the mediation of timorous men he made peace with the Barons for a time promising inviolably to observe the Provisions of Oxford that all the Kings Castles thoroughout England should be delivered into the custody of the Barons that all Aliens within a certain time should void the Realm except those who should be thought faithfull thereunto by the unanimous consent of the Kingdom and that faithfull and profitable natives of the Realm should thenceforth dispose of the affairs of the Kingdoms under the King But THE QUEEN instigated with foeminine malice contradicted it all she could which made the people revile and cast dirt and stones at her as she was going to Windsore enforcing her to retire again to the Tower How William Longshamp Bishop of Ely Lord Chancellour of England Earl John and others when they disturbed the peace of the Realm and turned Malignants were apprehended besieged imprisoned excommunicated and their Goods and Castles seised on by the Lords and Commons one of Parliament yea during the time of King Richard the first his absence and captivitie you may read at large in Roger de Hovedon Holinshed Daniel and others Why then the Lords and Commons in Parliament may not now much more do the like for their own and the whole Kingdoms safety I can yet discern no shadow of reason I will not trouble you with Histories shewing what violent unlawfull courses Kings and People have sometimes used to raise moneyes in times of warre by sacriledge rapine and all manner of indirect means I rather wish those Presidents and their occasions buried in eternall silence then reduced into practise and verily perswade my self that every ingenuous true born Englishman who bears a reall naturall affection to his Countrey or a Christian love to his Brethren the Parliament and Religion will according to his bounden duety the Protestation and Covenant which he hath taken rather freely contribute his whole estate if need so require towards the just defence of his Countrey Libertie Religion and the Parliament against the treacherous Conspiracies of the Pope Jesuites forraign Catholikes Irish Rebels English Papists and Malignants who have plotted their subvertions then repine at or neglect to pay any moderate Taxes which the Parliament shall impose or inforce the Houses to any extraordinary wayes of Levying Moneyes for want of ordinary voluntary supplyes to maintain these necessary defensive warres I shall close up all in a few words The Parliament hath much against their wills been inforced to this present defensive warre which they have a most just and lawfull power to wage and manage as I have elsewhere evidenced by the Fundamentall Laws of the Realm yea by the Law of God of Nature of Nations This warre cannot be maintained without Moneyes the sinews of it wherefore when voluntary contributions fail the Houses may by the same Laws which enabled them to raise an Army without the King impose necessary Taxes for the maintaining of it during the warres continuance else their Legall power to raise an Army for the Kingdoms defence would be fruitlesse if they might not Levy Moneyes to recrute and maintain their Army when raised which Taxes if any refuse to pay they may for this contempt be justly imprisoned as in cases of other Sudsidies and if any unnaturally warre against their Countrey or by way of intelligence advise or contribution assist the common Enemy or seduce or withdraw others by factious slanderous speeches against the Power and Proceedings of the Parliament from assisting the Parliament in this kinde they may for such misdemeanours upon conviction be justly censured confined secured and their estates sequestred rather then the Republike Parliament Religion or whole Kingdom should miscarry It is better that one should perish then all the Nation being the voyce of God Nature and resolution of all Laws Nations Republikes whatsoever If any hereticall scismaticall or vitious persons which may poyson others with their pernicious false doctrines or vitious wicked lives appear in the Church they may after admonition if they repent not yea and de facto are or ought to be excommunited the Church and societie of all faithfull Christians so as none may or ought to converse with them till their repentance If this be good Law and Divinitie in the Church the banishing and confining of pestilent Malignants in times of warre and danger must by the self-same reason be good Law and Divinitie in the State I have now by Gods assistance notwithstanding all distracting Interruptions Avocations Remoraes incountring me in this service ran through all Objections of moment which the King or any opposites to this Parliament have hitherto made against their proceedings or jurisdictions and given such full answers to them as shall I trust in the generall abundantly clear the Parliaments Authoritie Invocency Integritie against all their clamarous malignant Calumnies convince their Judgements satisfie their consciences and put them to everlasting silence if they will without prejudice or partialitie seriously ponder all the premises and ensuing Appendix which I have added for their further satisfaction information conviction and the confirmation of all forecited domestick Laws Presidents by forraign examples and authorities of all sorts And if any shall yet continue obstinate and unresolved after so many convincing Reasons Presidents Authorities or still retain an ill opinion of the Parliaments proceedings I shall desire them onely seriously to consider the most execrable conspiracy of the Pope Jesuites and Popish party in all His Majesties three Realms to extirpate the Protestant Religion subvert the Government Parliament and poyson the King himself if he condescend not to their desires or crosse them in their purposes whom they have purposely engaged in these warres still continued by them for this very end to enforce the King to side with them and so gain possession of his person to accomplish this designe of theirs as is cleerly evidenced to all the world by Romes Master-Peece the English Pope the Declaration of the Lords and Commons concerning the Rise and Progresse of the Irish Rebellion and then advisedly to consider in what great present danger the Kingdom King Parliament and Religion are when the Popish Partie and forces now in Arms have gained the Kings Princes and Duke of Yorkâ—s persons into their custodie the Cities of Chester and of late Bristoll the Keyes of England with other Ports to let in all the Irish Rebels upon us to cut our throats in England as they have cut above an hundred and fortie thousand of our Protestant brethrens throats already in Ireland it being one part of their designe now presently to be executed as appears by sundry Examinations in the Irish Remonstrance for which end some thousands of Irish Rebels who have all embrued their hands there in English bloud are already landed here and are in great favour and command about the King To which if they adde the omnipotent over-ruling power of the Queen the Head of that partie with the
said in full Parliament that if a treaty of peace or truce should be entertained betweene their Lord the King and his adversary of France that they thought it expedient and necessary if it should please the King that Mounseur de Guyen because he is the most sufficient person of the realme shall goe to the same Treaty And the King said that he liked it well if it pleased the said Lord de Guyen and thereupon Mounseur de Guyen said that he would with a very good will travell and doe any thing which might turne to the honour and profit of the King and of his realme In the Parliament of the 14 H. 6. Num. 10. The Kings grant of the custody of the Town and Castle of Calice the Towne of Risbanke the Castles of Hamures Marke Oye Stangate Bavelingham and of the Castle and Dominion of Guynes in Picardy to be made to Humfrey Duke of Glocester his unkle in the presence of the Lords spirituall and temporall then being in the present Parliament was on the 29 day of October read before them which being understood and mature deliberation taken thereupon the severall reasons of the said Lord being heard it was at last by their assent and consent agreed and ordered that the said Duke should have the custody of the said Towne Castles and premises to the end of nine yeeres then next ensuing which Charter was subscribed by all the Lords there present In the Parliament of 31 H. 6. Num. 41. pro custodia Maris it was enacted For as much as the King considering that as well divers His Clergy men of this his realm inhabiting nigh the coast of the Sea and others His Subjects using the Trade of Merchandises have been oftentimes grievously imprisoned distressed put to great sufferances and ransomes and their Ships Vessels and Merchandises of great value taken upon the Sea by his enemies and also Merchant strangers being under his leageance amity safegard or safe conduct upon the Sea have been robbed and spoyled against the forme and contents of such truces and safe conducts signed His Highnesse willing and intending sufficiently to provide for the remedy of such inconveniences and to eschew and avoyd all such robberies and dispoylers HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL in his high Court of Parliament assembled desired certaine great Lords of this realme that is to say Richard Earle of Salisbury John Earle of Shrewsbury John Earle of Worcester James Earle of Wiltshire and Iohn Lord Sturton with great Navies of Ships and people defensible in great number purveyed of abiliments of warre to intend with all diligence to their possibility the safeguard and keeping of the Sea For which cause the subsidies of Tonnage and Poundage granted to the King for his naturall life this Parliament that they might be applied to such uses and intent as they be granted the King BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY OF THE SAME were granted to the said Earles and Lord Sturton and the survivers of them for three whole yeeres with power for them to appoint Collectors to receive and collect them in every Port without rendering any account so as they kept the covenants and endentures made between the King and them for the safegard of the Seas with a proviso that this Act during the three yeeres should not be prejudiciall to the custome of the Towne or Castle of Calice or Rishbanke for the payment of the wages and arreares of the Souldiers there And over that if the goods of any of the Kings liege-people or any of his friends be found in any Vessell of the Kings enemies without any safe conduct that then the said Earles and the Lord Sturton shall take and depart it among them and their retinue without any impeachment according to the Statute thereupon made In the Parliament of 33 H. 6. Num. 27. the said Lords were discharged of the custody of the Sea by the Parliament in these words For as much as the Earles of Salisbury Shrewsbury and Worcester and the Lord Sturton besought the Kings Highnesse in this present Parliament that it might like his Highnes and Excellency of his Noble grace to have them clearely discharged of the keeping of the Sea the King therefore and for other causes moving his Highnesse BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL IN THE SAID PARLIAMENT ASSEMBLED the 30 day of Iuly the 23 day of the same Parliament admitted their desire and would that the said Earles and Lord Sturton or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding and ended at Westminster be from the 30 day of July fully discharged of the keeping of the same and that IT SHOULD BE ENACTED OF RECORD In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY THEREOF ordained and established that his dearest cosin Richard Duke of Yorke rightfull heire to the Countries of England and France and of the Lordship and Land of Ireland have and take upon him the power and labour to ride into the parts of England and Wales where great rebellions murders riots spoylings executions and oppressions be used committed and attempted to represse subdue and appease them And also to resist the enemies of France and Scotland within the realme And further granted ordained and established by the said advice and authority that every Sheriffe with the power and might of his Sheriwicke and every Major Bailiffe Officer Minister and Subject of the said realme of England and of Wales shall attend upon his said cousin for the said intent as the case shall require and to the same intent be ready at the command of his said cousin and the same obey and performe in like case as they ought to doe at his commandement after the course of the Lawes of England and in Wales after the customes there c. And to cite no more presidents in so cleare a case in the Parliament of 21 Iacobi ch 33. The Temporalty having granted three intire Subsidies and three Fifteenes and tenths to King James towards the maintenance of the warres that might then suddenly insue upon the breach with Spaine and more particularly for the defence of the realme of England the securing of Ireland the assurance of the states of the united Provinces with the Kings friends and allies and for the setting forth of the Navy-royall did by that Act for the better disbursing of the said ayd and mannaging that warre according to the Parliaments true intention by that very Act wherein they gave the Subsidies did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys and appointed ten Lords and Knights particularly named in the Act to be of the Kings
Empire in the Greek and German Empires derived out of it in the old Graecian Indian Aegytian Realmes in the Kingdomes of France Spaine Italy Hungary Bohemia Denmarke Poland Sweden Scotland yea of Judah Israel and others mentioned in the Scripture the Supreame Soveraignty and Power resided not in the Emperours and Kings themselves but in their Kingdomes Senates Parliaments People who had not only a power to restrain but censure and remove their Emperours and Princes for their Tyranny and misgovernment With an Answer to the Principal Arguments to prove Kings above their whole Kingdomes and Parliaments and not questionable nor accountable to them nor censurable by them for any exorbitant Actions HAving finished the preceding Treatise which asserts The Supreame Authority and Soveraigne Power in the Realme of England legally and really to reside in the whole Kingdome and Parliament which represents it not in the Kings Person who is inferiour to the Parliament A Doctrine quite contrary to what Court Prelates and Chaplaines have for sundry yeeres inculcated into our Kings and People who preach little else but Tyranny to the one and Slavery to the other to support their owne Lordly Prelacy and hinder an exact Church Reformation and directly opposite to the resolutions of many malignant Courtiers Lawyers and Counsellours about His Majesty who have either out of ignorance or malice created him a new Utopian absolute Royall Prerogative unknowne to our Ancestors not bottomed on the Lawes of God or the Realm for maintenance of each Punctilio whereof against the Parliaments pretended Encroachments the whole Kingdome must be engaged in a destructive civill Warre now like to ruine it I could not but conjecture how in all probability these Clergy men Courtiers and Lawyers out of their unskilfulnesse in true Divinity History Law and Policy would upon the first tydings of this strange Doctrine passe a sentence of Excommunication and death against it as guilty not onely of Heresie but High Treason and judge it such a monstrous Antimonarchicall Paradox as was never heard of in much lesse claimed or practised by any Kingdome Realm or Monarchy whatsoever To anticipate which rash censures and undeceive both Kings and Subjects whom these grosse Parasites have over-long seduced in this point to their prejudices convince the consciences of all gainsaying Malignants irradiate this long obscured verity whose seasonable discovery may through Gods blessing conduce very much to period the present Differences between King and Parliament touching matters of Prerogatives and Priviledges claimed by either I conceived it not only expedient but necessary to back theforecited presidents of our own Kingdom with paralelled examples in most forraign Realmes and Monarchies in which it is not mannerly to be overbusie without just cause which I have faithfully though sudenly collected out of the best approved Authors and Historians whereby I shall infallibly prove that in the Roman State and Empire at the first in the Greek Empire since in the German Empire heretofore and now in the ancient Kingdomes of Greece Egypt India and elsewhere in the Kingdomes of France Spaine Hungary Bohemia Denmarke Sweden Poland Scotland and most other Kingdomes in the world yea in the Kingdomes of Judah and Israel and others mentioned in Scripture the Highest Soveraigne Authority both to elect continue limit correct depose their Emperours and Kings to bound their royall power and prerogatives to enact Lawes create new Offices and formes of Government resided alwayes in these or Princes persons I shall begin with whole Kingdomes Senates Dyets Parliaments People not in the Emperors Kings the Roman State as having much affinity with curs which was long under their command heretofore After the building of Rome by Romulus and Remus Romulus being elected King divided the people into two Rankes those of the highest quality he stiled Senators making them a Court of Counsell and Justice much like our House of Peeres the other he termed The People being the body of the State and representing our House of Commons In this distinction made by the Peoples consent the Soveraigne Authority to elect Succeeding Kings to enact binding Lawes to make warre or peace and the like rested not in the Kings person but in the Senate and people joyntly if they accorded yet principally in the people in case either of assent or dissent between them their very Kings and Lawes having their greatest power and efficacy chiefly from the peoples election and assent To begin first with their Kings Election and Authority when Romulus their first King deceased there arose a great controversie in Rome about the Election of a new King for though they all agreed to have a King yet who should chuse him and out of what Nation he should be elected was then controverted In the Interim to avoid confusion the Senators being 150. divided the Regall power between them so as every one in his turne in Royall Robes should doe Sacrifice to the Gods and execute Justice six houres in the night time and six houres in the day which tended to preserve an equality among the Senators and to diminish the envie of the people when in the space of one night and day they should see one and the same man both a King and a private person But the people disliking this Interregnum as tending to put off the Election of a King that the Senators might keep the principallity and divide it among themselves cried out that their bondage was multiplyed having an hundred Lords made instead of one neither would they suffer it any longer unlesse they would admit a King created by themselves Hereupon the Senate thinking it best to offer the people that which they were like to lose to gaine their favour Summa potestate populo permissa permitted to the people the chiefe power of Electing a King but yet that they might not give away more right then they deteined they decreed That when the people had commanded and elected a King it should be ratified if the Senators should approve it or be reputed the authors of it Then the Interex assembling the people spake thus unto them O Romans REGEM ELIGITE chuse yea King so the Senators thinke fit and if he be one worthy to succeed Romulus they will approve him This was so gratefull to the people that lest they should be overcome with the benefit they commanded that the Senate should decree who should reigne at Rome At last Numa Pompilius was named and none of the people or Senate daring to preferre any before him all of them joyntly decreed that the Kingdome should be conferred upon him Whence Canubius the Tribune of the people in his Speech against the Consuls long after used these words Numa Pompilius POPULI JUSSU Patres autoribus Romae Regnavit Reges exacti JUSSU POPULI which manifests the chiefe power to be in the people Numa departing Tullus Hostilius by the people command consent and approbation was made King which Livy thus expresseth Tullum
to procure his pardon which because it was the first president of this kinde made his advocate say tamen it a inusitatum est Regem capitis reum esse ut ante hoc tempus non sit auditum yet long before that Zedechiah King of Iudah rebelling against the King of Babylon was brought prisoner to the King of Babylon to Riblah where hee gave judgement upon him slew both his sonnes and Princes before his eyes and then put out his own eyes bound him with fetters of brasse and carried him prisoner to Babylon where hee died 2 Kings 25. 1. to 8. Ier. 52. 1. to 12. And after Detoratus Antigonus King of the Iewes being taken prisoner by Antonius for moving sedition against the Roman State was beheaded with an axe at Antioch without any legall triall to prevent further seditions which never befell any King before that time writes Alexander ab Alexandro And Agrippa not long after put Bogus King of the Mores to death for siding with Antonius Of later times I read that Ludovicus Pius the Emperour taking Bernard his Nephew King of Italy prisoner for rebelling and denying his superiority over him carried him into France to determine what should be done with him according to Iustice for this his offence where though a King hee was condemned to death and executed as some or at least cast into prison and had his eyes put out as others write So Charles of France taking Conradine King of Sicily prisoner publikely arraigned and condemned him of high Treason and cut off his head Anno 1208. Yea our owne King Iohn being a Feudatary to the King of France was by Philip the French king in a full Parliament there during his absence in England arraigned condemned to death and deposed from his Crown by the sentence of his Peeres for murthering his Nephew Arthur then a Subject of France with his owne hands So Iohn Bailiol king of Scotland renouncing his homage for that Crowne to king Edward the first was for this offence compelled to resigne his Crown with all his right to the kingdome of Scotland to King Edward the first and sent Prisoner to the Tower of London and Mary Queene of Scots within many mens memories after long debate in Parliament was condemned and beheaded at Fothringhom Castle Febr. 8. An. 1587. for laying claime to the Crowne of England and other particulars mentioned in our Historians And thus much for the Roman Grecian German Emperours kings and kingdomes I shall now give you a briefe Survey of what Greeke Authors write concerning Kings and Kingdoms and of the power the kinds of ancient Kings and Kingdomes in Greece and other places That great Father of Learning and policie Aristotle Tutor to the greatest Emperour Alexander the Great whose Authority is irrefragable in our Schooles resolves That true Kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people and founded confirmed by the customes and Lawes of each country which Polibius also affirmes That there are 4 severall sorts of Kings some of greater some of lesser Authority and continuance then others some elective some successive some during life some Annuall all of them receiving their distinct jurisdictions Formes Limitations and different Royalties from the peoples primitive or subsequent institutions and consents For all men being equall by the Law of nature can have no dominion nor Supercrity one over another but by their own voluntary consents That the Lawes not the Kings Princes or Magistrates be they one or more or never so good ought to be the sole Lords or Rulers of the Common-wealth and that Princes and Governours ought to governe by the Lawes who cannot command what the Lawes doe not command That those who command that the Law should rule command that God and the Lawes should rule but he that commands a man to be a Prince he commands that both a man and beast should be Princes for covetousnesse and the lust of the minde is a certaine beast which poverts both Magistrates and the very best men but the Law is a constant and quiet Minde and Reason voyd of all motions of lusts and desires That the power of the greatest things and greatest power ought DE IVRE of right to be in all the people because their wisdomes resolutions and revenues considered altogether are greater and more considerable then those of a few wise or honest men placed in the highest offices of Magistracie who are but a small particle of the State in respect of all the people That the people ought to be of more power then the King or greatest Magistrates to prevent their Tyranny and Oppression and that a King ought to governe by his Lawes and not to doe any thing against them according to his lust wherefore he ought to have so much power and force wherewith he may protect the authority of the Lawes yea he must necessarily have forces and power yet so much onely as thereby he may be able to curbe every particular man or many also yet not so great power but that a populo autem universo idem REX ILLE IPSE COERCERI POTEST the very King himselfe may yet BE CVRBED by all the people such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governour over the City And when Dionysius required Guards a certaine Syracusan perswaded them to curbe such Guards to which Polybius also suffragates According to these Rules of Aristotle I read in Dionysius Halicarnassaeus and Polybius that in the Lacedemonian Common-wealth the Kings had not the chiefe Dominion so as they might doe what they pleased sed summa totius Reipub. administratio penes Senatum erat but the chiefe Government of the whole Commonweale was in the Senate from whence the Romanes tooke their patterne Alexander ab Alexandro Boemus and Xenophon write That the Lacedemonians sometimes elected a King out of the Family of the Heraclidae or of Agis but more often two joynt Kings of equall Authority out of the stock of Proclus and Aemisthenes who yet had not the chiefe Command as Kings Quia juris omnis publici potestas penes Senatum erat because the power of all publike law or rule was in the Senate the better to keep their Kings from attempting and usurping a Tyranny they being Kings rather in name then Dominion and like the Athaean two Annuall Praetors whence Aristotle makes them the lowest ranke of Kings Iohn Bodin informes us That in the Lacedemonian Aristocracie the Soveraignty remained in the State wherein were two Kings without any Soveraignty at all being indeed nothing else but Captains and Generals for the managing of their Warres and for that cause were by the other Magistrates of the State sometimes for their faults condemned to pay their fine as was Agesilaus and sometimes to death also as was
which one Simon Poylet was hanged in Chaines Headed and Quartered at Paris for saying in open audience that the right of the Crowne of France belonged more rightfully unto King Edward then to King Philip who had long warres about these their Titles to the Crowne King Iohn of France in the fifth year of his reigne had by authority of the three estates of his Realme assembled in Parliament to wit of the spirituall Lords and Nobles and Heads of Cities and good Townes of his Kingdome 3000 men waged for a yeare granted to him to defend him and his Realme against Edward the third King of England who the next yeer following took King Iohn prisoner in the field Whereupon Charles Duke of Normandy his eldest sonne and Heire apparent assembled the 3 Estates at Paris in a Parliament there held craving aid of them to redeem their captivated King who promised their uttermost help herein desiring convenient time to consult thereof Which granted the three Estates holding their Councell at the Gray Fryers in Paris appointed fifty persons among them to take view and make search of the grievances and evill guidance of the Realme who after examination appointed six of themselves to acquaint the Duke That the Realme before time had beene misguided by ill Officers and except remedy for it were shortly found it should stand in perill to be lost wherefore they besought him to discharge all such as they would name unto him and over that to forfeit their Goods to the Kings use And first they name Peter Archbishop of Roan Chancellor of France Sir Simond de Bury chiefe Counsellor of the King and Parliament too Sir Robert de Lorize before time Chamberlaine to the King Sir Nicholas Brake Master of the kings Palaces Engueram Burgesse of Paris under Treasurer of France Iohn Pryll Soveraigne of the money King accounts and Iohn Channeon Treasurer of the Kings wars All which Officers they would should be discharged all royall Offices for ever Also they would that the King of Naverne then imprisoned by the King of France should be set free and that Duke Charles himselfe would be contented to be advised and counselled by such as they should appoint unto him namely by foure Prelates twelve Knights and twelve Burgesses which eight and twenty persons should have authoritie to rule and ordaine all things necessary for the Realme to set in and put out all Officers appertaining to the Realme with divers other requests which unto the Duke were nothing agreeable Vpon which requests the Duke gave answere That he would counsult with his Councell and thereupon would shape unto them some reasonable answere But first he desired to know what aide the three Estates would give unto him for delivery of his Father Whereunto was answered that the Clergie had given a disme and a halfe to be paid in a yeare with that that they may have license of the Pope and the Lords as much to be levied of their lands and the Commons the tenth penny of their moveable goods The morrow following the Duke and his Councell met and after many Messages betweene them and the three Estates offers to reforme some part of the Articles But the Estates firmely answered That unlesse he would reforme all the said faults and confirme the said Articles to their minde for the Common-wealth of all the Land they should not aide him with their Goods like as they shewed him The Duke hereupon secretly acquainted King John of these proceedings who wrote to him againe that in no wise he should agree to the said requests and to the end that these matters should not be touched in open Parliament he deferred the debate of them from day to day and at last by advice of his Councell dissolved the Parliament of the three Estates and commanded every man to returne home without any effect of their long counsell Wherewith many of the said persons were grievously miscontent saying among themselves that they perceived well this was done by the Duke to the intent the requests by them devised should not take place but that the old misgovernance might continue like as before times it had done Wherefore divers of them assembled againe at the Gray Fryers and there made out divers Copies of the said requests to bear them into their Countries and shew them unto the good Townes And albeit the Duke after this Councell thus disolved asked ayde of the Citie of Paris and other good Townes to maintaine his wars he was plainly answered That they might not ayde him unlesse the three Estates were againe reassembled and that the grant of the ayde might passe by their authority Whereunto the Duke in no wise would agree In the mean time the 3 Estates of Languedock assembled in their Province by the Earl of Armenake the Kings Lieutenant to make ayde for the Kings deliverance agreed to purvey at their proper costs 500 men at Armes with a furniture to every speare and a 1000 souldiers on horsbacke 1000 Arbalestres and 2000 others called Gunsiers all which to be waged for a whole yeare and farther ordained that no man should weare any furres of great price that women should leave the rich at tire off their heads and weare neither pearle nor gold upon them nor silver in their girdles and that all manner of Minstrelsie should be put to silence so long as the King remained prisoner The Duke and his Counsell after this proclaimed at Paris certaine coynes and values of money newly ordained by them with which Proclamation the Commons of the City were grievously â—moved And for reformation the Provost of the Merchants with others rode to the Earle of Angeou the Dukes Brother and Lieutenant who was then absent at Meaux requesting him to cease the use of that money And if not they would use such meanes that it should not be suffered to be put forth nor taken within the City Whereupon after long debate it was agreed that the money should be stopped till the Dukes pleasure was knowne Vpon whose returne the Dukes counsell sent for the Provost and desired him to suffer the said money to run and be currant throughout the said City Which the Provost with his company utterly denyed and after many great and bold words departed from the Counsell in great ire and after their returne unto the City incensed so the Commonalty that they set apart all workmanship and Occupation shutting in their Shops and drew unto their Armour and Harnes The Duke informed of this murmure of the Commonalty of the City straitly commanded the Provost that the Kings peace were kept within the City and that he with certaine Citizens should appeare at the Palace before him and his Counsell the next day at an houre assigned at which time the Provost with his company came and were conveyed into the Parliament Chamber where the Duke and his Counsell were present Then the Duke after certaine Challenges made to the Provost for his obstinacy and
which Lewes Duke of Orleance should be President Lewes discontented with the device seekes to hold his ranke he pretends that being the first Prince of the blood the Regency belonged unto him he assists at the Councell in Parliament and in the assemblies in Towne and notwithstanding the last VVill of King Lewes and the Decree of the Estates yet will he by force have the name and effect of Regent VVhereupon discontents arising he leaves the Court in discontent and raised a civill warre However the Estates setled the Regencie and affaires of the Realme Anno 1525. Francis the first King of France was taken prisoner by the Emperour Charles the fifth in the Battell of Pavia who by mediation of Friends for his enlargement sent the Earle of Reux his Lord Steward to offer the King Liberty so as he would resigne all the rights he pretended in Italy restore the Dutchy of Burgongue as belongeth to him by right with Provence and Dolphine for the Duke of Bourbon to incorporate them with other Lands which he had formerly enjoyed and to make all together a Kingdome Moreover the Emperour offered to give him his sister in marriage propounding many other conditions so absurd and void of reason as it is better to let the curious reade them in the Originalls themselves Amongst all losses that of Liberty toucheth neerest but Francis having learned to withstand all adversity with a constant resolution said I will dye a Prisoner rather then make any breach in my Realm for my deliverance whereof I neither WIL NOR CAN alienate any part without the consent of the Soveraign Courts and Officers in whose hands remains the authority of the whole Realm We preferre the generall good before the private interest of Kings persons If the Emperour will treat with me let him demand reasonable things which lye in my power then shall he finde me ready to joyne with him and to favour his greatnesse The Emperour seeing the King constant in this resolution in the end yeelded to his delivery upon these termes That within six weekes after his delivery he should consigne the Dutchy of Burgengue to the Emperour with all the dependancies as well of the Dutchie as of the County the which should hereafter be sequestred from the Soveraigntie of the Realme of France That he should resigne to the Emperour all his rights pretended to the Estates of Naples Milan Genoa and Ast That he should quit the Soveraignty of Flaunders and Arthois c. Hereupon the King being enlarged and arrived at Beyonne he was required to ratifie the Accord which he had promised to doe when hee came to a free place but he delayed it with many excuses giving the Emperour to understand that before he proceeded to such an act it was necessary that he should pacifie his Subjects who were discontented with bonds which tended to the diminution of the Crowne of France c. After which the Pope and the Venetians sending Messengers unto him he complained of the Emperour that he had wronged him in that he had forced him to make impossible promises and that he would be revenged if ever occasion were offered and that he had often told him that it was not in the power of a French King to binde himselfe to the alienation of any thing depending of the Crowne without the consent of the Generall Estates that the Lawes of Christians did not allow that he which was taken in Warre should be detained in perpetuall prison which was a punishment proper to Malefactors and not for such as had bin beaten by the cruelty of fortune that all men knew that Bonds made by constraint in prison were of no value and that the capitulation being of no force the faith likewise which was but accessary and the confirmation of the same could not be bound that by the oath which he had taken at Rhemes at his Coronation he was bound according to the custome of other Kings of France not to alienate the patrimony of the Crowne and therefore for these reasons he was no lesse free then ready to abate the Emperors pride The Emperor growing jealous of the Kings delayes for ratification thereof sent one unto him to be certified of his intent who found him very unwilling to leave Burgundy which being very prejudicall to the Crowne of France he said was not in his power to observe and that hee could not alien the Bourguinans without their assents in an assembly of the Estates of the Country which he intended to call shortly to know their minds By which it is most apparent that the Kings of France have no power at all to dispose of their Crown lands or alienate them to others as other Subjects may doe because they hold them onely in the right of their Crowne for their Kingdomes use and service the true proprieters of them Upon which very ground Philip Augustus King of France Anno 1216. in a solemne Assembly of the States at Lyons told Walo the Popes Legate who came to prohibit his Sonne Lewes to goe to receive the Crowne of England because King Iohn had resigned it to the Pope That no King or Prince can give away his Kingdom without the consent of his Barons who are bound to defend the Kingdome and if the Pope decreed to defend this errour he should give a most pernitious Example to all kingdomes Whereupon all the Nobles of France began to cry out with one mouth That they would stand for this Article unto death That no King or Prince by his sole pleasure could give his Kingdome to another or make it tributary whereby the Nobles of the Realme should be made servants And the next day Lewes his Advocate alledged that King Iohn for his homicides and many other enormities was justly rejected by his Barons that Hee should not reigne over them That he could not give the Crowne of England to any one without the assent of his Barens and that when he had resigned it he presently ceased to be a King and the Kingdome became void without a King and being so vacant could not be disposed of without the Barons who had lawfully elected Lawes for their King who in pursuance of this his Title which the Estates of France held just sailed into England took possession of the Kingdome received homage of all the Barons and Citizens of London who joyfully received him taking an Oath upon the Evangelists to restore them their good Lawes together with their lost Inheritances Henry the 2. of France being casually slaine by the Earle of Montgommery in running at the Tilt left the Crowne to Francis the 2. being but about 16. yeares of age the Queen Mother with his wives Vncles the Duke of Guise and the Cardinall of Loraigne hereupon usurped the Government of his person and Realme dispossessed the chiefe Officers of the Crowne kept backe the Princes of the Blood from Court the true and lawfull Governours of the State during the Kings minority
22. 80. n. 4. 108. n. 29. 141. n. 2. Covarunius Quaest Illust. T. 2. 396. n. 2. 4. Hugo Grotius de Jure Belli l. 1. c. 4. sect 7. l. 2. c. 14. sect 11. and elsewhere Marius Salamonius de Principatu Eccardus de lege Regia with others cited by them Hookers Ecclesiasticall Polity l. 1. sect 10. p. 69 70 71. a pregnant place Albericus Gentilis de Iure Belli l. 3. c. 10. 15. Ioannes Mariana de Rege Regum Instit l. 1. c. 1. to 10. Sparsim Iunius Brutus Vindiciae contra Tyrannos Quaest 3. p. 83. to 94. with whose words I shall close up this observation having elle where particularly proved the verity thereof and answered all Obiections against it from misinterpreted Scriptures We say now writes he that the people constitute Kings deliver Kingdoms approve Kings elections with their suffrages which God would have to be thus that so whatsoever authority and power they should have they should next to him referre it to the people and therefore should bestow all their care thoughts industrie for the peoples profit neither verily should they think themselves advanced above other men for their excellency of nature no otherwise then men are over Heards and Flocks but should remember that being born in the same condition with others they were lifted up from the ground unto that condition by the suffrages as it were by the Shoulders of the people upon whose Shoulders the burthen of the Common-weale should for a great part rest After which he proves by Deut. 17. and divers forecited presidents in Scripture that God gave the Election and Constitution of the kings of Israel to the people and that notwithstanding the succession of the kingdom of Iudah was by God entailed afterwards to the Linage of David yet the Kings thereof actually reigned not before they were ordained by the people Whence we may conclude that the Kingdom of Israel if we respect the stock was certainly hereditary but if we regard the persons altogether elective But to what end was this if the Election appear as it is confessed but that the remembrance of so great a dignitie conferred by the people should make them alwayes mindefull of their duty So likewise among the Heathens we read that Kings were constituted by the people for when they had wars abroad or contention at home some one man of whose fortitude and justice the multitude had a great opinion was by common consent assumed for King And among the Medes saith Cicero Deioces was of an Arbitrator made a Iugde of a Iudge created a King and among the Romanes the first Kings were elected Therefore when Romulus being taken away the Inter-regnum of the hundred Senators was displeasing to the Romans they accorded that afwards Kings should be chosen by the Suffrages of the people the Senate approving it And Tarquin the proud was therefore reputed a Tyrant for that being created neither by the people nor Senate he held the Empire onely by force and power Wherefore Caesar although he invaded the Empire by force yet that he might cosen the people at least with some pretext of Law would seem to have received the Empire from the Senate and people But Augustus although he was adopted by Caesar yet he never bare himselfe as heire of the Empire by divise but rather received it as from the Senate and people as did also Caligula Tiberius Claudius whereas Nero who first invaded the Empire by force and wickednesse without any colour of Law was condemned by the Senate Since then no man could be born an absolute King no man can be a King by himselfe no man can reigne without the people Whereas on the contrary the people may both be and are by themselvs and are in time before a King it most certainly appears that all Kings were first constituted by the people Now albeit that from the time that Sons or Nephews imitated the vertues of their parents they seem to have made kingdomes as it were hereditary to themselves in certain Countries where the free power of Election may seem in some sort to have ceased yet that custome hath continued in all well constituted kingdomes that the children of the deceased kings should not succeed untill they were as de nono newly constituted by the people nor should not be acknowledged as heires to their Fathers but should onely then at length be reputed kings when they had as it were received investiture of the Realme from those who represent the Majesty of the people by a Scepter and Diadem In Christian kingdomes which at this day are said to be conferd by succession there are extant most evident footsteps of this thing For the kings of France Spain England and others are wont to be inaugurated and as it were put into possession of the Realm by the States Senators Nobles and great men of the Realm who represent the universality of the people in the same manner as the Emperours of Germany are by the Electors and the kings of Poland by the Vaynods or Palatines where the intire right is onely by election neither is royall Honour yeelded to them in the Cities of the kingdomes before they have been duly inaugurated Neither also heretofore did they compute the time of the reigne but from the day of the inauguration which computation was accurately observed in France And that we may not be deceived by reason of any continued stories of succession even in those very kingdoms the States of the Realme have oft times preferred a kinsman before a sonne the second sonne before the eldest is in France Lewis the brother before Robert Earl of Dreux also Henry the second brother before Robert Capet the Nephew with others elsewhere Yea and the same kingdome by Authority of the People hath been translated from one Nation and Family to another whiles there were lawfull heires extant from the Merouingi to the Carlingi from the Carlingi to the Capets which hath been likewise done in other Realms as it sufficiently appears out of the truest Histories And that we may not recede from the kingdome of France which hath ever been reputed the pattern of the rest in which I say succession seemes to have obtained greatest strength We read that Pharamond was elected Anno 419. Pipen An. 751. Pipens sonnes Charles the great and Charlemain 768. not having respect of the Father Charlemain being at last taken away 771. the Brothers part did not immediatly accrue to Charli the Great as is usually done in inheritances but by the determination of the people and publike Councell and by them Ludovicus pius was elected An. 812. although he were the sonne of Charles the great Yea in the very Testament of Charles which is extant in Nauclerus he Intreats the People by the Common Councell of the Realm to elect one of his nephews whō they pleased as for his Vncles he bids thē rest satisfied with the Decrée of the people Whence
made this wholesome sanction admonishing all the Iudges of his whole Republike that they should suffer no Rescript no pragmaticall sanction no sacred adnotation which should seem repugnant to the generall all Law or the publike profit to be produced in the pleading of any suite or controversie enough eternally to shame and silence those flattering Courtiers Lawyers Divines who dare impudently yea impiously suggest the contrary into Princes Ears to excite them to Tyrannize and oppresse their subjects against their expresse Oathes inviolably to observe and keep the Laws their Duties the very Lawes of God and man of which more in the seventh and eigth Observation Fourthly That Kings and Emperours can neither anull nor change the Laws of their Realms nor yet impose any new Laws Taxes or Impositions on them without the consent of their People and Parliaments This I have largely manifested in the first Part of this Discourse and the premised Histories with the Authors here quoted in the three precedent Observations attest and prove it fully for if the whole Kingdom Parliament and Laws themselves be above the King or Emperour and they receive their Soveraign Authority from the People as their publike servants It thence infallibly follows that they cannot alter the old Laws which are above them nor impose new Lawes or Taxes to binde the whole Kingdom people without their assents they being the Soveraigne Power This point being so clear in it self so plentifully proved in the premises I shall onely adde this passage out of Iunius Brutus to ratifie it If Kings cannot by Law change or extenuate Laws once approved without the consent of the Republike much lesse can they make and create new Laws therefore in the German Empire if the Emperour think any Law necessary he first desires it in the generall assemblies if it be approved the Princes Barons and Deputies of Cities subsigne it and then it is wont to be a firme Law Yea he swears that he will keep the Laws Enacted and that he will make no news Laws but by common consent In the Kingdom of Poland there is a Law renewed An. 1454 and 1538. That no new Laws or Constitutions shall be made but onely by publike consent or in any place but in Parliament In the Realm of France where yet commonly the authority of Kings is thought most ample Laws were heretofore enacted in the Assembly of the three Estates or in the Kings ambulatory Councell but since there hath been a standing Parliament all the Kings Edicts are void unlesse the Senate approve them when as yet the Arrests of that Senate or Parliament if the law be wanting even obtain the force of a Law So in the Kingdoms of England Spain Hungarie and the rest there is and of old hath been the same Law For if Kingdoms depend upon the conservation of their Laws and the Laws themselves should depend upon the lust of one Homuncio would it not be certain that the Estate of no Kingdom should ever be stable Would not the Kingdom necessarily stumble and fall to ruine presently or in a short space But if as we have shewed the Lawes be better and greater than Kings if Kings be bound to obey the Laws as servants are to obey their Lords who would not obey the Law rather then the King who would obey the King violating the Law who will or can refuse to give ayd to the Law thus infringed Fiftly that all publike great Officers Judges Magistrates and Ministers of all Realms are more the Officers and Ministers of the Kingdom than the Kings and anciently were and now ought to be of right elected onely by the Kingdom Parliament people and not removable but by them which is largely proved by Iunius Brutus Vindiciae contr Tyrannos qu. 1 2 â— De Jure Magistratus in Subditos qu. 5 6 7 8 9. with others the Histories forecited and Hotomani Francogallia c. 6 11 12 13 14. 6. That Kings and Emperors have no absolute power over the lives liberties goods estates of their subjects to dispose of them murther imprison or strip them of their possessions at their pleasure but ought to proceed against them in case of Delinquency according to the known Lawes and Statutes of their Realmes This truth is abundantly evidenced by all the premises by Magna Charta c. 29. and all Statutes Law-Books in affirmance of it by resolution of the Judges in Henry 8. his reigne Brook Corone 29. That it is Felony to slay a man in justing and the like notwithstanding it be done By command of the King for the command is against the Law and of Judge Fortescue 19. H. 6. 63. That if the King grant to me that if I kill such a man I shall not be impeached for it this grant is void and against Law By Junius Brutus Vindiciae contra Tyrannos Quast 3. p. 136 to 137. and the Treatise De Jure Magistratus in subditos in sundry places where this undeniable verity is largely proved confirmed and by others forecited Seventhly That Emperours Kings Princes are not the true Proprietory Lords or Owners of the Lands Revenues Forts Castles Shipps Iewels Ammunition Treasure of their Empires Kingdoms to alienate or dispose of them at their pleasures But onely the Guardians Trustees Stewards or Supervisors of them for their Kingdoms use and benefit from whom they cannot alien them nor may without their consents or privities lawfully dispose of them or any of them to the publike prjudice which if they doe their grants are void and revocable This proposition formerly ratified by many reasons authorities sundry Historicall Passages in this Appendix is not only evident by the Metropolitans usuall speech to all elected Kings prescribed by the Roman Pontificall ratified by the Bull of Pope Clement the eight where the Metropolitan when any King is presented to him to be Crowned first demands of the Bishops who present him Do you know him to be worthy of and profitable to this dignitie to which they answer We know and beleeve him to be worthy and profitable to the Church of God and for the Government of this Realme After which the Metropolitan among other things useth this Speech unto him Thou shalt undeniably administer Iustice without which no society can continue towards all men by rendring rewards to the good punishment to the evill c. and shalt so carry thy self that thou maist be seen to reign not to thine own but to all she peoples profit and to expect a reward of thy good deeds not in earth but in heaven which he immediately professeth with a solemn Oath to perform to the uttermost of his power and knowledge but likewise professedly maintained by Iustus Eccardus de Lege Regia Marius Salamonius de Principatu Hugo Grotius de Iure Belli Pacis l. 1. c. 4 sect 10. Lib 2. c. 13. 14. Hotomani Franco-Gallia c. 6. 10. 14. Ruibingius l. 2. Class 11. c. 8. n.
he had suffered the Royall Rights especially the Dukedome of Millain to be taken from him In the Polish kingdom there is an ancient Law of not alienating the Lands of the Kingdom of Poland renewed An. M.CCCLXV by king Lewes There is the same Law in the Realm of Hungary where we reade that Andrew king of Poland about the year M. CCXXI was accused before Pope Honorius the third that neglecting his Oath he had alienated the Crown Lands The like in England in the Law of K. Edward An. M.CCXCVIII Likewise in Spain by the Constitution made under Alphonso renewed again MDLX in the Assembly at Toledo which Lawes verily were enacted when as custome for a long time before had obtained the force of a Law But verily in the kingdome of France wherein as in the pattern of the rest I shall longer insist this Law was ever sacrosanct It is the most ancientest Law of the Realme I say the Law born with the Kingdom it self Of not alienating the Crown or demesne Lands renewed in the year M D 66. although it be ill observed Two cases onely are excepted Panage or Apennage aliments to be exhibited to his children or brethren yet so as the clintelary right be alwayes retained again if warlike necessitie require it yet with a pact of reddition Yet in the interim both of them were heretofore reputed void unlesse the Assembly of the three Estates had commanded it but at this day since a standing Parliament was erected it is likewise void unlesse the Parliament of Paris which is the Senate of Peers and the Chamber of publike accounts shall approve it and the Presidents of the Eschequer also by the Edict of Charles the 6 and 9. And this is so farre forth true that if the ancient Kings of France would endow any Church although that cause then seemed most favourable they were bound to obtain the consent of the Nobles as king Childebert may be for an example who without the consent of the French and Normans durst not endow the Monastery of S. Vincents in Paris as neither Clodoveus the second and the rest Moreover they cannot release the Royalties or the right of nominating Prelates to any Church but if any have done it as Lewes the eleventh in favour of the Church of Sennes and Philip the fourth of Augiers Philip Augustus of Naverne the Parliament hath pronounced it void The king of France when he is to be Crowned at Rheimes sweares to this law which if he shall violate it avails as much as if he contracted concerning the Turkish or Persian Empire Hence the Constitutions or as they callit the Statutes of Philip the sixt John the 2 d Charles the fift sixt eight of resuming those things which were alienated by their Ancestors of which resumptions there are many instances cited by Hugo Grotius de Jure Belli Pacis l. 2. c. 14. n. 12. 13. Adnotata Ibid. Hence in the Assembly of the three Estates at Towres An. 1323. 1360. 1374. 1401. 1483. in which Charles the eight was present many Towns of the alienation of Lewes the eleventh his Father which he had by his own Authoritie given to Tancred Castellan who demerited well of him were taken from his Heirs which even in the last assembly of the three Estates held at Orange was again decreed Thus concerning publike Lands But that it may the more evidently appeare that the kingdome is preferred before the king that he cannot by his private Authoritie diminish the Majestie which he hath received from the people nor exempt any one from his Empire nor grant the right of the Soveraign Dominion in any part of the Realm Charles the great once endeavoured to subject the Realm of France to the German Empire but the French vehemently withstood it a certain Vascon Prince making the Oration The matter had proceeded to Arms if Charles had proceeded further Likewise when some part of the Realm of France was delivered to the English the supreme right was almost perpetually excepted but if Force extorted it at any time as in the Brittish League wherein king Iohn released his Soveraign Right in Gascoigne and Poytiers the king neither kept his Contract neither could or ought he more to keep it then a Captain Tutor or Guardian as then he was who that he might redeem himselfe would oblige the goods of his Pupils By the same Law the Parliament of Paris rescinded the agreement of the Flusheners wherein Charles of Burgundy extorted Ambian and the neighbour Cities from the king and in our time the agreement of of Madrit between Francis the first a Captive and Charles the fift the Emperour concerning the Dukedome of Burgundy was held void and the Donation of Charles the sixt of the kingdom of France by reason of death conferred on Henry king of England may be one apt argument of his extreme madnesse if others be wanting But that I may omit other things which might be said to this purpose by what right at last can a king give or sell his kingdom or any part thereof seeing they consist in the people not in the walls now there is no sale of free men when as Land-Lords cannot so much as constrain their free Tenants that they should settle their Houshold in any other place then where they please especially seeing they are not servants but Brethren neither onely are all kings Brethren but even all within the Royall Dominion ought to be so called But whether if the king be not the proprietorie of the Realme may he not at least be called the usufructuary or receiver of the profits of the Crown Lands Truely not so much as an usufructuary A usufructuary can Pawn his lands but we have proved that kings cānot morgage the Patrimony of the Crown A fructuary can dispose or give the profits at his pleasure contrarily the great gifts of the king are judged void His unnecessary expences are rescinded his superfluous cut off what ever he shall convert into any other but the Publike use he is thought to have violently usurped Neither verily is he lesse obliged by the Cincian Law then any private Citizen among the Romanes especially in France where no gifts are of force without the consent of the Auditors of the Accounts Hence the ordinary Annotations of the Chamber under prodigall kings This Donation is too great and therefore let it be revoked Now this Chamber solemnly swears that whatsoever rescript they shall at any time receive from the king that they will admit nothing which may be hurtfull to the kingdom and Commonweale Finally the Law cares not how a Fructuary useth and enjoyeth his profits contrarily the Law prescribes the king in what manner and unto what use he ought to put them Therefore the ancient kings of France were bound to divide the Rents into four parts one part was spent in sustaining the Ministers of the Church and the poor another upon
further reliefe in the easiest way to support his warres the Lords condescended to grant the ninth sheafe of all their corne and the ninth fleece and Lambe of all their flockes to the King for the two next yeares so as the custome of Mal-tolt newly imposed on Wools should be released and this grant not drawne hereafter into custome as a precedent to their prejudice Who acquainting the Commons therewith they after deliberation As to the Kings supply returned this Answer Num. 8 9. That they thought it meet the King should be supplyed and were ready to ayde him as they had alwayes formerly beene but yet as the ayde was granted in this case they durst not assent to it untill they had consulted and advised with the Commons in the Country for which end they craved time to goe into their Counties and that Writs might issue to summon another Parliament on the Octaves of Saint Hillary of the richest Knights in every Shire at a short day to come which was condescended to After which Num. 9 10 11. they gave this answer in writing concerning the three Articles propounded to them First As to the keeping of the peace of the Realme that the Justices of the Peace had sufficient power already to that purpose onely they adde that disturbers of the peace should not be let out of Prison but upon sufficient Bayle and that no Charters of pardon should be granted to Felons but by common consent in Parliament and all other pardons held as voyd To the second they answered That the King before his going beyond the Seas had taken so good order and appointed such sufficient Guardians to defend the Marches of Scotland who were best able to guard those parts that the enforcement of them by the Kings Councell would be sufficient without any charge to the Commons Only they ordered that every man who had Lands in the Marches of Scotland of what condition soever they were should reside upon them to defend them as it had beene formerly ordained without charge to the Commons To the third concerning the guard of the Seas The Commons prayed that they might not be charged to give Counsell in things of which they had no conisance or charge and that they were advised that the Barons of the Ports which at all times have honours before all the Commons of the Land and are so enfranchized to guard the Sea betweene us and strangers if so be it fals out that they will enter and assaile our Land that they contribute to no aydes nor charges on the said Land but receive profits without number arising by the Sea for the Guard aforesaid Wherefore the Commons are advised that they ought to maintaine a guard upon the Sea as the Commons do upon the Land without taking or demanding wages Likewise there are other great Townes and Havens which have a Navy that are in the same case and are bound to guard the Sea And as for the safeguard of the Watch-houses upon the Sea by Land let the guard of them be made by the advice of the Knights of the Shire where the said Guardians are assigned in the safest manner that may be without charge of the Commons And that the people of the Land of what condition soever which have lands on the Coast shall keepe residence upon those Lands the better to repulse the enemies from the Land so that for their abiding there they shall be discharged to give any aide toward the same guard elsewhere Num. 13. The Commons frame and demand a generall pardon upon grant whereof they promise to aide the King with monies Num. 14. They make an Ordinance for increase of monies in the Realme Num. 15. Because the ships of England went not out together in Fleetes to trade but severally out of desire of gaine and covetousnesse and so many of them were taken by the Enemies of the King and the men slaine and murthered to the dishonour of the King and the whole Realme it was agreed and assented in full Parliament that all the Navy should stay and be arrested till further order were given to the contrary Num. 16. It was accorded and assented in Parliament that the Bishops and Lords in the Parliament should send Letters to the Archbishop of Yorke and the Clergy of his Province under their Seales to excite them to grant a convenient ayd for the guard of the Marches of Scotland for the defence of the Church the Realme and themselves as the Clergy of the Province of Canterbury had done Num. 17. It is accorded that Master Robert de Scardeburgh shall be put into the Commission which shall be sent into the Country of Yorke to survey the Array of the people which shall be chosen for the defence of the Realme in lieu of Sir Thomas de Blaston That Sir Richard Chastell shall be put in the Commission to survey the Array in the Counties of Notingham and Denby and John Feriby in the County of Lancaster Num. 18. It is assented that the people of Holdernes shall be Arrayed taxed and make ayde for the guarding of the Marches of Scotland and other businesses of the King in those parts notwithstanding the Commission made to them to guard the Sea Num. 21. The Lords who have Lands towards the Marches of Scotland are commanded and prayed by writs and Letters to repaire thither for defence thereof namely the Lords of Ros Wake Mowbray Clifford and Master William Daubeny Steward of the Earle of Richmond and that those who could not in this case goe in proper person should send their people to the Lords in the Marches In the second Parliament held this yeare by appointment of the first Octabis Hilarii 13. Ed. 3. Num. 2. 5. Edward Duke of Cornwall Guardian of England in the Kings absence being hindered by other businesses to be present in this Parliament by Letters Patents under the Kings great Seale appointed the Archbishop of Canterbury and others to supply his place and hold the Parliament Num. 6 7 8 9. The Commons for the defence of the Realme Sea and Marches of Scotland granted the King thirty thousand sackes of Wooll and the Earles and Barons the ninth sheafe Fleece and Lambe within their Demesne Lands and agreed to raise a great summe of money presently to set out a fleet of Ships to Sea fraught with men of armes and archers for defence of the Realme Num. 10. All the Merchants of England were summoned by writ to appeare at Westminster in proper person to conferre upon great businesses concerning the Kings honour the salvation of the Realme and of themselves Num. 11. The Mariners of the Cinque-ports upon their departure promised to make their ships ready by Mid-Lent and were to receive a summe of money to helpe defray their charges herein and the men of the Cinque-ports promised to defray the moity of the costs and the Kings Counsell the other moity but not in name of wages but out of speciall grace and
Counties of Nottingham Derby Yorke were to goe to Newcastle upon Tine at the Countries charges and then to receive the Kings wages and those of Westmerland Cumberland and Lancashire to marth to Carlile at the Counties charges and then to receive the Kings wages and that the Commanders great men and all the host when they assembled should lie and travell in the Land of Scotland and not in the Marches of England Num. 36. 37. A fit and trusty Clerke is appointed to pay the Souldiers wages by the advise and survey of the Lords Percy and Nevill and Merchants are ordered to returne moneys for the exploit and to furnish the King of Scotland with moneys sufficient to maintaine twenty men at Armes Num. 38. Because Mr. Richard Talbot had discharged himselfe of the government of Barwicke the Lords in Parliament earnestly intreated Sir Walter Creake to take upon him the custody of Barwicke and to certifie the Lords within a short time how many men at Armes and Archers would suffice to guard it and whether he would accept of the charge or not and if not they would provide another Num. 39. A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkeshire and the other Counties and to conduct them towards Newcastle Num. 46. It is accorded and assented that Writs shall be made to the arrayers of the Men of Armes Hoblers and Archers in the County of Oxford for the guarding of the Sea for the Prior and Canons of Burnacester to surcease their demand which they made to the said Prior and Canons to finde a man at Armes and two Archers to make such a guard at Portsmouth and also for the payment of certaine moneys for this cause untill they have other command from the King by reason that the Prelates and other great men in the Parliament are informed that all the possessions of their house will hardly suffice for their sustenance and that they cannot finde such charge without very great oppression of them and their house Loe here in these two Parliaments the Rols whereof I have recited more largely because rare and memorable all businesses concerning the Warres Militia and Array both by Land and Sea were particularly consulted of ordered and determined in and by the Parliament onely in a farre more ample manner then this present Parliament at first petitioned desired they should have been ordered and setled now In the Parliament rolls 14 E. 3. Num. 19. Certaine men are appointed to guard the Islands and Sea-coasts against the enemies Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwicke Num. 53. 54. 55. c. Commissions of Array in severall Counties are made by Parliament to the Earle of Angoyes and others for defence of the Kingdome In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others to appoint able persons for defence of the Marches of the East-riding In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne Ireland the Seigniory of Artoyes and the Marches of Scotland are in perill to be lost through default of good Officers the Commons petition that it would please the Lords to ordaine good and sufficient ministers which may be sent to governe in the same Lands in the most hasty manner that may be by reason of the great need that requires it And that all the chiefe guardians of the Ports and Castles upon the Sea as Dover Bannburgh Carlile and other Marches may be put in the forme aforesaid And that these Guardians of the Castles and keyes of the Realme may be sufficient men who may forfeit their inheritance if any mischiefe shall happen by reason of them which God forbid And that in all other sufficient persons of your Leiges be placed who may forfeit in the same manner for the salvation of the Realme To which the King answers The King willeth it and will doe that which shall belong to him by the advise of the Lords of His continuall Councell In 2 R. 2. Rot. Parliament Num. 37. the Admiralty is disposed of by the Parliament and Num. 39. a Schedule of Orders for the defence of the North sea is confirmed by the Parliament In the Parliament of 7 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals to guard the Seas In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate how the enemies of France with great Armies and many Vessels of warre have been continually and yet are in the Northerne parts and namely about the coasts of Scarburrough which Towne is dangerously seated upon the Sea open to the assaults of the said enemies and that the people of the said Towne had within two yeeres last past paid above one thousand pound ransome to the said enemies and yet were destroyed and carried prisoners into Boloigne and other places where they were yet kept prisoners and that the Towne was upon the point to be burned and destroyed and all the coast about it in short time if hasty remedy were not provided That therefore it would please the King and his most sage Councell considering the great dammages and perils the said Towne and coasts about it had sustained and were yet apparently like to sustaine to ordaine and assigne certaine Vessels of warre upon the said coasts to guard them against the malice and power of the said enemies and that during the warres for saving of the said Towne and the Kings Castle there situate and all the Country about it The Answer is This matter is in part touched by the Merchants of the said coast which are at this Parliament and by their advise and others who are to passe their Merchandize in these Marches by Sea remedy hath beene ordained in such sort as the Earle of Northumberland and the Major of London who were assigned in Parliament to treat of this businesse know more fully to declare In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords that if the King would grant him the quindisme and disme of the Laity and Clergy and the 6 pound and 2 shillings on the Tonne of Wine lately granted to the King for the safeguard of the Sea that he would within 20 daies after the receipt of the last payment transport into France 3000 Archers well armed and mounted for the ayd of Gaunt and would defray all the charges of shipping them And that if he might have the attendance of the West-Admirall he would finde on the Sea for the safeguard of it betweene this and Michaelmas next ten great ships and ten Barges armed in which besides Marriners necessary he would finde at least 500 fighting men for the said terme In the Parliament of 15 R. 3. Num. 15. It is to be remembred that the Commons
Councell for the warre by whose warrant under five of their hands at least all the moneys they granted were to be issued and exported for and towards the uses expressed in the Act to such person or persons as the said Councell of warre should direct and that both those Treasurers and this Councell of warre and all other persons trusted with the receiving issuing bestowing and imploying of those moneys or any part thereof their heires executors and administrators should be answerable and accomptable for their doings and proceedings therein to the Commons in Parliament when they shall be thereunto required by Warrant under the hand of the Speaker of the House of Commons for the time being and thereby they and every of them according to their severall places and imployments shall give a true and ready declaration and account of their severall respective dealings doings and proceeding therein and that the said Commons in Parliament shall have power by this Act to heare and determine the said account and all things thereto appertaining And withall they in this Act prescribe a speciall oath to the Treasurers Not to issue out any moneys without the Warrant of the Councell of war under their hands And another oath to the Councell of warre To make no Warrant for any moneys issued which are given by this Act but for some of those ends which are expressed therein and that to the best of their meanes they should imploy the said moneys accordingly and that freely without requiring any reward or allowance whatsoever Which presidents with others forementioned made His Majesty return this Answer to the Petition of the Lords and Commons touching the Articles delivered February 2. 1641. For the securing you from all dangers or jealousies of any His Majesty will be content to put in all the places both of FORTS and MILITIA in the severall Counties such persons as both Houses of Parliament shall either approve or recommend unto Him so that you declare before unto His Majesty the names of the persons whom you approve or recommend unlesse such persons shall be named against whom He shall have just and unquestionable exception And thus much by way of supplement touching the Militia Concerning the Parliaments interest and right in electing and removing the Officers of the realme and the Kings meniall servants I shall onely adde these Precedents to the forementioned In the Parliament rolls 4 E. 3. Num. 1. Foure Bishops foure Earles and foure Barons were assigned to the King without whose consent or of foure of them no great businesse was to be transacted 14 E. 3. Num. 36. in the Parliament rolls The Parliament agreeth that the Duke of Cornwall be Custos of England during the Kings absence in the warres of France In the Parliament rolls of 1 R. 2. Num. 18. 19. The Commons requested first that it would please the King to ordaine and nominate to them now in this present Parliament some sufficient persons of divers estates to be continually resident of his counsell for the affaires of the King and of the realme and to have the Officers of the King of such persons who best knew and would and might most diligently travell for the redresse of the foresaid mischiefes and the good government and salvation of the realme so that the Commons may be clearely ascertained of the names of those Counsellors which shall be disbursers and orders of that which they shall grant for the warres and thereby to have greater encouragement to doe to our Lord the King that which they have in charge concerning him as if aforesaid Also that it would please them to ordaine and nominate in this Parliament the persons which shall be about or have the custody of the person of our Lord the King himselfe who is of such tender age and that those persons shall be of the most vertuous honestest and sufficientest of the Realm so that our said Lord who is a person sacred and anointed be nobly governed and brought up in good vertues and manners to the pleasure of God whereby all the Realme may be secured and amended and that it be likewise ordained that our Lord the King and his house be governed with good moderation and defray his expences onely out of the revenues of the Realme and other rights and seigniories of his Crowne And that all that which shall be granted to our Lord the King in maintenance of his wars shall be applied and expended in the warres and no part thereof otherwise in aid and discharge of his said commonaltie In the Parliament of 11. Richard 2. Num. 23. The Commons pray That no person of what state or condition he be should meddle with any manner of governance about the person of our Lord the King nor with the businesses of the Realm nor yet to councell our Lord the King but those Lords which are assigned and ordained in this present Parliament if it be not by ordinance of the continuall Councell and by assent of our Lord the King upon grievous paine And the same Lords which shall bee about the person of our Lord the King and of his Councell shall cause to remove all the persons which they think fit to remove in the houshold of our Lord the King without shewing favour to any and to put others in their places whom they shall think sufficient and vertuous And that the said Lords of the Councell be charged to keep and sustain the estate of our Lord the King in ' its regalty and to doe and use that which may turne to the honour and profit of our Lord the King and of his Realme to their power according to the form of the Oath contained in a Schedule made in this present Parliament annexed hereunto to the intent that it may be notoriously known thorowout all the Realme that good and sufficient Councell is about the person of our Lord the King to the comfort of all his Commons and firme assurance and establishment of the Realme aforesaid the which Oath was made in forme ensuing You shall swear That you will not assent nor yet suffer as much as in you lieth That any Judgement Statute or Ordinance made or given in this present Parliament be any way annulled reversed or repealed in any time to come and moreover That you shall keep the good Laws and usages of the Realme afore these times made and used and shall firmely keep and cause to be kept good peace quiet and tranquillity in the Realme according to your power without disturbing them in any manner So helpe me God and his Saints The Answer As to the first point of this Article the King wils it And as to the second point If there be any Lord of the Councell or other Lord of the Realme which will informe the King That he hath any person about him not sufficient nor honest he wils that it being proved he shall be outed and removed and another sufficient by his advice put in his place In
b. Fiftly it is undeniable that the Knights Citizens Burgesses and Commons in Parliament elected by the suffrages of the severall Counties Cities and Burroughs of England do really and legally represent all the Commons and the Lords and they the whole Realm and all the people of England so that what ever Tax is imposed and assented to by them or by both Houses onely without the King who represents no man but Himselfe alone is in point of Law imposed and assented to by all the Commons and whole Realm of England as the recitals in all our Statutes and Law-bookes resolve though the King assent not to it If therefore as our Law-books clearely resolve without dispute and the experience of all Corporations Parishes and Mannors evidenceth past contradiction all Ordinances and Bylaws made for the common good of Corporations Parishioners Tenants of a Mannor and the like by all or the greater part of the Corporations Parishioners Tenants and Taxes imposed by them for the Common good as repairing of Churches High-waies Bridges reliefe of the poore and the like shall binde the rest even in point of Law without the Kings assent Then by the same or better reason the impositions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament representing the whole Commons and Realme of England who actually assent likewise to these Taxes and Assessements in and by them must and ought in point of Law to oblige all the Subjects in this case of necessity at least as long as the Parliament continues sitting and this their representation of them remains entire especially being for the necessary defence of the Parliament Kingdome Religion all our lives estates liberties lawes against an invading Army of Papists and Malignants in a case of extraordinary extremity This I shall further cleare by some ancient and late judgements in point Mich. 14 Ed. 2. rot 60. in the Kings Bench William Heyborne brought an Action of Trespasse against William Keylow for entering his house and breaking his chests and taking away 70 pounds in money the Defendant pleading Nor guilty the Jury found a speciall Verdict that the Scots having entred the Bishopricke of Durham with an Army and making great burning and spoyles thereupon the Commonalty of Durham whereof the Plantiffe was one met together at Durham and agreed to send some to compound with them for a certaine summe of money to depart the Country and were all sworne to performe what compositions should be made and to performe what Ordinance they should make in that behalfe and that thereupon they compounded with the Scots for 1600 Markes But because that was to be paid immediately they all consented that William Keylow the Defendant and others should goe into every mans house to search what ready money was there and to take it for the raising of that summe and that it should be suddenly repaid by the Communalty of Durham And that thereupon the Defendant did enter into the Plaintiffs house and broke open the chest and tooke the seventy pounds which was paid accordingly towards that composition And upon a Writ of Error in the Kings Bench it was adjudged for the Defendant against the Plaintiffe that the action did not lie because he himselfe had agreed to this Ordinance and was sworne to performe it and that the Defendant did nothing but what he assented to by Oath and therefore is accounted to doe nothing but by his consent as a servant to him and the Commonalty of Durham therefore he was no trespasser Which case was agreed for good Law by all the Judges in the late Case of Ship-money argued in the Exchequor Chamber though neither King nor Parliament consented to this Taxe or Composition This is the Parliaments present case in effect The King having raised an Army of Papists Delinquents Forraigners Irish Rebels disaffected Persons and actually invading the Kingdom and Parliament with it Hereupon the Parliament were inforced to raise an Army to defend themselves and the Realm against these Invasions For maintenance whereof they at first made use onely of voluntary contributions and supplies proceeding onely from the liberality of some private persons best affected to the publike service Which being xehausted The Lords and Commons considering what a solâ—mne Covenant and Protestation themselves had made and taken and the Subjects likewise throwout the Realm to maintain and defend as farre as lawfully they might WITH THEIR LIVES POWER AND ESTATES The true Reformed Protestant Religion c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT And every person that maketh this Protestation in whatsoever he shall do in the lawfull pursuance of the samâ— c. as in the Protestation made by both Houses consents when fullest And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament for the necessary defence of the Realm the Subjects Parliaments Priviledges Rights and the Reformed Religion all actually invaded endangered by an Ordinance of both Houses without the Kings consent then absent from and in open hostilitie against them impose a generall Assessement upon all the Subjects NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES And for non-payment prescribe a distresse c. Why this Assessement in this case of necessitie being thus made by assent of both Houses and so of all the Kingdom in them in pursuance of this Protestation should not as legally yea more justly oâ—lige every particular subject though the King assented not thereto as well as that agreement of the men of Durham did oblige them even in point of Law Justice Conscience transcends my capacitie to apprehend and if the first Case be Law as all the Judges then and of late affirmed the latter questionlesse must be much more Legall and without exceptions M. 32. and 33. Eliz. in the Kings Bench in the Chamberlain of Londons case it was adjudged That an Ordinance made by the Common Councell of London only that all Clothes should be brought to Blackwell-hall to be there veiwed searcheâ— and measured before they were sold and that a penny should be paid for every Cloth for the Officer that did the same and that six shillings eight pence should be forfeited for every Cloth not brought thither and searched was good to binde all within the Citie and that an Action of Debt would lye at the Common Law both for the duty and forfeiture because it was for the publike benefit of the City and Common-Wealth M. 38. Eliz. in the Common-Pleas it was adjudged in Clerks Case That an Ordinance made by assert of the Burgesses of Saint Albanes whereof the Plaintiffe was one for assessing of a certain summe of Money upon every Inhabitant for the erecting of Courts there the Term being then adjourned thither from London by reason of the Plague with a pâ—nalty to beâ—lâ—â—yed by distresse for non-payment of this Tax
in Parliament out of Parliament His imposing of Taxes and Contributions in all Countries where His Forces are beyond mens estates and annuall revenues His burning sacking pillaging murdering ruining of His own Kingdom Subjects both by Sea and Land and putting them out of His regall Protection His raising of an Army of English Irish Scottish French and Germane Papists to maintain and settle the Protestant Religion among us which they have plotted totally to extirpatâ— as appears by their proceedings in Ireland England and the late plot discovered among the Archbishops Papers and the like are warranted which questions I doubt would put them to a non-plus and silence them for eternitie yet to satisfie their importunitie and stop their clamorous mouthes I shall furnish them in brief with some Presidents in point in all States and Kingdoms of note in former in latter times and in our own Realm too In all the civill warres between Kings and Subjects in the Romane and Germane Empires France Spain Aragon Castile Hungary Bohemia Poland Denmark Scotland and other Kingdoms mentioned in the Appendix They shall finde that the generall Assemblies of these States Lords Commons without their Emperors or Kings assents did both raise Forces impose Taxes yea and seise on the Imperiall and Royall Revenues of the Crown to support their wars against their Tyrannicall oppressing Princes In Flaunders heretofore and the Low-Countries of late yeers thâ—y have constantly done the like as their Excises long since imposed and yet on foot by common consent without the King of Spains good liking to preserve their Liberties Religion Estates from the Spanish Tyranny witnesse which every one willingly at the very first imposition and ever since hath readâ—ly submitted to being for the publike preservation The like hath been done in former ages and within these five yeers in the Realm of Scotland the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England who have laid Taxes upon all Ireland and all the Romanists in England for the maintenance of this present Rebellion and yet neither King nor his Counsell nor Royallists nor Malignants for ought I can read or hear have ever so much as once written or spoken one syllable against it when as many large Declaration Proclamations Inhibitions in His Majesties Name and at least fortie severall Pamphlets have been published by Malignants against this Assessement of the Parliament and the Levying or paying thereof strictly prohibited under pain of high Treason such a grand difference is there now put by the Royall Court-partie to the amazement of all intelligent men between the Irish Rebels now the Kings best Subjects as it seems who may do what they please without censure or restraint and the English now un-Parliamented Parliament though perpetuated by an Act of Parliament who may do nothing for their own or the Kingdoms safety but it must be high Treason at the least O temporâ ô mores Quis 〈◊〉 fando temp ret a lachrymis Adde to this That the Lords Justices and Councell in Ireland the twenty nine of June 1643. have without authoritie of Parliament or King for their present necessary defence against the Popish Rebels there imposed an Excise upon most commodities in that Realm here lately Printed which no man can deem Illegall in this case of absolute necessitie But to come close home unto our selves who is there that knows ought in historie and policie but must needs acknowledge That the Brittains and Saxons warres of this Realm against their oppressing Kings Archigallo Emerian Vortigerne Sigebâ—rt Osred Ethelred Beornard Leowulfe Edwine whom they deposed for their Tyranny and mis-Government That our Barons long-lasting bloody warres against King John Henry the third Edward the second Richard the second and others fore-mentioned were maintained by publike Assessements and Contributions made by common consent even without a Parliament and with the Revenues and Rents of the very Crown which they seised on as well as the Castles and Forts This being a true rule in Law Qui sentit commodum sentire debet onus All the Kingdom had the benefit of regaining preserving establishing their Fundamentall Charters Laws Liberties by those warres therefore they deemed it just that all should bear a share in the charge and burthen by voluntary Assessements without King or Parliament During the absence of King Edward the third in France The Lords and Commons in Parliament for the defence of the Realm by Sea and Land against forraign Enemies granted an ayde of the ninth Sheaf Lamb and Fleece besides many thousand Sacks of Wooll and the ninth part of other mens Estates in Towns and Corporations and disposed both of the Money and Militia of the Realm for its defence as you heard before The like did they during the Minorities of King Henry the third King Richard the second and King Henry the sixth as the premises evidence without those Kings personall assents Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans and forraigners to ayd his Brother King Henry the third against the Barons thereupon the Barons sent out a fleet to encounter them by Sea and prepared a strong Army of Horse and Foot by Land that if they prevailed against them at Sea which they feared not yet they might valiantly and constantly entertain and repulse them on the shore and dry Land which the King of Romans being informed off disbanded his forces and came over privately with three Knights onely attending him This was done without the Kings assent and yet at publike charge When King Richard the first was takâ—n particular by the Emperour in his return from the holy Land by Authority of the Kings Mother and the Kings Justices alone without a Parliament it was decreed that the fourth part of all that yeers Rents and of all the moveables as well of the Clergy as of the Laity and all the Woolles of the Abbots of the Order of the Cistersians and of Semphringham and all the Gold and Silver Chalices and Treasure of all Churches should be paid in toward the freeing and ransome of the King which was done accordingly If such a taxe might be imposed by the Queen Mother and Justices onely without a Parliament for ransoming the King alone from imprisonment may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King for the defence and perservation both of the Parliament and Kingdom to when hostily invaded by the King In few words the King and his Councell yea his very Commanders without his speciall Commission or advice have in many Countries imposed large monethly weekly Contributions and Assessements on the People beyond their abilities and estates yea upon the very Speaker and Members of the Commons and Lords House notwithstanding their Priviledges of Parliament which they say
reign by the Statutes of 33. El. c. 1. Sâ—paratist◠〈…〉 39. El. c. 5. Râ—gues are to be banished and in Calice heretofore a woman might be justly banished the Town for adultâ—ry and a scould at this day after three convictions is to be banished out of Westminster and rowed ovâ—r the Thames from thence thorough the water at the tayl of a Boat for the quiet of the City Then much more may any private seditious turbulent Malignants â—e justly restrained to some safe places where they may do no harme till the warres and troubles be ended or themselves reâ—laimed Fifthly By the Common and Statute Law of the Realm yea by Magna Charta it self cap. 30. the Lands Rents Goods and Persons of Priors and other aliens Merchants or others residing in England may be and have been usually seized or and sâ—cured or else their persons banished the Realm and borders of England during the warres with others of that Nation lâ—ast they should assist them in the warres with their Estates persons or intelligences or betray the Kingdom or plâ—ces where they resided to the Enemy And upon this ground by the expresse Statutes of 2. H. 4. cap. 12. 20. 1. H. 4. cap. 7 8. 3. H. 5. cap. 3. 4. H. 5. cap. 6. 1. H. 6. cap. 3. the Irish Brittains Welshmen and Scots because we had frequent warre with them were not permitted to purchase either Houses or Lands or to remain in any Fort Town or City neer the Borders of Scotland or Wâ—lâ—s but banished thence and their Goods and persons seised on in times of warre to prevent treachery intelligence and assistance of the Enemy A thing generally practised and warranted in all States and Kingdoms as well as in England by the very Law of Nations as just and necessaâ—y in times of warres as Martinus Laudensis de Râ—praesaliis de Bello Henricus Ranzovius his Commentarius Bellicuâ— Geâ—rgius Obbrectus Disput Juridca de Bellâ— Henriâ—us Bocâ—rus de Jure Prâ—gnae Hungâ— Grotius Albericus Gentilis in their Books de Jure Belli and all Historians evidence Therefore lawfull for the Parliament to practise at this present as well as the King or any others Sixthly In times of Forraign Invasions the Parliament hath enjoyned all Inhabitants neer the Sea-coasts or Marches of Scotland and Wales to repair to their Houses and Lands there with all their Families for the defence and safâ—tie of the Realm under pain of imprisonment and confiscation of their Goods and Revenues there and elsewhere as is evident by 13. E. 3. nu 21. Parl. 1. and Parl. 2. n. 20. 23. Eliz. â—4 the Statutes confining Papists to their Houses and sundry other Presidents Theâ—efore by like reason they may confine Malignants in times of warre for the publike peace and safetie and disarme them to for a time a Constables may by the Law disarme and imprison peace-breakers fray-makers riotors and others to prevent bloodshed quarrels and preserve the publike peace Thirdly For the plundering of Malignants and sequestring their Estates I answer that I think the Parliament never yet approved the plundering or in plain English robbing of any man by any of their forces they having plundered no places taken by assault for ought I hear though the Kings forces on the contrary have miserably plundered all the Kingdom almost except the Papists who are most exempted from this rapine and some few chief Malignants yea those very Persons Souldiers Cities Towns which by their very Articles of surrender were not to be plundered witnesse Taunton Bridgewater Bristol Gainsborow where many have been pillaged to their naked skins notwithstanding their Ariticles of agreement solemnely sworn to depart quietly with bag and baggage without interruption and the Towns to be free from plunder contraty to the very Law of warre and Arms which may instruct all others not to trust them henceforth If any of the Parliaments forces have misbehaved themselves in plundering any Malignants or disaffected persons more then by seifing of their Arms distraining their Goods for imposed Assessements or sequestring their Plate Moneyes Estates for the publike service upon promise of repayment and restitution I know the Houses have publikely by expresse Ordinances inhibited disavowed the fact and exposed the disorderly Delinquents to condigne punishments even to the losse of their lives if any please to prosecute them by way of inditement or Martiall Law For my part I abhorre all violence plunder rapine and disorders in Souldiers as contrary to the Law of God Obadiah 10. to 16. Luke 3. 14. and leave those who are guiltie of them to the severest publike justice as offenders against the Law of Nature of Nations of the Land yea of Warre it self But God forbid the Parliament should be unjustly charged with all the misdemeanours of their Souldiers which they prohibit detest censure more then the King with all the barbarous rapes murthers cruelties rapines and monstrous insolencies which his Cavaliers every where perpetrate without punishment or restraint especially the blood-thirsty Irish Popish Rebels among them who having shed so much English Protestants blood in Ireland ere they came over hither of which they vaunt is such an high dishonour to God and the English Nation if their own blood be not shed for it by the hand of vengeance here that I wonder with what face or spirit His Majestie or any English Protestant can patiently suffer these Irish Rebels to shed any more Protestant English bloud breath in English ayre who have cut the throats of so many thousand innocent English both here and elsewhere and are like to cut all our throats ere long as they have designed unlesse their throats be first cut by us But yet for the plundering of such Malignants goods and houses who are opposite to the whole Kingdom and Parliament and will not joyn with them in the common cause which concerns us all as it hath sundry patterns in the Barons Warres against the Poictovines and their faction in Henry the third his raign and afterwards against the Spensers in Edward the second dayes formerly touched so it hath one observeable generall resolution of the whole body of the Lords and Commons warranting it in King Johns raign even then when they all took up Armes to enforce him to confirm the great Charter it self which our Opposites cry out to be violated by the Parliaments moderate seisures onely by way of distresse or sequestration For the Barons Knights and Commons with their whole Army being mâ—t tâ—gether in London which joyned with them to gain this Charter from the King sent from thence Letters to all the Earls Barons and Knights throughout England who seemed though but fainedly to adhere to the King exhorting them with this Commination That as they loved the indemnitie of their Goods and possessions thâ—y should dâ—sert a perjured King and adhearing faithfully to them should with them inviolâ—bly stand and effectually contend for the Liberties and Peace of the
Kingdom which if they contemned to do thy would with force of Arms and Banners disslayed MARCH AGAINST THEM AS PUBLIKE ENEMIES SUBVERT THEIR CASTLES BURN THEIR HOUSES AND EDIFICES AND NOT CEASE TO DESTROY THEIR PONDS PARKES AND ORCHARDS Whereupon all the Lords Knights and People dâ—serting the King who had scarce seven Knights in all left with him confederated themselves to the Barons in the Common Cause wherein to be a Neuter was to be an enemy and no member of the politicke body in which all were equally engaged Whereupon the King thus deserted by all condescended speedily to their demands and confirmed the great Charter much against his will A very apt President for these times which would make the people more unanimous faithfull and couragious for the Common Cause if but imitated in the commination onely though never put into actuall execution he being unworthy once to enjoy any priviledge of a free-born Subject in the Kingdom who will not joyn with the Parliament and Kingdom to defend his Libertie and the Kingdoms priviledges in which he hath as great a common share as those who stand pay and fight most for them It is a good Cause of disfranchising any man out of any Citie Corporation or Company and to deprive him of the Priviledges of them if he refuse to contribute towards the common support defence or maintenance of them or joyn in open hostilitie contributions or suites against them There is the same and greater reason of the generall Citie and Corporation of the whole Realm to which we are all most engaged and therefore those who refuse to contribute towards the defence and preservation of it if able or by their persons purses intelligence or counsell give any assistance to the common enemy against it deserve to be disfranchised out of it to have no priviledge or protection by it and to be proceeded against as utter enemies to it Christs rule being here most true He that is not with me is against me and he that gathereth not with me scattereth abroad The Common-wealth of which we are members hath by way of originall contract for mutuall assistance and defence seconded by the late Protestation and Covenant a greater interest in our Persons and Estates then we our selves or the King and if we refuse to ayd the republike of which we are members in times of common danger with our Persons Abilities Goods or assist the common enemy with either of them we thereby betray our trust and fidelitie violate our Covenants to the Republike and expose our bodies to restraint our estates to consiscation for this most unnaturall treachery and sordid nigguardlinesse as well as for Treason Fellony or other more petty injuries against the State or humane societie made capitall by the Laws most justly for the publike service of the State which hath a generall Soveraign Interest in them in all times of need paramount our private Rights which must alwayes submit to the publike and lose all our formerly enjoyed Priviledges either of Laws Liberties or free-born Subjects if we refuse to defend or endeavour to betray them as the Laws and common practise of all Nations evidence In the Barons warres against King John Henry the third and Edward the second in defence of their Liberties and Laws they seised upon the Castles Forts and Revenues of the Crown and upon the Moneyes and Goods of the Priors aliens and malignant Poictovines which they imployed in the Kingdoms service Eodem tempore Castellanus de Dovera Richardus de Gray vir fidelis strenuus qui ex parte Baronum ibidem constituebatur omnes transeuntes transituros diligenter considerabat cuncta prudâ—nter perscrutando invenit NON MODICUM THESAURUM paratum dictis Pictaviensibus clanculo deferendum qui TOTUS CAPTUS EST IN CASTRO RESERUANDUS Similiter Londini apud novum Templum THESAURUS MAXIMUS de cujus quantitate audientes mirabantur quem reposureunt Pictavienses memorati licet contradicentes reniterenter Hospitelarii CAPTUS est AD ARBITRIUM REGIS ET BARONUM IN UTILES REGNI USUS UTILITER EXPONENDUS writes Rishanger the continuer of Matthew Paris a good President for the present times After which the Barons banished all the Poictovine Malignants who miscounselled and adhered to the King out of England Anno 1260 who Anno 1261. were all baâ—ished out of London and other Cities and Forts An. 1234. The Earl Marshall having routed John of Monmouth his forces which assisted King Henry the third against the Barons in Wales he wasted all the said Johns Villages and Edifices and all things that were his with sword and fire and so of a rich man made him poor and indigent In the very Christmas holy-dayes there was a grievous warre kindled against the King and his evill Counsellors For Richard Suard conjoyning other Exiles to him entred the Lands of Richard Earl of Cornwall the Kings brother lying not farre from Behull and burned them together with the Houses and the Corne the Oxen in the Ox-stalls the Horses in the Stables the Sheep in the Sheep-cots they likewise burned Segrave the native soyl of Stephen Justiciar of England with very sumptuous Houses Oxen and Corne and likewise brought away many horses of great price returning thence with spoils and other things They likewise burned down a certain village of the Bishop of Winchesters not farre from thence and took away the spoils with other things there found But the foresaid Warriers had constituted this laudable generall rule among themselves that they would do no harme to any one nor hurt any one BUT THE WICKED COUNSELLERS OF THE KING by whom they were banished and those things that were theirs they burnt with fire extirpating their Woods Orchards and such like by the very Roots This they did then de facto de Jure I dare not approve it though in Cases of Attaint and Felony the very Common Law to terrifie others gives sentence against perjured Juries Traytors and Felons in some Cases that their houses shall be raced to the ground their Woods Parkes Orchards Ponds cut down and destroyed their Meadowes and Pastures plowed up and defaced though not so great Enemies to the State as evill Counsellors Anno 1264. the forty eight yeers of Henry the third his raign The King keeping his Christmas with the Queen Richard King of Romans and many others at London Simon Montford the Captain of the Barons at the same time preyed upon the Goods of these who adheared to the King and especially those of the Queens retinue brought by her into England whom they called Aliens Among others some of the Barons forces took Peter a Burgundian Bishop of Hereford in his Cathedrall Church and led him prisoner to the Castle of Ordeley and divided his treasure between themselves and took divers others of the Kings partie prisoners Who thereupon fearing least he should be besieged in the Tower by the Barons army by
even for the subjects themselves also to take them out of the way But if the Prince be an absolute Soveraigne as are the true Monarchs of France c. where the Kings themselves have the soveraignty without all doubt or question not divided with their subjects in this case it is not lawfull for any one of their subjects in particular or all of them in generall to attempt any thing either by way of fact or justice against the honour life or dignity of the Soveraigne albeit hee had committed all the wickednesse impiety and cruelty that could be spoken so Bodin By whose words it is cleare that the ancient kings of France were inferiour in Jurisdiction to their whole kingdomes and Parliaments yea censurable by them to deposition or death Yet that their kings of late are growne absolute Monarchs above their kingdomes Nobles Parliaments and so not responsible to nor punishable by them for the grossest misdemeanours But if this their absolute Monarchy be onely an usurpation as many conceive it not of right by their Parliaments and kingdomes free grants and consents they are still in truth of no greater Authority nor no more exempted from iust censures then their predecessours Now it is clear that in ancient times the 3. Estates and great Councell of France assembled in Parliament and their twelve Peeres or kings as Fabian termes them were the highest power and judicature from which there was no appeale that the Kings of France could make no binding Lawes but by their Authority though now of late they doe what they please and that they have judged the differences between the Crownes of England and France as I have formerly proved and exercised the same or as great authority as the Parliament of England hath done which authority it hath lost by certaine degrees To give a few more instances to cleare this truth Pharamond the first King of the Franks that Reigned in France An. 420. was elected King by the unanimous vote and consent of all the people and by their advice and consent in his Raign the Salique Law was made to Regulate the discent of the Crowne that no women should be heires to it or claime it by discent which Law continues of force untill this day as all the French historians generally accord who make frequent mention of it though our English have much oppugned it as you may read in Hall and Speed Childericus the fourth King of France about the yeare 460. giving himselfe to all vice and cruelty in such extreame wise that hee became obible to his subjects perceiving the murmur of the people and fearing his sudden destruction by the counsell of Guynemeus fled out of his kingdome to Beseigne king of Thuringes Whereupon the French-men with one assent chose Gyll a Roman for their King and governour who laying grieveous Taxes upon his Subjects by the fraudulent counsel of Guynemeus a fast friend to Childericus and using sharp execution upon some of the Nobles so farre discontented his subjects that by the helpe of Guynemeus they deposed and chased him into Soysons and sending for Childerious againe restored and made him King after whose death his sonne Clodovius was by the people ordained and authorised for King of France between whose foure sonnes it was afterwards divided After the death of Chilpericus Clotharius being very young Gunthranus king of Orleans his uncle with the assent of the Nobles of the Realme was made his Tutor who comming to age hee offered to referre the differences between Sigebert and himselfe touching Austracy to which both laid claime to an Assembly of the Lords of that Kingdome and condemned Queen Brunicheild by the unanimous consent of the Lords to bee tyed by the haire of her head to a wilde horse taile and so to be drawed while shee was dead for her many murthers and criminous deeds which was accordingly executed King Dagobert exercised such tyranny and iniustice in pillaging his commons by Exactions and Tributes that those who dwelled in the out parts of the Realme neere the Turkes and other strange Nations chose rather to put themselves under their government than under the Rule of their owne naturall prince Poytiers rebelled against him his Lords murmured so much against him that Pipin and Martain two of his great Lords and agents to save his Crown dissuaded him from his ill counsells whence a little before his death calling a great counsell of his Lords Spirituall and Temporall hee made his will and setled his Kingdome by their advice dividing it between his two sonnes Theodoricus king of France giving himself to sloath and idlenesse committed the government of the Realme to Ebroyn Mr. of his Palace who did what he liked and vexed and troubled the Subjects grievously wherefore by assent the Lords assembled them and by authority deprived the King of all Dignity and closed him in a Monastery during the residue of his life when he had borne the name of a King without executing of the art thereunto belonging three yeares the cruell Ebroyn they exiled to Luxenbourgh during life making Childericus brother to Thesdericus King Ann. 669. who oppressing his subjects grievously and using the Lawes of his progenitors after his pleasure and uniustly causing a Noble-man called Belin to bee tyed to a stake and beaten to death without guilt or Treaspasse Hereupon the Lords and Commons fearing like punishment without deserving murmured and conspired against him and slew him and his wife then great with Childe as they were hunting in a wood After which they restored Theodericus whom they had deposed to his former dignity under whom Ebroyn getting into place and favour againe used such Tyrannie towards the Nobles and People that Pipin and Martaine raised a great army against him lest he should destroy the Commom-weale gave him battell and at last Hermefreditus slew him After which Pipin was made Master of the Palace in his place K. Daegobert the second dying without any Issue or knowne Heire at all one Daniel after named Chilpericke a Priest was by the Lords and peoples generall assent chosen King of France Anno 721. for that by their former experience of him they deemed him apt for the rule of the Land After whose death Theodoricus sonne to Dagobert secretly fostered among Nunnes within Nunneries in womans cloathing was espied and admitted for King During most of the forenamed Kings the grand Master of the Palace swayed the Kingdome at his pleasure and executed the Office of the Kings who had nothing but the bare name of Kings and were subject to this grand Officer Whereupon Theodoricus dying Childericus his sonne being a Sott and for his dulnesse unfit to governe Charles Martell Master of the Palace who swayed all things in Theodoricus raigne deceasing his two sons Charlemaine and Pipin by the advice of the Nobles of the Land considering the insufficiency of the King to rule so great a charge
put him under good and convenient guiding and of assent they chose Eudo a man of great fame and worth to be King of the Land for the terme of his life and to guide the Land till Charles should come to his lawfull age whom they put under Eudo his tuition making him King in his stead who was crowned of Walter then Archbishop of Senys After which when Eudo knew he should dye he called before him the Lords and Nobles of France charging them by solemne Oath that after his death they should immediately crowne Charles for their King whom he had brought up with diligence in learning and all Princely vertues being then of age to governe Charles comming to the Crowne the Danes miserably walled his Kingdomes Whereupon his Nobles and people assembled themselves in sundry companies and went to the King shewing their misery and blaming his fearfulnesse and negligence that he no more for him resisted the Danes cruelty Whereupon he out of feare belike lest they should chuse another King to protect them compounded with Rollo chiefe Commander of the Danes giving him all Normandy and his owne Daughter in Marriage to purchase peace Charles being afterwards slaine by Hebert Earl of Vermendoyes Algina his wife mistrusting the Frenchmen fled secretly with her young sonne Lewes Heire to the Crowne to Edward the Elder into England Whereupon that the Land might not be without a Ruler the Lords of France assembled at Paris and there tooke Councell to elect a new King where after long debate they named and crowned Raulfe sonne to Richard Duke of Burgundy King as next Heire to the Crown but young Lewes Raulfe dying after he had reigned 12 yeares the Nobles hearing that Lewes was alive in England sent for him into France and crowned him their King Lewes the 6. dying without issue being the last King of Pipens blood who enjoyed the Crowne 10. discents Hugh Capet usurped the Crowne putting by Charles Duke of Loraigne Vncle and next heire to Lewes whom by the Treason of the Bishop of Laon he took prisoner After which the Crowne continued in this Hugh and his Heires Philip the 2. of France by a counsell of his Prelates was excommunicated for refusing to take Ingebert his wife whom he unlawfully put from him and to renounce Mary whom he had married in her stead And calling a Parliament they concluded that King Iohn of England should be summoned to appeare as the French Kings Liege-man at another Parliament to be holden at Paris within 15. dayes after Easter to answer to such questions as there should be proposed to him for the Dutchy of Normandy and the County of Angeou and Poytiers who not appearing at the day Philip hereupon invaded and seized them After which Lewes the 9. and Henry the 3. of England in a parliament at Paris made a finall composition for these Lands Lewes the 10. being under age was thought of many unsufficient to govern the Realm and when he had a mind to goe to the holy Warre as it was then deemed he did not undertake it but by the advice of his great Councell of Spirituall and Temporall Lords and persons who assisted him therein Philip the 4. in the 27. yeare of his Raigne raised a great Taxe throughout France which before that time was never heard nor spoken of by his absolute Prerogative without consent of his Estates in Parliament which had the sole power of imposing Taxes Which Taxe all Normandy Picardy and Champaigne allying themselves together utterly refused to pay which other Countries hearing of tooke the same opinion so that a great rumour and murmur was raised throughout the Realme of France in such wayes that the King for pacifying the people was faine to repeale the said Taxe Lewes 11. of France dying without issue male left his Queen great with child whereupon Philip his Brother reigned as Regent of France till the childe was borne which proved a male named Iohn who dying soone after Philip was crowned King at Paris albeit that the Duke of Burgoyn and others withstood his Coronation and would have preferred the Daughter of King Lewes But other of the Lords and Nobles of France would not agree that a woman should inherit so great a Kingdome it being contrary to the Salique law This Philip by advise of evill counsell set a great Taxe upon his Commons to the Fifth part of their movable goods at which they murmured and grudged wondrous sore and before it was levied hee fell into a Feaâ—â—r Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxe Charles the fifth of France having a purpose to drive all the English cut of Aquitaine and other parts of his Kingdome and being provided of all things which he thought needfull for the doing of it yet would not undertake the warre without the counsell and good liking of the Nobility and people whose helpe he was to use therein Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice and by their wisdome to amend what had by himselfe not altogether so wisely been done and considered of And this warre being at last decreed by the Councell prospered in his hand and tooke good successe Whereas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Councell then they contemne and set them at naught or else fearfully and negligently do the command of their Princes of which contempt of Lawes Magistrates and seditious speeches ensue among the people and so at length most dangerous rebellion or else open conspiracy against the Prince as Bodin observes This Charles dying without Issue Maie leaving his Wife great with Childe Philip Earle ofValoyes his Nephew was by the Barons and Lords made Protector and Regent of the Realme of France untill such time as the Queene was delivered who being brought to bed of a Daughter onely hereupon Philip was crowned King Betweene him and King Edward the third of England and their Councells arose great disputations for the Right and Title to the Crowne of France for it was thought and strongly argued by the Councell of England for so much as King Edward was sonne and sole Heire to his Mother Queene Isabel daughter to King Philip le Beaw that he should rather be King of France then Philip de Valoyes that was but Cousin German to Philip le Beaw Of which disputations the finall resolution of the Lords and Parliament was That for an old Decree and Law by Authority of Parliament long before made which the English much oppugned that no woman should inherite the Crowne of France therefore the Title of Edward by might of the Frenchmen was put by and Philip by an Act of the whole French State by which his right was acknowledged admitted to the Government of the same After
misleading the Commonalty of the City said That albeit the King by his Prerogative might at his pleasure and for his advantage make his monies when he would and so to suffer them to be currant thorow his Realme yet for the weale and ease of his Subjects considering their manifold and late charges he was content that at this season this new money should be spared and that the 3. estates should be againe assembled and that they should deprive all such persons then bearing Offices as they should thinke prejudiciall to the Realme and â—ver that to ordaine such Money as might be beneficiall for the Land Of all which Grants the Provost to the intent that he might of authority shew them unto the Commonalty of the Citie desired a writing The which the Duke to appease the people though it were much contrary to his minde and his pleasure granted unto his request The thirtieth day of Ianuary ensuing the Duke at the request of the said Provost sent certaine Officers to the houses of Simon de Burg and others accused of misgoverning of the Realme whose houses the said Officers seized and made Inventories of their goods That done the Duke sent out Commissions and assembled the Three Estates againe at Paris the 15. day of February Where in the parliament chamber in the presence of the Duke Estates and divers Nobles Robert Coke Bishop of Laon by command of the Duke made a long Oration of the misguiding the King and the Land by meanes of evill Officers as well by changing of money as other many unlawfull Excises and Taxes to the great impoverishment of the Commonalty of the Realme and to the singular enriching and advancement of the said Officers Wherefore the Three Estates prayed that all such Officers may be removed from their Offices and other that shall be thought more beneficiall for the King and his Realme to be admitted Of which Officers the Archbishop of Roan then newly made Cardinall was noted for one and other to the number of 21. whereof some were right neere to the Duke After which Oration Sir Iohn de Pigquine in the name of the Three Estates offered That the Three Estates should finde to the King 30000. men for an whole yeare so as all things might after that day be ordered as the Bishop had before devised All which Articles were unto them by the Duke granted and incontinuently all such Officers as they before had named were clearly avoided and other such as by the said 3. Estates were thought most necessary were put and chosen to their roomes except that some of the old as Masters of Accounts and some of the Presidents and Masters of the Requests were holden in for a time to shew unto the new how they should order and guide their said Offices And the 26 of March was a new money proclaimed thorow Paris such as the said 3. Estates had newly devised The King informed of this sends the Archbishop of Sennes and two Earles from Burdeaux where he was prisoner with a Proclamation which they caused to be proclaimed in Paris the 6. of April That the people should not pay such Subsidies as the 3. Estates had ordained for the waging of the 30000. men aforesaid or for the Kings fine and also that the 3. Estates after that day should no more assemble for any causes or matter before touched till they had farther knowledge of the Kings pleasure For which Proclamation the Citizens of Paris much blamed the said Bishop and Earles who purchased it who as soone as this Proclamation was made for feare of the people fled from Paris Vpon this Proclamation the Commons waxed so mad that they left their occupations drew them to Conventicles and Companies and used many unfitting words of the King and his Counsell Whereupon to avoid inconvenience the Duke commanded a Watch to be kept in the City day and night and certaine Gates of the City to bee kept shut Vpon the 9. day of April another Proclamation was made all contrary to that other By vertue whereof it was charged that the fore-said Subsidies should bee levyed and also that the 3. Estates should re-assemble at Paris the 5. day after Easter and there to proceed upon all such matters as were before by them begar When the Estates meet againe there grew a difference between them and the Duke about the subsidies for the finding of 30000. men the summe assessed for that purpose being too small by much the Clergy and Lords then refusing to pay any more then they were first sessed unto By meanes of which difference the assembly of State was dissolved Whereupon strait command was given by the Duke to the Provost of Paris and others who bare principall sway within the City and were great stricklers and doers in the Assemblies of the 3. Estates so that much of the businesse was ruled by them and their meanes that they should cease their Authority and not to deale any more with the rule of the Realme but onely with the good rule and government of the City of Paris That done the Duke rode about to divers good Townes making request to them for ayde and to have this new money currant among them But he sped little of his purpose Then shortly after he assembled at Paris certaine person of 20. or 30. Townes next adjoyning with whom he held a Counsell for sundry dayes who in the end shewed him that they might bring nothing to effect without the assembling the 3. states besought him that they might be eft-soon assembled trusting that they would then satisfie his minde Upon which the Duke sent forth Commissions charging the said 3. Estates to appeare before him at Paris the next Wednesday after All-Saints day which they did where the Duke condiscending to their former Articles he gave the King of Navarre and the 3. Estates full content who promised that they would demeane themselves to his Father and him as true and dutifull Subjects and advising him to take upon him the Government of the Realme they created him Regent of France during his fathers imprisonment After this hee assembled the Estates and chiefe Burgesses of Cities at Paris and acquainted them with the King of Englands large demands for his fathers inlargement which were so displeasing to all the company that they answered The said Treatie was neither honourable nor profitable And rather then the King should binde him and his land to such inconveniences they would prepare to make sharpe Warre against England whereupon they granted to finde divers thousands of men at Arms at their owne costs for certain moneths to relieve the King And at another Parliament assembled when Iohn was dead and Charles came to the Crowne they granted an excise of every 4 penny of all things bought and sold for the maintenance of his warres the spiritualty granted him a disme and the Lords and Gentlemen were stinted at a certaine And in the eleventh yeare of his reigne he assembled his
great Councell of Parliament at Paris where among many Acts made for the weale of the Realme he with the assent of the Lords and Commons there assembled enacted for a Law after that day to be continued That all Heires of the Crowne of France their fathert being dead may be crownned as Kings of France so soone as they attained to the age of fourteene years And in the fifteenth yeare of his reigne the Duke of Flanders granted to those of Gaunt such Articles of agreement for the confirmation of their liberties the repealing of illegall taxes the electing of their owne Officers the Dukes Councellours and the like which you may read in Fabian as plainly manifest this whole Dukedome and people to be of greater jurisdiction then himselfe though invested with regall authoritie and that he had no power to impose any taxes on them without their grant and consent the contrary whereof caused many bloudy warres among them Charles the seventh after Fabians account but sixt after the French History a Childe of thirteene yeares by reason of the difference between the Lords who should be Vicegerent was by the advice of the major part of the Lords for the common good of the Realme Crowned at Raynes within the age of fourteen yeares contrary to a Law made in the eleventh yeare of his Father In the fourth yeare of his reigne the Citizens of Paris murmuring and grudging for divers impositions and taxes unduely leavied upon them suddenly arose in great multitudes intending to have distressed some of the kings Houshold Whereupon soone after the Kings Councell considering the weaknesse of the Treasure and his great charges and needs and assembling a Parliament of the Rulers of Paris Roan and other good Townes exhorted them to grant the King in way of Subsidy twelve pence in the pound of all such Wares at that day currant for the defence of the Realme and subjects To the which request after consultation taken it was answered That the people were so charged in times past that they might not beare any more charges till their necessity were otherwise relived and so the King and his Councell at this time were disappointed In his seventh yeare by the Duke of Angeau his procuring a tax was laid upon the Commons of France without the three Estates Which to bring to effect many friends and promoters were made as well of Citizens as others Whereupon the Commons of Paris and Roan became wilde assembled in great companies chose them Captains and kept watch day and night as if enemies had been about the Citie utterly refusing to pay that Tax This Charles being none of the wisest Prince ruled by his houshold servants and beleeving every light Tale brought unto him marching against the Duke of Brittaine as he came neare a wood was suddenly met of a man like a Beggar which said unto him Whither goest thou Sir King beware thou goe no further for thou art betrayed and into the hands of thine enemies thine owne Army shall deliver thee With this monition the King was astonied and stood still and began to muse In which study one of his followers that bare his Speare sleeping on Horsback let his Spear fall on his fellowes Helmet with which stroke the King was suddenly feared thinking his enemy had come unawares upon him wherefore in anger he drew his sword slew foure of his owne Kinghts ere he refrained and took therewith such a deadly fear as he fell forthwith distracted and so continued a long season being near at the point of death VVhereupon his brother Lewes of Orleans being but young the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders wherefore his two Vncles the Dukes of Berry and Burgaine BY AVTHORITY OF THE STATES OF THE LAND specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season it being ordered by a speciall Law that they should abstain from the name of Regent unfit in this sudden accident the King being alive and of years And because the Duke of Berry had but an ill name to be covetous and violent and was therefore ill beloved of the French his younger brother Philip Duke of Burgoyn had the chiefe charge imposed on him and though the Title was common to both yet the effect of the author tie was proper to him alone who changed divers Officers After which the Duke of Orleance was made Regent being the Kings younger brother who pressing the people with quotidian taxes and tallages and the spirituall men with dismes and other exactions he was at length discharged of that dignitie and the Duke of Burgoyne put in that authoritie After this our King Henry the fift gaining a great part of France and pretending a good title to the Crowne recited at large by Hall and Iohn Speed the Frenchmen to settle a peace made this agreement with King Henry That he should marry Katharine the French Kings daughter and be admitted Regent of France and have the whole government and rule of the Realme during Charles his life who should be King of France and take the profits of the Crowne whilest he lived and that after the death of Charles the Crowne of France with all rights belonging to the same should remaine to King Henry and to his Heires Kings That the Lords spirituall and temporall and the Heads and Rulers of Cities Castles and Townes should make Oath to King Henry to be obedient to his lawfull commands concerning the said Regency and after the death of Charles to become his true subjects and liegemen That Charles should in all his writing name King Henry his most dearest sonne Henry King of England and inheritour of the Crowne of France That no imposition or tax should be put upon the Commons of France but to the necessary defence and weale of the Realme and that by the advice of both Councels of the Realmes of England and France such stablished Ordinances might be devised that when the said Realme of France should fall to the said Henry or his Heires that it might with such unity joyne with the Realme of England that one King might rule both Kingdomes as one Monarch reserved alwayes to either Realme all Rights Liberties Franchises and Lawes so that neither Realme should be subject unto other c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France But Charles dying his sonne Charles the eight was by some part of France and many Lords reputed and knowledged King but not crowned whiles the Duke or Bedford lived and remained Regent our Henry the sixth both in Paris and many other cities being allowed for king of France After his death his sonne Lewes the eleventh 〈◊〉 Fabian accounts by strength of friends was crowned king of France who refused the counsell and company of his Lords and drew unto him as
demands and offers it was finally determined That the Dutchy of Normandy was so appropriated unto the King of France and to his heires that in no 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 annuall 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 with all shame brought to the Market place at Paris and there bereft of both his ears and then banished the Court for ever by reason whereof arose this proverbe among the Frenchmen Principibus obsequi haereditarium non esse The favour of Princes is not hereditary Philip de Commines living under Lewes the eleventh and Charles the eighth by whom he was made Lord of Argenton being in high favour with them and a great Councellor of State hath this notable passage against the French Kings power then to impose any taxes on their Subjects without their free assents in a Parliament of the 3. Estates though the contrary be now daily practised to the intollerable grievance of the subjects Is there any King or Prince that hath power to leavie one penny upon his subjects besides his demains without leave or consent of those that must pay it unlesse it be by tyrannie and violence A man will say that sometime a Prince cannot tarry to assemble his Estates because it would require too long time Whereunto I answere That if he move a Warre offensive there needeth no such haste for he may have leisure enough at his owne pleasure to make preparation and further he shall be much stronger and much more feared of his enemies when he moveth warre with the consent of his subjects then otherwise Now as touching a warre defensive that Cloud is seene long before the tempost fall especially when it is a forraine warre and in this case good subjects ought not to complaine nor to refuse any thing that is laid upon them Notwithstanding such invasion cannot happen so suddenly but the Prince may have leisure at the least to call together certaine wise personages to whom he may open the causes of the warre using no collusion therein neither seeking to maintaine a trifling warre upon no necessitie thereby to have some colour to leavie money Money is also necessary in time of peace to fortifie the Frontiers for defence of those that dwell upon them lest they be taken unprovided but this must be done measurably In all these matters the wisdome of a sage king sufficeth for if he be a just Prince he knoweth what he may do and not do both by Gods Lawes and mans To be short in my opinion of all the Seniories in the world that I know the Realme of England is the Countrey where the Commonwealth is best governed the people least oppressed and the fewest buildings and houses destroyed in civill warre and alwayes the lot of misfortune falleth upon them that be authors of this warre Our King is the Prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what he listeth upon his subjects considering that neither he nor any other Prince hath power so to doe and those that say he hath do him no honour neither make him to be esteemed any whit the mightier Prince thereby but cause him to be hated and feared of his neighbours who for nothing would live under such a government But if our King or those that seeke to magnifie and extoll him should say I have so faithfull and obedient subjects that they deny me nothing I demand and I am more feared better obeyed and better served of my subjects than any other Prince living they endure patiently whatsoever I lay upon them and soonest forget all charges past This me thinkes yea I am sure were greater honour to the King then to say I leavie what I list and have priviledge so to doe which I will stoutly maintaine King Charles the fift used no such termes neither did I ever heare such language proceed from any king but from divers of their servants who thought they did their Master great service in uttering such speeches but in mine opinion they misbehaved themselves towards their Prince and used such language partly because they would seeme to be good servants and partly because they knew what they said But for a manifest proofe of the French mens loyaltie and obedience to their Prince we need alledge none other example then that we have seene ourselves of late by experience when the Three Estates were assembled at Towrs after the death of our Master King Lewes the eleventh which was in the yeare of our Lord 1483. A man might have thought this good assembly to be dangerous for the kings estate yea and divers there were of mean calling and lesse honesty that said then and often said since That it is Treason to make mention of assembling the Estates and a thing tending to the diminishing of the Kings authoritie but themselves are those that worke Treason against God the king and the Common-wealth neither doe any use these speeches but either such as are in authoritie without desert and unworthy thereof or such as are common Tale-carriers and accustomed to talke of trifling matters or such as feare great assemblies lest their doings should there be ripped up and reprehended c. Charles the eighth of France beeing but thirteene yeares of age when the Crowne descended to him hereupon in the year 1484. a generall Parliament was held at Towrs with more free accesse then had beene usuall yet not so effectuall as was expected every one seeking rather to maintaine his private authoritie then to procure the peoples ease In this Parliament the pragmatick sanction was restored to use it as they had accustomed The Constables sword was given to the Duke of Bourgon the government of the Kings person to his Sister a cunning woman and somewhat of her fathers humour but the name of Regent was forbidden to them all to prevent jealousies and there was a Counsell enacted of Twelve by whom matters should be dispatched in the kings name of the
and terms of the Oath And not being able to agree of themselves both parties submitted to the judgement of king Philip Augustus and of his Court of Parliament furnished with Peeres So that by order given at Melum in Iuly 1204. the form of the said Oath was prescribed and registred in the Parliament Register at request of the said parties and sent unto Otho to render it to the said Pope Innocent who sent this assurance and Certificate to the said Parliament for Registring it being performed Innocentius Episcopus servus servorum Dei charissimo filio nostro Philippo Francorum Regi charissimo salutem Apostolicam benedictionem absque dubitatione noveritis quod secundum formam a vobis Curiae Regni vestri paribus praescriptam habetur apud nos jusjurandum charissimi Filii nostri Othonis Romanorum Regis illustris aurea Bulla munitum nobis Ecclesiae praestitum Ego Otho Romanorum Rex semper Augustus tibi Domino meo Innocentio Papae Ecclesiae Romanae spondeo polliceor juro quod omnes possessiones honores jura Romanae Ecclesiae proposse meo bona fide protegam ipsam ad eas retinendas bona fide juvabo Quas autem nondum recuperavit adjutor ero ad recuperandum recuperatarum secundum posse meum ero fine fraude defensor quaecunque and manus meas devenient sine difficultate restituere procurabo Ad hanc autem pertinent tota terra quae est de Radicafano usque ad Ceperanum Exarcatus Ravennae Pentapolis Marchiae Ducatus Spoletanus terra Conitissae Mathildis Comitatus Bricenorij cum alijs adjacentibus terris expressis in multis privilegijs Imperatorum à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI Has omnes pro posse meo restituam quietè dimittam cum omne jurisdictione districtu honore suo Veruntamen cum adrecipiendam Coronam Imperij vel pro necessitatibus Ecclesiae Romanae ab Apostolica sede vocatus accessero demandato summi Pontificis ab illis terris praestationes accipiam Praetereâ— adjutor ero ad retinendum defendendum Ecclesiae Romanae REGMVM SICILIAE Tibi etiam Domino meo Innocentio Papae Successoribus tuis omnem obedientiam honorificentiam exhibeo quam devoti Catholiâ—â— Imperatores consueverunt Sedi Apostolicae exhibere Stabo etiam ad consilium arbitrium tuum de bonis consuetudinibus populo Romano servandis exhibendis de negotio Tusciae Lombardiae Et si propter negotium meum Romanam Ecclesiam oportuerit inâ—urrere guerram subeniam ei sicut necessitas postulaverit in expensis Omnia vero praedicta tam juramento quam scripto firmaho cum Imperâ—â— Coronam adeptus fuero Actum Aquis-Grant Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto mense Marcij Regni nostri septimo William Rishanger Monk in the Abbey of Saint Albane in England continuer or the History of Matthew Parts observeth under the year 1263. that the king of England Henry the third and the Barons of England who made warreupon him committed their whole difference and quarrell to be judged by the Parliament of France Vt pax reformaretur inter Regem Angliae Barones ventum est adistud ut Rex proceres se submitterent ordinationi Parliamenti Regis Francâ—ae in the time of Saint Lewis in praemissis provisionibus Oxoniae Nec non pro depraedationibus damnis utrobique illatis Igitur in crastino S. Vincentij congregato Ambianis populo pene innumerabili Rex Franciae Ludovicus coram Episcopis Comitibus alijsque Francorum proceribus solemniter dixit sententiam pro Rege Angliae contra Barones statutis Oxoniae provisionibus ordinationibus ac obligationibus penitus annullatis Hoc excepto quod antiquae Chartae Joannis Regis Angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare In this Parliament at Amiens were present the King of England Henry the third Queen Elenor his wife Boniface Archbishop of Canterbury Peter Bishop of Hereford and Iohn Maunsell and on the Barons of Englands side a very great number of choice elected Lords who the same year repasted back into England after the Parliament as the same Monk speaketh Thus Favino in the behalfe of the French Parliaments concerning whose power and priviledges you may read much more in him and others But to returne to the former History The Queen Mother was much discontented with this Remonstrance of the Parliament pretending that they had an intent to call her Regency in question which all had commended that they could not speak of the Government of the affaires of the Realm without touching her c. Whereupon she commanded the Chancellour to give them this answer in the kings name That France was a Monarchy wherein the king alone commanded helding his Realm Soveraignly from God That he had Lawes and Ordinances by which to governe them for the which he was not to give an account to any man That it did not belong unto the Parliament to controll his Government That they neither could nor ought to complain of the Queens Regenâ—â— which had been so happy That the Queen was not to give an account of her Regency but to God onely That no man could prescribe unto the King what Councellers he should entertain c. with many other such bigge words After which there was a Decree made in the Councell of State against the Decree and Remonstrance in Parliament disanulling and revoking them as void and forbidding the Parliament hereafter to meddle with affairs of State The Court of Parliament in generall complained much of this Decree the kings learned Councell refuse to carry or cause it to be read in Parliament because it would cause an alteration of the good affections and devotions of the Kings good subjects and the dis-union of the greatest companies of the Realme who administer justice which makes kings to Reigne After which this controversie was compremised and the Decree of the Councell against the Parliament suspended and not enrolled Soon after the prince of Conde with divers others seeing all things disordered at Court and little or no reformation of their former grievances desert Paris expressesse their grievances in sundry letters and Articles of complaint wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three Estates of the Decree and proceedings against the Iurisdiction Remonstrance and proceedings of the Parliament of Paris Of suffering some Councellors of State to usurpe all the power of the Kingdom to pervert the Lawes and change all things as they list with sundry other particulars In these they intreat and exhort all men of what condition or quality soever that call themselves Frenchmen to assist and ayde them in SO IVST A CAVSE conjuring all Princes and forraign Estates to do the like and not to suffer such good and loyall subjects to
be supprest by such a conspiracie Vpon this the king and Q. Mother through advise of these ill Counsellors raise an Army declare these Princes and Nobles Rebels and Traitors if they submit not by a day whereupon they Arm raise Forces in their own the publikes defence and being at Noyon concluded That as their Armes were levyed for the maintenance of the Crown so they should be maintained by it to the which end they seized on the kings Rents and Revenues in sundry places Mean while the Protestants being assembled in a generall Synod at Grenoble Marsh Desdiguires makes an Oration to them to disswade them from opposing the mariage with Spain wherein he hath this memorable passage to justifie the lawfulnesse of a necessary defensive war for the preservation of Religion and Liberties We have leisure to see the storme come and to prepare for our own preservation Finally having continued constant in our Duties if they seek to deprive us of our Religion and to take that from us wherein our libertie and safetie depends purchased by the blood of our Fathers and our own and granted unto us by that great King Henry the fourth the restorer of France we shall enter into this comerce full of justice and true zeale finde againe in our breasts the courage and vertue of our Ancestors We shall be supported IN OVR JVST DEFENCE by all good Frenchmen assisted by all Princes and Estates which love the true Religion or the good of this State and in a word we shall be favoured of the blessings of God whereof we have hitherto had good experience in our Arms and which will be to the glory of his Name and the spirituall advancement of our Churches After which the Duke of Rhoan and Protestants in defence of their Religion and Liberties joyn with the Princes and Nobles At last both sides came to Articles of agreement made at Luudun Anno 1616. whereof these were a parcell That the grievances of the generall State should be speedily answered That Soveraign Courts should be preserved in their authority and the Remonstrances of the Parliament and Peers considered of That such as had been put from their Offices should be restored That all moneys they had taken out of the kings Revenues should be discharged All Edicts of pacification granted to them of the Reformed Religion observed The prince of Conde and all those of either Religion who had assisted him in this war held for the Kings good and loyall subjects all illegall Imposts removed and all prisoners taken on either side set at liberty Anno 1617. the King and Queene Mother seizing upon the Prince of Conde his person and sending him to the Bastile upon false pretences of disloyaltie and treason caused new insurrections warres and tumults and the Princes hereupon meeting at Soyssons resolved to make open war to seize on the Kings Revenues and to fortifie those Towns and Castles which they held in their Government which they executed and withall set forth a Remonstrance of their grievances unto the king complaining especially against the Marshall of Ancre and his Wife with their adheronts who were the causes of all their miseries who having drawn unto himselfe the whole administration of the Realme made himselfe master of the Kings Councels Armies and Forts thereby supprest the lawfull libertie and Remonstrances of the Parliament caused the chief Officers to be imprisoned and was the cause of the violence done to the Prince of â—onde first Prince of the Blood To the end therefore that they might not be reproached to have been so little affected to his Majestie so ungratefull to their Countrey and so unfaithfull to themselves and their posterity as to hold their peace seeing the prodigious favour and power of this stranger they beseech his Majestie to provide by convenient means for the disorders of the Estate and to cause the Treaty of Loudun to be observed and to call unto his Councels the Princes of the Blood with other Princes Dukes Peers ancient Officers of the Crowne and Councellors of State whom the deceased King had imployed during his reigne Withall they publish a solemne Declaration and Protestation for the restoring of the Kings authority and preservation of the Realme against the conspiracie and tyrannie of the Marshall of Ancre and his adherents Who finding no safetie in the settling of justice resolved to make triall of his power by violating the publike faith thereby to plunge the Realme into new combustions conspiring to destroy the princes of the blood of Peers and chiefe Officers of the Crowne and to oppresse them altogether with the State who might be an obstacle to his ambitious designes To which end he raised false accusations against them as if they meant to attempt the Kings and Queen Mothers persons and caused the King to go in person to his Court of Parliament to publish a Declaration whereby they were declared guilty of Treason though at last being better informed he declared them to be his good Subjects and caused De Ancre to be suddenly slain in the Louure and his Wife to be legally condemned and executed Vpon which the new Councellors and Officers advanced by him were removed the old restored the Princes reconciled to the King and by him declared for his good and loyall subjects Vpon which followed a generall assembly of the Estates wherein divers grievances were propounded and some redressed the King therein craving their advice for the setling and ordering of his Privie Councell Anno 1620. there happen differences between the King and Queen Mother who fortified Towns and raised an Army against the king at last they came to an agreement and were reconciled The two following years were spent in bloody civill warres betweene the King and those of the Religion who avowed their defensive warres lawfull which at last concluded in peace that lasted not long but brake out into new flames of war by reason of the great Cardinall Richelieu who of late years proved the greatest Tyrant and Oppressour that France ever bred reducing both Nobles Gentlemen and Peasants into absolute slavery and vassallage to make the King an absolute Monarch of France and himselfe both Pope and Monarch of the world But he lately dying by the of Divine Iustice of filthy Vicers and Diseases and the King since being some say poysoned by the Iesuites who murthered his two immediate Predecessors wise men conjecture the French will now at last revive and regain their ancient just hereditary freedom rights Liberties and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years and almost brought to utter desolation I have the longer insisted on these Histories of the Kings and Kingdom of Frances which clearly demonstrate the Realm Parliament and three Estates of France to be the Soveraigne Power in that Kingdom in some sort paramount their kings them selves who are no absolute Monarchs nor exempted from the Laws jurisdiction restraints censures
of their Kingdom and Estates assembled as some falsly averre they are because our Royalists and Court Doctors parallell England with France making both of them absolute Monarchies and our greatest malignant Councellors chiefe Designe hath been to reduce the Government of England to the late modell and new arbitrary proceedings of France which how pernicious they have proved to that unfortunate Realm what infinite distructive civill warres and combustions they have produced and to what unhappy tragicall deaths they have brought divers of their Kings Princes Nobles and thousands of their people the premisses other Storyes will so far discover as to cause all prudent Kings and Statesmen to steer the Helme of our own and other Kingdoms by a more safe steddy and fortunate compasse Thus I have done with France and shall recompence any prolixity in it with greater brevity in other Kingdoms when I have overpassed Spain From France I shall next steer my course to the Kingdomes and Kings of Spaine whom Iacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado 1602. professedly under takes to prove to be of greater dignity and to have the Precedency of the Kings and Kingdoms of France which Cassanaeus and all French Advocates peremptorily deny The first Kings of Spain over-run by the Goths and Wisigoths are those their Writers call the Gothish Kings who as Michael Ritius de Regibus Hispaniae L. 1 2. Iohannis Mariana de rebus Hispaniae L. 2 3. the Generall History of Spain and othes affirme were elected by and had their authority from the people You may reade their lives and successions at large in these Authors and finde some of there dis-inherited and deposed by their subjects others of them in ward during their minorities to such as the State appointed others murdered but all of them subject to the Lawes of their Realms as it is evident by the expresse ancient Law of the Wisigoths having this Title Quod tam Regia potestas quam populorum universitas Legum reverentiae sit subjecta by other lawes thereto annexed by Iohannis Mariana De Rege Regis institutione L. 1. c. 9. Those whom they properly call Kings of Spain had their royall authority derived to them conferred on them by the people upon this occasion Spain being a Provincesubject to the Roman Empire was spoyled over-runne and possessed by the barbarous Moors for many years in which time the Spanyards oft solicited the Roman Emperours for ayde to expell the Moors but could gain none Whereupon to free themselves and their Countrey from slavery they chose one Pelagius for their Captain by whose valour they conquered the Moors and thereupon by unanimous consent Elected and Crowned Pelagius King of Oviedo whom the Spanish Writers mention as the first King of Spain And this their desertion by the Emperours the Spanish Writers generally hold and g Iacobus Valdesius proves it largely to be a sufficient lawfull ground for the Spanyards even by the generall law of Nations to cast off their subjection to the Roman Empire and to elect a King erect a Kingdom of their own exempt from all subjection to the Emperor since they purchased their own libertie and Countrey from the Gothes by conquest of themselves alone without any aide or assistance from the Roman Emperours to whom for this reason they hold themselves and their Kingdom no wayes subject yet for all this they deem their Kings inferiour to their whole Kingdoms and censurable yea deposable by them as is cleer by the forecited passage of the Bishop of Burgen Ambassadour to the King of Spain in the Councell of Basill and by Johannis Mariana the Jesuites Book de Rege Regis Institution dedicated to Philip the third King of Spain printed at Madrit in Spain by this Kings own speciall priviledge Dated at Madrit January 25. 1599. and after this reprinted at Mentz in Germany Anno 1605. Cum privilegio sacrae Caesariae Majestatis to wit of the Emperour Radulph the second permissu Superiorum who certainly would not thus specially approve authorize this Book for the Presse had it maintained any Positions contrary to the Laws or derogatory to the Prerogative Royall of the Crownes and Kingdoms of Spain though other States cannot so well digest it In this very Book the Authour who hath likewise written a large History of the affaires and Kings of Spain professedly maintains in a speciall Chapter wherein he debates this Question Whether the power of the Republike or King be greater That the whole Kingdom State and People in every lawfull Kingdom and in Spain it selfe are of greater power and authority then the King His reasons which I have for brevity digested into number in his own words are these First because all Royall Power that is lawfull hath its originall from the People by whose grant the first Kings in every Republike were placed in their Royall Authoritie which they circumscribed with certain laws and sanctions lest it should too much exalt it selfe to the distruction of the Subjects and degenerate into a Tyrannie This appears in the Lacedaemonians long since who committed onely the care of Warre and procuration of holy things to the King as Aristotle Writes Also by a later example of the Aragonians in Spain who being incited with an earnest endeavour of defending their libertie and not ignorant how the hights of Libertie are much diminished from small beginnings created a middle Magistrate like the Tribunall power commonly called at this time Aragoniae Iustitia the Justice of Aragon who armed with the lawes authoritie and endeavours of the people hath hitherto held the Royall Power included within certain bounds and it was specially given to the Nobles that there might be no collusion if at any time having communicated their counsell among themselves they should keep assemblies without the Kings privity to defend their Lawes and Liberties In these Nations and those who are like them no man will doubt but that the authoritie of the Republike is greater then the Kings Secondly because in other Provinces where the people have lesser and the Kings more power and all grant the King to be the Rector and supream Head of the Commonwealth and to have supream authoritie in managing things in times of warre or peace yet there the whole Commonwealth and those who represent it being chosen out of all Estates and meeting together in one place or Parliament are of greater power to command and deny than the King which is proved by experience in Spain where the King can impose no Taxes nor enact no Laws if the people dissent or approve them not Yea let the King use art propound rewards to the Citizens sometimes speak by threats to draw others to consent to him solicite with words hopes and promises which whether it may be well done we dispute not yet if they shall resist their judgement shall be
certain dangers many things are effected by triall which seemed difficult to slothfull men I know not what stupidity hath seized on many whom neither glory moves nor the infamy of the wretchednesse thinking it great liberty enough if they be freed from scourges I suppose the Popes ears will not be so averse to our affairs that he will not be moved with our most just prayers and the equity of the cause Let some now be sent who may boldly defend the cause of our liberty before him and teach him that the Germans demand unjust things Mine opinion is that the liberty gained by our Ancestors is to be defended with arms against the attempts of all men and with this my sword I will maintain THAT THEY ARE MOST WICKED TRAITORS TO THEIR COVNTREY who out of a simulation of a fond Religion or shew of preposterous caution shall give contrary advice neither shall resolve that servitude is to be repudiated with greater care by us then domination is affected by them So farre forth as every one shall addict himself to the liberty of his Countrey so far shall I be a friend unto him or a deadly enemy This opinion of Roderic prevailed in pursuit whereof they raise an army of ten thousand men whereof he was made Generall they send Ambassadours to the Pope and Councill whereof Roderic was chief and upon a full hearing of the cause before Rupert Cardinall of Saint Sabria the Popes Legat at Tholouse judgement was pronounced for the liberty of Spain and it was decreed That the German Emperors should from thenceforth have no power nor jurisdiction over the Kings of Spain which was afterwards confirmed by the customes of the people the consent of other Nations the publike resolution and judgement of Lawyers as Iacobus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large The Generall History of Spain records that the Councill of Florence resolved that seeing the Kings of Spain had defended and conquered their Realms by Arms without any ayd from the Emperours they were free and exempt from all subjection and acknowledgement to the Emperors whereof we may read the Glosse upon the Chapter Adrianus Pâ—pa distinct 63. The like priviledge have the Kings of France the State of Venice the Kings of England and some others Which clearly demonstrates the Soveraign power of Kingdoms and Nations even over their Kings and Princes and that they may justly defend themselves and Elect other Princes when they are deserted or destroyed by them Anno 1083. Sacho Ramires king of Aragon to supply the charges of his wars against the Moors was sometimes forced to use the revenues of his Clergy his Treasure being not able to furnish so great a charge but the Bishops of his Countrey who affected nothing more but to enrich their own Order and State opposed themselves against him and afflicted him in such sort as putting him in a vain fear that he was damned for this cause They made him do Penance in the Church of Roda before Saint Vincents Altar in the presence and at the pnrsuite of Raymund Dolmare Bishop of that place the Bishop of Jarca and others and to confesse publikely that he had grieâ—ously offended Thus these good Fathers publikely insulted over their Soveraigne Anno 1091. king Alphonso granted this priviledge among other to Toledo That the City of Toledo might never be alienated from the Crown nor given upon any Title whatsoever to man woman or child Anno 1076. Sancho King of Navarre was slain in battell by his brother Raymond thinking to reigne after him but the Navarroyes expelled him out of their confines disdaining that he should raigne over them who had embrued his hands in his kingly brothers blood and sending to Sancho Ramires 4. king of Aragon called him to raigne over them because their slain kings sonnes were too young to raigne and protect them from their enemies by which meanes the kingdomes of Arragon and Navarre were united Veracha Queen of Castile a most lascivious open Adultresse by her unchast life so faâ—re provoked her husband Alphonso that he was divorced from her made warre against her and confined her After which she still continuing in her lewdnesse the Nobility and States of Castile and Leon revolt from her take armes against her depose her from the Crowne and elect and crown her sonne Alphonso the 8. king An. 1122. allowing her onely a pension to support her life Alphonso King of Arragon by his last Will and Testament most solemnly ratified for the expiation of his sins gave divers crown Lands Tenements Revenues and Legacies to Religious houses and persons An. 1132. but being prejudiciall to the Crown his Will after his death was held void and not put in execution he being slain by the Moores An. 1134. the States of Arragon elected one Peter Tares for their King who growing exceeding proud of his new dignity began to despise the Nobles and abrogate the Lawes and customes of the Country And the Nobles being assembled at a general Assembly of the States going to visit him he comanded his Porter to shut them out saying that Mounsieur was busie about matters of great importance but they understood afterwards that the great affairs causing him to exclude his friends were his Barbar was trimming him which so incensed the Nobles and great men that the next day they held their generall Assembly of the Estates without the King where they first of all decreed to depose their new king because being â—n honour he had no understanding of himselfe and because they found he would grow more proud and insolent afterwards whereupon expelling Peter the Estates assembling at Boria elected Ramier a Monke brother to king Alphonso for their King who was much deriued of his Nobles for his Monkish simplicity and at last turned Monk againe But those of Navarre thinking a Monk to be better acquainted with the matters of a Monastery then how to govern a Kingdome and being jealous that the Arragonoys by chusing a King of the blood Royall of Arragon would by this meanes aspire to the chief places of honour and favour in Court it was concluded that the Estates of Navarre should assemble at Pampelone where they chose Garcia Remires their King of Navarre and so the Realmes of Arragon and Navarre which had been united 58. yeers were seperated in these two Kings The Kingdomes of Spain being often before and since this time united and divided as the people and Realmes assented or dissented thereunto Not to mention the troubles of Castile by reason of the nonage of their king Alphonso the fourth of whose custody and tuition the assembly of the Estates disposed or how some Knights of Castile slew a Iew with whom this king was so enamoured that he forgot his new Spouse and almost lost his sences Anno 1179. king Alphonso assembled the Estates of Castile at Burgon to leavie a Taxe upon the
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 person 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 the long was elected by the Estates of Navarre to be their king in right of his wife but it was upon conditions drawn in writing which they tendered to him and the Queen to subscribe and sweare to before the solemnities of their Coronation in the Estates assembled at Pampelone which they yeelded willingly unto whereof the principall Articles were these 1. First to the Estates to maintain and keep the Rights Lawes Customes Liberties and priviledges of the Realme both written and not written whereof they were in possession to them and their successours for ever and not to diminish but rather augment them 2. That they should disannull all that had been done to the preiudice thereof by the kingâ— their Predecessors and by their Ministers without delay notwithstanding any Leâ— 3. That for the tearme of 12. yeares to come they should not coyne any money but such as was then currant within the Realme and that during their lives they should not coyne above one sort of money and that they should distribute part of the revenues profits and commodities of the Realme unto the Subiects 4. That they should not receive into their service above foure strangers but should imploy them of the Countrey 5. That the Forts and Garrison of the Realme should be given unto Gentlemen borne and dwelling in the Countrey and not to any stranger who should do homage to the Queen and promise for to hold them for her and for the lawfull Heire of the Countrey 6. That they should not exchange nor engage the Realme for any other Estate whatsoever 7. That they should not sell nor engage any of the Revenues of the Crowne neither should make any Law nor Statute against the Realme nor against them that should lawfully succeed therein 8. That to the first sonne which God should give them comming to the age of twenty yeares they should leave the kingdome free and without factions upon condition that the Estates should pay unto them for their expences an hundred thousand Sanchets or other French money equivalent 9. That if God gave them no children in that case they should leave the Realme after them free with the Forts in the hands of the Estates to invest them to whom of right it should belong 10. That if they infâ—inge these Articles or any part of them the Subiects should be quit of their Oath of subiection which they ought them These Articles being promised and sworne by the king and Queen they were solemnly crowned and the Deputies of the Estates Noblemen and Officers of the Crown took their obedience to them Vpon this agreement all the Castles and places of strength in Navarre were put into the hands of the Estates who committed them unto the custody of faithfull knights in whose keeping they continued a Catalogue of which Castles with the names of the knights that guarded them by the Estates appointment in the yeare 1335. you may read at large in the Generall History of Spaine Before this Anno 1328. the Estates of Navarre assembled at Puenta la Reyna to resolve without any respect TO WHOM THE REALM OF NAVARRE BELONGED whether to Edward king of England or to Iane Countesse of Eureux The Estates being adjourned to Pampalone the chief Town of the Realme their opinions were divers many holding that king Edward should have the Realm as Granchilde born of the daughter to Queen Iane daughter to King Henry rather then the Countesse of Eureux in regard of the Sex others with more reason held for the Countesse who was in the same degree but daughter to a Son and Heir to Queen Iane. These prevailed drawing the rest to their opinion whereupon the Countesse was declared true and lawfull Queen of Navarre the Realm having been vacant above four Moneths And untill that she and Count Philip her husband should come and take possession of the Realm they declared the Regent and Viceroy Don Iohn Corberan of Leet Standard bearer of the Realm and Iohn Martines of Medrado Lo here a Parliament of the Estates of Navarre summoned by themselves without a King determining the Right of succession to the Crown appointing a Vicegerent and prescribing such an Oath and Articles to their king as you heard before Anno 1331. king Philip of Navarre to administer justice erected a new Court of Parliament in Navarre which was called New to distinguish it from the old HE AND THE THREE ESTATES of the Realm NAMING MEN WORTHY OF THAT CHARGE Queen Iane and Philip deceasing their son Charles the second surnamed the Bad for his crueltie and ill manners was called by the three Estates of Navarre to Pampelone and there crowned in their Assembly after the manner of his Ancestors swearing to observe the Lawes and Liberties of the Country After which a far stricter Oath was administred to Charles the 3. An. 1390. Anno 1325. In a generall assembly of all the Estates of Arragon Don Pedro son to the Infant Don Alphonso was sworn presumptive Heir and Successor to the Crown after the decease of his Grandfather and Father the which was there decreed and practised for that Don Pedro Earl of Ribagorca did maintain that if his brother Don Alphonso should die before then Father the Realm did belong to him by right of propriery being the third brother rather then to his Nephew the son of the second brother In this Assembly the Articles of the generall priviledges were confirmed and it was ordained for a Law That no Freeman should be put to the Racke and that confiscations should not be allowed but in Cases of
enjoyed the Crowne till Aragon seased on the Realme Jone Queene of Naples married Andrew second sonne to Charles King of Hungary whom she hanged at her window for insufficiency after marrying Iames of Tarragou 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 other 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 Buchanan 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 〈◊〉 and evill administrations you may reade at large in George Bucanan King James his owne Tutor in his Booke De Iure Regni apud Scotos and his Rerum Scoticarum Historia Where this their Soveraigne power iâ— so largely vindicated debated demonstrated and the chiefe objections against it cleared so abundantly that I shall not adde one syllable to it but present you with some Historicall examples which confirme it Fergusius the first King of Scotland dying and leaving two sons infants unable to governe the Realme the Scots thereupon considering what dangers might befall them both at home and abroad during their infancy at last concluded after much debate and setled this for a standing law that when any King died leaving his son under age and unfit to governe the next of their kinred who should be esteemed fittest to raigne should enjoy the soveraigne power and that he being dead then the succession of the Crowne should returne to the children of the deceased King being of age to rule which Law continued constantly for many hundred yeeres untill the reigne of Kenreth the third By this Law Feritharis brother to Fergusius abtained the Crowne and reigned fifteene yeeres with much justice and modesty after which his Nephew Ferleg desiring to raigne demanded his Fathers Kingdome of his Uncle who being willing to resigne it to him called an assembly of the estates made an Oration in praise of Ferleg profered to resigne the Crowne unto him But such was all the assemblies love to Feritharis and hatred to Ferleg for this his preposterous affectation of the Crowne that they detested the act and denied the motion both with frownes and verball reprehentions Whereupon Ferleg conspired his Uncles death which being discovered they thought him worthy of death but for Fergusius his fathers sake his life was spared and he onely imprisoned after which making an escape he fled first to the Picts then to the Britous and in the meane time Feritharis dying by the treachery of Ferleg as was suspected Ferleg by the unanimus sentence of all was condemned and put from his Crowne being absent and his brother Mainus created King Dornadilla the fourth King of Scotland dying leaving Reuther his sonne under age and unfit to raigne the people made Notatus his brother King who playing the tyrant banishing murthering and oppressing the people Donald of Galloway raised an Army against him expostulated with him for his tyranny and wished him to resigne the Crown to Reuther which he refusing to do and justifying his tyranny hereupon Donald gave him battell slew him and made Reuther King without the peoples suffrages Upon which the Nobles being offended because the power of the Parliament was by this meanes abolished and the election of the supreame Magistrate made onely by one man tooke up Armes both against Ruther and Donald gave them battell twice in one day and tâ—oke Ruther their new King prisoner who afterwards dying and leaving There his sonne an infant scarce ten yeeres old they according to the Law formerly made and received in this case made his unkle Ruther King who after seventeene yeeres reigne voluntarily resigned his Crowne to his Nephew There in whose commendation he made an Oration the people hardly permitting it There soone after growing very vitious and flagitious slaying the Nobles and filling the Realme with robberies the Governours pittying the deploâ—able state of the Realme resolved to punish him for it of which he being informed fled to the Brittains where he spent his daies in contempt and ignominy not daring to returne Conan a prudent and discreet man being elected Viceroy in the meane time which office he held almost twelve yeeres till the death of There In the reigne of Finnan the tenth King of Scotland that the roots of tyranny might be cut off it was decreed That Kings should command nothing of greater moment to be dâ—re but by the authority of the publique Councell Durstus the eleventh King giving himselfe to all deboistnesse first banished his fathers friends from him as the troublesome reprehenders of his pleasures and sending for the most vitious young men to be his familiar companions gave himselfe wholly to luxury and venery He prostituted his wife daughter to the King of Britains to his companions and then banished her At last the Nobles conspiring against him he awaking as it were out cut of sleepe considering that he should finde no place of safety neither at home nor abroad being equally hated of strangers and subjects thought best to counterfeit repentance of his former life for so he might retaine both his Crowne and in time inflict punishments on his enemies Wherefore recalling his wife from exile he first of all endeavoured to reconcile himselfe to the Britains then calling the chiefest of his
people that partly out of revenge partly to prevent further oppressions and to provide for their owne securitie corrupting his servants with money they sent 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 space together trusting to the predictions of certaine wisards that he should neven 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 fight bp 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 Malcolme the fourth at a Parliament at Yorke parting with divers 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 wherein he parted with some of his ancient territories out of his pusilanimity against his Nobles consent hereupon he grew so odious and contemptible to them that they were all weary of his government and caused many to take up 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-regnum where first of all they appointed fix 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. Scottish 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 nightest 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 cōstituted 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 2 d. of Scotland when a peace was propounded between France England and Scotland by the Pope willingly consented thereunto but his Nobles being against it his assent alone was in 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 3 d. 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 safe 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 Coâ—ntry 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 James 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 tooke up Armes to destroy 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 Generall 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 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 contented 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 proclaimes him king Iuly 29. 1564. which done she excluded the Nobility from her Councells and was wholly advised by David Ritzius a Subaudian 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 besieged the Queen till she rendred her selfe prisoner upon this condition that she should adjure 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 Hamiltons 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 Leseux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Northfolke 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 solemnly 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 the 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 fully 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 obnoxious to the changes of times but of those ingraven in the mindes of men in the first originall of mankinde and approved by the mutuall consent well-nigh of all Nations which continue unbroken and sempiternall together with the Nature of things and being subject to the commands of no man domineere and rule over all men This law which in every action offers it selfe to our eyes and mindes and dwels in our brests will we nill we our Ancestors following were alwayes armed against violence and suppressed the unrulinesse of Tyrants Neither is this Law proper onely to the Scots but common to all well-ordered Nations and People as the Athenians Lacaedemonians Romanes Venetians Germanes Danes which he there manifests by examples So that I may hence infallibly determine the Realme Parliament and Nobles of Scotland collectively considered to be the Soveraigne power in that Realme superiour to the Kings themselves from whom I shall proceede to Scripture Presidents in the Kings and Kingdomes of the Gentiles Israel and Iudah recorded in Scripture The Kings of the Gentiles Israel and Iudah Now least any should object that all the forecited Examples and Authorities are but humane and no convincing evidences to satisfie the Conscience That whole Kingdoms States and Parliaments are above their kings and of greater power then they I shall therefore to close up this Posterne Gate of Evasion conclude with Scripture Presidents ratifying this truth beyond all contradiction To begin with Heathen kings and States therein recorded I read in the 1 Sam. 29. and 1 Chro. 12. 19. That when David with his men offered to go with Achish and the Philistines against King Saul his Soveraign and the Israelites to Battell and passed on in there reward with Achish the Princes of the Philistines seeing it said What do these Hebrews here To whom Achish answered Is not this David the servant of Saul King of Israel which hath been with me these years and I have found no fault in him since he fell unto me unto this day Hereupon the Princes of the Philistines were wroth with him and taking advice together said to their King Achish Make this fellow returne that he may goe again to his place which thou hast appointed him and let him not go down with us to Battell lest in the Battell he be an adversary to us for wherewith should he reconcile himself to his Master should it not be with the Heads of these men Is not this David of whom they sang one to another in dances saying Saul slew his thousands and David his ten thousands Then Achish called David and said unto him Surely as the â—ord liveth thou hast been upright and thy going out and coming in with me in the Host is right in my sight for I have not found evill in thee since the day of thy coming neverthelesse the Lords favour thee not wherefore now return and go in peace that thou displease not the Lords of the Philistines And when David replied What have I done c. that I may not fight against the Enemies of my Lord the King Achish answered him I know thou art good in my fight as an Angell of God notwithstanding the Princes of the Philistines have said HE SHALL NOT GOE VP WITH VS TO BATTELL wherefore rise up early in the morning with thy Masters servants that are come with thee and assoon as ye have light depart whereupon they returned Here we see the Lords of the Philistines did peremptorily overrule their king against his will who durst not contradict them therefore they had a Power superiour to his as will further appear by 1 Sam. 5. 7 8 9 10 11. and ch 6. 1 to 13. where when the Ark of God was taken by the Philistines the Lords and People of the Philistines not the King met consulted and ordered how it should be removed from place to place and at last sent it back again So Ahasuerus the great Persian Monarch was advised over-ruled by his Councell of State as appeareth by the case of Queen Vashti Ester 1. and what his Princes thought meet to be done that he decreed and proclaimed verse 19 20 21 22. So Artaxerxes king of Persia did all things of moment by the advise of his Counsellors and Princes Ezra 7. 28. and Chap. 8. 25. Great Nabuchadnezzar King of Babylon Dan 3. 2 3. 24. chap. 4. 32 to 36. was for his pride driven from men put to eat grasse with Oxen for aspace till he knew that the most High ruleth in the Kingdoms of men After which his understanding and reason returned to him and the glory of his Kingdom and his Councellors and Lords sought unto him and established him in his Kingdom he being over-ruled and counselled
then the King over the people which also appears in Vercingetorix who pleaded his cause before an assembly of the people In the Kingdoms of Spain especially in Valentia and Catteloigne of the Arragonians it is even thus for the Soveraignty of the Realme is in the Justice of Aragon as they call it therefore the great men who represent the people fear not to tell the King in direct terms both in his very Coronation it self and likewise every third year in the generall assembly of their Estates Tantum valemus nos quantum vos We are as powerfull as you but the Justice of Aragon is above us both who rules more than you Yea oftentimes what things the King hath asked what he hath injoyn'd the Iustice hath prohibited nay he never dares to impose any tribute without the authority of that Assembly In the Realms of England and Scotland the Supreme power is in the Parliament usually wont to be held almost every year Now they call a Parliament the Assembly of the Estates of the Realme where the Bishops Earls Barons Deputies of the Cities and Counties by common suffrage determine of the Republikes affairs whose authority is so sacred that what things soever it shall once establish it is unlawfull or a wicked act for the king to abrogate Likewise all the Officers of the Realme are wont to receive their Offices from that Assembly and those who ordinarily assist the King or Quéen in Councell In brief other Christian Kingdoms as Hungary Bohemia Denmarke Sweden and the rest have all their Officers of the Realm or Consuls of the Royall Empire who by their own Authority have sometimes used even to depose their Kings themselves as Histories teach or fresh memory sufficiently manifests Neither is there verily any cause that we should think the Royall Authority to be thereby deminished or that Kings should hereby suffer as it were a diminution of their heads Truly we deem not God the lesse potent for this because he cannot sin by himself nor his Empire more restrained because it cannot be ruined nor grow worse therefore not a King if that he who may offend by himself be sustained or kept from sinning by anothers help or if peradventure he had lost any Empire by his own negligence or fault that he may retain by anothers prudence What do you think any man lesse healthy because Phisitians sit round about him who dehort him from intemperance who interdict him the eating of hurtfull meats who likewise oft-times purge him against his will and resisting Or whether doest thou think those Phisitians who take care of his health or flatterers who obtrude the most unwholsome things to be more his friends Therefore this distinction is altogether necessary to be adhibited Some are friends of the King others of Caesar those are friends of Caesar who serve Caesar those friends of the King or Emperour who serve the Kingdom For since any one is called a King for the Kingdoms sake and the Kingdom consists in the people but the Kingdom being lost or decayed the King must altogether cease to be a King or at least be 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 canst by no means separate the Kingdom from the people nor the King from the Kingdom so neither the friends of the King from the friends of the Kingdom or people yea verily as those who 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 sooth 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
called Pretorian Consular Royall should be rendred safe from theeves plain and easie which charge even now lieth upon the kings Attorny that the publike Bridges should be repaired as appears out of the Constitution of Lewes the godly twelve over Seyne that Ships should be ready at hand to transport men over Rivers c. There were no Tributes of Saltpits yea most of them were in the Dominion of private men because what things nature did voluntarily give they thought ought no more to be sold then Light Ayre water And whereas a certain King named Lycurgus had begun to impose a Tax on Salt pits as if nature would not suffer her liberality to be restrained they are said to have been presently dried up although at this day If we beleeve Palphur or Armilot Whatever good or faire thing can be got Out of the Whole Sea in each Realme it flowes Some custome to the Kings Exchequer owes He who first instituted this custome at Rome was Livius Censor whence he obtained the surname of Salinator which he did for the most present necessity of the Commonwealth For that very cause truly King Philip obtained it onely for five yeares whose continuation what commotions it hath produced every man knoweth Finally that tributes were instituted to pay Souldiers wages in warres appeares even from this that to make a Province stipendary or tributary is the selfe-same thing indeed Thus Solomon imposed Tributes to fortifie Cities and to furnish a publike Armory which because they were finished the people under Rehoboam desired to be eased thereof Yea the Turkes themselves call the Tribute of Princes The sacred blood of the People which profusely to spend or to convert to any other use but to defend the people is a cursed act Therefore what things soever a King acquires in warres in every Nation because he gaines it by the common treasure he acquires it to the people not to himselfe as a factor doth to his Master Moreover if perchance he gaine any thing by marriage which I say is pure and simply his wives he is thought to acquire it to the Kingdome because he was presumed to marry that wife not as he is Philip or Charles but as he is King On the contrary as Queenes have part of those things which their husbands not yet coopted into the Kingdome have gained during the marriage so plainly they have no part of those things they get after they have obtained the Kingdome because they are reputed gained to the publike Treasures not to the private meanes of the King which was judged in the Realme of France between Philip Valoyes and Ioan of Burgundy his wife Now lest the monies should be extorted to some other use the Emperour sweares that he will impose no customes nor enjoyne no taxes but by the Authority of a publike Assembly The Kings of Poland Hungary Denmarke England doe the like out of the Lawes of Edward the first The French Kings heretofore demanded Tributes in the Assemblies of the three Estates Hence also is that Law of Philip Valoyes That impositions should not be imposed but upon great and urgent necessity and that by the consent of the Three Estates Moreover in times past those taxes were laid up in Castles throughout every Diocesse and delivered to selected men they even now call them Elected to be kept by whose hand the Soldiers enrolled in every Town should receive their wages which was also usually done in other Countries as in the Belgick At this day at least whatsoever things are commanded are not confirmed unlesse the Parliament consent Now there are some Provinces which are not bound by covenant but by the consent of the Estates as Languedoc Britain Province Dolphenie and some others and in the Netherlands clearly all Finally lest the Eschequer swelling like the spleen whereby all the other Members do pine away should draw all things to it self every where a due proportion is allotted to the Eschequer Since therefore at last it appeares that the tributes customes demesall that which they call demesnes under which names Portages Imposts Exposts Royalties wrecks forfeitures and such like are comprehended which are ordinarily or extraordinary given to Kings were conferred on them for the benefit of the people and supportation of the kingdome and so verily that if these nerves should be cut in sunder the people would fall to decay these foundation being under-mined the Kingdome must needs fall to the ground it truely followes that he who to the prejudice of the people burthens the people who reaps a gain out of the publike losse and so cuts their throat with their own sword is not a King but a Tyrant contrarily that a true King as he is a survey or of the publike affaires so likewise an Administrator of the publike riches but not a proprietary Lord who can no more alienate or dissipate the Royall Demesnes then the kingdome it selfe but if he shall demene himselfe otherwise verily as it is behoovefull to the Republike that every one should use his own proper goods well much more is it beneficiall for the Commonweal that every one should use the publike estate well And therefore if a Lord who prodigally spends his Estate is by publike authority deduced to the Wardship of his kinsmen and Family and compelled to abstaine from his possessions then truly much more justly the Gardian of the Republike who converts the publike Administration of all wealth into the publike destruction or utterly subverts it may justly be spoiled by those whom it concernes and to whom it belongeth out of Office unlesse he desists upon admonition Now that a King in all lawfull Empires is not a proprietary Lord of the Royall patrimony is easie to be manifested That we may not have recourse to those most ancient ages whose Image we have in the person of Ephron king of the Hittites who durst not verily sell his field to Abraham without the peoples consent that very law is at this day used in all Empires The Emperour of Germany before he is Crowned sacredly swears That he will alienate distract or morgage nothing of those things which appertain to the Empire and the patrimony of the Empire but if he recovers or acquires any thing by the publike Forces that it shall come to the Empire not to himself Therefore when Charles the fourth that Wenceslaus his sonne might be designed Emperor had promised an 100000 Crowns to every one of the Electors and because he had no ready monies had obliged to them by way of pawne to this end the Imperiall Customs Tributes Townes Proprieties and Rights there arose a most sharp dispute about it and the most judged the morgage to be void which verily had not availed unlesse that morgage had been gainfull to those very men who ought to defend the Empire and principally to oppose that morgage Yea therefore Wenceslaus himself was compelled as incapable to deprive himself of the Empire because
justice preserve the Empire protect Widowes Orphans and all worthy of pitty which when he hath solemnly sworn to perform before the Altar the Princes and those who represent the Empire are demanded whether they will promise to fealty him Neither yet is he first annointed or receives a sword of purpose to defend the Republike or other Ensignes of the Empire before that he shall have taken that Oath From whence verily it is manifest that the Emperour is purely obliged the Princes of the Empire upon condition onely No man will doubt but that the same is observed in the kingdom of Poland who shall understand the ceremonies very lately observed in the Election and Coronation of Henry of Angiers especially the condition propounded to him of conserving both Religions as well the Evangelicall as Roman which the Nobles thrice demanding of him in set forme of words he thrice promised to perform In the Hungarian Bohemian and other kingdomes which would be over-long to recite the very same is done Neither onely where the right of Election hath continued yet entire hitherto but likewise where meer succession is commonly thought to take place the very same stipulation is wont to intervene When the King of France is crowned the Bishops of Laudune and Belvace ecclesiasticall Peers first demand of all the people that are present Whether they desire and command him to be King Whence even in the very forme it self of inauguration he is said To be elected by the People When the people Seem to have consented he sweares That he will universally defend all the Lawes Priviledges and Rights of France that he will not alienate his demesnes and the like I shall here insert the Oath out of Bochellus Mr. Selden and others intirely thus Archiepiscopi Ammonitio ad Regem dicendo ita in the name of all the Clergy A vobis perdonari petimus ut vnicuique de Nobis Ecclesiis nobis Commissis Canonicum privilegium debitam legem atque justitiam conservatis defensionem exhibeatis sicut Rex in Regno suo debet unicuique Episcopo Ecclesiae sibi Commissae Responsio Regis ad Episcopos Promitto vobis perdono quia vnicuique de vobis Ecclesiis vobis commissis Canonicum privilegium debitam legem atque justitiam conservabo defensionem quantum potuero exhibebo Domino adjuanente sicut Rex in suo Regno unicuique Episcopo ecclesiae sibi commissae per rectum exhibere debet Item haec dicit Rex promittit firmat juramento Haec populo Christiano mihi subdito in Christi nomine promitto In primis Vt Ecclesiae Dei omnis Populus Christianus veram pacem nostro arbitrio in omni tempore servet superioritatem jura Nobilitates Coronae Franciae inviolabiliter custodiam ET ILLA NEC TRANSPORTABO NEC ALIENABO Item ut omnes repacitates omnes iniquitates omnibus gradibus interdicam Item ut in omnibus judiciis aequitatem misericordiam praeoipiam ut mihi vobis indulgeat per suam misericordiam clemens misericors Dominus Item de terra mea ac jurisdictione mihi subdita universos Haereticos Ecclesia denotatos pro viribus bona fide exterminare studebo Haec omnia praedicta firmo juramento Tum manum apponat Libro librum osculetur These things though they have been altered and are farre different from the ancient forme of the Oath which is extant in the Library of the Chapter of Belvace to which Philip the first is found to have sworn yet notwithstanding they are plainly enough expressed Neither is the King girt with a sword annointed crowned by the Peeres who even themselves are adorned with Coronets or receives the Scepter or rod of Iustice or is proclaimed King before THE PEOPLE HAVE COMMANDED IT Neither doe the Peeres themselves swear fealty and homage to him untill he shall have given his faith unto them That he will exactly keep the Lawes Now those are that hee shall noâ— wâ—ste the publike Patrimony that he shall not impose nor enjoyn customes Taxes Tributes at his owne pleasure Nor denounce warre or make peace Finally that he shall determine nothing concerning the publike affaires but in a publike Councell Also that the Senate the Parliaments the Officers of the Kingdome shall constantly enjoy their severall authorities and other things which have been alwayes observed in the Realm of France Yea verily when he enters into any Province or City hee is bound to confirm their priviledges and he binds himselfe by Oath to preserve their Lawes and Customes Which custome takes place by name among those of Tholouse Dolphenie Britanny Province and Rochel whose agreements with Kings are most expresse all which should be frustrate unlesse they should be thought to hold the place of a condition in the contract Yea Charles the 7. made a peace with Philip Duke of Burgundy whose Father Iohn he had treacherously slain with this expresse clause contained in it confirmed with the Kings own Seale That if he should break this Agreement his Tenants feudataries and subjects present and to come should not be thenceforth bound either to obey or serve him but rather the Duke of Burgundy and his Successours and that they should be freed and absolved from all the fealty Oathes promises obligations and duties whatsoever under which they were unjustly obliged by Charles The like we read between King Lewis and Charles the Bald. Yea Pope Iohn the 22. in the Treaty between Philip the long of France and the Flemmings caused it to be set downe That if the King did infringe the Treaty it might be lawfull for his Subjects to take Armes against him And if was usuall among the first Kings of France in their Treatises with other Princes to sweare that if they brake the Treaties made by them their Subjects shall be free from their obedience as in the Treaty of Arras and others The Oath of the ancient kings of Burgundy is extant in these words I will conserve Law justice and protection to all men In England Scotland Sweden Donmarke there is almost the same custome as in France and verily no where more directly then in Spain For in the Kingdome of Arragon many ceremonies being dispatched between him who represents the justice of Arragon or publike Majesty who sits in an higher Throne and having read the Lawes and conditions which he is to observe who is to be crowned King Who doth fealty and homage to him the Nobles at last speake thus to the King in their owne language We who are as powerfull as you for so the Spanish Idiom imports and can doe more then you have chosen you King upon these and these conditions Betwéen you and us there reignes one greater then you to wit the Iustice of Aâ—ragon Now lest he should think he had sworn those things onely perfunctorily or onely for to observe the old custome these very words are wont to
should maintaine them in their freedomes and liberties which he hath promised and sworne solemnly unto them before his reception to the principalitie Thereupon quarrels grow the Prince will hold a hard hand and will seek by force to bee obeyed and the subjects rising against the Prince oftentimes with dangerous tumults rejecting his authority seek to embrace their full liberty In these first motions there happen sometimes conferences at the instance of neighbours who may have interest therin to quench this fire of division betwixt the Prince and his subjects And then if any one of the parties groweth obstinate and will not yeeld although he seeme to be most in fault it followeth of necessity that they must come to more violent remedies that is to say to armes The power of the Prince is great when thee is supported by other Princes which joyn with him for the consequence of the example else it is but small but that of the people which is the body whereof the Prince is the head stirred up by conscience especially if the question of Religion be touched the members ordained for their function doing joyntly their duties is farre greater Thereupon they wound they kill they burne they ruine and grow desperately mad but what is the event God who is an enemy to all tyranny and disobedience judgeth quarrels weigheth them in his ballance of justice helping the rightfull cause and either causeth the Prince for his rigour and tyranny to be chased away and deprived of his estate and principality or the people for their contempt and rebellion are punished and reduced unto reason which causeth the alterations to cease and procureth a peace whereof we could produce many examples both antient and moderne if the relation of this history did not furnish us sufficiently So the generall Estates of the united Provinces seeing that King Philip would not in any fort through his wilfulnesse yeeld unto their humble suite and petitions and notwithstanding all the offers they could make to purchase a good firme and an assured peace notwithstanding all the intercessions both of the Emperour the French King the Queen of England and other great Princes and Potentates of Christendom yet would he not give eare to any other reason but what himselfe did propound the which the said Estates did not only find unjust and unreasonable directly repugnant to their liberties constitutions and freedomes of the Countrey but also contrary to their consciences and as it were so many snares layed to catch them which were in no sort to be allowed of nor received considering the qualitie of their affaires and his according to the time In the end rejecting all feare of his power and threats seeing they were forced to enter into all courses of extremity against a Prince which held himselfe so hainously offended as no reconciliation could be expected relying upon the justice and equitie of the cause and sinceritie of their consciences which are two brazen bulwarks they were fully resolved without dissembling to take the matter thus advanced in hand and opposing force against force meanes against meanes and practises against practises to declare him quite fallen from the Seigniorie preheminence and authority which before the troubles the breach of their priviledges rights freedomes and immunities so often and so solemnly sworne by him and dispensation of his Oaths he had or was wont to have in the said Provinces respectively Whereof they made open declaration by a publick Edict the tenour whereof followeth The Generall Estates of the untited Provinces of the Netherlands to all those that these presents shall see reade or heare greeting As it is well known unto all men that a Pâ—ince and Lord of a Countrey is ordained by God to bee Soveraign and head over his subjects and to preseveve and defend them from all injuries force violence even as a shepheard for the defence of his sheep and that the subjects are not created by God for the Prince to obey him in all he shall command bee it with God or against him reasonable or unreasonable nor to serve him as slaves and bondmen but rather the Prince is ordained for his subjects without the which he cannot be a Prince to governe them according unto equity and reason to take care for them and to love them even as a father doth his children or a shepheard his sheep who putteth both his body and life in danger to defend and preserve them If the Prince therefore faileth herein and in stead of preserving his subjects doth outrage and oppresse them depriving them of their priviledges and ancient customes commandeth and will be served of them as of slaves they are no longer bound to respect him as their Soveragn Prince and Lord but to esteeme of him as a Tyrant neither are the subjects according unto Law and season bound to acknowledge him for their Prince so as without any offence being done with deliberation and the authority of the Estates of the Countrey they may freely abandon him and in his place chuse another for their Prince and Lord to defend them especially when as the subjects by humble suit intreatie and admonitions could never mollifie their Princes heart nor divert him from his enterprises an tyrannous designes so as they have no other meanes left them to preserve their antient libertie their wives children and posterity for the which according to the lawes of nature they are bound to expose both life and good as for the like occasions we have seene it to fall out often in divers Countries whereof the examples are yet fresh in memory The which ought especially to bee of force in these Countries the which have alwayes been and ought to be governed according unto the oath taken by their Princes when they receive them conformable to their priviledges and antient customes having no power to infringe them besides that most part of the said Provices have alwayes received and admitted their Princes and Lords upon certaine conditions and by sworn contracts the which if the Prince shall violate hee is by right fallen from the rule and superiority of the Countrey So it is that the King of Spaine after the decease of the Emperour Charles the fifth his father of famous memory from whom all these Countries were transported unto him forgetting the services which as well his father as himselfe had received of these Countries and the inhabitants thereof by the which especially the King of Spain had obtained such glorious and memorable victories against his enemies as his name and power was renowned and feared throughout all the world forgetting also the admonitions which his said Imperiall Majesty had heretofore given him and contrariwise hath given eare beliefe and credit unto them of the Councell of Spain which were about him the said Councell having conceived a secret hatred against these Countries and their Liberties for that it was not lawfull for them to command there and to govern them or to merit among
one of us may breake or fall from it by dissimulation secret intelligence or in any sort whatsoever And that for the preservation of our holy Catholike and Romish Faith and the accomplishment of the Pacification as also for the expulsion of Spaniards and their adherents with all due obedience to his Majesty for the good and quiet of our Countrey and the maintenance of our Priviledges rights Freedomes Statutes Customes and antient uses For the effecting whereof we will use all meanes possible imploying both Money Men Counsell and goods yea and our lives if it were necessary And that none of us may in private give any counsell advice or consent nor have any secret conference with them that are not of this Union nor yet reveale unto them in any sort what hath or shall be treated of in this Assembly or resolved but shall wholly conforme himselfe according to our generall and common resolution And in case that any Province Estate Countrey Towne Castle or House were besieged assaulted invaded or opprest in any sort whatsoever yea if any of us or any others having indeavoured himselfe for his Countrey and the just defence thereof against the Spaniards or for other causes depending thereon as well in generall as particular should be sought after imprisoned ransomed molested or disquieted in his person and goods honour and estate or otherwise we promise to give him assistance by all the said meanes yea and to procure the liberty of them that shall be imprisoned either by force or otherwayes upon paine to be degraded of their Nobility Name Armes and Honour and to be held perjured disloyall and enemies to our Countrey before God and men and to incurre the note of Infamy and cowardise for ever And for the strengthening of this our holy Union of Association we have signed these presents the tenth of January 1577. Underneath were the signatures of the Deputies of every Province Prelates Noblemen and Commissioners for Townes and underneath them was written the agreation of the Councell of State as followeth The Deputies of the generall Estates here under-written having required them of the Councell of State committed by his Majesty for the government of the Netherlands to consent unto and allow of that which is contained in the Union above written The Councell in regard of the said request and the reasons therein contained have as much as in them lay allowed and doe allow by these presents the said Union according to the forme and tenor Made at Brussels in the State-house in the Assembly of the said States the tenth of January 1577. And underneath was written By the commandement of the Lords of the Councell of State Signed Berrii If any shall here object that Kings are of divine institution whence Dei gratia By the grace of God is peculiarly annexed to their Titles and not communicated unto Subjects Therefore though they prove never so flagitious or tyrannicall they may in no wise be forcibly resisted or questioned by their Nobles and Parliaments for their crimes I answer briefely because I have elswhere largely dissipated this objection First that Kings are no more of divine institution then any other inferiour Magistrates Officers or Princes whatsoever as the Scriptures abundantly evidence But all other inferiour Magistrates Officers and Princes whatsoever are resistible questionable censurable and deposible for their tyranny wickednesse and misgovernment by the Parliaments censure as I have proved notwithstanding their divine institution therefore such degenerating Kings too as well as they in such cases Secondly all Ministers of the Gospel are as much if not farre more Jure divinâ— and by Gods owne ordination as Kings are a truth undeniable But they for their offences and misdemeanors contrary to their function may be both forcibly resisted censured deprived degraded yea and executed notwithstanding their divine right and institution as the Canons of most Councels the practise of all ages yea the expresse letter of the 26. Article of the Church of England with all our Episcopall Canons and Canonists attest Therefore tyrannicall degenerating Kings may be so too by the selfe-same reason in some cases Thirdly this Title of Dei gratia in publike Writs anciently hath beene and yet is common to Bishops Prelates inferiour Magistrates and Subjects as well as to Kings as sundry precedents in our Law bookes Matthew Paris Salon with others attest and Mr. John Selden in his Titles of Honour part 1. chap. 7. Sect. 2. p. 123. professedly proves at large to whom I shall referre you But these both lawfully may be and alwayes have beene forcibly resisted questioned convented deprived censured for their tyranny and misdemeanors notwithstanding this their stile of Dei gratia or pretence of divine institution yea we know that Bishops have beene lately thrust out of many Churches notwithstanding their long pretended Ius Divinum to support their Hierarchy and Iohn Gerson a Papist hath writ a particular Treatise De Auferibilitate Papae notwithstanding the Popes pretended Divine Title to his Monarchy which may be now and one day shall be totally abolished Therefore tyrannicall degenerous Kings may be justly resisted censured deprived as well as they and royalties changed into other governments by the peoples and kingdomes common consents if they see just cause If any secondly object That Kings are annoynted at their Coronation Therefore their persons are sacred irresistible unquestionable unpunishable for any tyrannicall or exorbitant actions whatsoever I briefly answer first that every Christians Baptisme being a Sacrament of Christs owne institution at least his spirituall unction and sanctification as I have formerly proved makes a person as sacred yea more holy then Kings annoynting being no Sacrament can or doth of it selfe make the person of any King whatsoever A truth which no Christian can without blasphemy deny But Baptisme and the inward unction of the spirit of grace and sanctification exempts no Christians from resistance censure punishments of all sorts in case they commit any exorbitant or capitall crimes as experience tels us Therefore Kings Coronation annoyntings cannot doe it Secondly Priests anciently were and at this day too in the Roman Church are annoynted as well as Kings and so are children and sicke persons that I say not Altars Bels c. with Chrisme and extreame Vnction But these Unctions conferre no such immunity to Priests children sicke men others c. Therefore neither can this annoynting doe it to Kings especially now being no divine institution Thirdly The annoynting of Kings is not common to all Christian Kings many of them especially in former times having beene crowned without any annoynting at all but peculiar to Emperours and to the Kings of Ierusalem France England and Sicily the foure annoynted Kings onely as Albericus Restaurus Castaldus Antonius Corsetus Azorius Cassanaeus and sundry others affirme out of the old Roman Provinciall though some other Kings have now and then beene
annoynted when they were crowned as Mr. Selden proves Since therefore all Kings persons are reputed sacred as well as these foure who are annoynted and these Kings as soone as the Crowne descended to them even before their Unctions and Coronations were deemed as sacred and inviolable as before it is certaine that their very enoyling of it selfe makes no addition to their personall immunities from just resistance publike censures or deprivations for grosse unsufferable publike crimes Fourthly the annoynting of Christian Emperours and Kings is not very ancient Charles the great being the first annoynted Emperour if we beleeve Mr. Selden The first annoynted King in France was Pipin about the yeare 750. the annoynting of their Clovis the first about the yeare 500. with that holy Vial of never-decaying Oyle reserved at Rheimes to annoynt their Kings which they say a Dove brought downe from Heaven to annoynt him with a ridiculous Monkish fable much insisted on by Bochellus and other French-men who relate the grand solemnity used in the carrying and recarrying of this fabulous Vial at the French Kings Coronations being not at his Coronation as many fondly mistake but onely at his baptisme as Mr. Selden manifests by pregnant authorities The annoynting of Kings is farre more ancient in England then in any other Realme as Mr. Selden notes out of Gildas yet Egfert is the first of whose annoynting there is any intimation in our Histories about the yeare 790. To adde to the holinesse of which ceremony some of our Monkes in latter ages have forged a Legend as good as that of the holy Viol at Rheimes that the Virgin Mary gave to Thomas Becket Archbishop of Canterbury during his exile under Henry the second a golden Eagle full of precious Oyle inclosed in a stone vessell commanding him to preserve it foretelling him that the Kings of England annoynted with this Oyle should be Champions of the Church and bountifull and victorious as long as they had this Eagle oyle How late the Unction of Kings began in other Realmes you may read at large in Mr. Selden and how the later Kings of Judah were annoynted and with what unguent or Oyle the curious may read at leisure in Cunaeus This annoynting therefore of Kings being not of divine institution of such puny date in most Realmes and no wayes necessary nor essentiall to the constitution or Inauguration of any Christian King can adde no immunity or priviledge at all to the persons of Kings much lesse exempt them from all forcible resistance just censures or deprivation it selfe if there be just and reall cause to proceed criminally against them in case of incorrigibility as I have elsewhere more fully demonstrated and therefore shall no further expatiate in this particular here onely I shall conclude with one notable History which proves it I read in Gulielmus Neubrigensis that for an hundred yeares space and more though there were a numerous succession of Kings in Norway yet none of them ended his life by old age or sicknesse but all of them perished by the sword leaving the soveraigne power of the Realme to their murderers as to their lawfull successors so as to all those who are knowen to have reigned there for so long a time that which is written might seeme to have reference Hast thou slaine and also taken possession The Nobles of this Land out of a pious endeavour desirous to heale this infamous mischiefe obteining now the vigour of a Law as it were through long custome decreed That the new King should be solemnly annoynted with a mysticall unction and crowned so as no man should dare from thenceforth to lay hands on the Lords annoynted For till that time none in that Nation hath ever beene consecrated King after an Ecclesiasticall manner but whosoever had Tyrannically slaine a King put on the person and power of a King thereby and left the same likewise after a little fortune to his murtherer by a law of inveterate custome which verily out of a certaine Christian simplicity was thought by many to have beene therefore so frequently done because none of the former Kings had deserved to be initiated with the solemnitie of a Royall Vnction Therefore Haco being slaine who had succeeded King Jnge slaine by him when the succession of the Crowne seemed to belong to one Magnus a child Nephew to Jnge the Wisemen and Nobles of the Realme by a common Decree caused the said child to be solemnly consecrated to be the Lords annoynted and crowned with a Diadem By which deed they thought that they had a Prince made sacred to them and that the disgrace of the ancient custome was thereby abolished But when Magnus had reigned some few yeares in great prowesse and happinesse a most infamous Priest Suerus surnamed Birkebain usurped a Tyranny twice defeated Magnus by warlike stratagems and at last utterly routed and slew him in battell notwithstanding his annoynting and usurping the Crowne renounced his holy orders married a wife and would have beene crowned by the Archbishop of that Land but he being a great man would neither be moved with prayers nor threats to annoynt an exectable head with sacred Vnction for which he was banished the Countrey at last after two great victories against two competitors who were slaine Suerus obtained the Royall Crowne with mysticall Vnction by the hands of a certaine Bishop compelled thereunto under paine of death as it were secure by his frequent successes from the uncertaine end of a long prospering tyranny c. By which History it is evident that it is but a childish simplicity to beleeve that the ceremony of annoynting Kings can of it selfe make Kings persons sacro-sanct or preserve them from violence or assassinations since it no way prevented this mischiefe in this Realme nor yet in any other the very first King for whose personall safety this ceremony of annoynting and crowning was introduced among the Norwegians and Danes being not long after slaine by his Subjects and competitor in battell I shall close up this with the notable sentence of deprivation solemnly given and executed against Wenceslaus the Emperour notwithstanding his annoynting The sentence of Degradation and Deprivation of the Emperour Wenceslaus King of Romans pronounced by the Electors of the Empire in the yeare of our Lord. 1400. IN the name of God Amen We John by the grace of God Archbishop of the Church of Mentz Arch-chancellor of the sacred Roman Empire throughout Germany make knowne to all men present and to come What various manifold and grievous as well incommodities as discords have for many yeares since beene brought into the holy Church continuing even to this present and daily sprouting up more abundantly to the most grievous convulsion imminution and dissipation of the sacred Roman Empire which ought to be a Garrison to the Church of God and the Christian world as they cannot be all written so the mischiefes daily increasing do manifestly enough
both of the Church and Christian world but especially of the sacred Empire Therefore resolving that this mischiefe destructive to the whole Christian Republike was by no meanes to be any longer borne and tolerated with a minde well confirmed after many and various debates and consultations both betweene our selves as also with other Princes and Nobles of the sacred Empire seriously had for the safety of the Church the consolation of the Christian world the honour and profit of the sacred Empire we have thought meet that the foresaid Lord Wenceslaus should at this time be wholly removed from the Roman sacred Empire and all its dignity as one that is negligent and a destroyer of the Empire and unworthy of it Therefore we John Archbish in the name of the foresaid Lords Coelectors of the sacred Empire and our owne moved both with the commemorated as also with many other notable defects and causes by this our sentence which we give and pronounce by this our present writing DEPRIVE and REMOVE the foresaid Lord Wenceslaus aâ— an unprofitable negligent waster and unworthy Defender of the sacred Empire from the foresaid Roman Empire and from all his degree dignity and Dominions appertaining to the same denouncing to all the Princes Nobles Knights Gentlemen Cities Provinces and Subjects of the sacred Roman Empire that they are altogether free from all homage and Oath made to the person of Wenceslaus in the name of the Empire requiring and admonishing them under the faith of the Oath wherewith they are obliged to the sacred Empire that they doe not henceforth obey and submit to the said Lord Wenceslaus as the King of Romans nor exhibit or suffer to be exhibited to him any right obedience tribute rent or any other revenue bâ— what name soever it may be called but reserve the said duties for a profitable and idoneous King of Romans hereafter to be substituted by Gods gracious assistance In assurance and testimony of all which things We John Archbishop of Mentz have caused this present Instrument to be made by the subscribed Notaries in this patent forme and our great Seale to be affixed thereunto This premised sentence was read and pronounced by us John Archbishop of Mentz in our name and the names of the Lords Coelectors before remembred under the Castle Lonstein at the Rhene in the Diocesse of Triers reaching towards Brubachium out of a publike Throne erected for the use of a Tribunall the Lords Coelectors sitting there in judgement in the yeare of our Lords Incarnation 1400. the eight indiction on Saturday the twentieth day of the month of August a little before the time of the Nones in the eleventh yeare of the Papacy of our most holy Father and Lord in Christ Lord Boniface the ninth Pope by divine providence in the presence of the most illustrious Princes and Lords John sonne of the most illustrious Prince and Lord Rupert Duke of Bavaria and Count Palatine of Rheine Fredericke Burgrave of Norimberge the Noble Philip Lord of Nassau and Sarbrucke Emichon of Luringen John of Zigenhaim Cunrade Burgrave our Canon of Mentz Earles Bernhard of Westerburg John of Limpurge Rinehard of Honowe Barons Mr. Nicholas Berwin of the sacred Page John of Witenburg and Nicholas Burgman of the Decrees Mr. Herman President of Saint Gerion of Colen Doctors of the Law likewise the valiant Knight Sigfride of Lindow our Vice-Commander in Ringaugia John Bossen of Waldeck our Buggrave Beckelnheim and our trusty Henry Rulman of Dadenberg Gerard of Emerberg Lord in Lantscron Fredericke of Sachenheim Culman of Coneren John of Dalburg Rudolfe of Zeissikon as also many other Lords Knights and Gentlemen spirituall and secular standing by in great member called and requested to the things above written And I Nicholas Berchtoldi Fridberg Clerke publike Notary of the Diocesse of Mentz by Episcopall and Emperiall authority and sworne Scribe of my foresaid most gracious Lord Lord John Archbishop of Mentz because at that time I was personally present when this sentence which we have fore-writ was given and pronounced together with the publike Notaries and witnesses commemorated and saw and heard all these things to be done therefore at the command and request of my foresaid most gracious Lord of Mentz have reduced this publike instrument faithfully put in writing into publike forme and have subsigned and ratified it with my accustomed signe of Notariship having likewise annexed the great Seale of my foresaid Lord of Mentz in assurance and testimony of all thâ—â— premises The names of the Notaries are Nicholaus Berchtoldi Fridburgensis Joannes Meier junior Gasterveldensis Conradus a Leiborn Clericus Padebornensis diâ—cesis Henricus Stalberg Rotenbergensis Tilmannus a Honberg Conradus Coler Zustensis Coloniensis diaecesis Finally it is evident that the Nobles Magistrates Parliament and representative body of the people or some part of them in default of the rest may lawfully take up defensive armes to resist their Princes endeavouring to abrogate the Law of God to waste the Church and extirpate the true Religion setled among them by the Lawes and usher in Idolatry And that in such a case as this neighbour Princes and States lawfully may yea and ought in point of conscience to aide the Subjects of other Princes afflicted for the cause of pure Religion professed by them or oppressed by open Tyranny These propositions are largely and professedly debated by Junius Brutus in hisVindiciae contra Tyrannos quaest 1. 2. 4. throughout in the Treatise intituled De Jure Magistratus in Subditos spent wholly in this Theame Georgius Obrectus Disput Jurid de Principiis Belli Num. 125. to 199. byVasquius Contr. Illustr 36. n. 30. and elsewhere by Albericus Gentilis and sundry others forecited I shall onely fortifie the later part thereof with the observation of the Duke of Rhoan who acquaints us that it is and hath beene of later yeares the very true interest honour and greatnesse of the Kings and Queenes of England both in point of policy and Religion to protectâ— and assist with armes all Princes of the Reformed Protestant Religion in France Germany and other parts as it is the true interest of the Kings of Spaine to protect and releeve all oppressed or grieved Roman Catholicks under the Dominion of other Princes and that their honour safety and greatnesse principally consists in the observation and maintenance of this their interest and with the words of Junius Brutus who thus states and debates the Question An Jure possint aut debeant Vicini Principes auxilium ferre aliorum principum subditis religionis causa afflictis aut manifesta tyrannide oppressis In defining this question saith he there is more need of conscience then science which would be altogether idle if charity obtained its place in this world But because as the manners of the times are now there is nothing more deare or rare among men then charity it selfe we thinke meete briefely to discusse it The Tyrants as well of soules as bodies as
well of the Church as Common-wealth of Realme may be restrained expelled and punished by the people Both these we have already proved by reasons But because such is the fraud of Tyrants or such the simplicity of subjects for the most part that they are scarce known before that they have spoyled or these scarce thinke of their safety till they have almost perished and are reduced into those straits out of which they cannot get out with their owne forces so as they are compelled to implore the aide of other it is questioned Whether they defending the cause of Religion or of the Common-wealth of the Kingdome of Christ or of their owne Kingdome other Christian Princes may lawfully assist them And truly many whiles they have hoped to increase their wealth by ayding the afflicted have presently judged it to be lawfull For thus the Romans Alexander the great and many others under pretext of suppressing Tyrants have frequently enlarged their Dominions and not long since we have seen Henry the second King of France to have made warre with the Emperour Charles the fifth and that under pretext of succouring and defending the Princes of the Empire and of the Protestants too as also Henry the eighth King of England was ready to aide the Protestants in Germany to make worke for Charles the fifth But if any danger may be feared from thence or little gaine may be expected then verily they must heare most Princes disputing whether it be lawfull or no And as those under a pretext of piety did cover either ambition or gaine so these pretend justice for their sloathfulnesse when as verily neither did piety exhort them which seekes onely the good of others nor yet justice ought to dehort these which looks wholly abroad and is as it were cast out of its owne doores Therefore discharging both these let us see first in the cause of Religion what true piety and what true justice may perswade First let it be agreed that there is but one Church whose head is Christ and whose members so cohere and agree among themselves that none of them even the smallest can suffer violence or hurt but the rest are hurt and suffer griefe as the whole Scripture teacheth Therefore the Church is compared to a body Now the body is oft-times affected not onely with the hurt of the arme or legge but even of the very the least finger or perisheth with its wound Therefore in vaine may any one boast that he is cordially affected with the safety of the body who when he may defend the whole yet suffers it to be torne and mangled limb after limb It is compared to a building Now where mines are made against any part of the building the whole building oft-times fals downe to the ground and the flame which invades any part thereof endangers the whole Therefore he should be ridiculous who because he dwels in the cellar perchance should delay to drive the flame from the top of the house He should be scarce in his wits who would not prevent mines with countermines because they are made against this wall not against that It is also compared to a Ship Now the whole Ship is endangered together the whole perisheth together Therefore those are equally safe who are in the fore part as those who are in the puppe those who are in keel as safe as those in the shrouds if the storme rage when verily even in the common proveb those who are conversant in the same danger are said to be in the same Ship These things laid downe verily he who is not moved with its griefe burning tossing is not of that body is not accounted of the family of Christ hath no place in the Arke Yet he who is but a little moved ought no more to doubt whether he ought to aide the afflicted members of the Church then whether he may helpe himselfe since in the Church all are one but rather every one is bound in his place to afford his helpe and assistance to them and so much the more helpe by how much the more riches he hath received from God not so much to be possessed as expended This Church as it is but one so likewise it is universally and intirely committed commended to all Christian Princes severally For because it had beene dangerous to commit the whole Church to any one and to commit the severall parts thereof to particular persons had beene clearely contrary to its unity God hath committed all of it to every of them and its particular parts to any of them Nor yet so as that they should onely defend it but also that they should have a care to propagate it as much as they are able Therefore if the Prince of the Countrey takes care of one part thereof perchance the German or English but yet deserts and neglects the other oppressed part if he be able to relieve it he is judged to have deserted the Church since the spouse of Christ verily is but one which he ought to defend and protect with all his might lest it should be violated or corrupted any where The instauration of this universall Church as private men are bound to promote with bended knees so Magistrates I say are obliged to doe it with their feet hands and all their strength Neither is the Ephesian Church one the Colossian another and the rest but all these particular Churches are parts of the universall now the universall is the Kingdome of Christ which all private men ought to desire but Kings Princes Magistrates are bound to amplifie dilate defend and propagate every where and against all whomsoever Therefore among the Jewes there was one onely Temple built by Solomon which represented the unity of the Church Now he should be a ridiculous Churchwarden and to be punished who should take care onely to preserve one part safe and sound but suffer the rest to fall to decay likewise all Christian Kings when they are inaugurated receive a sword of purpose to defend the Catholike or universall Church which taking into their hand they point out all the quarters of the world and brandish it towards the East West South and North lest any part thereof should be thought excepted Since then they receive the protection of the Church in this manner without doubt they understand the true not false Church Therefore they ought to doe their endeavour to defend and to restore intirely that Church which they professe to be true and pure Now that thus it was observed by pious Princes examples may teach us In the time of Hezekiah King of Judah the Kingdome of Israel was long before enthralled to the King of Assyria to wit from the time of King Hoshea therefore if that Church of God onely which is in the Kingdome of Judah and not also the universall had beene committed to Hezekiah and if the bounds of the Realmes had been to be kept in defending the Church in the same manner as they are in
justice that Tyrants and the subverters of Law and the Republike should be curbed charity that the oppressed should be releeved and have a helping hand extended But those who take away these things take away piety justice charity from among men and desire them to be altogether extinguished So he If this then be an irrefragable verity that forraine States and Princes are so farre obliged to assist and relieve those of the same Religion and all others whose liberties rights priviledges are forcibly invaded which our Parliament and State by their assistance if the Netherlands and other Protestant States both in Quaene Elizabeths King James and King Charles his reigne approved and justified both by words Acts of Parliament and reall performances then certainly those of the self-same Church Nation Kingdom and fellow Subjects under the self-same Prince betweene whom there is a farre nearer relation much stricter obligation and more strong ingagements ought mutually to aide and assist each other to the uttermost of their abilities when their Religion Lawes Liberties be violently invaded their dearest native Countrey wasted sacked plundered burned ruined in a hostile warre-like manner with open force of Armes either by the King himselfe or a prevailing Malignant Popish faction who have surreptitiously possessed themselves both of his person and affections which they have gotten into their owne over-ruling power How much then it now concernes every reall Protestant within this Realme of England and all other his Majesties Dominions to unite all their common forces together unannimously to protect defend maintaine and propagate our established reformed Religion fundamentall Lawes Liberties the very Priviledges of Parliaments their estates liberties lives the peace welfare and common good of their dearest native Countrey and our three united Realmes against all Popish Malignant forces now in armes to invade eclipse impaire subvert sacke ruine them and how monstrously unnaturally unchristianly and detestably impious treacherous perfidious all those English Irish and Scottish Protestants proclaime themselves to the present and future age who now trayterously joyne their forces with the Malignant Popish party or prove uncordiall false treacherous and perfidious to their Religion Liberties Countrey and the Parliment who have not onely waged imployed but confided in them and contribute their uttermost endeavours to betray enslave undermine and to sacke burne and totally overturne them as many we finde have done to their eternall infamy I here referre to every mans judgement and conscience seriously to determine Certainly such unnaturall monsters such trayterous Judasses such execrable infamous Apostates as these can expect no other reall remuneration of this their treachery and perfidiousnesse but the ruine of their credits the detestation of their persons memories the confiscation of their estates the extirpation of their families the execrations of all good men the severest judgements of God and utter confusion with horrors of conscience tormenting them constantly day and night whiles they continue languishing under all these miseries here and the sharpest torments the very largest dangers the hottest flames in hell for ever hereafter and those Antichristian Papists who now are and have beene so faithfull active zealous couragious industrious liberall bountifull if not prodigall to prosecute their owne interests designes to maintaine and propagate their false erroneous detestable Religion superstitions idolatries both in England and Ireland with the effusion of their bloud expence and forfeiture of all their estates and never yet deserted or became treacherous to their false execrable cause or Religion in the least degree shall all joyntly rise up in judgement against them both here and hereafter to their sempiternall infamy reproach and most just condemnation O consider this all yee who now so much forget neglect betray both your God your Christ Religion Lawes Liberties Countrey Parliament yea your very selves your soules bodies and posterities Consider with your selves the bitter curse denounced by God himselfe against Meroz Judg. 5. 23. Consider the fatall dismall end of treacherous Judaâ— Matth. 27. 3. 4 5. Acts 1. 18. 19 20. Consider that dreadfull speech of our Saviour Christ Marke 8. 35 36 37 38. Whosoever will save his life shall lose it but whosoever shall lose his life for my sake and the Gospels shall save it For what shall it profit a man if he shall gaine the whole world and lose his owne soule or what shall a man give in exchange for his soule whosoever therefore shall be ashamed of me and of my word in this adulterous and sinfull generation of him also shall the sonne of man be ashamed when he commeth in the glory of his Father with the holy Angels If we suffer with him we shall also reigne with him if we deny him he will also deny us If we be but fearfull in the cause of Christ we shall be sure to have our part in the lake that burneth with fire and brimstone Rev. 21. 8. O what then will be our portion if we be unzealous negligent perfidious to it or professed enemies especially in open armes against it when it cries out to us for our necessary assistance every where If Jesus Christ will render tribulation to them which doe but trouble his people yea and shall be very shortly revealed from Heaven with his mighty Angels in flaming fire taking vengeance on all them that onely know not God and that obey not the Gospel of Jesus Christ who shall be punished with everlasting destruction from the presence of the Lord and from the glory of his power 2 Thes 1. 6. to 10. O where shall all those ungodly sinners Rebels and Traytors appeare who now every where murther plunder persecute extirpare Gods dearest Saints and not onely refuse to owne but even desert betray the cause of God and their Countrey who refuse not onely cordially maintaine the very truth of God the Gospel of Christ and which themselves in shew not onely pretend to know but professe but also joyn with Papists and Malignants openly to fight against and totally to suppresse it Certainly if judgement shall beginne at the house of God it selfe as now it doth and if the righteous who defend the cause of God and the Kingdome shall scarcely be saved what these mens dreadfull end and judgement at last shall be transcends my thoughts to conceive my expressions to relate all I can say is this it will be superlatively miserable and grievous that eternity of incomprehensible torments will onely be able to demonstrate the infinity and execrablenesse of their sinne O then let all of all sorts consider seriously of this and all the premises and the Lord give them understanding and grace to keepe a good conscience and discharge their severall trusts and bounden duties faithfully cheerefully to their God Religion King Countrey and the Parliament in all things that so they may enjoy the honour comfort benefit of all their faithfull endeavours to defend promote and propagate Religion Lawes liberties and the publike welfare here
d Commonw l. 3. c. 1. p. 261. e Pars 5. consid 29 30 31. p. 243. c. f Cassan Ibid. Bodin Commonw l. 2. c. 5. l. 1. c. 10. l. 3. c. 1. g Commonw l. 2. c. 1. p. 222. h Fabian pa. 5. c. 155. par 6. p. 154. 160. 164. 243 244. par 7. p. 107 108. 280 282. Andrew Faviâ—s Theatre of Honor l 2. c. 12. Munsteri Cosmog l. 2. c. 40. p. 139 140. Paulus Aemylius l. 1. Mercators Atlas p. 254 255. Bodin Commonw l. 3. c. 1. i Paulus Aemyl l. 1. Gaguinus and the generall History of France in his life Iean Crispin Lestate de Leglise p. 144. Fabian par 5. c. 75. p. 66. Munsters Cosmog l. 2. c. 41. k 2. H. 5. f. 35. c. l Hist p. 685. 687 786. 787. c. m Fabian pa. 1. c. 86. Gagui Emyl the Generall Hist. of France Crespin Munst and others in his life n Fabian pa. 5. c. 122. 126. Gaguyn Emyl the Gen. hist of France o Fabian part â— c. 132. Gaguinus Paulus Aemilius Crespin the generall Hist of France p Fabian part 5. c. 138 139 140. Gaguinus Aemylius Crespin the generall History of France in his life and the life of Childericus q Fabian part 5. c. 144. 145. Gaguinus Aemylius Crespin the generall Hist of France r Fabian part 5. c. 150 153. generall Hist of France Gaguinus Aemylius Crespin Turpin Chronicon Chronicarum Sabellicus Opmeereus in the life of Childericke and Pipin Aventinus Annal. Poyor l. 3. Antonini Chron. Tit. 14. nu 1. sect 2. Munst Cosmog l. 2. c. 41. 〈◊〉 Iewels Reply p. 341 342 343. Bishop Bilson of Christ subiection c. par 3. p. 418 to 423. Blondus Decad. 1. l. 10. Nauclerus vol. 3. gen 26. Regino l. 2. An. 722. Papyrius Masson An. in Child p. 83. 〈…〉 Å¿ Annal. Boiorum l. 3. p. 299. t Lambards Archaion f. 130 Fox Acts Mon. vol. 1. Edit ult p. 244. u Antonini Chron. Tit. 14. 14. n. 1. sect 2. f. 102. Blendus Decad. 1. l. 10. Sabellicus Enead 8. l. 8. Gaguinus l. 3. in Car. Martel Nauclerus vol. 3 gen 26. Gratian. Caus 15. qu. 6. Platina in Zach. 1. Frisin l. 5. c. 22. Fabian part 5â—â— c. 132. p 141. Amonius de gest Franc. p. 403. x Hist l. 6. p. 521. * Though that of Plinius secundus Panegyr Traiano dictus p. 8. be true Quod aequiore animo ferunt homines quem Princeps parum faliciter genuit quà m quem malè elegit y Part. l 5. â— â—0 z Chron. tit 14. c. 1. sect 2. f. 103. a Of Christian subiection par 3. p. 420. b Fab. par 6. c. 154. Gaguin the Gen. Hist of France c Fab. par 6. c. 2â—4 Grimst Imper. Hist p. 390 391. Gaguin The Gen. hist of France Turpin Antoninus Munst Crespin Papyr Masson and others d Fab. par 6. c. 175. Gaguin Gen. hist of France e Fab. par 6. c. 175. Gaguin Gen. hist of France Herma-Schedel Crispin and others f Fabian p. 6. c. 82 183 186 201. Gaguin Turpin General Hist of France g Fab. par 6. c. 201. 202. Gaguin Turpin Chron. Chron Opmerus Crisp Gen. hist Fran. h Fab pa. 7. c. 243 244. Gaguin the. Gen. hist of France Turpin Theat of honor l. 2. c. 12. i Fab. pa. 7. An. 1259. p. 68. k Fab. pa. 7. p. 102 103 c. Gaguin l Fab. pa. 7. p. 187 188. the Gen. hist of France m Fab. pa. 7. p. 187. 188. Gaug Gen. hist of France n Bodin Commonweal l. 3 c. 1. p 2â—4 See the generall Hist. of France in his life o Fabian part 7. p. 192. 193 263 274. Speeds Hist p. 687 6â—4 786 787 788. Halls Chron. 2. H. 5. See the generall Hist of France and Gaguinus in the life of Iohn q Fabian part 7. p. 280 to 298. Gaguinus the generall Hist of France in the life of this Philip and King Iohn * Note this * So it hath been conceived by some the King by Law might do this in England but Sir Edward Cooke in his Institutes on Magna Charta f. 575. to 5â—9 hath largely proved the contrary that the King by his Prerogative and Proclamation cannot alter enhanse or abase his coyne but in and by the Parliament onely because it is contrary to sundry Statutes it is the sinues and life of trade and every mans estate consists in it and so all have a common interest therein which cannot be altered out by common consent in Parliament q Fabian part â— p 305 306 311 312. Generall Hist of France Gaguin and others r Fabin part 7 p 307. see p. 190 191 266 477 c. â—55 326 357 358 359 460. Walsingham Hist Angl. p. 235 236. Å¿ Fabian part 7. p. 324. 355 356 357 358 363 364. The generall Hist of France Gaguin and others in his life t Fabian ibid. Generall Hist of France p. 216 227 228 229. u Chron. 2. 5. H. 5. x Hist p. 786. to 782. y Fabian part 7. p. 399 400 475. Generall Hist of France Holingshed Fabian Walsinghan Grafton Hall z Fabian part 7. p. 475 478. Generall Hist of France Hall Holinshed Speed a Fabian part 7. p. 479 480 481 488. Generall Hist of France b Fabian part 7. p. 490 521 522 523. c Phili. de Com. l. 5. c. 18. c Phili. de Com. l. 5. c. 18. Note Note d Gen. hist of France p. 421. 423. e Gen. hist of France p. 575. to 580. Grimst Imper. hist p. 647 648. * Note f Matthew Paris p. 270 271. g The generall Hist of France p. 6â—â— to 690. Note c Generall Hist of France 692 c. Richardus Dinâ—thus de Bello Civili Gallico Religionis causa suscepto l. 2 3 4 6. Speeds Hist 1211 1212 1214. K. Iames Answer to Cardinall Peron i Gen. hist of France p. 744. Fox Acts and Mon Vol. 3. p. 1026 Edit ult k Gen. Hist of France p. 764. l Generall Hist of France p. 765 c. m Gen. Hist of France p. 834 835. * Mounsieur Daubern n The generall Hist of France p. 976 977 982. o Gen. Hist of France p. 914 915 1070 1071 1072 1094 1095 1110 113â— 1172 1173 1174 1175 1181 1182 1183 1196 to 1220. p Gen. Hist of France p. 887. 888. q Gen. Hist of France p. 1009 1022 1023 1124 1154 1156 1157. r Gen. Hist of Fr. p. 1173 1174 1200. Å¿ Gen. Hist France p. 1207. t The continuation of the life of Lewes the thirteenth p. 2. 〈◊〉 7. u Ibid. p. 95 26. 29. 30. 31. 46. 49. 50. 74. 75 x Ibid p. 17. 18 24. y Ibid p. 59. to 120. z Lib. 2. c. 12. p. 179. to 187. Note a Continuation of the Gen. Hist of France p 13 to 150. b Ibid. p. 220. 3â— 306. c See the Synopsis of his life * Catalogue Gloriae mundi pars 5. Consid 29 30. Andrew Favine Theatre of
and the Crowne the full guerdon of them hereafter and poore bleeding dying England and Ireland may now at last attaine that speedy holy lasting honourable blessed peace and unity which all good men cordially pray for and endeavour which doubtlesse had beene easily effected long ere this had we all beene faithfull true reall to the publike cause of God and our Countrey in our severall places and not faithlessely betrayed but sincerely discharged the severall trusts reposed in us to the uttermost of our powers the readiest meane to re-establish and perpetuate our pristine tranquillity which I humbly beseech the God and Prince of peace effectually to accomplish in his owne due season before our whole three Realmes become a desolate Wildernesse an Accheldama a Golgatha as many places of them are already and more like to be if the extraordinary mercy of our ever-gracious God prevent not the mischievous long plotted conspiracies malice rage treachery of unnaturall and deceitfull men FINIS This Oath should have come in the Appendix page 73. line 17. The Oath of CHARLES King of Navarre at his Coronation An. 1390. recorded in the generall History of Spaine l. 17. p. 625. 626. VVE D. CHARLES by the grace of God King of Navarre c. doe sweare unto our people of Navarre upon the holy Evangelists toucht by us and to the Prelates and rich men of the Cities and good Townes and to all the people of Navarre for all your Rights Lawes Customes Freedomes Liberties and Priviledges that every one of them as they are shall be maintained and kept to you and your successors all the time of Our life without corrupting them bettering and not impairing them in all or in part and that the violence and force which hath beene done to your Predecessors whom God pardon and to you by Vs or Our Officers We shall hereafter command it to cease and satisfaction to be made according unto right as they shall be made manifest by good men of credit After which the Deputies of the State swore in their owne names and for all the Realme faithfully to guard and defend the Kings person and their Countrey and to aide him to keepe defend and maintaine the Lawes and Customes with all their power Errata and Omissions in some Copies Part. 4. p. 1. l. 26. it is p. 9. l. 39. c. 33. p. 27. l. 13. private publike p. 28. l. 7. other 31. pugnae Appendix p. 2. l. 3. parallel p. 4. l. 14. them the people l. 34. p. 5. l. 29. Maximus p. 8. l. 1. Polieuctus p. 39. l. 26. dele in the p. 41. l. 41. other p. 44. l. 40. retired p. 50. l. 44. the hand p. 54. l. 1. Cara Lara p. 55. l. 41. Pacensis p. 59. l. 27. dele the p. 66. l. 34. yeares p. 79. l 12. dele cite l. 3. Mariana p. 129. l. 2. adde 2 Chron. 22. 1. And the inhabitants of Jerusalem made Ahaziah his youngest sonne King in his stead l. 18. confirmed p. 145. l. 2. not from it to p. 147. l. 20. in some sence in private â—ases p. 150. l. 23. pem patu p. 153. l. 14. Canarvanius p. 162 l. 7. received renued p. 162. l. 28 Horomani Francogal 38. Vindiciae p. 163. l. 2. revocable l. 3. Historicall l. 19. Cuiacius l. 23. usufrvctuary l. 35 dele the p. 166. l. 14. to doe l. 19. dele to l. 21. foundations p. 167. l. 7. is an p. 169. l. 26. Caracalla p. 170. l. 41. 2. secun qu. p. 171. l. 22. in Law p. 172. l. 27. fealty to p. 173. l. 8. adjuvante l. 15. rapacitates p. 174 l. 4. if it p. 177. l. 15. preserve l. 32. and. l. 35. goods p. 186. l. 15. 16. forcibly resist p. 187. l. 2. so to p. 190. l. 31. 206. p. 193. l. 1. converseth p. 196. l. 33. lesse In the Margin p. 42. l. 2. Dauleny p. 60. l. 4. Leges l. 9. Aimoin l. 12. Jure p. 85. l. 2. 850. p. 152. l. 1. Arnnales Gil. p. 168. l. 19. Rex part 1. p. 12. l 15. third read second p. 29. l. 44. through p. 45. l. 24. l. 3. p. 48. l. 15. Britanâ—◠〈◊〉 26. privatave p. 56. l. 16. reputing them p. 75. l. 25. responum p. 93. l. 38. Duairus p. 100. l. 33. Raynerius l. 3. 8 Albericus Part 2. p. 59. l. 3. perfidum Part 3. p. 143. l. 25. naturall nationall * See the 21. Article of the Church of England Rogers ibidem * Joh. 8. 32. * Zech. 6. 19. * Judg 9. 23. a Plato â—ege hoc sanxit li. 12 de Ll. Si quiâ— privatim sine publico scito pacem bellumve secerit capitale esto b Page 141. 22 23 95 72. and elsewhere * Part 2. 3. c Num. 22 23 24 25. d See Cambdens Britannia p. 318. accordingly e See 19 E. 3. pars 1. M 14 pars 2. m. 14. Judge Crockes Argument against Ship-mony p. 69. to 74. f See Cambaens Britan. p. 318. * An exact collection of all-Remonstrances c. p. 66 67. * Part. 1. p. 89 90. part 2. p. 41. to 74. Nota. Object 6. See the Kings Declarations and Proclamations against this and other Assessements Answer See Sir Edward Cookes institut on Mag. Charta and these Laws Articuli super Chartas Confirmatio Chartarum part 1. Rastall Accusation 5 6 7 8. Rastall Tenths Taxes c. 1. Object Answer * See 8. H. 5. c. 1 * Part 1. pag. 42 43 44. * See part 1. p. 47 48 49 50. * 12 E. 4. c. 3. * 14 E. 3. c. 20. The King then absent in France * 1 E. 6. c. 13. 1 Mar. 1 E. c. 19. 1 Jac. c. 33. * 21 Jac. c. 32. 1. Carc c. 5. * 1 Car. c. 6. 21. Jac. c. 33. * See Rastall Taxes c. throughout * Matth. Paris Hist Angl. p. 420 421 562 563. Daniels Hist p. 157. * Walsingham Hist Angl. p. 88. Holinshed Grafton and Daniel p. 211. * Mr. Hackwels mannor of passing Bils sect 8. p. 78. * See part 1. p. 37 38 39 46 to 53. * See part 1. p. 39. 17. * Fitzh Assise 413. Auowry 74. Prescrip 67. Br. Custom 31. Kitchin 45. 73. 80. Co. 5. Rep. 63. to 69. See Rastal title Corporations * Judge Crookes argument against Ship-money p. 24 25 May 5. 1641. a Cook 5. Report fol. 62 63. b Cook 5. Report f 62. c 〈…〉 d Register fol. 127. Fitz. Natur Brâ—u fol. 113. Cooke l. 10. fol. 142. e Part. 1. p. 5â— 50. 99. 100 101 102 part 2. p 98 c. Francis Then his Catalogue of Protectors in Holinshed p. 1073 c. f De Iure Belli Pacis l. 1. c. 3 nu 24. p. 69. g Vindiciae contr Tyrannos qu. 3 4. h 13. H 8. 16. 9. E. 4. 35 b. 8. E. 4 23. Br. Custome 145. Trespas 406. Dyer 36. * Cook 4. Rep. f. 93 94. Ash Title siâ—â—nts i See the Remonstrance of the rise and progresse of the Irish