even for the subjects themselves also to take them out of the way But if the Prince be an absolute Soveraigne as are the true Monarchs of France c. where the Kings themselves have the soveraignty without all doubt or question not divided with their subjects in this case it is not lawfull for any one of their subjects in particular or all of them in generall to attempt any thing either by way of fact or justice against the honour life or dignity of the Soveraigne albeit hee had committed all the wickednesse impiety and cruelty that could be spoken so Bodin By whose words it is cleare that the ancient kings of France were inferiour in Jurisdiction to their whole kingdomes and Parliaments yea censurable by them to deposition or death Yet that their kings of late are growne absolute Monarchs above their kingdomes Nobles Parliaments and so not responsible to nor punishable by them for the grossest misdemeanours But if this their absolute Monarchy be onely an usurpation as many conceive it not of right by their Parliaments and kingdomes free grants and consents they are still in truth of no greater Authority nor no more exempted from iust censures then their predecessours Now it is clear that in ancient times the 3. Estates and great Councell of France assembled in Parliament and their twelve Peeres or kings as Fabian termes them were the highest power and judicature from which there was no appeale that the Kings of France could make no binding Lawes but by their Authority though now of late they doe what they please and that they have judged the differences between the Crownes of England and France as I have formerly proved and exercised the same or as great authority as the Parliament of England hath done which authority it hath lost by certaine degrees To give a few more instances to cleare this truth Pharamond the first King of the Franks that Reigned in France An. 420. was elected King by the unanimous vote and consent of all the people and by their advice and consent in his Raign the Salique Law was made to Regulate the discent of the Crowne that no women should be heires to it or claime it by discent which Law continues of force untill this day as all the French historians generally accord who make frequent mention of it though our English have much oppugned it as you may read in Hall and Speed Childericus the fourth King of France about the yeare 460. giving himselfe to all vice and cruelty in such extreame wise that hee became obible to his subjects perceiving the murmur of the people and fearing his sudden destruction by the counsell of Guynemeus fled out of his kingdome to Beseigne king of Thuringes Whereupon the French-men with one assent chose Gyll a Roman for their King and governour who laying grieveous Taxes upon his Subjects by the fraudulent counsel of Guynemeus a fast friend to Childericus and using sharp execution upon some of the Nobles so farre discontented his subjects that by the helpe of Guynemeus they deposed and chased him into Soysons and sending for Childerious againe restored and made him King after whose death his sonne Clodovius was by the people ordained and authorised for King of France between whose foure sonnes it was afterwards divided After the death of Chilpericus Clotharius being very young Gunthranus king of Orleans his uncle with the assent of the Nobles of the Realme was made his Tutor who comming to age hee offered to referre the differences between Sigebert and himselfe touching Austracy to which both laid claime to an Assembly of the Lords of that Kingdome and condemned Queen Brunicheild by the unanimous consent of the Lords to bee tyed by the haire of her head to a wilde horse taile and so to be drawed while shee was dead for her many murthers and criminous deeds which was accordingly executed King Dagobert exercised such tyranny and iniustice in pillaging his commons by Exactions and Tributes that those who dwelled in the out parts of the Realme neere the Turkes and other strange Nations chose rather to put themselves under their government than under the Rule of their owne naturall prince Poytiers rebelled against him his Lords murmured so much against him that Pipin and Martain two of his great Lords and agents to save his Crown dissuaded him from his ill counsells whence a little before his death calling a great counsell of his Lords Spirituall and Temporall hee made his will and setled his Kingdome by their advice dividing it between his two sonnes Theodoricus king of France giving himself to sloath and idlenesse committed the government of the Realme to Ebroyn Mr. of his Palace who did what he liked and vexed and troubled the Subjects grievously wherefore by assent the Lords assembled them and by authority deprived the King of all Dignity and closed him in a Monastery during the residue of his life when he had borne the name of a King without executing of the art thereunto belonging three yeares the cruell Ebroyn they exiled to Luxenbourgh during life making Childericus brother to Thesdericus King Ann. 669. who oppressing his subjects grievously and using the Lawes of his progenitors after his pleasure and uniustly causing a Noble-man called Belin to bee tyed to a stake and beaten to death without guilt or Treaspasse Hereupon the Lords and Commons fearing like punishment without deserving murmured and conspired against him and slew him and his wife then great with Childe as they were hunting in a wood After which they restored Theodericus whom they had deposed to his former dignity under whom Ebroyn getting into place and favour againe used such Tyrannie towards the Nobles and People that Pipin and Martaine raised a great army against him lest he should destroy the Commom-weale gave him battell and at last Hermefreditus slew him After which Pipin was made Master of the Palace in his place K. Daegobert the second dying without any Issue or knowne Heire at all one Daniel after named Chilpericke a Priest was by the Lords and peoples generall assent chosen King of France Anno 721. for that by their former experience of him they deemed him apt for the rule of the Land After whose death Theodoricus sonne to Dagobert secretly fostered among Nunnes within Nunneries in womans cloathing was espied and admitted for King During most of the forenamed Kings the grand Master of the Palace swayed the Kingdome at his pleasure and executed the Office of the Kings who had nothing but the bare name of Kings and were subject to this grand Officer Whereupon Theodoricus dying Childericus his sonne being a Sott and for his dulnesse unfit to governe Charles Martell Master of the Palace who swayed all things in Theodoricus raigne deceasing his two sons Charlemaine and Pipin by the advice of the Nobles of the Land considering the insufficiency of the King to rule so great a charge
divided the Land of France betweene them so that either of them should under the King Rule and Governe such proportion as then there was to them appointed Charlemayne soone after renounced his Government and turned Monke and Pipin as onely Ruler tooke upon him the charge of the whole Realme Pipin then considering in his minde in what danger and trouble before him his Father and he now had ruled the Land and that the King to whom belonged all the charge kept his Palaces and followed all his delights and pleasures without taking any paine for reformation of the same sent an ambassage to Pope Zachary asking his advice in point of conscience Whether it were more necessary or wealfull for the Realme of France that he should be admitted for King that did nothing but apply his minde to all bodily pleasures without care and charge takeâ— upon him for the guarding of the Land and the People of the same or he that tooke upon him all the charge and paine in defence of the Land and keeping of the people in the due subjection To this the Pope answered and wrote back to Pipin that he was best worthy and most profitable for the Realme to be admitted for King that ruled well the Commonalty by justice and prudence and the enemies thereof defended and subdued by his policie and manhood Aventine relates his answer more largely in these words I finde saith Zachary in the Story of Divine Scripture that the people fell away from their wretchlesse and lascivious king that despised the counsell of the wise men of the Realme and created a sufficient man one of themselves King God himselfe allowing their doings All Power and Rule belongs to God Princes are his Ministers in their Kingdomes And Rulers are therefore chosen for the people that they should follow the will of God the chiefe Ruler in all thing and not do what they list He is a true King that guideth the people committed to his charge according to the Prescript and Line of Gods Law all that he hath as power glory riches favour and dignitie HE RECEIVETH OF THE PEOPLE and the people MAY WHEN THE CAVSE REQVIRETH FORSAKE THEIR KING It is therefore LAVFVLL for the Franks and Germanes refusing this unkindly Monster Childericke to chuse some such as shall be able in warre and peace by his wisdome to protect and keep in safetie their Wives Children Parents Goods and Lives Which answer of the Pope recited and approved in our owne King Edward the Confessors Lawes and Childerickes deposition likewise Chap. 17. being declared to the Lords Barons and Commons of the Realme whom this Pope likewise wholly absolved from their allegiance to Childericke soone after they of one assent and minde proceeded and deposed and put downe their King and Governour Childericke being a Sott a foole a beast and one unfit to governe and closed him in a Monastery after he had reigned ten yeares in the Kings room by name onely which done they unanimously elected and crowned Pipin for their King By meanes whereof the Royall Line of Moroveus after 17 discents ended and the Crown was translated to Pipins blood Which act in point of policie is determined lawfull by Polybius who Writes That the reason why some Kingdomes became hereditary was onely this because their first Kings being vertuous and worthy men they were perswaded their Children would prove like them but if at any time they degenerat and prove otherwise and the posteritie of the first Kings displease the subjects they thenceforth make the Kingdome elective chusing Kings not according to their strength of body and mindes attempting great things but according to the difference of their will and reason manifested by their actions And by Aristotle who informes us That in Kingdomes confirmed in succession of blood this is to be numbred among the causes of their ruine that the Kingdomes descend to many contemptible and slothfull persons who although they obtaine no tyrannicall but Royall dignitie yet they live lustfully and proudly and so the Kingdome easily falls to ground and becomes a tyrannie the people being unwilling that such should rule over them and so either wholly alter the forme of government or make choice of a fitter King for the necessary preservation of the State yea this election in point of Police and Divinity too is justified and proved lawfull by Buchanan in his Book de Iure Regni apud Scotos by Iohn Mariana de Rege Regis Instit l. 1. c. 3 5. by Pope Zachary in his forceited Epistle by King Edward the Confessor in his Laws c. 17. by a generall Councell of all the Peers and Prelates of France Convocato enim Principum et Senatorum Concilio de COMMVNI SENSV ET VOLVNTATE OMNIVN Childericum solo nomine Regem à regni fastigio deponunt c. ac OMNIBVS GAVDENTIBVS ET VOLENTIBVS Pipinum super Francos REGNARE FACIVNT writes Antoninus and in a word our Bishop Bilson himselfe an Anti-Puritane and great Royalist affirmes That if the King be a naturall foole distracted and altogether unable to governe as Childericke was any Realme by publicke consent and advice may choose another to govern them of which more before Pipin deceasing Charlemain and Charles the great his sons reigned joyntly over the Frenchmen by their â—oyous admittance Having now two Kings instead of one Lewes sirnamed the godly sonne of Charles the great a pious yet unfortunate Prince by meanes of his sonne Lothair was first imprisoned and then by a Councell and Parliament held at Compaygne by authority of the spirituall and temporall Lords and of that Parliament discharged of all rule and dominion as well of the Empire as of the Realme of France after that shorne a Monke and thrust into the Monastery of Saint Marke where he was strictly guarded and when some of the Nobles and people afterwards desired Lothair to release and restore him to his former dignity he answered them That the deposing of him was done by the whole Authority of the Land wherefore if he should be againe restored it must be by the same Authority and not by him onely After which by the Lords assents hee was restored Lewes and Charles after Lewes Balbus their fathers death were joynt Kings of France and being very young by a Parliament held at Meaux Lewes the Emperour their Vncle was declared to be more apt to rule the Kingdome of France then these Infants or Barnard their Guardian and these Children held by some illegitimate Whereupon by the greater number of voyces an Ambassadour was sent to the Emperour to come and take upon him the Rule of middle France which he comming to doe his Nephewes friends compounded with him and then caused these Infants to be crowned and proclaimed Kings Charles the simple at his Fathers death Anno 895. being too yong to take upon him the charge of the Realme the Lords of France
put him under good and convenient guiding and of assent they chose Eudo a man of great fame and worth to be King of the Land for the terme of his life and to guide the Land till Charles should come to his lawfull age whom they put under Eudo his tuition making him King in his stead who was crowned of Walter then Archbishop of Senys After which when Eudo knew he should dye he called before him the Lords and Nobles of France charging them by solemne Oath that after his death they should immediately crowne Charles for their King whom he had brought up with diligence in learning and all Princely vertues being then of age to governe Charles comming to the Crowne the Danes miserably walled his Kingdomes Whereupon his Nobles and people assembled themselves in sundry companies and went to the King shewing their misery and blaming his fearfulnesse and negligence that he no more for him resisted the Danes cruelty Whereupon he out of feare belike lest they should chuse another King to protect them compounded with Rollo chiefe Commander of the Danes giving him all Normandy and his owne Daughter in Marriage to purchase peace Charles being afterwards slaine by Hebert Earl of Vermendoyes Algina his wife mistrusting the Frenchmen fled secretly with her young sonne Lewes Heire to the Crowne to Edward the Elder into England Whereupon that the Land might not be without a Ruler the Lords of France assembled at Paris and there tooke Councell to elect a new King where after long debate they named and crowned Raulfe sonne to Richard Duke of Burgundy King as next Heire to the Crown but young Lewes Raulfe dying after he had reigned 12 yeares the Nobles hearing that Lewes was alive in England sent for him into France and crowned him their King Lewes the 6. dying without issue being the last King of Pipens blood who enjoyed the Crowne 10. discents Hugh Capet usurped the Crowne putting by Charles Duke of Loraigne Vncle and next heire to Lewes whom by the Treason of the Bishop of Laon he took prisoner After which the Crowne continued in this Hugh and his Heires Philip the 2. of France by a counsell of his Prelates was excommunicated for refusing to take Ingebert his wife whom he unlawfully put from him and to renounce Mary whom he had married in her stead And calling a Parliament they concluded that King Iohn of England should be summoned to appeare as the French Kings Liege-man at another Parliament to be holden at Paris within 15. dayes after Easter to answer to such questions as there should be proposed to him for the Dutchy of Normandy and the County of Angeou and Poytiers who not appearing at the day Philip hereupon invaded and seized them After which Lewes the 9. and Henry the 3. of England in a parliament at Paris made a finall composition for these Lands Lewes the 10. being under age was thought of many unsufficient to govern the Realm and when he had a mind to goe to the holy Warre as it was then deemed he did not undertake it but by the advice of his great Councell of Spirituall and Temporall Lords and persons who assisted him therein Philip the 4. in the 27. yeare of his Raigne raised a great Taxe throughout France which before that time was never heard nor spoken of by his absolute Prerogative without consent of his Estates in Parliament which had the sole power of imposing Taxes Which Taxe all Normandy Picardy and Champaigne allying themselves together utterly refused to pay which other Countries hearing of tooke the same opinion so that a great rumour and murmur was raised throughout the Realme of France in such wayes that the King for pacifying the people was faine to repeale the said Taxe Lewes 11. of France dying without issue male left his Queen great with child whereupon Philip his Brother reigned as Regent of France till the childe was borne which proved a male named Iohn who dying soone after Philip was crowned King at Paris albeit that the Duke of Burgoyn and others withstood his Coronation and would have preferred the Daughter of King Lewes But other of the Lords and Nobles of France would not agree that a woman should inherit so great a Kingdome it being contrary to the Salique law This Philip by advise of evill counsell set a great Taxe upon his Commons to the Fifth part of their movable goods at which they murmured and grudged wondrous sore and before it was levied hee fell into a Feaâ—â—r Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxe Charles the fifth of France having a purpose to drive all the English cut of Aquitaine and other parts of his Kingdome and being provided of all things which he thought needfull for the doing of it yet would not undertake the warre without the counsell and good liking of the Nobility and people whose helpe he was to use therein Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice and by their wisdome to amend what had by himselfe not altogether so wisely been done and considered of And this warre being at last decreed by the Councell prospered in his hand and tooke good successe Whereas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Councell then they contemne and set them at naught or else fearfully and negligently do the command of their Princes of which contempt of Lawes Magistrates and seditious speeches ensue among the people and so at length most dangerous rebellion or else open conspiracy against the Prince as Bodin observes This Charles dying without Issue Maie leaving his Wife great with Childe Philip Earle ofValoyes his Nephew was by the Barons and Lords made Protector and Regent of the Realme of France untill such time as the Queene was delivered who being brought to bed of a Daughter onely hereupon Philip was crowned King Betweene him and King Edward the third of England and their Councells arose great disputations for the Right and Title to the Crowne of France for it was thought and strongly argued by the Councell of England for so much as King Edward was sonne and sole Heire to his Mother Queene Isabel daughter to King Philip le Beaw that he should rather be King of France then Philip de Valoyes that was but Cousin German to Philip le Beaw Of which disputations the finall resolution of the Lords and Parliament was That for an old Decree and Law by Authority of Parliament long before made which the English much oppugned that no woman should inherite the Crowne of France therefore the Title of Edward by might of the Frenchmen was put by and Philip by an Act of the whole French State by which his right was acknowledged admitted to the Government of the same After
power to pardon any Delinquâ—rts against the Nation or Countrey All which considered prove the whole State Kingdom and Councels among the Spanish Gothes to be about their kings who were lyable to their restraints excommunications Laws Censures Depositions for their male-administrations vicious lives and not successive but elected by them Pâ—lagius the first king of Oviedo was elected king and that kingdom erected by the generall consent of the people oppressed by the Moors about the year 618. during whose reign there were severall Vice-royes of the Moors in Spain as Alcazazin and Alhatan and others His sonne king Fasila was slain by a Bear which he pursued in the mountains I doubt his Subjects would have resisted him as well as the Bear had he made war upon them Froila the fourth king of Ovedo treacherously slew his own brother Vtmaran a gallant Knight generally beloved out of jealousie lest he should usurpe the Crown in revenge of whose death he was soon after slain by his own brother Aurelius Anno 767. who succeeded Froila in the Realm notwithstanding he leâ—t a son called D Alphonso the chaste but the hatred that the Noblemen did bear unto his father was the cause of his rejection being then also very young whereby it appears that the right of succession was not in those dayes practised in Spain Sâ—llâ— his brother-in-Law succeeded him after whose death by generall consent the kingdom was given to Alphonso Ramir the tenth king of Oviedo did that which all other Princes abhor for he received his son to be companion with him in his kingdom and caused his brother Garcia to reign with him so as there were now two kings and Courts in Oviedo both agreeing well together Anno 894 Froila dying without issue because his children were too young to reign the Nobles conferred the Kingdom on Alphonso the fourth who after five years turned Monke Ramir the third twentieth king of Leon abandoning himself to a voluptuous life contemned all good counsell so as the Earls and Noblemen of Gallicia seeing his folly and discontented with his vices scorned him and would no more acknowledge him to be their king electing Bermund for their Soveraigne and intituled him king of Gallicia which title he enjoyed ten years About which time the Moors in Spain which had one king reigning at Cordova after the death of king Mahomet made so many petty kings as there was scarce any good town in Spain but had a particular King which made strict alliances among themselves for the preservation of their estates Anno â—07â— Garcia king in Gallicia growing a tyrant spoiled and ill intreated his Subiects governing himself after the appetite or a base woman who put the Nobilitie and Gentry in favour or disgrace with the king as she pleased so as in the end growing insupportable certain Knights slew her in the kings presence His brother Sancho taking advantage of the peoples hatred entred his Realm with a great Army who thereupon being deserted generally by his people fled to the Moors for ayd and fell to spoil his own Countrey after which he was defeated taken prisoner and so kept in the Castle of Lune with a good Guard till his death I read in Iohn Mariana that in the Councill of Florence under Pope Victor the second Anno 1055. Hildebrand a Cardinall Deacon Embassadour to Henry the second Emperour of Germany complained in the Councill against Ferdinand king of Spain in the Emperors Name That against the Custom of his Ancestors and prescript of Laws he did with incredible arrogancy and levity hold himself exempt from the power of the Roman Empire which iniury himselfe could gladly suffer if there were no other losse but of his own honour But since the estate of Christendom could not well subsist and the Popes Authority would likewise be impaired unlesse all Christian kingdoms were united and knit together under one temporall head the Emperour whom they should obey they ought to suppresse the springing temerity in the Wombe lest by their neglect spreading it self into other Provinces animated with the sweet and oft-times deceitfull name of libertie the sacred Majestie of the Empire and Popedom should be reduced to an empty title wherefore he desired them to interdict all Spain and excommuniate the King which if they did he would be assistant to the Churches honour and Republiks safety then indangered But if they refused it out of fear he would not be wanting to the honour of the Empire would certainly look to himself in private The Pope after some deliberation approved this motion as just thereupon sends Legats to Ferdinand in his own and the Councils name to satisfie the Emperors demands forthwith under pain of present excommunication The King doubtfull and fearfull whether to obey or not summons a generall Assembly of the Estates of the Realme The Clergy and religious sort of men perswaded submission for fear of the Popes excommunication the fearfuller sort concurring with them by reason of the Emperours power and their own weaknesse and distraction and the Kings desires of peace inclined most to their opinion But some heroick spirits thought that a most grievous yoke should thereby be laid on the liberty of Spain which being once admitted on their necks they should hardly shake off again that it was better to die fighting then that the Republike should be involved in so great a mischief and indignitie Rodoricus Diacius a noble Spanyards opinion then absent from the assembly being required by the king and it answered That this was no matter of Counsell that what was gotten with Arms was to be defended with Arms that it seemed most unjust that the fruit of others valour should return to those who in their lost condition had not communicated in the labour and danger which recovered it that it was better to die valiantly than to lose the liberty gained by their Ancestors to become a mocking-stock to a barbarous and cruell nation who contemned all men but themselves whose ears were proud whose speeches contumelious whose accesse difficult riotings new cruelty inhumane Shall we who have yet hardly escaped the servitude of Moors undergo a new bondage prepared from the Christians They will deride both us and ours Doth the whole world as farre as Christianity extends it selfe obey the German Emperours Shall all the grace power honour riches gained by ours and our Ancestors blood give place to the Germans Shall they leave dangers repulses iudgemen want to us Shall Germany again lay on us the yoke of the Roman Empire which our Ancestors have shaken off Shall we be a vulgar people without grace without Empire without authority obnoxious to those to whom if we had vigorous mindes if we were men we might be a terrour But it is difficult to resist the Emperous endeavours not to obey the Roman Pontifs commands verily it a basnesse of spirit for an uncertain fear of war to involve the Commonwealth in most
to their charge the King and his houshold servants on the other side denied that there was either Law or custom which tyed the King or his followers to any such subjection In the end it was concluded that the reformation of the Court should be made by twelve of the principall Families the like number of Knights four Deputies of Saragossa and one of either of the other Cities the which should give their voices in that case This Vnion of Aragon obtained likewise a Decree that the King should have certain Councellors chosen to wit four of the chief Nobility four Knights of noble and ancient races four of his houshold servants two Knights for the Realm of Valencia two Citizens of Saragossa and one of either of the other Cities whom they particularly name with a condition that whilest the King should remain in Aragon Ribagorca or Valencia two of those Noblemen two of his servants two Knights of Aragon one of Valencia and the four Deputies of the Realm of Aragon should follow and reside in his Court AS COVNCELLORS APPOINTED BY THE VNION who protested by solemn Deputies sent to the King to that end that if he did not receive observe and maintain those orders THEY WOVLD SEIZE VPON ALL HIS REVENVES and on all the fees Offices and dignities of such Noblemen as should contradict them Thus were the Kings of Aragon intreated in those times by their subjects who entred into a Vnion between themselves resolving That for the common cause of liberty Non verbis solum SED ARMIS CONTENDERE LICERET that it was lawfull for them to contend not onely with words BVT WITH ARMS TO and determined in this assembly of the States A Comitijs intempestive discedere REGI NEFAS ESSE That it was unlawfull yea a grand offence for the king to depart unseasonably from his Parliament before it was determined Our present case Iames the second of Aragon being in Sicily at the death of King Alphonso Don Pedro his brother assembled the Estates at Saragossa to consult lest the State in his absence would receive some prejudice where James arriving having first sworn and promised the observation of the Rights and Priviledges of the Countrie was received and crowned king About the year 1320 Iames by advice of his Estates held at Tarragone made a perpetuall Vnion of the Realms of Arragon and Valencia and the Principality of Catâ—lone the which from that time should not for any occasion be disunited In which assembly Don Iames eldest son to the Crown being ready to marry Leonora of Castile suddenly by a strange affection quitting both his wife and succession to the Realm of Arragon told his Father That he had made a vow neither to marry nor to reign so as notwithstanding all perswasions of the King and Noblemen he quit his Birth-right to his Brother Don Alphonso after the example of Esau discharged the Estates of the Oath they had made unto him and presently put on the habite of the Knights of Ierusalem Whereupon his second brother was by the Estates of Arragon acknowledged and sworn heir of these Kingdoms after the decease of his father At this time the Authority of the Iustice of Aragon was so great That it might both censure the King and the Estates and appoint them a place and admit them that did assist or reject them Ferdinand the fourth king of Castile being but a childe when his father Sancho died was in ward to his mother Queen Mary his Protectresse he had two competitors to the Crown Alphonso de la Cede and Den Iohn who making a strong confederacy were both crowned Kings against right by severall parts of his Realm which they shared between them The States assembled at Zamora granted great sums of money to Ferdinand to maintain the wars with his enemies and procure a dispensation of Legitimation and marriage from the Pope who would do nothing without great fees After which he summoning an assembly of the Estates at Medina they refused to meet without the expresse command of the Queen Mother who commanded them to assemble and promised to be present After this divers accords were made twixt him and his competitors and at last calling an assembly of the Estates to assist him in his warres against the Moors he soon after condemned two Knights called Peter and Iohn of Caravajal without any great proofs for a murther and caused them to be cast down headlong from the top of the Rock of Martos who professing their innocency at the execution they adjourned the king to appear at the Tribunall Seat of Almighty God within thirty dayes after to answer for their unjust deaths who thereupon fell sick and died leaving his son Alphonso the 12 very young for whose Regency there being great competition the inhabitants of Avila and their Bishop resolved not to give the possession and government of the Kings person to any one that was not appointed by the assembly of the Estates Whereupon the Estates assembling at Palence committed the government of his person to Q. Mary his Grandmother and Queen Constance his mother who dying another Assembly of the Estates was called at Burgos Anno 1314. who decreed that the Government of the King and Regencie of the Realme should be reduced all into one body betwixt Q Mary Don Pedro and Don Iohn and if any one of them should dye it should remain to the two other that did survive and to one if two dyed After this Anno 1315. these Tutors and Governours of the Realme of Castile were required by the Estates in an Assembly at Carrion to give caution for their government and to give an account what they had done Who often jarring and crossing one another divers Assemblies of Estates were oft called to accord them Anno 1320. The Estates assembling appointed new Governours of the King and Realme who discharging their trust very lewdely and oppressing the People Anno 1326. they were discharged of their Administration at a Parliament held at Vailledolet in which the king did sweare to observe the fundamentall Lawes of the Realme and to administer justice maintaining every one in his Estate goods and honour Which done the Deputies of the Estates swore him Fealty This King afterwards proving very cruell and tyrannicall his Nobles and Subjects oft times successively took up defensive armes against him his Tyranny augmenting their obstinancy and procuring him still new troubles Whereupon at last discerning his errours he became more mild and often assembled the Estates in Parliament who gave him large Subsidies to maintain his warres against the Moores The Province of Alava had a custome to chuse a Lord under the Soveraignty of Castile who did govern and enjoy the revenues appointed by the Lords of the Countrey for the election of whom they were accustomed to assemble in the Field of Arriaga those of this Election being called Brethren and the Assembly of the Brotherhood Notwithstanding in the yeer 1332. the
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
subjects to him he ratified with a most solemne oath the oblivion of his former courses he committed every most wicked person to prison as if he reserved them for punishment and religiously promised that he would doe nothing hereafter but by the advice of his Nobles When by these things he had given assurance of his sincere mind he celebrated the agreement with pastimes banquets and other signes of publique gladnesse and now all mens minds being taken up with joy he called most of the Nobility to a supper where when he had shut them up improvident and unarmed in one roome sending in his assasinates he slew them every one This calamity not so much terrifying as exasperating the minds of the rest with new flames of anger they gathered a great army together all men conspiring to take away this detested monster whom they slew in battell together with his wicked confederates After whose slaughter the Nobles putting by Durstus sonnes lest they should imitate their fathers vices elected his brother Even King with unanimous consent who hating Durstus his tyranny had voluntarily banished himselfe among the Picts Even dying leaving a bastard sonne called Gillo he procured himselfe to be elected Viceroy till a new King should be chosen and got the Kingdome confirmed to him but yet not deeming himselfe secure as long as any of Durstus his family remained he treacherously slew Durstus his two eldest sonnes with all his kindred and familiars With which the Nobles being much discontented and fearing worser things privily raised an Army against him who finding himself generally deserted but by a few flagicious persons who feared punishment He was forced to flie in a Fisherboat into Ireland whereupon the Scots created Cadvallus their Vice-roy and after that created Even their King who conquering Gillo in Ireland he was forced to fly into a Cave where he was taken and his head cut off King Even the third not content with an hundred Concubines of the Nobility made a Law That it should be lawfull for every one to marry as many Wives as he could keepe and that the King should have the mayden-head of Noble women and the Nobles of the Plebeans before they were married and that the common peoples Wives should be common for the Nobles Besides luxury cruelty and avarice were the companions of this his flagitious life he murthering the rich to get their wealth and favouring tâ—eeves to shâ—e in their robberies whereupon the Nobles and people conspiring against him and taking up Armes he discerned how unfaithfull the society of ill men is for being deserted by his party as soone as the battell began he came alive into his enemies hands and was committed to peâ—petuall prison his life being spared by the intercession of Cadalan who was made Vice-roy in his stead but soone after he was strangled in the prison by one whom he had formerly injured King Corbreds sonne being within age at his death the Assembly of the States made Dardan King who within three yeeres space rushing into all kind of vices bannished all prudent and honest men out of his Court kept none but flatterers about him slew Cardorus and divers others vertuous men who advertised him of his faults and to take away the feate of succession plotted the death of Corbred Galdus and others whereupon the Nobles and people by unanimous consent rose up against him slew his evill instruments routed his Forces tooke him prisoner whilst he was about to murder himselfe cut off his head which they carried about for a laughing-stocke and threw his corps into a jakes after he had raigned foure yeeres Luctacke the 22 King of Scots giving himselfe wholly to Wine and Harlots sparing the chastity of none though never so neere allied to him nor their husbands never so great deflowring his owne Sisters Aunts Daughters joyning inhumane cruelty and insatiable avarice to his lust and depraving the youth of the Country corrupted by his example when as no man durst resist him was at last convented before an Assembly of the chiefe men where being more freely reprehended for those crimes he commanded the chiefe of them to be drawne away to punishment as seditious calling them old doting fooles Whereupon the people assembling together slew both him and the instruments of his wickednesses when he had scarce reigned three yeeres space Mogaldus was elected King in his place who carefully reforming all the abuses and corruptions of Luctack in the beginning of his reigne yet fell at last unto them in his old age and grew so odious by his vices to the Nobles and common people that they weary of him rose up against him he being unable to resist them wandred up down with one or two Companions in secret places seeking to escape by flight but was at last taken and slaine Conarus his sonne and successor giving himselfe to all manner of luxurie and lust brought the Realme in short time to great penury giving Lands and riches to most vile and naughty persons because they favoured his corrupt living and invented new exactions upon his people Whereupon summoning a Parliament he demanded a Tribute of them to support his State and Court in Honour who taking time to deliberate and understanding at last that this his hunting after money proceeded not from his Nobles but from the inventions of Courtflatters they resolved to commit the King to ward as unfit to governe untill he renouncing the Crowne they should elect another King Whereupon the next day he who was first demanded his opinion Declaimed sharply against the Kings former life his bauds and companions as unprofitable in warre troublesome in peace full of shame and disgrace shewed that the Kings revenues were sufficient to maintain him if he lived within compasse that the rest might be supplied out of the estates and by the death of those on whom he had bestowed the publique patrimony and that the King in the meane time should be committed to custody as unfit to rule till they elected another who might teach others by his example to live sparingly and hardly after their Countrey custome and might transmit the discipline received from their ancestors to posterity With which free speech he growing very angry instead of pacifying their discontented minds inflamed them more with his cruell threatnings whereupon the King being laid hâ—nds on by those who stood next him was sâ—ut up in a Hall with a few attendants his Courtiers the authors of ill counsell were presently brought to punishment and Aâ—gâ—â—us a Nobleman made Vice-roy till the people should meet to elect a new King after which Câ—naâ—â— spent with griefe and sicknesse died in prison King Ethâ—dâ—us his sonne being an infant â—i brother Tetraâ—ell was chosen King who murthering his nephew cutting off divers of the Nobles and spoâ—ling the common people to establish the Kingdome in himselfe he grew so edicus and so much dâ—minished his authority in a short time that he stirred up divers seditions which he
not daring to goe abroad to suppressâ— bâ—ing generally hated was at last strangled by his own fellowers in the night in his own House Ethedius the 2. being a stupid man and of a duller wit then was suitable to the government of so fierce a people the Nobles hereupon assembling together oâ—t of their respect to the family of Fergusius would not wholy deprive him of the name of a King though he were slothfull being guilty of no crime but assigned Him governours to execute Justice in every County at last he was slain in a tumult of his familiars King Athirco his sonne degenerating from his former vertues and growing extreamely covetous angry luxurious sloathfull and leaving the company of all good men was not ashamed to goe openly in the sight of the people playing upon a Flute and rejoycing more to be a Fiâ—ler then a Prince whereby he became very odious to the people at last ravishing the daughters of Nathalocus a Noble man and then whipping and prostituting them to his lewd companions lusts thereupon the Nobles rising up in Armes against him when he had in vain endeavoured to defend himself by force being generally deserted by his own people who hated him for his wickednesse he murthered himself and his brother Donus was enforced to flie with his little ones to the Picts to save his life Nathalicke succeeded in his Realme governing it ill by indigent ordinary persons who would attempt any wickednesse and treacherously strangling divers of the Nobility who were opposites to him in the prison to which he committed them to establish his Kingdome thereupon their friends with others being more enraged against him raised an Army to suppresse him which whiles he endeavoured to resist he was slain by one of his own servants or as some say by a Sorceresse with whom he consulted to know his end King Findocke being treacherously slain through the conspiracy of Carantius his second brother Donald his third brother was elected King Donald of the Isles usurping the Realme by violence so farre oppressed the people by ill officers and discords raised amongst them that he durst seldome stirre abroad he never laughed but when he heard of the discord and slaughter of his Nobles for which he was at last surprised and slaine by Crathilinthus who was unanimously elected King and slew all thâ—s tyrants children After the death of Fircormarch there were great divisions and warres for the Crowne between Romach and Angusian two brethren Romach at last conquering his brother and chasing him into Ireland gained the Crown rather by force then love of the people which to preserve he shewed himselfe very cruell to the adverse party reduced capitall causes to his owne arbitrement and putting many to death strucke a generall feare in all good men Upon this he grew so generally odious to all estates that they conspired against and suppressed him before he could collect his Forces and cutting off his head carried it about 〈◊〉 Poll as a joyfull spectacle to the people Constantine the first of Scotland as soone as he obtained the Crowne loosed the reines to all Vices he was cruell and covetous towards his Nobles kept company with men of the basest Ranke gave himselfe onely to the rapes of maides matrons and immoderate feasts having fidlers Stage-players and ministers of all sorts of pleasures almost about him with which vices the Nobles of Scotland being offended admonished him of his duty But he proudly contemning them wished them to looke after other matters saying he had councell enough from others and that they should lay aside their false hope that they could reclaime the King by their Councell On the contrary he was of so poore a dejected Spirit towards his enemies that he not onely granted them peace but remitted them injuries and restored them Castles as soone as they demanded them Which caused the Picts and Scots to consult together to depose him by force of Armes from which Douglasse disswaded them for the present by reason of their forraigne wars with the Britans and Saxons In the end he was slaine for ravishing a Noblemans daughter in the 15. yeare of his Raigne King Goran was slaine by the people for favouring Towers chiefe Inquisitor or judge of capitall causes who much oppressed the people his children being young Hugonius succeeded to the Crown and afterwards his brothers Congalus and Kumatel after whom Ardan the sonne of King Goran reigned Ferquhard the 52. King of Scots a craftie man desiring to turne the Kingdome into a tyrannie nourished great divisions among the Nobles but they discovering his malice privily enter into an accord among themselves and calling a Parliament sommoned him thereunto who refusing to appeare keeping within his Castle they thereupon tooke it by force and brought him to judgement against his will where many and grievous crimes among others his cruelty and negligence in the affaires of the Common-wealth the Pelagian Heresie with contempt of Baptisme and the other Sacraments were objected against him of none whereof he being able sufficiently to purge himselfe was cast into prison where out of shame and sorrow he slew himselfe Ferquhard the second a man polluted with all kinde of wickednesse an unsatiable desirer of wine and money inhumanely cruell towards men and impious towards God when he had every where vexed others with cruelty and rapines at last turned his fury against his owne slaying his owne wife and ravishing his owne daughters for which wickednesses he was excommunicated but the Nobles willing to assemble together to punish him were diswaded by holy Bishop Colman who told the King openly that some Devine judgement would shortly seize upon him which fell out accordingly for falling into a Feaver and not abstaining from his intemperance he was eaten up of lice Maldwin 55. King of Scotland was strangled by his Queen for suspition of Adultery with an Harlot for which fact she her selfe was burned 4 dayes after Amberkelethus a vicious wicked king was slain by one of his own men with an arrow in the night when he was marching against the Picts whereupon lest the Army should be dissolved or left without a Generall Eugenius the 7 th was presently chosen King in the Tents who making peace with the Picts his wife being slaine in his bed by two conspirators who sought his life the king being suspected of this murther was thereupon imprisoned but before his triall set at liberty by the apprehension of the Murtherers King Eugenius the 8 th rushing into all Vices and neither regarding the admonitions of his Nobles or Clergie was for his filthy lusts covetousnesse and cruelty slaine in the assembly of his Lords by their generall consent and his companions in wickednesse and villany hanged which was a gratefull spectacle to the people Fergusius the third succeeded him both in his Crowne and Vices he was a foule drunken glutton and so outragiously given to Harlots that he neglected his owne wife and brought her to such poverty
will give one Tribe to thy Sonne for my servant Davids sake and for Jerusalems sake which I have chosen In pursuance whereof the Prophet Ahijah rending Ieroboams garment into 12 peeces said to Ieroboam Take thee ten peeces for thus saith the Lord the God of Israel Behold I will rend the kingdom out of the hand of Solomon and will give ten Tribes to thee BECAVSE THAT THEY HAVE FORSAKEN ME and have worshipped the Goddesse of the Zidonians c. AND HAVE NOT WALKED IN MY WAYES to doe that which is right in mine eyes to keep my Statuts and my judgements as did David his Father howbeit I will not take the whole Kingdome out of his hands but I will make him Prince all the dayes of his life for David my servants sake whom I chose because he kept my Commandements and my Statutes But I will take the Kingdome out of his sonnes hand and give it unto thee even ten tribes And unto his sonne will I give one tribe that David my servant may have a light alway before me in Ierusalem the City which I have chosen to put my name there And I will take thee and thou shalt reigne according to all that thy soule desireth and shalt be King over Israel But what without any limitation or condition at all think you No such matter And it shall be IF THOV WILT HEARKEN VNTO ALL THAT I COMMAND THEE and wilt walk in my wayes and doe that is right in my sight to keep my Statutes and my Commandements as David my servant did that I will be with thee and build thee a sure house as I built for David and will give Israel to thee And I will for this afflict the seed of David but not for ever Loe here both Kingdomes of Iudah and Israel are given and entailed on David Solomon and Ieroboam onely upon condition of good behaviour which not performed they shall be rent from either And was this only a vain idle condition as some deem the Covenants and Coronation oathes of Kings to God and their Kingdoms Surely no for we read experimentall verifications of them in King Rehoboam Who answering all the people and Ieroboam when they came to Sechem to make him King roughly according to the Counsell of the young men and threatning to adde to their yoake instead of making it lighter and hearkning not unto the people FOR THE CAVSE WAS FROM THE LORD that he might perform his saying which he spake by Abijah the Shilomite unto Ieroboam the sonne of Nebat thereupon when all Israel saw that the King hearkned not unto them the people answered the king saying What portion have we in David neither have we inheritance in the son of â—esse to your tents O Israel now see to thine own house David so Israel departed to their tents stoned Adoram who was over the tribute whom Rehoboam sent to appease them Whereupon Rehoboam made speed to get him into his Chariot to flee to Ierusalem So all Israel fell away from the house of David to this day and calling Ieroboam unto the congregation made him King over all Israel there was none that followed the house of David but the tribe of Iudah onely Vpon this revolt when Rehoboam was come to Ierusalem he assembled all the House of Iudah with the tribe of Benjamin an hundred and fourescore thousand chosen men which were Warriers to fight against the house of Israel to bring the Kingdome again to Rehoboam the sonne of Solomon But the Word of God came unto Shemaiah the man of God saying speake unto Rehoboam the sonne of Solomon King of Iudah and unto all the house of Iudah and Benjamin and to the remnant of the people saying Thus saith the Lord Yee shall not goe up nor fight against your brethren the children of Israel return every man to his house For this thing is done by mee They hearkned therefore unto the Word of the Lord and returned to depart according to the Word of the Lord. Behold here an experimentall for feiture of a kingdome and translation of the major part of it to another family for Solomons idolatry executed by the peple through Gods appointment which being fore-threatned in the generall by God himselfe to David and by David to Solomon in case he transgressed predicted by way of menace to Solomon and Ieroboam by God himselfe and his Prophets after Solomons transgression executed by the people by Gods speciall direction and approbation and thus owned and justified by God in the peoples behalfe after the execution when Rehoboam would have made war against them for this revolt must certainly be acknowledged not only a iust and warrantable action in respect of God himselfe but likewise of the people unlesse we will make God himselfe the Author and approver of rebellion By all which it is apparant that Solomon and Rehoboam held their Crownes onely upon condition from God the breach whereof might and did forfeit them to the people in some measure And so did Ieroboam too hold the kingdome of Israel newly erected by the people after this revolt upon the conditions of obedience already mentioned which being violated by his setting up 2 calves in Dan and Bethel out of an unwarrantable policy to keep the people from returning to Rehoboam if they went up to Ierusalem to worship this thing became sin to the house of Ieroboam even to cut it off and destroy it from off the face of the earth 1 King 13. 34. For Ieroboam committing idolatry with the Calves Ahijah the Prophet sent him this sharp message by his wife 1 K. 14. 7 8 9 10 11. Go tell Jeroboam Thus saith the Lord God of Israel for as much as I exalted thee from among the people and made thee prince over my people Israel and rent the Kingdom away from the house of David and gave it thee yet thou hast not been as my servant David who kept my Commandements and who followed me with all his heart to do that onely which was right in mine eyes but hast done evill above all that were before thee for thou hast gone and made thee other gods and molten images to provoke me to anger and hast cast me behinde thy backe Therefore behold I will bring evill upon the house of Ieroboam and will cut off from Ieroboam him that pisseth against the wall and him that is shut up and left in Israel and will take away the remnant of the house of Ieroboam as a man taketh away dung till it be gone Him that dieth of Ieroboam in the the Citie shall the dogs eat and him that dieth in the field shall the fowls of the ayre eat for the Lord hath spoken it Moreover the Lord shall raise him up a King â—ver Israel who shall cut off the house of Ieroboam in that day Neither was this an unexcuted commination for Ieroboam dying and Nadah his sonne succeding him both in his kingdom and idolatriâ—s wherewith
he made Israel to sinne Baasha by Gods just judgement conspired against him slew him reigned in his stead and when he reigned he smote all the house of Ieroboam so that be left not to him any that breathed according to the saying of the Lord which he spake by his servant Abijah because of the sins of Ieroboam which he sinned and which he made Israel sin by his provocation wherewith he provoked the Lord God of Israel to anger After which Baasha walking in the wayes and sins of Ieroboam notwithstanding this exemplary judgement of God on him and his posteritie the word of the Lord came to Iehu sonne of Hannani against Baasha saying Forasmuch as I exalted thee out of the dust and made thee Prince over my people Israel and thou hast walked in the way of Ieroboam and hast made my people of Israel to sinne to provoke me to anger with their sins behold I will take away the posterity of Baasha and the posteritie of his house and will make his house like the house of Ieroboam the son of Nebat him that dieth of Baasha in the City shall the dogs eate and him that dieth in the field shall the fowls of the Ayre eate which judgement was actually executed upon his evill sonne king Elah whom Zimri the Captain of his Chariots slew as he was drinking himself drunk in the house of Arza Steward of his House and reigned in his stead and assoon as he sat in his Throne he slew all the house of Baasha he left him none that pissed against the wall neither of his kinsfolks nor of his friends Thus did Zimri destroy all the house of Baasha according to the word of the Lord which he spake against Baasha by Iehu the Prophet for all the sinnes of Baasha and the sins of Elah his son by which they sinned and by which they made Israel to sinne in provoking the Lord God of Israel to anger with their vanities King Omri and Ahab his sonne going on in the sinnes of Ieroboam serving Baal to boot persecuting Gods prophets putting Naboth most injuriously to death for his Vineyard by Iezabels instigation and setting himself to work evill in the sight of the Lord above all that were before him Hereupon the Prophet Elijah tells him Thus saith the Lord Behold I will bring evill upon thee and will take away thy posterity and will cut off from Ahab him that pisseth against the wall and him that is shut up and left in Israel and will make thine house like the house of Ieroboam the son of Nebat and like the house of Baasha the sonne of Ahijah for the provocation wherewith thou hast provoked me to anger and made Israel to sinne And of Iezabel also spake the Lord saying The Dogs shall eat Iezabel by the wall of Iezreel him that dieth of Ahab in the City the Dogs shall eat and him that dieth in the field shall the Fowls of the Ayre eate Neither was this a vain threatning for Ahab being slain at Ramoth Gilead the dogges licked up his blood in the place where they licked the blood of Naboth and Iehoram his son succeeding him both in his Throne and sins God himself annoynted Iehu King over Israel of purpose to execute this his vengeance against the house of Ahab and Iezabel who in execution thereof slew both King Iehoram Ahaziah King of Iudah Iezabel and all Ahabs sons and posteritie his great men Nobles with all the Priests and worshippers of Baal till he left none of them remaining For which severe execution of Gods Iustice the Lord said unto Iehu Because thou hast done well in executing that which is right in mine eyes and hast done unto the house of Ahab according to all that was in mine heart thy children of the fourth generation shall sit on the Throne of Israel Which action of Iehu being thus specially commanded commended and remunerated with such a temporell reward by God himself must questionlesse be lawfull and no Treason nor Rebellion in Iehu unlesse we will charge God to be both the Author Approver and Rewarder of those sinnes After this Iehu walking in the sins of Ieroboam though God deprived him not for it yet he stirred up Hazael to spoil and waste his Countrey during all his reigne and the reigns of King Iehoahaz his son and Ioash his Granchilde who succeeded him in his idolatries and Zechariah the last king of Iehu's Race going in his Ancestors sinnes was slain by Shallum who reigned in his stead Shallum Pekahiah and Pekah three wicked idolatrous kings of Israel were by Gods just judgement successively slain one of another and by Hoshea So that all the Kings of Israel who violated Gods Covenants and conditions annexed to their Crowns did for the most part lose their lives Crownes and underwent the utter extirpation of their posterities being totally cut off by the sword neither succeding their Parents in their Crowns nor inheritances And though the royall Crown of Iudah continned in Davids Line till the Captivity of Zedekiah the last king of his Race yet when ever they infringed the conditions which God annexed to their Crownes and turned Idolaters or flagitious persons God presently by way of revenge either brought in forraigne enemies upon them which mastered conquered them and sometimes deposed and carried them away Captives or made them Tributaries as the examples of King Rehoboam afflicted by Shishak King of Aegypt for his sinnes and idolatry and by Ieroboam all his dayes of Ahijam Iehoram Alaziah Ioash Amaziah Ahaz Manasseh Iehoahaz Iehoiakim Iehoiachin and Zedâ—chiah whose Histories troubles captiâ—ities and punishments you may reade at large with others witnesse or else caused their own servants subjects enemies to rise up against them to slay them as is evident by e King Ahaziah Ioash Amaziah Ammon and others All which are unanswerable evidences and experimentall demonstrations that the Kingdoms of Iudah and Israel were both held of God upon conditions and that for the breach of these conditions they might be and oft times were by Gods Iustice on them both lawfully deprived of their Crownes and their posterities disinherited yea totally cut off for ever and in conclusion both these most eminent Kingdoms for the sins of kings and people were invaded destroyed and both Kings with people carried away captives by their enemies into forraigne Countries from whence the whole Nation never afterwards returned nor ever after attained to a king and kingdom of their own So fatall is it for Kings or Kingdoms to break those Covenants Laws Conditions which God himself hath prescribed them and so far are any Kings from being exempted from all Laws and left at libertie to do what they please that the breach of them proves destructive to them and theirs I shall onely adde to this by way of Corollary that all the Israelites Rulers Kings People did joyntly and severally for
Zuinglius Stephanus Iunius Brutus the author of the Treatise De Iure Magistratus in Subditos with others prove at large and Master Calvin yea Bishop Bilson himself assents to Such a Soveraign power had the whole State and Congregation of Israel and Iudah over their kings themselves whose estates in their Crownes and Kingdoms by Gods own institution was not absolute but onely conditionall and subject unto forfeiture upon breach of these Covenants and Conditions by which they did injoy them Fourthly The Kings of Iudah and Israel were no absolute Soveraign Princes paramount their whole Kingdoms the generall Congregation of the people Senate or Sanhedrin but inferiour to them in power and not onely counselled but over-ruled usually by them in matters of publike concernment This is evident not onely by Iosh 22. 11. to 34. and Iudges 20. and 21. where the whole Congregation of Israel as the Soveraign power in the dayes of Ioshua and the Iudges assembled about the great causes of the Reubenites Gadites and halfe the Tribe of Manasseh concerning their Alter and of the Gibeonites and Benjamites concluding both matters of publike war and peace But likewise by the peoples rescuing Ionathan out of the hands and power of King Saul his father that he died not though Saul had twice vowed that he should be put to death 1 Sam. 14. 38. to 36. And the people said unto Saul Shall Ionathan die who hath wrought this great salvation in Israel God forbid as the Lord liveth there shall not one hair of his head fall to the ground for he hath wrought with God this day So the people rescued Ionathan that he died not By the 1 Chron. 13. 1. to 7. where thus we reade And David consulted with the Captains of thousands and hundreds and with every Leader and David said unto all the Congregation of Israel If it seeme good unto you and that it be of the Lord our God let us send abroad unto our brethren every where that are left in all the land of Israel and with them also to the Priests and Levites which are in their Cities and Suburbs that they may gather themselves unto us and let us bring again the Ark of our God to us for we enquired not at it in the dayes of Saul And all the Congregation said that they would do so For the thing was right in the eyes of all the people And David went up and all Israel to Baalah to bring up thence the Arke of God the Lord. Compared with the 1 Samuel 18. 2 3 4. where when David sent out the people to battell against Absalon under three Commaunders the King said unto the people I will surely goe forth with you my selfe also But the people answered Thou shalt not go forth for if we flee away they will not care for us neither if halfe of us die will they care for us but now thou art worth ten thousand of us therefore now is better that thou succour us out of the Citie And the king said unto them Whatsoever seemeth you good that I will doe and thereupon stayed behinde in the City as they advised him So he likewise followed Ioabs advice to go forth and sit in the gate and speak comfortably to the People after his mourning for Absalons death else not one of the People would have tarried with him that night 2 Samuel 19. 1. to 20. and by this means All the people came before him though they had formerly fled every man to his tent and he so engaged them to him That all the people were at strife thorowout all the Tribes of Israel to bring the King back again to Gilgal whence Absalon had chased him Adde to this the 1 Kings 12. 1. to 25. and 2 Chron. c. 10. and 11. where we finde that after Solomons death All Israel came to Sechem to make Rehoboam King and all the Congregation of Israel spake unto Rehoboam saying Thy father made our yoak grievous now therefore make thou the grievous service of thy Father and his heavy yoak which he put upon us lighter and we will serve thee And he said unto them Depart ye for three dayes and then come again and the people departed In the mean time he consulted first with the old men after that with the young men about him what answer he should return who giving contrary advice Ieroboam and all the people coming to him again the third day the King answered the people roughly after the counsell of the young men saying My Father made your yoke heavy and I will adde to your yoke My Father chastised you with whips but I will chastise you with scorpions So when all the people saw that the King hearkned not to them the people answered the King saying What portion have we in David neither have we inheritance in the son of Iesse to your tents ô Israel now see to thine own house David So Israel departed to their Tents and fell away from the house of David unto this day And all Israel called Ieroboam unto the Congregation and made him King over all Israel And the Text expresly addes this memorable observation Wherefore the King hearkned not unto the people for the cause was from the Lord that he might perform his saying which the Lord spake by Abijah the Shilonite to Ieroboam the son of Nebat Where we see the Kings not hearkning to the people and congregation of Israel in their just request and giving them an harsh answer was a sufficient ground and occasion for them to cast off his government and elect another King to reign over them and that with Divine approbation from God himself Such was the whole peoples and congregations Soveraigne power over their Kings We reade in the 1 Kings 20. 1. to 10. that when Benhadad king of Syria gathered a great Host and sent to Ahab king Israel to resign up all his silver gold Wives Children and pleasant things into the hand of his servants Then the king of Israel called all the Elders of the Land and said Heark I pray you and see how this man seeketh mischief for he sent unto me for my Wives and for my Children for my silver and for my gold and I denyed him not And all the Elders and all the people said unto him Hearken not unto him nor consent Wherefore he said unto the messengers of Benhadad tell my Lord the King all that thou didst send for to thy servant at first I will do but this thing I may not do Where the Elders and people both advise and over-rule the King in this matter of great importance both to the Kingdom and King who returned no answer to this publike case without the congregations publike advise So Hezekiah king of Iudah sent to all Israel and Iudah and wrote Letters also to Ephraim and Manasseh that they should come to the house of the Lord at Ierusalem to keep the Passeover unto the Lord God
King and his Councell in disposing all Officers all places of command and trust under him The Confederacie and Contributions of forraign Popish States to maintain this warre to ruine the Parliament Kingdom Religion and re-establish Popery in its universall extent with the large progresse the Papists have lately made in Ireland Scotland and England to accomplish this their long-agitated Conspiracie and the late strange proceedings in Ireland where the best Protestants are displaced disgraced restrained the Popish Rebels advanced and a truce negotiated if not fully concluded with the Rebels to the end that all their forces may be speedily transported hither to ruine our Religion and cut all our throats enough to awake the most stupid English spirits and rouze them up to a speedy unanimous resolution to unite all their purses and forces to the Parliament against the Popish Conspirators and these bloody Butchers now ready to devoure us and then I douâ—t not if they have any true love to God Religion King Countrey themselves or their Posterities they will soon change their former opinions and practises against the Parliaments just proceedings and joyn hearts hands forces yea their uttermost endeavours with them to prevent and ward off that imminent destruction which now hangs over our heads and will in short time wholly ruine us if God open not our eyes and unite not all our hearts and mindes unto the Parliament with one unanimous resolution to oppose these cursed Confederates who have plotted occasioned all these warres and miseries under which our Kingdomes now groan and languish which long plotted Treacherie in humane probabilitie can no wayes be prevented nor a settled peace and Reformation established but with the totall suppression of the Popish partie now in Arms and by rescuing His Majesties person Children forces out of their Trayterly hands and power whose death they have conspired long agoe if he refuse to grant them an universall open toleration of their Antichristian Religion in all His Kingdoms and then to seise upon the Prince and train him up in their Religion which how easie it is for them to effect now they have the King Prince the Kings Ports his Forces in their power yea potent Armies of their own in the field here and such a force of Irish Rebels now ready to be shipped over to Chester Milford and Bristoll for their assistance and enforcement to over-power the Protestant party in the Kings Armies no understanding man can without fear and trembling coâ—sider O then if ever we will shew our selves faithfull valiant couragious magnanimous bountifull really cordiall and loyall to our King Kingdoms Countrey Parliament Religion Laws Lives Liberties Kinred Families Posterities Let all who professe themselves Protestants lay aside all causelesse jealousies and prejudices against the Parliament or any others and now speedily unite all their Prayers Hearts Hands Purses Forces Counsells and utmost endeavours together to defend secure them all against these forraign and domestice Jesuiticall Romish Confederates and if any prove traiterous fearfull cowardly unfaithfull base or faint-hearted in this publike Cause as too many who deserve to be made spectacles of treachery and cowardise to posteritie and cannot without injustice or dishonour to the Parliament and Kingdom be suffered to scape scot-free without severe exemplary punishment have done to their eternall infamy and betraying of their Countrey the present generations shall abhorre them posteritie curse and declaim against them as most unnaturall Monsters unworthy to breath in English ayre or enjoy the name the priviledges of English men or Protestants There is a double kinde of Treachery in Souldiers both of them adjudged Capitall The first proceeds from a sordid pusillanimous fear unworthy the spirit of a Souldier and this is Câ—pitall both by the Civill and Common Law By the Civill Law The Souldiers who first begin to flye or but fain themselves sick for fear of the Enemy are to be adjudged to death for this their cowardize Yea Lacaena and Dametria two magnanimâ—us Women slew their timorous sonnes who fled basely from the battle with their own bands disclaiming tbem as degenerous Brats and not their sonnes the latter of them inscribing this Epitaph on her sonnes Tombe Hunc timidum Mater Dametriam ipsa peremit Nec dignum Matre nec Lacedaemonium Indeed Charondas and the Thurians enacted That cowards who basely fled or refused to bear Arms for their Countries defence should set three dayes one after another in the open Market-place clad in Womans apparell a punishment farre worse then death it self writes Diodorus Siculus whereas all other Lawyers made it Capitall yea our Common Law adjudgeth it Treason Witnesse the notable Cases of Gemines and Weston 1. R. 2. num 38 39. who were adjudged Traytors in Parliament for surrendering two Castles in France onely out of fear when they were strongly besieged and battered sooner then they needed without any compliency with tbe enemy The Case of Jobn Walsh Esquire accused of bigh Treason in Parliament against the King and Kingdom for yeelding up the Castle of Cherburg in France to the enemy when as he might have defended it And the Case of Henry Earl of Essex in the second yeer of Henry the second accused of high Treason by Robert de Monfort and vanquished by him in a Duell waged thereupon for throwing down the Kings Standard which he bare by inheritance and flying in xpassing a straight among the Mountains when fiercely encountred by the Welsh For which though his life was pardoned yet he was adjudged to be shorne a Monke put into the Abbey of Reading and had his Lands seised into the Kings hands And as for treacherous revolting to or delivering up Castles to the Enemy it is Capitall and high Treason by all Laws and so resolved in Parliament 3. R. 2. in the Case of Thomas Ketrinton Esquire accused of high Treâson by Sir John Annâ—sley Knight for delivering up the Castle of Saint Saviour in the Isle of Constantine to the French for a great summe of Money when as he neither wanted provisions nor means to defend it As for those unnaturall Vipers and Traytors who shall henceforth after this discovery joyn with the Popish Conspirators to ruine their Religion Countrey and the Parliament for private ends as Count Julian the Spaniard joyned with the Mores An. Dom. 713. whom he brought into Spain his native Countrey furiously pursuing his own private injury with the Ruine of the publike I shall onely bestow his Epitaph upon them with which I shall conclude this Treatise Maledictus furor impius Juliani quia pertinax indignatio quia dura vesanus furià ammimosus furore oblitus fidelitatis immâ—â—or religionis contemptor divinitatis crudelis in se homicida in vicinos reus in omnes Memoria ejus in omni ore amarescit nomen ejus in aeternum puâ—â—escet FINIS AN APPENDIX Manifesting by sundry Histories and Authors that in the ancient Roman Kingdome and
he thereupon accepting with incredible joy and gladnesse they swore obedience to him and gave him the Imperiall Ensignes He being casually smoothered to death Valentinian the first was by the joynt consent of the Captains and Souldiers chosen Emperour after which the Empire went by descent till the death of Valentinian the second and then Martianus by means of Endoxia with the Senates and Patriarchs assent was elected and crowned Emperour After whose poisoning Asper sought to have been his Successor but being an Arrian the orthodox Christians of Constantinople would by no means elect him whereupon accepta a populo potestate he named Leo Emperour having received power so to doe from the people Leo adopting one of Aspars Sonnes Caesar the Senate and people were so much displeased at it fearing that an Arrian should reigne over them that they went tumultuously to the Emperour defiring him to remove him from that dignity who soone after flew both him and his father Basiliseus usurping the Empire against the Senates and peoples consents who hated him for his Tyranny the people sent for Zeno whom he expelled received him into Constantinople and restored him to the Empire After whose death Anastasius de sententia Senatus Legionum was elected Emperour by the Senates and Legions decree He dying Justinus by the generall consent both of the Senate people and Souldiers was elected Emperour though but a swineheard in his yonger dayes who creating Justinian for his Successor the people gave their consents thereto with happy acclamations So Constans the second was made Emperour by the Senate of Constantinople Philipicus usurping the Empire against the peoples and Senates liking they rose up against him deposed him and as Beda Marianus Otho Frisingensis and Abbas Vspergensis write The people of Rome decreed that neither his name nor letters nor coyne should be received And the Senate and people of Constantinople created Anthemius Emperour in his place giving him the name of Anastatius Thus Michael Curaepalata was created Emperour by the Senate in the life of Stauratius who intended to leave the Empire to Theophanon his wife So Theodora a toto Senatu populo sacerdotibus was elected and saluted Empresse Isatius Angelus was elected Emperour and Andronicus deposed apprehended and put to death by the people of Constantinople for his tyranny and oppression After whose death Baldwin Earle of Flanders a Frenchman was elected Emperour by the Souldiers and people upon condition the Venetians should elect the Patriarch in whose blood the Empire continued four descents and then returned to the Greekes And as the Senate and people of Constantinople had thus the right of electing their Emperours so likewise they and the Patriarch of Constantinople prescribed a conditionall Coronation-oath to divers of them which they were to take before they were crowned and to deliver it under their hands in writing Anastatius Dicori being chosen Emperour after Zeno his death Euphemius the Patriarch of Constantinople before he would crowne him exacted of him a confession of his faith in writing wherein he should promise that he would innovate nothing in Eclesiasticall Doctrines c. whereupon he delivered a writing to the Patriarch wherein he professed that he did embrace all the Tenents of the Church and that he would keep all the Decrees of the Councell of Chalcedon which done he was crowned and then presently tooke away the grievous tribute called Aurargenteum which much oppressed the people Thus when Michael Rungabis was elected Emperour and came to be crowned Nicephorus the Patriarch first required of him a writing wherein he should promise that he would violate no ordinances of the Church nor defile his hands with the blood of Christians which conditions Bishop Bilson grants the people had power to prescribe the Empire being elective but not the Patriarch alone And with all these Patriarchs sometimes presumed to excommunicate and keep their Emperours out of the Church for murthers and such like offences as appeares by Polyenctus keeping John Zimisâ—ea out of the Church and refusing to crowne him till he had banished the Empresse Theophano and those who slew Nicephorus and by Photius his putting by the Emperour Basilius from the Sacrament when he came to receive it for homocidies committed by him Fifthly The Roman Senate and people had power to divide the Empire and to create a new Emperour at Rome in the West distinct from that of Constantinople in the East About the yeare of Christ 456 Gensericus King of the Vandals wasting Italy and sacking Rome whiles Marcianus the Emperour resided at Constantinople the Senators and Roman Gentlemen returning to Rome when Gensericus had lost it wanting an Emperour to protect them chose Avitus by common consent for Emperour of Rome Italy and Sicilie of which Marcianus was very glad and approved his Election And not long after whiles Leo the first raigned at Constantinople the Senate successively elected Olibrius and Glizerius Emperours of Rome Italy and Sicilie yea the very finall division of this great Empire into that of the East and West and thâ—e creation of a new Roman Emperour and Empire of the West with the transferring of the Imperiall Crown from the Greeke to the German line was done by the authority and joynt consent of the people Senate and Bishop of Rome upon this occasion as Blondus Sabellicus and others relate Aistulfus King of the Lombards invaded and spoyled those parts of Italy belonging to the Romans who being unable to resist or pacifie him the Bishop and City of Rome hereupon sent messengers to their Emperour Consantine to Constantinople for ayd assuring him that unlesse he sent them ayd the City and whole Country would be subdued by Aistulfus But whiles Rome and Italy were ready to sinke under those ruines Constantine had no manner of care to relieve them and the messengers that were sent to him signified by letters that there was no looking for help from Constantine either for that he would not or could not and therefore they must seeke some other way In the meane time Aistulfus sent Heralds to menace the Bishop and people of Rome that unlesse they would yeeld themselves and their City he would come and take them by force and kill man woman and child Hereupon they being out of hope to pacifie the enemy or to receive help from Constantine the Pope together with the people of Rome determined to send messengers to desire ayd from Pepin father to Charles the great then King of France who sent them succour subdued their enemy and quieted Italy After which Charles likewise ayding and succouring both the Pope and Romans against their enemies and comming in person to Rome the Romans who in heart were long before falen from the Emperour of Constantinople because he began to neglect the City of Rome and to leave it as a spoyle
certain dangers many things are effected by triall which seemed difficult to slothfull men I know not what stupidity hath seized on many whom neither glory moves nor the infamy of the wretchednesse thinking it great liberty enough if they be freed from scourges I suppose the Popes ears will not be so averse to our affairs that he will not be moved with our most just prayers and the equity of the cause Let some now be sent who may boldly defend the cause of our liberty before him and teach him that the Germans demand unjust things Mine opinion is that the liberty gained by our Ancestors is to be defended with arms against the attempts of all men and with this my sword I will maintain THAT THEY ARE MOST WICKED TRAITORS TO THEIR COVNTREY who out of a simulation of a fond Religion or shew of preposterous caution shall give contrary advice neither shall resolve that servitude is to be repudiated with greater care by us then domination is affected by them So farre forth as every one shall addict himself to the liberty of his Countrey so far shall I be a friend unto him or a deadly enemy This opinion of Roderic prevailed in pursuit whereof they raise an army of ten thousand men whereof he was made Generall they send Ambassadours to the Pope and Councill whereof Roderic was chief and upon a full hearing of the cause before Rupert Cardinall of Saint Sabria the Popes Legat at Tholouse judgement was pronounced for the liberty of Spain and it was decreed That the German Emperors should from thenceforth have no power nor jurisdiction over the Kings of Spain which was afterwards confirmed by the customes of the people the consent of other Nations the publike resolution and judgement of Lawyers as Iacobus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large The Generall History of Spain records that the Councill of Florence resolved that seeing the Kings of Spain had defended and conquered their Realms by Arms without any ayd from the Emperours they were free and exempt from all subjection and acknowledgement to the Emperors whereof we may read the Glosse upon the Chapter Adrianus Pâ—pa distinct 63. The like priviledge have the Kings of France the State of Venice the Kings of England and some others Which clearly demonstrates the Soveraign power of Kingdoms and Nations even over their Kings and Princes and that they may justly defend themselves and Elect other Princes when they are deserted or destroyed by them Anno 1083. Sacho Ramires king of Aragon to supply the charges of his wars against the Moors was sometimes forced to use the revenues of his Clergy his Treasure being not able to furnish so great a charge but the Bishops of his Countrey who affected nothing more but to enrich their own Order and State opposed themselves against him and afflicted him in such sort as putting him in a vain fear that he was damned for this cause They made him do Penance in the Church of Roda before Saint Vincents Altar in the presence and at the pnrsuite of Raymund Dolmare Bishop of that place the Bishop of Jarca and others and to confesse publikely that he had grieâ—ously offended Thus these good Fathers publikely insulted over their Soveraigne Anno 1091. king Alphonso granted this priviledge among other to Toledo That the City of Toledo might never be alienated from the Crown nor given upon any Title whatsoever to man woman or child Anno 1076. Sancho King of Navarre was slain in battell by his brother Raymond thinking to reigne after him but the Navarroyes expelled him out of their confines disdaining that he should raigne over them who had embrued his hands in his kingly brothers blood and sending to Sancho Ramires 4. king of Aragon called him to raigne over them because their slain kings sonnes were too young to raigne and protect them from their enemies by which meanes the kingdomes of Arragon and Navarre were united Veracha Queen of Castile a most lascivious open Adultresse by her unchast life so faâ—re provoked her husband Alphonso that he was divorced from her made warre against her and confined her After which she still continuing in her lewdnesse the Nobility and States of Castile and Leon revolt from her take armes against her depose her from the Crowne and elect and crown her sonne Alphonso the 8. king An. 1122. allowing her onely a pension to support her life Alphonso King of Arragon by his last Will and Testament most solemnly ratified for the expiation of his sins gave divers crown Lands Tenements Revenues and Legacies to Religious houses and persons An. 1132. but being prejudiciall to the Crown his Will after his death was held void and not put in execution he being slain by the Moores An. 1134. the States of Arragon elected one Peter Tares for their King who growing exceeding proud of his new dignity began to despise the Nobles and abrogate the Lawes and customes of the Country And the Nobles being assembled at a general Assembly of the States going to visit him he comanded his Porter to shut them out saying that Mounsieur was busie about matters of great importance but they understood afterwards that the great affairs causing him to exclude his friends were his Barbar was trimming him which so incensed the Nobles and great men that the next day they held their generall Assembly of the Estates without the King where they first of all decreed to depose their new king because being â—n honour he had no understanding of himselfe and because they found he would grow more proud and insolent afterwards whereupon expelling Peter the Estates assembling at Boria elected Ramier a Monke brother to king Alphonso for their King who was much deriued of his Nobles for his Monkish simplicity and at last turned Monk againe But those of Navarre thinking a Monk to be better acquainted with the matters of a Monastery then how to govern a Kingdome and being jealous that the Arragonoys by chusing a King of the blood Royall of Arragon would by this meanes aspire to the chief places of honour and favour in Court it was concluded that the Estates of Navarre should assemble at Pampelone where they chose Garcia Remires their King of Navarre and so the Realmes of Arragon and Navarre which had been united 58. yeers were seperated in these two Kings The Kingdomes of Spain being often before and since this time united and divided as the people and Realmes assented or dissented thereunto Not to mention the troubles of Castile by reason of the nonage of their king Alphonso the fourth of whose custody and tuition the assembly of the Estates disposed or how some Knights of Castile slew a Iew with whom this king was so enamoured that he forgot his new Spouse and almost lost his sences Anno 1179. king Alphonso assembled the Estates of Castile at Burgon to leavie a Taxe upon the
Nephews of the kingdom saying That it was fit that he who was a Knight and learned to govern a Realme were it in warre or peace should raigne after his Father rather then his Nephews sons of his eldest brother who were every young having need of Regents and Governours charges which were affected by great personages who by reason thereof grew into quarrels one with the other to the oppression of the people and hazzard of the Estate After which Don Lope Diaz of Haro pressed the King to declare Don Sancho his sonne his successour in the Realmes of Castile Toledo Leon and other places being his eldest sonne then living to which he giving a cold answer at first having afterwards assembled the Estates in Segobia he was by the King and the Estates consent declared and received as heire to the Crown after his Fathers decease Fernands children being disinherited of their right which fact was then excused and justified because there was no law at that time which did binde the King much lesse the Estates to leave the Realme more to one sonne then to another since which there was a law made and received in the time of Fernand the 5. in the City of Taro where it was decreed by the Estates upon this difficulty That the Children of the elder brother deceased representing their fathers person should in that respect be preferred before the Vncle Hereupon Queen Violant and Blanche widow to Fernand were so much discontented with the Decree of the Estates disinheriting the eldest brothers sonnes as taking the young children with them they departed out of Castile to Don Pedro King of Arragon where Don Sancho caused his Nephews to be imprisoned whom king Alphonso labouring under hand to get released Don Sancho advertised hereof made a league with the Moores of Granado against his Father and by assent of his confederates took upon him the Title of Regency of the Kingdome of Castile and other his Fathers dominions refusing the Title of King during his Fathers life time who was forced to pawn his royall Crown and Iewels to Iacob Abin Ioseph a Moore King of Morocco who aided him willingly against Don Sancho After which in an Assembly of the States at Cordova with the advise of the Noble men and knights of Castile thereupon sent by a Decree pronounced by the mouth of Don Manuel in the name of the whole Nobility Alphonso was deprived of all his Realmes for murthering his brother Don Frederick and burning Don Rues unjustly without any forme of justice or orderly proceedings the breach of the rights and priviledges of the Nobility and the excessive wasting of the treasure of the Realme Vpon this there arose bloody Warres between the Father and sonne and in the yeere 1282. Alphonso was so vexed with his sonnes proceedings that hee pronounced in the presence of many men of ranke both Clergie and Laity in the City of Sevill The curse of God and his upon Don Sancho a sonne said he disobedient rebellious and a parâ—cidie declaring him uncapable and unworthy to reign depriving him of his successions inheritance and discharging the subjects as much as in him lay from all oath and homage which they had done unto him But these were but words which Don Sancho did not much esteem enioying his Fathers kingdomes after his decease in Title as he did before in act and dying king of Castile his heires succeeded him in that Realme as lawfull heires thereunto Don Pedro the third king of Arragon about the yeare 1283. had many controversies with his Nobles and knights who complained much of his sower disposition and tyrannous manner of Government insulting over the greatest yea against his own blood contrary to all Law and nature Wherefore being ill intreated by him in their freedomes whereof the Townes and Commonalties of his Countries did also complain the Nobility Knights and Gentry for preservation of their Liberties made a Vnion together among themselves and with the people promising and swearing to let the King and his sonne Don Alphonso who was his Lieutenant Generall understand that if they did not contain themselves within the limits of the Lawes of the Country they would withdraw themselves from their obedience and declare themselves enemies and pursue them by armes that should seek to break them The king hereupon called the Estates to Tarrasone and afterwards to Saragossa where he intreated promised and did all what he could to break this Vnion but he was forced to yeeld and granted to the Arragonians the priviledge they call Generall whereby their Liberties which had been somewhat restrained were again restored the ancient manners of the Country and customes of their ancestours put in practise And moreover there were Laws made for their Kings which they should be bound to obey and for that they were in a mutiny in some places by reason of certain Impositions laid upon salt the traffique thereof was made free by the Estates And the king refusing the judgment of the Iustice Maior of Arragon deposing Pedro Martines Artassone who then exercised it from his Office the Estates soon after at an assembly at Zutaria fortified it with stronger Laws deeming the Iustice of Arragon to be a lawfull Iudge whom the King himself could not displace even in Cases commenced against the King who being cited and not appearing there were Decrees made against him in many instances In the end the King confirmed the Decrees of the Iustice Maior and whatsoever should be concluded by the Estates the Deputies and Councellors having given their suffrages I read in Hieronimus Blanca that about the year 1212. the Arragonians taking it ill that their Liberties gotten with their blood should so many wayes be subverted as then they were by King Pedro the first raised up the Name and forces of a Vnion that with one force and the consent of all one minde as it were being made out of all they might more easily propulse so great injuries but what was then done hereupon is not recorded But the two memorable Priviledges of the Vnion under King Alphonso the third are said to spring from thence Don Alphonso king of Aragon succeeding Pedro Anno 1286. he was admonished by the Estates Ambassadours to come speedily to the Assembly at Saragossa where having sworn and promised the observation of the Customs Rights and Priviledges of the Countrey and received the Oath of fealty from the Deputies he might lawfully take upon him the Title of the King of Aragon the which they said he might not use before this Act and Ceremony according to the ancient customs of Aragon Vpon these summons he came to the Assembly of the Estates to Saragossa took the Oath aforesaid after which he was Crowned Which done there grew in this assembly a great contention touching the reformation of the manners of Courtiers and the ordering of the Kings house the Noblemen and Deputies of the Estates of Aragon maintaining that the conusance thereof was incident
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
Capello who was wholly given to his wives humours hated of the Portugales and himselfe disliked for her sake for many Malefactors and insolent persons were supported by her who grew daily more audacious in their excesse without feare of Iustice which was trodden under foot for their respect For these considerations and her barrennesse too all the Noblemen of the kingdome desired to have the Queen called Mencia separated and sent out of Portugall for effecting whereof they made a great instance at Rome but neither exhortation admonition nor commandment nor censure could prevaile the king so doting on her that he would not leave her Which the Portugals perceiving some of them presumed to seize on her in the City of Coimbra and conducted her into Gallicia from whence she never more returned into Portugall Not content herewith they sought to depose the King from his Royall dignity too for his ill government and to advance his Brother Don Alphonso to the Regall Throne in his place whom the Estates assembled made Regent of Portugall leaving only the Title of King to his brother which fact of the Estates the Pope in the Councell of Lions authorized by his Apostolicke power with which the King being displeased abandoned his Realme and retired into Castile Anno 1247. The Lawes and Customes of Arragon were reduced into writing by King Iames his appointment and compacted into one body having till that time been observed onely by tradition which Volume was coufirmed by the Estates held at Huâ—fâ—a And the same yeere the King of Castile erected a kind of Chancery and standing Court of Parliament of 12. learned men which followed the Court. Anno 1254. Thibald the 2. king of Navarre being but 15. yeers old at the descent of the crown unto him was at 25. yeers of age declared of full age and crowned King in the great church of Pampelone where he did sweare TO PRESERVE AND AUGMENT THE PRIVILEDGES OF THE COVNTRY Afterwards he doing homage to the king of Castile for the Realme of Navarre as his predecessours had done before him and making such a peace with him as the prelates Knights and Commonalties of the Realme in the States had approved yet divers knights and the Inhabitants of the Borough of St. Iermin of Pampelone disallowed this homage this peace and would not subscribe to it as tending to the kings dishonour whereupon the king did punish them by fines but his choller being past some few dayes after considering they were good and faithfull subjects loving his honour and greatnesse and that they resisted his will out of true love and zeale which they owed to the Crowne and their Countrey hee caused their Fines to be restored Alphonso the 3. fifth King of Portugall putting away his first wife Mahault without cause after he had children by her and marrying Beatrix hereupon when by no intreaties of Friends or the Pope he would entertaine his first wife again he was excommunicated by the Pope and his Realme interdicted 10. or 12. yeers space continuing still obstinate till his first wife dyed after which he was absolved Anno 1260. and in some yeere following there were divers controversies concerning the Crown Lands and setling of Portions for the King of Arragons younger children moved and determined in the Assembly of the Estates of Arragon and the Nobility complaining that their King Iames did breake their priviledges made many Leagues and Factions This matter being debated in the Estates at Saragossa and then at Ex ea in the yeare 1265. for pacifying these troubles they enacted That no honours nor military fees should be given to any but to Gentlemen of race and born in the Countrey That no Gentleman should be subject to the tribute of Cattell nor to any other That in all controversies which the Nobility might have against the king or among themselves the Magistrate called the Iustice Major of Arragon should be Iudge being assisted by the Councell That the King should not give the fees and Military rewards allotted to them that doe him service as a recompence of their vertue and valour to any of his lawfull children who by right have their portions in the Realme Anno 1274. Iames King of Arragon comming to the Councell of Lions desirous there to be crowned by the hands of Pope Gregory a ceremony whereof he made great account the Pope refused him unlesse he would acknowledge himselfe vassall to the church of Rome and pay the arrerages of the rent which the deceased King Don Pedro his Father had promised the which King Iames would not doe holding it an unworthy thing so to debase the greatnesse of his Crowne and restraine the Liberty of his Realme in any sort And this yeare there were great and continuall Tumults in Arragon the Nobility opposing themselves against the King for composing which differencs the Estates of Arragon assembled in Parliament at Exea where king Iames tooke the government and managing of the affaires of the Realme from his sonne Don Pedro and diverse great Dons were there condemned of contumacy and their Lands confiscated by the Iustice Major of Arragon In this Assembly the Nobility pleaded the Priviledges of Câ—â—teloyne That the Nobility might quit the Kings obedience in case of controversies and suites especially if there were question of their Liberties and to protest it publikely Anno 1265. Denis the infant King of Portugall desired his Grandfather Alphonso King of Castile to discharge the Realm of Portugall of the homage and vassallage it ought to the King of Leon who thinking it would be taken ill by the Noblemen his Subjects advised the infant to propound it in an open Assembly called to that end The opinion of Don Nugno de Lara was that by no meanes he should diminish the authority and greatnesse of his Crown which he should doe if he did quit this homage to the King of Portugall For which opinion the King growing angry with him the residue fearing the kings displeasure advised him to doe it Whereupon the Realme of Portugall was freed from all homage and subjection due to the Kings of Leon and Castile For which prodigality the other Nobles and D. Nugno were so much discontented that they made a League with the King of Granado against their own King for dismembring Portugall from the Crown of Leon to pacifie which differences the King used many mediations and at last called an Assembly of the Estates at Burgos the which was held without the Towne for the safety of these Confederates That great Astronomer Alphonso King of Castile who presumed to controule the Author of Nature saying That if he had been at the Creation of the world hee should in many things have been of another opinion and amended Gods workmanship was a most willfull indiscreet unfortunate Prince for his eldest sonne Fernand dying in his life time leaving Alphonso and other issue males behind him Don Sancho his second son resolved to dispossesse his