The fourth part of The soveraigne povver of parliaments and kingdomes. Wherein the Parliaments right and interest in ordering the militia, forts, ships, magazins, and great offices of the realme, is manifested by some fresh records in way of supplement: the two Houses imposition of moderate taxes and contributions on the people in cases of extremity, without the Kings assent, (when wilfully denyed) for the necessary defence and preservation of the kingdome; and their imprisoning, confining of malignant dangerous persons in times of publicke danger, for the common safety; are vindicated from all calumnies, and proved just. Together with an appendix; manifesting by sundry histories and foraine authorities, that in the ancient kingdome of Rome; the Roman, Greeke, German empires; ... the supreame soveraigne power resided not in the emperours, or kings themselves, but in the whole kingdome, senate, parliament, state, people ... / By William Prynne, utter-barrester, of Lincolnes Inne. It is this tenth day of July, ordered ... that this booke .... be printed by Michael Sparke senior. John White.

AN APPENDIX: Manifesting by sundry Histories and Authors, that in the ancient Roman Kingdome and Empire; in the Greek and German Empires, derived out of it; in the old Graecian, Indian, Aegytian Realmes; in the King∣domes of France, Spaine, Italy, Hungary, Bohemia, Denmarke, Poland, Sweden, Scotland, yea, of Judah, Israel, and others mentioned in the Scripture; the Supreame Sove∣raignty and Power, resided not in the Emperours and Kings themselves, but in their Kingdomes, Senates, Parliaments, People, who had not only a power to restrain, but censure and remove their Emperours. and Princes for their Tyranny and misgovernment.

With an Answer to the Principal Arguments, to prove Kings above their whole Kingdomes and Parliaments, and not questionable nor accountable to them, nor censurable by them for any exorbitant Actions.

HAving finished the preceding Treatise; which asserts, The Supreame Authority and Soveraigne Power in the Realme of England, legally and really to reside in the whole Kingdome, and Parliament, which represents it, not in the Kings Person, who is inferiour to the Parliament: A Doctrine, quite contrary to what Court Prelates and Chaplaines have for sundry yeeres inculcated into our Kings and People (who preach little else but Tyranny to the one, and Slavery to the other, to support their owne Lordly Prelacy, and hinder an exact Church Reformation) and directly opposite to the resolutions of many malignant Courtiers, Lawyers, and Counsellours about His Majesty; who have either out of ignorance or malice, created him a new Utopian absolute Royall Preroga∣tive, unknowne to our Ancestors, not bottomed on the Lawes of God or the Realm; for maintenance of each Punctilio whereof, against the Parliaments pretended Encroach∣ments, the whole Kingdome must be engaged in a destructive civill Warre, now like to ruine it: I could not but conjecture, how in all probability these Clergy men, Cour∣tiers and Lawyers, out of their unskilfulnesse in true Divinity, History, Law, and Po∣licy would upon the first tydings of this strange Doctrine, passe a sentence of Excom∣munication and death against it, as guilty not onely of Heresie, but High Treason; and judge it such a monstrous Antimonarchicall Paradox as was never heard of in, much lesse claimed or practised by any Kingdome, Realm, or Monarchy whatsoever: To anticipate which rash censures, and undeceive both Kings and Subjects whom these grosse Parasites have over-long seduced in this point, to their prejudices, convince the consciences of all gainsaying Malignants, irradiate this long obscured verity, whose sea∣sonable discovery, may through Gods blessing, conduce very much to period the present

Differences between King and Parliament, touching matters of Prerogatives and Privi∣ledges claimed by either; I conceived it, not only expedient but necessary, to back thefore∣cited presidents of our own Kingdom with paralelled examples in most forraign Realmes and Monarchies (in which it is not mannerly to be overbusie without just cause) which I have faithfully (though sudenly) collected out of the best approved Authors and Hi∣storians; whereby I shall infallibly prove, that in the Roman State and Empire at the first, in the Greek Empire since, in the German Empire heretofore and now; in the an∣cient Kingdomes of Greece, Egypt, India, and elsewhere; in the Kingdomes of France, Spaine, Hungary, Bohemia, Denmarke, Sweden, Poland, Scotland, and most other King∣domes in the world, (yea in the Kingdomes of Judah and Israel, and others mentioned in Scripture) the Highest Soveraigne Authority, (both to elect, continue, limit, correct, depose their Emperours and Kings, to bound their royall power and prerogatives, to en∣act Lawes, create new Offices and formes of Government) resided alwayes in these or Princes persons. I shall begin with whole Kingdomes, Senates, Dyets, Parliaments, People, not in the Emperors, Kings, the Roman State, as having much affinity with curs, * 1.1 which was long under their command heretofore.

After the building of Rome by Romulus and Remus,a 1.2 Romulus being elected King, divided the people into two Rankes; those of the highest quality, he stiled Se∣nators, making them a Court of Counsell and Justice, much like our House of Peeres; the other he termed The People, being the body of the State, and representing our House of Commons. In this distinction, made by the Peoples consent, the Soveraigne Authority to elect Succeeding Kings, to enact binding Lawes, to make warre, or peace, and the like; rested not in the Kings person, but in the Senate and people joyntly, if they accor∣ded; yet principally in the people, in case either of assent or dissent between them; their very Kings and Lawes having their greatest power and efficacy chiefly from the peoples election and assent.

To begin first with their Kings Election and Authority.b 1.3 when Romulus their first King deceased, there arose a great controversie in Rome about the Election of a new King; for though they all agreed to have a King, yet who should chuse him, and out of what Nation he should be elected, was then controverted. In the Interim to avoid confusion, the Senators, being 150. divided the Regall power between them, so as every one in his turne in Royall Robes should doe Sacrifice to the Gods, and execute Justice six houres in the night time, and six houres in the day; which tended to preserve an e∣quality among the Senators, and to diminish the envie of the people, when in the space of one night and day, they should see one and the same man, both a King and a private person. But the people disliking this Interregnum (as tending to put off the Election of a King, that the Senators might keep the principallity, and divide it among themselves)c 1.4 cried out, that their bondage was multiplyed having an hundred Lords made instead of one, nei∣ther would they suffer it any longer, unlesse they would admit a King, created by themselves: Hereupon the Senate, thinking it best to offer the people that, which they were like to lose, to gaine their favour, Summa potestate populo permissa, permitted to the people the chiefe power of Electing a King: but yet that they might not give away more right, then they deteined: they decreed, That when the people had commanded and elected a King, it should be ratified, if the Senators should approve it, or be reputed the authors of it: Then the Interex assembling the people, spake thus unto them: O Romans REGEM ELIGITE, chuse yea King: so the Senators thinke fit, and if he be one worthy to succeed.

Romulus, they will approve him. This was so gratefull to the people, that lest they should be overcome with the benefit, they commanded, that the Senate should decree who should reigne at Rome. At last, Numa Pompilius was named; and none of the people or Se∣nate daring to preferre any before him; all of them joyntly decreed, that the Kingdome should be conferred upon him. Whence Canubius the Tribune of the people in his Speech against the Consuls, long after, used these wordsd 1.5 Numa Pompilius POPULI JUSSU Patres autoribus, Romae Regnavit. Reges exacti JUSSU POPULI: which manifests, the chiefe power to be in the people. Numa departing,e 1.6 Tullus Hostilius by the people command, consent and approbation was made King, which Livy thus expresseth; Tullum Hostilium REGEM POPULUS JUSSIT, patres auctores facti: After him, the people created Ancus Martius Kingf 1.7 Regem POPULUS CREAVIT; patres fuêre auctores: After himg 1.8 ingenti consensu Populus Romanus Tarquinium REGNARE JUSSIT: The People of Rome with great consent commanded Tarquin to reigne. But hedying; Servins having a strong Guard to defend himh 1.9 primus injussupopuli, volun∣tate Patrum Regnavit, was the first that reigned without the command of the people, by the Senates consent; yet doubting his title for want of the peoples votes, and young Tarquin his Competitour, giving out speeches,i 1.10 se injussupopuli regnare, that he reigned without the peoples command; he thereupon so courted the Commons, by dividing the Lands he had taken from the enemies among them, that at last he appealed to the people, Vellent nolerintve se regnare? whether they would or would not have him reigne? tan∣toque consensu, quanto hand quisquam alius ante rex est declaratus. But Tarquin the Proud affecting the Kingdome slew Servius; andk 1.11 Non Commitiis habitis, non per suffragium populi, non auctoribus Patribus: without the Election of the people or Senate, usurped the Crowne; neque enim ad jus regni quicquam praeter vim habebat, ut qui neque populi jussu, neque Patribus auctoribus regnaret, writes Livy: Whereupon reposing no hope in the love of the people, he endeavoured to defend his usurped Soveraignty by force: to which purpose, he of himselfe, without the Senate or Counsell, tooke upon him the conusance of Capitall offences; and by colour hereof, not onely to slay, ba∣nish, and plunder those whom bee suspected or hated, but even those from whom hee could expect nothing but prey. Then he lesseneth the number of the Senate to diminish their esteeme and power, and at last to subvert it. Hee was the first of Kings who dissolved the Custome used by all his Predecessours, De omnibus Senatum con∣sulendi, of consulting with the Senate about all affaires, and administred the Com∣mon-wealth by his domesticke Counsels; making Warre, Peace, Truces, Leagues with whom he would, injussu populi & Senatus, without the peoples and Senates command; which Tyrannicall Usurpations of his, with his ravishing of Lucretia, caused Brutus and the incensed Romanes to rise up in Armes against him; deprive him of His Crowne, banish him, his Wife and Children, utterly to abolish the Kingly Govern∣ment by a Decree, and to take al 1.12 solemne Oath, (lest afterward they might bee overcome by Royall intreaties or Gifts) That they would never suffer any King to Reigne in Rome: Which act of Brutus and the People is highly magnified by Livie andm 1.13 Tully. This done, then 1.14 people created two annuall Consuls, who had the Power, but not the name and continuance of Kings, Annuum imperium con∣sulare factum est: Brutus the first Consull was slaine, whilest hee was Con∣sull, and Valerius his Companion being suspected by the People to affect the King∣dome, because hee demanded no new Companion: Valerius heereupon calls

the people togethero 1.15 layes downe his Fasces (the badges of his Soveraignty before them) which was a gratefull spectacle to the people, confessionemque factam; Populi quam Consulis Majestatem vimque majorem esse; and a confession made, that the People had greater Soveraignty and Power then the Consul, who yet had regall Jurisdiction. And then there were Lawes enacted, of appealing from the Consul or Magistrate to the people, and that hee should lose both his head and goods, who should but consult to usurp the Kingdome.

In briefe, it is clearly agreed byp 1.16 Dionysius Halicarnasseus,q 1.17 Polibius,r 1.18 Livy, s 1.19 Alexander ab Alexandro,t 1.20 Bodin, (andv 1.21 most who have written of the Roman Republike) that the Soveraigne Authority among the Romans, during their Kings, Con∣suls, Dictators, and other Magistrates, was originally vested, not in the Kings, Senate, Consuls, or other Magistrates, but in the whole body of the Senate, and People; the People had the chiefe Soveraigne Power of enacting and confirming Lawes, (the Senates Decrees and Lawes being of no validity, unlesse the People ratified them) of creating and electing Kings, Dictators, Tribunes, and all other great publike Officers; of denouncing warre, and making Peace: these Tribunes, and Dictators might restrain, curb, imprison, censure, de∣pose the Roman Consuls (who had Regall Power) yea, the Roman Kings, Senators, and highest Officers; and to them thex 1.22 last appeale from King, Senate, or other Magistrate might be made, as to the highest Tribunall: they having power likewise toy 1.23 change or annull the very frame of their publike Government, which they oft times did, as these Authors prove at large, to whom for brevity I referre the Reader. Yea, after the Roman Empire (the greatest, largest Soveraignty in the world) was erected, the Supream Power still rested in the Senate and People, not in the Emperors themselves, which z 1.24 Bodin grants and proves. This is clearly evident by these ensuing particulars: First, the Senate and People had sole right and lawfull power both to elect and confirme their Emperors, and to decree them new Honours, Titles, Triumphs; which power of election, though some Emperors in a sort usurped, by adopting their Successors, and the Roman Souldiers too, by presuming sometimes to elect Emperours without the Senate; yet these adoptions and elections were not held valid, unlesse the Senate approved and confirmed them, who usually elected all their Emperors, as of right, according to that of the Panegyrist, Imperaturum omnibus ex omnibus elegi debere; Plinius Panegyr. Trajano dictus, and Ja∣cobus Valdesius, c. 18. This appeares by the election and confirmation of most Emperors froma 1.25 Octavius to Leo the first, and more particularly by the Senates and Peoples election and confirmation of Nerva Pertinax, Severus, Gordianus, Maximus Pu∣pienus, Clodius Balbinus, Philip, Decius, Trebonianus, Galienus, Claudius the second, Ta••itus, Probus, Iovinianus, Aurelius, and others. This right of the Senate was so cleare, thatb 1.26 after the death of Aurelianus, the Army sent word to the Senate, that (as reason was) they should chuse and name an Emperor, and that they would obey him. After six months space (during which time the Empire was governed by the Senate) the Senate made choice of Tacitus, who earnestly refused the same at first, but in the end ac∣cepted thereof, to the great joy of the Senate and Roman people. After whose deceasec 1.27 Pre∣bus, being chosen Emperor by the Legions and Army, he presently wrote a letter to the Senate, excusing himselfe for having accepted the Empire without their knowledge and confirmation: whereupon the Senate confirmed his election with many blessings, gave him the name of Augustus, Father of the Countrey; made him High Priest, and gave him Tribunall Power and Authority.

Secondly, This is manifest by the confessions, and Actions of the best Roman Empe∣rours. d 1.28 Volateranus writes of Trajan (thee 1.29 best heathen Emperor that Rome enjoyed, that he used to call the Senate, Father, but himselfe their Minister, or Servant of their labour; And that standing, he did reverence to the Consuls sitting, quia SE ILLIS INFERIOREM EX LEGIBUS esse REPERIRET, because he found by the Lawes he was inferior to them. Whencef 1.30 Dion,g 1.31 Niciphorus, andh 1.32 Speed record of him; that when he invested any Praetor or Commander, in giving him the sword, he openly commanded him before all, to use the same even against his owne person, if he go∣verned not the Empire well, or violated Law and Equity; confessing thereby, that he was subject not only to the Lawes, but to the sword of Justice too, in these Officers hands in case he did offend, much more then to the Senate. I read of the Emperori 1.33 Decius, elected by the Senate; that he preserved the authority of the Senate, (who compelled him to make his Sonne his companion in the Empire) following their Counsell in all matters of Government, governing all things with great wisdome and equity, by the ad∣vice and consent of the Senate, to the great contenment of all the Roman People; and going into Thracia against the Gothes, he left the Government in the hands of the Senate; permiting them to chuse a censor at their pleasure, who had Supreme Iuris∣diction over all men; which office some former Emperors had usurped, making them∣selves Censors. Sok 1.34 Claudius the second, and Tacitus did nothing without the consent, advice, and counsell, of the Senate, either in matter of Warre or Peace. Andl 1.35 Poly∣bius writes expresly, That the Roman Emperors Counsels and purposes were efficatious, or invalid, at the pleasure of the Senate, which had power to remove or continue them, to encrease or abridge their power and wealth; to decree or deny them triumphs, towards which they contributed; and and that they could neither make warre, nor peace, nor truces, without the peoples consent. Their Emperors in truth, being but their chiefe Generals in their warres, at the first, in right.

Thirdly, They had power to create one, two, or more Emperors at once, as appeares in their election ofm 1.36 Gordianus, the Father and Sonne to be Joint-Emperors at once, and of Maximius Pupienus, and Clodius Balbinus, and Gordianus, to be Caesars at once. And those who could thus create more Emperors then one, when they plea∣sed, no doubt had a power above the Emperors.

Fourthly, They had a Soveraigne power, judicially to convent, censure, yea to depose, and adjudge their Emperours to death, for their tyranny and misgovernment: this appeares by the case of Nero, that wicked Emperourn 1.37 whom the Senate judicially deposed, condemned for his tyranny and misgovernment, as a publike enemy to the State, adjudging him to have his head fastned to aforke, and so to be publikely whipped to death, and then precipitated from a rock: upon which sentence he being sought for, and forsaken of all, to avoyd the execution of it, murthered himselfe with a poinyard. So wheno 1.38 Do∣mitian was slain, the Senate assembling the same day, caused all his Statues to be throwne downe, and all the inscriptions and memorials of him to be cancelled, defaced; and elected Nerva Emperour.p 1.39 Didus Julianus who purchased the Empire by bribing the Soldiers, comming to Rome with an Army, went to the Senate, where assembling such Senators as were present, by their decree he was proclaimed Emperour, and they present∣ly made his Son in law Cornelius Repentinus Praetor of Rome, putting Sulpetianus out of that office, and from thence he was caried to the Imperiall Pallace, and held for Em∣perour, more through force, then good will of any honest men: But the people hate∣ing,

and cursing him; at last, a full Senate being assembled, by the common consent of all the Senators, it was decreed, that Julianus should be deprived of the Empire, as a man un∣worthy to rule, and Severus proclaimed Emperour; to whom two of the principall Sena∣tors were sent to yeild him their obedience, with the Ensignes of the Empire, and Ju∣lianus being generally abandoned, they commanded him to be slaine in his pallace.q 1.40 He∣liogabalus (that monster of wickednesse) was slaine by the praetorion Souldiers by the Senates and peoples approbation, who commanded he should no more be called Antoni∣nus, and that in detestation of him, no other Emperour should after that be called by this name, and that he should be called Tiberinus, according to the manner of his death, his body being tyed to great stones, and sunke in Tiber, that it might never be found. Sor 1.41 Maxi∣minus the Emperour oppressing, and Tyrannizing over the people, with great cruelty, was deposed by the Senate, and he, with his sonne (though already made Caesar, and declared Emperour) adjudged enemies and Rebels; and Gordianus with his Sonne elected and proclamed Emperours by the Souldiers, people, and Senate of Rome. After which they, considering the great power of Maximinus, ••o secure the City, made great preparations to resist him, and writ letters to all their Provinces, thats 1.42 all those Governours that Maximi∣nus had there placed should be displaced; which direction was generally obeyed, and the Governours most of them slain. Thereupon Maximinus then in Hungary, posts with his Army, and Son towards Rome; and young Gordianus being slain & his Father stran∣gled in the interim; the Senate assembled in the Temple of Jupiter, chose Maximus Pupienus and Clodius Balbinus Emperours, and to please the people which consented not to their election, they likewise named young Gordianus Caesar, and raised forces to resist Maximinus, who lying before Aquilia, his Souldiers hearing that he, with his Sonne were proclamed Rebels at Rome, and new Emperours elected, came bodily to their Pa∣vilions about noone, slew them, and sent their heads to Rome. By these, with sun∣dry presidents of like nature, it is apparent, that the Soveraigne power and Jurisdiction, even after the Roman empire erected, continued still in the Senate and people, to whom the Emperours were responsible, by whom they were deposed, yea put to death for their misdemeanours and offences against the state, and oppressions of their Subjects: Which power they retained till the Emperours removed their Courts from Rome to Constantinople, by which meanes the authority of the Senate, and dignity of the Con∣suls was almost wholly lost by degrees, in Justine the seconds reigne.

After the seat of the Empire was translated to Constantinople, the Senate, People, Souldiers, and Patriarchs of Constantinople, claimed a right, and power to elect their Em∣perours, to prescribe conditions, and Oaths unto them before they were crowned; as also a power in some cases to depose them, yea execute them, as you may read at large in theirt 1.43 lives; Of which I shall recite some instances.v 1.44 Julian the Apostate dying, Jovinian, assensu omnium, by the joynt assent of all the Souldiers, Captains, and people was elected Emperor; who absolutely refused the Empire, saying; that he being a Chri∣stian would not be an Emperor over Infidels: But all men were so pleased with his election, that they cryed out aloud saying; we are all Christians; And for his sake, those which were not so, resolved to become Christians, upon condition that he would accept the Empire; which he thereupon accepting, with incredible joy and gladnesse, they swore obedience to him, and gave him the Imperiall Ensignes. He being casually smoothered to death; x 1.45 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 se∣cond and theny 1.46 Martianus by means of Endoxia, with the Senates and Patriarchs

assent, was elected and crowned Emperour: After whose poisoningz 1.47 Asper sought to have been his Successor; but being an Arrian, the orthodox Christians of Constan∣tinople 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, de∣firing him to remove him from that dignity, who soone after flew both him and his father. a 1.48 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 deathb 1.49 Anastasius, de sententia Senatus & Legionum, was elected Emperour by the Senates and Legions de∣cree. He dying,c 1.50 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 Ju∣stinian for his Successor, the people gave their consents thereto, with happy acclamations. Sod 1.51 Constans the second was made Emperour by the Senate of Constantinople. e 1.52 Philipicus usurping the Empire against the peoples and Senates liking, they rose up against him, deposed him: and asf 1.53 Bedag 1.54 Marianush 1.55 Otho Frisingensis andi 1.56 Abbas Ʋspergensis write; The people of Rome decreed, that neither his name, nor letters, nor coyne should be received. And thek 1.57 Senate and people of Constantinople created Anthemius Emperour in his place, giving him the name of Anastatius. Thusl 1.58 Michael Curaepalata was created Emperour by the Senate in the life of Stauratius who intended to leave the Empire to Theophanon his wife. So m 1.59 Theodora, a toto Senatu, populo & sacerdotibus, was elected and saluted Empresse. n 1.60 Isatius Angelus was elected Emperour, and Andronicus deposed, appre∣hended and put to death by the people of Constantinople for his tyranny and op∣pression. After whose deatho 1.61 Baldwin Earle of Flanders, a Frenchman, was ele∣cted Emperour by the Souldiers and people, upon condition, the Venetians should elect the Patriarch: in whose blood the Empire continuedp 1.62 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 likewiseq 1.63 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,r 1.64 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 Patri∣arch, 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 whens 1.65 Michael Rungabis was elected Em∣perour, 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 * 1.66 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 byt 1.67 Polyenctus keeping John Zimis••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 456v 1.68 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 Em∣perour 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 divi∣sion of this great Empire into that of the East and West, and th••e creation of a new Ro∣man 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: asx 1.69 Blondusy 1.70 Sabellicus andz 1.71 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 Constanti∣nople, 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 ene∣mies, 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 to the Barbarians and others) taking this occasion and opportuni∣ty, and grieving that the Empire of the world, which with their blood they had gotten, and established by their vertues, should be governed and ruined by Irene (a lewd wo∣man) Constantines mother (who swayed all at her pleasure) did thereupon elect and proclaime Charles for their Emperour, and commanded Pope Leo to crowne him. a 1.72 Platina,b 1.73 Blondus,c 1.74 Nauclerus,d 1.75 Sabellicus,e 1.76 Aventinus,f 1.77 Sigebert,g 1.78 ••risingensis, andh 1.79 Aeneas Sylvius, all record; that this was done (not by the Popes authority alone, (as some late Romanists pretend, for he poore man had no such power) but by THE DECREE, DETERMINATION, ASSENT AND REQUEST OF THE SENATE AND PEOPLE OF ROME; who, tacito SENATUS CONSULTO PLEBIS CITOQUE DE∣CERNUNT to transferre the Empire JURE SUO, By their owne right, from

the Greekes to the Germans, and from Constantine to Charles the Great: ever since which time it hath continued thus divided in the blood of Clarles, and other French and German Princes. A most cleare demonstration, that the most absolute Soveraigne power and disposall of the Empire resided not in the Emperours themselves, but in the Sen••••e and people, even from the very first Emperours, till this partition of the Empire (more then 800 yeares space,) and that their Emperours neglect to protect, to ayde them against their enemies when they needed, and craved help, was a iust ground for them to reject his Soveraignty; yea, to create a new Empire, and Empe∣rour of another race, asi 1.80 Pope Leo with all the Roman Clergy, Senate, and people then resolved; not only in point of State policy, but of Conscience too: upon which veryk 1.81 ground; not only the Spaniards fell off from the Roman Empire, electing them Kings, and erecting Kingdomes of their own: but likewise ourl 1.82 Iland of Brit∣tain (the fairest plume of the Roman Diadem) rejected the Roman yoake and Govern∣ment, to which it had been subject almost 500 yeares; craving ayd against the Scots and Picts from the Saxons, who therereupon became their Soveraigne Lords at last, and disposessed them of the Kingdome: Now, that these revolts and changes of the Empire in this case were lawfull even in point of Conscience, we have the resolution of Bishop Bilson himselfe, (in his Booke dedicated to Queen Elizabeth, wherein he professedly defends the Soveraignty of Kings) in these very wordsm 1.83 The Ro∣man State and Commonwealth had as good right to dispose the Roman Empire, as all other Christian and Heathen Kingdomes and Countries had to settle the sword and scep∣ter that Reigned over them. And since alln 1.84 other Nations once members of the Roman Empire, were suffered to plant those severall formes of regiment which they best liked, and when the Right Heires failed to elect their owne Governours, I SEE NO CAVSE why the Romans might not provide for themselves as well as other Realmes had done before them; especially if the reports of your stories be true; that they were neglected by the Grecians, when they were beseiged by the Lombards; and the scepter at Constantinople went not by descent, or succession, but by violent and wicked inva∣sion, and usurpation. So he; with whom Cassanaeus in his Catalogus Gloriae mun∣di: pars 5 consid. 30. p. 248. accords. and iacobus Valdesius, de Dignitate Regum Hisp. c, 18. n, 20, 21.

Sixthly, After this division, and translation of the Empire unto Charles the Great, the Roman Empire for a time, by permission and connivence of the French, & German States, went by succession till Charles the Grosse; after him wholly by Election, o 1.85 the power of electing the Emperour residing in all the French & German Princes, till at last it was by consent, about the yeare 1001. translated to the 6, or ratherp 1.86 7. Princes Electors: Yet during all this time the Soveraigne Power and Iurisdiction of the Empire resided only in the German Princes, States and Diets (not the Emperours themselves) who had power, not only freely to elect what Emperours they pleased, but also to censure, and depose their Emperours upon just grounds, and to set limits to their Imperiall Iurisdictions. Not to trouble you with the Histories ofq 1.87 Ludo∣vicus Pius, Otho the great, Henry the 1, 2, 3, 4, 5, 6, 7. Lotharius, Fredericke Barba∣rossa, Phillip, Otho the fourth & fifth, Fredericke the 2, 7. Albert the 1, Ludovicus Ba∣varus, Sigismond, and other Emperours, who were much affronted, persecuted, warred against, and some of them unjustly deposed and murthered by their Subjects, Sons, and the Princes electors, through the Popes procurement; I shall pitch only

upon such presidents as are pertinent to my purposer 1.88 Charles the third surnamed the fat, though he came to the Empire by discent, yet the Princes, Dukes, and Go∣verners of the Provinces of Germany, and France, seeing his great insufficiency, and unaptnesse to governe (he being growne a very foole and having lost his understanding) did thereupon deprive him of his Empire, and other Kingdomes; and elected and crowned Arnolph Emperour in his stead: He being thus degraded both of Realme, Empire, and forsaken of all the world, not having so much as an house wherein to shroud himselfe, retired into a poore village of Suabe, where he lived some few dayes in excream misery, and penury, and soone after dyed; not lamented nor pitied of any man: Which deposition of his, I have formerly proved lawfull; though his subse∣quent ill usage was no doubt dishonourable, and unjust. So the Emperours 1.89 Wences∣laus was deposed by the Princes Electors of the Empire, for his insufficiency to go∣verne, and the little care he tooke to suppresse and pacifie the civill warres and dissen∣tions in the Empire, giving himselfe over to vaine pleasures and delights, which made his government dangerous, and unprofitable for the Empire, and Christian common wealth; and Rupert made Emperour by them in his room. After this, about the end of t 1.90 Rodulph the second his imperiall raigne, the Electors called a Dyet at Nurenberg, from whence they sent ambassadors to the Emperour to acquaint him with the State of the Empire; who told him, that the Electors required above all things a re∣formation of justice: That he should make choice of more faithfull officers and Councel∣lors then formerly he had done: That a generall Dyet might be called the spring fol∣lowing: That the reason of the bad government of the common weale was, for that his Majesty did not impart the important affaires of the Empire unto them, as his Predeces∣sours had done &c. Whereupon he appointed a generall Dyet to redresse these disor∣ders; but dying before the day, according to the golden Bull made in the yeare 1356 the Elector Palatine, and he of Saxon, were appointed Vicars, Governours, and Ad∣ministrators of the Empire untill there were a King of Romans chosen to be Emperour. After which they Elected Mathias, who as Emperour and King of the Romansu 1.91 had not any City or Towne within the Empire, the whole Territory of Germany belong∣ing to the Electors, Bishops, Abbots, Princes, Earles, Noblemen, and free Townes. What power the Princes Electors, and German states had, and yet have in electing, rejecting, deposing, restraining their Emperours; in calling Diets, and making Lawes, you may read more largely inx 1.92 Munster, andy 1.93 Grimston: By all which, and other particulars, which for brevity I shall omit, it is most evident, that the Su∣pream Soveraigne Authority of the Roman State, both under their ancient Kings and Emperours, and of the Greeke, and German Empires resided not in the Kings and Emperours themselves, but in their Senates, Diets, People, States, who pre∣scribed them conditionall Oaths at their Coronations, and to whom they were still accountable for their actions and misgovernment, Thisz 1.94 Iohn Bodin (a famous learned French Lawyer, of great experience in State affaires, surpassing all who writ before him of Republikes) plainly affirmes in these words. The Roman Emperours were at first, nothing else but Princes of the Common weale, that is to say, the cheife and prin∣cipallmen: the SOVERAIGNTY neverthelesse still RESTING IN THE PEOPLE AND SENATE, the Emperour having the Soveraigne authority only in fact, not in right: the State being but a very Principality, wherein THE PEOPLE HAD THE SOVERAIGNTY. So the German Empire at this

day is nothing else, but an Aristocraticall Principality: wherein the Emperour is head and chiefe, the POWER and majesty of the Empire BELONGING VNTO THE STATES THEREOF, who thrust out of the Government Adolphus the Emperour, in the yeare 1296, and also after him Wenceslaus in the yeare 1400; and that BY WAY OF IVSTICE, AS HAVING IVRISDICTION AND POWER OVER THEM.a 1.95 And so properly ancient Romans said:b 1.96 Im∣perium in Magistratibus, Auctoritatem in Senatu, Potestatem in Plebe, Maiestatem in Populo; Command to be in, the Magistrates, Authority in the Senate, Power in the Maeniall People, and Majesty in the People in Generall. The Senate in Rome did con∣sult, the people command: for Livy oft times saith: Senatus decrevit, populus iussit: the Senate hath decreed, and the People commanded; Which he there more largely prosecutes, as you may read at leysure. To all whichc 1.97 Bishop Bilson himself doth fully assent, affirming, that Germany is a free state, that the Emperour holds the Empire by election, and that but on condition, which he takes an oath to performe. And if he violate their liberties, or his oath, they may not only lawfully resist him by force of armes, but re∣pell and depose him as a tyrant, and set another in his place, by the right and freedome of their Countrey. Andd 1.98 Cassanaus holds, that the people may take away the very name of the Emperour at this day, degrade him, and resume his royall power. This then be∣ing an unquestionable verity; disproves that palpable common mistake ofe 1.99 Dr. Ferne with other ignorant Court Doctors and Royalists, who would make the world and Kings beleeve, that the Roman Emperours were of greater power and authority than the Senate, people; the highest powers upon earth to which all persons, yea the Se∣nate and people collectively considered, ought to submit; and that it was unlawfull either for the Senate or people forcibly to resist Caligula, Claudius, Nero, and other their wickedest, and most tyrannicall Emperours: much lesse to depose, take armes against, or call them to a strict, just account for their Tyranny, Oppression, or Misgovernment, it being directly contrary to Pauls Doctrine Rom. 13. 1, to 6. Let every soule be subject to the higher powers, &c. which false groundlesse principle, is the sole foundation up∣on which all their late Sermons, Books, and rayling Discourses against this Parlia∣ments proceedings and taking up of defensive armes are built; when as in truth, the Se∣nate & people were the highest powers, to whō the Roman Emperours themselves were to be obedient in all iust requests & commands, under paine of damnation, and subiect to the Senates sword of ••ustice in case of disobedience & misgovernment, as all the pre∣mises evidence; yea it likewise manifestly evidenceth, that whole States & Parliaments are the highest power and above their Kings, who are subject to thē, since the Roman and Greek Senates and people heretofore, & the very German States at this day are the high∣est power and above their Emperours, though ever reputed off 1.100 greater power, Sove∣raignty and dignity than any Kings, and the greatest Monarchs in the world: and that therfore Kings, even by Pauls Doctrine Rom. 13. ought to be subiect to the higher power and Iurisdiction of their Parliaments, the Laws and Statutes of their Realmes; and to be accountable to them, if not subiect to their censures, as some affirme, in exorbi∣tant cases of misgovernment which concern the Kingdomes and peoples safety. If Kings iniuriously take away the lands, goods, or imprison the persons of any particular subjects, theg 1.101 Law gives every one a particular remedy against them by way of Acti∣on, or Petition of Right. If then every private subiect may have redresse, much more the whole Kingdome, (in and by Parliaments only not in inferiour Courts) against

their Soveraigns which oppresse them; who being subiect unto the Lawes of God and their Realmes, which haveh 1.102 no respect of persons, may as many affirme, be questioned and iudged by them in their Parliaments as well as other princes, great officers of State and Magistrates who in scripture are calledi 1.103 Gods, the higher pow∣ers and said to bek 1.104 ••rdained, to rulel 1.105 judge by and for God, as well, as Kings and Em∣perours. It is branded as a spice ofm 1.106 Antichristian pride in Popes and their Para∣sites, to deem themselves so High above other men, that they are accounta∣ble to none but God for their wicked actions, though many Popes in former and later times, have beenn 1.107 questioned, consured, imprisoned and deposed both by Empe∣rours, Kings, and Councels for their intollerable misdemeanors. And is it not the very selfe same crime in Kings, in Emperours, and their flatterers, to hold this Po∣pish erronious opinion, that they are in no case responsible to their whole Kingdomes or Parliaments for their grossest exorbitances? Ouro 1.108 Popish Prelates and Clergy generally heretofore, and some of our Protestantp 1.109 Bishops and Divines of late times, from St. Ambrose his practise, have held, that kings for murthers, rapes, and great crying offences may be Lawfully excommunicated and censured by the spiritu∣all Law and sword, as sundry Emperours and Kings have been; then why not like∣wise by the temporall, when their Parliaments and whole Kingdoms see just cause, the case of hundreds of Emperours and Kings in former times, as the Histories of all Na∣tions and ages prove abundantly, beyond all contradiction? I shall here instance in some few Kings censures subject to the Roman State and Empire, with whom I shall conclude this discourse touching the Roman Monarchsq 1.110 Deioratus King of Galatia under the Romans Iurisdiction, and one of their allies, was accused of Treason, and condemned to lose both his head and estate for certaine offences against C. Caesar, and the Roman State; as appeares by Tullies Oration to Caesar in his behalfe, to procure his pardon; which because it was the first president of this kinde, made his advocate say; tamen it a inusitatum est, Regem capitis reum esse, ut ante hoc tempus non sit au∣ditum: yet long before that, Zedechiah King of Iudah, rebelling against the King of Babylon, was brought prisoner to the King of Babylon to Riblah, where hee gave judge∣ment upon him slew both his sonnes and Princes before his eyes, and then put out his own eyes, bound him with fetters of brasse, and carried him prisoner to Babylon, where hee died. 2 Kings 25. 1. to 8. Ier. 52. 1. to 12. And after Detoratusr 1.111 Antigonus King of the Iewes, being taken prisoner by Antonius, for moving sedition against the Ro∣man State, was beheaded with an axe at Antioch, without any legall triall, to prevent further seditions, which never befell any King before that time, writes Alexander ab Alexandro; Ands 1.112 Agrippa, not long after, put Bogus King of the Mores to death, for siding with Antonius. Of later times, I read thatt 1.113 Ludovicus Pius the Emperour taking Bernard his Nephew (King of Italy) prisoner, for rebelling and denying his superiority over him, carried him into France, to determine what should be done with him according to Iustice, for this his offence; where (though a King) hee was condemned to death and executed, as some, or at least cast into prison, and had his eyes put out, as others write: Sov 1.114 Charles of France taking Conradine King of Si∣cily prisoner, publikely arraigned and condemned him of high Treason, and cut off his

head, Anno 1208. Yea, our ownev 1.115 King Iohn being a Feudatary to the King of France, was by Philip the French king in a full Parliament there (during his absence in England) arraigned, condemned to death, and deposed from his Crown by the sentence of his Peeres, for murthering his Nephew, Arthur, (then a Subject of France) with his owne hands: Sox 1.116 Iohn Bailiol king of Scotland, renouncing his homage for that Crowne, to king Edward the first, was for this offence compelled to resigne his Crown with all his right to the kingdome of Scotland, to King Edward the first, and sent Pri∣soner to the Tower of London: andy 1.117 Mary Queene of Scots, within many mens me∣mories, after long debate in Parliament, was condemned and beheaded at Fothring∣hom Castle, Febr. 8. An. 1587. for laying claime to the Crowne of England, and other particulars mentioned in our Historians. And thus much for the Roman, Grecian, German Emperours, kings and kingdomes.

I shall now give you a briefe Survey of what Greeke Authors write concerning Kings and Kingdoms; and of the power, the kinds of ancient Kings and Kingdomes, in Greece and other places. That great Father of Learning and policie Aristotle, (Tutor to the greatest Emperour Alexander the Great) whose Authority is irrefra∣gable in our Schooles; resolves:z 1.118 That true Kingdoms were erected at first and con∣ferred on the worthiest men by the free voluntary joynt consent of the people, and founded, confirmed by the customes and Lawes of each country, (which* 1.119 Polibius also affirmes) a 1.120 That there are 4 severall sorts of Kings, some of greater, some of lesser Authority and continuance then others: some elective, some successive, some during life, some An∣nuall, all of them receiving their distinct jurisdictions, Formes, Limitations, and diffe∣rent Royalties, from the peoples primitive or subsequent institutions and consents. For all men being equall by the Law of nature, can have no dominion nor Supercrity one o∣ver another, but by their own voluntary consents. That theb 1.121 Lawes, (not the Kings Princes, or Magistrates be they one or more, or never so good) ought to be the sole Lords or Rulers of the Common-wealth, and that Princes and Governours ought to governe by the Lawes: who cannot command what the Lawes doe not command. That those who command that the Law should rule, command that God and the Lawes should rule: but he that commands a man to be a Prince, he commands that both a man and beast should be Princes: for covetousnesse and the lust of the minde is a certaine beast, which poverts both Magistrates and the very best men; but the Law is a constant and quiet Minde and Reason voyd of all motions of lusts and desires.c 1.122 That the power of the greatest things, and greatest power, ought (DE IVRE) of right to be in all the people, because their wisdomes, resolutions, and revenues considered altogether, are greater and more considerable then those of a few wise or honest men placed in the highest offices of Magistracie, who are but a small particle of the State in respect of all the people.d 1.123 That the people ought to be of more power then the King or greatest Magistrates, to prevent their Tyranny and Oppression; and that a King ought to governe by his Lawes, and not to doe any thing against them, according to his lust; wherefore he ought to have so much power and force wherewith he may protect the authority of the Lawes: yea he must necessarily have forces and power, yet so much onely, as thereby he may be able to curbe every particular man, or many also: yet not so great power but that, a populo autem universo idem REX ILLE IPSE COERCERI POTEST, the very King himselfe may yet BE CVRBED by all the people: such Guards verily the Ancients gave to their Kings when they would set any Tyrant or Governour over the City: And when

Dionysius required Guards, a certaine Syracusan perswaded them to curbe such Guards: to whiche 1.124 Polybius also suffragates. According to these Rules of Aristotle, I read in f 1.125 Dionysius Halicarnassaeus, andg 1.126 Polybius, that in the Lacedemonian Common∣wealth, the Kings had not the chiefe Dominion, so as they might doe what they pleased, sed summa totius Reipub. administratio penes Senatum erat: but the chiefe Govern∣ment of the whole Commonweale was in the Senate, from whence the Romanes tooke their patterne.h 1.127 Alexander ab Alexandro, Boemus, and Xenophon write, That the La∣cedemonians sometimes elected a King out of the Family of the Heraclidae, or of Agis, but more often two joynt Kings of equall Authority out of the stock of Proclus and Ae∣misthenes, who yet had not the chiefe Command as Kings, Quia juris omnis publici potestas penes Senatum erat, because the power of all publike law or rule was in the Se∣nate (the better to keep their Kings from attempting and usurping a Tyranny; they being Kings rather in name then Dominion, and like the Athaean two Annuall Prae∣tors; whencei 1.128 Aristotle makes them, the lowest ranke of Kings.k 1.129 Iohn Bodin informes us, That in the Lacedemonian Aristocracie, the Soveraignty remained in the State, wherein were two Kings without any Soveraignty at all, being indeed nothing else but Captains and* 1.130 Generals for the managing of their Warres; and for that cause were by the other Magistrates of the State, sometimes for their faults condemned to pay their fine, as was Agesilaus, and sometimes to death also, as was Agis and Pausanias: l 1.131 Agis the last of the Lacedemonean kings (as Plutarch records) being apprehended and condemned by the Ephori, without an Indictment, and then hanged in a halter. Finallym 1.132 Aristotle himself, andn 1.133 Xenophon informe us; that the Kingdom of the La∣cedemonians flourished very long, yea longer then any other forme of Government, be∣cause their Kings power was but small, and their Kings never desired greater things then the Lawes would beare, by which they had received their Kingdome in the begin∣ning: for in the beginning that Kingdome was divided between two joynt Kings: After which Theopompus left it more moderated to his successours, and constituted the Ma∣gistracie of the Ephori (who had power even to depose and execute their kings if they offended, and rose not up out of their seates unto them;) to retain that moderation; By which meanes he verily weakned the power of the Kingdome, but yet certainely setled it more lasting and stable: whence Theopompus gave this answer to his complaining and upbraiding wife; whether he was not ashamed to leave the Kingdoms lesse to his Chil∣dren then he had received it from his Father? No truly, saith he, for by this means I leave it more stable and lasting. A Speech well worthy the consideration of the very greatest hereditary kings These Lacedemonian kings (whose honours, writeso 1.134 Xenophon, were not much better then those of private men; Etenim, neque Regibus animos 〈◊〉〈◊〉 Ty∣rannicos voluit, Lycurgus, neque civibus eorum potestatem invisam reddere, tooke an o 1.135 Oath every month, to governe the Kingdome according to the Lawes enacted. I finde that thep 1.136 Cumaeans had a Magistrate whom they called Phylactus, whose office was, to come into the full Senate, and hold the Kings hands who stood in judgement be∣fore them; untill by the Senators decree, their reward or punishment was appointed. By which it is apparent, that the Cumaean Senate was above their kings, and did usually arraigne and punish them iudicially, if they saw cause; as they rose up in Armes a∣gainst q 1.137 Aristodomus their king, (who tyrannized over them) by Zenocrita her insti∣gation, slew him and so recovered their Liberties. Ther 1.138 ancient Carthaginians had two kings, whom they stiled Suffites; who were but annuall, removed every yeares

Yea, the Ibersans and Parthians, had two joynt kings in ancient times, the one to judge the other to governe the people. Ins 1.139 Meroe, where they elected their kings by their beauty, stregth or wealth; their Priests had the chiefe power; who had so great autho∣rity, that sometimes (like the Pope and his Nuncioes) they would send a Messenger and command the king to be put to death, and make another in his steed. Which custome was after abolished by one of the kings, who violently assaulted and slew all the Priests: and in t 1.140 Meroe if the king offended, after the Priests power was abolished, they inflicted no corporall punishment on him, but all withdrew themselves from him and avoided his company till he was killed with griefe and consumption. Theu 1.141 Indians will not permit their king to sleep in the day time, and if he be drunken at any time if any wo∣man (of whom he hath a guard) kill him whiles he is drunke she is so farre from being guilty of Treason, that for a reward, she shall be married to his Successour: much like the ancient publike institution of the Selavonians, recorded byx 1.142 Saxo Grammaticus, that the assassinate of evill Kings should succeed them in their kingdomes; a thing fre∣quently practised in many kingdomes and Empires, though very ill enacted in any. They 1.143 Sabaeans confined their Kings to their Palaces, and used to stone them if they went forth of their bounds. Thez 1.144 Mosseriaes whose kings were elective, used to punish them, when they offended, by keeping them fasting a whole dayes space. Among some of thea 1.145 Indians, if the king dyes, having male children of his owne, or cosen-germans or brothers children, they shall not succeed him in the kingdome, but his sister: sonne, if there be any; if not, then his next alliance; and that, ex gentis insti∣tuto, by the institution of the Nation; the reason is, because their Priests used to de∣floure the Queene, whose issue is held to be illegitimate. Inb 1.146 Thraciae, the people elect a king who is well qualified, mercifull, grave for his age, and one who hath no chil∣dren: For no Father, though never so well qualified, is admitted to raigne; and if he fortune to have issue while he reignes, he is deprived, and so kept, lest the kingdome should become hereditary. Yea, though the king be never so just, yet they will not that he should have the whole power, but appoint him 40. Governours, lest hee alone should judge in capitall causes: And if he be convicted of any offence, be is punished with death, yet not by laying violent hands on him, but by publike consent, all food is kept from him, so as at last he perisheth with famine. Thec 1.147 Taprobani had this custome, that no man who had any children should be chosen king, lest he should claime the kingdome as here∣ditary, and make it so. Them 1.148 Athenians, Ionians, Milesians, Marchomanni Quadi, Persians, Sicilians, Corinthians, Parthians, Meroes, Gordii, Medes, Paphii, Ca∣thians, Aetheopians, Sydonians, Germans, Swedes, Danes, and other Nations had se∣verall Customes, Lawes, Rules, (over-tedious to recite) by which they elected and in∣augurated their kings (of which you may read in Alexander ab Alexandro.n 1.149 Strabo, o 1.150 Boemus,p 1.151 Peter Martyr,q 1.152 Purchas, and others) and different degrees of power and government derived from their kingdomes and people, the soveraigne Authority still residing in them to prescribe both Laws and limits to their kings, and call them to publike account for their grosse offences and misgovernment. The ancientr 1.153 Aethio∣piant elected the most fanatique Priest for their king, whom though they adored and ho∣noured for a God, yet Vitam agere STATVTAM LEGIBVS DEBET iuxta patrios mores, he ought to live such a life as the Laws appointed him, according to the manners of the Countey, neither ought he to reward or punish any man himselfe, though chiefe parts of Royalty. Thes 1.154 old German kings had no free nor infinite, but a restrained

and bounded power by the Lawes.t 1.155 Diodorus Siculus writes, that the first Egyptian Kings lived not like other Monarchs, to rule all things according to their wills, Nullis obnoxii censuris, as ob noxious to no censures; but all things, not only their publike acti∣ons, but even the regiment of their daily life, were conformed to the rule of the Lawes (as he there manifests in sundry particulars) both in respect of their attendants, dispatches, devotions, recreations, moderate spare dyet, and the like; neither was it lawfull for them to judge, nor doe any thing, nor punish any man out of petulancy or anger, or any other unjust cause, contrary to what the established Lawes required concerning every of them. Whiles they observed these things customarily, it was so farre that they tooke it ill, or were offended in minde, that on the contrary they thought they lived a most bles∣sed life. For other men rashly giuing indulgence to the affections of nature, acted many things accompanied with losses and dangers; yea some men ofttimes although they fore∣knew they should sinne, did notwithstanding perpetrate evill things, being led away with love or hatred, or some other perturbation of minde; but they, imbracing the rule of life approved by the most prudent men, resolved not to erre from their duty in the least de∣gree. Whiles Kings used this Iustice towards their Subjects, they had their Subjects bound unto them in greater benevolence and love then their very kindred; For not only the Colledge of Priests, but the whole Nation of the Aegyptians, and likewise every one of them were not so carefull of their wives and children and private goods, as of the safe∣ty of their Kings: Wherefore they preserved the estate of the Republike intire for a long time under the mentioned kings, spending their life in greatest felicity, as long as this constitution of Lawes flourished. And when these kings dyed, all the Aegyptians ge∣nerally mourned for them in an extraordinary manner divers wayes, made solemne Ora∣tions in their praise, buried them with great pompe and solemnity, and erected Pyrami∣des to their eternall honour; all which funerall pompous solemnities many ill kings wan∣ted after their deaths, ob plebis refragationem, because the people gain-sayed it, (who to∣gether with the Priests and Senates, who were ever present with the kings to assist, coun∣sell, and direct them, were superiour to their kings, since they could thus decree or deny them these funerall honours) which made many of their following kings to addict them∣selves to just actions too, for feare of contumelious handling and sempiternall ignominy after their decease. So this Author. To which I shall addev 1.156 Xenophons definition of a Kingdome and Tyranny: A kingdome, is an Empire over men by their free assents according to the Lawes of the City: And a Tyranny, is an unlawfull Empire over men against their wills, which depends upon the will of the Prince. And this observation of x 1.157 Polybius, That Kings in ancient times did give themselves wholly to doe that which was honest and just, and to suppresse the contrary; the very beginning of all true king∣domes, and the end for which kings were first instituted by the people. Whiles they thus demeaned themselves, they were subject to no envy, because they differed not much from others, neither in apparell, nor in meat and drinke, but observed a conversation of life conformable to other men, and lived perpetually like to others. But afterwards, when those who obtained the principality of succession, and the prerogative of their blood had those things already provided, which made them able to secure themselves, and to sup∣port their state, following their lusts by reason of their abundance, they then thought, it belonged to Princes to be better clad then subjects, to exceed them in costlinesse and va∣riety of meats, and to use venery with whom they pleased: Hence envy and offence was begotten, and implacable hatred and anger kindled, and a kingdome by this meanes

changed into a Tyranny: Hence men most generous and magnanimous bold spirits un∣able to beare such affronts and insolences of Princes, seditiously conspire against them; and the people having got such Captaines to make resistance, joyne with them for the foresaid causes, that the Princes may be repressed. And thus the forme of a Kingdome and Monarchy is utterly taken away by the roots, and the beginning of an Aristocracy again laid, the people refusing to set any more a King over them, yet not daring to commit the Republike to many, fearing as yet the iujustice of Superiours, and therefore most e∣steeme equality and liberty; So that the Soveraigne power of setling, of changing the Kingdome and forme of government resides principally in the people, who (as hee there largely proves by the Lacedemonian and Roman state) ought to enjoy the Su∣preame authority, and to be above their Kings; as it seems the Aegyptian did,y 1.158 who deposed and expelled Evergetes their King, for his cruelty, and after him their King Ptolomaeus Auletes, setting up Cleopatra his eldest child in his Threne; and as the Ro∣mane Senate did,z 1.159 who had power to dispose of the common Treasury and revenue (one of the greatest points of Soveraignty) to appoint Lieutenants and Governours of Pro∣vinces, to grant Triumphes, to dispose of Religion: (for which causea 1.160 Fertullian saith, that never any God was received in Rome without the decree of the Senate,)* 1.161 and to re∣ceive, answer, and dismisse the Ambassadours of Kings and Nations, which none else did but the Senate; whose Soveraigne power was such, that Tiberius the Emperour in the beginning of his Reigne called the Senators (assembled altogether in the Se∣nate) Indulgentissimos DOMINOS, his most loving LORDS, (and moved the Senate, to divide the Empire, & not to commit it all to one man, as we read inb 1.162 Tacitus) though they were his Subjects and inferiours when divided and severally considered: And such Soveraigne power had the Panaetolium or generall assembly of Parliament a∣mong the Aetolians, who received and answered all Embassadours, determined all affaires of warre and peace, it being provided by the Lawes of the Aetolians, that no∣thing should be intreated of concerning peace or war, but in their Panaetolium or Pelaicon Councell, asc 1.163 Livy andd 1.164 Bodin record.

But to leave these ancient, and come neerer our present neighbor Kings and King∣domes of greatest eminencie and power, which may parallell our owne; The Kings of France (to whome 1.165 Caessanaeus in his Catalogus Gloriae mundi, gives precedency before all others, and to the Emperour himselfe, while but elect, before his Coronation,) have in ancient times been inferiour to their Kingdomes, Parliaments, and subject to their censures even to deposition, if not more, thoughf 1.166 some cry them up for absoluts Mo∣narchs, and make them little better then Tyrants now.

g 1.167 Iohn Bodin, a learned French Lawyer and Statesman, writes, That in ancient times the Kings of the Cities of the Gaules were subject to their States; whom Caesar for this cause oftentimes calleth Reguli, little Kings, being themselves subjects and justifiable to the Nobility, who had all the Soveraignty, causing them even to be put to death if they had so deserved: And that is it for which Amphiorix the Captaine Gene∣rall, whom they called the King of the Lingeois said, Our commands are such, as that the people hath no lesse power over us, then we over the people: Wherein he shewed evidently, that he was no soveraigne Prince; howbeit, that it was not possible for him to have equall power with the people, as we have before shewed: Wherefore these sort of Princes, if they, polluted with wickednesse and villany, cannot be chastised by the Au∣thority and severity of the Magistrate, but shall abuse their wealth and power unto the

hurt and destruction of good men, IT ALWAYES HATH AND SHALL BE LAWFVLL not for strangers onely, but 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 Mo∣narchs 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 Juris∣diction to their whole kingdomes and Parliaments, yea censurable by them to depo∣sition 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 king∣domes 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,h 1.168 the 3. Estates and great Councell of France assembled in Parlia∣ment, and their twelve Peeres (or kings as Fabian termes them) were the highest pow∣er 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 de∣grees. To give a few more instances to cleare this truth.

i 1.169 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 conti∣nues 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 ink 1.170 Hall andl 1.171 Speed.m 1.172 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 Besei∣gne king of Thuringes. Whereupon the French-men with one assent, chose Gyll a Ro∣man, 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 Chil∣derious 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 dividedn 1.173 After the death of Chilpericus, Clotharius be∣ing very young, Gunthranus king of Orleans (his uncle) with the assent of the No∣bles 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 Bruni∣cheild

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 mur∣thers and criminous deeds; which was accordingly executed.o 1.174 King Dagobert exercised such tyranny and iniustice in pillaging his commons by Exactions and Tri∣butes, 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 Tempo∣rall, hee made his will, and setled his Kingdome by their advice; dividing it be∣tween his two sonnes.p 1.175 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 Here∣upon the Lords and Commons, fearing like punishment without deserving, mur∣mured 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 fa∣vour 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.q 1.176 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 for∣mer 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 Nun∣neries 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, r 1.177 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) de∣ceasing, 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 Go∣verne 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 ambas∣sage 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 take•• 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 sub∣dued by his policie and manhood.s 1.178 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 Mi∣nisters 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 Pre∣script 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 Kingt 1.179 Ed∣ward 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, Childerickeu 1.180 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 where∣of 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 byx 1.181 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 Chil∣dren would prove like them; but if at any time they degenerat, and prove otherwise, and the* 1.182 posteritie of the first Kings displease the subjects, they thenceforth make the King∣dome elective; chusing Kings, not according to their strength of body and mindes at∣tempting great things, but according to the difference of their will and reason manifested by their actions: And byy 1.183 Aristotle, who informes us, That in Kingdomes con∣firmed 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 ele∣ction 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; Convo∣cato enim Principum et Senatorum Concilio de COMMVNI SENSV ET VO∣LVNTATE OMNIVN Childericum solo nomine Regem à regni fastigio deponunt, &c. ac OMNIBVS GAVDENTIBVS ET VOLENTIBVS, Pipinum super Francos REGNARE FACIVNT; writesz 1.184 Antoninus: and in a word, our Bishop a 1.185 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.

Pipinb 1.186 deceasing, Charlemain and Charles the great, his sons, reigned joynt∣ly over the Frenchmen, by their ••oyous admittance. Having now two Kings instead of onec 1.187 Lewes, sirnamed the godly, sonne of Charles the great, (a pious, yet un∣fortunate 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 tem∣porall 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 re∣stored.

d 1.188 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 Empe∣rour, their Ʋncle, 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 illegiti∣mate. 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.

e 1.189 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 fear∣fulnesse

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;f 1.190 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 Eng∣land: 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 de∣bate, 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.g 1.191 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 con∣tinued in this Hugh and his Heires.h 1.192 Philip the 2. of France, by a counsell of his Prelates was excommunicated for refusing to take Ingebert his wife, whom he unlaw∣fully put from him, and to renounce Mary whom he had married in her stead; And cal∣ling 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 propo∣sed 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, i 1.193 Lewes the 9. and Henry the 3. of England in a parliament at Paris, made a finall composition for these Lands.

k 1.194 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.l 1.195 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 Coun∣tries hearing of, tooke the same opinion, so that a great rumour and murmur was rai∣sed throughout the Realme of France, in such wayes, that the King for pacifying the people, was faine to repeale the said Taxe.

m 1.196 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 murmu∣red and grudged wondrous sore, and before it was levied, hee fell into a Fea∣••••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.n 1.197 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 need∣full 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 com∣mand 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. Thiso 1.198 Charles dying without Issue Maie, leaving his Wife great with Childe, Philip Earle of Ʋaloyes, his Ne∣phew, 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 which one Simon Poylet was hanged in Chaines, Headed, and Quartered at Paris, for saying in open audience, that the right of the Crowne of France belonged more rightfully unto King Edward, then to King Philip; who had long warres about these their Titles to the Crowne.

Kingq 1.199 Iohn of France, in the fifth year of his reigne, had by authority of the three estates of his Realme assembled in Parliament (to wit of the spirituall Lords and Nobles, and Heads of Cities and good Townes of his Kingdome) 3000 men waged for a yeare, granted to him to defend him and his Realme, against Edward the third King of England; who the next yeer following took King Iohn prisoner in the field: Whereupon Charles Duke of Normandy, his eldest sonne, and Heire apparent, assem∣bled the 3 Estates at Paris in a Parliament there held, craving aid of them to redeem their captivated King; who promised their uttermost help herein, desiring conve∣nient time to consult thereof: Which granted, the three Estates holding their Coun∣cell at the Gray Fryers in Paris, appointed fifty persons among them to take view, and make search of the grievances and evill guidance of the Realme; who after exa∣mination appointed six of themselves to acquaint the Duke, That the Realme before time had beene misguided by ill Officers, and except remedy for it were shortly found, it should stand in perill to be lost; wherefore they besought him to discharge all such as

they would name unto him, and over that to forfeit their Goods to the Kings use. And first they name Peter Archbishop of Roan, Chancellor of France, Sir Simond de Bury, chiefe Counsellor of the King and Parliament too, Sir Robert de Lorize be∣fore time Chamberlaine to the King, Sir Nicholas Brake Master of the kings Palaces, Engueram Burgesse of Paris & under Treasurer of France, Iohn Pryll Soveraigne of the money & King, accounts, and Iohn Channeon Treasurer of the Kings wars. All which Officers they would should be discharged all royall Offices for ever: Also they would that the King of Naverne (then imprisoned by the King of France) should be set free, and that Duke Charles himselfe would be contented to be advised and counselled by such as they should appoint unto him; namely, by foure Prelates, twelve Knights, and twelve Burgesses, which eight and twenty persons should have authoritie to rule and ordaine all things necessary for the Realme, to set in and put out all Officers appertain∣ing to the Realme, with divers other requests which unto the Duke were nothing agree∣able: Vpon which requests the Duke gave answere, That he would counsult with his Councell, and thereupon would shape unto them some reasonable answere. But first he desired to know, what aide the three Estates would give unto him, for delivery of his Father: Whereunto was answered, that the Clergie had given a disme and a halfe to be paid in a yeare, with that, that they may have license of the Pope, and the Lords as much to be levied of their lands, and the Commons the tenth penny of their moveable goods. The morrow following the Duke and his Councell met, and after many Messages betweene them and the three Estates, offers to reforme some part of the Articles. But the Estates firmely answered, That unlesse he would reforme all the said faults, and confirme the said Articles to their minde, for the Common∣wealth of all the Land, they should not aide him with their Goods, like as they shewed him. The Duke hereupon secretly acquainted King John of these proceedings, who wrote to him againe, that in no wise he should agree to the said requests, and to the end that these matters should not be touched in open Parliament, he deferred the de∣bate of them from day to day; and at last by advice of his Councell, dissolved the Parliament of the three Estates, and commanded every man to returne home without any effect of their long counsell: Wherewith many of the said persons were grievously miscontent, saying among themselves, that they perceived well this was done by the Duke to the intent the requests by them devised, should not take place, but that the old misgovernance might continue like as before times it had done: Wherefore divers of them assembled againe at the Gray Fryers, and there made out divers Copies of the said requests, to bear them into their Countries, and shew them unto the good Townes. And albeit the Duke after this Councell thus disolved, asked ayde of the Citie of Paris, and other good Townes to maintaine his wars; he was plainly answered,* 1.200 That they might not ayde him, unlesse the three Estates were againe reassembled, and that the grant of the ayde might passe by their authority: Whereunto the Duke in no wise would agree. In the mean time the 3 Estates of Languedock assembled in their Province by the Earl of Armenake, the Kings Lieutenant, to make ayde for the Kings deliverance, agreed to purvey at their proper costs 500 men at Armes, with a furniture to every speare, and a 1000 souldiers on horsbacke, 1000 Arbalestres, and 2000 others called Gunsiers: all which to be waged for a whole yeare; and farther ordained, that no man should weare any furres of great price: that women should leave the rich at tire off their heads, and weare neither pearle nor gold upon them, nor silver in their girdles; and that all

manner of Minstrelsie should be put to silence, so long as the King remained prisoner. The Duke and his Counsell after this, proclaimed at Paris certaine coynes and va∣lues of money, newly ordained by them; with which Proclamation the Commons of the City were grievously ••moved: And for reformation, the Provost of the Mer∣chants with others, rode to the Earle of Angeou the Dukes Brother and Lieutenant, (who was then absent at Meaux) requesting him to cease the use of that money; And if not they would use such meanes, that it should not be suffered to be put forth nor ta∣ken within the City. Whereupon after long debate it was agreed, that the money should be stopped till the Dukes pleasure was knowne: Vpon whose returne, the Dukes coun∣sell sent for the Provost, and desired him to suffer the said money to run and be currant throughout the said City; Which, the Provost with his company utterly denyed: and after many great and bold words, departed from the Counsell in great ire, and after their returne unto the City, incensed so the Commonalty, that they set apart all work∣manship and Occupation, shutting in their Shops, and drew unto their Armour and Harnes. The Duke informed of this murmure of the Commonalty of the City, straitly commanded the Provost, that the Kings peace were kept within the City; and that he with certaine Citizens should appeare at the Palace before him and his Counsell the next day, at an houre assigned: at which time the Provost with his company came and were conveyed into the Parliament Chamber, where the Duke and his Coun∣sell were present. Then the Duke after certaine Challenges made to the Provost for his obstinacy and misleading the Commonalty of the City, said: That, albeit the King by his* 1.201 Prerogative, might at his pleasure, and for his advantage, make his mo∣nies when he would, and so to suffer them to be currant thorow his Realme; yet for the weale and ease of his Subjects, considering their manifold and late charges, he was con∣tent, that at this season, this new money should be spared; and that the 3. estates should be againe assembled, and that they should deprive all such persons then bearing Offices as they should thinke prejudiciall to the Realme, and ••ver that, to ordaine such Money as might be beneficiall for the Land: Of all which Grants the Provost, to the intent, that he might of authority shew them unto the Commonalty of the Citie, desired a writing: The which the Duke to appease the people, though it were much contrary to his minde and his pleasure, granted unto his request. The thirtieth day of Ianua∣ry ensuing, the Duke, at the request of the said Provost, sent certaine Officers to the houses of Simon de Burg, and others accused of misgoverning of the Realme, whose houses the said Officers seized and made Inventories of their goods: That done, the Duke sent out Commissions, and assembled the Three Estates againe at Paris, the 15. day of February: Where, in the parliament chamber in the presence of the Duke, Estates, and divers Nobles, Robert Coke Bishop of Laon by command of the Duke, made a long Oration, of the misguiding the King and the Land by meanes of evill Of∣ficers, as well by changing of money, as other many unlawfull Excises and Taxes, to the great impoverishment of the Commonalty of the Realme, and to the singular enrich∣ing and advancement of the said Officers; Wherefore the Three Estates prayed, that all such Officers may be removed from their Offices, and other that shall be thought more beneficiall for the King and his Realme to be admitted: Of which Officers the Arch∣bishop of Roan (then newly made Cardinall) was noted for one, and other to the num∣ber of 21. whereof some were right neere to the Duke. After which Oration, Sir Iohn de Pigquine, in the name of the Three Estates offered, That the Three Estates should

finde to the King 30000. men for an whole yeare, so as all things might after that day be ordered as the Bishop had before devised: All which Articles were unto them by the Duke granted, and incontinuently all such Officers as they before had named were clearly avoided, and other such, as by the said 3. Estates were thought most necessary, were put and chosen to their roomes, except that some of the old (as Masters of Accounts and some of the Presidents and Masters of the Requests) were holden in for a time, to shew unto the new, how they should order and guide their said Offices: And the 26 of March was a new money proclaimed thorow Paris, such as the said 3. Estates had newly devised. The King informed of this, sends the Archbishop of Sennes and two Earles from Bur∣deaux where he was prisoner, with a Proclamation, which they caused to be proclai∣med in Paris the 6. of April, That the people should not pay such Subsidies as the 3. E∣states had ordained for the waging of the 30000. men aforesaid, or for the Kings fine; and also that the 3. Estates after that day should no more assemble for any causes or matter before touched, till they had farther knowledge of the Kings pleasure: For which Pro∣clamation the Citizens of Paris much blamed the said Bishop and Earles, who pur∣chased it, who as soone as this Proclamation was made, for feare of the people, fled from Paris. Ʋpon this Proclamation the Commons waxed so mad, that they left their occupations, drew them to Conventicles and Companies, and used many unfitting words of the King and his Counsell: Whereupon to avoid inconvenience, the Duke comman∣ded a Watch to be kept in the City day and night, and certaine Gates of the City to bee kept shut. Vpon the 9. day of April, another Proclamation was made all contrary to that other. By vertue whereof, it was charged, that the fore-said Subsidies should bee levyed, and also that the 3. Estates should re-assemble at Paris, the 5. day after Easter, and there to proceed upon all such matters as were before by them begar. When the E∣states meet againe there grew a difference between them and the Duke, about the sub∣sidies for the finding of 30000. men, the summe assessed for that purpose being too small by much, the Clergy and Lords then refusing to pay any more then they were first sessed unto: By meanes of which difference, the assembly of State was dissolved. Whereupon strait command was given by the Duke to the Provost of Paris and o∣thers (who bare principall sway within the City, and were great stricklers and doers in the Assemblies of the 3. Estates, so that much of the businesse was ruled by them and their meanes;) that they should cease their Authority, and not to deale any more with the rule of the Realme, but onely with the good rule and government of the City of Paris: That done, the Duke rode about to divers good Townes, making request to them for ayde, and to have this new money currant among them. But he sped little of his purpose. Then shortly after he assembled at Paris certaine person of 20. or 30. Townes next adjoyning, with whom he held a Counsell for sundry dayes; who in the end shewed him; that they might bring nothing to effect without the assembling the 3. states, besought him that they might be eft-soon assembled, trusting that they would then satisfie his minde: Upon which the Duke sent forth Commissions, charging the said 3. Estates to appeare before him at Paris the next Wednesday after All-Saints day; which they did, where the Duke condiscending to their former Articles he gave the King of Navarre and the 3. Estates full content; who promised that they would de∣meane themselves to his Father and him, as true and dutifull Subjects; and advising him to take upon him the Government of the Realme, they created him Regent of France, during his fathers imprisonment. After this hee assembled the Estates and

chiefe Burgesses of Cities at Paris, and acquainted them with the King of Englands large demands for his fathers inlargement; which were so displeasing to all the compa∣ny, that they answered, The said Treatie was neither honourable nor profitable: And rather then the King should binde him and his land to such inconveniences, they would prepare to make sharpe Warre against England: whereupon they granted to finde divers thousands of men at Arms, at their owne costs, for certain moneths, to relieve the King: And atq 1.202 another Parliament assembled when Iohn was dead, and Charles came to the Crowne, they granted an excise of every 4 penny of all things bought and sold for the maintenance of his warres, the spiritualty granted him a disme, and the Lords and Gentlemen were stinted at a certaine. And in the eleventh yeare of his reigne, he assembled his great Councell of Parliament at Paris, where among many Acts made for the weale of the Realme; he, with the assent of the Lords and Commons there as∣sembled, enacted for a Law after that day to be continued, That all Heires of the Crowne of France, their fathert being dead, may be crownned as Kings of France, so soone as they attained to the age of fourteene years. And in the fifteenth yeare of his reigne, ther 1.203 Duke of Flanders granted to those of Gaunt such Articles of agreement, for the confirmation of their liberties, the repealing of illegall taxes, the electing of their owne Officers, the Dukes Councellours, and the like (which you may read in Fabian) as plainly manifest this whole Dukedome and people to be of greater jurisdiction then himselfe, though invested with regall authoritie, and that he had no power to im∣pose any taxes on them, without their grant and consent; the contrary whereof cau∣sed many bloudy warres among them.

Charless 1.204 the seventh (after Fabians account, but sixt after the French History) a Childe of thirteene yeares, by reason of the difference between the Lords who should be Vicegerent, was by the advice of the major part of the Lords, for the common good of the Realme, Crowned at Raynes within the age of fourteen yeares, contrary to a Law made in the eleventh yeare of his Father. In the fourth yeare of his reigne, the Citizens of Paris murmuring and grudging for divers impositions and taxes un∣duely leavied upon them, suddenly arose in great multitudes, intending to have distres∣sed some of the kings Houshold: Whereupon soone after, the Kings Councell consi∣dering the weaknesse of the Treasure, and his great charges and needs; and assembling a Parliament of the Rulers of Paris, Roan, and other good Townes, exhorted them to grant the King in way of Subsidy, twelve pence in the pound, of all such Wares at that day currant, for the defence of the Realme and subjects. To the which request, after consultation taken, it was answered; That the people were so charged in times past, that they might not beare any more charges till their necessity were otherwise re∣lived: and so the King and his Councell at this time were disappointed. In his se∣venth yeare, by the Duke of Angeau his procuring, a tax was laid upon the Com∣mons of France (without the three Estates:) Which to bring to effect, many friends and promoters were made, as well of Citizens, as others. Whereupon the Commons of Paris and Roan became wilde, assembled in great companies, chose them Cap∣tains, and kept watch day and night, as if enemies had been about the Citie; utter∣ly refusing to pay that Tax. This Charles being none of the wisest Prince, ruled by his houshold servants, and beleeving every light Tale brought unto him,t 1.205 march∣ing against the Duke of Brittaine, as he came neare a wood, was suddenly met of a man like a Beggar, which said unto him, Whither goest thou Sir King? beware thou

goe no further, for thou art betrayed, and into the hands of thine enemies thine owne Army shall deliver thee. With this monition the King was astonied, and stood still, and began to muse. In which study one of his followers that bare his Speare, sleeping on Horsback, let his Spear fall on his fellowes Helmet; with which stroke the King was suddenly feared, thinking his enemy had come unawares upon him; where∣fore in anger he drew his sword, slew foure of his owne Kinghts ere he refrained, and took therewith such a deadly fear, as he fell forthwith distracted, and so continued a long season, being near at the point of death. VVhereupon his brother Lewes of Or∣leans, being but young, the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders; wherefore his two Vncles the Dukes of Berry and Burgaine, BY AVTHORITY OF THE STATES OF THE LAND, specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season, it being ordered by a speciall Law, that they should abstain from the name of Regent, unfit in this sudden accident, the King being alive, and of years: And because the Duke of Berry had but an ill name, to be covetous and violent and was therefore ill beloved of the French, his younger brother Philip Duke of Burgoyn, had the chiefe charge imposed on him; and though the Title was common to both, yet the effect of the author tie was proper to him alone, who chan∣ged divers Officers. After which the Duke of Orleance was made Regent, being the Kings younger brother, who pressing the people with quotidian taxes and tallages, and the spirituall men with dismes and other exactions, he was at length discharged of that dignitie, and the Duke of Burgoyne put in that authoritie. After this our Kingu 1.206 Henry the fift, gaining a great part of France, and pretending a good title to the Crowne (recited at large byx 1.207 Hall and Iohn Speed) the Frenchmen to settle a peace, made this agreement with King Henry:y 1.208 That he should marry Katharine the French Kings daughter, and be admitted Regent of France, and have the whole government and rule of the Realme, during Charles his life, who should be King of France, and take the profits of the Crowne whilest he lived; and that after the death of Charles, the Crowne of France, with all rights belonging to the same should remaine to King Henry, and to his Heires Kings: That the Lords spirituall and temporall, and the Heads and Rulers of Cities, Castles and Townes, should make Oath to King Henry, to be obedient to his lawfull commands concerning the said Regency, and after the death of Charles to become his true subjects and liegemen; That Charles should in all his writing name King Henry, his most dearest sonne, Henry King of Eng∣land, and inheritour of the Crowne of France; That no imposition or tax should be put upon the Commons of France, but to the necessary defence and weale of the Realme; and that by the advice of both Councels of the Realmes of England and France, such sta∣blished Ordinances might be devised, that when the said Realme of France, should fall to the said Henry, or his Heires, that it might with such unity joyne with the Realme of England, that one King might rule both Kingdomes as one Monarch; reserved al∣wayes to either Realme all Rights, Liberties, Franchises and Lawes, so that neither Realme should be subject unto other, &c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France▪ Butz 1.209 Charles dying, his sonne Charles the eight, was by some part of France, and many Lords, reputed and knowledged King, but not crowned whiles the Duke or Bedford lived and remained Regent, our Henry the sixth, both in Paris and many

other cities, being allowed for king of France. After his death, his sonnea 1.210 Lewes the eleventh, (〈◊〉〈◊〉 Fabian accounts) by strength of friends was crowned king of France; who refused the counsell and company of his Lords, and drew unto him, as his chiefe Councellors, villaines and men of low birth, as Iohn de Lude, Iohn Balua, Oliver Devill, (whose name for odiousnesse he changed into Daman) with others, whom he promoted to great honours and places: VVhereupon the Lords murmured, and were so discontented, that the Duke of Brittaine, and others, withdrew them from the king, and refused to come unto his presence when he sent for them, raising a great power: And when no peace could be mediated between the king and them, they met in a plaine battell at Chartres, where many were slaine on both sides, but the king lost the field. After which an accord was made betweene them, but the king continued his old courses, delighting more in the company of lewd, irreverent persons, to eate and drink with them, and to heare them talke of ribaldry and vicious fables, then to accompany his Lords, which might have won him much honour, going liker a Serving man then a Prince: and being a great oppressor of his subjects to maintaine Hiprodigality, for lack of money, he was driven of necessitie to aske a preste of the citizens of Paris; who, after many excuses, which might not be allowed, they last∣ly denyed the kings pleasure. VVherewithall he being grievously discontented, re∣moved divers from their offices, and put many of the richest and head men of the citie to death, upon surmised causes, without proofs of justice: For which causes, and many other oppressions, the Lords against assembled their people, intending to subdue the king, and to set his brother in his place, or to cause him otherwise to rule the Com∣monwealth: To which end all the Lords met at a Towne called Stampes, where they continued their Councell fifteene dayes, and then marched to Paris, sending four se∣verall letters unto the citie; one to the Bishops and spirituall men, the second to the Consulls and headmen, the third to the Vniversitie, the fourth to the Commo∣nalty, signifying, That neither they nor any of their company were come thi∣ther as enemies to the Citie, or to warre against it, or the Commonwealth of the Land, but for the increase and augmentation thereof to the uttermost of their powers. VVhereupon these foure parties sent certaine Orators for them to the Lords, who after long communication with them had, returned to the citie with this report; First, the Lords would that the inhabitants of the City should consider the conditi∣ons of the King, which yearly oppressed his Subjects with taxes and other grievous ser∣vages. Secondly, how he despised the noble bloud of his Realme, and drew to him vil∣laines and men of no reputation, by whose counsell onely all the Common-weale of the Land was guided and ruled. Thirdly, how hee ruled his Subjects by force and will without administration of justice, and himself in all Counsels and Parliaments is Iudge of all causes, and calleth himselfe Counsels and Parliaments more for this singular weale then for the Common-weale of his Realme. Fourthly, how he enhaunsed men of low birth to great honours, and caused Noblemen to be obedient unto them, intending to bring the said ignoble men to be equall with the Princes of the Land. Fifthly, how the Lawes be delayed and bolstered by such as stand in his favour, wherethrough at this day Law is will, and will is Law, and no man almost in any surety of life or goods; inso∣much that daily many have been banished and put to death for unlawfull causes, and also to any Noble-man at this day no power or roome of honour belongeth; so that to the wild Beasts in the Forrests appertaineth more Liberty and surety then to the more

party of the Kings subjects. Sixthly, The great taxes and summes of money which daily be levied of the Commons be not spent in the Kings honourable needs, and for the Com∣monweale of the Realme, but are spent vainly and riotously, and bribed out of the Kings Coffers; for which enormities and misgovernance with many other, the said Lords were come thither in defensible wayes for the safeguard of their owne persons, as to the head and principall City of the Realme, for to have aide and Counsell, to reforme the foresaid evills, not intending any harme to the Kings person, or yet to remove him from his regality or Kingly Majestie; but to induce and advertize him to that which should be for his honour and the weale of his Realme, and to live in wealth and honour, as his Noble Progenitors lived before him; For which causes and considerations, the said Lords, as the Kings true Subjects, and friends to the Commonwealth of the Land, and of that City, desired to enter there to refresh them and their people, and to pay truly for all things they should take, without doing harme or violence to any person. All which requests and matters of the Lords shewed to the Inhabitants of the City, by fauour of some friends they there had, it was with the more partie well accepted, and though convenient they should be received into the Citie; but by meanes of the Earle of Davoise it was respi∣ted, till they had further knowledge of the Kings pleasure: who comming out of Nor∣mandie into, Paris after diuers Skirmishes, the King and Lords fell to a Treaty of peace, whereupon Commissioners on both sides assembled and communed together by sundry times two dayes; In which season new strength of Souldiers came to the King out of Normands. The Treatie hanging long, and a longer Truce being proclai∣med, the souldiers fell to robbing, and other unlawfull acts; and at last, through obsti∣nacy on both parties, all offers were refused, and the day of the Truces expiration ap∣proached, without hope of accord; whereupon provisions for warre were made on both sides. Then begun grudges and murmures betweene the kings souldiers and the citi∣zens of Paris: and shortly after newes came to the king, that the Castle and Citie of Roan was yeelded up to the Duke of Burbon: VVhereupon the King considering what great advantage the Lords had of him, both by strength and favour of the Com∣mons, which daily drew unto them by sundry companies, in avoiding of more danger, concluded a peace: which being proclaimed thorowout all France, the King and Lords met, to whom the King shewed great semblance of kindenesse, specially to his brother Charles Duke of Normandy; therein appeared great dissimulation, Lewes being of such conditions, That what he might not overcome with strength, he would win with dissimulation and treachery. Not long after the King warred upon Charles his brother, the Duke of Burgundy and Brittaine, and a Treaty of peace being pro∣pounded betweene them, Charles answered, That if a perfect concord should be esta∣blished betweene the King and him, it should be authorized by the whole consent and counsell of the Barons of the Realme. VVith which the King being content, at Turon, in the moneth of April, and tenth yeare of his reigne, assembled a counsell of his Lords spirtuall and temporall, in the which the demands of Charles, and offers of the king were shewed: And after the said Councell had at length reasoned the said demands and offers, it was finally determined, That the Dutchy of Normandy was so appropriated unto the King of France, and to his heires, that in no wise it might be disseve∣red from the Crowne; but that a perfect unitie might be had betweene the King and his brother, the King should be instanced to give yearly to his brother in recompence of the said Dutchy, 12000 pounds of Turon money, with certain land to be assigned with the

name of a Duke, and 40000 annuall rent of like money during his naturall life, for such portion as he claimed to be his right, within the Realme. To all which the king agreed, and to pardon the Duke of offences against his Majestie, and all such Lordships as he had wonne from him in Britaine, to restore: which offers Charles refusing, was the yeare following contented with the Dutchy of Guyan onely, and so the warre of Nor∣mandy ceased. After Lewes his death most of his speciall and dearest beloved Servants and ill Councellours (whom he specially recommended to his sonne Charles the ninth on his death-bed) came to disgracefull ends:b 1.211 Oliver Dam∣man was beheaded for Treason, and Iohn Doyacon for trespasse and hatred unto the common people by his desert, was with all shame brought to the Market place at Pa∣ris, and there bereft of both his ears, and then banished the Court for ever; by rea∣son whereof arose this proverbe among the Frenchmen, Principibus obsequi haereditarium non esse, The favour of Princes is not hereditary.c 1.212 Philip de Commi∣nes living under Lewes the eleventh, and Charles the eighth, by whom he was made Lord of Argenton, being in high favour with them, and a great Councellor of State, hath this notable passage, against the French Kings power then to impose any taxes on their Subjects, without their free assents in a Parliament of the 3. Estates, though the contrary be now daily practised, to the intollerable grievance of the subjects; c 1.213 Is there any King or Prince that hath power to leavie one penny upon his subjects, besides his demains, without leave or consent of those that must pay it, unlesse it be by tyrannie and violence? A man will say, that sometime a Prince cannot tarry to assemble his Estates, because it would require too long time. Whereunto I answere, That if he move a Warre offensive, there needeth no such haste, for he may have leisure enough at his owne pleasure to make preparation; and further, he shall be much stronger and much more feared of his enemies, when he moveth warre with the consent of his subjects, then otherwise. Now as touching a warre defensive, that Cloud is seene long before the tem∣post fall, especially when it is a forraine warre; and in this case good subjects ought not to complaine, nor to refuse any thing that is laid upon them: Notwithstanding such invasion cannot happen so suddenly, but the Prince may have leisure at the least to call together certaine wise personages, to whom he may open the causes of the warre, using no collusion therein, neither seeking to maintaine a trifling warre upon no necessitie, there∣by to have some colour to leavie money. Money is also necessary in time of peace, to fortifie the Frontiers, for defence of those that dwell upon them, lest they be taken un∣provided, but this must be done measurably. In all these matters the wisdome of a sage king sufficeth, for if he be a just Prince, he knoweth what he may do, and not do, both by Gods Lawes and mans. To be short, in my opinion, of all the Seniories in the world that I know, the Realme of England is the Countrey where the Commonwealth is best governed, the people least oppressed, and the fewest buildings and houses destroyed in ci∣vill warre, and alwayes the lot of misfortune falleth upon them that be authors of this warre:* 1.214 Our King is the Prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what he listeth upon his subjects, considering that neither he nor any other Prince hath power so to doe; and those that say he hath, do him no ho∣nour, neither make him to be esteemed any whit the mightier Prince thereby, but cause him to be hated and feared of his neighbours, who for nothing would live under such a government: But if our King, or those that seeke to magnifie and extoll him, should say, I have so faithfull and obedient subjects that they deny me nothing I demand, and I

am more feared, better obeyed, and better served of my subjects, than any other Prince living; they endure patiently whatsoever I lay upon them, and soonest forget all charges past. This (me thinkes, yea, I am sure) were greater honour to the King, then to say, I leavie what I list, and have priviledge so to doe, which I will stoutly maintaine. King Charles the fift used no such termes, neither did I ever heare such language pro∣ceed from any king, but from divers of their servants, who thought they did their Ma∣ster great service in uttering such speeches; but, in mine opinion they misbehaved them∣selves towards their Prince, and used such language, partly because they would seeme to be good servants, and partly because they knew what they said. But for a manifest proofe of the French mens loyaltie and obedience to their Prince, we need alledge none other ex∣ample then that we have seene ourselves of late by experience, when the Three Estates were assembled at Towrs, after the death of our Master King Lewes the eleventh, which was in the yeare of our Lord, 1483. A man might have thought this good as∣sembly to be dangerous for the kings estate;* 1.215 yea, and divers there were of mean calling, and lesse honesty: that said then, and often said since, That it is Treason to make mention of assembling the Estates, and a thing tending to the diminishing of the Kings authoritie; but themselves are those that worke Treason against God, the king, and the Common∣wealth; neither doe any use these speeches, but either such as are in authoritie without desert and unworthy thereof, or such as are common Tale-carriers, and accustomed to talke of trifling matters, or such as feare great assemblies, lest their doings should there be ripped up and reprehended, &c.d 1.216 Charles the eighth of France, beeing but thir∣teene yeares of age when the Crowne descended to him; hereupon in the year 1484. a generall Parliament was held at Towrs, with more free accesse then had beene usu∣all, yet not so effectuall as was expected, every one seeking rather to maintaine his private authoritie then to procure the peoples ease. In this Parliament the pragmatick sanction was restored, to use it as they had accustomed. The Constables sword was given to the Duke of Bourgon, the government of the Kings person to his Sister; a cunning woman, and somewhat of her fathers humour; but the name of Regent was forbidden to them all, to prevent jealousies: and there was a Counsell enacted of Twelve, by whom matters should be dispatched in the kings name; of the which Lewes Duke of Orleance should be President. Lewes discontented with the device, seekes to hold his ranke; he pretends, that being the first Prince of the blood, the Regency belonged unto him: he assists at the Councell in Parliament, and in the assemblies in Towne, and notwithstanding the last VVill of King Lewes, and the Decree of the Estates, yet will he by force have the name and effect of Regent. VVhere∣upon discontents arising, he leaves the Court in discontent, and raised a civill warre. However, the Estates setled the Regencie and affaires of the Realme.e 1.217 Anno 1525. Francis the first King of France was taken prisoner by the Emperour Charles the fifth in the Battell of Pavia; who by mediation of Friends for his enlargement, sent the Earle of Reux his Lord Steward, to offer the King Liberty, so as he would resigne all the rights he pretended in Italy; restore the Dutchy of Burgongue, as belongeth to him by right, with Provence, and Dolphine for the Duke of Bourbon, to incorporate them with other Lands which he had formerly enjoyed, and to make all together a Kingdome. Moreover the Emperour offered to give him his sister in marriage, propounding ma∣ny other conditions, so absurd and void of reason, as it is better to let the curious reade them in the Originalls themselves. Amongst all losses, that of Liberty toucheth nee∣rest;

but Francis having learned to withstand all adversity with a constant resolu∣tion, said, I will dye a Prisoner rather then make any breach in my Realm for my delive∣rance, whereof I neither WIL NOR CAN alienate any part without the consent of the Soveraign Courts and Officers, in whose hands remains the authority of the whole Realm We preferre the generall good before the private interest of Kings persons. If the Em∣perour will treat with me, let him demand reasonable things which lye in my power, then shall he finde me ready to joyne with him, and to favour his greatnesse. The Emperour seeing the King constant in this resolution, in the end yeelded to his delivery, upon these termes, That within six weekes after his delivery he should consigne the Dutchy of Burgengue to the Emperour, with all the dependancies, as well of the Dutchie, as of the County, the which should hereafter be sequestred from the Soveraigntie of the Realme of France; That he should resigne to the Emperour all his rights pretended to the Estates of Naples, Milan, Genoa, and Ast: That he should quit the Soveraignty of Flaunders and Arthois, &c. Hereupon the King being enlarged, and arrived at Beyonne, he was required, to ratifie the Accord, which he had promised to doe when hee came to a free place: but he delayed it with many excuses, giving the Emperour to un∣derstand, that before he proceeded to such an act, it was necessary that he should pacifie his Subjects, who were discontented with bonds which tended to the diminution of the Crowne of France, &c. After which, the Pope and the Venetians sending Messengers unto him, he complained of the Emperour, that he had wronged him in that he had forced him to make impossible promises, and that he would be revenged if ever occasion were offered; and that he had often told him,* 1.218 that it was not in the power of a French King to binde himselfe to the alienation of any thing depending of the Crowne, without the consent of the Generall Estates: that the Lawes of Christians did not allow, that he which was taken in Warre should be detained in perpetuall prison, which was a punish∣ment proper to Malefactors, and not for such as had bin beaten by the cruelty of fortune: that all men knew that Bonds made by constraint in prison, were of no value, and that the capitulation being of no force, the faith likewise which was but accessary, and the confir∣mation of the same could not be bound: that by the oath which he had taken at Rhemes at his Coronation, he was bound (according to the custome of other Kings of France) not to alienate the patrimony of the Crowne; and therefore for these reasons he was no lesse free then ready to abate the Emperors pride. The Emperor growing jealous of the Kings delayes, for ratification thereof sent one unto him, to be certified of his intent, who found him very unwilling to leave Burgundy; which being very prejudicall to the Crowne of France, he said, was not in his power to observe; and that hee could not alien the Bourguinans without their assents in an assembly of the Estates of the Country, which he intended to call shortly to know their minds. By which it is most ap∣parent, that the Kings of France have no power at all to dispose of their Crown lands or alienate them to others (as other Subjects may doe) because they hold them onely in the right of their Crowne for their Kingdomes use and service, the true proprieters of them. Upon which very groundf 1.219 Philip Augustus King of France, Anno 1216. in a solemne Assembly of the States at Lyons, told Walo the Popes Legate (who came to prohibit his Sonne Lewes to goe to receive the Crowne of England, because King Iohn had resigned it to the Pope;) That no King or Prince can give away his Kingdom without the consent of his Barons, who are bound to defend the Kingdome; and if the Pope decreed to defend this errour, he should give a most pernitious Example to all king∣domes:

Whereupon all the Nobles of France began to cry out with one mouth, That they would stand for this Article unto death, That no King or Prince by his sole plea∣sure could give his Kingdome to another, or make it tributary, whereby the Nobles of the Realme should be made servants: And the next day Lewes his Advocate alledged, that King Iohn for his homicides and many other enormities, was justly rejected by his Barons, that Hee should not reigne over them. That he could not give the Crowne of England to any one without the assent of his Barens; and that when he had resigned it, he presently ceased to be a King, and the Kingdome became void without a King, and being so vacant could not be disposed of without the Barons, who had lawfully elected Lawes for their King: who in pursuance of this his Title, (which the Estates of France held just,) sailed into England, took possession of the Kingdome, received homage of all the Barons, and Citizens of London, who joyfully received him, taking an Oath upon the Evangelists, to restore them their good Lawes, together with their lost Inheri∣tances.

g 1.220 Henry the 2. of France being casually slaine by the Earle of Montgommery in running at the Tilt, left the Crowne to Francis the 2. being but about 16. yeares of age, the Queen Mother, with his wives Vncles the Duke of Guise, and the Cardinall of Loraigne, hereupon usurped the Government of his person and Realme, dispossessed the chiefe Officers of the Crowne, kept backe the Princes of the Blood from Court, the true and lawfull Governours of the State during the Kings minority, and plotted the meanes to raise their race to the Royall Throne, by displacing all great Officers, substituting others of their owne faction, and endeavouring to extirpate the Pro∣testant party, whom they seared as most opposite to their treacherous designes; They doe and undoe, place and displace in Parliament and Privie Councell, like absolute Kings; they revoke all alienations for life or yeares made by the deceased King in recompence of any services, except sales; they caused divers Protestants to be put to death, imprisoned, pillaged: Wherewith the princes, Officers and people being ge∣nerally discontented, to redresse the present and prevent all future disasters that might ensue, require a generall Parliament (as the Soveraigne cure for such d••seases, whereby the Queen Mother might be put from her usurped Regency, and those of Guise excluded from the King person) who to please the king perswade him, that their opposites sought only to bridle and make him a Ward, and that he should hold them enemies to his Autho∣rity and GƲILTY OF HIGH TREASON THAT TALK OF A PAR∣LIAMENT. The King of Spaine to crosse them, by Letters to the King his Bro∣ther-in-law, declares himselfe (for the good affection he bare to him) Tutor and Pro∣tector of him, his Realme and affaires, against those that would change the Government of the Estate, as if the King were not capable of the Government. Pleasant people, which reject so much the word of lawfull tutelage, and yet usurped it against the Lawes and Orders of the Realme, holding it onely by tyranny. After this they cast many slan∣ders on the Protestants, put Anne dis Burge and other Councellours of Parliament to death, pistoll Anthony Minard president of the Parliament, publish sundry Edicts against those of the reformed Religion, promise great recompences to those that dis∣cover their assemblies, fill their prisons with them, imploy ayre, fire and water to ruine them, and kept the king from hearing his Subjects complaints. The princes were kept backe, the greatest of the Realme out of credit, threatned, and secretly pursued to death, the convocation of the Estates refused, the parliaments corrupted, the Judges

for the most part at the Guisians devotion, and the publike treasure, offices and bene∣fices given to whom they pleased. This their violent government against the lawes, and orders of the Realme, purchased them wonderfull hatred, and caused many which could no longer endure these oppressions, to consult ƲPON SOME IVST DEFENCE, to the end they might preserve the just and ancient Go∣vernment of the Realme. They demand advice,* 1.221 TOVCHING LAW AND CONSCIENCE OF MANY LEARNED LAWY∣ERS AND DIVINES: who resolved, THAT THEY MIGHT LAWFVLLY OPPOSE THEM∣SELVES against the government which the house of Guise had usurped, AND AT NEED TAKE ARMES TO REPVLSE THEIR VIOLENCE; so as the Princes, who in that case are born Magistrates, or some one of them, would undertake it, being required by the Estates of the Realme, or by the sounder part of them. They who first thought of this Act of consequence, had severall considerati∣ons: Some, moved with a true zeale to serve God, the King and Realme, thought they could not doe a greater worke of pietie, then to abolish Tyrannie, rescue the State, and to finde some meanes to ease them of the Religion. There were others desirous of change, and some were thrust on with hatred, for the wrongs which the house of Guise had done them, their kinsmen and friends: yet all had one designe to sup∣presse this unlawfull government. In these consultations it was held necessary to seize on the Duke of Guise, and the Cardinall his brother, being advowed by one chiefe member of the State, and then to require an assembly of the Three Estates, to the end they might yeeld an account of their Government, & provide for the King and Realm. Af∣ter which they make the Prince of Gonde acquainted with this their designe, & engage him in this quarrel; which being discovered, produced a long bloody civill war against the Protestants, under this and the two succeeding Kings; in which warre, those that died, departed this world with this singular content, to have couragiously sacrificed their lives for their countries libertie: So the generall History of France; in which and in Richard Dinothus you may read at large, both the History and the lawful∣nesse of this defensive warre, over tedious to transcribe.

Francisc 1.222 dying, the Crowne descended to Charles the ninth, being but eleven yeares of age, and a Parliament of the Estates being assembled on the three and twen∣tieth day of December, 1560. the Queene Mother was thereby allowed and confirmed Regent during the Kings minority: In severall Parliaments contradictory Acts are made, some restraining, others granting the free exercise of the Reformed Religion thorowout the Realme. The Guisian Popish faction, being the strongest party, most powerfull at Court, and intimatest with the King, notwithstanding all Acts for the Protestants immunitie and libertie of conscience, impose divers illegall restraints upon them, commit many outrages and massacres on them, for which they could have no redresse; whereupon for their own defence and preservation, after many fruit∣lesse Petitions, & delusory promises, they take up Arms; whereupon many bloody civill wars ensue. Many propositions and overtures of Peace were made by the Guisian royall party, not one of them reall, but all to get advantages, and over-reach the Protestants, against whom they had the most mischievous designes in agitation, when they seem∣ed most earnestly to desire Peace. Four or five severall conclusions of Peace were solemnly made and ratified betweene them, but no sooner made and proclaimed, but

presently violated of the King and Popish party, by massacres, and new treache∣rous Plots to extirpate the Protestant party; so that every accommodation proved but a seminary of a new and more bloody warre, almost to the utter ruine of France. In the yeare 1592. when a publicke peace was made, and all differences to outward appearance, buried in eternall oblivion: the King, contrary to his faith and oath, cau∣sed the Admirall of France, (the Protestants chiefe pillar) as he departed from the Councell to dinner, to be shot with a Harguebuze, which carried away the forefin∣ger of his right hand, and wounded him in the left arme The king to colour this treachery, sweares with an execration to the King of Navarre, and others who com∣plained of this outrage, to take such exemplary punishment on the offendors, as the Ad∣mirall and his friends should have cause to rest satisfied, commands them to be pursued, appoints three of the Parliament to make information against them, protests after this again and again, to be exceeding sorry; that this act touched his honour, that he will be revenged for it, so as the memory thereof should remaine for ever; writes to the go∣vernours of the Provinces, chiefe Townes, and Magistrates, That he would take such order as the Authors of so wicked an act should be knowne and punished: And to his Ambassadours to forraigne Princes, That they should make it knowne to all the world, that this outrage did displease him. And for the Admirals safetie, he commands the Captaines of his Guards, to give him as many of his Guard as he pleased, to suffer no Pa∣pist to enter his lodging; and adviseth all the Gentlemen Protestants then in Paris to lodge about the Admirals lodging. But all this Court Holy-water was onely to keep every Bird within his owne nest, and a Pitfall to entrap the chiefe of the Protestants: For the same day after dinner, the King and Queene Mother, the Duke of Guise, and others, take counsell to murther the Admirall, and all the chiefe Protestants, the night ensuing, not onely in Paris, but thorowout all France, whiles they were sleeping in their beds. Which most tyrannicall barbarous Tragedie was accordingly acted, the Ad∣mirall slain in his lodging, and his head cut off, carryed to the King and Queen Mother, who causing it to be embalmed, sent it to the Pope and Cardinall of Lorrain, for an assurance of the death of their most capitall enemy: all the Protestants, Noblemen and Gentlemen, lodging in the Admiralls Quarter, undergoe the like Butchery; the Streets of Paris are strewed with Carkases, the pavements, market places and river dyed with Protestant blood, about ten thousand of them being thus treache∣rously massacred in their beds, at such a season when they thought themselves most safe, and that on the Lords owne sacred day, a very unsutable time for such a bloody, prophane, infernall sacrifice. No sooner was this matchlesse treachery of this king against his owne naturall subjects executed, but he avowes and justifies that which he but the day before so solemnly and openly disclaimed, as a meanes to cut off all com∣motions for time to come. But this blood-shed begat new warres, and made the Protestants in Languedoc, Rochell, and other parts, to take up Armes in their owne defence, and stand more strictly on their guard than ever before: Andi 1.223 God him∣selfe out of his Divine justice, after this horrible Butchery committed by this dissem∣bling, cruell, blasphemous King, smote him with an answerable disease, causing him to wallow in his owne blood, which he pitifully vomited out in great abundance, by all the conduits of his body, for divers houres, till he dyed: (A just judgement for him that barbarously shed blood thorowout all the Provinces of the Realme) he in the mean time tossing in his bed, and casting out many horrible blasphemies. A notable specta∣cle

for all unnaturall fidifragous Princes to looke on, who imbrue their hands in the blood of their Christian subjects. VVhich crime (as the Authour of thek 1.224 French History observes) made his reigne cursed in the City, and cursed in the field; cursed in the beginning, and cursed in the ending; mortalitie, sword, famine, cursing, feare, and desolation, following it even unto the end. I shall conclude his reigne with the words of the French History; Doubtlesse God loves not the Prince that thirsts after his subjects blood, for the subjects blood is the very blood of their Prince.

l 1.225 Charles dying without Heire of his body, the Crowne descended to his Bro∣ther Henry the third, then king of Poland, Anno 1574. his first designe was to ex∣tirpate the Huguenots and Protestant Religion thorowout the Realme, though the Emperour Maximilian told him, There is no sinne so great as to force mens conscien∣ces, and such as think to command them, supposing to win heaven, doe often lose that which they possesse on earth. His pernicious Cabinet Councellors, to effect this de∣signe, cause him first to protest by sundry Proclamations, his love to the good of his subjects, and to abolish what was past, so as they lay aside armes, de••iver him all his Townes, and live quietly in their houses, without any search, constraint, or molestati∣on for matter of conscience. A policie practised onely to bring the Protestant party in∣to slavery, all those Proclamations making no mention of liberty of their Religion, neither of a Parliament for the publike Government, nor of a nationall Councell for matters of Conscience: hereupon the Protestants stood the more upon their guards they are full of jealousie, distrust, doubt, feare; the King and his Popish Councell in∣deavouring by this wile to keepe the Protestant party at a gaze, whiles they in the meane time made great preparations underhand to put a mighty army into the field, to ruine them without hope of rising: So they arme on all sides, especially in Poictou; the Protestants are besieged, assaulted in many places, and so manfully repulse their assa••lauts, that they are willing to hearken to a Treaty of peace; wherein the Pro∣testants demanding free exercise of their Religion thorowout all France, new Cham∣bers in the Parliament for the execution of justice, punishment of the murtherers of them, ease of imposts, a free assembly of the generall Estates, and an assurance for the entertainment of the pretended peace. The King after fifteene dayes conference, promiseth to content them all, but he will have them to referre these demands to his will; and so the Treaty vanished into smoake, and new warres sprung up in every place with new Court-designes to undermine and circumvent the Protestants, who are aided by a German Army, Anno 1576. The Queen Mother seeing the Protestant par∣ty prosper in their warres, makes a peace betweene the King and them; who grants the Protestants all their former demands, restores divers of them to their goods, offices, honours: avows by a solemne Declaration the Massacres of them, Anno 1572. to have beene committed against all right and law of Armes; He ordained that the chil∣dren of such Gentlemen as had beene murthered, should be restored to their parents goods, and freed from all charges of warre, yea, he a vowed their ••aking up of Armes, as taken for his service, &c. Which Articles, with the Kings Edict thereon, were al∣lowed by the Parliament at Paris. But no sooner were their Forces disbanded, but they began to finde this peace to be counterfeit, being onely made to dis-arme them, and divide their Commanders: none of the premises being really performed. In the mean time the house of Guise and their faction send their Agents to Rome, and Spaine, to joyne with them in a Catholike league, and under pretence of extirpating Heresie,

and establishing the Roman religion thorowout France, endeavour to settle the Crowne upon themselves: their chiefe designes were, to overthrow the succession of the Crowne brought in by Hugh Capet, in the full assembly of the Estates, and to make the naming of a Successor subject unto the said Estates, to cause the Princes of the blood that should oppose against the Decrees of the Estates to be declared uncapable of suc∣ceeding unto the Crown; to make the Estates protest to live and die in the faith set downe by the Councell of Trent; to cause it to be signed in the open Parliament; to revoke and anull all publike Edicts in favour of the Protestants and their associates, and to pursue them to the death, that should hinder the extirpation of Heresies, &c. These Articles of Association were first drawne at Peronne in Picardy, but disguised with goodly shewes, to blinde those that would examine them more exactly, as being onely to maintaine the Law, and restore the holy service of God; to preserve the King and his Successors in the estate, dignitie, service and obedience due unto them by their subjects; to reserve unto the Estates of the Realme, their rights, preheminences and an∣cient liberties. And for the execution of these Articles, a certaine forme of Oath was propounded, insticting pains of eternall damnation to the associates, that for any pretext whatsoever should withdraw themselves from this league; and a Bond for such as should be enrolled, or imploy their goods, persons, and lives, to punish, and by all meanes to ruine the enemies and perturbers thereof, and them that should faile, or make any delayes, by authoritie of the Head, as he should thinke fit. Soone after a Parliament of the three Estates is assembled at Bloyes, where the Catholike Leaguers, after much consultation, caused the last Edict of pacification, in behalfe of the Protestants to be revoked, and procured an Edict for the exercise onely of one Religion (to wit the Po∣pish) to be tolerated within the Realme. The King of Navarre, the Prince of Conde, the Marshall of Montmorancy, with divers other Noble men of both religions, fore∣seeing these practices, and refusing to assist at this pretended Parliament, concluded a 〈◊〉〈◊〉 of all that should be decreed to prejudice the former Edict of Pacification; pro∣testing, that they were resolved to maintaine themselves in the Rights, Liberties, and freedomes which the Edict had granted them. That the troublers of the publike quiet, and sworne enemies of France should finde them in a just••d fence, and they should answer before God and men for all the miseries that should ensue thereby: Yea the Prince of Conde answered more sharply, That he did not acknowledge them assembled at Bloys for the Estates of the Realme, but a Conventicle of persons corrupted by the sworn ene∣mies of the Crowne, who have solicated the abolition of the Edict, to the ruine and sub∣version of the Realm: That if they had beene lawfully called, he would have assisted, for the sincere affection he beares to the Kings service and the quiet of his Countrey; that he with never give his consent to the counsels of the Authors of so many confusions which he foresee, &c. Hereupon a sixt civill Warre begins betweene these Catholike Lea∣guers, and the Protestants, whose good successe caused the King, An. 1580. to make a new peace with the Protestants, and grant them their former immunities. The Lea∣guers discontented herewith, begin to cast forth Libels against the King, disgrace him in companies as a Sardanapalus, and idle Chilpericke, sit to be shaved and thrust into a Cloyster; They cause the Preachers publikely in all places, to terme him a Tyrant, an Oppressor of his people by Taxes, and a favourer of Heretikes: And under a pretence of suppressing Heretickes, reforming publike oppressions; and settling the succession of the Crowne in case the King should die without Heire, they, contrary to the Kings com∣mand,

(who disavows them, and forbids all leavyes of warre) raise a great Army, and so enforce the king to publish a Declaration in his owne justification, and to procure his peace with them, to revoke all Edicts made in favour of the Protestants, and make open warre against them. Hereupon the King of Navarre (next Heire apparent to the Crowne) for preservation of his owne interest and the Protestants, complains against the kings proceedings, layes open the mischievous Plots of the Leaguers: and then with the Prince of Conde and other Nobles, Gentlemen, Provinces, Townes, and Commonalties of both Religions, He protests, by a lawfull and necessary defence to maintaine the fundamentall lawes of families, and the Estates and libertie of the King, and Queene his Mother. The Leaguers hereupon procure Pope Sextus the fift, to excommunicate the king of Navar, and Prince of Conde, to degrade them and their Suc∣cessors from all dignities, from their pretentions to the Crowne of France, and to expose their Countries and persons in prey to the first that should seize on them. The Court of Parliament declares this Bull of the Pope to be void, rash, insolent, strange, farre from the modestie of former Popes, pernicious to all Christendome, and derogating from the Crowne of France: The Princes likewise protest against, and appeale from it, as abusive and scandalous, to the next free and lawfull Councell. The Leaguers pursue their begun warres against the King of Navarre and Protestant party; who protest to use all law∣full meanes to resist the violence of their enemies, and cast all the miseries that shall en∣sue upon the Authors thereof. Fresh warres are hereby prosecuted against the Pro∣testants by the Leaguers, German Forces come in to ayde the Protestants; after ma∣combates the King desires peace, but the Leaguers will have none; and assembling at Nancy, they endeavour to force the King to make his Will, and allow the Regency unto them; to which end they conclude, That the King should be urged to joyne his Forces effectually with the League, To displace such from their Offices as should be named, To bring in the in the Inquisition of Spaine, and publish the Councell of Trent, but with a moderation of such things as derogate from the priviledges of the French Church; To consent to the restauration of the goods sold by the Clergy for the charges of the warre, To give them Townes to be named and fortified as the time and necessitie required, To forfeit the Huguenots bodies and goods, and to entertaine an Army upon the frontiers of Lorraine against the Germanes. After which the Duke of Guise approaching to Pa∣ris, enters it against the Kings command, who was jealous of him; mutinies the Ci∣tizens against the King, who thereby is forced to retire from thence for feare of be∣ing surprized by the Duke, who plotted to seize his Person. After which the Duke by the Queene Mothers mediation, is reconciled to the King; who for feare of his power, by an Edict of re-union, admits no religion but the Popish, promiseth never to make Peace nor Truce with the Heretikes nor any Edict in their favour; bindes his sub∣jects to sweare, never to yeeld obedience after him, to any Prince that shall be an Here∣tike, or a favourer of Heresie; degrades from all publike charges, either in peace or war, those of the Reformed Religion; promiseth all favour to the Catholikes, declares them guilty of High Treason who shall refuse to signe to this new union, and shall afterwards depart from it, But signing this forced Edict, he wept. To establish which Edict, and work their further ends, the Leaguers cause the King to summen a Parliament of the 3. Estates at Bloyes, procuring those of their faction to be chosen of this Assembly: where establishing the former extorted Edict, they thereby exclude the King of Na∣varre, (an Heretike as they deemed him) from the Crowne of France, to which he

was next Heire: An Heretike cannot reigne in France, it is an incompatible thing with the Coronation and Oath which he ought to take; hurtfull to the honour of God, and prejudiciall to the good of the Realme: Then they declare the King an enemy to, and op∣pressor of his people, a Tyrant over his Realme, that so the people should presently re∣solve to confine him unto a Monastery, and install the Duke in his throne. And at last, the King being certainly informed of the Dukes traiterous designes to surpize him and usurpe his Throne, caused the Duke and Cardinall of Burbon (the chiefe Heads of the League) to be suddenly slaine, and others of them to be imprisoned. Hereup∣pon the Parisiens mutinie, and take up Armes a fresh; The Colledge of Sorbone conclu∣ded by a publike Act of the seventh of Ianuary, 1589. That the people of France are freed from the Oath of obedience and fealty which they owed to Henry of Valoys, and that lawfully and with a good conscience they may arme against him, receive his Reve∣nues, and imploy it to make warre against him. After which the Assembly of the Estates dissolving the Parisiens imprison the Court of Parliament at Paris, till they condescended to their pleasures, and confirmed a generall Councell of the union, consisting of fourty choice men of the three Estates, to dispose of the publike affaires, and conferre with the Provinces and Townes of the League. To which many Assistants were after∣ward added by the Nobles, and a Declaration (in manner of an oath) for the enter∣tainment of the Vnion, made, sworne, and subscribed to by many; one of which prickt his own Arme, to signe it with his owne blood, and became lame thereby. The people condemne, imprison, spoile, ransom of their absolute power, and sell the goods of any that bears not the mark of their inraged faction. Hereupon the King turning his lenitie into fury, Proclaims them Rebels and Traitors, if they come not in and sub∣mit by a day, and reconciles himselfe to the King of Navarre: They go on with grea∣ter insolency then before, set out a great Army under the Duke of Mayenne; crave assi∣stance from the Pope and king of Spaine; surprize divers townes, robbe Churches, ravish Wives and Virgins, murther men of all sorts even before their Altars, com∣mit all the outrages, wickednesses which irreligion and impiety could invent in madd Souldiers. The King at last besieged Paris, takes some of the Outworks, and was like to master the Citie; but in the middest of this attempt he was stabbed in the bel∣ly with a Knife, by Iames Clement, a Iacobin Friar of two and twenty yeers old, (sent out of Paris to act this Tragedie on the kings person) who vowed to kill the Tyrant, and to deliver the City besieged by Sennacherib. The murtherer was presently slaine by those who came in to assist the king, who within few houres after died of this wound, which he received in the self-same chamber wherein the Counsell for the Massacre of the Protestants was held on that fatall day of Saint Bartholmew, 1572. A notable circumstance of Divine justice upon this Prince, who being ever a zealous promoter of the Romish Religion, was murthered by a Zealot of it, and had his owne blood shed by those who spurred him on to shed the blood of Protestants, in the very Chamber where the most babarous Massacre of Protestants that ever the world be∣held, was contrived.m 1.226 Henry when the pangs of death seized on him, declared Henry the fourth, King of Navarre (his brother in law) the lawfull Successor of the Crowne of France, as in Truth he was, notwithstanding the Edict of Bloys to exclude all Heretikes from the Crowne. The Parisiens and holy Vnion refuse to accept him for their Soveraigne, proclaiming Charles the tenth for their King, and triumphing exceedingly at Henry his death. The Parliament at Bourdeaux commands all men

under their jurisdiction, by a Decree of the nineteenth of August, 1549. To observe inviolably the Edict of Vnion in the Catholique, Apostolike and Romish Church; and Declarations are hereupon made. The Parliament of Tholousa is more violent; they decree, That yearly the first day of August they should make processions and publike prayers for the benefits they had received that day, in the miraculous and fearfull death of Henry the third, whereby Paris was delivered, and other Townes of the Realme; for∣bidding all persons to acknowledge Henry of Burbon, the pretended King of Navarre, for King; declaring him uncapable ever to suceed to the Crowne of France, by reason of the notorious and manifest crimes contained at large in the Bull of Excommunicati∣on of Pope Sixtus the fifth. The Court of Parliament at R••an, no lesse violent and presumptuous then that of Tholousa, pronounced them guilty of High Treason, both against God and man, and the Estate and Crowne of France, that had opposed them∣selves against the holy Ʋnion, and all Royalists and their Successors deprived of all pre∣rogatives of Nobility; their Offices to be void, not to be recovered, and all their Goods forfeited: Anno 1592. they renew this Edict every eight moneth. Thus the league kindled afresh the fire which the siege of Paris had somewhat quenched: the King raising his siege before it, and returning to Arques, the Leaguers Army followed him, and are there defeated: after which the King with a small Army gaines many great Conquests, which amaze the Leaguers; he besiegeth Paris above three moneths, where more then one hundred thousand people died of famine, yet they force the Par∣liament to publish a Decree the fifteenth of Iune, 1590. For bidding upon pain of death all men to speak of any composition with Henry of Burbon, but to oppose themselves by all meanes, yea, with the effusion of their blood. But the Belly hath not Ears, the people are not fed with paper, or promises, they mutinie and demand peace; where∣upon Deputies are sent to the King to treat a peace; who to defeat the Spanish Army called in by the Leaguers, raiseth his siege, and routs the Spanyard, with other Forces of the League in sundry places, which makes many desire peace; yet by meanes of Pope Clement the eighth his Bull, the Duke of Mayenne, and the Popes Legate, they intend to summon a Convocation of the Estates of Paris to elect a new King, desiring the Cardinall of Placentia to assist and confirme this their intended future electior. The Parliament of Paris removed to Chaalons gives sentence against the Popes Bull, and nulls it: The King sets out a Declaration against the Leaguers as Traitors and Rebels, declares this Assembly of the Estates without his Authoritie, to be against the Lawes, against the good and quiet of the Realme, and all that should be treated or concluded therein, abusive, and of no force. On the contrary, the Popes Legate, by a publike ex∣hortation full of injuries, labors to perswade the French, that the King, long since dis∣membred from the bodie of the Church, was most justly pronounced uncapable of the Crown. The Spaniyards labouring the Estates to elect the Infanta of Spain king; the Parliament of Paris by a Decree of the eight and twentieth day of Iuly, declare all Treaties made or to be made to that end, void, and of no validitie, as being made to the prejudice of the Salique Law, and othe fundamentall lawes of State. The king to quiet these differences, and gain peaceable possession of the Crown; most unworthily deserts his Religion, reconciles himselfe to the Church and Pope of Rome; yet one Peter Barriere, seduced and perswaded by a Capuchin of Lyons, Aubry a priest of Paris, and father Varide a lesuite, was apprehended at Melua, and executed, for attempting to murther the King with a sharpe two-edged Knife, which fact he confessed. After

this the Townes subject to the League, returne by degrees to the obedience of the Crown; the king is solemnly Crowned at Chartres, Rhemes shutting the gates against him. This done, he surprizes Paris, and notwithstanding their former rebellions, grants them all free pardon upon their submissions. The Parliament at Paris disanuls all the Decrees of the League, and pretended assembly of Estates, as void, and done by pri∣vate persons, without due election; grants Processe against the Iesuites, as chiefe pil∣lars of the League, disgracing the new Kings Majesty, and the memory of the deceased King in their Sermons; and perswading the execrable attempt of Peter Barriere to stabbe him: the Cardinall of Burbon, the Duke of Nevers with others, protect and 〈◊〉〈◊〉 for them; who soone after suborne Iohn Chastle, one of their Novices, (of the age of eighteen years) to stabbe the king; who creeping into the kings chamber at the Kouure in Paris, among the presse, December 27. 1594. and thinking to stabbe the king in the belly, as he resolved, struck him on the upper Lip, and brake a Tooth, as he stooped to takeup some Gentleman who saluted him; for which fact he was con∣demned by the Parliament as guilty of High Treason, his body adjudged to be torne in peeces by four horses, then burnt to ashes and cast into the winde, and all his Goods confiscate to the king: All the Iesuites, with their schollers, were hereupon banished the Realme, as corrupters of youth, troublers of the publike quiet, enemies of the Kings State, and none of them to remaine above fifteen dayes, nor any to harbour them with∣in the Realme under paine of High Treason. I have heard from a Gentleman of cre∣dite, which served this king, that when he was thus stabbed in the mouth by Chastle, one of the* 1.227 Religion gave him this Christian admonition, Sir, you have denied God already with your mouth, in renouncing the protestant faith, which you once professed; now God in his justice hath permitted this Iesuite, of that Religion you revolted to, thus to stabbe you in the mouth: O take heed you deny him not in your heart, lest the next stroke they give you be to the heart. Which fell out accordingly, forn 1.228 after four or five more severall attemps of the Iesuites and Papists to murther him, which were discove∣red and prevented, he was stabbed to death with a Knife by one Francis Ravillac, (a Papist at the Iesuites instigation) as he was riding in his Caroch neare to Innocents church in Paris, for suffering two religions in the Kingdome, as the Traitor profes∣sed. This Villaine stabbed him first in the left Pap, and next between the fift and sixt Ribbe, cutting asunder the veine leading to the heart, and entring into the Cava vena; and being dead the Iesuites of his royall Colledge at la Fletche (whom heo 1.229 resto∣red and favoured exceedingly, notwithstanding their former Treasons, and banishments of them out of France, causing the Pyramis erected by sentence of Parliament as a monu∣ment of their Treasons to be rased, and yet were found to have a chiefe hand in this his death) begged and procured his heart to be there interred: O the admirable passages of Divine Iustice, that those two Henries, who most advanced the Popish Religion, and abandoned the Protestant faith to humour the Iesuites and Papists, thereby to secure their Crownes and lives, as they beleeved, should thus fatally perish by those of that Religion, and their unlawfull revolts thus used to preserve their lives; whereas our noble. Queen Elizabeth continuing constant in her Religion, notwithstanding all allurements menaces and attempts upon her person, to withdraw her from the truth, was miraculously preserved from all the bloody assaults of this infernall generation of Romish Vipers, and went to her grave in peace.

But to return to this kings actions,p 1.230 Anno 1596. king Henry calls a generall

assembly at Roan in forme of a Parliament, where he speaking to the assembly, told them, That at his coming to the Crowne he had found France not onely ruined, but al∣most all lost for the French, but by the grace of Almighty God, the prayers and good counsell of his subjects, the sword of his Princes, and brave generous Nobilitie, and his owne pains and labour, he had saved it from losse; let us save it now from ruine, par∣ticipate with me, my dear subjects in this second glory, as you have done in the first; I have not called you as my Predecessors did, to make you approve my will, I have caused you to assemble, TO HAVE YOVR COVNSELS, TO BELEEVE THEM, AND TO FOLLOW THEM; finally, TO PVT MY SELFE INTO YOVR HANDS: A desire which seldome commands Kings that have white hairs and are Conquerours; But the love I beare unto my sub∣jects, and the desire I have to adde these twoo goodly Titles to that of king, makes me to finde all easie and honourable. After this the King and Parliament set forth divers q 1.231 Edicts, against the transportation of Gold and Silver, the wearing of Gold & Silver, excessiveusurie, Advocates extortions, Duels, Bankrupts, and the like. Thisr 1.232 Martiall King being murthered by Ravillac, as aforesaid, the Crowne descended to Lewes his Sonne, not then ten years old: The Court of Parliament at Paris having notice of his death, made this Decree in Parliament, May 14. Anno 1610. Whereas the Kings Attorney Generall hath informed the Court of Parliament, and all the Chambers there∣of assembled, that the King being now murthered by a most cruell, inhumane and dete∣stable Paricide, committed upon his most sacred Person, it were very necessary to provide for the affairs of the present King, and for his Estate, and hath required that there be present order given concerning the service and good of his Estate, which cannot be well governed by the Queen, during the minoritie of the King her sonne; and that it would please the said Court to declare her Regent, that the affairs of the Kingdome may be go∣verned by her: Whereupon having consulted, THE COVRT HATH DECLA∣RED AND DOTH DECLARE THE QVEEN (mother to the King) REGENT OF FRANCE, for the governing of the State, during the minoritie of her sonne, with all power and authoritie. The next day the King himself sitting in the Seat of Iustice in Parliament, by the advice of the Princes of his blood, Prelates, Dukes, Peers and Officers of the Crown, according to the Decree made by the Court of Parliament, declared and did declare the Queen his Mother Regent in France, and to have the care of bringing up his Person, and the Government of the affairs of his Kingdome during his minoritie; commanding the Edict to be enrolled and publish∣ed in all the Bayliweeks, Senescaushes, and other jurisdictions depending upon the said Court of Parliament, and in all other Parliaments of the Realme; so that the Queene Mother was setled in the Regency by the Parliament and whole State of France. After whichs 1.233 Pasquier, Counsellor and Master of Requests, writ her a large Letter touching the Government of the State, wherein he informed her, That she must not forbear to assemble the Estates, for the reason that some would suggest unto her, that they will be some blemish to her greatnesse; it is quite contrary: The Estates having confirmed it by publike authoritie, will settle it fully. Commonly the Estates assemble to provide for the present and future complaints of the generall of this Monarchy, and to reduce things to their ancient course; the people being the foundation whereon this Realm is built, and the which being ruined, it is impossible it should subsist: take away these new Edicts, Impositions and Subsidies: it is better to gratifie a people, than to intreat them

roughly. Above all things beware that you follow not your own opinion alone, in mana∣ging the affaires of the Realme. Hereupon four and fifty Edicts and Commissions were revoked, wherewith the Subjects had been oppressed.t 1.234 When the King was to be Crowned, the Prelates made this request to him at the Altar before his Coronation; We pray and require that you would grant unto every one of us, and the Churches where∣of we have the charge, the Canonicall priviledges, good lawes, and justice; and that you will defend us, as a king ought all his Bishops and their Churches. Whereunto the king answered; I promise to preserve you in your Canonicall priviledges, as also your Chur∣ches; and that I WILL GIVE YOV (in the future) GOOD LAWS, and do you Iustice, and will defend you, by the help of God, according to my power; as a king in his Realm OVGHT TO DO IN RIGHT AND REASON, to his Bishops and their Churches. After which having been acknowledged their lawfull Prince, BY A GENERALL CONSENT OF ALL THE ORDERS, the Cardinall of Ioyeuse presented unto him the Oath of the Kingdome, (the sacred Bond of the fundamentall Lawes of the State) the which he took publikely in these words, with invocation of the Name of God, having his hand upon the Gospell, which he kis∣sed with great reverence.

I promise in the Name of Iesus Christ, these things to the Christians subject unto me; First, I will endeavour that the Christian people shall live peaceably with∣in the Church of God: Moreover, I will provide, that in all vocations, theft, and all iniquitie shall cease: Besides, I will command, that in all judgements equitie and mercy shall take place; to the end that God, who is gentle and mercifull, may have mercy both on you and me. Furthermore, I will seek by all means in good saith to chase out of my Iurisdiction and the Lands of my subjection, all Here∣ticks denounced by the Church; promising by Oath to observe all that hath been said: So help me God, and this holy Evangell.

After thisu 1.235 Bellarmines Book of the Popes power in temporall causes, Becanus, and Scoppius Books, Marianaes Book de Rege & Regis instatutione, Suarez his Book, with others, which taught, That the Pope was above Kings in temporall things, and that it was lawfull for private subjects by the Popes authoritie to murther kings that were Heretikes, and that the murthers of Henry the third and fourth, by Chastle and Ravillac were lawfull and commendable; were prohibited and condemned to be burnt by Edicts of Parliament.

x 1.236 Anno 1611. the Reformed Churches of France, at their generall Assembly at Samure by the Kings permission, made a generall Vnion, which they did swear to keep inviolably for the good, quiet, and advancement of the said Churches, the service of the King, and Queen Regent, and preservation of the Estate; and appointed six Deputies therein, for the dispatch of all their affaires,y 1.237 Anno 1614. the Prince of Conde with divers other Princes, Dukes, Peer, Noblemen, and Officers of the Crowne retinued from the Court in discontent, and meeting at Meziers, writ severall Letters to the Queen, Parliament, and others, complaining therein of divers grievan∣ces and disorders in the government, which they desired might be redressed, by summon∣ing a generall Assembly of the three Estates to be free and safe, to be held within three moneths at the furthest, protesting, that they desired nothing but peace and the good of

the Realme, that they would not attempt any thing to the contrary, unlesse by the rash resolution of their enemies, (who covered themselves with the Cloke of State under the Queene Regents authority) they should be provoked to repell the injuries done unto the King and State BY A NATVRALL, IVST AND NECESSARY DEFENCE. After which with much adoe Articles of Peace were concluded on at Saint Manehold, between the King, Queen Regent, and these Nobles; wherein it was among other things accorded, That the generall Estates of the Realme should be assem∣bled at Sens by the four and 20. day of August, in which the Deputies of the three E∣states, may with all libertie propound what soever they shall think in their consciences to be for the good of the Realme and case of the subject; that thereby the King with the advice of the Princes & Estates might make some good Laws and Ordinances to contain every man in his dutie, to fortifie the Lawes and Edicts made for the preservation of the publike tranquilitie, and to reforme the disorders which may give just occasion of com∣plaint and discontent to his good subjects: That the Kings Mariage with Spaine, for∣merly concluded on, should be respited and not proceeded in during his minority: that all Garisons put into any places of the Realme by reason of the present motions, should be discharged that Letters Patents be directed to all Courts of Parliament to be verefied, by which his Majestie shall declare, that the said Princes, Nobles, and others of what qua∣lity and condition soever, which have followed and assisted them in these alterations, had no bad intentions against his service, with all clauses necessary for their safeties and discharges, that they may not be called in question hereafter, and that they shall be resto∣red to their Offices, Estates and Dignities, to enjoy them as they had formerly done. And in like manner his Majestie shall write to all Princes, Estates, and Common∣wealths allied to the Crowne, and men of qualitie shall be sent expresly to them, to let them understand what he had found concerning the innocency and good intention of the said Princes, Officers, and Nobles. After which the three Estates were published, Depu∣ties elected; and the King (by his Councel and Parliament of Paris) was declared of full age, according to a fundamentall Law made by Charles the fift, ratified by the Court of Parliament: That the Kings of France, having attained the full age of thirteene years, and entring into the fourteenth, they should take upon them the Soveraigne Government of the Estate: Whereupon the Queen Mother in the Parliament resignes the Regen∣cy and reignes of the Empire into his hands. After which the three Estates assembling abolished the sale of all offices of judicature, and others which tend to the oppression and ruine of the People, suppresse Duels; the Commons and Deputies of the three Estates present a Petition of all their grievances to the King, consisting of severall natures, and pray redresse: And for the securing of the Kings Crowne and person against the Popes usurpations and attempts, they desired, that it should be declared by the said Estates, and set down as a fundamentall Law, That the King did not hold his Realme of any but God and his sword, and that he is not subject to any superiour power upon earth for his temporall estates, and that no Book should be printed containing any Do∣ctrine against the person of Kings touching the question too much debated by presump∣tuous men, whether it be lawfull to kill Kings? The Clergy of France except against this Article, as a point of doctrine and conscience (not of State policie, as the Commons preten∣ded, fit onely for the Clergies determination, not the Commons or three Estates,) as a means to ingender a schisme and offend the Pope, and after much debate prevail and sup∣presse it: In fine, after many debates the three Estates brake up without any great re∣dresse

of their grievances, or full answer to their Petitions, which was defaced: here∣upon the Parliament at Paris the seven and twentieth day of March, 1615. decreed, under the Kings good pleasure, That the Princes, Dukes, Peers, and Officers of the Crowne, having place and deliberate voyce therein, being then in the Citie, should be invited to come into the Court, there (with the Chancellour and all the Chambers as∣sembled) to advise upon the propositions which should be made for the kings service, the ease of his subjects, and good of his estate, and to draw up a Remonstrance to this affect. Some Court Parasites presently acquaint the King and Queen Mother with this De∣cree; as if it were an apparent enterprize against the Kings Authoritie, and did touch the Queens Regency which they would controll; and objections are made against it in Councell, whereupon the Parliament are sent for to the Court severall times, and or∣dered to revoke this Decree; they excuse and justifie it, then draw up a Remonstrance to the king, consisting of many Heads; wherein among others they affirme, That the Parliament of Paris was borne with the State of France, and holds place in Coun∣cell with Princes and Barons, which in all ages was near to the Kings person. That it had alwayes dealt in publike affairs: that some Kings which had not liked of the Remon∣strances of the Parliament at Paris, did afterwards witnesse their griefe. That Popes, Emperours, Kings, and Princes had voluntarily submitted their controversies to the judgement of the Parliament of Paris, &c. To which I shall adde some passages out of Andrew Favine,z 1.238 in his Theater of Honour, touching the dignitie, power, and honour of the Parliaments of France:

In the Register of the Acts of Parliament, begin∣ning, 1368. there is one dated the twenty seventh of Iune 1369. for matter of mur∣der and assassinate committed on the person of Master Emery Doll, Councellor of the said Parliament; whereby it was approved, That it was a crime of High Trea∣son, to kill a Councellor of Parliament. And in Anno 1475. on the eleventh day of November, Mounseir the Chancellor came to advertise the Court for going to hear the confession of the Constable of Saint Paul, to whom for his rebellions and disobediences king Lewes the eleventh directed his Processe. And the said Parlia∣ment, declared, That there was not a Lord in the Kingdome so great, except the King and Mounsiour le Daulphine, but ought to come and appear at the said Parlia∣ment in person, when it was ordained for him. And this is witnessed by a Lyon aba∣sing his tail between his Legs, exalted over the gate and entrance of the great Cham∣ber, by the Parquet des Huisiers thereof. So that by this illustrious and Soveraigne Parliament are ordered and determined the principall affairs of the kingdom. And in Anno 1482. the second day of Aprill, king Lewes the eleventh, sent unto the Par∣liament the Oath which he took at his sacring, exhorting the said Parliament to per∣forme good justice, according as the King had promised to doe by his said Oath, which he purposed to keep; and the Oath is there Registred downe. The Parliaments of France are Oaks with exalted Heads, under whose Branches the people are covered from the very strongest violencies, which constraineth them to yeeld obedience to their Prince: But when Princes (by bad councell) misprize the authoritie of them whereof they ought to be zealous defenders, as being exalted to the Royall dignity, to rule and governe their Subjects by justice, they cut off the right hand from the left: If they refuse the holy Remonstrances of their Parliaments under color that they are not to meddle with affairs of State,* 1.239 but onely with the Act of justice, and lend a deaf ear when they are advertised of evill Government, it is an assured Pronostick,

forewarning of the entire decadence of the Kingdome. Strange and forraigne Prin∣ces have sought and submitted themselves to the judgement of their Parliament, even in their affairs of greatest importance. The Chronicle of Laureshime, under the year 803. (followed by the Monk Aimonius in the fourth Book of his History of France) reporteth, that king Lewes the Debonnaire, holding his Parliament in May, there came thither from strange Provinces, two Brethren, kings of Ʋvilses, who with frank and free good will submitted themselves to the judgement of the said Parlia∣ment, to which of them the Kingdom should belong: Now albeit the custom of the said kingdom adjudged the Crown to the eldest, according to the right of Prerogative allowed and practised by the Law of Nature, and of late memory in the person of the last dead king Liubus father commune to these two contendants; yet notwithstan∣ding in regard of the subjects universall consent of the Kingdom, who (for the cowar∣dise and want of government in the Elder) had given the Crowne to the Younger, for valliancie and discreet carriage; by sentence the Kingdom was adjudged to him: and the Eldest did him homage, with Oath of allegiance, in the said Parliament. Under the third Ligne, in the reign of Philip Augustus, Pope Innocent the third, and the Emperour Otho the fourth, being in variance for the forme and tearms of the Oath of fidelity with the said Emperour should make to the Pope; they refer∣red it to the judgement of king Philip in his Parliament, furnished with Peers. Otho made some exception concerning the forme and terms of the Oath; And not being able to agree of themselves, both parties submitted to the judgement of king Philip Augustus and of his Court of Parliament, furnished with Peeres: So that by order given at Melum in Iuly, 1204. the form of the said Oath was prescribed, and regi∣stred in the Parliament Register, at request of the said parties, and sent unto Otho to render it to the said Pope Innocent, who sent this assurance and Certificate to the said Parliament for Registring it, being performed.

Innocentius Episcopus, servus servorum Dei, charissimo filio nostro Philippo Francorum Regi charissimo, salutem, & Apostolicam benedictionem; absque dubi∣tatione noveritis, quod secundum formam a vobis & Curiae Regni vestri paribus praescriptam, habetur apud nos jusjurandum charissimi Filii nostri Othonis Romano∣rum Regis illustris aurea Bulla munitum, nobis & Ecclesiae praestitum.

Ego Otho Romanorum Rex & semper Augustus, tibi Domino meo Innocentio Papae, & Ecclesiae Romanae spondeo, polliceor, & juro, quod omnes possessiones, hono∣res, & jura Romanae Ecclesiae, proposse meo, bona fide protegam, & ipsam ad eas re∣tinendas bona fide juvabo. Quas autem nondum recuperavit adjutor ero ad recupe∣randum, & recuperatarum, secundum posse meum, ero fine fraude defensor; & quae∣cunque and manus meas devenient, sine difficultate restituere procurabo. Ad hanc autem pertinent tota terra quae est de Radicafano, usque ad Ceperanum, Exarcatus Ravennae, Pentapolis, Marchiae, Ducatus Spoletanus, terra Conitissae Mathildis, Comitatus Bricenorij cum alijs adjacentibus terris expressis in multis privilegijs Im∣peratorum, à tempore LVDOVICI PII FRANCORVM ET ROMANO∣RVM IMPERATORIS CHRISTIANISSIMI. Has omnes pro posse meo restituam, & quietè dimittam, cum omne jurisdictione, districtu, & honore suo. Ve∣runtamen cum adrecipiendam Coronam Imperij, vel pro necessitatibus Ecclesiae Ro∣manae ab Apostolica sede vocatus accessero, demandato summi Pontificis ab illis ter∣ris

praestationes accipiam. Praetere•• adjutor ero ad retinendum & defendendum Ecclesiae Romanae REGMVM SICILIAE. Tibi etiam Domino meo Innocentio Papae & Successoribus tuis omnem obedientiam & honorificentiam exhibeo, quam de∣voti & Catholi•••• Imperatores consueverunt Sedi Apostolicae exhibere. Stabo eti∣am ad consilium & arbitrium tuum de bonis consuetudinibus populo Romano servan∣dis & exhibendis, & de negotio Tusciae & Lombardiae. Et si propter negotium me∣um Romanam Ecclesiam oportuerit in••urrere guerram, subeniam ei sicut necessitas postulaverit in expensis. Omnia vero praedicta tam juramento, quam scripto firma∣ho, cum Imper•••• Coronam adeptus fuero. Actum Aquis-Grant Anno Incarnatio∣nis Dominicae Millessimo Ducentessimo Quinto, mense Marcij, Regni nostri septimo.

William Rishanger Monk in the Abbey of Saint Albane in England, continuer or the History of Matthew Parts, observeth under the year 1263. that the king of Eng∣land, Henry the third, and the Barons of England, who made warreupon him, com∣mitted their whole difference and quarrell to be judged by the Parliament of France; Ʋt pax reformaretur inter Regem Angliae & Barones ventum est adistud, ut Rex & proceres se submitterent ordinationi Parliamenti Regis Franc••ae (in the time of Saint Lewis) in praemissis provisionibus Oxoniae. Nec non pro depraedationibus & damnis utrobique illatis. Igitur in crastino S. Vincentij, congregato Ambianis popu∣lo pene innumerabili, Rex Franciae Ludovicus coram Episcopis & Comitibus, alijsque Francorum proceribus solemniter dixit sententiam pro Rege Angliae, contra Barones statutis Oxoniae provisionibus, ordinationibus, ac obligationibus penitus annullatis. Hoc excepto, quod antiquae Chartae Joannis Regis Angliae universitati concessae per il∣lam sententiam in nullo intendebat penitus derogare. In this Parliament at Ami∣ens were present the King of England, Henry the third, Queen Elenor his wife, Bo∣niface Archbishop of Canterbury, Peter Bishop of Hereford, and Iohn Maunsell; and on the Barons of Englands side a very great number of choice elected Lords; who the same year repasted back into England after the Parliament, as the same Monk speaketh.

Thus Favino in the behalfe of the French Parliaments, concern∣ing whose power and priviledges you may read much more in him and others.

But to returne to the former History.a 1.240 The Queen Mother was much disconten∣ted with this Remonstrance of the Parliament, pretending that they had an intent to call her Regency in question, which all had commended; that they could not speak of the Go∣vernment of the affaires of the Realm, without touching her, &c. Whereupon she com∣manded the Chancellour to give them this answer in the kings name: That France was a Monarchy wherein the king alone commanded, helding his Realm Soveraignly from God; That he had Lawes and Ordinances by which to governe them, for the which he was not to give an account to any man; That it did not belong unto the Parliament to controll his Government; That they neither could nor ought to complain of the Queens Regen•••• which had been so happy; That the Queen was not to give an account of her Regency, but to God onely; That no man could prescribe unto the King what Councel∣lers he should entertain, &c. with many other such bigge words. After which there was a Decree made in the Councell of State against the Decree and Remonstrance in Parliament, disanulling and revoking them as void, and forbidding the Parliament here∣after to meddle with affairs of State. The Court of Parliament in generall complained

much of this Decree; the kings learned Councell refuse to carry, or cause it to be read in Parliament, because it would cause an alteration of the good affections and devotions of the Kings good subjects, and the dis-union of the greatest companies of the Realme, who administer justice, which makes kings to Reigne: After which this controversie was compremised, and the Decree of the Councell against the Parliament suspended, and not enrolled. Soon after the prince of Conde, with divers others, seeing all things disordered at Court, and little or no reformation of their former grievances, de∣sert Paris, expressesse their grievances in sundry letters and Articles of complaint, wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three Estates; of the Decree and proceedings against the Iu∣risdiction, Remonstrance and proceedings of the Parliament of Paris; Of suffering some Councellors of State to usurpe all the power of the Kingdom, to pervert the Lawes, and change all things as they list; with sundry other particulars: In these they intreat and exhort all men of what condition or quality soever, that call themselves Frenchmen, to assist and ayde them in SO IVST A CAVSE; conjuring all Princes and forraign Estates to do the like, and not to suffer such good and loyall subjects to be supprest by such a conspiracie. Vpon this the king and Q. Mother, through advise of these ill Coun∣sellors, raise an Army, declare these Princes and Nobles, Rebels and Traitors, if they sub∣mit not by a day: whereupon they Arm, raise Forces in their own & the publikes defence, and being at Noyon, concluded, That as their Armes were levyed for the maintenance of the Crown, so they should be maintained by it; to the which end they seized on the kings Rents and Revenues in sundry places. Mean while the Protestants being assembled in a generall Synod at Grenoble, Marsh. Desdiguires makes an Oration to them, to disswade them from opposing the mariage with Spain; wherein he hath this memorable passage to justifie the lawfulnesse of a necessary defensive war for the preservation of Religion and Liberties: We have leisure to see the storme come, and to prepare for our own preserva∣tion: Finally, having continued constant in our Duties, if they seek to deprive us of our Religion, and to take that from us wherein our libertie and safetie depends, purchased by the blood of our Fathers and our own, and granted unto us by that great King Henry the fourth, the restorer of France; we shall enter into this comerce full of justice and true zeale, finde againe in our breasts the courage and vertue of our Ancestors: We shall be supported IN OVR JVST DEFENCE by all good Frenchmen, assisted by all Prin∣ces and Estates which love the true Religion, or the good of this State; and in a word, we shall be favoured of the blessings of God, whereof we have hitherto had good experience in our Arms, and which will be to the glory of his Name, and the spirituall advance∣ment of our Churches. After which the Duke of Rhoan and Protestants, in defence of their Religion and Liberties, joyn with the Princes and Nobles: At last both sides came to Articles of agreement made at Luudun, Anno 1616. whereof these were a parcell, That the grievances of the generall State should be speedily answered; That So∣veraign Courts should be preserved in their authority, and the Remonstrances of the Parliament and Peers considered of; That such as had been put from their Offices, should be restored; That all moneys they had taken out of the kings Revenues, should be discharged; All Edicts of pacification granted to them of the Reformed Religion, ob∣served; The prince of Conde and all those of either Religion, who had assisted him in this war, held for the Kings good and loyall subjects; all illegall Imposts removed; and all prisoners taken on either side, set at liberty. Anno 1617. the King and Queene Mother

seizing upon the Prince of Conde his person, and sending him to the Bastile, upon false pretences of disloyaltie and treason, caused new insurrections, warres, and tumults; and the Princes hereupon meeting at Soyssons, resolved to make open war, to seize on the Kings Revenues, and to fortifie those Towns and Castles which they held in their Go∣vernment; which they executed; and withall set forth a Remonstrance of their grie∣vances unto the king, complaining especially against the Marshall of Ancre and his Wife, with their adheronts, who were the causes of all their miseries; who having drawn unto himselfe the whole administration of the Realme, made himselfe master of the Kings Councels, Armies, and Forts; thereby supprest the lawfull libertie and Remonstran∣ces of the Parliament, caused the chief Officers to be imprisoned, and was the cause of the violence done to the Prince of ••onde, first Prince of the Blood: To the end therefore that they might not be reproached to have been so little affected to his Majestie, so un∣gratefull to their Countrey, and so unfaithfull to themselves and their posterity, as to hold their peace, seeing the prodigious favour and power of this stranger; they beseech his Majestie to provide by convenient means for the disorders of the Estate, and to cause the Treaty of Loudun to be observed, and to call unto his Councels the Princes of the Blood, with other Princes, Dukes, Peers, ancient Officers of the Crowne and Councel∣lors of State, whom the deceased King had imployed during his reigne. Withall they publish a solemne Declaration and Protestation, for the restoring of the Kings autho∣rity, and preservation of the Realme. against the conspiracie and tyrannie of the Mar∣shall of Ancre, and his adherents: Who finding no safetie in the settling of justice, re∣solved to make triall of his power, by violating the publike faith, thereby to plunge the Realme into new combustions, conspiring to destroy the princes of the blood, of Peers, and chiefe Officers of the Crowne, and to oppresse them altogether, with the State, who might be an obstacle to his ambitious designes. To which end he raised false accusations against them, as if they meant to attempt the Kings and Queen Mo∣thers persons; and caused the King to go in person to his Court of Parliament to publish a Declaration, whereby they were declared guilty of Treason; though at last being bet∣ter informed, he declared them to be his good Subjects, and caused De Ancre to be suddenly slain in the Louure, and his Wife to be legally condemned and executed: Vp∣on which the new Councellors and Officers advanced by him, were removed, the old re∣stored, the Princes reconciled to the King, and by him declared for his good and loyall subjects: Vpon which followed a generall assembly of the Estates, wherein divers grievances were propounded, and some redressed; the King therein craving their ad∣vice for the setling and ordering of his Privie Councell.b 1.241 Anno 1620. there happen differences between the King and Queen Mother, who fortified Towns, and raised an Army against the king; at last they came to an agreement, and were reconciled. The two following years were spent in bloody civill warres betweene the King and those of the Religion, who avowed their defensive warres lawfull; which at last con∣cluded in peace: that lasted not long, but brake out into new flames of war, by reason of the great Cardinall Richelieu, who of late yearsc 1.242 proved the greatest Tyrant and Oppressour that France ever bred, reducing both Nobles, Gentlemen, and Peasants in∣to absolute slavery and vassallage, to make the King an absolute Monarch of France, and himselfe both Pope and Monarch of the world: But he lately dying by the of Divine Iustice of filthy Vicers and Diseases, and the King since being (some say) poysoned by the Iesuites, who murthered his two immediate Predecessors: wise men conjecture the

French will now at last revive and regain their ancient, just, hereditary freedom, rights Liberties, and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years, and almost brought to utter desolation.

I have the longer insisted on these Histories of the Kings and Kingdom of Frances (which clearly demonstrate the Realm, Parliament and three Estates of France to be the Soveraigne Power in that Kingdom in some sort, paramount their kings them selves, who are no absolute Monarchs, nor exempted from the Laws, jurisdiction, restraints, censures of their Kingdom and Estates assembled, as some falsly averre they are) because our Royalists and Court Doctors parallell England with France, making both of them absolute Monarchies; and our greatest malignant Councellors chiefe Designe hath been to reduce the Government of England to the late modell and new arbitrary proceedings of France; which how pernicious they have proved to that unfortunate Realm, what infinite distructive civill warres and combustions they have produced, and to what unhappy tragicall deaths they have brought divers of their Kings, Princes, Nobles, and thousands of their people, the premisses & other Sto∣ryes, will so far discover, as to cause all prudent Kings and Statesmen, to steer the Helme of our own and other Kingdoms by a more safe, steddy, and fortunate com∣passe. Thus I have done with France, and shall recompence any prolixity in it, with greater brevity in other Kingdoms, when I have overpassed Spain.

From France I shall next steer my course to the Kingdomes and Kings of Spaine, whom Iacobus Ʋaldesius Chancellor to the King of Spain in a large Book de Digni∣tate Regum Regnorumque Hispaniae printed at Granado, 1602. professedly under takes to prove, to be of greater dignity, and to have the Precedency of the Kings and Kingdoms of France, which* 1.243 Cassanaeus and all French Advocates peremptorily deny. The first Kings of Spain, over-run by the Goths and Wisigoths, are those their Writers call the Gothish Kings, who as Michael Ritius de Regibus Hispaniae, L. 1, & 2. Iohannis Mariana de rebus Hispaniae, L. 2, 3. the Generall History of Spain, and othes affirme, were elected by, and had their authority from the people: You may reade their lives and successions at large in these Authors, and finded 1.244 some of there dis-inherited and deposed by their subjects, others of them in ward during their mi∣norities to such as the State appointed; others murdered, but all of them subject to the Lawes of their Realms, as it is evident by the expresse ancient Law of the Wisigoths, having this Title;e 1.245 Quod tam Regia potestas quam populorum universitas Legum re∣verentiae sit subjecta; by other lawes thereto annexed, by Iohannis Mariana De Rege & Regis institutione, L. 1. c. 9.f 1.246 Those whom they properly call Kings of Spain, had their royall authority derived to them, conferred on them by the people; upon this oc∣casion. Spain, being a Provincesubject to the Roman Empire, was spoyled, over-runne and possessed by the barbarous Moors for many years; in which time the Spanyards oft solicited the Roman Emperours for ayde to expell the Moors, but could gain none. Whereupon to free themselves and their Countrey from slavery, they chose one Pelagius for their Captain, by whose valour they conquered the Moors, and thereupon by una∣nimous consent Elected and Crowned Pelagius King of Oviedo, whom the Spanish Wri∣ters mention as the first King of Spain: And this their desertion by the Emperours, the Spanish Writers generally hold (and (g) Iacobus Valdesius proves it largely) to be a sufficient lawfull ground for the Spanyards; even by the generall law of Nations, to cast off their subjection to the Roman Empire, and to elect a King, erect a Kingdom of their

own, exempt from all subjection to the Emperor, since they purchased their own libertie and Countrey from the Gothes by conquest, of themselves alone without any aide or assist∣ance from the Roman Emperours, to whom (for this reason) they hold themselves and their Kingdom no wayes subject; yet for all this they deem their Kings inferiour to their whole Kingdoms, and censurable, yea deposable by them, as is cleer by theh 1.247 forecited passage of the Bishop of Burgen, (Ambassadour to the King of Spain, in the Councell of Basill, and by Johannis Mariana the Jesuites Book, de Rege & Regis Institution, de∣dicated to Philip the third, King of Spain, printed at Madrit in Spain, by this Kings own speciall priviledge, Dated at Madrit, January 25. 1599. and after this reprinted at Mentz in Germany, Anno 1605. Cum privilegio sacrae Caesariae Majestatis, (to wit, of the Emperour Radulph the second) & permissu Superiorum; who certainly would not thus specially approve, authorize this Book for the Presse, had it maintained any Positions contrary to the Laws, or derogatory to the Prerogative Royall of the Crownes and Kingdoms of Spain, though other States cannot so well digest it. In this very Book the Authour (who hath likewise written a large History of the affaires and Kings of Spain) professedly maintains (in a specialli 1.248 Chapter, wherein he de∣bates this Question, Whether the power of the Republike, or King be greater?) That the whole Kingdom, State and People in every lawfull Kingdom, and in Spain it selfe, are of greater power and authority then the King: His reasons (which I have for brevity di∣gested into number in his own words) are these: First, because all Royall Power that is lawfull, hath its originall from the People, by whose grant the first Kings in every Repub∣like were placed in their Royall Authoritie; which they circumscribed with certain laws and sanctions, lest it should too much exalt it selfe to the distruction of the Subjects, and de∣generate into a Tyrannie. This appears in the Lacedaemonians long since, who committed onely the care of Warre and procuration of holy things to the King, as Aristotle Writes. Also by a later example of the Aragonians in Spain, who being incited with an earnest en∣deavour of defending their libertie, and not ignorant how the hights of Libertie are much diminished from small beginnings, created a middle Magistrate, like the Tribunall power (commonly called at this time Aragoniae Iustitia, the Justice of Aragon) who armed with the lawes, authoritie and endeavours of the people, hath hitherto held the Royall Power included within certain bounds; and it was specially given to the Nobles, that there might be no collusion, if at any time having communicated their counsell among them∣selves, they should keep assemblies without the Kings privity, to defend their Lawes and Li∣berties. In these Nations, and those who are like them, no man will doubt, but that the authoritie of the Republike is greater then the Kings. Secondly, because in other Provin∣ces where the people have lesser and the Kings more power, and all grant the King to be the Rector and supream Head of the Commonwealth, and to have supream authoritie in managing things in times of warre or peace; yet there the whole Commonwealth and those who represent it, being chosen out of all Estates, and meeting together in one place, (or Parliament) are of greater power to command and deny, than the King, which is pro∣ved by experience in Spain, where the King can impose no Taxes, nor enact no Laws if the people dissent or approve them not: Yea, let the King use art, propound rewards to the Citizens, sometimes speak by threats to draw others to consent to him, solicite with words, hopes, and promises, (which whether it may be well done we dispute not:) yet if they shall resist, their judgement shall be preferred and ratified before the Kings will. Thirdly, because when the King dies without Issue or Heir, the Kingdom and people, not the Prince

deceased, ought to chuse the succeding King out of another Family. Fourthly, because if the King vexe the Republike with his evill manners, and degenerate into an open tyrannie, the same Commonwealth may restrain him, yea, deprive him of the Principalitie, and of his life to, if need be; which it could not do unlesse it were of greater Power then the King. Fiftly, because it is not likely that the whole Kingdom and Common-weal would ever strip themselves of all Power and Authority, and transfer it to another, without excepti∣on, without counsell and reason, when they had no necessitie to do it, that so the Prince sub∣ject to corruption and wickednesse, might have greater Power then they all, and the Issue be more excellent then the Father, the River than the Spring (the Creature than the Creator of it:) And although perchance it be in the pleasure of the Commonweal to take away the plenary Power from it self and give it to the Prince, yet the Commonwealth should do unwisely to give it, and the Prince rashly to receive it; by which the subjects, of Free men should become Slaves, and the Principalitie given for their safetie, should dege∣nerate into a Tyrannie, which then onely is Regall, if it contain it self within the bounds of modesty and med••critie; which Power whiles some unwisely labour daily to augment, they diminish and utterly corrupt it, that Power being onely safe which puts a measure to its strength; for a Prince ought to rule over those who are willing, to gain the love of his subjects, and seek their welfare; which Power if it grows grievous, takes the King off his peoples love, and turns his power into weaknesse: Which he proves by the forecited Say∣ing of Theopompus: For Princes who impose a Bridle on this greatnesse, more easily go∣vern themselves, it, and their subjects; whereas those who forget humanity and modestie, the higher they climb, the grea••er is their fall: This danger our Ancestours, wise men, considering how they might keep their Kings within the limits of mediocrity and modesty; so as not to lift up themselves with overmuch power, to the Publike prejudice, have enacted many things wisely and excellently; among others, this, That nothing of great moment should be decreed without the consent of the Peers and people; and to that end they had a custom to assemble Parliaments chosen out of all orders of men, as Prelates, Lords, and Bur∣gesses of Cities;* 1.249 which custom at this time is still retained in Aragon and other Provin∣ces; and I wish our Princes would restore it: For why is it discontinued for the most part in our Nation, but that the common consent being taken away, and Parliaments excluded, wherein the publike safety is contained, both publike and private affairs may be turned in∣to the Princes pleasure, and the lusts of a few corrupt, vicious, and voluptuous Courtiers and Parasites may domineer and order all things. Sixtly, because many great and learn∣ed men held, that the Pope of Rome, who is of greater Power then any King, is yet subject to the whole Church and a Generall Councell; therefore the King must much more be in∣feriour to his Kingdom. Seventhly, because the whole Commonwealth hath greater strength and forces than the Prince, be he never so great in Power; and therefore if they disa∣gree their Power will be greater: Yea, Aristotle wisely would have the Commonweal, not onely to be of greater authority, but likewise to have stronger Forces then the King; which he proves by Aristotles forceited words, by the practice of the Ancients, and those of Syracuse, who did moderate their Tyrants and Kings Guard so, that they might be able to over-power and master them upon any occasion. How great the authoritie of our Re∣publike and Nobilitie was in the times of our Ancestors, I will give you but one example, and so conclude: Alfonso the eight King of Casteil besieged Concha, a City seated in Rockie places, and the most firme Bulwark of the Moors territories on that part: wanting money to pay his souldiers, and thereupon provisions failing, the King hastens to Burgon;

and in a nationall assembly, he demands, that because the people were wearied with Taxes for supporting the Warre, the gentlemen would give five Muruedines a Poll to his trea∣sury; that this opportunitie of blotting out the name of the Mores was not to be omitted. Dieglius then Governour of Cantabria, assented to this Counsell, Peter Earl of Cara withstood this motion, and gatherieg a band of Nobles, departed from the assem∣bly, readily to defend with Armes the Liberty gotten by their Ancestors with Armes and valour; affirming, that he would neither suffer a beginning to be made of oppressing and vexing the Nobilitie with new Subsidies, from this entrance or occasion; That to suppresse the Mores was not of so great moment, that they should suffer the Commonwealth to be involved in a greater servitude. The King moved with the danger, desisted from that purpose. The Nobles taking advice, decreed to entertain Peter with a banquet every year, as a reward to him and his Posteritie of this good service, a monument so posterity of a thing well done, and a document that they should not suffer the right of libertie to be diminished upon any occasion. Let it be a fixt resolution therefore to provide for the safetie of the Com∣monwealth, for the Authority of the Prince yet so as to retain their royall principality in or∣der with certain bounds and limits, and that those vain talking parasites and decevers may not ruine both, who exalt the Princes Power without measure, of which we may see a great number in Princes Courts, excelling in wealth, favour and power, which plague shall alwayes be accused and complained of, but shall ever be and continue. Thus Ma∣riana, who in his next Chapter (worthy reading) proves at large by invincible ar∣guments, k 1.250 That all Kings and Princes (among others the Kings of Spain) are, and ought to be bound by Laws, and are not exempted from them; that this doctrine ought to be in∣culcated into thy mindes of Princes from their infancy, and to be beleeved, yea oft consi∣dered of them; that they are more strictly obliged to observe their Laws than subjects, because they are sworn to do it; they are the Conservators of the Laws, the Avengers of those that infringe them, and their examples are the best means to draw subjects to obey them. Where he again affirms, That the whole Kingdom is above the King, and may not onely binde him by Lawes, but question him for the breach of them. Before both these, in his first Book De Rege & Regum institutione, Chap. 3, 4, 5, 6, 7. he affirms the like; adding moreover, That in many other Realms more, where the Crown is hereditary, the whole Commonwealth, not the King hath and ought to have the chief power to designe by a Law (which the King himself may not alter, but by their consents) who shall be the next Heir, to avoid questions and commotions about the Title to the Crown: That where the Right of the Crown is in controversie the whole Kingdom and State ought to decide the right, and settle it where they see best cause: That if the right Heir in Hereditary Kingdoms, yea in Spain, be an Ideot, Infant, Woman, or a person unmeet or not so fit to Go∣vern•• as others of the blood, he may be lawfully put from the Crown, and another of their Race lawfully substituted King in his place by the whole State, especially when the good or safetie of the Commonwealth requires it; because the safety of the people is the supremost Law, and what they by common consent have Enacted onely for the publike safetie, they may without any obstacle alter, when things require it, by like common consent; espe∣cially, because the hereditary Rights of reigning are for the most part made, rather by the dissimulation of the People, not daring to resist the will of former Princes, then by their certain will, and the free consent of all the Estates: That he which is thus settled by consent of all the Estates hath a just Title against the next Heir of the Blood and his Issue, who are put by the Crown; else divers Kings and Princes now reigning in Spain & elswhere,

should be usurpers and want good Titles to their crownes, they or their Ancestor•• being not the next right heires of the Royall Stock (for all which particulars he gives sundry instances in the Kingdomes of Spaine) as in Berengaria, Blanch, the Mother of Lewes of France, Ferdinand, Sancho the younger sonne of Alfonso, Henry the Bastard, Iohn King of Portugall, Fardinand, and Iohn the 2. of Aragon, &c. concluding. That if the King degenerate into a Tirant, by subverting Religion, Lawes, Liberties, oppressing, murthering, or deflowring his subjects; the whole Kingdome may not onely question, admonish, and reprehend him, but in case he prove incorrigible after admonition, de∣prive him, and substitute another in his place; which (saith he) hath been done more then once in Spain: Thus King Peter was publikely rejected for his cruelty to his sub∣jects, and Henry his Brother (though of an unclean Mother) obtained the Crowne: so Henry his Nephewes Nephew for his slothfulnesse and evill manners was deposed by the Nobles suffrages, and Alphanso his Brother, though but a yong child proclaimed King. After his death Elizabeth, (Henry his sister) had the chiefe government of the Realme leaving Henry. And for a conclusion he addes, That such a Tyrannicall King conti∣nuing incorrigible after publike admonitions of the whole State, if there be no hopes of amendment, may not onely be deposed, but put to death and murthered by the whole State, or any particular persons by their appointment; yea without it, (a note somewhat above Ela) if he be declared a publike enemy by the whole state; and in case the whole states cannot publikely assemble by reason of such a Princes knowne notorious tyranny, he writes, That then in such a case it is lawfull for any private man to murther him, to free the Countrey and Kingdome from destruction. Adding, that it is a wholsome me∣ditation for Princes to be perswaded, that if they oppresse the Common-wealth, if they become intoller able thorow vices and filthinesse,l 1.251 that they live in such a condition, that they may not onely be slaine of right, but with laud and glory. Peradventure this feare ••••••retard some Princes that they give not themselves wholly to be corrupted with vices flatterers, and cast bridles upon their fury. That which is the chiefe, let the Prince bee perswaded, that the authority of the whole Common-wealth is greater then his, being but one, neither let him beleeve the worst of men, affirming the contrary for to gratifie him, which is very pernicious. All these positions of Mariana (however other Kings and Kingdomes may relish them, especially the last touching private Subjects, which few can approve, the Parliaments of France doing publike execution on this Book, as they had just cause, for extolling and justifying the barbaro••s murther of their King Henry the 3. by James Clement a Dominican Frier, l. 1. c. 6. p. 51. to 57. and justify∣ing the Guises Rebellion) are yet authorized as Catholike and Orthodox by the most Catholike King of Spaine, and the Emperour of Germany, in whose Kingdomes they passe for currant coyne, the most dangerous of them being seconded, not onely by Hieronymus Blanca in his Aragonensium Rerum Commentariis, Iohannis Pistorius Hispaniae Illustratae, &c. and other Spanish Historians collected by him, but likewise bym 1.252 Alvarius Pelagius, Cardinall Tolet, Capistranus, Dominicus Bannes, Francis∣cus Victoria, Simancha Patensis, Gregory de Valentia, Suarez, the Doctors of Sala∣mancha, Becanus, Bellarmine, with other Spanish Iesuites & Writers, who most here∣tically affirme, That even the Pope alone either with or without a Councell, for heresie (as they deem it) and obstinacy against the See of Rome, may excommunicate, censure, depose, kill, or murther any Christian Princes, depose them from their thrones, dispose of their Crownes to others at their pleasures, absolve their subjects wholly from their

allegeance, and give subjects power to rise up in armes against and murther them by open force or secret treachery; which Bishop Bilson truly affirmes to be farre more dangerous and derogatory to Princes, then to attribute such a power, not to any particular persons but to their own whole Kingdomes and Parliaments onely: who being many in number, of the same Nation and Religion with, and having many dependances on, and many engagements by oath, duty, favours, benefits to their Princes, lesse malice against them, judging onely according to the fundamentall Lawes of the Realme, and former presi∣dents of their Ancestors, and aiming at nothing but their Kingdomes safety, are like to be more just indifferent Iudges of their Princes action when questioned, then the Pope, a meer enemy and forraigner; who proceeds by no other authority, but what he hath un∣justly usurped from Kings, and by no other rules but his owne will, pride, malice, ho∣nour, or profit. I have thus given you an account of the Kings of Spaines subordina∣tion to their whole kingdomes and Lawes in point of Thesis and positive Doctorine approved by themselves, professed by their eminentest Writers, I shall now proceed to Historicall examples to confirme it in point of practise.

o 1.253 Ordogno the 14. king of Castile, summoned 4. Earles of Castile to appeare before him, who refused to goe to the warres against the Saracens, promising them safe conduct, not withstanding he commanded them to be apprehended, imprisoned and slain; for which bloody Treachery those of Castile rebelled against him, rejecting his government, and providing for the safety of them and theirs, Duos Milites, non de potentioribus, sed de prudentioribus eligerunt, quos & Iudices statuerunt, &c. They elected two prudent Knights of their owne to be their Magistrates and Iudges, to governe them, to manage their warres, and administer ju∣stice to them: the one was named Flaevius Calvus, the other Nunius, surnamed de Ra∣sura, whose Son Gondesalvus after his Fathers death, was substituted in his place, made Generall of the Militia; (Principatum Militiae addiderunt) and his son after him, tam à Magnatibus & Militibus, quàm AB ƲNIVERS IS POPƲLIS CASTELANIS, made Earle of Castile, and all submitted themselves to his go∣vernment, rejecting the Dominion both of Ordogno and his brother King Froila after him, for their tyranny and trechery.p 1.254 Alphonso the great King of Gallecia about the yeere of Christ 918. imprisoning his eldest sonne Garsias, laying him in irons and exercising other cruelties, was by the practise of his owne Queen Semena and his other sonnes and Nobles, so prosecuted and put to such streights; that they enfor∣ced him to resign his Crown to his sonne Garcias, and to deprive himselfe of his go∣uernment in the presence of his sons and the grandees of his Realm; after which he re∣quested his sonne to raise and grant him an Army to goe against the Sarazens, who condescending thereto, hee gained a glorious Victory ouer them, and so dyed q 1.255 Alphonso sonne of Ordogno, King of Castile, after 5. yeers reigne, out of levity rather then Religion, resigned his Crown to Ramire his younger Brother, and then turnd Monk about the yeer 939. but not long after, casting off his Coul & leaving his Monastery, he began to raise forces, and to aspire to the Crown again which he had resigned; wherupon Ramir raised an Army against him, and after 2. yeers waries took him prisoner, put out his eyes, and thrust him into a Monastery.r 1.256 Iohn the first, the 35 King of Castile after the death of Ferdinand King of Portugall claimed that king∣dome in right of Eleanor his wife and next Heire, but the Portugals elected Iohn, a bestard, a Knight of the blood Royall for their King, and excluded Eleanor. Henry

the 4. the 38. King of Castile, having no children lawfully begotten, would have made Elizabeth his bastard daughter heire to the Crown; but the Nobles would no wayes permit it, and resisting him with all their might, preferred his own sister Eliza∣beth to the Crown, and married her to Ferdinand the 6. sonne to Iohn King of Ar∣ragon, rejecting his spurious daughter. And Frier Iohn de Teixera i•• his Book of The Originall of the Kings of Portugall, affirmes, that the Kings of Portugall were u∣sually ELECTED BY THE SƲFFRAGES AND FREE CHOICE OF THE PEOPLE, who had power to conferre the Kingdome on whom they pleased: averring, that Alfonso 1. 3. and 5. Iohn the 1. Emanuel and Antonio, Kings of Por∣tugall, were thus elected. Which thoughs 1.257 Duardus Nomus Leo, a Portugois Lawyer denyes, and seemes to refute; yet he grants freely, that the Parliament or Assembly of the Estates in Portugall have usually determined the Title, Right, and or∣dered the Succession of that Crown in the Cases of these Princes, and determined of their Legitimate or spurious birthes: That when the Kings of Portugall have dyed without Heires, they have BY THE LAW OF ALL NATIONS freely elected whom they thought meetest for their King: And that after the death of King Ferdinand, they put by Iohn and Ferdinand the sonnes of King Peter, begotten of Ag∣nes de Castro his Concubine, from the Crown, because they were bastards; and more∣over enemies to the name and Realme of the Portugois, entring with Henry and Pe∣ter Kings of Castile, in an hostile manner with an Army into the Confines of Portugall wasting them every where, and doing great dammages to, and committing many mur∣thers among their Citizens; for which reason, the States assembled at Coimbri, re∣solved, that although they were legitimate, yet THEY COƲLD NOT OBTAIN THE SƲCESSION OF THAT KINGDOME, quod se hostes & alienos a Portugalia declarassent, because THEY HAD THVS DECLARED THEM∣SELVES ENEMIES AND ALIENS TO PORTVGALL. And therefore be∣leeving the Kingdome to be void for want of a right heire to succeed, in which case, BY THE LAW OF ALL NATIONS THEY MIGHT LAWFVLLY ELECT THEM WHAT KING THEY PLEASED, they chose Iohn the Ba∣stard, King. After which he shewes, that Philip the 2. his Title to the Crown, was long debated by, and resolved in the Assembly of the States of Portugall in the life of king Henry, who summoned all the Pretenders to the Crown to come and declare their Titles to it in a Parliament held at Almierin, upon the Petition of the Senate and People, who earnestly pressed him, that the Title of the crown might be setled and disci∣ded during his life, to prevent division and civill warres after his death: By which it is apparent, that the Assembly of the Estates of Portugall, is the most Soveraign power and above their kings themselves.

It is clear, that the Gothish kings which reigned in Spain were not hereditary, but elective, yea, censurable, excommunicable, and desposable by them for their Male∣administrations. t 1.258 The Generall History of Spaine is expresse, that among the Goths they did not reigne by right and succession from Father to Sonne, but those were chosen Kings among them, which were held worthy; which election was made by the Nobility and People, and if any one did affect that dignity by any other unlawfull meanes, he was excommunicated and rejected from the company of christians; as appeares by the 5. Councell of Toledo. Thus Vallia the 1. king of the Goths, An. 418. Agila the 11. king An. 546. Luiba the 13. king An. 565. Gundamir the 18. king An. 610. Suintilla

the 20. king An 621.v 1.259 Tulca the 23. king An. 642. Bamba the 26. king of Goths, an. 672. to omit others, were elected by the Nobles and people, though now and then the Crown went by succession through usurpation rather then right,

x 1.260 Theodiscle the tenth king of the Goths in Spaine, giving himself to lusts and adulteries, polluted great and honest families, corrupted Nobles wives, and commit∣ted many murthers; whereupon the chiefe of the Goths conspiring against him, strangled him at Sevill ••••oting in his banquets, and elected Agila for their king: So Victrix the 17. king of the Goths, a vitious base unworthy Prince, was miserably slain by his own people for his vitiousnesse, as he sate at Table.y 1.261 Suintilla the 20. king of the Goths, in the beginning was a good Prince, but in the end he grew exceeding covetous and cruell; wherefore the Goths made him resign his Kingdome about the yeare 630. and deprived him of the crowne, he was likewise excommunicated by the Bi∣shops (whose power at that time began to equall that of Kings) at the Councell of To∣ledo; which interdicted him, with Geilands brother, their wives and children, the commu∣nion and fellowship of the Church, and the possession of their goods gotten by violence and tyrannicall meanes; and Sisenand his adversary, with the consent of the people, obtained the Kingdom. The 6.z 1.262 Councel of Toledo under Cinthilla the 22. king of Goths, about the yeare 686. decreed, and by a perpetuall law imposed on the Kings of Spain, not to suffer any one to live within their Dominions which was not a Catholike; the which their kings should solemnly sweare before they were crowned; and if any king should goe against that Law which he had thus sworn he should be excommunicate and accursed in sight of the eternall God and made the fuell of eternall fire: which Canon was made, not only by the assent of this king & his Bishops 〈…〉〈…〉 with the consent & deliberation of his Nobles and great men. In thea 1.263 5. Councel or Toledo under this king it was decreed Gen. 2, 3 4 5, 6, 7 That the kings children and faithfull servants after their deaths, should not be deprived of the lands, honours, and just rewards by the ••ucceeaing kings, which had been conferred on them in their lives; That no man should aspire to the crowne licentiously, under pain of excommunication and a divine Anathema, whom neither THE ELECTION OF ALL, nor the Nobility of the Gothish Nation had no, advanced to this top of honour. That none should, auring the kings life endeavour or use meanes to succeed him after his death; nor yet revile the Prince, under paine of excommunication. All which particulars were ratified by newb 1.264 Canons in the 6. Coun∣cell of Toledo under this king, Can. 14, 15 15, 17, 18. with this addition; That the king being dead, none should usurp the kingdome by tyrannicall presumption; that none who had been sh••••ven a Monke, or dishonestly bald, or descended from a servile stocke, or a man of a forraign Nation, unlesse worthy both in respect of his Pedigree and man∣ners, should be promoted to the Throne of the Kingdome; nor no man attempt the Prin∣ces destruction, life, or usurp his Crowne tyrannically, under pain of being 〈◊〉〈◊〉 with a perpetuall Anathema, and eternall condemnation, for breach of any the premises. These Councels, as Mariana observes, were in truth Generall Assemblies of the E∣states, where they handled not only matters of Religion, but likewise of the Common∣weale by common consent of all. Bamba the 26. king of the Goths (afterc 1.265 Lewes de Mayern Turquets computation which I follow but 3••. after Roderick Sancho) was elected king by the Goths, as he was plowing with his Oxen in the field, being a plain countrey man. Some say, that he would never have received this honour and charge, but by constraint, and that refusing absolutely, a Noble man of the Goths drew his

sword, and threatned to kill him if he did not yeeld to the Gothes intreaties, and that his Goad wherewith he drove his Oxen did suddenly in his hand bring forth leaves, fruit, and roots; whereupon he took this dignity upon him, more for fear than for any de∣sire to reign. Anno 672. After which Eruinge ambitious of command, poisoned king Bamba, so as he became madde; for curing whereof many naturall and superstiti∣ous medicines were applyed, but to small effect; so as Bamba coming a little to him∣self again, and finding his disabilitie to govern, willingly quit the Crown, and retired himselfe into a Monastery at Pampliga, where he lived seven years and one moneth, andd 1.266 Eruinge was chosen king in his place, whose Election was confirmed and al∣lowed lawfull in the 12 Councill of Toledo, Can. 1. as Elected thereto by God, and ALL THE PEOPLES DESIRES; whom this Councell absolved from their Oath of allegiance formerly made to King Bamba, whiles he held the Kingdom. In the e 1.267 thirteenth Councell of Toledo under this King Eruinge. Anno 684. it was de∣creed, That neither the King nor any other should marry the Widow of the deceased King, upon pain of excommunication, and to be damned to Hell fire.

Vitizaf 1.268 the nine and twentieth King of the Gothes, at his first coming to the Crown, shewed himself milde, liberall and religious, but soon after became the infa∣my and dishonour of Kings, being full of all excesse of lust, impiety, hypocrisie and dis∣simulation, and exceeding in all vices without shame; he filled his Palace with many Wives, which he married, and Concubines too; he publikely allowed to all men, Nobles, Commons, Priests and Clergy, to marry as many wives, and keep as many Whores as they pleased; he used great crueltie to many: flattered the Clergy, lest by their censures they should draw the people from obeying so filthy and unchaste a king. To prevent all rebellions (under the colour of peace which Spain did then injoy) he caused all the Towns of Spain to be dismantled, except Leon, Toledo, and Asturica; he disarmed the people, disanulled all the immunities of the Church; he recalled the banished the Jews, and granted them great priviledges; he advanced a most wicked wretch to great honours, execrable to all the people, that so he might not say, himself was the worst of men: Finally, as a presage of his future miseries, he shewed (in all sorts of excesse and violence, contrary to the Laws of God and men) what Princes ill instructed and ignorant of true pietie could do: A Buffone asking him me••rily, Why do you being a King & the son of a King do thus, you may lose your Kingdom? Hereplyed like another Dionysius, My Father left me his kingdoms, not fortune. In fine,g 1.269 Rodorick obtained the Corwn; who soone after exceeded Vitiza in all manner of vices, cruelty, and tyrannie, and ravished the daughter of Iuli∣an Earl of Cava, whiles he was in embassage in Affrick for the affairs of the king∣dom; Who to revenge this indignity, and cast out this wicked Monster, Anno 713. called the Mores into Spain, who over-ran and conquered the Kingdom, destroyed Rodorick, and put a Period to the Gothes kingdom in Spain. Thus Tyrannicall viti∣ous Princes ruine at last both themselves and their Realms.

Among theh 1.270 Lawes of the Wisigothes, Lib. 2. c. 2. 6. I finde not onely an Act declaring their Kings to be subject to their Lawes as well as subjects, but likewise a Law

restraining their Kings excesses, and dis-inabling them to alien their Crown lands or revenues to their own Children or others, but onely the Lands which themselves shall purchase; which was likewise decreed in the eighthi 1.271 Councill of Toled••, under king Rec••••ni••thus, where in there was this complaint made. Quosdam conspeximus Reges, post quam fu••rint regni gloriam assequuti, ex••••nuatis viribus populorum, rei propriae con∣gere••e lucrum; & 〈◊〉〈◊〉, quod reges sunt vocati, defensionem in vastationem conver∣sunt, qui vastationem desensione pelle •• debuerunt; illud gravius inn••ctentes, quod ea quae videntur acquirere, non regni deputant honori, vel gloriae, sed ita malunt in suo ju∣re confundi, ut voluti ex debito descernant haec in liberorum posteritatem transmitti: Resolving, that non personae sed 〈…〉〈…〉 subdi debere, non habenda parentali suc∣cessione, sed possidenda regali congressione; regem terrenum jura faciunt, non persona, &c. I likewise finde anotherk 1.272 Law, nullifying all unjust judgements and sentences given by Iudges through fear or command of the King. And another Law, giving the King power over all offenders against himself, but denying him power to pardon any Delin∣qu••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,* 1.273 Censures, Depositions, for their male-administrations, vicious lives, and not successive but elected by them.

l 1.274 P••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 Al∣hatan 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 Ʋtmaran 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 bro∣ther Aurelius, Anno 767. who succeeded Froila in the Realm, notwithstanding he le••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; where∣by it appears, that the right of succession was not in those dayes practised in Spain; S••ll•• his brother-in-Law succeeded him; after whose death by generall consent, the kingdom was given to Alphonso.m 1.275 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.n 1.276 Ra∣mir the third, twentieth king of Leon, abandoning himself to a voluptuous life, con∣temned all good counsell, so as the Earls and Noblemen of Gallicia seeing his folly,* 1.277 and discontented with his vices, scorned him, and would no more acknow∣ledge 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 parti∣cular King, which made strict alliances among themselves, for the preservation of their estates.o 1.278 Anno ••07••, Garcia king in Gallicia growing a tyrant, spoiled and ill in∣treated

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 inp 1.279 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 spread∣ing 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 emp∣ty 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 delibera∣tion, 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 he∣roick 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, iudge∣men,

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 Em∣pire, without authority, obnoxious to those, to whom if we had vigorous mindes, if we were men, we might be a terrour? But it is difficult to resist the Emperous endeavours, not to obey the Roman Pontifs commands; verily it a basnesse of spirit, for an uncertain fear of war, to involve the Commonwealth in most certain dangers: many things are ef∣fected 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 COƲNTREY, 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 Ro∣deric 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 Hispa∣niae printed 1602. Cap. 18. proves at large.

q 1.280 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, with∣out any ayd from the Emperours, they were free and exempt from all subjection and ac∣knowledgement to the Emperors; whereof we may read the Glosse upon the Chapter Adrianus P••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 de∣serted or destroyed by them.

r 1.281 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 Trea∣sure 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 grie∣••ously offended. Thus these good Fathers publikely insulted over their Soveraigne.

s 1.282 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,t 1.283 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 pro∣tect them from their enemies; by which meanes the kingdomes of Arragon and Na∣varre were united.v 1.284 Veracha Queen of Castile, a most lascivious open Adultresse, by her unchast life so fa••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 Al∣phonso the 8. king An. 1122. allowing her onely a pension to support her life.x 1.285 Al∣phonso 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 abro∣gate 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 un∣derstood 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 ••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 as∣pire to the chief places of honour and favour in Court, it was concluded, that the E∣states 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.y 1.286 Not to mention the troubles of Castile by reason of the nonage of their king Alphonso the fourth, of whose custody and tuition the as∣sembly 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 people, whereto the Nobilitie, as well as the rest, should contribute, im∣posing

5. Maravidis of gold for every person; but it took no effect: for all the Gentle∣men of Castile being discontented, that he sought to infringe their Liberties, fell to armes, and being led by the Earle Don Pedro de Lara, they were resolved to resist this tax, and defend their Liberties with the hazzard of their live••. Whereupon Alphonso changed his opinion, and let them understand, that from thenceforth he would maintain their immunities; and that whatsoever he had then propounded, was not to continue, but only to supply the present necessity of affaires, which he would seek to furnish by some other meanes. For the great resolution which Don Pedro de Lara shewed in this action, the Nobility of Castile did grant to him and his successours, a solemn break∣fast in testimony of his good endeavour in a businesse of so great consequence, and thereby the Lords of Lara have the first voyce for the Nobility in the Court of Castile.* 1.287 (z) An. 1204. King Alphonso the Noble called a Parliament of the Lords, Prelates and Depu∣ties of the Townes of his Realm at Toledo, to advise and assist him in his warrs against the Moores; where they concluded to crave ayd from all Christian Princes, and a Crossado from the Pope against the Moores, and made divers Lawes to restrain the supersluities of the Realm in feasts, apparell, and other things.

a 1.288 Iames the 8. King of Arragon being young at the time of his Fathers death, it was thereupon after ordained in the assemblies of the Estates of Mencon and Lirida, that Don Sancho Earl of Roussilon should govern the Realm during the Kings mino∣rity; but they gave him limitation: The Kings person they recommended to Frier William of Moncedon, Mr. of the Templers: After which An. 1220. this yong kings Vncles seeking to wrest the Realme from him instead of governing it, by the fidelity of the Estates and their authority, his interest was preserved, and three Governours with a superintendent of his Provinces were appointed by them; and to prevent the continuall practises of the Earles of Roussillon and Fernand the kings Uncles, the states and justice of Arragon declared the King of full age when he was but ten yeeres old, and caused the Earle of Roussillon to quit the Regencie; the authority of the justice of Ar∣ragon being then great for the defence of the publike liberty.

An. 1214. Alphonso the Noble king of Castile dying, his sonne Henry being but 11. yeer old, the Prelates, Nobles and Commons assembled at Burgon, having decla∣red him king, and taken the oath, made Queen Eleonora his Mother, Governesse of his Person and Realms: after whose death, the custody of him was committed to the hands of the Lords of Lara: This king afterwards playing with other yong children of Noble Houses at Palenca in the Bishops Palace, one of them cast a tyle from the top of a Tower, which falling on the covering of an house, beat down another tyle, which fell on the young kings head, wherewith he was so grievously hurt, that hee dyed the eleventh day after, An. 1217. yet this his casuall death (for ought I finde) was neither reputed Felony nor Treason in the child that was the cause of it. After whose death Fernand the 3. was proclaimed and made King by the States of Castile, to prevent the pretentions of the French: after which his Mother Queen Berenguela in the presence of the Estates, renouncing all her right to the Crown, resigned it up to her sonne Fernand: About this time the Moores in Spain rejected the Mira∣luminis of Africk, and created them severall Kings and Kingdomes in Spain, being never more united under one Crown after this division, which they thought it law∣full for them to make.

An. 1228. the Estates of Arragon assembling at Barcelona,* 1.289 they consenting and

requiring it according to the custome of the Arragonians and Cattelans, (these E∣states having authority to make Warre and Peace, and Leagues) a warre was resolved against the King of the Moores and Majorkins. Anno 1231. the Realm of Navarre being very ill governed, by reason their King Sancho retired to his chamber, did not speak with any man but his Houshold servants, and would not heare of any publike affaires; thereupon the State began to think of electing a Regent to govern the Realm during his retirednesse; to prevent which, Sancho made an unjust accord with the king of Navarre, and confederated with Iames King of Arragon, by the assents of the states of the Realm to leave his Kingdome to him if he survived him; yet after his death Thibault Earle of Champaigne was by the states of Navarre elected and proclai∣med King. And anno 1236. The Estates of Arragon and Cateloigne assembled at Moncon for the continuance of the warre with the Moores and conquest of Valentia, without whom it was not lawfull for the King to undertake any matter of importance. For maintenance of this warre, a custome called Marebetine, and an exaction of impost for cattell was by the Estates imposed on the People; it was likewise decreed, that all peeces of Gold and silver coyned should be of one goodnesse and weight, to the ob∣servation of which Edict for coynes, all were bound to sweare that were above 18. yeers of age.

c 1.290 Anno 1236. Iames King of Arragon, revealing to his Confessor the Bishop of Girone, that before his marriage with Queen Yolant he had passed a matrimonial pro∣mise to Theresa of Bidame, she sued him thereupon before the Pope, who gave sen∣tence against her for want of sufficient witnesse, notwithstanding his Confessors te∣stimony: The King hereupon grew so angry with the Bishop for revealing his se∣crets, that sending for him to his chamber, he caused his tongue to be cut out: For which out-rage committed on the Bishop, though faulty, the Pope in the Councell of Lions complained, and in the end interdicted all the Realme of Arragon, and excom∣municated the king. Hereupon to take off this interdiction and excommunication, the king sent the Bishop of Valentia with his excuse and humiliation to the Pope; wherewith he being somewhat pacified, sent two Legates into Arragon; who having assembled a Synod of Bishops at Lerida, they caused the King to come thither, and to confesse his fault upon his knees before these fathers, with great submission and teares, who gave him absolution, upon condition he should cause the Monastery of Boneface to be built, and endowed with an hundred and forty pounds of silver, of annuall rent; endow an Hospitall for the poore with foure hundred pounds silver per annum, and give a Pre∣bendary in the great Church of Girone, for the maintenance of a Masse-priest. About which time thed 1.291 Moors in Spain erected many new Kings and Kingdoms by mutuall consent, and Mahumad Aben Alamar for his valour, was by the Inhabitants of Ma∣riona, elected and made first King of Granado.

e 1.292 Anno 1243. all was in combustion in Portugall by the negligence and base∣nesse of their king Don Sancho Capello, who was wholly given to his wives humours, hated of the Portugales, and himselfe disliked for her sake: for many Malefactors and insolent persons were supported by her, who grew daily more audacious in their excesse, without feare of Iustice, which was trodden under foot, for their respect. For these considerations, and her barrennesse too, all the Noblemen of the kingdome desired to have the Queen (called Mencia) separated and sent out of Portugall: for effecting whereof, they made a great instance at Rome, but neither exhortation, ad∣monition

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 presu∣med 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.

f 1.293 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 Hu∣••f••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.

g 1.294 Anno 1254. Thibald the 2. king of Navarre being but 15. yeers old at the de∣scent 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 dis∣honour; 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.

h 1.295 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, con∣tinuing still obstinate till his first wife dyed, after which he was absolved.

i 1.296 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 Sara∣gossa, 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 Mili∣tary 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 C••••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 pro∣test it publikely.

k 1.297 Anno 1265. Denis the infant King of Portugall desired his Grandfather Al∣phonso 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 discon∣tented, 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 Astronomerl 1.298 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 dy∣ing in his life time, leaving Alphonso and other issue males behind him, Don Sancho his second son resolved to dispossesse his 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 af∣fected 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 Ʋncle: Hereupon Queen Violant, and Blanche widow to Fernand were so much discontented with the Decree of the Estates, disin∣heriting the eldest brothers sonnes, as taking the young children with them, they de∣parted 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 Re∣gency 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 a∣gainst 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 pro∣nounced 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 bur∣ning 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, re∣bellious, and a par••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.

m 1.299 Don Pedro the third, king of Arragon about the yeare 1283. had many con∣troversies with his Nobles and knights who complained much of his sower dispositi∣on, 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 Ʋnion together among themselves and with the people; promising and swearing to let the King and his sonne Don Alphonso (who was his Lieutenant Generall) under∣stand, 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 here∣upon 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 Liber∣ties 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* 1.300 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 here∣upon, is not recorded; But the two memorable Priviledges of the Vnion under King Alphonso the third, are said to spring from thence.

Don Alphonson 1.301 king of Aragon succeeding Pedro, Anno 1286. he was ad∣monished by the Estates Ambassadours, to come speedily to the Assembly at Sara∣gossa; 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 A∣ragon. 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 Courti∣ers, and the ordering of the Kings house; the Noblemen and Deputies of the Estates of Aragon maintaining; that the conusance thereof was incident 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 Coun∣cellors 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 REVE∣NVES, 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 Ʋnion between themselves resolving, That for the common cause of liberty Non verbis solum, SED ARMIS CONTENDERE LICERET; that it was law∣full for them to contend not onely with words, BVT WITH ARMS TO; and deter∣mined 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 unseaso∣nably from his Parliament, before it was determined. Our present case.

o 1.302 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 Cat••lone, the which from that time should not for any occasion be dis∣united. 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 suc∣cession 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: dis∣charged the Estates of the Oath they had made unto him, and presently put on the ha∣bite 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.

p 1.303 Ferdinand the fourth, king of Castile, being but a childe when his father San∣cho died, was in ward to his mother Queen Mary, his Protectresse; he had two com∣petitors 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 Me∣dina, they refused to meet without the expresse command of the Queen Mother, who commanded them to assemble, and promised to be present, After this divers ac∣cords 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 mur∣ther, 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 per∣son 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 Tu∣tors and Governours of the Realme of Castile were required by the Estates in an Assem∣bly 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 funda∣mentall 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 Fe∣alty. q 1.304 This King afterwards proving very cruell and tyrannicall, his Nobles and Subjects oft times successively took up defensive armes against him, his Tyranny aug∣menting their obstinancy, and procuring him still new troubles; Whereupon at last dis∣cerning his errours, he became more mild, and often assembled the Estates in Parlia∣ment, who gave him large Subsidies to maintain his warres against the Moores. r 1.305 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. Notwith∣standing in the yeer 1332. the Brotherhood and Estates of this Province sent to K. Al∣phonso divers Articles, which they beseeched him to confirme, promising for their part, that this should be their last Assembly, and that the name and effect of their Brotherhood should remain for ever extinct, and the Province be for ever united to the Crown of Castile, if he would confirme those Articles to them, being 17. in number, which he did. The chiefe were these, That the King nor his Successors should not alien any place of his Demesnes. That the Gentlemen and their goods should be free and ex∣empt from all Subsidies as they had been heretofore. That they and others of the Coun∣trey should be governed according to the customes and rights of Soportilla; And that divers Townes and Villages therein specified should be free from all Tributes and Impositions.

s 1.306 About the yeer 1309. Mahumet King of Granado, becomming casually blind, was soon after deposed by his own Brother, and the great men of his Realme, who were discontented and disliked to be governed by a blind King, who could not lead them to the warres in person. Which Kingdome went by Election commonly, as is evident by his three next successours, and Mahumet the sixth King of Granado.

t 1.307 Anno 1307. Lewes Hutin was crowned King of Navarre at Pampelone, where he sware, to observe the Lawes and Rights of the Realme. After which, Anno 1315. Philip the long was elected by the Estates of Navarre to be their king in right of his wife, but it was upon conditions drawn in writing which they tendered to him and the Queen to subscribe and sweare to, before the solemnities of their Coronation, in the Estates assembled at Pampelone, which they yeelded willingly unto; whereof the principall Articles were these:

1. First, to the Estates to maintain and keep the Rights, Lawes, Customes, Li∣berties,

and priviledges of the Realme, both written and not written, whereof they were in possession, to them and their successours for ever, and not to diminish, but rather augment them.

2. That they should disannull all that had been done to the preiudice thereof by the king•• their Predecessors, and by their Ministers, without delay, notwithstanding any Le••.

3. That for the tearme of 12. yeares to come they should not coyne any money, but such as was then currant within the Realme, and that during their lives they should not coyne above one sort of money, and that they should distribute part of the revenues, profits and commodities of the Realme unto the Subiects.

4. That they should not receive into their service above foure strangers, but should imploy them of the Countrey.

5. That the Forts and Garrison of the Realme should be given unto Gentlemen borne and dwelling in the Countrey, and not to any stranger, who should do homage to the Queen, and promise for to hold them for her, and for the lawfull Heire of the Countrey.

6. That they should not exchange, nor engage the Realme for any other Estate whatsoever.

7. That they should not sell nor engage any of the Revenues of the Crowne, nei∣ther should make any Law nor Statute against the Realme, nor against them that should lawfully succeed therein.

8. That to the first sonne which God should give them, comming to the age of twenty yeares, they should leave the kingdome free and without factions, upon con∣dition, that the Estates should pay unto them for their expences an hundred thousand Sanchets, or other French money equivalent.

9. That if God gave them no children, in that case they should leave the Realme after them free with the Forts, in the hands of the Estates, to invest them to whom of right it should belong.

10. That if they inf••inge these Articles or any part of them, the Subiects should be quit of their Oath of subiection which they ought them.

These Articles being promised and sworne by the king and Queen, they were so∣lemnly crowned, and the Deputies of the Estates, Noblemen and Officers of the Crown took their obedience to them.r 1.308 Vpon this agreement, all the Castles and places of strength in Navarre were put into the hands of the Estates, who committed them unto the custody of faithfull knights, in whose keeping they continued; a Ca∣talogue of which Castles with the names of the knights that guarded them, by the Estates appointment, in the yeare 1335. you may read at large in the Generall History of Spaine.

Before thisx 1.309 Anno 1328. the Estates of Navarre assembled at Puenta la Reyna, to resolve without any respect, TO WHOM THE REALM OF NAVARRE BELONGED, whether to Edward king of England, or to Iane Countesse of Eureux. The Estates being adjourned to Pampalone, the chief Town of the Realme, their opinions were divers; many holding that king Edward should have the Realm, as Granchilde (born of the daughter) to Queen Iane, daughter to King Henry, ra∣ther then the Countesse of Eureux, in regard of the Sex; others, with more reason, held for the Countesse, who was in the same degree, but daughter to a Son, and Heir

to Queen Iane. These prevailed, drawing the rest to their opinion; whereupon the Countesse was declared true and lawfull Queen of Navarre, the Realm having been vacant above four Moneths. And untill that she and Count Philip her husband should come and take possession of the Realm, they declared the Regent and Viceroy Don Iohn Corberan of Leet, Standard bearer of the Realm, and Iohn Martines of Me∣drado. Lo here a Parliament of the Estates of Navarre, summoned by themselves, without a King, determining the Right of succession to the Crown, appointing a Vicegerent, and prescribing such an Oath and Articles to their king, as you heard before.

y 1.310 Anno 1331. king Philip of Navarre, to administer justice, erected a new Court of Parliament in Navarre, which was called New, to distinguish it from the old; HE AND THE THREE ESTATES of the Realm NAMING MEN WORTHY OF THAT CHARGE. Queen Iane and Philip deceasing, their son Charles the second, surnamed the Bad, for his crueltie and ill manners, was called by the three Estates of Navarre to Pampelone, and there crowned in their Assembly af∣ter the manner of his Ancestors, swearing to observe the Lawes and Liberties of the Country. After which a far* 1.311 stricter Oath was administred to Charles the 3. An. 1390.

z 1.312 Anno 1325. In a generall assembly of all the Estates of Arragon, Don Pedro son to the Infant Don Alphonso, was sworn presumptive Heir and Successor to the Crown, after the decease of his Grandfather and Father, the which was there decreed and practised, for that Don Pedro Earl of Ribagorca did maintain, that if his brother Don Alphonso should die before then Father, the Realm did belong to him by right of propriery, being the third brother, rather then to his Nephew the son of the second bro¦ther. In this Assembly the Articles of the generall priviledges were confirmed, and it was ordained for a Law, That no Freeman should be put to the Racke, and that con∣fiscations should not be allowed, but in Cases of Coyning and High Treason.

a 1.313 Anno 1328. Alphonso King of Castile, treacherously murthering Don Iohn the blinde, his Kinsman, in his own Court, when he had invited him to dinner on all Saints day, and then condemning him for a Traitor, confiscating his lands (a fact unseemly for a King, who should be the mirrour of Iustice:) Hereupon Don Iohn Manuell stood upon his Guard, fortified his Castles, revolted from the King for this his Treachery, allyed himself with the Kings of Arragon and Granado, overran the Countries of Castile, from Almanca unto Pegnafield; the Prior of Saint Iohns, Don Fernand Rodrigues, hereupon caused the Cities of Toro, Zamora, and Vailledolit, to rebell and shut their gates against the King; and many others likewise revolted from him: At last he was forced to call an Assembly of the Estates, who gave him Subsi∣dies to ayde him in his wars against the Moors) and to conclude a peace with Don Manuel and his other discontented Subjects; whom he afterwards spoiling of their lawfull inheritances, and pursuing them in their honours and lives by Tyrannous cru∣eltie, extending his outragious disdain even to women of his own blood, he thereby so estranged most of his Princes and Nobles from him, that they revolted from him, and joyned with Mahumet king of Granado, and the Moors in a warre against him, which lasted three or four yeers, putting him to infinite trouble, vexations and expen∣ces, enforcing him to make a dishonourable peace with the Moors, to release the Tribute which they payed him formerly; and after much mediation he concluded a Peace thorowout all the Realm with his discontented Subjects. This Prince think∣ing

to raign more securely, had taken a course of extream severity, shewing himself cruell and treacherous to his Nobility, whereby he was feared, but withall he lost the love and respect of his subjects, so as he was no sooner freed from one danger, but he fell into another worse then the first, his Nobles holding this for a Maxime, That a Tyrant being offended will at some time revenge himself, and therefore they must not trust him upon any reconciliation, who to pacifie the troubles which had grown by his own errour, had made no difficulty to sacrifice (upon the peoples spleen) his own Mignions, degrading, and in the end murthering, condemning them as Trai∣tors after their death, yea, the Princes of his own blood, taking their goods, estates, and depriving the lawfull Heirs, seeking to reign over free men, and generous Spirits as over beasts, entreating them as base and effeminate slaves, who might not speak their opinions freely in matters of State and Government, of which they were held dead members and without feeling. Whereupon D. Manuel and other Nobles, as men endued with understanding, reason, and not forgetting the nature of Alphonso, who was proud, a contemner of all laws, and treacherous, they proceeded so farre as to withdraw themselves from his subjection by protestation and publike act, and entred into a league with the King of Portugall, incensing him to take up Arms for their defence: Where upon King Alphonso having some feeling, that cruelty was too vio∣lent remedy for men that were Nobly borne, he sought by all milde and courteous meanes to divide them, and to draw some of them to his service, which he effected, and so more easily conquered, and reduced their companions.

b 1.314 An. 1337. was founded the Town of Alegria of Dulanci, in the Province of Alava, and many Villages thereabout, the which obtained from the King the pri∣viledges and Lawes of the Realm, whereby the inhabitants should govern themselves, with libertie to chuse their own Iudges.

c 1.315 Don Pedro the first, king of Castile, surnamed the cruell, most tyrannically murthering and poysoning divers of his Nobles and subjects without cause, banishing others, quitting Blanch his espoused wife within three dayes after his marriage, to enjoy the unchaste love of Donna Maria de Paedilla, by whom hee was inchanted, which much troubled the whole Court; divorcing himselfe without colour, by the advice onely of two Bishops, without the Popes assent, from Blanch, and marrying Jane of Castro in her life time; Hanging up divers Burgesses of Toledo causlesly, for taking the Queens part too openly, and among others a Goldsmiths sonne, who of∣fred to be hanged to save his fathers life; causing his own brother Don Frederick, and divers Nobles else to be suddenly slain, Anno 1358. poysoning and murdering likewise divers Noble Ladies, among others Don Leonora his own Aunt; after which Anno 1360 he murthering two more of his own brethren, executing divers Clergy men, and Knights of Castle, banishing the Archbishop of Toledo, putting divers Jews (as Samuel Levy his High Treasurer, with his whole family) to death, to gain their Estates and causing his own Queen Blanch to be poysoned, after she had long been kept prisoner by him. Anno 1361. Hereupon his cruelties, ra∣pines and murders growing excessive, and the Popes Legat denouncing him an utter Enemy to God and man, Henry Earle of Transtamara, his brother, with other Fugi∣tives getting ayde from the King of Navarre, entred Castile with an Army, where by the Nobles importunity he tooke upon him the title of King of Castile and Leon; which done, the whole Kingdom (long oppressed with D. Pedro his Tyranny) imme∣diately

revolted from him, so that in few dayes Henry found himselfe King of a mighty great kingdom, almost without striking stroke, the people striving who should first receive him, such was their hatred to the Tyrant Pedro: who be∣ing doubtfull what to doe, fled with two and twenty Ships out of his Realme to Bayon, craving ayde of the English to revest him in his Kingdom; mean time king Henry assembling the Estates at Burgon, they granted him the tenth penny of all the Merchandize they should sell in the Realm, to maintaine the warres against Pedro; who getting ayde from the English upon conditions, accompanied with the valiant Black* 1.316 Prince of Wales, entred with a great Army into Spain, where the Prince writing to Henry, voluntarily to resign the Crown to Pedro his Brother, to avoyd the effusion of Christian blood; he made answer, That he could not hearken to any accord with him, who had against the law of nature taken delight to murther so many of the blood Royall and other great personages of Castile, who had no respect of the Lawes of the Countrey, and much lesse of God, falsifying his Oathes and promises, having no other rule in his acti∣ons, but his Tyrannous passions. Whereupon, battell being joyned, Henry was conque∣red, and Pedro restored; But hee discontenting the English and others, who had re∣seated him in his Kingdome, by his insolency and Tyranny, and the Biscaniers refu∣sing to be under the command of strangers, whom they would never consent to be put in possession of their Countrey; and withall falling to his former cruelties, and cour∣ses contrary to the advice of his friends and Astrologers; he so estranged the hearts of all from him, that the English returning, and Henry receiving new forces from the French, entred Castile, suddenly, and conquered the Tyrant; who being betrayed in∣to King Henry his hands as hee was taking his flight by night, King Henry stab∣bed him with dagger in the face, and at last getting him under him, slew him with his dagger for his excesse and tyranny, Anno 1368. and raigned quietly in his steed.

I might prosecute and draw down the Histories of all the Spanish Kings and King∣domes from his dayes till this present, which are full fraught with presidents of this na∣ture, to prove all the Kings of Spaine inferiour to their Kingdomes, Assemblies of the Estates, Lawes, resistible, deprivable for their Tyrannyes; but because those who desire satisfaction in this kinde, may read the Histories themselves more largely in the generall History of Spain, in Joannis Pistorius, his Hispaniae Illustratae, (where all their chiefe Historians are collected into severall volumnes:) and in Meteranus and Grimstons Hi∣stories of the Netherlands: I shall for brevity sake pretermit them altogether, conclu∣ding with one or two briefe observations more touching the Gothish and Arragonian Kings in Spaine, which will give great light and confirmation to the premises.

First, for the Antient Kings of the Gothes in Spain,b 1.317 Aimoinius,c 1.318 and Hugo Gro∣tius out of him,* 1.319 confesse; that they received the Kingdom from the people, revocable by them at any time; and that the people might depose them as often as they displea∣sed them; and therefore their acts might be rescinded and nulled by the people who gave them only a revocable power: which the premised Histories experimentally evidence: such likewise were the Kings of the Vandales, removable at the peoples plea∣sure as Procopius writes: such the Kings of thee 1.320 Heruli,f 1.321 Quadi, Iazyges,g 1.322 Lom∣bardes, h 1.323 Burgundiansi 1.324 Moldavians,k 1.325 Africans, the^l Moores in Spaine, them 1.326 two annuall Kings of Carthage, then 1.327 antient Germane Kings the Kings of Sparta; and most other Kings of Greece, as Historians and Authors of best credite relate.

Secondly, for the Kings of Arragon, and originall constitution of the Kingdom, I find this memorable passage in Hieronymus Blanca his Rerum Arragonensium Commen∣tarius, pag. 586. 587. 590. & 72••. 724. in the third Tom, of Ioannis Pistorius his Hispaniae illustratae,

Sancho the fourth King of Arragon dying without issue, the Estates and people advising together what course they should take for their security and future good administration of the Common-weale, about the year of our Lord, 842. elected twelve principall men to whom they committed the care and government of the Republike during the Inter-regnum These because they were very ancient men, were called Elders, from whence those who by birth are stiled Rici-men, drew their originall; And this manner of governing the Common-wealth continued long: But the great incursions of the Arabians pressing them, they imagined it would not continue firme and stable: Yet notwithstanding, taken with the sweetnesse of Liberty, they feared to subject themselves to the Empire of one man; because verily they be∣leeved that servitude would proceed from thence. Therefore having considered and rightly pondered all things, and reasons, they made this the result of all their Coun∣sels; that they should consult with Pope Adrian the second, and the Lombards; what course they should take by their advise, which should be most meet for the per∣petuating of the Empire: to whom, as reports goe, they returned this answer. That preordaining certaine Rights and Lawes, ratified with the previous religion of a cautionary oath, they should set up one King over them; but yet should reject a forraign Dominion; and that they should take heed, that he whom they adopted to be King, should be neither of the superiours, nor inferiours; lest, if superiour he should oppresse inferiours, or lest, if inferiour, hee should be derided by superiours; To which counsell and sentence they submitting, founded that ancient Suprarbian Court: For according to the answer given, all decreed, That they ought to elect one man excelling in vertue for their King; But yet, lest the pleasure of Kings, like as in other Princes, should likewise even among us become Lawes, they first of all enacted some Lawes by which they might heale this inconvenience. These Lawes they afterward called the Suprarbian Court, which we should largely prosecute, but through the injury of time, the knowledge of them is buried, and some fragments of them only are extant, observed by Prince Charles himselfe, and some other Writers, which we shall verily remember; because they are as the first elements of our Republike, and containe in them, the institution of the Magistrate of the Iustice of Arragon, which is the chiefe thing of our institution; therefore in the beginning of that Court it was provided, that the King which should be, since the Kingdom, lately taken from the Moores, was freely and voluntarily conferred on him, should be bound both by the Religion of an Oath, as likewise by the force and power of Lawes, to observe the Lawes and Liberties of the Kingdom; Now the Lawes were these,

Governe thou the Kingdome in peace and righteousnesse, and give us better Courts of justice.

The things which shall bee gained from the Moores, let them be devided not only be∣tween the Rich-men, but likewise between the souldiers and infantry; but let a stranger receive nothing from thence.

Let it bee unlawfull (or a wicked act) for the King to enact Lawes, unlesse it be by the advice of his Subjects first given.

Let the King beware, that he begin no Warre, that he enter into no Peace, conclude no Truce, or handle any other thing of great moment, without the concurring assent of the Elders.

Now lest that our Lawes or Liberties should suffer any detriment, Let there be a certain middle Judge at hand, to whom it may be lawfull to appeal from the King, if he shall wrong any one, and who may repell injuries, if peradventure he shall offer any to the Common∣weale.

With these Lawes therefore and sanctions, those our Ancestors confirmed the en∣terprise of new moulding and reforming the Common-wealth: But verily this was the chiefest garison for to retaine their liberty, whereby they ordained the President∣ship of a middle Iudge; placing the power in such sort in the King, that the tem∣perating of it should be in the middle Iudge: out of which things, the moderate and musicall state of the Common-weale which we enjoy, is moulded and made up. For from the very beginning of things even to these later times, wee see by force of this intermediate Magistrate, and by the goodnesse and clemency of most peaceable Kings, that both our pristine liberty, and ancient Priviledge hath been alwayes re∣tained, and due loyalty and reverence to the Kings Majesty, observed: Neither hath the Kingdome onely emplored the help of this Magistrate against Kings, but the Kings themselves oft-times against the Kingdome; by which meanes, many intestine evils have been appeased without any tumult, which unlesse they had been civilly suppressed, seemed verily to have been likely to have broken out to the common de∣struction of all men; so as we may rightly affirm, that in this alone, the summe of pre∣serving civill concord both to Kings and the Kingdome hath consisted. This Magi∣strate was at first called THE IUSTICE MAIOR; afterwards assuming the name of the Kingdome it selfe, it was called THE IUSTICE OF ARAGON: By these (formentioned) prescribed Lawes, the will of him who desired to be King of Aragon, was wholy to bee directed and formed; and unlesse he would first suffer his faith to bee obliged in most strick bonds for keeping of them, any future soliciting was to be preposterous. Having therefore laid the foun∣dations of their Countreys liberty, all of them began to dispute among themselves about electing a King: to which end, they all assembled together at Arahvest to chuse a King; where they were suddenly besieged by the Arabians: which Junicus A∣rista King of the Pompelonians hearing of, came with an Army and rescued them; whereupon they elected him for their King with unanimous consent, and calling him unto them, shewed him the Lawes they had pre-established; one whereof, con∣cerning the middle Magistrate, seemed most hard unto him: But having more deli∣gently considered the matter, and that they voluntarily offered him the Kingdome gained from the enemies; Hee not only ratified the Lawes themselves, but likewise added this new Law, or priviledge to them:* 1.328 That if the Kingdome should happen hereafter to bee oppressed by him against the LAWES, (Iustice) or Liberties, the Kingdome it selfe should have free liberty to elect another King, whether a Chri∣stian or an Infidell; which clause of an Infidell King, they refused to have be∣stowed on them, because they judged it shamefull and dishonourable: After which Iunicus taking an oath to observe the former Lawes, was advanced to the Throne and made King of Aragon about the year 868. Moreover, to establish all these Lawes and Constitutions, our Ancestors themselves adjoyned the accession of a

publike Vnion; ordaining, that it should be lawfull and just for them, to meet all together, ET RE 〈◊〉〈◊〉 OBSISTERE ARMIS ET VI, and to resist the King with armes and force, as oft as there should be need to propulse any assault of him or his, made against the Lawes; which form of assembling together for the com∣mon cause of liberty, they called a Vnion; (or Association:) Neither did they ancient∣ly lesse think all their Liberties to be preserved by this Vnion, then humane bodies themselves are by nervs and bones. And although it were not prescribed in that Su∣prarbian Forum, yet they thought it deduced from the very beginnings of things, and deeply fixed and impressed in the sense of all men, and to be established by our common Law, as by another Law of Nature, and that its force was enough and more then sufficiently known and discerned by use and reason. For they said, it would be but a thing of little profit for them, to have good Lawes enacted, and the very Iudiciary Presidentship of a middle Iudge, if when there should be need, AD EA∣RVM DEFENSIONEM ARMA CAPERE NON LICERET, cum jam tunc satis non esset pugnare consilliis; it should not be lawfull for them to take up Armes in their defence, when as then it would not be sufficient in such a case to fight with Counsells.

Neither verily did that seem altogether impertinent from the matter, for if it should be so, all things long ere this had been in the power of Kings themselves. Whence our people reputed these two priviledges of the Union obtained from Alphonso the 3. (to wit,r 1.329 That it shalbe lawfull for the Estates of the Realm, if the King shall violate the Lawes of the Countrey, To create a new King in his place; and without the crime of Treason, to make confederacies among themselves, and with Neighbour Princes To defend their Liberty; which King Ferdinand, upon the petition of the Castilians, refused to revoke, because he had taken a solemn Oath to observe them.) not as new favours or benefits, but as things done out of Office, &c. Therefore in those ancient Rulers of which we treat, the Liberty of our Country was hedged a∣bout by our Ancestors with three most strong fences; namely, with the Prefecture of this middle Iudge, with the most ample power of the Rici-men (or Palatines) and with this most fierce force of the Vnion; of which the first seemed to be Legal and ci∣vill; the other domesticall and of greatest moment; the last warlike and popular. Neither ought it then to be inclosed with a lesser hedge, that so we might rejoyce, that it hath therby come safe & sound to us now. But of these garrisons or fences the anci∣ent inventers of them, and those who next succeeded them, conferred more assistance and labour upon the two last, namely the domestick and popular, then on that Court presidentship: For they would alwayes retain in themselves a power of moderating and governing the most loose reines of the Royall Dignity, which they might re∣strain or enlarges as there was need.s 1.330 The fore they assigned those 12 elders to him elected out of the greatest men, by whose Counsels the Kings ought to be hedged in on every side: the place of which Elders, the Rici-men afterwards possessed; who were the chiefe of our Nobles; who in times past were second to the Kings in such sort, that they might seem to be their Peers and Companions. These called that pub∣like union to the ayde of Liberty, and out of them were chosen those who should al∣wayes be the prime and principall conservators of it: for thus they called the presi∣dents of the Vnion. Finally, they sustained on their necks all the Offices and bur∣dens of peace and warre, if not with the same power as the Kings, yet I may truly

say with very little lesse; for the Rici-men, as long as they flourished, relying on the Forces of the Vnion, did alwayes hover over the Royall Empire, and by the intire power of their offices, if the violence or assaults of Kings were unjust, did from in∣ordinate reduce them into order, and as it were into a circle of Law and Iustice. In which thing verily their grave censorious and domesticall authority had sufficient tight and moment with our ancient Kings, who were well mannered: but if perad∣venture they could not with their fitting counsels bridle the exulting royall For∣ces, they did constantly repell them from their necks with the force of the raised V∣nion. Thus and much more this Spanish Author, in whom you may read at large the Power and Authority of the Iustice of Arragon, of the Generall Assembly of the Estates or Parliaments of that Kingdom, of their Rici men, Peeres, Magistrates, Councellors, and in Ioannis de Laet. his Descriptio Hispaniae, cap. 5. cite. Ioannis Mari. and De Rebus Hisp. l. 8. c. 1. & Gen. hist. of Spain, l. 17. p. 618.

To which I shall onely adde this most notable custome and ceremony used at the Coronation of the Kings of Arragon, recorded (r)* 1.331 by Iunius Brutus, (r)* 1.332 Fran∣ciscus Hotomanus, and others.

The Arrogonians when as they create and crown their King in the Assembly of the Estates (or Parliament) of Arragon, to put the King in mind, that the Lawes, the Iustice of Arragon, and Assembly of Estates are above him, act a kind of Play that he may remember it the better: they bring in a man on whom they impose the name of the Iustice of Arragon, whom by the com∣mon Decree of the people, they enact to be greater and more powerfull then the King: to whom, sitting in an higher place, they make the King doe homage; and then ha∣ving created the King upon certain Lawes and conditions, they speake unto him in these words, which shew the Excellent and singular fortitude of that Nation in bridling their Kings: NOS QƲI VALEMOS TANTO COME VOS, Y PODEMOS MAS QƲE VOS, VOS ELEGIMOS REY, CON EST AS Y EST AS CONDITIONES INTRA VOS Y NOS VN QVE MANDA MAS QVE VOS: that is, We who are as great as you, and are able to doe more then you, have chosen you King upon these and these conditions: Between you and us there is one greater in command then you; to wit, the Iustice of Arragon; Which Ceremony (lest the King should forget it) is every three yeares repeated in the Generall Assembly of the States of Arragon; which Assembly the King is bound by Law to assemble, it being a part of the very Law of Nations, which sacred Liberty of Parliaments, and Assemblies if any Kings by evill arts restrain or suppresse, as violaters of the Law of Nations, and void of humane Society, they are no more to be reputed Kings, but Tyrants, as Hotoman hence determines.

I have now given you some what an over large account of the two* 1.333 greatest and most absolute hereditary Kings in Christendom, France and Spain, and, proved them to be inferiour to the Lawes, Parliaments, Kingdomes, People, out of their owne Authors and Historians: in which points, if any desire further satisfaction, I shall advise them to read but Junius Brutus his Vindiciae Contra Tyrannos, De jure Magi∣stratus in ••ubditos, and Francisci Hotomani his Franco-Gallia; and Controvers. Illust. for France: Ioannis Mariana, de Rege & Regum Instit. l. 1. with his History of Spain, Hieronimus Blanca, Rerum Arragonensium Commentarius, Ioannis 〈◊〉〈◊〉 La∣et Hispaniae descrip. c. 5. & Vasquius, Contr. illust. for Spain, at their leisure, and then both their judgements and consciences will be abundantly satisfied herein.

I shall now very cursorily run over other forraigne Kings and Kingdoms of lesse power and Soveraignty with as much brevity as may be.

For the Kings of Hungary, Bohemia, Poland, Denmarke, Sweden, as they have been usually, and are at this day for the most part, not hereditary, but meerly ellective by the Nobles and people; so their Lawes, which they take an Oath inviolably to observe, and their Parliaments, Nobles, people, are in Soveraigne power and jurisdiction para∣mount them, as much almost (if not altogether) as the State of Ʋenice is above their Duke or the States of the Low Countries superiour to the Prince of Orange; and may upon just occasion not onely forcibly resist them with Arms, but likewise depose (if not adjudge them unto death) for their Tyranny, asv 1.334 Iohn Bodin, the Histories of Hungary, Poland, Bohemia, Denmarke, Sweden, Iunius Brutus, De Iure Magistra∣tus in Subditos, Munster in his Cosmography, and those who have compiled the Repub∣likes of these Realmes attest; who further evidence, that most of these Realms have sometimes elected them Kings, other times onely Dukes, and made their republikes, Principalitis, Dukedoms or Kingdomes at their pleasure. To give onely some briefe touches concerning these Realmes and their Kings.

Hungary.

THe Kings of Hungary are meerly elective by the States and Senators, in their Parlia∣ments or assemblies of the Estates, without whom they can neither make Lawes, im∣pose Taxes, leavie Warre, nor conclude Peace; and the grand Officer of the Realme, to wit the great Palatine of Hungary (who hath the chiefe Command both in Peace and Warre, and power to judge the King Himselfe in some cases) is elected onely in and by their Parliaments, as thex 1.335 Marginall Writers manifest at large. For their Realms and peoples deportment towards their ill Kings (since they became Christians) when they have degenerated into Tyrants, and otherwise misdemeaned themselves; take this briefe Epitome. Peter the second Christian King of Hungary, growing very in∣solent, Tyrannicall, and lascivious, ravishing maids, matrons; in the third year of his reign all the Nobles and people thereupon conspiring together, deposed and banished him the Realme, electing Alba in his place; who growing more insolent and Tyran∣nicall then Peter, was in the third year of his reign slaine in warre, and Peter resto∣red to the Crown: who proceeding in his tyrannies, sacriledge, and cruelty, he was the third year after his restitution, taken prisoner by his subjects, his eyes put out, and imprisoned till he dy••d. Solomon the fift King of Hungary, was twice deposed and thrust out of his Kingdom, first by King Bela, next by King Gysa, elected Kings by the peoples generall consent and acclamation; after whose death the Hungarians refused to restore Solomon, and elected Ladislaus for their King; whereupon Solomon became an Hermite, and so dyed. Ladislaus dying, left two sons, Almus the younger, whom they elected King and Coloman the eldest, to whom Almus out of simplicity sur∣rendred the Crown, because he was the elder brother, whom he would not deprive of his primogeniture; but repenting afterwards, by the instigation of some of his friends, he raised warre against his brother: But the Hungarians to prevent a civill warre and effusion of blood, DECREED, that these two brethren should fight it out between them in a single duell, and he who conquered in the duell, they would repute their King; Which Combate Coloman being purblinde, lame and crookback'd, refused;

after which Coloman treacherously surprising his brother Almus, contrary to agree∣ment, put out his and Bela his sonnes eyes, and thrust them into a Monastery. King Stephen the second sonne of Coloman, refusing to marry a wife, and follow∣ing Harlots, the Barons and Nobles grieving at the desolation of the Kingdome, provided him a wife of a Noble family, and caused him to marry her. After which making a war to aid Duk-Bezenz 1.336 without his Nobles consent in which Bezen was slaine: the Nobles of Hungary assembling themselves together in Councell, sayd: Why, and wherefore dye we? if we shall claime the Dukedome, which of us will the King make Duke? therefore let it be decreed that none of us will assault the Castle, and so let us tell the King, Because he doth all this without the Councell of his Nobles: They did so, and added further, that if he would assault the Castle, he should doe it alone; but we (say they) will returne unto Hungary and chuse another King. Whereupon, By the Command of the Princes, the Heraulds proclaimed in the Tents, That all the Hungarians should speedily returne into Hungary: wherefore the King when he saw himselfe justly deserted of his subjects ayde, returned into Hungary. Stephen the third comming to the Crowne, did nothing without the Authoritie and advise of the Senate. Stephen the fourth sonne of Bela usurping the Crowne, was soone after expelled the Kingdome. Emericus being elected King, was very likely to be depriued by the Nobles and people for his sloathfulnesse, but that he appeased them with good words and promises. King Andrew going to Jerusalem, his Queene, Elizabeth, in the meane time delivered the Wife of Bau∣chan a Nobleman, being very beautifull to her brother who doated on her, to be abused, which Bauchan hearing of, slew the Queene: the King upon his returne examining this businesse, acquitted Bauchan, and judged her murther just, being for so lewd a fact. Ladislaus the fourth, giving himselfe to all effaeminacy, luxury, and Harlots, became odious to his Barons, Nobles, People, for which he was ex∣communicated by Firmanus the Popes Legat, that he might live Christianly and Chastly; but he reforming not, was soone after (in the yeere 1••90.) slaine by the Cumans and his Kingdome infested with civill warres. Mary the daughter of K. Lewes, being received as Queene by the Hungarians for her fathers merits, after his decease, being yet young, was married to Sigismond, who was admitted into partnership in the government of the Realme, and being governed by her mother and Nicholas de Gara, who perswaded them to carry a strict hand over the No∣bles of the Realme, which they did: thereupon the Nobles seeing themselves de∣spised, sent for Charles King of Naples into Hungary; forced Mary and her Mother to resigne their rights to the Crowne, and crowned Charles King at Alba Regalis. When he was crowned the Bishop of Strigonium, according to the custome, de∣manded of the people thrice, with alowd voyce; Whether it were their pleasure that Charles should be crowned King? who answered, Yes: which done he was crowned, and soone after murthered by the two Queenes treachery; Who were shortly after taken prisoners by Iohn de Horrach, governour of Croatia; the Queen Mother Elizabeth drowned, Queen Mary kept prisoner, and at last released upon oath given, not to revenge her Mothers death: who contrary to her oath caused Hornach, and 32. Nobles more to be beheaded by Sigismond her husband, whose kindred and children thereupon conspired against King Sigismond, tooke and detained him prisoner Anno. 1401. till they should proceede further against him,

and in the meane time the Nobles of Hungary elected Ladislaus King of Apulia for their King, and at last deposed Sigismond for his misgovernment, cruelty, love of women. Aftera 1.337 Sigismonds death, the Nobles and people were divided in the choise of their King; one part electing and crowning Ʋladislaus King of Poland, the other party Ladislaus an infant, for their King: but Ʋladislaus his party pre∣vailing, he was not long after slaine in a battle against the Turkes; and the govern∣ment of the Realme committed to that Noble Souldier Huniades, during the Mino∣rity of Ladislaus, who at his ripe age, was received and declared King by all the Hungarians. Ladislaus deceasing, the Hungarians elected the Emperour Frederick King, who delaying to come and take the election, they thereupon chose Mathias King, who enjoyed the dignity, notwithstanding the Emperours opposition. Anno. 1608. Mathias King of Hungary denyed the Protestants inb 1.338 Austria free exercise of their Religion, they thereupon were forced to take up Armes, and as∣sembling together at Horne made a Protestation, and sent to the States of Hungary requiring them to assist them with the succours that were promised by the offensive and defensive league: after which they obtained a peace, and part of what they demanded.c 1.339 Anno 1613. In an Assembly of the Estates of Hungary, the differen∣ces concerning the defence and Militia in the borders of Hungary against the Turke were ordered and setled. Andd 1.340 An. 1618. After many slow proceedings, they elected Ferdinand of Bohemia for their King of Hungary; but with these conditions,

That he should Religiously observe, and cause to be immovably observed all the Liberties, Immunities, Priviledges, Statutes, Rights and Customes of the King∣dome, with the Conclusions and Freaties of Vienna, and all the Articles compre∣hended therein, and all other concluded both before and after the Coronation of the Emperours Majestie, in the yeares 1608. and 1609. Which Articles being ratified by the Emperour under his Letters Patents, they proceeded to the Coro∣nation, according to the accustomed manner. Such is the Soveraigne power of the States of Hungary to this very day. And in one word, so odious weree 1.341 Tyrants an∣ciently to the Slavonians and Hungarians, that by a publick Law of their Ancestors, he who slew a Tyrannicall King, was to succeede him in the Kingdome.

Bohemia.

For the Kings and Kingdome of Bohemia, M. Paulus Stranskius in his Res∣publica Bohemiae. c. 5 & 12. informes us out of the Fundamentall Lawes of Bohemia f 1.342

That the power of the Kings of Bohemia, who are Elected by the generall Votes of the States, is so farre restrained in that Realme, that they can determine nothing concerning the Kingdome or great Affaires of the Realme, but in their Parliaments, or generall Assemblies of the Estates, by the generall consent of the people; which are Summoned by the king himself and held (just like our Parliaments) in the kings Regency, and during the Interregnum by the Senate of the Realme, as often as there is occasion; there being this clause in the Writ of Summons; That whether all those who are sommoned come at the day or not, the king with those who ap∣peare, will proceed to decree what shall be just and beneficall for the Republicke, and that those who neglect to appeare shall be bound thereby; all Lawes and Acts are therein passed by publicke consent. The king cannot alien or morgage any of

the Crown Lands, nor release not diminish the revenue: & Liberties of the Realm, nor promote any strangers to the custodies of Castles or publicke functions; impose no Taxes, charges; nor altar the ancient manner of the Militia of the Realm, nor make warre or peace, without the Parliaments advise and consent. Andf 1.343 be∣fore the king is Crowned, the Burgrave and Nobles, in the Name of all the Realme, demand of him to confirm and ratifie both with his especiall Charter, and publick Oath, the Ancient and laudable Priviledges, Immunities, Liberties, Rights, Laws, Customes, and Institutions, as well private as publicke, of all and singular the in∣habitants of the Realme, and to governe them according to the rule of the Lawes after the example of his predecessors kings of Bohemia. Which done, he seales and delivers them a speciall Charter, takes such a solemne Oath, and then is Crowned upon these Conditions. Theg 1.344 Arch-bishop of Prague after the Letany ended, demands of the king, kneeling on his knees: Wilt thou keepe the holy faith delive∣red to thee from Catholick men, and observe it in just workes? He answering, I will: He proceedes, and saith: Wilt thou Governe and defend the Kingdome granted thee from God, according to the Justice of thy Fathers? He answeres, I will, and by Gods Assistance promise that I will doe and performe it by all mean••s. After this kneeling on his knees, the Arch-bishop holding the New Testament open, and the Burgrave reading the words first; the king takes this Oath in the Bohemian tongue. We sweare to God (the mother of God and all Saints) upon this holy Gospell, that we will and ought to keepe immovably to the Barons, Knights, and Nobles, also to those of Prague and the other Cities, and to all the Commonalty of the Realme of Bohemia, the Insti∣tutions, Lawes, Priviledges, Exemptions, Liberties, and Rights, and also the ancient, good and laudable customes of the Realme;* 1.345 and not to alienate or morgage any thing from the same Kingdome of Bohemia, but rather to our power to augment and enlarge it; and to doe all things which may be good and honourable to that Kingdome: So helpe me God (touching the booke with two of the fingers of his right hand) and all Saints. (The Kings of Navarre take the like Oath.)

Howh 1.346 this Realme hath beene altered from a Principality to a Dukedome, and from it againe to a Kingdome, having sometimes Kings, sometimes Dukes, both elected by the free choyse of the Estates, to whom they were inferiour in Sove∣raigne power, accountable for their mis-government, and removeable from their Throne: you may read in theh 1.347 marginall Authors. Not to mention the Bohemians deposition of Libussa a Noble Virago, who governed them for a season, reputing it a dishonour to the Nation to be ruled by a woman, and electing Przemys••••s for their Prince; their deposition and banishment of Prince Borzinegius, because he became a Christian, and renounced their Pagan Religion, though they after∣wards twice restored him: Of Boleslaus Rufus, of Borzinogius the 2. thrice de∣posed banished by the Nobles and people, or Sobe••slaus, and other Princes. Wladislaus first King of Bohemia in his old age, by the assent of the Estates associated his sonne Frederick (Anno 1173) with him in the Regality. Henry King of Bohemia using the Councell of the Germans rather then the Bohemians, and looking more after his owne private gaine then the Kingdomes, was deposed in a generall Assembly of the Estates Anno 1310. and the sonne of the Emperour Henry the 7^th. chosen King, upon this condition, if he would marry the youngest daughter of King Winceslaus. King Wenceslaus the drunken, for his drunkennesse, negligence and

cruelty, was twice imprisoned and severely handled by his Nobles, and upon pro∣mise of amendment, restored to his liberty and dignity: in his and Sigismond his successors raigns* 1.348 Zizca and the Taborites in defence of their Religion against the Popish party, who most unjustly against their promise and safe conduct, caused John Hus, and Jerome of Prague to be put to death, waged great warres and ob∣tained many victories against the King and Emperour, and gained free liberty of professing their religion publickely much against the Popes good will; which li∣berty they have ever since maintained by the sword, both against the Popish Em∣perours and Kings, by meanes of which civill wars, the kingdome suffered some Interregnums. During the Minority of king ••c Ladislaus, Anno 1439. this king∣dome was governed by two Presidents, appointed by the Estates.

i 1.349 Anno 1611. the Emperour Rodulph being willing to settle the kingdome of Bohemia on his Brother Matthias in an assembly of the States of Bohemia called for that purpose, the Estates thereupon drew many Articles which Matthias was to sweare to, before his Coronation, with 49. Articles of complaints and grievances for which they craved redresse: and the inhabitants of Prague required the con∣firmation of 8. Articles, which concerned the private Government of their City: All which the Emperour and Matthias were constrained to Grant and sweare to, be∣fore they would admit Matthias to be their King; who had nothing in a manner but the Title, some of the flowers of the liberty of the Crowne, being parted with by his assenting to these Articles.k 1.350 Anno 1617. Matthias resigning the Crowne of Bohemia, and renouncing his right thereunto, recommended Ferdinand Arch. Duke of Austria, to them or his successour. The States would not admit him king but upon Conditions, the which if he should infringe, The States should not be bound to yeeld him Obedience. Moreover it was added, That he should confirm: to the States before his Coronation, to maintaine all the Priviledges, Charters, Immu∣nities, Municipall Rights, Constitutions and Customes, of the Realme and people, as the Emperour and his predecessors had done, by his Oath, and Charter in Writing. All which assented to, he was proclaimed and crowned king. Soone after the Arch-bishop of Prague causing some of the Protestant Churches to be ruined, and those who complained of it to be put in prison; and plotting the extirpation of the Protestant Religion, through the Iesuites instigation, contrary to their Liber∣ties and the Provinciall constitution; hereupon the Protestant States of Bohemia assembled at Prague, fortified the Towne, binding the three Townes of Prague to them by an Oath; entred into a solemne League, promising to fight against the Com∣mon enemies of God, the King and Religion, and in that cause to live and dye: to which end they levyed a great Army; banishing the Jesuites out of Bohemia, as the Au∣thors of all the miseries which had hapned in that Realme, and many other Realmes and States of Christendome, and inciting murderers to kill Kings who would not live after their manner, and medling with affaires of State, and who had drawne the whole Country into the hands of certaine perfidious Catholickes, by whose practises the Country was in danger of ruine. For which causes they ba∣nished them for ever out of the Realme of Bohemia, enjoyning them to depart within 8 dayes, never to returne. After this, the Protestants hearing that the Em∣perour and Popish party raised Forces against them, possessed themselves of many Townes and places within the Realme, and raised two Armies; All the Protestant

Princes and States of Germany. Morauia and Silesia (except the Elector of Saxony) assisted them with men, money or Councell, publishing a Declaration to justifie their action, being for the Common cause of Religion, the•• endangered. The Prince of Orange and States of the united Provinces promised them assistance of men and money, other Protestant Princes and the Protestant States of Lower Austria, did the like. The Protestant Armies after this had many victorious incounters with the Imperialists and Popish Forces, and took many Towns. King Ferdinand in the meane time, being newly chosen Emperour, the States of Bohemia being assem∣bled together at Prague, which the Deputies of the incorporated Provinces, Anno. 1619. Concluded and protested by Oath, never to acknowledge Ferdinard for their King who had violated his first Covenants; resolving to proceede to a new Ele∣ction; and on the 26. of August Elected Fredericke the Prince Electer Palatine of Reine to be their King; who accepted the dignity, & was afterward Crowned king accordingly. After which the States of Bohemia in sundry Declarations justified their rejection of Ferdinand, their Election of Frederick, and his Title to be just and lawfull, with their preceedent and subsequent warres in defence of Religion. Yea Fredericke himselfe by sundry Declarations maintained his own Title: and the lawfulnes of these wars; which passages and proceedings being yet fresh in memo∣ry, and at large related by Grimston in hism 1.351 Imperiall History, I shall forbear to men∣tion them. By this briefe account, you may easily discerne the Soveraigne power of the Realm and States of Bohemia over their kings and Princes, most of then 1.352 great Offices of which Realme are hereditary, and not disposable by the King, but States who Elect their Kings themselves, and their greatest Officers too.

Poland.

For the Kings and Kingdome of Poland.o 1.353 Martinus Chromerus in his Polonia lib. 2. De Republica et Magistratibus Poloniae, informes us;

that the Princes and Dukes of Poland, before it was advanced unto a Kingdome, and the Kings of it e∣ver since it became a Realme, were alwaies elected by the chiefest Nobles and States, unanimous suffrages; That after the Kings of Poland became Christians, their power began to bee more restrained then it was at first, the Clergy being wholly exempt from their royall Iurisdiction: That the King cannot judge of the life or fame of a knight (unlesse in some speciall cases) without it be in the assembly of the Estates with the Senate, nor yet publickly make Warre or Peace with any, nor impose Taxes or Tributes or new Customes, nor alienate any of the goods of the Realme, nor yet doe or decree any greater thing pertaining to the Common-wealth without the Senate or Parliaments assent. Neither can hee make new Lawes, nor publickly command money in an extraordinary manner, nor coine money, nor nominate a Successor not with the Senate, without the con∣sent of the Nobility, whether of Knights or Gentlemens Order; By, or out of whom all publicke Magistrates and Senators almost are chosen: so as now the summe or chiefest power of the Republicke is residing in them. So that the Kingdome and Republicke of the Polonians doth not much differ in reason from that of the Laced••monians in ancient times, and of the Venetians now. An Oath is exacted of the new King when he is crowned, to this effect. That he shall raigne

according to the Lawes and institutes of his Predecessors; and will safely conserve to every order and man his right, priviledge, and benefit, confirmed by former Kings; nor will he diminish any of the borders or goods of the Realme, but will ac∣cording to his power recover those that are lost from others: After all which the Senate sweare fealty to him, &c. The Revenues, Tributes, and Customes of the King are all reduced to a certainty; the Nobles & Clergie are exempted from Taxes. The king by the Lawes of King Alexander, is prohibited to alien to any one the Lands of the Crowne. No new Lawes can be made, nor old ones repealed but by the king, Senate and Nobles assembled in Parliament. And because there is wont to be in highest power, a slippery and ready degree to Tyrannie, certaine Senators and Councellours are adjoyned to the King, who may direct his Coun∣cells and Actions to the safety of the Common-wealth, and his judgments accor∣ding to the Rule of justice and equitie, and with their wholsome monitions and Councells, may as there shall be occasion, as it were with certaine living Lawes, both informe his minde and moderate his power. This Royall Senate, much greater now then in times past, consists of a certaine number of men, which wee call the Senators or Councellours of the REALME; who are not admitted to the Councell without an Oath: and this Office is perpetuall during life, having certaine Honours and Magistracies thereto annexed, partly Ecclesiasticall, partly Civill; It consists of 96. persons in all, some of them Bishops, others Palatines, Knights, Castellanes, and other Officers of the Realme. The Chancellor of the Realme may signe many things without the Kings Privitie, and may deny to seale those things which are contrary to Law, though the king command them. Most of the great Officers and Magistrates are chosen in Parliament, and cannot be displaced but in Parliament, and that for some great offence. Their Parliaments or Generall Assemblies of the States are held (much like ours) once every yeare at least, and some times every fift or sixth moneth, if there be occasion; and then they are kept constantly at one place, to wit at Petricow, or Warsavia in the midst of the Kingdome, unlesse it be upon some extraordinary just occasion, and then the king by advice of this Councel may sommon the Parliament at another place. It is provi∣ded by a Law within these 20. yeares; That it shall not be lawfull to the King to make a warre without the assent of his Parliament and Great Councell; and that the Nobles as oft as there is occasion, shall at their owne costs without wages de∣fend the borders of the Realme, yet not without the King, unlesse it be during the Interregnum; but they may not be compelled to goe out of the Realme to any For∣raigne warre without wages: the Souldiers wages are reduced to a certainety, and asseased by publicke consent in Parliament, which Orders all Military and Civill Affaires.

So Cromerus.

For their carriage towards their ill Kings, I shall give you onely a short account.p 1.354 Miesco their second King, being unfit to governe, a man given whol∣ly to his belly, ease, sleepe, pleasure, and governed by his Queene, thereupon most of his subjects revolted from him; and he dying, the Polonians at first for many yeares, refused to chuse Cazimirus his Son King, least he should follow his fathers step▪ till at last after a long Interregnum, when he had turned Monke, they elected him King. Boleslaus his sonne, a man of a dissolute life, given to lust, and the p••st of the Realme, was excommunicated by the Bishop of Cracow for his wic∣kednes;

for which cause he slew him: Whereupon the Pope deprived him, and Poland of the Crowne, and absolved his Subjects from their obedience to him, who expelled and forced him to flee out of the Realme into Hungary, where he became mad and died. My••zlaus the 10. King of Poland, exercising tyranny every where upon his people by reason of his power and allies, was deposed by his subjects, and Caz••mi••us elected King in his stead; He was three or foure times deposed ••nd put by the Crowne; Boleslaus who succeeded Henry, was deprived of the Monarchy; Henry was surprised and most strictly imprisoned. Boleslaus was slaine by his Nobles; and Ʋladislaus Locktect, elected King in his stead, ravishing virgins, Matrons, and not reforming things according to pro∣mise; the Nobles hereupon assembling together An 1300. abrogated his election, as pernicious and chose Wenceslaus King of Bohemia, King in his place: And not to recite more ancient histories of such like nature,q 1.355 King Henry the third of Poland was elected and sworne King upon conditions which he was to performe Anno 1574. After which he secretly departing out of Poland, without the assent of the Nobles, to take possession of the Crowne of France, within 3. monthes after his Coronation in Poland: the Polonians sent Messengers after him to F••rrara, June 16. 1574. who denounced to him, that unlesse he returned into Poland be∣fore the 12. of May following, they would depose him, and elect another King: Which he neglecting, they in a generall assembly of the Estates at Warsauia, de∣prived him of the Crowne, and elected a new King: the Chancellor and greatest part of the Counsellers elected Maximilian the Emperour; Some others, with the grea∣ter part of the Nobility, desiring to have one of the Polish blood, elected Anno sister of their deceased King Sigismund, giving her for husband Stephen Battery Prince of Transylvania, and proclaimed him King. The Emperour making mary de∣layes, Stephen in the meane time enters Poland, marrieth Anne, and is crowned King by generall consent, February 8. 1576. who tooke this memorable Coronation Oath prescribed to him by the Nobles.

I Stephen by the grace of God elected King of Poland, great Duke of Lithunia, &c. Promise and sacredly sweare to Almighty God, upon these holy Evangelists of Iesus Christ, that I will hold, observe, deford and fulfill in al. conditions, criticles, and points therein expressed all Rights, Liberties, Securities, priviledges publike and private, not contrary to the common Law, and Liberties of both Nations, justly and lawfully given and granted to the Ecclesia∣stickes, and seculars, Churches, Princes, Barons, Nobles, Citizens, inhabitants, and any other persons of what state and condition so ever by my godly Predecessors, Kings, Princes or Lords of the Kingdome of Poland, and of the great Dukedome of Lithua∣nia, especially by Casimir, Lewis the great, called Loys, Vladislaus the first, called Iagiello and his brother Withold great Duke of Lithuania, Vladislaus the 2. Casi∣myr the 3. Iohn Albert, Alexander, Sigismund the first, and 2. Augustus, and Henry Kings of Poland, and great Dukes of Lithuania; or derived and granted from them, together with the Lawes enacted, and established or offered by all the States during the Interregnum, and the pacts and agreements of my Orators, made with the States in my name. That I will defend and maintaine peace and tranquility between those who differ about Religion; neither by any meanes, either by Our Iurisdiction, or by any authority of Our Officers or states, permit any to be trou∣bled or oppressed, neither will we our Selfe injure or oppresse any by reason of

Religion. All things any way whatsoever unlawfully alienated, or distracted, ei∣ther by warre or any other meanes, from the Kingdome of Poland, the great Dukedome and their dominions, I will re-unite to the propriety of the said King∣dome of Poland, and great Dutchy of Litluania. I will not diminish the lands of the Kingdome and great Dukedome, but defend and enlarge them. I will admi∣nister justice to all the inhabitants of our Kingdome, and execute the publike Laws constituted in all my Dominions, without all delaies and prorogations, having no respect of any persons whatsoever. And if I shall violate my Oath in a∣ny thing (which God forbid) the Inhabitants of my Realme, and of all my Do∣minions of what Nation soever, shall not bee bound to yeeld me any Obedi∣ence: Yea, I doe ipso facto free them from all Faith and Obedience which they owe unto me as King. I will demand no absolution from this my Oath of any one, neither will I receive any, which shall be voluntarily offered, So helpe me God.

To this notable Oath (an unanswerable evidence of the States of Polands absolute Soveraignty over their Kings) this King within 4. dayes after his Co∣ronation, added a confirmation of their Priviledges, containing the same heads, en∣larged with a few more words; which he confirmed with his solemne deed and Royall Seal, and delivered the same to the Chancellor, and Vice-chancellor of the Realme to give out Coppies of them, under the great Seale to all the States of the Realm; who meetings 1.356 afterwards in a Parliament at Warsauia, Anno 1562; there was much debate about setling of the Premises, and nothing concluded.

t 1.357 Anno 1587, the States of Poland questioned and opposed K. Stephen, for viola∣ting their Priviledges, and those of Riga tooke up armes in defence of them; re∣fusing after his death to repaire to the Assembly of the States at Warsauia, Anno 1587. vnlesse their Priviledges might be preserved and rectified, as you may read at large in Chytraeus. King Stephen dying the Estates of Poland, and Lithuania, assembled at Warsauia, Anno 1587. where they made Lawes for preserving the Peace during the Inter regnum; and enacted, that no new King should be e∣lected, but by the unanimous consent and agreeing Suffrages of all the Estates, and that he who shall nourish factions, or receive gifts or rewards, or use any other practises about the election of a new King, should bee reputed an Enemy of his Country. After which they proceeding to an Election; there were divers com∣petitors named: and after many debates; One part chose Maximilian Duke of Austria, the other Sigismund the King of Swethland his Sonne, both of them up∣pon expresse articles and conditions, which they both sealed and swore unto, the chiefe whereof were these; To preserve all their Rights, Lawes, Priviledges, and Immunities publike or private, inviolably; To keepe all former Leagues and Truces; To bestow no Offices upon strangers nor harbour any about them, (ex∣cept some few Private servants) but native onely, and to be conselled and advised by them alone. To maintain a Navy, Garrisons, and build divers Castles in the Frontiers at their owne costs for the Kingdomes preservation; To redresse all grievances, maintaine the Priviledges, Rights and Peace of those who differed in Religion; To procure and augment the weale, peace, Priviledges and safety of the Realme; and perform all Articles mentioned in the Oathes of King Henry and Stephen; In fine, this competition comming to bee determined by the sword: Maximillian was taken prisoner by Sigismund, and forced to release his right

to obtain his liberty: And a Decree passed in Parliament, That no man hereafter should in the Election of the King of Poland, presume to name, or recommend any of the house of Austria to the Crown, and if any did he should be ipso facto infamous: Which decree the Emp. Rodolph desired might be abolished, as being a disparagement to that family, yet prevailed not. After which this King managed all things concerning Warre, Peace, and the Government of the Realm, by advice of his Parliament, as Chytraeus at large relates; and his Successors to this present have done the like, taking the Crown upon such conditions, and making such conditionall Oathes at their Coronations, as Steven did at his.

Denmarke.

For the Kings of Denmarke, I havet 1.358 formerly proved, That they can make no War, Peace, Lawes, nor lay any impositions on their subjects, but by common consent of the Estates in Parliament; their Kings being elective by the people, and crowned Kings upon such conditions, Oaths, Articles, as their States, (in whom the Soveraign power resides,) shall prescribe unto them; who asv 1.359 Bodin clearly determines, have a lawfull power to question, censure, and depose them for their Tyrannie and misgovernment, they having no greater Authority then the Kings of Bohemia or Poland. To run over the Histo∣ries of all their ill Kings would be overtedious, for which you may perusex 1.360 Saxo∣grammaticus & others; I shall give you in brief how some of their later kings have been handled by their subjects for their Tyranny and misgovernment. Not to mention the murthers of Canutus in Iutland in the very Church, or of Magnus or Nicholas, slain by their subjects; King Humblus was deprived of his Crown: and king Harold de∣posed by his subjects for his insolency. Suano waxing proud, Tyrannous and oppres∣sive to his people, became so odious to them, that his Nobles adjoyned Canutus and Waldemar to him in the royall government, and divided the kingdom between them; who thereupon being much displeased, slew Canutus and wounded Waldemar, being impatient of any Peers in government; for which being soon after vaquished by Wal∣demar, hee was beheaded by the people. Able slaying and beheading his brother king Ericus, and usurping his Crown, the people rose up in arms against him, took him prisoner, and the Peasants in Frisia slew him. King Christopher spoyling Walde∣mar of his Dukedom of Schleswick, thereupon the Earles of Holsatia rose up in armes against him, took him prisoner, and detained him so at Hamburgh, till he paid a great ransome for his libertie. King Ericus was slain by his own servants, Anno 1286. king Waldemar was expelled the Realme by his Subjects, and afterwards restored upon his friends mediation; who not long after denying Merchants their ancient liberties in the Realme, the maritine Cities conspiring against him, entred Denmark with a great Ar∣my, expelled him the Realme, tooke his Castell of Coppenhagen, and had the land of Scania assigned to them for 16. years, by the Nobles, in recompence of their dama∣ges sustained. Ericus seeing his subjects every where rise up in Arms against him, sayled into Poland, An. 1438. and deserted his Kingdom and Soveraignty, the people denying him libertie to name a Successor, and electing Christopher Duke of Bava∣ria for their king. After whom they elected Christierne the first king, against whom the Sweeds rebelling for want of administration of justice, and the oppression of his Officers, vanquished Christiern in battell, and set up a new king of their own, named

Charles, who An. 1455. abandoned the Royalty; the Swedes after that would nei∣ther create any new king, nor obey Christierne, nor yet King Iohn who succeeded him, whose Queen they took and detained prisoner two years, and maintained warre against him.y 1.361 Christierne the second, King of Denmarke, was thrust out of his kingdome for his Tyrannie, and breach of his subjects Priviledges; which he endea∣vouring to regain, was taken prisoner by his Vncle Frederick Duke of Scleswick and Holstein, and committed prisoner to Sunderburge in Holsatia, where hee dyed in chains: Frederick was elected king in his place, (upon certain Articles and condi∣tions which he was sworn unto before his Coronation) in a generall assembly of the States held at Hafnia, An. 1524. in and by which assembly Christierne was solemn∣ly deposed, and a Declaration made, printed and published in the name of all the States of Denmark, wherein they expresse the cause why they renounced their faith and obedience to Christierne, sworn unto him upon certain conditions which he had bro∣ken, and elected Frederick: Which Declaration because it is not common perchance to every ordinary Shollar, and contains many things touching the frame and liberty of the kingdome of Denmarke, the Articles to which the kings do usuall swear at their Coronations, and the Tyrannnies of Christierne, for which he was deprived. I shall here insert, as I finde it recorded inz 1.362 David Chytraeus.

OMnibus Christianis Regnis, principatibus, regionibus & populis, notum est, in orbe Christiano, celebre regnum DANIAE suum esse, quod non secus ac caeterae regna, plurimis jam seculis, Regia sua praeeminentia, dignitate, or namentis & libertate prae∣ditum fuerit, & adhuc sit; ita quidem ut Regnum Daniae, ejus{que} legitimè electi Reges nullum unquam superiorem magistratum aut Dominum agnoverint. Omnibus quo{que} tem∣poribus, Archiepiscopis, Episcopis, Dynastis, praelatis & nobilitati liberrimum fuit, regem, & Dominum aliquem suo judicio & arbitrio designare, & in communem regni & Patriae consolationem & salutem eligere, cujus gubernatione, exemplo, & ductu regnum supradi∣ctum, Christianis statutis & ordinationibus, secundum leges suas scriptas, & antiquas con∣suetudines vigere, miseri & oppressi subditisublevari, viduae & pupilli defendi possent. Qui quidem rex semper hactenus a prima electione convenienti juramento & obligatione se huic regno devincire coactus est. Etiamsi igitur nobis omnibus regni hujus ordinibus & consiliariis licuisset post obitumpotentissimi Regis quondam Daniae Iohannis laudatae me∣moriae, pro jure nostro, secundum antiquam, & multis seculis continuatam regni Danici li∣bertatem, regem aliquempro arbitrio nostro designare & eligere: tamen virtute, justicia, magnanimitate, bonitate & beneficientia, eorum Daniae regum, qui ex Holsatorum pro∣sapia originem duxerant, moti; & bona spe freti, fore utrex Christiernus è vestigiis re∣giis avis••i Regis Christierni, & R. Iohannis patris sui non excederet: sed potius ad eorum similitu•• 〈◊〉〈◊〉 & exemplum, gubernationem suam institueret: supra-dictum R. Christi∣ernum, 〈◊〉〈◊〉. vivo adhuc patre Iohanne in Regem & Dominum totius Daniae designavimu•• & elegimus.

Quo quidem ipso tempore celfitudo ipsius solemni IURAMENTO, verbis concepti••, & Deo sanctisque testibus citatis, praestito, Archiepis. Episcopis, Dynastis, praelatis, equi∣tibus, civitatibus & populo regni Danici se devinxit & obligavit, cujus juramenti inter alia haec quoque capita expressa fuerunt: Debemus ante omnia Deum diligere & colere, & sanctam ecclesiam defendere & amplificare. Omnia Episcoporum, Praelatorum & mini∣strorum status ecclesiastici privilegia, à S. Ecclesia & regibus Christianis ipsis concessa, inviolata conservare. Archiepiscop••s quoque, Londensem et Nidrosiensem, et praterea

Episcopos, praelatos, Equites auratos, & alios ordinis Equestris, Regni Proce∣res & Consiliarios, convenienti observantia & honore, pro cujus{que} conditione & statu prosequi: Si qua nobis controversia sit cum Archiepiscopis, Episcopis, aut prae∣latis S. Ecclesiae, eorumque ministris, in locis convenientibus, nimirum coram senatu regni, cognosci & transigi oportebit. Si qua nobis ipsis, aut praefectis nostris, controver∣sia, cùm aliquo ex nobilitate, sive is senator regni sit, sive non, incidet; eum coram uni∣verso regni senatu, hoc nomine compellare debemus, sive ea controversia sit de fundis, sive de aliis quibuscunque bonis aut negotiis.

Et sicuti tenemur unumquem{que} juvare, ut jus suum consequatur; Ita nos ipsi quo{que} obnox••i esse debemus, unicuique coram senatu Regni nos accusanti comparere, & ad ipsius postulata usitato Iudiciorum more respondere, & quicquid a senatu regni super ea re decre••um & pronunciatum fuerit, idipsum exequi, neque hujusmodi legi∣timas accusationes aut postulationes iuclementi animo ferre. Debemus etiam sine ullo praejudicio, gratia, aut muneribus ex aequo, tam pauperi quàm diviti, tam hospi∣ti quàm indigenae, jus dicere & administrare. Nullum etiam bellum incipere, aut externum militem in regnum introducere debemus, comm••ni senatu Regni non praesciente & consentiente. Literis quo{que} & Diplomatis vel nostro, vel etiam patris nostri Regis Iohannis signo confirmatis, plenam & inviolatam fidem & authori∣tatem relinquere, ejus{que} aes alienum, quod liquidum est, dissolvere debemus. Moneta quoque, quam cusurisumus, proba & sufficiens esse debet, ita, ut duae marcae aequivalen∣tes sint uni aureo Rhenano. Item, Nos Christiernus & obligamus nos, quod omnes & singulos articulos, in quos jurandum nobis est, incolis regnorum Daniae & Norwegiae, constanter reipsa praestare velimus. Sicuti etiam ex adverso subditi obligati esse debent ad suum homagium, & auxilia militaria inviolata servanda & praestanda.

Si vero (quod Deus avertat) contra istos articulos agendo delinqueremus, & senatorum regni admonitionibus nullo modo locum dare institueremus: tum omnes regni incolae,* 1.363 ratione honoris & juramenti sui, conjuctis viribus, fideliter in hoc incumbere debent, ut hoc avertant. To faciendo, contra sua juramenta, ob∣ligationes, homagia, quo abstricti nobis sunt, nequaquam fecisse censeri debebunt. Hujus generis plures alii articuli juramento inserti fuerant, qui hoc loco brevitatis gra∣tia praetermittuntur.

Ʋt etiam regia ipsius dignitas, post juratos hosce articulos vehementius & ardenti∣us ad virtutes regias, & Christianarum sanctionum hujus regni conservationem inci∣taretur & inflammaretur, eommodas rationes & vias inivimus, tandem{que} perfecimus, ut illustrissima princeps D. Elizabetha, ex Hispaniarum regum & Archiducum Au∣striae illustrissima prosapia oriunda, matrimonio ipsi conju••geretur. Sperabamus enim dignitatem ipsius regiam, admonitionibus nobilissimae & excellentis virtute, & sum∣ma orbis Christiani regum familia ortae reginae, & praeterea consideratis tantis & tam eximijs ac sublimibus tot Regum ac Imperatorum affinitatibus, motum iri, ut omnibus Christianis & regijs virtutibus, eum clementia & bonitate conjunctis, in tota gubernatione suaeo diligentius incumberet.

Verùm, statim post coronam acceptam, Regia illius Majestas animi acerbitatem, ty∣rannidem, rapinas, immanitatem crudelem & sangninariam, declaravit (quod tamen non injuria ipsum afficiendi animo, sed extrema necessitate, ad defensionem honoris no∣stri compulsi, scribere & divulgare volumus, de quo ipso palàm protestamur) impri∣mis autem amoris & fidei conjugalis nobilssimae & omni virtute praestanti Reginae prae∣stitae,

oblitus est. Quaedam enim turpis, infamis & peregrina vetula, Syburgis, omni pudore & virtute destituta, & ad omnem impurit atemprojecta, propriam suam filiam, Regi prostituit. Quam reginae conjugi suaenobilissimae, status conditione, dignitate & gubernatione Rex praetulit, ei{que} prae omnibus regni consiliariis summam Imperii in Da∣nia commisit, ex cujus perversa administratione & mandatis, multae caedes, homicidia & injustae in causis tam capitalibus quam civilibus condemnationes extiterunt: Et quamvis Regina (quam semper pro Regina & dominatrice nostra deinceps quo{que} ag∣noscere & habere cupimus) ab honestiss. matrona, Anna Holgeria, Gynecei sui prae∣fecta, moneretur, ut Dominum & maritum suum amicè hortaretur, ut à vita illa fla∣gitiosa, quae Christianum conjugem, & imprimis regiam dignitatem, nequaquam dece∣ret, desisteret: tamen, quam primùm hoc rex & anusilla resciverunt statim illa, propter Christianam admonitionem innocens ab officio, suo remota, & miserabiliter regno expul∣sae, et omnibus fortunis suis spoliata est.

Eodem modo Tobernum Ochsitum, de veneno, filiae Syburgis propinando, falsò à so insimulatum innocentem{que} deprehensum, et à senatu quoque regni eo nomine absolutum, in ignominiam et contumeliam Germanicae nobilitatis, tantùm mendacibus turpissimae illius mulieris sermonibus fidem habens, capite truncari jussit.

Quamvis etiam R••ipsius Majestas ingens et publicum Bellum, contra datam fidem, ••obis, nobis inconsultis et inscijs, contra Sueco excitavit: tamen ut animum nostrum fi∣delem, et regiam ipsius personam et nomen extollendi, imperium amplificandi, et extera nationes et regna subjugandi cupidum, posset deprehendere: nos omnes nostra corpora, fortunas, regiones et subditos, in magna pericula conjecimus: quod bellum septennale, contra potentissimum regnum Sueciae gessimus: et tandem cum effusione sanguinis no∣stri, et extrema serè cum pernicie sloris nobilitatis Danicae, auxilio Dei omnipotentis, contra regnum jam dictum, victoriam obtinuimus, et Regiae ipsius Majestati Regnum subjicimus.* 1.364 Et autem regnum Sueviae in perpetua fide et obedientia Regiae ipsius Ma∣jestatis maneret in ipsa corononatione SUECUS verbis conceptis, Deo{que} et sanctis testi∣bus citatis, juravit, se ipsis antiqua sua jura, immunitates, et privilegia incolumia re∣licturum, et omnium quae in bello exorta sint offensionum, et inimicitiarum memoriam, sempterna oblivione aboliturum esse. Cum{que} netum quidem satis Regiae ipsius 〈◊〉〈◊〉 fide∣rent Sueci, necesse fuit nonullis ex Episcopis, Praelatis, et Nobilibus Danicis, pro rege fidem suam interponere, eam{que} diplomatibus eo nomine confertis et obsignatis, confirma∣re. Qua quidem ipsa in re deesse illi noluimus.

Etiamsi autem Regna et populi armis subjugati, tatummodo jure et justicia in officio cotineantur: tamen Rex hoc ipso non satis benè considerato, et maximis gravissimis{que} juramentis posthabitis, triduo post coronatinem Suecicam, Episcopos, Praelatos, Nobi∣litatem, una cum consulibus et aliis praefectis (tanquam ad convivium regium & solen∣nem de impetrata à Deo victoria gratulationem) invitavit, qui etiam fide & invitatio∣ne regia illecti, unà cum amicis, uxoribus & liberis suis, reverenter comparuerunt. Sed tam amicè invitati, admodum hostiliter excepti sunt, ipsorum{que} plausus in moesti∣ciam commutatus est. Ex livore enim tyrannico ipsis imputatum est, quod pulvere tor∣mentario arcem ipsius regiam passim conspersissent, ut ita incendio eum è medio tolle∣rent. Cum tamen certissimis inaiciis compertum sit, illud à Rege ipso, eum in finem factum esse, ut speciociore aliquo praetextu, causam mortis in eos confingeret, quos aliâs nullo ••ure quaestionibus subjicere potuisset. At{que} ita reverendissimi, strenui, & hone∣stissimi virs, D. Matthias Zu Strengenisse, & D. Vincealius Scharensis Episcopi, &

praeterea sexaginta Equites aurati & viri Nobiles, aliqui etiam Consules, Senatores, & cives uno die, sine ullo judicio, ex mera tyrannide, contra datam fidem, decollati sunt. Quorum etiam cadavera, vestibus nudata, cum in tertium us{que} diem in foro Stokhol∣mensi, miserabili alijs spestaculo fuissent, tandem igne comburi jussit; ac etiamsi illi ad∣huc vivi more Christiano Confessiones suas edendi cupidi essent, tamen hoc îpsis ani∣mo prorsus malevolo denegatum est.

Eodem modo Reverendum & religiosum D. Abbatem Nyddalensem & quin{que} fra∣tres, qui tum in honorem Dei Missas celebrarant, die purificationis Mariae, sine ullo judicio, aquis suffocari curavit, nullam aliam ob causam, quam quod durante adhuc bello, una cum aliis se Regi opposuissent.

Sex praeterea ex nobilitate Suecica qui communis inter Daniam & Sueciam pacifi∣cationis nomine, fide publica & regia, & quidem vocati antea venerant, sibi-ipsi obsides constituit, eos{que} in durissima vincula conjectos, tamdiu apud se detinuit, donec regnum Su••ciae sibi subjecisset.

Multos quo{que} nobiles, inter quos nonnulli ex familia Ribbingia fuere, una cum duo∣bus pueris adhuc teneris, qui fide & clementia ipsius freti, istuc venerant, capite plesti: sicuti etiam Tonnum Ericisilium, & Henrichum Stichum, unà cum multis alijs nobilibus in Finlandia, sine ullo judicio decollari jussit.

Episcepo Finlandiae domum & possessiones suas per violentiam ademit, ita quidem, ut ille sibi consulens, paulò post tempestate in mari exorta naufragio Miserabiliter perie∣rit. Brevitatis causa multa alia prava & tyrannica facinora, in Regno Sueciae contra Deum & omnem aequitatem ab ipso perpetrata, hic praetermittimus.

Quocirca Episcopi, Dynastae, Praelati, Nobilitas, Civitates & reliqui regni Sueci∣ci incolae, qui crudeles, impuras & sanguinolentas ipsius manus, vita sua incolumi effugerant, contra eum insurrexerunt, satius et honestius esse rati, potius in acie pro salute patriae, quam domi sordis & turpissimis suppliciis innocentes excarnificatum, mo∣ri. Atque ita (nostro quidem judicio non immeritò) sumptis armis & palàm Bello contra Regem suscepto Tyrannicum illius jugum excutere instituerunt.

Etiamsi igitur nos periculo corporum & fortunarum nostrarum, ipsi, post auxilium Divinum in regno Sueciae subjugando adjumento fuerimus: tamen non nostra sed sua ipsius culpa iterum eodem regno excidit. Quocirca denuo ab eo interpellati, ut Sueci nostro auxilio ad priorem obedientiam adigerentur; ne id quidem (quamvis nullo ju∣re aut lege teneremur) facere recusavimus, ut vel hoc modo fidelis animus & voluntas nostra, à Rege perspiceretur, quando quidem ferè supra quam vires nostrae ferrent (cùm jam entea nostros equos, arma, naves, aurum, argentum, Clinodia & insuper nostros amicos, affines & propinquos in Suecia reliquissemus,) denuo terra mari{que} magnis im∣pensis militem & naves armare & instruere: propria corpora nostra, possessiones, pecu∣niam & facultates omnes impendere: & una cum ipso totam belli molem, in tertium usque annum sustinere non detrectaremus. Id{que} optima spe freti, futurum ut fidelia haec nostra servitia, tandem aliquando à regia ipsius dignitate cum clementia ag∣noscerentur.

Ʋerum his omnibus non consideratis, ille intera Episcopos, Praelatos, Ecclesias, Coe∣nobia, Hospitalia, Sacerdotes, Matronas, virgines, Nobilitatem, cives, viatores, ne∣g••ciatores, & miseros denique Rusticos, immoderatis & inauditis exactionibus, vestiga∣libus & expilationibus oneravit.

Praeterea maximam bonorum nostrorum partem, unà cum auro & argento, ex∣actionibus

extorsit, ad se translatam adhuc retinet. Monetam verò nullius momenti cupream, ex ahenis cerevisiaris usu det••itis cusaem in regnum intrusit, quam aequo cum argenteis & aureis monetis precio, à milite ipsius acceptare, & ut in toto regno usurpa∣retur & valeret, coacti sumus tolerare. Cum tamen illa in finitimis regnis, nationi∣bus & civitatibus nullius valoris esset, res nostra familiaris, cum omnibus commerciis jacerent: regnum hoc nostrum antiquum cum suis incolis omnibus suis nervis & viri∣bus plane exhau-iretur, & ad extremam egestatem & inopiam conniiceretur. Et quam∣vis haec quo que omnia, ut bello suscepto optatus tandem finis imponi posset, submisse tole∣raverimus: tamen ne hac quidem ratione quidquam apud Regem proficere potuimus, cùm ille palàm hominibus fide dignis audientibus diceret, se & corporibus & fortunis imminutos ita nos debilitaturum, ut passim omnibus contumeliae & ludibrio essemus. Cujus sui propositi statim etiam exemplum reipsa nobis exhibuit.

Archiepiscopum enim Lundensem D. Georgium Schotburgum quem secretarium quondam suum hac spead dignitatis illius fastigium rex evexerat, ut quaedam Archie∣piscopatus illius praedia ad se transferre posset; cùm regis cupiditati postea non gratifica∣retur, quod diceret, juramento se illi ecclesiae praestito, quod violari à se minimè deceret, prohiberi: seque potius turpissimam mortem obire, aut vitae monasticae etiam durissimae in reliquum vitae tempus mancipare se velle, quàm in perjurii suspicionem vel minimam se conjicere. Cùm igitur aliquot poenarum, quae innocenti irrogabantur, optio illi con∣cederetur; ad vitam tandem monasticam à rege compulsus est. Quo facto, statim Prae∣latos & Canonicos ecclesiae Lundensis per literas ad se accersivit, cumque illi praestita obedientia comparuissent: jussit eos contra fidem regiam, in infamem & foetentem carcerem compingi, iisdemque paulò post insulam Borneholman, Ecclesiae illi Lundensi subjectam & propriam, cum omnibus arcibus, oppidis & vicis, nullius excusationis ra∣tione habita, vi metuque coactis, ademit.

Reverendissimus quoque Iohannes Episcopus Fyoniae, cùm literis regiis ad juridi∣cam vocatus comparuisset; eodem modo miserabiliter, & praeter omnem culpam captus, & in carcerem conjectus est, & omns collegii illius ecclesiae bona petulanter ad se transtulit.

Nemo etiam velex Senatoribus regni, vel aliis Daniae incolis sine corporis & vitae suae periculo ipsum convenire: aut si quis omnino fortunam suam hac in parte perislitari in∣stitueret; nequaquam id, nisi p••ius peccata sua sacerdoti confessus esset, & ad mortem se praeparasset, tentare ausus est, cùm saepenumero in eas angustias coactos nonnullos con∣staret, ut ne confitendi quidem spacium illis concederetur. Ex quo ipso hoc quoque con∣secutum est, ut regno huic, & communi patriae nostrae, consilio & consolatione nostrae auxilio esse non possemus. Eodem Praepositum Rotschildensem, & D. Nicolaum Erici, multosque alios praelatos & viros ecclesiasticos, qui patri & matri ipsius laudatae memo∣riae fideliter inservierant, abs{que} ulla misericordia, bonis suis spoliavit.

Politico quoque & equestri ordini, reliquisque regin inquilinis nequaquam pepercit. Mandato enim ipsius, vir strenuus & nobilis Magnus Tamassenus, qui toto vita suae tempore, ab omnibus habitus est homo integer & probus, & quem nemo unquam quidpiam, quod honestum & nobilem virum non deceret, gerere aut facere animadver∣tit; quique etiam in fide Christiana piè mortuus erat, hic inquam Tamassenus, ex terra iterum effossus est ipsiusque cadaver, in foro Arhusiano, in singulare Daniae nobilitatis Iudibrium & contumeliam, suspensum est. & insuper Rex omnia illius, viduaeque ipsius relictae, bona, cum omni auro, argento, & clinodiis, sine ulla postulatione judiciali, ad se & in suam potestatem redegit.

Strenuo quoque D. Iuggoni Krabbio, equiti aurato & Marescalco, qui ipsi longo tempore in Dania, Norwegia, & Suecia honestè & fideliter, etiam eum effusione san∣guinis, & bonorum suorum jactura inservierat, unum ex pagis suis Vischbe••um novum unà cum multis ad eum pertinentibus fundis & bonis, aperta vi, & contra religionem jurisjurandi, ademit, & sibi vindicavit, cùm interea ille multis modis ad legitimani causae cognitionem, sed tamen frustra, provocaverat.

Cùm ex ministris ipsius aulicis Nicolaus Daa, quodam vesperi in caupona & sympo∣sio sedens, hospiti ex fenestra rhombos aliquot vitreos fortuitò excussisset; & tamen eo nomine statim sequenti die hospiti pro tantillo damno abundè satisfecisset: nihilominus tamen, ob causam tam nihili, pater ipsius in arcem Hafniensem violenter abductus, & tamdiu captivus est detentus, donec praefectus regius missis in domum ejus satellitibus, omnes ipsius cistas aperuisset, omne aurum & argentum inde exemisset, & ad quatuor Marcarum Danicarum millia vi metuque illi extorsisset.

Quinetiam contra juramentum & dotam fidem, Schlos Gelauben Ius electionis, quod antea senatus regni propium erat, post mortem ad sùos haeredes transtulit, quo ipso antiquum nostrum & liberum regnum, haereditariae oppressioni subjicitur, & nos libera nostra electione spoliati sumus.

Quid, quod à quolibet, etiam pauperrimo hujus regni incola, binos in singulos an∣nos florenos, in perpetuum deinceps numerandos, ausus est exigere, cum tamen multi ex ijs, vix bines solidos snis dominis quotannis exsolvere possent.

Nec tantum Danicae nobilitatis excidio, animus ipsius sangainarius satiari non potuit, sed in Germanos etiam nobiles ingratitudinem effunderet. Honestum enim virum Stephanum Weberstedium, in Turingia loco equestri natum, qui longo tempore, sicuti Ministrum fidelem & nobilem decet, pro supremo Capitaneo peditum Danorum contra Suecos ipsi inservierat, & qui praeclara fortitudinis suae specimina, cum Hoste us{que} ad sanguinis effusionem dimicans, ediderat, cui etiam hoc nomine praefecturam Olanden∣sem datis literis concesserat. Hunc inquam Stephanum, cum diutius praefectura illa ca∣rere nollet, ex asylo Coenobij Sp. S. ab ipsius avo fundati abreptum, decollari jussit, hoc pratextu, quod in domo publica militi euidam vulnus inflixisset, cum quo tamen ille, amica transactione interueniente, jampridem in gratiam redierat.

Eodem modo cum conjugis suae regia cubulario Maximiliano egit, qui reginam in regnum Daniae advenientem comitatus suerat: eum enim cum Regina ad C saream Majestatem, & Dominam Margaretam, ablegasset, Rex antequam Dania excessis∣set, exitinere retrahi, & capitali suppli••io affici jussit.

Adhaec cum fortissimus ipsius capitaneus N. von Hederstorff, nomine praesidiari∣oruus Stokholmensium, honestos aliquot milites, pro stipendio suo, & quibusdam alijs conficiendis, Haffniam misisset; praefectus Haffniensis eo exceptos Abrumstorpum de∣duxit, quasi regem ibidem inventuri essent. Eò autem cum venisset, loci praefectus, eos carceri mancipatos, paulo post sine ullo judicio, unà cùm puero quopiam tru∣cidari jussit.

Suum quo{que} Germanicum Secretarium Stephanum Hopsensteinerum, cujus opera in gravissimi•• negociis apud 〈◊〉〈◊〉 saream Maject. Electores & principes Imperij Rome∣ni, usus fuerat, ad impudentissimae mulieris Syburgis mendacem delationem, inclementer persecutus, ipsius vitae & bonis insidiatus est. Qui tamen evidentissimo Dei omnipotentis auxilio, manus ipsius cruent as ex Dania evasi••, & in Caesaream urbem Lubecam confu∣git, ubi nihi lominus à Ministro Regio, ejus vestiga insequente, accusatus, & in custodia

aliquandiu detentus fuit, donec tandem causa probè cognita, ab injusta ejus accusatione & insimulatione, per sententiam absolutus est.

Praetere à multas quoque exteras nationes, Hollandos, Brabantos, Flandros, Lubecenses, cum omnibus civitatibus maritimis, contra data privilegia, & regia diplomata, pecuniis suis emunxit, & quotiescunque illi negociorum suorum causa in hoc regnum appulerunt, statim navibus & mercibus suis spoliati sunt.

Et quamvis Norvvegiae quoque regnum semper, ipsi fideliter fuerit subjectum, & pro viribus omnia sua officia & auxilia praestiterit, et ejusque omnibus edictis & interdictis cum obsequio paruerit: tamen neq Deo consecrati Episcopi, neque Nobilitas, neque populus illius inclementem & immisericordem animum effugere potuit. Episcopus enim Camerensis, licet innocens, in crudeli admodum carcere captivus est detentus, ita quidem, ut ex foetido & impuro aere, curis diuturnaque sessione, omnibus suis viribus consumptis, tandem carce∣re liberatus, mox diem suum obierit.

Reverendissimus quoque Episcopus Ansloinsis, Andreas eo compulsus est, ut alteri suum Episcopatum cederet: quod si facere recusaret, submer sionem illi minabatur.

Reverendissimum quoque Archiepiscopum Nidrosiensem ab Ecclesia sua Archiepisca∣pali in exilium expulit, qui postea Romam ad Papam consugiens, ibidem in magna inopia & miseria mortuus est.

Nobilitati quoque ejus regni nequaquam pepercit, strenuum enim & praestantissimum equitem auratum, Canutum, Canuti ficto & mentito quodam praetextu, in carcerem redegit. Cumque ille in jus provocaretur, & causa in senatu regni cognita & dis∣ceptata absolutus esset: tamen jure suo, à Deo & aequitate sibi concesso, uti non potuit, cum paulò post miserimè decollaretur, & omnia ejus bona, contra omne jus a rege abriperentur.

Etiamsi verò multò plura ipsius impia & tyrannica facinora, & inprimis cum honestis matronis & virginibus, viduis & orphanis passim in Dania, Suecia, Nervvegia perpe∣trata, indicare possemus: tamen illa ipsa, respectu nominis & dignitatis regiae habito, hoc quidem tempore, in nostra hac querela commomorare non volumus.

Semper equidem speraveramus futurum, ut crebris, fidelibus & submissis admonitioni∣bus adductus, sese emendaret, & ab hujusmodi minimè regiis aut Christianis, sed potius tyrannicis inceptis, facinoribus, expilationibus, vectigalibus, exactionibus, ali∣isque crudelibus institutis desisteret: sed tamen admonitiones hae nostrae planè infructu∣osae aures regias personuerunt: nostrae sententiae & consilia planè sunt repudiata, nul∣li ex senatu regni locus apud regemfuit relictus, imò homines planè contempti & ad nullamrem idonei habiti & reputati sumus. At{que} ita ille in priori sua tyrannide, seipsum induravit.

Et ut omnino crudeli suo erga nos animo & voluntati satisfieret, milites peregrinos magno numero, tam pedites quam aequites, contra praestitum juramentum, quod ex supe∣rioribus articulis patet, in regnum induxit, & majoribus adhuc qu••am antehac factum est, oneribus & exactionibus nos gravare instituit. Cum autem id non injuria nobis grave esset, hoc tentatum est, ut nos una cum miseris rusticis, (qui tamen ipsi tempore belli sep∣tennalis penè omnem substantiam nostram impenderamus) vi ad illas praestandas adi∣geret. Quocirca missis literis tanquam ad juredicam Ahusium nos evocavit, eo con∣silio, ut nos vi militis externi (si modò is ad tam impium facinus à rege perduci potuisset) adoriretur, & pro lihitu suo imperata facere cogeret. Compertum etiam nobis est, Regem ad diem praestitutam duorum immanium carnificum, more suorum

satelli••um (ne scilicet res innotesceret) vestitorum operam conduxisse, in eum finem, si intolerabilibus ipsius edictis & voluntati non assentiremus, ut tum in corpora & fortunas nostras impetum faceret, & forte non aliud quàm in Suecia, Dynastis, Episcopis, praelatis, nobilitati & civitatibus factum est, covivium nobis adornaret.

Quapropter justissimo (qui etiam in fortissimos viros cadere potest) metu compulsi sumus, ut de tantis malis à nobis avertendis cogitationem aliquam susciperemus, atque ita nostra corpora, vitam & possession••s (quod jure naturae facere tenemur) defende∣ve••••us. Compulsi igitur sumus, ut nostra juramenta, homagia & auxilia militaria per literas illi renunciaremus, id quod, etiam reipsa à nobis jam factam est, cum plane con∣fideremus, neminem fore, qui impiis tyrannicis ipsius delictis consideratis, vitio hoc ver∣tere nobis posset.* 1.365 Nos enime status & consiliarios regni Dauici, coram Deo & homini∣bus obligatos agnoscimus, ut communi patriae, in extremis hisce periculis & angustiis, consolationem aliquam offeramus. Siquidem miserorum ejus regni inquilinorum aeter∣na, ratione corporum & bonorum, pernicies, matronarumque & virginum dedecus & contumelia potissimum ab eo quaeritur, à quo illa omnia meritò averti à nobis debe∣bant. Neque ignotum est, propter similia, aut saepè etiam leviora quàm nos (proh dolor) perpessi sumus facinora tyrannica, saepenumero Caesares Romanos, Reges Ʋngariae, Bo∣hemiae, Angliae, & Scotiae, ex suis imperiis & regnis dejectos, nonuullos principes ex diti∣onibus suis haereditariis expulsos esse, sicuti id tam ex veteribus historiis, quàm ex nostrae aetatis exemplis satis certo nobis innotuit. Et nisi gravissimus hisce, quae hactenus com∣memoravimus, oneribus impelleremur, pigeret & taederet nos, talem aliquam cogitatio∣nem in nostrum animum inducere, multo minus reipsa eam exequi, sed potius sicuti pa∣tri & avo ipsius, ita ipsi quoque libenter addicti fuissemus.

Etiamsi verò ab electione externi alicuius & Christiani Regis aut Domini cujus potentia & defensione regnum nostrum gubernaretur non plane fuimus alieni: tamen considerato diuturno & Christiano regimine, regiis virtutibus, clementia, bonitate & justitia, quibus & illustriss. princeps & Dominus. D. Fridericus, verus haeres Nor∣••egiae, Dux Sleswici, Holsatiae, Stormariae & Dietmarsiae, Comes Oldenburgi & Delemenhorsti, erga Subditos suos statim à guber nationis suis exordio pie & landabi∣liter usut est: eum potissimum unanimi consensu regene & Dominum nostrum supra totam Daniam elegimus, cum nimirum cogitaremus, eum ex inclyta regum Daniae prosapia originem ducere, & praeterea regis filium natum esse, aetque ita jure prae omni∣bus alis principibus hunc honorem ipsi, praesertim cum patrimonium quoque ex regno paterro suae Colsitudine debitum ne nunc quidem accepisset, deberi.

Regomus igitur unumquemque, cujuscunque conditionis aut ordinis sit, si fortè su∣prà dictu•• Rex Christiernus, aut alius quispiam nomine ipsius, vel Scriptis vel alio modo, nos insimulet, quod contra datam fid••m & juramenta hac in partè egerimus, ut illi, an∣tequam vlteriorem nostram defensionem audiat, fidem non habeat, sed potius nostras hasce difficultates, corporis & vitae pericula, impias viduarum & pupillarum oppressiones, ma∣tronarum & virginum violationes, cum clementi, christiana, benevola & humana commiseratione cognoscat. & nos (qui honorem & existimationem nostram, ut pios no∣biles decet, erga regem illaesam ad huc conservavimus) excusatos habeat. Simulque aliis queque omnibus & singulis, ob causas jam suprà dictas, & alias complures (quas adhuc in bonorem nominis regii usque ad ulteriores nostras apologias reticemus) benignè nos excuset. Si etiam rex coram logitimo aliquo judice nos accusandos esse censuerit. hoc ipso scripto nos ad legitimam & justam causae hujus cognitionem & decisionem offeri∣mus;

pollicemur etiam nos iis, quae hoc modo jure decernentur & sancientur, prompto animo p••rituros esse. Neque dubitamus, si vel sanctitas Pontificia, vel Rom. Caesarea Majestas, & ludicium Camerae, vel alii quoque Christiani Reges, Electores, Principes, Comites, Barones & Nobiles, vel inclytae & liberae Imperii civitates petitionis hujus no∣stris aequitatem, & ipsius impiam & Tyrannicam nostri oppressionem cognoverint, quin factum hoc nostrum, ad quod extrema necessitas nos compulit, nequaquam sint improbaturi. Pro quo ipso singulis, pro ratione ordinis & conditionis suae, nostra studia, officia, & gratitudlnem, omni tempore praestandam, deferimus & pollicemur.

Swethland.

NOt to mention the Kings and Kingdom of Norway, long since incorpora∣ted into Denmarke, whose lives and Catalogue you may reade in* 1.366 Munster, Ioannis Magnus, Crantzius, and others:* 1.367 in which Realme not one King anciently died of age or diseases in above one hundred yeers, but of violent deaths; there being this custom, That whosoever slew a tyrant King, was thereby made a King. The Kings of Swethland have alwayes been elected upon certaine conditions, and subordinate to the power and censures of their whole States and Parliament, in such sort as the Kings of Hungary, Bohemia, Poland, and Denmarke have beene; and oft times this Kingdome hath beene annexed to the Realme of Denmarke, and sub∣ject to the Danish Kings, as they saw occasion: The names and lives of the Swedish Kings before and since their conversion to Christianity, you may reade at large in* 1.368 Munster, Joannis Magnus, Crantzius, Olaus Magnus, and others: I shall give you a taste onely of some of them out of those Authors. Halsten, and Animander his successor were thrust out of their Thrones and Realms by their Subjects. After whose death, the Swedes elected one King of their owne Nation, the Gothes an∣other, not enduring a forraign Prince to reigne over them. King Bugerius slaying his brother Ericus, who had imprisoned him at a banquet, his Nobles detesting this his treacherous act, rose up in Armes against him, expelled him the Realme, and beheaded his Queen and Magnus his son, electing Magnus the son of Ericus for their King. Magnus the seventh, betrothed his son Aquin to a kinswoman of the Earle of Holstain upon this condition, That unlesse Aquin should receive her a Virgin, all the Nobles of the Realme should be freed from their Oath of Allege∣ance to him. The Virgin sailing into Swethland, was taken prisoner by Waldamer King of Denmarke, who betrothed his daughter Margaret to Aquin: whereup∣on the Nobles of Sweden denied to yeeld any more obedience to their King, deser∣ted Magnus and chose Albert King: Magnus seeking to regaine his Realme, was defeated in battell and died in exile. Queen Margaret taking Albert prisoner, and conquering Sweden, left it and two Kingdoms more to Ericus her adopted son. But the Swedes weary of a forraigne yoke, by the helpe of Engelbert, denied subjection to him, and waged warre so long with him, that he was forced to place Swedes in all the Castles by agreement, and to receive onely halfe the revenues of the Realme in his absence, and at last (tired out with the wars) deserted both Crowne and Kingdome. After this the Swedes elected Charles for their King, who after seven yeers reigne, perceiving that he grew grievous and displeasing to

the States of Sweden, taking his owne private goos onely with him, and leaving the treasure of the Realm in a safe place, left the Kingdome. Whereupon they elected Christierne the first, the King of Denmarke and Norway, for their King; against whom they took up armes, because he had broken that paction prescribed to him when he tooke the Crowne; whereupon Anno 1499. Christierne came with a great power to subdue the Swedes, but he was easily conquered, repulsed thence twice one after another by the Swedes united forces: who elected them a Governour whom they called a Marshall, which had power to call generall Assemblies of the States, and execute the Kings Office, and might have beene elected King upon such conditions as the States propounded, which he refused to submit to. King Iohn thinking to subdue the Swedes after Christiernes death, was repulsed by them, and his Queen taken prisoner. His sonne Christierne the second, King of Denmarke, by the treachery of Gustavus Archbishop of Ʋpsalis, after many encounters, upon promise to continue their Laws, Liberties, and Priviledges inviolably, and to remit all offences past by a solemne Oath, was elected by the Swedes for their King: who swearing these Articles and confirming them by his Charter, was upon this admit∣ted into the Towne and Castle of Holme;* 1.369 where feasting all the Nobles and prin∣cipall men of Swethland two dayes together, suspecting no treachery, he sudden∣ly apprehends them, imprisons, murthers all the Nobles, Gentry, Citizens, Com∣mons, yea Bishops and Monkes, with extraordinary cruelty, spoils their wives and Orphans of all their goods, and exerciseth more then barbarous tyranny over them; which Gustavus Erichson, a noble Swede then in Denmarke hearing of, escape thence privily, and comes into Swethland disguised, raiseth an Army to revenge this butchery, delivers his Country from this Tyrant, and for his noble service was by their unanimous vote elected and crowned King of Sweden in his stead; the Swedes in a publike Declaration manifesting their expulsion and de∣privation of Christierne for his treachery and tyranny to be just and lawfull.* 1.370 Eri∣cus the seventeenth King of Sweden, imprisoning his brother, murdering his faith∣full Counsellours, warring upon his Subjects, playing the tyrant, and matching himselfe unworthily to a woman of meane condition, was for these his misdemea∣nors taken prisoner, with his Queene, deposed, and his brother made King in his stead, Anno 1599. And* 1.371 Sigismund King of Sweden, taking upon him the Crowne of Poland, after fourteen yeers reigne, was deposed and dispossessed of his Kingdom Anno 1607. and Charles his Uncle made King in his stead.

Assyria, Cyprus, Lombardy, Naples, Ʋenice.

I Could now acquaint you with many such like passages and stories in the King∣domes of Assyria; as how effeminate* 1.372 Sardanapalus, for his vices and mis-go∣vernment was deprived by his Subjects, burned in his Palace, and Arbactus made King in his stead. In the Kingdom of* 1.373 Cyprus, where King Peter murthering his brother and those of Geneva, was soon after taken prisoner and made a tributary Prince. King Iohn governed by Helena his wife, and she by his Nurse, which made the people weary of the government, had a Regent by consent of the Nobles (Ioba of Por∣tugall,

whom they married to his daughter Carlota) set over him and the Realm and all the royall power soon after put into his hands, who being soon poysoned by He∣lena, Lewes sonne to the Duke of Savoy was sent for and crowned King by generall assent, and John and Iames his sons put by.* 1.374 Clephus the second King of Lombardy was so cruell, that after his death they would have no more Kings, but chose thirty Dukes to governe them, who continued this government eleven yeeres. Deside∣rius the last King of Lombardy was taken prisoner with all his children in Pavia by Charles the great, and so that Kingdome ceased, Anno 774.* 1.375 Tancred the fourth King of Naples was deposed by Pope Celestine the third with his peoples consent. Momfrey Bastard poysoning Conrade the seventh King of Naples, and usurping the Crown, was deposed by Charles Earle of Aniou, who 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 insuffi∣ciency; 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.* 1.376 Peter Duke of Ʋenice was for his tyranny and misgovernment besieged in his palace by the people,* 1.377 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 con∣demned to death and executed by the States of Ʋenice, and that justly as * 1.378 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* 1.379 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 mi∣series 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* 1.380 Aristotle,* 1.381 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 No∣bles 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, censu∣red, 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* 1.382 Rerum Scoticarum Historia. Where this their Soveraigne power i•• so largely vindicated, debated, demonstrated, and the chiefe objections against it clea∣red so abundantly, that I shall not adde one syllable to it, but present you with some Historicall examples which confirme it.

* 1.383 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 reig∣ned fifteene yeeres with much justice and modesty; after which his Nephew Ferleg desiring to raigne, demanded his Fathers Kingdome of his Uncle, who being wil∣ling 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 assem∣blies 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 fa∣thers 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.h 1.384 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 t••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 deplo••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 ignomi∣ny, not daring to returne; Conan a prudent and discreet man, being elected Vice∣roy 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 ty∣ranny

might be cut off, it was decreed, That Kings should command nothing of greater moment to be d••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 ve∣nery. He prostituted his wife, (daughter to the King of Britains) to his compani∣ons, 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, nei∣ther at home nor abroad, being equally hated of strangers and subjects, thought best to counterfeit repentance of his former life,* 1.385 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 pri∣son, 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, ban∣quets, 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 volun∣tarily banished himselfe among the Picts. Even dying, leaving a bastard sonne cal∣led Gillo, he procured himselfe to be elected Viceroy till a new King should be cho∣sen, and got the Kingdome confirmed to him; but yet not deeming himselfe se∣cure 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 fea∣red 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 con∣quering Gillo in Ireland, he was forced to fly into a Cave, where he was taken and his head cut off.

* 1.386 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 com∣panions of this his flagitious life; he murthering the rich to get their wealth, and favouring t••eeves to sh••e in their robberies: whereupon the Nobles and people conspiring against him and taking up Armes, he discerned how unfaithfull the so∣ciety 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 pe••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 in∣jured. 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 flatte∣rers 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 laugh∣ing-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 As∣sembly of the chiefe men; where being more freely reprehended for those crimes, he com∣manded 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 in∣struments of his wickednesses, when he had scarce reigned three yeeres space. Mo∣galdus 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 luxu∣rie, 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 Parlia∣ment, 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 Court∣flatters, 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 for∣mer 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 main∣tain 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 recei∣ved 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 h••nds on by those who stood next him was s••ut up in a Hall with a few attendants: his Courtiers, the authors of ill counsell were presently brought to punishment, and A••g••••us a Nobleman made Ʋice-roy till the people should meet to elect a new King; after which C••na•••• spent with griefe and sicknesse, died in prison. King Eth••d••us his sonne being an infant ••i brother Tetra••ell was cho∣sen King, who murthering his nephew, cutting off divers of the Nobles, and spo••ling the common people, to establish the Kingdome in himselfe, he grew so edicus and so much d••minished his authority in a short time, that he stirred up divers seditions; which he not daring to goe abroad to suppress••, b••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 o••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, sloath∣full, 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 Fi••ler, then a Prince; whereby he became very odious to the people: at last ravishing the daugh∣ters 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, rai∣sed 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 offi∣cers 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 th••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 him∣selfe very cruell to the adverse party, reduced capitall causes to his owne arbitre∣ment, 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 sup∣pressed him before he could collect his Forces; and cutting off his head, carried it about 〈◊〉〈◊〉 Poll, as a joyfull spectacle to the people.

k 1.387 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 com∣pany 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 be∣ing 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 to∣wards his enemies, that he not onely granted them peace, but remitted them in∣juries, 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 Noble∣mans daughter in the 15. yeare of his Raigne. King Goran was slaine by the peo∣ple 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 judge∣ment 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 wic∣kednesses he was excommunicated: but the Nobles willing to assemble together to punish him,* 1.388 were diswaded by holy Bishop Colman, who told the King openly, that some Devine judgement would shortly seize upon him, which fell out according∣ly, 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 ar∣row in the night, when he was marching against the Picts; whereupon, lest the Ar∣my 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 ap∣prehension 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 con∣sent, and his companions in wickednesse and villany hanged, which was a gratefull spectacle to the people. Fergusius the third succeeded him both in his Crowne and Vices; he was a foule drunken glutton, and so outragiously given to Harlots, that he neglected his owne wife, and brought her to such poverty, that she was forced to serve other Noble women for her living; wherefore to expiate this dis∣grace, she murthered him in his bed, and afterwards slew her selfe also. Donald the 70 King of Scotland, gave himselfe wholy to his pleasures, keeping none but Hunters, Hawkers, and inventors of new lusts about him, on whom he spent the revenues of the Realme, by which he corrupted the youth of the kingdome: which the ancients of the Realme discerning, assembled and went to the King, admonishing him of his duty; which he notwithstanding neglected, till the wars roused him up. Which being ended, he returned to his pristine courses; Where∣upon the Nobles fearing, lest this filthy and sloathfull man, who would neither be amended by the councels of his friends, nor calamities of his people, should lose the remainder of the Kingdome which was left, cast him into prison; where for griefe of his inhibited pleasures, or feare of publike shame, he layd violent hands upon himselfe Constantine the second was inhibited by his Senators to make war before he had reformed the corrupted youth of the Realme by good Lawes; after which he was slaine in battle by the Danes. King Ethus his brother and successor polluting himselfe with all vices, and drawing all the youth of the Country (prone to wickednesse) with him, he was the reupon seised on by the Nobles; who ma∣king a long Oration to the people, wherein they related the wickednesses of his whole life, he was forced to renounce his right in the kingdome, and dyed in pri∣son of griefe, within three days after. Gregory being made King in his stead. Constan∣tine the third turning Monke, Malchombe was elected king, who was slaine by the conspiracie of theeves; whose sonne Duffus being an infant, Indulfus enjoyed the Crowne; to whom Duffus succeeding, was murthered by Donald: whereupon a Parliament was assembled to chuse a new King, which elected Culenus: who at last degenerating into all licentiousnesse, ravished Virgins, Nunnes, yea his owne si∣sters and daughters, and set up a kinde of publicke stewes. For which being re∣prehended by the Nobles, he excused part by reason of his youth part by reason of feare, and acknowledgeing his sorrow for the residue, promised a ••endment. But he not reforming upon their admonitions, they departed from Court, that they might neither be witnesses nor partakers of his vices: The king freed of their trou∣blesome company gave himselfe wholy to feasting and venery, spending nights and dayes in dishonest sports and pleasures with his dissolute companions; and to maintaine his luxurie, he pillaged and oppressed his Subjects, especially those who were rich; and by his disorders fell into a grievous sicknesse, which made him a deformed carcasse, fit for nothing but to suffer the penalties of his vitious life, his Courtiers and companions spoyling the people every where in the meane time. Whereupon the Nobles were enforced to summon a Parliament at Scone, where the king was commanded to be present, that together with the rest he might consult how to provide for the publicke safety in his precipitate State of things: with which sommons being awaked, he began to consult with his companions, what was best to be done for his owne safety in these exigents: being unable to

resist or flee, he resolved to goe to the Parliament, hoping to finde some mercy there for his good fathers sake, to preserve him from falling into extreame misery; but in his way thither he was slaine by the Thane of the Country for his violent ravishment of his daughter; his death was acceptable to all, because it freed them of such a monster with lesse labour then they expected: and Kenneth the third was made King in his place: who poysoning his Nephew Malcolme, heire to the crown after his decease, to settle on his own posteritie, he caused the Lords in Par∣liament to repeale the ancient Law wherby the Crown discended to the next of kin during the minority of the right heire; and to enact, that the sonne should from thenceforth inherite the crowne next after his father, through a Minor; that the Realme during his Minority should be governed by a Viceroy elected by the Parliament and Nobles till he came to 14 yeeres of age; and after that by a Gardian elected by him∣selfe; that if the Kings eldest sonne dyed having issue, the issue should inherit, before the second brother, &c. After which, the King generally hated for the poysoning of Malcolme, was slaine by the practise and command of Fenella. He thus cut off Constantine surnamed the bald, sonne of Culen, pretending the new Law concer∣ning the discent of the Crowne to be unjust, obtained by force, and contrary both to the publicke liberty and safety; to wit, that an infant (commonly governed by a woman) being unable to governe, or repulse an enemy in times of danger, yea a curse of God upon a Realme, and therefore not to be endured or setled by a Law, especially in those time of warre, when they had so many enemies) should be preferred before a Kinsman of full age, fit to raigne; so ambitiously sought the Crowne and made so many friends, that he procured himselfe to be proclaimed King at Scone; which Malcolme sonne of Kenneth (for whose sake this new Law was enacted) understanding, presently raised all the Forces he could, which be∣ing conducted by his brother Kenneth, Constantine and he in the second encounter were both slaine one of another. After whose death Grame the sonne of Duffus usurping the Crowne, when he and Malcolme were ready to encounter with their Armes, this agreement was made betweene them by Forthred a Bishop, that Grame should retaine the Kingdome, and the new Law of succession be suspended during his life; and Malcolme succeede him after his death. After which Grame giving himselfe to all dissolutenesse, covetousnesse and oppression, and warring upon those Nobles and Councellors, who advised him to reforme his evill courses, with greater cruelty than any forraigne enemie, destroying both men townes, cattle, fields, and making all a common prey; hereupon they called in Malcolme out of Northumberland to assist them, who encountring Grame, on Ascention day, tooke him prisoner, being deserted of his people, wounded in the head, and then put out his eyes; who soone after dying of sorrow and his wounds; Mal∣cholme thereupon summoned a Parliament at Scone, and would not take the Crown till the Law concerning the succession made in his fathers raigne, was ratified by all their consents: against which Law Buchanan exceedingly inveighs in the beginning of his seventh Booke, as the occasion and increase of all those mischiefes both to King and Kingdome, which it was purposely made to prevent. This Malcolme, af∣ter he had raigned long victoriously with much honour, in his declining age, grow∣ing very covetous, tooke away the lands he had formerly given to his Nobles for their good service in the wars, and punished divers of the wealthiest men so

severely, that he brought many of them to death, others to extreame poverty; which injuries lost him all his love, honour, and so farre exasperated the people, that partly out of revenge, partly to prevent further oppressions and to provide for their owne securitie, corrupting his servants with money, they sent their agents into his chamber in the night, and slew him. Not to mention the murther of Kingm 1.389 Dun∣can by Machbed, who usurped his Crowne through his pusillanimity; this Mach∣bed,* 1.390 omitting no kind of libidinousnesse, cruelty, and tyrannizing over the people for 18 yeares space together, trusting to the predictions of certaine wisards, that he should neven be overcome till Bernane wood did come to Dunsinane Castle, and that he should never be slaine by any man borne of a woman. At last Mackduffe governour of Fiffe joyning himselfe to some few patriots who had escaped this Tyrants sword, met at Bernane wood, and early in the morning every man bearing a bough in his hand, the better to keepe them from discovery, tooke Dunsinane Castle by scalado: whence Machbed escaping was pursued, overtaken, and urged to fight bp Mackduffe, to whom the Tyrant replyed in scorne, that in vaine hee attempted his death, for it was his destinie never to be slaine by any man borne of a woman: Now then said Mackduffe, is thy fatall houre come, for I never was borne of a woman, but violently cut out of my mothers wombe, she dying before I was borne; which words so daunted the Tyrant, though otherwise valiant, that he was easily slaine, and Malcolme Conmer the true heire of the Crowne, seated in the Throne. King Donald being odious and cruell to his subjects, they sent for Dun∣can Malcombes bastard, who expelled him the Realme, and was created King in his steed; who proving harsh, cruell, and Imperious to his Subjects, fell into their hatred, and was beheaded in the night by Marpender Earle of Murry, corrupted with money by Donald to murther him. Donald permitting the Isles to be taken and possessed by Magnus King of Norway, and suffering his Realme to be wasted by a secret agreement; thereupon the Scots sent for Edgar Malcombes sonne, to take possession of the Crowne, who entring into Scotland with small forces, Donald being deserted by his people, betooke himselfe to flight, but being apprehended and brought backe to Edgar, he was cast into prison, and not long after dyed. King Mal∣colme the fourth, at a Parliament at Yorke parting with divers of his Crowne-lands to King Henry without his peoples consents so farre incurred their hatred, that upon his returne they beseiged him at Barwick, and almost tooke him prisoner, but by the mediation of some of his Councell, who informed the Nobles, that the King was by violence & fraud circumvented by the King of England, of the ancient patrimo∣ny of the Crowne land, they resolved to recover it by war: the Scottish Nobility af∣firming, that the king had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament. This King after some encoun∣ters making a peace with the English upon unequall termes, wherein he parted with some of his ancient territories, out of his pusilanimity, against his Nobles consent▪ hereupon he grew so odious and contemptible to them, that they were all weary of his government, and caused many to take up Armes and Rebell against him.

n 1.391 After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King; and the government of the Realme, during the Inter-regnum; where first of all they appointed fix men to rule the Realme for the present, and then heard and discussed the severall Titles pre∣tended

to the Crowne, the finall determination whereof, they referred to King Edward the first of England as to the Supreame Soveraigne Lord of the Realme: who selecting 12. Scottish, and 12. English Councellors to assist him; After full hearing, by generall consent of all, adjudged the Crown to Iohn Baylioll, husband to King Alexanders nightest Kinswoman: The Scots considering his simplicity and unaptnes to governe them, and scarce confiding in him being an Englishman, and elected by the K. of England, cōstituted them 12. Peers, after the manner of France, to wit, 4. Bishops, 4. Earles, and 4. Lords, by whose advise the King and all the affaires of the Realme, were to be governed and directed: He was taken and kept prisoner by the English.a 1.392 After the death of Robert Bruce, the Scots before their King was crowned, created a Vice-Roy to govern the Realme, who suppressed the theeues, and Robbers: Edward Bayliol sonne to Iohn Bayliol succeding Bruce, was afterwards rejected and deposed by the Scots, for adhereing too closely to the Eng∣lish & K. Edward, and David Bruce elected K. in his place. Robert the 2^d. of Scotland when a peace was propounded between France, England, and Scotland by the Pope, willingly consented thereunto, but his Nobles being against it, his assent alone was in vaine; because the King of Scotland alone, can make no firme peace nor truce, nor promise which shall bind, but by publike consent in Parliament. King Robert the 3^d. dying of griefe, for the captivity and imprisonment of his Son Iames, taken prisoner by our King Henry the 4^th. as he was going into France, the Scots hereupon appointed Robert his uncle, by common consent, for their Vice-roy, till Iames the (first of that name) right heire of the Cowne, were enlarged. Iames being freed and Crowned, summoned a Parliament, wherein an ayde was granted him to pay his ransome, with much difficulty: he had many Civill wars with his Subjects, and at last was murthered by Robert Grame and his confederats, from whom he received 28. wounds in his Chamber in the night, wherof he presently died. Iames the 2. his son, being but 7. yeares old at his death, Alexander Leviston was cho∣sen Protector, and William Crichton made Chancellor by Parliament; Which the Earle Douglas storming at, committed many insolencies in a hostile manner. After which, Alexander and his faction opposing the Chancellor, and comman∣ding that none should obey him, the Chancellor thereupon fortified Edenborough Castle, and as the King was hunting early in the morning seized upon him with a troop of Horse, & brought him to Edinburgh Castle, where he detained him from the Protector till the peace of the Kingdom, and present divisions should be set∣led: which lasting very long by reason of Earle Douglas his ambition, power, and covetousnes, who raised many grievous civill wars, he was at last stabbed to death by the King himselfe, Anno 1452. contrary to his promise of safe conduct to the Court, under the Kings and Nobles hands and seales: Wherupon his brethren and Confederats, meeting at Sterling, resolved to revenge his death, and tied the Kings and Nobles writing of safe conduct to an horses taile, which they led through the streets of Sterling, railing at the King and his Councell as they went, and when they came into the market place (where they had 500. trumpets sounding) they by an Herald, proclaimed the King and all that were with him, fedifragus, perjured, and enemis of all good men: and then spoiled and burned the Towne, Co••ntry, with all places else that were firme to the King; betweene whom and the kings party, a bloody civill warre (to the spoyle of the Countrey) continued above two yeares

space with various successe; till at last with much difficulty this fire was extinguished and the King casually slaine with the breaking of a Cannon: whose sonne James the 3. being but 7. yeeres old, was proclaimed king in the Campe, and the Queen Mother made Regent, till a Parliament might be called to settle the government; but when the Parliament assembled, upon theb 1.393 Oration of Kenneth Archbishop of Saint Andrewes shewing the Inconveniences and unfitnesse of a womans Government, they Elected 6. Regents to governe the King and Realme during his minority. After which Bodius was made Vice-roy: This king being seduced by ill Courtiers and Councellors which corrupted him, thereupon divers of the Nobles assembling to∣gether, resolved to goe to the Court, to demand these ill Councellors and seducers of the King and then to execute them; which they did accordingly, and that with such fury, that when they wanted cords to hang some of them, they made use of their horses bridles, and every one strave who should be forwardest to doe this execution. The king promising reformation, was dismissed; but in steed of refor∣ming he meditated nothing but revenge, blood and slaughter in his minde; and plotting secretly to murther the Nobles in Edenburg, by the helpe of Earle Du∣glasse; he detesting the fact and revealing the Treachery, thereupon the Nobles who formerly desired onely his reformation, tooke up Armes to destroy him, as one incorrigible and implacable; whereupon they made the Kings sonne Vice-roy, and knowing the kings perfidiousnesse, would yeeld to no termes of peace, unlesse he would resigne up his Crown to his son: which he refusing, thereupon they gave him battle and slew him, as a common enemie. After which calling a Parliament, they created his son Iames the fourth king; who comming under the power of the Duglasses, rescued himselfe at last from them: and invading England, Anno. 1542 when he proclaimed Oliver Sincleer his favorite, Generall, the Scottish Nobility tooke it in such indignation, that they threw downe their weapons and suffered themselves to be taken prisoners; whereupon the king growing sicke with griefe and anger, soone after dyed.c 1.394 Anno. 1555. Mary the Daughter of king Iames the sixth of Scotland, and heire to the Crowne, being within age, her mother Queene Mary, by common consent was made Regent, and shee by common consent and councell of the Nobles, married to Francis Dolphine of France. In the meane time there hapning some troubles and warres about the reformed Religion, which many of the Nobles and people there contented for; the Queene Mother, granting those of the Religion, a confirmation of their liberties and Religion by way of Truce for 6 moneths, she in the meane time sends for Souldiers out of France, wherewith she endeavoured to suppresse Religion, with the remaining liberty of the Scots, and to subject them to the French. Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties, by a common decree in Parliament, deprived the Queene Mother of her Regencie, make a league with our Queene Elizabeth, being of the reformed Religion, and receiving ayde both of men and money from her, besieged the Queene Mother in Edenburgh Castle, where she dyed of griefe and sicknesse. After which they expelled the French, and procured free exercise of the Reformed Religion. In the meane time Francis dying, the Queene sends for Henry Steward out of England, where he and his Father had beene Exiles; marries and proclaimes him king, Iuly 29. 1564. which done, she excluded the Nobility from her Councells, and was wholly advised by David Rit∣zius,

a Subaudian, whom she brought with her out of France, and did all things by his Councell; wherewith the Nobles being much discontented, finding him supping with the Queene in a little Chamber, commanded him to rise out of the place, which did little become him, and drawing him out of the Chamber, stab∣bed him to death, Anno. 1565. The Queene soone after was delivered of a sonne and heire, Iames the 6. and then admits Iames Hepburne Earle of Bothwell into most intimate familiarity with her, setting him over all affaires of the Realm, granting nothing to any petitioner almost but by him; and her husband Steward be∣ing dead, (whether of a naturall death or poyson is yet in controversie) she married Bothwell openly, without the Lords and Parliaments consents. Hereupon the Nobles tooke up armes against Bothwel and the Queen, besieged the Queen till she rendred her selfe prisoner, upon this condition; that she should adjure and resigne her interest in the Crowne and Kingdome to her infant sonne; which they com∣pelled her to performe, and appointed Iames Earle of Morton Vice-roy, and Pro∣tector during the Kings Minority. In the meane time the Queene was commit∣ted prisoner to the Castle of the Isle of the Lake Leuine; where corrupting Du∣glasse her keeper, the Earle of Mortons Nephew, and a shipmaster, she escaped to the Hamiltons in safety, who having raised Forces to free her, waited her comming on the shoare: But the Vice-roy scattering these forces soone after, the Queene thereupon fled into England. Anno. 1568. Where Queene Elizabeth taking her expulsion ill, laboured that she might be restored to the Crowne, which could not be effected, but by Armes; or mediation; and neither of them without knowledge of the cause. Whereupon the Queene sent for the Vice-roy and Councell of Scot∣land into England, to answere the complaints of their Queene against them; which they did in a writing, (composed by Buchanan, and afterwards Printed both in Latine and English,) wherein they shewed the grounds and order of their procee∣dings against their Queene; wherewith the Queene and Councell were satisfied, that they had proceeded rightly and orderly: yet to keepe both sides in suspence, she pronounced no definitive sentence: The Vice-roy departing into Scotland, was afterwards murthered by the Hamiltons, and Matthew Steward Earle of Le∣seux made Vice-roy in his steed. The Queene in the interim treated with Thomas Howard Duke of Northfolke, about a match with him, and to seise upon the Realm of Scotland, whereupon he was committed to the Tower, and she restrained; after which she was solemnly arraigned and condemned to death by the Parliament of England for conspiring Queene Elizabeths death, &c. and for it beheaded at Fotherringham Castle. Feb. 8. 1587. The History of which Queenes life is more at large related byg 1.395 Buchanan and others; and her imprisonment and Deposition pro∣fessedly justified as lawfull by his Treatise, De Iure Regni apud Scotos (compiled for that purpose) to which I shall referre the Reader.

What the Lords and Realm of Scotland have done within these 5. yeers last past in defence of their Religion Lawes, Liberties, by holding generall Assemblies, Parliaments, taking up armes, seising the Forts and Ammunition of the Realm, and marching into England, against the Kings consent and Proclamations, is so fresh in memory, so fully related in the Acts of Oblivion and Pacification, made in both Parliaments of England and Scotland, ratified by the King himselfe; and in particular Histories of this Subject, that I shall not spend time to recite particulars,

but will rather conclude from all the premises with the words ofr 1.396 Buchanan;

The Ancient custome of our Ancestors in punishing their Kings, suffers not our forcing of the Queene to renounce her right unto the Crowne to her sonne, to seeme a Novelty; and the moderation of the punishment, shewes it proceeded not from envie: for so many Kings punished with death, bonds, banishment by our Ancestors, voluntarily offer themselves in the ancient Monuments of Histories, that we neede no forraigne examples to confirme our owne act: For the Scottish Nation, seeing it was free from the beginning, created it selfe Kings upon this very Law, that the Empire being conferred on them by the suf∣frages of the people, if the matter required it, they might take it away againe by the same suffrages; of which law many footsteps have remained even to our age: for in the Islands which lye round about us, and in many places of the Continent, wherein the Ancient language and constitutions have conti∣nued, this very custome is yet observed in creating Governours: likewise the Ceremonies which are used in the Kings inauguration have also an expresse image of this Law; out of which it easily appeares, that a Kingdome is no∣thing else, but the mutuall stipulation betweene the people and their Kings: the same likewise may be most apparently understood out of the inoffensive te∣nor of the ancient Law, preserved from the very beginning of raigning among the Scots even unto our age; when as no man in the meane time hath at∣tempted, not onely not to abrogate this Law, but not so much as to shake it, or in any part to diminish it: Yea, whereas our Ancestors have deprived so many Kings as would bee tedious to name, of their Realme; condemned them to banishment, restrained them in prisons, and finally punished them with death, yet there was never any mention made of abating the rigor of the Law; neither perchance undeservedly, since it is not of that kinde of Lawes which are obnoxious to the changes of times, but of those ingraven in the mindes of men in the first originall of mankinde, and ap∣proved by the mutuall consent well-nigh of all Nations, which continue un∣broken and sempiternall together with the Nature of things, and being sub∣ject to the commands of no man; domineere and rule over all men. This law (which in every action offers it selfe to our eyes and mindes, and dwels in our brests will we, nill we) our Ancestors following, were alwayes ar∣med against violence, and suppressed the unrulinesse of Tyrants. Neither is this Law proper onely to the Scots, but common to all well-ordered Nations and People: as the Athenians, Lacaedemonians, Romanes, Venetians, Germanes, Danes: which he there manifests by examples.

So that I may hence infallibly determine, the Realme, Parliament, and Nobles of Scotland, collectively considered, to be the Soveraigne power in that Realme, superiour to the Kings themselves: from whom I shall proceede to Scripture Presidents, in the Kings and Kingdomes of the Gentiles, Israel, and Iudah, recorded in Scripture.

The Kings of the Gentiles, Israel, and Iudah.

Now least any should object, that all the forecited Examples and Authorities are but humane, and no convincing evidences to satisfie the Conscience, That whole Kingdoms, States, and Parliaments are above their kings, and of greater power then they, I shall therefore (to close up this Posterne Gate of Evasion) conclude with Scripture Presidents, ratifying this truth beyond all contradiction. To begin with Heathen kings and States therein recorded. I read in the 1 Sam. 29. and 1 Chro. 12. 19. That when David with his men offered to go with Achish and the Philistines against King Saul (his Soveraign) and the Israelites to Battell, and passed on in there reward with Achish; the Princes of the Philistines seeing it, said, What do these Hebrews here? To whom Achish answered, Is not this David the servant of Saul King of Israel, which hath been with me these years, and I have found no fault in him since he fell unto me un∣to this day? Hereupon the Princes of the Philistines were wroth with him, and taking advice together, said to their King Achish, Make this fellow returne that he may goe again to his place which thou hast appointed him, and let him not go down with us to Battell, lest in the Battell he be an adversary to us; for wherewith should he reconcile himself to his Master? should it not be with the Heads of these men? Is not this David, of whom they sang one to another in dances, saying, Saul slew his thousands, and David his ten thousands? Then Achish called David, and said unto him, Surely as the ••ord liveth, thou hast been upright, and thy going out and coming in with me in the Host is right in my sight, for I have not found evill in thee since the day of thy coming; never∣thelesse the Lords favour thee not; wherefore now return and go in peace, that thou dis∣please not the Lords of the Philistines,. And when David replied, What have I done, &c. that I may not fight against the Enemies of my Lord the King? Achish answered him, I know thou art good in my fight as an Angell of God, notwithstanding the Princes of the Philistines have said, HE SHALL NOT GOE VP WITH VS TO BATTELL; wherefore rise up early in the morning with thy Masters servants that are come with thee, and assoon as ye have light, depart; whereupon they returned. Here we see the Lords of the Philistines did peremptorily overrule their king against his will, who durst not contradict them; therefore they had a Power superiour to his: as will further appear by 1 Sam. 5. 7, 8, 9, 10, 11. and ch. 6. 1, to 13. where when the Ark of God was taken by the Philistines, the Lords and People of the Philistines (not the King) met, consulted, and ordered, how it should be removed from place to place, and at last sent it back again. So Ahasuerus the great Persian Monarch, was advised, over-ruled by his Councell of State, as appeareth by the case of Queen Vashti, Ester 1. and what his Princes thought meet to be done, that he decreed and proclaimed, verse 19, 20, 21, 22. So Artaxerxes king of Persia did all things of moment, by the advise of his Counsellors and Princes, Ezra 7. 28. and Chap. 8. 25. Great Nabuchadnezzar King of Babylon, (Dan 3. 2, 3. 24. chap. 4. 32, to 36.) was for his pride driven from men, put to eat grasse with Oxen for aspace, till he knew that the most High ruleth in the King∣doms of men. After which his understanding and reason returned to him, and the glo∣ry of his Kingdom, and his Councellors and Lords sought unto him, and established him in his Kingdom, he being over-ruled and counselled afterwards by them. So Daniel 6. Darius King of the Medes and Persians, was over-ruled by his Lords and Princes, even against his will, to Signe a Decree, and to cast Da••iel into the Lyons Den for breach of it; and though the King were sore displeased with himself for Sign∣ing this Decree, and set his heart on Daniel, and laboured till the going down of the Sun

to deliver him; yet the Princes assembling and telling the King,a 1.397 Know O King, that the Law of the Medes and Persians is, that no Decree nor Statute which the King establisheth, (by the advice of his Nobles) may be changed, (to wit, by the king alone, without their advise: a clear evidence, that the greatest Persian Monarchs were subject to the Laws of their Kingdoms, as well as other Princes;) Whereupon the King commanded, and they brought Daniel and cast him into the Den of Lyons, and a stone was brought and laid upon the mouth of the Den, and the King Sealed it with his own Signet, and with the Signet of the Lords, THAT THE PVR∣POSE MIGHT NOT BE CHANGED concerning Daniel. Here this great king was even against his will constrained to be subject both to his Laws and Lords The like we read of Pharaoh king of Egypt, Exod. 1. 8, 9, 10, 11. who consulted with his people how to oppresse the Israelites, as being unable to do it without their consents And Exod. 10. Pharaohs Councellors and Lords, (after sundry Plagues on the Land) said unto him, How long shall this man (Moses) be a snare unto us? Let the men go that they may serve the Lord their God; Knowest thou not that Egypt is destroyed? Whereupon Moses and Aaron were brought before Pharaoh, who said unto them, Go serve the Lord your God. And Esay 19. 11. to 16. Surely the Princes of Zoan are fool•• the counsell of the wise Counsellors of Pharaoh is become brutish: They have also seduced Egypt, even they that are the stay of the Tribes thereof. They then had an overruling power above their kings. So the great King of Nineveh, Ionah 3. 7, 8, 9. proclaimed and published a generall fast thorowout the City, by the Decree of the King, and of his great men, making no publike Laws, but by their advice and assents. In like manner we read in the 2 Sam. 5. 3, 4, 5. That the Princes of Hanun King of the Ammonites co••selled and overruled him (out of overmuch suspition) to abuse Davids messengers sent to him in love. And in the 1 Kings 22. 47. There was then no King in Edom, a Deputy was King; the kingdom appointing a Deputy then to rule them in stead of a king, and giving him royall authority: And in the 2 Kings 8. 22. 2 Chron. 21. 8. In the dayes of Ioram, Edom revolted from under the hand of Iudah (which had conquered it) and MADE A KING OVER THEMSELVES: and though Ioram smote the Edomites, who encompassed him, yet they revolted from under the hand of Iudah till this day: The electing and constituting of a king being in their own power. See Gen. 23. 3. to 20. and c. 34. 20. to 25. to like purpose.

These being all Pagan Kings and States, I come to the Israelites themselves; wherein for my more orderly proceeding, and refutation of the many grosse erronious Assertions of * Court Doctors and Royallists touching the estate and Soveraignty of their Kings, whom they would make the world beleeve to be absolute Monarchs, sub∣ject to no Laws, to derive all their royall authority from God alone, and no wayes from the people; to be meerly hereditary and elective, to be above all their people, irresistible in their Tyrannicall wicked proceedings, and no wayes subject to their Realms and Congregations overruling controll, much lesse to their defensive oppositi∣tion or deprivation; I shall digest the whole History of their Kings and Kingdoms Iurisdictions and power into these ensuing propositions, which I shall clearly make good out of Scripture, as I propound them in their order.

First, That the originall Creation and Institution of the Israelites Kings and King∣doms proceeded onely from the power and authority of the people, and that solely by Di∣vine permission, rather then institution: This is most apparent by Deuter. 11. 14, 15.

When thou art come unto the land which the Lord thy God giveth thee, and shalt pos∣sesse it and dwell therein, and shalt say, I WILL SET A KING OVER ME, like as ALL THE NATIONS THAT ARE ABOVT ME; THOƲ SHALT in any wise SET HIM KING OƲER THEE, whom the Lord thy God shall chuse; one from among thy brethren SHALT THOV SET OVER THEE, THOV MAIST NOT SET A STRANGER OVER THEE, which is not thy Brother. Where God himself by way of* 1.398 prophesie of what afterwards should come to passe, expresly declares, first, that the primary motion of changing the govern∣ment of the Iews from Iudges and an Aristocracy into a Kingdom, should proceed from the peoples inclination, as the words, and shalt say, I will set a King over me, &c. import. Secondly, that the authority to change the Government into a Regality, to creat and make a King, resided in, and the authority of the King proceeded meerly from the people, as the words, I will set a King over me, Thou shalt set him over thee; (four times recited in two Verses;) manifest beyond dispute. Thirdly, that all Na∣tions about them who had Kings, had the like power to create and make their kings, as the words, Like as all the Nations that are about me, witnesse. All which is evi∣••ently confirmed by Iosephus, Antiqu. Iudaeorum, l. 4. c. 8. by Carolus Sigonius de Repub. Hebraeorum, l. 7. c. 3. Bertram, Cunaeus,* 1.399 Schikardus, and* 1.400 divers Commenta∣tors on this Text: The History of the change of their State into a Kingdom, and of their Iudges into kings, added to this Prophesie and precept, will leave no place for any scruple. We read in the 1 Sam. 8. that the people growing weary of Samuels go∣vernment who judged them, by reason of the ill government of his sonnes, who tooke Bribes, and perverted judgement; thereupon ALL THE ELDERS OF ISRAEL GATHERED THEMSELVES TOGETHER, and came to Samuel unto Ramah, and said unto him, Behold, thou art old, and thy sons walk not in thy wayes, now MAKE VS A KING TO IVDGE VS LIKE ALL THE NATIONS: But the thing displeased Samuel, when they said, Give us a King to judge us; and Samuel pray∣ed unto the Lord; And the Lord said unto Samuel, HEARKEN VNTO THE VOYCE OF THE PEOPLE IN ALL THAT THEY SAY VNTO THEE; for they have not rejected thee, but they have rejected me that I should not reign over them; According to all the works that they have done since the day that I brought them out of Egypt, even unto this day; wherewith they have forsaken me, and served other gods, so do they also unto thee: Now therefore hearken to their voyce; howbeit, yet protest solemnly unto them, and shew them the manner of the King that shall reign over them. And Samuel told all the words of the Lord unto the people that asked of him a King; and he said, This will be (not ought to be) the manner of the King that shall reign over you, he will take your sons, and appoint them for himself, &c. and ye shall be his servants: and ye shall crie out in that day because of YOVR KING WHICH YE SHALL HAVE CHOSEN YOV, and the Lord will not hear you in that day. Neverthelesse, the people refused to obey the voyce of Samuel, and they said, Nay, BVT WE WILL HAVE A KING OƲER ƲS, that we also may be like all the Nations, and that our King may judge us, and go out before us, and fight our battels. And Samuel heard all the words of the people, and rehearsed them in the ears of the Lord: And the Lord said unto Samuel, Hearken unto their voyce, and make them a King. After which, when God had appointed Saul to be their King,b 1.401 Sa∣muel called the people together unto the Lord in Mizpeh, and recapitulating the great 〈1 page duplicate〉〈1 page duplicate〉

〈1 page duplicate〉〈1 page duplicate〉

deliverances God had done for them, added, And ye have this day rejected your God, who himself saved you out of all your adversities and tribulations, and ye have said un∣to him, Nay, BVT SET A KING OVER ƲS, &c. And Samuel said unto all the people, See ye him whom the Lord hath chosen, that there is none like him among all the people? And all the people shouted and said, God save the King. After which he c 1.402 expostulated again with them thus, And when ye saw that Nahash King of the Children of Ammon came against you, ye said unto me, Nay, BVT A KING SHALL REIGN OVER VS, when the Lord was your King; Now therefore behold the KING WHOM YE HAVE CHOSEN, AND WHOM YE HAVE DESIRED, &c. that ye may perceive and see that your WICKEDNESSE is great which ye have done in the sight of the Lord, IN ASKING YOV A KING. And all the people said unto Sa∣muel, Pray for thy servants unto the Lord thy God that we die not, for we have added un∣to all our sins this evill, TO ASK A KING. Which compared, with Hos. 13. 10, 11. I will be thy King, where is any other that may save thee in all thy Cities? and thy Iudges of whom thou saidst, GIVE ME A KING AND PRINCES? I gave thee a King in mine anger, and tooke him away in my wrath: with Acts 13. 21. And af∣terward THEY DESIRED A KING, and God gave them Saul the son of Cis, by the space of forty years. All these concurring sacred Texts will infallibly demonstrate, that this change of the Iudges into Kings, and the originall creation of their Kings and kingdoms proceeded only from the importunity and authority of the people, who would not be gainsaid herein, not from Gods institution, or Samuels approbation, who censured and disavowed this their motion, though they at last condescended to it; all which is elegantly related, confirmed by Iosephus, Antiqu. Iudaeorum, l. 6. c. 4, 5, 6, 7. By all this it is apparent, that the congregation and people of the Iews had the Soveraign power in themselves, as well as other Nations, because the authoritie to al∣ter the whole frame of their former Aristocraticall Government into a Monarchy, resided in them, though they were taxed forchanging it in Samuels dayes, who had so justly, so uprightly judged them.

[ 2] Secondly, it is apparent, that the Iudges and kings of the Israelites were not pro∣perly hereditary, but oft elective by the people: and though God did sometimes immedi∣ately nominate the persons of those that should reign over them, as is apparent by Saul, David, Ieroboam, Iohn, others; yet the people did constantly confirm, make them kings, and gave them their royall authority, none being made kings by Divine appointment, but such as they willingly accepted, approved, confirmed for their kings; Gods previous designation being but a preparative to their voluntary free (not restrained or limited) election. The first king among the Israelites (though but over part of them) was Abi∣melech the son of Ierubbaal, who was made king by the peoples election, Iudges, 9. 1, to 7. who having perswaded those of Sechem to elect him for their king, thereupon ALL THE MEN of Sechem gathered together, and ALL THE HOVSE of Millo went and MADE ABIMELECH KING: whence Iotham thus upbraided them and him, Verse 14. to 19: Then said all the trees unto the Bramble, come thou and reign over us: And the Bramble said unto the trees, If in truth ye annoint me king over you, then come and put your trust in my shadow, &c. Now therefore if ye have done truly and sincerely in that YE HAVE MADE Abimelech KING, &c And that ye have ri∣sen up against my fathers house this day, and have MADE Abimelech king, &c. We read Iudg. 8. 21, 23. that after Gideon had slain Zebah and Zalmunna, with the Midianites,

The men of Israel said unto Gideon, Rule thou over us, both thou and thy sons, and thy sons son also, for thou hast delivered us from the hand of Midiar. And Gideon said unto them, I will not rule over you, neither shall my son rule over you, the Lord shall rule over you. Where we clearly see, the power and right to elect a Ruler, and to limit the government to him and his Issue, for three Generations only, to reside in the peoples free election. So Iudges 10. 17, 18. and Chap. 11. 1. to 12. When the Children of Ammon were gathered together and encamped against Gilead, the people and Princes of Gilead said one to another, What man is he that will begin to fight against the chil∣dren of Ammon, he shall be Head over all the Inhabitants of Gilead. And the Elders of Gilead went to fetch Iephthah out of the Land of Tob, and said unto him, Come and be our Captain that we may fight with the Children of Ammon, and be our Head over all the inhabitants of Gilead: Vpon promise of which dignitie, he went with them to Gi∣lead; and THE PEOPLE MADE HIM HEAD AND CAPTAIN OVER THEM. That the election and making of their Kings belonged of right to all the people, is past dispute, being so resolved by God himself, Deuter. 17. 14, 15. When thou art come into the land, &c. and shalt say, I WILL SET A KING OVER ME, like as all the Nations that are about me, THOV shalt in any wise SET HIM KING OVER THEE whom the Lord thy God shall choose; one from among thy Brethren shalt THOV SET OVER THEE, THOV MAIST NOT SET A STRANGER OVER THEE: Where the power of creating and electing the King, is left wholly to the peoples free choice, with these generall restrictions, that he should be one of their brethren, not a stranger, and particularly qualified as is there expressed. And though God did some∣time design and nominate their Kings, yet he left the power of approbation and rati∣fication of them free to the people, as is apparent by 1 Sa. 8. 18. And ye shall crie in that day, because of the King WHICH YE SHALL HAVE CHOSEN you. Hence Saul their first King, though nominated and designed by God and Samuel, was yet approved, confirmed and made King by the People. Who shouted and said, God save the King, when Samuel presented him to them; 1 Sam. 10. 24.d 1.403 But the children of Belial despising and bringing him no presents, Verse 27. after Saul had conquered the Ammo∣nites, who besieged Iabesh Gilead; The people said unto Samuel, who is he that said, Shall Saul Reign over us? bring the men that we may put them to death. Then Saul said, There shall not a man be put to death this day; for this day the Lord hath wrought salvation in Israel. Then said Samuel to the people, Come let us go to Gilgal, and renew the Kingdom there. And ALL THE PEOPLE went to Gilgal, and there THEY MADE SAVL KING before the Lord in Gilgal: Where Samuel useth this speech to the people, concerning Saul,e 1.404 Now therefore behold THE KING WHOM YE HAVE CHOSEN, and whom Ye have desired, the Lord hath set a King over you: (So that the choice and election of him, was as well theirs as Gods:) And Verse 25. he calls him Your King, because chosen and made by, as well as for the people.

Saul being slain by his owne hands, the Crown descended not to his sonne by way of descent, but David succeeded him by Gods designation, and the Peoples election too; by whose authority he was made and crowned king, being formerly* 1.405 annointed by Samuel to succeed Saul. This is irre••ragable by the 2 Sam. 2. 4. Where David going up to Hebron by Gods direction, the men of Iudah came, and there They An∣nointed David King over the House of Iudah. After which 2 Samuel. 5. 1.

105. ALL THE TRIBES OF ISRAEL came to David to Hebron, and spake saying, Behold we are thy bone and thy flesh. Also in time past, when Saul was King over us, thou wast he that leddest out and broughtest in Israel; And the Lord said to thee: Thou shalt feed my people Israel, and thou shalt be a Captain over Israel. So AL THE ELDERS of Israel came to the King at Hebron, and King David made a League (or Covenant) with them before the Lord; and THEY ANNOINTED DAVID KING OVER ISRAEL. And in the 1 Chron. 12. 23. to 40. Wee have a particular recitall of the numbers of the bands that were ready armed to the Warre, and came to David to Hebron to TƲRN the Kingdome of Saul TO HIM; and came with a perfect heart to Hebron TO MAKE DAVID KING OVER ALL ISRAEL; and ALL THE REST also of Israel were OF ONE HEART TO MAKE DAVID KING: Whose title to the Crown being af∣terward shaken by his sonne Absalom, who cunningly usurped it, (and that by the election of the people too; as is evident by Hushai his speech unto him, 2 Sam. 16. 18. Nay, but whom the Lord, and THIS PEOPLE, AND ALL THE MEN OF ISRAEL CHOOSE, his will I be, and with him I will abide, compared with 2. Sam. 29. 9, 10. And all THE PEOPLE were at strife thorow all the Tribes of Israel, saying; Absalom whom WE ANOINTED OVER ƲS is dead, &c. A cleare evidence the kingdome was then held elective, and that the people had the Soveraign power of electing and creating their kings;)f 1.406 all the people throughout all the Tribes of Israel and the men of Iudah, to re-establish David in his Throne, be∣ing fled out of the Land, sent this Message to him; Returne thou and all thy servants: Whereupon the King returned, and all the Tribes went as farre as Iordan to meet and bring him back again to Gilgal.

David growing old, his song 1.407 Adonijah, against his consent, accompanied with some great Officers and Courtiers of his party, usurped the Crown, and was by them saluted King; but David hearing of it, by Gods election and choise, commanded Solomon (though not his eldest sonne) to be annointed and proclaimed King, and to sit upon his Throne in his life time: As soon as he was anointed and the Trumpet blew; ALL THE PEOPLE said,h 1.408 God save king Solomon. And ALL THE PEOPLE came up after him, and piped with fluits, and rejoyced with great joy, so that the earth rent with the sound of them; So that all Adonijah his company forthwith deserted him, and he and Ioab were glad to flee to the hornes of the Altar for shelter. After which, David assembled all the Princes of Israel, the Princes of the Tribes, the Cap∣taines of Companies, thousands and hundreds, the Stewards, Officers, and mighty men, with all the valiant men of his kingdome, to Ierusalem; then he declared to all the Con∣gregation, i 1.409 that God had chosen Solomon to sit upon the Throne of the kingdome of the Lord over Israel, and to build him an house, &c. exhorting them to contribute liberally towards this building, which they did; and when they had blessed the Lord, and offered Sacrifices to him ALL THE CONGREGATION MADE Solomon the sonne of David KING THE SECOND TIME, AND ANOINTED HIM unto the Lord,k 1.410 TO BE THE CHIEFE GOVERNOVR (his first Coronation being but private without the presence and consent of the whole Realme, but of those only then present in Ierusalem:) Then Solomon sate on the Throne of the Lord, as king, instead of David his Father, and ALL ISRAEL OBEYED HIM; and all the Princes, and mighty men, and likewise all the sonnes of David submitted themselves to

him as th••••r king: after he was thus generally elected and crowned king the 2. time by all the Congregation. And after Davids death, he wasl 1.411 established and streng∣thened in his kingdome by the peoples voluntary admission and free submission to him. From which History of Solomon it is cleare. 1. That though David caused Solo∣mon to be first crowned King privately to prevent Adonijah his usurpation; yet hee thought that title not sufficient without a second Election, admission, and Corona∣tion of him by all the People and generall Congregation. 2. That till this his second inauguration by all the people, he was not generally acknowledged, nor obeyed by all as their lawfull king. 3. That Gods and Davids designation of Solomon to the Crown, did not take away the peoples liberty, right and power, freely to nominate, make, and choose their kings; their preuious designation being thus accompa∣nied with this tacit condition, that the people likewise should freely elect, constitute, and crown him for their king, else what need of this their subsequent concurrent ac∣ceptance and second coronation of him for their king, by all the congregation, if their consents and suffrages were not necessary? or how could he have raigned over them as their lawfull king, had not the people generally chosen, accepted, admitted him for their Soveraigne?

Solomon deceasing,m 1.412 Rehoboam his eldest sonne went up to Sechem: (what to doe? not to claime the crown by discent from his Father, but by election from the people, as the following History manifests;) FOR ALL ISRAEL were come to Sechem TO MAKE HIM KING: if to make him king, then he was no king be∣fore they had made him, as many Divines most sottishly averre against the very letter of the Textn 1.413 and Iosephus; (who writes, That it pleased the Assembly of the Israe∣lites there held, that HEE SHOULD RECEIVE THE KINGDOM BY THE PEOPLES CONSENT.) And Ieroboam and ALL THE CONGREGATION OF ISRAEL came and spake unto Rehoboam, saying, Thy Father made our yoake grievous: now therefore make thou the grievous service of thy Father, and his heavy yoake which he put upon us lighter, AND WE WILL SERVE THEE: (because naturally subjects delight in mild Kings, who will somwhat descend from their altitudes, saithn 1.414 Iosephus.) This was the condition they propounded to him before they would accept him for their king, and upon this condition only would they admit him to reigne over them; therefore doubtlesse the disposall of the Crown and limi∣tation of the kings royall power resided in all the congregation, who had authority to prescribe their kings what equall and just conditions they pleased. And he said unto them, depart yet for three dayes, then come again to me; and the people departed. Hereupon Rehoboam consulted with the old men that stood before Solomon his Father, while he lived, and said, how doe you advise that I may answer this people? And they spake unto him, saying; If thou wilt be A SERVANT unto this people this day, and wilt SERVE THEM and answer them, and speak good words to them THEN THEY WILL BE THY SERVANTS FOR EVER; But he forsooke the Counsell of the old men, which they had given him, and consulted with the young men that were grown up with him, and which stood before him, and following their ill advise: when Ie∣roboam and all the People came to Rehoboam the third day, as he had appointed; the King answered the people roughly; and forsaking the old mens Counsell, he spake unto them after the Counsell of the young men, saying; My Father made your yoake heavy, and I will adde to your yoake; my Father chastised you with whips, but I will chastise

you with scorpions. Wherefore the King HEARKNED NOT UNTO THE PEOPLE, for the cause was from the Lord, &c. SO WHEN ALL ISRAEL SAW THAT THE KING HEARKNED NOT VNTO THEME the People answered the King (through indignation with one voyce, writes Iosephus, saying; What portion have we in David; NEITHER HAVE WEE INHERITANC) IN THE SONNE OF IESSE, (that is, we have not intailed our Subjection nor the inheritance of this our Realme to David and his seed for ever, but are still free to elect what King we please;) to thy Tents O Israel. Now see to thine House, David: so Israel departed to their Tent. But as for the children of Israel which dwelt in the Cities of Judah. Rehoboam reigned over them: (the Tribes of Iudah and Beniamin CHOOSING HIM THEIR KING BY THEIR COMMON SVFFRAGES, writes Iosephus.) Then King Rehoboam sent Adoram who was over the Tribute (to excuse saith Iosephus, the petulancy of his young tongue, and to appease the mindes of the enraged vulgar:) And all Israel stoned him with stones that he dyed: therefore King Rehoboam (imagining truly, that himselfe was stoned in his servant, and fearing lest the once conceived hatred should be poured out on his own head, tremblingly getting up into his chariot, as hastily as he could) made speed to flee to Ierusalem.p 1.415 So Israel fell away from the house of David unto this day. And it came to passe when ALL ISRAEL heard that Ieroboam was come again, that they sent and called him unto the Congregation, AND MADE HIM KING OVER ALL ISRAEL, &c. (it being so preordained by God, 1 King. 12. 26. to 41.) Loe here the whole Con∣gregation, or Parliament of Israel, if I may so stile it, had full and free power to re∣iect Rehoboam from the Crown, for refusing to subscribe to their conditions; to elect Ieroboam for their lawfull King, and erect a new Kingdome of their owne, divided ever after from that of Iudah: which action I shall prove anon to be lawfull, warran∣ted by Gods owne divine authority, and no sinne, nor rebellion at all in the People; who never admitted Rehoboam for, or submitted to him as their lawfull Soveraigne. So Iehu having slain King Ioram, Ahabs eldest sonne, sent a Letter to Samaria where his other 70. sonnes were brought up, to the Rulers and Elders there, wishing them to look out THE BEST AND MEETEST of their Masters sonnes, and set him on his Fathers throne, and fight for their Masters house: But they being exceedingly a∣fraid, said; two Kings could not stand before him, how then shall w•• stand? and sent word to Iehu, We are thy servants, and will doe all that thou shalt bid us; WE WILL NOT MAKE ANY KING. A clear evidence that the kingdom was then elective, and that they had power to choose the meetest man (not eldest brother) for their king.

After this,q 1.416 Zimri slaying Baasha king of usrael, and usurping the Crown, the people then encamped about Gibbethon hearing of it, that Zimri had conspired and also slain the King; Wherefore ALL ISRAEL MADE OMRI Captain of the Host king over Israel that day in the Campe, who burnt Zimri in his Palace: then were the People divided into two parts: halfe of the People followed Tibni to make him king, and halfe followed Omri: But the people that followed Omri prevailed against the people that followed Tibni; so Tibni dyed, and Omri Reigned, being made king onely by the peoples free election, without any divine designation. Sor 1.417 Ioash the sonne of Ahaziah, when Athaliah had usurped the Crowne and kingdome of Iudah neer seven yeers space, was MADE KING, anointed and crowned by Iehoiadah the High Priest, the Captaines of hundreds, and ALL THE PEOPLE OF THE LAND,

(who rejoyced at it) when he was but 7. yeeres old, and Athaliah was apprehended, deposed, and murthered by them as an Vsurpresse.

s 1.418 So Amaziah King of Iudah being slain by a Conspiracie at Lachish ALL THE PEOPLE OF IVDAH tooke Ʋzziah who was but 16. yeers old, and MADE HIM KING instead of his Father.t 1.419 Ʋzziah king of Iudah being smitten with Leprosie unto the day of his death, dwelt in a severall house, Iotham his son (in the mean time by common consent) was over this house, judging the people of the Land:v 1.420 Ammon king of Iudah being slain by his own servants, the people of the Land slew all them that had conspired against Ammon: And THE PEOPLE OF THE LAND MADE Iosiah his sonne King in his stead. And afterx 1.421 Iosiah his death, the PEO∣PLE OF THE LAND took Iehoabaz the sonne of Iosiah and MADE HIM KING in his Fathers stead in Ierusalem. From all which sacred Texts and Presi∣dents; as likewise from Hosea 8. 4. THEY HAVE SET VP KINGS, But not by mee; THEY HAVE MADE PRINCES, and I knew it not; it is most apparant, that the kings of Israel and Iudah, were usually elected by, and derived their Royall autho∣rity from the people, who made them kings, and received not their kingdomes and Crowns immediatly from God himself by a divine right: which may be further con∣med by the 1. Macab. 9. 28. 29. 30. After the death of Iudas Maccabeus; all Iudas his friends came unto Ionathan his brother, and said unto him, since thy brother Iudas dyed, we have none like to him to goe forth against our enemies: Now therefore WEE HAVE CHOSEN THEE this day TO BE OƲR PRINCE and Captain in his stead, that thou maist fight our battells. Ʋpon this Ionathan took the Government on him at that time. After Ionathans death, the People said unto Simon his brother with a lowd voyce, 1 Mac. 13. 8. 9. Thou shalt be our Leader instead of Iudas, and Io∣nathan thy brother; fight thou our battels, and whatsoever thou commandest us, wee will doe. And the Iewes and Priests were well pleased that Simon should be their Go∣vernour, Captain, and High Priest; and Simon accepted thereof, 1 Mac. 14. 41. to 49 Hence Carolus Sigonius de Repub. Hebraeorum, l. 7. c. 3. writes, That the kings of the Israelites were created by the Suffrages of the People; that the Kingdome of Israel was translated to divers Families for their idolatry; that although the kingdome of Iudah were in some sort hereditary, yet it was confirmed by the Suffrages of the People (which he proves by the example of Rehoboam and others) and that they obtained the Royall dignity not onely by inheritance, but likewise by the Suffrages of the People, as every one may clearly know, who shall but consider the Histories of their kings; Which plainly refutes the wild, impudent, false assertion of the Author of An Ap∣peale to thy Conscience, newly published, p. 13. where thus he writes: Observable it is, that thorowout the whole Scriptures we read not of Any King (I doubt hee never read the Scriptures, else he could not be so grossely mistaken) THAT WAS CHOSEN BY THE VOYCE OF THE PEOPLE: Nor of an Aristocracy, that is, where the Nobles govern, nor of a Democracy, that is where the people go∣vern. And therefore let them consider how they can answer it at the last day, who shall endeavour to change an hereditary kingdome into an elective, or any other forme of Go∣vernment whatsoever: that the people doe properly and absolutely make a king is false, &c. But had this illiterate ignoramus seriously perused the precedent or sub∣sequent Texts here cited, with the best Commentators on them, or read over advisedly, Iosh. 22. Iudges 17. 6. c. 18. 1. c. 19. 1. c. 21. throughout; with the

Books of Ezra, Nehemiah, Judges, Esther, Maccabees, the four Euangelists touching Christs arraignment and death, Acts 4. 5. 22. 23. 24. and 25 chapters or consulted with Josephus, Philo, Paul Eber, Godwin, Cunaeus, Sigonius, Bertrā, or any others who have written of the Jewish Antiquities of Republike, he could not have had the impuden∣cy to have published such grosse untruths, and should have found not onely divers kings in Scripture created by the voyce of the people, but an hereditary kingdom oft changed into an elective, yea into an Aristocraticall and no Royall government; and an Aristocracie and Democracy to, even among the Jews themselves, whose govern∣ment before their kings: was meerly Aristocraticall, as Iosephus Antiqu. Jud. l. 4. c. 8. Carolus Sigonius de Repub. Hebr. l. 1. c. 5. Cunaeus, Schickardus, Bertram, Paul Eber, and all* 1.422 others that I have seen, except this Animal irrationale risibile, punctually determine, they having no kings of their own before Saul, nor any after Zedekiah. Therefore I shall spend no more waste paper to refute this palpable errour, so confi∣dently asserted by parisiticall Court Doctors, who make no conscience of writing any, though the grossest untruths, which may advance the absolute Soveraign Arbitrary tyrannicall government of kings, to oppresse and inslave the people.

Thirdly,* 1.423 that the Kings of Iudah and Israel were* 1.424 no absolute Soveraign Princes, but took their Crown with and upon such Divine conditions, for breach whereof they and their posterities were oft times by Gods command, just judgement, and speeiall ap∣probation deposed, disinherited, destroyed, and the Crown translated to other families.

This is evident by direct Scriptures, Deuter. ••7. 14. to the end. Thou shalt in any wise set him King over thee whom the Lord thy God shalt chuse; one from among thy Brethren shalt thou set King over thee; thou maist not set a stranger over thee, which is not thy Brother. Here is an expresse limitation and condition in respect of the per∣son of the King; the conditions in regard of his royall administration follow, which are partly Negative, partly positive, But he shall not multiplie Horses to himself, nor cause the the people to return to Egypt, &c. Neither shall he multiply wives to himself, that his heart turn not away; neither shall he greatly multiply to himself silver and gold. And it shall be when he fitteth on the throne of his Kingdome, that he shall write him a Copie of this Law in a Book, out of that which is before the Priests the Levites; and it shall be with him, and he shall read therein all the dayes of his life, that he may learn to fear the Lord his God, to keep all the words of this Law, and these Statutes to do them; That his heart be not lifted up above his brethren, and that he turn not aside from the Commandment to the right hand or to the left, to the end that he may prolong his dayes in his Kingdom, he and his children in the midst of Israel. Here all the kings of the Israelites when their kingdoms should be erected, are strictly bound by God him∣self to negative and positive conditions, upon performance whereof, they and their children should prolong their dayes in the kingdom, and perpetuate their thrones in the midst of Israel, and upon breach whereof they and their posterity should lose both their lives and kingdom to; as the last clause insinuates, and the subsequent Texts in direct terms averre. But what if the king should violate these conditions, might the people lawfully resist him?a 1.425 Iosephus in his paraphrase on this very text, which I shall cite at large, resolves they might; Truely the government of the best men (or Ari∣stocraticall government) is best; and to live in a Republike thus administred, nor is there cause why you should desire any other kinde of goverment, but it is best, that contenting yur selves with this, you continue within the power of your Laws and of your selves:

But if the desire of a king shall possesse you, let there be none unlesse he be of your stock, and blood, and one to whom justice, with other vertues, are cordiall: He whosoever he shall be, let him attribute more to the lawes and unto God, than to his own wisedome, AND LET HIM DO NOTHING WITHOUT THE HIGH PRIESTS AND SENATES AD∣VICE; neither may he nourish many wives, nor possesse very much money, and many Horses, with the plenty of which things he may easily become a contemner of the laws; and if he shall addict himself to these things more then is meet, OBSTANDVM EST, ne potentior fiat quam rebus vestris expedit, HE IS TO BE RESISTED, lest he be∣come more potent then is expedient for your affairs: So he. Yeab 1.426 Zuinglius withc 1.427 B. Bilson expresly resolve, that the people were bound to resist, question and depose their kings for their idolatry, and breach of these conditions; and that God himself justly pu∣nished them for Manasses sins and wickednesse, because they resisted and punished him not for them, as they were obliged to do; as I haved 1.428 elswhere manifested, to which I shall refer you.

This condition most clearly appears in other Texts; as in the 1 Sam. 12, 13, 14, 15, 25. Where when Saul the first king of the Israelites was crowned at their earnest importunity, against Gods and Samuels approbation, Samuel used these speeches to them, Now therefore behold the King whom ye have chosen, and whom ye have desired, &c. If ye will fear the Lord and serve him, and obey his voyce, and not rebell against the commandment of the Lord, then shall both ye and also the King that reigneth over you continue following the Lord your God. But if ye will not obey the voice of the Lord, but will rebell against the voyce of the Lord, then shall the hand of the Lord be against you, as it was against your fathers, &c. But IF ye shall do wickedly, ye shall be con∣sumed both ye and your King. After this Saul being distressed by the Philistines, weary of staying for Samuel, and presuming to offer sacrifice without him, hereupon e 1.429 Samuel said to Saul, Thou hast done foolishly, for thou hast not kept the Command∣ment of the Lord thy God, which he commanded thee, for now would the Lord have established thy kingdom upon Israel for ever; but NOW THY KINGDOM SHALL NOT CONTINVE, for the Lord hath chosen him a man after his own heart, and the Lord hath commanded him to be captain over his people, BECAVSE THOV HAST NOT KEPT THAT WHICH THE LORD COMMANDED THEE, Lo here the breach of Gods conditions by king Saul, forfeited his Kingdom, and disinherited his posterity of it. So when he performed not Gods command, in utterly destroying Amalek, sparing Agag and the best of the things; Samuel sharply reprehending him for this offence, said unto him,f 1.430 Behold, to obey is better then sacrifice, and to hearken than the fat of Rams; for Rebellion (namely, king Sauls rebellion against Gods command, not subjects rebellion against their Prince, not so much as once dreamed off in this Text as Court Doctors grosly mistake, and so miserably pervert this Scripture contrary to the sence and meaning, translating it from kings to subjects, from king rebellion against God, to subjects rebellion against men) is as the sin of Witchcraft, and stubbornnesse is as iniquity and Idolatry. BECAVSE thou hast rejected the Word of the Lord, he hath also REIECTED THEE FROM BEING KING: I will not return with thee, for thou hast rejected the word of the Lord, and the Lord HATH REIECTED THEE FROM BEING KING over Israel; the Lord HATH RENT THE KINGDOM of Israel FROM THEE this day, and hath given it to a neighbour of thine, that is better then thou. Also the strength of Israel

will not lie nor repent, for he is not as men, that he should repent; (to wit, of renting the kingdom from him) though he repented that he had made Saul king over Israel, because he turned back from following him, and performed not his Commandments, 1 Sam. 15. 11. 35. After whichg 1.431 God said to Samuel, How long wilt thou mourn for Saul, seeing I have reiected him from Reigning over Israel? Fill thine horn with Oyl, and I will send thee to Iesse the Bethlemite, for I have provided me a king among his sons; whereupon he went and annoynted David, who succeeded him in the kingdom, Sauls posterity being utterly disinherited for his recited sins.

After this when God setled the kingdom upon David and his seed after him, it was upon condition of obedience, and threatning of corrections even by men, if they trans∣gressed: h 1.432 The Lord telleth thee, that he will make thee an house; and when thy dayes be fulfilled, and thou shalt sleep with thy fathers, then I will set up thy seed after thee, which shall proceed out of thy bowels, and I will establish the Throne of his kingdom for ever; I will be his father, and he shall be my son; If he commit iniquity, I will cha∣stife him with the Rod of men, and with the Stripes of the Children of Men: (that is, I will not chasten him immediately by my self, but by men my instruments, even by Ieroboam, and his own subjects the ten Tribes, or other enemies whom I will raise up against him and his posteritie, 1 Kings 11. 9, to 41.) But my mercy shall not depart away from him, as I took it from Saul, whom I put away before thee: And thine house and thy kingdom shall be established for ever before thee: yet still upon condition of obedience, as is most apparent by Davids speech to king Solomon, 1 Chron. 28. 5, 6, 7, 8, 9. And the Lord hath chosen Solomon my son, to set him upon the throne of the kingdom of the Lord, over all Israel; And he said to me, &c. Moreover, I will establish his kingdom for ever, If he continue constant to do my Commandments, and my ••udgements, as at this day. Now therefore in the sight of all Israel, the Congregation of the Lord, and in the audience of our God, keep, and seek for all the Commandmens of the Lord your God, that ye may possosse the good land, and leave it for an inheritance for your Children after you for ever. And thou Solomon my son, know thou the Lord God of thy father, and serve him with a perfect heart, and with a willing minde; for the Lord searcheth all hearts, and understandeth all the imaginations of the thoughts, If thou seek him, he will be found of thee, but if thou forsake him, he will cast thee off for ever; notwithstanding the former Covenant and establishment, which was but con∣ditionall, not absolute, as the renting of the ten Tribes from his son, and the determi∣ning of the veryi 1.433 kingdom of Iudah it self in Zedekiah, (after which it never returned any more to Davids Line) infallibly evidence. Hence we read in the 1 Kings 11. that Solomons idolatrous wives, turning away his heart from following the Lord, and draw∣ing him to commit idolatry in his old age; hereupon the Lord grew angry with Solo∣mon; Wherefore the Lord said unto him; for as much as this is done of thee, and thou hast not kept my Covenant and my Statutes which I have commanded thee, I will surely rend the Kingdom from thee, and will give it to thy servant; Not∣withstanding in thy dayes I will not do it, for David thy fathers sake; but I will rend it out of the hand of thy son: Howbeit I will not rend away all the kingdom, but 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 gar∣ment 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 WAL∣KED 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 King∣dome 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 al∣way 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 THOƲ WILT HEARKEN ƲNTO 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 Da∣vid 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 Re∣hoboam; k 1.434 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 an∣swered the king, saying; What portion have we in David; neither have we inheri∣tance in the son of ••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 Reho∣boam 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. Be∣hold 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 So∣lomon 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 on∣ly a iust and warrantable action in respect of God himselfe, but likewise of the peo∣ple, 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 hisl 1.435 setting up 2 calves in Dan and Bethel, out of an unwar∣rantable policy to keep the people from returning to Rehoboam if they went up to Ierusa∣lem to worship; this thing became sin to the house of Ieroboam, even to cut it off and de∣stroy it from off the face of the earth, 1 King. 13. 34. For Ieroboam committing ido∣latry 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 Iero∣boam 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 ••ver Israel, who shall cut off the house of Ieroboam in that day. Neither was this an un∣excuted commination, for Ieroboam dying, andm 1.436 Nadah his sonne succeding him both in his kingdom and idolatri••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 whichn 1.437 Baasha walk∣ing 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 kins∣folks, 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. n 1.438 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,o 1.439 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, p 1.440 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,q 1.441 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, Aha∣ziah 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,r 1.442 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 ge∣neration, 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 thiss 1.443 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.t 1.444 Shallum, Pekahiah, and Pekah three wicked idolatrous kings of Israel, were by Gods just judgement, suc∣cessively slain one of another, and by Hoshea. So that all the Kings of Israel, who vio∣lated 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, be∣ing 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 Kingv 1.445 Rehoboam, afflicted by Shishak King of Aegypt, for his sinnes and idolatry, and by Ieroboam all his dayes,x 1.446 of Ahijam,y 1.447 Iehoram,z 1.448 Alaziah,a 1.449 Ioash,b 1.450 Amaziah,c 1.451 A∣haz, d 1.452 Manasseh,e 1.453 Iehoahaz, Iehoiakim, Iehoiachin, and Zed••chiah, (whose Hi∣stories, troubles, capti••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 demonstrati∣ons, 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 poste∣rities, disinherited, yea, totally cut off for ever; and in conclusion, both these most emi∣nent 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 forf 1.454 themselves for the whole Nation in generall, and every of them in particular, frequently enter into solemn Vowes and Covenants with God, to serve the Lord, to be and conttnue his people; to seek the Lord God fo their fa∣thers with all their heart, and with all their soul; that whosoever would not seek the Lord God of Israel, should be put to death, whether small or great, whether Man or Woman. (not the King or Queen excepted;) and they sware unto the Lord with a loud voice, and with shouting, and with trumpets, and with Cornets, and all rejoyced at the Oath, for they had sworn with all their hearts. Witnesse theg 1.455 Covenant made by Io∣shua and all the people, To serve the Lord; by Samuel, Saul, and all the people at Sauls Coronation, and by king Asa and all his people, To seek the Lord, &c. (who in pursuance thereof removed his mother Maacha from being Queen, because she had made an idol in a Grove, and cut down her idol, and stampt it, and burnt it at the brook Kidron, 2 Chron. 15. 16. of King David,h 1.456 Solomon, and all the people at Solomons Corona∣tion; betweeni 1.457 King Iehoash; Iehoiada and all the Congregation at his inaugu∣ration, that they should be the Lords people: in pursuance whereof all the people went to the house of Baal, and brake it down, and brake his altars and images in pieces, and slew Mattan the Priest of Baal before the altars; betweenk 1.458 Hezekiah and all his subjects and God; betweenl 1.459 Iosiah and all that were present in Ierusalem and Benjamin and Gad, who made a covenant before the Lord, to walk after the Lord, and to keep his Com∣mandments, and his Testimonies, and his Statutes, with all their heart, and with all their soul, to perform the words of the Covenant formerly written in the Book of the Covenant that was found in the house of the Lord; in execution whereof Iosiah tooke away all the abominations out of all the Countrey that pertained to the children of Is∣rael, and made all that were present in Israel to serve the Lord their God, and not to depart from following the Lord God of their Fathers all his dayes: Together with the like solemne publike Covenants made bym 1.460 Ezra,n 1.461 Nehemiah and all the People

unto God; which Covenant the Princes, Levites, Priests and all the people sealed, and entred into a Curse and into an Oath to walk in Gods Law, and to observe and doe all the Commandments, ••udgements and Statutes of the Lord, &c. And that God himself expresly commanded them,o 1.462 That if any Prophet or Dreamer of dreams, or thy Brother or son of thy Mother, or thy daughter, or the wife of thy bosom, or thy friend which is as thine own soul, should secretly intice them to commit idolatry, or serve other gods, they should neither consent nor hearken to, nor pitty, nor spare, nor conceal him, but shalt surely kill him; thy hand shall be first upon him to put him to death, and after the hand of all the people, and thou shalt stone him with stones, that he die, onely for this secret intice∣ment to idolatry: And all Israel shall hear, and fear, and do no more such wickednesse as this is. And if they should hear, that the inhabitants of any City were seduced to serve other gods, then they must diligently search and inquire after it; and if it be truth and the thing certain, that such abomination was wrought among them, then they shall surely smite the inhabitants of that City with the edge of the sword, destroying it utterly, and all that is therein, and the cattell thereof with the edge of the sword; and gather all the spoil of it into the midst of the street thereof, and burn the City with all the spoile thereof every whit for the Lord their God, and it shall be an heap for ever, and shall not be built again: In pursuance whereof thep 1.463 ten tribes and a half, assembled to warre against the Reubenites, G••dites, and half Tribe of Manasseh, for their supposed idola∣trous Altar; andq 1.464 all the children of Israel assembled together as one man, and made warre against the men of Gibeah and the Benjamites, for not punishing the grosse Rape of the Levites Concubine, destroying the City utterly, and the Tribe of Benjamin too welnigh. And upon this ground, the City ofr 1.465 Libnah revolted from under the hand of Iehoram the idolatrous King of Iudah, Because he had forsaken the Lord God of his Fathers. And as some learned men conceives 1.466 the people made a Conspiracie against King Amaziah in Ierusalem, and he fled to Lachish, but they sent after him to La∣chish and slew him there;

t 1.467 not privately but openly, as acted by publike au∣thoritie, consent, and medicated deliberation, not out of any private hatred, but for his impietie, whereby he violated the chiefest part of his Oath and Cove∣nant; whereupon we read not of any complaint, or inquisition, or proceedings, or punishment inflicted on those that slew him after his death, either by the people, or his children, as there was upon those who slew King Ammon; but being slain, they brought him back on horses, and he was buried at Ierusalem with his Fathers in the Citie of David, out of reverence to his royall dignity and family; And All the Pe••ple of Iudah took Azariah, and made him King in stead of his father Ama∣ziah; which plainly shewes, that what was formerly done by the greater part of the States at Ierusalem, was afterwards confirmed by common consent, as done up∣on a just cause, and executed by command of those who might lawfully doe it.

Whence they conclude. That the Orders or States of the People of Israel had right to chuse what King they would themselves, out of the family of David; and being elected, afterward to correct and punish him as there was cause: that they were obliged by this Covenant made to God, both to reprehend, resist, oppose, yea, depose, if not put to death their King for his open incorrigible idolatries and sins, by common consent, as their king was obliged to punish and put them to death for their idolatries and crimes, their kings being included within their Covenants; and Gods inhibition of idolatry under pain of capita•• punishments, extending to Kings, as well as others, if not more then to any, because 〈1 page duplicate〉〈1 page duplicate〉

〈1 page duplicate〉〈1 page duplicate〉

their examples were most pernicious; and they were as far forth bound by their joynt Co∣venants made to God with their Kings to hinder their Kings from, and to proceed against them for their idolatries, as their kings were to impedite and punish them for their breach of Covenant, and because God himself did punish them for their Kings idola∣tries, as is evedent by Ier. 15. 1, to 6. and the History of the Kings, and Chronicles every where, which God would not in justice have done, had not the people both just right and power to resist, hinder, censure, punish, depose their Kings by publike consent of the State and people for their idolatries and breach of Covenant, asv 1.468 Zuinglius,x 1.469 Stephanus Iunius Brutus, the author of the Treatisey 1.470 De Iure Magistratus in Subditos, with others, prove at large, andz 1.471 Master Calvin, yeaa 1.472 Bishop Bilson himself, assents to. Such a Soveraign power had the whole State and Congregation of Israel and Iu∣dah over their kings themselves, whose estates in their Crownes and Kingdoms by Gods own institution, was not absolute, but onely conditionall, and subject unto forfei∣ture, 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 para∣mount their whole Kingdoms, the generall Congregation of the people, Senate or San∣hedrin, but inferiour to them in power, and not onely counselled, but over-ruled usual∣ly 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 bre∣thren 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 en∣quired 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 Da∣vid 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, * 1.473 Thou shalt not go forth; for if we flee away, they will not care for us, nei∣ther 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 ad∣vice, to go forth and sit in the gate, and speak comfortably to the People after his mourn∣ing

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 Is∣rael 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, ligh∣ter, 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 Fa∣ther 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 Congregati∣on, and made him King over all Israel: And the Text expresly addes this memo∣rable 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 ga∣thered 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 Benha∣dad, 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 * 1.474 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 of Israel; For Hezekiah had taken counsell, and his Prin∣ces, and all the Congregation in Ierusalem, to keep the Passeover in the second moneth, for they could not keep it at that time, because the people had not sanctified themselves sufficiently; neither had the people gathered themselves together at Ierusalem; and the thing pleased the King And all the Congregation, So they established a Decrée,

to make Proclamation throughout all Israel, from Bersheba even to Dan, that they should come to keep the Passeover unto the Lord God of Israel at Ierusalem, for they had not done it of a long time, in such sort as it was written. So the Posts went with the Letters from the King and the Princes, throughout all Israel, and Iudah, &c. vers. 12. Also in Iudah the hand of God was to give them one heart to doe the Commande∣ment of the King and of the Princes, by the word of the Lord; and vers. 23. And the whole Assembly took Counsell to keep other seven dayes; and they kept other seven dayes with gladnesse;k 1.475 and All the Congregation of Iudah and Israel rejoyced: vers. 25. When all this was finished All Israel that were present, went to the Cities of Iudah and brake the images in pieces, and cut down the Groves, and threw downe the high places and the Altars out of all Iudah and Benjamin, in Ephraim also and Ma∣nasseth, untill they had utterly destroyed them all. Then all the Children of Israel, re∣turned every man to his possession into their owne City: In the 2 Chron. 32. 3. When Hezekiah saw that Senacherib was come, and that he was purposed to fight against Ierusalem; He took Councell with his Princes and his mighty men, to stop the waters of the Fountaine which were without the City, and they did help him, and there was gathered much people together, who stopped all the Fountaines, &c. Adde here∣unto that notable Text, Jer. 38. 4. to 28. Where when the Prophet Ieremy had pro∣phecied, that Ierusalem should be given into the hands of the King of Babylons Army which should take it; Therefore the Princes hereupon said unto the King; we beseech thee, let this man be put to death; for thus he weakneth the hands of the men of Warre that remain in this City, and the hands of all the people, in speaking such words unto them; for this man seeketh not the welfare of this people, but the hurt: Then Zedechiah the King said; Behold he is in your hand; For the King is not he that can doe any thing against you. And Jer. 26. 8. to 29. Now it came to passe when Ieremiah had made an end of speaking all that the Lord had commanded him to speake unto all the people, that the Priests, the Prophets, and all the people tooke him, saying; thou shalt surely dye, &c. So Ezra 10. 1. to 20. There assembled unto Ezra a very great Congre∣gation of men, &c. And they said unto Ezra, we have trespassed against our God, and have taken strange wives of the people of the land; yet now there is hope in Israel con∣cerning this thing. Now therfore let us make a Covenant with our God to put away all the strange wives, &c. and let it be don according to the Law: and All Israel said that they would doe according to this word. And they made Proclamation throughout Iudah and Ierusalem unto all the children of the Captivity, that they should gather themselves unto Ierusalem; and that whosoever would not come within 3. dayes According to the Councell of the Princes and the Elders, all his substance should be forfeited, and him∣selfe seperated from the Congregation of those that had been carryed away: Then all the men of Iudah and Benjamin gathered themselves together unto Ierusalem, within three dayes, and all the people sate in the street of the house of God trembling, ••ecause of this matter and for the great raine. And Ezra the Priest stood up and said unto them, Ye have transgressed and taken strange wives to encrease the trespasse of Israel; Now therefore make confession unto the Lord God of your fathers, and doe his pleasure, and seperate your selves from the people of the Land, and from the strange wives. Then All the Congregation answered and said with a lowd voyce; As thou hast said, so must we doe; but the people are many, and it is a time of much raine, and we are not able to stand without, neither is this a worke of one day or two; for we are many that

have transgressed in this thing: let now our rulers of all the Congregation stand, and let them which have taken strange wives in our Cities, come at appointed times, and with them the Elders of every City and the Iudges thereof, untill the fierce wrath of our God for this matter, be turned from us: And the Children of the Captivity did so. Where we see the whole Congregation determine and direct all that was done in this grand common businesse: And Esther 9. 17. to 32. the Iewes (upon Mordecaies and Esthers Letters, after the slaughter of their Enemies) Ordained and took upon them and upon their séed, and upon all such as joyned themselves unto them, so as it should not faile, that they would keep the 13. and 14. day of the month Adar, and make it a day of feasting and gladnesse, according to their writing, and according to their ap∣pointed time every yeare: And that these dayes should be kept and remembred tho∣rowout every generation, every Family, every Province, and every City, and that these dayes of Purim should not faile from among the Iewes, nor the memoriall of them pe∣rish from their seed: And the Decree of Esther confirmed those mater of Purim, As they had decreed for themselves and their séed.

From all these Texts (compared with Prov. 11. 14. c. 15. 22. c. 25. 5.) it is most apparant; that the Kings of Iudah and Israel were no absolute Soveraigne Princes paramount their whole Kingdomes, or the generall Senate and Congregation of the people, or their Sanhedrin, but inferiour to them in power; and not onely counselled but over-ruled usually by them, in all matters of publike concernment. A truth so pregnant, thatc 1.476 Bp. Bilson himself from some of these Texts confesseth, That it is a question among the learned; what Soveraignty the whole people of Israel had over their Kings; And that these Scriptures have perswaded some, and might lead Zuinglius to thinke, that the people of Israel, notwithstanding they called for a King, Yet reserved to themselves sufficient Authority to over-rule their King, in these things which séemed expedient and néedfull for the publike well••fare, else God would not punish the people for their Kings iniquity, which they must suffer and not redresse. Hence that eminent lewd 1.477 Iosephus (a man best acquainted of any, with his owne Nations Antiquities, Lawes, and the Prerogatives of their kings) resolves in direct termes; that their King, whosoever he were, ought to attribute more to the Lawes, and to God, then to his own wisdome, And to doe nothing without the advice of the High-Priest and Senate; and that if he multiplyed horses, and mony more then was fitting They might res••st him, lest he became more potent then was expedient for their affaires. Hence Petrus Cunaeus de Repub. Hebr. l. 1. c. 12. p. 101. 102. writes thus of the Sanhedrin or Parliament among the Iewes. Thus the Prophets, who grievously offen∣ded, were no where else punishable but in this Assembly; which (Quod summae po∣testatis est) as it is an Argument of The Supremest power) did both constitute the King: ac de Bello gerendo deque hostibus profligandis & de proferendo Imperio del••beraba••t. Sed quoniam haec ejusmodi erant in quibus salus omnium, & summae Reipublicae vertebatur, Consultatum de his plerumque cum po∣pulo est; indictae enim Comitiae sunt, in quibus solis populus partem aliquam caperet re∣gendae reipublicae, &c. De Rege igi••ur deque Bello, ut dixi, decreta facta interdum Populi auctore sunt. Caetera omnia Senatores Sanhedrin Per se expedivere. So that the Sanhedrin and Congregation of the people were the highest Soveraigne power, and principall determiners of publike matters concerning warre and peace, by Cunaeus his resolution: Who debating this weighty controversie,d 1.478 What the

Scepter of Iudah was (prophesied of Gen. 49. 10.) and what and whose the Majesty of the Empire was? determines thus. I suppose the Scepter to be nothing else, but the Majesty of the Empire or Government, to wit that, Quae ipsi Reipublicae assidet, which belongs to the Republike it selfe. Wherefore whose the Republike is, the Scep∣ter ought to be said theirs. Now the Hebrew Republike from Moses his time till the Kingdome of Rehoboam, was not of the Iewes (or tribe of Iudah) but of the twelve Tribes, from whence it followes, that even the Scepter for all those times was of all the Israelites. Now of this Scepter, which was long common to all the twelve Tribes, the divine Patriarke spake not in that most famous Oracle: for he looked at latter yeares, and future ages, when as the Tribe of Iudah, the people being divided into contrary parts, began to have its Republike apart from the Israelites, which God approved and loved; and would have to be called Iewish, from the Tribe of Iudah alone, untill hee (to wit Christ) should be given to the assemblies of men, to whom not onely the Empire of the Iewes, but Gentiles also was destinated. And verily this Majesty of the Scep∣ter, from the time it once began to be of the Iewes, we say continued to be theirs, although the state of the Commonweale was sometimes changed, and the soveraignty of the Em∣pire was sometimes in the Elders and High Priests, sometimes in the Kings and Prin∣ces. They doe too foolishly, who here dance in a narrow compasse, and suppose that the honour of this name appertaines not but to Kings? For what people soever, useth its owne Republike and its Lawes, Is recte Gloriari de Imperio deque sceptro potest, it may rightly boast of Its Empire and Scepter. It is recorded, that at Ierusalem even at that time, when not the Princes but the Elders governed the people, in the midst of the great Councell, which they called the Sanhedrin, there hung a Scepter, which thing verily was a certain Ensign of its Majesty; which Marcus Tullius in a particular Oration, saith, Esse magnitudinem quandam Populi, in ejus potestate ac jure retinendo, quae vertitur in imperio, atque omnis populi dignitate. Not Kings, not Princes, but Con∣suls and the Senate managed the Roman Common-wealth; whence this Law of Truce was given to the Aetolians, which Livy reports, That they should conserve The Majesty of the People of Rome without mal-engin: And the very same thing was commanded all free People, who by any league, but not equall, would come into the friendship of the Romanes, as Proculus the Lawyer witnesseth, in l. 7. F. de Captiu: & Post. reversis. Neither think we it materiall to our purpose, of what Nation or Tribe they were, who moderated and ruled the Iewish affaires; for although the Hasmonaean L••vites held their Kingdome for many yeeres, yet the Republike was of the Iewish peo∣ple. That most wise Master Seneca said to Nero Caesar, That the Republike was not the Princes, (or of the Prince) But the Prince the Republikes. Neither veri∣ly was the opinion of Vlpian the Lawyer otherwise; for he at last ••aith, that That is Treason▪ which is committed against the Roman People, or against their safe∣ty, l. 1. s. 1. F. ad Legem Iul. Majest. Now Vlpian lived in those times, when the peo∣ple had neither command nor suffrages left them, but the Emperours held the Empire and Principality; and yet he who is wont most accurately to define all things, saith, That Majesty is of the People; From all which it is apparant, that not onely in the Ro∣man Empire and other Kingdomes, but even among the Iewes themselves; the Ma∣jesty, and Soveraign Power, and Scepter resided not in the Kings, but in the whole State and People. Hence Will. Schickardus in his Ius Regium Hebraeorum, Argent. 1625. p. 7. determinesthus. The state of the Iewish Kingdome was not Monarchicall

(as our Court Doctors falsely dream) but mixt with an Aristocrcie, for the King without the assent of the Sanhedrin Could determine nothing in great causes. They constituted not a King but in it, &c. attributing the Soveraignest power to the Con∣gregation and Sanhedrin, who had power to create, elect, and in some cases to resist, and depose their Kings. Hencee 1.479 Huldericus Zuinglius writes expresly, That the Kings of the Iewes and others, when they dealt perfidiously, contrary to the Law of God and the rule of Christ, might be lawfully deposed by the People. This the example of Saul manifestly teacheth, whom God rejected, notwithstanding he had first elected him King: Yea, whiles wicked Princes and Kings were not removed, all the people were pu∣nished of God; as is evident by Ier. 15. 1. to 6. where they were punished with four judge∣ments and plagues for Manassehs sinnes. In summe, if the Iewes had not permitted their King to be so wicked without punishment, they ••ad not beene so grievously punished by God. By what means he is to be removed from his Office, is easily to conjecture; thou maist not slay him, nor raise any war or tumult to do it, but the thing is to be attempted by other means, because God hath called us in peace, 1 Cor. 7. If the King be created by common suffrages, he may again be deprived by common Votes, unlesse they will be punished with him; but if he be chosen by the election and consent of a few Princes, the people may signi∣fie to them the flagitious life of the King, and may tell them, that it is by no means to be en∣dured, that so they may remove him, who have inaugurated him. Here now is the diffi∣culty▪ for those that do this, the Tyrant will proceed against them according to his lust, and slay whom he pleaseth; but it is a glorious thing to die for justice and the truth of God; and it is better to die for the defence of justice, then afterwards to be slain with the wicked by assenting to injustice, or by dissembling, Those who cannot endure this, let them indure a lustfull and insolent Tyrant, expecting extream punishment together with him; yet the hand of the Lord is stretched out still, and threatneth a stroke: But when with the consent and suffrage of the whole, or certainly of the better part of the multitude a Tyrant is re∣moved, Deo fit auspice, it is done by God approbation. If the Children of Israel had thus deposed Manasseh, they had not been so grievously punished with him. So Zuin∣glius. Hencef 1.480 Stephanus Iunius Brutus in his Vindiciae contra Tyrannos, in answer to Machiavels Princeps (a most accursed mischievous Treatise) and justification of the Protestant defensive wars in France to preserve their Religion and Liberties, Anno 1589. determines positively, That as all the people are Superiour to the King, so are those Officers of State and Parliaments, who represent them, Superiour to Kings collectively considered, though every of them apart be inferiour to them. In the King∣dom of Israel, which by the judgement of all Polititians was best instituted, by God, there was this order, The King had not onely private Officers who looked to his family, but the Kingdom likewise had 71 Elders and Captains elected out of all the Tribes, who had the care of the Commonweale both in time of peace and war, and likewise their Magistrates in every Town, who defended their severall Cities, at the others did the whole kingdom. These when ever they were to deliberate of greatest affairs, assembled together, neither could any thing be determined without their advice, which much concerned the com∣monwealth: Thereforeg 1.481 David called these all together when he desired to in vest Solomon in the Kingdom, when he desired the policy restored by him should be exa∣mined and approved,h 1.482 when the Ark was to be reduced, &c. And because they repre∣sented all the people, all the people are then said to have assembled together. Finally, the samei 1.483 rescued Ionathan, condemned to death by Sauls sentence; from whence it appears▪

that an appeale lay from the King to the people: But from the time the Kingdome was divided, through the pride of Rehoboam, the Synedrin of Ierusalem consisting of 71 men, seems to be of that authoritie,k 1.484 that they might judge the King in their assembly, as well as the King judge them when they were apart. The Captain of the House of Iudah wasl 1.485 President over this assembly, that is, some chief man chosen out of the Tribe of Iudah, as even the chief man for the City Ierusalem, was chosen out of the Tribe of Benja∣min: This will be made more evident by examples.m 1.486 Ieremie being sent by God to denounce the overthrow of the City Ierusalem, is for this, first condemned by the Priests and Prophets, that is, by the Ecclesiasticall judgement or Senate; after this, by all the People, that is, by the ordinary Iudges of the Citie, to wit, by the Captains of thousands and hundreds; at last by the Princes of Iudah, that is, by the 71 men sitting in the new Porch of the Temple, his cause being made known, he is acquitted. Now they in that ve∣ry judgement expresly condemn King Iehoiakim, who a little before had most cruelly slain the Prophet Uriah, threatning like things. Also we readen 1.487 elsewhere, that King Zedekiah, did so much reverence the Authoritie of this Sanhedrin, that he durst not free the Prophet Jeremie, thrust by these 71 men into a filthy prison, but likewise 〈◊〉〈◊〉 da∣red to translate him into the Court of the Prison from thence; yea, when they perswaded him to consent to Jeremiah his death, he answered, that he was in their hands, and that he could not contradict them in any thing; Yea, he fearing lest they should enquire into the conference which he privately had with Ieremie, as if he were about to render an ac∣count of the things which he had spoken, forgeth a lie. Therefore in this Kingdom the States or Officers of the Kingdom were above the King; I say, in this Kingdome which was instituted and ordaintd, not by Plato or Aristotle, but by God himself, the Author of all order, and the chiefe institutor of all Monarchy: Such were the seven Magi in the Persian Empire, the Ephori in the Spartan Kingdom, and the publike Ministers in the Egyptian Kingdome, assigned and associated to the King by the People to that onely end, that He should not commit any thing against the Lawes. Thus, and much more this Author, together with Con. Superantius Vasco, who published this Treatise to all pious and faithfull Princes of the Republike, giving large Encomiums of its worth; as also the Author of the Treatise De Iure Magistratus in Subditos. p. 253, 254, 255, 256. 268, to 275. whose words for brevity I pretermit; Bp. Bilson in his forecited passages: and Hugo Grotius De Iure Belli & pacis, l. 1, c, 3. sect. 20. p. 63, 64. where he confesseth, That if the King of the Israelites offended against the Lawes written concerning the Office of a King, he was to be scourged for it; and that the Sanhe∣drin had a power above their king in some cases.

Finally,* 1.488 the Kings of Israel and Iudah were not superior to, nor exempted from the Lawes, but inferiour to and obliged by them, as well as Subjects: This is evident, not onely by the premises, but by sundry impregnable Texts, As Deut. 17. 18. 19. 20. where God himselfe in the very description of the office and duty of their King, pre∣scribes this in direct termes, as a part of his duty. And it shall be when He sitteth on the Throne of this Kingdome, that he shall write him a Copy of This Law in a Booke, out of that before the Priestic and Levites: And it shall be with Him, and He shall read there∣in All the dayes of his life, that he may learn to feare the Lord his God, To keep all the words of the Law, and these Statutes to doe them, that his heart be not lifted up above his brethren; and that He turn not aside from the Commandement, to the right hand or to the left: seconded by Iosh. 7. 8. This Booke of the Law shall not depart

out of thy mouth, but thou shalt meditate therein day and night; that thou maist ob∣serve to doe according to all that is written therein: turne not to it from the right hand, or to the left, for then thou shalt make thy way prosperous, and then thou shalt have good successe. Hence it was, that as soon as ever Saul was elected and made King by Samuel and the people, he being the first of their Kings) Samuel told the people the manner of the Kingdom, and wrote it in a Booke, and laid it up before the Lord: which Booke, contained not the exorbitances and oppressions that their Kings would exercise over them, mentioned in the 1 Sam. 8. 11. to 19. as Iosephus mistakes; but as Petrus Cunaeus andq 1.489 others more rightly observe, the Law of God concerning Kings, pre∣scribed by him, Deut. 17. 14. to the end; and such Lawes which commanded Kings to use Iustice and equity; to govern the Common-wealth well, for the peoples benefit; to abstaine from fornication and lusts; to retain modesty in a great fortune, &c. Hence Samuel enioyned both Saul and the People, to feare the Lord, and serve him, and obey his voyce, and follow him, and not rebell against his Commandement, &c. 1 Sam. 12. 14, 15. 20. to 25. Hence Kingr 1.490 David did alwayes meditate in the Law of God, day and night, accounting it more deare unto him then thousands of Gold and silver: And withall pronounceth from Gods own mouth;s 1.491 The Gods of Israel said, the Rocke of Israel spake to me, he that ruleth over men must be just, ruling in the feare of God. Hence thet 1.492 Qu. of Sheeba used this speech to king Solomon, Because the Lord loved Israel for ever, therefore made be thee King (what? to domineere at his pleasure? no verily, but) To doe Iudgement and Iustice. Vpon this ground,v 1.493 King Iosiah made a covenant before the Lord, to walke after the Lord, And to keep his Comman∣dements, and his testimonies and his statutes with all his heart, and with all his soul; And Kingx 1.494 Asa, with other Princes and Governors did the like, as the premises evi∣dence: From all which,y 1.495 and infinite other Scriptures, obliging Kings to reign in righteousnesse, to doe justice and judgement to all, andz 1.496 reprehending them exceeding∣ly for their injustice, tyranny, oppressions, idolatries, and other sinnes; it is irrefraga∣ble; that their kings were as much, if not more obliged to keep both Gods and the kingdomes Lawes, as the Subjects; and had no arbitrary power to doe what they pleased.

All that is, or can be colourably obiected to the contrary, to prove the kings of Is∣rael absolute Monarchs, exempt from Lawes, and paramount their Sanhedrin or peo∣ple collectively considered, is, First, that passage of Psal. 51. 4. where king David confessing his sinnes of Adultery and Murther to God, useth this expression; Against thee, Thee onely have I sinned, and done this evill in thy sight: Of whicha 1.497 Hierom renders this reason, Quod Rex erat & alium non timebat: alium non habebat super se: which Ambrose thus seconds, Rex erat, Nullis ipse legibus tenebatur, quia liberi sunt Reges a vinculis delictorum: Neque enim ullis ad poenam vocantur legibus, Tuti Imperii potestate,b 1.498 Homini ergo non peccavit, cui non tenebatur obnoxiusc 1.499 Arno∣bius & Cassidor, adde, De populo si quis erraverit, & Deo peccat & Regis quando Rex delinquit,d 1.500 soli Deo reus est: Merito ergo Rex, Deo Tantum se dicit peccasse; quia so∣lus erat qui ejus potuisset admissa discutere. The like we finde in Isiodor. Epist. 383. which some Iewish Rabbins back with this saying of Barnachmon, titulo de Iudicibus Nulla creatura judicat Regem, sed Deus benedictus: Therefore the Iewish kings were above all Lawes, and not subiect to the censures of their Congregations, States, or Sanhedrin.

To this I answer first,* 1.501 That no doubt, David by his adultry and murther (being sinnes against the second Table) did sinne not onely against God, bute 1.502 against Ʋriah and his wife too, their children and kinred; yeaf 1.503 against his own soule and body, though he were a king; That of Iustus Eccardus, De Lege Regia, being an it∣refragable truth, granted byg 1.504 all Lawyers and Divines whatsoever, that the abso∣lutest Emperors, Monarchs, Kings, that be, are subject to the Lawes of God, of Nature, of Nations, and cannot justly doe any thing against them to the hurt of pietie, chastity, fame, life, or what is contrary to good Manners. Secondly, No doubt every king is bound in conscience by the Law of God and man, to give satisfaction and recom∣pence to his Subjects against whom he sinneth in this nature, as David himselfe de∣termines in this his own case, 2 Sam. 12. 5, 6, 7. Thirdly, For this very sin against V∣riah God threatens, that the sword should never depart from Davids house; that hee would raise up evil against him out of his own house, that he would take his wives before his eyes and give them unto his Neighbour, who should lye with them in the sight of the Sunne, before all Israel, 2 Sam. 12. 10, 11, 12. which was actually fulfilled in and by Absalom his sonne, 2 Sam. 16. 22. The glosse therefore of these Fathers, that David was exempt from all Lawes being a King, and that he could not sinne against a Subject, is point-blank against the History, and Text it selfe; and manifested to be apparantly false by all the premised Scriptures and Authorities. Fourthly, the true reason of this speech of David, Against thee, Thée onely have I sinned, and done this evill in thy sight, as Augustineh 1.505 and others truly observe was: 1. Because David had plotted and contrived the murther of Vriah, and abusing of his wife so closely, that no man did or could take notice of it; whence Nathan the Prophet tells him, 2 Sam. 12. 12. Thou didst it Secretly, but I will do this before all Israel: sed forte erat quod homines latebat, & non inveniebant illi quod erat quidem, sed manifestum non erat, writes Augustine: 2. Because Vriah being slain, and his wife a party consenting to Davids sinne, his sinne now might in this sence be said, to be against God alone. 3. sinne, quatenus sinne, and as it deserves eternall punishment, is properly com∣mitted against none but God, whose Law and prohibition only makes it sinne; therefore in this regard, David now confessing his sinne to God himselfe, useth this expression and rhetoricall ingemination, Against thee, thee only have I sinned. 4. Because none was free from sinne, and so sit to be his Judge in that respect but God onely. 5. Only, is many times taken for principally or especially; as we usually say, such a one is the onely man;i 1.506 such a salve or medicine, is the onely remedy; and the Scripture useth this phrase in this sence in Davids owne ease, 1 King 15. 7. David did that which was right in the eyes of the Lord, and turned not aside from any thing that he commanded him all the dayes of his life, save ONELY in the matter of Vriah, that is princi∣pally, k 1.507 for he committed divers sins besides, as in numbring the people, in giving Me∣phibosheths land to Ziba upon a false suggestion, himselfe confessingm 1.508 that his ini∣quities were gone over his head,l 1.509 and his sinnes more then the haires of his head: but yet this was his ONLY, to wit, his principall sinne: so in divers others Texts, onely is used for principally; as Iosh. 1. 7. 18. Onely be thou strong; 1 Sam. 18. 17. Onely be thou valiant: So here, against thee, thee only have I sinned; that is, I have principally sinned against thee alone, not excluding his sinne against himselfe, Vriah, and others, whom he injured thereby. 6. This sinne againstn 1.510 Vriah was but a personall and private injury, into which David fell out of humane frailty, it was the first and onely

sin of this kinde that ever he committed, for ought we read; he made no trade of it, he re∣pented for it, and never relapsed again into it: in this regard therefore these Fathers interpretations may be Orthodox, that for such a private sin of infirmitie onely, Da∣vid was not responsible nor punishable by the Congregation or Sanhedrin: But had he made a common trade of murthering his subjects, ravishing their wives, and the like; or giving himselfe over to the open practice of grosse Idolatry, (a sin onely against God himself) and not repented of, or humbled himself solemnly for it, as he did for these sins here, no doubt the Congregation or Sanhedrin might upon complaint, have questioned, reprehended, and censured him for it, as the premises plentifully manifest, notwithstanding the priviledge of his regalitie, which, as it exempted him not from the guilt, so not from the punishment due unto such Crimes, whether temporall or eternall: not from theo 1.511 eternall, which is the greatest, that is certain, therefore not from the temporall, which is the lesse. Finally, God himself threatens, thatp 1.512 If So∣lomon or any Kings of Davids Seed should forsake his Law, and not keep his Command∣ments, but commit ini••••••ity against him, he would chasten them with the Rod of Men, and the Stripes of the Children of Men; whence theq 1.513 Rabbins write, That if their Kings transgressed against the Law of the King, they were and might be scourged for it, without dishonour, by a man whom themselves made choice of: Therefore they might be justly censured and punished by men for their transgressions against God alone, notwithstanding this glosse of these Fathers, true only in som sence in private ca∣ses, and sins of infirmity against private men, not of publike habituall transgressions.

The second Objection,* 1.514 is that Speech of Samuel to the people, 1 Sam. 8. 11. to 19. This will be the manner of the King that shall reign over you; He will take your sons and daughters, and appoint them for himself, &c. And he will take your fields, and your Vineyards, and your Oliveyards, even the best of them, and give them to his servants. And he will take the tenth of your seed, and of your Ʋineyards, and give to his servants: And he will take your manservants, your maidservants, your goodliest young men and your Asses, and put them to his service; he will take the tenth of your sheep, and ye shall be his servants; And ye shall crie out in that day, because of the King whom yee have chosen you, and the Lord will not hear you in that day. Therefore their Kings were ab∣solute Monarchs, not bound to Laws, nor responsible to their subjects for their oppres∣sions, nor yet resistible by them.

To which I answer, that this is a direct description of a Tyrant, and not of a lawfull King; as is evident,

First,* 1.515 by the very occasion of the words; Ʋttered purposely by Samuel to disswade the People from electing a King, & changing their former Aristocraticall Government, in∣to a Monarchicall; because their kings would many of them prove more oppressive, Tyrannicall and burthensome to them then their Iudges or his sons were, whose bri∣bery and perverting of judgment, moved the people thus earnestly to affect a change of Government, as is evident by the 1, 2, 3, 4, 5, 6, and 9 Verses;s 1.516 Iosephus, and the con∣sent of all Expositors.

Secondly,* 1.517 by the introduction to, and the words themselvs, This will be the manner of the King that shall reign over you, He will take, and he will do thus and thus; not this ought to be the manner, he ought to do, or lawfully may do thus and thus.

Thirdly, by the things themselves which he would do, which are directly contrary to Deuter. 17. 14. to the end; and all other Scriptures, expresly enjoying Kings

t 1.518 to judge their people righteously, to do justice and judgement, and not any wayes to op∣presse or spoyle them. I shall instance onely in two particulars.

First, the law of God expresly prohibitsv 1.519 all men (and Kings as well as others) to covet their neighbours House, his menservants, his maidservants, his Oxe, or his Asse, or any thing that is his Neighbours: If their Kings then might not lawfully so much as desire or covet, much lesse might they lawfully take away their Houses, Sonnes, Daughters, Manservants, Maidservants, Asses, Sheep, Corn, Vineyards, or any thing else that was theirs, without their free consents, as Samuel tells them their King would do; this therefore must need, be onely a declaration of what their Kings would Ty∣rannically do, not of what they might lawfully or justly execute.

Secondly, it is Gods expresse Edict, Ezek. 46. 18. The Prince shall not take the Peoples inheritance by oppression, to thrust them out of their possessions, but he shall give his Sons inheritance out of his own possession, that my people be not scattered every one from his possession. And Ezek 45. 8, 9. The Land shall be the Princes possession in Israel, and my Princes shall no more oppresse my people, and the rest of the Land shall they give to the house of Israel according to their Tribes: Thus saith the Lord God, Let it suffice you, O Princes of Israel; remove violence and spoile, and execute judgement and justice; take away your exactions (or expulsions) from my people, saith the Lord. Whence x 1.520 Ahab King of Israel for coveting, and unjustly depriving Naboth of his Vineyard, which he refused to sell him, because it was the inheritance of his Fathers, and taking pos∣session thereof after his unjust condemnation, had a most severe judgement denounced against him, even the utter extirpation of himself, Q. Iezabel, and their posterity, after∣wards executed: Which punishment God would never have inflicted on them, had it been lawfull for the Kings of Israel to take the peoples Fields, Vineyards, Oliveyards, &c. and possesse or give them to their servants, as Samuel here tels them their Kings will do: This clause then of taking their Fields, Vineyards, &c. from them, by the King, without their consents, being thus diametrally contrary to these Texts of E∣zekiel, and such a capitall Crime in King Ahab, (yea, contrary to the practise of Ioseph, and the Aegyptian Heathen King Pharaoh, who took not away, but bought the Aegyp∣tians Cattell and Lands for Corne, Gen. 47. 14. to 27.) can no wayes be warranted as a just royall prerogative lawfull for their Kings to use, but must needs be branded for a Tyrannicall Oppression.

Fourthly, this is evident by the consequences of it, Ye shall be his servants, (not sub∣ject••;) And ye shall crie in that day because of your King which ye have chosen you, and the Lord will not hear you in that day, Verse 17, 18. Certainly the people neither would nor ought to crie to god against the proceedings of a just upright King, but onely of a Tyrant and Oppressour; therefore this Text must needs be meant of such a one, who should be a scourge and punishment to them, as Tyrants are, not a blessing as good Kings alwayes be.

Fifthly, consult we with all Polititians whatsoever, this description suites onely with a Tyrant not with any lawfull King: and that it is meant of such a one, we have the te∣stimony ofy 1.521 Iosephus, the generall concurring suffrage of all Commentators and Ex∣positors one the place (see Lyra, Hugo de Sancto Victore, Carthusian, Angelomus Lexoviensis, Calvin, Brentius, Bugenhagius, Beda, Bertorius, Martin Borrhaeus, Pe∣ter Martyr, Zanchius, Piscator, Serrarius, Strigelius, Doctor Willet, Deodate, the English Bibles notes, with others) and of sundry who descant on this Text in other

writings; by name, of M. Iohn Calvin, Instit. l. 4. c. 20. sect. 26. Bishop Ponet his Politi∣call Government. p. 44. Iunius Brutus Vindiciae contra Tyrannos, qu. 3. p. 121. 122. 134. 135. 153. 154. 155. 159. De Iure Magistratus in Subditos, p, 270. 271. Bucholceri Chronichon. p. 208. Petrus Cunaeus, de Repub. Hebraeor. l. 1. c. 14. Bertrami, Politia Iu∣d••ic. p. 53. Shickardus jus Regium Iudae. p. 64. Albericus Gentilis de jure Belli, l. 3. c. 15. p. 613. Hugo Grotius de jure Belli & Pacis, l. 1. c. 3. Adnotata. p. 72. Governado Christiano, p. 87. Georgius Bucanus de jure Regni apud Scotos, p. 44. Dole-man, p. 68 70. Haenon. disp polit. p 432. Weemse 2 Ʋol. 2. Part. p. 14. Hotomani, Franco. Gallia, c. 10. Amesius de Casibus Conscienciae, p. 306. and (to name no more in so plain a case) of Doctor Ferne himself, in his Resolving of Conscience, sect. 2. p. 10. where hee writes, That Samuel here tels the people, how they should be oppressed under Kings; yet all that violence and injustice done unto them, is no cause of resistance, &c. This Text then being cleerly meant of their Kings Oppression, violence, injustice against Law, right, and a clear description of a Tyrant, not a King; I may safely conclude from all the premises, that even among the Israelites and Iews themselves, their Kings were sub∣ject to the Lawes, and that the whole Congregation, Kingdom, Senate, Sanhedrin, not their Kings, were the Supreme Soveraign power, and Paramount their Kings them∣selves, whom they did thus freely elect, constitute, and might in some cases justly cen∣sure, resist, depose, (if not put to death) by common consent, for notorious grosse Ido∣latries and publike multiplied crimes, as the forecited authors averre. All which considered, eternally refutes, subverts, confounds the erronious false Positions and Pa∣radoxes which Doctor Ferne, Griffith Williams Bishop of Ossery, the Authour of The necessitie of Subjection, with other late ignorant Pamphletters, have broached to the contrary, without either ground or presidents to warrant what they affirm, touching the absolute Soveraignty, Monarchy, irresistibilitie, incorrigibility of the Kings of Iu∣dah and Israel by their whole States, Congregations, Kingdoms generall assents, and utterly takes away those sandy fabulous foundations upon which their impertinent Pamphlets against the Soveraign Power of Parliaments, Kingdoms, and the illegality of Subjects taking up defensive Arms against Tyrannicall Princes, bent to subvert Re∣ligion, Laws, Liberties, the Republike, are founded; which must now needs vanish into nothing, before this Catholike, irrefragable clear-shining verity, abundantly rati∣fyed by innumerable presidents in all eminent Kingdoms, States, Nations, that either have been in any former ages, or are yet extant in the world; which must and will in∣finitely over-sway, swallow up the inconsiderable contrary opinions of some few pri∣vadoes, who (either out of flattery, hopes of getting, or keeping undemerited pre∣ferments, fear of displeasing greatnesse, or inconsiderates following of other reputed learned mens mistakes, without due examination of their erronious Tenents) have en∣gaged themselves in a Polemicall blinde Combate against these infragable transparent Verities; whose defence I have here made good against all their misprisions, and boot∣lesse assaults.

Having now Historically ran over the most eminent Empires, Kingdoms of anci∣ent and present times, in a kinde of confused method; their copious vastnesse and varietie being so boundlesse, and my time to collect them so small, that I could hardly marshall them into any comely distinct Regiments, or reduce them to the particular Heads debated in the premises; I shall therefore for a conclusion deduce these distinct Conclusions from them, to which the substance of all the recited Histories may be apt∣ly,

reduced, and are in truth abundantly confirmed by them beyond all contradiction, annexing some new punctuall Authorities of note, to ratifie and confirme them.

First,* 1.522 it is undeniably evident from all the premises, That all Monarchies, Em∣pires, Kingdoms, Emperours, Kings, Princes in the world, were originally created, in∣stituted, ordained, continued, limited, and received all their jurisdiction, power, Autho∣ritie both from, by, and for the people, whose Creatures, Ministers, Servants they are, and ought to be. If we survey all the severall Lawfull Monarchies, Empires, Prin∣cipalities, Emperours, and Kings, that either have been, or yet are extant in the world; we finde all sacred and prophane Histories concurre in this, that they had their origi∣nall erections, creations from, by, and for the People; Yea, we read the very times when, the most Monarchies of note were instituted, the Names of those on whom the first Mo∣narchies were conferred, (by the peoples free election onely) yet extant on record in most Histories, and withall expresse relations, of many different kinds of Kingdoms, Kings, in respect of succession, continuance, Power, jurisdiction, scarce any two king∣doms, or their Kings, being alike in all things in regard of Prerogatives & jurisdictions; all Histories & Polititians concurring, resolving withz 1.523 Peter, that Kings are humane Creatures or Ordinances, instituted, diversified thus by men, and the people alone, out of Gods generall or speciall providence, not one of them all being immediately or directly ordained by God, as the onely efficient cause, without the free concur∣rence, consent and institution of the people. This truth, is not onely ratified by Lex Regia, whereby the Roman Emperours were created, yea, invested with all their power; registred by Iustus Eccardus de Lege Regia, & Marius Salamonius de Princi∣patu, l. 6.a 1.524 formerly transcribed; by Plato, Aristotle, Xenophon, Berosus, Polybi∣us, Cicero, Livy, Iustin, Plinie, Strabo, Plutarch, Dionysius Hallicarnassaeus, Diodo∣rus Siculus, Pausanias, Solinus, Alexander ab Alexandro, Hermannus Schedell, Herodotus, Boëmus, Pomponius Mela; forecited, and generally by all Historians, Chronologers, Antiquaries, Lawyers, Politians whatsoever; but directly averred and proved by Franciscus Hotomanus (a famous Lawyer) in his Franco-Gallia, c. 1. 6. 10, 13. the Author of De Iure Magistratus insubditos, Quaest. 5. p. 239. 240, &c. Thomas Garzonius Emporij Emporiorum, Pars 1. Discursus 1. de Dom. p. 13. Vasquius Con∣trovers. Illustrium, 12. n. 133. 59. n. 8. 61. n. 22. 80. n. 4. 108. n. 29. 141. n. 2. Cova∣runius, Quaest. Illust. T. 2. 396. n. 2. 4. Hugo Grotius de Jure Belli, l. 1. c. 4. sect. 7. l. 2. c. 14. sect. 11. and elsewhere: Marius Salamonius de Principatu; Eccardus de lege Re∣gia, with others cited by them: Hookers Ecclesiasticall Polity. l. 1. sect. 10. p. 69, 70, 71. (a pregnant place) Albericus Gentilis de Iure Belli, l. 3. c. 10. 15. Ioannes Mariana de Rege & Regum Instit. l. 1. c. 1. to 10. Sparsim, & Iunius Brutus, Vindiciae contra Ty∣rannos, Quaest. 3. p. 83. to 94. with whose words I shall close up this observation, (ha∣ving b 1.525 elle where particularly proved the verity thereof, and answered all Obiections against it from misinterpreted Scriptures:)

We say now (writes he) that the people constitute Kings, deliver Kingdoms, ap∣prove Kings elections, with their suffrages; which God would have to be thus, that so whatsoever authority and power they should have, they should, next to him, re∣ferre it to the people, and therefore should bestow all their care, thoughts, industrie for the peoples profit; neither verily should they think themselves advanced above other men for their excellency of nature, no otherwise then men are over Heards and Flocks, but should remember, that being born in the same condition with

others, they were lifted up from the ground unto that condition by the suffrages, as it were, by the Shoulders of the people, upon whose Shoulders the burthen of the Com∣mon-weale should for a great part rest. After which he proves by Deut. 17. and divers forecited presidents in Scripture, that God gave the Election and Constituti∣on of the kings of Israel to the people; and that notwithstanding the succession of the kingdom of Iudah was by God entailed afterwards to the Linage of David, yet the Kings thereof actually reigned not before they were ordained by the people. Whence we may conclude, that the Kingdom of Israel, if we respect the stock, was certainly hereditary, but if we regard the persons, altogether elective. But to what end was this, if the Election appear, as it is confessed, but that the remembrance of so great a dignitie conferred by the people, should make them alwayes mindefull of their duty: So likewise among the Heathens we read, that Kings were constituted by the people; for when they had wars abroad, or contention at home, some one man, of whose fortitude and justice the multitude had a great opinion, was by common con∣sent assumed for King. And among thec 1.526 Medes, saith Cicero, Deioces was of an Arbitrator made a Iugde, of a Iudge created a King; and among the Romanes the first Kings were elected. Therefore when Romulus being taken away, the Inter-regnum of the hundred Senators was displeasing to the Romans, they accorded,d 1.527 that af∣wards Kings should be chosen by the Suffrages of the people, the Senate approving it: And Tarquin the proud was therefore reputed a Tyrant, for that being created neither by the people nor Senate, he held the Empire onely by force and power: Wherefore Caesar although he invaded the Empire by force, yet that he might cosen the people at least with some pretext of Law, would seem to have received the Em∣pire from the Senate and people: But Augustus although he was adopted by Cae∣sar, yet he never bare himselfe as heire of the Empire, by divise; but rather re∣ceived it as from the Senate and people; as did also Caligula, Tiberius, Claudius; whereas Nero, who first invaded the Empire by force and wickednesse without any colour of Law, was condemned by the Senate. Since then no man could be born an absolute King, no man can be a King by himselfe, no man can reigne without the people: Whereas on the contrary, the people may both be, and are by themselvs, and are in time before a King; it most certainly appears, that all Kings were first constitu∣ted by the people. Now albeit that from the time that Sons or Nephews imitated the vertues of their parents, they seem to have made kingdomes as it were hereditary to themselves in certain Countries, where the free power of Election may seem in some sort to have ceased, yet that custome hath continued in all well constituted kingdomes, that the children of the deceased kings should not succeed untill they were as de nono, newly constituted by the people, nor should not be acknowledged as heires to their Fathers, but should onely then at length be reputed kings, when they had as it were received investiture of the Realme from those who represent the Majesty of the people, by a Scepter and Diadem. In Christian kingdomes which at this day are said to be conferd by succession, there are extant most evident footsteps of this thing. For the kings of France, Spain,* 1.528 England, and others are wont to be inau∣gurated, and as it were put into possession of the Realm by the States, Senators, No∣bles and great men of the Realm, who represent the universality of the people, in the same manner as the Emperours of Germany are by the Electors, and the kings of Poland by the Vaynods or Palatines, where the intire right is onely by election, nei∣ther,

is royall Honour yeelded to them in the Cities of the kingdomes, before they have been duly inaugurated: Neither also heretofore did they compute the time of the reigne, but from the day of the inauguration, which computation was accurate∣ly observed in France: And that we may not be deceived by reason of any continu∣ed stories of succession; even in those very kingdoms, the States of the Realme have oft times preferred a kinsman before a sonne, the second sonne before the eldest; is in France,e 1.529 Lewis, the brother, before Robert Earl of Dreux; also Henry, the se∣cond brother, before Robert Capet the Nephew, with others elsewhere: Yea, and the same kingdome by Authority of the People, hath been translated from one Nation and Family to another, whiles there were lawfull heires extant; from the Merouingi to the Carlingi, from the Carlingi to the Capets; which hath been likewise done in other Realms, as it sufficiently appears out of the truest Histories. And that we may not recede from the kingdome of France, which hath ever been reputed the pat∣tern of the rest, in which, I say, succession seemes to have obtained greatest strength: We read that Pharamond was elected, Anno 419. Pipen, An. 751. Pipens sonnes, Charles the great and Charlemain 768. not having respect of the Father; Charlemain being at last taken away 771. the Brothers part did not immediatly accrue to Charli the Great, as is usually done in inheritances, but by the determination of the people and publike Councell: and by them Ludovicus pius was elected, An. 812. although he were the sonne of Charles the great.

Yea, in the very Testament of Charles, which is extant in Nauclerus, he Intreats the People by the Common Councell of the Realm to elect one of his nephews whō they pleased; as for his Vncles he bids thē rest satisfied with the Decrée of the people. Whence Charles the bald, Nephew by Lewis the godly and Iudith, professeth himselfe An elected King in Aimoinius the Histori∣ographer. In summe, all kings whatsoever, from the beginning were Elective; and

those who at this day strive to come to the kingdome by succession, must of neces∣sity be First ordained by the people.

Finally, albeit the people by reason of certain egregious merits, hath in certain Realmes used to chuse kings out of the same stock, yet they chuse the stock it self, nor the branch; neither do they so chuse it, but if it de∣generates, They may elect another: But even those who are neerest of that stock, are not so much born, as made kings; are not so much accounted kings as the At∣tendants of kings; which Franciscus Hotomanus in his Franco-Gallia, cap. 6. 7. & 10. prosecures more at large, and manifests by sundry pertinent Presidents and Authorities.

Secondly,* 1.530 that it is apparant by all the premised Histories; That in all Empires, Monarchies, the whole Empire, State, Kingdome, with the Parliaments, Senates, States, Diets, publike Officers and generall Assemblies which represent them, are the Supream∣est Soveraign power, superiour to the Emperours, Kings and Princes themselves; who are subordinate Ministers and servants to them, elected, created by them for their common good; and not absolute Soveraign Lords or Proprietors to rule & domineer over them at their pleasure: Which conclusion you shall find abundantly ratified, and pro∣fessedly maintained by Marins Salamonius, de Principatu, in six severall Books; by Iohn Mariana, de Rege & Regis Instit. l. 1. c. 8. Stephanus Iunius Brutus, his Vin∣diciae contra Tyrannos, throughout, especially p. 91. to 110. the Treatise, De Iure Magistratus in Subditos, throughout: Iustus Eccardus, de Lege Regia: Henricus Ranzovius; Commentarii Bellici, lib. 1. c. 3. and elsewhere: Georgius Obrechtus

(an eminent Civill Lawyer) Disputationes Iuridicae, de Principiis Belli, sect. 115. to 200. where he thus resolves,f 1.531 The inferiour Magistrates, as in Germany the E∣lectors, Princes, Earles, Imperiall Cities; in France the Peers of France, in Poland the Vayuodes or Palatines, and in other Kingdomes the Nobles, Senators, and Dele∣gates of the Estates, as they are severally inferiour to the Emperour or King, Ita Vniverst Superiores existunt, so collectively They are superiour to them; as a Generall Councell is above the Pope, the Chapter above the Bishop, the Ʋniversity above the Chancellor; The Prince, saithg 1.532 Pliny the second, even the greatest, is ob∣liged to the Commonwealth by an Oath, as its servant, ac ipsa Republica seu Regno Minor est, and is lesse then the Republike or Kingdome it selfe:) by Franciscus Hoto∣manus a learned French Lawyer, in his Franco-Gallia, c. 6, 7. 10, 11. 14, 15, 16, 18, 20. Aquinas, de Regimine Principum, c. 6. by Hemingius Arnisaeus, De Auctori∣tate Principum in populum, &c. and De Iure Majestatis, Sebastianus Foxius, De Regni Regisque Institutione; Vasquius Controvers. Illustrium passim, Cavarnuius Contr. Illustr. T. 2. 505. n. 1. 399. n. 6. Haenon Disp. Polit. p. 179. &c. Alhusius Po∣lit. c. 4. p. 146. to 154. with Iohn Calvin Instit. l. 4. c. 20. sect. 31. and* 1.533 divers others forecited: Heareh 1.534 Iunius Brutus instead of all the rest to this particular, being a Frenchman by birth, and writing his mind herein both freely, accutely and inge∣niously, in these words:

Now verily, since Kings are constituted by the people, it seems necessarily to fol∣low, populum universum Rege potiorem esse, That all the people are better and greater then the King. For such is the force of the word, that whoever is constitu∣ted by another, is reputed lesse then him; he who receiveth authority from another, is inferiour to his Author.i 1.535 Potipher the Aegyptian appointed Ioseph over his fa∣mily, k 1.536 Nebuchadonozer set Daniel over the Province of babylon;l 1.537 Darius set an hundred and twenty Princes over the Kingdome. Verily Masters are said to ap∣point servants; Kings Ministers; so likewise the people appoints the King, as the Minister of the Commonweale; which title good Kings have not contemned, and ill Kings have affected, so that for some ages, none of the Roman Emperours, but an apparant Tyrant, such as Nero, Domitian, Caligula, would be called LORD. Moreover it appeares, that Kings were instituted for the peoples sake; neither wilt thou say, that for an hundred Homuncices more or lesse, (for the most part far worse then the rest) all inferiours whatsoever were created, rather then they for them. Now reason requires, that he for whose sake another exists, is to be accounted lesser then he. Thus the Governour of a Ship is instituted by the owner for the Shippes sake, who sits at the Helme, lest the Ship should be broken on the Rocks, or ill hold her course. And verily whiles he intends this businesse, the other Mariners serve him, and the owner himselfe obeyes him; and yet he is a servant of the Ship, as well as any mariner, neither differs he from a mariner in gender, but in kind: In the Republike, which is usually compared to a Ship, the King is in place of a Master, the people of an Owner: Threfore to him seeking the publike safety, the people obey and submit; when notwithstanding he is, and ought no lesse to be accounted a ser∣vant to the Republike, as well as any Judge or Captain, neither differs he from those in any thing, but that he is bound to beare greater burthens, and undergoe more dangers: Wherefore verily what things soever the King acquires in warre, or when he gaineth adjoyning Coasts by right of warre or by sentence of Law, as those things

which are brought into the Eschequer, he acquires to the Kingdom not to himselfe; to the people, I say, which constitute the kingdome, no otherwise then as a servant (purchaseth) to his Lord; neither can any obligation be contracted with him, but by their authority. Furthermore, innumerable people live without a king, but thou canst not conceive a King without a people, so much as in thy mind. Neither have some attained a Royall Dignity because they differed in kind from other men, and ought to rule over others by a certain excellency of nature, as shepheards doe over their Flocks; but rather, the people created out of the same Masse, have advanced them to that degree, that so if they enjoyed any authority, any power, they should acknowledge it received from them, and possesse it as during their pleasure; which the ancient custome of the French aptly sheweth, who* 1.538 lifting their King up on a Buckler, proclaimed him King. For why, I pray, are Kings said to have innumera∣ble eyes, many eares, long hands, most swift feet? what, because they are like to Argus, Gerion, Midas, or to those whom fables have feined? verily no, but indeed because all the people whom it concerns, lend all their eies, their ears, their hands, feet, and faculties to the king for the use of the Republike. Let the people recede from the King, he who even now seemed eyed, eared, strong and flourishing; will suddenly wax blind, deafe, and fall to nothing; he who erewhile did magnificently triumph, will in one moment become vile to all: he who even now was adored almost with divine honours, will be compelled to play the Schoolmaster at Corinth: Over-turn only the basis of this Giant-like heape, and like the Rhodian Colossus, it will of necessity fall, and be broken into pieces. Since therefore a King exists by and for the people, and cannot consist without the people; to whom may it seem strange if we conclude, That the People are greater then the King.

Moreover, what we say of all the People, we will have spoken also, as in the se∣cond Question, of those also who lawfully represent all the people in every kingdome or City, who verily are commonly reputed the Officers of the Kingdome, not King. The Officers of the King, are created or discharged by the King at his pleasure; Moreover, when he dyeth they are out of place, and are in some sort accounted dead men. Contrarily, the Officers of the kingdome, receive their au∣thority from the people, to wit, In a publike Councell, or at least, Heretofore were wont to receive it, neither can they be cashéered without the same. Therefore those depend on the King, these on the kingdome: they, from the Supreme Officer of the kingdome, who is the king himselfe; these, From the Supream Dominion of the People, from whom the king himselfe, as well as they, ought to depend. Their Office is, to take care of the king: these mens duty, to take heed that the Common∣wealth receiue no detriment any where: Theirs to be present and serue the King, as any domestick servants doe their Masters; these mens, to defend the rights and priuiledges of the people, and diligently to prouide, that the Prince himselfe commit, or omit nothing to their destruction. Finally, those are the Kings seruants, Ministers, dome∣sticks, instituted only to obey him; these contrarily, are as the kings Assessors in jud∣ging according to Law and Consorts of the Royal Empire; so as all these are bound to gouern the Commonweal, no otherwise then the king is; yet he, as a president a∣mong them, may onely hold the first place. Now as All the People are superiour to the King; so euen these, although single, every of them be inferiour to the King, yet All of them are to be deemed superiour to him. How great the power of the first

kings was, appeares sufficiently from this; that Ephron king of the Hittites, durst not grant the right of a sepulcher to Abraham without the peoples consent;m 1.539 nor Hamor the Hiuite king of Sechem, make a league with Iacob, the more weighty affaires be∣ing usually referred to the people. And vetily in those kingdomes, which at that time were circumscribed almost with one City, this was easie: But from that time kings began to inlarge their Territories, neither could all the people assemble in one place without confusion, Officers of the kingdome were appointed, who should ordinari∣ly defend their rights; yet so, as when there should be need, either all the people, or at least a certain Epitome of them should be extraordinarily assembled. Wee see this order to have been in the kingdome of Israel, which by the judgement almost of all polititians, was best of all constituted. The king had his Bakers, Butlers, Cham∣berlaines, Masters and Stewards of his House, who overlooked his Family; the kingdom had likewise its Officers, 71. Elders and Captains chosen out of every tribe, who might take care of the Republike in time either of peace or warre: and finally its Magistrates in every Town, who were every one to defend their Rites, as the others the whole kingdome (which he proves to be above their kings, and to over∣rule them, in the* 1.540 forecited passage.) Such were the 7.n 1.541 Magi, or wise men in the Persian Empire, being as it were Consorts of the Royall Honor, and who were called the kings eyes and eares, with whose judgement we read the kings rested satisfied: Such were the Ephori in the Spartan Realm, to whom they appealed from the king, and who did likewise judge the kings themselves; as it is in Aristotle; In the Ae∣gyptian kingdome the publike Ministers were elected and assigned to the king by the people, onely to this end, that he should commit nothing against the Lawes. Now aso 1.542 Aristotle every where calls those lawfull kings, to whom such Officers are adioyned, so likewise he feares not to say, where they are wanting, that there is not a Monarchy, but either plainly a barbarous tyrannie, or a domination next to Tyran∣nie. In the Roman State the Senators obtained this place, and the Magistrates usu∣ally chosen by the people, the Tribune of the Consuls, the president of the City, and the rest, so as there lay an appeale from the king to the people, which Seneca cites out of Tullies Book of the Republike, and the History of Horatius Tergeminus, condem∣ned by the Royall Iudges for the murder of his sister, and absolved by the people, suf∣ficiently evidenceth: But under the Emperours, the Senate, Consuls, Pretors, Preto∣rian Perfects, Presidents of Provinces, which were given to the people and Senate, were therefore all called the Magistrates of the people of Rome. Therefore when as by the Decree of the Senate, Maximinus the Emperour was iudged an enemy of the Republike,p 1.543 and Mazimus and Albinus were created Emperors by the Senate against him, the Souldiers took an oath, that they would Fathfully obey the people of Rome, the Senate & Emperor, howsoever this law might be violated under tyranny. As for the Empires at this day (as the Turkish & Muscovitish, and others of this kind, which are rather great Robberies, then Empires) there is not one of them, which if not at this time, was not at least in times past governed in this manner. But if it be come to passe through the Magistrats fault and sloathfulnes, that in some places po∣sterity have received a worser Commonweal, notwithstanding those who at this day possesse these Offices, are bound as much as in them is, to revoke all things to their ancient state. In the German Empire which is conferred by election, there are Princes, and Electors, as well Laicks as Ecclesiasticks, Earles, Barons, Cities, Em∣bassadors of Cities, who as they have the care of the Commonweale in their severall

places, so likewise in generall Assemblies (or diets) when there is needs, they represent the Majesty of the whole Empire, where they are bound to care, that the Republike su∣stain no detriment by the private endeavours or hatreds of the Emperour. Therefore there is one Chancellour of the Empire, another of the Emperour; other and different Officers besides, both of the one, and other: divers Exchequers, divers Treasurers; and therfore it is a cōmon saying, that the Empire is preferred before the Emperor, so as q 1.544 the Emperor may be every where said to do homage to the Empire. Likewise in the Realm of Poland, the Bishops, Palatines, Castellans, Nobles, Deputies of Cities and Counties are extraordinarily assembled; in whose assembly onely new constitutions are made, and wars decréed. But ordinarily the councellers of the Realm of Poland, the Chancellor of the Polish Repub. &c. although the King in the mean time hath his own Chamberlains, Stewards, Ministers & Domesticks. But he who will dispute among the Polonians, whether the King or the whole people of the Kingdom, represented by the Estates of the Realm, be greater: doth just like him who should dispute at Venice, whe∣ther the Duke or the Republike were the superior? But what shal we say of those king∣domes which are wont to be carried by succession? Verily the thing is no otherwise there. The Realm of France, which not long since was preferred before the rest both for the excellency of Laws and Orders, was thus constituted in times past; and al∣though those who hold that place do not sufficiently discharge their duty, yet they are not thereby the lesse obliged to do it: The king verily hath his great Master, or Arch-Steward, his Chamberlains, Hunters, Guard, Butlers, and the rest, whose Of∣fices heretofore did so depend on the King that he dying, themselves seemed also to die in their Office; so that even yet, after the end of the mourning royall, the great Master or Arch-Steward, is wont to pronounce certain conceived words, wherewith he dismisseth the royall family, and bids every one provide for himself: Yet notwith∣standing the Kingdom ofr 1.545 France hath its Officers, the master of the Palace, who afterwards was stiled the Earl of the Stable, the Marshals, Admirall, Chancellour, or great Referendary, Secretaries, Treasurers, and Officers, who verily heretofore WERE NOT CREATED, BUT IN THE GREAT PUBLIKE COVN∣CELL of the three Orders of the Clergie, Nobilitie and people; but since the stand∣ing Parliament was ordained at Paris, they are not thought setled in their Offices, be∣fore they be received and approved by the Senate of Paris,s 1.546 neither can they be ca∣sheer'd without their consent and authority: Now all these, first plight their faith TO THE KINGDOM, that is, to all the people, after that to the King, as the Guardian thereof; which is perspicuous even from the very form of the Oath. But especially the Earl of the Stable, when he is girded by the King with the Liliated sword (as ap∣pears by the words which he pronounceth,) is girded to that purpose, THAT HE MAY DEFEND AND PROTECT THE REPVBLIKE. Moreover the Realm of France hath its Peers, as Consuls of the King, or its Senators, as the Fathers of the Republike, every of them denominated from the severall Provinces of the King∣dome, to whom the King, being to bee crowned, is wont to plight his faith, as to the whole Kingdome: from whence it appeares, THAT THEY ARE SVPERIOR TO THE KING: These again likewise swear, that they will defend, not the King, BVT THE ROYALL CROWN; that they will assist THE REPVBLIKE with their councell, and that for this end, they will be present in the sacred Councell of the Prince in time of Peace or Warre, as manifestly appears out of the formulary of the Peership: Therefore by the Law oft 1.547 Lombardy; in giving sentences, they did not

onely sit with the Lord of the Fee as Peers, but likewise heard the Causes ofttimes be∣tween the Superiour Lord and his Vassall. We likewise see these Senators of France to have ofttimes judged between the King and Subjects, so that when Charles the 6. would have pronounced sentence against the Duke of Britain, they withstood him, and said, THAT THE JVDGEMENT WAS NOT THE KINGS, BVT PEERS, FROM WHOSE AVTHORITY HE COVLD DEROGATE NOTHING. Hence even at this day the Parliament at Paris, which is called the Court of Peers or Senators, is in some sort constituted a Iudge between the King and People, yea, between the King and every private man, and is bound, as with an ob∣ligation to right every one against the King Procurers, if he invades any thing against Law; Besides, if the King determines any thing, or makes any Edict at home, if he make any compact with neighbour Princes, if any Warre be to be waged, if any Peace be to be made, as of late with Charles the fifth, The Parliament ought to approve, and bée Authour of it, and all things which appertain to the Common-wealth, ought to be registred among its acts; which verily are not ra∣tified, untill they shall be approved by it. Now that the Senators might not fear the King, heretofore none could be preferred into that Order, but such who were nomi∣nated by the Senate, neither could they Lawfully be removed, but by its Autho∣rity, for a lawfull cause.

Finally, even the Kings Letters, unlesse they be subscribed by the Kings Secreta∣ry, and rescripts, unlesse they be signed by the Chancellour, (who hath a power of cancelling) have no authority. There are likewise Dukes, Marquesses, Earles, Vi∣counts, Barons, Castellanes; also in Cities, Maiors, Deputies, Consuls, in Sindeches, Auditors, and the like, to whom some particular Region or City are severally com∣mended, that they may defend the People so farre forth as their jurisdiction exten∣deth, although some of these dignities at this day are reputed Hereditary: And be∣sides this, yearly heretofore, at leastwise as often as necessity required, there was held anv 1.548 Assembly of the three Estates, wherein all the Countries and Cities of any note, did send their Deputies, namely Commons, Nobles, Ecclesiasticks in each of them apart; where they publikely determined of those things which appertained to the Republike: Now such was evermorethe authority of this Assembly, that not only those things which were therein accorded, were reputed sacred and holy, & whether Peace were to be concluded, or War to be waged, or the Guardianship of the Realm to be committed to any one, or a Tax to be imposed, was there concluded; but even Kings themselves for their luxury, slothfulnes or tyrannie, were thrust into Monasteries, & by their authority, even all their Ofsprings deprived of the succession of the Kingdom, no otherwise then at first, when as they were called to the kingdom, by the peoples autho∣rity: verily those whō consent had advanced, dissent did pull down again; those whom imitation of paternall vertues had as it were called into that inheritance, a degenerate and ungratefull minde, as it had made then uncapable and unworthy, so it did make them to be disinherited: From whence verily it appears, that succession truly was tole∣rated to avoid competition, succession, an interregnum, and other incommodities of E∣lection; but truely when greater damages would follow; where Tyranny should in∣vade the Kingdom, where a Tyrant the Throne of a King, the lawfull Assembly of the people Perpetually reserved to themselves an Authority of expelling a Tyrant or slothfull King, and of deducing him to his Kindred, and of substituting a good

King in his place. Verily peradventure the French received this from the Gauls, x 1.549 Caesar in the fifth Book of the Gallic War, being the Author; For Ambiorix King of the Eburoni, confessed, that all that time the Empires of the Kings of Gallia were such, that the people duely assembled, had no lesse authoritie over the King, then the King over the people; which also appears in Vercingetorix, who pleaded his cause before an assembly of the people.* 1.550 In the Kingdoms of Spain, especially in Valentia and Catteloigne of the Arragonians it is even thus, for the Soveraignty of the Realme, is in the Justice of Aragon, as they call it; therefore the great men, who represent the people, fear not to tell the King in direct terms, both in his very Coronation it self, and likewise every third year in the generall assembly of their Estates, Tantum va∣lemus nos, quantum vos; We are as powerfull as you, but the Justice of Aragon is above us both, who rules more than you. Yea, oftentimes what things the King hath asked, what he hath injoyn'd, the Iustice hath prohibited; nay, he never dares to impose any tribute without the authority of that Assembly. In the Realms of England and Scotland, the Supreme power is in the Parliament, usually wont to be held almost every year. Now they call a Parliament, the Assembly of the Estates of the Realme, where the Bishops, Earls, Barons, Deputies of the Cities and Counties by common suffrage determine of the Republikes affairs, whose authority is so sacred, that what things soever it shall once establish, it is unlawfull (or a wicked act) for the king to abrogate. Likewise all the Officers of the Realme are wont to receive their Offi∣ces from that Assembly, and those who ordinarily assist the King or Quéen in Coun∣cell. In brief, other Christian Kingdoms, as Hungary, Bohemia, Denmarke, Swe∣den, and the rest, have all their Officers of the Realm, or Consuls of the Royall Em∣pire, who by their own Authority have sometimes used even to depose their Kings themselves, as Histories teach, or fresh memory sufficiently manifests: Neither is there verily any cause that we should think the Royall Authority to be thereby de∣minished, or that Kings should hereby suffer as it were a diminution of their heads; Truly, we deem not God the lesse potent for this, because he cannot sin by himself, nor his Empire more restrained, because it cannot be ruined, nor grow worse; there∣fore not a King, if that he who may offend by himself, be sustained or kept from sin∣ning by anothers help; or if peradventure he had lost any Empire by his own negli∣gence or fault, that he may retain by anothers prudence. What? do you think any man lesse healthy, because Phisitians sit round about him, who dehort him from in∣temperance, who interdict him the eating of hurtfull meats, who likewise oft-times purge him against his will, and resisting? Or whether doest thou think those Phisitians who take care of his health, or flatterers who obtrude the most unwholsome things, to be more his friends? Therefore this distinction is altogether necessary to be adhi∣bited: Some are friends of the King, others of Caesar; those are friends of Caesar, who serve Caesar; those friends of the King or Emperour, who serve the Kingdom: For since any one is called a King,* 1.551 for the Kingdoms sake, and the Kingdom consists in the people; but the Kingdom being lost or decayed, the King must altogether cease to be a King, or, at least, be lesse a King: those verily who shall study the profit of the Kingdom, are truly the Kings friends; those who neglect, or subvert the profit of the Realm, are truly his Enemies: and as thou canst by no means separate the Kingdom from the people, nor the King from the Kingdom; so neither the friends of the King from the friends of the Kingdom or people; yea verily, as those who truely love Cae∣sar

would rather have him to be a King then a private man, nor can they have him a King without a Kingdom, in good sooth those shall be the Kingdoms friends who are Caesars; and those who would seem to be more the friends of Caesar, then of the King∣dom or people, are truly to be reputed Flatterers and most pernicious enemies. But and if they bee truely friends, is it not manifest, that the King will become more powerfull and stable, (as Theopompus said of the Ephori when instituted) by how much those shall be more, and more powerfull, to whom the profit of the people or Realm shall be commanded and committed?

But perchance thou wilt say, You tell me of the Senators, Peers, and Officers of the Realm, but I, on the contrary, see nothing but Ghosts, and as it were ancient Cote-Arms in Tragedies, but I scarce any where discern any foot-steps of ancient li∣bertie and authoritie. Finally, you may see most men every where to look to their own affairs, to flatter kings, to cheat the people; scarce any where maist thou finde one who takes pity of the mascerated people, much lesse who will give help to the miserable; but if there be any who are truely of that minde, or thought to be so, they are judged Rebels, or Traitors, they are banished, and they are compelled to begge even their very food.* 1.552 What? the thing is thus: It seems almost alwayes and in every place the audacitie of Kings, or partly the prevarication, partly the slothfulnesse of the Nobility hath been such, that kings may seem to have usurped that licentiousnesse wherewith most of them at this day seem to wax insolent, by a long prescription of time, but the people may seem to have determined their Authority, or to have lost it by not using it: For so it happens for the most part, that no man takes care for that which all are bound to take care of, that which is committed to all, no man thinks it is commended to him. Yet notwithstanding, against the people, neither this pre∣scription nor prevarication doth any thing. It is a vulgar saying, that no prescrip∣tion can hurt the king, or Exchequer, much lesse all the people, who are potenter then the King, and for whose sake the Prince hath this priviledge; for why else is the Prince only the administrator of the Exchequer, but for the people, the true proprietors as shalbe after proved? Furthermore, is not this a known truth, that no violence, no not in the longest lasting servitude,y 1.553 can be prescribed against liberty? But and if thou objectest, that Kings were constituted by the people, who perchance lived above five hundred yeer since, not by the people extant at this day; I answer, that al∣though kings doe die, the people in the mean time (as neither any other Universitie) never dyeth; for as flowing waters make a perpetuall river, so also the vicissitude of birth and death an immortall people: Therefore as the Rheine, Seine, Tyber, is now the same as it was above a thousand years agoe, so likewise the Germane, French, Roman people are the same, (unlesse Colonies shall have casually intervened) nei∣ther can their right be any wayes changed, either by the flux of water, or change of individuals. Besides, if they attribute the Kingdom received, not to their people, but to their Father, & he to his Grandfather, and so upwards, could he transfer more right to another then himself first had? But and if he could not, (as it is certain he could not) is it not manifest, whatsoever he shall arrogate to himself besides, that he can∣not any more usurp it then any theef? But on the contrary the people have a right of perpetuall eviction. Therefore that the Nobles have been for a long space oppressed in any Kingdom, can no way prejudice the people; but rather, as the servant should not be heard, who in that he hath a very long time detained his Lord captive, should boast, that he was not onely a Free-man, but would likewise arrogate to himself a

power of life and death over his Lord: nor yet a Theefe, who because he hath rob∣bed 30. yeers, or is the sonne of a Theefe, should think himselfe to be without fault, yea rather, by how much the longer he hath been such a one, the more severely should he be punished: So likewise a Prince is not to be heard or endured, who because he hath succeeded to a Tyrant, or hath for a long time used the people like a bond∣slave, from whom he hath received his kingdome, or hath offered violence to the Nobles, should think that what ever ••e lusted should be lawfull to him, and ought to be granted of right. Neither doe yeers substract any thing from the peoples right, but adde to the injury of the King. But what, if the Nobles themselves have col∣luded with the King? what, if in betraying the cause, they have betrayed the people as it were bound, into the hands of a Tyrant? shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the King? whether I say, by this fact is any thing taken away from the liberty of the people, or adjoy∣ned to the licentiousnesse of the Prince? You will say, they may impute it to them∣selves, who made choise of such men of perfidious faith. But yet these are as patrons to patronize the publike profit, and the peoples safety and liberty: Therfore as when an Advocate shall make a compact with the adversary of his Client, concerning the value of the suit as they speake, if he had betrayed his cause, he should not hurt him at all; so this conspiracie of the Nobles, as it were made to the dammage and de∣struction of the people, cannot verily detract any thing from their right; but even they themselves shall fall into the penalty of the Law, which is promulged against prevaricators, and the Law permits the people to chuse another patron, and to prosecute their right againe: For if the Roman people condemned their Emperors to punishment, who at the Caudine Gallowes had dishonourably contracted with the enemies, although by compulsion, and reduced to greatest straits; and judged that they were no wayes obliged by that paction; shall not the people be much lesse bound to suffer that yoke, which not by force, but willingly; not for feare of death, but out of desire of gain, hath been thus treacherously put upon them? Or if those who ought to shake it off shall impose it, or those who might doe it, shall tolerate it?

* 1.554 He hath many other pertinent passages to the same effect, which brevity enjoynes me to omit; those that please may read them at their leisure in the Author himselfe; whose opinion is fortified by Alphonsus Menesius his poems, annexed to his Treatise.

Thirdly, it is abundantly manifest from all the premises; That Kings and Empe∣rours alwayes have been, are, and ought to be subject to the Lawes and Customes of their Kingdomes, not above them, to violate, breake, or alter them at their pleasures, they being obliged by their very Coronation Oathes in all ages and Kingdomes inviola∣bly to observe them. This verily is confesseda 1.555 by K. Iames, by ourb 1.556 K. Charls himself in his late Declarations to al his Subjects; resolved bye 1.557 Bractonf 1.558 Fleta,g 1.559 Fortes∣cue, ourh 1.560 Common and Statute Lawsi 1.561 forecited; by the Year Book of 19. H. 6. 63. a. where Fray saith, That the Parliament is the highest Court which the King hath, and the Law is the highest inheritance which the King hath, for by the Law he himselfe and all his Subjects are ruled; and if the Law were not, there could be no King nor inheri∣tance; This is proued byk 1.562 Stephen Gardiner Bp. of Winchester in his Letter to the Lord Protector; where he writes, That when he was Embassadour in the Emperours Court he was faine there, and with the Emperours Embassadour to defend and main∣taine,

by Commandment* 1.563 in a case of Jewels, That the Kings of this Realme were not above the Order of their Laws, and therefore the Jeweller although he had the kings Bill signed, yet it would not be allowed in the Kings Court, because it was not obtained according to the Law; and generally granted by all our owng 1.564 English Writers, is copiously assert∣ed, and professedly averred by Aristotle, Polit. l. 3. c. 11. 13. Marius Salomonius de Principatii. in sixe speciall Books to this purpose, by Justus Eccardus de Lege Regia, Thomas Garzonius Emporii,h 1.565 Emporiorum, Pars 1. Discursus 1. de Dominiis sect. 6. p. 9, 10. Joannis Carnotensis Episc. lib. 4. Policrat. c. 1. Bochellus Decreta, Eccles. Gal. l. 5. Tit. 1. Cap. 6. 15, 16. Haenon. Disput. Polit. p. 428. to 442. Fenestella de Magistratu, p. 149. Ioannis Mariana de Rege & Regis Instit. l. 1. c 9. (an excellent discourse to this purpose) Petrus Rebuffus, Praefat. ad Rubr. de Collationibus, p. 583, 584. Sebastianus Foxius de Re∣ge, &c. part. 1. p. 108, 109 part. 2. 192 &c. Buckanon de Iure Regni apud Scotos passim, Iunius Brutus Vindiciae contra Tyrannos, quaest. 3. p. 116. to 139. (an accurate discouse to this effect) Grimalius de Optimo Senatore, p. 33. 201, 205. Vasquius contr. Illustr. 16. n. 15. 19. 21. 17. n. 1. ••3. 20. n. 3. 44. n. 3. 73. n. 12. 13 15. 72. n. 7. and elswhere. De Iure Magistratus in subditos, passim, Polanus, in Ezech. p. 824. 854. Pareus in Rom. 13. p. 138. Francis. Hotomani, Franco Gallia. c. 6. to the end of Cap. 20. Sparsim, Governado Chri∣stiano, p. 108. Cunaeus de Republ. Hebr. l. 1. c. 1. 14. Schickardus Ius Regium Hebrae p. 54. Hugo Grotius de Iure Belli, l. 1. c. 4. f. 7. l. 2. c. 14. and elsewhere thorowout his second Book, with infinite others of all sorts: This all good Emperours and Kings in all ages have professed, as these Authors prove. Thus the good Emperour Trajan practised and professed; That the Prince was not above the Laws; Hencei 1.566 Apollonius Thyanaeus writing to the Emperor Domitian, saith, These things have I spoken concerning Lawes, which if thou shalt not think to reignover thee, then thy self shalt not reign: Hencek 1.567 Au∣tiochus the third, King of Asia is commended, that he writ to all the Cities of his King∣dom, if there should be any thing in his Letters he should write, which should seem contra∣ry to the Laws, they should not obey them. And Anastatius the Emperour made this wholesome sanction, admonishing all the Iudges of his whole Republike, that they should suffer no Rescript no pragmaticall sanction, no sacred adnotation which should seem repug∣nant to the generall all Law or the publike profit, to be produced in the pleading of any suite or controversie; enough eternally to shame and silence those flattering Courtiers, Lawy∣ers, Divines, who dare impudently, yea, impiously suggest the contrary into Prin∣ces Ears, to excite them to Tyrannize and oppresse their subjects against their expresse Oathes (inviolably to observe and keep the Laws) their Duties, the very Lawes of God and man; of which more in the seventh and eigth Observation.

Fourthly,* 1.568 That Kings and Emperours can neither anull nor change the Laws of their Realms, nor yet impose any new Laws, Taxes or Impositions on them, without the consent of their People, and Parliaments: This I have largely manifested in the first Part of this Discourse, and the premised Histories, with the Authors here quoted in the three pre∣cedent Observations, attest and prove it fully; for if the whole Kingdom, Parliament, and Laws themselves be above the King or Emperour, and they receivel 1.569 their Sove∣raign Authority from the People, as their publike servants: It thence infallibly follows, that they cannot alter the old Laws which are above them, nor impose new Lawes or Taxes to binde the whole Kingdom, people, without their assents, they being the Sove∣raigne Power. This point being so clear in it self, so plentifully proved in the premises, I shall onely adde this passage out ofm 1.570 Iunius Brutus, to ratifie it;

If Kings cannot

by Law change or extenuate Laws once approved without the consent of the Repub∣like, * 1.571 much lesse can they make and create new Laws; therefore in the German Em∣pire, if the Emperour think any Law necessary, he first desires it in the generall assem∣blies; if it be approved, the Princes, Barons, and Deputies of Cities subsigne it, and then it is wont to be a firme Law: Yea, he swears, that he will keep the Laws Enacted, and that he will make no news Laws but by common consent. In the Kingdom of Poland there is a Law, (renewed, An. 1454, and 1538.) That no new Laws or Constitu∣tions shall be made, but onely by publike consent, or in any place but in Parliament. In the Realm of France, where yet commonly the authority of Kings is thought most ample, Laws were heretofore enacted in the Assembly of the three Estates, or in the Kings ambulatory Councell; but since there hath been a standing Parliament, all the Kings Edicts are void, unlesse the Senate approve them; when as yet the Arrests of that Senate or Parliament, if the law be wanting, even obtain the force of a Law: So in the Kingdoms of England, Spain, Hungarie, and the rest, there is, and of old hath been the same Law: For if Kingdoms depend upon the conservation of their Laws, and the Laws themselves should depend upon the lust of one Homuncio, would it not be certain, that the Estate of no Kingdom should ever be stable? Would not the King∣dom necessarily stumble, and fall to ruine presently, or in a short space? But if as we have shewed, the Lawes be better and greater than Kings, if Kings be bound to obey the Laws, as servants are to obey their Lords, who would not obey the Law rather then the King? who would obey the King violating the Law? who will or can refuse to give ayd to the Law thus infringed?

Fiftly,* 1.572 that all publike great Officers, Judges, Magistrates, and Ministers of all Realms, are more the Officers and Ministers of the Kingdom, than the Kings, and anci∣ently were, and now ought to be of right elected onely by the Kingdom, Parliament, people, and not removable but by them: which is largely proved by Iunius Brutus Vin∣diciae contr. Tyrannos, qu. 1, 2, ••. De Jure Magistratus in Subditos, qu. 5, 6, 7, 8, 9. with others, the Histories forecited, and Hotomani Francogallia, c. 6, 11, 12, 13, 14.

6.* 1.573 That Kings and Emperors have no absolute power over the lives,* 1.574 liberties, goods, estates of their subjects to dispose of them, murther, imprison, or strip them of their possessions at their pleasure; but ought to proceed against them in case of Delinquency according to the known Lawes and Statutes of their Realmes: This truth is abundantly evidenced by all the pre∣mises; by Magna Charta, c. 29. and all Statutes, Law-Books in affirmance of it; by resolution of the Judges in Henry 8. his reigne, Brook. Corone 29. That it is Felony to slay a man in justing, and the like, notwithstanding it be done By command of the King, for the command is against the Law; and of Judge Fortescue, 19. H. 6. 63. That if the King grant to me, that if I kill such a man, I shall not be impeached for it, this grant is void and against Law. By Junius Brutus, Vindiciae contra Tyrannos, Quast. 3. p. 136, to 137. and the Treatise De Jure Magistratus in subditos in sundry places, where this undeniable verity is largely proved, confirmed, and by others forecited.

Seventhly,* 1.575 That Emperours, Kings, Princes are not the true Proprietory Lords or Owners of the Lands, Revenues, Forts, Castles, Shipps, Iewels, Ammunition, Treasure of their Empires, Kingdoms, to alienate or dispose of them at their pleasures; But onely the Guardians, Trustees, Stewards, or Supervisors of them for their Kingdoms use and benefit, from whom they cannot alien them, nor may without their consents or privities law∣fully

dispose of them or any of them, to the publike prjudice; which if they doe their grants are void and revocable. This propositionn 1.576 formerly ratified by many reasons, au∣thorities, & sundry Historicall Passages in this Appendix, is not only evident by the Me∣tropolitans usuall speech to all elected Kings, (prescribed by the Roman Pontificall, rati∣fied by the Bull of Pope Clement the eight,o 1.577 where the Metropolitan, when any King is presented to him to be Crowned, first demands of the Bishops, who present him; Do you know him to be worthy of and profitable to this dignitie? to which they answer, We know and beleeve him to be worthy and profitable to the Church of God, and for the Govern∣ment of this Realme: After which the Metropolitan among other things, useth this Speech unto him, Thou shalt undeniably administer Iustice, without which no society can continue towards all men, by rendring rewards to the good, punishment to the evill, &c. and shalt so carry thy self that thou maist be seen to reign not to thine own, but to all she peo∣ples profit, and to expect a reward of thy good deeds, not in earth but in heaven; which he immediately professeth with a solemn Oath, to perform to the uttermost of his power and knowledge;) but likewise professedly maintained by Iustus Eccardus de Lege Regia, Marius Salamonius de Principatu, Hugo Grotius de Iure Belli, & Pacis, l. 1. c. 4 sect. 10. Lib 2. c. 13. 14. Hotomani Franco-Gallia, c. 6. 10. 14. Ruibingius, l. 2. Class. 11. c. 8. n. 26. Ioannis Mariana, Hist. l. 10 c. 16. l. 27. c. 11 l. 35. c 16. Albericus Gentilis, de Iure Belli, l. 3. c. 15. Cuiacius, c 33. de Iure Iurando, Decius, Cons. 564. 689. Cephalus, Concil. 618. Alciatus, l. 3. de v. s. l. 15. C. de pact. Baldus Proaem. Digest. and by Iunius Brutus Vindi∣cia contra Tyrannos, qu. 3. p. 136. to 256. who handles this question professedly, Whether that the King be the proprietory Lord of the publike Royall Patrimany of his Kingdom, or the Vsufractuary of it? determining cleerly that he is not. I shall transcribe the most of his Dicourse;

This Head we must handle a little more accurately. This is first to be observed, that the Patrimony of the Exchequer is one thing, of the Prince ano∣ther thing; I say, the things of the Emperour, King, Prince are one thing, the things of Antonine,p 1.578 Henry, Philip another: The things of the King are those, which he as king possesseth; the things of Antonine, those which he hath as Antonine, and those verily he received from the people, the other from his Parents. This distinction is frequent in the Civill Law, wherein the patrimonie of the Empire is said to be one thing, of Caesar another, the Exchequer of Caesar one thing, the Treasury of the Re∣publike another, the Treasurer of Caesar one person, of the Emperiall Exchequer ano∣ther, the Courts of sacred donations, others from those of private things; so that he who as Emperour is preferred before a private man in a pledge, may sometimes be placed after him as Antonine. Likewise in the German Empire, things of Mari∣milian of Austria are one kinde of things, of Maximilian the Emperour another; the Treasurers of the Empire others, and of himself other from them; Likewise by another Law, the hereditary possession of Princes are different, from those which are annexed to the dignities of the Electorship. Yea, even among the Turks the Patri∣moniall Grounds or Gardens of Selymus are one thing, the fiscall Ground another; and those verily are spent on the Princes Table, these onely in sustentation of the Empire. Yet there are Kingdoms, as the French, English, and the like, wherein Kings have no private Patrimonie, but onely the Republike received from the people, in which therefore this distinction is not used. Now as for the private goods of Prin∣ces, if there be any, there is no doubt but they are the proprietors of them, no other∣wise then private Citizens; and by the civill Law they may sell and divide them

at their pleasure; But verily of the Exchequer, Kingdom, Royall Patrimony, which is usually called Demesnes,* 1.579 they can with no reason be called the proprietory Lords. For what? whether because one hath made thee a Shepheard for his Flocks sake, hath he delivered it thee to fley, divide, doe with it, and strike it at thy pleasure? whether because the people have constituted thee a Captain or Judge of some Citie or County, have they given thee power of alienating, selling destroying that Citie or County? And surely there is made an alienation of the people together with the Re∣gion or Countie, have they therefore given thee authority of severing, prostituting, enslaving them to whom thou wilt? Furthermore, is the Royall dignitie a possession, or rather a function? If a function, what community hath it with a propriety? If a possession, whether not at least such an one, that the same people by whom it is de∣livered, may perpetually retain the propriety to it self? Finally, if the patrimonie of the Eschequer, or demaines of the Republike, be truely called a Dower, and truely such a Dower, by whose alienation or delapidation both the Republike it self and Kingdom, and king himself finally perisheth; by what law at last, shall it be law∣full to alienate this Dower? Therefore let Wenceslaus the Emperour be infatuated, let Charles the sixth king of France be distracted, and give or sell the kingdom or a part thereof to the English; let Malchom king of Scotland prodigally spend the Crown land, and royall Treasure, what will follow? Those who have chosen a king against the invasions of Forraigners, by the folly or madnesse of the king shall be made the servants of Forraigners; those who by this means would severally desire to secure their Estates, shall all of them together be exposed to a prey; those things which every one shall take from himself or from his pupils, as in Scotland, that he mightendow the Commonwealth, some Bawd shall riotously consume. But if, as we have already often said, kings be created for the peoples use, what use at all shall there be, if not onely the use, but even the abuse be granted? To whose good are so many evils? to whose benefit so many losses, so many perils? If, I say, whiles I de∣sire to look after my liberty or safetie, I make my selfe a slave, I expose my selfe to the lust of one man, I put my self into Fetters and Stocks? Therefore we see this Law, as it is infused by nature, so likewise it is approved by use almost among all Nations, that it is not lawfull for the king to diminish the Commonwealth at his pleasure; and he who doth contrary, is censured to play not the king, but Tyrant. Certain∣ly where kings were created, there was a necessity to give them some Revenues, by which they might both support their Royall State, but most principally sustain the Royall burthens, for so both honesty and profit seemed to require. It pertained to the Royall Office to see Judges placed every where, who should not take gifts, and who should not prostitute the Law to sale; Moreover, to provide a force ready at hand which should assist the Law when ever there should be need; to preserve the wayes safe, Commerce safe, &c. but if warre were feared; to sortifie Cities with a Garrison, to inviron them with a Trench against enemies, to maintain an Army, to furnish Armories. Now this is a know proverb, that peace cannot consist without warre, nor war without souldiers, nor souldiers without wages, nor wages without tribute: Therefore to sustaine the burthens of Peace, the demesne was instituted, (which among the Lawyers is called Canon) to defray the charges of warre, tribute; yet so, as if some more heavy charge should accrue, an extraordinary ayde given by Parlia∣ment should supply; the end of all which verily, is the good of the Commonwealth,

so as he that converts it to his private use, is plainly unworthy the name of a king. For a Prince,* 1.580 saith Paul, is the Minister of God for the peoples good, and Tributes and Customes are paid to him, that he may continually attend thereto; And truely heretofore almost all Customs of the Romanes seem to have had this Originall, that the precious Merchandize used to be brought out of India, Arabia, Aethiopia might be secured against piraticall invasions,* 1.581 for which cause a Navie was furnished; of which kinde was the tribute of the Red-sea,* 1.582 Pedatica, Navigia, Portoria, and the rest; that the publike wayes, (which were therefore called Pretorian, Consular, Royall) should be rendred safe from theeves plain and easie; which charge even now lieth upon the kings Attorny; that the publike Bridges should be repaired, as ap∣pears out of the Constitution of Lewes the godly; twelve over Seyne; that Ships should be ready at hand to transport men over Rivers, &c. There were no Tributes of Saltpits, yea, most of them were in the Dominion of private men; because what things nature did voluntarily give, they thought ought no more to be sold, then Light, Ayre, water. And whereas a certain King named Lycurgus, had begun to impose a Tax on Salt pits, as if nature would not suffer her liberality to be restrain∣ed, they are said to have been presently dried up; although at this day, If we beleeve Palphur or Armilot, Whatever good,* 1.583 or faire thing can be got Out of the Whole Sea, in each Realme it flowes, Some custome to the Kings Exchequer owes.

He who first instituted this custome at Rome, was Livius Censor, whence he obtai∣ned the surname of Salinator, which he did for the most present necessity of the Com∣monwealth. For that very cause truly, King Philip obtained it onely for five yeares, whose continuation what commotions it hath produced, every man know∣eth: Finally, that tributes were instituted to pay Souldiers wages in warres, ap∣peares even from this, that to make a Province stipendary or tributary, is the selfe∣same thing indeed.* 1.584 Thus Solomon imposed Tributes to fortifie Cities, and to furnish a publike Armory, which because they were finished, the people under Rehoboam desired to be eased thereof: Yea, the Turkes themselves call the Tribute of Prin∣ces, The sacred blood of the People, which profusely to spend, or to convert to any other use, but to defend the people, is a cursed act. Therefore what things soever a King acquires in warres in every Nation, because he gaines it by the common trea∣sure, he acquires it to the people, not to himselfe, as a factor doth to his Master: Moreover if perchance he gaine any thing by marriage (which I say, is pure and simply his wives) he is thought to acquire it to the Kingdome, because he was pre∣sumed to marry that wife, not as he is Philip or Charles, but as he is King. On the contrary, as Queenes have part of those things which their husbands not yet co∣opted into the Kingdome have gained during the marriage; so plainly they have no part of those things they get after they have obtained the Kingdome, because they are reputed gained to the publike Treasures, not to the private meanes of the King, which was judged in the Realme of France, between Philip Valoyes and Ioan of Burgundy his wife. Now, lest the monies should be extorted to some other use, the Emperour sweares, that he will impose no customes, nor enjoyne no taxes, but by

the Authority of a publike Assembly. The Kings of Poland, Hungary, Denmarke, England doe the like out of the Lawes of Edward the first. The French Kings here∣tofore demanded Tributes in the Assemblies of the three Estates; Hence also is that Law of Philip Valoyes; That impositions should not be imposed but upon great and urgent necessity, and that by the consent of the Three Estates: Moreover in times past those taxes were laid up in Castles throughout every Diocesse, and delivered to selected men (they even now call them Elected) to be kept, by whose hand the Sol∣diers enrolled in every Town, should receive their wages, which was also usually done in other Countries, as in the Belgick; At this day at least, whatsoever things are commanded, are not confirmed, unlesse the Parliament consent. Now there are some Provinces, which are not bound by covenant, but by the consent of the Estates, as Languedoc, Britain, Province, Dolphenie, and some others; and in the Nether∣lands clearly all. Finally, lest the Eschequer, swelling like the spleen, whereby all the other Members do pine away, should draw all things to it self, every where a due proportion is allotted to the Eschequer. Since therefore at last it appeares, that the tributes, customes, demesall, that which they call demesnes, (under which names Portages, Imposts, Exposts, Royalties, wrecks, forfeitures, and such like are comprehended) which are ordinarily or extraordinary given to Kings, were conferred on them for the benefit of the people, and supportation of the king∣dome, and so verily; that if these nerves should be cut in sunder the people would fall to decay, these foundation being under-mined, the Kingdome must needs fall to the ground; it truely followes, that he who to the prejudice of the people burthens the people, who reaps a gain out of the publike losse, and so cuts their throat with their own sword, is not a King, but a Tyrant: contrarily, that a true King, as he is a survey or of the publike affaires, so likewise an Administrator of the publike riches, but not a proprietary Lord, who can no more alienate or dissipate, the Royall De∣mesnes, then the kingdome it selfe; but if he shall demene himselfe otherwise; ve∣rily as it is behoovefull to the Republike, that every one should use his own proper goods well, much more is it beneficiall for the Commonweal, that every one should use the publike estate well. And therefore if a Lord who prodigally spends his E∣state, is by publike authority deduced to the Wardship of his kinsmen, and Family and compelled to abstaine from his possessions; then truly much more justly, the Gardian of the Republike, who converts the publike Administration of all wealth into the publike destruction, or utterly subverts it, may justly be spoiled, by those whom it concernes, and to whom it belongeth out of Office, unlesse he desists up∣on admonition. Now that a King in all lawfull Empires is not a proprietary Lord of the Royall patrimony, is easie to be manifested. That we may not have recourse to those most ancient ages, whose Image we have in the person of Ephron king of the Hittites,* 1.585 who durst not verily sell his field to Abraham, without the peoples con∣sent; that very law is at this day used in all Empires. The Emperour of Germany before he is Crowned,* 1.586 sacredly swears, That he will alienate, distract, or morgage nothing of those things which appertain to the Empire, and the patrimony of the Em∣pire; but if he recovers or acquires any thing by the publike Forces, that it shall come to the Empire, not to himself. Therefore when Charles the fourth, that Wen∣ceslaus his sonne might be designed Emperor, had promised an 100000 Crowns to every one of the Electors, and because he had no ready monies, had obliged to them

by way of pawne to this end, the Imperiall Customs, Tributes, Townes, Proprieties and Rights; there arose a most sharp dispute about it, and the most judged the mor∣gage to be void; which verily had not availed, unlesse that morgage had been gain∣full to those very men,* 1.587 who ought to defend the Empire, and principally to oppose that morgage: Yea, therefore Wenceslaus himself was compelled, as incapable, to de∣prive himself of the Empire,* 1.588 because he had suffered the Royall Rights, especially the Dukedome of Millain to be taken from him. In the Polish kingdom there is an anci∣ent Law, of not alienating the Lands of the Kingdom of Poland, renewed An. M.CCCLXV by king Lewes: There is the same Law in the Realm of Hungary, where we reade, that Andrew king of Poland,* 1.589 about the year M. CCXXI. was accused before Pope Ho∣norius the third, that neglecting his Oath, he had alienated the Crown Lands. The like in England in the Law of K. Edward, An. M.CCXCVIII. Likewise in Spain by the Constitution made under Alphonso, renewed again MDLX in the Assembly at Toledo; which Lawes verily were enacted, when as custome for a long time before had obtained the force of a Law. But verily in the kingdome of France, wherein, as in the pattern of the rest, I shall longer insist, this Law was ever sacrosanct: It is the most ancientest Law of the Realme, I say, the Law born with the Kingdom it self, Of not alienating the Crown (or demesne) Lands,* 1.590 renewed in the year M, D, 66. although it be ill observed. Two cases onely are excepted, Panage or Apennage (ali∣ments) to be exhibited to his children or brethren, yet so as the clintelary right be alwayes retained; again, if warlike necessitie require it, yet with a pact of reddition, Yet in the interim both of them were heretofore reputed void,* 1.591 unlesse the Assembly of the three Estates had commanded it; but at this day, since a standing Parliament was erected, it is likewise void, unlesse the Parliament of Paris, which is the Senate of Peers, and the Chamber of publike accounts shall approve it, and the Presidents of the Eschequer also by the Edict of Charles the 6 and 9.* 1.592 And this is so farre forth true, that if the ancient Kings of France would endow any Church, although that cause then seemed most favourable, they were bound to obtain the consent of the No∣bles; as king Childebert may be for an example, who without the consent of the French and Normans, durst not endow the Monastery of S. Vincents in Paris, as nei∣ther Clodoveus the second, and the rest. Moreover, they cannot release the Royal∣ties, or the right of nominating Prelates to any Church; but if any have done it, as Lewes the eleventh in favour of the Church of Sennes, and Philip the fourth of Augi∣ers, Philip Augustus of Naverne, the Parliament hath pronounced it void. The king of France, when he is to be Crowned at Rheimes, sweares to this law, which if he shall violate, it avails as much as if he contracted concerning the Turkish or Persian Empire.* 1.593 Hence the Constitutions, or as they callit, the Statutes of Philip the sixt, John the 2^d, Charles the fift, sixt, eight, of resuming those things which were alienated by their Ancestors, (of which resumptions there are many instances cited by Hugo Grotius de Jure Belli & Pacis, l. 2. c. 14. n. 12. 13. & Adnotata Ibid.) Hence in the As∣sembly of the three Estates at Towres (An. 1323. 1360. 1374. 1401. 1483.)* 1.594 in which Charles the eight was present, many Towns of the alienation of Lewes the eleventh his Father, which he had by his own Authoritie given to Tancred Castellan, who de∣merited well of him, were taken from his Heirs; which even in the last assembly of the three Estates held at Orange, was again decreed. Thus concerning publike Lands. But that it may the more evidently appeare, that the kingdome is preferred before

the king, that he cannot by his private Authoritie diminish the Majestie which he hath received from the people,* 1.595 nor exempt any one from his Empire, nor grant the right of the Soveraign Dominion in any part of the Realm; Charles the great once endeavoured to subject the Realm of France to the German Empire; but the French vehemently withstood it,* 1.596 a certain Vascon Prince making the Oration: The mat∣ter had proceeded to Arms, if Charles had proceeded further. Likewise, when some part of the Realm of France was delivered to the English, the supreme right was al∣most perpetually excepted; but if Force extorted it at any time, as in the Brittish League, wherein king Iohn released his Soveraign Right in Gascoigne and Poytiers, the king neither kept his Contract, neither could or ought he more to keep it, then a Captain, Tutor or Guardian, as then he was; who that he might redeem himselfe, would oblige the goods of his Pupils. By the same Law the Parliament of Paris rescinded the agreement of the Flusheners, wherein Charles of Burgundy extorted Ambian,* 1.597 and the neighbour Cities from the king; and in our time the agreement of of Madrit, between Francis the first a Captive, and Charles the fift the Emperour, concerning the Dukedome of Burgundy was held void; and the Donation of Charles the sixt of the kingdom of France by reason of death, conferred on Henry king of England, may be one apt argument of his extreme madnesse, if others be wanting. But that I may omit other things which might be said to this purpose,* 1.598 by what right at last can a king give or sell his kingdom or any part thereof, seeing they consist in the people, not in the walls? now there is no sale of free men, when as Land-Lords cannot so much as constrain their free Tenants, that they should settle their Houshold in any other place then where they please; especially seeing they are not servants, but Brethren; neither onely are all kings Brethren, but even all within the Royall Dominion ought to be so called.

But whether if the king be not the proprietorie of the Realme,* 1.599 may he not at least be called the usufructuary, or receiver of the profits of the Crown Lands? Truely, not so much as an usufructuary. A usufructuary can Pawn his lands, but we have proved, that kings cānot morgage the Patrimony of the Crown. A fructuary can dispose or give the profits at his pleasure; contrarily, the great gifts of the king are judged void, His unnecessary expences are rescinded, his superfluous cut off; what ever he shall con∣vert into any other but the Publike use, he is thought to have violently usurped. Nei∣ther verily is he lesse obliged by the Cincian Law, then any private Citizen among the Romanes, especially in France where no gifts are of force without the consent of the Auditors of the Accounts. Hence the ordinary Annotations of the Chamber under prodigall kings; This Donation is too great, and therefore let it be revoked. Now this Chamber solemnly swears, that whatsoever rescript they shall at any time receive from the king, that they will admit nothing which may be hurtfull to the kingdom and Commonweale. Finally, the Law cares not how a Fructuary useth and enjoyeth his profits; contrarily, the Law prescribes the king in what manner, and unto what use he ought to put them. Therefore the ancient kings of France were bound to divide the Rents into four parts; one part was spent in sustaining the Mini∣sters of the Church, and the poor, another upon the kings Table, the third on the Wages of his houshold servants,* 1.600 the last in the repaire of royall Castles, Bridges, Houses; the residue, if there were any, was laid up in the Treasury. Verily what stirs there were about the year 1412 in the Assembly of the three Estates at Paris, be∣cause

Charles the sixt had converted all things into his and his Officers lusts, and that the Domestick accounts, which before had not exceeded 94 thousand French Crowns in such a miserable estate of the republike, had increased to the sum of five hundred and forty thousand Crowns, is sufficiently evident out of Histories: Now as the rents of the Crown were thus lessened, so also the oblations and subsidies were spent upon the Warre, as the taxes and tallages were onely destinated to the sti∣pends of Souldiers. In other Realms the King verily hath not any more Authority, yea, in most he hath lesse, as in the Germane and Polish Empire: But we would therefore prove this to be so in the Realm of France, lest by how much any man dares to doe more injury,* 1.601 by so much also he might be thought to have more right. In summe, what we have said before, the name of a King sounds not an inheritance, not a propriety, not a perception of profits, but a function, a procuration. As a Bishop is instituted for the cure and salvation of the soul, so the King of the body, in those things which pertain to the publike goods; as he is the dispenser of sacred goods, so the King of prophane, and what power he hath in his Episcopall, the same, and no greater hath the King in his dominicall Lands; the alienation of the Episcopall Lands without the consent of the Chapter, is of no validitie, so neither of the Crown Land without a publike Parliament or Senate of the Estates; Of sacred revenews one part is designed to aedifices, another to the poor, a third to Companions, a fourth to the Bishop himself; the same verily almost we see the King ought to do in dispen∣sing the revenewes of the Kingdom. It hinders not, that the contrary every where is at this day usurped: For the duty of Bishops is not any way changed, because many Bishops sell those things from the poor, which they spend upon Bawds, or wast all their Mannors and Woods; nor yet that some Emperours have attributed all kinde of power to themselves, for neither can any one be judge in his own Cause. But if any Cararalla hath said, That so long as his sword remains, he would want no money; A∣drianus Caesar will also be present, who shall say, That he would manage the Principa∣lity, * 1.602 so as all should know, that it was the peoples goods, or inheritance, not his own; which one thing almost distinguisheth a King from a Tyrant: Not, that Attalus King of Pergameni, ordained the people of Rome Heirs of his Realme; that Alexander be∣queathed the kingdom of Aegypt, Ptolomie of the Cyrenians, to the people of Rome, or Prasutagus of the Iceni to Caesar; verily this great power cannot debilitate the force of the Law, yea, by how much the greater it is, by so much the lesse it hurts our law; for what things the Romanes seized upon by pretext of law, they would not∣withstanding have seized on by force, if that pretext had been wanting: Yea, we see almost in our times, the Venetians, by pretext of a certain imaginary adoption, which without force had been plainly ridiculous,* 1.603 to have taken the Kingdom of Cy∣prus. Nor yet doth the Donation of Constantine to pope Sylvester hinder, for this Chaffe seemed absolete long since to Gratian, and is damned to the fire. Not the donation of Lewes the godly to Paschall, to wit, of Rome, with part of Italy, because Pius gave that which he possessed not, and no man resisted; But Charles, his Father, willing to subject the Realm of France to the German Empire, the French resisted him by law;* 1.604 and if he had gone further, they prepared to resist by sorce Not, that Solomon as we read, delivered twenty cities to Hiram King of Tyre, for he did not give them, but pawned them as a Creditor till he paid him, and within a short time recovered them, which appears out of the Text; Moreover also they were barren grounds, til∣led

by Reliques of the Heathens, which he receiving again from Hiram, gave them at last to the Israelites to be tilled and inherited. Neither can this more hinder, that in certain Kingdoms this condition perchance doth not so expresly intervene betweene the King and his people;* 1.605 for albeit it were not at all, yet it appears by the law of Nati∣ons, that Kings are not subverters, but Moderators of the Republike, that they cannot change the right of the Commonwealth by their pactions; that they are Lords onely when they take care of their Pupils, that they are to be accounted no other then Guardians; and that he is not to be esteemed a Lord, who spoils the City with liberty, and selleth it like a slave. Not finally, that certain Kingdoms are gain∣ed by Kings themselves, for they acquired not Kingdoms by their owne, but by publike hands, forces, treasures; now nothing is more consonant to reason, then that those things which are gotten by the publike riches, and common dangers of the Ci∣tizens, should not be alienated without common consent, which holds place even amongst Theeves themselves; he destroyeth humane society, who doth the contrary: Therefore though the French have by force seized on the German Empire, and they also on the Realm of France, yet the same law holds in both. In sum, at last we ought to determine, that Kings are not Proprietors, nor Fructuaries, but onely Admini∣stratours; and since it is so, that verily they can much lesse attribute to themselves the propriety and profits of every mans private Estate, or of the publike wealth which belongeth to every Town.

Thus and much more this accute learned Lawyer, to the conviction and refutation of all opposite Ignoramusses in this case of grand concern∣ment, which will put a period to our unhappy controversies concerning the Militia, (* 1.606 formerly discussed) without further debate.* 1.607

Eighthly, That Emperours and Kings are most solemnly obliged by a Covenant and Oath, usually made to, and before all the people at their Coronations, to preserve their peoples lawes, liberties, lives, estates; by breach whereof in a wilfull excessive man∣ner, they become perjured Tyrants, and the people and Magistrates are in some sort there∣by absolved from their Allegiance, and all obedience to them.

This is evidently and plentifully confirmed by theq 1.608 forecited Coronation Oathes, and Covenants of our own English Kings to their subjects, by De Jure Magistratus in Subditos, quaest. 10. p. 321. 322. and quaest 6. p. 260. to 300. Andrew Favine his Thea∣tre of Honour, lib. 2. c. 11. 24. Francisci Hotomani Franco-gallia, cap. 6. 10. &c. Hugo Grotius de Jure Belli & Pacis, l. 2. c. 13. 14. Pontificale Romanum, Romae 1611. fol. 162, 163. Descripti•• Coronationis Maximiliani Imperatoris, Anno 1486. inter reruns German Scriptores, Tom. 3. p. 32. Olaus Magnus de Gent. Septentrionalibus Hist. l. 14. c. 6. Laur. Bochellus decreta Ecclesiae Gallicanae, l. 5. Tit. 2. c. 1. p. 703. M. John Seldens Titles of Honour, part. 1. ch. 8. sect. 5. p. 198. 214. 225. 226. (where the Coronation, Oathes of the Emperour, French King, of all the Northern Kings, and of most Elective and Successive Kings and Queens to their Subjects, are at large recorded:) Alhusius Polit. c. 4. Justus Eccardus de Lege Regia; Thomas Aquinas de Reg. Prin∣cipis, c. 6. & 2. qu. 2••. 12. art. 2. Iohn Ponet Bishop of Winchester in his Politicall Go∣vernment. Arnisaeus de Authoritate Principum, p. 50. to 123. Sparsim. Vasquius contro. Illustr. passim. Ioannis Mariana de Rege & Regis Instit. l. 1. c. 6. 7. 9. Georg. Buchanon de Iure Regni apud Scotos. Simancha Pacensis de Catholica. Instit. Tit. 23. n. 11 p. 98. Franciscus Tolletus in summa l. 5 c. 6 Huldericus Zuinglius; Explan. Artic. 40. 41. 42. And, to omit all others, Iunius Brutus in his Vindiciae contra Tyrannos, quaest. 3. p. 156.

to 167. with whose words I shall fortifie and irradiate this position:

We have said, that in constituting a King a double Covenant is entred into; the first between God, the King and people, of which before; the second, between the king and the people, of which we are now to treat. Saul being ordained king, the royall law was delivered to him,* 1.609 according to which he should rule. David made a Covenant be∣fore the Lord in Hebron; that is, calling God to Witnesse, with all the Elders of Israel, who represented all the people, and then at last he was annointed king. Ioas also made a Covenant with all the people of the land in the house of the Lord, Iehoia∣da the high Priest going before them in words: Yea, the testimony is said to be imposed on him together with the Crown; which most interpret the Law of God, which every where is called by that name. Likewise Iosiah promised, that he would observe the Precepts, Testimonies and Statutes comprized in the book of the Cove∣nant; by which names we understand the Lawes which appertained as well to pie∣ty as to justice. In all which places of Scripture, a Covenant is said to bee made with all the people, the whole multitude, all the Elders, all them ••n of Iudah; that we may understand, which is likewise severally expressed, not onely the Princes of the Tribes, but likewise all the Chi••arkes, Centurions, and inferior Magistrates were present, in the Name of the Cities, which every one a part by themselves made a Co∣venant with the king. In that Covenant they consulted of creating the king, for the people did make the king, not the king the people. Therefore there is no doubt, but the people made the Covenant, and the King promised to perform it. Now the part of him that makes the Covenant is reputed the ••etter Law: The people demanded of the King, whether he would not rule justly and according to the Lawes? Hee promised that he would doe so: whereupon the people answered, That hee reigning justly, they would faithfully obey him. Therefore the King promised absolutely; the people, but upon condition; which if it were not fulfilled, the people by the Law it selfe should bee reputed absolved from all obligation. In the first covenant or Pact, Pietie comes into the obligation, in the second, Iustice: In that, the king pro∣miseth, that he will seriously obey God; in this, that he will justly rule the people▪ in that, that he will take care of the glory of God; in this, of the benefit of the people; in that there is this condition, If thou shalt observe my Law; in this, If thou shalt render Iustice to every one: Of that, if it be not fulfilled, God properly is the avenger; of this, lawfully all the people, or the Peers of the Realm, who have taken upon them to defend all the people.* 1.610 Now in all just Empires, this hath been perpetually observed. The Persians having duely finished their sacrifices, made this agreement with Cyrus, Thou first. O Cyrus, if any make warre with the Persians or violate the Lawes, doest thou promise to ayde thy Countrey with all thy might? And as soon as he had promi∣sed. We Persians, say they, will be aiding to thee, if any will not obey thee, defending thy Countrey:* 1.611 Xenophon calls this agreement 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, that is, a Confederati∣on, as Socrates an Oration of the duty of Subjects towards their Prince 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: Between the kings of Sparta and the Ephori, a Covenant was renewed every month; and as the kings did swear,* 1.612 That they would reign according to the Laws of the Coun∣trey; so the Ephori, If they did so, that they would establish the Kingdom in their hand. Likewise in the kingdom of the Romanes, Romulus made this contract with the Se∣nate and people, That the People should make Lawes, that the king himself would keepe the Lawes made; That the People should decrée Warre, himself wage it.

And although many Emperours obtained the Empire of the Romans rather by force and ambition, then by any right, and by the Royall Law, as they call it, arrogated all kinds of power to themselves; yet the** 1.613 fragments of that Law, which are extant as well in Books as in Roman inscriptions, sufficiently teach; that a power was granted them, of caring for and administring, not of subverting the Common-weal and oppressing it by tyranny. Moreover, even good Emperours professed, that they were bound by the Lawes, and acknowledged their Empire received from the Se∣nate, and referred all the weightiest affaires to the Senate, and they judged it unlaw∣full to determine any thing of great publike concernment without their aduice. But if wee behold the present Empires, there is not one of them which may be thought worthy of that name, wherein there is not some such Covenant interve∣ning between the Prince and Subiects. In the German Empire, not long since, the King of Romanes being to be crowned Emperour, was wont To make Fealty and Homage to the Empire, no otherwise then a vassall (or tenant) to his Lord, when he received investiture of his Lands. And although the conceived words, to which he sware,* 1.614 be a little changed by Popes, yet the same thing remains perpetually. Therefore we know that Charles the 5. of Austria was created Emperour upon cer∣tain Lawes and conditions, as likewise others, who have succeeded him; of which the summe was; That he would keep the Lawes enacted; That he would make no new Lawes, without the Electors consents; that he would determine publike affaires in a publike Counsell; that he would alienate or pervert none of these things which per∣tained to the Empire; with other things which are severally recited by Historia∣graphers: And when as the Emperour is crowned at Achen, the Archbishop of Colen first demands of him;* 1.615 Whether he will not defend the Church, administer ju∣stice, preserve the Empire,, protect Widowes, Orphans, and all worthy of pitty? which when he hath solemnly sworn to perform before the Altar, the Princes and those who represent the Empire, are demanded, whether they will promise to fealty him? Nei∣ther yet is he first annointed, or receives a sword, (of purpose to defend the Repub∣like) or other Ensignes of the Empire, before that he shall have taken that Oath. From whence verily it is manifest, that the Emperour is purely obliged, the Princes of the Empire upon condition onely.s 1.616 No man will doubt but that the same is obser∣ved in the kingdom of Poland, who shall understand the ceremonies very lately ob∣served in the Election and Coronation of Henry of Angiers: especially, the condi∣tion propounded to him of conserving both Religions, as well the Evangelicall as Roman, which the Nobles thrice demanding of him in set forme of words, he thrice promised to perform. In the Hungarian, Bohemian, and other kingdomes, which would be over-long to recite, the very same is done. Neither onely, where the right of Election hath continued yet entire hitherto, but likewise where meer succession is commonly thought to take place, the very same stipulation is wont to intervene. When thet 1.617 King of France is crowned, the Bishops of Laudune and Belvace ec∣clesiasticall Peers, first demand of all the people that are present, Whether they desire and command him to be King? Whence even in the very forme it self of in∣auguration, he is said To be elected by the People. When the people Seem to have consented, he sweares: That he will universally defend all the Lawes, Privi∣ledges, and Rights of France, that he will not alienate his demesnes, and the like (I shall here insert the Oath out of Bochellus, Mr. Selden, and others intirely, thus:

Archiepiscopi Ammonitio ad Regem dicendo ita (in the name of all the Clergy.) A vobis perdonari petimus, ut vnicuique de Nobis & Ecclesiis nobis Commissis, Ca∣nonicum privilegium, & debitam legem atque justitiam conservatis, & defensio∣nem exhibeatis, sicut Rex in Regno suo debet unicuique Episcopo, & Ecclesiae sibi Commissae.

Responsio Regis ad Episcopos.

Promitto vobis & perdono, quia vnicuique de vobis & Ecclesiis vobis commissis Ca∣nonicum privilegium, & debitam legem atque justitiam conservabo, & defensionem quantum potuero exhibebo, Domino adjuanente, sicut Rex in suo Regno unicuique E∣piscopo & ecclesiae sibi commissae per rectum exhibere debet.

Item, haec dicit Rex, & promittit & firmat juramento.

Haec populo Christiano & mihi subdito, in Christi nomine, promitto: In primis, Ʋt Ecclesiae Dei, omnis Populus Christianus veram pacem nostro arbitrio in omni tem∣pore servet; & superioritatem, jura, & Nobilitates Coronae Franciae inviolabiliter cu∣stodiam, ET ILLA NEC TRANSPORTABO NEC ALIENABO. Item, ut omnes repacitates & omnes iniquitates omnibus gradibus interdicam. Item, ut in omnibus judiciis aequitatem & misericordiam praeoipiam, ut mihi & vobis indul∣geat per suam misericordiam clemens & misericors Dominus. Item, de terra mea ac jurisdictione mihi subdita universos Haereticos Ecclesia denotatos, pro viribus bona fide exterminare studebo. Haec omnia praedicta firmo juramento.

Tum manum apponat Libro & librum osculetur)

These things, though they have been altered, and are farre different from the ancient forme of the Oath which is ex∣tant in the Library of the Chapter of Belvace, to which Philip the first is found to have sworn; yet notwithstanding they are plainly enough expressed: Neither is the King girt with a sword, annointed, crowned by the Peeres (who even themselves are adorned with Coronets) or receives the Scepter or rod of Iustice, or is proclaimed King,* 1.618 before THE PEOPLE HAVE COMMANDED IT; Neither doe the Peeres themselves swear fealty and homage to him, untill he shall have given his faith unto them, That he will exactly keep the Lawes: Now those are, that hee shall no•• w••ste the publike Patrimony: that he shall not impose nor enjoyn customes, Taxes, Tributes at his owne pleasure, Nor denounce warre, or make peace; Finally, that he shall determine nothing concerning the publike affaires, but in a publike Councell: Also, that the Senate, the Parliaments, the Officers of the Kingdome shall constantly enjoy their severall authorities; and other things which have been alwayes observed in the Realm of France. Yea verily, when he enters into any Province or City, hee is bound to confirm their priviledges, and he binds himselfe by Oath to preserve their Lawes and Customes: Which custome takes place by name among those of Tholouse Dolphenie, Britanny, Province and Rochel; whose agreements with Kings are most expresse; all which should be frustrate, unlesse they should be thought to hold the place of a condition in the contract.* 1.619 Yea Charles the 7. made a peace with Philip Duke of Burgundy (whose Father Iohn he had treacherously slain) with this expresse clause contained in it,* 1.620 confirmed with the Kings own Seale; That if he should break this Agreement, his Tenants, feudataries, and subjects present and to come, should not be thenceforth bound either to obey or serve him, but rather the Duke of Bur∣gundy and his Successours, and that they should be freed and absolved from all the fealty, Oathes, promises, obligations and duties whatsoever, under which they were

unjustly obliged by Charles.

The like we read between King Lewis and Charles the Bald. Yea, Pope Iohn the 22. in the Treaty between Philip the long of France, and the Flemmings, caused it to be set downe,

That if the King did infringe the Treaty, it might be lawfull for his Subjects to take Armes against him; And if was usuall among the first Kings of France in their Treatises with other Princes,* 1.621 to sweare, that if they brake the Treaties made by them, their Subjects shall be free from their obedience, as in the Treaty of Arras and others. The Oath of the ancient kings of Burgundy is extant in these words, I will conserve Law, justice, and protection to all men. In Eng∣land, Scotland, Sweden, Donmarke, there is almost the same custome as in France, and verily no where more directly then in Spain. For in the Kingdome of Arragon, many ceremonies being dispatched between him who represents the justice of Arra∣gon, or publike Majesty, who sits in an higher Throne, and having read the Lawes and conditions, which he is to observe who is to be crowned King. Who doth fealty and homage to him, the Nobles at last speake thus to the King in their owne language; We, who are as powerfull as you (for so the Spanish Idiom imports) and can doe more then you, have chosen you King upon these and these conditions, Betwéen you and us there reignes one greater then you; (to wit, the Iustice of A••ragon.) Now lest he should think he had sworn those things onely perfunctorily, or onely for to observe the old custome, these very words are wont to be repeated every third yeere in the publike Assembly: But if he shall grow insolent trusting to his Royall power, shall violate the publike Lawes, finally, shall neglect the Oath he hath taken; then verily by the Law it selfe, he is deemed excommunicated with that grandest excommunication (or Anathema) wherewith the Church in former times excommunicated Iulian the Apostate; whose force truly is such; that no more prayers may be conceiued for him, but against him; and they themselves are clearly absolved from their Oath and Obligation by that Law, whereby a vassall out of duty ought not to obey an excommunicated Lord, neither is bound to do it by his Oath;* 1.622 which is ratified among them by the Decree both of a Councell, and of a Parliament or publike Assembly. Likewise in the kingdome of Castle an Assembly being summoned, the King that is to be crowned, is first publikely admonished of his duty; after which, most expresse conditions are read, which pertaine to the pro∣fit of the Republike: Then the King sweares, that he will diligently and faithfully observe them; then at last the great Master of the Knights b••nds himselfe to him by Oath, whom the other Princes and Deputies of Cities afterwards follow every one in his order;* 1.623 which also is in like manner observed in Portugall, Le••n, and the o∣ther kingdomes of Spain. Neither verily, were lesser principalities instituted by any other Law. There are extant most expresse agreements of the Brabanders, of the o∣ther people of Belgia, Austria, Carintha, and other provinces, made with their prin∣ces, which verily have the place of conditions; But the Brahanders expresly, that place might not be left to any ambiguity, have expressed this condition. For in in∣augurating their Duke, in ancient conventions, wherein there is almost nothing wan∣ting for the preservation of the Republike, they being all read over before the Duke,* 1.624 they protest openly and plainly to him, that unlesse he shall observe them all, That it shall be frée for them to chuse another Duke at their pleasure: Which conditions he embracing and willingly acknowledging, he then binds himselfe by Oath to observe them, which was also observed in the inauguration of Philip the

last King of Spaine. In sum, no man can deny, but that there is a mutuall binding contract between the King and subjects, to wit, That he raigning well, shall be well obeyed: Which verily is wont to be confirmed with an Oath by the King first••, af∣terwards by the people. Now verily I demand here, why any man should sweare, but that he may shew that he speaks from his heart and seriously? whether truly is there any thing more agreeable to nature, then that those things which have pleased us,* 1.625 should be observed? Moreover, why doth the King swear first, at the peoples stipu∣lation or request, but that he may receive either a tacit or expresse condition? But why is a condition annexed to a contract, but onely to this end, that if it bee not fulfilled, the contract should become voide in Law it selfe? But if through default of per∣forming the condition, the contract be voide in Law it selfe, who may call the people perjured, who shall deny obedience to a King, neglecting that condition which hee might and ought to fulfil & violating that law to which he hath sworn? Yea, who on the contrary would not account the King saedifragous,* 1.626 perjurious & altogether unwor∣thy of that benefit? For if the Law freeth the Vassal from the bond of his Tenure, against whom the Lord hath committed felony or perjury, although the Lord truly doth not properly give his faith to his Vassall, but his Vassall to him: if the Law of the twelve Tables commands a Patron who defrauded his Client to be detestable: if the civil laws permit a villain enfranchised an action against the outragious injury of his Lord; if in these cases they free a servant himself from his Masters power, wheras yet there is only a naturall not civill obligation therein, (I shall adde out of* 1.627 Dejure Magistratus in subditos. ••f in Matrimony, which is the nearest and strictest obligation of all other between men, wherin God himselfe intervenes as the chief Author of the contract,* 1.628 and by which those who were two are made one flesh, if the one party forsakes the other, the Apostle pronounceth the party forsaked to be free from all obligation, because the party deserting violates the chief condition of marriage, &c.) Shal not the people be much more absolved from their Allegiance which they have made to the King, if the King, who first so∣lemnly sweares to them, as a Steward to his Lord, shall break his faith? Yea verily whether if not these Rights, not these Solemnities, not these Sacraments or Oathes should intervene, doth not nature it selfe sufficiently teach, that Kings are constituted by the people, upon this condition, that they should reign well? Iudges, that they shall pronounce Law? Captaines of warre, that they should lead an Army against enemies? But and if so be they rage, offer injury, so as themselves are made enemies, as they are no Kings,* 1.629 so neither ought they to be acknowledged by the people. What if thou shalt say, that some people subdued by force, the Prince hath compelled to swear to his commands? What, say I, if a Thiefe, a Pyrate, a Tyrant, with whom no so∣ciety of Law or Right is thought to be, should with a drawn sword violently extort a deed from any one? Is it not known, that fealty extorted by force bindeth not, especially if any thing be promised against good manners, against the law of na∣ture? Now what is more repugnant to nature, then that a people should lay chaines and fetters upon themselves, then that they should lay their own throats to the sword? then that they should lay violent hands upon themselves? (or which is verily the same thing) promise it to the Prince? Therefore there is a mutuall obligation between the King and people, which whether it be only civill or naturall, tacit, or in expresse words, can be taken away by no agreements violated by no Law, re••••••n∣ded by no force: Whose force only is so great, that the Prince who shall contemp∣tuously

break it, may be truly called a Tyrant, the people who shall willingly in∣fringe, it seditious: So this grand accute Lawyer determines. I shall close up this with the unanimous resolutions and notable decree of the United Netherland Provinces. Anno Dom. 1581. declaring Philip King of Spain to be fallen from the Seigniorie of the Netherlands for his Tyranny and breach of Oath, which is thus recited by Grimstone, and recorded in his generall History of the Netherlands, page 658, to 667.

In the alterations which happen sometimes in an Estate betwixt the Soveraigne Prince and a people that is free and priviledged, there are ordinarily two points, which make them to ayme at two divers ends: The one is, when as the Prince seeks to have a full subjection and obedience of the people, and the people contrariwise re∣quire, that the Prince should maintaine them in their freedomes and liberties, which he hath promised and sworne solemnly unto them, before his reception to the princi∣palitie. Thereupon quarrels grow: the Prince will hold a hard hand, and will seek by force to bee obeyed; and the subjects rising against the Prince, often∣times with dangerous tumults, rejecting his authority, seek to embrace their full li∣berty.

In these first motions there happen sometimes conferences, at the instance of neigh∣bours, who may have interest therin, to quench this fire of division betwixt the Prince and his subjects. And then if any one of the parties groweth obstinate, and will not yeeld, although he seeme to be most in fault, it followeth of necessity, that they must come to more violent remedies, that is to say, to armes. The power of the Prince is great, when thee is supported by other Princes, which joyn with him for the conse∣quence of the example, else it is but small: but that of the people (which is the body, whereof the Prince is the head) stirred up by conscience (especially if the question of Religion be touched) the members ordained for their function, doing joyntly their duties, is farre greater. Thereupon they wound, they kill, they burne, they ruine, and grow desperately mad: but what is the event? God (who is an enemy to all tyranny and disobedience) judgeth quarrels, weigheth them in his ballance of justice, helping the rightfull cause, and either causeth the Prince for his rigour and tyranny to be chased away, and deprived of his estate and principality; or the people for their contempt and rebellion are punished and reduced unto reason; which causeth the alterations to cease, and procureth a peace: whereof we could produce many ex∣amples, both antient and moderne, if the relation of this history did not furnish us sufficiently.

So the generall Estates of the united Provinces,* 1.630 seeing that King Philip would not in any fort (through his wilfulnesse) yeeld unto their humble suite and petitions; and not∣withstanding all the offers they could make to purchase a good, firme, and an assured, peace, (notwithstanding all the intercessions both of the Emperour, the French King, the Queen of England, and other great Princes and Potentates of Christendom) yet would he not give eare to any other reason, but what himselfe did propound: the which the said Estates did not only find unjust and unreasonable, directly repugnant to their liberties, constitutions, and freedomes of the Countrey; but also contrary to their consciences, and as it were so many snares layed to catch them, which were in no sort to be allowed of, nor received, considering the qualitie of their affaires and his, according to the time. In the end, rejecting all feare of his power and threats, seeing

they were forced to enter into all courses of extremity against a Prince, which held himselfe so hainously offended, as no reconciliation could be expected, relying upon the justice and equitie of the cause, and sinceritie of their consciences (which are two brazen bulwarks) they were fully resolved (without dissembling) to take the matter thus advanced in hand, and opposing force against force, meanes against meanes, and practises against practises, to declare him quite fallen from the Seigniorie, prehe∣minence, and authority, which before the troubles, the breach of their priviledges, rights, freedomes, and immunities, so often and so solemnly sworne by him, and dispensation of his Oaths, he had or was wont to have in the said Provinces res∣pectively. Whereof they made open declaration by a publick Edict, the tenour whereof followeth.

The Generall Estates of the untited Provinces of the Netherlands,* 1.631 to all those that these presents shall see, reade, or heare, greeting As it is well known unto all men, that a P••ince and Lord of a Countrey is ordained by God, to bee Soveraign and head over his subjects, and to preseveve and defend them from all injuries, force, violence, even as a shepheard for the defence of his sheep, and that the subjects are not crea∣ted by God for the Prince, to obey him in all he shall command, bee it with God, or against him, reasonable or unreasonable, nor to serve him as slaves and bondmen; but rather the Prince is ordained for his subjects (without the which he cannot be a Prince) to governe them according unto equity and reason,* 1.632 to take care for them, and to love them even as a father doth his children, or a shepheard his sheep, who putteth both his body and life in danger, to defend and preserve them. If the Prince therefore faileth herein, and in stead of preserving his subjects, doth outrage and op∣presse them, depriving them of their priviledges and ancient customes, commandeth and will be served of them as of slaves, they are no longer bound to respect him as their Soveragn Prince and Lord, but to esteeme of him as a Tyrant; neither are the sub∣jects (according unto Law and season) bound to acknowledge him for their Prince;* 1.633 so as without any offence, being done with deliberation and the authority of the Estates of the Countrey, they may freely abandon him, and in his place chuse another for their Prince and Lord, to defend them: especially, when as the subjects by hum∣ble suit, intreatie, and admonitions, could never mollifie their Princes heart, nor di∣vert him from his enterprises an tyrannous designes: so as they have no other meanes left them to preserve their antient libertie, their wives, children and posterity, for the which (according to the lawes of nature) they are bound to expose both life and good; as for the like occasions, we have seene it to fall out often in divers Countries, whereof the examples are yet fresh in memory. The which ought especially to bee of force in these Countries, the which have alwayes been and ought to be governed, according unto the oath taken by their Princes, when they receive them, conforma∣ble to their priviledges and antient customes, having no power to infringe them: besides that, most part of the said Provices have alwayes received and admitted their Princes and Lords upon certaine conditions, and by sworn contracts; the which if the Prince shall violate, hee is by right fallen from the rule and superiority of the Countrey. So it is, that the King of Spaine (after the decease of the Emperour Charles the fifth, his father of famous memory, from whom all these Countries were transported unto him) forgetting the services, which as well his father as himselfe

had received of these Countries, and the inhabitants thereof, by the which especially the King of Spain had obtained such glorious and memorable victories against his enemies, as his name and power was renowned and feared throughout all the world; forgetting also the admonitions which his said Imperiall Majesty had heretofore given him: and contrariwise, hath given eare, beliefe, and credit unto them of the Councell of Spain which were about him; the said Councell having conceived a secret hatred against these Countries and their Liberties (for that it was not lawfull for them to command there, and to govern them, or to merit among them the chiefe places and offices, as they doe in the Realm of Naples, Sicilie, Millaine, at the Indies, and in other Countries which are subject to the Kings command, being also moved thereunto by the riches of the said Countries, well knowne to the most of them:) the said councell, or some of the chiefe of them, have oftentimes given the King to understand, That for his Maiesties reputation and greater authority, it were better to conquer the Netherlands anew, and then to command absolutely at his pleasure, than to govern them under such conditions, which he at his reception to the Seigniory of the said Countries had sworn to observe. The King of Spain follow∣ing this counsell, hath sought all meanes to reduce these countries (spoiling them of their ancient Liberties) into servitude, under the government of Spaniards: having under pretext of Religion sought first to thrust in new Bishops into the chiefe and greatest Townes, indowing them with the richest Abbeyes, adding to every Bishop nine Chanons to serve him as Councellors, whereof three should have a special charge of the Inquisition. By which incorporation of the said Bishops, being his creatures, and at his devotion (the which should happily have been chosen as well of strangers, as of them which were born in the Country) they should have the first place and the first voyce in the assemblies of the Estates of the Country. And by the adiunction of the said Chanons, had brought in the Inquisition of Spain, the which had also bin so abhorred, and so odious in these Countries, even as slavery it selfe, as all the world doth well know: So as his Imperiall Maiesty having once propounded it unto these Countries, upon due information given unto His Maiesty, ceased from any more speech thereof, shewing therein the great affection which he bare unto His Subjects. Yet notwithstanding divers Declarations which were made unto the King of Spain, as well by the Provinces and Townes in particular, as by some other of the chiefe Noblemen of the Country, namely, by the Baron of Montigny, and afterwards by the Earle of Egmont, who by the consent of the Dutchesse of Parma (then Regent of the said Countries) by the advice of the Councell of Estate, and of the Generalty, had to that end been successively sent into Spain: And notwithstanding that the king had by his own mouth given them hope, that (according to their petitions) hee would provide for the contentment of the Country; yet that he had since by his let∣ters done the contrary, commanding expresly, and upon pain of his indignation, to receive the new Bishops presently, and to put them in possession of their new Bi∣shopricks and incorporated Abbeyes, to effect the Inquisition, where they had be∣gun to practise it, and to observe the Decrees and Canons of the Councell of Trent, the which in divers points doe contradict the priviledges of the Countrey. The which being come to the knowledge of the Commons, hath given just occasion of so great an alteration among them, and greatly diminished the love and affection, the which (as good subjects) they had alwayes borne unto the King, and to his pre∣decessours.

For they called chiefly into consideration, that the King not onely pre∣tended to tyrannize over their persons and goods, but also upon their consciences, whereon they held themselves not to be answerable, nor bound to give account to any one but to God only. For this cause, and for the pitty they had of the poor peo∣ple, the chiefe of the Nobility did in the yeare 1566. exhibit certain admonitions by way of a Petition, beseeching him, that for the pacifying of the Commons, and to avoid all tumults and seditions, it would please his Majesty, (shewing the love and affection, which as a mild and mercifull Prince he bare unto his Subjects) to moderate the said points, and especially those which concerned the rigorous Inqui∣sition, and punishments for matters of Religion. And to informe the King more particularly thereof, and with more authority, and to let him understand, how ne∣cessary it was for the good and prosperity of the Countrey, and for the maintenance of peace and tranquility, to abolish and disannull those innovations, and to moderate the rigour of publike Edicts, for matter of Religion; the said Marquesse of Berges and Baron of Montigny, at the request of the said Lady Regent, the Councell of E∣state, and the Generall Estates of all the Countries, went into Spain as Embassadors: whereas the King, instead of giving them audience, and to prevent the inconveni∣ences delivered by them, (the which, for that they were not redressed in time, as urgent necessity required, began in effect to discover themselves throughout the whole Countrey) by the perswasion and advice of the Councell of Spain, hee hath caused all them to be proclaimed Rebels, and guilty of high Treason, and to have forfeited body and goods, that presented the said Petition. And moreover (think∣ing himselfe to be fully assured of the Countrey, by the Forces of the Duke of Alva, and to have reduced them under his full power and subiection) he had afterwards, against the Lawes of Nations, (the which have been in all ages inviolably observed, yea among the most barbarous and cruell Nations, and most tyrannous Princes) imprisoned, and caused the said Noblemen Embassadors to be put to death, confisca∣ting all their goods. And although that all this alteration (which had hapned in the yeare 1566. upon the foresaid occasion) was in a manner pacified by the Regent and her councell, and that the greatest part of them which had presented themselves un∣to her for the Liberty of the Countrey, were retired, or chased away, and the rest brought under obedience: yet not to lose the opportunity which the Councell of Spain had long expected (as it appeared plainly the same yeere 1566. by Letters in∣tercepted, which were written by the Embassador Alana to the Duchesse of Parma) to have meanes under some pretext to overthrow all the priviledges of the Country, and to govern them tyrannously by the Spaniards (as they did the Indies and other Countries which had been newly conquered by them) he by the advice and councell of the said Spaniards (shewing therein the small affection which he bare unto his Subiects of these countries, contrary unto that whereunto he was bound, as their Prince, protector and good Shepheard) sent into these countries the Duke of Alva, very famous for his rigour and cruelty, and one of the chiefe enemies of these coun∣tries, with a councell of the same Humour and disposition. And although that the said Duke of Alva entred with his Army into this countrey, without any let or opposition, and was received of the poore Inhabitants with all reverence and Honour, expecting all mildnesse and clemencie, according unto that which the King had so often promised by His Letters fainedly written; yea, that He was resolved to

come himselfe in person into the Countrey, and to order all things to every mans content; the said King having besides all this (at the very instant of the Duke of Alva his departure) caused a fleet of ships to be armed in Spaine, to bring him hither, and another in Zeeland to goe and meet him (as the bruite was) to the great charge of the Countrey, the better to abuse his poore subjects, and to draw them more ea∣sily into his snares: notwithstanding, the said Duke of Alva presently after his arrivall (although he were a stranger, and not any way of the blood Royall) gave it out, that hee had a Commission from the King, of Governour Generall of the Countrey, the which was quite contrary to the priviledges and antient Customes thereof: and discovering his designes plainly, he suddenly put garrisons into the chiefe Townes and Forts of the Countrey, and then he built Citadels in the richest and strongest Townes, to keep them in subjection. And by commandement from the King (as they said) he friendly called unto him, as well by letters, or other∣wise, the chiefe Noblemen of the Countrey, pretending, that he had need of their councell and assistance, for the service of the King, and the good of the Countrey: who (having given credit to letters) were come unto him, whom, contrary to the priviledges, hee caused to bee carried prisoners out of Brabant, where they had been apprehended, causing their processe to bee informed before him and his Councell (although they were no competent Iudges;) and before any due proofes were made, and the Noblemen that were accused, fully heard in their defences, they were con∣demned to have committed Rebellion, causing them to be publikely and ignomi∣ously put to death. Others, who for that they were better acquainted with the Spa∣niards dissembling, were retired and kept out of the Countrey, were declared Rebels, and guilty of high treason, and to have forfeited bodies and goods: All which was done, to the end the poor inhabitants should not aide themselves in the just defence of their liberty, against the oppression of the Spaniards and their forces, by the help and assistance of these Noblemen, and Princes. Besides, an infinite of Gentlemen and rich bourgers, whereof some he hath put to death, others he had chased away and for∣feited their goods, oppressing the rest of the good inhabitants, as well by the insolence of the souldiers, as by other outrages in their wives, children, and goods; as also by di∣vers exactions and taxes, forcing them to contribute for the building of new Citadels and fortifications of townes, which hee made to oppresse them, and also to pay the hundreth and twintieth peny, for the payment of souldiers, wherof some were brought by him, and others newly levied, to employ them against their Countreymen, and themselves, who with the hazard of their lives sought to defend the liberties of their Countrey: to the end that the subjects being thus impoverished, there should be no meanes to frustrate his designes, for the better effecting of the instructions which had been given in Spain: which was, to use the Countrey as new conquered. To which end, in some places and chiefe Townes, he changed their forme of government, and of justice, and erected new Consuls after the Spanish manner, directly contrary to to the priviledges of the Countrey. And in the end (thinking himselfe free from all feare) he sought to bring in by force a certaine imposition of the tenth peny, upon all marchandise and handi-works, to the absolute ruine of the Commons, whose good and prosperity consists chiefly in traffique and handi-works; notwith∣standing many admonitions and perswasions made to the contrary, as well by every one of the Provinces in particular, as by all in generall. The which he had effected

by force, if it had not beene that soon after by the means of the Prince of Orange, (and a good number of Gentlemen, and others borne in these Countries) banish∣ed by the Duke of Alua, following the party of the said Prince, and being for most part in service, and other inhabitants affected to the libertie of their Coun∣trey, the Provinces of Holland and Zeeland had not revolted, and put themselves under the Princes protection. Against which two Provinces the Duke hath since during his Government, and after him the great Commander of Castile (sent in his place by the King, not to moderate any thing of his Predecessors Tyrannie, but to pursue it more covertly and cunningly than he had done) force those said Provin∣ces, who by their Garrisons and Citadels, were made subject to the Spanish Yoke, to imploy their persons and meanes to helpe to subdue them: yet no wayes easing the said Provinces, but intreating them like enemies, suffering the Spanyards un∣der the colour of a mutinie, in view of the said Commander, to enter by force in∣to the Town of Antuerpe, and there to continue six weeks, living at discretion at the poore Bourgers charge; sorcing them moreover (to be freed from their insolen∣cies) to furnish foure hundred thousand florins, to pay the said Spanyards: which done, the said Souldiers (growing more bold through the sufferance of their Com∣manders) presumed to take Armes against the Countrey, seeking first to surprize Brussels, and in the place of the ancient and ordinary seate of Princes, to make it a nest and den of theeves. The which not succeeding according to their designe, they tooke A lost by force, and soone after forced the Towne of Maestricht. And since being violently entred into Antuerpe, they spoyled it, sacked it, and wasted it with fire and sword, in such sort, as the most barbarous and cruell enemies could not have done more, to the unspeakable losse, not onely of the poore inhabitants, but in a manner of all the Nations of the world, who had their Merchandise, debts, and money there. And although the said Spanyards by a Decree of the Councell of Estate (to whom the King by the death of the great Commander, had conferred the generall Government of the Countrey) were in the presence of Ieronimo de Rhoda, proclaimed enemies to the Countrey: yet the said Rhoda of his owne pri∣vate authority (or as it is to bee presumed, by vertue of some secret instruction which he had from Spaine) took upon him to be the head of the said Spanyards, and their adherents, so as without respect of the Councell of Estate, he usurped the kings Name and Authority, counterfeited his Seale, and carried himself as a Governour, and the Kings Lieutenant in the Countries. The which moved the Estates at the same instant to agree with the Prince of Orange, and the Estates of Holland and Zee∣land: which accord was allowed by the Councell of State (as lawfull Governours) that they might joyntly with their common forces, make warre against the Spany∣ards: Omitting not as good subjects, but by divers humble petitions, to beseech the King to have regard unto the troubles, oppressions and insolencies which had hap∣ned, and were like to follow: and that hee would bee pleased with all convenient speed possible, to command the Spanyards to depart out of the Countrey, and especi∣ally those which had been the cause of the sacke and ruine of the chiefe Towns of the Countrey, and other innumerable insolences and violences which his poore subjects had endured, to the comfort and ease of them which had endured them, and to the example of others: yet notwithstanding; the King (although that he made shew by words, that what had hapned, displeased him, and was against his will, and

that he had an intent to punish the heads and authors, and to provide for the quiet of the Countrey with all clemency, as it behoved a mercifull Prince) hath not one∣ly neglected to punish the said Heads and Authors: but contrariwise, (as it appear∣eth) all was with his consent and former resolution of the councell of Spain, as cer∣tain letters of his, intercepted soon after, do plainly shew: by the which it was written unto Rhoda, and to the other Captains, authors of all the mischiefe, That the King did not blame that action, but did allow thereof, and commend it, pro∣mising to recompence them, especially the said Rhoda, as having done him a singu∣lar service: The which, at his return into Spaine, and to all other ministers of the oppressions that were used in these Countries, he did shew by effect. At the same time, the King thinking the better to blinde the eyes of his subjects, sent into these Countries for Governour Generall, Don Iohn of Austria, his base brother, as being of his blood: who (making shew unto the Estates, that he did allow of the Pacification of Gant, promised to send away the Spanyards, to punish the authors of all insolencies and disorders which had hapned in the Countrey, and to take an order for the generall peace, and the restoring of their ancient liberties) sought to divide the Estates, and to subdue one Countrey after another. By the permission and providence of God, who is an enemy to all oppression, he was discovered by the intercepting of certain letters, where he was commanded by the King to govern himself in these Countries, according to the Instructions that should be given him by Rhoda: and to cover this practice, the King had forbidden Don Iohn to speake with him, commanding him to carry himselfe unto the chiefe Noblemen with all mildenesse and courtesie, to winne their loves, untill that by their assistance and meanes, he might reduce Holland and Zeeland, and afterwards work his will of the other Provinces. Whereupon Don Iohn, notwithstanding that he had solmnly sworn in the presence of all the Estates of the Countrey, to observe the said Pacification of Gant, yet contrary thereunto he sought by meanes of their Colonels (whom he had already at his devotion) and great promises, to winne the Germane souldiers who were then in Garrison, and had the guard of the chiefe Townes and Forts of the Countrey, whereof by that meanes he made himselfe master, holding himselfe assu∣red of those places they held, and so by that meanes to force them that would not joyne with him, to make warre against the Prince of Orange, and them of Hol∣land and Zeeland, and so to raise a more boody and intestine warre, than had been before. But as all things that are treated cunningly and with dissimulation, can∣not be long kept secret, Don Iohns practises being discovered, before hee could effect what he had designed, hee could not bring his conceptions and enterprises to the end that he pretended: Yet he revived a new warre, the which continues unto this day, in stead of rest and an assured peace, whereof hee did so much vaunt at his coming. Which reasons have given us great occasion to forsake the King of Spain, and to seeke some other mighty and mercifull Prince, to helpe to defend these Coun∣tries, and to take them into his protection: and the rather for that these Coun∣tries have endured such oppressions, received such wrongs, and have been forsa∣ken and abandoned by their Prince for the space of twenty years and more; du∣during the which the Inhabitants have beene intreated not as subjects, but as ene∣mies, their naturall Prince and Lord seeking to ruine them by armes. Moreover, after the death of Don Iohn, having sent the Baron of Selles, who (under colour

propounding some meanes of an accord) declared sufficiently, That the king would not avow the Pacification made a Gant (which Don Iohn notwith∣standing had sworne to maintaine) setting downe more hard conditions. Yet for that we would discharge our selves of our duties, wee have not omitted to make humble suite by writing, imploying moreover the favour of the greatest Princes of Christendome, seeking by all meanes without intermission, to re∣concile our selves unto the King; having also of late kept our deputies long at Cologne, hoping there (by the intercession of his imperiall Majestie, and some Princes Electors) to have obtained an assured peace, with some moderate tolle∣ration of Religion (the which doth chiefly concerne God and mens consciences) as the estate of the affairs of the Countrey did then require: But in the end we found it by experience, that nothing was to be obtained from the King, by the Conference at Cologne: and that it was practised and did onely serve to disunite and divide the Provinces, that they might with the more facility vanquish and subdue first one, and then another, and execute upon them their first designes. The which hath since plainly appeared, by a certain proscription, which the King hath caused to be published, whereby we and all the Inhabitants of the united Provin∣ces, and Officers that hold their partie, are proclaimed Rebels, and to have forfeit∣ed lives and goods: Promising moreover, a great summe of money to him that should murther the said Prince, and all to make the poore Inhabitants odious, to hinder their Navigation and Traffique, and to bring them into extreme despaire. So as despairing of all meanes of reconciliation, and destitute of all other succours and ayde we have according to the Law of nature (for the defence of us and other Inha∣bitants, the Rights, priviledges, ancient customes, and libertie of the Countrey, and the lives and honours of us, our wives, children, and posterity, to the end they fall not into the slavery of the Spanyards, leaving upon just cause the King of Spaine) beene forced to seeke out some other meanes, such as for the greater safety and preservation of our Rights, Priviledges, and liberties, we have thought most fit and convenient.

We therefore give all men to understand, That having duely considered all these things, and being prest by extreme necessitie, We have by a generall resolution and consent, declared, and doe declare by these presents, the King of Spaine, ip∣so jure, to be fallen from the Seigniory, Principalitie, jurisdiction, and inheri∣tance of these Countries: And that we are resolved, never to acknowledge him any more, in any matter concerning the Prince, jurisdictions or demeanes of these Netherlands, nor to use hereafter, neither yet to suffer any other to use his Name as Soveraigne Lord thereof. According to the which we declare all Offi∣cers, private Noblemen, Vassels, and other inhabitants of these Countries, of what condition or qualitie soever, to be from henceforth discharged of the Oath which they have made in any manner whatsoever, unto the King of Spaine, as Lord of these countries, or of that whereby they may be bound unto him. And for the above∣named reasons, the most part of the said united Provinces, by a common accord and consent of their Members, have submitted themselves under the command & govern∣ment of the high and mighty Prince, the Duke of Aniou and Alanson, &c. upon cer∣tain conditions contracted and accorded with his Highnesse: and that the Archduke of Austria, Mathias, hath resigned into our hands the government generall of these

Countries, the which hath been accepted by us. We enjoyn and command all Iud∣ges, Officers, and all others, to whom it shall appertain, That hereafter they forbeare to use any more, the name, titles, great seal, or signet of the K. of Spain: and instead therof, whilst that the Duke of Anjou, for his urgent affaires, concerning the good and welfare of the Country, shall be yet absent, for as much as shall concern the Pro∣vinces which have contracted with his Highnesse, and touching the rest by way of provision, they shall use the title and name of the chiefe and Counsell of the Coun∣try. And until that the said heads and Counsellors, shall be named, called, and really established in the exercise of their charges, and offices, they shall use our name, ex∣cept Holland and Zeeland, where they shall use as they have formerly done, the name of the Prince of Orange, and of the Estates of the said Provinces, untill that the said Councell shall be in force, and then they shall govern themselves as it is agreed, tou∣ching the instructions given for the said Counsell, and the accords made with his Highnesse. And instead of the Kings seales, they shall hereafter use our Great Seale, counter Seale, and Signet, in matters concerning the government generall, for the which the Councell of the Country, according to their instructions shall have au∣thority. And in matters concerning the policie, administration of Iustice, and other private acts of every Province, the Provinciall Councels and others, shall respective∣ly use the name and Seale of the said Province, where the matter shall be in questi∣on, and no other, upon pain of nullity of the said Letters, or Dispatches which shall be otherwise made or sealed. And to the end these things may bee the better ob∣served and effected, we have enjoyned and commanded, and do enjoyn and com∣mand by these presents, That all the King of Spaines Seales, which are at this present with these united Provinces, shall be dilivered into the States hands, or to him that shall have commission and authority from them, upon pain of arbitrary punish∣ment. Moreover, We ordain and command, that from henceforth the names and armes of the King of Spain, shall not be put nor stampt in any coynes of these united Provinces: but there shall be such a figure set upon them, as shall be appointed for the coyning of new peeces of Gold and Silver. In the like sort we enjoyn and com∣mand the president and Lords of the privie Councel, and all other Chancellors, pre∣sidents, Provinciall Consuls, and all Presidents and chiefe Masters of accounts, and others of all chambers of accounts, being respectively in these countries, and also all other Iudges, and Officers (as holding them discharged of the oath which they have made unto the King of Spain, according to the tenor of their Commissions) that they shall take a new oath in the hands of the Estates of the Province where they are, or to their Deputies, by the which they shall swear to be faithfull to us against the King of Spain, and his adherents, according to the form set down by us: and there shall be given to the said Councellors, Masters of accounts, Iudges and Officers, remaining in the Provinces which have contracted with the Duke of Aniou, in our name, an act of continuance in their Offices, containing in stead of a new commission, a cessa∣tion or disannulling of their former, and that by way of provision, untill his comming. And to Councellors, Masters of accounts, Iudges, and Officers, being resident in Provinces, which have not contracted with his Highnesse, a new Commission shall be given under our name and Seale, if the petitioners were not found faulty, to be of bad behaviour, to have done against the priviledges of the Countrey, or to have committed some other disorder.

We also command the President and them of the privie Councell, the Chancellour and Councell of Brabant, the Governour, Chancellour, and Councell of Gueldres, and the Countie of Zutphen, the President and councell in Flanders, the President and councell in Holland, the Governour, President and Councell in Friseland, the Pre∣sident and Councell at Vtricht, the Bayliff at Tournay and Tournesis, the Receivors or chiefe Officer of Beooster cheldt and Bewesterscheldt Zeeland, the scout of Mack∣lyn, and all other Iudges and Officers whom it shall concerne, their Lieutenants and every of them, presently without any delay, to publish this our Decree in all places of their jurisdictions, and wheresoever they are accustomed to make proclamations, to the end that no man may pretend any cause of ignorance: And that they may keep and observe, and cause to be kept and observed inviolably this our Decree, with∣out any favour, support, or dissimulation; for wee have so thought it fit and conve∣nient for the good of the Countrey. For the effecting whereof, we give to every one whom it shall concerne, full power and authority, and speciall Commission. In witnesse whereof, we have caused our seale to be hereunto annexed. Given at the Hage in our assembly the 26 of Iuly 1581. Vnderneath was written, By the ordinance and decree of the said Estates, and signed I. Tan Asseliers.

According unto this declaration of the Estates, there was a new forme of an Oath drawn, in manner of an abjuration of the King of Spaine, and pro∣mise of duty and obedience which every one should owe unto the said Estates, by the publike Officers, and Magistrates of every Town and Province, as fol∣loweth.

I sweare,* 1.634 That hereafter I shall not serve nor yeeld obedience to Philip King of Spaine, nor acknowledge him for my Prince and Lord, whom I doe renownce by these presents, and doe hold my selfe freed from all Oaths, and bonds, by the which I might bee formerly tyed unto him: whereof finding my selfe presently delivered I sweare a new and binde my selfe to the united Provinces, and namely, to them of Brabant, Gueldre, Holland, Zeeland, and their allies, and to the soveraign Magi∣strates that are appointed, to bee faithfull and loyall unto them, to yeeld them all obedience, aide, and comfort, with all my power and meanes, against the King of Spaine and his adherents, and against all the enemies of the Coun∣trey. Promising as a good vassall of the Countrey, to carry my self faith∣fully and loyally, with shew of all obedience to my superiors; So help me the Al∣mighty God.

This decree being thus proclaimed, all the seales, counter-seals, and secret signets of the King of Spaine, were broken and cancelled with solemnity, by all the consuls of the said Provinces, and others new made, by order of the generall Estates, for that which concerned the Government, and the affaires of the generality. And as for mat∣ters of justice and policie, they used the seales, names, and titles of private gogernours, and Provinciall consuls. From that time there was no coynes of gold, silver, or copper made with the name or titles of the King of Spaine, but upon stamps which the E∣states had caused to be made in every Povince. All governours, superintendents, Pre∣sidents, Chancellours, Councellours, and others Officers, were discharged and absolved from their precedent oathes, and did sweare fidelity to the generall Estates, against the King of Spaine and his adherents, according to the forme above mentioned, to whom an act was sent for the continuation of the Commissions.

Ninthly,* 1.635 it is evident from the premises; That if Emperours and Kings shall dege∣nerate into Tyrants, violate their Oathes and Covenants made unto the people, invade their Lawes, Liberties, persons with armed violence, and instead of protecting, make warre upon them; that the Nobles, Magistrates, Estates, Parliaments and people in such cases, may without any guilt of Treason, Rebellion, Sedition, not only disobey, but Lawfully resist them with force of Armes, both in point of Lawe & conscience & are obliged under paine of treachery and perfidiousnesse to their Countrey, thus to resist; and in cases of incorrigibi∣lity for the publike weale, and preservation, may justly if they see it necessary, depose them from their Royall Dignities as Enemies, or Traytors to their Kingdoms and people.* 1.636 The reason is, Because no Kingdome or Nation under Heaven, ever elected or voluntarily submitted themselves unto any Emperour or King whatsoever (for ought can be proved or imagined) but upon this tacit condition; that they should justly governe, defend and pro∣tect them for their good, not tyrranize over, pillage, murther, oppresse, or make warre upon them at their pleasures, contrary to the Lawes of God, nature, nations; Nor yet actually obliged themselves under paine of Treason, Rebellion, death, or damnation, not forcilly to re∣obsist or deprive their Princes in any wise, though they with open violence should set them∣selves to subvert their Religion, Lawes, Liberties, and Republike; to which unreaso∣nable condition, no Natian certainty would have consented, had it been propounded to them by their Kings at first, as Grotius well observes. This point of greatest difficulty and concerment, I have largely debated and confirmed already, in the third part of this Discourse, where all contrary Objections against it, are refuted; Yet because it still seemes a seditious unchristian Paradox to many Malignants and Royallists, I shall ratifie it with such new Authorities, of all sorts, which may happily convince, if not convert them from their inveterate wilfull error.

My first Authority of this kinde, is that passage of Sozomon (an ancient Ecclesia∣sticall Historian) Eccles. Hist. l. 6. ch. 2. recited and approved by Nicephorus Callistus Eccles hist. l. 10. ch. 34. where he thus writes of the death of Iulian the Emperor (who turned both a Tyrant, Apostate, and Persecutor of the Christians) reputed to be slaine by a Christian Souldier of his own Army, for his Tyranny and impiety. Whereas Libanius writes in this manner; Hee seemes to say, that the slayer of Iuli∣an the transgressor was a Christian, which peradventure was true; Neither is it incre∣dible, that some one of the Souldiers who marched under his colours, had considered these things thus in his minde: That not only the Heathens, but likewise ALL OTHERS are wont to applaud those even unto our Age, who slew Tyrants heretofore, as those who for the liberty of all, feared not to undergoe the danger of death, and likewise for the safety of their Citizens, Kindred and friends, with willing minds. And verily hee CANNOT WELL BE REPREHENDED BY ANY MAN, especially since hee should shew himselfe so valiant and sirenuous FOR GOD AND that RELIGION which hee did approve, &c. However it is certaine that he was taken away by Gods divine judgement.* 1.637 Nicepherus addes, that his death was predicted by the Christians, and that his death WAS ACCEPTABLE AND PLESANT TO ALL CHRISTIANS, especially to those of Antioch, WHO FOR THIS HIS MVRTHER, INSTVTED A PVBLIKE TRIVMPH, Wherein they also reproached Maximus the Philosopher, singing thus, Where are thy divinations O foolish Maximus? A pregnant evidence, that even the Primitive Christians (on whose examples and practice our Antagonists so much depend, though

to no purpose, as I have* 1.638 elsewhere manifested) held it not only lawfull for them to resist, but even in some cases to slay a persecuting Apostatized Tyrant, bent ••o subvert Religion, Lawes, Liberties; as may be further evidenced bya 1.639 Constantine the great his ayding the oppressed Christians, and Romans against the Tyranny and Persecution of the Emperors Maxentius, Maximinus and Licinius, even with force of Armes, with which he Conquered these Persecutors in sundry open battels fought against them, at the Christians earnest importunity.

To descend to later Authoritities, it is the received Doctrine of all Popish Schoolmen, Doctors, Lawyers, That tyrannicall Princes who oppresse and invade their subjects persons, liberties, estates, or religion, may both lawfully with good conscience bee forcibly resisted by their Subjects, and likewise by the major part of their People, Nobles, Parliament, for preservation of the Republike and Religion, bee justly deposed, and put to death; yea, as some of them adde, even murthered by private men, though the generality of their Writers justly deny it. Their St. Thomas of Aquin, in his Book, De Regimine Pricipum (de∣dicated to the King of Cyprus)* 1.640 cha 6. determines thus, If it belong to the multitude to provide themselves of a King, the King made by them, may not unjustly be removed, de∣stroyed, or his power restrained, if he abuse the power of the Realme tyrannically; Nei∣ther is such a multitude to bee esteemed, TO DEALE DISLOYALLY IN DEPOSING A TYRANT ALTHOVGH THEY HAD PERPETUALLY SUBIECTED THEMSELVS TO HIM BEFORE, BECAUSE HIMSELFE HATH DESERVED IT, in not carrying himselfe faithfully in the Government of the people, as the Office of a King required, because herein he kept not his Oath and Covenant with his subjects. And he further affirmes, 2 Distinct. Art. 44. qu. 2. 2. 5^m. 1. 2^ae. Dist. 44. qu. 2. 2. 5^m. 1. 2^ae. qu. 79. 4. 3^m. 22^ae. qu. 12. art. 2. & qu. 42. 2. 3^m. Opusc. 10. l. 4. c^o. 1. That in every Countrey, Cities are governed politikely; the power of Kings and Emperours being circumscribed by the Lawes and people, That a Tyrannicall Prince, if hee invade his Subjects, may lawfully beresisted and slaine even of private persons in their own necessary defence, and in refe∣rence to the publike safety; but much more by the Nobles and peoples generall consent: And that the deposition or perturbation of the regiment of a Tyrant, HATH NOT THE REASON (or nature) OF SEDITION, unlesse it be done by private persons, or so disorderly, that a greater detriment should ensue, BVT IT IS THE TYRANT RATHER WHO IS SEDITIOVS. The same Do∣ctrine is taught by Dominicus Soto, de Iustitia. l. 5. quaest. 1. art. 3. Ludovicus Molina Tom. 4. De Iustitia & Iure Tract. 3. disp 6. to 20. Dominicus Bannes, 2^a. 2^ae. quaest. 64. Art. 3. Dub. 2. Petrus de Aragon. 2. 2^ae vu. 64. art. 3. Explicatio. art. p. 248. Michael Bartholomaeus Salon, de Iustitia & Iure in 2. 2^ae Tom. 1. qu. 64. art. 3. cont. 1. pag. 385. Petrus de Lorca in 2. 2^ae D. Thomae quaest. 40. art. 3. sect. 3. through∣out, specially Disput. 50. n. 2. & Disp. 52. 53. Azorius, Tom. 2. l. 21. disp. 5. qu. 8. &. 5. Franciscus Victoria. Relectio De Iure Belli. n. 9. 14. Alphonsus Salmeron in cap. 13. Epist. ad Romanos. Disp. 5. Fran. Suarez. in Defensione fidei l. 3. cha. 3. & l. 6. chap. 4. throughout▪ specially, num. 5. 6. 13. 14. 15. 16. Ioan Gerson de Auferibilitate Papae; where also he avers (consid. 6.) that one who is truly Pope may lawfully bee bound, imprisoned, and put to death for his offences, (though the head of the Church as Papists hold, as well as Kings the head of their Realmes.) Dionysius Cathusianus de Regim. Polit. Artic. 19. Franciscus Tollet, in summa, l. 5. c. 6.

Leonardus Lessius de Iustit. & Iure, c. 9. dub. 4. Tannerus, Tom. 3. disp. 4. qu. 8. dub. 3. Emanuel Sa. in Aphorism. Verb. Tyrannus, n. 2. Iohannis Mariana: De Rege & Regis Instit. l. 1. c. 5, 6, 7, 8. Alvarus Pelagius de Plan. Eccles l. 1. c. 21. Simancha Pacensis, de Cathol. instit. tit. 23. n. 11. p. 98. tit. 45. n. 25. p. 209. Gregorie de Valencia, Tom 3. p. 444. Cardinall Bellarmine, de Pontif. Rom. l. 5. c. 6. 7. 8. & Tract de Potest. Sum. Pontif. advers. Gul. Barcl. p. 97. Iac. Gretzerus Pharetra Tertulliana, & Vespertilio Haeritico-Politicus, Ludovicus Richehom. Expostulatio Aplogetica pro Societate Ie∣siu. Vincentius Filiucius Tra. 28. p. 2. dis. 4. prae. Dec. n. 12. Mart. Becanus Anglicana de Potestate Regis & Pontificis, Caspar. Schoppius. Alexi Pharmacum Regium, & Col∣lyrium Regium. Valentine Jacob. An. 1524. and Iohn Tanquerel. Anno. 1561. whose opinions are recorded by Bochellus Decreta. Eccles. Gal. l. 5. tit 4. c. 6. 8. the Cardi∣nall of Como his Letter from Rome, 30. January, 1584. to Doctor Parrey to mur∣der Queen Elizabeth; Franciscus de Verona Constant. in Apolog. pro Io: Chastel, p. 133. Bonarscius the Iesuite, Amphith p. 101. Barclay l. 3. advers. Monarch. c. 8. l. 6. c. 23. & 24. erarius in c. 3. Iudicum. Hieronymus Blanca Rerum Aragonens. Commentari∣us, passim. Cajetan: upon Aquinas his forecited Summes. the Doctors of Sala∣mancha in their Determination, Anno 1602. recorded by G. Blackwell, qu Bip. p. 56. and Doctor John White his Defence of the Way, c. 6. p. 16. Governado Christiano. p. 43. Antonius Massa Tract. contra Duell. n. 78. 79. Baldus 3. Consid. 313. Cavarruvias Quaest. Illustr. T. 2. 505. n. 1. 399. n. 6. Vasquius contro. Illustr. 16. n. 15. 19. 21. 17. n. 1. 23. 20 n. 344. n. 3. 73. n. 12. 13. 5. 72. n. 7. and elsewhere Hemingius Arnisa us de Au∣thoritate Principum p. 18. 50. 77. 80. 83. 95. 122. Fran. Hotomani Franco-Gallia, c. 6. 7. 10 13. 15. 18. 19. &c. To which I might adde our English Priests and Iesuites, as Doctor Nicholas Saunders, Visib. Monarch. p. 70, 71. Doctor Allen, Parsons, Creswell, Philopater, Rossaeus, Doleman, p. 32. to 74. sparsim, with sundry others, all pro∣fessedly averring Aquinas his Doctrine, and the premisses, yea, farre exceeding them in sundry particulars; many or most of them attributing sufficient Authority and power to the Pope and Prelates alone, without the Parliaments, Nobles, Peers, or Peoples assent, to depose, adjudge Haereticall or tyrannicall Kings to death, and devote them to assassi∣nation, which all Protestants unanimously disclaim. But wee need not fish in these unwholesome Romish Streams of Tyber, or make use of these Popish Champions, whom I have onely named, to stop the mouthes of all Papists, Priests, Iesuites, who now much exclaim against the Parliaments present defensive Warre, condemning all for Rebels and Traitors who assist the Parliament against their invading traite∣rous, Rebellious armed Forces both in Ireland and England, they being in verity such themselves, yea, the originall contrivers, fomenters, the principall abettors of the present bloody, destructive, civill Wars in both our Realms. 〈…〉〈…〉 which most confirms me in this beliefe, is a particular late Discovery of the horrid Conspiracy of Con the Popes late Nuncio here, and his Iesuited Popish Confederates, to under∣mine and extirpate the Protestant Religion, to raise the Scottish, and succeeding Irish, and English Wars, thereby to ingage the King to resort to them for assistance; & under pretence whereof to rise up in arms, and work him to their own conditions, or else to poyson him with a Indian poysoned Nut after the example of his Father, and then seize upon the Prince, and train him up in their Antichristian Religion, as you may reade at large in Romes Masterpeece, to which I shall referre you for fuller satisfacti∣on, from one of the chief Conspirators own Confession. But passing by all these, I

shall proceed to Authorities of Lawyers and Divines, professing the Protestant Re∣ligion. Georgius Obrectus, a publike Professor of Law, and Advocate to the City of Strasburge in his Disputatio Juridica, 1. De Princ••piis Belli, layes down these severall Positions for Law, Num. 125. to 139.

That all the Inferiour Magistrates in the Empire or other Kingdoms, collectively considered, are above the Emperour and Kings themselves; that if they be unjustly assaulted with unjust violence by any whomsoever, they may by a necessary and just warre, defend both themselves and theirs, and repell and prosecute the unjust assailants. That if the Superiour Magi∣strate neglect to do his duty, (as if the Turke should invade any Countrey, and the Supreme Magistrate would not resist him.) the inferiour Magistrate may call the people to Arms, raise an Army, and exercise all forces policie and devices against the common enemy of Christians: Or if the Supreme Magistrate should exercise manifest Tyrannie, it is verily lawfull to the Inferiour to undertake the care of the Repub∣like, which he endeavours to oppresse with all his power: That those who represent all the people, as the Electors, Palatines, Nobles, Parliament, may admonish the Prince of his duty, and ought to seek by all means to divert him from his Tyranni∣call and impious purpose; but if he proceeds, and repenteth not, being frequently admonished, but wilfully subverts the Common-wealth, obstinately perverts Laws; hath no care of faith, covenants, justice, piety; and tends onely to this, that he may perpetrate any thing with impunity, and impiously reign over mens consciences, then verily he is accounted a Tyrant, that is, an enemy of God and man; whence, if he hath proceeded to that hight of malice, that hee cannot bee expelled but by armed force, It is Lawfull for the Electors, Palatines and others, to call the people to Arms, and not onely to defend themselves and others against such a one, but plainly to deject him from his Throne: For the intire Government of the Realm is not com∣mitted by the people to the Prince alone, as neither the Bishopprick of the whole Church to the Pope, but to every one of the Nobles or Magistrates according to his power: For the Nobles, as they are called into part of the honour, so of the burthen of the Commonwealth; which is committed to the Prince, as to the Supreme Tutor, but to them as Fellow-tutors, he having the first, they the second place in governing the Republike. The Prince swears that he will seek the good of the Realm, and all the Nobles promise the same: therefore if he doth ill, they ought not to do so like∣wise; if the Republike go to ruine, they shall not continue: For the Common∣wealth is no lesse committed to them, than to the King, so as they ought not onely to do their duty, but also to contain the Prince within the limits of his duty: For if the Prince doth ought against his Oath, they are not absolved from their Oaths, but rather then especially ought to manifest their fidelity, when the Republike requires it, because they were specially instituted for that end, as the Ephori, and every thing ought to be reputed just, when it attains its end. Hence Brutus the Tri∣bune, and Lucretius the Governour of the City, called the people to Armes against Tarquin the proud, and by their authority expelled him the Ringdom. So the Roman Senate judged Nero an enemy of the Republike, and condemned him to the Gallowes; punished Vitellius with death, ignominiously mutilated and dragged thorow the City, and spoyled Maximinus of the Empire, set∣ting up Albinus in his place. Thus the French by Authority of a pub∣like Councell, thorow the care of the Officers of the Realme deprived

Childericke the first, Sigebert, Theodoric, and Childericke the third of the govern∣ment of the Realm. Neither is it impertinent to pronounce the same sentence of such a one, as was given of Manlius Capitulinus,* 1.641 Thou wast Manlius whiles thou diddest cast down the Senons headlong; Now because thou art become one of the Senons, thou thy selfe art to be precipit••ted from whence thou diddest cast them down. But if perchance most of the Nobles collude and connive, and being unmindfull of their duty, take no care of the people; let there at least be one who may admonish and detest the invading Tyrant, and take care that the Republike sustain no detrimen; For the care of the Republike is no lesse committed to him, than to the Prince and his Collegues, and he hath plighted his faith to the Republike no lesse than they. If many have promised the same thing, the obligation of the one is not taken away by the negligence or periury of the other. If there be many Trustees, Executors, or Guardians, the negligence default or fraud of some of them, doth not discharge or disingage the rest; yea, unlesse they to their power discharge their trust and Oath, they become perfidious, yea guilty of the same crime, and are subiect unto actions for their neglect as well as the others: Therfore those who are bound to the whole Kingdom and Empire, as the Peers of France, the Electors, or to some certain Coun∣tey or City which makes a part of the Realme, as Dukes, Marquesses, Earles, Con∣stables, Admirals, and the like, are obliged to ayde the whole Common-wealth, or that part committed to them, against the tyranny of the Prince, if they be able, &c.

Thus and much more this Lawyer, almost verbatim out of Iunius Brutus.

I might add to him the like determinations of Henricus Bocerus, De jure pugnae, hoc est, Belli & Duelli, Tractatus Methodicus, Tubingae, 1591. lib. 1. cap. 5. & 29. p. 141 Justus Eccardus, De Lege Regia, the last Edition. Alhuseius Polit. c. 4. p. 146. to 153. Haenon, Disputat. polit. The Treatise De Iure Magistratus in Subditos; (where this Position is largely and learnedly debated, confirmed, both from Law, History, Theology, Reason) Hugo Grotius de Iure Belli & pacis, lib. 1. c. 4. sect. 7 to the end. p. 87. &c. Albericus Gentilis de Iure Belli, l. 1. c. 11. p. 84. c. 25. p. 205. l. 3. c. 9. 22. p. 546. 686. with others. But since Iunius Brutus compriseth the quintessence of all the rest, I shall trouble you onely with his Discourse. Vindiciae C••ntr. Tyrannos, Quaest. 3. p. 177. to 106. To passe by his Discourse concerning the resisting of Ty∣rants, who usurp a Dominion without any Title, whom every man may justly resist and suppresse, and are bound in duty so to doe, as he there proves at large; I shall on∣ly transcribe what concernes them who have a lawfull Title.

First (saith he) we ought to consider, that all Princes are born men. We cannot therefore expect to have only perfect Princes, but rather we ought to thinke it well with us, if we have gained but indifferent ones. Therefore the Prince shall not presently be a Tyrant, if he keep not measure in some things, if now and then he obey not reason; if hee more slowly seek the publike good; if he be lesse diligent in administring Iustice, or lesse fierce in propulsing warre. For seeing a man is not set over men, as if he were some God, as he is overbeasts; but as he is a man, born in the same condition with them; as that Prince shall be proud, who will abuse men like Beasts; so that people shall be unjust, who shall seek a God in a Prince, and a Divinity in this frail Nature. But truly if he shall willingly subvert the Republike; if he shall wilfully pervert the Lawes, if he shall have no care of his faith, none of his promises, none of Iustice, none of piety; if himselfe become an enemy of his people, or shall use all or the chiefest

notes we have mentioned, then verily he may be iudged a Tyrant, that is, an enemy of God and men. Therefore we treat not of a Prince, lesse good; but of the worst; not of one lesse prudent, but of a malicious and subtile one; not of one unskilfull in Law, but of a contemner of Law; not of an unwarlike one, but of an enemy of the people and waster of the Realme. A Senate may assist him with prudence, a Iudge with the knowledge of the Law, a Captain in the skilfulnesse of warre; but this man wisheth the Nobles, Senators, Captain•• of Warre one neck, that he might cut them off at one stroake, neither hates he any more then them. The first verily, though he may lawfully be removed, yet however he may be tolerated; the latter contrarily, by how much the longer he is tollerated, the more intollerable he be∣comes. Moreover, as euery thing is not lawfull to a Prince; so often times, that which is lawfull to the people, is not expedient. For frequently it may fall out, that the remedy which is used, may be worse than the disease. Therefore it becomes a wise man to try all things, before he use the hot Iron; and use all remedies, before he take up armes. If therefore those who represent the people perceive any thing to be done against the Republike by force or fraud, let them first admonish the Prince, neither may they expect, till the mischiefe grow heavie, and acquire forces. Ty∣ranny is like an heptick Feaver, which at first is easie to be cured, difficult to be dis∣cerned; afterward it becomes easie to be known, but very difficult to be cured. Therfore they shall withstand the beginnings, neither should they pretermit any thing, though the smallest. But if he shall proceed, and not repent though frequent∣ly admonished, but tend onely to this, that he may commit any thing without punishment; then verily he is really guilty of Tyranny, and they may act against him, whatsoever they may use against a Tyrant, either by Law or just force. Tyran∣ny is not onely a crime, but the head, and as it were, the heap of all crimes. A Tyrant subverts the Republike, makes a prey of all, lyeth in wait for the life of all, violates faith to all, contemnes all the Religion of a sacred Oath. Therefore is he so much more wicked then any Theefe, murtherer, sacrilegious person, by how much it is the more grievous, to offend many and all, then particular persons. Now if all these be reputed enemies, if they be capitally punished, if they suffer paines of death, can any one invent a punishment worthy so horrid a crime? Moreover,* 1.642 wee have proved, that all Kings receive their Royall Dignity from the people; that all the people are better and higher then the King, that the King is onely the superiour minister and Ruler of the kingdome, the Emperour of the Em∣pire, * 1.643 but the people are the true head. Therfore it follows, that a Tyrant who commits felony against the people as the Lord of the fee, hurts the sacred Majesty of the Realm and Empire▪ Becoms a Rebel, and therfore falls into the danger of the same Lawes, and demerits more grievous punishments. Therfore, saith Bartolus, he may be deposed by a Superiour; or be most justly punished by the Julian Law, for publike violence. Now all the people, or those who represent them, as Electors, Palatines, Nobles the Assembly of the Estates, &c. are his Superiour. But and if he shall proceed so farre, that he cannot be expelled but by armed violence, then verily it shall be law∣full for them, to call the people to Armes, to raise an Army, and to practise force, policy, stratagems, as against an adjudged enemy of his Country and of the Com∣mon-weale. Neither shall the Officers of the Realm in this case fall into the crime OF SEDITION; For in a sedition there must needs be two points, which when

for the most part they contend about contradictories, it followes, that the cause of one is just, the other unjust; That cause must verily be just which defends the Laws, which protects the common good, which shall preserve the Realme, especially by this meanes; contrarily, that cause is uniust, which violates the Laws, defends the breakers of the Lawes, protects the subverters of the Countrey.* 1.644 That is iust which will destroy tyrannicall government, that uniust which would abolish iust govern∣ment. That lawfull which tends to the publike good, that unlawfull which tends to the private. Therefore, saith Thomas, because a tyrannicall kingdome which is not or∣dained to the common good, but principally for the benefit of the Governour, is most uniust; therefore the disturbance of this Kingdome Hath not the reason of Sedi∣dition, nor doe they fall into the crime of Treasor. This crime is committed a∣gainst a lawfull Prince; Now a lawfull Prince is nothing but a living Law: there∣fore he who kils the Law as much as in him lyeth, cannot be called by that name; therefore those who take up Arms against him shall not be guilty of that crime. It is likewise committed against the Common-wealth, but because the Repub. is there only where the authority of the Law prevailes, not where the private lust of a Tyrant swalloweth the Republike, a Tyrant shall be guilty of that crime which offends the publike Maiesty, & those be Vindicators of the Republike, who shall oppugne a Ty∣rant Ex Officio, supported with their own authority. Neither in this case, I say, doth every one, but all the Subiects, but the Lords seem to require an account of the go∣vernment from their agent: no more shall they be accounted perfidious for doing it; there is every where between the Prince & people a mutuall & reciprocal Obligation; he promiseth, that he will be a iust Prince: they, that they will obey him, if he shall be such a one. Therefore the people are obliged to the Prince under a condition: the Prince, purely to the people: Therefore if the condition be not fulfilled, the peo∣ple are unbound, the Contract void, the Obligation null in Law it selfe: Therefore, the King is perfidious if he reign uniustly; the people perfidious, if they obey not him who reignes iustly: But the people are free from all crime of perfidiousnesse, if they publikely renounce him who reignes uniustly; or if they endeavour to evict him with Armes who desires to retein the kingdome unlawfully.* 1.645 Therefore it is lawfull for all or many of the Officers of the Realme to remove a Tyrant. Neither is it onely lawfull; but it lyeth so upon them of duty, that unlesse they doe it, they can no way be excused. Neither may Electors, Palatines, Senators, and other No∣bles think, that they were created and instituted onely for that end, that they should shew themselves once peradventure in the Kings inauguration, attired after the an∣cient manner, that they might act a certain palliated Fable, or put on the person of Rowland, Oliver, Renald, and other Nobles on that day, as if in a Scene, they should in some shew represent the Round Table of Arthur, as they call it; so as after that the multitude is dismissed, and Calliopus hath said, Farewell, they should think they had excellently played their parts. These things are not spoken in jest, these things are not perfunctorily done; these things are not the pastimes of children, who as it is in Horace,* 1.646 created a King in a Play; but rather of Nobles, & Magistrates, who as they are called unto part of that honor, so likewise of the burthen, and shew, that the Republike is committed and commended to the King, as to the supreme and chiefest Tutor, so also to them as fellow Tutors (even Honorari) assigned to him as observers of his actions who hath the chief tutelage, who may daily exact an account of him, and

diligently take heed, in what manner he reverseth; so even these, that they might observe the King (who,* 1.647 as to his tutelary providence, is onely reputed in the place of a Lord) that he doe nothing to the detriment of the people. Therefore as the fact of him who acts the Gardian, is imputed to the Co-gardians, unlesse where they ought and are able, they suspect and likewise take care to remove him; to wit, when he communicates not the administration with them,* 1.648 if he doe not faithful∣ly manage the tutelage or care, if he admits fraud, if he doth any thing sordidly or perniciously to the Pupill,* 1.649 if he intercept any of the Pupils goods, if he be∣come an enemy to the Pupill; finally, if he be over rude, sloathfull, unskilfull, &c. So even the Nobles shall be held guilty of the Princes deed, unlesse they re∣move, or prevent his tyranny, or supply his sloathfulnesse, with their vigilance and diligence. Finally, as oft as the Gardian doth not doe in the name of the Pu∣pill, that which any fit Master of a family would doe, he may not seeme to be de∣fended; but that he may be the better defended, his Co-gardians are bound to foresee: So much more justly, if the Prince doth not act the housholder but the Enemy,* 1.650 the Nobles may and ought to act against him, since they are bound by his deed, no lesse then by their owne. Moreover the Nobles may consider, that the King in governing the Republike, holds the first part, but they the second, third, and every one in his place. Therefore if he doth his part ill, they may not follow him: if he destroy the Republike, they may not connive; for it is com∣mitted to them, as well as to him; and in such sort truly, that not onely they themselves ought rightly to execute their office by themselves, but to containe the Prince within the bounds of his office. Finally, as the King promiseth, that he will take care of the benefit of the Commonweale, so also doe they. Therefore if he breakes his oath, they may not thinke, that they are absolved from theirs, no more then Bishops, if the Pope should defend heresie or destroy the Church: yea, they should thinke themselves so much the more obliged to performe their oathes, by how much the more he shall violate his. Therefore if they collude, they are reputed in the number of prevaricators; if they connive, of desertors; and TRAITORS, if they vindicate not the Republike from the tyranny of tyrants: as finally they become Patrons, Defenders, little Kings, if they by all meanes pro∣tect and defend the Republike, which they have undertaken to protect. These things,* 1.651 though they are sufficiently firme of themselves, yet they may be demon∣strated by examples. The Canaanitish Kings, who oppressed the people of Israel with hard servitude, as well corporall as spirituall, (interdicting them both commerce and armes) were true tyrants, I say in practice, yet not without a title; for Eglon and Jabin reigned quietly almost twenty years: Now God extraordinari∣ly stirred up Ehud, who slew Eglon craftily; and Debora, who routed the army of Ja∣bin; and by that meanes freed the people from tyranny: This was not verily, be∣cause it was lesse lawfull to the ordinary Magistrates and Princes of the Tribes, and the rest to doe it, but Debora rather objecteth their sloathfulnesse and carelesnesse to them, and curseth some of them for this cause. But truly God, pittying his people,* 1.652 extraordinarily supplyed the negligence of ordinary officers. Rehoboam the sonne of Solomon, refuseth to ease the people of unnecessary Tributes, being intreated to doe it in a generall Assembly of all the people, he groweth insolent, and assisted with the counsell of flatterers, even arrogantly threatens more grievous

burdens;* 1.653 No man doubts, but that according to the covenant first made betweene the King and people, the Nobles might have restrained this pride: But the sinne was in this, that they did by secession, which was to be done in the Assembly; and did a just and lawfull thing unjustly. Frequent examples of this thing occurre in other Kingdomes: he instanceth in Tarquin the proud, expelled by Brutus and Lucretius; who confiscated his goods, and would have publikely sentenced him∣selfe, had they apprehended his person, because he consulted not with the Senate as former Kings usually did, because he made warre, peace, and truces at his plea∣sure without the Senates and peoples advice, violated the Lawes which he should observe, and neglected the covenant established betweene the King and people: in Nero the Emperour, publikely sentenced by the Senate, Vitellius, Maximinus; and the speech of Trajan (forecited): Likewise the* 1.654 French, by authority of a publike Councell through the care of the Kingdomes officers, expelled Childericke the first, Sigibert, Theodoricke, Childericke the third, from the Crowne, for their tyranny, and set up others of another stocke in their places. Yea, for sloathfulnesse, negli∣gence, madenesse, as also for injuries to Forrainers, and yeelding to the impoten∣cie or lust of flatterers, or women, they have deposed some, and as it were taken away the reines from Phaeton, lest all men should be burnt with the same fire; as Theodoricke for Ebroines sake, Dagobert of Plectrude, and Theobald his Mignions, with others; reputing it to be all one, whether a woman or an effeminate Prince reigned; or whether a tyrant, or petite tyrants under a sloathfull Prince do∣mineered: or finally, whether he himselfe were a Devill, or possessed by the Devill himselfe. Thus not long since they compelled Lewes the eleventh, a most imperi∣ous Prince to receive 36. Governours, by whose counsell he was bound to governe the Republike. Yea, what other right had either the Carlingi, adopted into the Kingdome in place of the Meruingi; or the Capets who at this day hold it, prefer∣red before the Carlingi by the Decree of a publike Councell;* 1.655 but from the people, re∣presented as it were in an Epitome, by the Councell of the Realme, which they call an Assembly of the three Estates, who might lawfully of right both depose those, and by their owne authority establish these in the Throne? In the same manner we read Adolphus deprived of the German Empire, An. 1296. because corrupted with mo∣ny, he had made war with France, in favour of the English: and Wenceslaus, An. 1400. although these may be called, not so well evill, as lesse good Princes. Thus in the Realme of England, Edward the second, for his tyranny to his Subjects, especially the Nobles, whom he destroyed without hearing their cause, was at his Queenes request, adjudged unworthy of his Crowne by the Parliament. Not long since, Christierne in Denmarke, Ericus in Sweden, Queene Mary very lately in Scotland, were deprived: which Histories worthy credit testifie, hath beene frequently done in the Kingdome of Poland, Hungary, Spaine, Portugall, Bohemia, and the rest. But what concerning the Pope himselfe? The Cardinals, they say, because they have cho∣sen him, or if they doe not their duty, the Patriarks, who are Primates next after the Cardinals, may against his will, for certaine causes call a Councell, and in it judge the Pope, if he shall scandalize the Church by his notorious offences; if he be incorrigible, if reformation be necessary as well in the head as members; if con∣trary to his Oath he will not assemble a Councell, and the like; and de facto, we read that many Popes have beene deposed by authority of a Councell. But if (saith

Baldus) they be pertinaciously abused; at first they must use words, secondly, herbes, that is, medicines; lastly, stones; and where the truth of vertue sufficeth not, there the defence of weapons ought to prevaile. But and if by the suffrages almost of all learned men, the Decrees of Councels, and the Acts themselves done, it be proved, that a Councell, as they speak, may lawfully depose the Pope, who yet boasts himselfe to be the Kings of Kings, and claimes as much to be above the Emperour, as the Sunne is above the Moone; yea, also arrogates to himselfe an authority of deposing Kings and Emperours at his pleasure; who at last can doubt, but that by the publike Councell of every Realme, not onely a tyrant, but a King, pernicious to his Kingdome for his madnesse or folly, may be deposed or removed?

Goe to now, in this our politicke Ship, the Master gluts himselfe with wine; most of his assistants either asleepe, or drunke with mutuall cups sportingly behold an imminent Rocke. The Ship in the meane time, either holds not that course which is expedient for the owner, or seemes speedily to be wracked; what thinkest thou is here to be done under the Master, by one who is vigilant and sollicitous? Shall he pull those by the eares who are asleepe, or onely jogge them by the sides? but in the meane time,* 1.656 lest he should seeme to doe ought without their command, shall he not afford his helpe and assistance to the indangered Ship? Truly what madnesse, or rather impiety will this be? Seeing then (as Plato saith) tyranny is a certaine phrensie and drunkennesse, the Prince may utterly subvert the Republike, the most of the Nobles may collude, connive, or at least are fast asleepe: the peo∣ple who are Lords of the Republike, by the fraud or negligence of these ministers, which is their fault, are reduced into greatest straights in the meane time there is one of the Nobles which considers the incroaching tyranny, and detests it from his soule, what thinkest thou is now to be done against him by this man? Shall he onely admonish his Colleagues of their duty, who themselves doe as much hurt as they may? But, besides, as it is perillous to admonish, and in that state of things it may be deemed a capitall crime, shall he do like those, who contemning other helps, casting away their armes, shall cite Lawes, and make an Oration concerning justice among theeves,* 1.657 in the midst of a wood? but this truly, is that w^ch is cōmoly said, to be madde with reason: What then? shall he grow deafe at the peoples groanes? shall he be silent at the entrance of theeves? or shall he finally grow lasie, and put his hands into his bosome? But if the Lawes appoint the punishment of a Traytor against one wearing buskins on his legs, who counterfeits sicknesse for fear of the e∣nemies, what punishment at least shall we decree against him, who either through malice, or sloathfulnesse, shall betray those whom he hath undertaken to protect? But rather he shall command those things that are needfull to such as are wary by a Mariners shout; he shall take care lest the Common-wealth receive any detriment, and shall preserve the Kingdome even against the Kings wil and resistance, by which he himselfe becomes a King; and shall cure the King himselfe as a frantick man, by binding his hands and feet,* 1.658 if he may not otherwise doe it. For, as we have said, the universall government of the Realme is not committed by the people to the King, as neither the oversight of the whole Church to the Pope, but to every one of the Nobles according to his power. But certainely, because concord proceeds from u∣nity, that there should be no emulation among Peeres, a King was instituted, who

should hold the supreme place in the administration of the Common-wealth. The King swears that he will seeke the safety of the Realme; the Nobles swear every one the same by himselfe: whether therefore the King or most of the Nobles neglecting their oath, shal either destroy the Common weale, or desert it being in danger, ought the rest therefore to desert the Republike, or at least be lesse bound to defend it, as if they were absolved from their oath? But rather then especially they ought to shew their fidelity, when as others neglect it, especially since they were principally instituted for that end, like the Ephori; and every thing may then be reputed just, when it attaines its end: whether truly if many have promised the same thing, is the obligation of the one dissolved by the perjury of the other? whether if ma∣ny be guilty of the same sinne, are the rest freed by the fraud of one? Whether, if many Co-gardians ill defend their Pupill, shall one good man be lesse bound with the burthen of the wardship through their default? But rather, neither can they avoyd the infamy of perjury, unlesse they endeavour to satisfie their trust as much as in them lieth; neither can those exempt themselves from the danger and judgement of a Gardianship ill administred, unlesse they implead the other Gar∣dians suspected;* 1.659 when as verily one Gardian may not only implead the rest suspe∣cted, and take care of those to be removed, but also remove them. Therefore those who have promised their aide and assistance to all the Realme or Empire; such as Earles of the stable, Marshals, Senators, and the rest; or those who have done it specially to any County or City which may make a part of the Realme; as Dukes, Marquesses, Earles, Majors, and the rest, are bound to aide the whole Common∣weale oppressed with tyranny, or that part thereof, which the people have com∣mitted to them next after the King. And these truly ought to vindicate the whole Commonweale from tyranny, if they be able; those as Gardians assigned through∣out Counties, that part of the Realme whose defence they have undertaken: These I say, are bound to restaine a tyrant, those to drive him out of their coasts. There∣fore Mattathias as one of the Nobles,* 1.660 the rest partly conniving, partly colluding; when Antiochus tyrannically oppressed the Kingdome of Judah, speakes thus to the people ready to take up armes: Let us restore the state of our people; let us fight for our people, and our holy places: whence it plainely appeares, that we may not onely lawfully fight for Religion, but for our Countrey; for an hearth I say, no lest justly then for our Altars, and take up armes against such a tyrant as he was: neither are they blamed by any, for recovering the Kingdome, but that they claimed the royall dignity to themselves,* 1.661 which pertained to the Tribe of Iudah. Many pertinent examples to this purpose occurre in Historians. Arbactus governor of Media, slew Sardanapalus spinning among women, and spending the royall treasure among whores. Ʋindex President of the French, and Galba of the Spa∣niards revolted from Nero, together with all France and Spaine, the Senate conniving at his tyranny. But especially that Laconick judgement is observable, which verily proceeding from that Senate, ought to passe into a thing adjudged among all Na∣tions. When the Lacedaemonians possessed Byzantium, they made Clearches Cap∣taine of the Army, Governour of the City, who taking corne from the Citizens, distributed it to the forraine souldiers; but in the meane time the families of the Citizens perished with famine. Anexilaus therefore, one of the Magistrates of the City, moved with that tyranny, agreed with Alcibiades about the yeelding up of

his Countrey to him, and he soone after is received into the City. Anexilaus being accused at Sparta for yeelding up of Byzantium, pleaded his cause himselfe, the Spartanes absolved the man; because they said, warres were to be waged with ene∣mies, not with the nature of things; now nothing is more repugnant to nature, then, if those who are bound to defend a City, became more unjust then the ene∣mies. Thus the Lacedaemonians determined justly, to whom scarce any good Kings will not assent; verily those who desire to rule well, care not at all what is deter∣mined concerning tyrants, or what the Nobles or people themselves may doe by Law. But we must yet proceed further. Every one of the Mariners is bound, if the Ship be endangered through the default or negligence of the Ship-master, to put to his helping hand: every one of the Nobles is bound, if the Republike perish by the wickednesse or carelesnesse of the Prince and his Colleagues, to helpe it, being like to fall, and to vindicate the whole Kingdome, or at least that part thereof which is committed to him, from tyranny. But then shall it be lawfull for every ordinary slave to doe the like? or peradventure shall it be lawfull to Herdonius Sa∣binus, Euno Surianus, Spartacus the fencer, or, I say, to any private man to enfran∣chise servants, to stirre up Subjects to armes, finally to combate with the Prince, if tyranny urge them? No verily. The republike is not committed to single or private men, yea they themselves are committed to the care of the Nobles and Ma∣gistrates no otherwise then Pupils. Therefore they are not bound to defend the Re∣publike, who cannot defend themselves. The sword is not committed to every man neither by God,* 1.662 nor by the people; therefore if they draw the sword without command, they are seditious, although the cause may seeme to be just. Finally, private men doe not make the Prince, but all. Therefore they ought to expect the command of all, or of those, I say, who represent all in a Realme, Countrey or City, which may make a part of the Realme, or at least of one of them, before they attempt any thing against the Prince.* 1.663 For as a Pupill cannot bring an action without authority of his Tutor, although the Pupill be truly a Lord, and the Tutor onely is reputed for the Lord, as farre forth as appertaines to his tutelary providence: So neither may the people doe ought, but by the authority of those, on whom they have transferred their authority and power; whether they be or∣dinary Magistrates, or extraordinarily, created in a publike Assembly; whom, I say, they have guirded with the sword for this purpose, to whom they have de∣livered themselves up to be governed and cared for;* 1.664 who finally like that Pretor of Rome, who judged betweene servants and masters, are truly constituted in that place, that if any contention arise betweene King and Subjects, they may shew themselves Judges and Redressors, lest the Subjects themselves should pronounce sentence in their owne cause. Therefore if unjust customes or grievous taxes be imposed, if things be done against pacts or fraudulently, and yet not one of the Nobles speakes against or resists it, let them thinke they must then sit still, and thinke, that the best Physitians to prevent or take away a disease, doe oft-times prescribe the opening of a veine, the evacuation of humours, yea and scarifica∣tion. For such is the nature of things, that scarce any mischiefe can be cured without another; scarce any good may be acquired without diligent labour. They have the example of the people under Solomon, who refused not the grievous tri∣butes imposed on them for the building of the Temple, and fortifying the King∣dome;

because they judged those things to be imposed by the publike Councell, to the glory of God, the beauty and ornament of the Republike. They have like∣wise the example of Christ our Saviour, who although he were the King of Kings, yet because he then sustained a private person, he payed tribute willingly. If the Nobles and Magistrates themselves favour apparent tyranny,* 1.665 or at least oppose it not, they may remember, that for the sinnes of the people, God suffers Hypocrites to reigne; whom unlesse they turne themselves to God with all their heart, cannot be overturned with any engines. Therefore there is no need of feet or hands, but bended knees. Finally, they must suffer evill Princes, wish for better, and thinke, they must beare that tyranny with a patient minde as they doe haile; stormes, tempests, and other naturall calamities, or change their habitations. Da∣vid retired into the Mountaines, and spared Saul a tyrant, because he was none of the Nobles of the people: Christ, because he was not of this world fled into Egypt, to avoyd Herods tyranny. Paul, because he describes the office of private Christi∣ans, not of Magistrates, teacheth that they must obey Nero himselfe. But if all the Nobles, or most of them, or at least one of them endeavour to restraine apparent tyranny, or the Magistrate to drive it from that part of the Realme which is committed to him, if he be such a one, as under pretext of expelling it, may not introduce another tyranny; then verily assembling together, they may run who shall goe fastest to this choyce man, they may earnestly assist with their feete and hands, and as if God himselfe had given a signe from Heaven, of a fight against tyrants, endeavour to free the Kingdome from tyranny. For as God punisheth and chastiseth the people by tyrants,* 1.666 so likewise tyrants by the people: and that is a perpetuall truth which Syrach saith; that Kingdomes are translated from Na∣tion to Nation, for the iniquities, injuries, and wickednesse of Princes▪ and that every tyranny continues but a short space. Thus the Captaines and souldiers care∣fully executed all the commands of Iehojada the High Priest, in revenging the ty∣ranny of Queene Athaliah: Thus all the godly men of Israel went to the Macca∣bees, partly that they might defend the true worship of God, partly that they might free the Republike against the impious and unjust attempts of Antiochus; yea God favoured their just endeavours, and gave them prosperous successe. What then? May not God likewise out of private men themselves raise up some aven∣ger of tyranny? Cannot the very same who raiseth up tyrants out of the people, backed with no title, no pretext, to punish the people, likewise raise up deliverers also out of the lowest of the people? Cannot the same who enthralled the people to Jabin and Eglon, deliver the same people by Ehud, Barac, Deborah, and as it were manumit them when they were deserted by the Nobles? What therefore should now hinder, thou wilt say, but that the same God who hath sent Tyrants on us at this time, should likewise extraordinarily send revengers of tyrants? Why, if Ahab rageth against good men, if Jezabel suborne false witnesses against Naboth, shall not there be also a Iehu, which may extirpate the family of Ahab, who may avenge the bloud of Naboth, who may cast downe Iezebel to be torne in peeces of Dogges? Verily, what I have answered before, as nothing hath de∣parted from the justice of God at any time, so not from his mercy. But yet since those evident signes, by which God was wont to confirme these extraordina∣ry vocations of those Worthies, are for the most part wanting to us in this age,

let the people take heed, lest whiles they seeke to passe over Sea with a drie foote, some Impostor being their Captaine, they fall not headlong into a gulfe, which we read sometimes to have hapned to the Jewes: lest whiles they seeke a reven∣ger of tyranny, they perchance follow one, who, that tyrant being expelled, will translate the tyranny it selfe unto himselfe: lest finally whiles they seeke to deserve well of the Common-wealth, they militate to the private lust of any; so as that may fall out which hath hapned to many Republikes, especially the Italian, whiles that they endeavour to remove the present evill, they bring in a farre greater.

I shall close up this with three Authorities more; the first, of Mr. John Calvin, who pleads as much for obedience to Tyrants and unjust Magistrates as any man: In∣stit. lib. 4. c. 20. sect. 31. I alwayes speake of private men: For if there be any popular Magistrates constituted to moderate the lust of Kings (such as heretofore were the Ephori, who were opposed to the Lacedaemonian Kings, or Tribunes of the people against the Roman Senate; or the Demarchi against the Athenian Senate, and which power peradventure, as now things stand, The three Estates in all Kingdomes enjoy, when they assemble) I am so farre from inhibiting them to withstand the raging licentiousnesse of Kings, according to their duty: that if they connive at Kings outragiously encroaching upon, and insulting over the inferiour common people, I shall affirme, that their dissimulati∣on wants not nefarious perfidiousnesse, because they fraudulently betray the li∣berty of the people of which they know themselves ordained protectors by Gods ordinance. The second is, Huldericus Zuinglius: Explanatio Artic. 42. Quando vero perfide & extra Regulam Christi (Principes) egerint, possint cum Deo deponi, con∣sensu & suffragiis totius, aut certe potioris partis multitudinis. Quaeris quando id fiet, ut major pars populi bono consentiat? Ad hoc dico quod antea; si non consentiunt ut malum tollant, ferant jugum Tyranni, & demum cum eo pereant. Nec querantur sibi fieri injuriam, cum sua culpa id mereantur ut quidvis patiantur. Quis ergo miretur si populus ob flagitia & scelera Principum paenas luat? Primum, cur non juxta na∣turae regulam cum proximo agimus? Sic enim omnes fratres essemus, & Principe nul∣lo esset opus. Deinde, cur non summo studio justitiam sectamur, & exosam habemus in∣justitiam omnes? Sic enim facile fieret ut unanimi consensu tyrannum officio moveremus. Nunc cum tam tepidi sumus in tuenda justitia publica, sinimus ut impune vitia Ty∣ramorum bodie regnent. Merito ergo ab illis conterimur, & tandem cum illis luimus. Non ergo desunt viae per quas tyranni tollantur, sed deest publica justitia. Cavete vobis, O Tyranni, Evangelium enim Jesu Christi late sparsum vitam multorum innovabit ut in∣nocentiae & justitiae plurimi studeant, cui & si vos studueritis, summo bonore vos prose∣quantur, sin furere & vim facere perrexeritis, omnium pedibus conculcabimini. So he

The last is the generall Union of the States of the united Provinces, to defend their Liberties and Religion, made at Brussels, the tenth of January 1577. thus rela∣ted by Grimston in his History of the Netherlands l. 10. p. 492. 493.

The States seeing themselves ingaged in warre on all sides against the Spaniards, (who were proclaimed enemies to the Countrey) fearing some dis-union amongst themselves, by the inticing perswasions of such as sought to dismember them, they resolved, before that Don John should enter into the Countrey, to make a generall u∣nion among themselves, as well Prelates, Noblemen, and Townes, as of others of the seventeene Provinces: which was allowed by the Lords of the Councell of State, deputed by the King, for the government generall of the said Countries; whereof,

the Originall remaines in the custody of the States of Brabant. Of which Union, the Tenor followeth.

A generall Ʋnion of the States.

VVE who have signed these presents; Prelates, Church-men, Noblemen, Gentlemen, Magistrates of the King, Townes, Castles, and others, ma∣king and representing the States of the seventeene Provinces, being presently as∣sembled in this Towne of Brussels, and others, being under the obedience of the most high, mighty, and famous Prince, King Philip, our Soveraigne Lord and na∣turall Prince; we give all men to understand, both present and to come, That see∣ing our common Countrey afflicted by a more then barbarous and tyrannous op∣pression of Spaniards, we have beene forced and moved to unite our selves toge∣ther, and with Armes, Counsell, Men, and Money, to assist one another against the said Spaniards, and their adherents; being declared Rebels to his Majesty, and our enemies. And that this union and conjunction hath beene since confirmed by the Pacification last made; and all by the authority and consent of the Councell of State, committed by his Majesty for the generall government of the said Coun∣tries: And as the pretended end of this Union requires all fidelity, constancie, and naturall assistance for ever; and that we would not by any misprision have cause of jealousie or mistrust, and much lesse of any bad affection or disposition of any of us; but contrariwise, to have the affaires of the said Union effected with all the sincerity, fidelity, and diligence that may be, so as not any of the subjects and in∣habitants of the said Countries and Province may have any just cause to be discon∣tented, or to doubt of us:

For these considerations and reasons, and that nothing may be treacherously done, to the prejudice of our common Countrey, and just defence; or that omit∣ted by negligence, which shall be necessary for our just and lawfull defence; We have by vertue of our power and commission respectively, and otherwise for us and our successors, promised and doe promise, by the faith of Christians, of honest men and true Countrey-men, to keepe and entertaine inviolably for ever the said Union and Association; so as not any one of us may breake or fall from it, by dissimulation, secret intelligence, or in any sort whatsoever. And that for the pre∣servation of our holy, Catholike, and Romish Faith, and the accomplishment of the Pacification, as also for the expulsion of Spaniards and their adherents (with all due obedience to his Majesty) for the good and quiet of our Countrey, and the maintenance of our Priviledges, rights, Freedomes, Statutes, Customes, and antient uses: For the effecting whereof, we will use all meanes possible; imploying both Money, Men, Counsell, and goods, yea and our lives, if it were necessary. And that none of us may in private give any counsell, advice, or consent, nor have any secret conference with them that are not of this Union, nor yet reveale unto them in any sort what hath or shall be treated of in this Assembly, or resolved; but shall wholly conforme himselfe according to our generall and common reso∣lution.

And in case, that any Province, Estate, Countrey, Towne, Castle, or House, were besieged, assaulted, invaded, or opprest in any sort whatsoever: yea, if any

of us, or any others (having indeavoured himselfe for his Countrey and the just defence thereof, against the Spaniards, or for other causes depending thereon, as well in generall as particular) should be sought after, imprisoned, ransomed, mo∣lested, or disquieted in his person, and goods, honour, and estate, or otherwise; we promise to give him assistance by all the said meanes; yea, and to procure the liberty of them that shall be imprisoned, either by force, or otherwayes; upon paine to be degraded of their Nobility, Name, Armes, and Honour, and to be held perjured, disloyall, and enemies to our Countrey, before God and men, and to in∣curre the note of Infamy and cowardise for ever. And for the strengthening of this our holy Union of Association, we have signed these presents the tenth of January, 1577.

Underneath were the signatures of the Deputies of every Province, Prelates, No∣blemen, and Commissioners for Townes; and underneath them, was written the agreation of the Councell of State, as followeth: The Deputies of the generall Estates here under-written, having required them of the Councell of State, com∣mitted by his Majesty for the government of the Netherlands, to consent unto and allow of that which is contained in the Union above written: The Councell, in regard of the said request, and the reasons therein contained, have as much as in them lay, allowed, and doe allow by these presents, the said Union, according to the forme and tenor. Made at Brussels in the State-house, in the Assembly of the said States, the tenth of January, 1577. And underneath was written:

By the commandement of the Lords of the Councell of State: Signed; Berrii.

If any shall here object;* 2.1 thata 2.2 Kings are of divine institution; whence, Dei gratia, (By the grace of God) is peculiarly annexed to their Titles; and not communi∣cated unto Subjects. Therefore though they prove never so flagitious or tyranni∣call, they may in no wise be forcibly resisted, or questioned by their Nobles and Par∣liaments for their crimes.

I answer briefely (because I haveb 2.3 elswhere largely dissipated this objection) First, that Kings are no more of divine institution, then any other inferiour Magistrates, Officers, or Princes whatsoever; as thec 2.4 Scriptures abundantly evidence. But all o∣ther inferiour Magistrates, Officers, and Princes whatsoever are resistible, questiona∣ble, censurable, and deposible for their tyranny, wickednesse, and misgovernment by the Parliaments censure, as Id 2.5 have proved, notwithstanding their divine insti∣tution; therefore such degenerating Kings too, as well as they in such cases.

Secondly, alle 2.6 Ministers of the Gospel, are as much, (if not farre more) Jure divi∣n••, and by Gods owne ordination, as Kings are; a truth undeniable. But they for their offences and misdemeanors contrary to their function, may be both forcibly resist∣ed, censured, deprived, degraded, yea and executed, notwithstanding their divine right and institution; as the Canons of most Councels, the practise of all ages, yea, the expresse letter of the 26. Article of the Church of England, with all our Episcopall Canons and Canonists attest: Therefore tyrannicall degenerating Kings may be so too, by the selfe-same reason, in some cases.

Thirdly, this Title of Dei gratia, in publike Writs, anciently hath beene, and yet is common to Bishops, Prelates, inferiour Magistrates and Subjects, as well as to Kings; as sundry precedentsf 2.7 in our Law bookes,g 2.8 Matthew Paris,h 2.9 Salon, with others attest, and Mr. John Selden in his Titles of Honour, part. 1. chap. 7. Sect. 2. p. 123. profes∣sedly proves at large, to whom I shall referre you: But these both lawfully may be, and alwayes have beene forcibly resisted, questioned, convented, deprived, censured for their tyranny and misdemeanors, notwithstanding this their stile of Dei gratia, or pretence of divine institution: yea, we know that Bishops have beene lately thrust out of many Churches, notwithstanding their long pretended Ius Divi∣num to support their Hierarchy; and Iohn Gerson a Papist, hath writ a parti∣cular Treatise De Auferibilitate Papae, notwithstanding the Popes pretended Divine Title to his Monarchy, which may be now, and one day shall be totally abolished. Therefore tyrannicall degenerous Kings, may be justly resisted, censured, deprived, as well as they, and royalties changed into other governments, by the peoples and kingdomes common consents, if they see just cause.

If any secondly object:* 2.10 That Kings are annoynted at their Coronation; There∣fore their persons are sacred, irresistible, unquestionable, unpunishable, for any ty∣rannicall or exorbitant actions whatsoever.

I briefly answer: first, that every Christians Baptisme, (being a Sacrament of Christs owne institution) at least his spirituall unction and sanctification, (as I havei 2.11 formerly proved) makes a person as sacred, yea more holy, then Kings an∣noynting (being no Sacrament) can, or doth of it selfe make the person of any King whatsoever. A truth which no Christian can without blasphemy deny. But Bap∣tisme, and the inward unction of the spirit of grace and sanctification, exempts no Christians from resistance, censure, punishments of all sorts, in case they commit any exorbitant or capitall crimes; as experience tels us: Therefore Kings Coronation annoyntings cannot doe it.

Secondly,k 2.12 Priests anciently were and at this day too in the Roman Church, are an∣noynted as well as Kings; and so are children and sicke persons (that I say not Altars, Bels, &c.) with Chrisme and extreame Ʋnction: But these Unctions conferre no such immunity to Priests, children, sicke men, others, &c. Therefore neither can this an∣noynting doe it to Kings, especially now, being no divine institution.

Thirdly, The annoynting of Kings, is not common to all Christian Kings (ma∣ny of them especially in former times, having beene crowned without any an∣noynting at all) but peculiar to Emperours, and to the Kings of Ierusalem, France, England, and Sicily, the foure annoynted Kings, onely, asl 2.13 Albericus,m 2.14 Restaurus Castaldus,n 2.15 Antonius Corsetus,o 2.16 Azorius,p 2.17 Cassanaeus, andq 2.18 sundry others affirme, out of the old Roman Provinciall: though some other Kings have now and then beene annoynted when they were crowned, as Mr. Selden proves. Since therefore all Kings persons are reputed sacred, as well as these foure who are annoynted; and these Kings as soone as the Crowne descended to them, even before their Unctions and Coronations were deemed as sacred and inviolable as before; it is certaine, that their very enoyling of it selfe makes no addition to their personall immunities from just resistance, publike censures, or deprivations for grosse unsufferable pub∣like crimes.

Fourthly,* 2.19 the annoynting of Christian Emperours and Kings is not very ancient;

Charles the great being the first annoynted Emperour if wet 2.20 beleeve Mr. Selden. The first annoynted King in France, was Pipin about the yeare 750. the annoynting of theirv 2.21 Clovis the first, about the yeare 500. with that holy Vial of never-decay∣ing Oyle (reserved at Rheimes to annoynt their Kings) which they say a Dove brought downe from Heaven to annoynt him with, (a ridiculous Monkish fable, much insisted on byx 2.22 Bochellus and other French-men, who relate the grand solemnity used in the carrying and recarrying of this fabulous Vial, at the French Kings Coronations) being not at his Coronation, as many fondly mistake, but onely at his baptisme, as Mr. Selden manifests by pregnant authorities; The annoynting of Kings is farre more ancient in England then in any other Realme,y 2.23 as Mr. Selden notes out of Gil∣das; yet Egfert is the first of whose annoynting there is any intimation in our Histories, about the yeare 790. To adde to the holinesse of which ceremony, some of ourz 2.24 Monkes in latter ages have forged a Legend (as good as that of the holy Viol at Rheimes) that the Ʋirgin Mary gave to Thomas Becket, Archbishop of Canterbury (during his exile under Henry the second) a golden Eagle full of precious Oyle, inclosed in a stone vessell, commanding him to preserve it: foretelling him, that the Kings of En∣gland annoynted with this Oyle, should be Champions of the Church, and bountifull, and victorious as long as they had this Eagle, & oyle. How late the Unction of Kings began in other Realmes, you may read at large ina 2.25 Mr. Selden; and how the later Kings of Judah were annoynted, and with what unguent or Oyle, the curious may read at leisure inb 2.26 Cunaeus. This annoynting therefore of Kings being not of divine institution, of such puny date in most Realmes, and no wayes necessary nor essentiall to the constitution or Inauguration of any Christian King; can adde no immunity, or priviledge at all to the persons of Kings, much lesse exempt them from all forcible resistance, just censures, or deprivation it selfe, if there be just and reall cause to proceed criminally against them in case of incorrigibility, as I have elsewhere more fully demonstrated, and therefore shall no further expatiate in this particular here: onely I shall conclude with one notable History which proves it.

I read in* 2.27 Gulielmus Neubrigensis; that for an hundred yeares space and more, though there were a numerous succession of Kings in Norway, yet none of them ended his life by old age or sicknesse, but all of them perished by the sword, leaving the soveraigne power of the Realme to their murderers, as to their lawfull successors, so as to all those who are knowen to have reigned there for so long a time, that which is written might seeme to have reference; Hast thou slaine, and also taken possession? The Nobles of this Land out of a pious endeavour, desirous to heale this infamous mischiefe, obteining now the vigour of a Law as it were through long custome, decreed, That the new King should be solemn∣ly annoynted with a mysticall unction, and crowned, so as no man should dare from thenceforth to lay hands on the Lords annoynted: For till that time none in that Nation hath ever beene consecrated King after an Ecclesiasticall manner, but whosoever had Tyrannically slaine a King, put on the person and power of a King thereby, and left the same likewise after a little fortune to his murtherer, by a law of inveterate custome, which ve∣rily, out of a certaine Christian simplicity, was thought by many to have beene therefore so frequently done, because none of the former Kings had deserved to be initiated with the solemnitie of a Royall Vnction. Therefore Haco being slaine who had succeeded King Jnge slaine by him, when the succession of the Crowne seemed to belong to one Mag∣nus a child, Nephew to Jnge, the Wisemen and Nobles of the Realme by a common De∣cree,

caused the said child to be solemnly consecrated to be the Lords annoynted, and crowned with a Diadem. By which deed they thought that they had a Prince made sacred to them, and that the disgrace of the ancient custome was thereby abolished. But when Mag∣nus had reigned some few yeares in great prowesse and happinesse, a most infamous Priest Suerus, surnamed Birkebain, usurped a Tyranny, twice defeated Magnus by warlike stratagems, and at last utterly routed and slew him in battell; (notwithstanding his an∣noynting) and usurping the Crowne, renounced his holy orders, married a wife, and would have beene crowned by the Archbishop of that Land; but he being a great man, would neither be moved with prayers nor threats, to annoynt an exectable head with sa∣cred Vnction, for which he was banished the Countrey: at last after two great victories against two competitors who were slaine, Suerus obtained the Royall Crowne, with mysticall Vnction, by the hands of a certaine Bishop compelled thereunto under paine of death, as it were secure by his frequent successes, from the uncertaine end of a long prospering tyran∣ny, &c. By which History it is evident, that it is but a childish simplicity to be∣leeve, that the ceremony of annoynting Kings can of it selfe make Kings persons sacro-sanct, or preserve them from violence or assassinations, since it no way preven∣ted this mischiefe in this Realme, (nor yet in any other) the very first King for whose personall safety this ceremony of annoynting and crowning was introduced among the Norwegians and Danes, being not long after slaine by his Subjects and competitor in battell.

I shall close up this with the notable sentence of deprivation solemnly given and executed against Wenceslaus the Emperour, notwithstanding his annoynting.

The sentence of Degradation and Deprivation of the Empe∣rour Wenceslaus King of Romans,* 3.1 pronounced by the Electors of the Empire in the yeare of our Lord. 1400.

IN the name of God Amen: We John by the grace of God, Archbishop of the Church of Mentz, Arch-chancellor of the sacred Roman Empire throughout Germany, make knowne to all men present and to come. What various, manifold, and grievous, as well in∣commodities as discords, have for many yeares since beene brought into the holy Church con∣tinuing even to this present, and daily sprouting up more abundantly to the most grievous convulsion, imminution, and dissipation of the sacred Roman Empire, (which ought to be a Garrison to the Church of God and the Christian world) as they cannot be all written, so the mischiefes daily increasing do manifestly enough teach and confirme. And for this cause the Lords Electors of the sacred Roman Empire, the ardent petitions of the holy Church, Princes, Nobles, Cities, Provinces, and Subjects of the sacred Empire, intreating, desiring a prudent Moderator, have long agone very often and seriously, together with us admonished the most illustrious Prince Lord Wenceslaus King of Bohemia, both by their owne and their friends labour, and finally by letters; and have diligently set before his eyes, privately and publikely, his unbeseeming and detestable manners and actions in governing, as also the defects, incommodities and discords of the said Church and Christian world, likewise the most grievous avulsions and diminutions of the members of the sacred Empire, hurtfully done, and permitted to be done, against the dignity of his name: to wit, that he hath not pro∣moted peace in the Church, although the great necessity of the Christian world, as likewise his

office of Advocate and Defendor of the Church, earnestly required it, and he hath also beene frequently desired, required, and admonished to doe it: he notwithstanding perniciously mu∣tilated the Empire, and permitted it to be maimed in some members. In the number whereof are Millain, and the Province of Lombardy, which were of the right of the same Roman Empire, most ample emoluments returning thence to the Empire: in which Dominion the Millainer, like a Minister, enjoyed it as a part of the Roman Empire; when as He, con∣trary to that which became his sublimity and dignity, receiving money, created a Duke of Millain, and an Earle of Papia. Moreover, he hath alienated divers Cities and Lands be∣longing to the Empire, as well in Germany as in Italy, some whereof had returned to the same, having little consideration, that he ought to retaine them with the sacred Empire.

Moreover, he hath sold for money to his friends, very many naked and unwritten Parch∣ments, ratified notwithstanding with the Seale of his Majesty; wherein it was lawfull both for them and others into whose hands these Parchments came, to write what things they pleased under the royall Seale. Out of which thing, for the hurtfull diminution and dissipa∣tion of the rights and emoluments of the sacred Roman Empire, great complaints are risen up. Moreover he never had any care of the controversies and warres, which (alas for griefe!) have miserably afflicted and ruined Germany, and other lands of the sacred Empire. Hence spoylings, burnings, and robberies have sprung up, with such lamentable encreases even at this day, that none, neither Clarks nor Laicks, neither hasbandmen nor Merchants, neither men nor women, whether by land or sea, may converse in safety. Temples, Monasteries, and religious houses, which the sacred Empire ought with its hand to assist and defend, are ex∣posed to rapines, and burnings, and reduced to destruction. Things are gone to this passe, that e∣very one might have handled, and may even now handle another at his pleasure, against the rea∣son of right and equity, without any feare of the sacred, and long despised Imperiall au∣thority, so as even the place of conventing any one, where the defence and patronage of right may be undertaken in the name of the Empire, is altogether unknowne. Finally, which is horrible and dreadfull to be spoken, both with his owne hand, and the hand of o∣ther wicked instruments he hath with him, he hath put to death, drowned in the waters, burned in the fire, miserably and cruelly destroyed, the reverend Bishops of holy things, Priests, and spirituall Pastors, likewise many other men of honest note, against the rule of right, otherwise then became the King of Romans. Which mentioned things verily, and ma∣ny other grievous wickednesses and dammages are so divulged and openly knowne, that they can be no wayes excused or concealed. Therefore we, as we have fore-written, have frequently very earnestly beseeched, admonished, and required him, that renouncing this unbeseeming kind of life, he would take the study and labour to himselfe, whereby he might recover to the holy Church, oft-times imploring his aide, as King of Romans, and her Advocate, peace and tranquillity, and to the sacred Empire, its prestine honours, Do∣minions, and finally its emoluments; to the assistance and consolation of the Christian world, grievously debilitated and oppressed in this regard.

Now albeit we have most clearely explicated to the foresaid Lord Wence••••aus, and ex∣hibited to him in writing, these and other more grievous defects, concerning him as King of Romans, and the Empire; yet having heard his answers, and having reiterated our se∣rious exhortations, moreover having communicated the businesse to the sacred Roman Sea, we have never as yet found him, to have amended his manners as became a King of Ro∣mans; namely to recover peace to the Church, principally necessary to the Christian world; also to the sacred Empire, its dignities, lands, and Dominions: a thing which is most no∣toriously

knowne throughout all the Provinces of the Empire.

Therefore because we could no longer neither conceale, nor endure the remembred and ma∣ny other defects, touching the sacred Church and Empire, with grievous losse and mour∣ning; by reason of the instant petitions of the persons aforesaid, but especially by reason of the Oath wherewith we are obliged to the same, as the next superiour members of the sa∣cred Empire; therefore as of bounden duty, we were to advise and endeavour how the sacred Empire might be more rightly and wholesomly provided for, (by whose madde and negligent administration those inconveniences have crept in) to the safegard and conso∣lation of the Christian world. And verily as He in obeying us, had performed an ac∣ceptable thing, so we have sufficiently and seriously called and cited him, so as wee have signified to him; that unlesse he should be present at the place and day appointed, it would come to passe, that both in respect of the petitions exhibited to us, as likewise in respect of our Oath, we should be compelled to take and enter into such counsels, whereby the sacred Empire might be better setled: most clearely attesting it in our letters. For this purpose we appeared at the place and time prescribed, together with our Coelectors sufficiently summoned, also with the other Princes and of the sacred Empire, expecting from day to day, whether the foresaid Lord Wenceslaus would appeare, to apply a remedy to the fore∣said diseases, and from thenceforth more rightly to consult about the affaires of the sacred Em∣pire. But he neither vouchsafed to appeare, nor yet to send any one to us in the name of a Proctor. Wherefore when as by reason of so many pregnant and pernicious defects, we had admonished and reproved him very often in private and in friendly manner, but after that, when we could doe no good, before the Princes and Nobles, and Cities of the Em∣pire, in divers Assemblies, not without great and grievous expences, yet without any fruit; therefore we referred all the fore-mentioned things to the sacred Roman Sea. But when as neither then, he no whit regarded all those things, we could conjecture nothing else from thence, but that he had laid downe the care both of the Church and Christian world, but especially of the sacred Empire. Therefore resolving, that this mischiefe, destructive to the whole Christian Republike, was by no meanes to be any longer borne and tolerated, with a minde well confirmed, after many and various debates and consultations, both be∣tweene our selves, as also with other Princes and Nobles of the sacred Empire, seriously had, for the safety of the Church, the consolation of the Christian world, the honour and profit of the sacred Empire, we have thought meet, that the foresaid Lord Wenceslaus, should at this time be wholly removed from the Roman sacred Empire and all its dignity, as one that is negligent and a destroyer of the Empire, and unworthy of it.

Therefore we John, Archbish. in the name of the foresaid Lords Coelectors of the sa∣cred Empire, and our owne, moved both with the commemorated, as also with many other notable defects and causes, by this our sentence, which we give and pronounce by this our present writing, DEPRIVE and REMOVE the foresaid Lord Wenceslaus, a•• an unprofitable, negligent waster, and unworthy Defender of the sacred Empire, from the foresaid Roman Empire, and from all his degree, dignity, and Dominions appertaining to the same: denouncing to all the Princes, Nobles, Knights, Gentlemen, Cities, Provin∣ces and Subjects of the sacred Roman Empire, that they are altogether free from all ho∣mage and Oath made to the person of Wenceslaus in the name of the Empire: requi∣ring and admonishing them under the faith of the Oath, wherewith they are obliged to the sacred Empire, that they doe not henceforth, obey, and submit to the said Lord Wence∣slaus, as the King of Romans, nor exhibit or suffer to be exhibited to him any right, obe∣dience,

tribute, rent, or any other revenue, b•• what name soever it may be called; but re∣serve the said duties, for a profitable and idoneous King of Romans, hereafter to be substi∣tuted by Gods gracious assistance.

In assurance and testimony of all which things, We John Archbishop of Mentz, have caused this present Instrument to be made by the subscribed Notaries, in this patent forme, and our great Seale to be affixed thereunto. This premised sentence was read and pro∣nounced by us John Archbishop of Mentz, in our name, and the names of the Lords, Coelectors before remembred, under the Castle Lonstein at the Rhene, in the Diocesse of Triers, reaching towards Brubachium, out of a publike Throne, erected for the use of a Tribunall, the Lords Coelectors sitting there in judgement, in the yeare of our Lords Incar∣nation, 1400. the eight indiction, on Saturday the twentieth day of the month of August, a little before the time of the Nones; in the eleventh yeare of the Papacy of our most holy Father and Lord in Christ, Lord Boniface the ninth, Pope, by divine providence; in the presence of the most illustrious Princes and Lords, John, sonne of the most illustrious Prince and Lord Rupert, Duke of Bavaria and Count Palatine of Rheine, Fredericke Burgrave of Norimberge, the Noble Philip Lord of Nassau, and Sar∣brucke, Emichon of Luringen, John of Zigenhaim, Cunrade Burgrave, our Ca∣non of Mentz, Earles: Bernhard of Westerburg, John of Limpurge, Rinehard of Honowe, Barons: Mr. Nicholas Berwin of the sacred Page, John of Witenburg, and Nicholas Burgman, of the Decrees; Mr. Herman President of Saint Gerion of Colen, Doctors of the Law likewise the valiant Knight Sigfride of Lindow, our Ʋice-Commander in Ringaugia; John Bossen of Waldeck, our Buggrave Beckelnheim; and our trusty Henry Rulman, of Dadenberg, Gerard of Emerberg, Lord in Lant∣scron, Fredericke of Sachenheim, Culman of Coneren, John of Dalburg, Ru∣dolfe of Zeissikon, as also many other Lords, Knights, and Gentlemen, spirituall and secu∣lar▪ standing by in great member, called and requested to the things above written.

And I Nicholas Berchtoldi Fridberg, Clerke, publike Notary of the Diocesse of Mentz, by Episcopall and Emperiall authority, and sworne Scribe of my foresaid most gra∣cious Lord, Lord John Archbishop of Mentz, because at that time I was personally present when this sentence which we have fore-writ, was given and pronounced, together with the publike Notaries and witnesses commemorated, and saw and heard all these things to be done; therefore at the command and request of my foresaid most gracious Lord of Mentz; have reduced this publike instrument faithfully put in writing, into publike forme, and have subsigned and ratified it with my accustomed signe of Notariship, having likewise annexed the great Seale of my foresaid Lord of Mentz, in assurance and testimony of all th•••• premises.

The names of the Notaries are,

• Nicholaus Berchtoldi Fridburgensis.
• Joannes Meier junior Gasterveldensis.
• Conradus a Leiborn, Clericus, Padebornensis di••cesis.
• Henricus Stalberg Rotenbergensis.
• Tilmannus a Honberg.
• Conradus Coler Zustensis, Coloniensis diaecesis.

Finally, it is evident; that the Nobles, Magistrates, Parliament, and representative body of the people, or some part of them in default of the rest, may lawfully take up defen∣sive armes to resist their Princes, endeavouring to abrogate the Law of God, to waste the Church, and extirpate the true Religion setled among them by the Lawes, and usher in Idolatry. And, that in such a case as this, neighbour Princes and States lawfully may, yea and ought in point of conscience, to aide the Subjects of other Princes, afflicted for the cause of pure Re∣ligion professed by them, or oppressed by open Tyranny.

These propositions are largely and professedly debated by Junius Brutus in his Ʋindiciae contra Tyrannos: quaest. 1. 2. & 4. throughout, in the Treatise intituled De Jure Magistratus in Subditos, spent wholly in this Theame. Georgius Obrectus. Disput. Jurid. de Principiis Belli. Num. 125. to 199. by Ʋasquius. Contr. Illustr. 36. n. 30. and elsewhere, by Albericus Gentilis, and sundry others forecited: I shall onely for∣tifie the later part thereof, with the observation of the* 3.2 Duke of Rhoan, who ac∣quaints us; that it is, and hath beene of later yeares the very true interest, honour, and great∣nesse of the Kings and Queenes of England, both in point of policy and Religion, to protect•• and assist with armes all Princes of the Reformed Protestant Religion, in France, Germany, and other parts; as it is the true interest of the Kings of Spaine, to protect and releeve all oppressed or grieved Roman Catholicks under the Dominion of other Princes: and that their honour, safety, and greatnesse principally consists in the observation and maintenance of this their interest: and with the words of Junius Brutus; who thus states and de∣bates the Question.

An Jure possint,* 3.3 aut debeant Ʋicini Principes auxilium ferre aliorum principum sub∣ditis, religionis causa afflictis, aut manifesta tyrannide oppressis?

In defining this question (saith he) there is more need of conscience, then science, which would be altogether idle, if charity obtained its place in this world. But be∣cause as the manners of the times are now, there is nothing more deare or rare a∣mong men, then charity it selfe, we thinke meete briefely to discusse it.

The Ty∣rants as well of soules as bodies; as well of the Church as Common-wealth of Realme, may be restrained, expelled, and punished by the people. Both these we have already proved by reasons. But, because such is the fraud of Tyrants, or such the simplicity of subjects for the most part; that they are scarce known before that they have spoyled; or these scarce thinke of their safety, till they have almost pe∣rished, and are reduced into those straits, out of which they cannot get out with their owne forces, so as they are compelled to implore the aide of other; it is questioned, Whether they defending the cause of Religion or of the Common-wealth, of the Kingdome of Christ, or of their owne Kingdome, other Christian Princes may lawfully as∣sist them? And truly many, whiles they have hoped to increase their wealth by ay∣ding the afflicted, have presently judged it to be lawfull. For thus the Romans, A∣lexander the great, and many others, under pretext of suppressing Tyrants, have frequently enlarged their Dominions: and not long since we have seen Henry the second, King of France, to have made warre with the Emperour Charles the fifth: and that under pretext of succouring and defending the Princes of the Empire, and of the Protestants too; as also Henry the eighth, King of England, was ready to aide the Protestants in Germany, to make worke for Charles the fifth: But if any danger may be feared from thence, or little gaine may be expected, then verily they must heare most Princes disputing, whether it be lawfull or no? And as those un∣der

a pretext of piety, did cover either ambition or gaine; so these pretend justice for their sloathfulnesse; when as verily neither did piety exhort them, which seekes onely the good of others, nor yet justice ought to dehort these, which looks wholly abroad, and is as it were, cast out of its owne doores. Therefore, dischar∣ging both these, let us see first in the cause of Religion, what true piety, and what true justice may perswade. First, let it be agreed, that there is but one Church, whose head is Christ, and whose members so cohere and agree among themselves, that none of them; even the smallest can suffer violence or hurt, but the rest are hurt and suffer griefe, as the whole Scripture teacheth. Therefore the Church is compared to a body. Now the body is oft-times affected not onely with the hurt of the arme, or legge, but even of the very the least finger, or perisheth with its wound. Therefore in vaine may any one boast, that he is cordially affected with the safety of the body, who when he may defend the whole, yet suffers it to be torne and mangled limb after limb. It is compared to a building: Now, where mines are made against any part of the building, the whole building oft-times fals downe to the ground; and the flame which invades any part thereof endangers the whole. Therefore he should be ridiculous, who because he dwels in the cellar perchance, should delay to drive the flame from the top of the house: He should be scarce in his wits, who would not prevent mines with countermines, because they are made against this wall, not against that. It is also compared to a Ship: Now the whole Ship is endangered together, the whole perisheth together: There∣fore those are equally safe who are in the fore part, as those who are in the puppe; those who are in keel, as safe as those in the shrouds, if the storme rage: when ve∣rily even in the common proveb, those who are conversant in the same danger, are said to be in the same Ship: These things laid downe, verily he who is not moved with its griefe, burning, tossing, is not of that body, is not accounted of the fa∣mily of Christ, hath no place in the Arke. Yet he who is but a little moved, ought no more to doubt, whether he ought to aide the afflicted members of the Church, then whether he may helpe himselfe, since in the Church all are one; but rather every one is bound in his place to afford his helpe and assistance to them; and so much the more helpe, by how much the more riches he hath received from God, not so much to be possessed, as expended.

This Church as it is but one, so likewise it is universally and intirely commit∣ted, commended to all Christian Princes severally: For because it had beene dan∣gerous to commit the whole Church to any one; and to commit the severall parts thereof to particular persons, had beene clearely contrary to its unity; God hath committed all of it to every of them, and its particular parts to any of them: Nor yet so, as that they should onely defend it; but also, that they should have a care to propagate it, as much as they are able. Therefore if the Prince of the Coun∣trey, takes care of one part thereof, perchance the German or English; but yet deserts and neglects the other oppressed part, if he be able to relieve it; he is judg∣ed to have deserted the Church, since the spouse of Christ verily is but one, which he ought to defend and protect with all his might, lest it should be violated or corrupted any where. The instauration of this universall Church as private men are bound to promote with bended knees, so Magistrates, I say, are obliged to doe it with their feet, hands, and all their strength. Neither is the Ephesian Church

one, the Colossian another, and the rest; but all these particular Churches are parts of the universall; now the universall is the Kingdome of Christ, which all pri∣vate men ought to desire; but Kings, Princes, Magistrates, are bound to amplifie, dilate, defend, and propagate every where, and against all whomsoever. Therefore among the Jewes there was one onely Temple built by Solomon, which represented the unity of the Church. Now he should be a ridiculous Churchwarden, and to be punished, who should take care onely to preserve one part safe and sound, but suffer the rest to fall to decay; likewise all Christian Kings when they are inaugu∣rated, receive a sword, of purpose to defend the Catholike or universall Church; which taking into their hand, they point out all the quarters of the world, and brandish it towards the East, West, South and North, lest any part thereof should be thought excepted. Since then they receive the protection of the Church in this manner, without doubt they understand the true, not false Church. There∣fore they ought to doe their endeavour to defend,* 3.4 and to restore intirely, that Church, which they professe to be true and pure. Now that thus it was observed by pious Princes, examples may teach us. In the time of Hezekiah King of Ju∣dah, the Kingdome of Israel was long before enthralled to the King of Assyria, to wit, from the time of King Hoshea: therefore if that Church of God onely which is in the Kingdome of Judah, and not also the universall, had beene committed to Hezekiah; and if the bounds of the Realmes had been to be kept in defending the Church, in the same manner as they are in imposing tribute; without doubt Hez••∣kiah, especially at that season wherein the Assyrians enjoyed the Empire of the world, would have contained himselfe: But we see that he invited by posts all Is∣rael, the subjects, I say, of the King of Assyria, to celebrate the passeover in Jerusa∣lem; and moreover that the godly in Israel helped them in pulling downe the high places, even in the territories of Ephraim, Manasses, and the rest. So likewise we read that King Josiah, a most godly Prince, purged not onely his owne Kingdome, but the Realme of Israel likewise,* 3.5 then wholly subject to the King of Assyria, from the worship of Idols.* 3.6 Verily where the glory of God, where the Kingdome of Christ are in question, no limits, no bounds, no railes ought to exclude or keepe off the zeale of pious Princes. But if peradventure some greater feare hangs over their heads, they may remember by the example of these, that those who truly feare the Lord, can feare no man. These examples of pious Princes, since the time that the Church, which was first circumscribed in Palestina, hath beene spread over all the world, many Christian Princes have followed: Constantine and Licinius were both Emperours, he of the East, this of the West: they were likewise colleagues endued with equall power: Now it is known, what is commonly spoken; That one equall hath no Empire over another equall: Yet notwithstanding Constantine made warre with Licinius: who being vexed, slew the Christians, and among them many of the Nobles, either for the cause, or for the pretext of Religion; by force obtaines free profession of Religion for the Christians; and finally breaking his faith, and reverting to his pristine cruelty, he commanded him to be put to death at Thessalonica. This I say did Constantine the great, whose piety is so much cele∣brated by the Divines of that age, that some of them will have that spoken of him, written in the Prophet Esay; That Kings should become nursing fathers and Pa∣stors of the Church. He being dead, the Roman Empire was divided between both his

sonnes by equall right, no prerogative being annexed to either of them. Of them, Constans fostered the Orthodox, Constantius the elder, the Arrians; and he verily expelled Athanasius the enemy of the Arrians, out of Alexandria. Truly, if any rules of bounds ought to have beene kept, it ought to have beene betweene bre∣thren: Yet in the meane time Constans threatned his brother, if he restored not Athanasius; being ready to doe it by force, unlesse Constantius had speedily resto∣red him intirely; Now if so be he doubted not to doe this, onely for the resto∣ring of one Bishop, might he not much more justly doe it, where some part of the people is oppressed, when they implore assistance, when they desire to defend their Religion by the Nobles approbation?* 3.7 So likewise Theodosius, by the perswasion of Bishop Atticus undertook a warre against Chosroes King of Persia, that he might releeve the Christians persecuted for Religion sake, although they were truly privat men, which surely those most just Princes, who enacted so many Lawes, and who had so great a care of Law, had never done, if they had imagined, that by this their Act others territories and the Lawes of Nations had beene violated. Yea, to what end were so many expeditions of Christian Princes into Syria against the Saracens; to what end were those Saladinian Dismes so oft imposed; to what end so many sociall warres against the Turkes, so many Crossadoes indicted against them, if it be not lawfull for any Christian Princes, even the most remote, to free the Church from Tyranny, and Christian captives from the yoke of bondage? Now with what arguments were they impelled to the warre, with what reasons were they ur∣ged unlesse these, that the Church was one? that Christ called all whatsoever from all quarters to this service? that common dangers were to be repulsed with com∣mon armes? all which likewise doe plainely suite with this our cause. Now and if this were lawfull for them against Mahomet; yea, not onely lawfull, but like∣wise as a reward was appointed to the industrious, so a punishment both to the sloathfull, and delayers; why not also against the enemy of Christ? If I say, a∣gainst the Graecians besieging our Troy; why not also against Sinon the incendiary? Finally, if it be a pious act to free Christians from bodily servitude, (for the Turkes compell no man to it) is it not much more so, to manumit the soules of miserable men, and to restore them to liberty? And verily these so many examples of pious Princes may be insteed of a Law. But now heare what God himselfe by the mouth of his Prophets doth every where threaten against those, who promote not the instauration of the Church, or neglect its affliction. The Gadites, Reu∣benites, * 3.8 and halfe Tribe of Manasses, desire of Moses that their portion might be given to them and their families on this side Jordan:* 3.9 and Moses truly gave it them;* 3.10 but with this Law and condition; that they should not onely helpe their brethren, the other Israelites, in conquering the Land of Canaan, but, because they had first obtained their portion, that they should goe before them, and be placed in the forefront of them: Which if they should not doe, he accurseth them, smites them with anathema, and compares them to those who had beene judged Rebels at Cadesbernea: For what? saith he, shall your brethren goe to warre, and you in the meane time sit still here? But rather you shall passe over Jordan, neither shall you returne againe hither to your houses before that God hath expelled his ene∣mies from before his face, and given rest to your brethren, as he hath given unto you: Then verily you shall be innocent before the Lord of Israel; verily those on

when the great and good God hath bestowed so great a benefit, unlesse they assisted their Brethren, unlesse they were companions of their labours, unlesse they went before them, should without doubt receive most grievous punishments.

Likewise,* 3.11 when under the conduct of Deborah, those of Nephthali and Zebulon had taken up armes against the Tyrant Jabin, and in the meane time the Tribe of Reu∣ben, which ought to be first in Armes, delighted themselves with the Pipes among the Pastures of the flockes, Dan boasted of the Empire of the Sea, Asher finally tru∣sted in the asperity of Mountaines, all of them are most expresly condemned by the Spirit of God, speaking by the Prophetesse; Curse ye Meroz, saith the Angel of the Lord, curse ye bitterly the Inhabitants thereof, because they came not to the helpe of the Lord against the mighty.* 3.12 But blessed above women shall Jael the Wife of Heber the Kenite be, who (although she might have pleaded a truce with the hea∣thens) yet notwithstanding shee slew Sisera, the Captaine of the enemies Hoast. Therefore piously spake V;riah, The Arke, and Israel, and Judah abide in tents, and oft times passe the night without sleepe in the open fields; shall I then feast with my Wife, eate, drinke, and follow my pleasures? As the Lord liveth, I will never doe this.* 3.13 Contrarily the Princes of Israel did impiously, who trusting in the difficulty of the mountaines of Samaria, and in the munition of Sion, flowed with luxury, feasted, dranke, slept on beds of Ivory, anoynted their heads; but in the meane time wonderfully despised contrite, cruciated, afflicted Joseph, neither were any way mo∣ved with his affliction. Therefore saith the Lord of Hoasts, I abhorre the excel∣lency of Jacob, and hate his palaces; I have sworne by my soule that I will deliver up the City; and all that is therein, yea, these who so greatly rioted shall soone goe with the first into captivity. Impiously also did the Ephramites, who did not onely not gratulate Gideon and Jephtha,* 3.14 attaining the victory and triumphing, but likewise envyed them, though yet they deserted them when they were in danger. Likewise the Israelites, who when David reigned, cryed out; saying: Behold we are thy flesh and thy bones;* 3.15 when he was reduced into straites, said: We have no part in David, nor in the Sonne of Jesse. Impiously doe all those Christians one∣ly in name, who will communicate in the sacred feasts of the Church, and yet will not so much as taste the cup of bitternesse with their Brethren, who seeke salva∣tion in the Church, and yet take no care for salvation and safety of the Church and of its Members. Finally, they acknowledge one Father, God; one Family, the Church; professe themselves to be one body in Christ; yet neither yeeld any aide to Christ afflicted in his Members, or bestow their wealth on him being poore. What thinke we shall be the future punishment of their impiety?* 3.16 Moses compares the deserters of their Brethren, to the Rebels at Kadesbarnea: now none of those by Gods owne decree, entred into Canaan. Therefore they can seeke no place for themselves in the coelestiall Canaan, who assist not Christ most miserably crucified, and dying a thousand times every day, and implores as it were their helpe from doore to doore. Christ himselfe condemnes those to eternall fire, who harboured him not when he was a stranger, who fostered him not when he was a cold, who cloathed him not when he was naked,* 3.17 who relieved him not when he was poore, who freed him not when he was captive. Therefore they ought to know, that eternall fire is prepared for them, who passe him by with a deafe eare daily, suffe∣ring such things, as though in the meane time they may seeme to worke great mi∣racles;

and therefore verily it shall be easier for certaine infidels, than for them; For what doe the Jewes, the Scribes and Pharisees properly crucifie Christ? Doe the Ethnickes, Turkes, finally some Christians, persecute, crucifie, vex Christ in his Members? The Jewes professe and beleeve him an Imposter; the Ethnickes a malefactor; the Turkes an Infidell; others an Heretique. Therefore if they con∣sider the minde of them all, from whom we commonly measure the crime, they all seeme to persecute noxious, impious men deserving punishment, not properly to slay Christ; But they onely doe truely prosecute, truely slay him, who willingly suffer him whom they professe their Me••siah, Redeemer, God, to be tortured and crucified in his Members, when they might hinder it. In summe; he who deli∣vers him not from death,* 3.18 when he may, is equally guilty with him that slayes him: For because he would not helpe him, he willed he should be slaine; Now in a crime the will it selfe ought to be regarded. But certainly, the murther, especial∣ly of Christian Princes, who helpe not those who are persecuted for Religion, is so much the more grievous, by how much the more they slay, whom they might set free, and by how much it is more wicked to slay a brother, than any other per∣son. A wickednesse more horrid than that of the Tyrants themselves; by how much it is worse to slay a good, just, pious, innocent man, than a Theefe, imposter, sorcerer, Hereticke; more flagitious to assault God, than any man: and finally, by how much perfidiousnesse in an equall fact exceeds ignorance.

But whether shall it be lawfull to determine the same of those, who give no as∣sistance to those who are oppressed with Tyranny, or defend the Republicke against Tyranny? since a reason cannot be given of so straite an alliance, of so strict a Co∣venant; when as, I say, we doe not here discourse of the Church, which is but one of all men; which being one and universall, is committed to every one; But of the Republicke, which may be different from that of others; and being diffe∣rent, is committed severally to others? A Neighbour, saith Christ, is not a Jew to a Jew onely, but to a Samaritan, and to any man. Now we ought to love our Neighbours as our selves. Therefore a Jew, if he would discharge his duty, is bound to deliver from a theefe, if he be able, not a Jew onely, but likewise every stranger, yea likewise one unknowne. Neither will any one dispute, whether it be just to defend himselfe; seeing verily it is more just to defend another than himselfe in this respect, wherein things are more just, which meere charity doth, than those which either anger, or revenge, or other perturbation of the minde doe: and no man holds a meane in revenging his owne injuries; but in other mens, although more grievous,* 3.19 even the most immoderate may hold a meane. But we may learne from the heathens themselves, what humane society, and what the common nature of all men require of us in this thing. For Cicero saith, there is one nature of all men; that even nature it selfe prescribes this, that a man ought to take care of a man, who ever he be, even for this very cause, that he is a man. If otherwise, all hu∣mane consociation must necessarily be dissolved. Therefore, as there are two foun∣dations of justice: first, that no hurt be done to any; next, that the profit of all, if it may be done, be advanced: So also there are two kinds of injustice; one of those who offer injury; the other of those who propulse not wrong from those to whom it is offered, if they be able. For he who doth unjustly against any one, incited either by anger, or other perturbation, he seemes as it were to offer

violent hands to his companion; but he who doth not defend, or resist an injury if he can, is as much in fault, as if he deserted either his Parents, or Friends, or Country. So that what the one doth, anger is judged to doe, which is reputed a short fury; what the other, an evill minde truely, which is a perpetuall tyran∣ny. And however his fury may be excused, the others destinated counsell can by no meanes be excused. Thou wilt say, I feare that while I repulse an injury from him, I should doe an injury to the other. Yea verily, thou wilt cover thine injustice with a pretext of Justice; Whereas if thou consultest with thy selfe, not justice moves thee to desert thy duty, but rather some other cause. For as he saith in another place, either thou wilt not undertake enmities, or labour, or cost; or else thou art so hindered with negligence, sloathfulnesse, idlenesse, or with thy studies, or certaine imployments, that thou sufferest those to be deserted, whom thou oughtest to protect. But while thou sayest, thou dost thine owne businesse, lest thou mightest seeme to doe wrong to any, thou runnest into another kinde of in∣justice. For thou desertest the society of life, because thou bestowest on it nothing of thy study, nothing of thy paines, nothing of thy goods. These things Eth∣nickes, Philosophers, and Politicians hold, truely more piously than many Chri∣stians in this age.* 3.20 Hence a neighbour is bound by the Lawes of the Romans, to take away a servant from a cruell Master. But among the Aegyptians, he who had casually found a man to be beaten by Theeves, or to suffer any injury, and had not re••cued him, if he could, was guilty of death: if not, hee was bound to accuse the Theeves before the Magistrate: Which if he had neglected, he was beaten with a certaine number of stripes, and punished with a three dayes fast. Now if this verily be lawfull in one neighbour towards another, yea, lyeth upon him out of duty to assist every one he meets against a Theefe; shall it not be much more lawfull to a good Prince, not onely to ayde and patronize servants against a raging Ma∣ster, or children against a furious Father; but a Kingdome against a Tyrant, a Republike against the private lust of one man; a people, a Lord, I say, against a publike servant and agent? Yea, verily, if he shall neglect it, shall not he merit the name and punishments of a Tyrant, as the other of a theefe? Hence Thucy∣dides saith,* 3.21 Not onely those are tyrants who reduce others into servitude, but much rather those who when they may repulse that violence, take no care to doe it: but especially those who will be called the defenders of Greece and the Common Country, but yet helpe not their oppressed Coun∣try: and rightly; for a Tyrant is in a sort compelled to retaine violently the Ty∣ranny which he hath violently invaded; because, as Tyberius said, he seemeth to hold a Wolfe by the eares, which he cannot retaine without force, nor yet let goe without danger. Therefore that he may extinguish one crime with another, hee commits many wickednesses, and is compelled to injure others, lest he should be injurious to himselfe. But that Prince who idlely beholds the wickednesses of a tyrant, and the ruine of the blood of innocents which he may hinder, because he doth as it were take pleasure in the gladiatory sport, is by so much more crimi∣nous than the Tyrant, as he who sets sword-players to fight, is guiltier than the man-slaying Gladiator; as much as hee who slayes a man for pleasure sake, is more criminous than he who doth it by constraint,* 3.22 or out of feare or necessity. If some oppose; But it is a fault for any to intermeddle with, or thrust himselfe into anothers businesse:* 3.23 Terentian Chromes may answer; I am a man, I thinke no

humane thing strange unto me. If others (that they may seeke lurking holes for their impiety) object;* 3.24 that there are distinct limits, distinct jurisdictions; now it is not lawfull to thrust a sickle into anothers Corne: Neither truely do I advise, that by this pretence thou shouldest invade anothers territories, usurpe anothers jurisdiction to thy selfe, draw thy neighbours corne into thine owne floore, which most doe under this pretext.* 3.25 I doe not say, that by the example of that arbitrator, of whom Cicero, thou thy selfe shouldest judge the thing controverted to thy selfe; but rather that thou shouldest restraine a Prince invading the Kingdome of Christ, containe a tyrant within his limits, stretch out an helping hand to an af∣flicted people, and a prostrated Commonweale; But thou must do it in such sort, that thou mayest not looke after thine owne profit, but the good of humane society altogether. For since Justice wholly lookes abroad, injustice onely regards it selfe, thou shalt at last doe this justly, if thou shalt have no regard of thine owne profits. Briefely, if a Prince violently passeth over the fixed limits of piety and justice, a neighbour may piously and justly leape over his limits, not that he should invade anothers, but that he should bid him be content with his owne: yea, he shall be impious and unjust, if he neglect it. If a Prince exercise tyranny over the people, he may no lesse, or lesse slackly assist them, than him, if the people should move sedi∣tion: yea, he ought to doe it the more readily, by how much it is more misera∣ble, that many suffer, than one. If Porsena reduce Tarquin the proud to Rome, much more justly may Constantine, sent for by the people and Senate of Rome, ex∣pell Maxentius the Tyrant out of the City. Finally, if a man may become a Wolfe to a man, nothing truely forbids, but that a man may be a God to a man, as it is in the Proverbe. Therefore antiquity hath enrolled Hercules among the number of the gods, because he punished and tamed Procrustes, Busyris, and other Tyrants, (the pests of mankinde,* 3.26 and monsters of the world) in every place. So also the Roman Empire, as long as it stood free, was often called, The Patrocinie against the Robberies of Tyrants, because the Senate was the haven and refuge of Kings, People, Nations. So Constantine sent for by the Romans against Maxentius the Tyrant, had God the Captaine of his Army, whose expedition the Universall Church exalted with powerfull prayses; when yet Maxentius had the same authority in the West, as Constantine in the East. Likewise Charles the Great, undertooke a Warre against the Lombardes, being called by the Nobles of Italy to their aide, when as yet the Kingdome of the Lombards was long before established, and he could claime no right to himselfe over them. Likewise, when Charles the Bald King of France, had by Tyranny taken away the President of that Country,* 3.27 which lyeth betweene Seine and Liger, Duke Lambert, and Jamesius, and the other Nobles of France had fled to Lewis King of Germany, Charles his Brother by another mother, to crave aide against Charles and his mother Judith, a most wicked Woman: He in a most ample Assembly of the Germane Princes, heard these suppliants, by whose unani∣mous Counsell, a warre was publickely decreed against Charles, for to restore the exiles. Finally, as there have beene some Tyrants in every place, so likewise a∣mong all Historians there are every where examples extant, of tyranny revenged, and people defended by neighbour Princes; which the Princes now at this day ought to imitate, in curbing the tyrants both of bodies and Soules of the Repub∣licke, and of the Church of Christ, unlesse they themselves will be named Tyrants,

by a most deserved right. And (that we may at last conclude this Treatise in one word) piety commands the Law of God to be observed, and the Church to be defended 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 liber∣ties, rights, priviledges, are forcibly invaded* 3.28 (which our Parliament and State by their assistance, if the Netherlands and other Protestant States, both in Quaene Eli∣zabeths, 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 utter∣most of their abilities, when their Religion, Lawes, Liberties, be violently invaded, their dearest native Countrey wasted, sacked, plundered, burned, ruined, in a ho∣stile warre-like manner, with open force of Armes, either by the King himselfe, or a prevailing Malignant Popish faction, who have surreptitiously possessed them∣selves 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 with∣in this Realme of England, and all other his Majesties Dominions to unite all their common forces together, unannimously to protect, defend, maintaine, and propa∣gate 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 a∣gainst all Popish Malignant forces now in armes to invade, eclipse, impaire, sub∣vert, 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 trayterous∣ly joyne their forces with the Malignant Popish party, or prove uncordiall, false, treacherous, and perfidious to their Religion, Liberties, Countrey, and the Parli∣ment (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. Cer∣tainly 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 tor∣ments, 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, detesta∣ble 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 sem∣piternall 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 him∣selfe against Meroz, Judg. 5. 23. Consider the fatall, dismall end of treacherous Juda••, Matth. 27. 3. 4, 5. Acts 1. 18. 19, 20. Consider that dreadfull speech of our Savi∣our Christ, Marke 8. 35▪ 36, 37, 38. Whosoever will save his life shall lose it, but who∣soever shall lose his life for my sake and the Gospels shall save it. For what shall it pro∣fit 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 a∣shamed when he commeth in the glory of his Father, with the holy Angels.* 3.29 If we suf∣fer 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 peo∣ple; yea, and shall be very shortly revealed from Heaven, with his mighty Angels, in fla∣ming 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 pre∣sence 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 scarce∣ly be saved, what these mens dreadfull end, and judgement at last shall be, tran∣scends my thoughts to conceive, my expressions to relate; all I can say is this, it will be superlatively miserable and grievous, that eternity of incomprehen∣sible 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 pre∣mises, 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 de∣fend, promote, and propagate Religion, Lawes, liberties, and the publike wel∣fare

here; and the Crowne, the full guerdon of them hereafter; and poore blee∣ding, dying England and Ireland may now at last attaine that speedy, holy, la∣sting, honourable, blessed peace and unity, which all good men cordially pray for and endeavour; which doubtlesse had beene easily effected long ere this, had we all beene faithfull, true, reall to the publike cause of God and our Countrey in our severall places, and not faithlessely betrayed, but sincerely discharged the severall trusts reposed in us to the uttermost of our powers: the readiest meane to re-establish and perpetuate our pristine tranquillity: which I humbly beseech the God and Prince of peace effectually to accomplish in his owne due season, before our whole three Realmes become a desolate Wildernesse, an Accheldama, a Golgatha, as many places of them are already, and more like to be, if the extraordinary mercy of our ever-gracious God, prevent not the mischievous long plotted conspiracies, malice, rage, treachery, of unnaturall, and deceitfull men.

FINIS.

Notes

• * 1.1

  See Camb. Br. Math. it estm. Polychr. Fabian, Holinsh. Speed, Grafton, Grim∣ston.
• a 1.2

  Livy, Rom. Hist. l. 1. Plut. Romul & Nu∣ma Pomp. Dio∣nys. Hal. Antiq. Rom. l •• Mun∣ster Cosmogr. l. 2. c. 60. p. 2••0.
• b 1.3

  Plutarchi Numa Pompil. Dionys Hal. l. 2. sect.
• c 1.4

  Livie Rom. Hist. l. 1. l. 14. 15. Edit ••ran∣cofurti, 60••. Dionys. Hal. l. 2. sect. 7.
• d 1.5

  Livie Rom. hist. l 4. p. 4 p. 145.
• e 1.6

  Livie, l. 1. p. 17. Dionys. Hol. l. 3. c. 10.
• f 1.7

  Liviel. 1. p. 25. Dionys. Hal. l. 3. c. 9.
• g 1.8

  Livie l. ••, p, 28. Dionys. Hal. l. 3. c. 10.
• h 1.9

  Ibid, p, 32, Dionys Hal l. 4. c. 1, 2.
• i 1.10

  Ibid.
• k 1.11

  Ibid p. 36, 37, ••8, 44. Di∣onys Holbicar. l. 4. c. 5 to the end.
• l 1.12

  Livie l. 1, p. 45, 47. Dionys. Hal, l, 4, c, 10, l. 5. c. 1.
• m 1.13

  De officiis l. 3.
• n 1.14

  Livie l. 2. p. 47. Dionys. Halicar. l 5. c. 1, 2.
• o 1.15

  Livy ibid. 〈…〉〈…〉 Dionys. 〈…〉〈…〉
• p 1.16

  〈…〉〈…〉 l. 2. sect 2. p. 13••, 133, 134.
• q 1.17

  Historiae, l: 6, p. 529, 530, 534.
• r 1.18

  Hist. l, 1, & 2, l, 27, p, 3••0,
• s 1.19

  Ge, Dierum l, 1, c, 3, l, 4, c, 23, f, 239, 240,
• t 1.20

  Com. weal, l, ••, c, 10,
• v 1.21

  Rosiaus, Godwin, and others: and Munst, Cosmogr, l, 3, c, 〈◊〉〈◊〉, p, ••80, 28, & c, 16, p, 3••••,
• x 1.22

  Liv, Hist, l, 8, p, 313, with the other fore∣cited Authors.
• y 1.23

  Nobis eadem vi facitis i••vi∣tam, qua pepe∣ristis, Liv, Hist, l, ••, r, ••••0,
• z 1.24

  Common wealth, l, 2, c, 5, & l, 1, c, 10,
• a 1.25

  See Mun••, Cosmog, l, 2, c, 63 Grimstons im∣periall Historie, Suetonius, Dion Cassius, Herodi∣an, ••utropius, Zoaaras, Sabel∣licus, Chronicon Chron••••rum, Opmeerus, Speed and others in these Empe∣ror lives, and others.
• b 1.26

  Grim, impe. Hist. in his life, p. 2, 〈◊〉〈◊〉 Munster Cosm. l ••. c. 〈◊〉〈◊〉, p. 296,
• c 1.27

  Grim. impe. Hist. p. 208.
• d 1.28

  Commen∣tar. l. 23. f. 238.
• e 1.29

  See Eutro∣pius, Sabellicus, Zonaras, Grim∣ston, Munster in his life: Paneg. Trojano dictus.
• f 1.30

  In vita Trajani.
• g 1.31

  Eccles. Hist. l. 3. c. 25.
• h 1.32

  History of Gr. Brit. p. 95.
• i 1.33

  Grimstons imperiall Hist. in his life, p. 181 Munst. Cosm. l. 2. c 63.
• k 1.34

  Grimstons imperiall Hist. p. 196. 205.
• l 1.35

  Hist. l. 6. p. 530. 531.
• m 1.36

  Grimston, ibid. p. 171. tom 176. Mun∣ster Cosmogr. l 2. c. 63.
• n 1.37

  Grimston, Suetonius, Eu∣tropius, Zonaras Volateranus, Sa∣bellicus, Math. Westm. Polychro∣nicon, Opmetrus Chron, Chroni∣corum, Speed, and others in his life.
• o 1.38

  Grimston, Entropius, and others in his life.
• p 1.39

  Grimstons imperial Hist. p. 160. Munster Cosmog l. 2. c. 63. p. 2, 2.
• q 1.40

  Grimston ib. p. 160. Aelii Lampridii Heliogabalus, Zonares, Sabel∣lic. and others.
• r 1.41

  Grimst. in his life p. 170, to 174. with Jul. Capitol, Sabellicus, Munster, and others.
• s 1.42

  Grimston p. 324.
• t 1.43

  See Munst. Cosm. l. 4. c. 59. Zouaras, Nau∣clerus, Sabellicus Grimston, and others.
• v 1.44

  Ioan••es Zo∣naras, Annal. Tom. 3. p. 9••. Grimst. p. ••45. Eutropius, l. 1••. p 154. See Munsteri Cosm. l 4. c 59. throughout.
• x 1.45

  Zonaras ib. Grimst. p. ••47. and Munster, l. 4. c. 59
• y 1.46

  Zonaras. Tom. 3, f. 123.
• z 1.47

  Zonara. ib. f. 124. Grimst. p. 292.
• a 1.48

  Zonaras ibid. f. 126.
• b 1.49

  Zonaras ib. f. 〈◊〉〈◊〉, 127, 128. Grimst. p. 306.
• c 1.50

  Zonaras ib. f. 127. 128. Grimst. p. 306.
• d 1.51

  Grim. p. 3••7
• e 1.52

  Zonar. f. 137
• f 1.53

  Desex Aeta∣temundi.
• g 1.54

  In Philyp∣pico.
• h 1.55

  l, 5. c. 15.
• i 1.56

  An. 713.
• k 1.57

  Zonaras Tom. 3, f. 137
• l 1.58

  Zonaras, ibid, f. 142
• m 1.59

  See Zona∣ras. ib. f. 168
• n 1.60

  Nicetae Chroniatae, Annales f. 40.
• o 1.61

  Munst. Cos∣mog. l. 4, p. 1109, 1110.
• p 1.62

  Munsteri Cosm. l. 4, c. ••9.
• q 1.63

  See Bishop Bilsons true difference &c. part. 3. p. 494, to 500.
• r 1.64

  Zonaras Annal. Tom. 3. f. 126. Cuspini∣an, in Annasta∣tio.
• s 1.65

  Zonaras Tom. 3. f. 142.
• * 1.66

  se•• (q) before.
• t 1.67

  〈…〉〈…〉.
• v 1.68

  〈…〉〈…〉 See Mua. Cosin, l. 2. c. 4. & l. 4. c, 59.
• x 1.69

  Decad, 1. l, 1, 10.
• y 1.70

  〈…〉〈…〉.
• z 1.71

  Bp. Bilsons true difference between Chri∣stian Subjecti∣on and unchri∣stian 〈…〉〈…〉 Nauclerus vol. 3 Genera•••• 26, An, 753. Sige∣bert, Chron. An. 801. Aencas Syl∣vius de Author. Rom. Imperii c. 9 Munst. Cosinog, l. 2. c. ••4.
• a 1.72

  〈…〉〈…〉 c 3.
• b 1.73

  Decad▪ 2. l. ••,
• c 1.74

  Vol. 3, Gen. 27. An, 800.
• d 1.75

  ••nead. ••. ••, 8
• e 1.76

  Annal, ••o••••∣rum, l. 4. f. 344.
• f 1.77

  Anno ••01.
• g 1.78

  ••. 5, c, ••9,
• h 1.79

  De Author, Rom, Imp. c. 9.
• i 1.80

  see Avontine, An, l, 3, f, 344, &c. and Bishop. Bilson (z) before
• k 1.81

  Iacob Vald. de dignitate Re∣gum Hisp. c, 18, Munst. Cosm. 1. 2. c, 20. 21.
• l 1.82

  see Speeds Hist. p, 189 to 212.
• m 1.83

  The true difference be∣tween Christi∣an subiection and unchristi∣an rebellion. part. 3. p, 416.
• n 1.84

  Cassanaeus catalogus gloriae mundi pars 5, consid. 29, p, 245 246.
• o 1.85

  see Munst, Cosm l. 3, c, 22, and Grimstons Imperiall Hist.
• p 1.86

  Grimst. Imp. Hist, p, 433, 535. 560, 571. 572. Munst. Cosm, l, 3, p, 410, to 414.
• q 1.87

  see Grimst. Abas Vsper gen∣sis, Nauclerus, Rerum Germa∣nicarum Scrip∣tores, Munst Cosmogr. l3, Bp. Iewels veiw of a seditious Bull. and others in their lives, and Iohn White his Defence of the war, c, 6, p 18. to 21.
• r 1.88

  Grinst Imp. Hist p, 104, Munst. cosmog. l. 3, p. ••4. Her∣molds Chron. Slauorum l. 1, ••. 7. Iean Cressin La state de Le 〈◊〉〈◊〉 p. 263.
• s 1.89

  Munst Cos. l, ••. p, ••15, 416 404 Grimst. Im. Hist. p, 576. 581, 582. Iean Crisp. Le state de Le g••se. p, 465.
• t 1.90

  Grimst. Imp. Hist p, 736. 737.
• u 1.91

  Munst. Cos. l. 2. c. 64, p, ••03, l, 3, p. 410, to 418. Grimston. p, 737. 738.
• x 1.92

  Consm. l. 3. p, 382, to 418.
• y 1.93

  Imp. Hist. from Charles the great to the end.
• z 1.94

  Common wealth, l, 2. c. 5. p. 221. 222,
• a 1.95

  Bodin Com. l. 1, c, 10, p. 157, &c.
• b 1.96

  Cicero Ora∣tio pro Rabirio, Perd. reo.
• c 1.97

  Of the dif∣ference be∣tween Christi∣an subjection, &c. part. 3. p. 513. to 521.
• d 1.98

  Catalogue Gloriae Mundi. pars. 5. Consid. 29. p. 246.
• e 1.99

  Resolving of Conscience sect. 1. 2. 3, A Revin∣dication printed at Cambridge, 1643. and other late pamphlets.
• f 1.100

  Cassanaeus Catalog. Gloriae Mundi pars. 5. consid. 27. & Ia∣cobus Valdesius de Dignitate Re∣gum Regnorum{que} Hispaniae passim
• g 1.101

  22, E. 3. 3. Error, 8. Fitz∣herbert Petiti∣on. The peti∣tion of Right 3. Caroli. See A∣shes Tables An∣nuity: 2. Amer∣ciament. 8. entr, Congeable 84. Entrusion 1, Pe∣tition and Tra∣verse des Offices throughout & Habeas corpus Hieron. Blanca. Aragon. Rerum Comment. p. 188. 589. 590. 724. 747. to 761.
• h 1.102

  Prov. 24 23 Rom. 2. 11.
• i 1.103

  Psa. 82. 1, 2. Exod. 22. 8. Ioh. 10. 34, 35.
• k 1.104

  Rom. 13. 1, 2 3, 4, 5. Tit. 3. 1. 1 Tim. 2. 2.
• l 1.105

  Prov. 8. 15. Deut. 1. 17. 2 Chr. 19. 6, 7.
• m 1.106

  B. Iewels veiw of a sedi∣tious Bull. Dr. Crackenthorp of the Popes tem∣porall monarchy 〈◊〉〈◊〉 2, 3, 4, 5. Cassanaeus Cata∣logus gloriae mun di pars 5. cons 7.
• n 1.107

  See Balaeus de vitis Ponti∣ficum. Morneys Misterium, and ••ere, part. 1.
• o 1.108

  Bp. Iewels veiw of a sedi∣tious Bull. Matt. Paris and Speed, in King Iohus life: Bp. Bilsons true Zi∣fere••ce, &c. part. 3, p. ••09, 10 526. Saxo gram∣matticus Hist. Daniael, 11. p. 189, 190.
• p 1.109

  Bp. Bridges his supremacy of Christain Prin∣ces. p. 1034.
• q 1.110

  Oratio pr•• Deiorato Rege. p 629.
• r 1.111

  Iosephus Antiqu. Iudaeorum, l, 15, c, 1. Alexander ab Alexandro. Gen. Dierum l. 3. c, 5, f. 126.
• s 1.112

  Alexander ab Alexandro abid Strabo Geogr. l, 8, p. 712, 713.
• t 1.113

  Grimstons Imperiall history, p, 389.
• v 1.114

  Munsters Geogr. l, 2, c, 76, 〈◊〉〈◊〉 16. Gen: hist, of France. p. 3••.
• v 1.115

  Matth. Par. Hist. Angl. p. 273, 274, 275. Gen. hist. of France. p. 119.
• x 1.116

  Speed, p. 653, 654 Hect. Boetius, l, 14. Walsing, Holins. Fabian, Grast. and others.
• y 1.117

  Speed, 1156. 1196. Cambd, Esiz. Holinsh. Stow, Martin, Buchanon.
• z 1.118

  Polit, l. 3. c. 10. p. 209. 210. and l. 5. c. 10. p. 367.
• * 1.119

  Hist. l. 6. p. 621. &c.
• a 1.120

  Polit. l. 3. c. 10. 11. and l. 5. c. 10, 11.
• b 1.121

  Polit. l. 3. c. 7. 10, 11, 12.
• c 1.122

  Polit. l. 3. c. 10. p. 19••.
• d 1.123

  Polit. l. 3. c. 11. p. 217, 218.
• e 1.124

  Hist. l. 6. p. 521.
• f 1.125

  Antiq. Rom. l. 2. sect. 2. p. 133.
• g 1.126

  Hist. l. 6 p. 525, 526.
• h 1.127

  Genial Di∣erum. l. 4. c. 23. f. 238. & l. 3. c. 3. f. 117. De Moribus Gentium. See Xenophon Hist. Grac. l. 5. p. 504 & de Laced, repub. p. 690.
• i 1.128

  Pol. l. 3. c. 11.
• k 1.129

  Commonw. l. 2 c 5. p. 221. 222.
• * 1.130

  Regi in exer∣citu nihil restat negotii, quàm ut rerum divina∣rum respectu sit Sacerdos, huma∣narum vero Im∣perator, Xeno∣phon Lacede. Resp. ••89.
• l 1.131

  Plutar. Apo∣theg. p. 468.
• m 1.132

  Polit. l. 5. c. 11. p. 369.
• n 1.133

  De Agesil. Reg p. 651.
• o 1.134

  Xeno. de La∣cedem. Repub. p. 690.
• o 1.135

  Xeno. de La∣cedem. Repub. p. 690.
• p 1.136

  Alexan. ab Alex. l 3. c. 5. f, 126. Calius Rhodig, Antiq. Lect. l. 7. c. 10.
• q 1.137

  Plutarch de virtutibus muli∣erum, p, 544, 545.
• r 1.138

  Alex ab A∣lex, l, ••. c, 3, f, 117.
• s 1.139

  Strabo Ge∣og l. 17. p. 6•• 9. Alex, ab Alex. l. 3. c. 3. Diodo∣rus Siculus Bibl. hist. l. 3. c 6. p. 140, 141.
• t 1.140

  Alex. ab Ale. l. 3. c. 5 f 123. Diod. Sic. Bibl. hist. l. 3. p. 140.
• u 1.141

  Strabo Ge∣ogr. l 1. p. 148 Alex. ab Alex. l. 3. c. 10. Munst. Cosmog. l. 5. cap. 113. Boe. de moribus Gent. l. 2. c. 8. p. 102.
• x 1.142

  Hist. Daniciae, l. 8. p. 40.
• y 1.143

  Alex. ab Ale. l. 4. c. 23, f 239.
• z 1.144

  Alex ab Ale. l. 3, c. 11.
• a 1.145

  Munst. Cos. l. 5. c. 137. p. 1248.
• b 1.146

  Munst. Cos. l. 4. c. 53. p. 1089 Boe. de Morib. Gentium. l 3. p, 209, 210.
• c 1.147

  Alex. ab Ale. l. 4. c. 23. f. 239.
• m 1.148

  Gen. Dier. l. 4. c. 23. & l. 3. c. 11.
• n 1.149

  Geog. lib.
• o 1.150

  De Moribus Gentium.
• p 1.151

  Ind. Hist.
• q 1.152

  Pilgrimage and Voyages, Merula, Munst. Gotard. Merca∣tor, Nov. Orbis.
• r 1.153

  Diod. Sicul. Bibl. hist. l 3. c. 5. p. 140. Boem. de moribus Gent. l. ••. c. ••. p. 27. Fortes de Laud. Leg. Ang, c. 12.
• s 1.154

  ••oem. demor. Gent. l. 3. c, 12. p. 341.
• t 1.155

  Bibl. Hist. l. 1. sect. 70. p. 61, 62, 63. Boem. De Mor Gent. l 1. c. 5. p. 37, 38. Fortes. c. 12.
• v 1.156

  Memorabi∣lium, l. 4 p 813. De Laced. Repu. p. 690, 691.
• x 1.157

  Hist, l. 6. p. 118, to 126.
• y 1.158

  Munst. Cosmog. l. 6. c. 15. p. l. 298 1299
• z 1.159

  Bodin Com∣monw. l. ••. c. 1. p. ••73.
• a 1.160

  Apolog. adv. Gentes.
• * 1.161

  See Livy Pas∣sim.
• b 1.162

  Annalium ••. 1. Commonw. l. 3. c. 1. p. 2••6.
• c 1.163

  Hist. Rom l. 31. & 35.
• d 1.164

  Commonw. l. 3. c. 1. p. 261.
• e 1.165

  Pars 5. con∣sid. 29, 30, 31. p. 243. &c.
• f 1.166

  Cassan. Ibid. & Bodin Com∣monw. l. 2. c. 5. l. 1. c. 10. l. 3. c. 1.
• g 1.167

  Commonw. l. 2. c. 1. p. 222.
• h 1.168

  Fabian. pa. 5. c. 155. par. 6. p. 154. 160. 164. 243, 244. par. 7. p. 107, 108. 280, 282. Andrew Favi••s Theatre of Honor, l 2. c. 12. Munsteri Cosmog. l. 2. c. 40. p. 139, 140. Pau∣lus Aemylius, l. 1. Mercators Atlas, p. 254, 255. Bo∣din Commonw. l. 3. c. 1.
• i 1.169

  Paulus Ae∣myl l. 1. Gagui∣nus and the ge∣nerall History of France in his life, Iean Crispin Lestate de Leglise p. 144. Fabian, par. 5. c. 75. p. 66. Mun∣sters Cosmog. l. 2. c. 41.
• k 1.170

  2. H. 5. f. 35. &c.
• l 1.171

  Hist. p. 685. 687, 786. 787. &c.
• m 1.172

  Fabian. pa. 1. c. 86. Gagui. Emyl. the Ge∣nerall Hist. of France, Crespin, Munst. and o∣thers in his life
• n 1.173

  Fabian, pa. 5. c. 122. 126. Gaguyn. Emyl. the Gen. hist. of France.
• o 1.174

  Fabian. part. •• c. 132. Gaguinus, Paulus Aemili∣us, Crespin, the generall Hist. of France.
• p 1.175

  Fabian. part. 5. c. 138, 139, 140. Gagui∣nus. Aemylius. Crespin, the generall History of France, in his life, and the life of Childe∣ricus.
• q 1.176

  Fabian. part. 5. c. 144. 145. Gaguinus, Aemylius, Cres∣pin, the generall Hist of France.
• r 1.177

  Fabian. part. 5. c. 150, 153. generall Hist. of France, Gaguinus, Ae∣mylius, Crespin, Turpin, Chroni∣con, Chronica∣rum, Sabellicus, Opmeereus, in the life of Chil∣dericke and Pi∣pin, Aventinus Annal. Poyor. l. 3. Antonini Chron. Tit. 14. nu. 1. sect. 2. Munst. Cosmog. l. 2. c. 41. 〈◊〉〈◊〉. Iewels Reply, p. 341, 342, 343. Bishop Bilson of Christ. subiection &c. par. 3. p. 418 to 423. Blondus Decad. 1. l. 10. Nauclerus, vol. 3. gen. 26. Regi∣no, l. 2. An. 722. Papyrius Mas∣son, An. in Child. p. 83. 〈…〉〈…〉.
• s 1.178

  Annal. Boi∣orum, l. 3. p. 299.
• t 1.179

  Lambards Archaion. f. 130 Fox Acts & Mon. vol. 1. Edit. ult. p. 244.
• u 1.180

  Antonini Chron. Tit. 14. 14. n. 1. sect. 2. f. 102. Blendus Decad. 1. l. 10. Sabellicus Ene∣ad. 8. l. 8. Ga∣guinus l. 3. in Car. Martel. Nauclerus vol. 3 gen. 26. Gratian. Caus. 15. qu. 6. Platina in Zach. 1. Frisin. l. 5. c. 22. Fa∣bian, part. 5••••. c. 132. p, 141. Amonius de gest. Franc. p. 403.
• x 1.181

  Hist. l. 6. p. 521.
• * 1.182

  Though that of Plinius secundus, Pane∣gyr. Traiano dictus, p. 8. be true, Quod aequiore animo ferunt homines quem Princeps parum faliciter genuit quàm quem malè elegit.
• y 1.183

  Part. l 5. ••, ••0.
• z 1.184

  Chron. tit. 14. c. 1. sect. 2. f. 103.
• a 1.185

  Of Christian subiection, par 3. p. 420.
• b 1.186

  Fab. par. 6. c. 154. Gaguin the Gen. Hist. of France.
• c 1.187

  Fab. par. 6. c. 2••4. Grimst. Imper. Hist. p. 390, 391. Ga∣guin The Gen. hist of France, Turpin Antoni∣nus, Munst. Crespin, Papyr. Masson, and others.
• d 1.188

  Fab. par. 6. c. 175. Gaguin. Gen. hist of France.
• e 1.189

  Fab. par. 6. c. 175. Gaguin. Gen. hist. of France, Herma-Schedel, Crispin and others.
• f 1.190

  Fabian, p. 6. c. 82, 183, 186, 201. Gaguin. Turpin, General Hist of France
• g 1.191

  Fab. par. 6. c. 201. 202. Ga∣guin. Turpin, Chron. Chron, Opmerus, Crisp. Gen. hist. Fran.
• h 1.192

  Fab pa. 7. c. 243, 244. Ga∣guin the. Gen. hist. of France. Turpin Theat. of honor, l. 2. c. 12.
• i 1.193

  Fab. pa. 7. An. 1259. p. 68.
• k 1.194

  Fab. pa. 7. p. 102, 103, &c. Gaguin.
• l 1.195

  Fab. pa. 7. p. 187, 188. the Gen. hist. of France.
• m 1.196

  Fab. pa. 7. p. 187. 188. Gaug. Gen. hist. of France.
• n 1.197

  Bodin. Com∣monweal l. 3 c. 1. p 2••4. See the generall Hist. of France in his life.
• o 1.198

  Fabian. part. 7. p. 192. 193, 263, 274. Speeds Hist. p. 687, 6••4, 786, 787, 788. Halls Chron. 2. H. 5. See the generall Hist. of France, and Gaguinus in the life of Iohn.
• q 1.199

  Fabian. part. 7. p. 280, to 298. Gaguinus, the generall Hist. of France, in the life of this Philip and King Iohn.
• * 1.200

  Note this.
• * 1.201

  So it hath been concei∣ved by some, the King by Law might do this in England but Sir Edward Cooke in his In∣stitutes on Mag∣na Charta. f. 575. to 5••9. hath largely proved the contrary; that the King by his Prerogative and Proclama∣tion cannot al∣ter, enhanse or abase his coyne, but in and by the Parliament onely, because it is contrary to sundry Sta∣tutes, it is the sinues and life of trade, and every mans estate consists in it, and so all have a com∣mon interest therein, which cannot be al∣tered out by common con∣sent in Parlia∣ment.
• q 1.202

  Fabian part. ••. p 305, 306, 311, 312. Generall Hist. of France, Ga∣guin, and others.
• r 1.203

  Fabin. part. 7 p 307. see p. 190, 191, 266, 477, &c. ••55, 326, 357, 358, 359, 460. Walsingham, Hist. Angl. p. 235, 236.
• s 1.204

  Fabian. part. 7. p. 324. 355, 356, 357, 358, 363, 364. The generall Hist. of France, Gaguin. and others in his life.
• t 1.205

  Fabian. ibid. Generall Hist. of France, p. 216 227, 228, 229.
• u 1.206

  Chron. 2. &. 5. H. 5.
• x 1.207

  Hist p. 786. to 782.
• y 1.208

  Fabian. part. 7. p. 399, 400, 475. Generall Hist. of France, Holing∣shed. Fabian, Walsinghan, Grafton, Hall.
• z 1.209

  Fabian, part. 7. p. 475, 478. Generall, Hist. of France, Hall, Holinshed. Speed.
• a 1.210

  Fabian, part. 7. p. 479, 480, 481, 488. Generall Hist. of France.
• b 1.211

  Fabian. part. 7. p. 490, 521, 522, 523.
• c 1.212

  Phili. de Com. l. 5. c. 18.
• c 1.213

  Phili. de Com. l. 5. c. 18.
• * 1.214

  Note.
• * 1.215

  Note.
• d 1.216

  Gen. hist. of France. p. 421. 423.
• e 1.217

  Gen. hist. of France. p. 575. to 580. Grimst. Imper. hist. p. 647, 648.
• * 1.218

  Note.
• f 1.219

  Matthew Paris, p. 270, 271.
• g 1.220

  The generall Hist. of France, p. 6••••. to 690.
• * 1.221

  Note
• c 1.222

  Generall Hist. of France, 692, &c. & Ri∣chardus Din••∣thus de Bello Civili Gallico Religionis causa suscepto. l. 2, 3, 4, 6. Speeds Hist. 1211, 1212 1214. K. Iames Answer to Car∣dinall Peron.
• i 1.223

  Gen. hist. of France. p. 744. Fox Acts and Mon Vol. 3. p. 1026, Edit. ult.
• k 1.224

  Gen. Hist. of France, p. 764.
• l 1.225

  Generall Hist. of France, p. 765, &c.
• m 1.226

  Gen. Hist. of France, p. 834, 835.
• * 1.227

  Mounsieur Daubern.
• n 1.228

  The generall Hist. of France, p. 976, 977, 982.
• o 1.229

  Gen. Hist. of France, p. 914 915, 1070, 1071 1072, 1094, 1095, 1110, 113••, 1172, 1173, 1174, 1175, 1181, 1182, 1183, 1196, to 1220.
• p 1.230

  Gen. Hist. of France, p. 887. 888.
• q 1.231

  Gen. Hist. of France, p. 1009, 1022, 1023, 1124, 1154, 1156, 1157.
• r 1.232

  Gen. Hist. of Fr. p. 1173, 1174, 1200.
• s 1.233

  Gen. Hist. France, p. 1207.
• t 1.234

  The continu∣ation of the life of Lewes the thirteenth, p. 2. 〈◊〉〈◊〉 7.
• u 1.235

  Ibid. p. 95 26. 29. 30. 31. 46. 49. 50. 74. 75
• x 1.236

  Ibid p. 17. 18 24.
• y 1.237

  Ibid p. 59. to 120.
• z 1.238

  Lib. 2. c. 12. p. 179. to 187.
• * 1.239

  Note.
• a 1.240

  Continuation of the Gen. Hist. of France, p 13 to 150.
• b 1.241

  Ibid. p. 220. 3•• 306.
• c 1.242

  See the Sy∣nopsis of his life.
• * 1.243

  Catalogue Gloriae mundi, pars. 5. Consid. 29, 30. Andrew Favine Theatre of Honour, l 2. c. 12. See Cae∣millus Barellus de Regis Catho∣lici Praestantia, &c Generall Hist. of France, p 90••.
• d 1.244

  See Ioannis Mariana de Re∣ge & Regis, Iustit. l. ••. c. 3. p. 33. Hieron. Blanca Rerum Arag Com∣ment. See concil. To∣letanum. 8. Surius, Con. T. 2. p ••64. ••65.
• e 1.245

  Ioannis Pistorius His∣paniae illustratae Tom. 3. Leges Wisigothorum, L. 2. c. 2 p. 859.
• f 1.246

  Iacobus Valdesius de dignitate Re∣gum, Regno∣rum{que} Hispaia▪ pars. 1. c. 11. p. 135. Michael Ritius de Regi∣bus Hisp. l. 2. Gen. Hist. of Spain, ••••6. p. 168, 169.
• h 1.247

  〈…〉〈…〉 p. 879. 810.
• i 1.248

  Lib. 1. De Regum, Instit. cap. 8. p. 68, &c.
• * 1.249

  Note.
• k 1.250

  De Rege & Regum Instit. 〈◊〉〈◊〉. c. 9.
• l 1.251

  The generall Hist. of France, p. 833, 834, 1178 1179.
• m 1.252

  See Doctor Iohn White his Defence of the way, c. 6. where their words are quoted for ty∣ranny and mis∣government. The Gen. Hist. of France, p. 847 914, 915. 1179, 1180, 1181, 1182, 1183, 1190.
• o 1.253

  Munst. Cos. l. c. 20. p. 75. Roderici Ar∣c••••••p. Toletani De Rebus hisp. l 4. 2. l. 5. c. 1, 2. Gen. hist. of Spa. 16
• p 1.254

  Rodericus Toletanus de Rebus Hisp. l. 4. c. 19.
• q 1.255

  Roder. Tol. l. ••. c. 4, 5. Munst. Cos. l. 2. c, 20. Gen. hist. of Spain. l. 7.
• r 1.256

  Munsterii Cosmogr. l 2. c 20. p 78. Gen. Hist. of Spain.
• s 1.257

  Censurae in F. Ioseph Teixerae libelli•• c. 75. to 83. De vera Regum Portugalium Geneologia, lib. in the 2. Tom. of Ioannis Pistori∣us Hispaniae illustratae.
• t 1.258

  Liv. 5. p•• 146. Ioannis Mariana, De Rebus Hisp. l. 6. c. 4. 6. See Procopius, Vand. 1. Aimon•• l. 2. c. 20. l. 4. c. 35.
• v 1.259

  Gen hist. of Spain, l. p 12••. 140, 145, 146, 147, 14•• Ro••an hist. Hisp. pars 2. in their lives, Ioan Mariana de Rebus Hisp. l. 5. & 6.
• x 1.260

  Gen. hist. of Spain, l. 5 p. 139 140. 145. Rod. sanct. hist. Hisp. pars 2. c. 15. 22.
• y 1.261

  Gen. hist. of Spain, l. 5. p. 146
• z 1.262

  Gen. hist. of Spain, l. 5 p 147 Concil. Toleta∣num 6. c. 3. Su∣ris Concil. Tom. •• p. 742.
• a 1.263

  Surius Con∣cil. Tom. 2 p. 739 740. Mari∣ana de Reb. hisp. 〈…〉〈…〉.
• b 1.264

  Surius Con∣cil. tom 2. p. 744 745. Mariana de Rebus Hisp. l. 6. c. 9.
• c 1.265

  Gen. hist. of Spain, l. ••. p. 129 150 Roder. san. hist Hisp. par. 2. c. 32. Surius Concil. tom. 3. p. 3. Mariana de Rebus hisp. l. 6. c. 12, 14, 17.
• d 1.266

  Sarius Con∣cil. p. ••••4. Mariana de Reb. Hisp. l. 6. c. 17.
• e 1.267

  Generall Hist. of Spain. l. 5. p. 151.
• f 1.268

  Gen. Hist. of Spain, l. 5. p. 152, 153. Rod Sanct. Hist. Hisp. pars. 2. c. 35 Mariana de Rebus Hisp. l. 6. c. 19.
• g 1.269

  Gen. Hist. of Spain, l. 5. p. 153, 154, 155 Rod. Sanctius, Hist. Hisp. pars. 2. c. 37. Mariana de Rebus, Hisp. l. 6. c. 21, 22, 23. Illustratae,
• h 1.270

  In Iohannis Pistorius, Hisp. Tom. 3. p. 859, 860.
• i 1.271

  Surius Con∣cil. Tom. 2. p. 864, 865.
• k 1.272

  〈…〉〈…〉 l. ••. c. 28. p. 869. and l. 6. 〈◊〉〈◊〉 p 936.
• * 1.273

  Proco•• Vand. 〈…〉〈…〉 c. 20. l. 4. c 35. Grotius de Enc. Belli, l. 1. c. 3. Sect. ••1.
• l 1.274

  Gen. Hist of Spain, l 6 p. 63 171, 172, 173, 174, 175, 177. Ma••••ana de 〈◊〉〈◊〉 His••. l. 7.
• m 1.275

  〈…〉〈…〉 l. 6. p. 183
• n 1.276

  Gen. Hist. of l. 7. p. 211. 226. Mariana de rebus Hi••p l. 8. c. 8.
• * 1.277

  * Ioan Vasael Hisp Chron. An 809. p. 714.
• o 1.278

  ••en. Hist. ••f Spain, l. ••. p. 242. Mariana de rebus Hisp. l. 9. c. 8. 9.
• p 1.279

  De rebus Hisp. l. 9. c. 5.
• q 1.280

  Lib. ••. p. 240
• r 1.281

  Gen. Hist. of Spain, l. 8. p. 243
• s 1.282

  Gen. hist. of Spain, l. 8. p. 256.
• t 1.283

  Hyeron. Blancae Arogen. Rerum. Com. in Sanct. 4. p. 625. Gen. Hist. of Spain, l. •• p. 243.
• v 1.284

  Gen ••ist. l. 9. p. 2••4. to 279 Ioan Mariana de Rebus Hisp. l. ••0. c. 8. Rod. sanct. hist. Hisp. pars 3. c 30.
• x 1.285

  Gen. Hist. of Spain, l. 9. p 281 28•• to 287. Rod. Sancti hist Hisp pars 3. c. 30. Mariana De Reb. Hisp▪ l. 10. c. 5.
• y 1.286

  Gen. hist. of Spa. l. 10. p. 307. to 312. 315. 321, 326.
• * 1.287

  Gen. Hist. of Spain, l 10. p. 339. Mariana de Reb. hisp. l. 11. c. 23.
• a 1.288

  Gen. hist of Spain, l. 10. p. 346, 347. l. 11. p. 350, 351. 352. 353. 354, 355, 356.
• * 1.289

  (b) Gen. hist. of Spain. p. 363, 366, 367, 368.
• c 1.290

  Gen. hist. of Spain, l 11. p. 370.
• d 1.291

  Gen. hist. of Spain, l. 11. p. 372. 408.
• e 1.292

  Gen. hist. of Spain, l. 11. p. 377, 378.
• f 1.293

  Gen. Hist. of Spain, l. 11. p. 379.
• g 1.294

  Gen. hist. of Spain, l. 12 p. 385, 386, 387.
• h 1.295

  Gen. hist of Spain, l. 12. p. 390, 397.
• i 1.296

  Gen. hist. of Spain, l. 12. p. 〈◊〉〈◊〉. 400, 401.
• k 1.297

  Gen. Hist. of Spain, l. 13. p. 397, 398.
• l 1.298

  Gen. Hist. of Spain, l. 12. p. 412. to 426.
• m 1.299

  Hieron. Blanca. Rer. Ar∣ragon. Com. p. ••60. Gen. Hist. of Spain, l. 12. p. 419, 421, 422.
• * 1.300

  Rerum Arra∣gonens. Com∣ment. in Pet. 2. p. 6••0.
• n 1.301

  Gen. Hist. of Spain, l, 13. p. 431. Hyeron. Blanca Arrag. Rerum Com. in Apph. 3. p. 661, 662.
• o 1.302

  Gen. Hist. of Spain, l. 13. p. 436, 465.
• p 1.303

  Gen. Hist. of Spain, l. 13. p. 440 to 476.
• q 1.304

  Gen Hist. of Spain, l. 13. & 14. passim.
• r 1.305

  Gen Hist. of Spain, l. 14. p. 487, 488, 489.
• s 1.306

  Gen. Hist. of Spain, l. 13. p. 455. 460, 472.
• t 1.307

  Gen. Hist. of Spain, l. 13. p. 452. 462. l. 14 p. 477, 778.
• r 1.308

  Gen. hist of Spain, l. 14. p. 497, 498.
• x 1.309

  Gen. hist. of Spain, l. 14 p. 476.
• y 1.310

  Gen. Hist. of Spain, l. 14. p 479. l. 15. p. 539.
• * 1.311

  Which you may read at large, Gen hist. of Spaine, l. 17. p. 625 626
• z 1.312

  Gen. Hist. of Spain, l. 14. p. 480.
• a 1.313

  Gen Hist. of Spain, l 14. p. 483, 484, 485, 486, 493. to 498 504. Dr Beards Theatre of Gods Iudge∣ments. Marian•• and others.
• b 1.314

  Gen. Hist of Spain, l. 14. p. 506.
• c 1.315

  Gen. Hist. of Spain, l. 15. p. 532 to 576.
• * 1.316

  See Mr. Sol∣dens Titles of Honour, part. 1 chap. 8. pag. 165. to 171.
• b 1.317

  Lib. 2. c. 〈◊〉〈◊〉. l. 4. c. ••5.
• c 1.318

  〈…〉〈…〉 belli & pa••is, l. 1 c 3. sect. 11 p. 8.
• * 1.319

  (d) Vandal. 1. Grotius, ibid.
• e 1.320

  〈…〉〈…〉. Goth. 2.
• f 1.321

  Excerpt. Dionis, & Gro∣tius. De Iure Be••li. l. 1. c. 3. Ad notata sect. 11. p. 72.
• g 1.322

  Paulus Wiarnafred l. 4. & 6.
• h 1.323

  Ammiannus lib. 28. Loan cus 〈◊〉〈◊〉
• i 1.324

  Ioan, Leo li. 7
• k 1.325

  Generall History of Spain l. 7. to 20. passim.
• m 1.326

  Solinus l 13. Grotius de Iure Belli l c. 3. sect. 9. p 57
• n 1.327

  Tacitus de mor. Germ Gro∣tius Ibid. Dionis. Hal l. 2 & 5.
• * 1.328

  Si contra fora•• a••t libertates reg••u•••• a se∣pren••i in futu∣rum contingeret, alium sive fide∣lem, sive in••ide∣••em Regem ad sciscendum 〈…〉〈…〉 Reg••o adi∣tus, 〈◊〉〈◊〉
• r 1.329

  See Ioannis de Laet Hispan. Deser. p c. 5. p. 107.
• s 1.330

  Pag. 664, 665, 667, 716, to 812.
• * 1.331

  t Quaest. 3. p. 162, 163.
• * 1.332

  (v) Franco. gal. c. 10. p. 75. 76. De Iure Magist. in subditos, p. 282, 283.
• * 1.333

  See Mr. Sel∣dens Titles of Hon. par. 1. c. 8. sect. 6. p. 256. to 271.
• v 1.334

  Common∣weal, l. ••. c. ••0. l. 2 c. 5.
• x 1.335

  Rerum Vn∣ga••ica••um Scriptores, Nicho••••us ••st∣huan•••••• de ••e∣bus Ʋngarie. Hist. l. •• p 84, 85. ••od. n. de Reg. l. 1. c. 10. 〈◊〉〈◊〉; De∣cades rerum Vngar carum, Mun••t Cosmog. l 4 c. 4 18. 9. Respub & sla∣tus Hungariae, An. 1634. De I••re M••gist. 〈◊〉〈◊〉 Subditos.
• z 1.336

  Iohn de Th••••∣recz. Hungar. Chron. c. 36••, p. 71.
• a 1.337

  See Grim∣stons Imperi∣all History, p. 606 Chytrae∣ut Chron. Sax∣oniae.
• b 1.338

  Grimston Imp. Hist. p. 730. 731.
• c 1.339

  Grim. p. 739
• d 1.340

  Grim. p. 748.
• e 1.341

  Saxagr••uma ••icus Danicae Hist. l. 8 p. 140
• f 1.342

  See Barthol∣dus Fontanus Bohemiaepiae l. 5. 6. & Pauli Geschinii Ma∣jestas Caroli∣••••••.
• f 1.343

  Pauli Strans∣bii. Respub. Bohemiae c. 5. Sect. 14. 15. p. 174. 175. 178 179.
• g 1.344

  Munst. Cosm. l. 3 c. 492. 499. Burchol∣dus Pontanus Bohemiae Piae. l. 1. 2.
• * 1.345

  Gen. Hist. of Spain. l. 17. p. 626.
• h 1.346

  Paulus Strans. Repub. ••ohem. c. 6. de Princi∣pibus Regibus∣que 〈◊〉〈◊〉.
• h 1.347

  〈◊〉〈◊〉 pon∣tanus qua.
• * 1.348

  See Aeneas Silvius Hist. Bohem Fox Acts and Mo∣numents vol. 1 p 848. to 852. Pontanus Bo∣hemiae piae, l. 1. 2.
• i 1.349

  Grimstons Imperial Hist. p. 735.
• k 1.350

  Grimstons Imperiall Hist. p. 744. 745.
• m 1.351

  Page 745. to 250.
• n 1.352

  Pauli Stran∣kii Resp. Bo∣hem. c. 10. 13. 14, 15.
• o 1.353

  See Munst. Cosmog. l. 4. c. 2. 4. 5.
• p 1.354

  Munst. Cosm. l 4 c 7. 10. Martinus Chro∣m••rus de Rebus Polonorum. Heylius Geeg. •• 378 〈…〉〈…〉
• q 1.355

  David Chy∣traus, Chron. Sax. l. 23. p. 690. 693. 694 695. 696 Grimstons Im∣periall history. p. 694. 695.
• s 1.356

  Chytraeus Chron. Sax. l. 25. p. 765. 766. l. 27. p. 809. 810. & l. 28 29. & p. 948. 949.
• t 1.357

  Chytraeus Chron sax l. 28. 29. 30. Grimst. Imp. Hist. p. 698. 699.
• t 1.358

  Part 4. p. 1, 2 Henricus Ran∣zovius, Com∣ment. Bellicus. l. 1. c. 3.
• v 1.359

  Common∣weal. l. 1. 4. 10. l. 2. c. 5.
• x 1.360

  Danicae. Hist. Chytr: Chron: Saxo∣niae, Munsteri Cosmogr. l. 4. c. 8, 9, 10, to 19. Iohannis Mag∣nus, Hermoldi Chron. Slavo∣rum, Io, Isac. Pontanus Rerum Danicorum, Hist.
• y 1.361

  Chytr. Chr. Sax. l. 10. 13. p. 301. to 312, 387 388, 389. Olaus Magnus, lib. 7. c. 8 p. 229. De Iure Magist in Sub p. 2••5. Bu∣canon de Iure Regni apud Sco∣tos. Or Beards Theatre of Gods Iudge∣ments. l. 2. c. 10. p 4 4, 4••5.
• z 1.362

  Chron, Sax. l, 10, ••, 303, to 312,
• * 1.363

  Note.
• * 1.364

  The Oath of the King of Sueden:
• * 1.365

  Nota.
• * 1.366

  Cosmog. lib. 4. cap. 21, 24, 25.
• * 1.367

  Gul. Neubrig. lib. 3. cap. 6.
• * 1.368

  Cosmog. lib. 4. cap 28, 29, 30, 31, 32. Heyl. Geogr. pag 430, 431. Chytraeus Chron. Sax. Hermold. Chron. Slauorum. Ioannis Magnus hist. Goth. Swe∣dorumque. Guagn. compen. & Chron.
• * 1.369

  Chyt. Chron. Saxo-lib. 10. pag. 311.
• * 1.370

  Chyt. Chron. Saxo. lib. 21, 22. p. 636, 637, 638, 647, 648, 649, &c.
• * 1.371

  Heyl. Georgr. pag. 340.
• * 1.372

  Munst. Cosm. lib. 5. cap. 79.
• * 1.373

  Munst. Cosm. lib. 5. cap. 30.
• * 1.374

  Mach. Hist. Heyl. Geogr. p. 193, 154.
• * 1.375

  Heyl Geogr. p. 166, 167. Generall H••st. of Spaine, lib. 18 p. 686.
• * 1.376

  Ioan 〈…〉〈…〉 Leg∣lise, pag. 277.
• * 1.377

  The Venecian History.
• * 1.378

  Com. lib. 2. c. 5. pag. 277.
• * 1.379

  4 Distinct. 49. quest. 1. Art. 3. qu. 5.
• * 1.380

  Polit. lib. 5. cap. 10, 11.
• * 1.381

  Variae hist.
• * 1.382

  p. 100, 234, 257 292, 334, 691, 704, 756, 747, 748.
• * 1.383

  See Io. Maior hist. Buchanan. Rerum Scot. l. 4. p. 100, 101. H••cter Bectius ae Rebus Scoti∣cis Fordon. his Scoti. chrocicum Polychronicon & Fabian; Mattheus West∣minster. Holin∣sheds history of Scotland.
• h 1.384

  Buchanan, l. 4. p. 101, 102, 103, 104, 105.
• * 1.385

  Notable Dissi∣mulation.
• * 1.386

  Bu••han▪ l. 4. p. 109, 110, 111, 113, 114, 115, 116. Grafto••, part 6. p. 70, 71, part. 7. p. 80, 81, 82, 84, 86, 87, 90.
• k 1.387

  Buch. l. 5. p. 146. 147. 156. 160. 17••. Graft. part 7 p. 94. 125.
• * 1.388

  Grafton part. 7. ••. 125. 126. 130. 131. Buch l. 5 p. 162. ••63. 165. l. 6. p. 1••••. ••75 176. 183 18••, 186. 187 188. 189. 196 197 198. &c. 200. 201.
• m 1.389

  Buch. l. 7. p. 213. to 230.
• * 1.390

  Heyl••••s G••••gr. ••. 507. 508.
• n 1.391

  〈…〉〈…〉. p. 25••. 〈…〉〈…〉 ••abian Holin. Sp••ed, Graft. Daniel in the life of K. Edw. the 1. Wal∣singham ••po∣digma p. 79.
• a 1.392

  Buchanan l. 9. 10. 11. 12. p. 291. 334. &c. 412. 413.
• b 1.393

  Buchanan l. 12. p. 417. to 430. 441. to 456. Heylin p. 510.
• c 1.394

  Buch. l. 16. to the end of 12. Holin. Chytr. Chron. Saxor. l. 21. p. 640 641. 642. 836. Speed, in the life of Queen Mary, and Queene Eli∣zabeth Camb∣dens Eliza∣beth, and o∣thers. See Knocks his History of Scotland.
• g 1.395

  Rerum. Scot. Hist. l. 15. 16. 17. 18. 19. 20.
• r 1.396

  Rerum Scot. l. 20. p. 746. 747.
• a 1.397

  Dan. 6. 14. to 20.
• * 1.398

  See Cunaeus de Repub. Heb. l 1. c. 14.
• * 1.399

  Ius. Regium Heb.
• * 1.400

  See Steph. Iu∣nius Brutus, Vindic. Contra Tyranno••, q. 3. p. 83. ••0. 92. De Iure Magistr. in Subditos. p. 272. 273.
• b 1.401

  1 Sam 12. 12, 13, to 20.
• c 1.402

  1 Sam. 12. 12, 13. to 20.
• d 1.403

  1 Sa••. 11, 12, 13, 14.
• e 1.404

  1 Sam. 12. 〈◊〉〈◊〉
• * 1.405

  1 Sam. 16. 1. to 14.
• f 1.406

  2 Sam. 19. 9. to 43.
• g 1.407

  1 King. 1. 5. to 13.
• h 1.408

  1 Chron. 23. 1. c. 28. 5, 6, 7, 8. c. 29. 1, 2.
• i 1.409

  1 Chron. c. 28. & 29.
• k 1.410

  1 Chron. 29. 20. to 26.
• l 1.411

  2 Chron. 2. 1. 1 King. 2. 46.
• m 1.412

  1 King. 12. 2 Chron. c. 10. v. 11.
• n 1.413

  Antiq. Iud. l. 8. c. 3.
• n 1.414

  Antiq. Iud. l. 8. c. 3.
• p 1.415

  2 King. 20. 1. to 7.
• q 1.416

  1 King. 16. 15, 16, 17, to 24.
• r 1.417

  2 King. 11. 2 Chron. 22. 10. & 23. Iese••••us Antiq Iud. l. 9. c. 7.
• s 1.418

  2 Chron. 25 27. 28. c. 2. 61. 2 King. 14. 19. 20, 21.
• t 1.419

  2 King. 15. •• 2 Chron. 27. 21:
• v 1.420

  2 King. 21. 23. 2 Chro. 35. 25.
• x 1.421

  2 Chron. 36. 1. 2 king. 23. 30.
• * 1.422

  Dee Iure Ma∣gistratus in sub∣ditos: & Iunius Brutus Vindicia contr. tyrannos qu. 1. 2. 3. pas∣sim.
• * 1.423

  3.
• * 1.424

  See 〈◊〉〈◊〉 Brutus Vindic. Contr. Tyran. qu. 3. 4. p. 46. to 66. 194, 165, 166. where this is largely ma∣nifested; & de Iure Magistra∣tus in S••bditos qu. 6. p. 272. 273, 274.
• a 1.425

  Antiqu. 〈…〉〈…〉 8.
• b 1.426

  Explanat. Artic. 42. Tom. 1. f. 84.
• c 1.427

  True Dif∣ference be∣tween Christian Subiection, &c. part. 3. p. 513, 514.
• d 1.428

  Part. 3 p. 99 100.
• e 1.429

  1 Sam. 1••. 13, 14.
• f 1.430

  1 Sam. 15. 22, 23, 26, 28, 29, 30.
• g 1.431

  1 Sam. 16▪ to 14.
• h 1.432

  2 Sam. 7. 11. to 17. Ps 89. 32. to 47. 1 King. 8. 20.
• i 1.433

  2 Chro. c. 10. & 11. & 36. 〈◊〉〈◊〉 de Re∣pub. Hebr. l. 1. c. 9. 15. Ioseph. Antiq. Iud l. 10 & 11. Paul E∣ber. Lestate de la. Religion & Repub du peopl. Iudaeique.
• k 1.434

  1 Kin. 12. 2. Chron. 10 & 11.
• l 1.435

  1 King. c. 12. & 13.
• m 1.436

  1 King. 15. 25. to 31.
• n 1.437

  1 ••ing. 15. 34. c. 16. 1, to 14.
• n 1.438

  1 King. c. 1••. to 22.
• o 1.439

  1 King. 21. 19. to 25.
• p 1.440

  1 King. 〈◊〉〈◊〉. 19. c. 22. 37. 38.
• q 1.441

  2 King c. 9. & 10.
• r 1.442

  2 King. 10. 30.
• s 1.443

  2 Kings c. 12, to 16.
• t 1.444

  2 Kin. ••6.
• v 1.445

  1 King 13. 21. to 31.
• x 1.446

  1 King 15. 3. 7.
• y 1.447

  2 Chron. 21
• z 1.448

  2 Chron. 22.
• a 1.449

  2 Chro. 24. 17. to 27.
• b 1.450

  2 Chro. 25.
• c 1.451

  2 Chron. 28.
• d 1.452

  2 Chron. 33. 2 King. 23 & 24. & 25.
• e 1.453

  2 Kin. 9. 27, 2••. 2 Chron. ••2. c. 24. 24. 26. c. 25 27. 28. 2 Chron. 33. 22, to 28.
• f 1.454

  Deut. 29. 1. to ••6. Iosh 21. 14, to 29. 2 Chr. 15. 9 to 17. 1 Sam. 12. 13. to 2••. Chr c. 28, & 29, 2 Chr. 23. 3. 16. 17.
• g 1.455

  2 Chr. 15. 9. to ••.
• h 1.456

  1 Chr. c. 28. &. 29.
• i 1.457

  2 Chr. 23. 16 17. 2 King. 11. 4 17. 18.
• k 1.458

  2 Chr. 29. 10 c. 30. 19. to 27. c. 11. 1.
• l 1.459

  2 Chr. 34. 30. 31. 32. 33.
• m 1.460

  Ezra 10. 3. 4
• n 1.461

  Nehem. 9. 38. 6. 10. 1, to 39.
• o 1.462

  Deut 13. & 17.
• p 1.463

  Iosh. 22. 9. to 34.
• q 1.464

  Iudg. 20, & 21.
• r 1.465

  2 Chr. 21. 10 11.
• s 1.466

  2 King. 19. 20. 2 Chro. 17, 18, 19, 20, 21.
• t 1.467

  De Iure in Magistratus in subditos, p 272. to 275.
• v 1.468

  Explanatio Artic 42. & lib. 4. Epist. Zuing & Oecol. f. 186.
• x 1.469

  Vindiciae contra Tyran∣nos, quaest. 2. p. 43 to 70.
• y 1.470

  Page 271. to 275.
• z 1.471

  Instit. l. 4. ••. 20. sect. 31.
• a 1.472

  The True Difference, &c. part. 3. p. 513, 514.
• * 1.473

  So 2 Sam. 21. 17, 18. Da∣vid being like to be slain by Ish∣bi••enoh the Gyant whom Abisha•• slew. The men of David sware to him ••••ying Thou shalt go no more out with us to battell, that thou quench not the light of 〈◊〉〈◊〉.
• * 1.474

  2 Chron. 30. 1, to 6.
• k 1.475

  2 Chron. 31. ••8. 1.
• c 1.476

  The third part of the True difference be∣tween Christian Subiection, &c. p. 513. 514.
• d 1.477

  Antiqu. Iud. l. 4. c. 8.
• d 1.478

  Cunaeus de Repub. Heb. 6. 1. c. 9. p. 75. 76. 77▪
• e 1.479

  Explani•• Artic. 42. Tom 1 Oper. Tiguri, 1581. f. 84, 85.
• f 1.480

  Quaest. 3. p. 94, to 97.
• g 1.481

  1 Chro. 29. 1.
• h 1.482

  1 Chr. 13. 1.
• i 1.483

  1 Sam. 14. 45
• k 1.484

  1 Chron. 10. 1.
• l 1.485

  Neh. 11. 9.
• m 1.486

  Ier. 26 9. 17
• n 1.487

  Ier. 37. & 38
• * 1.488

  5.
• q 1.489

  Iun. Bru••us Vindic. Contr. Tyrannos qu. 3. p. 121, 122. Al∣bericus Gentilis de Iure Belli, l. 3. c. 15. p. 612.
• r 1.490

  Ps. 1. 1, 2. Ps. 19. 10. Ps. 119 throughout.
• s 1.491

  2 Sam. 23. 3.
• t 1.492

  1 King. 10. 9. 2. Chron. 9 8.
• v 1.493

  2 Chron. 34. 31.
• x 1.494

  2 Chron. 15. 12. to 17. Ezra 10. 3. &c. Neh. 9. 38. c. 10. 1. to the end.
• y 1.495

  Isay 9. 7. c. 16. 5. c. 32. 2. 2 Sam. 5. 12. Ezek. 45. 8, 9.
• z 1.496

  Isay ••. 23. c. 12. 14, 15. Zeph. 33. Mich. 3. 9. to 12. Ezek. 22. 6. to 28. Isa. 14. 4. to 23. Object. 1.
• a 1.497

  Com. in Ps. 50. & Epist. ad Rusticam.
• b 1.498

  In Psal. 50.
• c 1.499

  In Psal. 50.
• d 1.500

  Grotius de Iure Belli & Pacis, l. 1. c. 3. sect. 20. p. 63, 64 77.
• * 1.501

  Answ.
• e 1.502

  1 Sam. 2. 25. 2 Chron. 6. 22. Deut. 22. 23. 24. Ezek. 18. 6. 7. 11
• f 1.503

  Prov. 20. 2. 1 Cor. 6. 18.
• g 1.504

  See Grotius de Iure Belli, l. 2. 6. 14. s. 20. Marius Sala∣monius de Prin∣cipatulib. Rebuf Praesat. ad Rubr de Collationibus, p. 583.
• h 1.505

  In Ps. 50. Marlorat. Mol∣lerus, Musculus, Calvin, Breden∣bachus, Brentius Bucunus, Brero, Bugenbag. Fer∣nerius, Haymo, Gualter, Rolloc, Savanoerola, Scultetus, Gil∣bert Cognatus, Westhemerus, Zegodinus Wolfg. Seberius in Psal. 51.
• i 1.506

  Rom. 2. 12. 14. 15. c. 3. 20. c. 5. 13. c. 7. 7. 1 Cer. 15. 56. 1 Ioh. 3. 4.
• k 1.507

  2 Sam. 24. 10. to 20.
• m 1.508

  Psal. 40. 12 Psal. 38. 3, 4.
• l 1.509

  Sam. 16. & 19. 28, 29.
• n 1.510

  See De Iure Magistratus in su••di••os p. 301, 302.
• o 1.511

  Isay 30. 33. Rom. 6. 15. 16.
• p 1.512

  2 Sam. 7. 14 Psa. 89. 30, 31, 32.
• q 1.513

  Hugo Gro∣tius de Iure Belli & pacisl. 1. c. 3 sect. 20. p. 64.
• * 1.514

  Object.
• * 1.515

  Answ. 1.
• s 1.516

  Antiqu. Iud. l 6. c. 4.
• * 1.517

  2.
• t 1.518

  2 Sam 23. 3 Ps. 67. 4. Pro. 31 9. Isay. 32. 1. 2 Chron 9. 8.
• v 1.519

  Exod. 20: 17. Deut. 5. 21.
• x 1.520

  1 King. 21. 2 to ••5.
• y 1.521

  Antiqu. Iud. l. 6. c. 4. 5.
• * 1.522

  Observ. 1.
• z 1.523

  Pet. 2. 13.
• a 1.524

  Part. 3. p. 110, 111.
• b 1.525

  Part 3. p. 115, to 122.
• c 1.526

  Herod. l. 1. Cicero, l. 1. Offic.
• d 1.527

  Livius, l. 1.
• * 1.528

  See here, par. 1. p. 53. to 78.
• e 1.529

  Analas Cilly.
• * 1.530

  Observ. 2.
• f 1.531

  Num. 127, 128, 129.
• g 1.532

  Peneg. Tr••∣ian. di••tus.
• * 1.533

  Barclay l. 3. adver. Monarc. c. 8. l. 6. c. 23. 24. quoted by Grotius.
• h 1.534

  Vindiciae Contr. Tyranne. printed 1589. Quaest. 3. p. 9. 91. to 111.
• i 1.535

  Gen. 39. 4.
• k 1.536

  Dan. 2. 48.
• l 1.537

  Dan 6. 1.
• * 1.538

  Hotemani France Gallia, ••. 6.
• m 1.539

  Gen. 23. and 34.
• * 1.540

  Har. p. 143. 144.
• n 1.541

  Esther ••.
• o 1.542

  Arist. Polit. l. 5. c. 11. & 6. 3. c. 7.
• p 1.543

  Herodian. l. 8. in Orat Ma∣ximi & Albini 〈◊〉〈◊〉 Milites.
• q 1.544

  Speculum ••axonicum.
• r 1.545

  Aimenius, l. 5. c. 16. in Ca∣rolo Caluo. See H••lomani Franco gall••a, c. 5, 6, 10. &c.
• s 1.546

  P. Filius. sam. Inst. quibus mod. in P••triae pol. solvitur.
• t 1.547

  Re••atus, chappinus.
• v 1.548

  Aimonius.
• x 1.549

  Caesar, l. 5. & 7. de Bello Gallico.
• * 1.550

  Note.
• * 1.551

  Note.
• * 1.552

  Note.
• y 1.553

  L. propone∣batur, -6. D. de •• Iud. ciis, l. qui res suas 98. pa∣ragr. ult. de so∣lat••on ••inter stipul 93. parag. Sacram. D. de Verbor, oblig. Vlpian. de Reg. Iuris, l. 54.
• * 1.554

  Observ. 3.
• a 1.555

  In his speech in Parl. in his works, p 531 c. 9
• b 1.556

  A Collecti∣on, &c. p. 320, 321. and else∣where.
• e 1.557

  l. 1 c. 8. l. 3. c. 9.
• f 1.558

  l. 1. c. 17.
• g 1.559

  c. 9. to 15.
• h 1.560

  See Cooks Epist. to the 5. Report. & Calvins case.
• i 1.561

  par. 1. & 2.
• k 1.562

  Fox Act. & Mon. Edit. 1. in one Vol. p. 741.
• * 1.563

  From Henry the eight and his Councell.
• g 1.564

  Ponet. P. lit. Government, p. 22. Dolman. p. 72. and others.
• h 1.565

  Plinius 2. Panegyr. Tra∣iano, d••ct Ec∣cardus, de Lege Regia.
• i 1.566

  In Phil••∣••••rato, l. 8. & Eccardus de Lege Regia.
• k 1.567

  Dionys. Hall car. l. 1. Eccardus de Lege Regia Iunius Brutus p. 122.
• * 1.568

  Observ. 4.
• l 1.569

  Ioannis Ma∣ior Distinct. 24. qu 3. Lau. Bo∣chellus Decreta Eccles. Gall. l 5 Tit. 4. c. 3. p. 728.
• m 1.570

  Vindicae contra Tyran∣nos qu 3. p. 124, 125, 126.
• * 1.571

  Innocentius ad Regen. Tarrat. in c. quando de Iure I••••ando.
• * 1.572

  Observ. 5.
• * 1.573

  Observ. 6.
• * 1.574

  See Henricus Eocerus lib. 2. Le Duello, c. 4 5. that the Civill Law concern∣ing Iusts, is con∣trary, yet the Canon Law prohibiting Iusts, upon pain of excommuni∣cation, accords with the com∣mon Law.
• * 1.575

  Observ. 7.
• n 1.576

  Part. 1. p. 102. part. 2. p. 1•• to 17.
• o 1.577

  Rom. 1611. f. 62. ••••3. and transc•• in M. Seldens Ti∣tles of Honour, first Part. Chap. 8. p. 197, 198.
• p 1.578

  L••bene a Ze∣none c. dequad. praest. l. vivis, de quaest. Mag. l. 12 c. l. fiscus D••de Iure fisci.
• * 1.579

  L. Cum servis 3••. to ult. D. de Leg. ••. l Vni∣versi 9 x. l. seq. C de sundo pa∣trimon.
• * 1.580

  Rom. 13.
• * 1.581

  Pliny, l. 19. c. 4.
• * 1.582

  Archid. in Can. si quis Romipetas & peregr. 24. qu. 3. Baldus in c. 1. sect. Com∣men. de paceiure infir. l. 2. D. ne quid in loco pub. Viarum l. magis puto D. de rebus ••orum.
• * 1.583

  Iuvenal.
• * 1.584

  2 King. 9. & 12. Postellus l, 3. de Rep. T••r.
• * 1.585

  Gen. 23.
• * 1.586

  Sleiden, l. 1. & ••ulla aurea.
• * 1.587

  L. 1. & passim, c de Com. Rev. alienat.
• * 1.588

  Nauclerus in Chron. Gen. 46. C. intellecto de Inreiurando in Decret.
• * 1.589

  Polydor Virgil. In Cod Hispan. par. 5 1. Con∣sent. 9.
• * 1.590

  Papon Ar. stor. l. 5. Tit. 20. art. 4.
• * 1.591

  Paragr. 11. & 16. Legis Regiae Latae. 1566.
• * 1.592

  Aimoi &c. Aimoi. l. ••. c. 41.
• * 1.593

  L. Petr. 69. pa∣r••g. praed••umi. D. de Oy. 2.
• * 1.594

  An. 1483. 15••2. 〈◊〉〈◊〉. Ares••is Curiae. 1••60.
• * 1.595

  Paulus Aemil. l. 3.
• * 1.596

  An. 1195, 1200, 1269, 1297, 1303, 1325, 1335. An 1360. An. 1465, & 1525.
• * 1.597

  An. 1420. Mons••re••et c. 225.
• * 1.598

  L. Liber homo 103. D. de verbo. obligat. l si Emp. 34. § 1. D. de con∣tra Empil••pe-C. de oper. libert.
• * 1.599

  An lex sit Regni usis fructuarius?
• * 1.600

  Mon••retus in Carolo 6.
• * 1.601

  Ex Concil. Va∣lent. in c. de his quae finit. a Pre∣latis absque cons capit.
• * 1.602

  Florus l. 2 Livy l. 70. Tacitus l. 14.
• * 1.603

  Volaterum, lib. Greg 3.
• * 1.604

  1 King c. 9. 2 Chron. c. ••.
• * 1.605

  L. 2. paragr••ius rei D. de admi∣nist. rer ad cui. part. 1. Lut••r 27. D. de ad∣min. tutor. l. fi Fundum. ••arag. fi tutor D. depositi & express. Ex∣trauag. dere Iu∣dicat c. intelle∣cto. l. 2 & passim c. de in∣terdict Com∣••er, alien.
• * 1.606

  Part. 2. p. 1. to 41.
• * 1.607

  Observ. 8.
• q 1.608

  Part. 1. p. 51. to ••8.
• * 1.609

  Deut 17. 1 Sa. ••0. 25. 2 Sam. ••. 3. 1 Chron. 11. 3. 2 King. 11. 17. & 12. 2 Chron. 23. 3. 2 King. 23. 3.
• * 1.610

  Xenoph. lib Pa.
• * 1.611

  Xenophon. de Repub. Lace∣daem.
• * 1.612

  Dionys. Halli∣car. lib. 1.
• * 1.613

  See Ec••ardus de Lege Regia & M••rius Salamo∣nius de Princi∣patu l. 6. where this Law is re∣corded.
• * 1.614

  Speculum Sa∣••on, l. 1. art. 54. See Descript. Co∣ronations Ma∣ximiliani Imper An. 1486. in Rerum Germ. scrip. Tom. 3 p. 32.
• * 1.615

  Sleidan, l. 1. c. 2.
• s 1.616

  See Ponti∣fical. Romanum Romae 1611. f. 161. 162. Mr. Seldens Titles of Hon. par. 1. c. 8. p. 196. to 206.
• t 1.617

  See Bochel∣lus Decreta Ec∣cles. Gallicanae l. 55 tit. 2 c. 1. & Mr. Seldens Titles of Hon. par. 1. ch 8. p. ••41. to 256.
• * 1.618

  See Hot••mani Franco-Gallia c. 6. 7. 10.
• * 1.619

  De Iure Ma∣gist. in Subditos, 290, 291, 292. See the French Hist. in his life.
• * 1.620

  (*) Bodin Com. ma••w. l. ••. c. ••. p. 632. 633.
• * 1.621

  In Annal. Burg.
• * 1.622

  In Concil Tol. 4. c. 7. & Tol. 6. l. 2 feud. tit. 28. par. 1.
• * 1.623

  La ioyeuse en∣••••r.
• * 1.624

  Ludovic. Guic.
• * 1.625

  L. 1. D de pact. l. non minorem. 20 D de trans∣act.
• * 1.626

  Lib. 2. feudor. 2. 26. § 4. a. tit. 47.
• * 1.627

  Dionys. Hal. l. 2 pag. 303. 304.
• * 1.628

  1 Cor 7. 15.
• * 1.629

  Cic. 1. Offic••▪
• * 1.630

  See Meteranus 〈…〉〈…〉. l. 11.
• * 1.631

  The Edict of the generall Estates decla∣ring the King of Spaine to be fallen from the Seigniory of the Nether∣lands.
• * 1.632

  See Meteranus and others.
• * 1.633

  Note.
• * 1.634

  The forme of the oath of ab∣juration of the King of Spaine.
• * 1.635

  Observ. 9.
• * 1.636

  De jure Ma∣gistratus in sub∣d••to. p. 2••3. ••••4 295. Hugo Gro∣tius de 〈…〉〈…〉 l. 1. c. 4 〈◊〉〈◊〉 p 85.
• * 1.637

  〈…〉〈…〉.
• * 1.638

  Part 3. p. 13••. to 143.
• a 1.639

  Euseb. lib. 2. vita Constan. & Ecclesist. Hist. l. 8. 9. 10. Scorat. Scholast. Hist. l. 1. Sozomon. Niceph. Ca••l. Eccles. Hist l 7. c. 29. 37. 39. 44. 45. Grimston Eutropius Zo∣nara Sabelli∣cus Valate••anus in the Lives of Constantine Maximinus and Maxentius.
• * 1.640

  Operum. Aut verpiae. 1612. Tom. 17. s. 163.
• * 1.641

  Valerius Ma∣xim. l. 6. c. 7.
• * 1.642

  Not••.
• * 1.643

  In Trastat. de Tyranno, & in Tract. de reg. Civit.
• * 1.644

  Bartolus Tract. de Guelphis & Gibell A••g. l. 3. §. cum igitur D. de vi & viar. Thom. Aquinas in 2. 2ae qu. 12. Art. 11. in fine l. 1. D. ad leg. Iul. magist. Ci••. ••arid 4.
• * 1.645

  L. 160. D. de reg Iur.
• * 1.646

  Vlp. l. 3. D. de adm. & peric. Tut. & curat.
• * 1.647

  L. 27. D. eodem.
• * 1.648

  L. 14. D. de ad∣min. & peric. tut.
• * 1.649

  L 3. de suspect. tut. & cur.
• * 1.650

  L. 10. & 33. D. de admin. & peric. tutor. & Curat.
• * 1.651

  Judg. 5.
• * 1.652

  2 Chron. 10 & 11.
• * 1.653

  August. l. 1. 7. de Civit. Dei. c. 22.
• * 1.654

  See Hotoman. Francogallia. c. 6. to 14.
• * 1.655

  ••••••issard. l. 1. c. 1. & seq••. A••t. de But. Consil. quod po∣situm inter Con∣sil. Paul. de Castro vol An∣tiqu. nu 412. in cip. Ʋiso pun∣cto. Martini. Laudensis in Tract. de Car∣din in 2. qu. 35. Phil. De iniquo∣dam consilio, cu∣jus verba fae∣runt Andr. Bar∣bar. in D. cons. 1. l. ••. c. 6. Bald. in l. Olim. col. peri. de res••ri. in Decretal. Bo∣nifac. 8 de Mai. & obed.
• * 1.656

  Plato. l. 8. & 9. de Repub.
• * 1.657

  L. 3. & l. omne delictum. Sect. ult D. de re mi∣lit.
• * 1.658

  C. nullus in Car∣thagin. Concil. Doctores Pon∣tificii.
• * 1.659

  L. 3. D. de ad∣minist & peric. tutor. & cur. l. 3. D. desuspect. tut. & curat.
• * 1.660

  Maccab. lib. 1. c. 3. v. 45.
• * 1.661

  Justin. l. 1. Diodor. l. 2. c. 37.
• * 1.662

  L. 1. c. de Sedi∣tiosis.
• * 1.663

  L. I. l. 9. D. de autor. & consil. tutor. & curat.
• * 1.664

  Seneca l. 8. de Benefic.
• * 1.665

  John 34 ••. 30.
• * 1.666

  Eccles. 10.
• * 2.1

  Object. 1.
• a 2.2

  Chassanaeus in confuetud. Burg. Rebuffus ad constit. Reg. Tom. 2. & Bo∣nefic. art. 2. Bodin. de repub. l. 1. c. 10.
• b 2.3

  Part. 3. p. 115. to 123.
• c 2.4

  Rom. 13. 1, 2, 2, 4, 5, 6. Prov. 8. 15. 16.
• d 2.5

  Part. 2. p. 44. 45.
• e 2.6

  Eph. 4. 11. 1 Cor. 12. 28. c. 4. 1. 2 Cor. 3. 6. c. 11. 23. 2 Tim. 4. 6.
• f 2.7

  Ragister. par•• 2. f. 3. 23. 60 62. 303. 7. 31. 33. 35. 38. 44. 54. 55. Pars ••. 286. 302, 303. 305. 306, 307. Pars 3. f 5. 22. 26. 29 31. 35. 42. 47. Fitz. Nat. Bre. 132.
• g 2.8

  Willielmus Dei GRATIA Eliensis Episc. &c. Mattheus Pars. p. 155.
• h 2.9

  Proaem. Relect. in leg. Taurin. 36. Object. 2.
• * 2.10

  See Mr. Sel∣dens Titles of Honour, part. 1. c. 8. sect. 1.
• i 2.11

  Part. 3. p. 89. to 94.
• k 2.12

  Part. 3. p. 92. 93. 〈◊〉〈◊〉 Cun••us de Re∣publ. Hebrae. l. 1. c. 14. Pontif. & Ceremoniale Romanum.
• l 2.13

  Ad Tit. de S••at Ho••. l. 1.
• m 2.14

  De Imp qu. 18. & 10.
• n 2.15

  De Potest. Regia. part. 4. Sect. 16.
• o 2.16

  Moral. Ju∣stit. pars 2. l. 10 c. 5.
• p 2.17

  Catalogus Gloriae mundi, p 5. Consid. 35.
• q 2.18

  See Mr. Seldens Titles of Honour, part. 1. c. 8. Sect. 1.
• * 2.19

  4.
• t 2.20

  Titles of Honour, part. 1. c. 8. Sect. 1.
• v 2.21

  See Selden, Ibid. p. 148. 149.
• x 2.22

  Decreta Ec∣cles. Gal. lib 5. Tit. 2. c. 1. 2, 3, 4, 5, 6. Mr. Sel∣den Ibid. p. 148. 149.
• y 2.23

  Ibid p. 149 150, 151, 152.
• z 2.24

  Tho. Wal∣singham. in Ini∣tio, H. 4. See Selden. Ibid. p. 153.
• a 2.25

  Titles of Honour, part. 1 c. 8 Sect. 11.
• b 2.26

  De Republ. Hebrae. l. 1. c. 14
• * 2.27

  Rerum Angli∣carum, l. 3. c. 6. See Saxo gram∣maticus Dan. Hist. l. 8. p. 14••
• * 3.1

  Chronico Ja∣cebi Con••shanti, & Germaniae Historicorum. Tom. 2. p. 180, 181, 182.
• * 3.2

  Interest of Princes.
• * 3.3

  Vindiciae contr. T••rannes, qu. 4. ••. 207. &c.
• * 3.4

  •• Chron. c. 31.
• * 3.5

  2 King 22.
• * 3.6

  2▪ Chron. 34. 6. 7. & 35.
• * 3.7

  Sozom. l. 7. c. 〈◊〉〈◊〉
• * 3.8

  Numb. 32.
• * 3.9

  Josh 4. 7 12.
• * 3.10

  Deut. 3. 20.
• * 3.11

  Judg. 5.
• * 3.12

  2 Sam. 11. 11.
• * 3.13

  Amo•• 8.
• * 3.14

  Judg. 8. •• 12.
• * 3.15

  2 S••••. 5.
• * 3.16

  Numb. 31.
• * 3.17

  Matth. 25.
• * 3.18

  August. in Psal. 82. Ambr. l. 1. de Offic Gratian in Decret.
• * 3.19

  ••icero l. 1 & 3. Offic.
• * 3.20

  〈◊〉〈◊〉. Sic. ••. 2. c. 2.
• * 3.21

  Thucyd. ••. 2.
• * 3.22

  Object.
• * 3.23

  Answ.
• * 3.24

  Pompon de reg∣lur deg. 36.
• * 3.25

  Cic. 2. Offic.
• * 3.26

  Cic lib. 2. Offic.
• * 3.27

  Joan. Avent. in Anal. Boyorum.
• * 3.28

  See Speed & Cam••dens Hi∣story of Queen Eliz. Metormus and Grimstons Histories of the Netherlands. The Noble Acts of Prince Maurice of Nas∣s••u and the Bils of Subsidies in Qu. Eliz. King James, & King Charles his reigne.
• * 3.29

  2 Tim. 2. 12.