HAving finiſhed the preceding Treatiſe; which aſſerts, The Supreame Authority and Soveraigne Power in the Realme of England, legally and really to reſide in the whole Kingdome, and Parliament, which repreſents it, not in the Kings Perſon, who is inferiour to the Parliament: A Doctrine, quite contrary to what Court Prelates and Chaplaines have for ſundry yeeres inculcated into our Kings and People (who preach little elſe but Tyranny to the one, and Slavery to the other, to ſupport their owne Lordly Prelacy, and hinder an exact Church Reformation) and directly oppoſite to the reſolutions of many malignant Courtiers, Lawyers, and Counſellours about His Majeſty; who have either out of ignorance or malice, created him a new Utopian abſolute Royall Prerogative, unknowne to our Anceſtors, not bottomed on the Lawes of God or the Realm; for maintenance of each Punctilio whereof, againſt the Parliaments pretended Encroachments, the whole Kingdome muſt be engaged in a deſtructive civill Warre, now like to ruine it: I could not but conjecture, how in all probability theſe Clergy men, Courtiers and Lawyers, out of their unskilfulneſſe in true Divinity, Hiſtory, Law, and Policy would upon the firſt tydings of this ſtrange Doctrine, paſſe a ſentence of Excommunication and death againſt it, as guilty not onely of Hereſie, but High Treaſon; and judge it ſuch a monſtrous Antimonarchicall Paradox as was never heard of in, much leſſe claimed or practiſed by any Kingdome, Realm, or Monarchy whatſoever: To anticipate which raſh cenſures, and undeceive both Kings and Subjects whom theſe groſſe Paraſites have over-long ſeduced in this point, to their prejudices, convince the conſciences of all gainſaying Malignants, irradiate this long obſcured verity, whoſe ſeaſonable diſcovery, may through Gods bleſſing, conduce very much to period the preſent Differences between King and Parliament, touching matters of Prerogatives and Priviledges claimed by either; I conceived it, not only expedient but neceſſary, to back theforecited preſidents of our own Kingdom with paralelled examples in moſt forraign Realmes and Monarchies (in which it is not mannerly to be overbuſie without juſt cauſe) which I have faithfully (though ſudenly) collected out of the beſt approved Authors and Hiſtorians; whereby I ſhall infallibly prove, that in the Roman State and Empire at the firſt, in the Greek Empire ſince, in the German Empire heretofore and now; in the ancient Kingdomes of Greece, Egypt, India, and elſewhere; in the Kingdomes of France, Spaine, Hungary, Bohemia, Denmarke, Sweden, Poland, Scotland, and moſt other Kingdomes in the world, (yea in the Kingdomes of Judah and Iſrael, and others mentioned in Scripture) the Higheſt Soveraigne Authority, (both to elect, continue, limit, correct, depoſe their Emperours and Kings, to bound their royall power and prerogatives, to enact Lawes, create new Offices and formes of Government) reſided alwayes in theſe or Princes perſons. I ſhall begin with whole Kingdomes, Senates, Dyets, Parliaments, People, not in the Emperors, Kings, the Roman State, as having much affinity with curs, See Camb. Br. Math. it estm. Polychr. Fabian, Holinſh. Speed, Grafton, Grimston. which was long under their command heretofore.

After the building of Rome by Romulus and Remus, Livy, Rom. Hiſt. l. 1. Plut. Romul & Numa Pomp. Dionyſ. Hal. Antiq. Rom. l • Munſter Coſmogr. l. 2. c. 60. p. 2 • 0. Romulus being elected King, divided the people into two Rankes; thoſe of the higheſt quality, he ſtiled Senators, making them a Court of Counſell and Justice, much like our Houſe of Peeres; the other he termed The People, being the body of the State, and repreſenting our Houſe of Commons. In this diſtinction, made by the Peoples conſent, the Soveraigne Authority to elect Succeeding Kings, to enact binding Lawes, to make warre, or peace, and the like; reſted not in the Kings perſon, but in the Senate and people joyntly, if they accorded; yet principally in the people, in caſe either of aſſent or diſſent between them; their very Kings and Lawes having their greateſt power and efficacy chiefly from the peoples election and aſſent.

To begin firſt with their Kings Election and Authority.Plutarchi Numa Pompil. Dionyſ Hal. l. 2. ſect. when Romulus their firſt King deceaſed, there aroſe a great controverſie in Rome about the Election of a new King; for though they all agreed to have a King, yet who ſhould chuſe him, and out of what Nation he ſhould be elected, was then controverted. In the Interim to avoid confuſion, the Senators, being 150. divided the Regall power between them, ſo as every one in his turne in Royall Robes ſhould doe Sacrifice to the Gods, and execute Juſtice ſix houres in the night time, and ſix houres in the day; which tended to preſerve an equality among the Senators, and to diminiſh the envie of the people, when in the ſpace of one night and day, they ſhould ſee one and the ſame man, both a King and a private perſon. But the people diſliking this Interregnum (as tending to put off the Election of a King, that the Senators might keep the principallity, and divide it among themſelves)Livie Rom. Hiſt. l. 1. l. 14. 15. Edit • rancofurti, 60 • . Dionyſ. Hal. l. 2. ſect. 7. cried out, that their bondage was multiplyed having an hundred Lords made instead of one, neither would they ſuffer it any longer, unleſſe they would admit a King, created by themſelves: Hereupon the Senate, thinking it beſt to offer the people that, which they were like to loſe, to gaine their favour, Summa potestate populo permiſſa, permitted to the people the chiefe power of Electing a King: but yet that they might not give away more right, then they deteined: they decreed, That when the people had commanded and elected a King, it ſhould be ratified, if the Senators ſhould approve it, or be reputed the authors of it: Then the Interex aſſembling the people, ſpake thus unto them: O Romans REGEM ELIGITE, chuſe yea King: ſo the Senators thinke fit, and if he be one worthy to ſucceed. Romulus, they will approve him. This was ſo gratefull to the people, that leſt they ſhould be overcome with the benefit, they commanded, that the Senate ſhould decree who ſhould reigne at Rome. At laſt, Numa Pompilius was named; and none of the people or Senate daring to preferre any before him; all of them joyntly decreed, that the Kingdome ſhould be conferred upon him. Whence Canubius the Tribune of the people in his Speech againſt the Conſuls, long after, uſed theſe wordsLivie Rom. hist. l 4. p. 4 p. 145. Numa Pompilius POPULI JUSSU Patres autoribus, Romae Regnavit. Reges exacti JUSSU POPULI: which manifeſts, the chiefe power to be in the people. Numa departing,Livie, l. 1. p. 17. Dionyſ. Hol. l. 3. c. 10. 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 KingLiviel. 1. p. 25. Dionyſ. Hal. l. 3. c. 9. Regem POPULUS CREAVIT; patres fuêre auctores: After himLivie l. • , p, 28. Dionyſ. Hal. l. 3. c. 10. 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 himIbid, p, 32, Dionyſ Hal l. 4. c. 1, 2. primus injuſſupopuli, voluntate 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,Ibid. 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? tantoque conſenſu, quanto hand quiſquam alius ante rex eſt declaratus. But Tarquin the Proud affecting the Kingdome ſlew Servius; andIbid p. 36, 37, • 8, 44. Dionyſ Holbicar. l. 4. c. 5 to the end. 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, baniſh, 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 conſulendi, of conſulting with the Senate about all affaires, and adminiſtred the Common-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 Government by a Decree, and to take a Livie l. 1, p. 45, 47. Dionyſ. Hal, l, 4, c, 10, l. 5. c. 1. 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 andDe officiis l. 3. Tully. This done, the Livie l. 2. p. 47. Dionyſ. Halicar. l 5. c. 1, 2. people created two annuall Conſuls, who had the Power, but not the name and continuance of Kings, Annuum imperium conſulare factum est: Brutus the firſt Conſull was ſlaine, whileſt hee was Conſull, and Valerius his Companion being ſuſpected by the People to affect the Kingdome, becauſe hee demanded no new Companion: Valerius heereupon calls the people togetherLivy ibid. 〈…〉 Dionyſ. 〈…〉 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 by 〈…〉 l. 2. ſect 2. p. 13 • , 133, 134. Dionyſius Halicarnaſſeus, Hiſtoriae, l: 6, p. 529, 530, 534. Polibius, Hiſt. l, 1, & 2, l, 27, p, 3 • 0, Livy, Ge, Dierum l, 1, c, 3, l, 4, c, 23, f, 239, 240, Alexander ab Alexandro, Com. weal, l, • , c, 10, Bodin, (andRoſiaus, Godwin, and others: and Munſt, Coſmogr, l, 3, c, 〈◊〉 , p, • 80, 28, & c, 16, p, 3 •• , moſt who have written of the Roman Republike) that the Soveraigne Authority among the Romans, during their Kings, Conſuls, 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, depoſe the Roman Conſuls (who had Regall Power) yea, the Roman Kings, Senators, and highest Officers; and to them the Liv, Hiſt, l, 8, p, 313, with the other forecited Authors. laſt appeale from King, Senate, or other Magiſtrate might be made, as to the higheſt Tribunall: they having power likewiſe toNobis eadem vi facitis i • vitam, qua peperiſtis, Liv, Hiſt, l, • , r, •• 0, 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 Common wealth, l, 2, c, 5, & l, 1, c, 10, 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 Jacobus Valdeſius, c. 18. This appeares by the election and confirmation of moſt Emperors from See Mun • , Coſmog, l, 2, c, 63 Grimſtons imperiall Hiſtorie, Suetonius, Dion Caſſius, Herodian, • utropius, Zoaaras, Sabellicus, Chronicon Chron •• rum, Opmeerus, Speed and others in theſe Emperor lives, and others. Octavius to Leo the first, and more particularly by the Senates and Peoples election and confirmation of Nerva Pertinax, Severus, Gordianus, Maximus Pupienus, Clodius Balbinus, Philip, Decius, Trebonianus, Galienus, Claudius the ſecond, Ta • itus, Probus, Iovinianus, Aurelius, and others. This right of the Senate was ſo cleare, thatGrim, impe. Hiſt. in his life, p. 2, 〈◊〉 Munſter Coſm. l • . c. 〈◊〉 , p. 296, 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 accepted thereof, to the great joy of the Senate and Roman people. After whoſe deceaſe Grim. impe. Hiſt. p. 208. Prebus, 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 Emperours. Commentar. l. 23. f. 238. Volateranus writes of Trajan (the See Eutropius, Sabellicus, Zonaras, Grimſton, Munſter in his life: Paneg. Trojano dictus. 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. WhenceIn vita Trajani. Dion, Eccleſ. Hiſt. l. 3. c. 25. Niciphorus, andHiſtory of Gr. Brit. p. 95. 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 governed not the Empire well, or violated Law and Equity; confeſſing thereby, that he was ſubject not only to the Lawes, but to the ſword of Juſtice too, in theſe Officers hands in caſe he did offend, much more then to the Senate. I read of the Emperor Grimſtons imperiall Hiſt. in his life, p. 181 Munſt. Coſm. l. 2. c 63. Decius, elected by the Senate; that he preſerved the authority of the Senate, (who compelled him to make his Sonne his companion in the Empire) following their Counſell in all matters of Government, governing all things with great wiſdome and equity, by the advice and conſent of the Senate, to the great 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 Iuriſdiction over all men; which office ſome former Emperors had uſurped, making themſelves Cenſors. So Grimſtons imperiall Hiſt. p. 196. 205. Claudius the ſecond, and Tacitus did nothing without the conſent, advice, and counſell, of the Senate, either in matter of Warre or Peace. AndHiſt. l. 6. p. 530. 531. Polybius writes expreſly, That the Roman Emperors Counſels and purpoſes were efficatious, or invalid, at the pleaſure of the Senate, which had power to remove or continue them, to encreaſe or abridge their power and wealth; to decree or deny them triumphs, towards which they contributed; and and that they could neither make warre, nor peace, nor truces, without the peoples conſent. Their Emperors in truth, being but their chiefe Generals in their warres, at the firſt, in right.

Thirdly, They had power to create one, two, or more Emperors at once, as appeares in their election of Grimſton, ibid. p. 171. tom 176. Munſter Coſmogr. l 2. c. 63. 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 pleaſed, 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 Emperour Grimſton, Suetonius, Eutropius, Zonaras Volateranus, Sabellicus, Math. Weſtm. Polychronicon, Opmetrus Chron, Chronicorum, Speed, and others in his life. 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 when Grimston, Entropius, and others in his life. Domitian 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. Grimſtons imperial Hiſt. p. 160. Munſter Coſmog l. 2. c. 63. p. 2, 2. 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 preſently 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 Emperour, more through force, then good will of any honeſt men: But the people hateing, and curſing him; at laſt, a full Senate being aſſembled, by the common conſent of all the Senators, it was decreed, that Julianus ſhould be deprived of the Empire, as a man unworthy to rule, and Severus proclaimed Emperour; to whom two of the principall Senators were ſent to yeild him their obedience, with the Enſignes of the Empire, and Julianus being generally abandoned, they commanded him to be ſlaine in his pallace. Grimſton ib. p. 160. Aelii Lampridii Heliogabalus, Zonares, Sabellic. and others. Heliogabalus (that monſter of wickedneſſe) was ſlaine by the praetorion Souldiers by the Senates and peoples approbation, who commanded he ſhould no more be called Antoninus, and that in deteſtation of him, no other Emperour ſhould after that be called by this name, and that he ſhould be called Tiberinus, according to the manner of his death, his body being tyed to great ſtones, and ſunke in Tiber, that it might never be found. So Grimſt. in his life p. 170, to 174. with Jul. Capitol, Sabellicus, Munſter, and others. Maximinus the Emperour oppreſſing, and Tyrannizing over the people, with great cruelty, was depoſed by the Senate, and he, with his ſonne (though already made Caeſar, and declared Emperour) adjudged enemies and Rebels; and Gordianus with his Sonne elected and proclamed Emperours by the Souldiers, people, and Senate of Rome. After which they, conſidering the great power of Maximinus, • o ſecure the City, made great preparations to reſiſt him, and writ letters to all their Provinces, that Grimſton p. 324. all thoſe Governours that Maximinus had there placed ſhould be diſplaced; which direction was generally obeyed, and the Governours moſt of them ſlain. Thereupon Maximinus then in Hungary, poſts with his Army, and Son towards Rome; and young Gordianus being ſlain & his Father ſtrangled in the interim; the Senate aſſembled in the Temple of 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 Pavilions about noone, ſlew them, and ſent their heads to Rome. By theſe, with ſundry preſidents of like nature, it is apparent, that the Soveraigne power and Juriſdiction, even after the Roman empire erected, continued ſtill in the Senate and people, to whom the Emperours were reſponſible, by whom they were depoſed, yea put to death for their miſdemeanours 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 Conſuls 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 Emperours, to preſcribe conditions, and Oaths unto them before they were crowned; as alſo a power in ſome caſes to depoſe them, yea execute them, as you may read at large in theirSee Munſt. Coſm. l. 4. c. 59. Zouaras, Nauclerus, Sabellicus Grimſton, and others. lives; Of which I ſhall recite ſome inſtances.Ioan • es Zonaras, Annal. Tom. 3. p. 9 • . Grimſt. p. • 45. Eutropius, l. 1 • . p 154. See Munſteri Coſm. l 4. c 59. throughout. 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 Christian would not be an Emperor over Infidels: But all men were ſo pleaſed with his election, that they cryed out aloud ſaying; we are all Chriſtians; And for his ſake, thoſe which were not ſo, reſolved to become Chriſtians, upon condition that he would accept the Empire; which he thereupon accepting, with incredible joy and gladneſſe, they ſwore obedience to him, and gave him the Imperiall Enſignes. He being caſually ſmoothered to death; Zonaras ib. Grimſt. p. • 47. and Munſter, l. 4. c. 59 Valentinian the firſt was by the joynt conſent of the Captains and Souldiers, choſen Emperour: after which, the Empire went by deſcent till the death of Valentinian the ſecond and thenZonaras. Tom. 3, f. 123. Martianus by means of Endoxia, with the Senates and Patriarchs aſſent, was elected and crowned Emperour: After whoſe poiſoning Zonara. ib. f. 124. Grimſt. p. 292. Aſper ſought to have been his Succeſſor; but being an Arrian, the orthodox Chriſtians of Conſtantinople would by no means elect him; whereupon, accepta a populo potestate, he named Leo Emperour, having received power ſo to doe from the people. Leo adopting one of Aſpars Sonnes Caeſar, the Senate and people were ſo much diſpleaſed at it, fearing that an Arrian ſhould reigne over them, that they went tumultuouſly to the Emperour, defiring him to remove him from that dignity, who ſoone after flew both him and his father. Zonaras ibid. f. 126. Baſiliſeus uſurping the Empire againſt the Senates and peoples conſents, who hated him for his Tyranny; the people ſent for Zeno, whom he expelled, received him into Conſtantinople, and reſtored him to the Empire; After whoſe death Zonaras ib. f. 〈◊〉 , 127, 128. Grimſt. p. 306. Anaſtaſius, de ſententia Senatus & Legionum, was elected Emperour by the Senates and Legions decree. He dying, Zonaras ib. f. 127. 128. Grimſt. p. 306. Juſtinus, by the generall conſent both of the Senate, people, and Souldiers was elected Emperour, though but a ſwineheard in his yonger dayes; who creating Juſtinian for his Succeſſor, the people gave their conſents thereto, with happy acclamations. So Grim. p. 3 • 7 Conſtans the ſecond was made Emperour by the Senate of Conſtantinople. Zonar. f. 137 Philipicus uſurping the Empire against the peoples and Senates liking, they roſe up againſt him, depoſed him: and asDeſex Aetatemundi. Beda In Philyppico. Marianus l, 5. c. 15. Otho Friſingenſis andAn. 713. Abbas Ʋſpergenſis write; The people of Rome decreed, that neither his name, nor letters, nor coyne ſhould be received. And theZonaras Tom. 3, f. 137 Senate and people of Constantinople created Anthemius Emperour in his place, giving him the name of Anaſtatius. Thus Zonaras, ibid, f. 142 Michael Curaepalata was created Emperour by the Senate in the life of Stauratius who intended to leave the Empire to Theophanon his wife. So See Zonaras. ib. f. 168 Theodora, a toto Senatu, populo & ſacerdotibus, was elected and ſaluted Empreſſe. Nicetae Chroniatae, Annales f. 40. Iſatius Angelus was elected Emperour, and Andronicus depoſed, apprehended and put to death by the people of Conſtantinople for his tyranny and oppreſſion. After whoſe death Munſt. Coſmog. l. 4, p. 1109, 1110. Baldwin Earle of Flanders, a Frenchman, was elected Emperour by the Souldiers and people, upon condition, the Venetians ſhould elect the Patriarch: in whoſe blood the Empire continued Munsteri Coſm. l. 4, c. • 9. 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 likewiſeSee Biſhop Bilſons true difference &c. part. 3. p. 494, to 500. 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,Zonaras Annal. Tom. 3. f. 126. Cuſpinian, in Annaſtatio. Euphemius the Patriarch of Conſtantinople before he would crowne him, exacted of him a confeſſion of his faith in writing, wherein he ſhould promiſe, that he would innovate nothing in Ecleſiasticall Doctrines &c. whereupon he delivered a writing to the Patriarch, wherein he profeſſed, that he did embrace all the Tenents of the Church, and that he would keep all the Decrees of the Councell of Chalcedon; which done, he was crowned, and then preſently tooke away the grievous tribute called Aurargenteum, which much oppreſſed the people. Thus whenZonaras Tom. 3. f. 142. Michael Rungabis was elected Emperour, and came to be crowned, Nicephorus the Patriarch firſt required of him a writing, wherein he ſhould promiſe, that he would violate no ordinances of the Church, nor defile his hands with the blood of Chriſtians: which conditions ſe • (q) before. Biſhop Bilſon grants, the people had power to preſcribe, the Empire being elective, but not the Patriarch alone. And with all theſe Patriarchs ſometimes preſumed to excommunicate and keep their Emperours out of the Church for murthers and ſuch like offences, as appeares by 〈…〉 . Polyenctus keeping John 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 456 〈…〉 See Mua. Coſin, l. 2. c. 4. & l. 4. c, 59. Genſericus King of the Vandals waſting Italy and ſacking Rome whiles Marcianus the Emperour reſided at Conſtantinople, the Senators and Roman Gentlemen returning to Rome when Genſericus had loſt it, wanting an Emperour to protect them, choſe Avitus by common conſent for Emperour of Rome, Italy, and Sicilie, of which Marcianus was very glad, and approved his Election: And not long after, whiles Leo the firſt raigned at Conſtantinople, the Senate ſucceſſively elected Olibrius and Glizerius Emperours of Rome, Italy, and Sicilie; yea, the very finall diviſion of this great Empire into that of the Eaſt and Weſt, and th • e creation of a new Roman Emperour, and Empire of the Weſt, with the transferring of the Imperiall Crown from the Greeke to the German line, was done by the authority, and joynt conſent of the people, Senate, and Biſhop of Rome, upon this occaſion: asDecad, 1. l, 1, 10. Blondus 〈…〉 . Sabellicus and Bp. Bilſons true difference between Chriſtian Subjection and unchriſtian 〈…〉 Nauclerus vol. 3 Genera •• 26, An, 753. Sigebert, Chron. An. 801. Aencas Sylvius de Author. Rom. Imperii c. 9 Munſt. Coſinog, l. 2. c. • 4. others relate. Aiſtulfus King of the Lombards invaded and ſpoyled thoſe parts of Italy belonging to the Romans; who being unable to reſiſt or pacifie him; the Biſhop and City of Rome hereupon ſent meſſengers to their Emperour Conſantine to Conſtantinople, for ayd, aſſuring him, that unleſſe he ſent them ayd the City and whole Country would be ſubdued by Aiſtulfus: But whiles Rome and Italy were ready to ſinke under thoſe ruines Conſtantine had no manner of care to relieve them; and the meſſengers that were ſent to him, ſignified by letters, that there was no looking for help from Conſtantine, either for that he would not, or could not, and therefore they muſt ſeeke ſome other way: In the meane time Aiſtulfus ſent Heralds to menace the Biſhop and people of Rome, that unleſſe they would yeeld themſelves and their City, he would come and take them by force, and kill man, woman, and child. Hereupon they being out of hope to pacifie the enemy, or to receive help from Conſtantine; the Pope, together with the people of Rome, determined to ſend meſſengers to deſire ayd from Pepin father to Charles the great, then King of France, who ſent them ſuccour, ſubdued their enemy, and quieted Italy. After which, Charles likewiſe ayding and ſuccouring both the Pope, and Romans againſt their enemies, and comming in perſon to Rome; the Romans (who in heart were long before falen from the Emperour of Conſtantinople, becauſe he began to neglect the City of Rome, and to leave it as a ſpoyle to the Barbarians and others) taking this occaſion and opportunity, and grieving that the Empire of the world, which with their blood they had gotten, and eſtabliſhed by their vertues, ſhould be governed and ruined by Irene (a lewd woman) Conſtantines mother (who ſwayed all at her pleaſure) did thereupon elect and proclaime Charles for their Emperour, and commanded Pope Leo to crowne him. 〈…〉 c 3. Platina, Decad▪ 2. l. • , Blondus, Vol. 3, Gen. 27. An, 800. Nauclerus, • nead. • . • , 8 Sabellicus, Annal, • o •• rum, l. 4. f. 344. Aventinus, Anno • 01. Sigebert, • . 5, c, • 9, • riſingenſis, andDe Author, Rom, Imp. c. 9. Aeneas Sylvius, all record; that this was done (not by the Popes authority alone, (as ſome late Romaniſts pretend, for he poore man had no ſuch power) but by THE DECREE, DETERMINATION, ASSENT AND REQUEST OF THE SENATE AND PEOPLE OF ROME; who, tacito SENATUS CONSULTO PLEBIS CITOQUE DECERNUNT to transferre the Empire JURE SUO, By their owne right, from the Greekes to the Germans, and from Conſtantine to Charles the Great: ever ſince which time it hath continued thus divided in the blood of Clarles, and other French and German Princes. A moſt cleare demonſtration, that the moſt abſolute Soveraigne power and diſpoſall of the Empire reſided not in the Emperours themſelves, but in the 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 Emperour of another race, as ſee Avontine, An, l, 3, f, 344, &c. and Biſhop. Bilſon (z) before Pope Leo with all the Roman Clergy, Senate, and people then reſolved; not only in point of State policy, but of Conſcience too: upon which very Iacob Vald. de dignitate Regum Hiſp. c, 18, Munſt. Coſm. 1. 2. c, 20. 21. ground; not only the Spaniards fell off from the Roman Empire, electing them Kings, and erecting Kingdomes of their own: but likewiſe our ſee Speeds Hiſt. p, 189 to 212. Iland of Brittain (the faireſt plume of the Roman Diadem) rejected the Roman yoake and Government, to which it had been ſubject almoſt 500 yeares; craving ayd againſt the Scots and Picts from the Saxons, who therereupon became their Soveraigne Lords at laſt, and diſpoſeſſed them of the Kingdome: Now, that theſe revolts and changes of the Empire in this caſe were lawfull even in point of Conſcience, we have the reſolution of Biſhop Bilſon himſelfe, (in his Booke dedicated to Queen Elizabeth, wherein he profeſſedly defends the Soveraignty of Kings) in theſe very wordsThe true difference between Chriſtian ſubiection and unchriſtian rebellion. part. 3. p, 416. The Roman State and Commonwealth had as good right to diſpoſe the Roman Empire, as all other Chriſtian and Heathen Kingdomes and Countries had to ſettle the ſword and ſcepter that Reigned over them. And ſince all Caſſanaeus catalogus gloriae mundi pars 5, conſid. 29, p, 245 246. other Nations once members of the Roman Empire, were ſuffered to plant thoſe ſeverall formes of regiment which they beſt liked, and when the Right Heires failed to elect their owne Governours, I SEE NO CAVSE why the Romans might not provide for themſelves as well as other Realmes had done before them; eſpecially if the reports of your ſtories be true; that they were neglected by the Grecians, when they were beſeiged by the Lombards; and the ſcepter at Conſtantinople went not by deſcent, or ſucceſſion, but by violent and wicked invaſion, and uſurpation. So he; with whom Caſſanaeus in his Catalogus Gloriae mundi: pars 5 conſid. 30. p. 248. accords. and iacobus Valdeſius, de Dignitate Regum Hiſp. c, 18. n, 20, 21.

Sixthly, After this diviſion, and tranſlation of the Empire unto Charles the Great, the Roman Empire for a time, by permiſſion and connivence of the French, & German States, went by ſucceſſion till Charles the Groſſe; after him wholly by Election, ſee Munſt, Coſm l. 3, c, 22, and Grimſtons Imperiall Hiſt. 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 ratherGrimſt. Imp. Hiſt, p, 433, 535. 560, 571. 572. Munſt. Coſm, l, 3, p, 410, to 414. 7. Princes Electors: Yet during all this time the Soveraigne Power and Iuriſdiction of the Empire reſided only in the German Princes, States and Diets (not the Emperours themſelves) who had power, not only freely to elect what Emperours they pleaſed, but alſo to cenſure, and depoſe their Emperours upon juſt grounds, and to ſet limits to their Imperiall Iuriſdictions. Not to trouble you with the Hiſtories of ſee Grimſt. Abas Vſper genſis, Nauclerus, Rerum Germanicarum Scriptores, 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. Ludovicus Pius, Otho the great, Henry the 1, 2, 3, 4, 5, 6, 7. Lotharius, Fredericke Barbaroſſa, Phillip, Otho the fourth & fifth, Fredericke the 2, 7. Albert the 1, Ludovicus Bavarus, Sigiſmond, and other Emperours, who were much affronted, perſecuted, warred againſt, and ſome of them unjuſtly depoſed and murthered by their Subjects, Sons, and the Princes electors, through the Popes procurement; I ſhall pitch only upon ſuch preſidents as are pertinent to my purpoſeGrinſt Imp. Hiſt p, 104, Munſt. coſmog. l. 3, p. • 4. Hermolds Chron. Slauorum l. 1, • . 7. Iean Creſſin La ſtate de Le 〈◊〉 p. 263. Charles the third ſurnamed the fat, though he came to the Empire by diſcent, yet the Princes, Dukes, and Governers of the Provinces of Germany, and France, ſeeing his great inſufficiency, and unaptneſſe to governe (he being growne a very foole and having lost his underſtanding) did thereupon deprive him of his Empire, and other Kingdomes; and elected and crowned Arnolph Emperour in his stead: He being thus degraded both of Realme, Empire, and forſaken of all the world, not having ſo much as an houſe wherein to ſhroud himſelfe, retired into a poore village of Suabe, where he lived ſome few dayes in excream miſery, and penury, and ſoone after dyed; not lamented nor pitied of any man: Which depoſition of his, I have formerly proved lawfull; though his ſubſequent ill uſage was no doubt diſhonourable, and unjuſt. So the EmperourMunſt Coſ. l, • . p, • 15, 416 404 Grimſt. Im. Hiſt. p, 576. 581, 582. Iean Criſp. Le state de Le g • ſe. p, 465. Wenceſlaus was depoſed by the Princes Electors of the Empire, for his inſufficiency to governe, and the little care he tooke to ſuppreſſe and pacifie the civill warres and diſſentions in the Empire, giving himſelfe over to vaine pleaſures and delights, which made his government dangerous, and unprofitable for the Empire, and Chriſtian common wealth; and Rupert made Emperour by them in his room. After this, about the end of Grimſt. Imp. Hiſt p, 736. 737. Rodulph the ſecond his imperiall raigne, the Electors called a Dyet at Nurenberg, from whence they ſent ambaſſadors to the Emperour to acquaint him with the State of the Empire; who told him, that the Electors required above all things a reformation of justice: That he ſhould make choice of more faithfull officers and Councellors then formerly he had done: That a generall Dyet might be called the ſpring following: That the reaſon of the bad government of the common weale was, for that his Majeſty did not impart the important affaires of the Empire unto them, as his Predeceſſours had done &c. Whereupon he appointed a generall Dyet to redreſſe theſe diſorders; but dying before the day, according to the golden Bull made in the yeare 1356 the Elector Palatine, and he of Saxon, were appointed Vicars, Governours, and Adminiſtrators of the Empire untill there were a King of Romans choſen to be Emperour. After which they Elected Mathias, who as Emperour and King of the RomansMunſt. Coſ. l. 2. c. 64, p, • 03, l, 3, p. 410, to 418. Grimston. p, 737. 738. had not any City or Towne within the Empire, the whole Territory of Germany belonging to the Electors, Biſhops, Abbots, Princes, Earles, Noblemen, and free 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 inConſm. l. 3. p, 382, to 418. Munſter, andImp. Hiſt. from Charles the great to the end. Grimſton: By all which, and other particulars, which for brevity I ſhall omit, it is moſt evident, that the Supream 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 preſcribed them conditionall Oaths at their Coronations, and to whom they were ſtill accountable for their actions and miſgovernment, ThisCommon wealth, l, 2. c. 5. p. 221. 222, 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 principallmen: 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. Bodin Com. l. 1, c, 10, p. 157, &c. And ſo properly ancient Romans ſaid: Cicero Oratio pro Rabirio, Perd. reo. Imperium 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 conſult, 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 whichOf the difference between Chriſtian ſubjection, &c. part. 3. p. 513. to 521. 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 repell and depoſe him as a tyrant, and ſet another in his place, by the right and freedome of their Countrey. AndCatalogue Gloriae Mundi. pars. 5. Conſid. 29. p. 246. 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 being an unqueſtionable verity; diſproves that palpable common miſtake ofReſolving of Conſcience ſect. 1. 2. 3, A Revindication printed at Cambridge, 1643. and other late pamphlets. 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 Senate 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 upon which all their late Sermons, Books, and rayling Diſcourſes againſt this Parliaments proceedings and taking up of defenſive armes are built; when as in truth, the Senate & 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 premiſes 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 higheſt power and above their Emperours, though ever reputed of Caſſanaeus Catalog. Gloriae Mundi pars. 5. conſid. 27. & Iacobus Valdeſius de Dignitate Regum Regnorum que Hiſpaniae paſſim greater power, Soveraignty 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 exorbitant 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, the22, E. 3. 3. Error, 8. Fitzherbert Petition. The petition of Right 3. Caroli. See Aſhes Tables Annuity: 2. Amerciament. 8. entr, Congeable 84. Entruſion 1, Petition and Traverſe des Offices throughout & Habeas corpus Hieron. Blanca. Aragon. Rerum Comment. p. 188. 589. 590. 724. 747. to 761. Law gives every one a particular remedy againſt them by way of Action, 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 have Prov. 24 23 Rom. 2. 11. 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 calledPſa. 82. 1, 2. Exod. 22. 8. Ioh. 10. 34, 35. Gods, the higher powers and ſaid to be Rom. 13. 1, 2 3, 4, 5. Tit. 3. 1. 1 Tim. 2. 2. • rdained, to rule Prov. 8. 15. Deut. 1. 17. 2 Chr. 19. 6, 7. judge by and for God, as well, as Kings and Emperours. It is branded as a ſpice ofB. Iewels veiw of a ſeditious Bull. Dr. Crackenthorp of the Popes temporall monarchy 〈◊〉 2, 3, 4, 5. Caſſanaeus Catalogus gloriae mun di pars 5. conſ 7. Antichristian pride in Popes and their Paraſites, to deem themſelves ſo High above other men, that they are accountable to none but God for their wicked actions, though many Popes in former and later times, have beenSee Balaeus de vitis Pontificum. Morneys Misterium, and • ere, part. 1. queſtioned, conſured, impriſoned and depoſed both by Emperours, 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 Popiſh erronious opinion, that they are in no caſe reſponſible to their whole Kingdomes or Parliaments for their groſſeſt exorbitances? OurBp. Iewels veiw of a ſeditious Bull. Matt. Paris and Speed, in King Iohus life: Bp. Bilſons true Zifere • ce, &c. part. 3, p. • 09, 10 526. Saxo grammatticus Hiſt. Daniael, 11. p. 189, 190. Popiſh Prelates and Clergy generally heretofore, and ſome of our ProteſtantBp. Bridges his ſupremacy of Chriſtain Princes. p. 1034. 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 ſpirituall Law and ſword, as ſundry Emperours and Kings have been; then why not likewiſe 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 Nations 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 MonarchsOratio pr • Deiorato Rege. p 629. 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 auditum: yet long before that, Zedechiah King of Iudah, rebelling againſt the King of Babylon, was brought priſoner to the King of Babylon to Riblah, where hee gave judgement upon him ſlew both his ſonnes and Princes before his eyes, and then put out his own eyes, bound him with fetters of braſſe, and carried him priſoner to Babylon, where hee died. 2 Kings 25. 1. to 8. Ier. 52. 1. to 12. And after Detoratus Ioſephus Antiqu. Iudaeorum, l, 15, c, 1. Alexander ab Alexandro. Gen. Dierum l. 3. c, 5, f. 126. Antigonus King of the Iewes, being taken priſoner by Antonius, for moving ſedition againſt the Roman State, was beheaded with an axe at Antioch, without any legall triall, to prevent further ſeditions, which never befell any King before that time, writes Alexander ab Alexandro; AndAlexander ab Alexandro abid Strabo Geogr. l, 8, p. 712, 713. Agrippa, not long after, put Bogus King of the Mores to death, for ſiding with Antonius. Of later times, I read thatGrimſtons Imperiall hiſtory, p, 389. 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: SoMunſters Geogr. l, 2, c, 76, 〈◊〉 16. Gen: hist, of France. p. 3 • . Charles of France taking Conradine King of Sicily priſoner, publikely arraigned and condemned him of high Treaſon, and cut off his head, Anno 1208. Yea, our owneMatth. Par. Hiſt. Angl. p. 273, 274, 275. Gen. hiſt. of France. p. 119. 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: SoSpeed, p. 653, 654 Hect. Boetius, l, 14. Walſing, Holinſ. Fabian, Graſt. and others. Iohn Bailiol king of Scotland, renouncing his homage for that Crowne, to king Edward the firſt, was for this offence compelled to reſigne his Crown with all his right to the kingdome of Scotland, to King Edward the firſt, and ſent Priſoner to the Tower of London: andSpeed, 1156. 1196. Cambd, Eſiz. Holinſh. Stow, Martin, Buchanon. Mary Queene of Scots, within many mens memories, after long debate in Parliament, was condemned and beheaded at Fothringhom Castle, Febr. 8. An. 1587. for laying claime to the Crowne of England, and other particulars mentioned in our Hiſtorians. And thus much for the Roman, Grecian, German Emperours, kings and kingdomes.

I ſhall now give you a briefe Survey of what Greeke Authors write concerning Kings and Kingdoms; and of the power, the kinds of ancient Kings and Kingdomes, in Greece and other places. That great Father of Learning and policie Ariſtotle, (Tutor to the greateſt Emperour Alexander the Great) whoſe Authority is irrefragable in our Schooles; reſolves: Polit, l. 3. c. 10. p. 209. 210. and l. 5. c. 10. p. 367. That true Kingdoms were erected at firſt and conferred on the worthieſt men by the free voluntary joynt conſent of the people, and founded, confirmed by the cuſtomes and Lawes of each country, (which Hiſt. l. 6. p. 621. &c. Polibius alſo affirmes) Polit. l. 3. c. 10. 11. and l. 5. c. 10, 11. That there are 4 ſeverall ſorts of Kings, ſome of greater, ſome of leſſer Authority and continuance then others: ſome elective, ſome ſucceſſive, ſome during life, ſome Annuall, all of them receiving their diſtinct juriſdictions, Formes, Limitations, and different Royalties, from the peoples primitive or ſubſequent inſtitutions and conſents. For all men being equall by the Law of nature, can have no dominion nor Supercrity one over another, but by their own voluntary conſents. That thePolit. l. 3. c. 7. 10, 11, 12. 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.Polit. l. 3. c. 10. p. 19 • . 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.Polit. l. 3. c. 11. p. 217, 218. That the people ought to be of more power then the King or greateſt Magiſtrates, to prevent their Tyranny and Oppreſſion; and that a King ought to governe by his Lawes, and not to doe any thing againſt them, according to his luſt; wherefore he ought to have ſo much power and force wherewith he may protect the authority of the Lawes: yea he muſt neceſſarily have forces and power, yet ſo much onely, as thereby he may be able to curbe every particular man, or many alſo: yet not ſo great power but that, a populo autem univerſo idem REX ILLE IPSE COERCERI POTEST, the very King himſelfe may yet BE CVRBED by all the people: ſuch Guards verily the Ancients gave to their Kings when they would ſet any Tyrant or Governour over the City: And when Dionyſius required Guards, a certaine Syracuſan perſwaded them to curbe ſuch Guards: to which Hiſt. l. 6. p. 521. Polybius alſo ſuffragates. According to theſe Rules of Ariſtotle, I read in Antiq. Rom. l. 2. ſect. 2. p. 133. Dionyſius Halicarnaſſaeus, and Hist. l. 6 p. 525, 526. Polybius, that in the Lacedemonian Commonwealth, the Kings had not the chiefe Dominion, ſo as they might doe what they pleaſed, ſed ſumma totius Reipub. adminiſtratio penes Senatum erat: but the chiefe Government of the whole Commonweale was in the Senate, from whence the Romanes tooke their patterne.Genial Dierum. 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. Alexander ab Alexandro, Boemus, and Xenophon write, That the Lacedemonians ſometimes elected a King out of the Family of the Heraclidae, or of Agis, but more often two joynt Kings of equall Authority out of the ſtock of Proclus and Aemiſthenes, who yet had not the chiefe Command as Kings, Quia juris omnis publici poteſtas penes Senatum erat, becauſe the power of all publike law or rule was in the Senate (the better to keep their Kings from attempting and uſurping a Tyranny; they being Kings rather in name then Dominion, and like the Athaean two Annuall Praetors; whence Pol. l. 3. c. 11. Ariſtotle makes them, the loweſt ranke of Kings.Commonw. l. 2 c 5. p. 221. 222. 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 andRegi in exercitu nihil reſtat negotii, quàm ut rerum divinarum reſpectu ſit Sacerdos, humanarum vero Imperator, Xenophon Lacede. Reſp. • 89. 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: Plutar. Apotheg. p. 468. 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. Finally Polit. l. 5. c. 11. p. 369. Ariſtotle himſelf, and De Ageſil. Reg p. 651. Xenophon informe us; that the Kingdom of the Lacedemonians flouriſhed very long, yea longer then any other forme of Government, becauſe 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 beginning: 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 Magiſtracie 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 Children 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, writes Xeno. de Lacedem. Repub. p. 690. Xenophon, were not much better then thoſe of private men; Etenim, neque Regibus animos 〈◊〉 Tyrannicos voluit, Lycurgus, neque civibus eorum poteſtatem inviſam reddere, tooke an Xeno. de Lacedem. Repub. p. 690. Oath every month, to governe the Kingdome according to the Lawes enacted. I finde that the Alexan. ab Alex. l 3. c. 5. f, 126. Calius Rhodig, Antiq. Lect. l. 7. c. 10. 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 before 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 againſt Plutarch de virtutibus mulierum, p, 544, 545. Ariſtodomus their king, (who tyrannized over them) by Zenocrita her instigation, ſlew him and ſo recovered their Liberties. The Alex ab Alex, l, • . c, 3, f, 117. 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. In Strabo Geog l. 17. p. 6 • 9. Alex, ab Alex. l. 3. c. 3. Diodorus Siculus Bibl. hiſt. l. 3. c 6. p. 140, 141. Meroe, where they elected their kings by their beauty, ſtregth or wealth; their Prieſts had the chiefe power; who had ſo great authority, 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 Alex. ab Ale. l. 3. c. 5 f 123. Diod. Sic. Bibl. hiſt. l. 3. p. 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. The Strabo Geogr. 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. Indians will not permit their king to ſleep in the day time, and if he be drunken at any time if any woman (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 by Hiſt. Daniciae, l. 8. p. 40. Saxo Grammaticus, that the aſſaſſinate of evill Kings ſhould ſucceed them in their kingdomes; a thing frequently practiſed in many kingdomes and Empires, though very ill enacted in any. The Alex. ab Ale. l. 4. c. 23, f 239. Sabaeans confined their Kings to their Palaces, and uſed to ſtone them if they went forth of their bounds. The Alex ab Ale. l. 3, c. 11. Moſſeriaes whoſe kings were elective, uſed to puniſh them, when they offended, by keeping them faſting a whole dayes ſpace. Among ſome of the Munſt. Coſ. l. 5. c. 137. p. 1248. 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 instituto, by the inſtitution of the Nation; the reaſon is, becauſe their Priests uſed to defloure the Queene, whoſe iſſue is held to be illegitimate. In Munſt. Coſ. l. 4. c. 53. p. 1089 Boe. de Morib. Gentium. l 3. p, 209, 210. Thraciae, the people elect a king who is well qualified, mercifull, grave for his age, and one who hath no children: 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. The Alex. ab Ale. l. 4. c. 23. f. 239. Taprobani had this cuſtome, that no man who had any children ſhould be choſen king, leſt he ſhould claime the kingdome as hereditary, and make it ſo. The Gen. Dier. l. 4. c. 23. & l. 3. c. 11. Athenians, Ionians, Mileſians, Marchomanni Quadi, Perſians, Sicilians, Corinthians, Parthians, Meroes, Gordii, Medes, Paphii, Cathians, Aetheopians, Sydonians, Germans, Swedes, Danes, and other Nations had ſeverall Cuſtomes, Lawes, Rules, (over-tedious to recite) by which they elected and inaugurated their kings (of which you may read in Alexander ab Alexandro.Geog. lib. Strabo, De Moribus Gentium. Boemus,Ind. Hist. Peter Martyr,Pilgrimage and Voyages, Merula, Munſt. Gotard. Mercator, Nov. Orbis. 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 ancientDiod. Sicul. Bibl. hist. l 3. c. 5. p. 140. Boem. de moribus Gent. l. • . c. • . p. 27. Forteſ de Laud. Leg. Ang, c. 12. Aethiopiant elected the most fanatique Prieſt for their king, whom though they adored and honoured 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. The • oem. demor. Gent. l. 3. c, 12. p. 341. old German kings had no free nor infinite, but a reſtrained and bounded power by the Lawes.Bibl. Hist. l. 1. ſect. 70. p. 61, 62, 63. Boem. De Mor Gent. l 1. c. 5. p. 37, 38. Forteſ. c. 12. 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 actions, 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 bleſſed life. For other men raſhly giuing indulgence to the affections of nature, acted many things accompanied with loſſes and dangers; yea ſome men ofttimes although they foreknew they ſhould ſinne, did notwithſtanding perpetrate evill things, being led away with love or hatred, or ſome other perturbation of minde; but they, imbracing the rule of life approved by the moſt prudent men, reſolved not to erre from their duty in the least degree. Whiles Kings uſed this Iustice towards their Subjects, they had their Subjects bound unto them in greater benevolence and love then their very kindred; For not only the Colledge of Prieſts, but the whole Nation of the Aegyptians, and likewiſe every one of them were not ſo carefull of their wives and children and private goods, as of the ſafety of their Kings: Wherefore they preſerved the eſtate of the Republike intire for a long time under the mentioned kings, ſpending their life in greateſt felicity, as long as this conſtitution of Lawes flouriſhed. And when theſe kings dyed, all the Aegyptians generally mourned for them in an extraordinary manner divers wayes, made ſolemne Orations in their praiſe, buried them with great pompe and ſolemnity, and erected Pyramides to their eternall honour; all which funerall pompous ſolemnities many ill kings wanted after their deaths, ob plebis refragationem, becauſe the people gain-ſayed it, (who together with the Prieſts and Senates, who were ever preſent with the kings to aſſist, counſell, and direct them, were ſuperiour to their kings, ſince they could thus decree or deny them theſe funerall honours) which made many of their following kings to addict themſelves to juſt actions too, for feare of contumelious handling and ſempiternall ignominy after their deceaſe. So this Author. To which I ſhall adde Memorabilium, l. 4 p 813. De Laced. Repu. p. 690, 691. 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 Hiſt, l. 6. p. 118, to 126. Polybius, That Kings in ancient times did give themſelves wholly to doe that which was honeſt and juſt, and to ſuppreſſe the contrary; the very beginning of all true kingdomes, and the end for which kings were firſt inſtituted by the people. Whiles they thus demeaned themſelves, they were ſubject to no envy, becauſe they differed not much from others, neither in apparell, nor in meat and drinke, but obſerved a converſation of life conformable to other men, and lived perpetually like to others. But afterwards, when thoſe who obtained the principality of ſucceſſion, and the prerogative of their blood had thoſe things already provided, which made them able to ſecure themſelves, and to ſupport their ſtate, following their luſts by reaſon of their abundance, they then thought, it belonged to Princes to be better clad then ſubjects, to exceed them in costlineſſe and variety of meats, and to uſe venery with whom they pleaſed: Hence envy and offence was begotten, and implacable hatred and anger kindled, and a kingdome by this meanes changed into a Tyranny: Hence men moſt generous and magnanimous bold ſpirits unable to beare ſuch affronts and inſolences of Princes, ſeditiouſly conſpire againſt them; and the people having got ſuch Captaines to make reſiſtance, joyne with them for the foreſaid cauſes, that the Princes may be repreſſed. And thus the forme of a Kingdome and Monarchy is utterly taken away by the roots, and the beginning of an Ariſtocracy again laid, the people refuſing to ſet any more a King over them, yet not daring to commit the Republike to many, fearing as yet the iujuſtice of Superiours, and therefore moſt eſteeme equality and liberty; So that the Soveraigne power of ſetling, of changing the Kingdome and forme of government reſides principally in the people, who (as hee there largely proves by the Lacedemonian and Roman ſtate) ought to enjoy the Supreame authority, and to be above their Kings; as it ſeems the Aegyptian did, Munst. Coſmog. l. 6. c. 15. p. l. 298 1299 who depoſed and expelled Evergetes their King, for his cruelty, and after him their King Ptolomaeus Auletes, ſetting up Cleopatra his eldeſt child in his Threne; and as the Romane Senate did, Bodin Commonw. l. • . c. 1. p. • 73. who had power to diſpoſe of the common Treaſury and revenue (one of the greateſt points of Soveraignty) to appoint Lieutenants and Governours of Provinces, to grant Triumphes, to diſpoſe of Religion: (for which cauſeApolog. adv. Gentes. Fertullian ſaith, that never any God was received in Rome without the decree of the Senate,)See Livy Paſſim. and to receive, anſwer, and diſmiſſe the Ambaſſadours of Kings and Nations, which none elſe did but the Senate; whoſe Soveraigne power was ſuch, that Tiberius the Emperour in the beginning of his Reigne called the Senators (aſſembled altogether in the Senate) Indulgentiſſimos DOMINOS, his moſt loving LORDS, (and moved the Senate, to divide the Empire, & not to commit it all to one man, as we read in Annalium • . 1. Commonw. l. 3. c. 1. p. 2 • 6. Tacitus) though they were his Subjects and inferiours when divided and ſeverally conſidered: And ſuch Soveraigne power had the Panaetolium or generall aſſembly of Parliament among the Aetolians, who received and anſwered all Embaſſadours, determined all affaires of warre and peace, it being provided by the Lawes of the Aetolians, that nothing ſhould be intreated of concerning peace or war, but in their Panaetolium or Pelaicon Councell, as Hiſt. Rom l. 31. & 35. Livy and Commonw. l. 3. c. 1. p. 261. Bodin record.

But to leave theſe ancient, and come neerer our preſent neighbor Kings and Kingdomes of greateſt eminencie and power, which may parallell our owne; The Kings of France (to whomPars 5. conſid. 29, 30, 31. p. 243. &c. 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, thoughCaſſan. Ibid. & Bodin Commonw. l. 2. c. 5. l. 1. c. 10. l. 3. c. 1. ſome cry them up for abſoluts Monarchs, and make them little better then Tyrants now.

Commonw. l. 2. c. 1. p. 222. Iohn Bodin, a learned French Lawyer and Stateſman, writes, That in ancient times the Kings of the Cities of the Gaules were ſubject to their States; whom Caeſar for this cauſe oftentimes calleth Reguli, little Kings, being themſelves ſubjects and juſtifiable to the Nobility, who had all the Soveraignty, cauſing them even to be put to death if they had ſo deſerved: And that is it for which Amphiorix the Captaine Generall, whom they called the King of the Lingeois ſaid, Our commands are ſuch, as that the people hath no leſſe power over us, then we over the people: Wherein he ſhewed evidently, that he was no ſoveraigne Prince; howbeit, that it was not poſſible for him to have equall power with the people, as we have before ſhewed: Wherefore theſe ſort of Princes, if they, polluted with wickedneſſe and villany, cannot be chastiſed by the Authority and ſeverity of the Magiſtrate, but ſhall abuſe their wealth and power unto the hurt and deſtruction of good men, IT ALWAYES HATH AND SHALL BE LAWFVLL not for ſtrangers onely, but even for the ſubjects themſelves alſo, to take them out of the way: But if the Prince be an abſolute Soveraigne, as are the true Monarchs of France, &c. where the Kings themſelves have the ſoveraignty without all doubt or queſtion not divided with their ſubjects; in this caſe it is not lawfull for any one of their ſubjects in particular, or all of them in generall to attempt any thing, either by way of fact or juſtice againſt the honour, life, or dignity of the Soveraigne, albeit hee had committed all the wickedneſſe, impiety, and cruelty that could be ſpoken: ſo Bodin, By whoſe words it is cleare, that the ancient kings of France were inferiour in Juriſdiction to their whole kingdomes and Parliaments, yea cenſurable by them to depoſition or death: Yet that their kings of late are growne abſolute Monarchs above their kingdomes, Nobles, Parliaments, and ſo not reſponſible to, nor puniſhable by them for the groſſeſt miſdemeanours: But if this their abſolute Monarchy be onely an uſurpation (as many conceive it,) not of right, by their Parliaments and kingdomes free grants and conſents, they are ſtill, in truth, of no greater Authority, nor no more exempted from iuſt cenſures, then their predeceſſours. Now it is clear, that in ancient times, 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. Paulus Aemylius, l. 1. Mercators Atlas, p. 254, 255. Bodin Commonw. l. 3. c. 1. the 3. Eſtates and great Councell of France aſſembled in Parliament, and their twelve Peeres (or kings as Fabian termes them) were the higheſt power and judicature, from which there was no appeale; that the Kings of France could make no binding Lawes but by their Authority (though now of late they doe what they pleaſe) and that they have judged the differences between the Crownes of England and France (as I have formerly proved) and exerciſed the ſame, or as great authority as the Parliament of England hath done, which authority it hath loſt by certaine degrees. To give a few more inſtances to cleare this truth.

Paulus Aemyl l. 1. Gaguinus and the generall Hiſtory of France in his life, Iean Criſpin Leſtate de Legliſe p. 144. Fabian, par. 5. c. 75. p. 66. Munſters Coſmog. l. 2. c. 41. Pharamond, the firſt King of the Franks, that Reigned in France, An. 420. was elected King by the unanimous vote and conſent of all the people: and by their advice and conſent, in his Raign, the Salique Law was made to Regulate the diſcent of the Crowne, that no women ſhould be heires to it, or claime it by diſcent; which Law continues of force untill this day, as all the French hiſtorians generally accord, who make frequent mention of it; though our Engliſh have much oppugned it, as you may read in 2. H. 5. f. 35. &c. Hall and Hiſt. p. 685. 687, 786. 787. &c. Speed.Fabian. pa. 1. c. 86. Gagui. Emyl. the Generall Hist. of France, Creſpin, Munſt. and others in his life Childericus the fourth King of France about the yeare 460. giving himſelfe to all vice and cruelty in ſuch extreame wiſe, that hee became obible to his ſubjects, perceiving the murmur of the people, and fearing his ſudden deſtruction, by the counſell of Guynemeus, fled out of his kingdome to Beſeigne king of Thuringes. Whereupon the French-men with one aſſent, choſe Gyll a Roman, for their King and governour: who laying grieveous Taxes upon his Subjects by the fraudulent counſel of Guynemeus (a faſt friend to Childericus) and uſing ſharp, execution upon ſome of the Nobles, ſo farre diſcontented his ſubjects that by the helpe of Guynemeus, they depoſed and chaſed him into Soyſons; and ſending for Childerious againe, reſtored and made him King: after whoſe death his ſonne Clodovius, was by the people ordained and authoriſed for King of France: between whoſe foure ſonnes it was afterwards divided Fabian, pa. 5. c. 122. 126. Gaguyn. Emyl. the Gen. hiſt. of France. After the death of Chilpericus, Clotharius being very young, Gunthranus king of Orleans (his uncle) with the aſſent of the Nobles of the Realme, was made his Tutor: who comming to age, hee offered to referre the differences between Sigebert and himſelfe touching Auſtracy, (to which both laid claime) to an Aſſembly of the Lords of that Kingdome: and condemned Queen Brunicheild by the unanimous conſent of the Lords, to bee tyed by the haire of her head to a wilde horſe taile, and ſo to be drawed while ſhee was dead; for her many murthers and criminous deeds; which was accordingly executed. Fabian. part. • c. 132. Gaguinus, Paulus Aemilius, Creſpin, the generall Hiſt. of France. King Dagobert exerciſed ſuch tyranny and iniuſtice in pillaging his commons by Exactions and Tributes, that thoſe who dwelled in the out parts of the Realme neere the Turkes, and other ſtrange Nations, choſe rather to put themſelves under their government, than under the Rule of their owne naturall prince: Poytiers rebelled againſt him, his Lords murmured ſo much againſt him, that Pipin and Martain (two of his great Lords and agents) to ſave his Crown, diſſuaded him from his ill counſells: whence a little before his death, calling a great counſell of his Lords Spirituall and Temporall, hee made his will, and ſetled his Kingdome by their advice; dividing it between his two ſonnes. Fabian. part. 5. c. 138, 139, 140. Gaguinus. Aemylius. Creſpin, the generall Hiſtory of France, in his life, and the life of Childericus. Theodoricus king of France, giving himſelf to ſloath and idleneſſe, committed the government of the Realme to Ebroyn Mr. of his Palace, who did what he liked, and vexed and troubled the Subjects grievouſly; wherefore by aſſent, the Lords aſſembled them, and by authority deprived the King of all Dignity, and cloſed him in a Monaſtery during the reſidue of his life, when he had borne the name of a King without executing of the art thereunto belonging, three yeares: the cruell Ebroyn they exiled to Luxenbourgh during life; making Childericus brother to Thesdericus King, Ann. 669. who oppreſſing his ſubjects grievouſly, and uſing the Lawes of his progenitors after his pleaſure, and uniuſtly cauſing a Noble-man called Belin to bee tyed to a ſtake and beaten to death, without guilt or Treaſpaſſe Hereupon the Lords and Commons, fearing like puniſhment without deſerving, murmured and conſpired againſt him, and ſlew him and his wife (then great with Childe) as they were hunting in a wood: After which they reſtored Theodericus (whom they had depoſed) to his former dignity; under whom Ebroyn getting into place and favour againe, uſed ſuch Tyrannie towards the Nobles and People, that Pipin and Martaine raiſed a great army againſt him, leſt he ſhould deſtroy the Commom-weale, gave him battell, and at laſt Hermefreditus ſlew him: After which Pipin was made Maſter of the Palace in his place. Fabian. part. 5. c. 144. 145. Gaguinus, Aemylius, Creſpin, the generall Hiſt of France. K. Daegobert the ſecond dying without any Iſſue or knowne Heire at all, one Daniel (after named Chilpericke) a Prieſt, was by the Lords and peoples generall aſſent choſen King of France, Anno 721. for that by their former experience of him, they deemed him apt for the rule of the Land. After whoſe death, Theodoricus ſonne to Dagobert, (ſecretly foſtered among Nunnes within Nunneries in womans cloathing) was eſpied and admitted for King: During moſt of the forenamed Kings, the grand Maſter of the Palace ſwayed the Kingdome at his pleaſure, and executed the Office of the Kings, who had nothing but the bare name of Kings, and were ſubject to this grand Officer: Whereupon Theodoricus dying, Fabian. part. 5. c. 150, 153. generall Hiſt. of France, Gaguinus, Aemylius, Creſpin, Turpin, Chronicon, Chronicarum, Sabellicus, Opmeereus, in the life of Childericke and Pipin, Aventinus Annal. Poyor. l. 3. Antonini Chron. Tit. 14. nu. 1. ſect. 2. Munſt. Coſmog. l. 2. c. 41. 〈◊〉 . Iewels Reply, p. 341, 342, 343. Biſhop Bilſon of Chriſt. ſubiection &c. par. 3. p. 418 to 423. Blondus Decad. 1. l. 10. Nauclerus, vol. 3. gen. 26. Regino, l. 2. An. 722. Papyrius Maſſon, An. in Child. p. 83. 〈…〉 . Childericus his ſonne being a Sott, and for his dulneſſe unfit to governe, Charles Martell Maſter of the Palace, (who ſwayed all things in Theodoricus raigne) deceaſing, his two ſons Charlemaine and Pipin, by the advice of the Nobles of the Land, conſidering the inſufficiency of the King to rule ſo great a charge, divided the Land of France betweene them, ſo that either of them ſhould under the King Rule and Governe ſuch proportion as then there was to them appointed: Charlemayne ſoone after renounced his Government and turned Monke; and Pipin, as onely Ruler, tooke upon him the charge of the whole Realme. Pipin then conſidering in his minde in what danger and trouble before him, his Father, and he now had ruled the Land, and that the King to whom belonged all the charge, kept his Palaces, and followed all his delights and pleaſures, without taking any paine for reformation of the ſame; ſent an ambaſſage to Pope Zachary, (asking his advice in point of conſcience,) Whether it were more neceſſary or wealfull for the Realme of France, that he ſhould be admitted for King, that did nothing but apply his minde to all bodily pleaſures, without care and charge 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 ſubdued by his policie and manhood.Annal. Boiorum, l. 3. p. 299. Aventine relates his anſwer more largely, in theſe words; I finde (ſaith Zachary) in the Story of Divine Scripture, that the people fell away from their wretchleſſe and laſcivious king, that deſpiſed the counſell of the wiſe men of the Realme, and created a ſufficient man, one of themſelves, King; God himſelfe allowing their doings: All Power and Rule belongs to God, Princes are his Miniſters in their Kingdomes; And Rulers are therefore choſen for the people, that they ſhould follow the will of God, the chiefe Ruler in all thing, and not do what they liſt. He is a true King that guideth the people committed to his charge according to the Preſcript and Line of Gods Law; all that he hath, as power, glory, riches, favour and dignitie, HE RECEIVETH OF THE PEOPLE, and the people, MAY WHEN THE CAVSE REQVIRETH, FORSAKE THEIR KING. It is therefore LAVFVLL for the Franks and Germanes, refuſing this unkindly Monſter (Childericke) to chuſe ſome ſuch as ſhall be able in warre and peace, by his wiſdome to protect and keep in ſafetie their Wives, Children, Parents, Goods and Lives. Which anſwer of the Pope (recited and approved in our owne King Lambards Archaion. f. 130 Fox Acts & Mon. vol. 1. Edit. ult. p. 244. Edward the Confeſſors Lawes, and Childerickes depoſition likewiſe Chap. 17.) being declared to the Lords, Barons, and Commons of the Realme (whom this Pope likewiſe wholly abſolved from their allegiance to Childericke) ſoone after, they of one aſſent and minde, proceeded, and depoſed, and put downe their King and Governour, Childericke Antonini Chron. Tit. 14. 14. n. 1. ſect. 2. f. 102. Blendus Decad. 1. l. 10. Sabellicus Enead. 8. l. 8. Gaguinus l. 3. in Car. Martel. Nauclerus vol. 3 gen. 26. Gratian. Cauſ. 15. qu. 6. Platina in Zach. 1. Friſin. l. 5. c. 22. Fabian, part. 5 •• . c. 132. p, 141. Amonius de geſt. Franc. p. 403. being a Sott, a foole, a beaſt, and one unfit to governe, and cloſed him in a Monaſtery, after he had reigned ten yeares in the Kings room, by name onely; which done, they unanimouſly elected and crowned Pipin for their King: By meanes whereof the Royall Line of Moroveus after 17 diſcents ended, and the Crown was tranſlated to Pipins blood. Which act in point of policie, is determined lawfull by Hiſt. l. 6. p. 521. Polybius, who Writes, That the reaſon why ſome Kingdomes became hereditary, was onely this, becauſe their firſt Kings being vertuous and worthy men, they were perſwaded their Children would prove like them; but if at any time they degenerat, and prove otherwiſe, and the Though that of Plinius ſecundus, Panegyr. Traiano dictus, p. 8. be true, Quod aequiore animo ferunt homines quem Princeps parum faliciter genuit quàm quem malè elegit. poſteritie of the firſt Kings diſpleaſe the ſubjects, they thenceforth make the Kingdome elective; chuſing Kings, not according to their ſtrength of body and mindes attempting great things, but according to the difference of their will and reaſon manifeſted by their actions: And by Part. l 5. • , • 0. Ariſtotle, who informes us, That in Kingdomes confirmed in ſucceſſion of blood, this is to be numbred among the cauſes of their ruine, that the Kingdomes deſcend to many contemptible and ſlothfull perſons, who although they obtaine no tyrannicall but Royall dignitie, yet they live luſtfully and proudly; and ſo the Kingdome eaſily falls to ground, and becomes a tyrannie, the people being unwilling that ſuch ſhould rule over them; and ſo either wholly alter the forme of government, or make choice of a fitter King for the neceſſary preſervation of the State; yea this election in point of Police and Divinity too, is juſtified and proved lawfull by Buchanan, in his Book de Iure Regni apud Scotos; by Iohn Mariana, de Rege & Regis Inſtit. l. 1. c. 3, 5. by Pope Zachary in his forceited Epiſtle, by King Edward the Confeſſor in his Laws c. 17. by a generall Councell of all the Peers, and Prelates of France; Convocato enim Principum et Senatorum Concilio de COMMVNI SENSV ET VOLVNTATE OMNIVN Childericum ſolo nomine Regem à regni faſtigio deponunt, &c. ac OMNIBVS GAVDENTIBVS ET VOLENTIBVS, Pipinum ſuper Francos REGNARE FACIVNT; writes Chron. tit. 14. c. 1. ſect. 2. f. 103. Antoninus: and in a word, our Biſhop Of Chriſtian ſubiection, par 3. p. 420. 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.

PipinFab. par. 6. c. 154. Gaguin the Gen. Hiſt. of France. deceaſing, Charlemain and Charles the great, his ſons, reigned joyntly over the Frenchmen, by their • oyous admittance. Having now two Kings inſtead of one Fab. par. 6. c. 2 • 4. Grimſt. Imper. Hiſt. p. 390, 391. Gaguin The Gen. hiſt of France, Turpin Antoninus, Munſt. Creſpin, Papyr. Maſſon, and others. Lewes, ſirnamed the godly, ſonne of Charles the great, (a pious, yet unfortunate Prince) by meanes of his ſonne Lothair, was firſt impriſoned, and then by a Councell and Parliament held at Compaygne, by authority of the ſpirituall and temporall Lords, and of that Parliament, diſcharged of all rule and dominion, as well of the Empire, as of the Realme of France; after that ſhorne a Monke, and thruſt into the Monaſtery of Saint Marke, where he was ſtrictly guarded; and when ſome of the Nobles and people afterwards deſired Lothair to releaſe and reſtore him to his former dignity; he anſwered them: That the depoſing of him was done by the whole Authority of the Land; wherefore if he ſhould be againe reſtored, it muſt be by the ſame Authority, and not by him onely: After which by the Lords aſſents hee was restored.

Fab. par. 6. c. 175. Gaguin. Gen. hiſt of France. Lewes and Charles, after Lewes Balbus their fathers death, were joynt Kings of France, and being very young, by a Parliament held at Meaux, Lewes the Emperour, their 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 illegitimate. Whereupon, by the greater number of voyces an Ambaſſadour was ſent to the Emperour, to come and take upon him the Rule of middle France, which he comming to doe, his Nephewes friends compounded with him, and then cauſed theſe Infants to be crowned and proclaimed Kings.

Fab. par. 6. c. 175. Gaguin. Gen. hiſt. of France, Herma-Schedel, Criſpin and others. Charles the ſimple, at his Fathers death, Anno 895. being too yong to take upon him the charge of the Realme, the Lords of France put him under good and convenient guiding, and of aſſent they choſe Eudo, a man of great fame and worth, to be King of the Land, for the terme of his life, and to guide the Land, till Charles ſhould come to his lawfull age, whom they put under Eudo his tuition, making him King in his ſtead, who was crowned of Walter then Archbiſhop of Senys. After which when Eudo knew he ſhould dye, he called before him the Lords and Nobles of France, charging them by ſolemne Oath, that after his death they ſhould immediately crowne Charles for their King (whom he had brought up with diligence in learning and all Princely vertues) being then of age to governe. Charles comming to the Crowne, the Danes miſerably walled his Kingdomes; Whereupon his Nobles and people aſſembled themſelves in ſundry companies, and went to the King, ſhewing their miſery and blaming his fearfulneſſe and negligence, that he no more for him reſisted the Danes cruelty; Whereupon (he out of feare belike, leſt they ſhould chuſe another King to protect them) compounded with Rollo chiefe Commander of the Danes, giving him all Normandy, and his owne Daughter in Marriage, to purchaſe peace;Fabian, p. 6. c. 82, 183, 186, 201. Gaguin. Turpin, General Hiſt of France Charles being afterwards ſlaine by Hebert Earl of Vermendoyes, Algina his wife miſtruſting the Frenchmen, fled ſecretly with her young ſonne Lewes (Heire to the Crowne) to Edward the Elder into England: Whereupon, that the Land might not be without a Ruler, the Lords of France aſſembled at Paris, and there tooke Councell to elect a new King; where, after long debate, they named and crowned Raulfe, ſonne to Richard Duke of Burgundy King, as next Heire to the Crown but young Lewes: Raulfe dying after he had reigned 12 yeares, the Nobles hearing that Lewes was alive in England, ſent for him into France and crowned him their King. Fab. par. 6. c. 201. 202. Gaguin. Turpin, Chron. Chron, Opmerus, Criſp. Gen. hiſt. Fran. Lewes the 6. dying without iſſue, being the laſt King of Pipens blood (who enjoyed the Crowne 10. diſcents) Hugh Capet uſurped the Crowne, putting by Charles Duke of Loraigne, Vncle and next heire to Lewes, whom by the Treaſon of the Biſhop of Laon, he took priſoner: After which the Crowne continued in this Hugh and his Heires. Fab pa. 7. c. 243, 244. Gaguin the. Gen. hiſt. of France. Turpin Theat. of honor, l. 2. c. 12. Philip the 2. of France, by a counſell of his Prelates was excommunicated for refuſing to take Ingebert his wife, whom he unlawfully put from him, and to renounce Mary whom he had married in her ſtead; And calling a Parliament, they concluded, that King Iohn of England ſhould be ſummoned to appeare as the French Kings Liege-man, at another Parliament to be holden at Paris within 15. dayes after Easter, to anſwer to ſuch queſtions as there ſhould be propoſed to him for the Dutchy of Normandy, and the County of Angeou and Poytiers; who not appearing at the day, Philip hereupon invaded and ſeized them: After which, Fab. pa. 7. An. 1259. p. 68. Lewes the 9. and Henry the 3. of England in a parliament at Paris, made a finall compoſition for theſe Lands.

Fab. pa. 7. p. 102, 103, &c. Gaguin. 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.Fab. pa. 7. p. 187, 188. the Gen. hiſt. of France. Philip the 4. in the 27. yeare of his Raigne, raiſed a great Taxe throughout France, (which before that time was never heard nor ſpoken of) by his abſolute Prerogative, without conſent of his Eſtates in Parliament, which had the ſole power of impoſing Taxes: Which Taxe all Normandy, Picardy and Champaigne allying themſelves together, utterly refuſed to pay: which other Countries hearing of, tooke the ſame opinion, ſo that a great rumour and murmur was raiſed throughout the Realme of France, in ſuch wayes, that the King for pacifying the people, was faine to repeale the ſaid Taxe.

Fab. pa. 7. p. 187. 188. Gaug. Gen. hiſt. of France. Lewes 11. of France dying without iſſue male, left his Queen great with child, whereupon Philip his Brother reigned as Regent of France, till the childe was borne, which proved a male, named Iohn: who dying ſoone after, Philip was crowned King at Paris, albeit, that the Duke of Burgoyn and others withſtood his Coronation, and would have preferred the Daughter of King Lewes. But other of the Lords and Nobles of France, would not agree, that a woman ſhould inherit ſo great a Kingdome, it being contrary to the Salique law: This Philip by adviſe of evill counſell ſet a great Taxe upon his Commons to the Fifth part of their movable goods, at which they murmured and grudged wondrous ſore, and before it was levied, hee fell into a 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.Bodin. Commonweal l. 3 c. 1. p 2 • 4. See the generall Hist. of France in his life. Charles the fifth of France, having a purpoſe to drive all the Engliſh cut of Aquitaine, and other parts of his Kingdome; and being provided of all things which he thought needfull for the doing of it, yet would not undertake the warre without the counſell and good liking of the Nobility and people, whoſe helpe he was to uſe therein: Wherefore he commanded them all to be aſſembled to a Parliament at Paris to have their advice, and by their wiſdome to amend what had by himſelfe not altogether ſo wiſely been done, and conſidered of. And this warre being at laſt decreed by the Councell, proſpered in his hand, and tooke good ſucceſſe. Whereas when the Subjects ſee things done, either without counſell, or contrary to the wills and decrees of the Senate or Councell, then they contemne and ſet them at naught, or elſe fearfully and negligently do the command of their Princes; of which contempt of Lawes, Magiſtrates, and ſeditious ſpeeches enſue among the people; and ſo at length moſt dangerous rebellion, or elſe open conſpiracy againſt the Prince, as Bodin obſerves. This 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. Charles dying without Iſſue Maie, leaving his Wife great with Childe, Philip Earle of Ʋaloyes, his Nephew, was by the Barons and Lords made Protector and Regent of the Realme of France, untill ſuch time as the Queene was delivered; who being brought to bed of a Daughter onely, hereupon Philip was crowned King. Betweene him and King Edward the third of England, and their Councells, aroſe great diſputations for the Right and Title to the Crowne of France; for it was thought, and ſtrongly argued by the Councell of England, for ſo much as King Edward was ſonne and ſole Heire to his Mother Queene Iſabel, daughter to King Philip le Beaw, that he ſhould rather be King of France, then Philip de Valoyes, that was but Couſin German to Philip le Beaw: Of which diſputations, the finall reſolution of the Lords and Parliament, was, That for an old Decree and Law by Authority of Parliament long before made, (which the Engliſh much oppugned) that no woman ſhould inherite the Crowne of France; therefore the Title of Edward by might of the Frenchmen, was put by; and Philip by an Act of the whole French State, (by which his right was acknowledged) admitted to the Government of the ſame. After 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.

KingFabian. part. 7. p. 280, to 298. Gaguinus, the generall Hiſt. of France, in the life of this Philip and King Iohn. Iohn of France, in the fifth year of his reigne, had by authority of the three eſtates of his Realme aſſembled in Parliament (to wit of the ſpirituall Lords and Nobles, and Heads of Cities and good Townes of his Kingdome) 3000 men waged for a yeare, granted to him to defend him and his Realme, againſt Edward the third King of England; who the next yeer following took King Iohn priſoner in the field: Whereupon Charles Duke of Normandy, his eldeſt ſonne, and Heire apparent, aſſembled the 3 Eſtates at Paris in a Parliament there held, craving aid of them to redeem their captivated King; who promiſed their uttermoſt help herein, deſiring convenient time to conſult thereof: Which granted, the three Eſtates holding their Councell at the Gray Fryers in Paris, appointed fifty perſons among them to take view, and make ſearch of the grievances and evill guidance of the Realme; who after examination appointed ſix of themſelves to acquaint the Duke, That the Realme before time had beene miſguided by ill Officers, and except remedy for it were ſhortly found, it ſhould ſtand in perill to be lost; wherefore they beſought him to diſcharge all ſuch as they would name unto him, and over that to forfeit their Goods to the Kings uſe. And firſt they name Peter Archbiſhop of Roan, Chancellor of France, Sir Simond de Bury, chiefe Counſellor of the King and Parliament too, Sir Robert de Lorize before time Chamberlaine to the King, Sir Nicholas Brake Maſter of the kings Palaces, Engueram Burgeſſe of Paris & under Treaſurer of France, Iohn Pryll Soveraigne of the money & King, accounts, and Iohn Channeon Treaſurer of the Kings wars. All which Officers they would ſhould be diſcharged all royall Offices for ever: Alſo they would that the King of Naverne (then impriſoned by the King of France) ſhould be ſet free, and that Duke Charles himſelfe would be contented to be adviſed and counſelled by ſuch as they ſhould appoint unto him; namely, by foure Prelates, twelve Knights, and twelve Burgeſſes, which eight and twenty perſons ſhould have authoritie to rule and ordaine all things neceſſary for the Realme, to ſet in and put out all Officers appertaining to the Realme, with divers other requeſts which unto the Duke were nothing agreeable: Vpon which requeſts the Duke gave anſwere, That he would counſult with his Councell, and thereupon would ſhape unto them ſome reaſonable anſwere. But firſt he deſired to know, what aide the three Eſtates would give unto him, for delivery of his Father: Whereunto was anſwered, that the Clergie had given a diſme and a halfe to be paid in a yeare, with that, that they may have licenſe of the Pope, and the Lords as much to be levied of their lands, and the Commons the tenth penny of their moveable goods. The morrow following the Duke and his Councell met, and after many Meſſages betweene them and the three Eſtates, offers to reforme ſome part of the Articles. But the Eſtates firmely anſwered, That unleſſe he would reforme all the ſaid faults, and confirme the ſaid Articles to their minde, for the Commonwealth of all the Land, they ſhould not aide him with their Goods, like as they ſhewed him. The Duke hereupon ſecretly acquainted King John of theſe proceedings, who wrote to him againe, that in no wiſe he ſhould agree to the ſaid requeſts, and to the end that theſe matters ſhould not be touched in open Parliament, he deferred the debate of them from day to day; and at laſt by advice of his Councell, diſſolved the Parliament of the three Eſtates, and commanded every man to returne home without any effect of their long counſell: Wherewith many of the ſaid perſons were grievouſly miſcontent, ſaying among themſelves, that they perceived well this was done by the Duke to the intent the requeſts by them deviſed, ſhould not take place, but that the old miſgovernance might continue like as before times it had done: Wherefore divers of them aſſembled againe at the Gray Fryers, and there made out divers Copies of the ſaid requeſts, to bear them into their Countries, and ſhew them unto the good Townes. And albeit the Duke after this Councell thus diſolved, asked ayde of the Citie of Paris, and other good Townes to maintaine his wars; he was plainly anſwered, Note this. That they might not ayde him, unleſſe the three Eſtates were againe reaſſembled, and that the grant of the ayde might paſſe by their authority: Whereunto the Duke in no wiſe would agree. In the mean time the 3 Eſtates of Languedock aſſembled in their Province by the Earl of Armenake, the Kings Lieutenant, to make ayde for the Kings deliverance, agreed to purvey at their proper coſts 500 men at Armes, with a furniture to every ſpeare, and a 1000 ſouldiers on horsbacke, 1000 Arbaleſtres, and 2000 others called Gunſiers: all which to be waged for a whole yeare; and farther ordained, that no man ſhould weare any furres of great price: that women ſhould leave the rich at tire off their heads, and weare neither pearle nor gold upon them, nor ſilver in their girdles; and that all manner of Minſtrelſie ſhould be put to ſilence, ſo long as the King remained priſoner. The Duke and his Counſell after this, proclaimed at Paris certaine coynes and values of money, newly ordained by them; with which Proclamation the Commons of the City were grievouſly • moved: And for reformation, the Provoſt of the Merchants with others, rode to the Earle of Angeou the Dukes Brother and Lieutenant, (who was then abſent at Meaux) requeſting him to ceaſe the uſe of that money; And if not they would uſe ſuch meanes, that it ſhould not be ſuffered to be put forth nor taken within the City. Whereupon after long debate it was agreed, that the money ſhould be ſtopped till the Dukes pleaſure was knowne: Vpon whoſe returne, the Dukes counſell ſent for the Provoſt, and deſired him to ſuffer the ſaid money to run and be currant throughout the ſaid City; Which, the Provoſt with his company utterly denyed: and after many great and bold words, departed from the Counſell in great ire, and after their returne unto the City, incenſed ſo the Commonalty, that they ſet apart all workmanſhip and Occupation, ſhutting in their Shops, and drew unto their Armour and Harnes. The Duke informed of this murmure of the Commonalty of the City, ſtraitly commanded the Provoſt, that the Kings peace were kept within the City; and that he with certaine Citizens ſhould appeare at the Palace before him and his Counſell the next day, at an houre aſſigned: at which time the Provoſt with his company came and were conveyed into the Parliament Chamber, where the Duke and his Counſell were preſent. Then the Duke after certaine Challenges made to the Provoſt for his obſtinacy and miſleading the Commonalty of the City, ſaid: That, albeit the King by his So it hath been conceived by ſome, the King by Law might do this in England but Sir Edward Cooke in his Inſtitutes on Magna Charta. f. 575. to 5 • 9. hath largely proved the contrary; that the King by his Prerogative and Proclamation cannot alter, enhanſe or abaſe his coyne, but in and by the Parliament onely, becauſe it is contrary to ſundry Statutes, it is the ſinues and life of trade, and every mans eſtate conſiſts in it, and ſo all have a common intereſt therein, which cannot be altered out by common conſent in Parliament. Prerogative, might at his pleaſure, and for his advantage, make his monies when he would, and ſo to ſuffer them to be currant thorow his Realme; yet for the weale and eaſe of his Subjects, conſidering their manifold and late charges, he was content, that at this ſeaſon, this new money ſhould be ſpared; and that the 3. eſtates ſhould be againe aſſembled, and that they ſhould deprive all ſuch perſons then bearing Offices as they ſhould thinke prejudiciall to the Realme, and • ver that, to ordaine ſuch Money as might be beneficiall for the Land: Of all which Grants the Provoſt, to the intent, that he might of authority ſhew them unto the Commonalty of the Citie, deſired a writing: The which the Duke to appeaſe the people, though it were much contrary to his minde and his pleaſure, granted unto his requeſt. The thirtieth day of Ianuary enſuing, the Duke, at the requeſt of the ſaid Provoſt, ſent certaine Officers to the houſes of Simon de Burg, and others accuſed of miſgoverning of the Realme, whoſe houſes the ſaid Officers ſeized and made Inventories of their goods: That done, the Duke ſent out Commiſſions, and aſſembled the Three Eſtates againe at Paris, the 15. day of February: Where, in the parliament chamber in the preſence of the Duke, Eſtates, and divers Nobles, Robert Coke Biſhop of Laon by command of the Duke, made a long Oration, of the miſguiding the King and the Land by meanes of evill Officers, as well by changing of money, as other many unlawfull Exciſes and Taxes, to the great impoveriſhment of the Commonalty of the Realme, and to the ſingular enriching and advancement of the ſaid Officers; Wherefore the Three Eſtates prayed, that all ſuch Officers may be removed from their Offices, and other that ſhall be thought more beneficiall for the King and his Realme to be admitted: Of which Officers the Archbiſhop of Roan (then newly made Cardinall) was noted for one, and other to the number of 21. whereof ſome were right neere to the Duke. After which Oration, Sir Iohn de Pigquine, in the name of the Three Eſtates offered, That the Three Estates ſhould finde to the King 30000. men for an whole yeare, ſo as all things might after that day be ordered as the Biſhop had before deviſed: All which Articles were unto them by the Duke granted, and incontinuently all ſuch Officers as they before had named were clearly avoided, and other ſuch, as by the ſaid 3. Eſtates were thought moſt neceſſary, were put and choſen to their roomes, except that ſome of the old (as Maſters of Accounts and ſome of the Preſidents and Maſters of the Requests) were holden in for a time, to ſhew unto the new, how they ſhould order and guide their ſaid Offices: And the 26 of March was a new money proclaimed thorow Paris, ſuch as the ſaid 3. Eſtates had newly deviſed. The King informed of this, ſends the Archbiſhop of Sennes and two Earles from Burdeaux where he was priſoner, with a Proclamation, which they cauſed to be proclaimed in Paris the 6. of April, That the people ſhould not pay ſuch Subſidies as the 3. Eſtates had ordained for the waging of the 30000. men aforeſaid, or for the Kings fine; and alſo that the 3. Eſtates after that day ſhould no more aſſemble for any cauſes or matter before touched, till they had farther knowledge of the Kings pleaſure: For which Proclamation the Citizens of Paris much blamed the ſaid Biſhop and Earles, who purchaſed it, who as ſoone as this Proclamation was made, for feare of the people, fled from Paris. 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 commanded a Watch to be kept in the City day and night, and certaine Gates of the City to bee kept ſhut. Vpon the 9. day of April, another Proclamation was made all contrary to that other. By vertue whereof, it was charged, that the fore-ſaid Subſidies ſhould bee levyed, and alſo that the 3. Estates ſhould re-aſſemble at Paris, the 5. day after Eaſter, and there to proceed upon all ſuch matters as were before by them begar. When the Eſtates meet againe there grew a difference between them and the Duke, about the ſubſidies for the finding of 30000. men, the ſumme aſſeſſed for that purpoſe being too ſmall by much, the Clergy and Lords then refuſing to pay any more then they were firſt ſeſſed unto: By meanes of which difference, the aſſembly of State was diſſolved. Whereupon ſtrait command was given by the Duke to the Provoſt of Paris and others (who bare principall ſway within the City, and were great ſtricklers and doers in the Aſſemblies of the 3. Eſtates, ſo that much of the buſineſſe was ruled by them and their meanes;) that they ſhould ceaſe their Authority, and not to deale any more with the rule of the Realme, but onely with the good rule and government of the City of Paris: That done, the Duke rode about to divers good Townes, making requeſt to them for ayde, and to have this new money currant among them. But he ſped little of his purpoſe. Then ſhortly after he aſſembled at Paris certaine perſon of 20. or 30. Townes next adjoyning, with whom he held a Counſell for ſundry dayes; who in the end ſhewed him; that they might bring nothing to effect without the aſſembling the 3. states, beſought him that they might be eft-ſoon aſſembled, truſting that they would then ſatisfie his minde: Upon which the Duke ſent forth Commiſſions, charging the ſaid 3. Eſtates to appeare before him at Paris the next Wedneſday after All-Saints day; which they did, where the Duke condiſcending to their former Articles he gave the King of Navarre and the 3. Eſtates full content; who promiſed that they would demeane themſelves to his Father and him, as true and dutifull Subjects; and adviſing him to take upon him the Government of the Realme, they created him Regent of France, during his fathers impriſonment. After this hee aſſembled the Eſtates and chiefe Burgeſſes of Cities at Paris, and acquainted them with the King of Englands large demands for his fathers inlargement; which were ſo diſpleaſing to all the company, that they anſwered, The ſaid Treatie was neither honourable nor profitable: And rather then the King ſhould binde him and his land to ſuch inconveniences, they would prepare to make ſharpe Warre againſt England: whereupon they granted to finde divers thouſands of men at Arms, at their owne coſts, for certain moneths, to relieve the King: And atFabian part. • . p 305, 306, 311, 312. Generall Hiſt. of France, Gaguin, and others. another Parliament aſſembled when Iohn was dead, and Charles came to the Crowne, they granted an exciſe of every 4 penny of all things bought and ſold for the maintenance of his warres, the ſpiritualty granted him a diſme, and the Lords and Gentlemen were ſtinted at a certaine. And in the eleventh yeare of his reigne, he aſſembled his great Councell of Parliament at Paris, where among many Acts made for the weale of the Realme; he, with the aſſent of the Lords and Commons there aſſembled, enacted for a Law after that day to be continued, That all Heires of the Crowne of France, their fathert being dead, may be crownned as Kings of France, ſo ſoone as they attained to the age of fourteene years. And in the fifteenth yeare of his reigne, theFabin. part. 7 p 307. ſee p. 190, 191, 266, 477, &c. • 55, 326, 357, 358, 359, 460. Walſingham, Hiſt. Angl. p. 235, 236. Duke of Flanders granted to thoſe of Gaunt ſuch Articles of agreement, for the confirmation of their liberties, the repealing of illegall taxes, the electing of their owne Officers, the Dukes Councellours, and the like (which you may read in Fabian) as plainly manifeſt this whole Dukedome and people to be of greater juriſdiction then himſelfe, though inveſted with regall authoritie, and that he had no power to impoſe any taxes on them, without their grant and conſent; the contrary whereof cauſed many bloudy warres among them.

Charles Fabian. part. 7. p. 324. 355, 356, 357, 358, 363, 364. The generall Hiſt. of France, Gaguin. and others in his life. the ſeventh (after Fabians account, but ſixt after the French Hiſtory) a Childe of thirteene yeares, by reaſon of the difference between the Lords who ſhould be Vicegerent, was by the advice of the major part of the Lords, for the common good of the Realme, Crowned at Raynes within the age of fourteen yeares, contrary to a Law made in the eleventh yeare of his Father. In the fourth yeare of his reigne, the Citizens of Paris murmuring and grudging for divers impoſitions and taxes unduely leavied upon them, ſuddenly aroſe in great multitudes, intending to have diſtreſſed ſome of the kings Houſhold: Whereupon ſoone after, the Kings Councell conſidering the weakneſſe of the Treaſure, and his great charges and needs; and aſſembling a Parliament of the Rulers of Paris, Roan, and other good Townes, exhorted them to grant the King in way of Subſidy, twelve pence in the pound, of all ſuch Wares at that day currant, for the defence of the Realme and ſubjects. To the which requeſt, after conſultation taken, it was anſwered; That the people were ſo charged in times paſt, that they might not beare any more charges till their neceſſity were otherwiſe relived: and ſo the King and his Councell at this time were diſappointed. In his ſeventh yeare, by the Duke of Angeau his procuring, a tax was laid upon the Commons of France (without the three Eſtates:) Which to bring to effect, many friends and promoters were made, as well of Citizens, as others. Whereupon the Commons of Paris and Roan became wilde, aſſembled in great companies, choſe them Captains, and kept watch day and night, as if enemies had been about the Citie; utterly refuſing to pay that Tax. This Charles being none of the wiſeſt Prince, ruled by his houſhold ſervants, and beleeving every light Tale brought unto him,Fabian. ibid. Generall Hiſt. of France, p. 216 227, 228, 229. marching againſt the Duke of Brittaine, as he came neare a wood, was ſuddenly met of a man like a Beggar, which ſaid unto him, Whither goeſt thou Sir King? beware thou goe no further, for thou art betrayed, and into the hands of thine enemies thine owne Army ſhall deliver thee. With this monition the King was aſtonied, and ſtood ſtill, and began to muſe. In which ſtudy one of his followers that bare his Speare, ſleeping on Horsback, let his Spear fall on his fellowes Helmet; with which ſtroke the King was ſuddenly feared, thinking his enemy had come unawares upon him; wherefore in anger he drew his ſword, ſlew foure of his owne Kinghts ere he refrained, and took therewith ſuch a deadly fear, as he fell forthwith diſtracted, and ſo continued a long ſeaſon, being near at the point of death. VVhereupon his brother Lewes of Orleans, being but young, the States of France thought it not convenient to lay ſo heavy a burthen upon ſo weake ſhoulders; wherefore his two Vncles the Dukes of Berry and Burgaine, BY AVTHORITY OF THE STATES OF THE LAND, ſpecially aſſembled in Parliament upon this occaſion tooke upon them to rule the Realme for that ſeaſon, it being ordered by a ſpeciall Law, that they ſhould abſtain from the name of Regent, unfit in this ſudden accident, the King being alive, and of years: And becauſe the Duke of Berry had but an ill name, to be covetous and violent and was therefore ill beloved of the French, his younger brother Philip Duke of Burgoyn, had the chiefe charge impoſed on him; and though the Title was common to both, yet the effect of the author tie was proper to him alone, who changed divers Officers. After which the Duke of Orleance was made Regent, being the Kings younger brother, who preſſing the people with quotidian taxes and tallages, and the ſpirituall men with diſmes and other exactions, he was at length diſcharged of that dignitie, and the Duke of Burgoyne put in that authoritie. After this our King Chron. 2. &. 5. H. 5. Henry the fift, gaining a great part of France, and pretending a good title to the Crowne (recited at large by Hiſt p. 786. to 782. Hall and Iohn Speed) the Frenchmen to ſettle a peace, made this agreement with King Henry:Fabian. part. 7. p. 399, 400, 475. Generall Hiſt. of France, Holingſhed. Fabian, Walſinghan, Grafton, Hall. That he ſhould marry Katharine the French Kings daughter, and be admitted Regent of France, and have the whole government and rule of the Realme, during Charles his life, who ſhould be King of France, and take the profits of the Crowne whileſt he lived; and that after the death of Charles, the Crowne of France, with all rights belonging to the ſame ſhould remaine to King Henry, and to his Heires Kings: That the Lords ſpirituall and temporall, and the Heads and Rulers of Cities, Caſtles and Townes, ſhould make Oath to King Henry, to be obedient to his lawfull commands concerning the ſaid Regency, and after the death of Charles to become his true ſubjects and liegemen; That Charles ſhould in all his writing name King Henry, his moſt deareſt ſonne, Henry King of England, and inheritour of the Crowne of France; That no impoſition or tax ſhould be put upon the Commons of France, but to the neceſſary defence and weale of the Realme; and that by the advice of both Councels of the Realmes of England and France, ſuch ſtabliſhed Ordinances might be deviſed, that when the ſaid Realme of France, ſhould fall to the ſaid Henry, or his Heires, that it might with ſuch unity joyne with the Realme of England, that one King might rule both Kingdomes as one Monarch; reſerved alwayes to either Realme all Rights, Liberties, Franchiſes and Lawes, ſo that neither Realme ſhould be ſubject unto other, &c. VVhich Articles were ratified and agreed with the conſent of the more part of the Lords ſpirituall and temporall of France▪ But Fabian, part. 7. p. 475, 478. Generall, Hiſt. of France, Hall, Holinſhed. Speed. Charles dying, his ſonne Charles the eight, was by ſome part of France, and many Lords, reputed and knowledged King, but not crowned whiles the Duke or Bedford lived and remained Regent, our Henry the ſixth, both in Paris and many other cities, being allowed for king of France. After his death, his ſonne Fabian, part. 7. p. 479, 480, 481, 488. Generall Hiſt. of France. 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 laſtly denyed the kings pleaſure. VVherewithall he being grievouſly diſcontented, removed divers from their offices, and put many of the richeſt and head men of the citie to death, upon ſurmiſed cauſes, without proofs of juſtice: For which cauſes, and many other oppreſſions, the Lords 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 Commonwealth: To which end all the Lords met at a Towne called Stampes, where they continued their Councell fifteene dayes, and then marched to Paris, ſending four ſeverall letters unto the citie; one to the Biſhops and ſpirituall men, the ſecond to the Conſulls and headmen, the third to the Vniverſitie, the fourth to the Commonalty, ſignifying, That neither they nor any of their company were come thither as enemies to the Citie, or to warre againſt it, or the Commonwealth of the Land, but for the increaſe and augmentation thereof to the uttermoſt of their powers. VVhereupon theſe foure parties ſent certaine Orators for them to the Lords, who after long communication with them had, returned to the citie with this report; Firſt, the Lords would that the inhabitants of the City ſhould conſider the conditions of the King, which yearly oppreſſed his Subjects with taxes and other grievous ſervages. Secondly, how he deſpiſed the noble bloud of his Realme, and drew to him villaines and men of no reputation, by whoſe counſell onely all the Common-weale of the Land was guided and ruled. Thirdly, how hee ruled his Subjects by force and will without adminiſtration of juſtice, and himſelf in all Counſels and Parliaments is Iudge of all cauſes, and calleth himſelfe Counſels and Parliaments more for this ſingular weale then for the Common-weale of his Realme. Fourthly, how he enhaunſed men of low birth to great honours, and cauſed Noblemen to be obedient unto them, intending to bring the ſaid ignoble men to be equall with the Princes of the Land. Fifthly, how the Lawes be delayed and bolſtered by ſuch as ſtand in his favour, wherethrough at this day Law is will, and will is Law, and no man almoſt in any ſurety of life or goods; inſomuch that daily many have been baniſhed and put to death for unlawfull cauſes, and alſo to any Noble-man at this day no power or roome of honour belongeth; ſo that to the wild Beaſts in the Forreſts appertaineth more Liberty and ſurety then to the more party of the Kings ſubjects. Sixthly, The great taxes and ſummes of money which daily be levied of the Commons be not ſpent in the Kings honourable needs, and for the Commonweale of the Realme, but are ſpent vainly and riotouſly, and bribed out of the Kings Coffers; for which enormities and miſgovernance with many other, the ſaid Lords were come thither in defenſible wayes for the ſafeguard of their owne perſons, as to the head and principall City of the Realme, for to have aide and Counſell, to reforme the foreſaid evills, not intending any harme to the Kings perſon, or yet to remove him from his regality or Kingly Majeſtie; but to induce and advertize him to that which ſhould be for his honour and the weale of his Realme, and to live in wealth and honour, as his Noble Progenitors lived before him; For which cauſes and conſiderations, the ſaid Lords, as the Kings true Subjects, and friends to the Commonwealth of the Land, and of that City, deſired to enter there to refreſh them and their people, and to pay truly for all things they ſhould take, without doing harme or violence to any perſon. All which requeſts and matters of the Lords ſhewed to the Inhabitants of the City, by fauour of ſome friends they there had, it was with the more partie well accepted, and though convenient they ſhould be received into the Citie; but by meanes of the Earle of Davoiſe it was reſpited, till they had further knowledge of the Kings pleaſure: who comming out of Normandie into, Paris after diuers Skirmiſhes, the King and Lords fell to a Treaty of peace, whereupon Commiſſioners on both ſides aſſembled and communed together by ſundry times two dayes; In which ſeaſon new ſtrength of Souldiers came to the King out of Normands. The Treatie hanging long, and a longer Truce being proclaimed, the ſouldiers fell to robbing, and other unlawfull acts; and at laſt, through obſtinacy on both parties, all offers were refuſed, and the day of the Truces expiration approached, without hope of accord; whereupon proviſions for warre were made on both ſides. Then begun grudges and murmures betweene the kings ſouldiers and the citizens of Paris: and ſhortly after newes came to the king, that the Caſtle and Citie of Roan was yeelded up to the Duke of Burbon: VVhereupon the King conſidering what great advantage the Lords had of him, both by ſtrength and favour of the Commons, which daily drew unto them by ſundry companies, in avoiding of more danger, concluded a peace: which being proclaimed thorowout all France, the King and Lords met, to whom the King ſhewed great ſemblance of kindeneſſe, ſpecially to his brother Charles Duke of Normandy; 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 propounded betweene them, Charles anſwered, That if a perfect concord ſhould be eſtabliſhed 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 diſſevered from the Crowne; but that a perfect unitie might be had betweene the King and his brother, the King ſhould be inſtanced to give yearly to his brother in recompence of the ſaid Dutchy, 12000 pounds of Turon money, with certain land to be aſſigned with the name of a Duke, and 40000 annuall rent of like money during his naturall life, for ſuch portion as he claimed to be his right, within the Realme. To all which the king agreed, and to pardon the Duke of offences againſt his Majeſtie, and all ſuch Lordſhips as he had wonne from him in Britaine, to reſtore: which offers Charles refuſing, was the yeare following contented with the Dutchy of Guyan onely, and ſo the warre of Normandy ceaſed. After Lewes his death moſt of his ſpeciall and deareſt beloved Servants and ill Councellours (whom he ſpecially recommended to his ſonne Charles the ninth on his death-bed) came to diſgracefull ends: Fabian. part. 7. p. 490, 521, 522, 523. Oliver Damman was beheaded for Treaſon, and Iohn Doyacon for treſpaſſe and hatred unto the common people by his deſert, was with all ſhame brought to the Market place at Paris, and there bereft of both his ears, and then baniſhed the Court for ever; by reaſon whereof aroſe this proverbe among the Frenchmen, Principibus obſequi haereditarium non eſſe, The favour of Princes is not hereditary. Phili. de Com. l. 5. c. 18. Philip de Commines living under Lewes the eleventh, and Charles the eighth, by whom he was made Lord of Argenton, being in high favour with them, and a great Councellor of State, hath this notable paſſage, againſt the French Kings power then to impoſe any taxes on their Subjects, without their free aſſents in a Parliament of the 3. Eſtates, though the contrary be now daily practiſed, to the intollerable grievance of the ſubjects; Phili. de Com. l. 5. c. 18. Is there any King or Prince that hath power to leavie one penny upon his ſubjects, beſides his demains, without leave or conſent of thoſe that muſt pay it, unleſſe it be by tyrannie and violence? A man will ſay, that ſometime a Prince cannot tarry to aſſemble his Eſtates, becauſe it would require too long time. Whereunto I anſwere, That if he move a Warre offenſive, there needeth no ſuch haſte, for he may have leiſure enough at his owne pleaſure to make preparation; and further, he ſhall be much ſtronger and much more feared of his enemies, when he moveth warre with the conſent of his ſubjects, then otherwiſe. Now as touching a warre defenſive, that Cloud is ſeene long before the tempoſt fall, eſpecially when it is a forraine warre; and in this caſe good ſubjects ought not to complaine, nor to refuſe any thing that is laid upon them: Notwithſtanding ſuch invaſion cannot happen ſo ſuddenly, but the Prince may have leiſure at the leaſt to call together certaine wiſe perſonages, to whom he may open the cauſes of the warre, uſing no colluſion therein, neither ſeeking to maintaine a trifling warre upon no neceſſitie, thereby to have ſome colour to leavie money. Money is alſo neceſſary in time of peace, to fortifie the Frontiers, for defence of thoſe that dwell upon them, leſt they be taken unprovided, but this muſt be done meaſurably. In all theſe matters the wiſdome of a ſage king ſufficeth, for if he be a juſt Prince, he knoweth what he may do, and not do, both by Gods Lawes and mans. To be ſhort, in my opinion, of all the Seniories in the world that I know, the Realme of England is the Countrey where the Commonwealth is beſt governed, the people leaſt oppreſſed, and the feweſt buildings and houſes deſtroyed in civill warre, and alwayes the lot of miſfortune falleth upon them that be authors of this warre:Note. Our King is the Prince in the whole world that hath leaſt cauſe to alledge that he hath priviledges to leavie what he liſteth upon his ſubjects, conſidering that neither he nor any other Prince hath power ſo to doe; and thoſe that ſay he hath, do him no honour, neither make him to be eſteemed any whit the mightier Prince thereby, but cauſe him to be hated and feared of his neighbours, who for nothing would live under ſuch a government: But if our King, or thoſe that ſeeke to magnifie and extoll him, ſhould ſay, I have ſo faithfull and obedient ſubjects that they deny me nothing I demand, and I am more feared, better obeyed, and better ſerved of my ſubjects, than any other Prince living; they endure patiently whatſoever I lay upon them, and ſooneſt forget all charges paſt. This (me thinkes, yea, I am ſure) were greater honour to the King, then to ſay, I leavie what I liſt, and have priviledge ſo to doe, which I will ſtoutly maintaine. King Charles the fift uſed no ſuch termes, neither did I ever heare ſuch language proceed from any king, but from divers of their ſervants, who thought they did their Maſter great ſervice in uttering ſuch ſpeeches; but, in mine opinion they miſbehaved themſelves towards their Prince, and uſed ſuch language, partly becauſe they would ſeeme to be good ſervants, and partly becauſe they knew what they ſaid. But for a manifeſt proofe of the French mens loyaltie and obedience to their Prince, we need alledge none other example then that we have ſeene ourſelves of late by experience, when the Three Eſtates were aſſembled at Towrs, after the death of our Maſter King Lewes the eleventh, which was in the yeare of our Lord, 1483. A man might have thought this good aſſembly to be dangerous for the kings eſtate;Note. 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 Commonwealth; 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.Gen. hiſt. of France. p. 421. 423. Charles the eighth of France, beeing but thirteene yeares of age when the Crowne deſcended to him; hereupon in the year 1484. a generall Parliament was held at Towrs, with more free acceſſe then had beene uſuall, yet not ſo effectuall as was expected, every one ſeeking rather to maintaine his private authoritie then to procure the peoples eaſe. In this Parliament the pragmatick ſanction was reſtored, to uſe it as they had accuſtomed. The Conſtables ſword was given to the Duke of Bourgon, the government of the Kings perſon to his Siſter; a cunning woman, and ſomewhat of her fathers humour; but the name of Regent was forbidden to them all, to prevent jealouſies: and there was a Counſell enacted of Twelve, by whom matters ſhould be diſpatched in the kings name; of the which Lewes Duke of Orleance ſhould be Preſident. Lewes diſcontented with the device, ſeekes to hold his ranke; he pretends, that being the firſt Prince of the blood, the Regency belonged unto him: he aſſiſts at the Councell in Parliament, and in the aſſemblies in Towne, and notwithſtanding the laſt VVill of King Lewes, and the Decree of the Eſtates, yet will he by force have the name and effect of Regent. VVhereupon diſcontents ariſing, he leaves the Court in diſcontent, and raiſed a civill warre. However, the Eſtates ſetled the Regencie and affaires of the Realme. Gen. hiſt. of France. p. 575. to 580. Grimſt. Imper. hiſt. p. 647, 648. Anno 1525. Francis the firſt King of France was taken priſoner by the Emperour Charles the fifth in the Battell of Pavia; who by mediation of Friends for his enlargement, ſent the Earle of Reux his Lord Steward, to offer the King Liberty, ſo as he would reſigne all the rights he pretended in Italy; restore the Dutchy of Burgongue, as belongeth to him by right, with Provence, and Dolphine for the Duke of Bourbon, to incorporate them with other Lands which he had formerly enjoyed, and to make all together a Kingdome. Moreover the Emperour offered to give him his ſiſter in marriage, propounding many other conditions, ſo abſurd and void of reaſon, as it is better to let the curious reade them in the Originalls themſelves. Amongſt all loſſes, that of Liberty toucheth neereſt; but Francis having learned to withſtand all adverſity with a conſtant reſolution, ſaid, I will dye a Priſoner rather then make any breach in my Realm for my deliverance, whereof I neither WIL NOR CAN alienate any part without the conſent of the Soveraign Courts and Officers, in whoſe hands remains the authority of the whole Realm We preferre the generall good before the private intereſt of Kings perſons. If the Emperour will treat with me, let him demand reaſonable things which lye in my power, then ſhall he finde me ready to joyne with him, and to favour his greatneſſe. The Emperour ſeeing the King conſtant in this reſolution, in the end yeelded to his delivery, upon theſe termes, That within ſix weekes after his delivery he ſhould conſigne the Dutchy of Burgengue to the Emperour, with all the dependancies, as well of the Dutchie, as of the County, the which ſhould hereafter be ſequeſtred from the Soveraigntie of the Realme of France; That he ſhould reſigne to the Emperour all his rights pretended to the Eſtates of Naples, Milan, Genoa, and Aſt: That he ſhould quit the Soveraignty of Flaunders and Arthois, &c. Hereupon the King being enlarged, and arrived at Beyonne, he was required, to ratifie the Accord, which he had promiſed to doe when hee came to a free place: but he delayed it with many excuſes, giving the Emperour to underſtand, that before he proceeded to ſuch an act, it was neceſſary that he ſhould pacifie his Subjects, who were diſcontented with bonds which tended to the diminution of the Crowne of France, &c. After which, the Pope and the Venetians ſending Meſſengers unto him, he complained of the Emperour, that he had wronged him in that he had forced him to make impoſſible promiſes, and that he would be revenged if ever occaſion were offered; and that he had often told him,Note. that it was not in the power of a French King to binde himſelfe to the alienation of any thing depending of the Crowne, without the conſent of the Generall Eſtates: that the Lawes of Chriſtians did not allow, that he which was taken in Warre ſhould be detained in perpetuall priſon, which was a puniſhment proper to Malefactors, and not for ſuch as had bin beaten by the cruelty of fortune: that all men knew that Bonds made by constraint in priſon, were of no value, and that the capitulation being of no force, the faith likewiſe which was but acceſſary, and the confirmation of the ſame could not be bound: that by the oath which he had taken at Rhemes at his Coronation, he was bound (according to the cuſtome of other Kings of France) not to alienate the patrimony of the Crowne; and therefore for theſe reaſons he was no leſſe free then ready to abate the Emperors pride. The Emperor growing jealous of the Kings delayes, for ratification thereof ſent one unto him, to be certified of his intent, who found him very unwilling to leave Burgundy; which being very prejudicall to the Crowne of France, he ſaid, was not in his power to obſerve; and that hee could not alien the Bourguinans without their aſſents in an aſſembly of the Estates of the Country, which he intended to call ſhortly to know their minds. By which it is moſt apparent, that the Kings of France have no power at all to diſpoſe of their Crown lands or alienate them to others (as other Subjects may doe) becauſe they hold them onely in the right of their Crowne for their Kingdomes uſe and ſervice, the true proprieters of them. Upon which very ground Matthew Paris, p. 270, 271. Philip Auguſtus King of France, Anno 1216. in a ſolemne Aſſembly of the States at Lyons, told Walo the Popes Legate (who came to prohibit his Sonne Lewes to goe to receive the Crowne of England, becauſe King Iohn had reſigned it to the Pope;) That no King or Prince can give away his Kingdom without the conſent of his Barons, who are bound to defend the Kingdome; and if the Pope decreed to defend this errour, he ſhould give a moſt pernitious Example to all kingdomes: Whereupon all the Nobles of France began to cry out with one mouth, That they would ſtand for this Article unto death, That no King or Prince by his ſole pleaſure could give his Kingdome to another, or make it tributary, whereby the Nobles of the Realme ſhould be made ſervants: And the next day Lewes his Advocate alledged, that King Iohn for his homicides and many other enormities, was justly rejected by his Barons, that Hee ſhould not reigne over them. That he could not give the Crowne of England to any one without the aſſent of his Barens; and that when he had reſigned it, he preſently ceaſed to be a King, and the Kingdome became void without a King, and being ſo vacant could not be diſpoſed of without the Barons, who had lawfully elected Lawes for their King: who in purſuance of this his Title, (which the Eſtates of France held juſt,) ſailed into England, took poſſeſſion of the Kingdome, received homage of all the Barons, and Citizens of London, who joyfully received him, taking an Oath upon the Evangeliſts, to reſtore them their good Lawes, together with their lost Inheritances.

The generall Hiſt. of France, p. 6 •• . to 690. 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 Proteſtant 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 generally 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 Authority and GƲILTY OF HIGH TREASON THAT TALK OF A PARLIAMENT. The King of Spaine to croſſe them, by Letters to the King his Brother-in-law, declares himſelfe (for the good affection he bare to him) Tutor and Protector 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 ſlanders 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 diſcover 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 benefices 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 Government of the Realme. They demand advice,Note TOVCHING LAW AND CONSCIENCE OF MANY LEARNED LAWYERS AND DIVINES: who reſolved, THAT THEY MIGHT LAWFVLLY OPPOSE THEMSELVES 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 conſiderations: 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 ſuppreſſe 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. After 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 lawfulneſſe of this defenſive warre, over tedious to tranſcribe.

Francis Generall Hiſt. of France, 692, &c. & Richardus Din • thus de Bello Civili Gallico Religionis cauſa ſuſcepto. l. 2, 3, 4, 6. Speeds Hiſt. 1211, 1212 1214. K. Iames Anſwer to Cardinall Peron. 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 twentieth 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 fruitleſſe 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 ſeemed 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 treacherous 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, cauſed 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 forefinger 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 complained of this outrage, to take ſuch exemplary puniſhment on the offendors, as the Admirall 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 governours 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 Papiſt 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 Admirall 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 treacherouſly 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 commotions 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: AndGen. hiſt. of France. p. 744. Fox Acts and Mon Vol. 3. p. 1026, Edit. ult. God himſelfe out of his Divine juſtice, after this horrible Butchery committed by this diſſembling, 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 ſpectacle 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 theGen. Hiſt. of France, p. 764. 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.

Generall Hiſt. of France, p. 765, &c. Charles dying without Heire of his body, the Crowne deſcended to his Brother Henry the third, then king of Poland, Anno 1574. his firſt deſigne was to extirpate the Huguenots and Proteſtant Religion thorowout the Realme, though the Emperour Maximilian told him, There is no ſinne ſo great as to force mens conſciences, 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 deſigne, 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 moleſtation for matter of conſcience. A policie practiſed onely to bring the Proteſtant party into 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 indeavouring 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 Proteſtants demanding free exerciſe of their Religion thorowout all France, new Chambers 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 party 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 children 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 allowed 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 ſucceeding 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 ancient 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 Popiſh) 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, foreſeeing 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; proteſting, 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 enemies of the Crowne, who have ſolicated the abolition of the Edict, to the ruine and ſubverſion 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 Leaguers, 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 Leaguers 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 command, (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 Succeſſors 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 lawfull meanes to reſiſt the violence of their enemies, and caſt all the miſeries that ſhall enſue upon the Authors thereof. Freſh warres are hereby proſecuted againſt the Proteſtants by the Leaguers, German Forces come in to ayde the Proteſtants; after macombates 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 Paris, enters it againſt the Kings command, who was jealous of him; mutinies the Citizens againſt the King, who thereby is forced to retire from thence for feare of being 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 ſubjects to ſweare, never to yeeld obedience after him, to any Prince that ſhall be an Heretike, 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 Navarre, (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 oppreſſor of his people, a Tyrant over his Realme, that ſo the people ſhould preſently reſolve 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. Hereuppon the Pariſiens mutinie, and take up Armes a freſh; The Colledge of Sorbone concluded 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 Revenues, 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 afterward added by the Nobles, and a Declaration (in manner of an oath) for the entertainment 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 ſubmit by a day, and reconciles himſelfe to the King of Navarre: They go on with greater inſolency then before, ſet out a great Army under the Duke of Mayenne; crave aſſiſtance 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, commit 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 belly 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 beheld, was contrived. Gen. Hiſt. of France, p. 834, 835. 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; forbidding 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 Excommunication 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 themſelves againſt the holy Ʋnion, and all Royaliſts and their Succeſſors deprived of all prerogatives 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 Parliament 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; whereupon 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 exhortation full of injuries, labors to perſwade the French, that the King, long ſince diſmembred 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 private perſons, without due election; grants Proceſſe againſt the Ieſuites, as chiefe pillars 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 condemned 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 within the Realme under paine of High Treaſon. I have heard from a Gentleman of credite, which ſerved this king, that when he was thus ſtabbed in the mouth by Chaſtle, one of the Mounſieur Daubern. 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, for The generall Hiſt. of France, p. 976, 977, 982. after four or five more ſeverall attemps of the Ieſuites and Papiſts to murther him, which were diſcovered 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 profeſſed. 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 he Gen. Hiſt. of France, p. 914 915, 1070, 1071 1072, 1094, 1095, 1110, 113 • , 1172, 1173, 1174, 1175, 1181, 1182, 1183, 1196, to 1220. reſtored and favoured exceedingly, notwithſtanding their former Treaſons, and baniſhments of them out of France, cauſing the Pyramis erected by ſentence of Parliament as a monument 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, Gen. Hiſt. of France, p. 887. 888. 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 almoſt 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, participate 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 ſubjects, 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 Gen. Hiſt. of France, p. 1009, 1022, 1023, 1124, 1154, 1156, 1157. Edicts, againſt the tranſportation of Gold and Silver, the wearing of Gold & Silver, exceſſiveuſurie, Advocates extortions, Duels, Bankrupts, and the like. This Gen. Hiſt. of Fr. p. 1173, 1174, 1200. 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 thereof aſſembled, that the King being now murthered by a moſt cruell, inhumane and deteſtable 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 governed by her: Whereupon having conſulted, THE COVRT HATH DECLARED 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 publiſhed in all the Bayliweeks, Seneſcauſhes, and other juriſdictions depending upon the ſaid Court of Parliament, and in all other Parliaments of the Realme; ſo that the Queene Mother was ſetled in the Regency by the Parliament and whole State of France. After which Gen. Hiſt. France, p. 1207. Paſquier, Counſellor and Maſter of Requeſts, writ her a large Letter touching the Government of the State, wherein he informed her, That ſhe muſt not forbear to aſſemble the Eſtates, for the reaſon that ſome would ſuggeſt unto her, that they will be ſome blemiſh to her greatneſſe; it is quite contrary: The Eſtates having confirmed it by publike authoritie, will ſettle it fully. Commonly the Eſtates aſſemble to provide for the preſent and future complaints of the generall of this Monarchy, and to reduce things to their ancient courſe; the people being the foundation whereon this Realm is built, and the which being ruined, it is impoſſible it ſhould ſubſiſt: take away theſe new Edicts, Impoſitions and Subſidies: it is better to gratifie a people, than to intreat them roughly. Above all things beware that you follow not your own opinion alone, in managing the affaires of the Realme. Hereupon four and fifty Edicts and Commiſſions were revoked, wherewith the Subjects had been oppreſſed.The continuation of the life of Lewes the thirteenth, p. 2. 〈◊〉 7. When the King was to be Crowned, the Prelates made this requeſt to him at the Altar before his Coronation; We pray and require that you would grant unto every one of us, and the Churches whereof we have the charge, the Canonicall priviledges, good lawes, and juſtice; and that you will defend us, as a king ought all his Biſhops and their Churches. Whereunto the king anſwered; I promiſe to preſerve you in your Canonicall priviledges, as alſo your Churches; and that I WILL GIVE YOV (in the future) GOOD LAWS, and do you Iuſtice, and will defend you, by the help of God, according to my power; as a king in his Realm OVGHT TO DO IN RIGHT AND REASON, to his Biſhops and their Churches. After which having been acknowledged their lawfull Prince, BY A GENERALL CONSENT OF ALL THE ORDERS, the Cardinall of Ioyeuſe preſented unto him the Oath of the Kingdome, (the ſacred Bond of the fundamentall Lawes of the State) the which he took publikely in theſe words, with invocation of the Name of God, having his hand upon the Goſpell, which he kiſſed with great reverence.

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

After this Ibid. p. 95 26. 29. 30. 31. 46. 49. 50. 74. 75 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.

Ibid p. 17. 18 24. 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, Ibid p. 59. to 120. Anno 1614. the Prince of Conde with divers other Princes, Dukes, Peer, Noblemen, and Officers of the Crowne retinued from the Court in diſcontent, and meeting at Meziers, writ ſeverall Letters to the Queen, Parliament, and others, complaining therein of divers grievances and diſorders in the government, which they deſired might be redreſſed, by ſummoning a generall Aſſembly of the three Eſtates to be free and ſafe, to be held within three moneths at the furtheſt, proteſting, that they deſired nothing but peace and the good of the Realme, that they would not attempt any thing to the contrary, unleſſe by the raſh reſolution of their enemies, (who covered themſelves with the Cloke of State under the Queene Regents authority) they ſhould be provoked to repell the injuries done unto the King and State BY A NATVRALL, IVST AND NECESSARY DEFENCE. After which with much adoe Articles of Peace were concluded on at Saint Manehold, between the King, Queen Regent, and theſe Nobles; wherein it was among other things accorded, That the generall Eſtates of the Realme ſhould be aſſembled at Sens by the four and 20. day of Auguſt, in which the Deputies of the three Eſtates, may with all libertie propound what ſoever they ſhall think in their conſciences to be for the good of the Realme and caſe of the ſubject; that thereby the King with the advice of the Princes & Eſtates might make ſome good Laws and Ordinances to contain every man in his dutie, to fortifie the Lawes and Edicts made for the preſervation of the publike tranquilitie, and to reforme the diſorders which may give juſt occaſion of complaint and diſcontent to his good ſubjects: That the Kings Mariage with Spaine, formerly concluded on, ſhould be reſpited and not proceeded in during his minority: that all Gariſons put into any places of the Realme by reaſon of the preſent motions, ſhould be diſcharged that Letters Patents be directed to all Courts of Parliament to be verefied, by which his Majeſtie ſhall declare, that the ſaid Princes, Nobles, and others of what quality and condition ſoever, which have followed and aſſisted them in theſe alterations, had no bad intentions againſt his ſervice, with all clauſes neceſſary for their ſafeties and diſcharges, that they may not be called in queſtion hereafter, and that they ſhall be reſtored to their Offices, Eſtates and Dignities, to enjoy them as they had formerly done. And in like manner his Majeſtie ſhall write to all Princes, Eſtates, and Commonwealths allied to the Crowne, and men of qualitie ſhall be ſent expreſly to them, to let them underſtand what he had found concerning the innocency and good intention of the ſaid Princes, Officers, and Nobles. After which the three Eſtates were publiſhed, Deputies elected; and the King (by his Councel and Parliament of Paris) was declared of full age, according to a fundamentall Law made by Charles the fift, ratified by the Court of Parliament: That the Kings of France, having attained the full age of thirteene years, and entring into the fourteenth, they ſhould take upon them the Soveraigne Government of the Eſtate: Whereupon the Queen Mother in the Parliament reſignes the Regency and reignes of the Empire into his hands. After which the three Eſtates aſſembling aboliſhed the ſale of all offices of judicature, and others which tend to the oppreſſion and ruine of the People, ſuppreſſe Duels; the Commons and Deputies of the three Eſtates preſent a Petition of all their grievances to the King, conſiſting of ſeverall natures, and pray redreſſe: And for the ſecuring of the Kings Crowne and perſon againſt the Popes uſurpations and attempts, they deſired, that it ſhould be declared by the ſaid Estates, and ſet down as a fundamentall Law, That the King did not hold his Realme of any but God and his ſword, and that he is not ſubject to any ſuperiour power upon earth for his temporall eſtates, and that no Book ſhould be printed containing any Doctrine againſt the perſon of Kings touching the queſtion too much debated by preſumptuous men, whether it be lawfull to kill Kings? The Clergy of France except againſt this Article, as a point of doctrine and conſcience (not of State policie, as the Commons pretended, fit onely for the Clergies determination, not the Commons or three Eſtates,) as a means to ingender a ſchiſme and offend the Pope, and after much debate prevail and ſuppreſſe it: In fine, after many debates the three Eſtates brake up without any great redreſſe of their grievances, or full anſwer to their Petitions, which was defaced: hereupon the Parliament at Paris the ſeven and twentieth day of March, 1615. decreed, under the Kings good pleaſure, That the Princes, Dukes, Peers, and Officers of the Crowne, having place and deliberate voyce therein, being then in the Citie, ſhould be invited to come into the Court, there (with the Chancellour and all the Chambers aſſembled) to adviſe upon the propoſitions which ſhould be made for the kings ſervice, the eaſe of his ſubjects, and good of his eſtate, and to draw up a Remonſtrance to this affect. Some Court Paraſites preſently acquaint the King and Queen Mother with this Decree; as if it were an apparent enterprize againſt the Kings Authoritie, and did touch the Queens Regency which they would controll; and objections are made againſt it in Councell, whereupon the Parliament are ſent for to the Court ſeverall times, and ordered to revoke this Decree; they excuſe and juſtifie it, then draw up a Remonſtrance to the king, conſiſting of many Heads; wherein among others they affirme, That the Parliament of Paris was borne with the State of France, and holds place in Councell with Princes and Barons, which in all ages was near to the Kings perſon. That it had alwayes dealt in publike affairs: that ſome Kings which had not liked of the Remonſtrances of the Parliament at Paris, did afterwards witneſſe their griefe. That Popes, Emperours, Kings, and Princes had voluntarily ſubmitted their controverſies to the judgement of the Parliament of Paris, &c. To which I ſhall adde ſome paſſages out of Andrew Favine,Lib. 2. c. 12. p. 179. to 187. in his Theater of Honour, touching the dignitie, power, and honour of the Parliaments of France: In the Regiſter of the Acts of Parliament, beginning, 1368. there is one dated the twenty ſeventh of Iune 1369. for matter of murder and aſſaſſinate committed on the perſon of Maſter Emery Doll, Councellor of the ſaid Parliament; whereby it was approved, That it was a crime of High Treaſon, to kill a Councellor of Parliament. And in Anno 1475. on the eleventh day of November, Mounſeir the Chancellor came to advertiſe the Court for going to hear the confeſſion of the Conſtable of Saint Paul, to whom for his rebellions and diſobediences king Lewes the eleventh directed his Proceſſe. And the ſaid Parliament, declared, That there was not a Lord in the Kingdome ſo great, except the King and Mounſiour le Daulphine, but ought to come and appear at the ſaid Parliament in perſon, when it was ordained for him. And this is witneſſed by a Lyon abaſing his tail between his Legs, exalted over the gate and entrance of the great Chamber, by the Parquet des Huiſiers thereof. So that by this illuſtrious and Soveraigne Parliament are ordered and determined the principall affairs of the kingdom. And in Anno 1482. the ſecond day of Aprill, king Lewes the eleventh, ſent unto the Parliament the Oath which he took at his ſacring, exhorting the ſaid Parliament to performe good juſtice, according as the King had promiſed to doe by his ſaid Oath, which he purpoſed to keep; and the Oath is there Regiſtred downe. The Parliaments of France are Oaks with exalted Heads, under whoſe Branches the people are covered from the very ſtrongeſt violencies, which conſtraineth them to yeeld obedience to their Prince: But when Princes (by bad councell) miſprize the authoritie of them whereof they ought to be zealous defenders, as being exalted to the Royall dignity, to rule and governe their Subjects by juſtice, they cut off the right hand from the left: If they refuſe the holy Remonſtrances of their Parliaments under color that they are not to meddle with affairs of State, Note. but onely with the Act of juſtice, and lend a deaf ear when they are advertiſed of evill Government, it is an aſſured Pronoſtick, forewarning of the entire decadence of the Kingdome. Strange and forraigne Princes have ſought and ſubmitted themſelves to the judgement of their Parliament, even in their affairs of greateſt importance. The Chronicle of Laureſhime, under the year 803. (followed by the Monk Aimonius in the fourth Book of his Hiſtory of France) reporteth, that king Lewes the Debonnaire, holding his Parliament in May, there came thither from ſtrange Provinces, two Brethren, kings of Ʋvilſes, who with frank and free good will ſubmitted themſelves to the judgement of the ſaid Parliament, to which of them the Kingdom ſhould belong: Now albeit the cuſtom of the ſaid kingdom adjudged the Crown to the eldeſt, according to the right of Prerogative allowed and practiſed by the Law of Nature, and of late memory in the perſon of the laſt dead king Liubus father commune to theſe two contendants; yet notwithſtanding in regard of the ſubjects univerſall conſent of the Kingdom, who (for the cowardiſe and want of government in the Elder) had given the Crowne to the Younger, for valliancie and diſcreet carriage; by ſentence the Kingdom was adjudged to him: and the Eldeſt did him homage, with Oath of allegiance, in the ſaid Parliament. Under the third Ligne, in the reign of Philip Auguſtus, Pope Innocent the third, and the Emperour Otho the fourth, being in variance for the forme and tearms of the Oath of fidelity with the ſaid Emperour ſhould make to the Pope; they referred it to the judgement of king Philip in his Parliament, furniſhed with Peers. Otho made ſome exception concerning the forme and terms of the Oath; And not being able to agree of themſelves, both parties ſubmitted to the judgement of king Philip Auguſtus and of his Court of Parliament, furniſhed with Peeres: So that by order given at Melum in Iuly, 1204. the form of the ſaid Oath was preſcribed, and regiſtred in the Parliament Regiſter, at requeſt of the ſaid parties, and ſent unto Otho to render it to the ſaid Pope Innocent, who ſent this aſſurance and Certificate to the ſaid Parliament for Regiſtring it, being performed.

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

Ego Otho Romanorum Rex & ſemper Auguſtus, tibi Domino meo Innocentio Papae, & Eccleſiae Romanae ſpondeo, polliceor, & juro, quod omnes poſſeſſiones, honores, & jura Romanae Eccleſiae, propoſſe meo, bona fide protegam, & ipſam ad eas retinendas bona fide juvabo. Quas autem nondum recuperavit adjutor ero ad recuperandum, & recuperatarum, ſecundum poſſe meum, ero fine fraude defenſor; & quaecunque and manus meas devenient, ſine difficultate reſtituere procurabo. Ad hanc autem pertinent tota terra quae eſt de Radicafano, uſque ad Ceperanum, Exarcatus Ravennae, Pentapolis, Marchiae, Ducatus Spoletanus, terra Conitiſſae Mathildis, Comitatus Bricenorij cum alijs adjacentibus terris expreſſis in multis privilegijs Imperatorum, à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI. Has omnes pro poſſe meo reſtituam, & quietè dimittam, cum omne juriſdictione, diſtrictu, & honore ſuo. Veruntamen cum adrecipiendam Coronam Imperij, vel pro neceſſitatibus Eccleſiae Romanae ab Apoſtolica ſede vocatus acceſſero, demandato ſummi Pontificis ab illis terris praeſtationes accipiam. Praetere • adjutor ero ad retinendum & defendendum Eccleſiae Romanae REGMVM SICILIAE. Tibi etiam Domino meo Innocentio Papae & Succeſſoribus tuis omnem obedientiam & honorificentiam exhibeo, quam devoti & Catholi •• Imperatores conſueverunt Sedi Apoſtolicae exhibere. Stabo etiam ad conſilium & arbitrium tuum de bonis conſuetudinibus populo Romano ſervandis & exhibendis, & de negotio Tuſciae & Lombardiae. Et ſi propter negotium meum Romanam Eccleſiam oportuerit in • urrere guerram, ſubeniam ei ſicut neceſſitas poſtulaverit in expenſis. Omnia vero praedicta tam juramento, quam ſcripto firmaho, cum Imper •• Coronam adeptus fuero. Actum Aquis-Grant Anno Incarnationis Dominicae Milleſſimo Ducenteſſimo Quinto, menſe Marcij, Regni noſtri ſeptimo.

William Riſhanger Monk in the Abbey of Saint Albane in England, continuer or the Hiſtory of Matthew Parts, obſerveth under the year 1263. that the king of England, Henry the third, and the Barons of England, who made warreupon him, committed their whole difference and quarrell to be judged by the Parliament of France; 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 populo pene innumerabili, Rex Franciae Ludovicus coram Epiſcopis & Comitibus, alijſque Francorum proceribus ſolemniter dixit ſententiam pro Rege Angliae, contra Barones ſtatutis Oxoniae proviſionibus, ordinationibus, ac obligationibus penitus annullatis. Hoc excepto, quod antiquae Chartae Joannis Regis Angliae univerſitati conceſſae per illam ſententiam in nullo intendebat penitus derogare. In this Parliament at Amiens were preſent the King of England, Henry the third, Queen Elenor his wife, Boniface Archbiſhop of Canterbury, Peter Biſhop of Hereford, and Iohn Maunſell; and on the Barons of Englands ſide a very great number of choice elected Lords; who the ſame year repaſted back into England after the Parliament, as the ſame Monk ſpeaketh. Thus Favino in the behalfe of the French Parliaments, concerning whoſe power and priviledges you may read much more in him and others.

But to returne to the former Hiſtory. Continuation of the Gen. Hiſt. of France, p 13 to 150. The Queen Mother was much diſcontented with this Remonſtrance of the Parliament, pretending that they had an intent to call her Regency in queſtion, which all had commended; that they could not ſpeak of the Government of the affaires of the Realm, without touching her, &c. Whereupon ſhe commanded the Chancellour to give them this anſwer in the kings name: That France was a Monarchy wherein the king alone commanded, helding his Realm Soveraignly from God; That he had Lawes and Ordinances by which to governe them, for the which he was not to give an account to any man; That it did not belong unto the Parliament to controll his Government; That they neither could nor ought to complain of the Queens 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 Councellers he ſhould entertain, &c. with many other ſuch bigge words. After which there was a Decree made in the Councell of State against the Decree and Remonſtrance in Parliament, diſanulling and revoking them as void, and forbidding the Parliament hereafter to meddle with affairs of State. The Court of Parliament in generall complained much of this Decree; the kings learned Councell refuſe to carry, or cauſe it to be read in Parliament, becauſe it would cauſe an alteration of the good affections and devotions of the Kings good ſubjects, and the diſ-union of the greateſt companies of the Realme, who adminiſter juſtice, which makes kings to Reigne: After which this controverſie was compremiſed, and the Decree of the Councell againſt the Parliament ſuſpended, and not enrolled. Soon after the prince of Conde, with divers others, ſeeing all things diſordered at Court, and little or no reformation of their former grievances, deſert Paris, expreſſeſſe their grievances in ſundry letters and Articles of complaint, wherein they complain of the want of freedom and redreſſe of their grievances preſented in the laſt aſſembly of the three Eſtates; of the Decree and proceedings against the Iuriſdiction, Remonſtrance and proceedings of the Parliament of Paris; Of ſuffering ſome Councellors of State to uſurpe all the power of the Kingdom, to pervert the Lawes, and change all things as they liſt; with ſundry other particulars: In theſe they intreat and exhort all men of what condition or quality ſoever, that call themſelves Frenchmen, to aſſiſt and ayde them in SO IVST A CAVSE; conjuring all Princes and forraign Estates to do the like, and not to ſuffer ſuch good and loyall ſubjects to be ſuppreſt by ſuch a conſpiracie. Vpon this the king and Q. Mother, through adviſe of theſe ill Counſellors, raiſe an Army, declare theſe Princes and Nobles, Rebels and Traitors, if they ſubmit not by a day: whereupon they Arm, raiſe Forces in their own & the publikes defence, and being at Noyon, concluded, That as their Armes were levyed for the maintenance of the Crown, ſo they ſhould be maintained by it; to the which end they ſeized on the kings Rents and Revenues in ſundry places. Mean while the Proteſtants being aſſembled in a generall Synod at Grenoble, Marſh. Deſdiguires makes an Oration to them, to diſſwade them from oppoſing the mariage with Spain; wherein he hath this memorable paſſage to juſtifie the lawfulneſſe of a neceſſary defenſive war for the preſervation of Religion and Liberties: We have leiſure to ſee the ſtorme come, and to prepare for our own preſervation: Finally, having continued conſtant in our Duties, if they ſeek to deprive us of our Religion, and to take that from us wherein our libertie and ſafetie depends, purchaſed by the blood of our Fathers and our own, and granted unto us by that great King Henry the fourth, the reſtorer of France; we ſhall enter into this comerce full of juſtice and true zeale, finde againe in our breaſts the courage and vertue of our Anceſtors: We ſhall be ſupported IN OVR JVST DEFENCE by all good Frenchmen, aſſiſted by all Princes and Eſtates which love the true Religion, or the good of this State; and in a word, we ſhall be favoured of the bleſſings of God, whereof we have hitherto had good experience in our Arms, and which will be to the glory of his Name, and the ſpirituall advancement of our Churches. After which the Duke of Rhoan and Proteſtants, in defence of their Religion and Liberties, joyn with the Princes and Nobles: At laſt both ſides came to Articles of agreement made at Luudun, Anno 1616. whereof theſe were a parcell, That the grievances of the generall State ſhould be ſpeedily anſwered; That Soveraign Courts ſhould be preſerved in their authority, and the Remonſtrances of the Parliament and Peers conſidered of; That ſuch as had been put from their Offices, ſhould be reſtored; That all moneys they had taken out of the kings Revenues, ſhould be diſcharged; All Edicts of pacification granted to them of the Reformed Religion, obſerved; The prince of Conde and all thoſe of either Religion, who had aſſiſted him in this war, held for the Kings good and loyall ſubjects; all illegall Impoſts removed; and all priſoners taken on either ſide, ſet at liberty. Anno 1617. the King and Queene Mother ſeizing upon the Prince of Conde his perſon, and ſending him to the Baſtile, upon falſe pretences of diſloyaltie and treaſon, cauſed new inſurrections, warres, and tumults; and the Princes hereupon meeting at Soyſſons, reſolved to make open war, to ſeize on the Kings Revenues, and to fortifie thoſe Towns and Caſtles which they held in their Government; which they executed; and withall ſet forth a Remonſtrance of their grievances unto the king, complaining eſpecially againſt the Marſhall of Ancre and his Wife, with their adheronts, who were the cauſes of all their miſeries; who having drawn unto himſelfe the whole adminiſtration of the Realme, made himſelfe master of the Kings Councels, Armies, and Forts; thereby ſuppreſt the lawfull libertie and Remonſtrances of the Parliament, cauſed the chief Officers to be impriſoned, and was the cauſe of the violence done to the Prince of • onde, firſt Prince of the Blood: To the end therefore that they might not be reproached to have been ſo little affected to his Majeſtie, ſo ungratefull to their Countrey, and ſo unfaithfull to themſelves and their poſterity, as to hold their peace, ſeeing the prodigious favour and power of this ſtranger; they beſeech his Majeſtie to provide by convenient means for the diſorders of the Eſtate, and to cauſe the Treaty of Loudun to be obſerved, and to call unto his Councels the Princes of the Blood, with other Princes, Dukes, Peers, ancient Officers of the Crowne and Councellors of State, whom the deceaſed King had imployed during his reigne. Withall they publiſh a ſolemne Declaration and Proteſtation, for the reſtoring of the Kings authority, and preſervation of the Realme. againſt the conſpiracie and tyrannie of the Marſhall of Ancre, and his adherents: Who finding no ſafetie in the ſettling of juſtice, reſolved to make triall of his power, by violating the publike faith, thereby to plunge the Realme into new combuſtions, conſpiring to deſtroy the princes of the blood, of Peers, and chiefe Officers of the Crowne, and to oppreſſe them altogether, with the State, who might be an obſtacle to his ambitious deſignes. To which end he raiſed falſe accuſations againſt them, as if they meant to attempt the Kings and Queen Mothers perſons; and cauſed the King to go in perſon to his Court of Parliament to publiſh a Declaration, whereby they were declared guilty of Treaſon; though at laſt being better informed, he declared them to be his good Subjects, and cauſed De Ancre to be ſuddenly ſlain in the Louure, and his Wife to be legally condemned and executed: Vpon which the new Councellors and Officers advanced by him, were removed, the old reſtored, the Princes reconciled to the King, and by him declared for his good and loyall ſubjects: Vpon which followed a generall aſſembly of the Eſtates, wherein divers grievances were propounded, and ſome redreſſed; the King therein craving their advice for the ſetling and ordering of his Privie Councell.Ibid. p. 220. 3 • 306. Anno 1620. there happen differences between the King and Queen Mother, who fortified Towns, and raiſed an Army againſt the king; at laſt they came to an agreement, and were reconciled. The two following years were ſpent in bloody civill warres betweene the King and thoſe of the Religion, who avowed their defenſive warres lawfull; which at laſt concluded in peace: that laſted not long, but brake out into new flames of war, by reaſon of the great Cardinall Richelieu, who of late years See the Synopſis of his life. proved the greateſt Tyrant and Oppreſſour that France ever bred, reducing both Nobles, Gentlemen, and Peaſants into abſolute ſlavery and vaſſallage, to make the King an abſolute Monarch of France, and himſelfe both Pope and Monarch of the world: But he lately dying by the of Divine Iuſtice of filthy Vicers and Diſeaſes, and the King ſince being (ſome ſay) poyſoned by the Ieſuites, who murthered his two immediate Predeceſſors: wiſe men conjecture the French will now at laſt revive and regain their ancient, juſt, hereditary freedom, rights Liberties, and caſt of that inſupportable yoke of bondage under which they have been oppreſſed for ſundry years, and almoſt brought to utter deſolation.

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

From France I ſhall next ſteer my courſe to the Kingdomes and Kings of Spaine, whom Iacobus Ʋaldeſius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hiſpaniae printed at Granado, 1602. profeſſedly under takes to prove, to be of greater dignity, and to have the Precedency of the Kings and Kingdoms of France, which Catalogue Gloriae mundi, pars. 5. Conſid. 29, 30. Andrew Favine Theatre of Honour, l 2. c. 12. See Caemillus Barellus de Regis Catholici Praeſtantia, &c Generall Hiſt. of France, p 90 • . Caſſanaeus and all French Advocates peremptorily deny. The firſt Kings of Spain, over-run by the Goths and Wiſigoths, are thoſe their Writers call the Gothiſh Kings, who as Michael Ritius de Regibus Hiſpaniae, L. 1, & 2. Iohannis Mariana de rebus Hiſpaniae, L. 2, 3. the Generall Hiſtory of Spain, and othes affirme, were elected by, and had their authority from the people: You may reade their lives and ſucceſſions at large in theſe Authors, and finde See Ioannis Mariana de Rege & Regis, Iuſtit. l. • . c. 3. p. 33. Hieron. Blanca Rerum Arag Comment. See concil. Toletanum. 8. Surius, Con. T. 2. p • 64. • 65. ſome of there diſ-inherited and depoſed by their ſubjects, others of them in ward during their minorities to ſuch as the State appointed; others murdered, but all of them ſubject to the Lawes of their Realms, as it is evident by the expreſſe ancient Law of the Wiſigoths, having this Title; Ioannis Piſtorius Hiſpaniae illuſtratae Tom. 3. Leges Wiſigothorum, L. 2. c. 2 p. 859. Quod tam Regia poteſtas quam populorum univerſitas Legum reverentiae ſit ſubjecta; by other lawes thereto annexed, by Iohannis Mariana De Rege & Regis inſtitutione, L. 1. c. 9.Iacobus Valdeſius de dignitate Regum, Regnorum que Hiſpaia▪ pars. 1. c. 11. p. 135. Michael Ritius de Regibus Hiſp. l. 2. Gen. Hiſt. of Spain, •• 6. p. 168, 169. Thoſe whom they properly call Kings of Spain, had their royall authority derived to them, conferred on them by the people; upon this occaſion. Spain, being a Provinceſubject to the Roman Empire, was ſpoyled, over-runne and poſſeſſed by the barbarous Moors for many years; in which time the Spanyards oft ſolicited the Roman Emperours for ayde to expell the Moors, but could gain none. Whereupon to free themſelves and their Countrey from ſlavery, they choſe one Pelagius for their Captain, by whoſe valour they conquered the Moors, and thereupon by unanimous conſent Elected and Crowned Pelagius King of Oviedo, whom the Spaniſh Writers mention as the firſt King of Spain: And this their deſertion by the Emperours, the Spaniſh Writers generally hold (and (g) Iacobus Valdeſius proves it largely) to be a ſufficient lawfull ground for the Spanyards; even by the generall law of Nations, to caſt off their ſubjection to the Roman Empire, and to elect a King, erect a Kingdom of their own, exempt from all ſubjection to the Emperor, ſince they purchaſed their own libertie and Countrey from the Gothes by conqueſt, of themſelves alone without any aide or aſſiſtance from the Roman Emperours, to whom (for this reaſon) they hold themſelves and their Kingdom no wayes ſubject; yet for all this they deem their Kings inferiour to their whole Kingdoms, and cenſurable, yea depoſable by them, as is cleer by the 〈…〉 p. 879. 810. forecited paſſage of the Biſhop of Burgen, (Ambaſſadour to the King of Spain, in the Councell of Baſill, and by Johannis Mariana the Jeſuites Book, de Rege & Regis Inſtitution, dedicated to Philip the third, King of Spain, printed at Madrit in Spain, by this Kings own speciall priviledge, Dated at Madrit, January 25. 1599. and after this reprinted at Mentz in Germany, Anno 1605. Cum privilegio ſacrae Caeſariae Majeſtatis, (to wit, of the Emperour Radulph the ſecond) & permiſſu Superiorum; who certainly would not thus ſpecially approve, authorize this Book for the Preſſe, had it maintained any Poſitions contrary to the Laws, or derogatory to the Prerogative Royall of the Crownes and Kingdoms of Spain, though other States cannot ſo well digeſt it. In this very Book the Authour (who hath likewiſe written a large Hiſtory of the affaires and Kings of Spain) profeſſedly maintains (in a ſpeciall Lib. 1. De Regum, Inſtit. cap. 8. p. 68, &c. Chapter, wherein he debates this Queſtion, Whether the power of the Republike, or King be greater?) That the whole Kingdom, State and People in every lawfull Kingdom, and in Spain it ſelfe, are of greater power and authority then the King: His reaſons (which I have for brevity digeſted into number in his own words) are theſe: Firſt, becauſe all Royall Power that is lawfull, hath its originall from the People, by whoſe grant the firſt Kings in every Republike were placed in their Royall Authoritie; which they circumſcribed with certain laws and ſanctions, leſt it ſhould too much exalt it ſelfe to the diſtruction of the Subjects, and degenerate into a Tyrannie. This appears in the Lacedaemonians long ſince, who committed onely the care of Warre and procuration of holy things to the King, as Ariſtotle Writes. Alſo by a later example of the Aragonians in Spain, who being incited with an earneſt endeavour of defending their libertie, and not ignorant how the hights of Libertie are much diminiſhed from ſmall beginnings, created a middle Magiſtrate, like the Tribunall power (commonly called at this time Aragoniae Iuſtitia, the Juſtice of Aragon) who armed with the lawes, authoritie and endeavours of the people, hath hitherto held the Royall Power included within certain bounds; and it was ſpecially given to the Nobles, that there might be no colluſion, if at any time having communicated their counſell among themſelves, they ſhould keep aſſemblies without the Kings privity, to defend their Lawes and Liberties. In theſe Nations, and thoſe who are like them, no man will doubt, but that the authoritie of the Republike is greater then the Kings. Secondly, becauſe in other Provinces where the people have leſſer and the Kings more power, and all grant the King to be the Rector and ſupream Head of the Commonwealth, and to have ſupream authoritie in managing things in times of warre or peace; yet there the whole Commonwealth and thoſe who repreſent it, being choſen out of all Eſtates, and meeting together in one place, (or Parliament) are of greater power to command and deny, than the King, which is proved by experience in Spain, where the King can impoſe no Taxes, nor enact no Laws if the people diſſent or approve them not: Yea, let the King uſe art, propound rewards to the Citizens, ſometimes ſpeak by threats to draw others to conſent to him, ſolicite with words, hopes, and promiſes, (which whether it may be well done we dispute not:) yet if they ſhall reſist, their judgement ſhall be 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 exception, without counſell and reaſon, when they had no neceſſitie to do it, that ſo the Prince ſubject 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 degenerate 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 Saying of Theopompus: For Princes who impoſe a Bridle on this greatneſſe, more eaſily govern 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 Burgeſſes of Cities;Note. which cuſtom at this time is ſtill retained in Aragon and other Provinces; 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 into 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 learned 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 inferiour 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 diſagree 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 Republike 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 treaſury; 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 aſſembly, 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 Commonwealth, for the Authority of the Prince yet ſo as to retain their royall principality in order 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 Mariana, who in his next Chapter (worthy reading) proves at large by invincible arguments, De Rege & Regum Inſtit. 〈◊〉 . c. 9. 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 inculcated into thy mindes of Princes from their infancy, and to be beleeved, yea oft conſidered 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 Govern • as others of the blood, he may be lawfully put from the Crown, and another of their Race lawfully ſubſtituted King in his place by the whole State, eſpecially when the good or ſafetie of the Commonwealth requires it; becauſe the ſafety of the people is the ſupremoſt Law, and what they by common conſent have Enacted onely for the publike ſafetie, they may without any obſtacle alter, when things require it, by like common conſent; eſpecially, becauſe the hereditary Rights of reigning are for the moſt part made, rather by the diſſimulation of the People, not daring to reſiſt the will of former Princes, then by their certain will, and the free conſent of all the Estates: That he which is thus ſettled by conſent of all the Estates hath a juſt Title againſt the next Heir of the Blood and his Iſſue, who are put by the Crown; elſe divers Kings and Princes now reigning in Spain & elſwhere, ſhould be uſurpers and want good Titles to their crownes, they or their 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, deprive him, and ſubſtitute another in his place; which (ſaith he) hath been done more then once in Spain: Thus King Peter was publikely rejected for his cruelty to his ſubjects, and Henry his Brother (though of an unclean Mother) obtained the Crowne: ſo Henry his Nephewes Nephew for his ſlothfulneſſe and evill manners was depoſed by the Nobles ſuffrages, and Alphanſo his Brother, though but a yong child proclaimed King. After his death Elizabeth, (Henry his ſiſter) had the chiefe government of the Realme leaving Henry. And for a concluſion he addes, That ſuch a Tyrannicall King continuing incorrigible after publike admonitions of the whole State, if there be no hopes of amendment, may not onely be depoſed, but put to death and murthered by the whole State, or any particular perſons by their appointment; yea without it, (a note ſomewhat above Ela) if he be declared a publike enemy by the whole state; and in caſe the whole states cannot publikely aſſemble by reaſon of ſuch a Princes knowne notorious tyranny, he writes, That then in ſuch a caſe it is lawfull for any private man to murther him, to free the Countrey and Kingdome from deſtruction. Adding, that it is a wholſome meditation for Princes to be perſwaded, that if they oppreſſe the Common-wealth, if they become intoller able thorow vices and filthineſſe,The generall Hiſt. of France, p. 833, 834, 1178 1179. 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 juſtifying the Guiſes Rebellion) are yet authorized as Catholike and Orthodox by the most Catholike King of Spaine, and the Emperour of Germany, in whoſe Kingdomes they paſſe for currant coyne, the moſt dangerous of them being ſeconded, not onely by Hieronymus Blanca in his Aragonenſium Rerum Commentariis, Iohannis Piſtorius Hiſpaniae Illuſtratae, &c. and other Spaniſh Hiſtorians collected by him, but likewiſe bySee Doctor Iohn White his Defence of the way, c. 6. where their words are quoted for tyranny and miſgovernment. The Gen. Hiſt. of France, p. 847 914, 915. 1179, 1180, 1181, 1182, 1183, 1190. Alvarius Pelagius, Cardinall Tolet, Capiſtranus, Dominicus Bannes, Franciſcus Victoria, Simancha Patenſis, Gregory de Valentia, Suarez, the Doctors of Salamancha, Becanus, Bellarmine, with other Spaniſh Ieſuites & Writers, who moſt heretically affirme, That even the Pope alone either with or without a Councell, for hereſie (as they deem it) and obſtinacy againſt the See of Rome, may excommunicate, cenſure, depoſe, kill, or murther any Chriſtian Princes, depoſe them from their thrones, diſpoſe of their Crownes to others at their pleaſures, abſolve their ſubjects wholly from their allegeance, and give ſubjects power to riſe up in armes againſt and murther them by open force or ſecret treachery; which Biſhop Bilſon truly affirmes to be farre more dangerous and derogatory to Princes, then to attribute ſuch a power, not to any particular perſons but to their own whole Kingdomes and Parliaments onely: who being many in number, of the ſame Nation and Religion with, and having many dependances on, and many engagements by oath, duty, favours, benefits to their Princes, leſſe malice againſt them, judging onely according to the fundamentall Lawes of the Realme, and former preſidents of their Anceſtors, and aiming at nothing but their Kingdomes ſafety, are like to be more juſt indifferent Iudges of their Princes action when queſtioned, then the Pope, a meer enemy and forraigner; who proceeds by no other authority, but what he hath unjuſtly uſurped from Kings, and by no other rules but his owne will, pride, malice, honour, or profit. I have thus given you an account of the Kings of Spaines ſubordination to their whole kingdomes and Lawes in point of Theſis and poſitive Doctorine approved by themſelves, profeſſed by their eminenteſt Writers, I ſhall now proceed to Hiſtoricall examples to confirme it in point of practiſe.

Munſt. Coſ. l. c. 20. p. 75. Roderici Arc ••• p. Toletani De Rebus hiſp. l 4. 2. l. 5. c. 1, 2. Gen. hiſt. of Spa. 16 Ordogno the 14. king of Caſtile, ſummoned 4. Earles of Caſtile to appeare before him, who refuſed to goe to the warres againſt the Saracens, promiſing them ſafe conduct, not withſtanding he commanded them to be apprehended, impriſoned and ſlain; for which bloody Treachery thoſe of Caſtile rebelled againſt him, rejecting his government, and providing for the ſafety of them and theirs, Duos Milites, non de potentioribus, ſed de prudentioribus eligerunt, quos & Iudices ſtatuerunt, &c. They elected two prudent Knights of their owne to be their Magiſtrates and Iudges, to governe them, to manage their warres, and adminiſter juſtice to them: the one was named Flaevius Calvus, the other Nunius, ſurnamed de Raſura, whoſe Son Gondeſalvus after his Fathers death, was ſubſtituted in his place, made Generall of the Militia; (Principatum Militiae addiderunt) and his ſon after him, tam à Magnatibus & Militibus, quàm AB ƲNIVERS IS POPƲLIS CASTELANIS, made Earle of Caſtile, and all ſubmitted themſelves to his government, rejecting the Dominion both of Ordogno and his brother King Froila after him, for their tyranny and trechery.Rodericus Toletanus de Rebus Hiſp. l. 4. c. 19. Alphonſo the great King of Gallecia about the yeere of Chriſt 918. impriſoning his eldeſt ſonne Garſias, laying him in irons and exerciſing other cruelties, was by the practiſe of his owne Queen Semena and his other ſonnes and Nobles, ſo proſecuted and put to ſuch ſtreights; that they enforced him to reſign his Crown to his ſonne Garcias, and to deprive himſelfe of his gouernment in the preſence of his ſons and the grandees of his Realm; after which he requeſted his ſonne to raiſe and grant him an Army to goe againſt the Sarazens, who condeſcending thereto, hee gained a glorious Victory ouer them, and ſo dyed Roder. Tol. l. • . c. 4, 5. Munſt. Coſ. l. 2. c, 20. Gen. hiſt. of Spain. l. 7. 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.Munſterii Coſmogr. l 2. c 20. p 78. Gen. Hiſt. of Spain. Iohn the firſt, the 35 King of Caſtile after the death of Ferdinand King of Portugall claimed that kingdome in right of Eleanor his wife and next Heire, but the Portugals elected Iohn, a beſtard, a Knight of the blood Royall for their King, and excluded Eleanor. Henry the 4. the 38. King of Caſtile, having no children lawfully begotten, would have made Elizabeth his baſtard daughter heire to the Crown; but the Nobles would no wayes permit it, and reſiſting him with all their might, preferred his own ſiſter Elizabeth to the Crown, and married her to Ferdinand the 6. ſonne to Iohn King of Arragon, rejecting his ſpurious daughter. And Frier Iohn de Teixera i • his Book of The Originall of the Kings of Portugall, affirmes, that the Kings of Portugall were uſually 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 Portugall, were thus elected. Which thoughCenſurae in F. Ioſeph Teixerae libelli • c. 75. to 83. De vera Regum Portugalium Geneologia, lib. in the 2. Tom. of Ioannis Piſtorius Hiſpaniae illuſtratae. Duardus Nomus Leo, a Portugois Lawyer denyes, and ſeemes to refute; yet he grants freely, that the Parliament or Aſſembly of the Eſtates in Portugall have uſually determined the Title, Right, and ordered the Succeſſion of that Crown in the Caſes of theſe Princes, and determined of their Legitimate or ſpurious birthes: That when the Kings of Portugall have dyed without Heires, they have BY THE LAW OF ALL NATIONS freely elected whom they thought meeteſt for their King: And that after the death of King Ferdinand, they put by Iohn and Ferdinand the ſonnes of King Peter, begotten of Agnes de Caſtro his Concubine, from the Crown, becauſe they were baſtards; and moreover enemies to the name and Realme of the Portugois, entring with Henry and Peter Kings of Castile, in an hoſtile manner with an Army into the Confines of Portugall waſting them every where, and doing great dammages to, and committing many murthers among their Citizens; for which reaſon, the States aſſembled at Coimbri, reſolved, that although they were legitimate, yet THEY COƲLD NOT OBTAIN THE SƲCESSION OF THAT KINGDOME, quod ſe hoſtes & alienos a Portugalia declaraſſent, becauſe THEY HAD THVS DECLARED THEMSELVES ENEMIES AND ALIENS TO PORTVGALL. And therefore beleeving the Kingdome to be void for want of a right heire to ſucceed, in which caſe, BY THE LAW OF ALL NATIONS THEY MIGHT LAWFVLLY ELECT THEM WHAT KING THEY PLEASED, they choſe Iohn the Baſtard, King. After which he ſhewes, that Philip the 2. his Title to the Crown, was long debated by, and reſolved in the Aſſembly of the States of Portugall in the life of king Henry, who ſummoned all the Pretenders to the Crown to come and declare their Titles to it in a Parliament held at Almierin, upon the Petition of the Senate and People, who earneſtly preſſed him, that the Title of the crown might be ſetled and diſcided during his life, to prevent diviſion and civill warres after his death: By which it is apparent, that the Aſſembly of the Eſtates of Portugall, is the moſt Soveraign power and above their kings themſelves.

It is clear, that the Gothiſh kings which reigned in Spain were not hereditary, but elective, yea, cenſurable, excommunicable, and deſpoſable by them for their Maleadminiſtrations. 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. 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.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. 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,

Gen. hiſt. of Spain, l. 5 p. 139 140. 145. Rod. ſanct. hiſt. Hiſp. pars 2. c. 15. 22. Theodiſcle the tenth king of the Goths in Spaine, giving himſelf to luſts and adulteries, polluted great and honeſt families, corrupted Nobles wives, and committed many murthers; whereupon the chiefe of the Goths conſpiring againſt him, ſtrangled him at Sevill •• 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. Gen. hiſt. of Spain, l. 5. p. 146 Suintilla the 20. king of the Goths, in the beginning was a good Prince, but in the end he grew exceeding covetous and cruell; wherefore the Goths made him reſign his Kingdome about the yeare 630. and deprived him of the crowne, he was likewiſe excommunicated by the Biſhops (whoſe power at that time began to equall that of Kings) at the Councell of Toledo; which interdicted him, with Geilands brother, their wives and children, the communion and fellowſhip of the Church, and the poſſeſſion of their goods gotten by violence and tyrannicall meanes; and Siſenand his adverſary, with the conſent of the people, obtained the Kingdom. The 6.Gen. hiſt. of Spain, l. 5 p 147 Concil. Toletanum 6. c. 3. Suris Concil. Tom. • p. 742. 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 the Surius Concil. Tom. 2 p. 739 740. Mariana de Reb. hiſp. 〈…〉 . 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 new Surius Concil. tom 2. p. 744 745. Mariana de Rebus Hiſp. l. 6. c. 9. Canons in the 6. Councell of Toledo under this king, Can. 14, 15 15, 17, 18. with this addition; That the king being dead, none ſhould 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 manners, ſhould be promoted to the Throne of the Kingdome; nor no man attempt the Princes deſtruction, life, or uſurp his Crowne tyrannically, under pain of being 〈◊〉 with a perpetuall Anathema, and eternall condemnation, for breach of any the premiſes. Theſe Councels, as Mariana obſerves, were in truth Generall Aſſemblies of the Eſtates, where they handled not only matters of Religion, but likewiſe of the Commonweale by common conſent of all. Bamba the 26. king of the Goths (after 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. 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 deſire to reign. Anno 672. After which Eruinge ambitious of command, poiſoned king Bamba, ſo as he became madde; for curing whereof many naturall and ſuperſtitious medicines were applyed, but to ſmall effect; ſo as Bamba coming a little to himſelf again, and finding his diſabilitie to govern, willingly quit the Crown, and retired himſelfe into a Monaſtery at Pampliga, where he lived ſeven years and one moneth, and Sarius Concil. p. •• 4. Mariana de Reb. Hiſp. l. 6. c. 17. Eruinge was choſen king in his place, whoſe Election was confirmed and allowed lawfull in the 12 Councill of Toledo, Can. 1. as Elected thereto by God, and ALL THE PEOPLES DESIRES; whom this Councell abſolved from their Oath of allegiance formerly made to King Bamba, whiles he held the Kingdom. In the Generall Hiſt. of Spain. l. 5. p. 151. thirteenth Councell of Toledo under this King Eruinge. Anno 684. it was decreed, That neither the King nor any other ſhould marry the Widow of the deceaſed King, upon pain of excommunication, and to be damned to Hell fire.

Vitiza 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. 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 infamy and diſhonour of Kings, being full of all exceſſe of luſt, impiety, hypocriſie and diſſimulation, and exceeding in all vices without ſhame; he filled his Palace with many Wives, which he married, and Concubines too; he publikely allowed to all men, Nobles, Commons, Prieſts and Clergy, to marry as many wives, and keep as many 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,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, Rodorick obtained the Corwn; who ſoone after exceeded Vitiza in all manner of vices, cruelty, and tyrannie, and raviſhed the daughter of Iulian Earl of Cava, whiles he was in embaſſage in Affrick for the affairs of the kingdom; Who to revenge this indignity, and caſt out this wicked Monſter, Anno 713. called the Mores into Spain, who over-ran and conquered the Kingdom, deſtroyed Rodorick, and put a Period to the Gothes kingdom in Spain. Thus Tyrannicall vitious Princes ruine at laſt both themſelves and their Realms.

Among theIn Iohannis Piſtorius, Hiſp. Tom. 3. p. 859, 860. Lawes of the Wiſigothes, Lib. 2. c. 2. 6. I finde not onely an Act declaring their Kings to be ſubject to their Lawes as well as ſubjects, but likewiſe a Law reſtraining their Kings exceſſes, and diſ-inabling them to alien their Crown lands or revenues to their own Children or others, but onely the Lands which themſelves ſhall purchaſe; which was likewiſe decreed in the eighth Surius Concil. Tom. 2. p. 864, 865. 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 congere • e lucrum; & 〈◊〉 , quod reges ſunt vocati, defenſionem in vaſtationem converſunt, 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 jure confundi, ut voluti ex debito deſcernant haec in liberorum poſteritatem tranſmitti: Reſolving, that non perſonae ſed 〈…〉 ſubdi debere, non habenda parentali ſucceſſione, ſed poſſidenda regali congreſſione; regem terrenum jura faciunt, non perſona, &c. I likewiſe finde another 〈…〉 l. • . c. 28. p. 869. and l. 6. 〈◊〉 p 936. 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 Delinqu • 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, Proco • Vand. 〈…〉 c. 20. l. 4. c 35. Grotius de Enc. Belli, l. 1. c. 3. Sect. • 1. Cenſures, Depoſitions, for their male-adminiſtrations, vicious lives, and not ſucceſſive but elected by them.

Gen. Hiſt of Spain, l 6 p. 63 171, 172, 173, 174, 175, 177. Ma •• ana de 〈◊〉 Hiſ • . l. 7. 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 Alhatan and others. His ſonne king Faſila was ſlain by a Bear which he purſued in the mountains: I doubt his Subjects would have reſiſted him as well as the Bear, had he made war upon them. Froila the fourth king of Ovedo treacherouſly ſlew his own brother 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 brother 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; whereby 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. 〈…〉 l. 6. p. 183 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.Gen. Hiſt. of l. 7. p. 211. 226. Mariana de rebus Hi • p l. 8. c. 8. Ramir the third, twentieth king of Leon, abandoning himſelf to a voluptuous life, contemned all good counſell, ſo as the Earls and Noblemen of Gallicia ſeeing his folly,* Ioan Vaſael Hiſp Chron. An 809. p. 714. and diſcontented with his vices, ſcorned him, and would no more acknowledge him to be their king, electing Bermund for their Soveraigne, and intituled him king of Gallicia, which title he enjoyed ten years: About which time the Moors in Spain which had one king reigning at Cordova, after the death of king Mahomet, made ſo many petty kings, as there was ſcarce any good town in Spain, but had a particular King, which made ſtrict alliances among themſelves, for the preſervation of their eſtates. • en. Hiſt. • f Spain, l. • . p. 242. Mariana de rebus Hiſp. l. 9. c. 8. 9. Anno • 07 • , Garcia king in Gallicia growing a tyrant, ſpoiled and ill intreated his Subiects, governing himſelf after the appetite or a baſe woman, who put the Nobilitie and Gentry in favour or diſgrace with the king as ſhe pleaſed, ſo as in the end growing inſupportable, certain Knights ſlew her in the kings preſence; His brother Sancho taking advantage of the peoples hatred, entred his Realm with a great Army; who thereupon being deſerted generally by his people, fled to the Moors for ayd, and fell to ſpoil his own Countrey, after which he was defeated, taken priſoner, and ſo kept in the Caſtle of Lune with a good Guard till his death.

I read in De rebus Hiſp. l. 9. c. 5. Iohn Mariana, that in the Councill of Florence under Pope Victor the ſecond, Anno 1055. Hildebrand a Cardinall Deacon Embaſſadour to Henry the ſecond, Emperour of Germany, complained in the Councill againſt Ferdinand king of Spain, in the Emperors Name, That againſt the Cuſtom of his Anceſtors and preſcript of Laws, he did with incredible arrogancy and levity hold himſelf exempt from the power of the Roman Empire, which iniury himſelfe could gladly ſuffer, if there were no other loſſe but of his own honour; But ſince the eſtate of Chriſtendom could not well ſubſiſt, and the Popes Authority would likewiſe be impaired, unleſſe all Chriſtian kingdoms were united and knit together under one temporall head the Emperour, whom they ſhould obey; they ought to ſuppreſſe the ſpringing temerity in the Wombe, leſt by their neglect ſpreading it ſelf into other Provinces, animated with the ſweet, and oft-times deceitfull name of libertie, the ſacred Majeſtie of the Empire and Popedom ſhould be reduced to an empty title; wherefore he deſired them to interdict all Spain, and excommuniate the King; which if they did, he would be aſſiſtant to the Churches honour and Republiks ſafety then indangered: But if they refuſed it out of fear, he would not be wanting to the honour of the Empire, & would certainly look to himſelf in private. The Pope after ſome deliberation, approved this motion as juſt, & thereupon ſends Legats to Ferdinand in his own and the Councils name, to ſatisfie the Emperors demands forthwith, under pain of preſent excommunication. The King doubtfull and fearfull whether to obey or not, ſummons a generall Aſſembly of the Eſtates of the Realme: The Clergy and religious ſort of men perſwaded ſubmiſſion, for fear of the Popes excommunication; the fearfuller ſort concurring with them, by reaſon of the Emperours power and their own weakneſſe and diſtraction, and the Kings deſires of peace, inclined moſt to their opinion. But ſome heroick ſpirits thought that a moſt grievous yoke ſhould thereby be laid on the liberty of Spain; which being once admitted on their necks, they ſhould hardly ſhake off again; that it was better to die fighting, then that the Republike ſhould be involved in ſo great a miſchief and indignitie. Rodoricus Diacius, a noble Spanyards opinion (then abſent from the aſſembly) being required by the king and it, anſwered. That this was no matter of Counſell: that what was gotten with Arms was to be defended with Arms; that it ſeemed moſt unjuſt, that the fruit of others valour ſhould return to thoſe who in their loſt condition had not communicated in the labour and danger which recovered it; that it was better to die valiantly, than to loſe the liberty gained by their Anceſtors, to become a mocking-ſtock to a barbarous and cruell nation, who contemned all men but themſelves; whoſe ears were proud, whoſe ſpeeches contumelious, whoſe acceſſe difficult, riotings new, cruelty inhumane; Shall we who have yet hardly eſcaped the ſervitude of Moors, undergo a new bondage prepared from the Chriſtians? They will deride both us and ours. Doth the whole world, as farre as Chriſtianity extends it ſelfe, obey the German Emperours? Shall all the grace, power, honour, riches, gained by ours, and our Anceſtors blood, give place to the Germans? Shall they leave dangers, repulſes, iudgemen, want to us? Shall Germany again lay on us the yoke of the Roman Empire, which our Anceſtors have ſhaken off? Shall we be a vulgar people without grace, without Empire, without authority, obnoxious to thoſe, to whom if we had vigorous mindes, if we were men, we might be a terrour? But it is difficult to reſiſt the Emperous endeavours, not to obey the Roman Pontifs commands; verily it a baſneſſe of ſpirit, for an uncertain fear of war, to involve the Commonwealth in moſt certain dangers: many things are effected by triall, which ſeemed difficult to ſlothfull men. I know not what ſtupidity hath ſeized on many, whom neither glory moves, nor the infamy of the wretchedneſſe, thinking it great liberty enough if they be freed from ſcourges? I ſuppoſe the Popes ears will not be ſo averſe to our affairs, that he will not be moved with our moſt juſt prayers, and the equity of the cauſe; Let ſome now be ſent, who may boldly defend the cauſe of our liberty before him, and teach him, that the Germans demand unjuſt things. Mine opinion is, that the liberty gained by our Anceſtors, is to be defended with arms againſt the attempts of all men, and with this my ſword I will maintain, THAT THEY ARE MOST WICKED TRAITORS TO THEIR 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 Roderic prevailed, in purſuit whereof they raiſe an army of ten thouſand men, whereof he was made Generall; they ſend Ambaſſadours to the Pope and Councill, whereof Roderic was chief; and upon a full hearing of the cauſe before Rupert Cardinall of Saint Sabria, the Popes Legat, at Tholouſe, judgement was pronounced for the liberty of Spain, and it was decreed, That the German Emperors ſhould from thenceforth have no power nor juriſdiction over the Kings of Spain; which was afterwards confirmed by the cuſtomes of the people, the conſent of other Nations, the publike reſolution and judgement of Lawyers; as Iacobus Valdeſius in his Book de dignitate Regum Hiſpaniae printed 1602. Cap. 18. proves at large.

Lib. • . p. 240 The Generall Hiſtory of Spain, records, that the Councill of Florence reſolved, that ſeeing the Kings of Spain had defended and conquered their Realms by Arms, without any ayd from the Emperours, they were free and exempt from all ſubjection and acknowledgement to the Emperors; whereof we may read the Gloſſe upon the Chapter Adrianus 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 deſerted or deſtroyed by them.

Gen. Hiſt. of Spain, l. 8. p. 243 Anno 1083. Sacho Ramires king of Aragon, to ſupply the charges of his wars againſt the Moors, was ſometimes forced to uſe the revenues of his Clergy, his Treaſure being not able to furniſh ſo great a charge; but the Biſhops of his Countrey, who affected nothing more but to enrich their own Order and State, oppoſed themſelves againſt him, and afflicted him in ſuch ſort, as putting him in a vain fear, that he was damned for this cauſe, They made him do Penance in the Church of Roda before Saint Vincents Altar, in the preſence and at the pnrſuite of Raymund Dolmare, Biſhop of that place, the Biſhop of Jarca, and others, and to confeſſe publikely, that he had grie • ouſly offended. Thus theſe good Fathers publikely inſulted over their Soveraigne.

Gen. hiſt. of Spain, l. 8. p. 256. 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,Hyeron. Blancae Arogen. Rerum. Com. in Sanct. 4. p. 625. Gen. Hist. of Spain, l. • p. 243. but the Navarroyes expelled him out of their confines, diſdaining that he ſhould raigne over them, who had embrued his hands in his kingly brothers blood, and ſending to Sancho Ramires, 4. king of Aragon, called him to raigne over them, becauſe their ſlain kings ſonnes were too young to raigne, and protect them from their enemies; by which meanes the kingdomes of Arragon and Navarre were united.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. 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 Alphonſo the 8. king An. 1122. allowing her onely a penſion to ſupport her life.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. Alphonſo King of Arragon by his laſt Will and Teſtament, moſt ſolemnly ratified, for the expiation of his ſins, gave divers crown Lands, Tenements, Revenues, and Legacies to Religious houſes and perſons, An. 1132. but being prejudiciall to the Crown, his Will after his death was held void and not put in execution: he being ſlain by the Moores An. 1134. the States of Arragon elected one Peter Tares for their King: who growing exceeding proud of his new dignity, began to deſpiſe the Nobles, and abrogate the Lawes and cuſtomes of the Country: And the Nobles (being aſſembled at a general Aſſembly of the States) going to viſit him, he comanded his Porter to ſhut them out, ſaying, that Mounſieur was buſie about matters of great importance, but they underſtood afterwards, that the great affairs cauſing him to exclude his friends were, his Barbar was trimming him: which ſo incenſed the Nobles and great men, that the next day they held their generall Aſſembly of the Eſtates without the King; where they firſt of all decreed to depoſe their new king, becauſe being • n honour he had no underſtanding of himſelfe, and becauſe they found he would grow more proud and inſolent afterwards: whereupon expelling Peter, the Eſtates aſſembling at Boria, elected Ramier a Monke, brother to king Alphonſo, for their King; who was much deriued of his Nobles for his Monkiſh ſimplicity, and at laſt turned Monk againe: But thoſe of Navarre thinking a Monk to be better acquainted with the matters of a Monaſtery then how to govern a Kingdome, and being jealous that the Arragonoys by chuſing a King of the blood Royall of Arragon, would by this meanes aſpire to the chief places of honour and favour in Court, it was concluded, that the Eſtates of Navarre ſhould aſſemble at Pampelone, where they choſe Garcia Remires their King of Navarre; and ſo the Realmes of Arragon and Navarre which had been united 58. yeers, were ſeperated in theſe two Kings. The Kingdomes of Spain being often before and ſince this time united and divided, as the people and Realmes aſſented or diſſented thereunto.Gen. hiſt. of Spa. l. 10. p. 307. to 312. 315. 321, 326. Not to mention the troubles of Caſtile by reaſon of the nonage of their king Alphonſo the fourth, of whoſe cuſtody and tuition the aſſembly of the Eſtates diſpoſed; or how ſome Knights of Caſtile ſlew a Iew, with whom this king was ſo enamoured, that he forgot his new Spouſe, and almoſt loſt his ſences. Anno 1179. king Alphonſo aſſembled the Eſtates of Caſtile at Burgon, to leavie a Taxe upon the people, whereto the Nobilitie, as well as the reſt, ſhould contribute, impoſing 5. Maravidis of gold for every perſon; but it took no effect: for all the Gentlemen 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 breakfaſt 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. Gen. Hiſt. of Spain, l 10. p. 339. Mariana de Reb. hiſp. l. 11. c. 23. (z) An. 1204. King Alphonſo the Noble called a Parliament of the Lords, Prelates and Deputies 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.

Gen. hiſt of Spain, l. 10. p. 346, 347. l. 11. p. 350, 351. 352. 353. 354, 355, 356. Iames the 8. King of Arragon being young at the time of his Fathers death, it was thereupon after ordained in the aſſemblies of the Eſtates of Mencon and Lirida, that Don Sancho Earl of Rouſſilon ſhould govern the Realm during the Kings minority; but they gave him limitation: The Kings perſon they recommended to Frier William of Moncedon, Mr. of the Templers: After which An. 1220. this yong kings Vncles ſeeking to wreſt the Realme from him inſtead of governing it, by the fidelity of the Eſtates and their authority, his intereſt was preſerved, and three Governours with a ſuperintendent of his Provinces were appointed by them; and to prevent the continuall practiſes of the Earles of Rouſſillon and Fernand the 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 Arragon 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 declared 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 Miraluminis 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 lawfull for them to make.

An. 1228. the Eſtates of Arragon aſſembling at Barcelona,(b) Gen. hiſt. of Spain. p. 363, 366, 367, 368. they conſenting and requiring it according to the cuſtome of the Arragonians and Cattelans, (theſe Eſtates having authority to make Warre and Peace, and Leagues) 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 proclaimed King. And anno 1236. The Eſtates of Arragon and Cateloigne aſſembled at Moncon for the continuance of the warre with the Moores and conqueſt of Valentia, without whom it was not lawfull for the King to undertake any matter of importance. For maintenance of this warre, a cuſtome called Marebetine, and an exaction of impoſt for cattell was by the Eſtates impoſed on the People; it was likewiſe decreed, that all peeces of Gold and ſilver coyned ſhould be of one goodneſſe and weight, to the obſervation of which Edict for coynes, all were bound to ſweare that were above 18. yeers of age.

Gen. hiſt. of Spain, l 11. p. 370. 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 promiſe to Thereſa of Bidame, ſhe ſued him thereupon before the Pope, who gave ſentence againſt her for want of ſufficient witneſſe, notwithſtanding his Confeſſors teſtimony: The King hereupon grew ſo angry with the Biſhop for revealing his ſecrets, that ſending for him to his chamber, he cauſed his tongue to be cut out: For which out-rage committed on the Biſhop, though faulty, the Pope in the Councell of Lions complained, and in the end interdicted all the Realme of Arragon, and excommunicated the king. Hereupon to take off this interdiction and excommunication, the king ſent the Biſhop of Valentia with his excuſe and humiliation to the Pope; wherewith he being 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 Prebendary in the great Church of Girone, for the maintenance of a Maſſe-prieſt. About which time theGen. hiſt. of Spain, l. 11. p. 372. 408. Moors in Spain erected many new Kings and Kingdoms by mutuall conſent, and Mahumad Aben Alamar for his valour, was by the Inhabitants of Mariona, elected and made firſt King of Granado.

Gen. hiſt. of Spain, l. 11. p. 377, 378. Anno 1243. all was in combuſtion in Portugall by the negligence and baſeneſſe of their king Don Sancho Capello, who was wholly given to his wives humours, hated of the Portugales, and himſelfe diſliked for her ſake: for many Malefactors and inſolent perſons were ſupported by her, who grew daily more audacious in their exceſſe, without feare of Iuſtice, which was trodden under foot, for their reſpect. For theſe conſiderations, and her barrenneſſe too, all the Noblemen of the kingdome deſired to have the Queen (called Mencia) ſeparated and ſent out of Portugall: for effecting whereof, they made a great inſtance at Rome, but neither exhortation, admonition nor commandment, nor cenſure could prevaile, the king ſo doting on her, that he would not leave her: Which the Portugals perceiving, ſome of them preſumed to ſeize on her in the City of Coimbra, and conducted her into 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.

Gen. Hiſt. of Spain, l. 11. p. 379. 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.

Gen. hiſt. of Spain, l. 12 p. 385, 386, 387. Anno 1254. Thibald the 2. king of Navarre being but 15. yeers old at the deſcent of the crown unto him, was at 25. yeers of age, declared of full age, and crowned King in the great church of Pampelone, where he did ſweare, TO PRESERVE AND AUGMENT THE PRIVILEDGES OF THE COVNTRY: Afterwards he doing homage to the king of Caſtile for the Realme of Navarre, as his predeceſſours had done before him, and making ſuch a peace with him as the prelates, Knights and Commonalties of the Realme in the States had approved, yet divers knights and the Inhabitants of the Borough of St. Iermin of Pampelone diſallowed this homage, this peace, and would not ſubſcribe to it, as tending to the kings diſhonour; whereupon the king did puniſh them by fines; but his choller being paſt, ſome few dayes after, conſidering they were good and faithfull ſubjects, loving his honour and greatneſſe, and that they reſiſted his will out of true love and zeale which they owed to the Crowne and their Countrey, hee cauſed their Fines to be reſtored.

Gen. hiſt of Spain, l. 12. p. 390, 397. Alphonſo the 3. fifth King of Portugall putting away his firſt wife Mahault without cauſe after he had children by her, and marrying Beatrix; hereupon when by no intreaties of Friends or the Pope he would entertaine his firſt wife again, he was excommunicated by the Pope, and his Realme interdicted 10. or 12. yeers ſpace, continuing ſtill obſtinate till his firſt wife dyed, after which he was abſolved.

Gen. hiſt. of Spain, l. 12. p. 〈◊〉 . 400, 401. Anno 1260. and in ſome yeere following, there were divers controverſies concerning the Crown Lands, and ſetling of Portions for the King of Arragons younger children, moved and determined in the Aſſembly of the Eſtates of Arragon: and the Nobility complaining, that their King Iames did breake their priviledges, made many Leagues and Factions. This matter being debated in the Estates at Saragoſſa, and then at Ex ea in the yeare 1265. for pacifying theſe troubles they enacted, That no honours nor military fees ſhould be given to any but to Gentlemen of race, and born in the Countrey. That no Gentleman ſhould be ſubject to the tribute of Cattell, nor to any other. That in all controverſies which the Nobility might have againſt the king or among themſelves, the Magiſtrate called the Iuſtice Major of Arragon ſhould be Iudge, being aſsiſted by the Councell. That the King ſhould not give the fees and Military rewards, allotted to them that doe him ſervice, as a recompence of their vertue and valour, to any of his lawfull children, who by right have their portions in the Realme. Anno 1274. Iames King of Arragon comming to the Councell of Lions, deſirous there to be crowned by the hands of Pope Gregory; (a ceremony whereof he made great account:) the Pope refuſed him, unleſſe he would acknowledge himſelfe vaſſall to the church of Rome, and pay the arrerages of the rent which the deceaſed King Don Pedro his Father had promiſed: the which King Iames would not doe, holding it an unworthy thing ſo to debaſe the greatneſſe of his Crowne, and reſtraine the Liberty of his Realme in any ſort. And this yeare there were great and continuall Tumults in Arragon, the Nobility oppoſing themſelves againſt the King: for compoſing which differencs the Estates of Arragon aſſembled in Parliament at Exea, where king Iames tooke the government and managing of the affaires of the Realme from his ſonne Don Pedro: and diverſe great Dons were there condemned of contumacy, and their Lands confiſcated by the Iuſtice Major of Arragon: In this Aſſembly the Nobility pleaded the Priviledges of 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 proteſt it publikely.

Gen. Hiſt. of Spain, l. 13. p. 397, 398. Anno 1265. Denis the infant King of Portugall deſired his Grandfather Alphonſo King of Caſtile to diſcharge the Realm of Portugall of the homage and vaſſallage it ought to the King of Leon, who thinking it would be taken ill by the Noblemen his Subjects, adviſed the infant to propound it in an open Aſſembly, called to that end. The opinion of Don Nugno de Lara was, that by no meanes he ſhould diminiſh the authority and greatneſſe of his Crown, which he ſhould doe, if he did quit this homage to the King of Portugall: For which opinion the King growing angry with him, the reſidue fearing the kings diſpleaſure, adviſed him to doe it: Whereupon the Realme of Portugall was freed from all homage and ſubjection due to the Kings of Leon and Caſtile: For which prodigality the other Nobles and D. Nugno were ſo much diſcontented, that they made a League with the King of Granado againſt their own King, for diſmembring Portugall from the Crown of Leon; to pacifie which differences the King uſed many mediations, and at laſt called an Aſſembly of the Eſtates at Burgos, the which was held without the Towne for the ſafety of theſe Confederates.

That great AſtronomerGen. Hiſt. of Spain, l. 12. p. 412. to 426. Alphonſo King of Caſtile, (who preſumed to controule the Author of Nature, ſaying; That if he had been at the Creation of the world, hee ſhould in many things have been of another opinion, and amended Gods workmanſhip;) was a moſt willfull, indiſcreet, unfortunate Prince; for his eldeſt ſonne Fernand dying in his life time, leaving Alphonſo and other iſſue males behind him, Don Sancho his ſecond ſon reſolved to diſpoſſeſſe his Nephews of the kingdom, ſaying; That it was fit▪ that he who was a Knight, and learned to govern a Realme, were it in warre or peace, ſhould raigne after his Father, rather then his Nephews, ſons of his eldeſt brother who were every young, having need of Regents and Governours, charges which were affected by great perſonages, who by reaſon thereof grew into quarrels one with the other, to the oppreſſion of the people, and hazzard of the Eſtate. After which, Don Lope Diaz of Haro preſſed the King to declare Don Sancho his ſonne his ſucceſſour in the Realmes of Caſtile, Toledo, Leon, and other places, being his eldeſt ſonne then living; to which he giving a cold anſwer at firſt, having afterwards aſſembled the Eſtates in Segobia, he was by the King and the Estates conſent declared and received as heire to the Crown after his Fathers deceaſe, Fernands children being diſinherited of their right, which fact was then excuſed and juſtified, becauſe there was no law at that time which did binde the King, much leſſe the Eſtates, to leave the Realme more to one ſonne then to another: ſince which there was a law made and received in the time of Fernand the 5. in the City of Taro; where it was decreed by the Eſtates upon this difficulty, That the Children of the elder brother deceaſed, repreſenting their fathers perſon, ſhould in that reſpect be preferred before the Ʋncle: Hereupon Queen Violant, and Blanche widow to Fernand were ſo much diſcontented with the Decree of the Eſtates, diſinheriting the eldeſt brothers ſonnes, as taking the young children with them, they departed out of Caſtile to Don Pedro King of Arragon; where Don Sancho cauſed his Nephews to be impriſoned, whom king Alphonſo labouring under hand to get releaſed▪ Don Sancho advertiſed hereof, made a league with the Moores of Granado, againſt his Father, and by aſſent of his confederates took upon him the Title of Regency of the Kingdome of Caſtile and other his Fathers dominions, refuſing the Title of King, during his Fathers life time; who was forced to pawn his royall Crown and Iewels to Iacob Abin Ioſeph a Moore, King of Morocco, who aided him willingly againſt Don Sancho. After which in an Aſſembly of the States at Cordova with the adviſe of the Noble men and knights of Caſtile thereupon ſent, by a Decree pronounced by the mouth of Don Manuel, in the name of the whole Nobility, Alphonſo was deprived of all his Realmes, for murthering his brother Don Frederick, and burning Don Rues unjuſtly without any forme of juſtice or orderly proceedings, the breach of the rights and priviledges of the Nobility, and the exceſsive wasting of the treaſure of the Realme. Vpon this there aroſe bloody Warres between the Father and ſonne; and in the yeere 1282. Alphonſo was ſo vexed with his ſonnes proceedings, that hee pronounced in the preſence of many men of ranke both Clergie and Laity in the City of Sevill, The curſe of God and his upon Don Sancho, a ſonne, ſaid he, diſobedient, rebellious, and a 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.

Hieron. Blanca. Rer. Arragon. Com. p. • 60. Gen. Hiſt. of Spain, l. 12. p. 419, 421, 422. Don Pedro the third, king of Arragon about the yeare 1283. had many controverſies with his Nobles and knights who complained much of his ſower diſpoſition, and tyrannous manner of Government, inſulting over the greateſt, yea againſt his own blood, contrary to all Law and nature. Wherefore being ill intreated by him in their freedomes, whereof the Townes and Commonalties of his Countries did alſo complain, the Nobility, Knights and Gentry, for preſervation of their Liberties made a 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) underſtand, that if they did not contain themſelves within the limits of the Lawes of the Country, they would withdraw themſelves from their obedience, and declare themſelves enemies, and purſue them by armes that ſhould ſeek to break them. The king hereupon called the Eſtates to Tarraſone, and afterwards to Saragoſſa, where he intreated, promiſed and did all what he could to break this Vnion: but he was forced to yeeld, and granted to the Arragonians the priviledge they call Generall, whereby their Liberties which had been ſomewhat restrained, were again reſtored, the ancient manners of the Country, and cuſtomes of their anceſtours put in practiſe. And moreover there were Laws made for their Kings, which they ſhould be bound to obey; and for that they were in a mutiny in ſome places, by reaſon of certain Impoſitions laid upon ſalt, the traffique thereof was made free by the Eſtates. And the king refuſing the judgment of the Iuſtice Maior of Arragon, depoſing Pedro Martines Artaſſone (who then exerciſed it) from his Office, the Eſtates ſoon after at an aſſembly at Zutaria, fortified it with ſtronger Laws, deeming the Iuſtice of Arragon to be a lawfull Iudge, (whom the King himſelf could not diſplace) even in Caſes commenced againſt the King; who being cited and not appearing, there were Decrees made againſt him in many instances. In the end the King confirmed the Decrees of the Iuſtice Maior, and whatſoever ſhould be concluded by the Eſtates, the Deputies and Councellors having given their ſuffrages.

I read in Rerum Arragonenſ. Comment. in Pet. 2. p. 6 • 0. Hieronimus Blanca, that about the year 1212. the Arragonians taking it ill that their Liberties gotten with their blood, ſhould ſo many wayes be ſubverted, as then they were by King Pedro the first, raiſed up the Name and forces of a Vnion, that with one force, and the conſent of all, one minde as it were being made out of all, they might more eaſily propulſe ſo great injuries; but what was then done hereupon, is not recorded; But the two memorable Priviledges of the Vnion under King Alphonſo the third, are ſaid to ſpring from thence.

Don AlphonſoGen. Hiſt. of Spain, l, 13. p. 431. Hyeron. Blanca Arrag. Rerum Com. in Apph. 3. p. 661, 662. king of Aragon ſucceeding Pedro, Anno 1286. he was admoniſhed by the Eſtates Ambaſſadours, to come ſpeedily to the Aſſembly at Saragoſſa; where having ſworn and promiſed the obſervation of the Cuſtoms, Rights and Priviledges of the Countrey, and received the Oath of fealty from the Deputies, he might lawfully take upon him the Title of the King of Aragon; the which they ſaid, he might not uſe before this Act and Ceremony, according to the ancient cuſtoms of Aragon. Vpon theſe ſummons he came to the Aſſembly of the Eſtates to Saragoſſa, took the Oath aforeſaid, after which he was Crowned: Which done there grew in this aſſembly a great contention, touching the reformation of the manners of Courtiers, and the ordering of the Kings houſe; the Noblemen and Deputies of the Eſtates of Aragon maintaining; that the conuſance thereof was incident to their charge; the King, and his houſhold ſervants on the other ſide, denied, that there was either Law or cuſtom which tyed the King or his followers to any ſuch ſubjection. In the end it was concluded, that the reformation of the Court ſhould be made by twelve of the principall Families, the like number of Knights, four Deputies of Saragoſſa, and one of either of the other Cities, the which ſhould give their voices in that caſe. This Vnion of Aragon obtained likewiſe a Decree, that the King ſhould have certain Councellors choſen, to wit, four of the chief Nobility, four Knights of noble and ancient races; four of his houſhold ſervants, two Knights for the Realm of Valencia, two Citizens of Saragoſſa, and one of either of the other Cities (whom they particularly name) with a condition, that whileſt the King ſhould remain in Aragon, Ribagorca, or Valencia, two of thoſe Noblemen, two of his ſervants, two Knights of Aragon, one of Valencia, and the four Deputies of the Realm of Aragon, ſhould follow and reſide in his Court, AS COVNCELLORS APPOINTED BY THE VNION; who proteſted by ſolemn Deputies ſent to the King to that end, that if he did not receive, obſerve, and maintain thoſe orders, THEY WOVLD SEIZE VPON ALL HIS REVENVES, and on all the fees, Offices, and dignities of ſuch Noblemen as ſhould contradict them. Thus were the Kings of Aragon intreated in thoſe times by their ſubjects, who entred into a Ʋnion between themſelves reſolving, That for the common cauſe of liberty Non verbis ſolum, SED ARMIS CONTENDERE LICERET; that it was lawfull for them to contend not onely with words, BVT WITH ARMS TO; and determined in this aſſembly of the States, A Comitijs intempeſtive diſcedere REGI NEFAS ESSE, That it was unlawfull (yea, a grand offence) for the king to depart unſeaſonably from his Parliament, before it was determined. Our preſent caſe.

Gen. Hiſt. of Spain, l. 13. p. 436, 465. 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 diſunited. In which aſſembly Don Iames eldeſt ſon to the Crown, being ready to marry Leonora of Castile, ſuddenly, by a ſtrange affection, quitting both his wife and ſucceſſion to the Realm of Arragon, told his Father, That he had made a vow neither to marry, nor to reign; ſo as notwithſtanding all perſwaſions of the King and Noblemen, he quit his Birth-right to his Brother Don Alphonſo, after the example of Eſau: diſcharged the Eſtates of the Oath they had made unto him, and preſently put on the habite of the Knights of Ieruſalem; Whereupon his ſecond brother, was by the Eſtates of Arragon acknowledged and ſworn heir of theſe Kingdoms, after the deceaſe of his father. At this time the Authority of the Iuſtice of Aragon was ſo great, That it might both cenſure the King, and the Eſtates, and appoint them a place, and admit them that did aſſiſt, or reject them.

Gen. Hiſt. of Spain, l. 13. p. 440 to 476. Ferdinand the fourth, king of Caſtile, being but a childe when his father Sancho died, was in ward to his mother Queen Mary, his Protectreſſe; he had two competitors to the Crown, Alphonſo de la Cede, and Den Iohn, who making a ſtrong confederacy, were both crowned Kings, againſt right, by ſeverall parts of his Realm, which they ſhared between them. The States aſſembled at Zamora granted great ſums of money to Ferdinand to maintain the wars with his enemies, and procure a diſpenſation of Legitimation and marriage from the Pope, who would do nothing without great fees. After which he ſummoning an aſſembly of the Eſtates at Medina, they refuſed to meet without the expreſſe command of the Queen Mother, who commanded them to aſſemble, and promiſed to be preſent, After this divers accords were made twixt him and his competitors; and at laſt calling an aſſembly of the Eſtates to aſſiſt him in his warres againſt the Moors; he ſoon after condemned two Knights, called Peter and Iohn of Caravajal, without any great proofs, for a murther, and cauſed them to be caſt down headlong from the top of the Rock of Martos; who profeſſing their innocency at the execution, they adjourned the king to appear at the Tribunall Seat of Almighty God within thirty dayes after, to anſwer for their unjuſt deaths; who thereupon fell ſick and died, leaving his ſon Alphonſo the 12, very young; for whoſe Regency there being great competition, the inhabitants of Avila, and their Biſhop reſolved, not to give the poſſeſſion and government of the Kings perſon to any one, that was not appointed by the aſſembly of the Eſtates; Whereupon the Estates aſſembling at Palence, committed the government of his perſon to Q. Mary his Grandmother and Queen Conſtance his mother; who dying, another Aſſembly of the Eſtates was called at Burgos, Anno 1314. who decreed, that the Government of the King, and Regencie of the Realme ſhould be reduced all into one body betwixt Q Mary, Don Pedro, and Don Iohn, and if any one of them ſhould dye, it ſhould remain to the two other that did ſurvive, and to one if two dyed. After this, Anno 1315. theſe Tutors and Governours of the Realme of Caſtile were required by the Eſtates in an Aſſembly at Carrion to give caution for their government, and to give an account what they had done. Who often jarring and croſſing one another; divers Aſſemblies of Eſtates were oft called to accord them. Anno 1320. The Eſtates aſſembling, appointed new Governours of the King and Realme, who diſcharging their truſt very lewdely and oppreſſing the People, Anno 1326. they were diſcharged of their Adminiſtration at a Parliament held at Vailledolet: in which the king did ſweare, to obſerve the fundamentall Lawes of the Realme, and to adminiſter juſtice, maintaining every one in his Eſtate goods and honour: Which done, the Deputies of the Estates ſwore him Fealty. Gen Hiſt. of Spain, l. 13. & 14. paſſim. This King afterwards proving very cruell and tyrannicall, his Nobles and Subjects oft times ſucceſſively took up defenſive armes againſt him, his Tyranny augmenting their obſtinancy, and procuring him ſtill new troubles; Whereupon at laſt diſcerning his errours, he became more mild, and often aſſembled the Eſtates in Parliament, who gave him large Subſidies to maintain his warres againſt the Moores. Gen Hist. of Spain, l. 14. p. 487, 488, 489. The Province of Alava had a cuſtome to chuſe a Lord under the Soveraignty of Caſtile, who did govern and enjoy the revenues appointed by the Lords of the Countrey; for the election of whom they were accuſtomed to aſſemble in the Field of Arriaga; thoſe of this Election being called Brethren, and the Aſſembly of the Brotherhood. Notwithſtanding in the yeer 1332. the Brotherhood and Eſtates of this Province ſent to K. Alphonſo divers Articles, which they beſeeched him to confirme, promiſing for their part, that this ſhould be their laſt Aſſembly, and that the name and effect of their Brotherhood ſhould remain for ever extinct, and the Province be for ever united to the Crown of Caſtile, if he would confirme thoſe Articles to them, being 17. in number, which he did. The chiefe were theſe, That the King nor his Succeſſors ſhould not alien any place of his Demeſnes. That the Gentlemen and their goods ſhould be free and exempt from all Subſidies as they had been heretofore. That they and others of the Countrey ſhould be governed according to the customes and rights of Soportilla; And that divers Townes and Villages therein ſpecified ſhould be free from all Tributes and Impoſitions.

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

Gen. Hiſt. of Spain, l. 13. p. 452. 462. l. 14 p. 477, 778. Anno 1307. Lewes Hutin was crowned King of Navarre at Pampelone, where he ſware, to obſerve the Lawes and Rights of the Realme. After which, Anno 1315. Philip the long was elected by the Eſtates of Navarre to be their king in right of his wife, but it was upon conditions drawn in writing which they tendered to him and the Queen to ſubſcribe and ſweare to, before the ſolemnities of their Coronation, in the Eſtates aſſembled at Pampelone, which they yeelded willingly unto; whereof the principall Articles were theſe:

1. Firſt, to the Eſtates to maintain and keep the Rights, Lawes, Cuſtomes, Liberties, and priviledges of the Realme, both written and not written, whereof they were in poſſeſſion, to them and their ſucceſſours for ever, and not to diminiſh, but rather augment them.

2. That they ſhould diſannull all that had been done to the preiudice thereof by the 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, neither ſhould make any Law nor Statute againſt the Realme, nor againſt them that ſhould lawfully ſucceed therein.

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

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

10. That if they 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 ſolemnly crowned, and the Deputies of the Eſtates, Noblemen and Officers of the Crown took their obedience to them.Gen. hiſt of Spain, l. 14. p. 497, 498. Vpon this agreement, all the Caſtles and places of ſtrength in Navarre were put into the hands of the Eſtates, who committed them unto the cuſtody of faithfull knights, in whoſe keeping they continued; a Catalogue of which Caſtles with the names of the knights that guarded them, by the Eſtates appointment, in the yeare 1335. you may read at large in the Generall Hiſtory of Spaine.

Before thisGen. hiſt. of Spain, l. 14 p. 476. Anno 1328. the Eſtates of Navarre aſſembled at Puenta la Reyna, to reſolve without any reſpect, TO WHOM THE REALM OF NAVARRE BELONGED, whether to Edward king of England, or to Iane Counteſſe of Eureux. The Eſtates being adjourned to Pampalone, the chief Town of the Realme, their opinions were divers; many holding that king Edward ſhould have the Realm, as Granchilde (born of the daughter) to Queen Iane, daughter to King Henry, rather then the Counteſſe of Eureux, in regard of the Sex; others, with more reaſon, held for the Counteſſe, who was in the ſame degree, but daughter to a Son, and Heir to Queen Iane. Theſe prevailed, drawing the reſt to their opinion; whereupon the Counteſſe was declared true and lawfull Queen of Navarre, the Realm having been vacant above four Moneths. And untill that ſhe and Count Philip her husband ſhould come and take poſſeſſion of the Realm, they declared the Regent and Viceroy Don Iohn Corberan of Leet, Standard bearer of the Realm, and Iohn Martines of Medrado. Lo here a Parliament of the Eſtates of Navarre, ſummoned by themſelves, without a King, determining the Right of ſucceſſion to the Crown, appointing a Vicegerent, and preſcribing ſuch an Oath and Articles to their king, as you heard before.

Gen. Hiſt. of Spain, l. 14. p 479. l. 15. p. 539. Anno 1331. king Philip of Navarre, to adminiſter juſtice, erected a new Court of Parliament in Navarre, which was called New, to diſtinguiſh it from the old; HE AND THE THREE ESTATES of the Realm NAMING MEN WORTHY OF THAT CHARGE. Queen Iane and Philip deceaſing, their ſon Charles the ſecond, ſurnamed the Bad, for his crueltie and ill manners, was called by the three Eſtates of Navarre to Pampelone, and there crowned in their Aſſembly after the manner of his Anceſtors, ſwearing to obſerve the Lawes and Liberties of the Country. After which a farWhich you may read at large, Gen hiſt. of Spaine, l. 17. p. 625 626 ſtricter Oath was adminiſtred to Charles the 3. An. 1390.

Gen. Hiſt. of Spain, l. 14. p. 480. Anno 1325. In a generall aſſembly of all the Eſtates of Arragon, Don Pedro ſon to the Infant Don Alphonſo, was ſworn preſumptive Heir and Succeſſor to the Crown, after the deceaſe of his Grandfather and Father, the which was there decreed and practiſed, for that Don Pedro Earl of Ribagorca did maintain, that if his brother Don Alphonſo ſhould die before then Father, the Realm did belong to him by right of propriery, being the third brother, rather then to his Nephew the ſon of the ſecond brother. In this Aſſembly the Articles of the generall priviledges were confirmed, and it was ordained for a Law, That no Freeman ſhould be put to the Racke, and that confiſcations ſhould not be allowed, but in Caſes of Coyning and High Treaſon.

Gen Hiſt. of Spain, l 14. p. 483, 484, 485, 486, 493. to 498 504. Dr Beards Theatre of Gods Iudgements. Marian • and others. 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 Subſidies 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 crueltie, 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 expences, 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 thinking 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 Traitors 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 violent 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.

Gen. Hiſt of Spain, l. 14. p. 506. 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 priviledges and Lawes of the Realm, whereby the inhabitants ſhould govern themſelves, with libertie to chuſe their own Iudges.

Gen. Hiſt. of Spain, l. 15. p. 532 to 576. 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 offred 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, rapines 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 Fugitives 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) immediately 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 being 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 BlackSee Mr. Soldens Titles of Honour, part. 1 chap. 8. pag. 165. to 171. 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 actions, but his Tyrannous paſſions. Whereupon, battell being joyned, Henry was conquered, and Pedro reſtored; But hee diſcontenting the Engliſh and others, who had reſeated him in his Kingdome, by his inſolency and Tyranny, and the Biſcaniers refuſing 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 courſes 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 into King Henry his hands as hee was taking his flight by night, King Henry ſtabbed 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 Kingdomes from his dayes till this preſent, which are full fraught with preſidents of this nature, 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 Hiſtories of the Netherlands: I ſhall for brevity ſake pretermit them altogether, concluding 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, Lib. 2. c. 〈◊〉 . l. 4. c. • 5. Aimoinius, 〈…〉 belli & pa • is, l. 1 c 3. ſect. 11 p. 8. and Hugo Grotius out of him,(d) Vandal. 1. Grotius, ibid. 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 diſpleaſed 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 pleaſure as Procopius writes: ſuch the Kings of the 〈…〉 . Goth. 2. Heruli, Excerpt. Dionis, & Grotius. De Iure Be • li. l. 1. c. 3. Ad notata ſect. 11. p. 72. Quadi, Iazyges, Paulus Wiarnafred l. 4. & 6. Lombardes, Ammiannus lib. 28. Loan cus 〈◊〉 Burgundians Ioan, Leo li. 7 Moldavians, Generall Hiſtory of Spain l. 7. to 20. paſſim. Africans, thel Moores in Spaine, theSolinus l 13. Grotius de Iure Belli l c. 3. ſect. 9. p 57 two annuall Kings of Carthage, theTacitus de mor. Germ Grotius Ibid. Dioniſ. Hal l. 2 & 5. 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 Commentarius, 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 beleeved that ſervitude would proceed from thence. Therefore having conſidered and rightly pondered all things, and reaſons, they made this the reſult of all their Counſels; 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 perpetuating 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 between 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 Commonweale.

With theſe Lawes therefore and ſanctions, thoſe our Anceſtors confirmed the enterpriſe of new moulding and reforming the Common-wealth: But verily this was the chiefeſt gariſon for to retaine their liberty, whereby they ordained the Preſidentſhip of a middle Iudge; placing the power in ſuch ſort in the King, that the temperating 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 retained, 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 deſtruction of all men; ſo as we may rightly affirm, that in this alone, the ſumme of preſerving civill concord both to Kings and the Kingdome hath conſiſted. This Magiſtrate 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 foundations 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 Ariſta 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, concerning the middle Magiſtrate, ſeemed moſt hard unto him: But having more deligently 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:Si contra fora • a • t libertates reg • u •• a ſepren • i in futurum contingeret, alium ſive fidelem, ſive in • ide • em Regem ad ſciſcendum 〈…〉 Reg • o aditus, 〈◊〉 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 Chriſtian or an Infidell; which clauſe of an Infidell King, they refuſed to have beſtowed 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 common cauſe of liberty, they called a Vnion; (or Aſſociation:) Neither did they anciently 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 Suprarbian 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 EARVM 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,See Ioannis de Laet Hiſpan. Deſer. p c. 5. p. 107. 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 about 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 civill; 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 ancient 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 reſtrain or enlarges as there was need.Pag. 664, 665, 667, 716, to 812. 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 publike union to the ayde of Liberty, and out of them were choſen thoſe who ſhould alwayes be the prime and principall conſervators of it: for thus they called the preſidents of the Vnion. Finally, they ſuſtained on their necks all the Offices and burdens 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 inordinate 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 peradventure they could not with their fitting counſels bridle the exulting royall Forces, they did conſtantly repell them from their necks with the force of the raiſed Vnion. 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)t Quaeſt. 3. p. 162, 163. by Iunius Brutus, (r)(v) Franco. gal. c. 10. p. 75. 76. De Iure Magiſt. in ſubditos, p. 282, 283. Franciſcus 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 common Decree of the people, they enact to be greater and more powerfull then the King: to whom, ſitting in an higher place, they make the King doe homage; and then having created the King upon certain Lawes and conditions, they ſpeake unto him in theſe words, which ſhew the Excellent and ſingular fortitude of that Nation in bridling their Kings: NOS 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 twoSee Mr. Seldens Titles of Hon. par. 1. c. 8. ſect. 6. p. 256. to 271. greateſt and moſt abſolute hereditary Kings in Chriſtendom, France and Spain, and, proved them to be inferiour to the Lawes, Parliaments, Kingdomes, People, out of their owne Authors and Hiſtorians: in which points, if any deſire further ſatisfaction, I ſhall adviſe them to read but Junius Brutus his Vindiciae Contra Tyrannos, De jure Magiſtratus in • ubditos, and Franciſci Hotomani his Franco-Gallia; and Controverſ. Illuſt. for France: Ioannis Mariana, de Rege & Regum Inſtit. l. 1. with his Hiſtory of Spain, Hieronimus Blanca, Rerum Arragonenſium Commentarius, Ioannis 〈◊〉 Laet Hispaniae deſcrip. c. 5. & Vaſquius, Contr. illuſt. for Spain, at their leiſure, and then both their judgements and conſciences will be abundantly ſatisfied herein.

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

For the Kings of Hungary, Bohemia, Poland, Denmarke, Sweden, as they have been uſually, and are at this day for the moſt part, not hereditary, but meerly ellective by the Nobles and people; ſo their Lawes, which they take an Oath inviolably to obſerve, and their Parliaments, Nobles, people, are in Soveraigne power and juriſdiction paramount them, as much almoſt (if not altogether) as the State of 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, asCommonweal, l. • . c. • 0. l. 2 c. 5. Iohn Bodin, the Hiſtories of Hungary, Poland, Bohemia, Denmarke, Sweden, Iunius Brutus, De Iure Magiſtratus in Subditos, Munſter in his Coſmography, and thoſe who have compiled the Republikes of theſe Realmes atteſt; who further evidence, that moſt of theſe Realms have ſometimes elected them Kings, other times onely Dukes, and made their republikes, Principalitis, Dukedoms or Kingdomes at their pleaſure. To give onely ſome briefe touches concerning theſe Realmes and their Kings.