The Sovereign Power of Parliaments and Kingdoms, Appendix (3 of 4)

The Sovereign Power of Parliaments and Kingdoms · Appendix (3 of 4)

p. 42But to return to this kings actions;ppGen. Hist. of France…, p. 887. 88…. Anno 1596. king Henry calls a generall p. 43assembly at Roan …n forme of a Parliament, where he speaking to the assembly, told them, That at his coming to the Crowne he had found Fr…nce not onelyonly 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 hi… 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 qqGen. Hist. of France, p. 1009. 1022, 1023, 1124, 1154, 1156, 1157.Edicts, against the transportation of Gold and Silver, the wearing of Gold & Silver, excessive usurie, Advocates extortions, Duels, Bankrupts, and the like. ThisrrGen. 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 minortie 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 whichssGen. 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 where on 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 p. 44roughly. Above all things beware that you follow not your own opinion alone, in manag…ng the affaires of the Realme. Hereupon four and fifty Edicts and Commissions were revoked, wherewith the Subjects had been oppressed. ttThe continuation of the life of Lewes the thirteenth, p. …. to 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 priviledge…, 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 Gardinall 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 Nam… 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 v…cations, 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 se…k by all means in good faith 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 Ibib. p. … 26. 29. 30. 31. …. 49. 50. 74. 75Bellarmines Book of the Popes power in temporall causes, Becanus, and Scoppius Books, Marianaes Book de R…ge & Regis institutione, Suorez 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.

xxIbid p. … ▪ …8…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,yyIbid p. 59 … 12…. Anno 1614. the Prince of Conde with divers other Princes, Dukes, Peers, 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 g…ievanc…s 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 …oneths at the furt…est, protesting, that they desired nothing but peace and the good of p. 45the Realme, that they would n…t 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 …pell 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 Manchold, between the King, Queen Regent, and these N…bles; 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 D…puties of the three Estates, may with all libertie propound whatsoever they shall think in their consciences to be for the good of the Realme and ease of the subject; tha… 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 … hat 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 Parliamnt; 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 onelyonly 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 …edresse p. 46of 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 effect. 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 …ffirme, 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.zzLib. 2. c 12. p. 179. to 187. To which I shall adde some passages out of Andrew Favine, 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 Lew… 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, but onelyonly with the Act of justice, and lend a deaf ear when they are advertised of evill Government, it is an assured Pronostick,Note. p. 47forewarning of the entire decadence of the Kingdome. Strange and forraigne Princes have sought and submitted themselves to the judgement of their Parliament, ev…n 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 Vvilses, 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 jusjur andum 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, polli…eor, & juro, quod omnes possessiones, honores, & jura Romanae Ecclesiae, pro posse meo, bona fide protegam, & ipsam ad eas retinendas bona fide j…vabo. Quas autem nondum recuperavit adjutor ero ad recuperandum, & recuperatarum, secundum posse meum, ero …ine 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 Ravenna, Pentapolis, Marchiae, Ducatus Spoletanus, terra Conitiss…e Mathildis, Comitatus Bricenorij cum alijs adjacentibus terris expressis in multis privilegijs Imperatorum, à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI. Has omnes proposs… m… restituam, & quietè dimittam, cum omne jurisdiction…, district…, & honore suo. Verunt amen cum adrecipiendam Coronam Imperij, vel pro necessitatibu… Ecclesia Romana… ab Apostolica sede vocatus accessero, demandato summi Pontif… ab illis terris p. 48praestationes accipiam. Praetereà adjutor ero ad retinendum & defendendum Ecclesiae Romanae. REGNVM SICILIAE. Tibi etiam Domino meo Innocentio Papae & Successoribus tuis omnem obedientiam & honorific entiam …xhibeo, quam devoti & Catholi…i Imperatores consueverunt Sedi Apostoli…ae exhibere. Stabo etiam ad consilium & arbitrium tuum de bonis …onsuetudinibus populo Romano servandis & exhibendis, & de negotio Tusciae & Lombardiae. Et si propt…r negotium meum Romanam Ecclesiam oportuerit in…urrere guerram, subveniam ei sicut necessitas postulaverit in expensis. Omnia vero praedictat…m juramento, quam scripto firma…o, cum Imperij Coronam adeptus fuero. Actum Aquis-Grani Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto, mense Marcy, Regni nostri septimo.

William Rishanger Monk in the Abbey of Saint Albane in England, continue… of the History of Matthew Paris, observeth under the year 1263. that the king of England, Henry the third, and the Barons, of England, who made warre upon him, committed their whole difference and quarrell to be judged by the Parliament of France; Vt pax reformaret…r inter Regem Angliae & Barones, ventum est ad istud, ut Rex & p…oceres se submitterent ordinationi Parliamenti Regis Fran…ae (in the time of Saint Lewis) in pr…emissis provisionibus Oxoniae. Nec non pro depraedationibus & damnis utrobique illatis. Igitur in crastino S. Vincentij, congregato Ambianis populopene innumerabili, Rex Franciae Ludovicus coram Episcopis & Comitibus, alijsque Francorum proceribus sol…mniter dixit sententiam pro Rege Angliae, contra Barones statutis Oxoniae provisionibus, ordinationibus, ac obligationibus penitus annullatis, Ho… 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 repassed back into England after the Parliament, as the same Monk speaketh. Thus Favine 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. aaContinuation 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, holding 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 Regencie which had been so happy; That the Queen was not to give an account of her Regency, but to God onelyonly; That no man could prescribe unto the King what Councellors he should entertain, &c. with many other such bigge words. After which there was a De…ree 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 Paliament in generall complained p. 49much of this Decree; the kings learned Coun…ll refuse to carry, or cause it to be read in Parli…ment, 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 Reign: 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 …undry 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 Councell…rs 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 su…er such good and loyall subjects to be supprest by such a conspiracie. VponUpon 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: wherupon they Arm, raise Forces in their own & the publikes defence, and being at Noyon, concluded, That as their Armes were levyed forthe 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 Spai…; 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 Religien, 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 fou…th, 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 Offi…es, 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 …ar, 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 p. 50seizing 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 j…stice, 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: VponUpon which the new Councellors and Officers advanced by him, were removed, the old restored, the Princes reconciled to the Kings, and by him declared for his good and loyall subjects: VponUpon which followed a generall assembly of the Estates, wherein divers grievances were propounded, and …ome redressed; the King therein craving their advice for the setling and ordering of his Privie Councell.bbIbid p. 220. to 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 warr…s 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 ccSee 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 Vlcers and Diseases, and the King since being (some say) poysoned by the Ie…uite…, who murthered his two immediate Predecessors: wise men conjecture the p. 51French will now at last revive and regain their ancient j…st 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 France▪ (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 p…rallell 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 di…tructive 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 …eer 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 …eer my course t… the Kingdomes and Kings of Spaine, whom Iacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado, 1602. professedly undertakes to prove, to be of greater dig…ity, and to have the Precedency of the Kings and Kingdoms of France, which **Catalogus Gloriae mundi, pars. 5. Consid. 29, 30. Andrew Favne Thea…e of Honour, l 2. c. 12. See Camillus Barellus de Regis Catholici Praestantia, &c. Ge…erall Hist. of France, p 90….Cassa…aeus 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 Micha…l Ritius de Regibus Hispaniae, L. 1, & 2. Iohannis Mar…na 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 liv… and successions at large in these Authors, and finde ddSee 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. 864 …65.some of them 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; eeIoannis Pistorius Hispaniae illustratae Tom. 3. Leges Wisigothorum, L. …. 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.ffIac…bus Valdesius de dignitate Regum, Regnorum…, Hispani…, pars. 1. c. 11. p. 135. Michael Ritius de Regibus Hisp. l. 2. Gen. Hist. of Spain, l 6. …. 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 Province subject 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 deser…ion 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 general… law of Nations, to cast off their subjection to the Roman Empire, and to elect a King, erect a Kingdom of their p. 52own, 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 hhPart. 1. … 6. & Fox Acts & Mon. Vol. 1. p. 879. 810.forecited passage of the Bishop of Burgen, (Ambassadour to the King of Spain, in the Councell of Basill, and by Iohannis Mariana the Jesuites Book, de Rege & Regis Institutione, dedicated to Philip the third, King of Spain, printed at Madrit in Spain, by this Kings own speciall priviledge, Dated at Madrit, Ianuary 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) & permiss… 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 iiLib. 1. De …egum, …. …p. 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, b…cause 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 Lace…aemonian… long since, who committed onelyonly 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 libert…e, and not ignorant how the Rights of Libertie are much diminished from smail beginnings, created a middle Magistrate, like the Tribunall power (commonly called at this time Aragoniae Iustitia, the Iustice 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 p. 53deceased, o…ght to chuse the succeding King out of another …am…ly. Fourthly, because if the King vexe the Republike with his evill manners, and degenerate into an open tyran…, the same Commonwealth may restrain him, yea, deprive him of the Principalitie, and of hi… life to, if need be; which it could not do unlesse …t 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 Issu… 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 pleanary Power from it self and give it to the Prince, yet the Commonwealth should do unwisely to give it, and the Prince ras…ly to receive it; by which the subjects, of Free men should b…come Slaves, and the Principalitie given for their saf…tie, should degenerate into a Tyrannie, which then onelyonly is Regall, if it contain it self within the bounds of modesty and mediocritie; which Power whiles some unvisely labour daily to augment… they diminish and utterly corrupt it, that Power being onelyonly 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 in…o 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 modes…ie, the higher they climb, the grea…r 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 …ities; which custom at this time is still retained in Aragon and other Provinces; and I wish our Princes would restore it:Not…. 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, becauss many great and learned men hold, 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 onelyonly to be of greater authority, but likewise to have stronger Forces then the King; which he proves by Aristotles forecited 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 Roc…ie places, and the most firme Bulwark of the Moors territories on that part: wanti…g money to pay his souldiers, and thereupon provisions failing, the King hastens to Burgon; p. 54and in a nationall assembly, he demands, that because the people were wearied with Taxe: 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 Ca…tabria, assented to this Counsell, Peter Earl of Cara withstood this motion, and gatheri…g 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, amonument 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, kkDe Rege & Regum Instit. … 1. 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; thnt they are more strictly obliged to observe their Laws then 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 onelyonly binde him by Lawes, but question him for the breach of them. Before both these, in his first Book De Rege & Reguminstitutione, 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 supremest Law, and what they by common consent have Enacted onelyonly for the publike safetie, they may without any obstacle alter, when things require it, by like common consent; especially, because the hereditary Rights of reig…ing 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, p. 55should be usurpers and want good Titles to their crownes, they or their Ancestors 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. corluding, That if the King degenerate into a Tirant, by subverting Religion, Lawes, Liberties, oppressing, murthering, or deflowring his subjects; the whole Kingdome may not onelyonly 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 Realm… leaving Henry. And for a conclusion he addes, That such a Tyrannicall King continuing incorrigible after publike admonitions of the whole State, if there be no hopes of amendnent, may not onelyonly be deposed, but put to death and murthered by the whole State, or any particular persons by their appointment; yea without it, (a note somewhat above Ela) if he be declared a publike enemy by the whole state; and in case the whole states cannot publikely assemble by reason of such a Princes knowne notorious tyranny, he writes, That then in such a case it is lawfull for any private man to murther him, to free the Countrey and Kingdome from destruction. Adding, that it is a wholsome meditation for Princes to be perswaded, that if they oppresse the Common-wealth, if they become intollerable thorow vices and filthinesse, that they live in such a condition, that they may not onelyonly be slaine of right, but with laud and glory. Peradventure this feare will retard some Princes that they give not themselves wholly to be corrupted with vices flatterers, and cast bridles upon their fury.llThe gener…ll Hist. of Fran…e, p. 833, 834, 117… ▪ 1179. 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 onelyonly by Hieronymus Blanca in his Aragonensium Rerum Commentariis, Iohannis Pistorius Hispaniae Illustratae, &c. and other Spanish Historians collected by him, but likewise by mmSee Doctor Iohn White …is Defence of the way, c. 6. where their words are quoted for tyranny and mis-government. 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 here…ically affirme, That even the Pope alone either with or without a Counc…ll, for heresie (as they deem it) and obstinacy against the See of Rome, may excommunicate, censure, despose, kill, or murther any Christian Princes, depose them from their thrones, dispose of their Crownes to others at their pleasures, absolve their subjects wholly from their p. 56allegeance, and give subjects power to rise up in armes against and murther them by open force or secret treachery;nnOf Christian Sub…ection, &c. par. 3. p. 5…9, 520, 521. 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 onelyonly: 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 onelyonly according to the fundamentall Lawes of the Realme, and former presidents of their An…cestors, and aiming at nothing but their Kingdomes sa…ety, are like to be more just indifferent Iudges of their Princes actions when questioned, then the Pope, a meer enemy and forraigner; who proceeds by no other authority, but what he hath unjustly usurped from Kings, and by no other rules but his owne will, pride, malice, honour, or profit. I have thus given you an account of the Kings of Spaines subordination to their whole kingdomes and Lawes in point of Thesis and positive Doctrine approved by themselves, professed by their eminentest Wri…ers, I shall now procced to Historicall examples to confirme it in point of practise.

ooMunst. Cos. l. c. 20. p. 75. Roderici Archi…p. To…etani De Rebus hisp. l. 4. 2. l. 5. c. …. …. Gen. …. of Spa. …6Ordogno the 14. king of Castile, summoned 4. Earles of Castile to appeare before him, who refused to goe to the warres against the Saracens, promising them safe conduct, notwithstanding he commanded them to be apprehended, imprisoned and sl…in; for wh…ch bloody Treachery those of Castile rebelled against him, rejecting his government, and providing for the …afety of them and theirs, Duos Milites, non de potentioribus, sed. de prudentioribus eligerunt, quos & Indices statuerunt, &c. They elected two prudent Knights of their owne to be their Magistrates and Iudges, to governe them, to manage their warres, and administer justice to them: the one was named Fl…vius Calvus, the other Nunius, surnamed de Rasura, whose Son G…ndesalvus after his Fathers death, was substituted in his place, made Generall of the Militia; (Principatum Militiae addiderunt) and his son after him, tam à Magnatibus & Militibus, quam AB VNIVERSIS POPVLIS CASTE LANIS, made Earle of Castile, and all submitted themselves to his government, rejecting the Dominion both of Ordogno and his brother King Froila after him, for their tyranny and treachery.ppRodericus 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 cruel…ies, was by the practise of his owne Queen Semena and his other sonnes and Nobles, so prosecuted and put to such streights; that they enforced him to resig… his Crown to his sonne Garcias, and to deprive him …elfe of his g… uernment in the presence of his sons and the grandees of his Realm; after which he requested his sonne to r…ise and grant him an Army to goe against the S…razens, who condescending thereto, hee gained a glorious Victory ou…r them, and so dyed qqR…der. Tol. l. …. c. 4, 5. Mu…st. cos. l. 2. 6. 20. Gen. hist. of Spain. l. 7.Alphonso sonne of Ord…gno, King of Castile, after 5. yeers reigne, out of levity rather then Religion, resigned his Crown to Ramire his younger Brother, and then turnd Monk about the yeer 939 but not long after, casting, off his Coul & leaving his Monastery, he …egan to …aise forces, and to aspire to the Crown again which he had resigned; whe…upon Ramir raised an Army against him, and after 2. yeers warres took him prisoner, put cut his eyes, and thrust him into a Monastery.rr… Cosmogr. l. 2. c. 20. p. 78. Gen. Hi…t of …pain. Iohn the first, the 35 King of Castile after the death of Ferdinand King of Portugall claimed that kingdome i… right of Eleanor his wife and next Heire, but the Portugals elected Iohn, a bastard, a Knight of the blood Royall for their King, and excluded Eleanor. Henry p. 57the 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 F…ier Iohn de T…ixerai… his Book of The Originall of the Kings of Portugall, affirmes, that the Kings of Portugall, were usually ELECTED BY THE SVFFRAGES AND FREE CHOICE OF THE PEOPLE, who had power to conferre the Kingdome on whom they pleased: averring, that Alfonso 1. 3. and 5. Iohn the 1. Emanuel and Antonio, Kings of Portugall, were thus elected, Which thoughssCensure in F. Ioseph… Teixerae libellū c. 75. to 83. De vera. Regum Portugalium Geneologia, lib. in the 2. Tom. of Icannis Pistorius Hispaniae illustrat…e. Duardus Nonius Leo, a Portugois Lawyer denyes, and seemes to resute; yet he grants freely, that the Parliament or Assembly of the Estates in Portugall have usually determined the Title, Right, and ordered the Succession of that Crown in the Cases of these Princes, and determined of their Legitimate or spurious birthes: That when the Kings of Portugall have dyed without Heires, they have BY THE LAW OF ALL NATIONS freely elected whom they thought meetest for their King: And that after the death of King Ferd…nand, they put by Iohn and Ferdinand the …onnes of King Peter, begotten of Agnes de Castro his Concubine, from the Crown, because they were bastards; and moreover enemies to the name and Realme of the Portugois, entring with Henry and Peter Kings of Castile, in an hostile manner with an Army into the Confines of Portugall wasting them every where, and doing great dammages to, and committing many murthers among their Citizens; for which reason, the States assembled at Cotmbri, resolved, that although they were legitimate, yet THEY COULD NOT OBTAIN THE SUCCESSION OF THAT KINGDOME, quod se hostes & alienos a Portugalia declarassent, because …HEY HAD THVS DECLARED THEMSELVES ENEMIES AND AL…ENS TO PORTVGALL. And therefore beleeving the Kingdome to be void for want of a right heire to succeed, in which case, BY THE LAW OF ALL NATIONS THEY MIGHT LAWFVLLY ELECT THEM WHAT KING THEY PLEASED, they chose Iohn the Bastard, King, After which he shewes, that Philip th… 2. his Tide to the Crown, was long debated by, and resolved in the Assembly of the States of Portugall in the life of king Henry, who summoned all the Pretenders to the Crown to come and declare their Titles to it in a Parliament held at Alm…erin, upon the Petition of the Senate and People, who earnestly pressed him, that the Title of the crown might be setled and discided during his life, to prevent division and c…vill warres after his death: By which it is apparent, that the Assembly of the Estates of Portugall, is the most Soveraign power and above their kings themselves.

It is clear, that the Gothish kings which reigned in Spain were not hereditary, but elective, yea, censu…able, excommunicable, and desposable by them for their Male-administrations. ttLib 5. p. 146. I…annis Mariana, De Rebus H…sp. l. 6. c. 4. 6. See Procopius, Vand 1. … l. 2. c. 20. l. …. 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 appear…s by the 5. Councell of Toledo. Thus Vallia the 1. king of the Goths, An. 418. Agila the 11. king An. 546. Luiba the 13. king An. 5…5. Gundamir the 18. king An. 610. Suintilla p. 58the 20. king An 621.vvGen. hist. of Spain, l. 5. p. 122. 140, 145, 146, 147, 149 Ro…san hist. Hisp… pars 2. in their lives, Ioan Mariana de Rebus Hisp. l. 5. & 6. Tul… 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,

xxGen. hist. of Spain, l. 5. p. 139 140. 145. Rod. sanct. hist. Hisp. par… 2. c. 15. 22.Theodiscle the tenth king of the Goths in Spaine, giving himselfe to lusts and adulteries, polluted great and honest families, corrupted Nobles wives, and committed many murthers; whereupon the chiefe of the Goths conspiring against him, strangled him at Sevill rioting in his banquets, and elected Agila for their king: So Victrix the 17. king of the Goths, a vitious base unworthy Prince, was miserably slain by his own people for his vitiousnesse, as he sate at Table.yyGen. hist. of Spain, l. 5. p. 146. Suin…illa the 20. king of the Goths, in the beginning was a good Prince, but in the end he grew exceeding covetous and cruell; wherefore the Goths made him resign his Kingdome about the yeare 630. and deprived him of the crowne, he was likewise excommunicated by the Bishops (whose power at that time began to equall that of Kings) at the 4. Councell of Toledo; which interdicted him, with Geilands brother, their wives and children, the communion and fellowship of the Church, and the possession of their goods gotten by violence and tyrannicall meanes; and Sisenand his adversary, with the consent of the people, obtained the Kingdom. The 6.zzGen. hist. of Spain, l. 5. p. 147 Concil. Toletanum …. c. 3. Surius Concil. T…m. 2. 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 s…orn, he should be excommunicate and accursed in sight of the eternall God, and made the fuell of eternall fire: which Canon was made, not only by the assent of this king & his Bishops but likewise with the consent & deliberation of his Nobles and great men. In theaaSurius Concil. Tom. 2. p. 739. 740. Mariana de Reb. …isp. l. …. 6. 6. 5. Councel of Toledo under this king it was decreed, C…n. 2, 3, 4, 5, 6, 7. That the kings children and faithfull servants after their death…, should not be deprived of the lands, honours, and just rewards by the succeeding kings, which had been conferred on them in their lives; That no man should aspire to the crowne lice…iously, under pain of excommunication and a divine Anathema, whom neither THE ELECTION OF ALL, nor the Nobility of the Gothisn Nation had no… advanced to this top of honour. That none should, during the kings life, endeavour or use meanes to succeed him after his death; nor yet revile the Prince, under paine of excomunication. All which particulars were ra…ified by newbbSurius Concil. tom. 2. p. 744. …45. 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 usu…p the kingdome by tyrannicall presumption; that none who had been shaven a Monke, or dishonestly bald, or descended from a servile stocke, or a m…n of a forraign Na…ion, 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 smitten with a perpetuall Anathema, and eternall condemnation, for breach of any the premises These Councels, as Mariana observes, were in truth Generall Assemblies of the Estates, where they handled not only matters of Religion, but likewise of the Commonweale by common consent of all. Bamba the 26. king of the Goths (afterccGen. hist. of Spain, l. 5. p. 149. 150. Rod…. san. hist Hisp. par. …. 1. 32. Surius Concil. c…m. 3. p. 3. Mariana de Rebus hisp. l. 6. c. 12, 14, 17. Lewes de May…rn Turquets computation which I follow but 32. after Roderick Sancho) was elected king by the Goths, as he was plowing with his Oxen in the field, being a plain countrey man. Some say, that he would never have received this honour and charge, but by constraint, and that refusing it absolut…ly, a Noble man of the Goths drew his p. 59sword, and threatned to kill him if he did not yeeld to the Gothes intreat…es, and that his Goad wherewith he drove his Oxen did suddenly in his hand bring forth leaves. fruit, and roots; whereupon he took this dignity upon him, more for fear than for any desire to reign. Anno 672. After which Eruinge ambitious of command, poisoned king Bamba, so as he became madde; for curing whereof many naturall and superstitious medicines were applyed, but to small effect; so as Bamba coming a little to himself again, and finding his disabilitie to govern, willingly quit the Crown, and retired himselfe into a Monastery at Pampliga, where he lived seven years and one monethmonth, andddSurius Concil. 3. p. 3, 4. Mariana de Reb. Hisp▪ l. 6. c. 17. Eruinge was chosen king in his pl…ce, whose Election was confirmed and allowed lawfull in the 12 Councill of Toledo, Can. 1. as Elected thereto by God, and ALL THE PEOPLES DESIRES; whom this Councell absolved from their Oath of allegiance formerly made to King Bamba, whiles he held the Kingdom. In the eeGenerall 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 ffGen Hist. of Spain. l. 5. p. 1…2, 153. Rod Sanct. Hi…. 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 infa…my and dishonour of Kings, being full of all excesse of Iust, impiety, hypoerisie and dissimulation, and exceeding in all vices without shame; he filled his Palace with many Wives, which he married, and Concubines too; he publikely allowed to all men, Nobles, Commons, Priests and Clergy, to marry as many wives, and keep as many W…ores as they pleased; he used grea… crueltie to many: flattered the Clergy, left by their censures they should draw the people from obeying so filthy and unchaste a king. To prevent all rebellions (under the colour of peace which Spain did then injoy) he caused all the Towns of Spain to be dismantled, except Leon, Toledo, and Asturica; he disarmed the people, disanulled all the immunities of the Church; he recalled the banished the Jews, and granted them great priviledges; he advanced a most …icked wretch to great honours, execrable to all the people, that so he might not say, himself was the worst of men: Finally, as a presage of his future miseries, he shewed (in all sorts of excesse and violence, contrary to the Laws of God and men) what Princes ill instructed and ignorant of true pietie could do: A Buffone asking him 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,ggGen. …ist. of Spain, l. 5. p. 153, 154, 155 Rod. S…ctius, Hist. Hisp. par…. 2. …. 37. Mariana de Rebu…, Hisp. l. 6. c. …1, 22, 23. …, Rodorick with the ayd of the Gothes Nobility and of the Romanes, chased this in famous Monster out of the Throne, which he unworthily held, defeated, and took him prisoner in a set battell, put out his eyes as he had put out others, confined him to Cordova, where he spent his dayes in misery, without Title or honour, and by suffrages of the peopleggGen. …ist. of Spain, l. 5. p. 153, 154, 155 Rod. …, Hist. Hisp. part. 2. c. 37. Mariana de Rebus, Hisp. l. 6. …. 21, 22, 23. Ill…stratae, Rodorick obtained the Crown; who soone after exceeded Vitiza in all manner of vices, cruelty, and tyrannie, and ravished the daughter of Iulian Earl of Cava, whiles he was in embassage in Affrick for the affairs of the kingdom; Who to revenge this indignity, and cast out this wicked Monster, Anno 713. called the Mores into Spain, who over-ran and conquered the Kingdom, destroyed Rodorick and put a Period to the Gothes kingdom in Spain. Thus Tyrannicall vitious Princes ruine at last both themselves and their Realms.

Among the hhIn … Hist. Tom. 3. p. … 860.Lawes of the Wisigothes, Lib. 2. c. 2. 6. I finde not onelyonly an Act declaring their Kings to be subject to their Lawes as well as subjects, but likewise a Law p. 60restraining their Kings excesses, and dis-inabling them to alien their Crown lands or revenues to their own Children or others, but onelyonly the Lands which themselves shall purchase; which was likewise decreed in the eighth iiSurius Concil. Tom. 2. p. 864, 865.Councill of Tolede, under king Recesuinthus, wherein there was this complaint made. Quosdam conspeximus Reges, postquam fuerint regni gloriam assequuti, extenuatis viribus populorum, rei propriae congerere lucrum; & obliti, quod reges sunt vocati, defensionem in vastationem convertunt, qui vastationem defensione pellere debuerunt; illud gravius innectentes, qu…d ea quae videntur acquirere, non regni depistant honori, vel gloriae, sed it a malunt in suo jure consundi, ut veluti ex debito descernant haec in liberourm posteritatem transmitti: Resolving, that non personae sed potentiae haec subdi debere, non habenda parentali successione, sed possidendaregali congressione; regem terrenum jura faciunt, non persona, &c. I likewise finde another kkLegis Wisigoth. l. …. c. 28. p. 869. and l. 6. c…. 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 offendors against himself, but denying him power to pardon any. Delinquents against the Nation or Countrey. All which considered, prove the whole State, Kingdom and Councels among the Spanish Gothes, to be above their kings, who were lyable to their restraints, excommunications, Laws, **Procop. Vand. 1. Amon l. …. c. 20. l. … c. 35. …. de Enc. Belli▪ l. 1. c. 3. Sect. 11.Censures, Depositions, for their male-administrations, vicious lives, and not successive but elected by them.