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

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

p. 60llGen, Hist of Spain, l. 6. p. …69 171, 172, 173, 174, 175, 177. Mariana de r…bus, Hisp. l. 7.Pelagius the first king of Oviedo, …as 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 …b…atan 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 the made war upon them. Froil… the fourth king of Ovedo treacherously slew his own brother Vtmaran a gallant Knight, generally beloved, (out of jealousie) lest he should usurpe the Crown; in revenge of whose death he was soon after slain by his own brother A…relius, Anno 767. who succeeded Froila in the Realm, notwithstanding he left a son called D Alphonso the chaste; but the hatred that the Noblemen did bear unto his father, was the cause of his r…j…ection, being then also very young; whereby it appears, that the right of succession was not in those dayes practised in Spain; Sillo his brother-in-Law succeeded him; after whose death by generall consent, the kingdom was given to Alphons…. mmGen Hist. of Spa l. …. p. 183Ramir 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 reig… 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.nnGen. Hist. of l. 7. p. 211. 226. Mariana de rebus. Hisp. 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, 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**Ioan. Vasaei Hisp Chron. An 899. p. 714. 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. ooGen. Hist. of Spain, l. 8. p. 242. Mariana de rebus Hisp. l. 9. 6, 8, 9.Anno 1071, Garcia king in Gallicia growing a tyrant, spoiled and ill intreated p. 61his Subjects, 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 harted, entred his Realm with a great Army; who thereupon being deserted generally by his people, sled 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 ppDe 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 Ferdina…d king of Spain, in the Emperors Name, That against the Custom of his Ancestors and prescript of Laws, he did with incredible a…rogancy 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 Chr…stendom could not well subsist, and the Pop…s Authority would likewise be impaired, unlesse all Christian kingdoms were united and knit to gether 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 Republik…s safety then indangered: B…t 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 Lega…s to Ferdinand in his own and the Councils name, to satisfie the Emperors demands fourthwirth▪ under pain of present excommunica…ion. 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 we…knesse and destraction, and the Kings desires of peace, inclined most to their opinion, But …ome heroick spirits thought that a most grievous yoke should thereby be laid on the liberty of Spain; Which being once admitted on their …ecks, 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; a 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 bus. 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 anew 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 Ancessors blood, give place to the Germans? Shall they leave dangers, repulses, iudgemen, p. 62want 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 spirits, 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 infamey 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, it to be defended with arms against the attempts of all men, and with this my sword I will maintain, THAT THEY ARE MOST WICKED TRAITORS TO THEIR COVNTREY, who out of a simulation of a fond Religion, or shew of preposterous caution, shall give contrary advice, neither shall resolve, that servitude is to be repudiated with greater care by us, then domination is affected by them. So farre forth as every one shall addict himself to the liberty of his Coun…rey, so far shall I be a friend unto him, or a deadly enemy. This opinion of Roderic prevailed, in pursuit where of 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 Rup…rt Cardinall of …aint 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 Iac…obus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large.

qqLi…. …. p. 240The Generall History of Spain, records, that the Councill of Florence resolved, that seeing the Kings of Spain had defended and conq…ered their Realms by Arms, without any ayd from the Emperours, they were free and exempt from all subjection and acknowledgement to the Emperours; whereof we may read the Glosse upon the Chapter Adrianus Papa, 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 desend themselves, and Elect other Princes, when they are deserted or destroyed by them.

rrGen. Hist. of Spain, l. 8. p. 243Anno 1083. Sacho Ramires king of Aragon, to supply the charg…s of his wars against the Moors, was sometimes forced to use the revenues of his Clergy, his Treasure being not able to furn…sh 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 pursuite of Raymund Dolmare, Bishop of that place, the Bishop of Jarca, and others, and to confesse publikely, that he had grievously offended. Thus those good Fathers publikely insulted over their Soveraigne.

p. 63ssGen. 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 Na…arre was slain in battell by his brother Raymond thinking to reigne after him, but the Navarroyes expelled him out of their confines, disdaining that he should raigne over them, who had embrued his hands in his kingly brothers blood, and sending to Sancho Ramires, ttHyeron. Blancae Arog…n. Rerum. Com. in S…nct. 4. p. 625. Gen. Hist. of Spain, l. 8. p. 243.4. king of Aragon, called him to raigne over them, because their slain kings sonnes were …oo young to raigne, and protect them from their enemies; by which meanes the kingdomes of Arragon and Navarre were united.vvGen. hist. l. 9. p. 274. to 279 …oan Mariana de Rebus Hisp. l. 10. c. 8. Rod. sanct. hist. Hisp. pars 3. c 30. Veracha Queen of Castile, a most lascivious open Adultresse, by her unchast life so farre 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 onelyonly a pension to support her life.xxGen. Hist. of Spain, l. 9. p. 281, 282. to 287. Rod. Sancti …ist Hisp pa…s 3. c. 30. Mariana De Reb. Hi…p 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 shat 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 nex… 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 …in 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 Borta. elected Ramier a Monke, brother to king Alphonso, for their King; who was much derided 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 Remi…es their King of Navarre; and so the Realmes of Arragon and Navarre which had been u…ited 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.yyGen. 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 h…s sences. A…no 1179. king. Alphonso assembled the Estates of Castile at Burgon, to leavie a Text upon the people, whereto the Nob…litie, as well as the rest, should contribute, imposing p. 645. Maravidis of gold for every person; but it took no effect: for all the Gentlemen of Castile being discontented, that he sought to inf…inge 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 lives. 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. zzG…n. Hist. of Spain, … 10, p. 339. Mariana de Reb. hisp. l. 11. c. 2….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 superfluities of the Realm in feasts, apparell, and other things.

aaGen. hist of Spain, l. 1…. p. 346. 347. l. 11. p. 3…0. 351. 352. 353. 35…. 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 king 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. Asphonso 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 Eleonorahis 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 Hous…s 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, heat 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 r…puted Felony nor Treason in the child that was the cause of it. After whose death Fernand the 3. was proc…aimed 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 t… her sonne Fernand: About this time the Moor…s in Spain rejected the Miralumims of A…rick, 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.bbGen. hist. of Spain, p. 363, 366, 367, 368.

An. 1228. the Estates of Arragon assembling at Barcelona, they consenting and p. 65requiring it according to the custome of the Arragonians and Cattelans, (these Estates having authority to make Warre and Peace, and Leagues) awarre 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.

ccGen. hist. … Spain, l 1…. 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 matrimoniall 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 some what 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 G…rone, for the maintenance of a Masse-priest. About which time theddGen. hist. c… 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.

eeGen. hist. of Spain, l. 11. p. 377, 378.Anno 1243. all was in combustion in Portugall by the negllgence 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 p. 66nor 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 Gāllicia, 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.

ffGen. 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 onelyonly by tradition: which Volume was confirmed by the Estates held at Huesca: 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.

ggGen. hist. of Spain, …. 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 Navarr…, 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 S…. …rmin 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 sines▪ 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 F…nes to be restored.

hhGen. hist. of Spain, l, 12. p. 390, 397.Alphonso the 3. fifth King of Por…gall putting away his … wife Mahauis without cause after he had children by her, and marrying …, 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 …, yeerspace, continuing still obstinate till his first wife dyed, after which he was absolved.

iiGen. hist. of Spain, l. 12. p. 393, 40…, 401.Anno 1260. and in some yeere following, there were divers … concerning the Crown Lands, and setling of Portions for the King of A…ragons younger children, moved and determined in the Assembly of the Estates of Arragons and the Nobility complaining, that their King Iames did b…ake …, made many Leagues and Factions. This matter being debated … Saragossa, and then at Exea 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 … 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 Ma…or 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 are co…peace of their vertue and valour, to any of his lawfull children, who by right have their portions in the Realme: p. 67Anno. 1274. Iames King of Arragon comming to the Councell of Lions, desirous thereto 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 d…base 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 differences 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 Catteloyne; 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.

kkGen. Hist. of Spain, …. 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 …eon, 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 doc, 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 AstronomerllGen. Hist. of Spain, l. 1…. 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 very 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 p. 68did binde the King, much lesse the Estates, to leave the Realme more to one sonne then to another: since which there was a law made and received in the time of Fernand the 5. in the City of Taro; where it was decreed by the Estates upon this difficulty, That the Children of the elder brother deceased, representing their fathers person, should in that respect be preferred before the Vncle: Hereupon Queen Violant, and Blanche widow to Fernand were so much discontented with the Decree of the Estates, disinheriting the eldest brothers sonnes, as taking the young children with them, they departed out of Castile to Don Pedro King of Arragon; where Don Sancho caused his Nephews to be imprisoned, whom king Alphonso labouring under hand to get releas…d, 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. VponUpon this there arose bloody Warr…s 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 paricide, 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 Custile, his h…ires succeeded him in that Realme, as lawfull heires thereunto.

mmH…ero…. Blanca. Rer. Arragon. Com. p. …60. Gen. Hist. of Spain, l. 12. …. 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 Vnion together among themselves and with the people; promising and swearing to l…t 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 p. 69were 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. 650.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 AlphonsonnGen. 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. VponUpon 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 mannors 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 Vn…on 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 VPONUPON 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 p. 70entred into a Vnion between themselves, resolving, That for the common cause of liberty Non verbis solum, SED ARMIS CONTENDERE LICERET; that it was lawfull for them to contend not onelyonly 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.

ooGen. Hist. of Spain, l. 13. p. 436, 465.Iames the second of Aragon being in Sicily at the death of King Alph…nso, Don Pedro his brother assembled the Estates at Saragossa, to consult, left the State in his absence would receive some prejudice; where James arriving, having first … 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 Principal…ty of Catelone, the which from that time should not for any occasion he disunited. In which assembly Don Iames eldest son to the Crown, being ready to mary 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 …ow 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.

ppGen. 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 Marry, his Protectresse; he had two competitors to the Crown, Alphonso de la Cede, and Don 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 M… dina, they refused to meet without the expresse command of the Queen Mother, who commanded them to assemble, and promised to be present, After this divers 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 therebeing 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 p. 71the 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 Marry, 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 Estates. goods and honour: Which done, the Deputies of the Estates swore him Fealty. qqGen. Hist. of Spain, l. 13. & 14. pass….This King afterwards proving very cruell and tyrannicall, his Nobles and Subjects of times successively took up defensive armes against him, his Tyranny augmenting their obstinacy, 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. rrGen. 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.

ssGen. 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 p…rson. Which Kingdome went by Election commonly, as is evident by his three next successours, and Mahumet the sixth King of Granado.

ttGen. 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, p. 72and 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 kings their Predecessors, and by their Ministers, without delay, notwithstanding any Let.

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 infringe 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.vvGen. hist. of Spain, l. 14. p. 497, 498. VponUpon 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 thisxxGen. hist. of Spain. l. 14. p. …76. Anno 1328. the Estates of Navarre assembled at Puentala 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 Pampelone, 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 p. 73to Queen Iane. These prevalled, 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.

yyGen. 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. A…ter which a far**Which you may read at large, Gen. hist. of Spaine, l. 17. p. 625. 626. stricter Oath was administred to Charles the 3, An. 1390.

zzGen. 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 their Father, the Realm did belong to him by right of propriety, 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.

aaGen. Hist. of Spain, l. 14. p. 483, 484, 485, 486, 493, to 498, 504. Dr Beards Theatre of Gods Iudgements. Mariana 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 C…stile, from Almanca unto P…gnafield; the Prior of Saint Iohns, Don Fernand Rodrigues, hereupon caused the Cities of Toro, Zamora, and Vailledolit, to rebell and shut their ga…es against the King; and many others likewise re…olted 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 j…yned with Mahumet king of Granado, and the Moors in a warre against him, which lasted three or four yeers, putting him to infinite troubl…, exations and expences, enforcing him to make a dishonourable peace with the Moors, to release the Tribute which they payed him formerly; and after much media…on he concluded a Peace thorowout all the Realm with his discontented Subjects. This Prince thinking p. 74to 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 courreous 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.

bbGen. 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.

ccGen. 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 Doxna Maria de Paedilla, by whom hee was inchanted, which much troubled the whole Court; divorcing himselfe without colour, by the advice onelyonly 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 Castile, 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 136…. 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 p. 75revolted 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 …ell in the Realm, to maintaine the warres against Pedro; who getting ayde from the English upon conditions, accompanied with the valiant Black**See Mr. Seldens Titles of Honour, part 1 chap. 8. pag. 165. to 1…1. 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 not 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 with all 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 K…ng 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, …o 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 Spaine, in Ioannis Pistorius, his Hispanie 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 Spain, which will give great light and confirmation to the premises.

First, for the Antient Kings of the Gothes in Spain, bbLib. 2. c. o… l. 4. c. 35.Aimoinius, ccDe Iure belli & pa… is, l. 1. c. 3. sect. 11. p. 58.and Hugo Grotius out of him,ddVandal. 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 theeePrecopius Goth. 2. Heruli, ffExcerpt. Dionis, & Gretius, De lure Belli. l. 1. c. 3. Ad notata sect. 11. p. 72.Quadi, Iazyges, ggPaulus Wiarnafred l. 4. & 6.Lombardes, hhAmmiannus lib. 28. Loanicus ChalcochondylesBurgundians iiIoan, Leo li. 7Moldavians kkGenerall History of Spain, l. 7. to 20. passim.Africans, the (l) Moores in Spaine, themmSolinus l. 1…. Groti…s de lure Belli l. c. 3. sect. 9. p. 57 two annuall Kings of Carthage, thennTacitus de mor. GermGretius Ibid. Dionis. Hal l. 2. & …. antient Germane Kings the Kings of Sparta; and most other Kings of Greece, as Historians and Authors of best credite relate.

p. 76Secondly, for the Kings of Arragon, and originall constitution of the Kingdom, I find this memorable passage in Hieronymus Blanca his Rerum Arragonenfium 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, retified 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; left, 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 pleasures 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.

p. 77Let the King beware, that he begin no Warre, that he enter into no Peace, conclude no T…uce, 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 Iudge 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 onelyonly 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 Iunicus 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; on… 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 foras aut libertates regnum a sepremi in suturum continger…, alium sive sidelem, sive insid… lem Regem ad … endum li…er ipsi Regno aditus, pa… et. 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 p. 78publike Vnion; ordaining, that it should be lawfull and just for them, to meet all together, ET REGI 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 themselvs 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,rrSee Ioannis de Laet Hispan. Descr. p. c. 5. p. 107. That it shalbe lawfull for the Estates of the Realm, i… 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 Pretecture 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 enlarge as there was need.ssPag. 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 p. 79say 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 right 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 Descrip…io Hispaniae, cap. 5. cite. Ioannis Mari. and De Rebus Hisp. l. 8. c. 1. & Gen. hist. of Spain, l. 17. p. 618.

To which l shall onelyonly adde this most notable custome and ceremony used at the Coronation of the Kings of Arragon, recorded (q) byttQuaest. 3. p. 162, 163. by Iunius Brutus, (r) Franciscus Hotomanus, vvFranco-gal. c. 10. p. 75. 76. De Iure Magist. in s…bditos, p. 282, 283.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 QVI VALEMOS TANTO COME VOS, Y PODEMOS MAS QVE 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 somewhat an over-large account of the two**See 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 their 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 Iunius Brutus his Vindiciae Contra Tyrannos, De jure Magistratus in …ubditos, and Francisci Hotomani his Franco-Gallia; and Controvers. Illust. for France: …oannis Mariana, de Rege & Regum Instit. l. 1. with his History of Spain, Hieronimus Blanca, Rerum Arragonensium Commentarius, Ioannis de 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.

p. 80I 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 Venice is above their Duke, or the States of the Low Countries superiour to the Prince of Orange; and may upon just occasion not onelyonly forcibly resist them with Arms, but likewise depose (if not adjudge them unto death) for their Tyranny, asHHCommonweal, l. 1. c. 10. l. 2 c. 5. Iohn Bodin, the …istories 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 onelyonly Dukes, and made their republikes, Principalitis, Dukedoms or Kingdoms at their pleasure. To give onelyonly some briefe touches concerning these Realmes and their Kings.