The Sovereign Power of Parliaments and Kingdoms, Appendix · Subpart 8 · Floating text 1 – Floating text 2

The Sovereign Power of Parliaments and Kingdoms · Appendix · Subpart 8 · Floating text 1 – Floating text 2

p. 173Archiepiscopt Ammonitio ad Regem dicendo it a (in the name of all the Clergy.)

A vob is perdonari petimus, ut vnicuique de Nobis & Ecclesis nobis Commissis, Canonicum privilegium, & debitam legem atque justitiam conservatis, & defensionem exhibeatis, sicut Rex in Regno suo debet unicuique Episcopo, & Ecclesiae sibi Commissae.

Responsio Regis ad Episcopos.

Promit to vobis & perdono, quia vnicuique de vobis & Ecclesiis vobis commissis Canonicum privilegium, & debitam legem atque justitiam conservabo, & defensionem quantum potuero exhibebo, Domino adjuanente, sicut Rex in suo Regno unicuique Episcopo & ecclesiae sibi commissae per rectum exhibere debet.

Item… haec dicit Rex, & p…omittit & firmat juramento.

Haec populo Christiano & mihi jubdito, in Christi nomine, promitto: In primis, Vt Ecclesiae Dei, omnis Populus Christianus veram pacem nostro arbitrio in omni tempore servet; & superioritatem, jura, & Nobilitates Coronae Franciae inviolabiliter custodiam, ET ILLA NEC TRANSPORT ABO NEC ALIEN ABO. Item, ut omnes repacitates & omnes iniquitates omnibus gradibus interdicam. Item, ut in omnibus judiciis aequitatem & misericordiam praeoipiam, ut mihi & vobis indulgeat persuam misericordiam cl…mens & misericors Dominus. Item, de terra mea ac jurisdictione mihi subdita universos Haereticos Ecclesia denotatos, pro viribus bona fide exterminare studebo. Haec omnia praedicta firmo juramento.

Tum manum apponat Libro & librum osculetur) These things, though they have been altered, and are farre different from the ancient forme of the Oath which is extant in the Library of the Chapter of Belvace, to which Philip the first is found to have sworn; yet notwithstanding they are plainly enough expressed: Neither is the King girt with a sword, annointed, crowned by the Peeres (who even themselves are adorned with Coronets) or receives the Scepter or rod of Iustice, or is proclaimed King,See Hotoman. Franco-Gallia …. 6. 7. 10. before THE PEOPLE HAVE COMMANDED IT; Neither doe the Peeres themselves swear fealty and homage to him, untill he shall have given his faith unto them, That he will exactly keep the Lawes: Now those are, that hee shall not waste the publike Patrimony: that he shall not impose nor enjoyn customes, Taxes, Tributes at his owne pleasure, Nor deneunce warre, or make peace; Finally, that he shall determine nothing concerning the publike affaires, but in a publike Councell: Also, that the Senate, the Parliaments, the Officers of the Kingdome shall constantly enjoy their severall authorities; and other things which have been alwayes observed in the Realm of France. Yea verily, when he enters into any Province or City, hee is bound to confirm their priviledges, and he binds himselfe by Oath to preserve their Lawes and Customes: Which custome takes place by name among those of Tholouse Dolphenie, Britanny, Province and Rochel; whose agreements with Kings are most expresse; all which should be frustrate unlesse they should be thought to hold the place of a condition in the contract.**De Iure Magist. in Subditos 290, 19, 292. S…e the French Hist. in his life. Yea Charles the 7. made a peace with Philip Duke of Burgundy (whose Father Iohn he had …reacherously slain) with this expresse clause contained in it,**Bodin Commonw. l. 5. c. …. p. 632. 633. confirmed with the Kings own Seale; That if he should break this Agreement, his Tenants, feudataries; and subjects present and to come, should not be thence forth bound either to obey or serve him, but rather the Duke of Burgundy and his Successours, and that they should be freed and absolved from all the fealty, Oathes, promises, obligations and duties whatsoever, under which they were p. 174formerly obliged by Charles. The like we read between King Lewis and Charles the Bald. Yea, Pope Iohn the 22. in the Treaty between Philip the long of France, and the Fl…mmings, caused it to be set downe, That if the King did infringe the Treaty, it might be lawfull for his Subjects to take Armes against him; And if was usuall among the first Kings of France in their Treatises with other Princes, to sweare, that if they brake the Treaties made by them, their Subjects shall be free from their obedience, as in the Treaty of Arras and others.In Annal▪ Burg. The Oath of the ancient kings of Burgundy is extant in these words, I will conserve Law, justice, and protection to all men. In England, Scotland, Sweden, Donmarke, there is almost the same custome as in France, and verily no where more directly then in Spain. For in the Kingdome of Arragon, many ceremonies being dispatched between him who represents the justice of Arragon, or publike Majesty, who sits in an higher Throne, and having read the Lawes and conditions, which he is to observe who is to be crowned King, Who both fealty and homage to him, the Nobles at last speake thus to the King in their owne language; We, who are as powerfull as you, (for so the Spanish Idiom imports) and can doe more then you▪ have chosen you King upon these and these conditions, Between you and us there reignes one greater then you; (to wit, the Iustice of Arragon.) Now lest he should think he had sworn those things onelyonly perfunctorily, or onelyonly for to observe the old custome, these very words are wont to be repeated every third yeere in the publike Assembly: But if he shall grow insolent trusting to his Royall power, shall violate the publike Lawes, finally, shall neglect the Oath he hath taken; then verily by the Law it selfe, he is deemed excommunicated with that grandest excommunication (or Anathema) wherewith the Church in former times excommunicated Iulian the Apostate; whose force truly is such; that no more prayers may be conceined for him, but against him; and they themselves are clearly absolved from their Oath and Obligation by that Law, whereby a vassall out of duty ought not to obey an excommunicated Lord, neither is bound to do it by his Oath;In Concil. Tol. 4. c. 74. & Tol. 6. l. 2. feud. tit. 28. par. 1. which is ratified among them by the Decree both of a Councell, and of a Parliament or publike Assembly. Likewise in the kingdome of Castile, an Assembly being summoned, the King that is to be crowned, is first publikely admonished of his duty; after which, most expresse conditions are read, which pertaine to the profit of the Republike: Then the King sweares, that he will diligently and faithfully observe them; then at last the great Master of the Knights binds himselfe to him by Oath, whom the other Princes and Deputies of Cities afterwards follow every one in his order;La ioyeuse en…r. which also is in like manner observed in Portugall, Leon, and the other kingdomes of Spain. Neither verily, were lesser principalities instituted by any other Law. There are extant most expresse agreements of the Brabanders, of the other people of Belgia, Austria, Carintha, and other provinces, made with their princes, which verily have the place of conditions; But the Brabanders expresly, that place might not be left to any ambiguity, have expressed this condition. For in inaugurating their Duke, in ancient conventions, wherein there is almost nothing wanting for the preservation of the Republike, they being all read over before the Duke,Ludovic. Guie. they protest openly and plainly to him, that unlesse he shall observe them all, That it shall be free for them to chuse another Duke at their pleasure: Which conditions he embracing and willingly acknowledging, he then binds himselfe by Oath to observe them, which was also observed in the inauguration of Philip the p. 175last King of Spaine, In sum, no man can deny, but that there is a mutuall binding contract between the King and subjects, to wit, That he raigning well, shall be well obeyed: Which verily is wont to be confirmed with an Oath by the King first, afterwards by the people. Now verily I demand here, why any man should sweare, but that he may shew that he speaks from his heart and seriously? whether truly is there any thing more agreeable to nature, then that those things which have pleased us, should be observed?L. 1. D de pact. l. non minorem. 20 D de transact. Moreover, why doth the King swear first, at the peoples stipulation or request, but that he may receive either a tacit or expresse condition? But why is a condition annexed to a contract, but onelyonly to this end, that if it bee not fulfilled, the contract should become voide in Law it selfe? But if through default of performing the condition, the contract be voide in Law it selfe, who may call the people perjured, who shall deny obedience to a King, neglecting that condition which hee might and ought to fulfil, & violating that law to which he hath sworn? Yea, who on the contrary would not account the King faedifragous, perjurious & altogether unworthy of that benefit?Lib. 2. feudor. 2. 26. § 4. a. lit. 47. For if the Law freeth the Vassal from the bond of his Tenure, against whom the Lord hath committed felony or perjury, although the Lord truly doth not properly give his faith to his Vassall, but his Vassall to him: if the Law of the twelve Tables commands a Patron who defrauded his Client to be detestable: if the civil laws permit a villain enfranchised an action against the outragious injury of his Lord; if in these cases they free a servant himself from his Masters power, wheras yet there is only a naturall not civill obligation therein, (I shall adde out of**Dionys. Hal. l. 2 pag. 303. 304. Dejure Magistratus in subditos. If in Matrimony, which is the nearest and strictest obligation of all other between men, wherin God himselfe intervenes as the chief Author of the contract, and by which those who were two are made one flesh, 1 Cor 7. 15.1 Cor 7:15if the one party forsakes the other, the Apostle pronounceth the party forsaked to be free from all obligation, because the party deserting violates the chief condition of marriage, &c.) Shal not the people be much more absolved from their Allegiance which they have made to the King, if the King, who first solemnly sweares to them, as a Steward to his Lord, shall break his faith? Yea verily whether if not these Rights, not these Solemnities, not these Sacraments or Oathes should intervene, doth not nature it selfe sufficiently teach, that Kings are constituted by the people, upon this condition, that they should reign well? Iudges, that they shall pronounce Law? Captaines of warre, that they should lead an Army against enemies? But and if so be they rage, offer injury, so as themselves are made enemies, as they are no Kings,Cic. 1. …. so neither ought they to be acknowledged by the people. What if thou shalt say, that some people subdued by force, the Prince hath compelled to swear to his commands? What, say I, if a Thiefe, a Pyrate, a Tyrant, with whom no society of Law or Right is thought to be, should with a drawn sword violently extort a deed from any one? Is it not known, that fealty extorted by force bindeth not, especially if any thing be promised against good manners, against the law of nature? Now what is more repugnant to nature, then that a people should lay chaines and fetters upon themselves, then that they should lay their own throats to the sword? then that they should lay violent hands upon themselves? (or which is verily the same thing) promise it to the Prince? Therefore there is a mutuall obligation between the King and people, which whether it be only civill or naturall, tacit, or in expresse words, can be taken away by no agreements, violated by no Law, rescinded by no force: Whose force only is so great, that the Prince who shall contemptuously p. 176break it, may be truly called a Tyrant, the people who shall willingly infringe, it seditious: So this grand accute Lawyer determines. I shall close up this with the unanimous resolutions and notable decree of the United Netherland Provinces. Anno Dom. 1581. declaring Philip King of Spain to be fallen from the Seigniorie of the Netherlands for his Tyranny and breach of Oath, which is thus recited by Grimstone, and recorded in his generall History of the Netherlands, page 658, to 667.

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

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

So the generall Estates of the united Provinces,See Meteranus Belg. …rist. l. 11. seeing that King Philip would not in any sort (through his wilfulnesse) yeeld unto their humble suite and petitions; and notwithstanding all the offers they could make to purchase a good, firme, and an assured, peace, (notwithstanding all the intercessions both of the Emperour, the French King, the Queen of England, and other great Princes and Potentates of Christendom) yet would he not give eare to any other reason, but what himselfe did propound: the which the said Estates did not only find unjust and unreasonable, directly repugnant to their liberties, constitutions, and freedomes of the Countrey; but also contrary to their consciences, and as it were so many snares layed to catch them, which were in no sort to be allowed of, nor received, considering the qualitie of their affair and his, according to the time. In the end, rejecting all feare of his power and threats, seeing p. 177they were forced to enter into all courses of extremity against a Prince, which held himselfe so hainously offended, as no reconciliation could be expected, relying upon the justice and equitie of their cause, and sinceritie of their consciences (which are two brazen bulwarks) they were fully resolved (without dissembling) to take the matter thus advanced in hand, and opposing force against force, meanes against meanes, and practises against practises, to declare him quite fallen from the Seigniorie, preheminence, and authority, which before the troubles, the breach of their priviledges, right, freedomes, and immunities, so often and so solemnly sworne by him, and dispensation of his Oaths, he had or was wont to have in the said Provinces respectively. Whereof they made open declaration by a publick Edict, the tenour whereof followeth.

The Generall Estates of the united Provinces of the Netherlands,The Edict of the generall Estates declaring the King of Spaine to be fallen from the Seigniory of the Netherlands. to all those that these presents shall see, reade, or heare, greeting As it is well known unto all men, that a P…ince and Lord of a Countrey is ordained by God, to be Soveraign and head over his subjects, and to preseveve and defend them from all injuries, force, and violence, even as a shepheard for the defence of his sheep, and that the subjects are not created by God for the Prince, to obey him in all he shall command, bee it with God, or against him, reasonable or unreasonable, nor to serve him as slaves and bondmen; but rather the Prince is ordained for his subjects (without the which he cannot be a Prince) to governe them according unto equity and reason,See Meteranus and others. to take care for them, and to love them even as a father doth his children, or a shepheard his sheep, who putteth both his body and life in danger, to defend and preserve them. If the Prince therefore faileth herein, and in stead of preserving his subjects, doth outrage and oppresse them, depriveth them of their priviledges and ancient customes, commandeth them, and will be served of them as of slaves, they are no longer bound to respect him as their Soveragn Prince and Lord, but to esteem of him as a Tyrant; neither are the subjects (according unto Law and Reason) bound to acknowledge him for their Prince;Note. so as without any offence, being done with deliberation and the authority of the Estates of the Countrey, they may freely abandon him, and in his place chuse another for their Prince and Lord, to defend them: especially, when as the subjects by humble suit, intreatie, and admonitions, could never mollifie their Princes heart, nor divert him from his enterprises an tyrannous designes: so as they have no other meanes left them to preserve their antient libertie, their wives, children and posterity, for the which (according to the lawes of nature) they are bound to expose both life and goods; as for the like occasions, we have seene it to fall out often in divers Countries, whereof the examples are yet fresh in memory. The which ought especially to bee of force in these Countries, the which have alwayes been and ought to be governed, according, unto the oath taken by their Princes, when they receive them, conformable to their priviledges and antient customes, having no power to infringe them: besides that, most part of the said Provinces have alwayes received and admitted their Princes and Lords upon certaine conditions, and by sworn contracts; the which if the Prince shall violate, hee is by right fallen from the rule and superiority of the Countrey. So it is, that the King of Spaine (after the decease of the Emperour Charles the fifth, his father of famous memory, from whom all these Countries were transported unto him) forgetting the services, which as well his father as himselfe p. 178had received of these Countries, and the inhabitants thereof, by the which especially the King of Spain had obtained such glorious and memorable victories against his enemies, as his name and power was renowned and feared throughout all the world; forgetting also the admonitions which his said Imperiall Majesty had heretofore given him: and contrariwise, hath given eare, beliefe, and credit unto them of the Councell of Spain which were about him; the said Councell having conceived a secret hatrrd against these Countries and their Liberties (for that it was not lawfull for them to command there, and to govern them, or to merit among them the chiefe places and offices, as they doe in the Realm of Naples, Sicilie, Millaine, at the Indies, and in other Countries which are subject to the Kings command, being also moved thereunto by the riches of the said Countries, well knowne to the most of them:) the said councell, or some of the chiefe of them, have oftentimes given the King to understand, That for his Maiesties reputation and greater authority, it were better to conquer the Netherlands anew, and then to command absolutely at his pleasure, than to govern them under such conditions, which he at his reception to the Seigni…ry of the said Countries had sworn to observe. The King of Spain following this counsell, hath sought all meanes to reduce these countries (spoiling them of their ancient Liberties) into servitude, under the government of Spaniards: having under pretext of Religion sought first to thrust in new Bishops into the chiefe and greatest Townes, indowing them with the richest Abbeyes, adding to every Bishop nine Chanons to serve him as Councellors, wherof three should have a special charge of the Inquisition. By which incorporation of the said Bishops, being his creatures, and at his devotion (the which should happily have been chosen as well of strangers, as of them which were born in the Country) they should have the first place and the first voyce in the assemblies of the Estates of the Country. And by the adiunction of the said Chanons, had brought in the Inquisition of Spain, the which had also bin so abhorred, and so odious in these Countries, even as slavery it selfe, as all the world doth well know: So as his Imperiall Maiesty having once propounded it unto these Countries, upon due information given unto His Maiesty, ceased from any more speech thereof, shewing therein the great affection which he bare unto His Subiects. Yet notwithstanding divers Declarations which were made unto the King of Spain, as well by the Provinces and Townes in particular, as by some other of the chiefe Noblemen of the Country, namely, by the Baron of Montigny, and afterwards by the Earle of Egmont, who by the consent of the Dutchesse of Parma (then Regent of the said Countries) by the advice of the Councell of Estate, and of the Generalty, had to that end been successively sent into Spain: And notwithstanding that the king had by his own mouth given them hope, that (according to their petitions) hee would provide for the contentment of the Country; yet that he had since by his letters done the contrary, commanding expresly, and upon pain of his indignation, to receive the new Bishops presently, and to put them in possession of their new Bishopricks and incorporated Abbeyes, to effect the Inquisition, where they had begun to practise it, and to observe the Decrees and Canons of the Councell of Trent, the which in divers points doe contradict the priviledges of the Countrey. The which being come to the knowledge of the Commons, hath given just occasion of so great an alteration among them, and greatly diminished the love and affection, the which (as good subjects) they had alwayes borne unto the King, and to his predecessours. p. 179For they called chiefly into consideration, that the King not onelyonly pretended to tyrannize over their persons and goods, but also upon their consciences, whereon they held themselves not to be answerable, not bound to give account to any one but to God only. For this cause and for the pitty they had of the poor people, the chiefe of the Nobility did in the yeare 1566. exhibit certain admonitions by way of a Petition, beseeching him, that for the pacifying of the Commons, and to avoid all tumults and seditions, it would please his Majesty, (shewing the love and affection, which as a mild and mercifull Prince he bare unto his Subjects) to moderate the said points, and especially those which concerned the rigorous Inquisition, and punishment for matters of Religion. And to informe the King more particularly thereof, and with more authority, and to let him understand, how necessary it was for the good and prosperity of the Countrey, and for the maintenance of peace and tranquility, to abolish and disannull those innovations, and to moderate the rigour of publike Edicts, for matter of Religion; the said Marquesse of Berges and Baron of Montigny, at the request of the said Lady Regent, the Councell of Estate, and the Generall Estates of all the Countries, went into Spain as Embassadors: whereas the King, instead of giving them audience, and to prevent the inconveniences delivered by them, (the which, for that they were not redressed in time, as urgent necessity required, began in effect to discover themselves throughout the whole Countrey) by the perswasion and advice of the Councell of Spain, hee hath caused all them to be proclaimed Rebels, and guilty of high Treason, and to have forfeited body and goods, that presented the said Petition. And moreover (thinking himselfe to be fully assured of the Countrey, by the Forces of the Duke of Alva, and to have reduced them under his full power and subiection) he had afterwards, against the Lawes of Nations, (the which have been in all ages inviolably observed, yea among the most barbarous and cruell Nations, and most tyrannous Princes) imprisoned, and caused the said Noblemen Embassadors to be put to death, confiscating all their goods▪ And although that all this alteration (which had hapned in the yeare 1566. upon the foresaid occasion) was in a manner pacified by the Regent and her councell, and that the greatest part of them which had presented themselves unto her for the Liberty of the Countrey, were retired, or chased away, and the rest brought under obedience: yet not to lose the opportunity which the Councell of Spain had long expected (as it appeared plainly the same yeere 1566. by Letters intercepted, which were written by the Embassador Alana to the Duchesse of Parma) to have meanes under some pretext to overthrow all the priviledges of the Country, and to govern them tyrannously by the Spaniards (as they did the Indies and other Countries which had been newly conquered by them) he by the advice and councell of the said Spaniards (shewing therein the small affection which he bare unto his Subiects of these countries, contrary unto that whereunto he was bound, as their Prince, protector and good Shepheard) sent into these countries the Duke of Alva, very famous for his rigour and cruelty, and one of the chiefe enemies of these countries, with a councell of the same Humour and disposition. And although that the said Duke of Alva entred with his Army into this countrey, without any let or opposition, and was received of the poore Inhabitants with all reverence and Honour, expecting all mildnesse and clemencie, according unto that which the King had so often promised by His Letters fainedly written; yea, that He was resolved to p. 180come himselfe in person into the Countrey, and to order all things to every mans content; the said King having besides all this (at the very instant of the Duke of Alva his departure) caused a fleet of ships to be armed in Spaine, to bring him hither, and another in Zeeland to goe and meet him (as the bruite was) to the great charge of the Countrey, the better to abuse his poore subjects, and to draw them more easily into his snares: notwithstanding, the said Duke of Alva presently after his arrivall (although he were a stranger, and not any way of the blood Royall) gave it out, that hee had a Commission from the King, of Governour Generall of the Countrey, the which was quite contrary to the priviledges and antient Customes thereof: and discovering his designes plainly, he suddenly put garrisons into the chiefe Townes and Forts of the Countrey, and then he built Citadels in the richest and strongest Townes, to keep them in subjection. And by commandement from the King (as they said) he friendly called unto him, as well by letters, or otherwise, the chiefe Noblemen of the Countrey, pretending, that he had need of their councell and assistance, for the service of the King, and the good of the Countrey: who (having given credit to his letters) were come unto him, whom, contrary to the priviledges, hee caused to bee carried prisoners out of Brabant, where they had been apprehended, causing their processe to bee informed before him and his Councell (although they were no competent Iudges;) and before any due proofes were made, and the Noblemen that were accused, fully heard in their defences, they were condemned to have committed Rebellion, causing them to be publikely and ignomiously put to death. Others, who for that they were better acquainted with the Spaniards dissembling, were retired and kept out of the Countrey, were declared Rebels, and guilty of high treason, and to have forfeited bodies and goods: All which was done, to the end the poor inhabitants should not aide themselves in the just defence of their liberty, against the oppression of the Spaniards and their forces, by the help and assistance of these Noblemen, & Princes. Besides, an infinite number of Gentlemen & rich bourgers, whereof some he hath put to death, others he hath chased away & forfeited their goods, oppressing the rest of the good inhabitants, as well by the insolence of the souldiers, as by other outrages in their wives, children, and goods; as also by divers exactions and taxes, forcing them to contribute for the building of new Citadels and fortifications of towns, which he made to oppresse them, & also to pay the hundreth and the twintieth peny, for the payment of souldiers, wherof some were brought by him, and others newly levied, to employ them against their Countreymen, and themselves, who with the hazard of their lives sought to defend the liberties of their Countrey: to the end that the subjects being thus impoverished, there should be no meanes to frustrate his designes, for the better effecting of the instructions which had been given him in Spain: which was, to use the Countrey as newly conquered. To which end, in some places and chiefe Townes, he changed their forme of government, and of justice, and erected new Consuls after the Spanish manner, directly contrary to the priviledges of the Countrey. And in the end (thinking himselfe free from all feare) he sought to bring in by force a certaine imposition of the tenth peny, upon all marchandise and handi-works, to the absolute ruine of the Commons, whose good and prosperity consists chiefly in traffique and handi-works; notwithstanding many admonitions and perswasions made to the contrary, as well by every one of the Provinces in particular, as by all in generall. The which he had effected p. 181by force, if it had not beene that soon after by the means of the Prince of Orange, (and a good number of Gentlemen, and others borne in these Countries) banished by the Duke of Alva, following the party of the said Prince, and being for the most part in his service, and other inhabitants affected to the libertie of their Countrey, the Provinces of Holland and Zeeland had not revolted, and put themselves under the Princes protection. Against which two Provinces the Duke hath since during his Government, and after him the great Commander of Castile (sent in his place by the King, not to moderate any thing of his Predecessors Tyrannie, but to pursue it more covertly and cunningly than he had done) forced those said Provinces, who by their Garrisons and Citadels, were made subject to the Spanish Yoke, to imploy their persons and meanes to helpe to subdue them: yet no wayes easing the said Provinces, but intreating them like enemies, suffering the Spanyards under the colour of a mutinie, in view of the said Commander, to enter by force into the Town of Antuerpe, and there to continue six weeks, living at discretion at the poore Bourgers charge; forcing them moreover (to be freed from their insolencies) to furnish foure hundred thousand florins, to pay the said Spanyards: which done, the said Souldiers (growing more bold through the sufferance of their Commanders) presumed to take Armes against the Countrey, seeking first to surprize Brussels, and in the place of the ancient and ordinary seate of Princes, to make it a nest and den of theeves. The which not succeeding according to their designe, they tooke Alost by force, and soone after forced the Towne of Maestricht. And since being violently entred into Antuerpe, they spoyled it, sacked it, and wasted it with fire and fword, in such sort, as the most barbarous and cruell enemies could not have done more, to the unspeakable losse, not onelyonly of the poore inhabitants, but in a manner of all the Nations of the world, who had their Merchandise, debts, and money there. And although the said Spanyards by a Decree of the Councell of Estate (to whom the King by the death of the great Commander, had conferred the generall Government of the Countrey) were in the presence of Ieronimo de Rhoda, proclaimed enemies to the Countrey: yet the said Rhoda of his owne private authority (or as it is to bee presumed, by vertue of some secret instruction which he had from Spaine) took upon him to be the head of the said Spanyards, and their adherents, so as without respect of the Councell of Estate, he usurped the kings Name and Authority, counterfeited his Seale, and carried himself as a Governour, and the Kings Lieutenant in these Countries. The which moved the Estates at the same instant to agree with the Prince of Orange, and the Estates of Holland and Zeeland: which accord was allowed by the Councell of State (as lawfull Governours) that they might joyntly with their common forces, make warre against the Spanyards: Omitting not as good subjects, by divers humble petitions, to beseech the King to have regard unto the troubles, oppressions and insolencies which had hapned, and were like to follow: and that hee would bee pleased with all convenient speed possible, to command the Spanyards to depart out of the Countrey, and especially those which had been the cause of the sack and ruine of the chiefe Towns of his Countrey, and other innumerable insolences and violences which his poore subjects had endured, to the comfort and ease of them which had endured them, and to the example of all others: yet notwithstanding; the King (although that he made shew by words, that what had hapned, displeased him, and was against his will, and p. 182that he had an intent to punish the heads and authors, and to provide for the quiet of the Countrey with all clemency, as it behoved a mercifull Prince) hath not onelyonly neglected to punish the said Heads and Authors: but contrariwise, (as it appeareth) all was with his consent and former resolution of the councell of Spain, as certain letters of his, intercepted soon after, do plainly shew: by the which it was written unto Rhoda, and to the other Captains, authors of all the mischiefe, That the King did not blame that action, but did allow thereof, and commend it, promising to recompence them, especially the said Rhoda, as having done him a singular service: The which, at his return into Spaine, and to all other ministers of the oppressions that were used in these Countries, he did shew by effect. At the same time, the King thinking the better to blinde the eyes of his subjects, sent into these Countries for Governour Generall, Don Iohn of Austria, his base brother, as being of his blood: who (making shew unto the Estates, that he did allow of the Pacification of Gant, promised to send away the Spanyards, to punish the authors of all insolencies and disorders which had hapned in the Countrey, and to take an order for the generall peace, and the restoring of their ancient liberties) sought to divide the Estates, and to subdue one Countrey after another. By the permission and providence of God, who is an enemy to all oppression, he was discovered by the intercepting of certain letters, where he was commanded by the King to govern himself in these Countries, according to the Instructions that should be given him by Rhoda: and to cover this practice, the King had forbidden Don Iohn to speake with him, commanding him to carry himselfe unto the chiefe Noblemen with all mildenesse and courtesie, to winne their loves, untill that by their assistance and meanes, he might reduce Holland and Zeeland, and afterwards work his will of the other Provinces. Whereupon Don Iohn, notwithstanding that he had solmnly sworn in the presence of all the Estates of the Countrey, to observe the said Pacification of Gant, yet contrary thereunto he sought by meanes of their Colonels (whom he had already at his devotion) and great promises, to winne the Germane souldiers who were then in Garrison, and had the guard of the chiefe Townes and Forts of the Countrey, whereof by that meanes he made himselfe master, holding himselfe assured of those places they held, and so by that meanes to force them that would not joyne with him, to make warre against the Prince of Orange, and them of Holland and Zeeland, and so to raise a more boody and intestine warre, then had been before. But as all things that are treated cunningly and with dissimulation, cannot be long kept secret, Don Iohns practises being discovered, before hee could effect what he had designed, hee could not bring his conceptions and enterprises to the end that he pretended: Yet he revived a new warre, the which continues unto this day, in stead of rest and an assured peace, whereof hee did so much vaunt at his coming. Which reasons have given us great occasion to forsake the King of Spain, and to seeke some other mighty and mercifull Prince, to helpe to defend these Countries, and to take them into his protection: and the rather for that these Countries have endured such oppressions, received such wrongs, and have been forsaken and abandoned by their Prince for the space of twenty years and more; duduring the which the Inhabitants have beene intreated not as subjects, but as enemies, their naturall Prince and Lord seeking to ruine them by armes, Moreover, after the death of Don Iohn, having sent the Baron of Selles, who (und…r colour p. 183propounding some meanes of an accord) declared sufficiently, That the king would not avow the Pacification made a Gant (which Don Iohn notwithstanding had sworne to maintaine) setting downe more hard conditions. Yet for that we would discharge our selves of our duties, wee have not omitted to make humble suite by writing, imploying moreover the favour of the greatest Princes of Christendome, seeking by all meanes without intermission, to reconcile our selves unto the King; having also of late kept our deputies long at Cologne, hoping there (by the intercession of his imperiall Majestie, and some Princes Electors) to have obtained an assured peace, with some moderate tolleration of Religion (the which doth chiefly concerne God and mens consciences) as the estate of the affairs of the Countrey did then require: But in the end we found it by experience, that nothing was to be obtained from the King, by the Conference at Cologne: and that it was practised and did onelyonly serve to disunite and divide the Provinces, that they might with the more facility vanquish and subdue first one, and then another, and execute upon them their first designes. The which hath since plainly appeared, by a certain proscription, which the King hath caused to be published, whereby we and all the Inhabitants of the united Provinces, and Officers that hold their partie, are proclaimed Rebels, and to have forfeited lives and goods: Promising moreover, a great summe of money to him that should murther the said Prince, and all to make the poore Inhabitants odious, to hinder their Navigation and Traffique, and to bring them into extreme despaire. So as despairing of all meanes of reconciliation, and destitute of all other succours and ayde we have according to the Law of nature (for the defence of us and other Inhabitants, the Rights, priviledges, ancient customes, and libertie of the Countrey, and the lives and honours of us, our wives, children, and posterity, to the end they fall not into the slavery of the Spanyards, leaving upon just cause the King of Spaine) beene forced to seeke out some other meanes, such as for the greater safety and preservation of our Rights, Priviledges, and liberties, we have thought most fit and convenient.

We therefore give all men to understand, That having duely considered all these things, and being prest by extreme necessitie, We have by a generall resolution and consent, declared, and doe declare by these presents, the King of Spaine, ipso jure, to be fallen from the Seigniory, Principalitie, jurisdiction, and inheritance of these Countries: And that we are resolved, never to acknowledge him any more, in any matter concerning the Prince, jurisdictions or demeanes of these Netherlands, nor to use hereafter, neither yet to suffer any other to use his Name as Soveraigne Lord thereof. According to the which we declare all Officers, private Noblemen, Vassels, and other inhabitants of these Countries, of what condition or qualitie soever, to be from henceforth discharged of the Oath which they have made in any manner whatsoever, unto the King of Spaine, as Lord of these countries, or of that wherby they may be bound unto him. And for the above named reasons, the most part of the said united Provinces, by a common accord and consent of their Members, have submitted themselves under the command & government of the high and mighty Prince, the Duke of Aniou and Alanson, &c. upon certain conditions contracted and accorded with his Highnesse: and that the Archduke of Austria, Mathias, hath resigned into our hands the goverment generall of these p. 184Countries, the which hath been accepted by us. We enjoyn and command ali Iudges, Officers, and all others, to whom it shall appertain, That hereafter they forbeare to use any more, the name, titles, great seal, or signet of the K. of Spain: and instead therof, whilst that the Duke of Anjou, for his urgent affaires, concerning the good and welfare of the Country, shall be yet absent, for as much as shall concern the Provinces which have contracted with his Highnesse, and touching the rest by way of provision, they shall use the title and name of the chiefe and Counsell of the Country. And untill that the said heads and Counsellors, shall be named, called, and really established in the exercise of their charges, and offices, they shall use our name, except Holland and Zeeland, where they shall use as they have formerly done, the name of the Prince of Orange, and of the Estates of the said Provinces, untill that the said Councell shall be in force, and then they shall govern themselves as it is agreed, touching the instructions given for the said Counsell, and the accords made with his Highnesse. And instead of the Kings seales, they shall hereafter use our Great Seale, counter Seale, and Signet, in matters concerning the government generall, for the which the Councell of the Country, according to their instructions shall have authority. And in matters concerning the policie, administration of Iustice, and other private acts of every Province, the Provinciall Concels and others, shall respectively use the name and Seale of the said Province, where the matter shall be in question, and no other, upon pain of nullity of the said Letters, or Dispatches which shall be other wise made or sealed. And to the end these things may bee the better observed and effected, we have enjoyned and commanded, and do enjoyn and command by these presents, That all the King of Spaines Seales, which are at this present within these united Provinces, shall be dilivered into the States hands, or to him that shall have commission and authority from them, upon pain of arbitrary punishment. Moreover, We ordain and command, that from henceforth the name and armes of the King of Spain, shall not be put not stampt in any coynes of these united Provinces: but there shall be such a figure set upon them, as shall be appointed for the coyning of new peeces of Gold and Silver. In the like sort we enjoyn and command the president and Lords of the privie Councel, and all other Chancellors, presidents, Provinciall Counsuls, and all Presidents and chiefe Masters of accounts, and others of all chambers of accounts, being respectively in these countries, and also all other Iudges, and Officers (as holding them discharged of the oath which they have made unto the King of Spain, according to the tenor of their Commissions) that they shall take a new oath in the hands of the Estates of the Province where they are, or to their Deputies, by the which they shall swear to be faithfull to us against the King of Spain, and his adherents, according to the form set down by us: and there shall be given to the said Councellors, Masters of accounts, Iudges and Officers, remaining in the Provinces which have contracted with the Duke of Anjou, in our name, an act of continuance in their Offices, containing in stead of a new commissions, a cessation or disannulling of their former, and that by way of provision, untill his comming. And to Councellors, Masters of accounts, Iudges, and Officers, being resident in Provinces, which have not contracted, with his Highnesse, a new Commission shall be given under our name and Seale, if the petitioners were not found faulty, to be of bad behaviour, to have done against the priviledges of the Countrey, or to have committed some other disorder.

p. 185We also command the President and them of the privie Councell, the Chancellour and Councell of Brabant, the Governour, Chancellour, and Councell of Gueldres, and the Countie of Zutphen, the President and councell in Flanders, the President and councell in Holland, the Governour, President and Councell in Friseland, the President and Councell at Vtricht, the Bayliff at Tournay and Tournesis, the Receivors or chiefe Officer of Beoostercheldt and Bewesterscheldt Zeeland, the scout of Macklyn, and all other Iudges and Officers whom it shall concerne, their Lieutenants, and every of them, presently without any delay, to publish this our Decree in all places of their jurisdictions, and wheresoever they are accustomed to make proclamations, to the end that no man may pretend any cause of ignorance: And that they may keep and observe, and cause to be kept and observed inviolably this our Decree, without any favour, support, or dissimulation; for wee have so thought it fit and convenient for the good of the Countrey. For the effecting whereof, we give to every one whom it shall concerne, full power and authority, and speciall Commission. In witnesse whereof, we have caused our seale to be hereunto annexed. Given at the Hage in out assembly the 26 of …uly 1581. Vnderneath was written, By the ordinance and decree of the said Estates, and signed …. Tan Asseliers.

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

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

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

p. 186Ninthly, it is evident from the premises; Observ. 9.That is Emperours and Kings shall degenerate into Tyrants, violate their Oathes and Covenants made unto the people, invade their Lawes, Liberties, persons with armed violence, and instead of protecting, make warre upon them; that the Nobles, Magistrates, Estates, Parliaments and people in such cases, may without any guilt of Treason, Rebellion, Sedition, not only disobey, but Lawfully resist them with force of Armes, both in point of Lawe & conscience, & are obliged under pai…e of treachery and perfidiousnesse to their Countrey, thus to resist; and in cases of incorrigibility for the publike weale, and preservation, may justly if they see it necessary, depose them from their Royall Dignities as Enemies, or Traytors to their Kingdoms and people.**De jure Magistratus in subdito. p. 293. 294. 295. Hugo Gr… tius de Iure Belli … ▪ 1. c. 4. s 7. p. 85. The reason is, Because no Kingdome or Nation under Heaven, ever elected or voluntarily submitted themselves unto any Emperour or King whatsoever (for ought can be proved or imagined) but upon this tacit condition; that they should justly governe, defend and protect them for their good, not tyrranize over, pillage, murther, oppresse, or make warre upon them at their pleasures, contrary to the Lawes of God, nature, nations; Nor yet actually obliged themselves under paine of Treason, Rebellion, death, or damnation, not forcilly to reobsist or deprive their Princes in any wise, though they with open violence should set themselves to subvert their Religion, Lawes, Liberties, and Republike; to which unreasonable condition, no Natian certainty would have consented, had it been propounded to them by their Kings at first, as Grotius well observes. This point of greatest difficulty and concerment, I have largely debated and confirmed already, in the third part of this Discourse, where all contrary Objections against it, are refuted; Yet because it still seemes a feditious unchristian Paradox to many Malignants and Royallists, I shall satifie it with such new Authorities, of all sorts, which may happily convince, if not convert them from their inveterate wilfull error.

My first Authority of this kinde, is that passage of Sozomon (an ancient Ecclesiasticall Historian) Eccles. Hist. l▪ 6. ch. 2. recited and approved by Nicephorus Callistus Eccles hist. l. 10. ch. 34. where he thus writes of the death of Iulian the Emperor (who turned both a Tyrant, Apostate, and Persecutor of the Christians) reputed to be staine by a Christian Souldier of his own Army, for his Tyranny and impiety. Whereas Libanius writes in this manner; Hee seemes to say, that the st…ayer of Iulian the transgressor was a Christian, which peradventure was true; Neither is it incredible, that some one of the Souldiers who marched under his colours, had considered these things thus in his minde: That not only the Heathens, but likewise ALL OTHERS are wont to applaud those even unto our Age, who slew Tyrants heretofore, as those who for the liberty of all, feared not to undergoe the danger of death, and likewise for the safety of their Citizens, Kindred and friends, with willing minds. And verily hee CANNOT WELL BE REPREHENDED BY ANY MAN, especially since hee should shew himselfe so valiane and stenuous FOR GOD AND that RELIGION which hee did approve, &c. However it is certaine that he was taken away by Gods divine judgement.**Ecc…es. His…. …. c. 35. Nicepherus addes, that his death was predicted by the Christians, and that his death WAS ACCEPTABLE AND PLESANT TO ALL CHRISTIANS, especially to those of Antioch, WHO FOR THIS HIS MVRTHER, INSTVTED A PVBLIKE TRIVMPH, Wherein they also reproached Maximus the Philosopher, singing thus, Where are thy divinations O foolish Maximus? A pregnant evidence, that even the Primitive Christians (on whose examples and practice our Antagonists so much depend, though p. 187to no purpose, as I have * elswhere manifested) held it not only lawfull for them to resist, but even in some cases to slay a persecuting Apostatized Tyrant, bent so subvert Religion, Lawes, Liberties; as may be further evidenced by aaEuseb. lib. 2▪ vita Constan. & Ecclesist▪ Hist. l. 8. 9. 10. Socrat. Scholast. Hist. l, 1. Sozomon. Niceph. Call. eccles. Hist. l… 7. c. 29. 37. 39. 44. 45. Grimsion Eutropius Zonara Sabellicus Valatera…us in the Lives of Constantine Maxim…nus and Maxentius.Constantine the great his ayding the oppressed Christians, and Romans against the Tyranny and Persecution of the Emperors Maxentius, Maximinus and Licinius, even with force of Armes, with which he Conquered these Persecutors in sundry open battels fought against them, at the Christians earnest importunity.

To descend to later Authoritities, it is the received Doctrine of all Popish Schoolmen, Doctors, Lawyers, That tyrannicall Princes who oppresse and invade their subjects persons, liberties, estates, or religion, may both lawfully with good conscience bee forcibly resisted by their Subjects, and likewise by the major part of their People, Nobles, Parliament, for preservation of the Republike and Religion, bee justly deposed, and put to death; yea, as some of them adde, even murthered by private men, though the generality of their Writers justly deny it. Their St. Thomas of Aquin, in his Book, De Regimine Pricipum (dedicated to the King of Cyprus) **Operum, Au… verpiae. 1612. Tom. 17. f. 163.cha 6. determines thus, if it belong to the multitude to provide themselves of a King; the King made by them, may not unjustly be removed, destroyed, or his power restrained, if he abuse the power of the Realme tyrannically; Neither is such a multitude to bee esteemed, TO DEALE DISLOYALLY IN DEPOSING A TYRANT ALTHOVGH THEY HAD PERPETUALLY SUB…ECTED THEMSELVS TO HIM BEFORE, BECAUSE HIMSELFE HATH DESERVED IT, in not carrying himselfe faithfully in the Government of the people, as the Office of a King required, because herein he kept not his Oath and Covenant with his subjects. And he further affirmes, 2 Distinct. Art. 44. qu. 2. 2. 5^m. 1. 2^ae. Dist. 44. qu. 2. 2. 5^m. 1. 2^ae. qu. 79. 4. 3^m. 22^ae. qu. 12. art. 2. & qu. 42. 2. 3^m. Opusc. 10. l. 4. c^o. 1. That in every Countrey, Cities are governed politikely; the power of Kings and Emperours being circumscribed by the Lawes and people, That a Tyrannicall Prince, if hee invade his Subjects, may lawfully beresisted and laine even of private persons in their own necessary defence, and in reference to the publike safety; but much more by the Nobles and peoples generall consent: And that the deposition or perturbation of the regiment of a Tyrant, HATH NOT THE REASON (or nature) OF SEDITION, unle…se it be done by private persons, or so disorderly, that a greater detriment should ensue, BVT IT IS THE TYRANT RATHER WHO IS SEDITIOVS. The same Doctrine is taught by Dominicus Seto, de Iustitia. l. 5. quaest. 1. art. 3. Ludovicus Molina. Tom. 4. De Iustitia & Inre Tract. 3. disp. 6. to 20. Dominicus Bannes, 22. 2^ae ▪ quaest. 64. Art. 3. Dub. 2. Petrus de Aragon. 2. 2^ae. qu. 64. a…t. 3 Explicatio, art. p. 248. Michael Bartholomaeus Salon, de Iustitia & Iure in 2. 2^ae Tom. 1. qu. 64. art. 3. cont. 1. pag. 385. Petrus de Lorca in 2. 2^ae. D. Thomae quaest. 40. art. 3. sect. 3. throughout, specially Disput. 50. n. 2. & Disp. 52. 53. Azorius, Tom. 2. l. 21. disp. 5. qu. 8. &. 5. Franciscus Victoria. Relectio De Iure Bell…. n. 9. 14. Alphonsus Salmeron in cap. 13. Epist. ad Romanos. Disp. 5. Fran. Suarez. in Defensione fidei l. 3. cha. 3. & l. 6. chap. 4. throughout, specially, num▪ 5. 6. 13. 14. 15. 16. Ioan Gerson de Anferibilitate Papae; where also he avers (consid. 6.) that one who is truly Pope may lawfully bee bound, imprisoned, and put to death for his offences, (though the head of the Church as Papists hold, as well as Kings the head of their Realmes.) Dionysius Cathusianus de Regim. Polit. Artic. 19. Francis…us T…llet, in summa, l. 5. c. 6. p. 188Leonardus Lessius de Iustit. & Iure, c. 9. dub. 4. Tannerus, Tom. 3. disp. 4. qu. 8. dub. 3. Emanuel Sa. in Aphorism. Verb. Tyrannus, n. 2. Iohannis Mariana: De Rege & Regis Instit. l. 1. c. 5, 6, 7, 8. Alvarus Pelagius de Plan. Eccles l. 1. c. 21. Simancha Pacensis, de Cathol. instit. tit. 23. …. 11. p. 98. tit. 45. n. 25. p. 209. Gregorie de Valencia, Tom 3… p. 444. Cardinall Bellarmine, de Pontif Rom. l. 5. c. 6. 7. 8. & Tract de Potest. Sum. Pontif. advers. Gul. Barel. p. 97. Iac. Gretzerus Pharetras Tortulliana, & Vespertilio Haeritico…Politicus, Ludovicus Richehom. Expostulatio Aplogetic…, pro Societate Iesiis. Vincentius Filiucius Tra. 28. p. 2. dis. 4. prae. Dec. n. 12. Mart. Becanus Anglican… de Potestate Regis & Pontificis, Caspar. Schoppius. Alexi Pharmacum Regium, & Collyrium Regium. of Valentine Jacob. An. 15…4. and Iohn Tanquerel Anno. 1561. whose opinions are recorded by Bochellus Decreta. Eccles. Gal. l. 5. tit 4. c. 6. 8. the Cardinall of Como his Letter from Rome, 30. January, 1584. to Doctor Parrey to murder Queen Elizabeth; Franciscus de Verona Constant. in Apolog. pro Io: Chastel, p. 133. Bonarscius the Iesuite, Amphith p. 101. Barclay l. 3. advers. Monarch. c. 8. l. 6. c. 23. & 24. Serarius in c. 3. Iudicum. Hieronymus Blanca Rerum Aragonens. Commentarius, passim. Cajetan: upon Aquinas his forecited Summes. the Doctors of Sala…ancha in their Determination, Anno 1602. recorded by G. Blackwell, qu Bip. p. 56. and Doctor John White his Defence of the Way, c. 6. p. 16. Governado Christiano p. 43. Antonius Massa Tract. contra Duell. n. 78. 79. Baldus 3. Consid. 313. Cavarruvias Quaest. Illustr. T. 2. 505. n. 1. 399. n. 6. Vasquius contro. Illustr. 16. n. 15. 19. 21. 17. n. 1. 23. 20 n. 344. n. 3. 73. n. 12. 13. 5. 72. n. 7. and elsewhere Hemingius Arnisaeus de Authoritate Principum p. 18. 50. 77. 80. 83. 95. 122. Fran. Hotomani Franco-Gallia, c. 6. 7. 10. 13. 15. 18. 19. &c. To which I might adde our English Priests and Iesuites, as Doctor Nicholas Saunders, Visib. Monarch. p. 70. 71. Doctor Allen, Parsons, Creswell, Philopater, Rossaeus, Doleman, p. 32. to 74. sparsim, with sundry others, all professedly a verring Aquinas his Doctrine, and the premisses, yea, farre exceeding them in sundry particulars; many or most of them attributing sufficient Authority and power to the Pope and Prelates alone, without the Parliament, Nobles, Peers, or Peoples assent, to depose, adjudge Haereticall or tyrannicall Kings to death, and devote them to assassination, which all Protestants unanimously disclaim. But wee need not fish in these unwholesome Romish Streams of Tyber, or make use of these Popish Champions, whom I have onelyonly named, to stop the mouthes of all Papists, Priests, Iesuites, who now much exclaim against the Parliaments present defensive Warre, condemning all for Rebels and Traitors who assist the Parliament against their invading trait… rous, Rebellious armed Forces both in Ireland and England, they being in verity such themselves, yea, the originall contrivers, fomenters, the principall abettors of the present bloody, destructive, civill Wars in both our Realms. And that which most confirms me in this beliefe, is a particular late Discovery of the horrid Conspiracy of Con the Popes late Nuncio here, and his Iesuited Popish Confederates, to undermine and extirpate the Protestant Religion, to raise the Scottish, and succeeding Irish, and English Wars, thereby to ingage the King to resort to them for assistance; & under pretence whereof to rise up in arms, and work him to their own conditions, or else to poyson him with a Indian poysoned Nut after the example of his Father, and then seize upon the Prince, and train him up in their Antichristian Religion, as you may reade at large in Romes Masterpeece, to which I shall referre you for fuller satisfaction, from one of the chief Conspirators own Confession. But passing by all these, I p. 189shall proceed to Authorities of Lawyers and Divines, professing the Protestant Religion. Georgi…s Obrectus, a publike Professor of Law, and Advocate to the City of Strasburge in his Disputatio Juridica, 1. De Principiis Belli, layes down these severall Positions for Law, Num. 125. to 139. That all the Inferiour Magistrates in the Empire or other Kingdoms, collectively considered, are above the Emperour and Kings themselves; that if they be unjustly assaulted with unjust violence by any whomsoever, they may by a necessary and just warre, defend both themselves and theirs, and repell and prosecute the unjust assailants. That if the Superiour Magistrate neglect to do his duty, (as if the Turke should invade any Countrey, and the Supreme Magistrate would not resist him,) the inferiour Magistrate may call the people to Arms, raise an Army, and exercise all forces policie and devices against the common enemy of Christians: Or if the Supreme Magistrate should exercise manifest Tyrannie, it is verily lawfull to the Inferiour to undertake the care of the Republike, which he endeavours to oppresse with all his power: That those who represent all the people, as the Electors, Palatines, Nobles, Parliament, may admonish the Prince of his duty, and ought to seek by all means to divert him from his Tyrannicall and impious purpose; but if he proceeds, and repenteth not, being frequently admonished, but wilfully subverts the Common-wealth, obstinately perverts Laws; hath no care of faith, co…venants, justice, piety; and tends onelyonly to this, that he may perpetrate any thing with impunity, and impiously reign over mens consciences, then verily he is accounted a Tyrant, that is, an enemy of God and man; whence, if he hath proceeded to that hight of malice, that hee cannot bee expelled but by armed force, It is Lawfull for the Electors, Palatines and others, to call the people to Arms, and not onelyonly to defend themselves and others against such a one, but plainly to deject him from his Throne: For the intire Government of the Realm is not committed by the people to the Prince alone, as neither the Bishopprick of the whole Church to the Pope, but to every one of the Nobles or Magistrates according to his power: For the Nobles, as they are called into part of the honour, so of the burthen of the Commonwealth; which is committed to the Prince, as to the Supreme Tutor, but to them as Fellow-tutors, he having the first, they the second place in governing the Republike. The Prince swears that he will seek the good of the Realm, and all the Nobles promise the same: therefore if he doth ill, they ought not to do so likewise; if the Republike go to ruine, they shall not continue: For the Commonwealth is no lesse committed to them, than to the King, so as they ought not onelyonly to do their duty, but also to contain the Prince within the limits of his duty: For if the Prince doth ought against his Oath, they are not absolved from their Oaths, but rather then especially ought to manifest their fidelity, when the Republike requires it, because they were specially instituted for that end, as the Ephori, and everything ought to be reputed just, when it attains its end. Hence B…utus the Tribune, and Lucretius the Governour of the City, called the people to Armes against Tarquin the proud, and by their authority expelled him the Ringdom. So the Roman Senate judged Nero an enemy of the Republike, and condemned him to the Gallowes; punished Vitellius with death, ignominiously mutilat…ed and dragged thorow the City, and spoyled Maximinus of the Empire, setting up Albinus in his place. Thus the French by Authority of a publike Councell, thorow the care of the Officers of the Realme deprived p. 190Childericke the first, Sigebert, Theodoric, and Childericke the third of the government of the Realm. Neither is it impertinent to pronounce the same sentence of such a one, as was given of Manlius Capitulinus, **Valerius Maxim. l. 6. c. 7.Thou wast Manlius whiles thou diddest cast down the Senons headlong; Now because thou art become one of the Senons, thou thy selfe art to be precipitated from whence thou diddest cast them down. But if perchance most of the Nobles collude and connive, and being unmindfull of their duty, take no care of the people; let there at least be one who may admonish and detest the invading Tyrant, and take care that the Republike sustain no detrimen…; For the care of the Republike is no lesse committed to him, than to the Prince and his Collegues, and he hath plighted his faith to the Republike no lesse than they. If many have promised the same thing, the obligation of the one is not taken away by the negligence or periury of the other. If there be many Trustees, Executors, or Guardians, the negligence default or fraud of some of them, doth not discharge or disingage the rest; yea, unlesse they to their power discharge their trust and Oath, they become perfidious, yea guilty of the same crime, and are subiect unto actions for their neglect as well as the others: Therfore those who are bound to the whole Kingdom and Empire, as the Peers of France, the Electors, or to some certain Countey or City which makes a part of the Realme, as Dukes, Marquesses, Earles, Constables, Admirals, and the like, are obliged to ayde the whole Common-wealth, or that part committed to them, against the tyranny of the Prince, if they be able, &c. Thus and much more this Lawyer, almost verbatim out of Iunius Brutus.

I might add to him the like determinations of Henricus Bocerus, De jure pugnae, hoc est, Belli & Duelli, Tractatus Methodicus, Tubingae, 1591. lib. 1. cap. 5. c 29. p. 141 Justus Eccardus, De Lege Regia, the last Edition. Alhuseius Polit. c. 4. p. 146. to 153. Haenon, Disputat. polit. The Treatise De Iure Magistratus in Subditos; (where this Position is largely and learnedly debated, confirmed, both from Law, History, Theology, Reason) Hugo Grotius de Iure Belli & pacis, lib. 1. c. 4. sect. 7. to the end, p. 87. &c. Albericus Gentilis de Iure Belli, l. 1. c. 11. p. 84. c. 25. p. 205. l. 3. c. 9. 22. p. 546. 686. with others. But since Iunius Brutus compriseth the quintessence of all the rest, I shall trouble you onelyonly with his Discourse. Vindiciae Contr. Tyrannos, Quaest. 3. p. 177. to 106. To passe by his Discourse concerning the resisting of Tyrants, who usurp a Dominion without any Title, whom every man may justly resist and suppresse, and are bound in duty so to doe, as he there proves at large; I shall only transcribe what concernes them who have a lawfull Title. First (saith he) we ought to consider, that all Princes are born men. We cannot therefore expect to have only perfect Princes, but rather we ought to thinke it well with us, if we have gained but indifferent ones. Therefore the Prince shall not presently be a Tyrant, if he keep not measure in some things, if now and then he obey not reason; if hee more slowly seek the publike good; if he be lesse diligent in administring Iustice, or lesse fierce in propulsing warre. For seeing a man is not set over men, as if he were some God, as he is over beasts; but as he is a man, born in the same condition with them; as that Prince shall be proud, who will abuse men like Beasts, so that people shall be unjust, who shall seek a God in a Prince, and a Divinity in this frail Nature. But truly if he shall willingly subvert the Republike; if he shall wilfully perve…t the Lawes, if he shall have no care of his faith, none of his promises, none of Iustice, none of piety; if himselfe become an enemy of his people, or shall use all or the chiefest p. 191notes we have mentioned, then verily he may be iudged a Tyrant, that is, an enemy of God and men. Therefore we treat not of a Prince, lesse good; but of the worst; not of one lesse prudent, but of a malicious and subtile one; not of one unskilfull in Law, but of a contemner of Law; not of an unwarlike one, but of an enemy of the people and waster of the Realme. A Senate may assist him with prudence, a Iudge with the knowledge of the Law, a Captain in the skilfulnesse of warre; but this man wisheth the Nobles, Senators, Captains of Warre one neck, that he might cut them off at one stroake, neither hates he any more then them. The first verily, though he may lawfully be removed, yet however he may be tolerated; the latter contrarily, by how much the longer he is tollerated, the more intollerable he becomes. Moreover, as eueryevery thing is not lawfull to a Prince; so often times, that which is lawfull to the people, is not expedient. For frequently it may fall out, that the remedy which is used, may be worse than the disease. Therefore it becomes a wise man to try all things, before he use the hot Iron; and use all remedies, before he take up arme…. If therefore those who represent the people perceive any thing to be done against the Republike by force or fraud, let them first admonish the Prince; neither may they expect, till the mischiefe grow heavie, and acquire forces. Tyranny is like an heptick Feaver, which at first is easie to be cured, difficult to be discerned; afterward it becomes easie to be known, but very difficult to be cured. Therfore they shall withstand the beginnings, neither should they pretermit any thing, though the smallest. But if he shall proceed, and not repent though frequently admonished, but tend onelyonly to this, that he may commit any thing without punishment; then verily he is really guilty of Tyranny, and they may act against him, whatsoever they may use against a Tyrant, either by Law or just force. Tyranny is not onelyonly a crime, but the head, and as it were, the heap of all crimes. A Tyrant subverts the Republike, makes a prey of all, lyeth in wait for the life of all, violates faith to all, contemnes all the Religion of a sacred Oath. Therefore is he so much more wicked then any Theefe, murtherer, sacrilegious person, by how much it is the more grievous, to offend many and all, then particular persons. Now if all these be reputed enemies, if they be capitally punished, if they suffer paines of death, can any one invent a punishment worthy so horrid a crime? Moreover, wee have proved,Not… that all Kings receive their Royall Dignity from the people; that all the people are better and higher then the King, that the King is onelyonly the superiour minister and Ruler of the kingdome, the Emperour of the Empire, but the people are the true head.In Tractat. de Tyranno, & in Tract. de reg. Civit. Therfore it follows, that a Tyrant who commits felony against the people as the Lord of the fee, hurts the sacred Majesty of the Realm and Empire, Becoms a Rebel, and therfore falls into the danger of the same Lawes, and demerits more grievous punishments. Therfore, saith Bartolus, he may be deposed by a Superiour; or be most justly punished by the Julian Law, for publike violence. Now all the people, or those who represent them, as Electors, Palatines, Nobles the Assembly of the Estates, &c. are his Superiour. But and if he shall proceed so farre, that he cannot be expelled but by armed violence, then verily it shall be lawfull for them, to call the people to Armes, to raise an Army, and to practise force, policy, stratagems, as against an adjudged enemy of his Country and of the Common-weale. Neither shall the Officers of the Realm in this case fall into the crime OF SEDITION; For in a sedition there must needs be two points, which when p. 192for the most part they contend about contradictories, it followes, that the cause of one is just, the other unjust; That cause must verily be just which defends the Law…, which protects the common good, which shall preserve the Realme, especially by this meanes; contrarily, that cause is uniust, which violates the Laws, defends the breakers of the Lawes, protects the subverters of the Countrey.**Bartolus Tract. de Guelphis & Gibell Ang. l. 3. §. cum igitur D. de vi & viar. Thom. Aquinas in 2. 2… qu. 12. Art. 11. in fine l. 1. D. ad leg. Iul. magist. Cit. Parid 4. That is iust which will destroy tyrannicall government, that uniust which would abolish iust government. That lawfull which tends to the publike good, that unlawfull which tends to the private. Therefore, saith Thomas, because a tyrannicall kingdome which is not ordained to the common good, but principally for the benefit of the Governour, is most uniust; therefore the disturbance of this Kingdome Hath not the reason of Sedidition, nor doe they fall into the crime of Treason. This crime is committed against a lawfull Prince; Now a lawfull Prince is nothing but a living Law: therefore he who kils the Law as much as in him lyeth, cannot be called by that name; therefore those who take up Arms against him shall not be guilty of that crime. It is likewise committed against the Common-wealth, but because the Repub. is there only where the authority of the Law prevailes, not where the private …ust of a Tyrant swalloweth the Republike, a Tyrant shall be guilty of that crime which offends the publike Maiesty, & those be Vindicators of the Republike, who shall oppugne a Tyrant Ex Officio, supported with their own authority. Neither in this case, I say, doth every one, but all the Subiects, but the Lords seem to require an account of the government from their agent: no more shall they be accounted perfidious for doing it; there is every where between the Prince & people a mutuall & reciprocal Obligation; he promiseth, that he will be a iust Prince: they, that they will obey him, if he shall be such a one. Therefore the people are obliged to the Prince under a condition: the Prince, purely to the people: Therefore if the condition be not fulfilled, the people are unbound, the Contract void, the Obligation null in Law it selfe: Therefore, the King is perfidious if he reign uniustly; the people perfidious, if they obey not him who reignes iustly: But the people are free from all crime of perfidiousnesse, if they publikely renounce him who reignes uniustly; or if they endeavour to evict him with Armes who desires to retein the kingdome unlawfully.L. 160. D. dereg. Iur. Therefore it is lawfull for all or many of the Officers of the Realme to remove a Tyrant. Neither is it onelyonly lawfull; but it ly…th so upon them of duty, that unlesse they doe it, they can no way be excused. Neither may Electors, Palatines, Senators, and other Nobles think, that they were created and instituted onelyonly for that end, that they should shew themselves once peradventure in the Kings inauguration, attired after the ancient manner, that they might act a certain palliated Fable, or put on the person of Rowland, Oliver, Ronald, and other Nobles on that day, as if in a Scene, they should in some shew represent the Round Table of Arthur, as they call it; so as after that the multitude is dismissed, and Calliopus hath said, Farewell, they should think they had excellently played their parts. These things are not spoken in jest, these things are not perfunctorily done; these things are not the pastimes of children, who as it is in Horace, V…p. l. 3. D. de adm. & peric. Tut. & curat.created a King in a Play; but rather of Nobles, & Magistrates, who as they are called unto part of that honor, so likewise of the burthen, and shew, that the Republike is committed and commended to the King, as to the supreme and chiefest Tutor, so also to them as fellow-Tutor… (even Honorari) assigned to him as observers of his actions who hath the chief tutelage, who may daily exact an account of him, and p. 193diligently take heed,L. 27. D. eodem. in what manner he reverseth; so even these, that they might observe the King (who, as to his tutelary providence, is onelyonly reputed in the place of a Lord) that he doe nothing to the detriment of the people. Therefore as the fact of him who acts the Gardian, is imputed to the Co-gardians, unlesse where they ought and are able,L. 14. D. de admin. & peri…. tut. they suspect and likewise take care to remove him; to wit, when he communicates not the administration with them,L 3. de suspect. tut. & cur. if he doe not faithfully manage the tutelage or care, if he admits fraud, if he doth any thing sordidly or perniciously to the Pupill, if he intercept any of the Pupils goods, if he become an enemy to the Pupill; finally, if he be over rude, sloathfull, unskilfull, &c. So even the Nobles shall be held guilty of the Princes deed, unlesse they remove, or prevent his tyranny, or supply his sloathfulnesse, with their vigilance and diligence. Finally, as oft as the Gardian doth not doe in the name of the Pupill, that which any fit Master of a family would doe, he may not seeme to be defended; but that he may be the better defended, his Co-gardians are bound to foresee: So much more justly, if the Prince doth not act the housholder but the Enemy, the Nobles may and ought to act against him,L. 10. & 33. D. de admin. & peri…. tutor. & Curat. since they are bound by his deed, no lesse then by their owne. Moreover the Nobles may consider, that the King in governing the Republike, holds the first part, but they the second, third, and every one in his place. Therefore if he doth his part ill, they may not follow him: if he destroy the Republike, they may not connive; for it is committed to them, as well as to him; and in such sort truly, that not onelyonly they themselves ought rightly to execute their office by themselves, but to containe the Prince within the bounds of his office. Finally, as the King promiseth, that he will take care of the benefit of the Commonweale, so also doe they. Therefore if he breakes his oath, they may not thinke, that they are absolved from theirs, no more then Bishops, if the Pope should defend heresie or destroy the Church: yea, they should thinke themselves so much the more obliged to performe their oathes, by how much the more he shall violate his. Therefore if they collud…, they are reputed in the number of prevaricators; if they connive, of desertors; and TRAITORS, if they vindicate not the Republike from the tyranny of tyrants: as finally they become Patrons, Defenders, little Kings, if they by all meanes protect and defend the Republike, which they have undertaken to protect.Iudg. 5.Judg 5 These things, though they are sufficiently firme of themselves, yet they may be demonstrated by examples. The Canaanitish Kings, who oppressed the people of Israel with hard servitude, as well corporall as spirituall, (interdicting them both commerce and armes) were true tyrants, I say in practice, yet not without a title; for Eglon and Iabin reigned quietly almost twenty years: Now God extraordinarily stirred up Ehud, who slew Eglon craftily; and Debora, who routed the army of Iabin; and by that meanes freed the people from tyranny: This was not verily, because it was lesse lawfull to the ordinary Magistrates and Princes of the Tribes, and the rest to doe it, but Debora rather objecteth their sloathfulnesse and carelesnesse to them, and curseth some of them for this cause. But truly God, pittying his people, extraordinarily supplyed the negligence of ordinary officers.2 Chron. 10. & 11.2 Chr 10 Rehoboam the sonne of Solomon, refuseth to ease the people of unnecessary Tributes, being intreated to doe it in a generall Assembly of all the people, he groweth insolent, and assisted with the counsell of flatterers, even arrogantly threatens more grievous p. 194burdens; No man doubts,August. l. 1. 7. de Civil. Dei c. 22. but that according to the covenant first made betweene the King and people, the Nobles might have restrained this pride: But the sinne was in this, that they did by secession, which was to be done in the Assembly; and did a just and lawfull thing unjustly. Frequent examples of this thing occurre in other Kingdomes: he instanceth in Tarquin the proud, expelled by Brutus and Lucretius; who confiscated his goods, and would have publikely sentenced himselfe, had they apprehended his person, because he consulted not with the Senate as former Kings usually did, because he made warre, peace, and truces at his pleasure without the Senates and peoples advice, violated the Lawes which he should observe, and neglected the covenant established betweene the King and people: in Nero the Emperour, publikely sentenced by the Senate, Vitellius, Maximinus; and the speech of T…jan (forecited): Likewise the**See Hotoman. Francogallia. c. 6. to 14. French, by authority of a publike Councell through the care of the Kingdomes officers, expelled Childericke the first, Sigibert, Theodoricke, Childericke the third, from the Crowne, for their tyranny, and set up others of another stocke in their places. Yea, for sloathfulnesse, negligence, madnesse, as also for injuries to Forrainers, and yeelding to the impotencie or lust of flatterers, or women, they have deposed some, and as it were taken away the reines from Phaeton, lest all men should be burnt with the same fire; as Theodoricke for Ebroines sake, Dagobert of Plectrude, and Theobald his Mignions, with others; reputing it to be all one, whether a woman or an effeminate Prince reigned; or whether a tyrant, or petite tyrants under a sloathfull Prince domineered: or finally, whether he himselfe were a Devill, or possessed by the Devill himselfe. Thus not long since they compelled Lewes the eleventh, a most imperious Prince to receive 36. Governours, by whose counsell he was bound to governe the Republike. Yea, what other right had either the Carlingi, adopted into the Kingdome in place of the Meruingi; or the Cape…s who at this day hold it, preferred before the Carlingi by the Decree of a publike Councell; but from the people, represented as it were in an Epitome,Froissard. l. 1. c. 1. & seq…. Ant. de But. Consil. quod positum inter Consil. Paul. de Castra vol. Antiqu. nu 412 in…cip. Viso puncto. Martini. Laudensis in Tract. de Cardin in 2. qu. 35. Phil. De in: quodam consilio, cujus verba f…erunt Andr. Barbar. in D. cons. 1. l. 2. c. 6. Bald. in l. Olim. col. peri. de rescri. in Decretal. Bonifac. 8. de Mai. & obed. by the Councell of the Realme, which they call an Assembly of the three Estates, who might lawfully of right both depose those, and by their owne authority establish these in the Throne? In the same manner we read Adolphus deprived of the German Empire, An. 1296. because corrupted with mony, he had made war with France, in favour of the English: and Wenceslaus, An. 1400. although these may be called, not so well evill, as lesse good Princes. Thus in the Realme of England, Edward the second, for his tyranny to his Subjects, especially the Nobles, whom he destroyed without hearing their cause, was at his Queenes request, adjudged unworthy of his Crowne by the Parliament. Not long since, Christierne in Denmarke, Ericus in Sweden, Queene Mary very lately in Scotland, were deprived: which Histories worthy credit testfie, hath beene frequently done in the Kingdome of Poland, Hungary, Spine, Portugall, Bohemia, and the rest. But what concerning the Pope himselfe? The Cardinals, they say, because they have chosen him, or if they doe not their duty, the Patriarks, who are Primates next after the Cardinals, may against his will, for certaine causes call a Councell, and in it judge the Pope, if he shall scandalize the Church by his notorious offences; if he be incorrigible, if reformation be necessary as well in the head as members; if contrary to his Oath he will not assemble a Councell, and the like; and de facto, we read that many Popes have beene deposed by authority of a Councell. But if (saith p. 195Baldus) they be pertinaciously abused; at first they must use words, secondly, herbes, that is, medicines; lastly, stones; and where the truth of vertue sufficeth not, there the defence of weapons ought to prevaile. But and if by the suffrages almost of all learned men, the Decrees of Councels, and the Acts themselves done, it be proved, that a Councell, as they speak, may lawfully depose the Pope, who yet boasts himselfe to be the King of Kings, and claimes as much to be above the Emperour, as the Sunne is above the Moone; yea, also arrogates to himselfe an authority of deposing Kings and Emperours at his pleasure; who at last can doubt, but that by the publike Councell of every Realme, not onelyonly a tyrant, but a King, pernicious to his Kingdome for his madnesse or folly, may be deposed or removed?

Goe to now, in this our politicke Ship, the Master gluts himselfe with wine; most of his assistants either asleepe, or drunke with mutuall cups sportingly behold an imminent Rocke. The Ship in the meane time, either holds not that course which is expedient for the owner, or seemes speedily to be wracked; what thinkest thou is here to be done under the Master, by one who is vigilant and sollicitous? Shall he pull those by the eares who are asleepe, or onelyonly jogge them by the sides? but in the meane time, lest he should seeme to doe ought without their command,Plato. l. 8. & 9. de Repub. shall he not afford his helpe and assistance to the indangered Ship? Truly what madnesse, or rather impiety will this be? Seeing then (as Plato saith) tyranny is a certaine phrensie and drunkennesse, the Prince may utterly subvert the Republike, the most of the Nobles may collude, connive, or at least are fast asleepe: the people who are Lords of the Republike, by the fraud or negligence of these ministers, which is their fault, are reduced into greatest straights: in the meane time there is one of the Nobles which considers the incroaching tyranny, and detests it from his soule, what thinkest thou is now to be done against him by this man? Shall he onelyonly admonish his Colleagues of their duty, who themselves doe as much hurt as they may? But, besides, as it is perillous to admonish, and in that state of things it may be deemed a capitall crime, shall he do like those, who contemning other helps, casting away their armes, shall cite Lawes, and make an Oration concerning justice among theeves, in the midst of a wood? but this truly, is that w^ch is cōmoly said, to be madle with reason:L. 3. & l. omne delictum. Sect. ult D. de re milit. What then? shall he grow deafe at the peoples groanes? shall he be silent at the entrance of theeves? or shall he finally grow lasie, and put his hands into his bosome? But if the Lawes appoint the punishment of a Traytor against one wearing buskins on his legs, who counterfeits sicknesse for fear of the enemies, with punishment at least shall we decree against him, who either through malice, or sloathfulnesse, shall betray those whom he hath undertaken to protect? But rather he shall command those things that are needfull to such as are wary by a Mariners shout; he shall take care lest the Common-wealth receive any detriment, and shall preserve the Kingdome even against the Kings will and resistance, by which he himselfe becomes a King; and shall cure the King himselfe as a frantick man, by binding his hands and feet, if he may not otherwise doe it.C. nullus in Carthagin. Concil. Doctores Pentificii. For, as we have said, the universall government of the Realme is not committed by the people to the King, as neither the oversight of the whole Church to the Pope, but to every one of the Nobles according to his power. But certainly, because concord proceeds from unity, that there should be no emulation among Peeres, a King was instituted, who p. 196should hold the supreme place in the administration of the Common-wealth. The King swears that he will seeke the safety of the Realme; the Nobles swear every one the same by himselfe: whether therefore the King or most of the Nobles neglecting their oath, shal either destroy the Commonweale, or desert it being in danger, ought the rest therefore to desert the Republike, or at least be lesse bound to defend it, as if they were absolved from their oath? But rather then especially they ought to shew their fidelity, when as others neglect it, especially since they were principally instituted for that end, like the Ephori; and every thing may then be reputed just, when it attaines its end: whether truly if many have promised the same thing, is the obligation of the one dissolved by the perjury of the other? whether if many be guilty of the same finne, are the rest freed by the fraud of one? Whether, if many Co-gardians ill defend their Pupill, shall one good man be lesse bound with the burthen of the wardship through their default? But rather, neither can they avoyd the infamy of perjury, unlesse they endeavour to satisfie their trust as much as in them lieth; neither can those exempt themselves from the danger and judgement of a Gardianship ill administred,L. 3. D. de administ. & perie. tutor. & cur. l. 3. D. desuspect. tut. & curat. unlesse they implead the other Gardians suspected; when as verily one Gardian may not only implead the rest suspected, and take care of those to be removed, but also remove them. Therefore those who have promised their aide and assistance to all the Realme or Empire; such as Earles of the stable, Marshals, Senators, and the rest; or those who have done it specially to any County or City which may make a part of the Realme; as Dukes, Marquesses, Earles, Majors, and the rest, are bound to aide the whole Commonweale oppressed with tyranny, or that part thereof, which the people have committed to them next after the King. And thesetruly ought to vindicate the whole Commonweale from tyranny, if they be able; those as Gardians assigned throughout Counties, that part of the Realme whose defence they have undertaken: These I say, are bound to restaine a tyrant, those to drive him out of their coasts.Macca…. lib. I. …. 3. v. 45. Therefore Mattathias as one of the Nobles, the rest partly conniving, partly colluding; when Antiochus tyrannically oppressed the Kingdome of Iudah, speakes thus to the people ready to take up armes: Let us restore the state of our people; let us fight for our people, and our holy places: whence it plainely appeares, that we may not onelyonly lawfully fight for Religion, but for our Countrey; for an hearth I say, no lest justly then for our Altars, and take up armes against such a tyrant as he was: neither are they blamed by any, for recovering the Kingdome, but that they claimed the royall dignity to themselves,Iustin. l. I. Diodor. l. 2. c. 37. which pertained to the Tribe of Iudah. Many pertinent examples to this purpose occurre in Historians. Arbactus governor of Media, slew Sardanapalus spinning among women, and spending the royall treasure among whores. Vindex President of the French, and Galba of the Spaniards revolted from Nero, together with all France and Spaine, the Senate conniving at his tyranny. But especially that Laconick judgement is observable, which verily proceeding from that Senate, ought to passe into a thing adjudged among all Nations. When the Lacedaemonians possessed Byzantium, they made Clearches Captaine of the Army, Governour of the City, who taking corne from the Citizens, distributed it to the forraine souldiers; but in the meane time the families of the Citizens perished with famine. An…xilaus therefore, one of the Magistrates of the City, moved with that tyranny, agreed with Alcibiades about the yeelding up of p. 197his Countrey to him, and he soone after is received into the City. Anexilaus being accused at Sparta for yeelding up of Byzantium, pleaded his cause himselfe, the Spartanes absolved the man; because they said, warres were to be waged with enemies, not with the nature of things; now nothing is more repugnant to nature, then, if those who are bound to defend a City, became more unjust then the enemies. Thus the Lacedaemonians determined justly, to whom scarce any good Kings will not assent; verily those who desire to rule well, care not at all what is determined concerning tyrants, or what the Nobles or people themselves may doe by Law. But we must yet proceed further. Every one of the Mariners is bound, if the Ship be endangered through the default or negligence of the Ship-master, to put to his helping hand: every one of the Nobles is bound, if the Republike perish by the wickednesse or carelesnesse of the Prince and his Colleagues, to helpe it, being like to fall, and to vindicate the whole Kingdome, or at least that part thereof which is committed to him, from tyranny. But then shall it be lawfull for every ordinary slave to doe the like? or peradventure shall it be lawfull to Herdonius Subinus, Euno Surianus, Spartacus the fencer, or, I say, to any private man to enfranchise servants, to stirre up Subjects to armes, finally to combate with the Prince, if tyranny urge them? No verily. The republike is not committed to single or private men, yea they themselves are committed to the care of the Nobles and Magistrates no otherwise then Pupils. Therefore they are not bound to defend the Republike, who cannot defend themselves.L. 1. c. de Seditiosis. The sword is not committed to every man neither by God, nor by the people; therefore if they draw the sword without command, they are seditious, although the cause may seeme to be just. Finally, private men doe not make the Prince, but all. Therefore they ought to expect the command of all, or of those, I say, who represent all in a Realme, Countrey or City, which may make a part of the Realme, or at least of one of them, before they attempt any thing against the Prince. For as a Pupill cannot bring an action without authority of his Tutor, although the Pupill be truly a Lord,L. l. l. 9. D. de autor. & consil▪ tutor. & curat. and the Tutor onelyonly is reputed for the Lord, as farre forth as appertaines to his tutelary providence: So neither may the people doe ought, but by the authority of those, on whom they have transferred their authority and power; whether they be ordinary Magistrates, or extraordinarily, created in a publike Assembly; whom, I say, they have guirded with the sword for this purpose, to whom they have delivered themselves up to be governed and cared for;Seneca l. 8. de Benefi…. who finally like that Pretor of Rome, who judged betweene servants and masters, are truly constituted in that place, that if any contention arise betweene King and Subjects, they may shew themselves Judges and Redressors, lest the Subjects themselves should pronounce sentence in their owne cause. Therefore if unjust customes or grievous taxes be imposed, if things be done against pacts or fraudulently, and yet not one of the Nobles speakes against or resists it, let them thinke they must then sit still, and thinke, that the best Physitians to prevent or take away a disease, doe oft-times prescribe the opening of a veine; the evacuation of humours, yea and scarification. For such is the nature of things, that scarce any mischiefe can be cured without another; scarce any good may be acquired without diligent labour. They have the example of the people under Solomen, who refused not the grievous tributes imposed on them for the building of the Temple, and fortifying the Kingdome; p. 198because they judged those things to be imposed by the publike Councell, to the glory of God, the beauty and ornament of the Republike. They have likewise the example of Christ our Saviour, who although he were the King of Kings, yet because he then sustained a private person, he payed tribute willingly. If the Nobles and Magistrates themselves favour apparent tyranny,Iohn 34. v. 30. or at least oppose it not, they may remember, that for the sinnes of the people, God suffers Hypocrites to reigne; whom, unlesse they turne themselves to God with all their heart, cannot be overturned with any engines. Therefore there is no need of feet or hands, but bended knees. Finally, they must suffer evill Princes, wish for better, and thinke, they must beare that tyranny with a patient minde as they doe haile, stormes, tempests, and other naturall calamities, or change their habitations. David retired into the Mountaines, and spared Saul a tyrant, because he was none of the Nobles of the people: Christ, because he was not of this world fled into Egypt, to avoyd Herods tyranny. Paul, because he describes the office of private Christians, not of Magistrates, teacheth that they must obey Nero himselfe. But if all the Nobles, or most of them, or at least one of them endeavour to restraine apparent tyranny, or the Magistrate to drive it from that part of the Realme which is committed to him, if he be such a one, as under pretext of expelling it, may not introduce another tyranny; then verily assembling together, they may run who shall goe fastest to this choyce man, they may earnestly assist with their feete and hands, and as if God himselfe had given a signe from Heaven, of a fight against tyrants, endeavour to free the Kingdome from tyranny. For as God punisheth and chastiseth the people by tyrants, so likewise tyrants by the people:Eccles. 10.Eccl 10 and that is a perpetuall truth which Syrach saith; that Kingdomes are translated from Nation to Nation, for the iniquities, injuries, and wickednesse of Princes; and that every tyranny continues but a short space. Thus the Captaines and souldiers carefully executed all the commands of Iehojada the High Priest, in revenging the tyranny of Queene Athaliah: Thus all the godly men of Israel went to the Maccabees, partly that they might defend the true worship of God, partly that they might free the Republike against the impious and unjust attempts of Antiochus; yea God favoured their just endeavours, and gave them prosperous successe, What then? May not God likewise out of private men themselves raise up some avenger of tyranny? Cannot the very same who raiseth up tyrants out of the people, backed with no title, no pretext, to punish the people, likewise raise up deliverers also out of the lowest of the people? Cannot the same who enthralled the people to Iabin and Eglon, deliver the same people by Ehud, Barac, Deborah, and as it were manumit them when they were deserted by the Nobles? What therefore should now hinder, thou wilt say, but that the same God who hath sent Tyrants on us at this time, should likewise extraodinarily send revengers of tyrants? Why, if Ahab rageth againt good men, if Iezabel suborne false witnesses against Naboth, shall not there be also a Iehu, which may extirpate the family of Ahab, who may avenge the bloud of Naboth, who may cast downe Iezabel to be torne in peeces of Dogges? Verily, what I have answered before, as nothing hath departed from the justice of God at any time, so not from his mercy. But yet since those evident signes, by which God was wont to confirme these extraordinary vocations of those Worthies, are for the most part wanting to us in this age, p. 199let the people take heed, lest whiles they seeke to passe over Sea with a drie foote, some Impostor being their Captaine, they fall not headlong into a gulfe, which we read sometimes to have hapned to the Jewes: lest whiles they seeke a revenger of tyranny, they perchance follow one, who, that tyrant being expelled, will translate the tyranny it selfe unto himselfe: lest finally whiles they seeke to deserve well of the Common-wealth, they militate to the private lust of any; so as that may fall out which hath hapned to many Republikes, especially the Italian, whiles that they endeavour to remove the present evill, they bring in a farre greater.

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

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

The States seeing themselves ingaged in warre on all sides against the Spaniards, (who were proclaimed enemies to the Countrey) fearing some dis-union amongst themselves, by the inticing perswasions of such as sought to dismember them, they resolved, before that Don Iohn should enter into the Countrey, to make a generall union among themselves, as well Prelates, Noblemen, and Townes, as of others of the seventeene Provinces: which was allowed by the Lords of the Councell of State, deputed by the King, for the government generall of the said Countries; whereof p. 200the Originall remaines in the custody of the States of Brabant. Of which Union, the Tenor followeth.

A generall Vnion of the States.

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

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

And in case, that any Province, Estate, Countrey, Towne, Castle, or House, were besieged, assaulted, invaded, or opprest in any sort whatsoever: yea, if any p. 201of us, or any others (having indeavoured himselfe for his Countrey and the just defence thereof, against the Spaniards, or for other causes depending thereon, as well in generall as particular) should be sought after, imprisoned, ransomed, molested, or disquieted in his person, and goods, honour, and estate, or otherwise; we promise to give him assistance by all the said meanes; yea, and to procure the liberty of them that shall be imprisoned, either by force, or otherwayes; upon paine to be degraded of their Nobility, Name, Armes, and Honour, and to be held perjured, disloyall, and enemies to our Countrey, before God and men, and to incurre the note of Infamy and cowardise for ever. And for the strengthening of this our holy Union of Association, we have signed these presents the tenth of Ianuary, 1577.

Underneath were the signatures of the Deputies of every Province, Prelates, Noblemen, and Commissioners for Townes; and underneath them, was written the agreation of the Councell of State, as followeth: The Deputies of the generall Estates here under-written, having required them of the Councell of State, committed by his Majesty for the government of the Netherlands, to consent unto and allow of that which is contained in the Union above written: The Councell, in regard of the said request, and the reasons therein contained, have as much as in them lay, allowed, and doe allow by these presents, the said Union, according to the forme and tenor. Made at Brussels in the State-house, in the Assembly of the said States, the tenth of Ianuary, 1577. And underneath was written:

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

If any shall here object;Object. 1. thataaChassanaeus in con…ue, tud Burg. Rebuffus ad constit. Reg. Tom. 2. & Bene…ic. ante vac. art. 2. Bodin. de repub. l. 1. c. 10 Kings are of divine institution; whence, Dei gratia, (By the grace of God) is peculiarly annexed to their Titles; and not communicated unto Subjects. Therefore though they prove never so flagitious or tyrannicall, they may in no wise be forcibly resisted, or questioned by their Nobles and Parliaments for their crimes.

I answer briefely (because I havebbPart. 3. p. 115. to 123. elswhere largely dissipated this objection) First, that Kings are no more of divine institution, then any other inferiour Magistrates Officers, or Princes what soever; as theccRom. 13. 1, 2, 2, 4, 5, 6. Prov. 8. 15. 16.Rom 13:1Rom 13:2Rom 13:4Rom 13:5Rom 13:6Prov 8:15Prov 8:16 Scriptures abundantly evidence. But all other inferiour Magistrates, Officers, and Princes whatsoever are resistible, questionable, censurable, and deposible for their tyranny, wickednesse, and misgovernment by the Parliaments censure, as IddPart. 2. p. 44. 45. have proved, notwithstanding their divine institution; therefore such degenerating Kings too, as well as they in such cases.

Secondly, alleeEph. 4. 11. 1 Cor. 12. 28. c. 4. 1. 2 Cor. 3. 6. c. 11. 23. 2 Tim. 4. 6.Eph 4:111 Cor 12:282 Cor 3:62 Tim 4:6 Ministers of the Gospel, are as much, (if not farre more) Iure divino, and by Gods owne ordination, as Kings are; a truth undeniable confessed by all our Kings in their ordinary Writs to Bishops as the words,**See (f) REX EADEM GRATIA, Episcopo, attest. But they for their offences and misdemeanors contrary to their function, may be both forcibly resisted, censured, deprived, degraded, yea and executed, thnotith standing their divine right and institution; as the Canons of most Councels, we practise of all ages, yea, the expresse letter of the 26. Article of the Church of England, with all our Episcopall Canons and Canonists attest: Therefore tyrannicall degenerating Kings may be so too, by the selfe-same reason, in some cases.

p. 202Thirdly, this Title of Dei gratia, in Publike Writs, anciently hath beene, and yet is common to Bishops, Prelates, inferiour Magistrates, and Subjects, as well as to Kings; as sundry precedents ffRagister. pars 2. f. 3. 23. 60 62 303. 7. 31. 33. 35. 38. 44. 54 55. Pars 1. 286. 302, 303. 305. 306, 307. Pars 3. f. 5. 22. 26. 29 31. 35. 42. 47. Fitz. Nat. Bre. 132.in our Law bookes, ggWillielmus Dei GRATIA Eliensis …pisc. &c. Mattheus Pars. p. 155.Matthew Paris, hhProaem. Relect. in leg. Taurin. 36. Object. 2.Salon, with others attest, and Mr. Iohn Selden in his Titles of Honour, part. 1. chap. 7. Sect. 2, p. 123. professedly proves at large, to whom I shall referre you: But these both lawfully may be, and alwayes have beene forcibly resisted, questioned, convented, deprived, censured for their tyranny and misdemeanors, notwithstanding this their stile of Dei gratia, or pretence of divine institution: yea, we know that Bishops have beene lately thrust out of many Churches, notwithstanding their long pretended Ius Divinum to support their Hierarchy; and Iohn Gerson a Papist, hath writ a particular Treatise De Auferibilitate Papae, notwithstanding the Popes pretended Divine Title to his Monarchy, which may be now, and one day shall be totally abolished. Therefore tyrannicall degenerous Kings, may be justly resisted, censured, deprived, as well as they, and royalties changed into other governments, by the peoples and kingdomes common consents, if they see just cause.

If any secondly object:**See Mr. Seldens Titles of Honour, Part. 1. c. 8. sect. 1. That Kings are annoynted at their Coronation; Therefore their persons are sacred, irresistible, unquestionable, unpunishable, for any tyrannicall or exorbitant actions whatsoever.

I briefely answer: first, that every Christians Baptisme, (being a Sacrament of Christs owne institution) at least his spirituall unction and sanctification, (as I haveiiPart. 3. p. 89. to 94. formerly proved) makes a person as sacred, yea more holy, then Kings annoynting (being no Sacrament) can, or doth of it selfe make the person of any King whatsoever. A truth which no Christian can without blasphemy deny. But Baptisme, and the inward unction of the spirit of grace and sanctification, exempts no Christians from resistance, censure, punishments of all sorts, in case they commit any exorbitant or capitall crimes; as experience tels us: Therefore Kings Coronation annoyntings cannot doe it.

Secondly,kkPart. 3. p. 92. 93. Petrus Cunaeus de Republ. Hebrae. l. 1. c. 14. Pontif. & Ceremoniale Romanum. Priests anciently were and at this day too in the Roman Church, are annoynted as well as Kings; and so are children and si…ke persons (that I say not Altars, Bels, &c.) with Chrisme and extreame Vnction: But these Unctions conferre no such immunity to Priests, children, sicke men, others, &c. Therefore neither can this annoynting doe it to Kings, especially now, being no divine institution.

Thirdly, The annoynting of Kings, is not common to all Christian Kings (many of them especially in former times, having beene crowned without any annoynting at all) but peculiar to Emperours, and to the Kings of Ierusalem, France, England, and Sictly, the foure annoynted Kings, onelyonly, asllAd Tit. de Stat Ho…. l. 1. Albericus, mmDe Imp qu. 18. & 19.Restaurus Castaldus, nnDe Potest. Regia. part. 4. Sect. 16.Antonius Corsetus, ooMoral. Iustit. pars 2. …. 10 c. 5.Azorius, ppCatalogus Gloriae mundi, p. 5. Consid. 35.Cassanaeus, and qqSee Mr. Seldens Titles of Honour, part. 1. c. 8. Sect. 1.sundry others affirme, out of the old Roman Provinciall: though some other Kings have now and then beene annoynted when they were crowned, as Mr. Selden Proves. Since therefore all Kings persons are reputed sacred, as well as these foure who are annoynted; and these Kings as soone as the Crowne descended to them, even before their Unctions and Coronations were deemed as sacred and inviolable as before; it is certaine, that their very enoyling of it selfe makes no addition to their personall immunities from just resistance, publike censures, or deprivations for grosse unsufferable publike crimes.

Fourthly, the annoynting of Christian Emperours and Kings is not very ancient. p. 203Charles the great being the first annoynted Emperour it wettTitles of Honour, part. 1. c. 8. Sect. 1. beleeve Mr. Selden. The first annoynted King in France, was Pipin about the yeare 750. the annoynting of theirvvSee Selden, Ibid. p. 148. 149. Clovis the first, about they yeare 500. with that holy Vial of never-decaying Oyle (reserved at Rheimes to annoynt their Kings) which they say a Dove brought downe from Heaven to annoynt him with, (a ridiculous Monkish, fable, much insisted on byxxDecreta Eccles. Gal. lib 5. Tit. 2. c. 1. 2, 3, 4, 5, 6. Mr. Selden Ibid. p. 148. 149.Titus 2 Bochellus and other French-men, who relate the grand solemnity used in the carrying and recarrying of this fabulous Vial, at the French Kings Coronations) being not at his Coronation, as many fondly mistake, but onelyonly at his baptisme, as Mr. Selden manifests by pregnant authorities; The annoynting of Kings is farre more ancient in England then in any other Realme,yyIbid p. 149 150, 151, 152. as Mr. Selden notes out of Gildas; yet Egfert is the first of whose annoynting there is any intimation in our Histories, about the yeare 790. To adde to the holinesse of which ceremony, some of ourzzTho. Walsingham. in. Initio, H. 4. See Selden. Ibid. p. 153. Monkes in latter ages have forged a Legend (as good as that of the holy Vial at Rheimes) that the Virgin Mary gave to Thomas Becket, Archbishop of Canterbury (during his exile under Henry the second) a golden Eagle full of precious Oyle, inclosed in a stone vessell, commanding him to preserve it: foretelling him, that the Kings of England annoynted with this Oyle, should be Champions of the Church, and bountifull, and victorious as long as they had …his Eagle, & oyle. How late the Unction of Kings began in other Realmes, you may read at large inaaTitles of Honour, part. 1 c. 8. Sect. 11. Mr. Selden; and how the later Kings of Iudah were annoynted, and with what unguent or Oyle, the curious may read at leisure inbbDe Republ. Hebrae. l. 1. c. 14. Cunaeus. This annoynting therefore of Kings being not of divine institution, of such puny date in most Realmes, and no wayes necessary nor essentiall to the constitution or Inauguration of any Christian King; can adde no immunity, or priviledge at all to the persons of Kings, much lesse exempt them from all forcible resistance, just censures, or deprivation it selfe, if there be just and reall cause to proceed criminally against them in case of incorrigibility, as I have elsewhere more fully demonstrated, and therefore shall no further expatiate in this particular here: onelyonly I shall conclude with one notable History which proves it.

I read in **Rerum Anglicarum, l. 3. c. 6. See Saxo grammaticus Dan. Hist. l. 8. p. 140.Gulielmus Neubrigensis; that for an hundred yeares space and more, though there were a numerous succession of Kings in Norway, yet none of them ended his life by old age or sicknesse, but all of them perished by the sword, leaving the soveraigne power of the Realme to their murderers, as to their lawfull successors, so as to all those who are knowen to have reigned there for so long a time, that which is written might seeme to have reference; Hast thou slaine, and also taken poss…ssion? The Nobles of this Land out of a pious endeavour, desirous to heale this infamous mischiefe, obteining now the vigour of a Law as it were through long custome, decreed, That the new King should be solemnly annoynted with a mysticall unction, and crowned, so as no man should dare from thenceforth to lay hands on the Lords annoynted: For till that time none in that Nation hath ever beene consecrated King after an Ecclesiasticall manner, but whosoever had Tyrannically slaine a King, put on the person and power of a King thereby, and left the same likewise after a little fortune to his murtherer, by a law of inveterate custome, which verily, out of acertaine Christian simplicity, was thought by many to have beene therefore so frequently done, because none of the former Kings had deserved to be initiated with the solemnitie of a Royall Unction. Therefore Haco being slaine who had succeeded King J…ge slaine by him, when the succession of the Crowne seemed to belong to one Magnus a child, Nephew to J…ge, the Wisemen and Nobles of the Realme by a common Decree, p. 204caused the said child to be solemnly consecrated to be the Lords annoynted, and crowned with a Diadem. By which deed they thought that they had a Prince made sacred to them, and that the disgrace of the ancient custome was thereby abolished. But when Magnus had reigned some few yeares in great prowesse and happinesse, a most infamous Priest Suerus, surnamed Birkebain, usurped a Tyranny, twice defeated Magnus by warlike stratagems, and at last utterly routed and slew him in battell; (notwithstanding his annoynting) and usurping the Crowne, renounced his holy orders, married a wife, and would have beene crowned by the Archbishop of that Land; but he being a great man, would neither be moved with prayers nor threats, to annoynt an execrable head with sacred Unction, for which he was banished the Countrey: at last after two great victories against two competitors who were slaine, Suerus obtained the Royall Crowne, with mysticall Unction, by the hands of a certaine Bishop compelled thereunto under paine of death, as it were secure by his frequent successes, from the uncertaine end of a long prospering tyranny, &c. By which History it is evident, that it is but a childish simplicity to beleeve, that the ceremony of annoynting Kings can of it selfe make Kings persons sacro-sanct, or preserve them from violence or assassinations, since it no way prevented this mischiefe in this Realme, (nor yet in any other) the very first King for whose personall safety this ceremony of annoynting and crowning was introduced among the Norwegians and Danes, being not long after slaine by his Subjects and competitor in battell.

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