The Sovereign Power of Parliaments Part 4, Appendix (4 of 4)

The Sovereign Power of Parliaments Part 4 · Appendix (4 of 4)

p. 60llGen. Hiſt of Spain, l 6 p. 63 171, 172, 173, 174, 175, 177. Ma…ana de … Hiſ…. l. 7.P…lagius the firſt king of Oviedo, was elected king, and that kingdom erected by the generall conſent of the people oppreſſed by the Moors, about the year, 618. during whoſe reign there were ſeverall Vice-royes of the Moors in Spain, as Alcazazin, and Alhatan and others. His ſonne king Faſila was ſlain by a Bear which he purſued in the mountains: I doubt his Subjects would have reſiſted him as well as the Bear, had he made war upon them. Froila the fourth king of Ovedo treacherouſly ſlew his own brother Ʋtmaran a gallant Knight, generally beloved, (out of jealouſie) leſt he ſhould uſurpe the Crown; in revenge of whoſe death he was ſoon after ſlain by his own brother Aurelius, Anno 767. who ſucceeded Froila in the Realm, notwithſtanding he le…t a ſon called D Alphonſo the chaſte; but the hatred that the Noblemen did bear unto his father, was the cauſe of his rejection, being then alſo very young; whereby it appears, that the right of ſucceſſion was not in thoſe dayes practiſed in Spain; S…ll… his brother-in-Law ſucceeded him; after whoſe death by generall conſent, the kingdom was given to Alphonſo. mm… l. 6. p. 183Ramir the tenth king of Oviedo did that which all other Princes abhor, for he received his ſon to be companion with him in his kingdom, and cauſed his brother Garcia to reign with him, ſo as there were now two kings and Courts in Oviedo, both agreeing well together. Anno 894 Froila dying without iſſue, becauſe his children were too young to reign, the Nobles conferred the Kingdom on Alphonſo the fourth, who after five years turned Monke.nnGen. Hiſt. of l. 7. p. 211. 226. Mariana de rebus Hi…p l. 8. c. 8. Ramir the third, twentieth king of Leon, abandoning himſelf to a voluptuous life, contemned all good counſell, ſo as the Earls and Noblemen of Gallicia ſeeing his folly,* Ioan Vaſael Hiſp Chron. An 809. p. 714. and diſcontented with his vices, ſcorned him, and would no more acknowledge him to be their king, electing Bermund for their Soveraigne, and intituled him king of Gallicia, which title he enjoyed ten years: About which time the Moors in Spain which had one king reigning at Cordova, after the death of king Mahomet, made ſo many petty kings, as there was ſcarce any good town in Spain, but had a particular King, which made ſtrict alliances among themſelves, for the preſervation of their eſtates. oo…en. Hiſt. …f Spain, l. …. p. 242. Mariana de rebus Hiſp. l. 9. c. 8. 9.Anno …07…, Garcia king in Gallicia growing a tyrant, ſpoiled and ill intreated p. 61his Subiects, governing himſelf after the appetite or a baſe woman, who put the Nobilitie and Gentry in favour or diſgrace with the king as ſhe pleaſed, ſo as in the end growing inſupportable, certain Knights ſlew her in the kings preſence; His brother Sancho taking advantage of the peoples hatred, entred his Realm with a great Army; who thereupon being deſerted generally by his people, fled to the Moors for ayd, and fell to ſpoil his own Countrey, after which he was defeated, taken priſoner, and ſo kept in the Caſtle of Lune with a good Guard till his death.

I read in ppDe rebus Hiſp. l. 9. c. 5.Iohn Mariana, that in the Councill of Florence under Pope Victor the ſecond, Anno 1055. Hildebrand a Cardinall Deacon Embaſſadour to Henry the ſecond, Emperour of Germany, complained in the Councill againſt Ferdinand king of Spain, in the Emperors Name, That againſt the Cuſtom of his Anceſtors and preſcript of Laws, he did with incredible arrogancy and levity hold himſelf exempt from the power of the Roman Empire, which iniury himſelfe could gladly ſuffer, if there were no other loſſe but of his own honour; But ſince the eſtate of Chriſtendom could not well ſubſiſt, and the Popes Authority would likewiſe be impaired, unleſſe all Chriſtian kingdoms were united and knit together under one temporall head the Emperour, whom they ſhould obey; they ought to ſuppreſſe the ſpringing temerity in the Wombe, leſt by their neglect ſpreading it ſelf into other Provinces, animated with the ſweet, and oft-times deceitfull name of libertie, the ſacred Majeſtie of the Empire and Popedom ſhould be reduced to an empty title; wherefore he deſired them to interdict all Spain, and excommuniate the King; which if they did, he would be aſſiſtant to the Churches honour and Republiks ſafety then indangered: But if they refuſed it out of fear, he would not be wanting to the honour of the Empire, & would certainly look to himſelf in private. The Pope after ſome deliberation, approved this motion as juſt, & thereupon ſends Legats to Ferdinand in his own and the Councils name, to ſatisfie the Emperors demands forthwith, under pain of preſent excommunication. The King doubtfull and fearfull whether to obey or not, ſummons a generall Aſſembly of the Eſtates of the Realme: The Clergy and religious ſort of men perſwaded ſubmiſſion, for fear of the Popes excommunication; the fearfuller ſort concurring with them, by reaſon of the Emperours power and their own weakneſſe and diſtraction, and the Kings deſires of peace, inclined moſt to their opinion. But ſome heroick ſpirits thought that a moſt grievous yoke ſhould thereby be laid on the liberty of Spain; which being once admitted on their necks, they ſhould hardly ſhake off again; that it was better to die fighting, then that the Republike ſhould be involved in ſo great a miſchief and indignitie. Rodoricus Diacius, a noble Spanyards opinion (then abſent from the aſſembly) being required by the king and it, anſwered. That this was no matter of Counſell: that what was gotten with Arms was to be defended with Arms; that it ſeemed moſt unjuſt, that the fruit of others valour ſhould return to thoſe who in their loſt condition had not communicated in the labour and danger which recovered it; that it was better to die valiantly, than to loſe the liberty gained by their Anceſtors, to become a mocking-ſtock to a barbarous and cruell nation, who contemned all men but themſelves; whoſe ears were proud, whoſe ſpeeches contumelious, whoſe acceſſe difficult, riotings new, cruelty inhumane; Shall we who have yet hardly eſcaped the ſervitude of Moors, undergo a new bondage prepared from the Chriſtians? They will deride both us and ours. Doth the whole world, as farre as Chriſtianity extends it ſelfe, obey the German Emperours? Shall all the grace, power, honour, riches, gained by ours, and our Anceſtors blood, give place to the Germans? Shall they leave dangers, repulſes, iudgemen, p. 62want to us? Shall Germany again lay on us the yoke of the Roman Empire, which our Anceſtors have ſhaken off? Shall we be a vulgar people without grace, without Empire, without authority, obnoxious to thoſe, to whom if we had vigorous mindes, if we were men, we might be a terrour? But it is difficult to reſiſt the Emperous endeavours, not to obey the Roman Pontifs commands; verily it a baſneſſe of ſpirit, for an uncertain fear of war, to involve the Commonwealth in moſt certain dangers: many things are effected by triall, which ſeemed difficult to ſlothfull men. I know not what ſtupidity hath ſeized on many, whom neither glory moves, nor the infamy of the wretchedneſſe, thinking it great liberty enough if they be freed from ſcourges? I ſuppoſe the Popes ears will not be ſo averſe to our affairs, that he will not be moved with our moſt juſt prayers, and the equity of the cauſe; Let ſome now be ſent, who may boldly defend the cauſe of our liberty before him, and teach him, that the Germans demand unjuſt things. Mine opinion is, that the liberty gained by our Anceſtors, is to be defended with arms againſt the attempts of all men, and with this my ſword I will maintain, THAT THEY ARE MOST WICKED TRAITORS TO THEIR COƲNTREY, who out of a ſimulation of a fond Religion, or ſhew of prepoſterous caution, ſhall give contrary advice, neither ſhall reſolve, that ſervitude is to be repudiated with greater care by us, then domination is affected by them. So farre forth as every one ſhall addict himſelf to the liberty of his Countrey, ſo far ſhall I be a friend unto him, or a deadly enemy. This opinion of Roderic prevailed, in purſuit whereof they raiſe an army of ten thouſand men, whereof he was made Generall; they ſend Ambaſſadours to the Pope and Councill, whereof Roderic was chief; and upon a full hearing of the cauſe before Rupert Cardinall of Saint Sabria, the Popes Legat, at Tholouſe, judgement was pronounced for the liberty of Spain, and it was decreed, That the German Emperors ſhould from thenceforth have no power nor juriſdiction over the Kings of Spain; which was afterwards confirmed by the cuſtomes of the people, the conſent of other Nations, the publike reſolution and judgement of Lawyers; as Iacobus Valdeſius in his Book de dignitate Regum Hiſpaniae printed 1602. Cap. 18. proves at large.

qqLib. …. p. 240The Generall Hiſtory of Spain, records, that the Councill of Florence reſolved, that ſeeing the Kings of Spain had defended and conquered their Realms by Arms, without any ayd from the Emperours, they were free and exempt from all ſubjection and acknowledgement to the Emperors; whereof we may read the Gloſſe upon the Chapter Adrianus P…pa, diſtinct. 63. The like priviledge have the Kings of France, the State of Venice, the Kings of England, and ſome others; Which clearly demonſtrates, the Soveraign power of Kingdoms and Nations even over their Kings and Princes, and that they may juſtly defend themſelves, and Elect other Princes, when they are deſerted or deſtroyed by them.

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

p. 63ſſGen. hiſt. of Spain, l. 8. p. 256.Anno 1091. king Alphonſo granted this priviledge, among other, to Toledo. That the City of Toledo might never be alienated from the Crown, nor given upon any Title whatſoever, to man, woman, or child.

Anno 1076. Sancho King of Navarre was ſlain in battell by his brother Raymond thinking to reigne after him,ttHyeron. Blancae Arogen. Rerum. Com. in Sanct. 4. p. 625. Gen. Hist. of Spain, l. … p. 243. but the Navarroyes expelled him out of their confines, diſdaining that he ſhould raigne over them, who had embrued his hands in his kingly brothers blood, and ſending to Sancho Ramires, 4. king of Aragon, called him to raigne over them, becauſe their ſlain kings ſonnes were too young to raigne, and protect them from their enemies; by which meanes the kingdomes of Arragon and Navarre were united.vvGen …iſt. l. 9. p. 2…4. to 279 Ioan Mariana de Rebus Hiſp. l. …0. c. 8. Rod. ſanct. hiſt. Hiſp. pars 3. c 30. Veracha Queen of Caſtile, a moſt laſcivious open Adultreſſe, by her unchaſt life ſo fa…re provoked her husband Alphonſo, that he was divorced from her, made warre againſt her and confined her: After which ſhe ſtill continuing in her lewdneſſe, the Nobility and States of Caſtile and Leon, revolt from her, take armes againſt her, depoſe her from the Crowne, and elect and crown her ſonne Alphonſo the 8. king An. 1122. allowing her onelyonly a penſion to ſupport her life.xxGen. Hiſt. of Spain, l. 9. p 281 28… to 287. Rod. Sancti hiſt Hiſp pars 3. c. 30. Mariana De Reb. Hiſp▪ l. 10. c. 5. Alphonſo King of Arragon by his laſt Will and Teſtament, moſt ſolemnly ratified, for the expiation of his ſins, gave divers crown Lands, Tenements, Revenues, and Legacies to Religious houſes and perſons, An. 1132. but being prejudiciall to the Crown, his Will after his death was held void and not put in execution: he being ſlain by the Moores An. 1134. the States of Arragon elected one Peter Tares for their King: who growing exceeding proud of his new dignity, began to deſpiſe the Nobles, and abrogate the Lawes and cuſtomes of the Country: And the Nobles (being aſſembled at a general Aſſembly of the States) going to viſit him, he comanded his Porter to ſhut them out, ſaying, that Mounſieur was buſie about matters of great importance, but they underſtood afterwards, that the great affairs cauſing him to exclude his friends were, his Barbar was trimming him: which ſo incenſed the Nobles and great men, that the next day they held their generall Aſſembly of the Eſtates without the King; where they firſt of all decreed to depoſe their new king, becauſe being …n honour he had no underſtanding of himſelfe, and becauſe they found he would grow more proud and inſolent afterwards: whereupon expelling Peter, the Eſtates aſſembling at Boria, elected Ramier a Monke, brother to king Alphonſo, for their King; who was much deriued of his Nobles for his Monkiſh ſimplicity, and at laſt turned Monk againe: But thoſe of Navarre thinking a Monk to be better acquainted with the matters of a Monaſtery then how to govern a Kingdome, and being jealous that the Arragonoys by chuſing a King of the blood Royall of Arragon, would by this meanes aſpire to the chief places of honour and favour in Court, it was concluded, that the Eſtates of Navarre ſhould aſſemble at Pampelone, where they choſe Garcia Remires their King of Navarre; and ſo the Realmes of Arragon and Navarre which had been united 58. yeers, were ſeperated in theſe two Kings. The Kingdomes of Spain being often before and ſince this time united and divided, as the people and Realmes aſſented or diſſented thereunto.yyGen. hiſt. of Spa. l. 10. p. 307. to 312. 315. 321, 326. Not to mention the troubles of Caſtile by reaſon of the nonage of their king Alphonſo the fourth, of whoſe cuſtody and tuition the aſſembly of the Eſtates diſpoſed; or how ſome Knights of Caſtile ſlew a Iew, with whom this king was ſo enamoured, that he forgot his new Spouſe, and almoſt loſt his ſences. Anno 1179. king Alphonſo aſſembled the Eſtates of Caſtile at Burgon, to leavie a Taxe upon the people, whereto the Nobilitie, as well as the reſt, ſhould contribute, impoſing p. 645. Maravidis of gold for every perſon; but it took no effect: for all the Gentlemen of Caſtile being diſcontented, that he ſought to infringe their Liberties, fell to armes, and being led by the Earle Don Pedro de Lara, they were reſolved to reſiſt this tax, and defend their Liberties with the hazzard of their live…. Whereupon Alphonſo changed his opinion, and let them underſtand, that from thenceforth he would maintain their immunities; and that whatſoever he had then propounded, was not to continue, but only to ſupply the preſent neceſſity of affaires, which he would ſeek to furniſh by ſome other meanes. For the great reſolution which Don Pedro de Lara ſhewed in this action, the Nobility of Caſtile did grant to him and his ſucceſſours, a ſolemn breakfaſt in teſtimony of his good endeavour in a buſineſſe of ſo great conſequence, and thereby the Lords of Lara have the firſt voyce for the Nobility in the Court of Caſtile. Gen. Hiſt. of Spain, l 10. p. 339. Mariana de Reb. hiſp. l. 11. c. 23.(z) An. 1204. King Alphonſo the Noble called a Parliament of the Lords, Prelates and Deputies of the Townes of his Realm at Toledo, to adviſe and aſſiſt him in his warrs againſt the Moores; where they concluded to crave ayd from all Chriſtian Princes, and a Croſſado from the Pope againſt the Moores, and made divers Lawes to reſtrain the ſuperſluities of the Realm in feaſts, apparell, and other things.

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

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

An. 1228. the Eſtates of Arragon aſſembling at Barcelona,(b) Gen. hiſt. of Spain. p. 363, 366, 367, 368. they conſenting and p. 65requiring it according to the cuſtome of the Arragonians and Cattelans, (theſe Eſtates having authority to make Warre and Peace, and Leagues) a warre was reſolved againſt the King of the Moores and Majorkins. Anno 1231. the Realm of Navarre being very ill governed, by reaſon their King Sancho retired to his chamber, did not ſpeak with any man but his Houſhold ſervants, and would not heare of any publike affaires; thereupon the State began to think of electing a Regent to govern the Realm during his retiredneſſe; to prevent which, Sancho made an unjuſt accord with the king of Navarre, and confederated with Iames King of Arragon, by the aſſents of the states of the Realm to leave his Kingdome to him if he ſurvived him; yet after his death Thibault Earle of Champaigne was by the states of Navarre elected and proclaimed King. And anno 1236. The Eſtates of Arragon and Cateloigne aſſembled at Moncon for the continuance of the warre with the Moores and conqueſt of Valentia, without whom it was not lawfull for the King to undertake any matter of importance. For maintenance of this warre, a cuſtome called Marebetine, and an exaction of impoſt for cattell was by the Eſtates impoſed on the People; it was likewiſe decreed, that all peeces of Gold and ſilver coyned ſhould be of one goodneſſe and weight, to the obſervation of which Edict for coynes, all were bound to ſweare that were above 18. yeers of age.

ccGen. hiſt. of Spain, l 11. p. 370.Anno 1236. Iames King of Arragon, revealing to his Confeſſor the Biſhop of Girone, that before his marriage with Queen Yolant he had paſſed a matrimonial promiſe to Thereſa of Bidame, ſhe ſued him thereupon before the Pope, who gave ſentence againſt her for want of ſufficient witneſſe, notwithſtanding his Confeſſors teſtimony: The King hereupon grew ſo angry with the Biſhop for revealing his ſecrets, that ſending for him to his chamber, he cauſed his tongue to be cut out: For which out-rage committed on the Biſhop, though faulty, the Pope in the Councell of Lions complained, and in the end interdicted all the Realme of Arragon, and excommunicated the king. Hereupon to take off this interdiction and excommunication, the king ſent the Biſhop of Valentia with his excuſe and humiliation to the Pope; wherewith he being ſomewhat pacified, ſent two Legates into Arragon; who having aſſembled a Synod of Biſhops at Lerida, they cauſed the King to come thither, and to confeſſe his fault upon his knees before theſe fathers, with great ſubmiſſion and teares, who gave him abſolution, upon condition he ſhould cauſe the Monaſtery of Boneface to be built, and endowed with an hundred and forty pounds of ſilver, of annuall rent; endow an Hoſpitall for the poore with foure hundred pounds ſilver per annum, and give a Prebendary in the great Church of Girone, for the maintenance of a Maſſe-prieſt. About which time theddGen. hiſt. of Spain, l. 11. p. 372. 408. Moors in Spain erected many new Kings and Kingdoms by mutuall conſent, and Mahumad Aben Alamar for his valour, was by the Inhabitants of Mariona, elected and made firſt King of Granado.

eeGen. hiſt. of Spain, l. 11. p. 377, 378.Anno 1243. all was in combuſtion in Portugall by the negligence and baſeneſſe of their king Don Sancho Capello, who was wholly given to his wives humours, hated of the Portugales, and himſelfe diſliked for her ſake: for many Malefactors and inſolent perſons were ſupported by her, who grew daily more audacious in their exceſſe, without feare of Iuſtice, which was trodden under foot, for their reſpect. For theſe conſiderations, and her barrenneſſe too, all the Noblemen of the kingdome deſired to have the Queen (called Mencia) ſeparated and ſent out of Portugall: for effecting whereof, they made a great inſtance at Rome, but neither exhortation, admonition p. 66nor commandment, nor cenſure could prevaile, the king ſo doting on her, that he would not leave her: Which the Portugals perceiving, ſome of them preſumed to ſeize on her in the City of Coimbra, and conducted her into Gallicia, from whence ſhe never more returned into Portugall. Not content herewith, they ſought to depoſe the King from his Royall dignity too, for his ill government, and to advance his Brother Don Alphonſo to the Regall Throne, in his place; whom the Eſtates aſſembled made Regent of Portugall, leaving only the Title of King to his brother; which fact of the Eſtates, the Pope in the Councell of Lions, authorized by his Apoſtolicke power: with which the King being diſpleaſed, abandoned his Realme, and retired into Caſtile.

ffGen. Hiſt. of Spain, l. 11. p. 379.Anno 1247. The Lawes and Cuſtomes of Arragon, were reduced into writing by King Iames his appointment, and compacted into one body, having till that time been obſerved onelyonly by tradition: which Volume was coufirmed by the Eſtates held at Hu…f…a: And the ſame yeere the King of Caſtile erected a kind of Chancery and ſtanding Court of Parliament of 12. learned men, which followed the Court.

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

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

iiGen. hiſt. of Spain, l. 12. p. …. 400, 401.Anno 1260. and in ſome yeere following, there were divers controverſies concerning the Crown Lands, and ſetling of Portions for the King of Arragons younger children, moved and determined in the Aſſembly of the Eſtates of Arragon: and the Nobility complaining, that their King Iames did breake their priviledges, made many Leagues and Factions. This matter being debated in the Estates at Saragoſſa, and then at Ex ea in the yeare 1265. for pacifying theſe troubles they enacted, That no honours nor military fees ſhould be given to any but to Gentlemen of race, and born in the Countrey. That no Gentleman ſhould be ſubject to the tribute of Cattell, nor to any other. That in all controverſies which the Nobility might have againſt the king or among themſelves, the Magiſtrate called the Iuſtice Major of Arragon ſhould be Iudge, being aſsiſted by the Councell. That the King ſhould not give the fees and Military rewards, allotted to them that doe him ſervice, as a recompence of their vertue and valour, to any of his lawfull children, who by right have their portions in the Realme. p. 67Anno 1274. Iames King of Arragon comming to the Councell of Lions, deſirous there to be crowned by the hands of Pope Gregory; (a ceremony whereof he made great account:) the Pope refuſed him, unleſſe he would acknowledge himſelfe vaſſall to the church of Rome, and pay the arrerages of the rent which the deceaſed King Don Pedro his Father had promiſed: the which King Iames would not doe, holding it an unworthy thing ſo to debaſe the greatneſſe of his Crowne, and reſtraine the Liberty of his Realme in any ſort. And this yeare there were great and continuall Tumults in Arragon, the Nobility oppoſing themſelves againſt the King: for compoſing which differencs the Estates of Arragon aſſembled in Parliament at Exea, where king Iames tooke the government and managing of the affaires of the Realme from his ſonne Don Pedro: and diverſe great Dons were there condemned of contumacy, and their Lands confiſcated by the Iuſtice Major of Arragon: In this Aſſembly the Nobility pleaded the Priviledges of C…teloyne; That the Nobility might quit the Kings obedience in caſe of controverſies and ſuites, eſpecially if there were queſtion of their Liberties, and to proteſt it publikely.

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

That great AſtronomerllGen. Hiſt. of Spain, l. 12. p. 412. to 426. Alphonſo King of Caſtile, (who preſumed to controule the Author of Nature, ſaying; That if he had been at the Creation of the world, hee ſhould in many things have been of another opinion, and amended Gods workmanſhip;) was a moſt willfull, indiſcreet, unfortunate Prince; for his eldeſt ſonne Fernand dying in his life time, leaving Alphonſo and other iſſue males behind him, Don Sancho his ſecond ſon reſolved to diſpoſſeſſe his Nephews of the kingdom, ſaying; That it was fit▪ that he who was a Knight, and learned to govern a Realme, were it in warre or peace, ſhould raigne after his Father, rather then his Nephews, ſons of his eldeſt brother who were every young, having need of Regents and Governours, charges which were affected by great perſonages, who by reaſon thereof grew into quarrels one with the other, to the oppreſſion of the people, and hazzard of the Eſtate. After which, Don Lope Diaz of Haro preſſed the King to declare Don Sancho his ſonne his ſucceſſour in the Realmes of Caſtile, Toledo, Leon, and other places, being his eldeſt ſonne then living; to which he giving a cold anſwer at firſt, having afterwards aſſembled the Eſtates in Segobia, he was by the King and the Estates conſent declared and received as heire to the Crown after his Fathers deceaſe, Fernands children being diſinherited of their right, which fact was then excuſed and juſtified, becauſe there was no law at that time which p. 68did binde the King, much leſſe the Eſtates, to leave the Realme more to one ſonne then to another: ſince which there was a law made and received in the time of Fernand the 5. in the City of Taro; where it was decreed by the Eſtates upon this difficulty, That the Children of the elder brother deceaſed, repreſenting their fathers perſon, ſhould in that reſpect be preferred before the Ʋncle: Hereupon Queen Violant, and Blanche widow to Fernand were ſo much diſcontented with the Decree of the Eſtates, diſinheriting the eldeſt brothers ſonnes, as taking the young children with them, they departed out of Caſtile to Don Pedro King of Arragon; where Don Sancho cauſed his Nephews to be impriſoned, whom king Alphonſo labouring under hand to get releaſed▪ Don Sancho advertiſed hereof, made a league with the Moores of Granado, againſt his Father, and by aſſent of his confederates took upon him the Title of Regency of the Kingdome of Caſtile and other his Fathers dominions, refuſing the Title of King, during his Fathers life time; who was forced to pawn his royall Crown and Iewels to Iacob Abin Ioſeph a Moore, King of Morocco, who aided him willingly againſt Don Sancho. After which in an Aſſembly of the States at Cordova with the adviſe of the Noble men and knights of Caſtile thereupon ſent, by a Decree pronounced by the mouth of Don Manuel, in the name of the whole Nobility, Alphonſo was deprived of all his Realmes, for murthering his brother Don Frederick, and burning Don Rues unjuſtly without any forme of juſtice or orderly proceedings, the breach of the rights and priviledges of the Nobility, and the exceſsive wasting of the treaſure of the Realme. VponUpon this there aroſe bloody Warres between the Father and ſonne; and in the yeere 1282. Alphonſo was ſo vexed with his ſonnes proceedings, that hee pronounced in the preſence of many men of ranke both Clergie and Laity in the City of Sevill, The curſe of God and his upon Don Sancho, a ſonne, ſaid he, diſobedient, rebellious, and a par…cidie, declaring him uncapable and unworthy to reign, depriving him of his ſucceſſions, inheritance, and diſcharging the ſubjects, as much as in him lay, from all oath and homage which they had done unto him. But theſe were but words which Don Sancho did not much eſteem; enioying his Fathers kingdomes after his deceaſe in Title, as he did before in act, and dying king of Caſtile, his heires ſucceeded him in that Realme, as lawfull heires thereunto.

mmHieron. Blanca. Rer. Arragon. Com. p. …60. Gen. Hiſt. of Spain, l. 12. p. 419, 421, 422.Don Pedro the third, king of Arragon about the yeare 1283. had many controverſies with his Nobles and knights who complained much of his ſower diſpoſition, and tyrannous manner of Government, inſulting over the greateſt, yea againſt his own blood, contrary to all Law and nature. Wherefore being ill intreated by him in their freedomes, whereof the Townes and Commonalties of his Countries did alſo complain, the Nobility, Knights and Gentry, for preſervation of their Liberties made a Ʋnion together among themſelves and with the people; promiſing and ſwearing to let the King and his ſonne Don Alphonſo (who was his Lieutenant Generall) underſtand, that if they did not contain themſelves within the limits of the Lawes of the Country, they would withdraw themſelves from their obedience, and declare themſelves enemies, and purſue them by armes that ſhould ſeek to break them. The king hereupon called the Eſtates to Tarraſone, and afterwards to Saragoſſa, where he intreated, promiſed and did all what he could to break this Vnion: but he was forced to yeeld, and granted to the Arragonians the priviledge they call Generall, whereby their Liberties which had been ſomewhat restrained, were again reſtored, the ancient manners of the Country, and cuſtomes of their anceſtours put in practiſe. And moreover there p. 69were Laws made for their Kings, which they ſhould be bound to obey; and for that they were in a mutiny in ſome places, by reaſon of certain Impoſitions laid upon ſalt, the traffique thereof was made free by the Eſtates. And the king refuſing the judgment of the Iuſtice Maior of Arragon, depoſing Pedro Martines Artaſſone (who then exerciſed it) from his Office, the Eſtates ſoon after at an aſſembly at Zutaria, fortified it with ſtronger Laws, deeming the Iuſtice of Arragon to be a lawfull Iudge, (whom the King himſelf could not diſplace) even in Caſes commenced againſt the King; who being cited and not appearing, there were Decrees made againſt him in many instances. In the end the King confirmed the Decrees of the Iuſtice Maior, and whatſoever ſhould be concluded by the Eſtates, the Deputies and Councellors having given their ſuffrages.

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

Don AlphonſonnGen. Hiſt. of Spain, l, 13. p. 431. Hyeron. Blanca Arrag. Rerum Com. in Apph. 3. p. 661, 662. king of Aragon ſucceeding Pedro, Anno 1286. he was admoniſhed by the Eſtates Ambaſſadours, to come ſpeedily to the Aſſembly at Saragoſſa; where having ſworn and promiſed the obſervation of the Cuſtoms, Rights and Priviledges of the Countrey, and received the Oath of fealty from the Deputies, he might lawfully take upon him the Title of the King of Aragon; the which they ſaid, he might not uſe before this Act and Ceremony, according to the ancient cuſtoms of Aragon. VponUpon theſe ſummons he came to the Aſſembly of the Eſtates to Saragoſſa, took the Oath aforeſaid, after which he was Crowned: Which done there grew in this aſſembly a great contention, touching the reformation of the manners of Courtiers, and the ordering of the Kings houſe; the Noblemen and Deputies of the Eſtates of Aragon maintaining; that the conuſance thereof was incident to their charge; the King, and his houſhold ſervants on the other ſide, denied, that there was either Law or cuſtom which tyed the King or his followers to any ſuch ſubjection. In the end it was concluded, that the reformation of the Court ſhould be made by twelve of the principall Families, the like number of Knights, four Deputies of Saragoſſa, and one of either of the other Cities, the which ſhould give their voices in that caſe. This Vnion of Aragon obtained likewiſe a Decree, that the King ſhould have certain Councellors choſen, to wit, four of the chief Nobility, four Knights of noble and ancient races; four of his houſhold ſervants, two Knights for the Realm of Valencia, two Citizens of Saragoſſa, and one of either of the other Cities (whom they particularly name) with a condition, that whileſt the King ſhould remain in Aragon, Ribagorca, or Valencia, two of thoſe Noblemen, two of his ſervants, two Knights of Aragon, one of Valencia, and the four Deputies of the Realm of Aragon, ſhould follow and reſide in his Court, AS COVNCELLORS APPOINTED BY THE VNION; who proteſted by ſolemn Deputies ſent to the King to that end, that if he did not receive, obſerve, and maintain thoſe orders, THEY WOVLD SEIZE VPONUPON ALL HIS REVENVES, and on all the fees, Offices, and dignities of ſuch Noblemen as ſhould contradict them. Thus were the Kings of Aragon intreated in thoſe times by their ſubjects, who p. 70entred into a Ʋnion between themſelves reſolving, That for the common cauſe of liberty Non verbis ſolum, SED ARMIS CONTENDERE LICERET; that it was lawfull for them to contend not onelyonly with words, BVT WITH ARMS TO; and determined in this aſſembly of the States, A Comitijs intempeſtive diſcedere REGI NEFAS ESSE, That it was unlawfull (yea, a grand offence) for the king to depart unſeaſonably from his Parliament, before it was determined. Our preſent caſe.

ooGen. Hiſt. of Spain, l. 13. p. 436, 465.Iames the ſecond of Aragon being in Sicily at the death of King Alphonſo, Don Pedro his brother aſſembled the Eſtates at Saragoſſa, to conſult, leſt the State in his abſence would receive ſome prejudice; where James arriving, having firſt ſworn and promiſed the obſervation of the Rights and Priviledges of the Countrie, was received and crowned king. About the year 1320 Iames, by advice of his Eſtates held at Tarragone, made a perpetuall Vnion of the Realms of Arragon and Valencia, and the Principality of Cat…lone, the which from that time ſhould not for any occaſion be diſunited. In which aſſembly Don Iames eldeſt ſon to the Crown, being ready to marry Leonora of Castile, ſuddenly, by a ſtrange affection, quitting both his wife and ſucceſſion to the Realm of Arragon, told his Father, That he had made a vow neither to marry, nor to reign; ſo as notwithſtanding all perſwaſions of the King and Noblemen, he quit his Birth-right to his Brother Don Alphonſo, after the example of Eſau: diſcharged the Eſtates of the Oath they had made unto him, and preſently put on the habite of the Knights of Ieruſalem; Whereupon his ſecond brother, was by the Eſtates of Arragon acknowledged and ſworn heir of theſe Kingdoms, after the deceaſe of his father. At this time the Authority of the Iuſtice of Aragon was ſo great, That it might both cenſure the King, and the Eſtates, and appoint them a place, and admit them that did aſſiſt, or reject them.

ppGen. Hiſt. of Spain, l. 13. p. 440 to 476.Ferdinand the fourth, king of Caſtile, being but a childe when his father Sancho died, was in ward to his mother Queen Mary, his Protectreſſe; he had two competitors to the Crown, Alphonſo de la Cede, and Den Iohn, who making a ſtrong confederacy, were both crowned Kings, againſt right, by ſeverall parts of his Realm, which they ſhared between them. The States aſſembled at Zamora granted great ſums of money to Ferdinand to maintain the wars with his enemies, and procure a diſpenſation of Legitimation and marriage from the Pope, who would do nothing without great fees. After which he ſummoning an aſſembly of the Eſtates at Medina, they refuſed to meet without the expreſſe command of the Queen Mother, who commanded them to aſſemble, and promiſed to be preſent, After this divers accords were made twixt him and his competitors; and at laſt calling an aſſembly of the Eſtates to aſſiſt him in his warres againſt the Moors; he ſoon after condemned two Knights, called Peter and Iohn of Caravajal, without any great proofs, for a murther, and cauſed them to be caſt down headlong from the top of the Rock of Martos; who profeſſing their innocency at the execution, they adjourned the king to appear at the Tribunall Seat of Almighty God within thirty dayes after, to anſwer for their unjuſt deaths; who thereupon fell ſick and died, leaving his ſon Alphonſo the 12, very young; for whoſe Regency there being great competition, the inhabitants of Avila, and their Biſhop reſolved, not to give the poſſeſſion and government of the Kings perſon to any one, that was not appointed by the aſſembly of the Eſtates; Whereupon the Estates aſſembling at Palence, committed the government of his perſon to Q. Mary his Grandmother and Queen Conſtance his mother; who dying, another Aſſembly of p. 71the Eſtates was called at Burgos, Anno 1314. who decreed, that the Government of the King, and Regencie of the Realme ſhould be reduced all into one body betwixt Q Mary, Don Pedro, and Don Iohn, and if any one of them ſhould dye, it ſhould remain to the two other that did ſurvive, and to one if two dyed. After this, Anno 1315. theſe Tutors and Governours of the Realme of Caſtile were required by the Eſtates in an Aſſembly at Carrion to give caution for their government, and to give an account what they had done. Who often jarring and croſſing one another; divers Aſſemblies of Eſtates were oft called to accord them. Anno 1320. The Eſtates aſſembling, appointed new Governours of the King and Realme, who diſcharging their truſt very lewdely and oppreſſing the People, Anno 1326. they were diſcharged of their Adminiſtration at a Parliament held at Vailledolet: in which the king did ſweare, to obſerve the fundamentall Lawes of the Realme, and to adminiſter juſtice, maintaining every one in his Eſtate goods and honour: Which done, the Deputies of the Estates ſwore him Fealty. qqGen Hiſt. of Spain, l. 13. & 14. paſſim.This King afterwards proving very cruell and tyrannicall, his Nobles and Subjects oft times ſucceſſively took up defenſive armes againſt him, his Tyranny augmenting their obſtinancy, and procuring him ſtill new troubles; Whereupon at laſt diſcerning his errours, he became more mild, and often aſſembled the Eſtates in Parliament, who gave him large Subſidies to maintain his warres againſt the Moores. rrGen Hist. of Spain, l. 14. p. 487, 488, 489.The Province of Alava had a cuſtome to chuſe a Lord under the Soveraignty of Caſtile, who did govern and enjoy the revenues appointed by the Lords of the Countrey; for the election of whom they were accuſtomed to aſſemble in the Field of Arriaga; thoſe of this Election being called Brethren, and the Aſſembly of the Brotherhood. Notwithſtanding in the yeer 1332. the Brotherhood and Eſtates of this Province ſent to K. Alphonſo divers Articles, which they beſeeched him to confirme, promiſing for their part, that this ſhould be their laſt Aſſembly, and that the name and effect of their Brotherhood ſhould remain for ever extinct, and the Province be for ever united to the Crown of Caſtile, if he would confirme thoſe Articles to them, being 17. in number, which he did. The chiefe were theſe, That the King nor his Succeſſors ſhould not alien any place of his Demeſnes. That the Gentlemen and their goods ſhould be free and exempt from all Subſidies as they had been heretofore. That they and others of the Countrey ſhould be governed according to the customes and rights of Soportilla; And that divers Townes and Villages therein ſpecified ſhould be free from all Tributes and Impoſitions.

ſſGen. Hiſt. of Spain, l. 13. p. 455. 460, 472.About the yeer 1309. Mahumet King of Granado, becomming caſually blind, was ſoon after depoſed by his own Brother, and the great men of his Realme, who were diſcontented and diſliked to be governed by a blind King, who could not lead them to the warres in perſon. Which Kingdome went by Election commonly, as is evident by his three next ſucceſſours, and Mahumet the ſixth King of Granado.

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

1. Firſt, to the Eſtates to maintain and keep the Rights, Lawes, Cuſtomes, Liberties, p. 72and priviledges of the Realme, both written and not written, whereof they were in poſſeſſion, to them and their ſucceſſours for ever, and not to diminiſh, but rather augment them.

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

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

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

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

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

7. That they ſhould not ſell nor engage any of the Revenues of the Crowne, neither ſhould make any Law nor Statute againſt the Realme, nor againſt them that ſhould lawfully ſucceed therein.

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

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

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

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

Before thisxxGen. hiſt. of Spain, l. 14 p. 476. Anno 1328. the Eſtates of Navarre aſſembled at Puenta la Reyna, to reſolve without any reſpect, TO WHOM THE REALM OF NAVARRE BELONGED, whether to Edward king of England, or to Iane Counteſſe of Eureux. The Eſtates being adjourned to Pampalone, the chief Town of the Realme, their opinions were divers; many holding that king Edward ſhould have the Realm, as Granchilde (born of the daughter) to Queen Iane, daughter to King Henry, rather then the Counteſſe of Eureux, in regard of the Sex; others, with more reaſon, held for the Counteſſe, who was in the ſame degree, but daughter to a Son, and Heir p. 73to Queen Iane. Theſe prevailed, drawing the reſt to their opinion; whereupon the Counteſſe was declared true and lawfull Queen of Navarre, the Realm having been vacant above four Moneths. And untill that ſhe and Count Philip her husband ſhould come and take poſſeſſion of the Realm, they declared the Regent and Viceroy Don Iohn Corberan of Leet, Standard bearer of the Realm, and Iohn Martines of Medrado. Lo here a Parliament of the Eſtates of Navarre, ſummoned by themſelves, without a King, determining the Right of ſucceſſion to the Crown, appointing a Vicegerent, and preſcribing ſuch an Oath and Articles to their king, as you heard before.

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

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

aaGen Hiſt. of Spain, l 14. p. 483, 484, 485, 486, 493. to 498 504. Dr Beards Theatre of Gods Iudgements. Marian… and others.Anno 1328. Alphonſo King of Caſtile, treacherouſly murthering Don Iohn the blinde, his Kinſman, in his own Court, when he had invited him to dinner on all Saints day, and then condemning him for a Traitor, confiſcating his lands (a fact unſeemly for a King, who ſhould be the mirrour of Iuſtice:) Hereupon Don Iohn Manuell ſtood upon his Guard, fortified his Caſtles, revolted from the King for this his Treachery, allyed himſelf with the Kings of Arragon and Granado, overran the Countries of Caſtile, from Almanca unto Pegnafield; the Prior of Saint Iohns, Don Fernand Rodrigues, hereupon cauſed the Cities of Toro, Zamora, and Vailledolit, to rebell and ſhut their gates againſt the King; and many others likewiſe revolted from him: At laſt he was forced to call an Aſſembly of the Eſtates, who gave him Subſidies to ayde him in his wars againſt the Moors) and to conclude a peace with Don Manuel and his other diſcontented Subjects; whom he afterwards ſpoiling of their lawfull inheritances, and purſuing them in their honours and lives by Tyrannous crueltie, extending his outragious diſdain even to women of his own blood, he thereby ſo eſtranged moſt of his Princes and Nobles from him, that they revolted from him, and joyned with Mahumet king of Granado, and the Moors in a warre againſt him, which laſted three or four yeers, putting him to infinite trouble, vexations and expences, enforcing him to make a diſhonourable peace with the Moors, to releaſe the Tribute which they payed him formerly; and after much mediation he concluded a Peace thorowout all the Realm with his diſcontented Subjects. This Prince thinking p. 74to raign more ſecurely, had taken a courſe of extream ſeverity, ſhewing himſelf cruell and treacherous to his Nobility, whereby he was feared, but withall he loſt the love and reſpect of his ſubjects, ſo as he was no ſooner freed from one danger, but he fell into another worſe then the firſt, his Nobles holding this for a Maxime, That a Tyrant being offended will at ſome time revenge himſelf, and therefore they muſt not truſt him upon any reconciliation, who to pacifie the troubles which had grown by his own errour, had made no difficulty to ſacrifice (upon the peoples ſpleen) his own Mignions, degrading, and in the end murthering, condemning them as Traitors after their death, yea, the Princes of his own blood, taking their goods, eſtates, and depriving the lawfull Heirs, ſeeking to reign over free men, and generous Spirits as over beaſts, entreating them as baſe and effeminate ſlaves, who might not ſpeak their opinions freely in matters of State and Government, of which they were held dead members and without feeling. Whereupon D. Manuel and other Nobles, as men endued with underſtanding, reaſon, and not forgetting the nature of Alphonſo, who was proud, a contemner of all laws, and treacherous, they proceeded ſo farre as to withdraw themſelves from his ſubjection by proteſtation and publike act, and entred into a league with the King of Portugall, incenſing him to take up Arms for their defence: Where upon King Alphonſo having ſome feeling, that cruelty was too violent remedy for men that were Nobly borne, he ſought by all milde and courteous meanes to divide them, and to draw ſome of them to his ſervice, which he effected, and ſo more eaſily conquered, and reduced their companions.

bbGen. Hiſt of Spain, l. 14. p. 506.An. 1337. was founded the Town of Alegria of Dulanci, in the Province of Alava, and many Villages thereabout, the which obtained from the King the priviledges and Lawes of the Realm, whereby the inhabitants ſhould govern themſelves, with libertie to chuſe their own Iudges.

ccGen. Hiſt. of Spain, l. 15. p. 532 to 576.Don Pedro the firſt, king of Castile, ſurnamed the cruell, moſt tyrannically murthering and poyſoning divers of his Nobles and ſubjects without cauſe, baniſhing others, quitting Blanch his eſpouſed wife within three dayes after his marriage, to enjoy the unchaſte love of Donna Maria de Paedilla, by whom hee was inchanted, which much troubled the whole Court; divorcing himſelfe without colour, by the advice onelyonly of two Biſhops, without the Popes aſſent, from Blanch, and marrying Jane of Caſtro in her life time; Hanging up divers Burgeſſes of Toledo cauſleſly, for taking the Queens part too openly, and among others a Goldſmiths ſonne, who offred to be hanged to ſave his fathers life; cauſing his own brother Don Frederick, and divers Nobles elſe to be ſuddenly ſlain, Anno 1358. poyſoning and murdering likewiſe divers Noble Ladies, among others Don Leonora his own Aunt; after which Anno 1360 he murthering two more of his own brethren, executing divers Clergy men, and Knights of Caſtle, baniſhing the Archbiſhop of Toledo, putting divers Jews (as Samuel Levy his High Treaſurer, with his whole family) to death, to gain their Eſtates and cauſing his own Queen Blanch to be poyſoned, after ſhe had long been kept priſoner by him. Anno 1361. Hereupon his cruelties, rapines and murders growing exceſſive, and the Popes Legat denouncing him an utter Enemy to God and man, Henry Earle of Tranſtamara, his brother, with other Fugitives getting ayde from the King of Navarre, entred Caſtile with an Army, where by the Nobles importunity he tooke upon him the title of King of Caſtile and Leon; which done, the whole Kingdom (long oppreſſed with D. Pedro his Tyranny) immediately p. 75revolted from him, ſo that in few dayes Henry found himſelfe King of a mighty great kingdom, almoſt without ſtriking ſtroke, the people ſtriving who ſhould firſt receive him, ſuch was their hatred to the Tyrant Pedro: who being doubtfull what to doe, fled with two and twenty Ships out of his Realme to Bayon, craving ayde of the Engliſh to reveſt him in his Kingdom; mean time king Henry aſſembling the Eſtates at Burgon, they granted him the tenth penny of all the Merchandize they ſhould ſell in the Realm, to maintaine the warres againſt Pedro; who getting ayde from the Engliſh upon conditions, accompanied with the valiant Black**See Mr. Soldens Titles of Honour, part. 1 chap. 8. pag. 165. to 171. Prince of Wales, entred with a great Army into Spain, where the Prince writing to Henry, voluntarily to reſign the Crown to Pedro his Brother, to avoyd the effuſion of Chriſtian blood; he made anſwer, That he could not hearken to any accord with him, who had againſt the law of nature taken delight to murther ſo many of the blood Royall and other great perſonages of Caſtile, who had no respect of the Lawes of the Countrey, and much leſſe of God, falſifying his Oathes and promiſes, having no other rule in his actions, but his Tyrannous paſſions. Whereupon, battell being joyned, Henry was conquered, and Pedro reſtored; But hee diſcontenting the Engliſh and others, who had reſeated him in his Kingdome, by his inſolency and Tyranny, and the Biſcaniers refuſing to be under the command of ſtrangers, whom they would never conſent to be put in poſſeſſion of their Countrey; and withall falling to his former cruelties, and courſes contrary to the advice of his friends and Aſtrologers; he ſo eſtranged the hearts of all from him, that the Engliſh returning, and Henry receiving new forces from the French, entred Caſtile, ſuddenly, and conquered the Tyrant; who being betrayed into King Henry his hands as hee was taking his flight by night, King Henry ſtabbed him with dagger in the face, and at laſt getting him under him, ſlew him with his dagger for his exceſſe and tyranny, Anno 1368. and raigned quietly in his ſteed.

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

Firſt, for the Antient Kings of the Gothes in Spain, bbLib. 2. c. …. l. 4. c. …5.Aimoinius, cc… belli & pa…is, l. 1 c 3. ſect. 11 p. 8.and Hugo Grotius out of him,(d) Vandal. 1. Grotius, ibid. confeſſe; that they received the Kingdom from the people, revocable by them at any time; and that the people might depoſe them as often as they diſpleaſed them; and therefore their acts might be reſcinded and nulled by the people who gave them only a revocable power: which the premiſed Hiſtories experimentally evidence: ſuch likewiſe were the Kings of the Vandales, removable at the peoples pleaſure as Procopius writes: ſuch the Kings of theee…. Goth. 2. Heruli, ffExcerpt. Dionis, & Grotius. De Iure Be…li. l. 1. c. 3. Ad notata ſect. 11. p. 72.Quadi, Iazyges, ggPaulus Wiarnafred l. 4. & 6.Lombardes, hhAmmiannus lib. 28. Loan cus …Burgundians iiIoan, Leo li. 7Moldavians, kkGenerall Hiſtory of Spain l. 7. to 20. paſſim.Africans, the^l Moores in Spaine, themmSolinus l 13. Grotius de Iure Belli l c. 3. ſect. 9. p 57 two annuall Kings of Carthage, thennTacitus de mor. Germ Grotius Ibid. Dioniſ. Hal l. 2 & 5. antient Germane Kings the Kings of Sparta; and moſt other Kings of Greece, as Hiſtorians and Authors of beſt credite relate.

p. 76Secondly, for the Kings of Arragon, and originall conſtitution of the Kingdom, I find this memorable paſſage in Hieronymus Blanca his Rerum Arragonenſium Commentarius, pag. 586. 587. 590. & 72…. 724. in the third Tom, of Ioannis Piſtorius his Hiſpaniae illuſtratae, Sancho the fourth King of Arragon dying without iſſue, the Eſtates and people adviſing together what courſe they ſhould take for their ſecurity and future good adminiſtration of the Common-weale, about the year of our Lord, 842. elected twelve principall men to whom they committed the care and government of the Republike during the Inter-regnum Theſe becauſe they were very ancient men, were called Elders, from whence thoſe who by birth are ſtiled Rici-men, drew their originall; And this manner of governing the Common-wealth continued long: But the great incurſions of the Arabians preſſing them, they imagined it would not continue firme and ſtable: Yet notwithſtanding, taken with the ſweetneſſe of Liberty, they feared to ſubject themſelves to the Empire of one man; becauſe verily they beleeved that ſervitude would proceed from thence. Therefore having conſidered and rightly pondered all things, and reaſons, they made this the reſult of all their Counſels; that they ſhould conſult with Pope Adrian the ſecond, and the Lombards; what courſe they ſhould take by their adviſe, which ſhould be moſt meet for the perpetuating of the Empire: to whom, as reports goe, they returned this anſwer. That preordaining certaine Rights and Lawes, ratified with the previous religion of a cautionary oath, they ſhould ſet up one King over them; but yet ſhould reject a forraign Dominion; and that they ſhould take heed, that he whom they adopted to be King, ſhould be neither of the ſuperiours, nor inferiours; leſt, if ſuperiour he ſhould oppreſſe inferiours, or leſt, if inferiour, hee ſhould be derided by ſuperiours; To which counſell and ſentence they ſubmitting, founded that ancient Suprarbian Court: For according to the anſwer given, all decreed, That they ought to elect one man excelling in vertue for their King; But yet, leſt the pleaſure of Kings, like as in other Princes, ſhould likewiſe even among us become Lawes, they firſt of all enacted ſome Lawes by which they might heale this inconvenience. Theſe Lawes they afterward called the Suprarbian Court, which we ſhould largely proſecute, but through the injury of time, the knowledge of them is buried, and ſome fragments of them only are extant, obſerved by Prince Charles himſelfe, and ſome other Writers, which we ſhall verily remember; becauſe they are as the firſt elements of our Republike, and containe in them, the inſtitution of the Magiſtrate of the Iuſtice of Arragon, which is the chiefe thing of our inſtitution; therefore in the beginning of that Court it was provided, that the King which ſhould be, ſince the Kingdom, lately taken from the Moores, was freely and voluntarily conferred on him, ſhould be bound both by the Religion of an Oath, as likewiſe by the force and power of Lawes, to obſerve the Lawes and Liberties of the Kingdom; Now the Lawes were theſe,

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

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

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

p. 77Let the King beware, that he begin no Warre, that he enter into no Peace, conclude no Truce, or handle any other thing of great moment, without the concurring aſſent of the Elders.

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

With theſe Lawes therefore and ſanctions, thoſe our Anceſtors confirmed the enterpriſe of new moulding and reforming the Common-wealth: But verily this was the chiefeſt gariſon for to retaine their liberty, whereby they ordained the Preſidentſhip of a middle Iudge; placing the power in ſuch ſort in the King, that the temperating of it ſhould be in the middle Iudge: out of which things, the moderate and muſicall ſtate of the Common-weale which we enjoy, is moulded and made up. For from the very beginning of things even to theſe later times, wee ſee by force of this intermediate Magiſtrate, and by the goodneſſe and clemency of moſt peaceable Kings, that both our priſtine liberty, and ancient Priviledge hath been alwayes retained, and due loyalty and reverence to the Kings Majeſty, obſerved: Neither hath the Kingdome onelyonly emplored the help of this Magiſtrate againſt Kings, but the Kings themſelves oft-times againſt the Kingdome; by which meanes, many inteſtine evils have been appeaſed without any tumult, which unleſſe they had been civilly ſuppreſſed, ſeemed verily to have been likely to have broken out to the common deſtruction of all men; ſo as we may rightly affirm, that in this alone, the ſumme of preſerving civill concord both to Kings and the Kingdome hath conſiſted. This Magiſtrate was at firſt called THE IUSTICE MAIOR; afterwards aſſuming the name of the Kingdome it ſelfe, it was called THE IUSTICE OF ARAGON: By theſe (formentioned) preſcribed Lawes, the will of him who deſired to be King of Aragon, was wholy to bee directed and formed; and unleſſe he would firſt ſuffer his faith to bee obliged in moſt ſtrick bonds for keeping of them, any future ſoliciting was to be prepoſterous. Having therefore laid the foundations of their Countreys liberty, all of them began to diſpute among themſelves about electing a King: to which end, they all aſſembled together at Arahveſt to chuſe a King; where they were ſuddenly beſieged by the Arabians: which Junicus Ariſta King of the Pompelonians hearing of, came with an Army and reſcued them; whereupon they elected him for their King with unanimous conſent, and calling him unto them, ſhewed him the Lawes they had pre-eſtabliſhed; one whereof, concerning the middle Magiſtrate, ſeemed moſt hard unto him: But having more deligently conſidered the matter, and that they voluntarily offered him the Kingdome gained from the enemies; Hee not only ratified the Lawes themſelves, but likewiſe added this new Law, or priviledge to them:**Si contra fora… a…t libertates reg…u… a ſepren…i in futurum contingeret, alium ſive fidelem, ſive in…ide…em Regem ad ſciſcendum … Reg…o aditus, … That if the Kingdome ſhould happen hereafter to bee oppreſſed by him againſt the LAWES, (Iuſtice) or Liberties, the Kingdome it ſelfe ſhould have free liberty to elect another King, whether a Chriſtian or an Infidell; which clauſe of an Infidell King, they refuſed to have beſtowed on them, becauſe they judged it ſhamefull and diſhonourable: After which Iunicus taking an oath to obſerve the former Lawes, was advanced to the Throne and made King of Aragon about the year 868. Moreover, to eſtabliſh all theſe Lawes and Conſtitutions, our Anceſtors themſelves adjoyned the acceſſion of a p. 78publike Vnion; ordaining, that it ſhould be lawfull and juſt for them, to meet all together, ET RE … OBSISTERE ARMIS ET VI, and to reſiſt the King with armes and force, as oft as there ſhould be need to propulſe any aſſault of him or his, made againſt the Lawes; which form of aſſembling together for the common cauſe of liberty, they called a Vnion; (or Aſſociation:) Neither did they anciently leſſe think all their Liberties to be preſerved by this Vnion, then humane bodies themſelves are by nervs and bones. And although it were not preſcribed in that Suprarbian Forum, yet they thought it deduced from the very beginnings of things, and deeply fixed and impreſſed in the ſenſe of all men, and to be eſtabliſhed by our common Law, as by another Law of Nature, and that its force was enough and more then ſufficiently known and diſcerned by uſe and reaſon. For they ſaid, it would be but a thing of little profit for them, to have good Lawes enacted, and the very Iudiciary Preſidentſhip of a middle Iudge, if when there ſhould be need, AD EARVM DEFENSIONEM ARMA CAPERE NON LICERET, cum jam tunc ſatis non eſſet pugnare conſilliis; it ſhould not be lawfull for them to take up Armes in their defence, when as then it would not be ſufficient in ſuch a caſe to fight with Counſells.

Neither verily did that ſeem altogether impertinent from the matter, for if it ſhould be ſo, all things long ere this had been in the power of Kings themſelves. Whence our people reputed theſe two priviledges of the Union obtained from Alphonſo the 3. (to wit,rrSee Ioannis de Laet Hiſpan. Deſer. p c. 5. p. 107. That it ſhalbe lawfull for the Eſtates of the Realm, if the King ſhall violate the Lawes of the Countrey, To create a new King in his place; and without the crime of Treaſon, to make confederacies among themſelves, and with Neighbour Princes To defend their Liberty; which King Ferdinand, upon the petition of the Caſtilians, refuſed to revoke, becauſe he had taken a ſolemn Oath to obſerve them.) not as new favours or benefits, but as things done out of Office, &c. Therefore in thoſe ancient Rulers of which we treat, the Liberty of our Country was hedged about by our Anceſtors with three moſt ſtrong fences; namely, with the Prefecture of this middle Iudge, with the moſt ample power of the Rici-men (or Palatines) and with this moſt fierce force of the Vnion; of which the firſt ſeemed to be Legal and civill; the other domeſticall and of greateſt moment; the laſt warlike and popular. Neither ought it then to be incloſed with a leſſer hedge, that ſo we might rejoyce, that it hath therby come ſafe & ſound to us now. But of theſe garriſons or fences the ancient inventers of them, and thoſe who next ſucceeded them, conferred more aſſiſtance and labour upon the two laſt, namely the domeſtick and popular, then on that Court preſidentſhip: For they would alwayes retain in themſelves a power of moderating and governing the moſt looſe reines of the Royall Dignity, which they might reſtrain or enlarges as there was need.ſſPag. 664, 665, 667, 716, to 812. The fore they aſſigned thoſe 12 elders to him elected out of the greateſt men, by whoſe Counſels the Kings ought to be hedged in on every ſide: the place of which Elders, the Rici-men afterwards poſſeſſed; who were the chiefe of our Nobles; who in times paſt were ſecond to the Kings in ſuch ſort, that they might ſeem to be their Peers and Companions. Theſe called that publike union to the ayde of Liberty, and out of them were choſen thoſe who ſhould alwayes be the prime and principall conſervators of it: for thus they called the preſidents of the Vnion. Finally, they ſuſtained on their necks all the Offices and burdens of peace and warre, if not with the ſame power as the Kings, yet I may truly p. 79ſay with very little leſſe; for the Rici-men, as long as they flouriſhed, relying on the Forces of the Vnion, did alwayes hover over the Royall Empire, and by the intire power of their offices, if the violence or aſſaults of Kings were unjuſt, did from inordinate reduce them into order, and as it were into a circle of Law and Iuſtice. In which thing verily their grave cenſorious and domeſticall authority had ſufficient tight and moment with our ancient Kings, who were well mannered: but if peradventure they could not with their fitting counſels bridle the exulting royall Forces, they did conſtantly repell them from their necks with the force of the raiſed Vnion. Thus and much more this Spaniſh Author, in whom you may read at large the Power and Authority of the Iuſtice of Arragon, of the Generall Aſſembly of the Eſtates or Parliaments of that Kingdom, of their Rici men, Peeres, Magistrates, Councellors, and in Ioannis de Laet. his Deſcriptio Hiſpaniae, cap. 5. cite. Ioannis Mari. and De Rebus Hiſp. l. 8. c. 1. & Gen. hiſt. of Spain, l. 17. p. 618.

To which I ſhall onelyonly adde this moſt notable cuſtome and ceremony uſed at the Coronation of the Kings of Arragon, recorded (r)t Quaeſt. 3. p. 162, 163. by Iunius Brutus, (r)(v) Franco. gal. c. 10. p. 75. 76. De Iure Magiſt. in ſubditos, p. 282, 283. Franciſcus Hotomanus, and others. The Arrogonians when as they create and crown their King in the Aſſembly of the Eſtates (or Parliament) of Arragon, to put the King in mind, that the Lawes, the Iuſtice of Arragon, and Aſſembly of Eſtates are above him, act a kind of Play that he may remember it the better: they bring in a man on whom they impoſe the name of the Iuſtice of Arragon, whom by the common Decree of the people, they enact to be greater and more powerfull then the King: to whom, ſitting in an higher place, they make the King doe homage; and then having created the King upon certain Lawes and conditions, they ſpeake unto him in theſe words, which ſhew the Excellent and ſingular fortitude of that Nation in bridling their Kings: NOS QƲI VALEMOS TANTO COME VOS, Y PODEMOS MAS QƲE VOS, VOS ELEGIMOS REY, CON EST AS Y EST AS CONDITIONES INTRA VOS Y NOS VN QVE MANDA MAS QVE VOS: that is, We who are as great as you, and are able to doe more then you, have choſen you King upon theſe and theſe conditions: Between you and us there is one greater in command then you; to wit, the Iuſtice of Arragon; Which Ceremony (leſt the King ſhould forget it) is every three yeares repeated in the Generall Aſſembly of the States of Arragon; which Aſſembly the King is bound by Law to aſſemble, it being a part of the very Law of Nations, which ſacred Liberty of Parliaments, and Aſſemblies if any Kings by evill arts reſtrain or ſuppreſſe, as violaters of the Law of Nations, and void of humane Society, they are no more to be reputed Kings, but Tyrants, as Hotoman hence determines.

I have now given you ſome what an over large account of the two**See Mr. Seldens Titles of Hon. par. 1. c. 8. ſect. 6. p. 256. to 271. greateſt and moſt abſolute hereditary Kings in Chriſtendom, France and Spain, and, proved them to be inferiour to the Lawes, Parliaments, Kingdomes, People, out of their owne Authors and Hiſtorians: in which points, if any deſire further ſatisfaction, I ſhall adviſe them to read but Junius Brutus his Vindiciae Contra Tyrannos, De jure Magiſtratus in …ubditos, and Franciſci Hotomani his Franco-Gallia; and Controverſ. Illuſt. for France: Ioannis Mariana, de Rege & Regum Inſtit. l. 1. with his Hiſtory of Spain, Hieronimus Blanca, Rerum Arragonenſium Commentarius, Ioannis … Laet Hispaniae deſcrip. c. 5. & Vaſquius, Contr. illuſt. for Spain, at their leiſure, and then both their judgements and conſciences will be abundantly ſatisfied herein.

p. 80I ſhall now very curſorily run over other forraigne Kings and Kingdoms of leſſe power and Soveraignty with as much brevity as may be.

For the Kings of Hungary, Bohemia, Poland, Denmarke, Sweden, as they have been uſually, and are at this day for the moſt part, not hereditary, but meerly ellective by the Nobles and people; ſo their Lawes, which they take an Oath inviolably to obſerve, and their Parliaments, Nobles, people, are in Soveraigne power and juriſdiction paramount them, as much almoſt (if not altogether) as the State of Ʋenice is above their Duke or the States of the Low Countries ſuperiour to the Prince of Orange; and may upon juſt occaſion not onelyonly forcibly reſiſt them with Arms, but likewiſe depoſe (if not adjudge them unto death) for their Tyranny, asvvCommonweal, l. …. c. …0. l. 2 c. 5. Iohn Bodin, the Hiſtories of Hungary, Poland, Bohemia, Denmarke, Sweden, Iunius Brutus, De Iure Magiſtratus in Subditos, Munſter in his Coſmography, and thoſe who have compiled the Republikes of theſe Realmes atteſt; who further evidence, that moſt of theſe Realms have ſometimes elected them Kings, other times onelyonly Dukes, and made their republikes, Principalitis, Dukedoms or Kingdomes at their pleaſure. To give onelyonly ſome briefe touches concerning theſe Realmes and their Kings.