The Sovereign Power of Parliaments Part 4, Appendix · Part 8 · Floating text 1
A generall Ʋnion 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, or 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 of 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 January, 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 January, 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. thataChaſſanaeus in confuetud. Burg. Rebuffus ad conſtit. Reg. Tom. 2. & Bonefic. 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 havebPart. 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 whatſoever; as thecRom. 13. 1, 2, 2, 4, 5, 6. Prov. 8. 15. 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 IdPart. 2. p. 44. 45. have proved, notwithſtanding their divine inſtitution; therefore ſuch degenerating Kings too, as well as they in ſuch caſes.
Secondly, alleEph. 4. 11. 1 Cor. 12. 28. c. 4. 1. 2 Cor. 3. 6. c. 11. 23. 2 Tim. 4. 6. Miniſters of the Goſpel, are as much, (if not farre more) Jure divin…, and by Gods owne ordination, as Kings are; a truth undeniable. But they for their offences and miſdemeanors contrary to their function, may be both forcibly reſiſted, cenſured, deprived, degraded, yea and executed, notwithſtanding their divine right and inſtitution; as the Canons of moſt Councels, the 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.
Thirdly, 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 fRagiſter. par… 2. f. 3. 23. 60 62. 303. 7. 31. 33. 35. 38. 44. 54. 55. Pars …. 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, gWillielmus Dei GRATIA Elienſis Epiſc. &c. Mattheus Pars. p. 155.Matthew Paris, hProaem. Relect. in leg. Taurin. 36. Object. 2.Salon, with others atteſt, and Mr. John 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 briefly anſwer: firſt, that every Chriſtians Baptiſme, (being a Sacrament of Chriſts owne inſtitution) at leaſt his ſpirituall unction and ſanctification, (as I haveiPart. 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,kPart. 3. p. 92. 93. … Cun…us 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 ſicke perſons (that I ſay not Altars, Bels, &c.) with Chriſme and extreame Ʋnction: 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 Sicily, the foure annoynted Kings, onelyonly, aslAd Tit. de S…at Ho…. l. 1. Albericus, mDe Imp qu. 18. & 10.Reſtaurus Caſtaldus, nDe Poteſt. Regia. part. 4. Sect. 16.Antonius Corſetus, oMoral. Juſtit. pars 2. l. 10 c. 5.Azorius, pCatalogus Gloriae mundi, p 5. Conſid. 35.Caſſanaeus, and qSee 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,4. the annoynting of Chriſtian Emperours and Kings is not very ancient; Charles the great being the firſt annoynted Emperour if wetTitles 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 theirvSee Selden, Ibid. p. 148. 149. Clovis the firſt, about the 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 byxDecreta Eccleſ. Gal. lib 5. Tit. 2. c. 1. 2, 3, 4, 5, 6. Mr. Selden Ibid. p. 148. 149. 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,yIbid 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 ourzTho. 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 Viol at Rheimes) that the Ʋirgin 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 this Eagle, & oyle. How late the Unction of Kings began in other Realmes, you may read at large inaTitles of Honour, part. 1 c. 8 Sect. 11. Mr. Selden; and how the later Kings of Judah were annoynted, and with what unguent or Oyle, the curious may read at leiſure inbDe 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. 14…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 poſſeſſion? 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 a certaine 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 Vnction. Therefore Haco being ſlaine who had ſucceeded King Jnge ſlaine by him, when the ſucceſſion of the Crowne ſeemed to belong to one Magnus a child, Nephew to Jnge, the Wiſemen and Nobles of the Realme by a common Decree, cauſed 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 exectable head with ſacred Vnction, 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 Vnction, 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.