The Sovereign Power of Parliaments Part 4, Appendix · Part 8 (3 of 4)

The Sovereign Power of Parliaments Part 4 · Appendix · Part 8 (3 of 4)

p. 160Thirdly, it is abundantly manifeſt from all the premiſes; That Kings and Emperours alwayes have been, are, and ought to be ſubject to the Lawes and Cuſtomes of their Kingdomes, not above them, to violate, breake, or alter them at their pleaſures, they being obliged by their very Coronation Oathes in all ages and Kingdomes inviolably to obſerve them. This verily is confeſſed aaIn his ſpeech in Parl. in his works, p 531 c. 9by K. Iames, by our bbA Collection, &c. p. 320, 321. and elſewhere.K. Charls himſelf in his late Declarations to al his Subjects; reſolved by eel. 1 c. 8. l. 3. c. 9.Bractonffl. 1. c. 17. Fleta,ggc. 9. to 15. Forteſcue, our hhSee Cooks Epiſt. to the 5. Report. & Calvins caſe.Common and Statute Lawsiipar. 1. & 2. forecited; by the Year Book of 19. H. 6. 63. a. where Fray ſaith, That the Parliament is the higheſt Court which the King hath, and the Law is the highest inheritance which the King hath, for by the Law he himſelfe and all his Subjects are ruled; and if the Law were not, there could be no King nor inheritance; This is proued by kkFox Act. & Mon. Edit. 1. in one Vol. p. 741.Stephen Gardiner Bp. of Wincheſter in his Letter to the Lord Protector; where he writes, That when he was Embaſſadour in the Emperours Court he was faine there, and with the Emperours Embaſſadour to defend and maintaine, p. 161by Commandment**From Henry the eight and his Councell. in a caſe of Jewels, That the Kings of this Realme were not above the Order of their Laws, and therefore the Jeweller although he had the kings Bill ſigned, yet it would not be allowed in the Kings Court, becauſe it was not obtained according to the Law; and generally granted by all our own ggPonet. P. lit. Government, p. 22. Dolman. p. 72. and others.Engliſh Writers, is copiouſly aſſerted, and profeſſedly averred by Ariſtotle, Polit. l. 3. c. 11. 13. Marius Salomonius de Principatii. in ſixe ſpeciall Books to this purpoſe, by Juſtus Eccardus de Lege Regia, Thomas Garzonius Emporii,hhPlinius 2. Panegyr. Traiano, d…ct Eccardus, de Lege Regia. Emporiorum, Pars 1. Diſcurſus 1. de Dominiis ſect. 6. p. 9, 10. Joannis Carnotenſis Epiſc. lib. 4. Policrat. c. 1. Bochellus Decreta, Eccleſ. Gal. l. 5. Tit. 1. Cap. 6. 15, 16. Haenon. Diſput. Polit. p. 428. to 442. Feneſtella de Magiſtratu, p. 149. Ioannis Mariana de Rege & Regis Inſtit. l. 1. c 9. (an excellent diſcourſe to this purpoſe) Petrus Rebuffus, Praefat. ad Rubr. de Collationibus, p. 583, 584. Sebaſtianus Foxius de Rege, &c. part. 1. p. 108, 109 part. 2. 192 &c. Buckanon de Iure Regni apud Scotos paſſim, Iunius Brutus Vindiciae contra Tyrannos, quaeſt. 3. p. 116. to 139. (an accurate diſcouſe to this effect) Grimalius de Optimo Senatore, p. 33. 201, 205. Vaſquius contr. Illustr. 16. n. 15. 19. 21. 17. n. 1. …3. 20. n. 3. 44. n. 3. 73. n. 12. 13 15. 72. n. 7. and elſwhere. De Iure Magiſtratus in ſubditos, paſſim, Polanus, in Ezech. p. 824. 854. Pareus in Rom. 13. p. 138. Franciſ. Hotomani, Franco Gallia. c. 6. to the end of Cap. 20. Sparſim, Governado Chriſtiano, p. 108. Cunaeus de Republ. Hebr. l. 1. c. 1. 14. Schickardus Ius Regium Hebrae p. 54. Hugo Grotius de Iure Belli, l. 1. c. 4. f. 7. l. 2. c. 14. and elſewhere thorowout his ſecond Book, with infinite others of all ſorts: This all good Emperours and Kings in all ages have profeſſed, as theſe Authors prove. Thus the good Emperour Trajan practiſed and profeſſed; That the Prince was not above the Laws; Hence iiIn Phil… …rato, l. 8. & Eccardus de Lege Regia.Apollonius Thyanaeus writing to the Emperor Domitian, ſaith, Theſe things have I spoken concerning Lawes, which if thou ſhalt not think to reignover thee, then thy ſelf ſhalt not reign: Hence kkDionyſ. Hall car. l. 1. Eccardus de Lege Regia Iunius Brutus p. 122.Autiochus the third, King of Aſia is commended, that he writ to all the Cities of his Kingdom, if there ſhould be any thing in his Letters he ſhould write, which ſhould ſeem contrary to the Laws, they ſhould not obey them. And Anastatius the Emperour made this wholeſome ſanction, admoniſhing all the Iudges of his whole Republike, that they ſhould ſuffer no Reſcript no pragmaticall ſanction, no ſacred adnotation which ſhould ſeem repugnant to the generall all Law or the publike profit, to be produced in the pleading of any ſuite or controverſie; enough eternally to ſhame and ſilence thoſe flattering Courtiers, Lawyers, Divines, who dare impudently, yea, impiouſly ſuggeſt the contrary into Princes Ears, to excite them to Tyrannize and oppreſſe their ſubjects againſt their expreſſe Oathes (inviolably to obſerve and keep the Laws) their Duties, the very Lawes of God and man; of which more in the ſeventh and eigth Obſervation.

Fourthly,Obſerv. 4. That Kings and Emperours can neither anull nor change the Laws of their Realms, nor yet impoſe any new Laws, Taxes or Impoſitions on them, without the conſent of their People, and Parliaments: This I have largely manifeſted in the firſt Part of this Diſcourſe, and the premiſed Hiſtories, with the Authors here quoted in the three precedent Obſervations, atteſt and prove it fully; for if the whole Kingdom, Parliament, and Laws themſelves be above the King or Emperour, and they receivellIoannis Maior Diſtinct. 24. qu 3. Lau. Bochellus Decreta Eccleſ. Gall. l 5 Tit. 4. c. 3. p. 728. their Soveraign Authority from the People, as their publike ſervants: It thence infallibly follows, that they cannot alter the old Laws which are above them, nor impoſe new Lawes or Taxes to binde the whole Kingdom, people, without their aſſents, they being the Soveraigne Power. This point being ſo clear in it ſelf, ſo plentifully proved in the premiſes, I ſhall onelyonly adde this paſſage out ofmmVindicae contra Tyrannos qu 3. p. 124, 125, 126. Iunius Brutus, to ratifie it; If Kings cannot p. 162by Law change or extenuate Laws once approved without the conſent of the Republike, Innocentius ad Regen. Tarrat. in c. quando de Iure I…ando.much leſſe can they make and create new Laws; therefore in the German Empire, if the Emperour think any Law neceſſary, he firſt deſires it in the generall aſſemblies; if it be approved, the Princes, Barons, and Deputies of Cities ſubſigne it, and then it is wont to be a firme Law: Yea, he ſwears, that he will keep the Laws Enacted, and that he will make no news Laws but by common conſent. In the Kingdom of Poland there is a Law, (renewed, An. 1454, and 1538.) That no new Laws or Conſtitutions ſhall be made, but onelyonly by publike conſent, or in any place but in Parliament. In the Realm of France, where yet commonly the authority of Kings is thought moſt ample, Laws were heretofore enacted in the Aſſembly of the three Eſtates, or in the Kings ambulatory Councell; but ſince there hath been a ſtanding Parliament, all the Kings Edicts are void, unleſſe the Senate approve them; when as yet the Arreſts of that Senate or Parliament, if the law be wanting, even obtain the force of a Law: So in the Kingdoms of England, Spain, Hungarie, and the reſt, there is, and of old hath been the ſame Law: For if Kingdoms depend upon the conſervation of their Laws, and the Laws themſelves ſhould depend upon the luſt of one Homuncio, would it not be certain, that the Eſtate of no Kingdom ſhould ever be ſtable? Would not the Kingdom neceſſarily ſtumble, and fall to ruine preſently, or in a ſhort ſpace? But if as we have ſhewed, the Lawes be better and greater than Kings, if Kings be bound to obey the Laws, as ſervants are to obey their Lords, who would not obey the Law rather then the King? who would obey the King violating the Law? who will or can refuſe to give ayd to the Law thus infringed?

Fiftly,Obſerv. 5. that all publike great Officers, Judges, Magiſtrates, and Miniſters of all Realms, are more the Officers and Miniſters of the Kingdom, than the Kings, and anciently were, and now ought to be of right elected onelyonly by the Kingdom, Parliament, people, and not removable but by them: which is largely proved by Iunius Brutus Vindiciae contr. Tyrannos, qu. 1, 2, …. De Jure Magiſtratus in Subditos, qu. 5, 6, 7, 8, 9. with others, the Hiſtories forecited, and Hotomani Francogallia, c. 6, 11, 12, 13, 14.

6.Obſerv. 6. That Kings and Emperors have no abſolute power over the lives,**See Henricus Eocerus lib. 2. Le Duello, c. 4 5. that the Civill Law concerning Iusts, is contrary, yet the Canon Law prohibiting Iuſts, upon pain of excommunication, accords with the common Law. liberties, goods, eſtates of their ſubjects to diſpoſe of them, murther, impriſon, or ſtrip them of their poſſeſſions at their pleaſure; but ought to proceed againſt them in caſe of Delinquency according to the known Lawes and Statutes of their Realmes: This truth is abundantly evidenced by all the premiſes; by Magna Charta, c. 29. and all Statutes, Law-Books in affirmance of it; by reſolution of the Judges in Henry 8. his reigne, Brook. Corone 29. That it is Felony to ſlay a man in juſting, and the like, notwithſtanding it be done By command of the King, for the command is againſt the Law; and of Judge Forteſcue, 19. H. 6. 63. That if the King grant to me, that if I kill ſuch a man, I ſhall not be impeached for it, this grant is void and againſt Law. By Junius Brutus, Vindiciae contra Tyrannos, Quaſt. 3. p. 136, to 137. and the Treatiſe De Jure Magiſtratus in ſubditos in ſundry places, where this undeniable verity is largely proved, confirmed, and by others forecited.

Seventhly,Obſerv. 7. That Emperours, Kings, Princes are not the true Proprietory Lords or Owners of the Lands, Revenues, Forts, Caſtles, Shipps, Iewels, Ammunition, Treaſure of their Empires, Kingdoms, to alienate or diſpoſe of them at their pleaſures; But onelyonly the Guardians, Truſtees, Stewards, or Superviſors of them for their Kingdoms uſe and benefit, from whom they cannot alien them, nor may without their conſents or privities lawfully p. 163diſpoſe of them or any of them, to the publike prjudice; which if they doe their grants are void and revocable. This propoſitionnnPart. 1. p. 102. part. 2. p. 1… to 17. formerly ratified by many reaſons, authorities, & ſundry Hiſtoricall Paſſages in this Appendix, is not only evident by the Metropolitans uſuall ſpeech to all elected Kings, (preſcribed by the Roman Pontificall, ratified by the Bull of Pope Clement the eight, ooRom. 1611. f. 62. …3. and tranſc… in M. Seldens Titles of Honour, firſt Part. Chap. 8. p. 197, 198.where the Metropolitan, when any King is preſented to him to be Crowned, firſt demands of the Biſhops, who preſent him; Do you know him to be worthy of and profitable to this dignitie? to which they anſwer, We know and beleeve him to be worthy and profitable to the Church of God, and for the Government of this Realme: After which the Metropolitan among other things, uſeth this Speech unto him, Thou ſhalt undeniably adminiſter Iuſtice, without which no ſociety can continue towards all men, by rendring rewards to the good, puniſhment to the evill, &c. and ſhalt ſo carry thy ſelf that thou maiſt be ſeen to reign not to thine own, but to all ſhe peoples profit, and to expect a reward of thy good deeds, not in earth but in heaven; which he immediately profeſſeth with a ſolemn Oath, to perform to the uttermoſt of his power and knowledge;) but likewiſe profeſſedly maintained by Iustus Eccardus de Lege Regia, Marius Salamonius de Principatu, Hugo Grotius de Iure Belli, & Pacis, l. 1. c. 4 ſect. 10. Lib 2. c. 13. 14. Hotomani Franco-Gallia, c. 6. 10. 14. Ruibingius, l. 2. Claſſ. 11. c. 8. n. 26. Ioannis Mariana, Hist. l. 10 c. 16. l. 27. c. 11 l. 35. c 16. Albericus Gentilis, de Iure Belli, l. 3. c. 15. Cuiacius, c 33. de Iure Iurando, Decius, Conſ. 564. 689. Cephalus, Concil. 618. Alciatus, l. 3. de v. ſ. l. 15. C. de pact. Baldus Proaem. Digeſt. and by Iunius Brutus Vindicia contra Tyrannos, qu. 3. p. 136. to 256. who handles this queſtion profeſſedly, Whether that the King be the proprietory Lord of the publike Royall Patrimany of his Kingdom, or the Vſufractuary of it? determining cleerly that he is not. I ſhall tranſcribe the moſt of his Dicourſe; This Head we muſt handle a little more accurately. This is firſt to be obſerved, that the Patrimony of the Exchequer is one thing, of the Prince another thing; I ſay, the things of the Emperour, King, Prince are one thing, the things of Antonine, ppL…bene a Zenone c. dequad. praeſt. l. vivis, de quaeſt. Mag. l. 12 c. l. fiſcus D…de Iure fiſci.Henry, Philip another: The things of the King are thoſe, which he as king poſſeſſeth; the things of Antonine, thoſe which he hath as Antonine, and thoſe verily he received from the people, the other from his Parents. This diſtinction is frequent in the Civill Law, wherein the patrimonie of the Empire is ſaid to be one thing, of Caeſar another, the Exchequer of Caeſar one thing, the Treaſury of the Republike another, the Treaſurer of Caeſar one perſon, of the Emperiall Exchequer another, the Courts of ſacred donations, others from thoſe of private things; ſo that he who as Emperour is preferred before a private man in a pledge, may ſometimes be placed after him as Antonine. Likewiſe in the German Empire, things of Marimilian of Austria are one kinde of things, of Maximilian the Emperour another; the Treaſurers of the Empire others, and of himſelf other from them; Likewiſe by another Law, the hereditary poſſeſſion of Princes are different, from thoſe which are annexed to the dignities of the Electorſhip. Yea, even among the Turks the Patrimoniall Grounds or Gardens of Selymus are one thing, the fiſcall Ground another; and thoſe verily are ſpent on the Princes Table, theſe onelyonly in ſuſtentation of the Empire. Yet there are Kingdoms, as the French, Engliſh, and the like, wherein Kings have no private Patrimonie, but onelyonly the Republike received from the people, in which therefore this diſtinction is not uſed. Now as for the private goods of Princes, if there be any, there is no doubt but they are the proprietors of them, no otherwiſe then private Citizens; and by the civill Law they may ſell and divide them p. 164at their pleaſure; But verily of the Exchequer, Kingdom, Royall Patrimony, which is uſually called Demeſnes,L. Cum ſervis 3…. to ult. D. de Leg. …. l Vniverſi 9 x. l. ſeq. C de ſundo patrimon. they can with no reaſon be called the proprietory Lords. For what? whether becauſe one hath made thee a Shepheard for his Flocks ſake, hath he delivered it thee to fley, divide, doe with it, and ſtrike it at thy pleaſure? whether becauſe the people have conſtituted thee a Captain or Judge of ſome Citie or County, have they given thee power of alienating, ſelling deſtroying that Citie or County? And ſurely there is made an alienation of the people together with the Region or Countie, have they therefore given thee authority of ſevering, proſtituting, enſlaving them to whom thou wilt? Furthermore, is the Royall dignitie a poſſeſſion, or rather a function? If a function, what community hath it with a propriety? If a poſſeſſion, whether not at leaſt ſuch an one, that the ſame people by whom it is delivered, may perpetually retain the propriety to it ſelf? Finally, if the patrimonie of the Eſchequer, or demaines of the Republike, be truely called a Dower, and truely ſuch a Dower, by whoſe alienation or delapidation both the Republike it ſelf and Kingdom, and king himſelf finally periſheth; by what law at laſt, ſhall it be lawfull to alienate this Dower? Therefore let Wenceſlaus the Emperour be infatuated, let Charles the ſixth king of France be diſtracted, and give or ſell the kingdom or a part thereof to the Engliſh; let Malchom king of Scotland prodigally ſpend the Crown land, and royall Treaſure, what will follow? Thoſe who have choſen a king againſt the invaſions of Forraigners, by the folly or madneſſe of the king ſhall be made the ſervants of Forraigners; thoſe who by this means would ſeverally deſire to ſecure their Eſtates, ſhall all of them together be expoſed to a prey; thoſe things which every one ſhall take from himſelf or from his pupils, as in Scotland, that he mightendow the Commonwealth, ſome Bawd ſhall riotouſly conſume. But if, as we have already often ſaid, kings be created for the peoples uſe, what uſe at all ſhall there be, if not onelyonly the uſe, but even the abuſe be granted? To whoſe good are ſo many evils? to whoſe benefit ſo many loſſes, ſo many perils? If, I ſay, whiles I deſire to look after my liberty or ſafetie, I make my ſelfe a ſlave, I expoſe my ſelfe to the luſt of one man, I put my ſelf into Fetters and Stocks? Therefore we ſee this Law, as it is infuſed by nature, ſo likewiſe it is approved by uſe almoſt among all Nations, that it is not lawfull for the king to diminiſh the Commonwealth at his pleaſure; and he who doth contrary, is cenſured to play not the king, but Tyrant. Certainly where kings were created, there was a neceſſity to give them ſome Revenues, by which they might both ſupport their Royall State, but moſt principally ſuſtain the Royall burthens, for ſo both honeſty and profit ſeemed to require. It pertained to the Royall Office to ſee Judges placed every where, who ſhould not take gifts, and who ſhould not proſtitute the Law to ſale; Moreover, to provide a force ready at hand which ſhould aſſiſt the Law when ever there ſhould be need; to preſerve the wayes ſafe, Commerce ſafe, &c. but if warre were feared; to ſortifie Cities with a Garriſon, to inviron them with a Trench againſt enemies, to maintain an Army, to furniſh Armories. Now this is a know proverb, that peace cannot conſiſt without warre, nor war without ſouldiers, nor ſouldiers without wages, nor wages without tribute: Therefore to ſuſtaine the burthens of Peace, the demeſne was inſtituted, (which among the Lawyers is called Canon) to defray the charges of warre, tribute; yet ſo, as if ſome more heavy charge ſhould accrue, an extraordinary ayde given by Parliament ſhould ſupply; the end of all which verily, is the good of the Commonwealth, p. 165ſo as he that converts it to his private uſe, is plainly unworthy the name of a king. For a Prince,Rom. 13.Rom 13 ſaith Paul, is the Miniſter of God for the peoples good, and Tributes and Cuſtomes are paid to him, that he may continually attend thereto; And truely heretofore almoſt all Cuſtoms of the Romanes ſeem to have had this Originall, that the precious Merchandize uſed to be brought out of India, Arabia, Aethiopia might be ſecured againſt piraticall invaſions,Pliny, l. 19. c. 4. for which cauſe a Navie was furniſhed; of which kinde was the tribute of the Red-ſea,Archid. in Can. ſi quis Romipetas & peregr. 24. qu. 3. Baldus in c. 1. ſect. Commen. de paceiure infir. l. 2. D. ne quid in loco pub. Viarum l. magis puto D. de rebus …orum. Pedatica, Navigia, Portoria, and the reſt; that the publike wayes, (which were therefore called Pretorian, Conſular, Royall) ſhould be rendred ſafe from theeves plain and eaſie; which charge even now lieth upon the kings Attorny; that the publike Bridges ſhould be repaired, as appears out of the Conſtitution of Lewes the godly; twelve over Seyne; that Ships ſhould be ready at hand to tranſport men over Rivers, &c. There were no Tributes of Saltpits, yea, moſt of them were in the Dominion of private men; becauſe what things nature did voluntarily give, they thought ought no more to be ſold, then Light, Ayre, water. And whereas a certain King named Lycurgus, had begun to impoſe a Tax on Salt pits, as if nature would not ſuffer her liberality to be reſtrained, they are ſaid to have been preſently dried up; although at this day,

If we beleeve Palphur or Armilot,

Whatever good,Iuvenal. or faire thing can be got

Out of the Whole Sea, in each Realme it flowes,

Some cuſtome to the Kings Exchequer owes.

He who firſt inſtituted this cuſtome at Rome, was Livius Cenſor, whence he obtained the ſurname of Salinator, which he did for the moſt preſent neceſſity of the Commonwealth. For that very cauſe truly, King Philip obtained it onelyonly for five yeares, whoſe continuation what commotions it hath produced, every man knoweth: Finally, that tributes were inſtituted to pay Souldiers wages in warres, appeares even from this, that to make a Province ſtipendary or tributary, is the ſelfeſame thing indeed.2 King. 9. & 12. Poſtellus l, 3. de Rep. T…r.2 Kgs 9 Thus Solomon impoſed Tributes to fortifie Cities, and to furniſh a publike Armory, which becauſe they were finiſhed, the people under Rehoboam deſired to be eaſed thereof: Yea, the Turkes themſelves call the Tribute of Princes, The ſacred blood of the People, which profuſely to ſpend, or to convert to any other uſe, but to defend the people, is a curſed act. Therefore what things ſoever a King acquires in warres in every Nation, becauſe he gaines it by the common treaſure, he acquires it to the people, not to himſelfe, as a factor doth to his Maſter: Moreover if perchance he gaine any thing by marriage (which I ſay, is pure and ſimply his wives) he is thought to acquire it to the Kingdome, becauſe he was preſumed to marry that wife, not as he is Philip or Charles, but as he is King. On the contrary, as Queenes have part of thoſe things which their husbands not yet coopted into the Kingdome have gained during the marriage; ſo plainly they have no part of thoſe things they get after they have obtained the Kingdome, becauſe they are reputed gained to the publike Treaſures, not to the private meanes of the King, which was judged in the Realme of France, between Philip Valoyes and Ioan of Burgundy his wife. Now, leſt the monies ſhould be extorted to ſome other uſe, the Emperour ſweares, that he will impoſe no cuſtomes, nor enjoyne no taxes, but by p. 166the Authority of a publike Aſſembly. The Kings of Poland, Hungary, Denmarke, England doe the like out of the Lawes of Edward the firſt. The French Kings heretofore demanded Tributes in the Aſſemblies of the three Eſtates; Hence alſo is that Law of Philip Valoyes; That impoſitions ſhould not be impoſed but upon great and urgent neceſsity, and that by the conſent of the Three Eſtates: Moreover in times paſt thoſe taxes were laid up in Caſtles throughout every Dioceſſe, and delivered to ſelected men (they even now call them Elected) to be kept, by whoſe hand the Soldiers enrolled in every Town, ſhould receive their wages, which was alſo uſually done in other Countries, as in the Belgick; At this day at leaſt, whatſoever things are commanded, are not confirmed, unleſſe the Parliament conſent. Now there are ſome Provinces, which are not bound by covenant, but by the conſent of the Eſtates, as Languedoc, Britain, Province, Dolphenie, and ſome others; and in the Netherlands clearly all. Finally, leſt the Eſchequer, ſwelling like the ſpleen, whereby all the other Members do pine away, ſhould draw all things to it ſelf, every where a due proportion is allotted to the Eſchequer. Since therefore at laſt it appeares, that the tributes, cuſtomes, demeſall, that which they call demeſnes, (under which names Portages, Impoſts, Expoſts, Royalties, wrecks, forfeitures, and ſuch like are comprehended) which are ordinarily or extraordinary given to Kings, were conferred on them for the benefit of the people, and ſupportation of the kingdome, and ſo verily; that if theſe nerves ſhould be cut in ſunder the people would fall to decay, theſe foundation being under-mined, the Kingdome muſt needs fall to the ground; it truely followes, that he who to the prejudice of the people burthens the people, who reaps a gain out of the publike loſſe, and ſo cuts their throat with their own ſword, is not a King, but a Tyrant: contrarily, that a true King, as he is a ſurvey or of the publike affaires, ſo likewiſe an Adminiſtrator of the publike riches, but not a proprietary Lord, who can no more alienate or diſſipate, the Royall Demeſnes, then the kingdome it ſelfe; but if he ſhall demene himſelfe otherwiſe; verily as it is behoovefull to the Republike, that every one ſhould uſe his own proper goods well, much more is it beneficiall for the Commonweal, that every one ſhould uſe the publike eſtate well. And therefore if a Lord who prodigally ſpends his Eſtate, is by publike authority deduced to the Wardſhip of his kinſmen, and Family and compelled to abſtaine from his poſſeſſions; then truly much more juſtly, the Gardian of the Republike, who converts the publike Adminiſtration of all wealth into the publike deſtruction, or utterly ſubverts it, may juſtly be ſpoiled, by thoſe whom it concernes, and to whom it belongeth out of Office, unleſſe he deſiſts upon admonition. Now that a King in all lawfull Empires is not a proprietary Lord of the Royall patrimony, is eaſie to be manifeſted. That we may not have recourſe to thoſe moſt ancient ages, whoſe Image we have in the perſon of Ephron king of the Hittites,Gen. 23.Gen 23 who durſt not verily ſell his field to Abraham, without the peoples conſent; that very law is at this day uſed in all Empires. The Emperour of Germany before he is Crowned,Sleiden, l. 1. & …ulla aurea. ſacredly ſwears, That he will alienate, diſtract, or morgage nothing of thoſe things which appertain to the Empire, and the patrimony of the Empire; but if he recovers or acquires any thing by the publike Forces, that it ſhall come to the Empire, not to himſelf. Therefore when Charles the fourth, that Wenceſlaus his ſonne might be deſigned Emperor, had promiſed an 100000 Crowns to every one of the Electors, and becauſe he had no ready monies, had obliged to them p. 167by way of pawne to this end, the Imperiall Cuſtoms, Tributes, Townes, Proprieties and Rights; there aroſe a moſt ſharp diſpute about it, and the moſt judged the morgage to be void; which verily had not availed, unleſſe that morgage had been gainfull to thoſe very men,L. 1. & paſſim, c de Com. Rev. alienat. who ought to defend the Empire, and principally to oppoſe that morgage: Yea, therefore Wenceſlaus himſelf was compelled, as incapable, to deprive himſelf of the Empire,Nauclerus in Chron. Gen. 46. C. intellecto de Inreiurando in Decret.Gen 46 becauſe he had ſuffered the Royall Rights, eſpecially the Dukedome of Millain to be taken from him. In the Poliſh kingdom there is an ancient Law, of not alienating the Lands of the Kingdom of Poland, renewed An. M.CCCLXV by king Lewes: There is the ſame Law in the Realm of Hungary, where we reade, that Andrew king of Poland, Polydor Virgil. In Cod Hiſpan. par. 5 1. Conſent. 9.about the year M. CCXXI. was accuſed before Pope Honorius the third, that neglecting his Oath, he had alienated the Crown Lands. The like in England in the Law of K. Edward, An. M.CCXCVIII. Likewiſe in Spain by the Conſtitution made under Alphonſo, renewed again MDLX in the Aſſembly at Toledo; which Lawes verily were enacted, when as cuſtome for a long time before had obtained the force of a Law. But verily in the kingdome of France, wherein, as in the pattern of the reſt, I ſhall longer inſiſt, this Law was ever ſacroſanct: It is the moſt ancienteſt Law of the Realme, I ſay, the Law born with the Kingdom it ſelf, Of not alienating the Crown (or demeſne) Lands, Papon Ar. ſtor. l. 5. Tit. 20. art. 4.renewed in the year M, D, 66. although it be ill obſerved. Two caſes onelyonly are excepted, Panage or Apennage (aliments) to be exhibited to his children or brethren, yet ſo as the clintelary right be alwayes retained; again, if warlike neceſſitie require it, yet with a pact of reddition, Yet in the interim both of them were heretofore reputed void,Paragr. 11. & 16. Legis Regiae Latae. 1566. unleſſe the Aſſembly of the three Eſtates had commanded it; but at this day, ſince a ſtanding Parliament was erected, it is likewiſe void, unleſſe the Parliament of Paris, which is the Senate of Peers, and the Chamber of publike accounts ſhall approve it, and the Preſidents of the Eſchequer alſo by the Edict of Charles the 6 and 9.Aimoi &c. Aimoi. l. …. c. 41. And this is ſo farre forth true, that if the ancient Kings of France would endow any Church, although that cauſe then ſeemed moſt favourable, they were bound to obtain the conſent of the Nobles; as king Childebert may be for an example, who without the conſent of the French and Normans, durſt not endow the Monaſtery of S. Vincents in Paris, as neither Clodoveus the ſecond, and the reſt. Moreover, they cannot releaſe the Royalties, or the right of nominating Prelates to any Church; but if any have done it, as Lewes the eleventh in favour of the Church of Sennes, and Philip the fourth of Augiers, Philip Auguſtus of Naverne, the Parliament hath pronounced it void. The king of France, when he is to be Crowned at Rheimes, ſweares to this law, which if he ſhall violate, it avails as much as if he contracted concerning the Turkiſh or Perſian Empire.L. Petr. 69. par…g. praed…umi. D. de Oy. 2. Hence the Conſtitutions, or as they callit, the Statutes of Philip the ſixt, John the 2^d, Charles the fift, ſixt, eight, of reſuming thoſe things which were alienated by their Anceſtors, (of which reſumptions there are many inſtances cited by Hugo Grotius de Jure Belli & Pacis, l. 2. c. 14. n. 12. 13. & Adnotata Ibid.) Hence in the Aſſembly of the three Eſtates at Towres (An. 1323. 1360. 1374. 1401. 1483.) An. 1483. 15…2. …. Areſ…is Curiae. 1…60.in which Charles the eight was preſent, many Towns of the alienation of Lewes the eleventh his Father, which he had by his own Authoritie given to Tancred Caſtellan, who demerited well of him, were taken from his Heirs; which even in the laſt aſſembly of the three Eſtates held at Orange, was again decreed. Thus concerning publike Lands. But that it may the more evidently appeare, that the kingdome is preferred before p. 168the king, that he cannot by his private Authoritie diminiſh the Majeſtie which he hath received from the people,Paulus Aemil. l. 3. nor exempt any one from his Empire, nor grant the right of the Soveraign Dominion in any part of the Realm; Charles the great once endeavoured to ſubject the Realm of France to the German Empire; but the French vehemently withſtood it,An. 1195, 1200, 1269, 1297, 1303, 1325, 1335. An 1360. An. 1465, & 1525. a certain Vaſcon Prince making the Oration: The matter had proceeded to Arms, if Charles had proceeded further. Likewiſe, when ſome part of the Realm of France was delivered to the Engliſh, the ſupreme right was almoſt perpetually excepted; but if Force extorted it at any time, as in the Brittiſh League, wherein king Iohn releaſed his Soveraign Right in Gaſcoigne and Poytiers, the king neither kept his Contract, neither could or ought he more to keep it, then a Captain, Tutor or Guardian, as then he was; who that he might redeem himſelfe, would oblige the goods of his Pupils. By the ſame Law the Parliament of Paris reſcinded the agreement of the Fluſheners, wherein Charles of Burgundy extorted Ambian, An. 1420. Monſ…re…et c. 225.and the neighbour Cities from the king; and in our time the agreement of of Madrit, between Francis the firſt a Captive, and Charles the fift the Emperour, concerning the Dukedome of Burgundy was held void; and the Donation of Charles the ſixt of the kingdom of France by reaſon of death, conferred on Henry king of England, may be one apt argument of his extreme madneſſe, if others be wanting. But that I may omit other things which might be ſaid to this purpoſe,L. Liber homo 103. D. de verbo. obligat. l ſi Emp. 34. § 1. D. de contra Empil…pe-C. de oper. libert. by what right at laſt can a king give or ſell his kingdom or any part thereof, ſeeing they conſiſt in the people, not in the walls? now there is no ſale of free men, when as Land-Lords cannot ſo much as conſtrain their free Tenants, that they ſhould ſettle their Houſhold in any other place then where they pleaſe; eſpecially ſeeing they are not ſervants, but Brethren; neither onelyonly are all kings Brethren, but even all within the Royall Dominion ought to be ſo called.

But whether if the king be not the proprietorie of the Realme,An lex ſit Regni uſis fructuarius? may he not at leaſt be called the uſufructuary, or receiver of the profits of the Crown Lands? Truely, not ſo much as an uſufructuary. A uſufructuary can Pawn his lands, but we have proved, that kings cānot morgage the Patrimony of the Crown. A fructuary can diſpoſe or give the profits at his pleaſure; contrarily, the great gifts of the king are judged void, His unneceſſary expences are reſcinded, his ſuperfluous cut off; what ever he ſhall convert into any other but the Publike uſe, he is thought to have violently uſurped. Neither verily is he leſſe obliged by the Cincian Law, then any private Citizen among the Romanes, eſpecially in France where no gifts are of force without the conſent of the Auditors of the Accounts. Hence the ordinary Annotations of the Chamber under prodigall kings; This Donation is too great, and therefore let it be revoked. Now this Chamber ſolemnly ſwears, that whatſoever reſcript they ſhall at any time receive from the king, that they will admit nothing which may be hurtfull to the kingdom and Commonweale. Finally, the Law cares not how a Fructuary uſeth and enjoyeth his profits; contrarily, the Law preſcribes the king in what manner, and unto what uſe he ought to put them. Therefore the ancient kings of France were bound to divide the Rents into four parts; one part was ſpent in ſuſtaining the Miniſters of the Church, and the poor, another upon the kings Table, the third on the Wages of his houſhold ſervants,Mon…retus in Carolo 6. the laſt in the repaire of royall Caſtles, Bridges, Houſes; the reſidue, if there were any, was laid up in the Treaſury. Verily what ſtirs there were about the year 1412 in the Aſſembly of the three Eſtates at Paris, becauſe p. 169Charles the ſixt had converted all things into his and his Officers luſts, and that the Domeſtick accounts, which before had not exceeded 94 thouſand French Crowns in ſuch a miſerable eſtate of the republike, had increaſed to the ſum of five hundred and forty thouſand Crowns, is ſufficiently evident out of Hiſtories: Now as the rents of the Crown were thus leſſened, ſo alſo the oblations and ſubſidies were ſpent upon the Warre, as the taxes and tallages were onelyonly deſtinated to the ſtipends of Souldiers. In other Realms the King verily hath not any more Authority, yea, in moſt he hath leſſe, as in the Germane and Poliſh Empire: But we would therefore prove this to be ſo in the Realm of France, leſt by how much any man dares to doe more injury,Ex Concil. Valent. in c. de his quae finit. a Prelatis abſque conſ capit. by ſo much alſo he might be thought to have more right. In ſumme, what we have ſaid before, the name of a King ſounds not an inheritance, not a propriety, not a perception of profits, but a function, a procuration. As a Biſhop is inſtituted for the cure and ſalvation of the ſoul, ſo the King of the body, in thoſe things which pertain to the publike goods; as he is the diſpenſer of ſacred goods, ſo the King of prophane, and what power he hath in his Epiſcopall, the ſame, and no greater hath the King in his dominicall Lands; the alienation of the Epiſcopall Lands without the conſent of the Chapter, is of no validitie, ſo neither of the Crown Land without a publike Parliament or Senate of the Eſtates; Of ſacred revenews one part is deſigned to aedifices, another to the poor, a third to Companions, a fourth to the Biſhop himſelf; the ſame verily almoſt we ſee the King ought to do in diſpenſing the revenewes of the Kingdom. It hinders not, that the contrary every where is at this day uſurped: For the duty of Biſhops is not any way changed, becauſe many Biſhops ſell thoſe things from the poor, which they ſpend upon Bawds, or waſt all their Mannors and Woods; nor yet that ſome Emperours have attributed all kinde of power to themſelves, for neither can any one be judge in his own Cauſe. But if any Cararalla hath ſaid, That ſo long as his ſword remains, he would want no money; Adrianus Caeſar will alſo be preſent, who ſhall ſay, That he would manage the Principality, Florus l. 2 Livy l. 70. Tacitus l. 14.ſo as all ſhould know, that it was the peoples goods, or inheritance, not his own; which one thing almoſt diſtinguiſheth a King from a Tyrant: Not, that Attalus King of Pergameni, ordained the people of Rome Heirs of his Realme; that Alexander bequeathed the kingdom of Aegypt, Ptolomie of the Cyrenians, to the people of Rome, or Praſutagus of the Iceni to Caeſar; verily this great power cannot debilitate the force of the Law, yea, by how much the greater it is, by ſo much the leſſe it hurts our law; for what things the Romanes ſeized upon by pretext of law, they would notwithſtanding have ſeized on by force, if that pretext had been wanting: Yea, we ſee almoſt in our times, the Venetians, by pretext of a certain imaginary adoption, which without force had been plainly ridiculous,Volaterum, lib. Greg 3. to have taken the Kingdom of Cyprus. Nor yet doth the Donation of Conſtantine to pope Sylveſter hinder, for this Chaffe ſeemed abſolete long ſince to Gratian, and is damned to the fire. Not the donation of Lewes the godly to Paſchall, to wit, of Rome, with part of Italy, becauſe Pius gave that which he poſſeſſed not, and no man reſiſted; But Charles, his Father, willing to ſubject the Realm of France to the German Empire, the French reſiſted him by law;1 King c. 9. 2 Chron. c. ….1 Kgs 9 and if he had gone further, they prepared to reſiſt by ſorce Not, that Solomon as we read, delivered twenty cities to Hiram King of Tyre, for he did not give them, but pawned them as a Creditor till he paid him, and within a ſhort time recovered them, which appears out of the Text; Moreover alſo they were barren grounds, tilled p. 170by Reliques of the Heathens, which he receiving again from Hiram, gave them at laſt to the Iſraelites to be tilled and inherited. Neither can this more hinder, that in certain Kingdoms this condition perchance doth not ſo expreſly intervene betweene the King and his people;L. 2. paragr…ius rei D. de adminiſt. rer ad cui. part. 1. Lut…r 27. D. de admin. tutor. l. fi Fundum. …arag. fi tutor D. depoſiti & expreſſ. Extrauag. dere Iudicat c. intellecto. l. 2 & paſſim c. de interdict Com…er, alien. for albeit it were not at all, yet it appears by the law of Nations, that Kings are not ſubverters, but Moderators of the Republike, that they cannot change the right of the Commonwealth by their pactions; that they are Lords onelyonly when they take care of their Pupils, that they are to be accounted no other then Guardians; and that he is not to be eſteemed a Lord, who ſpoils the City with liberty, and ſelleth it like a ſlave. Not finally, that certain Kingdoms are gained by Kings themſelves, for they acquired not Kingdoms by their owne, but by publike hands, forces, treaſures; now nothing is more conſonant to reaſon, then that thoſe things which are gotten by the publike riches, and common dangers of the Citizens, ſhould not be alienated without common conſent, which holds place even amongſt Theeves themſelves; he deſtroyeth humane ſociety, who doth the contrary: Therefore though the French have by force ſeized on the German Empire, and they alſo on the Realm of France, yet the ſame law holds in both. In ſum, at laſt we ought to determine, that Kings are not Proprietors, nor Fructuaries, but onelyonly Adminiſtratours; and ſince it is ſo, that verily they can much leſſe attribute to themſelves the propriety and profits of every mans private Eſtate, or of the publike wealth which belongeth to every Town. Thus and much more this accute learned Lawyer, to the conviction and refutation of all oppoſite Ignoramuſſes in this caſe of grand concernment, which will put a period to our unhappy controverſies concerning the Militia, (**Part. 2. p. 1. to 41. formerly diſcuſſed) without further debate.Obſerv. 8.

Eighthly, That Emperours and Kings are moſt ſolemnly obliged by a Covenant and Oath, uſually made to, and before all the people at their Coronations, to preſerve their peoples lawes, liberties, lives, eſtates; by breach whereof in a wilfull exceſſive manner, they become perjured Tyrants, and the people and Magiſtrates are in ſome ſort thereby abſolved from their Allegiance, and all obedience to them.

This is evidently and plentifully confirmed by theqqPart. 1. p. 51. to …8. forecited Coronation Oathes, and Covenants of our own Engliſh Kings to their ſubjects, by De Jure Magiſtratus in Subditos, quaeſt. 10. p. 321. 322. and quaeſt 6. p. 260. to 300. Andrew Favine his Theatre of Honour, lib. 2. c. 11. 24. Franciſci Hotomani Franco-gallia, cap. 6. 10. &c. Hugo Grotius de Jure Belli & Pacis, l. 2. c. 13. 14. Pontificale Romanum, Romae 1611. fol. 162, 163. Deſcripti… Coronationis Maximiliani Imperatoris, Anno 1486. inter reruns German Scriptores, Tom. 3. p. 32. Olaus Magnus de Gent. Septentrionalibus Hiſt. l. 14. c. 6. Laur. Bochellus decreta Eccleſiae Gallicanae, l. 5. Tit. 2. c. 1. p. 703. M. John Seldens Titles of Honour, part. 1. ch. 8. ſect. 5. p. 198. 214. 225. 226. (where the Coronation, Oathes of the Emperour, French King, of all the Northern Kings, and of moſt Elective and Succeſſive Kings and Queens to their Subjects, are at large recorded:) Alhuſius Polit. c. 4. Juſtus Eccardus de Lege Regia; Thomas Aquinas de Reg. Principis, c. 6. & 2. qu. 2…. 12. art. 2. Iohn Ponet Biſhop of Wincheſter in his Politicall Government. Arniſaeus de Authoritate Principum, p. 50. to 123. Sparſim. Vaſquius contro. Illuſtr. paſſim. Ioannis Mariana de Rege & Regis Instit. l. 1. c. 6. 7. 9. Georg. Buchanon de Iure Regni apud Scotos. Simancha Pacenſis de Catholica. Inſtit. Tit. 23. n. 11 p. 98. Franciſcus Tolletus in ſumma l. 5 c. 6 Huldericus Zuinglius; Explan. Artic. 40. 41. 42. And, to omit all others, Iunius Brutus in his Vindiciae contra Tyrannos, quaeſt. 3. p. 156. p. 171to 167. with whoſe words I ſhall fortifie and irradiate this poſition: We have ſaid, that in conſtituting a King a double Covenant is entred into; the firſt between God, the King and people, of which before; the ſecond, between the king and the people, of which we are now to treat. Saul being ordained king, the royall law was delivered to him,Deut 17. 1 Sa. …0. 25. 2 Sam. …. 3. 1 Chron. 11. 3. 2 King. 11. 17. & 12. 2 Chron. 23. 3. 2 King. 23. 3.Deut 171 Chr 11:32 Kgs 11:172 Kgs 11:122 Chr 23:32 Kgs 23:3 according to which he ſhould rule. David made a Covenant before the Lord in Hebron; that is, calling God to Witneſſe, with all the Elders of Iſrael, who repreſented all the people, and then at laſt he was annointed king. Ioas alſo made a Covenant with all the people of the land in the houſe of the Lord, Iehoiada the high Prieſt going before them in words: Yea, the teſtimony is ſaid to be impoſed on him together with the Crown; which moſt interpret the Law of God, which every where is called by that name. Likewiſe Ioſiah promiſed, that he would obſerve the Precepts, Teſtimonies and Statutes comprized in the book of the Covenant; by which names we underſtand the Lawes which appertained as well to piety as to juſtice. In all which places of Scripture, a Covenant is ſaid to bee made with all the people, the whole multitude, all the Elders, all them …n of Iudah; that we may underſtand, which is likewiſe ſeverally expreſſed, not onelyonly the Princes of the Tribes, but likewiſe all the Chi…arkes, Centurions, and inferior Magiſtrates were preſent, in the Name of the Cities, which every one a part by themſelves made a Covenant with the king. In that Covenant they conſulted of creating the king, for the people did make the king, not the king the people. Therefore there is no doubt, but the people made the Covenant, and the King promiſed to perform it. Now the part of him that makes the Covenant is reputed the …etter Law: The people demanded of the King, whether he would not rule juſtly and according to the Lawes? Hee promiſed that he would doe ſo: whereupon the people anſwered, That hee reigning juſtly, they would faithfully obey him. Therefore the King promiſed abſolutely; the people, but upon condition; which if it were not fulfilled, the people by the Law it ſelfe ſhould bee reputed abſolved from all obligation. In the firſt covenant or Pact, Pietie comes into the obligation, in the ſecond, Iuſtice: In that, the king promiſeth, that he will ſeriouſly obey God; in this, that he will juſtly rule the people▪ in that, that he will take care of the glory of God; in this, of the benefit of the people; in that there is this condition, If thou ſhalt obſerve my Law; in this, If thou ſhalt render Iuſtice to every one: Of that, if it be not fulfilled, God properly is the avenger; of this, lawfully all the people, or the Peers of the Realm, who have taken upon them to defend all the people.Xenoph. lib Pa. Now in all juſt Empires, this hath been perpetually obſerved. The Perſians having duely finiſhed their ſacrifices, made this agreement with Cyrus, Thou firſt. O Cyrus, if any make warre with the Perſians or violate the Lawes, doeſt thou promiſe to ayde thy Countrey with all thy might? And as ſoon as he had promiſed. We Perſians, ſay they, will be aiding to thee, if any will not obey thee, defending thy Countrey: Xenophon. de Repub. Lacedaem.Xenophon calls this agreement foreign, that is, a Confederation, as Socrates an Oration of the duty of Subjects towards their Prince foreign: Between the kings of Sparta and the Ephori, a Covenant was renewed every month; and as the kings did ſwear,Dionyſ. Hallicar. lib. 1. That they would reign according to the Laws of the Countrey; ſo the Ephori, If they did ſo, that they would eſtabliſh the Kingdom in their hand. Likewiſe in the kingdom of the Romanes, Romulus made this contract with the Senate and people, That the People ſhould make Lawes, that the king himſelf would keepe the Lawes made; That the People ſhould decrée Warre, himſelf wage it. p. 172And although many Emperours obtained the Empire of the Romans rather by force and ambition, then by any right, and by the Royall Law, as they call it, arrogated all kinds of power to themſelves; yet the*See Ec…ardus de Lege Regia & M…rius Salamonius de Principatu l. 6. where this Law is recorded. fragments of that Law, which are extant as well in Books as in Roman inſcriptions, ſufficiently teach; that a power was granted them, of caring for and adminiſtring, not of ſubverting the Common-weal and oppreſſing it by tyranny. Moreover, even good Emperours profeſſed, that they were bound by the Lawes, and acknowledged their Empire received from the Senate, and referred all the weightieſt affaires to the Senate, and they judged it unlawfull to determine any thing of great publike concernment without their aduice. But if wee behold the preſent Empires, there is not one of them which may be thought worthy of that name, wherein there is not ſome ſuch Covenant intervening between the Prince and Subiects. In the German Empire, not long ſince, the King of Romanes being to be crowned Emperour, was wont To make Fealty and Homage to the Empire, no otherwiſe then a vaſſall (or tenant) to his Lord, when he received inveſtiture of his Lands. And although the conceived words, to which he ſware,Speculum Sa…on, l. 1. art. 54. See Deſcript. Coronations Maximiliani Imper An. 1486. in Rerum Germ. ſcrip. Tom. 3 p. 32. be a little changed by Popes, yet the ſame thing remains perpetually. Therefore we know that Charles the 5. of Auſtria was created Emperour upon certain Lawes and conditions, as likewiſe others, who have ſucceeded him; of which the ſumme was; That he would keep the Lawes enacted; That he would make no new Lawes, without the Electors conſents; that he would determine publike affaires in a publike Counſell; that he would alienate or pervert none of theſe things which pertained to the Empire; with other things which are ſeverally recited by Hiſtoriagraphers: And when as the Emperour is crowned at Achen, the Archbiſhop of Colen firſt demands of him;Sleidan, l. 1. c. 2. Whether he will not defend the Church, adminiſter juſtice, preſerve the Empire,, protect Widowes, Orphans, and all worthy of pitty? which when he hath ſolemnly ſworn to perform before the Altar, the Princes and thoſe who repreſent the Empire, are demanded, whether they will promiſe to fealty him? Neither yet is he firſt annointed, or receives a ſword, (of purpoſe to defend the Republike) or other Enſignes of the Empire, before that he ſhall have taken that Oath. From whence verily it is manifeſt, that the Emperour is purely obliged, the Princes of the Empire upon condition onelyonly.ſſSee Pontifical. Romanum Romae 1611. f. 161. 162. Mr. Seldens Titles of Hon. par. 1. c. 8. p. 196. to 206. No man will doubt but that the ſame is obſerved in the kingdom of Poland, who ſhall underſtand the ceremonies very lately obſerved in the Election and Coronation of Henry of Angiers: eſpecially, the condition propounded to him of conſerving both Religions, as well the Evangelicall as Roman, which the Nobles thrice demanding of him in ſet forme of words, he thrice promiſed to perform. In the Hungarian, Bohemian, and other kingdomes, which would be over-long to recite, the very ſame is done. Neither onelyonly, where the right of Election hath continued yet entire hitherto, but likewiſe where meer ſucceſſion is commonly thought to take place, the very ſame ſtipulation is wont to intervene. When thettSee Bochellus Decreta Eccleſ. Gallicanae l. 55 tit. 2 c. 1. & Mr. Seldens Titles of Hon. par. 1. ch 8. p. …41. to 256. King of France is crowned, the Biſhops of Laudune and Belvace eccleſiaſticall Peers, firſt demand of all the people that are preſent, Whether they deſire and command him to be King? Whence even in the very forme it ſelf of inauguration, he is ſaid To be elected by the People. When the people Seem to have conſented, he ſweares: That he will univerſally defend all the Lawes, Priviledges, and Rights of France, that he will not alienate his demeſnes, and the like (I ſhall here inſert the Oath out of Bochellus, Mr. Selden, and others intirely, thus:

p. 173Archiepiſcopi Ammonitio ad Regem dicendo ita (in the name of all the Clergy.) A vobis perdonari petimus, ut vnicuique de Nobis & Eccleſiis nobis Commiſſis, Canonicum privilegium, & debitam legem atque juſtitiam conſervatis, & defenſionem exhibeatis, ſicut Rex in Regno ſuo debet unicuique Epiſcopo, & Eccleſiae ſibi Commiſſae.

Reſponſio Regis ad Epiſcopos.

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

Item, haec dicit Rex, & promittit & firmat juramento.

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

Tum manum apponat Libro & librum oſculetur) Theſe things, though they have been altered, and are farre different from the ancient forme of the Oath which is extant in the Library of the Chapter of Belvace, to which Philip the firſt is found to have ſworn; yet notwithſtanding they are plainly enough expreſſed: Neither is the King girt with a ſword, annointed, crowned by the Peeres (who even themſelves are adorned with Coronets) or receives the Scepter or rod of Iuſtice, or is proclaimed King,See Hot…mani Franco-Gallia c. 6. 7. 10. before THE PEOPLE HAVE COMMANDED IT; Neither doe the Peeres themſelves ſwear fealty and homage to him, untill he ſhall have given his faith unto them, That he will exactly keep the Lawes: Now thoſe are, that hee ſhall no… w…ſte the publike Patrimony: that he ſhall not impoſe nor enjoyn cuſtomes, Taxes, Tributes at his owne pleaſure, Nor denounce warre, or make peace; Finally, that he ſhall determine nothing concerning the publike affaires, but in a publike Councell: Alſo, that the Senate, the Parliaments, the Officers of the Kingdome ſhall conſtantly enjoy their ſeverall authorities; and other things which have been alwayes obſerved in the Realm of France. Yea verily, when he enters into any Province or City, hee is bound to confirm their priviledges, and he binds himſelfe by Oath to preſerve their Lawes and Cuſtomes: Which cuſtome takes place by name among thoſe of Tholouſe Dolphenie, Britanny, Province and Rochel; whoſe agreements with Kings are moſt expreſſe; all which ſhould be fruſtrate, unleſſe they ſhould be thought to hold the place of a condition in the contract.**De Iure Magiſt. in Subditos, 290, 291, 292. See the French Hiſt. in his life. Yea Charles the 7. made a peace with Philip Duke of Burgundy (whoſe Father Iohn he had treacherouſly ſlain) with this expreſſe clauſe contained in it,(*) Bodin Com. ma…w. l. …. c. …. p. 632. 633. confirmed with the Kings own Seale; That if he ſhould break this Agreement, his Tenants, feudataries, and ſubjects preſent and to come, ſhould not be thenceforth bound either to obey or ſerve him, but rather the Duke of Burgundy and his Succeſſours, and that they ſhould be freed and abſolved from all the fealty, Oathes, promiſes, obligations and duties whatſoever, under which they were p. 174unjuſtly obliged by Charles. The like we read between King Lewis and Charles the Bald. Yea, Pope Iohn the 22. in the Treaty between Philip the long of France, and the Flemmings, cauſed it to be ſet downe, That if the King did infringe the Treaty, it might be lawfull for his Subjects to take Armes againſt him; And if was uſuall among the firſt Kings of France in their Treatiſes with other Princes,In Annal. Burg. to ſweare, that if they brake the Treaties made by them, their Subjects ſhall be free from their obedience, as in the Treaty of Arras and others. The Oath of the ancient kings of Burgundy is extant in theſe words, I will conſerve Law, juſtice, and protection to all men. In England, Scotland, Sweden, Donmarke, there is almoſt the ſame cuſtome as in France, and verily no where more directly then in Spain. For in the Kingdome of Arragon, many ceremonies being diſpatched between him who repreſents the juſtice of Arragon, or publike Majeſty, who ſits in an higher Throne, and having read the Lawes and conditions, which he is to obſerve who is to be crowned King. Who doth fealty and homage to him, the Nobles at laſt ſpeake thus to the King in their owne language; We, who are as powerfull as you (for ſo the Spaniſh Idiom imports) and can doe more then you, have choſen you King upon theſe and theſe conditions, Betwéen you and us there reignes one greater then you; (to wit, the Iuſtice of A…ragon.) Now leſt he ſhould think he had ſworn thoſe things onelyonly perfunctorily, or onelyonly for to obſerve the old cuſtome, theſe very words are wont to be repeated every third yeere in the publike Aſſembly: But if he ſhall grow inſolent truſting to his Royall power, ſhall violate the publike Lawes, finally, ſhall neglect the Oath he hath taken; then verily by the Law it ſelfe, he is deemed excommunicated with that grandeſt excommunication (or Anathema) wherewith the Church in former times excommunicated Iulian the Apoſtate; whoſe force truly is ſuch; that no more prayers may be conceiued for him, but againſt him; and they themſelves are clearly abſolved from their Oath and Obligation by that Law, whereby a vaſſall out of duty ought not to obey an excommunicated Lord, neither is bound to do it by his Oath;In Concil Tol. 4. c. 7. & Tol. 6. l. 2 feud. tit. 28. par. 1. which is ratified among them by the Decree both of a Councell, and of a Parliament or publike Aſſembly. Likewiſe in the kingdome of Castle an Aſſembly being ſummoned, the King that is to be crowned, is firſt publikely admoniſhed of his duty; after which, moſt expreſſe conditions are read, which pertaine to the profit of the Republike: Then the King ſweares, that he will diligently and faithfully obſerve them; then at laſt the great Maſter of the Knights b…nds himſelfe to him by Oath, whom the other Princes and Deputies of Cities afterwards follow every one in his order;La ioyeuſe en…r. which alſo is in like manner obſerved in Portugall, Le…n, and the other kingdomes of Spain. Neither verily, were leſſer principalities inſtituted by any other Law. There are extant moſt expreſſe agreements of the Brabanders, of the other people of Belgia, Auſtria, Carintha, and other provinces, made with their princes, which verily have the place of conditions; But the Brahanders expreſly, that place might not be left to any ambiguity, have expreſſed this condition. For in inaugurating their Duke, in ancient conventions, wherein there is almoſt nothing wanting for the preſervation of the Republike, they being all read over before the Duke,Ludovic. Guic. they proteſt openly and plainly to him, that unleſſe he ſhall obſerve them all, That it ſhall be frée for them to chuſe another Duke at their pleaſure: Which conditions he embracing and willingly acknowledging, he then binds himſelfe by Oath to obſerve them, which was alſo obſerved in the inauguration of Philip the p. 175laſt King of Spaine. In ſum, no man can deny, but that there is a mutuall binding contract between the King and ſubjects, to wit, That he raigning well, ſhall be well obeyed: Which verily is wont to be confirmed with an Oath by the King firſt…, afterwards by the people. Now verily I demand here, why any man ſhould ſweare, but that he may ſhew that he ſpeaks from his heart and ſeriouſly? whether truly is there any thing more agreeable to nature, then that thoſe things which have pleaſed us,L. 1. D de pact. l. non minorem. 20 D de tranſact. ſhould be obſerved? Moreover, why doth the King ſwear firſt, at the peoples ſtipulation or requeſt, but that he may receive either a tacit or expreſſe condition? But why is a condition annexed to a contract, but onelyonly to this end, that if it bee not fulfilled, the contract ſhould become voide in Law it ſelfe? But if through default of performing the condition, the contract be voide in Law it ſelfe, who may call the people perjured, who ſhall deny obedience to a King, neglecting that condition which hee might and ought to fulfil & violating that law to which he hath ſworn? Yea, who on the contrary would not account the King ſaedifragous,Lib. 2. feudor. 2. 26. § 4. a. tit. 47. perjurious & altogether unworthy of that benefit? For if the Law freeth the Vaſſal from the bond of his Tenure, againſt whom the Lord hath committed felony or perjury, although the Lord truly doth not properly give his faith to his Vaſſall, but his Vaſſall to him: if the Law of the twelve Tables commands a Patron who defrauded his Client to be deteſtable: if the civil laws permit a villain enfranchiſed an action againſt the outragious injury of his Lord; if in theſe caſes they free a ſervant himſelf from his Maſters power, wheras yet there is only a naturall not civill obligation therein, (I ſhall adde out of**Dionyſ. Hal. l. 2 pag. 303. 304. Dejure Magiſtratus in ſubditos. …f in Matrimony, which is the neareſt and ſtricteſt obligation of all other between men, wherin God himſelfe intervenes as the chief Author of the contract, 1 Cor 7. 15.1 Cor 7:15and by which thoſe who were two are made one fleſh, if the one party forſakes the other, the Apoſtle pronounceth the party forſaked to be free from all obligation, becauſe the party deſerting violates the chief condition of marriage, &c.) Shal not the people be much more abſolved from their Allegiance which they have made to the King, if the King, who firſt ſolemnly ſweares to them, as a Steward to his Lord, ſhall break his faith? Yea verily whether if not theſe Rights, not theſe Solemnities, not theſe Sacraments or Oathes ſhould intervene, doth not nature it ſelfe ſufficiently teach, that Kings are conſtituted by the people, upon this condition, that they ſhould reign well? Iudges, that they ſhall pronounce Law? Captaines of warre, that they ſhould lead an Army againſt enemies? But and if ſo be they rage, offer injury, ſo as themſelves are made enemies, as they are no Kings,Cic. 1. Offic… ▪ ſo neither ought they to be acknowledged by the people. What if thou ſhalt ſay, that ſome people ſubdued by force, the Prince hath compelled to ſwear to his commands? What, ſay I, if a Thiefe, a Pyrate, a Tyrant, with whom no ſociety of Law or Right is thought to be, ſhould with a drawn ſword violently extort a deed from any one? Is it not known, that fealty extorted by force bindeth not, eſpecially if any thing be promiſed againſt good manners, againſt the law of nature? Now what is more repugnant to nature, then that a people ſhould lay chaines and fetters upon themſelves, then that they ſhould lay their own throats to the ſword? then that they ſhould lay violent hands upon themſelves? (or which is verily the ſame thing) promiſe it to the Prince? Therefore there is a mutuall obligation between the King and people, which whether it be only civill or naturall, tacit, or in expreſſe words, can be taken away by no agreements violated by no Law, re…nded by no force: Whoſe force only is ſo great, that the Prince who ſhall contemptuouſly p. 176break it, may be truly called a Tyrant, the people who ſhall willingly infringe, it ſeditious: So this grand accute Lawyer determines. I ſhall cloſe up this with the unanimous reſolutions and notable decree of the United Netherland Provinces. Anno Dom. 1581. declaring Philip King of Spain to be fallen from the Seigniorie of the Netherlands for his Tyranny and breach of Oath, which is thus recited by Grimſtone, and recorded in his generall Hiſtory of the Netherlands, page 658, to 667.

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

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

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

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