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

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

p. 42But to return to this kings actions, ppGen. Hiſt. of France, p. 887. 888.Anno 1596. king Henry calls a generall p. 43aſſembly at Roan in forme of a Parliament, where he ſpeaking to the aſſembly, told them, That at his coming to the Crowne he had found France not onelyonly ruined, but almoſt all loſt for the French, but by the grace of Almighty God, the prayers and good counſell of his ſubjects, the ſword of his Princes, and brave generous Nobilitie, and his owne pains and labour, he had ſaved it from loſſe; let us ſave it now from ruine, participate with me, my dear ſubjects in this ſecond glory, as you have done in the firſt; I have not called you as my Predeceſſors did, to make you approve my will, I have cauſed you to aſſemble, TO HAVE YOVR COVNSELS, TO BELEEVE THEM, AND TO FOLLOW THEM; finally, TO PVT MY SELFE INTO YOVR HANDS: A deſire which ſeldome commands Kings that have white hairs and are Conquerours; But the love I beare unto my ſubjects, and the deſire I have to adde theſe twoo goodly Titles to that of king, makes me to finde all eaſie and honourable. After this the King and Parliament ſet forth divers qqGen. Hiſt. of France, p. 1009, 1022, 1023, 1124, 1154, 1156, 1157.Edicts, againſt the tranſportation of Gold and Silver, the wearing of Gold & Silver, exceſſiveuſurie, Advocates extortions, Duels, Bankrupts, and the like. This rrGen. Hiſt. of Fr. p. 1173, 1174, 1200.Martiall King being murthered by Ravillac, as aforeſaid, the Crowne deſcended to Lewes his Sonne, not then ten years old: The Court of Parliament at Paris having notice of his death, made this Decree in Parliament, May 14. Anno 1610. Whereas the Kings Attorney Generall hath informed the Court of Parliament, and all the Chambers thereof aſſembled, that the King being now murthered by a moſt cruell, inhumane and deteſtable Paricide, committed upon his moſt ſacred Perſon, it were very neceſſary to provide for the affairs of the preſent King, and for his Eſtate, and hath required that there be preſent order given concerning the ſervice and good of his Eſtate, which cannot be well governed by the Queen, during the minoritie of the King her ſonne; and that it would pleaſe the ſaid Court to declare her Regent, that the affairs of the Kingdome may be governed by her: Whereupon having conſulted, THE COVRT HATH DECLARED AND DOTH DECLARE THE QVEEN (mother to the King) REGENT OF FRANCE, for the governing of the State, during the minoritie of her ſonne, with all power and authoritie. The next day the King himſelf ſitting in the Seat of Iuſtice in Parliament, by the advice of the Princes of his blood, Prelates, Dukes, Peers and Officers of the Crown, according to the Decree made by the Court of Parliament, declared and did declare the Queen his Mother Regent in France, and to have the care of bringing up his Perſon, and the Government of the affairs of his Kingdome during his minoritie; commanding the Edict to be enrolled and publiſhed in all the Bayliweeks, Seneſcauſhes, and other juriſdictions depending upon the ſaid Court of Parliament, and in all other Parliaments of the Realme; ſo that the Queene Mother was ſetled in the Regency by the Parliament and whole State of France. After which ſſGen. Hiſt. France, p. 1207.Paſquier, Counſellor and Maſter of Requeſts, writ her a large Letter touching the Government of the State, wherein he informed her, That ſhe muſt not forbear to aſſemble the Eſtates, for the reaſon that ſome would ſuggeſt unto her, that they will be ſome blemiſh to her greatneſſe; it is quite contrary: The Eſtates having confirmed it by publike authoritie, will ſettle it fully. Commonly the Eſtates aſſemble to provide for the preſent and future complaints of the generall of this Monarchy, and to reduce things to their ancient courſe; the people being the foundation whereon this Realm is built, and the which being ruined, it is impoſſible it ſhould ſubſiſt: take away theſe new Edicts, Impoſitions and Subſidies: it is better to gratifie a people, than to intreat them p. 44roughly. Above all things beware that you follow not your own opinion alone, in managing the affaires of the Realme. Hereupon four and fifty Edicts and Commiſſions were revoked, wherewith the Subjects had been oppreſſed.ttThe continuation of the life of Lewes the thirteenth, p. 2. … 7. When the King was to be Crowned, the Prelates made this requeſt to him at the Altar before his Coronation; We pray and require that you would grant unto every one of us, and the Churches whereof we have the charge, the Canonicall priviledges, good lawes, and juſtice; and that you will defend us, as a king ought all his Biſhops and their Churches. Whereunto the king anſwered; I promiſe to preſerve you in your Canonicall priviledges, as alſo your Churches; and that I WILL GIVE YOV (in the future) GOOD LAWS, and do you Iuſtice, and will defend you, by the help of God, according to my power; as a king in his Realm OVGHT TO DO IN RIGHT AND REASON, to his Biſhops and their Churches. After which having been acknowledged their lawfull Prince, BY A GENERALL CONSENT OF ALL THE ORDERS, the Cardinall of Ioyeuſe preſented unto him the Oath of the Kingdome, (the ſacred Bond of the fundamentall Lawes of the State) the which he took publikely in theſe words, with invocation of the Name of God, having his hand upon the Goſpell, which he kiſſed with great reverence.

I promiſe in the Name of Ieſus Chriſt, theſe things to the Chriſtians ſubject unto me; Firſt, I will endeavour that the Chriſtian people ſhall live peaceably within the Church of God: Moreover, I will provide, that in all vocations, theft, and all iniquitie ſhall ceaſe: Beſides, I will command, that in all judgements equitie and mercy ſhall take place; to the end that God, who is gentle and mercifull, may have mercy both on you and me. Furthermore, I will ſeek by all means in good ſaith to chaſe out of my Iuriſdiction and the Lands of my ſubjection, all Hereticks denounced by the Church; promiſing by Oath to obſerve all that hath been ſaid: So help me God, and this holy Evangell.

After this uuIbid. p. 95 26. 29. 30. 31. 46. 49. 50. 74. 75Bellarmines Book of the Popes power in temporall cauſes, Becanus, and Scoppius Books, Marianaes Book de Rege & Regis inſtatutione, Suarez his Book, with others, which taught, That the Pope was above Kings in temporall things, and that it was lawfull for private ſubjects by the Popes authoritie to murther kings that were Heretikes, and that the murthers of Henry the third and fourth, by Chaſtle and Ravillac were lawfull and commendable; were prohibited and condemned to be burnt by Edicts of Parliament.

xxIbid p. 17. 18 24.Anno 1611. the Reformed Churches of France, at their generall Aſſembly at Samure by the Kings permiſſion, made a generall Vnion, which they did ſwear to keep inviolably for the good, quiet, and advancement of the ſaid Churches, the ſervice of the King, and Queen Regent, and preſervation of the Eſtate; and appointed ſix Deputies therein, for the diſpatch of all their affaires, yyIbid p. 59. to 120.Anno 1614. the Prince of Conde with divers other Princes, Dukes, Peer, Noblemen, and Officers of the Crowne retinued from the Court in diſcontent, and meeting at Meziers, writ ſeverall Letters to the Queen, Parliament, and others, complaining therein of divers grievances and diſorders in the government, which they deſired might be redreſſed, by ſummoning a generall Aſſembly of the three Eſtates to be free and ſafe, to be held within three moneths at the furtheſt, proteſting, that they deſired nothing but peace and the good of p. 45the Realme, that they would not attempt any thing to the contrary, unleſſe by the raſh reſolution of their enemies, (who covered themſelves with the Cloke of State under the Queene Regents authority) they ſhould be provoked to repell the injuries done unto the King and State BY A NATVRALL, IVST AND NECESSARY DEFENCE. After which with much adoe Articles of Peace were concluded on at Saint Manehold, between the King, Queen Regent, and theſe Nobles; wherein it was among other things accorded, That the generall Eſtates of the Realme ſhould be aſſembled at Sens by the four and 20. day of Auguſt, in which the Deputies of the three Eſtates, may with all libertie propound what ſoever they ſhall think in their conſciences to be for the good of the Realme and caſe of the ſubject; that thereby the King with the advice of the Princes & Eſtates might make ſome good Laws and Ordinances to contain every man in his dutie, to fortifie the Lawes and Edicts made for the preſervation of the publike tranquilitie, and to reforme the diſorders which may give juſt occaſion of complaint and diſcontent to his good ſubjects: That the Kings Mariage with Spaine, formerly concluded on, ſhould be reſpited and not proceeded in during his minority: that all Gariſons put into any places of the Realme by reaſon of the preſent motions, ſhould be diſcharged that Letters Patents be directed to all Courts of Parliament to be verefied, by which his Majeſtie ſhall declare, that the ſaid Princes, Nobles, and others of what quality and condition ſoever, which have followed and aſſisted them in theſe alterations, had no bad intentions againſt his ſervice, with all clauſes neceſſary for their ſafeties and diſcharges, that they may not be called in queſtion hereafter, and that they ſhall be reſtored to their Offices, Eſtates and Dignities, to enjoy them as they had formerly done. And in like manner his Majeſtie ſhall write to all Princes, Eſtates, and Commonwealths allied to the Crowne, and men of qualitie ſhall be ſent expreſly to them, to let them underſtand what he had found concerning the innocency and good intention of the ſaid Princes, Officers, and Nobles. After which the three Eſtates were publiſhed, Deputies elected; and the King (by his Councel and Parliament of Paris) was declared of full age, according to a fundamentall Law made by Charles the fift, ratified by the Court of Parliament: That the Kings of France, having attained the full age of thirteene years, and entring into the fourteenth, they ſhould take upon them the Soveraigne Government of the Eſtate: Whereupon the Queen Mother in the Parliament reſignes the Regency and reignes of the Empire into his hands. After which the three Eſtates aſſembling aboliſhed the ſale of all offices of judicature, and others which tend to the oppreſſion and ruine of the People, ſuppreſſe Duels; the Commons and Deputies of the three Eſtates preſent a Petition of all their grievances to the King, conſiſting of ſeverall natures, and pray redreſſe: And for the ſecuring of the Kings Crowne and perſon againſt the Popes uſurpations and attempts, they deſired, that it ſhould be declared by the ſaid Estates, and ſet down as a fundamentall Law, That the King did not hold his Realme of any but God and his ſword, and that he is not ſubject to any ſuperiour power upon earth for his temporall eſtates, and that no Book ſhould be printed containing any Doctrine againſt the perſon of Kings touching the queſtion too much debated by preſumptuous men, whether it be lawfull to kill Kings? The Clergy of France except againſt this Article, as a point of doctrine and conſcience (not of State policie, as the Commons pretended, fit onelyonly for the Clergies determination, not the Commons or three Eſtates,) as a means to ingender a ſchiſme and offend the Pope, and after much debate prevail and ſuppreſſe it: In fine, after many debates the three Eſtates brake up without any great redreſſe p. 46of their grievances, or full anſwer to their Petitions, which was defaced: hereupon the Parliament at Paris the ſeven and twentieth day of March, 1615. decreed, under the Kings good pleaſure, That the Princes, Dukes, Peers, and Officers of the Crowne, having place and deliberate voyce therein, being then in the Citie, ſhould be invited to come into the Court, there (with the Chancellour and all the Chambers aſſembled) to adviſe upon the propoſitions which ſhould be made for the kings ſervice, the eaſe of his ſubjects, and good of his eſtate, and to draw up a Remonſtrance to this affect. Some Court Paraſites preſently acquaint the King and Queen Mother with this Decree; as if it were an apparent enterprize againſt the Kings Authoritie, and did touch the Queens Regency which they would controll; and objections are made againſt it in Councell, whereupon the Parliament are ſent for to the Court ſeverall times, and ordered to revoke this Decree; they excuſe and juſtifie it, then draw up a Remonſtrance to the king, conſiſting of many Heads; wherein among others they affirme, That the Parliament of Paris was borne with the State of France, and holds place in Councell with Princes and Barons, which in all ages was near to the Kings perſon. That it had alwayes dealt in publike affairs: that ſome Kings which had not liked of the Remonſtrances of the Parliament at Paris, did afterwards witneſſe their griefe. That Popes, Emperours, Kings, and Princes had voluntarily ſubmitted their controverſies to the judgement of the Parliament of Paris, &c. To which I ſhall adde ſome paſſages out of Andrew Favine,zzLib. 2. c. 12. p. 179. to 187. in his Theater of Honour, touching the dignitie, power, and honour of the Parliaments of France: In the Regiſter of the Acts of Parliament, beginning, 1368. there is one dated the twenty ſeventh of Iune 1369. for matter of murder and aſſaſſinate committed on the perſon of Maſter Emery Doll, Councellor of the ſaid Parliament; whereby it was approved, That it was a crime of High Treaſon, to kill a Councellor of Parliament. And in Anno 1475. on the eleventh day of November, Mounſeir the Chancellor came to advertiſe the Court for going to hear the confeſſion of the Conſtable of Saint Paul, to whom for his rebellions and diſobediences king Lewes the eleventh directed his Proceſſe. And the ſaid Parliament, declared, That there was not a Lord in the Kingdome ſo great, except the King and Mounſiour le Daulphine, but ought to come and appear at the ſaid Parliament in perſon, when it was ordained for him. And this is witneſſed by a Lyon abaſing his tail between his Legs, exalted over the gate and entrance of the great Chamber, by the Parquet des Huiſiers thereof. So that by this illuſtrious and Soveraigne Parliament are ordered and determined the principall affairs of the kingdom. And in Anno 1482. the ſecond day of Aprill, king Lewes the eleventh, ſent unto the Parliament the Oath which he took at his ſacring, exhorting the ſaid Parliament to performe good juſtice, according as the King had promiſed to doe by his ſaid Oath, which he purpoſed to keep; and the Oath is there Regiſtred downe. The Parliaments of France are Oaks with exalted Heads, under whoſe Branches the people are covered from the very ſtrongeſt violencies, which conſtraineth them to yeeld obedience to their Prince: But when Princes (by bad councell) miſprize the authoritie of them whereof they ought to be zealous defenders, as being exalted to the Royall dignity, to rule and governe their Subjects by juſtice, they cut off the right hand from the left: If they refuſe the holy Remonſtrances of their Parliaments under color that they are not to meddle with affairs of State, Note.but onelyonly with the Act of juſtice, and lend a deaf ear when they are advertiſed of evill Government, it is an aſſured Pronoſtick, p. 47forewarning of the entire decadence of the Kingdome. Strange and forraigne Princes have ſought and ſubmitted themſelves to the judgement of their Parliament, even in their affairs of greateſt importance. The Chronicle of Laureſhime, under the year 803. (followed by the Monk Aimonius in the fourth Book of his Hiſtory of France) reporteth, that king Lewes the Debonnaire, holding his Parliament in May, there came thither from ſtrange Provinces, two Brethren, kings of Ʋvilſes, who with frank and free good will ſubmitted themſelves to the judgement of the ſaid Parliament, to which of them the Kingdom ſhould belong: Now albeit the cuſtom of the ſaid kingdom adjudged the Crown to the eldeſt, according to the right of Prerogative allowed and practiſed by the Law of Nature, and of late memory in the perſon of the laſt dead king Liubus father commune to theſe two contendants; yet notwithſtanding in regard of the ſubjects univerſall conſent of the Kingdom, who (for the cowardiſe and want of government in the Elder) had given the Crowne to the Younger, for valliancie and diſcreet carriage; by ſentence the Kingdom was adjudged to him: and the Eldeſt did him homage, with Oath of allegiance, in the ſaid Parliament. Under the third Ligne, in the reign of Philip Auguſtus, Pope Innocent the third, and the Emperour Otho the fourth, being in variance for the forme and tearms of the Oath of fidelity with the ſaid Emperour ſhould make to the Pope; they referred it to the judgement of king Philip in his Parliament, furniſhed with Peers. Otho made ſome exception concerning the forme and terms of the Oath; And not being able to agree of themſelves, both parties ſubmitted to the judgement of king Philip Auguſtus and of his Court of Parliament, furniſhed with Peeres: So that by order given at Melum in Iuly, 1204. the form of the ſaid Oath was preſcribed, and regiſtred in the Parliament Regiſter, at requeſt of the ſaid parties, and ſent unto Otho to render it to the ſaid Pope Innocent, who ſent this aſſurance and Certificate to the ſaid Parliament for Regiſtring it, being performed.

Innocentius Epiſcopus, ſervus ſervorum Dei, chariſſimo filio noſtro Philippo Francorum Regi chariſſimo, ſalutem, & Apoſtolicam benedictionem; abſque dubitatione noveritis, quod ſecundum formam a vobis & Curiae Regni vestri paribus praeſcriptam, habetur apud nos juſjurandum chariſſimi Filii noſtri Othonis Romanorum Regis illuſtris aurea Bulla munitum, nobis & Eccleſiae praeſtitum.

Ego Otho Romanorum Rex & ſemper Auguſtus, tibi Domino meo Innocentio Papae, & Eccleſiae Romanae ſpondeo, polliceor, & juro, quod omnes poſſeſſiones, honores, & jura Romanae Eccleſiae, propoſſe meo, bona fide protegam, & ipſam ad eas retinendas bona fide juvabo. Quas autem nondum recuperavit adjutor ero ad recuperandum, & recuperatarum, ſecundum poſſe meum, ero fine fraude defenſor; & quaecunque and manus meas devenient, ſine difficultate reſtituere procurabo. Ad hanc autem pertinent tota terra quae eſt de Radicafano, uſque ad Ceperanum, Exarcatus Ravennae, Pentapolis, Marchiae, Ducatus Spoletanus, terra Conitiſſae Mathildis, Comitatus Bricenorij cum alijs adjacentibus terris expreſſis in multis privilegijs Imperatorum, à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI. Has omnes pro poſſe meo reſtituam, & quietè dimittam, cum omne juriſdictione, diſtrictu, & honore ſuo. Veruntamen cum adrecipiendam Coronam Imperij, vel pro neceſſitatibus Eccleſiae Romanae ab Apoſtolica ſede vocatus acceſſero, demandato ſummi Pontificis ab illis terris p. 48praeſtationes accipiam. Praetere… adjutor ero ad retinendum & defendendum Eccleſiae Romanae REGMVM SICILIAE. Tibi etiam Domino meo Innocentio Papae & Succeſſoribus tuis omnem obedientiam & honorificentiam exhibeo, quam devoti & Catholi… Imperatores conſueverunt Sedi Apoſtolicae exhibere. Stabo etiam ad conſilium & arbitrium tuum de bonis conſuetudinibus populo Romano ſervandis & exhibendis, & de negotio Tuſciae & Lombardiae. Et ſi propter negotium meum Romanam Eccleſiam oportuerit in…urrere guerram, ſubeniam ei ſicut neceſſitas poſtulaverit in expenſis. Omnia vero praedicta tam juramento, quam ſcripto firmaho, cum Imper… Coronam adeptus fuero. Actum Aquis-Grant Anno Incarnationis Dominicae Milleſſimo Ducenteſſimo Quinto, menſe Marcij, Regni noſtri ſeptimo.

William Riſhanger Monk in the Abbey of Saint Albane in England, continuer or the Hiſtory of Matthew Parts, obſerveth under the year 1263. that the king of England, Henry the third, and the Barons of England, who made warreupon him, committed their whole difference and quarrell to be judged by the Parliament of France; Ʋt pax reformaretur inter Regem Angliae & Barones ventum eſt adiſtud, ut Rex & proceres ſe ſubmitterent ordinationi Parliamenti Regis Franc…ae (in the time of Saint Lewis) in praemiſſis proviſionibus Oxoniae. Nec non pro depraedationibus & damnis utrobique illatis. Igitur in craſtino S. Vincentij, congregato Ambianis populo pene innumerabili, Rex Franciae Ludovicus coram Epiſcopis & Comitibus, alijſque Francorum proceribus ſolemniter dixit ſententiam pro Rege Angliae, contra Barones ſtatutis Oxoniae proviſionibus, ordinationibus, ac obligationibus penitus annullatis. Hoc excepto, quod antiquae Chartae Joannis Regis Angliae univerſitati conceſſae per illam ſententiam in nullo intendebat penitus derogare. In this Parliament at Amiens were preſent the King of England, Henry the third, Queen Elenor his wife, Boniface Archbiſhop of Canterbury, Peter Biſhop of Hereford, and Iohn Maunſell; and on the Barons of Englands ſide a very great number of choice elected Lords; who the ſame year repaſted back into England after the Parliament, as the ſame Monk ſpeaketh. Thus Favino in the behalfe of the French Parliaments, concerning whoſe power and priviledges you may read much more in him and others.

But to returne to the former Hiſtory. aaContinuation of the Gen. Hiſt. of France, p 13 to 150.The Queen Mother was much diſcontented with this Remonſtrance of the Parliament, pretending that they had an intent to call her Regency in queſtion, which all had commended; that they could not ſpeak of the Government of the affaires of the Realm, without touching her, &c. Whereupon ſhe commanded the Chancellour to give them this anſwer in the kings name: That France was a Monarchy wherein the king alone commanded, helding his Realm Soveraignly from God; That he had Lawes and Ordinances by which to governe them, for the which he was not to give an account to any man; That it did not belong unto the Parliament to controll his Government; That they neither could nor ought to complain of the Queens Regen… which had been ſo happy; That the Queen was not to give an account of her Regency, but to God onelyonly; That no man could preſcribe unto the King what Councellers he ſhould entertain, &c. with many other ſuch bigge words. After which there was a Decree made in the Councell of State against the Decree and Remonſtrance in Parliament, diſanulling and revoking them as void, and forbidding the Parliament hereafter to meddle with affairs of State. The Court of Parliament in generall complained p. 49much of this Decree; the kings learned Councell refuſe to carry, or cauſe it to be read in Parliament, becauſe it would cauſe an alteration of the good affections and devotions of the Kings good ſubjects, and the diſ-union of the greateſt companies of the Realme, who adminiſter juſtice, which makes kings to Reigne: After which this controverſie was compremiſed, and the Decree of the Councell againſt the Parliament ſuſpended, and not enrolled. Soon after the prince of Conde, with divers others, ſeeing all things diſordered at Court, and little or no reformation of their former grievances, deſert Paris, expreſſeſſe their grievances in ſundry letters and Articles of complaint, wherein they complain of the want of freedom and redreſſe of their grievances preſented in the laſt aſſembly of the three Eſtates; of the Decree and proceedings against the Iuriſdiction, Remonſtrance and proceedings of the Parliament of Paris; Of ſuffering ſome Councellors of State to uſurpe all the power of the Kingdom, to pervert the Lawes, and change all things as they liſt; with ſundry other particulars: In theſe they intreat and exhort all men of what condition or quality ſoever, that call themſelves Frenchmen, to aſſiſt and ayde them in SO IVST A CAVSE; conjuring all Princes and forraign Estates to do the like, and not to ſuffer ſuch good and loyall ſubjects to be ſuppreſt by ſuch a conſpiracie. VponUpon this the king and Q. Mother, through adviſe of theſe ill Counſellors, raiſe an Army, declare theſe Princes and Nobles, Rebels and Traitors, if they ſubmit not by a day: whereupon they Arm, raiſe Forces in their own & the publikes defence, and being at Noyon, concluded, That as their Armes were levyed for the maintenance of the Crown, ſo they ſhould be maintained by it; to the which end they ſeized on the kings Rents and Revenues in ſundry places. Mean while the Proteſtants being aſſembled in a generall Synod at Grenoble, Marſh. Deſdiguires makes an Oration to them, to diſſwade them from oppoſing the mariage with Spain; wherein he hath this memorable paſſage to juſtifie the lawfulneſſe of a neceſſary defenſive war for the preſervation of Religion and Liberties: We have leiſure to ſee the ſtorme come, and to prepare for our own preſervation: Finally, having continued conſtant in our Duties, if they ſeek to deprive us of our Religion, and to take that from us wherein our libertie and ſafetie depends, purchaſed by the blood of our Fathers and our own, and granted unto us by that great King Henry the fourth, the reſtorer of France; we ſhall enter into this comerce full of juſtice and true zeale, finde againe in our breaſts the courage and vertue of our Anceſtors: We ſhall be ſupported IN OVR JVST DEFENCE by all good Frenchmen, aſſiſted by all Princes and Eſtates which love the true Religion, or the good of this State; and in a word, we ſhall be favoured of the bleſſings of God, whereof we have hitherto had good experience in our Arms, and which will be to the glory of his Name, and the ſpirituall advancement of our Churches. After which the Duke of Rhoan and Proteſtants, in defence of their Religion and Liberties, joyn with the Princes and Nobles: At laſt both ſides came to Articles of agreement made at Luudun, Anno 1616. whereof theſe were a parcell, That the grievances of the generall State ſhould be ſpeedily anſwered; That Soveraign Courts ſhould be preſerved in their authority, and the Remonſtrances of the Parliament and Peers conſidered of; That ſuch as had been put from their Offices, ſhould be reſtored; That all moneys they had taken out of the kings Revenues, ſhould be diſcharged; All Edicts of pacification granted to them of the Reformed Religion, obſerved; The prince of Conde and all thoſe of either Religion, who had aſſiſted him in this war, held for the Kings good and loyall ſubjects; all illegall Impoſts removed; and all priſoners taken on either ſide, ſet at liberty. Anno 1617. the King and Queene Mother p. 50ſeizing upon the Prince of Conde his perſon, and ſending him to the Baſtile, upon falſe pretences of diſloyaltie and treaſon, cauſed new inſurrections, warres, and tumults; and the Princes hereupon meeting at Soyſſons, reſolved to make open war, to ſeize on the Kings Revenues, and to fortifie thoſe Towns and Caſtles which they held in their Government; which they executed; and withall ſet forth a Remonſtrance of their grievances unto the king, complaining eſpecially againſt the Marſhall of Ancre and his Wife, with their adheronts, who were the cauſes of all their miſeries; who having drawn unto himſelfe the whole adminiſtration of the Realme, made himſelfe master of the Kings Councels, Armies, and Forts; thereby ſuppreſt the lawfull libertie and Remonſtrances of the Parliament, cauſed the chief Officers to be impriſoned, and was the cauſe of the violence done to the Prince of …onde, firſt Prince of the Blood: To the end therefore that they might not be reproached to have been ſo little affected to his Majeſtie, ſo ungratefull to their Countrey, and ſo unfaithfull to themſelves and their poſterity, as to hold their peace, ſeeing the prodigious favour and power of this ſtranger; they beſeech his Majeſtie to provide by convenient means for the diſorders of the Eſtate, and to cauſe the Treaty of Loudun to be obſerved, and to call unto his Councels the Princes of the Blood, with other Princes, Dukes, Peers, ancient Officers of the Crowne and Councellors of State, whom the deceaſed King had imployed during his reigne. Withall they publiſh a ſolemne Declaration and Proteſtation, for the reſtoring of the Kings authority, and preſervation of the Realme. againſt the conſpiracie and tyrannie of the Marſhall of Ancre, and his adherents: Who finding no ſafetie in the ſettling of juſtice, reſolved to make triall of his power, by violating the publike faith, thereby to plunge the Realme into new combuſtions, conſpiring to deſtroy the princes of the blood, of Peers, and chiefe Officers of the Crowne, and to oppreſſe them altogether, with the State, who might be an obſtacle to his ambitious deſignes. To which end he raiſed falſe accuſations againſt them, as if they meant to attempt the Kings and Queen Mothers perſons; and cauſed the King to go in perſon to his Court of Parliament to publiſh a Declaration, whereby they were declared guilty of Treaſon; though at laſt being better informed, he declared them to be his good Subjects, and cauſed De Ancre to be ſuddenly ſlain in the Louure, and his Wife to be legally condemned and executed: VponUpon which the new Councellors and Officers advanced by him, were removed, the old reſtored, the Princes reconciled to the King, and by him declared for his good and loyall ſubjects: VponUpon which followed a generall aſſembly of the Eſtates, wherein divers grievances were propounded, and ſome redreſſed; the King therein craving their advice for the ſetling and ordering of his Privie Councell.bbIbid. p. 220. 3… 306. Anno 1620. there happen differences between the King and Queen Mother, who fortified Towns, and raiſed an Army againſt the king; at laſt they came to an agreement, and were reconciled. The two following years were ſpent in bloody civill warres betweene the King and thoſe of the Religion, who avowed their defenſive warres lawfull; which at laſt concluded in peace: that laſted not long, but brake out into new flames of war, by reaſon of the great Cardinall Richelieu, who of late years ccSee the Synopſis of his life.proved the greateſt Tyrant and Oppreſſour that France ever bred, reducing both Nobles, Gentlemen, and Peaſants into abſolute ſlavery and vaſſallage, to make the King an abſolute Monarch of France, and himſelfe both Pope and Monarch of the world: But he lately dying by the of Divine Iuſtice of filthy Vicers and Diſeaſes, and the King ſince being (ſome ſay) poyſoned by the Ieſuites, who murthered his two immediate Predeceſſors: wiſe men conjecture the p. 51French will now at laſt revive and regain their ancient, juſt, hereditary freedom, rights Liberties, and caſt of that inſupportable yoke of bondage under which they have been oppreſſed for ſundry years, and almoſt brought to utter deſolation.

I have the longer inſiſted on theſe Hiſtories of the Kings and Kingdom of Frances (which clearly demonſtrate the Realm, Parliament and three Eſtates of France to be the Soveraigne Power in that Kingdom in ſome ſort, paramount their kings them ſelves, who are no abſolute Monarchs, nor exempted from the Laws, juriſdiction, reſtraints, cenſures of their Kingdom and Eſtates aſſembled, as ſome falſly averre they are) becauſe our Royaliſts and Court Doctors parallell England with France, making both of them abſolute Monarchies; and our greateſt malignant Councellors chiefe Deſigne hath been to reduce the Government of England to the late modell and new arbitrary proceedings of France; which how pernicious they have proved to that unfortunate Realm, what infinite diſtructive civill warres and combuſtions they have produced, and to what unhappy tragicall deaths they have brought divers of their Kings, Princes, Nobles, and thouſands of their people, the premiſſes & other Storyes, will ſo far diſcover, as to cauſe all prudent Kings and Stateſmen, to ſteer the Helme of our own and other Kingdoms by a more ſafe, ſteddy, and fortunate compaſſe. Thus I have done with France, and ſhall recompence any prolixity in it, with greater brevity in other Kingdoms, when I have overpaſſed Spain.

From France I ſhall next ſteer my courſe to the Kingdomes and Kings of Spaine, whom Iacobus Ʋaldeſius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hiſpaniae printed at Granado, 1602. profeſſedly under takes to prove, to be of greater dignity, and to have the Precedency of the Kings and Kingdoms of France, which **Catalogue Gloriae mundi, pars. 5. Conſid. 29, 30. Andrew Favine Theatre of Honour, l 2. c. 12. See Caemillus Barellus de Regis Catholici Praeſtantia, &c Generall Hiſt. of France, p 90….Caſſanaeus and all French Advocates peremptorily deny. The firſt Kings of Spain, over-run by the Goths and Wiſigoths, are thoſe their Writers call the Gothiſh Kings, who as Michael Ritius de Regibus Hiſpaniae, L. 1, & 2. Iohannis Mariana de rebus Hiſpaniae, L. 2, 3. the Generall Hiſtory of Spain, and othes affirme, were elected by, and had their authority from the people: You may reade their lives and ſucceſſions at large in theſe Authors, and finde ddSee Ioannis Mariana de Rege & Regis, Iuſtit. l. …. c. 3. p. 33. Hieron. Blanca Rerum Arag Comment. See concil. Toletanum. 8. Surius, Con. T. 2. p …64. …65.ſome of there diſ-inherited and depoſed by their ſubjects, others of them in ward during their minorities to ſuch as the State appointed; others murdered, but all of them ſubject to the Lawes of their Realms, as it is evident by the expreſſe ancient Law of the Wiſigoths, having this Title; eeIoannis Piſtorius Hiſpaniae illuſtratae Tom. 3. Leges Wiſigothorum, L. 2. c. 2 p. 859.Quod tam Regia poteſtas quam populorum univerſitas Legum reverentiae ſit ſubjecta; by other lawes thereto annexed, by Iohannis Mariana De Rege & Regis inſtitutione, L. 1. c. 9.ffIacobus Valdeſius de dignitate Regum, Regnorum que Hiſpaia▪ pars. 1. c. 11. p. 135. Michael Ritius de Regibus Hiſp. l. 2. Gen. Hiſt. of Spain, …6. p. 168, 169. Thoſe whom they properly call Kings of Spain, had their royall authority derived to them, conferred on them by the people; upon this occaſion. Spain, being a Provinceſubject to the Roman Empire, was ſpoyled, over-runne and poſſeſſed by the barbarous Moors for many years; in which time the Spanyards oft ſolicited the Roman Emperours for ayde to expell the Moors, but could gain none. Whereupon to free themſelves and their Countrey from ſlavery, they choſe one Pelagius for their Captain, by whoſe valour they conquered the Moors, and thereupon by unanimous conſent Elected and Crowned Pelagius King of Oviedo, whom the Spaniſh Writers mention as the firſt King of Spain: And this their deſertion by the Emperours, the Spaniſh Writers generally hold (and (g) Iacobus Valdeſius proves it largely) to be a ſufficient lawfull ground for the Spanyards; even by the generall law of Nations, to caſt off their ſubjection to the Roman Empire, and to elect a King, erect a Kingdom of their p. 52own, exempt from all ſubjection to the Emperor, ſince they purchaſed their own libertie and Countrey from the Gothes by conqueſt, of themſelves alone without any aide or aſſiſtance from the Roman Emperours, to whom (for this reaſon) they hold themſelves and their Kingdom no wayes ſubject; yet for all this they deem their Kings inferiour to their whole Kingdoms, and cenſurable, yea depoſable by them, as is cleer by the hh… p. 879. 810.forecited paſſage of the Biſhop of Burgen, (Ambaſſadour to the King of Spain, in the Councell of Baſill, and by Johannis Mariana the Jeſuites Book, de Rege & Regis Inſtitution, dedicated to Philip the third, King of Spain, printed at Madrit in Spain, by this Kings own speciall priviledge, Dated at Madrit, January 25. 1599. and after this reprinted at Mentz in Germany, Anno 1605. Cum privilegio ſacrae Caeſariae Majeſtatis, (to wit, of the Emperour Radulph the ſecond) & permiſſu Superiorum; who certainly would not thus ſpecially approve, authorize this Book for the Preſſe, had it maintained any Poſitions contrary to the Laws, or derogatory to the Prerogative Royall of the Crownes and Kingdoms of Spain, though other States cannot ſo well digeſt it. In this very Book the Authour (who hath likewiſe written a large Hiſtory of the affaires and Kings of Spain) profeſſedly maintains (in a ſpeciall iiLib. 1. De Regum, Inſtit. cap. 8. p. 68, &c.Chapter, wherein he debates this Queſtion, Whether the power of the Republike, or King be greater?) That the whole Kingdom, State and People in every lawfull Kingdom, and in Spain it ſelfe, are of greater power and authority then the King: His reaſons (which I have for brevity digeſted into number in his own words) are theſe: Firſt, becauſe all Royall Power that is lawfull, hath its originall from the People, by whoſe grant the firſt Kings in every Republike were placed in their Royall Authoritie; which they circumſcribed with certain laws and ſanctions, leſt it ſhould too much exalt it ſelfe to the diſtruction of the Subjects, and degenerate into a Tyrannie. This appears in the Lacedaemonians long ſince, who committed onelyonly the care of Warre and procuration of holy things to the King, as Ariſtotle Writes. Alſo by a later example of the Aragonians in Spain, who being incited with an earneſt endeavour of defending their libertie, and not ignorant how the hights of Libertie are much diminiſhed from ſmall beginnings, created a middle Magiſtrate, like the Tribunall power (commonly called at this time Aragoniae Iuſtitia, the Juſtice of Aragon) who armed with the lawes, authoritie and endeavours of the people, hath hitherto held the Royall Power included within certain bounds; and it was ſpecially given to the Nobles, that there might be no colluſion, if at any time having communicated their counſell among themſelves, they ſhould keep aſſemblies without the Kings privity, to defend their Lawes and Liberties. In theſe Nations, and thoſe who are like them, no man will doubt, but that the authoritie of the Republike is greater then the Kings. Secondly, becauſe in other Provinces where the people have leſſer and the Kings more power, and all grant the King to be the Rector and ſupream Head of the Commonwealth, and to have ſupream authoritie in managing things in times of warre or peace; yet there the whole Commonwealth and thoſe who repreſent it, being choſen out of all Eſtates, and meeting together in one place, (or Parliament) are of greater power to command and deny, than the King, which is proved by experience in Spain, where the King can impoſe no Taxes, nor enact no Laws if the people diſſent or approve them not: Yea, let the King uſe art, propound rewards to the Citizens, ſometimes ſpeak by threats to draw others to conſent to him, ſolicite with words, hopes, and promiſes, (which whether it may be well done we dispute not:) yet if they ſhall reſist, their judgement ſhall be preferred and ratified before the Kings will. Thirdly, becauſe when the King dies without Iſſue or Heir, the Kingdom and people, not the Prince p. 53deceaſed, ought to chuſe the ſucceding King out of another Family. Fourthly, becauſe if the King vexe the Republike with his evill manners, and degenerate into an open tyrannie, the ſame Commonwealth may reſtrain him, yea, deprive him of the Principalitie, and of his life to, if need be; which it could not do unleſſe it were of greater Power then the King. Fiftly, becauſe it is not likely that the whole Kingdom and Common-weal would ever ſtrip themſelves of all Power and Authority, and transfer it to another, without exception, without counſell and reaſon, when they had no neceſſitie to do it, that ſo the Prince ſubject to corruption and wickedneſſe, might have greater Power then they all, and the Iſſue be more excellent then the Father, the River than the Spring (the Creature than the Creator of it:) And although perchance it be in the pleaſure of the Commonweal to take away the plenary Power from it ſelf and give it to the Prince, yet the Commonwealth ſhould do unwiſely to give it, and the Prince raſhly to receive it; by which the ſubjects, of Free men ſhould become Slaves, and the Principalitie given for their ſafetie, ſhould degenerate into a Tyrannie, which then onelyonly is Regall, if it contain it ſelf within the bounds of modeſty and med…critie; which Power whiles ſome unwiſely labour daily to augment, they diminiſh and utterly corrupt it, that Power being onelyonly ſafe which puts a meaſure to its ſtrength; for a Prince ought to rule over thoſe who are willing, to gain the love of his ſubjects, and ſeek their welfare; which Power if it grows grievous, takes the King off his peoples love, and turns his power into weakneſſe: Which he proves by the forecited Saying of Theopompus: For Princes who impoſe a Bridle on this greatneſſe, more eaſily govern themſelves, it, and their ſubjects; whereas thoſe who forget humanity and modeſtie, the higher they climb, the grea…er is their fall: This danger our Anceſtours, wiſe men, conſidering how they might keep their Kings within the limits of mediocrity and modeſty; ſo as not to lift up themſelves with overmuch power, to the Publike prejudice, have enacted many things wiſely and excellently; among others, this, That nothing of great moment ſhould be decreed without the conſent of the Peers and people; and to that end they had a cuſtom to aſſemble Parliaments choſen out of all orders of men, as Prelates, Lords, and Burgeſſes of Cities;Note. which cuſtom at this time is ſtill retained in Aragon and other Provinces; and I wiſh our Princes would reſtore it: For why is it diſcontinued for the moſt part in our Nation, but that the common conſent being taken away, and Parliaments excluded, wherein the publike ſafety is contained, both publike and private affairs may be turned into the Princes pleaſure, and the luſts of a few corrupt, vicious, and voluptuous Courtiers and Paraſites may domineer and order all things. Sixtly, becauſe many great and learned men held, that the Pope of Rome, who is of greater Power then any King, is yet ſubject to the whole Church and a Generall Councell; therefore the King muſt much more be inferiour to his Kingdom. Seventhly, becauſe the whole Commonwealth hath greater ſtrength and forces than the Prince, be he never ſo great in Power; and therefore if they diſagree their Power will be greater: Yea, Ariſtotle wiſely would have the Commonweal, not onelyonly to be of greater authority, but likewiſe to have ſtronger Forces then the King; which he proves by Aristotles forceited words, by the practice of the Ancients, and thoſe of Syracuſe, who did moderate their Tyrants and Kings Guard ſo, that they might be able to over-power and maſter them upon any occaſion. How great the authoritie of our Republike and Nobilitie was in the times of our Anceſtors, I will give you but one example, and ſo conclude: Alfonſo the eight King of Caſteil beſieged Concha, a City ſeated in Rockie places, and the moſt firme Bulwark of the Moors territories on that part: wanting money to pay his ſouldiers, and thereupon proviſions failing, the King haſtens to Burgon; p. 54and in a nationall aſſembly, he demands, that becauſe the people were wearied with Taxes for ſupporting the Warre, the gentlemen would give five Muruedines a Poll to his treaſury; that this opportunitie of blotting out the name of the Mores was not to be omitted. Dieglius then Governour of Cantabria, aſſented to this Counſell, Peter Earl of Cara withſtood this motion, and gatherieg a band of Nobles, departed from the aſſembly, readily to defend with Armes the Liberty gotten by their Anceſtors with Armes and valour; affirming, that he would neither ſuffer a beginning to be made of oppreſſing and vexing the Nobilitie with new Subſidies, from this entrance or occaſion; That to ſuppreſſe the Mores was not of ſo great moment, that they ſhould ſuffer the Commonwealth to be involved in a greater ſervitude. The King moved with the danger, deſiſted from that purpoſe. The Nobles taking advice, decreed to entertain Peter with a banquet every year, as a reward to him and his Poſteritie of this good ſervice, a monument so poſterity of a thing well done, and a document that they ſhould not ſuffer the right of libertie to be diminiſhed upon any occaſion. Let it be a fixt reſolution therefore to provide for the ſafetie of the Commonwealth, for the Authority of the Prince yet ſo as to retain their royall principality in order with certain bounds and limits, and that thoſe vain talking paraſites and decevers may not ruine both, who exalt the Princes Power without meaſure, of which we may ſee a great number in Princes Courts, excelling in wealth, favour and power, which plague ſhall alwayes be accuſed and complained of, but ſhall ever be and continue. Thus Mariana, who in his next Chapter (worthy reading) proves at large by invincible arguments, kkDe Rege & Regum Inſtit. …. c. 9.That all Kings and Princes (among others the Kings of Spain) are, and ought to be bound by Laws, and are not exempted from them; that this doctrine ought to be inculcated into thy mindes of Princes from their infancy, and to be beleeved, yea oft conſidered of them; that they are more ſtrictly obliged to obſerve their Laws than ſubjects, becauſe they are ſworn to do it; they are the Conſervators of the Laws, the Avengers of thoſe that infringe them, and their examples are the beſt means to draw ſubjects to obey them. Where he again affirms, That the whole Kingdom is above the King, and may not onelyonly binde him by Lawes, but queſtion him for the breach of them. Before both theſe, in his firſt Book De Rege & Regum inſtitutione, Chap. 3, 4, 5, 6, 7. he affirms the like; adding moreover, That in many other Realms more, where the Crown is hereditary, the whole Commonwealth, not the King hath and ought to have the chief power to deſigne by a Law (which the King himſelf may not alter, but by their conſents) who ſhall be the next Heir, to avoid queſtions and commotions about the Title to the Crown: That where the Right of the Crown is in controverſie the whole Kingdom and State ought to decide the right, and ſettle it where they ſee beſt cauſe: That if the right Heir in Hereditary Kingdoms, yea in Spain, be an Ideot, Infant, Woman, or a perſon unmeet or not ſo fit to Govern… as others of the blood, he may be lawfully put from the Crown, and another of their Race lawfully ſubſtituted King in his place by the whole State, eſpecially when the good or ſafetie of the Commonwealth requires it; becauſe the ſafety of the people is the ſupremoſt Law, and what they by common conſent have Enacted onelyonly for the publike ſafetie, they may without any obſtacle alter, when things require it, by like common conſent; eſpecially, becauſe the hereditary Rights of reigning are for the moſt part made, rather by the diſſimulation of the People, not daring to reſiſt the will of former Princes, then by their certain will, and the free conſent of all the Estates: That he which is thus ſettled by conſent of all the Estates hath a juſt Title againſt the next Heir of the Blood and his Iſſue, who are put by the Crown; elſe divers Kings and Princes now reigning in Spain & elſwhere, p. 55ſhould be uſurpers and want good Titles to their crownes, they or their Anceſtor… being not the next right heires of the Royall Stock (for all which particulars he gives ſundry inſtances in the Kingdomes of Spaine) as in Berengaria, Blanch, the Mother of Lewes of France, Ferdinand, Sancho the younger ſonne of Alfonſo, Henry the Baſtard, Iohn King of Portugall, Fardinand, and Iohn the 2. of Aragon, &c. concluding. That if the King degenerate into a Tirant, by ſubverting Religion, Lawes, Liberties, oppreſſing, murthering, or deflowring his ſubjects; the whole Kingdome may not onelyonly queſtion, admoniſh, and reprehend him, but in caſe he prove incorrigible after admonition, deprive him, and ſubſtitute another in his place; which (ſaith he) hath been done more then once in Spain: Thus King Peter was publikely rejected for his cruelty to his ſubjects, and Henry his Brother (though of an unclean Mother) obtained the Crowne: ſo Henry his Nephewes Nephew for his ſlothfulneſſe and evill manners was depoſed by the Nobles ſuffrages, and Alphanſo his Brother, though but a yong child proclaimed King. After his death Elizabeth, (Henry his ſiſter) had the chiefe government of the Realme leaving Henry. And for a concluſion he addes, That ſuch a Tyrannicall King continuing incorrigible after publike admonitions of the whole State, if there be no hopes of amendment, may not onelyonly be depoſed, but put to death and murthered by the whole State, or any particular perſons by their appointment; yea without it, (a note ſomewhat above Ela) if he be declared a publike enemy by the whole state; and in caſe the whole states cannot publikely aſſemble by reaſon of ſuch a Princes knowne notorious tyranny, he writes, That then in ſuch a caſe it is lawfull for any private man to murther him, to free the Countrey and Kingdome from deſtruction. Adding, that it is a wholſome meditation for Princes to be perſwaded, that if they oppreſſe the Common-wealth, if they become intoller able thorow vices and filthineſſe,llThe generall Hiſt. of France, p. 833, 834, 1178 1179. that they live in ſuch a condition, that they may not onelyonly be ſlaine of right, but with laud and glory. Peradventure this feare …retard ſome Princes that they give not themſelves wholly to be corrupted with vices flatterers, and caſt bridles upon their fury. That which is the chiefe, let the Prince bee perſwaded, that the authority of the whole Common-wealth is greater then his, being but one, neither let him beleeve the worſt of men, affirming the contrary for to gratifie him, which is very pernicious. All theſe poſitions of Mariana (however other Kings and Kingdomes may reliſh them, eſpecially the laſt touching private Subjects, which few can approve, the Parliaments of France doing publike execution on this Book, as they had juſt cauſe, for extolling and juſtifying the barbaro…s murther of their King Henry the 3. by James Clement a Dominican Frier, l. 1. c. 6. p. 51. to 57. and juſtifying the Guiſes Rebellion) are yet authorized as Catholike and Orthodox by the most Catholike King of Spaine, and the Emperour of Germany, in whoſe Kingdomes they paſſe for currant coyne, the moſt dangerous of them being ſeconded, not onelyonly by Hieronymus Blanca in his Aragonenſium Rerum Commentariis, Iohannis Piſtorius Hiſpaniae Illuſtratae, &c. and other Spaniſh Hiſtorians collected by him, but likewiſe bymmSee Doctor Iohn White his Defence of the way, c. 6. where their words are quoted for tyranny and miſgovernment. The Gen. Hiſt. of France, p. 847 914, 915. 1179, 1180, 1181, 1182, 1183, 1190. Alvarius Pelagius, Cardinall Tolet, Capiſtranus, Dominicus Bannes, Franciſcus Victoria, Simancha Patenſis, Gregory de Valentia, Suarez, the Doctors of Salamancha, Becanus, Bellarmine, with other Spaniſh Ieſuites & Writers, who moſt heretically affirme, That even the Pope alone either with or without a Councell, for hereſie (as they deem it) and obſtinacy againſt the See of Rome, may excommunicate, cenſure, depoſe, kill, or murther any Chriſtian Princes, depoſe them from their thrones, diſpoſe of their Crownes to others at their pleaſures, abſolve their ſubjects wholly from their p. 56allegeance, and give ſubjects power to riſe up in armes againſt and murther them by open force or ſecret treachery; which Biſhop Bilſon truly affirmes to be farre more dangerous and derogatory to Princes, then to attribute ſuch a power, not to any particular perſons but to their own whole Kingdomes and Parliaments onelyonly: who being many in number, of the ſame Nation and Religion with, and having many dependances on, and many engagements by oath, duty, favours, benefits to their Princes, leſſe malice againſt them, judging onelyonly according to the fundamentall Lawes of the Realme, and former preſidents of their Anceſtors, and aiming at nothing but their Kingdomes ſafety, are like to be more juſt indifferent Iudges of their Princes action when queſtioned, then the Pope, a meer enemy and forraigner; who proceeds by no other authority, but what he hath unjuſtly uſurped from Kings, and by no other rules but his owne will, pride, malice, honour, or profit. I have thus given you an account of the Kings of Spaines ſubordination to their whole kingdomes and Lawes in point of Theſis and poſitive Doctorine approved by themſelves, profeſſed by their eminenteſt Writers, I ſhall now proceed to Hiſtoricall examples to confirme it in point of practiſe.

ooMunſt. Coſ. l. c. 20. p. 75. Roderici Arc…p. Toletani De Rebus hiſp. l 4. 2. l. 5. c. 1, 2. Gen. hiſt. of Spa. 16Ordogno the 14. king of Caſtile, ſummoned 4. Earles of Caſtile to appeare before him, who refuſed to goe to the warres againſt the Saracens, promiſing them ſafe conduct, not withſtanding he commanded them to be apprehended, impriſoned and ſlain; for which bloody Treachery thoſe of Caſtile rebelled againſt him, rejecting his government, and providing for the ſafety of them and theirs, Duos Milites, non de potentioribus, ſed de prudentioribus eligerunt, quos & Iudices ſtatuerunt, &c. They elected two prudent Knights of their owne to be their Magiſtrates and Iudges, to governe them, to manage their warres, and adminiſter juſtice to them: the one was named Flaevius Calvus, the other Nunius, ſurnamed de Raſura, whoſe Son Gondeſalvus after his Fathers death, was ſubſtituted in his place, made Generall of the Militia; (Principatum Militiae addiderunt) and his ſon after him, tam à Magnatibus & Militibus, quàm AB ƲNIVERS IS POPƲLIS CASTELANIS, made Earle of Caſtile, and all ſubmitted themſelves to his government, rejecting the Dominion both of Ordogno and his brother King Froila after him, for their tyranny and trechery.ppRodericus Toletanus de Rebus Hiſp. l. 4. c. 19. Alphonſo the great King of Gallecia about the yeere of Chriſt 918. impriſoning his eldeſt ſonne Garſias, laying him in irons and exerciſing other cruelties, was by the practiſe of his owne Queen Semena and his other ſonnes and Nobles, ſo proſecuted and put to ſuch ſtreights; that they enforced him to reſign his Crown to his ſonne Garcias, and to deprive himſelfe of his gouernment in the preſence of his ſons and the grandees of his Realm; after which he requeſted his ſonne to raiſe and grant him an Army to goe againſt the Sarazens, who condeſcending thereto, hee gained a glorious Victory ouer them, and ſo dyed qqRoder. Tol. l. …. c. 4, 5. Munſt. Coſ. l. 2. c, 20. Gen. hiſt. of Spain. l. 7.Alphonſo ſonne of Ordogno, King of Caſtile, after 5. yeers reigne, out of levity rather then Religion, reſigned his Crown to Ramire his younger Brother, and then turnd Monk about the yeer 939. but not long after, caſting off his Coul & leaving his Monaſtery, he began to raiſe forces, and to aſpire to the Crown again which he had reſigned; wherupon Ramir raiſed an Army againſt him, and after 2. yeers waries took him priſoner, put out his eyes, and thruſt him into a Monaſtery.rrMunſterii Coſmogr. l 2. c 20. p 78. Gen. Hiſt. of Spain. Iohn the firſt, the 35 King of Caſtile after the death of Ferdinand King of Portugall claimed that kingdome in right of Eleanor his wife and next Heire, but the Portugals elected Iohn, a beſtard, a Knight of the blood Royall for their King, and excluded Eleanor. Henry p. 57the 4. the 38. King of Caſtile, having no children lawfully begotten, would have made Elizabeth his baſtard daughter heire to the Crown; but the Nobles would no wayes permit it, and reſiſting him with all their might, preferred his own ſiſter Elizabeth to the Crown, and married her to Ferdinand the 6. ſonne to Iohn King of Arragon, rejecting his ſpurious daughter. And Frier Iohn de Teixera i… his Book of The Originall of the Kings of Portugall, affirmes, that the Kings of Portugall were uſually ELECTED BY THE SƲFFRAGES AND FREE CHOICE OF THE PEOPLE, who had power to conferre the Kingdome on whom they pleaſed: averring, that Alfonſo 1. 3. and 5. Iohn the 1. Emanuel and Antonio, Kings of Portugall, were thus elected. Which thoughſſCenſurae in F. Ioſeph Teixerae libelli… c. 75. to 83. De vera Regum Portugalium Geneologia, lib. in the 2. Tom. of Ioannis Piſtorius Hiſpaniae illuſtratae. Duardus Nomus Leo, a Portugois Lawyer denyes, and ſeemes to refute; yet he grants freely, that the Parliament or Aſſembly of the Eſtates in Portugall have uſually determined the Title, Right, and ordered the Succeſſion of that Crown in the Caſes of theſe Princes, and determined of their Legitimate or ſpurious birthes: That when the Kings of Portugall have dyed without Heires, they have BY THE LAW OF ALL NATIONS freely elected whom they thought meeteſt for their King: And that after the death of King Ferdinand, they put by Iohn and Ferdinand the ſonnes of King Peter, begotten of Agnes de Caſtro his Concubine, from the Crown, becauſe they were baſtards; and moreover enemies to the name and Realme of the Portugois, entring with Henry and Peter Kings of Castile, in an hoſtile manner with an Army into the Confines of Portugall waſting them every where, and doing great dammages to, and committing many murthers among their Citizens; for which reaſon, the States aſſembled at Coimbri, reſolved, that although they were legitimate, yet THEY COƲLD NOT OBTAIN THE SƲCESSION OF THAT KINGDOME, quod ſe hoſtes & alienos a Portugalia declaraſſent, becauſe THEY HAD THVS DECLARED THEMSELVES ENEMIES AND ALIENS TO PORTVGALL. And therefore beleeving the Kingdome to be void for want of a right heire to ſucceed, in which caſe, BY THE LAW OF ALL NATIONS THEY MIGHT LAWFVLLY ELECT THEM WHAT KING THEY PLEASED, they choſe Iohn the Baſtard, King. After which he ſhewes, that Philip the 2. his Title to the Crown, was long debated by, and reſolved in the Aſſembly of the States of Portugall in the life of king Henry, who ſummoned all the Pretenders to the Crown to come and declare their Titles to it in a Parliament held at Almierin, upon the Petition of the Senate and People, who earneſtly preſſed him, that the Title of the crown might be ſetled and diſcided during his life, to prevent diviſion and civill warres after his death: By which it is apparent, that the Aſſembly of the Eſtates of Portugall, is the moſt Soveraign power and above their kings themſelves.

It is clear, that the Gothiſh kings which reigned in Spain were not hereditary, but elective, yea, cenſurable, excommunicable, and deſpoſable by them for their Maleadminiſtrations. ttLiv. 5. p… 146. Ioannis Mariana, De Rebus Hiſp. l. 6. c. 4. 6. See Procopius, Vand. 1. Aimon… l. 2. c. 20. l. 4. c. 35.The Generall Hiſtory of Spaine is expreſſe, that among the Goths they did not reigne by right and ſucceſſion from Father to Sonne, but thoſe were choſen Kings among them, which were held worthy; which election was made by the Nobility and People, and if any one did affect that dignity by any other unlawfull meanes, he was excommunicated and rejected from the company of chriſtians; as appeares by the 5. Councell of Toledo. Thus Vallia the 1. king of the Goths, An. 418. Agila the 11. king An. 546. Luiba the 13. king An. 565. Gundamir the 18. king An. 610. Suintilla p. 58the 20. king An 621.vvGen hiſt. of Spain, l. p 12…. 140, 145, 146, 147, 14… Ro…an hiſt. Hiſp. pars 2. in their lives, Ioan Mariana de Rebus Hiſp. l. 5. & 6. Tulca the 23. king An. 642. Bamba the 26. king of Goths, an. 672. to omit others, were elected by the Nobles and people, though now and then the Crown went by ſucceſſion through uſurpation rather then right,

xxGen. hiſt. of Spain, l. 5 p. 139 140. 145. Rod. ſanct. hiſt. Hiſp. pars 2. c. 15. 22.Theodiſcle the tenth king of the Goths in Spaine, giving himſelf to luſts and adulteries, polluted great and honeſt families, corrupted Nobles wives, and committed many murthers; whereupon the chiefe of the Goths conſpiring againſt him, ſtrangled him at Sevill …oting in his banquets, and elected Agila for their king: So Victrix the 17. king of the Goths, a vitious baſe unworthy Prince, was miſerably ſlain by his own people for his vitiouſneſſe, as he ſate at Table. yyGen. hiſt. of Spain, l. 5. p. 146Suintilla the 20. king of the Goths, in the beginning was a good Prince, but in the end he grew exceeding covetous and cruell; wherefore the Goths made him reſign his Kingdome about the yeare 630. and deprived him of the crowne, he was likewiſe excommunicated by the Biſhops (whoſe power at that time began to equall that of Kings) at the Councell of Toledo; which interdicted him, with Geilands brother, their wives and children, the communion and fellowſhip of the Church, and the poſſeſſion of their goods gotten by violence and tyrannicall meanes; and Siſenand his adverſary, with the conſent of the people, obtained the Kingdom. The 6.zzGen. hiſt. of Spain, l. 5 p 147 Concil. Toletanum 6. c. 3. Suris Concil. Tom. … p. 742. Councel of Toledo under Cinthilla the 22. king of Goths, about the yeare 686. decreed, and by a perpetuall law impoſed on the Kings of Spain, not to ſuffer any one to live within their Dominions which was not a Catholike; the which their kings ſhould ſolemnly ſweare before they were crowned; and if any king ſhould goe against that Law which he had thus ſworn he ſhould be excommunicate and accurſed in ſight of the eternall God and made the fuell of eternall fire: which Canon was made, not only by the aſſent of this king & his Biſhops … with the conſent & deliberation of his Nobles and great men. In the aaSurius Concil. Tom. 2 p. 739 740. Mariana de Reb. hiſp. ….5. Councel or Toledo under this king it was decreed Gen. 2, 3 4 5, 6, 7 That the kings children and faithfull ſervants after their deaths, ſhould not be deprived of the lands, honours, and just rewards by the …ucceeaing kings, which had been conferred on them in their lives; That no man ſhould aſpire to the crowne licentiouſly, under pain of excommunication and a divine Anathema, whom neither THE ELECTION OF ALL, nor the Nobility of the Gothiſh Nation had no, advanced to this top of honour. That none ſhould, auring the kings life endeavour or uſe meanes to ſucceed him after his death; nor yet revile the Prince, under paine of excommunication. All which particulars were ratified by new bbSurius Concil. tom 2. p. 744 745. Mariana de Rebus Hiſp. l. 6. c. 9.Canons in the 6. Councell of Toledo under this king, Can. 14, 15 15, 17, 18. with this addition; That the king being dead, none ſhould uſurp the kingdome by tyrannicall preſumption; that none who had been ſh…ven a Monke, or diſhoneſtly bald, or deſcended from a ſervile ſtocke, or a man of a forraign Nation, unleſſe worthy both in reſpect of his Pedigree and manners, ſhould be promoted to the Throne of the Kingdome; nor no man attempt the Princes deſtruction, life, or uſurp his Crowne tyrannically, under pain of being … with a perpetuall Anathema, and eternall condemnation, for breach of any the premiſes. Theſe Councels, as Mariana obſerves, were in truth Generall Aſſemblies of the Eſtates, where they handled not only matters of Religion, but likewiſe of the Commonweale by common conſent of all. Bamba the 26. king of the Goths (after ccGen. hiſt. of Spain, l. …. p. 129 150 Roder. ſan. hiſt Hiſp. par. 2. c. 32. Surius Concil. tom. 3. p. 3. Mariana de Rebus hiſp. l. 6. c. 12, 14, 17.Lewes de Mayern Turquets computation which I follow but 3…. after Roderick Sancho) was elected king by the Goths, as he was plowing with his Oxen in the field, being a plain countrey man. Some ſay, that he would never have received this honour and charge, but by conſtraint, and that refuſing abſolutely, a Noble man of the Goths drew his p. 59ſword, and threatned to kill him if he did not yeeld to the Gothes intreaties, and that his Goad wherewith he drove his Oxen did ſuddenly in his hand bring forth leaves, fruit, and roots; whereupon he took this dignity upon him, more for fear than for any deſire to reign. Anno 672. After which Eruinge ambitious of command, poiſoned king Bamba, ſo as he became madde; for curing whereof many naturall and ſuperſtitious medicines were applyed, but to ſmall effect; ſo as Bamba coming a little to himſelf again, and finding his diſabilitie to govern, willingly quit the Crown, and retired himſelfe into a Monaſtery at Pampliga, where he lived ſeven years and one monethmonth, and ddSarius Concil. p. …4. Mariana de Reb. Hiſp. l. 6. c. 17.Eruinge was choſen king in his place, whoſe Election was confirmed and allowed lawfull in the 12 Councill of Toledo, Can. 1. as Elected thereto by God, and ALL THE PEOPLES DESIRES; whom this Councell abſolved from their Oath of allegiance formerly made to King Bamba, whiles he held the Kingdom. In the eeGenerall Hiſt. of Spain. l. 5. p. 151.thirteenth Councell of Toledo under this King Eruinge. Anno 684. it was decreed, That neither the King nor any other ſhould marry the Widow of the deceaſed King, upon pain of excommunication, and to be damned to Hell fire.

Vitiza ffGen. Hiſt. of Spain, l. 5. p. 152, 153. Rod Sanct. Hiſt. Hiſp. pars. 2. c. 35 Mariana de Rebus Hiſp. l. 6. c. 19.the nine and twentieth King of the Gothes, at his firſt coming to the Crown, ſhewed himſelf milde, liberall and religious, but ſoon after became the infamy and diſhonour of Kings, being full of all exceſſe of luſt, impiety, hypocriſie and diſſimulation, and exceeding in all vices without ſhame; he filled his Palace with many Wives, which he married, and Concubines too; he publikely allowed to all men, Nobles, Commons, Prieſts and Clergy, to marry as many wives, and keep as many Whores as they pleaſed; he uſed great crueltie to many: flattered the Clergy, leſt by their cenſures they ſhould draw the people from obeying ſo filthy and unchaſte a king. To prevent all rebellions (under the colour of peace which Spain did then injoy) he cauſed all the Towns of Spain to be diſmantled, except Leon, Toledo, and Aſturica; he diſarmed the people, diſanulled all the immunities of the Church; he recalled the baniſhed the Jews, and granted them great priviledges; he advanced a moſt wicked wretch to great honours, execrable to all the people, that ſo he might not ſay, himſelf was the worſt of men: Finally, as a preſage of his future miſeries, he ſhewed (in all ſorts of exceſſe and violence, contrary to the Laws of God and men) what Princes ill inſtructed and ignorant of true pietie could do: A Buffone asking him me…rily, Why do you being a King & the ſon of a King do thus, you may loſe your Kingdom? Hereplyed like another Dionyſius, My Father left me his kingdoms, not fortune. In fine,ggGen. Hiſt. of Spain, l. 5. p. 153, 154, 155 Rod. Sanctius, Hiſt. Hiſp. pars. 2. c. 37. Mariana de Rebus, Hiſp. l. 6. c. 21, 22, 23. Illuſtratae, Rodorick obtained the Corwn; who ſoone after exceeded Vitiza in all manner of vices, cruelty, and tyrannie, and raviſhed the daughter of Iulian Earl of Cava, whiles he was in embaſſage in Affrick for the affairs of the kingdom; Who to revenge this indignity, and caſt out this wicked Monſter, Anno 713. called the Mores into Spain, who over-ran and conquered the Kingdom, deſtroyed Rodorick, and put a Period to the Gothes kingdom in Spain. Thus Tyrannicall vitious Princes ruine at laſt both themſelves and their Realms.

Among thehhIn Iohannis Piſtorius, Hiſp. Tom. 3. p. 859, 860. Lawes of the Wiſigothes, Lib. 2. c. 2. 6. I finde not onelyonly an Act declaring their Kings to be ſubject to their Lawes as well as ſubjects, but likewiſe a Law p. 60reſtraining their Kings exceſſes, and diſ-inabling them to alien their Crown lands or revenues to their own Children or others, but onelyonly the Lands which themſelves ſhall purchaſe; which was likewiſe decreed in the eighth iiSurius Concil. Tom. 2. p. 864, 865.Councill of Toled…, under king Rec…ni…thus, where in there was this complaint made. Quoſdam conſpeximus Reges, poſt quam fu…rint regni gloriam aſſequuti, ex…nuatis viribus populorum, rei propriae congere…e lucrum; & …, quod reges ſunt vocati, defenſionem in vaſtationem converſunt, qui vaſtationem deſenſione pelle … debuerunt; illud gravius inn…ctentes, quod ea quae videntur acquirere, non regni deputant honori, vel gloriae, ſed ita malunt in ſuo jure confundi, ut voluti ex debito deſcernant haec in liberorum poſteritatem tranſmitti: Reſolving, that non perſonae ſed … ſubdi debere, non habenda parentali ſucceſſione, ſed poſſidenda regali congreſſione; regem terrenum jura faciunt, non perſona, &c. I likewiſe finde another kk… l. …. c. 28. p. 869. and l. 6. … p 936.Law, nullifying all unjuſt judgements and ſentences given by Iudges through fear or command of the King. And another Law, giving the King power over all offenders againſt himſelf, but denying him power to pardon any Delinqu…rts againſt the Nation or Countrey. All which conſidered, prove the whole State, Kingdom and Councels among the Spaniſh Gothes, to be about their kings, who were lyable to their reſtraints, excommunications, Laws, **Proco… Vand. … c. 20. l. 4. c 35. Grotius de Enc. Belli, l. 1. c. 3. Sect. …1.Cenſures, Depoſitions, for their male-adminiſtrations, vicious lives, and not ſucceſſive but elected by them.