The Sovereign Power of Parliaments and Kingdoms
We also command the President and them of the privy Council, the Chancellor and Council of Brabant, the Governor, Chancellor, and Council of Gueldres, and the County of Zutphen, the President and council in Flanders, the President and council in Holland, the Governor, President and Council in Friseland, the President and Council at Vtricht, the Bailiff at Tournay and Tournesis, the Receivers or chief Officer of Beoostercheldt and Bewesterscheldt Zealand, the scout of Macklyn, and all other Judges and Officers whom it shall concern, their Lieutenants, and every of them, presently without any delay, to publish this our Decree in all places of their jurisdictions, and wheresoever they are accustomed to make proclamations, to the end that no man may pretend any cause of ignorance: And that they may keep and observe, and cause to be kept and observed inviolably this our Decree, without any favor, support, or dissimulation; for we have so thought it fit and convenient for the good of the Country. For the effecting whereof, we give to everyone whom it shall concern, full power and authority, and special Commission. In witness whereof, we have caused our seal to be hereunto annexed. Given at the Hage in out assembly the 26 of • uly 1581. Vnderneath was written, By the ordinance and decree of the said Estates, and signed • . Tan Asseliers.
According unto this declaration of the Estates, there was a new form of an Oath drawn, in manner of an abjuration of the King of Spain, and promise of duty and obedience which everyone should owe unto the said Estates, by the public Officers, and Magistrates of every Town and Province, as followeth.
I swear, That hereafter I shall not serve nor yield obedience to Philip King of Spain, nor acknowledge him for my Prince and Lord, whom I do renownce by these presents, and do hold myself freed from all Oaths, and bonds, by the which I might be formerly tied unto him: whereof finding myself presently delivered I swear a new and bind myself to the united Provinces, and namely, to them of Brabant, Gueldre, Holland, Zealand, and their allies, and to the sovereign Magistrates that are appointed, to be faithful and loyal unto them, to yield them all obedience, aide, and comfort, with all my power and means, against the King of Spain and his adherents, and against all the enemies of the Country. Promising as a good vassal of the Country, to carry myself faithfully and loyally, with show of all obedience to my superiors; So help me the Almighty God.
This decree being thus proclaimed, all the seals, counter-seals, and secret signets of the King of Spain, were broken and cancelled with solemnity, by all the consuls of the said Provinces, and others new made, by order of the general Estates, for that which concerned the Government, and the affairs of the generality. And as for matters of justice and policy, they used the seals, names, and titles of private governors, and Provincial consuls. From that time there was no coins of gold, silver, or copper made with the name or titles of the King of Spain, but upon stamps which the Estates had caused to be made in every Povince. All governors, superintendents, Presidents▪ Chancellors, Counselors, and others Officers, were discharged and absolved from their precedent oaths, and did swear fidelity to the general Estates, against the King of Spain and his adherents, according to the form above mentioned, to whom an act was sent for the continuation of the Commissions.
Ninthly, it is evident from the premises; That is Emperors and Kings shall degenerate into Tyrants, violate their Oaths and Covenants made unto the people, invade their Laws, Liberties, persons with armed violence, and instead of protecting, make war upon them; that the Nobles, Magistrates, Estates, Parliaments and people in such cases, may without any guilt of Treason, Rebellion, Sedition, not only disobey, but Lawfully resist them with force of Arms, both in point of Law & conscience, & are obliged under pai • e of treachery and perfidiousness to their Country, thus to resist; and in cases of incorrigibility for the public weal, and preservation, may justly if they see it necessary, depose them from their Royal Dignities as Enemies, or Traitors to their Kingdoms and people. The reason is, Because no Kingdom or Nation under Heaven, ever elected or voluntarily submitted themselves unto any Emperor or King whatsoever (for ought can be proved or imagined) but upon this tacit condition; that they should justly govern, defend and protect them for their good, not tyrranize over, pillage, murder, oppress, or make war upon them at their pleasures, contrary to the Laws of God, nature, nations; Nor yet actually obliged themselves under pain of Treason, Rebellion, death, or damnation, not forcilly to reobsist or deprive their Princes in any wise, though they with open violence should set themselves to subvert their Religion, Laws, Liberties, and Republic; to which unreasonable condition, no Natian certainty would have consented, had it been propounded to them by their Kings at first, as Grotius well observes. This point of greatest difficulty and concerment, I have largely debated and confirmed already, in the third part of this Discourse, where all contrary Objections against it, are refuted; Yet because it still seems a feditious unchristian Paradox to many Malignants and Royalists, I shall satisfy it with such new Authorities, of all sorts, which may happily convince, if not convert them from their inveterate willful error.
My first Authority of this kind, is that passage of Sozomon ( an ancient Ecclesiastical Historian ) Eccles. Hist. l▪ 6. ch. 2. recited and approved by Nicephorus Callistus Eccles hist. l. 10. ch. 34. where he thus writes of the death of Julian the Emperor ( who turned both a Tyrant, Apostate, and Persecutor of the Christians) reputed to be stain by a Christian Soldier of his own Army, for his Tyranny and impiety. Whereas Libanius writes in this manner; He seems to say, that the st • air of Julian the transgressor was a Christian, which peradventure was true; Neither is it incredible, that someone of the Soldiers who marched under his colors, had considered these things thus in his mind: That not only the Heathens, but likewise ALL OTHERS are wont to applaud those even unto our Age, who slew Tyrants heretofore, as those who for the liberty of all, feared not to undergo the danger of death, and likewise for the safety of their Citizens, Kindred and friends, with willing minds. And verily he CANNOT WELL BE REPREHENDED BY ANY MAN, especially since he should show himself so valiane and stenuous FOR GOD AND that RELIGION which he did approve, &c. However it is certain that he was taken away by God's divine judgment. Nicepherus adds, that his death was predicted by the Christians, and that his death WAS ACCEPTABLE AND PLESANT TO ALL CHRISTIANS, especially to those of Antioch, WHO FOR THIS HIS MVRTHER, INSTVTED A PVBLIKE TRIVMPH, Wherein they also reproached Maximus the Philosopher, singing thus, Where are thy divinations O foolish Maximus? A pregnant evidence, that even the Primitive Christians (on whose examples and practice our Antagonists so much depend, though to no purpose, as I have * elsewhere manifested) held it not only lawful for them to resist, but even in some cases to slay a persecuting Apostatized Tyrant, bent so subvert Religion, Laws, Liberties; as may be further evidenced by Constantine the great his aiding the oppressed Christians, and Romans against the Tyranny and Persecution of the Emperors Maxentius, Maximinus and Licinius, even with force of Arms, with which he Conquered these Persecutors in sundry open battles fought against them, at the Christians earnest importunity.
To descend to later Authoritities, it is the received Doctrine of all Popish Schoolmen, Doctors, Lawyers, That tyrannical Princes who oppress and invade their subjects persons, liberties, estates, or religion, may both lawfully with good conscience be forcibly resisted by their Subjects, and likewise by the major part of their People, Nobles, Parliament, for preservation of the Republic and Religion, be justly deposed, and put to death; yea, as some of them add, even murdered by private men, though the generality of their Writers justly deny it. Their St. Thomas of Aquin, in his Book, De Regimine Pricipum (dedicated to the King of Cyprus) cha 6. determines thus, if it belong to the multitude to provide themselves of a King; the King made by them, may not unjustly be removed, destroyed, or his power restrained, if he abuse the power of the Realm tyrannically; Neither is such a multitude to be esteemed, TO DEALE DISLOYALLY IN DEPOSING A TYRANT ALTHOVGH THEY HAD PERPETUALLY SUB • ECTED THEMSELVS TO HIM BEFORE, BECAUSE HIMSELFE HATH DESERVED IT, in not carrying himself faithfully in the Government of the people, as the Office of a King required, because herein he kept not his Oath and Covenant with his subjects. And he further affirms, 2 Distinct. Art. 44. qu. 2. 2. 5 m . 1. 2 ae . Dist. 44. qu. 2. 2. 5 m . 1. 2 ae . qu. 79. 4. 3 m . 22 ae . qu. 12. art. 2. & qu. 42. 2. 3 m . Opusc. 10. l. 4. c o . 1. That in every Country, Cities are governed politikely; the power of Kings and Emperors being circumscribed by the Laws and people, That a Tyrannicall Prince, if he invade his Subjects, may lawfully beresisted and lain even of private persons in their own necessary defense, and in reference to the public safety; but much more by the Nobles and people's general consent: And that the deposition or perturbation of the regiment of a Tyrant, HATH NOT THE REASON (or nature) OF SEDITION, unle • se it be done by private persons, or so disorderly, that a greater detriment should ensue, BVT IT IS THE TYRANT RATHER WHO IS SEDITIOVS. The same Doctrine is taught by Dominicus Seto, de Iustitia. l. 5. quaest. 1. art. 3. Ludovicus Molina. Tom. 4. De Iustitia & Inre Tract. 3. disp. 6. to 20. Dominicus Banns, 22. 2 ae ▪ quaest. 64. Art. 3. Dub. 2. Petrus de Aragon. 2. 2 ae . qu. 64. a • t. 3 Explicatio, art. p. 248. Michael Bartholomaeus Salon, de Iustitia & Iure in 2. 2 ae Tom. 1. qu. 64. art. 3. cont. 1. pag. 385. Petrus de Lorca in 2. 2 ae . D. Thomae quaest. 40. art. 3. sect. 3. throughout, specially Dispute. 50. n. 2. & Disp. 52. 53. Azorius, Tom. 2. l. 21. disp. 5. qu. 8. &. 5. Franciscus Victoria. Relectio De Iure Bell • . n. 9. 14. Alphonsus Salmeron in cap. 13. Epist. ad Romanos. Disp. 5. Fran. Suarez. in Defensione fidei l. 3. cha. 3. & l. 6. chap. 4. throughout, specially, num▪ 5. 6. 13. 14. 15. 16. John Gerson de Anferibilitate Papae; where also he avers (consid. 6.) that one who is truly Pope may lawfully be bound, imprisoned, and put to death for his offenses, (though the head of the Church as Papists hold, as well as Kings the head of their Realms.) Dionysius Cathusianus de Regim. Polit. Artic. 19. Francis • us T • llet, in summa, l. 5. c. 6. Leonardus Lessius de Iustit. & Iure, c. 9. dub. 4. Tannerus, Tom. 3. disp. 4. qu. 8. dub. 3. Immanuel Sa. in Aphorism. Verb. Tyrannus, n. 2. Johannes Mariana: De Rege & Regis Instit. l. 1. c. 5, 6, 7, 8. Alvarus Pelagius de Plan. Eccles l. 1. c. 21. Simancha Pacensis, de Cathol. instit. tit. 23. • . 11. p. 98. tit. 45. n. 25. p. 209. Gregory de Valencia, Tom 3 • p. 444. Cardinal Bellarmine, de Pontif Rom. l. 5. c. 6. 7. 8. & Tract de Potest. Sum. Pontif. adverse. Gul. Barel. p. 97. Iac. Gretzerus Pharetras Tortulliana, & Vespertilio Haeritico • Politicus, Ludovicus Richehom. Expostulatio Aplogetic • , pro Societate Iesiis. Vincentius Filiucius Tra. 28. p. 2. dis. 4. prae. Dec. n. 12. Mart. Becanus Anglican • de Potestate Regis & Pontificis, Caspar. Schoppius. Alexi Pharmacum Regium, & Collyrium Regium. of Valentine Jacob. An. 15 • 4. and John Tanquerel Anno. 1561. whose opinions are recorded by Bochellus Decreta. Eccles. Gal. l. 5. tit 4. c. 6. 8. the Cardinal of Como his Letter from Rome, 30. January, 1584. to Doctor Parrey to murder Queen Elizabeth; Franciscus de Verona Constant. in Apolog. pro Io: Chastel, p. 133. Bonarscius the Jesuit, Amphith p. 101. Barclay l. 3. adverse. Monarch. c. 8. l. 6. c. 23. & 24. Serarius in c. 3. Iudicum. Hieronymus Blanca Rerum Aragonens. Commentarius, passim. Cajetan: upon Aquinas his forecited Summes. the Doctors of Sala • ancha in their Determination, Anno 1602. recorded by G. Blackwell, qu Bip. p. 56. and Doctor John White his Defense of the Way, c. 6. p. 16. Governado Christiano p. 43. Antonius Massa Tract. contra Duel. n. 78. 79. Baldus 3. Consid. 313. Cavarruvias Quaest. Illustr. T. 2. 505. n. 1. 399. n. 6. Vasquius contro. Illustr. 16. n. 15. 19. 21. 17. n. 1. 23. 20 n. 344. n. 3. 73. n. 12. 13. 5. 72. n. 7. and elsewhere Hemingius Arnisaeus de Authoritate Principum p. 18. 50. 77. 80. 83. 95. 122. Fran. Hotomani Franco-Gaul, c. 6. 7. 10. 13. 15. 18. 19. &c. To which I might add our English Priests and Jesuits, as Doctor Nicholas Saunders, Visib. Monarch. p. 70. 71. Doctor Allen, Parsons, Creswell, Philopater, Rossaeus, Doleman, p. 32. to 74. sparsim, with sundry others, all professedly a verring Aquinas his Doctrine, and the premisses, yea, far exceeding them in sundry particulars; many or most of them attributing sufficient Authority and power to the Pope and Prelates alone, without the Parliament, Nobles, Peers, or Peoples assent, to depose, adjudge Haereticall or tyrannical Kings to death, and devote them to assassination, which all Protestants unanimously disclaim. But we need not fish in these unwholesome Romish Streams of Tiber, or make use of these Popish Champions, whom I have only named, to stop the mouths of all Papists, Priests, Jesuits, who now much exclaim against the Parliaments present defensive War, condemning all for Rebels and Traitors who assist the Parliament against their invading trait • rous, Rebellious armed Forces both in Ireland and England, they being in verity such themselves, yea, the original contrivers, fomenters, the principal abettors of the present bloody, destructive, civil Wars in both our Realms. And that which most confirms me in this belief, is a particular late Discovery of the horrid Conspiracy of Con the Popes late Nuncio here, and his Jesuited Popish Confederates, to undermine and extirpate the Protestant Religion, to raise the Scottish, and succeeding Irish, and English Wars, thereby to engage the King to resort to them for assistance; & under pretence whereof to rise up in arms, and work him to their own conditions, or else to poison him with a Indian poisoned Nut after the example of his Father, and then seize upon the Prince, and train him up in their Antichristian Religion, as you may read at large in Rome's Masterpeece, to which I shall refer you for fuller satisfaction, from one of the chief Conspirators own Confession. But passing by all these, I shall proceed to Authorities of Lawyers and Divines, professing the Protestant Religion. Georgi • s Obrectus, a public Professor of Law, and Advocate to the City of Strasburge in his Disputatio Juridica, 1. De Principiis Belli, lays down these several Positions for Law, Num. 125. to 139.
I might add to him the like determinations of Henricus Bocerus, De jure pugnae, hoc est, Belli & Duelli, Tractatus Methodicus, Tubingae, 1591. lib. 1. cap. 5. c 29. p. 141 Justus Eccardus, De Lege Regia, the last Edition. Alhuseius Polit. c. 4. p. 146. to 153. Haenon, Disputat. polit. The Treatise De Iure Magistratus in Subditos; (where this Position is largely and learnedly debated, confirmed, both from Law, History, Theology, Reason) Hugo Grotius de Iure Belli & pacis, lib. 1. c. 4. sect. 7. to the end, p. 87. &c. Albericus Gentilis de Iure Belli, l. 1. c. 11. p. 84. c. 25. p. 205. l. 3. c. 9. 22. p. 546. 686. with others. But since Junius Brutus compriseth the quintessence of all the rest, I shall trouble you only with his Discourse. Vindiciae Contr. Tyrannos, Quaest. 3. p. 177. to 106. To pass by his Discourse concerning the resisting of Tyrants, who usurp a Dominion without any Title, whom every man may justly resist and suppress, and are bound in duty so to do, as he there proves at large; I shall only transcribe what concerns them who have a lawful Title. First (saith he) we ought to consider, that all Princes are born men.
Go to now, in this our political Ship, the Master gluts himself with wine; most of his assistants either asleep, or drunk with mutual cups sportingly behold an imminent Rock. The Ship in the mean time, either holds not that course which is expedient for the owner, or seems speedily to be wracked; what thinkest thou is here to be done under the Master, by one who is vigilant and solicitous? Shall he pull those by the ears who are asleep, or only jogge them by the sides? but in the mean time, lest he should seem to do ought without their command, shall he not afford his help and assistance to the endangered Ship? Truly what madness, or rather impiety will this be? Seeing then (as Plato saith) tyranny is a certain frenzy and drunkenness, the Prince may utterly subvert the Republic, the most of the Nobles may collude, connive, or at least are fast asleep: the people who are Lord's of the Republic, by the fraud or negligence of these ministers, which is their fault, are reduced into greatest straights: in the mean time there is one of the Nobles which considers the encroaching tyranny, and detests it from his soul, what thinkest thou is now to be done against him by this man? Shall he only admonish his Colleagues of their duty, who themselves do as much hurt as they may? But, besides, as it is perilous to admonish, and in that state of things it may be deemed a capital crime, shall he do like those, who contemning other helps, casting away their arms, shall cite Laws, and make an Oration concerning justice among thieves, in the midst of a wood? but this truly, is that w ch is cōmoly said, to be madle with reason: What then? shall he grow deaf at the people's groans? shall he be silent at the entrance of thieves? or shall he finally grow lazy, and put his hands into his bosom? But if the Laws appoint the punishment of a Traitor against one wearing buskins on his legs, who counterfeits sickness for fear of the enemies, with punishment at least shall we decree against him, who either through malice, or slothfulness, shall betray those whom he hath undertaken to protect? But rather he shall command those things that are needful to such as are wary by a Mariners shout; he shall take care lest the Common-wealth receive any detriment, and shall preserve the Kingdom even against the Kings will and resistance, by which he himself becomes a King; and shall cure the King himself as a frantic man, by binding his hands and feet, if he may not otherwise do it. For, as we have said, the universal government of the Realm is not committed by the people to the King, as neither the oversight of the whole Church to the Pope, but to everyone of the Nobles according to his power. But certainly, because concord proceeds from unity, that there should be no emulation among Peers, a King was instituted, who should hold the supreme place in the administration of the Common-wealth. The King swears that he will seek the safety of the Realm; the Nobles swear everyone the same by himself: whether therefore the King or most of the Nobles neglecting their oath, shall either destroy the Commonwealth, or desert it being in danger, ought the rest therefore to desert the Republic, or at least be less bound to defend it, as if they were absolved from their oath? But rather then especially they ought to show their fidelity, when as others neglect it, especially since they were principally instituted for that end, like the Ephori; and everything may then be reputed just, when it attains its end: whether truly if many have promised the same thing, is the obligation of the one dissolved by the perjury of the other? whether if many be guilty of the same sin, are the rest freed by the fraud of one? Whether, if many Co-gardians ill defend their Pupil, shall one good man be less bound with the burden of the wardship through their default? But rather, neither can they avoid the infamy of perjury, unless they endeavor to satisfy their trust as much as in them lieth; neither can those exempt themselves from the danger and judgment of a Gardianship ill administered, unless they implead the other Guardians suspected; when as verily one Guardian may not only implead the rest suspected, and take care of those to be removed, but also remove them. Therefore those who have promised their aide and assistance to all the Realm or Empire; such as Earls of the stable, Marshals, Senators, and the rest; or those who have done it specially to any County or City which may make a part of the Realm; as Dukes, Marquesses, Earls, Majors, and the rest, are bound to aide the whole Commonwealth oppressed with tyranny, or that part thereof, which the people have committed to them next after the King. And thesetruly ought to vindicate the whole Commonwealth from tyranny, if they be able; those as Guardians assigned throughout Counties, that part of the Realm whose defense they have undertaken: These I say, are bound to restaine a tyrant, those to drive him out of their coasts. Therefore Mattathias as one of the Nobles, the rest partly conniving, partly colluding; when Antiochus tyrannically oppressed the Kingdom of Judah, speaks thus to the people ready to take up arms: Let us restore the state of our people; let us fight for our people, and our holy places: whence it plainly appears, that we may not only lawfully fight for Religion, but for our Country; for an hearth I say, no lest justly then for our Altars, and take up arms against such a tyrant as he was: neither are they blamed by any, for recovering the Kingdom, but that they claimed the royal dignity to themselves, which pertained to the Tribe of Judah. Many pertinent examples to this purpose occur in Historians. Arbactus governor of Media, slew Sardanapalus spinning among women, and spending the royal treasure among whores. Vindex President of the French, and Galba of the Spaniards revolted from Nero, together with all France and Spain, the Senate conniving at his tyranny. But especially that Laconick judgment is observable, which verily proceeding from that Senate, ought to pass into a thing adjudged among all Nations. When the Lacedaemonians possessed Byzantium, they made Clearches Captain of the Army, Governor of the City, who taking corn from the Citizens, distributed it to the foreign soldiers; but in the mean time the families of the Citizens perished with famine. An • xilaus therefore, one of the Magistrates of the City, moved with that tyranny, agreed with Alcibiades about the yielding up of his Country to him, and he soon after is received into the City. Anexilaus being accused at Sparta for yielding up of Byzantium, pleaded his cause himself, the Spartanes absolved the man; because they said, wars were to be waged with enemies, not with the nature of things; now nothing is more repugnant to nature, then, if those who are bound to defend a City, became more unjust then the enemies. Thus the Lacedaemonians determined justly, to whom scarce any good Kings will not assent; verily those who desire to rule well, care not at all what is determined concerning tyrants, or what the Nobles or people themselves may do by Law. But we must yet proceed further. Everyone of the Mariners is bound, if the Ship be endangered through the default or negligence of the Ship-master, to put to his helping hand: everyone of the Nobles is bound, if the Republic perish by the wickedness or carelessness of the Prince and his Colleagues, to help it, being like to fall, and to vindicate the whole Kingdom, or at least that part thereof which is committed to him, from tyranny. But then shall it be lawful for every ordinary slave to do the like? or peradventure shall it be lawful to Herdonius Subinus, Euno Surianus, Spartacus the fencer, or, I say, to any private man to enfranchise servants, to stir up Subjects to arms, finally to combat with the Prince, if tyranny urge them? No verily. The republike is not committed to single or private men, yea they themselves are committed to the care of the Nobles and Magistrates no otherwise then Pupils. Therefore they are not bound to defend the Republic, who cannot defend themselves. The sword is not committed to every man neither by God, nor by the people; therefore if they draw the sword without command, they are seditious, although the cause may seem to be just. Finally, private men do not make the Prince, but all. Therefore they ought to expect the command of all, or of those, I say, who represent all in a Realm, Country or City, which may make a part of the Realm, or at least of one of them, before they attempt anything against the Prince. For as a Pupil cannot bring an action without authority of his Tutor, although the Pupil be truly a Lord, and the Tutor only is reputed for the Lord, as far forth as appertains to his tutelary providence: So neither may the people do ought, but by the authority of those, on whom they have transferred their authority and power; whether they be ordinary Magistrates, or extraordinarily, created in a public Assembly; whom, I say, they have guirded with the sword for this purpose, to whom they have delivered themselves up to be governed and cared for; who finally like that Pretor of Rome, who judged between servants and masters, are truly constituted in that place, that if any contention arise between King and Subjects, they may show themselves Judges and Redressors, lest the Subjects themselves should pronounce sentence in their own cause. Therefore if unjust customs or grievous taxes be imposed, if things be done against pacts or fraudulently, and yet not one of the Nobles speaks against or resists it, let them think they must then sit still, and think, that the best Physicians to prevent or take away a disease, do ofttimes prescribe the opening of a vein; the evacuation of humors, yea and scarification. For such is the nature of things, that scarce any mischief can be cured without another; scarce any good may be acquired without diligent labor. They have the example of the people under Solomen, who refused not the grievous tributes imposed on them for the building of the Temple, and fortifying the Kingdom; because they judged those things to be imposed by the public Council, to the glory of God, the beauty and ornament of the Republic. They have likewise the example of Christ our Savior, who although he were the King of Kings, yet because he then sustained a private person, he paid tribute willingly. If the Nobles and Magistrates themselves favor apparent tyranny, or at least oppose it not, they may remember, that for the sins of the people, God suffers Hypocrites to reign; whom, unless they turn themselves to God with all their heart, cannot be overturned with any engines. Therefore there is no need of feet or hands, but bended knees. Finally, they must suffer evil Princes, wish for better, and think, they must bear that tyranny with a patient mind as they do hail, storms, tempests, and other natural calamities, or change their habitations. David retired into the Mountains, and spared Saul a tyrant, because he was none of the Nobles of the people: Christ, because he was not of this world fled into Egypt, to avoid Herod's tyranny. Paul, because he describes the office of private Christians, not of Magistrates, teacheth that they must obey Nero himself. But if all the Nobles, or most of them, or at least one of them endeavor to restrain apparent tyranny, or the Magistrate to drive it from that part of the Realm which is committed to him, if he be such a one, as under pretext of expelling it, may not introduce another tyranny; then verily assembling together, they may run who shall go fastest to this choice man, they may earnestly assist with their feet and hands, and as if God himself had given a sign from Heaven, of a fight against tyrants, endeavor to free the Kingdom from tyranny. For as God punisheth and chastiseth the people by tyrants, so likewise tyrants by the people: and that is a perpetual truth which Sirach saith; that Kingdoms are translated from Nation to Nation, for the iniquities, injuries, and wickedness of Princes; and that every tyranny continues but a short space. Thus the Captains and soldiers carefully executed all the commands of Jehoiada the High Priest, in revenging the tyranny of Queen Athaliah: Thus all the godly men of Israel went to the Maccabees, partly that they might defend the true worship of God, partly that they might free the Republic against the impious and unjust attempts of Antiochus; yea God favored their just endeavors, and gave them prosperous success, What then? May not God likewise out of private men themselves raise up some avenger of tyranny? Cannot the very same who raiseth up tyrants out of the people, backed with no title, no pretext, to punish the people, likewise raise up deliverers also out of the lowest of the people? Cannot the same who enthralled the people to Jabin and Eglon, deliver the same people by Ehud, Barac, Deborah, and as it were manumit them when they were deserted by the Nobles? What therefore should now hinder, thou wilt say, but that the same God who hath sent Tyrants on us at this time, should likewise extraodinarily send revengers of tyrants? Why, if Ahab rageth againt good men, if Jezebel suborn false witnesses against Naboth, shall not there be also a Jehu, which may extirpate the family of Ahab, who may avenge the blood of Naboth, who may cast down Jezebel to be torn in pieces of Dogs? Verily, what I have answered before, as nothing hath departed from the justice of God at any time, so not from his mercy. But yet since those evident signs, by which God was wont to confirm these extraordinary vocations of those Worthies, are for the most part wanting to us in this age, let the people take heed, lest whiles they seek to pass over Sea with a dry foot, some Impostor being their Captain, they fall not headlong into a gulf, which we read sometimes to have happened to the Jews: lest whiles they seek a revenger of tyranny, they perchance follow one, who, that tyrant being expelled, will translate the tyranny it self unto himself: lest finally whiles they seek to deserve well of the Common-wealth, they militate to the private lust of any; so as that may fall out which hath happened to many Republics, especially the Italian, whiles that they endeavor to remove the present evil, they bring in a far greater.
I shall close up this with three Authorities more; the first, of Mr. John Calvin, who pleads as much for obedience to Tyrants and unjust Magistrates as any man: Instit. lib. 4. c. 20. sect. 31. I always speak of private men: For if there be any popular Magistrates constituted to moderate the lust of Kings (such as heretofore were the Ephori, who were opposed to the Lacedaemonian Kings, or Tribunes of the people against the Roman Senate; or the Demarchi against the Athenian Senate, and which power peradventure, as now things stand, The three Estates in all Kingdoms enjoy, when they assemble) I am so far from in • ibiting them to withstand the raging licentiousness of Kings, according to their duty: that if they connive at Kings outrageously encroaching upon, and insulting over the inferior common people, I shall affirm, that their dissimulation wants not nefarious perfidiousness, because they fraudulently betray the liberty of the people of which they know themselves ordained protectors by God's ordinance. The second is, Fuldericus Zwingli: Explanatio Artic. 42. Quando vero perfide & extra, Regulam Christi (Principes) egerint, possint cum Deo deponi, consensu & suffragiis totius, aut certe potioris partis multitudinis. Quaeris quando id fiet, ut major pars populi bono consentiat? Ad hoc dico quod antea; si non consentiunt ut ma • um tollant, ferant jugum Tyranni, & demum cum eo per • ant. Nec querantur sibi fieri inju • iam, cum sua culpa id mereantur ut quidvis pati •• ntur. Quis ergo miretur si populus ob flagitia & scelera Principum paenas luat? Primum, cur non juxta naurae regulam cum proximo agimus? Sic enim omnes frat • es essemus, & Principe nullo esset opus. Deinde, cur non summo studio justitiam sectamur, & exosam habemus injustitiam omnes? Sic enim facile fieret ut unanimi consensu tyrannunt officio moveremus. Nunc cum tam • epidi sumus in tuenda justitia publica, sinimus ut impune vitia Tyrannorum hodie regnent. Merito ergo ab illis conterimur, & tandem cum illis luimus. Non ergo desunt viae per quas tyranni tollantur, sed deest publica justitia. Cavete vobis, O Tyranni, Evangelium enim Jesus Christi late sparsum vitam multorum innovabit ut innocentiae & justitiae plurimi studeant, cui & si vos studueritis, summo honor vos prosequantur, sin furere & vim facere perrexeritis, omnium pedibus concul • abimini. So he
The last is the general Union of the States of the united Provinces, to defend their Liberties and Religion, made at Brussels, the tenth of January 1577. thus related by Grimston in his History of the Netherlands l. 10. p. 492. 493.
The States seeing themselves engaged in war on all sides against the Spaniards, (who were proclaimed enemies to the Country) fearing some dis-union amongst themselves, by the enticing persuasions of such as sought to dismember them, they resolved, before that Don John should enter into the Country, to make a general union among themselves, as well Prelates, Noblemen, and Towns, as of others of the seventeen Provinces: which was allowed by the Lord's of the Council of State, deputed by the King, for the government general of the said Countries; whereof the Original remains in the custody of the States of Brabant. Of which Union, the Tenor followeth.
A general Union of the States.
WE who have signed these presents; Prelates, Church-men, Noblemen, Gentlemen, Magistrates of the King, Towns, Castles, and others, making and representing the States of the seventeen Provinces, being presently assembled in this Town of Brussels, and others, being under the obedience of the most high, mighty, and famous Prince, King Philip, our Sovereign Lord and natural Prince; we give all men to understand, both present and to come, That seeing our common Country afflicted by a more then barbarous and tyrannous oppression of Spaniards, we have been forced and moved to unite ourselves together, and with Arms, Counsel, Men, and Money, to assist one another against the said Spaniards, and their adherents; being declared Rebels to his Majesty, and our enemies. And that this union and conjunction hath been since confirmed by the Pacification last made; and all by the authority and consent of the Council of State, committed by his Majesty for the general government of the said Countries: And as the pretended end of this Union requires all fidelity, constancy, and natural assistance forever; and that we would not by any misprision have cause of jealousy or mistrust, and much less of any bad affection or disposition of any of us; but contrariwise, to have the affairs of the said Union effected with all the sincerity, fidelity, and diligence that may be, so as not any of the subjects and inhabitants of the said Countries and Province may have any just cause to be discontented, or to doubt of us:
For these considerations and reasons, and that nothing may be treacherously done, to the prejudice of our common Country, and just defense; or that omitted by negligence, which shall be necessary for our just and lawful defense; We have by virtue of our power and commission respectively, and otherwise for us and our successors, promised and do promise, by the faith of Christians, of honest men and true Country-men, to keep and entertain inviolably forever the said Union and Association; so as not any one of us may break or fall from it, by dissimulation, secret intelligence, or in any sort whatsoever. And that for the preservation of our holy, Catholic, and Romish Faith, and the accomplishment of the Pacification, as also for the expulsion of Spaniards and their adherents (with all due obedience to his Majesty) for the good and quiet of our Country, and the maintenance of our Privileges, rights, Freedomes, Statutes, Customs, and ancient uses: For the effecting whereof, we will use all means possible; employing both Money, Men, Counsel, and goods, yea and our lives, if it were necessary, And that none of us may in private give any counsel, advice, or consent, nor have any secret conference with them that are not of this Union, nor yet reveal unto them in any sort what hath or shall be treated of in this Assembly, o • resolved; but shall wholly conform himself according to our general and common resolution.
And in case, that any Province, Estate, Country, Town, Castle, or House, were besieged, assaulted, invaded, or oppressed in any sort whatsoever: yea, if any of us, or any others (having endeavored himself for his Country and the just defense thereof, against the Spaniards, or for other causes depending thereon, as well in general as particular) should be sought after, imprisoned, ransomed, molested, or disquieted in his person, and goods, honor, and estate, or otherwise; we promise to give him assistance by all the said means; yea, and to procure the liberty of them that shall be imprisoned, either by force, or other ways; upon pain to be degraded of their Nobility, Name, Arms, and Honor, and to be held perjured, disloyal, and enemies to our Country, before God and men, and to incur the note of Infamy and cowardice forever. And for the strengthening of this our holy Union of Association, we have signed these presents the tenth of January, 1577.
Underneath were the signatures of the Deputies of every Province, Prelates, Noblemen, and Commissioners for Towns; and underneath them, was written the agreation of the Council of State, as followeth: The Deputies of the general Estates here under-written, having required them of the Council of State, committed by his Majesty for the government of the Netherlands, to consent unto and allow of that which is contained in the Union above written: The Council, in regard of the said request, and the reasons therein contained, have as much as in them lay, allowed, and do allow by these presents, the said Union, according to the form and tenor. Made at Brussels in the State-house, in the Assembly of the said States, the tenth of January, 1577. And underneath was written:
By the commandment of the Lord's of the Council of State: Signed; Berrii.
If any shall here object; that Kings are of divine institution; whence, Dei gratia, (By the grace of God) is peculiarly annexed to their Titles; and not communicated unto Subjects. Therefore though they prove never so flagitious or tyrannical, they may in no wise be forcibly resisted, or questioned by their Nobles and Parliaments for their crimes.
I answer briefly (because I have elsewhere largely dissipated this objection) First, that Kings are no more of divine institution, then any other inferior Magistrates Officers, or Princes whatsoever; as the Scriptures abundantly evidence. But all other inferior Magistrates, Officers, and Princes whatsoever are resistible, questionable, censurable, and deposible for their tyranny, wickedness, and misgovernment by the Parliaments censure, as I have proved, notwithstanding their divine institution; therefore such degenerating Kings too, as well as they in such cases.
Secondly, all Ministers of the Gospel, are as much, (if not far more) Iure divino, and by God's own ordination, as Kings are; a truth undeniable confessed by all our Kings in their ordinary Writs to Bishops as the words, REX EADEM GRATIA, Episcopo, attest. But they for their offenses and misdemeanors contrary to their function, may be both forcibly resisted, censured, deprived, degraded, yea and executed, thnotith standing their divine right and institution; as the Canons of most Councils, we practice of all ages, yea, the express letter of the 26. Article of the Church of England, with all our Episcopal Canons and Canonists attest: Therefore tyrannical degenerating Kings may be so too, by the self-same reason, in some cases.
Thirdly, this Title of Dei gratia, in Public Writs, anciently hath been, and yet is common to Bishops, Prelates, inferior Magistrates, and Subjects, as well as to Kings; as sundry precedents in our Law books, Matthew Paris, Salon, with others attest, and Mr. John Selden in his Titles of Honor, part. 1. chap. 7. Sect. 2, p. 123. professedly proves at large, to whom I shall refer you: But these both lawfully may be, and always have been forcibly resisted, questioned, convented, deprived, censured for their tyranny and misdemeanors, notwithstanding this their style of Dei gratia, or pretence of divine institution: yea, we know that Bishops have been lately thrust out of many Churches, notwithstanding their long pretended Ius Divinum to support their Hierarchy; and John Gerson a Papist, hath writ a particular Treatise De Auferibilitate Papae, notwithstanding the Popes pretended Divine Title to his Monarchy, which may be now, and one day shall be totally abolished. Therefore tyrannical degenerous Kings, may be justly resisted, censured, deprived, as well as they, and royalties changed into other governments, by the people's and kingdoms common consents, if they see just cause.
If any secondly object: That Kings are annointed at their Coronation; Therefore their persons are sacred, irresistible, unquestionable, unpunishable, for any tyrannical or exorbitant actions whatsoever.
I briefly answer: first, that every Christians Baptism, (being a Sacrament of Christ's own institution) at least his spiritual unction and sanctification, (as I have formerly proved) makes a person as sacred, yea more holy, then Kings anointing (being no Sacrament) can, or doth of it self make the person of any King whatsoever. A truth which no Christian can without blasphemy deny. But Baptism, and the inward unction of the spirit of grace and sanctification, exempts no Christians from resistance, censure, punishments of all sorts, in case they commit any exorbitant or capital crimes; as experience tells us: Therefore Kings Coronation annoyntings cannot do it.
Secondly, Priests anciently were and at this day too in the Roman Church, are annointed as well as Kings; and so are children and si • ke persons (that I say not Altars, Bels, &c.) with Chrism and extreme Unction: But these Unctions confer no such immunity to Priests, children, sick men, others, &c. Therefore neither can this anointing do it to Kings, especially now, being no divine institution.
Thirdly, The anointing of Kings, is not common to all Christian Kings (many of them especially in former times, having been crowned without any anointing at all) but peculiar to Emperors, and to the Kings of Jerusalem, France, England, and Sictly, the four annointed Kings, only, as Albericus, Restaurus Castaldus, Antonius Corsetus, Azorius, Cassanaeus, and sundry others affirm, out of the old Roman Provincial: though some other Kings have now and then been annointed when they were crowned, as Mr. Selden Proves. Since therefore all Kings persons are reputed sacred, as well as these four who are annointed; and these Kings as soon as the Crown descended to them, even before their Unctions and Coronations were deemed as sacred and inviolable as before; it is certain, that their very enoyling of it self makes no addition to their personal immunities from just resistance, public censures, or deprivations for gross unsufferable public crimes.
Fourthly, the anointing of Christian Emperors and Kings is not very ancient. Charles the great being the first annointed Emperor it we believe Mr. Selden. The first annointed King in France, was Pipin about the year 750. the anointing of their Clovis the first, about they year 500. with that holy Vial of never-decaying Oil (reserved at Rheimes to annoint their Kings) which they say a Dove brought down from Heaven to annoint him with, (a ridiculous Monkish, fable, much insisted on by Bochellus and other French-men, who relate the grand solemnity used in the carrying and recarrying of this fabulous Vial, at the French Kings Coronations ) being not at his Coronation, as many fondly mistake, but only at his baptism, as Mr. Selden manifests by pregnant authorities; The anointing of Kings is far more ancient in England then in any other Realm, as Mr. Selden notes out of Gildas; yet Egfert is the first of whose anointing there is any intimation in our Histories, about the year 790. To add to the holiness of which ceremony, some of our Monks in latter ages have forged a Legend ( as good as that of the holy Vial at Rheimes) that the Virgin Mary gave to Thomas Becket, Archbishop of Canterbury ( during his exile under Henry the second) a golden Eagle full of precious Oil, enclosed in a stone vessel, commanding him to preserve it: foretelling him, that the Kings of England annointed with this Oil, should be Champions of the Church, and bountiful, and victorious as long as they had • his Eagle, & oil. How late the Unction of Kings began in other Realms, you may read at large in Mr. Selden; and how the later Kings of Judah were annointed, and with what unguent or Oil, the curious may read at leisure in Cunaeus. This anointing therefore of Kings being not of divine institution, of such puny date in most Realms, and no ways necessary nor essential to the constitution or Inauguration of any Christian King; can add no immunity, or privilege at all to the persons of Kings, much less exempt them from all forcible resistance, just censures, or deprivation it self, if there be just and real cause to proceed criminally against them in case of incorrigibility, as I have elsewhere more fully demonstrated, and therefore shall no further expatiate in this particular here: only I shall conclude with one notable History which proves it.
I read in Gulielmus Neubrigensis; that for an hundred years space and more, though there were a numerous succession of Kings in Norway, yet none of them ended his life by old age or sickness, but all of them perished by the sword, leaving the sovereign power of the Realm to their murderers, as to their lawful successors, so as to all those who are known to have reigned there for so long a time, that which is written might seem to have reference; Hast thou slain, and also taken poss • ssion? The Nobles of this Land out of a pious endeavor, desirous to heal this infamous mischief, obtaining now the vigor of a Law as it were through long custom, decreed, That the new King should be solemnly annointed with a mystical unction, and crowned, so as no man should dare from thenceforth to lay hands on the Lord's annointed: For till that time none in that Nation hath ever been consecrated King after an Ecclesiastical manner, but whosoever had Tyrannically slain a King, put on the person and power of a King thereby, and left the same likewise after a little fortune to his murderer, by a law of inveterate custom, which verily, out of acertaine Christian simplicity, was thought by many to have been therefore so frequently done, because none of the former Kings had deserved to be initiated with the solemnity of a Royal Unction. Therefore Haco being slain who had succeeded King J • ge slain by him, when the succession of the Crown seemed to belong to one Magnus a child, Nephew to J • ge, the Wisemen and Nobles of the Realm by a common Decree, caused the said child to be solemnly consecrated to be the Lord's annointed, and crowned with a Diadem. By which deed they thought that they had a Prince made sacred to them, and that the disgrace of the ancient custom was thereby abolished. But when Magnus had reigned some few years in great prowess and happiness, a most infamous Priest Suerus, surnamed Birkebain, usurped a Tyranny, twice defeated Magnus by warlike stratagems, and at last utterly routed and slew him in battle; (notwithstanding his anointing) and usurping the Crown, renounced his holy orders, married a wife, and would have been crowned by the Archbishop of that Land; but he being a great man, would neither be moved with prayers nor threats, to annoint an execrable head with sacred Unction, for which he was banished the Country: at last after two great victories against two competitors who were slain, Suerus obtained the Royal Crown, with mystical Unction, by the hands of a certain Bishop compelled thereunto under pain of death, as it were secure by his frequent successes, from the uncertain end of a long prospering tyranny, &c. By which History it is evident, that it is but a childish simplicity to believe, that the ceremony of anointing Kings can of it self make Kings persons sacro-sanct, or preserve them from violence or assassinations, since it no way prevented this mischief in this Realm, (nor yet in any other) the very first King for whose personal safety this ceremony of anointing and crowning was introduced among the Norwegians and Danes, being not long after slain by his Subjects and competitor in battle.
I shall close up this with the notable sentence of deprivation solemnly given and executed against Wenceslaus the Emperor, notwithstanding his anointing.
The sentence of Degradation and Deprivation of the Emperor Wenceslaus King of Romans, pronounced by the Electors of the Empire in the year of our Lord. 1400.
IN the name of God Amen: We John by the grace of God, Archbishop of the Church of Mainz, Arch-chancellor of the sacred Roman Empire throughout Germany, make known to all men present and to come. What various, manifold, and grievous, as well incommodities as discords, have for many years since been brought into the holy Church continuing even to this present, and daily sprouting up more abundantly to the most grievous convulsion, imminution, and dissipation of the sacred Roman Empire, (which ought to be a Garrison to the Church of God and the Christian world) as they cannot be all written, so the mischiefs daily increasing do manifestly enough teach and confirm. And for this cause the Lord's Electors of the sacred Roman Empire, the ardent petitions of the holy Church, Princes, Nobles, Cities, Provinces, and Subjects of the sacred Empire, entreating, desiring a prudent Moderator, have long agone very often and seriously, together with us admonished the most illustrious Prince Lord Wenceslaus King of Bohemia, both by their own and their friends labor, and finally by letters; and have diligently set before his eyes, privately and publicly, his unbeseeming and detestable manners and actions in governing, as also the defects, incommodities and discords of the said Church and Christian world, likewise the most grievous avulsions and diminutions of the members of the sacred Empire, hurtfully done, and permitted to be done, against the dignity of his name: to wit, that he hath not promoted peace in the Church, although the great necessity of the Christian world, as likewise his office of Advocate and Defender of the Church, earnestly required it, and he hath also been frequently desired, required, and admonished to do it: he notwithstanding perniciously mutilated the Empire, and permitted it to be maimed in some members. In the number whereof are Milan, and the Province of Lombardy, which were of the right of the same Roman Empire, most ample emoluments returning thence to the Empire: in which Dominion the Millainer, like a Minister, enjoyed it as a part of the Roman Empire; when as He, contrary to that which became his sublimity and dignity, receiving money, created a Duke of Milan, and an Earl of Papia. Moreover, he hath alienated divers Cities and Lands belonging to the Empire, as well in Germany as in Italy, some whereof had returned to the same, having little consideration, that he ought to retain them with the sacred Empire.
Moreover, he hath sold for money to his friends, very many naked and unwritten Parchments, ratified notwithstanding with the Seal of his Majesty; wherein it was lawful both for them and others into whose hands these Parchments came, to write what things they pleased under the royal Seal. Out of which thing, for the hurtful diminution and dissipation of the rights and emoluments of the sacred Roman Empire, great complaints are risen up. Moreover he never had any care of the controversies and wars, which (alas for grief!) have • iserably afflicted and ruined Germany, and other lands of the sacred Empire. Hence spoylings, burnings, and robberies have sprung up, with such lamentable increases even at this day, that none, neither Clerks nor Laics, neither husbandmen nor Merchants, neither men nor women, whether by land or sea, may converse in safety. Temples, Monasteries, and religious houses, which the sacred Empire ought with its hand to assist and defend, are exposed to rapines, and burnings, and reduced to destruction. Things are gone to this pass, that everyone might have handled, and may even now handle another at his pleasure, against the reason of right and equity, without any fear of the sacred, and long despised Imperial authority, so as even the place of conventing any one, where the defense and patronage of right may be undertaken in the name of the Empire, is altogether unknown. Finally, which is horrible and dreadful to be spoken, both with his own hand, and the hand of other wicked instruments he hath with him, he hath put to death, drowned in the waters, burned in the fire, miserably and cruelly destroyed, the reverend Bishops of holy things, Priests, and spiritual Pastors, likewise many other men of honest note, against the rule of right, otherwise then became the King of Romans. Which mentioned things verily, and many other grievous wickednesses and damages are so divulged and openly known, that they can be no ways excused or concealed. Therefore we, as we have fore-written, have frequently very earnestly beseeched, admonished, and required him, that renouncing this unbeseeming kind of life, he would take the study and labor to himself, whereby he might recover to the holy Church, ofttimes imploring his aide, as King of Romans, and her Advocate, peace and tranquility, and to the sacred Empire, its prestine honors, Dominions, and finally its emoluments; to the assistance and consolation of the Christian world, grievously debilitated and oppressed in this regard.
Now albeit we have most clearly explicated to the foresaid Lord Wenceslaus, and exhibited to him in writing, these and other more grievous defects, concerning him as King of Romans, and the Empire; yet having heard his answers, and having reiterated our serious exhortations, moreover having communicated the business to the sacred Roman Sea, we have never as yet found him, to have amended his manners as became a King of Romans; namely to recover peace to the Church, principally n • cessary to the Christian world; also to the sacred Empire, its dignities, lands, and Dominions: a thing which is most notoriously known throughout all the Provinces of the Empire.
Therefore because we could no longer neither conceal, nor endure the remembered and many other defects, touching the sacred Church and Empire, with grievous loss and mourning; by reason of the instant petitions of the persons aforesaid, but especially by reason of the Oath wherewith we are obliged to the same, as the next superior members of the sacred Empire; therefore as of bounden duty, we were to advise and endeavor how the sacred Empire might be more rightly and wholesomly provided for, (by whose mad and negligent administration those inconveniences have crept in) to the safeguard and consolation of the Christian world. And verily as He in obeying us, had performed an acceptable thing, so we have sufficiently and seriously called and cited him, so as we have signified to him; that unless he should be present at the place and day appointed, it would come to pass, that both in respect of the petitions exhibited to us, as likewise in respect of our Oath, we should be compelled to take and enter into such counsels, whereby the sacred Empire might be better settled: most clearly attesting it in our letters. For this purpose we appeared at the place and time prescribed, together with our Coelectors sufficiently summoned, also with the other Princes and of the sacred Empire, expecting from day to day, whether the foresaid Lord Wenceslaus would appear, to apply a remedy to the foresaid diseases, and from thenceforth more rightly to consult about the affairs of the sacred Empire. But he neither vouchsafed to appear, nor yet to send any one to us in the name of a Proctor. Wherefore when as by reason of so many pregnant and pernicious defects, we had admonished and reproved him very often in private and in friendly manner, but after that, when we could do no good, before the Princes and Nobles, and Cities of the Empire, in divers Assemblies, not without great and grievous expenses, yet without any fruit; therefore we referred all the fore-mentioned things to the sacred Roman Sea. But when as neither then, he no whit regarded all those things, we could conjecture nothing else from thence, but that he had laid down the care both of the Church and Christian world, but especially of the sacred Empire. Therefore resolving, that this mischief, destructive to the whole Christian Republic, was by no means to be any longer borne and tolerated, with a mind well confirmed, after many and various debates and consultations, both between ourselves, as also with other Princes and Nobles of the sacred Empire, seriously had, for the safety of the Church, the consolation of the Christian world, the honor and profit of the sacred Empire, we have thought meet, that the foresaid Lord Wenceslaus, should at this time be wholly removed from the Roman sacred Empire and all its dignity, as one that is negligent and a destroyer of the Empire, and unworthy of it.
Therefore we John, Archbish. in the name of the foresaid Lord's Coelectors of the sacred Empire, and our own, moved both with the commemorated, as also with many other notable defects and causes, by this our sentence, which we give and pronounce by this our present writing, DEPRIVE and REMOVE the foresaid Lord Wenceslaus, as an unprofitable, negligent waster, and unworthy Defender of the sacred Empire, from the foresaid Roman Empire, and from all his degree, dignity, and Dominions appertaining to the same: denouncing to all the Princes, Nobles, Knights, Gentlemen, Cities, Provinces and Subjects of the sacred Roman Empire, that they are altogether free from all homage and Oath made to the person of Wenceslaus in the name of the Empire: requiring and admonishing them under the faith of the Oath, wherewith they are obliged to the sacred Empire, that they do not henceforth, obey, and submit to the said Lord Wenceslaus, as the King of Romans, nor exhibit or suffer to be exhibited to him any right, obedience, tribute, rent, or any other revenue, by what name soever it may be called; but reserve the said duties, for a profitable and idon • ous King of Romans, hereafter to be substituted by God's gracious assistance.
In assurance and testimony of all which things, We John Archbishop of Mainz, have caused this present Instrument to be made by the subscribed Notaries, in this patent form, and our great Seal to be affixed thereunto. This premised sentence was read and pronounced by us John Archbishop of Mainz, in our name, and the names of the Lord's, Coelectors before remembered, under the Castle Lonstein at the Rhene, in the Diocese of Triers, reaching towards Brubachium, out of a public Throne, erected for the use of a Tribunal, the Lord's Coelectors sitting there in judgment, in the year of our Lord's Incarnation, 1400. the eight indiction, on Saturday the twentieth day of the month of August, a little before the time of the Nones; in the eleventh year of the Papacy of our most holy Father and Lord in Christ, Lord Boniface the ninth, Pope, by divine providence; in the presence of the most illustrious Princes and Lord's, John, son of the most illustrious Prince and Lord Rupert, Duke of Bavaria and Count Palatine of Rheine, Frederick Burgrave of Norimberge, the Noble Philip Lord of Nassau, and Sarbrucke, Emichon of Luringen, John of Zigenhaim, Cunrade Burgrave, our Canon of Mainz, Earls: Bernhard of Westerburg, John of Limpurge, Rinehard of Honowe, Barons: Mr. Nicholas Berwin of the sacred Page, John of Witenburg, and Nicholas Burgman, of the Decrees; Mr. Herman President of Saint Gerion of Colen, Doctors of the Law: likewise the valiant Knight Sigfride of Lindow, our Vice-Commander in Ringaugia; John Bossen of Waldeck, our Buggrave Beckelnheim; and our trusty Henry Rulman, of Dadenberg, Gerard of Emerberg, Lord in Lantscron, Frederick of Sachenheim, Culman of Con • ren, John of Dalburg, Rudolfe of Zei •• ikon, as also many other Lord's, Knights, and Gentlemen, spiritual and secular, standing by in great number, called and requested to the things above written.
And I Nicholas Berchtoldi Fridberg, Clerke, public Notary of the Diocese of Mainz, by Episcopal and Imperial authority, and sworn Scribe of my foresaid most gracious Lord, Lord John Archbishop of Mainz, because at that time I was personally present when this sentence which we have fore-writ, was given and pronounced, together with the public Notaries and witnesses commemorated, and saw and heard all these things to be done; therefore at the command and request of my foresaid most gracious Lord of Mainz; have reduced this public instrument faithfully put in writing, into public form, and have subsigned and ratified it with my accustomed sign of Notariship, having likewise annexed the great Seal of my foresaid Lord of Mainz, in assurance and testimony of all the premises.
The names of the Notaries are,
- Nicholaus Berchtoldi Fridburgensis.
- Johannes Meier junior Gasterveidensis.
- Conradus a Leiborn, Clerious, Padebornensis diaecesis.
- Henricus S • alberg Rotenbergensis.
- Tilmannus a Honberg.
- Conradus Coler Zus • ensis, Coloniensis diaecesis.
Finally, it is evident; that the Nobles, Magistrates, Parliament, and representative body of the people, or some part of them in default of the rest, may lawfully take up defensive arms to resist their Princes, endeavoring to abrogate the Law of God, to waste the Church, and exti • pate the true Religion settled among them by the Laws, and usher in Idolatry. And, that in such a case as this, neighbor Princes and States lawfully may, yea and ought in point of conscience, to aide the Subjects of other Princes, afflicted for the cause of pure Religion professed by them, or oppressed by open Tyranny.
These propositions are largely and professedly debated by Junius Brutus in his Vindiciae contra Tyrannos: quaest. 1. 2. &. 4. throughout, in the Treatise entitled De Iure Magistratus in Subditos, spent wholly in this Theame. Georgius Obrectus: Dispute. Iurid. de Principiis Belli. Num. 125. to 199. by Vasquius. Contr. Illustr. 36. n. 30. and elsewhere, by Alhericus Gentilis, and sundry others forecited: I shall only fortify the later part thereof, with the observation of the Duke of Rhoan, who acquaints us; that it is, and hath been of later years the very true interest, honor, and greatness of the Kings and Queens of England, both in point of policy and Religion, to protect and assist with arms all Princes of the Reformed Protestant Religion, in France, Germany, and other parts; as it is the true interest of the Kings of Spain, to protect and relieve all oppressed or grieved Roman Catholics under the Dominion of other Princes: and that their honor, safety, and greatness principally consists in the observation and maintenance of this their interest: and with the words of Junius Brutus; who thus states and debates the Question.
An Iure possint, aut debeant Vicini Principes auxilium ferre aliorum principum subditis, religionts causa afflictis, aut manifesta ty • annide oppressis?
In defining this question (saith he) there is more need of conscience, then science, which would be altogether idle, if charity obtained its place in this world. But because as the manners of the times are now, there is nothing more dear or rare among men, then charity it self, we think meet briefly to discuss it.
This Church as it is but one, so likewise it is universally and entirely committed, commended to all Christian Princes severally: For because it had been dangerous to commit the whole Church to any one; and to commit the several parts thereof to particular persons, had been clearly contrary to its unity; God hath committed all of it to every of them, and its particular parts to any of them: Nor yet so, as that they should only defend it; but also, that they should have a care to propagate it, as much as they are able. Therefore if the Prince of the Country, takes care of one part thereof, perchance the German or Engl • sh; but yet deserts and neglects the other oppressed part, if he be able to relieve it; he is judged to have deserted the Church, since the spouse of Christ verily is but one, which he ought to defend and protect with all his might, lest it should be violated or corrupted anywhere. The instauration of this universal Church as private men are bound to promote with bended knees, so Magistrates, I say, are obliged to do it with their feet, hands, and all their strength. Neither is the Ephesian Church one, the Colossian auother, and the rest; but all these particular Churches are parts of the universal; now the universal is the Kingdom of Christ, which all private men ought to desire; but Kings, Princes, Magistrates, are bound to amplify, dilate, defend, and propagate everywhere, and against all whomsoever. Therefore among the Jews there was one only Temple built by Solomon, which represented the unity of the Church. Now he should be a ridiculous Churchwarden, and to be punished, who should take care only to preserve one part safe and sound, but suffer the rest to fall to decay; likewise all Christian Kings when they are inaugurated, receive a sword, of purpose to defend the Catholic or universal Church; which taking into their hand, they point out all the quarters of the world, and brandish it towards the East, West, South and North, lest any part thereof should be thought excepted. Since then they receive the protection of the Church in this manner, without doubt they understand the true, not false Church. Therefore they ought to do their endeavor to defend, and to restore entirely, that Church, which they profess to be true and pure. Now that thus it was observed by pious Princes, examples may teach us. In the time of Hezekiah King of Judah, the Kingdom of Israel was long before enthralled to the King of Assyria, to wit, from the time of King Hoshea: therefore if that Church of God only which is in the Kingdom of Judah, and not also the universal, had been committed to Hezekiah; and if the bounds of the Realms had been to be kept in defending the Church, in the same manner as they are in imposing tribute; without doubt Hezekiah, especially at that season wherein the Assyrians enjoyed the Empire of the world, would have contained himself: But we see that he invited by posts all Israel, the subjects, I say, of the King of Assyria, to celebrate the passover in Jerusalem; and moreover that the godly in Israel helped them in pulling down the high places, even in the territories of Ephraim, Manasseh, and the rest. So likewise we read that King Josiah, a most godly Prince, purged not only his own Kingdom, but the Realm of Israel likewise, then wholly subject to the King of Assyria, from the worship of Idols. Verily where the glory of God, where the Kingdom of Christ are in question, no limits, no bounds, no rails ought to exclude or keep off the zeal of pious Princes. But if peradventure some greater fear hangs over their heads, they may remember by the example of these, that those who truly fear the Lord, can fear no man. These examples of pious Princes, since the time that the Church, which was first circumscribed in Palestine, hath been spread over all the world, many Christian Princes have followed: Constantine and Licinius were both Emperors, he of the East, this of the West: they were likewise colleagues endued with equal power: Now it is known, what is commonly spoken; That one equal hath no Empire over another equal: Yet notwithstanding Constantine made war with Licinius: who being vexed, slew the Christians, and among them many of the Nobles, either for the cause, or for the pretext of Religion; by force obtains free profession of Religion for the Christians; and finally breaking his faith, and reverting to his pristine cruelty, he commanded him to be put to death at Thessalonica. This I say did Constantine the great, whose piety is so much celebrated by the Divines of that age, that some of them will have that spoken of him, written in the Prophet Isaiah; That Kings should become nursing fathers and Pastors of the Church. He being dead, the Roman Empire was divided between both his sons by equal right, no prerogative being annexed to either of them. Of them, Constance fostered the Orthodox, Constantius the elder, the Arians; and he verily expelled Athanasius the enemy of the Arians, out of Alexandria. Truly, if any rules of bounds ought to have been kept, it ought to have been between brethren: Yet in the mean time Constance threatened his brother, if he restored not Athanasius; being ready to do it by force, unless Constantius had speedily restored him entirely; Now if so be he doubted not to do this, only for the restoring of one Bishop, might he not much more justly do it, where some part of the people is oppressed, when they implore assistance, when they desire to defend their Religion by the Nobles approbation? So likewise Theodosius, by the persuasion of Bishop Atticus undertook a war against Chosroes King of Persia, that he might relieve the Christians persecuted for Religion sake, although they were truly private men, which surely those most just Princes, who enacted so many Laws, and who had so great a care of Law, had never done, if they had imagined, that by this their Act others territories and the Laws of Nations had been violated. Yea, to what end were so many expeditions of Christian Princes into Syria against the Saracens; to what end were those Saladinian Dismes so oft imposed; to what end so many social wars against the Turks, so many Crossadoes indicted against them, if it be not lawful for any Christian Princes, even the most remote, to free the Church from Tyranny, and Christian captives from the yoke of bondage? Now with what arguments were they impelled to the war, with what reasons were they urged? unless these, that the Church was one? that Christ called all whatsoever from all quarters to this service? that common dangers were to be repulsed with common arms? all which likewise do plainly suite with this our cause. Now and if this were lawful for them against Mahomet; yea, not only lawful, but likewise as a reward was appointed to the industrious, so a punishment both to the slothful, and delayers; why not also against the enemy of Christ? If I say, against the Grecians be • ieging our Troy; why not also against Sinon the incendiary? Finally, if it be a pious act to free Christians from bodily servitude, (for the Turks compel no man to it) is it not much more so, to manumit the souls of miserable men, and to restore them to liberty? And verily these so many examples of pious Princes may be instead of a Law. But now hear what God himself by the mouth of his Prophets doth everywhere threaten against those, who promote not the instauration of the Church, or neglect its affliction. The Gadites, Reubenites, and half Tribe of Manasseh, desire of Moses that their portion might be given to them and their families on this side Jordan: and Moses truly gave it them; but with this Law and condition; that they should not only help their brethren, the other Israelites, in conquering the Land of Canaan, but, because they had first obtained their portion, that they should go before them, and be placed in the forefront of them: Which if they should not do, he accurseth them, smites them with anathema, and compares them to those who had been judged Rebels at Cadesbernea: For what? saith he, shall your brethren go to war, and you in the mean time sit still here? But rather you shall pass over Jordan, neither shall you return again hither to your houses before that God hath expelled his enemies from before his face, and given rest to your brethren, as he hath given unto you: Then verily you shall be innocent before the Lord of Israel; verily those on whom the great and good God hath bestowed so great a benefit, unless they assisted their Brethren, unless they were companions of their labors, unless they went before them, should without doubt receive most grievous punishments.
Likewise, when under the conduct of Deborah, those of Naphtali and Zebulon had taken up arms against the Tyrant Jabin, and in the mean time the Tribe of Reuben, which ought to be first in Arms, delighted themselves with the Pipes among the Pastures of the flocks, Dan boasted of the Empire of the Sea, Asher finally trusted in the asperity of Mountains, all of them are most expressly condemned by the Spirit of God, speaking by the Prophetess; Curse ye Meroz, saith the Angel of the Lord, curse ye bitterly the Inhabitants thereof, because they came not to the help of the Lord against the mighty. But blessed above women shall Jael the Wife of Heber the Kenite be, who (although she might have pleaded a truce with the heathens) yet notwithstanding she slew Sisera, the Captain of the enemies Hoast. Therefore piously spake Uriah, The Ark, and Israel, and Judah abide in tents, and oft times pass the night without sleep in the open fields; shall I then feast with my Wife, eat, drink, and follow my pleasures? As the Lord liveth, I will never do this. Contrarily the Princes of Israel did impiously, who trusting in the difficulty of the mountains of Samaria, and in the munition of Zion, flowed with luxury, feasted, drank, slept on beds of Ivory, anointed their heads; but in the mean time wonderfully despised contrite, cruciated, afflicted Joseph, neither were any way moved with his affliction. Therefore saith the Lord of Hosts, I abhor the excellency of Jacob, and hate his palaces; I have sworn by my soul that I will deliver up the City; and all that is therein, yea, these who so greatly rioted shall soon go with the first into captivity. Impiously also did the Ephraimites, who did not only not gratulate Gideon and Jephtha, attaining the victory and triumphing, but likewise envied them, though yet they deserted them when they were in danger. Likewise the Israelites, who when David reigned, cried out; saying: Behold we are thy flesh and thy bones; when he was reduced into straits, said: We have no part in David, nor in the Son of Jesse. Impiously do all those Christians only in name, who will communicate in the sacred feasts of the Church, and yet will not so much as taste the cup of bitterness with their Brethren, who seek salvation in the Church, and yet take no care for the salvation and safety of the Church and of its Members. Finally, they acknowledge one Father, God; one Family, the Church; profess themselves to be one body in Christ; yet neither yield any aide to Christ afflicted in his Members, or bestow their wealth on him being poor. What think we shall be the future punishment of their impiety? Moses compares the deserters of their Brethren, to the Rebels at Kadesbarnea: now none of those by God's own decree, entered into Canaan. Therefore they can seek no place for themselves in the co • lestiall Canaan, who assist not Christ most miserably crucified, and dying a thousand times every day, and implores as it were their help from door to door. Christ himself condemns those to eternal fire, who harboured him not when he was a stranger, who fostered him notwhen he was a cold, who clothed him not when he was naked, who relieved him not when he was poor, who freed him not when he was captive. Therefore they ought to know, that eternal fire is prepared for them, who pass him by with a deaf ear daily, suffering such things, although in the mean time they may seem to work great miracles; and therefore verily it shall be easier for certain insidels, than for them; For what do the Jews, the Scribes and Pharisees properly cruci • ie Christ? Do the Ethnics, Turks, • inally some Christians, persecute, crucify, vex Christ in his Members? The Jews profess and believe him an Imposter; the Ethnics a malefactor; the Turks an In • idell; others an Heretic. Therefore if they consider the mind of them all, from whom we commonly measure the crime, they all seem to persecute noxious, impious men deserving punishment, not properly to slay Christ; But they only do truly persecute, truly slay him, who willingly suffer him whom they profess their Messiah, Redeemer, God, to be tortured and crucified in his Members, when they might hinder it. In sum; he who delivers him not from death, when he may, is equally guilty with him that slays him: For because he would not help him, he willed he should be slain; Now in a crime the will it self ought to be regarded. But certainly, the murder, especially of Christian Princes, who help not those who are persecuted for Religion, is so much the more grievous, by how much the more they slay, whom they might set free, and by how much it is more wicked to slay a brother, than any other person. A wickedness more horrid than that of the Tyrants themselves; by how much it is worse to slay a good, just, pious, innocent man, than a Thief, imposter, • orcerer, Heretic; more flagitious to assault God, than any man: and finally, by how much perfidiousness in an equal fact exceeds ignorance.
But whether shall it be lawful to determine the same of those, who give no assistance to those who are oppressed with Tyranny, or defend the Republic against Tyranny? since a reason cannot be given of so s • raite an alliance, of so strict a Covenant; when as, I say, we do not here discourse of the Church, which is but one of all men; which being one and universal, is committed to everyone; But of the Republic, which may be different from that of others; and being different, is committed severally to others? A Neighbor, saith Christ, is not a Jew to a Jew only, but to a Samaritan, and to any man. Now we ought to love our Neighbors as ourselves. Therefore a Jew, if he would discharge his duty, is bound to deliver from a thief, if he be able, not a Jew only, but likewise every stranger, yea likewise one unknown. Neither will any one dispute, whether it be just to defend himself; seeing verily it is more just to defend another than himself in this respect, wherein things are more just, which mere charity doth, than those which either anger, or revenge, or other perturbation of the mind do: and no man holds a mean in revenging his own injuries; but in other men's, although more grievous, even the most immoderate may hold a mean. But we may learn from the heathens themselves, what human society, and what the common nature of all men require of us in this thing. For Cicero saith, there is one nature of all men; that even nature it self prescribes this, that a man ought to take care of a man, whoever he be, even for this very cause, that he is a man. If otherwise, all human consociation must necessarily be dissolved. Therefore, as there are two foundations of justice: first, that no hurt be done to any; next, that the profit of all, if it may be done, be advanced: So also there are two kinds of injustice; one of those who offer injury; the other of those who propulse not wrong from those to whom it is offered, if they be able. For he who doth unjustly against any one, incited either by anger, or other perturbation, he seems as it were to offer violent hands to his companion; but he who doth not defend, or resist an injury if he can, is as much in fault, as if he deserted either his Parents, or Friends, or Country. So that what the one doth, anger is judged to do, which is reputed a short fury; what the other, an evil mind truly, which is a perpetual tyranny. And however his fury may be excused, the others destinated counsel can by no means be excused. Thou wilt say, I fear that while I repulse an injury from him, I should do an injury to the other. Yea verily, thou wilt cover thine injustice with a pretext of Justice; Whereas if thou consultest with thyself, not justice moves thee to desert thy duty, but rather some other cause. For, as he saith in another place, either thou wilt not undertake enmities, or labor, or cost; or else thou art so hindered with negligence, slothfulness, idleness, or with thy studies, or certain employments, that thou sufferest those to be deserted, whom thou oughtest to protect. But while thou sayest, thou dost thine own business, lest thou mightest seem to do wrong to any, thou runnest into another kind of injustice. For thou desertest the society of life, because thou bestowest on it nothing of thy study, nothing of thy pains, nothing of thy goods. These things Ethnics, Philosophers, and Politicians hold, truly more piously than many Christians in this age. Hence a neighbor is bound by the Laws of the Romans, to take away a servant from a cruel Master. But among the Egyptians, he who had casually found a man to be beaten by Thieves, or to suffer any injury, and had not rescued him, if he could, was guilty of death: if not, he was bound to accuse the Thieves before the Magistrate: Which if he had neglected, he was beaten with a certain number of stripes, and punished with a three days fast. Now if this verily be lawful in one neighbor towards another, yea, lieth upon him out of duty to assist everyone he meets against a Thief; shall it not be much more lawful to a good Prince, not only to aid and patronize servants against a raging Master, or children against a furious Father; but a Kingdom against a Tyrant, a Republic against the private lust of one man; a people, a Lord, I say, against a public servant and agent? Yea, verily, if he shall neglect it, shall not he merit the name and punishments of a Tyrant, as the other of a thief? Hence Thucydides saith, Not only those are tyrants who reduce others into servitude, but much rather those who when they may repulse that violence, take no care to do it: but especially those who will be called the defenders of Greece and the Common Country, but yet help not their oppressed Country: and rightly; for a Tyrant is in a sort compelled to retain violently the Tyranny which he hath violently invaded; because, as Tiberius said, he seemeth to hold a Wolf by the ears, which he cannot retain without force, nor yet let go without danger. Therefore that he may extinguish one crime with another, he commits many wickednesses, and is compelled to injure others, lest he should be injurious to himself. But that Prince who idly beholds the wickednesses of a tyrant, and the ruin of the blood of innocents which he may hinder, because he doth as it were take pleasure in the gladiatory sport, is by so much more criminous than the Tyrant, as he who sets sword-players to fight, is guiltier than the man-slaying Gladiator; as much as he who slays a man for pleasure sake, is more criminous than he who doth it by constraint, or out of fear or necessity. If some oppose; But it is a fault for any to intermeddle with, or thrust himself into another's business: Terentian Chremes may answer; I am a man, I think no human thing strange unto me. If others (that they may seek lurking holes for their impiety) object; that there are distinct limits, distinct jurisdictions; now it is not lawful to thrust a sickle into another's Corn: Neither truly do I advise, that by this pretence thou shouldest invade another's territories, usurp another's jurisdiction to thyself, draw thy neighbors corn into thine own floor, which most do under this pretext. I do not say, that by the example of that arbitrator, of whom Cicero, thou thyself shouldest judge the thing controverted to thy self; but rather that thou shouldest restrain a Prince invading the Kingdom of Christ, contain a tyrant within his limits, stretch out an helping hand to an afflicted people, and a prostrated Commonwealth; But thou must do it in such sort, that thou mayest not look after thine own profit, but the good of human society altogether. For since Justice wholly looks abroad, injustice only regards it self, thou shalt at last do this justly, if thou shalt have no regard of thine own profits. Briefly, if a Prince violently passeth over the fixed limits of piety and justice, a neighbor may piously and justly leap over his limits, not that he should invade another's, but that he should bid him be content with his own: yea, he shall be impious and unjust, if he neglect it. If a Prince exercise tyranny over the people, he may no less, or less slackly assist them, than him, if the people should move sedition: yea, he ought to do it the more readily, by how much it is more miserable, that many suffer, than one. If Porsena reduce Tarquin the proud to Rome, much more justly may Constantine, sent for by the people and Senate of Rome, expel Maxentius the Tyrant out of the City. Finally, if a man may become a Wolf to a man, nothing truly forbids, but that a man may be a God to a man, as it is in the Proverb. Therefore antiquity hath enrolled Hercules among the number of the gods, because he punished and tamed Procrustes, Busyris, and other Tyrants, (the pests of mankind, and monsters of the world) in every place. So also the Roman Empire, as long as it stood free, was often called, The Patrocinie against the Robberies of Tyrants, because the Senate was the haven and refuge of Kings, People, Nations. So Constantine sent for by the Romans against Maxentius the Tyrant, had God the Captain of his Army, whose expedition the Universal Church exalted with powerful praises; when yet Maxentius had the same authority in the West, as Constantine in the East. Likewise Charles the Great, undertook a War against the Lombardes, being called by the Nobles of Italy to their aide, when as yet the Kingdom of the Lombards was long before established, and he could claim no right to himself over them. Likewise, when Charles the Bald King of France, had by Tyranny taken away the President of that Country, which lieth between Seine and Liger, Duke Lambert, and Iamesius, and the other Nobles of France had fled to Lewis King of Germany, Charles his Brother by another mother, to crave aide against Charles and his mother Judith, a most wicked Woman: He in a most ample Assembly of the Germane Princes, heard these suppliants, by whose unanimous Counsel, a war was publicly decreed against Charles, for to restore the exiles. Finally, as there have been some Tyrants in every place, so likewise among all Historians there are everywhere examples extant, of tyranny revenged, and people defended by neighbor Princes; which the Princes now at this day ought to imitate, in curbing the tyrants both of bodies and Souls of the Republic, and of the Church of Christ, unless they themselves will be named Tyrants, by a most deserved right. And (that we may at last conclude this Treatise in one word) piety commands the Law of God to be observed, and the Church to be defended justice, that Tyrants and the subverters of Law and the Republic should be curbed; charity, that the oppressed should be relieved, and have a helping hand extended. But those who take away these things, take away piety, justice, charity from among men, and desire them to be altogether extinguished. So he:
If this then be an irrefragable verity, that foreign States and Princes are so far obliged to assist and relieve those of the same Religion, and all others whose liberties, rights, privileges, are forcibly invaded (which our Parliament and State by their assistance, of the Netherlands and other Protestant States, both in Quaene Elizabeth's, King James, and King Charles his reign, approved and justified both by words, Acts of Parliament, and real performances) then certainly those of the self-same Church, Nation, Kingdom, and fellow Subjects, under the self-same Prince, between whom there is a far nearer relation, much stricter obligation, and more strong engagements, ought mutually to aide and assist each other to the uttermost of their abilities, when their Religion, Laws, Liberties, be violently invaded, their dearest native Country wasted, sacked, plundered, burned, ruined, in a hostile war-like manner, with open force of Arms, either by the King himself, or a prevailing Malignant Popish faction, who have surreptitiously possessed themselves both of his person and affections which they have gotten into their own over-ruling power. How much then it now concerns every real Protestant within this Realm of England, and all other his Majesty's Dominions to unite all their common forces together, unannimously to protect, defend, maintain, and propagate our established reformed Religion, fundamental Laws, Liberties, the very Privileges of Parliaments, their estates, liberties, lives, the peace, welfare, and common good of their dearest native Country, and our three united Realms against all Popish Malignant forces now in arms to invade, eclipse, impair, subvert, sack, ruin them; and how monstrously, unnaturally, unchristianly, and detestably impious, treacherous, per • idious, all those English, Irish, and Scottish Protestants proclaim themselves to the present and future age, who now traitorously join their forces with the Malignant Popish party, or prove uncordiall, false, treacherous, and perfidious to their Religion, Liberties, Country, and the Parliment (who have not only waged, employed, but confided in them) and contribute their uttermost endeavors to betray, enslave, undermine, and to sack, burn, and totally overturn them (as many we find have done to their eternal infamy) I here refer to every man's judgment and conscience seriously to determine. Certainly such unnatural monsters, such traiterous Judasses, such execrable infamous Apostates as these, can expect no other real remuneration of this their treachery and perfidiousness, but the ruin of their credits, the detestation of their persons, memories; the confiscation of their estates, the extirpation of their families, the execrations of all good men, the severest judgments of God, and utter confusion with horrors of conscience tormenting them constantly day and night, whiles they continue languishing under all these miseries here, and the sharpest torments, the very largest punishments, the hottest flames in hell forever hereafter: and those Antichristian Papists who now are and have been so faithful, active, zealous, courageous, industrious, liberal, bountiful, if not prodigal to prosecute their own interests, designs, to maintain and propagate their false, erroneous, detestable Religion, superstitions, idolatries, both in England and Ireland with the effusion of their blood, expense, and forfeiture of all their estates, and never yet deserted, or became treacherous to their false execrable cause or Religion in the least degree, shall all jointly rise up in judgment against them, both here and hereafter, to their sempiternall infamy, reproach, and most just condemnation. O consider this all ye who now so much forget, neglect, betray both your God, your Christ, Religion, Laws, Liberties, Country, Parliament, yea your very selves, your souls, bodies, estates, posterities; Consider with yourselves the bitter curse denounced by God himself against Meroz, Judge. 5. 23. Consider the fatal, dismal end of treacherous Iud • s, Matth. 27. 3. 4, 5. Acts 1. 18. 19, 20. Consider that dreadful speech of our Savior Christ, Mark 8. 35. 36, 37, 38. Whosoever will save his life shall lose it, but whosoever shall lose his life for my sake and the Gospels shall save it. For what shall it profit a man if he shall gain the whole world and lose his own soul? or what shall a man give in exchange for his soul? Whosoever therefore shall be ashamed of me and of my word, in this adulterous and sinful generation; of him also shall the son of man be ashamed when he cometh in the glory of his Father, with the holy Angels. * If we suffer with him, we shall also reign with him; if we deny him, he will also deny us: If we be but fearful in the cause of Christ, we shall be sure to have our part in the lake that burneth with fire and brimstone, Rev. 21. 8. O what then will be our portion, if we be unzealous, negligent, perfidious, to it, or professed enemies (especially in open arms) against it, when it cries out to us for our necessary assistance every where? If Jesus Christ will render tribulation to them which do but trouble his people; yea, and shall be very shortly revealed from Heaven, with his mighty Angels, in flaming fire, taking vengeance on all them that (only) know not God, and that obey not the Gospel of Jesus Christ, who shall be punished with everlasting destruction from the presence of the Lord, and from the glory of his power, 2 Thes. 1. 6. to 10. O where shall all those ungodly sinners, Rebels, and Traitors appear, who now everywhere murder, plunder, persecute, extirpare God's dearest Saints; and not only refuse to own, but even desert, betray the cause of God and their Country? who refuse not only cordially to maintain the very truth of God, the Gospel of Christ, which themselves in show not only pretend to know, but profess; but also join with Papists, and Malignants openly to fight against, and totally to suppress it? Certainly if judgment shall begin at the house of God it self, as now it doth, and if the righteous who defend the cause of God and the Kingdom shall scarcely be saved, what these men's dreadful end, and judgment at last shall be, transcends my thoughts to conceive, my expressions to relate; all I can say is this, it will be so superlatively miserable and grievous, that an eternity of incomprehensible torments will only be able to demonstrate the infinity and execrablenesse of their sin. O then let all of all sorts consider seriously of this, and all the premises, and the Lord give them understanding and grace to keep a good conscience, and discharge their several trusts and bounden duties faithfully, cheerfully to their God, Religion, King, Country, and the Parliament in all things, that so they may enjoy the honor, comfort, benefit, of all their faithful endeavors to defend, promote, propagate our Religion, Laws, liberties, and the public welfare here; and the Crown, the full guerdon of them hereafter; and poor bleeding, dying England and Ireland may now at last attain that speedy, holy, lasting, honorable, blessed peace and unity, which all good men cordially pray for and endeavor; which doubtless had been easily effected long ere this, had we all been faithful, true, real to the public cause of God and our Country in our several places, and not faithlessely betrayed, but sincerely discharged the several trusts reposed in us to the uttermost of our powers: the readiest mean to re-establish and perpetuate our pristine tranquility: which I humbly beseech the God and Prince of peace effectually to accomplish in his own due season, before our whole three Realms become a desolate Wilderness, an Accheldama, a Golgatha, as many places of them are already, and more like to be, if the extraordinary mercy of our ever-gracious God, prevent not the mischievous long plotted conspiracies, malice, rage, treachery, of unnatural, and deceitful men.
This Oath should have come in the Appendix, page 73. line. 17.
The Oath of CHARLES, King of Navarre at his Coronation, An. 1390. recorded in the general History of Spain, l. 17. p. 625. 626.
WED. CHARLES by the grace of God, King of Navarre, &c. do swear unto our people of Navarre upon the holy Evangelists touched by us, and to the Prelates and rich men of the Cities and good Towns, and to all the people of Navarre, for all your Rights, Laws, Customs, Freedomes, Liberties, and Privileges, that everyone of them as they are, shall be maintained and kept to you and your successors, all the time of Our life without corrupting them; bettering, and not impairing them, in all, or in part: and that the violence and force which hath been done to your Predecessors, whom God pardon, and to you by Vs, or Our Officers, We shall hereafter command it to cease, and satisfaction to be made according unto right as they shall be made manifest by good men of credit. After which the Deputies of the State swore, in their own names, and for all the Realm; faithfully to guard and defend the Kings person, and their Country; and to aide him, to keep, defend, and maintain the Laws and Customs, with all their power.
Errata, and Omissions in some Copies.
Part. 4. p. 1. l. 26. it, is, p. 9. l. 39. c. 33. p. 27. l. 13. private, public, p. 28. l. 7 other 31. pugnae.
Appendix p. 2. l. 3 parallel, p. 4. l. 14. them, the people, l. 34 & p. 5. l. 29. Maximus, p. 8. l. 1. Polieuctus, p. 39. l. 26. dele, in the, p. 41. l. 41. other, p. 44. l. 40 retired, p. 50. l. 44. the hand, p. 54. l. 1. Cara, Lara, p. 55. l. 41. Pacensis, p. 59. l. 27 dele the, p. 66. l. 34. years, p. 79. l 12 dele 〈◊〉 , l. 3. Mariana, p. 129. l. 2. add 2 Chron. 22. 1. And the inhabitants of Jerusalem made Aliaziah his youngest son King in his stead, l. 18. confirmed, p. 145. l. 2. not from it to, p. 147. l. 20. in some sense in private cases, p. 150. l. 23. pem, patu, p. 153. l. 14. Cauarvius, p. 162. l. 7. received, renewed, p. 162. l. 28. Hotomani Francogal. 38. Vindiciae, p. 163. • . 2. revocable, l. 3. Historical, l. 19. Cuiacius, l. 23. usufrvctuary, l. 35 dele the, p. 166. l. 14. to, do, l. 19. dele to, l. 21. foundations, p. 167. l. 7. is an, p. 169. l. 26. Caracalla, p. 170. l. 41. 2. secun. qu. p. 171. l. 22. in Law, p. 172. l. 27. fealty to, p. 173. l. 8. adjuvante, l. 15. rapacitates, p. 174 l. 4. if, it. p. 177. l. 15. preserve, l. 32. and. l. 35. goods, p. 186. l. 15. 16. forcibly resist, p. 187. l. 2. so, to, p. 190. l. 31. 206. p. 193. l. 1. converseth, p. 196. l. 33. less.
In the Marg • . p. 42. l. 2. Daubeny, p. 60. l. 4. Leges, l. 9. Aimoin. l. 12. Iure, p. 85. l. 2. 850. p. 152. l. 1. A • nales, Gil. p. 168. l. 19. Rex.
part 1. p. 12. l 15. third. read, second, p. 29. l. 44. through, p. 45. l. 24. l. 3. p. 48. l. 15. Britanniae, l. 26. privatave, p. 56. l. 16. reputing them, p. 75. l. 25▪ responsum, p. 93. l. 38. Duardus, p. 100. l. 33. Raynerius l. 3. 8 Albericus.
Part 2. p. 59. l. 3. perfidum.
Part 3. p. 143. l. 25. natural, national.