The Sovereign Power of Parliaments and Kingdoms

and other good Towns to maintain his wars; he was plainly answered, That they might not aid him, unless the three Estates were again reassembled, and that the grant of the aid might pass by their authority: Whereunto the Duke in no wise would agree. In the mean time the 3 Estates of Languedock assembled in their Province by the Earl of Armenake, the Kings Lieutenant, to make aid for the Kings deliverance, agreed to purvey at their proper costs 500 men at Arms, with a furniture to every spear, and a 1000 soldiers on horsbacke, 1000 Arbalestres, and 2000 others called Gunsiers: all which to be waged for a whole year; and farther ordained, that no man should wear any furs of great price: that women should leave the rich attire off their heads, and wear neither pearl nor gold upon them, nor silver in their girdles; and that all manner of Minstrelsie should be put to silence, so long as the King remained prisoner. The Duke and his Counsel after this, proclaimed at Paris certain coins and values of money, newly ordained by them; with which Proclamation the Commons of the City were grievously moved: And for reformation, the Provost of the Merchants with others, rode to the Earl of Angeou the Dukes Brother and Lieutenant, (who was then absent at Meaux) requesting him to cease the use of that money; And if not they would use such means, that it should not be suffered to be put forth nor taken within the City: Whereupon after long debate it was agreed, that the money should be stopped till the Dukes pleasure was known: Upon whose return, the Dukes counsel sent for the Provost, and desired him to suffer the said money to run and be currant throughout the said City; Which, the Provost with his company utterly denied: and after many great and bold words, departed from the Counsel in great ire, and after their return unto the City, incensed so the Commonalty, that they set apart all workmanship and Occupation, shutting in their Shops, and drew unto their Armor and Harnes. The Duke informed of this murmur of the Commonalty of the City, straitly commanded the Provost, that the Kings peace were kept within the City; and that he with certain Citizens should appear at the Palace before him and his Counsel the next day, at an hour assigned: at which time the Provost with his company came and were conveyed into the Parliament Chamber, where the Duke and his Counsel were present. Then the Duke after certain Challenges made to the Provost for his obstinacy and misleading the Commonalty of the City, said: That, albert the King by his Prerogative, might at his pleasure, and for his advantage, make his monies when he would, and so to suffer them to be currant thorough his Realm; yet for the weal and ease of his Subjects, considering their manifold and late charges, he was content, that at this season, this new money should be spared; and that the 3. estates should be again assembled, and that they should deprive all such persons then bearing Offices as they should think prejudicial to the Realm, and over that, to ordain such Money as might be beneficial for the Land: Of all which Grants the Provost, to the intent, that he might of authority show them unto the Common • lty of the City, de •• ed a writing: The which the Duke to appease the people, though it were much contrary to his mind and his pleasure, granted unto his request. The thirtieth day of January ensuing, the Duke, at the request of the said Provost, sent certain Officers to the houses of Simon de Burg, and others accused of misgoverning of the Realm, whose houses the said Officers seized and made Inventories of their goods: That done, the Duke sent out Commissions, and assembled the Three Estates again at Paris, the 15. day of February: Where, in the parliament chamber in the presence of the Duke, Estates, and divers Nobles, Robert Coke Bishop of Laon by command of the Duke, made a long Oration, of the misguiding the King and the Land by means of evil Officers, as well by changing of money, as other many unlawful Excises and Taxes, to the great impoverishment of the Commonalty of the Realm, and to the singular enriching and advancement of the said Officers; Wherefore the Three Estates prayed, that all such Officers may be removed from their Offices, and other that shall be thought more beneficial for the King and his Realm to be admitted: Of which Officers the Archbishop of Roan (then newly made Cardinal) was noted for one, and other to the number of 21. whereof some were right near to the Duke. After which Oration, Sir John de Pigquine, in the name of the Three Estates offered, That the Three Estates should find to the King 30000. men for an whole year, so as all things might after that day be ordered as the Bishop had before devised: All which Articles were unto them by the Duke granted, and incontinently all such Officers as they before had named were cleanly avoided, and other such, as by the said 3. Estates were thought most necessary, were put and chosen to their rooms, except that some of the old (as Masters of Accounts and some of the Pr •• sidents and Masters of the Requests) were holden in for a time, to show unto the new, how they should order and guide their said Offices: And the 26 of March was a new money proclaimed thorough Paris, such as the said 3. Estates had newly devised. The King informed of this, sends the Archbishop of Sennes and two Earls from Burdeaux where he was prisoner, with a Proclamation, which they caused to be proclaimed in Paris the 6. of April, That the people should not pay such Subsidies, as the 3. Estates had ordained for the waging of the 30000. men aforesaid, or for the Kings fine; and also that the 3. Estates after that day should no more assemble for any causes or matter before touched, till they had farther knowledge of the Kings pleasure: For which Proclamation the Citizens of Paris much blamed the said Bishop and Earls, who purchased it, who as soon as this Proclamation was made, for fear of the people, fled from Paris. Upon this Proclamation the Commons waxed so mad, that they left their occupations, drew them to Conventicles and Companies, and used many unfitting words of the King and his Counsel: Whereupon to avoid inconvenience, the Duke commanded a Watch to be kept in the City day and night, and certain Gates of the City to be kept shut. Upon the 9. day of April, another Proclamation was made all contrary to that other. By virtue whereof, it was charged, that the fore-said Subsidies should be levied, and also that the 3. Estates shouldre-assemble at Paris, the 5. day after Easter, and there to proceed upon all such matters as were before by them bega • . When the Estates meet again there grew a difference between them and the Duke, about the subsidies for the finding of 30000. men, the sum assessed for that pu • pose being too small by much, the Clergy and Lord's th • n refusing to pay anymore then they were first sessed unto: By means of which difference, the assembly of State was dissolved. Whereupon strait command was given by the Duke to the Provost of Paris and others (who bare principal sway within the City, and were great stricklers and doers in the Assemblies of the 3. Estates, so that much of the business was ruled by them and their means;) that they should cease their Authority, and not to deal anymore with the rule of the Realm, but only with the good rule and government of the City of Paris: That done, the Duke rode about to divers good Towns, making request to them for aid, and to have this new money currant among them. But he sped little of his purpose. Then shortly after he assembled at Paris certain person of 20. or 30. Towns next adjoining, with whom he held a Counsel for sundry days; who in the end shown him; that they might bring nothing to effect without the assembling the 3. states, besought him that they might be eft-soon assembled, trusting that they would then satisfy his mind: Upon which the Duke sent forth Commissions, charging the said 3. Estates to appear before him at Paris the next Wednesday after All Saints day; which they did, where the Duke condiscending to their former Articles he gave the King of Navarre and the 3. Estates full content; who promised that they would demean themselves to his Father and him, as true and dutiful Sub • ects; and advising 〈◊〉 to take upon him the Government of the Realm, they created him Regent of France, during his fathers imprisonment. After this he assembled the Estates and chief Burgesses of Cities at Paris, and acquainted them with the King of England's large demands for his fathers enlargement; which were so displeasing to all the company, that they answered, The said Treatie was neither honorable nor profitable: And rather then the King should bind him and his land to such inconveniences, they would prepare to m • ke sharp War against England: whereupon they granted to find divers thousands of men at Arms, at their own costs, for certain months, to relieve the King: And at another Parliament assembled when John was dead, and Charles came to the Crown, they granted an excise of every 4 penny of all things bought and sold for the maintenance of his wars, the spiritualty granted him a disme, and the Lord's and Gentlemen were stinted at a certain. And in the eleventh year of his reign, he assembled his great Council of Parliament at Paris, where among many Acts made for the weal of the Realm; he, with the assent of the Lord's and Commons there assembled, enacted for a Law after that day to be continued, That all Heirs of the Crown of France, their fathert being dead, may be crownned as Kings of France, so soon as they attained to the age of fourteen years. And in the fifteenth year of his reign, the Duke of Flanders granted to those of Gaunt such Articles of agreement, for the confirmation of their liberties, the repealing of illegal taxes, the electing of their own Officers, the Dukes Counselors, and the like (which you may read in Fabian) as plainly manifest this whole Dukedom and people to be of greater jurisdiction then himself, though invested with regal authority, and that he had no power to impose any taxes on them, without their grant and consent; the contrary whereof caused many bloody wars among them.

Charles the seventh (after Fabians account, but sixth after the French History) a Child of thirteen years, by reason of the difference between the Lord's who should be Vic • gerent, was by the advice of the major part of the Lord's, for the common good of the Realm, Crowned at Raynes within the age of fourteen years, contrary to a Law made in the eleventh year of his Father. In the fourth year of his reign, the Citizens of Paris murmuring and grudging for divers impositions and taxes unduly leavied upon them, suddenly arose in great multitudes, intending to have distressed some of the kings Household: Whereupon soon after, the Kings Council considering the weakness of the Treasure, and his great charges and needs; and assembling a Parliament of the Rulers of Paris, Roan, and other good Towns, exhorted them to grant the King in way of Subsidy, twelve pence in the pound, of all such Wares at that day currant, for the defense of the Realm and subjects. • o the which request, after consultation taken, it was answered; That the people were so charged in times past, that they might not bear anymore charges till their necessity were otherwise relived: and so the King and his Council at this time were disappointed. In his seventh year, by the Duke of Angeau his procuring, a tax was laid upon the Commons of France (without the three Estates:) Which to bring to effect, many friend • and promoters were made, as well of Citizens, as others. Whereupon the Commons of Paris and Roan became wild, assembled in great companies, chose them Captains, and kept watch day and night, as if enemies had been about the City; utterly refusing to pay that Tax. This Charles being none of the wisest Prince, ruled by his household servants, and believing every light Tale brought unto him, marching against the Duke of Britain, as he came near a wood, was suddenly met of a man like a Beggar, which said unto him, Whither goest thou Sir King? beware thou go no further, for thou art betrayed, and into the hands of thine enemies thine own Army shall deliver thee. With this monition the King was astonied, and stood still, and began to muse. In which study one of his followers that bare his Spear, sleeping on Horsback, let his Spear fall on his fellows Helmet; with which stroke the King was suddenly feared, thinking his enemy had come unawares upon him; wherefore in anger he drew his sword, slew four of his own Kinghts ere he refrained, and took therewith such a deadly fear, as he fell forthwith distracted, and so continued a long season, being near at the point of death. Whereupon his brother Louis of Orleans, being but young, the States of France thought it not convenient to lay so heavy a burden upon so weak shoulders; wherefore his two Vncles the Dukes of Berry and Burgoine, BY AVTHORITY OF THE STATES OF THE LAND, specially assembled in Parliament upon this occasion, took upon them to rule the Realm for that season, it being ordered by a special Law, that they should abstain from the name of Regent, unfit in this sudden accident, the King being alive, and of years: And because the Duke of Berry had but an ill name, to be covetous and violent and was therefore ill beloved of the French, his younger brother Philip Duke of Burgoyn, had the chief charge imposed on him; and though the Title was common to both, yet the effect of the author tie was proper to him alone, who changed divers Officers. After which the Duke of Orleans was made Regent, being the Kings younger brother, who p • essing the people with quo • idian taxes and • allages, and the spiritual men with dismes and other exactions, he was at length discharged of that digni • ie, and the Duke of Burgoyne put in that authority. After this our King Henry the fifth, gaining a great part of France, and pretending a good title to the Crown (recited at large by Hall and John Speed) the Frenchmen to settle a peace, made this agreement with King Henry: That he should marry Katharine the French Kings daughter, and be admitted Regent of France, and have the whole government and rule of the Realm, during Charles his life, who should be King of France, and take the profits of the Crown whilst he lived; and that after the death of Charles, the Crown of France, with all rights belonging to the same should remain to King Henry, and to his Heirs Kings: That the Lord's spiritual and temporal, and the Heads and Rulers of Cities, Castles and Towns, should make Oath to King Henry, to be obedient to his lawful commands concerning the said Regency, and after the death of Charles to become his true subjects and liegemen; That Charles should in all his writing name King Henry, his most dearest son, Henry King of England, and inheritor of the Crown of France; That no imposition or tax should be put upon the Commons of France, but to the necessary defense and weal of the Realm; and that by the advice of both Councils of the Realms of England and France, such stablished Ordinances might be devised, that when the said Realm of France, should fall to the said Henry, or his Heirs, that it might with such unity join with the Realm of England, that one King might rule both Kingdoms as one Monarch; reserved always to either Realm all Rights, Liberties, Franchises and Laws, so that neither Realm should be subject unto other, &c. Which Articles were ratified and agreed with the consent of the more part of the Lord's spiritual and temporal of France: But Charles dying, his son Charles the eight, was by some part of France, and many Lord's, reputed and knowledged King, but not crowned whiles the Duke of Bedford lived and remained Regent, our Henry the sixth, both in Paris and many other cities, being allowed for king of France. After his death, his son L • wes the eleventh, (as Fabian accounts) by strength of friends was crowned king of France; who refused the counsel and company of his Lord's, and drew unto him, as his chief Counselors, villains and men of low birth, as John de Lude, John Bal • a, Oliver Devil, (whose • name for odiousness he changed into Daman) with others, whom he promoted to great honors and places: Whereupon the Lord's murmured, and were so discontented, that the Duke of Britain, and others, withdrew them from the king, and refused to come unto his presence when he sent for them, raising a great power: And when no peace could be mediated between the king and them, they met in a plain battle at Chartres, where many were slain on both sides, but the king lost the field. After which an accord was made between them, but the king continued his old courses, delighting more in the company of lewd, irreverent persons, to eat and drink with them, and to hear them talk of ribaldry and vicious fables, then to accompany his Lord's, which might have won him much honor, going liker a Serving man then a Prince: and being a great oppressor of his subjects to maintain hi • prodigality, for lack of money, he was driven of necessity to ask a priest of the citizens of Paris; who, after many excuses, which might not be allowed, they lastly denied the kings pleasure. Wherewithall he being grievously discontented, removed divers from their offices, and put many of the richest and head men of the city to death, upon surmised causes, without proofs of justice: For which causes, and many other oppressions, the Lord's again assembled their people, intending to subdue the king, and to set his brother in his place, or to cause him otherwise to rule the Commonwealth: To which end all the Lord's met at a Town called Stampes, where they continued their Council fifteen days, and then marched to Paris, sending four several letters unto the city; one to the Bishops and spiritual men, the second to the Consulls and headmen, the third to the University, the fourth to the Commonnalty, signifying, That neither they nor any of their company were come thither as enemies to the City, or to war against it, or the Commonwealth of the Land; but for the increase and augmentation thereof to the uttermost of their powers. Whereupon these four parties sent certain Orators for them to the Lord's, who after long communication with them had, returned to the city with this report; First, the Lord's would that the inhabitants of the City should consider the conditions of the King, which yearly oppressed his Subjects with taxes and other grievous servages. Secondly, how he despised the noble blood of his Realm, and drew to him villains and men of no reputation, by whose counsel only all the Common-weal of the Land was guided and ruled. Thirdly, how he ruled his Subjects by force and will without administration of justice, and himself in all Counsels and Parliaments is Judge of all causes, and calleth himself Counsels and Parliaments more for this singular weal then for the Common-weal of his Realm. Fourthly, how he enhaunsed men of low birth to great honors, and caused Noblemen to be obedient unto them, intending to bring the said ignoble men to be equal with the Princes of the Land. Fifthly, how the Laws be delayed and bolstered by such as stand in his favor, wherethrough at this day Law is will, and will is Law, and no man almost in any surety of life or goods; insomuch that daily many have been banished and put to death for unlawful causes, and also to any Noble-man at this day no power or room of honor belongeth; so that to the wild Beasts in the Forrests appertaineth more Liberty and surety then to the more party of the Kings subjects. Sixthly, The great taxes and sums of money which daily be levied of the Commons be not spent in the Kings honorable needs, and for the Commonwealth of the Realm, but are spent vainly and riotously, and bribed out of the Kings Coffers; for which enormities and misgovernance with many other, the said Lord's were come thither in defensible ways for the safeguard of their own persons, as to the head and principal City of the Realm, for to have aide and Counsel, to reform the foresaid evils, not intending any harm to the Kings person, or yet to remove him from his regality or Kingly Majesty; but to induce and advertize him to that which should be for his honor and the weal of his Realm, and to live in wealth and honor, as his Noble Progenitors lived before him; For which causes and considerations, the said Lord's, as the Kings true Subjects, and friends to the Commonwealth of the Land, and of that City, desired to enter there to refresh them and their people, and to pay truly for all things they should take, without doing harm or violence to any person. All which requests and matters of the Lord's shown to the Inhabitants of the City, by favor of some friends they there had, it was with the more party well accepted, and thought convenient they should be received into the City; but by means of the Earl of Davoise it was respited, till they had further knowledge of the Kings pleasure: who coming out of Normandy into, Paris after diverse Skirmishes, the King and Lord's fell to a Treaty of peace, whereupon Commissioners on both sides assembled and communed together by sundry times two days; In which season new strength of Soldiers came to the King out of Normand • . The Treatie hanging long, and a longer Truce being proclaimed, the soldiers fell to robbing, and other unlawful acts; and at last, through obstinacy on both parties, all offers were refused, and the day of the Truces expiration approached, without hope of accord; whereupon provisions for war were made on both sides. Then begun g • udges and murmurs between the kings soldiers and the citizens of Paris: and shortly after news came to the king, that the Castle and City of Roan was yielded up to the Duke of Bourbon: Whereupon the King considering what great advantage the Lord's had of him, both by strength and favor of the Commons, which daily drew unto them by sundry companies, in avoiding of more danger, concluded a peace: which being proclaimed throughout all France, the King and Lord's met, to whom the King shown great semblance of kindness, specially to his brother Charles Duke of Normandy; wherein appeared great dissimulation, Louis being of such conditions, That what he might not overcome with strength, he would win with dissimulation and treachery. Not long after the King warred upon Charles his brother, the Duke of Burgundy and Britain, and a Treaty of peace being propounded between them, Charles answered, That if a perfect concord should be established between the King and him, it should be authorized by the whole consent and counsel of the Barons of the Realm. With which the King being content, at Turon, in the month of April, a • d tenth year of his reign, assembled a counsel of his Lord's spi • tuall and temporal, in the which the demands of Charles, and offers of the king were shown: And after the said Counce • l had at length reasoned the said demands and offers, it was finally determined, That the Duchy of Norm • ndy was so appropriated unto the King of France, and to his heirs, that in • o wise it might be dissevered from the Crown; but that a perfect unity might be had between the King and his brother, the King should be instanced to give yearly to his brother in recompense of the said Duchy, 12000 pounds of Turon money, with certain land to be assigned with the name of a Duke, and 40000 ann • all rent of like money during his natural life, for such portion as he claimed to be his right, within the Realm. To all which the king agreed, and to pardon the Duke of offenses against his Majesty, and all such Lordships as he had won from him in Britain, to restore: which offers Charles refusing, was the year following contented with the Duchy of Guyan only, and so the war of Normandy ceased. After Louis his death most of his special and dearest beloved Servants and ill Counselors (whom he specially recommended to his son Charles the ninth on his death-bed) came to disgraceful ends: Oliver Damman was beheaded for Treason, and John Doyacon for trespass and hatred unto the common people by his desert, was with all shame brought to the Market place at Paris, and there bereft of both his ears, and then banished the Court forever; by reason whereof arose this proverb among the Frenchmen, Principibus obsequi haeredit arium non esse, The favor of Princes is not hereditary. Philip de Commines living under Louis the eleventh, and Charles the eighth, by whom he was made Lord of Argenton, being in high favor with them, and a great Counselor of State, hath this notable passage, against the French Kings power then to impose any taxes on their Subjects, without their free assents in a Parliament of the 3. Estates, though the contrary be now daily practiced, to the intolerable grievance of the subjects; Is there any King or Prince that hath power to levy one penny upon his subjects, besides his demains, without leave or consent of those that must pay it, unless it be by tyranny and violence? A man will say, that sometime a Prince cannot tarry to assemble his Estates, because it would require too long time. Whereunto I answer • , That if he move a War offensive, there needeth no such haste, for he may have leisure enough at his own pleasure to make preparation; and further, he shall be much stronger▪ and much more feared of his enemies, when he moveth war with the consent of his subjects, then otherwise. Now as touching a war defensive, that Cloud is seen long before the tempest fall, especially when it is a foreign war; and in this case good subjects ought not to complain, nor to refuse anything that is laid upon them: Notwithstanding such invasion cannot happen so suddenly, but the Prince may have leisure at the least to call together certain wise personages, to whom he may open the causes of the war, using no collusion therein, neither seeking to maintain a trifling war upon no necessity, thereby to have some color to levy money. Money is also necessary in time of peace, to fortify the Frontiers, for defense of those that dwell upon them, lest they be taken unprovided, but this must be done measurably. In all these matters the wisdom of a sage king sufficeth, for if he be a just Prince, he knoweth what he may do, and not do, both by God's Laws and man's. To be short, in my opinion, of all the Seniories in the world that I know, the Realm of England is the Country where the Commonwealth is best governed, the people least oppressed, and the fewest buildings and houses destroyed in civil war, and always the lot of misfortune falleth upon them that be authors of this war: Our King is the Prince in the whole world that hath least cause to allege that he hath privileges to levy what the listeth upon his subjects, considering that neither he nor any other Prince hath power so to do; and those that say he hath, do him no honor, neither make him to be esteemed any whit the mightier Prince thereby, but cause him to be hated and feared of his neighbors, who for nothing would live under such a government: But if our King, or those that seek to magnify and extol him, should say, I have so faithful and obedient subjects that they deny me nothing I demand, and I am more feared, better obeyed, and better served of my subjects, than any other Prince living; they endure patiently whatsoever I lay upon them, and soonest forget all charges past. This (me thinks, yea, I am sure) were greater honor to the King, then to say, I levy what I list, and have privilege so to do, which I will stoutly maintain. King Charles the fifth used no such terms, neither did I ever hear such language proceed from any king, but from divers of their servants, who thought they did their Master great service in uttering such speeches; but, in mine opinion they misbehaved themselves towards their Prince, and used such language, partly because they would seem to be good servants, and partly because they knew what they said. But for a manifest proof of the French men's loyalty and obedience to their Prince, we need allege none other example then that we have seen ourselves of late by experience, when the Three Estates were assembled at Towrs, after the death of our Master King Louis the eleventh, which was in the year of our Lord, 1483. A man might have thought this good assembly to be dangerous for the kings estate▪ yea, and divers there wereof mean calling, and less honesty: that said then, and often said since, That it is Treason to make mention of assembling the Estates, and a thing tending to the diminishing of the Kings authority; but themselves are those that work Treason against God, the king, and the Commonwealth; neither do any use these speeches, but either such as are in authorities without desert and unworthy thereof, or such as are common Tale-carriers, and accustomed to talk of trifling matters, or such as fear great assemblies, lest their doings should there be ripped up and reprehended, &c. Charles the eighth of France, being but thirteen years of age when the Crowned descended to him; hereupon in the year 1484. a general Parliament was held at Towrs, with more free access then had been usual, yet not so effectual as was expected, everyone seeking rather to maintain his private authority then to procure the people's ease. In this Paliament the pragmatic sanction was restored, to use it as they had accustomed. The Constables sword was given to the Duke of Bourgon, the government of the Kings person to his Sister, a cunning woman, and somewhat of her fathers humor; but the name of Regent was forbidden to them all, to prevent jealousies: and there was a Counsel enacted of Twelve, by whom matters should be dispatched in the kings name; of the which Louis Duke of Orleans should be President. Louis discontented with the device, seeks to hold his rank; he pretends, that being the first Prince of the blood, the Regency belonged unto him: he assists at the Council in Parliament, and in the assemblies in Town, and notwithstanding the last Will of King Louis, and the Decree of the Estates, yet will he by force have the name and effect of Regent. Whereupon discontents arising, he leaves the Court in discontent, and raised a civil war. However, the Estates settled the Regencie and affairs of the Realm. Anno 1525. Francis the first King of France was taken prisoner by the Emperor Charles the fifth in the Battle of Pavia; who by mediation of Friends for his enlargement, sent the Earl of Reux his Lord S • eward, to offer the King Liberty, so as he would resign all the right she pretended in Italy; restore the Duchy of Burgongue, as belongeth to him by right, with Provence, and Dolphine for the Duke of Bourbon, to incorporate them with other Lands which he had formerly enjoyed, and to make all together a Kingdom. Moreover the Emperor offered to give him his sister in marriage, propounding many other conditions; so absurd and void of reason, as it is better to let the curious read them in the Originalls themselves. Amongst all losses, that of Liberty toucheth nearest; but Francis having learned to withstand all adversity with a constant resolution, said, I will die a Prisoner rather then make any breach in my Realm for my deliverance, whereof I neither WIL NOR CAN alienate any part without the consent of the Sovereign Courts and Officers, in whose hands remains the authority of the whole Realm We prefer the general good before the private interest of Kings persons. If the Emperor will treat with me, let him demand reasonable things which lie in my power, then shall he find me ready to join with him, and to favor his greatness. The Emperor seeing the King constant in this resolution, in the end yielded to his delivery, upon these terms, That within six weeks after his delivery he should consigne the Duchy of Burgongue to the Emperor, with all the dependencies, as well of the Dutchie, as of the County, the which should hereafter be sequestered from the Soveraigntie of the Realm of France; That he should resign to the Emperor all his rights pretended to the Estates of Naples, Milan, Genoa, an • Ast: That he should quit the Sovereignty of Flaunders and Arthois, &c. Hereupon the King being enlarged, and arrived at Bayonne, he was required, to ratify the Accord, which he had promised to do when he came to a free place: but he delayed it with many excuses, giving the Emperor to understand, that before he proceeded to such an act, it was necessary that he should pacifi • his Subjects, who were discontented with bonds which tended to the diminution of the Crown of France, &c. After which, the Pope and the Venetians sending Messengers unto him, he complained of the Emperor, that he had wronged him in that he had forced him to make impossible promises, and that he would be revenged if • ver occasion were offered; and that he had often told him, that it was not in the power of a French King to bind himself to the alienation of anything depending of the Crown, without the consent of the General Estates: that the Laws of Christians did not allow, that he which was taken in War should be detained in perpetual prison, which was a punishment proper to Malefactors, and not for such 〈◊〉 had been beaten by the cruel • y of fortune: that all men knew that Bonds made by constraint in prison, were of no value, and that the capitulation being of no force, the faith likewise which was but accessory, and the confirmation of the same could not be bound: that by the oath which he had taken at R • emes at his Coronation, he was bound (according to the custom of other Kings of France) not to alienate the patrimony of the Crown; and therefore for these reasons he was no less free then ready to abate the Emperors pride. The Emperor growing jealous of the Kings delays, for ratification thereof sent one unto him, to be certified of his intent, who found him very unwilling to leave Burgundy; which being very prejudicall to the Crown of France, he said, was not in his power to observe; and that he could not alien the Bourguinans without their assents in an assembly of the Estates of the Country▪ which he intended to call shortly to know their minds. By which it is most apparent, that the Kings of France have no power at all to dispose of their Crown lands or alienate them to others (as other Subjects may do) because they hold them only in the right of their Crown for their Kingdoms use and service, the true proprietors of them. Upon which very ground Philip Augustus King of France, Anno 1216. in a solemn Assembly of the States at Lions, told Walo the Popes Legate (who came to prohibit his Son Louis to go to receive the Crown of England, because King John had resigned it to the Pope;) That no King or Prince can give away his Kingdom without the consent of his Barons, who are bound to defend the Kingdom; and if the Pope decreed to defend this error, he should give a most pernicious Example to all kingdoms: domes: Whereupon all the Nobles of France began to cry out with one mouth, That they would stand for this Article unto death, That no King or Prince by his sole pleasure could give his Kingdom to another, or make it tributary, whereby the Nobles of the Realm should be made servants: And the next day Louis his Advocate alleged, that King John for his homicides and many of her enormities, was justly rejected by his Barons, that He should not reign over them. That he could not give the Crown of England to any one without the assent of his Barons; and that when he had resigned it, he presantly ceased to be a King, and the Kingdom became void without a King, and being so vacant could not be disposed of without the Barons, who had lawfully elected Louis for their King: who in pursuance of this his Title, (which the Estates of France held just,) sailed into England, took possession of the Kingdom, received homage of all the Barons, and Citizens of London, who joyfully received him, taking an Oath upon the Evangelists, to restore them their good Laws, together with their lost Inheritances.

Henry the 2. of France being casually slain by the Earl of Montgommery in running at the Tilt, left the Crown to Francis the 2. being but about 16. years of age, the Queen Mother, with his wives Vncles the Duke of Guise, and the Cardinal of Loraigne, hereupon usurped the Government of his person and Realm, dispossessed the chief Officers of the Crown, kept back the Princes of the Blood from Court, the true and lawful Governors of the State during the Kings minority, and plotted the means to raise their race to the Royal Throne, by displacing all great Officers, substituting others of their own faction, and endeavoring to extirpate the Protestant party, whom they feared as most opposite to their treacherous designs; They do and undo, place and displace in Parliament and Privi • Council, like absolute Kings; they revoke all alienations for life or years made by the deceased King in recompense of any services, except sales; they caused divers Protestants to be put to d • ath, imprisoned, pillaged: Wherewith the princes, Officers and people being generally discontented, to redress the present and prevent all future disasters that might ensue, require a general Parliament (as the Sovereign cure for such diseases, whereby the Queen Mother might be put from her usurped Regency, and those of Guise excluded from the Kings person) who to please the king, persuade him, that their opposites sought only to bridle and make him a Ward, and that he should hold them enemies to his Authority and GVILTY OF HIGH TREASON THAT TALK OF A PARLIAMENT. The King of Spain to cross them, by Letters to the King his Brother-in-law, declares himself (for the good affection he bare to him) Tutor and Protector of him, his Realm and affairs, against those that would change the Government of the Estate, as if the King were not capable of the Government. Pleasant people, which reject so much the word of lawful tutelage, and yet usurped it against the Laws and Orders of the Realm, holding it only by tyranny. After this they cast many slanders on the Protestants, put Anne du Burge and other Counselors of Parliament to death, pistoll Anthony Minard president of the Parliament, publish sundry Edicts against those of the reformed Religion, promise great recompenses to those that discover their assemblies, fill their prisons with them, employ air, fire and water to ruin them, and kept the king from hearing his Subjects complaints. The princes were kept back, the greatest of the Realm out of credit, threatened, and secretly pursued to death, the convocation of the Estates refused, the parliaments corrupted, the Judges for the most part at the Guisians devotion, and the public treasure, offices and benefices given to whom they pleased. This their violent government against the laws, and orders of the Realm, purchased them wonderful hatred, and caused many which could no longer endure these oppressions, to consult UPON SOME IVST DEFENCE, to the end they might preserve the just and ancient Government of the Realm. They demand advice, TOVCHING LAW AND CONSCIENCE OF MANY LEARNED LAWYERS AND DIVINES: who resolved, THAT THEY MIGHT LAWFVLLY OPPOSE THEMSELVES against the government which the house of Guise had usurped, AND AT NEED TAKE ARMES TO REPVLSE THEIR VIOLECE; so as the Princes, who in the case are born Magistrates, or someone of them, would undertake it, being required by the Estates of the Realm, or by the sounder part of them. They who first thought of this Act of consequence, had several considerations: Some, moved with a true zeal to serve God, the King and Realm, thought they could not do a greater work of piety, then to abolish Tyrannie, rescue the State, and to find some means to ease them of the Religion. There were others desirous of change, and some were thrust on with hatred, for the wrongs which the house of Guis • had done them, their kinsmen and friends: yet all had one design to suppress this unlawful government. In these consultations it was held necessary to seize on the Duke of Guise, and the Cardinal his brother, being advowed by one chief member of the State, and then to require an assembly of the Three Estates, to the end they might yield an account of their Government, & provide for the King and Realm. After which they make the Prince of Condé acquainted with this their design, & engage him in this quarrel; which being discovered, produced a long bloody civil war against the Protestants, under this and the two succeeding Kings; in which war, those that died, departed this world with this singular content, to have courageously sacrificed their lives for their countries liberty: So the generally History of France; in which and in Richard Dinothus you may read at large, both the History and the lawfulness of this defensive war, overtedious to transcribe.

Francis dying, the Crown descended to Charles the ninth, being but eleven years of age, and a Parliament of the Estates being assembled on the three and twentieth days of December, 1560. The Queen Mother was thereby allowed and confirmed Regent during the Kings minority: In several Parliaments contradictory Acts are made, some restraining, others granting the free exercise of the Reformed Religion throughout the Realm. The Guisian Popish faction, being the strongest party, most powerful at Court, and intimatest with the King, notwithstanding all Acts for the Protestants immunity and liberty of conscience, impose divers illegal restraints upon them, commit many outrages and massacres on them, for which they could have no redress; whereupon for their own defense and preservation, after many fruitless Petitions, & delusory promises, they take up Arms; whereupon many bloody civil wars ensue. Many propositions and overtures of Peace were made by the Guisian royal party, not one of them real, but all to get advantages, and over-reach the Protestants, against whom they had the most mischievous designs in agitation, when they seemed most earnestly to desire Peace. Four or five several conclusions of Peace were solemnly made and ratified between them, but no sooner made and proclaimed, but presently violated of the King and Popish party, by massacres, and new treacherous Plots to extirpate the Protestant party; so that every accommodation proved but a seminary of a new and more bloody war, almost to the utter ruin of France. In the year 1592. when a public peace was made, and all differences to outward appearance, buried in eternal oblivion; the King, contrary to his faith and oath, caused the Admiral of France, (the Protestants chief pillar) as he departed from the Council to dinner, to be shot with a Harguebuze, which carried away the forefinger of his right hand, and wounded him in the left arm The king to color this treachery, swears with an execration to the King of Navarre, and others who complained of this outrage, to take such exemplary punishment on the offenders, as the Admiral and his friends should have cause to rest satisfied, commands them to be pursued, appoints three of the Parliament to make information against them, protests after this again and again, to be exceeding sorry; that this act touched his honor, that he will be revenged for it, so as the memory thereof should remain forever; writes to the governors of the Provinces, chief Towns, and Magistrates, That he would take such order as the Authors of so wicked an act should be known and punished: And to his Ambassdours to foreign Princes, That they should make it known to all the world, that this outrage did displease him. And for the Admirals safety, he commands the Captains of his Guards, to give him as many of his Guard as he pleased, to suffer no Papist to enter his lodging; and adviseth all the Gentlemen Protestants then in Paris to lodge about the Admirals lodging. But all this Court Holy-water was only to keep every Bird within his own nest, and a Pitfall to entrap the chief of the Protestants: For the same day after dinner, the King and Queen Mother, the Duke of Guise, and others, take counsel to murder the Admiral, and all the chief Protestants, the night ensuing, not only in Paris, but throughout all France, whiles they were sleeping in their beds. Which most tyrannical barbarous Tragedie was accordingly acted, the Admiral slain in his lodging, and his head cut off, carried to the King and Queen Mother, who causing it to be embalmed, sent it to the Pope and Cardinal of Lorraine, for an assurance of the death of their most capital enemy: all the Protestants, Noblemen and Gentlemen, lodging in the Admiralls Q • arter, undergo the like Butchery; the Streets of Paris are strewed with Carkases, the pavements, market places and river died with Protestant blood, about ten thousand of them being thus treacherously massacred in their beds, at such a season when they thought themselves most safe, and that on the Lord's own sacred day, a very unsuitable time for such a bloody, profane, infernal sacrifice. No sooner was this m • tchlesse treachery of this king against his own natural subjects executed, but he avows and justifies that which he but the day before so solemnly and openly disclaimed, as a means to cut off all commotions for time to come. But this blood-shed begat new wars, and made the Protestants in Languedoc, Rochell; and other parts, to take up Arms in their own defense, and stand more strictly on their guard than ever before: And God himself out of his Divine justice, after this horrible Butchery committed by this dissembling, cruel, blasphemous King, smote him with an answerable disease, causing him to wallow in his own blood, which he pitifully vomited out in great abundance, by all the conduits of his body, for div • rs hours, till he died: (A just judgment for him that barbarously shed blood throughout all the Provinces of the Realm) he in the mean time tossing in his bed, and casting out many horrible blasphemies. A notable spectacle for all unnatural fidifragous Princes to look on, who imbrue their hands in the blood of their Christian subjects. Which crime (as the Author of the French History observes) made his reign cursed in the City, and cursed in the field; cursed in the beginning, and cursed in the ending; mortality, sword, famine, cursing, fear, and desolation, following it even unto the end. I shall conclude his reign with the words of the French History; Doubtless God loves not the Prince that thirsts after his subjects blood, for the subjects blood is the very blood of their Prince.

Charles dying without Heir of his body, the Crown descended to his Brother Henry the third, then king of Poland, Anno 1574. his first design was to extirpate the Huguenots and Protestant Religion throughout the Realm, though the Emperor Maximilian told him, There is no sin so great as to force men's consciences, and such as think to command them, supposing to win heaven, do often lose that which they possess on earth. His pernicious Cabinet Counselors, to effect this design, cause him first to protest by sundry Proclamations, his love to the good of his subjects, and to abolish what was past, so as they lay aside arms, de • iver him all his Towns, and live quietly in their houses, without any search, constraint, or molestation for matter of conscience. A policy practiced only to bring the Protestant party into slavery, all those Proclamations making no mention of liberty of their Religion, neither of a Parliament for the public Government, nor of a national Council for matters of Conscience: hereupon the Protestants stood the more upon their guards, they are full of jealousy, distrust, doubt, fear; the King and his Popish Council endeavoring by this wile to keep the Protestant party at a gaze, whiles they in the mean time made great preparations underhand to put a • mighty army into the field, to ruin them without hope of rising: So they arm on all sides, especially in Poicto • ; the Protestants are besieged, assaulted in many places, and so manfully repulse their assailants, that they are willing to hearken to a Treaty of peace; wherein the Protestants demanding free exercise of their Religion throughout all France, new Chambers in the Parliament for the execution of justice, punishment of the murderers of them, ease of imposts, a free assembly of the general Estates, and an assurance for the entertainment of the pretended peace. The King after fifteen days conference, promiseth to content them all, but he will have them to refer these demands to his will; and so the Treaty vanished into smoke, and new wars sprung up in every place with new Court-designs to undermine and circumvent the Protestants, who are aided by a German Army, Anno 1576. The Queen Mother seeing the Protestant party prosper in their wars, makes a peace between the King and them; who grants the Protestants all their former demands, restores divers of them to their goods, offices, honors: avows by a solemn Declaration the Massacres of them, Anno 1572. to have been committed against all right and law of Arms; He ordained that the Children of such Gentlemen as had been murdered, should be restored to their parents goods, and freed from all charges of war, yea, he avowed their taking up of Arms, as taken for his service, &c. Which Articles, with the Kings Edict thereon, were allowed by the Parliament at Paris. But no sooner were their Forces disbanded, but they began to find this peace to be counterfeit, being only made to dis-arm them, and divide their Commanders: none of the premises being really performed. In the mean time the house of Guise and their faction send their Agents to Rome, and Spain, to join with them in a Catholic league, and under pretence of extirpating Heresy, and establishing the Roman religion throughout France, endeavor to settle the Crown upon themselves: their chief designs were, to overthrow the succ • ssion of the Crown brought in by Hugh Capet, in the full assembly of the Estates, and to make the naming of a Successor subject unto the said Estates, to cause the Princes of the blood that should oppose against the Decrees of the Estates to be declared uncapable of succeeding unto the Crown; to make the Estates protest to live and die in the faith set down by the Council of Trent; to cause it to be signed in the open Parliament; to revoke and anull all public Edicts in favor of the Protestants and their associates, and to pursue them to the death, that should hinder the extirpation of Heresies, &c. These Articles of Association were first drawn at Peronne in Picardy, but disguised with goodly shows, to blind those that would examine them more exactly, as being only to maintain the Law, and restore the holy service of God; to preserve the King and his Successors in the estate, dignity, service and obedience due unto them by their subjects; to reserve unto the Estates of the Realm, their rights, preeminences and ancient liberties. And for the execution of these Articles, a certain form of Oath was propounded, inflicting pains of eternal damnation to the associates, that for any pretext whatsoever should withdraw themselves from this league; and a Bond for such as should be enrolled, or employ their goods, persons, and lives, to punish, and by all means to ruin the enemies and perturbers thereof, and them that should fail, or make any delays, by authorities of the Head, as he should think fit. Soone after a Parliament of the three Estates is assembled at Bloyes, where the Catholic Leaguers, after much consultation, caused the last Edict of pacification, in behalf of the Protestants to be revoked, and procured an Edict for the exercise only of one Religion (to wit the Popish) to be tolerated within the Realm. The King of Navarre, the Prince of Condé, the Marshall of Montmorancy, with divers other Noblemen of both religions, foreseeing these practices, and refusing to assist at this pretended Parliament, concluded a nullity of all that should be decreed to prejudice the former Edict of Pacification; protesting, that they were resolved to maintain themselves in the Rights, Liberties, and freedoms which the Edict had granted them. That the troublers of the public quiet, and sworn enemies of France should find them in a just defense, and they should answer before God and men for all the miseries that should ensue thereby: Yea the Prince of Condé answered more sharply, That he did not acknowledge them assembled at Bloys for the Estates of the Realm, but a Conventicle of persons corrupted by the sworn enemies of the Crown, who have solicited the abolition of the Edict, to the ruin and subversion of the Realm: That if they had been lawfully called, he would have assisted, for the sincere affection he bears to the Kings service and the quiet of his Country; that he will never give his consent to the counsels of the Authors of so many confusions which he foresees, &c. Hereupon a sixth civil War begins between these Catholic Leaguers, and the Protestants, whose good success caused the King, An. 1580. to make a new peace with the Protestants, and grant them their former immunities. The Leaguers discontented herewith, begin to cast forth Libels against the King, disgrace him in companies as a Sardanapalus, and idle Chilpericke, 〈◊〉 to be shaved and thrust into a Cloister; They cause the Preachers publicly in all places, to term him a Tyrant, an Oppressor of his people by Taxes, and a favourer of Heretics: And under a pretence of suppressing Heretics, reforming public oppressions; and settling the succession of the Crown in case the King should die without Heir, they, contrary to the Kings command, (who disavows them, and forbids all leavyes of war) raise a great Army, and so enforce the king to publish a Declaration in his own justification, and to procure his peace with them, to revoke all Edicts made in favor of the Protestants, and make open war against them. Hereupon the King of Navarre (next Heir apparent to the Crown) for preservation of his own interest and the Protestants, complains against the kings proceedings. lays open the mischievous Plots of the Leaguers: and then with the Prince of Condé and other Nobles, Gentlemen, Provinces, Towns, and Commonalties of both Religions, He protests, by a lawful and necessary defense to maintain the fundamental laws of families, and the Estates and liberty of the King, and Queen his Mother. The Leaguers hereupon procure Pope Sextus the fifth, to excomunicate the king of Navar, and Prince of Condé, to degrade them and their Successors from all dignities, from their pretensions to the Crown of France, and to expose their Countries and persons in prey to the first that should seize on them. The Court of Parliament declares this Bull of the Pope to be void, rash, insolent, strange, far from the modesty of former Popes, pernicious to all Christendom, and derogating from the Crown of France: The Princes likewise protest against, and appeal from it, as abusive and scandalous, to the next free and lawful Council. The Leaguers pursue their begun wars against the King of Navarre and Protestant party; who protest to use all lawful means to resist the violence of their enemies, and cast all the miseries that shall ensue upon the Authors thereof. Fresh wars are hereby prosecuted against the Protestants by the Leaguers, German Forces come in to aid the Protestants; after macombates the King desires peace, but the Leaguers will have none; and assembling at Nancy, they endeavor to force the King to make his Will, and allow the Regency unto them; to which end they conclude, That the King should be urged to join his Forces effectually with the League, To displace such from their Offices as should be named, To bring in the in the Inquisition of Spain, and publish the Council of Trent, but with a moderation of such things as derogate from the privileges of the French Church; To consent to the restauration of the goods sold by the Clergy for the charges of the war, To give them Towns to be named and fortified as the time and necessity required, To forfeit the Huguenots bodies and goods, and to entertain an Army upon the frontiers of Lorraine against the Germans. After which the Duke of Guise approaching to Paris, enters it against the Kings command, who was jealous of him; mutinies the Citizens against the King, who thereby is forced to retire from thence for fear of being surprised by the Duke, who plotted to seize his Person. After which the Duke by the Queen Mothers mediation, is reconciled to the King; who for fear of his power, by an Edict of re-union, admits no religion but the Popish, promiseth never to make Peace nor Truce with the Heretics nor any Edict in their favor; binds his subjects to swear, never to yield obedience after him, to any Prince that shall be an Heretike, or a favourer of Heresy; degrades from all public charges, either in peace or war, those of the Reformed Religion; promiseth all favor to the Catholics, declares them guilty of High Treason who shall refuse to sign to this new union, and shall afterwards depart from it, But signing this forced Edict, he wept. To establish which Edict, and work their further ends, the Leaguers cause the King to summon a Parliament of the 3. Estates at Bloyes, procuring those of their faction to be chosen of this Assembly: where establishing the former extorted Edict, they thereby exclude the King of Navarre, (an Herelike as they deemed him) from the Crown of France, to which he was next Heir: An Heretike cannot reign in France, it is an incompatible thing with the Coronation and Oath which he ought to take; hurtful to the honor of God, and prejudicial to the good of the Realm: Then they declare the King an enemy to, and oppressor of his people, a Tyrant over his Realm, that so the people should presently resolve to confine him unto a Monastery, and install the Duke in his throne. And at last, the King being certainly informed of the Dukes traitorous designs to surpize him, and usurp his Throne, caused the Duke and Cardinal of Bourbon (the chief Heads of the League) to be suddenly slain, and others of them to be imprisoned. Hereupon the Parisiens mutiny, and take up Arms afresh; The College of Sorbone concluded by a public Act of the seventh of January, 1589. That the people of France are freed from the Oath of obedience and fealty which they owed to Henry of Valoys, and that lawfully and with a good conscience they may arm against him, receive his Revenues, and employ it to make war against him. After which the Assembly of the Estates dissolving, the Parisiens imprison the Court of Parliament at Paris, till they condescended to their pleasures, and confirmed a general Council of the union, consisting of forty choice men of the three Estates, to dispose of the public affairs, and confer with the Provinces and Towns of the League. To which many Assistants were afterward added by the Nobles, and a Declaration (in manner of an oath) for the entertainment of the Union, made, sworn, and subscribed to by many; one of which pricked his own Arm, to sign it with his own blood, and became lame thereby. The people condemn, imprison, spoil, ransom of their absolute power, and sell the goods of any that bears not the mark of their enraged faction. Hereupon the King turning his lenity into fury, Proclaims them Rebels and Traitors, if they come not in and submit by a day; and reconciles himself to the King of Navarre: They go on with greater insolency then before, set out a great Army under the Duke of Mayenne; crave assistance from the Pope and king of Spain; surprise divers towns, rob Churches, ravish Wives and Virgins, murder men of all sorts even before their Altars, commit all the outrages, wickednesses which irreligion and impiety could invent in mad Soldiers. The King at last besieged Paris, take some of the Outworks, and was like to master the City; but in the midst of this attempt he was stabbed in the belly with a Knife, by James Clement, a Iacobin Friar of two and twenty years old, (sent out of Paris to act this Tragedie on the kings person) who vowed to kill the Tyrant, and to deliver the City besieged by Se • nacherib. The Murderer was presently slain by those who came in to assist the king, who within few hours after died of this wound, which he received in the self-same chamber wherein the Counsel for the Massacre of the Protestants was held on that fatal day of Saint Bartholomew, 1572. A notable circumstance of Divine justice upon this Prince, who being ever a zealous promoter of the Romish Religion, was murdered by a Zealot of it, and had his own blood shed by those who spurred him on to shed the blood of Protestants, in the very Chamber where the most babarous Massacre of Protestants that ever the world beheld, was contrived. Henry when the pangs of death seized on him, declared Henry the fourth, King of Navarre (his brother in law) the lawful Successor of the Crown of France, as in Truth he was, notwithstanding the Edict of Bloys to exclude all Heretics from the Crown. The Parisiens and holy Union refuse to accept him for their Sovereign, proclaiming Charles the tenth for their King, and triumphing exceedingly at Henry his death. The Parliament at Bourdeaux commands all men under their jurisdiction, by a Decree of the nineteenth of August, 1549. To observe inviolably the Edict of Union in the Catholic, Apostolic and Romish Church; and Declarations are hereupon made. The Parliament of Tholousa is more violent; they decree, That yearly the first day of August they should make processions and public prayers for the benefits they had received that day, in the miraculous and fearful death of Henry the third, whereby Paris was delivered, and other Towns of the Realm; forbidding all persons to acknowledge Henry of Bourbon, the pretended King of Navarre, for King; declaring him uncapable ever to succeed to the Crown of France, by reason of the notorious and manifest crimes contained at large in the Bull of Excommunication of Pope Sixtus the fifth. The Court of Parliement at R • an, no less violent and presumptuous then that of Tholousa, pronounced them guilty of High Treason, both against God and man, and the Estate and Crown of France, that had opposed themselves against the holy Union, and all Royalists and their Successors deprived of all prerogatives of Nobility; their Offices to be void, not to be recovered, and all their Goods forfeited: Anno 1592. they renew this Edict every eight month. Thus the league kindled afresh the fire which the siege of Paris had somewhat quenched: the King raising his siege before it, and returning to Arques, the Leaguers Army followed him, and are there defeated: after which the King with a small Army gains many great Conquests, which amaze the Leaguers; he be • iegeth Paris above three months, where more then one hundred thousand people died of famine, yet they force the Parliament to pub • ish a Decree the fifteenth of June, 1590. Forbidding upon pain of death all men to speak of any composition with Henry of Bourbon, but to oppose themselves by all means, yea, with the effusion of their blood. But the Belly hath not Ears, the people are not fed with paper, or promises, they mutiny and demand peace; whereupon Deputies are sent to the King to treat a peace; who to defeat the Spanish Army called in by the Leaguers, raiseth his siege, and routs the Spaniard, with other Forces of the League in sundry places, which makes many desire peace; yet by means of Pope Clement the eighth his Bull, the Duke of Mayenne, and the Popes Legate, they intend to summon a Convocation of the Estates of Paris to elect a new King, desiring the Cardinal of Placentia to assist and confirm this their intended future election. The Parliament of Paris removed to Chaalons gives sentence against the Popes Bull, and nulls it: The King sets out a Declaration against the Leaguers as Traitors and Rebels, declares this Assembly of the Estates without his Authority, to be against the Laws, against the good and quiet of the Realm, and all that should be treated or concluded therein, abusive, and of no force. On the contrary, the Popes Legate, by a public exhortation full of injuries, labors to persuade the French, that the King, long since dismembered from the body of the Church, was most justly pronounced uncapable of the Crown. The Spaniyards lobouring the Estates to elect the Infanta of Spain king; the Parliament of Paris by a Decree of the eight and twentieth day of July, declare all Treaties made or to be made to that end, void, and of no validity, as being made to the prejudice of the Salique Law, and oath fundamental laws of State. The king to quiet these differences, and gain peaceable possession of the Crown, most unworthily deserts his Religion, reconciles himself to the Church and Pope of Rome; yet one Peter Barriere▪ seduced and persuaded by a Capuchin of Lions, Aubry a priest of Paris, and father Varide a lesuite, was apprehend • d at Melua, and executed, for attempting to murder the King with a sharp two-edged Knife, which fact he confessed, After this the Towns subject to the League, return by degrees to the obedience of the Crown; the king is solemnly Crowned at Chartres, Reims shutting the gates against him. This done, he surprizes Paris, and notwithstanding their former • ebellions, grants them all free pardon upon their submissions. The Parliament at Paris disanuls all the Decrees of the League, and pretended assembly of Estates, as void, and done by private persons, without due election; grants Processe against the Jesuits, as chief pillars of the League, disgracing the new Kings Majesty, and the memory of the deceased King in their Sermons; and persuading the execrable attempt of Peter Barriere to stab him; the Cardinal of Bourbon, the Duke of Nevers with others, protect and s • e for them; who soon after suborn John Chastle, one of their Novices, (of the age of eighteen years) to stab the king; who creeping into the kings chamber at the Lonure in Paris, among the press, December 27. 1594. and thinking to stab the king in the belly, as he resolved, struck him on the upper Lip▪ and brake a Tooth, as he stooped to take up some Gentleman who saluted him; for which fact he was condemned by the Parliament as guilty of High Treason, his body adjudged to be torn in pieces by four horses, then burnt to ashes and cast into the wind, and all his Goods confiscate to the king: All the Jesuits, with their scholars, were hereupon banished the Realm, as corrupters of youth, troublers of the public quiet, enemies of the Kings State, and none of them to remain above fifteen days, nor any to harbor them within the Realm under pain of High Treason. I have heard from a Gentleman of credit, which served this king, that when he was thus stabbed in the mouth by Chastle, one of the Religion gave him this Christian admonition, Sir, you have denied God already with your mouth, inrenouncing the protestant faith, which you once professed; now God in his justice hath permitted this Jesuit, of that Religion you revolted to, thus to stab you in the mouth: O take heed you deny him not in your heart, lest the next stroke they give you be to the heart. Which fell out accordingly, for after four or five more several attemps of the Jesuits and Papists to murder him▪ which were discovered and prevented, he was stabbed to death with a Knife by one Francis Ravillac, (a Papist at the Jesuits instigation) as he was riding in his Caroch near to Innocents church in Paris, for suffering two religions in the Kingdom, as the Traitor professed. This Villaine stabbed him first in the left Pap, and next between the fifth and sixth Ribbe, cutting asunder the vein leading to the heart, and entering into the Cava vena; and being dead the Jesuits of his royal College at la Fletche (whom he restored and favored exceedingly, notwithstanding their former Treasons, and banishments of them out of France, causing the Pyramis erected by sentence of Parliament as a monument of their Treasons to be rased, and yet were found to have a chief hand in this his death) begged and procured his heart to be there interred: O the admirable passages of Divine Justice, that those two Henries, who most advanced the Popish Religion, and abandoned the Protestant faith to humor the Jesuits and Papists, thereby to secure their Crowns and lives, as they believed, should thus fatally perish by those of that Religion, and their unlawful revolts thus used to preserve their lives; whereas our nobler Queen Elizabeth continuing constant in her Religion, notwithstanding all allurements menaces and attempts upon her person, to withdraw her from the truth, was miraculo • sly preserved from all the bloody assaults of this infernal generation of Romish Vipers, and went to her grave in peace.

But to return to this kings actions; Anno 1596. king Henry calls a general assembly at Roan • n form of a Parliament, where he speaking to the assembly, told them, That at his coming to the Crown he had found Fr • nce not only ruined, but almost all lost for the French, but by the grace of Almighty God, the prayers and good counsel of his subjects, the sword of his Princes, and brave generous Nobility, and hi • own pains and labor, he had saved it from loss; let us save it now from ruin, participate with me, my dear subjects in this second glory, as you have done in the first; I have not called you as my Predecessors did, to make you approve my Will, I have caused you to assemble, TO HAVE YOVR COVNSELS, TO BELEEVE THEM, AND TO FOLLOW THEM; finally, TO PVT MY SELFE INTO YOVR HANDS: A desire which seldom commands Kings that have white hairs and are Conquerors; But the love I bear unto my subjects, and the desire I have to add these two goodly Titles to that of king, makes me to find all easy and honorable. After this the King and Parliament set forth divers Edicts, against the transportation of Gold and Silver, the wearing of Gold & Silver, excessive usury, Advocates extortions, Duels, Bankrupts, and the like. This Martial King being murdered by Ravillac, as aforesaid, the Crown descended to Louis his Son, not then ten years old: The Court of Parliament at Paris having notice of his death, made this Decree in Parliament, May 14. Anno 1610. Whereas the Kings Attorney General hath informed the Court of Parliament, and all the Chambers thereof assembled, that the King being now murdered by a most cruel, inhumane and detestable Paricide, committed upon his most sacred Person, it were very necessary to provide for the affairs of the present King, and for his Estate, and hath required that there be present order given concerning the service and good of his Estate, which cannot be well governed by the Queen, during the minority of the King her son; and that it would please the said Court to declare her Regent, that the affairs of the kingdom may be governed by her: Whereupon having consulted, THE COVRT HATH DECLARED AND DOTH DECLARE THE QVEEN (mother to the King) REGENT OF FRANCE, for the governing of the State, during the minortie of her son, with all power and authority. The next day the King himself sitting in the Seat of Justice in Parliament, by the advice of the Princes of his blood, Prelates, Dukes, Peers and Officers of the Crown, according to the Decree made by the Court of Parliament, declared and did declare the Queen his Mother Regent in France, and to have the care of bringing up his Person, and the Government of the affairs of his Kingdom during his minority; commanding the Edict to be enrolled and published in all the Bayliweeks, Senescaushes, and other jurisdictions depending upon the said Court of Parliament, and in all other Parliaments of the Realm; so that the Queen Mother was settled in the Regency by the Parliament and whole State of France. After which Pasquier, Counselor and Master of Requests, writ her a large Letter touching the Government of the State, wherein he informed her, That she must not forbear to assemble the Estates, for the reason that some would suggest unto her, that they will be some blemish to her greatness; it is quite contrary: The Estates having confirmed it by public authority, will settle it fully. Commonly the Estates assemble to provide for the present and future complaints of the general of this Monarchy, and to reduce things to their ancient course; the people being the foundation where on this Realm is built, and the which being ruined, it is impossible it should subsist: take away these new Edicts, Impositions and Subsidies: it is better to gratify a people, than to entreat them roughly. Above all things beware that you follow not your own opinion alone, in manag • ng the affairs of the Realm. Hereupon four and fifty Edicts and Commissions were revoked, wherewith the Subjects had been oppressed. When the King was to be Crowned, the Prelates made this request to him at the Altar before his Coronation; We pray and require that you would grant unto everyone of us, and the Churches whereof we have the charge, the Canonical privilege • , good laws, and justice; and that you will defend us, as a king ought all his Bishops and their Churches. Whereunto the king answered; I promise to preserve you in your Canonical privileges, as also your Churches; and that I WILL GIVE YOU (in the future) GOOD LAWS, and do you Justice, and will defend you, by the help of God, according to my power; as a king in his Realm OVGHT TO DO IN RIGHT AND REASON, to his Bishops and their Churches. After which having been acknowledged their lawful Prince, BY A GENERALL CONSENT OF ALL THE ORDERS, the Gardinall of Ioyeuse presented unto him the Oath of the Kingdom, (the sacred Bond of the fundamental Laws of the State) the which he took publicly in these words, with invocation of the Name of God, having his hand upon the Gospel, which he kissed with great reverence.

I promise in the Nam • of Jesus Christ, these things to the Christians subject unto me; First, I will endeavor that the Christian people shall live peaceably within the Church of God: Moreover, I will provide, that in all v • cations, theft, and all iniquity shall cease: Besides, I will command, that in all judgments equity and mercy shall take place; to the end that God, who is gentle and merciful, may have mercy both on you and me. Furthermore, I will se • k by all means in good faith to chase out of my Jurisdiction▪ and the Lands of my subjection, all Heretics denounced by the Church; promising by Oath to observe all that hath been said: So help me God, and this holy Evangel.

After this Bellarmine's Book of the Popes power in temporal causes, Becanus, and Scoppius Books, Marianaes Book de R • ge & Regis institution, Suorez his Book, with others, which taught, That the Pope was above Kings in temporal things, and that it was lawful for private subjects by the Popes authority to murder kings that were Heretics, and that the murders of Henry the third and fourth, by Chastle and Ravillac were lawful and commendable; were prohibited and condemned to be burnt by Edicts of Parliament.

Anno 1611. the Reformed Churches of France, at their general Assembly at Samure by the Kings permission, made a general Union, which they did swear to keep inviolably, for the good, quiet, and advancement of the said Churches, the service of the King, and Queen Regent, and preservation of the Estate; and appointed six Deputies therein, for the dispatch of all their affairs, Anno 1614. the Prince of Condé with divers other Princes, Dukes, Peers, Noblemen, and Officers of the Crown retinued from the Court in discontent, and meeting at Meziers, writ several Letters to the Queen, Parliament, and others, complaining therein of divers g • ievanc • s and disorders in the government, which they desired might be redressed, by summoning a general Assembly of the three Estates to be free and safe, to be held within three • oneths at the furt • est, protesting, that they desired nothing but peace and the good of the Realm, that they would n • t attempt anything to the contrary, unless by the rash resolution of their enemies, (who covered themselves with the Cloke of State under the Queen Regents authority) they should be provoked to •• pell the injuries done unto the King and State BY A NATVRALL, IVST AND NECESSARY DEFENCE. After which with much ado Articles of Peace were concluded on at Saint Manchold, between the King, Queen Regent, and these N • bless; wherein it was among other things accorded, That the general Estates of the Realm should be assembled at Sens by the four and 20. day of August, in which the D • puties of the three Estates, may with all liberty propound whatsoever they shall think in their consciences to be for the good of the Realm and ease of the subject; tha • thereby the King with the advice of the Princes & Estates might make some good Laws and Ordinances to contain every man in his duty, to fortify the Laws and Edicts made for the preservation of the public tranquility, and to reform the disorders which may give just occasion of complaint and discontent to his good subjects: That the Kings Marriage with Spain, formerly concluded on, should be respited and not proceeded in during his minority: that all Garrisons put into any places of the Realm by reason of the present motions, should be discharged that Letters Patents be directed to all Courts of Parliament to be verified, by which his Majesty shall declare, that the said Princes, Nobles, and others of • hat quality and condition soever, which have followed and assisted them in these alterations, had no bad intentions against his service, with all clauses necessary for their safeties and discharges, that they may not be called in question hereafter, and that they shall be restored to their Offices, Estates and Dignities, to enjoy them as they had formerly done. And in like manner his Majesty shall write to all Princes, Estates, and Commonwealths allied to the Crown, and men of quality shall be sent expressly to them, to let them understand what he had found concerning the innocence and good intention of the said Princes, Officers, and Nobles. After which the three Estates were published, Deputies elected; and the King (by his Council and Parliament of Paris) was declared of full age, according to a fundamental Law made by Charles the fifth, ratified by the Court of Parliamnt; That the Kings of France, having attained the full age of thirteen years, and entering into the fourteenth, they should take upon them the Sovereign Government of the Estate: Whereupon the Queen Mother in the Parliament resigns the Regency and reigns of the Empire into his hands. After which the three Estates assembling abolished the sale of all offices of judicature, and others which tend to the oppression and ruin of the People, suppress Duels; the Commons and Deputies of the three Estates present a Petition of all their grievances to the King, consisting of several natures, and pray redress: And for the securing of the Kings Crown and person against the Popes usurpations and attempts, they desired, that it should be declared by the said Estates, and set down as a fundamental Law, That the King did not hold his Realm of any but God and his sword, and that he is not subject to any superior power upon earth for his temporal estates, and that no Book should be printed containing any Doctrine against the person of Kings touching the question too much debated by presumptuous men, whether it be lawful to kill Kings? The Clergy of France except against this Article, as a point of doctrine and conscience (not of State policy, as the Commons pretended, fit only for the Clergies determination, not the Commons or three Estates, as a means to ingender a schism and offend the Pope, and after much debate prevail and suppress it: In fine, after many debates the three Estates brake up without any great • edresse of their grievances, or full answer to their Petitions, which was defaced: hereupon the Parliament at Paris the seven and twentieth day of March, 1615. decreed, under the Kings good pleasure, That the Princes, Dukes, Peers, and Officers of the Crown, having place and deliberate voice therein, being then in the City, should be invited to come into the Court, there (with the Chancellor and all the Chambers assembled) to advise upon the propositions which should be made for the kings service, the ease of his subjects, and good of his estate, and to draw up a Remonstrance to this effect. Some Court Parasites presently acquaint the King and Queen Mother with this Decree; as if it were an apparent enterprize against the Kings Authority, and did touch the Queens Regency which they would control; and objections are made against it in Council, whereupon the Parliament are sent for to the Court several times, and ordered to revoke this Decree; they excuse and justify it, then draw up a Remonstrance to the king, consisting of many Heads; wherein among others they • ffirme, That the Parliament of Paris was borne with the State of France, and holds place in Council with Princes and Barons, which in all ages was near to the Kings person. That it had always dealt in public affairs: that some Kings which had not liked of the Remonstrances of the Parliament at Paris, did afterwards witness their grief. That Popes, Emperors, Kings, and Princes had voluntarily submitted their controversies to the judgment of the Parliament of Paris, &c. To which I shall add some passages out of Andrew Favine, in his Theater of Honor, touching the dignity, power, and honor of the Parliaments of France:

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

Ego Otho Romanorum Rex, & semper Augustus, tibi Domino meo Innocentio Papae, & Ecclesiae Romanae spondeo, polli • eor, & juro, quod omnes possessiones, honores, & jura Romanae Ecclesiae, pro posse meo, bona fide protegam, & ipsam ad ease retinendas bona fide j • vabo. Quas autem nondum recuperavit adjutor ero ad recuperandum, & recuperatarum, secundum posse meum, ero • ine fraud defensor; & quaecunque and manus meas devenient, sine difficultate restituere procurabo. Ad hanc autem pertinent tota terra quae est de Radicafano, usque ad Ceperanum, Exarcatus Ravenna, Pentapolis, Marchiae, Ducatus Spoletanus, terra Conitiss • e Mathildis, Comitatus Bricenorij cum alijs adjacentibus terris expressis in multis privilegijs Imperatorum, à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI. Has omnes proposs • m •• restituam, & quiet dimittam, cum omne jurisdiction • , district • , & honor suo. Verunt amen cum adrecipiendam Coronam Imperij, vel pro necessitatibu • Ecclesia Romana • ab Apostolica seed vocatus accessero, demandato summi Pontif •••• ab illis terris praestationes accipiam. Praetereà adjutor ero ad retinendum & defendendum Ecclesiae Romanae. REGNVM SICILIAE. Tibi etiam Domino meo Innocentio Papae & Successoribus tuis omnem obedientiam & honorific entiam • xhibeo, quam devoti & Catholi • i Imperatores consueverunt Sedi Apostoli • ae exhibere. Stabo etiam ad consilium & arbitrium tuum de bonis • onsuetudinibus populo Romano servandis & exhibendis, & de negotio Tusciae & Lombardiae. Et si propt • r negotium meum Romanam Ecclesiam oportuerit in • urrere guerram, subveniam ei sicut necessitas postulaverit in expensis. Omnia vero praedictat • m juramento, quam scripto firma • o, cum Imperij Coronam adeptus fuero. Actum Aquis-Grani Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto, mense Marcy, Regni nostri septimo.

William Rishanger Monk in the Abbey of Saint Albane in England, continue • of the History of Matthew Paris, observeth under the year 1263. that the king of England, Henry the third, and the Barons, of England, who made war upon him, committed their whole difference and quarrel to be judged by the Parliament of France; Vt pax reformaret • r inter Regem Angliae & Barones, ventum est ad istud, ut Rex & p • oceres se submitterent ordinationi Parliamenti Regis Fran • ae (in the time of Saint Lewis) in pr • emissis provisionibus Oxoniae. Nec non pro depraedationibus & damnis utrobique illatis. Igitur in crastino S. Vincentij, congregato Ambianis populopene innumerabili, Rex Franciae Ludovicus coram Episcopis & Comitibus, alijsque Francorum proceribus sol • mniter dixit sententiam pro Rege Angliae, contra Barones statutis Oxoniae provisionibus, ordinationibus, ac obligationibus penitus annullatis, Ho • excepto, quod antiquae Chartae Joannis Regis Angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare. In this Parliament at Amiens were present the King of England, Henry the third, Queen Elenor his wife, Boniface Archbishop of Canterbury, Peter Bishop of Hereford, and John Maunsell; and on the Barons of England's side a very great number of choice elected Lord's; who the same year repassed back into England after the Parliament, as the same Monk speaketh. Thus Favine in the behalf of the French Parliaments, concerning whose power and privileges you may read much more in him and others.

But to return to the former History. The Queen Mother was much discontented with this Remonstrance of the Parliament, pretending that they had an intent to call her Regency in question, which all had commended; that they could not speak of the Government of the affairs of the Realm, without touching her, &c. Whereupon she commanded the Chancellor to give them this answer in the kings name: That France was a Monarchy wherein the king alone commanded, holding his Realm Soveraignly from God; That he had Laws and Ordinances by which to govern them, for the which he was not to give an account to any man; That it did not belong unto the Parliament to control his Government; That they neither could nor ought to complain of the Queens Regencie which had been so happy; That the Queen was not to give an account of her Regency, but to God only; That no man could prescribe unto the King what Counselors he should entertain, &c. with many other such big words. After which there was a De • ree made in the Council of State against the Decree and Remonstrance in Parliament, disannulling and revoking them as void, and forbidding the Parliament hereafter to meddle with affairs of State. The Court of Paliament in general complained much of this Decree; the kings learned Coun •• ll refuse to carry, or cause it to be read in Parli • meant, because it would cause an alteration of the good affections and devotions of the Kings good subjects, and the dis-union of the greatest companies of the Realm, who administer justice, which makes kings to Reign: After which this controversy was compremised, and the Decree of the Council against the Parliament suspended, and not enrolled. Soon after the prince of Condé, with divers others, seeing all things disordered at Court, and little or no reformation of their former grievances, desert Paris, expressesse their grievances in • undry letters and Articles of complaint, wherein they complain of the want of freedom and redress of their grievances presented in the last assembly of the three Estates; of the Decree and proceedings against the Jurisdiction, Remonstrance and proceedings of the Parliament of Paris; Of suffering some Council • rs of State to usurp all the power of the Kingdom, to pervert the Laws, and change all things as they list; with sundry other particulars: In these they entreat and exhort all men of what condition or quality soever, that call themselves Frenchmen, to assist and aid them in SO IVST A CAVSE; conjuring all Princes and foreign Estates to do the like, and not to su •• er such good and loyal subjects to be suppressed by such a conspiracy. Upon this the king and Q. Mother, through advise of these ill Counselors, raise an Army, declare these Princes and Nobles, Rebels and Traitors, if they submit not by a day: whereupon they Arm, raise Forces in their own & the publikes defense, and being at Noyon, concluded, That as their Arms were levied forth maintenance of the Crown, so they should be maintained by it; to the which end they seized on the kings Rents and Revenues in sundry places. Mean while the Protestants being assembled in a general Synod at Grenoble, Marsh. Desdiguires makes an Oration to them, to dissuade them from opposing the marriage with Spai • ; wherein he hath this memorable passage to justify the lawfulness of a necessary defensive war for the preservation of Religion and Liberties: We have leisure to see the storm come, and to prepare for our own preservation: Finally, having continued constant in our Duties, if they seek to deprive us of our Religien, and to take that from us wherein our liberty and safety depends, purchased by the blood of our Fathers and our own, and granted unto us by that great King Henry the fou • th, the restorer of France; we shall enter into this comerce full of justice and true zeal, find again in our breasts the courage and virtue of our Ancestors: We shall be supported IN OUR JVST DEFENCE by all good Frenchmen, assisted by all Princes and Estates which love the true Religion, or the good of this State; and in a word, we shall be favored of the blessings of God, whereof we have hitherto had good experience in our Arms, and which will be to the glory of his Name, and the spiritual advancement of our Churches. After which the Duke of Rhoan and Protestants, in defense of their Religion and Liberties, join with the Princes and Nobles: At last both sides came to Articles of agreement made at Luudun, Anno 1616. whereof these were a parcel, That the grievances of the general State should be speedily answered; That Sovereign Courts should be preserved in their authority, and the Remonstrances of the Parliament and Peers considered of; That such as had been put from their Offi • es, should be restored; That all moneys they had taken out of the kings Revenues, should be discharged; All Edicts of pacification granted to them of the Reformed Religion, observed; The prince of Condé and all those of either Religion, who had assisted him in this • ar, held for the Kings good and loyal subjects; all illegal Imposts removed; and all prisoners taken on either side, set at liberty. Anno 1617. the King and Queen Mother seizing upon the Prince of Condé his person, and sending him to the Bastile, upon false pretences of disloyalty and treason, caused new insurrections, wars, and tumults; and the Princes hereupon meeting at Soyssons, resolved to make open war, to seize on the Kings Revenues, and to fortify those Towns and Castles which they held in their Government; which they executed; and withal set forth a Remonstrance of their grievances unto the king, complaining especially against the Marshall of Ancre and his Wife, with their adheronts, who were the causes of all their miseries; who having drawn unto himself the whole administration of the Realm, made himself master of the Kings Councils, Armies, and Forts; thereby suppressed the lawful liberty and Remonstrances of the Parliament, caused the chief Officers to be imprisoned, and was the cause of the violence done to the Prince of • onde, first Prince of the Blood: To the end therefore that they might not be reproached to have been so little affected to his Majesty▪ so ungrateful to their Country, and so unfaithful to themselves and their posterity, as to hold their peace, seeing the prodigious favor and power of this stranger; they beseech his Majesty to provide by convenient means for the disorders of the Estate, and to cause the Treaty of Loudun to be observed, and to call unto his Councils the Princes of the Blood, with other Princes, Dukes, Peers, ancient Officers of the Crown and Counselors of State, whom the deceased King had employed during his reign. Withall they publish a solemn Declaration and Protestation, for the restoring of the Kings authority, and preservation of the Realm. against the conspiracy and tyranny of the Marshall of Ancre, and his adherents: Who finding no safety in the settling of j • stice, resolved to make trial of his power, by violating the public faith, thereby to plunge the Realm into new combustions, conspiring to destroy the princes of the blood, of Peers, and chief Officers of the Crown, and to oppress them altogether, with the State, who might be an obstacle to his ambitious designs. To which end he raised false accusations against them, as if they meant to attempt the Kings and Queen Mothers persons; and caused the King to go in person to his Court of Parliament to publish a Declaration, whereby they were declared guilty of Treason; though at last being better informed, he declared them to be his good Subjects, and caused De Ancre to be suddenly slain in the Louure, and his Wife to be legally condemned and executed: Upon which the new Counselors and Officers advanced by him, were removed, the old restored, the Princes reconciled to the Kings, and by him declared for his good and loyal subjects: Upon which followed a general assembly of the Estates, wherein divers grievances were propounded, and • ome redressed; the King therein craving their advice for the settling and ordering of his Privy Council. Anno 1620. there happen differences between the King and Queen Mother, who fortified Towns, and raised an Army against the king; at last they came to an agreement, and were reconciled. The two following years were spent in bloody civil war • s between the King and those of the Religion, who avowed their defensive wars lawful; which at last concluded in peace: that lasted not long, but brake out into new flames of war, by reason of the great Cardinal Richelieu, who of late years proved the greatest Tyrant and Oppressor that France ever bred, reducing both Nobles, Gentlemen, and Peasants into absolute slavery and vassalage, to make the King an absolute Monarch of France, and himself both Pope and Monarch of the world: But he lately dying by the of Divine Justice of filthy Vlcers and Diseases, and the King since being (some say) poisoned by the Ie • uite • , who murdered his two immediate Predecessors: wise men conjecture the French will now at last revive and regain their ancient j • st hereditary freedom, rights Liberties, and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years, and almost brought to utter desolation.

I have the longer insisted on these Histories of the Kings and Kingdom of France▪ (which clearly demonstrate the Realm, Parliament and three Estates of France to be the Sovereign Power in that Kingdom in some sort, paramount their kings them selves, who are no absolute Monarchs, nor exempted from the Laws, jurisdiction, restraints, censures of their Kingdom and Estates assembled, as some falsely aver they are) because our Royalists and Court Doctors p • rallell England with France, making both of them absolute Monarchies; and our greatest malignant Counselors chief Design hath been to reduce the Government of England to the late model and new arbitrary proceedings of France; which how pernicious they have proved to that unfortunate Realm, what infinite di • tructive civil wars and combustions they have produced, and to what unhappy tragical deaths they have brought divers of their Kings, Princes, Nobles, and thousands of their people, the premisses & other Storyes, will so far discover, as to cause all prudent Kings and Statesmen, to •• eer the Helme of our own and other Kingdoms by a more safe, steady, and fortunate compass. Thus I have done with France, and shall recompense any prolixity in it, with greater brevity in other Kingdoms, when I have overpassed Spain.

From France I shall next •• eer my course t • the Kingdoms and Kings of Spain, whom Jacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado, 1602. professedly undertakes to prove, to be of greater dig • ity, and to have the Precedency of the Kings and Kingdoms of France, which Cassa • aeus and all French Advocates peremptorily deny. The first Kings of Spain▪ over-run by the Goths and Wisigoths, are those their Writers call the Gothish Kings, who as Micah • l Ritius de Regibus Hispaniae, L. 1, & 2. Johannes Mar •• na de rebus Hispaniae, L. 2, 3. the General History of Spain, and oaths affirm, were elected by, and had their authority from the people: You may read their liv •• and successions at large in these Authors, and find some of them dis-inherited and deposed by their subjects, others of them in ward during their minorities to such as the State appointed; others murdered, but all of them subject to the Laws of their Realms, as it is evident by the express ancient Law of the Wisigoths, having this Title; Quod tam Regia potestas quam populorum universitas Legum reverentiae sit subjecta; by other laws thereto annexed, by Johannes Mariana De Rege & Regis institution, L. 1, c. 9. Those whom they properly call Kings of Spain, had their royal authority derived to them, conferred on them by the people; upon this occasion. Spain, being a Province subject to the Roman Empire, was spoiled, over-run and possessed by the barbarous Moors for many years; in which time the Spaniards oft solicited the Roman Emperors for aid to expel the Moors, but could gain none. Whereupon to free themselves and their Country from slavery, they chose one Pelagius for their Captain, by whose valor they conquered the Moors, and thereupon by unanimous consent Elected and Crowned Pelagius King of Oviedo, whom the Spanish Writers mention as the first King of Spain: And this their deser • ion by the Emperors, the Spanish Writers generally hold (and (g) Jacobus Valdesius proves it largely ) to be a sufficient lawful ground for the Spaniards, even by the general • law of Nations, to cast off their subjection to the Roman Empire, and to elect a King, erect a Kingdom of their own, exempt from all subjection to the Emperor, since they purchased their own liberty and Country, from the Goths by conquest, of themselves alone without any aide or assistance from the Roman Emperors, to whom ( for this reason) they hold themselves and their Kingdom no ways subject; yet for all this they deem their Kings inferior to their whole Kingdoms, and censurable, yea deposable by them, as is clear by the forecited passage of the Bishop of Burgen, ( Ambassador to the King of Spain, in the Council of Basel, and by Johannes Mariana the Jesuits Book, de Rege & Regis Institution, dedicated to Philip the third, King of Spain, printed at Madrit in Spain, by this Kings own special privilege, Dated at Madrit, January 25. 1599. and after this reprinted at Mainz in Germany, Anno 1605. Cum privilegio sacrae Caesariae Majestatis, ( to wit, of the Emperor Radulph the second) & permiss • Superiorum; who certainly would not thus specially approve, authorize this Book for the Press, had it maintained any Positions contrary to the Laws, or derogatory to the Prerogative Royal of the Crowns and Kingdoms of Spain, though other States cannot so well digest it. In this very Book the Author (who hath likewise written a large History of the affairs and Kings of Spain) professedly maintains (in a special Chapter, wherein he debates this Question, Whether the power of the Republic, or King be greater?) That the whole Kingdom, State and People in every lawful Kingdom, and in Spain it self, are of greater power and authority then the King: His reasons (which I have for brevity digested into number in his own words) are these: First, b • cause all Royal Power that is lawful, hath its original from the People, by whose grant the first Kings in every Republic were placed in their Royal Authority; which they circumscribed with certain laws and sanctions, lest it should too much exalt it self to the destruction of the Subjects, and degenerate into a Tyrannie. This appears in the Lace • aemonian • long since, who committed only the care of War and procuration of holy things to the King, as Aristotle Writes. Also by a later example of the Aragonians in Spain, who being incited with an earnest endeavor of defending their libert • e, and not ignorant how the Rights of Liberty are much diminished from smail beginnings, created a middle Magistrate, like the Tribunal power (commonly called at this time Aragoniae Iustitia, the Justice of Aragon) who armed with the laws, authority and endeavors of the people, hath hitherto held the Royal Power included within certain bounds; and it was specially given to the Nobles, that there might be no collusion, if at any time having communicated their counsel among themselves, they should keep assemblies without the Kings privity, to defend their Laws and Liberties. In these Nations, and those who are like them, no man will doubt, but that the authority of the Republic is greater then the Kings. Secondly, because in other Provinces where the people have lesser and the Kings more power, and all grant the King to be the Rector and supreme Head of the Commonwealth, and to have supreme authority in managing things in times of war or peace; yet there the whole Commonwealth and those who represent it, being chosen out of all Estates, and meeting together in one place, ( or Parliament) are of greater power to command and deny, than the King, which is proved by experience in Spain, where the King can impose no Taxes, nor enact no Laws if the people dissent or approve them not: Yea, let the King use art, propound rewards to the Citizens, sometimes speak by threats to draw others to consent to him, solicit with words, hopes, and promises, (which whether it may be well done we dispute not:) yet if they shall resist, their judgment shall be preferred and ratified before the Kings will. Thirdly, because when the King dies without Issue or Heir, the Kingdom and people, not the Prince deceased, o • ght to choose the succeeding King out of another • am • lie. Fourthly, because if the King vex the Republic with his evil manners, and degenerate into an open tyrant ••• , the same Commonwealth may restrain him, yea, deprive him of the Principalitie, and of hi • life to, if need be; which it could not do unless • t were of greater Power then the King. Fifthly, because it is not likely that the whole Kingdom and Common • weal would ever strip themselves of all Power and Authority, and transfer it to another, without exception, without counsel and reason, when they had no necessity to do it, that so the Prince subject to corruption and wickedness, might have greater Power then they all, and the Issu • be more excellent then the Father, the River than the Spring ( the Creature than the Creator of it:) And although perchance it be in the pleasure of the Commonweal to take away the pleanary Power from itself and give it to the Prince, yet the Commonwealth should do unwisely to give it, and the Prince ras •• lie to receive it; by which the subjects, of Free men should b • come Slaves, and the Principalitie given for their saf • tie, should degenerate into a Tyrannie, which then only is Regal, if it contain itself within the bounds of modesty and mediocrity; which Power whiles some unvisely labor daily to augment • they diminish and utterly corrupt it, that Power being only safe which puts a measure to its strength▪ for a Prince ought to rule over those who are willing, to gain the love of his subjects, and seek their welfare; which Power if it grows grievous, takes the King off his people's love, and turns his power in • o weakness: Which he proves by the forecited Saying of Theopompus: For Princes who impose a Bridle on this greatness, more easily govern themselves, it, and their subjects; whereas those who forget humanity and modes • ie, the higher they climb, the grea •• r is their fall: This danger our Ancestors, wise men, considering how they might keep their Kings within the limits of mediocrity and modesty, so as not to lift up themselves with overmuch power, to the Public prejudice, have enacted many things wisely and excellently; among others this, That nothing of great moment should be decreed without the consent of the Peers and people; and to that end they had a custom to assemble Parliaments chosen out of all orders of men, as Prelates, Lord's, and Burgesses of • ities; which custom at this time is still retained in Aragon and other Provinces; and I wish our Princes would restore it: For why is it discontinued for the most part in our Nation, but that the common consent being taken away, and Parliaments excluded, wherein the public safety is contained, both public and private affairs may be turned into the Princes pleasure, and the lusts of a few corrupt, vicious, and voluptuous Courtiers and Parasites may domineer and order all things. Sixthly, becauss many great and learned men hold, that the Pope of Rome, who is of greater Power then any King, is yet subject to the whole Church and a General Council; therefore the King must much more be inferior to his Kingdom. Seventhly, because the whole Commonwealth hath greater strength and forces than the Prince, be he never so great in Power; and therefore if they disagree their Power will be greater: Yea, Aristotle wisely would have the Commonweal, not only to be of greater authority, but likewise to have stronger Forces then the King; which he proves by Aristotle's forecited words, by the practice of the Ancients, and those of Syracuse, who did moderate their Tyrants and Kings Guard so, that they might be able to over-power and master them upon any occasion. How great the authority of our Republic and Nobility was in the times of our Ancestors, I will give you but one example, and so conclude: Alfonso the eight King of Casteil besieged Concha, a City seated in Roc • ie places, and the most firm Bulwark of the Moors territories on that part: wanti • g money to pay his soldiers, and thereupon provisions failing, the King hastens to Burgon; and in a national assembly, he demands, that because the people were wearied with Tax: for supporting the War, the gentlemen would give five Muruedines a Poll to his treasury; that this opportunity of blotting out the name of the Mores was not to be omitted. Dieglius then Governor of Ca • tabria, assented to this Counsel, Peter Earl of Cara withstood this motion, and gatheri • g a band of Nobles▪ departed from the assembly, readily to defend with Arms the Liberty gotten by their Ancestors with Arms and valor; affirming, that he would neither suffer a beginning to be made of oppressing and vexing the Nobility with new Subsidies, from this entrance or occasion; That to suppress the Mores was not of so great moment, that they should suffer the Commonwealth to be involved in a greater servitude. The King moved with the danger, desisted from that purpose. The Nobles taking advice, decreed to entertain Peter with a banquet every year, as a reward to him and his Posterity of this good service, amonument so posterity of a thing well done, and a document that they should not suffer the right of liberty to be diminished upon any occasion. Let it be a fixed resolution therefore to provide for the safety of the Commonwealth, for the Authority of the Prince, yet so as to retain their royal principality in order with certain bounds and limits, and that those vain talking parasites and decevers may not ruin both, who exalt the Princes Power without measure, of which we may see a great number in Princes Courts, excelling in wealth, favor and power, which plague shall always be accused and complained of, but shall ever be and continue. Thus Mariana, who in his next Chapter (worthy reading) proves at large by invincible arguments, That all Kings and Princes (among others the Kings of Spain) are, and ought to be bound by Laws, and are not exempted from them; that this doctrine ought to be inculcated into thy minds of Princes from their infancy, and to be believed, yea oft considered of them; thnt they are more strictly obliged to observe their Laws then subjects, because they are sworn to do it; they are the Conservators of the Laws, the Avengers of those that infringe them, and their examples are the best means to draw subjects to obey them. Where he again affirms, That the whole Kingdom is above the King, and may not only bind him by Laws, but question him for the breach of them. Before both these, in his first Book De Rege & Reguminstitutione, Chap. 3, 4, 5, 6, 7. he affirms the like; adding moreover, That in many other Realms more, where the Crown is hereditary, the whole Commonwealth, not the King hath and ought to have the chief power to design by a Law (which the King himself may not alter, but by their consents) who shall be the next Heir, to avoid questions and commotions about the Title to the Crown: That where the Right of the Crown is in controversy the whole Kingdom and State ought to decide the right, and settle it where they see best cause: That if the right Heir in Hereditary Kingdoms, yea in Spain, be an Ideot, Infant, Woman, or a person unmeet or not so fit to Govern▪ as others of the blood, he may be lawfully put from the Crown, and another of their Race lawfully substituted King in his place by the whole State, especially when the good or safety of the Commonwealth requires it; because the safety of the people is the supremest Law, and what they by common consent have Enacted only for the public safety, they may without any obstacle alter, when things require it, by like common consent; especially, because the hereditary Rights of reig • ing are for the most part made, rather by the dissimulation of the People, not daring to resist the will of former Princes, then by their certain will, and the free consent of all the Estates: That he which is thus settled by consent of all the Estates hath a just Title against the next Heir of the Blood and his Issue, who are put by the Crown; else divers Kings and Princes now reigning in Spain & elsewhere, should be usurpers and want good Titles to their crowns, they or their Ancestors being not the next right heirs of the Royal Stock ( for all which particulars he gives sundry instances in the Kingdoms of Spain) as in Berengaria, Blanch, the Mother of Louis of France, Ferdinand, Sancho the younger son of Alfonso, Henry the Bastard, John King of Portugal, Fardinand, and John the 2. of Aragon, &c. corluding, That if the King degenerate into a Tirant, by subverting Religion, Laws, Liberties, oppressing, murthering, or deflowering his subjects; the whole Kingdom may not only question, admonish, and reprehend him, but in case he prove incorrigible after admonition, deprive him, and substitute another in his place; which (saith he) hath been done more then once in Spain: Thus King Peter was publicly rejected for his cruelty to his subjects, and Henry his Brother (though of an unclean Mother) obtained the Crown: so Henry his Nephews Nephew for his slothfulness and evil manners was deposed by the Nobles suffrages, and Alphanso his Brother, though but a young child proclaimed King. After his death Elizabeth, (Henry his sister) had the chief government of the Realm • leaving Henry. And for a conclusion he adds, That such a Tyrannicall King continuing incorrigible after public admonitions of the whole State, if there be no hopes of amendnent, may not only be deposed, but put to death and murdered by the whole State, or any particular persons by their appointment; yea without it, ( a note somewhat above Ela) if he be declared a public enemy by the whole state; and in case the whole states cannot publicly assemble by reason of such a Princes known notorious tyranny, he writes, That then in such a case it is lawful for any private man to murder him, to free the Country and Kingdom from destruction. Adding, that it is a wholesome meditation for Princes to be persuaded, that if they oppress the Common-wealth, if they become intolerable thorough vices and filthiness, that they live in such a condition, that they may not only be slain of right, but with laud and glory. Peradventure this fear will retard some Princes that they give not themselves wholly to be corrupted with vices flatterers, and cast bridles upon their fury. That which is the chief, let the Prince be persuaded, that the authority of the whole Common-wealth is greater then his, being but one, neither let him believe the worst of men, affirming the contrary for to gratify him, which is very pernicious. All these positions of Mariana ( however other Kings and Kingdoms may relish them, especially the last touching private Subjects, which few can approve, the Parliaments of France doing public execution on this Book, as they had just cause, for extolling and justifying the barbaro • s murder of their King Henry the 3. by James Clement a Dominican Frier, l. 1. c. 6. p. 51. to 57. and justifying the Guises Rebellion) are yet authorized as Catholic and Orthodox by the most Catholic King of Spain, and the Emperor of Germany, in whose Kingdoms they pass for currant coin, the most dangerous of them being seconded, not only by Hieronymus Blanca in his Aragonensium Rerum Commentaries, Johannes Pistorius Hispaniae Illustratae, &c. and other Spanish Historians collected by him, but likewise by Alvarius Pelagius, Cardinal Tolet, Capistranus, Dominicus Banns, Franciscus Victoria, Simancha Patensis, Gregory de Valentia, Suarez, the Doctors of Salamancha, Becanus, Bellarmine, with other Spanish Jesuits & Writers, who most here • ically affirm, That even the Pope alone either with or without a Counc • ll, for heresy ( as they deem it) and obstinacy against the See of Rome, may excommunicate, censure, despose, kill, or murder any Christian Princes, depose them from their thrones, dispose of their Crowns to others at their pleasures, absolve their subjects wholly from their allegiance, and give subjects power to rise up in arms against and murder them by open force or secret treachery; which Bishop Bilson truly affirms to be far more dangerous and derogatory to Princes, then to attribute such a power, not to any particular persons but to their own whole Kingdoms and Parliaments only: who being many in number, of the same Nation and Religion with, and having many dependencies on, and many engagements by oath, duty, favors, benefits to their Princes, less malice against them, judging only according to the fundamental Laws of the Realm, and former presidents of their An • cestors, and aiming at nothing but their Kingdoms sa • ety, are like to be more just indifferent Judges of their Princes actions when questioned, then the Pope, a mere enemy and forraigner; who proceeds by no other authority, but what he hath unjustly usurped from Kings, and by no other rules but his own will, pride, malice, honor, or profit. I have thus given you an account of the Kings of Spain's subordination to their whole kingdoms and Laws in point of Thesis and positive Doctrine approved by themselves, professed by their eminentest Wri • ers, I shall now procced to Historical examples to confirm it in point of practice.

Ordogno the 14. king of Castile, summoned 4. Earls of Castile to appear before him, who refused to go to the wars against the Saracens, promising them safe conduct, notwithstanding he commanded them to be apprehended, imprisoned and sl • in; for wh • ch bloody Treachery those of Castile rebelled against him, rejecting his government, and providing for the • afety of them and theirs, Duos Milites, non de potentioribus, sed. de prudentioribus eligerunt, quos & Indices statuerunt, &c. They elected two prudent Knights of their own to be their Magistrates and Judges, to govern them, to manage their wars, and administer justice to them: the one was named Fl • vius Calvus, the other Nunius, surnamed de Rasura, whose Son G • ndesalvus after his Fathers death, was substituted in his place, made General of the Militia; ( Principatum Militiae addiderunt) and his son after him, tam à Magnatibus & Militibus, quam AB VNIVERSIS POPVLIS CASTE LANIS, made Earl of Castile, and all submitted themselves to his government, rejecting the Dominion both of Ordogno and his brother King Froila after him, for their tyranny and treachery. Alphonso the great King of Gallecia about the year of Christ 918. imprisoning his eldest son Garsias, laying him in irons and exercising other cruel • ies, was by the practice of his own Queen Semena and his other sons and Nobles, so prosecuted and put to such straits; that they enforced him to resig • his Crown to his son Garcias, and to deprive him • else of his g • uernment in the presence of his sons and the grandees of his Realm; after which he requested his son to r • ise and grant him an Army to go against the S • razens, who condescending thereto, he gained a glorious Victory ou • r them, and so died Alphonso son of Ord • gno, King of Castile, after 5. years reign, out of levity rather then Religion, resigned his Crown to Ramire his younger Brother, and then turned Monk about the year 939 but not long after, casting, off his Coul & leaving his Monastery, he • egan to • aise forces, and to aspire to the Crown again which he had resigned; whe • upon Ramir raised an Army against him, and after 2. years wars took him prisoner, put cut his eyes, and thrust him into a Monastery. John the first, the 35 King of Castile after the death of Ferdinand King of Portugal claimed that kingdom i • right of Eleanor his wife and next Heir, but the Portugals elected John, a bastard, a Knight of the blood Royal for their King, and excluded Eleanor. Henry the 4. the 38. King of Castile, having no children lawfully begotten, would have made Elizabeth his bastard daughter heir to the Crown; but the Nobles would no ways permit it; and resisting him with all their might, preferred his own sister Elizabeth to the Crown, and married her to Ferdinand the 6▪ son to John King of Aragon, rejecting his spurious daughter. And F • ier John de T • ixerai • his Book of The Original of the Kings of Portugal, affirms, that the Kings of Portugal, were usually ELECTED BY THE SVFFRAGES AND FREE CHOICE OF THE PEOPLE, who had power to confer the Kingdom on whom they pleased: averring, that Alfonso 1. 3. and 5. John the 1. Immanuel and Antonio, Kings of Portugal, were thus elected, Which though Duardus Nonius Leo, a Portugois Lawyer denies, and seems to resute; yet he grants freely, that the Parliament or Assembly of the Estates in Portugal have usually determined the Title, Right, and ordered the Succession of that Crown in the Cases of these Princes, and determined of their Legitimate or spurious births: That when the Kings of Portugal have died without Heirs, they have BY THE LAW OF ALL NATIONS freely elected whom they thought meetest for their King: And that after the death of King Ferd • nand, they put by John and Ferdinand the • onnes of King Peter, begotten of Agnes de Castro his Concubine, from the Crown, because they were bastards; and moreover enemies to the name and Realm of the Portugois, entering with Henry and Peter Kings of Castile, in an hostile manner with an Army into the Confines of Portugal wasting them everywhere, and doing great damages to, and committing many murders among their Citizens; for which reason, the States assembled at Cotmbri, resolved, that although they were legitimate, yet THEY COULD NOT OBTAIN THE SUCCESSION OF THAT KINGDOME, quod se hosts & alienos a Portugalia declarassent, because • HEY HAD THUS DECLARED THEMSELVES ENEMIES AND AL • ENS TO PORTVGALL. And therefore believing the Kingdom to be void for want of a right heir to succeed, in which case, BY THE LAW OF ALL NATIONS THEY MIGHT LAWFVLLY ELECT THEM WHAT KING THEY PLEASED, they chose John the Bastard, King, After which he shows, that Philip th • 2. his Tide to the Crown, was long debated by, and resolved in the Assembly of the States of Portugal in the life of king Henry, who summoned all the Pretenders to the Crown to come and declare their Titles to it in a Parliament held at Alm • erin, upon the Petition of the Senate and People, who earnestly pressed him, that the Title of the crown might be settled and discided during his life, to prevent division and c • vill wars after his death: By which it is apparent, that the Assembly of the Estates of Portugal, is the most Sovereign power and above their kings themselves.

It is clear, that the Gothish kings which reigned in Spain were not hereditary, but elective, yea, censu • able, excommunicable, and desposable by them for their Male-administrations. The General History of Spain is express, that among the Goths they did not reign by right and succession from Father to Son, but those were chosen Kings among them, which were held worthy; which election was made by the Nobility and People, and if any one did affect that dignity by any other unlawful means. he was excommunicated and rejected from the company of Christians; as appear • s by the 5. Council of Toledo. Thus Vallia the 1. king of the Goths, An. 418. Agila the 11. king An. 546. Luiba the 13. king An. 5 • 5. Gundamir the 18. king An. 610. Suintilla the 20. king An 621. Tul •• the 23. King An. 642. Bamba the 26. king of Goths, an. 672. to omit others, were elected by the Nobles and people, though now and then the Crown went by succession through usurpation rather then right,

Theodiscle the tenth king of the Goths in Spain, giving himself to lusts and adulteries, polluted great and honest families, corrupted Nobles wives, and committed many murders; whereupon the chief of the Goths conspiring against him, strangled him at Sevill rioting in his banquets, and elected Agila for their king: So Victrix the 17. king of the Goths, a vicious base unworthy Prince, was miserably slain by his own people for his viciousness, as he sat at Table. Suin • illa the 20. king of the Goths, in the beginning was a good Prince, but in the end he grew exceeding covetous and cruel; wherefore the Goths made him resign his Kingdom about the year 630. and deprived him of the crown, he was likewise excommunicated by the Bishops (whose power at that time began to equal that of Kings) at the 4. Council of Toledo; which interdicted him, with Geilands brother, their wives and children, the communion and fellowship of the Church, and the possession of their goods gotten by violence and tyrannical means; and Sisenand his adversary, with the consent of the people, obtained the Kingdom. The 6. Council of Toledo under Cinthilla the 22. king of Goths, about the year 686. decreed, and by a perpetual law imposed on the Kings of Spain, not to suffer any one to live within their Dominions, which was not a Catholic; the which their kings should solemnly swear before they were crowned; and if any king should go against that Law which he had thus s • orn, he should be excommunicate and accursed in sight of the eternal God, and made the fuel of eternal fire: which Canon was made, not only by the assent of this king & his Bishops but likewise with the consent & deliberation of his Nobles and great men. In the 5. Council of Toledo under this king it was decreed, C • n. 2, 3, 4, 5, 6, 7. That the kings children and faithful servants after their death • , should not be deprived of the lands, honors, and just rewards by the succeeding kings, which had been conferred on them in their lives; That no man should aspire to the crown lice •• iously, under pain of excommunication and a divine Anathema, whom neither THE ELECTION OF ALL, nor the Nobility of the Gothisn Nation had no • advanced to this top of honor. That none should, during the kings life, endeavor or use means to succeed him after his death; nor yet revile the Prince, under pain of excomunication. All which particulars were ra • ified by new Canons in the 6. Council of Toledo under this king, Can. 14, 15, 15, 17, 18. with this addition; That the king being dead, none should usu • p the kingdom by tyrannical presumption; that none who had been shaven a Monk, or dishonestly bald, or descended from a servile stock, or a m • n of a foreign Na • ion, unless worthy both in respect of his Pedigree and manners, should be promoted to the Throne of the Kingdom; nor no man attempt the Princes destruction, life, or usurp his Crown tyrannically, under pain of being smitten with a perpetual Anathema, and eternal condemnation, for breach of any the premises These Councils, as Mariana observes, were in truth General Assemblies of the Estates, where they handled not only matters of Religion, but likewise of the Commonwealth by common consent of all. Bamba the 26. king of the Goths (after Louis de May • rn Turquets computation which I follow but 32. after Roderick Sancho) was elected king by the Goths, as he was plowing with his Oxen in the field, being a plain country man. Some say, that he would never have received this honor and charge, but by constraint, and that refusing it absolute • lie, a Noble man of the Goths drew his sword, and threatened to kill him if he did not yield to the Goths entreat • es, and that his Goad wherewith he drove his Oxen did suddenly in his hand bring forth leaves. fruit, and roots; whereupon he took this dignity upon him, more for fear than for any desire to reign. Anno 672. After which Eruinge ambitious of command, poisoned king Bamba, so as he became mad; for curing whereof many natural and superstitious medicines were applied, but to small effect; so as Bamba coming a little to himself again, and finding his disability to govern, willingly quit the Crown, and retired himself into a Monastery at Pampliga, where he lived seven years and one month, and Eruinge was chosen king in his pl • ce, whose Election was confirmed and allowed lawful in the 12 Council of Toledo, Can. 1. as Elected thereto by God, and ALL THE PEOPLES DESIRES; whom this Council absolved from their Oath of allegiance formerly made to King Bamba, whiles he held the Kingdom. In the thirteenth Council of Toledo under this King Eruinge. Anno 684. it was decreed, That neither the King nor any other should marry the Widow of the deceased King, upon pain of excommunication, and to be damned to Hell fire.

Vitiza the nine and twentieth King of the Goths, at his first coming to the Crown, shown himself mild, liberal and religious, but soon after became the infa • my and dishonor of Kings, being full of all excess of Just, impiety, hypoerisie and dissimulation, and exceeding in all vices without shame; he filled his Palace with many Wives, which he married, and Concubines too; he publicly allowed to all men, Nobles, Commons, Priests and Clergy, to marry as many wives, and keep as many W • ores as they pleased; he used grea • cruelty to many: flattered the Clergy, left by their censures they should draw the people from obeying so filthy and unchaste a king. To prevent all rebellions (under the color of peace which Spain did then enjoy) he caused all the Towns of Spain to be dismantled, except Leon, Toledo, and Asturica; he disarmed the people, disanulled all the immunities of the Church; he recalled the banished the Jews, and granted them great privileges; he advanced a most • icked wretch to great honors, execrable to all the people, that so he might not say, himself was the worst of men: Finally, as a presage of his future miseries, he shown (in all sorts of excess and violence, contrary to the Laws of God and men) what Princes ill instructed and ignorant of true piety could do: A Buffone asking him me • rily, Why do you being a King & the son of a King, do thus, you may lose your Kingdom? Hereplyed like another Dionysius, My Father left me his kingdoms, not fortune. In fine, Rodorick with the aid of the Goths Nobility and of the Romans, chased this in famous Monster out of the Throne, which he unworthily held, defeated, and took him prisoner in a set battle, put out his eyes as he had put out others, confined him to Cordova, where he spent his days in misery, without Title or honor, and by suffrages of the people Rodorick obtained the Crown; who soon after exceeded Vitiza in all manner of vices, cruelty, and tyranny, and ravished the daughter of Julian Earl of Cava, whiles he was in embassage in Afric for the affairs of the kingdom; Who to revenge this indignity, and cast out this wicked Monster, Anno 713. called the Mores into Spain, who over-ran and conquered the Kingdom, destroyed Rodorick and put a Period to the Goths kingdom in Spain. Thus Tyrannicall vicious Princes ruin at last both themselves and their Realms.

Among the Laws of the Wisigothes, Lib. 2. c. 2. 6. I find not only an Act declaring their Kings to be subject to their Laws as well as subjects, but likewise a Law restraining their Kings excesses, and dis-enabling them to alien their Crown lands or revenues to their own Children or others, but only the Lands which themselves shall purchase; which was likewise decreed in the eighth Council of Tolede, under king Recesuinthus, wherein there was this complaint made. Quosdam conspeximus Reges, postquam fuerint regni gloriam assequuti, extenuatis viribus populorum, rei propriae congerere lucrum; & obliti, quod reges sunt vocati, defensionem in vastationem convertunt, qui vastationem defensione pellere debuerunt; illud gravius innectentes, qu • d ea quae videntur acquirere, non regni depistant honori, vel gloriae, sed it a malunt in suo jure consundi, ut veluti ex debito descernant haec in liberourm posteritatem transmitti: Resolving, that non personae sed potentiae haec subdi debere, non habenda parentali succession, sed possidendaregali congressione; regem terrenum jura faciunt, non persona, &c. I likewise find another Law, nullifying all unjust judgments and sentences given by Judges through fear or command of the King. And another Law, giving the King power over all offenders against himself, but denying him power to pardon any. Delinquents against the Nation or Country. All which considered, prove the whole State, Kingdom and Councils among the Spanish Goths, to be above their kings, who were liable to their restraints, excommunications, Laws, Censures, Depositions, for their male-administrations, vicious lives, and not successive but elected by them.

Pelagius the first king of Oviedo, • as elected king, and that kingdom erected by the general consent of the people oppressed by the Moors, about the year, 618. during whose reign there were several Vice-royes of the Moors, in Spain, as Alcazazin, and • b • atan and others. His son king Fasila was slain by a Bear which he pursued in the mountains: I doubt his Subjects would have resisted him as well as the Bear, had the made war upon them. Froil • the fourth king of Ovedo treacherously slew his own brother Vtmaran a gallant Knight, generally beloved, (out of jealousy) lest he should usurp the Crown; in revenge of whose death he was soon after slain by his own brother A • relius, Anno 767. who succeeded Froila in the Realm, notwithstanding he left a son called D Alphonso the chaste; but the hatred that the Noblemen did bear unto his father, was the cause of his r • j • ection, being then also very young; whereby it appears, that the right of succession was not in those days practiced in Spain; Sillo his brother-in-Law succeeded him; after whose death by general consent, the kingdom was given to Alphons • . Ramir the tenth king of Oviedo did that which all other Princes abhor, for he received his son to be companion with him in his kingdom, and caused his brother Garcia to reig • with him, so as there were now two kings and Courts in Oviedo, both agreeing well together. Anno 894. Froila dying without issue, because his children were too young to reign, the Nobles conferred the kingdom on Alphonso the fourth, who after five years turned Monk. Ramir the third, twentieth king, of Leon, abandoning himself to a voluptuous life, contemned all good counsel, so as the Earls and Noblemen of Gallicia seeing his folly, and discontented with his vices, scorned him, and would no more acknowledge him to be their king, electing Bermund for their Sovereign, and entitled him king of Gallicia, which title he enjoyed ten years About which time the Moors in Spain which had one king reigning at Cordova, after the death of king. Mahomet, made so many petty kings, as there was scarce any good town in. Spain, but had a particular King, which made strict alliances among themselves for the preservation of their estates. Anno 1071, Garcia king in Gallicia growing a tyrant, spoiled and ill entreated his Subjects, governing himself after the appetite or a base woman, who put the Nobility and Gentry in favor or disgrace with the king as she pleased, so as in the end growing insupportable, certain Knights slew her in the kings presence; His brother Sancho taking advantage of the people's hearted, entered his Realm with a great Army; who thereupon being deserted generally by his people, sled to the Moors for aid, and fell to spoil his own Country, after which he was defeated, taken prisoner, and so kept in the Castle of Lune with a good Guard till his death.

I read in John Mariana, that in the Council of Florence under Pope Victor the second, Anno 1055. Hildebrand a Cardinal Deacon Ambassador to Henry the second, Emperor of Germany, complained in the Council against Ferdina • d king of Spain, in the Emperors Name, That against the Custom of his Ancestors and prescript of Laws, he did with incredible a • rogancy and levity hold himself exempt from the power of the Roman Empire, which injury himself could gladly suffer, if there were no other loss but of his own honor; But since the estate of Chr • stendom could not well subsist, and the Pop • s Authority would likewise be impaired, unless all Christian kingdoms were united and knit to gether under one temporal head the Emperor, whom they should obey; they ought to suppress the springing temerity in the Wombe, lest by their neglect spreading itself into other Provinces, animated with the sweet, and ofttimes deceitful name of liberty, the sacred Majesty of the Empire and Popedom should be reduced to an empty title; wherefore he desired them to interdict all Spain, and excommuniate the King; which if they did, he would be assistant to the Churches honor and Republik • s safety then endangered: B • t if they refused it out of fear, he would not be wanting to the honor of the Empire, & would certainly look to himself in private. The Pope after some deliberation, approved this motion as just, & thereupon sends Lega • s to Ferdinand in his own and the Councils name, to satisfy the Emperors demands fourthwirth▪ under pain of present excommunica • ion. The King doubtful and fearful whether to obey or not, summons a general Assembly of the Estates of the Realm: The Clergy and religious sort of men persuaded submission, for fear of the Popes excommunication; the fearfuller sort concurring with them, by reason of the Emperors power and their own we • knesse and destraction, and the Kings desires of peace, inclined most to their opinion, But • ome heroic spirits thought that a most grievous yoke should thereby be laid on the liberty of Spain; Which being once admitted on their • ecks, they should hardly shake off again; that it was better to die fighting, then that the Republic should be involved in so great a mischief and indignity. Rodoricus Diacius, a noble Spaniards opinion (then absent from the assembly) being required by the king and it, answered. That this was no matter of Counsel: that what was gotten with Arms was to be defended with Arms; that it seemed most unjust, that the fruit of others valor should return to those who in their lost condition had not communicated in the labor and danger which recovered it; a that it was better to die valiantly, than to lose the liberty gained by their Ancestors, to become a mocking-stock to a barbarous and cruel nation, who contemned all men bus. themselves; whose ears were proud, whose speeches contumelious, whose access difficult, riotings new, cruelty inhumane; Shall we who have yet hardly escaped the servitude of Moors, undergo anew bondage prepared, from the Christians? They will deride both us and ours. Doth the whole world, as far as Christianity extends it self, obey the German Emperors? Shall all the grace, power, honor, riches, gained by ours, and our Ancessors blood, give place to the Germans? Shall they leave dangers, repulses, iudgemen, want to us? Shall Germany again lay on us the yoke of the Roman Empire, which our Ancestors have shaken off? Shall we be a vulgar people without grace, without Empire, without authority, obnoxious to those, to whom if we had vigorous minds, if we were men, we might be a terror? But it is difficult to resist the Emperous endeavors, not to obey the Roman Pontifs commands: verily it a basnesse of spirits, for an uncertain fear of war, to involve the Commonwealth in most certain dangers: many things are effected by trial, which seemed difficult to slothful men. I know not what stupidity hath seized on many, whom neither glory moves, nor the infamey of the wretchedness, thinking it great liberty enough if they be freed from scourges. I suppose the Popes ears will not be so averse to our affairs, that he will not be moved with our most just prayers, and the equity of the cause; Let some now be sent, who may boldly defend the cause of our liberty before him, and teach him, that the Germans demand unjust things. Mine opinion is, that the liberty gained by our Ancestors, it to be defended with arms against the attempts of all men, and with this my sword I will maintain, THAT THEY ARE MOST WICKED TRAITORS TO THEIR COVNTREY, who out of a simulation of a fond Religion, or show of preposterous caution, shall give contrary advice, neither shall resolve, that servitude is to be repudiated with greater care by us, then domination is affected by them. So far forth as everyone shall addict himself to the liberty of his Coun • rey, so far shall I be a friend unto him, or a deadly enemy. This opinion of Roderic prevailed, in pursuit where of they raise an army of ten thousand men, whereof he was made General; they send Ambassadors to the Pope and Council, whereof Roderic was chief; and upon a full hearing of the cause before Rup • rt Cardinal of • aint Sabria, the Popes Legat, at Toulouse, judgment was pronounced for the liberty of Spain, and it was decreed, That the German Emperors should from thenceforth have no power nor jurisdiction over the Kings of Spain; which was afterwards confirmed by the customs of the people, the consent of other Nations, the public resolution and judgment of Lawyers; as Iac • obus Valdesius in his Book de dignitate Regum Hispaniae printed 1602. Cap. 18. proves at large.

The General History of Spain, records, that the Council of Florence resolved, that seeing the Kings of Spain had defended and conq • ered their Realms by Arms, without any aid from the Emperors, they were free and exempt from all subjection and acknowledgement to the Emperors; whereof we may read the Gloss upon the Chapter Adrianus Papa, distinct. 63. The like privilege have the Kings of France, the State of Venice, the Kings of England, and some others; Which clearly demonstrates, the Sovereign power of Kingdoms and Nations even over their Kings and Princes, and that they may justly descend themselves, and Elect other Princes, when they are deserted or destroyed by them.

Anno 1083. Sacho Ramires king of Aragon, to supply the charge • s of his wars against the Moors, was sometimes forced to use the revenues of his Clergy, his Treasure being not able to furn • sh so great a charge; but the Bishops of his Country, who affected nothing more but to enrich their own Order and State, opposed themselves against him, and afflicted him in such sort, as putting him in a vain fear, that he was damned for this cause, They made him do Penance in the Church of Roda before Saint Vincents Altar, in the presence and at the pursuit of Raymund Dolmare, Bishop of that place, the Bishop of Jarca, and others, and to confess publicly, that he had grievously offended. Thus those good Fathers publicly insulted over their Sovereign.

Anno 1091. king Alphonso granted this privilege, among other, to Toledo. That the City of Toledo might never be alienated from the Crown, nor given upon any Title whatsoever, to man, woman, or child.

Anno 1076. Sancho King of Na • arre was slain in battle by his brother Raymond thinking to reign after him, but the Navarroyes expelled him out of their confines, disdaining that he should reign over them, who had embrued his hands in his kingly brothers blood, and sending to Sancho Ramires, 4. king of Aragon, called him to reign over them, because their slain kings sons were • oo young to reign, and protect them from their enemies; by which means the kingdoms of Aragon and Navarre were united. Veracha Queen of Castile, a most lascivious open Adulteress, by her unchaste life so far provoked her husband Alphonso, that he was divorced from her, made war against her and confined her: After which she still continuing in her lewdness, the Nobility and States of Castile and Leon, revolt from her, take arms against her, depose her from the Crown, and elect and crown her son Alphonso the 8. king An. 1122. allowing her only a pension to support her life. Alphonso King of Aragon by his last Will and Testament, most solemnly ratified, for the expiation of his sins, gave divers crown Lands, Tenements, Revenues, and Legacies to Religious houses and persons, An. 1132. but being prejudicial to the Crown, his Will after his death was held void and not put in execution: he being slain by the Moors An. 1134. the States of Aragon elected one Peter Tares for their King: who growing exceeding proud of his new dignity, began to despise the Nobles, and abrogate the Laws and customs of the Country: And the Nobles (being assembled at a general Assembly of the States) going to visit him, he comanded his Porter to shat them out, saying, that Monsieur was busy about matters of great importance, but they understood afterwards, that the great affairs causing him to exclude his friends were, his Barbar was trimming him: which so incensed the Nobles and great men, that the nex • day they held their general Assembly of the Estates without the King; where they first of all decreed to depose their new king, because being • in honor he had no understanding of himself, and because they found he would grow more proud and insolent afterwards: whereupon expelling Peter, the Estates assembling at Borta. elected Ramier a Monk, brother to king Alphonso, for their King; who was much derided of his Nobles for his Monkish simplicity, and at last turned Monk again: But those of Navarre thinking a Monk to be better acquainted with the matters of a Monastery then how to govern a Kingdom, and being jealous that the Arragonoys by choosing a King of the blood Royal of Aragon, would by this means aspire to the chief places of honor and favor in Court, it was concluded, that the Estates of Navarre should assemble at Pampelone, where they chose Garcia Remi • es their King of Navarre; and so the Realms of Aragon and Navarre which had been u • ited 58. years, were separated in these two Kings. The Kingdoms of Spain being often before and since this time united and divided, as the people and Realms assented or dissented thereunto. Not to mention the troubles of Castile by reason of the nonage of their king Alphonso the fourth, of whose custody and tuition the assembly of the Estates disposed; or how some Knights of Castile slew a Jew, with whom this king was so enamored, that he forgot his new Spouse, and almost lost h • s senses. A • no 1179. king. Alphonso assembled the Estates of Castile at Burgon, to levy a Text upon the people, whereto the Nob • litie, as well as the rest, should contribute, imposing 5. Maravidis of gold for every person; but it took no effect: for all the Gentlemen of Castile being discontented, that he sought to inf • inge their Liberties, fell to arms, and being led by the Earl Don Pedro de Lara, they were resolved to resist this tax, and defend their Liberties with the hazard of their lives. Whereupon Alphonso changed his opinion, and let them understand, that from thenceforth he would maintain their immunities; and that whatsoever he had then propounded, was not to continue, but only to supply the present necessity of affairs, which he would seek to furnish by some other means. For the great resolution which Don Pedro de Lara shown in this action, the Nobility of Castile did grant to him and his successors, a solemn breakfast in testimony of his good endeavor in a business of so great consequence, and thereby the Lord's of Lara have the first voice for the Nobility in the Court of Castile. An. 1204. King Alphonso the Noble called a Parliament of the Lord's, Prelates and Deputies of the Towns of his Realm at Toledo, to advise and assist him in his wars against the Moors; where they concluded to crave aid from all Christian Princes, and a Crossado from the Pope against the Moors, and made divers Laws to restrain the superfluities of the Realm in feasts, apparel, and other things.

James the 8. King of Aragon being young at the time of his Fathers death, it was thereupon after ordained in the assemblies of the Estates of Mencon and Lirida, that Don Sancho Earl of Roussilon should govern the Realm during the Kings minority; but they gave him limitation: The Kings person they recommended to Frier William of Moncedon, Mr. of the Templars: After which An. 1220. this young kings Vncles seeking to wrest the Realm from him instead of governing it, by the fidelity of the Estates and their authority, his interest was preserved, and three Governors with a superintendent of his Provinces were appointed by them; and to prevent the continual practices of the Earls of Roussillon and Fernand the king Uncles, the states and justice of Aragon declared the King of full age when he was but ten years old, and caused the Earl of Roussillon to quit the Regencie; the authority of the justice of Aragon being then great for the defense of the public liberty.

An. 1214. Asphonso the Noble king of Castile dying, his son Henry being but 11. year old, the Prelates, Nobles and Commons assembled at Burgon, having declared him king, and taken the oath, made Queen Eleonorahis Mother, Governesse of his Person and Realms: after whose death, the custody of him was committed to the hands of the Lord's of Lara: This king afterwards playing with other young children of Noble House • s at Palenca in the Bishops Palace, one of them cast a tyle from the top of a Tower, which falling on the covering of an house, heat down another tyle, which fell on the young kings head, wherewith he was so grievously hurt, that he died the eleventh day after, An. 1217 yet this his casual death (for ought I find) was neither r • puted Felony nor Treason in the child that was the cause of it. After whose death Fernand the 3. was proc • aimed and made King by the States of Castile, to prevent the pretensions of the French: after which his Mother Queen Berenguela in the presence of the Estates, renouncing all her right to the Crown, resigned it up t • her son Fernand: About this time the Moor • s in Spain rejected the Miralumims of A • rick, and created them several Kings and Kingdoms in Spain, being never more united under one Crown after this division, which they thought it lawful for them to make.

An. 1228. the Estates of Aragon assembling at Barcelona, they consenting and requiring it according to the custom of the Arragonians and Cattelans, (these Estates having authority to make War and Peace, and Leagues) awarre was resolved against the King of the Moors and Majorkins. Anno 1231. the Realm of Navarre being very ill governed, by reason their King Sancho retired to his chamber, did not speak with any man but his Household servants, and would not hear of any public affairs; thereupon the State began to think of electing a Regent to govern the Realm during his retiredness; to prevent which, Sancho made an unjust accord with the king of Navarre, and confederated with James King of Aragon, by the assents of the states of the Realm to leave his Kingdom to him if he survived him; yet after his death Thibault Earl of Champaigne was by the states of Navarre elected and proclaimed King. And anno 1236. The Estates of Aragon and Cateloigne assembled at Moncon for the continuance of the war with the Moors and conquest of Valentia, without whom it was not lawful for the King to undertake any matter of importance. For maintenance of this war, a custom called Marebetine, and an exaction of impost for cattle was by the Estates imposed on the People; it was likewise decreed, that all pieces of Gold and silver coined should be of one goodness and weight, to the observation of which Edict for coins, all were bound to swear that were above 18. years of age.

Anno 1236. James King of Aragon, revealing to his Confessor the Bishop of Girone, that before his marriage with Queen Yolant he had passed a matrimonial promise to Theresa of Bidame, she sued him thereupon before the Pope, who gave sentence against her for want of sufficient witness, notwithstanding his Confessors testimony: The King hereupon grew so angry with the Bishop for revealing his secrets, that sending for him to his chamber, he caused his tongue to be cut out: For which out-rage committed on the Bishop, though faulty, the Pope in the Council of Lions complained, and in the end interdicted all the Realm of Aragon, and excommunicated the king. Hereupon to take off this interdiction and excommunication, the king sent the Bishop of Valentia with his excuse and humiliation to the Pope; wherewith he being some what pacified, sent two Legates into Aragon; who having assembled a Synod of Bishops at Lerida, they caused the King to come thither, and to confess his fault upon his knees before these fathers, with great submission and tears, who gave him absolution, upon condition he should cause the Monastery of Boneface to be built, and endowed with an hundred and forty pounds of silver, of annual rent; endow an Hospital for the poor with four hundred pounds silver per annum, and give a Prebendary in the great Church of G • rone, for the maintenance of a Mass-priest. About which time the Moors in Spain erected many new Kings and Kingdoms by mutual consent, and Mahumad Ibn Alamar for his valor, was by the Inhabitants of Mariona, elected and made first King of Granado.

Anno 1243. all was in combustion in Portugal by the negllgence and baseness of their king Don Sancho Capello, who was wholly given to his wives humors, hated of the Portugales, and himself disliked for her sake: for many Malefactors and insolent persons were supported by her, who grew daily more audacious in their excess, without fear of Justice, which was trodden underfoot, for their respect. For these considerations, and her barrenness too, all the Noblemen of the kingdom desired to have the Queen (called Mencia) separated and sent out of Portugal: for effecting whereof, they made a great instance at Rome, but neither exhortation, admonition nor commandment, nor censure could prevail, the king so doting on her, that he would not leave her: Which the Portugals perceiving, some of them presumed to seize on her in the City of Coimbra, and conducted her into Gāllicia, from whence she never more returned into Portugal. Not content herewith, they sought to depose the King from his Royal dignity too, for his ill government, and to advance his Brother Don Alphonso to the Regal Throne, in his place; whom the Estates assembled made Regent of Portugal, leaving only the Title of King to his brother; which fact of the Estates, the Pope in the Council of Lions, authorized by his Apostolic power: with which the King being displeased, abandoned his Realm, and retired into Castile.

Anno 1247. The Laws and Customs of Aragon, were reduced into writing by King James his appointment, and compacted into one body, having till that time been observed only by tradition: which Volume was confirmed by the Estates held at Huesca: And the same year the King of Castile erected a kind of Chancery and standing Court of Parliament of 12. learned men, which followed the Court.

Anno 1254. Thibald the 2. king of Navarre being but 15. years old at the descent of the crown unto him, was at 25. years of age, declared of full age, and crowned King in the great church of Pampelone, where he did swear, TO PRESERVE AND AUGMENT THE PRIVILEDGES OF THE COVNTRY: Afterwards he doing homage to the king of Castile for the Realm of Navarre • , as his predecessors had done before him, and making such a peace with him as the prelates, Knights and Commonalties of the Realm in the States had approved, yet divers knights and the Inhabitants of the Borough of S • . •• rmin of Pampelone disallowed this homage, this peace, and would not subscribe to it, as tending to the kings dishonor; whereupon the king did punish them by sines▪ but his choller being past, some few days after, considering they were good and faithful subjects, loving his honor and greatness, and that they resisted his will out of true love and zeal which they owed to the Crown and their Country, he caused their F • nes to be restored.

Alphonso the 3. fifth King of Por •• gall putting away his 〈◊〉 wife Mahauis without cause after he had children by her, and marrying 〈◊〉 , hereupon when by no entreaties of Friends or the Pope he would entertain his first wife again, he was excommunicated by the Pope, and his Realm interdicted 10 or •• , yeerspace, continuing still obstinate till his first wife died, after which he was absolved.

Anno 1260. and in some year following, there were divers 〈◊〉 concerning the Crown Lands, and settling of Portions for the King of A • ragons younger children, moved and determined in the Assembly of the Estates of Arragons and the Nobility complaining, that their King James did b •• ache 〈◊〉 , made many Leagues and Factions. This matter being debated 〈…〉 Saragossa, and then at Exea in the year 1265. for pacifying these troubles they enacted, That no honors nor military fees should be given to any but to Gentlemen of race, and born in the Country. That no Gentleman should be subject to the 〈◊〉 of Cattle: nor to any other. That in all controversies which the Nobility might have against the king or among themselves, the Magistrate called the Justice Ma • or of Aragon should be Judge, being assisted by the Council. That the King should not give the fees and Military rewards:, allotted to them that do him service, as are co • peace of their virtue and valor, to any of his lawful children, who by right have their portions in the Realm: Anno. 1274. James King of Aragon coming to the Council of Lions, desirous thereto be crowned by the hands of Pope Gregory; (a ceremony whereof he made great account:) the Pope refused him, unless he would acknowledge himself vassal to the church of Rome, and pay the arrearages of the rent which the deceased King Don Pedro his Father had promised: the which King James would not do, holding it an unworthy thing so to d • base the greatness of his Crown, and restrain the Liberty of his Realm in any sort. And this year there were great and continual Tumults in Aragon, the Nobility opposing themselves against the King: for composing which differences the Estates of Aragon assembled in Parliament at Exea, where king James took the government and managing of the affairs of the Realm from his son Don Pedro: and diverse great Dons were there condemned of contumacy, and their Lands confiscated by the Justice Major of Aragon: In this Assembly the Nobility pleaded the Privileges of Catteloyne; That the Nobility might quit the Kings obedience in case of controversies and suites, especially if there were question of their Liberties, and to protest it publicly.

Anno 1265. Denis the infant King of Portugal desired his Grandfather Alphonso King of Castile to discharge the Realm of Portugal of the homage and vassalage it ought to the King of • eon, who thinking it would be taken ill by the Noblemen his Subjects, advised the infant to propound it in an open Assembly, called to that end. The opinion of Don Nugno de Lara was, that by no means he should diminish the authority and greatness of his Crown, which he should doc, if he did quit this homage to the King of Portugal: For which opinion the King growing angry with him, the residue fearing the kings displeasure, advised him to do it: Whereupon the Realm of Portugal was freed from all homage and subjection due to the Kings of Leon and Castile: For which prodigality the other Nobles and D. Nugno were so much discontented, that they made a League with the King of Granado against their own King, for dismembering Portugal from the Crown of Leon; to pacify which differences the King used many mediations, and at last called an Assembly of the Estates at Burgos, the which was held without the Town for the safety of these Confederates.

That great Astronomer Alphonso King of Castile, (who presumed to control the Author of Nature, saying; That if he had been at the Creation of the world, he should in many things have been of another opinion, and amended God's workmanship; ) was a most willful, indiscreet, unfortunate Prince: for his eldest son Fernand dying in his life time, leaving Alphonso and other issue males behind him, Don Sancho his second son resolved to dispossess his Nephews of the kingdom, saying; That it was fit, that he who was a Knight, and learned to govern a Realm, were it in war or peace, should reign after his Father rather then his Nephews, sons of his eldest brother who were very young, having need of Regents and Governors, charges which were affected by great personages, who by reason thereof grew into quarrels one with the other, to the oppression of the people, and hazard of the Estate. After which, Don Lope Diaz of Haro pressed the King to declare Don Sancho his son, his successor in the Realms of Castile, Toledo, Leon, and other places, being his eldest son then living; to which he giving a cold answer at first, having afterwards assembled the Estates in Segobia, he was by the King and the Estates consent declared and received as heir to the Crown after his Fathers decease, Fernands children being disinherited of their right, which fact was then excused and justified, because there was no law at that time which did bind the King, much less the Estates, to leave the Realm more to one son then to another: since which there was a law made and received in the time of Fernand the 5. in the City of Taro; where it was decreed by the Estates upon this difficulty, That the Children of the elder brother deceased, representing their fathers person, should in that respect be preferred before the Uncle: Hereupon Queen Violant, and Blanche widow to Fernand were so much discontented with the Decree of the Estates, disinheriting the eldest brothers sons, as taking the young children with them, they departed out of Castile to Don Pedro King of Aragon; where Don Sancho caused his Nephews to be imprisoned, whom king Alphonso laboring under hand to get releas • d, Don Sancho advertised hereof, made a league with the Moors of Granado, against his Father, and by assent of his confederates took upon him the Title of Regency of the Kingdom of Castile and other his Fathers dominions, refusing the Title of King, during his Fathers life time; who was forced to pawn his royal Crown and Jewels to Jacob Abin Joseph a Moore, King of Morocco, who aided him willingly against Don Sancho. After which in an Assembly of the States at Cordova with the advise of the Noble men and knights of Castile thereupon sent, by a Decree pronounced by the mouth of Don Manuel, in the name of the whole Nobility, Alphonso was deprived of all his Realms, for murthering his brother Don Frederick, and burning Don Rues unjustly without any form of justice or orderly proceedings, the breach of the rights and privileges of the Nobility, and the excessive wasting of the treasure of the Realm. Upon this there arose bloody Warr • s between the Father and son; and in the year 1282. Alphonso was so vexed with his sons proceedings, that he pronounced in the presence of many men of rank both Clergy and Laity in the City of Sevill, The curse of God and his upon Don Sancho, a son, said he, disobedient, rebellious, and a paricide, declaring him uncapable and unworthy to reign, depriving him of his successions, inheritance, and discharging the subjects, as much as in him lay, from all oath and homage which they had done unto him. But these were but words which Don Sancho did not much esteem; enjoying his Fathers kingdoms after his decease in Title, as he did before in act, and dying king of Custile, his h • ires succeeded him in that Realm, as lawful heirs thereunto.

Don Pedro the third, king of Aragon about the year 1283. had many controversies with his Nobles and knights who complained much of his sower disposition, and tyrannous manner of Government, insulting over the greatest, yea against his own blood, contrary to all Law and nature. Wherefore being ill entreated by him in their freedoms, whereof the Towns and Commonalties of his Countries did also complain, the Nobility, Knights and Gentry, for preservation of their Liberties made a Union together among themselves and with the people; promising and swearing to l • t the King and his son Don Alphonso (who was his Lieutenant General) understand, that if they did not contain themselves within the limits of the Laws of the Country, they would withdraw themselves from their obedience, and declare themselves enemies, and pursue them by arms that should seek to break them. The king hereupon called the Estates to Tarrasone, and afterwards to Saragossa, where he entreated, promised and did all what he could to break this Union: but he was forced to yield, and granted to the Arragonians the privilege they call General, whereby their Liberties which had been somewhat restrained, were again restored, the ancient manners of the Country, and customs of their ancestors put in practice. And moreover there were Laws made for their Kings, which they should be bound to obey; and for that they were in a mutiny in some places, by reason of certain Impositions laid upon salt, the traffic thereof was made free by the Estates. And the king refusing the judgment of the Justice Major of Aragon, deposing Pedro Martines Artassone (who then exercised it) from his Office, the Estates soon after at an assembly at Zutaria, fortified it with stronger Laws, deeming the Justice of Aragon to be a lawful Judge, (whom the King himself could not displace) even in Cases commenced against the King; who being cited and not appearing, there were Decrees made against him in many instances. In the end the King confirmed the Decrees of the Justice Major, and whatsoever should be concluded by the Estates, the Deputies and Counselors having given their suffrages.

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

Don Alphonso king of Aragon succeeding Pedro, Anno 1286. he was admonished by the Estates Ambassadors, to come speedily to the Assembly at Saragossa; where having sworn and promised the observation of the Customs, Rights and Privileges of the Country, and received the Oath of fealty from the Deputies, he might lawfully take upon him the Title of the King of Aragon; the which they said, he might not use before this Act and Ceremony, according to the ancient customs of Aragon. Upon these summons he came to the Assembly of the Estates to Saragossa, took the Oath aforesaid, after which he was Crowned: Which done there grew in this assembly a great contention, touching the reformation of the mannors of Courtiers, and the ordering of the Kings house; the Noblemen and Deputies of the Estates of Aragon maintaining; that the conusance thereof was incident to their charge; the King, and his household servants on the other side, denied, that there was either Law or custom which tied the King or his followers to any such subjection. In the end it was concluded, that the reformation of the Court should be made by twelve of the principal Families, the like number of Knights, four Deputies of Saragossa, and one of either of the other Cities, the which should give their voices in that case. This Vn • on of Aragon obtained likewise a Decree, that the King should have certain Counselors chosen, to wit, four of the chief Nobility, four Knights of noble and ancient races; four of his household servants, two Knights for the Realm of Valencia, two Citizens of Saragossa, and one of either of the other Cities (whom they particularly name) with a condition, that whilst the King should remain in Aragon, Ribagorca, or Valencia, two of those Noblemen, two of his servants, two Knights of Aragon, one of Valencia, and the four Deputies of the Realm of Aragon, should follow and reside in his Court, AS COVNCELLORS APPOINTED BY THE UNION; who protested by solemn Deputies sent to the King to that end, that if he did not receive, observe, and maintain those orders, THEY WOVLD SEIZE UPON ALL HIS REVENVES, and on all the fees, Offices, and dignities of such Noblemen as should contradict them. Thus were the Kings of Aragon entreated in those times by their subjects, who entered into a Union between themselves, resolving, That for the common cause of liberty Non verbis solum, SED ARMIS CONTENDERE LICERET; that it was lawful for them to contend not only with words, BVT WITH ARMS TO; and determined in this assembly of the States, A Comitijs intempestive discedere REGI NEFAS ESSE, That it was unlawful (yea, a grand offense) for the king to depart unseasonably from his Parliament, before it was determined. Our present case.

James the second of Aragon being in Sicily at the death of King Alph • nso, Don Pedro his brother assembled the Estates at Saragossa, to consult, left the State in his absence would receive some prejudice; where James arriving, having first 〈◊〉 and promised the observation of the Rights and Privileges of the Country, was received and crowned king. About the year 1320 James, by advice of his Estates held at Tarragone, made a perpetual Union of the Realms of Aragon and Valencia, and the Principal • ty of Catelone, the which from that time should not for any occasion he disunited. In which assembly Don James eldest son to the Crown, being ready to mary Leonora of Castile, suddenly, by a strange affection, quitting both his wife and succession to the Realm of Aragon, told his Father, That he had made a • ow neither to marry, nor to reign; so as notwithstanding all persuasions of the King and Noblemen. he quit his Birth-right to his Brother Don Alphonso, after the example of Esau: discharged the Estates of the Oath they had made unto him, and presently put on the habit of the Knights of Jerusalem; Whereupon his second brother, was by the Estates of Aragon acknowledged and sworn heir of these Kingdoms, after the decease of his father. At this time the Authority of the Justice of Aragon was so great, That it might both censure the King, and the Estates, and appoint them a place, and admit them that did assist, or reject them.

Ferdinand the fourth, king of Castile, being but a child when his father Sancho died, was in ward to his mother Queen Marry, his Protectresse; he had two competitors to the Crown, Alphonso de la Cede, and Don John, who making a strong confederacy, were both crowned Kings, against right, by several parts of his Realm, which they shared between them. The States assembled at Zamora granted great sums of money to Ferdinand to maintain the wars with his enemies, and procure a dispensation of Legitimation and marriage from the Pope, who would do nothing without great fees. After which he summoning an assembly of the Estates at M • dina, they refused to meet without the express command of the Queen Mother, who commanded them to assemble, and promised to be present, After this divers accords were made twixt him and his competitors; and at last calling an assembly of the Estates to assist him in his wars against the Moors; he soon after condemned two Knights, called Peter and John of Caravajal, without any great proofs, for a murder, and caused them to be cast down headlong from the top of the Rock of Martos; who professing their innocence at the execution, they adjourned the king to appear at the Tribunal Seat of Almighty God within thirty days after, to answer for their unjust deaths; who thereupon fell sick and died, leaving his son Alphonso the 12, very young; for whose Regency therebeing great competition, the inhabitants of Avila, and their Bishop resolved, not to give the possession and government of the Kings person to any one, that was not appointed by the assembly of the Estates; Whereupon the Estates assembling at Palence, committed the government of his person to Q. Mary his Grandmother and Queen Constance his mother; who dying, another Assembly of the Estates was called at Burgos, Anno 1314. who decreed, that the Government of the King, and Regencie of the Realm should be reduced all into one body betwixt Q Marry, Don Pedro, and Don John, and if any one of them should die, it should remain to the two other that did survive, and to one if two died. After this, Anno 1315. these Tutors and Governors of the Realm of Castile were required by the Estates in an Assembly at Carrion to give caution for their government, and to give an account what they had done. Who often jarring and crossing one another; divers Assemblies of Estates were oft called to accord them. Anno 1320. The Estates assembling, appointed new Governors of the King and Realm, who discharging their trust very lewdely and oppressing the People, Anno 1326. they were discharged of their Administration at a Parliament held at Vailledolet: in which the king did swear, to observe the fundamental Laws of the Realm, and to administer justice, maintaining everyone in his Estates. goods and honor: Which done, the Deputies of the Estates swore him Fealty. This King afterwards proving very cruel and tyrannical, his Nobles and Subjects of times successively took up defensive arms against him, his Tyranny augmenting their obstinacy, and procuring him still new troubles; Whereupon at last discerning his errors, he became more mild, and often assembled the Estates in Parliament, who gave him large Subsidies to maintain his wars against the Moors. The Province of Alava had a custom to choose a Lord under the Sovereignty of Castile, who did govern and enjoy the revenues appointed by the Lord's of the Country; for the election of whom they were accustomed to assemble in the Field of Arriaga; those of this Election being called Brethren, and the Assembly of the Brotherhood. Notwithstanding in the year 1332. the Brotherhood and Estates of this Province sent to K. Alphonso divers Articles, which they beseeched him to confirm, promising for their part, that this should be their last Assembly, and that the name and effect of their Brotherhood should remain forever extinct, and the Province be forever united to the Crown of Castile, if he would confirm those Articles to them, being 17. in number, which he did. The chief were these, That the King nor his Successors should not alien any place of his Demesnes. That the Gentlemen and their goods should be free and exempt from all Subsidies as they had been heretofore. That they and others of the Country should be governed according to the customs and rights of Soportilla; And that divers Towns and Villages therein specified should be free from all Tributes and Impositions.

About the year 1309. Muhammad King of Granado, becoming casually blind, was soon after deposed by his own Brother, and the great men of his Realm, who were discontented and disliked to be governed by a blind King, who could not lead them to the wars in p • rson. Which Kingdom went by Election commonly, as is evident by his three next successors, and Muhammad the sixth King of Granado.

Anno 1307. Louis Hutin was crowned King of Navarre at Pampelone, where he sware, to observe the Laws and Rights of the Realm. After which, Anno 1315. Philip the long was elected by the Estates of Navarre to be their king in right of his wife, but it was upon conditions drawn in writing which they tendered to him and the Queen to subscribe and swear to, before the solemnities of their Coronation, in the Estates assembled at Pampelone, which they yielded willingly unto; whereof the principal Articles were these:

1. First, to the Estates to maintain and keep the Rights, Laws, Customs, Liberties, and privileges of the Realm, both written and not written, whereof they were in possession, to them and their successors forever, and not to diminish, but rather augment them.

2. That they should disannul all that had been done to the prejudice thereof by the kings their Predecessors, and by their Ministers, without delay, notwithstanding any Let.

3. That for the term of 12. years to come they should not coin any money, but such as was then currant within the Realm, and that during their lives they should not coin above one sort of money, and that they should distribute part of the revenues, profits and commodities of the Realm unto the Subjects.

4. That they should not receive into their service above four strangers, but should employ them of the Country.

5. That the Forts and Garrison of the Realm should be given unto Gentlemen borne and dwelling in the Country, and not to any stranger, who should do homage to the Queen, and promise for to hold them for her, and for the lawful Heir of the Country.

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

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

8. That to the first son which God should give them, coming to the age of twenty years, they should leave the kingdom free and without factions, upon condition, that the Estates should pay unto them for their expenses an hundred thousand Sanchets, or other French money equivalent.

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

10. That if they infringe these Articles or any part of them, the Subjects should be quit of their Oath of subjection which they ought them.

These Articles being promised and sworn by the king and Queen, they were solemnly crowned, and the Deputies of the Estates, Noblemen and Officers of the Crown took their obedience to them. Upon this agreement, all the Castles and places of strength in Navarre were put into the hands of the Estates, who committed them unto the custody of faithful knights, in whose keeping they continued; a Catalogue of which Castles with the names of the knights that guarded them, by the Estates appointment, in the year 1335. you may read at large in the General History of Spain.

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

Anno 1331. king Philip of Navarre, to administer justice, erected a new Court of Parliament in Navarre, which was called New, to distinguish it from the old; HE AND THE THREE ESTATES of the Realm NAMING MEN WORTHY OF THAT CHARGE. Queen Jane and Philip deceasing, their son Charles the second, surnamed the Bad, for his cruelty and ill manners, was called by the three Estates of Navarre to Pampelone, and there crowned in their Assembly after the manner of his Ancestors, swearing to observe the Laws and Liberties of the Country. A • ter which a far stricter Oath was administered to Charles the 3, An. 1390.

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

Anno 1328. Alphonso King of Castile, treacherously murthering Don John the blind, his Kinsman, in his own Court, when he had invited him to dinner on all Saints day, and then condemning him for a Traitor. confiscating his lands (a fact unseemly for a King, who should be the mirror of Justice:) Hereupon Don John Manuell stood upon his Guard, fortified his Castles, revolted from the King for this his Treachery, allied himself with the Kings of Aragon and Granado, overran the Countries of C • style, from Almanca unto P