English Puritan & Reformed

The Sovereign Power of Parliaments and Kingdoms

William Prynne (1600-1669) · 378,653 words · 1683 min

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P • gnafield; the Prior of Saint John's, Don Fernand Rodrigues, hereupon caused the Cities of Toro, Zamora, and Vailledolit, to rebel and shut their ga • es against the King; and many others likewise re • olted from him: At last he was forced to call an Assembly of the Estates, who gave him Subsidies to aid him in his wars against the Moors) and to conclude a peace with Don Manuel and his other discontented Subjects; whom he afterwards spoiling of their lawful inheritances, and pursuing them in their honors and lives by Tyrannous cruelty, extending his outrageous disdain even to women of his own blood, he thereby so estranged most of his Princes and Nobles from him. that they revolted from him, and j • yned with Muhammad king of Granado, and the Moors in a war against him, which lasted three or four years, putting him to infinite troubl • , exations and expenses, enforcing him to make a dishonorable peace with the Moors, to release the Tribute which they paid him formerly; and after much media •• on he concluded a Peace throughout all the Realm with his discontented Subjects. This Prince thinking to reign more securely, had taken a course of extreme severity, showing himself cruel and treacherous to his Nobility, whereby he was feared, but withal he lost the love and respect of his subjects, so as he was no sooner freed from one danger, but he fell into another worse then the first, his Nobles holding this for a Maxim, That a Tyrant being offended will at some time revenge himself, and therefore they must not trust him upon any reconciliation, who to pacify the troubles which had grown by his own error, had made no difficulty to sacrifice (upon the people's spleen) his own Mignions, degrading, and in the end murthering, condemning them as Traitors after their death, yea, the Princes of his own blood, taking their goods, estates, and depriving the lawful Heirs, seeking to reign over free men, and generous Spirits as over beasts entreating them as base and effeminate slaves, who might not speak their opinions freely in matters of State and Government, of which they were held dead members and without feeling. Whereupon D. Manuel and other Nobles, as men endued with understanding, reason, and not forgetting the nature of Alphonso, who was proud, a contemner of all laws, and treacherous, they proceeded so far as to withdraw themselves from his subjection by protestation and public act, and entered into a league with the King of Portugal, incensing him to take up Arms for their defense: Where upon King Alphonso having some feeling, that cruelty was too violent remedy for men that were Nobly borne, he sought by all mild and courreous means to divide them, and to draw some of them to his service, which he effected, and so more easily conquered, and reduced their companions.

An. 1337. was founded the Town of Alegria of Dulanci, in the Province of Alava, and many Villages thereabout, the which obtained from the King the privileges and Laws of the Realm, whereby the inhabitants should govern themselves, with liberty to choose their own Judges.

Don Pedro the first, king of Castile, surnamed the cruel, most tyrannically murthering and poisoning divers of his Nobles and subjects without cause, banishing others, quitting Blanch his espoused wife within three days after his marriage, to enjoy the unchaste love of Doxna Maria de Paedilla, by whom he was enchanted, which much troubled the whole Court; divorcing himself without color, by the advice only of two Bishops, without the Popes assent, from Blanch, and marrying Jane of Castro in her life time; Hanging up divers Burgesses of Toledo causelessly, for taking the Queens part too openly, and among others a Goldsmiths son, who offered to be hanged to save his fathers life; causing his own brother Don Frederick, and divers Nobles else to be suddenly slain, Anno 1358. poisoning and murdering likewise divers Noble Ladies, among others Don Leonora his own Aunt: after which Anno 1360. he murthering two more of his own brethren, executing divers Clergy men, and Knights of Castile, banishing the Archbishop of Toledo, putting divers Jews (as Samuel Levy his High Treasurer, with his whole family) to death, to gain their Estates, and causing his own Queen Blanch to be poisoned, after she had long been kept prisoner by him. Anno 136 • . Hereupon his cruelties, rapines and murders growing excessive, and the Popes Legat denouncing him an utter Enemy to God and man, Henry Earl of Transtamara, his brother, with other Fugitives getting aid from the King of Navarre, entered Castile with an Army, where by the Nobles importunity he took upon him the title of King of Castile and Leon; which done, the whole Kingdom (long oppressed with D. Pedro his Tyranny) immediately revolted from him, so that in few days Henry found himself King of a mighty great Kingdom, almost without striking stroke, the people striving who should first receive him, such was their hatred to the Tyrant Pedro: who being doubtful what to do, fled with two and twenty Ships out of his Realm to Bayon, craving aid of the English to revest him in his Kingdom; mean time king Henry assembling the Estates at Burgon, they granted him the tenth penny of all the Merchandize they should • ell in the Realm, to maintain the wars against Pedro; who getting aid from the English upon conditions, accompanied with the valiant Black Prince of Wales, entered with a great Army into Spain, where the Prince writing to Henry, voluntarily to resign the Crown to Pedro his Brother, to avoid the effusion of Christian blood; he made answer, That he could not hearken to any accord with him, who had against the law of nature taken delight to murder so many of the blood Royal and other great personages of Castile, who had not respect of the Laws of the Country, and much less of God, falsifying his Oaths and promises, having no other rule in his actions, but his Tyrannous passions. Whereupon, battle being joined, Henry was conquered, and Pedro restored; But he discontenting the English and others, who had reseated him in his Kingdom, by his insolency and Tyranny, and the Biscaniers refusing to be under the command of strangers, whom they would never consent to be put in possession of their Country; and with all falling to his former cruelties, and courses contrary to the advice of his friends and Astrologers; he so estranged the hearts of all from him, that the English returning, and Henry receiving new forces from the French, entered Castile, suddenly, and conquered the Tyrant; who being betrayed into K • ng Henry his hands as he was taking his flight by night, King Henry stabbed him with dagger in the face, and at last getting him under him, slew him with his dagger for his excess and tyranny, Anno 1368. and reigned quietly in his steed.

I might prosecute and draw down the Histories of all the Spanish Kings and Kingdoms from his days till this present, which are full fraught with presidents of this nature, • o prove all the Kings of Spain inferior to their Kingdoms, Assemblies of the Estates, Laws, resistible, deprivable for their Tyrannyes; but because those who desire satisfaction in this kind, may read the Histories themselves more largely in the general History of Spain, in Ioannis Pistorius, his Hispanie Illustratae, (where all their chief Historians are collected into several volumnes:) and in Meteranus and Grimstons Histories of the Netherlands: I shall for brevity sake pretermit them altogether, concluding with one or two brief observations more touching the Gothish and Arragonian Kings in Spain, which will give great light and confirmation to the premises.

First, for the Antient Kings of the Goths in Spain, Aimoinius, and Hugo Grotius out of him, confess; that they received the Kingdom from the people, revocable by them at any time; and that the people might depose them as often as they displeased them; and therefore their acts might be rescinded and nulled by the people who gave them only a revocable power: which the premised Histories experimentally evidence: such likewise were the Kings of the Vandals, removable at the people's pleasure as Procopius writes: such the Kings of the Heruli, Quadi, Iazyges, Lombardes, Burgundians Moldavians Africans, the (l) Moors in Spain, the two annual Kings of Carthage, the ancient Germane Kings the Kings of Sparta; and most other Kings of Greece, as Historians and Authors of best credit relate.

Secondly, for the Kings of Aragon, and original constitution of the Kingdom, I find this memorable passage in Hieronymus Blanca his Rerum Arragonenfium Commentarius, pag. 586. 587. 590. & 72 • . 724. in the third Tom. of Ioannis Pistorius his Hispaniae illustratae, Sancho the fourth King of Aragon dying without issue, the Estates and people advising together what course they should take for their security and future good administration of the Common-weal, about the year of our Lord, 842. elected twelve principal men to whom they committed the care and government of the Republic during the Inter-regnum. These because they were very ancient men, were called Elders, from whence those who by birth are styled Rici-men, drew their original; And this manner of governing the Common-wealth continued long; But the great incursions of the Arabians pressing them, they imagined it would not continue firm and stable: Yet notwithstanding, taken with the sweetness of Liberty, they feared to subject themselves to the Empire of one man; because verily they believed that servitude would proceed from thence. Therefore having considered and rightly pondered all things, and reasons, they made this the result of all their Counsels; that they should consult with Pope Adrian the second, and the Lombards; what course they should take by their advise, which should be most meet for the perpetuating of the Empire: to whom, as reports go, they returned this answer. That preordaining certain Rights and Laws, retified with the previous religion of a cautionary oath, they should set up one King over them; but yet should reject a foreign Dominion; and that they should take heed, that he whom they adopted to be King, should be neither of the superiors, nor inferiors; left, if superior, he should oppress inferiors, or lest, if inferior, he should be derided by superiors; To which counsel and sentence they submitting, founded that ancient Suprarbian Court: For according to the answer given, all decreed, That they ought to elect one man excelling in virtue for their King; But yet, lest the pleasures of Kings, like as in other Princes, should likewise even among us become Laws, they first of all enacted some Laws by which they might heal this inconvenience. These Laws they afterward called the Suprarbian Court, which we should largely prosecute, but through the injury of time, the knowledge of them is buried, and some fragments of them only are extant, observed by Prince Charles himself, and some other Writers, which we shall verily remember; because they are as the first elements of our Republic, and contain in them, the institution of the Magistrate of the Justice of Aragon, which is the chief thing of our institution; therefore in the beginning of that Court it was provided, that the King which should be, since the Kingdom, lately taken from the Moors, was freely and voluntarily conferred on him, should be bound both by the Religion of an Oath, as likewise by the force and power of Laws, to observe the Laws and Liberties of the Kingdom; Now the Laws were these,

Governe thou the Kingdom in peace and righteousness, and give us better Courts of justice.

The things which shall be gained from the Moors, let them be divided not only between the Rich-men, but likewise between the soldiers and infantry; but let a stranger receive nothing from thence.

Let it be unlawful (or a wicked act) for the King to enact Laws, unless it be by the advice of his Subjects first given.

Let the King beware, that he begin no War, that he enter into no Peace, conclude no T • uce, or handle any other thing of great moment, without the concurring assent of the Elders.

Now lest that our Laws or Liberties should suffer any detriment, Let there be a certain middle Judge at hand, to whom it may be lawful to appeal from the King, if he shall wrong any one, and who may repel injuries, if peradventure he shall offer any to the Commonwealth.

With these Laws therefore and sanctions, those our Ancestors confirmed the enterprise of new moulding and reforming the Common-wealth: But verily this was the chiefest garrison for to retain their liberty, whereby they ordained the Presidentship of a middle Judge; placing the power in such sort in the King, that the temperating of it should be in the middle Judge: out of which things, the moderate and musical state of the Common-weal which we enjoy, is molded and made up. For from the very beginning of things even to these later times, we see by force of this intermediate Magistrate, and by the goodness and clemency of most peaceable Kings, that both our pristine liberty, and ancient Privilege hath been always retained, and due loyalty and reverence to the Kings Majesty, observed: Neither hath the Kingdom only emplored the help of this Magistrate against Kings, but the Kings themselves ofttimes against the Kingdom; by which means, many intestine evils have been appeased without any tumult, which unless they had been civilly suppressed, seemed verily to have been likely to have broken out to the common destruction of all men; so as we may rightly affirm, that in this alone, the sum of preserving civil concord both to Kings and the Kingdom hath consisted. This Magistrate was at first called THE IUSTICE MAIOR; afterwards assuming the name of the Kingdom it self, it was called THE IUSTICE OF ARAGON: By these (forementioned) prescribed Laws, the will of him who desired to be King of Aragon, was wholly to be directed and formed; and unless he would first suffer his faith to be obliged in most strick bonds for keeping of them, any future soliciting was to be preposterous. Having therefore laid the foundations of their Countries liberty, all of them began to dispute among themselves about electing a King: to which end, they all assembled together at Arahvest to choose a King; where they were suddenly besieged by the Arabians: which Iunicus Arista King of the Pompelonians hearing of, came with an Army and rescued them; whereupon they elected him for their King with unanimous consent, and calling him unto them, shown him the Laws they had pre-established; on • whereof, concerning the middle Magistrate, seemed most hard unto him: But having more diligently considered the matter, and that they voluntarily offered him the Kingdom gained from the enemies; He not only ratified the Laws themselves, but likewise added this new Law, or privilege to them: That if the Kingdom should happen hereafter to be oppressed by him against the LAWES, (Justice) or Liberties, the Kingdom it self should have free liberty to elect another King, whether a Christian or an Infidel; which clause of an Infidel King, they refused to have bestowed on them, because they judged it shameful and dishonorable: After which Iunicus taking an oath to observe the former Laws, was advanced to the Throne and made King of Aragon about the year 868. Moreover, to establish all these Laws and Constitutions, our Ancestors themselves adjoined the accession of a public Union; ordaining, that it should be lawful and just for them, to meet all together, ET REGI OBSISTERE ARMIS ET VI, and to resist the King with arms and force, as oft as there should be need to propulse any assault of him or his, made against the Laws; which form of assembling together for the common cause of liberty, they called a Union, (or Association:) Neither did they anciently less think all their Liberties to be preserved by this Union, then human bodies themselves are by nervs and bones. And although it were not prescribed in that Suprarbian Forum, yet they thought it deduced from the very beginnings of things, and deeply fixed and impressed in the sense of all men, and to be established by our common Law, as by another Law of Nature, and that its force was enough and more then sufficiently known and discerned by use and reason. For they said, it would be but a thing of little profit for them, to have good Laws enacted, and the very Iudiciary Presidentship of a middle Judge, if when there should be need, AD EARVM DEFENSIONEM ARMA CAPERE NON LICERET, cum jam tunc satis non esset pugnare consilliis; it should not be lawful for them to take up Arms in their defense, when as then it would not be sufficient in such a case to fight with Counsels.

Neither verily did that seem altogether impertinent from the matter, for if it should be so, all things long ere this had been in the power of Kings themselves. Whence our people reputed these two privileges of the Union obtained from Alphonso the 3. (to wit, That it shall be lawful for the Estates of the Realm, i • the King shall violate the Laws of the Country, To create a new King in his place; and without the crime of Treason, to make confederacies among themselves, and with Neighbor Princes To defend their Liberty; which King Ferdinand, upon the petition of the Castilians, refused to revoke, because he had taken a solemn Oath to observe them.) not as new favors or benefits, but as things done out of Office, &c. Therefore in those ancient Rulers of which we treat, the Liberty of our Country was hedged about by our Ancestors with three most strong fences; namely, with the Pretecture of this middle Judge, with the most ample power of the Rici-men (or Palatines ) and with this most fierce force of the Union; of which the first seemed to be Legal and civil; the other domestical and of greatest moment; the last warlike and popular. Neither ought it then to be enclosed with a lesser hedge, that so we might rejoice, that it hath thereby come safe & sound to us now. But of these garrisons or fences the ancient inventers of them, and those who next succeeded them, conferred more assistance and labor upon the two last, namely the domestic and popular, then on that Court presidentship: For they would always retain in themselves a power of moderating and governing the most loose reins of the Royal Dignity, which they might restrain or enlarge as there was need. The • fore they assigned those 12 elders to him elected out of the greatest men, by whose Counsels the Kings ought to be hedged in on every side: the place of which Elders, the Rici-men afterwards possessed; who were the chief of our Nobles; who in times past were second to the Kings in such sort, that they might seem to be their Peers and Companions. These called that public union to the aid of Liberty, and out of them were chosen those who should always be the prime and principal conservators of it: for thus they called the presidents of the Union. Finally, they sustained on their necks all the Offices and burdens of peace and war, if not with the same power as the Kings, yet I may truly say with very little less; for the Rici-men, as long as they flourished, relying on the Forces of the Union, did always hover over the Royal Empire, and by the entire power of their offices, if the violence or assaults of Kings were unjust, did from inordinate reduce them into order, and as it were into a circle of Law and Justice. In which thing verily their grave censorious and domestical authority had sufficient right and moment with our ancient Kings, who were well mannered: but if peradventure they could not with their fitting counsels bridle the exulting royal Forces, they did constantly repel them from their necks with the force of the raised Union. Thus and much more this Spanish Author, in whom you may read at large the Power and Authority of the Justice of Aragon, of the General Assembly of the Estates or Parliaments of that Kingdom, of their Rici men, Peers, Magistrates, Counselors, and in Ioannis de Laet. his Descrip • io Hispaniae, cap. 5. cite. Ioannis Mari. and De Rebus Hisp. l. 8. c. 1. & Gen. hist. of Spain, l. 17. p. 618.

To which l shall only add this most notable custom and ceremony used at the Coronation of the Kings of Aragon, recorded (q) by by Junius Brutus, (r) Franciscus Hotomanus, and others. The Arrogonians when as they create and crown their King in the Assembly of the Estates (or Parliament) of Aragon, to put the King in mind, that the Laws, the Justice of Aragon, and Assembly of Estates are above him, act a kind of Play that he may remember it the better: they bring in a man on whom they impose the name of the Justice of Aragon, whom by the common Decree of the people, they enact to be greater and more powerful then the King: to whom, sitting in an higher place, they make the King do homage; and then having created the King upon certain Laws and conditions, they speak unto him in these words, which show the Excellent and singular fortitude of that Nation in bridling their Kings: NOS QVI VALEMOS TANTO COME VOS, Y PODEMOS MAS QVE VOS, VOS ELEGIMOS REY, CON EST AS Y EST AS CONDITIONES INTRA VOS Y NOS VN QVE MANDA MAS QVE VOS: that is, We who are as great as you, and are able to do more then you, have chosen you King upon these and these conditions: Between you and us there is one greater in command then you; to wit, the Justice of Aragon; Which Ceremony (lest the King should forget it) is every three years repeated in the General Assembly of the States of Aragon; which Assembly the King is bound by Law to assemble, it being a part of the very Law of Nations, which sacred Liberty of Parliaments, and Assemblies if any Kings by evil arts restrain or suppress, as violaters of the Law of Nations, and void of human Society, they are no more to be reputed Kings, but Tyrants, as Hotoman hence determines.

I have now given you somewhat an over-large account of the two greatest and most absolute hereditary Kings in Christendom, France and Spain, and proved them to be inferior to their Laws, Parliaments, Kingdoms, People, out of their own Authors and Historians: in which points, if any desire further satisfaction, I shall advise them to read but Junius Brutus his Vindiciae Contra Tyrannos, De jure Magistratus in • ubditos, and Francisci Hotomani his Franco-Gaul; and Controvers. Illust. for France: • oannis Mariana, de Rege & Regum Instit. l. 1. with his History of Spain, Hieronimus Blanca, Rerum Arragonensium Commentarius, Ioannis de Laet Hispaniae descrip. c. 5. & Vasquius, Contr. illust. for Spain, at their leisure, and then both their judgments and consciences will be abundantly satisfied herein.

I shall now very cursorily run over other foreign Kings and Kingdoms of less power and Sovereignty with as much brevity as may be.

For the Kings of Hungary, Bohemia, Poland, Denmark, Sweden, as they have been usually, and are at this day for the most part, not hereditary, but merely ellective by the Nobles and people; so their Laws, which they take an Oath inviolably to observe, and their Parliaments Nobles, people, are in Sovereign power and jurisdiction paramount them, as much almost (if not altogether) as the State of Venice is above their Duke, or the States of the Low Countries superior to the Prince of Orange; and may upon just occasion not only forcibly resist them with Arms, but likewise depose (if not adjudge them unto death) for their Tyranny, as John Bodin, the • istories of Hungary, Poland, Bohemia, Denmark, Sweden, Junius Brutus, De Iure Magistratus in Subditos, Munster in his Cosmography, and those who have compiled the Republics of these Realms attest; who further evidence, that most of these Realms have sometimes elected them Kings, other times only Dukes, and made their republikes, Principalitis, Dukedoms or Kingdoms at their pleasure. To give only some brief touches concerning these Realms and their Kings.

Hungary.

THe Kings of Hungary are merely elective by the States and Senators, in their Parliaments or assemblies of the Estates, without whom they can neither make Laws, impose Taxes, levy War, nor conclude Peace; and the grand Officer of the Realm, to wit the great Palatine of Hungary (who hath the chief Command both in Peace and War and power to judge the King Himself in some cases) is elected only in and by their Parliaments, as the Marginall Writers manifest at large. For their Realms and people's deportment towards their ill Kings (since they became Christians) when they have degenerated into Tyrants, and o • hewise misdeme •• ed themselves; take this brief Epitome. Peter the second Christian King of Hungary, growing very insolent, Tyrannicall, and lascivious, ravishing ma • ds, matr • ns; in the third year of his reign all the Nobles and people thereupon conspiring together, deposed and banished him the Realm, electing Alba in his place; who growing more insolent and Tyrannicall then Peter, was in the third year of his reign slain in war, and Peter restored to the Crown: who proceeding in his tyrannies, sacrilege, and cruelty, he was the third year after his restitution, taken prisoner by his subjects, his eyes put out, and imprisoned till he dy • d. Solomon the fif • King of Hungary, was twice deposed and thrust out of his Kingdom, first by King Bela, next by King Gysa, ele •• ed Kings by the people's general consent and acclamation; after whose death the Hungarians refused to restore Solomon, and elected Ladislaus for their King; whereupon Solomon became an Hermit, and so died. Ladislaus dying, left two sons, Almus the younger, whom they elected King and Coloman the eldest, to whom Almus out of simplicity surrendered the Crown, because he was the elder brother, whom he would not deprive of his primogeniture; but repenting afterwards, by the instigation of some of his friends, he raised war against his brother: But the Hungarians to prevent a civil war • e and • ffusion of blood, DE • REED that these two brethren should fight it out between them in a single duel, and he who conquered in the duel, they would repute their King; Which Combat Coloman being purblind, lame and crookback'd, refused; after which Coloman treacherously surprising his brother Almus, contrary to agreement, put out his and Bela his sons eyes, and thrust them into a Monastery. King Stephen the second son of Coloman, refusing to marry a wife, and following Harlots, the Barons and Nobles grieving at the desolation of the Kingdom, provided him a wife of a Noble family, and caused him to marry her. After which making a war to aid Duk-Bezin • without his Nobles consent in which Bezen was slain: the Nobles of Hungary assembling themselves together in Council, said: Why, and wherefore die we? if we shall claim the Dukedom, which of us will the King make Duke? therefore let it be decreed that none of us will assault the Castle, and sol • t us tell the King, Because he both all this without the Council of his Nobles: They did so, and added further, that if he would assault the Castle, he should do it alone; but w • (say they) will return unto Hungary and choose another King. Whereupon, By the Command of the Princes, the Heralds procla • med in the Tents, That all the Hungarians should speedily return into Hungary: wherefore the King when he saw himself justly deserted of his subjects aid, returned into Hungary. Stephen the third coming to the Crown, did nothing without the Authority and advise of the Senate. Stephen the fourth son of Bela usurping the Crown, was soon after expelled the Kingdom. Emericus being elected King, was very likely to be deprived by the Nobles and people for his slothfulness, but that he appeased them with good words and promises. King Andrew going to Jerusalem, his Queen, Elizabeth, in the mean time delivered the Wife of Banch • u a Nobleman, being very beautiful to her brother who doated on her, to be abused, which Bauchan hearing of, s • ew the Queen: the King upon his return examining this business, acquitted Bauchan, and judged her murder just, being for so lewd a fact. Ladislaus the fourth, giving himself to all effaeminacy, luxury, and Harlots, became odious to his Barons, Nobles, People, for which he was excommunicated by Firmanus the Popes Legat, that he might live Christianly and Chastly; but he reforming not, was soon after (in the year 1290.) slain by the Cumans and his Kingdom infested with civil wars. Mary the daughter of K. Louis, being received as Queen by the Hungarians for her fathers merits, after his decease, being yet young, was married to Sigismond, who was admitted into partnership in the government of the Realm, and being governed by her mother and Nicholas de Gara, who persuaded them to carry a strict hand over the Nobles of the Realm, which they did: thereupon the Nobles seeing themselves despised, sent for Cha • rles King of Naples into Hungary; forced Mary and her Mother to resign their rights to the Crown, and crowned Charles King at Alba Regalis. When he was crowned the Bishop of Strigonium, according to the custom, demanded of the people thrice, with allowed voice; Whether if were their pleasure that Charles should be crowned King? who answered, Yes: which done he was crowned, and soon after murdered by the two Queens treachery; Who were shortly after taken prisoners by John de Hornach, governor of Croatia • ; the Queen Mother Elizabeth drowned, Queen Mary kept prisoner, and at last released upon oath given, not to revenge her Mothers death: who contrary to her oath caused Hornach, and 32. Nobles more to be beheaded by Sigismond her husband, whose kind • ed and children thereupon conspired against King Sigismond, took and detained him prisoner Anno. 1401. till they should proceeds further against him, and in the mean time the Nobles of Hungary elected Ladislaus King of Apulia for their King, and at last deposed Sigismond for his misgovernment, cruelty, love of women. After Sigismonds death, the Nobles and people were divided in the choice of their King; one part electing and crowning Vladislaus King of Poland, the other party Ladislaus an infant, for their King: but Vladislaus his party prevailing, he was not long after • lain in a battle against the Turks; and the government of the Realm committed to that Noble Soldier Hunyadi, during the Minority of Ladislaus, who at his ripe age, was received and declared King by all the Hungarians. Ladislaus deceasing, the Hungarians elected the Emperor Frederick King, who delaying to come and take the election, they thereupon chose Mathias King, who enjoyed the dignity, notwithstanding the Emperors opposition. Anno. 1608. Mathias King of Hungary denied the Protestants in Austria free exercise of their Religion, they thereupon were forced to take up Arms, and assembling together at Honne made a Protestation, and sent to the States of Hungary requiring them to assist them with the succors that were promised by the offensive and defensive league: after which they obtained a peace, and part of what they demanded. Anno 1613. In an Assembly of the Estates of Hungary, the differences concerning the defense and Militia in the borders of Hungary against the Turk were ordered and settled. And An. 1618. After many slow proceedings, they elected Ferdinand of Bohemia for their King of Hungary; but with these conditions, That he should Religiously observe, and cause to be immovably observed all the Liberties, Immunities, Privileges, Statutes, Rights and Customs of the Kingdom, with the Conclusions and Treaties of Vienna, and all the Articles comprehended therein, and all other concluded both before and after the Coronation of the Emperors Majesty, in the years 1608. and 1609. Which Articles being ratified by the Emperor under his Letters Patents, they proceeded to the Coronation, according to the accustomed manner. Such is the Sovereign power of the States of Hungary to this very day. And in one word, so odious were Tyrants anciently to the Slavonians and Hungarians, that by a public Law of their Ancestors, he who slew a Tyrannicall King, was to succeed him in the Kingdom.

Bohemia.

For the Kings and Kingdom of Bohemia, M. Paulus Stranskins in his Respublica Bo • emiae. c. 5. & 12. informs us out of the Fundamental Laws of Bohemiae That the power of the Kings of Bohemia. who are Elected by the general Votes of the States, is so far restrained in that Realm, that they can determine nothing concerning the Kingdom or great Affaires of the Realm, but in their Parliaments, or general Assemblies of the Estates, by the general consent of the people; which are Summoned by the king himself and held (just like our Parliaments) in the kings Regency, and during the Interregnum by the Senate of the Realm, as often as there is occasion; there being this cla • se in the Writ of Summons; That whether all those who, are summoned come at the day or not, the king with those who appear, will proceed to decree w • at shall be just and b • neficall for the Republic, and that those who neglect to appear shall be bound thereby; all Laws and Acts are therein passed by public consent. The King cannot alien or mortgage any of the Crown Lands, nor release not diminish the revenue • & Liberties of the Realm, nor promote any strangers to the custodies of Castles or public functions; impose no Taxes, charges; nor altar the ancient manner of the Militia of the Realm, nor make war or peace, without the Parliaments advise and consent And before the king is Crowned, the Burgr • ve and Nobles, in the Name of all the Realm, demand of him to confirm and ratify both with his especial Charter, and public Oath, the Ancient and laudable Privileges, Immunities, Liberties, Rights, Laws, Customs, and Institutions, as well private as public, of all and singular the inhabitants of the Realm, and to govern them according to the rule of the Laws after the example of his predecessors kings of Bohemi • . Which done, he seals and delivers them a special Charter, takes such a solemn Oath, and then is Crowned upon these Conditions. The Arch-bishop of Prague after the Litany ended, demands of the king, kneeling on his knees: Wilt thou keep the holy faith delivered to thee from Catholiok men and observe it in just works? He answering, I will: He proccedes, and saith: With thou Governe and defend the Kingdom granted thee from God, according to the Justice of thy Fathers? He answers, I will; and by God's Assistance promise that I will do and performed it by all means. After this kneeling on his knees, the Arch-bishop holding the New Testament open, and the Burgrave reading the words first; the king takes this Oath in the Bohemian tongue We swear to God (the mother of God and all Saints) upon this holy Gospel, that we will and ought to keep immovably to the Barons, Knights, and Nobles, also to those of Prague and the other Cities and to all the Comm • nalty of the Realm of Bohemia, the Institutions, Laws, Privileges, Exemptions, Liberties, and Rights, and also the ancient, good and laudable customs of the Realm; and not to alienate or mortgage anything from the same Kingdom of Bohemia, but rather to our power to augment and enlarge it; and to • oe all things which may be good and honorable to that Kingdom: So help me God (touching the book with two of the fingers of his right hand) and all Saints. (The Kings of Navarre take the like Oath.)

How this Realm hath been altered from a Principality to a Dukedom, and from it again to a Kingdom, having sometimes Kings, sometimes Dukes, both elected by the free choice of the Estates, to whom they were inferior in Sovereign power, accountable for their •• is-government, and removeable from their Throne: you may read in the marginal Authors. Not to mention the Bohemians deposition of Libussa a Noble Virago, who governed then for a season, reputing it a dishonor to the Nation to be ruled by a woman, and electing Przemys •• s for their Prince; their deposition and banishment of Prince Borzinogius, because he become a Christian, and renounced their Pagan Religion, though they afterwards twice restored him: Of Boleslaus Rufus 〈◊〉 Borzinogius the 2. thrice deposed banished by the Nobles and people, or • obeislaus, and other Princes. Wladislaus first King of Bohemia in his old age, by the assent of the Estates associated his son Fred • rick (Anno 1173) with him in the Regality Henry King of Bohemia using the Council of the Germans rather then the Bohemians, and looking more after his own private gain then the Kingdoms, was deposed in a general Assembly • f the Estates Anno 1310. and the son of the Emperor Henry the 7 ^th . chosen King, upon this condition, if he would marry the youngest daughter of King Wenceslaus. King Wenceslaus the drunken, for his drunkenness, negl • gence and cruelty, was twice imprisoned and severely handled by his Nobles, and upon promise of amendment, restored to his liberty and dignity: in his and Sigismond his successors reigns Zizca and the Taborites in defense of their Religion against the Popish party, who most unjustly against their promise and safe conduct, caused John Hus, and Jerome of Prague to be put to death, waged great wars and obtained many victories against the King and Emperor, and gained free liberty of professing their religion publicly much against the Popes good will; which liberty they have ever since maintained by the sword, both against the Popish Emperors and Kings, by means of which civil wars, the kingdom suffered some Interregnums. During the Minority of king ^c Ladislaus, Anno 1439. this kingdom was governed by two Presidents, appointed by the Estates.

Anno 1611. the Emperor Rodulph being willing to settle the kingdom of Bohemia on his Brother Matthias in an assembly of the States of Bohemia called for that purpose, the Estates thereupon drew many Articles which Matthias was to swear to, before his Coronation, with 49. Articles of complaints and grievances for which they craved redress: and the inhabitants of Pragne required the confirmation of 8. Articles which concerned the private Government of their City: All which the Emperor and Matthias were constrained to Grant and swear to, before they would admit Matthias to be their King; who had nothing in a manner but the Title, some of the flowers of the liberty of the Crown, being parted with by his assenting the these. Articles. Anno 1617. Matthias resigning the Crown of Bohemia, and renouncing his right thereunto, recommended Ferdinand Arch-Duke of Austria, to them or his successor. The States would not admit him king but upon Conditions, the which if he should infringe, The States should not be bound to yield him Obedience. Moreover it was added, That he should confirm: to the States before his Coronation, to maintain all the Privileges, Charters, Immunities, Municipall Rights, Constitutions and Customs, of the Realm, and people, as the Emperor and his predecessors had done, by his Oath, and Charter in Writing. All which assented to, he was proclaimed and crowned king. Soone after the Arch-bishop of Pragu • causing some of the Protestant Churches to be ruined, and those who complained of it to be put in prison; and plotting the extirpation of the Protestand Religion, through the I • su • tes instigation, contrary to their Liberties and the Provincial constitution; hereupon the Protestant States of Bohemia assembled at Prague, fortified the Town, binding the three Towns of Prague to them by an Oath; entered into a solemn League, promising to fight against the Common enemies of God, the King and Religion, and in that cause to live and die: to which end they levied a great Army; banishing the J • suites out of Bohemi • , as the Authors of all the miseries which had happened in that Realm, and many other Realms and States of Christendom, and inciting murderes to kill Kings who would not live after their manner, and meddling with affairs of State, and who had drawn the whole Country into the hands of certain perfidious Catholics, by whose practices the Country was in danger of ruin. For which causes they banished them forever out of the Realm of Bohemia, enjoying them to depart within 8. days, never to return. After this, the Protestants hearing that the Emperor and 〈◊〉 party raised Forces against them, possessed themselves of many Towns and places within the Realm, and raised two Armies; All the Protestant Princes and States of Germany, Morauia and S • lesia (except the Elector of Saxony) assisted them with men, money or Council, publishing a Declaration to justify their action, being for the Common cause of Religion, then endangered. The Prince of Oranges and States of the united Provinces promised them assistance of men and money, other Protestant Princes and the Protestant States of Lower Austria, did the like. The Protestant Armies after this had many victorious encounters with the Imperialists and Popish Forces, and took many Towns. King Ferdinand in the mean time, being newly chosen Emperor, the States of Bohemia being assembled together at Prague, which the Deputies of the incorporated Provinces, Anno. 1619. Concluded and protested by Oath, never to acknowledge Ferdina • d for their King who had violated his first Covenants; resolving to proceed to a new Election; and on the 26. of August Elected Frederick the Prince Elector Palatine of Rhine to be their King; who accepted the dignity, & was afterward Crowned king accordingly. After which the States of Bohemia in sundry Declarations justified their rejection of Ferdinand, their Election of Frederick, and his Title to be just and lawful, with their preceedent and subsequent wars in defense of Religion. Yea Frederick himself by sundry Declarations maintained his own Title: and the lawfulness of these wars; which passages and proceedings being yet fresh in memory, and at large related by Grimston in his Imperial History, I shall forbear to mention them. By this brief account, you may easily discern the Sovereign power of the Realm and States of Bohemia over their kings and Princes, most of the great Offices of which Realm are hereditary, and not disposable by the king, but States who Elect their Kings themselves, and their greatest Officer; too.

Polan • .

For the Kings and Kingdom of Poland. Martinus Chromerus in his Polonia lib. 2. De Republica et Magistratibus Poloniae, informs us; that the Princes and Dukes of Poland, before it was advanced unto a Kingdom, and the Kings of it ever since it became a Realm, were always, elected by the chiefest Nobles and States, unanimous suffrages; That after the Kings of Poland, became Christians, their power began to be more restrained then it was at first, the Clergy being wholly exempt from their royal Jurisdiction: That the king cannot judge of the life or fame of a knight (unless in some special cases) without it be in the assembly of the Estates with the Senate, not yet publicly make War or Peace, with any, nor impose Taxes or Tributes or new Customs, nor alienate any of the goods of the Realm, nor yet do or decree any greater thing pertaining to the Common-wealth without the Senates or Parliaments assent. Neither can he make new Laws, nor publicly command money in an extraordinary manner, nor coin money, nor nominate a Successor not with the Senate, without the consent of the Nobility, whether of Knights or Gentlemens Order; By, or out of whom all public Magistrates and Senators almost are chosen: so as now the sum or chiefest power of the Republic is residing in them. So that the Kingdom and Republic of the Polonians doth not much differ in reason from, that of the Lecedae • onians in ancient times, and of the Venetians now. An Oath is exacted of the new King when he is crowned, to this effect. That he shall reign according to the Laws and institutes of his Predecessors; and will safely conserve to every order and man his right, privilege, and benefit, confirmed by former Kings; nor will he diminish any of the borders or goods of the Realm, but will according to his power recover those that are lost from others: After all which the Senate swear fealty to him, &c. The Revenues, Tributes, and Customs of the king are all reduced to a certainty; the Nobles & Clergy are exempted from Taxes. The King by the Laws of King Alexander, is prohibed to alien to any one the Lands of the Crown. No new Laws can be made, nor old ones repealed but by the king, Senate and Nobles assembled in Parliament. And because there is wont to be in highest power, a slippery and ready degree to Tyrannie, certain Senators and Counselors are adjoined to the King, who may direct his Councils And Actions to the safety of the Common-wealth, and his judgments according to the Rule of justice and equity, and with their wholesome monitions and Councils, may as there shall be occasion, as it were with certain living Laws, both inform his mind and moderate his power. This Royal Sena • e, much greater now then in times past, consists of a certain number of men, w • ich we call the Senators or Counselors of the REALME; who are not admitted to the Council without an Oath: and this Office is perpetual during life, having certain Honors and Magistracies thereto annexed, partly Ecclesiastical, partly Civil; It consists of 96. persons in all, some of them Bishops, others Palatines, Knights, Castellanes, and other Officers of the Realm. The Chancellor of the Realm may s • gne many things without the Kings Privitie, and may deny to seal those things which are contrary to Law, though the king command them. Most of the great Officers and Magistrates are chosen in Parliament, and cannot be displaced but in Parliament, and that for some great offense. Their Parliaments or General Assemblies of the States are held (much like ours) once every year at least, and sometimes every fifth or sixth month, if there be occasion; and then they are kept constantly at one place, to wit at Pet • icow, or Warsavia in the midst of the Kingdom, unless it be upon some extraordinary just occasion, and then the king by advice of this Council may sommon the Parliament at another place. It is provided by a Law within these 20 years; That it shall not be lawful to the King to make a war without the assent of his Parliament and Great Council; and that the Nobles as oft as there is occasion, shall at their own costs without wages defend the borders of the Realm, yet not without the King, unless it be during the Interregnum; but they may not be compelled to go out of the Realm to any Forraigne war without wages: the Soldiers wages are reduced to a certainty, and asseased by public consent in Parliament, which Orders all Military and Civil Affaires. So Cromerus.

For their carriage towards their ill Kings, I shall give you only a short account. Miesco their second King, being unfit to govern, a man given wholly to his belly, ease, sleep, pleasure, and governed by his Queen, thereupon most of his subjects revolted from him; and he dying the Polonians at first for many years, refused to choose Cazimirus his Son King least he should follow his fathers steps; till at last after a long Interregnum, when he had turned Monk, they elected him King. Bolestaus his son, a man of a dissolute life, given to lust, and the pest of the Realm, was excommunicated by the Bishop of Cracow for his wickedness; for which cause he slew him: Whereupon the Pope deprived him, and Poland of the Crown, and absolved his Subjects from their obedience to him, who expelled and forced him to flee out of the Realm into Hungary, where he became mad and died. My • zlaus the 10. King of Poland, exercising tyranny everywhere upon his people by reason of his power and allies, was deposed by his subjects, and Cazimirus elected King in his stead; He was three or four times deposed and put by the Crown; Boleslaus who succeeded Henry, was deprived of the Monarchy; Henry was surprised and most strictly imprisoned. Boleslaus was slain by his Nobles; and Vladisiaus Locktect, elected King in his stead, ravishing virgins, Matrons, and not reforming things according to promise; the Nobles hereupon assembling together An. 1300. abrogated his election, as pernicious, and chose Wenceslaus King of Bohemia, King in his place: And not to recite more ancient histories of such like nature, King Henry the third of Poland was elected and sworn King upon conditions Which he was to perform Anno 1574. After which he secretly departing out of Poland, without the assent of the Nobles, to take possession of the Crown of France, within 3. months after his Coronation in Poland: the Polonians sent Messergers after him to Ferrara, June 16. 1574. who denounced to him, that unless he returned into Poland, before the 12 of May following, they would depose him, and elect another King: Which he neglecting, they in a general assembly of the Estates at Wa • sa • ia, deprived him of the Crown, and elected a new King: the Chancellor and greatest part of the Counsellers elected Maximilian the Empero • r; Some others, with the greater part of the Nobility, desiring to have one of the Polish blood, elected Anne sister of their deceased King Sigismund, giving her for husband Stephen Battery Prince of Transylvania, and proclaimed him King. The Emperor making mary delays, Stephen in the mean time enters Poland, marrieth Anne, and is crowned King by general consent, Febr • ary 8. 1576. who took this memorable Coronation Oath prescribed to him by the Nobles.

I Stephen by the grace of God elected King of Poland, great Duke of Lithuania, &c. promise and sacredly swear to Almighty God, upon these holy Evangelists of Jesus Christ, that I will hold, observe, def • rd and fulfill in all conditions, articles, and points therein expressed, all Rights, Liberties, Securitus, pri •••• dges public and private, not contrary to the common Law, and Liberties of both Nations, justly and lawfully given and granted to the Ecclesiastickes and s • culars, Churches, Princes, Barons, Nobles, Citizens, in h • bita • ts, and any other persons of what state and condition so ever by my go • lie Predecessors, Kings, Princes or Lord's of the Kingdom of Poland, and of the great Dukedom of Lithuania, especially by Casim • r, Lewis the great, called Loys, Vladislaus the first, called Iagiello and his brother Withold great Duke of Lithuania, Vladislaus the 2. Casimyrth. 3. John Albert, Alexander, Sigism • nd the first, and 2. Augustus, and Henry Kings of Poland and great Dukes of Lathuania; or derived and granted from them, together with the Laws enacted, and established or offered by all the States during the Interregnum, and the pacts and agreements of my Orators, made with the States in my name. That I will defend and maintain peace and tranquility between those who differ about Religion; neither by any means, either by Our Jurisdiction, or by any authority o • Our Officers or states, permit any to be troubled or oppressed, neither will we our Self injure or oppress any by reason of Religion. All things any way whatsoever unlawfully alienated, or distracted, either by war • e or any other means, from the Kingdom of Poland, the great Dukedom and their dominions, I will re-unite to the propriety of the said Kingdom of Poland, and great Duchy of Lithuania. I will • not diminish the lands of the Kingdom and great Dukedom, but defend and enlarge them. I will administer justice to all the inhabitants of our Kingdom, and execute the public Laws constituted in all my Dominions, without all delays and prorogations, having no respect of any persons whatsoever. And if I shall violate my Oath in any thing (which God forbid) the Inhabitants of my Realm, and of all my Dominions of what Nation soever, shall not be bound to yield me any Obedience: Yea, I do Ipso facto free them from all Faith and Obedience which then owe unto me as King. I will demand no absolution from this my Oath of any one, neither will I receive any, which shall be voluntarily offered, So help me God.

To this notable Oath (an unanswerable evidence of the States of Polands absolute Sovereignty over their Kings) this King within 4. days after his Coronation, added a confirmation of their Privileges, containing the same heads, enlarged with a few more words; which he confirmed with his solemn deed and Royal Seal, and delivered the same to the Chancellor, and Vice-chancellor of the Realm to give out Copies of them, under the great Seal to all the States of the Realm; who meeting ^s afterwards in a Parliaments, at Wansauia, Anno. 1562; there was much debate about settling of the Premises, and nothing concluded.

Anno 1587, the States of Poland questioned and opposed K. Stephen, for violating their Privileges, and those of Riga took up arms in defense of them; refusing after his death to repair to the Assembly of the States at Warsauia, Anno 1587. unless their Privileges might be preserved and rectified, as you may read at large in Chytr • us. King Stephen dying the Estates of Poland, and Lithua • ia, assembled at Warsauia, Anno 1587. where they made Laws for preserving the Peace during the Inter regnum; and enacted, that no new King should be elected, but by the unanimous consent and agreeing Suffrages of all the Estates, and that he who shall nourish factions, or receive gifts or rewards, or use any other practices about the election of a new King, should be reputed an Enemy of his Country. After which they proceeding to an Election; there were divers competitors named: and after many debates; One part chose Maximilian Duke of Austria, the other Sigismund the King of Sweden his Son, both of them upon express articles and conditions, which they both sealed and swore unto, the chief whereof were these; To preserve all their Rights, Laws, Privileges, and Immunities public or private, inviolably, To keep all former Leagues and Truces; To bestow no Offices upon strangers nor harbor any about them, (except some few Private servants) but natives only, and to be counseled and advised by them alone. To maintain a Navy, Garrisons, and build divers Castles in the Frontiers at their Owne costs for the Kingdoms preservation; To redress all grievances, maintain the Privileges, Rights and Peace of those who differed in Religion; To procure and augment the weal, peace, Privileges and safety of the Realm; and perform all Articles mentioned in the Oaths of King Henry and Stephen; In fine, this competition coming to be determined by the sword: Maximillian was taken prisoner by Sigismund, and forced to release his right to obtain his liberty: And a Decree passed in Parliament, That no man hereafter should in the Election of the King of Poland, presume to name, or recommend any of the house of Austria to the Crown, and if any did he should be ipso facto infamous: Which decree the Emp. Rodolph desired might be abolished, as being a disparagement to that family, yet prevailed not. After which this King managed all things concerning War, Peace, and the Government of the Realm, by advice of his Parliament, as Chytraeus at large relates; and his Successors to this present have done the like, taking the Crown upon such conditions, and making such conditional Oaths at their Coronations, as Steven did at his.

Denmark.

For the Kings of Denmark, I have formerly proved, That they can make no War, Peace, Laws, nor lay any impositions on their subjects, but by common consent of the Estates in Parliament; their Kings being elective by the people, and crowned Kings upon such conditions, Oaths, Articles, as their States, (in whom the Sovereign power resides,) shall prescribe unto them; who as Bodin clearly determines, have a lawful power to question, censure, and depose them for their Tyrannie and misgovernment, they having no greater Authority then the Kings of Bohemia or Poland. To run over the Histories of all their ill Kings would be overtedious, for which you may peruse Saxogrammaticus & others; I shall give you a brief how some of their later kings have been handled by their subjects for their Tyranny and misgovernment. Not to mention the murders of Canutus in Iutland in the very Church, or of Magnus or Nicholas, slain by their subjects; King Humblus was deprived of his Crown: and king Harold deposed by his subjects for his insolency. Suano waxing proud, Tyrannous and oppressive to his people, became so odious to them, that his Nobles adjoined Canutus and Waldemar to him in the royal government, and divided the kingdom between them; who thereupon being much displeased, slew Canutus and wounded Waldemar, being impatient of any Peers in government; for which being soon after vaquished by Waldemar, he was beheaded by the people. Able slaying and beheading his brother king Ericus, and usurping his Crown, the people rose up in arms against him, took him prisoner, and the Peasants in Frisia slew him. King Christopher spo • ling Waldemar of his Dukedorn of Schleswick, thereupon the Earls of Holsatia rose up in arm •• against him, took him prisoner, and detained him so at Hamburg, till he paid a great ransom for his liberty. King Ericus was slain by his own servants, Anno 1286. king Waldemar was expelled the Realm by his Subjects, and afterwards restored upon his friends mediation; who not long after denying Merchants their ancient liberties in the Realm, the maritine Cities conspiring against him, entered Denmark with a great Army, expelled him the Realm, took his Castell of Coppenhagen, and had the land of Scania assigned to them for 16. years, by the Nobles, in recompense of their damages sustained. Ericus seeing his subjects • very where rise up in Arms against him, sailed into Poland, An. 1438. and deserted • is Kingdom and Sovereignty, the people denying him liberty to name a Successor, and electing Christopher Duke of 〈◊〉 for their king. After whom, they elected 〈◊〉 the first king, against whom the Sweeds rebelling for want of 〈◊〉 of justice, and the oppression of his Officers, vanquished Christiern 〈◊〉 and 〈◊〉 up a new king of their own, named Charles, who An. 1455. abandoned the Royalty; the Swedes after that would neither create any new king, nor obey Christierne, nor yet King John who succeeded him, whose Queen they took and detained prisoner two years, and maintained war against him. Christierne the second, King of Denmark, was thrust out of his kingdom for his Tyrannie, and breach of his subjects Privileges: which he endeavoring to regain, was taken prisoner by his Uncle Frederick Duke of Scleswick and Holstein, and committed prisoner to Sunderburge in Holsatia, where he died in chains: Frederick was elected king in his place, (upon certain Articles and conditions which he was sworn unto before his Coronation) in a general assembly of the States held at Hafnia, An. 1524. in and by which assembly Christierne was solemnly deposed, and a Declaration made, printed and published in the name of all the States of Denmark, wherein they express the cause why they renounced their faith and obedience to Christierne, sworn unto him upon certain conditions which he had broken, and elected Frederick: Which Declaration because it is not common perchance to every ordinary Shollar, and contains many things touching the frame and liberty of the kingdom of Denmark, the Articles to which the kings do usual swear at their Coronations, and the Tyrannnies of Christierne, for which he was deprived. I shall here insert, as I find it recorded in David Chytraeus.

OMnibus Christianis Regnis, principatibus, regionibus & populis, notum est, in orbe Christiano, celebre regnum DANIAE situm esse, quod non secus ac caetera regna, plurimis jam seculis, Regia sua praeeminentia, dignitate, ornamentis & libertate praeditum fuerit, & adhuc sit; ita quidem ut Regnum Daniae, ejus{que} legitime electi Reges nullum unquam superiorem magistratum aut Dominum agnoverint. Omnibus quo{que} temporibus, Archiepiscopis, Episcopis, Dynastis, praelatis & nobilitati liberrimum fuit, regem, & Dominum aliquem suo judicio & arbitrio designare, & in communem regni & Patriae consolationem & salutem eligere, cujus gubernatione, exemplo, & ductu regnum supradictum, Christianis statutis & ordinationibus, secundum leges suas scriptas & antiquas consuetudines vigere, miseri & oppressi subditisublevari, viduae & pupilli defendi possent. Qui quidem rex semper hactenus a prima electione convenienti juramento & obligatione se huic regno devincire coactusest. Etiamsi igitur nobis omnibus regni hujus ordinibus & consiliariis licuisset post obitum potentissimi Regis quondam Daniae Johannes laudatae memory projure nostro, secundum antiquam, & multis seculis continuatam regni Danici libertatem, regem aliquempro arbitrio nostro designare & eligere: tamen virtute, justicia, magnanimitate, bonitate & beneficientia, eorum Daniae regum, qui ex Holsatorum prosapia originem duxerant, moti; & bona spe freti for • utrex Christiernus e vestigus regiis avisui Regis Christierni, & R. Johannes patris sui non excederet: sed potius ad eorum similitudinem & exemplum, gubernationem suam in •• itueret: supra-dictum R. Christiernum, II. vivo adhuc patre Iohanne in Regem & Dominum totius Daniae designavimus & elegimus.

Quo quidem ipso tempore celfitudo ipsius solemni IURAMENTO▪ verbis conceptis, & Deo sanctisque testibus citatis, praestito, Archiepis. Episcopis, Dynastis, praelatis, equitibus, civitatibus & populo regni Danici se devinxit & obligavit, cujus juramenti inter alia haec quoque capita expressa fuerunt: Debemus ante omnia Deum diligere & colere, & sanctam ecclesiam defendere & amplificare. Omnia Episcoporum, Praelatorum & ministrorum status ecclesiastici privilegia, à S. Ecclesia & regibus Christianis ipsis concessa, inviolat • conservare. Archi • piscopos quoque, L • ndensem et 〈◊〉 Ni • rofiensem, et praeterea Episcopos, praelatos, Equites auratos, & alios ordinis Equestris, Regni Proceres & Consiliarios, convenienti observantia & honor, pro cujus{que} conditione & statu prosequi • Si qua nobis controversia sit • um Archiepiscopis, Episcopis, aut praelatis S. Ecclesiae, eorumque ministris, in locis convenientibus, nimirum coram senatu regni, cognosci & transigi oportebit. Si qua nobis ipsis, aut praefectis nostris, controversia, • ùm aliquo ex nobilitate, sive is senator regnisit, sive non, incidet; eum coram universo regni senatu, hoc nomine compellare debemus, sive ea controversia sit defundis, sive de aliis quibuscunque bonis aut negotiis.

Et sicuti tenemur unumquem{que} juvare, ut jus suum consequatur; Ita nos ipsi quo{que} obnox • i esse debemus, unicuique coram senatu Regni nos accusanti comparere, & ad ipsius postulata usitato Iudicio • um more respondere, & quicquid a senatu regni super ea re decree • um & pronunciatum fuerit, idipsum exequi, neque hujusmodi legitimas accusationes aut postulationes iuclementi animo fe • re. Debemus etiam sine ullo praejudicio, gratia, aut muneribus, ex aequo, tam pauperi quàm diviti, tam hospiti quàm indigenae, jus dicere & administrare. Nullum etiam bellum incipere, aut externum militem in regnum introducere debemus, commnni senatu Regni non praesciente & consentiente. Literis quo{que} & Diplomatis vel nostro, vel etiam patris nostri Regis Johannes signo confirmatis, plenam & inviolatam fidem & authoritatem relinquere, ejus{que} aes alienum, quod liquidum est, dissolvere deb • mus. Moneta quoque, quam cusurisumus, proba & sufficiens esse debet, ita, ut dua marcae aequivalentes sint uni aureo Rhenano. Item, Nos Christiernus & obligamus nos, quod omnes & singulos articulos, in quos jurandum nobis est, incolis regnorum Daniae & Norwegiae, constanter reipsa praestare velimus. Sicutietiam ex adverso subditi obligati esse debent ad suum homagium, & auxilia militaria inviolata servanda & praestanda.

Si vero ( quod Deus avertat ) contra istos articulos agendo delinqueremus, & senatorum regni admonitionibus nullo modo locum dare institueremus: tum omnes regni incolae, ration honoris & juramenti sui, conjuctis viribus, fideliter in hoc incumbere debent, ut hoc avertant. Id faciendo, contra sua juramenta, obligatione • , homagia, quo abstricti nobis sunt, nequaquam fecisse censeri debebunt. Hujus generis plures alii articuli juramento inserti fuerant, qui hoc loco brevitatis gratia praetermittuntur.

Vt etiam regia ipsius dignitas, post juratos hosce articulos vehementius & ardentius ad virtutes regias, & Christianarum sanctionum hujus regni conservationem incitaretur & inflammaretur, • ommodas rations & vias inivimus, tandem{que} perfecimus, ut illustrissima princeps D. Elizabetha, ex Hispaniarum regum & Archiducum Austriae illustrissima prosapia oriunda, matrimonio ipsi conj • ngeretur. Sperabamus enim dignitat • m ipsius regiam, admonitionibus nobilissimae & excellentis virtute, & summa orbis Christiani regum familia ortae reginae, & praeterea consideratis tantis & tam eximijs ac sublimibus tot Regum ac Imperatorum affinitatibus, motum iri, ut omnibus Christianis & regijs virtutibus, eum clementia & bonitate conjunctis, in tota gubernatione • ua • o diligentius incumberet.

Verùm, statim post coronam acceptam, Regia illius Majestas animi acerbitatem, tyrannidem, rapinas, immanitatem crudelem & sanguinariam, declaravit (quod tamen non injuria ipsum afficiendi animo, sed extrema▪ necessitate, ad defensionem honoris nostri compulsi, scribere & divulgare volumus, de quo ips • palàm protestamur) imprimis autem amoris & fidei conjugalis nobilssimae & omni virtute praestanti Reginae prastitae, oblitus est. Quaedam enim turpis, infamis & peregrina vetula, Syburgis, omni pud • re & virtute destituta, & ad omnem impuritatem projecta, propriam suam filiam, Regi prostituit. Quam reginae conjugi suae nobilissimae, status conditione, dignitate & gubernatione Rex praetulit, e • {que} prae omnibus regni consiliariis summam Imperii in Dania commisit, ex cujus perversa administratione & mandatis, multae caedes, homicidiā & injustae in causis tam capitalibus quàm civilibus condemnationes extiterunt: Et quamvis Regina (quam semper pro Regina & dominatrice nostra deinceps quo{que}, agnoscere & habere cupimus) ab honestiss. matrona, A • na Holgeria, Gynecei sui praefecta, moneretur, ut Dominum & maritum suum amice hortaretur, ut à vita illa flagitiosa, quae Christianum conjugem, & imprimis regiam dignitatem, nequaquam deceret, desisteret: tamen, quam primùm hoc rex & anus illa resciverunt statim illa, propter Christianam admonitionem innocens ab officio suo remota, & miserabiliter regno expulsa, et omnibus fortunis suis spoliata est.

Eodem modo Tobernum Ochsitum, de veneno, filiae Syburgis propinando, falso à se insimulatum innocentem{que} deprehensum, et à senatu quoque regni eo nomine absolutum, in ignominiam et contumeliam Germanicae nobilitatis, tantùm mendacibus turpissimae illius mulieris, sermonibus fidem habens, capite truncarijussit.

Quamvis etiam R. ipsius Majestas ingens et publicum Bellum, contra datam fidem, nobis, nobis inconsultis et inscijs, contra Suecos excitavit: tamen ut animum nostrum fidelem, et regiam ipsius personam et nomen extollendi, imperium amplificandi, et exteras nations et regna subjugandicupidum, posset deprehendere: nos omnes nostra corpora, fortunas, regiones et subditos, in magna pericula conjecimus: quod bellum septennale, contra potentissimum regnum Sueciae gessimus: et tandem cum effusione sanguinis nostri, et extrema fere cum pernicie floris nobilitatis Danicae, auxilio Dei omnipotentis, contra regnum jam dictum, victoriam obtinuimus, et Regiae ipsius Majestati Regnum subjicimus. Vt autem regnum Sueviae in perpetua fide et obedientia Regiae ipsius Majestatis maneret in ipsa coronatione SUECUS verbis conceptis, Deo{que} et sanctis testibus citatis, juravit, se ipsis antiqua sua jura, immunitates, et privilegia incolumia relicturum, et omnium quae in bello exorta sint offensionum, et inimicitiarum memoriam, sempternaoblivione aboliturum esse. Cum{que} ne • um quidem satis Regiae ipsius M • i fiderent Sueci, necesse fuit nonullis ex Episcopis, Praelatis, et Nobilibus Danicis, pro rege fidem suam interponere, eam{que} diplomatibus eo nomine confertis et obsignatis, confirmare. Quae quidem ipsa in red • esse illi noluimus.

Etiamsi autem Regna et populi armis subjugati, tatummod • jure et justicia in officio cotineantur: tamen Rex hoc ipso non satis been con • iderato, et maximis gravissimis{que} juramentis posthabitis, tridu • post coronatinem Suecicam, Episcopos, Praelatos, Nobilitatem, una cum consulibus et aliis praefectis (tanquam ad convivium regium & solennem de impetrata à Deo victoria gratulationem) invitavit, qui etiam fide & invitatione regia ill • cti, unà cum amicis, uxoribus & liberis suis, reverenter compar • erunt. S • d tam amice invitati, admodum • ostiliter excepti sunt, ipsor •• {que} plausus in m •• sticiam commutatus est. Ex livore enim tyra •• ico ipsis imputat • m est, quod pulvere tor •• ntario arce • ips •• s regiam passim conspersissent, us ita incendi • 〈◊〉 medi • tollerent. Cum tamen certissimis i • diciis compert • m sit, illud à R • g • ips • , 〈…〉 praeterea sexaginta • Equites aurati & viri Nobiles, aliqui etiam Consules, Senatores, & cives uno die, sine ullo judicio, ex mera tyrannide, contra datam fidem, decollati sunt. Quorum etiam cadavera, vestibus nudata, cum in tertium us{que} diem in foro Stokhelmensi, miserabili alijs spestaculo fuissent, tandem igne comburi jussit; ac etiamsi illi adhuc vivi more Christiano Confessiones suas edendi cupidi essent, tamen hoc îpsis animo prorsus male • olo denegatum est.

Eodem modo Reverendum & religiosum D. Abbatem Nyddalensem & quin{que} fratres, quitum in honorem Dei Missas celebrarant, die purificationis Mariae, sine ull • judicio, aquis suffocari curavit, nullam aliam ob causam, quam quod durante adhuc bello, una cum aliis se Regiopposuissent.

Sex praeterea ex nobilitate Suecica qui communis inter Daniam & Sueciam pacificationis nomine, fide publica & regia, & quidem vocati antea venerant, sibi-ipsi • bsides constituit, eos{que} in durissima vincula conjectos, tamdiu apud se detinuit, donec regnum Sueciae sibi subjecisset.

Multos quo{que} nobiles, inter quos nonnulliex familia Ribbingia fuere • , una cum duobus pueris adhuc teneris, qui fide & clementia ipsius freti, istuc venerant, capite plesti: sicuti etiam Tonnum Erici filium, & Henrichum Stichum, unà cum multis alijs nobilibus in Finlandia, sine ullo judicio decollari jussit.

Episcopo Finlandiae domum & possessiones suas per violentiam ademit, ita quidem, ut ill sibi consulens, paulo p • st tempestate in mari exorta naufragio Miserabiliter perierit. Brevitatis causamulta alia prava & tyrannica facinora, in Regno Sueciae contra Deum & omnem aequitatem ab ipso perpetrata, hîc praetermittimus.

Quocirca Episcopy, Dynastae, Praelati, Nobilitas, Civitates & reliqui regni Suecici incolae, qui cr • deles, impuras & sanguinolentas ipsius manus, vita sua inc • lumi effugerant, contra eum insurrexerunt, satius et honestius esse rati, potius in acie pro salute patriae, quam domisordis & turpissimis suppliciis innocents exarnificatum, mori. Atque ita ( nostro quidem judicio non immerito ) sumptis armis & palàm Bello contra Regem suscepto Tyrannicum illius jugum excutere instituerunt.

Etiamsi igitur nos periculo corporum & fortunarum nostrarum, ipsi, post auxilium Divinum in regno Sueciae subjugando adjumento fuerimus: tamen non nostra sed sua ipsius culpa iterum eodem regno excidit. Quocirca denuo ab eo interpellati, ut Sueci nostro auxilio ad priorem obedientiam adigerentur; ne id quidem (quamvis nullo jure aut lege teneremur) facere recusavimus, ut vel hoc modo fidelis animus & voluntas nostra, à Rege perspiceretur, quando quidem fere supra quam vires nostrae ferrent (cùm jam antea nostros equos, arma, naves, aurum, argentum, Clinodia & insuper nostros amicos, affines & propinquos in Suecia reliquissemus,) denuo terra mari{que} magnis impenfis militem & naves armare & instruere: propria corpora nostra, possessiones, pecuniam & facultates omnes impendere: & una cum ipso totam belli molem, in tertium usque annum sustinere non detrectaremus. Id{que} optima spefreti, futurum ut fidelia h • c nostra servitia, tandem aliquando à regia ipsius dignitate cum clementia agnoscere • tur.

Ver •• his omnibus non consideratis, ill interea Episcopos, Praelatos, Ecclesias, Coe •• bi • Hospitalia, Sacerdotes, Matronas, virgins, Nobilitatem, cives, viatores, neg •• i • t • res, & mis • ros d • nique Rusti • os, immod • ratis & in •• ditis exactionibus, vestigal • b •• & 〈…〉 .

〈…〉 & argento, exactionibus extorsit, ad se translatam adhuc retinet. Monetam vero nullius momenti cupream, ex ahenis cerevisiaris usu detritis cusam in regnum intrusit, quam aequo cum argenteis & aureis monetis precio, à milite ipsius acceptare, & ut in toto regno usurparetur & valeret, coacti sumus tolerare. Cum tamen illa in finitimis regnis, nationibus & civitatibus nullius valoris esset, res nostra familiaris, cum omnibus commerciis jacerent: regnum hoc nostrum antiquum cum suis incolis omnibus suis nervis & viribus pl • ne exhauriretur, & ad extremam egestatem & inopiam conniiceretur. Et quamvis haec quoque omnia, ut bello suscepto optatus tandem fin • s imponi posset, submiss tol • raverimus: tamen ne haec quidem ration quidquam apud R • gem proficere potuimus, cùm ill palàm hominibus fide dignis audientibus diceret, se & corporibus & fortunis imminutos ita nos debilitaturum, ut passim omnibus contumeliae & ludibrio essemus. Cujus sui propositi statim etiam exemplum reipsa nobis exhibuit.

Archiepiscopum enim Lundensem D. Georgium Schotburgum, quem secretarium quondam suum hac spe ad dignitatis illius fastigium rex evexerat, ut quaedam Archiepiscopatus illius praedia ad se transfer posset; cùm regis cupiditati postea non gratificaretur, quod diceret, juramento se illi ecclesiae praestito, quod violari à se minime deceret, prohiberi seque potius turpissimam mortem obire, aut vitae monasticae etiam durissimae in reliquum vitae tempus mancipare se valle, quàm in perjurii suspicionem vel minimam se conjicere. Cùm igitur aliquot poenarum, quae innocenti irrogabantur, optio illi concederetur; ad vitam tandem monasticam à rege compulsus est. Quo facto, statim Praelatos & Canonicos ecclesiae Lundensis per literas ad se accersivit, cumque illi praestita obedientia compar • issent: jussit eos contra fidem regiam, in infamem & foetentem carcerem compingi, iisdemque paulo post insulam Borneholman, Ecclesiae illi Lundensi subjectam & propriam, cum omnibus arcibus, oppidis & vicis, nullius excusationis ration habita, vi metuque coactis, ademit.

Reverendissimus quoque Johannes Episcopus Fyoniae, cùm literis regiis ad juridicam vocatus comparuisset; eodem modo miserabiliter, & praeter omnem culpam captus, & in carcerem conjectus est, & omni collegii illius ecclesiae bona petulanter ad se transtulit.

Nemo etiam velex Senatoribus regni, vel aliis Daniae incolis sine corporis & vitae suae peri • ulo ipsum convenire: aut si quis omnino fortunam suam haec in parte periclitari institueret; nequaquam id, nisi prius peccata sua sacerdoti confessus esset, & ad mortem se praeparasset, tentare ausus est, cùm saepenumero in ease angustias coactos nonnullos constaret, ut ne confitendi quidem specium illis concederetur. Ex quo ipso hoc quoque consecutum est, ut regno huic, & communi patriae nostrae, consilio & consolatione nostra auxilio esse non possemus. Eodem Praepositum Rotschildensem, & D. Nicolaum Erici, multosque alios praelatos & viros ecclesiasticos, qui patri & matri ipsius laudatae memory fideliter inservierant, abs{que} ulla misericordia, bonis suis spoliavit.

Politico quoque & equestriordini, reliquisque regni i • quilinis nequaquam pepercit. Mandato enim ipsius, vir strenuus & nobilis Magnus Tamassenus, qui toto vitae suae tempore, ab omnibus habitus est homo integer & probus, & quem nemo unquam quidpiam, quod honestum & nobilem virum non deceret, gerere aut facere animadvertit; quique etiam in fide Christiana pie mortuus erat, hic inquam Tamassenus, ex terra iterum effossus est ipsius que cadaver, in foro Arhusiano, in singular Daniae nobilitatis ludibrium & contumeliam, suspensum est. & insuper Rex omnia illius, vid • aeque ipsius relictae, bona, cum omni auro, argento, & clinodiis, sine ulla postulatione judiciali, ad se & in suam potestatem redegit.

Strenuo quoque D. Iuggoni Krabbio, equiti aurato & Marescalco, qui ipsi longo tempore in Dania, Norwegia, & Suecia horeste & fideliter, etiam cum effusione sanguinis, & bonorum suorum jactura in servierat, unum ex pagis suis Vischbecum novum unà cum multis ad eum pertinentibus fundis & bonis, apertavi, & contra religionem jurisjurandi, ademit, & sibi vindicavit, cùm interea ill multis modis ad legitimam causae cognitionem, sed tamen frustra, provocaverat.

Cùm ex ministris ipsius aulicis Nicolaus Daa, quodam vesperi in caupona & symposio sedens, hospiti ex fenestrarhombos aliquot vitreos fortuito excussisset; & temen e • nomine statim sequenti die hospiti pro tantillo damno abunde satisfecisset: nihilominus tamen, ob causam tam nihili, pater ipsius in arcem Hafniensem violenter abductus, & tamdiu captivus est detentus, donec praefectus regius missis in domum ejus satellitibns, omnes ipsius cistas aperuisset, omne aurum & argentum inde exemisset, & ad quatuor Mar • arum Danicarum millia vi metuque illi extorsisset.

Quin etiam contra juramentum & dotam fidem, Schlos Gelauben Ius electionis, quod antea senatus regni proprium erat, post mortem ad sùos haeredes transtulit, quo ips • antiquum nostrum & liberum regnum, haereditariae oppressioni subjicitur, & nos libera nostra electione spoliati sumus.

Quid, quod à quolibet, etiam paup • rrimo hujus regni incolà, binos in singulos annos florenos, in perpetuum deinceps numerandos, ausus est exigere, cum tamen multi ex ijs, vix binos solidos suis dominis quotannis exsolvere possent.

Nec tantum Danicae nobilitatis excidio, animusipsius sangainarius satiari non potuit, sed in Germanos etiam nobiles ingratitudinem effunderet. Honestum enim virum Stephanum Weberstedium, in Turingia loco equestri natum, qui longo tempore, sicuti Ministrum fidelem & nobilem decet, pro supremo Capitaneo peditum Danorum contra Suecos ipsi inservierat, & qui praeclara fortitudinis suae specimina, cum Hoste us{que} ad sanguinis effusionem dimicans, ediderat, cui etiam hoc nomine praefecturam Olandensem datis literis concesserat. Hunc inquam Stephanum, cum diutius praefectura illa carere nollet, ex asylo Coenobij Sp. S. ab ipsius avo fundati abreptum, decollari jussit, hoc praetextu, quod in domo publica militicuidam vulnus inflixisset, cum quo tamen ill, amica transactione interueniente, jampridem in gratiam redierat.

Eodem modo cum conjugis suae regiae cubulario Maximiliano egit, qui reginam in regnum Daniae advenientem comitatus juerat: eum enim cum Regina ad Casaream Majestatem, & Dominam Margaretam, ablegasset, Rex antequam Dania excessisset, exitinere retrahi, & capitali supplicio affici jussit.

Adha • c cum fortissimus ipsius capitaneus N. von Hederstorff, nomine praesidiariorum Stokholmensium, honestos aliquot milites, pro stipendio suo, & quibusdam alijs conficiendis, Haffniam misisset; praefectus Haffniensis eo exceptos Abrumstropum deduxit, quasi regem ibidem inventuri essent. Eo autem cum venisset, loci praefectus▪ eos carceri mancipatos, paulo post sine ullo judicio, unà cùm puero quopiam trucidari jussit.

Suum quo{que} Germanicum Secretarium Stephanum Hopsensteinerum, cujus opera in gravissimi • negociis apud Caesaream Maject. Electores & principes Imperij Romani, usus fuerat, ad impudentissimae mulieris Syburgis mendacem delationem, inclementer perfecutus, ipsius vitae & bonis insidiatus est. Qui tamen evidentissimo Dei omnipotentis auxilio, manus ipsius cruentas ex Dania • vasit, & in Caesaream urbem Lubecam confugit, ubi nihil ominus à Ministro Regio, ejus v • stigia insequente, accusatus, & in custodia aliquandiu detentus fuit, donec tandem causa probe cognita, ab injusta ejus accusatione & insimulatione, per sententiam absolutus est.

Praetereà multas quoque exteras nations, Hollandos, Brabantos, Flandros, Lubecenses, cum omnibus civitatibus maritimis, contra data privilegia, & regia diplomata, pecuniis suis emunxit, & quotiescunque illi negociorum suorum causa in hoc regnum appulerunt, statim navibus & mercibus suis spoliati sunt.

Et quamvis Norwegiae quoque regnum semper, ipsi fideliter fuerit subjectum, & pro viribus omnia sua officia & auxilia praestiterit, et ejusque omnibus edictis & interdictis cum obsequio paruerit: tamen neq Deo consecrati Episcopy, neque Nobilitas, neque populus illius inclementem & immis • ricordem animum effugere potuit. Episcopus enim Camerensis, licet innocens, in crudeli admodum carcere captivus est detentus, ita quidem, ut ex foetido & impuro aëre, curis diuturnaque sessione, omnibus suis viribus consumptis, tandem carcere liberatus, mox diem suum obierit.

Reverendissimus quoque Episcopus Ansloënsis, Andreas eo compulsus est, ut alteri suum Episcopatum cederet: quod si facere recusaret, submersionem illi minabatur.

Reverendissimum quoque Archiepiscopum Nidrosiensem ab Ecclesia sua Archiepiscopali in exilium expulit, qui postea Romam ad Papam confugiens, ibidem in magna inopia & miseria mortuus est.

Nobilitati quoque ejus regni nequaquam pepercit, strenuum enim & praestantissimum equitem auratum, Canutum, Canuti ficto & mentito quodam praetextu, in carcerem redegit. Cumque ill in jus provocaretur, & causa in senatu regni cognita & disceptata absolutus esset: tamen jure suo, à Deo & aequitate sibi concesso, uti non potuit, cum paulo post miserime decollaretur, & omnia ejus bona, contra omne jus à rege abriperentur.

Etiamsi vero multo plura ipsius impia & tyrannica facinora, & inprimis cum honestis matronis & virginibus, viduis & orphanis passim in Dania, Suecia, Norwegia perpetrata, indicare possemus: tamen illa ipsa, respectu nominis & dignitatis regiae habito, hoc quidem tempore, in nostra hac querela commemorare non volumus.

Semper equidem speraveramus futurum, ut crebris, fidelibus & submissis admonitionibus adductus, sese emendaret, & ab hujusmodi minime regiis aut Christianis, sed potius tyrannicis inceptis, facinoribus, expilationibus, vectigalibus, exactionibus, aliisque crudelibus institutis desisteret: sed tamen admonitiones hae nostrae plane infructuosae aures regias personuerunt: nostrae sententiae & consilia plane sunt repudiata, nulli ex sena •• regni locus apud regemfuit relictus, imo homines plane contempti & ad nullamrem idonei habiti & reputatisumus. At{que} ita ill in priori sua tyrannide, seipsum induravit.

Et ut omnino crudeli suo erga nos animo & voluntati satisfieret, milites peregrinos magno numero, tam pedites quam aequites, contra praestitum juramentum, quod ex superioribus articulis patet, in regnum induxit, & majoribus adhuc qu • m antehac factum est, oneribus & exactionibus nos gravare instituit. Cum autem idnon injuria nobis grave esset, hoc tentat • m est, ut nos una cum miseris rusticis, (qui tamen ipsi tempore belli septennalis pene omnem substantiam nostram impenderamus) vi ad illas praestandas adigeret. Quocirca missis literis tanquam ad juredicam Ahusium nos evocavit, eo consilio, ut nos vi militis externi (si modo is ad tam impium facinus à rege perduci potuisset) adoriretur, & pro libitu suo imperata facere cogeret. Compertum etiam nobis est, Regem ad diem praestitutam duorum immanium carnificum, more suorum satelli • um (ne scilicet res innotesceret) vestitorum operam conduxisse, in • um finem, si intolerabilibus ipsius edictis & voluntati non assentiremus, ut tum in corpora & fortunas nostras impetum faceret, & forte non all • ud quàm in Suecia, Dynastis, Episcopis, praelatis, nobilitati & civitatibus factum est, covivium nobis adornaret.

Quapropter justissimo (qui etiam in fortissimos viros cadere potest) metu compulsi sumus, ut de tantis malis à nobis avertendis cogitationem aliquam susciperemus, atque ita nostra corpora, vitam & possessiones (quod jure naturae facere tenemur) def • nderemus. Compulsi igitur sumus, ut nostra juramenta, homagia & auxilia militaria per literas illi renunciaremus, id quod, etiam reipsa à nobis jam factam est, cum plane confideremus, neminem fore, qui impiis tyrannicis ipsius delictis consideratis, vitio hoc vertere nobis posset. Nos enim status & consiliarios regni Danici, coram Deo & hominibus obligatos agnoscimus, ut communi patriae, in extremis his • e periculis & angustiis, consolationem aliquam offera • nus. Siquidem miserorum ejus regni inquilinorum aeterna, ration corporum & bonorum, pernicies, matronarumque & virginum dedecus & contumelia potissimum ab eo quaeritur, à quo illa omnia merito averti à nobis debebant. Neque ignotum est, propter similia, aut saepe etiam leviora quàm nos (proh dolor) perpessi sumus facinora tyrannica, saepenumero Caesar's Romanos, Reges Vngariae, Bahemiae, Angliae, & Scotiae, ex suis imperiis & regnis dejectos, nonnullos principes ex ditionibus suis haereditariis expulsos esse, sicuti id tam ex veteribus historiis, quàm • x nostrae aetatis exemplis satis certo nobis innotuit. Et nisi gravissimis hisce, quae hactenus commemoravimus, oneribus impelleremur, pigeret & taederet nos, talem aliquam cogitati • nem in nostrum animum inducere, multo minus reipsae eam exequ • , sed potius sicuti patri & avo ipsius, ita ipsi quoque libenter addicti fuissemus.

Etiamsi vero ab electione externi alicujus & Christiani Regis aut Domi • i cujus potentia & defensione regnum nostrum gubernaretur non plane fuimus alieni: tamen confiderato diuturno & Christiano regimine, regiis virtutibus, clementia, bonitate & justitia, quibus & illustriss, princeps & Dominus, D. Fridericus, verus haeres Norwegiae, Dux Sleswici, Helsatiae, Stormariae, & Dietmarsiae, Comes Oldenburgi & Delmenhorsti, erga Subditos suos statim à gubernationis suis exordio pie & laudabiliter usus est: eum potissimum unanimi consensu regem & Dominum nostrum supra totam Dani • m elegimus, eum nimirum cogitaremus, cum ex inclyta regum Daniae prosapia originem ducere, & praeterea regis filium natum esse, aetque ita jure prae omnibus aliis principibus hunc honorem ipsi, praesertim cum patrimonium quoque ex regno paterno suae Colsitudini debitum, ne nunc q • il • m accepisset, deberi.

Rogamus igitur unumquemque, cujuscunque conditionis aut ordinis sit, si for • e supr dictus Rex Christiernus, aut alius quispiam nomine ipsius, vel Scriptis vel alio modo, nos insimulet, quod contra datam fidem & juramanta hac in parte egerimus, ut illi, antequam vlteriorem nostram defensionem audiat, fidem non habeat, sed potius nostras hasce difficultates, corporis & vitae pericula, impias viduariem & pupillarum • ppressiones, matronarum & virginum violationes, cum clementi, christiana; benevola & humana commiseratione cognoscat▪ & nos (qui honorem & existimationem nostram, u • pios nobiles dece • , erga regem illaesam ad huc conservavimus) excusato • habeat. S • mulque aliis quaque omnibus & singulis, ob causas jam suprà dictas, & alias complures (quas adhuc in honorem nominis regiiusque ad ulteriores nostras apologias reticemus) benign nos excuset. Si etiam rex coram legitimo aliquo judice nos accusandos esse c •• suerit hoc ipso scripto nos ad legitimam & justam causae hujus cognitionem & decisionem offerimus; pollicem • r etiam nos iis, quae hoc modo jure decernentur & sancientur, prompto animo parituros esse. Nequs dubitamus, si vel sanctitas Pontificia, vel Rom. Cesarea Majestas, & Iudicium Camerae, vel alii quoque Christiani Reges, Electores, Principes, Comites, Barones & Nobiles, vel inclytae & liberae Imperii civitates petitionis hujus nostrae aequitatem, & ipsius impiam & Tyrannicam nostri oppressionem cognoverint, quin factum hoc nostrum, ad quod extrema necessitas nos compulit, nequaquam • int improbaturi. Pro quo ipso singulis, proratione ordinis & conditionis suae, nostra studia, officia, & gratitudlnem, omni tempore praestandam, deferimus & pollicemur.

Sweden.

NOt to mention the Kings and Kingdom of Norway, long since incorporated into Denmark, whose lives and Catalogue you may read in Munster, Ioannis Magnus, Crantzius, and others: in which Realm not one King anciently died of age or diseases in above one hundred years, but of violent deaths; there being this custom, That whosoever slew a tyrant King, was thereby made a King. The Kings of Sweden have always been elected upon certain conditions, and subordinate to the power and censures of their whole States and Parliament, in such sort as the Kings of Hungary, Bohemia, Poland, and Denmark have been; and oft times this Kingdom hath been annexed to the Realm of Denmark, and subject to the Danish Kings, as they saw occasion: The names and lives of the Swedish Kings before and since their conversion to Christianity, you may read at large in Munster, Ioannis Magnus, Crantzius, Olaus Magnus, and others: I shall give you a taste only of some of them out of those Authors. Halsten, and Animander his successor were thrust out of their Thrones and Realms by their Subjects. After whose death, the Swedes elected one King of their own Nation, the Goths another, not enduring a foreign Prince to reign over them. King Bugerius slaying his brother Ericus, who had imprisoned him at a banquet, his Nobles de • esting this his treacherous act, rose up in Arms against him, expelled him the Realm, and beheaded his Queen and Magnus his son, electing Magnus the son of Ericus for their King. Magnus the seventh, betrothed his son Aquin to a kinswoman of the Earl of Holstain upon this condition, That unless Aquin should receive her a Virgin, all the Nobles of the Realm should be freed from their Oath of Allegeance to him. The Virgin sailing into Sweden, was taken prisoner by Waldamer King of Denmark, who betrothed his daughter Margaret to Aquin: where • pon the Nobles of Sweden denied to yield anymore obedience to their King, deserted Magnus and chose Albert King: Magnus seeking to regain his Realm, was defeated in battle and died in exile. Queen Margaret taking Albert prisoner, and conquering Sweden, left it and two Kingdoms more to Ericus her adopted son. But the Swedes weary of a foreign yoke, by the help of Engelbert, denied subjection to him, and waged war so long with him, that he was forced to place Swedes in all the Castles by agreement, and to receive only half the revenues of the Realm in his absence, and at last (tired out with the wars) deserted both Crown and Kingdom. After this the Swedes elected Charles for their King, who after seven years reign, perceiving that he grew grievous and displeasing to the States of Sweden, taking his own private goods only with him, and leaving the treasure of the Realm in a safe place, left the Kingdom. Whereupon they elected Christierne the first, the King of Denmark and Norway, for their King; against whom they took up arms, because he had broken that paction prescribed to him when he took the Crown; whereupon Anno 1499. Christierne came with a great power to subdue the Swedes, but he was easily conquered, repulsed thence twice one after another by the Swedes united forces: who elected them a Governor whom they called a Marshall, which had power to call general Assemblies of the States, and execute the Kings Office, and might have been elected King upon such conditions as the States propounded, which he re • used to submit to. King John thinking to subdue the Swedes after Christiernes death, was repulsed by them, and his Queen taken prisoner. His son Christierne the second, King of Denmark, by the treachery of Gustavus Archbishop of Vpsalis, after many encounters, upon promise to continue their Laws, Liberties, and Privileges inviolably, and to remit all offenses past by a solemn Oath, was elected by the Swedes for their King: who swearing these Articles and confirming them by his Charter, was upon this admitted into the Town and Castle of Holm • ; where feasting all the Nobles and principal men of Sweden two days together, suspecting no treachery, he suddenly apprehends them, imprisons, murders all the Nobles, Gentry, Citizens, Commons, yea Bishops and Monks, with extraordinary cruelty, spoils their wives and Orphans of all their goods, and exerciseth more then barbarous tyranny over them; which Gustavus Erichson, a noble Swede then in Denmark hearing of, escapes thence privily, and comes into Sweden • i • g • ised, raiseth an Army to revenge this butchery, delivers his Country from this Tyrant, and for 〈◊〉 noble service was by their unanimous vote elected and crowned 〈…〉 of Sweden in his stead; the Swedes in a public Declaration manifesting then expulsion and deprivation of Christierne for his treachery and tyranny to be just and lawful. Ericus the seventeenth King of Sweden, imprisoning his brother, murdering his faithful Counselors, warring upon his Subjects, playing the tyrant, and matching himself unworthily to a woman of mean condition, was for these his misdemeanors taken prisoner, with his Queen, deposed, and his brother made King in his stead, Anno 1599. And Sigismund King of Sweden, taking upon him the Crown of Poland, after fourteen years reign, was deposed and d • spossessed of his Kingdom Anno 1607. and Charles his Uncle made King in his stead.

Assyria, Cyprus, Lombardy, Naples, Venice.

I Could now acquaint you with many such like passages and stories in the Kingdoms of Assyria; as how effeminate Sardanapalus, for his vices and mis • government was deprived by his Subjects, burned in his Palace, and Arbactus made King in his stead. In the kingdom of Cyprus, where King Peter murthering his brother and those of Geneva, was soon after taken prisoner and made a tributary Prince. King John governed by Helena his wife, and she by his Nurse, which made the people weary of the government, had a Regent by consent of the Nobles ( John of Portugal, whom they married to his daughter Carlota ) set over him and the Realm and all the royal power soon after put into his hands, who being soon poisoned by Helena, Louis son to the Duke of Savoy was sent for the crowned King by general assent, and John and James his sons put by. Clephus the second King of Lombardy was so cruel, that after his death they would have no more Kings, but chose thirty Dukes to govern them, who continued this government eleven years. Desiderius the last King of Lombardy was taken prisoner with all his children in Pavia by Charles the great, and so that Kingdom ceased, Anno 774. Tancred the fourth King of Naples was deposed by Pope Celestine the third▪ with his people's consent. Momfrey a Bastard, poisoning Conrade the seventh King of Naples, and usurping the Crown, was deposed by Charles Earl of Aniou, who enjoyed the Crown till Aragon ceased on the Realm. Ione Queen of Naples married Andrew second son to Charles King of Hungary, whom she hanged at her window for insufficiency; after marrying James of Tarragon, she beheaded him for lying with another woman, and was at last driven out of her Kingdom by Louis of Hungary, and hanged at the same window where she hanged her first husband. Peter Duke of Venice was for his tyranny and misgovernment besieged in his palace by the people, which they fired, and then taking him his wife and son, dragged them unto the butchery, where they chopped them in pieces, and threw him to the dogs to be devoured, notwithstanding all their submissions and entreaties on their knees, Anno 977. So Duke Falier, and many oath Dukes, have been condemned to death and executed by the States of Venice, and that justly as Bodine grants. Multitudes of such like presidents occur, in most other Dukedoms and Principalities, which I will not name, because they want the title of Kings, though Aquinas truly holds, That a Kingdom is so called from ruling; therefore he who hath others under his government, is said to have a Kingdom; in reality, though not in propriety of speech; and so are Kings in verity, though not in title. I might add to these many more examples, manifesting what miseries and untimely deaths tyrannical Kings and Princes have undergone in all ages and States, being commonly deposed, poisoned, murdered; but I shall for brevity pass over these examples, remitting the Readers to Aristotle, Aelian, and Doctor Beard, his Theatre of God's Judgments, and come nearer home to Scotland, as having nearest relation to England.

Scotland.

WHat sovereign power and jurisdiction the Realm, Parliaments and Nobles of Scotland have claimed and exercised over their Kings, (who, saith Bu •• anan, can neither make Laws, War, Peace, nor conclude of any great affairs of the Realm without a Parliament, which hath there, and in Hungary, Poland, Denmark, Sweden, been ofttimes summoned, not only without, but against their Kings consents;) and how frequently they have questioned, imprisoned, censured, deposed, yea judicially sentenced their Kings for their tyrannies, oppressions, whoredoms, murders, rapines, and evil administrations, you may read at large in George Bucanan (King James his own Tutor) in his Book, De Iure Regni apud Scotos, and his Rerum Scoticarum Historia. Where this their Sovereign power is so largely vindicated, debated, demonstrated, and the chief objections against it cleared so abundantly, that I shall not add one syllable to it, but present you with some Historical examples which confirm it.

Fergusius the first King of Scotland dying, and leaving two sons infants, unable to govern the Realm; the Scots thereupon considering what dangers might befall them both at home and abroad, during their infancy; at last concluded after much debate; and settled this for a standing law; that when any King died leaving his son under age and unfit to govern, the next of their kindred, who should be esteemed fittest to reign, should enjoy the sovereign power; and that he being dead, then the succession of the Crown should return to the children of the deceased King, being of age to rule; which Law continued constantly for many hundred years, until the reign of Kenreth the third. By this Law Feritharis brother to Fergusius abtained the Crown and reigned fifteen years with much justice and modesty; after which his Nephew Ferleg desiring to reign, demanded his Fathers Kingdom of his Uncle, who being willing to resign it to him, called an assembly of the estates, made an Oration in praise of Ferleg, proffered to resign the Crown unto him. But such was all the assemblies love to Feritharis and hatred to Ferleg for this his preposterous affectation of the Crown, that they detested the act, and denied the motion both with frowns and verbal reprehentions: Whereupon Ferleg conspired his Uncles death, which being discovered, they thought him worthy of death; but for Fergusius his fathers sake, his life was spared, and he only imprisoned; after which making an escape he fled first to the Pi • ts, then to the Britons, and in the mean time Feritharis dying, by the treachery of Ferleg as was suspected, Ferleg by the unanimus sentence of all was condemned and put from his Crown, being absent, and his brother Mainus created King. Dornadilla the fourth King of Scotland dying, leaving Reuther his son under age and unfit to reign, the people made Notatus his brother King; who playing the tyrant, banishing, murthering, and opp • essing the people, Donald of Galloway raised an Army against him, expostulated with him for his tyranny, and wished him to resign the Crown to Reuther; which he refusing to do, any justifying his tyranny; hereupon Donald gave him batte • l, slew him, and made Reuther King without the people's suffrages: Upon which the Nobles being offended, (because the power of the Parliament was by this means abolished, and the election of the supreme Magistrate made only by one man,) took up Arms both against Ruther and Donald, gave them battle twice in one day, and took Ruther their new King prisoner: who afterwards dying and leaving There his son an infant, scarce ten years old, they, according to the Law formerly made and received in this case, made his unkle Ruther King; who after seventeen years reign voluntarily resigned his Crown to his Nephew There, in whose commendation he made an Oration, the people hardly permitting it. There soon after growing very vicious and flagitious, slaying the Nooles, and filling the Realm with robberies, the Governors pi • tying the deplorable state of the Realm, resolved to punish him for it; of which he being informed, fled to the Britons, where he spent his days in contempt and ignominy, not daring to return; Conan a prudent and discreet man, being elected Viceroy in the mean time, which office he held almost twelve years till the death of There. In the reign of Finnan the tenth King of Scotland, that the roots of tyranny might be cut off, it was decreed, That Kings should command nothing of greater moment to be done, but by the authority of the public Council. Durstus the eleventh King, giving himself to all deboistnesse, first banished his fathers friends from him as the troublesome reprehenders of his pleasures; and sending for the most vicious young men to be his familiar companions, gave himself wholly to luxury and venery. He prostituted his wife, (daughter to the King of Britain's ) to his companions, and then banished her. At last the Nobles conspiring against him, he awaking as it were cut out of sleep, considering that he should find no place of safety, neither at home nor abroad, being equally hated of strangers and subjects, thought best to counterfeit repentance of his former li • e, for so he might retain both his Crown, and in time inflict punishments on his enemies. Wherefore recalling his wife from exile, he first of all endeavored to reconcile him self to the Britain's: then calling the chiefest of his subjects to him, he ratified with a most solemn oath the oblivion of his former courses; he committed every most wicked person to prison, as if he reserved them for punishment, and religiously promised, that he would do nothing hereafter, but by the advice of his Nobles. When by these things he had given assurance of his sincere mind, he celebrated the agreement with pastimes, banquets, and other signs of public gladness: and now all men's minds being taken up with joy, he called most of the Nobility to a supper; where, when he had shut them up (improvident and unarmed) in one room, sending in his assasinates, he slew them everyone. This calamity not so much terrifying as exasperating the minds of the rest with new flames of anger, they gathered a great army together, all men conspiring to take away this detested monster; whom they slew in battle, together with his wicked confederates. After whose slaughter, the Nobles putting by Durstus sons, lest they should imitate their fathers vices, elected his brother Even King with unanimous consent; who hating Durstus his tyranny had voluntarily banished himself among the Picts. Even dying, leaving a bastard son called Gillo, he procured himself to be elected Viceroy till a new King should be chosen, and got the Kingdom confirmed to him; but yet not deeming himself secure as long as any of Durstus his family remained, he treacherously slew Durstus his two eldest sons, with all his kindred and familiars: With which the Nobles being much discontented, and fearing worser things, privily raised an Army against him; who finding himself generally deserted but by a few flagicious persons, who feared punishment, He was forced to fly in a Fisherboat into Ireland: whereupon the Scots created Cadvallus their Vice-roy, and after that created Even their King, who conquering Gillo in Ireland, he was forced to fly into a Cave, where he was taken and his head cut off.

King Even the third, not content with an hundred Concubines of the Nobility, made a Law, That it should be lawful for everyone to marry as many Wives as he could keep; and that the King should have the maid • n-head of Noble women, and the Nobles of the Plebeans before they were married; and that the common people's Wives should be common for the Nobles. Be • ides, luxury, cruelty and avarice were the companions of this his flagitious life; he murthering the rich to get their wealth, and favoring thee • es to share in their robberies: whereupon the Nobles and people conspiring against him and taking up Arms, he discerned how unfaithful the society of ill men is; for being deserted by his party as soon as the battle began, he c • me alive into his enemies hands: and was committed t • pe • petuall prison, his life being spared by the intercession of Cad • lan, who was made Vice-roy in his stead; but son after he was strangled in the prison by one whom he had formerly injured. King Corbreds son being within age at his death, the Assembly of the States made Dardan King, who within three years space • ushing into all kind of vices, bannished all prudent and honest men out of hi • Court, kept none but flatterers about him, slew Cardorus, and divers others virtuous men who advertised him of his faults; and to take away the fear of succession, plotted the death of Corbred, Galdus, and others: whereupon the Nobles and people by unanimous consent rose up against him, slew his evil instruments, routed his Forces, took him prisoner, whilst he was about to murder himself, cut off his head (which they carried about for a laughing-stock) and threw his corps into a jakes, after he had reigned four years. Luctacke the 22 King of Scots, giving himself wholly to Wine and Harlots, sparing the chastity of none though never so near allied to him, nor their husbands never so great, deflowering his own Sisters, Aunts, Daughters, joining inhumane cruelty and insatiable avarice to his lust, and depraving the youth of the Country corrupted by his example, when as no man du • st resist him; was at last convented before an Assembly of the chief men; where being more freely reprehended for those crimes, he commanded the chief of them to be drawn away to punishment, as seditious, calling them old doting fools. Whereupon the people assembling together, • lew both him and the instruments of his wickednesses, when he had scarce reigned three years space. Mogaldus was elected King in his place, who carefully reforming all the abuses and corruptions of Luctack in the beginning of his reign; yet fell at last unto them in his old age, and grew 〈◊〉 by his vices, to the Nobles and common people, that they weary of him, rose up against him; he being unable to resist them, wandered up & down with one or two Compani • ns, in secret places, seeking to escape by flight; but was at last taken and slain. Conarus his son and successor giving himself to all manner of luxury, and lust, brought the Realm in short time to great penury; giving Lands and riches to most vile and naughty persons, because they favored his corrupt living, and invented new exactions upon his people. Whereupon summoning a Parliament, he demanded a Tribute of them to support his State and Court in Honor; who taking time to deliberate, and understanding at last, that this his hunting after money proceeded not from his Nobles, but from the inventions of Court-flatterers, they resolved to commit the King toward, as unfit to govern, until he renouncing the Crown, they should elect another King. Whereupon the next day, he who was first demanded his opinion, Declaimed sharply against the Kings former life, his bauds and companions, as unprofi • able in war, troublesome in peace, full of shame and disgrace: shown, that the Kings revenues were sufficient to maintain him if he lived within compass; that the rest might be supplied out of the estates and by the death of those on whom he had bestowed the public patrimony; and that the King in the mean time should be committed to custody, as unfit to rule, till they elected another, who might teach others by his example to live sparingly and hardly, after their Country custom, and might transmit the discipline received from their ancestors to posterity. With which free • speech he growing very angry, instead of pacifying their discontented minds, inflamed them more with his cruel threatenings; whereupon the King being laid hands on by those who stood next him was shut up in a Hall with a few attendants: his Courtiers, the authors of ill counsel were presently brought to punishment, and Argarus a Nobleman made Vice-roy till the people should meet to elect a new King; after which Conare spent with g • iefe and sickness, died in prison. King Ethodius his son being an infant his brother T • trasell was chosen King, who murthering his nephew, cutting off divers of the Nobles, and spoiling the common people, to establish the Kingdom in himself, he grew so odious and so much d • minished his authority in a short time, that he stirred up divers seditions; which he not daring to go abroad to suppress, being generally hated, was at last strangled by his own followers in the night, in his own House. Ethodius the 2. being a stupid man, and of a duller wit then was suitable to the government of so fierce a people, the Nobles hereupon assembling together out of their respect to the family of Fergusius, would not wholly deprive him of the name of a King, though he were slothful being guilty of no crime, but assigned Him governors to execute Justice in every County: at last he was slain in a tumult of his familiars. King Athirco his son degenerating from his former virtues, and growing extremely covetous, angry, luxurious, slothful, and leaving the company of all good men, was not ashamed to go openly in the sight of the people playing upon a Flute, and rejoicing more to be a Fidler, then a Prince; whereby he became very odious to the people: at last ravishing the daughters of Nathalocus a Noble man, and then whipping and prostiruting them to his lewd companions lusts; thereupon the Nobles rising up in Arms against him, when he had in vain endeavored to defend himself by force, being generally deserted by his own people, who hated him for his wickedn • ss • he murdered himself, and his brother Donus was enforced to fly with his little ones to the • icts to save his life. Nathalicke succeeded in his Realm, governing it ill by indigent ordinary persons, who would attempt any wickedness, and treachero • sly strangling divers of the Nobility, who were opposites to him, in the prison to which he commit • ed them, to establish his Kingdom; thereupon their friends with others, being more enraged against him, raised an Army to suppress him; which whiles he endeavored to resist, he was slain by one of his own servants, or as some say, by a Sorceresse with whom he consulted to know his end. King Findocke being treacherously slain through the conspiracy of Car •• tius his second brother, Donald his third brother was elected King. Donald of the Isles, usurping the Realm by violence, so far oppressed the people by • ll officers and discords raised amongst them, that he durst seldom stir abroad; he never laughed but when he heard of the discord and slaughter of his Nobles: for which he was at last surprised and slain by Crathilinthus, who was unanimously elected King, and • lew all this tyrants children. After the death of Fircormarch there were great divisions and wars for the Crown between Romach and Angusian, two brethren; Ramach at last conquering his brother and chasing him into Ireland, gained the Crown rather by force, then love of the people; which to preserve, he shown himself very cruel to the adverse party, reduced capital causes to his own at bitrement, and putting many to death, struck a general fear in all good men: Upon thi • he grew so generally odious to all estates, that they conspired against, and suppressed him before he could collect his Forces; and cutting off his head, carried it about on a Poll, as a joyful spectacle to the people.

Constantine the first, of Scotland, as soon as he obtained the Crown, loosed the reins to all Vices: he was cruel and covetous towards his Nobles, kept company with men of the basest Ranke; gave himself only to the rapes of maids, matrons, and immoderate feasts, having fidlers, Stage-players, and ministers of all sorts of pleasures almost about him: with which vices the Nobles of Scotland being offended, admonished him of his duty. But he proudly centemning them, wished them to look after other matters, saying, he had council enough from others, and that they should lay aside their false hope, that they could reclaim the King by their Council. On the contrary he was of so poor a dejected Spirit towards his enemies, that he not only granted them peace, but remitted them injuries, and restored them Castles as soon as they demanded them. Which caused the Picts and Scots to consult together to depose him by force of Arms; from which Douglasse dissuaded them for the present, by reason of their foreign wars with the Britons and Saxons: In the end, he was slain for ravishing a Noblemans daughter in the 15. year of his Rain. King Goran was slain by the people for favoring Tow • er chief Inquisitor or judge of capital causes, who much oppressed the people; his children being young, Hugonius succeeded to the Crown; and afterwards his brothers Congalus and Kumatel, after whom Ardan the son of King Goran reigned. Ferwhard the 52. King of Scots a crafty man, desiring to turn the Kingdom into a tyranny, nourished great divisions among the Nobles; but they discovering his malice privilyenter into an accord among themselves, and calling a Parliament, summoned him thereunto: who refusing to appear, keeping within his Castle; they thereupon took it by force, and brought him to judgment against his will; where many and grievous crimes, among others, his cruelty and negligence in the affairs of the Common-wealth; the Pelagian Heresy, with contempt of Baptism, and the other Sacraments, were objected against him; of none whereof he being able sufficiently to purge himself, was cast into prison; where, out of shame and sorrow, he slew himself. Ferwhard the second, a man polluted with all kind of wickedness, an insatiable desirer of wine and money, inhumanely cruel towards men, and impious towards God, when he had every where vexed others with cruelty and rapines at last turned his fury against his own, slaying his own wife, and ravishing his own daughters: for which wickednesses he was excommunicated: but the Nobles willing to assemble together to punish him, were disuaded by holy Bishop Colman, who told the King openly, that some Divine judgment would shortly seize upon him, which • ell out accordingly, for falling into a Feaver, and not abstaining from his intemperance, he was eaten up of lice. Maldwin 55. King of Scotland was strangled by his Queen, for suspicion of Adultery with an Harlot; for which fact she her self was burned 4 days after. Amberkelethus a vicious wicked king, was slain by one of his own men, with an arrow in the night, when he was marching against the Picts; whereupon, lest the Army should be dissolved or left without a General, Eugenius the 7 ^th was presently chosen King in the Tents: who making peace with the Picts, his wife being slain in his bed by two conspirators who sought his life, the king being suspected of this murder was thereupon imprisoned; but before his trial set at liberty, by the apprehension of the Murderers. King Eug • nius the 8 ^th , rushing into all Vices, and neither regarding the admonitions of his Nobles or Clergy, was for his filthy lusts, covetousness, and cruelty, slain in the assembly of his Lord's by their general consent, and his companions in wickedness and villainy hanged, which was a grateful spectacle to the people. Fergusius the third succeeded him both in his Crown and Vices; he was a foul drunken glutton, and so outrageously given to Harlots, that he neglected his own wife, and brought her to such poverty, that she was forced to serve other Noble women for her living; wherefore to expiate this disgrace, she murdered him in his bed, and afterwards slew her self also. Donald the 70 King of Scotland, gave himself wholly to his pleasures, keeping none but Hunters, Hawkers, and inventors of new lusts about him, on whom he spent the revenues of the Realm, by which he corrupted the youth of the kingdom: which the ancients of the Realm discerning, assembled and went to the King, admonishing him of his duty; which he notwithstanding neglected, till the wars roused him up. Which being ended, he returned to his pristine courses; Whereupon the Nobles fearing, lest this filthy and slothful man, who would neither be amended by the councils of his friends, nor calamities of his people, should lose the remainder of the Kingdom which was left, cast him into prison; where for grief of his inhibited pleasures, or fear of public shame, he laid violent hands upon himself. Constantine the second was inhibited by his Senators to make war before he had reformed the corrupted youth of the Realm by good Laws; after which he was slain in battle by the Danes. King Ethus his brother and successor polluting himself with all vices, and drawing all the youth of the Country (prone to wickedness) with him, he was thereupon seised on by the Nobles; who making a long Oration to the people, wherein they related the wickednesses of his whole life, he was forced to renounce his right in the kingdom, and died in prison of grief, within three days after, Gregory being made King in his stead. Constantine • the third turning Monk, Malchombe was elected king, who was slain by the conspiracy of thieves; whose son Duffus being an infant, Indulfus enjoyed the Crown; to whom Duffus succeeding, was murdered by Donald: whereupon a Parliament was assembled to choose a new King, which elected Culenus: who at last degenerating into all licentiousness, ravished Virgins, Nuns, yea his own sisters and daughters, and set up a kind of public stews. For which being reprehended by the Nobles, he excused part by reason of his youth, part by reason of • ear, and acknowledging his sorrow for the residue, promised amendment. But he not reforming upon their adm • nitions, they departed from Court, that they might neither be witnesses no • partakers of his vices: The king freed of their troublesome company gave himself wholly to fea •• ing and venery, spending nights and days in dishonest sports and pleasures with his dissolute companions; and to maintain his luxury, he pillaged and oppressed his Subjects, especially those who were rich; and by his disorders fell into a grievous sickness, which made him a deformed carcass, fit for nothing but to suffer the penalties of his vicious life, his Courtiers and companions spoiling the people everywhere in the mean time. Whereupon the N •• les were enforced to summon a Parliament at Scone, where the king was commanded to be present, that together with the rest he might consult how to provide for the public safety in this precipitate State of things: with which • ommons being awaked, he began to consult with his companions, what was best to be done for his own • afety in these exigen • s: being unable to resist or flee, he resolved to go to the Parliament, hoping to find some mercy there for his good fathers sake, to preserve him from falling into extreme misery▪ but in his way thither he was slain by the Thane of the Country for his violent ravishment of his daughter; his death was acceptable to all, because it freed them of such a monster with less labor then they expected: and Kenneth the third was made King in his place: who poisoning his Nephew Malcolme, heir to the crown after his decease, to settle it on his own posterity, he caused the Lord's in Parliament to repeal the ancient Law whereby the Crown descended to the next of kin during the minority of the right heir; and to enact, that the son should 〈◊〉 thenceforth inherit the crown next after his father, through a Minor; that the Realm during his Minority should be governed by a Viceroy elected by the Parliament and Nobles till he came to 14 years of age; and after that by a Guardian elected by himself; that if the Kings eldest son died having issue, the issue should inherit, before the second brother, &c. After which, the King generally hated for the poisoning of Malcolme, was slain by the practice and command of Fenella. He thus cut off Const • ntine surnamed the bald, son of Culen, pretending the new Law concerning the descent of the Crown to be unjust, obtained by force, and contrary both to the public liberty and safety; to wit, that an in • ant (commonly governed by a woman) being unable to govern, or repulse an enemy in times of danger, yea a curse of God upon a Realm, and therefore not to be endured or settled by a Law, especially in those time of war, when they had so many enemies) should be preferred before a Kinsman of full age, fit to reign; so ambitiously sought the Crown and made so many friends, that he procured himself to be proclaimed King at Scone; which Malcolme son of Kenneth (for whose sake this new Law was enacted) understanding, presently raised all the Forces he could, which being conducted by his brother Kenneth, Constantine and he in the second encounter were both slain one of another. After whose death Grame the son of Duffus usurping the Crown, when he and Malcolme were ready to encounter with their Arms, this agreement was made between them by Forthred a Bishop, that Grame should retain the Kingdom, and the new Law of succession be suspended during his life; and Malcolme succeed him after his death. After which Grame giving himself to all dissoluteness, covetousness and oppression, and warring upon those Nobles and Counselors, who advised him to reform his evil courses, with greater cruelty than any foreign enemy, destroying both men, towns, cattle, fields, and making all a common prey; hereupon they called in Malcolme out of Northumberland to assist them, who encountering Grame, on Ascension day, took him prisoner, being deserted of his people, wounded in the head, and then put out his eyes; who soon after dying of sorrow and his wounds; Malcholme thereupon summoned a Parliament at Scone, and would not take the Crown till the Law concerning the succession made in his fathers reign, was ratified by all their conse • ts: against which Law Buchanan exceedingly inveighs in the beginning of his seventh Book, as the occasion and increase of all those mischiefs both to King and Kingdom, which it was purposely made to prevent. This Malcolme, after he had reigned long victoriously with much honor, in his declining age, growing very covetous, took away the lands he had formerly given to his Nobles for their good service in the wars, and punished divers of the wealthiest men so severely, that he brought many of them to death, others to extreme poverty; which injuries lost him all his love, honor, and so far exasperated the people▪ that partly out of revenge, partly to prevent further oppressions and to provide for their own security, corrupting his servants with money, they seat their agents into his chamber in the night, and slew him. Not to mention the murder of King Duncan by Machbed, who usurped his Crown through his pusillanimity; this Machbed, omitting no kind of libidinousnesse, cruelty, and tyrannizing over the people for 18 years soac • together, trusting to the predictions of certain wizards, that he should neve • be overcome till Bernane wood did come to Dunsinane Castle, and that he should never be slain by any man borne of a woman. At last Mackduffe governor of Fiffe joining himself to some few patriots who had escaped this Tyrants sword, met at Bernane wood, and early in the morning every man bearing a bough in his hand, the better to keep them from discovery, took Dunsinane Castle by scalado: whence Machbed escaping was pursued, overtaken, and urged to • ight • p Mackduffe, to whom the Tyrant replied in scorn, that in vain he attempted his death, for it was his destiny never to be slain by any man borne of a woman: Now then said Mackduffe, is thy fatal hour come, for I never was borne of a woman, but violently cut out of my mothers womb, she dying before I was borne; which words so daunted the Tyrant, though otherwise valiant, that he was easily slain, and Malcolme Conmer the true heir of the Crown, seated in the Throne. King Donald being odious and cruel to his subjects, they sent for Duncan Malcombes bastard, who expelled him the Realm, and was created King in his steed; who proving harsh, cruel, and Imperious to his Subjects, fell into their hatred, and was beheaded in the night by Marpender Earl of Murry, corrupted with money by Donald to murder him. Donald permitting the Isles to be taken and possessed by Magnus King of Norway, and suffering his Realm to be wasted by a secret agreement; thereupon the Scots sent for Edgar Malcombes son, to take possession of the Crown, who entering into Scotland with small forces, Donald being deserted by his people, betook himself to flight, but being apprehended and brought back to Edgar, he was cast into prison, and not long after died. King Malcolm▪ the fourth, at a Parliament at York parting with divers of his Crown-lands to King Henry without his people's consents so far incurred their hatred, that upon his return they besieged him at Barwick, and almost took him prisoner, but by the mediation of some of his Council, who informed the Nobles, that the King was by violence & fraud circumvented by the King of England, of the ancient patrimony of the Crown land, they resolved to recover it by war: the Scottish Nobility affirming, that the King had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament. This King after some encounters making a peace with the English upon unequal terms, wherein he parted with some of his ancient territories, out of his pusilanimity, against his Nobles consent; hereupon he grew so odious and contemptible to them, that they were all weary of his government, and caused many to take up Arms and Rebell against him.

After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King; and the government of the Realm, during the Inter-regnum • where first of all they appointed six men to rule the Realm for the present, and then heard and discussed the several Titles pretended to the Crown, the final determination whereof, they referred to King Edward the first of England▪ as to the Supreame Sovereign Lord of the Realm: who selecting 12. S • ottish, and 12. English Counselors to assist him; After full hearing, by general consent of all, adjudged the Crown to John Baylioll, husband to King Alexanders • ighest Kinswoman: The Scots considering his simplicity and unaptnes to govern them, and scarce confiding in him being an Englishman, and elected by the K. of England, cōstituted them 12. Peers, after the manner of France, to wit, 4. Bishops, 4. Earls, and 4. Lord's, by whose advise the King and all the affairs of the Realm, were to be governed and directed: He was taken and kept prisoner by the English. After the death of Robert Bruce, the Scots before their King was crowned, created a Vice-Roy to govern the Realm, who suppressed the thieves, and Robbers: Edward Bayliol son to John Bayliol succeeding Bruce, was afterwards rejected and deposed by the Scots, for adhering too closely to the English & K. Edward, and David Bruce elected K. in his place. Robert the 2 ^d . of Scotland when a peace was propounded between France, England, and Scotland by the Pope, willingly consented there unto, but his Nobles being against it, his assent alone was in vain; because the King of Scotland alone, can make no firm peace nor truce, nor promise which shall bind, but by public consent in Parliament. King Robert the 3 ^d . dying of grief, for the captivity and imprisonment of his Son James, taken prisoner by our King Henry the 4 ^th . as he was going into France, the Scots hereupon appointed Robert his uncle, by common consent, for their Vice-roy, till James the (first of that name) right heir of the Cowne, were enlarged. James being freed and Crowned, summoned a Parliament, wherein an aid was granted him to pay his ransom, with much difficulty: he had many Civil wars with his Subjects, and at last was murdered by Robert Grame and his confederates, from whom he received 28. wounds in his Chamber in the night, whereof he presently died. James the 2. his son, being but 7. years old at his death, Alexander Leviston was chosen Protector, and William Crichton made Chancellor by Parliament; Which the Earl Douglas storming at, committed many insolencies in a hostile manner. After which, Alexander and his faction opposing the Chancellor, and commanding that none should obey him, the Chancellor thereupon fortified Edinburgh Castle, and as the King was hunting early in the morning seized upon him with a troop of Horse, & brought him to Edinburgh Castle, where he detained him from the Protector till the peace of the Kingdom, and present divisions should be settled: which lasting very long by reason of Earl Douglas his ambition, power, and covetousness, who raised many grievous civil wars, he was at last stabbed to death by the King himself, Anno 1452. contrary to his promise of safe • conduct to the Court, under the Kings and Nobles hands and seals: Wherupon his brethren and Confederats, meeting at Sterling, resolved to revenge his death, and tied the Kings and Nobles writing of safe conduct to an horses tail, which they led through the streets of Sterling, railing at the King and his Council as they went, and when they came into the market place (where they had 500. trumpets sounding) they by an Herald, proclaimed the King and all that were with him, fedifragus, perjured, and enemis of all good men: and then spoiled and burned the Town, Country, with all places else that were firm to the King; between whom and the kings party, a bloody civil war (to the spoil of the Country) continued above two years space with various success; till at last with much difficulty this fire was extinguished and the King casually slain with the breaking of a Cannon: whose son James the 3. being but 7. years old, was proclaimed king in the Campe, and the Queen Mother made Regent, till a Parliament might be called to settle the government; but when the Parliament assembled, upon the Oration of Kenneth Archbishop of Saint Andrew's showing the Inconveniences and unfitness of a woman's Government, they Elected 6. Regents to govern the King and Realm during his minority. After which Bodius was made Vice-roy: This king being seduced by ill Courtiers and Counselors which corrupted him, thereupon divers of the Nobles assembling together, resolved to go to the Court, to demand these ill Counselors and seducers of the King and then to execute them; which they did accordingly, and that with such fury, that when they wanted cords to hang some of them, they made use of their horses bridles, and everyone strave who should be forwardest to do this execution. The king promising reformation, was dismissed; but in steed of reforming he meditated nothing but revenge, blood and slaughter in his mind; and plotting secretly to murder the Nobles in Edenburg, by the help of Earl Duglasse; he detesting the fact and revealing the Treachery, thereupon the Nobles who formerly desired only his reformation, took up Arms to de •• roy him, as one incorrigible and implacable; whereupon they made the Kings son Vice-roy, and knowing the kings perfidiousness, would yield to no terms of peace, unless he would resign up his Crown to his son: which he refusing, thereupon they gave him battle and slew him, as a common enemy. After which calling a Parliament, they created his son James the fourth king; who coming under the power of the Duglasses, rescued himself at last from them: and invading England, Anno. 1542 when he proclaimed Oliver Sincleer his favorite, Gene • all, the Scottish Nobility took it in such indignation, that they threw down their weapons and suffered themselves to be taken prisoners; whereupon the king growing sick with grief and anger, soon after died. Anno. 1555. Mary the Daughter of king James the sixth of Scotland, and heir to the Crown, being within age, her mother Queen Mary, by common consent was made Regent, and she by common consent and council of the Nobles, married to Francis Dolphine of France. In the mean time there happening some troubles and wars about the reformed Religion, which many of the Nobles and people there contended for; the Queen Mother, granting those of the Religion, a confirmation of their liberties and Religion by way of Truce for 6 months, she in the mean time sends for Soldiers out of France, wherewith she endeavored to suppress Religion, with the remaining liberty of the Scots, and to subject them to the French. Whereupon the Nobles of Scotland who stood for the defense of their Religion and Liberties, by a common decree in Parliament, deprived the Queen Mother of her Regencie, make a league with our Queen Elizabeth, being of the reformed Religion, and receiving aid both of men and money from her, besieged the Queen Mother in Edinburgh Castle, where she died of grief and sickness. After which they expelled the French, and procured free exercise of the Reformed Religion. In the mean time Francis dying, the Queen sends for Henry Steward out of England, where he and his Father had been Exiles; marries and proclaim him king, July 29. 1564. which done, she excluded the Nobility from • er Councils, and was wholly advised by David Ritzius, a Suba • dian, whom she brought with her out of France, and did all things by his Council; wherewith the Nobles being much discontented, finding him supping with the Queen in a little Chamber, commanded him to rise out of the place, which did little become him, and drawing him out of the Chamber, stabbed him to death, Anno. 1565. The Queen soon after was delivered of a son and heir, James the 6. and then admits James Hepburne Earl of Bothwell into most intimate familiarity with her, setting him over all affairs of the Realm, granting nothing to any petitioner almost but by him; and her husband Steward being dead, (whether of a natural death or poison is yet in controversy) she married Bothwell openly, without the Lord's and Parliaments consents. Hereupon the Nobles took up arms against Bothwel and the Queen, bes • edged the Queen till she rendered her self prisoner, upon this condition; that she should abjure and resign her interest in the Crown and Kingdom to her infant son; which they compelled her to perform, and appointed James Earl of Morton Vice-roy, and Protector during the Kings Minority. In the mean time the Queen was committed prisoner to the Castle of the Isle of the Lake Leuine; where corrupting Duglasse her keeper, the Earl of Mortons Nephew, and a shipmaster, she escaped to the Hamilt • ns in safety, who having raised Forces to free her, waited her coming on the shore: But the Vice-roy scattering these forces soon after, the Queen thereupon fled into England. Anno. 1568. Where Queen Elizabeth taking her expulsion ill, labored that she might be restored to the Crown, which could not be effected, but by Arms, or mediation; and neither of them without knowledge of the cause. Whereupon the Queen sent for the Vice-roy and Council of Scotland into England, to answer the complaints of their Queen against them; which they did in a writing, (composed by Buchanan, and afterwards Printed both in Latin and English, ) wherein they shown the grounds and order of their proceedings against their Queen; wherewith the Queen and Council were satisfied, that they had proceeded rightly and orderly: yet to keep both sides in suspense, she pronounced no definitive sentence: The Vice-roy departing into Scotland, was afterwards murdered by the Hamiltons, and Matthew Steward Earl of Len • ux made Vice-roy in his steed. The Queen in the interim treated with Thomas Howard Duke of Nerthfolke, about a match with him, and to seise upon the Realm of Scotland, whereupon he was committed to the Tower, and she restrained; after which she was solemnly arraigned and condemned to death by the Parliament of England for conspiring Queen Elizabeth's death, &c▪ and for it beheaded at Fotherringham Castle, Feb. 8. 1587▪ The History of which Queens life is more at large related by Buchanan and others; and her imprisonment and Deposition professedly justified as lawful by his Treatise, De Iure Regni apud Scotos (compiled for that purpose) to which I shall refer the Reader.

What th • Lord's and Realm of Scotland have done within these 5. years last past in defense of their Religion Laws, Liberties, by holding general Assemblies, Parliaments, taking up arms, seising the Forts and Ammunition of the Realm, and marching into England, against the Kings consent and Proclamations, is so fresh in memory, so fu • lie related in the Acts of Oblivion and Pacification, made in both Parliaments of England and Scotland, ratified by the King himself; and in particular Histories of this Subject, that I shall not spend time to recite particulars, but will rather conclude from all the premises with the words of Buchanan;

The Ancient custom of our Ancestors in punishing their Kings, suffers not our forcing of the Queen to renounce her right unto the Crown to her son, to seem a Novelty; and the moderation of the punishment, shows it proceeded not from envy: for so many Kings punished with death, bonds, banishment by our Ancestors, voluntarily offer themselves in the ancient Monuments of Histories, that we need no foreign examples to confirm our own act: For the Scottish Nation, seeing it was free from the beginning, created it self Kings upon this very Law, that the Empire being conferred on them by the suffrages of the people, if the matter required it, they might take it away again by the same suffrages; of which law many footsteps have remained even to our age: for in the Islands which lie round about us, and in many places of the Continent, wherein the Ancient language and constitutions have continued, this very custom is yet observed in creating Governors: likewise the Ceremonies which are used in the Kings inauguration have also an express image of this Law; out of which it easily appears, that a Kingdom is nothing else, but the mutual stipulation between the people and their Kings: the same likewise may be most apparently understood out of the inoffensive tenor of the ancient Law, preserved from the very beginning of reigning among the Scots even unto our age; when as no man in the mean time hath attempted, not only not to abrogate this Law, but not so much as to shake it, or in any part to diminish it: Yea, whereas our Ancestors have deprived so many Kings as would be tedious to name, of their Realm; condemned them to banishment, restrained them in prisons, and finally punished them with death, yet there was never any mention made of abating the rigor of the Law; neither perchance undeservedly, since it is not of that kind of Laws which are obno • ious to the changes of times, but of those engraven in the minds of men in the first original of mankind, and approved by the mutual consent well-nigh of all Nations, which continue unbroken and sempiternall together with the Nature of things, and being subject to the commands of no man; domineer and rule over all men. This law (which in every action offers it self to our eyes and minds, and dwells in our breasts will we, nill we) our Ancestors following, were always armed against violence, and suppressed the unruliness of Tyrants. Neither is this Law proper only to the Scots, but common to all well-ordered Nations and People: as the Athenians, Lacaedemonians, Romans, Venetians, Germans, Danes: which he there manifests by examples.

So that I may hence infallibly determine, the Realm, Parliament, and Nobles of Scotland, collectively considered, to be the Sovereign power in that Realm, superior to the Kings themselves: from whom I shall proceed to Scripture Presidents, in the Kings and Kingdoms of the Gentiles, Israel, and Judah, recorded in Scripture.

The Kings of the Gentiles, Israel, and Judah.

Now least any should object, that all the forecited Examples and Authorities are but human, and no convincing evidences to satisfy the Conscience, That whole Kingdoms, States, and Parliaments are above their kings, and of greater power then they, I shall therefore (to close up this Posterne Gate of Evasion) conclude with Scripture Presidents, ratifying this truth beyond all contradiction. To begin with Heathen kings and States therein recorded. I read in the 1 Sam. 29. and 1 Chro. 12. 19. That when David with his men offered to go with Achish and the Philistines against King Saul (his Sovereign) and the Israelites to Battle, and passed on in the rearward with Achish; the Princes of the Philistines seeing it, said, What do these Hebrews here? To whom Achish answered, Is not this David the servant of Saul King of Israel, which hath been with me these years, and I have found no fault in him since he fell unto me unto this day? Hereupon the Princes of the Philistines were wroth with him, and taking advice together, said to their King Achish, Make this fellow return that he may go again to his place which thou hast appointed him, and let him not go down with us to Battle, lest in the Battle he be an adversary to us; for wherewith should be reconcile himself to his Master? should it not be with the Heads of these men? Is not this David, of whom they sang one to another in dances, saying, Saul slew his thousands, and David his ten thousands? Then Achish called David, and said unto him, Surely as the Lord liveth, thou hast been upright, and thy going out and coming in with me in the Host is right in my sight, for I have not found evil in thee since the day of thy coming; nevertheless the Lord's favor thee not; wherefore now return and go in peace, that thou displease not the Lord's of the Philistines. And when David replied, What have I done, &c. that I may not fight against the Enemies of my Lord the King? Achish answered him, I know thou art good in my sight as an Angel of God, notwithstanding the Princes of the Philistines have said, HE SHALL NOT GOE VP WITH VS TO BATTELL; wherefore rise up early in the morning with thy Masters servants that are come with thee, and as soon as ye have light, depart; whereupon they returned. Here we see the Lord's of the Philistines did peremptorily overrule their king against his will, who durst not contradict them; therefore they had a Power superior to his: as will further appear by 1 Sam. 5. 7▪ 8, 9, 10, 11. and ch. 6. 1, to 13. where when the Ark of God was taken by the Philistines, the Lord's and People of the Philistines (not the King) met, consulted, and ordered, how it should be removed from place to place, and at last sent it back again. So Ahasuerus the great Persian Monarch, was advised, overruled by his Council of State, as appeareth by the case of Queen Vashti, Ester 1. and what his Princes thought meet to be done, that he decreed and proclaimed, verse 19, 20, 21, 22. So Artax • rxes king of Persia did all things of moment, by the advise of his Counselors and Princes, Ezra 7. 28. and Chap. 8. 25. Great Nebuchadnezzar King of Babylon, ( Dan 3. 2, 3. 24. chap. 4. 32, to 36.) was for his pride driven from men, put to eat grass with Oxen for aspace, till he knew that the most High ruleth in the Kingdoms of men: After which his understanding and reason returned to him, and the glory of his Kingdom, and his Counselors and Lord's sought unto him, and established him in his Kingdom, he being over-ruled and counseled afterwards by them. So Daniel 6. Darius King of the Medes and Persians, was over-ruled by his Lord's and Princes, even against his will, to Sign a Decree, and to cast Dauiel into the Lions Den for breach of it; and though the King were sore displeased with himself for Signing this Decree, and set his heart on Daniel, and labored till the going down of the Sun to deliver him; yet the Princes assembling and telling the King, Know O King, that the Law of the Medes and Persians is, that no Decree nor Statute which the King establisheth, ( by the advice of his Nobles ) may be changed, ( to wit, by the king alone, without their advise: a clear evidence, that the greatest Persian Monarchs were subject to the Laws of their Kingdoms, as well as other Princes; ) Whereupon the King commanded, and they brought Daniel and cast him into the Den of Lions, and a stone was brought and laid upon the mouth of the Den, and the King Sealed it with his own Signet, and with the Signet of the Lord's, THAT THE PVRPOSE MIGHT NOT BE CHANGED concerning Dani •• . Here this great king was even against his will constrained to be subject both to his Laws and Lord's. The like we read of Pharaoh king of Egypt, Exod. 1. 8, 9, 10, 11. who consulted with his people how to oppress the Israelites, as being unable to do it without their consents. And Exod. 10. Pharaohs Counselors and Lord's, ( after sundry Plagues on the Land ) said unto him, How long shall this man ( Moses ) be a snare unto us? Let the men go that they may serve the Lord their God; Knowest thou not that Egypt is destroyed? Whereupon Moses and Aaron were brought before Pharaoh, who said unto them, Go serve the Lord your God. And Isaiah 19. 11. to 16. Surely the Princes of Zoan are fools, the counsel of the wise Counselors of Pharaoh is become brutish: They have also seduced Egypt, even they that are the stay of the Tribes thereof. They then had an overruling power above their kings. So the great King of Nineveh, • onah 3. 7, 8, 9. proclaimed and published a general fast throughout the City, by the Decree of the King, and of his great men, making no public Laws, but by their advice and assents. In like manner we read in the 2 Sam. 5. 3, 4, 5. That the Princes of Hanun King of the Ammonites co • selled and overruled him ( out of overmuch suspicion ) to abuse David's messengers sent to him in love. And in the 1 Kings 22. 47. There was then no King in Edom, a Deputy was King; the kingdom appointing a Deputy then to rule them in stead of a king, and giving him royal authority: And in the 2 Kings 8. 22. 2 Chron. 21. 8. In the days of Joram, Edom revolted from under the hand of Judah (which had conquered it) and MADE A KING OVER THEMSELVES: and though Joram smote the Edomites, who encompassed him, yet they revolted from under the hand of Judah till this day: The electing and constituting of a king being in their own power. See Gen. 23. 3. to 20. and c. 34. 20. to 25. to like purpose.

These being all Pagan Kings and States, I come to the Israelites themselves; wherein for my more orderly proceeding, and refutation of the many gross erroneous Assertions of * Court Doctors and Royalists touching the estate and Sovereignty of their Kings, whom they would make the world believe to be absolute Monarchs, subject to no Laws, to derive all their royal authority from God alone, and no ways from the people; to be merely hereditary and elective, to be above all their people, irresistible in their Tyrannicall wicked proceedings, and no ways subject to their Realms and Congregations overruling control, much less to their defensive oppositition or deprivation; I shall digest the whole History of their Kings and Kingdoms Jurisdictions and power into these ensuing propositions, which I shall clearly make good out of Scripture, as I propound them in their order.

First, That the original Creation and Institution of the Israelites Kings and Kingdoms proceeded only from the power and authority of the people, and that solely by Divine permission, rather then institu • ion; This is most apparent by Deuter. 11. 14, 15. When thou art come unto the land which the Lord thy God giveth thee, and shall possess it and dwell therein, and shalt say, I WILL SET A KING OVER ME, like as ALL THE NATIONS THAT ARE ABOUT ME; THOU SHALT in any wise SET HIM KING OVER THEE, whom the Lord thy God shall choose; one from among thy brethren SHALT THOU SET OVER THEE, THOU MAIST NOT SET A STRANGER OVER THEE, which is not thy Brother. Where God himself by way of prophesy of what afterwards should come to pass, expressly declares, first, that the primary motion of changing the government of the Jew • from Judges and an Aristocracy into a Kingdom, should proceed from the people's inclination, as the words, and shalt say, I will set a King over me, &c. import. Secondly, that the authority to change the Government into a Regality, to creat and make a King, resided in, and the authority of the King proceeded merely from the people, as the words, I will set a King over me, Thou shalt set him over thee; (four times recited in two Verses;) manifest beyond dispute. Thirdly, that all Nations about them who had Kings, had the like power to create and make their kings, as the words, Like as all the Nations that are about me, witness. All which is evicently confirmed by Josephus, Antiqu. Iudaeorum, l. 4. c. 8. by Carolus Sigo • ius de Repub. Hebraeorum, l. 7. c. 3. Bertram, Cunaeus, Schikardus, and divers Commentators on this Text: The History of the change of their State into a Kingdom, and of their Judges into kings • added to this Prophesy and precept, will leave no place for any scruple. We read in the 1 Sam. 8. that the people growing weary of Samuel's government who judged them, by reason of the ill government of his sons, who took Bribes, and perverted judgment; thereupon ALL THE ELDERS OF ISRAEL GATHERED THEMSELVES TOGETHER, and came to Samuel unto Ramah, and said unto him, Behold, thou art old, and thy sons walk not in thy ways, now MAKE VS A KING TO IVDGE VS LIKE ALL THE NATIONS: But the thing displeased, Samuel, when they said, Give us a King to judge us; and Samuel prayed unto the Lord; And the Lord said unto Samuel, HEARKEN VNTO THE VOYCE OF THE PEOPLE IN ALL THAT THEY SAY VNTO THEE; for they have not rejected thee, but they have rejected me that I should not reign over them; According to all the works that they have done since the day that I brought them out of Egypt, even unto this day; wherewith they have forsaken me, and served other gods, so do they also unto thee: Now therefore hearken to their voice; howbeit, yet protest solemnly unto them, and show them the manner of the King that shall reign over them. And Samuel told all the words of the Lord unto the people that asked of him a King; and he said, This will be (not ought to be) the manner of the King that shall reign over you, he will take your sons, and appoint them for himself, &c. and ye shall be his servants▪ and ye shall cry out in that day because of YOVR KING WHICH YE SHALL HAVE CHOSEN YOU, and the Lord will not • ear you in that day. Nevertheless, the people refused to obey the voice of Samuel, and they said, Nay, BVT WE WILL HAVE A KING OVER VS, that we also may be like all the Nations, and that our King may judge us, and go out before us, and fight our battles. And Samuel heard all the words of the people, and rehearsed them in the ears of the Lord: And the Lord said unto Samuel, Hearken unto their voice, and make them a King. After which, when God had appointed Saul to be their King, Samuel called the people together unto the Lord in Mizpah, and recapitulating the great deliverances God had done for them, added, And ye have this day rejected your God, who himself saved you out of all your adversities and tribulations, and ye have said unto him, Nay, BVT SET A KING OVER VS, &c. And Samuel said unto all the people, See ye him whom the Lord hath chosen, that there is none like him among all the people? And all the people shouted and said, God save the King. After which he expostulated again with them thus, And when ye saw that Nahash King of the Children of Ammon came against you, ye said unto me, Nay, BVT A KING SHALL REIGN OVER VS, when the Lord was your King; Now therefore behold the KING WHOM YE HAVE CHOSEN, AND WHOM YE HAVE DESIRED, &c. that ye may perceive and see that your WICKEDNESSE is great which ye have done in the sight of the Lord, IN ASKING YOU A KING. And all the people said unto Samuel, Pray for thy servants unto the Lord thy God that we die not, for we have added unto all our sins this evil, TO ASK A KING. Which compared, with Hos. 13. 10, 11. I will be thy King, where is any other that may save thee in all thy Cities? and thy Judges of whom thou saidst, GIVE ME A KING AND PRINCES? I gave thee a King in mine anger, and took him away in my wrath: with Acts 13. 21. And afterward THEY DESIRED A KING, and God gave them Saul the son of Cis, by the space of forty years. All these concurring sacred Texts will infallibly demonstrate, that this change of the Judges into Kings, and the original creation of their Kings and kingdoms proceeded only from the importunity and authority of the people, who would not be gainsaid herein, not from God's institution, or Samuel's approbation, who censured and disavowed this their motion, though they at last condescended to it; all which is elegantly related, confirmed by Josephus, Antique. Iudaeorum, l. 6. c. 4, 5, 6, 7. By all this it is apparent, that the congregation and people of the Jews had the Sovereign power in themselves, as well as other Nations, because the authority to alter the whole frame of their former Aristocratical Government into a Monarchy, resided in them, though they were taxed forchanging it in Samuel's days, who had so justly, so uprightly judged them.

[ 2] Secondly, it is apparent, that the Judges and kings of the Israelites were not properly hereditary, but oft elective by the people: and though God did sometimes immediately nominate the persons of those that should reign over them, as is apparent by Saul, David, Jeroboam, Jehu, others; yet the people did constantly confirm, make them kings, and gave them their royal authority, none being made kings by Divine appointment, but such as they willingly accepted, approved, confirmed for their kings; God's previous designation being but a preparative to their voluntary free ( not restrained or limited ) election. The first king among the Israelites ( though but over part of them) was Abimelech the son of Ierubbaal, who was made king by the people's election, Judges, 9. 1, to 7. who having persuaded those of Shechem to elect him for their king, thereupon ALL THE MEN of Shechem gathered together, and ALL THE HOUSE of Millo went and MADE ABIMELECH KING: whence Jotham thus upbraided them and him, Verse 14. to 19: Then said all the trees unto the Bramble, come thou and reign over us: And the Bramble said unto the trees, If in truth ye anoint me king over you; then come and put your trust in my shadow, &c. Now therefore if ye have done truly and sincerely in that YE HAVE MADE Abimelech KING, &c And that ye have risen up against my fathers house this day, and have MADE Abimelech king, &c. We read Judge. 8▪ 21, 23. that after Gideon had slain Zebab and Zalmunna, with the Midianites, The men of Israel said unto Gideon, Rule thou over us, both thou and thy sons, and thy sons son also, for thou hast delivered us from the hand of Midia • . And Gideon said unto them, I will not rule over you, neither shall my son rule over you▪ the Lord shall rule over you. Where we clearly see, the power and right to elect a Ruler, and to limit the government to him and his Issue, for three Generations only, to reside in the people's free election. So Judges 10. 17, 18. and Chap. 11. 1. to 12. When the Children of Ammon were gathered together and encamped against Gilead, the people and Princes of Gilead said one to another, What man is he that will begin to fight against the children of Ammon, he shall be Head over all the Inhabitants of Gilead. And the Elders of Gilead went to fetch Jephthah out of the Land of Tob, and said unto him, Come and be our Captain that we may fight with the Children of Ammon, and be our Head over all the inhabitants of Gilead: Upon promise of which dignity, he went with them to Gilead; and THE PEOPLE MADE HIM HEAD AND CAPTAIN OVER THEM. That the election and making of their Kings belonged of right to all the people, is past dispute, being so resolved by God himself, Deuter. 17. 14, 15. When thou art come into the land, &c. and shalt say, I WILL SET A KING OVER ME, like as all the Nations that are about me, THOU shalt in any wise SET HIM KING OVER THEE whom the Lord thy God shall choose; one from among thy Brethren shalt THOU SET OVER THEE, THOU MAIST NOT SET A STRANGER OVER THEE: Where the power of creating and electing the King, is left wholly to the people's free choice, with these general restrictions, that he should be one of their brethren, not a stranger, and particularly qualified as is there expressed. And though God did sometime design and nominate their Kings, yet he left the power of approbation and ratification of them free to the people, as is apparent by 1 Sa. 8. 18. And ye shall cry in that day, because of the King WHICH YE SHALL HAVE CHOSEN you. Hence Saul their first King, though nominated and designed by God and Samuel, was yet approved, confirmed and made King by the People, Who shouted and said, God save the King, when Samuel presented him to them; 1 Sam. 10. 24. But the children of Belial despising and bringing him no presents, Verse 27. after Saul had conquered the Ammonites, who besieged Jabesh Gilead; The people said unto Samuel, who is he that said, Shall Saul R • ign over us? bring the men that we may put them to death. Then Saul said, There shall not a man be put to death this day; for this day the Lord ha • h wrought salvation in Israel. Then said Samuel to the people, Come let us go to Gilgal, and renew the Kingdom there. And ALL THE PEOPLE went to Gilgal, and there THEY MADE SAVL KING before the Lord in Gilgal: Where Samuel useth this speech to the people, concerning Saul, Now therefore behold THE KING WHOM YE HAVE CHOSEN, and whom Ye have desired, the Lordhath set a King over you: (so that the choice and election of him, was as well theirs as God's:) And Verse 25. he calls him Your King, because chosen and made by, as well as for the people.

Saul being slain by his own hands, the Crown descended not to his son by way of descent, but David succeeded him by God's designation, and the Peoples election too, by whose authority he was made and crowned king, being formerly anointed by Samuel to succeed Saul. This is irrefragable by the 2 Sam. 2. 4. Where David going up to Hebron by God's direction, the men of Judah came, and there They Anointed David King over the House of Judah. After which 2 Samuel. 5. 1. to 5. ALL THE TRIBES OF ISRAEL came to David to Hebron, and spake saying, Behold we are thy bone and thy flesh. Also in time past, when Saul was King over us, thou wast he that leddest out and broughtest in Israel; And the Lord said to thee: Thou shalt feed my people Israel, and thou shalt be a Captain over Israel. So AL THE ELDERS of Israel came to the King at Hebron, and King David made a League ( or Covenant ) with them before the Lord; and THEY ANNOINTED DAVID KING OVER ISRAEL. And in the 1 Chron. 12. 23. to 40. We have a particular recital of the numbers of the bands that were ready armed to the War, and came to David to Hebron to TVRN the Kingdom of Saul TO HIM; and came with a perfect heart to Hebron TO MAKE DAVID KING OVER ALL ISRAEL; and ALL THE REST also of Israel were OF ONE HEART TO MAKE DAVID KING: Whose title to the Crown being afterward▪ shaken by his son Absalom, who cunningly usurped it, (and that by the election of the people too; as is evident by Hushai his speech unto him, 2 Sam. 16. 18. Nay, but whom the Lord, and THIS PEOPLE, AND ALL THE MEN OF ISRAEL CHOOSE, his will I be, and with him I will abide, compared with 2. Sam. 29. 9, 10. And all THE PEOPLE were at strife thorough all the Tribes of Israel, saying; Absalom whom WE ANOINTED OVER VS is dead, &c. A clear evidence the kingdom was then held elective, and that the people had the Sovereign power of electing and creating their kings; ) all the people throughout all the Tribes of Israel and the men of Judah, to re-establish David in his Throne, being fled out of the Land, sent this Message to him; Return thou and all thy servants: Whereupon the King returned, and all the Tribes went as far as Jordan to meet and bring him back again to Gilgal.

David growing old, his son Adonijah, against his consent, accompanied with some great Officers and Courtiers of his party, usurped the Crown, and was by them saluted King; but David hearing of it, by God's election and choice, commanded Solomon (though not his eldest son) to be anointed and proclaimed King, and to sit upon his Throne in his life time: As soon as he was anointed and the Trumpet blew; ALL THE PEOPLE said, God save king Solomon. And ALL THE PEOPLE came up after him, and piped with fluits, and rejoiced with great joy, so that the earth rent with the sound of them; So that all Adonijah his company forthwith deserted him, and he and Joab were glad to flee to the horns of the Altar for shelter. After which, David assembled all the Princes of Israel, the Princes of the Tribes, the Captains of Companies, thousands and hundreds, the Stewards, Officers, and mighty men, with all the valiant men of his kingdom, to Jerusalem; then he declared to all the Congregation, that God had chosen Solomon to sit upon the Throne of the kingdom of the Lord over Israel, and to build him an house, &c. exhorting them to contribute liberally towards this building, which they did; and when they had blessed the Lord, and offered Sacrifices to him ALL THE CONGREGATION MADE Solomon the son of David KING THE SECOND TIME, AND ANOINTED HIM unto the Lord, TO BE THE CHIEFE GOVERNOVR (his first Coronation being but private without the presence and consent of the whole Realm, but of those only then present in Jerusalem: ) Then Solomon sat on the Throne of the Lord, as king, instead of David his Father, and ALL ISRAEL OBEYED HIM; and all the Princes, and mighty men, and likewise all the sons of David submitted themselves to him as their king: after he was thus generally elected and crowned king the 2. time by all the Congregation. And after David's death, he was established and strengthened in his kingdom by the people's voluntary admission and free submission to him. From which History of Solomon it is clear. 1. That though David caused Solomon to be first crowned King privately to prevent Adonijah his usurpation; yet he thought that title not sufficient without a second Election, admission, and Coronation of him by all the People and general Congregation. 2. That till this his second inauguration by all the people, he was not generally acknowledged, nor obeyed by all as their lawful king. 3. That God's and David's designation of Solomon to the Crown, did not take away the people's liberty, right and power, freely to nominate, make, and choose their kings; their preuious designation being thus accompanied with this tacit condition, that the people likewise should freely elect, constitute, and crown him for their king, else what need of this their subsequent concurrent acceptance and second coronation of him for their king, by all the congregation, if their consents and suffrages were not necessary? or how could he have reigned over them as their lawful king, had not the people generally chosen, accepted, admitted him for their Sovereign?

Solomon deceasing, Rehoboam his eldest son went up to Shechem: (what to do? not to claim the crown by descent from his Father, but by election from the people, as the following History manifests;) FOR ALL ISRAEL were come to Shechem TO MAKE HIM kING: if to make him king, then he was no king before they had made him, as many Divines most sottishly aver against the very letter of the Text and Josephus; (who writes, That it pleased the Assembly of the Israelites there held, that HEE SHOULD RECEIVE THE kINGDOM BY THE IEOPLES CONSENT.) And Jeroboam and ALL THE CONGREGATION OF ISRAEL came and spake unto Rehoboam, saying, Thy Father made our yoke grievous: now therefore make thou the grievous service of thy Father, and his heavy yoke which he put upon us lighter, AND WE WILL SERVE THEE: (because naturally subjects delight in mild Kings, who will somewhat descend from their altitudes, saith Josephus. ) This was the condition they propounded to him before they would accept him for their king, and upon this condition only would they admit him to reign over them; therefore doubtless the disposal of the Crown and limitation of the kings royal power resided in all the congregation, who had authority to prescribe their kings what equal and just conditions they pleased. And he said unto them, depart yet for three days, then come again to me; and the people departed. Hereupon Rehoboam consulted with the old men that stood before Solomon his Father, while he lived, and said, how do you advise that I may answer this people? And they spake unto him, saying; If thou wilt be A SERVANT unto this people this day, and wilt SERVE THEM and answer them, and speak good words to them THEN THEY WILL BE THY SERVANTS FOR EVER; But he forsook the Counsel of the old men, which they had given him, and consulted with the young men that were grown up with him, and which stood before him, and following their ill advise: when Jeroboam and all the People came to Rehoboam the third day, as he had appointed; the King answered the people roughly; and forsaking the old men's Counsel, he spake unto them after the Counsel of the young men, saying; My Father made your yoke heavy, and I will add to your yoke; my Father chastised you with whips, but I will chastise you with scorpions. Wherefore the King HEARKNED NOT UNTO THE PEOPLE, for the cause was from the Lord, &c. SO WHEN ALL ISRAEL SAW THAT THE KING HEARKNED NOT VNTO THE ME the People answered the King (through indegnation with one voice, writes Josephus, saying; What portion have we in David; NEITHER HAVE WEE INHERITANC) IN THE SONNE OF IESSE, (that is, we have not entailed our Subjection nor the inheritance of this our Realm to David and his seed forever, but are still free to elect what King we please;) to thy Tents O Israel. Now see to thine House, David: so Israel departed to their Tent • . But as for the children of Israel which dwelt in the Cities of Judah, Rehoboam reigned over them: (the Tribes of Judah and Benjamin CHOOSING HIM THEIR KING BY THEIR COMMON SVFFRAGES, writes Josephus.) Then King Rehoboam sent Adoram who was over the Tribute (to excuse saith Josephus, the petulancy of his young tongue, and to appease the minds of the enraged vulgar:) And all Israel stoned him with stones that he died: therefore King Rehoboam (imagining truly, that himself was stoned in his servant, and fearing lest the once conceived hatred should be poured out on his own head, tremblingly getting up into his chariot, as hastily as he could) made speed to flee to Jerusalem. S • Israel fell away from the house of David unto this day. And it came to pass when ALL ISRAEL heard that Jeroboam was come again, that they sent and called him unto the Congregation, AND MADE HIM KING OVER ALL ISRAEL▪ &c. (it being so preordained by God, 1 King. 12. 26. to 41.) Loe here the whole Congregation, or Parliament of Israel, if I may so style it, had full and free power to reject Rehoboam from the Crown, for refusing to subscribe to their conditions; to elect Jeroboam for their lawful King, and erect a new Kingdom of their own, divided ever after from that of Judah: which action I shall prove anon to be lawful, warranted by God's own divine authority, and no sin, nor rebellion at all in the People; who never admitted Rehoboam for, or submitted to him as their lawful Sovereign. So Jehu having slain King Joram, Ahab's eldest son, sent a Letter to Samaria where his other 70▪ sons were brought up, to the Rulers and Elders there, wishing them to lookout THE BEST AND MEETEST of their Masters sons, and set him on his Fathers throne, and fight for their Masters bouse: But they being exceedingly afraid, said; two Kings • old not stand before him, how then shall we stand? and sent word to Jehu, We are thy servants, and will do all that thou shalt bid us; WE WILL NOT MAKE ANY KING. A clear evidence that the kingdom was then elective, and that they had power to choose the meetest man (not eldest brother) for their king.

After this, Zimri slaying Baasha king of usrael, and usurping the Crown, the people then encamped about Gibbethon hearing of it, that Zimri had conspired and also slain the King; Wherefore ALL ISRAEL MADE OMRI Captain of the Host king over Israel that day in the Campe, who burat Zimri in his Palace: then were the People divided into two parts: half of the People followed Tibni to make him king, and half followed Omri: But the people that followed Omri prevailed against the people that followed Tibni; so Tibni died, and Omri Reigned, being made king only by the people's free election, without any divine designation. So Joash the son of Ahaziah, when Athaliah had usurped the Crown and kingdom of Judah near seven years space, was MADE KING, anointed and crowned by Jehoiadah the High Priest, the Captains of hundreds, and ALL THE PEOPLE OF THE LAND, (who rejoiced at it) when he was but 7. years old, and Athaliah was apprehended, deposed, and murdered by them as an Vsurpresse.

So Amaziah King of Judah being slain by a Conspiracie at Lachish, ALL THE PEOPLE OF IVDAH took Uzziah who was but 16. years old, and MADE HIM KING instead of his Father. Uzziah king of Judah being smitten with Leprosy unto the day of his death, dwelt in a several house, Jotham his son (in the mean time by common consent) was over this house, judging the people of the Land: Ammon king of Judah being slain by his own servants, the people of the Land slew all them that had conspired against Ammon: And THE PEOPLE OF THE LAND MADE Josiah his son King in his stead. And after Josiah his death, the PEOPLE OF THE LAND took Jehoahaz the son of Josiah and MADE HIM KING in his Fathers stead in Jerusalem. From all which sacred Texts and Presidents; as likewise from Hosea 8. 4. THEY HAVE SET VP KINGS, But not by me; THEY HAVE MADE PRINCES, and I knew it not; it is most apparent, that the kings of Israel and Judah, were usually elected by, and derived their Royal authority from the people, who made them kings, and received not their kingdoms and Crowns immediately from God himself by a divine right: which may be further conmed by the 1. Macab. 9. 28. 29. 30. After the death of Judas Maccabeus; all Judas his friends came unto Jonathan his brother, and said unto him, since thy brother Judas died, we have none like to him to go forth against our enemies: Now therefore WEE HAVE CHOSEN THEE this day TO BE OUR PRINCE and Captain in his stead, that thou mayest fight our battles. Upon this Jonathan took the Government on him at that time. After Jonathan's death, the People said unto Simon his brother with a loud voice, 1 Mac. 13. 8. 9. Thou shalt be our Leader instead of Judas, and Jonathan thy brother; fight thou our battles, and whatsoever thou commandest us, we will do. And the Jews and Priests were well pleased that Simon should be their Governor, Captain, and High Priest; and Simon accepted thereof, 1 Mac. 14. 41. to 49. Hence Carolus Sigonius de Repub. Hebraeorum, l. 7. c. 3. writes, That the kings of the Israelites were created by the Suffrages of the People; that the Kingdom of Israel was translated to divers Families for their idola • ry; that although the kingdom of Judah were in some sort hereditary, yet it was confirmed by the Suffrages of the People (which he proves by the example of Rehoboam and others) and that they obtained the Royal dignity not only by inheritance, but likewise by the Suffrages of the People, as everyone may clearly know, who shall but consider the Histories of their kings; Which plainly refutes the wild, impudent, false assertion of the Author of An Appeale to thy Conscience, newly published, p. 13. where thus he writes: Observable it is, that throughout the whole Scriptures we read not of Any King ( I doubt he never read the Scriptures, else he could not be so grossly mistaken) THAT WAS CHOSEN BY THE VOYCE OF THE PEOPLE: Nor of an Aristocracy, that is, where the Nobles govern, nor of a Democracy, that is where the people govern. And therefore let them consider how they can answer it at the last day, who shall endeavor to change an hereditary kingdom into an elective, or any other form of Government whatsoever: that the people do properly and absolutely make a king is false, &c. But had this illiterate ignoramus seriously perused the precedent or subsequent Texts here cited, with the best Commentators on them, or read over advisedly, Josh. 22. Judges 17. 6. c. 18. 1. c. 19. 1. c. 21. throughout; with the Books of Ezra, Nehemiah, Judges, Esther, Maccabees, the four Evangelists touching Christ's arraignment and death, Acts 4. 5. 22. 23. 24. and 25 chapters or consulted with Josephus, Philo, Paul Eber, Godwin, Cunaeus, • igonius, Bertrā, or any others who have written of the Jewish Antiquities or Republic, he could not have had the impudency to have published such gross untruths, and should have found not only divers kings in Scripture created by the voice of the people, but an hereditary kingdom oft changed into an elective, yea into an Aristocratical and no Royal government; and an Aristocracy and Democracy to, even among the Jews themselves, whose government before their kings: was merely Aristocratical, as Josephus Antiqu. Iud. l. 4. c. 8. Carolus Sigonius de Repub. Hebr. l. 1. c. 5. Cunaeus, S • hickardus, Bertram, Paul Eber, and all others that I have seen, except this Animal irrationale risibile, punctually determine, they having no kings of their own before Saul, nor any after Zedekiah. Therefore I shall spend no more waste paper to refute this palpable error, so confidently asserted by parisiticall Court Doctors, who make no conscience of writing any, though the grossest untruths, which may advance the absolute Sovereign Arbitrary tyrannical government of kings, to oppress and enslave the people.

[ 3] Thirdly, that the Kings of Judah and Israel were no absolute Sovereign Princes, but took their Crown with and upon such Divine conditions, for breach whereof they and their posterities were oft times by God's command, just judgment, and special approbation deposed, disinherited, destroyed, and the Crown translated to other families.

This is evident by direct Scriptures, Deuter. 17. 14. to the end. Thou shalt in any wise set him King over thee whom the Lord thy God shalt choose; one from among thy Brethren shalt thou set King over thee; thou mayest not set a stranger over thee, which is not thy Brother. Here is an express limitation and condition in respect of the person of the King; the conditions in regard of his royal administration follow, which are partly Negative, partly positive, But he shall not multiply Horses to himself, nor cause the the people to return to Egypt, &c. Neither shall he multiply wives to himself, that his heart turn not away; neither shall he greatly multiply to himself silver and gold. And it shall be when he sitteth on the throne of his Kingdom, that he shall write him a Copy of this Law in a Book, out of that which is before the Priests the Levites; and it shall be with him, and he shall read therein all the days of his life, that he may learn to fear the Lord his God, to keep all the words of this Law, and these Statutes to do them; That his heart be not lifted up above his brethren, and that he turn not aside from the Commandment to the right hand or to the left, to the end that he may prolong his days in his Kingdom, he and his children in the midst of Israel. Here all the kings of the Israelites when their kingdoms should be erected, are strictly bound by God himself to negative and positive conditions, upon performance whereof, they and their children should prolong their days in the kingdom, and perpetuate their thrones in the midst of Israel, and upon breach whereof they and their posterity should lose both their lives and kingdom to; as the last clause insinuates, and the subsequent Texts in direct terms aver. But what if the king should violate these conditions, might the people lawfully resist him? Josephus in his paraphrase on this very text, which I shall cite at large, resolves they might; Truly the government of the best me • (or Aristocratical government) is best; and to live in a Republic thus administered, nor is there cause why you should desire any other kind of government, but it is best, that contenting y •• rselves with this, you continue with in the power of your Laws and of yourselves: But if the desire of a king shall possess you, let there be none unless he be of your stock, and blood, and one to whom justice, with other virtues, are cordial: He whosoever he shall be, let him attribute more to the laws and unto God, than to his own wisdom, AND LET HIM DO NOTHING WITHOUT THE HIGH PRIESTS AND S • NATES ADVICE; neither may he nourish many wives, nor possess very much money, and many Horses, with the plenty of which things he may easily become a contemner of the laws; and if he shall addict himself to these things more then is meet, OBSTANDVM EST, ne potentior fiat quamrebus vestris expedit, HE IS TO BE RESISTED, lest he become more potent then is expedient for your affairs: So he. Yea Zwingli with B. Bilson expressly resolve, that the people were bound to resist, question and depose their kings for their idolatry, and breach of these conditions; and that God himself justly punished them for Manasseh sins and wickedness, because they resisted and punished him not for them, as they were obliged to do; as I have elsewhere manifested, to which I shall refer you.

This condition most clearly appears in other Texts; as in the 1 Sam. 12, 13, 14, 15, 25. Where when Saul the first king of the Israelites was crowned at their earnest importunity, against God's and Samuel's approbation, Samuel used these speeches to them, Now thereforebehold the King whom ye have chosen, and whom ye have desired, &c. If ye will fear the Lord and serve him, and obey his voice, and not rebel against the commandment of the Lord, then shall both ye and also the King that reigneth over you continue following the Lord your God. But if ye will not obey the voice of the Lord, but will rebel against the voice of the Lord, then shall the hand of the Lord be against you, as it was against your fathers, &c. But IF ye shall do wickedly, ye shall be consumed both ye and your King. After this Saul being distressed by the Philistines, weary of staying for Samuel, and presuming to offer sacrifice without him, hereupon Samuel said to Saul, Thou hast done foolishly, for thou hast not kept the Commandment of the Lord thy God, which he commanded thee, for now would the Lord have established thy kingdom upon Israel forever; but NOW THY KINGDOM SHALL NOT CONTINVE, for the Lord hath chosen him a man after his own heart, and the Lord hath commanded him to be captain over his people, BECAUSE THOU HAST NOT KEPT THAT WHICH THE LORD COMMANDED THEE. Lo here the breach of God's conditions by king Saul, forfeited his Kingdom, and disinherited his posterity of it. So when he performed not God's command, in utterly destroying Amalck, sparing Agag and the best of the things; Samuel sharply reprehending him for this offense, said unto him, Behold, to obey is better then sacrifice, and to hearken than the fat of Rams; for Rebellion (namely, king Saul's rebellion against God's command, not subjects rebellion against their Prince, not so much as once dreamed off in this Text as Court Doctors grossly mistake, a • d so miserably pervert this Scripture contrary to the sense and meaning, translating it from kings to subjects, from king rebellion against God, to subjects rebellion against men)