most worthie successour after this depriuation I will derogate nothing from his worthinesse but there was neuer king in England who without concurrent in the title of the crowne did draw more bloud out of the sides of his subiects Your second example is of king Edward the second whom many of our histories report to bee of a good and courteous nature and not vnlearned imputing his defectes rather to Fortune then either to counsell or carriage of his affaires His deposition was a violent furie led by a vvife both cruell vnchast can with no better countenance of right be iustified then may his lamentable both indignities and death vvhich therupon did ensue And although the nobilitie by submitting thēselues to the gouerment of his sonne did breake those occasions of wars which doe vsually rise vpon such disorders yet did not the hand of God forget to pursue reuenge For albeit king Edward his son enioyed both a long prosperous raign yet his next successor king Richard the second vvas in the like violent manner imprisoned depriued put to death I will prosecute the successiue reuenge which heereof also ensued being a strange matter worthie to be rung into the eares of all ages King Henry the fourth by whom king Richard was deposed did exercise the chiefest acts of his raigne in executing those who conspired with him against king Richard His son had his vertue well seconded by felicity during whose raigne by meanes of the wars in France the humour against him was otherwise imployed spent but his next successor king Henry the sixth was in the very like manner depriued together with his yong son Edward imprisoned and put to death by king Edward the fourth This Edward died not without suspiciō of poison after his death his two sons were in like maner disinherited imprisoned murthered by their cruell vnkle the duke of Glocester who being both a tyrant and vsurper was iustly encountred and slaine by king Henry the seauenth in the field So infallible is the law of iustice in reuenging cruelties and wrongs not alwaies obseruing the presence of times wherein they are done but often calling them into reckoning whē the offenders retaine least memorie of them Likewise the deposition of king Richard the second was a tempestuous rage neither led nor restrained by any rules of reason or of state not sodainely raised and at once but by very cunning and artificiall degrees But examine his actions vvithout distempred iudgement you will not condemne him to be exceeding either insufficient or euill weigh the imputations that were obiected against him and you shall find nothing either of any truth or of great moment Hollingshead writeth that he was most vnthankfully vsed by his subiects for although through the frailtie of his youth he demeaned himselfe more dissolutely then was agreeable to the royaltie of his estate yet in no kings daies the commons were in greater wealth the Nobilitie more honoured and the Clergie lesse wronged vvho notwithstanding in the euill guided strength of their will tooke head against him to their owne headlong destruction afterward partly during the raign of king Henry his next successor whose greatest atchiuements were against his owne people but more especially in succeeding times whē vpon occasiō of this disorder more english bloud was spent thē was in all the forren wars which had ben since the cōquest Three causes are commonly insinuated by you for which a king may be deposed tyranny insufficiencie impietie but what prince could hold his state what people their quiet assured if this your doctrine should take place how many good princes doth enuie brand with one of these markes what action of state can be so ordred that either blind ignorance or set mallice wil not easely straine to one of these heads euery execution of iustice euery demand of tribute or supply shall be claimed tyrannie euery infortunate euent shall be exclaimed insufficiencie euery kind of religion shall by them of another sect be proclaimed impietie So dangerous it is to permit this high power to a heedlesse and headlesse multitude who measure things not by reason and iustice but either by opinion which commonly is partiall or else by report which vsually is full of vncertainties and errors the most part doing because others doe all easie to become slauish to any mans ambitious attempt So dangerous it is to open our eares to euery foolish Phaetō who vndertaking to guid the chariot of the Sun will soone cast the whole earth into combustion You proceede that king Henry the sixth was also deposed for defectes in gouernment Let vs yeeld a little to you that you may bee deceiued a little that you may be carried by your affections how can you excuse these open vntruthes wherein it cannot bee but the diuell hath a finger you cannot bee ignorant that the onely cause which drevv the familie of Yorke into armes against king Henry vvas the title which they had vnto the crowne by vertue whereof it vvas first enacted that Richard duke of Yorke should succeed king Henry after his death but for that hee made vnseasonable attempts he was declared by parlament incapable of succession and afterwards slaine at the battaile of wakefield Then Edward his sonne prosecuting the enterprise hauing vanquished king Henry at the battaile of S. Albons obtained possession of the state caused king Henrye to be deposed and himselfe to be proclaimed crowned king Afterward he vvas chased out of the realme and by act of parlament both depriued and disabled from the crowne Lastly he returned againe and depriued king Henrye both from gouernment from life It is true that some defects vvere obiected against king Henry but this was to estrāge the harts of the peple frō him The main cause of the war did proceed frō the right of the one partie possessiō of the other The contrarietie of the acts of parlament vvas caused by the alternatiue victories of them both Your last example is of king Richard the third of vvhom you vvright First that although he sinned in murthering his Nephewes yet after their death hee vvas lawfull king Secondly that he was deposed by the common wealth who called out of France Henry earle of Richmond to put him downe Philosophers say that dreames doe commonly arise by a reflection of the phantasie vpon some subiect wherof we haue meditated the daie before It may be y◠your drowsie conceit vvas here cast into a dreame of that vvheron it had dozed in all this chapter Or at the best that you are like vnto those vvho haue so often tould a lie that they perswade themselues it is true King Edward the fourth left other children besides those that were murthered the duke of Clarence also vvho vvas elder brother to king Richard lest issue in life all vvhich had precedence of right before him And as for the second point tell mee I pray you by vvhat
allowe for a iust and sufficient cause the will iudgement of the people Your reason is for that they are the iudge of the thing it selfe and therefore they are the iudge also of the cause Your antecedent you proue First for that it is in their owne affaire secondly for that it is in a matter that hath his whole beginning continuance and substance from them alone Your cōsequence you proue by a whole lump of lawe in alleaging the entire bodie of the ciuil and Canon lawe assisted also with great reason Diogenes said of a certain Tumbler that he neuer sawe man take more paines to breake his necke In like sort we may say of you It is hard to finde a man that hath more busied his wittes to ouerthrow the opiniō of his wisedome For the first proofe of your antecedēt is not only of no force for you but strong against you because no man is a competent iudge in his owne cause no man can bee both partie and iudge whereto I wil adde that no inferiour hath iurisdiction ouer the superiour much lesse the subiect against the Soueraigne Your second proofe that all the power of a King hath dependency vpon the people I haue sufficiently encountred before And if your consequence were true that whosoeuer is iudge of a thing is iudg also without controwlment of the cause if this were as agreeable to all lawes as you make countenance then were all iudgements arbitrarie then could no appeale be enterposed for giuing sentence without iust cause then were it false which Panormitane writeth that a false cause expressed in a sentence maketh it voide What shall I say what doe you thinke doe you think that these fat drops of a greasie brain can bring the tenure of a crown to the wil of the people what are you who endeuour thus boldly to abuse both our iudgement conscience Are you religious are you of ciuil either nature or education who vnder the name of Ciuilian do open the way to all maner of deceits periuries tumults treasons What are you For you shewe your selfe more prophane then Infidels more barbarous then Caniballs Tartarians Moores Mammelucks who though they beare themselues in nothing more then hatred and cōtempt yet do they both loue honor their kings I see what you are the very true follower of the Anabaptists in Garmanie who openly professed that they must ruinate the state of kings And who can assure vs for your corrupt dealing make all suspitions credible that you doe not also follow them both in desire and hope to imbrace the Monarchy of the whole world The difference betweene you is this they pretended reuelation for their warrant you worke by deceitfull shewe of reason by falsly either alleaging or wresting or corrupting both humane and diuine authoritie In what miserable condition should Princes liue if their slate depended vpon the pleasure of the people in whom company taketh away shame and euery man may laie the fault on his fellow How could they commaund who would obey what could they safely either doe or omit Who knowes a people that knoweth not that suddain opinion maketh them hope which if it be not presently answered they fall into hate choosing and refusing erecting and ouerthrowing as euery winde of passion doth puffe What staiednesse in their will or desire which hauing so many circles of imagination can neuer be enclosed in one point And whereas you write that God alwaies approueth the will and iudgement of the people as being properly the iudge of the whole businesse and that euery particular man must simply submit himselfe therevnto without further inquisition although at diuers times they determine contraries as they did betweene the houses of Lancaster and Yorke because we must presume that they were ledde by different respects You seeme not obscurely to erect thereby another priuiledged power vppon earth which cannot erre which doth not deceiue But it may be some honest minded man will say that howsoeuer you write your meaning was otherwise you write also afterward that in two cases euery priuate man is bounde to resist the iudgement of the whole people to the vttermost extent of his abilitie Well then let vs take you for a man whose sayings disagree both from your meaning and betweene themselues let vs consider what are your two exceptions The first is when the matter is carried not by way of orderly iudgement but by particular faction of priuate men who will make offer to determine the cause without authoritie of the Realme committed vnto them But this exception is so large that it deuoureth the whole rule for in actions of this qualitie the originall is alwaies by faction the accomplishment by force or at least by feare howsoeuer they are sometimes countenanced with authoritie of the state So Sylla hauing brought his legions within the walles of Rome obteined the lawe Valeria to be published whereby he was created Dictator for 24. yeares by meanes of which force Cicero affirmeth that it was no lawe Likewise Lawrence Medices hauing an armie within Florence caused or rather constrained the Citizens to elect him Duke When Henry the fourth was chosen king ho held fortie thousand men in Armes And this is most euident by your owne example of foure contrary actes of Parliament which at diuers times were made during the contention betweene the families of Lancastar and Yorke not vpon different reasons as with little reason you affirme but vpon different successe of either side In matters of this moment the orderly course of proceeding is onely by Parliament The Parliament must bee summoned by the Kings vvrit and no act thereof hath life But by expresse consent of the King If this forme had alvvayes beene obserued neyther our Kinges should haue beene deposed nor the next successours excluded nor the title of the crowne entangled to the inestimable both weakning waste of all the Realme Your second exceptiō is when such a man is preferred to the crowne by whō God is manifestly offended the realme preiudiced or endangered in which case you say euery man with a free and vntrowled conscience may resist what he can It was euen here I looked for you Your broyling spirits do nothing else but fling firebrands heape on wood to set kingdomes in combustiō What rebellion what reuolt hath euer bin made but vnder some of these pretenses what Princes actions either by malicious or ignorant interpretation may not easily be drawen to one of these heades you are a nursery of war in the common-wealth a Seminary of schisme diuisiō in the church In sum all your actions all your thoughts are barbarous bloody You write much of right iustice but you measure the right iustice of a cause by the aduantage of your owne affaires You speak as hauing a tender touch of the glorie of God but you stretch out your throate with high wordes of contradiction against him You
annointing from France Well let the ceremonie be taken from whence you please if the oath be no other then you do specifie To obserue peace honour and reuerence vnto Almighty God to his Church and to the Ministers of the same to administer Law and Iustice equally to all to abrogate euill lawes and customes and maintaine good which was the oath of king Richard the first the like whereto was that of king Iohn altered only in the first branch To loue and defend the Catholicke Church If the oath be no other I say I do not see what other answer you need to expect but that it is onely a free royall promise to discharge that duty which God doth impose And this is plainely declared by the speech which you alleage of Thomas Arundell Archbishop of Canterbury to king Henry the fourth Remember saith he the oath which voluntarily you made voluntarily he sayd and not necessarily it was voluntary in oath but necessary in duty That which you report also that Thomas Becket did write vnto king Henry the second importeth nothing else but an acknowledgement of duty Remember said he the confession which you made I cannot omit your description of the manner of the Coronation in England First you say the king i◠sworne then the Archbishop declareth to the people what he hath sworne and demaundeth if they be content to submit themselues vnto him vnder those conditions whereunto they consenting he putteth on the royall ornaments and then addeth the words of commission Stand and hold thy place and keepe thy oath And thus you haue hammered out a formall election supposing that you draw together the peeces of falshood so close that no man can perceiue the seame The truth is that king Henry the fourth being not the nearest in bloud to the inheritance of the crowne did countenance his violence with the election of the people not at his Coronation but in a Parliament that was holden before And therefore you do impudently abuse vs First in ioyning them together as one act Secondly by falsifying diuerse points in both Lastly by insinuating that the same order was obserued by other kings The points which you falsifie are these The interrogation of the Archbishop to the people the absurd straining of these words Stand hold thy place to be a Commission the alleaging also out of Stow 1. That the Archbishop did reade vnto the people what the King was bound vnto by oath 2. That the Earle of Northumberland did shew a ring vnto the people that they might thereby see the band whereby the king was bound vnto them 3. That the king did pray that he might obserue his promise In which composition of conceits you shew how actiue you are in counterfaiting any thing that may make to your purpose perswading your selfe that it is no fraud vnto God to deceiue the world in a lye for aduantage King Edward the fourth also because his right was litigious another was in possession of the crowne strengthened or rather countenanced his title with the approbation of the people But where you write that at the Coronation of King Edward the sixth Queene Mary and Queene Elizabeth the consent and acceptation of the people was demanded First we haue no cause to credite any thing that you say then although it be true yet not being done in Parliament it addeth no right vnto the Prince but is only a formality a circumstance only of ceremony and order Hereupon you conclude that a king hath his authority by agreement and contract betweene him the people insinuating thereby that he looseth the same if he either violate or neglect his word The contrary opinion that only succession of bloud maketh a king that the cōsent of the people is nothing necessary you affirme to be absurd base and impious an vnlearned fond and wicked assertion in flattery of Princes to the manifest ruine of common-wealths and peruerting of all law order and reason I did alwayes foresee that your impostumed stomacke would belch forth some loathsome matter But whosoeuer shall compare this confident conclusion with the proofes that you haue made he will rather iudge you mad then vnwise This bold blast vpon grounds that are both foolish and false bewrayeth rather want then weaknesse of wits I am ashamed I should offer any further speech in so euident a truth but since I haue vndertaken to combate an herisie since the matter is of so great consequence import I purpose once againe to giue you a gorge Learne then heauy-headed Cloisterer vnable to mannage these mysteries of State Learne of me I say for I owe this duty to all Christians the Prophets the Apostles Christ himselfe hath taught vs to be obedient to Princes though both tyrants and infidels This ought to stand with vs for a thousand reasons to submit our selues to such kings as it pleaseth God to send vnto vs without either iudging or examining their qualities Their hearts are in Gods hand they do his seruice sometimes in preseruing sometimes in punishing vs they execute his iudgement both wayes in the same measure which he doth prescribe If they abuse any part of their power we do not excuse we do not extenuate it we do not exempt them from their punishment let them looke vnto it let them assuredly expect that God will dart his vengeance against thē with a most stiffe and dreadfull arme In the meane season we must not oppose our selues otherwise then by humble sutes and prayers acknowledging that those euils are alwayes iust for vs to suffer which are many times vniust for them to do If we do otherwise if we breake into tumult and disorder we resemble those Giants of whom the Poets write who making offer to scale the skies and to pul Iupiter out of his throne were ouerwhelmed in a moment with the mountaines which they had heaped together Beleeue it Cloisterer or aske any man who is both honest and wise and he will tell you It is a rule in reason a triall in experience an authority confirmed by the best that rebellion produceth more horrible effects then either the tyranny or insufficiency of any Prince To the sixth Chapter whereof the title is What is due to onely succession by birth and what interest or right an Heire apparant hath to the Crowne before he is crowned or admitted by the commonwealth and how iustly he may be put backe if he hath not the partes requisite YOV begin after your manner with a carreir against Billay but because both I haue not seene what he hath written and dare not credite what you report I will not set in foote betweene you In breaking from this you preferre succession of Princes before free election as well for other respects as for the preeminence of auncetrie in birth which is so much priuiledged in the Scripture and yet not made so inuiolable you say but vpon iust causes it might be inuerted as it appeareth by the examples of
butcherie of Henry late king of Fraunce an heroicall act and a gift of the holy Ghost Whence did he write of the king who now there raigneth If without armes he cannot be deposed let men take armes against him if by warre it cannot be accomplished let him bee murthered Whence did Ambrose Verade rector of the colledge of the Iesuits in Paris animate Barriers as he confessed to sheath his knife in the kings breast assuring him by the liuing God that he could not execute anie act more meritorious Whence did the commenter vpon the epitome of Confessions otherwise the seuenth booke of decretals commend all the Iesuits in these termes They set vpon tyrants they pull the cockle out of the Lords field It is a rule in nature that one contrarie is manifested by the other Let vs compare then your boisterous doctrine with that of the Apostles and ancient Fathers of the Church and we shall find that the one is like the rough spirit which hurled the heard of swine headlong into the sea the other like the stil soft spirit which talked with Elias Neither was the diuel euer able vntil in late declining times to possesse the hearts of Christians with these cursed opinions which doe euermore beget a world of murthers rapes ruines desolations For tel me what if the prince whom you perswade the people they haue power to depose be able to make maintaine his partie as K. Iohn and king Henry the third did against their Barons What if other princes whom it doth concerne as wel in honor to see the law of Nations obserued as also in policie to breake those proceedings which may form precedents against themselues do adioin to the side what if whilest the prince and the people are as was the frog and the mouse in the heate of their encounter some other potentate play the kite with them both as the Turke did with the Hungarians Is it not then a fine peece of policie which you doe plotte or is it not a grosse errour to raise these daungers and to leaue the defence to possibilities doubtfull Goe too Sirs goe too there is no christian country which hath not by your deuises ben wrapped in warres You haue set the empire on swim with bloud your fires in France are not ye extinguished in Polonia all those large countries extending from the north to the east you haue caused of late more battels to be fought then had ben in 500 yeers before Your practises haue heeretofore preuailed against vs of late yeers you haue busied your selues in no one thing more then how to set other christian princes on our necks stirring vp such store of enemies against vs as like the grashoppers of Egipt might fill our houses and couer our whole land and make more doubt of roome then of resistance Our owne people also you haue prouoked to vnnaturall attempts you haue exposed our country as a pray to them that will either inuade or betray it supposing belike that you play Christs part well when you may say as Christ did thinke not that I came to send peace I came not to send peace but a sword But when by the power prouideÌ„ce of God all these attempts haue rather shewen what good hearts you beare towards vs then done vs any great harme when in all these practises you haue missed the mark now you do take another â—ime now hauing no hope by extremitie of armes you indeuour to execute your mallice by giuing dangerous aduise Now you goe about to entangle vs with titles which is the greatest miserie that can â—all vpon a state You pretend faire shewes of libertie of power Sed timeo Danaos donâ— ferentes Wee cannot but suspect the courtesies of our enemies the power which you giue vs will pull vs downe the libertie whereof you speake will fetter vs in bondage When Themistocles came to the Persian court Artabâ—nus captaine of the guard knowing that hee would vse no ceremonie to their king kept him out of presence and said vnto him you Grecians esteeme vs barbarous for honouring our kings but we Persians esteeme it the greatest honour to vs that can be The like answere will we frame vnto you you Iesuits account it a bondage to be obedient vnto kings but wee Christians account it the greatest meanes for our continuance both free and safe To the third Chapter which is intitledOf the great reuerence and respect due to kings and yet how diuers of them haue ben lawfully chastised by their common wealthes for their misgouernment of the good prosperous successe that God commonly hath giuen to the same and much more to the putting back of an vnworthie pretender THat princes may bee chastised by their subiects your proofes are two one is drawen from certaine examples the other from the good successe and successors which vsuallie haue followed Surely it cannot be but that you stand in a strong conceite either of the authoritie of your woord or simplicitie of our iudgement otherwise you could not bee perswaded by these slender threds to draw any man to your opinion Of the force of examples I haue spoken before there is no villanie so vile which vvanteth example And yet most of the examples which you doe bring are either false or else impertinent For there haue beene diuers states wherein one hath borne the name title of king without power of Maiestie As the Romanes in the time of their consulate estate had alwaies a priest whom they entitled king whose office consisted in certaine ceremonies sacrifices which in former times could not be performed but by their kings Likewise the Lacedaemonians after Licurgus had formed their gouernment retained two kings who had no greater stroke in matters of state then a single voice as other Senators Such were in Caesars time many pettie kings of Gaule who as Ambiorix king of Leige confessed were subiect to their Nobilitie iusticeable by them Such are now the Emperours of Almaine because the puissance Maiestie of the empire pertaineth to the states who are sworne to the empire it selfe and not to the person of the Emperour Such are also the Dukes of Venice the soueraignetie of vvhich state is setled in the gentlemen In these and such like gouernments the Prince is not soueraigne but subiect to that part of the common wealth which retaineth the royaltie and maiestie of state whether it be the Nobilitie or common people and therefore your examples drawen from them is nothing to our purpose Concerning successe it cannot bee strange vnto you that by the secret yet iust iudgement of God diuers euill actions are carried with apparance of good successe The Prophet Dauid said that his treadings had almost slipt by seeing the wicked to flourish in prosperitie the prophet Ieremiah seemed also to stagger vpon this point it hath alwaies ben a dangerous stone in the way of the godly whereat manie
parlament vvas king Richard deposed vvher did the states assemble vvhen did they send for the earle of Richmond to put him down by what decree by vvhat messengers Ther is no answer to be made but one and that is to confesse ingenuously that you say vntrue that it is your vsuall manner of deceiuing to impute the act of a few vnto all to make euerie euent of armes to be a iudicial proceeding of the common wealth For it is manifest that the earle of Richmond had his first streÌ„gth from the king of France that after his discent into England more by halfe both of the nobilitie common people did stand for king Richard then stirre against him You adioyne for a speciall consideration that most excellent princes succeeded these vvhom you affirme to be deposed I vvill nor extenuate the excellencie of any Prince but I hould it more vvorthie to be considered that these disorders spent England a sea of bloud In the ende you conclude that all these depriuations of Princes vvere lawfull Nay by your fauour if you sweat out your braines you shall neuer euince that a fact is lawfull beecause it is done Yes you say for othervvise two great inconueniences vvould follow one that the actes of those that vvere put in their place should be voide and vniust the other that none vvho now pretend to these Crownes could haue any tytle â—or that they descend from them vvho succeeded those that were depriued You deserue now to be basted with words vvell stiped in vineger and salt but I will be more charitable vnto you and leaue bad speaches to black mouthes For the first the possession of the crowne purgeth all defects and maketh good the actes of him that is in authoritie although he vvanteth both capacitie and right And this doth Vlpian expressely determine vpon respect as he saith to the common good For the other point the successors of an vsurper by course and compasse of time may prescribe a right if they vvho haue receiued wrong discontinue both pursuit and claime Pâ—normitane saith Successor in dignitate potest praescribere non abstante vitio sui praedecessor is A successor in dignitie may prescribe notwithstaÌ„ding the fault of his predecessor otherwise causes of vvar should be immortall and titles perpetually remaine vncertaine Now then for summarie collection of all that you haue saide your protestations are good your proofes light and loose your conclusions both dangerous false The first doth sauour of God the second of man the third of the diuell To the fourth Chapter which beareth tytle Wherein consisteth principally the lawfulnesse of proceeding against Princes which in the former Chapter is mencioned What interest Princes haue in their subiects goods or liues How oathes doe binde or may bee broken of subiects towards their Princes and finally the difference betweene a good king and a tyrant HEere you cloase with Billaye vpon two points first vvhether a king is subiect to any law Secondly whether all temporalities are in proprietie the Kings but because these questions doe little perteine to our principall controuersie I vvill not make any stay vpon them it suffiseth that vve may say vvith Seneca Omnia rex imperio possidet singuli domino The king hath empire euery man his particular proprietie in all things After this you proceede further to make good that the Princes before mencioned vvere lawfully deposed and that by all law both diuine and humane naturall nationall and positiue Your cause is so badd that you haue need to set a bould countenance vpon it But what deuine lawes doe you alleage You haue largely beefore declared you saye that GOD doth approoue the forme of gouernmeÌ„t vvhich euery common wealth doth choose as also the conditions and statutes which it doth appoint vnto her prince I must now take you for a naturall lyer when you wil not forbeare to bely your selfe you neuer proued any such matter the contrary is euident that sometimes entire gouernments often customes statutes of state very commonly accidentall actioÌ„s are so vnnaturall vniust that otherwise then for a punishment and curse wee cannot say that God doth approue theÌ„ We haue often heard that the Church cannot erre in matters of Faith but that in matter of gouerment a coÌ„mon wealth cannot erre it was neuer I assure my selfe published before But let vs suppose supposall is free that God alloweth that forme of gouernment which euery common wealth doth choose doth it therfore follow that by all deuine lawes princes may be deposed by their subiects these broken peeces will neuer bee squared to forme strong argument But wherefore doe not you produce the deuine canons of scripture surely they abhorre to speake one word in your behalfe yea they doe giue expresse sentence against you as I haue shewed before Well let this passe among your least escapes in making God either the author or aider of rebellioÌ„ you alledge no other humane law but that princes are subiect vnto law and order I vvill not denie but ther is a duty for princes to performe but how proue you that their subiects haue power to depose them if they faile In this manner As the common vvealth gaue them their authoritie for the common good so it may also take the same away if they abbuse it But I haue manifested before both that the people may so graunt away their authoritie that they cannot resumeâ—t also that few princes in yâ— world hold their state by graunt of the people I will neuer heereafter esteeme a mans valure by his voice Your braue boast of all lawes diuine humane naturall nationall and positiue is disolued into smoake you busie your selfe as the Poets wright of Morpheus in presenting shadowes to men a sleepe But the chiefest reason you say the very ground and foundation of all Soft what reason what ground if you haue alreadie made proofe by all lawes humane and deuine naturall nationall and positiue what better reason what surer ground will you bring Tush these interruptions The chiefest reason you say the very ground and foundation of all is that the common wealth is superiour to the prince and that the authoritie which the prince hath is not absolute but by the way of mandate and commission from the common wealth This is that which I expected all this time you haue hetherto approached by stealing steps you are now come cloase to the wall do but mount into credit and the fort is your owne You affirmed at the first that princes might be deposed for disabilitie then for misgouernmenâ— now vpon pleasure and at will For they who haue giuen authoritie by coÌ„mission doe alwaies retaine more then they graunt are not excluded either froÌ„ commanding or iudging by way of preuention concurrence or evocation euen in those cases which they haue giuen in charge The reason is declared by Vlpian because hee to whom iurisdiction is committed
kingdome of Persia was setled in succession when Darius the King had foure sonnes Artaxerxes the eldest Cyrus the next and two other Parysatis his wife hauing a desire that Cyrus should succeede in the kingdome pressed in his behalfe the same reason wherewith Xerxes had preuailed before affirming that shee had brought forth Artaxerxes to Darius when hee was a priuate man but Cyrus when he was a king Yet Plutarch writeth that the reason which shee vsed was nothing probable and that the eldest was designed to be King Howsoeuer the right stoode betweene Robert Duke of Normandie and his younger brothers the facte did not stande eyther with the quiet or safetie of the Realme For during the raigne of VVilliam Rufus it was often infested vpon this quarell both with forren armes and ciuill seditions which possessed all places with disorder and many also with fire rapine and bloud the principall effects of a liâ—entious warre These mischiefes not onely continued but encreased in the raigne of King Henry vntill Robert the eldest brother was taken prisoner in the fielde which put a period to all his attempts So dangerous it is vpon any pretence to put bye the next in succession to the crowne This Henry the first left but one daughter and by her a young sonne named Henry to whom hee appoynted the succession of the Realme and tooke an oath of all the Bishops and likewise of the Nobilitie to remaine faithfull vnto them after his decease Yet you write that because Stephen sonne of Adela sister to King Henry was thought by the states more fit to gouerne he was by them admitted to the Crowne In which assertion you cannot be deceiued you do not erre but your passion doth pull you from your owne knowledge and iudgement Polydore writeth that hee possessed the kingdome contrary to his oath for which cause the mindes of all men were exceedingly mooued some did abhorre and detest the impietie others and those very fewe vnmindefull of periurie did more boldely then honestly allowe it and followed his part Further he saith that he was crowned at Westminster in an assembly of those noble men who were his friendes Nubrigensis affirmeth that violating his oath hee inuaded the kingdome William Malmesburie who liued in King Stephens time saith that he was the first of all lay men next the King of Scots who had made oath to the Empresse Mawde and that he was crowned three Bishops being present of whom one was his brother no Abbot and a very fewe of the Nobilitie Henry Huntington who liued also in the same time saith that by force and impudencie tempting God he inuaded the Crowne Afterward he reporteth that being desirous to haue his sonne Eustace crowned king with him the Bishops withstood it vpon commaundement from the Pope because hee tooke vpoÌ„ him the kingdom against his oath Roger Houeden writeth that he inuaded the Crowne in manner of a tempest This is the report of those writers who came nearest both to the time and truth of this action whom other Authors do likewise follow Polydore and after him Hollingshead do write that he tooke vpon him the Crowne partly vpon confidence in the power of Theobald his brother Earle of Blois and partly by the aid of Hen. his other brother Bishop of Winchester Walsinghame addeth that Hugh Bigot who had bene King Henries Steward tooke an oath before the Archbishoppe of Canterburie that King Henry at his death appointed Stephen to be his successour Wherevpon the Archbishop and a fewe others were ouer-lightly ledde like men blinded with securitie and of little foresight neuer considering of daungers vntill the meanes of remedie were past You write that they thought they might haue dâ—ne this with a good conscience for the good of the Realme But what good conscience could they haue in defiling their faith such consciences you endeuour to frame in all men to breake an oathe with as great facilitie as a Squirrell can cracke a Nut. What good also did ensue vnto the Realme The Nobilitie were set into factions the common people into diuision and disorder and as in warres where discipline is at large there insolencies are infinite so in this confusion of the state there was no action which tended not to the ruine thereof the liues and goods of men remaining in continuall pillage Polydore saith Matrons were violated virgins rauished Churches spoiled Townes and Villages rased much cattle destroied innumerable men slaine Into this miserable face of extremities the Realme did fall into the same againe you striue to reduce it But you say that for the ending of these mischiefes the States in a Parliament at Wallingford made an agreement that Stephen should be King during his life and that Henry and his offspring should succeede after his death A man would thinke you had a mint of fables there is no historie which you handle but you defile it with apish vntruthes All our histories agree that king Stephen vnable to range things into better forme did adopt Henry to be his successor The second Huntington faith that this agreement was mediated by the Archb. of Cant. and the Bishop of Winchester who repented him of the furtherance he gaue to the aduancement of king Stephen when he sawe what miseries did therevpon ensue The like doth Houeden report and Holingshead setteth downe the forme of the charter oâ— agreement betweene them whereby it is euident that it was a transaction betweene them two and no compulsorie act or authoritie of the State I denie not but some Authors affirme that the King assembled the Nobilitie but neyther were they the States of the Realme neither were they assembled to any other ende but to sweare fealtie vnto Henry sauing the kings honour so long as hee should liue After the death of King Richard the first you affirme that the succession was againe broken for that Iohn brother to King Richard was admitted by the States and Arthur Duke of Britaine sonne to Geoffrye elder brother vnto Iohn was against the ordinarie course of succession excluded Well sir I arrest your worde remember this I pray you for I will put you in minde thereof in an other place That which here you affirme to be against the ordinarie course of succession you bring in an other place for proofe that the Vncle hath right before the Nephewe You do wildely wauer in varietie of opinion speaking flatte contraries according as the ague of your passion is eyther in fitte or intermission The Historie of King Iohn standeth thus King Richard the first dying without issue left behinde him a brother named Iohn and a Nephewe called Arthur sonne of Geoffrye who was elder brother vnto Iohn This Arthur was appointed by King Richard to succeede in his estate as Polydore writeth Nubrigensis saith that he should haue bene established by consent of the Nobilitie if the Britaine 's had
not bene so foolishly eyther suspitious or fonde that when King Richard sent for him they refused to commit him into his Vncles hands But after the death of king Richard his brother Iohn seized vpon his treasure in Normandie came ouer into England and in an assembly onely of the Nobilitie was crowned king Of these many he wonne with such liberall protestations and promises as men carelesse of their word are wont to bestowe others were abused by the perswasions of Hubert Archbishop of Canterburie and a fewe others saith Polydore not well aduised Nic. Triuet saith that Iohn pretended for his title not the election of the people but propinquitie of bloud and the testament of king Richard The same also is affirmed by Walsingham And this is the question betweene the Vncle and the Nephewe of which I shall haue occasion to speake hereafter But Polydore saith that diuers noble men did account this to be a fraudulent iniustice and therevpon did ominate those euils which afterward did ensue And when the Archbishop was charged that vnder colour of reason partly subborned and partly weake he had bene the occasion of all those mischiefes Polydore saith that he was both grieued and ashamed at nothing more Rog. Wenden affirmeth that he excused himselfe that he did it vpon oracles and by the gift of prophesie King Iohn hauing locked himselfe into the saddle of state made one wrong which he had done to be the cause of a greater wrong by murthering his Nephew Arthur Duke of Britane whose inheritaÌ„ce he did vniustly vsurpe For this fact the French king depriued him of all the landes which he helde in fee of the crowne of France prosecuted the sentence to effect After this as men are easily imboldened against an vsurper when once he declineth eyther in reputation or in state diuers of the Nobilitie especially they of the North confederated against him but being neither able to endure his warre nor willing to repose trust in his peace they coÌ„tracted with Lewis the French kings sonne to take vpon him to be their king And so it often happeneth in ciuill contentions that they who are weakest do runne with a naturall rashnesse to call in a third Lewes being arriued vpon the coast of Kent the Nobilitie of that faction came and sware alleageance vnto him The Londoners also many vpon an ordinarie desire to haue new kings others for feare and â—ome for company ioyned to the reuolt Hereof a lamentable presence of all miseries did arise whereby as well the libertie as the dignitie of the Realme were brought to a neare and narrowe iumpe The poore people naked both of helpe and hope stood at the curtesie and pleasure of the men of armes the libertie of warre making all things lawfull to the furie of the strongest The Nobilitie feeling much and fearing more the insolencie of the French NatioÌ„ who as Vicount Melin a noble maÌ„ of France confessed at his death had sworne the extirpation of all the noble bloud in the Realme began to deuise how they might returne into the alleageance of king Iohn in so much as a litle before his death Letters were bâ—ought vnto him from certaine of his Barons to the number of fortie who desired to be receiued againe into his peace But after his death which happily did happen within fiue moneths after the arriuall of the French both their hatred and their feare being at an ende they were all as readie to cast out Lewes as they had bene rash to call him in This History you corrupt with verie many odious vntruthes which are more harsh to a well tuned eare then the crashing of teeth or the grating of copper As namely in affirming that Arthur was excluded and Iohn crowned King by the states of the Realme that God did more defend this act of the Common-wealth then the iust title of Arthur that by the same states king Iohn was reiected Prince HeÌ„ry his sonne depriued and Lewes of France chosen to be king that the same states recalled their sentence against Prince Henry disanulling their oathe and alleageance made vnto Lewes A shamelesse tongue gouerned by a deceitfull minde can easily call faction the Common wealth rebellion a iust and iudiciall proceeding open an often periurie an orderly reuoking of a sentence Gods secret iudgement in permitting iniustice to preuaile a plain defence and allowance thereof Of the diuision of the houses of Lancastar and Yorke it is but little that you write whereto I haue fully answered before you do wisely to giue a light touch to this example it is so hotte that it will scalde your throate King Henry the fourth more caried by cursed ambition then either by necessitie or right laide an vniust gripe vpon the Realme which afterward he did beautifie with the counterfeit titles of conquest and election So violent are the desires of Princes to imbrace streined titles by whiche they may disturbe the states of other not remembring that right may be troaden downe but not troaden out hauing her secret both meanes to support and seasons to reuiue her For although the lawfull successor did warily strike saile to the tempest because neither the time running nor the opportunitie present which are the guiders of actions did consent as then to enter into enterprise Yet so soone as one heare of occasion was offered his progenie did set vp a most doubtfull warre wherein thirteene battailes were executed by English-men only and aboue fourescore Princes of the royall blood slaine Loe now the smiling successe of these vsurpations loe what a deare purchase of repentance they did cause Were it not that passion doth blind men not only in desire but in hope they might suffice to make vs aduised to keepe rather the knowne beaten way with safetie then vpon euery giddie and brainlesse warrant to engulphe our selues in those passages wherein so many haue perished before vs. It belongeth to wise men to auoide mischies and it is the reward of fooles to lament them Goe too then conclude if you please that the people are not bound to admit him to the Crowne who is the next successor by propinquitie of blood but rather to weigh whether it is like that hee will performe his charge or no. Conclude this I say to be your opinion and that it seemeth to you to be conforme to all reason lawe religion pietie wisedome and policie and to the custome of all Common wealthes in the world and I wil assuredly conclude against you that you prate without either warrant or weight To the ninth Chapter which beareth title VVhat are the principall points which a Common-wealth ought to respect in admitting or excluding any Prince wherein is handled largely also of the diuersitie of religions and other such causes IN this passage you handle what cause is sufficient either to keepe in or to cast the next in blood out of state In which question you determine that God doth