body which is ever to be respected more then any one Person whatsoever Belloy or other of his opinion do say to the contrary Thus said the Civilian and being called upon and drawn to a new matter by the question that ensueth he made his last discourse and conclusion of the whole matter in manner following CHAP. IX What are the principal points which a Common-wealth ought to respect in admitting or excluding of any Prince that pretendeth to succeed wherein it is handled largely also of the diversity of Religion and other such Cases AFter the Civilian had alledged all these examples of Succession altered or rejected by publick Authority of Commonwealths and of the allowance and approbation and good success which for the most part God seems to have given unto the same one of the Company brake forth and said That this point appeared so evident unto him as no doubt in the World could be made thereof I mean Whether this thing in it self be lawful or no To alter sometimes the course of Succession seeing that all Commonwealths of Christendom had done it so often only he said that it remained somewhat doubtful unto him whether the causes alledged in these mutations and changes before-mentioned were always sufficient or no For that sometimes they seemed to him but weak and slender as when for example the Vncle was preferred before the Nephews for that he was a Man and the other Children which cause and reason hath oftentimes been alledged in the former examples both of Spain France and England As also when the younger or Bastard Brother is admitted and the elder and Legitimate Excluded for that the one is a Warrier and the other not and other such like causes are yielded said he in the Exclusions before-rehearsed which yet seems not sometimes weighty enough for so great an Affair To this answered the Civilian That according to their Law both Civil and Canon which thing also he affirmed to be founded on great reason it is a matter most certain that he who is Judge and ought to give the sentence in the thing it self is also to judge of the cause for thereof is he called Judge And if he have authority in the one good reason he should also have power to discern the other so as if we grant according to the form and proofs That the Realm or Commonwealth hath power to admit or put back the Prince or pretender to the Crown Then must we also confess that the same Commonwealth hath Authority to judge of the lawfulness of the cause and considering further that it is in their own affair and in a matter that hath his whole beginning continuance and substance from them alone I mean from the Commonwealth for that no Man is King or Prince by institution of nature as before hath been declared but every King and Kings Son hath his dignity and preheminence above other men but authority only of the Commonwealth Who can affirm the contrary said the Civilian But that God doth allow for a just and sufficient cause in this behalf the only will and judgment of the weal publick it self supposing always as in reason we may that a whole Realm will never agree by orderly way of judgment for of this only I mean and not of any particular Faction of private men against their Heir Apparent to Exclude or put back the next Heir in Bloud and Succession without a reasonable cause in their sight and consure And seeing that they only are to be Judges of this case as now I have said we are to presume that what they determine is just and lawful for the time and if at one time they should determine one thing and the contrary at another as they did often in England during the contention between York and Lancaster and on other like occasions what can a private Man judge otherwise but that they had different reasons and motions to lead them at different times and they being properly Lords and Owners of the whole business committed unto them It is enough for every particular man to subject himself to that which his Common-wealth doth in this behalf and to obey simply without any further inquisition except he should see that open injustice were done therein or God manifestly offended and the Realm indangered Open injustice I call said he when not the true Commonwealth but some Faction of wicked Man should offer to determin this matter without lawful authority of the Realm committed to them and I call manifest offence of God and danger of the Realm when such a Man is preferred to the Crown as is evident that he will do what lyeth in him to the prejudice of them both I mean both of Gods glory and the publick Wealth as for example if a Turk or Moor as before I have said or some other notorious wicked Man or Tyrant should be offered by Succession or otherwise to govern among Christians in which cases every man no doubt is bound to resist what he can for that the very end and intent for which all Government was first ordained is herein manifestly impugned Thus the Civilian discoursed and the whole Company seemed to like very well thereof for that they said his opinion appeared both prudent and pious and by this occasion it came also presently in question What were the true causes and principal points which ought to be chiefly regarded as well by the Commonwealth as by every particular Man in this great action of furthering or hindering any Prince towards a Crown And they said unto the Civilian that if he would discuss in like manner this point unto them it would be a very apt and good conclusion to all his former Speeches and Discourses which having been of the authority that well publicks have over Princes Titles this other of the causes and considerations that ought to lead them for use and exercise of the same authority would fall very fit and necessary for the up-shot of all Hereunto the Civilian answered that he well saw the fitness and importance of the matter and therefore that he was content to speak a word or two more thereof Notwithstanding that much had been said already therein to wit in all those points which had been disputed about the end of Government and why it was appointed which end said he seing it is as largely hath been proved before to defend preserve and benefit the Commonwealth here hence that is from this consideration of the Wel-publick are to be deduced all other considerations of most importance for discerning a good or evil Prince For that whosoever is most likely to defend preserve and benefit most his Realm and subjects he is most to be allowed and desired as most conform to the end for which Government was ordained And on the contrary side he that is least like to do this deserveth least to be preferred and here quoth he you see doth enter also that consideration mentioned
A CONFERENCE About the Next SUCCESSION TO THE Crown of England Divided into Two Parts The First containeth The Discourse of a Civil Lawyer how and in what manner Propinquity of Bloud is to be preferred The Second containeth The Speech of a Temporal Lawyer about the particular Titles of all such as do or may pretend within England or without to the next Succession Whereunto is also added A New and Perfect Arbor and Genealogy of the Descents of all the Kings and Princes of England from the Conquest unto this day whereby each mans Pretence is made more plain Dedicated to the Right Honourable the Earl of Essex one of Her Majesties Privy-Council and of the Noble Order of the Garter Published by R. Doleman Re-printed at N. with License MDCLXXXI The sum of both Parts more in particular THE first declareth by many Proofs and Arguments That the next Propinquity or Ancestry of Bloud alone though it were certainly known yet it is not sufficient to be admitted to a Crown without other Conditions and Circumstances requisite be found also in the person pretendent THE second examineth the Titles and Pretensions of all such as may have Claim or Action to the Crown of England at this day what may be said for them and what against them And in the end though he leave the matter extreme doubtful as touching the best right yet he giveth certain Conjectures about some persons that are likest to prevail To the Right Right Honourable the Earl of Essex one of Her Majesties Privy Council TWo principal Causes among others Right Honourable are wont to invite men to dedicate any Book or Treatise to a Person in Authority The one Private Duty and Obligation the other Publick Utility in respect that the Master may concern that Person for the Common Good And to confess the truth both of these jointly have moved me at this time to present unto your Honour above others the two Books ensuing which contain a Conference had in Holland not long since â—â—out the Pretences and Pretenders to the Crown of England as your Honour shall perceive by the Preface of each Book and therefore hereof I shall need say no more but only declare the aforesaid two Causes of this Dedication First then I say that my particular obligation towards your Honours Person riseth partly of good Turns and Benefits received by some Friends of mine at your Lordships hands in your last Voyage and Exploits in France but principally of far greater Favours receiv'd from your Noble Ancestors I mean not only your Father whose untimely death was to England no small Wound but of your Grand-father also that worthy Knight Sir Walter Deverux who though he lived not to come to those Titles of Honour whereunto he was born yet left he behind him so rare a memory for his excellent Parts of Learning Wit Feature of Body Courtesy and other such Noble Commendations as none in England perhaps the like in our time wherein also hath lived your Honours Great Grandfather Sir Henry Deverux Visconde Ferys well remembred yet by divers of my said Friends obliged unto him as also recorded by our English Histories as well for his Merits and Worthiness as in like manner for his Match with the Heir of the most Famous and Noble House of the Bourchers Earls of Essex whereof also your Honour is known to be descended and to hold at this day as well their Nobility of Blood as Dignity of Title and this shall serve in this place for my particular obligation whereof perhaps hereafter upon other occasion I may give further relation and testimony to the World in token of my Gratitude But for the second Point of Publick Vtility I thought no man more fit than your Honour to dedicate these two Books unto which treat of the Succession to the Crown of England for that no man is in more high and eminent Place or Dignity at this day in our Realm than your self whether we respect your Nobility or Calling or Favour with your Prince or high Liking of the People and consequently no man like to have a greater part or sway in deciding of this great Affair when time shall come for that determination then your Honour and those that will assist you and are likest to follow your Fame and Fortune And for that it is not convenient for your Honour to be unskilful in a matter which concerneth your Person and the whole Realm so much as this doth and finding this Conference had by two Learned Lawyers to handle the Question very pithily and exactly and yet with much Modesty and without offence of any and with particular affection and devotion to Her Majesty and with special care of Her Safety I thought not expedient to let it lie unpublished as also judged that no Hands were fitter to receive the same nor any Protection more secure or plausible than that of your Honour whom God long preserve in all true Honour and Felicity to the Comfort of Your Lordships Faithful Servants and Clients and to the Publick Benefit of your Countrey From my Chamber in Amsterdam this last of December 1593. Your Honours most Affectionate R. DOLEMAN The CONTENTS of the first PART THe Preface containing the occasion of this Treatise with the subject purpose and parts thereof That Succession to government by nearness of bloud is not by Law of Nature or Divine but only by humane and positive Laws of every paticular Commonwealth and consequently may upon just causes be altered by the same Chap. 1. fol. 1. Of the particular form of Monarchies and Kingdoms and the different Laws whereby they are to be obtained holden and governed in divers Countries according as each Commonwealth hath chosen and established Chap. 2. f. 12. Of the great reverence and respect due to Kings and yet how divers of them have been lawfully chastised by their common-wealths for their misgovernment and of the good and prosperous success that God commonly hath given to the same and much more to the putting back of an unworthy pretender Chap. 3. f. 30. Wherein consisteth principally the lawfulness of proceeding against Princes which in the former chapter is mentioned what interest Princes have in their subjects goods or lives how Oaths do bind or may be broken by subjects towards their Princes and finally the difference between a good King and a Tyrant Chap. 4. f. 51. Of the Coronation of Princes and manner of their admitting to their authority and the Oaths which they do make in the same unto the Commonwealth for their good government Chap. 5. f. 66. What is due to onely succession by Birth and what interest or right an Heir apparent hath to the Crown before he is Crowned or admitted by the Commonweath and how justly he may be put back if he have not the parts requisite Chap. 6. f. 98. How the next in succession by propinquity of bloud have oftentimes been put back by the Commonwealth and others further off admitted
in their places even in those Kingdoms where succession prevaileth with many examples of the Kingdoms of Israel and Spain Chap. 7. f 113. Of divers other examples out of the States of France and England for proof that the next in bloud are sometimes put back from succession and how God hath approved the same with good success Chap. 8. f. 132. What are the principal points which a Commonwealth ought to respect in admitting or excluding any Prince wherein is handled largely also of the diversity of Religions and other such Causes Chap. 9. f. 158. The CONTENTS of the second Book Tâ—â— Preface with the intention and protestation of the Lawyer to treat this matter without the hurt or prejudice of any 〈◊〉 divers 〈◊〉 and treatises that have been written heretofore 〈◊〉 the 〈◊〉 of such as pretend to the Crown of England and 〈◊〉 they do contain in favour or disfavour of divers pretenders Chaâ— 1. â—ol 1. Of the Succession of the Crown of England from the conquest 〈◊〉 other 〈…〉 the III. with the begnning of three principal lineages of the English bloud Royal dispersed into the House of Britany Lancaster and York Chap. 2. f. 10. Of the Succession of English Kings from King Edward the III. unto our days with the particular causes of dissention between the Families of York and Lancaster more largely declared Chap. 3. f 3â—0 Of the great and general controversie and contention between the said two Houses Royal of Lancaster and York and which of tâ—â—m may sâ—â—m to have had the better right to the Crown by way of 〈◊〉 Chap. 4 f. 44. Of 〈◊〉 principal and particular houses of lineages that do or â—ay pretend to the Crown of England at this day which are the House of Scotland of 〈◊〉 of Clarence of Britanny and of Portâ—â—â—l and first of all the causes of Scotland which containeth the pretentions of the King of Scots and of the Lady Arabella Chaâ— 5. f. â—â— Of the 〈◊〉 of â—uffâ—lk containing the claims as well of the Counteâ—â— of Dariâ— â—nd of her Children as also of the Children of the Earl of 〈…〉 6 f. 101. Of the House of 〈…〉 and Britany which containeth the claims of the Earl of Hâ—â—â—â—â—gton and of the Lady Infanta of Spain and others of these two Families Chap. 7. f. 110. Of the House of Portugal which containeth the â—laimâ— as well of the King and Prince of Spain to the Succession of England as also of the Duâ—â— of Parma and Brâ—gaâ—sâ— by the House of Lancaster Chap. 8. f. 1â—4 Whether it be better to be 〈◊〉 a forrain or home-born Prince and whether under great an â—â—â—ghty Monarch or under a little 〈…〉 Chap. 9. f. 150 Of â—ertâ—â—n other secondary or collateral lines and how extreme dâ—ubâ—fâ—ll all the pretences â—e and which of all these pâ—enders are must like by probability to prevail in the end and to get the Crown of England Chap. 10. f. 113. The Preface containing the occasion of this Treatise with the subject purpose and parts thereof THere chanced not long ago I mean in the months of April and May of this last year 93. to meet in Amsterdam in Holland certain Gentlemen of divers Nations qualities and affections as well in Religion as otherwise yet the most part English and Irish and they had been in divers Countries studied different Arts and followed unlike professions some of Soulders some of Lawyers both Temporal and Civil others of meer travellers to learn experience and policy And for that the advice which daily came from England at that time the Parliament being then in hand gave occasion to discourse of English affairs they fell into divers points concerning the same but yet none was treated so largely or so seriously as was the matter of succession and competitors to the Crown for that it was presumed a great while that some thing would be determined thereof in that Parliament though one or two of the wisest of that company held ever the contrary opinion But when at length news was brought that nothing at all had been done therein but rather that one or two as was reported had been checked or committed for speaking in the same then came it in question among the Gentlemen what should be the cause of such proceeding in a matter so weighty and so necessary for all English men to know But two Gentlemen Lawyers of the company one of the common Law and the other a Civilian alledged so many reasons for justifying the Queens Majesties doings in this behalf as all did seem satisfied for that it was made plain that it could not stand with the safety either of Her Majesty or of the Realm or of the party himself who should be preferred that any declaration of Heir apparent should be made during the life of Her Majesty that now is how dangerous soever the delay thereof may be esteemed for the time to come And so the end of this Speech brought in presently the beginning of another to wit what were like to be these dangers and who might be likest of the pretenders to prevail after Her Majesty about which matter there was much discoursed by divers Parties but the conclusion of all was that both these points remained very doubtful but much more the second who should prevail of the competitors which they said did make the former point less doubtful of the multitude of dangers that thereby did hang over the Commonwealth of England though it wanted not doubt also in particular what and where they should fall for said they wheresoever many pretenders of the bloud Royal are known to be competitors to a Crown there cannot chuse but many perils also must be imminent to the Realm To this one of the company said that he did not see how there could be either so many pretenders to the Crown as the day before had been spoken of in that place for the Common Lawyer before named newly come out of England had told them that he had heard of some 9. or 10. or more Plots that were debated within the Realm for so many pretenders or if there were any such great number descended of the Bloud Royal yet their titles could not be so doubtful seeing it was an easie matter to discern who was next in discent of bloud and who not Not so easie quoth this Gentleman Lawyer for that although it cannot be denied but that there is among all such as may pretend at this day a certain known order and degree of nearness in bloud to some King or Queen that hath possessed the Crown before them and in this discent it is known also commonly who descendeth of the elder house and who of the younger and other such like vulgar circumstances yet notwithstanding for that there be many other points considerable in this affair as the right of the first stock whereof each part doth spring the disableing of the same stock afterwards by attainders or otherwise the
Bastardies or other particular impediments that may have fallen upon each discent or branch thereof all these things said he may alter the course of common supposed right in him or her that is taken to be next in bloud as proving them not to be truly and lawfully the nearest though they be the next in degree As for example said he the whole multitude of competitors or pretendors which I conceive may come in consideration or have action or claim to the Crown after her Majesty that now is may be reduced to three or four first heads or principal stocks to wit to the House of Lancaster a part as descended of John of Gant Duke of Lancaster by his first Wife Blanch sole Heir of the Dutchess of Lancaster And of this branch or stock the most known off spring in these our days are those Princes that are lineally descended of Don Juan the first sirnamed de bona memoria tenth King of Portugal who married with Philippa the eldest Daughter of the said John of Gant by his first Wife Blanch and these Princes are King Philip of Spain now King also of Portugal and the Duke of Parma and Braganza who descended of the same race as also the Duke of Savoy on degree after them The second stock is of the house of York a part descended of George the Duke of Clarence second Brother to King Edward the fourth who being put to death by the Kings order in Cales left a daughter by whom were descended the Earl of Huntington with his Brothers which also have children and the off spring of Geffry Pole and Sir Thomas Barrington who married the other Sister of her that was married to the Hastings The third stock was in King Henry the seventh who being himself of the house of Lancaster and marrying the eldest daughter of Edward the fourth of the house of York is presumed to have joyned these two houses together and from this man by his two daughters for of his Son who was King Henry the eighth there remaineth only the Queen that now is there hath proceeded the house of Scotland divided into the families of the King of Scots and Arabella as also the Progeny of the two Earls yet living of Hartford and Darby Vnto these three heads which are commonly known to all men some of our days do add also a fourth which may seem more ancient then either of these three to wit by the Duke of Britany who are descended divers ways of the bloud royal of England as may easily be declared whose Heir at this day by lineal descent is the Infanta of Spain named Dona Isabella Clara Eugenia daughter to King Philip. So that hereby we come to discover no less then ten or eleven families that may pretend and have all of them friends in England and else where as yesterday I told you who do not fail in secret to negotiate and lay plots for them for that there are none of these so far off but to their friends it seemeth the times standing as they do that reasons may be given for their preferment and good hope conceived of prevailing You do well to add said a Captain there present the times standing as they do or at leastwise as they are like to stand when this matter must come to tryal at what time I believe not you Lawyers but we Souldiers must determine this title and then no doubt if there were not only these ten by you named but twenty more also of the Bloud Royal that would pretend and had friends and money to stand by them we should admit their causes to examination and perhaps give sentence for him that by your laws would soonest be excluded for when matters come to snatching it is hard to say who shall have the better part I do not add this circumstance of the time said the Lawyer as though it were the only or principal point which maketh doubtful the matter of Succession though I confess that helpeth thereunto greatly in respect of the great variety of mans affections at this day in Religion which do decline them commonly to judge for him whom they best love but besides this I do say that were the times never so quiet and Religion never so uniform yet are there great doubts in many mens heads about the lawfulness of divers Petitions of the Families before-named but if you add unto this the said wonderful diversity in matters of Religion also which this time yieldeth you shall find the event much more doubtful and consequently it is no marvel though many may remain in hope to prevail seeing that where many are admitted to stand for a preferment there divers may have propability also of speeding An example you may take said the Civilian Lawyer in the Roman Conclave at the Popes election where among three or four score Cardinals that enter in for Electors few there are that have not hope also to be elected not for that they see themselves all well qualified as others but because often times when divers that are more forward by likelyhood cannot be agreed upon it falleth to the lot of him that is farthest off and so it may among your pretenders quoth he in England Your example said the Temporal Lawyer confirmeth somewhat of that I mean though it be not altogether in like matter or manners for that the Pope is made by Election and here we talk of a King by Succession Your Succession said the Civilian includeth also an Election or approbation of the common-wealth and so doth the succession of all Kings in Christendom besides as well appeareth by the manner of their new admision at their Coronations where the people are demanded again if they be content to accept such a man for their King though his title of nearness by bloud be never so clear And therefore much more it is like to be in this case of English pretenders now where their lawful nearness in bloud is so doubtful as you have signified and so I do come to confirm your former proposition of the doubtfulness of the next Successor in England with another reason besides that which you have alledged of the ambiguity of their true propinquity in bloud for I say further that albeit the nearness of each mans succession in bloud were evidently known yet were it very uncertain as things now stand in England and in the rest of Christendom round about who should prevail for that it is not enough for a man to be next only in bloud thereby to pretend a Crown but that other circumstances also must concur which if they want the bare propinquity or ancestry of bloud may justly be rejected and he that is second third fourth fifth or last may lawfully be preferred before the first and this by all Law both divine and human and by all reason conscience and custom of all Christian Nations To this said the temporal Lawyer you go further Sir then
affirmeth the state of Kingly Government to be most excellent it may seem he meant it absolutely signifying thereby that this is the best kind of Government among all others though to confess the truth between the Title of King and Emperor there is little or no difference in substance but only in name for that the Authority is equal every King is an Emperor in his own Kingdom And finally the excellency of this Government above all other is not only proved by the perfection thereof in it self as for that it is most Ancient Simple and conform unto Nature and most resembling the Government of God himself as hath been said but by the effects also and utility that it bringeth unto the Subjects with far less Inconveniences then any other Form of Government whatsoever if we compare them together For in the Monarchy of one King there is more Unity Agreement and Conformity and thereby also celerity in dispatching of business and is defending the Common-wealth then where many heads be less Passions also in one man then in many as for example in Democratia where the Common people do bear the chief sway which is Bellua multorum capitum as Cicero wisely said that is a beast of many Heads there is nothing but sedition trouble tumults outrages and injustices committed upon every little occasion especially where Crafty and Cunning men may be admitted to insense or asswage them with Sugred words such as were the Orators in Athens and other Cities of Greece that had this Government and the Tribunes of the people of Rome and other such popular and plausible men who could move the waves raise up the winds and inkindle the fire of the vulgar peoples affections passions or furies at their pleasure by which we see that of all other Common-wealths these of Popular Government have have soonest come to ruine which might be shewed not only by old examples of Greece Asia and Africa but also of many Cities in Italy as Florence Bolonia Siena Pisa Arezzo Spoleto Perugia Padua and others which upon the fall or diminution of the Roman Empire under which they were before took unto themselves Popular Governments wherein they were so tossed with continual Sedition Mutinies and banding of Factions as they could never have end thereof until after Infinite Murthers Massacres and Innundation of Blood they came in the end to be under the Monarchy of some one Prince or other as at this day they remain so that of all other Governments this is the worst The second Form which is called Oligarchia or Aristocratia for that a few and those presumed to be the best are joyned together in Authority as it doth participate some thing of both the other Governments to wit of Monarchia and Democratia or rather tempereth them both so hath it both good and evil in it but yet it inclineth more to the evil for the disunion that commonly by mans infirmity and malice is among those heads for which cause the States before-named of Venice and Genua which were wont to have simply this Government of Aristocratia in that their Regiment was by certain chuse Senators were inforced in the end to chuse Dukes also as Heads of their Senates for avoiding of dissention and so they have them at this day though their authority be but small as hath been said We see also by the examples of Carthage and Rome where Government of Aristocratia took place that the Division and Factions among the Senators of Carthage was the cause why Aid and Succour was not sent to Hannibal their Captain in Italy after his so great and Important Victory at Cannas which was the very cause of the saving of the Roman Empire and the loss of their own As also afterwards the Emulations Discord and Disunion of the Roman Senators among themselves in the Affairs and Contentions of Marius and Silla and of Pompey and Caesar was the occasion of all their destruction and of the Common-wealth with them Evident then it is that of all other Governments the Monarchy is the best and least subject to the Inconveniences that other Governments have and if the Prince that governeth alone and hath Supream Authority to himself as he resembleth God in this point of sole Government so could he resemble him also in Wise Discreet and Just Government and in ruling without Passion no doubt but that nothing more excellent in the world could be desired for the perfect felicity of his Subjects but for that a King or Prince is a man as others be and thereby not only subject to errors in Judgment but also to passionate affections in his will for this cause it was necessary that the Commonwealth as it gave him this great power over them so it should assign him also the best helps that might be for directing and rectifying both his will and judgment and make him therein as like in Government to God whom he representeth as mans frailty can reach unto For this consideration they assigned to him first of all the assistance and direction of Law whereby to govern which Law Aristotle saith Est mens quaedam nullo perturbata affectu it is a certain mind disquited with no disordinate affection as mens minds commonly be for that when a Law is made for the most part it is made upon due consideration and deliberation and without perturbation of evil affections as anger envy hatred rashness or the like passions and it is referred to some good end and commodity of the Common-wealth which Law being once made remaineth so still without alteration or partial affection being indifferent to all and partial to none but telleth one tale to every man and in this it resembleth the perfection as it were of God himself for the which cause the said Philosopher in the same place addeth a notable wise saying viz. That he which joyneth a Law to govern with the Prince joyneth God to the Prince but he that joyneth to the Prince his affection to govern joyneth a Beast for that mens affections and concupisenses are common also to Beasts so that a Prince ruling by Law is more than a man or a man deified and a Prince ruling by affections is less than a man or a man bruitified In another place also the same Philosopher saith That a Prince that leaveth Law and ruleth himself and others by his own appetite and affections of all Creatures is the worst and of all Beasts is the most furious and dangerous for that nothing is so outragious as Injustice armed and no Armour is so strong as Wit and Authority whereof the first he hath in that he is a Man and the other in that he is a Prince For this cause then all Commonwealths have prescribed Laws unto their Princes to govern thereby as by a most excellent certain and immutable rule to which sense Cicero said Leges sunt inventae ut omnibus semper una eadem
voce loquerentur Laws were invented to the end they should speak in one and the self-same sense to all men For which very reason in like manner these Laws have been called by Phylosophers a Rule or Square inflexible and by Aristotle in particular a mind without passion as hath been said but the Prophet David who was also a Prince and a King seemeth to call it by the name of Discipline for that as Discipline doth keep all the parts of a Man or of a particular House in order so Law well ministred keepeth all the parts of a Commonwealth in good order and to shew how severely God exacteth this at all Princes hands he saith these words And now learn ye Kings and be instructed you that judge the World Serve God in fear and rejoyce in him with trembling embrace ye Discipline lest he enter into wrath and so ye perish from the way of Righteousness Which words being uttered by a Prophet and a King do contain divers points of much consideration for this purpose As first that Kings and Princes are bound to learn Law and Discipline and secondly to observe the same with great humility and fear of God's wrath and thirdly that if they do not they shall perish from the way of Righteousness as though the greatest plague of all to a Prince were to lose the way of Righteousness Law and Reason in his Government and to give himself over to passion and his own will whereby they are sure to come to Shipwrack And thus much for the first help The second help that Commonwealths have given to their Kings and Princes especially in latter Ages hath been certain Counsels and Counsellors with whom to consult in matters of importance as we see the Parliaments of England and France the Courts in Spain and Dyets in Germany without which no matters of moment can be concluded And besides this commonly every King hath his Privy-Councel whom he is bound to hear and this was done to temper somewhat the absolute form of a Monarchy whose danger is by reason of his sole Authority to fall into Tyranny as Aristotle wisely noteth in his fourth Book of Politicks shewing the inconvenience or dangers of Government which is the cause that we have few or no simple Monarchies now in the world especially among Christians but all are mixt lightly with divers points of the other two forms of Government also and namely in England all three do enter more or less for in that there is one King or Queen it is a Monarchy in that it hath certain Counsels that must be heard it participateth of Aristocratia and in that the Commonalty have their Voices and Burgesses in Parliament it taketh part also of Democratia or popular Government All which limitations of the Princes absolute Authority as you see do come from the Common-wealth as having Authority above their Princes for their restraint to the good of the Realm as more at large shall be proved hereafter From like Authority and for like Considerations have come the limitations of other Kings and Kingly power in all times and Countries from the beginning both touching themselves and their Posterity and Successors as briefly in this place I shall declare And first of all if we will consider the two most renowned and allowed States of all the World I mean that of the Romans and Grecians we shall find that both of them began with Kings but yet with far different Laws and Restraints about their Authorities For in Rome the Kings that succeeded Romulus their first Founder had as great and absolute Authority as ours have now adays but yet their Children or next in Bloud succeeded them not of necessity but new Kings were chosen partly by the Senate and partly by the People as Titus Livius testifieth so as of three most excellent Kings that ensued immediately after Romulus viz. Numa Pompilius Tullius Hostilius and Tarquinus Priscus none of them were of the Bloud-Royal nor of Kin the one to the other no nor yet Romans born but chosen rather from among strangers for their Vertue and Valour and that by election of the Senate and consent of the People In Greece and namely among the Lacedemonians which was the most eminent Kingdom among others at that time the succession of Children after their Fathers was more certain but yet as Aristotle noteth their Authority and Power was so restrained by certain Officers of the people named Ephori which commonly were five in number as they were not only checked and chastned by them if occasion served but also deprived and sometimes put to death For which cause the said Phylosopher did justly mislike this eminent Jurisdiction of the Ephori over their Kings But yet we see hereby what Authority the Commonwealth had in this case and what their meaning was in making Laws and restraining their Kings Power to wit thereby the more to bind them to do Justice which Cicero in his Offices uttereth in these words Justitiae fruendae causa apud majores nostros in Asia in Europa bene moraâ—i reges olim sunt constituti c. at cum jus aequabile ab uno viro homines non consequerentur inventae sunt leges Good Kings were appointed in old time among our ancestors in Asia and Europe to the end thereby to obtain Justice but when men could not obtain equal Justice at one mans hands they invented Laws The same reason yieldeth the same Phylosopher in another place not only of the first Institution of Kingdoms but also of the change thereof again into other Governments when these were abused Omnes antiquae gentes regibus quondam paruerunt c. That is All old Nations did live under Kingdoms at the beginning which kind of Government first they gave unto the most just and wisest men which they could find and also after for love of them they gave the same to their Postesity or next in Kin as now also it remaineth where Kingly Government is in use But other Countries which liked not that form of Government and have shaken it off have done it not that they will not be under any but for that they will not be ever under one only Thus far Cicero and he speaketh this principally in defence of his own Commonwealth I mean the Roman which had cast off that kind of Government as before hath been said for the Offence they had taken against certain Kings of theirs and first of all against Romulus himself their first Founder for reigning at his pleasure without Law as Titus Livius testifieth for which cause the Senators at length slew him and cut him in small pieces And afterwards they were greatly grieved at the entring of Servius Tullius their sixth King for that he got the Crown by fraud and not by election of the Senate and special approbation of the People as he should have done But most of all they
Nation that was lawfully and orderly preferred to the Imperial Seat after that it passed from the Children of Charles the Great and there be divers points worthy the noting in this example and among other that albeit he were lawful King and Emperor by Succession as also by appointment of his Father Yet was he chosen and admitted again by the Prince and People and that he Swore to fulfil all those points and conditions which the signification of the Emperial Ornament did bind him unto After this about sixteen years or more Pope Gregory the fifth in a Synod holden in Rome did by the consent of Otho the third Emperour and Nephew unto this other Otho of whom we have now treated appoint a certain Form of Election for the time to come of the German Emperour to wit that he should be chosen by six Princes of Germany three Ecclesiastical which are the Archbishops of Moguntia Colen and Trevires and three Temporal Lords to wit the Duke of Saxony the Count Palatine of Rhene and the Marquess of Brandeuburg and when these six voices should happen to be equally divided then that the Duke of Bohemia for then it was no Kingdom should have place also to determine the Election All which was determined in the year of Christ 996. in Rome and approved afterward by all the Princes of Germany and allowed by all other Christian Princes and States of the World and so endureth unto this day And among all other points this of his Coronation and his Oath to be taken for his well Government was and is most exactly set down and recorded by many Historiographers of that time and since But I shall aledge them out of John Sleydan as the most convenient Author for this our time and purpose First of all then he Writeth that after any Man is chosen Emperour he is to be called only Caesar and the King of the Romans and not Emperour until he be Crowned and the Conditions which he Sweareth unto presently after his Election Are to defend the Christian and Catholick Religion to defend the Pope and Church of Rome whose Advocate he is to Minister Justice equally to all to follow Peace to keep and observe all Laws Rights and Priviledges of the Empire not to alienate or engage the possessions of the Empire to condemn no Man without hearing his cause but to suffer the course of Law to have its place in all and whatsoever he shall do otherwise that it be void and of no Validity at all Unto all these Articles he Sweareth first by his Legates and then he giveth a Copy of his Oath in Writing to every one of the six Electors and after this he goeth to the City of Aquis-grun to be Crowned in that great Church where about the middle of the Mass the Archbishop of Colen goeth unto him in the presence of all the People and asketh whether he be ready to Swear and promise to observe the Catholick Religion defend the Church Minister Justice protect the Widdows and Fatherless and yield dutiful Honour and Obedience to the Pope of Rome Whereunto he answering That he is ready to do all this The Archbishop leadeth him to the high Altar where he Sweareth in express words all these Articles which being done the said Archbishop turning himself to the Princes of the Empire and People there present doth ask them Whether they be content to Swear Obedience and Fealty unto him Who answering Y a He is Annointed by the said Archbishop before the Altar and then do come the other two Archbishhps of Moguntia and Treviers and do lead him into the Vestery where certain Deacons are ready to Apparel him in his Robes and do set him in a Chair upon whom the Archbishop of Colen sayeth certain Prayers and then delivereth him a Sword drawn and putting a Ring upon his finger and giveth him a Scepter in his hand and then all the three Archbishops together do put on the Crown upon his head and leading him so Crowned and Apparreled unto the high Altar again He Sweareth the second time That he will do the part of a good Christian and Catholick Emperor Which being ended he is brought back and placed in the Emperial seat and Throne where all the Princes of the Empire do Swear obedience and faith unto him beginning with the three Archbishops and continuing on with the three other Electors and so all the rest in order which is a notable and magestical manner of admitting and authorising of a Prince as you see and it is to be marked among other things that the Emperour Sweareth three times once by his Deputies and twice by Himself before his Subjects Swear once unto him and yet will Belloy as you have heard needs have Subjects only bound to their Princes and the Prince nothing at all bound to them again In Polonia which being first a Dukedom was made a Kingdom about the same time that this form of electing of the German Emperour was prescribed the manner of Coronation of their King is in substance the very same that we have declared to be of the Emperour For first of all the Archbishop of Guesua Metropolitant of all Polonia cometh to the King standing before the high Altar and sayeth unto him these words Whereas you are right Noble Prince to receive at our hands at this day who are thought unworthily in place of Christ for execution of this Function the sacred Anointing and other Ceremonies Ensigns and Ornaments appertaining to the Kings of this Land it shall be well that we admonish you in a few words what the charge importeth which you are to take upon you c. Thus he beginneth and after this he declareth unto him for what end he is made King what the obligation of that place and dignity bindeth him unto and unto what points he must Swear what do signifie the Sword the Ring the Scepter and the Crown that he is to receive and at the delivery of each of these things he maketh both a short exhortation unto him and prayer unto God for him And the Kings Oath is in these Words Promitto coram Deo Angelis ejus I do promise and Swear before God and his Angels that I will do Law and Justice to all and keep the Peace of Christ his Church and the union of his Catholick Faith and will do and cause to be done due and Canonical Honour unto the Bishops of this Land and to the rest of the Clergy and if which God forbid I should break my Oath I am content that the Inhabitants of this Kingdom owe no Duty or Obedience unto me as God shall help me and Gods holy Gospels After this Oath made by the King and received by the Subjects the Lord Martial General of the whole Kingdom doth ask with a loud voice of all the Councellors Nobility and People there present Whether they be content to submit
this World as also in the World to come in that last and most terrible Judgment of our great Lord and Saviour Jesus Christ and to have my part with Judas as also with the leprosy of Gehazi and with the fear and trembling of damned Cain And besides all this I shall be subject to all punishments that are ordained in the Laws of their Majesties concerning this Affair This Oath did all the Governours of Christian Countries take in old time when Christian Emperours did flourish and it hath remained for a Law and President ever since to all Posterity And if we join this with the other Oaths before set down in the V. Chapter which Emperours and Kings did make themselves unto their Ecclesiastical Prelates at their first Admission about this Point we should see nothing was so much respected in Admission of a Prince or Governour nor ought to be as Religion for that as I have said before this is the chiefest greatest and highest end of every Commonwealth intended both by God and Nature to assist their Subjects to the attaining of their Supernatural end by honouring and serving God in this life and by living vertuously for that otherwise God should draw no other fruit or commodity out of humane Common-wealths than of an Assembly of Brutish Creaturs maintained only and governed for to eat drink and live in peace as before hath been declared But the End of man being far higher than this it followeth that whatsoever Prince or Magistrate doth not attend with care to assist and help his subjects to this end omitteth the first and principal part of his Charge and committeth high Treason against his Lord and Master in whose place he is and consequently is not fit for that Charge and Dignity though he should perform the other two parts never so well of temporal Justice and Valour in his Person which two other Points do appertain principally to the humane felicity and baser end of Mans Wel-publick and much more of a Christian Hereof it ensueth also that nothing in the world can so justly exclude an Heir apparent from his Succession as want of Religion nor any cause whatsoever justify and clear the Conscience of the Commonwealth or of particular men that in this Case should resist his Entrance as if they judge him faulty in this point which is the he Head of all the rest and for which all the rest do serve You do remember that before I compared an Heir apparent unto a Spouse betrothed only and not yet married to the Commonwealth Which Espousal or Betrothing according to all Law both Divine and humane may be broken and made void much easier and upon far less causes than an actual perfect Marrying may of which our Saviour himself said Quos Deus conjunxit homo non separet i. e. Whom God hath joyned let no man separate and yet S. Paul to the Corinthians determineth plainly that if two Gentiles married together in their Gentility which none denieth to be true Marriage for so much as concerneth the Civil Contract and afterwards the one of them being made a Christian the other will not live with him or her or if he do yet not without blaspheming of God and tempting him to sin in this Case I say the Apostle teacheth and out of him the Canon Law setteth it down for a Decree that this is sufficient to break and dissolve utterly this Heathen Marriage although consummate between these two Parties and that the Christian may marry again and this only for want of Religion in the other party which being so in actual Marriage already made and consummate how much more may it serve to undo a a bare Betrothing which is the case of a Pretender only to a Crown as before hath been shewed But you may say perhaps that S. Paul speaketh of an Infidel or Heathen that denieth Christ plainly and with whom the other Party cannot live without danger of sin and losing his faith which is not the case of a Christian Prince though he be somewhat different from me in Religion to which is answered that supposing there is but one onely Religion that can be true among Christians as both Reason and Athanasius his Creed doth plainly teach us and moreover seeing that to me there can be no other Faith or Religion available for my Salvation than only that which I my self do believe for that my own Conscience must testify for me or against me certain it is that unto me and my Conscience he which in any point believeth otherwise than I do and standeth wilfully in the same is an Infidel for that he believeth not that which in my Faith and Conscience is the onely and sole Truth whereby he must be saved And if our Saviour Christ himself in his Gospel doth will certain men to be held for Heathens not so much for difference in Faith and Religion as for lack of Humility and Obedience to the Church how much more may I hold him so that in my opinion is an enemy to the Truth and consequently so long as I have this opinion of him albeit his Religion were never so true yet so long I say as I have this contrary perswasion of him I shall do against my Conscience and sin damnably in the sight of God to prefer him to a Charge where he may draw many others to his own errour and perdition wherein I do perswade my self that he remaineth This Doctrine which is common among all Divines is founded upon that discourse of S. Paul to the Romans and Corinthians against such Christians as being invited to the banquets and tables of Gentiles and finding Meats offered to Idoles which themselves do judge to be unlawful to eat did yet eat the same both to the scandal of other infirme men there present as also against their own Judgment and Conscience which the Apostle saith was a damnable sin and this not for that the thing in it self was evil or unlawful as he sheweth but for that they did judge it so and yet did the contrary Qui discernit si manducaverit aamnatus est saith the Apostle He that discerneth or maketh a difference betwean this Meat and others as judging this to be unlawful and yet eateth it he is damned that is to say he sinneth damnably or mortally Whereof the same Apostle yieldeth presently this reason Quia non ex fide i. e. for that he eateth not according to his faith or belief but rather contrary for that he believing it to be evil and unlawful doth notwithstanding eat the same And hereupon S. Paul inferreth this universal Proposition Omne autem quod non est ex side peccatum est i. e. All that is not of faith or according to a mans own belief is sin to him for that it is against his own Conscience Judgment and Belief believing one thing and doing another And seeing our own Conscience must be
what Historiographers do say according to their affections or Interests as what reasons and proofs be alledged of every side for that by this we shall more easily come to judge where the right or wrong doth lie First therefore the defenders of the House of York do alledge that their title is plain and evident for that as in the former chapter hath been declared Richard Duke of York first pretender of this House whose Father was Son to Edmond Langley Duke of York fourth Son of King Edward the third and his Mother Anne Mortimer that was Neece once removed and sole Heir to Leonel Duke of Clarence second Son of the said King Edward this Richard I say Duke of York pretended that for so much as he had two titles joyned together in himself and was lawful Heir as well to Duke Leonel the second Brother as to Duke Edmond the fourth that he was to be preferred in Succession of the Crown after the death of King Richard the second Heir of the first Son of King Edward before the Issue of John of Gaunt that was but third Son to the said King Edward and consequently that Henry Bolenbrok John of Gaunts Son Duke of Lancaster called afterwards King Henry the fourth entred the Crown by tyranny and violonce first for deposing the true and Lawful King Richard and secondly for taking the Kingdom upon himself which Kingdom after the death of the foresaid King Richard which happened in the year 1399. belonging to Edmond Mortimer Earl of March then living and after his death to Anne Mortimer his Sister married to Richard Earl of Cambridge Father to this Richard pretendent Duke of York as hath been said for that this Edmond and Anne Mortimer were Children to Roger Mortimer Son of Philip that was daughter to Duke Leonel which Leonel was elder Uncle to King Richard and before John of Gaunt the younger Brother whose Son took the Crown upon him For the better understanding of which pretence and allegation of the House of York against Lancaster we must note the story following to wit That King Edward the III. seeing in his old age that Prince Edward his eldest Son whom of all his Children he loved most dearly was dead though there wanted not much doubt in some mens heads as after shall be shewed who ought to succeed yet the old man for the exceeding great affection he bare to the dead Prince would hear nothing in that behalf but appointed Richard the said Prince Edwards only Son and Heir to succeed him in the Kingdom and made the same to be confirmed by Act of Parliament and inforced all his Children then alive to swear to the same which were John of Gaunt Duke of Lancaster his third and eldest Son that then lived for Leonel his second Son Duke of Clarence was dead before and Edmond Langley and Thomas Woodstock Earls at that time but after Dukes of York and Glocester and so King Richard Reigned with good obedience of his Uncles and their Children for 20 years together but in the end when he grew insolent and had put to death his Uncle the Duke of Glocester together with the Earl of Arundel and banished many others of the Nobility and among them the Archbishop of Canterbury as also his own Cousin-German Henry Duke of Hertford and after of Lancaster Son and Heir of John of Gaunt and had made many wickedd Statutes as well against the Church and State Ecclesiastical as also to intangle the Realm and Nobility with fained crimes of Treason against his Regality as then he termed them the principal men of the Realm seeing a sit occasion offered by the Kings absence in Ireland called home out of France the foresaid Henry Duke of Lancaster with the Archbishop of Canterbury Earls of Arundel and Warwick and others which were in banishment and by common consent gathered upon the suddain such an Army to assist them in England as they took the King brought him to London and there in a Parliament laying together the intolerable faults of his Government they deprived him of all Regal Dignity as before they had done to his great Grandfather K. Edward the second and then by universal consent of the Parliament and people there present they chose and admitted the said Henry Duke of Lancaster to be their King who continued so all the days of his life and left the Crown unto his Son and Sons Son after him by the space of threescore years until this Richard before named Duke of York made challenge of the same in manner and form as before hath been shewed Now then the story being thus the question is first whether Richard the second were justly deposed or no and secondly whether after his deposition the House of York or House of Lancaster should have entred and thirdly if the House of Lancaster did commit any wrong or injustice at their first entrance to the Crown yet whether the continuance of so many years in possession with so many approbations and confirmations thereof by the Commonwealth were not sufficient to legitimate their right Concerning which points many things are alledged by the favourers of both Families and in the first point touching the lawfulness or unlawfulness of King Richards deposition three Articles especially do seem most considerable to wit about the thing in it self whether a lawful King may be deposed upon just causes and secondly about these causes in King Richards deposition to wit whether they were just or sufficient for deposition of the said King and lastly about the manner of doing iâ— whether the same were good and orderly or not And touching the first of these three points which is that a King upon just causes may be deposed I think both parties though never so contrary between themselves will easily agree and the Civil Lawyer seems to me to have proved it so evidently before throughout his whole dicourse as I think very little may be said against the same For he hath declared if you remember both by reason authority and examples of all Nations Christian that this may and hath and ought to be done when urgent occasions are offered And first by reason he sheweth it for that all Kingly authority is given them only by the Commonwealth and that with this express condition that they shall Govern according to Law and equity that this is the cause of their exaltation above other men that this is the end of their Government the butt of their authority the star and pole by which they ought to direct their stern to wit the good of the people by the weal of their Subjects by the benefit of the Realm which end being taken away or perverted the King becometh a Tyrant a Tyger a fierce Lion a ravening Wolf a publick enemy and a bloudy murtherer which were against all reason both natural and moral that a Common-wealth could not deliver it self from so eminent a destruction By authority also
that seeing rigour of Law runneth only with the Uncle for that indeed he is properly nearest in bloud by one degree and that only indulgence and custom serveth for the Nephew permitting him to represent the place of his Father who is dead they resolve I say that whensoever the Uncle is born before the Nephew and the said Uncle's elder Brother died before his Father as it happened in the case of John of Gaunt and of King Richard there the Uncle by right may be preferred for that the said elder Brother could not give or transmit that thing to his Son which was not in himself before his Father died and consequently his Son could not represent that which his Father never had and this for the Civil Law Touching our Common Laws the favourers of Lancaster do say two or three things first that the right of the Crown and interest thereunto is not decided expresly in our law nor is it a plea subject to the common rules thereof but is superiour and more eminent and therefore that men may not judge of this as of other pleas of particular persons nor is the Tryal alike nor the common maxims or rules always of force in this thing as in others which they prove by divers particular cases as for example the Widow of a private man shall have her thirds of all his Lands for her Dowry but not the Queen of the Crown Again if a private man have many daughters and die seized of Lands in Fee-simple without Heir Male his said daughters by law shall have the said Lands as co-partners equally divided between them but not the daughters of a King for that the eldest must carry away all as though she were Heir male The like also is seen if a Baron match with a Feme that is an Inheritrix and have Issue by her though she die yet shall he enjoy her Lands during his life as Tenant by courtesie but it is not so in the Crown if a man marry with a Queen as King Philip did with Queen Mary and so finally they say also that albeit in private mens possessions the common course of our law is that if the Father die seized of Land in Fee-simple leaving a younger Son and a Nephew that is to say a Child of his Elder Son the Nephew shall succeed his Grandfather as also he shall do his Uncle if of three Brethren the elder die without Issue and the second leave a Son yet in the inheritance and succession of the Crown it goeth otherwise as by all the fotmer eight examples have been shewed and this is the first they say about the common law The second point which they affirm is that the ground of our Common Laws consisteth principally and almost only about this point of the Crown in custom for so say they we see by experience that nothing in effect is written thereof in the common law and all old Lawyers do affirm this point as were Ranulfus de Granvilla in his books of the laws and customs of England which he wrote in the time of King Henry the second and Judge Fortescue in his book of the praise of English laws which he compiled in the time of King Henry the sixth and others Whereof these men do infer that seeing there are so many presidents and examples alledged before of the Uncles case preferred before the Nephew not only in foreign Countries but also in England for this cause I say they do affirm that our common laws cannot but favour also this title and consequently must needs like well of the interest of Lancaster as they avouch that all the best old Lawyers did in those times and for example they do Record two by name of the most famous learned men which those ages had who not only defended the said title of Lancaster in those days but also suffered much for the same The one was the forenamed Judge Fortescue Chancellor of England and named Father of the common laws in that age who fled out of England with the Queen Wife of King Henry the sixth and with the Prince her Son and lived in banishment in France where it seemeth also that he wrote his learned book intituled de laudibus legum Angliae And the other was Sir Thomas Thorpe chief Baron of the Exchequer in the same Reign of the same King Henry the sixth who being afterward put into the Tower by the Princes of the House of York for his eager defence of the title of Lancaster remained there a long time and after being delivered was beheaded at High-gate in a tumult in the days of King Edward the fourth These then are the allegations which the favourers of the House of Lancaster do lay down for the justifying of the title affirming first that John of Gaunt Duke of Lancaster ought to have succeeded his Father King Edward the third immediately before King Richard and that injury was done unto him in that King Richard was preferred And secondly that King Richard were his right never so good was justly and orderly deposed for his evil Government by lawful authority of the Commonwealth And thirdly that after his deposition Henry Duke of Lancaster Son and Heir of John of Gaunt was next in succession every way both in respect of the right of his Father as also for that he was two degrees nearer to the King deposed then was Edmond Mortimer descended of Leonel Duke of Clarence and these are the principal and substantial proofs of their right and title But yet besides these they do add all these other arguments and considerations following first that whatsoever right or pretence the House of York had the Princes thereof did forfeit and lose the same many times by their conspiracies rebellions and attainders as namely Richard Earl of Cambridge that married the Lady Anne Mortimer and by her took his pretence to the Crown was convicted of a conspiracy against King Henry the fifth in Southampton as before I have said and there was put to death for the same by Judgment of the King and of all his Peers in the year 1415. the Duke of York his elder Brother being one of the Jury that condemned him This Earl Richards Son also named Richard coming afterward by the death of his Uncle to be Duke of York first of all made open claim to the Crown by the title of York But yet after many oaths sworn and broken to King Henry the sixth he was attainted of Treason I mean both he and Edward his Son then Earl of March which afterward was King with the rest of his off-spring even to the ninth degree as Stow affirmeth in a Parliament holden at Coventry in the year 1459. and in the 38. year of the Reign of the said King Henry and the very next year after the said Richard was slain in the same quarrel but the House of Lancaster say these men was never attainted of any such
Polit. Diversity of Government in divers Countries and Times Rome Africa and Greece Italy Dukes for Kings and Kings for Dukes Spain Bohemia Polonia England The Jews lib. Genes Lib. Exo. Lib. Job Lib. Jud. Lib. 1. Reg. Lib. Machab The Realm chuseth her Form of Government The Commonwealth limiteth the Governours Authority A Natural Prince A Monarchy the best Government Arist. lib. 4. pol. a. c. 9. Seneca Plutarch The Antiquity of Monarchy 1 Reg. 8. Dionys. Haly l. 5. Cornel. Tacit. l. 3. Cicero l. 1. Offic. Hierom. l. 2. epist. 12. Chrisost. ho. 23. 1 Pet. 2. Two Points to be noted How St. Peter calleth a King most excellent Utilites of a Kingdom and conveniences of other Governments Cicero l. 1. offic Democratia Miseries of Popular Government in Italy Tit. liv l. 30. Eutrop. l. 3. Oros. l. 5. 6. The cause why Laws be added to Kings Arist. l. 3 pol. c. vitâ— A notable Saying Arist. l. 3â— pol. c. 12. Arist. l. 1. Pol. c. 2. Divers â—â—â—nes and properties of Laws Cic. lib. 2. Offic. Law is the Discipline of a weal publick Psal. 2. The Counsels of Princes a great help Arist. l. 4. Pol. c. 10. The Monarchy of England temper'd The restraints of Kingly power in all Estates Roman Kings Liv. lib. 1. dâ—c 1. Greâ—ian Kings Arist. lib. 2. c. 8. polit Plutarch in Lycurg Cic. l. â— Offic. Why Kiâ—â— were restrained Laws Cic. l. 3. de legibuâ— Why Kinâ—â—ly Goverâ—â—ment we left in Rome Titus Livâ—â—â—us l. 1. dec 8. Livius ibidem Restrain's of Kingdoms in Europe Sleydon lib. 8. Aâ— 1532. Blond Dâ—â—cad 2. l. Crant li. cap. 25. Kingdoms of Polonia and Bohemia Her l. 9. Hist. Polonia Cromerus l. 3. Hist. Polon Kings of Spain France and England Concil blet 4. c. 74. concil s. c. 3. Peculiar manner of Succession An. 1340. Paul Anil Hist. Franc. l. 2. Gerard du Hailan l. 4. Hist. Franc. Fran. Belfor l. 5. c. 1 An. 1327. Reason for Succession of Women The Infanta of Spain and Prince of Lorrain Gerard dâ— Hailain lib. 13. Hiâ—â— Franc. c An. 1317 lib. 14 An. 132â— lib. 3. dâ— l'Estat de frunce Kings lawfully possessed may be deprived A markable circumstance Against Rebillions People and contemnorâ— of Princes 2 Pet. 2.10 Jude 8. Titles of Princes once settled not to be examined by private men Against flatterers that yield too much power to Princes Absurd flateries uttered by Belloy and others Belloy in apolog Cath. apolog pro Rege The purpose of the next Chapter Two points to be proved Nothing hear spoken against due respect to Princes ☜ Deprivations of Kings recounted in Scripture ☜ 1 Reg. 31. 4 Reg. 21.44 King Josias 2 Paralip 34. 2 Paralip 35. King David Xenophon in Cyropaed Ni. Machâ— l. 2. c 2. â— Tit. Liviâ— August l. de Gran. The wisdome and piety of King David 1 Paralipâ— 15. 1 Psal. 22â— 25. The Arms King David His Valour in Chivalry King David ' s Victories 2 Reg. 8. 1 Paral. 18 2 Reg. 23. Joseph l. 7. antiq c. 10 2 Reg. 7. His Humiliâ—y Charity and Devotion Kings put down among the Romans and what Successors they had Halicar l. 1 Tertul. l. de praescrip contra haeres Justin. martyr apolog T it liv l. 1 dec 1. Eutrop. l. 1 Caesar Augustus Dion in Caesa. Sueton in Câ—esa Nero Vespatian Cornel. Tacit. lib. 10 81. Egesip l. 5 Entrop in vita Caesa. Heliogabalus An. Domâ— 124. Alius lamp in vita Heliog Alexander Severus Herod in vit Sever Maxentius Constantin The bhange of the East Empire Charles the Great An. 800. Two chanâ—gs in France Belfori l. â— Girard l. â— Aemil. l. 2 Clem. Caudin en la Chroâ—nique des Roys de France Reasons Deprivation Hugo Capet Anno 988. Examples of Spain Concil Tolet. 4. cap. 4. Ambros. moral l. 11 cap. 17. Isidor in Hist. Hispan Estevan â— Garibay 13. de la â— Hist. de â—spa c. 1 Tabulae Astron. Alfonsinae King Don Alonso deposed Don Pedrâ— Crâ—el deposed Garibay l. 14. c. 40.41 In Portugal King Don Sancho 2. deposed Garibay lib. 4. de Hist. Portug c. 19. Lib. 6. dâ—â—â—cret tit de suppleâ— da cap. Grand 1. Garibay in Hist. dâ— Portug 〈◊〉 34. cap. 2. The Emperrors of Greece Galicas in Annal. part 4. Zon. Annal co 3. in vita Michael Calapha In Polonia In literis reip Polon ad Henr. Valesium pag. 182.184 Vide Gagneum part 1. de rebus Polon In Suetia Poilin 1.32 Histor de Franc. An. 1568. In Denmark Sleydanâ— l. 4. Hisâ— An. 133â— Munst. 〈◊〉 Cosmogâ— descript Davide Paulus â— vius in ris illust Example of England King Joâ—â— Deposed Polid. hiâ—â— Ang. l. 1â— An. 121. An. 1216. An. 1216. King Henry the third King Edward the second deposed Polyd. l. 18 Hist Ang. An. 1386. Stow in the Life of K. Edward the second The manner of Deprivation of a King See Stow and Hollings in this man's Life King Edward the third King Richard the second Deposed Polyd. l. 20. Hist. Aug. 1399. King Henry the 6th Deposed Polyd. lib. 23. Hist. Anglic. K. Richâ— the thiâ—â— deposedpunc An. 1â— A poâ—â— much noted The reply of the Temporal Lawer Belloy apolog Cathol c. part 2. Paragraph 9. Apol. pro. Regâ—â— cap. 9. An objection out of the Prophet Samuel 1. Reg. 8. The Power of a King or rather of a Tyrant Belloy polog pâ— 2. Paraâ— Apolâ— rege câ— 2.4 c Great aâ—surditieâ— flateriesâ— Cic. lib. 2. offic Another absurdity Institut imperial l. 2. Tit. 1. Division of goods by Civil Law Slaves and Freemen Arist. l. â— pol. c. 4 â— Arist. l. â— c. 3. Mark the Reason Divers evident reasons against Belloy 3 Reg. 21. Cap. inovamus 10. de cauebus c. super quibusdam 26. §. de verborum signif An Answer to the Objection out of the Prophet Samuel Arist. l. pol. c. 1â— Joseph l. â— antiq c. â— Deut. 1â— 3 Reg. 10. Psal. 2. By what Law Princes are punished The difference beween a private man and a Common-wealth The Prince Authority but subdelegat In reguliâ— utrinque juris vide in sine sexti Decret reg 75.69 When an Oath bindeth not Cicero li. 1. Offic. A clear Example Math. 24. Regul 68. in sine 6. Decret Decret Greg. l. Tit. 24. Decret part 2. caâ— sa 22. quâ— 4. c. 5. â— quâ— 5. perâ—â—totuâ— Two principle cases when Oath hold not â—â—wards a Prince Aemil. l. 2. Hist. Franc. Belfor in vita Childer Girad lib. 3. The Speech of the Fren. Embassador for deprivation of their King The conclusion how when Oaths do not bind Subjects The difference between a King and a Tyrant Plat. dial 1. de repub Arist. li. 2. Pol. c. 5. Bart. li. de Tyrannide Cicero li. 3. de legibus God l. 1. Tit. 14 §. digna Suet. c. 23. in Calig Zoo tom 2 in Trainâ— See in the Chapter following The Speech of a Souldier The occasion of the next Chapter The