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A43135 The right of succession asserted against the false reasonings and seditious insinuations of R. Dolman alias Parsons and others by ... Sir John Hayward ... ; dedicated to the King ; and now reprinted for the satisfaction of the zealous promoters of the bill of exclusion. Hayward, John, Sir, 1564?-1627. 1683 (1683) Wing H1233; ESTC R11039 98,336 190

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Duty That which you report also that Thomas Becket did write unto King Henry the Second importeth nothing else but an acknowledgment 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 is sworn then the Archbishop declareth to the people what he hath sworn and demandeth if they be content to submit themselves unto him under those conditions whereunto they consenting he putteth on the Royal Ornaments and then addeth the words of commission Stand and hold thy place and keep thy Oath And thus you have hammered out a formal Election supposing that you draw together the pieces of falshood so close that no man can perceive the s●am The truth is that King Henry the Fourth being not the nearest in Bloud to the inheritance of the Crown 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 us first in joyning them together as one Act secondly by falsifying divers points in both lastly by insinuating that the same order was observed 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 alleadging also out of Stow 1. That the Archbishop did read unto the people what the King was bound unto by Oath 2. That the Earl of Northumberland did shew a Ring unto the people that they might thereby see the Band whereby the King was bound unto them 3. That the King did pray that he might observe his promise In whi●h composition of Conceits you shew how active you are in counterfeiting any thing that may make to your purpose perswading your self that it is no fraud unto God to deceive the World in a lye for advantage King Edward the Fourth also because his Right was litigious and another was in possession of the Crown 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 Queen Mary and Queen Elizabeth the consent and acceptation of the people was demanded First we have no cause to credit any thing that you say then although it be true yet not being done in Parliament it addeth no right unto the Prince but is onely a formality a circumstance onely of Ceremony and Order Hereupon you conclude that a King hath his authority by agreement and contract between him and the people insinuating thereby that he loseth the same if he either violate or neglect his word The contrary opinion that onely succession of Bloud maketh a King and that the consent of the people is nothing necessary you affirm to be absurd base and impious an unlearned fond and wicked assertion in flattery of Princes to the manifest ruine of Commonwealths and perverting of all Law Order and Reason I did always foresee that your impostumed stomach would belch forth some loathsome matter But whosoever shall compare this confident conclusion with the proofs that you have made he will rather judge you mad than unwise This bold blast upon grounds that are both foolish and false bewrayeth rather want than weakness of wits I am ashamed I should offer any further speech in so evident a truth but since I have undertaken to combate an Heresie since the matter is of so great consequence and import I purpose once again to give you a Gorge Learn then heavy-headed Cloisterer unable to manage these mysteries of State learn of me I say for I owe this duty to all Christians the Prophets the Apostles Christ himself hath taught us to be obedient to Princes though both Tyrants and Infidels This ought to stand with us for a thousand reasons to submit our selves to such Kings as it pleaseth God to send unto us without either judging or examining their qualities Their hearts are in Gods hand they do his service sometimes in preserving sometimes in punishing us they execute his judgment both ways 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 look unto it let them assuredly expect that God will dart his vengeance against them with a most stiff and dreadful arm In the mean season we must not oppose our selves otherwise than by humble suits and prayers acknowledging that those evils are always just for us to suffer which are many times unjust for them to do If we do otherwise if we break into tumult and disorder we resemble those Giants of whom the Poets write who making offer to scale the Skies and to pull Iupiter out of his Throne were overwhelmed in a moment with the Mountains which they had heaped together Believe it Cloisterer or ask any man who is both honest and wise and he will tell you It is a Rule in Reason a Tryal in Experience an Authority confirmed by the best That Rebellion produceth more horrible effects than either the tyranny or insufficiency of any Prince An Answer to the sixth Chapter whereof the title is 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 Commonwealth and how justly he may be put back if he hath not the parts requisite YOu begin after your manner with a carreer against Billay but because both I have not seen what he hath written and dare not credit what you report I will not set in foot between you In breaking from this you prefer Succession of Princes before free Election as well for other respects as for the pre-eminence of Ancestry in birth which is so much priviledged in the Scripture and yet not made so inviolable you say but upon just causes it might be inverted as it appeareth by the examples of Iacob Iudah and Solomon And this liberty you hold to be the principal remedy for such inconveniencies as do ensue of the course of Succession as if the next in birth be unable or pernicious to govern in which cases if he be not capable of directions and counsels you affirm that the remedy is to remove him And so you make Succession and Election the one to be a preservative to the other supposing that the difficulties of both are taken away First if ordinarily Succession taketh place then if upon occasion we give allowance to Election For the Prerogative of Birth as also for the special choice which God hath often made of the youngest I will remit my self to that which I have written before At once in those particular actions which God hath either done or by express Oracle commanded contrary to the general Laws which he hath given us as in the Robbery of the Egyptians the extirpation of the Amalekites
of God forget to pursue revenge For albeit King Edward his Son enjoyed both a long and prosperous Reign yet his next Successor King Richard the second was in the like violent manner imprisoned deprived and put to death I will prosecute the successive revenge which hereof also ensued being a strange matter and worthy to be rung into the ears of all Ages King Henry the Fourth by whom King Richard was deposed did exercise the chiefest Acts of his Reign in executing those who conspired with him against King Richard His Son had his Vertue well seconded by Felicity during whose Reign by means of the Wars in France the humour against him was otherwise employed and spent but his next Successor King Henry the Sixth was in the very like manner deprived and together with his young Son Edward imprisoned and put to death by King Edward the Fourth This Edward died not without suspicion of poyson and after his death his two Sons were in like manner disinherited imprisoned and murthered by their cruel Unkle the Duke of Gloucester who being both a Tyrant and Usurper was justly encountred and slain by King Henry the Seventh in the field So infallible is the Law of Justice in revenging Cruelties and Wrongs not always observing the presence of times wherein they are done but often calling them into reckoning when the Offenders retain least memory 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 suddenly raised and at once but by very cunning and artificial degrees But examine his actions without distempred judgment and you will not condemn him to be exceeding either insufficient or evil weigh the Imputations that were objected against him and you shall find nothing either of any truth or of great moment Hollingshead writeth that he was most unthankfully used by his Subjects for although through the frailty of his youth he demeaned himself more dissolutely than was agreeable to the Royalty of his estate yet in no Kings days the Commons were in greater wealth the Nobility more honoured and the Clergy less wronged who notwithstanding in the evil-guided strength of their Will took head against him to their own headlong-destruction afterward partly during the Reign of King Henry his next Successor whose greatest Atchievements were against his own people but more especially in succeeding times when upon occasion of this disorder more English bloud was spent than was in all the forraign Wars which had been since the Conquest Three causes are commonly insinuated by you for which a King may be deposed Tyranny Insufficiency and Impiety But what Prince could hold his State what People their Quiet assured if this your Doctrine should take place How many good Princes doth Envy brand with one of these marks What action of State can be so ordered that either blind Ignorance or set Malice will not easily strain to one of these heads Every execution of Justice every demand of Tribute or Supply shall be claimed Tyranny every infortunate Event shall be exclaimed Insufficiency every kind of Religion shall by them of another Sect be proclaimed Impiety So dangerous it is to permit this high power to a heedless and headless Multitude who measure things not by Reason and Justice but either by Opinion which commonly is partial or else by Report which usually is full of uncertainties and errours the most part doing because others do all easie to become slavish to any mans ambitious attempt So dangerous it is to open our ears to every foolish Phaeton who undertaking to guide the Chariot of the Sun will soon cast the whole Earth into combustion You proceed that King Henry the Sixth was also deposed for defects in Government Let us yield a little to you that you may be deceived a little that you may be carried by your affections How can you excuse these open untruths wherein it cannot be but the Devil hath a finger You cannot be ignorant that the onely cause which drew the Family of York into Arms against King Henry was the Title which they had unto the Crown by vertue whereof it was first enacted That Rich. Duke of York should succeed King Henry after his death but for that he made unseasonable attempts he was declared by Parliament incapable of succession and afterwards slain at the Battel of Wakefield Then Edward his Son prosecuting the enterprize and having vanquished King Henry at the Battle of St. Albans obtained possession of the State caused King Henry to be deposed and himself to be proclaimed and Crowned King Afterward he was chased out of the Realm and by Act of Parliament both deprived and disabled from the Crown Lastly he returned again and deprived King Henry both from Government and from Life It is true that some defects were objected against King Henry but this was to estrange the hearts of the people from him The main cause of the War did proceed from the right of the one party and possession of the other The contrariety of the Acts of Parliament was caused by the alternative Victories of them both Your last example is of King Richard the Third of whom you write First that although he sinned in murthering his Nephews yet after their death he was lawful King Secondly that he was deposed by the Common-wealth who called out of France Henry Earl of Richmond to put him down Philosophers say that dreams do commonly arise by a reflection of the phansie upon some subject whereof we have meditated the day before It may be that your drowsie conceit was here cast into a dream of that whereon it had dozed in all this Chapter Or at the best that you are like unto those who have so often told a lie that they perswade themselves it is ture King Edward the fourth left other children besides those that were murthered the Duke of Clarence also who was elder Brother to King Richard left Issue in life all which had precedence of right before him And as for the second point tell me I pray you by what Parliament was King Richard deposed where did the States assemble when did they send for the Earl of Richmond to put him down by what Decree by what Messengers There is no answer to be made but one and that is to confess ingenuously that you say untrue and that it is your usual manner of deceiving to impute the act of a few unto all and to make every event of Arms to be a judicial proceeding of the Common-wealth For it is manifest that the Earl of Richmond had his first strength from the King of France and that after his descent into England more by half both of the Nobility and common people did stand for King Richard than stir against him You adjoyn for a special consideration that most excellent Princes succeeded these whom you affirm to be deposed I will not extenuate the excellency of any Prince but I
your imaginary Audience to applaud your Opinion as worshipfully wise you proceed to declare what ought chiefly to be regarded in furthering or hindering any Prince towards the Crown Three Points you say are to be required in every Prince Religion Chivalry and Justice And putting aside the two last as both handled by others and of least importance you assume onely to treat of Religion wherein either Errour or Want doth bring inestimable Damage to any State You draw a long Discourse That the highest End of every Commonwealth is the Service and Worship of God and consequently That the Care of Religion is the principal Charge which pertaineth to a King And therefore you conclude That whatsoever Prince doth not assist his Subjects to attain this End omitteth the chief part of his Charge and committeth High Treason against his Lord and is not fit to hold that Dignity though he perform the other two Parts never so well And that no Cause can so justly clear the Conscience whether of the People or of particular Men in resisting the Entrance of any Prince as if they judge him faulty in Religion This is neither nothing nor all which you say In Elective States the People ought not to admit any Man for King who is either cold or corrupt in Religion but if they have invested such a one with Sovereign Authority they have no Power at pleasure to remove him In Successive Kingdoms wherein the People have no Right of Election it is not lawful for Private Men upon this cause to offer to impeach eith●r the Entrance or Continuance of that King which the Laws of the State do present unto them not onely because it is forbidden of God for that is the least part of your regard but because disorderly Disturbance of a setled Form in Government traineth after it more both Impieties and Dangers than hath ever ensued the Imperfections of a King I will come more close to the Point in controversie and dispel those foggy Reasons which stand between your Eye and the Truth There are two Principal Parts of the Law of God the one Moral or Natural which containeth three Points Sobriety in our selves Justice towards others and generally also Reverence and Piety towards God The other is Supernatural which containeth the true Faith of the Mysteries of our Salvation and the special kind of Worship that God doth require The first God hath delivered by the Ministry of Nature to all Men the second he doth partly reveal and partly inspire to whom he pleases and therefore although most Nations have in some sort observed the one yet have they not onely erred but failed in the other During the time of the Law this peculiar Worship of God was appropriate onely to the People of Israel in a corner Kingdom of the World The flourishing Empires of the Assyrians Medes Persians Aegyptians Graecians Syrians and Romans either knew it not or held it in contempt The Israelit●s were almost always in subjection under these both Heathen and Tyrannical Governments and yet God by his Prophets enjoyned them Obedience affirming That the Hearts of Kings were in his Hands and that they were the Officers of his Justice the Executioners of his Decrees In the time of Grace the true Mysteries both of Worship and Belief were imparted also to other Nations but the ordinary Means to propagate the same was neither by Policy nor by Power When St. Peter offered provident Counsel as he thought unto Christ advising him to have care of himself and not to go to Hierusalem where the Iews sought to put him to death Christ did sharply reprove him for it When he did draw his Sword and therewith also drew Blood in defence of Christ he heard this Sentence They that take the sword shall perish with the sword Christ armed his Apostles onely with Fiery Tongues by force whereof they maintained the Field against all the Stratagems and Strength in the World And when Princes did not onely reject but Persecute their Doctrine they taught their Subjects obedience unto them they did both encounter and overcome them not by resisting but by persisting and enduring This course seemeth strange to the discourse of Reason to plant Religion under the Obedience of Kings not only careless thereof but cruel against it but when we consider that the Jews did commonly forsake God in prosperity and seek him in distress that the Church of Christ was more pure more zealous more entire I might also say more populous when she travelled with the Storme in her Face then when the wind was either prosperous or calme that as S. Agustine saith●s Want or weakness of faith is usually Chastised with the Scourges of tribulations We may learn thereby no further to examin but to admire and embrace the unsearchable wisdom and will of God Seeing therefore that this is appointed the odinary means both to establish and encrease Religion may we adventure to exchange it with humane devices Is it the Servants duty either to contradict or dispute the Masters commandement is there any more ready way to prove an Heretick then in being a curious questionist with God is he bound to yield to any man a reason of his will It is more then presumption it is plain Rebellion to oppose our reason against his order against his decree It standeth also upon common Rules That which is contrary to the nature of a thing doth not help to strengthen but destroy it It is foolish to add external stay to that which is sufficient to support it self It is senceless to attempt that by force which no force is able to effect That which hath a proper Rule must not be directed by any other And this was both the Profession and practice of the antient Fathers of the Church as I have declared before whereto I will here add that which S. Ambrose saith Let every man bear it patiently if it be not extorted from the Emperor which he would be loath the Emperor should extort from him And lest they might be interpreted not to mean obedience as well to succession as to present Power they alledge that which the Captive Jews of Babylon did write to the tributary Jews which were at Ierusalem to pray for the life not only of Nebuchodonosor the King of Babylon but also of Baltasar his Son the next Successor to his Estate But in latter times Innocentius hath taught and is also seconded by Castrensis that love is a just cause to move armes for matters of Religion Under which pretence divers men have pursued their own private purposes and ends Guicciardine writeth that Firdinand who was called the catholick did cover all his covetous and ambitious desires with the honest and holy vail of religion the like doth Iovius report of Charles V. Emperour Paulus Emilius writeth thus of all every man professeth his war to be holy every man termeth his enemies impious sanctity and piety is
to the Empire of the Romans So the Tartarians commit absolute power both over their lives and their livings to every one of their Emperors and so have our People many times committed to their King the Authority of the Parliament either generally or else for some particular case For it is held as a rule that any man may relinquish the Authority which he hath to his own benefit and favor Neither is he again at pleasure to be admitted to that which once he did think ●it to renounce And as a private man may altogether abandon his free estate and subject himself to servile condition so may a multitude pass away both their Authority and their liberty by publick consent The second is by prescription and custom which is of strength in all parts of the world least matters should always float in uncertainty and controversies remain immortal And that this Authority of the People may be excluded by prescription it is evident by this one reason which may be as one in a third place of Arithmetick in standing for a hundred Every thing may be prescribed wherein prescription is not prohibited But there is no Law which prohibiteth prescription in this case and therefore it followeth that it is permitted And generally custom doth not only interpret Law but correcteth it and supplyeth where there is no Law in so much as the common Law of England as well in publick as private controversies is no other a few maxims excepted but the common custom of the Realm Baldus saith that custom doth lead succession in principalities which Martinus adviseth to ●ix in memory because of the often change of Princes and the particular custom of every Nation is at this day the most usual and assured Law between the Prince and the Pe●ple And this do the Emperors Honor us and Arcadius in these words command punctually to be observed Mos namque retinendus est fidelissimae vetustatis the custom of faithful Antiquity must be retained Which place is to this sense ballanced by Pau. Caestrensis Franc. Aretinus and Phil. Corneus who termeth it a moral text The like whereto is found also in the Canon law and noted by the Glossographer Archidiaconus Romanus and Cepola Neither were the Fathers of the Nicene Councel of other Opinion who thus decreed Let antient customs stand in strength Whereto also agreeth that old Verse of Ennius Moribus antiquis res stat Romana virisque Customs and men of oldest sort The Roman State do best support Which is cited by Saint Austin and esteemed by Cicero both for brevity and truth as an Oracle To the same sense Periander of Corinth said that old Laws and new Meats were fittest for use which saying Phavorinus in Gellius did in this manner a little vary Live after the passed manner speak after the present Hereto also pertaineth that edict of the censors mentioned by Sueton●us and Aul. Gellius Those things which are beside the custom and fashion of our Elders are neither pleasing nor to be adjudged right Of this point I shall have occasion more particularly hereafter to write The third means whereby the People may loose their Authority is by way of conquest For howsoever Saint Augustine and after him Alciate do disallow ambition of enlarging Empire and term Wars upon this cause great Theeveries Whereupon Lucane and his Uncle Seneca called Alexander the Great a great robber of the World yet there is no doubt but the sentence of victory especially if the War was undertaken upon good cause as the Conqueror being made his own Arbitrator will hardly acknowledge the contrary is a just title of acquisition reducing the vanquished their priviledges liberties and whole Estate under the discretion of him that is victorious Caesar saith He giveth all that denieth right Which sentence is approved by Covaruvias affirming that the victor maketh all which his sword toucheth to be his own So saith Baldus that he doth his pleasure upon the vanquished and again Caesar in the speech of Ariovistus it is the Law of Arms that the victorious should command those whom they have subdued even as they please Clemens Alexandrinus saith that the goods of Enemies are taken away by right of war Isocrates hath written that the Lacedaemonians did by title of victory in this sort maintain their right We hold this Land given by the Posterity of Hercules confirmed by the Oracle of Delphos the inhabitants thereof being overcome by War Which was not much unlike that which Iephte captain of Israel expostulated with the Ammonites Are not those things thine which Chamos thy God hath possessed but whatsoever the Lord our God hath conquered pertaineth unto us Yea God doth expresly give to the People of Israel the Cities which they should subdue some into full possession others into servitude and subjection By w●ich title Iacob also had given to Ioseph his part●ge among his brethren even the La●d which he had taken from the Amorites with his sword and with his bow It was usual to the Romans and as Appian saith just to retain principal or direct Dominion in all things which they brought under the sway of their sword Brissonius hath collected certain examples of the form of yielding unto the Romans whereby all prophane and sacred all human and divine matters were submitted unto them Seeing therefore that the people may so many ways loose both their power and their right in affairs of state is not your ignorance adventurous so generally to affirm that if no one form of Government be natural there is no doubt but the people have power both to alter and limit the same as they please Can no Law no custom no Conquest restrain them Your pen doth range and your judgment rage beyond all compass and course of rea●on You should have said that there is no doubt but if by all or any of these means the right both of succession and governm●●t be setled in one family according to pr●●●●quity and priority of blood the people may neither take away nor varie the same and if they do they commit iniustice they violate the law of nations whereby they expose themselvs not only to the infamie and hate of all men but to the revenge of those who will attempt upon them For it is not only lawful but honorable for any people either to right or reveng the breach of this Law against them which contemn it as monsters against them who know it not as beasts Saint Augustine saith If a City upon earth should decree some great mischiefs to be done by the decree of mankind it is to be destroyed And as in the state of one countrey any man may accuse upon a publick crime so in the state of the world any people may prosecute a common offence for as there is a civil band among all the People of one Nation so is there a natural Knot among all men in the
in popular Governmens there is nothing but sedition trouble tumults outrages and injustices upon every light occasion and then we shall perceive first that you want the art of a wise deceiver not to be entangled in your tale Secondly that this is mere poyson which the Devil hath dropt out of your Pen to infect Christian Countries with disobedience and disorder In a word to the contrary of this your impudent untruth our Laws do acknowledge supreme authority in the Prince within the Realm and Dominions of England neither can Subjects bear themselves either superiour or equal to their Soveraign or attempt violence either against his person or estate but as well the Civil Law as the particular Laws and Customs of all Countries do adjudge it high and hainous Treason I will speak now without passion What reason have we to accept your idle talk for a kind of authority against the Judgment and Laws of most Nations in the world You proceed that the power of a Prince is given to him by the Commonwealth with such conditions and exceptions as if the same be not kept the people stand free That the Prince receiveth his power under plain conditions you go about to prove afterward now you hold on that in all mutual contracts if one side recede from promise the other remaineth not obliged And this you prove by two Rules of the Law The first is He doth in vain require promise to be kept of another man to whom he refuseth to perform that which he promised The other is A man is not bound to perform his Oath if on the other part that be not performed in respect whereof he did swear Poor fellow had you been as conversant in the light of Law and clear course of Justice as you are in the smoak and dust of some corner of a Colledge you would never have concluded so generally so confidently upon any of the Rules of Law which are subject for the most part unto many exceptions Alexander Felinus do assign five fallencies unto these Rules Socinus giveth the contrary Rule To him that breaketh his faith or oath faith ought to be kept and then restraineth it with seven limitations But all affirm that in those offices which are mutual between any persons by the Law of Nature or of God as between the Father and the Child the Husband and the Wife the Master and Servant the Prince and the Subject although the same be further assured by Promise or by Oath the breach of duty in the one is no discharge unto the other And therefore if the Father performeth not his duty towards his Children they are not thereby acquitted both of the obedience and care which God and Nature exacteth of them howsoever Solon in his Laws discharged Children from nourishing their Parents if they did not train them in some Trade whereby they might acquire their living Much less are Subjects exempted from Obedience if the Prince either erre or be defective in Government because the like respect is not due unto Parents as unto Princes as I have somewhat touched before insomuch as a Son that beareth authority hath right both to command and compel the Father This was declared among the Romans by that which Plutarch Livie Valerius and Gellius do report of Q. Fabius to whom being Consul when Fabius Maximus his Father who had been Consul the year before did approach sitting upon his Horse the Son commanded him by a Sergeant to alight the Father not onely obeyed but highly commended both the Courage and Judgment of his Son in maintaining the Majesty which he did bear and in preferring a publick both Duty and Authority before private Upon those examples Paulus the Lawyer did write that publick discipline was in higher estimation among the Roman Parents than the love of Children After an impertinent discourse that upon divers considerations an Oath ought not to be performed you annex another cause wherefore Subjects may withdraw their Allegeance and that is when it should turn to the notable damage of the Commonwealth And both these you affirm to be touched in the deprivation of Childerick King of France But I regard not what was touched in the deprivation of Childeric I have answered to that in the Chapter next before I require either Arguments or Authority of more tough temper Well then let us turn back the leaf and there we shall find a Rule of the Law because by Rules only you will only beat down Rule In evil promises it is not expedient to keep faith Which is also confirmed by a sentence of Isid●rus In evil promises break your word in a dishonest oath change your purpose Well fare your wits good soul Do you account the promise of obedience evil not so I suppose you will say but it turneth to be evil when it turneth to the notable detriment of the Commonwealth It is one of your peculiar gifts the further you go the more impious you declare your self For if you take the word evil in no higher sence than for detriment and dammage it would follow upon your rule that a man were no further tied to his promise than the performance thereof were advantageable unto him You would enforce also that if the Father doth dissipate his patrimonial Estate and run a course to ruine his Family the Children and the Wife may thereupon disavow their duties But if we take a true touch of this point we shall find that the vices of any Prince are not sufficient of themselves to overthrow a State except thereupon Rebellions be raised which will draw all things into confusion For there is no Prince which either hath lived or can almost be imagined to live in so little sence of humanity but generally he both favoureth and maintaineth some order of Justice only against particular persons some of them have violently been carried by the tempest of their passion whereby notwithstanding the inordinate desires of one man cannot possibly reach to the ruine of all So saith Suetonius that under Domitian the provinces were well governed only certain private men at Rome felt the evil of his cruelty and other vices But when the people do break into tumult then all course of Justice is stopped then is either assistance made or resistance weakned for forain Invasion then is every one raised into hope who cannot fly but with other mens Feathers then as when a fierce Horse hath cast his Rider the Reins are loosed to those insolencies which a dissolute people nothing restrained either by honesty or ●●ar do usually commit For as it is the nature of men when they come ou● of one extremity wherein they have been holden by force to run with a swift course into another without staying in the midst so the people breaking out of Tyranny if they be not hold back will run headlong into unbridled liberty and the harder
the insurrection of Iehu and such like we are bound to the Law and not to the Example God hath given us a natural Law to prefer the first-born he hath often made choice of the youngest because he commonly worketh greatest effects by means not onely weak but extraordinary as it appeareth by the birth of Isaak But that these special Elections of God are not proposed for imitation to us hereby it is evident because they have been for the most part without defect in the one or demerit in the other And especially in this example of Iacob and Esau St. Paul saith that it was not grounded upon their works but upon the will and pleasure of God for before they had done good or evil before they were born God said The eldest shall serve the youngest Which if we might imitate the priviledge of birth were given in vain For your device in joyning Election to Succession whereby one of them should remedy the difficulties of the other it is a meer Utopical conceit What else shall I term it an imposture of State a Dream an Illusion fit only to surprise the judgement of the weak and ignorant multitude These toys are always hatched by the discoursive sort of men rather than the active being matters more in imagination than in use and herein two respects do principally oppose against you The first is for that in most Nations of the world the people have lost all power of Election and Succession is firmly setled in one discent as before I have declared The second is for that more fiery factions are hereby kindled than where Succession or Election are meer without mixture For where one claimeth the Crown by Succession and another possesseth it by Title of Election there not a disunion only of the people not a division in arms but a cruel throat-cutting a most immortal and mercyless butchery doth usually ensue It is somewhat inconvenient I grant to be governed by a Prince either impotent or evil but it is a greater inconvenience by making a breach into this high point of State to open a way to all manner of ambitions perjuries cruelties and spoil whereto the nature of the common-people would give a great furtherance who being weak in Wisdom violent in Will soon weary of quiet always desirous of change and most especially in matters of State are easily made serviceable to any mans aspiring desires This I have manifested before by the examples of King Edward and King Richard both surnamed the Second who were not insupportable either in nature or in rule and yet the people more upon wantonness than for any want did take an unbridled course against them And thus is your high Policy nothing else but a deep deceipt thus whilst you strive with the wings of your wit to mount above the Clouds of other mens conceit you sink into a sea of absurdities and errours After this you determine two questions The first is What respect is to be attributed to propinquity of bloud only Whereto you answer that it is the principal circumstance which leadeth us to the next Succession of the Crown if other circumstances and conditions do ●oncur which were appointed at the same time when the Law of Succession was established Assuredly you can never shew either when or by whom this Law of Succession was first instituted except perhaps by some Nimrod when he had brought the neck of a people under his sword at which time what conditions he would set down to be required from his Successour any ordinary judgment may conjecture at ease Well since you set us to seek for proof of this to that which you have written before I will also send you back to the same place for your answer The second question is What interest a Prince hath to his Kingdom before he be Crowned This you resolve by certain comparisons and first you write that it is the same which the German Emperour hath before his Coronation But that is so large that some Emperours have never been Crowned others have deferred it for many years among which Crantzius writeth that Otho the First received the Crown of the Empire in the eight and twentieth year of his Reign And yet is not this comparison full to the question propounded because in elective States there is not held one perpetual continuance of Royalty as is in those that are successive And Panormitane saith That an argument a similibus is not good if any difference can be assigned Much more unfitly do you affirm that it is no greater than a Mayor of London hath in his Office before he hath taken his Oath For it is odiously absurd to compare the Authority of an absolute Prince by succession to the Authority of an Officer both elective and also subject But it is the example of marriage you say whereby this matter is made more plain for as in this contract there is an espousal by promise of a future act and a perfect marriage by yielding a present consent the first is when both parties do mutually promise that they will The second that they do take one the other for Husband and Wife So an Heir apparent by propinquity of blood is espoused only to the Commonwealth and married afterward at his Coronation by Oaths of either party and by putting on the Ring and other Wedding-garments But how were Kings married in former ages how are they now married in those Countrys where they have neither Ring nor Wedding-garment nor also any Oath What is every Office and Degree which is taken with Ceremony to be esteemed likewise a Marriage Or if you will have Coronation onely to be a Marriage what else can it resemble but the publick celebration of Matrimony between man and woman which addeth nothing to the substance of contract but onely manifesteth it to the world These pitiful proofs naked of authority empty of sence deserve rather to be excused than answered I will help therefore in some sort to excuse them They are the best that your both starved cause and conceit can possibly afford and you have also some fellows in your folly Heliogabalus did solemnly joyn the statues of the Sun and of the Moon in marriage together Nero was married to a man and took also a man to his Wife The Venetians do yearly upon Ascention-day by a Ring and other ceremonies contract marriage with the Sea But now in earnest men do die whensoever it pleaseth God to call them but it is a Maxime in the Common-Law of England Rex nunquam moritur The King is always actually in life In France also the same custom hath been observed and for more assurance it was expresly enacted under Charles the fifth That after the death of any King his eldest Son should incontinently succeed For which cause the Parliament-Court of Paris doth accompany the funeral-obsequies of those that have been their Kings not in mourning attire but in Scarlet the true