sort to excuse them They are the best that your starued both cause and conceipt can possibly affoord and you haue also some fellowes in your folly Heliogabalus did solemnely ioyne the statues of the Sunne and of the Moone in mariage together Nero was maried to a man and tooke also a man to his wife The Venetians doe yearely vpon Ascention day by a ring and other ceremonies contract mariage with the sea But now in earnest men do dye whensoeuer it pleaseth God to call them but it is a Maxime in the common law of England Rex nunquam moritur The king is alwaies actually in life In Fraunce also the same custome hath bene obserued and for more assurance it was expresly enacted vnder Charles the fifth That after the death of any king his eldest sonne should incontinently succeede For which cause the ParliameÌ„t court of Paris doth accompanie the funeral obsequies of those that haue bene their kings not in mourning attire but in scarlet the true ensigne of the neuer-dying Maiestie of the Crowne In regard of this certaine and incontinent succession the Glossographer vpon the Decrees noteth That the sonne of a king may be called King during the life of his father as wanting nothing but administration wherein he is followed with great applause by Baldus Panormitane Iason Carol. Ruinus Andreas Iserna Martinus Card. Alexander Albericus Fed. Barbatius Philip Decius Ant. Corsetta Fra. Luca Matthe Afflict And the same also doth Sernius note out of Virgil where he saith of Ascanius Regemque requirunt his father Aeneas being yet aliue But so soone as the king departeth out of life the royaltie is presently transferred to the next successor according to the lawes and customes of our Realme All Writs go foorth in his name all course of iustice is exercised all Offices are held by his authoritie all states all persons are bound to beare to him alleageance not vnder supposall of approbation when hee shall be crowned according to your dull and drowsie coniecture but as being the true Soueraigne king of the Realme He that knoweth not this may in regard of the affaires of our state ioyne himself to S. Anthony in glorying in his ignorance professing that he knoweth nothing Queene Mary raigned three monâ—ths before she was crowned in which space the Duke of Northumberland and others were condemned and executed for treason for treason I say which they had committed before she was proclaimed Queene King Edward the first was in Palestina when his father dyed in which his absence the Nobilitie and Prelates of the Realme assembled at London and did acknowledge him for their king In his returne homeward he did homage to the French king for the lands which he held of him in France He also repressed certaine rebels of Gascoine amongst whom Gasco of Bierne appealed to the court of the king of Fraunce where king Edward had iudgement that Gasco had committed treason and therupon he was deliuered to the pleasure of king Edward And this hapned before his coronation which was a yeare and nine monâ—ths after he began to raigne King Henry the sixth was crowned in the eighth yeare of his raigne and in the meane space not onely his subiectes did both professe and beare alleageance but the King of Scottes also did sweare homage vnto him What neede I giue any more either instance or argument in that which is the cleare lawe the vncontroulled custome of the Realme Against which notwithstanding your weather-beateÌ„ forehead doth not blush to oppose a blind opinion that heires apparant are not true kings although their titles be iust and their predecessors dead This you labour to prooue by a few drye coniectures but especially and aboue all others you say because the Realme is asked three times at euery coronation whether they will haue such a man to be their king or no. First wee haue good reason to require better proofe of this question then your bare word secondly although we admit it to be true yet seeing the aunswer is not made by the estates of the Realme assembled in parliament but by a confused concurse necessarie Officers excepted of all sorts both of age and sexe it is for ceremonie only not of force either to giue or to increase any right Another of your arguments is for that the Prince doth first sweare to gouerne well and iustly before the subiects take their oath of alleageance which argueth that before they were not bound And further you affirme that it happened onely to king Henry the fifth among his predecessors to haue fealtie done vnto him before hee was crowned and had taken his oath I confesse indeed that Polydore and Stâ—w haue written so but you might easily haue found that they write not true the one of them being a meere straunger in our state the other a man more to be commended for indeuour then for art King Iohn being in Normandie when his brother dyed sent into England Hubert Archbishop of Canterburie VVilliam Marshall Earle of Strigvile and Geoffrie Fitzpeter Lord chiefe â—ustice who assembled the States of the Realme at Northhampton and tooke of them an oath of obedience to the new king Also king Henry the third caused the Citizens of London the Guardians of the Cinque-ports and diuers others to sweare fealtie to Prince Edward his sonne who being in Palestina when his father died the Nobilitie and Prelates of the Realme assembled in the new temple at London and did acknowledge him for their king And in like manner king Edward the third tooke an oath of all the Nobilitie of the Realme of faith after his death to Richard Prince of Wales and so did king Henry the first for his daughter Mawde and her yong sonne Henry After the death of king Henry the fifth that subiects did often sweare alleageance before the coronation and oath of the king you had neither countenance nor conscience to deny but it was neither of these two which did restraine you it proceeded onely from the force of truth which will manifest it selfe whatsoeuer art we vse to disguise it For otherwise what countenance what conscience had you to affirme that it is expresly noted by our English Historiographers That no alleageance is due vnto kings before they bee crowned Who are these Historiographers where doe they so write you that search euery dustie corner of your braines for a fewe ragged reasons to vphold your heresie should not either haue mentioned or omitted such pregnant proofes for in that you affirme and do not expresse them you condemne your selfe by your owne silence If you meane that which you alleadge out of Polydore and Stowe That an oath of fealtie was neuer made before coronation vntill the time of king Henry the fifth it is neither true nor to any such sence If you meane that of Polydore in tearming Henry the fift Prince and not King before he
representeth his person who gaue commission and not his owne Herevpon Alexander Panormitane Innocentius and Felinus doe affirme that they may cast their commissioners out of power when they please because as Paulus saith a man can iudge no longer when he forbiddeth who gaue authoritie Further all states take denomination from that part wherin the supreme power is setled as if it bee in one prince it is called a monarchie if in many of highest ranck then it is an aristocracie if in the people then a democracie Whervpon it followeth if the people are superiour to the prince if the prince hath no power but by commission from them that then all estates are populare for we are not so much to respect who doth execute this high power of state as from whō immediately it is deriued Hereto let vs ad that which you haue said in another place that in populare gouernments there is nothing but sedition trouble tumults outragies iniustices vpon euery light occasiō thē we shall perceiue first that you want the art of a wise deceiuer not to be entangled in your tale secondly that this is meere poison which the diuell hath dropt out of your pen to infect christian coūtries with disobedience disorder In a word to the contrary of this your impudent vntruth our laws do acknowledge supreme authority in the prince within the realme dominions of england neither can subiects beare thēselues either superior or equall to their soueraigne or attempt violence either against his persō or estate but as well the ciuill law as the particulare lawes customes of all countries do adiudge it high hainous treasō I will speake now without passion what reason haue we to accept your idle talk for a kind of authority against the iudgement lawes of most nations in the world You proceede that the power of a prince is giuen to him by the common wealth with such conditions exceptions as if the same be not kept the people stand free That the prince receiueth his power vnder plain conditiōs you go about to proue afterward now you hold on that in all mutual contracts if one side recede from promise the other remaineth not obliged this you proue by two rules of the law The first is he doth in vaine require promise to be kept of another man to whom he refuseth to performe that which he promised the other is a man is not bound to performe his oath if on the other part that be not performed in respect whereof he did sweare Poore fellow had you ben as conuersant in the light of law and cleere course of iustice as you are in the smoake dust of some corner of a colledge you wold neuer haue concluded so generally so confidētly vpō any of the rules of law which are subiect for the most part vnto many exceptions Alexander Felinus doe assigne fiue fallencies vnto these rules Socinus giueth the cootrarie rule to him that breaketh his faith or oath faith ought to bee kept thē restraineth it with seauē limitations But all affirme that in those offices which are mutuall between any persōs by the law of nature or of God as between the father the child the husband the wife the master the seruant the prince and the subiect although the same be further assured by promise or by oath the breach of duty in the one is no discharge vnto the other And therfore if the father performeth not his duty towards his children they are not thereby acquitted both of the obedience care which God nature exacteth of them howsoeuer Solon in his lawes discharged children from nourishing their parents if they did not traine them in some trade wherby they might acquire their liuing Much lesse are subiects exempted from obedience if the prince either erre or be defectiue in gouernment because the like respect is not due vnto parents as vnto Princes as I haue somewhat touched before insomuch as a sonne that beareth authoritie hath right both to commaūd and compell the father This was declared among the Romanes by that which Plutarch Liuie Valerius and Gellius doe report of Q. Fabius to whome being consull when Fabius Maximus his father who had bene consull the yeare before did approch sitting vpon his horse the sonne commanded him by a sergeant to allight the father not onely obeyed but highly commended both the courage and iudgement of his sonne in maintaining the maiestie which he did beare and in preferring a publicke both dutie and authoritie beefore priuate Vpon those examples Paulus the lawier did wright that publick discipline was in higher estimation among the Romane parents then the loue of children After an impertinēt discourse that vpon diuers cōsiderations an oath ought not to be performed you annex another cause wherefore subiects may withdraw their alleageāce that is when it should turne to the notable dammage of the common wealth and both these you affirme to be touched in the depriuation of Childeric king of France But I regard not what was touched in the depriuation of Childeric I haue answered to that in the chapter next before I require either arguments or authoritie of more tough temper Well then let vs turne back the leafe and there we shall finde a rule of the law because by rules onely you will beat down rule In euill promises it is not expedient to keepe faith Which is also confirmed by a sentence of Isidorus In euill promises break your word in a dishonest oath change your purpose Well fare your vvits good soule doe you accompt the promise of obedience euill not so I suppose you will say but it turneth to be euill vvhen it turneth to the notable detrimēt of the commō wealth It is one of your peculiar guifts the further you goe the more impious you declare your selfe For if you take the word euill in noe higher sence then for detriment and damage it would follow vpon your rule that a man vvere no further tyed to his promise then the performance thereof were aduantageable vnto him You vvould inforce also that if the father doth dissipate his patrimoniall estate and runne a course to ruine his familie the children and the wife may thervpon disauow their duties But if vvee take a true touch of this point we shall finde that the vices of any Prince are not sufficient of themselues to ouerthrow a state except therevpon rebellions be raised vvhich vvill draw all things into confusion For there is no Prince vvhich either hath liued or can almost be imagined to liue in so little sence of humanitie but generally he both fauoureth and maintaineth some order of iustice onely against particuler persons some of them haue violently bene carried by the tempest of their passion vvhereby notwithstanding the inordinate desires of one man can not possibly reach to
not bene so foolishly eyther suspitious or fonde that when King Richard sent for him they refused to commit him into his Vncles hands But after the death of king Richard his brother Iohn seized vpon his treasure in Normandie came ouer into England and in an assembly onely of the Nobilitie was crowned king Of these many he wonne with such liberall protestations and promises as men carelesse of their word are wont to bestowe others were abused by the perswasions of Hubert Archbishop of Canterburie and a fewe others saith Polydore not well aduised Nic. Triuet saith that Iohn pretended for his title not the election of the people but propinquitie of bloud and the testament of king Richard The same also is affirmed by Walsingham And this is the question betweene the Vncle and the Nephewe of which I shall haue occasion to speake hereafter But Polydore saith that diuers noble men did account this to be a fraudulent iniustice and therevpon did ominate those euils which afterward did ensue And when the Archbishop was charged that vnder colour of reason partly subborned and partly weake he had bene the occasion of all those mischiefes Polydore saith that he was both grieued and ashamed at nothing more Rog. Wenden affirmeth that he excused himselfe that he did it vpon oracles and by the gift of prophesie King Iohn hauing locked himselfe into the saddle of state made one wrong which he had done to be the cause of a greater wrong by murthering his Nephew Arthur Duke of Britane whose inheritaÌ„ce he did vniustly vsurpe For this fact the French king depriued him of all the landes which he helde in fee of the crowne of France prosecuted the sentence to effect After this as men are easily imboldened against an vsurper when once he declineth eyther in reputation or in state diuers of the Nobilitie especially they of the North confederated against him but being neither able to endure his warre nor willing to repose trust in his peace they coÌ„tracted with Lewis the French kings sonne to take vpon him to be their king And so it often happeneth in ciuill contentions that they who are weakest do runne with a naturall rashnesse to call in a third Lewes being arriued vpon the coast of Kent the Nobilitie of that faction came and sware alleageance vnto him The Londoners also many vpon an ordinarie desire to haue new kings others for feare and â—ome for company ioyned to the reuolt Hereof a lamentable presence of all miseries did arise whereby as well the libertie as the dignitie of the Realme were brought to a neare and narrowe iumpe The poore people naked both of helpe and hope stood at the curtesie and pleasure of the men of armes the libertie of warre making all things lawfull to the furie of the strongest The Nobilitie feeling much and fearing more the insolencie of the French NatioÌ„ who as Vicount Melin a noble maÌ„ of France confessed at his death had sworne the extirpation of all the noble bloud in the Realme began to deuise how they might returne into the alleageance of king Iohn in so much as a litle before his death Letters were bâ—ought vnto him from certaine of his Barons to the number of fortie who desired to be receiued againe into his peace But after his death which happily did happen within fiue moneths after the arriuall of the French both their hatred and their feare being at an ende they were all as readie to cast out Lewes as they had bene rash to call him in This History you corrupt with verie many odious vntruthes which are more harsh to a well tuned eare then the crashing of teeth or the grating of copper As namely in affirming that Arthur was excluded and Iohn crowned King by the states of the Realme that God did more defend this act of the Common-wealth then the iust title of Arthur that by the same states king Iohn was reiected Prince HeÌ„ry his sonne depriued and Lewes of France chosen to be king that the same states recalled their sentence against Prince Henry disanulling their oathe and alleageance made vnto Lewes A shamelesse tongue gouerned by a deceitfull minde can easily call faction the Common wealth rebellion a iust and iudiciall proceeding open an often periurie an orderly reuoking of a sentence Gods secret iudgement in permitting iniustice to preuaile a plain defence and allowance thereof Of the diuision of the houses of Lancastar and Yorke it is but little that you write whereto I haue fully answered before you do wisely to giue a light touch to this example it is so hotte that it will scalde your throate King Henry the fourth more caried by cursed ambition then either by necessitie or right laide an vniust gripe vpon the Realme which afterward he did beautifie with the counterfeit titles of conquest and election So violent are the desires of Princes to imbrace streined titles by whiche they may disturbe the states of other not remembring that right may be troaden downe but not troaden out hauing her secret both meanes to support and seasons to reuiue her For although the lawfull successor did warily strike saile to the tempest because neither the time running nor the opportunitie present which are the guiders of actions did consent as then to enter into enterprise Yet so soone as one heare of occasion was offered his progenie did set vp a most doubtfull warre wherein thirteene battailes were executed by English-men only and aboue fourescore Princes of the royall blood slaine Loe now the smiling successe of these vsurpations loe what a deare purchase of repentance they did cause Were it not that passion doth blind men not only in desire but in hope they might suffice to make vs aduised to keepe rather the knowne beaten way with safetie then vpon euery giddie and brainlesse warrant to engulphe our selues in those passages wherein so many haue perished before vs. It belongeth to wise men to auoide mischies and it is the reward of fooles to lament them Goe too then conclude if you please that the people are not bound to admit him to the Crowne who is the next successor by propinquitie of blood but rather to weigh whether it is like that hee will performe his charge or no. Conclude this I say to be your opinion and that it seemeth to you to be conforme to all reason lawe religion pietie wisedome and policie and to the custome of all Common wealthes in the world and I wil assuredly conclude against you that you prate without either warrant or weight To the ninth Chapter which beareth title VVhat are the principall points which a Common-wealth ought to respect in admitting or excluding any Prince wherein is handled largely also of the diuersitie of religions and other such causes IN this passage you handle what cause is sufficient either to keepe in or to cast the next in blood out of state In which question you determine that God doth
AN ANSVVER TO THE FIRST PART OF A CERTAINE CONFERENCE CONCERNING SVCCESSION PVBLISHED not long since vnder the name of R. Dolman AT LONDON Imprinted for Simon Waterson and Cuthbert Burbie 1603. TO THE KINGS MOST EXCELLENT MAIESTIE MOst loued most dread most absolute both borne and respected Soueraigne to offer excuse for that which I needed not to haue done were secretly to confesse that hauing the iudgement to discerne a fault I wanted the will not to commit it Againe to seeke out some coulers to make it more plausible were to bring in question the sufficiencie thereof Therefore without further insinuation either for pardon or for acceptance I here present vnto your Maiestie this defence both of the present authoritie of Princes and of succession according to proximitie of bloud wherein is maintained that the people haue no lawfull power to remoue the one or repell the other In which two points I haue heretofore also declared my opinion by publishing the tragicall euents which ensued the deposition of King Richard and vsurpation of King Henrie the fourth Both these labours were vndertakeÌ„ with particular respect to your Maiesties iust title of succession in this realme and I make no doubt but all true hearted Englishmen wil alwaies be both ready and forward to defend the same with expence of the dearest drops of their bloud The Lord vouchsafe to second your honorable entrance to the possession of this crowne with a long prosperous continuance ouer vs. Your Maiesties most humble and faithfull subiect Io HAYVVARD Qui tibi Nestoreum concessit pectus eâ— ora Nestoreos etiam concedat Iupiter annos To R. DOLEMAN YOu will thinke it strange Maister Doleman that hauing lien these many yeares in quiet harbour froÌ„ the tempest of mens tongues you should now feele a storme to breake vpon you peraduenture you were perswaded as euery one suffereth himselfe to be beguiled with desire that this silence did growe eyther vpon acceptance of your opinion or from insufficiencie to oppose against it I assure you neither but partly from contempt and partly from feare Thâ— contempt proceeded from the manner of your writing wherein you regarde not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not how eyther truly or pertinently but how largelye you do wright endeauouring nothing else but eyther to abuse weake iudgements or to feede the humors of such discontented persons as wante oâ— disgrace hath kept lower then they had set their swelling thoughts The feare was occasioned by the nimble eare which lately was borne to the touche of this string for which cause our English fugitiues did stand in some aduantage in that they had free scope to publish whatsoeuer was agreeable to their pleasure knowing right well that their bookes could not be suppressed and might not be answered It may be you will question wherefore I haue not answered your second part it is ready for you but I haue not now thought fit to divulge the same partly because it hath beene dealt in by some others but principallie because I know not how conuenient it may seeme to discusse such particulars as with generall both liking and applause are now determined I forbeare to expresse your true name I haue reserued that to my answere to some cast Pamphlet which I expect you will cast forth against mee and I make little doubt but to driue you in the end to such desperate extremitie as with Achitophell to sacrifice your selfe to your owne shame because your mischieuous counsaile hath not bin embraced AN ANSVVERE TO THE FIRST CHAPter whereof the Title is this That succession to gouernement by neerenesse of bloude is not by lawe of Nature or deuine but onely by humane and positiue lawes of euery particular common wealth and consequently that it may vpon iust causes be altered by the same HERE you beginne that other conditions are requisite for comming to gouernement by succession besides propinquitie or prioritie of bloude which conditions must be limited by some higher authoritie then that of the King and yet are they prescribed by no law of Nature or deuine For otherwise one that wanteth his wits or sences or is a Turke in religion might succeed in gouernment which you affirme to be against al reason law religion wisdom coÌ„scieÌ„ce against the first end of InstitutioÌ„ of coÌ„moÌ„ wealths And that Byllay who maintaineth the contrarie doth it in fauour and flattery of some particular Prince What coÌ„ditioÌ„s are requisit in succession besides priority of bloud by what authority they are to be limited I wâ—l theÌ„ examin wheÌ„ you shal propouÌ„d but for your reason of this assertioÌ„ you must heaue other men theÌ„ Billay out of credit for reason law coÌ„scieÌ„ce wisdom before you cary it for cleare good As for entire coÌ„trariety in religion or differeÌ„ce in some particular points therof whether it be a sufficient cause of exclusion or no I wil refer my selfe to that place where you do strain your strength about it In disabilities to gouern Baldus doth distinguish whether it be naturall or accidentall affirming that in the first case it sufficeth to exclude because he that is incapable of gouernmeÌ„t froÌ„ his birth had neuer any right of successioÌ„ setled in him in the other it doth not suffice because he that is once inuested in right of succession caÌ„not be depriued therof without his fault Many do follow this distinction Io Igneus doth limit it to such dignities as are not absolute But Iâ—son Angelus diuers others do indistinctly hold that the eldest son of a king or other gouernor although he be borne either â—urious or a foole or otherwise defectiue caÌ„not therfore be excluded froÌ„ his successioÌ„ These affirm that any end of institution of common wealths is if not fully yet better satisfied by appointing a protector of the state as vpoÌ„ diuers occasions it hath bin vsuall then by acknowledging another prince as wel for other respects as for that by continuaÌ„ce of succession in one discent a faire ordinary occasion is remoued both of mutiny inuasion For enemies wil not readily attempt subiects do most willingly obey that prince whose ancesters haue worn out those humors both of hatred contempt which do commonly accompany new raised estates I wil not confirm this last opinion by the exaÌ„ple of Neptune the son of Saturn who althogh he was lame on both his legs yet had the gouernment of the sea allotted to him but I wil coÌ„firm it by the practise of Athens Lacedâ—mon the two eyes of Graecia as Leptines Iustine do aptly term theÌ„ Herodotu reporteth that wheÌ„ Alexandrides king of Sparta left 2 sons Cleomenes the eldest distracted in wits Dorieus the yongest both of ability inclination to all actions of honor the LacedaemoniaÌ„s acknoledged Cleomenes for their king Agesilaus also the famous king of Lacedaemon was lame as Plutarch Probus Aemilius do report Paul
vntil it was violently drawn froÌ„ Sardanapalus to the Medes From them also Cyrus by subuersion of Astyages did transport it to the Persians and from them againe the Grecians did wrest it by conquest After the death of Alexander his captaines without any consent of the people made partition of the empire among them whose successors were afterwards subdued by the armies and armes of Rome And this empire beeing the greatest that euer the earth did beare was in the end also violentlie distracted by diuers seueral either conquests or reuolts Leo After writeth that it is not a hundred yeares since the people of Gaoga in Africk had neither king nor Lord vntill one hauing obserued the greatnesse and maiestie of the king of Tombute did enterprise to attaine soueraigntie aboue them which by violence he effected and left the same to his posteritie And because I will not bee tedious in running through particulars giue you an instance of anie one people which hath not diuers times receiued both Prince and gouernment by absolute constraint Et Phillidasolus habeto and I will yeeld to all that you affirme But failing herein you shall bee enforced to confesse that in manie yea in most if not in all countries the people haue receiued libertie either from the graunt or permission of the victorious Prince and not the prince authoritie from the vanquished people What helpes nowe doe you imagine that the people haue assigned to their Prince The first you affirme to be the direction of lawes But it is euident that in the first heroicall ages the people were not gouerned by anie positiue lawe but their kings did both iudge and commaund by their word by their will by their absolute power and as Pomponius saith Omnia manu a regâ—bus gubernabantur Kings gouerned all things without either restraint or direction but onely of the lawe of nature The first lawe was promulged by Moses but this was so long before the lawes of other nations that Iosephus writeth It was more ancient then their gods affirming also that the word Law is not found in Homer or in Orpheus or in anie Writer of like antiquitie Of this law of nature Homer maketh mention in these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And they who keepe the lawes which God hath prescribed And againe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vnciuill and vniust is he and wanting priuate state Who holdeth not all ciuill war in horror and in hate And of the iustice of kings he writeth in this maner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In which verses Chrysostome affirmeth by the iudgment of Alexander that Homer hath delineated the perfect image of a King but that hee maketh mention of anie positiue lawes I doe rather doubt then assuredlie denie For Kings in auncient times did giue iudgment in person not out of any formalitie in lawe but onlie according to naturall equitie Virgil saith Hoc Priami gestamen erat cumiura vocatis More daret populis This was the robe which Priamus did alwaies vse to weare When he the people to him called their causes for to heare Which he doth also affirme of Aeneas Dido and of Alcestes The like doth Herodotus report of Midas king of Phrygia who consecrated his tribunall to Apollo and the like also dooth Plutarch of diuers kings of Macedonia Philarchus affirmeth in Athenaeus that the kings of Persia had palme trees and vines of goulde vnder which they did sit to heare causes But because it grew both troublesome tedious for al the people to receiue their right from one man lawes were inuented as Cicero saith and officers also appointed to execute the same Another original of lawes was thus occasioned When anie people were subdued by armes lawes were laid like logs vpon their necks to keepe them in more sure subiection which both because it is not doubtful and to auoid prolixitie I will manifest onlie by our owne example When the Romans had reduced the best part of this Iland into the forme of a prouince as they permitted libertie of lawe to no other countrie vnder their obedience so here also they planted the practise of their lawes and for this purpose they sent ouer manie professors and among others Papinian the most famous both for knowledge and integritie of all the authors of the ciuill lawe Againe when the Saxons had forced this Realme and parted it into seauen kingdomes they erected so manie settes of law of which onelie two were of continuance the Mercian lawe and the West Saxon law After these the Danes became victorious and by these newe Lordes new lawes were also imposed which bare the name of Dane-lawe Out of these three lawes partlie moderated partlie supplied King Edward the confessor composed that bodie of lawe which afterwardes was called Saint Edwards lawes Lastly the Normans brought the land vnder their power by whom Saint Edwards lawes were abrogated and not onlie new lawes but newe language brought into vse in somuch as all pleas were formed in French and in the same tongue children were taught the principles of Grammar These causes wee find of the beginning of lawes but that they were assigned by the people for assistance and direction to their kinges you bring neither argument nor authoritie for proofe it is a part of the drosse of your owne deuise The second helpe which you affirme that common wealthes haue assigned to their kings is by parliaments and priuie councelles But Parliaments in al places haue bin erected by kings as the parliament of Paris and of Montpellier in Fraunce by Philip the Faire the parliament in England by Henrie the first who in the sixteenth yeare of his raigne called a councell of all the states of his realme at Salisburie which our Historiographers do take for the first Parliament in England affirming that the kings before that time did neuer call the common people to counsell After this the priuie councell at the instance of the Archbishop of Canterburie was also established and since that time the counsellors of state haue alwaies bin placed by election of the Prince And that it was so likewise in auncient times it appeareth by thaâ— which Homer writeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 First hee established a councell of honorable old men And likewise by Virgill gaudet regno Troianus Acestes Indicitque foru et patribus dat iura vocatis Acestes of the Troiane bloud in kingdome doth delight He sets a Court and councell cals giues ech man his right I will passe ouer your course foggio drowsie conceite that there are few or none simple monarchies in the world for it would tire any â—to toyle after your impertinent errours and wil now rip vp your packet of examples whereby you indeuour to shew that the power of kings hath bin brideled by their subiects But what do you infer hereby What can you inforce will you
in shew then in deede this shew began also to end when by the law Valeria L. Sylla was established dictator for foure and twentie yeares After this the empire did mightely encrease vntil the reigne of Traian◠at which time all authors agree that it was most large and yet far short of your wandring suruey not halfe fifteene thousand miles in compasse In your example of Caesar I neuer saw more vntruthes crowded together in fewer words you say he brake all lawes both humane and deuine that is one his greatest enemies did giue of him a most honorable testimonie You say he tooke all gouernment into his hands alone that is two the people by the law Seruia elected him perpetual dictator You make his death to be an act of the state that is three for they who slew him were both declared pursued by decree of the state for publicke enemies of whom not any one either died a naturall death or liued three yeeres after it was further decreed that the court where he was slaine should be stopped vp that the Ides of March should be called parricidium that the Senate should neuer be assembled vpon that day You say that Augustus was preferred in his place that is foure and all within the compasse of sixe lines Augustus was neuer chosen dictator Suetonius writeth that hee entreated the people vpon his knee not to charge him with that office But Augustus Antonius and Lepidus did first knit in armes by the name of Triumuiri to reuenge the death of Iulius Caesar whervpon a long cruell and doubtfull warre was set vp which continued the space of xx yeers first betweene these three and the murtherers of Caesar then betweene Lepidus and the other two lastly betweene Augustus Antonius and this was the sweet successe of the murther of Caesar. Augustus after his victorie was made perpetuall tribune as Suetonius hath written Dio. saith that he was freed from the power of the lawes as Pompeie also had beene before him Tacitus addeth that the people hauing their hearts broken with broiles permitted him to rise into rule and to draw by degrees the whole authoritie of the state into his handes And so it seemeth that the royall law was not yet established by which the people gaue ouer their power in gouernment wherevpon some make good the sentence which the Senate gaue against Nere because the soueraigntie was not then by any expresse act setled in the Emperour But where you bring the succession of Vespasian as a good successe of this sentence against Nero it is a vvilde and witlesse vntruth Galba succeeded next after Nero who was slaine in a sedition raised by Otho Otho againe was ouercome in field by Vitellius whervpon hee slue himselfe Lastly Vitellius was ouerthrowne and slaine by the Captaines of Vespasian who was the fourth Emperour after Nero. These intestine warres these open battailes fought to the full this slaughter of Emperours which you terme interludes vvere the immediate successe after the death of Nero. You furies of hell whose voices are lightening and thunder vvhose breathing is nothing but sword fire rages and rebellions the encountring of armies the butcherie of millions of men the massacre of princes you accompt enterludes These are your pleasures these your recreations I hope all christian common vvealthes vvill beare an eye ouer your inclination and keepe out both your persons and perswasions from turning their state into an open stage for the acting of these enterludes You continue your base bouldnesse in affirming that the senate procured the death of Domitian that they requested the soldiers to kil Heliogabalus that they inuited Constantine to come doe iustice vpon Maxentius this broken kinde of disguising is familiar vnto you to make such violencies as haue often preuailed against excellēt princes to seeme to be the act of the vvhole state And vvheras you bring the succession of Alexander Seuerus for a good successe of the murther of Heliogabalus being the rarest prince you say that euer the Romanes had you might haue alleaged any author in proofe thereof better then Herodian vvho vvriteth of him in this manner Alexander did beare the name and ensignes of the empire but the administration of affaires gouernment of the state did rest vpon wemen And further he vvriteth that by his slacknesse and cowardice the Romane Armie vvas defeated by the Persians finally that for his vvant of courage he vvas slaine by his owne soldiers By this vve may see that you goe blindfold being so far from caring that many times you scarce know vvhat you vvright Your markable example as you terme it of the change o◠the empire frō the west to the east frō Cōstantin the sixt to Charles king of France doth mark out nothing more vnto vs then your foūdred iudgemēt The questiō is not what one forren prince may do against another but what subiects may do against their soueraign this is the point of cōtrouersie heete you must cloase and not trauerse about in discourses impertinent The change of the kingdome of France from Childeric to Pepin your owne authour Girard affirmeth to be both an ambitious fraudulēt vsurpation wherin Pepin vsed the reuerēce of religiō as a mantle to couer his impietie rebelliō The matters which he obiected against Childeric were two first his insufficiēcie the ordinarie pretence of most rebellions but Girard saith that the auncient custome of the French was to loue honor their kings whether sufficient or vnable worthie or weake that the name of king vvas esteemed sacred by whomsoeuer it was borne Secondly he obiected that his subiects were condicionally sworne vnto him this also Girard writeth to be a forced and cautelous interpretation violently streining the words of their oath to his aduantage and in deede if the oath of the people had ben conditionall vvhat needed they to procure a dispensation for the same This vvas the first act saith he wherby the popes tooke occasion to set in their foot of authoritie for transporting of kingdoms from one race to another which growing to strength hath filled all christian countries with confusion and tumult Likewise the change of that kingdome from the line of Pepin to the line of Capet vvas a meere violence intrusion so vvas it acknowledged by Eudes earle of Paris the first of that family vvho did vsurp for that cause he was constreined after two yeares reigne to quit the crowne to giue place vnto Charles the lawfull heire And vvhen Robert brother vnto Eudes did enter into armes to recouer that vvhich his brother once held he vvas beaten downe and slaine by the faithfull subiects of king Charles Hugh the sonne of Robert nourished this ambition But Hugh Capet his sonne vvith better both opportunitie successe but no better right did accomplish the enterprise For Girard calleth him an vsurper Charles duke of Lorrane the
most worthie successour after this depriuation I will derogate nothing from his worthinesse but there was neuer king in England who without concurrent in the title of the crowne did draw more bloud out of the sides of his subiects Your second example is of king Edward the second whom many of our histories report to bee of a good and courteous nature and not vnlearned imputing his defectes rather to Fortune then either to counsell or carriage of his affaires His deposition was a violent furie led by a vvife both cruell vnchast can with no better countenance of right be iustified then may his lamentable both indignities and death vvhich therupon did ensue And although the nobilitie by submitting thēselues to the gouerment of his sonne did breake those occasions of wars which doe vsually rise vpon such disorders yet did not the hand of God forget to pursue reuenge For albeit king Edward his son enioyed both a long prosperous raign yet his next successor king Richard the second vvas in the like violent manner imprisoned depriued put to death I will prosecute the successiue reuenge which heereof also ensued being a strange matter worthie to be rung into the eares of all ages King Henry the fourth by whom king Richard was deposed did exercise the chiefest acts of his raigne in executing those who conspired with him against king Richard His son had his vertue well seconded by felicity during whose raigne by meanes of the wars in France the humour against him was otherwise imployed spent but his next successor king Henry the sixth was in the very like manner depriued together with his yong son Edward imprisoned and put to death by king Edward the fourth This Edward died not without suspiciō of poison after his death his two sons were in like maner disinherited imprisoned murthered by their cruell vnkle the duke of Glocester who being both a tyrant and vsurper was iustly encountred and slaine by king Henry the seauenth in the field So infallible is the law of iustice in reuenging cruelties and wrongs not alwaies obseruing the presence of times wherein they are done but often calling them into reckoning whē the offenders retaine least memorie of them Likewise the deposition of king Richard the second was a tempestuous rage neither led nor restrained by any rules of reason or of state not sodainely raised and at once but by very cunning and artificiall degrees But examine his actions vvithout distempred iudgement you will not condemne him to be exceeding either insufficient or euill weigh the imputations that were obiected against him and you shall find nothing either of any truth or of great moment Hollingshead writeth that he was most vnthankfully vsed by his subiects for although through the frailtie of his youth he demeaned himselfe more dissolutely then was agreeable to the royaltie of his estate yet in no kings daies the commons were in greater wealth the Nobilitie more honoured and the Clergie lesse wronged vvho notwithstanding in the euill guided strength of their will tooke head against him to their owne headlong destruction afterward partly during the raign of king Henry his next successor whose greatest atchiuements were against his owne people but more especially in succeeding times whē vpon occasiō of this disorder more english bloud was spent thē was in all the forren wars which had ben since the cōquest Three causes are commonly insinuated by you for which a king may be deposed tyranny insufficiencie impietie but what prince could hold his state what people their quiet assured if this your doctrine should take place how many good princes doth enuie brand with one of these markes what action of state can be so ordred that either blind ignorance or set mallice wil not easely straine to one of these heads euery execution of iustice euery demand of tribute or supply shall be claimed tyrannie euery infortunate euent shall be exclaimed insufficiencie euery kind of religion shall by them of another sect be proclaimed impietie So dangerous it is to permit this high power to a heedlesse and headlesse multitude who measure things not by reason and iustice but either by opinion which commonly is partiall or else by report which vsually is full of vncertainties and errors the most part doing because others doe all easie to become slauish to any mans ambitious attempt So dangerous it is to open our eares to euery foolish Phaetō who vndertaking to guid the chariot of the Sun will soone cast the whole earth into combustion You proceede that king Henry the sixth was also deposed for defectes in gouernment Let vs yeeld a little to you that you may bee deceiued a little that you may be carried by your affections how can you excuse these open vntruthes wherein it cannot bee but the diuell hath a finger you cannot bee ignorant that the onely cause which drevv the familie of Yorke into armes against king Henry vvas the title which they had vnto the crowne by vertue whereof it vvas first enacted that Richard duke of Yorke should succeed king Henry after his death but for that hee made vnseasonable attempts he was declared by parlament incapable of succession and afterwards slaine at the battaile of wakefield Then Edward his sonne prosecuting the enterprise hauing vanquished king Henry at the battaile of S. Albons obtained possession of the state caused king Henrye to be deposed and himselfe to be proclaimed crowned king Afterward he vvas chased out of the realme and by act of parlament both depriued and disabled from the crowne Lastly he returned againe and depriued king Henrye both from gouernment from life It is true that some defects vvere obiected against king Henry but this was to estrāge the harts of the peple frō him The main cause of the war did proceed frō the right of the one partie possessiō of the other The contrarietie of the acts of parlament vvas caused by the alternatiue victories of them both Your last example is of king Richard the third of vvhom you vvright First that although he sinned in murthering his Nephewes yet after their death hee vvas lawfull king Secondly that he was deposed by the common wealth who called out of France Henry earle of Richmond to put him downe Philosophers say that dreames doe commonly arise by a reflection of the phantasie vpon some subiect wherof we haue meditated the daie before It may be y◠your drowsie conceit vvas here cast into a dreame of that vvheron it had dozed in all this chapter Or at the best that you are like vnto those vvho haue so often tould a lie that they perswade themselues it is true King Edward the fourth left other children besides those that were murthered the duke of Clarence also vvho vvas elder brother to king Richard lest issue in life all vvhich had precedence of right before him And as for the second point tell mee I pray you by vvhat
annointing from France Well let the ceremonie be taken from whence you please if the oath be no other then you do specifie To obserue peace honour and reuerence vnto Almighty God to his Church and to the Ministers of the same to administer Law and Iustice equally to all to abrogate euill lawes and customes and maintaine good which was the oath of king Richard the first the like whereto was that of king Iohn altered only in the first branch To loue and defend the Catholicke Church If the oath be no other I say I do not see what other answer you need to expect but that it is onely a free royall promise to discharge that duty which God doth impose And this is plainely declared by the speech which you alleage of Thomas Arundell Archbishop of Canterbury to king Henry the fourth Remember saith he the oath which voluntarily you made voluntarily he sayd and not necessarily it was voluntary in oath but necessary in duty That which you report also that Thomas Becket did write vnto king Henry the second importeth nothing else but an acknowledgement of duty Remember said he the confession which you made I cannot omit your description of the manner of the Coronation in England First you say the king i◠sworne then the Archbishop declareth to the people what he hath sworne and demaundeth if they be content to submit themselues vnto him vnder those conditions whereunto they consenting he putteth on the royall ornaments and then addeth the words of commission Stand and hold thy place and keepe thy oath And thus you haue hammered out a formall election supposing that you draw together the peeces of falshood so close that no man can perceiue the seame The truth is that king Henry the fourth being not the nearest in bloud to the inheritance of the crowne did countenance his violence with the election of the people not at his Coronation but in a Parliament that was holden before And therefore you do impudently abuse vs First in ioyning them together as one act Secondly by falsifying diuerse points in both Lastly by insinuating that the same order was obserued by other kings The points which you falsifie are these The interrogation of the Archbishop to the people the absurd straining of these words Stand hold thy place to be a Commission the alleaging also out of Stow 1. That the Archbishop did reade vnto the people what the King was bound vnto by oath 2. That the Earle of Northumberland did shew a ring vnto the people that they might thereby see the band whereby the king was bound vnto them 3. That the king did pray that he might obserue his promise In which composition of conceits you shew how actiue you are in counterfaiting any thing that may make to your purpose perswading your selfe that it is no fraud vnto God to deceiue the world in a lye for aduantage King Edward the fourth also because his right was litigious another was in possession of the crowne strengthened or rather countenanced his title with the approbation of the people But where you write that at the Coronation of King Edward the sixth Queene Mary and Queene Elizabeth the consent and acceptation of the people was demanded First we haue no cause to credite any thing that you say then although it be true yet not being done in Parliament it addeth no right vnto the Prince but is only a formality a circumstance only of ceremony and order Hereupon you conclude that a king hath his authority by agreement and contract betweene him the people insinuating thereby that he looseth the same if he either violate or neglect his word The contrary opinion that only succession of bloud maketh a king that the cōsent of the people is nothing necessary you affirme to be absurd base and impious an vnlearned fond and wicked assertion in flattery of Princes to the manifest ruine of common-wealths and peruerting of all law order and reason I did alwayes foresee that your impostumed stomacke would belch forth some loathsome matter But whosoeuer shall compare this confident conclusion with the proofes that you haue made he will rather iudge you mad then vnwise This bold blast vpon grounds that are both foolish and false bewrayeth rather want then weaknesse of wits I am ashamed I should offer any further speech in so euident a truth but since I haue vndertaken to combate an herisie since the matter is of so great consequence import I purpose once againe to giue you a gorge Learne then heauy-headed Cloisterer vnable to mannage these mysteries of State Learne of me I say for I owe this duty to all Christians the Prophets the Apostles Christ himselfe hath taught vs to be obedient to Princes though both tyrants and infidels This ought to stand with vs for a thousand reasons to submit our selues to such kings as it pleaseth God to send vnto vs without either iudging or examining their qualities Their hearts are in Gods hand they do his seruice sometimes in preseruing sometimes in punishing vs they execute his iudgement both wayes in the same measure which he doth prescribe If they abuse any part of their power we do not excuse we do not extenuate it we do not exempt them from their punishment let them looke vnto it let them assuredly expect that God will dart his vengeance against thē with a most stiffe and dreadfull arme In the meane season we must not oppose our selues otherwise then by humble sutes and prayers acknowledging that those euils are alwayes iust for vs to suffer which are many times vniust for them to do If we do otherwise if we breake into tumult and disorder we resemble those Giants of whom the Poets write who making offer to scale the skies and to pul Iupiter out of his throne were ouerwhelmed in a moment with the mountaines which they had heaped together Beleeue it Cloisterer or aske any man who is both honest and wise and he will tell you It is a rule in reason a triall in experience an authority confirmed by the best that rebellion produceth more horrible effects then either the tyranny or insufficiency of any Prince To the sixth Chapter whereof the title is What is due to onely succession by birth and what interest or right an Heire apparant hath to the Crowne before he is crowned or admitted by the commonwealth and how iustly he may be put backe if he hath not the partes requisite YOV begin after your manner with a carreir against Billay but because both I haue not seene what he hath written and dare not credite what you report I will not set in foote betweene you In breaking from this you preferre succession of Princes before free election as well for other respects as for the preeminence of auncetrie in birth which is so much priuiledged in the Scripture and yet not made so inuiolable you say but vpon iust causes it might be inuerted as it appeareth by the examples of
allowe for a iust and sufficient cause the will iudgement of the people Your reason is for that they are the iudge of the thing it selfe and therefore they are the iudge also of the cause Your antecedent you proue First for that it is in their owne affaire secondly for that it is in a matter that hath his whole beginning continuance and substance from them alone Your cōsequence you proue by a whole lump of lawe in alleaging the entire bodie of the ciuil and Canon lawe assisted also with great reason Diogenes said of a certain Tumbler that he neuer sawe man take more paines to breake his necke In like sort we may say of you It is hard to finde a man that hath more busied his wittes to ouerthrow the opiniō of his wisedome For the first proofe of your antecedēt is not only of no force for you but strong against you because no man is a competent iudge in his owne cause no man can bee both partie and iudge whereto I wil adde that no inferiour hath iurisdiction ouer the superiour much lesse the subiect against the Soueraigne Your second proofe that all the power of a King hath dependency vpon the people I haue sufficiently encountred before And if your consequence were true that whosoeuer is iudge of a thing is iudg also without controwlment of the cause if this were as agreeable to all lawes as you make countenance then were all iudgements arbitrarie then could no appeale be enterposed for giuing sentence without iust cause then were it false which Panormitane writeth that a false cause expressed in a sentence maketh it voide What shall I say what doe you thinke doe you think that these fat drops of a greasie brain can bring the tenure of a crown to the wil of the people what are you who endeuour thus boldly to abuse both our iudgement conscience Are you religious are you of ciuil either nature or education who vnder the name of Ciuilian do open the way to all maner of deceits periuries tumults treasons What are you For you shewe your selfe more prophane then Infidels more barbarous then Caniballs Tartarians Moores Mammelucks who though they beare themselues in nothing more then hatred and cōtempt yet do they both loue honor their kings I see what you are the very true follower of the Anabaptists in Garmanie who openly professed that they must ruinate the state of kings And who can assure vs for your corrupt dealing make all suspitions credible that you doe not also follow them both in desire and hope to imbrace the Monarchy of the whole world The difference betweene you is this they pretended reuelation for their warrant you worke by deceitfull shewe of reason by falsly either alleaging or wresting or corrupting both humane and diuine authoritie In what miserable condition should Princes liue if their slate depended vpon the pleasure of the people in whom company taketh away shame and euery man may laie the fault on his fellow How could they commaund who would obey what could they safely either doe or omit Who knowes a people that knoweth not that suddain opinion maketh them hope which if it be not presently answered they fall into hate choosing and refusing erecting and ouerthrowing as euery winde of passion doth puffe What staiednesse in their will or desire which hauing so many circles of imagination can neuer be enclosed in one point And whereas you write that God alwaies approueth the will and iudgement of the people as being properly the iudge of the whole businesse and that euery particular man must simply submit himselfe therevnto without further inquisition although at diuers times they determine contraries as they did betweene the houses of Lancaster and Yorke because we must presume that they were ledde by different respects You seeme not obscurely to erect thereby another priuiledged power vppon earth which cannot erre which doth not deceiue But it may be some honest minded man will say that howsoeuer you write your meaning was otherwise you write also afterward that in two cases euery priuate man is bounde to resist the iudgement of the whole people to the vttermost extent of his abilitie Well then let vs take you for a man whose sayings disagree both from your meaning and betweene themselues let vs consider what are your two exceptions The first is when the matter is carried not by way of orderly iudgement but by particular faction of priuate men who will make offer to determine the cause without authoritie of the Realme committed vnto them But this exception is so large that it deuoureth the whole rule for in actions of this qualitie the originall is alwaies by faction the accomplishment by force or at least by feare howsoeuer they are sometimes countenanced with authoritie of the state So Sylla hauing brought his legions within the walles of Rome obteined the lawe Valeria to be published whereby he was created Dictator for 24. yeares by meanes of which force Cicero affirmeth that it was no lawe Likewise Lawrence Medices hauing an armie within Florence caused or rather constrained the Citizens to elect him Duke When Henry the fourth was chosen king ho held fortie thousand men in Armes And this is most euident by your owne example of foure contrary actes of Parliament which at diuers times were made during the contention betweene the families of Lancastar and Yorke not vpon different reasons as with little reason you affirme but vpon different successe of either side In matters of this moment the orderly course of proceeding is onely by Parliament The Parliament must bee summoned by the Kings vvrit and no act thereof hath life But by expresse consent of the King If this forme had alvvayes beene obserued neyther our Kinges should haue beene deposed nor the next successours excluded nor the title of the crowne entangled to the inestimable both weakning waste of all the Realme Your second exceptiō is when such a man is preferred to the crowne by whō God is manifestly offended the realme preiudiced or endangered in which case you say euery man with a free and vntrowled conscience may resist what he can It was euen here I looked for you Your broyling spirits do nothing else but fling firebrands heape on wood to set kingdomes in combustiō What rebellion what reuolt hath euer bin made but vnder some of these pretenses what Princes actions either by malicious or ignorant interpretation may not easily be drawen to one of these heades you are a nursery of war in the common-wealth a Seminary of schisme diuisiō in the church In sum all your actions all your thoughts are barbarous bloody You write much of right iustice but you measure the right iustice of a cause by the aduantage of your owne affaires You speak as hauing a tender touch of the glorie of God but you stretch out your throate with high wordes of contradiction against him You
make shew of care to preâ—erue the state but you are like the Iuy which â—eemeth outwardly both to imbrace and adorne the wall whereinto inwardly it doth both eate vndermine For what meanes either more readie or forceable to ouerthrow a state then faction and intestine quarels and what other milke doe you yeelde what are your opinions what your exhortations but either to set or to holde vp sedition and bloodshead Saint Paule teacheth vs not to resist higher powers although both cruel and prophane you teach vs to resist them what we can the Apostle is followed of al the auntient Fathers of the church you are followed of those only who follow the Anabaptists For my part I had rather erre with the Apostle in this opposition then holde truth with you But I will speake more moderately in a subiect of such nature I wil not say theÌ„ that I had rather erre but that I shall lesse feare to erre in not resisting with the Apostle theÌ„ in resisting with you New councels are alwaies more plausible then safe After you haue plaide the Suffenus with your selfe in setting the garland vpon your owne head and making your imaginarie audience to applaude your opinion as worshipfully wise you proceede to declare what ought chiefly â—o be regarded in furthering or hindering any Prince towards the Crowne Three points you say are to bee required in euerie Prince religion chiualrie and iustice and putting aside the two last as both handled by others and of least importance you assume onely to treate of religion wherein eyther errour or want doth bring inestimable damage to any state You drawe along discourse that the highest end of euery Common-wealth is the seruice worship of God and consequently that the care of religion is the principall charge which pertaineth to a King And therfore you conclude that whatsoeuer prince doth not assist his subiects to attaine this ende omitteth the chief part of his charge committeth high treason against his Lord and is not fit to holde that dignitie though he performe the other two partes neuer so well And that no cause can to iustly cleare the conscience whether of the people or of particular men in resisting the entrance of any Prince as if they iudge him faultie in religion This is neither nothing nor all which you say In electiue states the people ought not to admit any man for King who is eyther colde or corrupt in religion but if they haue admitted such a one with soueraigne authoritie they haue no power at pleasure to remoue him In successiue kingdomes wherein the people haue no right of election it is not lawfull for priuate men vpon this cause to offer to impeach either the entraÌ„ce or coÌ„tinuance of that king which the lawes of the State do present vnto them not only because it is forbidden of God for that is the least part of your regard but because disorderly disturbance of a setled forme in gouernment traineth after it more both impieties and dangers then hath euer ensued the imperfections of a king I will come more close to the point in controuersie and dispell these foggie reasons which stand betweene your eye and the truth There are two principall parts of the lawe of God the one morall or natural which containeth three points sobrietie in our selues iustice towards others and generally also reuerence and pietie towards God the other is supernaturall which containeth the true faith of the mysteries of our saluation and the speciall kind of worship that God doth require The first God hath deliuered by the ministrie of nature to all men the second he doth partly reueale partly enspire to whoÌ„ he please and therefore although most nations haue in some sort obserued the one yet haue they not only erred but failed in the other During the time of the lawe this peculiar worship of God was appropriate only to the people of Israel in a corner kingdome of the world the flourishing Empires of the Assirians Medes Persians AegyptiaÌ„s Graecians Syrians and Romans eyther knew it not or held it in contempt The Israelites were almost alwaies in subiection vnder these both Heathen tyrannicall gouernments yet God by his Prophets enioyned them obedience affirming that the hearts of kings were in his hands that they were the officers of his iustice the executioners of his decrees In the time of grace the true mysteries both of worship and beliefe were imparted also to other nations but the ordinarie meanes to propagate the same was neither by policie nor by power When S. Peter offered prouident counsell as hee thought vnto Christ aduising him to haue care of himselfe and not to go to Hierusalem where the Iewes sought to put him to death Christ did sharply reproue him for it when he did drawe his sword and therwith also drew bloud in defence of Christ hee heard this sentence They that take the sworde shall perish with the sworde Christ armed his Apostles onely with firie tongues by force whereof they maintained the fielde against all the stratagems and strength in the world And when Princes did not onely reiect but persecute their doctrine they taught their subiects obedience vnto them they did both encounter and ouercome them not by resisting but by persisting and enduring This course seemeth straunge to the discourse of of reason to plant religion vnder the obedience of kings not only carelesse therof but cruell against it but when we consider that the Iewes did commonly forsake God in prosperitie and seeke him in distresse that the Church of Christ was more pure more zealous more entire I might also say more populous when shee trauelled with the storme in her face then when the winde was eyther prosperous or calme that as S. Augustine saith Want or weakenesse of faith is vsually chastised with the scourges of tribulatioÌ„s We may learne thereby no further to examine but to admire and embrace the vnsearchable wisedome and will of God Seeing therefore that this is appointed the ordinarie meanes both to establish and encrease religioÌ„ may we aduenture to exchange it with humane deuices Is it the seruants dutie eyther to contradict or dispute the maisters commaundement is there any more readie way to proue an heretike then in being a curious questionist with God is hee bounde to yeelde to any man a reason of his will It is more then presumption it is plaine rebellioÌ„ to oppose our reason against his order against his decree It standeth also vpon common rules That which is contrary to the nature of a thing doth not helpe to strengthen but to destroy it It is foolish to adde externall stay to that which is sufficient to support it selfe It is sencelesse 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 practise of the auntient Fathers of the