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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91487	Severall speeches delivered at a conference concerning the power of Parliament, to proeeed [sic] against their King for misgovernment. In which is stated: I. That government by blood is not by law of nature, or divine, but only by humane and positive laws of every particular common-wealth, and may upon just causes be altered. II. The particular forme of monarchies and kingdomes, and the different laws whereby they are to be obtained, holden and governed ... III. The great reverence and respect due to kings, ... IV. The lawfulnesse of proceeding against princes: ... V. The coronation of princes, ... VI. What is due to onely succession by birth, and what interest or right an heire apparent hath to the crown, ... VII. How the next in succession by propinquity of blood, have often times been put back by the common-wealth, ... VIII. Divers other examples out of the states of France and England, for proofe that the next in blood are sometimes put back from succession, ... IX. What are the principall points which a common-wealth ought to respect in admitting or excluding their king, wherein is handled largely also of the diversity of religions, and other such causes.	Parsons, Robert, 1546-1610, attributed name.	1648 (1648)	Wing P573; Thomason E521_1; ESTC R203152	104,974	80

SEVERALL SPEECHES Delivered At a Conference concerning the Power of Parliament to proceed against their KING for MISGOVERNMENT In which is Stated I. That Government by blood is not by Law of Nature or Divine but only by humane and positive Laws of every particular Common-wealth and may upon just causes be altered II. The particular forme of Monarchies and Kingdomes and the different Laws whereby they are to be obtained holden and governed in divers Countries according as each Common-wealth hath chosen and established III. The great reverence and respect due to Kings and yet how divers of them have been lawfully chastised by their Parliaments and Common-wealths for their misgovernment and of the good and prosperous successe that God commonly hath given to the same IV. The lawfulnesse of proceeding against Princes what interest Princes have in their Subjects goods or lives how Oathes do binde or may be broken by Subjects towards their Princes and finally the difference between a good King and a Tyrant V. The Coronation of Princes and manner of their admitting to their authority the Other which they doe make in the same unto the Common-wealth for their good Government VI. What is due to onely Succession by birth and what interest or right an Heire apparent hath to the Crown before he is Crowned or admitted by the Common-wealth and how justly he may be put back if he have not the parts requisite VII How the next in succession by propinquity of blood have often times been put back by the Common-wealth and others further off admitted in their places even in those Kingdoms where succession prevaileth with many examples of the Kingdomes of Israel Spaine VIII Divers other examples out of the States of France and England for proofe that the next in blood are sometimes put back from succession and how God hath approved the same with good successe IX What are the principall points which a Common-wealth ought to respect in admitting or excluding their King wherein is handled largely also of the diversity of Religions and other such causes LONDON Printed by Robert Ibbitson dwelling in Smith field neere the Queens-head-Tavern MDCXLVIII The first Speech THe Examples of a mad or furious Heir apparent or of one that were by Education a Turke or Moor in Religion or by Nature deprived of his Wit or Senses do plainly prove that propinquity of Birth or Bloud alone without other circumstances is not sufficient to be preferred to a Crown for that no Reason or Law Religion or Wisedom in the World can admit such Persons to the Government of the Common-wealth by whom no good but destruction may be expected to the same seeing that Government was ordeined for the benefit of the Weal-publique and not otherwise And though some in these our Dayes have affirmed the contrary and published the same in writing for the defence flattery or advancement of the Prince they favour affirming that even a fool mad or furious man or otherwise so wicked as he would endeavour to destroy the Common-wealth were to be admitted to the Seat Royal without further consideration if he be next in Bloud yet this is manifestly agaist all reason and conscience and against the very first end and purpose of institution of Common-wealths and Magistrates Hereof it doth ensue that some other Conditions also must needs be requisite for coming to Government by Succession besides the onely propinquity or priority in Bloud and that the Conditions must be assigned and limited out by some higher Authority than is that of the Prince himselfe who is bound and limited thereby and yet it seemeth evident they are not prescribed by any Law of Nature or Divine for that then they should be both immutable and the selfe-same in all Countries as God and Nature are one and the same to all without change where notwithstanding we see that these Conditions and Circumstances of succeeding by Birth are divers or different in different Countries as also they are subject to changes according to the diversity of Kingdomes Realmes and People whereby we are forced to conclude that every particular Countrey and Common-wealth hath prescribed these Conditions to it selfe and hath Authority to do the same For better proof whereof it is first of all to be supposed that albeit sociability or inclination to live together in company Man with Man whereof ensueth both City and Common-wealth as Aristotle gathereth in his first Book of Politiques be of Nature and consequently also of God that is Authour of Nature though Government in like manner and jurisdiction of Magistrates which do follow necessarily upon this living together in company be also of Nature yet the particular Forme or manner of this or that Government in this or that Fashion as to have many Governours few or one and those either Kings Dukes Earles or the like or that they should have this or that Authority more or lesse for longer or shorter time or be taken by Succession or Election themselves and their Children or next in Bloud all these things I say are not by Law either Natural or Divine for then as hath been said they should be all one in all Countries and Nations seeing God and Nature is one to all but they are ordained by particular positive Lawes of every Countrey But now that sociability in Mankinde or inclination to live in company is by Nature and consequently ordained by God for the common benefit of all is an easie thing to prove seeing that all ground of Realmes and Common-wealths dependeth of this point as of their first Principle for that a Common-wealth is nothing else but the good Government of a Multitude gathered together to live in one and therefore all old Philosophers Law-makers and Wise men that have treated of Government or Common-wealths as Plat● in his ten most excellent Bookes which he wrote of this matter intituling them of the Common-wealth Plato de repub Cicero de repub Arist. Polit. And Marcus Cicero that famous Councellour in other six Books that he writ of the same matter under the same Title And Aristotle that perhaps excelleth them both in eight Bookes which is called his Politiques All these I say do make their entrance to treat of their Common-wealth affaires from this first Principle to wit That man by Nature is sociable and inclined to live in company whereof do proceed first all private Houses then Villages then Townes then Cities then Kingdomes and Common-wealths This ground and Principle then do they prove by divers evident reasons as first for that in all Nations never so wilde and barbarous we see by experience that by one way or other they endeavour to live together either in Cities Townes Villages Caves Woods Tents or other like manner according to the Custome of each countrey Pompon Mela. lib. 3. cap. 3 4. Tacit. lib. 8. which universal instinct could never be in all but by impression of Nature it selfe Secondly they prove the same by that the use of speech is

worst The second Forme which is called Oligarchia or Aristocratia for that a few and those presumed to be the best are joyned together in Authority as it doth participate something of both the other Governments to wit of Monarchia and Democratia or rather tempereth them both so hath it both good and evil in it but yet inclineth more to the evil for the dis-union that commonly by man's infirmity and malice is among those Heads for which cause the States before named of Venice and Genua which were wont to have simply this Government of Aristocratia in that their Regiment was by certain chose Senatours were enforced in the end to chuse Dukes also as Heads of their Senates for avoiding of dissention and so they have at this day though their Authority be but small as hath been said We see also by the examples of Carthage and Rome where Government of Aristocratia took place that the division and factions among the Senatours of Carthage was the cause why aid and succour was not sent to Hannibal their Captain in Italy after his so great and important victory at Cannas which was the very cause of the saving of the Roman Empire and the losse of their own and also afterwards the emulations discord and dis union of the Roman Senatours among themselves in the affaires and contentions of Marius and Sylla and of Pompry and Caesar was the occasion of all their destruction and of their Common-wealth with them Tit. Liv. l. 30. Entrop l. 3. Oros l. 5. 6. Evident then it is that of all other Governments the Monarchy is the best and least subject to the inconveniences that other Governments have and if the Prince that governeth alone and hath supreme authority to himselfe as he resembleth God in this point of sole Government so could he resemble him also in wise discreet and just Government and in ruling without passion no doubt but that nothing more excellent in the World could be desired for the perfect felicity of his Subjects but for that a King or Prince is a man as others be and thereby not onely subject to errours in judgement but also to passionate affections in his will for this cause it was necessary that the Common-wealth as it gave him this great power over them so it should assigne him also the best helpes that might be for directing and rectifying both his will and judgement and make him therein as like in Government to God whom he representeth as man's frailty can reach unto For this consideration they assigned to him first of all the assistance and direction of Law whereby to governe which Law Aristotle saith Est meus quaelam nulle perturbata affectu Arist l. 3. Pol. c. ult It is a certain minde disquieted with no disordinate affection as mens mindes commonly be for that when a Law is made for the most part it is made upon due considlration and deliberation and without perturbation of evil affections as anger envy hatred rashnesse or the like passions and it is referred to some good end and commodity of the Common-wealth which Law being once made remaineth so still without alteration or partial affection being indifferent to all and partial to none but telleth one tale to every man and in this it resembleth the perfection as it were of God himselfe for the which cause the said Philosopher in the same place addeth a notable wise saying to wit That he which joyneth a Law to governe with the Prince joyneth God to the Prince but be that joyneth to the Prince his affection to governe joyneth a beast Ar. l. 3. Pol. c. 12. For that mens affections and concupiscences are common also to Beasts so that a Prince ruling by Law is more than a man or a man deified and a Prince ruling by affections is lesse than a man or a man brutified In another place also the same Philosopher saith that a Prince that leaveth Law and ruleth himselfe and others by his own appetite and affections Of all creatures is the worst and of all beasts is the most furious and dangerous Arist l. 1. Pol. c. 2. For that nothing is so outragious as injustice armed and no armour is so strong as wit and authority whereof the first he hath in that he is a man and the other in that he is a Prince For this cause then all Common-wealths have prescribed Lawes unto their Princes to govern thereby as by a most excellent certain and immutable rule to which sense Cicero said Leges sunt inventae ut omnibus semper una eadem voce loquerentur Lawes were invented to the end they should speak in one and the selfe same sense to all men Cic. l. 2. Offic. For which very reason in like manner these Lawes have been called by Philosophers a rule or square inflexible and by Aristotle in particular a minde without passion as hath been said but the Prophet David who was also a Prince and King seemeth to call it by the name of Discipline for that as Discipline doth keep all the parts of a man or of a particular house in order so Law well ministred keepeth all the parts of a Common-wealth in good order and to shew how securely God exacteth this at all Princes hands he saith these words And now learn ye Kings and be instructed ye that judge the World serve God in fear and rejoyce in him with trembling imbrace ye discipline least he enter into wrath and so ye perish from the way of righteousnesse Psal 2. Which words being uttered by a Prophet and King do contain divers points of much consideration for this purpose as first that Kings and Princes are bound to learne Law and Discipline and secondly to observe the same with great humility and fear of Gods wrath and thirdly that if they do not they shall perish from the way of righteousnesse as though the greatest plague of all to a Prince were to lose the way of righteousnesse law and reason in his Government and to give himselfe over to passion and his own will whereby they are sure to come to shipwracke and thus much of the first helpe The second helpe that Common-wealths have given to their Kings and Princes especially in later Ages hath been certain Councels and Councelours with whom to consult in matters of most importance as we see the Parliaments in England and France the Courts in Spain and Diets in Germany without which no matter of great moment can be concluded and besides this commonly every King hath his Privy Councel whom he is bound to hear and this was done to temper somewhat the absolute forme of a Monarchy whose danger is by reason of his sole Authority to fall into tyranny as Aristotle wisely noteth in his fourth Book of Politiques shewing the inconvenience or dangers of this Government which is the cause that we have few or no simple Monarchies now in the World especially among Christians but all are mixt lightly with divers points

of the other two formes of Government also and namely in England all three do enter more or lesse for in that there is one King or Queen it is a Monarchy in that it hath certain Councels which must be heard it participateth of Aristocratia and in that the Commonalty have their voyces and Burgesses in Parliament it taketh part also of Democratia or popular Government All which linitations of the Princes absolute Authority as you see do come from the Common-wealth as having authority above their Princes for their restraint to the good of the Realme From like Authority and for like considerations have come the limitations of other Kings and kingly power in all times and Countries from the beginning both touching themselves and their posterity and successours as briefly in this place I shall declare And first of all if we will consider the two most renowned and allowed States of all the World I mean of the Romans and Grecians we shall finde that both of them began with Kings but yet with farre different Lawes and restraints about their Authorities for in Rome the Kings that succeeded Romulus their first Founder had as great and absolute Authority as ours have now a dayes but yet their children or next in bloud succeeded them not of necessity but new Kings were chosen partly by the Senate and partly by the people as Titus Livius testifieth Livil 1 dec 1. So as of three most excellent Kings that ensued immediatly after Romulus to wit Numa Pompilius Tullius Hostilius and Tarquinius Priscus none of them were of the Bloud Royal nor of kin the one to the other no nor yet Romans borne but chosen rather from among strangers for their vertue and valour and that by election of the Senate and consent of the People In Grecce and namely among the Lacedemonians which was the most eminent Kingdom among others at that time the succession of children after their fathers was more certain but yet Aristotle noteth Arist l. 2. c. 8. Pol. Plutarch in Lycurg Their authority and power was so restrained by certain Officers of the people named Ephori which commonly were five in number as they were not onely checked and chastened by them if occasion served but also deprived and somtimes put to death for which cause the said Philosopher did justly mislike this eminent jurisdiction of the Ephori over their Kings but yet hereby we see what authority the Common-wealth had in this case and what their meaning was in making Lawes restraining their Kings power to wit thereby the more to binde them to do justice which Cicero in his Offices uttereth in these words Justitiae fruendae causa apud majores nostros in Asia in Europa bene morati Reges olim sunt constiti c. at cum jus aquabile ab 〈◊〉 viro homines non consequerentur inventae sunt leges Cic. l. 2. Offic. Good Kings were appointed in old time among our Ancestours in Asia and Europe to the end thereby to obtain justice but when men could not obtain equal justice at one mans hands they invented Lawes The same reason yeildeth the same Philosopher in another place not onely of the first institution of Kingdomes but also of the change thereof again into other Government when these were abused Omnes antiquae gentes regibus quondam paruerunt c. Cic. l. 3. de legibus That is All old Nations did live under Kingdomes at the beginning which kinde of Government first they gave unto the most just and wisest men which they could finde and also after for love of them they gave the same to their posterity or next in kin as now also it remaineth where kingly Government is in use but other Countries which liked not that forme of Government and have shaken it off have done it not that they will not be under any but for that they will not be ever under one onely Thus far Cicero and speaketh this principally in defence of his own Common-wealth I mean the Roman which had cast off that kinde of Government as before hath been said for the offence they had taken against certain Kings of theirs and first of all against Romulus himselfe their first Founder for reigning at his pleasure without law as Titus Livius testifieth for which cause the Senatours at length slew him and cut him in small pieces And afterwards they were greatly grieved at the entring of Scrvius Tullius their sixth King for that he gat the Crown by fraud and not by Election of the Senate and special approbation of the people as he should have done but most of all they were exasperated by the proceeding of their seventh King named Lucius Tarquinius sirnamed the proud who for that he neglected the Lawes of Government prescribed to him by the Common-wealth as namely in that he consulted not with the Senate in matters of great importance and for that he made War and Peace of his own head and for for that he appointed to himselfe a Guard as though he had mistrusted the People and for that he did use injustice to divers particular men and suffered his children to be insolent he was expelled with all his posterity and the Government of Rome changed from a Kingdom unto the Regiment of Consuls after two hundred yeares that the other had endured And thus much of those Kingdomes of Italy and Greece and if likewise we will look upon other Kingdomes of Europe we shall see the very same to wit that every Kingdom and Countrey hath his particular Lawes prescribed to their Kings by the Common wealth both for their Government Authority and Succession in the same for if we behold the Roman Empire it selfe as it is at this day annexed to the German Electours though it be first in Dignity among Christian Princes yet shall we see it so restrained by particular Lawes as the Emperour can do much lesse in his State than other Kings in theirs for he can neither make War nor exact any contribution of men or money thereunto but by the free leave and consent of all the States of the German Die● or Parliament and for his children or next in kin they have no action interest or pretence at all to succeed in their Fathers Dignity but onely by free Election if they shall be thought worthy nay one of the chiefest points that the Emperour must swear at his entrance as Sleydan writeth Sleydan l. 8. Anno 1532. is this That he shall never go about to make the Dignity of the Emperour peculiar or bereditary to his Family but leave it unto the seven Electours free in their power to chuse his Successour according to the Law made by the Pope ●regory the fifth and the Emperour Charles the fourth in this behalfe Blond Dicad 2. l. 3. Crant l. c. 25. The Kingdomes of Poloma and Bohemia do go much after the same fashion both for their restrant of power and succession to their Kings For first touching their

unto this King Sissinandus Ambros Maral l. 11. cap. 17. and speaketh infinite good in the same of the vertues of King Suintila that was now deposed and condemned in this said Councel whereby it is to be presumed that he had changed much his life afterward became so wicked a man as here is reported After this the Councel confirmeth the Title of Sissinandus and maketh decrees for the defence thereof but yet insinuateth what points he was bound unto and whereunto he had sworn when they said unto him To quoque p●●aesentem 〈◊〉 Ac juturos aelatum sequentium principes c. We do require you that are our present King and all other our Princes that shall follow hereafter with the humility which is convenient that you be meeke and moderate towards your Subjects and that you govern your people in justice and piety and that none of you do give sentence alone against any man in cause of life and death but with the consent of your publike Councell and with those that be Governours in matters of judgement And against all Kings that are to come we do promulgate this sentence that if any of them shall against the rever●nce of our Lawes exercise cruel authority with proud domination and Kingly Pompe only following their own concupiscence in wickednes that they are condemned by Christ with the sentence of excommunication and have their separation both from him and us to everlasting judgement But in the next two yeares after the end of this Councel King Sissinandus being now dead and one Chintilla made King in his place there were other two Councels gathered in Toled● the first whereof was but Provinciall and the second Nationall and they are named by the names of the fifth and sixt Councels of Toledo Ambros Moral l. 11. cap. 23. 24. In the which Councells according to the manner of the Gothes who being once converted from the Arrian haere●ie were very catholick and devout ever after and governed themselves most by their Clergy and not only matters of Religion were handled but also of State and of the Common Wealth Concil 5. cap. 2 3 4. 5. conc 6. cap. 16. 17 18. especially about the succession to the Crown safety of the Prince provision for his Children friends Officers and favorites after his death and against such as without election or approbation of the Common-Wealth did aspire to the same all these points I say were determined in these Councels and among other points a very s●vere decre● was made in the sixt Councel conc●rning the Kings Oath at his admission in these words Consonan une corde ore promulgamus Deo placituram sententiam Coucil Td. 6. c. 3. We do promulgate with one heart and mouth this sentence agreeable and pleasing unto God and do decree the same with the consent and deliberation of the Nobles and Peeres of this Realme that whosoever in time to come shall be advanced to the honor and preferment of this Kingdom he shall not be placed in the Royall Seat untill among other conditions he hath promised by the Sacrament of an Oath that he will suffer no man to break the Catholick Faith c. By which words especially among other conditions is made evident that those Princes sweare not only to keepe the Faith but also such other conditions of good Government as were touched before in the fourth Councel and these things were determined while their King Chintill● was present in Tolledo as Ambrosio Morales ●oteth Ambros Moral lib. 1. cap. 23. The distruction of Spayne Before the entrance of the Moores and before the dividing thereof into many Kingdoms which happened about ● hundreth yeares after this to wit in the year of our Saviour 713. and 714. But after the Moores had gayned all Spayne and divided it between them into divers Kingdoms Ambros Moral li. 13. c. 1. 2 de la Chron. de Esp● yet God provided that within foure or five yeares the Christians that were left and fled to the Mountaines of Asturias Biscay found a certain young Prince named Don Pelayo of the ancient blood of the Gotish Kings who was also fled thither and miraculously saved from the enemies whom they chose straight wayes to be their King and he began presently the recovery of Spayne and was called first King of Asturias and afterward of Leon and after his successors got to be Kings also of Castilia and then of Toledo and then of Aragon Barcelona Valentia Murcia Cartagena 〈◊〉 Cortuba Granado Siuil Portugall and Nauarra all which were different Kingdoms at that time so made by the Moores And all these Kingdoms were gained againe by little and little in more then 700. yeares space which were lost in lesse then two years and they never came again indeed into one Monarchy as they were under Don Rod●igo their last King that lost the whole untill the yeare of our Lord 158● when Don Philippe King of Spayne re-united again unto that Crown the Kingdom of Portugall which was the last peece that remayned seperated and this was almost 900. yeares after Spayne was first lost But now to our purpose the Chronicler of Spain named Ambrosio Morales doth record in his Chronicle a certain Law written in the Gotish-tongue left since the time of this Don Pelay● the first King after the universal distruction of Spain the title of the Law is this Como se an delevantar Reyen Espùa y como el ha de lurar los fueros Ambros Moral l. 13. c. 2. that is to say how men must make their King in Spain and now he must swear to the priviledges and liberties of that Nation then he putteth the Articles of the Law whereof the first saith thus before all things it is establish●d for a law liberty and priviledge of Spayne that the King is to be placed by voices and consent perpetually and this to the intent that no evill King may enter without consent of the people seeing they are to give to him that which with their blood and labours they have gained of the Moores Lucas Episcop Tuyens in histor Hispan Loudou de molin lib. de hered Thus far goeth this first article which is the more to be marked for that divers and those most ancient Spanish Authors do say that from this Don Pelayo the succession of Kings descended ever by propinquity of blood and yet we see that election was ioyned there withall in expresse termes The second part of the law containeth the manner of ceremonies used in those old dayes at the admission of their Kings which is expressed in these words let the King be chosen aud admitted in the Metropolitan City of this Kingdome or at least wise in some Cathedrall Church and the night before he is exalted let him watch all night in the Church and the next day let him here masse let him offer at Masse a peece of Scarlet and some of his own money and after let him communicate

truly nor the example of one Princes punishment maketh another to beware for the next successour after this noble Edward which was King Richard the second though he were not his son but his sons son to wit son and heire to the excellent and renowned black Prince of Wales this Richard I say forgetting the miserable end of his great Grandfather for evill government as also the felicity and vertue of his Father and Grandfather for the contrary suffered himselfe to be abused and misled by evill councellours to the great hurt and disquietnesse of the Realme For which cause after he had reigned 22. yeares he was deposed by act of Parliament holden in London the yeare of our Lord 1399. and condemned to perpetuall prison in the Castle of Pomfret Polyd. l. 20. hist Aug. 1399. where he was soon after put to death also and used as the other before had been and in this mans place by free election was chosen for King the noble Knight Henry Duke of Lancaster who proved afterwards a notable King and was father to King Henry the fifth sirnamed commonly the Alexander of England for that as Alexander the great conquered the most part of Asia in the space of 9. or 10. yeares so did this Henry conquer France in lesse then the like time I might reckon also this number of Princes deposed for defect in government though otherwise he were no evill man in life this King Henry the fourths nephew I mean King Henry the sixt who after almost forty yeares reigne was deposed imprisoned and put to death Polyd. l. 23. ●istor Anglie together with his sonne the Prince of Wales by Edward the fourth of the house of Yorke and the same was confirmed by the Commons and especially by the people 〈◊〉 London and afterwards also by publicke Act of Parliament in respect not only of the title which King Edward pretended but also and especially for that King Henry did suffer himselfe to bee overruled by the Queen his wife and had broke the articles of agreement made by the Parliament between him and the Duke of Yorke and solemnly sworne on both sides the 8. of Octob. in the yeare 1459. In punishment whereof and of his other negligent and evill government though for his owne particular life he was a good man sentence was given against him partly by force and partly by law and King Edward the fourth was put in his place who was no evill King and all English men well know but one of the renownedst for martiall acts and justice that hath worne the English Crowne But after this man againe there fell another accident much more notorious which was that Richard Duke of Glocester this King Edwards yonger brother did put to death his two nephews this mans children to wit King Edward the fifth and his little brother and made himselfe King and albeit he sinned grievously by taking upon him the. Crown in this wicked manner yet when his nephews were once dead he might in reason seem to be lawfull King both in respect that he was the next male in blood after his said brother as also for that by divers acts of Parliament both before and after the death of those infants his title was authorised and made good and yet no man wil say I think but that he was lawfully also deposed again afterward by the Commonwealth An. 1487. which called out of France Henry Earle of Richmond to chastise him and to put him downe and so he did and tooke from him both life and Kingdome in the field and was King himselfe after him by the name of King Henry the seventh and no man I suppose will say but that he was lawfully King also which yet cannot be except the other might lawfully be deposed I would have you consider in all these mutations what men commonly have succeeded in the places of such as have been deposed as namely in England in the place of those five Kings before named that were deprived to wit John Edward the second Richard the second Henry the sixt and Richard the third there have succeeded the three Henries to wit the third fourth and seventh and two Edwards the third and fourth all most rare and valiant Princes who have done infinit important acts in their Commonwealths and among other have raised many houses to Nobility put downe others changed states both abroad and at home distributed Ecclesiasticall dignities altered the course of discent in the blood Royall and the like all which was unjust is void at this day if the changes and deprivations of the former Princes could not be made and consequently none of these that doe pretend the Crowne of England at this day can have any title at all for that from those men they descend who were put up in place of the deprived And this may be sufficient for proofe of these two principall points that lawfull Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment and that God hath allowed and assisted the same with good successe unto the Weal-publique and if this be so or might be so in Kings lawfully set in possession then much more hath the said Commonwealth power and authority to alter the succession of such as doe but yet pretend to that dignity if there be due reason and causes for the same The fourth Speech TRuly Sir I cannot deny but the examples are many that this Gentleman hath alleaged and they seeme to prove sufficiently that which you affirmed at the beginning to wit that the Princes by you named were deprived and put downe by their Common-wealths for their evill government And good successors commonly raised up in their places and that the Common-wealth had authority also to doe it I doe not greatly doubt at leastwise they did it de facto and now to call these facts in question were to embroyle and turne up-side-down all the States of Christendome as you have well signified but yet for that you have added this word lawfully so many times in the course of your narration I would you tooke the paines to tell us also by what Law they did the same seeing that Belloy whom you have named before and some other of his opinion doe affirme Belloy apolog catholic part 2. paragraf 9. apol pro rege cap. 9. That albeit by nature the Common-wealth have authority over the Prince to chuse and appoint him at the beginning as you have well proved out of Aristotle and other wayes yet having once made him and given up all their authority unto him he is now no more subject to their correction or restraint but remaineth absolute of himselfe without respect to any but onely to God alone which they prove by the example of every particular man that hath authority to make his Master or Prince of his inferiour but not afterwards to put him downe againe or to deprive him of the authority which he gave him though he should not beare himselfe well and

300. years after recorded by the same author of the Emperour Michaell the first in these words The Grecian Emperours oath Michaell ubi dilaxit magnam ecclesiam ingressus a Patriarcha Nicephoro imperatorio diademate est ornatus post silato scripto quo promilleret se nulla eccleisa instituta violatu●um neque christianorum sanguine manus contaminaturum Zon. To● 3. in vita Mich. An. 820. ●hich is Michell new chosen Emperour came early in ●he morning into the great Church of Constantinople and was crowned there with the Emperial crown by the hands of Nicephorus the Patriarch but yet so as he was first required to swear and promise by writing that he would never violate the ordinances of the Church nor contaminat is hands with christian bloud which in effect is as much to say as that he should reign godly justly many other such examples might be alledged but by this it is easie to see what was the fashion of admitting crowning those Grecian Emperours by their Patriarks in the name of all the Common-wealth which Common-wel●h was not satisfied with an oath except also it were set down in writi●g And if we passe to the Latine VVest Empire which about this very time was restored by Zachary the Pope by the whole Common-welth of Rome was given to Cha●les the great his Posterity we shall find that this point is more setled more inviolably kept vet in this Empire then in the other for albeit that this Empire 〈◊〉 West went by succession for the most part at the begining untill afterwards it was appointed by Pope Gregory the 5. to passe by the election of certaine Princes in Germany that now enjoy that priviledge to be Electors yet shal we see alwayes that they even before this constitution when this dignity went by succession were never admi●ted to the same without this circumstance of swearing to conditions of righteous government the forme manner o which admission for that I find it set down more perfectly perticulerly in the coronation of O●ho the I then of any other Emperor that by many Authors that this Otho was son heyr unto the famous Emperor of Hen. 1. of that name Duke of Saxony surnamed the Faulkner for the great delight ●e had in the flight of Faulcons Saxo Gram. l. 10. Cranzio l. 3. metro c 12. for these causes I mean to begin with the coronation of this man before any other This otho then son to H. ● though being his heir so named by H. himself to the inheritance of the said r●●wn of Germany yet was he not admitted thereunto untill he had made his oath received his new approbation by the people for so the story saith that the Archbishop of Moguntia the chief Prunate of all Germany bringing him to the Alter where he must swear said these words unto the people Behold I bring you here Otho chosen by God appointed ou● by his Father Henry our Lord now made King by all the Princes of this Empire if this election please you do you signifie the same by ho●●din● up your hands to Heaven Whitich ndus gest Saxon lib. 1. And the● upon the said Archbishop turned about to the Alter where lay all the ornaments ensigns of the Empire as the sword with the girdle the cloke with the bracelets th● staf with the scepter diadem every one whereo● the Archbishop out up ●n the Emperor telling him the signification of every thing what it did bind him un●o as for example when he put the sword about him he said accipe hunc gladium quo ejicias omnes Christi adversari●s ma●os christianos authoritate divino per Episcopos tibi tradita w●t●chin l. 2 which is take unto thee this sword wh●reby thou mayst cast out drive away all the enemies of Christ whether they be barbarous infidels or evill christians this by the authority of God delivered unto thee by us And thus he ●id with all other ornaments ensigns telling the signification obligation of every one taking the Emperours promise to perform all And after al Rex persusus olco sancto co●onatur diademate aureo ab Episcopis ab eisdem ad soticitur in eo colocatur The King being annointed with holy oyle was crowned by the Bishops and by the same was brought to the royall seat and therein placed This happened about the year of Christ 940. and the ceremony is recounted in ore amply in this mans coronation then in any other both for that he was a very noble prince and the very first of the Germain nation that was lawfully and orderly preferred to the imperiall feat after that it passed from the children of Charles the great and there be divers points worthy the noting in this example and among other that albeit he were lawful King and Emperour by succession as also by appointment of his Father yet was he chosen and admitted againe by the Princes and people and that he swore to fulfill all those points and conditions which the signification of the Emperial ornaments did bind him unto After this about 60 Yeares or more Pope Gregory the 5. in a synod holden in Rome did by the consent of Otho the 3. Emp●ror Nephew unto this other Oth● appoint a certain form of Election for the time to come of the German Emperour that he should be chosen by six Princes of Germany three eclesiasticall which are the Arch-Bishops of Moguntia Colen and Trevires and three temporall Lords Blend decad 2 li. 3 Crant l. 4. cap. 25. Duke of Saxony the County Palatine of Rhene and the Marques of Brandeburg and when these 6 voices should happen to be equally devided then that the Duke of Bohemia for then it was no Kingdom should have place also to determin the election All which was determined in the Y●are of Christ 996. in Rome and approved afterward by all the Princes of Germany and allowed by all other Christian Princes and states of the world and so endureth unto this day And among all other points of this his Coronation and his Oath to be taken for his well government was and is most exactly set downe and recorded by many historiographers of that time and since But I shall alleadge them only out of Iohn Sleydan as the most convenient Authour for this our time and purpose Sleyd l. 1. Histor An. 1519. First of all after any man is chosen Emperor he is to be called only Cesar and the King of the Romans and not Emperour untill he be Crowned and the conditions which he sweareth unto presently after his election Are to defend the Christian and Catholique Religion to defend the Pope and Church of Rome whose advocate he is to minister iustice equally to all to follow p●ace to keepe and observe all Lawes Rights and Priviledges of the Empy●e not to alienat or engage the possessions of the Empyre to condemn

no man without hearing his cause but to suffer the course of law to have his place in all and whatsoever he shall doe otherwise that it be void and of no Validitie at all Vnto all these Articles he sweareth first by his Legates and then he giveth a copy of his Oath in writing to every one of the six Electors and after this he goeth to the City of Aquis-gran to be crowned in the great Church where about the middle of the Masse the Arch Bishop of Colen goeth unto him in the presence of all the people and asketh whether he be ready to sweare and promise to observe the Catholick Religion defend the Church Minister Iustice protect the Widdows and Fatherlesse and yeald dutifull honour and obedience to the Pope of Rome whereunto he answering that he is ready to do all this the Arch-Bishop leadeth him to the high Alter where he sweareth in expresse words all these Articles which being done the said Arch-Bishop turning himselfe to the Princes of the Empyre and people there present doth aske them whether they be content to swear obedience and fealty unto him who answering yea he is annointed by the said Arch-Bishop before the Alter and then do come the other two Arch-Bishops of Moguntia and Treveris and do lead him into the Vestery where certain Deacons are ready to apparrel him in his robes and do set him in a Chayre upon whom the Arch-Bishop of Colen saith certain prayers and then delivereth him a Sword drawn and putteth a Ring upon his Finger and giveth him a Scepter in his hand and then all the three Arch-Bishops together do put on the Crown upon his head and leading him so crowned and appareled u●to the high Alter again he sweareth the second time that he will do the part of a good Christian and Catholick Emperor Which being ended he is brought back and placed in the Emperiall Seat and Throne where all the Princes of the Empyre do sweare obedience and faith unto him begining with the three Arch-Bishops and continuing on with the three other Electors and so all the rest in order which is a notable and magesticall manner of admitting and authorizing of a Prince as you see and it is to be marked among other things that the Emperour sweareth three times once by his depu●ies twice by himselfe before his Subjects sweare once unto him And yet will Malignants needs have subjects only bound to their Princes and the Prince nothing at all bound to them againe In Polonia which being first a Dukedom was made a Kingdom about the same time that this forme of electing of the German Emperour was prescribed the manner of Coronation of their Kings is in substance the very same that we have declared to be of the Emperour For first of all the Arch-Bishop of Gnesua metropolitan of all Polonia cometh to the King standing before the high Alter and saith unto him these words Whereas you are right noble Prince to receive at our hands this day who are though unworthily in place of Christ for execution of this function the sacred annointing nnd other Ceremonies Ensignes and Ornaments appertaining to the Kings of this Land it shall be well that we admonish you in a few words what the charge importeth which you are to take upon you c. Alex Gua guinterum Polon Tom. 1. Oricho in Chimer fol. 9. and 106. Thus he begineth and after this he declareth unto him for what end he is made King what the obligation of that place and dignity bindeth him unto and unto what points he must sweare what do signifie the Sword the Ring the Sceptor and the Crown that he is to receive and at the delivery of each of these things he maketh both a short exhortation unto him and prayer unto God for him And the Kings Oath in these words Promi●o coram Deo angelis ejus I do promise and swea●e before God and his An●els that I will do Law and Justice to all and keepe the peace of Christ his Church and the union of his catholick Faith and will do and cause to be done du● and canonic●ll honour unto the Bishops of ●his Land and to the rest of the Clergy and if which God forbid I should break my Oath I am content that the Inhabitants of this Kingdom shall owe no duty or obedience unto me as God shall help me and Gods holy Gospels Bodin derep l. 2. c. 9. After this Oath made by the King and received by the subjects the Lord Martiall Generall of the whole Kingdom doth aske with a loud voice of all the Councellors Nobility and people there present whether they be content to submit themselves unto this King or no who answering yea the arch Bishop doth end the residue of the ceremonies doth place him in the royal Throne where all his Subjects do homage unto him and this for Polonia In Spayne I do find that the manner of admitting their Kings was different and not the same before and after the distruction thereof by the Moores bu● yet that in both times their Kings did swear in effect the self-same points which before have been mentioned in other Kingdoms For first before the entring of the Moores when Spayne remained yet one generall Monarchie under the Gothes it is recorded in the four●h nationall Councel of Toled● which was holden the year of our Lord 633. according to Ambrosio Morales the most learned and diligent historiographer of Spayne Amb. Morales li. 11. c. 17. hist Hisp praefat ejusdem concilij though others do appoint it some few years after in this Councel I say it is said that their new King S●ssinandus who had expelled Suintila their former King for his evill Government This King Sissinandus I say coming into the said Councel in the third yeare of his reigne ac●ompanied with a most magnificient number of Nobles that waited on him did fall down prostrate upon the ground before the Arch-Bishops and Bishops there gathered together which were 70. in number and desired them with teares to pray for him and to determine in that Councel that which should be needfull and most convenient both for maintaining of Gods Religion and also for upholding and prospering the whole Common-Wealth whereupon those Fathers after matters of Religion and reformation of manners which they handled in 73. Chapters In the end and last Chapter they come to handle matters of Estate also Concil Tol. 4. c. 74. And first of all they do confirme the deposition of King Suintila together with his Wife Brother and Children and all for his great wickednesse which in the Councel is recounted and they do deprive them not onely of a little to the Crown but also of all other goods possessions moveables and immoveables saving only that which the new Kings mercy should bestow upon them and in this Councel was present and subscribed first of all others ●sidorus Arch-Bishop of Siuil who writing his History of Spayne dedicated the same

no as before hath been shewed which thing were in vain to ask if he were truly King as Belloy saith before his Coronation Again we see in all the formes and different manners of Coronations that after the Prince hath sworn divers times to govern well and justly then do the subjects take other Oathes of obedience and allegiance and not before which argueth that before they were not bound unto him by allegiance and as for the Princes of England it is expresly noted by English Historiographers in their Coronations how that no aliegeance is due unto them before they be Crowned and that only it happened to Henry the fifth among all other Kings his Predecessour to have this priviledg and this for his exceeding towardlinesse and for the great affection of the people towards him that he had homage done unto him before his Coronation and Oath taken Whereof Polidor writeth in these words Princeps Heuricus facto patris funere concilium principum apud Westomansterium convocandum eurat in quo dum de rege creando more maiorum agitabatur esse tibi conti●uo ●aliquot Principes ultro in ejus verba mirare coeperunt quod benevolentiae officium nulli antea priusquam Rex renunciatus esset praestitum constat adeo Henricus ab ineunte aetate sp●m omnibus optimae indolis fecit Polyd●r virg lib. 22. histor Angliae in vita Henrici 5. Which in English is this Prince Henry after he had finished his fathers funeralls caused a Parliament to be gathered at Westminster where whilst consultation was had according to the ancient custome of England about creating a new King behold certain of the Nobility of their own free wils began to swear obedience and loyalty unto him which demonstration of love and good will is well known that it was never shewed to any Prince before until he was declared King So great was the hope that men had of the towardlines of this P. Henry even from his tender age and the very same thing expresseth Iohn Stow also in his Chronicle in these words To this noble Prince by assent of the Parliament all the States of the Realm after 3 dayes offered to do fealty before he was Crowned or had solemnized his Oath well and justly to Governe the Common-wealth which offer before was never found to be made to any Prince of England Stow in the begining of the life of K. Henry 5. In whose narration as also in that of Polidor it may be noted that K. Henry the 5. was not called King untill after his Coronation but only Prince though his father King Henry the 4. had been dead now almost a moneth before And secondly that the Parliament consulted de Rege creando more majorum as Polidor his words are that is making of a new King according to the ancient custome of their ancestors which argueth that he was not yet King though his father were dead nor that the manner of our old English ancestors was to account him so before his admission Thirdly that this demonstration of good will of the Nobility to acknowledge him for King before his Coronation and Oath selemuized well and justly to Governe the Realm was very extraordinary and of meere good will And last of all that this was never done to any Prince before K. Henry the 5 all which points do demonstrate that it is the Coronation and admission that maketh a perfect and true King whatsoever the title by succession be otherwise And that except the admission of the Common-wealth be joyned to succession it is not sufficient to make a lawfull King and of the two the second is of far more importance to wit the consent and admission of the Realm then nearnesse of bloud by succession alone This I might prove by many exampl●s in England it self where admission hath prevailed against right of succession as in Wil. Rufus that succeded the Conquerour and in K. Henry the 1. his brother in K. Stephen K. John and others who by only admission of the Realm were Kings against the order of succession and very specially it may be seene in the two examples before mentioned of the admission of the two Kings Henry and Edward both surnamed the 4. whose entrances to the Crowne if a man do well consider he shall find that both of them founded the best part and most surest of their titles upon the election consent and good will of the people As in their last words to their friends in Sr. Tho. Moore and Stow. Yea both of them at their dying daies having some remorse of conscience as it seemed for they had caused so many men to dye for maintenance of their severall Rights and titles ●ad no better way to appease their own minds but by thinking that they were placed in that roome by the voice of the Realm and consequently might lawfully defend the same and punish such as went about to deprive him You shall find if you looke into the doings of Princes in all ages that such Kings as were most politique and had any lest doubt or suspition of troubles about the title after their deaths have caused their sonnes to be Crowned in their own dayes trusting more to this then to their title by succession thongh they were never so lawfully and lineally discended And of this I could alleadg you many examples out of divers Countries but especially in France since the last line of Capetus came unto that Crown for this did Hugh Capetus himself procure to be done to Robert his Eldest sonne in his owne daies and the like did King Robert procure for his younger son Henry the 1. as Girard holdeth and excluded his elder onely by Crowning Henry in his owne daies Henry also did intreate the States of France to admit and Crown Philip the 1. his eldest son whilst himself reigned An. 1131. and this mans son Luys Le Cros did the same also unto two sons of his first to Philip and after his death to Luys the younger both which were Crowned in their fathers life time and this Luys again the younger which is the seaventh of that name for more assuring of his son named Philip the second intreated the Realm to admit and Crown him also in his own dayes with that great solemnity which in the former chapter hath ben declared And for this very same cause of security it is not to be doubted but that alwaies the Prince of Spaine is sworn and admitted by the Realm● during his Fathers reign The same consideration also moved King David 2 Reg. 1. to Crown his son Salomon in his own daies Our King Henry also the 2 of England considering the alteration of that the Realm had made in admitting K. Stephen Polyd. Stow. in vita Henrici 11. before him against the order of lineall succession by propi●quity of blood and fearing that the like might happen also after him caused his eldest sonne named likewise Henry to be Crowned in his life time so as

his uncles own hands in the castle of Roan thereby to make the titl● of his succession more cleare which yet could not be for that as well Stow in his chtonicle as also Matthew of vvestminster and others before him do write that Geffry beside 〈◊〉 sonne left two daughters by the Lady Constance his wife Countesse and he●r of Brit●ain which by the law of England should have succeeded before Iohn but of this small accompt seemed to be made at that day Some yeares after when the Barons and states of England mi●liked utterly the government and proceeding of this King Iohn they rejected him againe and chose Lewis the Prince of France to be thei● King 3216 and did swear fea●ty to him in London as before hath bin said and they dep●i●●ed also the young prince Henry his sonne that was at that time but of 8 years old but upon the death of his father King Iohn that shorty ●fter insued they recalled againe that sentence and admitted this Henry to the Crown by the name of King Henry the third and disanulled the a leageance made unto Lewis Prince of France and so king Henry raigned for t●e 53 yeares afterward the ●ongest reign as I think that any before or after ●im hath had in England Moreover you ●now from this king Henry the third d● take th●ir first beginning the two branches at Yorke and L●ncastee wihch after fe●● to fo great contention about the crown Into which if we would enter we should see plainely as before hath beene noted that the best of all their titles after their deposition of king Richard the second depended of this authority of th● com●on-wealth fot that as the people were affected and the greater part prevailed ●o ●ere their titles either a lowed confirmed altered or disanulled by Parliament yet may not we well affirm but that either part when they were in possession and confirmed herein by these Parliaments were lawfu●l kings and that God concurred with them as with true princes for government of the people for if we should deny this point great incouveniences wou●d o●ow and we should shake the states of most princes in the world at this day And to conc●ude as one the one side pro●inquity of b●ood is a great ●reheminence towards the atteining of any Crowne so doth it not ever bind the common wea●th to yeeld there-unto if weightier reasons shauld urge them to the contrary neither is the Common-wealth bound bound alwayes to shut her eyes and to admit at ●p-hazard or of necessity every one that is next by succession of b●oud as some fa●se●y and fondly a●●meth but rather she is bound to consider well and maturely the person that i● to enter whether he be ●ike to perform his duty and charge committeed or no for th●t otherwise to admitt him that is an enimy or unfitis but to destroy the Common wealth and him t●gether This is my opinion aud this seemeth to me to be conform to al reason aw● religion p●ery wisdome po●●icy and to the use aud customs of all well governed common-wea●thes in the world neither do I meane to prejudice any any princes pretence or succession to any crown or dignity in the world but rather do hold that he ought to enjoy his preheminence but yet that he 〈◊〉 not pr●judicall thereby to the whole body which is ever 〈◊〉 be respected more then any one person whatsoever The ninth Speech ACcording to law both civill and Canon which is great reason it is a matter most certaine that he who is judge and hath to give sentence in the thing it selfe is also to judge of the cause for thereof is he called judge and if he have authority in the one good reason he should also have power to discerne the other so as if we grant according to the forme and proofes that the Realme or Common-wealth hath power to admit or put back the Prince or pretender to the Crowne then must we also confesse that the same Common wealth hath authority to judge of the lawfulnesse of the causes and considering further that it is in their owne affaire and in a matter that hath his whole beginning continuance and subsistance from them alone I meane from the Common wealth for that no man is King or Prince by institution of nature as before hath been declared but every King and Kings son hath his dignity and preheminence above other men by authority onely of the Common wealth God doth allow for a just and sufficient cause in this behalfe the onely will and judgement of the weal publick it selfe supposing alwayes as in reason we may that a whole Realme will never agree by orderly way of judgement for of this onely I meane and not of any particular faction of private men against the heyre apparent to exclude or put back the next heyr in blood and succession without a reasonable cause in their sight and censurre And seeing that they only are to be judges of this case we are to presume that what they determine is just and lawfull for the time and if at one time they should determine one thing and the contrary at another as they did often in England during the contention between York and Lancaster and in other like occasions what can a private man judge otherwise but that they had different reasons and motions to leade them at different times and they being properly lords and owners of the whole busines committed unto them it is enough for every particular man to subject himselfe to that which his Common wealth doth in this behalfe and to obey simply without any further inquisition except he should see that open injustice were done therin or God manifesty offended and the Realme indangered Open injustice I call when not the true Common wealth but some faction of wicked men should offer to determine this matter without lawfull authority of the Realme committed to them and I call manifest offence of God and danger of the Realme when such a man is preferred to the Crowne as is evident that he wil do what lyeth in him to the prejudice of them both I mean both of Gods glory and the publick wealth as for example if a Turk or Moor or some other notorious wicked man or tyrant should be offered by succession or otherwise to governe among Christians in which cases every man no doubt is bound to resist what hee can for that the very end and intent for which all government was first ordeined is herein manifestly impugned From this consideration of the weal publick are to be reduced all other considerations of most importance for discerning a good or evill Prince For that whosoever is most likely to defend preserve and benefit most his Realme and subjects he is most to be allowed and desired as most conforme to the end for which government was ordained And on the contrary side he that is least like to do this deserveth least to be preferred and here doth