the best as the Romans many yeares were governed by Consuls and Senatours and at this day the States of this countrey of Holland do imitate the same or else Monarchia which is the Regiment of one and this again either of an Emperour King Duke Earle or the like these particular Formes of Government I say are not determined by God or Nature as the other two points before for then they should be all one in all Nations as the other are seeing God and Nature are one to all but these particular Formes are left unto every Nation and countrey to chuse that Forme of Government which they shall like best and thinke most fit for the Natures and conditions of their People which Aristotle proveth throughout all the second and fourth Books of his Politiques very largely laying down divers kindes of Governments in his dayes as namely in Greece that of the Milesians Lacedemonians Candians and others and shewing the causes of their differences which he attributeth to the diversity of Mens Natures customes educations and other such causes that made them make choice of such or such Forme of Government And this might be proved also by infinite other Examples both of times past and present and in all Nations and countries both Christian and otherwise which have not had onely different fashions of Governments the one from the other but even among themselves at one time one Forme of Government And another at other times for the Romans first had Kings and after rejecting them for their evil Government they chose Consuls which were two Governours for every Year whose Authority yet they limited by a multitude of senatours which were of their counsel and these Mens power was restrained also by adding Tribunes of the People and sometimes Dictatours and finally they came to be governed last of all by Emperours The like might be said of Carthage in Africa and many Cities and Common-wealthes of Grece which in divers seasons and upon divers causes have taken different Formes of Government to themselves The like we see in Europe at this day for in onely Italie what different Formes of Government have you Naples hath a King for their Soveraigne Roma the Pope and under him one Senatour in place of so many as were wont to be in that Common-wealth Venice and Genua have Senatours and Dukes but little Authority have their Dukes Florence Farara Mantua Parma Vrbin and Savoy have their Dukes onely without Senatours and their power is absolute Milan was once a Kingdom but now a Dukedom the like is of Burgundy Lorain Bavire Gasconie and Britaine the lesser all which once had their distinct Kings and now have Dukes for their supreme Governours The like may be said of all Germany that many Yeares together had one King over all which now is divided into so many Duke â—omes Earldomes and other like Titles of Supreme Princes But the contrary is of Castile Aragon Portugal Barcelona and other Kingdomes this day in Spain which were first Earldomes onely and after Dukedomes and then Kingdomes and now again are all under one Monarchy The like is of Bohemie and Polonia which were but Dukedomes in old time and now are Kingdomes The like may be said of France also after the expulsion of the Romans which was first a Monarchy under Pharamond their first King and so continued for many Yeares under Clodion Meronys Childrik and Clodovaus their first christened Kings but after they divided it into four Kingdomes to wit one of Paris another of Suessons the third of Orleans and the fourth of Metts and so it continued for divers yeares but yet afterwards they made it one Monarchy again England also was first a Monarchy under the Britaines and then a Province under the Romans and after that divided into seven Kingdomes at once under the Saxons and now a Monarchy again under the English and all this by Gods permission and approbation who in token thereof suffered his own peculiar People also of Israel to be under divers manners of Governments in divers times as first under Patriarchs Abraham Isaac and Jacob then under Captaines as Moses Joshua and the like then under Judges as Othoniel Aiod and Gideon then under high Priests as Heli and Samuel then under Kings as Saul David and the rest and then under Captaines and high Priests again as Zorobabel Judas Machabeus and his Brethren untill the Government was lastly taken from them and they brought under the power of the Romans and forreigne Kings appointed by them So as of all this there can be no doubt but that the Common-wealth hath power to chuse their own fashion of Government as also to change the same upon reasonable causes as we see in all times and Countries and God no doubt approveth what the Realme determineth in this point for otherwise nothing could be certain for that of these changes doth depend all that hath succeeded In like manner is it evident that as the Common-wealth hath this Authority to chuse and change her Government so hath she also to limit the same with what Lawes and conditions she pleaseth whereof ensueth the great diversity of Authority and power which each one of the former Governments hath as for example the Consuls of Rome were but for one year other Officers and Magistrates were for more or lesse time as their Common-wealth did a lot them The Dukes of Venice at this day are for their lives except in certain cases wherein they may be deposed and those of Genua onely for two yeares and their power is very small and much limited and their Heires have no claime or pretence at all after them to that Dignity as the children and next of kin of other Dukes of Italy have though in different sort also for that the Dukedomes of Ferara Vrbin and Parma are limited onely to Heires male and for defect thereof to return to the Pope or Sea of Rome Florence and Mantua for like defects are to returne to the Empire and do not passe to the Heires female or to the next of kin as Savoy and some others do And now if we respect God and Nature as well might all these Governments follow one Law as so different for that neither God nor Nature prescribeth any of these particular Formes but concurreth with any that the Common-wealth it selfe appointeth and so it is to be believed that God and Nature concurred as well with Italy when it had but one Prince as now when it hath so many and the like with Germany and also with Swizerland which once was one Common-wealth onely under the Dukes and Marquesses of Austria and now are divided into thirteen Cantons or Common-wealths under popular Magistrates of their own as hath been said so as when Men talke of a natural Prince or natural Successour as many times I have heard the word used if it be understood of one that is borne in the same Realme or Countrey and so of our own natural Bloud it hath some
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 Dieâ— 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 â—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
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 Platâ— 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
England had two K. Henries living at one time with equall authority and this was done in the 16. year of his Reign and in the year of our Lord 1170 but his device had no good successe for that K. Henry the younger made war soone after upon K. Henry the elder and had both the Kings of France and Scotland and many Nobles of England and Normandy to take his part for which cause it is thought that this thing hath never been put in practise again since that time in England but yet hereby it is evident what the opinion of the world was in those daies of the force of Coronation and admission of the Common-wealth and how little propinquity of bloud prevaileth without that The Seaventh Speech I Should begin with the Grecian Kings it were infinite that might be alleadged and perhaps some man would say they were over old and far fetched examples and cannot be presidents to us in these ages and if I lay before you the examples of Roman Kings and Emperours put in and out against the Law aed Rights of succession the same men perhaps will answer that it was by force and injury of mutinons souldiers whereunto that Common-wealth was greatly subject And if I shâ—uld bring forth any presidents and examples of holy Scripturs some other might chance to reply that this was by particuler priviledge wherein God Almighty would deale and dispose of things against the ordinary course of mans law as best liked himselfe whose will is more then Law and whose actions are right it selfe for that he is Lord of all and to be limitted by no rule or law of man but yet that this is not properly the Act of a Common-Welth Thus I say it may be that some man would reply and therefore having store enough of plain and evident matter which hath no exception for that it hath happened in setled Common-Wealths and those near home where the law of succession is received and established to wit in Spayne France and England I shall retyre my selfe to them alone but yet putting you in mind before I passe any further that it is a matter much to be marked how God dealt in this point with the people of Israel at the begining 1. Règ. 8. after he had granted to them that they should have the same government of Kings that other Nations round about them had whose Kings did ordinarily reigne by succession as ours do at this day and as all the Kings of the Jewes did afterwards and yet this notwithstanding God at the beginning at the very entrance of their first Kings would shew plainly that this Law of succeeding of the one the other by birth and propinquity of blood though for the most part it should prevaile yet that it was not so precisely necessary but that upon just causes it might be altered For proofe whereof we are to consider that albeit he made Saul a true and lawfull King over the Iewes and consequent also gave him all Kingly priviledges benefits and prerogatives belonging to that degree and state whereof one principal as you know is to have his Children succeed after him in the Crowne yet after his death God suffered not any one of his generation to succeed him though he left behinde him many Children and among others Isboseth a Prince of 40. Yeares of age 2. Reg. 1. and 21. whom Abner the generall captain of that nation with eleaven tribes followed for a time as their lawfull Lord and master by succession untill God cheked them for it and induced them to reiect him though heire apparent by discent and to cleave to David newly elected King who was a stranger by Birth and no King at all to the King deceased And if you say here that this was for the sinne of Saul whom God had reiected I do confesse it but yet this is nothing against our purpose for that we pretend not that a Prince that is next in blood can iustly be put back except it be for his own defects or those of his ancestors And more over I would have you consider that by this it is evident that the fault of the father may prejudicate the sonnes right to the Crowne albeit the sonne hath no part in the fault as we may see in this example not only of Ishboseth that was punished and deprived for the offence of Saul his Father notwithstanding he had been proclaimed King as hath been said but also of Ionathus Saules other sonne who so good a man and so much praised in holy Scripture and yet he being slaine in Warr and leaving a sonne named Mephiboseth he was put back also 2. Reg. 5. though by nearenesse of blood he had great interest in the succession and much before David But David being placed in the Crowne by election free consent and admission of the people of Israell as the Scripture plainly testifieth though by motion and direction of God himself we must confesse 2. Reg. 2 and 5. and no man I think will deny but that he had given unto him therewith all Kingly priviledges prehemiences and regaliâ—ies even in the highest degree as was conveniene to such a state and among other the Scripture expresly nameth that in particuler it was assured him by God that his seed should reigne after him yea and that for eveâ— Psal 131. 2. Paral. 6. but yet we do not find this to be performed to any of his elder sonnes as by order of succession it should seeme to appertain no nor to any of their of spring or discents but only to Solomon which was his younger and tenth sonne and the fourth only by Barsabe True it is that the Scripture recounteth how Adonias Davids elder sonne that was of rare beauty a very goodly young Prince seeing his Father now very ould and impotent and to lie on his death bed and himselfe heire apparent by antiquitie of blood after the death of Absalon his elder brother that was slain before he had determined to have proclaimed himselfe heir apparent in Ierusalem before his Father died 1. Reg. 1. and for that purpose had ordained a great assembly and banquet had called unto it both the high priest Abiather and diverse of the Cleargie as also the generall Captaine of all the army of Israell named Ioah with other of the Nobillity and with them all the rest of his bretheren that were sonnes to King David saving only Solomon togeather with many other Princes and great men both spirituall and temporall of that estate and had prepared for them a great feast meaning that very day to proclaime himselfe heire apparent to the Crowne and to be Crowned as indeed by succession of blood it appertained unto him and this he attempted so much the rather by councell of his friends for that he saw the King his Father very ould and impotent and ready to die and had taken no order at all for his successor and moreover Adonias had understood how that Bersabe Solomons Mother
his uncles own hands in the castle of Roan thereby to make the titlâ— 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 heâ—r of Britâ—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 miâ—liked utterly the government and proceeding of this King Iohn they rejected him againe and chose Lewis the Prince of France to be theiâ— King 3216 and did swear feaâ—ty to him in London as before hath bin said and they depâ—iâ—â—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 â—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 tâ—e 53 yeares afterward the â—ongest reign as I think that any before or after â—im hath had in England Moreover you â—now from this king Henry the third dâ— take thâ—ir first beginning the two branches at Yorke and Lâ—ncastee wihch after feâ—â— 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 thâ— comâ—on-wealth fot that as the people were affected and the greater part prevailed â—o â—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 lawfuâ—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 wouâ—d oâ—ow and we should shake the states of most princes in the world at this day And to concâ—ude as one the one side proâ—inquity of bâ—ood is a great â—reheminence towards the atteining of any Crowne so doth it not ever bind the common weaâ—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 â—p-hazard or of necessity every one that is next by succession of bâ—oud as some faâ—seâ—y and fondly aâ—â—meth but rather she is bound to consider well and maturely the person that iâ— to enter whether he be â—ike to perform his duty and charge committeed or no for thâ—t otherwise to admitt him that is an enimy or unfitis but to destroy the Common wealth and him tâ—gether This is my opinion aud this seemeth to me to be conform to al reason awâ— religion pâ—ery wisdome poâ—â—icy and to the use aud customs of all well governed common-weaâ—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 prâ—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
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
Authority they have great limitation neither can they do any thing of great moment without the consent of certain principal men called Palatines or Castellians neither may their children or next of Bloud succeed except they be chosen as in the Empire Herbert l. 9. Hist Pol. Cromerus l. 3. Hist Polon In Spain France and England the priviledges of Kings are farre more eminent in both these points for that both their Authority is much more absolute and their next in Bloud do ordinarily succeed but yet in different manner for as touching authority it seemeth that the Kings of Spain and France have greater than the King of England for that every ordination of these two Kings is Law in it selfe without further approbation of the Common-wealth which holdeth not in England where no general Law can be made without consent of Parliament but in the other point of Succession it appeareth that the restraint is farre greater in those other two Countries than in England for that in Spain the next in Bloud cannot succeed be he never so lawfully descended but by a new approbation of the Nobility and States of the Realme as it is expresly set down in the two ancient Councels of Tolledo the fourth and fifth Concil blet 4. c. 74. coneil s c. 3. In confirmation whereof we see at this day that the King of Spain's own son cannot succeed nor be called Prince except he be first sworne by the said Nobility and States in token of their new consent and so we have seen it practised in our dayes towards three or four of king Philips children which have succeeded the one after the other in the Title of Princes of Spain and at every change a new Oath required at the Subjects hands for their admission to the said Dignity which is not used in the Kings children of France or England In France the World knoweth how Women are not admitted to succeed in the Crown be they never so near in Bloud neither any of their Issue though it be Male for which cause I doubt not but you remember how King Edward the third of England though he were son and heir unto a daughter of France whose three brethren were kings and left her sole heir to her father king Philip the fourth sirnamed the Fair yet was he put by the Crown Anne 1340. Anil hist Franc. l. 2. Gerard. du Haylan l. 14. hist Franc. as also was the king of Navar at the same time who was son and heir unto this womans eldest brothers daughter named Lewis Huttin king of France which king of Navâ—r thereby seemed also to be before king Edward of England but yet were they both put by it and Philip de Vallois a brothers son of Philip the fair was preferred to it by general decree of the States of France and by verdict of the whole Parliament of Paris gathered about the same affaires Franc. Belfor l. 5. c. 1. Anno 1327. Neither did it avail that the two kings aforesaid alleadged that it was against reason and conscience and custome of all Nations to exclude women from the Succession of the Crown which appertained unto them by propinquity of Bloud seeing both Nature and God hath made them capable of such Succession every where as it appeareth by example of all other Nations and in the old Testament among the people of God it selfe where we see Women have been admitted unto kingdomes by succession but all this I say prevailed not with the French as it did not also since for the admission of Dona Isabella Eugenia Clara Infanta of Spain unto the said Crown of France though by dissent of Bloud there be no question of her next propinquity for that she was the eldest childe of the king's eldest sister The like exclusion was then made against the prince of Lorain though he was a man and nephew to the king for that his Title was by a Woman to wit his mother that was younger sister unto king Henry of France And albeit the Law called Salica by the French-men by vertue whereof they pretend to exclude the Succession of Women be no very ancient Law as the French themselves do confesse and much lesse made by Pharamond their first king or in those ancient times as others without ground do affirme Gerard. du Hail l. 13. hist Fraâ—c Anno 1317. l. 14. Anno 1328 l. 3. de l'Estat defrunce Yet do we see that it is sufficient to binde all Princes and Subjects of that Realme to observe the same and to alter the course of natural Discent and nearnesse of Bloud as we have seen and that the king of Navar and some others of his race by vertue of this onely Law did pretend to be next in Succession to this goodly Crown though in nearnesse of Bloud they were farther off by many degrees from king Henry the third than either the foresaid Infanta of Spain or the prince of Lorain who were children of his own sisters which point yet in England were great disorder and would not be suffered for that our Lawes are otherwise and who made these Lawes but the Common-wealth it selfe By all which we see that divers Kingdomes have divers lawes and customes in the matter of succession and that it is not enough for a man to alleage bare propinquity of blood thereby to prevaile for that he may be excluded or put back by divers other circumstances for sundry other reasons which afterward we shall discusse Yea not onely in this point hath the common-wealth authority to put back the next inheritors upon lawfull considerations but also to dispossesse them that have bin lawfully put in possession if they fulfill not the lawes and conditions by which and for which their dignitie was given them Which point as it cannot serve for wicked men to be troublesome unto their Governours for their own interests or appetites so yet when it is done upon just and urgent causes and by publique authority of the whole body the justice thereof is playne not onely by the grounds and reasons before alleaged but also by those examples of the Romans and Grecians already mentioned who lawfully deposed their Kings upon just considerations and changed also their Monarchie and Kingly Government into other forme of regiment And it might be proved also by examples of all other nations and this perhaps with a circumstance which every man considereth not to wit That God hath wonderfully concurred for the most part with such juditiall acts of the common-Wealth against their evill Princes not onely in prospering the same but by giving them also commonly some notable successor in place of the deposed thereby hath to justify the fact and to remedy the fault of him that went before I am far from the opinion of those people of our dayes or of old who make so little account of their duty towards Princes as be their title what it will yet for every mislike of their owne they are ready to band
and did drive him out of his Realme into Castilla where he lived all the rest of his life in banishment and dyed in Toledo without ever returning and this Decree of the Councell and Pope at Lyons for authorizing of this fact is yet extant in our Common Law in the sixt Book of Decretalâ— now in print Lib. 6. de cret tit 6. de supplenda cap. Grand 1. And this King Don Alonso the third which in this sort was put up against his brother was peaceably and prosperously King of Portugal all the dayes of his life Garibay in hist de Portug lib. 34. cap. 20. 21. and he was a notable King and among other great exployts he was the first that set Portugal free from all subjection dependence and homage to the Kingdome of Castile which unto his time â—t haâ— acknowledged and he left for his successor his soâ—â— and heire Don Dionysiâ—el Fabricador to wit the great builder for that he builded and founded above forty and foure great towns in Portugal and was a most rare Prince and his off-spring ruleth in Portugal unto this day Infinite other examples could I alleage if I would examine the lives and discents of these and other Kingdoms with their Princes and namely if I would speak of the Greek Emperours deprived for their evill government not so much by popular mutiny which often hapned among them as by consent and grave deliâ—eâ—ation of the whole State and Weal-publick Glicas in Annal. part 4. Zon. Annal. co 3. in vita Michael Calapha as Michael Calaphates for that he had troden the Crosse of Christ under his feet and was otherwise also a wicked man as also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authority and the like whereof I might name many but it would be too long What should I name here the deposition made of Princes in our dayes by other Common-wealths as in Polonia of Henry the third that was King of France and before that had been sworne King of Polonia of which Crowne of Polonia he was deprived by publick act of Parliament for his departing thence without license and not returning at his day by the said State appointed and denounced by publick Letters of peremptory commandement which are yet extant In literis reip Polon ad Henr. Valesium pag. 182. 184. Vide Gagneum part 1. de rebus Polon In Suetia What should I name the deprivations of Henry King of Suetia who being lawfull successor and lawfully in possession after his Father Gustavus was yet put downe by that Common-wealth and deprived and his brother made King in his place who was in England in the beginning of Queen Elizabeths reigne whose sonne reigned King of Polonia Polin 1. 32. Histor de Franc. An. 1568. and this fact was not only allowed of at home by all the States of that countrey but also abroad as namely of Maximilian the Emperor and appointed also by the King of Denmarke and by all the Princes of Germany neer about that Realme who saw the reasonable causes which that Common-wealth had to proceed as it did And a little before that the like was practised also in Denmarke against Cisternus their lawfull King if we respect his discent in blood for he was sonne to King Iohn that reigned afore him and crowned in his fathers life but yet afterwards for his intolerable cruelty he was deprived and driven into banishment together with his wife and three children all which were disinherited and his Vncle Frederick Prince of Holsatia was chosen King whoâ—e Progeny yet remaineth in the Crowne and the other though he were married to the sister of Charles the fifth last Emperour of that name and were of kin also to King Henry the eight in England yet could he never get to be restored â—â—â—pessed his time miserably partly in banishment and partly in prison untill he died Sleydon l. 4. hist An. 1532. Muâ—st lib. 3. Cosmogra in dâ—script Dâ—â—i'e Paulus Iovius in viris illust But it shall be best perhaps to end this narration with example out of England it selfe for that no where 〈◊〉 have I read more markeable accidets touching this point then in England and for brevity sake I shall touch only a few since the Conquest for that I will goe no higher though I might as appereth by the example of King Edâ—in and others neither will I begin to stand much upon the example of King Iohn though well also I might so that by his cruell government he made himselfe both odious at home and contemptâ—ble abroad After him King Henry the third was admitted and he proved a very worthy King after so cruell a one as had gone before him and had been deposed which is a circumstance that you must alwayes note in this narration and hee reigned more yeares then ever King in England did before or after him for he reigned full 53 years and left his son and heire Edward the first not inferiour to himselfe in manhood and vertue who reigned 34. yeares and left a son named Edward the second who falling into the same defects of government or worse then King John his great Grandfather had done was after 1. yeares reigne deposed also by act of Parliament holden at London the yeare 1326. Polyd. l. 18. hist Anglicanae Anno 1326. and his body adjudged to perpetuall prison in which he was at that present in the Castle of Wallingford whither divers both Lords and Knights of the Parliament were sent unto him to denounce the sentence of the Realme against him to wit how they had deprived him and chosen Edward his son in his place Stow in the life of King Edward the 2. for which act of choosing his son he thanked them heartily and with many teares acknowledged his owne unworthinesse whereupon hee was degraded his name of King first taken from him and he appointed to be called Edward of Carnarvan from that houre forward And then his Crowne and ring were taken away and the Steward of his house brake the staffe of his office in his presence and discharged his servants of their service and all other people of their obedience or allegiance toward him and towards his maintenance he had only a 100 marks a year allowed for his expences and then was hee delivered also into the hands of certain particular keepers who led him prisoner from thence by divers other places using him with extreme indignity in the way untill at last they took his life from him in the Castle of Barkley and his son Edward the third reigned in his place who if we respect either valour prowesse length of reigne acts of chevalry or the multitude of famous Princes his children left behind him was one of the noblest Kings that ever England had chosen in the place of a very evill one But what â—hall we say Is this worthinesse which God giveth commonly to the successours at these changes perpetuall or certaine by discent no
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. â—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
gratefully but discourteous rather and injuriously towards him that gave him first this authority To which also they doe alleage the speech of the Prophet Samuel in the first Booke of the Kings where the people of Israel demanded to have a King to governe over them as other nations round about them had and to leave the the government of thhe high Priest under whom at that day they were At which demand both God himself and Samuel were grievously offended and Samuel by Gods expresse order protested unto them in this manner 1. Reg. 8. Well quoth he you will have a King hearken then to this that I will say Hoc erit ius regis qui imperaturus est vobis this shall be the right and power of the King that shall rule over you to wit he shall take from you your children both Sons and Daughâ—ers your Fields and Vinyards your Harvest also and Renâ—s your Servants Handmaids and Heards of Cattie and shall give them to his Servants and you shall cry unto God in that day from the face of this your King whom you have chosen and God shall not hear you for that you have demanded a King to govern you Out of all which discourâ—e and speech of the Prophet these men doe gather that a King is nothing so restrained in his power or limited to law as you have affirmed but rather that his law is his own will as by these words of the Prophet may appear much lesse may the Common-wealth chastise or deprive him for exceeding the limits of law or doing his will seeing that here in this place God doth fore-tell that Princes oftentimes shall commit excesses and injuries and yet doth he not therefore will them to chasten or depose them for the same but rather insinuateâ—h that they must take it patitiently for their sinnes and cry to God for remedy and persevere therein though he do not at the first hearken to them or grant their redresse The fifth Speech I Confesse that Flatterers of Princes in these our days have not onely affirmed that Princes were lawlesse and subject to no accompt reason or correction whatsoever they did but also which is yet more absurd pernicious to all Common-wealths Belloy apolog part 2. p. 7. apol pro Rege c. 6. 24. 26. That all goods chattels possessions and whatsoever else commodities temporall of the Common-wealth are properly the Kings and that their subjests have onely the use thereof without any propriety at all so as when the King will he may take it from them by right without injustice or injury which assertions do overthrow wholly the very nature and substance of a Common wealth it self For first to say that a King is subject to no law or limitation at all but may do what he will is against all that I have alleadged before of the very institution of a Common-wealth which was to live together in justice order and as I shewed out of Cicero speaking of the first Kings Iustitiae fruendae causa bene morati Reges olim sunt constituti For enjoying of iusticâ— were Kings appointed in old time that were of good life but if they be bound to no justice at all but must be born and obeyed be they never sowicked then is this end and butt of the common wealth and of all Royal authority utterly frustrate then may we set up publike Murderers Ravishers Theeves and Spoylers to devour us in stead of Kings and Governours to defend us for such indeed are Kings that follow no law but passion sensuality do commit injustice by their publike authority then finally were all those Kings beforementioned both of the Jewes Gentiles and Christians vnlawfully deprived their Successors unlawfully put up in their places consequently all Princes living in Christianity at this day who are deseended of them are intruders no lawful Princes By the second saying also that all temporallties are properly the Princes that Subjects have only the use therof without any interest of their own no lesse absurdities do follow then of the former assertion for that first it is against the very principle foundation of our civill law which at the first entrance begining maketh this division of goods That some are common by nature to all men as the Ayr the Sea and the like other are publike to all of one City or Country but yet not common to all ingenerall as Rivers Ports and other such some are of the community of a City or Common-wealth but yet not common to every particular person of that City as common Rents Theators the publike house c some are of none nor properly of any mans goods as Churches and sacred things and some are proper to particular men as those which every man possesseth of his own which diviâ—â—on of Iustiman the Emperour his most learned Lawyers is not good if the Prince bee Lord proprietary of all nay he that made this division being Emperour did great injury also to himself â—n assigning that to others which by the opinion of Belloy his fellows was properly truly his own in that he was Emperour Lord of the world Besides all this so absurd a saying is this as it overâ—hroweth the whole nature of a Common wealtâ— it self waketh all subjects to be but very slaves For that slaves bondmen as Aristotle saith in this do diffeâ— from Free-men that slaves have only the use of things without property or interest cannot acquire or get to themselvs any dominion or true right in any thing for that whatsoever they do get it accreweth to their Master not to themselvs for that the condition of an Oxe or an Asse is the very same in respect of a poor man that hath no slave for that the Oxe or Asse gâ—tâ—eth nothing to himself but only to his Master can be Lord of nothing of that for which he laboureth for this cause wittily also said Aristâ—tle that bos aut asinus pauperi agricolae proservo est An Oxe or an Asse is to a poor husbandman in stead of a boudman so seeing that Malignants will needs have the state condition of all Subjects to be like unto this in respect of their Prince and that they have nothing in propriety but only the use and that all dominion is properly the Princes what doth the other then make all Subjects not only slaves but also Oxen and Asses and pecora campi Last of all for I will not overload you with reasons in a matter so evident if all Subjects goods be properly the Kings why then was Achab and Iezabell King Queen of Israel so repreâ—ended by Elias and so punished by God for taking away Nabothes Vinyard seeing they took but that which was their own Nay why waâ— not Naboth accused of iniquity rebellion treason for that he did hot yeeld up preâ—ently his Vinyard when his Princes demanded the same seeing
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 violatuâ—um neque christianorum sanguine manus contaminaturum Zon. Toâ— 3. in vita Mich. An. 820. â—hich is Michell new chosen Emperour came early in â—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-welâ—h was not satisfied with an oath except also it were set down in writiâ—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 Chaâ—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 admiâ—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 Oâ—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 â—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. â— though being his heir so named by H. himself to the inheritance of the said râ—â—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 ouâ— 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 hoâ—â—dinâ— up your hands to Heaven Whitich ndus gest Saxon lib. 1. And theâ— 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 thâ— staf with the scepter diadem every one whereoâ— the Archbishop out up â—n the Emperor telling him the signification of every thing what it did bind him unâ—o as for example when he put the sword about him he said accipe hunc gladium quo ejicias omnes Christi adversariâ—s maâ—os christianos authoritate divino per Episcopos tibi tradita wâ—tâ—chin l. 2 which is take unto thee this sword whâ—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 â—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 coâ—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. Empâ—ror Nephew unto this other Othâ— 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 Yâ—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 pâ—ace to keepe and observe all Lawes Rights and Priviledges of the Empyâ—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 uâ—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 depuâ—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 Promiâ—o coram Deo angelis ejus I do promise and sweaâ—e before God and his Anâ—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 duâ— and canonicâ—ll honour unto the Bishops of â—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 buâ— 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 fourâ—h nationall Councel of Toledâ— 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 Sâ—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 acâ—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 â—sidorus Arch-Bishop of Siuil who writing his History of Spayne dedicated the same
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 pâ—â—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 reverâ—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 Toledâ— 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 haereâ—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 sâ—vere decreâ— was made in the sixt Councel concâ—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 Chintillâ— was present in Tolledo as Ambrosio Morales â—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 â— 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 Espâ— 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 Rodâ—igo their last King that lost the whole untill the yeare of our Lord 158â— 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 Pelayâ— 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 establishâ—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
Government and so placed as hath been said is under no law or restraint at all of his authority but that himselfe only is the quick and living law and that no limitation can be given unto him by any power under heaven except it be by his own will and that no Nation or Common-wealth can appoint or prescribe how they will obey or how their Prince shall govern them but must leave his authority free from all bands of law and this either Willingly or by violence is to be procured By which words it seemeth that he painteth out a perfect patterne of a tyrannicall Government which how it did further the King of Navar I do not know His other proposition is Apolog. pro Rege Cap. 20. That albeit the heire apparant which is next by birth to any Crown should be never so impotent or unfit to Govern as if for examples sake he should be deprived of his sences mad furious lunatique a fool or the like or that he should be known on the other side to be most malicious wicked vitious or abominable or should degenerate into a very beast yea if it were known that he should goe about to destroy the Common Wealth and drowne the ship which he had to guide yet saith this man he must be sacred and holy unto us and admitted without contradiction to his inheritance which God and nature hath laid upon him and his direction rèstraint or punishment must only be remited to God alone for that no man or Common-wealth may reforme or restrain him Which I doubt not will seeme unto you rather belly and base doctrine then to come from the head of any learned or discreet man that regardeth the end why Common-wealths and Kingdoms and all Governments were ordained by God and nature and not the flattering or adoring of any one miserable man that shall stand over them to destroy the whole But now to the particuler matter that we are to treat which is what is to be attributed to this succession or propinquity of birth alone I am of opinion that albeit their want not reasons on both sides among learned men what kind of providing Governours to Common-wealths is best either by simple and free election only or by succession of birth my opinion I say is that succession is much to be preferred not for that it wanteth all difficulties and inconveniences which all temporall things uppon earth have but like as before I have shewed of the particuler Government of a Monarchy in respect of other forms of regiment to wit that is wanted not all but had fewer inconveniences then their formes of Regiment have so say I also of this that albeit some inconveniences want not in succession yet are they commonly far lesse and fewer then would follow by meere election which are subiect to great and continuall dangers of ambition emulation division sedition and contention which do bring with them evident peril of universall destruction and disolation of the whole body and this at every change of the prince which change on the other side is much assured by succâ—ssion for that great occasions of strife and contention are there by cut of 2. And besides this the Prince who is in present possession knowing that his son or next of kin is to be his heire hath more care to leave the realme in good order as we see that the husbandman hath to till and manure that ground which is his owne and to remaine to his posterity 3. A third commodity also there is for that lesse mutations and alterations are seen in the Common-wealth where succession prevaileth for that the sonne following his father doth commonly retaine the same friends councellors officers and servants which his father had before him pursueth the same actions and intentions with the same manner of proceeding for the most part whereas he that entereth by election being an aliene to him that went before him and never lightly his friend doth change alter and turne upsidowne all things 4. Furthermore which may be also a fourth reason he that entereth by succession for that he is either borne a Prince or hath been much respected still for his title to the Crowne bringeth with him lesse passions of hatred emulation anger envie or revenge against particuler men for that no man durst offend him then doth he which entereth by only election for that he having bin a subject equall to others before his advancement and thereby holding contention with many espetially at this election must needs have matter of quarrell with many which he will seeke easily to revenge when he is in authority as one the other side also such as were his equals before will beare him lesse respect and more unwillingly be under him then by birth he had been there Soveraigne 5. These and diverse other are the comodities of succession whereunto we may also add the preheminence and priveledge of primogenitura and auncetrie of birth so much respected and commended by holy writ not only in men but in all other creatures also whose first borne were dedicated to God himselfe and one notable example among other occurreth to my mind of the two sonnes of Isack of the which two albeit God hath ordained to chuse the younger before he was borne as S. Paul testifieth and to reject the elder that is to say that Iacob should inherite the benediction not Esau Yet would God have his yonger to procure the said priviledge of eldership from Esau by divers means as first by bargain and after by guile according to the storie we read in Genes 15 and 49. Deut. 21. and 15. 2 Paralip 21 and 3 Exod 3. and 2. Rom. 9. and 13 Genes 28 and 27. Out of which story two points may be pondered much to our purpose first that primogenitura or eldership of birth as I have said was greatly respected by God and according to that all the disceâ—tâ— and successions of Kings were commonly among that people for that ordinarily the elder 〈◊〉 ever succeded his Father in the Crowne of Iury. And the seconâ— pâ—int 〈…〉 God would shew even in this begining that yet this priviledge was not so 〈◊〉 but that upon just causes it might be broken as it was by this his choyce of Iacob the yonger and rejecting Esau the Elder and many times after in matter of government the same was practised by God himselfe as when Iudah the fourth tribe and not Ruben the 1 and Eldest was apointed by God enioy the scepter and Crown of the Iewes as also when King David died not in his first second or third sonne but his tenth in order to wit Solomon who was also the fourth that he had by Bersabe was appointed for his successor Genes 29 and 9. Exod 1. 2. Reg. 5. 1. Paral. 3. So that in very deed we have here both our two cases that were propounded in the begining over ruled and determined by authority and example of holy writ it selfe namely and 1
that her Mother Lady Elenor was their sister daughter to K. Henry the 2. and K. Iohn made this mariage therby to make peace with the French was content to give for her dowry for that he could not tell how to recover them again all those Townes Countries which the said K. Phil. had taken upon the English by this Kings evill Government in Normandy Gascoyn and moreover promise was made that if P. Henry of Spain that was the only brother to the said Lady Blanch should dye without issue as after he did then this Lady should succeed in the Crown of Spain also but yet afterward the State of Spain would not perform this but rather admitted her younger sister Dona Berenguela maryed to the Prince of Leon and excluded both Blanch her son the King S Luis of France against the evident right of succession propinquity of bloud the only reason they yeelded hereof was not to admit strangers to the Crown as Garabay testifieth This hapned then I do note by the way that this Dona Berenguela second daughter of Q. Elenor the English woman was maried as hath bin said to the Prince of Leon had by him Don Fernando the 3. of that name K of Castilia surnamed also the Saint so as the two daughters of an English Queen had two Kings Saints for their Sons at one time the elder of France the yonger of Spain After this again about 60 yeers the Prince of Spain named Don Alonso surnamed de la cerda for that he was borne with a great gristle haire on his breast called cerda in Spanish which Don Alonso was Nephew â—o the King Fernando the Saint marryed with the daughter of S. Lewis K. of France named also Blancha as her grand mother was had by her two sons called Alonso Hernando de la cerda as the Prince their Father was named which Father of theirs dying before the King the Grand father left them commended to the Realm as lawful heire apparent to the crowne yet for that a certain Uncle of theirs named Don Saâ—cho younger brother to their father which Don Sancho was surnamed afterward el bravâ— for his valour and was a great Warrier and more like to manage wel the matters of war then they he was made heir apparent of Spain add hey putbâ—ck in their Grandfaâ—hers time and by his and the Realms consent their Father as I have said being dead and this was done at a generall Parliament holden at Segovia in the yeer 1276. and after this Don Sancho was made King in the yeer 1284 the two Princes put into prison but afterward at the suit of their Uncle King Philip the 3 of France they were let out again endued with certain lands so they remain unto this day and of these do come the Dukes of Medina Celi all the rest of the houâ—e of Cerda which are of much Nobility in Spain at this time K. Philip that reigneth cometh of Don Sancho the yonger Brother Not long after this again when Don Pedro surnamed the cruel King of Castile was driven cut his bastard brother H 2. set up in his place the Duke of Lancaster John of Gant Gar. l. 15. c. 1. an 1363. having maried Dona Constantia the said King Padroes daughter and heir pretended by succession the saidâ— Crowne of Castile as indeed it appertâ—ined unto him but yet the State of Spain denyed it flatly and defended it by arms they prevailed against John of Gant as did also the race of H the Bâ—stard against his lawfull brother the race of Don Sancho the uncle against his lawfull nephews that of Dona Berenguela against her elder sister all which races do reign unto this day these three changes of the true line hapned within two ages and in the third and principall discent of the Spanish Kings when this matter of suceession was most assuredly perfectly established yet who will deny but that the Kings of Spain who hold by the latter titles at this day be true lawfull Kings Well one example will I give you more out of the kingdom of Portugal so will I make an end with there countries This king Henry the bastard last named 〈◊〉 Spain had a son that succeeded him in the crown of Spain named Iohn the 1 who marryed the daughter heâ—r named Dona Beatrix of k Fernando the 1. of Portugal but yet after the death of the said k. Fernando the States of Portugall would never agree to admit him for their King for not subjecting themselvs by that means to the Castilians for that cause they rather took for their king a bastard brother of the said late k. Don Fernando whose name was Dondulan a youth of 20 yeers old who had bin Master of a military order in Portugal named de Avis so they excluded Dona Beâ—trâ—x Q. of Cast l. that was their lawfull heire chose this young man marryed him afterwards to the Lady Philip daâ—ghter of Iohn of Gaunt D. of Lancaster by hâ—s first wife Blanch Duches heir of Lancaster in whose right the kings of Portugall their discendents do pretend unto this day a certain interest to the house of Lancaster Hereby we see what an ordinary matter in hath been in Spain Portugall to alter the line of next succession upon any reasonable consideration which they imagned to be for their weal publike and the like we shall find in France and England The eighth Speech AS concerning the state of France although since the entrance of their first king Pharaniond with his Franks out of Germany which was about â—he yeere of Christ 419. they have never had any stranger come to wear their crown which they attribute to their law Salike that forbiddeth women to reign ye among themselves have they changed twise their whole race linage of kings once in the entrance of k. Pepin that put out the line of Pharamond about the yeer 751. again in the promotion of k. Hugo Capetus that put out the line of Pepin in the yeer 983. so as they have had 3 discents races of Kings as well as the Spaniards the first of Pharamond the 2. of Pepin and the 3. of Capetus which endureth to this present if it be not altered now by the exclusion that divers pretend to make of the King of Navar and other Princes of the bloud Royall of the house of Burbon I will here set pâ—sse the first rank of all of the French Kings for that some men say perhaps that the common wealth and law of succession was not so well setled in those days as it hath been afterward in time of k. Pepin Charles the great and their discendantaâ— as also for that it were in very deed over edious to examine and peruse all three ranks or kings in France as you will say when you shall see what store I have
of King Etheldred untill the possession thereof gotten by William Duke of Normandy to wit for the space of 50 yeers shall easily see what Authority the Common-wealth hath in such Affaires to alâ—er Titles of Snccession according as publique necessity or utility shall require for thus briefly the matter passed King Eâ—â—ldred seeing himself to weak for Sweno the King of Danes that was entred the Land fled with his wife Emma and her two children Edward and Alerud unto her brother Duke Richard of Normandy and there remained untill the death of Sweno And he being dead Etheldred returned into England made a certain agreement and division of the Realme between him and Canutus the Son of Sweno and so dyed leaving his eldest sonne Edmond Iron-side to succeed him who soone after dying also left the whole Realm to the said Canutus and that by plain covenant as Canutus pretended that the longest liver should have all Whereupon the said Canutus took the two children of King Edmond Iron-side named Edmond and Edward and sent them over into Swethland which at that time was also subject unto him And caused them to be brought up honourably of which two the elder named Edmond dyed without issue but Edward was marryed and had divers children Ethâ—ldred and his Son Edmond being dead Canutus the Dane was admitted for King of England by the whole Parlâ—ament and consent of the Realm anno 1018. and crowned by Alerud Archbishop of Canterbury as Polidor saith and he proved an excellent King and went to Rome and was allowed by that See also He did many works of charity shewed himself a good Christian and very loving and kind to Englishmen marryed Queene Emma an English woman and mother to King Edward the Confessour and had by her a Son named Hardicanutus and so dyed and was much mourned by the English after he had reigned twenty yeers though his entrance and title was partly by force and partly by election as you have heard After this Canutus the first surnamed the Great for that he was King joyntly both of England Norway and Denmark was dead Polidor saith that all the States of the Realm met together at Oxford â—o consult whom they should make King and at last by the more part of voyces was chose Harald the first Sonne of Canutus by a Concubine King Harald the Bastatd 1038. Polid. l. 8. Hist Ang. By which election we see injury was done to the line all succession of three parties First to the Sons of king Edmond Iron-side that were in Swethland Then to the Princes Edward and Ajerud sons to king Etheldred and brothers to Iron-side that were in Normondy And thirdly to Hardie mutus son to Canutus by his lawfull wife Emma to whom it was also assured at her marriage that her issue should succeed if she had any by Canutus After the death of this Harald who dyed in Oxford where he was elected within 3 yeers after his election there came from Denmark Hardicanutus to claim the crown that his Father Brother had possessed before him of whose coming Polidor saith libentissimis animis accipitur communiqve omnium consensu rex dicitur an 1041. He was received with great good will of all and by common content made King this was done by the States without any respect had of the succession of those Princes in Normondy Swethland who by birth were before him as hath been shewed this is the second breach after lineal discent after Elthred But this Hardicanutus being dead also upon the sudden 〈◊〉 a certaine banket in Lambeth by London without issue within two yeers after his Coronation the states of the Relm had deâ—ermined to chuse Aludred for their king who was yonger bâ—other to Edw. for that cause sent for him out of Normondy as polid recounteth had made him K. without all doubt for that he was esteemed more stirring valiant then his elder brother Edw. had not E. Goodwin of Kent fearing the youngmans stomack raised a strong faction against him thereupon also caused him to be trayâ—eronsly murthered as he passed through Kent towards London nor had the State here in any respect to Antiquity of bloud for that before Alured were both 〈◊〉 own elder brother P. Ed. who after him was chosen King and before them both were Edm Edw. the children of their elder brother Edmond Iron 〈◊〉 and this the third breach of lineall discent But this notwithstanding Alerud being slain P. Edw. was made King tanta publica lat tia saith Polidor vt certatim pro ejus faelici principatu cuncti vota facerent that is he was made King with such universall joy contentment of all men as every man contended who should pray and make most vows to God for his happy reign and according to this was the successe for he was a most excellent Prince and almost miraculously he reigned with great peace void of all war at home abroad for the space of almost 20 yeers after so infinit broyls as had beene before him ensued after him yet his title by succession cannot be justified as you see for that his eldest brothers Son was then alive to wit Prince Edw. surnamed the outlaw who in this Kings reign came into England brought his wife three lawfull children with him to wit Edgar Margaret and Christian but yet was not this good K. Edw. so scrupulous as to give over his kingdome to any of them or to doubt of the right of his own title which he had by election of the Common-wealth against the order of succession This K. Edward being dead without issue Polidor saith that the States made a great consultation whom they should make King first of all it seemeth they excluded him that was only next by propinquity in bloud which was Edgar Aledin son to the said Prince Edw. the outlaw now departed and Nephew to K. Edmond I tonside the reason of this exclusion is alleadged by Pol. l. 8. in these words is puer id aetatis nondum regno gubernando maturus erat that is he beinâ— a child of so small yeers was not ripe enough to govern the kingdom and then he saith that Harald son of Earl Goodwin by a daughter of Canutus the first proclaymed himself King an 10â—â— morover he addeth Nond spt cuit omninoid factum populo qui plurimum spei in Haraldi virtue habehat itaque more majorum sacratus est which is this fact of Harald displeased not at all the people of England for that they had great hope in the vertue of this Harald so was he annoinâ—ed crowned according to the fashion of the ancient Kings of England by which words we may see that Harald had also the approbation of the Realm to be King notwithstanding that little Edgar was present as hath been said so as this was the 4. breach of succession at this time But in the mean space William Duke of Normandy