sort to excuse them They are the best that your starued both cause and conceipt can possibly affoord and you haue also some fellowes in your folly Heliogabalus did solemnely ioyne the statues of the Sunne and of the Moone in mariage together Nero was maried to a man and tooke also a man to his wife The Venetians doe yearely vpon Ascention day by a ring and other ceremonies contract mariage with the sea But now in earnest men do dye whensoeuer it pleaseth God to call them but it is a Maxime in the common law of England Rex nunquam moritur The king is alwaies actually in life In Fraunce also the same custome hath bene obserued and for more assurance it was expresly enacted vnder Charles the fifth That after the death of any king his eldest sonne should incontinently succeede For which cause the ParliameÌ„t court of Paris doth accompanie the funeral obsequies of those that haue bene their kings not in mourning attire but in scarlet the true ensigne of the neuer-dying Maiestie of the Crowne In regard of this certaine and incontinent succession the Glossographer vpon the Decrees noteth That the sonne of a king may be called King during the life of his father as wanting nothing but administration wherein he is followed with great applause by Baldus Panormitane Iason Carol. Ruinus Andreas Iserna Martinus Card. Alexander Albericus Fed. Barbatius Philip Decius Ant. Corsetta Fra. Luca Matthe Afflict And the same also doth Sernius note out of Virgil where he saith of Ascanius Regemque requirunt his father Aeneas being yet aliue But so soone as the king departeth out of life the royaltie is presently transferred to the next successor according to the lawes and customes of our Realme All Writs go foorth in his name all course of iustice is exercised all Offices are held by his authoritie all states all persons are bound to beare to him alleageance not vnder supposall of approbation when hee shall be crowned according to your dull and drowsie coniecture but as being the true Soueraigne king of the Realme He that knoweth not this may in regard of the affaires of our state ioyne himself to S. Anthony in glorying in his ignorance professing that he knoweth nothing Queene Mary raigned three monâ—ths before she was crowned in which space the Duke of Northumberland and others were condemned and executed for treason for treason I say which they had committed before she was proclaimed Queene King Edward the first was in Palestina when his father dyed in which his absence the Nobilitie and Prelates of the Realme assembled at London and did acknowledge him for their king In his returne homeward he did homage to the French king for the lands which he held of him in France He also repressed certaine rebels of Gascoine amongst whom Gasco of Bierne appealed to the court of the king of Fraunce where king Edward had iudgement that Gasco had committed treason and therupon he was deliuered to the pleasure of king Edward And this hapned before his coronation which was a yeare and nine monâ—ths after he began to raigne King Henry the sixth was crowned in the eighth yeare of his raigne and in the meane space not onely his subiectes did both professe and beare alleageance but the King of Scottes also did sweare homage vnto him What neede I giue any more either instance or argument in that which is the cleare lawe the vncontroulled custome of the Realme Against which notwithstanding your weather-beateÌ„ forehead doth not blush to oppose a blind opinion that heires apparant are not true kings although their titles be iust and their predecessors dead This you labour to prooue by a few drye coniectures but especially and aboue all others you say because the Realme is asked three times at euery coronation whether they will haue such a man to be their king or no. First wee haue good reason to require better proofe of this question then your bare word secondly although we admit it to be true yet seeing the aunswer is not made by the estates of the Realme assembled in parliament but by a confused concurse necessarie Officers excepted of all sorts both of age and sexe it is for ceremonie only not of force either to giue or to increase any right Another of your arguments is for that the Prince doth first sweare to gouerne well and iustly before the subiects take their oath of alleageance which argueth that before they were not bound And further you affirme that it happened onely to king Henry the fifth among his predecessors to haue fealtie done vnto him before hee was crowned and had taken his oath I confesse indeed that Polydore and Stâ—w haue written so but you might easily haue found that they write not true the one of them being a meere straunger in our state the other a man more to be commended for indeuour then for art King Iohn being in Normandie when his brother dyed sent into England Hubert Archbishop of Canterburie VVilliam Marshall Earle of Strigvile and Geoffrie Fitzpeter Lord chiefe â—ustice who assembled the States of the Realme at Northhampton and tooke of them an oath of obedience to the new king Also king Henry the third caused the Citizens of London the Guardians of the Cinque-ports and diuers others to sweare fealtie to Prince Edward his sonne who being in Palestina when his father died the Nobilitie and Prelates of the Realme assembled in the new temple at London and did acknowledge him for their king And in like manner king Edward the third tooke an oath of all the Nobilitie of the Realme of faith after his death to Richard Prince of Wales and so did king Henry the first for his daughter Mawde and her yong sonne Henry After the death of king Henry the fifth that subiects did often sweare alleageance before the coronation and oath of the king you had neither countenance nor conscience to deny but it was neither of these two which did restraine you it proceeded onely from the force of truth which will manifest it selfe whatsoeuer art we vse to disguise it For otherwise what countenance what conscience had you to affirme that it is expresly noted by our English Historiographers That no alleageance is due vnto kings before they bee crowned Who are these Historiographers where doe they so write you that search euery dustie corner of your braines for a fewe ragged reasons to vphold your heresie should not either haue mentioned or omitted such pregnant proofes for in that you affirme and do not expresse them you condemne your selfe by your owne silence If you meane that which you alleadge out of Polydore and Stowe That an oath of fealtie was neuer made before coronation vntill the time of king Henry the fifth it is neither true nor to any such sence If you meane that of Polydore in tearming Henry the fift Prince and not King before he
chaunge which twice hath happened in the whole race of the kings of France I haue spoken before you seeme also either to threaten or presage the third chaunge from the king who now raigneth and other Princes of the house of Burbon It was your desire you applyed your endeuour with all the power and perswasions you could make You knit diuers of the Nobilitie in a trecherous league against him you incensed the people you drew in forren forces to theyr assistance by which meanes the Realme fell daily into chaunge of distresse the men of armes making all things lawfull to their lust The good did feare the euill expect no place was free eyther from the rage or suspition of tumult fewe to bee trusted none assured all things in commixtion the wisest too weake the strongest too simple to auoyde the storme which brake vpon them the people ioyning to their miserable condition many complaints that they had bene abused by you in whose directions they founde nothing but obstinacie and rashnesse two daungerous humours to leade a great enterprise At the last when lamentable experience had made that knowne vnto them which they had no capacitie by reason to foresee they expelled as well your company as counsell out of the Realme and so the firebrands which you had kindled were broken vpon your owne heads hauing opportunitie by your iust banishment to enter into conscience both of the weakenesse and wrong of your aduice The partition of the Realme of France between Charles the great and Carlomon his younger brother and also the vniting thereof againe in Charles after the death of Carloman depended vpon the disposition of Pepin their father and not vpon the election of the people Girard saith that Pepin hauing disposed all things in his new Realme which hee thought necessarie for the suretie thereof hee disposed his estate leauing the Realme of Noion to his sonne Charles and to Carloman his other sonne that of Soissons that by the death of Carloman both his place and his power did accrue vnto Charles In this manner the first of a family who hath attained a kingdome hath ordinarilye directed the succession thereof The contention betweene Lewis le debonaire and his sonnes according to your owne Author Girard proceeded and succeeded after this manner Certaine Lords of France taking discontentment at the immoderate fauours which the king shewed toward Berard his great Chamberlaine conspired against him and for their greater both countenance and strength drew his owne sonnes to bee of their faction But Lewis brake this broile more by foresight then by force and doing execution vpon the principall offenders pardoned his sonnes Yet they interpreting this lenitie to slacknes of courage rebelled againe gathered a greater strength drew Pope Gregorie the fourth to bee a complice of their vnnaturall impietie whereby it appeareth saith Girard that they are either foolish or mischieuous who wil affirm that euery thing is good which the Popes haue done Afterward they tooke their father vnder colour of good faith and sent him prisoner to Tortone then at Compeigne assembled a Parliament composed of their owne confederates wherin they made him a Monke brought his estate into diuision share It is easie to coniecture saith the same Girard what miserable conditions the Realme then endured all lawes were subuerted all things exposed to the rage of the sworde the whole realme in combustion and the people extreamely discontented at this barbarous impietie In the ende Lewes by the aide of his faithfull seruants was taken out of prison and restored to his kingdome and his sonnes acknowledging their faulte were receiued by him both to pardon and fauour His sonne Pepin being dead he diuided his Realme among his other three sonnes Charles Lewes and Lothaire but Lewes rebelled againe and was again receiued to mercie lastly hee stirred a great part of Germanie to reuolt with griefe whereof the good olde man his Father died After his death Lewes and Lothaire vpon disdaine at the great portion which their Father had assigned to their brother Charles raised warre against him The battaile was giuen wherein Charles remained victorious reducing them both vnder such conditions as hee thought conuenient to impose Loe heere one of your plaine and euident examples which is so free from all exception But mindes corruptly inclined holde nothing vnlawfull nothing vnreasonable which agreeth with their passion Loys le Begue succeded after Charles not as you affirme by authoritie of the states but as in France at that time it was not vnusuall by appointment of his father And wheras you write that Loys at his first entrance had like to haue bin depriued by the states but that calling a Parlament he made thē many faire promises to haue their good will it is a very idle vntruth as appeareth by the Author whō you auouch At his death he left his wife great with childe who afterward was called Charles the simple But before he had accomplished the age of 12. yeares there stept vp in his place first Loys and Carloman his bastard brothers then Charles surnamed le Gros and after him Odo Earle of Paris Then Charles the right heire attained the Crowne and then againe were raised against him first Robert Earle of Angiers and afterward Ralph king of Burgūdie But where you attribute these mutations to the authoritie of the states Girard saith that they were by faction vsurpation of such who frō the weaknes of their Prince did make aduantage to their owne ambition affirming plainly that betweene the death of Loys le Begue Charles the simple not one of them who held the crowne of the Realme was lawfull king noting further that the first two races of Kings were full of cruel parricides murthers that in those times the Realme was oftē trauelled with tempests of seditiō Of the vsurpation of Hugh Capet I haue spoken before Girard writeth that althogh he sought many shadowes of right yet his best title was by force which is the cōmō right of first vsurpers And wheras you write that Henry the first was preferred to the crowne of France before Robert his elder brother First it was not by appointment of the states but of their father Secondly Girard maketh the matter doubtfull affirming that some said he was the younger brother Lastly it set vp a dangerous and doubtfull warre betweene them Further where you write that William being a bastarde succeeded Robert his Father in the Duchie of Normandie notwithstanding the saide Robert left two brothers in life it was at that time a custome in France that bastards did succeed euen as lawfull children Thierry bastard of Clouis had for his partage the kingdome of Austrasie now called Lorraine Sigisbert bastard of king Dagobert the first parted with Clouis the twelfth his lawfull brother Loys and Carloman bastards of king Loys le Begue raigned after their Father But in the third race of the kings
of France a law was made that bastards should not succeed in the Crowne and yet other bastards of great houses were stil aduowed the French being then of the same opinion with Peleus in Euripides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Oftentimes many bastardes excell those that are lawfully borne which is verified by Hercules Alexander the great Romulus Timotheus Themistocles Homer Demosthenes Brutus Bion Bartolus Gratian Peter Lombard Peter Comesior Io. Andreas and diuers other of most flourishing name Your examples of Lewes the 6. and Lewes the 11. are not worth a word in answere In the beginning of their raigne you affirme that they had like to haue beene disinherited by the state for the offences of their Father You beare a minde charged with thoughtes vaine busie and bolde without any restreint either of honestie or of discretion For how else could you here also affirme that King Henry the third of England was condemned by his Barons to be disinherited for the fault of his Father It is vsuall with you in all your reports either plainely to breake beyond the boundes of all truth or grossely for I cannot now say artificially to disguise it with many false and deceiueable termes But to conclude for the state of France which is also to exclude whatsoeuer you haue said vnder the raigne of Charles the fift for the better establishment of this right and for cutting of those calamities which accompanie vsurpatiō there was a lawe made that after the death of any King the eldest sonne should incontinently succeede We are now come to our English examples of which you might haue omitted those of the Saxon kings as well for that there could be no setled forme of gouernment in those tumultuous times as also for that our Histories of that age are very imperfect not leading vs in the circumstances either of the maner or occasion of particular actions they declare in grosse what things were done without further opening either how or wherefore But both these doe make for your aduantage for who seeth not that your exāples are chiefly bred in tempestuous times and the obscuritie of Histories will serue for a shadowe to darken your deceit Well let vs take both the times and Histories as they are How will you maintaine that Egbert was not next successour to Briticus by propinquitie of blood Briticus left no children and Egbert was descended of the blood royall as Polydore affirmeth William Malmesbury saith that he was the only man aliue of the royall blood being descended of Inegild the brother of King Ina. How then is it true which you say that Britricus was the last of the roial descēt and if it had beene so indeede the right of election should then haue bene in the state And thus you stumble at euery step you entangle your selfe without truth or ende You snatch at the words of Polydore where he saith He is created king by consent of all which doe imply no other sense but that which a little after he saith That he was saluted king by all So we finde also that the like improper speech was vsed at the coronatiō of Philip the second king of France whereby the Archbishop of Reimes did challenge power in the right of his Sea to make election of the king That Adelstane was illegitimate you follow Polydore a man of no great either industrie or iudgement William Malmesbury accounted Egwina the mother of Adelstane to be the first wife of king Edward his father he termeth her also a noble woman contrary to that which Polydore fableth Henry Huntington Roger Houeden and others write no otherwise of him but as of one that was lawfully borne And in that you english these words of Polydore Rex dicitur Rex a populo salutatur Hee was made king by the people In that you affirme also that for the opinion of his valure hee was preferred before his brethren which were lawfully borne whome you acknowledge to be men of most excellent both expectation and proofe you doe plainly shewe that vse hath made you too open in straining of truth Eldred did first take vpon him but as Protector because of the minoritie of the sonnes of Edmund his elder brother and afterward entred into ful possession of the Crowne But that his nephewes were put backe by the Realme it is your owne idle inuention it was no more the act of the realme then was the vsurpation of King Richard the third That Edwin was deposed from his estate it is inexcusably vntrue Polydore writeth that the Northumbrians and Mercians not fully setled in subiection made a reuolt Malmesburie saith that hee was maimed of a great part of his kingdome by the stroke of which iniurie he ended his life And whereas you write in commendation of King Edgar his next successor that he kept a Nauie of 6600. shippes for defence of the Realme you discouer your defectiue iudgement in embracing such reports for true In that you say that many good men of the Realme were of opinion not to admit the succession of Etheldred after the death of his brother I dare confidently affirme that you doe not only tel but make an vntruth hauing no author either to excuse or countenance the same In that you write also that betweene the death of Edmund Ironside and the raigne of William Conquerour it did plainly appeare what interest the Common-wealth hath to alter titles of succession it doth plainly appeare that both your reason and your conscience is become slauish to your violent desire For what either libertie or power had the Common-wealth vnder the barbarous rage and oppression of the Danes when Canutus had spread the winges of his fortune ouer the whole Realme none hauing either heart or power to oppose against him what choise was then left vnto the people what roome for right what man not banished from sobrietie of sence woulde euer haue saide that hee was admitted king by the whole Parliament and consent of the Realme It is true that after he had both violently and vniustly obtained full possession of the Realme slaine the brother of Edmund Ironside and conueied his children into Sueden he assembled the Nobilitie and caused himselfe to be crowned king but neither the forme nor name of a Parliament was then knowne in Englande and if coronation were sufficient to make a title no king should be accounted to vsurpe Of Harold the first the naturall sonne of Canutus our Histories doe verie differently report Saxo Grammaticus writeth that he was neuer king but that he died before his Father Henry of Huntington reporteth that he was appointed but as Regent for his brother Hardicanutus Others write that apprehending the opportunitie of his brothers absence he inuaded Northumberland and Mercia by force of the Danes who were in Englande wherevpon the Realme was diuided one part holding for Harolde and another for Hardicanutus who was in Denmarke But because hee
Orosius saith that the Lacedaemonians did chose to haue their K. halt rather theÌ„ their kingdom Herodotus also writeth that after the death of Codrus king of Athens Medon his eldest son Neleus the next did contend for the kingdom because Neleus would not giue place to Medon who was by reason of his lame legs if not vnable yet vnapt to gouerne The matter being almost brought to the sentence of the sword it was mediated between theÌ„ that the coÌ„trouersie should be decided by the Oracle of Apollo-Apollo was consulted by whose iudgement Medon was declared king Iosephus hath left recorded that Aristobulus Hircanus after a long cruel conteÌ„tion for the kingdom of Iury made Pompeie the iudge of that right which by arms they wer vnable to decide Hircanus alleaged that he was eldest brother Aristobulus excepted that Hircanus was insufficient to gouern a realme Hereupon Pompei gaue sentence that Aristobulus should giue ouer the kingdome which he did vsurp Hircanus be restored to his estate The like iudgement doth Liuy write that Annibal gaue for the kingdome of that country which is now called Sauoy restoring Brancus vnto his right from which he had beene by his younger brother expelled And although Pyrrus did appoint that sonne to succede whose sworde had the best edge yet was the eldest acknowledged who bare the least reputation for valour Lisander moued the Lacedaemonians to decree that the most sufficient not alwais the next in bloud of the ligne of Hercules should be admitted to the kingdome yet Plutarch saith that he found no man to second his aduise I will adde an example of later times Ladislaus a man more famous for the sanctitie of his life then for his kingdom of Hungary left by his brother Grisa two nepâ—ewes Colomannus the elder who was dwarfye lame crooke-backt crab-faced blunt and bleare-eyed a stammerer and which is more a Priest and Almus the younger a man free from iust exception Yet these respectes set aside a dispensation was obteined from the Pope and Colomannus notwithstanding his deformities and defectes was accepted by the people for king Girarde writeth that the custome of the French was to honour their kings whatsoeuer they were whether foolish or wise able or weake esteeming the name of king to be sacred by whomsoeuer it should be borne And therfore they supported in estate not onely Charles the simple but Charls the 6. also who raigned many years in open disteÌ„perature disturbance of minde So you see that the practise of many nations haue beene contrary to your conceipt and that the interpreters of the ciuill and canon lawe good arbitrators of naturall equitie either beare against you or stand for you onely when disabilitie is naturall adding further that if the excluded successor hath a sonne before or after succession doth fall free from any such defect the right of the kingdome descendeth vnto him This affirmeth Baldus Socinus Cardinall Alexander and before them Andreas Iserna Because the inhabilitie of parents doth not preiudice the children especially in regard of their naturall rightes neither is it any impediment wherefore they should not enioy either priuiledge or dignitie from the person of their grandfather Magis est saith Vlpian vt aui potius dignitas prosit quam obsit casus patris It is fitter that the son should receiue profit by the dignitie of his grandfather then preiudice by his fathers chaunce And this we may thinke is a reasonable respect wherefore other interpreters haue not allowed their principall opinion in repelling him who is disabled by birth For if another be once possessed of his place it will be hard for any of his children to attaine their right Wherevpon difunion factions warres may easily arise It is inconuenient I grant to be gouerned by a king who is defectiue in body or in minde but it is a greater inconuenience by making a breache in this high point of state to open an entrance for all disorders wherein ambition and insolencie may range at large For as mischiefe is of that nature that it cannot stand but by supportaunce of another euill and so multiplieth in it selfe till it come to the highest and then doth ruine with the proper weight so mindes once exceeding the boundes of obedieÌ„ce cease not to strengthen one bouldnesse by another vntil they haue inuolued the whole state in confusioÌ„ We find that Gabriel the yongest brother of the house of Saluse kept his eldest brother in close prisoÌ„ vsurped his estate and gaue forth for satisfaction to the people that hee was mad I could report many like examples but I shal haue occasion to speake more hereof in the further passage betwixt vs. After this you conclude three points 1 That inclination to liue in companie is of nature 2 That gouernement and iurisdiction of magistrates is also of nature 3 That no one particulare forme of gouernement is naturall for then it should be the same in all countries seeing God and nature is one to all But before I ioyne with you either in contradiction or consent it shall not be amisse to declare briefly what we vnderstand by the lawe of nature and by what meanes it may best be knowne God in the creation of man imprinted certaine rules within his soule to direct him in all the actions of his life which rules because we tooke them when wee tooke our beeing are commonly called the primarie lawe of Nature of which sort the canons accompt these precepts following To worship god to obey parents and gouernours therby to conserue common society lawful coniunction of man woman succession of children education of children acquisition of things which pertaine to no man equall libertie of all to communicate commodities to repell force to hurt no man and generally to do to another as he would be done vnto which is the sum and substance of the second table of the decalogue And this lawe Thom. Aquine affirmeth to be much depraued by the fall of man and afterwards more by errour euill custome pertinacie and other corrupters of the mind and yet doth it yeeld vs so large light that Saint Paule did esteeme it sufficient to condemne the gentiles who had no other law written Out of these precepts are formed certaine customes generally obserued in all parts of the world which because they were not from the beginning but brought in afterward some as a consequence or collection others as a practise or execution of the first naturall precepts are called the secondarie lawe of nature and by many also the law of nations Gaius saith that which naturall reason doth constitute among all men is obserued by all alike and termed the lawe of Nations and the same is called by Iustinian the lawe of nature Cicero likewise saith the consent of al nations is to be esteemed the lawe of nature But this is
most worthie successour after this depriuation I will derogate nothing from his worthinesse but there was neuer king in England who without concurrent in the title of the crowne did draw more bloud out of the sides of his subiects Your second example is of king Edward the second whom many of our histories report to bee of a good and courteous nature and not vnlearned imputing his defectes rather to Fortune then either to counsell or carriage of his affaires His deposition was a violent furie led by a vvife both cruell vnchast can with no better countenance of right be iustified then may his lamentable both indignities and death vvhich therupon did ensue And although the nobilitie by submitting thēselues to the gouerment of his sonne did breake those occasions of wars which doe vsually rise vpon such disorders yet did not the hand of God forget to pursue reuenge For albeit king Edward his son enioyed both a long prosperous raign yet his next successor king Richard the second vvas in the like violent manner imprisoned depriued put to death I will prosecute the successiue reuenge which heereof also ensued being a strange matter worthie to be rung into the eares of all ages King Henry the fourth by whom king Richard was deposed did exercise the chiefest acts of his raigne in executing those who conspired with him against king Richard His son had his vertue well seconded by felicity during whose raigne by meanes of the wars in France the humour against him was otherwise imployed spent but his next successor king Henry the sixth was in the very like manner depriued together with his yong son Edward imprisoned and put to death by king Edward the fourth This Edward died not without suspiciō of poison after his death his two sons were in like maner disinherited imprisoned murthered by their cruell vnkle the duke of Glocester who being both a tyrant and vsurper was iustly encountred and slaine by king Henry the seauenth in the field So infallible is the law of iustice in reuenging cruelties and wrongs not alwaies obseruing the presence of times wherein they are done but often calling them into reckoning whē the offenders retaine least memorie of them Likewise the deposition of king Richard the second was a tempestuous rage neither led nor restrained by any rules of reason or of state not sodainely raised and at once but by very cunning and artificiall degrees But examine his actions vvithout distempred iudgement you will not condemne him to be exceeding either insufficient or euill weigh the imputations that were obiected against him and you shall find nothing either of any truth or of great moment Hollingshead writeth that he was most vnthankfully vsed by his subiects for although through the frailtie of his youth he demeaned himselfe more dissolutely then was agreeable to the royaltie of his estate yet in no kings daies the commons were in greater wealth the Nobilitie more honoured and the Clergie lesse wronged vvho notwithstanding in the euill guided strength of their will tooke head against him to their owne headlong destruction afterward partly during the raign of king Henry his next successor whose greatest atchiuements were against his owne people but more especially in succeeding times whē vpon occasiō of this disorder more english bloud was spent thē was in all the forren wars which had ben since the cōquest Three causes are commonly insinuated by you for which a king may be deposed tyranny insufficiencie impietie but what prince could hold his state what people their quiet assured if this your doctrine should take place how many good princes doth enuie brand with one of these markes what action of state can be so ordred that either blind ignorance or set mallice wil not easely straine to one of these heads euery execution of iustice euery demand of tribute or supply shall be claimed tyrannie euery infortunate euent shall be exclaimed insufficiencie euery kind of religion shall by them of another sect be proclaimed impietie So dangerous it is to permit this high power to a heedlesse and headlesse multitude who measure things not by reason and iustice but either by opinion which commonly is partiall or else by report which vsually is full of vncertainties and errors the most part doing because others doe all easie to become slauish to any mans ambitious attempt So dangerous it is to open our eares to euery foolish Phaetō who vndertaking to guid the chariot of the Sun will soone cast the whole earth into combustion You proceede that king Henry the sixth was also deposed for defectes in gouernment Let vs yeeld a little to you that you may bee deceiued a little that you may be carried by your affections how can you excuse these open vntruthes wherein it cannot bee but the diuell hath a finger you cannot bee ignorant that the onely cause which drevv the familie of Yorke into armes against king Henry vvas the title which they had vnto the crowne by vertue whereof it vvas first enacted that Richard duke of Yorke should succeed king Henry after his death but for that hee made vnseasonable attempts he was declared by parlament incapable of succession and afterwards slaine at the battaile of wakefield Then Edward his sonne prosecuting the enterprise hauing vanquished king Henry at the battaile of S. Albons obtained possession of the state caused king Henrye to be deposed and himselfe to be proclaimed crowned king Afterward he vvas chased out of the realme and by act of parlament both depriued and disabled from the crowne Lastly he returned againe and depriued king Henrye both from gouernment from life It is true that some defects vvere obiected against king Henry but this was to estrāge the harts of the peple frō him The main cause of the war did proceed frō the right of the one partie possessiō of the other The contrarietie of the acts of parlament vvas caused by the alternatiue victories of them both Your last example is of king Richard the third of vvhom you vvright First that although he sinned in murthering his Nephewes yet after their death hee vvas lawfull king Secondly that he was deposed by the common wealth who called out of France Henry earle of Richmond to put him downe Philosophers say that dreames doe commonly arise by a reflection of the phantasie vpon some subiect wherof we haue meditated the daie before It may be y◠your drowsie conceit vvas here cast into a dreame of that vvheron it had dozed in all this chapter Or at the best that you are like vnto those vvho haue so often tould a lie that they perswade themselues it is true King Edward the fourth left other children besides those that were murthered the duke of Clarence also vvho vvas elder brother to king Richard lest issue in life all vvhich had precedence of right before him And as for the second point tell mee I pray you by vvhat
he doth not condition or restraine himselfe but maketh an honorable promise of indeuour to discharge his dutie being tyed thereby to no sâ—anter scope then he was before The reason hereof is Quia expressio eius quod tacitè inest nihil operatur The expressing of that which is secretly vnderstood worketh nothing Againe when the promise is not annexed to the authoritie but voluntarily and freely made by the Prince his estate is not thereby made conditionall For the interpreters of the Ciuill lawe do consent in this rule Pacta conuenta quae contractibus non insunt non formant actionem Couenants which are not inherent in contracts do not forme an action And therefore although by all lawes both of conscience and state a Prince is bound to performe his promise because as the Maister of sentences saith God himself will stand obliged to his word yet is not the authoritie but the person of the Prince hereby affected the person is both tyed and touched in honour the authoritie ceasseth not if performances do faile Of this sort was that which you report of Traian who in deliuering the sword to his gouernors would say If I raigne iustly then vse it for me if otherwise then vse it against me but where you adde that these are the very same words in effect which Princes do vse at their coronations pardon me for it is fit I should be mooued you will find it to bee a very base 〈◊〉 lye Of this nature was that also which the same Traian did to encourage his subiects to do the like in taking an oath to obserue the lawes which Pliny the younger did account so strange as the like before had not bene seene But afterward Theodoric did follow that fact whereupon Cassiodorus saith Ecce Traiani nostri clarum seculis reparamus exemplum iurat vobis per quem iuratis We repaire the famous example of Traian he sweareth to you by whome you sweare So when king Henry the fifth was accepted for successour to the crowne of Fraunce he made promise to maintaine the Parliament in the liberties thereof And likewise diuers Princes do giue their faith to mainetaine the priuiledges of the Church and not to change the lawes of the Realme which oath is interpreted by Baldus Panormitane and Alexander to extend no further then when the lawes shall be both profitable and iust because Iustice and the common benefit of subiects is the principal point both of the oath and dutie of a Prince whereto all other clauses must be referred And now to your examples First because in all the ranke of the Hebrew kings you cannot find either condition or oath not in the auncient Empires and kingdomes of the world not vsually in the â—lourishing time of the Romaine state both vnder heathen and christian Emperors because these times are too pure for your purpose you fumble foorth a dull coniecture That forsomuch as the first kings were elected by the people it is like that they did it vpon conditions and assurances for themselues That the first kings receiued not their authoritie from the people I haue manifested before and yet your inference hereupon is no other then if you should sue in some Court for a legacie alleadging nothing for your intent but that it is like the Testator shold leaue you something in which case it is like I suppose that your plea wold be answered with a silent scorne After a few loose speeches which no man would stoupe to gather together you bring in the example of Anastasius the first Emperour of Constantinople of whom the Patriarch Euphemius required before his coronation a confessioÌ„ of the faith in writing wherin he should promise to innouate nothing And further he promised to take away certaine oppressions and to giue offices without mony Let vs take things as they are and not speake vpon idle imagination but agreeable to sence what either condition or restraint do you find in these words Condition they do not forme because in case of failance they do not make the authoritie void neither do they make restraint because they containe no point whereunto the lawe of God did not restraine him All this he was bound to performe without an oath and if he were a thousand times sworne he was no more but bound to perform it eueÌ„ as if a father should giue his word to cloath and feede his child or the husband to loue his wife or any man to discharge that dutie which God and Nature doth require It is true that Anastasius was both a wicked man and iustly punished by God for the breach of his faith but his subiects did neuer challenge to be free therefore from their alleageance The same aunswere may be giuen to the promise which Michael the first gaue to Nicephorus the Patriarch That he would not violate the Ordinances of the Church nor embrue his hands with innocent bloud especially if you take the word Ordinances for matters necessarie to be beleeued but if you take it in a larger sence then haue I also declared in the beginning of this chapter how farre the promise doth extend Your next example is of the Empire of Almaine from whence all that you obiect doth fall within this circle After the death of Charles the Great the empire was held by right of succession vntill his line was determined in Conrade the first After whose death it became came electiue first in Henry duke of Saxony then in Otho his son and afterwards in the rest from whom notwithstanding no other promise was wrested but the discharge of that dutie which they were enformed or rather threatned that God wold seuerely exact at their hands But as in all electiue States it vsually hapneth at euery new change and choise the Emperor was deplumed of some of his feathers vntill in the end he was made naked of authoritie the Princes hauing drawne all power to themselues So by degrees the Empire was changed from a Monarchie to a pure aristocracie the Emperour bearing the title thereof but the maiestie and puissance remaining in the States During which weaknesse of the Emperour some points were added to his oath which seemed to derogate from the soueraigntie of his estate But what is this to those Princes who haue retained their dignitie without any diminution either of authoritie or of honour The like may be said of Polonia which not many hundred yeares since was erected into a kingdome and although the States did challenge therein a right of election yet did it alwaies passe according to propinquitie of bloud and was esteemed a soueraigne Monarchie vntill after the death of Casimire the Great when Lodonicus his Nephew King of Hungarie rather greedie then desirous to be king also of Polonia did much abase the Maiestie thereof Yet falling aâ—terward into the line of Iagello who maried one of the daughters of Lodowicke it recouered the auncient both dignitie and strength But when
delayed to come into England they all fell rather not to denie then to acknowledge Harold for their king Take now which of these reports you please for all do serue to your purpose alike Hardicanutus after the death of Harold came out of Denmarke into Englande and the people hauing their courages broken with bondage were easie to entertaine the strongest pretender But after his death diuers of the Nobilitie especially Godwine Earle of Kent rising into hope to shake off theyr shoulders the importable yoake of the Danes aduaunced Edwarde the sonne of Etheldred to the Crowne as being the next of the race of the Saxon Kings though not in blood yet at hand for Edward the outlawe his elder brother was then in Hungarie and feare being the only knot that had fastened the people to the Danish Kings that once vntied they all scattered from them like so many birdes whose cage had bene broken Edward being dead Harold the sonne of Godwine vsurped the kingdome for as Malmesburie saith By extorted faith frō the nobilitie he fastned vpon the Crowne a forceable gripe Henry Huntington also and out of him Polydore doe write that vpon confidence of his power he inuaded the Crowne which vsurpation gaue both encouragement and successe to the enterprise of the Normanes This short passage of Historie you doe defile with so many vntruthes that it seemeth you haue as naturall a gift to falsifie as to eate drinke or sleepe But where you write that William the Conqueror formed any title by cōsent of the realme you grow into the degree of ridiculous We finde that he pretended the institution of king Edward which had neither probabilitie norforce and that he was nearer to him in blood then Harold the vsurper but that hee euer pretended the election of the people it is your own clowted cōceit For whē he had rowted the English armie in the field when hee had sacked their Townes harried their Villages slain much people and bent his sworde against the brests of the rest what free election could they then make Your selfe acknowlede also in another place that hee came to the Crowne by dinte of sworde and at his death his owne conscience constrained him to confesse that hee tooke it without right And in that the Pope and the French King fauoured his enterprise it is not materiall this was not the first iniustice which they haue assisted Neither was it the Popes hallowed banner as you affirme but the bowe and the arrowe the only weapon of aduantage long time after to this Nation whereby hee did obtaine the victorie One helpe hee had also within the Realme for that King Edward had aduanced diuers Normans to high place both of dignitie and charge who gaue vnto him muche secret both incouragement and assistance in his attempt And thus in all these turbulent times you are so farre from finding fiue or sixe that you are short of any one who was made King by free authoritie of the people King William Rufus made no other title to the Crowne but the testament of his Father For often vse hath confirmed it for lawe that a Victor may freely dispose of the succession of that state which hee hath obtained by the purchase of his sword The conquerer disinherited his eldest son Robert for that knitting with Philip King of France he inuaded wasted and spoiled Normandie and ioyned in open battell against his father wherein the father was vnhorsed and wounded and brought to a desperate distresse of his life Herevpon he cast forth a cruel curse against his sonne which he could neuer be entreated to reuoke in so much as vpō his death-bed he said of him that it was a miserable countrey which should bee subiect to his dominion for that he was a proud and foolish knaue to be long scourged with cruell fortune And wheras you write that at the time of his fathers death he was absent in the warre of Hierusalem it is a very negligent vntruth But it is an idle vntruth that you write that Henry the first had no other title to the crowne but the election of the people He neuer was elected by the people he neuer pretended any such title Nubrigensis after him Polydore do report that he laid his title because he was borne after his father was king Malmesburie saith Henry the youngest sonne of William the great being an Infant according to the desires and wishes of all men was excellently brought vp because he alone of all the sonnes of William was princely borne and the kingdome seemed to appertaine vnto him He was borne in England in the third yeare after his father entred into it And this was the like controuersie to that which Herodotus reporteth to haue happened betweene the sonnes of Darius the sonne of Hystaspis king of Persia when hee prepared an expedition against the Grecians and Aegyptians because by the lawes of Persia the king might not enter into enterprise of armes before he had declared his successor Darius had three children before he was king by his first wife the daughter of Gobris and after he attained the kingdome he had other foure by Atossa the daughter of Cyrus Artabazanes was eldest of the first sort Xerxes of the second Artabazanes alledged that he was eldest of all the Kings children and that it was the custome amongst all men that the eldest should enioy the principalitie Xerxes alledged that he was begotten of Atossa the daughter of that king by whose puissance the Persians had gained not onely libertie but also power Before Darius had giuen sentence Demaratus the sonne of Aristo cast out of his kingdome of Sparta came vnto Xerxes and aduised him to alledge further that he was the eldest sonne of Darius after he was king and that it was the custome of Sparta that if any man had children in priuate estate and afterward an other sonne when he was king this last sonne should be his successor vpon which ground Darius pronounced in the behalfe of Xerxes The same historie is reported by Iustine and touched also by Plutarch although they differ both from Herodotus and one frō the other in some points of circumstance Hereto also agreeth that which Iosephus writeth in reprehending king Herod for excluding Alexander and Aristobulus his sonnes and appointing Antipater borne to him in priuate estate to succeed in his kingdome Many great Lawiers haue subscribed their opinions to this kinde of title and namely Pet. Cynus Baldus Albericus Raph. Fulgosius Rebuffus and Anto. Corsetta deliuereth it for a common opinion But with this exception if the kingdome be acquired by any other title then by succession according to proximitie in bloud for in this case because the dignitie is inherent in the stocke the eldest sonne shall succeede although he were borne before his father was King And therefore Plutarch writeth that after the
kingdome of Persia was setled in succession when Darius the King had foure sonnes Artaxerxes the eldest Cyrus the next and two other Parysatis his wife hauing a desire that Cyrus should succeede in the kingdome pressed in his behalfe the same reason wherewith Xerxes had preuailed before affirming that shee had brought forth Artaxerxes to Darius when hee was a priuate man but Cyrus when he was a king Yet Plutarch writeth that the reason which shee vsed was nothing probable and that the eldest was designed to be King Howsoeuer the right stoode betweene Robert Duke of Normandie and his younger brothers the facte did not stande eyther with the quiet or safetie of the Realme For during the raigne of VVilliam Rufus it was often infested vpon this quarell both with forren armes and ciuill seditions which possessed all places with disorder and many also with fire rapine and bloud the principall effects of a liâ—entious warre These mischiefes not onely continued but encreased in the raigne of King Henry vntill Robert the eldest brother was taken prisoner in the fielde which put a period to all his attempts So dangerous it is vpon any pretence to put bye the next in succession to the crowne This Henry the first left but one daughter and by her a young sonne named Henry to whom hee appoynted the succession of the Realme and tooke an oath of all the Bishops and likewise of the Nobilitie to remaine faithfull vnto them after his decease Yet you write that because Stephen sonne of Adela sister to King Henry was thought by the states more fit to gouerne he was by them admitted to the Crowne In which assertion you cannot be deceiued you do not erre but your passion doth pull you from your owne knowledge and iudgement Polydore writeth that hee possessed the kingdome contrary to his oath for which cause the mindes of all men were exceedingly mooued some did abhorre and detest the impietie others and those very fewe vnmindefull of periurie did more boldely then honestly allowe it and followed his part Further he saith that he was crowned at Westminster in an assembly of those noble men who were his friendes Nubrigensis affirmeth that violating his oath hee inuaded the kingdome William Malmesburie who liued in King Stephens time saith that he was the first of all lay men next the King of Scots who had made oath to the Empresse Mawde and that he was crowned three Bishops being present of whom one was his brother no Abbot and a very fewe of the Nobilitie Henry Huntington who liued also in the same time saith that by force and impudencie tempting God he inuaded the Crowne Afterward he reporteth that being desirous to haue his sonne Eustace crowned king with him the Bishops withstood it vpon commaundement from the Pope because hee tooke vpoÌ„ him the kingdom against his oath Roger Houeden writeth that he inuaded the Crowne in manner of a tempest This is the report of those writers who came nearest both to the time and truth of this action whom other Authors do likewise follow Polydore and after him Hollingshead do write that he tooke vpon him the Crowne partly vpon confidence in the power of Theobald his brother Earle of Blois and partly by the aid of Hen. his other brother Bishop of Winchester Walsinghame addeth that Hugh Bigot who had bene King Henries Steward tooke an oath before the Archbishoppe of Canterburie that King Henry at his death appointed Stephen to be his successour Wherevpon the Archbishop and a fewe others were ouer-lightly ledde like men blinded with securitie and of little foresight neuer considering of daungers vntill the meanes of remedie were past You write that they thought they might haue dâ—ne this with a good conscience for the good of the Realme But what good conscience could they haue in defiling their faith such consciences you endeuour to frame in all men to breake an oathe with as great facilitie as a Squirrell can cracke a Nut. What good also did ensue vnto the Realme The Nobilitie were set into factions the common people into diuision and disorder and as in warres where discipline is at large there insolencies are infinite so in this confusion of the state there was no action which tended not to the ruine thereof the liues and goods of men remaining in continuall pillage Polydore saith Matrons were violated virgins rauished Churches spoiled Townes and Villages rased much cattle destroied innumerable men slaine Into this miserable face of extremities the Realme did fall into the same againe you striue to reduce it But you say that for the ending of these mischiefes the States in a Parliament at Wallingford made an agreement that Stephen should be King during his life and that Henry and his offspring should succeede after his death A man would thinke you had a mint of fables there is no historie which you handle but you defile it with apish vntruthes All our histories agree that king Stephen vnable to range things into better forme did adopt Henry to be his successor The second Huntington faith that this agreement was mediated by the Archb. of Cant. and the Bishop of Winchester who repented him of the furtherance he gaue to the aduancement of king Stephen when he sawe what miseries did therevpon ensue The like doth Houeden report and Holingshead setteth downe the forme of the charter oâ— agreement betweene them whereby it is euident that it was a transaction betweene them two and no compulsorie act or authoritie of the State I denie not but some Authors affirme that the King assembled the Nobilitie but neyther were they the States of the Realme neither were they assembled to any other ende but to sweare fealtie vnto Henry sauing the kings honour so long as hee should liue After the death of King Richard the first you affirme that the succession was againe broken for that Iohn brother to King Richard was admitted by the States and Arthur Duke of Britaine sonne to Geoffrye elder brother vnto Iohn was against the ordinarie course of succession excluded Well sir I arrest your worde remember this I pray you for I will put you in minde thereof in an other place That which here you affirme to be against the ordinarie course of succession you bring in an other place for proofe that the Vncle hath right before the Nephewe You do wildely wauer in varietie of opinion speaking flatte contraries according as the ague of your passion is eyther in fitte or intermission The Historie of King Iohn standeth thus King Richard the first dying without issue left behinde him a brother named Iohn and a Nephewe called Arthur sonne of Geoffrye who was elder brother vnto Iohn This Arthur was appointed by King Richard to succeede in his estate as Polydore writeth Nubrigensis saith that he should haue bene established by consent of the Nobilitie if the Britaine 's had
and Albert of Austria were elected Emperors wherupon eight yeers warre betweene them did ensue and as it often happened in the Empire of Rome when one Emperour was chosen by the Senate and another by the Soldiers and sometimes by euery legion one whereby such fiers were kindled as could not bee quenched without much bloude For these warres are most cruelly executed because the quarrell leaueth no middle state inter summum praecipitium betweene the highest honour and the deadliest downefall For these and diuers other respectes it hath bin obserued at most times in all nations and at all times in most that the roialtie hath passed by succession according to propinquitie of bloud We read that Ptolomie who after the death of Alexander the great seazed vpon Aegypt and part also of Arabia and of Africk left that state to his youngest sonne but Trogus saide and out of him Iustine that it was against the lawe of Nations and that vpon this occasion one of them did worke the death of the other And therefore when afterward Ptolomie surnamed Physcon at the importunitie of his wife Cleopatra would haue preferred his youngest son to the succession of his kingdom Iustine saith that the people opposed themselues against it but Pausanias more probably affirmeth that they reuersed his order after his death The same course was held in Italy by the Hetruscanes Latines and those Albanes from whome the Romanes tooke their originall Liuie writeth that Procas king of the Albanes appointed Numitor to succeede in his estate but Amulius his yonger brother did vsurpe it by force hereupon Dionysius Halicarnasseus saith that Amulius held the kingdome against right because it appertained to his elder brother Among the Graecians during the space of six hundred yeares wherein they were gouerned by kings we finde but Timondas and Pittacus who were elected the one of Corinth the other of Negropont the residue held their states by order of successioÌ„ as Thucidides affirmeth encouÌ„tring therein the opinion of Aristotle Liuy writeth that Perseus king of Macedon said that by the order of Nature the law of Nations and the ancient custome of Macedony the eldest sonne was to succeede in the kingdome Diodorus Siculus and Iustine doe report that by this custom Alexander succeeded his father Amyntas before his yonger brother Phillippe Herodotus declareth that the same order was obserued amoÌ„g the Troianes affirming that after the death of Priamus the kingdom was not to deuolue vnto AlexaÌ„der because Hector was before him in years The same also doth appeare by that which Virgil writeth Praeterea Sceptrum Ilione quod gesserat olim Maxima natarum Priami The Scepter vvhich Ilione vvhen she the state did stay The first daughter of Priamus vvith royall hand did svvay Out of which place Seruius Maurus doth collect that women also did vse to gouerne But more plainely this custome of the Troianes doth appeare by that which Messala Coruinus writeth that Troius had two sonnes Ilus and Assaracus and that Ilus by priuiledge of his age succeeded in the kingdome The Persians also who for a long time held the reines of all the nations neere vnto them had the same order of succession as Zenophon witnesseth which is also confirmed by two famous histories one between Artaxerxes Cyrus wherof Plutarch maketh mention the other between Artabazanes Xerxes reported by Herodotus Iustine wherin Artabazanes alleaged that it was a custome among all men that the eldest son should first succeed Agathocles out of him Athenaeus do write that the Persians had a golden water for so they terme it whereof it was capital for any man to drinke but only the king and his eldest son Whither this water were drawen out of the riuer Euleus which inuironeth the tower Susis the Temple of Diana wherof Pliny writeth that only the kings of Persia did drink or whether out of Choaspis whose waters Herodotus doth report to haue bin boiled caried after the king in siluer vessels or whether both these were one riuer I will neither determine nor discourse In Siria which is called Assiria as Herodotus writeth also Phoenicia Palestina Mesopotamia as appeareth by Pliny Eusebius diuers other the same custome is proued by that which Iustine L. Florus doe write that Demetrius hauing bin deliuered by his brother Antiochus king of Siria for an hostage to the Romanes hearing of the death of Antiochus declared to the senat in open asseÌ„bly that as by the law of nations he had giuen place to his elder brother so by the same law the right of succession was then cast vpon him The Parthians who being thrice attempted by the Romans in the time of their chiefest both discipline and strength were able to beare themselues victorious did alwaies acknowledge for their king the next of the bloud of their first king Arsaces Among the Germaines also who were of force to defeate fiue consulare armies of the Romanes Tacitus affirmeth that the eldest sonne did intirely succeede onely the horses did fall to the most valiant And that this was likewise the custome of the Iewes it is euideÌ„t by the whole history of their kings especially where it is said that Ioram succeeded Iosaphat the reason added because he was the eldest I should but burne day as the saying is in running further vpon particulars Herodotus doth aduow it to be a general custome among al men that the first in birth is next in succession Certaine ages after him S. Hierome said that a kingdom is due vnto the eldest In late ages our selues may see that the Tartars Turks Persians all the Asiaticks haue no other form of coÌ„stituting their kings No other is folowed in all the countries of Africk In the west Indies no other is yet discouered Insomuch as when Frances Pizaire in the conquest of Peru had slain Atibalippa the king therof the people brake into shew some of ioy all of contentmeÌ„t because he had made his way to the kingdom by murthering of his elder brother In Europe it is not long since all the Monarchies were successiue When the Empire of Almaine was made electiue it became in short time so either troblesom or base that diuers Princes refused to accept it of late it hath bin setled in one family but hath as yet litle increased either in dignity or in power The people of Denmarke Sweden Hungary and Bâ—eme doe chalenge to themselues a right of election but they accept their king by propinquitie of bloud So they did in Polonia vntill the line of Iagello was worne out and then they elected for king Henry duke of Aniou in France since which time they haue alwaies in the change of their kings exposed their state to faire danger of ruine Vpon this both generall and continuall custome Baldus saith that kingdomes are
successiue by the law of nations affirming further that alwayes it hath beene alwayes it shall bee that the first borne succeedeth in a kingdome wherein he is either followed or accompanied with open crie of al the choise interpreters of both lawes as namely the Glossographer Iohan. Andreas Hostiensis Collect. Pet. Anchoranus Antonius Imola Card. Florentinus Abb. Panormitanus Oldradus Albericus Angelus Felinus Paul Castrensis Alexander Barbatius Franc. Curtius Guido Pape Card. Alexander Philip Francus Iason Philippus Decius Carol Ruinis Anto. Corsetta Ripa Calderine Alciate and manie other of somewhat more ordinarie name Who all with full voice do agree that in kingdomes and other dignities which cannot bee either valued or diuided but they are dismembred the eldest son doth entirely succeed And this manie of them do call the law of all Nations deriued from the order of nature and from the institution of God and confirmed by the Canon ciuil and other positiue lawes For the succession of children is one of the primarie precepts of nature whereby his mortalitie is in some sort repaired his continuance perpetuated by his posteritie But among al the children nature seemeth to preferre the first borne by imprinting in the mind of parents the greatest loue and inclination towards them as diuers of the authors before alleaged do affirm as it may appeare by that of the prophet Zacharie And they shall lamēt ouer him as men vse to lament in the death of their first borne and likewise by that which is said of Dauid that he would not grieue his sonne Ammon for that he loued him because he was his first borne Hereupon Lyra and before him Saint Augustin and Saint Chrysostome do affirme that the last plague of the Egyptians which was the death of their first borne was the most sharpe and heauie vnto them For nothing saith Saint Augustin is more deare then the first borne Aristotle Plinie Aeltane and Tzetzes do write that the same affection is also found in certaine beasts And to this purpose is that which Herodotus reporteth that when the Lacedaemanians had receiued an oracle that they should take for kings the two sonnes of Aristodemus and Aegina but giue most honor vnto the eldest and they were ignorant which was eldest because the mother and the Nurse refused to declare it they obserued which of the children the mother did wash and feed first and thereby found out that Eristhenes was the eldest Lucian citeth the loue of the first borne as growne into a prouerbe Gregorie Nazianzene saith that all men haue a sense thereof Saint Ambrose writeth that in this respect God called the people of Israel his first borne for that they were not most ancient but best beloued Lastly S. Chrysostome affirmeth that the first borne were to be esteemed more honorable then the rest And this naturall precedence both in honour and in fauour seemeth to be expressely ratified by God first where he said vnto Cain of his brother Abel His desires shall be subiect vnto thee and thou shalt haue dominion ouer him according to which institution whē Iacob had bought his brothers right of birth Isaak blessed him in these words Bee Lord ouer thy brethren and let the sonnes of thy mother bow before thee Secondly where he forbiddeth the father to disinherit the first sonne of his double portion because by right of birth it is his due Thirdly where he maketh choise of the first borne to be sanctified to himselfe And whereas God hath often preferred the youngest as Abel Isaac Iacob Iuda Phares Ephraim Moses Dauid Salomon and others it was no other then that which Christ said that manie that were last should be first and that which Saint Paul hath deliuered that God hath chosen the weak and base and contemptible things of this world least any flesh should glorie in his sight So hath Herodotus written how Artabanus the Persian in complaining maner did confesse that God delighted to depresse those things that were high But if the first borne die before succession fall or if being possessed of the kingdom he die without issue his right of birth deuolueth vnto the next in bloud and if he dieth in like maner then vnto the third and so likewise to the rest in order This is affirmed by Albericus and may be confirmed by that which Baldus saith that succession hath reference to the time of death and respecteth the prioritie which is then extant And againe He is not said the first borne in lawe who dyeth before the fee openeth but he who at that time is eldest in life And this opinion is embraced by Alciate because as Celsus saith Primus is dicitur ante quē nemo sit He is first who hath none before him Iaco. A retinus Cinus Albericus and Baldus doe forme this case There is a custome that the first borne of the first mariage shoulde succeede in a baronnie a certaine baron had three wiues by the first he had no children by the other two manie the first sonne of the second mariage shall succeede because as the glossographer there saith the second mariage in regarde of the thirde is accompted first Baldus dooth extende it further that if hee hath a sonne by the first mariage and hee refuse the baronie the first sonne by the second mariage shall succeede in his right and so hee saith it was determined in the kingdome of Apulia when Lewes the kings eldest sonne was professed a friar And this decision is allowed by Alexander Oldradus and Antonius Corsetta and is prooued by plaine text of the canon law both where the second borne is called first borne whē the first borne hath giuen place and also where he is called the onlie sonne whose brother is dead But because it is a notorius custome that the neerest in bloud doth succeede although perhaps remoued in degree I wil labour no more to loade it with proofe for who wil proclaime that the sunne doth shine But if we should now graunt vnto you which is a greater curtesie then with modesty you can require that no particular forme of gouernement is naturall what will you conclude thereof what inference can you hereupon enforce That there is no doubt but the people haue power to choose and to chaunge the fashion of gouernment and to limitte the same vvith vvhat conditions they please What Sir can you finde no thirde but that either one forme of gouernment is naturall or that the people must alwaies retaine such libertie of power haue they no power to relinquish their power is there no possibilitie that they may loose it whether are you so ignorant to thinke as you speake or so deceitfull to