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A29487 [A Brief] vindication of the Parliamentary proceedings against the late King James II proving that the right of succession to government (by nearness of blood) is not by the law of God or nature, but by politick institution : with several instances of deposing evil princes, shewing, that no prince hath any title originally but by the consent of the people. 1689 (1689) Wing B4656; ESTC R17719 41,711 76

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admit the Succession of Etheldred both in respect of the Murther of King Edward his elder Brother committed for his sake as also for that he seem'd a Man very unsit for Government and of this Opinion was that holy Man Dunstand Archbishop of Canterbury who in flat words denied to Consecrate him but seeing the most part of the Realm incline to his side he told that it would repent them afterwards and that in his Life the Nation should be destroy'd as indeed it was and he forc'd to Normandy and left Sweno and his Danes in the possession of the Realm thô after Sweno's Death he return'd and died in London He had two Wives the first an English Woman by whom he had prince Edmond Sirnam'd Ironside for his great strength and courage Now he that will consider the passage of the Crown of England from the death of Edmond Ironside eldest Son of King Etheldred until the acquisition thereof by William Duke of Normandy will easily se what Authority the Commonwealth hath had to alter Titles of Succession according as publick necessity required Now since King William the First commonly call'd the Conquerour thô in truth he never grounded his Title upon any thing but the Election of the Confessor and Consent of the people the exclusion of Princes against the ordinary course of Succession is more notorious than in elder times therefore I shall only refer the Reader to their particular Lives who succeeded before the lawful Heirs by propinquity of Blood. As first William Rufus and henry the First before Robert their elder Brother King Stephen before Henry the Second and King John before Arthur Duke of Britain Some years afte when the Barons and States of England dislik'd the Governent of King John they rejected him and chose Lewis the Prince of France to be their King and swore Fealty to him at London and depriv'd the young Prince Henry his Son but after the death of his Father king John they recall'd again that Sentence and admitted this Henry to the Crown by the name of Henry the third and disannull'd the oath and Allegiance made to Lewis of France Now from this Henry the Third the Houses of Britany Lancaster and York do seem to issue as a triple Branch our of one Tree Now if we consider the Titles of the Kings of the House of York and those of Lancaster we shall see plainly that the best of all their Titles after the deposition of King Richard the Second depended most or the Authority of the Commonwealth for as the People were affected and the greater part prevailed so were their Titles either confirm'd altered or disannulled by Parliament and yet we may safely affirm that either part when they were in possession of the Crown and confirm'd therein by parliament were true and lawful Kings and that God concur'd with them as with true Princes for government of their People For if we should deny this Point great Inconveniences would follow and we should shake the States of most princes in the World at this day as by Examples which I have already alledg'd may appear And sO I shall end this point affirming That as propinquity of Blood is a great preheminence towards the attaining of any Crown yet it doth not bind the Commonwealth to admit it if weightier Reasons should urge the contrary Now it will be a further proof of what I have before alledg'd viz. That all Commonwealths have prefix laws to their Princes which they are as much bound to keep as any Subject if we consider their oaths at their Admission or Coronation And first of the Emperour who Swears to defend the Christian Religion to minister Justice equally to all Men to keep and observe all laws and priviledges of the Empire not to alienate or engage the possessions of the Empire to condemn no man but by course of Law and that whatsoever he does otherwise shall be void and of no validity Unto these Articles he Swears first by his Legates and he gives a Copy of his oath to each Elector and after he goes to be Crown'd where in the middle of Mast the Archbishop of Colen asks in the presence of all the the People Whether he is ready to Swear to the aforesaid Articles and he answers that he is then the Archbishop leads him to the high Altar where he Swears to them in express words which being done the Archbishop turning to the princes of the Empire and People there present asks them Whether they be content to swear Obedience and Fealty to him who answers Yes then he 's Anointed and the other two Archbishop lead him into the Vestry where Deacons are ready to put on his Robes then the Bishop of Colen delivereth him a drawn Sword and puts a Ring on his Finger and a Scepter in his Hand and then the three Archbishops put the Crown on his head and so he 's plac'd on the Imperial Throne where all the Princes swear Obedience to him Now it 's to be noted that the Emperour Swears three times twice himself and once by his Deputies before his Subjects Swear once to him In Polonia the manner of Crowning thieir King is in substance the same as of the Emperour His Oath is in these Words I do promise and swear before God and his Angels that I will do Law and Justice to all and keep the Peace of Christ's Church and the Vnion of his Catholick Faith and if which God forbid I should break my Oath I am content that the Inhabitants of this Kingdom owe no Duty or Obedience unto me as God shall help me and gods Holy Gospel In Spain I find that the manner of admitting their Kings was different and not the same before and after the destruction thereof by the Moors but yet in both times their Kings did Swear in effect the self-same Points which before have been mentioned in other Kingdoms Now Ambrosio Moral reports Ambro. Moral lib. 13. cap. 2. That a certain law was found writen in the Gothish Tongue and left since the time of Don Pelayo the first King after the Moors which prescrib'd how Men must make their King in Spain and how he must swear to the priviledges and Liberties of that nation Before all things it 's establisht for a law Liberty and Priviledge of Spain that the Kings shall be made by Voices and Consent perpetually to the intent that no Evil king may enter without the Consent of the people seeing they are to give him that which with their Blood and Labours they have gain'd from the Moors Thus far goes the first Article of this Law which is the more to be noted because the most ancient of the Spanish Historians do say that from this Don Pelayo the Succession of their Kings was ever by propinquity of Blood and yet we see that Election was joyned with it in express terms The second part of that Law contain'd the Ceremonies us'd in those old times at the admission of their
and Marquesses of Austria and now are divided into Thirteen Cantons under Popular Magistrates of their own and its certain that God approves of our most Gracious Prince King WILLIAM since his Election by the People as he did of the former Princes while the Commonwealth were contented with them so as when Men talk of a Natural Prince or Natural Successor as many times I have heard the Word us'd if it be understood of one that is Born in the same Realm or Country and so of our own Natural Blood it hath some Sense thô he may be good or bad and none have been worse or more cruel many times than Home born Princes but if it be meant as thô any Prince had his particular Government or Interest to succeed by Institution of God or Nature its ridiculous for that God or Nature giveth it not as hath been declared but the particular Constitution of every Common-wealth within it self Now the Government of every Prince is to be respected according to the benefit that redounds to the Subject for whose good it was ordain'd and when the Subjects live well and prosperously are defended and maintained in Peace Safety and Wealth when Justice is done equally to all Men the Wicked punished and the Good rewarded when true Religion is maintain'd and Vertue promoted this is that which importeth the Realm and Subjects and not where or in what Country the Prince or his Officers were Born or of what Nation Language or Kindred they be for that as soon as he is placed in that Dignity he becometh a Stranger to me and it availeth me little whether he be of my Blood and Country or not And I may say as the People of Israel said to Rehoboam who being King Davids Grand-Son and of the House of Jesse thought his State assured and so might oppress the People at his pleasure Quae nobis pars in David vel quae haereditas in filio Jesse and so they left him and chose to be under Jeroboam a Stranger For what availed it them that lived in Spain under Peter the Cruel or in England under Richard the Third commonly call'd the Tyrant what did it import them that those Princes were of their own Country or Blood seeing they did that to them which a Stranger thô never so barbarous or cruel would scarce have done As in like manner What did it import those Noble Families of the De la Pools Staffords Plantagenets and others destroy'd by Henry the Eighth What avail'd it to them that the said King was not only their Country-man but their near Kinsman What profit or commodity was it to Thomas of Woodstock Duke of Gloucester that he lived under King Richard the Second who was his Nephew or to George Duke of Clarence that King Edward the Fourth was his Brother when both were disgrac'd and put to death by them and lost their Lands and Dignities which perhaps under a strange Prince they might have enjoyed many years And lastly what availeth it to Scotland or England that the late King James was descended of them and born with us or to the present Queen that he was her Father when he endeavour'd utterly to destroy the Peace and Tranquility of those Nations and unnaturally to exclude his Royal Daughter from the Inheritance of these Three Kingdoms to set up a suspected Child to finish the Game which he had begun so as we may say as before What part have we in James or what Inheritance in the Son of the Martyr And so much for this first Point which is the ground of all the rest I have to say Now since we have as I take it fully prov'd That no King or Goverour hath his Interest from God or Nature but from the particular Institutions of the Commonwealth I shall proceed to evince both by Reason and Example that they have Laws and Rules prescribed by the said Common-wealths by which they are bound to Rule and Govern their People Now I do really believe that of all other Governments Monarchy is the best and least subject to the Inconveniences that others are and that Popular Governments are the worst and have soonest come to ruine as may be shewed not only by old Examples of Greece Asia and Africa but also many Cities in Italy as Florence Bolonia Siena Pisa Arezzo Spóleto Perugia Padua and others which upon the fall or diminution of the Roman Empire under which they were before took unto themselves Popular Governments wherein they were tossed with continual Seditions Mutinies and banding of Factions and could have no end of their Miseries until after insinite Murthers and Massacres they came in the end under the Monarchy of one Prince as at this day they remain So where the Government of Aristocracy took place there were perpetual Divisions among the Senators as in Carthage which was the Reason that Succours were not sent to their Captain Hannibal in Italy after his so great and important Victory at Canna being the preservation of the Roman Empire and the loss of their own As also afterwards the Emulation and Disunion of the Roman Senators among themselves in the Contentions of Marius and Silla and of Pompey and Coesar was the occasion of all their Destruction and of the Commonwealth with them Now if the Prince who governeth alone and hath Supreme Authority to himself as he resembles God in this point of sole Command so could he resemble him also in wise discreet and just Government and in Ruling without Passion Nothing more excellent in the World could be desired for the perfect Felicity of his Subjects But because a King is a Man as others be and therefore not only subject to Errors in Judgment but also to passionate Assections in his Will therefore it was necessary that the Commonwealth as it gave him this great power over them so it should assign him the best Helps that might be for directing and rectifying both his Will and Judgment and make him as like in Government to God whom he representeth as mans Frailty can reach unto For this Consideration they assign'd to him the assistance and direction of Law Which Aristotle saith is a certain Mind disquieted with no disordinate Affection as mens Minds commonly be for that when a Law is made for the most part it s upon due consideration and without perturbation of evil Affections as Anger Envy Hatred Rashness or the like Passions and it is referred to some good End and Commodity of the Commonwealth which Law being once made remaineth still the same without alteration or partial Affection being indifferent to all speaking alike to every Man in which it resembles the Perfection of God himself For which cause the said Philosopher saith Aristot lib. 3. cap. 12. That he who joyneth a Law to govern with the Prince joyneth God to him but he that joyneth to the Prince his Affections joyneth a Beast So that a Prince Ruling by Law is more than a Man or a man Deified
That it was never done to any Prince before Henry the Fifth All which Points do demonstrate that it 's the Coronation and Admission that makes a true and perfect King let the Title by Succession be what it will and that the Consent of the Realm is of much greater consequence than nearness of Blood. This may be prov'd by many Examples in England where Admission has prevail'd against Right of Succession as in William Rufus who succeeded the Conquerour and King Henry the First his Brother in King Stephen King John and others who only by Admission of the Realm were Kings against the order of Succession To these we may add Henry and Edward both Sirnamed the Fourth whose Entrances to the Crown if we well consider we shall find that both of them founded the best and surest part of their Titles upon the Election and Consent of the People And both of them having Remorse of Conscience at their dying days being they put so many Men to death for maintenance of their Rights and Titles had no better way to appease their own Minds but by thinking they were plac'd on the Throne by the Voice of the Realm and consequently might lawfully defend the same and punish such as intended to deprive them Moreover if we look into the Actions of Princes in all Ages we shall find that such Kings as were most politick and had the least doubt or suspicion of Troubles about the Title after their Deaths have caused their Sons to be Crown'd in their own days as trusting more to that than to their Title by Succession thô they were never so lawfully and lineally descended And of this I could alledge many Examples out of divers Countreys but specially in France since the last Line of Capetus came to that Crown for Hugh Capetus himself procured Robert his eldest Son to be Crown'd in his own days and Robert did the same for his youngest Son Henry Henry also did entreat the States of France to Admit and Crown Philip the First his eldest Son in his own time and this Kings Son Lewis did the same to both his Sons first to Philip and after his death to Lewis the younger And for the same cause the Prince of Spain is Swore and admitted by the Realm during his Fachers Reign The same Consideration also moved King David to Crown his Son Solomon in his own days And finally our King Henry the Second of England considering the alteration the Realm had made in admitting King Stephen before him against the order of Lineal Succession and fearing the like might happen after him caused his eldest Son Henry to be Crowned in his life time But this Device had but ill success for King Henry the younger made War upon King Henry the elder and got both the Kings of France and Scotland and many Nobles both of England and Normandy to take his part for which cause 't is probable that this thing has never since that time been us'd in England But yet hereby its evident what the Opinion of the World was in those days of the force of Coronation and Admission of the Commonwealth and how little the propinquity of Blood prevailed without it I might bring insinite Examples from the Grecians and Romans to this purpose but that it may be ojbected that they are too old and far fetch'd Examples and ought not to be Presidents to us in these Ages Wherefore I shall only give some few Examples of the Jews being they were Gods Elect People and so fit Presidents for us to follow and then hasten to those of kiter Times First then Thô God made Saul a true and lawful King and consequently gave him all the Kingly Priviledges Benefits and Prerogatives belonging to that degree and state whereof one was That his Children should succeed after him in the Crown yet after his death God suffered not any of his Generation to succeed him tho' he left behind a numerous Issue and among others Ishbosheth a Prince of 40 yeras old whom Abner the General Captain of that Nation follow'd for a time as their lawful Lord and Master by Succession until God check'd them for it and induc'd them to reject him and to receive David newly elected King who was a Stranger by Birth and no Kin to the King deceased Now if any one shall say that it was for the Sin of Saul whom God had rejected I do confes it and yet it makes nothing against our purpose being we do not pretend that a Prince who is next in Blood can justly be put back unless for his own defects or those of his Ancestors And it 's to be noted That Jonathan who was a good Man and much praised in Holy Writ being slain in the Battle and leaving a Son named Mephibosheth who was also put back tho'b y nearess of Blood he had great interest in the Succession and much before David and that only for ought appears upon the account of Saul his Grandfather After David succeeded Solomon who was his younger and tenth Son and the fourth only by Bathsheba tho' Adonijah the Heir apparent seeing his Father old and ready to dye had call'd many of the great Men of that State both Spiritual and Temporal intending to have proclaimed himself Heir apparent to the Crown but Bathsheba and Nathan the Prophet coming to the old King as he lay on his Bed put him in mind of his Promise to Bathsheba made for preferring of her Son telling him which pleased him well Quod occuli totius Israel in eum respicerent ut indicaret eis quis sederet in solio suo post ipsum Which was as much as to say That the whole Commonewealth referr'd it to his choice which of his Sons should Reign after him Upon these Reasons and Perswasions the old King was content they should take Solomon out of hand and put him on the Kings own Mule and carry him about the Streets of Jerusalem accompanied with his Guards and crying with found of Trumpets Long live King Solomon Hereby we may learn That these and the like determinations of the People about admitting or refusing of Princes to Reign or not to Reign over them when their Designs are to good Ends and for just Respects and Causes are allowed also by God and many times are his own special Drifts and Dispositions thô they seem to come from Man. Whereof there can be no more evident Proof than that which ensued afterwards to Prince Rehoboam the lawful Son and Heir to King Solomon who refusing to take away some hard and heavy Impositions laid on the People by Solomon his Father lost ten of the twelve Tribes who refused to admit him for their King but chose rather one Jeroboam that was a meer Stranger and God allowed thereof 1 King. 12.21 as the Scripture in express words testifies For when Rehoboam took himself to be openly injur'd would by Arms have pursu'd his Title and had gathered an Hundred and fourscore Thousand
chosen Souldiers to reduce the Rebels as he called them to their Obedience God appeared to one Semia an holy Man and commanded him to go to the Camp of Rehoboam and tell them that they should not fight against their Brethren who had chosen another King but that every Man should go to his House and live quietly under the King they had chosen and so they did and this was the end of that Tumult which God for the Sins of Solomon had permitted and allowed of And thus much I thought good to relate concerning the Jewish Commonwealth for that it may give light to all the rest I am to treat of for if God permitted and allowed this in his own Commonweal that was to be the Example and Pattern of all others that should ensue no doubt but he approveth also the same in other Realms when just occasion offers either for his Service the good of the People or for the punishment of the Sins and Wickedness of some Princes that the Line of Succession should be altered Now then to pass on further and to begin with the Kingdom of Spain which hath had three or four Races or Descents of Kings as France also and England have had First Race And the first Race was from the Goths which began their Reign in Spain after the expulsion of the Romans about the year of Christ 416 to whom the Spaniard referreth all his Nobility as the French doth to the German Franks and the English to the Saxons who entred France and England in the same Age as the others did Spain and the Race of the Gothish Kings endured Three hundred years until Spain was lost unto the Moors The second Race is from Don Pelago Second Race that was chosen first King of Austria after the destruction of the Kingdom by the Moors about the year of Christ 717 which Race continued and added Kingdom unto Kingdom for the space of Three hundred years until the year of Christ 1034 when Don Sancho King of Navarre got the Earldom of Aragon and Castile and made them Kingdoms dividing them among his Children to his second Son Don Ferdinando Sirnamed afterwards The Great he gave not only the Earldom of Castilia but by Marrying also the Sister of don Dermudo King of Leon and Asturia he joyned all those Kingdoms together Third Race and so from that Day began the third Race of the Kings of Navarre to Reign in Castile and so endured for Five hundred years until the year of Christ 1540 when the House of Austria entred to Reign by Marriage of the Daughter of Don Ferndinando Sirnamed The Catholick Fourth Race and this was the fourth Race of the Spanish Kings after the Romans Now in these four Ranks of Regal Descents divers Examples may be alledged for my purpose yet I shall pass by my first Race for that its evident by the Councils of Toledo which were held in those Times That express Election was joyned with Succession for in the 4th Council of Toledo Cap. 74. are these Words Let no man among us snatch the Kingdom by presumption but the former King being dead let the Nobility of the Kingdom together with the Priests and Clergy appoint the Successour of the Kingdom by Common Council Which is as much as if they had said Let no man enter upon the Kingdom by presumption of Succession alone but let the Lords Spiritual and Temporal by Common Voice see what 's best for the Weal-publick Don Pylao the first King after the destruction of the Kingdom by the Moors died and left a Son named Don Favilla who was King after his Father and Reigned two years aftes whose Death none of his Children werre admitted for King thô he left many but Don Alonso was chosen by the unanimous Consent of the Gothish Nation and for no other Reason Ambro. Moral lib. 13. cap. 6. 9. 10. but that the Kings Sons were young and unable to govern and this Alonso proved an excellent King and as Sebastianus Bishop of Salamancha who lived in the same time writes was for his Valiant Acts Sirnamed The Great To this Famous Don Alonso succeeded his Son Don Fruela who was a Noble King for Ten years and had many great Victories over the Moors but after declining to Tyranny he became odious to his Subjects and was Deposed and put to Death Anno Domini 768 Moral l. 13. cap. 17. and tho' he left two Sons yet for the Prejudice conceived against their Father neither of them were admitted by the Realm to succeed him but rather his Cousin Don Aurelio who Reigned Six years and died without Issue and because the Hatred which the Spaniards conceived against the Memory of Don Fruela was not yet extinguish'd they would not yet admit any of his Generation but excluded them a second time and chose Don Silo a Brother-in-Law of his so that the right Heirs of Don Fruela were twice put back for his evil Government But Don Silo being dead without Issue as also Don Aurelio was before him and the Anger of the Spaniards against Fruela being well asswaged they admitted his Son Don Alonso whom they had twice put back But he dying without Issue Don Ramiro his Cousin was chosen Moral cap. 33. and thô Don Ramiro was next in Blood to Alonso yet he was elected by the States as the Historian expresly writes But in the time of Don Ramiro the Law of Succession by propinquity of Blood was much reviv'd and strongly confirm'd and from this time forward the King always caus'd his eldest Son to be named King or Prince and to be always Sworn by the Realm and Nobility yet we shall find this Ordinance to have been frequently broken upon several Considerations As for Example after some Descents from Don Ramiro which were Don Ordonio this Mans Son and Don Alonso the Third Don Garzia and Don Ordonio the Second all four Kings by orderly Succession It hapned that in the year of Christ 924 Don Ordonio the Second dying left four Sons and one Daughter lawfully begotten and yet the State of Spain displaced them all and gave the Kingdom to their Uncle Don Fruela second Brother to their Father and for no other Reason but their being young and not so able to govern as their Uncle was But after a year this Fruela died leaving many Sons of a full Age yet the Spaniards put them all by the Crown and those Don Alonso the Fourth And this shall suffice concerning the Race of Don Pylao first Christian King of Spain after the Entrance of the Moors Now for avoiding prolixity we 'll omit many Instances that are for our purpose and be content to repeat a few of latter Date And First In the year of Christ 1276. Don Sancho Sirnamed El Bravo for his great Valour was chosen and his Nephews who were Heirs apparent put back because he weas a great Warriour and more like to manage better the Matters of War than they
the Spaniards return'd and depriv'd Peter the second time and slew him in fight hand to hand who proved an excellent Prince and for his great nobility in Conversation and prowess in Chivalry was called El Cavalero the Knightly King and for his exceeding benignity and liberality was Sirnam'd also El delas Mercedes i.e. the King who gave many Gifts or the liberal frank and bountiful King which was a great alteration from King Peter the Cruel his Predecessor In Portugal also before I go out of Spain I will alledge one Example more which is of Don Sancho the 2d fourth King of Portugal lawful Son to Don Alenso Sirnam'd El Gardo 3d King of Portugal This Don Sancho after he had Reigned 34 years was deprived for his defects in Government by the universal Consent of all Portugal Garib lib. 4. de hist Port. cap. 19. and this approved by a general Council in Lions and Don Alonso third Brother to the said Don Sancho succeeded who enjoy'd the Kingdom of Portugal prosperously and peaceably all the days of his life and he was a notable King who among other great Exploits set Portugal free from all subjection Garib hist Port. lib. 34. cap. 20. dependance and homage to the Kingdom of Castile which unto his time it had acknowledged and he left for his Successor his Son and Heir Don Dionysio el Fabricador that is the Great Builder for he built and founded above 44 great Towns in Portgual and was a very excellent Prince In Polonia Henry the 3d who was King of France thô before Sworn King of Poland Vide Gagnen part 1. of which Crown he was deprived by publick Act of Parliament for departing thence without Licence and not returning at his day by the State appointed and denounced by publick Letters of peremptory Commandment This was a clear Abdication and the said State proceeded against him much after the same manner as ours did against the late King James In Denmark Cisternus their lawful King if we respect his descent in Blood being Son to King John who Reigned before him and Crown'd in his Fathers life was deposed for his intolerable Cruelty and driven into Banishment together with his Wife and three Children which were all disinherited and his Uncle Frederick Prince of Holsatia was chosen King and Cisternus thô he married the Sister of Charles the 5th Emperour of Germany and was Related also to Henry the 8th of England yet he could never prevail to be restored but past his time miserably partly in Banishment and partly in Prison till he died Now I think it convenient to end this short Narration with an Example or two out of England being I have not read of more remarkable Accidents concerning this Point than in the History of this Kingdom But for brevities sake I shall content my self with three or four Examples which hapned since the Conquest thô I may well look higher as appears by the deprivation of King Edwin and others Now I might instance King John who the States had deprived first at Canterbury and after at London in the 18th year of his Reign but being he was in actual War with the Barons and had a considerable Party to espouse his Quarrel and not being deprived by Parliament I shall therefore pass it by not accounting it so compleat a Deposition as that of Edward the Seconds was Polydor. lib. 18. it being done by Act of Parliament assembled in London in the year 1326 and his Body adjudg'd to perpetual Imprisonment he being Prisoner at that time in the Castle of Wallingford Stow in the Life of Edw. the 2d whether divers both Bishops Lords and Commoners were sent to him to denounce the Sentence of the Realm against him viz. how they had deprived him and chosen Edward his Son in his stead For which act of chasing his Son he thank'd them heartily and with many Tears acknowledg'd his own unworthiness Whereupon he was degraded his name of King first taken from him and he appointed to be call'd Edward of Carnarvan and then his Crown and Ring were taken away and the Steward of his House brake the Staff of his Office in his presence and discharged his Servants of their Services and all other People were discharged of their Obedience and Allegiance to him and towards his Maintenance he had only 100 Marks a year allowed for his Expences and then he was delivered into the hands of particular Keepers who led him Prisoner from thence to many other places using him with extreme Indignity in the way until at last they took away his Life in Berkley Castle and his Son Edward the 2d Reign'd in his stead who if we respect either Valour Prowess length of Reign acts of Chivalry or the multitude of Famous Princes his Children left behind him was one of the noblest Kings that ever England had After him succeeded Richard the 2d Son and Heir to the renowned Black Prince of Wales who forgetting the miserable end of his Great Grandfather for evil Government and the felicity of his Grandfather for the contrary suffered himself to be abus'd and misled by evil Counsellors to the great prejudice and disquiet of the Realm For which cause after he had Reigned 22 years he was also depos'd by Act of Parliament held at London 1399 and condemn'd to perpetual Imprisonment in the Castle of Pomfret where he was soon after put do death as the other before had been in whose place by free Election was chosen the Noble Henry Duke of Lancaster who prov'd a notable King and was Father to Henry the 5th commonly call'd the Alexander of England for as Alexander the Great conquered most part of Asia in the space of 9 or 10 years so did this Henry conquer France in less time I may also reckon in the number of Princes depriv'd for defect in Government thô otherwise of no ill life Henry the 6th who after 40 years Reign was deposed and imprisoned by Edward the 4th of the House of York and the same was confirm'd by the Commons and especially by the People of London and also by publick Act of Parliament not only in respect of the Title which King Edward pretended but also by reason that King Henry suffered himself to be over rul'd by the Queen his Wife and had broken the Articles of Agreement made by the Parliament between him and the Duke of York and solemnly sworn on both sides in punishment whereof and of his other negligent and evil Government Sentence was given against him and Edward the 4th elected in his place who was an excellent Prince But after this there sell another Accident much more notorious which was That Richard Duke of Gloucester this King Edward's Brother did put to death his two Nephews and made himself King and thô he acted very barbarously by taking the Crown in this wicked manner yet when his Nephews were once dead he might reasonably seem to be lawful King both
know it hath been confidently asserted by some base Flatterers that in all successive Monarchs the Heir should enter by title of Birth without condition consent or approbation of the Realm as also without Coronation Oath or Obligation to fulfil any Law or to observe any Priviledges of Church or State. These are things which only serve to terrisie the People and set them more against his Entrance than to advance his Title Another of their Propositions is That albeit the Heir apparent which is next by Birth to any Crown should be never so impotent or unfit to govern or if it should be known that he were most Malicious and Wicked and should go about to destroy the Commonwealth and drown the Ship he had to guide yet say they he must be Sacred and admitted without contradiction to his Inheritance which God and Nature hath designed him and his direction restraint or punishment must only be remitted to God alone for that no Man or Common-wealth may reform or restrain him This Doctrin one would think should be no sooner delivered but contemn'd by any Rational man who regards the end why all Commonwealths and Kingdoms and all Governments were ordained by God and Nature and not the flattering or adoring of any one miserable Man who shall endeavour to destroy the whole But to come to the particular Matter we are to treat of which is What is to be attributed to Succession or Propinquity of Birth alone First therefore I am perswaded that Succession is much to be preferred not for that it wanteth all all Difficulties and Inconveniences but like as before I have shewed of the particular Government of Monarchy in respect of other Forms viz. that it wanted not all but had sewer Inconveniences than other Forms of Regiment have so I say also of this That thô some Inconveniences are not wanting in Succession yet they are commenly far less and fewer than would follow by meer Election which is subject to great and continual danger of Ambition Emulation Division and Sedition which do evidently threaten the universal destruction and desolation of the whole Body at the Death of every Prince which Inconveniences have no place in Succession Secondly The Prince who is in present possession knowing that his Son or next of Kin is to succeed takes care to leave the Realm in good order as the Husbandman doth to Till and Manure the Ground which is his own and must remain to his Posterity Thirdly There are less alterations in Common-wealths where Succession prevails for that the Son commonly retains the same Friends Counsellors and Officers which his Father had before him and often pursues the same Actions and Intentions Fourthly He that entreth by Succession is either born a Prince or hath been much respected for his Title to the Crown and bringeth less Passions of Hatred Emulation Anger Envy or Revenge against particular Men for that no man durst offend him than he who entreth only by Election for he having been a Subject and equal to others before his Advancement and therefore had contention with many especially about his Election which he will seek to revenge when he is in Authority As on the other side also such as were his Equals before will bear him less respect and be more unwilling to obey him than if by Birth he had been their Sovereign Now as by Succession we remedy the difficulties of Election yet there remains one great and manifest Inconveniency in the former namely That some unapt impotent or evil Prince may offer to enter by priority of Blood which is to be prevented by adding Election Consent and Approbation of the Realm to Succession so as Succession by Election and Election by Succession will be help'd and the one made a Preservative and Remedy against the other And this is the wisdom and high Policy left by God and Nature to every Commonwealth for their own Conservation and Maintenance and every Man that is void of Passion will not only allow but also commend the same Now we shall proceed and shew what Interest a Prince hath before he 's Crown'd or Admitted by the Realm which I take to be the same as the King of the Romans hath to the German Empire after his Election and before he is Crown'd Or to use a more familiar Example to Englishmen as the Mayor of London hath to the Majoralty after he is Chosen and before he is admitted or taken his Oath For as this Man in rigour is not truly Mayor nor hath his Jurisdiction before his Oath and Admission nor the other properly Emperour before his Coronation so is not the Heir truly King though his Predecessor be dead and he next in Succession until he is Crown'd or Admitted by the Commonwealth thô for better keeping of Order and avoiding Tumults and Consusion most Commonwealths that have their Princes by Succession have consented that from the Death of the former Frinces all Matters of Government shall pass in the Name of the Successor if his Succession be clear under supposition of the Confirmation and Approbation of the Commonwealth afterwards Now as for the Princes of England it 's expresly noted by English Historians that it only hapned to Henry the Fifth among all his Predecessors to have Homage done unto him before his Coronation and oath taken and that for the exceeding Love and Affection the People had for him Whereof Polydore writeth in these words Polydor. Virgil lib. 22. Prince Henry after he had finisht his Fathers Funeral caused a Parliament to be conven'd at Westminster where whilst Consultation was had according to the ancient Custom of England about Creating a new King behold on a sudden certain of the Nobility of their own free wills began to Swear Obedience and Loyalty to him Which demonstration of love and good will was never shewed to any Prince before until he was declared King. And Stow expresseth the same thing in his Chronicle Stow in the beginning of the Life of Henry the 5th in these words To this Noble Prince by assent of the Realm the Nobles after three days offered to do Fealty before he was Crown'd or had solemniz'd his Oath well and justly to govern the Commonwealth which Offer before was never found to be made to any Prince of England Thus much Stow. In whose Narration as also in that of Polydore it may be noted that King Henry was not called King till after his Coronation thô his Father had been dead almost a Month before As secondly That the Parliament consulted about making a new King according to the Custom of their Ancestors which argueth that he was not yet King thô his Father was dead and that the manner of our Old English Ancestors was not to account him so before his Admission Thirdly That this good Will of the Nobility to acknowledge him for King before his Coronation and Oath solemniz'd truly and justly to govern the Realm was very extraordinary and meer kindness And lastly
be satisfied By all which and by much more that might be alledg's in this matter it is evident that this Agreement Bargain and Contract between the King and his Common wealth at his first Admission is as certain and firm notwithstanding any pretence or interest he hath by Succession as any Contract or Marriage in the World can be which is an act that lively expresseth the other so as we must condemn the Assertions of those Men as absurd base and impious who say That only Succession of Bloor is the thing without further Approbation which makes a King and that the Peoples Consent to him who is next by Birth is nothing at all needful be he what he will and that his Admission or Coronation is only a matter of external Ceremony without any effect for increase or confirmation of his Right having now proved by Examples of our own and neighbouring Nations That all their Kings have been Sworn to the observation of their Laws and Constitutions before their Coronation or Admittance by the Commonwealth I shall proceed to make it appear That Kings in all Christian Kingdoms have been Deposed for breach of the aforesaid Original Contract but with this Protestation before-mentioned that I do not intend any disrespect against the Sacred Authority of Princes and Governours but only to shew that as nothing under God is more honourable prositable or Sovereign than a good prince so nothing is more pestilent or bringeth so great destruction and desolation as an evil one And therefore as the whole Body is of more Authority than the Head and may cure it if discomposed if they infest the rest seeing that a Body Civil may have many heads by Succession and is not always bound to one as a Body Natural is which Body Natural if it had the same ability that when it hath an aking or sickly Head it could cut if off and take another I doubt not but it would do so and that all Men would confess that it had sufficient Authority and Reason to do the same rather than all the other Parts should perish or live in pain and continual torment But yet the matter is much clearer that we have in hand for easing our selves of wicked Princes as I shall now begin to declare First therefore I should alledge some Examples out of Scripture but that some Men may chance to object That those things recorded there of the Jews are not so much to be reputed for acts of the Commonwealth as for particular Ordinations of God himself Which yet is not any thing against me but rather makes much for our purpose by reason the matter is much more authorized hereby seeing whatsoever God did ordain and exercise in his Commonwealth may also be practis'd by others having Gods Authority and Approbation for it Wherefore I shall hasten to Examples nearer home and more proper to the particular purpose we treat of yet I cannot omit noting two or three out of the Bible that do appertain to this purpose also and these are the deprivations of two wicked Kings of Judah Saul and Amon thô both were lawfully placed in that Dignity and the bringing in of David and Josias in their rooms who were the two most excellent Princes that ever that Nation or any other ever had to govern them And first King Saul thô he was chosen by God to that Royal Throne yet he was slain by the Philistins by Gods Order as it was foretold him for his disobedience and not fulfilling the Law and living within the Limits prescribed unto him Amon was lawful King also and that by Natural descent and succession for he was Son and Heir to King Manasses whom he succeeded and yet he was slain by his own People because he walked not in the way prescribed unto him by God And unto these two Kings so deprived God gave two Successors the like whereof are not to be found in the whole Race of Kings for a thousand years together for of Josias it is written He did that which was right in the sight of god neither did he decline to the right hand nor to the left He reigned 32 years and Jeremiah the Prophet who lived in his time loved this good King so extremely as he never ceased to lament his Death As for King David it will be needless to report how excellent a King he was for as many Learned men do note he was a most perfect Pattern for all Kings that should follow in the World not only in matters of Religion Piety and Devotion but also of Chivalry Valour Wisdom and Policy neither is it true which Machiavel and some others of his School affirm for defacing of Christian Vertue That Religion and Piety are often Le ts to politick and wise government and do weaken the high Spirits of magnanimous Men to take in hand great Enterprizes for the Commonwealth This I say is extremely false for Grace doth not destroy or corrupt but perfecteth Nature so as he who by Nature is valiant wife liberal or politick shall be more if he 's also pious and religious Which is evident in King David who notwithstanding all his Piety omitted nothing belonging to the State and Government of a noble wife and politick Prince And now if we leave the Hebrews and come to the Romans we shall find many notable things in that State for our purpose For when Romulus their first King declin'd into Tyranny he was put by by the Senate and in his place was chosen Numa Pompilius a notable Prince who prescrib'd all their order of Religion and manner of Sacrifices imitating therein the Rites and Ceremonies of the Jews as Tertullian and other Fathers do note he began also the building of their Capitol and did other beneficial things for that Commonwealth Again when Tarquinus the Proud their 7th and last King was expell'd for his evil Government we see the success was prosperous for that not only no hurt came thereby to the State but exceeding benefit being their Government and increase of Empire was so prosperous under their Consuls that whereas at the end of their Kingly Government they had but 15 Miles Territory without their City it is well known that when the Consuls Government ended and was changed by Julius Caesar their Territory reached more than 15000 Miles in compass being they had not only Europe under their Dominion but the principal parts of Asia and Africa also so as this Chastisement so justly inflicted on Tarquin was profitable and beneficial to their Commonwealth also Moreover when Julius Caesar had broken all Law both human and divine and taken all Government into his own hands he was as the World knows slain by his Senators in the Senate-House and Octavianus Augustus prefer'd in his room who proved the most famous Emperour that ever was When Nero the 6th Emperour of Rome who succeeded lawfully his Uncle Claudius in the Empire was depos'd and sentenc'd to death by the Senate for his wicked
Government thô Peace ensu'd not presently but that Galba Otho and Vitellius three Captains of the Empire made some little interludes of Tragical killing one another yet within few Months the whole Empire by that means fell into Vespastan and his Son Titus's hand two of the best Governours that ever those times saw The like may be noted of the Noble rank of five excellent Princes viz. Nerva Trajan Adrian Antorinus Pius and Marcus Aurelius who succeeded in the Empire by the just Death of cruel Domitian which Execution its thought the Senate secretly procured not being able to perform it openly by Justice which appears because when the act was done the Senate did presently by publick Decree allow it and disannull'd all his barbarous acts for their exceeding Cruelty and commanded his Arms and Memorials to be taken down every where and chose for his Successor one Cocceius Nerva an Italian a Man of excellent Vertue by whom they not only enjoy'd the most prosperous time of his Government but of all the four who ensued him no less worthy than himself Not long after the Succession of these excellent Emperours there came to the Crown by lawful descent a youth named Antoninus Heliogabalus Son of the Emperour Antoninus Caracalla and Grandchild as was supposed to the famous and noble Emperour Septimius Severus who died in England which Youth as he was highly honour'd for a time upon the account of his worthy Grandfather so after for his own Beastly life he was depriv'd and put to death by the Souldiers at the request and common desire both of the Senate and People who ordained also in his detestation That no Emperour after him should be call'd Antonius This Man being deposed as aforesaid there was prefer'd to the Empire in his room a hopeful young Man of his next Kingdred named Alexander Severus being admitted by common Consent both of Senate and People who prov'd one of the rarest Princes for Valour and Vertue that ever the Roman Empire had so as the excellency of Severus seemed fully to recompence the wickedness of Heliogabalus I may name many other such Examples and among the rest that of Maxentius who being lawfully possess'd of the Empire being Son to Maximinianus the Emperour which Reign'd with Dioclesian yet for his Tyrannical Government that was intolerable it s supposed that the Senate not being able to match him in open strength sent privily into England and France to invite Constantine to come to their relief and so he did and Maxentius being drown'd in the River Tyber Constantine afterwards Sirnam'd the Great succeeded in the Empire who was the Emperour as the World knows who first publickly professed himself a Christian and planted our Faith over all the World. And so I shall end with the Roman Empire Now if we come lower down and nearer home we have yet another Example more remarkable than the rest which is the change of the Empire from the East to the West for the evil Government of Irene and her Son Constantine the 6th who was deposed first and his Eyes put out by his own Mother Irene and the Empire usurp'd by her who not being able to Rule it in such order as was requisite for so great a Monarchy she was deprived thereof by the Sentence of Pope Leo the Third and by Consent of all the People and Senate of Rome Charles King of France and Germany after Sirnamed the Great was Crown'd Emperour of the West which Succession continues as it were to this day and many Worthy men have succeeded therein and insinite acts of Jurisdiction have been exercised by that Authority which were all unjust and Tyrannical if this change of the Empire and deposition of Irene and her Son for their evil Government had not been lawful It were too long to run over all other Kingdoms and therefore I shall only touch some in those Points that are most notorious Now the two famous Changes that have been made in the Royal Line of France the first from the Race of Pharamond and Clodoveus to the Line of Pepin and the second from the Race of Pepin to Hugo Capetus whereon are they founded but upon the Judicial chastisement and deposition of two evil Princes the first of Childeric the third lawful King of France the second of Charles of Lorain who was kept Prisoner during his life in the Castle of Orleance And thus muhc all the French Histories do affirm and do attribute to these Changes the prosperity and greatness of their Kingdom And so much for France where many other Examples might be alledg'd as of King Lewis the Third Sirnamed Fainant and of Charles Sirnamed Le Gross who succeeded him both of them depos'd by the States of France as before I have noted But now if we step over the Pyrenean Mountains and look into Spain where we shall not fail of many Examples to our purpose both before the oppression of that Realm by the Moors and after for before in the year of Christ 630 we read of a lawful King named Flaveo Suintila put down and deprived with his whole Posterity in the fourth Council National of Toledo and one Sissinando confirmed in his place Ambrosio Mora lib. 11. cap. 19. notwithstanding that Suintila was at the beginning of his Reign a very good King and much commended by S. Isidorus Archbishop of Sevil who yet in the said Council was the first Man who subscrib'd to his deprivation After the entrance of the Moors also when Spain was reduc'd again to order and government of the Spanish Kings Garib lib. 13 cap. 15. we read that about the year of Christ 1282. one Don Alonso the 11th of that name King of Castile and Leon succeeded his Father Ferdinand Sirnam'd the Saint and he obtain'd the name of Sabio and Astrologio that is of Wise and so an Astrologer for excelent Learning and peculiar skill in that Art as may appear by the Astronomy Tables that at this day go under his Name which are the most perfect and exact that ever were set forth by Judgment of the Learned This Man for his evil government and especially for Tyranny used towards two Nephews of his was deposed of his Kingdom by a publick Act of Parliament in the Town of Validolid after he had Reigned 30 years and his Son Don Sancho the 4th was Crown'd in his place who for his valiant Acts was Sirnam'd El Bravo and it turn'd to the great commodity of the Commonwealth The same Country of Spain some years after about the year of Christ 1368 Garib lib. 14. cap. 40 41. having to their King one Don Pedro Sirnamed the Cruel who for his injurious Proceedings with his Subjects they deposed and sent for his Bastard Brother out of France and made him King. And thô Edward Sirnamed the Black Prince by order of his Father Edward the 3d of England restored the said Peter again yet it was not durable for that Henry having the favour of