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
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
in respect that he was next Mále after his Brother as also because his Title was authoriz'd and made good by many Acts of Parliament both before and after the deaths of those Infants and yet I think no man will say but that Henry of Richmond had very good reason to come out of France being Called and Invited by the People of England to revenge the Cruelties and Arbitrary things done by Richard the 3d and that this undertaking was no less successful than generous and obtain'd the Crown for his pains after that Richard had died in the Field and became King by the name of Henry the 7th and no man I suppose will deny him to have been a true and lawful King. And moreover as I said before I would have you consider in all these mutations what Kings always succeeded in the places of such as have been depos'd as namely in England in the place of those Five Kings before-mentioned viz. John Edward the 2d Richard the 2d Henry the 6th and Richard the 3d there have succeeded three Henries the 3d 4th and 7th and 2 Edwards the 3d and 4th some of them most rare and valiant Princes who have done many important Acts in their Commonwealth and among others have raised many Houses to the Nobility put down others changed States both abroad and at home distributed Ecclesiastical Dignities altered the course of Descent in the Royal Blood and the like all which was unjust and is void at this day if the Changes and Deprivations of the former Princes were not lawful and consequently King James the 6th of Scotland nor any of his Descendents had Title to this Crown because they descend from those Kings who were elected in place of the deprived And this I take to be a sufficient proof That lawful Kings have many times been lawfully deposed by the States of the Kingdom for Misgovernment Now I suppose it will be readily granted That this ample Authority has been actually exercised by the aforesaid Commonwealths against their evil Princes but yet many perhaps will ask Quo jure by what Law or Right I answer By all Laws both Divine and Human Divine by that Form of Government which every Kingdom doth chuse unto it self as also the Conditions Statutes and Limitations which it shall appoint to their Princes as largely before hath been declared And by Human Law also being all Law both Natural National and Positive declares That Princes are obliged to govern by Law and Order For if they should be bound to no Rules of Justice but must be obeyed be their Commands never so illegal and wicked then is the end of all Royal Government and Authority utterly defeated and useless then may we submit to all the Injustice and Arbitrary Commands that can be given to publick Murderers Ravishers Thieves and Spoilers to devour us for such indeed are they who follow no Law but Passion and Sensuality committing Injustice by their publick Authority And finally which is the chiefest Reason of all and the very ground and foundation of all Kingly Authority among Christians the Power and Authority which the Prince hath from the Commonwealth is not absolute but a Power delegate or Power of Trust delegated by Commission from the People which is given with such Restrictions Limitations and Conditions even with such plain Promises and Oaths of both parties I mean between the King and Peoâ—le at the day of Admission or Coronation as if the same be not kept but wilfully broken on either part then is the other not bound to observe his Promise tho' never so solemnly made or sworn for that in all Bargains Agreements and Contracts where each part is mutually and reciprocally bound to the other by Oath Vow or Condition there if one party break his Promise the other is not obliged to perform And this is so evident by all Law both of Nature and Nations and so conformable to all Reason and Equity that it 's inserted among the very Rules of both the Civil and Law of Nations where it 's said Frustra fidem sibi quis postulat servari ab co cui fidem à se praestitam servare recusat He doth in vain require a Promise to be kept to him by another to whom he refuseth to perform that which himself promised And again Non astringitur quis Jaramento adimplendum quod juravit si ab alia parte non impletur cujus respectu praebuit Juramentum A man is not bound to perform that which by Oath he promised if on the other part that be not performed in respect whereof his Oath was made As for Example if two should swear to assist each other upon the way in all respects and after falling upon Enemies who were Relations of Friends to one of them and he should take their part against his Companion its clear that the other was not bound to keep his Oath to that Man that had so wickedly broken his to him Nay not only in this case that is so evident by Nature it self but in many others also it is both lawful honest and convenient to leave sometimes the performance of our Oath when by fulfilling it there would accrue any notable Inconveniences against Religion Piety Justice Honesty or the weal-publick or against the party himself to whom it was made As if one had sworn to restore a Sword to a mad or furious Man wherewith it were likely he would destroy himself or others and such like cases which Cicero sets down in his first Book of Offices and deduces them from the very ground of Nature and Reason it self and says that it were against the duty of a good or honest Man it such cases to perform his Promise Our Divines also do alledge the Example of Herod who had sworn to the Daughter of Herodias to give her what she demanded who demanded the Head of S. John Baptist thô Herod was sorry for it yet saith the Text For his Oaths sake he commanded it to be performed which yet no man will deny but that it had been far better left unperformed according to the Rule of Law In malis promissis fidem non expedit-observare It is not expedient to keep our Oath when unlawfully made And in the second Part of the Decretal there 's alledged this Sentence out of Isidorus and establish'd for Law In malis promissis rescinde fidem in turpi voto muta decretum impia enim promissio quae scelere impletur In evil Promises perform not your word in an unlawful Vow or Oath change your determination for its an impious Promise that cannot be fulfill'd but with Wickedness So as nothing is more largely handled both in the Civil and Canon Law than this matter of Promises how and when and in what case they hold or bind and when not All which to apply to our matter of Kings We are to understand that two evident Cases are touched here when a Subjects Oath or Promise of Obedience may be left