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A43135 The right of succession asserted against the false reasonings and seditious insinuations of R. Dolman alias Parsons and others by ... Sir John Hayward ... ; dedicated to the King ; and now reprinted for the satisfaction of the zealous promoters of the bill of exclusion. Hayward, John, Sir, 1564?-1627. 1683 (1683) Wing H1233; ESTC R11039 98,336 190

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of God forget to pursue revenge For albeit King Edward his Son enjoyed both a long and prosperous Reign yet his next Successor King Richard the second was in the like violent manner imprisoned deprived and put to death I will prosecute the successive revenge which hereof also ensued being a strange matter and worthy to be rung into the ears of all Ages King Henry the Fourth by whom King Richard was deposed did exercise the chiefest Acts of his Reign in executing those who conspired with him against King Richard His Son had his Vertue well seconded by Felicity during whose Reign by means of the Wars in France the humour against him was otherwise employed and spent but his next Successor King Henry the Sixth was in the very like manner deprived and together with his young Son Edward imprisoned and put to death by King Edward the Fourth This Edward died not without suspicion of poyson and after his death his two Sons were in like manner disinherited imprisoned and murthered by their cruel Unkle the Duke of Gloucester who being both a Tyrant and Usurper was justly encountred and slain by King Henry the Seventh in the field So infallible is the Law of Justice in revenging Cruelties and Wrongs not always observing the presence of times wherein they are done but often calling them into reckoning when the Offenders retain least memory 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 suddenly raised and at once but by very cunning and artificial degrees But examine his actions without distempred judgment and you will not condemn him to be exceeding either insufficient or evil weigh the Imputations that were objected against him and you shall find nothing either of any truth or of great moment Hollingshead writeth that he was most unthankfully used by his Subjects for although through the frailty of his youth he demeaned himself more dissolutely than was agreeable to the Royalty of his estate yet in no Kings days the Commons were in greater wealth the Nobility more honoured and the Clergy less wronged who notwithstanding in the evil-guided strength of their Will took head against him to their own headlong-destruction afterward partly during the Reign of King Henry his next Successor whose greatest Atchievements were against his own people but more especially in succeeding times when upon occasion of this disorder more English bloud was spent than was in all the forraign Wars which had been since the Conquest Three causes are commonly insinuated by you for which a King may be deposed Tyranny Insufficiency and Impiety But what Prince could hold his State what People their Quiet assured if this your Doctrine should take place How many good Princes doth Envy brand with one of these marks What action of State can be so ordered that either blind Ignorance or set Malice will not easily strain to one of these heads Every execution of Justice every demand of Tribute or Supply shall be claimed Tyranny every infortunate Event shall be exclaimed Insufficiency every kind of Religion shall by them of another Sect be proclaimed Impiety So dangerous it is to permit this high power to a heedless and headless Multitude who measure things not by Reason and Justice but either by Opinion which commonly is partial or else by Report which usually is full of uncertainties and errours the most part doing because others do all easie to become slavish to any mans ambitious attempt So dangerous it is to open our ears to every foolish Phaeton who undertaking to guide the Chariot of the Sun will soon cast the whole Earth into combustion You proceed that King Henry the Sixth was also deposed for defects in Government Let us yield a little to you that you may be deceived a little that you may be carried by your affections How can you excuse these open untruths wherein it cannot be but the Devil hath a finger You cannot be ignorant that the onely cause which drew the Family of York into Arms against King Henry was the Title which they had unto the Crown by vertue whereof it was first enacted That Rich. Duke of York should succeed King Henry after his death but for that he made unseasonable attempts he was declared by Parliament incapable of succession and afterwards slain at the Battel of Wakefield Then Edward his Son prosecuting the enterprize and having vanquished King Henry at the Battle of St. Albans obtained possession of the State caused King Henry to be deposed and himself to be proclaimed and Crowned King Afterward he was chased out of the Realm and by Act of Parliament both deprived and disabled from the Crown Lastly he returned again and deprived King Henry both from Government and from Life It is true that some defects were objected against King Henry but this was to estrange the hearts of the people from him The main cause of the War did proceed from the right of the one party and possession of the other The contrariety of the Acts of Parliament was caused by the alternative Victories of them both Your last example is of King Richard the Third of whom you write First that although he sinned in murthering his Nephews yet after their death he was lawful King Secondly that he was deposed by the Common-wealth who called out of France Henry Earl of Richmond to put him down Philosophers say that dreams do commonly arise by a reflection of the phansie upon some subject whereof we have meditated the day before It may be that your drowsie conceit was here cast into a dream of that whereon it had dozed in all this Chapter Or at the best that you are like unto those who have so often told a lie that they perswade themselves it is ture King Edward the fourth left other children besides those that were murthered the Duke of Clarence also who was elder Brother to King Richard left Issue in life all which had precedence of right before him And as for the second point tell me I pray you by what Parliament was King Richard deposed where did the States assemble when did they send for the Earl of Richmond to put him down by what Decree by what Messengers There is no answer to be made but one and that is to confess ingenuously that you say untrue and that it is your usual manner of deceiving to impute the act of a few unto all and to make every event of Arms to be a judicial proceeding of the Common-wealth For it is manifest that the Earl of Richmond had his first strength from the King of France and that after his descent into England more by half both of the Nobility and common people did stand for King Richard than stir against him You adjoyn for a special consideration that most excellent Princes succeeded these whom you affirm to be deposed I will not extenuate the excellency of any Prince but I
ensign of the never-dying Majesty of the Crown In regard of this certain and incontinent succession the Glossographer upon the Decrees noteth That the Son 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 Paenormitane Iason Carol. Ruinus Andreas Iserna Martinus Card. Alexander Albericus Fed. Barbatius Philip Decius and Ant. Corsetta Fra. Luca Matthe Afflict And the same also doth Servius note out of Virgil where he saith of Ascanius Regemque requirunt his Father Aeneas being yet alive But so soon as the King departeth out of life the Royalty is presently transferred to the next Successour according to the Laws and Customs of our Realm All Writs go forth in his Name all course of Justice is exercised all Offices are held by his Authority all States all Persons are bound to bear to him Allegeance not under supposal of approbation when he shall be Crowned according to your dull and drousie conjecture but as being the true Soveraign King of the Realm He that knoweth not this may in regard of the affairs of our State joyn himself to St. Anthony in glorying in his ignorance and professing that he knoweth nothing Queen Mary Reigned three months 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 Queen King Edward the first was in Palestina when his Father died in which his absence the Nobility and Prelates of the Realm assembled at London and did acknowledge him for their King In his return homeward he did homage to the French King for the lands which he held of him in France He also repressed certain Rebels of Gascoine amongst whom Gasco of Bierne appealed to the Court of the King of France where King Edward had Judgment that Gasco had committed Treason and thereupon he was delivered to the pleasure of King Edward And this hapned before his Coronation which was a year and nine months after he began to reign King Henry the sixth was crowned in the eighth year of his Reign and in the mean space not only his Subjects did both profess and bear Allegeance but the King of Scots also did swear Homage unto him What need I give any more either instance or argument in that which is the clear Law the uncontrouled custom of the Realm Against which notwithstanding your weather-beaten forehead doth not blush to oppose a blind Opinion that Heirs apparent are not true Kings although their Titles be just and their predecessors dead This you labour to prove by a few dry conjectures but especially and above all others you say because the Realm is asked three times at every Coronation whether they will have such a man to be their King or no. First we have good reason to require better proof of this question than your bare word Secondly although we admit it to be true yet seeing the answer is not made by the Estates of the Realm assembled in Parliament but by a confused concourse necessary Officers excepted of all sorts both of Age and Sex it is for Ceremony only and not of force either to give or to increase any right Another of your Arguments is for that the Prince doth first swear to Govern well and justly before the Subjects take their Oath of Allegeance which argueth that before they were not bound And further you affirm that it hapned onely to King Henry the fifth among his predecessors to have fealty done unto him before he was crowned and had taken his Oath I confess indeed that Polydore and Stow have written so but you might easily have found that they write not true the one of them being a meer stranger in our State the other a man more to be commended for endeavour than for art King Iohn being in Normandy when his Brother died sent into England Hubert Arch-bishop of Canterbury William Marshal Earl of Strigvile and Geoffry Fitzpeter Lord Chief Justice who assembled the States of the Realm at Northampton and took 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 divers others to swear fealty to Prince Edward his son who being in Palestina when his Father died the Nobility and Prelates of the Realm assembled in the new Temple at London and did acknowledge him for their King And in like manner King Edward the Third took an Oath of all the Nobility of the Realm of faith after his death to Richard Prince of Wales and so did King Henry the first for his Daughter Mawde and her young son Henry After the death of King Henry the Fifth that Subjects did often swear allegeance 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 restrain you it proceeded onely from the force of truth which will manifest it self whatsoever art we use to disguise it For otherwise what Countenance what Conscience had you to affirm that it is expresly noted by our English Historiographers That no Allegeance is due unto Kings before they be crowned Who are these Historiographers Where do they so write You that search every dusty corner of your Brains for a few ragged reasons to uphold your Heresie should not either have mentioned or omitted such pregnant proofs For in that you affirm and do not express them you condemn your self by your own silence If you mean that which you alleadge out of Polydore and Stowe That an Oath of fealty was never made before Coronation until the time of King Henry the Fifth it is neither true nor to any such sence If you mean that of Polydore in terming Henry the Fifth Prince and not King before he was crowned in writing also that the States did consult in Parliament Of creating a new King after the custom of their Ancestors It is a sleepie jeast to strain every word in such an Author to propriety of speech You might better have cited what certain Cities in France not long since alleadged for themselves That because they had not reputed Henry the Fourth for their King because they had not professed Alleageance unto him they were not to be adjudged Rebels Whereupon notwithstanding the chiefest Lawyers of our age did resolve that forasmuch as they were original Subjects even Subjects by birth they were Rebels in bearing Arms against their King although they had never professed alleageance And this is so evidently the Law of the Realm that it is presumption in us both in you to assay by your shallow Sophistry to obscure or impugn in me to endeavour by authorities and arguments to manifest or defend the same But the admission of the people you say hath often prevailed against
right of Succession So have Pyrates against Merchants so have Murtherers and Thieves against true meaning Travellers And this disloyalty of the people hath moved divers Kings to cause their Sons to be crowned during their own lives because the unsetled state of succeeding Kings doth give opportunity to boldest attempts and not as you dream because admission is of more importance than succession I will examine your Examples in the Chapters following In the mean time where you write that King Henry and King Edward both called the Fourth had no better way to appease their minds at the time of their death but by founding their Title upon consent of the people the Authors which you cite do plainly charge you with unexcusable untruth King Edward never made question of his right King Henry did as some other Authors report but applied no such deceitful comfort this false skin would not then serve to cover his wound An Answer to the Seventh Chapter which beareth title How the next in Succession by propinquity of Blood have oftentimes been put back by the Commonwealth and others further off admitted in their places even in those Kingdoms where Succession prevaileth with many Examples of the Kingdom of Israel and Spain HEre you present your self very pensive to your audience as though you had so over-strained your wits with store of Examples of the next in Succession not admitted to the State that you had cracked the credit of them for ever But you are worthy of blame either for endangering or troubling your self in matters of so small advantage I have shewed before that Examples suffice not to make any proof and yet herein doth consist the greatest shew of your strength It is dangerous for men to be governed by Examples though good except they can assure themselves of the same concurrence of reasons not onely in general but in particularities of the same direction also and carriage in Counsel and lastly of the same favourable fortune but in actions which are evil the imitation is commonly worse than the example Your puffie discourse then is a heap of words without any weight you make mountains not for Mole-hills but of Moats long harvest of a small deal not of Corn but of Cockle and as one said at the shearing of Hogs great cry for a little and that not very fine Wool Yea but of necessity something you must say yea but this something is no more than nothing You suppose that either your opinion will be accepted more for authority of your Person than weight of your Proofs or else that any words will slide easily into the minds of those who are lulled in the humour of the same inclination because partiality will not suffer men to discern truth being easily beguiled in things they desire Besides whatsoever countenance you carry that all your Examples are free from exception yet if you had cast out those which are impertinent or unjust or else untrue you could not have been overcharged with the rest Your first example that none of the Children of Saul did succeed him in the Crown is altogether impertinent because by particular and express appointment of God the Kingdom was broken from his posterity We acknowledge that God is the onely superiour Judge of Supream Kings having absolute both Right and Power to dispose and transpose their Estates as he please Neither must we examine his actions by any course of Law because his Will is above all Law He hath enjoyned the people to be obedient to their Kings he hath not made them equal in authority to himself And whereas out of this example you deduce that the fault of the father may prejudicate the sons right although he had no part in the fault to speak moderately of you your judgement is either deceitful or weak God in his high Justice doth punish indeed the sins of Parents upon their Posterity but for the ordinary course of Humane Justice he hath given a Law that the Son shall not bear the iniquity of the Father The equity whereof is regularly followed both by the Civil and Canon Law and by the Interpreters of them both Your second example is of King Solomon who succeeded in the State of David his Father notwithstanding he was his youngest Son But this example in many respects falleth not within the compass of your case First because he was not appointed Successour by the people and we speak what the people may do to direct Succession Secondly for that the Kingdom was not then stablished in Succession Lastly for that the action was led by two Prophets David and Nathan according to the express choise and direction of God whereby it is no rule for ordinary right Here many points do challenge you of indiscretion ●● the least You write that David made a promise to Bathsheba in his youth That Solomon should succeed in his estate but if you had considered at what years Solomon began to Reign you should have found that David could not make any such promise but he must be a youth about threescore years of age You write also that David adored his Son Solomon from his bed but the words wherewith David worshipped were these Blessed be the Lord God of Israel who hath made one to sit on my Throne this day even in my sight whereby it is evident that David adored God and not his Son This I note rather for observation of the loosness of your Judgment than for any thing it maketh to the purpose You are so accustomed to untruths that you fall into them without either advantage or end The like answer may be given to your example of Rehoboam because God declared his sentence therein by two Prophets Ahijah Shemaiah But for that the ten Tribes revolted from Rehoboam upon discontentment at his rough answer and with dispite against David and his House and not in obedience to Gods Decree we cannot excuse them from offence for which it turned to their destruction For hereupon first they were separated both from the place and manner of the true Worship of God then there arose unappeasable War between them and the Tribe of Iudah then insolencies following disorders they were never long time free from Conspiracies Divisions and Tumults by which means being drained both of Wealth and Inhabitants and reduced to a naked weakness they were lastly carried captive into divers far Countries and strangers were sent to inhabit their Cities I must here also observe a few of your interpretations wherein your boldness is not limited with any bounds It is to be noted you say that before Rehoboam went to Shechem to be admitted by the people he was not accounted true King I desire therefore that you would satisfie us in these places following Before Rehoboam went to Shechem the Scripture saith that Solomon died was buried and Rehoboam his Son reigned in his stead Again after the defection of
attempts So dangerous it is upon any pretence to put by the next in Succession to the Crown This Henry the first left but one Daughter and by her a young Son named Henry to whom he appointed the Succession of the Realm and took an Oath of all the Bishops and likewise of the Nobility to remain faithful unto them after his decease Yet you write that because Stephen Son of Adela Sister to King Henry was thought by the States more fit to govern he was by them admitted to the Crown In which assertion you cannot be deceived you do not err but your passion doth pull you from your own Knowledge and Judgement Polydore writeth that he possessed the Kingdom contrary to his Oath for which cause the minds of all men were exceedingly moved some did abhor and detest the impiety others and those very few unmindfull of Perjury did more boldly then honestly allow it and followed his part Further he saith that he was crowned at Westminster in an assembly of those Noble Men who were his Friends Nubrigensis affirmeth that violating his Oath he invaded the Kingdom William Malmesbury who lived in King Stephen's time saith that he was the first of all Lay-men next the King of Scots who had made Oath to the Empresse Maud and that he was Crowned three Bishops being present of whom one was his Brother no Abbot and a very few of the Nobility Henry Huntington who lived also in the same time saith that by force and impudence tempting God he invaded the Crown Afterward he reporteth that being desirous to have his Son Eustace Crowned King with him the Bishops withstood it upon Commandement from the Pope because he took upon him the Kingdom against his Oath Roger Hoveden writeth that he invaded the Crown 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 took upon him the Crown partly upon confidence in the power of Theobald his Brother Earl of Blois and partly by the aid of Henry his other Brother Bishop of Winchester Walsingham adaddeth that Hugh Bigot who had been King Henries Steward took an Oath before the Archbishop of Canterbury that King Henry at his death appointed Stephen to be his Successour Whereupon the Archbishop and a few others were over-lightly led like men blinded with security and of little foresight never considering of dangers until the means of remedy were past You write that they thought they might have done this with a good conscience for the good of the Realm But what good conscience could they have in defiling their faith Such consciences you endeavour to frame in all men to break an oath with as great facility as a Squirrell can crack a Nut. What good also did ensue unto the Realm The Nobility were set into factions the common people into division and disorder and as in Wars 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 ruin thereof the Lives and Goods of Men remaining in continual pillage Polydore saith Matrons were violated Virgins ravished Churches spoiled Towns and Villages rased much Cattle destroyed innumerable Men slain Into this miserable face of extremities the Realm did fall and into the same again you strive to reduce it But you say that for the ending of these Mischiefs the States in a Parliament at Wallingford made an Agreement that Stephen should be King during his life and that Henry and his Off-spring should succeed after his death A man would think you had a mint of Fables there is no History which you handle but you defile it with apish untruths All our Histories agree that King Stephen unable to range things into better form did adopt Henry to be his Successor The second Huntington saith that this agreement was mediated by the Archbishop of Canterbury and the Bishop of Winchester who repented him of the furtherance he gave to the advancement of King Stephen when he saw what Miseries did thereupon ensue The like doth Hoveden report and Holingshead setteth down the form of the Charter of agreement between them whereby it is evident that it was a transaction between them two and no compulsory act or authority of the State I deny not but some Authors affirm that the King assembled the Nobility but neither were they the States of the Realm neither were they assembled to any other end but to swear Fealty unto Henry saving the King's Honour so long as he should live After the death of King Richard the first you affirm that the Succession was again broken for that Iohn Brother to King Richard was admitted by the States and Arthur Duke of Britain Son to Geoffry Elder brother unto Iohn was against the ordinary course of Succession excluded Well Sir I arrest your word remember this I pray you for I will put you in mind thereof in another place That which here you affirm to be against the ordinary course of Succession you bring in another place for proof that the Uncle hath right before the Nephew You do wildy waver in variety of Opinion speaking flat contrary according as the Ague of your passion is either in fit or intermission The History of King Iohn standeth thus King Richard the first dying without issue left behind him a Brother named Iohn and a Nepew called Arthur Son of Geoffry who was Elder Brother unto Iohn This Arthur was appointed by King Richard to succeed in his Estate as Polydore writeth Nubrigensis saith that he should have been established by consent of the Nobility if the Britains had not been so foolishly either suspicious or fond that when King Richard sent for him they refused to commit him into his Uncles hands But after the death of King Richard his Brother Iohn seized upon his Treasure in Normandy came over into England and in an Assembly only of the Nobility was crowned King Of these many he won with such liberal Protestations and Promises as men careless of their word are wont to bestow others were abused by the persuasions of Hubert Archbishop of Canterbury and a few others saith Polydore not well advised Nic. Trivet saith that Iohn pretended for his Title not the election of the People but propinquity of Blood and the testament of King Richard The same also is affirmed by Walsingham And this is the Question between the Uncle and the Nephew of which I shall have occasion to speak hereafter But Polydore saith That divers Noble-men did account this to be a fraudulent Injustice and thereupon did ominate those Evils which afterward did ensue And when the Archbishop was charged That under colour of Reason partly subborned and partly weak he had beene