truly nor the example of one Princes punishment maketh another to beware for the next successour after this noble Edward which was King Richard the second though he were not his son but his sons son to wit son and heire to the excellent and renowned black Prince of Wales this Richard I say forgetting the miserable end of his great Grandfather for evill government as also the felicity and vertue of his Father and Grandfather for the contrary suffered himselfe to be abused and misled by evill councellours to the great hurt and disquietnesse of the Realme For which cause after he had reigned 22. yeares he was deposed by act of Parliament holden in London the yeare of our Lord 1399. and condemned to perpetuall prison in the Castle of Pomfret Polyd. l. 20. hist Aug. 1399. where he was soon after put to death also and used as the other before had been and in this mans place by free election was chosen for King the noble Knight Henry Duke of Lancaster who proved afterwards a notable King and was father to King Henry the fifth sirnamed commonly the Alexander of England for that as Alexander the great conquered the most part of Asia in the space of 9. or 10. yeares so did this Henry conquer France in lesse then the like time I might reckon also this number of Princes deposed for defect in government though otherwise he were no evill man in life this King Henry the fourths nephew I mean King Henry the sixt who after almost forty yeares reigne was deposed imprisoned and put to death Polyd. l. 23. â—istor Anglie together with his sonne the Prince of Wales by Edward the fourth of the house of Yorke and the same was confirmed by the Commons and especially by the people 〈◊〉 London and afterwards also by publicke Act of Parliament in respect not only of the title which King Edward pretended but also and especially for that King Henry did suffer himselfe to bee overruled by the Queen his wife and had broke the articles of agreement made by the Parliament between him and the Duke of Yorke and solemnly sworne on both sides the 8. of Octob. in the yeare 1459. In punishment whereof and of his other negligent and evill government though for his owne particular life he was a good man sentence was given against him partly by force and partly by law and King Edward the fourth was put in his place who was no evill King and all English men well know but one of the renownedst for martiall acts and justice that hath worne the English Crowne But after this man againe there fell another accident much more notorious which was that Richard Duke of Glocester this King Edwards yonger brother did put to death his two nephews this mans children to wit King Edward the fifth and his little brother and made himselfe King and albeit he sinned grievously by taking upon him the. Crown in this wicked manner yet when his nephews were once dead he might in reason seem to be lawfull King both in respect that he was the next male in blood after his said brother as also for that by divers acts of Parliament both before and after the death of those infants his title was authorised and made good and yet no man wil say I think but that he was lawfully also deposed again afterward by the Commonwealth An. 1487. which called out of France Henry Earle of Richmond to chastise him and to put him downe and so he did and tooke from him both life and Kingdome in the field and was King himselfe after him by the name of King Henry the seventh and no man I suppose will say but that he was lawfully King also which yet cannot be except the other might lawfully be deposed I would have you consider in all these mutations what men commonly have succeeded in the places of such as have been deposed as namely in England in the place of those five Kings before named that were deprived to wit John Edward the second Richard the second Henry the sixt and Richard the third there have succeeded the three Henries to wit the third fourth and seventh and two Edwards the third and fourth all most rare and valiant Princes who have done infinit important acts in their Commonwealths and among other have raised many houses to Nobility put downe others changed states both abroad and at home distributed Ecclesiasticall dignities altered the course of discent in the blood Royall and the like all which was unjust is void at this day if the changes and deprivations of the former Princes could not be made and consequently none of these that doe pretend the Crowne of England at this day can have any title at all for that from those men they descend who were put up in place of the deprived And this may be sufficient for proofe of these two principall points that lawfull Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment and that God hath allowed and assisted the same with good successe unto the Weal-publique and if this be so or might be so in Kings lawfully set in possession then much more hath the said Commonwealth power and authority to alter the succession of such as doe but yet pretend to that dignity if there be due reason and causes for the same The fourth Speech TRuly Sir I cannot deny but the examples are many that this Gentleman hath alleaged and they seeme to prove sufficiently that which you affirmed at the beginning to wit that the Princes by you named were deprived and put downe by their Common-wealths for their evill government And good successors commonly raised up in their places and that the Common-wealth had authority also to doe it I doe not greatly doubt at leastwise they did it de facto and now to call these facts in question were to embroyle and turne up-side-down all the States of Christendome as you have well signified but yet for that you have added this word lawfully so many times in the course of your narration I would you tooke the paines to tell us also by what Law they did the same seeing that Belloy whom you have named before and some other of his opinion doe affirme Belloy apolog catholic part 2. paragraf 9. apol pro rege cap. 9. That albeit by nature the Common-wealth have authority over the Prince to chuse and appoint him at the beginning as you have well proved out of Aristotle and other wayes yet having once made him and given up all their authority unto him he is now no more subject to their correction or restraint but remaineth absolute of himselfe without respect to any but onely to God alone which they prove by the example of every particular man that hath authority to make his Master or Prince of his inferiour but not afterwards to put him downe againe or to deprive him of the authority which he gave him though he should not beare himselfe well and
and did drive him out of his Realme into Castilla where he lived all the rest of his life in banishment and dyed in Toledo without ever returning and this Decree of the Councell and Pope at Lyons for authorizing of this fact is yet extant in our Common Law in the sixt Book of Decretalâ— now in print Lib. 6. de cret tit 6. de supplenda cap. Grand 1. And this King Don Alonso the third which in this sort was put up against his brother was peaceably and prosperously King of Portugal all the dayes of his life Garibay in hist de Portug lib. 34. cap. 20. 21. and he was a notable King and among other great exployts he was the first that set Portugal free from all subjection dependence and homage to the Kingdome of Castile which unto his time â—t haâ— acknowledged and he left for his successor his soâ—â— and heire Don Dionysiâ—el Fabricador to wit the great builder for that he builded and founded above forty and foure great towns in Portugal and was a most rare Prince and his off-spring ruleth in Portugal unto this day Infinite other examples could I alleage if I would examine the lives and discents of these and other Kingdoms with their Princes and namely if I would speak of the Greek Emperours deprived for their evill government not so much by popular mutiny which often hapned among them as by consent and grave deliâ—eâ—ation of the whole State and Weal-publick Glicas in Annal. part 4. Zon. Annal. co 3. in vita Michael Calapha as Michael Calaphates for that he had troden the Crosse of Christ under his feet and was otherwise also a wicked man as also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authority and the like whereof I might name many but it would be too long What should I name here the deposition made of Princes in our dayes by other Common-wealths as in Polonia of Henry the third that was King of France and before that had been sworne King of Polonia of which Crowne of Polonia he was deprived by publick act of Parliament for his departing thence without license and not returning at his day by the said State appointed and denounced by publick Letters of peremptory commandement which are yet extant In literis reip Polon ad Henr. Valesium pag. 182. 184. Vide Gagneum part 1. de rebus Polon In Suetia What should I name the deprivations of Henry King of Suetia who being lawfull successor and lawfully in possession after his Father Gustavus was yet put downe by that Common-wealth and deprived and his brother made King in his place who was in England in the beginning of Queen Elizabeths reigne whose sonne reigned King of Polonia Polin 1. 32. Histor de Franc. An. 1568. and this fact was not only allowed of at home by all the States of that countrey but also abroad as namely of Maximilian the Emperor and appointed also by the King of Denmarke and by all the Princes of Germany neer about that Realme who saw the reasonable causes which that Common-wealth had to proceed as it did And a little before that the like was practised also in Denmarke against Cisternus their lawfull King if we respect his discent in blood for he was sonne to King Iohn that reigned afore him and crowned in his fathers life but yet afterwards for his intolerable cruelty he was deprived and driven into banishment together with his wife and three children all which were disinherited and his Vncle Frederick Prince of Holsatia was chosen King whoâ—e Progeny yet remaineth in the Crowne and the other though he were married to the sister of Charles the fifth last Emperour of that name and were of kin also to King Henry the eight in England yet could he never get to be restored â—â—â—pessed his time miserably partly in banishment and partly in prison untill he died Sleydon l. 4. hist An. 1532. Muâ—st lib. 3. Cosmogra in dâ—script Dâ—â—i'e Paulus Iovius in viris illust But it shall be best perhaps to end this narration with example out of England it selfe for that no where 〈◊〉 have I read more markeable accidets touching this point then in England and for brevity sake I shall touch only a few since the Conquest for that I will goe no higher though I might as appereth by the example of King Edâ—in and others neither will I begin to stand much upon the example of King Iohn though well also I might so that by his cruell government he made himselfe both odious at home and contemptâ—ble abroad After him King Henry the third was admitted and he proved a very worthy King after so cruell a one as had gone before him and had been deposed which is a circumstance that you must alwayes note in this narration and hee reigned more yeares then ever King in England did before or after him for he reigned full 53 years and left his son and heire Edward the first not inferiour to himselfe in manhood and vertue who reigned 34. yeares and left a son named Edward the second who falling into the same defects of government or worse then King John his great Grandfather had done was after 1. yeares reigne deposed also by act of Parliament holden at London the yeare 1326. Polyd. l. 18. hist Anglicanae Anno 1326. and his body adjudged to perpetuall prison in which he was at that present in the Castle of Wallingford whither divers both Lords and Knights of the Parliament were sent unto him to denounce the sentence of the Realme against him to wit how they had deprived him and chosen Edward his son in his place Stow in the life of King Edward the 2. for which act of choosing his son he thanked them heartily and with many teares acknowledged his owne unworthinesse whereupon hee was degraded his name of King first taken from him and he appointed to be called Edward of Carnarvan from that houre forward And then his Crowne and ring were taken away and the Steward of his house brake the staffe of his office in his presence and discharged his servants of their service and all other people of their obedience or allegiance toward him and towards his maintenance he had only a 100 marks a year allowed for his expences and then was hee delivered also into the hands of certain particular keepers who led him prisoner from thence by divers other places using him with extreme indignity in the way untill at last they took his life from him in the Castle of Barkley and his son Edward the third reigned in his place who if we respect either valour prowesse length of reigne acts of chevalry or the multitude of famous Princes his children left behind him was one of the noblest Kings that ever England had chosen in the place of a very evill one But what â—hall we say Is this worthinesse which God giveth commonly to the successours at these changes perpetuall or certaine by discent no
had some hope to have her sonne Reigne after David upon a certaine promise that David in his youth had made unto her thereof as also she had in the speciall favour and friendship which Nathan the Prophet and Sadock the Priest who could do much with the ould King David did beare unto her sonne Solomon aboue all the rest of his Bretheren Hereupon I say these two that is to say Queene Bersabee and Nathan the Prophet comming together to the old man as he lay one his bed and putting him in mind of his promise and oath made to Bersabee for the preferment of her Son and shewing besides how that Adonias without his order and consent had gathered an Assembly to make himselfe King even that very day which did put the old King in very great feare and anger and further also telling him which pleased him wel quod oculi totius Israel in eum â—espicerent ut indicaret eis quis sederet in solio suo post ipsum 3. Reg. 1. that is that the eyes of all Israel were upon him to see whom he would commend unto them to sit in his seat after him which was as much to say as that the whole common-wealth referred it to his choise which of his Sonnes should reigne after him Vpon these reasons and perswasions I say the good ould King was content that they should take Solomon out of hand and put him upon the Kings owne mule and carry him about the streets of Ierusalem accompanied with his guard and court and crying with sound of Trumpets Vivat Rex Salomon 3. Reg 1. and that Sadock the Priest should anoint him and after that he should be brought back and placed in the royall Throne in the palace and so indeed he was at what time King David himselfe being not able through impotencie to rise out of his bed did him honour and reverence from the place where he lay for so saith the Scriptures Adoravit Rex in lectulo suo king David adored his Sonne Salomon thus Crowned even from his bed all which no doubt though it may seeme to have been wrought by humane meanes and policy yet must we confesse that it was principally by the speciall instinct of God himselfe as by the sequell and succes we see so that hereby also we are taught that these and like determinations of the people Majestrates and common wealths about admitting or refusing of Princes to Reigne or not to Reigne ever them when their designements are to good ands and for just respects and causes are allowed also by God and oftentimes are his owne speciall drifts and dispositions though they seeme to come from man Whereof no one thing can give a more evident proofe then that which ensued afterward to Prince Roboam the Lawfull Sonne and heire of this King Salamon who after his Fathers death comming to Sichem where all the People of Israel were gathered together for his Coronation and Admission according to his right by succession 3. Reg. 12. For untill that time we see he was not accounted true King though his Father was dead and this is to be noted the people began to purpose unto him certain conditions for taking away of some hard and heavy impositions laid upon them by Salomon his Father an evident president of the oath and conditions that Princes do swear unto in these dayes at their Coronation whereunto when Roboam refused to yeald ten Tribes of the twelve refused to admit him for their King 3. Reg 11. but chose rather one Ieroboam Robohams servant that was a meere stranger and but of poore parentage and made him there lawfull King and God allowed thereof as the Scripture in expresse words doth testifie and when Roboam that tooke himselfe to be openly Injured heereby would by armes have pursued his Title and had gathered together an Army of a hundred and foure-score thousand chosen souldiers as the scripture sayth 5 Rig. 12. and 21. to punish these rebells as he calle them and to reduce these 10. tribes to their due obedience of their naturall Prince God appeared unto one Semejah a holy man and bad him goe to the camp of Roboam and tell them plainly that he would not have them to fight against their Brethren that had chosen another King but that every man should goe home to his house and live quietly vnder the King which each party had and so they did and this was the end of that tumult which God for the sins of Salomon had permitted and allowed of And thus much by the way I thought good to touch on t of holy Scripture concerning the Iewish Common-Wealth even at the begining for that it may give light to all the rest which after I am to treate of for if God permitted and allowed this in his own Common wealth that was to he the example and patern of all others that should ensue no doubt but that he approveth also the same in other Realms when just occasions are offered either for his service the good of the people and Realm or else for punishment of the sinnes and wickednesse of some Princes that the ordinary line of succession be altered Now then to passe on further and to begin with the Kingdoms of Spayne supposing ever this ground of Gods Ordinance first I say that Spayne hath had 3. or 4. races or discents of Kings as France also and England have had and the first race was from the Gotheâ— which began their raigne in Spayne after the expulsion of the Romans about the year of Christ 416. Ambros Moral lib. 11. c. 12 to whom the Spaniard referreth all his old Nobility as the Frenchman doth to the German Franckes and the English to the Saxons which entred France and England in the very same age that the other did Spayne and the race of Gothish Kings indured by the space of 300. yeares untill Spayne was lost unto the Moores The second race is from Don Pelayo that was chosen first King of Asturias and of the Mountain Countrey of Spayne after the distruction thereof by the Moores about the year of Christ 717. Ambros Moral lib. 13. c. 2. which race continued and increased and added â—â—â—gdom unto Kingdom for the space of other 300 years until the year of Christ 1034. Moral lib. 13 c. 42 43 44. when Don Sancho Mayor King of Navarra got unto his power the Earldom also of Aragon and Castiliae and made them Kingdoms and divided them among his Children and to his second sonne named Don Fernando surnamed afterward the great he gave not only the said Earldom of Castilia with title of Kingdom but by marriage also of the sister of Don Dermudo King of Leon and Austâ—rias he joyned all those Kingdoms together that day forward the 3 race of the Kings of Navair to reign in Castel and so indured for 500 years until the year of Christ 1540. when the house of Austira entred to reign there by mariage of the daughter heire Don Ferdinando
that her Mother Lady Elenor was their sister daughter to K. Henry the 2. and K. Iohn made this mariage therby to make peace with the French was content to give for her dowry for that he could not tell how to recover them again all those Townes Countries which the said K. Phil. had taken upon the English by this Kings evill Government in Normandy Gascoyn and moreover promise was made that if P. Henry of Spain that was the only brother to the said Lady Blanch should dye without issue as after he did then this Lady should succeed in the Crown of Spain also but yet afterward the State of Spain would not perform this but rather admitted her younger sister Dona Berenguela maryed to the Prince of Leon and excluded both Blanch her son the King S Luis of France against the evident right of succession propinquity of bloud the only reason they yeelded hereof was not to admit strangers to the Crown as Garabay testifieth This hapned then I do note by the way that this Dona Berenguela second daughter of Q. Elenor the English woman was maried as hath bin said to the Prince of Leon had by him Don Fernando the 3. of that name K of Castilia surnamed also the Saint so as the two daughters of an English Queen had two Kings Saints for their Sons at one time the elder of France the yonger of Spain After this again about 60 yeers the Prince of Spain named Don Alonso surnamed de la cerda for that he was borne with a great gristle haire on his breast called cerda in Spanish which Don Alonso was Nephew â—o the King Fernando the Saint marryed with the daughter of S. Lewis K. of France named also Blancha as her grand mother was had by her two sons called Alonso Hernando de la cerda as the Prince their Father was named which Father of theirs dying before the King the Grand father left them commended to the Realm as lawful heire apparent to the crowne yet for that a certain Uncle of theirs named Don Saâ—cho younger brother to their father which Don Sancho was surnamed afterward el bravâ— for his valour and was a great Warrier and more like to manage wel the matters of war then they he was made heir apparent of Spain add hey putbâ—ck in their Grandfaâ—hers time and by his and the Realms consent their Father as I have said being dead and this was done at a generall Parliament holden at Segovia in the yeer 1276. and after this Don Sancho was made King in the yeer 1284 the two Princes put into prison but afterward at the suit of their Uncle King Philip the 3 of France they were let out again endued with certain lands so they remain unto this day and of these do come the Dukes of Medina Celi all the rest of the houâ—e of Cerda which are of much Nobility in Spain at this time K. Philip that reigneth cometh of Don Sancho the yonger Brother Not long after this again when Don Pedro surnamed the cruel King of Castile was driven cut his bastard brother H 2. set up in his place the Duke of Lancaster John of Gant Gar. l. 15. c. 1. an 1363. having maried Dona Constantia the said King Padroes daughter and heir pretended by succession the saidâ— Crowne of Castile as indeed it appertâ—ined unto him but yet the State of Spain denyed it flatly and defended it by arms they prevailed against John of Gant as did also the race of H the Bâ—stard against his lawfull brother the race of Don Sancho the uncle against his lawfull nephews that of Dona Berenguela against her elder sister all which races do reign unto this day these three changes of the true line hapned within two ages and in the third and principall discent of the Spanish Kings when this matter of suceession was most assuredly perfectly established yet who will deny but that the Kings of Spain who hold by the latter titles at this day be true lawfull Kings Well one example will I give you more out of the kingdom of Portugal so will I make an end with there countries This king Henry the bastard last named 〈◊〉 Spain had a son that succeeded him in the crown of Spain named Iohn the 1 who marryed the daughter heâ—r named Dona Beatrix of k Fernando the 1. of Portugal but yet after the death of the said k. Fernando the States of Portugall would never agree to admit him for their King for not subjecting themselvs by that means to the Castilians for that cause they rather took for their king a bastard brother of the said late k. Don Fernando whose name was Dondulan a youth of 20 yeers old who had bin Master of a military order in Portugal named de Avis so they excluded Dona Beâ—trâ—x Q. of Cast l. that was their lawfull heire chose this young man marryed him afterwards to the Lady Philip daâ—ghter of Iohn of Gaunt D. of Lancaster by hâ—s first wife Blanch Duches heir of Lancaster in whose right the kings of Portugall their discendents do pretend unto this day a certain interest to the house of Lancaster Hereby we see what an ordinary matter in hath been in Spain Portugall to alter the line of next succession upon any reasonable consideration which they imagned to be for their weal publike and the like we shall find in France and England The eighth Speech AS concerning the state of France although since the entrance of their first king Pharaniond with his Franks out of Germany which was about â—he yeere of Christ 419. they have never had any stranger come to wear their crown which they attribute to their law Salike that forbiddeth women to reign ye among themselves have they changed twise their whole race linage of kings once in the entrance of k. Pepin that put out the line of Pharamond about the yeer 751. again in the promotion of k. Hugo Capetus that put out the line of Pepin in the yeer 983. so as they have had 3 discents races of Kings as well as the Spaniards the first of Pharamond the 2. of Pepin and the 3. of Capetus which endureth to this present if it be not altered now by the exclusion that divers pretend to make of the King of Navar and other Princes of the bloud Royall of the house of Burbon I will here set pâ—sse the first rank of all of the French Kings for that some men say perhaps that the common wealth and law of succession was not so well setled in those days as it hath been afterward in time of k. Pepin Charles the great and their discendantaâ— as also for that it were in very deed over edious to examine and peruse all three ranks or kings in France as you will say when you shall see what store I have
to alledge out of the 2. rank only which began with the exclusion and deposition of their lawfull king Childerike the 3. and election of k. Pepin then surnamed le brefe or the little for his small stature though he were a Gyant in deeds being made king of France by meer election in the yeer of Christ 751. after 22 Kings that had reigned of the first line of Pharamond for the space of more then 300 yeers being so famous worthy a King as all the world knoweth reigned 18 yeers and then left his States Kingdoms by succession unto his eldest Son Charles surnamed afterward the Great for his famous heroicall acts And albeit the whole kingdom of France appertained unto him alone by the law of succession his Father being King and hee his eldest Son yet would the Realm of France shew their authority in his admission which Girard setteth down in these words Estant Pepâ—n decede les Francois esleurent Rois Charls Carlomon ses fils ala charge quils partageroient entre eux egalement le royaume Gir. du Haillan l. 3. an 768. which is king Pepin being dead the brench-men chose for their kings his two Sons Charles Carlomon with condition that they should part equally between them the Realm Wherein is to be noted not only the elect on of the Common wealth besiâ—es succession but also the heavy condition laid upon the heyre to part half of his kingdom with his younger brother and the very same words hath Eginard an ancient French Writer in the life of this Charles the Great to wit That the French State in a publike Assembly did chuse two Princes to be their Kings with expresse condition to divide the Realm equally as Francis Belforest citeth his words Eginard Belfor l 2. c. 5. After 3 yeers that these two Brethren had reigned together K. Carlomon the yonger dyed and left many Sons the elder whereof was named Adalgise but Belforest saith That the Lords Ecclesiasticall Temporall of France swore fidelity and obedience to Charles without any respect or regard at all of the childâ—en of Carlomon who yet by right of succession should have been preferred and Paulus Emilius a Latine Writer saith proceres regni ad Carolum ultroven entes regem tum totius Galliae sulutarunt Paâ—l Mil. hist Frâ—nc that is The Nobility of the Realme coming of their own accord unâ—o Charles saluted him k. of all France whereby is shewed that this exclusion of the children of Carlomon was not by force or tyranny but by free deliberaâ—ion of the Realm After Charles the great reigned by succession his only Son Lewis the first surnamed deâ—onnaire of hâ—s courtesie who entring to reigâ— in the yeer 817. with great applause of all men for the exceeding gratefull memory of his father was yet afterward at the purâ—uit principally of his own three sonnes by his first wise which were Lothair Pepin and Lups deposed Girard l. 1 An. 834. first in a chancell at Lions and then again at Compeigne and put into a monastery though afterward he came to reigne againe An 840. and his fourth sonne by hâ—s second wife which sonne was named Charles le châ—une for that he was bald â—ucceeded him in the states of France though after many battells against his brother Lothair to whom by succession the same apperteyned After Charles the bald succeeded Lewis the second surnamed le begue for his stuttering who was not eldest but third Son unto his Father an 878. for the second dyed before his Father the eldest was put by his succesâ—ion for his cruell demeanure this Lewis also was like to have bin deprived by the States at his first entrance for the hatred conceived against hâ—s Father Charles the baâ—d but that he calling a solemn Pâ—rl at Compeigne as Girard saith Gie l. 1. an 879 he made the People Clergy Nobility many fair promises to have their good wils This Lewis the stuttering left two bastard sons by a Concubine who were called Lewis Carlomon as also he left a litle Infant newly born of his lawfull fe Adeltrude daughter to k. Alfred of England which Infant was K. of France afterward by name of Charles the simple albeit not immediatly after the death of his Father for that the Nobles of France said that they that they had need of a man to be King not a child as Girard reporteth therefore the whole State of France chose for their Kings the two foresaid bastards Lewis the 3. Carlomon the first of that name joyntly they were crowned most solemnly divided the whole Relm between them in the yeer of Christ 881. Q. Adeltruds with her child true heir of France fled into England to her Father there brought him up for dâ—vers yeers in which time she saw 4 or 5 Kings Reigne in his place in France one after the other for briefly thus it passed Of these two bastard Kings the elder named Lewis reigned but 4 yeers and dyed without issue the 2d that is Carlomon lived but one yeer after him left a Son called also Lewis the 5. surnamed Faineant for his idle slothfull life an 886. For which as also for his vicious behaviour in perticular for taking out marying a Nun of the Abby of Baudour at Chels by Paris he was deprived made a Monk in the Abbey of S. Denis where he dyed in his place was chosen K. of France and crowned with great solemnity Charles the 4. Emperour of Rome srrnamed le gios for that he was fat corpâ—lent he was Nephew to Charles the bald before mentioned therfore the French stories say that he came to the Crown of France partly by succession partly by election Girard l. 5. an 888. but for succession we see that it was nothing worth for so much as Charles the simple the right heire was alive in England whom it seemeth that the French men had quite forgotten seeing that now they had not only excluded him three times already but afterwards also againe when this grosse Charls was for his cruel government by them deposed deprived not onely of the kingdom of France but also of his Empire which he had before he was King was brought into such miserable penury as divers write that he perished or want this time I say the States of France would not yet admit Charles the simple though hitherto his simplicity did not appear but he seemed a goodly Prince but rather they chose for King one Odo Earl of Paris Duke of Angiers caused him to be crowned But yet after a few yeers being weary of this mans government and moved also somewhat with compassion towards the youth that was in England they resolved to depose Odo and so they did while he was absent in Gascony and called Charls the simple out of England to Paris and restored him to the kingdom of France leaving only to
Odo for recompence the state of Aquitain with Title of a Duke wherwith in fine he contented himself seeing that he could get no more But yet his Posterity by vertue of this election pretended ever after a Title to the Crown of France and never left it of untill at length by Hugo Capetus they got it for Hugh descended of this King and Duke Odo This K. Charls then surnamed the simple and English womans Son being thus admitted to the crown of France he took to wife an English woman named Elgina or Ogin daughter of K. Edward the elder by whom he had a Son named Lewis and himself being a simple man was allured to go to the castle of eron in Picardy where he was made prisoner and forced to resign his kingdom unto Ralph K. of Burgâ—ndy an 927. and soon after he dyed through misery in the same castle his Q. Ogin fled inâ—o England where with her litlâ— son Lewis unto her uncle K. Adelstan as Q. Adeltrude had done before with her son unto K. Alâ—red and one of the chief in this action for putting downe of the simple was Count Hugh surnamed the Great E. of Paris Father unto Hugo Capetus which after was King But this new K Ralph lived but 3 yeers after and then the States of France considering the right title of Lewis the lawfull child of K. Charles the simple which Lewis was commonly called now in France by the name of d'Outremer that is beyond the Sea for that he had been brought up in England the said States being also greatly and continually sollicited hereunto by the Ambassadors of K. Adâ—lston of England and by Wil. Dâ—ke of Normandy surnamed long Speer great Grandfather to Wil. the Conquerour who by the K. of England was gained also to be of the young Princes part for these considerations I say they resolved to call him inte France out of England as his Father had bin before him and to admit crown him King and so they did and he reigned 27 yeers and was a good Prince and dyed peaceably in his bed the yeer of Christ 945. This K. Lewis of d'Outremer left two sons behind him the eldest was called Lothair the 1. who succeeded him in the crown of France and the 2. was named Charles whom he made Duke of Lorrain Luthaire dying left one onely son named Lewis as his Grandfathee was who was named K of France by the name of Lewis the 7. and dying without issue after two yeers that he had reigned the crown was to haye gone by lineall succession unto his Uncle Charles Duke of Lorrain second Son to Lewis d'Oâ—tremer as is evident but the States of France did put him by it for mislike they had of his person and did chuse Hugo Capetus Earl of Paris and so ended the second line of Pepin and of Charles the Great and entree the race of Hugo Capetus which endureth untill this day and the French stories do say that this surname Capet was given to him when he was a boy for that he was wont to snatch away his Fellowes caps from their heads whereof he was termed snaâ—châ—cap which some do interpret to be an abodement that he should snatch also a crown from the true owners head in time as afteward we see it fell out though yet he had it by election and approbation of the Common wealth And in this respect all the French Chroniclers who otherwise are most earnest defenders of their law of suceession do justifie this title of Hugo Capetus against Charls for which cause Frances Belforest doth alleadge the saying of W. Naugus an ancient diligent chronicler of the Abby of S. Denis in France who defendeth K. Capetus in thesâ— words We may not grant in any case that Hugh Capet may be esteemed an invador or usuroer of the crown of France se 〈◊〉 the Lords Prelats Princes Governours of the Realm did cail him to this dignity and chose him for their King and Soveraigne Lord upon which words Belforest saith as followeth I have laid before oon the words and censure of this good religious man for that they seem to me to touch the quick For in very truth we cannot by any other meanes defend the Title of Hugh Capet from usurpation and fellony then to justifie his coming to the crown by the cosent will of the Common wealth and in this I may well excuse me from inconstancy and contradiction to my self that have so earnestly defended succession before for he that will consider how add what conditions I defended that shall easily see also that I am not here contrary to the same I think it not amisse also to put down here some part of the oration or speech which the Ambassador that was sent at that time from the State of France unto Charles of Lorrain after their election of Hugh Capet Charls exclusion did use unto him in their names which Speech Girard doth reconnt in these words Gir. l. 6. an 988. Every man knoweth Lord Charles that the sucaession â—o the crown and realme of France according to the ordinary Lawes and rights of the same belongeth unto you and not unto Hugh Capet now our King but yet the very same laws which do give unto you this right of succession do judg you also unworthy of the same for that you have not endevored hitherto to frame your life and mâ—â—ers according to the prescript of those laws nor according to your use custom of your country of France but rather have allied your self with the German Nation â—ur old enemies and have acquainted your self with their vile base manners wherâ—ore seeing you have forsaken abandoned the ancient vertue sweetnes amity of the French we have also abandoned left you have chosen Hngh Capet for our King have put you back and this without any scruple or prejudice of our consciences at all esteeming it far better more just to live under Hugh Capet the present Possessour of the crown with enjoying the ancient use of our laws customs priviledges liberties then under you the inheritour by neernesse of bloud in oppressing strange customs cruelty For even as those which are to make a voyage in a ship upon a dangerous Sea do not so much respect whether the Pylot which is to guide the stern be owner of the ship or no but rather whether he be skilfull valiant like to bring them in safety to their ways end or to drown them among the waves even so our principall care is that we have a good Prince to lead and guide us happily in this way of civill politike life which is the end why Princes were appointed for that this man is fitter to be our King This message did the States of France send to Charles of Lorrain in defence of their doings with this he lost his succession for ever afterwards his life also in prison the Frenchmen thought
themselves secure in conscience as you see for doing the same which God hath also since seemed to confirm with the succession happy successe of so many noble and most Christian Kings as have issued out of this line of Hugo Capet us unto this day And this spoken now of the second line of France I take to be sufficient for proof of our purpose without going any further for that if we do but number these Kings already named that have reigned in this second race from K. Pepin downwards unto Hugh Capet which are about 17 or 18 Kings in 238 yeeres we shall find that not some few but the most part of them did both enter and enjoy their crowns and dignities contrary to the law of lineall discent and of next succession by bloud Whereof also there would not want divers examples in the third and last discent since Hugo Capitus his time if we would passe further to examine the stories thereof For not to go further down then to the very next discent after Hugh which was K. Robert his Son Girard affirmeth in his story Gir. l. 6 an 1232. that of his two Sons which he had named Robert Henry Robert the elder was put back his younger brother Henry made K. of France reigned many yeers by the name of H. the 1. and this he saith hapned partly for that Robert was but a simple man in respect of Henry and partly also for that H. was greatly favoured and assisted in this pretence by Duke Robert of Normandy Father to our William the conqueror and in recompence hereof this King Henry afterward assisted the said William bastard Son to Robert for the attaining of the Dukedom of Normandy after the death of the said Duke Robert his Father notwithstanding that Duke Robert had two lawfull brothers alive at that time whose names were Manger Archbishop of Rone and William Earl of Argues in Normandy who pretended by successâ—ion to be preferred Gir. l. 6. an 1032. and 1037. But the States of Normandy at the request of Duke Robert when he went to the Holy land in which journey he dyed as also for avoidâ—ng dissention wars that otherwise might ensue were content to exclude the uncles and admit the bastard son who was also assisted by the Forces of the King of France so as no scruple it seemed there was it those days either to prefer K. Hen. to the crown of France before his elder brother or D. William the bastard son to the Duchy of Normandy before his lawfull uncles upon such considerations as those States may be presumed to have had for their doings I read also that some yeers after to wit in the yeâ—r 1â—10 when Philip the 1. of France son and heyr to this K. Henry was deceased the people of France were so offended with his evill life and government as divers were of opinion to dis-inherit his Son Lewis the 6. surnamed le Gros for his sake and so was he like to have been indeed as may appear by the chronicle of France if some of his party had not caused him to be crowned in hast and out of order in Orleans for prevnting the matter The like doth Philip Cominaeus in his story of K. Lewis the 11dâ— clare how that the State of France had once determined to have dis-inherited his Son Charles named after the 8 to puâ— him back from his succession for their hatred to his Father if the said Father had not dred while the other was very young aâ—â— noted before also that it hapned in K. Hen. the 3 of England wâ—o was once condemned by the Barons to be dis-inherited for the fault of K Iohn his Father Lewis the Prof France chosen in his place but that the death of K. Iohn did alter that course intended by the English Nobiâ—ity so as this matâ—er is neither nâ—w nor unaccustomed in all sorraign Countries and now will I passe also a little to our English stories to see whether the like may be found in them or no. And first of all that the Realm of England hath had as great variety changes diversity in the races of their Kings as any one Realm in the world it seemeth evident for that first of all after the Britains it had Romans for their Governours for many yeer then of them their Roman bloud they had Kings againe of their own as appeareth by that valiant King Aurelius Ambrosius who resisted so manfully prudently the Saxons for a time after this they had Kings of the Saxon English bloud after them of the Daâ—es â—hen of â—he Normans and after them again of the French last of all it seemeth to have returned to the Britains again in K. H. 7. for that his Father came of that race and now you know there bee pretenders of divers Nations I mean both of Scottish Spanish and I alian bloud so that England is liâ—e to perticipate with all their neighbors round about them I for my part do feel my self much of the French opinion before alleadged that so the ship be well and happily guided I esteeme it not much important of what race or Nation the Pylot be but now to our purpose I mean to passe over the first and ancient ranks of Kings as well of the Brittish and Roman as also of the Saxon races unâ—ill K. Egbert me 1 of this name King of the West Saxons almost of all the rest of England besides who therefore is said to be â—roperly the first Monarch of the Saxon bloud and he that first of all commanded that Realm to be called England which ever since hath been observed This man Egbert being a young Gentleman of a noble house in the West parts of England was bad in jelousie by his K. Britricus who was the 16. K. from Cordicius first K. of the West Saxons as he was also the last of his bloud And for that he suspected that this Egbert for his great prowess might come in time to be chosen King he banished him into France where he lived divers yeers was a captain under the famous K. Pepin that was Father to Charlâ—s the great hearing afterwards that K. Britricus was dead he returned inâ—o England where Polidâ—o saith omnium confensu rex creatur Pol. hist. aug l. 4. in sine That he was created or chosen King by consent voyce of all men though yet he were not next propinquity of bloud royall as is most evident and yet he proved the most excellent King that ever the Saxons had before or perhaps after his election hapned in the yeer of Christ 802. when K. Pepin the first of that race reigned in France so as this Monarchy of Egbert and that of Pepin began as it were together and both of them came to their crowns by election of the people as here you see This King Egbert or Egbrich as others do write him left a lawfull Son behind him
named Ethelwâ—lfe or Adâ—â—ulte or Edolph an 829. for all is one who succeeded him in the kingdom and was as worthy a man as his Father and this Adeluulfe again had four lawfull Sons who all in their turns succeeded by just and lawfull order in the crown to wit Ethelbald Ethelbert Ethelred and Alfred for that none of the former three had any children and all the latter three were most excellent Princes especially Alfred or Alured the last of all four whose acts are wonderfull an 8â—2 and who among other his renowned Guests drove Rollo that famous Captain of the Danes from the Boâ—ders of England with all his company into France where he got the country or Province named then Neustria and now Normandy and was the first Duke of that Province and Nation and from whom our William Conquerour came afterwards in the 6. discent This man also erected the University of Oxford being very learned himselfe builded divers good Monasteries and Churches dying left as famous a Son behind himself which was Edward the first surnamed the senior or elder Anno 900. This King Edward dying left two Sons lawfully begotten of his wife Edgina the one named Prince Edmund the other Eâ—â—â—ed and a third illegitimate whose name was Adelstan whom he had by a Concubine But yet for that this man was esteemed to be of more valour then the other he was preferred to the crown before the other two Princes legitimate an 924 for so testifieth Poâ—dor in these words Adâ—â—anus ex concubina Edwardi filius rax a populo consalutatur atque ad Kingstonum opidum more majorum ab Athâ—â—lmo cautuariensi Arel lepiscopo corâ—natur Pol. l. 5. hist ang which is Adelstan the Son of K. Edward by a Concubine was made King by the People and was crowned according to the old custome by Athelme Archbishop of Canterbury at the town of Kingston Thus far Polidor and Stow addeth further these words His coronation was celebrated in the Market place upon a stage erected on high that the King might better be seen of the multitude he was a Prince of worthy memory valiant and wise in all his acts and brought this land into one perfect Monarchy for the expelled utterly the Danes and quieted the Welch men Stow p. 136. an 924. Thus much Stow of the snccesse of chusing this King bastard to reign To whose acts might be added that he conquered Scotland and brought Constantine their King to doe him homage and restored Lewis d'Outremer his sisters Son to the Kingdom of France an 940. This man dying without issue his lawfull brother Edmond put back before was admitted to the crown who being of excellent expectation dyed after 6 yeers and left two lawfull sons but yet for that they were young they were both put back by the Realm their uncle Eâ—dred was preferred before them an 946. so saith Palidor Genuâ—t Edmondus ex Egilda uxore Edvinuus Edganum qui cum etate pueri esseâ—â— post Eldredum deinder regnarunt Pol l. 6. King Edmond begat of his wife Egilda two Sons named Edwin and Edgar who for that they were but children in yeers were put back and reigned afterward after their uncle Eldred The like saith Stow and yeeldeth the same reason in these words Eldred succeeded Edmond his bâ—other for that his Sons Edwin and Edgar were thought to young to take so great a charge upon them This Eldred though he entred as you see against the right of the Nephews yet saith Polidor and Stow that he had all mens good will and was crowned as his brother had been at Kingston by Odo Archbishop of Canterbury and reigned 9 yeers with great good will and praise of all men He dyed at last without issue aud so his elder Nephew Edwin was admitted to the crown but yet after 4 yeers he was deposed again for his lewd vicious life and his younger brother Edgar admitted in his place in the yeer of Christ 959. This King Edgar that entred by deposition of his brother was one of the rarest Princes that the world had in his time both for peace and war justice piety and valour Stow saith he kept a Navy of 3000. and 600 ships distributed in divers parts for defence of the Realm Also that he built and restored 47 Monasteries at his own charges and did other many such acts He was Father to King Edward the Martyr and Grandfather to K. Edward the confessor though by two different wives for by his first wife named Egilfred â—hee had Edward after martyrized and by his second wife Alfred he had Etheldred Father to Edw. the confessour and to the end that Etholdred might reign his mother Alfred caused K. Ed. the son of Egilfred to be slain after King Edgar her husband was dead After this so shamefull murther of K. Edw many good men of the Realm were of opinion not to admit the succession of Etheldred his half brother both in respect of the murther of K. Ed. his elder brother committed for his sake as also for that he seemed a man not fit to govern and of his opinion among others was the holy man Dunston Archbishop of Canterbury as Polidor saith Pol. l. 7. hist Ang. who at length in flat words denyed to consecrate him but seeing the most part of the Realm bent on Etheldreds side he foretold them that it would repent them after and that in this mans life the Realm should be destroyed as indeed it was and he ran away to Normondy and left Sweno and his Danes in possession of the Realm though afterward being dead hee returned againe and dyed in London This Etheldred had two wives the first Ethelgina an English woman by whom he had Prince Edward surnamed Iron-side for his great strength and valour who succeeded his Father in the Crown of England for a yeer and at his death left two Sons which after shall be named And besides this Etheldred had by his first wife other two Sons Edwin and Adelston and one Daughter named Edgina all which were either slain by the Danes or dyed without issue The second Wife of Etheldred was called Emma sister to Richard Duke of Noâ—mondy who was Grandfather to William the Conquerour to wit Father to Duke Robert that was Father to William So as Emma was great Aunt to this William and shee bare unto King Atheldred two Sons the first Edward who was afterward named King Edward the Confessor and Alerud who was slain trayterously by the Earl of Kent After the death also of King Etheldred Queen Emma was marryed to the Dane King Canutus the first of that name surnamed the Great that was King of England after Etheldred and Edmond Ironside his Son and to him she bare a Sonne named Hardicanutus who reigned also in England before King Edward the Confessour Now then to come to our purpose hee that will consider the passing of the Crown of England from the death of Edmond Iron-side elder Sonne
pretended that he was chosen before byâ— K. Edw. the Confessour that the Realm had given their consent thereunto that K. E. left the same testified in his last will testament an 1066. and albeit none of our English Authors do avow the same cleerly yet do many other forrain Writers hold it it seemeth very probable that some such thing had past both for that D. William had many in England that did favour his pretence at his entrance as also as Girard in his French story saith that at his first comming to London he punished divers by name for thâ—t they had broken their oaths and promises in that behalf Gir l. 6. â—n 1065. And moreover it appeareth that by alledging this title of election he moved divers Princes abroad to favour him in that action as in a just quarrel which is not like they would have done if he had pretended only a conquest or his title of sanguinity which could bee of no importance in the world for that effect seeing it was no other but that his Grandfather and King Edwards mother were brother and sister which could give him no pretence at all to the succession of the crowne by blood and yet we see that divers Princes did assist him and among others the French chronicles Girard so often named before writeth Chron. Cassin l. â— cap. â—4 that Alexander the second pope of Rome whose holinesse was so much esteemed in those daies as one constanâ—inus After wrote a booke of his miracles being informed by Duke William of the justnesse of his pretence did send him his benediction and a prâ—cious ring of â—od with a hollowed banner by which hee gett the victory thus writeth Girard in his French Chronicles and Antonius Archbishop of Florence surnamed Antoninus â—art 2 Chron. â—it 16. cap. 5. s 1. Sainct writing of this matter in his chronicles speaketh great good of vvilliam conqueror commendeth his enterprise But howsoever this was the victory we see he get and God prospered his pretence and hath confirmed his of-spring in the Crown of England more then 500 yeares together so as now accâ—unting from the death of King Edmond I consider unto this man we shall find as before I have said in lesse then 5â— yeares that 5. or 6 Kings were made in Engâ—and one after another by only authority and approbatiâ—n of the â—ommon wealth contrary to the ordinary course of ineall succession by propinquity of bloâ—d And al this is before the conquest but it we should passe any further down we should find more eâ—amples then before For first the two sonnes of the Conquerour himselfe that succeeded after him to wit William Rufus and Henry the first were they not both younger brothers to Robert Duâ—e of Normandie to whâ—m the most part of the realme was inclined as Polydor saith Polyd. in vita Gul. Conq. to have given the kingdome presently after the Conquerors death as due to him by succession notwithstanding that Wâ—illiam for perticular displeasure against his elder sonne and had ordeinâ—d the contrary in his testament But that Robert being absent in the War of Hierusalem the holy and learned man Lanfranke as he was accompted then Archbishop of Canterbury being deceived with vain hope of William Rufus An. 107 good nature perswaded thâ—m the contrâ—ry who was at that day of high estimation and authority in England and so might induâ—e the realme to do what he liked By like meanes gat Henry his younger brother the same crown afterwards to wit by fair prâ—mises to the peopâ—e and by help principally of Henry Newborow â—arle of Warwick that dealth with the nobility for him and Maurice Bishop of London with the cleargie for that Ansâ—lme Arch bishop of Canâ—erbury was in baâ—nishment Besides this also it did greatly helpe his cause that his elder brother Robert to whom the Crowne by reign appetteined was absent again this second time in the vvarre of Ierusalem and so lost thereby his Kingdome as before Henry having no ther title in the world unto it but by election and admission of the people which yet he so desended afterwards against his said brother Robert that came to claim it by the sword and God did so prosper him theâ— rein as he took his said elder brother prisoner and so kept him for many yeares untill he died in prison most pitifully But this King Henry dying left daughter behind him named Mawde or Mathilde which being married first to the Emperour Henry the fist he dyed witâ—out issue and then was shee married againe the second time to Geffry Pantageâ—t 〈◊〉 of Earle of Anjow in France to whom she bare a sonne named Henry which this King Henry his grand father caused to be declared for heire apparent to the Crowne in his daies buâ— yet after his disceasse for that Stephen Earl of Bollogne born of Adela daughter to William the Conquerour was thought by the state of England to be more 〈◊〉 to governe and to defend the land for that he was at mans age then was Prince Henry a child or Maâ—de â—is mother he was admitted and Henry put backe and this chiefly at the perswasion of Henry Bishâ—p of Wincheâ—â—er brother to the said Stephen as also by the sollicitation of the Abbot of Glastâ—nbury and â—thers who thought be like they might do the same with good conscience for the good of the realm though the evenâ— proved not so well for that it drew all England into factions and divisions for avoyding and ending whereof the states â—â—me years after in a Parliament at vval ingford made a agreement that Stephen should be lawfull King during his life only and that Henry and his of-spring should succeed him and that prince vvilliam King Stephens sonne should be deprived of his succession to the crowne and made onely Earle of Norfolke thus did the statâ— dispose of the crown at that time which was in the yeare of Christ 1153. To â—his Henry succeded by order his oldest sonne then living named Richard and surnamed Cordelton for his Valour but after him againe his succession was broken For that Iohn King Henries youngest sonne 〈◊〉 youuger brother to Richard whom his father the King had left so unprovided as in jest he was calâ—ed by the French Iean sens terre as if you wouâ—d say Sir Iohn lacke-land this man I say was after the death of his brother admitted and crowned by the states of England and Arthur Duke of Brittaine sonne and heir to Geffry that was elder brother to Iohn was against the order of succession excluded â—nd albeit this Arthur did seeke to remedy the matter by warr yet it seemed that God did more defend this election of the Common wealth then the right title of Arthur by succession for that Arthur was over-come and taâ—en by King Iohn though he had the King of Francâ— on his side anb he died pitifully in prison or rather as most authors do hoâ—d he was put to death by King Iohn
his uncles own hands in the castle of Roan thereby to make the titlâ— of his succession more cleare which yet could not be for that as well Stow in his chtonicle as also Matthew of vvestminster and others before him do write that Geffry beside 〈◊〉 sonne left two daughters by the Lady Constance his wife Countesse and heâ—r of Britâ—ain which by the law of England should have succeeded before Iohn but of this small accompt seemed to be made at that day Some yeares after when the Barons and states of England miâ—liked utterly the government and proceeding of this King Iohn they rejected him againe and chose Lewis the Prince of France to be theiâ— King 3216 and did swear feaâ—ty to him in London as before hath bin said and they depâ—iâ—â—ed also the young prince Henry his sonne that was at that time but of 8 years old but upon the death of his father King Iohn that shorty â—fter insued they recalled againe that sentence and admitted this Henry to the Crown by the name of King Henry the third and disanulled the a leageance made unto Lewis Prince of France and so king Henry raigned for tâ—e 53 yeares afterward the â—ongest reign as I think that any before or after â—im hath had in England Moreover you â—now from this king Henry the third dâ— take thâ—ir first beginning the two branches at Yorke and Lâ—ncastee wihch after feâ—â— to fo great contention about the crown Into which if we would enter we should see plainely as before hath beene noted that the best of all their titles after their deposition of king Richard the second depended of this authority of thâ— comâ—on-wealth fot that as the people were affected and the greater part prevailed â—o â—ere their titles either a lowed confirmed altered or disanulled by Parliament yet may not we well affirm but that either part when they were in possession and confirmed herein by these Parliaments were lawfuâ—l kings and that God concurred with them as with true princes for government of the people for if we should deny this point great incouveniences wouâ—d oâ—ow and we should shake the states of most princes in the world at this day And to concâ—ude as one the one side proâ—inquity of bâ—ood is a great â—reheminence towards the atteining of any Crowne so doth it not ever bind the common weaâ—th to yeeld there-unto if weightier reasons shauld urge them to the contrary neither is the Common-wealth bound bound alwayes to shut her eyes and to admit at â—p-hazard or of necessity every one that is next by succession of bâ—oud as some faâ—seâ—y and fondly aâ—â—meth but rather she is bound to consider well and maturely the person that iâ— to enter whether he be â—ike to perform his duty and charge committeed or no for thâ—t otherwise to admitt him that is an enimy or unfitis but to destroy the Common wealth and him tâ—gether This is my opinion aud this seemeth to me to be conform to al reason awâ— religion pâ—ery wisdome poâ—â—icy and to the use aud customs of all well governed common-weaâ—thes in the world neither do I meane to prejudice any any princes pretence or succession to any crown or dignity in the world but rather do hold that he ought to enjoy his preheminence but yet that he 〈◊〉 not prâ—judicall thereby to the whole body which is ever 〈◊〉 be respected more then any one person whatsoever The ninth Speech ACcording to law both civill and Canon which is great reason it is a matter most certaine that he who is judge and hath to give sentence in the thing it selfe is also to judge of the cause for thereof is he called judge and if he have authority in the one good reason he should also have power to discerne the other so as if we grant according to the forme and proofes that the Realme or Common-wealth hath power to admit or put back the Prince or pretender to the Crowne then must we also confesse that the same Common wealth hath authority to judge of the lawfulnesse of the causes and considering further that it is in their owne affaire and in a matter that hath his whole beginning continuance and subsistance from them alone I meane from the Common wealth for that no man is King or Prince by institution of nature as before hath been declared but every King and Kings son hath his dignity and preheminence above other men by authority onely of the Common wealth God doth allow for a just and sufficient cause in this behalfe the onely will and judgement of the weal publick it selfe supposing alwayes as in reason we may that a whole Realme will never agree by orderly way of judgement for of this onely I meane and not of any particular faction of private men against the heyre apparent to exclude or put back the next heyr in blood and succession without a reasonable cause in their sight and censurre And seeing that they only are to be judges of this case we are to presume that what they determine is just and lawfull for the time and if at one time they should determine one thing and the contrary at another as they did often in England during the contention between York and Lancaster and in other like occasions what can a private man judge otherwise but that they had different reasons and motions to leade them at different times and they being properly lords and owners of the whole busines committed unto them it is enough for every particular man to subject himselfe to that which his Common wealth doth in this behalfe and to obey simply without any further inquisition except he should see that open injustice were done therin or God manifesty offended and the Realme indangered Open injustice I call when not the true Common wealth but some faction of wicked men should offer to determine this matter without lawfull authority of the Realme committed to them and I call manifest offence of God and danger of the Realme when such a man is preferred to the Crowne as is evident that he wil do what lyeth in him to the prejudice of them both I mean both of Gods glory and the publick wealth as for example if a Turk or Moor or some other notorious wicked man or tyrant should be offered by succession or otherwise to governe among Christians in which cases every man no doubt is bound to resist what hee can for that the very end and intent for which all government was first ordeined is herein manifestly impugned From this consideration of the weal publick are to be reduced all other considerations of most importance for discerning a good or evill Prince For that whosoever is most likely to defend preserve and benefit most his Realme and subjects he is most to be allowed and desired as most conforme to the end for which government was ordained And on the contrary side he that is least like to do this deserveth least to be preferred and here doth
England had two K. Henries living at one time with equall authority and this was done in the 16. year of his Reign and in the year of our Lord 1170 but his device had no good successe for that K. Henry the younger made war soone after upon K. Henry the elder and had both the Kings of France and Scotland and many Nobles of England and Normandy to take his part for which cause it is thought that this thing hath never been put in practise again since that time in England but yet hereby it is evident what the opinion of the world was in those daies of the force of Coronation and admission of the Common-wealth and how little propinquity of bloud prevaileth without that The Seaventh Speech I Should begin with the Grecian Kings it were infinite that might be alleadged and perhaps some man would say they were over old and far fetched examples and cannot be presidents to us in these ages and if I lay before you the examples of Roman Kings and Emperours put in and out against the Law aed Rights of succession the same men perhaps will answer that it was by force and injury of mutinons souldiers whereunto that Common-wealth was greatly subject And if I shâ—uld bring forth any presidents and examples of holy Scripturs some other might chance to reply that this was by particuler priviledge wherein God Almighty would deale and dispose of things against the ordinary course of mans law as best liked himselfe whose will is more then Law and whose actions are right it selfe for that he is Lord of all and to be limitted by no rule or law of man but yet that this is not properly the Act of a Common-Welth Thus I say it may be that some man would reply and therefore having store enough of plain and evident matter which hath no exception for that it hath happened in setled Common-Wealths and those near home where the law of succession is received and established to wit in Spayne France and England I shall retyre my selfe to them alone but yet putting you in mind before I passe any further that it is a matter much to be marked how God dealt in this point with the people of Israel at the begining 1. Règ. 8. after he had granted to them that they should have the same government of Kings that other Nations round about them had whose Kings did ordinarily reigne by succession as ours do at this day and as all the Kings of the Jewes did afterwards and yet this notwithstanding God at the beginning at the very entrance of their first Kings would shew plainly that this Law of succeeding of the one the other by birth and propinquity of blood though for the most part it should prevaile yet that it was not so precisely necessary but that upon just causes it might be altered For proofe whereof we are to consider that albeit he made Saul a true and lawfull King over the Iewes and consequent also gave him all Kingly priviledges benefits and prerogatives belonging to that degree and state whereof one principal as you know is to have his Children succeed after him in the Crowne yet after his death God suffered not any one of his generation to succeed him though he left behinde him many Children and among others Isboseth a Prince of 40. Yeares of age 2. Reg. 1. and 21. whom Abner the generall captain of that nation with eleaven tribes followed for a time as their lawfull Lord and master by succession untill God cheked them for it and induced them to reiect him though heire apparent by discent and to cleave to David newly elected King who was a stranger by Birth and no King at all to the King deceased And if you say here that this was for the sinne of Saul whom God had reiected I do confesse it but yet this is nothing against our purpose for that we pretend not that a Prince that is next in blood can iustly be put back except it be for his own defects or those of his ancestors And more over I would have you consider that by this it is evident that the fault of the father may prejudicate the sonnes right to the Crowne albeit the sonne hath no part in the fault as we may see in this example not only of Ishboseth that was punished and deprived for the offence of Saul his Father notwithstanding he had been proclaimed King as hath been said but also of Ionathus Saules other sonne who so good a man and so much praised in holy Scripture and yet he being slaine in Warr and leaving a sonne named Mephiboseth he was put back also 2. Reg. 5. though by nearenesse of blood he had great interest in the succession and much before David But David being placed in the Crowne by election free consent and admission of the people of Israell as the Scripture plainly testifieth though by motion and direction of God himself we must confesse 2. Reg. 2 and 5. and no man I think will deny but that he had given unto him therewith all Kingly priviledges prehemiences and regaliâ—ies even in the highest degree as was conveniene to such a state and among other the Scripture expresly nameth that in particuler it was assured him by God that his seed should reigne after him yea and that for eveâ— Psal 131. 2. Paral. 6. but yet we do not find this to be performed to any of his elder sonnes as by order of succession it should seeme to appertain no nor to any of their of spring or discents but only to Solomon which was his younger and tenth sonne and the fourth only by Barsabe True it is that the Scripture recounteth how Adonias Davids elder sonne that was of rare beauty a very goodly young Prince seeing his Father now very ould and impotent and to lie on his death bed and himselfe heire apparent by antiquitie of blood after the death of Absalon his elder brother that was slain before he had determined to have proclaimed himselfe heir apparent in Ierusalem before his Father died 1. Reg. 1. and for that purpose had ordained a great assembly and banquet had called unto it both the high priest Abiather and diverse of the Cleargie as also the generall Captaine of all the army of Israell named Ioah with other of the Nobillity and with them all the rest of his bretheren that were sonnes to King David saving only Solomon togeather with many other Princes and great men both spirituall and temporall of that estate and had prepared for them a great feast meaning that very day to proclaime himselfe heire apparent to the Crowne and to be Crowned as indeed by succession of blood it appertained unto him and this he attempted so much the rather by councell of his friends for that he saw the King his Father very ould and impotent and ready to die and had taken no order at all for his successor and moreover Adonias had understood how that Bersabe Solomons Mother
of King Etheldred untill the possession thereof gotten by William Duke of Normandy to wit for the space of 50 yeers shall easily see what Authority the Common-wealth hath in such Affaires to alâ—er Titles of Snccession according as publique necessity or utility shall require for thus briefly the matter passed King Eâ—â—ldred seeing himself to weak for Sweno the King of Danes that was entred the Land fled with his wife Emma and her two children Edward and Alerud unto her brother Duke Richard of Normandy and there remained untill the death of Sweno And he being dead Etheldred returned into England made a certain agreement and division of the Realme between him and Canutus the Son of Sweno and so dyed leaving his eldest sonne Edmond Iron-side to succeed him who soone after dying also left the whole Realm to the said Canutus and that by plain covenant as Canutus pretended that the longest liver should have all Whereupon the said Canutus took the two children of King Edmond Iron-side named Edmond and Edward and sent them over into Swethland which at that time was also subject unto him And caused them to be brought up honourably of which two the elder named Edmond dyed without issue but Edward was marryed and had divers children Ethâ—ldred and his Son Edmond being dead Canutus the Dane was admitted for King of England by the whole Parlâ—ament and consent of the Realm anno 1018. and crowned by Alerud Archbishop of Canterbury as Polidor saith and he proved an excellent King and went to Rome and was allowed by that See also He did many works of charity shewed himself a good Christian and very loving and kind to Englishmen marryed Queene Emma an English woman and mother to King Edward the Confessour and had by her a Son named Hardicanutus and so dyed and was much mourned by the English after he had reigned twenty yeers though his entrance and title was partly by force and partly by election as you have heard After this Canutus the first surnamed the Great for that he was King joyntly both of England Norway and Denmark was dead Polidor saith that all the States of the Realm met together at Oxford â—o consult whom they should make King and at last by the more part of voyces was chose Harald the first Sonne of Canutus by a Concubine King Harald the Bastatd 1038. Polid. l. 8. Hist Ang. By which election we see injury was done to the line all succession of three parties First to the Sons of king Edmond Iron-side that were in Swethland Then to the Princes Edward and Ajerud sons to king Etheldred and brothers to Iron-side that were in Normondy And thirdly to Hardie mutus son to Canutus by his lawfull wife Emma to whom it was also assured at her marriage that her issue should succeed if she had any by Canutus After the death of this Harald who dyed in Oxford where he was elected within 3 yeers after his election there came from Denmark Hardicanutus to claim the crown that his Father Brother had possessed before him of whose coming Polidor saith libentissimis animis accipitur communiqve omnium consensu rex dicitur an 1041. He was received with great good will of all and by common content made King this was done by the States without any respect had of the succession of those Princes in Normondy Swethland who by birth were before him as hath been shewed this is the second breach after lineal discent after Elthred But this Hardicanutus being dead also upon the sudden 〈◊〉 a certaine banket in Lambeth by London without issue within two yeers after his Coronation the states of the Relm had deâ—ermined to chuse Aludred for their king who was yonger bâ—other to Edw. for that cause sent for him out of Normondy as polid recounteth had made him K. without all doubt for that he was esteemed more stirring valiant then his elder brother Edw. had not E. Goodwin of Kent fearing the youngmans stomack raised a strong faction against him thereupon also caused him to be trayâ—eronsly murthered as he passed through Kent towards London nor had the State here in any respect to Antiquity of bloud for that before Alured were both 〈◊〉 own elder brother P. Ed. who after him was chosen King and before them both were Edm Edw. the children of their elder brother Edmond Iron 〈◊〉 and this the third breach of lineall discent But this notwithstanding Alerud being slain P. Edw. was made King tanta publica lat tia saith Polidor vt certatim pro ejus faelici principatu cuncti vota facerent that is he was made King with such universall joy contentment of all men as every man contended who should pray and make most vows to God for his happy reign and according to this was the successe for he was a most excellent Prince and almost miraculously he reigned with great peace void of all war at home abroad for the space of almost 20 yeers after so infinit broyls as had beene before him ensued after him yet his title by succession cannot be justified as you see for that his eldest brothers Son was then alive to wit Prince Edw. surnamed the outlaw who in this Kings reign came into England brought his wife three lawfull children with him to wit Edgar Margaret and Christian but yet was not this good K. Edw. so scrupulous as to give over his kingdome to any of them or to doubt of the right of his own title which he had by election of the Common-wealth against the order of succession This K. Edward being dead without issue Polidor saith that the States made a great consultation whom they should make King first of all it seemeth they excluded him that was only next by propinquity in bloud which was Edgar Aledin son to the said Prince Edw. the outlaw now departed and Nephew to K. Edmond I tonside the reason of this exclusion is alleadged by Pol. l. 8. in these words is puer id aetatis nondum regno gubernando maturus erat that is he beinâ— a child of so small yeers was not ripe enough to govern the kingdom and then he saith that Harald son of Earl Goodwin by a daughter of Canutus the first proclaymed himself King an 10â—â— morover he addeth Nond spt cuit omninoid factum populo qui plurimum spei in Haraldi virtue habehat itaque more majorum sacratus est which is this fact of Harald displeased not at all the people of England for that they had great hope in the vertue of this Harald so was he annoinâ—ed crowned according to the fashion of the ancient Kings of England by which words we may see that Harald had also the approbation of the Realm to be King notwithstanding that little Edgar was present as hath been said so as this was the 4. breach of succession at this time But in the mean space William Duke of Normandy