Authority they have great limitation neither can they do any thing of great moment without the consent of certain principal men called Palatines or Castellians neither may their children or next of Bloud succeed except they be chosen as in the Empire Herbert l. 9. Hist Pol. Cromerus l. 3. Hist Polon In Spain France and England the priviledges of Kings are farre more eminent in both these points for that both their Authority is much more absolute and their next in Bloud do ordinarily succeed but yet in different manner for as touching authority it seemeth that the Kings of Spain and France have greater than the King of England for that every ordination of these two Kings is Law in it selfe without further approbation of the Common-wealth which holdeth not in England where no general Law can be made without consent of Parliament but in the other point of Succession it appeareth that the restraint is farre greater in those other two Countries than in England for that in Spain the next in Bloud cannot succeed be he never so lawfully descended but by a new approbation of the Nobility and States of the Realme as it is expresly set down in the two ancient Councels of Tolledo the fourth and fifth Concil blet 4. c. 74. coneil s c. 3. In confirmation whereof we see at this day that the King of Spain's own son cannot succeed nor be called Prince except he be first sworne by the said Nobility and States in token of their new consent and so we have seen it practised in our dayes towards three or four of king Philips children which have succeeded the one after the other in the Title of Princes of Spain and at every change a new Oath required at the Subjects hands for their admission to the said Dignity which is not used in the Kings children of France or England In France the World knoweth how Women are not admitted to succeed in the Crown be they never so near in Bloud neither any of their Issue though it be Male for which cause I doubt not but you remember how King Edward the third of England though he were son and heir unto a daughter of France whose three brethren were kings and left her sole heir to her father king Philip the fourth sirnamed the Fair yet was he put by the Crown Anne 1340. Anil hist Franc. l. 2. Gerard. du Haylan l. 14. hist Franc. as also was the king of Navar at the same time who was son and heir unto this womans eldest brothers daughter named Lewis Huttin king of France which king of Navâ—r thereby seemed also to be before king Edward of England but yet were they both put by it and Philip de Vallois a brothers son of Philip the fair was preferred to it by general decree of the States of France and by verdict of the whole Parliament of Paris gathered about the same affaires Franc. Belfor l. 5. c. 1. Anno 1327. Neither did it avail that the two kings aforesaid alleadged that it was against reason and conscience and custome of all Nations to exclude women from the Succession of the Crown which appertained unto them by propinquity of Bloud seeing both Nature and God hath made them capable of such Succession every where as it appeareth by example of all other Nations and in the old Testament among the people of God it selfe where we see Women have been admitted unto kingdomes by succession but all this I say prevailed not with the French as it did not also since for the admission of Dona Isabella Eugenia Clara Infanta of Spain unto the said Crown of France though by dissent of Bloud there be no question of her next propinquity for that she was the eldest childe of the king's eldest sister The like exclusion was then made against the prince of Lorain though he was a man and nephew to the king for that his Title was by a Woman to wit his mother that was younger sister unto king Henry of France And albeit the Law called Salica by the French-men by vertue whereof they pretend to exclude the Succession of Women be no very ancient Law as the French themselves do confesse and much lesse made by Pharamond their first king or in those ancient times as others without ground do affirme Gerard. du Hail l. 13. hist Fraâ—c Anno 1317. l. 14. Anno 1328 l. 3. de l'Estat defrunce Yet do we see that it is sufficient to binde all Princes and Subjects of that Realme to observe the same and to alter the course of natural Discent and nearnesse of Bloud as we have seen and that the king of Navar and some others of his race by vertue of this onely Law did pretend to be next in Succession to this goodly Crown though in nearnesse of Bloud they were farther off by many degrees from king Henry the third than either the foresaid Infanta of Spain or the prince of Lorain who were children of his own sisters which point yet in England were great disorder and would not be suffered for that our Lawes are otherwise and who made these Lawes but the Common-wealth it selfe By all which we see that divers Kingdomes have divers lawes and customes in the matter of succession and that it is not enough for a man to alleage bare propinquity of blood thereby to prevaile for that he may be excluded or put back by divers other circumstances for sundry other reasons which afterward we shall discusse Yea not onely in this point hath the common-wealth authority to put back the next inheritors upon lawfull considerations but also to dispossesse them that have bin lawfully put in possession if they fulfill not the lawes and conditions by which and for which their dignitie was given them Which point as it cannot serve for wicked men to be troublesome unto their Governours for their own interests or appetites so yet when it is done upon just and urgent causes and by publique authority of the whole body the justice thereof is playne not onely by the grounds and reasons before alleaged but also by those examples of the Romans and Grecians already mentioned who lawfully deposed their Kings upon just considerations and changed also their Monarchie and Kingly Government into other forme of regiment And it might be proved also by examples of all other nations and this perhaps with a circumstance which every man considereth not to wit That God hath wonderfully concurred for the most part with such juditiall acts of the common-Wealth against their evill Princes not onely in prospering the same but by giving them also commonly some notable successor in place of the deposed thereby hath to justify the fact and to remedy the fault of him that went before I am far from the opinion of those people of our dayes or of old who make so little account of their duty towards Princes as be their title what it will yet for every mislike of their owne they are ready to band
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
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
whom they alleadged this reason for their doing in that behalfe as Girard putteth it downe in both his French Chronicles I mean the large and the abbreviation to wit that their oath to Childerie was to honour serve and obey maintaine and defend him against all men as long as he was just religious valiant clement and would resist the enemies of the Crowne punish the wicked and conserve the good and defend the Christian faith And for as much as these promises said they were conditionall they ought not to hold or binde longer then that they were reciprocally observed on both parts which seeing they were not on the part of Childerie they would not be any longer his subject and so desired Zacharias to absolve them from their oaths which he did and by this meanes Childerie was deposed and 〈◊〉 into a Monastery where he dyed and in his place Pepin was chosen and crowned King whose posterity reigned for many years after him and were such noble Kings as all the world can testifie And so continued the race of Pepin in the royall throne for almost two hundred years together untill Hugo Capetus Hug. Cap. per an 988. who was put into the same throne by the same authority of the Commonwealth and Charles of Loraine last of the race of Pepin for the evill satisfaction which the French Nation had of him was put by it and kept prisoner during his life in the Castle of Orleance And thus much doe affirme all the French Histories and doe attribute to these changes the prosperity and greatnesse of their present Kingdome and Monarchy and thus much for France where many other examples might be alleaged as of King Lewis the third sirnamed Faineant For that he was unprofitable and of Charles sirnamed Legros that succeeded him both of them deposed by the States of France and other the like of whom I shall have occasion to speak afterwards to another purpose But now if you please let us step over the Pireny mountains and look into Spayne where there will not faile us also divers examples both before the oppression of that Realme by the Moores as also after Concil Tolet. 4. cap. 4. Ambros morac l. 11. cap. 17. For that before to wit about the yeare of Christ 630. we read of a lawfull King named Flaveo Suintila put downe and deprived both he and his posterity in the fourth Councell Nationall of Toledo and one Sissinando confirmed in his place notwithstanding that Suintila were at the beginning of his reigne a very good King and much commended by Isidorus Archbishop of Sivill Isidor in Hist hispan who yet in the said Councell was the first man that subscribed to his deprivation After the entrance of the Moores also when Spaine was reduced againe to the order and government of Spanish Kings we read Estevan de Garibay l. 13. de la hist de Espa c. 15. that about the yeare of Christ 1282. one Don Alonso the eleventh of that name King of Castile and Leon succeeded his father Fernando sirnamed the Saint and himselfe obtained the sirname of Sabio and Astrologo that is to say of wise and of an Astrologer for his excellent learning and peculiar skill in that Art as may well appeare by the Astronomy tables that at this day goe under his name which are the most perfect and exact that ever were set forth by judgement of the learned This man for his evill government and especially for tyranny used towards two nephews of his as the Spanish Chronicler Garavay writeth was deposed of his Kingdome by a publicke act of Parliament in the Towne of Valiodolid after he had reigned 30. yeares and his owne sonne Don Sancho the fourth was crowned in his place who for his valiant acts was sirnamed â—l bravo and it turned to great commodity of the Commonwealth The same Commonwealth of Spaine some yeares after to wit about the yeare of Christ 1368. having to their King one Don Pedro sirnamed the cruell for his injurious proceeding with his Subjects though otherwise he were lawfully seased also of the Crowne as son and heire to King Don Alonso the twelfth and had reigned among them 18. yeares yet for his evill government they resolved to depose him and so sent for a bastard brother of his named Henry that lived in France requesting him that he would come with some Frenchmen to assist them in that act and take the Crowne upon himselfe Garibay l. 14. c. 40. 41 which he did and by the helpe of the Spaniards and French Souldiers he drave the said Peter out of Spaine and himselfe was crowned And albeit Edward sirnamed the black Prince of England by order of his father King Edward the third restored once againe the said Peter yet was it not durable for that Henry having the favour of the Spaniards returned againe and deprived Peter the second time and slew him in fight hand to hand which made shew of more particular favour of God in this behalfe to Henry and so he remayned King of Spaine as doth also his prâ—geny injoy the same unto this day though by nature he was a bastard that King Peter left two daughters which were led away into England and there married to great Princes And this King Henry so put up in his place was called King Henry the second of this name and proved a most excellent King and for his great nobility in conversation and prowesse in Chivalry was called by Excellency El cavallero the Kingly King and for his exceeding benignity and liberality was sirnamed also El del merceedes which is to say the King that gave many gifts or the liberall franck and bountifull King which was a great change from the other sirnamed cruel that King Peter had before and so you see that alwayes I give you a good King in place of the bad deposed In Portugal also before I goe out of Spaine I will alleage you one example more which is of Don Sancho the second surnamed Capelo fourth King of Portugal lawfull sonne and heir unto Don Alanso surnamed el Gardo who was third King of Portugal This Don Sancho after he had reigned 34. yeares was deprived for his defects in government by the universall consent of all Portugal Garibay lib. 4. de hist Portug c. 19. and this his first deprivation from all kingly rule and authority leaving him only the bare name of King was approved by a generall Councell in Lyons Pope â—nnocentius the fourth being there present who at the Petition and instance of the whole Realme of Portugal by their Embassadors the Archbishop of Braga Bishop of Camibra and divers of the Nobility sent to Lyons for that purpose did authorize the said State of Portugal to put in supream government one Don Alonso brother to the said King Don Sarcho who was at that time Earle of Bullen in Picardy by right of his wife and so the Portugales did and further also a little after they deprived their said King
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
acceptance fel on his knees also to prayer that he might observe his promise and other like Ceremonies saith Stow were used and this was done the 13 of Octob. 1359. and therefore upon good reason might this same Arch-Bishop put him afterward in mind of this his Oath as before I have shewed that he did At the admission also of King Edward the fourth 1 the peoples consent was demanded very solemnly in Iohns field by London the 29 of Febr. in the year 1460 notwithstanding that King Edward had proved his Title by succession before in the Parliament holden at Westminster And now this consent of the people being had or he being thus elected at Stowes words are he went the next day in procession at Paules and offered there and after Te Deum being sung he was with great royalty conveyed to Westminster and their in the hall set in the Kings seate with Edwards scepter in his hand and then the people were asked again if they would have him King and they cryed yea yea And if any would take exception against these of King Henry and King Edward the 4 because they entred and began their Reignes upon the deprivation of other Kings then living that are yet many living in England that have seene the severall Coronations of King Edward the 6 Q. Mary Q Elizabeth K. Iames K. Charles and can witnesse that at all and every of their Coronations the consent of the people and their acceptation of those Princes is not only demanded by the publique cry of a Harold at armes which standeth on both the sides of the high Scaffold or stage whereon the Prince is Crowned and the peoples answer expected till they cry yea yea but also that the said Princes gave there their corporall oath upon the Evangelists unto the Bishop that Crowned them to uphold and maintaine faith aforenamed with the Liberties and Priviledges of the Church as also to governe by justice and law as hath been said which oaths no doubt have been sworn and taken most solemnly by all the Kings and Queenes of England from the dayes of King Edward the Confessor at the least and â—e that will see more points of these oaths set down in particuler let him read Magna Charta and he will be satisfyed By all which and by infinite more that might be said and alleadged in this matter and to this purpose it is most evident that this agreement bargain contract between the King and his Common-wealth at his first admission is as certain and firme notwithstanding any pretence or interest he hath or may have by succession as any contract or marriage in the world can be when it is solemnized by words de praesenti as our law speaketh between parties espoused before by words de futuro which is an act that expresseth this other most lively and consequently I must needs affirme it to be most absurd base and impious That only succession of bloud is the thing without further approbotion which maketh a King and that the peoples consent to him that is next by birth is nothing at all needfull be he what he will and that his admission inunctiâ—n or Coronation is only a matter of externall Ceremony without any effect at all for increase or confirmation of his right these I say are vnlearned fond and wicked assertions in flattery of Princes to the manifest ruine of Common-wealths and perverting of all Law order and reason The sixt Speech COncerning the interest of Princes before their Coronation most of them have not failed to find as shamles flatterers as themselves were either vaine or wicked Princes and for my part I am of opinion that the propositions of Belloy did rather hurt and hinder then profit the Prince for whom and in whose favour he writ them is the King of Navara whom hereby be would have admitted to the Crowne of France without all consent or admission of the Realm But I for my part as I doubt not greatly of his title by propinquity of bloud according to the law Salique so on the other side am I of opinion that these propositions of Belloy in his behalf that he should have entered by only title of birth without condition consent or approbation of the Realm as also without Oath Anointing or Coronation yea of necessity without restraint or obligation to fulfill any law or to observe any priviledges to Church Chapell Cleargy or Nobility or to be checked by the whole Realm if he rule amisse these things I say are rather to torify the people and set them more against his entrance then to advance his title and therefore in my poore judgment it was neither wisely written by the one not politiquely permitted by the other And to the end you may se what reason I have to give this censure I shall here set down his own propositions touching this matter as I find them in his own words First then he avoucheth that all families which enjoy Kingdoms on the world were placed therein by God only aud that he alone can chang the same which if he referr unto Gods universal providence quae attingit à fine vsquae in finem fortiter â—s the Scripture saith and without which a sparrow falleth not to the ground as our Saviour testyfieth Matt. 6. no man will deny but all is from God either by his Ordinance or permission but if we talke as we do of the next and immediate causes of an Empyres Princes and of their changes cleere it is that men also do and may concurre therein and that God hath left them lawfull authority so to do and to despose thereof for the publique benifit as largly before hath been declared and consequently to say that God only doth these things and leaveth nothing to mans judgment therein is against all reason use and experience of the world The second proposition of Belloy is that where such Princes be once placed in Government and the Law of succession by birth established there the Princes children or next of kin do necessarily succeed by only birth without any new choice or approbation of the people Nobility or Clergy or of the whole Common-wealth together Apolog. Cathol part 1. parag 7. And to this assertion he joyneth an other as strange as this which is that a King never dyeth for that whensoever or howsoever he ceaseth by any meanes to Governe then entreth the successor by birth not as heyre to the former but as lawfull governour of the Realm without any admission at all having his authority only by the condition of his birth and not by addoption or choice of any Apolog. pro Rege c. 6. 34. Which two propositions albeit they have been sufficiently refuted by that which hath been spoken in the last two chapters going before yet shall I now again convince more amply the untruth thereof Other two propositions he addeth Apolog. Cathol part 2. parag 7. pro Rege c. 9. That a Prince once entred to
no as before hath been shewed which thing were in vain to ask if he were truly King as Belloy saith before his Coronation Again we see in all the formes and different manners of Coronations that after the Prince hath sworn divers times to govern well and justly then do the subjects take other Oathes of obedience and allegiance and not before which argueth that before they were not bound unto him by allegiance and as for the Princes of England it is expresly noted by English Historiographers in their Coronations how that no aliegeance is due unto them before they be Crowned and that only it happened to Henry the fifth among all other Kings his Predecessour to have this priviledg and this for his exceeding towardlinesse and for the great affection of the people towards him that he had homage done unto him before his Coronation and Oath taken Whereof Polidor writeth in these words Princeps Heuricus facto patris funere concilium principum apud Westomansterium convocandum eurat in quo dum de rege creando more maiorum agitabatur esse tibi contiâ—uo â—aliquot Principes ultro in ejus verba mirare coeperunt quod benevolentiae officium nulli antea priusquam Rex renunciatus esset praestitum constat adeo Henricus ab ineunte aetate spâ—m omnibus optimae indolis fecit Polydâ—r virg lib. 22. histor Angliae in vita Henrici 5. Which in English is this Prince Henry after he had finished his fathers funeralls caused a Parliament to be gathered at Westminster where whilst consultation was had according to the ancient custome of England about creating a new King behold certain of the Nobility of their own free wils began to swear obedience and loyalty unto him which demonstration of love and good will is well known that it was never shewed to any Prince before until he was declared King So great was the hope that men had of the towardlines of this P. Henry even from his tender age and the very same thing expresseth Iohn Stow also in his Chronicle in these words To this noble Prince by assent of the Parliament all the States of the Realm after 3 dayes offered to do fealty before he was Crowned or had solemnized his Oath well and justly to Governe the Common-wealth which offer before was never found to be made to any Prince of England Stow in the begining of the life of K. Henry 5. In whose narration as also in that of Polidor it may be noted that K. Henry the 5. was not called King untill after his Coronation but only Prince though his father King Henry the 4. had been dead now almost a moneth before And secondly that the Parliament consulted de Rege creando more majorum as Polidor his words are that is making of a new King according to the ancient custome of their ancestors which argueth that he was not yet King though his father were dead nor that the manner of our old English ancestors was to account him so before his admission Thirdly that this demonstration of good will of the Nobility to acknowledge him for King before his Coronation and Oath selemuized well and justly to Governe the Realm was very extraordinary and of meere good will And last of all that this was never done to any Prince before K. Henry the 5 all which points do demonstrate that it is the Coronation and admission that maketh a perfect and true King whatsoever the title by succession be otherwise And that except the admission of the Common-wealth be joyned to succession it is not sufficient to make a lawfull King and of the two the second is of far more importance to wit the consent and admission of the Realm then nearnesse of bloud by succession alone This I might prove by many examplâ—s in England it self where admission hath prevailed against right of succession as in Wil. Rufus that succeded the Conquerour and in K. Henry the 1. his brother in K. Stephen K. John and others who by only admission of the Realm were Kings against the order of succession and very specially it may be seene in the two examples before mentioned of the admission of the two Kings Henry and Edward both surnamed the 4. whose entrances to the Crowne if a man do well consider he shall find that both of them founded the best part and most surest of their titles upon the election consent and good will of the people As in their last words to their friends in Sr. Tho. Moore and Stow. Yea both of them at their dying daies having some remorse of conscience as it seemed for they had caused so many men to dye for maintenance of their severall Rights and titles â—ad no better way to appease their own minds but by thinking that they were placed in that roome by the voice of the Realm and consequently might lawfully defend the same and punish such as went about to deprive him You shall find if you looke into the doings of Princes in all ages that such Kings as were most politique and had any lest doubt or suspition of troubles about the title after their deaths have caused their sonnes to be Crowned in their own dayes trusting more to this then to their title by succession thongh they were never so lawfully and lineally discended And of this I could alleadg you many examples out of divers Countries but especially in France since the last line of Capetus came unto that Crown for this did Hugh Capetus himself procure to be done to Robert his Eldest sonne in his owne daies and the like did King Robert procure for his younger son Henry the 1. as Girard holdeth and excluded his elder onely by Crowning Henry in his owne daies Henry also did intreate the States of France to admit and Crown Philip the 1. his eldest son whilst himself reigned An. 1131. and this mans son Luys Le Cros did the same also unto two sons of his first to Philip and after his death to Luys the younger both which were Crowned in their fathers life time and this Luys again the younger which is the seaventh of that name for more assuring of his son named Philip the second intreated the Realm to admit and Crown him also in his own dayes with that great solemnity which in the former chapter hath ben declared And for this very same cause of security it is not to be doubted but that alwaies the Prince of Spaine is sworn and admitted by the Realmâ— during his Fathers reign The same consideration also moved King David 2 Reg. 1. to Crown his son Salomon in his own daies Our King Henry also the 2 of England considering the alteration of that the Realm had made in admitting K. Stephen Polyd. Stow. in vita Henrici 11. before him against the order of lineall succession by propiâ—quity of blood and fearing that the like might happen also after him caused his eldest sonne named likewise Henry to be Crowned in his life time so as
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
the proud their seventh and last King was expelled by the Senate for his cruell government and the whole manner of Government changed Tit. liv li. 1. doc 1. Eutrop l. 1. Wee see the successe was prosperous so that not onely no hurt came thereby to the Commonwealth but exceeding much good their government and increase of Empire was prosperous under their Consulls for many yeares in such sort that whereas at the end of their Kings government they had but fifteen miles territory without their City it is knowne that when their Consulls government ended and was changed by Julius Caesar their territory reached more then fifteen thousand miles in compasse for that they had not only all Europe under their dominion but the principall parts also of Asia and Africa so as this chastisement so justly laid upon their Kings was profitable and beneficiall to their Commonwealth When Julius Caesar upon particular ambition had broken all Law both humane and divine and taken all government into his owne hands alone he was in revenge hereof slaine by Senators in the Senate-house and Octavianus Augustus preferred in his room who proved afterwards the most famous Emperor that ever was I might note here also how Nero sixth Emperour of Rome which succeeded lawfully his Unckle Claudius in the Empire and being afterward deposed sentenced to death by the Senate for his wicked government which was the first judiciall sentence that ever the Senate gave against Emperours albeit peace ensued not presently but that Galba Otho and Vitellius three great Captaines of the Empire made some little enterludes of tragicall killing of one the other Cornel Taâ—it lib. 20 21. Egesp l. 5. yet within few months the whole Empire by that meanes fell upon Vespasian and his son Titus two of the best governours that those times ever saw The like might be noted of the noble ranke of five excellent good Emperors to wit 〈◊〉 Traian Adrian Antonius Pius and Marcus Aurelius that ensued in the Empire by the just death of cruell Domitian Europ in viti Caesa which execution the Senate is thought in secret to have procured being not able to performe it openly by Justice which was seen by that that when the act was done the Senate did presently by publique decree allow of the some and dâ—sanulled all his barbarous acts for his exceeding cruelty and commanded his armes and memories to be pâ—lled downe every where and chose for his successour one Coccâ—nis Norva an italian a man of excellent vertue by whom they enjoyed not only the most prosperous time of his government but of all those other foure before named that ensued him no lesse worthy then himselfe Not long after the succession of these excellent good Emperours that came to the Crown by lawfull discent of blood a youth named Antoâ—inus Heliogtholus son of the Emperour Antoninus Caracalla and nephew to the most famous and noble Emperour Septimius Serverus that dyed in England Which youth as he was greatly loved and honoured a great while for so worthy a grandfather so afterwards for his owne most beastly life and foule actions An. Dom. 124. he was deprived and put to death by the Souldiers of Rome at the request and common desire both of the people and Senate when he had reigned six yeares and yet was but twenty yeares of age when hee was put downe Alius lap in vita Heliog and his death and deprivation was approved by publique act of the Senate who ordained also in his detestation that never Emperor after him should bee called more Antoninus and so it was observed though no other name had ever been more gratefull before to the world for the remembrance of the good Emperors that had been so called This man being chastized as is said there was preferred to the Empire in his room a goodly young man of his next kindred named Alexander Severus son to Mamonea which was sister to Holiogabolus his mother and being admitted by common consent both of the Senate People and Army Herod in vit Seven he proved one of the most rarest Princes for his valour and vertue that ever the Roman Empire hath had so as the worthinesse of Severus seemed to recompence fully the wickednesse of Heliogabolus I might name divers other such examples and among the rest that of Maxentius who being lawfully possessd of the Empire in Rome as it seemed for that he was son to Maxâ—minianus the Emperor that reigned with Dioclesian yet for his tyrannous Government that was intolerable it is supposed that the Senate not being able to match him in open strength sent privily into England and France to invite Constantine to come and do justice upon him and so he did and he being drowned in the river of Tyber Constantine sirnamed afterward the Great succeeded in the Empire and was the man that all men know and the first Emperor that publiquely professed himself a Christian and planted cur faith over all the World and this of the Roman Empire And if we will come lower down and nearer home we have yet another example more remarkable perhaps than all the rest which was the change of the Empire from the East to the West for the evil Government of Constantine the sixth who was deposed first and his eyes put out by his own mother Irene and the Empire usurped by her but being not able to rule it in such order as was needfull for so great a Monarchy though otherwise she were one of the rarest women for valour and wisdome that ever the world had she was deprived thereof by the sentence of Leo the third Pope of Rome and by consent of all the people and Senate of that City and Charles King of France and of Germany surnamed afterward the great was crowned Emperor of the West An. 100. and so hath that succession remained unto this day and many worthy men have succeeded therein and infinite acts of jurisdiction have been exercised by this authority which were all unjust and tyrannicall if this change of the Empire and deposition of Irene and her son for their evill government had not been lawfull It were to long to run over all other Kingdomes yet some I shall touch in such points as are most notorious The two famous changes that have been made of the royall line in France the first from the race of Pharamond and Clodoveus to the line of Pepin and the second from the race of Pepin againe to the line of Hugo Capetus that endureth unto this day Belfor l. 1. Girard l. 3. Aemil. l. Clem. Baudiâ—â—en la chronique des ros de France whereon are they founded but upon the judiciall chastisement and deposition of two cruell Princes the first of Childerie the third lawfull King of France who after ten yeares that he had reigned was deposed by Zachary the Pope at the request of the whole Nobility and Clergy of France or rather his deprivation was by them and confirmed by the Pope to