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

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of the King of Tombute did enterprize to attain Soveraignty above them which by violence he effected and left the same to his posterity And because I will not be tedious in running through particulars give you an instance of any one people which hath not divers times received both Prince and Government by absolute constraint Et Phillida solus habito and I will yield to all that you affirm But failing herein you shall be enforced to confess that in many yea in most if not in all Countries the people have received liberty either from the grant or permission of the victorious Prince and not the Prince authority from the vanquished people What helps now do you imagine that the people have assigned to their Prince The first you affirm to be the direction of Laws But it is evident that in the first heroical Ages 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 people were not governed by any positive Law but their Kings did both Judge and Command by their word by their will by their absolute power and as Pomponius saith Omnia manu a regibus gubernabantur Kings governed all things without either restraint or direction but onely of the Law of Nature The first Law was promulged by Moses but this was so long before the Laws of other Nations that Iosephus writeth It was more ancient than their Gods Affirming also that the word Law is not found in Homer or in Orpheus or in any Writer of like antiquity· Of this Law of Nature Homer maketh mention in these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And they who keep the Laws which God hath prescribed And again 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vncivil and unjust is he and wanting private state Who holdeth not all civil War in horror and in hate And of the Justice of Kings he writeth in this manner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 on In which verses Chrysostom affirmeth by the judgment of Alexander that Homer hath delineated the perfect Image of a King but that he maketh mention of any positive Laws I do rather doubt than assuredly deny For Kings in ancient times did give judgment in person not out of any formality in Law but onely according to natural equity Virgil saith Hoc Priami gestamen erat cum jura vocatis Moredaret populis This was the Robe which Priamus did always use to wear When he the People to him call'd their causes for to hear Which he doth also affirm of Aeneas Dido and of Alcestes This like doth Herodotus report of Midas King of Phrygia who consecrated his Tribunal to Apollo and the like also doth Plutarch of divers Kings of Macedonia Philarchus affirmeth in Athenaeus that the Kings of Persia had Palm-trees and Vines of Gold under which they did sit to hear Causes But because it grew both troublesome and tedious for all the People to receive their Right from one man Laws were invented as Cicero saith and Officers also appointed to execute the same Another Original of Laws was thus occasioned When any People were subdued by Arms Laws were laid like Logs upon their necks to keep them in more sure subjection which both because it is not doubtful and to avoid prolixity I will manifest onely by our own example When the Romans had reduced the best part of this Island into the form of a Province as they permitted liberty of Law to no other Country under their obedience so here also they planted the practice of their Laws and for this purpose they sent over many Professors and among others Papinian the most famous both for Knowledge and Integrity of all the Authors of the Civil Law Again when the Saxons had forced this Realm and parted it into seven Kingdoms they erected so many sets of Law of which onely two were of continuance the Mercian Law and the West-Saxon Law After these the Danes became victorious and by these new Lords new Laws were also imposed which bare the name of Dane-law Out of these three Laws partly moderated partly supplied King Edward the Confessor composed that body of Law which afterwards was called St. Edward's Laws Lastly the Normans brought the Land under their power by whom St. Edward's Laws were abrogated and not onely new Laws but new Language brought into use insomuch as all Pleas were formed in French and in the same Tongue Children were taught the principles of Grammar These causes we find of the beginning of Laws but that they were assigned by the people for assistance and direction to their Kings you bring neither Argument nor Authority for proof it is a part of the dross of your own device The second help which you affirm that Commonwealths have assigned to their Kings is by Parliaments and Privy-Councils But Parliaments in all places have been erected by Kings as the Parliament of Paris and of M●ntpellier in France by Philip the Fair the Parliament in England by Henry the First who in the sixteenth year of his Reign called a Councel of all the States of his Realm at Salisbury which our Historiographers do take for the first Parliament in England affirming that the Kings before that time did never call the common People to Councel After this the Privy-Council at the instance of the Archbishop of Canterbury was also established and since that time the Counsellors of State have always been placed by election of the Prince And that it was so likewise in ancient times it appeareth by that which Homer writeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 First he established a Council of honorable old men And likewise by Virgil gaudet regno Trojanus Acestes Indicitque forum patribus dat jura vocatis Acestes of the Trojan Bloud in Kingdom doth delight He sets a Court and Councel calls and gives each man his Right I will pass over your coarse foggy drowsie Conceit that there are few or none simple Monarchies in the world for it would tire a Dog to toyl after your impertinent errours and will now rip up your Packet of Examples whereby you endeavour to shew that the Power of Kings hath been bridled by their Subjects But what do you infer hereby what can you inforce will you rake over all Histories for examples of Rebellion and then argue a facto ad jus that every thing is lawful which you find to have been done Iustinian saith Non exemplis sed legibus judicandum We must judge Facts by Law and not Law by Facts or by Examples which Alciate and Deeiane do term a Golden Law because there is no Action either so impious or absurd which may not be paralleled by Examples Will you prove it lawful to use carnal familiarity with the Sister with the Mother-in-law with the natural Mother You have the example of Cambyses for the first Caracalla for the second Dionysius and Nero for the third The Iews upon whom God had setled his
of God forget to pursue revenge For albeit King Edward his Son enjoyed both a long and prosperous Reign yet his next Successor King Richard the second was in the like violent manner imprisoned deprived and put to death I will prosecute the successive revenge which hereof also ensued being a strange matter and worthy to be rung into the ears of all Ages King Henry the Fourth by whom King Richard was deposed did exercise the chiefest Acts of his Reign in executing those who conspired with him against King Richard His Son had his Vertue well seconded by Felicity during whose Reign by means of the Wars in France the humour against him was otherwise employed and spent but his next Successor King Henry the Sixth was in the very like manner deprived and together with his young Son Edward imprisoned and put to death by King Edward the Fourth This Edward died not without suspicion of poyson and after his death his two Sons were in like manner disinherited imprisoned and murthered by their cruel Unkle the Duke of Gloucester who being both a Tyrant and Usurper was justly encountred and slain by King Henry the Seventh in the field So infallible is the Law of Justice in revenging Cruelties and Wrongs not always observing the presence of times wherein they are done but often calling them into reckoning when the Offenders retain least memory of them Likewise the deposition of King Richard the Second was a tempestuous Rage neither led nor restrained by any Rules of Reason or of State not suddenly raised and at once but by very cunning and artificial degrees But examine his actions without distempred judgment and you will not condemn him to be exceeding either insufficient or evil weigh the Imputations that were objected against him and you shall find nothing either of any truth or of great moment Hollingshead writeth that he was most unthankfully used by his Subjects for although through the frailty of his youth he demeaned himself more dissolutely than was agreeable to the Royalty of his estate yet in no Kings days the Commons were in greater wealth the Nobility more honoured and the Clergy less wronged who notwithstanding in the evil-guided strength of their Will took head against him to their own headlong-destruction afterward partly during the Reign of King Henry his next Successor whose greatest Atchievements were against his own people but more especially in succeeding times when upon occasion of this disorder more English bloud was spent than was in all the forraign Wars which had been since the Conquest Three causes are commonly insinuated by you for which a King may be deposed Tyranny Insufficiency and Impiety But what Prince could hold his State what People their Quiet assured if this your Doctrine should take place How many good Princes doth Envy brand with one of these marks What action of State can be so ordered that either blind Ignorance or set Malice will not easily strain to one of these heads Every execution of Justice every demand of Tribute or Supply shall be claimed Tyranny every infortunate Event shall be exclaimed Insufficiency every kind of Religion shall by them of another Sect be proclaimed Impiety So dangerous it is to permit this high power to a heedless and headless Multitude who measure things not by Reason and Justice but either by Opinion which commonly is partial or else by Report which usually is full of uncertainties and errours the most part doing because others do all easie to become slavish to any mans ambitious attempt So dangerous it is to open our ears to every foolish Phaeton who undertaking to guide the Chariot of the Sun will soon cast the whole Earth into combustion You proceed that King Henry the Sixth was also deposed for defects in Government Let us yield a little to you that you may be deceived a little that you may be carried by your affections How can you excuse these open untruths wherein it cannot be but the Devil hath a finger You cannot be ignorant that the onely cause which drew the Family of York into Arms against King Henry was the Title which they had unto the Crown by vertue whereof it was first enacted That Rich. Duke of York should succeed King Henry after his death but for that he made unseasonable attempts he was declared by Parliament incapable of succession and afterwards slain at the Battel of Wakefield Then Edward his Son prosecuting the enterprize and having vanquished King Henry at the Battle of St. Albans obtained possession of the State caused King Henry to be deposed and himself to be proclaimed and Crowned King Afterward he was chased out of the Realm and by Act of Parliament both deprived and disabled from the Crown Lastly he returned again and deprived King Henry both from Government and from Life It is true that some defects were objected against King Henry but this was to estrange the hearts of the people from him The main cause of the War did proceed from the right of the one party and possession of the other The contrariety of the Acts of Parliament was caused by the alternative Victories of them both Your last example is of King Richard the Third of whom you write First that although he sinned in murthering his Nephews yet after their death he was lawful King Secondly that he was deposed by the Common-wealth who called out of France Henry Earl of Richmond to put him down Philosophers say that dreams do commonly arise by a reflection of the phansie upon some subject whereof we have meditated the day before It may be that your drowsie conceit was here cast into a dream of that whereon it had dozed in all this Chapter Or at the best that you are like unto those who have so often told a lie that they perswade themselves it is ture King Edward the fourth left other children besides those that were murthered the Duke of Clarence also who was elder Brother to King Richard left Issue in life all which had precedence of right before him And as for the second point tell me I pray you by what Parliament was King Richard deposed where did the States assemble when did they send for the Earl of Richmond to put him down by what Decree by what Messengers There is no answer to be made but one and that is to confess ingenuously that you say untrue and that it is your usual manner of deceiving to impute the act of a few unto all and to make every event of Arms to be a judicial proceeding of the Common-wealth For it is manifest that the Earl of Richmond had his first strength from the King of France and that after his descent into England more by half both of the Nobility and common people did stand for King Richard than stir against him You adjoyn for a special consideration that most excellent Princes succeeded these whom you affirm to be deposed I will not extenuate the excellency of any Prince but I
will you say is nature immutable It is in abstracto but it is not in subjecto Or thus In it self it is not changed in us by reason of our imperfections it is Or else more plainly it is not changed but it is transgressed But nature you say is alike to all Not so good sir because all are not apt alike to receive her even as the sun beams do not reflect alike upon a clean and clear glass and upon a glass that is either filthy or course And in many not only men but nations evil custom hath driven nature out of place and setteth up it self in stead of nature Your third conclusion that no particular form of Government is natural doth not find so easie acceptance Your only proof is that if it were otherwise there should be one form of Government in all Nations because God and nature is one to all But this reason I have encountred before and yet you take pains to puff it up with many wast words how the Romans changed Government how in Italy there is a Pope a King and many Dukes how Millaine Burgundie Loraine Bavier Gascoine and Britain the less were changed from Kingdoms to Dukedoms how Germany was once under one King and is now divided among Dukes Earles and other supreme Princes How Castile Aragone Portugall Barcelona and other countries in Spain were first Earldoms then Dukedoms then several Kingdoms and now are united into one how Boeme and Polonia were once Dukedoms and now are Kingdoms how France was first one Kingdom then divided into four and lastly reduced into one How England was first a Monarchy under the Britains then a Province under the Romans after that divided into seven Kingdoms and lastly reduced into one how the People of Israel were first under Patriarcks Abraham Isaac and Iacob then under Captains then under Judges then under high Priests then under Kings and then under Captains and high Priests again I will not follow you in every by way whereinto your errors do lead for who would have adventured to affirm that the Children of Israel were under Abraham and Isaac and that the Britains at the first were under one King whereas Caesar reporteth that he found four Kings in that Country which is now called Kent but I will only insist upon the principal point in regard whereof all this bundel of words is like a blown bladder full of wind but of no weight For first you do but trifle upon tearms in putting a difference between Kings Dukes and Earls which hold their state with Soveraign power We speak not of the names but of the Government of Princes Supreme Rulers may differ in name they may change name also either by long use or upon occasion and yet in Government neither differ nor change Secondly it is a more vain jeast to put a difference in this regard between a great territory and a small If a Kingdom be enlarged or streightned in limits the Government is not thereby changed if many Kingdoms be united into one if one be divided into many the nature of Government is no more altered then is the tenure of land either when partition is made or when many parts accrewe into one The knot of doubt is whether it be not natural that one state be it great or small should rather be commanded by one person howsoever intitled then by many And if we descend into true discourse we shall find that the very sinews of Government do consist in commanding and in obeying But obedience cannot be performed where the commandments are either repugnant or uncertain neither can these inconveniencies be any ways avoided but by union of the Authority which doth command This union is of two sorts first when one commandeth secondly when many do knit in one power and will The first union is natural the second is by means of amity which is the only band of this collective body and the more they are who joyn in Government the less natural is their union and the more subject to dissipation For as Taci●us saith equality and amity are scarce compatible Natural reason teacheth us that all multitude beginneth from one and the ancient Philosophers have held that from unity all things do proceed and are again resolved into the same Of which opinion Laertius reporteth that Museus of Athens was Author who lived long before Homer but afterwards it was renewed by Pythagoras as Plutarch Alexander and Laertius do write who added thereunto that Unity is the original of good and duality of evil And of this opinion Saint Hierome was al●o whose sentence is repeated in the canonical decrees but under the title name of Saint Ambrose Hereupon Homer doth oftentimes call good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 applyeth the terme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to affliction trouble Hereupon Galen also writeth that the best in every kind is one Plato produceth all things from one measureth all things by one and reduceth all things into one The whole world is nothing but a great state a state is no other then a great family and a family no other then a great body As one GOD ruleth the World one master the family as all the members of one body receive both sence and motion from one head which is the seat and tower both of the understanding and of the will so it seemeth no less natural that one state should be governed by one commander The first of these arguments was used by Soliman Lord of the Turks Who having strangled Sultane Mustapha his son because at his return out of Persia he was received by the soldiers with great demonstrations of joy he caused the dead body to be cast forth before the armie and appointed one to cry There is but one God in Heaven and one Sultane upon Earth The second was used by Agesilaus to one that moved the Spartans for a popular government go first said he and stablish a popular Government within your own doors To the third Tacitus did allude when he said The body of one Empire seemeth best to be governed by the soul of one man In the Heavens there is but one Sun which Serinus also applyeth unto Government in affirming that if we set up two Suns we are like to set all in combustion Many sociable creatures have for one company one principal either Governour or guide which all Authors take for a natural Demonstration of the Government of one And if you require herein the testimony of men you shall not find almost any that writeth upon this subject but he doth if not allege yet allow that of Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one Lord one King Plutarch declareth both his own Judgment concerning this point and also the consent of others in affirming that all men did acknowledge that the Government of a King is the most excellent benefit that God hath given unto Men. Callimachus saith that Kings proceed from God Homer
Haro Lord of Biscay to procure him to be advanced to the succession of the Kingdom before his Nephews D. Lope undertook the devise and drawing some other of the Nobility to the party they so wrought with the King that in an Assembly of the States at Segovia Sancho was declared Successor and the Children of Ferdinand appointed to be kept in Prison But Sancho either impatient to linger in expectation or suspitious that his Father grew inclinable towards his Nephews made a League with Mahomed Mir King of Granado a Moor by whose aid and by the Nobility of his Faction he caused himself to be declared King Hereupon Alphonso was enforced to crave assistance of Iacob Aben Ioseph King of Morocco who before had been an Enemy to Alphonso but upon detestation of his unnatural Rebellion he sent Forces to him protesting notwithstanding that so soon as the War should be ended he would become his Enemy again So Alphonso by help partly of the Morocco Moors and partly of his Subjects which remained loyal maintained against his son both his Title and State during his life but not without extremity of bloodshed and opportunity for the Moors being assistant to both parties to make themselves more strong within the Countries of Spain For this cause Alphonso disinherited his son by his Testament and cast a cruel curse upon him and his Posterity and afterward it was ordained in an Assembly of the States holden at Tero that the Children of the elder Brother deceased should be preferred before their Uncle How then will you verifie your two points by this History First that Alphonso was deprived by a publick Act of Parliament Secondly that it turned to the great Commodity of the State It is not a million of Masses that are sufficient to satisfie for all your deceitful and malicious untruths I marvel how the Rebellion of Absolon against King David his Father escaped you Oh it wanted success and you could not easily disguise the Report You write that the Commonwealth of Spain resolving to depose Don Pedro the cruel sent for his Brother Henry out of France and required him to bring a strength of Frenchmen with him But hereby you make it plain that the Commonwealth was not fully agreed The truth is that this was a dangerous division of the State between two Concurrents some holding for Henry and some for Pedro Henry obtained forraign Assistance by the French Pedro by the English In the mean time whilst Peter was thrown out of State by the Forces of France and after that Henry by the Arms of England and again Peter dejected both from dignity and life the poor Country became a Spectacle for one of your Enterludes Your Example of Don Sancho Capello King of Portugal containeth many intollerable untruths for neither was he deprived of his dignity neither did the Pope and Council of Lions give either authority or consent that he should be deprived neither was he driven out of his Realm into Castilla neither died he in banishment neither was Alphonso his Brother King during his li●e These five untruths you huddle into one heap The Council of Lions wholly opposed against the deposing of Don Sancho notwithstanding many disabilities were objected against him in regard whereof they gave direction that Alphonso his Brother should be Regent of the Realm as in that case it is both usual and fit But Sancho taking this to dislike did seek Aid of the King of Castile and in that pursuit ended his life without Issue whereby the right of Succession devolved to Alphonso To your Examples of Greek Emperours I will answer by your words which are That for the most part they came not orderly to the Crown but many times the means thereof were tribulent and seditious The deposing of Henry King of Polonia I acknowledge to be both true and just I have nothing to except against it When the Crown of France did descend unto him he forsook Polonia and refused to return again to that swaggering Government whereupon they did depose him Give us the like case and you shall be allowed the like proceeding but you esteem your Examples by tale and not by touch being not much unlike a certain mad Fellow in Athens who imagined every Ship which was brought into the Haven to be his For whatsoever you find of a King deposed you lay claim unto it as both lawfully done and pertaining to your purpose whereas one of these doth always fail Concerning your two Examples one of Sweden and the other of Denmark I shall have occasion to speak hereafter The Nobility of those Countries pretend that their Kings are not Soveraign but that the power in highest matters of State pertaineth unto them If it be thus the Examples are not appliable to the Question if it be otherwise then the Princes had wrong We are now come to our domestical Examples the first whereof is that of King Iohn who was deposed by the Pope you say at the suit of his own people All this people was the Archbishop of Canterbury the Bishop of London and the Bishop of Ely at whose complaint the Pope did write to Philip King of France that he should expel King Iohn out of his Realm If not Conscience if not ordinary Honesty pure Shame should have drawn you to another form of writing He was also deprived you say afterwards by his Barons H●avy Beast call you this a Deprivation The Commons were never called to consent the Clergy were so opposite to those that stood in Arms against King Iohn that they procured Excommunication against them first ●●●●c●ally then by name lastly Lewes the French Kings son was also included Of the N●b●lity which is onely the third State of the Realm I make no doubt but some reserved themselves to be guided by success others and namely the Earls of Warren Arundel Chester Pembrooke Ferrers Salisbury and divers Barons did openly adhere unto King Iohn You may as well call any other Rebellion a Deprivation as affirm that the rest either did or might deprive him And whereas you bring in King Henry the Third as a most worthy Successor after this Deprivation I will derogate nothing from his worthiness but there was never King in England who without concurrent in the Title of the Crown did draw more bloud out of the sides of his Subjects Your second Example is of King Edward the Second whom many of our Histories report to be of a good and courteous nature and not unlearned imputing his defects rather to Fortune than either to counsel or carriage of his Affairs His Deposition was a violent fury led by a Wife both cruel and unchast and can with no better countenance of right be justified than may his lamentable both indignities and death which thereupon did ensue And although the Nobility by submitting themselves to the government of his Son did break those occasions of Wars which do usually rise upon such Disorders yet did not the hand
the ten Tribes it is said that in the Cities of Iudah Rehoboam did Reign still implying thereby that in the other Cities he reigned before Again they are said to have rebelled against the house of David And lastly Rehoboam raised all the strength of Iudah and Benjamin to bring the Kingdom again unto him Further you write that ten Tribes refused to admit Rehoboam but the Scripture saith that they rebelled What did God only allow hereof after it was done did he only permit the people to do it The Scripture testifieth that it was his Decree that it was his Deed and that he declared his Will by Ahijah the Prophet during the life of Solomon and for his sins But these special Warrants do not constitute a Law they serve onely to make good the particular actions for which they are directed and not to justifie another the like Lastly St. Paul saith that all things hapned to the Jews in figure upon which place divers Expositors have noted that the State of the Jews was a figure of the Church of Christ but that it was an example and patern of all other States that should ensue it shall be ranged among your cast conceits I refer me now to the judgment of any man who taketh not pleasure to beguile himself whether you do not by art and trumpery manifestly abuse us partly by incapacity and partly by deceit either corrupting or confounding whatsoever you take in hand Your humour both discontented and unquiet hath armed your mind with bloudy desires which have edged you on to put fewel to those flames which you should endeavour to quench though it were with your bloud I will not stand upon the particular Examples of Spain as well for that the matter is both tedious and to little purpose as also for that we have small conformity with the Customs of that Nation Onely thus much in general We acknowledge that in ancient times the Kingdom of Spain was Elective and therefore your Examples drawn from thence are nothing pertinent The Examples of latter times are both few and unjust carried onely by Faction and by Force as Garabay testifieth of your Example of Aurelio and as by the Example of D. Sancho el Bravo I have declared before But you account Faction to be the Commonwealth and Violence Justice when it may make to the furtherance of your affairs The History of D. Berenguela I will briefly report rather for the respect which guided the Castilians than that I allow it for Right which they did Henry had two Sisters Donna Blanch the eldest married to Lewes the eighth King of France and Berenguela the youngest married to Alphonso King of Leon. Henry dying without Issue the Castilians feared if they should submit themselves unto Blanch that their State being less than the State of France would be made a Member thereof and governed as a Province and not as a Kingdom And therefore they did rather chuse to profess Allegiance to the Lady Berenguela by which means the Kingdom of Leon was afterwards annexed unto Castile to the great increase both of dignity and assurance to them both I have followed herein your own Authors not being ignorant that others of better name do write that Berenguela was the eldest Sister as I shall have occasion hereafter to declare but for the present let it be as you please and let us weigh our own wisdoms not onely in straining but in forging Titles to incur those mischiefs which the Castilians rejected a lawful Title to avoid And this was also one of the Motives of the Revolt of Portugal which is your last Example although it had also as Garabay writeth a concurrence of Right For Ferdinand King of Portugal by his Procurators the Bishop of Ebora and others did both contract and solemnize espousals with Elianor Daughter of Peter King of Aragon But being entred into War with Henry King of Castile and finding himself at some disadvantage he forsook the King of Aragons Daughter and contracted himself to Elianor Daughter to the King of Castile upon very beneficial Conditions for his State Afterward falling into fancy with one of his Subjects named Elianor Telles de Meneses Wife to a Nobleman called Lorenzo Vasques de Aounna he took her as his Wife and enforced her Husband to avoid the Realm and had by her one onely Daughter named Beatrix who was joyned in marriage to Iohn King of Castile After the death of the King of Portugal her Father the King of Castile in the right of his Wife laid claim to that Realm and was accordingly acknowledged by the chief of the Nobility and Prelates and in particular by D. Iohn Master of Avis her Fathers base Brother who was then the most forward man in her favour But afterwards falling into quarrel and having slain the Count de Oren he stirred the people against the Queen and compelled her to quit the City And after divers Outrages and Murthers committed upon the Bishop of Lisbon an Abbess and many others he was first made Governour of Portugal and then proceeding further in an Assembly of his Party gathered at Coimbra he was made King Garabay writeth that the chiefest objection against Beatrix was because her Mother was not King Ferdinand 's lawful Wife And I believe you also that they had a reflex not to lose the dignity of their Kingdom as now they have done and be made subject to the cruel both Avarice and Ambition of a more potent State An Answer to the eighth Chapter which is entituled Of divers other examples out of the States of France and England for proof that the next in Blood are sometimes put back from Succession and how God hath approved the same with good Success YOur Examples of France to which Nation we are more near both in situation and Laws I will run over with a swift course Of the Change which twice hath hapned in the whole Race of the Kings of France I have spoken before You seem also either to threaten or presage the third Change from the King who now reigneth and other Princes of the House of Bourbon It was your desire you applyed your endeavour with all the power and perswasions you could make You knit divers of the Nobility in a treacherous League against him you incensed the People you drew in Forreign Forces to their assistance by which means the Realm fell daily into change of distresse the men of Arms making all things lawful to their Lust. The Good did fear the Evil expect no place was free either from the rage or suspition of Tumult few to be trusted none assured all things in commixtion the Wisest too weak the Strongest too simple to avoid the Storm which brake upon them the People Joyning to their miserable Condition many Complaints That they had been abused by you in whose Directions they found nothing but Obstinacie and Rashness two dangerous Humours to lead a great
you would not thus openly oppose the setlings of your rotten brain against the express and direct sentence of God What is it a damnable sin to do every man right is it damnable to give Caesar that which is his due to give tribute honour fear to whom they appertain The Apostle saith that Christians by resisting the power of Infidel Rulers do acquire unto themselves damnation and shall we yield credit unto you that Turks Moors Infidels should damnably sin either in admitting or enduring the authority of a Christian Prince How cheap do you value the judgments of men at how low rate do you prize both your conscience and credit I could rise into riot of words upon you were it not that I respect what is seemly rather for me to speak then for you to hear Certainly if we had received no such commandement from God the regard of the quiet of humane societies is sufficient to overwhelm your Heritical Assertion for seeing there are many different professions of Religion not only in the World but almost in every Nation of the World seeing also Cas Philo saith every man either by use or instruction judgeth his own Religion best what surety could any Prince what safety could any people enjoy if your fiery opinion should take place what assurance can there be of Life or of State where the Sword beareth sway upon such occasions and that guided by hands both Tumultuous and fierce And seeing among many Religions there can be but one Truth if all Men should be obstinately bent against the Government of any who in their Judgment is Faulty in Religion what likelihood can we either conceive or conjecture but that many Errors would soon prevail against the only Truth And therefore 't is far more moderate and safe to use the ordinary means both of maintaining and propagating the truth and to commit the success thereof unto God and as Iosephus adviseth not to offer either con●umelie or violence against any Religion lest we provoke thereby the Professors thereof to do the like against ours Your last Reason is drawn from Policy and consideration of State because a King will neither trust nor favour much less advance him that is not of the same Religion with himself but to the contrary he shall be Subject to all molestations injuries and other aversions which are incident to those who are not current with the present course of affairs Oh Sir this is the Helene for which you contend you concur in opinion with those Athenians of whom Alexander demanded divine honours not so obstinately to defend Heaven as to lose the benefit of the Earth This is the mark whereat you aime this is the Compass whereby you sail as divers flowers do open and close according to the Motion of the Sun so according to the variation hereof you extend or restrain your plyant Conscience as you please But the Appostle teacheth us to be obedient to higher Powers for Conscience sake and not for any private respect Besides all Princes are not of that disposition whereof you speak Suidas writeth of one who changeing Religion to please his King was therefore adjudged to lose his head one being appointed to cry at the time of his Execution He that keepeth not Faith with God what sound Conscience can he bear towards Men The Protestants in France are not alltogether cast either out of Favour or out of Charge and many Roman Catholicks in England do enjoy their full part of all the plenty and pleasures that the Realme can afford Lastly what have you to do with Reasons of State This is the Eagles Feather which consumeth your devotion Your Office is to meditate to pray to instruct men in pure Devotion to settle their Souls in Piety and in Peace But do you contain your selves within these limits nothing less You take upon you the Policy of State you rend and deface the reputation of Kings you make your selves both judges and moderators of all their actions allowing them to fly no further then you give them wings You dispose not only their Affairs but their Crowns at your pleasure you hunt them not to Covert but to Death You contrive ways to compass your designs you train up your Followers in the high mistery of Treason you cast into every Realm the Apple of Strife your Doctrine is to no other use but as Drumms Fifes and Trumpets to Incense Fury To these ends you wrest Scriptures you corrupt Histories you counterfeit Reasons you corrupt all Truth pardon my plainness I pray you I have not attended to your dexterity in disguising matters with smooth terms you are obstinate to hazard rather all dangers then to be cut off from one point of your purpose You acknowledge no Religion but your Will no Law but your Power all Lies Treacheries and Frauds do change their Nature and become both lawfull and laudable actions when they bear for the advantage of your affairs But this is directed to devotion you will say and as you terme it ordine ad deum for a holy and Religious end Away then with your devotion and so we shall be rid of your dangerous deceit Away I say with your devotion or else we will conclude of you as Livie did of Anniball Nihil veri nihil sancti nullus deum metus nullum jusjurandum nulla religio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS In. c. 1. tit de success feud In quaest a● rex Franciae recognosca● superiorem In l. nemo D. de leg L. In l. cum praeror non autem D. de Jud● Apud Aristor rhetor 3. ca. 10 Lib 5. In ce●psychore In eju● vita Lib. 3. ca. 2 Ubl. 5. Antiqu. 14. ca. Lib. 1.2 belli Punici Allobroges In Lisandr Michael Riccius Lib 1 d● l' estate de France Cons. 389 lib. 1 Cons. 47 lib 3. In c. 1. tit an mutus vel imperfectus in c. vit Epis. vel ab Lib. 3. D. de interdic rel l. 2. C. de liberi cor lib. l. divi fratres D jur pat● l. quae ritur D. de bo lib. panor cons. 85. lib. 1. Io. Anno. in c. significasti de fo comp In l. vii in si de senat c. lus naturale dist 3. 1.2 q. 94 d. 2 2 Rom. cap. 2. 3 Quod naturalis ratio inter omnes homines constituit id apud omnes peraeque custoditur vocaturque ju● gentium l. ix D. de just jur Just. de rer di●● singulorum In re consensio omnium gentium lex naturae putanda est 1 Thuscul In l. 1. C. de t●stam Socrat. In com ju 6. Ad ephes 4. Tit. C 3. de decret ab ord fac l. 32. de legi Ad Q. fratrem provocandum ad sensus Interiori nesc●o qua conscientia i●●aec se●timus de util cred Omne malum aut timore aut pudore natura perfudit in apol Licet possint negare non possunt tamen non erube●cere 3. de offic 14.