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A91487 Severall speeches delivered at a conference concerning the power of Parliament, to proeeed [sic] against their King for misgovernment. In which is stated: I. That government by blood is not by law of nature, or divine, but only by humane and positive laws of every particular common-wealth, and may upon just causes be altered. II. The particular forme of monarchies and kingdomes, and the different laws whereby they are to be obtained, holden and governed ... III. The great reverence and respect due to kings, ... IV. The lawfulnesse of proceeding against princes: ... V. The coronation of princes, ... VI. What is due to onely succession by birth, and what interest or right an heire apparent hath to the crown, ... VII. How the next in succession by propinquity of blood, have often times been put back by the common-wealth, ... VIII. Divers other examples out of the states of France and England, for proofe that the next in blood are sometimes put back from succession, ... IX. What are the principall points which a common-wealth ought to respect in admitting or excluding their king, wherein is handled largely also of the diversity of religions, and other such causes. Parsons, Robert, 1546-1610, attributed name. 1648 (1648) Wing P573; Thomason E521_1; ESTC R203152 104,974 80

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came to the reading of the Epistle the said Lord Arch Bishop turning about to Philip the Prince that was there present declared unto him what was the Catholick Faith and asked him whether he did believe it and whether he would defend it against all persons whatsoever who affirming that he would his Oath was brought unto him whereunto he must sweare which he took and read with a loud voice and signed it with his own hand and the words of the Oath were these I● Phillippe parle grace de Lieu prochain d●estre ordounè Roy de France promets au jour de mon sacrè devant Dieu ses sanctes c. That is in English for I will not repeate all the Oath in French seeing it is somwhat long The Oath of the King of France I Philip by the grace of God neere to be ordained King of France do promise in this day of my annointing before Almighty God and all his Saints that I will conserve unto you that are Ecclesiasticall Prelates all canonicall priviledges and all Law and Iustice due unto every one of y●u and I will defend you by the helpe of God so much as shall lye in my power and as every King ought to do and as by right and equity he is bound to defend every Bishop and Church to him committed within his Realme and furthermore I shall administer Justice unto all people given me in charge and shall preserve unto them the defence of Lawes and eqnity appertaining unto them so far forth as shall lye in my authority so God shall helpe me and his holy Evangel●sts This oath was read by the King holding his handes between the hands of the Arch-Bishop of Rhemes and the Bishop of Syon and Bisanson legats of the Pope standing by with a very great number of other Bishops of the realme and the said Arc-Bishop taking the Crosse of Rimigius in his hands he shewed first unto all the audience the anc●ent authority which the Archbishops of Rhems had even from the time of Remigius that baptized there first Christian King Clodoveus to annoint and Crown the Kings of France which he said was confirmed unto them by priviledge of the Pope Hotmisday that lived in the yeare of Christ 516. Belfor l. 3. cap. 20. and after also by Pope Victor and this being done he then by licence first asked of King Henry the Father there present did chuse Philip for King Il esleut le dit Philippe son sils en pour Roy de France which is word for word the Arch-Bishop chose the said Philip King Henries Sonne in and for King of France which the legates of the Pope presently confirmed and all the Bishops Abbots and Clergy with the Nobility and people in their order did the like crying out three times in these words Nous le apprououns nous le v●ulons soit fait nostre Roy that is we approve his election we will have him let him be made our King and presently was song Te Deum laudamus in the quyar and the rest of the Ceremonies of annointing and Coronation were done according to the ancient order of this solemnity used in the time of King Philips predecessors Kings of France Thus far do French stories recount the old and ancient manner of annointing and Crowning their Kings of France which had endured as I have said for almost 600. yeares that is to say from Clodoueus unto King Philip the first who was crowned in France 7. yeares before our William Conqueror who also was present at this Coronation and had the third place among the temporall Princes as Duke of Normandy entred into England but after this time the manner and Ceremonies was somwhat altered and made more majesticall in outward show and this especially by King Lewis surnamed the young Nephew to the foresaid King Philip who leaving the Substance of the action as it was before caused divers externall additions of honour and Majesty to be adjoyned thereunto especially for the Coronation of his sonne Phillip the second surnamed Augustus whom he caused also to be Crowned in his dayes as his Grand-Father Phillip had been and as himselfe had been also in his Fathers dayes This man among other Royal Ceremonies ord●ined the offices of the twelve Peers of Fraunce 6 Ecclesiasticall and 6. temporall who are they which ever since have had the cheifest places and offices in this great action for that the foresaid Arch-Bishop of Rhemes intituled also Duke of Rhemes hath the first and highest place of all others and 〈…〉 King The Bishop and Duke of Laon beareth the gl●sse of sacred 〈…〉 and Duke of Langres the Crosse The Bishop and Earl of 〈…〉 the Bishop and Earle of Noyon the Kings girdle and Last of all the Bisho● and 〈◊〉 of Chalons doth carry the ring and these are the 6 acclesiasticall Peites of France with their offices in the Coronation The temporall Peers are the Duke of Burgundie Deane of the order who in this day of Coronation holdeth the Crowne the Duke of Gasconi● and Guyene the first banner quartered the Duke of Normandie the Second banner quartered the Earl of Tholofa the golden Spurres the Earl of Champanie the banner Royall or standard of Warr and the Earl of Flanders the Sword Royall so as there are 3 Dukes and 3. Earles one of both rankes of Spirituall and temporall Lords and as Gidard noteth the King is apparraled on this day 3 times and in 3 severall sortes the first as a Priest the second as a King Warrier the third as a Judge Girard du haillan li. 3. de Pestat page 240. 242. and 258. and finally he saith that this solemnitie of annointing and Crowning the King of France is the most magnificent gorgious Majesticall thing that may be seen in the world for which he referreth us not only to the particuler Coronations of these two ancient King Philips the first and second but also to the Coronation of Henry the Second But to say a word or two more of Phillip Augustus before I passe any further which happened in the year 1179. and in the 25. of the reigne of our King Henry the 2. of England who as the French stories say was present also at this Coronation and had his ranke among the Peeres as Duke of Normandy and held the Kings Crown in his hand and one of his Sonnes had his ranke also a Duke of Gasconie and the form used in this Coronation was the very same which is used at this day in the admission of the Kings of France in recounting whereof I will let passe al the particular Ceremonies which are largely to be read in Francis Belforest in the place before mentioned and I will repaire onely the Kings Oath which the said author recounteth in these words The Arch-Bishop of Rhemes being vested in his pontificall attire and come to the Alter to begin Masse where the King also was upon a high seat placed he turned to him and said these
words in th● name of all the Cleargie and Churches of France Sir that which we require at your handes this day is that you promise unto us that you will keep all canonicall priviledges law and Justice due to be kept and d●fend●d as a good King is bound to do in his Realme and to every Bishop and Church to him Committed whereunto the King answered I do promise and avow to every one of you and to every Church to you committed that I will keep and maintaine all canonicall priviledges law and Justice due to every man to the uttermost of my power and by Gods helpe shall defend you as a good King is bound to doe in his Realme This being done the King did sweare and make his Oath laying his handes upon the Gospell in these words following Au●nom de Iesus Christ ie Jure promots aw peuple Christi●n a may suject cos thoses c. Which is in English in the name of Jesus Christ I do sweare and promise to all Christian people subject unto me these poiuts ensuing first to procure that all my subjects be kept in the union of the Church and I will defend them from all excesse rapin extortion and iniquitie Secondly I will take order that in all iudgments justice shall be kept with equity and mercy to the end that God of his mercy may conserve unto me with my people his holy grace and mercy 3. I shall endeavour as much as possibly shall lie in me to chuse and drive out all my Realm and all my Dominions all such as the Church hath or shall declare for Heriticks as God shall help me and his holy Gospells Thus sweareth the King and then kisseth the Gospells and immediately is sung Te Deum laudamus and after that are said many particular prayers by the Arch-Bishop and then is the King vested and the ring scepter Crown and other Kingly Ornaments and Ensignes are brought and put upon him with Declaration first what they signifie and then particuler prayers are made to God that their signification may be by the King fulfilled And after all ended the Arch-Bishop with the Bishops do blesse him and say these words unto him God which reigneth in Heaven and governeth all Kingdoms blesse you c. Be you stable and constant and hold your place and right from henceforth which here is committed and layd upon you by the Authority of Almighty God and by this present tradition and delivery which we the Bishops and other Servants of God do make unto you of the same and remember you in place convenient to bear so much more respect and reverence unto the Clergy by how much nearer then other men you have seene them to approach to Gods Alter to the end that Jesus Christ Mediatour of God and man may confirme maintaine you by the Clergy and people in this your Royall Seat and Throne who being Lord of Lords and King of Kings make you raigne with him and his Father in the life and glory everlasting Thus saith the Arch-Bishop unto him and after this he is led by him and the other Peeres unto the seat Royall where the Crown is put upon his head and many other large Ceremonies used which may be read in the Author aforesaid and are to long for this place And yet have I bin the larger in this matter of France for that I do not think it to be improbable which this Author and others do note to wit that most Nations round about have taken their particuler formes of Anointing and Crowning their Kings from this ancient Custome of France though the substance thereof I meane of their sacring and Anointing be deduced from examples of far more antiquity to wit from the very first Kings among the people of Israel 1. Reg. 10. 16. 2. Reg. 2. whom God caused to be anointed by his Priests and Prophets in token of his election and as a singuler priviledge of honour and preheminence unto them whereof King David made so great accompt when he said to the Souldier that had kissed Saul his enemy in the war 2. Reg. 1. quaere non to ●uisti mittere manum tuam in Christum Domini Why diddest thou not feare to lay thy hands upon the Anointed of God and he put him to death for it notwithstanding Saul had been long before deposed and rejected by God and that himselfe had lawfully borne Armes against him for many dayes so much was that ceremony of Anointing estemed in those daies and so hath it been ever since among Christian people also for that Kings hereby are made sacred and doe not only participate with Priests but also with Christ himselfe who hath his name of this circumstance of Anointing as all the world knoweth Probable then I say it is that albeit the substance of this ceremony of Anointing King be much elder then the Christian Kingdom of France yet is this particuler rule and maiesticall manner of doing the same by way of Coronation the most ancient in Frauce aboue all other Kingdomes round about especially if it began with their first Christian King Clodovious not full 500. Yeares after Christ as French Authors doe hold At what time also they recount a great miracle of holy Oyle sent from Heaven by an Angell for Anointing Clodou●us whereof they say they have still remaining for the Anointing of their Kings at Rhemes which point I will not stand to treat or discourse in this place but rather will referr my reader to the foresaid Chapter of Francis Belforest Chronicler of France Belfo. l. 3. Cap. 17. who alleadgeth divers writers of almost 500. year antiquitie that write of the same but howsoever that be very propable it seemeth that all the ceremonies of Coronation in Germany and Polonia before receited which had their begining long after the reigne of Clodoneus might be taken from thence so the affinity likenesse of one to the other doth seeme to agree and Garibay also the Chronicler of Spaine and Nauarra in his 22. Booke Estevan Garribay lib. 22. c. 1. talking of this custome of annointing and Crowning the Kings of Nauarra saith that this excellent custome began there I meane in Nauara about 800. yeares past and was brought in by certain Earls of Champain of France named Theobaldes who comming to attaine that Crowne brought with them that reverent ceremony of Anointing and Crowning their Kings according to the use of the French which custome endureth untill this day in that part of Navarra that is under the house of Vandome albeit in the other that is under the Spaniards which is firr the greater it was left of in the Year 1513. when Fardinande surnamed the Cathol que King of Spaine entred thereupon for the Spanish Kings are never Anointed nor Crowned but otherwise admitted by the Common wealth But among all other Kingdomes it seemeth that England hath most particularly taken this custome Ceremony from France not only for the reason before
alleadged that diverse of our English Kings have come out of France as William Corquerour borne in Normands King Steven soune to the Earl of Blois and Bolen a French man and King Henry the Second born likewise in France and sonne to the Earl of A●iou but also for that in very deede the thing it selfe is all one in both Nations and albeit I have not seen any particuler Book of this action in England as in French there is yet it is easie to gather by stories What is used in England about this affaire For first of all that the Arch-Bishop of Ca●terbury did ordinarily doe this ceremony in England as the Arch-Bishop of Rhemes doth it in France there is no doubt and with the same solemnity and honour according to the condition and state of our Countrey and Polidor Virgill in his story Polid. ib. 13 Hist Angile in vita Henrici noteth that Pope Alexander did interdict and suspend the Arch-Bishop of Yorke with his two assistants the Bishops of London and Salisbury for that in the absence of Thomas Becket Arch-Bishop of Canterbury and without his licence they did Crown King Henry the seconds sonne named also Henry at his Fathers perswasion and divers do attribute the unfortunate successe of the said King Henry the younger that rebelled against his Father to this disorderly and violent coronation by his Fathers appointment Secondly that the first thing which the said Arch-Bishop requireth at the new Kings hands at his Coronation is about religion Church matters and the Clergie as in France we have seen it appeareth evedently by these words which the same Arch-Bishop Thomas surnamed commonly the martyr remaining in banishment wrote to the same King Henry the Second which are these Memores sitis confessionis quam fecitis posuistis super altare apud Westmonasteriam de servanda Ecclesiae liberiate quando consecrati fuistis uncti in regem a pradecessore nostro Thebaldo Invita D. Thom. Cantuar. apud surium in mense Decembris Which is do you call to your remembrance the confession which you made and laid upon the Alter at Westminster for keeping and defending the liberty of the Church when you were consecrated and Anointed King by Thebaldus our predecessour By which words appeareth that as the King of England was consecrated and anointed in those dayes by the Arch-Bishop of Canterbury so did he sweare and give up his Oath also in writing and for more solemnity and obligation laid it down or rather offered it up with his owne hands upon the Alter so much as was required of him by the said Arch-Bishop and Clergie for the speciall safety of Religion and these Ecclesiasticall liberties which is the selfe same point that we have seene before as well in the Oath of the Kings of France as also of Polonia and Spaine and of the Emperours both Grecian and German The very like admonition in effect I finde made by another Thomas Arch-Bishop of Canterbury to another King Henry to wit by Thomas A●undell to King Henry the fourth when in a Parliament holden at Coventry in the Yeare 1404. the King was tempted by certain temporall men to take away the temporalities from the Clergie whereunto when the said Arch-Bishop Thomas had answered by divers reasons at last turning to the King ●e besought him saith Stow in vita Henrici 4. to remember the Oath which he voluntarily made that he would honour and defend the Church and ministers thereof Whereof 〈◊〉 desired him to permit and suffer the Church to enjoy the priviledges and 〈…〉 of his prodecessours it did enjoy and to fear that King which reig●eth 〈…〉 by whom all other Kings do reigne moreover he desired him to consider his promise also to all the realm which was that he would preserve unto every man their wright and title so far as in him lay By which speech of the Arch-Bishop the King was so far moved as he would heare no more of that bil of the laytie but said that he would leave the Church in as good estate or better then he found it and so he did but yet hereby we come to learne what Oath the Kings of England do make at their Coronations touching the Church and Clergie The other conditions also of good government are partly touched in the speech of the Arch-Bishop Holinosh in his Cro. Page 476. and 1005. and much more expresly set down in the King of Englands Oath recorded by ancient writers for that he sweareth as both Holinshead and others do testifie in their English stories in these very words to wit That he will during his life beare reverence and honour unto almightie God and to his Ca●holique Church and unto his Ministers and that he will administer law and justice equall to all and take away all unjust Lawes Which after he had sworne laying his handes upon the Gospells then doth the Arch-Bishop turning about to the people declare what the King hath promised and sworne and by the mouth of a harrald at armes asketh their consents whether they be content to submit themselves unto this man as unto their King or no under the conditions proposed whereunto when they have yealded themselves then begineth the Arch-bishop to put upon him the regall Ornaments as the sword the ring the scepter Crown as before in the French Coronation you have heard and namely he giveth him the Scepter of Edward the Confessor and then he adeth also the same words of Commission and exortation as the other doth to wit stand and hold thy place and keepe thy Oath and thereunto adjoyneth a great communication or treat on the behalf of Almighty God if he should take upon him that dignity without firm purpose to observe the things which this day he hath sworn and this is the summe of the English Coronation which you may read also by piece meale in Iohn Stow. Stow in vita Richardi 2 in fine according as other things in that his brief collection are set down but especially you shall se it in the admissions as well of the said King Henry the 4 now last mentioned as also of K. Edward the fourth at their first entrances to the Crown for in the admission of K. Henry Stow sheweth how the people were demanded thrice whether they were content to admit him for their King and that the Arch-Bishop of Canturbury who was the same Thomas Arundell of whom we speak before did read unto them what this new King was bound by Oath unto and then he took the Ring wherewith he was to wed him to the Common-wealth which wedding importeth as you know an Oath and mutuall obligation on both sides in every marriage and the Earle of Northumberland high Constable of England for that day was willing to shew the said Ring to the people that they might thereby se the band whereby the King was bound unto them And then it was put upon his finger and the King kissed the Constable in signe of
to alledge out of the 2. rank only which began with the exclusion and deposition of their lawfull king Childerike the 3. and election of k. Pepin then surnamed le brefe or the little for his small stature though he were a Gyant in deeds being made king of France by meer election in the yeer of Christ 751. after 22 Kings that had reigned of the first line of Pharamond for the space of more then 300 yeers being so famous worthy a King as all the world knoweth reigned 18 yeers and then left his States Kingdoms by succession unto his eldest Son Charles surnamed afterward the Great for his famous heroicall acts And albeit the whole kingdom of France appertained unto him alone by the law of succession his Father being King and hee his eldest Son yet would the Realm of France shew their authority in his admission which Girard setteth down in these words Estant Pep●n decede les Francois esleurent Rois Charls Carlomon ses fils ala charge quils partageroient entre eux egalement le royaume Gir. du Haillan l. 3. an 768. which is king Pepin being dead the brench-men chose for their kings his two Sons Charles Carlomon with condition that they should part equally between them the Realm Wherein is to be noted not only the elect on of the Common wealth besi●es succession but also the heavy condition laid upon the heyre to part half of his kingdom with his younger brother and the very same words hath Eginard an ancient French Writer in the life of this Charles the Great to wit That the French State in a publike Assembly did chuse two Princes to be their Kings with expresse condition to divide the Realm equally as Francis Belforest citeth his words Eginard Belfor l 2. c. 5. After 3 yeers that these two Brethren had reigned together K. Carlomon the yonger dyed and left many Sons the elder whereof was named Adalgise but Belforest saith That the Lords Ecclesiasticall Temporall of France swore fidelity and obedience to Charles without any respect or regard at all of the child●en of Carlomon who yet by right of succession should have been preferred and Paulus Emilius a Latine Writer saith proceres regni ad Carolum ultroven entes regem tum totius Galliae sulutarunt Pa●l Mil. hist Fr●nc that is The Nobility of the Realme coming of their own accord un●o Charles saluted him k. of all France whereby is shewed that this exclusion of the children of Carlomon was not by force or tyranny but by free delibera●ion of the Realm After Charles the great reigned by succession his only Son Lewis the first surnamed de●onnaire of h●s courtesie who entring to reig● in the yeer 817. with great applause of all men for the exceeding gratefull memory of his father was yet afterward at the pur●uit principally of his own three sonnes by his first wise which were Lothair Pepin and Lups deposed Girard l. 1 An. 834. first in a chancell at Lions and then again at Compeigne and put into a monastery though afterward he came to reigne againe An 840. and his fourth sonne by h●s second wife which sonne was named Charles le ch●une for that he was bald ●ucceeded him in the states of France though after many battells against his brother Lothair to whom by succession the same apperteyned After Charles the bald succeeded Lewis the second surnamed le begue for his stuttering who was not eldest but third Son unto his Father an 878. for the second dyed before his Father the eldest was put by his succes●ion for his cruell demeanure this Lewis also was like to have bin deprived by the States at his first entrance for the hatred conceived against h●s Father Charles the ba●d but that he calling a solemn P●rl at Compeigne as Girard saith Gie l. 1. an 879 he made the People Clergy Nobility many fair promises to have their good wils This Lewis the stuttering left two bastard sons by a Concubine who were called Lewis Carlomon as also he left a litle Infant newly born of his lawfull fe Adeltrude daughter to k. Alfred of England which Infant was K. of France afterward by name of Charles the simple albeit not immediatly after the death of his Father for that the Nobles of France said that they that they had need of a man to be King not a child as Girard reporteth therefore the whole State of France chose for their Kings the two foresaid bastards Lewis the 3. Carlomon the first of that name joyntly they were crowned most solemnly divided the whole Relm between them in the yeer of Christ 881. Q. Adeltruds with her child true heir of France fled into England to her Father there brought him up for d●vers yeers in which time she saw 4 or 5 Kings Reigne in his place in France one after the other for briefly thus it passed Of these two bastard Kings the elder named Lewis reigned but 4 yeers and dyed without issue the 2d that is Carlomon lived but one yeer after him left a Son called also Lewis the 5. surnamed Faineant for his idle slothfull life an 886. For which as also for his vicious behaviour in perticular for taking out marying a Nun of the Abby of Baudour at Chels by Paris he was deprived made a Monk in the Abbey of S. Denis where he dyed in his place was chosen K. of France and crowned with great solemnity Charles the 4. Emperour of Rome srrnamed le gios for that he was fat corp●lent he was Nephew to Charles the bald before mentioned therfore the French stories say that he came to the Crown of France partly by succession partly by election Girard l. 5. an 888. but for succession we see that it was nothing worth for so much as Charles the simple the right heire was alive in England whom it seemeth that the French men had quite forgotten seeing that now they had not only excluded him three times already but afterwards also againe when this grosse Charls was for his cruel government by them deposed deprived not onely of the kingdom of France but also of his Empire which he had before he was King was brought into such miserable penury as divers write that he perished or want this time I say the States of France would not yet admit Charles the simple though hitherto his simplicity did not appear but he seemed a goodly Prince but rather they chose for King one Odo Earl of Paris Duke of Angiers caused him to be crowned But yet after a few yeers being weary of this mans government and moved also somewhat with compassion towards the youth that was in England they resolved to depose Odo and so they did while he was absent in Gascony and called Charls the simple out of England to Paris and restored him to the kingdom of France leaving only to
pretended that he was chosen before by● 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 th●t they had broken their oaths and promises in that behalf Gir l. 6. ●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. ● cap. ●4 that Alexander the second pope of Rome whose holinesse was so much esteemed in those daies as one constan●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 pr●cious ring of ●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 ●art 2 Chron. ●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 acc●unting from the death of King Edmond I consider unto this man we shall find as before I have said in lesse then 5● yeares that 5. or 6 Kings were made in Eng●and one after another by only authority and approbati●n of the ●ommon wealth contrary to the ordinary course of ineall succession by propinquity of blo●d And al this is before the conquest but it we should passe any further down we should find more e●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 Du●e of Normandie to wh●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 W●illiam for perticular displeasure against his elder sonne and had ordein●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 th●m the contr●ry who was at that day of high estimation and authority in England and so might indu●e the realme to do what he liked By like meanes gat Henry his younger brother the same crown afterwards to wit by fair pr●mises to the peop●e and by help principally of Henry Newborow ●arle of Warwick that dealth with the nobility for him and Maurice Bishop of London with the cleargie for that Ans●lme Arch bishop of Can●erbury was in ba●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 the● 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 wit●out issue and then was shee married againe the second time to Geffry Pantage●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 bu● 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 Ma●de ●is mother he was admitted and Henry put backe and this chiefly at the perswasion of Henry Bish●p of Winche●●er brother to the said Stephen as also by the sollicitation of the Abbot of Glast●nbury and ●thers who thought be like they might do the same with good conscience for the good of the realm though the even● proved not so well for that it drew all England into factions and divisions for avoyding and ending whereof the states ●●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 stat● dispose of the crown at that time which was in the yeare of Christ 1153. To ●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 cal●ed by the French Iean sens terre as if you wou●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 ●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 ta●en by King Iohn though he had the King of Franc● on his side anb he died pitifully in prison or rather as most authors do ho●d he was put to death by King Iohn
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 Nav●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 Fra●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
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 ●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 pr●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 ●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
Odo for recompence the state of Aquitain with Title of a Duke wherwith in fine he contented himself seeing that he could get no more But yet his Posterity by vertue of this election pretended ever after a Title to the Crown of France and never left it of untill at length by Hugo Capetus they got it for Hugh descended of this King and Duke Odo This K. Charls then surnamed the simple and English womans Son being thus admitted to the crown of France he took to wife an English woman named Elgina or Ogin daughter of K. Edward the elder by whom he had a Son named Lewis and himself being a simple man was allured to go to the castle of eron in Picardy where he was made prisoner and forced to resign his kingdom unto Ralph K. of Burg●ndy an 927. and soon after he dyed through misery in the same castle his Q. Ogin fled in●o England where with her litl● son Lewis unto her uncle K. Adelstan as Q. Adeltrude had done before with her son unto K. Al●red and one of the chief in this action for putting downe of the simple was Count Hugh surnamed the Great E. of Paris Father unto Hugo Capetus which after was King But this new K Ralph lived but 3 yeers after and then the States of France considering the right title of Lewis the lawfull child of K. Charles the simple which Lewis was commonly called now in France by the name of d'Outremer that is beyond the Sea for that he had been brought up in England the said States being also greatly and continually sollicited hereunto by the Ambassadors of K. Ad●lston of England and by Wil. D●ke of Normandy surnamed long Speer great Grandfather to Wil. the Conquerour who by the K. of England was gained also to be of the young Princes part for these considerations I say they resolved to call him inte France out of England as his Father had bin before him and to admit crown him King and so they did and he reigned 27 yeers and was a good Prince and dyed peaceably in his bed the yeer of Christ 945. This K. Lewis of d'Outremer left two sons behind him the eldest was called Lothair the 1. who succeeded him in the crown of France and the 2. was named Charles whom he made Duke of Lorrain Luthaire dying left one onely son named Lewis as his Grandfathee was who was named K of France by the name of Lewis the 7. and dying without issue after two yeers that he had reigned the crown was to haye gone by lineall succession unto his Uncle Charles Duke of Lorrain second Son to Lewis d'O●tremer as is evident but the States of France did put him by it for mislike they had of his person and did chuse Hugo Capetus Earl of Paris and so ended the second line of Pepin and of Charles the Great and entree the race of Hugo Capetus which endureth untill this day and the French stories do say that this surname Capet was given to him when he was a boy for that he was wont to snatch away his Fellowes caps from their heads whereof he was termed sna●ch●cap which some do interpret to be an abodement that he should snatch also a crown from the true owners head in time as afteward we see it fell out though yet he had it by election and approbation of the Common wealth And in this respect all the French Chroniclers who otherwise are most earnest defenders of their law of suceession do justifie this title of Hugo Capetus against Charls for which cause Frances Belforest doth alleadge the saying of W. Naugus an ancient diligent chronicler of the Abby of S. Denis in France who defendeth K. Capetus in thes● words We may not grant in any case that Hugh Capet may be esteemed an invador or usuroer of the crown of France se 〈◊〉 the Lords Prelats Princes Governours of the Realm did cail him to this dignity and chose him for their King and Soveraigne Lord upon which words Belforest saith as followeth I have laid before oon the words and censure of this good religious man for that they seem to me to touch the quick For in very truth we cannot by any other meanes defend the Title of Hugh Capet from usurpation and fellony then to justifie his coming to the crown by the cosent will of the Common wealth and in this I may well excuse me from inconstancy and contradiction to my self that have so earnestly defended succession before for he that will consider how add what conditions I defended that shall easily see also that I am not here contrary to the same I think it not amisse also to put down here some part of the oration or speech which the Ambassador that was sent at that time from the State of France unto Charles of Lorrain after their election of Hugh Capet Charls exclusion did use unto him in their names which Speech Girard doth reconnt in these words Gir. l. 6. an 988. Every man knoweth Lord Charles that the sucaession ●o the crown and realme of France according to the ordinary Lawes and rights of the same belongeth unto you and not unto Hugh Capet now our King but yet the very same laws which do give unto you this right of succession do judg you also unworthy of the same for that you have not endevored hitherto to frame your life and m●●ers according to the prescript of those laws nor according to your use custom of your country of France but rather have allied your self with the German Nation ●ur old enemies and have acquainted your self with their vile base manners wher●ore seeing you have forsaken abandoned the ancient vertue sweetnes amity of the French we have also abandoned left you have chosen Hngh Capet for our King have put you back and this without any scruple or prejudice of our consciences at all esteeming it far better more just to live under Hugh Capet the present Possessour of the crown with enjoying the ancient use of our laws customs priviledges liberties then under you the inheritour by neernesse of bloud in oppressing strange customs cruelty For even as those which are to make a voyage in a ship upon a dangerous Sea do not so much respect whether the Pylot which is to guide the stern be owner of the ship or no but rather whether he be skilfull valiant like to bring them in safety to their ways end or to drown them among the waves even so our principall care is that we have a good Prince to lead and guide us happily in this way of civill politike life which is the end why Princes were appointed for that this man is fitter to be our King This message did the States of France send to Charles of Lorrain in defence of their doings with this he lost his succession for ever afterwards his life also in prison the Frenchmen thought
themselves secure in conscience as you see for doing the same which God hath also since seemed to confirm with the succession happy successe of so many noble and most Christian Kings as have issued out of this line of Hugo Capet us unto this day And this spoken now of the second line of France I take to be sufficient for proof of our purpose without going any further for that if we do but number these Kings already named that have reigned in this second race from K. Pepin downwards unto Hugh Capet which are about 17 or 18 Kings in 238 yeeres we shall find that not some few but the most part of them did both enter and enjoy their crowns and dignities contrary to the law of lineall discent and of next succession by bloud Whereof also there would not want divers examples in the third and last discent since Hugo Capitus his time if we would passe further to examine the stories thereof For not to go further down then to the very next discent after Hugh which was K. Robert his Son Girard affirmeth in his story Gir. l. 6 an 1232. that of his two Sons which he had named Robert Henry Robert the elder was put back his younger brother Henry made K. of France reigned many yeers by the name of H. the 1. and this he saith hapned partly for that Robert was but a simple man in respect of Henry and partly also for that H. was greatly favoured and assisted in this pretence by Duke Robert of Normandy Father to our William the conqueror and in recompence hereof this King Henry afterward assisted the said William bastard Son to Robert for the attaining of the Dukedom of Normandy after the death of the said Duke Robert his Father notwithstanding that Duke Robert had two lawfull brothers alive at that time whose names were Manger Archbishop of Rone and William Earl of Argues in Normandy who pretended by success●ion to be preferred Gir. l. 6. an 1032. and 1037. But the States of Normandy at the request of Duke Robert when he went to the Holy land in which journey he dyed as also for avoid●ng dissention wars that otherwise might ensue were content to exclude the uncles and admit the bastard son who was also assisted by the Forces of the King of France so as no scruple it seemed there was it those days either to prefer K. Hen. to the crown of France before his elder brother or D. William the bastard son to the Duchy of Normandy before his lawfull uncles upon such considerations as those States may be presumed to have had for their doings I read also that some yeers after to wit in the ye●r 1●10 when Philip the 1. of France son and heyr to this K. Henry was deceased the people of France were so offended with his evill life and government as divers were of opinion to dis-inherit his Son Lewis the 6. surnamed le Gros for his sake and so was he like to have been indeed as may appear by the chronicle of France if some of his party had not caused him to be crowned in hast and out of order in Orleans for prevnting the matter The like doth Philip Cominaeus in his story of K. Lewis the 11d● clare how that the State of France had once determined to have dis-inherited his Son Charles named after the 8 to pu● him back from his succession for their hatred to his Father if the said Father had not dred while the other was very young a●● noted before also that it hapned in K. Hen. the 3 of England w●o was once condemned by the Barons to be dis-inherited for the fault of K Iohn his Father Lewis the Prof France chosen in his place but that the death of K. Iohn did alter that course intended by the English Nobi●ity so as this mat●er is neither n●w nor unaccustomed in all sorraign Countries and now will I passe also a little to our English stories to see whether the like may be found in them or no. And first of all that the Realm of England hath had as great variety changes diversity in the races of their Kings as any one Realm in the world it seemeth evident for that first of all after the Britains it had Romans for their Governours for many yeer then of them their Roman bloud they had Kings againe of their own as appeareth by that valiant King Aurelius Ambrosius who resisted so manfully prudently the Saxons for a time after this they had Kings of the Saxon English bloud after them of the Da●es ●hen of ●he Normans and after them again of the French last of all it seemeth to have returned to the Britains again in K. H. 7. for that his Father came of that race and now you know there bee pretenders of divers Nations I mean both of Scottish Spanish and I alian bloud so that England is li●e to perticipate with all their neighbors round about them I for my part do feel my self much of the French opinion before alleadged that so the ship be well and happily guided I esteeme it not much important of what race or Nation the Pylot be but now to our purpose I mean to passe over the first and ancient ranks of Kings as well of the Brittish and Roman as also of the Saxon races un●ill K. Egbert me 1 of this name King of the West Saxons almost of all the rest of England besides who therefore is said to be ●roperly the first Monarch of the Saxon bloud and he that first of all commanded that Realm to be called England which ever since hath been observed This man Egbert being a young Gentleman of a noble house in the West parts of England was bad in jelousie by his K. Britricus who was the 16. K. from Cordicius first K. of the West Saxons as he was also the last of his bloud And for that he suspected that this Egbert for his great prowess might come in time to be chosen King he banished him into France where he lived divers yeers was a captain under the famous K. Pepin that was Father to Charl●s the great hearing afterwards that K. Britricus was dead he returned in●o England where Polid●o saith omnium confensu rex creatur Pol. hist. aug l. 4. in sine That he was created or chosen King by consent voyce of all men though yet he were not next propinquity of bloud royall as is most evident and yet he proved the most excellent King that ever the Saxons had before or perhaps after his election hapned in the yeer of Christ 802. when K. Pepin the first of that race reigned in France so as this Monarchy of Egbert and that of Pepin began as it were together and both of them came to their crowns by election of the people as here you see This King Egbert or Egbrich as others do write him left a lawfull Son behind him