no as before hath been shewed which thing were in vain to ask if he were truly King as Belloy saith before his Coronation Again we see in all the formes and different manners of Coronations that after the Prince hath sworn divers times to govern well and justly then do the subjects take other Oathes of obedience and allegiance and not before which argueth that before they were not bound unto him by allegiance and as for the Princes of England it is expresly noted by English Historiographers in their Coronations how that no aliegeance is due unto them before they be Crowned and that only it happened to Henry the fifth among all other Kings his Predecessour to have this priviledg and this for his exceeding towardlinesse and for the great affection of the people towards him that he had homage done unto him before his Coronation and Oath taken Whereof Polidor writeth in these words Princeps Heuricus facto patris funere concilium principum apud Westomansterium convocandum eurat in quo dum de rege creando more maiorum agitabatur esse tibi contiâ—uo â—aliquot Principes ultro in ejus verba mirare coeperunt quod benevolentiae officium nulli antea priusquam Rex renunciatus esset praestitum constat adeo Henricus ab ineunte aetate spâ—m omnibus optimae indolis fecit Polydâ—r virg lib. 22. histor Angliae in vita Henrici 5. Which in English is this Prince Henry after he had finished his fathers funeralls caused a Parliament to be gathered at Westminster where whilst consultation was had according to the ancient custome of England about creating a new King behold certain of the Nobility of their own free wils began to swear obedience and loyalty unto him which demonstration of love and good will is well known that it was never shewed to any Prince before until he was declared King So great was the hope that men had of the towardlines of this P. Henry even from his tender age and the very same thing expresseth Iohn Stow also in his Chronicle in these words To this noble Prince by assent of the Parliament all the States of the Realm after 3 dayes offered to do fealty before he was Crowned or had solemnized his Oath well and justly to Governe the Common-wealth which offer before was never found to be made to any Prince of England Stow in the begining of the life of K. Henry 5. In whose narration as also in that of Polidor it may be noted that K. Henry the 5. was not called King untill after his Coronation but only Prince though his father King Henry the 4. had been dead now almost a moneth before And secondly that the Parliament consulted de Rege creando more majorum as Polidor his words are that is making of a new King according to the ancient custome of their ancestors which argueth that he was not yet King though his father were dead nor that the manner of our old English ancestors was to account him so before his admission Thirdly that this demonstration of good will of the Nobility to acknowledge him for King before his Coronation and Oath selemuized well and justly to Governe the Realm was very extraordinary and of meere good will And last of all that this was never done to any Prince before K. Henry the 5 all which points do demonstrate that it is the Coronation and admission that maketh a perfect and true King whatsoever the title by succession be otherwise And that except the admission of the Common-wealth be joyned to succession it is not sufficient to make a lawfull King and of the two the second is of far more importance to wit the consent and admission of the Realm then nearnesse of bloud by succession alone This I might prove by many examplâ—s in England it self where admission hath prevailed against right of succession as in Wil. Rufus that succeded the Conquerour and in K. Henry the 1. his brother in K. Stephen K. John and others who by only admission of the Realm were Kings against the order of succession and very specially it may be seene in the two examples before mentioned of the admission of the two Kings Henry and Edward both surnamed the 4. whose entrances to the Crowne if a man do well consider he shall find that both of them founded the best part and most surest of their titles upon the election consent and good will of the people As in their last words to their friends in Sr. Tho. Moore and Stow. Yea both of them at their dying daies having some remorse of conscience as it seemed for they had caused so many men to dye for maintenance of their severall Rights and titles â—ad no better way to appease their own minds but by thinking that they were placed in that roome by the voice of the Realm and consequently might lawfully defend the same and punish such as went about to deprive him You shall find if you looke into the doings of Princes in all ages that such Kings as were most politique and had any lest doubt or suspition of troubles about the title after their deaths have caused their sonnes to be Crowned in their own dayes trusting more to this then to their title by succession thongh they were never so lawfully and lineally discended And of this I could alleadg you many examples out of divers Countries but especially in France since the last line of Capetus came unto that Crown for this did Hugh Capetus himself procure to be done to Robert his Eldest sonne in his owne daies and the like did King Robert procure for his younger son Henry the 1. as Girard holdeth and excluded his elder onely by Crowning Henry in his owne daies Henry also did intreate the States of France to admit and Crown Philip the 1. his eldest son whilst himself reigned An. 1131. and this mans son Luys Le Cros did the same also unto two sons of his first to Philip and after his death to Luys the younger both which were Crowned in their fathers life time and this Luys again the younger which is the seaventh of that name for more assuring of his son named Philip the second intreated the Realm to admit and Crown him also in his own dayes with that great solemnity which in the former chapter hath ben declared And for this very same cause of security it is not to be doubted but that alwaies the Prince of Spaine is sworn and admitted by the Realmâ— during his Fathers reign The same consideration also moved King David 2 Reg. 1. to Crown his son Salomon in his own daies Our King Henry also the 2 of England considering the alteration of that the Realm had made in admitting K. Stephen Polyd. Stow. in vita Henrici 11. before him against the order of lineall succession by propiâ—quity of blood and fearing that the like might happen also after him caused his eldest sonne named likewise Henry to be Crowned in his life time so as
pretended that he was chosen before byâ— K. Edw. the Confessour that the Realm had given their consent thereunto that K. E. left the same testified in his last will testament an 1066. and albeit none of our English Authors do avow the same cleerly yet do many other forrain Writers hold it it seemeth very probable that some such thing had past both for that D. William had many in England that did favour his pretence at his entrance as also as Girard in his French story saith that at his first comming to London he punished divers by name for thâ—t they had broken their oaths and promises in that behalf Gir l. 6. â—n 1065. And moreover it appeareth that by alledging this title of election he moved divers Princes abroad to favour him in that action as in a just quarrel which is not like they would have done if he had pretended only a conquest or his title of sanguinity which could bee of no importance in the world for that effect seeing it was no other but that his Grandfather and King Edwards mother were brother and sister which could give him no pretence at all to the succession of the crowne by blood and yet we see that divers Princes did assist him and among others the French chronicles Girard so often named before writeth Chron. Cassin l. â— cap. â—4 that Alexander the second pope of Rome whose holinesse was so much esteemed in those daies as one constanâ—inus After wrote a booke of his miracles being informed by Duke William of the justnesse of his pretence did send him his benediction and a prâ—cious ring of â—od with a hollowed banner by which hee gett the victory thus writeth Girard in his French Chronicles and Antonius Archbishop of Florence surnamed Antoninus â—art 2 Chron. â—it 16. cap. 5. s 1. Sainct writing of this matter in his chronicles speaketh great good of vvilliam conqueror commendeth his enterprise But howsoever this was the victory we see he get and God prospered his pretence and hath confirmed his of-spring in the Crown of England more then 500 yeares together so as now accâ—unting from the death of King Edmond I consider unto this man we shall find as before I have said in lesse then 5â— yeares that 5. or 6 Kings were made in Engâ—and one after another by only authority and approbatiâ—n of the â—ommon wealth contrary to the ordinary course of ineall succession by propinquity of bloâ—d And al this is before the conquest but it we should passe any further down we should find more eâ—amples then before For first the two sonnes of the Conquerour himselfe that succeeded after him to wit William Rufus and Henry the first were they not both younger brothers to Robert Duâ—e of Normandie to whâ—m the most part of the realme was inclined as Polydor saith Polyd. in vita Gul. Conq. to have given the kingdome presently after the Conquerors death as due to him by succession notwithstanding that Wâ—illiam for perticular displeasure against his elder sonne and had ordeinâ—d the contrary in his testament But that Robert being absent in the War of Hierusalem the holy and learned man Lanfranke as he was accompted then Archbishop of Canterbury being deceived with vain hope of William Rufus An. 107 good nature perswaded thâ—m the contrâ—ry who was at that day of high estimation and authority in England and so might induâ—e the realme to do what he liked By like meanes gat Henry his younger brother the same crown afterwards to wit by fair prâ—mises to the peopâ—e and by help principally of Henry Newborow â—arle of Warwick that dealth with the nobility for him and Maurice Bishop of London with the cleargie for that Ansâ—lme Arch bishop of Canâ—erbury was in baâ—nishment Besides this also it did greatly helpe his cause that his elder brother Robert to whom the Crowne by reign appetteined was absent again this second time in the vvarre of Ierusalem and so lost thereby his Kingdome as before Henry having no ther title in the world unto it but by election and admission of the people which yet he so desended afterwards against his said brother Robert that came to claim it by the sword and God did so prosper him theâ— rein as he took his said elder brother prisoner and so kept him for many yeares untill he died in prison most pitifully But this King Henry dying left daughter behind him named Mawde or Mathilde which being married first to the Emperour Henry the fist he dyed witâ—out issue and then was shee married againe the second time to Geffry Pantageâ—t 〈◊〉 of Earle of Anjow in France to whom she bare a sonne named Henry which this King Henry his grand father caused to be declared for heire apparent to the Crowne in his daies buâ— yet after his disceasse for that Stephen Earl of Bollogne born of Adela daughter to William the Conquerour was thought by the state of England to be more 〈◊〉 to governe and to defend the land for that he was at mans age then was Prince Henry a child or Maâ—de â—is mother he was admitted and Henry put backe and this chiefly at the perswasion of Henry Bishâ—p of Wincheâ—â—er brother to the said Stephen as also by the sollicitation of the Abbot of Glastâ—nbury and â—thers who thought be like they might do the same with good conscience for the good of the realm though the evenâ— proved not so well for that it drew all England into factions and divisions for avoyding and ending whereof the states â—â—me years after in a Parliament at vval ingford made a agreement that Stephen should be lawfull King during his life only and that Henry and his of-spring should succeed him and that prince vvilliam King Stephens sonne should be deprived of his succession to the crowne and made onely Earle of Norfolke thus did the statâ— dispose of the crown at that time which was in the yeare of Christ 1153. To â—his Henry succeded by order his oldest sonne then living named Richard and surnamed Cordelton for his Valour but after him againe his succession was broken For that Iohn King Henries youngest sonne 〈◊〉 youuger brother to Richard whom his father the King had left so unprovided as in jest he was calâ—ed by the French Iean sens terre as if you wouâ—d say Sir Iohn lacke-land this man I say was after the death of his brother admitted and crowned by the states of England and Arthur Duke of Brittaine sonne and heir to Geffry that was elder brother to Iohn was against the order of succession excluded â—nd albeit this Arthur did seeke to remedy the matter by warr yet it seemed that God did more defend this election of the Common wealth then the right title of Arthur by succession for that Arthur was over-come and taâ—en by King Iohn though he had the King of Francâ— on his side anb he died pitifully in prison or rather as most authors do hoâ—d he was put to death by King Iohn
Authority they have great limitation neither can they do any thing of great moment without the consent of certain principal men called Palatines or Castellians neither may their children or next of Bloud succeed except they be chosen as in the Empire Herbert l. 9. Hist Pol. Cromerus l. 3. Hist Polon In Spain France and England the priviledges of Kings are farre more eminent in both these points for that both their Authority is much more absolute and their next in Bloud do ordinarily succeed but yet in different manner for as touching authority it seemeth that the Kings of Spain and France have greater than the King of England for that every ordination of these two Kings is Law in it selfe without further approbation of the Common-wealth which holdeth not in England where no general Law can be made without consent of Parliament but in the other point of Succession it appeareth that the restraint is farre greater in those other two Countries than in England for that in Spain the next in Bloud cannot succeed be he never so lawfully descended but by a new approbation of the Nobility and States of the Realme as it is expresly set down in the two ancient Councels of Tolledo the fourth and fifth Concil blet 4. c. 74. coneil s c. 3. In confirmation whereof we see at this day that the King of Spain's own son cannot succeed nor be called Prince except he be first sworne by the said Nobility and States in token of their new consent and so we have seen it practised in our dayes towards three or four of king Philips children which have succeeded the one after the other in the Title of Princes of Spain and at every change a new Oath required at the Subjects hands for their admission to the said Dignity which is not used in the Kings children of France or England In France the World knoweth how Women are not admitted to succeed in the Crown be they never so near in Bloud neither any of their Issue though it be Male for which cause I doubt not but you remember how King Edward the third of England though he were son and heir unto a daughter of France whose three brethren were kings and left her sole heir to her father king Philip the fourth sirnamed the Fair yet was he put by the Crown Anne 1340. Anil hist Franc. l. 2. Gerard. du Haylan l. 14. hist Franc. as also was the king of Navar at the same time who was son and heir unto this womans eldest brothers daughter named Lewis Huttin king of France which king of Navâ—r thereby seemed also to be before king Edward of England but yet were they both put by it and Philip de Vallois a brothers son of Philip the fair was preferred to it by general decree of the States of France and by verdict of the whole Parliament of Paris gathered about the same affaires Franc. Belfor l. 5. c. 1. Anno 1327. Neither did it avail that the two kings aforesaid alleadged that it was against reason and conscience and custome of all Nations to exclude women from the Succession of the Crown which appertained unto them by propinquity of Bloud seeing both Nature and God hath made them capable of such Succession every where as it appeareth by example of all other Nations and in the old Testament among the people of God it selfe where we see Women have been admitted unto kingdomes by succession but all this I say prevailed not with the French as it did not also since for the admission of Dona Isabella Eugenia Clara Infanta of Spain unto the said Crown of France though by dissent of Bloud there be no question of her next propinquity for that she was the eldest childe of the king's eldest sister The like exclusion was then made against the prince of Lorain though he was a man and nephew to the king for that his Title was by a Woman to wit his mother that was younger sister unto king Henry of France And albeit the Law called Salica by the French-men by vertue whereof they pretend to exclude the Succession of Women be no very ancient Law as the French themselves do confesse and much lesse made by Pharamond their first king or in those ancient times as others without ground do affirme Gerard. du Hail l. 13. hist Fraâ—c Anno 1317. l. 14. Anno 1328 l. 3. de l'Estat defrunce Yet do we see that it is sufficient to binde all Princes and Subjects of that Realme to observe the same and to alter the course of natural Discent and nearnesse of Bloud as we have seen and that the king of Navar and some others of his race by vertue of this onely Law did pretend to be next in Succession to this goodly Crown though in nearnesse of Bloud they were farther off by many degrees from king Henry the third than either the foresaid Infanta of Spain or the prince of Lorain who were children of his own sisters which point yet in England were great disorder and would not be suffered for that our Lawes are otherwise and who made these Lawes but the Common-wealth it selfe By all which we see that divers Kingdomes have divers lawes and customes in the matter of succession and that it is not enough for a man to alleage bare propinquity of blood thereby to prevaile for that he may be excluded or put back by divers other circumstances for sundry other reasons which afterward we shall discusse Yea not onely in this point hath the common-wealth authority to put back the next inheritors upon lawfull considerations but also to dispossesse them that have bin lawfully put in possession if they fulfill not the lawes and conditions by which and for which their dignitie was given them Which point as it cannot serve for wicked men to be troublesome unto their Governours for their own interests or appetites so yet when it is done upon just and urgent causes and by publique authority of the whole body the justice thereof is playne not onely by the grounds and reasons before alleaged but also by those examples of the Romans and Grecians already mentioned who lawfully deposed their Kings upon just considerations and changed also their Monarchie and Kingly Government into other forme of regiment And it might be proved also by examples of all other nations and this perhaps with a circumstance which every man considereth not to wit That God hath wonderfully concurred for the most part with such juditiall acts of the common-Wealth against their evill Princes not onely in prospering the same but by giving them also commonly some notable successor in place of the deposed thereby hath to justify the fact and to remedy the fault of him that went before I am far from the opinion of those people of our dayes or of old who make so little account of their duty towards Princes as be their title what it will yet for every mislike of their owne they are ready to band
whom they alleadged this reason for their doing in that behalfe as Girard putteth it downe in both his French Chronicles I mean the large and the abbreviation to wit that their oath to Childerie was to honour serve and obey maintaine and defend him against all men as long as he was just religious valiant clement and would resist the enemies of the Crowne punish the wicked and conserve the good and defend the Christian faith And for as much as these promises said they were conditionall they ought not to hold or binde longer then that they were reciprocally observed on both parts which seeing they were not on the part of Childerie they would not be any longer his subject and so desired Zacharias to absolve them from their oaths which he did and by this meanes Childerie was deposed and 〈◊〉 into a Monastery where he dyed and in his place Pepin was chosen and crowned King whose posterity reigned for many years after him and were such noble Kings as all the world can testifie And so continued the race of Pepin in the royall throne for almost two hundred years together untill Hugo Capetus Hug. Cap. per an 988. who was put into the same throne by the same authority of the Commonwealth and Charles of Loraine last of the race of Pepin for the evill satisfaction which the French Nation had of him was put by it and kept prisoner during his life in the Castle of Orleance And thus much doe affirme all the French Histories and doe attribute to these changes the prosperity and greatnesse of their present Kingdome and Monarchy and thus much for France where many other examples might be alleaged as of King Lewis the third sirnamed Faineant For that he was unprofitable and of Charles sirnamed Legros that succeeded him both of them deposed by the States of France and other the like of whom I shall have occasion to speak afterwards to another purpose But now if you please let us step over the Pireny mountains and look into Spayne where there will not faile us also divers examples both before the oppression of that Realme by the Moores as also after Concil Tolet. 4. cap. 4. Ambros morac l. 11. cap. 17. For that before to wit about the yeare of Christ 630. we read of a lawfull King named Flaveo Suintila put downe and deprived both he and his posterity in the fourth Councell Nationall of Toledo and one Sissinando confirmed in his place notwithstanding that Suintila were at the beginning of his reigne a very good King and much commended by Isidorus Archbishop of Sivill Isidor in Hist hispan who yet in the said Councell was the first man that subscribed to his deprivation After the entrance of the Moores also when Spaine was reduced againe to the order and government of Spanish Kings we read Estevan de Garibay l. 13. de la hist de Espa c. 15. that about the yeare of Christ 1282. one Don Alonso the eleventh of that name King of Castile and Leon succeeded his father Fernando sirnamed the Saint and himselfe obtained the sirname of Sabio and Astrologo that is to say of wise and of an Astrologer for his excellent learning and peculiar skill in that Art as may well appeare by the Astronomy tables that at this day goe under his name which are the most perfect and exact that ever were set forth by judgement of the learned This man for his evill government and especially for tyranny used towards two nephews of his as the Spanish Chronicler Garavay writeth was deposed of his Kingdome by a publicke act of Parliament in the Towne of Valiodolid after he had reigned 30. yeares and his owne sonne Don Sancho the fourth was crowned in his place who for his valiant acts was sirnamed â—l bravo and it turned to great commodity of the Commonwealth The same Commonwealth of Spaine some yeares after to wit about the yeare of Christ 1368. having to their King one Don Pedro sirnamed the cruell for his injurious proceeding with his Subjects though otherwise he were lawfully seased also of the Crowne as son and heire to King Don Alonso the twelfth and had reigned among them 18. yeares yet for his evill government they resolved to depose him and so sent for a bastard brother of his named Henry that lived in France requesting him that he would come with some Frenchmen to assist them in that act and take the Crowne upon himselfe Garibay l. 14. c. 40. 41 which he did and by the helpe of the Spaniards and French Souldiers he drave the said Peter out of Spaine and himselfe was crowned And albeit Edward sirnamed the black Prince of England by order of his father King Edward the third restored once againe the said Peter yet was it not durable for that Henry having the favour of the Spaniards returned againe and deprived Peter the second time and slew him in fight hand to hand which made shew of more particular favour of God in this behalfe to Henry and so he remayned King of Spaine as doth also his prâ—geny injoy the same unto this day though by nature he was a bastard that King Peter left two daughters which were led away into England and there married to great Princes And this King Henry so put up in his place was called King Henry the second of this name and proved a most excellent King and for his great nobility in conversation and prowesse in Chivalry was called by Excellency El cavallero the Kingly King and for his exceeding benignity and liberality was sirnamed also El del merceedes which is to say the King that gave many gifts or the liberall franck and bountifull King which was a great change from the other sirnamed cruel that King Peter had before and so you see that alwayes I give you a good King in place of the bad deposed In Portugal also before I goe out of Spaine I will alleage you one example more which is of Don Sancho the second surnamed Capelo fourth King of Portugal lawfull sonne and heir unto Don Alanso surnamed el Gardo who was third King of Portugal This Don Sancho after he had reigned 34. yeares was deprived for his defects in government by the universall consent of all Portugal Garibay lib. 4. de hist Portug c. 19. and this his first deprivation from all kingly rule and authority leaving him only the bare name of King was approved by a generall Councell in Lyons Pope â—nnocentius the fourth being there present who at the Petition and instance of the whole Realme of Portugal by their Embassadors the Archbishop of Braga Bishop of Camibra and divers of the Nobility sent to Lyons for that purpose did authorize the said State of Portugal to put in supream government one Don Alonso brother to the said King Don Sarcho who was at that time Earle of Bullen in Picardy by right of his wife and so the Portugales did and further also a little after they deprived their said King
and did drive him out of his Realme into Castilla where he lived all the rest of his life in banishment and dyed in Toledo without ever returning and this Decree of the Councell and Pope at Lyons for authorizing of this fact is yet extant in our Common Law in the sixt Book of Decretalâ— now in print Lib. 6. de cret tit 6. de supplenda cap. Grand 1. And this King Don Alonso the third which in this sort was put up against his brother was peaceably and prosperously King of Portugal all the dayes of his life Garibay in hist de Portug lib. 34. cap. 20. 21. and he was a notable King and among other great exployts he was the first that set Portugal free from all subjection dependence and homage to the Kingdome of Castile which unto his time â—t haâ— acknowledged and he left for his successor his soâ—â— and heire Don Dionysiâ—el Fabricador to wit the great builder for that he builded and founded above forty and foure great towns in Portugal and was a most rare Prince and his off-spring ruleth in Portugal unto this day Infinite other examples could I alleage if I would examine the lives and discents of these and other Kingdoms with their Princes and namely if I would speak of the Greek Emperours deprived for their evill government not so much by popular mutiny which often hapned among them as by consent and grave deliâ—eâ—ation of the whole State and Weal-publick Glicas in Annal. part 4. Zon. Annal. co 3. in vita Michael Calapha as Michael Calaphates for that he had troden the Crosse of Christ under his feet and was otherwise also a wicked man as also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authority and the like whereof I might name many but it would be too long What should I name here the deposition made of Princes in our dayes by other Common-wealths as in Polonia of Henry the third that was King of France and before that had been sworne King of Polonia of which Crowne of Polonia he was deprived by publick act of Parliament for his departing thence without license and not returning at his day by the said State appointed and denounced by publick Letters of peremptory commandement which are yet extant In literis reip Polon ad Henr. Valesium pag. 182. 184. Vide Gagneum part 1. de rebus Polon In Suetia What should I name the deprivations of Henry King of Suetia who being lawfull successor and lawfully in possession after his Father Gustavus was yet put downe by that Common-wealth and deprived and his brother made King in his place who was in England in the beginning of Queen Elizabeths reigne whose sonne reigned King of Polonia Polin 1. 32. Histor de Franc. An. 1568. and this fact was not only allowed of at home by all the States of that countrey but also abroad as namely of Maximilian the Emperor and appointed also by the King of Denmarke and by all the Princes of Germany neer about that Realme who saw the reasonable causes which that Common-wealth had to proceed as it did And a little before that the like was practised also in Denmarke against Cisternus their lawfull King if we respect his discent in blood for he was sonne to King Iohn that reigned afore him and crowned in his fathers life but yet afterwards for his intolerable cruelty he was deprived and driven into banishment together with his wife and three children all which were disinherited and his Vncle Frederick Prince of Holsatia was chosen King whoâ—e Progeny yet remaineth in the Crowne and the other though he were married to the sister of Charles the fifth last Emperour of that name and were of kin also to King Henry the eight in England yet could he never get to be restored â—â—â—pessed his time miserably partly in banishment and partly in prison untill he died Sleydon l. 4. hist An. 1532. Muâ—st lib. 3. Cosmogra in dâ—script Dâ—â—i'e Paulus Iovius in viris illust But it shall be best perhaps to end this narration with example out of England it selfe for that no where 〈◊〉 have I read more markeable accidets touching this point then in England and for brevity sake I shall touch only a few since the Conquest for that I will goe no higher though I might as appereth by the example of King Edâ—in and others neither will I begin to stand much upon the example of King Iohn though well also I might so that by his cruell government he made himselfe both odious at home and contemptâ—ble abroad After him King Henry the third was admitted and he proved a very worthy King after so cruell a one as had gone before him and had been deposed which is a circumstance that you must alwayes note in this narration and hee reigned more yeares then ever King in England did before or after him for he reigned full 53 years and left his son and heire Edward the first not inferiour to himselfe in manhood and vertue who reigned 34. yeares and left a son named Edward the second who falling into the same defects of government or worse then King John his great Grandfather had done was after 1. yeares reigne deposed also by act of Parliament holden at London the yeare 1326. Polyd. l. 18. hist Anglicanae Anno 1326. and his body adjudged to perpetuall prison in which he was at that present in the Castle of Wallingford whither divers both Lords and Knights of the Parliament were sent unto him to denounce the sentence of the Realme against him to wit how they had deprived him and chosen Edward his son in his place Stow in the life of King Edward the 2. for which act of choosing his son he thanked them heartily and with many teares acknowledged his owne unworthinesse whereupon hee was degraded his name of King first taken from him and he appointed to be called Edward of Carnarvan from that houre forward And then his Crowne and ring were taken away and the Steward of his house brake the staffe of his office in his presence and discharged his servants of their service and all other people of their obedience or allegiance toward him and towards his maintenance he had only a 100 marks a year allowed for his expences and then was hee delivered also into the hands of certain particular keepers who led him prisoner from thence by divers other places using him with extreme indignity in the way untill at last they took his life from him in the Castle of Barkley and his son Edward the third reigned in his place who if we respect either valour prowesse length of reigne acts of chevalry or the multitude of famous Princes his children left behind him was one of the noblest Kings that ever England had chosen in the place of a very evill one But what â—hall we say Is this worthinesse which God giveth commonly to the successours at these changes perpetuall or certaine by discent no
truly nor the example of one Princes punishment maketh another to beware for the next successour after this noble Edward which was King Richard the second though he were not his son but his sons son to wit son and heire to the excellent and renowned black Prince of Wales this Richard I say forgetting the miserable end of his great Grandfather for evill government as also the felicity and vertue of his Father and Grandfather for the contrary suffered himselfe to be abused and misled by evill councellours to the great hurt and disquietnesse of the Realme For which cause after he had reigned 22. yeares he was deposed by act of Parliament holden in London the yeare of our Lord 1399. and condemned to perpetuall prison in the Castle of Pomfret Polyd. l. 20. hist Aug. 1399. where he was soon after put to death also and used as the other before had been and in this mans place by free election was chosen for King the noble Knight Henry Duke of Lancaster who proved afterwards a notable King and was father to King Henry the fifth sirnamed commonly the Alexander of England for that as Alexander the great conquered the most part of Asia in the space of 9. or 10. yeares so did this Henry conquer France in lesse then the like time I might reckon also this number of Princes deposed for defect in government though otherwise he were no evill man in life this King Henry the fourths nephew I mean King Henry the sixt who after almost forty yeares reigne was deposed imprisoned and put to death Polyd. l. 23. â—istor Anglie together with his sonne the Prince of Wales by Edward the fourth of the house of Yorke and the same was confirmed by the Commons and especially by the people 〈◊〉 London and afterwards also by publicke Act of Parliament in respect not only of the title which King Edward pretended but also and especially for that King Henry did suffer himselfe to bee overruled by the Queen his wife and had broke the articles of agreement made by the Parliament between him and the Duke of Yorke and solemnly sworne on both sides the 8. of Octob. in the yeare 1459. In punishment whereof and of his other negligent and evill government though for his owne particular life he was a good man sentence was given against him partly by force and partly by law and King Edward the fourth was put in his place who was no evill King and all English men well know but one of the renownedst for martiall acts and justice that hath worne the English Crowne But after this man againe there fell another accident much more notorious which was that Richard Duke of Glocester this King Edwards yonger brother did put to death his two nephews this mans children to wit King Edward the fifth and his little brother and made himselfe King and albeit he sinned grievously by taking upon him the. Crown in this wicked manner yet when his nephews were once dead he might in reason seem to be lawfull King both in respect that he was the next male in blood after his said brother as also for that by divers acts of Parliament both before and after the death of those infants his title was authorised and made good and yet no man wil say I think but that he was lawfully also deposed again afterward by the Commonwealth An. 1487. which called out of France Henry Earle of Richmond to chastise him and to put him downe and so he did and tooke from him both life and Kingdome in the field and was King himselfe after him by the name of King Henry the seventh and no man I suppose will say but that he was lawfully King also which yet cannot be except the other might lawfully be deposed I would have you consider in all these mutations what men commonly have succeeded in the places of such as have been deposed as namely in England in the place of those five Kings before named that were deprived to wit John Edward the second Richard the second Henry the sixt and Richard the third there have succeeded the three Henries to wit the third fourth and seventh and two Edwards the third and fourth all most rare and valiant Princes who have done infinit important acts in their Commonwealths and among other have raised many houses to Nobility put downe others changed states both abroad and at home distributed Ecclesiasticall dignities altered the course of discent in the blood Royall and the like all which was unjust is void at this day if the changes and deprivations of the former Princes could not be made and consequently none of these that doe pretend the Crowne of England at this day can have any title at all for that from those men they descend who were put up in place of the deprived And this may be sufficient for proofe of these two principall points that lawfull Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment and that God hath allowed and assisted the same with good successe unto the Weal-publique and if this be so or might be so in Kings lawfully set in possession then much more hath the said Commonwealth power and authority to alter the succession of such as doe but yet pretend to that dignity if there be due reason and causes for the same The fourth Speech TRuly Sir I cannot deny but the examples are many that this Gentleman hath alleaged and they seeme to prove sufficiently that which you affirmed at the beginning to wit that the Princes by you named were deprived and put downe by their Common-wealths for their evill government And good successors commonly raised up in their places and that the Common-wealth had authority also to doe it I doe not greatly doubt at leastwise they did it de facto and now to call these facts in question were to embroyle and turne up-side-down all the States of Christendome as you have well signified but yet for that you have added this word lawfully so many times in the course of your narration I would you tooke the paines to tell us also by what Law they did the same seeing that Belloy whom you have named before and some other of his opinion doe affirme Belloy apolog catholic part 2. paragraf 9. apol pro rege cap. 9. That albeit by nature the Common-wealth have authority over the Prince to chuse and appoint him at the beginning as you have well proved out of Aristotle and other wayes yet having once made him and given up all their authority unto him he is now no more subject to their correction or restraint but remaineth absolute of himselfe without respect to any but onely to God alone which they prove by the example of every particular man that hath authority to make his Master or Prince of his inferiour but not afterwards to put him downe againe or to deprive him of the authority which he gave him though he should not beare himselfe well and
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 Iâ— Phillippe parle grace de Lieu prochain dâ—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 yâ—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 Evangelâ—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 ancâ—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 vâ—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 ordâ—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 glâ—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 Bishoâ— 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 Gasconiâ— 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
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 Aâ—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 Caâ—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 Aâ—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 â—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 reigâ—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 Caâ—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
acceptance fel on his knees also to prayer that he might observe his promise and other like Ceremonies saith Stow were used and this was done the 13 of Octob. 1359. and therefore upon good reason might this same Arch-Bishop put him afterward in mind of this his Oath as before I have shewed that he did At the admission also of King Edward the fourth 1 the peoples consent was demanded very solemnly in Iohns field by London the 29 of Febr. in the year 1460 notwithstanding that King Edward had proved his Title by succession before in the Parliament holden at Westminster And now this consent of the people being had or he being thus elected at Stowes words are he went the next day in procession at Paules and offered there and after Te Deum being sung he was with great royalty conveyed to Westminster and their in the hall set in the Kings seate with Edwards scepter in his hand and then the people were asked again if they would have him King and they cryed yea yea And if any would take exception against these of King Henry and King Edward the 4 because they entred and began their Reignes upon the deprivation of other Kings then living that are yet many living in England that have seene the severall Coronations of King Edward the 6 Q. Mary Q Elizabeth K. Iames K. Charles and can witnesse that at all and every of their Coronations the consent of the people and their acceptation of those Princes is not only demanded by the publique cry of a Harold at armes which standeth on both the sides of the high Scaffold or stage whereon the Prince is Crowned and the peoples answer expected till they cry yea yea but also that the said Princes gave there their corporall oath upon the Evangelists unto the Bishop that Crowned them to uphold and maintaine faith aforenamed with the Liberties and Priviledges of the Church as also to governe by justice and law as hath been said which oaths no doubt have been sworn and taken most solemnly by all the Kings and Queenes of England from the dayes of King Edward the Confessor at the least and â—e that will see more points of these oaths set down in particuler let him read Magna Charta and he will be satisfyed By all which and by infinite more that might be said and alleadged in this matter and to this purpose it is most evident that this agreement bargain contract between the King and his Common-wealth at his first admission is as certain and firme notwithstanding any pretence or interest he hath or may have by succession as any contract or marriage in the world can be when it is solemnized by words de praesenti as our law speaketh between parties espoused before by words de futuro which is an act that expresseth this other most lively and consequently I must needs affirme it to be most absurd base and impious That only succession of bloud is the thing without further approbotion which maketh a King and that the peoples consent to him that is next by birth is nothing at all needfull be he what he will and that his admission inunctiâ—n or Coronation is only a matter of externall Ceremony without any effect at all for increase or confirmation of his right these I say are vnlearned fond and wicked assertions in flattery of Princes to the manifest ruine of Common-wealths and perverting of all Law order and reason The sixt Speech COncerning the interest of Princes before their Coronation most of them have not failed to find as shamles flatterers as themselves were either vaine or wicked Princes and for my part I am of opinion that the propositions of Belloy did rather hurt and hinder then profit the Prince for whom and in whose favour he writ them is the King of Navara whom hereby be would have admitted to the Crowne of France without all consent or admission of the Realm But I for my part as I doubt not greatly of his title by propinquity of bloud according to the law Salique so on the other side am I of opinion that these propositions of Belloy in his behalf that he should have entered by only title of birth without condition consent or approbation of the Realm as also without Oath Anointing or Coronation yea of necessity without restraint or obligation to fulfill any law or to observe any priviledges to Church Chapell Cleargy or Nobility or to be checked by the whole Realm if he rule amisse these things I say are rather to torify the people and set them more against his entrance then to advance his title and therefore in my poore judgment it was neither wisely written by the one not politiquely permitted by the other And to the end you may se what reason I have to give this censure I shall here set down his own propositions touching this matter as I find them in his own words First then he avoucheth that all families which enjoy Kingdoms on the world were placed therein by God only aud that he alone can chang the same which if he referr unto Gods universal providence quae attingit à fine vsquae in finem fortiter â—s the Scripture saith and without which a sparrow falleth not to the ground as our Saviour testyfieth Matt. 6. no man will deny but all is from God either by his Ordinance or permission but if we talke as we do of the next and immediate causes of an Empyres Princes and of their changes cleere it is that men also do and may concurre therein and that God hath left them lawfull authority so to do and to despose thereof for the publique benifit as largly before hath been declared and consequently to say that God only doth these things and leaveth nothing to mans judgment therein is against all reason use and experience of the world The second proposition of Belloy is that where such Princes be once placed in Government and the Law of succession by birth established there the Princes children or next of kin do necessarily succeed by only birth without any new choice or approbation of the people Nobility or Clergy or of the whole Common-wealth together Apolog. Cathol part 1. parag 7. And to this assertion he joyneth an other as strange as this which is that a King never dyeth for that whensoever or howsoever he ceaseth by any meanes to Governe then entreth the successor by birth not as heyre to the former but as lawfull governour of the Realm without any admission at all having his authority only by the condition of his birth and not by addoption or choice of any Apolog. pro Rege c. 6. 34. Which two propositions albeit they have been sufficiently refuted by that which hath been spoken in the last two chapters going before yet shall I now again convince more amply the untruth thereof Other two propositions he addeth Apolog. Cathol part 2. parag 7. pro Rege c. 9. That a Prince once entred to
England had two K. Henries living at one time with equall authority and this was done in the 16. year of his Reign and in the year of our Lord 1170 but his device had no good successe for that K. Henry the younger made war soone after upon K. Henry the elder and had both the Kings of France and Scotland and many Nobles of England and Normandy to take his part for which cause it is thought that this thing hath never been put in practise again since that time in England but yet hereby it is evident what the opinion of the world was in those daies of the force of Coronation and admission of the Common-wealth and how little propinquity of bloud prevaileth without that The Seaventh Speech I Should begin with the Grecian Kings it were infinite that might be alleadged and perhaps some man would say they were over old and far fetched examples and cannot be presidents to us in these ages and if I lay before you the examples of Roman Kings and Emperours put in and out against the Law aed Rights of succession the same men perhaps will answer that it was by force and injury of mutinons souldiers whereunto that Common-wealth was greatly subject And if I shâ—uld bring forth any presidents and examples of holy Scripturs some other might chance to reply that this was by particuler priviledge wherein God Almighty would deale and dispose of things against the ordinary course of mans law as best liked himselfe whose will is more then Law and whose actions are right it selfe for that he is Lord of all and to be limitted by no rule or law of man but yet that this is not properly the Act of a Common-Welth Thus I say it may be that some man would reply and therefore having store enough of plain and evident matter which hath no exception for that it hath happened in setled Common-Wealths and those near home where the law of succession is received and established to wit in Spayne France and England I shall retyre my selfe to them alone but yet putting you in mind before I passe any further that it is a matter much to be marked how God dealt in this point with the people of Israel at the begining 1. Règ. 8. after he had granted to them that they should have the same government of Kings that other Nations round about them had whose Kings did ordinarily reigne by succession as ours do at this day and as all the Kings of the Jewes did afterwards and yet this notwithstanding God at the beginning at the very entrance of their first Kings would shew plainly that this Law of succeeding of the one the other by birth and propinquity of blood though for the most part it should prevaile yet that it was not so precisely necessary but that upon just causes it might be altered For proofe whereof we are to consider that albeit he made Saul a true and lawfull King over the Iewes and consequent also gave him all Kingly priviledges benefits and prerogatives belonging to that degree and state whereof one principal as you know is to have his Children succeed after him in the Crowne yet after his death God suffered not any one of his generation to succeed him though he left behinde him many Children and among others Isboseth a Prince of 40. Yeares of age 2. Reg. 1. and 21. whom Abner the generall captain of that nation with eleaven tribes followed for a time as their lawfull Lord and master by succession untill God cheked them for it and induced them to reiect him though heire apparent by discent and to cleave to David newly elected King who was a stranger by Birth and no King at all to the King deceased And if you say here that this was for the sinne of Saul whom God had reiected I do confesse it but yet this is nothing against our purpose for that we pretend not that a Prince that is next in blood can iustly be put back except it be for his own defects or those of his ancestors And more over I would have you consider that by this it is evident that the fault of the father may prejudicate the sonnes right to the Crowne albeit the sonne hath no part in the fault as we may see in this example not only of Ishboseth that was punished and deprived for the offence of Saul his Father notwithstanding he had been proclaimed King as hath been said but also of Ionathus Saules other sonne who so good a man and so much praised in holy Scripture and yet he being slaine in Warr and leaving a sonne named Mephiboseth he was put back also 2. Reg. 5. though by nearenesse of blood he had great interest in the succession and much before David But David being placed in the Crowne by election free consent and admission of the people of Israell as the Scripture plainly testifieth though by motion and direction of God himself we must confesse 2. Reg. 2 and 5. and no man I think will deny but that he had given unto him therewith all Kingly priviledges prehemiences and regaliâ—ies even in the highest degree as was conveniene to such a state and among other the Scripture expresly nameth that in particuler it was assured him by God that his seed should reigne after him yea and that for eveâ— Psal 131. 2. Paral. 6. but yet we do not find this to be performed to any of his elder sonnes as by order of succession it should seeme to appertain no nor to any of their of spring or discents but only to Solomon which was his younger and tenth sonne and the fourth only by Barsabe True it is that the Scripture recounteth how Adonias Davids elder sonne that was of rare beauty a very goodly young Prince seeing his Father now very ould and impotent and to lie on his death bed and himselfe heire apparent by antiquitie of blood after the death of Absalon his elder brother that was slain before he had determined to have proclaimed himselfe heir apparent in Ierusalem before his Father died 1. Reg. 1. and for that purpose had ordained a great assembly and banquet had called unto it both the high priest Abiather and diverse of the Cleargie as also the generall Captaine of all the army of Israell named Ioah with other of the Nobillity and with them all the rest of his bretheren that were sonnes to King David saving only Solomon togeather with many other Princes and great men both spirituall and temporall of that estate and had prepared for them a great feast meaning that very day to proclaime himselfe heire apparent to the Crowne and to be Crowned as indeed by succession of blood it appertained unto him and this he attempted so much the rather by councell of his friends for that he saw the King his Father very ould and impotent and ready to die and had taken no order at all for his successor and moreover Adonias had understood how that Bersabe Solomons Mother
his uncles own hands in the castle of Roan thereby to make the titlâ— of his succession more cleare which yet could not be for that as well Stow in his chtonicle as also Matthew of vvestminster and others before him do write that Geffry beside 〈◊〉 sonne left two daughters by the Lady Constance his wife Countesse and heâ—r of Britâ—ain which by the law of England should have succeeded before Iohn but of this small accompt seemed to be made at that day Some yeares after when the Barons and states of England miâ—liked utterly the government and proceeding of this King Iohn they rejected him againe and chose Lewis the Prince of France to be theiâ— King 3216 and did swear feaâ—ty to him in London as before hath bin said and they depâ—iâ—â—ed also the young prince Henry his sonne that was at that time but of 8 years old but upon the death of his father King Iohn that shorty â—fter insued they recalled againe that sentence and admitted this Henry to the Crown by the name of King Henry the third and disanulled the a leageance made unto Lewis Prince of France and so king Henry raigned for tâ—e 53 yeares afterward the â—ongest reign as I think that any before or after â—im hath had in England Moreover you â—now from this king Henry the third dâ— take thâ—ir first beginning the two branches at Yorke and Lâ—ncastee wihch after feâ—â— to fo great contention about the crown Into which if we would enter we should see plainely as before hath beene noted that the best of all their titles after their deposition of king Richard the second depended of this authority of thâ— comâ—on-wealth fot that as the people were affected and the greater part prevailed â—o â—ere their titles either a lowed confirmed altered or disanulled by Parliament yet may not we well affirm but that either part when they were in possession and confirmed herein by these Parliaments were lawfuâ—l kings and that God concurred with them as with true princes for government of the people for if we should deny this point great incouveniences wouâ—d oâ—ow and we should shake the states of most princes in the world at this day And to concâ—ude as one the one side proâ—inquity of bâ—ood is a great â—reheminence towards the atteining of any Crowne so doth it not ever bind the common weaâ—th to yeeld there-unto if weightier reasons shauld urge them to the contrary neither is the Common-wealth bound bound alwayes to shut her eyes and to admit at â—p-hazard or of necessity every one that is next by succession of bâ—oud as some faâ—seâ—y and fondly aâ—â—meth but rather she is bound to consider well and maturely the person that iâ— to enter whether he be â—ike to perform his duty and charge committeed or no for thâ—t otherwise to admitt him that is an enimy or unfitis but to destroy the Common wealth and him tâ—gether This is my opinion aud this seemeth to me to be conform to al reason awâ— religion pâ—ery wisdome poâ—â—icy and to the use aud customs of all well governed common-weaâ—thes in the world neither do I meane to prejudice any any princes pretence or succession to any crown or dignity in the world but rather do hold that he ought to enjoy his preheminence but yet that he 〈◊〉 not prâ—judicall thereby to the whole body which is ever 〈◊〉 be respected more then any one person whatsoever The ninth Speech ACcording to law both civill and Canon which is great reason it is a matter most certaine that he who is judge and hath to give sentence in the thing it selfe is also to judge of the cause for thereof is he called judge and if he have authority in the one good reason he should also have power to discerne the other so as if we grant according to the forme and proofes that the Realme or Common-wealth hath power to admit or put back the Prince or pretender to the Crowne then must we also confesse that the same Common wealth hath authority to judge of the lawfulnesse of the causes and considering further that it is in their owne affaire and in a matter that hath his whole beginning continuance and subsistance from them alone I meane from the Common wealth for that no man is King or Prince by institution of nature as before hath been declared but every King and Kings son hath his dignity and preheminence above other men by authority onely of the Common wealth God doth allow for a just and sufficient cause in this behalfe the onely will and judgement of the weal publick it selfe supposing alwayes as in reason we may that a whole Realme will never agree by orderly way of judgement for of this onely I meane and not of any particular faction of private men against the heyre apparent to exclude or put back the next heyr in blood and succession without a reasonable cause in their sight and censurre And seeing that they only are to be judges of this case we are to presume that what they determine is just and lawfull for the time and if at one time they should determine one thing and the contrary at another as they did often in England during the contention between York and Lancaster and in other like occasions what can a private man judge otherwise but that they had different reasons and motions to leade them at different times and they being properly lords and owners of the whole busines committed unto them it is enough for every particular man to subject himselfe to that which his Common wealth doth in this behalfe and to obey simply without any further inquisition except he should see that open injustice were done therin or God manifesty offended and the Realme indangered Open injustice I call when not the true Common wealth but some faction of wicked men should offer to determine this matter without lawfull authority of the Realme committed to them and I call manifest offence of God and danger of the Realme when such a man is preferred to the Crowne as is evident that he wil do what lyeth in him to the prejudice of them both I mean both of Gods glory and the publick wealth as for example if a Turk or Moor or some other notorious wicked man or tyrant should be offered by succession or otherwise to governe among Christians in which cases every man no doubt is bound to resist what hee can for that the very end and intent for which all government was first ordeined is herein manifestly impugned From this consideration of the weal publick are to be reduced all other considerations of most importance for discerning a good or evill Prince For that whosoever is most likely to defend preserve and benefit most his Realme and subjects he is most to be allowed and desired as most conforme to the end for which government was ordained And on the contrary side he that is least like to do this deserveth least to be preferred and here doth