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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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that her Mother Lady Elenor was their sister daughter to K. Henry the 2. and K. Iohn made this mariage therby to make peace with the French was content to give for her dowry for that he could not tell how to recover them again all those Townes Countries which the said K. Phil. had taken upon the English by this Kings evill Government in Normandy Gascoyn and moreover promise was made that if P. Henry of Spain that was the only brother to the said Lady Blanch should dye without issue as after he did then this Lady should succeed in the Crown of Spain also but yet afterward the State of Spain would not perform this but rather admitted her younger sister Dona Berenguela maryed to the Prince of Leon and excluded both Blanch her son the King S Luis of France against the evident right of succession propinquity of bloud the only reason they yeelded hereof was not to admit strangers to the Crown as Garabay testifieth This hapned then I do note by the way that this Dona Berenguela second daughter of Q. Elenor the English woman was maried as hath bin said to the Prince of Leon had by him Don Fernando the 3. of that name K of Castilia surnamed also the Saint so as the two daughters of an English Queen had two Kings Saints for their Sons at one time the elder of France the yonger of Spain After this again about 60 yeers the Prince of Spain named Don Alonso surnamed de la cerda for that he was borne with a great gristle haire on his breast called cerda in Spanish which Don Alonso was Nephew ●o the King Fernando the Saint marryed with the daughter of S. Lewis K. of France named also Blancha as her grand mother was had by her two sons called Alonso Hernando de la cerda as the Prince their Father was named which Father of theirs dying before the King the Grand father left them commended to the Realm as lawful heire apparent to the crowne yet for that a certain Uncle of theirs named Don Sa●cho younger brother to their father which Don Sancho was surnamed afterward el brav● for his valour and was a great Warrier and more like to manage wel the matters of war then they he was made heir apparent of Spain add hey putb●ck in their Grandfa●hers time and by his and the Realms consent their Father as I have said being dead and this was done at a generall Parliament holden at Segovia in the yeer 1276. and after this Don Sancho was made King in the yeer 1284 the two Princes put into prison but afterward at the suit of their Uncle King Philip the 3 of France they were let out again endued with certain lands so they remain unto this day and of these do come the Dukes of Medina Celi all the rest of the hou●e of Cerda which are of much Nobility in Spain at this time K. Philip that reigneth cometh of Don Sancho the yonger Brother Not long after this again when Don Pedro surnamed the cruel King of Castile was driven cut his bastard brother H 2. set up in his place the Duke of Lancaster John of Gant Gar. l. 15. c. 1. an 1363. having maried Dona Constantia the said King Padroes daughter and heir pretended by succession the said● Crowne of Castile as indeed it appert●ined unto him but yet the State of Spain denyed it flatly and defended it by arms they prevailed against John of Gant as did also the race of H the B●stard against his lawfull brother the race of Don Sancho the uncle against his lawfull nephews that of Dona Berenguela against her elder sister all which races do reign unto this day these three changes of the true line hapned within two ages and in the third and principall discent of the Spanish Kings when this matter of suceession was most assuredly perfectly established yet who will deny but that the Kings of Spain who hold by the latter titles at this day be true lawfull Kings Well one example will I give you more out of the kingdom of Portugal so will I make an end with there countries This king Henry the bastard last named 〈◊〉 Spain had a son that succeeded him in the crown of Spain named Iohn the 1 who marryed the daughter he●r named Dona Beatrix of k Fernando the 1. of Portugal but yet after the death of the said k. Fernando the States of Portugall would never agree to admit him for their King for not subjecting themselvs by that means to the Castilians for that cause they rather took for their king a bastard brother of the said late k. Don Fernando whose name was Dondulan a youth of 20 yeers old who had bin Master of a military order in Portugal named de Avis so they excluded Dona Be●tr●x Q. of Cast l. that was their lawfull heire chose this young man marryed him afterwards to the Lady Philip da●ghter of Iohn of Gaunt D. of Lancaster by h●s first wife Blanch Duches heir of Lancaster in whose right the kings of Portugall their discendents do pretend unto this day a certain interest to the house of Lancaster Hereby we see what an ordinary matter in hath been in Spain Portugall to alter the line of next succession upon any reasonable consideration which they imagned to be for their weal publike and the like we shall find in France and England The eighth Speech AS concerning the state of France although since the entrance of their first king Pharaniond with his Franks out of Germany which was about ●he yeere of Christ 419. they have never had any stranger come to wear their crown which they attribute to their law Salike that forbiddeth women to reign ye among themselves have they changed twise their whole race linage of kings once in the entrance of k. Pepin that put out the line of Pharamond about the yeer 751. again in the promotion of k. Hugo Capetus that put out the line of Pepin in the yeer 983. so as they have had 3 discents races of Kings as well as the Spaniards the first of Pharamond the 2. of Pepin and the 3. of Capetus which endureth to this present if it be not altered now by the exclusion that divers pretend to make of the King of Navar and other Princes of the bloud Royall of the house of Burbon I will here set p●sse the first rank of all of the French Kings for that some men say perhaps that the common wealth and law of succession was not so well setled in those days as it hath been afterward in time of k. Pepin Charles the great and their discendanta● as also for that it were in very deed over edious to examine and peruse all three ranks or kings in France as you will say when you shall see what store I have
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
named Ethelw●lfe or Ad●●ulte or Edolph an 829. for all is one who succeeded him in the kingdom and was as worthy a man as his Father and this Adeluulfe again had four lawfull Sons who all in their turns succeeded by just and lawfull order in the crown to wit Ethelbald Ethelbert Ethelred and Alfred for that none of the former three had any children and all the latter three were most excellent Princes especially Alfred or Alured the last of all four whose acts are wonderfull an 8●2 and who among other his renowned Guests drove Rollo that famous Captain of the Danes from the Bo●ders of England with all his company into France where he got the country or Province named then Neustria and now Normandy and was the first Duke of that Province and Nation and from whom our William Conquerour came afterwards in the 6. discent This man also erected the University of Oxford being very learned himselfe builded divers good Monasteries and Churches dying left as famous a Son behind himself which was Edward the first surnamed the senior or elder Anno 900. This King Edward dying left two Sons lawfully begotten of his wife Edgina the one named Prince Edmund the other E●●●ed and a third illegitimate whose name was Adelstan whom he had by a Concubine But yet for that this man was esteemed to be of more valour then the other he was preferred to the crown before the other two Princes legitimate an 924 for so testifieth Po●dor in these words Ad●●anus ex concubina Edwardi filius rax a populo consalutatur atque ad Kingstonum opidum more majorum ab Ath●●lmo cautuariensi Arel lepiscopo cor●natur Pol. l. 5. hist ang which is Adelstan the Son of K. Edward by a Concubine was made King by the People and was crowned according to the old custome by Athelme Archbishop of Canterbury at the town of Kingston Thus far Polidor and Stow addeth further these words His coronation was celebrated in the Market place upon a stage erected on high that the King might better be seen of the multitude he was a Prince of worthy memory valiant and wise in all his acts and brought this land into one perfect Monarchy for the expelled utterly the Danes and quieted the Welch men Stow p. 136. an 924. Thus much Stow of the snccesse of chusing this King bastard to reign To whose acts might be added that he conquered Scotland and brought Constantine their King to doe him homage and restored Lewis d'Outremer his sisters Son to the Kingdom of France an 940. This man dying without issue his lawfull brother Edmond put back before was admitted to the crown who being of excellent expectation dyed after 6 yeers and left two lawfull sons but yet for that they were young they were both put back by the Realm their uncle E●dred was preferred before them an 946. so saith Palidor Genu●t Edmondus ex Egilda uxore Edvinuus Edganum qui cum etate pueri esse●● post Eldredum deinder regnarunt Pol l. 6. King Edmond begat of his wife Egilda two Sons named Edwin and Edgar who for that they were but children in yeers were put back and reigned afterward after their uncle Eldred The like saith Stow and yeeldeth the same reason in these words Eldred succeeded Edmond his b●other for that his Sons Edwin and Edgar were thought to young to take so great a charge upon them This Eldred though he entred as you see against the right of the Nephews yet saith Polidor and Stow that he had all mens good will and was crowned as his brother had been at Kingston by Odo Archbishop of Canterbury and reigned 9 yeers with great good will and praise of all men He dyed at last without issue aud so his elder Nephew Edwin was admitted to the crown but yet after 4 yeers he was deposed again for his lewd vicious life and his younger brother Edgar admitted in his place in the yeer of Christ 959. This King Edgar that entred by deposition of his brother was one of the rarest Princes that the world had in his time both for peace and war justice piety and valour Stow saith he kept a Navy of 3000. and 600 ships distributed in divers parts for defence of the Realm Also that he built and restored 47 Monasteries at his own charges and did other many such acts He was Father to King Edward the Martyr and Grandfather to K. Edward the confessor though by two different wives for by his first wife named Egilfred ●hee had Edward after martyrized and by his second wife Alfred he had Etheldred Father to Edw. the confessour and to the end that Etholdred might reign his mother Alfred caused K. Ed. the son of Egilfred to be slain after King Edgar her husband was dead After this so shamefull murther of K. Edw many good men of the Realm were of opinion not to admit the succession of Etheldred his half brother both in respect of the murther of K. Ed. his elder brother committed for his sake as also for that he seemed a man not fit to govern and of his opinion among others was the holy man Dunston Archbishop of Canterbury as Polidor saith Pol. l. 7. hist Ang. who at length in flat words denyed to consecrate him but seeing the most part of the Realm bent on Etheldreds side he foretold them that it would repent them after and that in this mans life the Realm should be destroyed as indeed it was and he ran away to Normondy and left Sweno and his Danes in possession of the Realm though afterward being dead hee returned againe and dyed in London This Etheldred had two wives the first Ethelgina an English woman by whom he had Prince Edward surnamed Iron-side for his great strength and valour who succeeded his Father in the Crown of England for a yeer and at his death left two Sons which after shall be named And besides this Etheldred had by his first wife other two Sons Edwin and Adelston and one Daughter named Edgina all which were either slain by the Danes or dyed without issue The second Wife of Etheldred was called Emma sister to Richard Duke of No●mondy who was Grandfather to William the Conquerour to wit Father to Duke Robert that was Father to William So as Emma was great Aunt to this William and shee bare unto King Atheldred two Sons the first Edward who was afterward named King Edward the Confessor and Alerud who was slain trayterously by the Earl of Kent After the death also of King Etheldred Queen Emma was marryed to the Dane King Canutus the first of that name surnamed the Great that was King of England after Etheldred and Edmond Ironside his Son and to him she bare a Sonne named Hardicanutus who reigned also in England before King Edward the Confessour Now then to come to our purpose hee that will consider the passing of the Crown of England from the death of Edmond Iron-side elder Sonne
of King Etheldred untill the possession thereof gotten by William Duke of Normandy to wit for the space of 50 yeers shall easily see what Authority the Common-wealth hath in such Affaires to al●er Titles of Snccession according as publique necessity or utility shall require for thus briefly the matter passed King E●●ldred seeing himself to weak for Sweno the King of Danes that was entred the Land fled with his wife Emma and her two children Edward and Alerud unto her brother Duke Richard of Normandy and there remained untill the death of Sweno And he being dead Etheldred returned into England made a certain agreement and division of the Realme between him and Canutus the Son of Sweno and so dyed leaving his eldest sonne Edmond Iron-side to succeed him who soone after dying also left the whole Realm to the said Canutus and that by plain covenant as Canutus pretended that the longest liver should have all Whereupon the said Canutus took the two children of King Edmond Iron-side named Edmond and Edward and sent them over into Swethland which at that time was also subject unto him And caused them to be brought up honourably of which two the elder named Edmond dyed without issue but Edward was marryed and had divers children Eth●ldred and his Son Edmond being dead Canutus the Dane was admitted for King of England by the whole Parl●ament and consent of the Realm anno 1018. and crowned by Alerud Archbishop of Canterbury as Polidor saith and he proved an excellent King and went to Rome and was allowed by that See also He did many works of charity shewed himself a good Christian and very loving and kind to Englishmen marryed Queene Emma an English woman and mother to King Edward the Confessour and had by her a Son named Hardicanutus and so dyed and was much mourned by the English after he had reigned twenty yeers though his entrance and title was partly by force and partly by election as you have heard After this Canutus the first surnamed the Great for that he was King joyntly both of England Norway and Denmark was dead Polidor saith that all the States of the Realm met together at Oxford ●o consult whom they should make King and at last by the more part of voyces was chose Harald the first Sonne of Canutus by a Concubine King Harald the Bastatd 1038. Polid. l. 8. Hist Ang. By which election we see injury was done to the line all succession of three parties First to the Sons of king Edmond Iron-side that were in Swethland Then to the Princes Edward and Ajerud sons to king Etheldred and brothers to Iron-side that were in Normondy And thirdly to Hardie mutus son to Canutus by his lawfull wife Emma to whom it was also assured at her marriage that her issue should succeed if she had any by Canutus After the death of this Harald who dyed in Oxford where he was elected within 3 yeers after his election there came from Denmark Hardicanutus to claim the crown that his Father Brother had possessed before him of whose coming Polidor saith libentissimis animis accipitur communiqve omnium consensu rex dicitur an 1041. He was received with great good will of all and by common content made King this was done by the States without any respect had of the succession of those Princes in Normondy Swethland who by birth were before him as hath been shewed this is the second breach after lineal discent after Elthred But this Hardicanutus being dead also upon the sudden 〈◊〉 a certaine banket in Lambeth by London without issue within two yeers after his Coronation the states of the Relm had de●ermined to chuse Aludred for their king who was yonger b●other to Edw. for that cause sent for him out of Normondy as polid recounteth had made him K. without all doubt for that he was esteemed more stirring valiant then his elder brother Edw. had not E. Goodwin of Kent fearing the youngmans stomack raised a strong faction against him thereupon also caused him to be tray●eronsly murthered as he passed through Kent towards London nor had the State here in any respect to Antiquity of bloud for that before Alured were both 〈◊〉 own elder brother P. Ed. who after him was chosen King and before them both were Edm Edw. the children of their elder brother Edmond Iron 〈◊〉 and this the third breach of lineall discent But this notwithstanding Alerud being slain P. Edw. was made King tanta publica lat tia saith Polidor vt certatim pro ejus faelici principatu cuncti vota facerent that is he was made King with such universall joy contentment of all men as every man contended who should pray and make most vows to God for his happy reign and according to this was the successe for he was a most excellent Prince and almost miraculously he reigned with great peace void of all war at home abroad for the space of almost 20 yeers after so infinit broyls as had beene before him ensued after him yet his title by succession cannot be justified as you see for that his eldest brothers Son was then alive to wit Prince Edw. surnamed the outlaw who in this Kings reign came into England brought his wife three lawfull children with him to wit Edgar Margaret and Christian but yet was not this good K. Edw. so scrupulous as to give over his kingdome to any of them or to doubt of the right of his own title which he had by election of the Common-wealth against the order of succession This K. Edward being dead without issue Polidor saith that the States made a great consultation whom they should make King first of all it seemeth they excluded him that was only next by propinquity in bloud which was Edgar Aledin son to the said Prince Edw. the outlaw now departed and Nephew to K. Edmond I tonside the reason of this exclusion is alleadged by Pol. l. 8. in these words is puer id aetatis nondum regno gubernando maturus erat that is he bein● a child of so small yeers was not ripe enough to govern the kingdom and then he saith that Harald son of Earl Goodwin by a daughter of Canutus the first proclaymed himself King an 10●● morover he addeth Nond spt cuit omninoid factum populo qui plurimum spei in Haraldi virtue habehat itaque more majorum sacratus est which is this fact of Harald displeased not at all the people of England for that they had great hope in the vertue of this Harald so was he annoin●ed crowned according to the fashion of the ancient Kings of England by which words we may see that Harald had also the approbation of the Realm to be King notwithstanding that little Edgar was present as hath been said so as this was the 4. breach of succession at this time But in the mean space William Duke of Normandy
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
his uncles own hands in the castle of Roan thereby to make the titl● 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 he●r of Brit●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 mi●liked utterly the government and proceeding of this King Iohn they rejected him againe and chose Lewis the Prince of France to be thei● King 3216 and did swear fea●ty to him in London as before hath bin said and they dep●i●●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 ●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 t●e 53 yeares afterward the ●ongest reign as I think that any before or after ●im hath had in England Moreover you ●now from this king Henry the third d● take th●ir first beginning the two branches at Yorke and L●ncastee wihch after fe●● 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 th● com●on-wealth fot that as the people were affected and the greater part prevailed ●o ●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 lawfu●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 wou●d o●ow and we should shake the states of most princes in the world at this day And to conc●ude as one the one side pro●inquity of b●ood is a great ●reheminence towards the atteining of any Crowne so doth it not ever bind the common wea●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 ●p-hazard or of necessity every one that is next by succession of b●oud as some fa●se●y and fondly a●●meth but rather she is bound to consider well and maturely the person that i● to enter whether he be ●ike to perform his duty and charge committeed or no for th●t otherwise to admitt him that is an enimy or unfitis but to destroy the Common wealth and him t●gether This is my opinion aud this seemeth to me to be conform to al reason aw● religion p●ery wisdome po●●icy and to the use aud customs of all well governed common-wea●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 pr●judicall thereby to the whole body which is ever 〈◊〉 be respected more then any one person whatsoever The ninth Speech ACcording to law both civill and Canon which is great reason it is a matter most certaine that he who is judge and hath to give sentence in the thing it selfe is also to judge of the cause for thereof is he called judge and if he have authority in the one good reason he should also have power to discerne the other so as if we grant according to the forme and proofes that the Realme or Common-wealth hath power to admit or put back the Prince or pretender to the Crowne then must we also confesse that the same Common wealth hath authority to judge of the lawfulnesse of the causes and considering further that it is in their owne affaire and in a matter that hath his whole beginning continuance and subsistance from them alone I meane from the Common wealth for that no man is King or Prince by institution of nature as before hath been declared but every King and Kings son hath his dignity and preheminence above other men by authority onely of the Common wealth God doth allow for a just and sufficient cause in this behalfe the onely will and judgement of the weal publick it selfe supposing alwayes as in reason we may that a whole Realme will never agree by orderly way of judgement for of this onely I meane and not of any particular faction of private men against the heyre apparent to exclude or put back the next heyr in blood and succession without a reasonable cause in their sight and censurre And seeing that they only are to be judges of this case we are to presume that what they determine is just and lawfull for the time and if at one time they should determine one thing and the contrary at another as they did often in England during the contention between York and Lancaster and in other like occasions what can a private man judge otherwise but that they had different reasons and motions to leade them at different times and they being properly lords and owners of the whole busines committed unto them it is enough for every particular man to subject himselfe to that which his Common wealth doth in this behalfe and to obey simply without any further inquisition except he should see that open injustice were done therin or God manifesty offended and the Realme indangered Open injustice I call when not the true Common wealth but some faction of wicked men should offer to determine this matter without lawfull authority of the Realme committed to them and I call manifest offence of God and danger of the Realme when such a man is preferred to the Crowne as is evident that he wil do what lyeth in him to the prejudice of them both I mean both of Gods glory and the publick wealth as for example if a Turk or Moor or some other notorious wicked man or tyrant should be offered by succession or otherwise to governe among Christians in which cases every man no doubt is bound to resist what hee can for that the very end and intent for which all government was first ordeined is herein manifestly impugned From this consideration of the weal publick are to be reduced all other considerations of most importance for discerning a good or evill Prince For that whosoever is most likely to defend preserve and benefit most his Realme and subjects he is most to be allowed and desired as most conforme to the end for which government was ordained And on the contrary side he that is least like to do this deserveth least to be preferred and here doth
England had two K. Henries living at one time with equall authority and this was done in the 16. year of his Reign and in the year of our Lord 1170 but his device had no good successe for that K. Henry the younger made war soone after upon K. Henry the elder and had both the Kings of France and Scotland and many Nobles of England and Normandy to take his part for which cause it is thought that this thing hath never been put in practise again since that time in England but yet hereby it is evident what the opinion of the world was in those daies of the force of Coronation and admission of the Common-wealth and how little propinquity of bloud prevaileth without that The Seaventh Speech I Should begin with the Grecian Kings it were infinite that might be alleadged and perhaps some man would say they were over old and far fetched examples and cannot be presidents to us in these ages and if I lay before you the examples of Roman Kings and Emperours put in and out against the Law aed Rights of succession the same men perhaps will answer that it was by force and injury of mutinons souldiers whereunto that Common-wealth was greatly subject And if I sh●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 regali●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 eve● 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
crown of whose election Morales writeth these words Muerto el Rey Don Alonso el casto fue eligido por los perlados grandes del reyno l Rey Don Ramiro primero deste nombre hyo del Rey Don vermudo el diacono Mor. c. 11. That is the K. Don Alonso the chaste being dead there was chosen K. by the Prelats Nobility of the Realm Don Ramiro the first of this name Son of K Vermudo the Deacon who resigned his crown to Don Alonso and it is to be noted th●t albeit this Don Ram●ro was next in bloud to the succession after the death of his uncle Don Alonso without children yet was hee chosen by the States as here it is said in expresse words Moreover it is to be noted that albeit this Author Ambrosio Morales other Spanish Writers do say that in the time of this K Ramiro the law of succession by propinquity in blond was so revived strongly confirmed that as the kingdom of Spain was made as Majorasgo as he termeth it which is an inheritance so intailed and tyed only to the next bloud as there is no possibility ●o alter the same and that from this time forward the King always caused his eldest Son to be named King or Prince so ever to be sworn by the Realm and Nobility yet shall we find this Ordinance and succession oftentimes to have been broken upon severall considerations as this Author himself in that very chapter confesseth As for example after four discents from this man which were Don Ordonio the 1. this mans Son and Don Alonso the 3. Don Garzia and Don Ordonio the second all four Kings by orderly succession it hapned that in the yeer of Christ 924. Don Ordonio the second dying left four Sons and one daughter lawfully begotten and yet the State of Spain displaced them all and gave the kingdom to their Uncle Don Fruela second brother to their Father Don Ordonio and Morales saith Mor. l. 16. cap. 1. an 924. ●hat there appeareth no other reason hereof but only for that these Sons of the King deceased were young and not so apt to govern well the Realm as their uncle was But after a yeers Reign this King Fruela dyed also left divers children at mans estate then did the Spaniards as much against them as they had done for him before against the children of his elder brother For they put them all by the crown and chose for their King Don Alonso the 4 which was eldest Son to Don Ordonio the 2. be●ore named that had been last King saving one and this man also I mean Don Alonso the 4 leaving afterward his Kingdom betaking himself to a religious habit offered to the Common●welth of Spain his eldest Son lawfully begotten named Don Ordonio to be their King but they refused him and tooke his Brother I meane this Kings Brother Uncle to the young Prince named Don Ramiro Moral lib. 19. cap. 20. An. 930. who reigned 19 yeers was a most excellent King gained Madrid from the Moors though noted of cruelty for imprisoning and pulling out the eyes afterward of this King Don Alonso the 4. and all his children nephewes for that hee would have left his habit returned to be King again But this fact my au●hor Morales excuseth saying that it was requisit for pcace safety of the Realm so as here you see two manifest alterations of lineal succession together by order of the Common-welth Furthermore after this noble King Don Ramiro the 2. succeeded as heire apparent to the Crown his elder Son Don Ordonio the 3. of his name in the yeer of our Savior 950. but this succession endured no longer then unto his own death which was after 7 yeers for then albeit he left a Son named el enfante Don Vermudo yet he was not admitted but rather his brother Don Sancho the first of his name surnamed el Gordo who was Uncle to the young Prince and the reason of this alteration Morales giveth in these words el succeder en el regno al hermano fue por la racon ordinaria de ser el enfante Don Vermudo nino y no bastante para ●l goviernoy difenca de la terra Mor. l. 16. c. 29. An. 950. which is the cause why the Kings brother not his Son succeeded in the Crown was for the ordinary reason so often before alledged for that the Infant or young Prince Vermudo was a litle child not sufficient for Government and defence of the Country Truth it is that after this Don Sancho had reigned his son heir named Don Ramiro the 3. after him for the space of 30. yeers in all Mor. l. 17. c. 1 2 3 4. Then was this youth Don Vermudo that is now put back called by the relm to the succession of the Crown made King by the name of King Vermudo the 2. who left after him Don Alonso the 5. he again his Son Don Vermudo the 3. who marying his sister Dona Sancha that was his heir unto Don Fernando first Earle then King of Castile who was second Son to Don Sancho Mayor K ing of Navarras before hath been said he j●yned by these means the Kingdoms of Leon Castile together which were separate before so ended the line of Don Pelayo first Christ●n King of Spain after the entrance of the Moors which had endured now 300. yeers the bloud of Navar entred as you see so continued therein untill the entrance of ●●ose of Au●tria as before hath been said which was almost 500. yeers together And thus much I thought good to note out of the stories of Spain for this first discent of the Spanish Kings after the entrance of the Moors neither mean I to passe much further both for that it would be over long as also for that mine Author Morales who is the most diligent that hath written the Chronicles of that Nation endeth here his story with King Vermudo the 3. last of the Gotish bloud Notwithstanding if I would go on further there would not want divers evident examples also to the same purpose which Stephen Garabay another Chronicler of Spain doth touch in the continuation of this story weereof for examples sake only I will name 2 or 3 among the rest And first about the yeer of Christ 1021. there was a marriage made by K Iohn of England for Dona Blancha his Neece that is to say the daughter of his sister Dame El●nor of Don Alonso the 9. of that name King Queen of Spain which Blancha was to marry the Prince of France named Luis son heir to K. Philip surnamed Augustus which Luis was afterward K. of France by the name of Luis the 8. was Father to Luis the 9. surnamed the Saint Car. lib. 11. c. 12. This Lady Blancha was Neece as I have said unto K. Iohn to K. Richard the ● of England for
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