handle her tytle to the crowne of Ingland and the third dyd answer the booke of Ihon Knox the Scott intituled against the monstruous gouerment of women Of al vvhich three pointes for that the second that conserneth the tytle is that vvhich properly appertayneth to out purpose and for that the same is handled agayne and more largely in the second booke set out not longe after by Ihon lesley lord bishope of Rosse in Scotland vvho at that tyme was Embassador for the saide Queene of Scottes in Ingland and handled the same matter more abundantly vvhich M. Morgan had donne before hym I shal saye no more of this booke of M. Morgan but shal passe ouer to that of the bishope vvhich in this point of succession conteyneth also vvhat soeuer the other hath so as by declaring the contentes of the one vve shal come also to see vvhat is in the other The intent then of this book of the bishope of Rosse is to refute the other booke of Hales and Bacon and that especially in the two points before mentioned which they alleaged for their principles to witt about forrayne birth and king Henries testament And against the first of these two pointes the bishop alleageth many proofes that ther is no such maxima in the cōmon lawes of Ingland to disherit a prince borne out of the land from his or her right of succession that they haue by blood And this first for that the statute made for barring of alliens to inherit in Ingland vvhich was in the 25. yeare of the reigne of king Edward the third is only to be vnderstood of particuler mens inheritance and no wayes to be extended to the succession of the crowne as by comparison of many other like cases is declared and secondly for that ther is expresse exception in the same statute of the kings children and of spring and thirdly for that the practise hath alwayes bin contrary both before and after the conquest to vvit that diuers princes borne out of the realme haue succeded The other principle also concerning king Henryes testament the bishop impugneth first by diuers reasons incongruities vvherby it may be presumed that king Henry neuer made any such testament and if he did yet could it not hold in law And secondly also by vvitnes of the Lord Paget that was of the priuy councel in those dayes of Sir Edward Montague lord chiefe iustice and of one VVilliam Clark that set the kings stamp to the writing al which anowed before the councel and parlament in Queene Maryes tyme that the said testament vvas signed after the king vvas past sense and memory And finally the said bishop concludeth that the line of Scotland is the next euery way both in respect of the house of Lancaster and also of York for that they are next heyres to K. Henry the eight who by his father was heyre to the house of Lancaster and by his mother to the house of york But after these three bookes was vvritten a fourth by one Robart Highinton secretary in tyme past to the Earle of Northumberland a man wel read in storyes and especially of our coūtrey who is said to be dead some yeares past in Paris This man impugneth al three formet bookes in diuers principal points and draweth the crowne from both their pretendors I meane as wel from the house of Scotland as from that of Suffolk and first against the booke of Hales and Sir Nicholas Bacon writen as hath bin said in fauour of the house of Suffolk Heghington holdeth with the Bishop and Morgan that thes two principles layd by the other of forayne birth and of king Henries restament against the Scotish line are of no Validity as nether ther reasons for legitrimating of the Earle of Hartfords children vvhich afterward shal be handled And secondly he is against bothe Morgan the Bishop of Rosse also in diuers important points and in the very principal of al for that this man I meane Highington maketh the king of Spayne to be the next and most righful pretender by the house of Lancaster for proofe vvherof he holdeth first that king Henry the 7. had no title in deede to the crowne by Lācaster but only by the house of York that is to saye by his marriage of Queene Elizabeth elder daughter to king Edward the fourth for that albeit himselfe were discended by his mother from Iohn of Gaunt duke of Lancaster yet this vvas but by his third vvife Catherin Swynford and that the true heyres of Blanch his first vvife duches and heyre of Lācaster to whom sayth he apperteyned only the successiō after the death of king Henry the sixth and his sonne with whom ended the line male of that house remayned only in Portugal by the mariage of Lady Phillip daughter of the foresaid Blanch to kinge Ihon the first of Portugal that for as much as king Phillip of Spaine saith this man hath now succeded to al the righte of the kings of Portugal to him appertayneth also the only right succession of the house of Lancaster and that al the other discendents of king Henry the 7. are to pretend only by the title of Yorke I meane aswel the line of Scotland as also of Suffolk and Huntington for that in the house of Lancaster king Phillip is euidently before them al. Thus holdeth Heghington alleaginge diuers stories arguments and probabilities for the same then adioyneth two other propositions which do importe most of al to vvit that the title of the house of Lancaster was far better then that of York not for that Edmond Crokback first founder of the house of Lancaster vvho was sonne to king Henry the third and brother to king Edward the first was eldest to the said Edward and iniurioufly put back for his deformity in body as both the said bishop of Rosse and George Lylly do falsly hold and this man refuteth by many good arguments but for that lohn of Gaunt Duke of Lancaster being the eldest sonne that King Edward the third had a liue when he dyed should in right haue succeded in the crowne as this man holdeth and should haue bin preferred before Richard the second that was the black princes sonne vvho vvas a degree further of from king Edward the third his grandfather then vvas lohn of Gaunt to whom king Edward vvas father and by this occasion this man cometh to discusse at large the opinions of the lawyers vvhether the vncle or the nephew should be preferred in the succession of a crowne to vvit vvhether the yonger brother or the elder brothers sonne if his father be dead vvithout being seased of the same which is a point that in the ciuil law hath great disputation and many great authors on each side as this man sheweth and the matter also wanteth not examples on both pattes in the succession of diuets Inglish kings as our frend the ciuil lawyer did signifie also in his discourse
wherof the first he hath in that he is a man and the other in that he is a Prince For this cause then al common wealthes haue prescribed lawes vnto their Princes to gouerne therby as by a most excellent certayne immutable rule to which sense Cicero said leges sunt inuentae vt omnibus semper vna 〈◊〉 voce loquerentur lawes were inuented to the ende they should speake in one and the 〈◊〉 same sense to al men For which very reason in lyke maner thes lawes haue bin called by Philosophers a rule or square inflexible and by Aristotle in particular a mynde without passion as hath bin said but the Prophet Dauid who was also a Prince king semeth to cal it by the name of Discipline for that as discipline doth keepe al the partes of a man or of a particuler house in order so law vvel ministred keepeth al the partes of a common vvealth in good order and to sheow how seuerely God exacteth this at al Princes handes he sayth these wordes And now learne ye kinges and be instructed you that iudge the world serue God in feare and reioyse in him with trembling embrace ye discipline least he enter into wrath and so ye perish from the way of righteousnes Which wordes being vttered by a prophet and king do conteyne diuers poynts of much cōsideration for this purpose as first that kings and Prince are bound to learne law and discipline and secondly to obserue the same vvith great humility and feare of Gods wrath and thirdly that if they do not they shal perish frō the way of righteousnes as though the greatest plage of al to a Prince weare to lose the way of righteousnes law and reason in his gouerment and to giue himselfe ouer to passion and his owne vvil whereby they are suer to come to shipwrack and thus much of the first helpe The second help that common wealthes haue giuen to their kings and Princes especially in later ages hath bin cerrayne councelles and councellors with whom to consult in matters of most importance as we see the parlaments of Ingland and France the courtes in Spayne and diets in Germany vvithout which no matter of great moment can be concluded and besides this commonly euery king hath his priuy councel whom he is bound to heare and this vvas done to temper somwhat the absolute for me of a Monarchy whose danger is by reason of his sole authority to fal into tiranny as Aristotle vvisely noteth in his fourth booke of politiques shewing the incōuenience or dangers of this gouerment vvhich is the cause that vve haue few or no simple monarchies now in the world especially among Christians but al are mixt lightely with diuers pointes of the other two formes of gouerment also and namely in Ingland al three do enter more or lesse for in that ther is one king or Queene it is a monarchy in that it hath certayne councelles which must be hard it participateth of Aristocratia and in that the commonalty haue their voices and burgesses in parlament it taketh part also of Democratia or populer gouerment al which limitations of the Princes absolute authority as you see do come for the common wealth as hauing authority aboue their Princes for their restraint to the good of the realme as more at large shal be proued hereafter From like authority and for like considerations haue come the limitations of other kings and kingly povver in al tymes and countries from the beginning both touching themselues and their posterity and successors as breefly in this place I shal declare And first of al if we vvil consider the tvvo most renoumed and allowed states of al the world I meane of the Romans and Grecians vve shal finde that both of them began vvith kings but yet vvith far different lawes and restraints about their authorityes for in Rome the kings that succeded Romulus their first founder had as great and absolute authority as ours haue now a dayes but yet their children or next in blood succeded them not of necessity but new kings were chosen partly by the senate and partly by the people as Titus Liuius testifieth so as of three most excellent kings that ensewed immediatly after Romulus to wit Numa Pompilius Tullius Hostilsus Tarqninus Priscus none of them were of the blood royal nor of kyn the one to the other no nor yet Romans borne but chosen rather from among straingers for their vertue and valor and that by election of the senate and consent of the people In Greece and namely among the lacedemonians which vvas the most emynent kingdom among others at that tyme the succession of children after their fathers was more certayne but yet as Aristotle noteth ther authority power was so restrayned by certayne officers of the people named Ephori which commonly vvere fiue in number as they were not only checked and chastined by them if occasion serued but also depriued and some tymes put to death for which cause the said philosopher did iustly mislike this emynent iurisdiction of the Ephori ouer their kings but yet hereby we see vvhat authority the common wealth had in this case and what their meaning vvas in making lawes and restrayning their kings power to wit therby the more to binde them to do iustice which Cicero in his offices vttereth in tbes vvordes Iustitiae fruendae causae apud maiores 〈◊〉 I se Asia in Europe bene morati regesolint sunt constituti c. at cum ius aequabile ab vno viro 〈◊〉 non consequerentur inuentae sunt leges Good kings vvere appoynted in old tyme among our ancestors in Asia and Europe to the end therby to obteyne iustice but when men could not ob teyne equal iustice at one mans handes they inuented lawes The same reason yealdeth the same philosopher in another place not only of the first institution of kingdomes but also of the chainge therof agayne into other gouerments when thes vvere abused Omnes antiquae gentes regibus 〈◊〉 paruerunt c. That is al old nations did liue vnder kingdomes at the beginning which king of gouerment first they gaue vnto the most iust and wisest men which they could finde and also after for loue of them they gaue the same to their posterity ot next in kynne as now also it remayneth vvher kingly gouerment is in vse but other countries which liked not that forme of gouerment and haue shaken of haue done it not that they wil not be vnder any but for that they wil not be euer vnder one only Thus far Cicero and he speaketh this principally in deferice of his-owne cornmō wealth I meane the Roman which had cast of that kinde of gouerment as before hath bin said for the offence they had taken agaynst cessayne kings of thers and first of al agaynst 〈◊〉 himselfe their first founder for 〈◊〉
as Alexander the great conquered the most parte of Asia in the space of 9. or 10. yeares so did this Henry conquere France in lesse then the like tyme. I might recon also in this number of Princes deposed for defect in gouermēt though otherwise he vvere no euel man in lyfe this king Henry the fourths nephew I meane king Henry the sixt vvho after almost forty yeares reigne vvas deposed and imprisoned and put to death also together vvith his sonne the Prince of wales by Edward the fourth of the howse of yorke the same was confirmed by the commons and especially by the people of London and afterwards also by publique 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 be ouerruled by the Queene his wife and had broken the articles of agrement made by the parlament betwene him and the Duke of Yorke and solemnly sworē on both sides the 8. of Octob. in the yeare 1459. In punishment vvherof and of his other negligent and euel gouermēt though for his owne particuler life he vvas a good man as hath bin said sentence was giuen agaynst him partly by force and partly by law and king Edward the fourth vvas put in his place who was no euel king as al Inglish men vvel know but one of the renoumedst for martial actes and iustice that hath worne the Inglish crowne But after this man agayne ther fel an other accident much more notorious vvhich was that Richard Duke of Glocester this king Edwards yonger brother did put to death his two nephewes this mans children to vvit king Edward the fifth and his litle brother made him selfe king and albeit he synned greuously by taking vppon him the crowne in this wicked manner yet when his nephewes were once dead he might in reason seeme to be lawful king both in respect that he was the next male in blood after his said brother as also for that by diuers acts of parlament both before and after the death of thos infantes his title vvas authorized and made good and yet no man vvil say I thinke but that he vvas lawfully also deposed agayne afterward by the cōmō wealth which called out of France Henry Earle of Richmond to chastise him and to put him downe and fo he did and tooke from him both life and kingdome in the fielde and vvas king himselfe after him by the name of king Henry the seuenth and no man I suppose vvil say but that he vvas lawfully king also vvhich yet cannot be except the other might lawfully be deposed moreouer as I sayd at the beginning I vvould haue you consider in al thes mutations what men commonly haue succeded in the places of such as haue bin deposed as namely in Ingland in the place of thos fiue kings before named that vvere depriued to vvit Iohn Edward the second Richard the second Henry the sixt and Richard the third ther haue succeded the three Henryes to wit the third fourth and seuenth two Edwards the third and fourth al most rare valiant Princes who haue donne infinit importanr acts in their cōmon vvealthes and among other haue raysed many houses to nobility put downe others changed states both abroad and at home distributed ecclesiastical dignityes altred the course of discent in the blood royal and the like al which was iniust and is voyd at this day if the chainges and depriuations of the former Princes could not be made and consequently none of thes that do pretende the crowne of Ingland at this day can haue any title at al for that from thos men they discende vvho were put vp in place of the depriued And this may be sufficient for proofe of the two principal poynts which you required to be discussed in the beginning of this spech to wit that lawful Princes haue oftentymes by their common wealthes bin lawfully deposed for misgouerment and that God hath allowed and assisted the same with good successe vnto the weal publique and if this be so or might be so in kings lawfully set in possession then much more hath the said common wealth power authority to alter the succession of such as do but yet pretend to that dignity if ther be dew reason and causes for the same which is the head poynt that first we began to treate of saide the Ciuilian and with this ended his speech vvithout saying any more VVHER IN CONSISTETH PRINCIPALLY THE LAVFVLNES OF PROCEEDING AGAYNST Princes which in the former chapter is mētioned what interest Princes haue in their subiect 's goods or liues how othes doth binde or may be broken by subiects towards Princes and finally the difference betwene a good king and a Tirant CHAP. IIII. VVHEN the Ciuilian had ended his speech the temporal lawyer looked vppon the stāders by to see whether any would reply or no and perceauing al to hold ther peace he began to say in this māner Truly Syr I cannot deny but the examples are many that you haue alleaged and they seme to proue sufficiently that which you affirmed at the beginning to wit that the Princes by you named were depriued and put downe by their common vvealthes for ther euel gouerment And good successors commonly raysed vp in their places and that the common wealth had authority also to do it I do not greatly doubt at least wise they did it de facto and now to cal thes factes in question were to embroyle and turne vp-side-downe al the states of Christen dom as you haue wel signified but yet for that you haue added this vvord lawfully so many tymes in the course of your narration I vvould you tooke the payne to tel vs also by vvhat law they did the same seing that Belloy whom you haue named before and some other of his opinion do affirme that albeit by nature the common vvealth haue authority ouer the Prince to chuse and appoynt him at the beginning as you haue vvel proued out of Aristotle and other vvayes yet hauing once made him and giuen vp al their authority vnto him he is now no more subiect to ther cortection or restraynt but remayneth absolute of himselfe without respect to any but only to god alone vvhich they proue by the example of euery particuler man that hath authority to make his Master or Prince of his inferior but not afterwards to put him downe agayne or to depriue him of the authority vvhich he gaue him though he should not beare himselfe vvel and gratefully but discourtious rather iniuriously towards him that gaue him first this authority To which also they do alleage the speech of the prophet Samuel in the first booke of the kings vvher the people of Israel demaunded to haue a king to gouerne ouer them as other nations round about them had and to leaue the gouerment of the high Prieste vnder
whom at that day they were At which demaund both God himselfe and Samuel vvere greuiously offended and Samuel by Gods expresse order protested vnto them in this manner wel quoth be you wil haue a king harken then to this that I wil say Hoc erit ius regis qui imperaturus est vobis this shal be the rlght and power of the king that shal rule ouer you to vvit he shal take frō you your children both sonnes and daughters your fieldes vinyards your haruest also and rents your seruants handmaydes heards of catle and shal giue them to his seruants and you shal cry vnto God in that day from the face of this your king whom you haue chosen and God shal not heare you for that you haue demaunded a king to gouerne you thus far the Prophet Out of al vvhich discourse and spech of the Prophet thes men do gather that a king is nothing so restrayned in his power or limited to law as you haue affirmed but rather that his law is his own vvil as by thes vvordes of the Prophet may appeare and much lesse may the common vvealth chastice or depriue him for exceding the limites of law or doing his vvil seing that here in this place God doth foretel that Princes oftentymes shal commit excesses and iniuries and yet doth he not therfore wil them to chasten or depose them for the same but rather insinuateth that they must take it paciently fot their sinnes and cry to God for remedy and perseuer therin though he do not 〈◊〉 the first harken to them or grant their redresse hitherto the temporal lavvyer Wherunto answered the Ciuilian that he confessed that Belloy other his companions that vvrote in flattery of Princes in thes our dayes did nor only affirme thes things that the temporal lawyer had alleaged and that Princes were lawlesse and subiect to no accompt reason or correction whatsoeuer they did but also vvhich is yet more absurd and pernicious to al common vvealthes that al goods chattels possessions and whatsoeuer els commodityes temporal of the common wealth are properly the kings and that their subiects haue only the vse therof without any propriety at al so as when the king wil he may take it from them by right vvithout iniustice or iniury vvhich assertions do ouer throw wholy the very nature substance of a common vvealth it selfe For first to say that a king is subiect to no law or limitation at al but may do vvhat he wil is against al that I haue alleaged before of the very institution of a commō vvealth which vvas to liue together in iustice and order as I shewed out of Cicero speaking of the first kings Iustitiae fruendae causa bene morati Reges olim sunt constituti For enioying of Iustice were kings appointed in old tyme that vvere of good life but if they be boūd to no iustice at al but must be borne and obeyed be they neuer so wicked then is this end and butte of the common wealth of al royal authority vtterly frustrat then may vve set vp publique murderours rauishers theeues and spoylers to deuowre vs in steed of kings and gouernours to defend vs for such in deede are kings that follow no law but passion and sensualitie and do commit iniustice by their publique authority then finally vvere al thos kings before mentioned both of the Iewes gentiles and christians vnlawfully depriued and ther successors vnlawfully put vp in their places and consequently al Princcs liuing in Christianity at this day who are descended of them are intruders and no lawful Princes By the second saying also that al temporalityes are properly the Princes and that subiects haue only the vse therof without any interest of their owne no lesse absurdityes do follow then of the former assertion for that first it is against the very first principle and foundation of our ciuil law which at the first entrance and beginning maketh this diuision of goods that some are common by nature to al men as the ayer the sea and the like other are publique to al of one citty or country but yet not common to al in general as riuers portes and other such some are of the community of a citty or common wealth but yet not common to euery parttculer person of that citty as common rents theators the publique house and the like some are of none nor properly of any mans goods as churches and sacred things some are proper to particuler men as thos which euery man possesseth of his owne which diuision of Iustinian the Emperor and his most learned lavvyers is not good if the Prince be Lord proprietarie of al nay he that made this diuision being Emperor did great iniury also to himselfe in assigning that to others which by the opinion of Belloy and his fellowes vvas properly truly his owne in that he was Emperor and Lord of the vvorld Besides al this so absurd a saying is this as it ouerthroweth the whole nature of a common wealth it selfe and maketh al subiects to be but very slaues For that slaues and bondmen as Aristotle sayeth in this do differ from freemen that slaues haue only the vse of things vvithout property or interest and cannot acquire or gett to themselues any dominion or true right in any thing for that what soeuer they do gett it accreweth to their master not to theselues and for that the condition of an oxe or an asse is the very same in respect of a poore man that hath no slaue for that the oxe or asse getteth nothing to himselfe but only to his master and can be lord of nothing of that for which he laboreth for this cause wittely also sayed Aristotle that bos aut asinus pauperi agricolae pro seruo est An oxe or an asse is to a poore husbādman in steed of a bondman and so feing that Belloy wil needes haue the state and condicion of al subiects to be like vnto this in respect of their Prince and that they haue nothing in propriety but only the vse and that al dominion is properly the Princes vvhat doth the other then make al subiects not only slaues but also oxen and asses and pecora campi Last of al for I vvil not ouerlode you vvith reasons in a matter so euident if al subiects goods be properly the kings why then vvas Achab and Iezabel king and Queene of Israel so reprehended by Elias so punished by god for taking away Nabothes vineyard seing they tooke but that vvhich was ther owne nay why vvas not Naboth accused of iniquity rebellion and treason for that he did not yeald vp presently his vineyard when his Princes demaunded the same seing it vvas not his but thers why do the kings of Ingland France and Spayne aske money of their subiects in parlaments if they might take it as ther owne why
are thos contributions termed by the names of subsidies helpes beneuolences lones prests contributions and the like if al be dew and not voluntary of the subiects parte How haue parlaments oftentymes denyed to their Princes such helpes of money as they demaunded Why are their iudges appoynted to determyne matter of sutes and pleas between the Prince and his subiects if al be his and the subiect haue nothing of his owne And last of al why doth the Cannon Law which is a part also of my profession and receaued in most countries of the vvorld so straightly inhibit al Princes vppon payne of excommunication to impose new impositions taxes vppon ther people without great consideration and necessity and free consent of the giuers if al be the Princes and nothing of the subiect nay whybe al Princes generally at this daye prohibited to alienat any thing of their owne crowne without consent of ther people if they only be Lords of al and the people haue interest in nothing And hereby also vve may gather what the Prophet Samuel meant when he threatned the Iewes with the disorders of kings that should raigne ouer them not that thes disorders were lawful or appertayned to a rightious king but that seing they refused to be vnder the moderate gouermēt of their high priests other gouernors which God had giuen them hitherto and required to be ruled by kings as other heathen nations of Egypt Babilon Syria and Persia were whos manner of gouerment not only Historiographers but Philosophers also and Aristotle among the rest doth note to haue bin very tyranical yet for that the Iewes would needs haue that gouerment as a matter of more pompe and glory then that which hitherto they had had Samuel did first insinuate vnto them what extorsion and wickednes thos heathen kings did vse commonly ouer ther people in taking their childrē seruants wiues goods and the like from them and that many kings of Israel should do the like and take it for ther right and souerainty and should oppresse and tyrānise ouer them and inforce them to cry out to God for helpe and they should not find remedy for that so heddyly they had demaunded this change of gouerment which highly displeased almighty God and this is the true meaning of that place if it be vvel considered and not to authorize herby iniustice or wickednes in any king seing the principal poynts recorded to al Princes kings through out the whole course of scripture are diligere iudictum iustitiam apprehendere disciplinam facere veritatem that is to saye to loue iudgment and iustice to admit discipline to execute truth and this is the instruction that God gaue to the Iewes in Deutronomy for their kings when they should haue them which God foretould many yeares before they had any and this is the admonition that king Dauid left vnto his sonne and successor Salomon at his death and by him to al other kings and Princcs and for want of obseruing thes points of iudgment iustice discipline truth vve see not only Achab and Iezabel Before mentioned greuiously punished but many other kings also by God himselfe as Achaz Manasses Ioachim and the like which had not bin iustice on Gods part so to punish them if it had bin lawful for them to vse that manner of proceeding towards their people as thes good instructors of Princes in our dayes most fondly and wickedly do affirme and thus much for that place But to the first point which you asked by vvhat law the common wealthes that are mentioned in the former chapters did punish their euel Priuces I haue answered you before that it is by al law both diuine and humane diuine for that God doth approue that forme of gouerment which euery common vvealth doth chuse vnto it selfe as also the conditions statutes and limitations vvhich it selfe shal appoynt vnto her Princes as largely before hathe bin declared And by al humane law also for that al law both natural national and positiue doth teach vs that Princes are subiect to law order and that the common vvealth which gaue them ther authority for the commō good of al may also restrayne or take the same away agayne if they abuse it to the common cuel And vvheras thes men saye that like as if a priuate man should make his inferior or equal to be his Prince he could not after restrayne the same agayne and so nether the commō wealth hauing once deliuered away her authority I answere first that the comparison is not altogether like for that a priuat man though he giue his voice to make a Prince yet he being but one maketh not the Prince vvholy as the common vvealth doth and therfore no maruaile though it lye not in a particuler mans hād to vnmake him agayne besides this a priuat man hauing giuē his voice to make his Prince remayneth subiect and inferior to the same but the vvhole body though it be gouerned by the Prince as by the head yet is in not inferior but superior to the Prince nether so giueth the common vvealth her authority and power vp to any Prince that she depriueth her selfe vtterly of the same vvhen neede shall require to vse it for her defence for vvhich shee gaue it And finally which is the cheefest reason of al the very ground and foundation in deede of al kings authority among christians the power and anthority vvhich the Prince hath from the common wealth is in very truth not absolute but potestas vicaria or deligata as vve Ciuilians cal it that is to say a power delegate or power by commissiō from the commō wealth which is giuen vvith such restrictions cautels and conditions yea vvith such playne exceptions promises and othes of both parties I meane betwene the king and common wealth at the day of his admission or coronation as if the same be not kept but vvilfully broken on ether part then is the other not bounde to obserue his promise nether though neuer so solemly made or sworne for that in al bargaines agreements and contracts wher one parte is bound mutually and reciprocally to the other by oth vow or condition ther if one side go from his promise the other stādeth not obliged to performe his and this is so notorious by al law both of nature and nations and so cōform to al reason and equity that it is put among the very rules of both the Ciuil and cannon law vvher it is said frustra fidem sibi quis postulat seruari ab eo cui sidem à se prestitam seruare recusat He doth in vaine require promisse to be kept vnto him at an other mans hands to vvhom he refuseth to performe that which himselfe promised and agayne Non abstringitur quis iuramento ad implendum quod iur auit si ab alio parte non impletur cuius respectu praebuit iur amentum A
man is not bound to performe that vvhich by oth he promised if on theother part that be not performed in respect wherof this oth vvas made as for example if two should sweare the one to assist the other vppon the way in al respects after falling vppon enimyes that vvere ether kynn or frēds to the one of them he should take ther part against his fellow cleere it is that the other vvere not bound to kepe his oth tovvards that party that hath so vvickedly broken it to him Nay not only in this case that is so euident and palpable by nature it selfe but in many other also is it both lawful honest and conuevient to leaue some tymes the performance of our oth as namely vvhen the fulfilling therof should conteyne any notable hurt or inconuenience against religion piety iustice honesty or the vveal publique or against the party himselfe to whom it vvas made as if a man had sworne to restore a sword to a madd or furious man wher with it vvere likely he would destroy himselfe and others and other like cases which Cicero putteth downe in his first booke of offices and deduceth them from the very ground of nature and reason it selfe sayeth that it were contrary to the dewty of a good or honest man in such cases to performe his promise Our diuines also do alledge the example of Herod that had sworne to the daughter of Herodias to giue hir vvhat she demaunded vvho demaūding the head of S. Iohn Baptist though Herod were sory for the same yet sayeth the text that for his othes sake he commaunded it to be performed which yet no man wil deny but that it had bin far better left vnperformed and the othe better broken then fulfilled according to an other rule of the law which sayeth In malis promissis fidem non expedit obseruari it is not expedient to keepe our promise in things euel promised And finally to this purpose to vvit to determyne how many wayes an oth taken may be lawfully broken or not kept ther is a vvhole title in the Cannon law conteyning 36. chapters wherin are set downe many and diuers most excellent and euident cases about the same determined by Gregorie the first other ancient Popes and Doctors and in the second parte of the decretal ther is alleaged this sentence out of Isidorus and established for law In matis promissis rescinde fidem in turpi voto muta decretum impi a enim promissio quae scelere impletur that is in euel promises performe not your vvorde in an vnlawful vow or oth change your determination for it is an impious promisse vvhich cannot be fulfilled but with wickednes and the very same matter is handled in the questiō following which is the fyfth through out 23. whole chapters together So as nothing is more largely handled in our law both Ciuil and Canon then this matter of promisses and othes how and vvhen and why and in vvhat cases they hould or bynde and when not Al which to apply it now vnto our matter of kings that we haue in hande we are to vnderstande that tvvo euident cases are touched heer as you see when a subiects oth or promise of obedience may be left vnperformed towards his Prince the first whē the Prince obserueth not at al his promisse and oth made to the common wealth at his admission or coronation the other when it should turne to the notable damage of the weale publique for whos only good the Princes office vvas ordeyned as often before hath bin said and proued if the subiect should keepe and performe his oth and promisse made vnto his Prince And both thes cases are touched in the depriuation of Childerike the last king of France of the first lyne of Pharamond which was recounted in the former chapter for that as Paulus A Enulius Belforest Girard and other French stories do testify the bishop of vvirtsburg that in the name of al the nobility and common wealth of France made his speech to Zacharie the pope for his deposition and for the election of Pepin in his place alleaged thes two reasons saying Truth it is that the French haue sworne fidelity vnto Childerick as to ther true and natural king but yet vvith condition that he on his part should also performe the points that are incident to his office which are to defend the common vvealth protect the church of christ resist the vvicked aduance the good and the like and if he do this then the French are redy to cōtinew ther obedience and allegeance vnto him but if he be apt for none of thes things nether fit ether for a Captaine in vvare or for a head in peace and if nothing els may be expected whiles he is king but detriment to the state ignominy to the nation danger to christian religion and distruction to the vveal publique then it is law ful for you no doubt most holy father to deliuer the French from this band of their oth to testifie that no promise can bynd this natiō in particuler to that which may be hurtful to al christendom ingeneral Thus far that bishop his spech vvas allowed Childerick deposed and Pepin made king in his place as the world knoweth By this thē you see saic the Ciuilian lawyer the ground wheron dependeth the rightious lawful deposition and chastisment of vvicked Princes to wit ther fayling in ther oth promises which they made at ther first entrance that they would rule and gouerne iustly according to law conscience equity and religion wherin when thev fayle or wilfully decline casting behind them al respect of obligation dewty to the end for vvhich they vvere made Princes and aduanced in dignity aboue the rest then is the common wealth not only free from al oths made by her of obedience or allegiance to such vnworthy Princes but is bound moreouer for sauing the vvhole body to resist chasten and remoue such euel heades if she be able for that otherwise al vvould come to distruction ruyne and publique desolation And heere now come in al thos cōsideratiōs vvhich old philosophers lawmakers and such others as haue treated of common vvealthes are vvont to lay downe of the difference and contrariety betwene a king and a tyrant for that a king as both Plato and Aristotle do declare vvhē once he declyneth from his dewty becommeth a tyrant that is to say of the best and most soueraine thing vppon earth the worst and most hurt-ful creature vnder heauen for that as the end office of a king is to make happy his commō vvealth so the butt of a tyrät is to destroy the same And finally the whole difference is reduced to the principal head that before I haue mentioned to vvit that a king ruleth according to equity oth conscience iustice and law prescribed vnto him and the
the bracelets the staf vvith the scepter and diademe euery one wherof the archbishop put vppon the Emperor telling him the signification of ech thing and vvhat it did bynd him vnto as for example vvhen he put the svvord about him he said accipe hunc gladium quo ijcias omnes Christi aduersarios malos christianos authoritate diuina per Episcopos tibi tradita Which is take vnto thee this svvord vvherby thow mayst cast out and driue away al the enimies of Christ whether they be barbarous infidels or euel christians and this by the authority of God deliuered vnto thee by vs that are bishops And thus he did vvith al other ornaments and ensignes telling the signification and obligation of euery one and taking the Emperors promise to performe al. And after al the historiographer concludeth thus Rex perfufus oleo sancto coronatur diademate aureo ab Episcopis ab eisdem ad solium regale ducitur in eo colocatur That is the king being annointed vvith holy oyle was crowned by the bishops and by the same vvas brought to the royal seat and therin placed This happened about the yeare of christ 940. and the ceremony is recounted more amply in this mans coronation then in any other both for that he was a very noble Prince and the very first of the Germain nation that vvas lawfully and orderly preferred to the imperial seat after that it passed from the children of Charles the great and ther be diuers points worthy the noting in this example and among other that albeit he were lawful king and Emperor by succession as also by appointment of his father yet was he chosen and admitted againe by the Princes and people that he swore to fulfil al those pointes and condicions which the signification of the Emperial ornaments did bynd him vnto After this about 60. yeares or more Pope Gregory the 5. in a synode holden in Rome did by the consent of Otho the third Emperor and nephew vnto this other Otho of vvhom we haue now treated appoint a certaine forme of electiō for the tyme to come of the German Emperor to wit that he should be chosen by six Princes of Germany three ecclesiastical which are the archbishopes of Moguntia Colen Treuires three temperal Lords to vvit the Duke of Saxony the Counte Palatyne of Rhene and the Marques of Brandeburge and vvhen thes six voices should happen to be equally deuided then that the Duke of Boemia for then it was no kingdom should haue place also to determyne the election Al which was determined in the yeare of Christ 996. in Rome and approued after ward by al the Princes of Germany and allowed by al other Christian Princes and states of the vvorld and so endureth vnto this day And among al other points this of his coronation and his oth to be taken for his wel gouerment vvas and is most exactly set downe recorded by many historiographers of that tyme and since But I shal alleage them only out of Iohn Sleydan as the most conuenient author for this our tyme and purpose First of al then he writeth that after any man is chosen Emperor he is to be called only Caesar and the king of the Romans and not Emperor vntil he be crowned and the conditions which he sweareth vnto presently after his election Are to defend the christian and catholique religion to defend the pope and church of Rome whose aduocat he is to minister iustice equally to al to follow peace to kepe and obserue al lawes rightes and priuileges of the Empyre not to alienate or engage the possessions of the empyre to cōdemne no man without hearing his cause but to suffer the course of law to haue his place in al and whatsoeuer he shal do otherwise that it be voyd and of no Validitie at al. Vnto al thes articles he sweareth first by his legates then he giueth a coppy of his othe in vvriting to euery one of the six electors and after this he goeth to the cytie of Aquis-gran to be crowned in the great church vvher about the midle of the masse the archbishop of Colen goeth vnto him in the presence of al the people and as keth whether he be redy to sweare and promise to obserue the catholick religiō defend the church minister iustice protect the widowes and fatherles and yeald dutiful honor and 〈◊〉 to the pope of Rome wherunto he answering that he is redy to do al this the Archbishop leadeth him to the high aulter wher he sweareth in expresse vvords al thes articles wwhich being done the said archbishop turning himselfe to the Princes of the empyre and people ther present doth aske them whether they be content to sweare obedience and fealtie vnto him who answering yea he is annoynted by the said archbishop before the aulter and then do come the other tvvo Archbishops of Moguntia and Treueris and do lead him into the vestery vvher certaine deacons are redy to apparrel him in his robes and do set him in a chayre vppon vvhom the Archbishop of Colen saith certaine prayers and then deliuereth him a sword drawne and putteth a ring vppon his finger and giueth him a scepter in his hand then al the three Archbishops together do put on the crowne vppon his head and leading him so crowned and apparreled vnto the high aulter againe he sweareth the second tyme that he wil do the part of a good christian and Catholick Emperor Which being ended he is brought back and placed in the emperial seat throne vvher al the Princes of the empyre do sweate obedience and fayth vnto him begining vvith the three Archbishops and continuing on vvith the three other electors and so al the rest in order vvhich is a notable and magestical manner of admitting and authorizing of a Prince as you see and it is to be marked among other things that the emperor sweareth three tymes once by his deputies and twise by himselfe before his subiects sweare once vnto him and yet wil Belloy as you haue hard needs haue subiects only bound to their Princes and the Prince nothing at al bound to them againe In Polonia which being first a Dukedome was made a kingdome aboute the same tyme that this forme of electing of the German Emperor vvas prescribed the manner of coronatiō of their kings is in substance the very same that we haue declared to be of the Emperor For first of al the Archibishop of Guesua metropolitā of al Polonia commeth to the king standing before the high aulter and sayeth vnto him thes wordes VVher as you are right noble Prince to receaue at our handes this day who are though vnworthily in place of Christ for execution of this function the sacred annoynting and other ceremonies ensignes and ornaments apperteyning to the kinges of this land it shaibe wel that we
admonish yon in a few wordes what the charge importeth which you are to take vppon you c. Thus he beginneth and after this he declareth vnto him for what end he is made king vvhat the obligation of that place and dignity byndeth him vnto and vnto vvhat points he must sweare what do signifie the sword the ring the sceptor and the crowne that he is to receaue and at the deliuery of each of thes things he maketh both a short exhortation vnto him and prayer vnto God for him And the kings oth is in thes words Promitto coram Deo angelis eius I do promise and sweare before God and his angels that I will do law and iustice to al and kepe the peace of christ hisChurche and the vniō of his catholique fayth and wil do and cause to be done dew and canonical honor vnto the bishops of this land and to the rest of the cleargie and if which God for bid I should break my oth I am content that the inhabitants of this kingdome shal owe no duty or obedience vnto me as God shal help me and Gods holy ghospelles After this oth made by the king and receaued by the subiects the Lord Martial general of the whole kingdome doth aske vvith a loud voice of al the councellors nobility people ther present whether they be content to submit themselues vnto this king or no Who answering yea the archbishop doth ende the residue of the ceremonies doth place him in the royal throne wher al his subiects do homage vnto him and this for Polonia In Spayne I do find that the manner of admitting ther kings was different and not the same before and after the distruction therof by the Moores but yet that in both tymes ther kings did sweare in effect the selfe same points vvhich before haue bin mentioned in other kingdomes For first before the entring of the Moores when spayne remayned yet one general monatchie vnder the Gothes it is recorded in the fourth national coūcel of Toledo which vvas holden the yeare of our Lord 633. according to Ambrosio Morales the most learned diligēt historiographer of Spayne though other do appoint it some few yeares after in this councel I say it is said that their new king Sissinandus who had expelled Suintila ther fotmer king for his euel gouerment This king Sissinandus I saye comming into the said councel in the third yeare of his reigne accompained with a most magnificent number of nobles that waighted on him did fal downe prostrate vppon the ground before the Archbishops and bishops ther gathered together which vvere 70. in number and desired them vvith teares to pray for him and to determine in that councel that which should be needful and most conuenient both for mainteyning of Gods religion and also for vpholding and prospering the whole common wealth wheruppō thos fathers after matters of religion and reformation of manners vvhich they handled in 73. chapters In the end and last chapter they come to handle matters of estate also And first of al they do confirme the deposition of king Suintila together with his wife brother and children and al for his great wickednes which in the councel is recounted and they do depriue them not only of al title to the crowne but also of al other goods and possessions mouables immouables sauing only that vvhich the new kings mercy should bestow vppon them and in this councel was present and subscribed first of al other S. Isidorus Archbishop of Siuil who writing his history of spayne dedicated the same vnto this king Sissinandus and speaketh infinite good in the same of the vertues of king Suintila that was now deposed and condemned in this said councel wherby it is to presumed that he had changed much his life afterward and became so wicked a man as here is reported After this the councel confirmeth the title of Sissinandus and maketh decrees for the defence therof but yet insinuateth vvhat points he was bound vnto and wherunto he had sworne when they said vnto him Te quoque praesentem regem ac futuros aetatum sequentium principes c. We do require you that are our present king and al other our Princes that shal follow here after vvith the humility which is conuenient that you be meeke moderate towards your subiects and that you gouerne your people in iustice and piety and that none of you do giue sentence alone against any mā in cause of life and death but with the consent of your publique councel and with thos that be gouernours in matters of iudgment And against al kings that are to come we do promulgate this sentence that if any of them shal against the reuerence of our lawes excercise cruel authority with proud domination and kingly pompe only following ther owne concupiscence in wickednes that they are condemned by Christ with the sentence of excommunication and haue theyr separation both from him and vs to euerlasting iudgment and this much of that councel But in the next two yeares after the ende of this councel king Sissinandus being now dead and one Chintilla made king in his place ther were other two councels gathered in Toledo the first vvherof was but prouincial and the second national and they are named by the names of the fift and sixt councels of Toledo In the vvhich councels according to the manner of the Gothes who being once conuerted from the Arrian haeresie were very catholique and deuout euer after and gouerned themselues most by their cleargie and not only matters of religion were handled but also of state and of the common wealth especially aboute the successiō to the crowne safty of the Prince prouision for his children frendes officers and fauorites after his death and against such as without election or approbation of the commō wealth did aspire to the same al thes points I say vvere determined in thes councels and among other points a very seuere decree vvas made in the sixt councel concerning the kings oth at his admission in thes vvords Consonam vno corde ore promulgamus Deo placituram sententiam We do promulgate vvith one hart and mouth this sentence agreable pleasing vnto God and do decree the same vvith the consent and deliberation of the nobles and peeres of this realme that vvhosoeuer in tyme to come shal be aduanced to the honor and preferment of this kingdome he shal not be placed in the royal seat vntil among other conditions he haue promised by the Sacrament of an oth that he vvil suffer no man to break the Catholique faith c. Thus far that synod or councel By which wordes especially thos among other conditions is made euident that thos Princes sweare not only to kepe the faith but also such other conditions of good gouerment as were touched before in the fourth councel and thes things were determyned while
that they were lifted vp and caried a-bout vppon a target by the chiefe subiects ther present as the spaniards were But as touching the principal point of that action which is the substance of admitting the king vnto his royal authority and oth by him made of gouerning wel and iustly and of the reciprocal oth of obediēce made to him againe by his subiects it was not much different from that which now is as shal appeare by the coronation of the foresaid Phillip the first who was crowned in the life and presence of his father king Henry after the fashion then vsed in the yeare of Christ 1059. and it was in manner following as Nangis and Tillet both authores of great authoritie among the French do recount it and Francis Belforest out of them both repeateth the same at large in thes words following King Henry the first of this name seeing himselfe very old and feeble made an assembly of al the states of France in the cytie of Paris in the yeare of Christ 1059. wher bringing in his yong sonne and heire Philip that vvas but 9. yeares of age before them al he said as followeth Hither to my dere frends and subiects I haue bin the head of your nobility men at atmes but now by myne age and disposition of body I do wel perceaue that ear it be long I must be seperated from you and therfore I do desire you that if euer you haue loued me you shew it now in giuing your consent and approbation that this my sonne may be admitted for your king and apparaled with the royal ornaments of this crowne of France and that you wil sweare fealtie vnto him and do him homage Thus said the king and then hauing asked euery one of the assistance in particuler for his consent a part and afterwards the whole assembly in general whether they vvould sweare obedience to him or no and fynding al to promise vvith a good wil he passed ouer the feast of the assention vvith great ioy in Paris and after vvent to Rhemes vvith al the court and trayne to celebrate the coronation vppon the feast of vvhit-sonday Thus far are the wordes of William de Nangis alleaged in the story of France by Belforest and it is to be nored first how the king did request the nobility people to admit his sonne and secondly how he did as ke ther consents a part for that thes two pointes do euidently cōfirme that vvhich I said at the beginning that only succession is not sufficient but that coronation euer requireth a new consent which also includeth a certaine election or new approbation of the subiects This is proued also most manifestly by the very order of coronation which insueth in Belforest taken vvord for vvord out of Tillet in his treatise of Recordes in the chapter of annointing the kings of France in thes wordes In the yeare of grace 1059. and 32. of the reigne of king Henry the first of this name of France and in the 4. yeare of the seat and bishoprick of Geruays Archbishop of Rhemes and in the 23. day of May being whit-sonday king Phillip the first vvas apointed by the said Archbishop Geruays in the great church of Rhemes before the aulter of our lady vvith the order ceremony that ensueth The masse being begonne vvhen it came to the reading of the Epistle the said Lord Archbishop turning about to Phillip the Prince that vvas ther present declared vnto him vvhat vvas the Catholique fayth and asked him whether he did beleue it whether he would desend it against al persons vvhatsoeuer vvho affirming that he vvould his oth vvas brought vnto him wherunto he must sweare vvhich he tooke and read with a loud yoyce and signed it vvith his owne hand and the words of the oth vvere these Ie Philippe par le grace de Dieu prochain d'estre ordonné Roy de France promets au iour de mon sacré deuant Dieu ses sanctes c. That is in Inglish for I vvil not repeate al the oth in French seing it is some what long I Phillip by the grace of God neere to be ordeyned king of France do promisse in this day of my annointing before almightie God and al his saintes that I wil conserue vnto you that are ecclesiastical Prelats al canonical priuileges and al law and iustice dew vnto euery one of you and I vvil defend you by the helpe of God so much as shall lye in my power and as euery king ought to do and as by right and equity he is bound to defend euery Bishop and church to him cōmitted within his realme and further more I shal administer iustice vnto al people giuen me in charge and shal preserue vnto them the defence of lawes and equity appertaining vnto them so far forth as shal lye in my authority so God shal helpe me and his holy Euangelists This oth was read by the king holding his handes betwene the handes of the Archbishop of Rhemes and the bishop of Syen and Bisanson legats of the pope standing by vvith a very great number of other bishops of the realme And the said Archbishop taking the crosse of S. Remigius in his hands he shewed first vnto al the audience the ancient authoritie which the Archbishops of Rhems had euen from the tyme of S. Remigius that baptized ther first christian king Clodoueus to annoint crowne the kings of France which he said vvas confirmed vnto them by priuiledge of the pope Hormisda that liued in the yeare of Christ 516. and after also by pope Victor and this being done he then by licence first asked of king Henry the father ther present dyd chose Phillip for king Il esleut le dit Philippe son sils en pour Roy de France which is word for word the Archbishop chose the said Phillip king Henryes sonne in and for king of France which the legats of the pope presently cōfirmed and al the bishops Abbots and cleargie with the nobility people in ther order did the like crying out three tymes in thes vvordes Nous le apprououns nous le voulons soit fait nostre Roy that is vve approue his election we vvil haue him let him be made our king presently was song Te Deum laudamus in the quyar and the rest of the ceremonies of anointing and coronation were done according to the ancient order of this solemnity vsed in the tyme of king Phillips predecessors kings of France Thus far do French stories recount the old ancient manner of anointing and crowning ther kings of France which had endured as I haue said for al most 600. yeares that is to say from Clodoueus vnto this king Phillip the first vvho was crowned in France 7. yeares before our William conquerer who also was present at this coronation had the third place amōg the temporal Princes as Duke of Normandie entred
into Ingland but after this tyme the manner and ceremonies was somwhat altered and made more maiestical in outward shew this especially by king Lewis surnamed the yonger nephew to the foresaid king Phillip who leauing the substance of the action as it vvas before caused diuers external additions of honor and maiestie to be adioyned therunto especially for the coronation of his sonne Phillip the seconde surnamed Augustus whom he caused also to be crowned in his dayes as his grand father Phillip had bin and as himselfe had bin also in his fathers dayes This man among other royal ceremonyes ordeyned the offices of the twelue peeres of France 6. Ecclesiastical and 6. temporal vvho are they which euer since haue had the chiefest places and offices in this great action fot that the fore said Archbishop of Rhemes intituled also Duke of Rhemes hath the first and highest place of al others and annoynteth crowneth the king The bishop Duke of Laon beareth the glasse of sacred oyle The bishop Duke of Langres the crosse The Bishop and earle of Beuais the mantel royal The Bishop Earle of Noyon the kings girdle and last of al the Bishop and Earle of Chalons doth cary the ring and thes are the six ecclesiastical peeres of France with their offices in the coronation The temporal peeres are the Duke of Burgundie deane of the order vvho in this day of coronation holdeth the crowne the Duke of Gasconie Guyene the first banner quartered the Duke of Normandie the 2. banner quartered the Earle of Tholosa rhe golden spurres the Earle of Champanie the banner Royal or standerd of warr and the Earle of flanders the sword royal so as thet are 3. Dukes 3. Earles in euery one of both ranks of spiritual temporal Lords and as Girard noteth the king is apparraled on this day 3. times and in 3 seueral sortes the first as a priest the secōd as a king ād vvarryer the third as a iudge and finally he saith that this solemnitie of anoynting and crowning the king of France is the most mag nificent gorgious and maiestical thing that may be seene in the vvorld for which he referreth vs not only to the particuler coronations of thes two ancient king Phillipps the first second but also to the late coronation of Henry the second father to the last kings of France which is also in printe and in deede is a very goodly and most notable thing to be read though in deede much more to be seen But to say a vvord or two more of Phillip Augustus before I passe any further which happened in the yeare 1179. and in the 25. of the reigne of our king Henry the 2. of Ingland who as the French stories say was present also at this coronation and had his ranck among the peeres as Duke of Normandy and held the kings crowne in his hand one of his sonnes had his ranck also as Duke of Gasconie the forme vsed in this coronation was the very same which is vsed at this day in the admission of the kings of France in recounting wher-of I wil let passe al the particuler ceremonies Which are largely to be read in Francis Belforest in the place before mentioned and I vvil repeate only the kings oth which the said author recounteth in thes wordes The Archbishop of Rhemes being vested in his pontifical attyre and come to the aulter to begin masse wher the king also was vppon a high seat placed he turned to him and said thes wordes in the name of al the cleargie and churches of France Syre that which we require at your handes this day is that you promise vn to vs that you wil kepe al canonical priuileges law and iustice dew to be keept defended as a good king is bound to do in his realme and to euery bishop and church to him committed wherunto the king answered I do promisse and auow to euery one of you and to euery church to you committed that I wil kepe and mainteyne al canonical priuileges law and iustice 〈◊〉 to euery man to the vttermost of my power and by Gods helpe shal defend you as a good king is bound to doe in his realme This being done the king did sweare and make his oth laying his handes vppon the gospel in thes wordes following Au nom de Iesus Christ ie iure promets au peuple christien a moy suiect ces choses c. Which is in Inglish In the name of Iesus Christ I do sweare and promise to al Christian people subiect vnto me thes points ensuning first to 〈◊〉 that al my subiects be kept in the vnion of the church and I wil defend them from al excesse rapine extorsion and iniquity secondly I wil take order that in al iudgments iustice shal be kept with equity and mercy to the end that God of his mercy may conserue vnto me with you my people his holy grace and mercy Thirdly I shal endeuour as much as possibly shal lye in me to chase and driue out of my realme and al my dominions al such as the church hath or shal declare for heretiques as God shal help me and his holy gospels Thus swereth the king and then kysseth the gospels and mediatly is song Te Deum laudamus and after that are said many particuler prayers by the Archbishop and then is the king vested and the ring scepter crowne and other kingly ornaments and ensignes are brought put vppon him with declaration first vvhat they signifie then particuler prayers are made to God that ther signification may be by the king fulfilled And after al ended the Archbishop with the Bishops do blesse him and say thes vvordes vnto him God which reigneth in heauen and gouerneth al kingdomes blesse you c. Be you stable and constant and hold your place and right from hence forth which heere is committed and laid vppon you by the authority of almighty God and by this present tradition and deliuery which we the bishops and other seruants of God do make vnto you of the same and remember you in place conuenient to beare so much more respect reuerence vnto the 〈◊〉 by how much neerer then other men you haue seene 〈◊〉 to approch to Gods aulter to the end that Iesus Christ mediator of God and man may confirme and maynteyne you by the cleargie and people in this your royal seat and throne who being lord of Lords and king of kings make you reigne with him and his father in the life and glory euerlasting Thus saith the Archbishop vnto him and after this he is led by him and the other peares vnto the seat royal wher the crowne is put vppon his head and many other large ceremoneies vsed vvhich may be read in the author a fore said and are to long for this place And yet haue I bin the larger in this matter of France
person vvho by succession of blood is next may be vnable or vnfit or pernicious to gouerne in vvhich cases the remedy is as before hath bin declared ether to helpe and assist him by lawes directions and vvise councells if he be capable therunto or els to remoue him and take in another of the same blood royal though further of in degree or propinquity in his place And this is and hath bin the custome and practice of al kingdomes and common vvealthes from the beginning since succession hath bin established among them as afterwards I shal demōstrate vnto you by great store of euident examples and presidentes by this meanes vve come to remedy the difficulties and inconueniences of both kindes of making our kings and princes vvhich are election and succession as hath bin said for by succession vve do remedy the inconueniences and dangers before mentioned of bare election to vvit of strife banding ambition and the like and by this other meane of adding also election consent and approbation of the realme to succession vve remedy the inconueniences of bare succession alone vvhich inconueniences are principaly that some vn-apt impotent or euel prince may be offered some times to enter by priority of blood vvherof the realme may deliuer it selfe by this other meanes of not admitting him so as election by succession and succession agayne by election is salued the one made a preseruatiue and treacle to the other this is the vvisdome and high policie left by God and nature to euery common vvealth for ther owne conseruation and maintenance and euery man that is of reason and iudgment and void of passion wil not only allow but also highly commend the same Now then to answere in particuler to the two questions made at the beginning of this speech to vvit vvhat is to be attributed to succession alone and secondly vvhat interest a prince hath ther-by to any crowne before he be crowned or admitted by theō cmon vveath To the first I say that to succession alone or priority of blood only great honor reuerence and respect ought to be borne as before hath bin declared for that it is the principal circumstance and condition vvhich leadeth vs to the next succession of the crowne infalibly and vvithout al strife if his propinquity be cleare and euident and that other necessary circumstances and conditions do concurr also in the same person vvhich condicions vvere appointed and set downe at the same time and by the same authority that this law of succession vvas established for that both the one the other of thes two points vvere ordeyned by the common vvealth to vvit that the elder and first in blood should succeede and that he should be such a person as can and vvil gouerne to the publique vveale of al as often and largely before hath bin auouched and proued To the second question I answere that an heyre apparent to a crowne before his coronation and admission by the realme if he haue the conditions before required hath the same interest to the kingdome vvhich the king of Romans or Caesar hath to the Germane empyre after his election and before he be crowned or to vse a more familier example to Inglish men as the Mayor of London hath to the mairalrie after he is chosen and before he be admitted or haue taken his oth For as this man in 〈◊〉 is not truly mayor nor hath not his iurisdiction before his oth and admission nor the other is properly Emperor before he be crowned so is not an heyte apparent truly king though his predecessor be dead and he next in succession vntil he be crowned or admitted by the common vvealth An other example is ther in mariage also vvherby our matter is made more playne for in this contract go both the betrothing and actual ioyning together of the parties in wedlock the first is dōne by wordes de futuro or for the time to come and is not properly mariage but espousal only the other is by vvords de presenti that is by mutual present consent giuen of both parties and this seconde is only and properly true mariage which two points are expresly represented in the state of an heyre apparent and of a crowned king for that the heyre apparent by propinquity of blood is only espoused or betrothed to the common wealth for the time to come and is marryed afterwards by present mutual consent of both parties in the contract and knitting vp of the matter at his coronation by the othes vvhich ether part maketh the one to take the other by puting on the ring and other wedding garments before mentioned in ther coronations by al vvhich the heyre apparent vvhich before vvas but espouse is made now the true king and husband of the common vvealth vvhich before he was not by only succession but only a betrothed spouse or designed king as hath bin declared Wherfore it followeth also that the commō vvealth oweth no allegeance or subiection vnto the heyre apparent in rigour of iustice vntil he be crowned or admitted though his predecessor be dead for that in very deede vntil that time he is not ther true king soueraine though for better keping of order auoyding of tumults al common wealthes lightly that haue ther princes by succession haue ordeyned in thes later ages that from the death of the former princes al matters of gouerment shal passe in the name of his next successor if his succession be cleere and this as I say for auoyding of garboyles and vnder supposal of confirmation and approbation afterward of the cōmon wealth at his coronatiō for which cause also and for better accompt of yeares it was ordeyned that the beginning of the successors reigne should be reconed from the day of the death of his predecessor and not from the day of his coronation as otherwise in rigor it ought to be and as in old time it was accustomed to be as Girard secretary and chronicler of France doth wisely note in his third booke of the estate and affaires of France to wit that kings in old time vvere vvotit to accompt the yeares of ther reignes from the day only of ther annoynting and coronation This pointe also that heyres apparent are not true kings vntil ther coronatiou how iust soeuer thet title of succession otherwise be and though ther predecessors be dead it might be confirmed by many other arguments but especially and aboue al others for that the realme is asked agayne three times at their coronatiō whether they wil haue such a māto be king or no as before hath bin shewed which thing vvere in vayne to aske if he vvere truly king as Belloy sayeth before his coronation Againe we see in al the formes and different manners of coronations before recited that after the prince hath sworne diuers times to gouerne wel and iustly then do the subiects take other othes
goodly monasteries and churches and dying left as famous a sonne behynde him as himself which was Edward the first surnamed the senior or elder This king Edward dying left two sonnes lawfully begotten of his wife Edgina the one named Prince Edmund and the other Eldred a third illegitimate whose name vvas Adelstan whom he had by a concubine But yet for that this man vvas estemed to be of more valor then the other he was preferred to the crowne before the two other Princes legittimate for so restifieth Polidor in thes wordes Adelstanus ex concubina Edwardi films rex a populo consalutatur atque ad king stonum opidum more maiorum ab Athelmo Cautuariensi Archiepiscopo coronatur vvhich is Adelstan the sonne of king Edward by a concubine vvas made king by the people and vvas crowned according to the old custome by Athelme Archbishop of Caterbury at the towne of kingston Thus far polidor and Stow addeth further thes words His coronation was celebrated in the market place vppon a stage erected on high that the king might better be seene of the multitude he was a Prince of worthy memorie valiant and wife in al his acts brought this land into one perfect monarchie for he expelled vtterly the danes and quieted the welchme Thus much Stow of the successe of chusing this king bastard to reigne To whose acts might be added that he conquered Scotland and brought Constantine their king to do him homage and restored Luys d'Outremer his sisters sonne to the kingdome of France as before hath bin signified This man dying without issue his lawful brother Edmond put back before was admitted to the crowne who being of excellent expectation died after 6. yeares and left two lawful sonnes but yet for that they were yonge they were both put back by the realme and their vncle Eldred was preferred before them so faith Polidor Genuit Edmondus ex Egilda vxore Fduinum Edgarum qui cum etate pueri essent post Eldredum deinde regnarunt King Edmond begat of his wife Egilda two sonnes named Edwin and Edgar who for that they were but children in yeares were put back and reigned afterward after ther vncle Eldred The like saith Stow and yealdeth the same reason in thes wordes Eldred succeded Edmōd his brother for that his sonnes Edwin and Edgar were thought to yong to take so great a charge vppon them This Eldred though he entred as you see against the right of the nephewes yet saith Polidor and Stow that he had al mens good will and was crowned as his brother had bin at kingston by Odo Archbishop of Canterbury and reigned 9. yeares with great good wil and praise of al men He dyed at last without issue and so his elder nephew Edwin vvas admitted to the crowne but yet after foure yeares he was deposed agayne for his leude and vitious life and his yonger brother Edgar admitted in his place in the yeare of Christ 959. This king Edgar that entred by deposition of his brother vvas one of the rarest princes that the world had in his tyme both for peace and vvar iustice pietye and valor Stow sayeth he kept a nauie of three thousand and 6. hundreth shippes distributed in diuers partes for defence of the realme Also that he buylt and restored 47. monasteries at his owne charges and did other many such acts he vvas father to king Edward the martir grand father to king Edward the confessor though by two different wiues for by his first wife named Egilfred he had Edward after martirized and by his secōd vvife Alfred he had Etheldred father to Edvvard the confessor to the end that Etheldred myght raigne his mother Alfred caused King Edward the sonue of Egilfred to be stayne after king Edgar her husband was dead After this so shameful murther of king Edward many good men of the realme vvere of opinion not to admit the succession of Etheldred his half brother both in respect of the murther of king Edward his elder brother cōmitted for his sake as also for that he semed a man not fir to gouerne and of this opinion among others vvas the holy man Dunston archbishop of Canterbury as Polidor sayeth who at length in flat words denyed to consecrate him but seing the most part of the realme bent on Etheldreds side he foretould them that it would repent them after and that in this mās life the realme should be destroyed as in deede it vvas and he rann away to Normandy and left Sweno and his danes in possession of the realme though afterward Sweno being dead he returned agayne and dyed in London This Etheldred had two wiues the first Ethelgina an Inglish womā by whom he had prince Edmund surnamed Ironside for his great strength and valor vvho suceeded his father in the crowne of Ingland for a yeare and at his death left two sonnes which after shal be named and besides this Etheldred had by his first wife other two sonnes Edwin and Adelston and one daughter named Edgina al which were ether slayne by the danes or dyed without issue The secōd wife of Etheldred was called Emma sister to Richard Duke of Normandie vvho was grand father to William the conqueror to witt father to Duke Robert that was father to VVilliam so as Emma vvas great aunt to this VVilliam and she bare vnto king Etheldred two sonnes the first Edward who was afterward named king Edward the Confessor and Alerud who was slayne traiterously by the Earle of kent as presently we shal shew After the death also of king Etheldred Queene Fmma was maried to the Dane king Canutus the first of that name surnamed the great that was king of Ingland after Etheldred Edmond Ironside his sonne and to him she bare a sonne named Hardicanutus vvho reigned also in Ingland before king Edvvard the Confessor New then to come to our purpose he that wil consider the passing of the crowne of Ingland from the death of Edmonde Ironside elder sonne of king Eltheldred vntil the possession therof gotten by VVilliam Duke of Normandie to wit for the space of 50. yeares shal easely see what authority the common wealth hath in such affaires to alter titles of succession according as publique necessity or vtility shal require for thus briefly the matter passed King Eltheldred seing himselfe to vveake for Sweno the king of Danes that vvas entred the land fled with his wife Emma and her two children Edward and Alerud vnto her brother Duke Richard of Normandie ther remayned vntil the death of Sweno and he being dead Etheldred returned into Ingland made a certayne agrement and diuision of the realme betweene him Canutus the sonne of Sweno and so dyed leauing his eldest sonne Edmond Ironside to succed him who soone after dying also left the whole realme to the said Canutus and that by playne couenant as Canutus pretended that
to defend well ther realme and subiects then the others were But to proceede said he more distinctly and more perspicuously in this matter I would haue you cal to mynde one point among others which I alleaged before out of Girard the frēch author to wit that the king of france in his coronation is new apparaled three tymes in one day once as a prieste then as a iudge and last as a king armed Therby to signifie three thynges committed to his charge first religion then iustice then man-hood and chiualry for the defence of the realme This diuision semeth to me very good and fitt quoth he and to comprehend al that a wealpublique hath neede of for her happy state and felicity both in soule and body and for her end both supernatural and natural For by the first which is religion her subiects do attayne vnto their end spiritual supernatural which is the saluation of their soules by the second and third which are iustice and defēce they enioy their felicity temporal which is to liue in peace among them selues and safety from their enimyes for which cause it seemeth that these are the three points which most are to be regarded in euery Prince that commeth to gouerment and much more in him that is not yet admitted therunto but offreth himselfe to the common wealth for the same purpose And for that the later two of thes three points which are iustice man-hood hath bin often had in consideration in the examples of changes before mentioned and the first point which is religion hath rarely or neuer at al byn talked of for that in former tymes the prince and the people were alwaves of one and the same religion and scarse euer any question or doubt fel in that behalfe which yet in our dayes is the principal differēce and chiefest difficultie of al other for thes causes I say shal I accommodate my selfe to the circumstance of the tyme wherin we liue and to the present case vvhich is in question betwixt vs about the succession of Ingland and leauing a side those other two considerations of iustice and chiualry in a king vvhich are far lesse important then the other though yet so highly regarded by ancient cōmon wealthes as you haue hard I shal treate principally of religion in this place as of the first and highest and most necessary pointe of al other to be considered in the admission of any prince for the profit of his subiects for that without this he destroyeth al and vvith this albeit he should haue defects in the other two pointes of iustice and manhode yet may it be holpen or his defect or negligence maye be supplyed much by others as after I shal shew more in particuler but if he vvant feare of God or care of religion or be peruersly persuaded therin the domage of the weale publique is inestimable First of al then for better vnderstanding of this point vve are to suppose that the first cheefest and highest ende that God and nature appointed to euery common wealth vvas not so much the temporal felicity of the body as the supernatural and euerlasting of the soule and this vvas not only reuealed to the Iewes by holy scripture but also vnto the gentiles and heathens by the instinct and light of nature it selfe For by this light of natural reason the learned sort of them came to vnderstand the immortality of the soule that her felicity perfection and ful contentmēt which they called her final ende and summum bonum could not be in this life nor in any thing created vnder heauen but must needs be in the life to come and that by atteyning to enioy some infinite endles immortal obiect which could fully satisfie the appetite of our soule this could be no other then God the maker of al himselfe And that consequently al other things of this transitory life and of this humane common wealth subiect to mans eyes are ordeyned to serue and be subordinate directed to the other higher ende and that al mans actions in this vvorld are first of al and in the highest degree to be imployed to the recognising seruing and honoring of this great Lord that gouerneth the whole as author and end of al. To this light I say came the heathens euen by the instinct and direction of nature whereof insued that ther was neuer yet pagan Philosopher that wrote of framing a good common vvealth as Socrates Plato Plutarch Cicero and others nether lawmaker among them that left ordināces for the same purpose as Deucalion Minos Zaleucus Licurgus Solō Ion Numa or the like vvhich besides the temporal ende of directing thinges wel for the body had not especial care also of matters apperteyning to the mynde to vvit of nourishing honoring and revvarding of vertue and for restrayning and punishing of vice and vvickednes vvherby is euident that their end and butt was to make their cytizens good and vertuous which vvas a higher end then to haue a bare consideration of temporal and bodily benifits only as many gouernours of our dayes though Christians in name seeme to haue vvho pretend no higher end in ther gouerment then bodily vvealth and a certayne temporal king of peace and iustice among ther subiects vvhich diuers beasts also do reach vnto in ther congregations and common wealthes as is to be seeme among emetts and bees cranes lyons and other such creatures that by instinct of nature are sociable and do liue in company and consequently also do maynteyne so mnch order and pollicy in ther common vvealth as is needful for their preseruation and continuance But nature taught man a far higher and more excellent ende in his common wealth which was not only to prouide for thos bodily benefits that are common also to creatures without reason but much more for those of the mynd and aboue al for the seruing of that high and supreme God that is the beginning end of al the rest For whose seruice also they learned by the same instinct and instirutiō of nature that the chiefest and supremest honor that could be done vnto him in this life by man was the honor of sacrifice and oblations vvhich we see vvas begun and practised euen in those first beginnings of the law of nature before the leuitical law and the particuler formes of this same law were prescribed by Moyses For so we read in Genesis of Noë that he made an alter and offred sacrifices to God vppon the same of al the beastes and byrdes that he had in the arke odoratusque est Dominus odorem suauitatis and God receaued the smel of thes sacrifices as a sweet smel Which is to say that God was highly pleased therwith and the like vve reade of Iob that vvas a gentile and liued before Moyses Sanctificabat filios consurgensque diluculo offerebat holocausta per dies singulos He did sanctifie his
in his description of those countryes the whole wealth and riches of the world seemed to slow thither and I my selfe can remember to haue seene such exceding abundance in very ordinairy men of this country both for their dyet apparrel furniture of house and the like as was wonder ful besides that for their nobilitie they were al great Princes for that euery one had his prouince or great towne in gouerment which they ruled whith that pompe and honor as if they had bin absolute lordes themselues by reason of the farr distance of their supreme Prince and so they were receaued whith publique honor of al citties and townes their charges borne wheresoeuer they passed as such high estates are wont to be And albeit they had euer commonly a strainger for supreme gouernor among them vnder their kinge which bare the name to be aboue them yet did he in deed nothing but as they would haue him and this partly for that his time of gouerment being but short he alwaies attended principally to gett the good willes of the people and to hold them contented and therby to be grat-ful to his king at his returne home and partly also for that if he should attempt to do any thing against their myndes and liking they made reply by their president and Chancelor and other of their owne Councelers residing for the Flemish nation in the court of Spayne for this nation hath alwaies a particuler councel ther about the king as al other forayne nations also haue that are vnder him and by this meanes they obteyned lightly what they would and brought the gouernor to what they pleased so as in effect they were absolute kings in themselues wrought their willes in euery thing this in that tyme while the country was quiet But now since their reuolt which hath indured almose these foure or fiue and twenty yeares what hath succeded surely their hath not a quarter so many bin punished or put to death in al these yeares by order of Iustice of their king absent as before I haue shewed that there were in one day by their owne earles and dukes when they were present that vppon far lesse occasion and cause giuen then are these for if we take away the two noble men Egmond and Horne put to death at the beginning of these Flemish troobles by the duke of Alua for which some men say also that he had no thanke afterward by the king no man of importance hath bin since executed and the cheefest townes that haue bin and are agaynst the king in Holland and Zeland are suffred vntil this day to traffique freely into Spayne and yet we know that for a little beginning of a certayne tumult this last yeare past in Spayne it selfe to wit in the kingdome of Aragon many heades haue bin stroken of and much iustice done where of then riseth this differēce no doubt for that the Flemmings are straingers far of and the other neere at home natural borne so as this circumstance of being a stranger and dwelling far of doth them great pleasure and giueth them priuilege aboue the homborne subiects The like I might shew for this matter of punishment in the fore said states of Italie where if a mā do compare the number of them that were put to death pulled downe or afflicted by order of Iustice and other wise at the commandement of the Prince in tyme of their owne home-borne kings with that which hath bin since especially of the nobility you shal not finde one for twenty and the reason of this is for that their owne kings were absolute and had to giue accompt to no man of their doings and for that they were men and had their passions and emulations with the nobilitie and might put the same in execution without accompt or controlment they pulled downe set vp at their pleasure and made oftentymes but a iest of noblemens liues and deathes but now these that are gouernours viceroyes for a forraine prince first they haue not so great authority or comission as to touch any such principal persons liues whithout giuing relation therof first vnto their king councel and receaue againe particuler order for the same and then they knowing that after their three yeares gouermēt is ended they must be priuate men againe and stay their 40. dayes as subiects vnder the next new gouernour to giue a reconning of their doings against al that shal accuse them which in these countryes they call to make their residence they take heede what they doe and whom they offend so as the condition of nobility is far different vnder such a strainge gouerment as this is termed then vnder a natural Prince of their owne country which oppresseth them at his pleasure But now to draw neer homward if we wil examine and considerer what hath passed in Ingland in this point of massacring our nobility by our domestical Princes it is a matter lamentable for it may seeme that they haue serued oftentymes for our Princes to make disport to play whith their heades And to let passe al those which in tyme of warres rebellions comotions haue bin cut of which occasions may seeme more iustifiable I do read also in our chronicles that 2 Sangue freddo as the Italian sayth that is to say in tyme of peace and by execution of iustice at the Princes appoyntment these noblemen following and knyghts by name were put to death with in the space of one fiue yeares in king Henry the fourth his dayes The duke of Excester the duke of Surrey the Archbis hop of Yorke the earles of Salisbury of Glocester of Worcester and of Huntington The earle mowbray earle marshal The Baron of Kinderton S. Roger Clarington bastard sonne of Edward the black Prince S. Thomas Blunr S. Barnard Rocas S. Richard Vernon And agayne soone aftervnder king Edward the fourth in almost whith in as litle space The dukes of Somerset and of Excester The earles of Deuonshire of Oxford and of Keyns The Lord Rosse the Lord Molyns S. Thomas Tudingham S. Phillip Wentworth S. Thomas fyndam and many others afterward for this was but at the beginning of his reigne which number of nobility if a man should haue seene them aliue together with their traynes before they had bin put downe he would haue said they had bin a very goodly company pitiful that so many of our owne nobilitie should be brought by our own Princes to such confusion But yet this matter may seeme perhapps the lesse maruelous and more excusable vnder those two kings for that troobles and contentions had passed a little before in the realme about the succession and heervppon so many of the nobility might be cut of but let vs see then what ensued afterwards when thinges were established and al doubt of contention about the succession taken away as in king Henry the eight his dayes it was and yet do