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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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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
and did drive him out of his Realme into Castilla where he lived all the rest of his life in banishment and dyed in Toledo without ever returning and this Decree of the Councell and Pope at Lyons for authorizing of this fact is yet extant in our Common Law in the sixt Book of Decretal● now in print Lib. 6. de cret tit 6. de supplenda cap. Grand 1. And this King Don Alonso the third which in this sort was put up against his brother was peaceably and prosperously King of Portugal all the dayes of his life Garibay in hist de Portug lib. 34. cap. 20. 21. and he was a notable King and among other great exployts he was the first that set Portugal free from all subjection dependence and homage to the Kingdome of Castile which unto his time ●t ha● acknowledged and he left for his successor his so●● and heire Don Dionysi●el Fabricador to wit the great builder for that he builded and founded above forty and foure great towns in Portugal and was a most rare Prince and his off-spring ruleth in Portugal unto this day Infinite other examples could I alleage if I would examine the lives and discents of these and other Kingdoms with their Princes and namely if I would speak of the Greek Emperours deprived for their evill government not so much by popular mutiny which often hapned among them as by consent and grave deli●e●ation of the whole State and Weal-publick Glicas in Annal. part 4. Zon. Annal. co 3. in vita Michael Calapha as Michael Calaphates for that he had troden the Crosse of Christ under his feet and was otherwise also a wicked man as also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authority and the like whereof I might name many but it would be too long What should I name here the deposition made of Princes in our dayes by other Common-wealths as in Polonia of Henry the third that was King of France and before that had been sworne King of Polonia of which Crowne of Polonia he was deprived by publick act of Parliament for his departing thence without license and not returning at his day by the said State appointed and denounced by publick Letters of peremptory commandement which are yet extant In literis reip Polon ad Henr. Valesium pag. 182. 184. Vide Gagneum part 1. de rebus Polon In Suetia What should I name the deprivations of Henry King of Suetia who being lawfull successor and lawfully in possession after his Father Gustavus was yet put downe by that Common-wealth and deprived and his brother made King in his place who was in England in the beginning of Queen Elizabeths reigne whose sonne reigned King of Polonia Polin 1. 32. Histor de Franc. An. 1568. and this fact was not only allowed of at home by all the States of that countrey but also abroad as namely of Maximilian the Emperor and appointed also by the King of Denmarke and by all the Princes of Germany neer about that Realme who saw the reasonable causes which that Common-wealth had to proceed as it did And a little before that the like was practised also in Denmarke against Cisternus their lawfull King if we respect his discent in blood for he was sonne to King Iohn that reigned afore him and crowned in his fathers life but yet afterwards for his intolerable cruelty he was deprived and driven into banishment together with his wife and three children all which were disinherited and his Vncle Frederick Prince of Holsatia was chosen King who●e Progeny yet remaineth in the Crowne and the other though he were married to the sister of Charles the fifth last Emperour of that name and were of kin also to King Henry the eight in England yet could he never get to be restored ●●●pessed his time miserably partly in banishment and partly in prison untill he died Sleydon l. 4. hist An. 1532. Mu●st lib. 3. Cosmogra in d●script D●●i'e Paulus Iovius in viris illust But it shall be best perhaps to end this narration with example out of England it selfe for that no where 〈◊〉 have I read more markeable accidets touching this point then in England and for brevity sake I shall touch only a few since the Conquest for that I will goe no higher though I might as appereth by the example of King Ed●in and others neither will I begin to stand much upon the example of King Iohn though well also I might so that by his cruell government he made himselfe both odious at home and contempt●ble abroad After him King Henry the third was admitted and he proved a very worthy King after so cruell a one as had gone before him and had been deposed which is a circumstance that you must alwayes note in this narration and hee reigned more yeares then ever King in England did before or after him for he reigned full 53 years and left his son and heire Edward the first not inferiour to himselfe in manhood and vertue who reigned 34. yeares and left a son named Edward the second who falling into the same defects of government or worse then King John his great Grandfather had done was after 1. yeares reigne deposed also by act of Parliament holden at London the yeare 1326. Polyd. l. 18. hist Anglicanae Anno 1326. and his body adjudged to perpetuall prison in which he was at that present in the Castle of Wallingford whither divers both Lords and Knights of the Parliament were sent unto him to denounce the sentence of the Realme against him to wit how they had deprived him and chosen Edward his son in his place Stow in the life of King Edward the 2. for which act of choosing his son he thanked them heartily and with many teares acknowledged his owne unworthinesse whereupon hee was degraded his name of King first taken from him and he appointed to be called Edward of Carnarvan from that houre forward And then his Crowne and ring were taken away and the Steward of his house brake the staffe of his office in his presence and discharged his servants of their service and all other people of their obedience or allegiance toward him and towards his maintenance he had only a 100 marks a year allowed for his expences and then was hee delivered also into the hands of certain particular keepers who led him prisoner from thence by divers other places using him with extreme indignity in the way untill at last they took his life from him in the Castle of Barkley and his son Edward the third reigned in his place who if we respect either valour prowesse length of reigne acts of chevalry or the multitude of famous Princes his children left behind him was one of the noblest Kings that ever England had chosen in the place of a very evill one But what ●hall we say Is this worthinesse which God giveth commonly to the successours at these changes perpetuall or certaine by discent no
to alledge out of the 2. rank only which began with the exclusion and deposition of their lawfull king Childerike the 3. and election of k. Pepin then surnamed le brefe or the little for his small stature though he were a Gyant in deeds being made king of France by meer election in the yeer of Christ 751. after 22 Kings that had reigned of the first line of Pharamond for the space of more then 300 yeers being so famous worthy a King as all the world knoweth reigned 18 yeers and then left his States Kingdoms by succession unto his eldest Son Charles surnamed afterward the Great for his famous heroicall acts And albeit the whole kingdom of France appertained unto him alone by the law of succession his Father being King and hee his eldest Son yet would the Realm of France shew their authority in his admission which Girard setteth down in these words Estant Pep●n decede les Francois esleurent Rois Charls Carlomon ses fils ala charge quils partageroient entre eux egalement le royaume Gir. du Haillan l. 3. an 768. which is king Pepin being dead the brench-men chose for their kings his two Sons Charles Carlomon with condition that they should part equally between them the Realm Wherein is to be noted not only the elect on of the Common wealth besi●es succession but also the heavy condition laid upon the heyre to part half of his kingdom with his younger brother and the very same words hath Eginard an ancient French Writer in the life of this Charles the Great to wit That the French State in a publike Assembly did chuse two Princes to be their Kings with expresse condition to divide the Realm equally as Francis Belforest citeth his words Eginard Belfor l 2. c. 5. After 3 yeers that these two Brethren had reigned together K. Carlomon the yonger dyed and left many Sons the elder whereof was named Adalgise but Belforest saith That the Lords Ecclesiasticall Temporall of France swore fidelity and obedience to Charles without any respect or regard at all of the child●en of Carlomon who yet by right of succession should have been preferred and Paulus Emilius a Latine Writer saith proceres regni ad Carolum ultroven entes regem tum totius Galliae sulutarunt Pa●l Mil. hist Fr●nc that is The Nobility of the Realme coming of their own accord un●o Charles saluted him k. of all France whereby is shewed that this exclusion of the children of Carlomon was not by force or tyranny but by free delibera●ion of the Realm After Charles the great reigned by succession his only Son Lewis the first surnamed de●onnaire of h●s courtesie who entring to reig● in the yeer 817. with great applause of all men for the exceeding gratefull memory of his father was yet afterward at the pur●uit principally of his own three sonnes by his first wise which were Lothair Pepin and Lups deposed Girard l. 1 An. 834. first in a chancell at Lions and then again at Compeigne and put into a monastery though afterward he came to reigne againe An 840. and his fourth sonne by h●s second wife which sonne was named Charles le ch●une for that he was bald ●ucceeded him in the states of France though after many battells against his brother Lothair to whom by succession the same apperteyned After Charles the bald succeeded Lewis the second surnamed le begue for his stuttering who was not eldest but third Son unto his Father an 878. for the second dyed before his Father the eldest was put by his succes●ion for his cruell demeanure this Lewis also was like to have bin deprived by the States at his first entrance for the hatred conceived against h●s Father Charles the ba●d but that he calling a solemn P●rl at Compeigne as Girard saith Gie l. 1. an 879 he made the People Clergy Nobility many fair promises to have their good wils This Lewis the stuttering left two bastard sons by a Concubine who were called Lewis Carlomon as also he left a litle Infant newly born of his lawfull fe Adeltrude daughter to k. Alfred of England which Infant was K. of France afterward by name of Charles the simple albeit not immediatly after the death of his Father for that the Nobles of France said that they that they had need of a man to be King not a child as Girard reporteth therefore the whole State of France chose for their Kings the two foresaid bastards Lewis the 3. Carlomon the first of that name joyntly they were crowned most solemnly divided the whole Relm between them in the yeer of Christ 881. Q. Adeltruds with her child true heir of France fled into England to her Father there brought him up for d●vers yeers in which time she saw 4 or 5 Kings Reigne in his place in France one after the other for briefly thus it passed Of these two bastard Kings the elder named Lewis reigned but 4 yeers and dyed without issue the 2d that is Carlomon lived but one yeer after him left a Son called also Lewis the 5. surnamed Faineant for his idle slothfull life an 886. For which as also for his vicious behaviour in perticular for taking out marying a Nun of the Abby of Baudour at Chels by Paris he was deprived made a Monk in the Abbey of S. Denis where he dyed in his place was chosen K. of France and crowned with great solemnity Charles the 4. Emperour of Rome srrnamed le gios for that he was fat corp●lent he was Nephew to Charles the bald before mentioned therfore the French stories say that he came to the Crown of France partly by succession partly by election Girard l. 5. an 888. but for succession we see that it was nothing worth for so much as Charles the simple the right heire was alive in England whom it seemeth that the French men had quite forgotten seeing that now they had not only excluded him three times already but afterwards also againe when this grosse Charls was for his cruel government by them deposed deprived not onely of the kingdom of France but also of his Empire which he had before he was King was brought into such miserable penury as divers write that he perished or want this time I say the States of France would not yet admit Charles the simple though hitherto his simplicity did not appear but he seemed a goodly Prince but rather they chose for King one Odo Earl of Paris Duke of Angiers caused him to be crowned But yet after a few yeers being weary of this mans government and moved also somewhat with compassion towards the youth that was in England they resolved to depose Odo and so they did while he was absent in Gascony and called Charls the simple out of England to Paris and restored him to the kingdom of France leaving only to
of the other two formes of Government also and namely in England all three do enter more or lesse for in that there is one King or Queen it is a Monarchy in that it hath certain Councels which must be heard it participateth of Aristocratia and in that the Commonalty have their voyces and Burgesses in Parliament it taketh part also of Democratia or popular Government All which linitations of the Princes absolute Authority as you see do come from the Common-wealth as having authority above their Princes for their restraint to the good of the Realme From like Authority and for like considerations have come the limitations of other Kings and kingly power in all times and Countries from the beginning both touching themselves and their posterity and successours as briefly in this place I shall declare And first of all if we will consider the two most renowned and allowed States of all the World I mean of the Romans and Grecians we shall finde that both of them began with Kings but yet with farre different Lawes and restraints about their Authorities for in Rome the Kings that succeeded Romulus their first Founder had as great and absolute Authority as ours have now a dayes but yet their children or next in bloud succeeded them not of necessity but new Kings were chosen partly by the Senate and partly by the people as Titus Livius testifieth Livil 1 dec 1. So as of three most excellent Kings that ensued immediatly after Romulus to wit Numa Pompilius Tullius Hostilius and Tarquinius Priscus none of them were of the Bloud Royal nor of kin the one to the other no nor yet Romans borne but chosen rather from among strangers for their vertue and valour and that by election of the Senate and consent of the People In Grecce and namely among the Lacedemonians which was the most eminent Kingdom among others at that time the succession of children after their fathers was more certain but yet Aristotle noteth Arist l. 2. c. 8. Pol. Plutarch in Lycurg Their authority and power was so restrained by certain Officers of the people named Ephori which commonly were five in number as they were not onely checked and chastened by them if occasion served but also deprived and somtimes put to death for which cause the said Philosopher did justly mislike this eminent jurisdiction of the Ephori over their Kings but yet hereby we see what authority the Common-wealth had in this case and what their meaning was in making Lawes restraining their Kings power to wit thereby the more to binde them to do justice which Cicero in his Offices uttereth in these words Justitiae fruendae causa apud majores nostros in Asia in Europa bene morati Reges olim sunt constiti c. at cum jus aquabile ab 〈◊〉 viro homines non consequerentur inventae sunt leges Cic. l. 2. Offic. Good Kings were appointed in old time among our Ancestours in Asia and Europe to the end thereby to obtain justice but when men could not obtain equal justice at one mans hands they invented Lawes The same reason yeildeth the same Philosopher in another place not onely of the first institution of Kingdomes but also of the change thereof again into other Government when these were abused Omnes antiquae gentes regibus quondam paruerunt c. Cic. l. 3. de legibus That is All old Nations did live under Kingdomes at the beginning which kinde of Government first they gave unto the most just and wisest men which they could finde and also after for love of them they gave the same to their posterity or next in kin as now also it remaineth where kingly Government is in use but other Countries which liked not that forme of Government and have shaken it off have done it not that they will not be under any but for that they will not be ever under one onely Thus far Cicero and speaketh this principally in defence of his own Common-wealth I mean the Roman which had cast off that kinde of Government as before hath been said for the offence they had taken against certain Kings of theirs and first of all against Romulus himselfe their first Founder for reigning at his pleasure without law as Titus Livius testifieth for which cause the Senatours at length slew him and cut him in small pieces And afterwards they were greatly grieved at the entring of Scrvius Tullius their sixth King for that he gat the Crown by fraud and not by Election of the Senate and special approbation of the people as he should have done but most of all they were exasperated by the proceeding of their seventh King named Lucius Tarquinius sirnamed the proud who for that he neglected the Lawes of Government prescribed to him by the Common-wealth as namely in that he consulted not with the Senate in matters of great importance and for that he made War and Peace of his own head and for for that he appointed to himselfe a Guard as though he had mistrusted the People and for that he did use injustice to divers particular men and suffered his children to be insolent he was expelled with all his posterity and the Government of Rome changed from a Kingdom unto the Regiment of Consuls after two hundred yeares that the other had endured And thus much of those Kingdomes of Italy and Greece and if likewise we will look upon other Kingdomes of Europe we shall see the very same to wit that every Kingdom and Countrey hath his particular Lawes prescribed to their Kings by the Common wealth both for their Government Authority and Succession in the same for if we behold the Roman Empire it selfe as it is at this day annexed to the German Electours though it be first in Dignity among Christian Princes yet shall we see it so restrained by particular Lawes as the Emperour can do much lesse in his State than other Kings in theirs for he can neither make War nor exact any contribution of men or money thereunto but by the free leave and consent of all the States of the German Die● or Parliament and for his children or next in kin they have no action interest or pretence at all to succeed in their Fathers Dignity but onely by free Election if they shall be thought worthy nay one of the chiefest points that the Emperour must swear at his entrance as Sleydan writeth Sleydan l. 8. Anno 1532. is this That he shall never go about to make the Dignity of the Emperour peculiar or bereditary to his Family but leave it unto the seven Electours free in their power to chuse his Successour according to the Law made by the Pope ●regory the fifth and the Emperour Charles the fourth in this behalfe Blond Dicad 2. l. 3. Crant l. c. 25. The Kingdomes of Poloma and Bohemia do go much after the same fashion both for their restrant of power and succession to their Kings For first touching their
Saul though he were elected by God to that royal Thron yet was he slain by the Philistims by God's order as it was foretold him for his disobedience and not fulfilling the law and limits prescribed unto him Amon was lawfull King also and that by natural discent and succession for he was son and heir to king Manasses whom he succeeded and yet was he slain by his own people Quia non ambulavit in via Domini for that he walked not in the way prescribed unto him by God and unto these two kings so deprived God gave two Successours as I have named the like whereof are not to be found in the whole ranke of kings for a thousand yeares together for of Josias it is written Fecit quod crat rectum in conspectu Domini non declinavit neque ad dextram neque ad sinistram 2. Paralip 34. 5. He did that which was right in the sight of God neither did he decline unto the right hand nor the left he reigned 31 yeares 2. Paralip 35. And Jeremias the prophet that lived in his time loved so extremely this good king as he never ceased afterwards to lament his death as the Scripture saith 2 Chron. 34. 35. Chapters As for king David it shall not be needfull to say any thing how excellent a king he was for as many learned men do note he was a most perfect paterne for al kings that should follow in the World not as king Cyrus whom Xenophon did paint out more according to his own imagination of a perfect king that he wished then to the truth of the story but rather as one that passed farre in acts that which is written of him and this not onely in matters of religion piety and devotion but also of chivalry valour wisedom and policy neither is it true which Nicholas Maehiavel the Florentine N. Mach. l. 2. c. 2. in Tit. Liv. And some others of his new unchristian school do affirme for defacing of Christian vertue That religion and piety are le ts oftentimes to politique and wise Government and do break or weaken the high spirits of magnanimous men to take in hand great enterprises for the Common-wealth Aug. l●de Gran. This I say is extreme false for that as Divines are wont to say and it is most true Grace doth not destroy or corrupt but perfect Nature so so as he which by Nature is valiant wise liberal or politique shall be the more if also he be pious and religious which we see evidently in king David who notwithstanding all his piety yet omitted he nothing appertaining to the state and government of a noble wise and politique Prince for first of al he began with reformation of his own Court and Realm in matter of good lif and service of God wherein he used the counsel and direction of God and of Nathan the Prophet as also of Abiathar and Hiram the chief Priests and of Heman his wise Councellour 1. Par. 15. He reduced the whole Clergy into 24. degrees appointing 4000. Singers with divers sorts of musical instruments under Asaph Heman and other principal men that should be Heads of the Quire psal 22. 25. He appointed all Officers needfull both for his Court and also the Common-wealth with the Armes of the Crown which was a Lion in remembrance of the Lion which he had slain with his own hands when he was a childe he ordained a mynt with a peculiar forme of money to be stamped took order for distributing relief unto the poor and other like acts of a prudent and pious Prince After all this he turned himselfe to his old exercise of Warres to which he was given from his child hood being wonderfull valiant of his own person as appeareth by the Lion and Bear that he slew with his own hands and the courage wherewith he took upon him the combat with Goliah and as he had shewed himselfe a great Warriour and renowned Captain many yeares in the service of Saul against the Philistims and had gained many noble victories so much more did he after he was king himselfe for that he conquered not onely the philistims but also the Amorites Idumeans Moabites with the kings and people of Damasco and all Syria even unto the River Euphates and left all these Countries peaceable to his Successour 2 Reg. 8. and in three or four Battailes wherein David himselfe was present within the space of two or three yeares almost a hundred thousand Horse and Foot slain by him 8. paral 18. and that himselfe flew in his dayes eight hundred with his own hands 2 reg 13. Joseph l. 7. antiqu c. 10. and that he made by his example thirty and seven such Captaines as each one of them was able to lead and governe a whole Army and yet among all these expences of Warres had he care to lay up so much money and treasure as was sufficient for the building of that huge and wonderfull Temple after him which hee recommended to his son Salomon and amidst all this valour and courage of so warlike a King and Captaine had he so much humility as to humble himselfe to Nathan the Prophet when he came to rebuke him for his fault and so much patience and charity as to pardon Semci that reviled him and threw stones at him in the high way as he went and among so many and continuall businesses both Martiall and Civill and great affaires of the Commonwealth he had time to write so many Psalmes as we see and to sing prayses seven times a day to Almighty God and to feel that devotion at his death which we read of and finally he so lived and so dyed as never Prince I thinke before him nor perhaps after him so joyned together both valour and vertue courage and humility wisdome and piety government and devotion nobility and religion Wherefore though I have been somewhat longer then I would in this example yet hath it not been from the purpose to note somewhat in particular what two worthy Kings were put up by God in place of two other by him deprived and deposed And now if we will leave the Hebrews and returne to the 〈◊〉 of whom we spake before we shall finde divers things notable in that state also to the purpose we have in hand For before Romulus their first King having by little and little declined into tyranny 〈◊〉 thine and cut in peeces by the Senate 〈◊〉 1. which at that time contained an hundred in number and in his place was chosen Numa Pompilius the notablest King that ever they had wh● prescribed all their order of Religion and manner of sacrifices imitating therein and in divers other points the rites and ceremonies of the Jewes as Ter●ul● and other Fathers does note 〈…〉 contrahaeres Iustin Martyr apolog Hee began also the building of their Capitol added the two months of January and February to the yeare and did other such notable things for that Commonwealth Againe when Tarqui●ius
gratefully but discourteous rather and injuriously towards him that gave him first this authority To which also they doe alleage the speech of the Prophet Samuel in the first Booke of the Kings where the people of Israel demanded to have a King to governe over them as other nations round about them had and to leave the the government of thhe high Priest under whom at that day they were At which demand both God himself and Samuel were grievously offended and Samuel by Gods expresse order protested unto them in this manner 1. Reg. 8. Well quoth he you will have a King hearken then to this that I will say Hoc erit ius regis qui imperaturus est vobis this shall be the right and power of the King that shall rule over you to wit he shall take from you your children both Sons and Daugh●ers your Fields and Vinyards your Harvest also and Ren●s your Servants Handmaids and Heards of Cattie and shall give them to his Servants and you shall cry unto God in that day from the face of this your King whom you have chosen and God shall not hear you for that you have demanded a King to govern you Out of all which discour●e and speech of the Prophet these men doe gather that a King is nothing so restrained in his power or limited to law as you have affirmed but rather that his law is his own will as by these words of the Prophet may appear much lesse may the Common-wealth chastise or deprive him for exceeding the limits of law or doing his will seeing that here in this place God doth fore-tell that Princes oftentimes shall commit excesses and injuries and yet doth he not therefore will them to chasten or depose them for the same but rather insinuate●h that they must take it patitiently for their sinnes and cry to God for remedy and persevere therein though he do not at the first hearken to them or grant their redresse The fifth Speech I Confesse that Flatterers of Princes in these our days have not onely affirmed that Princes were lawlesse and subject to no accompt reason or correction whatsoever they did but also which is yet more absurd pernicious to all Common-wealths Belloy apolog part 2. p. 7. apol pro Rege c. 6. 24. 26. That all goods chattels possessions and whatsoever else commodities temporall of the Common-wealth are properly the Kings and that their subjests have onely the use thereof without any propriety at all so as when the King will he may take it from them by right without injustice or injury which assertions do overthrow wholly the very nature and substance of a Common wealth it self For first to say that a King is subject to no law or limitation at all but may do what he will is against all that I have alleadged before of the very institution of a Common-wealth which was to live together in justice order and as I shewed out of Cicero speaking of the first Kings Iustitiae fruendae causa bene morati Reges olim sunt constituti For enjoying of iustic● were Kings appointed in old time that were of good life but if they be bound to no justice at all but must be born and obeyed be they never sowicked then is this end and butt of the common wealth and of all Royal authority utterly frustrate then may we set up publike Murderers Ravishers Theeves and Spoylers to devour us in stead of Kings and Governours to defend us for such indeed are Kings that follow no law but passion sensuality do commit injustice by their publike authority then finally were all those Kings beforementioned both of the Jewes Gentiles and Christians vnlawfully deprived their Successors unlawfully put up in their places consequently all Princes living in Christianity at this day who are deseended of them are intruders no lawful Princes By the second saying also that all temporallties are properly the Princes that Subjects have only the use therof without any interest of their own no lesse absurdities do follow then of the former assertion for that first it is against the very principle foundation of our civill law which at the first entrance begining maketh this division of goods That some are common by nature to all men as the Ayr the Sea and the like other are publike to all of one City or Country but yet not common to all ingenerall as Rivers Ports and other such some are of the community of a City or Common-wealth but yet not common to every particular person of that City as common Rents Theators the publike house c some are of none nor properly of any mans goods as Churches and sacred things and some are proper to particular men as those which every man possesseth of his own which divi●●on of Iustiman the Emperour his most learned Lawyers is not good if the Prince bee Lord proprietary of all nay he that made this division being Emperour did great injury also to himself ●n assigning that to others which by the opinion of Belloy his fellows was properly truly his own in that he was Emperour Lord of the world Besides all this so absurd a saying is this as it over●hroweth the whole nature of a Common wealt● it self waketh all subjects to be but very slaves For that slaves bondmen as Aristotle saith in this do diffe● from Free-men that slaves have only the use of things without property or interest cannot acquire or get to themselvs any dominion or true right in any thing for that whatsoever they do get it accreweth to their Master not to themselvs for that the condition of an Oxe or an Asse is the very same in respect of a poor man that hath no slave for that the Oxe or Asse g●t●eth nothing to himself but only to his Master can be Lord of nothing of that for which he laboureth for this cause wittily also said Arist●tle that bos aut asinus pauperi agricolae proservo est An Oxe or an Asse is to a poor husbandman in stead of a boudman so seeing that Malignants will needs have the state condition of all Subjects to be like unto this in respect of their Prince and that they have nothing in propriety but only the use and that all dominion is properly the Princes what doth the other then make all Subjects not only slaves but also Oxen and Asses and pecora campi Last of all for I will not overload you with reasons in a matter so evident if all Subjects goods be properly the Kings why then was Achab and Iezabell King Queen of Israel so repre●ended by Elias and so punished by God for taking away Nabothes Vinyard seeing they took but that which was their own Nay why wa● not Naboth accused of iniquity rebellion treason for that he did hot yeeld up pre●ently his Vinyard when his Princes demanded the same seeing
300. years after recorded by the same author of the Emperour Michaell the first in these words The Grecian Emperours oath Michaell ubi dilaxit magnam ecclesiam ingressus a Patriarcha Nicephoro imperatorio diademate est ornatus post silato scripto quo promilleret se nulla eccleisa instituta violatu●um neque christianorum sanguine manus contaminaturum Zon. To● 3. in vita Mich. An. 820. ●hich is Michell new chosen Emperour came early in ●he morning into the great Church of Constantinople and was crowned there with the Emperial crown by the hands of Nicephorus the Patriarch but yet so as he was first required to swear and promise by writing that he would never violate the ordinances of the Church nor contaminat is hands with christian bloud which in effect is as much to say as that he should reign godly justly many other such examples might be alledged but by this it is easie to see what was the fashion of admitting crowning those Grecian Emperours by their Patriarks in the name of all the Common-wealth which Common-wel●h was not satisfied with an oath except also it were set down in writi●g And if we passe to the Latine VVest Empire which about this very time was restored by Zachary the Pope by the whole Common-welth of Rome was given to Cha●les the great his Posterity we shall find that this point is more setled more inviolably kept vet in this Empire then in the other for albeit that this Empire 〈◊〉 West went by succession for the most part at the begining untill afterwards it was appointed by Pope Gregory the 5. to passe by the election of certaine Princes in Germany that now enjoy that priviledge to be Electors yet shal we see alwayes that they even before this constitution when this dignity went by succession were never admi●ted to the same without this circumstance of swearing to conditions of righteous government the forme manner o which admission for that I find it set down more perfectly perticulerly in the coronation of O●ho the I then of any other Emperor that by many Authors that this Otho was son heyr unto the famous Emperor of Hen. 1. of that name Duke of Saxony surnamed the Faulkner for the great delight ●e had in the flight of Faulcons Saxo Gram. l. 10. Cranzio l. 3. metro c 12. for these causes I mean to begin with the coronation of this man before any other This otho then son to H. ● though being his heir so named by H. himself to the inheritance of the said r●●wn of Germany yet was he not admitted thereunto untill he had made his oath received his new approbation by the people for so the story saith that the Archbishop of Moguntia the chief Prunate of all Germany bringing him to the Alter where he must swear said these words unto the people Behold I bring you here Otho chosen by God appointed ou● by his Father Henry our Lord now made King by all the Princes of this Empire if this election please you do you signifie the same by ho●●din● up your hands to Heaven Whitich ndus gest Saxon lib. 1. And the● upon the said Archbishop turned about to the Alter where lay all the ornaments ensigns of the Empire as the sword with the girdle the cloke with the bracelets th● staf with the scepter diadem every one whereo● the Archbishop out up ●n the Emperor telling him the signification of every thing what it did bind him un●o as for example when he put the sword about him he said accipe hunc gladium quo ejicias omnes Christi adversari●s ma●os christianos authoritate divino per Episcopos tibi tradita w●t●chin l. 2 which is take unto thee this sword wh●reby thou mayst cast out drive away all the enemies of Christ whether they be barbarous infidels or evill christians this by the authority of God delivered unto thee by us And thus he ●id with all other ornaments ensigns telling the signification obligation of every one taking the Emperours promise to perform all And after al Rex persusus olco sancto co●onatur diademate aureo ab Episcopis ab eisdem ad soticitur in eo colocatur The King being annointed with holy oyle was crowned by the Bishops and by the same was brought to the royall seat and therein placed This happened about the year of Christ 940. and the ceremony is recounted in ore 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 was lawfully and orderly preferred to the imperiall feat after that it passed from the children of Charles the great and there be divers points worthy the noting in this example and among other that albeit he were lawful King and Emperour by succession as also by appointment of his Father yet was he chosen and admitted againe by the Princes and people and that he swore to fulfill all those points and conditions which the signification of the Emperial ornaments did bind him unto After this about 60 Yeares or more Pope Gregory the 5. in a synod holden in Rome did by the consent of Otho the 3. Emp●ror Nephew unto this other Oth● appoint a certain form of Election for the time to come of the German Emperour that he should be chosen by six Princes of Germany three eclesiasticall which are the Arch-Bishops of Moguntia Colen and Trevires and three temporall Lords Blend decad 2 li. 3 Crant l. 4. cap. 25. Duke of Saxony the County Palatine of Rhene and the Marques of Brandeburg and when these 6 voices should happen to be equally devided then that the Duke of Bohemia for then it was no Kingdom should have place also to determin the election All which was determined in the Y●are of Christ 996. in Rome and approved afterward by all the Princes of Germany and allowed by all other Christian Princes and states of the world and so endureth unto this day And among all other points of this his Coronation and his Oath to be taken for his well government was and is most exactly set downe and recorded by many historiographers of that time and since But I shall alleadge them only out of Iohn Sleydan as the most convenient Authour for this our time and purpose Sleyd l. 1. Histor An. 1519. First of all after any man is chosen Emperor he is to be called only Cesar and the King of the Romans and not Emperour untill he be Crowned and the conditions which he sweareth unto presently after his election Are to defend the Christian and Catholique Religion to defend the Pope and Church of Rome whose advocate he is to minister iustice equally to all to follow p●ace to keepe and observe all Lawes Rights and Priviledges of the Empy●e not to alienat or engage the possessions of the Empyre to condemn
alleadged that diverse of our English Kings have come out of France as William Corquerour borne in Normands King Steven soune to the Earl of Blois and Bolen a French man and King Henry the Second born likewise in France and sonne to the Earl of A●iou but also for that in very deede the thing it selfe is all one in both Nations and albeit I have not seen any particuler Book of this action in England as in French there is yet it is easie to gather by stories What is used in England about this affaire For first of all that the Arch-Bishop of Ca●terbury did ordinarily doe this ceremony in England as the Arch-Bishop of Rhemes doth it in France there is no doubt and with the same solemnity and honour according to the condition and state of our Countrey and Polidor Virgill in his story Polid. ib. 13 Hist Angile in vita Henrici noteth that Pope Alexander did interdict and suspend the Arch-Bishop of Yorke with his two assistants the Bishops of London and Salisbury for that in the absence of Thomas Becket Arch-Bishop of Canterbury and without his licence they did Crown King Henry the seconds sonne named also Henry at his Fathers perswasion and divers do attribute the unfortunate successe of the said King Henry the younger that rebelled against his Father to this disorderly and violent coronation by his Fathers appointment Secondly that the first thing which the said Arch-Bishop requireth at the new Kings hands at his Coronation is about religion Church matters and the Clergie as in France we have seen it appeareth evedently by these words which the same Arch-Bishop Thomas surnamed commonly the martyr remaining in banishment wrote to the same King Henry the Second which are these Memores sitis confessionis quam fecitis posuistis super altare apud Westmonasteriam de servanda Ecclesiae liberiate quando consecrati fuistis uncti in regem a pradecessore nostro Thebaldo Invita D. Thom. Cantuar. apud surium in mense Decembris Which is do you call to your remembrance the confession which you made and laid upon the Alter at Westminster for keeping and defending the liberty of the Church when you were consecrated and Anointed King by Thebaldus our predecessour By which words appeareth that as the King of England was consecrated and anointed in those dayes by the Arch-Bishop of Canterbury so did he sweare and give up his Oath also in writing and for more solemnity and obligation laid it down or rather offered it up with his owne hands upon the Alter so much as was required of him by the said Arch-Bishop and Clergie for the speciall safety of Religion and these Ecclesiasticall liberties which is the selfe same point that we have seene before as well in the Oath of the Kings of France as also of Polonia and Spaine and of the Emperours both Grecian and German The very like admonition in effect I finde made by another Thomas Arch-Bishop of Canterbury to another King Henry to wit by Thomas A●undell to King Henry the fourth when in a Parliament holden at Coventry in the Yeare 1404. the King was tempted by certain temporall men to take away the temporalities from the Clergie whereunto when the said Arch-Bishop Thomas had answered by divers reasons at last turning to the King ●e besought him saith Stow in vita Henrici 4. to remember the Oath which he voluntarily made that he would honour and defend the Church and ministers thereof Whereof 〈◊〉 desired him to permit and suffer the Church to enjoy the priviledges and 〈…〉 of his prodecessours it did enjoy and to fear that King which reig●eth 〈…〉 by whom all other Kings do reigne moreover he desired him to consider his promise also to all the realm which was that he would preserve unto every man their wright and title so far as in him lay By which speech of the Arch-Bishop the King was so far moved as he would heare no more of that bil of the laytie but said that he would leave the Church in as good estate or better then he found it and so he did but yet hereby we come to learne what Oath the Kings of England do make at their Coronations touching the Church and Clergie The other conditions also of good government are partly touched in the speech of the Arch-Bishop Holinosh in his Cro. Page 476. and 1005. and much more expresly set down in the King of Englands Oath recorded by ancient writers for that he sweareth as both Holinshead and others do testifie in their English stories in these very words to wit That he will during his life beare reverence and honour unto almightie God and to his Ca●holique Church and unto his Ministers and that he will administer law and justice equall to all and take away all unjust Lawes Which after he had sworne laying his handes upon the Gospells then doth the Arch-Bishop turning about to the people declare what the King hath promised and sworne and by the mouth of a harrald at armes asketh their consents whether they be content to submit themselves unto this man as unto their King or no under the conditions proposed whereunto when they have yealded themselves then begineth the Arch-bishop to put upon him the regall Ornaments as the sword the ring the scepter Crown as before in the French Coronation you have heard and namely he giveth him the Scepter of Edward the Confessor and then he adeth also the same words of Commission and exortation as the other doth to wit stand and hold thy place and keepe thy Oath and thereunto adjoyneth a great communication or treat on the behalf of Almighty God if he should take upon him that dignity without firm purpose to observe the things which this day he hath sworn and this is the summe of the English Coronation which you may read also by piece meale in Iohn Stow. Stow in vita Richardi 2 in fine according as other things in that his brief collection are set down but especially you shall se it in the admissions as well of the said King Henry the 4 now last mentioned as also of K. Edward the fourth at their first entrances to the Crown for in the admission of K. Henry Stow sheweth how the people were demanded thrice whether they were content to admit him for their King and that the Arch-Bishop of Canturbury who was the same Thomas Arundell of whom we speak before did read unto them what this new King was bound by Oath unto and then he took the Ring wherewith he was to wed him to the Common-wealth which wedding importeth as you know an Oath and mutuall obligation on both sides in every marriage and the Earle of Northumberland high Constable of England for that day was willing to shew the said Ring to the people that they might thereby se the band whereby the King was bound unto them And then it was put upon his finger and the King kissed the Constable in signe of
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