and Albert of Austria were elected Emperors wherupon eight yeers warre betweene them did ensue and as it often happened in the Empire of Rome when one Emperour was chosen by the Senate and another by the Soldiers and sometimes by euery legion one whereby such fiers were kindled as could not bee quenched without much bloude For these warres are most cruelly executed because the quarrell leaueth no middle state inter summum praecipitium betweene the highest honour and the deadliest downefall For these and diuers other respectes it hath bin obserued at most times in all nations and at all times in most that the roialtie hath passed by succession according to propinquitie of bloud We read that Ptolomie who after the death of Alexander the great seazed vpon Aegypt and part also of Arabia and of Africk left that state to his youngest sonne but Trogus saide and out of him Iustine that it was against the lawe of Nations and that vpon this occasion one of them did worke the death of the other And therefore when afterward Ptolomie surnamed Physcon at the importunitie of his wife Cleopatra would haue preferred his youngest son to the succession of his kingdom Iustine saith that the people opposed themselues against it but Pausanias more probably affirmeth that they reuersed his order after his death The same course was held in Italy by the Hetruscanes Latines and those Albanes from whome the Romanes tooke their originall Liuie writeth that Procas king of the Albanes appointed Numitor to succeede in his estate but Amulius his yonger brother did vsurpe it by force hereupon Dionysius Halicarnasseus saith that Amulius held the kingdome against right because it appertained to his elder brother Among the Graecians during the space of six hundred yeares wherein they were gouerned by kings we finde but Timondas and Pittacus who were elected the one of Corinth the other of Negropont the residue held their states by order of successioÌ„ as Thucidides affirmeth encouÌ„tring therein the opinion of Aristotle Liuy writeth that Perseus king of Macedon said that by the order of Nature the law of Nations and the ancient custome of Macedony the eldest sonne was to succeede in the kingdome Diodorus Siculus and Iustine doe report that by this custom Alexander succeeded his father Amyntas before his yonger brother Phillippe Herodotus declareth that the same order was obserued amoÌ„g the Troianes affirming that after the death of Priamus the kingdom was not to deuolue vnto AlexaÌ„der because Hector was before him in years The same also doth appeare by that which Virgil writeth Praeterea Sceptrum Ilione quod gesserat olim Maxima natarum Priami The Scepter vvhich Ilione vvhen she the state did stay The first daughter of Priamus vvith royall hand did svvay Out of which place Seruius Maurus doth collect that women also did vse to gouerne But more plainely this custome of the Troianes doth appeare by that which Messala Coruinus writeth that Troius had two sonnes Ilus and Assaracus and that Ilus by priuiledge of his age succeeded in the kingdome The Persians also who for a long time held the reines of all the nations neere vnto them had the same order of succession as Zenophon witnesseth which is also confirmed by two famous histories one between Artaxerxes Cyrus wherof Plutarch maketh mention the other between Artabazanes Xerxes reported by Herodotus Iustine wherin Artabazanes alleaged that it was a custome among all men that the eldest son should first succeed Agathocles out of him Athenaeus do write that the Persians had a golden water for so they terme it whereof it was capital for any man to drinke but only the king and his eldest son Whither this water were drawen out of the riuer Euleus which inuironeth the tower Susis the Temple of Diana wherof Pliny writeth that only the kings of Persia did drink or whether out of Choaspis whose waters Herodotus doth report to haue bin boiled caried after the king in siluer vessels or whether both these were one riuer I will neither determine nor discourse In Siria which is called Assiria as Herodotus writeth also Phoenicia Palestina Mesopotamia as appeareth by Pliny Eusebius diuers other the same custome is proued by that which Iustine L. Florus doe write that Demetrius hauing bin deliuered by his brother Antiochus king of Siria for an hostage to the Romanes hearing of the death of Antiochus declared to the senat in open asseÌ„bly that as by the law of nations he had giuen place to his elder brother so by the same law the right of succession was then cast vpon him The Parthians who being thrice attempted by the Romans in the time of their chiefest both discipline and strength were able to beare themselues victorious did alwaies acknowledge for their king the next of the bloud of their first king Arsaces Among the Germaines also who were of force to defeate fiue consulare armies of the Romanes Tacitus affirmeth that the eldest sonne did intirely succeede onely the horses did fall to the most valiant And that this was likewise the custome of the Iewes it is euideÌ„t by the whole history of their kings especially where it is said that Ioram succeeded Iosaphat the reason added because he was the eldest I should but burne day as the saying is in running further vpon particulars Herodotus doth aduow it to be a general custome among al men that the first in birth is next in succession Certaine ages after him S. Hierome said that a kingdom is due vnto the eldest In late ages our selues may see that the Tartars Turks Persians all the Asiaticks haue no other form of coÌ„stituting their kings No other is folowed in all the countries of Africk In the west Indies no other is yet discouered Insomuch as when Frances Pizaire in the conquest of Peru had slain Atibalippa the king therof the people brake into shew some of ioy all of contentmeÌ„t because he had made his way to the kingdom by murthering of his elder brother In Europe it is not long since all the Monarchies were successiue When the Empire of Almaine was made electiue it became in short time so either troblesom or base that diuers Princes refused to accept it of late it hath bin setled in one family but hath as yet litle increased either in dignity or in power The people of Denmarke Sweden Hungary and Bâ—eme doe chalenge to themselues a right of election but they accept their king by propinquitie of bloud So they did in Polonia vntill the line of Iagello was worne out and then they elected for king Henry duke of Aniou in France since which time they haue alwaies in the change of their kings exposed their state to faire danger of ruine Vpon this both generall and continuall custome Baldus saith that kingdomes are
vntil it was violently drawn froÌ„ Sardanapalus to the Medes From them also Cyrus by subuersion of Astyages did transport it to the Persians and from them againe the Grecians did wrest it by conquest After the death of Alexander his captaines without any consent of the people made partition of the empire among them whose successors were afterwards subdued by the armies and armes of Rome And this empire beeing the greatest that euer the earth did beare was in the end also violentlie distracted by diuers seueral either conquests or reuolts Leo After writeth that it is not a hundred yeares since the people of Gaoga in Africk had neither king nor Lord vntill one hauing obserued the greatnesse and maiestie of the king of Tombute did enterprise to attaine soueraigntie aboue them which by violence he effected and left the same to his posteritie And because I will not bee tedious in running through particulars giue you an instance of anie one people which hath not diuers times receiued both Prince and gouernment by absolute constraint Et Phillidasolus habeto and I will yeeld to all that you affirme But failing herein you shall bee enforced to confesse that in manie yea in most if not in all countries the people haue receiued libertie either from the graunt or permission of the victorious Prince and not the prince authoritie from the vanquished people What helpes nowe doe you imagine that the people haue assigned to their Prince The first you affirme to be the direction of lawes But it is euident that in the first heroicall ages the people were not gouerned by anie positiue lawe but their kings did both iudge and commaund by their word by their will by their absolute power and as Pomponius saith Omnia manu a regâ—bus gubernabantur Kings gouerned all things without either restraint or direction but onely of the lawe of nature The first lawe was promulged by Moses but this was so long before the lawes of other nations that Iosephus writeth It was more ancient then their gods affirming also that the word Law is not found in Homer or in Orpheus or in anie Writer of like antiquitie Of this law of nature Homer maketh mention in these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And they who keepe the lawes which God hath prescribed And againe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vnciuill and vniust is he and wanting priuate state Who holdeth not all ciuill war in horror and in hate And of the iustice of kings he writeth in this maner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In which verses Chrysostome affirmeth by the iudgment of Alexander that Homer hath delineated the perfect image of a King but that hee maketh mention of anie positiue lawes I doe rather doubt then assuredlie denie For Kings in auncient times did giue iudgment in person not out of any formalitie in lawe but onlie according to naturall equitie Virgil saith Hoc Priami gestamen erat cumiura vocatis More daret populis This was the robe which Priamus did alwaies vse to weare When he the people to him called their causes for to heare Which he doth also affirme of Aeneas Dido and of Alcestes The like doth Herodotus report of Midas king of Phrygia who consecrated his tribunall to Apollo and the like also dooth Plutarch of diuers kings of Macedonia Philarchus affirmeth in Athenaeus that the kings of Persia had palme trees and vines of goulde vnder which they did sit to heare causes But because it grew both troublesome tedious for al the people to receiue their right from one man lawes were inuented as Cicero saith and officers also appointed to execute the same Another original of lawes was thus occasioned When anie people were subdued by armes lawes were laid like logs vpon their necks to keepe them in more sure subiection which both because it is not doubtful and to auoid prolixitie I will manifest onlie by our owne example When the Romans had reduced the best part of this Iland into the forme of a prouince as they permitted libertie of lawe to no other countrie vnder their obedience so here also they planted the practise of their lawes and for this purpose they sent ouer manie professors and among others Papinian the most famous both for knowledge and integritie of all the authors of the ciuill lawe Againe when the Saxons had forced this Realme and parted it into seauen kingdomes they erected so manie settes of law of which onelie two were of continuance the Mercian lawe and the West Saxon law After these the Danes became victorious and by these newe Lordes new lawes were also imposed which bare the name of Dane-lawe Out of these three lawes partlie moderated partlie supplied King Edward the confessor composed that bodie of lawe which afterwardes was called Saint Edwards lawes Lastly the Normans brought the land vnder their power by whom Saint Edwards lawes were abrogated and not onlie new lawes but newe language brought into vse in somuch as all pleas were formed in French and in the same tongue children were taught the principles of Grammar These causes wee find of the beginning of lawes but that they were assigned by the people for assistance and direction to their kinges you bring neither argument nor authoritie for proofe it is a part of the drosse of your owne deuise The second helpe which you affirme that common wealthes haue assigned to their kings is by parliaments and priuie councelles But Parliaments in al places haue bin erected by kings as the parliament of Paris and of Montpellier in Fraunce by Philip the Faire the parliament in England by Henrie the first who in the sixteenth yeare of his raigne called a councell of all the states of his realme at Salisburie which our Historiographers do take for the first Parliament in England affirming that the kings before that time did neuer call the common people to counsell After this the priuie councell at the instance of the Archbishop of Canterburie was also established and since that time the counsellors of state haue alwaies bin placed by election of the Prince And that it was so likewise in auncient times it appeareth by thaâ— which Homer writeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 First hee established a councell of honorable old men And likewise by Virgill gaudet regno Troianus Acestes Indicitque foru et patribus dat iura vocatis Acestes of the Troiane bloud in kingdome doth delight He sets a Court and councell cals giues ech man his right I will passe ouer your course foggio drowsie conceite that there are few or none simple monarchies in the world for it would tire any â—to toyle after your impertinent errours and wil now rip vp your packet of examples whereby you indeuour to shew that the power of kings hath bin brideled by their subiects But what do you infer hereby What can you inforce will you
most worthie successour after this depriuation I will derogate nothing from his worthinesse but there was neuer king in England who without concurrent in the title of the crowne did draw more bloud out of the sides of his subiects Your second example is of king Edward the second whom many of our histories report to bee of a good and courteous nature and not vnlearned imputing his defectes rather to Fortune then either to counsell or carriage of his affaires His deposition was a violent furie led by a vvife both cruell vnchast can with no better countenance of right be iustified then may his lamentable both indignities and death vvhich therupon did ensue And although the nobilitie by submitting thēselues to the gouerment of his sonne did breake those occasions of wars which doe vsually rise vpon such disorders yet did not the hand of God forget to pursue reuenge For albeit king Edward his son enioyed both a long prosperous raign yet his next successor king Richard the second vvas in the like violent manner imprisoned depriued put to death I will prosecute the successiue reuenge which heereof also ensued being a strange matter worthie to be rung into the eares of all ages King Henry the fourth by whom king Richard was deposed did exercise the chiefest acts of his raigne in executing those who conspired with him against king Richard His son had his vertue well seconded by felicity during whose raigne by meanes of the wars in France the humour against him was otherwise imployed spent but his next successor king Henry the sixth was in the very like manner depriued together with his yong son Edward imprisoned and put to death by king Edward the fourth This Edward died not without suspiciō of poison after his death his two sons were in like maner disinherited imprisoned murthered by their cruell vnkle the duke of Glocester who being both a tyrant and vsurper was iustly encountred and slaine by king Henry the seauenth in the field So infallible is the law of iustice in reuenging cruelties and wrongs not alwaies obseruing the presence of times wherein they are done but often calling them into reckoning whē the offenders retaine least memorie of them Likewise the deposition of king Richard the second was a tempestuous rage neither led nor restrained by any rules of reason or of state not sodainely raised and at once but by very cunning and artificiall degrees But examine his actions vvithout distempred iudgement you will not condemne him to be exceeding either insufficient or euill weigh the imputations that were obiected against him and you shall find nothing either of any truth or of great moment Hollingshead writeth that he was most vnthankfully vsed by his subiects for although through the frailtie of his youth he demeaned himselfe more dissolutely then was agreeable to the royaltie of his estate yet in no kings daies the commons were in greater wealth the Nobilitie more honoured and the Clergie lesse wronged vvho notwithstanding in the euill guided strength of their will tooke head against him to their owne headlong destruction afterward partly during the raign of king Henry his next successor whose greatest atchiuements were against his owne people but more especially in succeeding times whē vpon occasiō of this disorder more english bloud was spent thē was in all the forren wars which had ben since the cōquest Three causes are commonly insinuated by you for which a king may be deposed tyranny insufficiencie impietie but what prince could hold his state what people their quiet assured if this your doctrine should take place how many good princes doth enuie brand with one of these markes what action of state can be so ordred that either blind ignorance or set mallice wil not easely straine to one of these heads euery execution of iustice euery demand of tribute or supply shall be claimed tyrannie euery infortunate euent shall be exclaimed insufficiencie euery kind of religion shall by them of another sect be proclaimed impietie So dangerous it is to permit this high power to a heedlesse and headlesse multitude who measure things not by reason and iustice but either by opinion which commonly is partiall or else by report which vsually is full of vncertainties and errors the most part doing because others doe all easie to become slauish to any mans ambitious attempt So dangerous it is to open our eares to euery foolish Phaetō who vndertaking to guid the chariot of the Sun will soone cast the whole earth into combustion You proceede that king Henry the sixth was also deposed for defectes in gouernment Let vs yeeld a little to you that you may bee deceiued a little that you may be carried by your affections how can you excuse these open vntruthes wherein it cannot bee but the diuell hath a finger you cannot bee ignorant that the onely cause which drevv the familie of Yorke into armes against king Henry vvas the title which they had vnto the crowne by vertue whereof it vvas first enacted that Richard duke of Yorke should succeed king Henry after his death but for that hee made vnseasonable attempts he was declared by parlament incapable of succession and afterwards slaine at the battaile of wakefield Then Edward his sonne prosecuting the enterprise hauing vanquished king Henry at the battaile of S. Albons obtained possession of the state caused king Henrye to be deposed and himselfe to be proclaimed crowned king Afterward he vvas chased out of the realme and by act of parlament both depriued and disabled from the crowne Lastly he returned againe and depriued king Henrye both from gouernment from life It is true that some defects vvere obiected against king Henry but this was to estrāge the harts of the peple frō him The main cause of the war did proceed frō the right of the one partie possessiō of the other The contrarietie of the acts of parlament vvas caused by the alternatiue victories of them both Your last example is of king Richard the third of vvhom you vvright First that although he sinned in murthering his Nephewes yet after their death hee vvas lawfull king Secondly that he was deposed by the common wealth who called out of France Henry earle of Richmond to put him downe Philosophers say that dreames doe commonly arise by a reflection of the phantasie vpon some subiect wherof we haue meditated the daie before It may be y◠your drowsie conceit vvas here cast into a dreame of that vvheron it had dozed in all this chapter Or at the best that you are like vnto those vvho haue so often tould a lie that they perswade themselues it is true King Edward the fourth left other children besides those that were murthered the duke of Clarence also vvho vvas elder brother to king Richard lest issue in life all vvhich had precedence of right before him And as for the second point tell mee I pray you by vvhat
sort to excuse them They are the best that your starued both cause and conceipt can possibly affoord and you haue also some fellowes in your folly Heliogabalus did solemnely ioyne the statues of the Sunne and of the Moone in mariage together Nero was maried to a man and tooke also a man to his wife The Venetians doe yearely vpon Ascention day by a ring and other ceremonies contract mariage with the sea But now in earnest men do dye whensoeuer it pleaseth God to call them but it is a Maxime in the common law of England Rex nunquam moritur The king is alwaies actually in life In Fraunce also the same custome hath bene obserued and for more assurance it was expresly enacted vnder Charles the fifth That after the death of any king his eldest sonne should incontinently succeede For which cause the ParliameÌ„t court of Paris doth accompanie the funeral obsequies of those that haue bene their kings not in mourning attire but in scarlet the true ensigne of the neuer-dying Maiestie of the Crowne In regard of this certaine and incontinent succession the Glossographer vpon the Decrees noteth That the sonne of a king may be called King during the life of his father as wanting nothing but administration wherein he is followed with great applause by Baldus Panormitane Iason Carol. Ruinus Andreas Iserna Martinus Card. Alexander Albericus Fed. Barbatius Philip Decius Ant. Corsetta Fra. Luca Matthe Afflict And the same also doth Sernius note out of Virgil where he saith of Ascanius Regemque requirunt his father Aeneas being yet aliue But so soone as the king departeth out of life the royaltie is presently transferred to the next successor according to the lawes and customes of our Realme All Writs go foorth in his name all course of iustice is exercised all Offices are held by his authoritie all states all persons are bound to beare to him alleageance not vnder supposall of approbation when hee shall be crowned according to your dull and drowsie coniecture but as being the true Soueraigne king of the Realme He that knoweth not this may in regard of the affaires of our state ioyne himself to S. Anthony in glorying in his ignorance professing that he knoweth nothing Queene Mary raigned three monâ—ths before she was crowned in which space the Duke of Northumberland and others were condemned and executed for treason for treason I say which they had committed before she was proclaimed Queene King Edward the first was in Palestina when his father dyed in which his absence the Nobilitie and Prelates of the Realme assembled at London and did acknowledge him for their king In his returne homeward he did homage to the French king for the lands which he held of him in France He also repressed certaine rebels of Gascoine amongst whom Gasco of Bierne appealed to the court of the king of Fraunce where king Edward had iudgement that Gasco had committed treason and therupon he was deliuered to the pleasure of king Edward And this hapned before his coronation which was a yeare and nine monâ—ths after he began to raigne King Henry the sixth was crowned in the eighth yeare of his raigne and in the meane space not onely his subiectes did both professe and beare alleageance but the King of Scottes also did sweare homage vnto him What neede I giue any more either instance or argument in that which is the cleare lawe the vncontroulled custome of the Realme Against which notwithstanding your weather-beateÌ„ forehead doth not blush to oppose a blind opinion that heires apparant are not true kings although their titles be iust and their predecessors dead This you labour to prooue by a few drye coniectures but especially and aboue all others you say because the Realme is asked three times at euery coronation whether they will haue such a man to be their king or no. First wee haue good reason to require better proofe of this question then your bare word secondly although we admit it to be true yet seeing the aunswer is not made by the estates of the Realme assembled in parliament but by a confused concurse necessarie Officers excepted of all sorts both of age and sexe it is for ceremonie only not of force either to giue or to increase any right Another of your arguments is for that the Prince doth first sweare to gouerne well and iustly before the subiects take their oath of alleageance which argueth that before they were not bound And further you affirme that it happened onely to king Henry the fifth among his predecessors to haue fealtie done vnto him before hee was crowned and had taken his oath I confesse indeed that Polydore and Stâ—w haue written so but you might easily haue found that they write not true the one of them being a meere straunger in our state the other a man more to be commended for indeuour then for art King Iohn being in Normandie when his brother dyed sent into England Hubert Archbishop of Canterburie VVilliam Marshall Earle of Strigvile and Geoffrie Fitzpeter Lord chiefe â—ustice who assembled the States of the Realme at Northhampton and tooke of them an oath of obedience to the new king Also king Henry the third caused the Citizens of London the Guardians of the Cinque-ports and diuers others to sweare fealtie to Prince Edward his sonne who being in Palestina when his father died the Nobilitie and Prelates of the Realme assembled in the new temple at London and did acknowledge him for their king And in like manner king Edward the third tooke an oath of all the Nobilitie of the Realme of faith after his death to Richard Prince of Wales and so did king Henry the first for his daughter Mawde and her yong sonne Henry After the death of king Henry the fifth that subiects did often sweare alleageance before the coronation and oath of the king you had neither countenance nor conscience to deny but it was neither of these two which did restraine you it proceeded onely from the force of truth which will manifest it selfe whatsoeuer art we vse to disguise it For otherwise what countenance what conscience had you to affirme that it is expresly noted by our English Historiographers That no alleageance is due vnto kings before they bee crowned Who are these Historiographers where doe they so write you that search euery dustie corner of your braines for a fewe ragged reasons to vphold your heresie should not either haue mentioned or omitted such pregnant proofes for in that you affirme and do not expresse them you condemne your selfe by your owne silence If you meane that which you alleadge out of Polydore and Stowe That an oath of fealtie was neuer made before coronation vntill the time of king Henry the fifth it is neither true nor to any such sence If you meane that of Polydore in tearming Henry the fift Prince and not King before he
was crowned in writing also that the States did consult in Parliament of creating a new king after the custome of their auncestors it is a sleepie ieast to straine euery word in such an author to proprietie of speech You might better haue cited what certaine cities in Fraunce not long since alledged for themselues That because they had not reputed Henry the fourth for their king because they had not professed alleageance vnto him they were not to be adiudged rebels whereupon notwithstanding the chiefest Lawyers of our age did resolue that forasmuch as they were originall subiects euen subiects by birth they were rebels in bearing armes against their king although they had neuer professed alleageance And this is so euidently the lawe of the Realme that it is presumption in vs both in you to assay by your shallow Sophistrie to obscure or impugne in me to indeuour by authorities and arguments to manifest or defend the same But the admission of the people you say hath often preuailed against right of succession So haue pyrates against merchants so haue murtherers and theeues against true meaning trauellers And this disloyalty of the people hath moued diuerse kings to cause their sonnes to be crowned during their owne liues because the vnsetled state of succeeding kings doth giue oportunitie to bouldest attempts and not as you dreame because admission is of more importance then succession I will examine your examples in the Chapters following In the meane time where you write that king Henry and king Edward both called the Fourth had no better way to appease their minds at the time of their death but by founding their title vpon consent of the people the Authors which you cite do plainely charge you with vnexcuseable vntruth King Edward neuer made question of his right king Henry did as some other Authors report but applied no such deceiptfull comfort this false skinne would not then serue to couer his wound To the seuenth Chapter which beareth title How the next in succession by propinquity of bloud haue oftentimes bin put backe by the commonwealth others further off admitted in their places euen in those kingdoms where succession preuaileth with many examples of the kingdome of Israel and Spaine HERE you present your selfe very pensiue to your audience as though you had so ouer-strained your wits with store of examples of the next in succession not admitted to the state that you had cracked the creadite of them for euer But you are worthy of blame either for endangering or troubling your selfe in matters of so small aduantage I haue shewed before that exāples suffice not to make any proofe and yet herein doth consist the greatest shew of your strength It is dangerous for men to be gouerned by examples though good except they can assure themselues of the same concurrence of reasons not onely in generall but in particularities of the same direction also and cariage in counsell and lastly of the same fauourable fortune but in actions which are euill the imitation is commonly worse then the example Your puffie discourse then is a heape of words without any waight you make mountaines not of Mole-hils but of moates long haruest for a small deale not of corne but of cockle and as one sayd at the shearing of hogges great crie for a little and that not very fine wooll Yea but of necessitie something you must say yea but this something is no more then nothing You suppose that either your opinion will be accepted more for authority of your person then waight of your proofes or else that any words will slide easily into the minds of those who are lulled in the humour of the same inclination because partialitie will not suffer men to discerne truth being easily beguiled in things they desire Besides whatsoeuer countenance you cary that all your examples are free from exception yet if you had cast out those which are impertinent or vniust or else vntrue you could not haue beene ouer-charged with the rest Your first example that none of the children of Saule did succeede him in the crowne is altogether impertinent because by particular and expresse appointment of God the kingdome was broken from his posteritie We acknowledge that God is the onely superiour Iudge of supreme Kings hauing absolute both right and power to dispose and transpose their estates as he please Neither must we examine his actions by any course of law because his will is aboue all law He hath enioyned the people to be obedient to their Kings he hath not made them equall in authoritie to himselfe And whereas out of this example you deduce that the fault of the father may preiudicate the sonnes right although he had no part in the fault to speake moderately of you your iudgement is either deceitfull or weake God in his high Iustice doth punish indeed the sinnes of parents vpon their posterity but for the ordinary course of humane iustice he hath giuen a law that the sonne shall not beare the iniquity of the father the equity wherof is regularly followed both by the Ciuill and Canon law and by the interpretors of them both Your second example is of King Salomon who succeeded in the state of Dauid his father notwithstanding he was his yongest sonne But this example in many respects falleth not within the compasse of your case First because he was not appointed successor by the people we speake not what the king and the people may do to direct succession but what the people may do alone Secondly for that the kingdome was not then stablished in succession Lastly for that the action was led by two Prophets Dauid and Nathan according to the expresse choise and direction of God whereby it is no rule for ordinary right Here many points do challenge you of indiscretion at the least You write that Dauid made a promise to Bathsheba in his youth that Salomon should succeed in his estate but if you had considered at what yeares Salomon began to raigne you should haue found that Dauid could not make any such promise but he must be a youth about threescore yeares of age You write also that Dauid adored his sonne Salomon from his bed but the words wherewith Dauid worshipped were these Blessed be the Lord God of Israel who hath made one to sit on my throne this day euen in my sight whereby it is euident that Dauid adored God and not his son This I note rather for obseruation of the loosenesse of your iudgement then for any thing it maketh to the purpose You are so accustomed to vntruths that you fall into them without either aduantage or end The like answer may be giuen to your example of Rehoboam because God declared his sentence therein by two Prophets Ahijah and Shemaiah But for that the ten tribes reuolted from Rehoboam vpō discontentment at his rough answer and with dispite against Dauid
and his house and not in obedience to Gods decree we cannot excuse them from offence for which it turned to their destructiō For hereupon first they were separated both from the place maner of the true worship of God thē there arose vnappeasable war betweene them the tribe of Iudah then insolencies following disorders they were neuer long time free from conspiracies diuisions and tumults by which meanes being drained both of wealth and inhabitants and reduced to a naked weaknesse they were lastly caried captiue into diuerse farre countries and strangers were sent to inhabite their cities I must here also obserue a few of your interpretations wherein your boldnesse is not limited with any bounds It is to be noted you say that before Rehoboam went to Shechem to be admitted by the people he was not accompted true King I desire therefore that you would satisfie vs in these places following Before Rehoboam went to Shechem the Scripture saith that Salomon died and was buried and Rehoboam his sonne raigned in his stead Againe after the defection of the ten tribes it is sayd that in the cities of Iudah Rehoboam did raigne still implying thereby that in the other cities he raigned before Againe they are sayd to haue rebelled against the house of Dauid And lastly Rehoboam raised all the strength of Iudah and Beniamin to bring the kingdome againe vnto him Further you write that ten tribes refused to admit Rehoboam but the Scripture saith that they rebelled What did God only allow hereof after it was done did he only permit the people to do it the Scripture testifieth that it was his decree that it was his deed and that he declared his will by Ahijah the Prophet during the life of Salomon and for his sins But these speciall warrants do not constitute a law they serue onely to make good the particular actions for which they are directed and not to iustifie another the like Lastly S. Paule saith that all things happened to the Iewes in figure vpon which place diuerse expositors haue noted that the state of the Iewes was a figure of the Church of Christ but that it was an example and patterne of all other states that should ensue it shall be ranged among your cast conceipts I refer me now to the iudgement of any man who taketh not pleasure to beguile himselfe whether you do not by art trumpery manifestly abuse vs partly by incapacitie partly by deceipt either corrupting or confounding whatsoeuer you take in hand Your humor both discontented and vnquiet hath armed your mind with bloudy desires which haue edged you on to put fewell to those slames which you shold endeuour to quench though it were with your bloud I will not stand vpon the particular examples of Spaine as well for that the matter is both tedious and to litle purpose as also for that we haue small conformitie with the customes of that nation Onely thus much in generall We acknowledge that in auncient times the kingdome of Spaine was electiue and therfore your examples drawne from thence are nothing pertinent The examples of later times are both few and vniust caried onely by faction and by force as Garabay testifieth of your example of Aurelio and as by the example of D. Sancho el Brauo I haue declared before But you accompt faction to be the Common-wealth and violence Iustice when it may make to the furtherance of your affaires The Historie of D. Berenguela I will briefly report rather for the respect which guided the Castilians then that I allow it for right which they did Henry had two sisters Donna Blanch the eldest maried to Lewes the eight King of Fraunce and Berenguela the yongest maried to Alphonso king of Leon. Henry dying without issue the Castilians feared if they should submit themselues vnto Blanch that their state being lesse then the state of Fraunce would be made a member thereof and gouerned as a Prouince and not as a kingdome And therefore they did rather chuse to professe allegeāce to the Lady Berenguela by which meanes the kingdome of Leon was afterwards annexed vnto Castile to the great encrease both of dignitie and assurance to them both I haue followed herein your owne Authors not being ignorant that others of better name do write that Berenguela was the eldest sister as I shall haue occasiō hereafter to declare but for the present let it be as you please and let vs weigh our owne wisdomes not only in straining but in forging titles to incurre those mischiefes which the Castilians reiected a lawfull title to auoid And this was also one of the motiues of the reuolt of Portugale which is your last example although it had also as Garabay writeth a concurrence of right For Ferdinand king of Portugale by his procurators the Bishop of Ebora and others did both contract and solemnize espousals with Elianor daughter of Peter king of Aragon But being entred into war with Henry king of Castile finding himself at some disaduātage he forsooke the king of Arragōs daughter cōtracted himself to Elianor daughter to the king of Castile vpō very beneficiall conditions for his state Afterward falling into fancy with one of his subiects named Elianor Telles de Meneses wife to a noble man called Lorenzo Vasques de Acun̄a he tooke her as his wife and enforced her husband to auoid the Realme had by her one only daughter named Beatrix who was ioyned in mariage to Iohn king of Castile After the death of the king of Portugale her father the king of Castile in the right of his wife laid claime to that realme was accordingly acknowledged by the chiefe of the nobility and Prelats and in particular by D. Iohn maister of Auis her fathers base brother who was then the most forward man in her fauour But afterwards falling into quarrell and hauing slaine the Count de Oren he stirred the people against the Queene cōpelled her to quit the city And after diuerse outrages and murthers committed vpon the Bishop of Lisbone an Abbesse and many others hee was first made gouernour of Portugall and then proceeding further in an assembly of his partie gathered at Coimbra he was made King Garrabay writeth that the chiefest obiection against Beatrix was because her mother was not King Ferdinands lawfull wife And I beleeue you also that they had a reflexe not to loose the dignitie of their kingdome as now they haue done and be made subiect to the cruell both auarice and ambition of a more potent state To the eighth Chapter which is entituled Of diuers other examples out of the states of France and England for proofe that the next in bloud are sometimes put backe from succession and how God hath approued the same with good successe YOur examples of France to which Nation wee are more neare both in scituation and lawes I will runne ouer with a swift course Of the
delayed to come into England they all fell rather not to denie then to acknowledge Harold for their king Take now which of these reports you please for all do serue to your purpose alike Hardicanutus after the death of Harold came out of Denmarke into Englande and the people hauing their courages broken with bondage were easie to entertaine the strongest pretender But after his death diuers of the Nobilitie especially Godwine Earle of Kent rising into hope to shake off theyr shoulders the importable yoake of the Danes aduaunced Edwarde the sonne of Etheldred to the Crowne as being the next of the race of the Saxon Kings though not in blood yet at hand for Edward the outlawe his elder brother was then in Hungarie and feare being the only knot that had fastened the people to the Danish Kings that once vntied they all scattered from them like so many birdes whose cage had bene broken Edward being dead Harold the sonne of Godwine vsurped the kingdome for as Malmesburie saith By extorted faith frō the nobilitie he fastned vpon the Crowne a forceable gripe Henry Huntington also and out of him Polydore doe write that vpon confidence of his power he inuaded the Crowne which vsurpation gaue both encouragement and successe to the enterprise of the Normanes This short passage of Historie you doe defile with so many vntruthes that it seemeth you haue as naturall a gift to falsifie as to eate drinke or sleepe But where you write that William the Conqueror formed any title by cōsent of the realme you grow into the degree of ridiculous We finde that he pretended the institution of king Edward which had neither probabilitie norforce and that he was nearer to him in blood then Harold the vsurper but that hee euer pretended the election of the people it is your own clowted cōceit For whē he had rowted the English armie in the field when hee had sacked their Townes harried their Villages slain much people and bent his sworde against the brests of the rest what free election could they then make Your selfe acknowlede also in another place that hee came to the Crowne by dinte of sworde and at his death his owne conscience constrained him to confesse that hee tooke it without right And in that the Pope and the French King fauoured his enterprise it is not materiall this was not the first iniustice which they haue assisted Neither was it the Popes hallowed banner as you affirme but the bowe and the arrowe the only weapon of aduantage long time after to this Nation whereby hee did obtaine the victorie One helpe hee had also within the Realme for that King Edward had aduanced diuers Normans to high place both of dignitie and charge who gaue vnto him muche secret both incouragement and assistance in his attempt And thus in all these turbulent times you are so farre from finding fiue or sixe that you are short of any one who was made King by free authoritie of the people King William Rufus made no other title to the Crowne but the testament of his Father For often vse hath confirmed it for lawe that a Victor may freely dispose of the succession of that state which hee hath obtained by the purchase of his sword The conquerer disinherited his eldest son Robert for that knitting with Philip King of France he inuaded wasted and spoiled Normandie and ioyned in open battell against his father wherein the father was vnhorsed and wounded and brought to a desperate distresse of his life Herevpon he cast forth a cruel curse against his sonne which he could neuer be entreated to reuoke in so much as vpō his death-bed he said of him that it was a miserable countrey which should bee subiect to his dominion for that he was a proud and foolish knaue to be long scourged with cruell fortune And wheras you write that at the time of his fathers death he was absent in the warre of Hierusalem it is a very negligent vntruth But it is an idle vntruth that you write that Henry the first had no other title to the crowne but the election of the people He neuer was elected by the people he neuer pretended any such title Nubrigensis after him Polydore do report that he laid his title because he was borne after his father was king Malmesburie saith Henry the youngest sonne of William the great being an Infant according to the desires and wishes of all men was excellently brought vp because he alone of all the sonnes of William was princely borne and the kingdome seemed to appertaine vnto him He was borne in England in the third yeare after his father entred into it And this was the like controuersie to that which Herodotus reporteth to haue happened betweene the sonnes of Darius the sonne of Hystaspis king of Persia when hee prepared an expedition against the Grecians and Aegyptians because by the lawes of Persia the king might not enter into enterprise of armes before he had declared his successor Darius had three children before he was king by his first wife the daughter of Gobris and after he attained the kingdome he had other foure by Atossa the daughter of Cyrus Artabazanes was eldest of the first sort Xerxes of the second Artabazanes alledged that he was eldest of all the Kings children and that it was the custome amongst all men that the eldest should enioy the principalitie Xerxes alledged that he was begotten of Atossa the daughter of that king by whose puissance the Persians had gained not onely libertie but also power Before Darius had giuen sentence Demaratus the sonne of Aristo cast out of his kingdome of Sparta came vnto Xerxes and aduised him to alledge further that he was the eldest sonne of Darius after he was king and that it was the custome of Sparta that if any man had children in priuate estate and afterward an other sonne when he was king this last sonne should be his successor vpon which ground Darius pronounced in the behalfe of Xerxes The same historie is reported by Iustine and touched also by Plutarch although they differ both from Herodotus and one frō the other in some points of circumstance Hereto also agreeth that which Iosephus writeth in reprehending king Herod for excluding Alexander and Aristobulus his sonnes and appointing Antipater borne to him in priuate estate to succeed in his kingdome Many great Lawiers haue subscribed their opinions to this kinde of title and namely Pet. Cynus Baldus Albericus Raph. Fulgosius Rebuffus and Anto. Corsetta deliuereth it for a common opinion But with this exception if the kingdome be acquired by any other title then by succession according to proximitie in bloud for in this case because the dignitie is inherent in the stocke the eldest sonne shall succeede although he were borne before his father was King And therefore Plutarch writeth that after the
kingdome of Persia was setled in succession when Darius the King had foure sonnes Artaxerxes the eldest Cyrus the next and two other Parysatis his wife hauing a desire that Cyrus should succeede in the kingdome pressed in his behalfe the same reason wherewith Xerxes had preuailed before affirming that shee had brought forth Artaxerxes to Darius when hee was a priuate man but Cyrus when he was a king Yet Plutarch writeth that the reason which shee vsed was nothing probable and that the eldest was designed to be King Howsoeuer the right stoode betweene Robert Duke of Normandie and his younger brothers the facte did not stande eyther with the quiet or safetie of the Realme For during the raigne of VVilliam Rufus it was often infested vpon this quarell both with forren armes and ciuill seditions which possessed all places with disorder and many also with fire rapine and bloud the principall effects of a liâ—entious warre These mischiefes not onely continued but encreased in the raigne of King Henry vntill Robert the eldest brother was taken prisoner in the fielde which put a period to all his attempts So dangerous it is vpon any pretence to put bye the next in succession to the crowne This Henry the first left but one daughter and by her a young sonne named Henry to whom hee appoynted the succession of the Realme and tooke an oath of all the Bishops and likewise of the Nobilitie to remaine faithfull vnto them after his decease Yet you write that because Stephen sonne of Adela sister to King Henry was thought by the states more fit to gouerne he was by them admitted to the Crowne In which assertion you cannot be deceiued you do not erre but your passion doth pull you from your owne knowledge and iudgement Polydore writeth that hee possessed the kingdome contrary to his oath for which cause the mindes of all men were exceedingly mooued some did abhorre and detest the impietie others and those very fewe vnmindefull of periurie did more boldely then honestly allowe it and followed his part Further he saith that he was crowned at Westminster in an assembly of those noble men who were his friendes Nubrigensis affirmeth that violating his oath hee inuaded the kingdome William Malmesburie who liued in King Stephens time saith that he was the first of all lay men next the King of Scots who had made oath to the Empresse Mawde and that he was crowned three Bishops being present of whom one was his brother no Abbot and a very fewe of the Nobilitie Henry Huntington who liued also in the same time saith that by force and impudencie tempting God he inuaded the Crowne Afterward he reporteth that being desirous to haue his sonne Eustace crowned king with him the Bishops withstood it vpon commaundement from the Pope because hee tooke vpoÌ„ him the kingdom against his oath Roger Houeden writeth that he inuaded the Crowne in manner of a tempest This is the report of those writers who came nearest both to the time and truth of this action whom other Authors do likewise follow Polydore and after him Hollingshead do write that he tooke vpon him the Crowne partly vpon confidence in the power of Theobald his brother Earle of Blois and partly by the aid of Hen. his other brother Bishop of Winchester Walsinghame addeth that Hugh Bigot who had bene King Henries Steward tooke an oath before the Archbishoppe of Canterburie that King Henry at his death appointed Stephen to be his successour Wherevpon the Archbishop and a fewe others were ouer-lightly ledde like men blinded with securitie and of little foresight neuer considering of daungers vntill the meanes of remedie were past You write that they thought they might haue dâ—ne this with a good conscience for the good of the Realme But what good conscience could they haue in defiling their faith such consciences you endeuour to frame in all men to breake an oathe with as great facilitie as a Squirrell can cracke a Nut. What good also did ensue vnto the Realme The Nobilitie were set into factions the common people into diuision and disorder and as in warres where discipline is at large there insolencies are infinite so in this confusion of the state there was no action which tended not to the ruine thereof the liues and goods of men remaining in continuall pillage Polydore saith Matrons were violated virgins rauished Churches spoiled Townes and Villages rased much cattle destroied innumerable men slaine Into this miserable face of extremities the Realme did fall into the same againe you striue to reduce it But you say that for the ending of these mischiefes the States in a Parliament at Wallingford made an agreement that Stephen should be King during his life and that Henry and his offspring should succeede after his death A man would thinke you had a mint of fables there is no historie which you handle but you defile it with apish vntruthes All our histories agree that king Stephen vnable to range things into better forme did adopt Henry to be his successor The second Huntington faith that this agreement was mediated by the Archb. of Cant. and the Bishop of Winchester who repented him of the furtherance he gaue to the aduancement of king Stephen when he sawe what miseries did therevpon ensue The like doth Houeden report and Holingshead setteth downe the forme of the charter oâ— agreement betweene them whereby it is euident that it was a transaction betweene them two and no compulsorie act or authoritie of the State I denie not but some Authors affirme that the King assembled the Nobilitie but neyther were they the States of the Realme neither were they assembled to any other ende but to sweare fealtie vnto Henry sauing the kings honour so long as hee should liue After the death of King Richard the first you affirme that the succession was againe broken for that Iohn brother to King Richard was admitted by the States and Arthur Duke of Britaine sonne to Geoffrye elder brother vnto Iohn was against the ordinarie course of succession excluded Well sir I arrest your worde remember this I pray you for I will put you in minde thereof in an other place That which here you affirme to be against the ordinarie course of succession you bring in an other place for proofe that the Vncle hath right before the Nephewe You do wildely wauer in varietie of opinion speaking flatte contraries according as the ague of your passion is eyther in fitte or intermission The Historie of King Iohn standeth thus King Richard the first dying without issue left behinde him a brother named Iohn and a Nephewe called Arthur sonne of Geoffrye who was elder brother vnto Iohn This Arthur was appointed by King Richard to succeede in his estate as Polydore writeth Nubrigensis saith that he should haue bene established by consent of the Nobilitie if the Britaine 's had
AN ANSVVER TO THE FIRST PART OF A CERTAINE CONFERENCE CONCERNING SVCCESSION PVBLISHED not long since vnder the name of R. Dolman AT LONDON Imprinted for Simon Waterson and Cuthbert Burbie 1603. TO THE KINGS MOST EXCELLENT MAIESTIE MOst loued most dread most absolute both borne and respected Soueraigne to offer excuse for that which I needed not to haue done were secretly to confesse that hauing the iudgement to discerne a fault I wanted the will not to commit it Againe to seeke out some coulers to make it more plausible were to bring in question the sufficiencie thereof Therefore without further insinuation either for pardon or for acceptance I here present vnto your Maiestie this defence both of the present authoritie of Princes and of succession according to proximitie of bloud wherein is maintained that the people haue no lawfull power to remoue the one or repell the other In which two points I haue heretofore also declared my opinion by publishing the tragicall euents which ensued the deposition of King Richard and vsurpation of King Henrie the fourth Both these labours were vndertakeÌ„ with particular respect to your Maiesties iust title of succession in this realme and I make no doubt but all true hearted Englishmen wil alwaies be both ready and forward to defend the same with expence of the dearest drops of their bloud The Lord vouchsafe to second your honorable entrance to the possession of this crowne with a long prosperous continuance ouer vs. Your Maiesties most humble and faithfull subiect Io HAYVVARD Qui tibi Nestoreum concessit pectus eâ— ora Nestoreos etiam concedat Iupiter annos To R. DOLEMAN YOu will thinke it strange Maister Doleman that hauing lien these many yeares in quiet harbour froÌ„ the tempest of mens tongues you should now feele a storme to breake vpon you peraduenture you were perswaded as euery one suffereth himselfe to be beguiled with desire that this silence did growe eyther vpon acceptance of your opinion or from insufficiencie to oppose against it I assure you neither but partly from contempt and partly from feare Thâ— contempt proceeded from the manner of your writing wherein you regarde not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not how eyther truly or pertinently but how largelye you do wright endeauouring nothing else but eyther to abuse weake iudgements or to feede the humors of such discontented persons as wante oâ— disgrace hath kept lower then they had set their swelling thoughts The feare was occasioned by the nimble eare which lately was borne to the touche of this string for which cause our English fugitiues did stand in some aduantage in that they had free scope to publish whatsoeuer was agreeable to their pleasure knowing right well that their bookes could not be suppressed and might not be answered It may be you will question wherefore I haue not answered your second part it is ready for you but I haue not now thought fit to divulge the same partly because it hath beene dealt in by some others but principallie because I know not how conuenient it may seeme to discusse such particulars as with generall both liking and applause are now determined I forbeare to expresse your true name I haue reserued that to my answere to some cast Pamphlet which I expect you will cast forth against mee and I make little doubt but to driue you in the end to such desperate extremitie as with Achitophell to sacrifice your selfe to your owne shame because your mischieuous counsaile hath not bin embraced AN ANSVVERE TO THE FIRST CHAPter whereof the Title is this That succession to gouernement by neerenesse of bloude is not by lawe of Nature or deuine but onely by humane and positiue lawes of euery particular common wealth and consequently that it may vpon iust causes be altered by the same HERE you beginne that other conditions are requisite for comming to gouernement by succession besides propinquitie or prioritie of bloude which conditions must be limited by some higher authoritie then that of the King and yet are they prescribed by no law of Nature or deuine For otherwise one that wanteth his wits or sences or is a Turke in religion might succeed in gouernment which you affirme to be against al reason law religion wisdom coÌ„scieÌ„ce against the first end of InstitutioÌ„ of coÌ„moÌ„ wealths And that Byllay who maintaineth the contrarie doth it in fauour and flattery of some particular Prince What coÌ„ditioÌ„s are requisit in succession besides priority of bloud by what authority they are to be limited I wâ—l theÌ„ examin wheÌ„ you shal propouÌ„d but for your reason of this assertioÌ„ you must heaue other men theÌ„ Billay out of credit for reason law coÌ„scieÌ„ce wisdom before you cary it for cleare good As for entire coÌ„trariety in religion or differeÌ„ce in some particular points therof whether it be a sufficient cause of exclusion or no I wil refer my selfe to that place where you do strain your strength about it In disabilities to gouern Baldus doth distinguish whether it be naturall or accidentall affirming that in the first case it sufficeth to exclude because he that is incapable of gouernmeÌ„t froÌ„ his birth had neuer any right of successioÌ„ setled in him in the other it doth not suffice because he that is once inuested in right of succession caÌ„not be depriued therof without his fault Many do follow this distinction Io Igneus doth limit it to such dignities as are not absolute But Iâ—son Angelus diuers others do indistinctly hold that the eldest son of a king or other gouernor although he be borne either â—urious or a foole or otherwise defectiue caÌ„not therfore be excluded froÌ„ his successioÌ„ These affirm that any end of institution of common wealths is if not fully yet better satisfied by appointing a protector of the state as vpoÌ„ diuers occasions it hath bin vsuall then by acknowledging another prince as wel for other respects as for that by continuaÌ„ce of succession in one discent a faire ordinary occasion is remoued both of mutiny inuasion For enemies wil not readily attempt subiects do most willingly obey that prince whose ancesters haue worn out those humors both of hatred contempt which do commonly accompany new raised estates I wil not confirm this last opinion by the exaÌ„ple of Neptune the son of Saturn who althogh he was lame on both his legs yet had the gouernment of the sea allotted to him but I wil coÌ„firm it by the practise of Athens Lacedâ—mon the two eyes of Graecia as Leptines Iustine do aptly term theÌ„ Herodotu reporteth that wheÌ„ Alexandrides king of Sparta left 2 sons Cleomenes the eldest distracted in wits Dorieus the yongest both of ability inclination to all actions of honor the LacedaemoniaÌ„s acknoledged Cleomenes for their king Agesilaus also the famous king of Lacedaemon was lame as Plutarch Probus Aemilius do report Paul
Orosius saith that the Lacedaemonians did chose to haue their K. halt rather theÌ„ their kingdom Herodotus also writeth that after the death of Codrus king of Athens Medon his eldest son Neleus the next did contend for the kingdom because Neleus would not giue place to Medon who was by reason of his lame legs if not vnable yet vnapt to gouerne The matter being almost brought to the sentence of the sword it was mediated between theÌ„ that the coÌ„trouersie should be decided by the Oracle of Apollo-Apollo was consulted by whose iudgement Medon was declared king Iosephus hath left recorded that Aristobulus Hircanus after a long cruel conteÌ„tion for the kingdom of Iury made Pompeie the iudge of that right which by arms they wer vnable to decide Hircanus alleaged that he was eldest brother Aristobulus excepted that Hircanus was insufficient to gouern a realme Hereupon Pompei gaue sentence that Aristobulus should giue ouer the kingdome which he did vsurp Hircanus be restored to his estate The like iudgement doth Liuy write that Annibal gaue for the kingdome of that country which is now called Sauoy restoring Brancus vnto his right from which he had beene by his younger brother expelled And although Pyrrus did appoint that sonne to succede whose sworde had the best edge yet was the eldest acknowledged who bare the least reputation for valour Lisander moued the Lacedaemonians to decree that the most sufficient not alwais the next in bloud of the ligne of Hercules should be admitted to the kingdome yet Plutarch saith that he found no man to second his aduise I will adde an example of later times Ladislaus a man more famous for the sanctitie of his life then for his kingdom of Hungary left by his brother Grisa two nepâ—ewes Colomannus the elder who was dwarfye lame crooke-backt crab-faced blunt and bleare-eyed a stammerer and which is more a Priest and Almus the younger a man free from iust exception Yet these respectes set aside a dispensation was obteined from the Pope and Colomannus notwithstanding his deformities and defectes was accepted by the people for king Girarde writeth that the custome of the French was to honour their kings whatsoeuer they were whether foolish or wise able or weake esteeming the name of king to be sacred by whomsoeuer it should be borne And therfore they supported in estate not onely Charles the simple but Charls the 6. also who raigned many years in open disteÌ„perature disturbance of minde So you see that the practise of many nations haue beene contrary to your conceipt and that the interpreters of the ciuill and canon lawe good arbitrators of naturall equitie either beare against you or stand for you onely when disabilitie is naturall adding further that if the excluded successor hath a sonne before or after succession doth fall free from any such defect the right of the kingdome descendeth vnto him This affirmeth Baldus Socinus Cardinall Alexander and before them Andreas Iserna Because the inhabilitie of parents doth not preiudice the children especially in regard of their naturall rightes neither is it any impediment wherefore they should not enioy either priuiledge or dignitie from the person of their grandfather Magis est saith Vlpian vt aui potius dignitas prosit quam obsit casus patris It is fitter that the son should receiue profit by the dignitie of his grandfather then preiudice by his fathers chaunce And this we may thinke is a reasonable respect wherefore other interpreters haue not allowed their principall opinion in repelling him who is disabled by birth For if another be once possessed of his place it will be hard for any of his children to attaine their right Wherevpon difunion factions warres may easily arise It is inconuenient I grant to be gouerned by a king who is defectiue in body or in minde but it is a greater inconuenience by making a breache in this high point of state to open an entrance for all disorders wherein ambition and insolencie may range at large For as mischiefe is of that nature that it cannot stand but by supportaunce of another euill and so multiplieth in it selfe till it come to the highest and then doth ruine with the proper weight so mindes once exceeding the boundes of obedieÌ„ce cease not to strengthen one bouldnesse by another vntil they haue inuolued the whole state in confusioÌ„ We find that Gabriel the yongest brother of the house of Saluse kept his eldest brother in close prisoÌ„ vsurped his estate and gaue forth for satisfaction to the people that hee was mad I could report many like examples but I shal haue occasion to speake more hereof in the further passage betwixt vs. After this you conclude three points 1 That inclination to liue in companie is of nature 2 That gouernement and iurisdiction of magistrates is also of nature 3 That no one particulare forme of gouernement is naturall for then it should be the same in all countries seeing God and nature is one to all But before I ioyne with you either in contradiction or consent it shall not be amisse to declare briefly what we vnderstand by the lawe of nature and by what meanes it may best be knowne God in the creation of man imprinted certaine rules within his soule to direct him in all the actions of his life which rules because we tooke them when wee tooke our beeing are commonly called the primarie lawe of Nature of which sort the canons accompt these precepts following To worship god to obey parents and gouernours therby to conserue common society lawful coniunction of man woman succession of children education of children acquisition of things which pertaine to no man equall libertie of all to communicate commodities to repell force to hurt no man and generally to do to another as he would be done vnto which is the sum and substance of the second table of the decalogue And this lawe Thom. Aquine affirmeth to be much depraued by the fall of man and afterwards more by errour euill custome pertinacie and other corrupters of the mind and yet doth it yeeld vs so large light that Saint Paule did esteeme it sufficient to condemne the gentiles who had no other law written Out of these precepts are formed certaine customes generally obserued in all parts of the world which because they were not from the beginning but brought in afterward some as a consequence or collection others as a practise or execution of the first naturall precepts are called the secondarie lawe of nature and by many also the law of nations Gaius saith that which naturall reason doth constitute among all men is obserued by all alike and termed the lawe of Nations and the same is called by Iustinian the lawe of nature Cicero likewise saith the consent of al nations is to be esteemed the lawe of nature But this is
to be takeÌ„ not as though al natioÌ„s haue at any time obserued one vsage alike it is not necessary faith Baldus that the word alâ— should cary so large a seÌ„ce neither hath it euer bin brought into knoledge what customes all nations haue held in vse And it is most certain that ther is not one point or precept of the law of nature but by reasoÌ„ partly of the weaknes partly of the corruption which the fal of Adam fasten in his posteritie some people haue at all times either neglected or els depraued some being so dull as they could not perceiue others so malicious as they would denie that which nature did lay before them Yea such is either the weakenesse or wilfulnesse of our iudgement that they who are not onely admitted but admired for wise men doe many times disagree in determining what is most agreeable to nature much lesse may we either expect or imagine that al natioÌ„s so differeÌ„t so distaÌ„t neuer so much as now and yet not now fully discouered should iuÌ„pe in one iudgemeÌ„t for vniform obseruatioÌ„ of any custome neither is that no natural right as Zenophon noteth which many dayly doe transgresse And therefore Donellus did vniustly reiect the discription which Gaius gaue of the law of nations by taking the word al in the amplest sence S. Ambrose and S. Hierome did in this sort declare it that we are to take that for a decree of natioÌ„s which successiuely and at times hath beene obserued by all But as for any one time as it is to be iudged the decree or custome of a whole citty which hath passed by consent of the most part although al haue not allowed and some perhaps haue opposed against it so is it to be esteemed the lawe of nations the common lawe of the whole world which most nations in the world are found to imbrace And because gouernment was not from the beginning but induced as a consequeÌ„ce of the primary precept of nature to maintaine humane societie therefore whensoeuer wee speake of naturall gouernment we are intended to meane the secondary lawe of nature which is the receiued custoÌ„e successiuely of al alwaies of most nations in the world Out of this we may gather that three rules doe chiefly lead vs to the knowledg of this law The first is that which Cicero in the like case giueth to appeale vnto seÌ„ce because there is no man but by the light of nature hath some sence of that which nature doth allowe S. Augustine saith I know not by what inward conscience we feele these things and likewise Tertullian Nature hath tainted all euill eyther with feare or with shame Wherto agreeth that which S. Ambrose saith although they deny it they cannot but shew some tokens of shame HerupoÌ„ the authors of the ciuill lawe do reiect that for vniust which is not demaunded without shew of shame For as Cassiodorus writeth God hath giueÌ„â—l men such a sence of iustice that they who know not the lawes cannot but acknowledge the reason of truth But because this light of nature in many men is exceeding dimme the next rule is to obserue what hath bin allowed by those who are of greatest both wisedome and integrity in whom nature doth shew her selfe most cleere For as Aristotle saith that is probable which prooued men do approue Among these the first place pertaineth vnto them who by inspiration of god haue compiled the books of holy scripture to whom as attendants we may adioyne the ancieÌ„t counsailes fathers of the church The next place is to be giueÌ„ to the authors of the ciuill lawe whose iudgement hath bin these many hundred yeers admired by many approoued by all and is at this daie accepted for lawe almost in all states of the christiaÌ„ common wealth To these also we may adioyne as attendants their interpreters of most approued note The third place is due to Philosophers historiographers orators and the like who haue not vnprofitably endeauoured to free nature of two cloudes wherewith shee is often ouercast grosse ignorance and subtill errour But because naturall reason as Alciate affirmeth doth sometimes varie according to the capacitie of particulare men euen as the sunne beeing in it selfe alwaies the same giueth neither heate nor light to all alike the third rule followeth to obserue the common vse of all nations which Cicero calleth the voice of nature because as Aristotle hath written it is not done by chance which euery where is done Plato saith this shall be the proofe hereof that no man doth otherwise speake and likewise Baldus I dare not disalow that which the world alloweth And in this coÌ„mon lawe or custome of the world three circumstancies are to be considered antiquitie continuance and generalitie Now then your first position is so cleerelie true that you doe but guild gould in labouring to prooue it for man is not onely sociable by nature but as Aristotle affirmeth more sociable then any other liuing creature These notorious pointes the more we prooue the more we obscure Your second is also true for as Tullie saith Without empire neither house nor citty nor nation nor mankinde can stand nor the nature of all things nor in a word the world it selfe Whereto agreeth that of Aristotle gouernment is both necessary and also profitable But whereas you bring in proofe hereof that there was neuer people founde either in auncient time or of late discouerie which had not some magistrate to gouerne them neither is it necessarie and yet false It is not necessarie to haue so large a consent of nations as I haue declared before and it is false that in all times and nations there haue beene magistrates After the deluge magistrates were not knowne vntil kings did arise as hereafter it shall appeare The Iewes were often without either magistrates or gouernement Whereupon in certaine places of the booke of Iudges it is thus written In those dayes there was no king in Israell but what seemed right to euery man that did hee Sometimes Democraticall gouernement doth drawe to a pure anarchie and so doth the interregnum of electiue principalities Leo Aser reporteth that in Guzala a countrie of Africke the people haue neither king nor forme of gouernement but vpon dayes of mart they elect a captaine to secure their trafficke The same authour deliuereth that the inhabitantes of the mountaine Magnan vpon the frontiers of Fez haue noe forme of common wealth but doe stay trauailers vnpartiall iudges to decide their controuersies Leo himselfe was arrested to bee their iudge and when hee had spent many dayes in determining their debates hee was in the end presented with hennes ducks geese and other of their countrie commodities which serued onelie to discharge his host And if this your reason should bee of force then were not sociabilitie naturall because many men haue made choise
to liue alone But how theÌ„ wil you say is nature immutable It is in abstracto but it is not in subiecto Or thus In it selfe it is not chaÌ„ged in vs by reasoÌ„ of our imperfectioÌ„s it is Or els more plainely it is not changed but it is traÌ„sgrested But nature you say is alike to al. Not so good sir because all are not apt alike to receiue her euen as the sun beames doe not reflect alike vpon a cleane and cleare glasse and vpon a glasse that is either filthy or course And in many not onely men but nations euill custome hath driuen nature out of place and setteth vp it selfe in steade of nature Your third conclusion that no particulare forme of gouernement is naturall doth not finde so easie acceptaunce Your onely proofe is that if it were otherwise there should be one forme of gouernement in all nations because god and nature is one to all But this reason I haue encountred before and yet you take paines to puffe it vp with many waste words howe the Romanes changed gouernment how in Italie there is a pope a king and many dukes how Millaine Burgundie Loraine Bavier Gascoint and Britaine the lesse were changed from kingdomes to dukedomes howe Germanie was once vnder one king and is now deuided among dukes earles and other supreme princes How Castile Aragone Portugall Barcelona and other countries in Spaine were first Earldomes then Dukedomes then seuerall Kingdomes and now are vnited into one how Bâ—eme and Polonia were once Dukedomes and now are Kingdomes how Fraunce was first one kingdome then deuided into fower and lastly reduced into one How England was first a Monarchie vnder the Britaines then a Prouince vnder the Romaines after that diuided into seauen Kingdomes and lastly reduced into one how the people of Israell were first vnder Patriarkes Abraham Isaac and Iacob then vnder Captains then vnder Iudges theÌ„ vnder high Priests then vnder Kings and then vnder Captaines and high Priests againe I will not followe you in euery by way whereinto your errours doe leade for who would haue aduentured to affirme that the childreÌ„ of Israell were vnder Abraham and Isaac and that the Britaine 's at the first were vnder one King whereas Caesar reporteth that hee found fower kings in that country which is now called Kent but I will onely insist vpon the principall point in regard whereof all this bundell of wordes is like a blowne bladder full of winde but of no weight For first you doe but trifle vpon tearmes in putting a difference betweene Kings Dukes and Earles which holde their state with soueraigne power Wee speake not of the names but of the gouernement of Princes Supreme rulers may differ in name they may change name also either by long vse or vpon occasion and yet in gouernment neither differ nor change Secondly it is a more vaine ieast to put a difference in this regarde beweene a great territorie and a small If a kingdome bee enlarged or streightâ—ed in limites the gouernement is not thereby changed if many kingdomes bee vnited into one if one bee diuided into many the nature of gouernment is no more altered then is the tenure of lande either when partition is made or when many partes accrewe into one The knot of doubt is whether it bee not naturall that one state bee it great or small should rather bee commaunded by one person howsoeuer intitled then by many And if wee descende into true discourse wee shall finde that the verie sinewes of gouernment doe consist in commaunding and in obeying But obedience can not bee performed where the commaundementes are eyther repugnant or vncertaine neither can these inconueniences bee any waies auoided but by vnion of the authoritie which doth commaunde This vnion is of two sortes first when one commaundeth secondly when many doe knit in one power and will The first vnion is naturall the seconde is by meane of amitie which is the onely bande of this collectiue bodie and the moe they are who ioyne in gouernment the lesse naturall is their vnion and the more subiect to dissipation For as Tacitus saith aequalitie and amitie are scarce compatible Naturall reason teacheth vs that all multitude beginneth from one and the auncient Philosophers haue helde that from vnitie all thinges doe proceede and are againe resolued into the same Of which opinion Laertius reporteth that Musaeus of Athens was authour who liued long before Homer but afterwardes it was renewed by Pythagoras as Plutarch Alexander and Laertius doe write who added thereunto that vnitie is the originall of good and dualitie of euill And of this opinion Saint Hierome was also whose sentence is repeated in the canonicall decrees but vnder the title and name of Saint Ambrose Hereupon Homer doth oftentimes call good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and applyeth the terme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to affliction and trouble Hereupon Galen also writeth that the best in euerye kinde is one Plato produceth all thinges from one measureth all thinges by one and reduceth all thinges into one The whole worlde is nothinge but a greate state a state is no other then a greate familie and a familie no other then a greate bodye As one GOD ruleth the worlde one maister the familie as all the members of one bodye receiue both sence and motion from one heade which is the seate and tower both of the vnderstanding and of the will so it seemeth no lesse naturall that one state should be gouerned by one commaunder The first of these arguments was vsed by Soliman Lord of the Turkes Who hauing strangled Sultane Mustapha his sonne because at his returne out of Persit he was receiued by the soldiers with great demonstrations of ioy hee caused the dead bodie to be cast forthe before the armie and appointed one to crye There is but one God in Heauen and one Sultane vpon earth The second was vsed by Agesilaus to one that moued the Spartans for a popular gouernment goe first saide hee and stablish a popular gouernment within your owne doores To the third Tacitus did allude when hee saide The body of one Empire seemeth best to be gouerned by the soule of one man In the heauens there is but one Sunne which Serinus also applyeth vnto gouernement in affirming that if wee set vp two sunnes we are like to set all in combustion Many sociable creatures haue for one company one principall either gouernour or guide which al authors take for a natural demonstration of the gouernment of one And if you require herein the testimonie of men you shall not finde almost any that writeth vpon this subiect but hee doth if not alleage yet allow that of Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one Lord one King Plutarch declareth both his owne iudgement concerning this point and also the consent of others in affirming that all men did acknowledge that the
successiue by the law of nations affirming further that alwayes it hath beene alwayes it shall bee that the first borne succeedeth in a kingdome wherein he is either followed or accompanied with open crie of al the choise interpreters of both lawes as namely the Glossographer Iohan. Andreas Hostiensis Collect. Pet. Anchoranus Antonius Imola Card. Florentinus Abb. Panormitanus Oldradus Albericus Angelus Felinus Paul Castrensis Alexander Barbatius Franc. Curtius Guido Pape Card. Alexander Philip Francus Iason Philippus Decius Carol Ruinis Anto. Corsetta Ripa Calderine Alciate and manie other of somewhat more ordinarie name Who all with full voice do agree that in kingdomes and other dignities which cannot bee either valued or diuided but they are dismembred the eldest son doth entirely succeed And this manie of them do call the law of all Nations deriued from the order of nature and from the institution of God and confirmed by the Canon ciuil and other positiue lawes For the succession of children is one of the primarie precepts of nature whereby his mortalitie is in some sort repaired his continuance perpetuated by his posteritie But among al the children nature seemeth to preferre the first borne by imprinting in the mind of parents the greatest loue and inclination towards them as diuers of the authors before alleaged do affirm as it may appeare by that of the prophet Zacharie And they shall lamēt ouer him as men vse to lament in the death of their first borne and likewise by that which is said of Dauid that he would not grieue his sonne Ammon for that he loued him because he was his first borne Hereupon Lyra and before him Saint Augustin and Saint Chrysostome do affirme that the last plague of the Egyptians which was the death of their first borne was the most sharpe and heauie vnto them For nothing saith Saint Augustin is more deare then the first borne Aristotle Plinie Aeltane and Tzetzes do write that the same affection is also found in certaine beasts And to this purpose is that which Herodotus reporteth that when the Lacedaemanians had receiued an oracle that they should take for kings the two sonnes of Aristodemus and Aegina but giue most honor vnto the eldest and they were ignorant which was eldest because the mother and the Nurse refused to declare it they obserued which of the children the mother did wash and feed first and thereby found out that Eristhenes was the eldest Lucian citeth the loue of the first borne as growne into a prouerbe Gregorie Nazianzene saith that all men haue a sense thereof Saint Ambrose writeth that in this respect God called the people of Israel his first borne for that they were not most ancient but best beloued Lastly S. Chrysostome affirmeth that the first borne were to be esteemed more honorable then the rest And this naturall precedence both in honour and in fauour seemeth to be expressely ratified by God first where he said vnto Cain of his brother Abel His desires shall be subiect vnto thee and thou shalt haue dominion ouer him according to which institution whē Iacob had bought his brothers right of birth Isaak blessed him in these words Bee Lord ouer thy brethren and let the sonnes of thy mother bow before thee Secondly where he forbiddeth the father to disinherit the first sonne of his double portion because by right of birth it is his due Thirdly where he maketh choise of the first borne to be sanctified to himselfe And whereas God hath often preferred the youngest as Abel Isaac Iacob Iuda Phares Ephraim Moses Dauid Salomon and others it was no other then that which Christ said that manie that were last should be first and that which Saint Paul hath deliuered that God hath chosen the weak and base and contemptible things of this world least any flesh should glorie in his sight So hath Herodotus written how Artabanus the Persian in complaining maner did confesse that God delighted to depresse those things that were high But if the first borne die before succession fall or if being possessed of the kingdom he die without issue his right of birth deuolueth vnto the next in bloud and if he dieth in like maner then vnto the third and so likewise to the rest in order This is affirmed by Albericus and may be confirmed by that which Baldus saith that succession hath reference to the time of death and respecteth the prioritie which is then extant And againe He is not said the first borne in lawe who dyeth before the fee openeth but he who at that time is eldest in life And this opinion is embraced by Alciate because as Celsus saith Primus is dicitur ante quē nemo sit He is first who hath none before him Iaco. A retinus Cinus Albericus and Baldus doe forme this case There is a custome that the first borne of the first mariage shoulde succeede in a baronnie a certaine baron had three wiues by the first he had no children by the other two manie the first sonne of the second mariage shall succeede because as the glossographer there saith the second mariage in regarde of the thirde is accompted first Baldus dooth extende it further that if hee hath a sonne by the first mariage and hee refuse the baronie the first sonne by the second mariage shall succeede in his right and so hee saith it was determined in the kingdome of Apulia when Lewes the kings eldest sonne was professed a friar And this decision is allowed by Alexander Oldradus and Antonius Corsetta and is prooued by plaine text of the canon law both where the second borne is called first borne whē the first borne hath giuen place and also where he is called the onlie sonne whose brother is dead But because it is a notorius custome that the neerest in bloud doth succeede although perhaps remoued in degree I wil labour no more to loade it with proofe for who wil proclaime that the sunne doth shine But if we should now graunt vnto you which is a greater curtesie then with modesty you can require that no particular forme of gouernement is naturall what will you conclude thereof what inference can you hereupon enforce That there is no doubt but the people haue power to choose and to chaunge the fashion of gouernment and to limitte the same vvith vvhat conditions they please What Sir can you finde no thirde but that either one forme of gouernment is naturall or that the people must alwaies retaine such libertie of power haue they no power to relinquish their power is there no possibilitie that they may loose it whether are you so ignorant to thinke as you speake or so deceitfull to
For it is not onlie lawfull but honourable for any people either to right or reuenge the breach of this lawe against them which contemne it as monsters against them who knowe it not as beasts Saint Augustine saith If a Citie vppon earth should decree some great mischiefes to be done by the decree of mankind it is to be destroied And as in the state of one countrey any man may accuse vpon a publicke crime so in the state of the world any people may prosecute a common offence for as there is a ciuill band among all the people of one nation so is there a natural knot among al men in the world You close your conclusion with this conceit that the word naturall Prince or naturall successor is to be vnderstood of one who is borne within the same Realme and that it is ridiculous to take it as though anie prince had natural interest to succeed But what construction wil you then make of that which Herodian deliuereth in the speech of Commodus the sonne of Marcus Now hath fortune giuen me vnto you for prince in his stead not drawen into the state such as they were who were before me nor as one that glorieth in the purchase of the Empire for I onlie am borne vnto you and brought vp in the court neuer swathed in priuate cloathes but so soone as I was borne the imperiall purpure did receiue me and the sun beheld me at once both a man and a prince Consider these things and honour your prince by right who is not giuen but borne vnto you Girard goeth further in writing of Charles the Simple that he was king before he was born Say therefore againe that it is ridiculous to take the word natural prince for one that hath right of succession inherent in him by birth and I wil say that this mirth wil better beseeine a natural indeede then any man that is wise But let vs now consider the further passage of your discourse both how you are able to fortifie this foundation and what building it is able to beare TO THE SECOND CHAPTER which is intituled Of the particular forme of Monarchies and kingdomes and the different lawes whereby they are to bee obtained holden and gouerned in diuers countries according as each common wealth hath chosen and established IN this chapter you spend much speech in praising a monarchie and preferring it before the gouernment of manie which you doe to no other end but to insinuate your selfe either into credit or aduantage to drawe it downe euen as Ioab presented Amasa with a kind kisse to winne thereby opportunitie to stab him For in the end you fetch about that because a Prince is subiect as other men not onely to errours in iudgement but also to passionate affections in his will it was necessarie that as the common wealth hath giuen that great power vnto him so it should assigne him helpes for managing the same And that a Prince receiueth his authoritie from the people you proue a little before for that Saint Peter tearmeth kings Humane creatures which you interpret to bee a thing created by man because by mans free choise both this forme of gouernment is erected and the same also laide vpon some particular person I know not in what sort to deale with you concerning this interpretation Shall I labour to impugne it by arguments Why there is no man that wanteth not either iudgement or sinceritie but vpon both the naturall and vsuall sense of the words hee will presently acknowledge it to bee false Shall I go about either to laugh or to raile you from your errour as Cicero in the like case perswaded to doe But this would bee agreeable neither to the stayednesse of our yeeres nor the grauitie of our professions I am now aduised what to doe I will appeale as Machetes did before Philip of Macedon from your selfe asleepe to your selfe awake from your selfe distempered by affection to your selfe returned to sobrietie of sense Do you thinke then in true earnest that a humane creature is a thing created by man or rather that euery man is a humane creature Is a brutish creature to be taken for a thing created by a beast Spirituall Angelicall or anie other adiunct vnto creature what reference hath it to the Authour of creation And if it were so then should al creatures be called diuine because they were created by God to whom onely it is proper to create and in this verie point Saint Paul saith that all authoritie is the ordinance and institution of God Neither needeth it to trouble vs that Saint Peter should so generally inioine vs to be obedient to all men no more then it troubled the Apostles when Christ commanded them to preach to all creatures according to which commission Saint Paul did testifie that the Gospell had beene preached to euerie creature vnder heauen but Saint Peter doth specifie his generall speech and restraine his meaning to kings and gouernours in which sense Saint Ambrose citeth this place as it followeth Bee subiect to your Lords vvhether it bee to the king as to the most excellent c. This interpretatiō not only not relieuing you but discouering very plainly either the weaknesse or corruption of your iudgement it resteth vpon your bare word that kings haue receiued their first authoritie from the people which although I could denie with as great both countenance facilitie as you affirme yet will I further charge vpon you with strength of proofe Presently after the inundation of the world we find no mention of politike gouernement but onely of oeconomical according as men were sorted in families for so Moses hath written that of the progenie of Iapheth the Iles of the Gentiles were deuided after their families The first who established gouernment ouer manie families was Nimrod the sonne of Cush accounted by Saint Chrysostome the first King which authoritie hee did not obtaine by fauour and election of anie people but by plaine purchase of his power Heereupon Moses calleth him a mightie Hunter which is a forme of speech among the Hebrues whereby they signifie a spoiler or oppresser And this doth also appeare by the etymologie of his name for Nimrod signifieth a rebell a transgressour and as some interpret it a terrible Lord and names were not imposed in auncient times by chance or at aduenture as Plato one of natures chiefe secretaries and among the Latin writers Aul. Gellius doe affirme Many hold opiniō that this Nimrod was the same whom the Grecians cal Ninus which seemeth to be confirmed by that which Moses saith that hee did build the Citie of Niniue Of this Ninus Iustine writeth that he was the first who held that which hee did subdue others satisfied with victorie aspired not to beare rule Nimrod foūded the empire of the Assyrians which continued by succession in his posterity
rake ouer al histories for examples of rebellion and then argue a facto ad ius that euerie thing is lawful which you finde to haue bin done Iustinian sayth Non exemplis sed legibus iudicandum We must iudge facts by lawe and not lawe by facts or by examples which Alciate and Deciane do terme a golden lawe because there is no action either so impious or absurd which may not bee paralleled by examples Will you prooue it lawful to vse fleshlie familiaritie with the sister with the mother in law with the natural mother You haue the example of Cambyses for the first Caracalla for the second Dionysius and Nero for the third The Iewes vppon whom God had setled his choise did at times beside many other enormities erect male stewes Of the two nations whose examples you vse the Romans and the Lacedaemonians the first did the like vnder diuers emperours as Lampridius writeth and in more auncient times allowed also parricide of children the other would sort themselues by fifteene and twentie families together and hold both wiues and goods in common I omit the vnnatural customes of diuers other nations and will now declare how in straining a fewe examples to countenance your conceit you are constrained to beare your selfe no lesse cunning in concealing truthes then bold in auouching things which are not only vncertaine but plainely false It is true which you write that the kings of Sparta by the institution of Lycurgus were obedient to the officers called Ephori but these were titular kings hauing no other power but a single voice among the Senators and because all affaires were caried by consent of the people the estate was then esteemed popular Afterwards Theopompus by pretence of an Oracle drew this authoritie from the people to a Senate of thirtie whereby the gouernment did change into an Aristocracie yet the naked name of kings was retained By this shuffling of rule the Lacedaemonians were continually tossed with tempests of sedition ceasing not to wade in their owne bloud as before you haue acknowledged vntill in the end they were brought into subiection first by the Macedonians afterward by the Achaeans and lastly by the Romans I will not say now what reason haue we but what a shame is it for vs to open our cares to these Vtopicall state-writers who being mellowed in idlenesse hauing neither knowledge nor interest in matters of gouernment make new models vpon disproportioned ioints borrowed from nations most different in rule You affirme by the testimonie of Liuie that for offence taken against Romulus because hee raigned at pleasure and not by law the Senators did cut him in peeces in which short assertion many base vntruths are included beneath the degree of anie vile word Liuie writeth that he sorted the people into order and gouerned them by lawes and that hee was also both aduised and valiant in the field euen such a one as Homer describeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Both a good king and couragious commander Concerning his end Liuie writeth that in taking muster of his armie a thicke tempest did arise after which he was neuer seene wherein he is seconded by Solinus Eutropius and the rest only Liuie addeth that there was a rumor but verie obscure without any certaine either authour or ground I will adde also without probabilitie that he was torne in peeces For howe probable is it that such a fact in the open view of his armie could bee verie obscure how probable is it also that the people would first teare him in peeces for his iniustice and then worship him for a God Further with what either confidence or conceit doe you alleage this report of Liuie for his opinioÌ„ I find your fetch you apprehend euerie thing which may if not confirm yet countenance that doctrine which lately you haue drawne out of Cerberus denne That it is lawfull to contriue the death of kings That the people were grieued against Seruius Tullius for raigning without election it is a meere fantasie a dreame a deuise Liuie faith that hee was declared king with such a consent as no man had bin before him That Tarquinius neglected the lawes of gouernment prescribed to him by the common wealth it is an ougly vntruth Liuie saith that he brake the auncient manner of kings before him but for lawes Pomponius affirmeth that at that time the Romans had no lawes but from their kings and that Sextus Papirius reduced them into one volume which was called the ciuill law of Papirius and that when the people expelled their kings they abrogated their lawes also and remained twentie yeares without any law Lastly you adde that the Romans did expell their kings and erect Consuls in their steed but you suppresse that which followed which I hold for a common consequence of the like disorder First that for this cause they were presently almost ouerwhelmed with warres secondly that in this state they neuer enjoyed long time free from sedition lastly that as Tacitus saith there was no meanes to appease these tumults but by returning to a monarchie againe All this I write rather to manifest the maner of your dealing then that I hold it much regardable what Romans did Your examples of our present age I will wrap vp in these few words All nations very few excepted do consent in this forme of gouernment first to bee vnder one Prince secondly to accept him by succession according to propinquitie of bloud in other circumstances either for in augurating their prince or for the maner of managing and executing his gouernment not two nations in the world in all points do agree And yet is not this diuersitie raised by any lawes which the people doe prescribe vnto their Prince as you doe most grossely yea peeuishly yea maliciously affirme but by the particular lawes and customes of euerie nation in which the consent of the Prince either secret or expresse sometimes onely is sufficient alwayes principally doth concur Vpon this diuersitie of customes you conclude that it sufficeth not to alleage bare propinquitie of bloud What not where that custom is established as I haue declared it to bee in most nations of the world doth difference of customes make all custom void doth diuersitie of custome in some circumstances take away the principall custome of succession by bloud This cleaueth together no surer then sand you loose both labour and credit in obtruding vnto vs these weake and loose arguments without either force of reason or forme of Art Your instance of the lawe Salicke in France doth offer occasion to enter into a large fielde wherein I could plainlie prooue that there was neuer anie such lawe made to bind the discent of the crowne of Fraunce and that it hath bin the custome in most parts of the world not to exclude women from succession in state in so much as Beda and before him Eusebius and Plinie doâ—
write that certaine people were gouerned onlie by Princes of that sex But because this is a matter both of long discourse and not proper to our purpose I wil conteine my selfe within this obseruation That the exclusion of King Edward the third from the crowne of Fraunce vppon this pretence was the cause of the effusion of their brauest bloud and of the spoile wast and conquest of all that Realme I acknowedge that the English haue lost the possession of that conquest and that was by meanes of domestical warres for excluding the neerest in bloud from the crowne into which vnquiet quarrell you doe now endeuour againe to imbarke vs. Yet no man can assure that the miseries of Fraunce for this cause are at an end Rammes recoile to strike harder we are gone rather backe then away I will not presage but anie man may coniecture that our minds and our meanes will not alwaies want the fauour of time After all this you proceede a degree further that it is lawfull vpon iust considerations not only to put backe the next inheritour of the crowne but also to remoue him who is in full possession thereof And y◠is plaine you say not onely by the grounds before by you alleaged but also by example of the Romans Graecians because God hath commonlie concurred in such iudiciall actions of the state not onely in prospering them but in giuing them also some notable successour And yet you protest you are far from their opinion who vpon euerie mislike are readie to band against their Prince and that you esteem the tenure of a crown if once it be setled the most irregular whereto euery man is bound to settle his conscience without examination of title or interest but onely by the supreme law of Gods disposition who can dispence in what he listeth and that notwithstanding you are as farre from the abiect flatterie of Billaie and others who affirme that Princes are subiect to no law or limitation at al and that they succeed by nature and birth onely and not by admission of the people and that there is no authoritie vnder God to chasten them These you call absurd paradoxes and herewith you settle your self to shewe in the next Chapter what good successe hath insued the deposition of Princes Concerning your protestation wee may say vnto you as Isaac said to his sonne Iacob The voice is Iacobs voice but the hands are the hands of Esau You speake faire and therewith also well but the maine drift of your discourse is nothing else but a tempestuous doctrine of rebellion and disorder you being therein like the boatman who looketh one waie and pulleth another or rather like the image of Ianus which looked two contrarie waies at once It is a rule in lawe That a protestation contrarie to a mans act will not serue to relieue him onlie this shal serue to conuince you either of false or of forgetful dealing when we come to that place where in flat words you maintaine the contrarie Concerning the querele which you lay against Billaie as I haue not seene what he hath written so wil I not interpose betweene him and you I neuer heard of christian prince who challenged infinite authoritie without limitation of any law either natural or diuine But where you terme it an absurd paradoxe that the people should not haue power to chasten their Prince and vpon iust considerations to remoue him I am content to ioine with you vppon the issue And first I note the maner of your dealing in that you haue omitted to expresse what these iust considerations may be For seeing there hath bin no king who is not noted of some defects and againe no Tyrant who hath not manie commendable partes as Plutarch writeth that Dionysius excelled most princes in diuers pointes of iustice and vertue it is a matter of dangerous consequence to leaue these considerations vndetermined and at large But who seeth not that you do it out of pollicie that you may vpon euerie particular occasion declare such causes to be sufficient as you please How then doe you proue that vpon anie cause the people haue power to dispossesse their prince This is plaine you say not onlie by the groundes before by you alleaged but also by example of y◠Romans Graecians The grounds by you alleaged are two One in your first Chapter that because no one forme of gouernment is natural the people haue power both to choose and to change and to limit it as they please The other ground is in this Chapter that because there are diuers lawes and customes in matters of principalitie it sufficeth not to alleage bare propinquitie of bloud Why but had you no text of scripture no Father of the Church to alleage No lawe No reason No better example No surer grounde It is more then this which you bring against your selfe in citing out of Saint Peter The Lord knoweth to reserue the vniust vnto the daie of iudgement and especiallie them that despise gouernment and speake euill of those that are in dignitie And out of Saint Iude Likewise these dreamers despise gouernment and speake euill of them that are in authoritie Besides also you haue alleaged out of Saint Paule Let euerie soule be subiect vnto the higher power for there is no power but of God Whosoeuer therefore resisteth the power resisteth the ordinance of God and they that resist shall receiue to themselues iudgment And likewise out of S. Peter Submit your selues to euerie humane creature whether it be to the king or vnto gouernors for so is the will of God To which places we maie likewise ad that which S. Paule did write vnto Titus Put them in remembrance that they be obedient to the principalities powers And writing to Timothy he exhorteth vs also to praie for them that we may leade vnder them a peaceable life But perhaps you wil say that the Apostles did not meane this of wicked princes Trifler the Apostles spake generallie of al Saint Peter maketh expresse mention of euil Lords And what princes haue euer bin more either irreligious or tyrannical then Caligula Tiberius Nero the infamie of their ages vnder whose empire the Apostles did both liue and write Bellarmine the great master of controuersies perceiuing this to be vnanswerablie true did in another sort rather cut then vntie the knot affirming that at that time it was necessarie to admonish the Christians to performe obedience to their kings least the preaching of the Gospel might otherwise be hindred which is as if in direct tearmes he should haue saide Sir Kings whilest our heads were vnder your girdle we were content to curry fauour by preaching obediēce vnto the people but now we haue got the wind of you we must plainlie tel you that you hold your crownes at their curtesie and fauour and haue no power in effect but as lieutenants general I know you wil
make a sower face at this it will go very much against your stomackes but there is no remedie you must take it down they are your good lords they may dispossesse you Prophane Bellarmine is Christian Religion a meere policie doth it applie it selfe onlie to the present Doth it turne alwaies with the time May the principal professors thereof say as an infidel Moore did wheÌ„ he violated the faith which he had giuen vnto christians We haue no bone in our tongues that we cannot turne them which way we please Wee seee plainlie that you say so and it is as plaine that it was far from the true meaning of the Apostles S. Iude writeth sharpelie against those who had mens perâ—ons in admiration because of aduvntage S. Paul also saith Goe I about to please men If I should please men I were not then the seruant of Christ. I wil giue you an example of another time Nabuchadnezzar king of Assyria wasted al Palestina tooke Hierusalem slew the king burnt the Temple tooke away the holy vessels and treasure the residue he permitted to the crueltie and spoile of his vnmerciful soldiers who defiled al places with rape ruine and bloud After the glut of this butcherie the people which remained he led captiue into Chaldaea and there commaunded that whosoeuer refused to worship his golden image should be cast into a firie furnace What crueltie what impietie is comparable to this and yet the Prophets Ieremiah and Baruch did write to those captiue Iewes to praie for the prosperitie and life of him and of Baltazar his sonne that their daies might be vpon earth as the daies of heauen and Ezechiel both blameth and threatneth Zedechia for his disloialtie in reuolting from Nabuchadnezzar whose homager and tributarie he was What answere wil you make to this example I am wiselie busied to cast forth this question what answere can you make which your owne knowledg will not conuince Many other places there are in holy Scripture whereby not onely our actions are tied to obedience He that doth presumptuously against the ruler of the people shal die but also our words Thou shalt not speake euill against the ruler of the people yea our secret thoughts Detract not from the king no not in thy thought for the foules of the aire shall carie thy voice The reason hereof is not obscure Because princes are the immediat ministers of God therefore he called Nabuchadnezzar his seruant promised him also hire wages for the seruice which he did And the Prophet Esay calleth Cyrus a prophane heathen king the Lords annointed For as Salomon saith The harts of kings are in the hands of the Lord he stirreth vp the spirit euen of wicked Princes to do his wil as Iehoshaphat said to his rulers they execute not the will of man but of the Lord. In regard hereof Dauid calleth theÌ„ gods whereof Plato also had some sense when he said A king is in steed of god And if they do abuse their power they are not to be iudged by their subiects as being both inferiour and naked of authoritie because all iurisdiction within their realme is deriued from theÌ„ which their presence only doth silence suspend but God reserueth them to the â—orest trial Horribly and sodainly saith the wise man will the Lord appeare vnto theÌ„ and a hard iudgment shal they haue You Iesuits do yeeld a blindfold obedieÌ„ce to your superiours not once examining either what hee is or what he doth commaÌ„d although the Pope should swarue froÌ„ iustice yet by the canons men are bound to performe obedience vnto him and God only may iudge his doings and may a king the Lords Lieutenant the Lords annointed in the view of his subiects nay by the hands of his subiects bee cast out of state May he as was Actaeon be chased and wooried by his own hounds Wil you make him of worse conditioÌ„ then the Lord of a Manor then a parish priest then a poore schoolemaster who cannot be remoued by those that are vnder their authoritie and charge The law of God coÌ„mandeth that the child should die for anie contumely done vnto the Parents But what if the father be a robber if a murtherer if for all excesse of villanies odious execrable both to God and man Surely hee deserueth the highest degree of punishment yet must not the son lift vp his hand against him for as Quintilian saith No offence is so great as to be punished by parricide But our country is dearer to vs then our selues the Prince is the father of our country whose authoritie as Baldus noteth is greater then of parents and therfore he must not be violated how impious how imperious soeuer he be If hee commaundeth those things that are lawfull we must manifest our obedience by readie performing If he inioine vs those actions that are euill we must shew our subiection by patient enduring It is God only who seateth kings in their state it is he only who may remoue them The Lord wil set a wise king ouer the people which he loueth as himselfe doth testifie And againe For the sins of the land the kings are changed As therefore wee endure with patience vnseasonable weather vnfruitful yeares other like punishments of God so must wee tolerate the imperfections of Princes and quietly expect either reformation or els a change This was the doctrine of the ancient Christians euen against their most mortall persecuters Tertullian saith For what warre are we not both seruiceable and readie although vnequall in number who doe so willingly endure to be slaine neither want we strength of number but God forbid that religion should be maintained with humane fire From him also Saint Cyprian a most studious reader of Tertullian as Saint Hierome noteth in like maner writeth Although our people bee exceeding copious yet it doth not reuenge it selfe against violence it suffreth Saint Augustin saith It is a generall paction of humane societie to obey kings Which sentence is assumed into the body of the canon law In a word the current of the ancient fathers is in this point concurrent insomuch as among theÌ„ all there is not one found not anie one one is a small number and yet I say confidently againe there is not anie one who hath let fall so loose a speech as may be strained to a contrarie sense How then are you of late become both so actiue resolute to cut in sunder the reines of obedience the verie sinewes of gouernment order Whence had Benedetto Palmto a Iesuite his warrant to incite William Parrie to vndertake the parricide of our Queene whence did Annibal Codretto another Iesuite assure him that the true Church made no question but that the fact was lawfull Whence did Guignard a Iesuite terme the
butcherie of Henry late king of Fraunce an heroicall act and a gift of the holy Ghost Whence did he write of the king who now there raigneth If without armes he cannot be deposed let men take armes against him if by warre it cannot be accomplished let him bee murthered Whence did Ambrose Verade rector of the colledge of the Iesuits in Paris animate Barriers as he confessed to sheath his knife in the kings breast assuring him by the liuing God that he could not execute anie act more meritorious Whence did the commenter vpon the epitome of Confessions otherwise the seuenth booke of decretals commend all the Iesuits in these termes They set vpon tyrants they pull the cockle out of the Lords field It is a rule in nature that one contrarie is manifested by the other Let vs compare then your boisterous doctrine with that of the Apostles and ancient Fathers of the Church and we shall find that the one is like the rough spirit which hurled the heard of swine headlong into the sea the other like the stil soft spirit which talked with Elias Neither was the diuel euer able vntil in late declining times to possesse the hearts of Christians with these cursed opinions which doe euermore beget a world of murthers rapes ruines desolations For tel me what if the prince whom you perswade the people they haue power to depose be able to make maintaine his partie as K. Iohn and king Henry the third did against their Barons What if other princes whom it doth concerne as wel in honor to see the law of Nations obserued as also in policie to breake those proceedings which may form precedents against themselues do adioin to the side what if whilest the prince and the people are as was the frog and the mouse in the heate of their encounter some other potentate play the kite with them both as the Turke did with the Hungarians Is it not then a fine peece of policie which you doe plotte or is it not a grosse errour to raise these daungers and to leaue the defence to possibilities doubtfull Goe too Sirs goe too there is no christian country which hath not by your deuises ben wrapped in warres You haue set the empire on swim with bloud your fires in France are not ye extinguished in Polonia all those large countries extending from the north to the east you haue caused of late more battels to be fought then had ben in 500 yeers before Your practises haue heeretofore preuailed against vs of late yeers you haue busied your selues in no one thing more then how to set other christian princes on our necks stirring vp such store of enemies against vs as like the grashoppers of Egipt might fill our houses and couer our whole land and make more doubt of roome then of resistance Our owne people also you haue prouoked to vnnaturall attempts you haue exposed our country as a pray to them that will either inuade or betray it supposing belike that you play Christs part well when you may say as Christ did thinke not that I came to send peace I came not to send peace but a sword But when by the power prouideÌ„ce of God all these attempts haue rather shewen what good hearts you beare towards vs then done vs any great harme when in all these practises you haue missed the mark now you do take another â—ime now hauing no hope by extremitie of armes you indeuour to execute your mallice by giuing dangerous aduise Now you goe about to entangle vs with titles which is the greatest miserie that can â—all vpon a state You pretend faire shewes of libertie of power Sed timeo Danaos donâ— ferentes Wee cannot but suspect the courtesies of our enemies the power which you giue vs will pull vs downe the libertie whereof you speake will fetter vs in bondage When Themistocles came to the Persian court Artabâ—nus captaine of the guard knowing that hee would vse no ceremonie to their king kept him out of presence and said vnto him you Grecians esteeme vs barbarous for honouring our kings but we Persians esteeme it the greatest honour to vs that can be The like answere will we frame vnto you you Iesuits account it a bondage to be obedient vnto kings but wee Christians account it the greatest meanes for our continuance both free and safe To the third Chapter which is intitledOf the great reuerence and respect due to kings and yet how diuers of them haue ben lawfully chastised by their common wealthes for their misgouernment of the good prosperous successe that God commonly hath giuen to the same and much more to the putting back of an vnworthie pretender THat princes may bee chastised by their subiects your proofes are two one is drawen from certaine examples the other from the good successe and successors which vsuallie haue followed Surely it cannot be but that you stand in a strong conceite either of the authoritie of your woord or simplicitie of our iudgement otherwise you could not bee perswaded by these slender threds to draw any man to your opinion Of the force of examples I haue spoken before there is no villanie so vile which vvanteth example And yet most of the examples which you doe bring are either false or else impertinent For there haue beene diuers states wherein one hath borne the name title of king without power of Maiestie As the Romanes in the time of their consulate estate had alwaies a priest whom they entitled king whose office consisted in certaine ceremonies sacrifices which in former times could not be performed but by their kings Likewise the Lacedaemonians after Licurgus had formed their gouernment retained two kings who had no greater stroke in matters of state then a single voice as other Senators Such were in Caesars time many pettie kings of Gaule who as Ambiorix king of Leige confessed were subiect to their Nobilitie iusticeable by them Such are now the Emperours of Almaine because the puissance Maiestie of the empire pertaineth to the states who are sworne to the empire it selfe and not to the person of the Emperour Such are also the Dukes of Venice the soueraignetie of vvhich state is setled in the gentlemen In these and such like gouernments the Prince is not soueraigne but subiect to that part of the common wealth which retaineth the royaltie and maiestie of state whether it be the Nobilitie or common people and therefore your examples drawen from them is nothing to our purpose Concerning successe it cannot bee strange vnto you that by the secret yet iust iudgement of God diuers euill actions are carried with apparance of good successe The Prophet Dauid said that his treadings had almost slipt by seeing the wicked to flourish in prosperitie the prophet Ieremiah seemed also to stagger vpon this point it hath alwaies ben a dangerous stone in the way of the godly whereat manie
true heire to the crowne Between these two as in all vsurpations it is vsuall vvar vvas raised but by the vnsearchable iudgement of God the duke of Lorraine vvas cast to the ground And there is little doubt but if he had preuailed Lorraine had bene at this day a member of the crowne of France The like answer may be giuen to your example of Suintilla this beside that the kingdom of the Gothes in Spaine vvas not then setled in succession chiefly during the reigne of Victeric Gundemir Sisebuth Suintilla Sicenand Cinthilla and Tulca The historie of Alphonso another of your examples standeth thus Alphonso had a sonne called Ferdinand who died during the life of his father left two yong sons behinde him After the death of Ferdinand his yonger brother Sancho practised with D. Lope Diaz de Haro Lord of Biscay to procure him to be aduanced to the successioÌ„ of the kingdom before his nephewes D. Lope vndertoke the deuise drawing some other of the nobilitie to the partie they so wrought with the king that in an assembly of the states at Segouia Sancho was declared successor the childreÌ„ of Ferdinand appointed to be kept in prison But Sancho either impatieÌ„t to linger in expectatioÌ„ or suspicious that his father grew inclinable towards his nephewes made league with Mahomed Mir king of Granado a Moore by whose ayde by the nobilitie of his faction he caused him selfe to be declared king Heerevpon Alphonso was enforced to craue assistance of Iacob Aben Ioseph king of Maroco who before had bene an enemie to AlphoÌ„so but vpon detestatioÌ„ of this vnnatural rebellioÌ„ he sent forces to him protesting notwithstaÌ„ding that so soone as the war should be ended he wold become his enemie againe So Alphonso by help partly of the Marocco Moores partly of his subiects which remained loyall maintained against his sonne both his title state during his lyfe but not without extremitie of bloudshed opportunitie for the Moores being assistaÌ„t to both parties to make themselues more strong within the countries of Spaine For this cause Alphonso disinherited his sonne by his testament and cast a cruell cursse vpon him his posteritie afterward it vvas ordeined in an assembly of the states holden at Tero that the childreÌ„ of the elder brother deceased should be preferred before their vnckle How then will you verifie your two points by this historie First that Alphonso vvas depriued by a publick act of parlament secondly that it turned to the great coÌ„moditie of the state It is not a millioÌ„ of Masses that are sufficieÌ„t to satisfie for all your deceitful malicious vntruthes I meruaile how the rebellion of Absolon against king Dauid his father escaped you Oh it wanted successe you could not so easily disguise the report You write that the common wealth of Spaine resoluing to depose D. Pedro the cruell sent for his brother Henry out of france required him to bring a strength of frenchmen with him but hereby you make it plain that the common wealth was not fully agreed The truth is that this was a dangerous deuisioÌ„ of the state between two concurrents some holding for Henry some for Pedro. Henry obtained forren asistance by the french Pedro by the english In the meane time whilst Peter was throwen out of state by the forces of france after that Henry by the armes of england againe Peter deiected both from dignitie and life by his brother Henry the poore country became a spectacle for one of your enterludes Your example of Don Sancho Capello king of Portugal containeth many intollerable vntruthes For neither was he depriued of his dignitie neither did the Pope counsell of Lions giue either authoritie or consent that he should be depriued neither was he driuen out of his realme into Castilla neither died he in banishmeÌ„t neither was Alphonso his brother king during his life These fiue vntruths you huddle into one heape The counsaile of Lions wholy opposed against the deposing of Don Sancho notwithstanding many disabilities were obiected against him in regard wherof they gaue directioÌ„ that Alphonso his brother should be regent of the realme as in that case it is both vsuall fit But Sancho taking this to dislike did seeke aide of the king of Castile in that pursuite ended his life without issue wherby the right of succession deuolued to Alphonso To your examples of greeke Emperours I will answer by your words which are that for the most part they came not orderly to the crowne but many times the meanes thereof were tribulent and seditious The deposing of Henry king of Polonia I acknowledge to be both true iust I haue nothing to except against it When the crowne of France did discend vnto him he forsooke Polonia refused to return again to that swaggering gouernment wherevpon they did depose him Giue vs the like case you shal be allowed the like proceeding but you esteeme your examples by tale not by touch being not much vnlike a certaine mad fellow in Athens who imagined euery ship which was brought into the hauen to be his for vvhatsoeuer you finde of a king deposed you lay claime vnto it as both lawfully done and pertayning to your purpose whereas one of these doth alwaies faile Concerning your two examples one of Sueden and the other of Denmarke I shall haue occasion to speake hereafâ—er The nobility of those countries preteÌ„d that their kings are not soueraigne but that the power in highest matters of state pertaineth vnto them If it bee thus the examples are not appliable to the question if it be otherwise then the princes had wrong Wee are come now to our domesticall examples the first whereof is that of king Iohn who was deposed by the Pope you say at the suite of his owne people All this people was the Archbishop of Cant. the bish of London and the bish of Ely at whose coÌ„plaint the Pope did write to Phillip king of France that hee should expell king Iohn out of his realme If not conscience if not ordinarie honestie pure shame should haue drawen you to another forme of writing Hee was also depriued you say afterwards by his Barons Heauy beast call you this a depriuation The commons were neuer called to consent the Clergie were so opposite to those that stoode in armes against king Iohn that they procured excommunication against them first generally then by name lastly Lewes the French kings sonne was also included of the Nobilitie which is onely the third state of the realme I make no doubt but some reserued themselues to bee guided by successe others and namely the Earles of Warren Arundell Chester Penbrooke Ferrers Salisburie and diuers Barons did openly adhere vnto king Iohn you may as well call any other rebellion a depriuation as affirme that the rest either did or might depriue him And whereas you bring in king Henry the third as a
that line also failed in Sigismond Augustus the last male of that Familie the States elected Henry Duke of Anjowe for their King with this clause irritant That if hee did violate any point of his oath the people should owe him no alleageance But whereas you report this as the vsuall oath of the Kinges of Polonia you deserue to heare the plainest tearme of vntruth In the kingdome of Spaine you distinguish two times one before the conquest thereof by the Moores the other after it was recouered againe by the Christians I acknowledge a difference in these two times for that in the one the right of the kingdome was electiue in the other it hath alwaies remained successiue insomuch as Peter Belluga a diligent writer of the rights of Arragon doth affirme that the people haue no power in election of the king except in case the line should faile Concerning the matter in controuersie you affirme that the kings did sweare the same points in effect which before haue bene mentioned This wee must take vpon your forfeited faith for you alleadge no forme of oath onely you write that the fourth nationall Councell of Toledo with all humilitie conuenient did require that the present king and all other that should follow would be meeke and moderate towardes their subiects and gouerne them with iustice and not giue sentence in causes capitall without assistance declaring further that if any of them should exercise cruell and proude authoritie 〈◊〉 they were condemned by Christ with the sentence of Excommunication and separated to euerlasting iudgement But what pang hath possessed your dreaming braines to tearme this by a marginall note Conditions of raigning in Spaine being no other then a reuerent and graue admonition of the dutie of a king with a feareful declaration of the iudgment of God against wicked Princes And that which was afterward decreed in the sixt Councell of Toledo That the king should sweare not to suffer any man to breake the Catholike faith because it is a principall point of his dutie his estate was not thereby made conditionall The rest of this passage you fill vppe with froath of the antiquated lawe of Don Pelayo prescribing a forme of inaugurating the Kinges of Spaine whereof there is not one point either now in vse or pertaining to the purpose So miserable is your case that you can write nothing therein but that which is either impertinent or vntrue For Fraunce your first example is taken from the coronation of Philip the first wherein you note that king Henrie his father requested the people to sweare obedience to his sonne inferring thereby that a coronation requireth a new consent which includeth a certaine election of the subiects But this is so light that the least breath is sufficient to disperse it Philip was crowned king during the life of his father which action as it was not ordinarie so was it of such both difficultie and weight that it could not be effected without assemblie and consent of the States The oath which he made is in this forme extant in the Librarie of Rheimes I do promise before God and his Saints that I will conserue to euery one committed vnto me canonicall priuiledge due Law Iustice and wil defend thē by the helpe of God so much as shall lye in my power as a king by right ought to do within his Realme to euery Bishop and to the Church cōmitted to him and further to the people cōmitted to my charge I wil grant by my authority the dispensatiō of laws according to right Ad to this a more anciēt form of the oth of those kings which it seemeth you haue not seene I sweare in the name of God Almighty promise to gouerne well duly the subiects cōmitted to my charge to do with all my power iudgement iustice and mercy Ad also the oath which you alleage of Philip the 2. surnamed Augustus To maintaine all canonicall priuileges law Iustice due to euery mā to the vttermost of his power to defēd his subiects as a good king is bound to do to procure that they be kept in the vniō of the Church to defend thē frō al excesse rapine extortion iniquity to take order that Iustice be kept with equity mercy to endeuor to expell heretiks What doth all this rise vnto but a princely promise to discharge honorably and truly those points of duty which the laws of God did lay vpō thē What other cōditions or restraints are imposed what other cōtract is hereby made where are the protestations which in the end of the last chap. you promised to shew that if the Prince do faile in his promise the subiects are free frō their allegeāce what clause do you find sounding to that sense But you litle regard any thing that you say you easily remēber to forget your word Wel thē we must put these your vaine speeches into the reckning of mony accōpted but not receiued and seeing you cannot shew vs that the kings of France and of Spaine are tied to any condition whereto the law of God doth not bind thē I will not vary frō the iudgemēt of Ordradus in affirming thē to be absolute kings I haue pressed this point the rather in this place because you write that most neighbour nations haue takē the forme of annointing crowning their kings from the anciēt custome of France although the substāce be deduced from the first kings of the Hebrews as appeareth by the annointing of king Saule whereof Dauid you say made great accompt notwithstanding that Saule had bene reiected by God and that himselfe had lawfully borne armes against him Out Atheist you would be dawbed with dung haue the most vile filth of your stewes cast in your face Did Dauid beare armes against his annointed king did he euer lift vp his eye-lids against him did he euer so much as defend himselfe otherwise then by flight It is certaine that Shemei did not halfe so cruelly either curse or reuile this holy man who did so much both by speech and action detest this fact that he would rather haue endured ten thousand deaths then to haue defiled his soule with so damnable a thought What then shall we say vnto you who to set vp sedition and tumult abuse all diuine humane wrightings in whatsoeuer you beleeue will aduance your purpose who spend some speech of respect vnto kings for allurement onely to draw vs more deepe into your deceit Shall we giue any further eare to your doctrine both blasphemous and bloudy We will heare you to the end and I deceiue my selfe but your owne tale shall in any moderate iudgement condemne the authoritie of your opinions for euer Let vs come then to your last example which is neither the last nor the least whereat you leuell And that is of England which of all other kingdomes you say hath most particularly taken this ceremony of Sacring and
annointing from France Well let the ceremonie be taken from whence you please if the oath be no other then you do specifie To obserue peace honour and reuerence vnto Almighty God to his Church and to the Ministers of the same to administer Law and Iustice equally to all to abrogate euill lawes and customes and maintaine good which was the oath of king Richard the first the like whereto was that of king Iohn altered only in the first branch To loue and defend the Catholicke Church If the oath be no other I say I do not see what other answer you need to expect but that it is onely a free royall promise to discharge that duty which God doth impose And this is plainely declared by the speech which you alleage of Thomas Arundell Archbishop of Canterbury to king Henry the fourth Remember saith he the oath which voluntarily you made voluntarily he sayd and not necessarily it was voluntary in oath but necessary in duty That which you report also that Thomas Becket did write vnto king Henry the second importeth nothing else but an acknowledgement of duty Remember said he the confession which you made I cannot omit your description of the manner of the Coronation in England First you say the king i◠sworne then the Archbishop declareth to the people what he hath sworne and demaundeth if they be content to submit themselues vnto him vnder those conditions whereunto they consenting he putteth on the royall ornaments and then addeth the words of commission Stand and hold thy place and keepe thy oath And thus you haue hammered out a formall election supposing that you draw together the peeces of falshood so close that no man can perceiue the seame The truth is that king Henry the fourth being not the nearest in bloud to the inheritance of the crowne did countenance his violence with the election of the people not at his Coronation but in a Parliament that was holden before And therefore you do impudently abuse vs First in ioyning them together as one act Secondly by falsifying diuerse points in both Lastly by insinuating that the same order was obserued by other kings The points which you falsifie are these The interrogation of the Archbishop to the people the absurd straining of these words Stand hold thy place to be a Commission the alleaging also out of Stow 1. That the Archbishop did reade vnto the people what the King was bound vnto by oath 2. That the Earle of Northumberland did shew a ring vnto the people that they might thereby see the band whereby the king was bound vnto them 3. That the king did pray that he might obserue his promise In which composition of conceits you shew how actiue you are in counterfaiting any thing that may make to your purpose perswading your selfe that it is no fraud vnto God to deceiue the world in a lye for aduantage King Edward the fourth also because his right was litigious another was in possession of the crowne strengthened or rather countenanced his title with the approbation of the people But where you write that at the Coronation of King Edward the sixth Queene Mary and Queene Elizabeth the consent and acceptation of the people was demanded First we haue no cause to credite any thing that you say then although it be true yet not being done in Parliament it addeth no right vnto the Prince but is only a formality a circumstance only of ceremony and order Hereupon you conclude that a king hath his authority by agreement and contract betweene him the people insinuating thereby that he looseth the same if he either violate or neglect his word The contrary opinion that only succession of bloud maketh a king that the cōsent of the people is nothing necessary you affirme to be absurd base and impious an vnlearned fond and wicked assertion in flattery of Princes to the manifest ruine of common-wealths and peruerting of all law order and reason I did alwayes foresee that your impostumed stomacke would belch forth some loathsome matter But whosoeuer shall compare this confident conclusion with the proofes that you haue made he will rather iudge you mad then vnwise This bold blast vpon grounds that are both foolish and false bewrayeth rather want then weaknesse of wits I am ashamed I should offer any further speech in so euident a truth but since I haue vndertaken to combate an herisie since the matter is of so great consequence import I purpose once againe to giue you a gorge Learne then heauy-headed Cloisterer vnable to mannage these mysteries of State Learne of me I say for I owe this duty to all Christians the Prophets the Apostles Christ himselfe hath taught vs to be obedient to Princes though both tyrants and infidels This ought to stand with vs for a thousand reasons to submit our selues to such kings as it pleaseth God to send vnto vs without either iudging or examining their qualities Their hearts are in Gods hand they do his seruice sometimes in preseruing sometimes in punishing vs they execute his iudgement both wayes in the same measure which he doth prescribe If they abuse any part of their power we do not excuse we do not extenuate it we do not exempt them from their punishment let them looke vnto it let them assuredly expect that God will dart his vengeance against thē with a most stiffe and dreadfull arme In the meane season we must not oppose our selues otherwise then by humble sutes and prayers acknowledging that those euils are alwayes iust for vs to suffer which are many times vniust for them to do If we do otherwise if we breake into tumult and disorder we resemble those Giants of whom the Poets write who making offer to scale the skies and to pul Iupiter out of his throne were ouerwhelmed in a moment with the mountaines which they had heaped together Beleeue it Cloisterer or aske any man who is both honest and wise and he will tell you It is a rule in reason a triall in experience an authority confirmed by the best that rebellion produceth more horrible effects then either the tyranny or insufficiency of any Prince To the sixth Chapter whereof the title is What is due to onely succession by birth and what interest or right an Heire apparant hath to the Crowne before he is crowned or admitted by the commonwealth and how iustly he may be put backe if he hath not the partes requisite YOV begin after your manner with a carreir against Billay but because both I haue not seene what he hath written and dare not credite what you report I will not set in foote betweene you In breaking from this you preferre succession of Princes before free election as well for other respects as for the preeminence of auncetrie in birth which is so much priuiledged in the Scripture and yet not made so inuiolable you say but vpon iust causes it might be inuerted as it appeareth by the examples of
of France a law was made that bastards should not succeed in the Crowne and yet other bastards of great houses were stil aduowed the French being then of the same opinion with Peleus in Euripides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Oftentimes many bastardes excell those that are lawfully borne which is verified by Hercules Alexander the great Romulus Timotheus Themistocles Homer Demosthenes Brutus Bion Bartolus Gratian Peter Lombard Peter Comesior Io. Andreas and diuers other of most flourishing name Your examples of Lewes the 6. and Lewes the 11. are not worth a word in answere In the beginning of their raigne you affirme that they had like to haue beene disinherited by the state for the offences of their Father You beare a minde charged with thoughtes vaine busie and bolde without any restreint either of honestie or of discretion For how else could you here also affirme that King Henry the third of England was condemned by his Barons to be disinherited for the fault of his Father It is vsuall with you in all your reports either plainely to breake beyond the boundes of all truth or grossely for I cannot now say artificially to disguise it with many false and deceiueable termes But to conclude for the state of France which is also to exclude whatsoeuer you haue said vnder the raigne of Charles the fift for the better establishment of this right and for cutting of those calamities which accompanie vsurpatiō there was a lawe made that after the death of any King the eldest sonne should incontinently succeede We are now come to our English examples of which you might haue omitted those of the Saxon kings as well for that there could be no setled forme of gouernment in those tumultuous times as also for that our Histories of that age are very imperfect not leading vs in the circumstances either of the maner or occasion of particular actions they declare in grosse what things were done without further opening either how or wherefore But both these doe make for your aduantage for who seeth not that your exāples are chiefly bred in tempestuous times and the obscuritie of Histories will serue for a shadowe to darken your deceit Well let vs take both the times and Histories as they are How will you maintaine that Egbert was not next successour to Briticus by propinquitie of blood Briticus left no children and Egbert was descended of the blood royall as Polydore affirmeth William Malmesbury saith that he was the only man aliue of the royall blood being descended of Inegild the brother of King Ina. How then is it true which you say that Britricus was the last of the roial descēt and if it had beene so indeede the right of election should then haue bene in the state And thus you stumble at euery step you entangle your selfe without truth or ende You snatch at the words of Polydore where he saith He is created king by consent of all which doe imply no other sense but that which a little after he saith That he was saluted king by all So we finde also that the like improper speech was vsed at the coronatiō of Philip the second king of France whereby the Archbishop of Reimes did challenge power in the right of his Sea to make election of the king That Adelstane was illegitimate you follow Polydore a man of no great either industrie or iudgement William Malmesbury accounted Egwina the mother of Adelstane to be the first wife of king Edward his father he termeth her also a noble woman contrary to that which Polydore fableth Henry Huntington Roger Houeden and others write no otherwise of him but as of one that was lawfully borne And in that you english these words of Polydore Rex dicitur Rex a populo salutatur Hee was made king by the people In that you affirme also that for the opinion of his valure hee was preferred before his brethren which were lawfully borne whome you acknowledge to be men of most excellent both expectation and proofe you doe plainly shewe that vse hath made you too open in straining of truth Eldred did first take vpon him but as Protector because of the minoritie of the sonnes of Edmund his elder brother and afterward entred into ful possession of the Crowne But that his nephewes were put backe by the Realme it is your owne idle inuention it was no more the act of the realme then was the vsurpation of King Richard the third That Edwin was deposed from his estate it is inexcusably vntrue Polydore writeth that the Northumbrians and Mercians not fully setled in subiection made a reuolt Malmesburie saith that hee was maimed of a great part of his kingdome by the stroke of which iniurie he ended his life And whereas you write in commendation of King Edgar his next successor that he kept a Nauie of 6600. shippes for defence of the Realme you discouer your defectiue iudgement in embracing such reports for true In that you say that many good men of the Realme were of opinion not to admit the succession of Etheldred after the death of his brother I dare confidently affirme that you doe not only tel but make an vntruth hauing no author either to excuse or countenance the same In that you write also that betweene the death of Edmund Ironside and the raigne of William Conquerour it did plainly appeare what interest the Common-wealth hath to alter titles of succession it doth plainly appeare that both your reason and your conscience is become slauish to your violent desire For what either libertie or power had the Common-wealth vnder the barbarous rage and oppression of the Danes when Canutus had spread the winges of his fortune ouer the whole Realme none hauing either heart or power to oppose against him what choise was then left vnto the people what roome for right what man not banished from sobrietie of sence woulde euer haue saide that hee was admitted king by the whole Parliament and consent of the Realme It is true that after he had both violently and vniustly obtained full possession of the Realme slaine the brother of Edmund Ironside and conueied his children into Sueden he assembled the Nobilitie and caused himselfe to be crowned king but neither the forme nor name of a Parliament was then knowne in Englande and if coronation were sufficient to make a title no king should be accounted to vsurpe Of Harold the first the naturall sonne of Canutus our Histories doe verie differently report Saxo Grammaticus writeth that he was neuer king but that he died before his Father Henry of Huntington reporteth that he was appointed but as Regent for his brother Hardicanutus Others write that apprehending the opportunitie of his brothers absence he inuaded Northumberland and Mercia by force of the Danes who were in Englande wherevpon the Realme was diuided one part holding for Harolde and another for Hardicanutus who was in Denmarke But because hee
not bene so foolishly eyther suspitious or fonde that when King Richard sent for him they refused to commit him into his Vncles hands But after the death of king Richard his brother Iohn seized vpon his treasure in Normandie came ouer into England and in an assembly onely of the Nobilitie was crowned king Of these many he wonne with such liberall protestations and promises as men carelesse of their word are wont to bestowe others were abused by the perswasions of Hubert Archbishop of Canterburie and a fewe others saith Polydore not well aduised Nic. Triuet saith that Iohn pretended for his title not the election of the people but propinquitie of bloud and the testament of king Richard The same also is affirmed by Walsingham And this is the question betweene the Vncle and the Nephewe of which I shall haue occasion to speake hereafter But Polydore saith that diuers noble men did account this to be a fraudulent iniustice and therevpon did ominate those euils which afterward did ensue And when the Archbishop was charged that vnder colour of reason partly subborned and partly weake he had bene the occasion of all those mischiefes Polydore saith that he was both grieued and ashamed at nothing more Rog. Wenden affirmeth that he excused himselfe that he did it vpon oracles and by the gift of prophesie King Iohn hauing locked himselfe into the saddle of state made one wrong which he had done to be the cause of a greater wrong by murthering his Nephew Arthur Duke of Britane whose inheritaÌ„ce he did vniustly vsurpe For this fact the French king depriued him of all the landes which he helde in fee of the crowne of France prosecuted the sentence to effect After this as men are easily imboldened against an vsurper when once he declineth eyther in reputation or in state diuers of the Nobilitie especially they of the North confederated against him but being neither able to endure his warre nor willing to repose trust in his peace they coÌ„tracted with Lewis the French kings sonne to take vpon him to be their king And so it often happeneth in ciuill contentions that they who are weakest do runne with a naturall rashnesse to call in a third Lewes being arriued vpon the coast of Kent the Nobilitie of that faction came and sware alleageance vnto him The Londoners also many vpon an ordinarie desire to haue new kings others for feare and â—ome for company ioyned to the reuolt Hereof a lamentable presence of all miseries did arise whereby as well the libertie as the dignitie of the Realme were brought to a neare and narrowe iumpe The poore people naked both of helpe and hope stood at the curtesie and pleasure of the men of armes the libertie of warre making all things lawfull to the furie of the strongest The Nobilitie feeling much and fearing more the insolencie of the French NatioÌ„ who as Vicount Melin a noble maÌ„ of France confessed at his death had sworne the extirpation of all the noble bloud in the Realme began to deuise how they might returne into the alleageance of king Iohn in so much as a litle before his death Letters were bâ—ought vnto him from certaine of his Barons to the number of fortie who desired to be receiued againe into his peace But after his death which happily did happen within fiue moneths after the arriuall of the French both their hatred and their feare being at an ende they were all as readie to cast out Lewes as they had bene rash to call him in This History you corrupt with verie many odious vntruthes which are more harsh to a well tuned eare then the crashing of teeth or the grating of copper As namely in affirming that Arthur was excluded and Iohn crowned King by the states of the Realme that God did more defend this act of the Common-wealth then the iust title of Arthur that by the same states king Iohn was reiected Prince HeÌ„ry his sonne depriued and Lewes of France chosen to be king that the same states recalled their sentence against Prince Henry disanulling their oathe and alleageance made vnto Lewes A shamelesse tongue gouerned by a deceitfull minde can easily call faction the Common wealth rebellion a iust and iudiciall proceeding open an often periurie an orderly reuoking of a sentence Gods secret iudgement in permitting iniustice to preuaile a plain defence and allowance thereof Of the diuision of the houses of Lancastar and Yorke it is but little that you write whereto I haue fully answered before you do wisely to giue a light touch to this example it is so hotte that it will scalde your throate King Henry the fourth more caried by cursed ambition then either by necessitie or right laide an vniust gripe vpon the Realme which afterward he did beautifie with the counterfeit titles of conquest and election So violent are the desires of Princes to imbrace streined titles by whiche they may disturbe the states of other not remembring that right may be troaden downe but not troaden out hauing her secret both meanes to support and seasons to reuiue her For although the lawfull successor did warily strike saile to the tempest because neither the time running nor the opportunitie present which are the guiders of actions did consent as then to enter into enterprise Yet so soone as one heare of occasion was offered his progenie did set vp a most doubtfull warre wherein thirteene battailes were executed by English-men only and aboue fourescore Princes of the royall blood slaine Loe now the smiling successe of these vsurpations loe what a deare purchase of repentance they did cause Were it not that passion doth blind men not only in desire but in hope they might suffice to make vs aduised to keepe rather the knowne beaten way with safetie then vpon euery giddie and brainlesse warrant to engulphe our selues in those passages wherein so many haue perished before vs. It belongeth to wise men to auoide mischies and it is the reward of fooles to lament them Goe too then conclude if you please that the people are not bound to admit him to the Crowne who is the next successor by propinquitie of blood but rather to weigh whether it is like that hee will performe his charge or no. Conclude this I say to be your opinion and that it seemeth to you to be conforme to all reason lawe religion pietie wisedome and policie and to the custome of all Common wealthes in the world and I wil assuredly conclude against you that you prate without either warrant or weight To the ninth Chapter which beareth title VVhat are the principall points which a Common-wealth ought to respect in admitting or excluding any Prince wherein is handled largely also of the diuersitie of religions and other such causes IN this passage you handle what cause is sufficient either to keepe in or to cast the next in blood out of state In which question you determine that God doth
allowe for a iust and sufficient cause the will iudgement of the people Your reason is for that they are the iudge of the thing it selfe and therefore they are the iudge also of the cause Your antecedent you proue First for that it is in their owne affaire secondly for that it is in a matter that hath his whole beginning continuance and substance from them alone Your cōsequence you proue by a whole lump of lawe in alleaging the entire bodie of the ciuil and Canon lawe assisted also with great reason Diogenes said of a certain Tumbler that he neuer sawe man take more paines to breake his necke In like sort we may say of you It is hard to finde a man that hath more busied his wittes to ouerthrow the opiniō of his wisedome For the first proofe of your antecedēt is not only of no force for you but strong against you because no man is a competent iudge in his owne cause no man can bee both partie and iudge whereto I wil adde that no inferiour hath iurisdiction ouer the superiour much lesse the subiect against the Soueraigne Your second proofe that all the power of a King hath dependency vpon the people I haue sufficiently encountred before And if your consequence were true that whosoeuer is iudge of a thing is iudg also without controwlment of the cause if this were as agreeable to all lawes as you make countenance then were all iudgements arbitrarie then could no appeale be enterposed for giuing sentence without iust cause then were it false which Panormitane writeth that a false cause expressed in a sentence maketh it voide What shall I say what doe you thinke doe you think that these fat drops of a greasie brain can bring the tenure of a crown to the wil of the people what are you who endeuour thus boldly to abuse both our iudgement conscience Are you religious are you of ciuil either nature or education who vnder the name of Ciuilian do open the way to all maner of deceits periuries tumults treasons What are you For you shewe your selfe more prophane then Infidels more barbarous then Caniballs Tartarians Moores Mammelucks who though they beare themselues in nothing more then hatred and cōtempt yet do they both loue honor their kings I see what you are the very true follower of the Anabaptists in Garmanie who openly professed that they must ruinate the state of kings And who can assure vs for your corrupt dealing make all suspitions credible that you doe not also follow them both in desire and hope to imbrace the Monarchy of the whole world The difference betweene you is this they pretended reuelation for their warrant you worke by deceitfull shewe of reason by falsly either alleaging or wresting or corrupting both humane and diuine authoritie In what miserable condition should Princes liue if their slate depended vpon the pleasure of the people in whom company taketh away shame and euery man may laie the fault on his fellow How could they commaund who would obey what could they safely either doe or omit Who knowes a people that knoweth not that suddain opinion maketh them hope which if it be not presently answered they fall into hate choosing and refusing erecting and ouerthrowing as euery winde of passion doth puffe What staiednesse in their will or desire which hauing so many circles of imagination can neuer be enclosed in one point And whereas you write that God alwaies approueth the will and iudgement of the people as being properly the iudge of the whole businesse and that euery particular man must simply submit himselfe therevnto without further inquisition although at diuers times they determine contraries as they did betweene the houses of Lancaster and Yorke because we must presume that they were ledde by different respects You seeme not obscurely to erect thereby another priuiledged power vppon earth which cannot erre which doth not deceiue But it may be some honest minded man will say that howsoeuer you write your meaning was otherwise you write also afterward that in two cases euery priuate man is bounde to resist the iudgement of the whole people to the vttermost extent of his abilitie Well then let vs take you for a man whose sayings disagree both from your meaning and betweene themselues let vs consider what are your two exceptions The first is when the matter is carried not by way of orderly iudgement but by particular faction of priuate men who will make offer to determine the cause without authoritie of the Realme committed vnto them But this exception is so large that it deuoureth the whole rule for in actions of this qualitie the originall is alwaies by faction the accomplishment by force or at least by feare howsoeuer they are sometimes countenanced with authoritie of the state So Sylla hauing brought his legions within the walles of Rome obteined the lawe Valeria to be published whereby he was created Dictator for 24. yeares by meanes of which force Cicero affirmeth that it was no lawe Likewise Lawrence Medices hauing an armie within Florence caused or rather constrained the Citizens to elect him Duke When Henry the fourth was chosen king ho held fortie thousand men in Armes And this is most euident by your owne example of foure contrary actes of Parliament which at diuers times were made during the contention betweene the families of Lancastar and Yorke not vpon different reasons as with little reason you affirme but vpon different successe of either side In matters of this moment the orderly course of proceeding is onely by Parliament The Parliament must bee summoned by the Kings vvrit and no act thereof hath life But by expresse consent of the King If this forme had alvvayes beene obserued neyther our Kinges should haue beene deposed nor the next successours excluded nor the title of the crowne entangled to the inestimable both weakning waste of all the Realme Your second exceptiō is when such a man is preferred to the crowne by whō God is manifestly offended the realme preiudiced or endangered in which case you say euery man with a free and vntrowled conscience may resist what he can It was euen here I looked for you Your broyling spirits do nothing else but fling firebrands heape on wood to set kingdomes in combustiō What rebellion what reuolt hath euer bin made but vnder some of these pretenses what Princes actions either by malicious or ignorant interpretation may not easily be drawen to one of these heades you are a nursery of war in the common-wealth a Seminary of schisme diuisiō in the church In sum all your actions all your thoughts are barbarous bloody You write much of right iustice but you measure the right iustice of a cause by the aduantage of your owne affaires You speak as hauing a tender touch of the glorie of God but you stretch out your throate with high wordes of contradiction against him You