And this was done in a General Parliament which was held at Segovia in the year 1276. and the two Princes his Nephews were put in Prison but afterwards by the intercession of their Uncle King Philip of France they were releas'd and had certain Lands given them and of them came the Dukes of Medina Coeli and all the rest of the House of Cerda which are of great Nobility in Spain Not long after this Garab lib. 15. 〈◊〉 1. An. 1363. when Don Pedro Sirnamed The Cruel King of Castile was driven out and his Bastard-Brother Henry the Second set up in his place John of Gaunt Duke of Lancaster having Married Dono Constantia the said King Peters Daughter and Heir pretended by Succession to the said Crown of Castile which was really his Right but yet the State of Spain denyed it flatly and defended it by Arms and prevailed against John of Gaunt as did also the Race of Henry the Bastard against his lawful Brother and the Race of Don Sancho the Uncle against his lawful Nephews and this hapned in the third and principal Descent of the Spanish Kings when this Matter of Succession was most assuredly and perfectly establisht and yet who will deny the Kings of Spain who held under the latter Titles To be true and lawful Kings By which it appears how frequently the Line of Succession has been altered in Spain upon any reasonable Consideration which they imagined to be for the Publick good And the like we shall find in France and England which we shall begin to treat of Now concerning the State of France thô since the Entrance of King Pharamond with his Franks out of Germany which was about the year of Christ 419. they have never had any Stranger come to wear the Crown which they attribute to their Salick Law that forbids Womens Reign yet they have twice chang'd their whole Race and Linage of Kings once by the Entrance of King Pepin who put out the Line of Pharamond about the year 751. and again in the promotion of Hugo Capetus who put out the Line of Pepin in the year 988. so as they have had three Descents and Races of Kings as well as the Spaniards Now I 'le pass over all the first Race of the Franch Kings as I also did the Spanish because some men may say That the Commonwealth and Law of Succession was not so well setled in those days as it was afterwards in the time of Pepin Charles the Great and their Descendents Therefore I shall only mention the second Rank which began with the Exclusion and Deposition of their lawful King Childerick the Third and Election of King Pepin in the year of Christ 781 after 22 Kings which had Reigned of the first Line of Pharamond for the space of Three hundred years This King Reigned 18 years being a famous King as all the World knows left his Kingdom by Succession to his eldest Son Charles Sirnamed aster The Great for his Famous and Heroical Acts. And thô the whole Kingdom belong'd to him by right of Succession yet did the Realm of France shew her Authority in his Admission â—â—rard du â—ilan lib 3. as the Historian relates in these Words King Pepin being dead the French chose for their King his two Sons Charles and Carlomon on condition that they should divide the Realm equally betwixt them which was a heavy Condition to the elder Brother to part with half his Kingdom After these Brothers had Reigned together three years King Carlomon died and left many Sons but the Lords Spiritual and Temporal of France Swore Allegiance to Charles without any respect to the Children of Carlomon who by right of Succession should have been preferred After Charles the Great Reigned his Son Lewis the First Sirnamed Debonnaire of his Courtesie who entred with great Applause of all Men for the exceeding grateful Memory of his Father but he was Deposed by the means of his Sons and was put in a Monastery thô after he came to Reign again â—erard lib. 5. â—n 834. and his fourth Son by his second Wife named Charles the Bold succeded him in the Crown after many Battels against his elder Brother Lothair to whom it belong'd by Succession After Charles the Beld succeeded Lewis the Second who was the third Son for the Second died before his Father and the Eldest was put by for his ill Demeanour This Lewis also had like to have been deprived by the States at his Entrance for the Hatred conceived against his Father Gerard. lib. 1. had he not call'd a Perliament at Campeigne and sweetned the People and Nobility with many fair Promises This Lewis left two Bastards by a Concubine who were call'd Lewis and Carlomon as also an Infant newly born of his lawful Wife Adeltrude Daughter to King Alfred of England which Infant was King of France after by the Name of Charles the Simple thô not immediately after the Death of his Fahter For the Nobles of France said They had need of a Man to be King and not a Child and so the whole State of France chose for their Kings the two aforesaid Bastards and they were Crowned most solemnly and divided the whole Realm between them An. 881. and Queen Adeltrude with her Child true Heir of France fled into England to her Fahter and there kept him many years in which time she saw four or five Kings Reign in his place successively Of these two Bastards the Elder named Lewis Reigned but Four years and died without Issue the second named Carlomon lived but one year after him and left a Son called Lewis which succeeded him in the Kingdom by the name of Lewis the Fisth and Sirnamed Faineant for his idle and slothful Life for which as also for his vicious Behaviour and in particular for taking out and Marrying a Nun of the Abby of S. Saveour he was depriv'd and made a Monk in the Abby of S. Denis where he died and in his place was chosen King of France and Crown'd with great Solemnity Charles the Fourth Emperour of Rome who was Nephew to Charles the Bold before mentioned and therefore the French. Historians say That he came to the Crown partly by Succession and partly by Election but for Succession we see it was of no account being Charles the Simple the right Heir was alive in England and as it were forgotten being they had thrice excluded him and would not receive him after they had deprived Charles for his evil Government and rather chose one Odo Earl of Baris and Duke of Angiers and caused him to be Crown'd But after a few years being weary of this Man's Government and moved with Compassion towards the Youth in England they Deposed him while he was absent in Gascony and call'd Charles the Simple out of England and restor'd him to the Kingdom of France leaving only to Odo the State of Aquitain with Title of a Duke wherewith in rine he contented himself seeing
he could get no more But yet his Posterity by virtue of this Election ever after pretended a Title to the Crown of France and never desisted until by Hugo Capetus they got it for Hugh was descended of this King and Duke Odo This Charles the Simple was decoy'd into the Castle of Perene in Picardy where he was made Prisoner and fore'd to resign his Kingdom unto Ralph King of Burgundy and soon after he died in the Castle and his Queen Odin and English Woman fled into England with her little Son Lewis unto her Uncle King Adelstan as Queen Adeltrude had done before But this new King Ralph lived but three years aster and then the States of France considering the Title of Lewis the Lawful Son of Charles the Simple which Lewis was commonly called by the name of d'Outremere that is beyond Sea being he was brought up in England the said States being continually solicited by the Ambassadors of King Adelstan and by William Duke of Normandy in behalf of the young Prince they resolved to call him home as they had done his Father and to admit and Crown him King and so they did and he Reigned Twenty seven years and was a good Prince and died peaceably in his Bed in the year of Christ 945. This Lewis d'Outremere left two Sons behind him the eldest succeeded him by the name of Lothair the First and the youngest he made Duke of Lorrain Lothair dying left one Son named Lewis who succeeded him by the name of Lewis the Fifth but dying without Issue the Crown was to have gone by Lineal Succession to his Uncle Charles Duke of Lorrain second Son of Lewis d'Outremere but the States of France put him byfor mislike of his Person chose Hugo Capetus Earl of Paris and so ended the second Line of Pepin and of Charles the Great and entred the Race of Capetus Now thô all the French Chronicles are carnest defenders of their Law of Succession yet they justifie the Title of Capetus against Charles of Lorrain as may appear by the Words of an ancient and diligent Chronicler of the Abby of S. Denis who defends King Capetus in these Words We may not grant by any means that Hugh Capet should be esteemed an Invader or Vsurper of the Crown of France seeing the Lords Prelates and Princes of the Realm did call him to this Dignity and chose him for their King and Sovereign Lord. Upon which Words Belforest saith as follows Bel. lib 3. cap 1. I have laid besore you the Words and Censure of this good and religious Man for they seem to me to touch the quick for in truth we cannot defend the Title of Capetus by any means from Vsurpation and Felony but by justifying his coming to the Crown by the consent and good will of the Commonwealth And these Instances out of the second Line of France I take to be sufficient proof of our Assertion without going any further for if we do but number these Kings already named of this second Race from Pepin to Capet which are about Seventeen in Two hundred thirty eight years we shall sind that not few but the most part of them did both enter and enjoy their Crown and Dignity contrary to the Law of Lineal Descent and of next Succession by Blood. We shall therefore instance some Examples for our purpose out of the English History and so conclude this Point First then it 's to be noted That the Realm of England hath had as great variety changes and diversity in the Races of their Kings as any Nation in the World For after the Britains it had Romans for their Governours for many years and then of them and their Roman Blood they had Kings of their own as appears by that Valiant King Aurelius Ambrosius who resisted so manfully the Saxons for a time after his they had Kings of the Saxon and English Blood and after them of the Danes and then of the Normans and after them again of the French and last of all of the Scotch of whom King james the Sixth was descended which continues to this day Now I mean to pass over the first and ancient Races of Kings as well of the British and Roman as also of the Saxon Races until King Egbert the First of that Name King of the West Saxons and almost of all the rest of England besides who therefore is said to be properly the first Monarch of the Saxon Blood as he that first commanded the Realm to be called England which ever since has been observ'd Thsi Egbert was banish'd the Realm by King Britricus for the suspected that he might be chosen King by reason of his great Prowess and Valour He lived many years in France under the Famous King Pepin afterwards hearing Britrious was dead he came into England Polydor. lib. 4. and was chosen King by universal Consent of the People and he prov'd one of the best Kings that ever the Saxons had before or perhaps after and he and King Pepin of France began their Reigns as it were together and came both to their Crown by no other Title but the Election of the People This King Egbert left a lawful son behind him named Ethelwolf who succeeded him in the Kingdom and was a Famous a Man as his Fahter This Ethelwolf had four lawful sons who all in their turns succeeded by just and lawful Order in the Crown viz. Ethelbald Ethelbert Ethelred and Alfred and all the latter Three were most excellent Princes especially Alfred who drow Rollo that Famous Captain of the Danes from the Borders of England with all his Company into France where he got the Country then name Neustria and now Normandy and was the first Duke of that Nation from whom our William the Conquerour came afterwards in the 6th Descent This Alfred left one Son behind him named Edward who dying left two Sons lawfully begotten of his Wife Edigna one called Edmond the other Eldred Polydor. lib. 5. â—tow pag. 130. and a third Illegitimate nam'd Adelstan whom he had by a Concubine This last was preferr'd to the Crown before the other two legitimate princes only for his Valour and Conduct This Man dying without Issue his lawful Brother Edmond put back before was admitted to the Crown who Reigned six years and left two lawful Sons but they bing young were both put back and their Uncle Eldred preferr'd before them who after Nine years Reign died without Issue and so his elder Nephew Edwin was admitted to the Crown who after four years was Depos'd for his lew'd and vitious Life and his younger Brother Edgar admitted in his place This King Edgar who entred by Depositio of his Brother was one of the rarest Princes that the World had in his time both for peace and War Justice Piety and Valour He lest two Sons by different Wives Edmond and Etheldred the first was Murther'd after which many good Men of the Realm were of Opinion not to
Government thô Peace ensu'd not presently but that Galba Otho and Vitellius three Captains of the Empire made some little interludes of Tragical killing one another yet within few Months the whole Empire by that means fell into Vespastan and his Son Titus's hand two of the best Governours that ever those times saw The like may be noted of the Noble rank of five excellent Princes viz. Nerva Trajan Adrian Antorinus Pius and Marcus Aurelius who succeeded in the Empire by the just Death of cruel Domitian which Execution its thought the Senate secretly procured not being able to perform it openly by Justice which appears because when the act was done the Senate did presently by publick Decree allow it and disannull'd all his barbarous acts for their exceeding Cruelty and commanded his Arms and Memorials to be taken down every where and chose for his Successor one Cocceius Nerva an Italian a Man of excellent Vertue by whom they not only enjoy'd the most prosperous time of his Government but of all the four who ensued him no less worthy than himself Not long after the Succession of these excellent Emperours there came to the Crown by lawful descent a youth named Antoninus Heliogabalus Son of the Emperour Antoninus Caracalla and Grandchild as was supposed to the famous and noble Emperour Septimius Severus who died in England which Youth as he was highly honour'd for a time upon the account of his worthy Grandfather so after for his own Beastly life he was depriv'd and put to death by the Souldiers at the request and common desire both of the Senate and People who ordained also in his detestation That no Emperour after him should be call'd Antonius This Man being deposed as aforesaid there was prefer'd to the Empire in his room a hopeful young Man of his next Kingdred named Alexander Severus being admitted by common Consent both of Senate and People who prov'd one of the rarest Princes for Valour and Vertue that ever the Roman Empire had so as the excellency of Severus seemed fully to recompence the wickedness of Heliogabalus I may name many other such Examples and among the rest that of Maxentius who being lawfully possess'd of the Empire being Son to Maximinianus the Emperour which Reign'd with Dioclesian yet for his Tyrannical Government that was intolerable it s supposed that the Senate not being able to match him in open strength sent privily into England and France to invite Constantine to come to their relief and so he did and Maxentius being drown'd in the River Tyber Constantine afterwards Sirnam'd the Great succeeded in the Empire who was the Emperour as the World knows who first publickly professed himself a Christian and planted our Faith over all the World. And so I shall end with the Roman Empire Now if we come lower down and nearer home we have yet another Example more remarkable than the rest which is the change of the Empire from the East to the West for the evil Government of Irene and her Son Constantine the 6th who was deposed first and his Eyes put out by his own Mother Irene and the Empire usurp'd by her who not being able to Rule it in such order as was requisite for so great a Monarchy she was deprived thereof by the Sentence of Pope Leo the Third and by Consent of all the People and Senate of Rome Charles King of France and Germany after Sirnamed the Great was Crown'd Emperour of the West which Succession continues as it were to this day and many Worthy men have succeeded therein and insinite acts of Jurisdiction have been exercised by that Authority which were all unjust and Tyrannical if this change of the Empire and deposition of Irene and her Son for their evil Government had not been lawful It were too long to run over all other Kingdoms and therefore I shall only touch some in those Points that are most notorious Now the two famous Changes that have been made in the Royal Line of France the first from the Race of Pharamond and Clodoveus to the Line of Pepin and the second from the Race of Pepin to Hugo Capetus whereon are they founded but upon the Judicial chastisement and deposition of two evil Princes the first of Childeric the third lawful King of France the second of Charles of Lorain who was kept Prisoner during his life in the Castle of Orleance And thus muhc all the French Histories do affirm and do attribute to these Changes the prosperity and greatness of their Kingdom And so much for France where many other Examples might be alledg'd as of King Lewis the Third Sirnamed Fainant and of Charles Sirnamed Le Gross who succeeded him both of them depos'd by the States of France as before I have noted But now if we step over the Pyrenean Mountains and look into Spain where we shall not fail of many Examples to our purpose both before the oppression of that Realm by the Moors and after for before in the year of Christ 630 we read of a lawful King named Flaveo Suintila put down and deprived with his whole Posterity in the fourth Council National of Toledo and one Sissinando confirmed in his place Ambrosio Mora lib. 11. cap. 19. notwithstanding that Suintila was at the beginning of his Reign a very good King and much commended by S. Isidorus Archbishop of Sevil who yet in the said Council was the first Man who subscrib'd to his deprivation After the entrance of the Moors also when Spain was reduc'd again to order and government of the Spanish Kings Garib lib. 13 cap. 15. we read that about the year of Christ 1282. one Don Alonso the 11th of that name King of Castile and Leon succeeded his Father Ferdinand Sirnam'd the Saint and he obtain'd the name of Sabio and Astrologio that is of Wise and so an Astrologer for excelent Learning and peculiar skill in that Art as may appear by the Astronomy Tables that at this day go under his Name which are the most perfect and exact that ever were set forth by Judgment of the Learned This Man for his evil government and especially for Tyranny used towards two Nephews of his was deposed of his Kingdom by a publick Act of Parliament in the Town of Validolid after he had Reigned 30 years and his Son Don Sancho the 4th was Crown'd in his place who for his valiant Acts was Sirnam'd El Bravo and it turn'd to the great commodity of the Commonwealth The same Country of Spain some years after about the year of Christ 1368 Garib lib. 14. cap. 40 41. having to their King one Don Pedro Sirnamed the Cruel who for his injurious Proceedings with his Subjects they deposed and sent for his Bastard Brother out of France and made him King. And thô Edward Sirnamed the Black Prince by order of his Father Edward the 3d of England restored the said Peter again yet it was not durable for that Henry having the favour of
and a Prince Ruling by his Will is less than a Man or a man Brutified In another place the same Philosopher saith Aristot lib. 1. cap. 2. That a Prince who leaveth Law and Ruleth himself and others by his Appetite is of all Creatures the worst and of all Beasts the most furious and dangerous For that nothing is so outragious as Injustice Arm'd and no Armour is so strong as Wit and Authority the first he hath as Man the other as a Prince For this cause all Commonwealths have prescribed Laws unto their Princes whereby to govern as by a most excellent certain and immutable Rule to which sense Cicero said Leges sunt inventoe Lib. 2. Offic. ut omnibus semper una eadem vâ—ce loquerentur For which reason they have been called by Philosophers a Rule or Square inflexible But the Prophet David who was also a King seemeth to call them by the Name of Discipline for that as Discipline keeps all the parts of a Man or of a particular House in order so Law duly administred keeps all the Members of a Commonwealth in Peace and Plenty And to shew how severely God exacteth this at all Princes hands Psal 2. he uses these Words And not learn ye Kings and be instructed ye Princes of the Earth Serve God in fear and rejoyce in him with trembling Embrace the Discipline lest he enter into wrath and so ye perish from the way of Righteousness Which Words being spoken by a Prophet and a King contain many Points worthy of Consideration As first That Kings are pound to learn Law and Discipline Secondly To observe the same with great humility and fear of Gods Wrath And Thirdly That if they do not they shall perish from the way of Righteousness As if the greatest Plague imaginable to a Prince were to lose the Way of Righteousness Law and Justice in his Government and to give himself over to Passion and his own Will whereby he is sure to come to Shipwreck From like Authority and for like Consideration have come the Limitation of all Kings and Kingly Power in all Times and in all Countries both touching themselves their Posterity and Successors Which is apparent in the two most Renowned States of the World that of the Romans and Grecians who both began with Kings but yet with far different Laws and Restraints about their Authorities For in Rome the Kings that succeeded Romulus had great Authority but yet their Children or next in Blood succeeded them not unless chosen by the Senate and People so as of the Three most excellent Kings that ensued immediately after Romulus viz. Numa Pompilius Tullius Hostilius and Tarquinus Priscus Tit. Liv. lib. 1. doe 1. none of them were of the Blood Royal nor of Kin to one another nor yet Romans born but chosen rather from amongst Strangers for their Vertue and Valour In Greece among the Lacedemonians which was the most eminent Kingdom at that time the Succession of Children was most certain but yet their Power was so restrain'd by the Ephori as they were not only checked and chastned by them if occasion served but also Deprived and sometimes put to Death For this Cause Aristotle did justly mislike this eminent Jurisdiction of the Ephori over their Kings but yet we see hereby what Authority the Commonwealth had in this case and what their meaning was in making Laws and restraining their Kings Power viz. thereby the more to bind them to do Justice We may repeat a multitude of such Examples in Heathen Kingdoms but being they may be rejected as being no President for us we shall haste to shew How Christian Kingdoms have limited their Princes Now if we consider the Roman Empire as it is at this day annexed to the German Electors thô it be the first in Dignity amongst Christian Princes yet we shall see it so restrained by particular Laws as the Emperour cannot do so much as other Kings for he can neither make War nor exact any Mony but by the free leave and consent of the German Dyer or Parliament and as for his Children or next of Kin they have no Interest or Pretence to succeed in their Fathers Dignity but only by free Election if they shall be thought worthy Nay one of the chiefest Points that the Emperour must Swear at his Entrance is Sleyden lib. 8. That he will never go about to make the Dignity of the Empire Peculiar or Hereditary to his Family but leave it to the Electors free in their power to chuse his Successor according to the Law made by Pope Gregory the Fifth and the Emperour Charles the Fourth The Kingdom of Polonia is much of the same manner with the Empire both for its restraint of Power Cromenias lib. 3. hist Polo and successions of its King for they have great Limitations being they can do nothing of great moment without the consent of certain Principal Officers called Palatines or Castellans neither may their Children succeed them unless they are Chosen as in the Empire in Spain France and England the Priviledges of Kings is much different from the former The Kings of Spain and France have greater Power than the Kings of England for that every Ordination of these two Kings is Law it self without the Approbation of the Commonwealth But in the Point of Succession it appeareth that the restraint is far greater in those two Countreys than in England for in Spain the next of Blood cannot succeed but by a new Approbation of the Nobility and Bishops of the Realm as it is expresly set down in the two Ancient Councils of Toledo the 4th and 5th In France the World knows that Women are not admitted to succeed in the Crown be they never so near in Blood neither any of their Issue thô it be Male. For which cause Edward the Third of England thô he were Son and Heir to the Daughter of France whose three Brothers were Kings and left her sole Heir to her Father Philip the Fourth yet was he put by the Crown and Philip de Valois a Brothers Son of Philip the 4th preferr'd to it by general Consent of the whole Parliament of Paris And thô the Salic Law is not very ancient as the French themselves do confess and much less made by Pharamond their first King or in those ancient Times as some without ground do affirm yet we see its sufficient to bind all Princes and Subjects of that Realm to observe the same and alter the course of Natural Descent and Nearness of Blood as we have seen but such things are not suffered in England for that our Laws are otherwise which were made by the Commonwealth By all which it is manifest that most Kingdoms have different Laws and Customs both as to their Authority and Succession and it is not enough for a man to alledge bare propinquity of Blood for that he may be excluded for several other Reasons which we shall hereafter discuss I