speake otherwise then you thinke There is no authoritie which the people hath in matters of state but it may bee either bound or streightned by three meanes The first is by cession or graunt for so the Romans by the law of royaltie yeelded all their authoritie in gouernment to the Prince Of this lawe Vlpian maketh mention and Bodin reporteth that it is yet extant in Rome grauen in stone So the people of Cyrene of Pergame and of Bithynia did submit themselues to the Empire of the Romanes So the Tartarians commit absolute power both ouer their liues and their liuings to euerie one of their Emperours so haue our people manie times coÌ„mitted to their king the authoritie of the parliament either generallie or els for some particular case For it is held as a rule that any man may relinquish the authoritie which he hath to his owne benefit fauour Neither is he againe at pleasure to be admitted to that which once hee did thinke fit to renounce And as a priuate man may altogether abaÌ„don his free estate and subiect himselfe to seruile condition so may a multitude passe away both their authoritie and their libertie by publike consent The second is by prescription and custome which is of strength in all parts of the world least matters should alwaies float in vncertaintie and controuersies remaine immortall And that this authoritie of the people may be excluded by prescription it is euident by this one reason which may be as one in a third place of Arithmeticke in standing for a hundred Euerie thing may be prescribed wherein prescription is not prohibited but there is no lawe which prohibiteth prescription in this case and therefore it followeth that it is permitted And generallie custome doth not only interpret law but correcteth it and supplieth where there is no lawe in somuch as the common lawe of England as well in publick as priuate controuersies is no other a fewe maximes excepted but the common custome of the Realme Baldus saith that custome doth lead succession in principalities which Martinus aduiseth to fixe in memorie because of the often change of Princes and the particular custome of euerie nation is at this day the most vsuall and assured law betweene the Prince and the people And this doe thâ— Emperours Honorius and Arcadius in these wordes coÌ„mand punctuallie to be obserued Mos namque retinendus est fidelissimae vetustatis the custome of faithful antiquitie must be retained which place is to this sense ballanced by Pau. Gastrensis Frane Aretinus and Phil. Corneus who termeth it a morall text The like whereto is found also in the Canon lawe and noted by the Glossographer Archidiaeonus Romanus and Cepola Neither were the Fathers of the Nicene councel of other opinion who thus decreed Let auncient customes stand in strength Whereto also agreeth that old verse of Ennius Moribus antiquis res stat Romana virisque Customes and men of oldest sort The Romane state do best support which is cited by Saint Austin and esteemed by Cicero both for breuitie and truth as an oracle To the same sense Periander of Corinth said that old lawes and new meates were fittest for vse which saying Phauorinus in Gellius did in this manner a little vary Liue after the passed manner speake after the present Hereto also pertaineth that edict of the censors mentioned by Suetonius Aul. Gellius Those things which are beside the custome and fashion of our Elders are neither pleasing nor to be adiudged right Of this point I shall haue occasion more particularlie hereafter to write The third meanes whereby the people may loose their authoritie is by way of conquest For howsoeuer Saint Augustine and after him Alciate doe disallowe ambition of enlarging Empire and tearme warres vpon this cause great theeueries Whereupon Lucane and his vncle Seneca called Alexander the Great a great robber of the world Yet there is no doubte but the sentence of victorie especiallie if the war was vndertakeÌ„ vpon good cause as the conqueror being made his own arbitrator wil hardlie acknowledge the contrarie is a iust title of acquisition reducing the vanquished their priuileges liberties and whole estate vnder the discretion of him that is victorious Caesar sayth He geueth all that denieth right which sentence is approoued by Couaruuias affirming that the victor maketh all which his sword touâ—heth to be his owne So sayth Baldus that he doth his pleasure vpon the vanquished and againe Caesar in the speech of Ariouistus it is the law of armes that the victorious should commaÌ„d those whom they haue subdued euen as they please Clemens Alexandrinus saith the goods of enemies are taken away by right of warre Isocrates hath written that the Lacedaemonians did by title of victorie in this sort maintaine their right We hold this land giuen by the posteritie of Hercules confirmed by the Oracle of Delphos the inhabitantes thereof being ouercome by warre Which was not much vnlike that which Iephte captaine of Israell expostulated with the Ammonites Are not those things thine which Chamos thy God hath possessed but whatsoeuer the Lord our God hath conquered pertaineth vnto vs. Yea God doth expressely giue to the people of Israel the cities which they should subdue some into ful possession others into seruitude subiection by which title Iacob also had giuen to Ioseph his partage among his brethreÌ„ euen the land which he had taken froÌ„ the Amorites with his sword and with his bow It was vsuall to the Romans and as Appian saith iust to retaine principall or direct dominion in al thinges which they brought vnder the sway of their sworde Brissonius hath collected certaine examples of the forme of yeelding vnto the Romans whereby al prophane sacred al humane and diuine matters were submitted vnto them Seeing therefore that the people may so many wayes loose both their power and their right in affaires of state is not your ignorance aduenturous so generallie to affirme that if no one forme of gouerment bee naturall there is no doubt but the people haue power both to alter and limit the same as they please Can no lawe no custome no conquest restraine them Your pen doth range and your iudgement rage beyond al compasse and course of reason You should haue said that there is no doubt but if by al or any of these meanes the right both of succession and gouernment be setled in one familie according to propinquitie and prioritie of bloud the people may neither take away nor varie the same and if they doe they commit iniustice they violate the law of nations whereby they expose themselues not onlie to the infamie and hate of al men but to the reuenge of those who wil attempt vppon them
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
the ruine of all So saith Suetonius that vnder Domitian the prouinces vvere vvell gouerned onely certaine priuate men at Rome felt the euill of his crueltie and other vices But vvhen the people doe breake into tumult then all course of iustice is stopped then is either assistance made or resistance vveakned for forren inuasion then is euery one raysed into hope vvho cannot flye but vvith other mennes feathers then as vvhen a fierce horse hath cast his rider the reines are loosed to those insolencies vvhich a dissolute people nothing restrained either by honestie or feare doe vsually commit For as it is the nature of men vvhen they come out of one extremitie vvherin they haue bene houlden by force to runne vvith a swift course into another vvithout staying in the middest so the people breaking out of tyrannie if they bee not helde back vvill runne headlong into vnbrideled libertie and the harder they vvere kept vnder beefore the more insolently vvill they then insult I obserue that Saint Paul alleageth two reasons vvherefore vve should be obedient euen to vvicked and cruell Princes one is for conscience sake Beecause they are the ministers of God and in their royaltie doe beare his Image Another for the safetie and tranquillitie of our selues that wee may lead vnder them a quiet and peaceable lyfe Wherevpon the prophet Ieremiah also exhorted the Iewes to â—eeke the peace of the cittie vvhether they should be transported because in the peace therof their quiet should consist For by obedience a few particulars remaine in daunger by rebellion all by obedience vve can be vnder the tyrannie but of one by rebellion vve are exposed to the rapine and crueltie of many by the one nothing by the other all things are permitted Vpon this ground Saint Augustine saide It is a generall couenant of humane societie to obey Kings And likewise Saint Ambrose It is a great and speciall point of doctrine whereby Christians are taught to be subiect vnto higher powers Three vvaies a cruell Prince may vvork violence against his subiects vpon their goods vpon their persons and vpon their consciences by commaunding them to commit that which is euil Of the first Saint Ambrose saith If the Emperour demaundeth tribute wee doe not deny him If he desireth fieldes let him take them if he please I doe not giue them to the Emperour but therewith also I doe not deny them Of the second Tertullian vvrighteth as I haue alleaged him before For vvhat vvar are vvee vnseruiceable or vnfit although vnequall in number vvho doe so vvillingly suffer death yea he vvas so farre from iudgeing it lawfull to resist that he thought it scarce allowable to flye In the third case not your rule of law but the rule of the Apostles taketh place It is better to obey GOD then man vvhereby the subiect is not bound to yeeld obedience But how hee is not bound to obey by doeing but by suffering hee is he is not bound to obey in doing that onely vvhich is euill but he is not thereby freed from doing any other thing which is lawfully commanded S. Augustine saith Iulian was an infidell Emperour an Apostata an Idolater christian soldiers did serue this infidell Emperour when hee would haue them worship Idols and offer Frankencense vnto them thâ—y preferred God before him but when hee saide bring foorth the armie march against such a nation they did presently obey All this seemeth to bee confirmed by God himselfe who after hee had forevvarned the people of Israell by the mouth of Samuell what heauie what open iniustice they should endure vnder some of their kings hee concludeth in these words and yee shall cry out in that day because of your king and the Lord will not heare you As if hee had said you shall grudge at this burthen you shall grone vnder it but you shall not haue power either to shrinke from it or to shake it off Surely if you had been aduised you would priuily haue blowen your blasphemies into the eares of those ideots who adore you for the great penitentiaries of the sea of Rome esteeme your idle imaginations as the articles of their faith not so publikely haue poured forth your self into these paradoxes both impious absurd not so boisterously haue stepped like Hercules Furens vpon the opeÌ„ stage of the world to denouÌ„ce depriuation against all princes You would not thus confidently haue opposed your hot headed assertioÌ„ against al the ancient fathers of the church You would not thus ignorantly haue troubled the waters of true humane wisdom by corrupting the sence of the ciuell laws you would not thus profanely haue abused the scriptures in maintaining rebellion as coniurers doe in inuocating the diuell For first you are thereby discouered to be neither religious modest nor wise secondly you haue runne your selfe into the compasse of a Canon in the councell of Chalcedon Wherein it is thus decreed against you If Clerkes shall be found to be contriuers of conspiracies or raisers of factions let them be degraded After this you declare who is a tyrant and that is a king you say if once he doth decline from his dutie which is a large description and fit to set all christian countries on floate with bloud Comines saith that he is to be esteemed a good king whose vertues are not ouerballanced by vice I omit your thicke error in putting no difference betweene a magistrate and a king with many other of like qualitie and do come now to a principall point of your strength that Christian princes at this day are admitted vpon conditions and likewise with protestations that if they do not performe the same their subiects are free from all alleageance This you will prooue by the particular oathes of all Princes if the ouerrunning of your tongue may haue the ful course without encounter To the fifth Chapter which is entitled Of the coronation of Princes and maner of admitting to their authoritie and the oathes which they do make in the same vnto the common wealth for their good gouernment FIrst I will preface that no Prince is soueraigne who acknowledgeth himselfe either subiect or accomptable to any but to God euen as Marcus Aurelius said That Magistrates were iudges of priuate men and the Prince of Magistrates and God of the Prince In regard of this immediate subiection Princes are most especially obliged to the lawes of God and of Nature for Baldus Alexander Speculator all interpreters the lawe it selfe do affirme that Princes are more strictly bound to these lawes then any of their subiectes Whereof Dionysius the Tyrant had some sence when he sayd vnto his mother That he was able to dispence with the lawes of Syracusa but against the lawes of Nature he had no power If therefore a Prince doth professe that he will beare himselfe regardfull oâ— the accomplishment of these lawes
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
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
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
haue stumbled and some fallen Besides it ordinarily happeneth that good princes succeede tyrants partly because they are so indeede as being instructed to a better mannage of gouernment both by the miserable life of their predecessors and by the oâ—gly infamie which remaineth after their death partly because by meanes of the comparison they both seeme and are reported to bee farre better then they are Heerevpon Lampridius saith of Alexander Seuerus I may also say that Alexander was a good Prince by feare for that Heltogabâ—lus his predecessor was both an euill prince and also massacred and slaine Seing therefore the reason is so manifest wherefore good princes should succeede tyrants is it not rashnesse is it not impudencie is it not impietie for vs to wade with vncleane feete into Gods secret counsells vnknowne to the Angells and to iustifie vpon this euent the paricide of any prince For my part I know not whether you shew your selfe more presumptuous in entering into this obseruation or in pursuing it more idle and impure I will passe ouer your protestation of respect and obedience due vnto Princes protest what you please wee will take you for no other then a vile â—inde of vermine which if it bee permitted to creepe into the bowels of any state will gnaw the hart strings thereof in sunder This you manifest by the course comparison which presently you annexe that as a naturall body hath authoritie to cure the head if it be out of tune and reason to cut it off oftentimes if it were able to take another so a body politick hath power to cure or cut off the head if it be vnsound But what either will or power hath any part of the body in it selfe what either sence for the one or motion for the other which proceedeth not altogether from the head where is the reason seated which you attribute to the body both in iudging and curing the infirmities of the head Certaine it is that in your cutting cure you deale like a foolish phisition who finding a body halfe taken and benummed with a palsie cutteth off that part to cure the other and so make sure to destroy both You suppose belike that to enter into greater perills is the onely remedie of present dangers I omit to presse many points of this comparison against you because comparisons do serue rather to illustrate then inforce and I know not what assertion you might not easely make good if such sencelesse prating might goe for proofe I come now to your particular examples wherof the first is of King Saule whom you affirme to be depriued and put to death for his disobedience Saule depriued and put to death I neuer heard that any of his subiects did euer lift vp one thought against him Dreamer you will say hee was slaine by the Philistimes good but who depriued him it was God you say who did depriue him You must pardon vs if vpon the sodaine wee doe not conceiue the misterie of your meaning your vvords of depriuation and putting to death doe rather import a iudiciall proceeding against him theÌ„ that God deliuered him to be vanquished by his enemies in the field But vvhat is this to dispossessing by subiects yes you say because vvhat soeuer God hath put in vre in his common vvealth may be practised by others Why but then also good princes may be deposed by their subiects because God deliuered Iosiah to be slaine by the Aegiptians You firebrands of strife you trumpets of sedition you red horses vvhose sitters haue taken peace from the earth how impudently doe you abuse the scriptures how doe you defile them vvith your filchie fingers It is most certaine that Dauid knew both because Samuel tould him and because he had the spirit of prophesie that God had reiected Saul and designed him to be king in his place yet his doctrine was alwaies not to touch the Lords anoinâ—ed wherto his actions vvere also answerable For vvhen Saul did most violently persecute him he defended himselfe no otherwise then by flight During this pursuit Saul fell twice in to his power once he dyd not onely spare but protect him and rebuke the pretorian soldiers for their negligent vvatch the other time his hart did smite him for that he had cut away the lappe of his garment Lastly he caused the messenger to be slaine vvho vpon request and for pittie had furthered as he said the death of that sacred King Wee haue a precept of obedience vvhich is the mould vvherein vvee ought to fashion our actions God onely is superiour to princes vvho vseth many instruments in the execution of his iustice but his aucthoritie he hath committed vnto none Your second example is of king Amon vvho vvas slaine as you vvright by his owne people because he vvalked not in the vvayes of the Lord. This is somewhat indeed if it be true let vs turne to the text Amon was xxii yeeres ould when he began to reigne c. and he did euill in the sight of the Lord c. and his seruants conspired against him slew him in his house and the people smote all those who conspired against king Amon and made Iosiah his sonne king in his stead But this is very different from that which you report Amon was slaine by his seruants and not by the people who were so far from working that they seuerely reuenged his death And although Amon was euill yet the scripture laieth not his euill for the motiue whervpon his seruants slue him The diuell himselfe in alleaging the scripture vsed more honestie sinceritie if I may so terme it then you for he cited the very vvords vvresting them onely to a crooked sence but you change the vvords of the Scripture you counterfeit Gods coine you corrupt the recordes vvhich he hath left vs. I vvill now shake of all respect of ciuilitie towards you and tell you in flat and open termes that as one part of your assertion is true that good Kings succeeded Saul and Amon so the other part that either they vvere or in right could haue bene depriued and put to death by their subiects it is a sacrilegious a logger-headed lye Of your example of Romulus I haue spoken before I haue declared also how the Romanes presently after the expelling of their kings for that cause were almost ouerwhelmed with the weight of warre being beaten home to the very gates of their citie And had not Chocles by a miracle of manhood susteined the shock of the enemies whilest a bridge was broken behind him the towne had bene entred and their state ruined And wheras you attribute the inlargement of the empire which happened many ages after to this expelling of their kings you might as well haue saide that the rebellion against king Iohn was the cause of the victories which wee haue since had in France I haue before declared that the state of the Romanes vnder their consulls was popular rather
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
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
chaunge which twice hath happened in the whole race of the kings of France I haue spoken before you seeme also either to threaten or presage the third chaunge from the king who now raigneth and other Princes of the house of Burbon It was your desire you applyed your endeuour with all the power and perswasions you could make You knit diuers of the Nobilitie in a trecherous league against him you incensed the people you drew in forren forces to theyr assistance by which meanes the Realme fell daily into chaunge of distresse the men of armes making all things lawfull to their lust The good did feare the euill expect no place was free eyther from the rage or suspition of tumult fewe to bee trusted none assured all things in commixtion the wisest too weake the strongest too simple to auoyde the storme which brake vpon them the people ioyning to their miserable condition many complaints that they had bene abused by you in whose directions they founde nothing but obstinacie and rashnesse two daungerous humours to leade a great enterprise At the last when lamentable experience had made that knowne vnto them which they had no capacitie by reason to foresee they expelled as well your company as counsell out of the Realme and so the firebrands which you had kindled were broken vpon your owne heads hauing opportunitie by your iust banishment to enter into conscience both of the weakenesse and wrong of your aduice The partition of the Realme of France between Charles the great and Carlomon his younger brother and also the vniting thereof againe in Charles after the death of Carloman depended vpon the disposition of Pepin their father and not vpon the election of the people Girard saith that Pepin hauing disposed all things in his new Realme which hee thought necessarie for the suretie thereof hee disposed his estate leauing the Realme of Noion to his sonne Charles and to Carloman his other sonne that of Soissons that by the death of Carloman both his place and his power did accrue vnto Charles In this manner the first of a family who hath attained a kingdome hath ordinarilye directed the succession thereof The contention betweene Lewis le debonaire and his sonnes according to your owne Author Girard proceeded and succeeded after this manner Certaine Lords of France taking discontentment at the immoderate fauours which the king shewed toward Berard his great Chamberlaine conspired against him and for their greater both countenance and strength drew his owne sonnes to bee of their faction But Lewis brake this broile more by foresight then by force and doing execution vpon the principall offenders pardoned his sonnes Yet they interpreting this lenitie to slacknes of courage rebelled againe gathered a greater strength drew Pope Gregorie the fourth to bee a complice of their vnnaturall impietie whereby it appeareth saith Girard that they are either foolish or mischieuous who wil affirm that euery thing is good which the Popes haue done Afterward they tooke their father vnder colour of good faith and sent him prisoner to Tortone then at Compeigne assembled a Parliament composed of their owne confederates wherin they made him a Monke brought his estate into diuision share It is easie to coniecture saith the same Girard what miserable conditions the Realme then endured all lawes were subuerted all things exposed to the rage of the sworde the whole realme in combustion and the people extreamely discontented at this barbarous impietie In the ende Lewes by the aide of his faithfull seruants was taken out of prison and restored to his kingdome and his sonnes acknowledging their faulte were receiued by him both to pardon and fauour His sonne Pepin being dead he diuided his Realme among his other three sonnes Charles Lewes and Lothaire but Lewes rebelled againe and was again receiued to mercie lastly hee stirred a great part of Germanie to reuolt with griefe whereof the good olde man his Father died After his death Lewes and Lothaire vpon disdaine at the great portion which their Father had assigned to their brother Charles raised warre against him The battaile was giuen wherein Charles remained victorious reducing them both vnder such conditions as hee thought conuenient to impose Loe heere one of your plaine and euident examples which is so free from all exception But mindes corruptly inclined holde nothing vnlawfull nothing vnreasonable which agreeth with their passion Loys le Begue succeded after Charles not as you affirme by authoritie of the states but as in France at that time it was not vnusuall by appointment of his father And wheras you write that Loys at his first entrance had like to haue bin depriued by the states but that calling a Parlament he made thē many faire promises to haue their good will it is a very idle vntruth as appeareth by the Author whō you auouch At his death he left his wife great with childe who afterward was called Charles the simple But before he had accomplished the age of 12. yeares there stept vp in his place first Loys and Carloman his bastard brothers then Charles surnamed le Gros and after him Odo Earle of Paris Then Charles the right heire attained the Crowne and then againe were raised against him first Robert Earle of Angiers and afterward Ralph king of Burgūdie But where you attribute these mutations to the authoritie of the states Girard saith that they were by faction vsurpation of such who frō the weaknes of their Prince did make aduantage to their owne ambition affirming plainly that betweene the death of Loys le Begue Charles the simple not one of them who held the crowne of the Realme was lawfull king noting further that the first two races of Kings were full of cruel parricides murthers that in those times the Realme was oftē trauelled with tempests of seditiō Of the vsurpation of Hugh Capet I haue spoken before Girard writeth that althogh he sought many shadowes of right yet his best title was by force which is the cōmō right of first vsurpers And wheras you write that Henry the first was preferred to the crowne of France before Robert his elder brother First it was not by appointment of the states but of their father Secondly Girard maketh the matter doubtfull affirming that some said he was the younger brother Lastly it set vp a dangerous and doubtfull warre betweene them Further where you write that William being a bastarde succeeded Robert his Father in the Duchie of Normandie notwithstanding the saide Robert left two brothers in life it was at that time a custome in France that bastards did succeed euen as lawfull children Thierry bastard of Clouis had for his partage the kingdome of Austrasie now called Lorraine Sigisbert bastard of king Dagobert the first parted with Clouis the twelfth his lawfull brother Loys and Carloman bastards of king Loys le Begue raigned after their Father But in the third race of the kings
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
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
make shew of care to preâ—erue the state but you are like the Iuy which â—eemeth outwardly both to imbrace and adorne the wall whereinto inwardly it doth both eate vndermine For what meanes either more readie or forceable to ouerthrow a state then faction and intestine quarels and what other milke doe you yeelde what are your opinions what your exhortations but either to set or to holde vp sedition and bloodshead Saint Paule teacheth vs not to resist higher powers although both cruel and prophane you teach vs to resist them what we can the Apostle is followed of al the auntient Fathers of the church you are followed of those only who follow the Anabaptists For my part I had rather erre with the Apostle in this opposition then holde truth with you But I will speake more moderately in a subiect of such nature I wil not say theÌ„ that I had rather erre but that I shall lesse feare to erre in not resisting with the Apostle theÌ„ in resisting with you New councels are alwaies more plausible then safe After you haue plaide the Suffenus with your selfe in setting the garland vpon your owne head and making your imaginarie audience to applaude your opinion as worshipfully wise you proceede to declare what ought chiefly â—o be regarded in furthering or hindering any Prince towards the Crowne Three points you say are to bee required in euerie Prince religion chiualrie and iustice and putting aside the two last as both handled by others and of least importance you assume onely to treate of religion wherein eyther errour or want doth bring inestimable damage to any state You drawe along discourse that the highest end of euery Common-wealth is the seruice worship of God and consequently that the care of religion is the principall charge which pertaineth to a King And therfore you conclude that whatsoeuer prince doth not assist his subiects to attaine this ende omitteth the chief part of his charge committeth high treason against his Lord and is not fit to holde that dignitie though he performe the other two partes neuer so well And that no cause can to iustly cleare the conscience whether of the people or of particular men in resisting the entrance of any Prince as if they iudge him faultie in religion This is neither nothing nor all which you say In electiue states the people ought not to admit any man for King who is eyther colde or corrupt in religion but if they haue admitted such a one with soueraigne authoritie they haue no power at pleasure to remoue him In successiue kingdomes wherein the people haue no right of election it is not lawfull for priuate men vpon this cause to offer to impeach either the entraÌ„ce or coÌ„tinuance of that king which the lawes of the State do present vnto them not only because it is forbidden of God for that is the least part of your regard but because disorderly disturbance of a setled forme in gouernment traineth after it more both impieties and dangers then hath euer ensued the imperfections of a king I will come more close to the point in controuersie and dispell these foggie reasons which stand betweene your eye and the truth There are two principall parts of the lawe of God the one morall or natural which containeth three points sobrietie in our selues iustice towards others and generally also reuerence and pietie towards God the other is supernaturall which containeth the true faith of the mysteries of our saluation and the speciall kind of worship that God doth require The first God hath deliuered by the ministrie of nature to all men the second he doth partly reueale partly enspire to whoÌ„ he please and therefore although most nations haue in some sort obserued the one yet haue they not only erred but failed in the other During the time of the lawe this peculiar worship of God was appropriate only to the people of Israel in a corner kingdome of the world the flourishing Empires of the Assirians Medes Persians AegyptiaÌ„s Graecians Syrians and Romans eyther knew it not or held it in contempt The Israelites were almost alwaies in subiection vnder these both Heathen tyrannicall gouernments yet God by his Prophets enioyned them obedience affirming that the hearts of kings were in his hands that they were the officers of his iustice the executioners of his decrees In the time of grace the true mysteries both of worship and beliefe were imparted also to other nations but the ordinarie meanes to propagate the same was neither by policie nor by power When S. Peter offered prouident counsell as hee thought vnto Christ aduising him to haue care of himselfe and not to go to Hierusalem where the Iewes sought to put him to death Christ did sharply reproue him for it when he did drawe his sword and therwith also drew bloud in defence of Christ hee heard this sentence They that take the sworde shall perish with the sworde Christ armed his Apostles onely with firie tongues by force whereof they maintained the fielde against all the stratagems and strength in the world And when Princes did not onely reiect but persecute their doctrine they taught their subiects obedience vnto them they did both encounter and ouercome them not by resisting but by persisting and enduring This course seemeth straunge to the discourse of of reason to plant religion vnder the obedience of kings not only carelesse therof but cruell against it but when we consider that the Iewes did commonly forsake God in prosperitie and seeke him in distresse that the Church of Christ was more pure more zealous more entire I might also say more populous when shee trauelled with the storme in her face then when the winde was eyther prosperous or calme that as S. Augustine saith Want or weakenesse of faith is vsually chastised with the scourges of tribulatioÌ„s We may learne thereby no further to examine but to admire and embrace the vnsearchable wisedome and will of God Seeing therefore that this is appointed the ordinarie meanes both to establish and encrease religioÌ„ may we aduenture to exchange it with humane deuices Is it the seruants dutie eyther to contradict or dispute the maisters commaundement is there any more readie way to proue an heretike then in being a curious questionist with God is hee bounde to yeelde to any man a reason of his will It is more then presumption it is plaine rebellioÌ„ to oppose our reason against his order against his decree It standeth also vpon common rules That which is contrary to the nature of a thing doth not helpe to strengthen but to destroy it It is foolish to adde externall stay to that which is sufficient to support it selfe It is sencelesse to attempt that by force which no force is able to effect That which hath a proper rule must not be directed by any other And this was both the profession and practise of the auntient Fathers of the
he doth not condition or restraine himselfe but maketh an honorable promise of indeuour to discharge his dutie being tyed thereby to no sâ—anter scope then he was before The reason hereof is Quia expressio eius quod tacitè inest nihil operatur The expressing of that which is secretly vnderstood worketh nothing Againe when the promise is not annexed to the authoritie but voluntarily and freely made by the Prince his estate is not thereby made conditionall For the interpreters of the Ciuill lawe do consent in this rule Pacta conuenta quae contractibus non insunt non formant actionem Couenants which are not inherent in contracts do not forme an action And therefore although by all lawes both of conscience and state a Prince is bound to performe his promise because as the Maister of sentences saith God himself will stand obliged to his word yet is not the authoritie but the person of the Prince hereby affected the person is both tyed and touched in honour the authoritie ceasseth not if performances do faile Of this sort was that which you report of Traian who in deliuering the sword to his gouernors would say If I raigne iustly then vse it for me if otherwise then vse it against me but where you adde that these are the very same words in effect which Princes do vse at their coronations pardon me for it is fit I should be mooued you will find it to bee a very base 〈◊〉 lye Of this nature was that also which the same Traian did to encourage his subiects to do the like in taking an oath to obserue the lawes which Pliny the younger did account so strange as the like before had not bene seene But afterward Theodoric did follow that fact whereupon Cassiodorus saith Ecce Traiani nostri clarum seculis reparamus exemplum iurat vobis per quem iuratis We repaire the famous example of Traian he sweareth to you by whome you sweare So when king Henry the fifth was accepted for successour to the crowne of Fraunce he made promise to maintaine the Parliament in the liberties thereof And likewise diuers Princes do giue their faith to mainetaine the priuiledges of the Church and not to change the lawes of the Realme which oath is interpreted by Baldus Panormitane and Alexander to extend no further then when the lawes shall be both profitable and iust because Iustice and the common benefit of subiects is the principal point both of the oath and dutie of a Prince whereto all other clauses must be referred And now to your examples First because in all the ranke of the Hebrew kings you cannot find either condition or oath not in the auncient Empires and kingdomes of the world not vsually in the â—lourishing time of the Romaine state both vnder heathen and christian Emperors because these times are too pure for your purpose you fumble foorth a dull coniecture That forsomuch as the first kings were elected by the people it is like that they did it vpon conditions and assurances for themselues That the first kings receiued not their authoritie from the people I haue manifested before and yet your inference hereupon is no other then if you should sue in some Court for a legacie alleadging nothing for your intent but that it is like the Testator shold leaue you something in which case it is like I suppose that your plea wold be answered with a silent scorne After a few loose speeches which no man would stoupe to gather together you bring in the example of Anastasius the first Emperour of Constantinople of whom the Patriarch Euphemius required before his coronation a confessioÌ„ of the faith in writing wherin he should promise to innouate nothing And further he promised to take away certaine oppressions and to giue offices without mony Let vs take things as they are and not speake vpon idle imagination but agreeable to sence what either condition or restraint do you find in these words Condition they do not forme because in case of failance they do not make the authoritie void neither do they make restraint because they containe no point whereunto the lawe of God did not restraine him All this he was bound to performe without an oath and if he were a thousand times sworne he was no more but bound to perform it eueÌ„ as if a father should giue his word to cloath and feede his child or the husband to loue his wife or any man to discharge that dutie which God and Nature doth require It is true that Anastasius was both a wicked man and iustly punished by God for the breach of his faith but his subiects did neuer challenge to be free therefore from their alleageance The same aunswere may be giuen to the promise which Michael the first gaue to Nicephorus the Patriarch That he would not violate the Ordinances of the Church nor embrue his hands with innocent bloud especially if you take the word Ordinances for matters necessarie to be beleeued but if you take it in a larger sence then haue I also declared in the beginning of this chapter how farre the promise doth extend Your next example is of the Empire of Almaine from whence all that you obiect doth fall within this circle After the death of Charles the Great the empire was held by right of succession vntill his line was determined in Conrade the first After whose death it became came electiue first in Henry duke of Saxony then in Otho his son and afterwards in the rest from whom notwithstanding no other promise was wrested but the discharge of that dutie which they were enformed or rather threatned that God wold seuerely exact at their hands But as in all electiue States it vsually hapneth at euery new change and choise the Emperor was deplumed of some of his feathers vntill in the end he was made naked of authoritie the Princes hauing drawne all power to themselues So by degrees the Empire was changed from a Monarchie to a pure aristocracie the Emperour bearing the title thereof but the maiestie and puissance remaining in the States During which weaknesse of the Emperour some points were added to his oath which seemed to derogate from the soueraigntie of his estate But what is this to those Princes who haue retained their dignitie without any diminution either of authoritie or of honour The like may be said of Polonia which not many hundred yeares since was erected into a kingdome and although the States did challenge therein a right of election yet did it alwaies passe according to propinquitie of bloud and was esteemed a soueraigne Monarchie vntill after the death of Casimire the Great when Lodonicus his Nephew King of Hungarie rather greedie then desirous to be king also of Polonia did much abase the Maiestie thereof Yet falling aâ—terward into the line of Iagello who maried one of the daughters of Lodowicke it recouered the auncient both dignitie and strength But when