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A91487 Severall speeches delivered at a conference concerning the power of Parliament, to proeeed [sic] against their King for misgovernment. In which is stated: I. That government by blood is not by law of nature, or divine, but only by humane and positive laws of every particular common-wealth, and may upon just causes be altered. II. The particular forme of monarchies and kingdomes, and the different laws whereby they are to be obtained, holden and governed ... III. The great reverence and respect due to kings, ... IV. The lawfulnesse of proceeding against princes: ... V. The coronation of princes, ... VI. What is due to onely succession by birth, and what interest or right an heire apparent hath to the crown, ... VII. How the next in succession by propinquity of blood, have often times been put back by the common-wealth, ... VIII. Divers other examples out of the states of France and England, for proofe that the next in blood are sometimes put back from succession, ... IX. What are the principall points which a common-wealth ought to respect in admitting or excluding their king, wherein is handled largely also of the diversity of religions, and other such causes. Parsons, Robert, 1546-1610, attributed name. 1648 (1648) Wing P573; Thomason E521_1; ESTC R203152 104,974 80

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truly nor the example of one Princes punishment maketh another to beware for the next successour after this noble Edward which was King Richard the second though he were not his son but his sons son to wit son and heire to the excellent and renowned black Prince of Wales this Richard I say forgetting the miserable end of his great Grandfather for evill government as also the felicity and vertue of his Father and Grandfather for the contrary suffered himselfe to be abused and misled by evill councellours to the great hurt and disquietnesse of the Realme For which cause after he had reigned 22. yeares he was deposed by act of Parliament holden in London the yeare of our Lord 1399. and condemned to perpetuall prison in the Castle of Pomfret Polyd. l. 20. hist Aug. 1399. where he was soon after put to death also and used as the other before had been and in this mans place by free election was chosen for King the noble Knight Henry Duke of Lancaster who proved afterwards a notable King and was father to King Henry the fifth sirnamed commonly the Alexander of England for that as Alexander the great conquered the most part of Asia in the space of 9. or 10. yeares so did this Henry conquer France in lesse then the like time I might reckon also this number of Princes deposed for defect in government though otherwise he were no evill man in life this King Henry the fourths nephew I mean King Henry the sixt who after almost forty yeares reigne was deposed imprisoned and put to death Polyd. l. 23. ●istor Anglie together with his sonne the Prince of Wales by Edward the fourth of the house of Yorke and the same was confirmed by the Commons and especially by the people 〈◊〉 London and afterwards also by publicke Act of Parliament in respect not only of the title which King Edward pretended but also and especially for that King Henry did suffer himselfe to bee overruled by the Queen his wife and had broke the articles of agreement made by the Parliament between him and the Duke of Yorke and solemnly sworne on both sides the 8. of Octob. in the yeare 1459. In punishment whereof and of his other negligent and evill government though for his owne particular life he was a good man sentence was given against him partly by force and partly by law and King Edward the fourth was put in his place who was no evill King and all English men well know but one of the renownedst for martiall acts and justice that hath worne the English Crowne But after this man againe there fell another accident much more notorious which was that Richard Duke of Glocester this King Edwards yonger brother did put to death his two nephews this mans children to wit King Edward the fifth and his little brother and made himselfe King and albeit he sinned grievously by taking upon him the. Crown in this wicked manner yet when his nephews were once dead he might in reason seem to be lawfull King both in respect that he was the next male in blood after his said brother as also for that by divers acts of Parliament both before and after the death of those infants his title was authorised and made good and yet no man wil say I think but that he was lawfully also deposed again afterward by the Commonwealth An. 1487. which called out of France Henry Earle of Richmond to chastise him and to put him downe and so he did and tooke from him both life and Kingdome in the field and was King himselfe after him by the name of King Henry the seventh and no man I suppose will say but that he was lawfully King also which yet cannot be except the other might lawfully be deposed I would have you consider in all these mutations what men commonly have succeeded in the places of such as have been deposed as namely in England in the place of those five Kings before named that were deprived to wit John Edward the second Richard the second Henry the sixt and Richard the third there have succeeded the three Henries to wit the third fourth and seventh and two Edwards the third and fourth all most rare and valiant Princes who have done infinit important acts in their Commonwealths and among other have raised many houses to Nobility put downe others changed states both abroad and at home distributed Ecclesiasticall dignities altered the course of discent in the blood Royall and the like all which was unjust is void at this day if the changes and deprivations of the former Princes could not be made and consequently none of these that doe pretend the Crowne of England at this day can have any title at all for that from those men they descend who were put up in place of the deprived And this may be sufficient for proofe of these two principall points that lawfull Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment and that God hath allowed and assisted the same with good successe unto the Weal-publique and if this be so or might be so in Kings lawfully set in possession then much more hath the said Commonwealth power and authority to alter the succession of such as doe but yet pretend to that dignity if there be due reason and causes for the same The fourth Speech TRuly Sir I cannot deny but the examples are many that this Gentleman hath alleaged and they seeme to prove sufficiently that which you affirmed at the beginning to wit that the Princes by you named were deprived and put downe by their Common-wealths for their evill government And good successors commonly raised up in their places and that the Common-wealth had authority also to doe it I doe not greatly doubt at leastwise they did it de facto and now to call these facts in question were to embroyle and turne up-side-down all the States of Christendome as you have well signified but yet for that you have added this word lawfully so many times in the course of your narration I would you tooke the paines to tell us also by what Law they did the same seeing that Belloy whom you have named before and some other of his opinion doe affirme Belloy apolog catholic part 2. paragraf 9. apol pro rege cap. 9. That albeit by nature the Common-wealth have authority over the Prince to chuse and appoint him at the beginning as you have well proved out of Aristotle and other wayes yet having once made him and given up all their authority unto him he is now no more subject to their correction or restraint but remaineth absolute of himselfe without respect to any but onely to God alone which they prove by the example of every particular man that hath authority to make his Master or Prince of his inferiour but not afterwards to put him downe againe or to deprive him of the authority which he gave him though he should not beare himselfe well and
England had two K. Henries living at one time with equall authority and this was done in the 16. year of his Reign and in the year of our Lord 1170 but his device had no good successe for that K. Henry the younger made war soone after upon K. Henry the elder and had both the Kings of France and Scotland and many Nobles of England and Normandy to take his part for which cause it is thought that this thing hath never been put in practise again since that time in England but yet hereby it is evident what the opinion of the world was in those daies of the force of Coronation and admission of the Common-wealth and how little propinquity of bloud prevaileth without that The Seaventh Speech I Should begin with the Grecian Kings it were infinite that might be alleadged and perhaps some man would say they were over old and far fetched examples and cannot be presidents to us in these ages and if I lay before you the examples of Roman Kings and Emperours put in and out against the Law aed Rights of succession the same men perhaps will answer that it was by force and injury of mutinons souldiers whereunto that Common-wealth was greatly subject And if I sh●uld bring forth any presidents and examples of holy Scripturs some other might chance to reply that this was by particuler priviledge wherein God Almighty would deale and dispose of things against the ordinary course of mans law as best liked himselfe whose will is more then Law and whose actions are right it selfe for that he is Lord of all and to be limitted by no rule or law of man but yet that this is not properly the Act of a Common-Welth Thus I say it may be that some man would reply and therefore having store enough of plain and evident matter which hath no exception for that it hath happened in setled Common-Wealths and those near home where the law of succession is received and established to wit in Spayne France and England I shall retyre my selfe to them alone but yet putting you in mind before I passe any further that it is a matter much to be marked how God dealt in this point with the people of Israel at the begining 1. Règ. 8. after he had granted to them that they should have the same government of Kings that other Nations round about them had whose Kings did ordinarily reigne by succession as ours do at this day and as all the Kings of the Jewes did afterwards and yet this notwithstanding God at the beginning at the very entrance of their first Kings would shew plainly that this Law of succeeding of the one the other by birth and propinquity of blood though for the most part it should prevaile yet that it was not so precisely necessary but that upon just causes it might be altered For proofe whereof we are to consider that albeit he made Saul a true and lawfull King over the Iewes and consequent also gave him all Kingly priviledges benefits and prerogatives belonging to that degree and state whereof one principal as you know is to have his Children succeed after him in the Crowne yet after his death God suffered not any one of his generation to succeed him though he left behinde him many Children and among others Isboseth a Prince of 40. Yeares of age 2. Reg. 1. and 21. whom Abner the generall captain of that nation with eleaven tribes followed for a time as their lawfull Lord and master by succession untill God cheked them for it and induced them to reiect him though heire apparent by discent and to cleave to David newly elected King who was a stranger by Birth and no King at all to the King deceased And if you say here that this was for the sinne of Saul whom God had reiected I do confesse it but yet this is nothing against our purpose for that we pretend not that a Prince that is next in blood can iustly be put back except it be for his own defects or those of his ancestors And more over I would have you consider that by this it is evident that the fault of the father may prejudicate the sonnes right to the Crowne albeit the sonne hath no part in the fault as we may see in this example not only of Ishboseth that was punished and deprived for the offence of Saul his Father notwithstanding he had been proclaimed King as hath been said but also of Ionathus Saules other sonne who so good a man and so much praised in holy Scripture and yet he being slaine in Warr and leaving a sonne named Mephiboseth he was put back also 2. Reg. 5. though by nearenesse of blood he had great interest in the succession and much before David But David being placed in the Crowne by election free consent and admission of the people of Israell as the Scripture plainly testifieth though by motion and direction of God himself we must confesse 2. Reg. 2 and 5. and no man I think will deny but that he had given unto him therewith all Kingly priviledges prehemiences and regali●ies even in the highest degree as was conveniene to such a state and among other the Scripture expresly nameth that in particuler it was assured him by God that his seed should reigne after him yea and that for eve● Psal 131. 2. Paral. 6. but yet we do not find this to be performed to any of his elder sonnes as by order of succession it should seeme to appertain no nor to any of their of spring or discents but only to Solomon which was his younger and tenth sonne and the fourth only by Barsabe True it is that the Scripture recounteth how Adonias Davids elder sonne that was of rare beauty a very goodly young Prince seeing his Father now very ould and impotent and to lie on his death bed and himselfe heire apparent by antiquitie of blood after the death of Absalon his elder brother that was slain before he had determined to have proclaimed himselfe heir apparent in Ierusalem before his Father died 1. Reg. 1. and for that purpose had ordained a great assembly and banquet had called unto it both the high priest Abiather and diverse of the Cleargie as also the generall Captaine of all the army of Israell named Ioah with other of the Nobillity and with them all the rest of his bretheren that were sonnes to King David saving only Solomon togeather with many other Princes and great men both spirituall and temporall of that estate and had prepared for them a great feast meaning that very day to proclaime himselfe heire apparent to the Crowne and to be Crowned as indeed by succession of blood it appertained unto him and this he attempted so much the rather by councell of his friends for that he saw the King his Father very ould and impotent and ready to die and had taken no order at all for his successor and moreover Adonias had understood how that Bersabe Solomons Mother
crown of whose election Morales writeth these words Muerto el Rey Don Alonso el casto fue eligido por los perlados grandes del reyno l Rey Don Ramiro primero deste nombre hyo del Rey Don vermudo el diacono Mor. c. 11. That is the K. Don Alonso the chaste being dead there was chosen K. by the Prelats Nobility of the Realm Don Ramiro the first of this name Son of K Vermudo the Deacon who resigned his crown to Don Alonso and it is to be noted th●t albeit this Don Ram●ro was next in bloud to the succession after the death of his uncle Don Alonso without children yet was hee chosen by the States as here it is said in expresse words Moreover it is to be noted that albeit this Author Ambrosio Morales other Spanish Writers do say that in the time of this K Ramiro the law of succession by propinquity in blond was so revived strongly confirmed that as the kingdom of Spain was made as Majorasgo as he termeth it which is an inheritance so intailed and tyed only to the next bloud as there is no possibility ●o alter the same and that from this time forward the King always caused his eldest Son to be named King or Prince so ever to be sworn by the Realm and Nobility yet shall we find this Ordinance and succession oftentimes to have been broken upon severall considerations as this Author himself in that very chapter confesseth As for example after four discents from this man which were Don Ordonio the 1. this mans Son and Don Alonso the 3. Don Garzia and Don Ordonio the second all four Kings by orderly succession it hapned that in the yeer of Christ 924. Don Ordonio the second dying left four Sons and one daughter lawfully begotten and yet the State of Spain displaced them all and gave the kingdom to their Uncle Don Fruela second brother to their Father Don Ordonio and Morales saith Mor. l. 16. cap. 1. an 924. ●hat there appeareth no other reason hereof but only for that these Sons of the King deceased were young and not so apt to govern well the Realm as their uncle was But after a yeers Reign this King Fruela dyed also left divers children at mans estate then did the Spaniards as much against them as they had done for him before against the children of his elder brother For they put them all by the crown and chose for their King Don Alonso the 4 which was eldest Son to Don Ordonio the 2. be●ore named that had been last King saving one and this man also I mean Don Alonso the 4 leaving afterward his Kingdom betaking himself to a religious habit offered to the Common●welth of Spain his eldest Son lawfully begotten named Don Ordonio to be their King but they refused him and tooke his Brother I meane this Kings Brother Uncle to the young Prince named Don Ramiro Moral lib. 19. cap. 20. An. 930. who reigned 19 yeers was a most excellent King gained Madrid from the Moors though noted of cruelty for imprisoning and pulling out the eyes afterward of this King Don Alonso the 4. and all his children nephewes for that hee would have left his habit returned to be King again But this fact my au●hor Morales excuseth saying that it was requisit for pcace safety of the Realm so as here you see two manifest alterations of lineal succession together by order of the Common-welth Furthermore after this noble King Don Ramiro the 2. succeeded as heire apparent to the Crown his elder Son Don Ordonio the 3. of his name in the yeer of our Savior 950. but this succession endured no longer then unto his own death which was after 7 yeers for then albeit he left a Son named el enfante Don Vermudo yet he was not admitted but rather his brother Don Sancho the first of his name surnamed el Gordo who was Uncle to the young Prince and the reason of this alteration Morales giveth in these words el succeder en el regno al hermano fue por la racon ordinaria de ser el enfante Don Vermudo nino y no bastante para ●l goviernoy difenca de la terra Mor. l. 16. c. 29. An. 950. which is the cause why the Kings brother not his Son succeeded in the Crown was for the ordinary reason so often before alledged for that the Infant or young Prince Vermudo was a litle child not sufficient for Government and defence of the Country Truth it is that after this Don Sancho had reigned his son heir named Don Ramiro the 3. after him for the space of 30. yeers in all Mor. l. 17. c. 1 2 3 4. Then was this youth Don Vermudo that is now put back called by the relm to the succession of the Crown made King by the name of King Vermudo the 2. who left after him Don Alonso the 5. he again his Son Don Vermudo the 3. who marying his sister Dona Sancha that was his heir unto Don Fernando first Earle then King of Castile who was second Son to Don Sancho Mayor K ing of Navarras before hath been said he j●yned by these means the Kingdoms of Leon Castile together which were separate before so ended the line of Don Pelayo first Christ●n King of Spain after the entrance of the Moors which had endured now 300. yeers the bloud of Navar entred as you see so continued therein untill the entrance of ●●ose of Au●tria as before hath been said which was almost 500. yeers together And thus much I thought good to note out of the stories of Spain for this first discent of the Spanish Kings after the entrance of the Moors neither mean I to passe much further both for that it would be over long as also for that mine Author Morales who is the most diligent that hath written the Chronicles of that Nation endeth here his story with King Vermudo the 3. last of the Gotish bloud Notwithstanding if I would go on further there would not want divers evident examples also to the same purpose which Stephen Garabay another Chronicler of Spain doth touch in the continuation of this story weereof for examples sake only I will name 2 or 3 among the rest And first about the yeer of Christ 1021. there was a marriage made by K Iohn of England for Dona Blancha his Neece that is to say the daughter of his sister Dame El●nor of Don Alonso the 9. of that name King Queen of Spain which Blancha was to marry the Prince of France named Luis son heir to K. Philip surnamed Augustus which Luis was afterward K. of France by the name of Luis the 8. was Father to Luis the 9. surnamed the Saint Car. lib. 11. c. 12. This Lady Blancha was Neece as I have said unto K. Iohn to K. Richard the ● of England for
that her Mother Lady Elenor was their sister daughter to K. Henry the 2. and K. Iohn made this mariage therby to make peace with the French was content to give for her dowry for that he could not tell how to recover them again all those Townes Countries which the said K. Phil. had taken upon the English by this Kings evill Government in Normandy Gascoyn and moreover promise was made that if P. Henry of Spain that was the only brother to the said Lady Blanch should dye without issue as after he did then this Lady should succeed in the Crown of Spain also but yet afterward the State of Spain would not perform this but rather admitted her younger sister Dona Berenguela maryed to the Prince of Leon and excluded both Blanch her son the King S Luis of France against the evident right of succession propinquity of bloud the only reason they yeelded hereof was not to admit strangers to the Crown as Garabay testifieth This hapned then I do note by the way that this Dona Berenguela second daughter of Q. Elenor the English woman was maried as hath bin said to the Prince of Leon had by him Don Fernando the 3. of that name K of Castilia surnamed also the Saint so as the two daughters of an English Queen had two Kings Saints for their Sons at one time the elder of France the yonger of Spain After this again about 60 yeers the Prince of Spain named Don Alonso surnamed de la cerda for that he was borne with a great gristle haire on his breast called cerda in Spanish which Don Alonso was Nephew ●o the King Fernando the Saint marryed with the daughter of S. Lewis K. of France named also Blancha as her grand mother was had by her two sons called Alonso Hernando de la cerda as the Prince their Father was named which Father of theirs dying before the King the Grand father left them commended to the Realm as lawful heire apparent to the crowne yet for that a certain Uncle of theirs named Don Sa●cho younger brother to their father which Don Sancho was surnamed afterward el brav● for his valour and was a great Warrier and more like to manage wel the matters of war then they he was made heir apparent of Spain add hey putb●ck in their Grandfa●hers time and by his and the Realms consent their Father as I have said being dead and this was done at a generall Parliament holden at Segovia in the yeer 1276. and after this Don Sancho was made King in the yeer 1284 the two Princes put into prison but afterward at the suit of their Uncle King Philip the 3 of France they were let out again endued with certain lands so they remain unto this day and of these do come the Dukes of Medina Celi all the rest of the hou●e of Cerda which are of much Nobility in Spain at this time K. Philip that reigneth cometh of Don Sancho the yonger Brother Not long after this again when Don Pedro surnamed the cruel King of Castile was driven cut his bastard brother H 2. set up in his place the Duke of Lancaster John of Gant Gar. l. 15. c. 1. an 1363. having maried Dona Constantia the said King Padroes daughter and heir pretended by succession the said● Crowne of Castile as indeed it appert●ined unto him but yet the State of Spain denyed it flatly and defended it by arms they prevailed against John of Gant as did also the race of H the B●stard against his lawfull brother the race of Don Sancho the uncle against his lawfull nephews that of Dona Berenguela against her elder sister all which races do reign unto this day these three changes of the true line hapned within two ages and in the third and principall discent of the Spanish Kings when this matter of suceession was most assuredly perfectly established yet who will deny but that the Kings of Spain who hold by the latter titles at this day be true lawfull Kings Well one example will I give you more out of the kingdom of Portugal so will I make an end with there countries This king Henry the bastard last named 〈◊〉 Spain had a son that succeeded him in the crown of Spain named Iohn the 1 who marryed the daughter he●r named Dona Beatrix of k Fernando the 1. of Portugal but yet after the death of the said k. Fernando the States of Portugall would never agree to admit him for their King for not subjecting themselvs by that means to the Castilians for that cause they rather took for their king a bastard brother of the said late k. Don Fernando whose name was Dondulan a youth of 20 yeers old who had bin Master of a military order in Portugal named de Avis so they excluded Dona Be●tr●x Q. of Cast l. that was their lawfull heire chose this young man marryed him afterwards to the Lady Philip da●ghter of Iohn of Gaunt D. of Lancaster by h●s first wife Blanch Duches heir of Lancaster in whose right the kings of Portugall their discendents do pretend unto this day a certain interest to the house of Lancaster Hereby we see what an ordinary matter in hath been in Spain Portugall to alter the line of next succession upon any reasonable consideration which they imagned to be for their weal publike and the like we shall find in France and England The eighth Speech AS concerning the state of France although since the entrance of their first king Pharaniond with his Franks out of Germany which was about ●he yeere of Christ 419. they have never had any stranger come to wear their crown which they attribute to their law Salike that forbiddeth women to reign ye among themselves have they changed twise their whole race linage of kings once in the entrance of k. Pepin that put out the line of Pharamond about the yeer 751. again in the promotion of k. Hugo Capetus that put out the line of Pepin in the yeer 983. so as they have had 3 discents races of Kings as well as the Spaniards the first of Pharamond the 2. of Pepin and the 3. of Capetus which endureth to this present if it be not altered now by the exclusion that divers pretend to make of the King of Navar and other Princes of the bloud Royall of the house of Burbon I will here set p●sse the first rank of all of the French Kings for that some men say perhaps that the common wealth and law of succession was not so well setled in those days as it hath been afterward in time of k. Pepin Charles the great and their discendanta● as also for that it were in very deed over edious to examine and peruse all three ranks or kings in France as you will say when you shall see what store I have
of King Etheldred untill the possession thereof gotten by William Duke of Normandy to wit for the space of 50 yeers shall easily see what Authority the Common-wealth hath in such Affaires to al●er Titles of Snccession according as publique necessity or utility shall require for thus briefly the matter passed King E●●ldred seeing himself to weak for Sweno the King of Danes that was entred the Land fled with his wife Emma and her two children Edward and Alerud unto her brother Duke Richard of Normandy and there remained untill the death of Sweno And he being dead Etheldred returned into England made a certain agreement and division of the Realme between him and Canutus the Son of Sweno and so dyed leaving his eldest sonne Edmond Iron-side to succeed him who soone after dying also left the whole Realm to the said Canutus and that by plain covenant as Canutus pretended that the longest liver should have all Whereupon the said Canutus took the two children of King Edmond Iron-side named Edmond and Edward and sent them over into Swethland which at that time was also subject unto him And caused them to be brought up honourably of which two the elder named Edmond dyed without issue but Edward was marryed and had divers children Eth●ldred and his Son Edmond being dead Canutus the Dane was admitted for King of England by the whole Parl●ament and consent of the Realm anno 1018. and crowned by Alerud Archbishop of Canterbury as Polidor saith and he proved an excellent King and went to Rome and was allowed by that See also He did many works of charity shewed himself a good Christian and very loving and kind to Englishmen marryed Queene Emma an English woman and mother to King Edward the Confessour and had by her a Son named Hardicanutus and so dyed and was much mourned by the English after he had reigned twenty yeers though his entrance and title was partly by force and partly by election as you have heard After this Canutus the first surnamed the Great for that he was King joyntly both of England Norway and Denmark was dead Polidor saith that all the States of the Realm met together at Oxford ●o consult whom they should make King and at last by the more part of voyces was chose Harald the first Sonne of Canutus by a Concubine King Harald the Bastatd 1038. Polid. l. 8. Hist Ang. By which election we see injury was done to the line all succession of three parties First to the Sons of king Edmond Iron-side that were in Swethland Then to the Princes Edward and Ajerud sons to king Etheldred and brothers to Iron-side that were in Normondy And thirdly to Hardie mutus son to Canutus by his lawfull wife Emma to whom it was also assured at her marriage that her issue should succeed if she had any by Canutus After the death of this Harald who dyed in Oxford where he was elected within 3 yeers after his election there came from Denmark Hardicanutus to claim the crown that his Father Brother had possessed before him of whose coming Polidor saith libentissimis animis accipitur communiqve omnium consensu rex dicitur an 1041. He was received with great good will of all and by common content made King this was done by the States without any respect had of the succession of those Princes in Normondy Swethland who by birth were before him as hath been shewed this is the second breach after lineal discent after Elthred But this Hardicanutus being dead also upon the sudden 〈◊〉 a certaine banket in Lambeth by London without issue within two yeers after his Coronation the states of the Relm had de●ermined to chuse Aludred for their king who was yonger b●other to Edw. for that cause sent for him out of Normondy as polid recounteth had made him K. without all doubt for that he was esteemed more stirring valiant then his elder brother Edw. had not E. Goodwin of Kent fearing the youngmans stomack raised a strong faction against him thereupon also caused him to be tray●eronsly murthered as he passed through Kent towards London nor had the State here in any respect to Antiquity of bloud for that before Alured were both 〈◊〉 own elder brother P. Ed. who after him was chosen King and before them both were Edm Edw. the children of their elder brother Edmond Iron 〈◊〉 and this the third breach of lineall discent But this notwithstanding Alerud being slain P. Edw. was made King tanta publica lat tia saith Polidor vt certatim pro ejus faelici principatu cuncti vota facerent that is he was made King with such universall joy contentment of all men as every man contended who should pray and make most vows to God for his happy reign and according to this was the successe for he was a most excellent Prince and almost miraculously he reigned with great peace void of all war at home abroad for the space of almost 20 yeers after so infinit broyls as had beene before him ensued after him yet his title by succession cannot be justified as you see for that his eldest brothers Son was then alive to wit Prince Edw. surnamed the outlaw who in this Kings reign came into England brought his wife three lawfull children with him to wit Edgar Margaret and Christian but yet was not this good K. Edw. so scrupulous as to give over his kingdome to any of them or to doubt of the right of his own title which he had by election of the Common-wealth against the order of succession This K. Edward being dead without issue Polidor saith that the States made a great consultation whom they should make King first of all it seemeth they excluded him that was only next by propinquity in bloud which was Edgar Aledin son to the said Prince Edw. the outlaw now departed and Nephew to K. Edmond I tonside the reason of this exclusion is alleadged by Pol. l. 8. in these words is puer id aetatis nondum regno gubernando maturus erat that is he bein● a child of so small yeers was not ripe enough to govern the kingdom and then he saith that Harald son of Earl Goodwin by a daughter of Canutus the first proclaymed himself King an 10●● morover he addeth Nond spt cuit omninoid factum populo qui plurimum spei in Haraldi virtue habehat itaque more majorum sacratus est which is this fact of Harald displeased not at all the people of England for that they had great hope in the vertue of this Harald so was he annoin●ed crowned according to the fashion of the ancient Kings of England by which words we may see that Harald had also the approbation of the Realm to be King notwithstanding that little Edgar was present as hath been said so as this was the 4. breach of succession at this time But in the mean space William Duke of Normandy
Authority they have great limitation neither can they do any thing of great moment without the consent of certain principal men called Palatines or Castellians neither may their children or next of Bloud succeed except they be chosen as in the Empire Herbert l. 9. Hist Pol. Cromerus l. 3. Hist Polon In Spain France and England the priviledges of Kings are farre more eminent in both these points for that both their Authority is much more absolute and their next in Bloud do ordinarily succeed but yet in different manner for as touching authority it seemeth that the Kings of Spain and France have greater than the King of England for that every ordination of these two Kings is Law in it selfe without further approbation of the Common-wealth which holdeth not in England where no general Law can be made without consent of Parliament but in the other point of Succession it appeareth that the restraint is farre greater in those other two Countries than in England for that in Spain the next in Bloud cannot succeed be he never so lawfully descended but by a new approbation of the Nobility and States of the Realme as it is expresly set down in the two ancient Councels of Tolledo the fourth and fifth Concil blet 4. c. 74. coneil s c. 3. In confirmation whereof we see at this day that the King of Spain's own son cannot succeed nor be called Prince except he be first sworne by the said Nobility and States in token of their new consent and so we have seen it practised in our dayes towards three or four of king Philips children which have succeeded the one after the other in the Title of Princes of Spain and at every change a new Oath required at the Subjects hands for their admission to the said Dignity which is not used in the Kings children of France or England In France the World knoweth how Women are not admitted to succeed in the Crown be they never so near in Bloud neither any of their Issue though it be Male for which cause I doubt not but you remember how King Edward the third of England though he were son and heir unto a daughter of France whose three brethren were kings and left her sole heir to her father king Philip the fourth sirnamed the Fair yet was he put by the Crown Anne 1340. Anil hist Franc. l. 2. Gerard. du Haylan l. 14. hist Franc. as also was the king of Navar at the same time who was son and heir unto this womans eldest brothers daughter named Lewis Huttin king of France which king of Nav●r thereby seemed also to be before king Edward of England but yet were they both put by it and Philip de Vallois a brothers son of Philip the fair was preferred to it by general decree of the States of France and by verdict of the whole Parliament of Paris gathered about the same affaires Franc. Belfor l. 5. c. 1. Anno 1327. Neither did it avail that the two kings aforesaid alleadged that it was against reason and conscience and custome of all Nations to exclude women from the Succession of the Crown which appertained unto them by propinquity of Bloud seeing both Nature and God hath made them capable of such Succession every where as it appeareth by example of all other Nations and in the old Testament among the people of God it selfe where we see Women have been admitted unto kingdomes by succession but all this I say prevailed not with the French as it did not also since for the admission of Dona Isabella Eugenia Clara Infanta of Spain unto the said Crown of France though by dissent of Bloud there be no question of her next propinquity for that she was the eldest childe of the king's eldest sister The like exclusion was then made against the prince of Lorain though he was a man and nephew to the king for that his Title was by a Woman to wit his mother that was younger sister unto king Henry of France And albeit the Law called Salica by the French-men by vertue whereof they pretend to exclude the Succession of Women be no very ancient Law as the French themselves do confesse and much lesse made by Pharamond their first king or in those ancient times as others without ground do affirme Gerard. du Hail l. 13. hist Fra●c Anno 1317. l. 14. Anno 1328 l. 3. de l'Estat defrunce Yet do we see that it is sufficient to binde all Princes and Subjects of that Realme to observe the same and to alter the course of natural Discent and nearnesse of Bloud as we have seen and that the king of Navar and some others of his race by vertue of this onely Law did pretend to be next in Succession to this goodly Crown though in nearnesse of Bloud they were farther off by many degrees from king Henry the third than either the foresaid Infanta of Spain or the prince of Lorain who were children of his own sisters which point yet in England were great disorder and would not be suffered for that our Lawes are otherwise and who made these Lawes but the Common-wealth it selfe By all which we see that divers Kingdomes have divers lawes and customes in the matter of succession and that it is not enough for a man to alleage bare propinquity of blood thereby to prevaile for that he may be excluded or put back by divers other circumstances for sundry other reasons which afterward we shall discusse Yea not onely in this point hath the common-wealth authority to put back the next inheritors upon lawfull considerations but also to dispossesse them that have bin lawfully put in possession if they fulfill not the lawes and conditions by which and for which their dignitie was given them Which point as it cannot serve for wicked men to be troublesome unto their Governours for their own interests or appetites so yet when it is done upon just and urgent causes and by publique authority of the whole body the justice thereof is playne not onely by the grounds and reasons before alleaged but also by those examples of the Romans and Grecians already mentioned who lawfully deposed their Kings upon just considerations and changed also their Monarchie and Kingly Government into other forme of regiment And it might be proved also by examples of all other nations and this perhaps with a circumstance which every man considereth not to wit That God hath wonderfully concurred for the most part with such juditiall acts of the common-Wealth against their evill Princes not onely in prospering the same but by giving them also commonly some notable successor in place of the deposed thereby hath to justify the fact and to remedy the fault of him that went before I am far from the opinion of those people of our dayes or of old who make so little account of their duty towards Princes as be their title what it will yet for every mislike of their owne they are ready to band