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 Navâ—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 Fraâ—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
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. â—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
came to the reading of the Epistle the said Lord Arch Bishop turning about to Philip the Prince that was there present declared unto him what was the Catholick Faith and asked him whether he did believe it and whether he would defend it against all persons whatsoever who affirming that he would his Oath was brought unto him whereunto he must sweare which he took and read with a loud voice and signed it with his own hand and the words of the Oath were these Iâ— Phillippe parle grace de Lieu prochain dâ—estre ordounè Roy de France promets au jour de mon sacrè devant Dieu ses sanctes c. That is in English for I will not repeate all the Oath in French seeing it is somwhat long The Oath of the King of France I Philip by the grace of God neere to be ordained King of France do promise in this day of my annointing before Almighty God and all his Saints that I will conserve unto you that are Ecclesiasticall Prelates all canonicall priviledges and all Law and Iustice due unto every one of yâ—u and I will defend you by the helpe of God so much as shall lye in my power and as every King ought to do and as by right and equity he is bound to defend every Bishop and Church to him committed within his Realme and furthermore I shall administer Justice unto all people given me in charge and shall preserve unto them the defence of Lawes and eqnity appertaining unto them so far forth as shall lye in my authority so God shall helpe me and his holy Evangelâ—sts This oath was read by the King holding his handes between the hands of the Arch-Bishop of Rhemes and the Bishop of Syon and Bisanson legats of the Pope standing by with a very great number of other Bishops of the realme and the said Arc-Bishop taking the Crosse of Rimigius in his hands he shewed first unto all the audience the ancâ—ent authority which the Archbishops of Rhems had even from the time of Remigius that baptized there first Christian King Clodoveus to annoint and Crown the Kings of France which he said was confirmed unto them by priviledge of the Pope Hotmisday that lived in the yeare of Christ 516. Belfor l. 3. cap. 20. and after also by Pope Victor and this being done he then by licence first asked of King Henry the Father there present did chuse Philip for King Il esleut le dit Philippe son sils en pour Roy de France which is word for word the Arch-Bishop chose the said Philip King Henries Sonne in and for King of France which the legates of the Pope presently confirmed and all the Bishops Abbots and Clergy with the Nobility and people in their order did the like crying out three times in these words Nous le apprououns nous le vâ—ulons soit fait nostre Roy that is we approve his election we will have him let him be made our King and presently was song Te Deum laudamus in the quyar and the rest of the Ceremonies of annointing and Coronation were done according to the ancient order of this solemnity used in the time of King Philips predecessors Kings of France Thus far do French stories recount the old and ancient manner of annointing and Crowning their Kings of France which had endured as I have said for almost 600. yeares that is to say from Clodoueus unto King Philip the first who was crowned in France 7. yeares before our William Conqueror who also was present at this Coronation and had the third place among the temporall Princes as Duke of Normandy entred into England but after this time the manner and Ceremonies was somwhat altered and made more majesticall in outward show and this especially by King Lewis surnamed the young Nephew to the foresaid King Philip who leaving the Substance of the action as it was before caused divers externall additions of honour and Majesty to be adjoyned thereunto especially for the Coronation of his sonne Phillip the second surnamed Augustus whom he caused also to be Crowned in his dayes as his Grand-Father Phillip had been and as himselfe had been also in his Fathers dayes This man among other Royal Ceremonies ordâ—ined the offices of the twelve Peers of Fraunce 6 Ecclesiasticall and 6. temporall who are they which ever since have had the cheifest places and offices in this great action for that the foresaid Arch-Bishop of Rhemes intituled also Duke of Rhemes hath the first and highest place of all others and 〈…〉 King The Bishop and Duke of Laon beareth the glâ—sse of sacred 〈…〉 and Duke of Langres the Crosse The Bishop and Earl of 〈…〉 the Bishop and Earle of Noyon the Kings girdle and Last of all the Bishoâ— and 〈◊〉 of Chalons doth carry the ring and these are the 6 acclesiasticall Peites of France with their offices in the Coronation The temporall Peers are the Duke of Burgundie Deane of the order who in this day of Coronation holdeth the Crowne the Duke of Gasconiâ— and Guyene the first banner quartered the Duke of Normandie the Second banner quartered the Earl of Tholofa the golden Spurres the Earl of Champanie the banner Royall or standard of Warr and the Earl of Flanders the Sword Royall so as there are 3 Dukes and 3. Earles one of both rankes of Spirituall and temporall Lords and as Gidard noteth the King is apparraled on this day 3 times and in 3 severall sortes the first as a Priest the second as a King Warrier the third as a Judge Girard du haillan li. 3. de Pestat page 240. 242. and 258. and finally he saith that this solemnitie of annointing and Crowning the King of France is the most magnificent gorgious Majesticall thing that may be seen in the world for which he referreth us not only to the particuler Coronations of these two ancient King Philips the first and second but also to the Coronation of Henry the Second But to say a word or two more of Phillip Augustus before I passe any further which happened in the year 1179. and in the 25. of the reigne of our King Henry the 2. of England who as the French stories say was present also at this Coronation and had his ranke among the Peeres as Duke of Normandy and held the Kings Crown in his hand and one of his Sonnes had his ranke also a Duke of Gasconie and the form used in this Coronation was the very same which is used at this day in the admission of the Kings of France in recounting whereof I will let passe al the particular Ceremonies which are largely to be read in Francis Belforest in the place before mentioned and I will repaire onely the Kings Oath which the said author recounteth in these words The Arch-Bishop of Rhemes being vested in his pontificall attire and come to the Alter to begin Masse where the King also was upon a high seat placed he turned to him and said these
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 alâ—er Titles of Snccession according as publique necessity or utility shall require for thus briefly the matter passed King Eâ—â—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 Ethâ—ldred and his Son Edmond being dead Canutus the Dane was admitted for King of England by the whole Parlâ—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 â—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 deâ—ermined to chuse Aludred for their king who was yonger bâ—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 trayâ—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 beinâ— 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 10â—â— 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 annoinâ—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
SEVERALL SPEECHES Delivered At a Conference concerning the Power of Parliament to proceed 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 in divers Countries according as each Common-wealth hath chosen and established III. The great reverence and respect due to Kings and yet how divers of them have been lawfully chastised by their Parliaments and Common-wealths for their misgovernment and of the good and prosperous successe that God commonly hath given to the same IV. The lawfulnesse of proceeding against Princes what interest Princes have in their Subjects goods or lives how Oathes do binde or may be broken by Subjects towards their Princes and finally the difference between a good King and a Tyrant V. The Coronation of Princes and manner of their admitting to their authority the Other which they doe make in the same unto the Common-wealth for their good Government VI. What is due to onely Succession by birth and what interest or right an Heire apparent hath to the Crown before he is Crowned or admitted by the Common-wealth and how justly he may be put back if he have not the parts requisite VII How the next in succession by propinquity of blood have often times been put back by the Common-wealth and others further off admitted in their places even in those Kingdoms where succession prevaileth with many examples of the Kingdomes of Israel Spaine 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 and how God hath approved the same with good successe 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 LONDON Printed by Robert Ibbitson dwelling in Smith field neere the Queens-head-Tavern MDCXLVIII The first Speech THe Examples of a mad or furious Heir apparent or of one that were by Education a Turke or Moor in Religion or by Nature deprived of his Wit or Senses do plainly prove that propinquity of Birth or Bloud alone without other circumstances is not sufficient to be preferred to a Crown for that no Reason or Law Religion or Wisedom in the World can admit such Persons to the Government of the Common-wealth by whom no good but destruction may be expected to the same seeing that Government was ordeined for the benefit of the Weal-publique and not otherwise And though some in these our Dayes have affirmed the contrary and published the same in writing for the defence flattery or advancement of the Prince they favour affirming that even a fool mad or furious man or otherwise so wicked as he would endeavour to destroy the Common-wealth were to be admitted to the Seat Royal without further consideration if he be next in Bloud yet this is manifestly agaist all reason and conscience and against the very first end and purpose of institution of Common-wealths and Magistrates Hereof it doth ensue that some other Conditions also must needs be requisite for coming to Government by Succession besides the onely propinquity or priority in Bloud and that the Conditions must be assigned and limited out by some higher Authority than is that of the Prince himselfe who is bound and limited thereby and yet it seemeth evident they are not prescribed by any Law of Nature or Divine for that then they should be both immutable and the selfe-same in all Countries as God and Nature are one and the same to all without change where notwithstanding we see that these Conditions and Circumstances of succeeding by Birth are divers or different in different Countries as also they are subject to changes according to the diversity of Kingdomes Realmes and People whereby we are forced to conclude that every particular Countrey and Common-wealth hath prescribed these Conditions to it selfe and hath Authority to do the same For better proof whereof it is first of all to be supposed that albeit sociability or inclination to live together in company Man with Man whereof ensueth both City and Common-wealth as Aristotle gathereth in his first Book of Politiques be of Nature and consequently also of God that is Authour of Nature though Government in like manner and jurisdiction of Magistrates which do follow necessarily upon this living together in company be also of Nature yet the particular Forme or manner of this or that Government in this or that Fashion as to have many Governours few or one and those either Kings Dukes Earles or the like or that they should have this or that Authority more or lesse for longer or shorter time or be taken by Succession or Election themselves and their Children or next in Bloud all these things I say are not by Law either Natural or Divine for then as hath been said they should be all one in all Countries and Nations seeing God and Nature is one to all but they are ordained by particular positive Lawes of every Countrey But now that sociability in Mankinde or inclination to live in company is by Nature and consequently ordained by God for the common benefit of all is an easie thing to prove seeing that all ground of Realmes and Common-wealths dependeth of this point as of their first Principle for that a Common-wealth is nothing else but the good Government of a Multitude gathered together to live in one and therefore all old Philosophers Law-makers and Wise men that have treated of Government or Common-wealths as Platâ— in his ten most excellent Bookes which he wrote of this matter intituling them of the Common-wealth Plato de repub Cicero de repub Arist. Polit. And Marcus Cicero that famous Councellour in other six Books that he writ of the same matter under the same Title And Aristotle that perhaps excelleth them both in eight Bookes which is called his Politiques All these I say do make their entrance to treat of their Common-wealth affaires from this first Principle to wit That man by Nature is sociable and inclined to live in company whereof do proceed first all private Houses then Villages then Townes then Cities then Kingdomes and Common-wealths This ground and Principle then do they prove by divers evident reasons as first for that in all Nations never so wilde and barbarous we see by experience that by one way or other they endeavour to live together either in Cities Townes Villages Caves Woods Tents or other like manner according to the Custome of each countrey Pompon Mela. lib. 3. cap. 3 4. Tacit. lib. 8. which universal instinct could never be in all but by impression of Nature it selfe Secondly they prove the same by that the use of speech is
the best as the Romans many yeares were governed by Consuls and Senatours and at this day the States of this countrey of Holland do imitate the same or else Monarchia which is the Regiment of one and this again either of an Emperour King Duke Earle or the like these particular Formes of Government I say are not determined by God or Nature as the other two points before for then they should be all one in all Nations as the other are seeing God and Nature are one to all but these particular Formes are left unto every Nation and countrey to chuse that Forme of Government which they shall like best and thinke most fit for the Natures and conditions of their People which Aristotle proveth throughout all the second and fourth Books of his Politiques very largely laying down divers kindes of Governments in his dayes as namely in Greece that of the Milesians Lacedemonians Candians and others and shewing the causes of their differences which he attributeth to the diversity of Mens Natures customes educations and other such causes that made them make choice of such or such Forme of Government And this might be proved also by infinite other Examples both of times past and present and in all Nations and countries both Christian and otherwise which have not had onely different fashions of Governments the one from the other but even among themselves at one time one Forme of Government And another at other times for the Romans first had Kings and after rejecting them for their evil Government they chose Consuls which were two Governours for every Year whose Authority yet they limited by a multitude of senatours which were of their counsel and these Mens power was restrained also by adding Tribunes of the People and sometimes Dictatours and finally they came to be governed last of all by Emperours The like might be said of Carthage in Africa and many Cities and Common-wealthes of Grece which in divers seasons and upon divers causes have taken different Formes of Government to themselves The like we see in Europe at this day for in onely Italie what different Formes of Government have you Naples hath a King for their Soveraigne Roma the Pope and under him one Senatour in place of so many as were wont to be in that Common-wealth Venice and Genua have Senatours and Dukes but little Authority have their Dukes Florence Farara Mantua Parma Vrbin and Savoy have their Dukes onely without Senatours and their power is absolute Milan was once a Kingdom but now a Dukedom the like is of Burgundy Lorain Bavire Gasconie and Britaine the lesser all which once had their distinct Kings and now have Dukes for their supreme Governours The like may be said of all Germany that many Yeares together had one King over all which now is divided into so many Duke â—omes Earldomes and other like Titles of Supreme Princes But the contrary is of Castile Aragon Portugal Barcelona and other Kingdomes this day in Spain which were first Earldomes onely and after Dukedomes and then Kingdomes and now again are all under one Monarchy The like is of Bohemie and Polonia which were but Dukedomes in old time and now are Kingdomes The like may be said of France also after the expulsion of the Romans which was first a Monarchy under Pharamond their first King and so continued for many Yeares under Clodion Meronys Childrik and Clodovaus their first christened Kings but after they divided it into four Kingdomes to wit one of Paris another of Suessons the third of Orleans and the fourth of Metts and so it continued for divers yeares but yet afterwards they made it one Monarchy again England also was first a Monarchy under the Britaines and then a Province under the Romans and after that divided into seven Kingdomes at once under the Saxons and now a Monarchy again under the English and all this by Gods permission and approbation who in token thereof suffered his own peculiar People also of Israel to be under divers manners of Governments in divers times as first under Patriarchs Abraham Isaac and Jacob then under Captaines as Moses Joshua and the like then under Judges as Othoniel Aiod and Gideon then under high Priests as Heli and Samuel then under Kings as Saul David and the rest and then under Captaines and high Priests again as Zorobabel Judas Machabeus and his Brethren untill the Government was lastly taken from them and they brought under the power of the Romans and forreigne Kings appointed by them So as of all this there can be no doubt but that the Common-wealth hath power to chuse their own fashion of Government as also to change the same upon reasonable causes as we see in all times and Countries and God no doubt approveth what the Realme determineth in this point for otherwise nothing could be certain for that of these changes doth depend all that hath succeeded In like manner is it evident that as the Common-wealth hath this Authority to chuse and change her Government so hath she also to limit the same with what Lawes and conditions she pleaseth whereof ensueth the great diversity of Authority and power which each one of the former Governments hath as for example the Consuls of Rome were but for one year other Officers and Magistrates were for more or lesse time as their Common-wealth did a lot them The Dukes of Venice at this day are for their lives except in certain cases wherein they may be deposed and those of Genua onely for two yeares and their power is very small and much limited and their Heires have no claime or pretence at all after them to that Dignity as the children and next of kin of other Dukes of Italy have though in different sort also for that the Dukedomes of Ferara Vrbin and Parma are limited onely to Heires male and for defect thereof to return to the Pope or Sea of Rome Florence and Mantua for like defects are to returne to the Empire and do not passe to the Heires female or to the next of kin as Savoy and some others do And now if we respect God and Nature as well might all these Governments follow one Law as so different for that neither God nor Nature prescribeth any of these particular Formes but concurreth with any that the Common-wealth it selfe appointeth and so it is to be believed that God and Nature concurred as well with Italy when it had but one Prince as now when it hath so many and the like with Germany and also with Swizerland which once was one Common-wealth onely under the Dukes and Marquesses of Austria and now are divided into thirteen Cantons or Common-wealths under popular Magistrates of their own as hath been said so as when Men talke of a natural Prince or natural Successour as many times I have heard the word used if it be understood of one that is borne in the same Realme or Countrey and so of our own natural Bloud it hath some
worst The second Forme which is called Oligarchia or Aristocratia for that a few and those presumed to be the best are joyned together in Authority as it doth participate something of both the other Governments to wit of Monarchia and Democratia or rather tempereth them both so hath it both good and evil in it but yet inclineth more to the evil for the dis-union that commonly by man's infirmity and malice is among those Heads for which cause the States before named of Venice and Genua which were wont to have simply this Government of Aristocratia in that their Regiment was by certain chose Senatours were enforced in the end to chuse Dukes also as Heads of their Senates for avoiding of dissention and so they have at this day though their Authority be but small as hath been said We see also by the examples of Carthage and Rome where Government of Aristocratia took place that the division and factions among the Senatours of Carthage was the cause why aid and succour was not sent to Hannibal their Captain in Italy after his so great and important victory at Cannas which was the very cause of the saving of the Roman Empire and the losse of their own and also afterwards the emulations discord and dis union of the Roman Senatours among themselves in the affaires and contentions of Marius and Sylla and of Pompry and Caesar was the occasion of all their destruction and of their Common-wealth with them Tit. Liv. l. 30. Entrop l. 3. Oros l. 5. 6. Evident then it is that of all other Governments the Monarchy is the best and least subject to the inconveniences that other Governments have and if the Prince that governeth alone and hath supreme authority to himselfe as he resembleth God in this point of sole Government so could he resemble him also in wise discreet and just Government and in ruling without passion no doubt but that nothing more excellent in the World could be desired for the perfect felicity of his Subjects but for that a King or Prince is a man as others be and thereby not onely subject to errours in judgement but also to passionate affections in his will for this cause it was necessary that the Common-wealth as it gave him this great power over them so it should assigne him also the best helpes that might be for directing and rectifying both his will and judgement and make him therein as like in Government to God whom he representeth as man's frailty can reach unto For this consideration they assigned to him first of all the assistance and direction of Law whereby to governe which Law Aristotle saith Est meus quaelam nulle perturbata affectu Arist l. 3. Pol. c. ult It is a certain minde disquieted with no disordinate affection as mens mindes commonly be for that when a Law is made for the most part it is made upon due considlration and deliberation and without perturbation of evil affections as anger envy hatred rashnesse or the like passions and it is referred to some good end and commodity of the Common-wealth which Law being once made remaineth so still without alteration or partial affection being indifferent to all and partial to none but telleth one tale to every man and in this it resembleth the perfection as it were of God himselfe for the which cause the said Philosopher in the same place addeth a notable wise saying to wit That he which joyneth a Law to governe with the Prince joyneth God to the Prince but be that joyneth to the Prince his affection to governe joyneth a beast Ar. l. 3. Pol. c. 12. For that mens affections and concupiscences are common also to Beasts so that a Prince ruling by Law is more than a man or a man deified and a Prince ruling by affections is lesse than a man or a man brutified In another place also the same Philosopher saith that a Prince that leaveth Law and ruleth himselfe and others by his own appetite and affections Of all creatures is the worst and of all beasts is the most furious and dangerous Arist l. 1. Pol. c. 2. For that nothing is so outragious as injustice armed and no armour is so strong as wit and authority whereof the first he hath in that he is a man and the other in that he is a Prince For this cause then all Common-wealths have prescribed Lawes unto their Princes to govern thereby as by a most excellent certain and immutable rule to which sense Cicero said Leges sunt inventae ut omnibus semper una eadem voce loquerentur Lawes were invented to the end they should speak in one and the selfe same sense to all men Cic. l. 2. Offic. For which very reason in like manner these Lawes have been called by Philosophers a rule or square inflexible and by Aristotle in particular a minde without passion as hath been said but the Prophet David who was also a Prince and King seemeth to call it by the name of Discipline for that as Discipline doth keep all the parts of a man or of a particular house in order so Law well ministred keepeth all the parts of a Common-wealth in good order and to shew how securely God exacteth this at all Princes hands he saith these words And now learn ye Kings and be instructed ye that judge the World serve God in fear and rejoyce in him with trembling imbrace ye discipline least he enter into wrath and so ye perish from the way of righteousnesse Psal 2. Which words being uttered by a Prophet and King do contain divers points of much consideration for this purpose as first that Kings and Princes are bound to learne Law and Discipline and secondly to observe the same with great humility and fear of Gods wrath and thirdly that if they do not they shall perish from the way of righteousnesse as though the greatest plague of all to a Prince were to lose the way of righteousnesse law and reason in his Government and to give himselfe over to passion and his own will whereby they are sure to come to shipwracke and thus much of the first helpe The second helpe that Common-wealths have given to their Kings and Princes especially in later Ages hath been certain Councels and Councelours with whom to consult in matters of most importance as we see the Parliaments in England and France the Courts in Spain and Diets in Germany without which no matter of great moment can be concluded and besides this commonly every King hath his Privy Councel whom he is bound to hear and this was done to temper somewhat the absolute forme of a Monarchy whose danger is by reason of his sole Authority to fall into tyranny as Aristotle wisely noteth in his fourth Book of Politiques shewing the inconvenience or dangers of this Government which is the cause that we have few or no simple Monarchies now in the World especially among Christians but all are mixt lightly with divers points
of the other two formes of Government also and namely in England all three do enter more or lesse for in that there is one King or Queen it is a Monarchy in that it hath certain Councels which must be heard it participateth of Aristocratia and in that the Commonalty have their voyces and Burgesses in Parliament it taketh part also of Democratia or popular Government All which linitations of the Princes absolute Authority as you see do come from the Common-wealth as having authority above their Princes for their restraint to the good of the Realme From like Authority and for like considerations have come the limitations of other Kings and kingly power in all times and Countries from the beginning both touching themselves and their posterity and successours as briefly in this place I shall declare And first of all if we will consider the two most renowned and allowed States of all the World I mean of the Romans and Grecians we shall finde that both of them began with Kings but yet with farre different Lawes and restraints about their Authorities for in Rome the Kings that succeeded Romulus their first Founder had as great and absolute Authority as ours have now a dayes but yet their children or next in bloud succeeded them not of necessity but new Kings were chosen partly by the Senate and partly by the people as Titus Livius testifieth Livil 1 dec 1. So as of three most excellent Kings that ensued immediatly after Romulus to wit Numa Pompilius Tullius Hostilius and Tarquinius Priscus none of them were of the Bloud Royal nor of kin the one to the other no nor yet Romans borne but chosen rather from among strangers for their vertue and valour and that by election of the Senate and consent of the People In Grecce and namely among the Lacedemonians which was the most eminent Kingdom among others at that time the succession of children after their fathers was more certain but yet Aristotle noteth Arist l. 2. c. 8. Pol. Plutarch in Lycurg Their authority and power was so restrained by certain Officers of the people named Ephori which commonly were five in number as they were not onely checked and chastened by them if occasion served but also deprived and somtimes put to death for which cause the said Philosopher did justly mislike this eminent jurisdiction of the Ephori over their Kings but yet hereby we see what authority the Common-wealth had in this case and what their meaning was in making Lawes restraining their Kings power to wit thereby the more to binde them to do justice which Cicero in his Offices uttereth in these words Justitiae fruendae causa apud majores nostros in Asia in Europa bene morati Reges olim sunt constiti c. at cum jus aquabile ab 〈◊〉 viro homines non consequerentur inventae sunt leges Cic. l. 2. Offic. Good Kings were appointed in old time among our Ancestours in Asia and Europe to the end thereby to obtain justice but when men could not obtain equal justice at one mans hands they invented Lawes The same reason yeildeth the same Philosopher in another place not onely of the first institution of Kingdomes but also of the change thereof again into other Government when these were abused Omnes antiquae gentes regibus quondam paruerunt c. Cic. l. 3. de legibus That is All old Nations did live under Kingdomes at the beginning which kinde of Government first they gave unto the most just and wisest men which they could finde and also after for love of them they gave the same to their posterity or next in kin as now also it remaineth where kingly Government is in use but other Countries which liked not that forme of Government and have shaken it off have done it not that they will not be under any but for that they will not be ever under one onely Thus far Cicero and speaketh this principally in defence of his own Common-wealth I mean the Roman which had cast off that kinde of Government as before hath been said for the offence they had taken against certain Kings of theirs and first of all against Romulus himselfe their first Founder for reigning at his pleasure without law as Titus Livius testifieth for which cause the Senatours at length slew him and cut him in small pieces And afterwards they were greatly grieved at the entring of Scrvius Tullius their sixth King for that he gat the Crown by fraud and not by Election of the Senate and special approbation of the people as he should have done but most of all they were exasperated by the proceeding of their seventh King named Lucius Tarquinius sirnamed the proud who for that he neglected the Lawes of Government prescribed to him by the Common-wealth as namely in that he consulted not with the Senate in matters of great importance and for that he made War and Peace of his own head and for for that he appointed to himselfe a Guard as though he had mistrusted the People and for that he did use injustice to divers particular men and suffered his children to be insolent he was expelled with all his posterity and the Government of Rome changed from a Kingdom unto the Regiment of Consuls after two hundred yeares that the other had endured And thus much of those Kingdomes of Italy and Greece and if likewise we will look upon other Kingdomes of Europe we shall see the very same to wit that every Kingdom and Countrey hath his particular Lawes prescribed to their Kings by the Common wealth both for their Government Authority and Succession in the same for if we behold the Roman Empire it selfe as it is at this day annexed to the German Electours though it be first in Dignity among Christian Princes yet shall we see it so restrained by particular Lawes as the Emperour can do much lesse in his State than other Kings in theirs for he can neither make War nor exact any contribution of men or money thereunto but by the free leave and consent of all the States of the German Dieâ— or Parliament and for his children or next in kin they have no action interest or pretence at all to succeed in their Fathers Dignity but onely by free Election if they shall be thought worthy nay one of the chiefest points that the Emperour must swear at his entrance as Sleydan writeth Sleydan l. 8. Anno 1532. is this That he shall never go about to make the Dignity of the Emperour peculiar or bereditary to his Family but leave it unto the seven Electours free in their power to chuse his Successour according to the Law made by the Pope â—regory the fifth and the Emperour Charles the fourth in this behalfe Blond Dicad 2. l. 3. Crant l. c. 25. The Kingdomes of Poloma and Bohemia do go much after the same fashion both for their restrant of power and succession to their Kings For first touching their
against them wheresoever they thinke they may make their party good inventing a thousand calumniations for their discredit without conscience or reason whom in deed I do thinke to have little conscience or none at all but rather to be those whom the Apostles Peter and Jude did speake of when they said Novit Dominus iuiquos in diem judicii reservare cruciandos magis autem eos qui dominitionem contemnunt audaces sbi placentes c. 2 Pet 2 10. Jâ—de 8. God knoweth how to reserve the wicked unto the day of judgement there to be tormented but much more those which do contemne domination or government and are bold and liking of themselves Nay further I am of opinion that whatsoever a Princes Title be if once he be settled in the Crown and admitted by the Common-wealth for of all other holds I esteem the tenure of a Crown if so it may be termed the most irregular and exraordinary every man is bound to settle his conscience to obey the same In all that lawfully he may command and this without examination of his Title or Interest for that God disposeth of kingdomes and worketh his will in princes affaires as he pleaseth and this by extraordinary meanes oftentimes so that if we should examine the Titles at this day of all the princes in Christendom by the ordinary rule of private mens rights successions or tenures should finde so many knots and difficulties as it were hard for any to make the same plain but onely the supreme Law of God's disposition which can dispence in what he listeth This is my opinion in this behalfe for true and quiet obedience and yet on the other side as farre off am I from the abject and wicked flattery of such as affirme princes to be subject to no Law or limitation at all either in authority government life or succession but as though by Nature they had been created kings from the beginning of the World or as though the Common-wealth had been made for them and not they for the Common-wealth or as though they had begotten or purchased or given life to the Weal-publique and not that the Weal-publique had exalted them or given them their authority honour and dignity so these flatterers do free them for all obligation duty reverence or respect unto the whole Body where of they are the Heads nay expresly they say and affirme that All mens goods bodies and lives are the Princes at their pleasures to dispose of that they are under no Law or account-giving whatsoever that they succeed by Nature and generation onely and not by any authority admission or approbation of the Common-wealth and that consequently no merit or demerit of their perso is to be respected nor any consideration of their Naâ—ures or qualities to wit of capacity disposition or other personal circumstances is to be had or admitted and do they what they list no authority is there under God to chaâ—ten them All these absurd paradoxes have some men of our dayes uttered in flattery of princes to defend a kings Title with assertions and propositions do destroy all Law of reason conscience and Common-wealth and do bring all to such absolute tyranny as no Realme ever did or could suffer among civil people no not under the dominion of the Turke himselfe at this day where yet some proportion of equity is held between the prince and the people both in Government and Succession though nothing so much as in Christian Nations To avoid these two extremes as all the duty reverence love and obedience before nameâ— is to be yeelded unto every Prince which the common-wealth hath once established so yet retaineth still the common-wealth her authority not onely to restrain the same Prince if he be exorâ—itant but also to chasten and remove him upon due and weighty considerations and that the same hath bin done and practised at many times in most Nations both Christian and otherwise with right good successe to the weal publick The Third Speech TWo points are now to be proved First that Common-wealths have chastised sometimes lawfully their lawfull Princes though never so lawfully they were descended or otherwise lawfully put in possession of their Crown and secondly that this hath faln out ever or for the moâ—â— part commodious to the weal publique and that it may seem that God approved and prospered the same by the good successe and successors that insued thereof Yet with this protestation that nothing be taken out of my speech against the sacred authority and due respect and obedience that all men owe unto Princes both by Gods Law and Nature but only this shall serve to shew that as nothing under God is more honourable amiable profitable or Soveraigne than a good Prince so nothing is more pestilent or bringeth so generall destruction and desolation as an evill Prince And therefore as the whole body is of more authority thâ—n the only head and may cure the head if it be out of tune so may the weal-publique cure or purge their heads if they infect the rest seeing that a body Civill may have divers heads by succession and is not bound ever to one as a body naturall is which body naturall if it had the same ability that when it had an aking or sickly head it could cut it off and take another I doubt not but it would so do and that all men would confesse that it had authority sufficient and reason to doe the same rather then all the other parts should perish or live in pain and continuall torment but yet much more cleare is the matter that we have in hand for disburdening our selves of wicked Princes as now I shall begin to prove unto you And for proofe of both the points joyntly I might begin perhaps with some examples out of the Scripture it selfe but some man may chance to say that these things recounted there of the Jewes were not so much to be reputed for acts of the common-Wealth as for particular ordinations of God himselfe which yet is not any thing against me but rather maketh much for our purpose For that the matter is more authorized hereby seeing that whatsoever God did ordaine or put in â—re in his Common Wealth that may also be practised by other Common-Wealths now having his authority and approbation for the same Wherefore said he though I do hasten to examples that are more neerer home and more proper to the particular purpose whereof we treat yet can I not omit to note some two or three out of the Bible that doe appertain to this purpose also and these are the deprivation and putting to death of two wicked Kings of Judah named Saul and Amon 1 Kin. 31. 4. King 22. 44. though both of them were lawfully placed in that dignity and the bringing in of David and Josia in their roomes who were the two most excellent princes that ever that Nation or any other I thinke have had to governe them And first king
Saul though he were elected by God to that royal Thron yet was he slain by the Philistims by God's order as it was foretold him for his disobedience and not fulfilling the law and limits prescribed unto him Amon was lawfull King also and that by natural discent and succession for he was son and heir to king Manasses whom he succeeded and yet was he slain by his own people Quia non ambulavit in via Domini for that he walked not in the way prescribed unto him by God and unto these two kings so deprived God gave two Successours as I have named the like whereof are not to be found in the whole ranke of kings for a thousand yeares together for of Josias it is written Fecit quod crat rectum in conspectu Domini non declinavit neque ad dextram neque ad sinistram 2. Paralip 34. 5. He did that which was right in the sight of God neither did he decline unto the right hand nor the left he reigned 31 yeares 2. Paralip 35. And Jeremias the prophet that lived in his time loved so extremely this good king as he never ceased afterwards to lament his death as the Scripture saith 2 Chron. 34. 35. Chapters As for king David it shall not be needfull to say any thing how excellent a king he was for as many learned men do note he was a most perfect paterne for al kings that should follow in the World not as king Cyrus whom Xenophon did paint out more according to his own imagination of a perfect king that he wished then to the truth of the story but rather as one that passed farre in acts that which is written of him and this not onely in matters of religion piety and devotion but also of chivalry valour wisedom and policy neither is it true which Nicholas Maehiavel the Florentine N. Mach. l. 2. c. 2. in Tit. Liv. And some others of his new unchristian school do affirme for defacing of Christian vertue That religion and piety are le ts oftentimes to politique and wise Government and do break or weaken the high spirits of magnanimous men to take in hand great enterprises for the Common-wealth Aug. lâ—de Gran. This I say is extreme false for that as Divines are wont to say and it is most true Grace doth not destroy or corrupt but perfect Nature so so as he which by Nature is valiant wise liberal or politique shall be the more if also he be pious and religious which we see evidently in king David who notwithstanding all his piety yet omitted he nothing appertaining to the state and government of a noble wise and politique Prince for first of al he began with reformation of his own Court and Realm in matter of good lif and service of God wherein he used the counsel and direction of God and of Nathan the Prophet as also of Abiathar and Hiram the chief Priests and of Heman his wise Councellour 1. Par. 15. He reduced the whole Clergy into 24. degrees appointing 4000. Singers with divers sorts of musical instruments under Asaph Heman and other principal men that should be Heads of the Quire psal 22. 25. He appointed all Officers needfull both for his Court and also the Common-wealth with the Armes of the Crown which was a Lion in remembrance of the Lion which he had slain with his own hands when he was a childe he ordained a mynt with a peculiar forme of money to be stamped took order for distributing relief unto the poor and other like acts of a prudent and pious Prince After all this he turned himselfe to his old exercise of Warres to which he was given from his child hood being wonderfull valiant of his own person as appeareth by the Lion and Bear that he slew with his own hands and the courage wherewith he took upon him the combat with Goliah and as he had shewed himselfe a great Warriour and renowned Captain many yeares in the service of Saul against the Philistims and had gained many noble victories so much more did he after he was king himselfe for that he conquered not onely the philistims but also the Amorites Idumeans Moabites with the kings and people of Damasco and all Syria even unto the River Euphates and left all these Countries peaceable to his Successour 2 Reg. 8. and in three or four Battailes wherein David himselfe was present within the space of two or three yeares almost a hundred thousand Horse and Foot slain by him 8. paral 18. and that himselfe flew in his dayes eight hundred with his own hands 2 reg 13. Joseph l. 7. antiqu c. 10. and that he made by his example thirty and seven such Captaines as each one of them was able to lead and governe a whole Army and yet among all these expences of Warres had he care to lay up so much money and treasure as was sufficient for the building of that huge and wonderfull Temple after him which hee recommended to his son Salomon and amidst all this valour and courage of so warlike a King and Captaine had he so much humility as to humble himselfe to Nathan the Prophet when he came to rebuke him for his fault and so much patience and charity as to pardon Semci that reviled him and threw stones at him in the high way as he went and among so many and continuall businesses both Martiall and Civill and great affaires of the Commonwealth he had time to write so many Psalmes as we see and to sing prayses seven times a day to Almighty God and to feel that devotion at his death which we read of and finally he so lived and so dyed as never Prince I thinke before him nor perhaps after him so joyned together both valour and vertue courage and humility wisdome and piety government and devotion nobility and religion Wherefore though I have been somewhat longer then I would in this example yet hath it not been from the purpose to note somewhat in particular what two worthy Kings were put up by God in place of two other by him deprived and deposed And now if we will leave the Hebrews and returne to the 〈◊〉 of whom we spake before we shall finde divers things notable in that state also to the purpose we have in hand For before Romulus their first King having by little and little declined into tyranny 〈◊〉 thine and cut in peeces by the Senate 〈◊〉 1. which at that time contained an hundred in number and in his place was chosen Numa Pompilius the notablest King that ever they had whâ— prescribed all their order of Religion and manner of sacrifices imitating therein and in divers other points the rites and ceremonies of the Jewes as Terâ—ulâ— and other Fathers does note 〈…〉 contrahaeres Iustin Martyr apolog Hee began also the building of their Capitol added the two months of January and February to the yeare and did other such notable things for that Commonwealth Againe when Tarquiâ—ius
whom they alleadged this reason for their doing in that behalfe as Girard putteth it downe in both his French Chronicles I mean the large and the abbreviation to wit that their oath to Childerie was to honour serve and obey maintaine and defend him against all men as long as he was just religious valiant clement and would resist the enemies of the Crowne punish the wicked and conserve the good and defend the Christian faith And for as much as these promises said they were conditionall they ought not to hold or binde longer then that they were reciprocally observed on both parts which seeing they were not on the part of Childerie they would not be any longer his subject and so desired Zacharias to absolve them from their oaths which he did and by this meanes Childerie was deposed and 〈◊〉 into a Monastery where he dyed and in his place Pepin was chosen and crowned King whose posterity reigned for many years after him and were such noble Kings as all the world can testifie And so continued the race of Pepin in the royall throne for almost two hundred years together untill Hugo Capetus Hug. Cap. per an 988. who was put into the same throne by the same authority of the Commonwealth and Charles of Loraine last of the race of Pepin for the evill satisfaction which the French Nation had of him was put by it and kept prisoner during his life in the Castle of Orleance And thus much doe affirme all the French Histories and doe attribute to these changes the prosperity and greatnesse of their present Kingdome and Monarchy and thus much for France where many other examples might be alleaged as of King Lewis the third sirnamed Faineant For that he was unprofitable and of Charles sirnamed Legros that succeeded him both of them deposed by the States of France and other the like of whom I shall have occasion to speak afterwards to another purpose But now if you please let us step over the Pireny mountains and look into Spayne where there will not faile us also divers examples both before the oppression of that Realme by the Moores as also after Concil Tolet. 4. cap. 4. Ambros morac l. 11. cap. 17. For that before to wit about the yeare of Christ 630. we read of a lawfull King named Flaveo Suintila put downe and deprived both he and his posterity in the fourth Councell Nationall of Toledo and one Sissinando confirmed in his place notwithstanding that Suintila were at the beginning of his reigne a very good King and much commended by Isidorus Archbishop of Sivill Isidor in Hist hispan who yet in the said Councell was the first man that subscribed to his deprivation After the entrance of the Moores also when Spaine was reduced againe to the order and government of Spanish Kings we read Estevan de Garibay l. 13. de la hist de Espa c. 15. that about the yeare of Christ 1282. one Don Alonso the eleventh of that name King of Castile and Leon succeeded his father Fernando sirnamed the Saint and himselfe obtained the sirname of Sabio and Astrologo that is to say of wise and of an Astrologer for his excellent learning and peculiar skill in that Art as may well appeare by the Astronomy tables that at this day goe under his name which are the most perfect and exact that ever were set forth by judgement of the learned This man for his evill government and especially for tyranny used towards two nephews of his as the Spanish Chronicler Garavay writeth was deposed of his Kingdome by a publicke act of Parliament in the Towne of Valiodolid after he had reigned 30. yeares and his owne sonne Don Sancho the fourth was crowned in his place who for his valiant acts was sirnamed â—l bravo and it turned to great commodity of the Commonwealth The same Commonwealth of Spaine some yeares after to wit about the yeare of Christ 1368. having to their King one Don Pedro sirnamed the cruell for his injurious proceeding with his Subjects though otherwise he were lawfully seased also of the Crowne as son and heire to King Don Alonso the twelfth and had reigned among them 18. yeares yet for his evill government they resolved to depose him and so sent for a bastard brother of his named Henry that lived in France requesting him that he would come with some Frenchmen to assist them in that act and take the Crowne upon himselfe Garibay l. 14. c. 40. 41 which he did and by the helpe of the Spaniards and French Souldiers he drave the said Peter out of Spaine and himselfe was crowned And albeit Edward sirnamed the black Prince of England by order of his father King Edward the third restored once againe the said Peter yet was it not durable for that Henry having the favour of the Spaniards returned againe and deprived Peter the second time and slew him in fight hand to hand which made shew of more particular favour of God in this behalfe to Henry and so he remayned King of Spaine as doth also his prâ—geny injoy the same unto this day though by nature he was a bastard that King Peter left two daughters which were led away into England and there married to great Princes And this King Henry so put up in his place was called King Henry the second of this name and proved a most excellent King and for his great nobility in conversation and prowesse in Chivalry was called by Excellency El cavallero the Kingly King and for his exceeding benignity and liberality was sirnamed also El del merceedes which is to say the King that gave many gifts or the liberall franck and bountifull King which was a great change from the other sirnamed cruel that King Peter had before and so you see that alwayes I give you a good King in place of the bad deposed In Portugal also before I goe out of Spaine I will alleage you one example more which is of Don Sancho the second surnamed Capelo fourth King of Portugal lawfull sonne and heir unto Don Alanso surnamed el Gardo who was third King of Portugal This Don Sancho after he had reigned 34. yeares was deprived for his defects in government by the universall consent of all Portugal Garibay lib. 4. de hist Portug c. 19. and this his first deprivation from all kingly rule and authority leaving him only the bare name of King was approved by a generall Councell in Lyons Pope â—nnocentius the fourth being there present who at the Petition and instance of the whole Realme of Portugal by their Embassadors the Archbishop of Braga Bishop of Camibra and divers of the Nobility sent to Lyons for that purpose did authorize the said State of Portugal to put in supream government one Don Alonso brother to the said King Don Sarcho who was at that time Earle of Bullen in Picardy by right of his wife and so the Portugales did and further also a little after they deprived their said King
and did drive him out of his Realme into Castilla where he lived all the rest of his life in banishment and dyed in Toledo without ever returning and this Decree of the Councell and Pope at Lyons for authorizing of this fact is yet extant in our Common Law in the sixt Book of Decretalâ— now in print Lib. 6. de cret tit 6. de supplenda cap. Grand 1. And this King Don Alonso the third which in this sort was put up against his brother was peaceably and prosperously King of Portugal all the dayes of his life Garibay in hist de Portug lib. 34. cap. 20. 21. and he was a notable King and among other great exployts he was the first that set Portugal free from all subjection dependence and homage to the Kingdome of Castile which unto his time â—t haâ— acknowledged and he left for his successor his soâ—â— and heire Don Dionysiâ—el Fabricador to wit the great builder for that he builded and founded above forty and foure great towns in Portugal and was a most rare Prince and his off-spring ruleth in Portugal unto this day Infinite other examples could I alleage if I would examine the lives and discents of these and other Kingdoms with their Princes and namely if I would speak of the Greek Emperours deprived for their evill government not so much by popular mutiny which often hapned among them as by consent and grave deliâ—eâ—ation of the whole State and Weal-publick Glicas in Annal. part 4. Zon. Annal. co 3. in vita Michael Calapha as Michael Calaphates for that he had troden the Crosse of Christ under his feet and was otherwise also a wicked man as also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authority and the like whereof I might name many but it would be too long What should I name here the deposition made of Princes in our dayes by other Common-wealths as in Polonia of Henry the third that was King of France and before that had been sworne King of Polonia of which Crowne of Polonia he was deprived by publick act of Parliament for his departing thence without license and not returning at his day by the said State appointed and denounced by publick Letters of peremptory commandement which are yet extant In literis reip Polon ad Henr. Valesium pag. 182. 184. Vide Gagneum part 1. de rebus Polon In Suetia What should I name the deprivations of Henry King of Suetia who being lawfull successor and lawfully in possession after his Father Gustavus was yet put downe by that Common-wealth and deprived and his brother made King in his place who was in England in the beginning of Queen Elizabeths reigne whose sonne reigned King of Polonia Polin 1. 32. Histor de Franc. An. 1568. and this fact was not only allowed of at home by all the States of that countrey but also abroad as namely of Maximilian the Emperor and appointed also by the King of Denmarke and by all the Princes of Germany neer about that Realme who saw the reasonable causes which that Common-wealth had to proceed as it did And a little before that the like was practised also in Denmarke against Cisternus their lawfull King if we respect his discent in blood for he was sonne to King Iohn that reigned afore him and crowned in his fathers life but yet afterwards for his intolerable cruelty he was deprived and driven into banishment together with his wife and three children all which were disinherited and his Vncle Frederick Prince of Holsatia was chosen King whoâ—e Progeny yet remaineth in the Crowne and the other though he were married to the sister of Charles the fifth last Emperour of that name and were of kin also to King Henry the eight in England yet could he never get to be restored â—â—â—pessed his time miserably partly in banishment and partly in prison untill he died Sleydon l. 4. hist An. 1532. Muâ—st lib. 3. Cosmogra in dâ—script Dâ—â—i'e Paulus Iovius in viris illust But it shall be best perhaps to end this narration with example out of England it selfe for that no where 〈◊〉 have I read more markeable accidets touching this point then in England and for brevity sake I shall touch only a few since the Conquest for that I will goe no higher though I might as appereth by the example of King Edâ—in and others neither will I begin to stand much upon the example of King Iohn though well also I might so that by his cruell government he made himselfe both odious at home and contemptâ—ble abroad After him King Henry the third was admitted and he proved a very worthy King after so cruell a one as had gone before him and had been deposed which is a circumstance that you must alwayes note in this narration and hee reigned more yeares then ever King in England did before or after him for he reigned full 53 years and left his son and heire Edward the first not inferiour to himselfe in manhood and vertue who reigned 34. yeares and left a son named Edward the second who falling into the same defects of government or worse then King John his great Grandfather had done was after 1. yeares reigne deposed also by act of Parliament holden at London the yeare 1326. Polyd. l. 18. hist Anglicanae Anno 1326. and his body adjudged to perpetuall prison in which he was at that present in the Castle of Wallingford whither divers both Lords and Knights of the Parliament were sent unto him to denounce the sentence of the Realme against him to wit how they had deprived him and chosen Edward his son in his place Stow in the life of King Edward the 2. for which act of choosing his son he thanked them heartily and with many teares acknowledged his owne unworthinesse whereupon hee was degraded his name of King first taken from him and he appointed to be called Edward of Carnarvan from that houre forward And then his Crowne and ring were taken away and the Steward of his house brake the staffe of his office in his presence and discharged his servants of their service and all other people of their obedience or allegiance toward him and towards his maintenance he had only a 100 marks a year allowed for his expences and then was hee delivered also into the hands of certain particular keepers who led him prisoner from thence by divers other places using him with extreme indignity in the way untill at last they took his life from him in the Castle of Barkley and his son Edward the third reigned in his place who if we respect either valour prowesse length of reigne acts of chevalry or the multitude of famous Princes his children left behind him was one of the noblest Kings that ever England had chosen in the place of a very evill one But what â—hall we say Is this worthinesse which God giveth commonly to the successours at these changes perpetuall or certaine by discent no
gratefully but discourteous rather and injuriously towards him that gave him first this authority To which also they doe alleage the speech of the Prophet Samuel in the first Booke of the Kings where the people of Israel demanded to have a King to governe over them as other nations round about them had and to leave the the government of thhe high Priest under whom at that day they were At which demand both God himself and Samuel were grievously offended and Samuel by Gods expresse order protested unto them in this manner 1. Reg. 8. Well quoth he you will have a King hearken then to this that I will say Hoc erit ius regis qui imperaturus est vobis this shall be the right and power of the King that shall rule over you to wit he shall take from you your children both Sons and Daughâ—ers your Fields and Vinyards your Harvest also and Renâ—s your Servants Handmaids and Heards of Cattie and shall give them to his Servants and you shall cry unto God in that day from the face of this your King whom you have chosen and God shall not hear you for that you have demanded a King to govern you Out of all which discourâ—e and speech of the Prophet these men doe gather that a King is nothing so restrained in his power or limited to law as you have affirmed but rather that his law is his own will as by these words of the Prophet may appear much lesse may the Common-wealth chastise or deprive him for exceeding the limits of law or doing his will seeing that here in this place God doth fore-tell that Princes oftentimes shall commit excesses and injuries and yet doth he not therefore will them to chasten or depose them for the same but rather insinuateâ—h that they must take it patitiently for their sinnes and cry to God for remedy and persevere therein though he do not at the first hearken to them or grant their redresse The fifth Speech I Confesse that Flatterers of Princes in these our days have not onely affirmed that Princes were lawlesse and subject to no accompt reason or correction whatsoever they did but also which is yet more absurd pernicious to all Common-wealths Belloy apolog part 2. p. 7. apol pro Rege c. 6. 24. 26. That all goods chattels possessions and whatsoever else commodities temporall of the Common-wealth are properly the Kings and that their subjests have onely the use thereof without any propriety at all so as when the King will he may take it from them by right without injustice or injury which assertions do overthrow wholly the very nature and substance of a Common wealth it self For first to say that a King is subject to no law or limitation at all but may do what he will is against all that I have alleadged before of the very institution of a Common-wealth which was to live together in justice order and as I shewed out of Cicero speaking of the first Kings Iustitiae fruendae causa bene morati Reges olim sunt constituti For enjoying of iusticâ— were Kings appointed in old time that were of good life but if they be bound to no justice at all but must be born and obeyed be they never sowicked then is this end and butt of the common wealth and of all Royal authority utterly frustrate then may we set up publike Murderers Ravishers Theeves and Spoylers to devour us in stead of Kings and Governours to defend us for such indeed are Kings that follow no law but passion sensuality do commit injustice by their publike authority then finally were all those Kings beforementioned both of the Jewes Gentiles and Christians vnlawfully deprived their Successors unlawfully put up in their places consequently all Princes living in Christianity at this day who are deseended of them are intruders no lawful Princes By the second saying also that all temporallties are properly the Princes that Subjects have only the use therof without any interest of their own no lesse absurdities do follow then of the former assertion for that first it is against the very principle foundation of our civill law which at the first entrance begining maketh this division of goods That some are common by nature to all men as the Ayr the Sea and the like other are publike to all of one City or Country but yet not common to all ingenerall as Rivers Ports and other such some are of the community of a City or Common-wealth but yet not common to every particular person of that City as common Rents Theators the publike house c some are of none nor properly of any mans goods as Churches and sacred things and some are proper to particular men as those which every man possesseth of his own which diviâ—â—on of Iustiman the Emperour his most learned Lawyers is not good if the Prince bee Lord proprietary of all nay he that made this division being Emperour did great injury also to himself â—n assigning that to others which by the opinion of Belloy his fellows was properly truly his own in that he was Emperour Lord of the world Besides all this so absurd a saying is this as it overâ—hroweth the whole nature of a Common wealtâ— it self waketh all subjects to be but very slaves For that slaves bondmen as Aristotle saith in this do diffeâ— from Free-men that slaves have only the use of things without property or interest cannot acquire or get to themselvs any dominion or true right in any thing for that whatsoever they do get it accreweth to their Master not to themselvs for that the condition of an Oxe or an Asse is the very same in respect of a poor man that hath no slave for that the Oxe or Asse gâ—tâ—eth nothing to himself but only to his Master can be Lord of nothing of that for which he laboureth for this cause wittily also said Aristâ—tle that bos aut asinus pauperi agricolae proservo est An Oxe or an Asse is to a poor husbandman in stead of a boudman so seeing that Malignants will needs have the state condition of all Subjects to be like unto this in respect of their Prince and that they have nothing in propriety but only the use and that all dominion is properly the Princes what doth the other then make all Subjects not only slaves but also Oxen and Asses and pecora campi Last of all for I will not overload you with reasons in a matter so evident if all Subjects goods be properly the Kings why then was Achab and Iezabell King Queen of Israel so repreâ—ended by Elias and so punished by God for taking away Nabothes Vinyard seeing they took but that which was their own Nay why waâ— not Naboth accused of iniquity rebellion treason for that he did hot yeeld up preâ—ently his Vinyard when his Princes demanded the same seeing
it was not his but theirs Why doe the Kings of England France and Spain ask money of their Subjects in Parliaments if they might take it as their own Why are those contributions â—ermed â—y the name of Subsidies helps benevolences lones c. if all be due and not voluntary of the Subjects part How have Parliaments oftentimes denyed to their Princes such helps of money as they demanded Why are their Judges appointed to determine matter of Suits Pleas between the Prince and his Subjects if all be his and the Subject have nothing of his own And last of all why doth the Canon Law so streightly inhibit all Princes upon pain of excommunication to impose new impositions taxes upon their people without great consideration necessity free consent of the givers if all be the Princes nothing of the Subject Nay why be all Princes generally at this day prohibited to alienate any thing of their own Crown without consent of their people if they only be Lords of all and the People have interest in nothing And hereby also we may gather what the Prophet Samuel meant when he thretned the Jews with the disorders of Kings that should reign over them not that these disorders were lawfull or appertained to a righteous King but that seeing they refused â—o be under the moderate government of their high Priests and other Governors which God had given them hitherto required to be ruled by Kings as other Heathen Nations of Egipt Babilon Syria Persia were whose manner of Government not only Historiogrâ—phers but Phylosophers also Aristotle among the rest doth note to have been very tyrannicall Arist l. 5. pol. c. 11. Joseph l. 6. ant c. 4. yet for that the Jews would needs haue that government as a matter of more pomp glory then that which hitherto they had had Samuel did first iusinuate to them what extortion wickednesse those Heathen Kings did use commonly over their people in taking their children servants wives goods the like from them that many Kings of Israel should do the like take it for their right and Soveraignty should oppose tyranize over them inforce them to cry out to God for help they should not find remedy for that so heddily they had demanded this change of Government which highly displeased Almighty God And this is the true meaning of that place if it be well considered and not to authorize hereby injustice or wickedness in any King seeing the principall pointâ— recorded to all Princes and Kings through all course of Scripture are diligere inducrum justitiam apprebendere disciplinam â—facere veritatem that is to say to love judgement and justice to admit discipline and to execuâ—e truth and this is the instruction that God gave to the Jewes in Deutronomy Deut. 17. 3. Reg. 2. 10 for their Kings when they should have them which God foretold many yeares before they had any and this is the admonition that King David left unto Psal the 2. his Sonne and successour Salomon at his death and by him to all other Kiogs and Princes and for want of observing their points of judgement justice discipline and truth wee see not only Achab and Iezabel before mentioned grievously punished but many other Kings also by God himselfe as Achaz Manasses Ioachim and the like which had not been justice on Gods part so to punish them if it had been lawfull for them to use that manner of proceeding towards their people as these good instructors of Princes in out daies most fondly and wickedly do affirme and thus much for that place But to the point by what Law the Common-wealthes did punish their evill Princes it is by all law divine and human divine for that God dath approve that form of government which every common-wealth doth chuse unto it selfe as also the conditions statutes und limitations which it selfe shall appoint unto her Princes as largely before hath been declared And by all human law also for that all law both naturall nationall and positive doth teach us that Princes are subject to law and order and that the common-wealth which gave them their authority for the commmon good of all may also restraine or take the same way again if they abuse it to the common evill And whereas these men say that like as if a private man should make his inferiour or equall to be his prince he could not after restrain the same again and so neither the common wealth having once delivered away her authority I answer first that the comparison is not altogether like for that a privat man though he give his voice to make a Prâ—nce yet he being but one maketh not the Prince wholly as the Common wealth doth and therefore no marvaile though it lie not in a perticular mans hand to unmake him again besides this a privat man having given his voice to make his Prince remaineth subject and inferiour to the same but the whole body though it be governed by the Prince as by the head yet is it not inferiour but superiour to the Prince neither so giveth the common wealth her authority and power up to any Prince that she depriveth her self utterly of the same when need shall require to use it for her defence for which she gave it And finally which is the chiefest reason of all and the very ground and foundation indeed of all Kings authority among christians the power and authority which the Prince hath from the common wealth is in very truth not absolute but potestas vicaria or deligata that is to say a power deligate or power by commission from the common wealth which is given with such restrictions cautels and conditions yea wiâ—h such plaine exceptions promises and oathes of both parties I meane between the King and common wealth at the day of his admission or coronation as if the same be not kept but willfully broken on either part then is the other not bound to observe his promise neither though never so solemnly made or sworn for that in all bargains agreements and conâ—racts where on part is bound mutually and reciprocally to the other by oath vow or condition there if one side go from his promise the other standeth not obliged to performe his and this is so notorious by all law both of nature and nations and so conform to all reason and equity that it is put among the very rules of both the civill and cannon law where it is said frustra a fidem sibi quis postulat servari ab eo cui sidem a se prestitam servare recusat He doth in vaine require promise to be kept unto him at an other mans hands to whom he refuseth to performe that which himselfe promised and againe Non abstringitur quis â—uramento ad implendam quod juravit si ab alia parte non impletur cujus respectu praebuit juramentum A man is not bound to performe that
which by oath he prâ—mised if on the other part that be not performed in respect whereof this oath was made as for example if two should sweare the one to assist the other upon the way in all respectâ— after falling upon enemies that were either kin or friends to the one of them he should take their part against his fellow cleer it is that the other were not bound to keep his oath toward that Party that hath so wickedly broken it unto him Nay not only in this case that is so evident palpable by nature it self but in many other also it is both lawfull honest convenient to leave sometimes the performance of our oath as namely when the fulfilling thereof should containe any notable hurt or inconvenience against Religion Piety justice honesty or the weal publike or against the party himself to whom it was made as if a man had sworn to restore a sword to a mad or furious man wherewith it were likely he would destroy himself others and other like cases which Cicero putteth down in his first book of offices deduceth them from the very ground of nature and reason it self saith that it were contrary to the duty of a good or honest man in such cases to perform his promise Our Divines do also alledge the example of Herod that had sworn to the daughter of Herod as to give her what she demanded who demanding the head of St. John Baptist Mat. 24 though Herod were sory for the same yet saith the text that for his oaths sake he commanded it to be performed which yet no man will deny but that it had been far better left unperformed the oath better broken then fulfilled according to another rule of the law which saith in malis promissis fidem non expedit observari Regul 68. in fine 6. Decret it is not expedient to keep our promise in things evill promised And finally to this purpose to wit to determine how many ways an oath may be lawfully broken or not kept there is a whole title in the Canon law containing 36 chapters wherein are set down many divers most excellent evident cases about the same determined by Gregory the 1. other antient Popes Doctors and in the second part of the Decret there is alledged this sentence out of Isidorus established for law in malis promissis rescinde fidem in turpi voto muta decretum impia enim promisso quae scelere impletur that is in evill promises perform not your word in an unlawfull vow or oath change your determination for it is an impious promise which cannot be fulfilled but with wickednesse and the very same matter is handled in the question following which is the fist throughout 23 whole chapters together So as nothing is more largly handled in our law both Civill Canon then this matter of promises oaths how when why in what cases they hold or bind and when noâ— All which to apply it now unto our matter of Kings that we have in hand we are to understand that two evident cases are touched here as you see when a Subjects oath or promise of obedience may be left unperformed towards his Prince the first when the Prince observeth not at all his promise oath made to the Common-wealth at his admission or coronation the other when it should turn to the notable dammage of the weal publike for whose only good the Princes office was ordained proved if the Subject should keep perform his oath promise made unto his Prince And both these cases are touched in the deprivation of Childerike the last K of France of the first line of Pharamond for that as Paulus Emâ—lus Belforest Gâ—rard and other French stories do testifie Emâ—l l. 2. Hist Fran Belforâ—n vita childeâ— Girard lib 3. the Bishop of Wirtsburg that in the name of all the Nobility and Common-wealth of France made his Speech to Zachary the Pope for his deposition and for the election of Pepin in his place alledged these reasons saying Truth it is that the French have sworn fidelity unto Châ—ldericke as to their true naturall King but yet with condition that he on his part should also performe the points that are incident to his office which are To defend the Common-wealth protect the Church of Christ resist the wicked advance the good the like and it he doe this then the Fâ—ench are ready to continue their obedience allegeance unto him but if he be apt for none of these things neither fit either for a Captain in War or for a Head in Peace and if nothing else may be expected while he is King but detriment to the State ignominy to the Nation danger to Christ Religion and destruction to the Weal Publike then it is lawfull for you no doubt most holy Father to deliver the French from this band of their oath to testifie that no promise can bind this Nation in perticular to that which may be hurtfull to all Christendome ingenerall Thus far that Bishop and his speech was allowed and Chelderick deposed and Pepin made King in his place By this then you see the ground whereon dependeth the righteous and lawfull deposition and chastisement of wicked Princes viz. their fayling in their oath promises which they made at their first enâ—rance that they would rule and govern justly according to law conscience equity and religion wherein when they fayle or wilfully decline casting behind them all respect of obligation and duty to the end for which they were made Princes and advanced in dignity above the rest then is the Common wealth not only free from all Oaths made of obedience or allegeance to such unworthy Princes but is bound moreover for saving the whole body to resist chasten remove such evill heads if she be able for otherwise all would come to destruction ruine and publike desolation And here now comes in all those considerations which old Phylosophers Law-makers such others as have treated of Common-wealths are wont to lay down of the difference contrariety between a King a Tyrant Plat. dial 1 de repub Arist. l. 2. pol. c. 5. for that a King as both Plato Aristotle doth declare when once he declineth from his duty becommeth a Tyrant that is to say of the best most Soveraign thing upon earth the worst most hurtful creature under Heaven for that as the end office of a King is to make happy his Common-wealth so the butt of a Tyrant is to destroy the same And finally the whole difference is reduced to the principal head that before I have mentioned to wit That a King ruleth according to equity oath conscience justice law prescribed unto him the other is enemy to all these conditions There is a speciall book set forth of this matter by one Bartolus Father of Civil Law where the matter is handled
largly as also how lawfull commendable it is to resist any Tyrant He concludeth with Cicero in his books de legibus where he saith ut populo Magistratus ita Magistratut presunt leges Cicero l. 3. dt legibus A good Prince or Magistrate makeâ—h his accompt that as he is over the People so Laws are over him and a Tyrant the contrary And greatly is commended the saying of Theodosius Valentiman two worthy Emperors recorded in our civil Law who said Digna vox est Majestate regnantis legibus se allegatum fateri It is a speech worthy the Majesty of him that reigneth to confes that he is bound unto the Laws the contrary saying of the Tyrant Cajus Caligna is justly detested by all Writers who said unto one as Suetonus reporteth Memento mihi omnia in omnes licere remember that all things are lawful unto me against all men without exception The saying also of the famous Emperor Trajan deserveth immortal memory commendation who when he delivered the Sword to a Pretor or Governor of Rome to do justice he added these words Take this Sword if I do reign justly use it for me and if not then use it against me which in effect substance are the very same words which our Christian Princes at this day do use at their entrance and coronations when they promise swear to rule justly according to the laws Statutes Ordinances of their country upon that condition do take the oathes of their subjects obedience protesting there withalâ— that if they perform not this that then their subjects are free as before from all alegeance and then may the common wealth as also the very officers themselves of such a Kiug use their sword against him who gave it to them for the publique good if need so â—equire as Trajan commanded Concerning oathes and promises made by Princes at their first admission to government for as much as not nature but the election and consent of the people had made their first Princes from the beginniug of the world most certaine it appeared and conforme to all reason that they were not preferred to this eminent power and dignity over others without some condiâ—ions and promises made also on their parts for using well tâ—is supreme authority given unto them seeing it is not likely that any people would ever yeetd to put their lives goodes and liberties in the hands of an other without some promise and assurance of justice and equity to be usâ—d towards them and hereof came to passe that both the Romans and Grecians to their ancient Kings prescribed laws and limites And in every common wealth the more orderly the Prince commeth to his crown and dignity the more expresse and certain have been ever these conditions and agreements between him and the pâ—â—ple as one the other side the more violeutly the Prince getteth his authority or by tyranny and disorder as those ancient and first Tyrants of Assiria to wit Nemâ—ed Belus and the like that by meere force and guile got rule over others and the old King of Egypt and Babilon and those of the Roman Emperours that by violence of Souldiers only got â—nto the Royall seat and all such as at this day do get by force to raine among toâ— the Turâ—es among these I say it is no marvaile though few conditions of just dealing may be expected though I doubt not but get to their followers and advancers these men also do maâ—e large promises of good government as the beginoing as all ambitions men are wont to do though with little intention of performance But in all good and well ordered common wealths where matters passe by reason conscience wisdome and consultation and especially since christian religion hath prevailed and given perfection to that naturall light which morrall good men had bâ—fore in matters of governmentâ— since that time I say this â—oint of mutuall and reciprocall oathes between Princes and subjects at the day of their coronation or admission for all are not crowned bave beene much more estâ—blished made clear and put in vre And this form of agreement and convention between the commou wealth and their chtistian head or King hath beene reduced to a most sacred and religious kind of union and concord then before for that the whole action hath bâ—euâ—don by Bishops and ecclesiasticall Prelats and the astipulation and promises made on both sides have passed and beene given receaved and regestred with great reverence in sacred places and with great solemnity of religious ceremonies which before were not so much used though all waies there were some And therfore our examples at this time shall be only of Christian common wealths for that they are more peculiarly to our purpose Firâ—â— then to begin with the East or Greeke Emperours of Constantinople as the most ancient among other for that after the Empire once translated from Roome to Constantinople by our Constontine the great and the first Christian Emperour that ever did publiquely shew himselfe for such these Greeke emperours were the most eminent Princes of all christianity among whom I do find that albeit their ther comming to the Crown were nothing so orderly for them puâ— as at this day it is used but many times the meanes thereof were turbulent and sediâ—ious yet find I as I say that above a thousand yeares one they were wont to have anoth exacted at their hand by rhâ—â— paâ—riark of Constantinople who was the chiefe Prelate for thus writeth Zonâ—ras of the câ—ronation of Aâ—astaâ—ius the first that succeeded Zeno obout the veare of 〈◊〉 5 4 Amequam coronaretur fidei confessionam scriptâ—m quae ollic câ—retur se in dogmatibus Ecclesiastic 〈◊〉 esse novatu uâ—â— ab eo exegiâ— patrlar◠〈…〉 vir sanctus orthodoxus he 〈…〉 being a help and catholique maeâ—â—equired of Anastâ—tius â—lâ—cted Emperour before he was crowned a couâ—â—sion 〈…〉 should proâ—ise to change or innovate nothing in mattâ—rs perteining tâ— the doctrine of the 〈◊〉 and the same haâ—e Nicepbâ—◠〈◊〉 and otâ—ers And not onely this but divers other conditions also doth the same author insinuate that this Anaasâ—tius promised at his coronat on before he could be crowned as among other things the taking away of certaine tributes and impositions the giving of Offices without money and other like points apperteining to reformation and good government which he performed for a tiâ—e in the beginning of his government but after felâ— into the heresies of the Eutichians and banished this same good Patriarch Euphemius that had crowned him and he thrived thereafter for that he was slain by a thunder botâ— from â—eaven after he had reigned 27. yeares and was accompted for a very wicked man by all writers for that he had broken as they said the conditions quas gravi juramento scriptis â—elato confirmasset That is to say the conditions which he had avowed and confirmed with a grave oath â—he like I read about
300. years after recorded by the same author of the Emperour Michaell the first in these words The Grecian Emperours oath Michaell ubi dilaxit magnam ecclesiam ingressus a Patriarcha Nicephoro imperatorio diademate est ornatus post silato scripto quo promilleret se nulla eccleisa instituta violatuâ—um neque christianorum sanguine manus contaminaturum Zon. Toâ— 3. in vita Mich. An. 820. â—hich is Michell new chosen Emperour came early in â—he morning into the great Church of Constantinople and was crowned there with the Emperial crown by the hands of Nicephorus the Patriarch but yet so as he was first required to swear and promise by writing that he would never violate the ordinances of the Church nor contaminat is hands with christian bloud which in effect is as much to say as that he should reign godly justly many other such examples might be alledged but by this it is easie to see what was the fashion of admitting crowning those Grecian Emperours by their Patriarks in the name of all the Common-wealth which Common-welâ—h was not satisfied with an oath except also it were set down in writiâ—g And if we passe to the Latine VVest Empire which about this very time was restored by Zachary the Pope by the whole Common-welth of Rome was given to Chaâ—les the great his Posterity we shall find that this point is more setled more inviolably kept vet in this Empire then in the other for albeit that this Empire 〈◊〉 West went by succession for the most part at the begining untill afterwards it was appointed by Pope Gregory the 5. to passe by the election of certaine Princes in Germany that now enjoy that priviledge to be Electors yet shal we see alwayes that they even before this constitution when this dignity went by succession were never admiâ—ted to the same without this circumstance of swearing to conditions of righteous government the forme manner o which admission for that I find it set down more perfectly perticulerly in the coronation of Oâ—ho the I then of any other Emperor that by many Authors that this Otho was son heyr unto the famous Emperor of Hen. 1. of that name Duke of Saxony surnamed the Faulkner for the great delight â—e had in the flight of Faulcons Saxo Gram. l. 10. Cranzio l. 3. metro c 12. for these causes I mean to begin with the coronation of this man before any other This otho then son to H. â— though being his heir so named by H. himself to the inheritance of the said râ—â—wn of Germany yet was he not admitted thereunto untill he had made his oath received his new approbation by the people for so the story saith that the Archbishop of Moguntia the chief Prunate of all Germany bringing him to the Alter where he must swear said these words unto the people Behold I bring you here Otho chosen by God appointed ouâ— by his Father Henry our Lord now made King by all the Princes of this Empire if this election please you do you signifie the same by hoâ—â—dinâ— up your hands to Heaven Whitich ndus gest Saxon lib. 1. And theâ— upon the said Archbishop turned about to the Alter where lay all the ornaments ensigns of the Empire as the sword with the girdle the cloke with the bracelets thâ— staf with the scepter diadem every one whereoâ— the Archbishop out up â—n the Emperor telling him the signification of every thing what it did bind him unâ—o as for example when he put the sword about him he said accipe hunc gladium quo ejicias omnes Christi adversariâ—s maâ—os christianos authoritate divino per Episcopos tibi tradita wâ—tâ—chin l. 2 which is take unto thee this sword whâ—reby thou mayst cast out drive away all the enemies of Christ whether they be barbarous infidels or evill christians this by the authority of God delivered unto thee by us And thus he â—id with all other ornaments ensigns telling the signification obligation of every one taking the Emperours promise to perform all And after al Rex persusus olco sancto coâ—onatur diademate aureo ab Episcopis ab eisdem ad soticitur in eo colocatur The King being annointed with holy oyle was crowned by the Bishops and by the same was brought to the royall seat and therein placed This happened about the year of Christ 940. and the ceremony is recounted in ore amply in this mans coronation then in any other both for that he was a very noble prince and the very first of the Germain nation that was lawfully and orderly preferred to the imperiall feat after that it passed from the children of Charles the great and there be divers points worthy the noting in this example and among other that albeit he were lawful King and Emperour by succession as also by appointment of his Father yet was he chosen and admitted againe by the Princes and people and that he swore to fulfill all those points and conditions which the signification of the Emperial ornaments did bind him unto After this about 60 Yeares or more Pope Gregory the 5. in a synod holden in Rome did by the consent of Otho the 3. Empâ—ror Nephew unto this other Othâ— appoint a certain form of Election for the time to come of the German Emperour that he should be chosen by six Princes of Germany three eclesiasticall which are the Arch-Bishops of Moguntia Colen and Trevires and three temporall Lords Blend decad 2 li. 3 Crant l. 4. cap. 25. Duke of Saxony the County Palatine of Rhene and the Marques of Brandeburg and when these 6 voices should happen to be equally devided then that the Duke of Bohemia for then it was no Kingdom should have place also to determin the election All which was determined in the Yâ—are of Christ 996. in Rome and approved afterward by all the Princes of Germany and allowed by all other Christian Princes and states of the world and so endureth unto this day And among all other points of this his Coronation and his Oath to be taken for his well government was and is most exactly set downe and recorded by many historiographers of that time and since But I shall alleadge them only out of Iohn Sleydan as the most convenient Authour for this our time and purpose Sleyd l. 1. Histor An. 1519. First of all after any man is chosen Emperor he is to be called only Cesar and the King of the Romans and not Emperour untill he be Crowned and the conditions which he sweareth unto presently after his election Are to defend the Christian and Catholique Religion to defend the Pope and Church of Rome whose advocate he is to minister iustice equally to all to follow pâ—ace to keepe and observe all Lawes Rights and Priviledges of the Empyâ—e not to alienat or engage the possessions of the Empyre to condemn
no man without hearing his cause but to suffer the course of law to have his place in all and whatsoever he shall doe otherwise that it be void and of no Validitie at all Vnto all these Articles he sweareth first by his Legates and then he giveth a copy of his Oath in writing to every one of the six Electors and after this he goeth to the City of Aquis-gran to be crowned in the great Church where about the middle of the Masse the Arch Bishop of Colen goeth unto him in the presence of all the people and asketh whether he be ready to sweare and promise to observe the Catholick Religion defend the Church Minister Iustice protect the Widdows and Fatherlesse and yeald dutifull honour and obedience to the Pope of Rome whereunto he answering that he is ready to do all this the Arch-Bishop leadeth him to the high Alter where he sweareth in expresse words all these Articles which being done the said Arch-Bishop turning himselfe to the Princes of the Empyre and people there present doth aske them whether they be content to swear obedience and fealty unto him who answering yea he is annointed by the said Arch-Bishop before the Alter and then do come the other two Arch-Bishops of Moguntia and Treveris and do lead him into the Vestery where certain Deacons are ready to apparrel him in his robes and do set him in a Chayre upon whom the Arch-Bishop of Colen saith certain prayers and then delivereth him a Sword drawn and putteth a Ring upon his Finger and giveth him a Scepter in his hand and then all the three Arch-Bishops together do put on the Crown upon his head and leading him so crowned and appareled uâ—to the high Alter again he sweareth the second time that he will do the part of a good Christian and Catholick Emperor Which being ended he is brought back and placed in the Emperiall Seat and Throne where all the Princes of the Empyre do sweare obedience and faith unto him begining with the three Arch-Bishops and continuing on with the three other Electors and so all the rest in order which is a notable and magesticall manner of admitting and authorizing of a Prince as you see and it is to be marked among other things that the Emperour sweareth three times once by his depuâ—ies twice by himselfe before his Subjects sweare once unto him And yet will Malignants needs have subjects only bound to their Princes and the Prince nothing at all bound to them againe In Polonia which being first a Dukedom was made a Kingdom about the same time that this forme of electing of the German Emperour was prescribed the manner of Coronation of their Kings is in substance the very same that we have declared to be of the Emperour For first of all the Arch-Bishop of Gnesua metropolitan of all Polonia cometh to the King standing before the high Alter and saith unto him these words Whereas you are right noble Prince to receive at our hands this day who are though unworthily in place of Christ for execution of this function the sacred annointing nnd other Ceremonies Ensignes and Ornaments appertaining to the Kings of this Land it shall be well that we admonish you in a few words what the charge importeth which you are to take upon you c. Alex Gua guinterum Polon Tom. 1. Oricho in Chimer fol. 9. and 106. Thus he begineth and after this he declareth unto him for what end he is made King what the obligation of that place and dignity bindeth him unto and unto what points he must sweare what do signifie the Sword the Ring the Sceptor and the Crown that he is to receive and at the delivery of each of these things he maketh both a short exhortation unto him and prayer unto God for him And the Kings Oath in these words Promiâ—o coram Deo angelis ejus I do promise and sweaâ—e before God and his Anâ—els that I will do Law and Justice to all and keepe the peace of Christ his Church and the union of his catholick Faith and will do and cause to be done duâ— and canonicâ—ll honour unto the Bishops of â—his Land and to the rest of the Clergy and if which God forbid I should break my Oath I am content that the Inhabitants of this Kingdom shall owe no duty or obedience unto me as God shall help me and Gods holy Gospels Bodin derep l. 2. c. 9. After this Oath made by the King and received by the subjects the Lord Martiall Generall of the whole Kingdom doth aske with a loud voice of all the Councellors Nobility and people there present whether they be content to submit themselves unto this King or no who answering yea the arch Bishop doth end the residue of the ceremonies doth place him in the royal Throne where all his Subjects do homage unto him and this for Polonia In Spayne I do find that the manner of admitting their Kings was different and not the same before and after the distruction thereof by the Moores buâ— yet that in both times their Kings did swear in effect the self-same points which before have been mentioned in other Kingdoms For first before the entring of the Moores when Spayne remained yet one generall Monarchie under the Gothes it is recorded in the fourâ—h nationall Councel of Toledâ— which was holden the year of our Lord 633. according to Ambrosio Morales the most learned and diligent historiographer of Spayne Amb. Morales li. 11. c. 17. hist Hisp praefat ejusdem concilij though others do appoint it some few years after in this Councel I say it is said that their new King Sâ—ssinandus who had expelled Suintila their former King for his evill Government This King Sissinandus I say coming into the said Councel in the third yeare of his reigne acâ—ompanied with a most magnificient number of Nobles that waited on him did fall down prostrate upon the ground before the Arch-Bishops and Bishops there gathered together which were 70. in number and desired them with teares to pray for him and to determine in that Councel that which should be needfull and most convenient both for maintaining of Gods Religion and also for upholding and prospering the whole Common-Wealth whereupon those Fathers after matters of Religion and reformation of manners which they handled in 73. Chapters In the end and last Chapter they come to handle matters of Estate also Concil Tol. 4. c. 74. And first of all they do confirme the deposition of King Suintila together with his Wife Brother and Children and all for his great wickednesse which in the Councel is recounted and they do deprive them not onely of a little to the Crown but also of all other goods possessions moveables and immoveables saving only that which the new Kings mercy should bestow upon them and in this Councel was present and subscribed first of all others â—sidorus Arch-Bishop of Siuil who writing his History of Spayne dedicated the same
unto this King Sissinandus Ambros Maral l. 11. cap. 17. and speaketh infinite good in the same of the vertues of King Suintila that was now deposed and condemned in this said Councel whereby it is to be presumed that he had changed much his life afterward became so wicked a man as here is reported After this the Councel confirmeth the Title of Sissinandus and maketh decrees for the defence thereof but yet insinuateth what points he was bound unto and whereunto he had sworn when they said unto him To quoque pâ—â—aesentem 〈◊〉 Ac juturos aelatum sequentium principes c. We do require you that are our present King and all other our Princes that shall follow hereafter with the humility which is convenient that you be meeke and moderate towards your Subjects and that you govern your people in justice and piety and that none of you do give sentence alone against any man in cause of life and death but with the consent of your publike Councell and with those that be Governours in matters of judgement And against all Kings that are to come we do promulgate this sentence that if any of them shall against the reverâ—nce of our Lawes exercise cruel authority with proud domination and Kingly Pompe only following their own concupiscence in wickednes that they are condemned by Christ with the sentence of excommunication and have their separation both from him and us to everlasting judgement But in the next two yeares after the end of this Councel King Sissinandus being now dead and one Chintilla made King in his place there were other two Councels gathered in Toledâ— the first whereof was but Provinciall and the second Nationall and they are named by the names of the fifth and sixt Councels of Toledo Ambros Moral l. 11. cap. 23. 24. In the which Councells according to the manner of the Gothes who being once converted from the Arrian haereâ—ie were very catholick and devout ever after and governed themselves most by their Clergy and not only matters of Religion were handled but also of State and of the Common Wealth Concil 5. cap. 2 3 4. 5. conc 6. cap. 16. 17 18. especially about the succession to the Crown safety of the Prince provision for his Children friends Officers and favorites after his death and against such as without election or approbation of the Common-Wealth did aspire to the same all these points I say were determined in these Councels and among other points a very sâ—vere decreâ— was made in the sixt Councel concâ—rning the Kings Oath at his admission in these words Consonan une corde ore promulgamus Deo placituram sententiam Coucil Td. 6. c. 3. We do promulgate with one heart and mouth this sentence agreeable and pleasing unto God and do decree the same with the consent and deliberation of the Nobles and Peeres of this Realme that whosoever in time to come shall be advanced to the honor and preferment of this Kingdom he shall not be placed in the Royall Seat untill among other conditions he hath promised by the Sacrament of an Oath that he will suffer no man to break the Catholick Faith c. By which words especially among other conditions is made evident that those Princes sweare not only to keepe the Faith but also such other conditions of good Government as were touched before in the fourth Councel and these things were determined while their King Chintillâ— was present in Tolledo as Ambrosio Morales â—oteth Ambros Moral lib. 1. cap. 23. The distruction of Spayne Before the entrance of the Moores and before the dividing thereof into many Kingdoms which happened about â— hundreth yeares after this to wit in the year of our Saviour 713. and 714. But after the Moores had gayned all Spayne and divided it between them into divers Kingdoms Ambros Moral li. 13. c. 1. 2 de la Chron. de Espâ— yet God provided that within foure or five yeares the Christians that were left and fled to the Mountaines of Asturias Biscay found a certain young Prince named Don Pelayo of the ancient blood of the Gotish Kings who was also fled thither and miraculously saved from the enemies whom they chose straight wayes to be their King and he began presently the recovery of Spayne and was called first King of Asturias and afterward of Leon and after his successors got to be Kings also of Castilia and then of Toledo and then of Aragon Barcelona Valentia Murcia Cartagena 〈◊〉 Cortuba Granado Siuil Portugall and Nauarra all which were different Kingdoms at that time so made by the Moores And all these Kingdoms were gained againe by little and little in more then 700. yeares space which were lost in lesse then two years and they never came again indeed into one Monarchy as they were under Don Rodâ—igo their last King that lost the whole untill the yeare of our Lord 158â— when Don Philippe King of Spayne re-united again unto that Crown the Kingdom of Portugall which was the last peece that remayned seperated and this was almost 900. yeares after Spayne was first lost But now to our purpose the Chronicler of Spain named Ambrosio Morales doth record in his Chronicle a certain Law written in the Gotish-tongue left since the time of this Don Pelayâ— the first King after the universal distruction of Spain the title of the Law is this Como se an delevantar Reyen Espùa y como el ha de lurar los fueros Ambros Moral l. 13. c. 2. that is to say how men must make their King in Spain and now he must swear to the priviledges and liberties of that Nation then he putteth the Articles of the Law whereof the first saith thus before all things it is establishâ—d for a law liberty and priviledge of Spayne that the King is to be placed by voices and consent perpetually and this to the intent that no evill King may enter without consent of the people seeing they are to give to him that which with their blood and labours they have gained of the Moores Lucas Episcop Tuyens in histor Hispan Loudou de molin lib. de hered Thus far goeth this first article which is the more to be marked for that divers and those most ancient Spanish Authors do say that from this Don Pelayo the succession of Kings descended ever by propinquity of blood and yet we see that election was ioyned there withall in expresse termes The second part of the law containeth the manner of ceremonies used in those old dayes at the admission of their Kings which is expressed in these words let the King be chosen aud admitted in the Metropolitan City of this Kingdome or at least wise in some Cathedrall Church and the night before he is exalted let him watch all night in the Church and the next day let him here masse let him offer at Masse a peece of Scarlet and some of his own money and after let him communicate
and when they come to lift him up let him step upon a buckler or target and let the cheife and principall men there present hold the Target so lifting him up let them the people cry three times as hard as they can Real Real Real Then let the King command some of his own money to be cast among the people to the quantitie of the hundrâ—d shillings and to the end be may give all men to understand that no man now is above him let himselfe tye on his own Sword in the form of a crosse and let no Knight or other man beare a Sword that day but only the King This was the ould fashion of making Kings in Spain which in effect and substance remaineth still though the manner thereof be somewhat altered for that the Spanish Kings be not Crowned but have an other ceremony for their admission equall to coronation which is performed by the Arch-Bishop of Toled primat of all Spain as the other Coronations before mentioned are by the Arch-Bishop of Moguntia to the Emperour and by the Arch-Bishop of Guesna to the King of Polonia and by the Arch-Bishop Praga to the King of Bohemia and by the Arch-Bishop of Praga to the King of Portuga as was by the Arch-Bishop of Canterbury to the King of England and by the Arch-Bishop Rhemes to the King of Fraunce of which Realme of France we may not omit to say somewhat in particular seeing it is so goodly a Kingdome and so neere to England not only in Cituation but also in Lawes manners and customes and as the race of English Kings have come from them in diverse manners since the conquest so may it be also supposed that the principall ceremonies and circumstances of this action of Coronation hath beene received in like manner from them First then touching the act of Cornation and admission of the King of France even as before I have said of Spayne so also in this Kingdom do I find two manners of that action the one more ancient which the French doe say hath indured in substance from their first Christian King named Clodoueus unto this day which is nigh Twelve hundred yeares for that Clodouius was Christened the yeare of our Lord 490. in the City of Rhems by Remigius Bishop of that City and annointed also and Crowned King by the same Bishop which manner and order of anoynting and Coronation endured after for about six hundred yeares unto the time of Henry the first and King Phillip the first his sonne both Kings of France At what time which is about 500. yeares a gone both the Chroniclers and Cosmographers of France do testifie that there was a peculier booke in the library of the Church of Beuais conteining the particuler order of this action Belfor l. 3. c. 20. Thevet cosmograph univers l. 15. c. 2. Papir masson annal l 3. pag 2. 15. which had endured from Clodoâ—eus unto that time Which order for so much as toucheth the solemnite of officers in the Coronation and other like circumstances was far different at that time from that which is now for that in those dayes there were no Peers of France appointed to assist the same Coronation which now are the chiefe and the greatest part of that Solemnitie Yea Girard du Hailan Secretarie of France in his third booke of the affaires and state of that Kingdom sayth that the ceremonies of Crowning their ould Kings were much after the fashon which I noted a little before out of the law of Dan Pelayâ— first King of Spaine after the Moores for that they were lifted up and carried about upon a Target by the chiefe subjects there present as the Spaniards were But as touching the principal point of that action which is the substance of admitting the King unto his Royal authority and oath by him made oâ— Governing well and justly and of the reciprocall oath of obedience made to him againe by his subjects it was not much different from that which now is as shall appeare by the Coronation of the foresaid Phillip the first who was crowned in the life and presence of his Father King Henry after the fashion then used in the yeare of Christ 1059. and it was in manner following as Nangis and Tillet both authours of great authoritie among the French do recount it and Francies Belforest out of them both repeateth the same at large in these words following Francis Belfor hist Fran. lib. 3. c 20. in vita Philip 1. King Henry the first of this name seeing himselfe very ould and feeble made an Assembly of all the states of France in the City of Paris in the yeare of Christ 1059. where bringing in his young sonne and heire Philâ—p that was but 9. yeares of age before them all he said as followeth The speach of the Father Hetherto my deare freinds and subjects I have bin the head of your Nobility and men at armes but now by mine age and disposition of body I doe well-perceive that ere it be long I must be seperated from youâ— and therefore I dâ—sire you that if ever you have loved me you shew it now in giving your consent and approbation that this my sonne may be admitted for your King and apparaled with the Royall ornaments of this Crowne of France and that you will sweare fealtie unto him and do him homage Thus said the King and then having asked every one of the assistance in particuler for his consent apart and afterwards the whole assembly ingenerall whether they would swear obedience to him or no and finding all to promise with a good will he passed over the feast of the assention with great ioy in Paris and after went to Rhemes with all the Court and Tryan to celebrate the Coronation upon the feast of Whitsunday Thus far are the words of William de Nangis alleadged in the story of France by Balforest and it is to be noted first how the King did râ—quest the nobility and people to admit his sonne and secondly how â—e did aske there consents a part for that these two points do evedently confirm that which I said at the begining that only succession is not sufficient but that Coronation ever requireth a new consent which also includeth a certain election or new approbation of the Subjects This is proved also most manifestly by the very order of Coronation which ensueth in Belforest taken word for word out of Tillet in his Treatise of Recordes in the Chapter of â—nnointing the Kings of France in these words In the yeare of grace 1059. and 32. of the Reign of King Henry the first of this name of France and in the 4â— yeare of the seat and Bishoprick of Geruays Arch-Bishop of Rhemes and in the 23 day of May being Whitsunday King Philip the first was anointed by the said Arch-Bishop Geruays in the great Church of Rhemes before the Alter of our Lady with the order and ceremony that ensueth The Masse being bâ—gun when it
acceptance fel on his knees also to prayer that he might observe his promise and other like Ceremonies saith Stow were used and this was done the 13 of Octob. 1359. and therefore upon good reason might this same Arch-Bishop put him afterward in mind of this his Oath as before I have shewed that he did At the admission also of King Edward the fourth 1 the peoples consent was demanded very solemnly in Iohns field by London the 29 of Febr. in the year 1460 notwithstanding that King Edward had proved his Title by succession before in the Parliament holden at Westminster And now this consent of the people being had or he being thus elected at Stowes words are he went the next day in procession at Paules and offered there and after Te Deum being sung he was with great royalty conveyed to Westminster and their in the hall set in the Kings seate with Edwards scepter in his hand and then the people were asked again if they would have him King and they cryed yea yea And if any would take exception against these of King Henry and King Edward the 4 because they entred and began their Reignes upon the deprivation of other Kings then living that are yet many living in England that have seene the severall Coronations of King Edward the 6 Q. Mary Q Elizabeth K. Iames K. Charles and can witnesse that at all and every of their Coronations the consent of the people and their acceptation of those Princes is not only demanded by the publique cry of a Harold at armes which standeth on both the sides of the high Scaffold or stage whereon the Prince is Crowned and the peoples answer expected till they cry yea yea but also that the said Princes gave there their corporall oath upon the Evangelists unto the Bishop that Crowned them to uphold and maintaine faith aforenamed with the Liberties and Priviledges of the Church as also to governe by justice and law as hath been said which oaths no doubt have been sworn and taken most solemnly by all the Kings and Queenes of England from the dayes of King Edward the Confessor at the least and â—e that will see more points of these oaths set down in particuler let him read Magna Charta and he will be satisfyed By all which and by infinite more that might be said and alleadged in this matter and to this purpose it is most evident that this agreement bargain contract between the King and his Common-wealth at his first admission is as certain and firme notwithstanding any pretence or interest he hath or may have by succession as any contract or marriage in the world can be when it is solemnized by words de praesenti as our law speaketh between parties espoused before by words de futuro which is an act that expresseth this other most lively and consequently I must needs affirme it to be most absurd base and impious That only succession of bloud is the thing without further approbotion which maketh a King and that the peoples consent to him that is next by birth is nothing at all needfull be he what he will and that his admission inunctiâ—n or Coronation is only a matter of externall Ceremony without any effect at all for increase or confirmation of his right these I say are vnlearned fond and wicked assertions in flattery of Princes to the manifest ruine of Common-wealths and perverting of all Law order and reason The sixt Speech COncerning the interest of Princes before their Coronation most of them have not failed to find as shamles flatterers as themselves were either vaine or wicked Princes and for my part I am of opinion that the propositions of Belloy did rather hurt and hinder then profit the Prince for whom and in whose favour he writ them is the King of Navara whom hereby be would have admitted to the Crowne of France without all consent or admission of the Realm But I for my part as I doubt not greatly of his title by propinquity of bloud according to the law Salique so on the other side am I of opinion that these propositions of Belloy in his behalf that he should have entered by only title of birth without condition consent or approbation of the Realm as also without Oath Anointing or Coronation yea of necessity without restraint or obligation to fulfill any law or to observe any priviledges to Church Chapell Cleargy or Nobility or to be checked by the whole Realm if he rule amisse these things I say are rather to torify the people and set them more against his entrance then to advance his title and therefore in my poore judgment it was neither wisely written by the one not politiquely permitted by the other And to the end you may se what reason I have to give this censure I shall here set down his own propositions touching this matter as I find them in his own words First then he avoucheth that all families which enjoy Kingdoms on the world were placed therein by God only aud that he alone can chang the same which if he referr unto Gods universal providence quae attingit à fine vsquae in finem fortiter â—s the Scripture saith and without which a sparrow falleth not to the ground as our Saviour testyfieth Matt. 6. no man will deny but all is from God either by his Ordinance or permission but if we talke as we do of the next and immediate causes of an Empyres Princes and of their changes cleere it is that men also do and may concurre therein and that God hath left them lawfull authority so to do and to despose thereof for the publique benifit as largly before hath been declared and consequently to say that God only doth these things and leaveth nothing to mans judgment therein is against all reason use and experience of the world The second proposition of Belloy is that where such Princes be once placed in Government and the Law of succession by birth established there the Princes children or next of kin do necessarily succeed by only birth without any new choice or approbation of the people Nobility or Clergy or of the whole Common-wealth together Apolog. Cathol part 1. parag 7. And to this assertion he joyneth an other as strange as this which is that a King never dyeth for that whensoever or howsoever he ceaseth by any meanes to Governe then entreth the successor by birth not as heyre to the former but as lawfull governour of the Realm without any admission at all having his authority only by the condition of his birth and not by addoption or choice of any Apolog. pro Rege c. 6. 34. Which two propositions albeit they have been sufficiently refuted by that which hath been spoken in the last two chapters going before yet shall I now again convince more amply the untruth thereof Other two propositions he addeth Apolog. Cathol part 2. parag 7. pro Rege c. 9. That a Prince once entred to
of all that priority and propinquitie of blood in succession is greatly to be honored regarded and preferred in all affairs of digniâ—ie and principallity which is the second point are we not so absolutly and peremptorily bound thereunto alwaies but that upon iust and urgent occasions that Course may be altered and broken Which licence or liberty is indeed the only or at least wise the most principall remedy for such inconveniences as before I shewed to be farr lesse and fewer then are wont to follow of bare election alone yet did I confesse also that some did or might fall out as namely that the person who by sucession of blood is next may be unable or unâ—it or pernicious to governe in which cases the remedy is as before hath been declared hitherto helpe and assist him by lawe directions and wise councells if he be capable thereunto or else to remove him and take in another of the same blood royal though further of in degre or propinquity in his place And this is and hath ben the Custom practice of all Kingdoms and Commonwealths from the begining since succession hath ben established among them and by this means we come to remedy the difficulties and inconveniences of both kinds of making our Kings Princes which are election and succession for by succession we do remedy the inconveniences and dangers before mentioned of bare electioÌ„ to wit of strife banding ambition the like and by this other mean of adding also election consent and approbation of the Realme to succession we remedy the inconveniences of bare succession alone which inconveniences are principally that some unâ—pt impotent or evill Prince may be offered some times to enter by periority of blood whereof the Realme may deliver it selfe by this other meanes of not admitting him so as election by succession and succession again by election is salved and the one made a preservative and treacle to the other and this is the wisdom and high policy left by God and nature to every Common-Wealth for their own conservation and maintenance and every man that is of reason and iudgment and void of passion will not onely allow but also highly commend the same Now then to answer in particular to the two questions 1 what is to be attributed to succession alone and secondly what interest a Prince hath thereby to any Crowne before he be Crowned or admitted by the common wealth To the first I say that to succession alone or priority of blood only great honour reverence and â—espect ought to be borne â—s before hath been declared for that it is the principall circumstance and condition which leadeth us to the next succession of the Crown infalibly and without a strife if his propinquity be cleare and evident and that other necâ—ssary circumstances and conditions do concur also in the same person which conditions were appointed and set down at the same time and by the same authority that this law of succession was established for that both the one and the other of these 2. poinâ—s were ordained by the Common-Wealth to wit that the elder and first in blood should succâ—ed and that he should be such a person as can and will govern to the publike weale of al. To the second question I answer that an heyre apparent to a Crown before his Corâ—nation and admission by the Realm if he have the conditions before required hath the same interest to the Kingdom which the King of Romans or Cesar hath to the Germain empyre after his election and before he be crowned or to use a more familiar example to Englishmen as the Mayor of London hath to the majoralty after he is chosen and before he be admitted or have taken his Oath For as this man in rigour is not truly Mayor nor hath not his jurisdiction before his Oath and admission nor the other is properly Emperour before he be crowned so is not an heyre apparent truly King though his Predecessour be dead and he next in succession untill he be crowned or admitted to the Common-Wealth Another example is there in Mariage also whereby our matter is made more playn for in this contract go both the betrothing and actuall joyning together of the parties in wedlock the first is done by words de futuro or for the time to come and is not properly Mariage but espousal only the other is by words depresenti that is by mutual present consent given of both parties and this second is only and properly true Marriage which two points are expresly represented in the state of an Heyre apparent and of a Crowned King for that the Heyre apparent by propinquity of blood is only espoused or beâ—rothed to the Common-Wealth for the time to come and is married afterwards by present mutuall consent of both parties in the contract and knitting up of the matter as his Coronation by the Oathes which either part maketh the one to take the other and by putting on the ring and other wedding garments before mentioned in their Coronations by all which the heyre apparent which before was but espouse is made now the true King and husband of the Common-Wealth which before he was not by only succession but only a betrothed spouse or designed King Wherefore it followeth also that the Common-Wealth oweth no allegeance or subjection unto the heyre apparent in rigour of Justice untill he be crowned or admitted though his Predecessour be dead for that in very deed untill that time he is not their true King and Soveraign though for better keeping of order and avoyding of Tumulâ—â— all Common-Wealths lightly that have their Princes by succession have ordayned in these latter ages that from the death of the former Princes all maâ—ters of government shall passe in the name of his next successor if his succession be cleare and this as I say for avoyding of garboyles and under supposall of confirmation and approbation afterward of the Common-Wealth at his Coronation for which cause also and for better accompt of yeares it was ordained that the begining of the successors reigne should be reckoned from the day of the death of his Predecessor and not from the day of his Coronation as otherwise in rigour it ought to be and as in old time it was accustomed to be as Girard Secretary and Chronicler of France doth wisely note in his third book of the estate and affaires of France Girard die Haillan l. 3. del estate pag. 241. to wit that Kings in old time were wont to accompt the yeares of their reignes from the day only of their anointing and Coronation This point also that heyres apparent are not true Kings untill their Coronation how just soever their title of succession otherwise be and though their Predecessours be dead it might be confirmed by many other Arguments but especially and above all others for that the Realm is asked again three times at their Coronation whether they will have such a man to be King or
no as before hath been shewed which thing were in vain to ask if he were truly King as Belloy saith before his Coronation Again we see in all the formes and different manners of Coronations that after the Prince hath sworn divers times to govern well and justly then do the subjects take other Oathes of obedience and allegiance and not before which argueth that before they were not bound unto him by allegiance and as for the Princes of England it is expresly noted by English Historiographers in their Coronations how that no aliegeance is due unto them before they be Crowned and that only it happened to Henry the fifth among all other Kings his Predecessour to have this priviledg and this for his exceeding towardlinesse and for the great affection of the people towards him that he had homage done unto him before his Coronation and Oath taken Whereof Polidor writeth in these words Princeps Heuricus facto patris funere concilium principum apud Westomansterium convocandum eurat in quo dum de rege creando more maiorum agitabatur esse tibi contiâ—uo â—aliquot Principes ultro in ejus verba mirare coeperunt quod benevolentiae officium nulli antea priusquam Rex renunciatus esset praestitum constat adeo Henricus ab ineunte aetate spâ—m omnibus optimae indolis fecit Polydâ—r virg lib. 22. histor Angliae in vita Henrici 5. Which in English is this Prince Henry after he had finished his fathers funeralls caused a Parliament to be gathered at Westminster where whilst consultation was had according to the ancient custome of England about creating a new King behold certain of the Nobility of their own free wils began to swear obedience and loyalty unto him which demonstration of love and good will is well known that it was never shewed to any Prince before until he was declared King So great was the hope that men had of the towardlines of this P. Henry even from his tender age and the very same thing expresseth Iohn Stow also in his Chronicle in these words To this noble Prince by assent of the Parliament all the States of the Realm after 3 dayes offered to do fealty before he was Crowned or had solemnized his Oath well and justly to Governe the Common-wealth which offer before was never found to be made to any Prince of England Stow in the begining of the life of K. Henry 5. In whose narration as also in that of Polidor it may be noted that K. Henry the 5. was not called King untill after his Coronation but only Prince though his father King Henry the 4. had been dead now almost a moneth before And secondly that the Parliament consulted de Rege creando more majorum as Polidor his words are that is making of a new King according to the ancient custome of their ancestors which argueth that he was not yet King though his father were dead nor that the manner of our old English ancestors was to account him so before his admission Thirdly that this demonstration of good will of the Nobility to acknowledge him for King before his Coronation and Oath selemuized well and justly to Governe the Realm was very extraordinary and of meere good will And last of all that this was never done to any Prince before K. Henry the 5 all which points do demonstrate that it is the Coronation and admission that maketh a perfect and true King whatsoever the title by succession be otherwise And that except the admission of the Common-wealth be joyned to succession it is not sufficient to make a lawfull King and of the two the second is of far more importance to wit the consent and admission of the Realm then nearnesse of bloud by succession alone This I might prove by many examplâ—s in England it self where admission hath prevailed against right of succession as in Wil. Rufus that succeded the Conquerour and in K. Henry the 1. his brother in K. Stephen K. John and others who by only admission of the Realm were Kings against the order of succession and very specially it may be seene in the two examples before mentioned of the admission of the two Kings Henry and Edward both surnamed the 4. whose entrances to the Crowne if a man do well consider he shall find that both of them founded the best part and most surest of their titles upon the election consent and good will of the people As in their last words to their friends in Sr. Tho. Moore and Stow. Yea both of them at their dying daies having some remorse of conscience as it seemed for they had caused so many men to dye for maintenance of their severall Rights and titles â—ad no better way to appease their own minds but by thinking that they were placed in that roome by the voice of the Realm and consequently might lawfully defend the same and punish such as went about to deprive him You shall find if you looke into the doings of Princes in all ages that such Kings as were most politique and had any lest doubt or suspition of troubles about the title after their deaths have caused their sonnes to be Crowned in their own dayes trusting more to this then to their title by succession thongh they were never so lawfully and lineally discended And of this I could alleadg you many examples out of divers Countries but especially in France since the last line of Capetus came unto that Crown for this did Hugh Capetus himself procure to be done to Robert his Eldest sonne in his owne daies and the like did King Robert procure for his younger son Henry the 1. as Girard holdeth and excluded his elder onely by Crowning Henry in his owne daies Henry also did intreate the States of France to admit and Crown Philip the 1. his eldest son whilst himself reigned An. 1131. and this mans son Luys Le Cros did the same also unto two sons of his first to Philip and after his death to Luys the younger both which were Crowned in their fathers life time and this Luys again the younger which is the seaventh of that name for more assuring of his son named Philip the second intreated the Realm to admit and Crown him also in his own dayes with that great solemnity which in the former chapter hath ben declared And for this very same cause of security it is not to be doubted but that alwaies the Prince of Spaine is sworn and admitted by the Realmâ— during his Fathers reign The same consideration also moved King David 2 Reg. 1. to Crown his son Salomon in his own daies Our King Henry also the 2 of England considering the alteration of that the Realm had made in admitting K. Stephen Polyd. Stow. in vita Henrici 11. before him against the order of lineall succession by propiâ—quity of blood and fearing that the like might happen also after him caused his eldest sonne named likewise Henry to be Crowned in his life time so as
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 shâ—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 regaliâ—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 eveâ— 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
had some hope to have her sonne Reigne after David upon a certaine promise that David in his youth had made unto her thereof as also she had in the speciall favour and friendship which Nathan the Prophet and Sadock the Priest who could do much with the ould King David did beare unto her sonne Solomon aboue all the rest of his Bretheren Hereupon I say these two that is to say Queene Bersabee and Nathan the Prophet comming together to the old man as he lay one his bed and putting him in mind of his promise and oath made to Bersabee for the preferment of her Son and shewing besides how that Adonias without his order and consent had gathered an Assembly to make himselfe King even that very day which did put the old King in very great feare and anger and further also telling him which pleased him wel quod oculi totius Israel in eum â—espicerent ut indicaret eis quis sederet in solio suo post ipsum 3. Reg. 1. that is that the eyes of all Israel were upon him to see whom he would commend unto them to sit in his seat after him which was as much to say as that the whole common-wealth referred it to his choise which of his Sonnes should reigne after him Vpon these reasons and perswasions I say the good ould King was content that they should take Solomon out of hand and put him upon the Kings owne mule and carry him about the streets of Ierusalem accompanied with his guard and court and crying with sound of Trumpets Vivat Rex Salomon 3. Reg 1. and that Sadock the Priest should anoint him and after that he should be brought back and placed in the royall Throne in the palace and so indeed he was at what time King David himselfe being not able through impotencie to rise out of his bed did him honour and reverence from the place where he lay for so saith the Scriptures Adoravit Rex in lectulo suo king David adored his Sonne Salomon thus Crowned even from his bed all which no doubt though it may seeme to have been wrought by humane meanes and policy yet must we confesse that it was principally by the speciall instinct of God himselfe as by the sequell and succes we see so that hereby also we are taught that these and like determinations of the people Majestrates and common wealths about admitting or refusing of Princes to Reigne or not to Reigne ever them when their designements are to good ands and for just respects and causes are allowed also by God and oftentimes are his owne speciall drifts and dispositions though they seeme to come from man Whereof no one thing can give a more evident proofe then that which ensued afterward to Prince Roboam the Lawfull Sonne and heire of this King Salamon who after his Fathers death comming to Sichem where all the People of Israel were gathered together for his Coronation and Admission according to his right by succession 3. Reg. 12. For untill that time we see he was not accounted true King though his Father was dead and this is to be noted the people began to purpose unto him certain conditions for taking away of some hard and heavy impositions laid upon them by Salomon his Father an evident president of the oath and conditions that Princes do swear unto in these dayes at their Coronation whereunto when Roboam refused to yeald ten Tribes of the twelve refused to admit him for their King 3. Reg 11. but chose rather one Ieroboam Robohams servant that was a meere stranger and but of poore parentage and made him there lawfull King and God allowed thereof as the Scripture in expresse words doth testifie and when Roboam that tooke himselfe to be openly Injured heereby would by armes have pursued his Title and had gathered together an Army of a hundred and foure-score thousand chosen souldiers as the scripture sayth 5 Rig. 12. and 21. to punish these rebells as he calle them and to reduce these 10. tribes to their due obedience of their naturall Prince God appeared unto one Semejah a holy man and bad him goe to the camp of Roboam and tell them plainly that he would not have them to fight against their Brethren that had chosen another King but that every man should goe home to his house and live quietly vnder the King which each party had and so they did and this was the end of that tumult which God for the sins of Salomon had permitted and allowed of And thus much by the way I thought good to touch on t of holy Scripture concerning the Iewish Common-Wealth even at the begining for that it may give light to all the rest which after I am to treate of for if God permitted and allowed this in his own Common wealth that was to he the example and patern of all others that should ensue no doubt but that he approveth also the same in other Realms when just occasions are offered either for his service the good of the people and Realm or else for punishment of the sinnes and wickednesse of some Princes that the ordinary line of succession be altered Now then to passe on further and to begin with the Kingdoms of Spayne supposing ever this ground of Gods Ordinance first I say that Spayne hath had 3. or 4. races or discents of Kings as France also and England have had and the first race was from the Gotheâ— which began their raigne in Spayne after the expulsion of the Romans about the year of Christ 416. Ambros Moral lib. 11. c. 12 to whom the Spaniard referreth all his old Nobility as the Frenchman doth to the German Franckes and the English to the Saxons which entred France and England in the very same age that the other did Spayne and the race of Gothish Kings indured by the space of 300. yeares untill Spayne was lost unto the Moores The second race is from Don Pelayo that was chosen first King of Asturias and of the Mountain Countrey of Spayne after the distruction thereof by the Moores about the year of Christ 717. Ambros Moral lib. 13. c. 2. which race continued and increased and added â—â—â—gdom unto Kingdom for the space of other 300 years until the year of Christ 1034. Moral lib. 13 c. 42 43 44. when Don Sancho Mayor King of Navarra got unto his power the Earldom also of Aragon and Castiliae and made them Kingdoms and divided them among his Children and to his second sonne named Don Fernando surnamed afterward the great he gave not only the said Earldom of Castilia with title of Kingdom but by marriage also of the sister of Don Dermudo King of Leon and Austâ—rias he joyned all those Kingdoms together that day forward the 3 race of the Kings of Navair to reign in Castel and so indured for 500 years until the year of Christ 1540. when the house of Austira entred to reign there by mariage of the daughter heire Don Ferdinando
surnamed the Catholick and this was the 4 race of Spanish Kings after the Romans which endureth until this day And though in all these foure raceâ— and â—anks of Royall discents divers examples might be alleadged for manifest proof of my purpose yeâ— will not deale with their race for that it is evident by the Councell of Tolido which were holden in that very time that in those daies expresse election was joyned with succession as by the deposition of K. Suintila and putting back of all his children as also by the election and approbation of K. Sifinando that was further of by succession hath been insinuated before and in the 5 Councell of that age of Toledo it is decreed expresly in these words Si quis talia meditatus fuorit talking of pretending to be King quem nec electio omnium perficet nec Gothicae gentis nobilitas ad hunc honoris apicom trahit si consortio Catholicorum privatus divino anathemat condemuatus Concil Tol. 5. c. 3. If any man shall imagine said these Fathers or go about to aspire to the Kingdom whom the election and choice of all the Realm doth not make perfect nor the Nobility of the Gotish Nation doth draw to the height of this dignity let him be deprived of all Catholique society and damned by the câ—rse of Almighty God by which words is insinuated that not only the Nobility but of Gotish bloud or nearnes by succession was required for the making of their King but much more the choice or admission of all the Realm wherein thiâ— Councell putteth the perfection of his title Don Pelayo died in the year of our Lord 737. and left a Son named Don Fauila who was King after his Father and reigned 2. yeares only After whose death none of his Children were admitted for King though he left divers as all writers do testifie But as Don Lucas the Bishop of Tuy a very ancient Authour writeth Aldefonsus Catholicus ab universo populo Gothorum eligitur that is as the Chronicler Moralis doth translate in Spanish Don Alonso surnamed the Catholick was chosen to be King by all voyces of the Gotish Nation This Don Alonso was Son in law to the former K. Fauila as Morales saith for that he had his Daughter Ermâ—nesenda in Marriage and he was preferred before the Kings own sonnes only for that they were young and unable to govern as the said Historiographer testifieth And how well this fell out for the Common-Welth and how excellent a King this Don Alonso proved Morales sheweth at large from the 10. Chapter of his 13. Booke untill the 17. and Sesastianus Bishop of Salamanca that lived in the same time writeth of his valiant acts he was surnamed the great Sâ—â—ast Episc Saelam in hist Hisp To this famous Don Alonso succeded his son Don Frucla the first of that name vvho vvas noble King for 10 years space and had divers excellent victories against the Moores but aftervvard declining to tiranny he became hatefull to the subjects and for that he put to death vvrongfully his ovvn brother Don Vimerano Prince of excellent parts and rarely beloved of the Spaniards he vvas himselfe put dovvn and put to death by them in the year of Christ 768. And albeit this King left 2. godly Children behind him vvhich vvere lavvfully begotten upon his Queen Dona Munia the one of them a son called Don Alonso and the other a daughter called Dona Ximea yet for the hatred conceived against their Father neither of them vvas admitted by the Realm to succeed him but rather his châ—sen german named Don Aurelio brothers son to Don Alonso the Catholique vvas preferred and reigned peacably 6 years and then dying vvithout issue for this the hatred â—f the Spaniards vvaâ— not yet ended against the memory of K. Eruela they vvould not yet admit any of his Generation but raâ—her excluded thâ—m again the 2 time and admitted a brother in lavv of his named Don Silo that vvas married to her sister Dona Adosinda daughter to the foresaid noble K. Catholique Alonso So that here vve seervvice the right heyres of K. Don Fruela for his evil government vvere put back But Don Silo being dead vvithout issue as also Don Aurelio vvas before him and the Spaniards anger against K. â—ruca being novv vvel aslvvaged they admitted to the Kingdom his foresaid son Don Alonso the yonger surnamâ—d aftervvard the chast vvhom novv tvvice before put back as you have seen but novv they admitted him though his reign at the first endured very little for that a bastard uncle of his named Don Mauregate by help of the Moores put him out reigned by force 6. years in the ending vvithout issue the matter came in deliberation again vvhether the K. Don Alonso the chast that yet lived had been hidden in monastary of Galitia during the time of he yrant should returne again to govern or rather that his coseâ—n German Don vermudo son to his uncle the Prince should be elected in his place And the Realm of Spayâ—ed etermined the 2. that Don Vermulo though he vvere much further of by propinquity of blood vvithin 〈…〉 also should be admitted True it is that after three yeareâ— reign this 〈…〉 King Vâ—rmudo being weary of kingly life feeling some scruple of conscience that being Deacon he had forsaken the life Ecclesiasticall maryed though by dispensation of the Pope as Morales saith entangled himself with the affairs of a kingdom Moric 28 29. an 791. he resigned willingly the gouernment unto his said cozen Don Alonso the chast himself lived after a privat life for divers yeers but this Don Alonso who now the 4. time had been deprived of his succession as you have seen deceived the expectation of the Spaniards that accounted him a Monk for he proved the most valiant excellent King that ever that Nation had both for his vertue valour victories against the Moors building of Towns castles churches Monasteries other such works of christianity as Morales recounteth he reigned after this his last admission 51 yeers had great friendship with K. Charles the great of France who lived in the same time with him And this man among other most noble exploits so tamed the Moores of his country as during his days he never paid that cruelâ— horrible tribute which before and after was paid by the christians to the Moors Mor. l. 13 c. 45. an 842. which was 100 young Maidens 50 Sons of Gentlemâ—n every yeer to be brought up in the Religion of Mahomet among those infidell tyrants And finally this man after so much affliction came to be one of the most renowned Princes of the World After this Don Alonso who left no children for that he would never marry who lived all his life in chastity there succeeded to him by election his nephew named Don â—anurs son to the former said K. Don Vermudo the Deacon that gave this man the
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 thâ—t albeit this Don Ramâ—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 â—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. â—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. beâ—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 Commonâ—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 auâ—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 â—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 jâ—yned by these means the Kingdoms of Leon Castile together which were separate before so ended the line of Don Pelayo first Christâ—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 â—â—ose of Auâ—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 Elâ—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 â— 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 â—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 Saâ—cho younger brother to their father which Don Sancho was surnamed afterward el bravâ— 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 putbâ—ck in their Grandfaâ—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 houâ—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 saidâ— Crowne of Castile as indeed it appertâ—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 Bâ—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 heâ—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 Beâ—trâ—x Q. of Cast l. that was their lawfull heire chose this young man marryed him afterwards to the Lady Philip daâ—ghter of Iohn of Gaunt D. of Lancaster by hâ—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 â—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 pâ—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 discendantaâ— 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
to alledge out of the 2. rank only which began with the exclusion and deposition of their lawfull king Childerike the 3. and election of k. Pepin then surnamed le brefe or the little for his small stature though he were a Gyant in deeds being made king of France by meer election in the yeer of Christ 751. after 22 Kings that had reigned of the first line of Pharamond for the space of more then 300 yeers being so famous worthy a King as all the world knoweth reigned 18 yeers and then left his States Kingdoms by succession unto his eldest Son Charles surnamed afterward the Great for his famous heroicall acts And albeit the whole kingdom of France appertained unto him alone by the law of succession his Father being King and hee his eldest Son yet would the Realm of France shew their authority in his admission which Girard setteth down in these words Estant Pepâ—n decede les Francois esleurent Rois Charls Carlomon ses fils ala charge quils partageroient entre eux egalement le royaume Gir. du Haillan l. 3. an 768. which is king Pepin being dead the brench-men chose for their kings his two Sons Charles Carlomon with condition that they should part equally between them the Realm Wherein is to be noted not only the elect on of the Common wealth besiâ—es succession but also the heavy condition laid upon the heyre to part half of his kingdom with his younger brother and the very same words hath Eginard an ancient French Writer in the life of this Charles the Great to wit That the French State in a publike Assembly did chuse two Princes to be their Kings with expresse condition to divide the Realm equally as Francis Belforest citeth his words Eginard Belfor l 2. c. 5. After 3 yeers that these two Brethren had reigned together K. Carlomon the yonger dyed and left many Sons the elder whereof was named Adalgise but Belforest saith That the Lords Ecclesiasticall Temporall of France swore fidelity and obedience to Charles without any respect or regard at all of the childâ—en of Carlomon who yet by right of succession should have been preferred and Paulus Emilius a Latine Writer saith proceres regni ad Carolum ultroven entes regem tum totius Galliae sulutarunt Paâ—l Mil. hist Frâ—nc that is The Nobility of the Realme coming of their own accord unâ—o Charles saluted him k. of all France whereby is shewed that this exclusion of the children of Carlomon was not by force or tyranny but by free deliberaâ—ion of the Realm After Charles the great reigned by succession his only Son Lewis the first surnamed deâ—onnaire of hâ—s courtesie who entring to reigâ— in the yeer 817. with great applause of all men for the exceeding gratefull memory of his father was yet afterward at the purâ—uit principally of his own three sonnes by his first wise which were Lothair Pepin and Lups deposed Girard l. 1 An. 834. first in a chancell at Lions and then again at Compeigne and put into a monastery though afterward he came to reigne againe An 840. and his fourth sonne by hâ—s second wife which sonne was named Charles le châ—une for that he was bald â—ucceeded him in the states of France though after many battells against his brother Lothair to whom by succession the same apperteyned After Charles the bald succeeded Lewis the second surnamed le begue for his stuttering who was not eldest but third Son unto his Father an 878. for the second dyed before his Father the eldest was put by his succesâ—ion for his cruell demeanure this Lewis also was like to have bin deprived by the States at his first entrance for the hatred conceived against hâ—s Father Charles the baâ—d but that he calling a solemn Pâ—rl at Compeigne as Girard saith Gie l. 1. an 879 he made the People Clergy Nobility many fair promises to have their good wils This Lewis the stuttering left two bastard sons by a Concubine who were called Lewis Carlomon as also he left a litle Infant newly born of his lawfull fe Adeltrude daughter to k. Alfred of England which Infant was K. of France afterward by name of Charles the simple albeit not immediatly after the death of his Father for that the Nobles of France said that they that they had need of a man to be King not a child as Girard reporteth therefore the whole State of France chose for their Kings the two foresaid bastards Lewis the 3. Carlomon the first of that name joyntly they were crowned most solemnly divided the whole Relm between them in the yeer of Christ 881. Q. Adeltruds with her child true heir of France fled into England to her Father there brought him up for dâ—vers yeers in which time she saw 4 or 5 Kings Reigne in his place in France one after the other for briefly thus it passed Of these two bastard Kings the elder named Lewis reigned but 4 yeers and dyed without issue the 2d that is Carlomon lived but one yeer after him left a Son called also Lewis the 5. surnamed Faineant for his idle slothfull life an 886. For which as also for his vicious behaviour in perticular for taking out marying a Nun of the Abby of Baudour at Chels by Paris he was deprived made a Monk in the Abbey of S. Denis where he dyed in his place was chosen K. of France and crowned with great solemnity Charles the 4. Emperour of Rome srrnamed le gios for that he was fat corpâ—lent he was Nephew to Charles the bald before mentioned therfore the French stories say that he came to the Crown of France partly by succession partly by election Girard l. 5. an 888. but for succession we see that it was nothing worth for so much as Charles the simple the right heire was alive in England whom it seemeth that the French men had quite forgotten seeing that now they had not only excluded him three times already but afterwards also againe when this grosse Charls was for his cruel government by them deposed deprived not onely of the kingdom of France but also of his Empire which he had before he was King was brought into such miserable penury as divers write that he perished or want this time I say the States of France would not yet admit Charles the simple though hitherto his simplicity did not appear but he seemed a goodly Prince but rather they chose for King one Odo Earl of Paris Duke of Angiers caused him to be crowned But yet after a few yeers being weary of this mans government and moved also somewhat with compassion towards the youth that was in England they resolved to depose Odo and so they did while he was absent in Gascony and called Charls the simple out of England to Paris and restored him to the kingdom of France leaving only to
Odo for recompence the state of Aquitain with Title of a Duke wherwith in fine he contented himself seeing that he could get no more But yet his Posterity by vertue of this election pretended ever after a Title to the Crown of France and never left it of untill at length by Hugo Capetus they got it for Hugh descended of this King and Duke Odo This K. Charls then surnamed the simple and English womans Son being thus admitted to the crown of France he took to wife an English woman named Elgina or Ogin daughter of K. Edward the elder by whom he had a Son named Lewis and himself being a simple man was allured to go to the castle of eron in Picardy where he was made prisoner and forced to resign his kingdom unto Ralph K. of Burgâ—ndy an 927. and soon after he dyed through misery in the same castle his Q. Ogin fled inâ—o England where with her litlâ— son Lewis unto her uncle K. Adelstan as Q. Adeltrude had done before with her son unto K. Alâ—red and one of the chief in this action for putting downe of the simple was Count Hugh surnamed the Great E. of Paris Father unto Hugo Capetus which after was King But this new K Ralph lived but 3 yeers after and then the States of France considering the right title of Lewis the lawfull child of K. Charles the simple which Lewis was commonly called now in France by the name of d'Outremer that is beyond the Sea for that he had been brought up in England the said States being also greatly and continually sollicited hereunto by the Ambassadors of K. Adâ—lston of England and by Wil. Dâ—ke of Normandy surnamed long Speer great Grandfather to Wil. the Conquerour who by the K. of England was gained also to be of the young Princes part for these considerations I say they resolved to call him inte France out of England as his Father had bin before him and to admit crown him King and so they did and he reigned 27 yeers and was a good Prince and dyed peaceably in his bed the yeer of Christ 945. This K. Lewis of d'Outremer left two sons behind him the eldest was called Lothair the 1. who succeeded him in the crown of France and the 2. was named Charles whom he made Duke of Lorrain Luthaire dying left one onely son named Lewis as his Grandfathee was who was named K of France by the name of Lewis the 7. and dying without issue after two yeers that he had reigned the crown was to haye gone by lineall succession unto his Uncle Charles Duke of Lorrain second Son to Lewis d'Oâ—tremer as is evident but the States of France did put him by it for mislike they had of his person and did chuse Hugo Capetus Earl of Paris and so ended the second line of Pepin and of Charles the Great and entree the race of Hugo Capetus which endureth untill this day and the French stories do say that this surname Capet was given to him when he was a boy for that he was wont to snatch away his Fellowes caps from their heads whereof he was termed snaâ—châ—cap which some do interpret to be an abodement that he should snatch also a crown from the true owners head in time as afteward we see it fell out though yet he had it by election and approbation of the Common wealth And in this respect all the French Chroniclers who otherwise are most earnest defenders of their law of suceession do justifie this title of Hugo Capetus against Charls for which cause Frances Belforest doth alleadge the saying of W. Naugus an ancient diligent chronicler of the Abby of S. Denis in France who defendeth K. Capetus in thesâ— words We may not grant in any case that Hugh Capet may be esteemed an invador or usuroer of the crown of France se 〈◊〉 the Lords Prelats Princes Governours of the Realm did cail him to this dignity and chose him for their King and Soveraigne Lord upon which words Belforest saith as followeth I have laid before oon the words and censure of this good religious man for that they seem to me to touch the quick For in very truth we cannot by any other meanes defend the Title of Hugh Capet from usurpation and fellony then to justifie his coming to the crown by the cosent will of the Common wealth and in this I may well excuse me from inconstancy and contradiction to my self that have so earnestly defended succession before for he that will consider how add what conditions I defended that shall easily see also that I am not here contrary to the same I think it not amisse also to put down here some part of the oration or speech which the Ambassador that was sent at that time from the State of France unto Charles of Lorrain after their election of Hugh Capet Charls exclusion did use unto him in their names which Speech Girard doth reconnt in these words Gir. l. 6. an 988. Every man knoweth Lord Charles that the sucaession â—o the crown and realme of France according to the ordinary Lawes and rights of the same belongeth unto you and not unto Hugh Capet now our King but yet the very same laws which do give unto you this right of succession do judg you also unworthy of the same for that you have not endevored hitherto to frame your life and mâ—â—ers according to the prescript of those laws nor according to your use custom of your country of France but rather have allied your self with the German Nation â—ur old enemies and have acquainted your self with their vile base manners wherâ—ore seeing you have forsaken abandoned the ancient vertue sweetnes amity of the French we have also abandoned left you have chosen Hngh Capet for our King have put you back and this without any scruple or prejudice of our consciences at all esteeming it far better more just to live under Hugh Capet the present Possessour of the crown with enjoying the ancient use of our laws customs priviledges liberties then under you the inheritour by neernesse of bloud in oppressing strange customs cruelty For even as those which are to make a voyage in a ship upon a dangerous Sea do not so much respect whether the Pylot which is to guide the stern be owner of the ship or no but rather whether he be skilfull valiant like to bring them in safety to their ways end or to drown them among the waves even so our principall care is that we have a good Prince to lead and guide us happily in this way of civill politike life which is the end why Princes were appointed for that this man is fitter to be our King This message did the States of France send to Charles of Lorrain in defence of their doings with this he lost his succession for ever afterwards his life also in prison the Frenchmen thought
named Ethelwâ—lfe or Adâ—â—ulte or Edolph an 829. for all is one who succeeded him in the kingdom and was as worthy a man as his Father and this Adeluulfe again had four lawfull Sons who all in their turns succeeded by just and lawfull order in the crown to wit Ethelbald Ethelbert Ethelred and Alfred for that none of the former three had any children and all the latter three were most excellent Princes especially Alfred or Alured the last of all four whose acts are wonderfull an 8â—2 and who among other his renowned Guests drove Rollo that famous Captain of the Danes from the Boâ—ders of England with all his company into France where he got the country or Province named then Neustria and now Normandy and was the first Duke of that Province and Nation and from whom our William Conquerour came afterwards in the 6. discent This man also erected the University of Oxford being very learned himselfe builded divers good Monasteries and Churches dying left as famous a Son behind himself which was Edward the first surnamed the senior or elder Anno 900. This King Edward dying left two Sons lawfully begotten of his wife Edgina the one named Prince Edmund the other Eâ—â—â—ed and a third illegitimate whose name was Adelstan whom he had by a Concubine But yet for that this man was esteemed to be of more valour then the other he was preferred to the crown before the other two Princes legitimate an 924 for so testifieth Poâ—dor in these words Adâ—â—anus ex concubina Edwardi filius rax a populo consalutatur atque ad Kingstonum opidum more majorum ab Athâ—â—lmo cautuariensi Arel lepiscopo corâ—natur Pol. l. 5. hist ang which is Adelstan the Son of K. Edward by a Concubine was made King by the People and was crowned according to the old custome by Athelme Archbishop of Canterbury at the town of Kingston Thus far Polidor and Stow addeth further these words His coronation was celebrated in the Market place upon a stage erected on high that the King might better be seen of the multitude he was a Prince of worthy memory valiant and wise in all his acts and brought this land into one perfect Monarchy for the expelled utterly the Danes and quieted the Welch men Stow p. 136. an 924. Thus much Stow of the snccesse of chusing this King bastard to reign To whose acts might be added that he conquered Scotland and brought Constantine their King to doe him homage and restored Lewis d'Outremer his sisters Son to the Kingdom of France an 940. This man dying without issue his lawfull brother Edmond put back before was admitted to the crown who being of excellent expectation dyed after 6 yeers and left two lawfull sons but yet for that they were young they were both put back by the Realm their uncle Eâ—dred was preferred before them an 946. so saith Palidor Genuâ—t Edmondus ex Egilda uxore Edvinuus Edganum qui cum etate pueri esseâ—â— post Eldredum deinder regnarunt Pol l. 6. King Edmond begat of his wife Egilda two Sons named Edwin and Edgar who for that they were but children in yeers were put back and reigned afterward after their uncle Eldred The like saith Stow and yeeldeth the same reason in these words Eldred succeeded Edmond his bâ—other for that his Sons Edwin and Edgar were thought to young to take so great a charge upon them This Eldred though he entred as you see against the right of the Nephews yet saith Polidor and Stow that he had all mens good will and was crowned as his brother had been at Kingston by Odo Archbishop of Canterbury and reigned 9 yeers with great good will and praise of all men He dyed at last without issue aud so his elder Nephew Edwin was admitted to the crown but yet after 4 yeers he was deposed again for his lewd vicious life and his younger brother Edgar admitted in his place in the yeer of Christ 959. This King Edgar that entred by deposition of his brother was one of the rarest Princes that the world had in his time both for peace and war justice piety and valour Stow saith he kept a Navy of 3000. and 600 ships distributed in divers parts for defence of the Realm Also that he built and restored 47 Monasteries at his own charges and did other many such acts He was Father to King Edward the Martyr and Grandfather to K. Edward the confessor though by two different wives for by his first wife named Egilfred â—hee had Edward after martyrized and by his second wife Alfred he had Etheldred Father to Edw. the confessour and to the end that Etholdred might reign his mother Alfred caused K. Ed. the son of Egilfred to be slain after King Edgar her husband was dead After this so shamefull murther of K. Edw many good men of the Realm were of opinion not to admit the succession of Etheldred his half brother both in respect of the murther of K. Ed. his elder brother committed for his sake as also for that he seemed a man not fit to govern and of his opinion among others was the holy man Dunston Archbishop of Canterbury as Polidor saith Pol. l. 7. hist Ang. who at length in flat words denyed to consecrate him but seeing the most part of the Realm bent on Etheldreds side he foretold them that it would repent them after and that in this mans life the Realm should be destroyed as indeed it was and he ran away to Normondy and left Sweno and his Danes in possession of the Realm though afterward being dead hee returned againe and dyed in London This Etheldred had two wives the first Ethelgina an English woman by whom he had Prince Edward surnamed Iron-side for his great strength and valour who succeeded his Father in the Crown of England for a yeer and at his death left two Sons which after shall be named And besides this Etheldred had by his first wife other two Sons Edwin and Adelston and one Daughter named Edgina all which were either slain by the Danes or dyed without issue The second Wife of Etheldred was called Emma sister to Richard Duke of Noâ—mondy who was Grandfather to William the Conquerour to wit Father to Duke Robert that was Father to William So as Emma was great Aunt to this William and shee bare unto King Atheldred two Sons the first Edward who was afterward named King Edward the Confessor and Alerud who was slain trayterously by the Earl of Kent After the death also of King Etheldred Queen Emma was marryed to the Dane King Canutus the first of that name surnamed the Great that was King of England after Etheldred and Edmond Ironside his Son and to him she bare a Sonne named Hardicanutus who reigned also in England before King Edward the Confessour Now then to come to our purpose hee that will consider the passing of the Crown of England from the death of Edmond Iron-side elder Sonne
pretended that he was chosen before byâ— K. Edw. the Confessour that the Realm had given their consent thereunto that K. E. left the same testified in his last will testament an 1066. and albeit none of our English Authors do avow the same cleerly yet do many other forrain Writers hold it it seemeth very probable that some such thing had past both for that D. William had many in England that did favour his pretence at his entrance as also as Girard in his French story saith that at his first comming to London he punished divers by name for thâ—t they had broken their oaths and promises in that behalf Gir l. 6. â—n 1065. And moreover it appeareth that by alledging this title of election he moved divers Princes abroad to favour him in that action as in a just quarrel which is not like they would have done if he had pretended only a conquest or his title of sanguinity which could bee of no importance in the world for that effect seeing it was no other but that his Grandfather and King Edwards mother were brother and sister which could give him no pretence at all to the succession of the crowne by blood and yet we see that divers Princes did assist him and among others the French chronicles Girard so often named before writeth Chron. Cassin l. â— cap. â—4 that Alexander the second pope of Rome whose holinesse was so much esteemed in those daies as one constanâ—inus After wrote a booke of his miracles being informed by Duke William of the justnesse of his pretence did send him his benediction and a prâ—cious ring of â—od with a hollowed banner by which hee gett the victory thus writeth Girard in his French Chronicles and Antonius Archbishop of Florence surnamed Antoninus â—art 2 Chron. â—it 16. cap. 5. s 1. Sainct writing of this matter in his chronicles speaketh great good of vvilliam conqueror commendeth his enterprise But howsoever this was the victory we see he get and God prospered his pretence and hath confirmed his of-spring in the Crown of England more then 500 yeares together so as now accâ—unting from the death of King Edmond I consider unto this man we shall find as before I have said in lesse then 5â— yeares that 5. or 6 Kings were made in Engâ—and one after another by only authority and approbatiâ—n of the â—ommon wealth contrary to the ordinary course of ineall succession by propinquity of bloâ—d And al this is before the conquest but it we should passe any further down we should find more eâ—amples then before For first the two sonnes of the Conquerour himselfe that succeeded after him to wit William Rufus and Henry the first were they not both younger brothers to Robert Duâ—e of Normandie to whâ—m the most part of the realme was inclined as Polydor saith Polyd. in vita Gul. Conq. to have given the kingdome presently after the Conquerors death as due to him by succession notwithstanding that Wâ—illiam for perticular displeasure against his elder sonne and had ordeinâ—d the contrary in his testament But that Robert being absent in the War of Hierusalem the holy and learned man Lanfranke as he was accompted then Archbishop of Canterbury being deceived with vain hope of William Rufus An. 107 good nature perswaded thâ—m the contrâ—ry who was at that day of high estimation and authority in England and so might induâ—e the realme to do what he liked By like meanes gat Henry his younger brother the same crown afterwards to wit by fair prâ—mises to the peopâ—e and by help principally of Henry Newborow â—arle of Warwick that dealth with the nobility for him and Maurice Bishop of London with the cleargie for that Ansâ—lme Arch bishop of Canâ—erbury was in baâ—nishment Besides this also it did greatly helpe his cause that his elder brother Robert to whom the Crowne by reign appetteined was absent again this second time in the vvarre of Ierusalem and so lost thereby his Kingdome as before Henry having no ther title in the world unto it but by election and admission of the people which yet he so desended afterwards against his said brother Robert that came to claim it by the sword and God did so prosper him theâ— rein as he took his said elder brother prisoner and so kept him for many yeares untill he died in prison most pitifully But this King Henry dying left daughter behind him named Mawde or Mathilde which being married first to the Emperour Henry the fist he dyed witâ—out issue and then was shee married againe the second time to Geffry Pantageâ—t 〈◊〉 of Earle of Anjow in France to whom she bare a sonne named Henry which this King Henry his grand father caused to be declared for heire apparent to the Crowne in his daies buâ— yet after his disceasse for that Stephen Earl of Bollogne born of Adela daughter to William the Conquerour was thought by the state of England to be more 〈◊〉 to governe and to defend the land for that he was at mans age then was Prince Henry a child or Maâ—de â—is mother he was admitted and Henry put backe and this chiefly at the perswasion of Henry Bishâ—p of Wincheâ—â—er brother to the said Stephen as also by the sollicitation of the Abbot of Glastâ—nbury and â—thers who thought be like they might do the same with good conscience for the good of the realm though the evenâ— proved not so well for that it drew all England into factions and divisions for avoyding and ending whereof the states â—â—me years after in a Parliament at vval ingford made a agreement that Stephen should be lawfull King during his life only and that Henry and his of-spring should succeed him and that prince vvilliam King Stephens sonne should be deprived of his succession to the crowne and made onely Earle of Norfolke thus did the statâ— dispose of the crown at that time which was in the yeare of Christ 1153. To â—his Henry succeded by order his oldest sonne then living named Richard and surnamed Cordelton for his Valour but after him againe his succession was broken For that Iohn King Henries youngest sonne 〈◊〉 youuger brother to Richard whom his father the King had left so unprovided as in jest he was calâ—ed by the French Iean sens terre as if you wouâ—d say Sir Iohn lacke-land this man I say was after the death of his brother admitted and crowned by the states of England and Arthur Duke of Brittaine sonne and heir to Geffry that was elder brother to Iohn was against the order of succession excluded â—nd albeit this Arthur did seeke to remedy the matter by warr yet it seemed that God did more defend this election of the Common wealth then the right title of Arthur by succession for that Arthur was over-come and taâ—en by King Iohn though he had the King of Francâ— on his side anb he died pitifully in prison or rather as most authors do hoâ—d he was put to death by King Iohn
his uncles own hands in the castle of Roan thereby to make the titlâ— of his succession more cleare which yet could not be for that as well Stow in his chtonicle as also Matthew of vvestminster and others before him do write that Geffry beside 〈◊〉 sonne left two daughters by the Lady Constance his wife Countesse and heâ—r of Britâ—ain which by the law of England should have succeeded before Iohn but of this small accompt seemed to be made at that day Some yeares after when the Barons and states of England miâ—liked utterly the government and proceeding of this King Iohn they rejected him againe and chose Lewis the Prince of France to be theiâ— King 3216 and did swear feaâ—ty to him in London as before hath bin said and they depâ—iâ—â—ed also the young prince Henry his sonne that was at that time but of 8 years old but upon the death of his father King Iohn that shorty â—fter insued they recalled againe that sentence and admitted this Henry to the Crown by the name of King Henry the third and disanulled the a leageance made unto Lewis Prince of France and so king Henry raigned for tâ—e 53 yeares afterward the â—ongest reign as I think that any before or after â—im hath had in England Moreover you â—now from this king Henry the third dâ— take thâ—ir first beginning the two branches at Yorke and Lâ—ncastee wihch after feâ—â— to fo great contention about the crown Into which if we would enter we should see plainely as before hath beene noted that the best of all their titles after their deposition of king Richard the second depended of this authority of thâ— comâ—on-wealth fot that as the people were affected and the greater part prevailed â—o â—ere their titles either a lowed confirmed altered or disanulled by Parliament yet may not we well affirm but that either part when they were in possession and confirmed herein by these Parliaments were lawfuâ—l kings and that God concurred with them as with true princes for government of the people for if we should deny this point great incouveniences wouâ—d oâ—ow and we should shake the states of most princes in the world at this day And to concâ—ude as one the one side proâ—inquity of bâ—ood is a great â—reheminence towards the atteining of any Crowne so doth it not ever bind the common weaâ—th to yeeld there-unto if weightier reasons shauld urge them to the contrary neither is the Common-wealth bound bound alwayes to shut her eyes and to admit at â—p-hazard or of necessity every one that is next by succession of bâ—oud as some faâ—seâ—y and fondly aâ—â—meth but rather she is bound to consider well and maturely the person that iâ— to enter whether he be â—ike to perform his duty and charge committeed or no for thâ—t otherwise to admitt him that is an enimy or unfitis but to destroy the Common wealth and him tâ—gether This is my opinion aud this seemeth to me to be conform to al reason awâ— religion pâ—ery wisdome poâ—â—icy and to the use aud customs of all well governed common-weaâ—thes in the world neither do I meane to prejudice any any princes pretence or succession to any crown or dignity in the world but rather do hold that he ought to enjoy his preheminence but yet that he 〈◊〉 not prâ—judicall thereby to the whole body which is ever 〈◊〉 be respected more then any one person whatsoever The ninth Speech ACcording to law both civill and Canon which is great reason it is a matter most certaine that he who is judge and hath to give sentence in the thing it selfe is also to judge of the cause for thereof is he called judge and if he have authority in the one good reason he should also have power to discerne the other so as if we grant according to the forme and proofes that the Realme or Common-wealth hath power to admit or put back the Prince or pretender to the Crowne then must we also confesse that the same Common wealth hath authority to judge of the lawfulnesse of the causes and considering further that it is in their owne affaire and in a matter that hath his whole beginning continuance and subsistance from them alone I meane from the Common wealth for that no man is King or Prince by institution of nature as before hath been declared but every King and Kings son hath his dignity and preheminence above other men by authority onely of the Common wealth God doth allow for a just and sufficient cause in this behalfe the onely will and judgement of the weal publick it selfe supposing alwayes as in reason we may that a whole Realme will never agree by orderly way of judgement for of this onely I meane and not of any particular faction of private men against the heyre apparent to exclude or put back the next heyr in blood and succession without a reasonable cause in their sight and censurre And seeing that they only are to be judges of this case we are to presume that what they determine is just and lawfull for the time and if at one time they should determine one thing and the contrary at another as they did often in England during the contention between York and Lancaster and in other like occasions what can a private man judge otherwise but that they had different reasons and motions to leade them at different times and they being properly lords and owners of the whole busines committed unto them it is enough for every particular man to subject himselfe to that which his Common wealth doth in this behalfe and to obey simply without any further inquisition except he should see that open injustice were done therin or God manifesty offended and the Realme indangered Open injustice I call when not the true Common wealth but some faction of wicked men should offer to determine this matter without lawfull authority of the Realme committed to them and I call manifest offence of God and danger of the Realme when such a man is preferred to the Crowne as is evident that he wil do what lyeth in him to the prejudice of them both I mean both of Gods glory and the publick wealth as for example if a Turk or Moor or some other notorious wicked man or tyrant should be offered by succession or otherwise to governe among Christians in which cases every man no doubt is bound to resist what hee can for that the very end and intent for which all government was first ordeined is herein manifestly impugned From this consideration of the weal publick are to be reduced all other considerations of most importance for discerning a good or evill Prince For that whosoever is most likely to defend preserve and benefit most his Realme and subjects he is most to be allowed and desired as most conforme to the end for which government was ordained And on the contrary side he that is least like to do this deserveth least to be preferred and here doth
enter also that consideration which divers common wealths had in putting back oftentimes children and impotent people though otherwise next in blood from succession and preferring more able men though further off by descent for that they were more like to defend wel their Realme and Subjects then the others were But to proceed more distinctly and more perspicuously in this matter I would have you call to minde one point among others out of Girard the French author Girard lib. 3. de l' Estat pag. 242. to wit that the King of France in his Coronation is new apparalled three times in one day once as a Priest and then as a judge and last as a King armed Thereby to signifie three things committed to his charge first Religion then Justice then manhood and chivalry for the defence of the Realme This division seemeth to me very good and fit and to comprehend all that a weal-publick hath need of for her happy state and felicity both in soule and body and for her end both supernaturall and naturall For by the first which is Religion her Subjects do attaine unto their end spirituall and supernaturall which is the salvation of their soules and by the second and third which are justice and defence they enjoy their felicity temporall which is to live in peace among themselves and safety from their enemies for which cause it seemeth that these are the three points which most are to be regarded in every Prince that commeth to government and much more in him that is not yet admitted thereunto but offereth himselfe to the Common wealth for the sâ—me puâ—pose And for that the latter two of these three points which are justice and manhood hath been often had in consideration in the examples of changes before mentioned and the first point which is Religion hath rarely or never at all been talked of for that in former times the Prince and the people were alwayes of one and the same Religion and scarce ever any question or doubt fell in that behalfe which yet in our dayes is the principall difference and chiefest difficulty of all other for these causes I say shall I accommodate my selfe to the circuâ—stance of the time wherein wee live and to the present case which is in question betwixâ— us about the succession of England and leaving aside those other two considerations of justice and chivalry in a King which are far lesse important then the other though yet so highly regarded by ancient Common wealths I shall treate principally of Religion in this place as of the first and highest and most necessary point of all other to bee considered in the admission of any Prince for the profit of his Subjects for that without this he destroyeth all and with this albeit he should have defects in the other two points of justice and manhood yet may it be holpen or his defect or negligence may be supplyed much by others as after I shall shew more in particular but if he want feare of God or care of Religion or be perversly perswaded therein the domage of the weale publique is inestimable First of all then for better understanding of this point we are to suppose that the first chiefest and highest end that God and nature appointed to every Common-wealth was not so much the temporall felicity of the body as the supernaturall and everlasting of the soule and this was not only revealed to the Jewes by holy scripture but also unto the Gentiles and Heathens by the instinct and light of nature it selfe For by this light of naturall reason the learned sort of them came to understand the immortallity of the soule and that her felicity perfection and full contentment which they called her finall end and summum bonum could not be in this life not in any thing created under heaven but must needs be in the life to come and that by attaining to enjoy some infinite endlesse and immortall object which could fully satisfie the appetite of our soule and this could be no other then God the maker of all himselfe And that consequently all other things of this transitory life and of this humane Common-wealth subject to mans eyes are ordained to serve and be subordinate and directed to the other higher end and that all mans actions in this world are first of all and in the highest degree to be imployed to the recognising serving and honoring of this great Lord that governeth the whole as author and end of all To this light I say came the Heathens even by the instinct and direction of nature whereof ensued that there was never yet Pagan Philosopher that wrot of framing a good common-wealth as Socrates Plato Plutarch Cicero and others neither Lawmaker among them that left Ordinances for the same purpose as Deucalion Minos Zaleucus Licurgus Solon Ion Numa or the like which besides the temporall end of directing things well for the body had not especiall care also of matters appertaining to the minde to wit of nourishing honoring and rewarding of vertue and for restraining and punishing of vice and wickednesse whereby is evident that their end and butt was to make their Citizens good and vertuous which was a higher end then to have a bare consideration of temporall and bodily benefits only as many great men of our daies though Christians in name seeme to have who pretend no higher end in their Government then bodily wealth and a certaine temporall kind of peace and justice whâ—ch divers beasts also do reach unto in their congregations and Common-wealths as is to be seene among Emets and Bees Cranes Lyons and other such creatures that by instinct of nature are sociable and do live in company and consequently also doe maintaine so much order and policy in their Common-wealth as is needâ—ull for their preservation and continuance But naâ—ure taught man a far higher and more excellent end in his Common-wealth which was not only to provide for those bodily benefits that are common also to creatures without reason but much more for those of the minde and above all for the serving of that high and supreme God that is the beginning and end of all the rest For whose service also they learned by the same instinct and institution of nature that the chiefest and supremest honour that could be done unto him in this life by man was the honour of sacrifice and oblaâ—ionsâ— which we see was begun and practised even in those fiâ—st beginnings of the law of nature before the Leviticall law and the particular formes of this same law were prescribed by Moses For so we reade in Genesis of Noah Gen. 8. that he made an Altar and offered sacrifices to God upon the same of all the beasts and birds that he had in the Arke odoratusque est Dominus odorem suavitatis and God received the smell of these sacrifices as a sweet smell Which is to say that God was highly pleased therewith and the like we reade of Job
in this world as also in the world to come in that last and most terrible judgement of our great Lord and Saviour Jesus Christ and to have my part with Judas as also with the leprosie of Giezi and with the feare and trembling of damned Cain and besides all this I shall be subject to all punishments that are ordained in the Lawes of their Majesties concerning this affaire This oath did all the Governours of Christian Countries take in old time when Christian Emperors did flourish and it hath remained for a Law and president ever since to all Posterity And if we joyne this with the other oathes before set downe in the fifth chapter which Emperors and Kings did make themselves unto their Ecclesiasticall Prelates at their first admission about this point we should see nothing was so much respected in admission of a Prince or Governor nor ought to be aâ— religion for that as I have said before this is the chiefest greatest and highest end of every Common-wealth entended both by God and nature to assist their Subjects to the attaining of their supernaturall end by honoring and serving God in this life and by living vertuously for that otherwise God should draw no other fruit or commodity out of humane Common-wealths then of an Assembly of brutish creatures manitained only and governed for to eate drinke and live in peace But the end of man being far higher then this it followeth that whatsoever Prince or Magâ—strate doth not attend with care to assist and helpe his subjects to this end omitteth the first and principall part of his charge and committeth high Treason against his Lord and Master in whose place he is and consequently is not fit for that charge and dignity though he should perform the other two parts never so well of temporall justice and valour in his person which two other points do appertaine principally to the humane felicity and baser end of mans weale publick and mâ—ch â—ore of a Christian Hereof it insueth also that nothing in the world can so justly exclude an Heire apparent from his succession is want of Religion nor any cause whatsoever justifie and cleare the conscience of the Common-wealth or of particular men that in this case should resist his entrance as if they judge him faulty in this point which is the head of all the rest and for which all the rest doe serve I compare an heyre apparant unto a spouse betrothed only and not yet marryed to the Common wealth Which espousâ—ll or betrothing according to all law both divine and humane may be broken and made voyd much easier and upon far lesser causes then an actuall perfect marrying may of which our Saviour himselfe said Matth. 14. Quos Deus conjunxit homo non separat Mar. 10. whom God hath joyned let no man seperate and yet S. Paul to the Corinthians determineth plainely 1. Cor. 7. that if two gentiles marryed together in their gentility which none denyeth to be true marriage for so much as concerneth the civill contract and afterward the one of them being made a Christian the other will not live with him or her or if he do yet notwithout blaspheming of God and tempting him to sin in this case I say the Apostle teacheth and out of him the Canon law setteth it downe for a decree Lib. 4. decret Greg tit 19. c. 7. That this is sufficient to breake and dissolve utterly this heathen marriage although consummate between these two parties and that the Christian may marry againe and this onely for the want of Religion in the other party which being so in actuall marriage already made and consummate how much more may it serve to undoe a bare bethrothing which is the case of a pretender onely to a Crowne But you may say perhaps that St. Paul speaketh of an Infidel or Heathen that denyeth Christ plainely and with whom the other party cannot live without danger of sin and losing his faith which is not the case of a Christian Prince though he be somewhat different from me in Religion to which is answered that supposing there is but one only Religion that can be true among Christians as both reason and Athanasius his Creed doth plainely teach us and moreover seeing that to me there can be no other faith or Religion availeable for my salvation then only that which I my selfe do beleeve for that my owne conscience must testifie for me or against me Act. 23. 1. Cor. 8. 2. Cor. 5. 1. Pet. 3. certaine it is that unto me and my conscience he which in any point beleeveth otherwise then I doe and standeth wilfully in the same is an Infidell for that he beleeveth not that which in my faith and conscience is the onely and sole truth whereby he must be saved Mat. 18. And if our Saviour Christ himselfe in his Gospell doth will certaine men to be held for heathens not so much for difference in faith and religion as for lack of humility obedience to the Church how much more may I hold him so that in my opinion is an enemy to the truth and consequently so long as I have this opinion of him albeit his Religion were never so true yet so long I say as I have this contrary perswasion of him I shall doe against my conscience and sin damnably in the sight of God to prefer him to a charge where he may draw many other to his owne error and perdition wherein I doe perswade my selfe that he remaineth This doctrine which is common among all Divines Rom. 14 is founded upon that discourse of S Paul to the Romans and Corinthians 1. Cor. 1. 10. against such Christians as being invited to the banquets and tables of Gentils and finding meats offered to Idols which themselves doe judge to be unlawfull to eate did yet eate the same both to the scandall of other infirme men there present as also against their owne judgement and conscience which the Apostle saith was a damnable sin and this not for that the thing in it selfe was evill or unlawfull as he sheweth but for that they did judge it so and yet did the contrary Qui discernit si manducaverit damnatus est saith the Apostle He that discerneth or maketh a difference between this meat and others as judging this to be unlawfull and yet eateth the same he is damned that is to say he sinneth damnably or mortally Whereof the same Apostle yeeldeth presently his reason Quia non ex fide for that he eateth not according to his faith or beleefe but rather contrary for that he beleeveth it to be cruell and unlawfull doth notwithstanding eate the same and hereupon S. Paul inferreth this universall proposition Omne autem quod non est ex fide peccatum est all that is not of faith or according to a mans owne beleefe is sin to him for that it is against his owne conscience judgement and beliefe beleeving one thing and doing another S. Chrysost hom 36. in hanc epistolam Orig. l. 10. Theodor. in hunc locum And seeing our owne conscience must be our witnes at the last day to condemne or deliver us as before I have said he must needs sin grievously or damnably as the Apostle here saith who committeth any thing against his owne conscience though otherwise the thing were not onely indifferent but very good also in it selfe for that of the doers part there wanteth no malice or will to sin seeing he doth that which he apprehendeth to be naught though in it selfe it be not And thus much now for matter of conscience but if wee consider reason of State also and worldly pollicy it cannot be but great folly and oversight for a man of what Religion soever he be to promote to a kingdome in which himselfe must live one of a contrary Religion to himselfe for let the bargains and agreements be what they will and faire promises and vaine hopes never so great yet seeing the Prince once made and setled must needs proceed according to the principles of his owne Religion it followeth also that he must come quickly to break with the other party though before he loved him never so well which yet perhaps is very hard if not impossible for two of different religions to love sincerely but if it were so yet so many jealousies suspitions accusations calumniations other aversions must needs light upon the party that is of different Religion from the State and Prince under whom he liveth as not onely he cannot be capable of such preferments honours charges governments and the like which men may deserve and desire in their Common wealths but also he shall bee in continuall danger and subject to a thousand molestations and injuries which are incident to the condition and state of him that is not currant with the course of his Prince and Realme in matters of Religion and so before he beware he commeth to be accounted an enemy or backward man which to remedy he must either dissemble deeply and against his owne conscience make shew to favour and set forward that which in his heart he doth detest which is the greatest calamity and misery of all other though yet many times not sufficient to deliver him from suspicion or else to avoid this everlasting perdition he must breake with all the temporall commodities of this life and leave the benefits which his Countrey and Realme might yeeld him and this is the ordinary end of all such men how soft and sweet soever the beginnings be 31. Ian. 1647. Imprimatur Gilbert Mabbot FINIS Institut imp l 2. Tit. 1.