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 [Page 2] 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 Plat [...] 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 given to Man for this end and purpose; for that little available were this priviledge of speaking, if Men should live alone, and converse with none, Arist. l. 1. pol. c. 1, 2, 3, 4.

Thirdly, not onely Aristotle but Theophrastus, also Plutarch, and others do confirme the same, Theoph. lib. de Plaut. Plutarch. Com. de fortuna, & lib. de pie­tatem in parent. by the poor estate and condition, wherein Man is borne, more in­firme than any other creature, though by creation hee bee Lord and Governour of all the rest; for whereas each other creature is borne in a certaine sort armed and defended in it selfe, as the Bull with his hornes, the Boar with his tuske, the Bear and Wolfe, with their teeth, the Bird with her feathers against cold, and with her wings to flie away, the Hart and Hare with their swiftnesse, and the like, onely Man is borne feeble and naked, not able to provide or defend himselfe in many yeares, but onely by the helpe of others, which is a token that he is borne to live in company, and to he holpen by others, and this not onely for his necessity and helpe at his beginning whiles he is in this imbecility, but also for his more comodious living in the rest of his dayes afterwards, seeing no Man of himselfe is sufficient for himselfe, and he that liveth alone can have no benefit of others, or do any to others; wherefore wittily said Aristotle in the second chapter of his first Book of Politiques, That he which flieth to live in society is Deus aut [Page 3] Bellua, a God or a beast: for that either he doth it because he hath no need of any, which is proper to God, or else for that he will do good to none, and feeleth not that natural instinct, which Man hath to live in conversation, which is a signe ra­ther of a Beast than of a Man.

Cicero doth adde another reason for this purpose, to wit, the use of certain principal vertues given unto Man, but principally justice and friendship, which should be utterly in vain, and to no utility, if Man should not live in company of others, for seeing the office of justice is to distribute to every one his own: where no number is, there no distribution can be used, as also neither any act of friendship, which yet in the society of Man is so necessary and usuall, saith this excellent Man, Ʋt nec aqua, nec igne, nic ipso sole pluribus in locis utamur, quàm amicitia, Cicero lib. de amîcitiâ. That we use neither water nor fire nor the Sun it selfe in more places or occasions than friendship.

And to this effect, of using friendship, love and charity the one towards the other, do Christian Doctours also, and especially Augustine in his Book of friend­ship, reduce the institution of this natural instinct of living in company: Aug. lib. de amicitia. Which seemeth also to be confirmed by God himselfe in those words of Genesis, Dixit quoque Dominus Deus; non est bonum hominem esse solum, facia­mus ei adjutorium, simile sibi, Gen. 2. 18. God said, It is not good that Man should be alone, let us make unto him an helpe or assistant like unto himselfe, of which words is deduced, that as this first society of our first Parents, was of God, and for so great purpose as here is set down, the one to be holpen by the other; so all other societies in like manner which grow of this first, stand upon the same ground of God's Ordination for the selfe same end of Mans utility.

And I have beene the longer in speaking of this naturall instinct to society, for that it is the first fountaine of all the rest, that ensueth in a common-wealth: for of this come, families, villages, townes, castles, cities and common-wealthes, all which Aristotle, doth prove to be of nature, for that this first inclination to live to gether (whereof all those other things do spring) is of nature.

Out of this, is the second poynt before mentioned deduced, to wit, that go­vernment also, superiority, and jurisdiction of magistrates, is likewise of nature, for that it followeth of the former, and seeing that it is impossible for men to live together with help and commodity of the one, to the other, except there be some Magistrate or other to keep order among them, without which order there is nothing els to be hoped for as Job sayeth, but horrour and confusion, Job. 10. v. 12. as for example, wheresoever a multitude is gathered tegether, if there bee not some to represse the insolent, to assist the impotent, reward the vertnous, chasten the outragious and minister some kind of justice and equality unto the inhabitants: their living together would be farre more hurtfull, then their living asunder, for that one would consume and devour the other, and so we see, that upon living together followeth of necessity some kind of jurisdiction in Magi­strats, and for that the former is of nature, the other also is of nature.

All which is confirmed also by the consent and use of all nations throughout [Page 4] the world, which generall consent, Cicero calleth, ipsius vocem naturae the voice of nature herselfe: Cicero li. 1. de natura Deorum, for there were never yet nati­on found either of ancient time or now in our dayes, by the discovery of the In­dies, or else where, among whom men living together, had not some kind of Magistrate or superiour, to governe them, which evidently declareth that this point of Magistrates is also of nature, and from God that created nature, which poynt our civill law doth prove in like manner in the very beginning of our di­gests, where the second title of the first booke is, de origine juris civilis & om­nium magistratuum, Lib. 1. digest, tit. 2. of the beginning of the civill law and of all magistrates which beginning is referred to this first principle, of naturall in­stinct and Gods institution: And last of all, that God did concurre also expresly with this instinct of nature, our Divines doe prove by cleare testimony of holy scripture, as when God saith to Solomon, by me Kings doe reigne, Prov. 8. and Paul to the Romans avoucheth, that authority is not but of God, and therefore he which resisteth authority resisteth God, Rom. 13. Which is to bee understood of authority, power or jurisdiction in it selfe, according to the first institution, as also when it is lawfully laid upon any person, for otherwise when it is either wrongfully taken or unjustly used, it may be resisted in divers cases, for then it is not lawfull Authority.

These two points then are of Nature, to wit, the Common-wealth, and Govern­ment of the same by Magistrates, but what kinde of Government each Common-wealth will have, whether Democratia, which is popular Government by the People it selfe, as Athens, Thebes, and many other Cities of Greece had in old time, and as the Cantons of Switzers at this day have: or else Aristocratia, which is the government of some certain chosen number of 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 [Page 5] 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, Ʋrbin, 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 [...]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.

[Page 6] 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, Ʋrbin, 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 sense, though he may be both good or bad, (and none hath been worse or more cruel many times than home-borne Princes:) but if it be meant as though any Prince had his particular Government or interest to succeed by in­stitution of Nattre, it is ridiculous, for that Nature giveth it not as hath been de­clared, but the particular constitution of every Common-wealth within it selfe.

The second Speech.

FIrst of all is to be considered, that of all other Formes of Government the Monarchy of King in it selfe, appeareth to be the most excellent and perfect, and so do hold not onely Ari­stotle in his fore-named Bookes of Politiques, and namely in his third (with this onely condition that he governe by Lawes) but Seneca also and Plutarch in his Morals, and namely in that special Treatise wherein he discusseth, An sens sit Respub, tracta [...]da, whether an old man ought to take [Page 7] upon him the Government of a Common-wealth or no; where he saith that, Reg [...]um inter omnes respub. consummatissima & prima est, a Kingdom is the most perfect Common-wealth among all other, and the very first, that is to say, the most perfect, for that it hath most commodities and least inconveniences in it selfe of any other Government, and it is the first of all other; for that all People commonly made their choise at the beginning of this kinde of Government, so as of all other it is most ancient; for so we reade that among the Syrians, Medes, and Persians; their first Governours were Kings; and when the children of Israel did aske a King at the hands of Samuel, 1 Reg. 8. which was a thousand yeares before the coming of Christ, they alledged for one reason, that all Nations round about them had Kings for their Governours, and at the very same time, the chiefest Cities and Common wealths of Greece, as the Lacedemonians, Athenians, Co­rinthians, and others, whereof divers afterwards took other Governments unto themselves, for the abuses in kingly Government committed, at that time were governed by Kings, as at large proveth Dyanisius Halicarnasseus, Coruelius Tacitus, Cicero, and others. Dyonis. Hal. l. 5. Cornel. Tac. l. 3. Cic. l. 1. Offic.

The Romans also began with Kings, as before I have noted, and the reason of this is, for that as our Christian Doctours doe gather, (especially Hierome and Chrisostome, Hierom. l. 2. Epist. 12. Chrisost. hom. 23.) this kinde of Government resembleth most of all the Government of God, that is but one: it representeth the excellency of one sun that lightneth all the Planets, of one soul in the body that governeth all the powers and members thereof, and finally they shew it also to be most conforme unto Nature, by example of the Bees which do choose unto themselves a King, and do live under a Monarchy, as the most excellentest of all other Governments, to which purpose also I have heard alleadged sometimes by divers those words of Peter, Subjecti estote omni humanae creaturae propter Deum, sint Regi quasi precellenti, sive du­cibus ab co missis, &c. 1 Pet. 2. Be you subject to every humane creature for God's cause, whether it be to a King, as the most excellent, or to Dukes sent by God for the punishment of evil men and praise of the good: cut of which words some do note two points, first, that as on the one side the Apostle doth plainly teach, that the Magistrates Authority is from God by his first insti­tution, in that he saith, We must be subject to them for God's cause; so on the other side, he cal­leth it a humane creature, or a thing created by man, for that by man's free choice this particular Forme of Government (as al other also) is appointed in every Common-wealth, and that by mans election and consent, the same is laid upon some particular man or woman, according to the Lawes of every Countrey, all which maketh it rightly to be called both a humane creature, and from God.

The second point which divers do note out of these words, is, that Peter calleth a King most ex­cellent, which though it may be understood in respect of the Dukes Authority, whereof imme­diately there followeth mention; yet may it seem also to be taken and verified of kingly Autho­rity in respect of all other Governments, seeing that at this time when the Apostle wrote this Epistle, the chief Governour of the world was not called King but Emperour, and therefore seeing in such a time Peter affirmeth the state of kingly Government to be most excellent, it may seem he meant it absolutely, signifying thereby that this is the best kinde of Government among all others, though to confesse the truth between the Title of King and Emperour there is little or no difference in substance, but onely in name, for that the Authority is equal, every King is an Emperour in his own Kingdom.

And finally the excellency of this Government above all other, is not onely proved by the per­fection thereof in it selfe, as for that it is most ancient, simple, and conforme unto Nature, and most resembling the Government of God himselfe, as hath been said, but by the effects also and utility that it bringeth unto the Subjects, with farre lesse inconveniences than any other Forme of Government whatsoever if we compare them together; for in the Monarchy of one King, there is more unity, agreement and conformity, and thereby also celerity commonly in dispatching of businesses, and in defending the Common-wealth, than where many Heads be; lesse passions also, in one man than in many; as for example, in Demecratia, where the common people do bear the chief sway, which is Bellua multorum capitum, as Cicero wisely said, that is, a Beast of many [Page 8] heads. Cicero l. 1. Offic. Democratis. There is nothing but sedition, trouble, tumults, outrages, and injustices committed upon every little occasion, especially where crafty and cunning men may be admitted to incense or asswage them with sugred words, such as were the Oratours in Athens, and other Cities of Greece, that had this Government, and the Tribunes of the People of Rome, and other such popular and plausible men, who could move the waves, raise up the windes, and inkindle the fire of the vulgar Peoples affections, passions or furies at their pleasure, by which we see that of all other Common wealths, these of popular Government, have soonest come to raine, which might be shewed not onely by old examples of Greece, Asia, and Africa, but also of many Cities of Italy, as Florence, Bolonia, Siena, Pisa, Arezzo, Spoleto, Perugio, Padua, and others, which upon the fall or diminution of the Roman Empire (under which they were before) took unto themselves popular Governments, wherein they were so tossed with continual sedition, mu­tinies, and banding of Factions, as they could never have end thereof, untill after infinit mur­ders, massacres, and inundation of bloud, they came in the end to be under the Monarchy of some one Prince or other, as at this day they remain: so that of all other Governments this is the 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 [Page 9] 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 [Page 10] 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 [Page 11] the German Die [...] 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 [...]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 Authority, they have great limitation, neither can they do any thing of great moment, without the consent of certain princi­pal men called Palatines or Castellians, neither may their children or next of Bloud succeed ex­cept they be chosen, as in the Empire. Herbert. l. 9. Hist. Pol. Cromerus l. 3. Hist. Polon.

In Spain, France, and England, the priviledges of Kings are farre more eminent in both these points, for that both their Authority is much more absolute, and their next in Bloud do ordinarily succeed, but yet in different manner; for as touching authority, it seemeth that the Kings of Spain and France, have greater than the King of England, for that every ordination of these two Kings is Law in it selfe, without further approbation of the Common-wealth, which holdeth not in England, where no general Law can be made without consent of Parliament; but in the other point of Succession, it appeareth that the restraint is farre greater in those other two Countries than in England, for that in Spain the next in Bloud cannot succeed be he never so lawfully de­scended, but by a new approbation of the Nobility, and States of the Realme, as it is expresly set down in the two ancient Councels of Tolledo the fourth and fifth, Concil. blet. 4. c. 74. & coneil. s. c. 3. In confirmation whereof we see at this day, that the King of Spain's own son, cannot suc­ceed nor be called Prince, except he be first sworne by the said Nobility and States in token of their new consent; and so we have seen it practised in our dayes towards three or four of king Philips children, which have succeeded the one after the other in the Title of Princes of Spain, and at every change a new Oath required at the Subjects hands, for their admission to the said Dignity, which is not used in the Kings children of France or England.

In France the World knoweth, how Women are not admitted to succeed in the Crown be they never so near in Bloud, neither any of their Issue, though it be Male; for which cause I doubt not but you remember how King Edward the third of England, though he were son and heir unto a daughter of France, whose three brethren were kings, and left her sole heir to her father king Philip the fourth sirnamed the Fair, yet was he put by the Crown, Anne 1340. Anil. hist. Franc. l. 2. Gerard. du Haylan. l. 14. hist. Franc. as also was the king of Navar at the same time, who was son and heir unto this womans eldest brothers daughter, named Lewis Huttin king of France, (which king of Nav [...]r thereby seemed also to be before king Edward of England) but yet were they both put by it, and Philip de Vallois, a brothers son of Philip the fair, was preferred to it, by general decree of the States of France, and by verdict of the whole Parliament of Paris, gather­ed about the same affaires. Franc. Belfor. l. 5. c. 1. Anno 1327.

Neither did it avail, that the two kings aforesaid alleadged, that it was against reason and con­science, and custome of all Nations, to exclude women, from the Succession of the Crown which appertained unto them by propinquity of Bloud, seeing both Nature and God hath made them capable of such Succession every where, as it appeareth by example of all other Nations, and in the old Testament among the people of God it selfe, where we see Women have been ad­mitted, unto kingdomes by succession, but all this (I say) prevailed not, with the French as it did not also since for the admission of Dona Isabella Eugenia Clara, Infanta of Spain, unto the said Crown of France, though by dissent of Bloud there be no question of her next propinquity, for that she was the eldest childe of the king's eldest sister.

The like exclusion was then made against the prince of Lorain, though he was a man and ne­phew to the king, for that his Title was by a Woman, to wit, his mother, that was younger sister unto king Henry of France.

And albeit the Law called Salica by the French-men, by vertue whereof they pretend to exclude [Page 12] the Succession of Women, be no very ancient Law, as the French themselves do confesse, and much lesse made by Pharamond their first king, or in those ancient times as others without ground do affirme. Gerard. du Hail. l. 13. hist. Fra [...]c. & Anno 1317. & l. 14. Anno 1328 & l. 3. de l'Estat defrunce. Yet do we see that it is sufficient, to binde all Princes and Subjects of that Realme, to observe the same, and to alter the course of natural Discent, and nearnesse of Bloud, as we have seen, and that the king of Navar and some others of his race by vertue of this onely Law did pretend to be next in Succession to this goodly Crown, though in nearnesse of Bloud they were farther off, by many degrees from king Henry the third, than either the foresaid Infanta of Spain, or the prince of Lorain, who were children of his own sisters, which point yet in England were great disorder, and would not be suffered, for that our Lawes are otherwise, and who made these Lawes, but the Common-wealth it selfe.

By all which we see that divers Kingdomes, have divers lawes and customes in the matter of succession, and that it is not enough for a man to alleage bare propinquity of blood, thereby to prevaile, for that he may be excluded or put back by divers other circumstances, for sundry other reasons which afterward we shall discusse.

Yea, not onely in this point hath the common-wealth authority to put back the next inheri­tors upon lawfull considerations, but also to dispossesse them that have bin lawfully put in possession, if they fulfill not the lawes and conditions, by which and for which, their dignitie was given them. Which point as it cannot serve for wicked men to be troublesome unto their Governours, for their own interests or appetites, so yet when it is done upon just and urgent causes and by pub­lique authority of the whole body the justice thereof is playne, not onely by the grounds and reasons before alleaged, but also by those examples of the Romans and Grecians already mentio­ned, who lawfully deposed their Kings upon just considerations, and changed also their Mo­narchie and Kingly Government, into other forme of regiment, And it might be proved also, by examples of all other nations, and this perhaps with a circumstance which every man considereth not, to wit, That God hath wonderfully concurred (for the most part.) with such juditiall acts of the com­mon-Wealth against their evill Princes, not onely in prospering the same, but by giving them also com­monly some notable successor in place of the deposed, thereby hath to justify the fact, and to remedy the fault of him that went before.

I am far from the opinion of those people of our dayes, or of old, who make so little account of their duty towards Princes, as be their title what it will, yet for every mislike of their owne they are ready to band 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. J [...]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 [Page 13] 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 Na [...]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 cha [...]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 name [...], 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 exor [...]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 mo [...] 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 th [...]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 [...]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 [Page 14] 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 lets 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. l [...]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 [Page 15] 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, wh [...] 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 Ter [...]ul [...] 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 Tarqui [...]ius the proud, their seventh and last King, was expelled by the Senate, for his cruell government, and the whole manner of Government changed, Tit. liv. li. 1. doc. 1. Eutrop, l. 1. Wee see the successe was prosperous, so that not onely no hurt came thereby to the Commonwealth, but exceeding much good, their government and increase of Empire was pros­perous under their Consulls for many yeares in such sort, that whereas at the end of their Kings government, they had but fifteen miles territory without their City, it is knowne, that when their Consulls government ended, and was changed by Julius Caesar, their territory reached more then fifteen thousand miles in compasse, for that they had not only all Europe under their dominion, but the principall parts also of Asia and Africa, so as this chastisement so justly laid upon their Kings was profitable and beneficiall to their Commonwealth.

When Julius Caesar upon particular ambition had broken all Law both humane and divine, and taken all government into his owne hands alone, he was in revenge hereof, slaine by Senators in the Senate-house: and Octavianus Augustus preferred in his room, who proved afterwards the most famous Emperor that ever was.

I might note here also how Nero sixth Emperour of Rome which succeeded lawfully his Unckle Claudius in the Empire, and being afterward deposed sentenced to death by the Senate for his wicked government (which was the first judiciall sentence that ever the Senate gave against Em­perours) albeit peace ensued not presently, but that Galba, Otho, and Vitellius, three great Cap­taines of the Empire, made some little enterludes of tragicall killing of one the other, Cornel, Ta [...]it. lib. 20 & 21. Egesp l. 5. yet within few months the whole Empire by that meanes fell upon Vespa­sian and his son Titus, two of the best governours that those times ever saw.

The like might be noted of the noble ranke of five excellent good Emperors, to wit, [...], Traian Adrian, Antonius Pius, and Marcus Aurelius, that ensued in the Empire by the just death of cruell Domitian, Europ. in viti Caesa. which execution the Senate is thought in secret to have procu­red, (being not able to performe it openly by Justice) which was seen by that, that when the act was done, the Senate did presently by publique decree allow of the some, and d [...]sanulled all his barbarous acts for his exceeding cruelty, and commanded his armes and memories to be p [...]lled downe every where, and chose for his successour, one Cocc [...]nis Norva, an italian, a man of excel­lent vertue, by whom they enjoyed not only the most prosperous time of his government, but of all those other foure before named that ensued him no lesse worthy then himselfe.

[Page 16] Not long after, the succession of these excellent good Emperours that came to the Crown by lawfull discent of blood, a youth named Anto [...]inus Heliogtholus son of the Emperour Antoninus Caracalla, and nephew to the most famous and noble Emperour Septimius Serverus that dyed in England. Which youth as he was greatly loved and honoured a great while for so worthy a grand­father: so afterwards for his owne most beastly life and foule actions, An. Dom. 124. he was depri­ved and put to death by the Souldiers of Rome, at the request and common desire both of the peo­ple and Senate, when he had reigned six yeares, and yet was but twenty yeares of age, when hee was put downe, Alius lap in vita Heliog. and his death and deprivation was approved by publique act of the Senate, who ordained also in his detestation, that never Emperor after him should bee called more Antoninus, and so it was observed, though no other name had ever been more grate­full before, to the world for the remembrance of the good Emperors that had been so called.

This man being chastized as is said, there was preferred to the Empire in his room a goodly young man, of his next kindred, named Alexander Severus, son to Mamonea which was sister to Holiogabolus his mother, and being admitted by common consent, both of the Senate, People, and Army, Herod. in vit. Seven. he proved one of the most rarest Princes for his valour and ver­tue, that ever the Roman Empire hath had, so as the worthinesse of Severus seemed to recompence fully the wickednesse of Heliogabolus.

I might name divers other such examples, and among the rest that of Maxentius, who being law­fully possessd of the Empire in Rome, as it seemed (for that he was son to Max [...]minianus the Emperor that reigned with Dioclesian) yet for his tyrannous Government, that was intolerable, it is supposed that the Senate (not being able to match him in open strength) sent privily into England and France, to invite Constantine to come, and do justice upon him, and so he did, and he being drowned in the river of Tyber, Constantine sirnamed afterward the Great succeeded in the Empire, and was the man that all men know, and the first Emperor that publiquely professed himself a Christian, and planted cur faith over all the World, and this of the Roman Empire.

And if we will come lower down, and nearer home, we have yet another example, more re­markable perhaps than all the rest, which was the change of the Empire from the East to the West, for the evil Government of Constantine the sixth, who was deposed first, and his eyes put out by his own mother Irene, and the Empire usurped by her, but being not able to rule it in such order as was needfull, for so great a Monarchy (though otherwise she were one of the rarest wo­men for valour and wisdome that ever the world had) she was deprived thereof by the sentence of Leo the third, Pope of Rome, and by consent of all the people and Senate of that City, and Charles King of France and of Germany (surnamed afterward the great) was crowned Emperor of the West, An. 100. and so hath that succession remained unto this day, and many worthy men have succeeded therein, and infinite acts of jurisdiction have been exercised by this authority which were all un­just and tyrannicall, if this change of the Empire, and deposition of Irene and her son for their evill government had not been lawfull.

It were to long to run over all other Kingdomes, yet some I shall touch in such points as are most notorious.

The two famous changes that have been made of the royall line in France, the first from the race of Pharamond and Clodoveus to the line of Pepin, and the second from the race of Pepin a­gaine to the line of Hugo Capetus, that endureth unto this day, Belfor l. 1. Girard. l. 3. Aemil. l. Clem. Baudi [...]en la chronique des ros de France▪ whereon are they founded, but upon the judiciall chastise­ment and deposition of two cruell Princes, the first of Childerie, the third lawfull King of France, who after ten yeares that he had reigned was deposed, by Zachary the Pope at the request of the whole Nobility and Clergy of France, or rather his deprivation was by them, and confirmed by the Pope, to 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 [Page 17] 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 [...]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 pr [...]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 [Page 18] 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 [...]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 Decretal [...] 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 [...]t ha [...] acknowledged, and he left for his successor his so [...], and heire, Don Dionysi [...]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 deli [...]e [...]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 [Page 19] 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, who [...]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, [...]pessed his time miserably, partly in banishment, and partly in prison untill he died. Sleydon. l. 4. hist. An. 1532. Mu [...]st. lib. 3. Cosmogra. in d [...]script. D [...]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 Ed [...]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 contempt [...]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 [Page 20] 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 [...]hall we say? Is this worthinesse which God giveth commonly to the successours at these changes, perpetuall or certaine by discent? no 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 [Page 21] reigne was deposed, imprisoned, and put to death, Polyd. l. 23. [...]istor. Anglie. together with his sonne the Prince of Wales, by Edward the fourth of the house of Yorke, and the same was confirmed by the Commons, and especially by the people [...] London, and afterwards also by publicke Act of Parliament, in respect not only of the title which King Edward pretended, but also and especially for that King Henry did suffer himselfe to bee overruled by the Queen his wife, and had broke the articles of agreement made by the Par­liament, between him and the Duke of Yorke, and solemnly sworne on both sides, the 8. of Octob. in the yeare 1459. In punishment whereof and of his other negligent and evill government, (though for his owne particular life he was a good man) sentence was given against him, partly by force and partly by law, and King Edward the fourth was put in his place, who was no evill King and all English men well know, but one of the renownedst for martiall acts and justice that hath worne the English Crowne.

But after this man againe, there fell another accident much more noto­rious, which was that Richard Duke of Glocester, this King Edwards yonger brother, did put to death his two nephews, this mans children, to wit, King Edward the fifth and his little brother, and made himselfe King, and albeit he sinned grievously by taking upon him the. Crown in this wicked manner yet when his nephews were once dead, he might in reason seem to be lawfull King, both in respect that he was the next male in blood after his said bro­ther, as also for that by divers acts of Parliament, both before and after the death of those infants, his title was authorised and made good, and yet no man wil say (I think) but that he was lawfully also deposed again afterward by the Commonwealth, An. 1487. which called out of France, Henry Earle of Richmond to chastise him, and to put him downe, and so he did, and tooke from him both life and Kingdome in the field, and was King himselfe after him by the name of King Henry the seventh, and no man I suppose, will say but that he was lawfully King also, which yet cannot be, except the other might lawfully be deposed; I would have you consider in all these mutati­ons, what men commonly have succeeded in the places of such as have been deposed, as namely in England, in the place of those five Kings before named, that were deprived, to wit, John, Edward the second, Richard the second, Henry the sixt, and Richard the third, there have succeeded the three Henries, to wit, the third, fourth, and seventh, and two Edwards, the third and fourth, all most rare and valiant Princes, who have done infinit important acts in their Commonwealths, and among other, have raised many houses to Nobility, put downe others, changed states both abroad and at home, di­stributed Ecclesiasticall dignities altered the course of discent in the blood Royall, and the like, all which was unjust, & is void at this day if the changes and deprivations of the former Princes could not be made, and consequent­ly none of these that doe pretend the Crowne of England, at this day, can [Page 22] 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 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 [Page 23] 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 Daugh [...]ers, your Fields and Vinyards, your Harvest also and Ren [...]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 discour [...]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 insinuate [...]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 iustic [...] 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, [Page 24] & 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:Institut. imp. l 2. Tit. 1. 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 divi [...]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, [...]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 o­ver [...]hroweth the whole nature of a Common▪ wealt [...] it self & waketh all sub­jects to be but very slaves. For that slaves & bondmen, as Aristotle saith, in this do diffe [...] 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 g [...]t [...]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 Arist [...] ­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 repre [...]ended by Elias, and so punished by God, for taking away Nabothes Vinyard? seeing they took but that which was their own. Nay, why wa [...] not Naboth accused of iniquity, rebellion & trea­son, for that he did hot yeeld up pre [...]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 [...]ermed [...]y the name of Subsidies, helps, benevolences, lones, &c. if all be due, and not volun­tary [Page 25] 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, [...]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 Historiogr [...]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 point [...] recorded to all Princes, and Kings through all course of Scripture, are diligere inducrum & justitiam, apprebendere disciplinam, & [...]facere veritatem, that is to say to love judgement, and justice to admit discipline and to execu [...]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 [Page 26] 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 Pr [...]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, wi [...]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 con [...]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 [...]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 pr [...]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 respect [...], & 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 [Page 27] 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 no [...]. 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, Em [...]lus, Belforest, G [...]rard, and other French stories do testifie, Em [...]l. l. 2. Hist Fran Belfor [...]n vita childe [...] 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 Ch [...]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 F [...]ench are ready to continue their obedience & allegeance unto him: but if he be apt for none of these [Page 28] 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 en [...]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 make [...]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, [Page 29] 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 withal [...], 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 [...]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 con­di [...]ions and promises made also on their parts, for using well t [...]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 us [...]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 p [...]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 Nem [...]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 [...]nto the Royall seat, and all such as at this day do get by force to raine among to [...] the Tur [...]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 ma [...]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 b [...]fore in matters of government [...] since that time I say this [...]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 e­st [...]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 b [...]eu [...]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.

Fir [...] 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 pu [...] as at this day it is used, but many times the meanes thereof were turbulent and sedi [...]ious, yet find I (as I say) that above a thousand yeares one, they were wont to have anoth exacted at their hand, by rh [...] pa [...]riark of Constantinople, who was the chiefe Prelate, for thus writeth Zon [...]ras of the c [...]ronation of A [...]asta [...]ius the first, that succeeded Zeno, obout the veare of [...] 5 4 Amequam coronaretur, fidei confessionam script [...]m, quae ollic c [...]retur, se in dogmatibus Ecclesiastic [...] esse novatu u [...], ab eo exegi [...] patrlar [...] [...] vir sanctus & orthodoxus he [...] being a help and catholique mae [...] [...]equired of A­nast [...]tius [...]l [...]cted Emperour, before he was crowned a cou [...]sion [...] should pro [...]ise to change or innovate nothing in matt [...]rs perteining t [...] the doctrine of the [...] and the same ha [...]e Nicepb [...] [...] and ot [...]ers.

[Page 30] And not onely this but divers other conditions also doth the same author insinuate that this Anaas [...]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 ti [...]e in the beginning of his government, but after fel [...] 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 bot [...] from [...]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 [...]elato confirmasset. That is to say the conditions which he had avowed and confirmed with a grave oath.

[...]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 violatu [...]um neque christianorum sanguine manus contami­naturum. Zon. To [...] 3. in vita Mich. An. 820. [...]hich is Michell new chosen Emperour, came early in [...]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-wel [...]h was not satisfi­ed with an oath, except also it were set down in writi [...]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 Cha [...]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 admi [...]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 O [...]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 [...]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. [...]: though being his heir, & so named by H. himself to the inhe­ritance of the said r [...]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 ou [...] 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 ho [...]din [...] up your hands to Heaven, Whiti­ch ndus gest. Saxon lib. 1. And the [...] 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, th [...] staf with the scepter, & diadem, every one whereo [...] the Archbishop out up [...]n the Emperor, telling him the signification of every thing, what it did bind him un [...]o: as for ex­ample when he put the sword about him he said, accipe hunc gladium quo ejicias omnes Christi adversari [...]s & ma [...]os christianos, authoritate divino per Episcopos tibi tradita, w [...]t [...]chin. l. 2, which is, take unto thee this sword wh [...]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 [...]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, co [...]onatur diademate aureo, ab Episcopis, & ab eisdem ad soti­citur [Page 31] & 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. Emp [...]ror & Nephew unto this other Oth [...], 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 Y [...]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 p [...]ace, to keepe and observe all Lawes Rights and Priviledges of the Empy [...]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 [Page 32] 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 u [...]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 depu [...]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. Promi [...]o coram Deo & ange­lis ejus, I do promise and swea [...]e before God and his An [...]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, du [...] and canonic [...]ll honour unto the Bishops of [...]his Land, and to the rest of the Clergy, and if (which God forbid) I should [Page 33] 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; bu [...] 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 four [...]h nationall Councel of Toled [...], 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 S [...]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 ac­ [...]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, [...]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 p [...]aesen­tem [Page 34] [...] 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 rever [...]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 Toled [...], 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 haere [...]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 s [...]vere decre [...] was made in the sixt Councel, conc [...]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 Chintill [...] was present in Tolledo, as Ambrosio Morales [...]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 [...] 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 Esp [...] yet [Page 35] 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 Rod [...]igo their last King that lost the whole, untill the yeare of our Lord 158 [...]. 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 Pelay [...] 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 establish [...]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 hundr [...]d shillings, and to the end be may give all men to understand, that no man now is above him, let himselfe tye [Page 36] 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 Clodo [...]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 Pelay [...] 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 o [...] [Page 37] 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 Phil [...]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 you [...] and therefore I d [...]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 r [...]quest the nobility and people to admit his sonne, and secondly how [...]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 [...]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 4 [...] 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 b [...]gun, when it 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 [Page 38] 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.

I [...] Phillippe parle grace de Lieu prochain d [...]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 y [...]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 Evangel [...]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 anc [...]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 v [...]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 [Page 39] 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 ord [...]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 gl [...]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 Bisho [...] 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 Gasconi [...] 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 words in th [...] name of all the Cleargie and Churches of France: Sir, that which we require at your handes this day, is that you promise unto us that you will keep all canonicall priviledges law and Justice, due to be kept and d [...]fend [...]d as a good King is bound to do in his Realme, and to every Bishop and Church to him Committed where­unto the King answered. I do promise and avow to every one of you and to every Church to you committed, that I will keep and maintaine all canonicall priviledges law and Justice due to every man to the uttermost of my power, and by Gods helpe shall defend you as a [Page 40] good King is bound to doe; in his Realme. This being done the King did sweare and make his Oath, laying his handes upon the Gospell in these words following. Au [...]nom de Iesus Christ, ie Jure & promots aw peuple Christi [...]n a may suject cos thoses, &c. Which is in English: in the name of Jesus Christ I do sweare and promise to all Christian people sub­ject unto me these poiuts ensuing first to procure that all my subjects be kept in the union of the Church, and I will defend them from all excesse, rapin extortion, and iniquitie, Se­condly I will take order that in all iudgments justice shall be kept, with equity and mer­cy, to the end that God of his mercy may conserve unto me with my people his holy grace and mercy. 3. I shall endeavour as much as possibly shall lie in me, to chuse and drive out all my Realm and all my Dominions, all such as the Church hath or shall declare for Heriticks as God shall help me and his holy Gospells. Thus sweareth the King, and then kisseth the Gospells, and immediately is sung. Te Deum laudamus, and after that are said many par­ticular prayers by the Arch-Bishop, and then is the King vested, and the ring, scepter Crown and other Kingly Ornaments and Ensignes are brought and put upon him, with Declaration first what they signifie, and then particuler prayers are made to God, that their signification may be by the King fulfilled.

And after all ended the Arch-Bishop with the Bishops do blesse him, and say these words unto him. ‘God which reigneth in Heaven, and governeth all Kingdoms blesse you, &c. Be you stable and constant, and hold your place and right, from henceforth which here is committed and layd upon you by the Authority of Al­mighty God, and by this present tradition and delivery which we the Bishops and other Servants of God do make unto you of the same, and remember you in place convenient, to bear so much more respect and reverence unto the Clergy, by how much nearer then other men you have seene them to approach to Gods Alter, to the end that Jesus Christ Mediatour of God and man, may confirme & maintaine you by the Clergy and people, in this your Royall Seat and Throne; who being Lord of Lords, and King of Kings, make you raigne with him and his Father, in the life and glory everlasting.’

Thus saith the Arch-Bishop unto him, and after this he is led by him and the o­ther Peeres, unto the seat Royall, where the Crown is put upon his head, and many other large Ceremonies used, which may be read in the Author aforesaid, and are to long for this place. And yet have I bin the larger in this matter of France; for that I do not think it to be improbable, which this Author and others do note, to wit, that most Nations round about have taken their particuler formes of Anointing and Crowning their Kings, from this ancient Custome of France, though the substance thereof, I meane of their sacring and Anointing, be deduced from examples of far more antiquity, to wit, from the very first Kings among the people of Israel. 1. Reg. 10. & 16. 2. Reg. 2. whom God caused to be anointed by his Priests and Prophets, in token of his election, and as a singuler priviledge of honour and preheminence unto them whereof King David made so great accompt when he said to the Souldier that had kissed Saul his enemy in the war. 2. Reg. 1. quaere non to [...]uisti mittere manum tuam in Christum Domini, Why diddest thou not feare to lay thy hands upon the Anoint­ed of God, and he put him to death for it notwithstanding Saul had been long before deposed, and rejected by God, and that himselfe had lawfully borne Armes against him for many dayes, so much was that ceremony of Anointing estemed in those daies and so hath it been ever since among Christian people also, for that Kings hereby are [Page 41] made sacred, and doe not only participate with Priests, but also with Christ himselfe who hath his name of this circumstance of Anointing as all the world knoweth.

Probable then I say it is, that albeit the substance of this ceremony of Anointing King be much elder then the Christian Kingdom of France: yet is this particuler rule and maiesticall manner of doing the same by way of Coronation, the most ancient in Frauce aboue all other Kingdomes round about, especially if it began with their first Christian King Clodovious not full 500. Yeares after Christ, as French Authors doe hold. At what time also they recount a great miracle of holy Oyle sent from Heaven by an Angell for Anointing Clodou [...]us, whereof they say they have still remaining for the Anointing of their Kings at Rhemes, which point I will not stand to treat or discourse in this place, but rather will referr my reader to the foresaid Chapter of Francis Belforest Chronicler of France, Belfo. l. 3. Cap. 17. who alleadgeth divers writers of almost 500. year antiquitie that write of the same, but howsoever that be, very propable it seemeth that all the ceremonies of Coronation in Germany and Polonia before receited (which had their begining long after the reigne of Clodo­neus) might be taken from thence, & so the affinity & likenesse of one to the other doth seeme to agree, and Garibay also the Chronicler of Spaine, and Nauarra, in his 22. Booke Estevan, Garribay. lib. 22. c. 1. talking of this custome of annointing and Crowning the Kings of Nauarra, saith, that this excellent custome began there (I meane in Nauara) about 800. yeares past and was brought in by certain Earls of Champain of France named Theobaldes who comming to attaine that Crowne brought with them that reverent ceremony of Anointing and Crowning their Kings, accor­ding to the use of the French, which custome endureth untill this day in that part of Navarra that is, under the house of Vandome, albeit in the other that is under the Spaniards (which is firr the greater it was left of in the Year 1513. when Fardinande surnamed the Cathol que King of Spaine entred thereupon, for the Spanish Kings are never Anointed nor Crowned but otherwise admitted by the Common wealth.

But among all other Kingdomes it seemeth that England hath most particularly taken this custome, & Ceremony from France, not only for the reason before alleadg­ed that diverse of our English Kings have come out of France, as William Corque­rour borne in Normands, King Steven soune to the Earl of Blois, and Bolen, a French man, and King Henry the Second born likewise in France, and sonne to the Earl of A [...]iou: but also for that in very deede the thing it selfe is all one in both Nations, and albeit I have not seen any particuler Book of this action in England, as in French there is: yet it is easie to gather by stories What is used in England about this af­faire.

For first of all, that the Arch-Bishop of Ca [...]terbury did ordinarily doe this cere­mony in England, as the Arch-Bishop of Rhemes doth it in France, there is no doubt, and with the same solemnity and honour, according to the condition and state of our Countrey and Polidor Virgill in his story Polid. ib. 13 Hist Angile in vita Henrici. noteth that Pope Alexander did interdict and suspend the Arch-Bishop of Yorke with his two assistants the Bishops of London and Salisbury, for that in the absence of Tho­mas Becket Arch-Bishop of Canterbury, and without his licence, they did Crown King Henry the seconds sonne, named also Henry, at his Fathers perswasion, and divers do attribute the unfortunate successe of the said King Henry the younger that rebelled against his Father, to this disorderly and violent coronation by his Fathers [Page 24] appointment. Secondly, that the first thing which the said Arch-Bishop requireth at the new Kings hands at his Coronation, is about religion, Church matters and the Clergie (as in France we have seen) it appeareth evedently by these words which the same Arch-Bishop Thomas (surnamed commonly the martyr) remaining in banish­ment wrote to the same King Henry the Second which are these. Memores sitis con­fessionis quam fecitis & posuistis super altare apud Westmonasteriam de servanda Ecclesiae liberiate, quando consecrati fuistis, & uncti in regem a pradecessore nostro Thebaldo. In­vita D. Thom. Cantuar. apud surium in mense Decembris. Which is, do you call to your remembrance, the confession, which you made and laid upon the Alter at West­minster, for keeping and defending the liberty of the Church when you were conse­crated and Anointed King by Thebaldus our predecessour. By which words appea­reth, that as the King of England was consecrated and anointed in those dayes by the Arch-Bishop of Canterbury, so did he sweare and give up his Oath also in wri­ting, and for more solemnity and obligation, laid it down or rather offered it up with his owne hands upon the Alter, so much as was required of him by the said Arch-Bishop and Clergie, for the speciall safety of Religion, and these Ecclesiasticall liberties, which is the selfe same point that we have seene before, as well in the Oath of the Kings of France, as also of Polonia and Spaine, and of the Emperours both Gre­cian and German.

The very like admonition in effect I finde made by another Thomas Arch-Bishop of Canterbury, to another King Henry, to wit by Thomas A [...]undell to King Henry the fourth, when in a Parliament holden at Coventry, in the Yeare 1404. the King was tempted by certain temporall men, to take away the temporalities from the Clergie, whereunto when the said Arch-Bishop Thomas had answered by divers reasons, at last turning to the King [...]e besought him [saith Stow in vita Henrici 4. to remember the Oath which he voluntarily made, that he would honour and defend the Church and ministers thereof, Whereof [...] desired him to permit and suffer the Church to enjoy the priviledges and [...] of his prodecessours it did enjoy, and to fear that King which reig [...]eth [...], & by whom all other Kings do reigne, moreover he desired him to consider his promise also to all the realm, which was that he would preserve unto every man their wright and title, so far as in him lay. By which speech of the Arch-Bishop the King was so far moved, as he would heare no more of that bil of the lay­tie but said that he would leave the Church in as good estate, or better then he found it, and so he did, but yet hereby we come to learne, what Oath the Kings of England do make at their Coronations touching the Church and Clergie.

The other conditions also of good government, are partly touched in the speech of the Arch-Bishop, Holinosh in his Cro. Page 476. and 1005. and much more expresly set down in the King of Englands Oath, recorded by ancient writers, for that he sweareth as both Holinshead and others do testifie, in their English stories, in these very words, to wit.

That he will during his life, beare reverence and honour unto almightie God, and to his Ca [...]holique Church, and unto his Ministers, and that he will administer law and justice e­quall to all, and take away all unjust Lawes.

Which after he had sworne, laying his handes upon the Gospells: then doth the Arch-Bishop [turning about to the people] declare what the King hath promised and sworne, and by the mouth of a harrald at armes asketh their consents, whether they [Page 43] be content to submit themselves unto this man as unto their King or no, under the condi­tions proposed, whereunto when they have yealded themselves, then begineth the Arch-bishop to put upon him the regall Ornaments, as the sword, the ring, the scepter, & Crown, as before in the French Coronation you have heard, and name­ly he giveth him the Scepter of Edward the Confessor, and then he adeth also the same words of Commission and exortation as the other doth, to wit, stand and hold thy place and keepe thy Oath, and thereunto adjoyneth a great communication or treat, on the behalf of Almighty God, if he should take upon him that dignity without firm purpose to observe the things which this day he hath sworn, and this is the summe of the English Coronation, which you may read also by piece meale in Iohn Stow. Stow in vita Richardi 2 in fine, (according as other things in that his brief collecti­on are set down) but especially you shall se it in the admissions as well of the said King Henry the 4 now last mentioned, as also of K. Edward the fourth, at their first entrances to the Crown, for in the admission of K. Henry, Stow sheweth, how the people were demanded thrice whether they were content to admit him for their King, and that the Arch-Bishop of Canturbury (who was the same Thomas Arundell of whom we speak before) did read unto them what this new King was bound by Oath unto, and then he took the Ring, wherewith he was to wed him to the Common-wealth (which wedding importeth as you know an Oath and mutuall obligation on both sides in every marriage) and the Earle of Northumberland high Constable of England, for that day, was willing to shew the said Ring to the peo­ple, that they might thereby se the band whereby the King was bound unto them. And then it was put upon his finger, and the King kissed the Constable in signe of 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 [Page 44] 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 [...]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, inuncti [...]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, [...]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 [Page 45] 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 Government and so placed as hath been said, is under no law or restraint at all of his authority, but that himselfe only is the quick and living law, and that no limitation can be given unto him by any power under heaven except it be by his own will and that no Nation or Common-wealth can appoint or prescribe how they will obey or how their Prince shall govern them, but must leave his authority free from all bands of law, and this either Willingly or by violence, is to be procured. By which words it seemeth that he painteth out a perfect patterne of a tyrannicall Govern­ment, which how it did further the King of Navar I do not know.

His other proposition is, Apolog. pro Rege Cap. 20. That albeit the heire apparant which is next by birth to any Crown, should be never so impotent, or unfit to Govern, as if (for examples sake) he should be deprived of his sences, mad, furious, lunatique, a fool, or the like, or that he should be known on the other side to be most malicious, wicked, vitious or abominable, or should degenerate into a very beast, yea if it were known that he should goe about to destroy the Common Wealth, and drowne the ship which he had to guide, yet (saith this man) he must be sacred and holy unto us, and admitted without contradiction to his inheritance, which God and nature hath laid upon him, and his direction rèstraint or punishment must only be remited to God alone; for that no man or Common-wealth, may re­forme or restrain him. Which I doubt not will seeme unto you rather belly and base doctrine, then to come from the head of any learned or discreet man, that regard­eth the end why Common-wealths, and Kingdoms, and all Governments were ordained by God and nature, and not the flattering or adoring of any one miserable man that shall stand over them to destroy the whole.

But now to the particuler matter that we are to treat, which is, what is to be attributed to this succession or propinquity of birth alone, I am of opinion, that al­beit their want not reasons on both sides among learned men, what kind of pro­viding Governours to Common-wealths is best, either by simple and free election only or by succession of birth: my opinion (I say) is, that succession is much to be preferred, not for that it wanteth all difficulties and inconveniences (which all tem­porall things uppon earth have) but like as before I have shewed of the particuler Government of a Monarchy in respect of other forms of regiment to wit, that is [Page 46] wanted not all, but had fewer inconveniences then their formes of Regiment have so say I also of this, that albeit some inconveniences want not in succession yet are they commonly far lesse and fewer, then would follow by meere election which are subiect to great and continuall dangers of ambition, emulation, division, sedition, and contention, which do bring with them evident peril of universall destruction and disolation of the whole body, and this at every change of the prince, which change on the other side, is much assured by succ [...]ssion, for that great occasions of strife and contention are there by cut of.

2. And besides this, the Prince who is in present possession knowing that his son or next of kin, is to be his heire, hath more care to leave the realme in good order, as we see that the husbandman hath to till and manure that ground, which is his owne, and to remaine to his posterity.

3. A third commodity also there is, for that lesse mutations and alterations are seen in the Common-wealth, where succession prevaileth, for that the sonne follow­ing his father, doth commonly retaine the same friends, councellors, officers, and servants, which his father had before him: pursueth the same actions and inten­tions, with the same manner of proceeding for the most part; whereas he that en­tereth by election, being an aliene to him that went before him, and never lightly his friend, doth change alter and turne upsidowne all things.

4. Furthermore (which may be also a fourth reason) he that entereth by successi­on, for that he is either borne a Prince, or hath been much respected still for his title to the Crowne, bringeth with him lesse passions of hatred, emulation, anger, envie, or revenge against particuler men (for that no man durst offend him) then doth he which entereth by only election, for that he having bin a subject & equall to others before his advancement, and thereby holding contention with many, espetially at this election, must needs have matter of quarrell with many, which he will seeke ea­sily to revenge when he is in authority, as one the other side also such as were his e­quals before will beare him lesse respect and more unwillingly be under him, then by birth he had been there Soveraigne.

5. These and diverse other are the comodities of succession, whereunto we may al­so add the preheminence and priveledge of primogenitura, and auncetrie of birth so much respected and commended by holy writ, not only in men, but in all other cre­atures also, whose first borne were dedicated to God himselfe, and one notable ex­ample among other occurreth to my mind of the two sonnes of Isack, of the which two albeit God hath ordained to chuse the younger before he was borne, as S. Paul testifieth, and to reject the elder, that is to say, that Iacob should inherite the bene­diction & not Esau: Yet would God have his yonger to procure the said priviledge of eldership from Esau by divers means as first by bargain, and after by guile according to the storie we read in Genes. 15 and 49. Deut. 21. and 15. 2 Paralip. 21 and 3 Ex­od. 3. and 2. Rom. 9. and 13: Genes. 28 and 27. Out of which story two points may be pondered much to our purpose, first that primogenitura or eldership of birth (as I have said) was greatly respected by God, and according to that, all the dis­ce [...]t [...] and successions of Kings were commonly among that people, for that ordi­narily the elder [...] ever succeded his Father in the Crowne of Iury. And the se­con [...] p [...]int [...] God would shew even in this begining, that yet this priviledge was not so [...], but that upon just causes it might be broken, as it was by this [Page 47] his choyce of Iacob the yonger and rejecting Esau the Elder, and many times after in mat­ter of government the same was practised by God himselfe, as when Iudah the fourth tribe and not Ruben the 1 and Eldest was apointed by God enioy the scepter and Crown of the Iewes, as also when King David died not in his first second or third sonne, but his tenth in order, to wit, Solomon who was also the fourth that he had by Bersabe, was appointed for his successor, Genes. 29 and, 9. Exod, 1. 2. Reg. 5. 1. Paral. 3.

So that in very deed we have here both our two cases that were propounded in the begining, over ruled and determined by authority and example of holy writ it selfe, namely; and 1 of all, that priority and propinquitie of blood in succession, is greatly to be honored regarded and preferred in all affairs of digni [...]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 un [...]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 electiō, 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 un [...]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 [...]espect ought to be borne, [...]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 nec [...]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. poin [...]s, were ordained by the Common-Wealth, to wit, that the elder and first in blood, should succ [...]ed, and that he should be such a person as can and will govern to the publike weale of al.

[Page 48] To the second question I answer, that an heyre apparent to a Crown before his Cor [...] ­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 be [...]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 Tumul [...], 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 ma [...]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 [Page 49] 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, conti [...]uo [...]aliquot Principes ultro in ejus verba mirare coeperunt, quod benevolentiae officium nulli antea priusquam Rex renunciatus esset, praestitum constat, adeo Henricus ab ineunte aetate sp [...]m om­nibus optimae indolis fecit. Polyd [...]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 exampl [...]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 [Page 50] 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, [...]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 Realm [...], 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 propi [...]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 sh [...]uld bring forth any presidents and examples of holy Scripturs, some other might chance to reply, that [Page 51] this was by particuler priviledge, wherein God Almighty would deale and dispose of things against the ordinary course of mans law, as best liked himselfe, whose will is more then Law, and whose actions are right it selfe, for that he is Lord of all, and to be limitted by no rule, or law of man, but yet that this is not properly the Act of a Common-Welth.

Thus (I say) it may be, that some man would reply, and therefore having store enough of plain and evident matter, which hath no exception; for that it hath happened in setled Common-Wealths, and those near home, where the law of succession is received and esta­blished, to wit, in Spayne, France, and England, I shall retyre my selfe to them alone: but yet putting you in mind before I passe any further, that it is a matter much to be marked how God dealt in this point with the people of Israel, at the begining, 1. Règ. 8. after he had granted to them, that they should have the same government of Kings, that other Nations round about them had, whose Kings did ordinarily reigne by succession, as ours do at this day, and as all the Kings of the Jewes did afterwards, and yet this notwithstan­ding, God at the beginning, at the very entrance of their first Kings, would shew plainly that this Law of succeeding of the one the other, by birth and propinquity of blood, though for the most part, it should prevaile) yet that it was not so precisely necessary, but that upon just causes it might be altered.

For proofe whereof, we are to consider, that albeit he made Saul a true and lawfull King over the Iewes, and consequent also gave him all Kingly priviledges benefits and prerogatives belonging to that degree and state, whereof one principal (as you know) is to have his Children succeed after him in the Crowne: yet after his death God suffered not any one of his generation to succeed him, though he left behinde him many Children and among others Isboseth a Prince of 40. Yeares of age 2. Reg. 1. and 21. whom Abner the generall captain of that nation, with eleaven tribes followed for a time, as their lawfull Lord and master by succession, untill God cheked them for it, and induced them to reiect him though heire apparent by discent, and to cleave to David newly elected King, who was a stranger by Birth, and no King at all to the King deceased.

And if you say here that this was for the sinne of Saul. whom God had reiected I do confesse it, but yet this is nothing against our purpose, for that we pretend not that a Prince that is next in blood can iustly be put back, except it be for his own defects, or those of his ancestors. And more over I would have you consider, that by this it is evident that the fault of the father may prejudicate the sonnes right to the Crowne, albeit the sonne hath no part in the fault, as we may see in this example not only of Ishboseth that was punished and deprived for the offence of Saul his Father (notwithstanding he had been proclaimed King as hath been said) but also of Ionathus Saules other sonne, who so good a man, and so much praised in holy Scripture, and yet he being slaine in Warr, and leaving a sonne named Mephiboseth he was put back also, 2. Reg. 5. though by neare­nesse of blood he had great interest in the succession and much before David.

But David being placed in the Crowne by election, free consent, and admission of the people of Israell, as the Scripture plainly testifieth (though by motion and direction of God himself.) we must confesse, 2. Reg. 2, and 5. and no man I think will deny, but that he had given unto him therewith, all Kingly priviledges prehemiences and regali [...]ies, even in the highest degree, as was conveniene to such a state, and among other, the Scrip­ture expresly nameth, that in particuler it was assured him by God, that his seed should reigne after him: yea and that for eve [...], Psal. 131. 2. Paral. 6. but yet we do not find this to be performed to any of his elder sonnes as by order of succession it should seeme to appertain) no nor to any of their of spring or discents, but only to Solomon, which was [Page 52] 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 [...]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.

[Page 53] 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 ont 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 Gothe [...], 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 [...]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 Aust [...]rias, he joyned all those Kingdoms together, that day forward the 3 race of the Kings of Navair to reign in [Page 54] 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 race [...] and [...]anks of Royall discents, divers examples might be alleadged for manifest proof of my purpose: ye [...] 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 c [...]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 thi [...] 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 Erm [...]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▪ S [...]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 ch [...]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 [...]f the Spaniards vva [...] not yet ended against the memory of K. Eruela: they vvould not yet admit any of his Generation; but ra [...]her excluded th [...]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. [...]ruca being novv vvel aslvvaged; they admitted to the Kingdom his foresaid son Don Alonso the yonger surnam [...]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 cose [...]n German Don vermudo, son to his uncle the Prince, should be elected in his place. And the Realm of Spay [...]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 yeare [...] reign, this [...] [Page 55] King V [...]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 cruel [...] & 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 Gentlem [...]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 [...]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, th [...]t albeit this Don Ram [...]ro was next in bloud to the suc­cession, after the death of his uncle Don Alonso without children, yet was hee chosen by the States as here it is said in expresse words.

Moreover it is to be noted▪ that albeit this Author Ambrosio Morales & other Spa­nish Writers do say, that in the time of this K Ramiro, the law of succession by pro­pinquity in blond was so revived, & strongly confirmed that as the kingdom of Spain was made as Majorasgo as he termeth it, which is, an inheritance so intailed and tyed only to the next bloud as there is no possibility [...]o alter the same, and that from this time forward the King always caused his eldest Son to be named King or Prince & so ever to be sworn by the Realm and Nobility, yet shall we find this Ordinance and succession oftentimes to have been broken upon severall considerations, as this Au­thor himself in that very chapter confesseth.

As for example, after four discents from this man, which were Don Ordonio the 1. this mans Son, and Don Alonso the 3. Don Garzia and Don Ordonio the second, all four Kings by orderly succession, it hapned that in the yeer of Christ 924. Don Or­donio the second dying, left four Sons and one daughter lawfully begotten, and yet the State of Spain displaced them all, and gave the kingdom to their Uncle Don Fruela se­cond brother to their Father Don Ordonio, and Morales saith, Mor. l. 16. cap. 1. an. 924. [...]hat there appeareth no other reason hereof, but only for that these Sons of the King deceased were young, and not so apt to govern well the Realm as their uncle was.

[Page 56] But after a yeers Reign▪ this King Fruela dyed also, & left divers children at mans estate, & then did the Spaniards as much against them, as they had done for him be­fore, against the children of his elder brother. For they put them all by the crown, and chose for their King Don Alonso the 4▪ which was eldest Son to Don Ordonio the 2. be­ [...]ore named, that had been last King saving one, and this man also (I mean Don A­lonso the 4,) leaving afterward his Kingdom, & betaking himself to a religious habit offered to the Common [...]welth of Spain his eldest Son lawfully begotten, named Don Ordonio, to be their King, but they refused him, and tooke his Brother (I meane this Kings Brother) & Uncle to the young Prince, named Don Ramiro, Moral. lib. 19. cap. 20. An. 930. who reigned 19 yeers, & was a most excellent King & gained Madrid from the Moors, though noted of cruelty for imprisoning and pulling out the eyes af­terward of this King Don Alonso the 4. and all his children & nephewes, for that hee would have left his habit, & returned to be King again. But this fact my au [...]hor Mo­rales excuseth, saying that it was requisit for pcace & safety of the Realm; so as here you see two manifest alterations of lineal succession together by order of the Com­mon-welth.

Furthermore, after this noble King Don Ramiro the 2. succeeded as heire apparent to the Crown his elder Son, Don Ordonio the 3. of his name, in the yeer of our Savior 950. but this succession endured no longer then unto his own death, which was after 7 yeers, for then albeit he left a Son named el enfante Don Vermudo, yet he was not admitted, but rather his brother, Don Sancho the first of his name, surnamed el Gordo, who was Uncle to the young Prince, and the reason of this alteration Morales giveth in these words, el succeder en el regno al hermano, fue por la racon ordinaria de ser el en­fante, Don Vermudo nino y no bastante para [...]l goviernoy difenca de la terra. Mor. l. 16. c. 29. An. 950. which is the cause, why the Kings brother, & not his Son, succeeded in the Crown, was for the ordinary reason (so often before alledged) for that the Infant or young Prince Vermudo was a litle child, & not sufficient for Government and de­fence of the Country. Truth it is, that after this Don Sancho had reigned, & his son & heir named Don Ramiro the 3. after him, for the space of 30. yeers in all, Mor. l. 17. c. 1, 2, 3, 4. Then was this youth Don Vermudo (that is now put back) called by the relm to the succession of the Crown, & made King by the name of King Vermudo the 2. who left after him Don Alonso the 5. & he again his Son Don Vermudo the 3. who marying his sister Dona Sancha that was his heir) unto Don Fernando, first Earle▪ & then King of Castile (who was second Son to Don Sancho Mayor, K ing of Navarras before hath been said) he j [...]yned by these means the Kingdoms of Leon & Castile to­gether, which were separate before, & so ended the line of Don Pelayo, first Christ [...]n King of Spain after the entrance of the Moors, which had endured now 300. yeers & the bloud of Navar entred as you see, & so continued therein untill the entrance of [...]ose of Au [...]tria as before hath been said, which was almost 500. yeers together. And thus much I thought good to note out of the stories of Spain, for this first discent of the Spanish Kings after the entrance of the Moors▪ neither mean I to passe much fur­ther, both for that it would be over long, as also for that mine Author Morales, who is the most diligent that hath written the Chronicles of that Nation, endeth here his story with King Vermudo the 3. & last of the Gotish bloud. Notwithstanding, if I would go on further, there would not want divers evident examples also to the same purpose, which Stephen Garabay another Chronicler of Spain, doth touch in the conti­nuation of this story, weereof for examples sake only I will name 2 or 3 among the rest.

[Page 57] And first about the yeer of Christ 1021. there was a marriage made by K▪ Iohn of England for Dona Blancha his Neece, that is to say, the daughter of his sister Dame El [...]nor, & of Don Alonso the 9. of that name, King & Queen of Spain, which Blancha was to marry the Prince of France, named Luis, son & heir to K. Philip (surnamed Augustus) which Luis was afterward K. of France by the name of Luis the 8. & was Father to Luis the 9. surnamed the Saint. Car. lib. 11. c. 12. This Lady Blancha was Neece as I have said unto K. Iohn & to K. Richard the [...]. of England for that her Mo­ther Lady Elenor was their sister, & daughter to K. Henry the 2. and K. Iohn made this mariage, therby to make peace with the French, & was content to give for her dow­ry (for that he could not tell how to recover them again) all those Townes & Coun­tries which the said K. Phil. had taken upon the English, by this Kings evill Govern­ment in Normandy & Gascoyn; and moreover promise was made, that if P. Henry of Spain (that was the only brother to the said Lady Blanch) should dye without issue (as after he did) then this Lady should succeed in the Crown of Spain also; but yet afterward the State of Spain would not perform this, but rather admitted her young­er sister Dona Berenguela, maryed to the Prince of Leon, and excluded both Blanch & her son the King S, Luis of France, against the evident right of succession & propin­quity of bloud, & the only reason they yeelded hereof, was not to admit strangers to the Crown, as Garabay testifieth. This hapned then, & I do note by the way, that this Dona Berenguela second daughter of Q. Elenor, the English woman was maried (as hath bin said) to the Prince of Leon, & had by him Don Fernando the 3. of that name, K of Castilia, surnamed also the Saint, so as the two daughters of an English Queen had two Kings Saints for their Sons at one time, the elder of France, & the yonger of Spain. After this again about 60 yeers the Prince of Spain named Don Alonso, surna­med de la cerda, for that he was borne with a great gristle haire on his breast, called cerda in Spanish, which Don Alonso was Nephew [...]o the King Fernando the Saint, & marryed with the daughter of S. Lewis K. of France, named also Blancha as her grand mother was & had by her two sons called Alonso & Hernando de la cerda, as the Prince their Father was named, which Father of theirs dying before the King, the Grand father left them commended to the Realm as lawful heire apparent to the crowne, yet for that a certain Uncle of theirs named Don Sa [...]cho, younger brother to their fa­ther; which Don Sancho was surnamed afterward el brav [...], for his valour, and was a great Warrier, and more like to manage wel the matters of war then they: he was made heir apparent of Spain add hey putb [...]ck in their Grandfa [...]hers time, and by his and the Realms consent (their Father as I have said being dead) and this was done at a generall Parliament holden at Segovia in the yeer 1276. and after this Don Sancho was made King in the yeer 1284 & the two Princes put into prison; but afterward at the suit of their Uncle King Philip the 3 of France, they were let out again, & en­dued with certain lands, & so they remain unto this day; and of these do come the Dukes of Medina Celi, & all the rest of the hou [...]e of Cerda, which are of much Nobi­lity in Spain at this time, & K. Philip that reigneth cometh of Don Sancho the yonger Brother. Not long after this again when Don Pedro surnamed the cruel King of Ca­stile, was driven cut, & his bastard brother H▪ 2. set up in his place, the Duke of Lan­caster John of Gant, Gar. l. 15. c. 1. an. 1363. having maried Dona Constantia, the said King Padroes daughter and heir, pretended by succession the said [...] Crowne of Castile, as indeed it appert [...]ined unto him; but yet the State of Spain denyed it flatly, and de­fended it by arms, & they prevailed against John of Gant, as did also the race of H▪ [Page 58] the B [...]stard against his lawfull brother, & the race of Don Sancho the uncle against his lawfull nephews, & that of Dona Berenguela against her elder sister, all which races do reign unto this day, & these three changes of the true line, hapned within two a­ges, and in the third and principall discent of the Spanish Kings, when this matter of suceession was most assuredly & perfectly established, & yet who will deny but that the Kings of Spain who hold by the latter titles at this day be true & lawfull Kings. Well, one example will I give you more out of the kingdom of Portugal, & so will I make an end with there countries. This king Henry the bastard last named [...] Spain had a son that succeeded him in the crown of Spain, named Iohn the 1▪ who marryed the daughter & he [...]r named Dona Beatrix, of k Fernando the 1. of Portugal, but yet af­ter the death of the said k. Fernando the States of Portugall would never agree to ad­mit him for their King for not subjecting themselvs by that means to the Castilians & for that cause they rather took for their king a bastard brother of the said late k. Don Fernando, whose name was Dondulan a youth of 20 yeers old, who had bin Ma­ster of a military order in Portugal named de Avis, & so they excluded Dona Be [...]tr [...]x Q. of Cast l. that was their lawfull heire & chose this young man, & marryed him af­terwards to the Lady Philip da [...]ghter of Iohn of Gaunt D. of Lancaster, by h [...]s first wife Blanch, Duches & heir of Lancaster, in whose right the kings of Portugall & their dis­cendents do pretend unto this day a certain interest to the house of Lancaster. Here­by we see what an ordinary matter in hath been in Spain & Portugall to alter the line of next succession upon any reasonable consideration which they imagned to be for their weal publike, and the like we shall find in France and England.

The eighth Speech.

AS concerning the state of France, although since the entrance of their first king Pharaniond with his Franks out of Germany, which was about [...]he yeere of Christ 419. they have never had any stranger come to wear their crown, which they attribute to their law Salike, that forbiddeth women to reign; ye among themselves have they changed twise their whole race & linage of kings once in the entrance of k. Pepin that put out the line of Pharamond about the yeer 751. & again in the promo­tion of k. Hugo Capetus that put out the line of Pepin, in the yeer 983. so as they have had 3 discents & races of Kings as well as the Spaniards; the first of Pharamond, the 2. of Pepin and the 3. of Capetus, which endureth to this present, if it be not altered now by the exclusion that divers pretend to make of the King of Navar, and other Princes of the bloud Royall of the house of Burbon.

I will here set p [...]sse the first rank of all, of the French Kings, for that some men say perhaps, that the common wealth and law of succession, was not so well setled in those days as it hath been afterward in time of k. Pepin, Charles the great, and their discendanta [...] as also for that it were in very deed over edious to examine and peruse all three ranks or kings in France, as you will say when you shall see what store I have 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 [Page 59] 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 Pep [...]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, besi [...]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 child [...]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, Pa [...]l. Mil. hist. Fr [...]nc. that is, The Nobility of the Realme coming of their own accord un [...]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 deli­bera [...]ion of the Realm.

After Charles the great reigned by succession his only Son Lewis the first, surna­med de [...]onnaire of h [...]s courtesie, who entring to reig [...] in the yeer 817. with great ap­plause of all men for the exceeding gratefull memory of his father, was yet after­ward at the pur [...]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 h [...]s second wife (which sonne was named Charles le ch [...]une, for that he was bald) [...]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 succes [...]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 h [...]s Father Charles the ba [...]d, but that he calling a so­lemn P [...]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 [Page 60] 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 d [...]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 & corp [...]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 Burg [...]ndy, an. 927. and soon after he dyed through misery in the same castle, & his Q. Ogin fled in [...]o England, where with her litl [...] son Lewis unto her uncle K. Adel­stan, as Q. Adeltrude had done before with her son unto K. Al [...]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 [Page 61] 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. Ad [...]lston of England, and by Wil. D [...]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'O [...]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 sna [...]ch [...]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 thes [...] 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 [...]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 [Page 61] 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 m [...]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, [...]ur old enemies and have acquainted your self with their vile & base manners, wher­ [...]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 themselves secure in conscience, as you see, for doing the same, which God hath also since seemed to confirm with the succession & happy successe of so many noble and most Christian Kings as have issued out of this line of Hugo Capet us unto this day.

And this spoken now of the second line of France, I take to be sufficient for proof of our purpose, without going any further, for that if we do but number these Kings already named, that have reigned in this second race, from K. Pepin downwards unto Hugh Capet (which are about 17 or 18 Kings in 238 yeeres) we shall find that not some few, but the most part of them did both enter and enjoy their crowns and dig­nities contrary to the law of lineall discent, and of next succession by bloud. Where­of also there would not want divers examples in the third and last discent, since Hugo Capitus his time, if we would passe further to examine the stories thereof. For not to go further down then to the very next discent after Hugh, which was K. Robert his Son, Girard affirmeth in his story, Gir. l. 6 an 1232. that of his two Sons which he had named Robert & Henry, Robert the elder was put back, & his younger brother Henry made K. of France, & reigned many yeers by the name of H. the 1. and this he saith hapned partly for that Robert was but a simple man in respect of Henry, and partly also for that H. was greatly favoured and assisted in this pretence by Duke Robert of Normandy, Father to our William the conqueror, and in recompence hereof this King Henry afterward assisted the said William bastard Son to Robert, for the attaining of the Dukedom of Normandy, after the death of the said Duke Robert his Father, not­withstanding that Duke Robert had two lawfull brothers alive at that time, whose names were Manger Archbishop of Rone and William Earl of Argues in Normandy, who pretended by success [...]ion to be preferred, Gir. l. 6. an. 1032. and 1037. But the States of Normandy at the request of Duke Robert when he went to the Holy land (in which journey he dyed) as also for avoid [...]ng dissention & wars that otherwise might ensue, were content to exclude the uncles, and admit the bastard son, who was also [Page 63] assisted by the Forces of the King of France, so as no scruple it seemed there was it those days, either to prefer K. Hen. to the crown of France before his elder brother or D. William the bastard son to the Duchy of Normandy before his lawfull un­cles upon such considerations, as those States may be presumed to have had for their doings. I read also that some yeers after, to wit, in the ye [...]r 1 [...]10 when Philip the 1. of France son and heyr to this K. Henry was deceased, the people of France were so offended with his evill life and government, as divers were of opinion to dis-inherit his Son Lewis the 6. surnamed le Gros, for his sake, and so was he like to have been indeed, as may appear by the chronicle of France, if some of his party had not caused him to be crowned in hast, and out of order in Orleans for prevn­ting the matter.

The like doth Philip Cominaeus in his story of K. Lewis the 11d [...] clare, how that the State of France had once determined to have dis-inherited his Son Charles, na­med after the 8 & to pu [...] him back from his succession for their hatred to his Fa­ther, if the said Father had not dred while the other was very young a [...] noted be­fore also, that it hapned in K. Hen. the 3 of England, w [...]o was once condemned by the Barons to be dis-inherited for the fault of K Iohn his Father, & Lewis the Pr­of France chosen in his place but that the death of K. Iohn did alter that course in­tended by the English Nobi [...]ity, so as this mat [...]er is neither n [...]w nor unaccustom­ed in all sorraign Countries, and now will I passe also a little to our English sto­ries, to see whether the like may be found in them or no.

And first of all, that the Realm of England hath had as great variety, changes, & diversity in the races of their Kings, as any one Realm in the world it seemeth e­vident: for that first of all after the Britains, it had Romans for their Governours for many yeer, & then of them, & their Roman bloud, they had Kings againe of their own, as appeareth by that valiant King Aurelius Ambrosius, who resisted so manfully & prudently the Saxons for a time, after this they had Kings of the Sax­on & English bloud & after them of the Da [...]es, & [...]hen of [...]he Normans and after them again of the French; & last of all, it seemeth to have returned to the Britains again, in K. H. 7. for that his Father came of that race, and now you know there bee pretenders of divers Nations, I mean both of Scottish, Spanish, and I alian bloud, so that England is li [...]e to perticipate with all their neighbors round about them & I for my part do feel my self much of the French opinion before alleadged, that so the ship be well and happily guided, I esteeme it not much important of what race or Nation the Pylot be but now to our purpose. I mean to passe over the first and ancient ranks of Kings, as well of the Brittish and Roman, as also of the Saxon ra­ces, un [...]ill K. Egbert me 1 of this name, King of the West Saxons, & almost of all the rest of England besides who therefore is said to be [...]roperly the first Monarch of the Saxon bloud, and he that first of all commanded that Realm to be called England, which ever since hath been observed.

This man Egbert being a young Gentleman of a noble house in the West parts of England, was bad in jelousie by his K. Britricus, who was the 16. K. from Cordi­cius, first K. of the West Saxons, as he was also the last of his bloud.

[Page 64] And for that he suspected that this Egbert for his great prowess might come in time to be chosen King, he banished him into France, where he lived divers yeers, & was a captain under the famous K. Pepin, that was Father to Charl [...]s the great, & hearing afterwards that K. Britricus was dead, he returned in [...]o England where Polid [...]o saith, omnium confensu rex creatur, Pol. hist. aug. l. 4. in sine, That he was cre­ated or chosen King by consent & voyce of all men, though yet he were not next propinquity of bloud royall, as is most evident, and yet he proved the most excel­lent King that ever the Saxons had before, or perhaps after, & his election hapned in the yeer of Christ 802. when K. Pepin the first of that race reigned in France, so as this Monarchy of Egbert, and that of Pepin began as it were together, and both of them came to their crowns by election of the people, as here you see.

This King Egbert or Egbrich as others do write him, left a lawfull Son behind him named Ethelw [...]lfe, or Ad [...]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. 8 [...]2. and who among other his renowned Guests, drove Rollo that fa­mous Captain of the Danes from the Bo [...]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 E [...]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 Po [...]dor in these words, Ad [...]anus ex concubina Edwardi filius rax a po­pulo consalutatur atque ad Kingstonum opidum more majorum ab Ath [...]lmo cautuari­ensi Arel lepiscopo cor [...]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 [Page 65] 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 E [...]dred was preferred before them, an 946. so saith Palidor, Genu [...]t Edmondus ex Egilda uxore Edvinuus & Edganum, qui cum etate pueri esse [...], 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 b [...]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, [...]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 [Page 66] 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 No [...]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 of King E­theldred, untill the possession thereof gotten by William Duke of Normandy, to wit, for the space of 50 yeers, shall easily see what Authority the Common-wealth hath in such Affaires, to al [...]er Titles of Snccession, according as publique necessity or utility shall require: for thus briefly the matter passed.

King E [...]ldred seeing himself to weak for Sweno the King of Danes, that was entred the Land, fled with his wife Emma and her two children, Edward and Ale­rud unto her brother Duke Richard of Normandy, and there remained untill the death of Sweno.

And he being dead Etheldred returned into England, made a certain agreement and division of the Realme, between him and Canutus the Son of Sweno, and so dyed, leaving his eldest sonne Edmond Iron-side to succeed him, who soone after dying also, left the whole Realm to the said Canutus, and that by plain covenant as Canutus pretended, that the longest liver should have all.

Whereupon the said Canutus took the two children of King Edmond Iron-side, named Edmond, and Edward, and sent them over into Swethland, which at that time was also subject unto him.

And caused them to be brought up honourably, of which, two the elder named Edmond dyed without issue, but Edward was marryed, and had divers chil­dren.

[Page 67] Eth [...]ldred and his Son Edmond being dead, Canutus the Dane was admitted for King of England by the whole Parl [...]ament, and consent of the Realm, anno 1018. and crowned by Alerud Archbishop of Canterbury▪ as Polidor saith, and he proved an excellent King, and went to Rome, and was allowed by that See also.

He did many works of charity, shewed himself a good Christian, and very lo­ving and kind to Englishmen, marryed Queene Emma an English woman, and mother to King Edward the Confessour, and had by her a Son named Hardica­nutus, and so dyed, and was much mourned by the English, after he had reigned twenty yeers, though his entrance and title was partly by force, and partly by e­lection, as you have heard.

After this Canutus the first▪ surnamed the Great (for that he was King joyntly both of England, Norway, and Denmark) was dead, Polidor saith, that all the States of the Realm met together at Oxford, [...]o consult whom they should make King, and at last by the more part of voyces was chose, Harald the first Sonne of Canutus by a Concubine, King Harald the Bastatd. 1038. Polid. l. 8. Hist. Ang.

By which election we see injury was done to the line all succession of three par­ties. First, to the Sons of king Edmond Iron-side that were in Swethland. Then to the Princes Edward and Ajerud, sons to king Etheldred, and brothers to Iron-side that were in Normondy, And thirdly to Hardie mutus, son to Canutus, by his law­full wife Emma, to whom it was also assured at her marriage▪ that her issue should succeed if she had any by Canutus.

After the death of this Harald who dyed in Oxford where he was elected, with­in 3 yeers after his election, there came from Denmark Hardicanutus to claim the crown that his Father & Brother had possessed before him, of whose coming Poli­dor saith, libentissimis animis accipitur communiqve omnium consensu rex dicitur, an. 1041. He was received with great good will of all, and by common content made King, & this was done by the States without any respect had of the succession of those Princes in Normondy & Swethland, who by birth were before him. as hath been shewed, & this is the second breach after lineal, discent after Elthred.

But this Hardicanutus being dead also, upon the sudden [...] a certaine banket in Lambeth by London without issue, within two yeers after his Coronation, the states of the Relm had de [...]ermined to chuse Aludred for their king, who was yon­ger b [...]other to Edw. & for that cause sent for him out of Normondy, as polid, re­counteth, & had made him K. without all doubt (for that he was esteemed more stirring & valiant then his elder brother Edw.) had not E. Goodwin of Kent fea­ring the youngmans stomack raised a strong faction against him, & thereupon also caused him to be tray [...]eronsly murthered, as he passed through Kent towards Lon­don, nor had the State here in any respect to Antiquity of bloud, for that before A­lured were both [...] own elder brother P. Ed. (who after him was chosen King, and before them both were Edm▪ & Edw. the children of their elder brother, Edmond Iron [...] and this the third breach of lineall discent.

[Page 68] But this notwithstanding, Alerud being slain, P. Edw. was made King, tanta pub­lica lat tia, saith Polidor, vt certatim pro ejus faelici principatu, cuncti vota facerent; that is, he was made King with such universall joy & contentment of all men, as every man contended who should pray and make most vows to God for his hap­py reign, and according to this was the successe, for he was a most excellent Prince and almost miraculously he reigned with great peace, & void of all war at home & abroad for the space of almost 20 yeers after so infinit broyls as had beene be­fore him, & ensued after him; & yet his title by succession cannot be justified, as you see, for that his eldest brothers Son was then alive, to wit, Prince Edw. surna­med the outlaw, who in this Kings reign came into England, & brought his wife, & three lawfull children with him, to wit, Edgar, Margaret, and Christian, but yet was not this good K. Edw. so scrupulous, as to give over his kingdome to any of them, or to doubt of the right of his own title, which he had by election of the Common-wealth against the order of succession.

This K. Edward being dead without issue, Polidor saith that the States made a great consultation, whom they should make King, & first of all it seemeth they excluded him that was only next by propinquity in bloud, which was Edgar Ale­din, son to the said Prince Edw. the outlaw now departed, and Nephew to K. Ed­mond I tonside & the reason of this exclusion is alleadged by Pol. l. 8. in these words, is puer id aetatis nondum regno gubernando maturus erat, that is, he bein [...] a child of so small yeers was not ripe enough to govern the kingdom, and then he saith, that Harald son of Earl Goodwin by a daughter of Canutus the first proclay­med himself King, an. 10 [...]. & morover he addeth, Nond spt cuit omninoid factum populo, qui plurimum spei in Haraldi virtue habehat, ita (que) more majorum sacratus est, which is, this fact of Harald displeased not at all the people of England, for that they had great hope in the vertue of this Harald, & so was he annoin [...]ed & crowned ac­cording to the fashion of the ancient Kings of England, by which words we may see that Harald had also the approbation of the Realm to be King, notwithstanding that little Edgar was present, as hath been said; so as this was the 4. breach of suc­cession at this time.

But in the mean space William Duke of Normandy pretended that he was cho­sen before by [...] 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 th [...]t they had broken their oaths and promises in that behalf, Gir l. 6. [...]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, [Page 69] 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. [...]. cap. [...]4. that Alexander the second pope of Rome, whose holinesse was so much esteemed in those daies as one constan [...]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 pr [...]cious ring of [...]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 [...]art. 2 Chron. [...]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 acc [...]unting from the death of King Edmond I consider unto this man, we shall find (as before I have said) in lesse then 5 [...] yeares, that 5. or 6 Kings were made in Eng [...]and one after another, by only authority and approbati [...]n of the [...]ommon wealth contrary to the or­dinary course of ineall succession by propinquity of blo [...]d

And al this is before the conquest, but it we should passe any further down, we should find more e [...]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 Du [...]e of Normandie, to wh [...]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 W [...]illiam for perticular displeasure against his elder sonne and had ordein [...]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 th [...]m the contr [...]ry, who was at that day of high estimation and authority in England and so might indu [...]e the realme to do what he liked.

By like meanes gat Henry his younger brother the same crown afterwards, to wit by fair pr [...]mises to the peop [...]e, and by help principally of Henry Newborow [...]arle of Warwick, that dealth with the nobility for him, and Maurice Bishop of London with the cleargie for that Ans [...]lme Arch bishop of Can [...]erbury was in ba [...]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 the [...] 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 wit [...]out issue, and then was shee married againe the second time to Geffry Pantage [...]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, bu [...] 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 Ma [...]de [...]is mother, he was admitted and Henry put backe, and this chiefly at the perswasion of Henry Bish [...]p of Winche [...]er brother to the said Ste­phen, as also by the sollicitation of the Abbot of Glast [...]nbury and [...]thers, who thought be like they might do the same, with good conscience for the good of the realm though the even [...] proved not so well. for that it drew all England into factions and divisions, for avoyding and ending whereof, the states [...]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 [Page 70] succession to the crowne and made onely Earle of Norfolke, thus did the stat [...] dispose of the crown at that time which was in the yeare of Christ, 1153.

To [...]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 cal [...]ed by the French Iean sens terre as if you wou [...]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. [...]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 ta [...]en by King Iohn though he had the King of Franc [...] on his side, anb he died pitifully in prison, or rather as most authors do ho [...]d, he was put to death by King Iohn his uncles own hands in the castle of Roan, thereby to make the titl [...] 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 he [...]r of Brit [...]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 mi [...]liked utterly the government and proceeding of this King Iohn, they rejected him againe and chose Lewis the Prince of France to be thei [...] King 3216 and did swear fea [...]ty to him in London, as before hath bin said and they dep [...]i [...]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 [...]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 t [...]e 53 yeares afterward, the [...]ongest reign as I think that any before or after [...]im hath had in England.

Moreover you [...]now from this king Henry the third, d [...] take th [...]ir first beginning the two branches at Yorke and L [...]ncastee wihch after fe [...] 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 th [...] com [...]on-wealth fot that as the people were affected and the greater part prevailed [...]o [...]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 lawfu [...]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 wou [...]d o [...]ow, and we should shake the states of most princes in the world at this day.

And to conc [...]ude as one the one side pro [...]inquity of b [...]ood is a great [...]reheminence towards the atteining of any Crowne so doth it not ever bind the common wea [...]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 [...]p-hazard, or of necessity every one that is next by succession of b [...]oud as some fa [...]se [...]y and fondly a [...]meth, but rather she is bound to consider well and maturely the person that i [...] to enter, whether he be [...]ike to perform his duty and charge committeed or no, for th [...]t otherwise to admitt him that is an enimy or unfitis but to destroy the Common wealth and him t [...]gether This is my opinion aud this seemeth to me to be conform, to al reason, aw [...] religion p [...]ery, wisdome, & po [...]icy and to the use aud cus­toms of all well governed common-wea [...]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 pr [...]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 [Page 74] 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 s [...]me pu [...]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 circu [...]stance of the time, wherein wee live, and to the present case which is in question betwix [...] 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 [Page 75] 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, wh [...]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 need [...]ull for their preservation and continuance.

But na [...]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 obla [...]ions [...], which we see was begun and practised even in those fi [...]st be­ginnings of the law of nature, before the Leviticall law, and the particular [Page 76] 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 that was a Gentile, and lived before Moses, Job 1. Sanctificabat filios consurgensque diluculo offerebat holocausta per dies singulos. He did sanctifie his children, and rising early in the morning did offer for them holocastes or burnt sacrifices every day.

This men used in those dayes, and this they were taught by law of nature, I meane both to honour God above all things, and to honour him by this par­ticular way of sacrifices, which is proved also evidently by that which at this day is found and seene in the Indians, where never any notice of Mo­ses law came, and yet no Nation hath ever been found among them, that ac­knowledgeth not some kinde of God, and offereth not some kinde of sacri­fice unto him.

And albeit in the particular meanes of honouring this God, as also in di­stinguishing between false gods, and the true God; these people of the Indi­ans have fallen into most grosse and infinite errours, as also the Gentiles of Europe, Asia, and Africa did, by the craft and subtlety of the Divell, which abusing their ignorance, did thrust himselfe into the place of God, and deri­ved and drew those sacrifices and supreame honours unto himselfe, which were due to God alone; yet is it evident heereby (and this is sufficient for our purpose) that by God and nature, the highest and chiefest end of every common-wealth, is Cultus Dei, the service of God, and religion, and conse­quently that the principall care and charge of a Prince, and Magistrate even by nature is selfe, is, to looke thereunto, whereof all antiquity both among Jewes and Gentiles, were wont to have so great regard, as for many yeeres and ages their Kings and chiefe Magistrates were also Priests: Genebrard. l. 1, Chronol. de 1. aetate Genes. 25. & 29. Deut. 21. 2. Paral. 21. and divers learned men doe hold, that the priviledge and preheminence of primo genitura, or the first borne children, so much esteemed in the law of nature, consisted princi­pally in this, that the eldest sons were Priests, and had the charge and dignity of this greatest action of all other upon earth, which some temporall Magi­strates so little regard now.

And this respect and reverence towards religion was so greatly planted in the breasts of all Nations by nature her selfe, as Cicero pronounced, this ge­nerall sentence in his time. Cicero li. 1. quest. tusc. & de natura deorum lib. 1. Nulla est gens tam fera, nulla tam immanis, cujus mentem non imbuerit deorum colendorum religio. There is no Nation so fierce or barbarous, whose mindes are not indued which some religion of worshipping Gods.

And Plutarch writing against a certaine Atheist of his time, saith thus: If you travel far Countreys, you may chance to find some Cities without learning, with­out Kings, without riches, without money; but a City without Temples, and with­out Gods and sacrifices, no man yet hath ever seene. Plutarch adversus Colotem. [Page 77] And finally Aristotle in his politiques having numbred divers things necessa­ry to a Common-wealth, addeth these words. Quintum & primum. Circa rem divinam cultus, quod Sacerdotium sacrificiumque vocant. Aristo. l. 7. politi. c. 8. In the fi [...]t place (which indeed ought to be the first of all other) is ne­cessary to a Common-wealth, the honour and service due unto God, which men commonly doe comprehend by the words of Priest-hood and sacrifice.

All this I have alleaged to confute even by the principles of nature herself, the absurd opinions of divers Atheists of our time, that will seeme to be great Politicks, who affirme that Religion ought not to be so greatly respected in a Prince, or by the Parliament, as though it were their chiefest care, or the matter of most importance in his government, which you see how false and impious it is, even among the Gentiles themselves; but much more among Christians, who have so much the greater obligation to take to heart this matter of Religion, by how much greater light and knowledge they have of God, and therefore wee see that in all the Princes oathes which before you have heard recited to be made and taken by them at their admission and co­ronation, the first and principall point of all other, is about Religion and maintainance thereof, and according to his oath also of supreame Princes, not only to defend and maintaine Religion by themselves in all their States; but also their Livetenants and under governours; wee have in our Civill Law a very solemne forme of an oath which Justinian the Emperour, above a thousand and fifty yeeres agone, was wont to give to all his Governours of Countries, Cities, and other places, before they could be admitted to their charges, and for that it is very effectuall, and that you may see thereby what care there was of this matter at that time; and what manner of solemne and religious protestations, as also imprecations they did use therein, it shall not be amisse perhaps to repeate the same in his owne words, which are these following,

The title in the Civill Law is, juramentum quod Praestatur, iis qui administra­tiones accipiunt, the oath which is given to them that receive governments, and then the Oath beginneth thus.

Collat. 2. Novella constit Justin. 8. tit. 3. Juro per Deum omnipotentem & fi­lium ejus unigenitum Dominum nostrum Jesum Christum & Spiritum sanctum, & per sanctam gloriosam Dei genitricem & semper Virginem Mariam, & per quatuor Evangelia quae in manibus meis teneo, & per sanctos Archangelos Micha­elem & Gabrielem, puram conscientiam germanumque servitium me servaturum sacratissimis nostris Dominis Justiniano & Theodosiae conjugiejus, occasione traditae mihi ab eorum pietate administrationis. Et quod communicator sum sanctissimae Dei Catholicae & Apostolicae Ecclesiae, & nullo modo vel tempore adversaboret, nec alium quocun (que) permittam quantum possibilitatem habeam, & si vero non haec omnia servavero, recipiam omnia incommoda hic & in futuro seculo in terribili judicio magni Domini Dei & salvatoris nostri Jesu Christi, & habebo partem cum Juda & cum lepra Giezi, & cum tremore Cain, insuper & paenis quae lege eorum pietatis con­tinentur ero subjectus. Which in English is thus; I do sweare by Almighty God, and by his holy Son our Lord Jesus Christ, and by the holy Ghost, that I will keepe [...] [Page 78] pure conscience, & perform true service unto the sacred persons of our Lords & Prin­ces Justinian and Theodosia his wife, in all occasions of this government, by their benignity committed unto me. Moreover I do sweare that I am communicant and member of the most holy Catholique and Apostolique Church of God, and that I shall never at any time hereafter be contrary to the same, nor suffer any other to be, as much as shall lie in my possibility to let. And if I should breake this oath or not ob­serve any point thereof, I am content to receiue any punishment both 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) a [...] 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 Mag [...]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 m [...]ch [...]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 espous [...]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. [Page 79] 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, [Page 80] 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.


Gilbert Mabbot.

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