The right of succession asserted against the false reasonings and seditious insinuations of R. Dolman alias Parsons and others by ... Sir John Hayward ... ; dedicated to the King ; and now reprinted for the satisfaction of the zealous promoters of the bill of exclusion. Hayward, John, Sir, 1564?-1627. 1683 Approx. 297 KB of XML-encoded text transcribed from 95 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A43135 Wing H1233 ESTC R11039 13296254 ocm 13296254 98890 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A43135) Transcribed from: (Early English Books Online ; image set 98890) Images scanned from microfilm: (Early English books, 1641-1700 ; 457:15) The right of succession asserted against the false reasonings and seditious insinuations of R. Dolman alias Parsons and others by ... Sir John Hayward ... ; dedicated to the King ; and now reprinted for the satisfaction of the zealous promoters of the bill of exclusion. Hayward, John, Sir, 1564?-1627. [6], 175 p. Printed for Mat. Gillyflower, Will. Hensman and Tho. Fox ..., London : 1683. Reproduction of original in the University of Illinois (Urbana-Champaign Campus). Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Parsons, Robert, 1546-1610. Great Britain -- History -- Charles II, 1660-1685 -- Sources. 2004-01 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-03 Mona Logarbo Sampled and proofread 2004-03 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion THE Right of Succession ASSERTED , Against the False Reasonings AND Seditious Insinuations OF R. DOLMAN alias Parsons , And others . By the Learned Sir JOHN HAYWARD Kt. Doctor of Laws . Dedicated to the King ; AND Now reprinted for the Satisfaction OF THE ZEALOUS PROMOTERS OF The Bill of Exclusion . LONDON : Printed for Mat. Gillyflower , Will. Hensman , and Tho. Fox ; Booksellers in Westminster-hall . 1683. TO THE KING'S Most Excellent Majesty . Most dread Soveraign , TO offer Excuse for that which I needed not to have done , were secretly to confess , that having the Judgement to discern a fault , I wanted the Will not to commit it . Again , to seek out some colours to make it more plausible , were to bring in question the sufficiency thereof . Therefore without further insinuation either for Pardon or for Acceptance , I here present unto your Majesty this Defence , both of the present Authority of Princes , and of Succession according to Proximity of Bloud ; wherein is maintained , that the People have no lawful Power to remove the one , or repel the other : In which two Points I have heretofore also declared my opinion , by publishing the tragical Events which ensued the deposition of King Richard , and Usurpation of King Henry the Fourth . Both these labours were undertaken with particular respect to your Majesties just Title of Succession in this Realm : and I make no doubt , but all true-hearted Englishmen will always be both ready and forward to defend the same with expence of the dearest drops of their bloud . The Lord vouchsafe to second your honourable Entrance to the Possession of this Crown , with a long and prosperous continuance over us . Your Majesties most humble and faithful Subject , JO. HAYWARD . Qui tibi Nestoreum concessit pectus & ora , Nestoreos etiam concedat Jupiter annos . TO R. Dolman . YOu will think it strange , Master Dolman , that having lain these many years in quiet harbour from the tempest of mens Tongues , you should now feel a Storm to break upon you ; peradventure you were perswaded ( as every one suffereth himself to be beguiled with desire ) that this silence did grow , either upon acceptance of your opinion , or from insufficiency to oppose against it : I assure you neither ; but partly from contempt , and partly from fear . The contempt proceeded from the manner of your writing , wherein you regard not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not how either truly or penitently , but how largely you do write : endeavouring nothing else , but either to abuse weak judgements , or to feed the humours of such discontented persons , as want or disgrace hath kept lower than they had set their swelling thoughts . The fear was occasioned by the nimble Ear which lately was born to the touch of this String : For which cause our English Fugitives did stand in some advantage , in that they had free scope to publish whatsoever was agreeable to their pleasure ; knowing right well , that their Books could not be suppressed , and might not be answered . It may be you will question , wherefore I have not answered your Second Part : It is ready for you , but I have not now thought fit to divulge the same ; partly because it hath been dealt in by some o●h●rs ; but principally because I know not how convenient it may seem to discuss such particulars , as with general both liking and applause are now determined . I forb●ar to express your true name ; I have reserved th●● to my Answer to some cast Pamphlet which I e●●ect you will cast forth against me : And I make ●●ttle doubt but to drive you in the end to such desperate extremity , as ( with Achitophel ) to sacrifice your self to your own shame , because your mischievous Counsel hath not been embraced . AN ANSWER TO THE FIRST CHAPter ; whereof the Title is this . That Succession to Government by nearness of blood is not by law of Nature or divine , but only by humane and positive Laws of every particular common-wealth : and consequently , that it may upon just cause● , be altered by the same . HERE you begin , that other conditions are requisite for coming to Government by succession , besides propinquity or priority of blood ; which conditions must be limited by some higher authority than that of the King , and yet are they prescribed by no Law of Nature or Divine . For otherwise , one that wanteth his wits or sences , or is a Turk in Religion , might succeed in Government ; which you affirm to be against all Reason , Law , Religion , Wisdom , conscience , and against the first end of Institution of common wealths . And that Byllay , who maintaineth the contrary , doth it in favor and flattery of some particular Prince . What conditions are requisit in succession besides priority of blood , and by what authority they are to be limited , I will then examin when you shall propound : but for your reason of this assertion , you must have other men them Billay out of credit , for reason , law , conscience , and wisdom , before you carry it for clear good . As for entire contrariety in Religion , or difference in some particular points thereof , whether it be a sufficient cause of exclusion , or no , I will refer my self to that place , where you do strain your strength about it . In disabilities to govern , Baldus doth distinguish , whether it be natural , or accidental , affirming , that in the first case it sufficeth to exclude , because he that is incapable of government from his birth , had never any right of succession setled in him : in the other it doth not suffice ; because he that is once inveited in right of succession , cannot be deprived thereof without his fault . Many do follow this distinction ; Io. Igneus doth limit it , to such dignities as are not absolute . But Iason , Angelus , and divers others do indistinctly hold , that the eldest Son of a King or other Governor , although he be born either furious , or a fool , or otherwise defective , cannot therefore be excluded from his succession . These affirm , that any end of institution of Common-wealths is , if not fully , yet better satisfied , by appointing a protector of the state ( as upon divers occasions it hath been usual ) then by acknowledging another Prince ; as well for other respects , as for that by continuance of succession in one discent , a fair and ordinary occasion is removed , both of mutiny and invasion . For enemies will not readily attempt , and subjects do most willingly obey that prince , whose ancestors have worn out those humors both of hatred and contempt which do commonly accompany new raised estates . I will not confirm this last opinion , by the example of Neptune the son of Saturn ; who , although he was lame on both his legs , yet had the Government of the sea allotted to him : but I will confirm it by the practise of Athens and Lacedaemon , the two eyes of Graecia , as Leptines and Iustine do aptly term them . Herodo●us reporteth that when Alexandrides King of Sparta left 2. sons , Cleomenes the eldest , distracted in wits , and Dorieus the youngest , both of ability and inclination to all actions of honor , the Lacedaemonians acknowledged Cleomenes for their King. Agesilaus also the famous King of Lacedaemon was lame , as Plutarch and Probus Aemilius do report . Paul. Orosius saith , that the Lacedaemonians did choose to have their King halt rather than their Kingdom . Heredotus also writeth that after the death of Codrus King of Athens , Medon his eldest son , and Neleus the next , did contend for the Kingdom , because Neleus would not give place to Medon , who was by reason of his lame legs , if not unable , yet unapt to govern . The matter being almost brought to the sentence of the sword , it was mediated between them , that the controversie should be decided by the Oracle of Apollo . Apollo was consulted ; by whose Judgment Medon was declared King. Iosephus 1 hath left recorded , that Aristobulus and Hircanus after a long and cruel contention for the Kingdom of Jury , made Pompey the Judge of that right which by arms they were unable to decide . Hircanus alleaged that he was Eldest brother ; Aristobulus excepted , that Hircanus was insufficient to govern a Realm . Hereupon Pompey gave sentencè , that Aristobulus should give over the Kingdom which he did usurp , and Hircanus be restored to his Estate . The like Judgment doth Livy write , that Annibal gave for the Kingdom of that Country , which is now called Savoy , restoring Brancus unto his right , from which he had been by his younger brother expelled . And although Pyrrus did appoint that Son to succeed , whose sword had the best edge , yet was the eldest acknowledged , who bare the least reputation for valour . Lisander moved the Lacedaemonians to decree , that the most sufficient , and not always the next in bloud , of the line of Hercules should be admitted to the Kingdom , yet Plutarch saith , that he found no man to second his advise . I will add an example of later times . Ladislaus , a man more famous for the sanctity of his life , then for his Kingdom of Hungary , left by his brother Grisa two Nephews ; Colomannus the elder , who was dwarfy , lame , crook-backt , crab-faced , blunt , and blear-eyed , a stammerer , and ( which is more ) a Priest : and Almus the younger , a man free from just exception . Yet these respects set aside , a dispensation was obtained from the Pope , and Colomannus notwithstanding his deformities and defects , was accepted by the people for King. Girard writeth , that the custom of the French was to honour their Kings whatsoever they were , whether foolish or wise , able or weak : esteeming the Name of King to be sacred , by whomsoever it should be born . And therefore they supported in Estate , not only Charls the simple , but Charls the 6. also , who raigned many years in open distemperature and disturbance of mind . So you see , that the practise of many Nations have been contrary to your conceit : and that the interpreters of the civil and Canon Law ( good arbitrators of natural equity ) either bare against you , or stand for you only when disability is natural : adding further , that if the excluded successor hath a Son , before or after succession doth fall , free from any such defect , the right of the Kingdom descendeth unto him . This affirmeth Baldus , Socinus , Cardinal Alexander , and before them , Andreas Iserna . Because the Inability of Parents doth not prejudice the Children , especially in regard of their natural Rights : neither is it any impediment wherefore they should not enjoy either priviledge or dignity from the person of their Grand-father . Magis est ( saith Vlpian ) vt avi potius dignitas prosit , quam obsit casus patris . It is fitter that the Son should receive profit by the dignity of his Granfather , then prejudice by his Fathers chance . And this ( we may think ) is a reasonable respect , wherefore other interpreters have not allowed their principal opinion , in repelling him who is disabled by birth . For if another be once possessed of his place , it will be hard for any of his Children to attaine their right . Whereupon disunion , factions , Wars may easily arise . It is inconvenient ( I grant ) to be governed by a King , who is defective in body or in mind : But it is a greater inconvenience , by making a breach in this high Point of State , to open an Entrance for all disorders , wherein ambition and insolency may range at large . For as mischief is of that Nature that it cannot stand , but by supportance of another Evil , and so multiplyeth in it self , till it come to the highest , and then doth ruine with the proper weight : So minds once exceeding the bounds of obedience , cease not to strengthen one boldness by another , until they have involved the whole State in confusion . We find that Gabriel the youngest brother of the House of Saluse kept his Eldest brother in close Pri●on , usurped his Estate , and gave forth for satisfaction to the People , that he was mad . I could report many like Examples : But I shall have occasion to speak more hereof in the further passage betwixt us . After this you conclude three points . 1 That inclination to live in company is of nature . 2 That Government and Jurisdiction of Magistrates is also of nature . 3 That no one particular Form of Government is natural ; for then it should be the same in all Countries , seeing God and Nature is one to all . But before I joyn with you , either in contradiction or consent , it shall not be amiss to declare briefly , what we understand by the law of nature , and by what means it may 〈◊〉 known . God ●n the creation of man , imprinted certain rules within hi● soul , to direct him in all the actions of his life : Which rules , because we took them when we took our Being are commonly called the primary Law of Nature : Of which sort the canons accompt these precepts following . To worship God : To obey Parents and Governors , and thereby to conserve common society : lawful conjunction of man and woman : succession of children : education of children : acquisition of things which pertain to no man : equal liberty of all : to communicate commodities : to repel force : to hurt no man : and generally , to do to another as he would be done unto : which is the sum and substance of the second table of the decalogue . And this Law Thomas Aquine affirmeth to be much depraved by the fall of man ; and afterwards more by error , evil custom , pertinacy , and other corrupters of the mind : and yet doth it yield us so large light , that Saint Paul did esteem it sufficient to condemn 2 the Gentiles , who had no other Law written . Out of these precepts are formed certain customs , generally observed in all parts of the World : which , because they were not from the beginning , but brought in afterward , some as a consequence or collection , others as a practise or execution of the first natural precepts are called the secondary Law of nature , and by many also the Law of Nations . Gaius , ' saith : that which natural reason doth constitute among all men , is observed by all alike , and termed the Law of Nations : and the same is called by Iustinian● ; the Law of Nature . Cicero likewise saith : the consent of all Nations is to be esteemed the Law of Nature . But this is to be taken , not as though all Nations have at any time observed one usage alike : it is not necessary saith Baldus , that the word all should carry so large a sence : neither hath it ever been brought into knowledge what customs all Nations have held in use . And it is most certain , that there is not one point or precept of the Law of Nature , but , by reason , partly of the weakness , partly of the corruption , which the fall of Adam did fasten in his posterity , some people have at all times , either neglected or else depraved : some being so dull as they could not perceive , others so malicious as they would deny , that which nature did lay before them Yea , such is either the weakness or wilfulness of our judgment , that they who are not only admitted but admired for wise men , do many times disagree in determining what is most agreeable to nature : much less may we either expect or imagine , that all Nations , so different , so distant , never so much as now , and yet not now fully discovered , should jump in one Judgment for uniform observation of any custom : neither is that no natural Right , as Zenophon noteth , which many daily do transgress . And therefore Donellus did unjustly reject the discription which Gaius gave of the Law of Nations , by taking the word all in the amplest sence . S. Ambrose and S. Hierom did in this sort declare it ; that we are to take that for a Decree of Nations , which successively and at times hath been observed by all . But as for any one time , as it is to be judged the decree or custom of a whole City , which hath passed by consent of the most part , although all have not allowed , and some perhaps have opposed against it ; so is it to be esteemed the Law of Nations , the common Law of the whole World , which most Nations in the World are found to imbrace . And because Government was not from the beginning , but induced as a consequence of the primary Precept of Nature ; to maintain human Society : therefore whensoever we speak of natural Government , we are intended to mean the secondary Law of Nature , which is the received custom , successively of all , and always of most Nations in the World. Out of this we may gather , that three rules do chiefly lead us to the Knowledge of this Law. The first is that which Cicero in the like giveth : to appeal vnto sence : because there is no man but by the light of nature , hath some sence of that which nature doth allow . S. Augustine saith , I know not by what conscience we feel these things : and likewise Tertullian : Nature hath tainted all Evil either with fear or shame . Whereto agreeth that which S. Ambrose saith : although they deny it , they cannot but shew some tokens of shame . Hereupon the authors of the civil Law do reject that for unjust , which is not demanded withou● shew of shame . For , as Cassiodorus writeth ; God hath given all men such a sence of justice , that they who know not the Laws , cannot but acknowledge the reason of truth . But because this light of nature , in many men is exceeding dim ; the next rule is to observe what hath been allowed by those who are of greatest both wisdom and integrity , in whom Nature doth shew her self most clear . For as Aristotle saith ; that is probable which proved men do approve . Among these , the first place pertaineth unto them , who by inspiration of God , have compiled the Books of holy Scripture : to whom as attendants we may adjoyn the antient Counsels and Fathers of the Church . The next place is to be given to the Authors of the civil Law ; whose Judgment hath been these many hundred Years , admired by many , approved by all , and is at this day accepted for Law , almost in all states of the Christian common-wealth . To these also we may adjoyn , as attendants , their interpreters of most approved note . The third place is due to Philosophers , Historigraphers , Orators and the like ; who have not unprofitably endeavored to free nature of two clouds , wherewith she is often overcast : gross ignorance , and subtil Error . But because natural reason , as Alciate affirmeth , doth sometimes vary , according to the capacity of particular men ; even as the Sun , being in it self always the same , giveth neither heat nor light to all alike : the third rule followeth , to observe the common Use of all Nations , which Cicero calleth ; the voice of Nature : because as Aristotle hath written , it is not done by chance which every where is done . Plato saith , this shall be the proof hereof , that no man doth otherwise speak : & likewise Baldus , I dare not disallow that which the World alloweth . And in this common Law or Custom of the World , three circumstances are to be considered : antiquity , continuance , and generality . Now when your first position is so clearly true , that you do but guild Gold in labouring to prove it : for man is not only sociable by nature , but ( as Aristotle affirmeth ) more sociable than any other living creature . These notorious points , the more we prove , the more we obscure . Your second is also true , for as Tully saith , without Empire , neither House , nor City , nor Nation , nor Mankind can stand , nor the Nature of all things , nor in a word , the World it self . Whereto agreeth that of Aristotle : Government is both necessary and also profitable . But whereas you bring in proof hereof , that there was never People found , either in antient Time , or of late Discovery , which had not some Magistrate to govern them , neither is it necessary , and yet false . It is not necessary to have so large a consent of Nations , as I have declared before : and it is false that in all Times and Nations there have been Magistrates . After the deluge , Magistrates were not known until Kings did arise , as hereafter it shall appear . The Jews were often without either Magistrates or Government : Whereupon in certain places of the Book of Judges it is thus written : In those days there was no King in Israel , but what seemed right to every man that did he . Sometimes Democratical Government doth draw to a pure Anarchie ; and so doth the interregnum of elective principalities . Leo Afer reporteth , that in Guzala , a country of Africk , the people have neither King nor form of Government ; but upon days of mart , they elect a Captain to secure their traffick . The same Author delivereth , that the inhabitants of the Mountain Magnan , upon the frontiers of Fez , have no form of common wealth , but do stay travellers ( unpartial judges ) to decide their controversies . Leo himself was arrested to be their judge , and when he had spent many days in determining their debates , he was in the end presented with hens , ducks , geese and other of their country commodities , which served only to discharge his host . And if this your reason should be of force then were not sociability natural , because many men have made choice to live alone . But how then , will you say , is nature immutable ? It is in abstracto , but it is not in subjecto . Or thus : In it self it is not changed : in us , by reason of our imperfections , it is . Or else more plainly ; it is not changed , but it is transgressed . But nature , you say , is alike to all . Not so , good sir , because all are not apt alike to receive her : even as the sun beams do not reflect alike upon a clean and clear glass , and upon a glass that is either filthy or course : And in many , not only men , but nations , evil custom hath driven nature out of place , and setteth up it self in stead of nature . Your third conclusion , that no particular form of Government is natural , doth not find so easie acceptance . Your only proof is , that if it were otherwise , there should be one form of Government in all Nations ; because God and nature is one to all . But this reason I have encountred before : and yet you take pains to puff it up with many wast words ; how the Romans changed Government , how in Italy there is , a Pope , a King and many Dukes ; how Millaine , Burgundie , Loraine , Bavier , Gascoine , and Britain the less were changed from Kingdoms to Dukedoms , how Germany was once under one King , and is now divided among Dukes , Earles , and other supreme Princes ; How Castile , Aragone , Portugall , Barcelona and other countries in Spain , were first Earldoms , then Dukedoms , then several Kingdoms , and now are united into one ; how Boeme and Polonia were once Dukedoms , and now are Kingdoms ; how France was first one Kingdom , then divided into four , and lastly reduced into one . How England was first a Monarchy , under the Britains , then a Province under the Romans , after that divided into seven Kingdoms , and lastly reduced into one ; how the People of Israel were first under Patriarcks , Abraham , Isaac , and Iacob , then under Captains , then under Judges , then under high Priests , then under Kings , and then under Captains and high Priests again . I will not follow you in every by way whereinto your errors do lead ( for who would have adventured to affirm , that the Children of Israel were under Abraham and Isaac ; and that the Britains at the first were under one King , whereas Caesar reporteth that he found four Kings in that Country which is now called Kent ) but I will only insist upon the principal point , in regard whereof , all this bundel of words is like a blown bladder , full of wind , but of no weight . For first you do but trifle upon tearms , in putting a difference between Kings , Dukes , and Earls , which hold their state with Soveraign power . We speak not of the names , but of the Government of Princes . Supreme Rulers may differ in name ; they may change name also , either by long use , or upon occasion : and yet in Government neither differ nor change . Secondly , it is a more vain jeast to put a difference ( in this regard ) between a great territory and a small . If a Kingdom be enlarged or streightned in limits , the Government is not thereby changed ; if many Kingdoms be united into one ; if one be divided into many ; the nature of Government is no more altered , then is the tenure of land , either when partition is made , or when many parts accrewe into one . The knot of doubt is , whether it be not natural , that one state , be it great or small , should rather be commanded by one person , howsoever intitled , then by many . And if we descend into true discourse , we shall find , that the very sinews of Government do consist , in commanding and in obeying . But obedience cannot be performed , where the commandments are , either repugnant or uncertain ; neither can these inconveniencies be any ways avoided , but by union of the Authority which doth command . This union is of two sorts ; first , when one commandeth ; secondly , when many do knit in one power and will. The first union is natural ; the second is by means of amity , which is the only band of this collective body , and the more they are who joyn in Government , the less natural is their union , and the more subject to dissipation , For as Taci●us saith : equality and amity are scarce compatible Natural reason teacheth us , that all multitude beginneth from one , and the ancient Philosophers have held , that from unity all things do proceed , and are again resolved into the same . Of which opinion Laertius reporteth that Museus of Athens was Author , who lived long before Homer : but afterwards it was renewed by Pythagoras , as Plutarch , Alexander , and Laertius do write : who added thereunto , that Unity is the original of good , and duality of evil : And of this opinion Saint Hierome was al●o , whose sentence is repeated in the canonical decrees , but under the title & name of Saint Ambrose . Hereupon Homer doth oftentimes call good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , & applyeth the terme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to affliction & trouble . Hereupon Galen also writeth , that the best in every kind is one . Plato produceth all things from one ; measureth all things by one ; and reduceth all things into one . The whole world is nothing but a great state ; a state is no other then a great family ; and a family no other then a great body . As one GOD ruleth the World , one master the family , as all the members of one body receive both sence and motion from one head , which is the seat and tower both of the understanding and of the will : so it seemeth no less natural , that one state should be governed by one commander . The first of these arguments was used by Soliman , Lord of the Turks . Who having strangled Sultane Mustapha his son , because at his return out of Persia , he was received by the soldiers with great demonstrations of joy ; he caused the dead body to be cast forth before the armie , and appointed one to cry ; There is but one God in Heaven , and one Sultane upon Earth . The second was used by Agesilaus , to one that moved the Spartans for a popular government ; go first ( said he ) and stablish a popular Government within your own doors . To the third Tacitus did allude , when he said : The body of one Empire seemeth best to be governed by the soul of one man. In the Heavens there is but one Sun ; which Serinus also applyeth unto Government , in affirming , that if we set up two Suns , we are like to set all in combustion . Many sociable creatures have for one company , one principal either Governour or guide ; which all Authors take for a natural Demonstration of the Government of one . And if you require herein the testimony of men , you shall not find almost any that writeth upon this subject , but he doth , if not allege , yet allow that of Homer : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : one Lord , one King. Plutarch declareth both his own Judgment concerning this point , and also the consent of others , in affirming that all men did acknowledge , that the Government of a King is the most excellent benefit that God hath given unto Men. Callimachus saith , that Kings proceed from God : Homer affirmeth , that they are cherished by God. Your self do shew out of Aristotle , Seneca , Plutarch , S. Hierome , S. Chrysostome and S. Peter , that Monarchy is the most exeellent and perfect Government , most resembling the Government of God , and most agreeable unto Nature . But what do you mean to acknowledge all this , and yet to deny that Monarchy is natural ? do you take it to be above Nature ? or how else is it most excellent and perfect ? how is it most agreeable to Nature , and yet not natural ? can any Action be most agreeable to Justice , and yet not just ? I know not by what stratagem , or cunning crank of the Schools , you can be made agreable to your self . But now if we consider the general custom of all people , we shall find that all the antient Nations in whom the Laws of Nature were least corrupt , had no other Government : as the Assyrians , Medes , Persans , Parthians , Indians , Scythians , Sirians , Phaenicians , Arabians , Aegyptians , Africans , Numidians , Mauritanians , Britans , Celtes , Gaules , Latines , Hetruscanes , Sicilians , Athenians , Lacaedemonians , Corinthians , Achaeans , Sicyonians , Candians , and in one word , all . Tullie saith : it is certain , that all antient Nations were under Kings : with wh●ch opinion Salust consenteth ; and Iustine also , where he saith ; the Empire of Nations at the first was in the Hands of Kings . And when the People of Israel desired a King , they alledged that all other Nations were governed by Kings . The Athenians were the first ( as Plinie affirmeth ) who set up the Government of many , whose example certain other Towns of Greece did follow , rather blinded by ambition , then led by Judgment . Among these , if the highest Authority were in the least part of the Citizens , it was called Aristocracy ; if in the most or in all , it was termed Democracy ; wherein you confess that neither they did nor could any long time continue ; but after many Tumults , Seditions , Mutinies , Outrages , Injusticies , banding of factions , and inundations of blood , they were in the end either dissolved or vanquished , and reduced again under Government of one . The state of Rome began under Kings ; it attained the highest pitch both of Glory and Greatness under Emperors : in the middle time , wherein it never in●oyed x. years together free from sedition , Polybius saith that it was mixed ; the Consuls representing a Monarchy , the Senate , an Aristrocacy , and the common People a Democracy : which opinion was likewise embraced by Dionysius Halicarnasseus , Cicero , Cantarine and others . But many do hold that the State of Rome at that time was popular : which seemeth to be confirmed by the famous Lawyer and Counseller Vlpian , where he saith : that the People did grant all their Power and Authority to the Prince . Whatsoever it was in show , in very deed it was always governed by some one principal Man. Livie writeth of Scipio , that under his shadow the City was protected , and that his looks were in stead of Laws : and likewise of Papirius cursor ; that he sustained the Roman affairs . So said Thucidides , that Athens was in appearance popular , but Aristides was the true Monarch thereof : and Plutarch also affirmeth , that Pelopidas and Epaminondas were no less then Lords of the popular State of Thebes : but after the death of these Men , both the States of Athens and Thebes floated in Tumults , as the same Author observeth , like a ship in a Tempest without a Pilot. So did Peter Sodarine ●onfalonier of Florence give forth , that the title of popularity was used as a mask , to shadow the Tyranny of Laurence Medices : but florence did never so flourish both in honor , wealth , and quiet , as under that Tyranny . Also in actions of weight , in great dangers and necessities the Romans had recourse to one absolute and supreme Commander , which Livie calleth the highest refuge ; whose Authority as the Romans did most reverently respect , so was it many times fearful to their Enemies . Of the first , Livie saith ; the D●ctators edict was always observed as an Oracle : of the second , so soon as a Dictator was created , such a Terror came upon the Enemies , that they departed presently from the walls . Likewise in cases of extremity the Lacedemonians had their high Governor whom they called Harmostes ; the Thessalonians had their Archos ; and the Mytileans also their great Aezymnetes . Lastly , Tacitus reporteth that certain wise men discoursing of the like of Augustus after his death , affirmed rightly , that there was no other mean to appease the discords of the state , but by reducing it under the Government of one . Let us now take a view of our present age . In all Asia , from whence Tully saith , civility did first spread into other parts of the World , no Government is in use but by a Monarch , as appeareth by the Tartarians , Turks , Persians , Indians , Chinans and Catajans : no other Government is found to be founded in all the Countries of Affrick : in America also and all the west parts of the World , no other is yet discovered : Europe only , upon either declining or change of the Empire , a few Towns in Germany and Italy did revive again the Government of many : some are already returned to a Monarchy , and the residue in their time will do the like , even as all others have done which have been before them . What then shall we say of this so antient , so continual , so general consent of all Nations ? what can we say , but conclude with Tertullian these testimonies , the more true , the more simple ; the more simple , the more common ; the more common , the more natural , the more natural , the more divine . But because ambition is a most fiery affection , and carrieth men blindfold into headlong hopes , whereby many do aspire to bear rule , neither they good , nor with any good either means or end ; the Custom or Law of Nations hath by two Reigns endeavored to keep in this raging desire : by succession and by election . And yet again , because election is most often , if not always , entangled with many inconveniences ; as first , for that the outragies during the vacancy , are many and great ; every one that is either grieved or in want , assuming free power both for revenge and spoile . Secondly , for that the bouldest winneth the garland more often than the best ; because the favor of the People doth always tast more of affection than of judgment . Thirdly , for that they who do not leave their state to their posterity , will dissipate the demain and work out of it either profit or friends ; for so we see that the empire of Germany is pluckt bare of her fairest feathers . Fourthly , for that occasions of war are hereby ministred ; and that , either when one taketh his repulse for indignity , upon which ground Francis the first , King of France , could never be driven out of practise against Charles the 5. emperor ; or else when by means of factions many are elected , as it happen●d in Almaine when Lewes of Bavi●r , and Albert of Austria were elected Emperors , whereupon eight years war between them did ensue ; and as it often happened in the Empire of Rome , when one Emperor was chosen by the Senate , and another by the Soldiers , and sometimes by every legion one ; whereby such siers were kindled , as could not be quenched without much blood . For these wars are most cruelly executed ; because the quarrel leaveth no middle state inter summum & praecipitium ; between the highest honor and the deadliest downfall . For these and divers other respects , it hath been observed , at most times in all nations , and at all times in most , that the royalty hath passed by succession , acco●ding to propinquity of blood . We read that ●tolomy , who after the death of Alexander the great seazed upon Aegypt , and part also of Arabia and of Africk , lest that state to his youngest son ; but Trogus said , and out of him Iustine , that it was against the Law of Nations , and that upon this occasion one of them did work the death of the other . And therefore when afterward Ptolomy surnamed Physcon , at the importunity of his Wife Cleopatra , would have preferred his youngest son to the succession of his Kingdom , Iustine saith , that the People opposed themselves against it ; but Pausanias more probably affirmeth , that they reversed his order after his death . The same course was held in Italy by the Hetruscanes , Latines , and those Albanes from whom the Romans took their original . Livy writeth that Procas King of the Albanes appointed Numitor to succeed in his estate , but Amulius his younger brother did usurp it by force : hereupon Dionysius Halicarnasseus saith ; that Amulius held the Kingdom against right , because it appertained to his Elder brother . Among the Graecians , during the space of six hundred Years , wherein they were governed by Kings , we find but Timondas and Pittacus who were elected , the one of Corinth , the other of Negropont ; the residue held their states by order of succession , as Thucidides affirmeth , encountring therein the opinion of Aristotle . Livy writeth , that Perseus King of Macedon said , that by the order of Nature , the Law of Nations , and the ancient custom of Macedony , the eldest son was to succ●ed in the Kingdom . Diodorus Siculus , and Iustine do report , that by this custom Alexander succeeded his father Amyntas , before his yonger brother Philip. Herodotus declareth that the same order was observed among the Trojans ; affirming , that after the death of Priamus , the Kingdom was not to devolve unto Alexander , because Hector was before him in years . The same also doth appeare by that which Virgil writeth . Praeterea Sceptrum Ilione , quod gesserat olim , Maxima natarum Priami . The Scepter which Ilione , when she the state did stay , The first daughter of Priamus , with royal hand did sway . Out of which place Servius Maurus doth collect , that women also did use to govern . But more plainly this custome of the Troians doth appear , by that which Messala Corvinus writeth , that Trojus had two sons , Ilus and Assaracus ; and that Ilus by priviledge of his age succeeeded in the Kingdom . The Persians also , who for a long time held the reins of all the nations near unto them , had the same order of succession , as Zenophon witnesseth ; which is also confirmed by two famous histories ; one between Artaxerxes & Cyrus , whereof Plutarch maketh mention , the other between Artabazanes & Xerxes , reported by Herodotus and Iustin ; wherein Artabazanes alledged , that it was a custom among all men , that the eldest son should first succeed . Agathocles , & out of him Athenaeus do write , that the Persians had a golden water ( for so they term it ) whereof it was capital for any man to drink , but only the king and his eldest son . Whither this water were drawn out of the River Euleus , which invironeth the Tower Susis , and the Temple of Diana , whereof Pliny writeth , that only the kings of Persia did drink ; or whether of Choaspis , whose waters Herodotus doth report to have bin boiled , and carried after the king in silver vessels ; or whether both these were one River , I will neither determine nor discourse . In Siria , which is called Assiria ( as Herodotus , writeth ) and also Phoenicia , Palestina , and Mesopotamia , as appeareth by Pliny , Eusebius and divers other , the same custom is proved by that which Iustine , and L. Florus do write , that Demetrius , having bin delivered by his brother Antiochus , King of Siria , for an hostage to the Romans , and hearing of the death of Antiochus , declared to the Senate in open assembly , that as by the law of nations he had given place to his elder Brother , so by the same law , the right of succession was then cast upon him . The Parthians , who being thrice attempted by the Romans , in the time of their chiefest both discipline and strength , were able to bear themselves victorious , did always acknowledge for their king , the next of the blood of their first King Arsaces . Among the Germans also , who were of force to defeat five consulare armies of the Romans , Tacitus affirmeth that the eldest Son did intirely succeed , only the Horses did fall to the most valiant . And that this was likewise the custom of the Iews , it is evident by the whole History of their Kings , especially where it is said , that Ioram succeeded Iosaphat ; and the reason added , because he was the eldest . I should but burn day ( as the saying is ) in running further upon particulars . Herodotus doth advow it to be a general custom among all men , that the first in birth is next in succession . Certain ages after him S. Hierome said , that a Kingdom is due unto the eldest . In late ages our selves may see , that the Tartars , Turks , Persians , and all the Asiaticks have no other form of constituting their Kings . No other is followed in all the Countries of Africk . In the west Indies no other is yet discovered ; Insomuch as when Frances Pizarre , in the Conquest of Peru , had slain Atibalippa the King thereof , the people brake into shew , some of joy , all of contentment ; because he had made his way to the Kingdom , by murthering of his Elder brother . In Europe it is not long sin●e all the Monarchies were successive . When the Empire of Almain was made elective , it became in short time so either troublesome or base , that divers Princes refused to accept it : of late it hath been setled in one Family , but hath as yet little increased eitheir in dignity or in power . The people of Denmark , Sweden , Hungary , and Boeme , do chalenge to themselves a right of election , but they accept their King by propinquity of bloud . So they did in Polonia , until the line of Iagello was worn out , and then they elected for King , Henry Duke of Aniou in France : since which time , they have always in the change of their Kings , exposed their state to open danger of ruine . Upon this both general and continual custom Boldus saith , that Kingdoms are successive by the Law of Nations ; affirming further , that always it hath been , and always it shall be , that the first born succeedeth in a Kingdom : wherein he is either followed or accompanied with a fair Crie of all the choise interpreters of both Laws ; as namely the Glossographer , Iohan. Andreas , Hostiensis , Collect. Pet. Anchoranus , Antonius , Imola , Card. Florentinus , Abb. Panormitanus , Oldradus , Albericus , Angelus , Felinus , Paul. Castrensis , Alexander , Barbatius , Franc. Curtius , Guido Pape , Card. Alexander , Philip. Francus , Iason , Philippus Decius , Carol. Ruinus , Anto. Corsetta , Ripa , Calderine , Alciate , and many other of somwhat more ordinary name , Who all with full voice do agree , that in Kingdoms and other dignities , ●hich cannot be either valued or divided but they are dismembred , the eldest Son doth entirely succeed . And this many of them do call the Law of all Nations , derived from the order of nature , and from the institution of God ; and confirmed by the Canon , civil and other positive Laws . For the Succession of Children , is one of the primary precepts of nature : whereby his mortality is in some sort repaired , and his continuance perpetuated by his posterity . But among all the Children , nature seemeth to prefer the first born , by imprinting in the mind of parents the greatest love and inclination towards them , as divers of the authors before alleaged do affirm ; and as it may appear by that of the prophet Zacharie , and they shall lament over him as men use to lament in the death of their first born , and likewise by that which is said of David , that he would not grieve his Son Ammon , for that he loved him , because he was his first born . Hereupon Lyra , and before him Saint Augustin and Saint Chrysostom do affirm that the last plague of the Egyptians , which was the death of their first born , was the most sharp and heavy unto them . For nothing ( saith Saint Augustin ) is more dear than the first born . Aristotle , Plinie , Aelian , and Tzetzes do write , that the same affection is also found in certain beasts . And to this purpose is that which Herodotus reporteth , that when the Lacedaemonians had received an oracle , ●hat they should take for Kings the two sons of Aristodemus and Aegina , but give most honor unto the eldest , and they were ignorant which was eldest , because the Mother and the Nurse refused to declare it ; they observed which of the children the mother did wash and feed first , and thereby found out that Eristhenes was the eldest . Lucian citeth the love of the first born , as grown into a proverb . Gregorie Nazianzene saith , that all men have a sense thereof . Saint Ambrose writeth , that in this respect God called the People of Israel his first born , for that they were , not most ancient , but best beloved . Lastly S. Chrysostome affirmeth that the first born were to be esteemed more honorable than the rest . And this natural precedence both in honor and in favor , seemeth to be expresly ratified by God ; first where he said unto Cain , of his brother Abel , His desires shall be subject unto thee , and thou shalt have dominion over him : according to which institution , when Iacob had bought his brothers right of birth , Isaac blessed him in these words , Be Lord over thy Brethren , and l●t the sons of thy mother bow before thee : Secondly , where he forbiddeth the Father to disinherit the first Son of his double portion ; because by right of birth it is his due : Thirdly , where he maketh choice of the first born to be sanctified to himself . And whereas God hath often preferred the youngest , as Abel , Isaac , Iacob , Iuda , Phares , Ephraim , Moses , David , Solomon , and others ; it was no other than that which Christ said , that many that were last should be first : and that which Saint Paul hath delivered , that God hath chosen the weak , and base , and contemptible things of this world , least any flesh should glory in his sight . So hath Herodotus written , how Artabanus the Persian , in a complaining manner did confess , that God delighted to depress those things that were high . But if the first born dye before succession fall ; or if being possessed of the Kingdom , he dye without issue ; his right of birth devolveth unto the next in blood ; and if he dyeth in like manner , then unto the third , and so likewise to the rest in order . This is affirmed by Albericus , and may be confirmed by that which Baldus saith , that succession hath reference to the time of death , and respecteth the priority which is then extant . And again , He is not said the first born in Law , who dyeth before the fee openeth , but he who at that time is eldest in life . And this opinion is embraced by Alciate ; because as Celsus saith ; Primus is dicitur ante quem nemo sit , He is first who hath none before him . Iaco. Aretinus , Cinus , Albericus and Baldus do form this case : There is a custom , that the first born of the first marriage should succeed in a baronny ; a certain baron had three Wives ; by the first he had no Children , by the other too many , the first son of the second marriage shall succeed : Because ( as the glossographer there saith ) the second marriage in regard of the third is accompted first . Baldus doth extend it further ; that if he hath a son by the first marriage ; and he refuse the barony , the first son by the second marriage shall succeed in his right ; and so he saith it was determined in the Kingdom of Apulia , when Lewes the Kings eldest son was professed a friar . And this decision is allowed by Alexander , Oldradus , and Antonius Corsetta : and is proved by plain text of the Canon Law , both where the second born is called first born , when the first born hath given place ; and also where he is called the only son , whose brother is dead . But because it is a notorious custom that the nearest in blood doth succ●ed , altho perhaps removed in degree , I will labor no more to load it with proof : for who will proclaim that the sun doth shine ? But if we should now grant unto you ( which is a greater courtesie , than with modesty you can require ) that no particular form of Government is natural : what will you conclude thereof ? what inference can you hereupon enforce ? That th●re is no doubt but the People have power to choose and to change the fashion of Government , and to limit the same with what conditions they please . What Sir ? can you find no third ? But that either one form of Government is natural , or that the People must always retain such liberty of power ? Have they no power to relinquish their power ? Is there no possibility that they may loose it ? Whether are you so ignorant to think as you speak , or so deceitful to speak otherwise then you think . There is no Authority which the People hath in matters of state , but it may be either bound or streightned by three means . The first is by cession or grant ; for so the Romans by the Law of royalty yeelded all their Authority in Government to the Prince . Of this Law Vlpian maketh mention ; and Bodin reporteth that it is yet extant in Rome graven in stone . So the People of Cyrene ; of Pergame and of Bithynia , did submit themselves to the Empire of the Romans . So the Tartarians commit absolute power both over their lives and their livings to every one of their Emperors : and so have our People many times committed to their King the Authority of the Parliament either generally , or else for some particular case . For it is held as a rule , that any man may relinquish the Authority which he hath to his own benefit and favor . Neither is he again at pleasure to be admitted to that , which once he did think ●it to renounce . And as a private man may altogether abandon his free estate , and subject himself to servile condition , so may a multitude pass away both their Authority and their liberty by publick consent . The second is by prescription and custom , which is of strength in all parts of the world , least matters should always float in uncertainty , and controversies remain immortal . And that this Authority of the People may be excluded by prescription , it is evident by this one reason , which may be as one in a third place of Arithmetick , in standing for a hundred . Every thing may be prescribed , wherein prescription is not prohibited : But there is no Law which prohibiteth prescription in this case ; and therefore it followeth that it is permitted . And generally , custom doth not only interpret Law , but correcteth it , and supplyeth where there is no Law ; in so much as the common Law of England , as well in publick as private controversies , is no other ( a few maxims excepted ) but the common custom of the Realm . Baldus saith , that custom doth lead succession in principalities , which Martinus adviseth to ●ix in memory , because of the often change of Princes : and the particular custom of every Nation is at this day , the most usual and assured Law between the Prince and the Pe●ple . And this do the Emperors Honor us and Arcadius , in these words command punctually to be observed : Mos namque retinendus est fidelissimae vetustatis : the custom of faithful Antiquity must be retained : Which place is to this sense ballanced by Pau. Caestrensis , Franc. Aretinus , and Phil. Corneus ; who termeth it a moral text . The like whereto is found also in the Canon law , and noted by the Glossographer , Archidiaconus , Romanus , and Cepola . Neither were the Fathers of the Nicene Councel of other Opinion , who thus decreed : Let antient customs stand in strength : Whereto also agreeth that old Verse of Ennius , Moribus antiquis res stat Romana virisque Customs and men of oldest sort , The Roman State do best support : Which is cited by Saint Austin ; and esteemed by Cicero both for brevity and truth , as an Oracle . To the same sense Periander of Corinth said , that old Laws and new Meats were fittest for use : which saying Phavorinus in Gellius did in this manner a little vary : Live after the passed manner , speak after the present . Hereto also pertaineth that edict of the censors mentioned by Sueton●us , and Aul. Gellius : Those things which are beside the custom and fashion of our Elders , are neither pleasing , nor to be adjudged right . Of this point I shall have occasion more particularly hereafter to write . The third means whereby the People may loose their Authority , is by way of conquest . For howsoever Saint Augustine , and after him Alciate , do disallow ambition of enlarging Empire ; and term Wars upon this cause great Theeveries : Whereupon Lucane , and his Uncle Seneca , called Alexander the Great , a great robber of the World , yet there is no doubt but the sentence of victory , especially if the War was undertaken upon good cause , ( as the Conqueror being made his own Arbitrator , will hardly acknowledge the contrary ) is a just title of acquisition ; reducing the vanquished , their priviledges , liberties and whole Estate , under the discretion of him that is victorious . Caesar saith ; He giveth all that denieth right : Which sentence is approved by Covaruvias ; affirming , that the victor maketh all which his sword toucheth to be his own . So saith Baldus , that he doth his pleasure upon the vanquished : and again Caesar in the speech of Ariovistus ; it is the Law of Arms , that the victorious should command those whom they have subdued , even as they please . Clemens Alexandrinus saith , that the goods of Enemies are taken away by right of war. Isocrates hath written , that the Lacedaemonians did by title of victory in this sort maintain their right . We hold this Land given by the Posterity of Hercules , confirmed by the Oracle of Delphos , the inhabitants thereof being overcome by War. Which was not much unlike that which Iephte captain of Israel expostulated with the Ammonites ; Are not those things thine which Chamos thy God hath possessed ? but whatsoever the Lord our God hath conquered , pertaineth unto us . Yea , God doth expresly give to the People of Israel , the Cities which they should subdue ; some into full possession , others into servitude and subjection : By w●ich title Iacob also had given to Ioseph his part●ge among his brethren , even the La●d which he had taken from the Amorites with his sword and with his bow . It was usual to the Romans , and as Appian saith , just , to retain principal or direct Dominion , in all things which they brought under the sway of their sword . Brissonius hath collected certain examples of the form of yielding unto the Romans , whereby all prophane and sacred , all human and divine matters were submitted unto them . Seeing therefore that the people may so many ways loose both their power and their right in affairs of state , is not your ignorance adventurous so generally to affirm , that if no one form of Government be natural , there is no doubt but the people have power both to alter and limit the same , as they please ? Can no Law , no custom , no Conquest restrain them ? Your pen doth range , and your judgment rage beyond all compass and course of rea●on . You should have said , that there is no doubt , but if by all or any of these means , the right both of succession and governm●●t be setled in one family , according to pr●●●●quity and priority of blood , the people may neither take away nor varie the same : and if they do , they commit iniustice , they violate the law of nations , whereby they expose themselvs , not only to the infamie and hate of all men , but to the revenge of those who will attempt upon them . For it is not only lawful but honorable , for any people , either to right or reveng the breach of this Law ; against them which contemn it , as monsters ; against them who know it not , as beasts . Saint Augustine saith ; If a City upon earth should decree some great mischiefs to be done , by the decree of mankind it is to be destroyed . And as in the state of one countrey any man may accuse upon a publick crime , so in the state of the world , any people may prosecute a common offence : for as there is a civil band among all the People of one Nation ; so is there a natural Knot among all men in the World. You close your conclusion with this conceit , that the word natural Prince , or natural Successor , is to be understood of one , who is born within the same Realm , and that it is ridiculous to take it , as though any Prince had natural Interest to succeed . But what construction will you then make of that which Herodian delivereth , in the speech of Commodus the Son of Marcus ? Now hath fortune given me unto you for Prince in his stead , not drawn into the state , such as they were , who were before me ; nor as one that glorieth in the purchase of the Empire : for I only am born unto you and brought up in the Court , never swathed in private Cloaths , but so soon as I was born the imperial purpure did receive me , and the Sun beheld me at once , both a Man and a Prince . Consider these things , and honor your Prince by right , who is not given , but born vnto you . Girard goeth further in writing of Charles the Simple , that he was King before he was born . Say therefore again , that it is ridiculous to take the word natural Prince , for one that hath right of succession inherent in him by birth ; and I will say that this mirth will better beseem a natural indeed , then any man that is wise . But let us now consider the further passage of your discourse , both how you are able to fortifie this foundation , and what building it is able to bare . TO THE SECOND CHAPTER , which is intituled , Of the particular Form of Monarchies and Kingdoms , 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 . IN this chapter you spend much speech in praising a monarchie , and preferring it before the Government of manie ; which you do to no other end , but to insinuate your self either into credit , or advantage to draw it down ; even as Ioab presented Amasa with a kind Kiss , to win thereby opportunity to stab him . For in the end you fetch about , that because a Prince is subject , as other men , not only to errours in Judgment , but also to passionate affections , in his will ; it was necessary , that as the common wealth hath given that great power unto him so it should assigne him helps for managing the same . And that a Prince reciveth his authority from the people , you prove a little before , for that Saint Peter termeth Kings Humane creatures ; which you interpret to be , a thing created by man ; because by mans free choise , both this form of government is erected , and the same also laid upon some particular person . I know not in what sort to deal with you , concerning this interpretation . Shall I labour to impugne it by arguments ? Why , there is no man that wanteth not either judgment or sincerity , but upon both the natural and usual sense of the words , he will presently acknowledg it to be false . Shall I go about either to laugh , or to rail you from your errour , as Cicero in the like case perswaded to do ? But this would be agreeable neither to the stayedness of our years , nor the gravity of our professions . I am now advised what to do ; I will appeal , as Machetes did before Philip of Macedon , from your self asleep , to your self awake ; from your self distempered by affection , to your self returned to sobriety of sense . Do you think then in true earnest , that a human creature is a thing created by man , or rather that every man is a humane creature ? Is a brutish creature to be raken for a thing created by a beast ? Spiritual , Angelical , or any other adjunct unto creature , what reference hath it to the Author of Creation ? And if it were so , then should all creatures be called divine , because they were created by God , to whom only it is proper to create ; and in this very point , Saint Paul saith , that all authority is the ordinance and institution of God. Neither needeth it to trouble us that Saint Peter should so generally injoine us to be obedient to all men , no more than it troubled the Apostles , when Christ commanded them to preach to all creatures (d) ; according to which commission , St. Paul did testifie (e) , that the Gospel had been preached to every creature under Heaven : but St. Peter doth specifie his general speech , and restrain his meaning to Kings and Governors ; in which sence St. Ambrose (f) citeth this place , as it followeth : Be subject to your Lords , whether it be to the King , as to the most excellent , &c. This interpretation not onely not relieving you , but discovering very plainly either the weakness or corruption of your judgment , it resteth upon your bare word , that Kings have received their first Authority from the people ; which although I could deny , with as great both countenance and facility as you affirm , yet will I further charge upon you with strength of proof . Presently after the inundation of the world , we find no mention of politick Government , but onely of oeconomical , according as men were sorted in families ; for so Moses hath written (g) , that of the progeny of Iapheth , the Isles of the Gentiles were divided after their families . The first who established Government over many families , was Nimrod the Son of Cush , accounted by St. Chrysostome (h) the first King : which Authority he did not obtain by favour and election of any people , but by plain purchase of his power . Hereupon Moses calleth him a mighty Hunter (i) , which is a form of speech among the Hebrews , whereby they signifie a spoiler or oppresser . And this doth also appear by the etymology of his name ; for Nimrod signifieth a Rebel , a Transgressour , and as some interpret it , a terrible Lord : And names were not imposed in ancient times by chance or at adventure , as Plato (k) , one of Natures chief Secretaries , and among the Latin Writers Aul. Gellius (l) do affirm . Many hold opinion , that this Nimrod was the same , whom the Grecians call Ninus : which seemeth to be confirmed by that which Moses saith (m) , that he did build the City of Ninive . Of this Ninus , Iustine writeth (n) ; that he was the first who held that which he did subdue ; others , satisfied with Victory , aspired not to bear Rule . Nimrod founded the Empire of the Assyrians , which continued by Succession in his posterity , until it was violently drawn from Sardanapalus to the Medes . From them also Cyrus by subversion of Astyages did transport it to the Persians ; and from them again the Grecians did wrest it by Conquest . After the death of Alexander , his Captains , without any consent of the people , made partition of the Empire among them ; whose successors were afterwards subdued by the Armies and Arms of Rome . And this Empire , being the greatest that ever the Earth did bear , was in the end also violently distracted , by divers several either Conquests or Revolts . Leo Afer writeth , that it is not a hundred years , since the people of Gaoga in Africk had neither King nor Lord , until one observed the greatness and Majesty of the King of Tombute , did enterprize to attain Soveraignty above them , which by violence he effected , and left the same to his posterity . And because I will not be tedious in running through particulars , give you an instance of any one people , which hath not divers times received both Prince and Government by absolute constraint , Et Phillida solus habito ; and I will yield to all that you affirm . But failing herein , you shall be enforced to confess , that in many , yea , in most , if not in all Countries , the people have received liberty , either from the grant or permission of the victorious Prince , and not the Prince authority from the vanquished people . What helps now do you imagine , that the people have assigned to their Prince ? The first , you affirm to be the direction of Laws . But it is evident , that in the first heroical Ages , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 people were not governed by any positive Law , but their Kings did both Judge and Command , by their word , by their will , by their absolute power ; and , as Pomponius saith * , Omnia manu a regibus gubernabantur : Kings governed all things , without either restraint or direction , but onely of the Law of Nature . The first Law was promulged by Moses ; but this was so long before the Laws of other Nations , that Iosephus writeth * , It was more ancient than their Gods : Affirming also , that the word Law is not found in Homer , or in Orpheus , or in any Writer of like antiquity· Of this Law of Nature Homer maketh mention in these words : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . And they who keep the Laws which God hath prescribed . And again , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Vncivil and unjust is he , and wanting private state , Who holdeth not all civil War in horror and in hate . And of the Justice of Kings he writeth in this manner : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . on . In which verses Chrysostom affirmeth (q) by the judgment of Alexander , that Homer hath delineated the perfect Image of a King : but that he maketh mention of any positive Laws , I do rather doubt , than assuredly deny . For Kings in ancient times did give judgment in person , not out of any formality in Law , but onely according to natural equity . Virgil saith (r) : Hoc Priami gestamen erat cum jura vocatis Moredaret populis . This was the Robe which Priamus did always use to wear , When he the People to him call'd , their causes for to hear . Which he doth also affirm of Aeneas s , Dido t and of Alcestes u . This like doth Herodotus report * of Midas King of Phrygia , who consecrated his Tribunal to Apollo : and the like also doth Plutarch (x) of divers Kings of Macedonia : Philarchus affirmeth in Athenaeus , that the Kings of Persia had Palm-trees and Vines of Gold , under which they did sit to hear Causes . But because it grew both troublesome and tedious , for all the People to receive their Right from one man (y) ; Laws were invented , as Cicero saith , and Officers also appointed to execute the same . Another Original of Laws was thus occasioned : When any People were subdued by Arms , Laws were laid like Logs upon their necks , to keep them in more sure subjection ; which , both because it is not doubtful , and to avoid prolixity , I will manifest onely by our own example . When the Romans had reduced the best part of this Island into the form of a Province , as they permitted liberty of Law to no other Country under their obedience , so here also they planted the practice of their Laws : and for this purpose they sent over many Professors , and among others Papinian , the most famous both for Knowledge and Integrity , of all the Authors of the Civil Law. Again , when the Saxons had forced this Realm , and parted it into seven Kingdoms , they erected so many sets of Law ; of which onely two were of continuance , the Mercian Law , and the West-Saxon Law. After these , the Danes became victorious ; and by these new Lords new Laws were also imposed , which bare the name of Dane-law . Out of these three Laws , partly moderated , partly supplied , King Edward the Confessor composed that body of Law , which afterwards was called St. Edward's Laws . Lastly , the Normans brought the Land under their power , by whom St. Edward's Laws were abrogated , and not onely new Laws , but new Language brought into use ; insomuch as all Pleas were formed in French , and in the same Tongue Children were taught the principles of Grammar . These causes we find of the beginning of Laws ; but that they were assigned by the people for assistance and direction to their Kings , you bring neither Argument nor Authority for proof ; it is a part of the dross of your own device . The second help , which you affirm that Commonwealths have assigned to their Kings , is by Parliaments and Privy-Councils . But Parliaments in all places have been erected by Kings ; as the Parliament of Paris and of M●ntpellier in France , by Philip the Fair ; the Parliament in England by Henry the First ; who in the sixteenth year of his Reign (z) called a Councel of all the States of his Realm at Salisbury , which our Historiographers do take for the first Parliament in England ; affirming that the Kings , before that time , did never call the common People to Councel . After this the Privy-Council , at the instance of the Archbishop of Canterbury , was also established ; and since that time , the Counsellors of State have always been placed by election of the Prince . And that it was so likewise in ancient times , it appeareth by that which Homer writeth : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . First he established a Council of honorable old men . And likewise by Virgil : — gaudet regno Trojanus Acestes , Indicitque forum , & patribus dat jura vocatis . Acestes of the Trojan Bloud , in Kingdom doth delight ; He sets a Court , and Councel calls , and gives each man his Right . I will pass over your coarse , foggy , drowsie Conceit , that there are few or none simple Monarchies in the world , ( for it would tire a Dog to toyl after your impertinent errours ) and will now rip up your Packet of Examples , whereby you endeavour to shew , that the Power of Kings hath been bridled by their Subjects . But what do you infer hereby ? what can you inforce ? will you rake over all Histories for examples of Rebellion , and then argue , a facto ad jus ; that every thing is lawful which you find to have been done ? Iustinian saith , Non exemplis , sed legibus judicandum * : We must judge Facts by Law , and not Law by Facts , or by Examples ; which Alciate (a) and Deeiane (b) do term a Golden Law , because there is no Action either so impious or absurd , which may not be paralleled by Examples . Will you prove it lawful to use carnal familiarity with the Sister , with the Mother-in-law , with the natural Mother ? You have the example of Cambyses for the first , Caracalla for the second , Dionysius and Nero for the third . The Iews , upon whom God had setled his Choise , did at times ( beside many other Enormities ) erect Malestews (c) . Of the two Nations , whose Examples you use , the Romans and the Lacedemonians , the first did the like under divers Emp●rours , as Lampridius writeth ; and in more ancient times allowed also Parricide of Children (d) : the other would sort themselves by fifteen and twenty Families together , and hold both Wives and Goods in common . I omit the unnatural customs of divers other Nations , and will now declare , how in straining a few Examples to countenance your Conceit , you are constrained to bear your self no less cunning in concealing truths , than bold in avouching things which are not onely uncertain , but plainly false . It is true which you write , that the Kings of Sparta , by the institution of Ly●urgus , were ob●dient to the Officers called Ephori ; but these were Titular Kings , having no other power but a single voice among the Senators : and because all Affairs were carried by consent of the People , the Estate was then esteemed popular . Afterwards Theopompus , by pretence of an Oracle , drew this Authority from the People , to a Senate of thirty ; whereby the Government did change into an Aristocracy ; and yet the naked name of Kings was retained . By this shuffling-off Rule , the Lacedemonians were continually tossed with Tempests of Sedition , ceasing not to wade in their own Bloud ( as before you have acknowledged ) until in the end they were brought into subjection ; first , by the Macedonians ; afterward , by the Achaeans ; and lastly , by the Roman● ▪ I will not say now , what reason have we ? but what a shame is it for us to open our ears to these Utopical State-writers ? who being mellowed in Idleness , and having neither Knowledge nor Interest in matters of Government , make new Models upon disproportioned joynts , borrowed from Nations most different in Rule . You affirm by the testimony of Livy , that for offence taken against Romulus , because he raigned at Pleasure , and not by Law , the Senators did cut him in pieces ; in which short Assertion many base untruths are included , beneath the degree of any vile word . Livy writeth , that he sorted the People into order , and governed them by Laws (e) , and that he was also both advised and valiant in the Field ; even such a one as Homer describeth : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Both a good King , and courageous Commander . Concerning his end , Livy writeth , that in taking muster of his Army , a thick Tempest did arise , after which he was never seen ; wherein he is seconded by Solinus , Eutropius , and the rest : onely Livy addeth , that there was a rumor , but very obscure , without any certain either Author or ground ; I will adde also , without probability , that he was torn in pieces : for how probable is it , that such a Fact , in the open view of his Army , could be very obscure ? How probable is it also , that the People would first tear him in pieces for his Injustice , and then worship him for a God ? Further , with what either confidence or conceit do you alledge this Report of Livy , for his opinion ? I find your fetch ; you apprehend every thing which may , if not confirm , yet countenance that Doctrine which lately you have drawn out of Cerberus Den , That it is lawful to contrive the death of Kings . That the People were grieved against Servius Tullius for reigning without Election , it is a meer Fantasie , a Dream , a Device . Livy saith (f) , that he was declared King with such a Consent as no man had been before him . That Tarquinius neglected the Laws of Government prescribed to him by the Common-wealth , it is an ugly untruth . Livy saith , that he brake the ancient manner of Kings before him : But for Laws , Pomponius affirmeth (g) , that at that time the Romans had no Laws but from their Kings , and that Sextus Papirius reduced them into one Volume , which was called the Civil Law of Papirius (h) ; and that when the People expelled their Kings , they abrogated their Laws also , and remained twenty years without any Law. Lastly , you adde , that the Romans did expel their Kings , and erect Consuls in their stead ; but you suppress that which followed , which I hold for a common consequence of the like disorder : First , that for this cause they were presently almost overwhelmed with Wars : Secondly , that in this state they never enjoyed long time free from Sedition : Lastly , that as Tacitus saith (i) , there was no means to appease these Tumults , but by returning to a Monarchy again . All this I write , rather to manifest the manner of your dealing , than that I hold it much regardable what Romans did . Your Examples of our present Age I will wrap up in these few words : All Nations , very few excepted , do consent in this form of Government ; first , to be under one Prince ; secondly , to accept him by succession , according to propinquity of Bloud : In other circumstances , either for inaugurating their Prince , or for the manner of managing and executing his Government , not two Nations in the world in all points do agree . And yet is not this diversity raised by any Laws which the People do prescribe unto their Prince , as you do most grosly , yea peevishly , yea maliciously affirm ; but by the particular Laws and Customs of every Nation , in which the consent of the Prince , either secret or express , sometimes onely is sufficient , always principally doth concur . Upon this diversity of Customs you conclude , that it sufficeth not to alleadge bare propinquity of Bloud . What , not where that Custom is established , as I have declared it to be in most Nations of the World ? Doth difference of Customs make all Custom void ? Doth diversity of Custom in some circumstances take away the principal Custom of Succession by Bloud ? This cleaveth together no surer than Sand ; you lose both labour and credit in obtruding unto us these weak and loose Arguments , without either force of Reason , or form of Art. Your instance of the Law Salick in France , doth offer occasion to enter into a large Field , wherein I could plainly prove , that there was never any such Law made to bind the descent of the Crown of France ; and that it hath been the custom in most parts of the world , not to exclude Women from succession in State : insomuch as Beda (k) and before him Eusebius (l) and Pliny (m) do write , that certain People were governed onely by Princes of that Sex. But because this is a matter both of long discourse , and not proper to our purpose , I will contain my self within this Observation , That the Exclusion of King Edward the Third from the Crown of France , upon this pretence ▪ was the cause of the effusion of their bravest Bloud , and of the spoil , waste , and conquest of all that Realm . I acknowledge that the English have lost the possession of that Conquest ; and that was by means of domestical Wars , for excluding the nearest in Bloud from the Crown : into which unquiet Quarrel you do now endeavour again to embark us . Yet no man can assure that the miseries of France for this cause are at an end . Rams recoil to strike harder ; we are gone rather back than away : I will not presage , but any man may conjecture , that our minds and our means will not always want the favour of time . After all this , you proceed a degree further , that it is lawful , upon just considerations , not onely to put back the next Inheritor of the Crown , but also to remove him who is in full possession thereof . And that is plain ( you say ) not onely by the grounds before by you alleadged , but also by example of the Romans and Grecians ; and because God hath commonly concurred in such judicial actions of the State , not onely in prospering them , but in giving them also some notable Successour . And yet you protest you are far from their opinion , who upon every mislike are ready to band against their Prince ; and that you esteem the tenure of a Crown , if once it be setled , the most irregular , whereto every man is bound to settle his Conscience , without examination of Title or Interest ; but onely by the supreme Law of Gods disposition , who can dispence in what he listeth : and that notwithstanding you are as far from the abject flattery of Billaie and others ; who affirm , that Princes are subject to no Law or limitation at all , and that they succeeded by nature and birth onely , and not by admission of the people ; and that there is no authority under God to chasten them . These you call absurd Paradoxes ; and herewith you settle your self to shew in the next Chapter , what good success hath ensued the disposition of Princes . Concerning your protestation , we may say unto you as Isaac said to his son Iacob (n) , The voice is Jacobs voice , but the hands are the hands of Esau : You speak fair , and therewith also well ; but the main drift of your discourse , is nothing else but a tempestuous Doctrine of Rebellion ●nd Disorder ; you being therein like the Boatman , who looketh one way and pulleth another ; or rather like the Image of Ianus , which looked two contrary ways at once . It is a Rule in Law ; That a Protestation contrary to a mans Act , will not serve to relieve him (o) only this shall serve to convince you , either of false or of forgetful dealing , when we come to that place where in flat words you maintain the contrary . Concerning the quarrel which you lay against Billaie ; as I have not seen what he hath written , so will I not interpose between him and you . I never heard of Christian Prince who challenged Infinite Authority without limitation of any Law , either Natural or Divine . But where you term it an absurd paradox , that the people should not have power to chasten their Prince , and upon just considerations to remove him ; I am content to joyn with you upon the issue . And first I note the manner of your dealing , in that you have omitted to express what these just considerations may be . For seeing there hath been no King , who is not noted of some defects ; and again , no Tyrant , who hath not many commendable parts ( as Plutarch writeth (p) that Dionysius excelled most Princes in divers points of Justice and Vertue ) it is a matter of dangerous consequence , to leave these considerations undetermined and at large . But who seeth not , that you do it out of policy , that you may upon every particular occasion , declare such causes to be sufficient as you please ? How then do you prove , that upon any cause , the people have power to dispossess their Prince ? This is plain ( you say ) not onely by the grounds before by you alleadged , but also by example of the Romans and Graecians . The grounds by you alleadged , are two : One in your first Chapter , that because no one form of Government is natural , the people have power both to choose , and to change , and to limit it as they please . The other ground is in this Chapter ; that because there are divers Laws and Customs in matters of principality , it sufficeth not to alleage bare proinquity of bloud . Why ? but had you no Text of Scripture ? no Father of the Church to alledge ? no Law ? no Reason ? no better Example ? no surer Ground ? It is more than this which you bring against your self , in citing out of St. Peter (q) ; The Lord knoweth to reserve the unjust unto the day of Iudgment ; and especially them that despise Government , and speak evil of those that are in Dignity . And out of St. Iude (r) ▪ Likewise these dreamers despise Government , and speak evil of them that are in Authority . Besides also , you have alledged out of St. Paul (s) : Let every soul be subject unto the higher power ▪ for there is no power but of God : Whosoever therefore resisteth the power , resisteth the ordinance of God ; and they that resist shall receive to themselves judgment . And likewise out of St. Peter (t) : Submit your selves to every humane creature , whether it be to the King , or unto Goververnours ; for so is the will of God. To which places we may likewise add that , which St. Paul did write unto Titus (u) : Put them in remembrance that they be obedient to the principalities and powers . And writing to Timothy * , he exhorteth us also to pray for them ▪ that we may lead under them a peaceable life . But perhaps you will say , that the Apostles did not mean this of wicked Princes . Trifler , the Apostles spake generally of all : St ▪ Peter (x) maketh express mention of evil Lords . And what Princes have ever been more either irreligious or tyrannical , than Caligula , Tiberius , Nero , the infamy of their Ages , under whose Empire the Apostles did both live and write ? Bellarmine the great master of Controversies , perceiving this to be unanswerably true , did in another sort rather cut than unty the knot : affirming , (y) that at that time it was necessary to admonish the Christians to perform obedience to their Kings , lest the preaching of the Gospel might otherwise be hindred : which is as if in direct terms he should have said , Sir Kings , whilst our heads were under your girdle , we were content to curry favour , by preaching obedience unto the people : But now we have got the wind of you , we must plainly tell you , that you hold your Crowns at their courtesie and favour ; and have no power in effect , but as Lieutenant-Generals . I know you will make a sour face at this ; it will go very much against your stomachs ; but there is no remedy , you must take it down ; they are your good Lords ; they may dispossess you . Prophane Bellarmine ! is Christian Religion a mere policy ? doth it apply it self onely to the present ? doth it turn always with the time ? May the principal professors thereof say , as an infidel Moor did , when he violated the Faith which he had given unto Christians ? We have no bone in our tongues that we cannot turn them which way we please . We see plainly that you say so : and it as is plain , that it was far from the true meaning of the Apostles . St. Iude (z) writeth sharply against those , who had mens persons in admiration because of advantage . St. Paul also saith * : Go I about to please men ? If I should please men , I were not then the servant of Christ. I will give you an example of another time . Nebuchadnezzer King of Assyria , wasted all Palestina ; took Hierusalem , slew the King , burnt the Temple , took away the holy Vessels and Treasure : the residue he permitted to the cruelty and syoyl of his unmerciful Souldiers ; who defiled all places with rape , ruine , and blood . After the glut of this butchery , the people which remained , he led captive into Chaldaea , and there commanded , that whosoever refused to worship his golden Image , should be cast into a fiery furnace . What cruelty , what impiety is comparable to this ? and yet the Prophets Ieremiah (a) and Baruch (b) did write to those captive Jews , to pray for the prosperity and life of him , and of Baltazar his Son , that their days might be upon Earth as the days of Heaven : and Ezekiel (c) both blameth and threatneth Zedechia , for his disloyalty in revolting from Nebuchadnezzar , whose homager and tributary he was . What answer will you make to this example ? I am wisely busied to cast forth this question ; what answer can you make , which your own knowledge will not convince ? Many other places there are in holy Scripture , whereby not onely our actions are tied to obedience : He that doth presumptuously against the Ruler of the people shall die (d) : but also our words , Thou shalt not speak evil against the Ruler of the people (e) ; yea , our secret thoughts : Detract not from the King , no not in thy thought ; for the fowls of the air shall carry thy voice (f) . The reason hereof is not obscure : Because Princes are the immediate Ministers of God (g) ; and therefore he called Nebuchadnezzar , his servant (h) ; and promised him also hire and wages for the service which he did (i) . And the Prophet Esay (k) calleth Cyrus , a prophane and heathen King , the Lords Anointed . For , as Solomon saith , (l) The Hearts of Kings are in the hands of the Lord : and he stirreth up the spirit , even of wicked Princes , to do his will (m) : and ( as Iehoshaphat said to his Rulers (n) they execute not the will of man , but of the Lord. In regard hereof David calleth them Gods (o) : whereof Plato also had some sense , when he said (p) , A King is instead of God. And if they do abuse their Power , they are not to be judged by their Subjects , as being both inferiour and naked of Authority , because all Jurisdiction within their Realm is derived from them , which their presence onely doth silence and suspend : but God reserveth them to the sorest tryal : Horribly and suddainly ( saith the wise man (q) will the Lord appear unto them , and a hard judgment shall they have . You Jesuits do yield a blindfold obedience to your Superiours , not once examining either what he is , or what he doth Command : and although the Pope should swerve from Justice , yet by the Canons (r) , men are bound to perform obedience unto him , and God only may ●udge his doings : and may a King , the Lords Lieutenant , the Lords Anointed , in the view of his Subjects , nay , by the hands of his Subjects , be cast out of State ? May he , as was Actaeon , be chased and worried by his own hounds ? Will you make him of worse condition , than the Lord of a Mannor ? than a Parish-Priest ? than a poor Schoolmaster , who cannot be removed by those that are under their authority and charge ? The Law of God commandeth that the child should die , for any contumely done unto the Parents . But what if the Father be a Robber ? if a Murtherer ? if for all excess of villanies odious and execrable both to God and Man ? Surely he deserveth the highest degree of punishment ; and yet must not the Son lift up his hand against him : For , as Quintilian saith (s) , No offence is so great , as to be punished by parricide . But our Country is dearer to us than our selves (t) : and the Prince is the Father of our Country (u) ; whose Authority , as Baldus noteth * , 〈◊〉 greater than of Parents : and therefore he must not be violated , how impious , how imperious soever he be . If he commandeth those things that are lawful , we must manifest our obedience by ready performing . If he enjoyn us those actions that are evil , we must shew our subjection by patient enduring . It is God onely who seateth Kings in their State ; it is he only who may remove them . The Lord will set a wise King over the people which he loveth , as himself doth testifie (x) . And again , For the sins of the land the Kings are changed (y) . A● therefore we endure with patience unseasonable weather , unfruitful years , and other like punishments of God ; so must we tolerate the imperfections of Princes , and quietly expect either reformation , or else a change . This was the Doctrine of the ancient Christians , even against their most mortal persecutors . Tertullian saith (z) , For what war are we not both serviceable and ready , although unequal in number , who do so willingly endure to be slain ? neither want we strength of number : but God forbid , that Religion should be maintained with humane fire . From him also St. Cyprian , a most studious reader of Tertullian , as St. Hierom * noteth , in like manner writeth (a) : Although our people be exceeding copious , yet it doth not revenge it self against violence it suffereth . St. Augustin saith (b) It is a general paction of humane society to obey Kings . Which sentence is assumed into the body of the Canon-Law (c) . In a word , the current of the ancient Fathers is in this point concurrent ; insomuch as among them all there is not one found , not any one : one is a small number ; and yet I say confidently again , there is not any one , who hath let fall so loose a speech , as may be strained to a contrary sense . How then are you of late become , both so active and resolute to cut in sunder the reins of Obedience , the very sinews of Government and Order ? Whence had Bened●tto Palmio , a Jesuit , his Warrant , to incite William Parry to undertake the parricide of our Queen ? whence did Annibal Codretto , another Jesuit , assure him , that the true Church made no question , but that the fact was lawful ? Whence did Guignard a Jesuit term the Butchery of Henry late King of France , an heroical act , and a gift of the Holy Ghost ? Whence did he write of the King , who now there reigneth , If without Arms he cannot be deposed , let men take Arms against him ; if by War it cannot be accomplished , let him be murthered ? Whence did Ambrose Verade , Rector of the Colledge of the Jesuits in Paris , animate Barriers ( as he confessed ) to sheath his Knife in the Kings breast ; assuring him by the living God , that he could not execute any act more meritorious ? Whence did the Commenter upon the Epitome of Confessions , otherwise the seventh book of Decretals , commend all the Jesuits in these terms (d) : They set upon Tyrants , they pull the Cockle out of the Lords field ? It is a Rule in Nature , that one contrary is manifested by the other . Let us compare then your boisterous Doctrine with that of the Apostles and ancient Fathers of the Church , and we shall find that the one is like the rough Spirit which hurled the herd of Swine headlong into the Sea (e) ; the other like the still and soft Spirit which talked with Elias (f) . Neither was the Devil ever able , until in late declining times , to possess the hearts of Christians with these cursed Opinions , which do evermore beget a world of Murders , Rapes , Ruines , and Desolations . For tell me , what if the Prince , whom you perswade the People they have power to depose , be able to make and maintain his Party , as King Iohn and King Henry the Third did against their Barons ? What if other Princes , whom it doth concern , as well in honour , to see the Law of Nations observed , as also in policy , to break those proceedings which may form Presidents against themselves , do adjoyn to the side ? What if whilst the Prince and the People are ( as was the Frog and the Mouse ) in the heat of their Encounter , some other Potentate play the Kite with them both , as the Turk did with the Hungarians ? Is it not then a fine piece of policy which you do plot ? or is it not a gross errour to raise these dangers , and to leave the defence to possibilities doubtful ? Go to , Sirs , go to , there is no Christian Country which hath not by your devices been wrapped in Wars . You have set the Empire on float with Bloud ; your Fires in France are not yet extinguished ; in Polonia and all those large Countries , extending from the North to the East , you have caused of late more Battels to be fought , than had been in five hundred years before . Your practices have heretofore prevailed against us : of late years you have busied your selves in no one thing more , than how to set other Christian Princes on our necks ; stirring up such store of Enemies against us , as , like the Grashoppers of Egypt (g) might fill our houses , and cover our whole land , and make more doubt of room than of resistance . Our own people also you have provoked to unnatural attempts : you have exposed our Country as a Prey to them that will either invade or betray it ; supposing belike that you play Christ's part well , when you may say as Christ did , (h) Think not that I came to send peace : I came not to send peace , but a sword . But when by the power and providence of God , all these attempts have rather shewn what good hearts you bear towards us , than done us any great harm ; when in all these practices you have missed the mark , now you do take another aim : Now having no hope by extremity of Arms , you endeavour to execute your malice , by giving dangerous advice : Now you go about to entangle us with Titles , which is the greatest misery that can fall upon a State. You pretend fair shews of Liberty and of Power , Sed timeo Danaos & dona ferentes : We cannot but suspect the Courtesies of our Enemies : The Power which you give us , will pull us down ; the Liberty whereof you speak , will fetter us in Bondage . When Themistocles came to the Persian Court , Artabanus Captain of the Guard , knowing that he would use no Ceremony to their King , kept him out of presence , and said unto him , You Grecians esteem us barbarous for honouring our Kings , but we Persians esteem it the greatest honour to us that can be . The like Answer will we frame unto you ; You Iesuits account it a bondage to be obedient unto Kings , but we Christians account it the greatest means for our continuance both free and safe . An Answer to the third Chapter , which is intituled , Of the great Reverence and respect due to Kings , and yet how divers of them have been lawfully chastised by their Common-wealths for their misgovernment ; and of the good and prosperous success that God commonly hath given to the same , and much more to the putting back of an unworthy Pretender . THat Princes may be chastised by their Subjects , your proofs are two : One is drawn from certain Examples ; the other from the good success and Successors which usually have followed . Surely it cannot be but that you stand in a strong conceit either of the authority of your Word , or simplicity of our Judgment ; otherwise you could not be perswaded by these slender Threads to draw any man to your Opinion . Of the force of Examples I have spoken before ; there is no Villany so vile which wanteth example : and yet most of the Examples which you do bring , are either false , or else impertinent ▪ For there have been divers States , wherein one hath born the name and title of King , without power of Majesty . As the Romans in the time of their Consular Estate had always a Priest , whom they entitled King , whose office consisted in certain Ceremonies and Sacrifices , which in former times could not be performed but by their Kings . Likewise the Lacedemonians , after Lycurgus had formed their Government , retained two Kings , who had no greater stroke in matters of State , than a single Voice as other Senators . Such were in Caesars time many petty Kings of Gaul , who ( as Ambiorix King of Leige confessed ) were subject to their Nobility , and questionable by them . Such are now the Emperours of Almain , because the Puissance and Majesty of the Empire pertaineth to the States , who are sworn to the Empire it self , and not to the person of the Emperour . Such are also the Dukes of Venice , the Soveraignty of which State is setled in the Gentlemen . In these and such-like Governments , the Prince is not Soverain , but subject to that part of the Commonwealth which retaineth the Royalty and Majesty of State , whether it be the Nobility or Common People : and therefore your Examples drawn from them , is nothing to our purpose . Concerning success , it cannot be strange unto you , that by the secret , yet just Judgement of God , divers evil actions are carried with appearance of good success . The Prophet David said , (a) that his treadings had almost slip't , by seeing the wicked to flourish in prosperity : The Prophet Ieremiah (b) seemed also to stagger upon this point ; and it hath always been a dangerous stone in the way of the Godly , whereat many have stumbled , and some fallen . Besides , it ordinarily happeneth that good Princes succeed Tyrants ; partly because they are so indeed , as being instructed to a better manage of Government , both by the miserable life of their Predecessors , and by the ugly infamy which remaineth after their death : partly because by means of the Comparison they both seem and are reported to be far better than they are . Hereupon Lampridius saith of Alexander Severus , (c) I may also say , that Alexander was a good Prince by fear , for that Heliogabalus his Predecessor was both an evil Prince , and also massacred and slain . Seeing therefore the reason is so manifest , wherefore good Princes should succeed Tyrants , is it not rashness ? is it not impudence ? is it not impiety for us to wade with unclean feet into God's secret Counsels , unknown to the Angels , and to justifie upon this event the Parricide of any Prince ? For my part , I know not whether you shew your self more presumptuous in entering into this observation , or in pursuing it more idle and impure . I will pass over your protestation of Respect and Obedience due unto Princes : Protest what you please , we will take you for no other than a vile kind of vermine , which , if it be permitted to creep into the bowels of any State , will gnaw the Heart-strings thereof in sunder . This you manifest by the coarse comparison which presently you annex , that as a natural Body hath authority to cure the Head if it be out of tune , and reason to cut it off oftentimes , if it were able to take another ; so a body Politick hath power to cure or cut off the Head , if it be unsound . But what either Will or Power hath any part of the Body in it self ? What either Sense for the one , or Motion for the other , which proceedeth not altogether from the Head ? Where is the Reason seated which you attribute to the Body , both in judging and curing the infirmities of the Head ? Certain it is , that in your cutting-cure you deal like a foolish Physician , who finding a Body half taken and benumb'd with a Palsie , cutteth off that part to cure the other , and so make sure to destroy both . You suppose , belike , that to enter into greater perils , is the onely remedy of present Dangers . I omit to press many points of this Comparison against you , because Comparisons do serve rather to illustrate than enforce : and I know not what assertion you might not easily make good , if such senceless prating might go for proof . I come now to your particular Examples , whereof the first is of King Saul ; whom you affirm to be deprived and put to death for his disobedience . Saul deprived and put to death ? I never heard that any of his Subjects did ever lift up one thought against him . Dreamer , you will say , he was slain by the Philistines : Good , but who deprived him ? It was God ( you say ) who did deprive him . You must pardon us , if upon the suddain we do not conceive the mystery of your meaning : Your words of deprivation and putting to death , do rather import a judicial proceeding against him , than that God delivered him to be vanquished by his Enemies in the Field . But what is this to dispossessing by Subjects ? Yes , you say , because whatsoever God hath put in ure in his Commonwealth , may be practised by others . Why , but then also good Princes may be deposed by their Subjects , because God delivered Iosiah to be slain by the Egyptians . You Firebrands of Strife , you Trumpets of Sedition , you Red Horses whose sitters have taken peace from the Earth (d) , how impudently do you abuse the Scriptures ? how do you defile them with your filthy Fingers ? It is most certain , that David knew , both because Samuel told him , and because he had the Spirit of Prophesie , that God had rejected Saul , and designed him to be King in his place : yet his Doctrine was always , not to touch the Lords Anointed , (e) whereto his Actions were also answerable : For when Saul did most violently persecute him , he defended himself no otherwise than by Flight . During this pursuit , Saul fell twice into his power ; once he did not onely spare , but protect him , and rebuke the Pretorian Soldiers for their negligent watch : The other time his Heart did smite him , for that he had cut away the lap of his garment . Lastly , he caused the Messenger to be slain , who upon request , and for pity , had furthered ( as he said ) the death of that sacred King. We have a Precept of Obedience , which is the mould wherein we ought to fashion our actions . God onely is superiour to Princes , who useth many instruments in the execution of his justice , but his authority he hath committed unto none . Your second Example is of King Amon , who was slain ( as you write ) by his own people , because he walked not in the ways of the Lord. This is somewhat indeed , if it be true ; let us turn to the Text : (f) Amon was twenty two years old when be began to reign , &c. and he did evil in the sight of the Lord , &c. and his servants conspired against him , and slew him in his house ; and the people smote all those who conspired against King Amon , and made Josiah his son King in his stead . But this is very different from that which you report . Amon was slain by his Servants , and not by the people ; who were so far from working , that they severely revenged his death . And although Amon was evil , yet the Scripture layeth not his evil for the motive whereupon his Servants slew him . The Devil himself in alleadging the Scripture , used more honesty and sincerity ( if I may so term it ) than you : For he cited the very words , wresting them onely to a crooked sence ; but you change the words of the Scripture : you counterfeit God's coyn ; you corrupt the Records which he hath left us . I will now shake off all respect of civility towards you , and tell you in flat and open terms , that as one part of your Assertion is true , that good Kings succeeded Saul and Amon ; so the other part , that either they were , or in right could have been deprived and put to death by their Subjects , it is a sacrilegious , a loggerheaded lye . Of your Example of Romulus I have spoken before . I have declared also how the Romans , presently after the expelling of their Kings , and for that cause , were almost overwhelmed with the weight of War , being beaten home to the very Gates of their City . And had not Chocles by a miracle of Manhood sustained the shock of the Enemies , whilst a Bridg was broken behind him , the Town had been entred , and their State ruined . And whereas you attribute the inlargement of the Empire , which hapned many Ages after , to this expelling of their Kings , you might as well have said , that the rebellion against King Iohn was the cause of the Victories which we have since had in France . I have before declared , that the state of the Romans under their Consuls , was popular rather in shew , than in deed : This shew began also to end , when by the Law Valeria , L. Sylla was established Dictator for four and twenty years . After this , the Empire did mightily increase , until the reign of Trajane ; at which time all Authors agree that it was most large ; and yet far short of your wandring Survey , not half Fifteen thousand miles in compass . In your Example of Caesar , I never saw more untruths crowded together in fewer words : you say he broke all Laws both Humane and Divine : that is one ; his greatest Enemies did give of him a most honourable testimony . You say he took all Government into his hands alone : that is two ; the people by the Law Servia elected him perpetual Dictator . You make his death to be an act of the State : that is three ; for they who slew him , were both declared and pursued by Decree of the State for publick Enemies ; of whom , not any one , either died a natural death , or lived three years after : it was further decreed , that the Court where he was slain should be stopped up , that the Ides of March should be called parricidium , and that the Senate should never be assembled upon that day . You say that Augustus was preferred in his place : that is four ; and all within the compass of six Lines . Augustus was never chosen Dictator ; Suetonius writeth (g) that he entreated the people upon his knee , not to charge him with that Office. But Augustus , Antonius , and Lepidus did first knit in Arms by the name of Triumviri , to revenge the death of Iulius Caesar ; whereupon a long cruel and doubtful War was set up , which continued the space of twenty years : first , between these three and the Murtherers of Caesar ; then between Lepidus and the other two : lastly between Augustus and Antonius : and this was the sweet success of the murther of Caesar. Augustus , after his Victory was made perpetual Tribune , as Suetonius hath written . Dio saith , (i) that he was freed from the power of the Laws , as Pompey also had been before him . Tacitus addeth , (k) that the people having their hearts broken with broils , permitted him to rise into rule , and to draw by degrees the whole Authority of the State into his hands . (l) And so it seemeth that the Royal Law was not yet established , by which the people gave over their power in Government : Whereupon some make good the Sentence which the Senate gave against Nero , because the Soveraignty was not then by any express Act setled in the Emperour . But where you bring the Succession of Vespasian as a good success of this Sentence against Nero , it is a wild and witless untruth . Galba succeeded next after Nero , who was slain in a sedition raised by Otho . Otho again was overcome in field by Vitellius ; whereupon he slew himself . Lastly , Vitellius was overthrown and slain by the Captains of Vespasian , who was the fourth Emperour after Nero . These Intestine Wars , these open Battles fought to the full , this slaughter of Emperours , which you term Interludes , were the immediate success after the death of Nero. You Fiends of Hell , whose Voices are Lightning and Thunder , whose breathing is nothing but Sword , Fire , Rages , and Rebellions : the encountring of Armies , the butchery of millions of men , the Massacre of Princes , you account Interludes : These are your pleasures ; these your recreations . I hope all Christian-Commonwealths will bear an eye over your inclination , and keep out both your persons and perswasions , from turning their State into an open Stage for the acting of these Interludes . You continue your base boldness in affiring , that the Senate procured the death of Domitian ; that they requested the Souldiers to kill Heliogabalus ; that they invited Constantine to come and do justice upon Maxentius : this broken kind of disguising is familiar unto you , to make such violences as have often prevailed against excellent Princes , to seem to be the act of the whole State. And whereas you bring the succession of Alexander Severus for a good success of the murther of Heliogabalus , being the rarest Prince ( you say ) that ever the Romans had , you might have alleadged any Author in proof thereof better than Herodian , who writeth of him in this manner . (m) Alexander did bea● the name and Ensigns of the Empire ; but the administration of Affairs and government of the State did rest upon women . And further he writeth , that by his slackness and cowardise , the Roman Army was defeated by the Persians : and finally , that for his want of courage he was slain by his own Souldiers . By this we may see that you go blindfold , being so far from caring , that many times you scarce know what you write . Your markable Example ( as you term it ) of the change of the Empire , from the West to the East ; from Constantine the sixth , to Charles King of France , doth mark out nothing more unto us than your soundred judgment . The question is not what one forrain Prince may do against another , but what Subjects may do against their Soveraign ? This is the point of controversie ; here you must close , and not traverse about in discourses impertinent . The change of the Kingdom of France from Childeric to Pepin , your own Author Girard (n) affirmeth to be both an ambitious and fraudulent usurpation , wherein Pepin used the reverence of Religion as a Mantle to cover his Impiety and Rebellion . The matters which he objected against Childerick were two : First , his insufficiency , the ordinary pretence of most Rebellions ; but Girard saith (o) that the ancient custom of the French was , to love and honour their Kings , whether sufficient or unable , worthy or weak ; and that the name of King was esteemed sacred by whomsoever it was born . Secondly , he objected , that his Subjects were conditionally sworn unto him : and this also Girard writeth to be a forced and cautelous interpretation , violently streining the words of their Oath to his advantage ; and indeed , if the Oath of the people had been conditional , what needed they to procure a Dispensation for the same ? This was the first act ( saith he ) whereby the Popes took occasion to set in their foot of Authority for transporting of Kingdoms from one Race to another : which growing to strength , hath filled all Christian Countries with confusion and tumult . Likewise , the change of that Kingdom from the Line of Pepin to the Line of Capet , was a meer violence and intrusion , and so it was acknowledged by Endes Earl of Paris , the first of that Family who did usurp (p) : and for that cause he was constrained after two years reign to quit the Crown , and to give place unto Charles the lawful Heir . And when Robert , brother unto Endes , did enter into arm● to recover that which his Brother once held he was beaten down and slain by the faithful Subjects of King Charles . Hugh , the son of Robert nourished this ambition ; but Hugh Capet his son , with better both opportunity and success , but no better right , did accomplish the Enterprise . For Girard (p) calleth him an Usurper , and Charles Duke of L●●rain the true Heir to the Crown . Betwee● these two ( as in all usurpations it is usual ) War was raised ; but by the unsearchable Judgment of God the Duke of Orleans was cast to the ground . And there is little doubt but , if he had prevailed , Orleans had bee● at this day a Member of the Crown of France . The like answer may be given to your Example of Suintilla : and this beside , that the Kingdom of the Goths in Spain was not the● setled in succession , and chiefly during the Reign of Victeric , Gundemir , Sisebuth , Suintilla , Sicenand , Cinthilla , and Tulca . The History of Alphonso , another of your Examples , standeth thus . Alphonso had a son call'd Ferdinand , who died during the life of his father , and left two young sons behind him . After the death of Ferdinand , his younger Brother Sancho practised with D. Lope Diaz de Haro Lord of Biscay , to procure him to be advanced to the succession of the Kingdom , before his Nephews . D. Lope undertook the devise ; and drawing some other of the Nobility to the party , they so wrought with the King , that in an Assembly of the States at Segovia , Sancho was declared Successor , and the Children of Ferdinand appointed to be kept in Prison . But Sancho , either impatient to linger in expectation , or suspitious that his Father grew inclinable towards his Nephews , made a League with Mahomed Mir King of Granado , a Moor ; by whose aid , and by the Nobility of his Faction , he caused himself to be declared King. Hereupon Alphonso was enforced to crave assistance of Iacob Aben Ioseph King of Morocco , who before had been an Enemy to Alphonso : but upon detestation of his unnatural Rebellion , he sent Forces to him , protesting notwithstanding , that so soon as the War should be ended , he would become his Enemy again . So Alphonso by help , partly of the Morocco Moors , and partly of his Subjects which remained loyal , maintained against his son both his Title and State during his life ; but not without extremity of bloodshed , and opportunity for the Moors , being assistant to both parties , to make themselves more strong within the Countries of Spain . For this cause Alphonso disinherited his son by his Testament , and cast a cruel curse upon him and his Posterity : and afterward it was ordained in an Assembly of the States holden at Tero , that the Children of the elder Brother deceased , should be preferred before their Uncle . How then will you verifie your two points by this History ? First , that Alphonso was deprived by a publick Act of Parliament : Secondly , that it turned to the great Commodity of the State. It is not a million of Masses that are sufficient to satisfie for all your deceitful and malicious untruths . I marvel how the Rebellion of Absolon against King David his Father escaped you : Oh , it wanted success ; and you could not easily disguise the Report . You write , that the Commonwealth of Spain resolving to depose Don Pedro the cruel , sent for his Brother Henry out of France , and required him to bring a strength of Frenchmen with him : But hereby you make it plain , that the Commonwealth was not fully agreed . The truth is , that this was a dangerous division of the State between two Concurrents ; some holding for Henry , and some for Pedro ▪ Henry obtained forraign Assistance by the French ; Pedro by the English. In the mean time , whilst Peter was thrown out of State by the Forces of France , and after that Henry by the Arms of England ; and again Peter dejected both from dignity and life ; the poor Country became a Spectacle for one of your Enterludes . Your Example of Don Sancho Capello King of Portugal , containeth many intollerable untruths : for neither was he deprived of his dignity , neither did the Pope and Council of Lions give either authority or consent that he should be deprived ; neither was he driven out of his Realm into Castilla ; neither died he in banishment ; neither was Alphonso his Brother King during his li●e . These five untruths you huddle into one heap . The Council of Lions wholly opposed against the deposing of Don Sancho , notwithstanding many disabilities were objected against him : in regard whereof they gave direction , that Alphonso his Brother should be Regent of the Realm ; as in that case it is both usual and fit . But Sancho taking this to dislike , did seek Aid of the King of Castile , and in that pursuit ended his life without Issue : whereby the right of Succession devolved to Alphonso . To your Examples of Greek Emperours (r) I will answer by your words , which are , That for the most part they came not orderly to the Crown , but many times the means thereof were tribulent and seditious . The deposing of Henry King of Polonia , I acknowledge to be both true and just ; I have nothing to except against it ▪ When the Crown of France did descend unto him , he forsook Polonia , and refused to return again to that swaggering Government ; whereupon they did depose him . Give us the like case , and you shall be allowed the like proceeding ; but you esteem your Examples by tale , and not by touch : being not much unlike a certain mad Fellow in Athens , who imagined every Ship which was brought into the Haven to be his : For whatsoever you find of a King deposed , you lay claim unto it , as both lawfully done , and pertaining to your purpose ; whereas one of these doth always fail . Concerning your two Examples , one of Sweden , and the other of Denmark , I shall have occasion to speak hereafter . The Nobility of those Countries pretend that their Kings are not Soveraign , but that the power in highest matters of State pertaineth unto them . If it be thus , the Examples are not appliable to the Question ; if it be otherwise , then the Princes had wrong . We are now come to our domestical Examples ; the first whereof is that of King Iohn , who was deposed by the Pope , you say at the suit of his own people . All this people was the Archbishop of Canterbury , the Bishop of London , and the Bishop of Ely ; at whose complaint , the Pope did write to Philip King of France , that he should expel King Iohn out of his Realm . If not Conscience , if not ordinary Honesty , pure Shame should have drawn you to another form of writing . He was also deprived ( you say ) afterwards by his Barons . H●avy Beast , call you this a Deprivation ? The Commons were never called to consent ; the Clergy were so opposite to those that stood in Arms against King Iohn , that they procured Excommunication against them ; first , ●●●●c●ally ; then by name ▪ lastly , Lewes the French Kings son was also included : Of the N●b●lity , which is onely the third State of the Realm , I make no doubt but some reserved themselves to be guided by success ; others , and namely the Earls of Warren , Arundel , Chester , Pembrooke , Ferrers , Salisbury , and divers Barons did openly adhere unto King Iohn : You may as well call any other Rebellion a Deprivation , as affirm that the rest either did or might deprive him . And whereas you bring in King Henry the Third as a most worthy Successor after this Deprivation , I will derogate nothing from his worthiness ; but there was never King in England , who without concurrent in the Title of the Crown , did draw more bloud out of the sides of his Subjects . Your second Example is of King Edward the Second , whom many of our Histories report to be of a good and courteous nature , and not unlearned ; imputing his defects rather to Fortune , than either to counsel or carriage of his Affairs . His Deposition was a violent fury , led by a Wife both cruel and unchast ; and can with no better countenance of right be justified , than may his lamentable both indignities and death which thereupon did ensue . And although the Nobility , by submitting themselves to the government of his Son , did break those occasions of Wars which do usually rise upon such Disorders , yet did not the hand of God forget to pursue revenge : For albeit King Edward his Son enjoyed both a long and prosperous Reign , yet his next Successor King Richard the second , was in the like violent manner imprisoned , deprived , and put to death . I will prosecute the successive revenge which hereof also ensued , being a strange matter , and worthy to be rung into the ears of all Ages . King Henry the Fourth , by whom King Richard was deposed , did exercise the chiefest Acts of his Reign in executing those who conspired with him against King Richard. His Son had his Vertue well seconded by Felicity ; during whose Reign , by means of the Wars in France , the humour against him was otherwise employed and spent : but his next Successor King Henry the Sixth , was in the very like manner deprived , and together with his young Son Edward , imprisoned and put to death by King Edward the Fourth . This Edward died not without suspicion of poyson ; and after his death his two Sons were in like manner disinherited , imprisoned , and murthered by their cruel Unkle the Duke of Gloucester ; who being both a Tyrant and Usurper , was justly encountred and slain by King Henry the Seventh in the field . So infallible is the Law of Justice in revenging Cruelties and Wrongs , not always observing the presence of times wherein they are done , but often calling them into reckoning , when the Offenders retain least memory of them . Likewise the deposition of King Richard the Second was a tempestuous Rage , neither led nor restrained by any Rules of Reason or of State ; not suddenly raised and at once , but by very cunning and artificial degrees . But examine his actions without distempred judgment , and you will not condemn him to be exceeding either insufficient or evil : weigh the Imputations that were objected against him , and you shall find nothing either of any truth or of great moment . Hollingshead writeth (s) , that he was most unthankfully used by his Subjects ; for although , through the frailty of his youth , he demeaned himself more dissolutely than was agreeable to the Royalty of his estate , yet in no Kings days the Commons were in greater wealth , the Nobility more honoured , and the Clergy less wronged : who notwithstanding in the evil-guided strength of their Will took head against him , to their own headlong-destruction afterward : partly during the Reign of King Henry , his next Successor , whose greatest Atchievements were against his own people ; but more especially in succeeding times , when upon occasion of this disorder more English bloud was spent than was in all the forraign Wars which had been since the Conquest . Three causes are commonly insinuated by you , for which a King may be deposed ; Tyranny , Insufficiency , and Impiety : But what Prince could hold his State , what People their Quiet assured , if this your Doctrine should take place ? How many good Princes doth Envy brand with one of these marks ? What action of State can be so ordered , that either blind Ignorance or set Malice will not easily strain to one of these heads ? Every execution of Justice , every demand of Tribute or Supply , shall be claimed Tyranny : every infortunate Event shall be exclaimed Insufficiency : every kind of Religion shall by them of another Sect be proclaimed Impiety . So dangerous it is to permit this high power to a heedless and headless Multitude , who measure things not by Reason and Justice , but either by Opinion , which commonly is partial , or else by Report , which usually is full of uncertainties and errours : the most part doing because others do ; all easie to become slavish to any mans ambitious attempt . So dangerous it is to open our ears to every foolish Phaeton , who undertaking to guide the Chariot of the Sun , will soon cast the whole Earth into combustion . You proceed , that King Henry the Sixth was also deposed for defects in Government . Let us yield a little to you , that you may be deceived ; a little that you may be carried by your affections : How can you excuse these open untruths , wherein it cannot be but the Devil hath a finger ? You cannot be ignorant that the onely cause which drew the Family of York into Arms against King Henry , was the Title which they had unto the Crown : by vertue whereof it was first enacted , That Rich. Duke of York should succeed King Henry , after his death : but for that he made unseasonable attempts , he was declared by Parliament incapable of succession , and afterwards slain at the Battel of Wakefield . Then Edward his Son , prosecuting the enterprize , and having vanquished King Henry at the Battle of St. Albans , obtained possession of the State , caused King Henry to be deposed , and himself to be proclaimed and Crowned King. Afterward he was chased out of the Realm , and by Act of Parliament both deprived and disabled from the Crown . Lastly , he returned again , and deprived King Henry both from Government and from Life . It is true , that some defects were objected against King Henry ; but this was to estrange the hearts of the people from him . The main cause of the War did proceed from the right of the one party , and possession of the other : The contrariety of the Acts of Parliament was caused , by the alternative Victories of them both . Your last example is of King Richard the Third , of whom you write : First , that although he sinned in murthering his Nephews , yet after their death he was lawful King. Secondly , that he was deposed by the Common-wealth , who called out of France Henry Earl of Richmond , to put him down . Philosophers say , that dreams do commonly arise , by a reflection of the phansie upon some subject , whereof we have meditated the day before . It may be that your drowsie conceit was here cast into a dream , of that whereon it had dozed in all this Chapter : Or at the best , that you are like unto those , who have so often told a lie , that they perswade themselves it is ture . King Edward the fourth left other children besides those that were murthered ; the Duke of Clarence also , who was elder Brother to King Richard , left Issue in life , all which had precedence of right before him . And as for the second point , tell me , I pray you , by what Parliament was King Richard deposed ? where did the States assemble ? when did they send for the Earl of Richmond to put him down ? by what Decree ? by what Messengers ? There is no answer to be made , but one ; and that is , to confess ingenuously , that you say untrue ; and that it is your usual manner of deceiving , to impute the act of a few unto all ; and to make every event of Arms , to be a judicial proceeding of the Common-wealth . For it is manifest , that the Earl of Richmond had his first strength from the King of France ; and that after his descent into England , more by half , both of the Nobility and common people did stand for King Richard , than stir against him . You adjoyn for a special consideration , that most excellent Princes succeeded these whom you affirm to be deposed . I will not extenuate the excellency of any Prince ; but I hold it more worthy to be considered , that these disorders spent England a sea of bloud . In the end you conclude , that all these deprivations of Princes were lawful . Nay ; by your favour , if you sweat out your brains , you shall never evince , that a fact is lawful because it is done . Yes ( you say ) for otherwise two great inconveniences would follow : One , that the acts of those that were put in their place , should be void and unjust . The other , that none who now pretend to these Crowns , could have any Title , for that they descended from them , who succeeded those that were deprived . You deserve now to be basted with words well steeped in Vinegar and Salt ; but I will be more charitable unto you , and leave bad speeches to black mouths . For the first , the possession of the Crown purgeth all defects , and maketh good the acts of him that is in Authority , although he wanteth both capacity and right . And this doth Vlpian expresly determine (t) upon respect ( as he saith ) to the common good . For the other point , the Successors of an Usurper , by course and compass of time , may prescribe a right ; if they who have received wrong , discontinue both pursuit and claim . Panormitane● saith (u) , Successor in Dignitate potest praescribere , non abstante vitio sui Praedecessoris . A Successor in Dignity may prescribe , notwithstanding the fault of his Predecessor ; Otherwise , causes of War should be immortal , and Titles perpetually remain uncertain . Now then for summary collection of all that you have said : your Protestations are good ; your Proofs light and loose ; your Conclusions both dangerous and false . The first doth savour of God , the second of Man , the third of the Devil . An Answer to the fourth Chapter , which beareth title , Wherein consisteth principally the lawfulness of proceeding against Princes , which in the former Chapter is mentioned . What interest Princes have in their Subjects goods or lives . How Oaths do bind or may be broken , of Subjects towards their Princes ; and finally , the difference between a good King and a Tyrant . HEre you close with Bellaie upon two points : First , whether a King is subject to any Law. Secondly , whether all Temporalities are in propriety the King's : But because these questions do little pertain to our principal Controversie , I will not make any stay upon them ; it sufficeth that we may say with Seneca (a) : Omnia Rex imperio possidel , singuli domino . The King hath Empire , every man his particular propriety in all things . After this , you proceed further to make ood , that the Princes before-mentioned were lawfully deposed ; and that by all Law , both Divine and Humane , Natural , National , and Positive . Your cause is so bad , that you have need to set a bold countenance upon it . But what Divine Laws do you alleadge ? You have largely before declared ( you say ) that God doth approve the form of Government which every Commonwealth doth choose , as also the Conditions and Statutes which it doth appoint unto her Prince . I must now take you for a natural lyar , when you will not forbear to belye your self : you never proved any such matter ; and the contrary is evident , that sometimes entire Governments , often , Customs and Statutes of State , and very commonly accidental actions are so unnatural and unjust , that ( otherwise than for a punishment and curse ) we cannot say that God doth approve them . We have often heard that the Church cannot erre in matters of Faith ; but that in matter of Government a Common-wealth cannot erre , it was never ( I assure my self ) published before . But let us suppose ( supposal is free ) that God alloweth that form of Government which every Commonwealth doth choose : Doth it therefore follow , that by all Divine Laws Princes may be deposed by their Subjects ? These broken pieces will never be squared to form strong argument . But wherefore do not you produce the Divine Canons of Scripture ? Surely , they abhor to speak one word in your behalf : yea , they do give express sentence against you , as I have shewed before . Well , let this pass among your least escapes ; in making God either the Author or Aider of Rebellion , you alleadge no other Humane Law , but that Princes are subject to Law and Order . I will not deny but there is a duty for Princes to perform : But how prove you that their Subjects have power to depose them if they fail ? In this manner : As the Common-wealth gave them their Authority for the common good , so it may also take the same away , if they abuse it . But I have manifested before (c) , both that the people may so grant away their Authority that they cannot resume it ; and also that few Princes in the world hold their State by grant of the people . I will never hereafter esteem a mans valour by his voice : Your brave boast of all Laws , Divine , Humane , Natural , National and Positive , is dissolved into smoak : You busie your self as the Poets write of Morpheus , in presenting shadows to men asleep . But the chiefest reason ( you say ) the very ground & foundation of all . Soft ; What reason ? what ground ? if you have already made proof by all Laws , Humane and Divine , Natural , National and Positive , what better reason ; what surer ground will you bring ? Tush ; these interruptions ? The chiefest reason ( you say ) the very ground and foundation of all is , that the Commonwealth is superiour to the Prince ; and that the Authority which the Prince hath , is not absolute , but by the way of mandate and commission from the Common-wealth . This is that which I expected all this time : you have hitherto approached by stealing steps , you are now come close to the wall ; do but mount into credit , and the fort is your own . You affirmed at the first , that Princs might be deposed for disability ; then , for misgovernment ; now , upon pleasure and at will. For they who have given authority by commission , do always retain more than they grant (d) ; and are not excluded either from Commanding or Judging , by way of prevention , concurrence , or evocation ; even in those cases which they have given in charge (e) : The reason is declared by Vlpian , (f) Because he to whom Iurisdiction is committed representeth his person who gave commission , and not his own . Hereupon Alexander (g) , Panormitane (h) , Innocentius , and Felinus (i) , do affirm , that they may cast their Commissioners out of power when they please , because , as Paulus saith (k) a man can judge no longer , when he forbiddeth who gave authority . Further , all States take denomination from that part wherein the supreme power is setled ; as if it be in one Prince , it is called a Monarchy ; if in many of highest rank , then it is an Aristocracy ; if in the people , then a Democracy . Whereupon it followeth ; if the people are superiour to the Prince , if the Prince hath no power but by commission from them , that then all Estates are popular : for we are not so much to respect who doth execute this high Power of State , as from whom immediately it is derived . Hereto let us add that which you have said in another place (l) ; that in popular Governmens there is nothing but sedition , trouble , tumults , outrages , and injustices upon every light occasion ; and then we shall perceive , first , that you want the art of a wise deceiver , not to be entangled in your tale . Secondly , that this is mere poyson , which the Devil hath dropt out of your Pen , to infect Christian Countries with disobedience and disorder . In a word , to the contrary of this your impudent untruth , our Laws do acknowledge supreme authority in the Prince within the Realm and Dominions of England , (m) neither can Subjects bear themselves either superiour or equal to their Soveraign ; or attempt violence either against his person or estate , but as well the Civil Law (n) , as the particular Laws and Customs of all Countries , do adjudge it high and hainous Treason . I will speak now without passion : What reason have we , to accept your idle talk for a kind of authority , against the Judgment and Laws of most Nations in the world ? You proceed , that the power of a Prince is given to him by the Commonwealth , with such conditions and exceptions , as if the same be not kept , the people stand free . That the Prince receiveth his power under plain conditions , you go about to prove afterward : now you hold on , that in all mutual contracts , if one side recede from promise , the other remaineth not obliged : And this you prove by two Rules of the Law. The first is (o) , He doth in vain require promise to be kept of another man , to whom he refuseth to perform that which he promised . The other is (p) A man is not bound to perform his Oath , if on the other part , that be not performed , in respect whereof he did swear . Poor fellow , had you been as conversant in the light of Law , and clear course of Justice , as you are in the smoak and dust of some corner of a Colledge , you would never have concluded so generally so confidently upon any of the Rules of Law , which are subject for the most part unto many exceptions . Alexander (q) & Felinus (r) do assign five fallencies unto these Rules : Socinus (s) giveth the contrary Rule : To him that breaketh his faith or oath , faith ought to be kept ; and then restraineth it with seven limitations . But all affirm , that in those offices which are mutual between any persons , by the Law of Nature or of God ; as between the Father and the Child , the Husband and the Wife , the Master and Servant , the Prince and the Subject ; although the same be further assured by Promise or by Oath , the breach of duty in the one , is no discharge unto the other . And therefore if the Father performeth not his duty towards his Children , they are not thereby acquitted both of the obedience and care , which God and Nature exacteth of them ; howsoever Solon in his Laws discharged Children from nourishing their Parents , if they did not train them in some Trade , whereby they might acquire their living . Much less are Subjects exempted from Obedience , if the Prince either erre or be defective in Government ; because the like respect is not due unto Parents as unto Princes ( as I have somewhat touched before ) insomuch as a Son that beareth authority , hath right both to command and compel the Father (t) . This was declared among the Romans , by that which Plutarch (u) , Livie (x) , Valerius (y) , and Gellius (z) , do report of Q. Fabius : to whom , being Consul , when Fabius Maximus his Father , who had been Consul the year before , did approach sitting upon his Horse , the Son commanded him by a Sergeant to alight : the Father not onely obeyed , but highly commended both the Courage and Judgment of his Son , in maintaining the Majesty which he did bear , and in preferring a publick both Duty and Authority before private . Upon those examples Paulus the Lawyer did write (a) , that publick discipline was in higher estimation among the Roman Parents , * than the love of Children . After an impertinent discourse , that upon divers considerations an Oath ought not to be performed ; you annex another cause wherefore Subjects may withdraw their Allegeance ; and that is , when it should turn to the notable damage of the Commonwealth : And both these you affirm to be touched , in the deprivation of Childerick King of France . But I regard not what was touched in the deprivation of Childeric ; I have answered to that in the Chapter next before ; I require either Arguments or Authority of more tough temper . Well then , let us turn back the leaf , and there we shall find a Rule of the Law ( because by Rules only you will only beat down Rule ) (a) In evil promises it is not expedient to keep faith : Which is also confirmed by a sentence of Isid●rus (b) : In evil promises , break your word ; in a dishonest oath change your purpose . Well fare your wits , good soul ; Do you account the promise of obedience evil ? not so ( I suppose you will say ) but it turneth to be evil when it turneth to the notable detriment of the Commonwealth . It is one of your peculiar gifts , the further you go , the more impious you declare your self . For if you take the word evil in no higher sence than for detriment and dammage , it would follow upon your rule , that a man were no further tied to his promise , than the performance thereof were advantageable unto him . You would enforce also , that if the Father doth dissipate his patrimonial Estate , and run a course to ruine his Family , the Children and the Wife may thereupon disavow their duties . But if we take a true touch of this point , we shall find that the vices of any Prince are not sufficient of themselves to overthrow a State , except thereupon Rebellions be raised , which will draw all things into confusion . For there is no Prince , which either hath lived , or can almost be imagined to live , in so little sence of humanity , but generally he both favoureth and maintaineth some order of Justice ; only against particular persons , some of them have violently been carried by the tempest of their passion , whereby notwithstanding the inordinate desires of one man , cannot possibly reach to the ruine of all . So saith Suetonius , (c) that under Domitian the provinces were well governed , only certain private men at Rome , felt the evil of his cruelty and other vices . But when the people do break into tumult , then all course of Justice is stopped ; then is either assistance made , or resistance weakned for forain Invasion ; then is every one raised into hope who cannot fly but with other mens Feathers ; then , as when a fierce Horse hath cast his Rider , the Reins are loosed to those insolencies , which a dissolute people , nothing restrained either by honesty or ●●ar do usually commit . For as it is the nature of men , when they come ou● of one extremity wherein they have been holden by force , to run with a swift course into another , without staying in the midst ; so the people breaking out of Tyranny , if they be not hold back , will run headlong into unbridled liberty ; and the harder they were kept under before , the more insolently will they then insult . I observe that Saint Paul ▪ alleadgeth two reasons wherefore we should be obedient even to wicked and cruel Princes : one is for conscience sake , Because they are the ministers of God (d) ▪ and in their Royalty do bear his Image : Another , for the safety and tranquillity of our selves ; that we may lead under them a quiet and peaceable life . Whereupon the Prophet Ieremiah also exhorted the Jews to seek the peace of the City whither they should be transported , because in the p●ace thereof their quiet should consist : For by obedience , a few particulars remain in danger ; by Rebellion , all ; by Obedience , we can be under the Tyranny but of one ; by Rebellion we are exposed to the Rapine and Cruelty of many ; by the one nothing , by the other all things are permitted . Upon this ground Saint Augustine said ; (g) It is a general covenant of humane Society to obey Kings : And likewise St. Ambrose (h) It is a great and special point of doctrine whereby Christians are taught to be subject unto higher powers . Three ways a cruel Prince may work violence against his Subjects ; upon their Goods ; upon their Persons ; and upon their Consciences , by commanding them to commit that which is evil . Of the first , St. Ambrose saith : (i) If the Emperour demandeth tribute , we do not deny him : If he desireth Fields , let him take them if he please : I do not give them to the Emperour ; but therewith also I do not deny them . Of the second , Tertullian writeth (k) as I have alleadged him before : For what War are we unserviceable or unfit , although unequal in number , who do so willingly suffer death ? Yea , he was so far from judging it lawful to resist , that he thought it scarce allowable to fly . In the third case , not your rule of Law , but the rule of the Apostles taketh place : It is better to obey GOD than man (l) : whereby the Subject is not bound to yield obedience . But how ? he is not bound to obey by doing , but by suffering he is : He is not bound to obey in doing that onely which is evil ; but he is not thereby freed from doing any other thing which is lawfully commanded . St. Augustine saith , (m) Iulian was an Infidel Emperour , an Apostata , an Idolater ; Christian Souldiers did serve this Infidel Emperour ; when he would have them worship Idols , and offer Frankincense unto them , they preferred God before him : but when he said , Bring forth the Army , march against such a Nation , they did presently obey . All this seemeth to be confirmed by God himself , who after he had forewarned the people of Israel by the mouth of Samuel , (n) what heavie , what open injustice they should endure under some of their Kings , he concludeth in these words : And ye shall cry out in that day because of your King , and the Lord will not hear you . As if he had said : you shall grudge at this burthen , you shall groan under it ; but you shall not have power , either to shrink from it , or to shake it off . Surely , if you had been advisied , you would privily have blown your Blasphemies into the ears of those Ideots , who adore you for the great Penitentiaries of the See of Rome , and esteem your idle imaginations as the Articles of their Faith : and not so publickly have poured forth your self into these Paradoxes , both impious and absurd ; not so boisterously have stepped , like Hercules Furens , upon the open stage of the world , to denounce deprivation against all Princes . You would not thus confidently have opposed your hot-headed assertion against all the ancient Fathers of the Church . You would not thus ignorantly have troubled the Waters of true humane Wisdom , by corrupting the sence of the Civil Laws : you would not thus profanely have abused the Scriptures in maintaining Rebellion , as Conjurers do in invocating the Devil . For first , you are thereby discovered to be neither religious , modest , nor wise : Secondly , you have run your self into the compass of a Canon , in the Council of Chalcedon . (q) Wherein it is thus decreed against you : If Clerks shall be found to be contrivers of Conspiracies , or raisers of Factions , let them be degraded . After this you declare who is a Tyrant ; and that is a King , ( you say ) if once he doth decline from his duty : which is a large description , and fit to set all Christian Countries on float with Bloud . Comines saith , that he is to be esteemed a good King , whose vertues are not overballanced by vice . I omit your thick errour in putting no difference between a Magistrate and a King , with many other of like quality ; and do come now to a principal point of your strength : That Christian Princes at this day are admitted upon conditions , and likewise with protestations , that if they do not perform the same , their Subjects are free from all alleageance . This you will prove by the particular Oaths of all Princes , if the over-running of your tongue may have the full course without encounter . An Answer to the fifth Chapter , which is intituled , Of the Coronation of Princes , and manner of admitting to their Authority ; and the Oaths which they do make in the same unto the Commonwealth for their good Government . FIrst I will preface , that no Prince is soveraign , who acknowledgeth himself either subject or accountable to any but to God ; even as Marcus Aurelius said , That Magistrates were Judges of private men , and the Prince of Magistrates , and God of the Prince . In regard of this immediate subjection , Princes are most especially obliged to the Laws of God and of Nature : for (r) Baldus , (s) Alexander , (t) Speculator , (u) all Interpreters , the Law it self , do affirm , that Princes are more strictly bound to these Laws , than any of their Subjects . Whereof Dionysius the Tyrant had some sence , when he said unto his Mother , * That he was able to dispence with the Laws of Syracusa , but against the Laws of Nature he had no power . If therefore a Prince doth profess that he will bear himself r●gardful of the accomplishment of these Laws , he doth not condition or restrain himself , but 〈…〉 honourable promise of endeavour 〈◊〉 discharge his Duty , being tyed thereby to no scanter scope than he was before . The reason hereof is , (y) Quia expressio ejus quod tacitè inest , nihil operatur : The expressing of that which is secretly understood , worketh nothing . Again , when the Promise is not annexed to the Authority , but voluntarily and freely made by the Prince , his Estate is not thereby made conditional . For the Interpreters of the Civil Law do consent in this Rule (z) , Pacta conventa quae contractibus non insunt , * non formant actionem : Covenants which are not inherent in Contracts , do not form an Action . And therefore although by all Laws , both of Conscience and State , a Prince is bound to perform his Promise ; because ( as the Master of Sentences saith ) God himself will stand obliged to his word : yet is not the authority , but the person of the Prince hereby affected ; the person is both tyed and touched in honour , the authority ceaseth not , if performances do fail . Of this sort was that which you report of Trajan , who in delivering the Sword to his Governors , would say , If I reign justly , then use it for me ; if otherwise , then use it against me : But where you adde , that these are the very same words in effect which Princes do use at their Coronations , ( pardon me , for it is fit I should be moved ) you will find it to be a very base lye . Of this nature was that also which the same Trajan did ( to encourage his Subjects to do the like ) in taking an Oath to observe the Laws : which Pliny the younger did account so strange , as the like before had not been seen . But afterward Theodoric did follow that fact ; whereupon Cassiodorus saith , Ecce , Trajani nostri clarum seculis reparamus exemplum ; jurat vobis per quem juratis : We repair the famous example of Trajan ; he sweareth to you by whom you swear . So when King Henry the Fifth was accepted for Successor to the Crown of France , he made promise to maintain the Parliament in the liberties thereof . And likewise divers Princes do give their faith to maintain the priviledges of the Church , and not to change the Laws of the Realm : which Oath is interpreted by * Baldus , (a) Panormitane , and (b) Alexander , to extend no further than when the Laws shall be both profitable and just ; because Justice and the common benefit of Subjects , is the principal point both of the Oath and Duty of a Prince , whereto all other clauses must be referred . And now to your Examples . First , because in all the rank of the Hebrew Kings you cannot find either Condition or Oath ; not in the ancient Empires and Kingdoms of the world ; not usually in the flourishing time of the Roman State , both under Heathen and Christian Emperours ; because these times are too pure for your purpose , you fumble forth a dull Conjecture : That forsomuch as the first Kings were elected by the People , it is like that they did it upon conditions and assurances for themselves . That the first Kings received not their Authority from the people , I have manifested before : and yet your inference hereupon is no other , than if you should sue in some Court for a Legacy , alleadging nothing for your intent , but that it is like the Testator should leave you something ; in which case it is like ( I suppose ) that your Plea would be answered with a silent scorn . After a few loose Speeches , which no man would stoop to gather together , you bring in the example of Anastasius the first Emperour of Constantinople ; of whom the Patriarch Euphemius required before his Coronation , a Confession of the Faith in writing , wherein he should promise to innovate nothing . And further , he promised to take away certain Oppressions , and to give Offices without money . Let us take things as they are , and not speak upon idle imagination , but agreeable to sence . What either Condition or Restraint do you find in these words ? Condition they do not form , because in case of failance they do not make the Authority void : neither do they make Restraint , because they contain no point whereunto the Law of God did not restrain him . All this he was bound to perform without an Oath ; and if he were a thousand times sworn , he was no more but bound to perform it : even as if a Father should give his word to cloath and feed his Child ; or the Husband to love his Wife ; or any man to discharge that duty which God and Nature doth require . It is true , that Anastasius was both a wicked man , and justly punished by God for the breach of his Faith ; but his Subjects did never challenge to be free therefore from their Allegiance . The same Answer may be given to the Promise , which Michael the first gave to Nicephorus the Patriarch , That he would not violate the Ordinances of the Church , nor embrue his hands with innocent bloud ; especially if you take the word Ordinances for matters necessary to be believed : but if you take it in a larger sence , then have I also declared in the beginning of this Chapter , how far the Promise doth extend . Your next Example is of the Empire of Almain ; from whence all that you object doth fall within this circle . After the death of Charles the Great , the Empire was held by Right of Succession , until his Line was determined in Conrade the First : After whose death it became Elective : first , in Henry Duke of Saxony ; then in Otho his son ; and afterwards in the rest : from whom notwithstanding no other promise was wrested , but the discharge of that duty , which they were informed , or rather threatned , that God would severely exact at their hands . But ( as in all Elective States it usually happeneth ) at every new change and choice , the Emperour was deplumed of some of his Feathers , until in the end he was made naked of Authority , the Princes having drawn all power to themselves . So by degrees the Empire was changed from a Monarchy to a pure Aristocracy ; the Emperour bearing the Title thereof , but the Majesty and Puissance remaining in the States . During which weakness of the Emperour , some points were added to his Oath , which seemed to derogate from the soveraignty of his estate . But what is this to those Princes who have retained their dignity , without any diminution either of Authority or of Honour ? The like may be said of Polonia , which not many hundred years since was erected into a Kingdom ; and although the States did challenge therein a right of Election , yet did it always pass according to propinquity of bloud , and was esteemed a soveraign Monarchy ; until after the death of Casimire the Great , when Lodovicus his Nephew King of Hungary , rather greedy than desirous to be King also of Polonia , did much abase the Majesty thereof . Yet falling afterward into the Line of Iagello , who married one of the daughters of Lodowiek , it recovered the ancient both dignity and strength . But when that Line also failed in Sigismond Augustus , the last Male of that Family , the States elected Henry Duke of Anjou for their King , with this clause irritant ; That if he did violate any point of his Oath , the people should owe him no Allegiance . But whereas you report this as the usual Oath of the Kings of Polonia , you deserve to hear the plainest term of untruth . In the Kingdom of Spain you distinguish two times : one , before the Conquest thereof by the Moors ; the other , after it was recovered again by the Christians . I acknowledge a difference in these two times ; for that in the one , the Right of the Kingdom was Elective ; in the other , it hath always remained Successive : insomuch as (d) Peter Belluga , a diligent Writer of the Rights of Arragon , doth affirm , * that the people have no power in elect●on of the King , except in case the Line should fail . Concerning the matter in controversie , you affirm , that the Kings did swear the same points in effect , which before have been mentioned . This we must take upon your forfeited Faith , for you alleadge no form of Oath , onely you write , that the fourth National Council of (c) Toledo , with all humility convenient did require , that the present King and all other that should follow , would be meek and moderate towards their Subjects , and govern them with Justice , and not give sentence in Causes capital without assistance : declaring further , that if any of them should exercise cruel and proud Authority , that they were condemned by Christ with the sentence of Excommunication , and separated to everlasting Judgment . But what pang hath possessed your dreaming brains , to term this by a marginal Note , Conditions of reigning in Spain ? being no other than a reverent and grave admonition of the duty of a King , with a fearful declaration of the Judgment of God against wicked Princes . And that which was afterward decreed in the sixth Council of Toledo , That the King should swear , not to suffer any man to break the Catholick Faith , because it is a principal point of his duty , his Estate was not thereby made conditional . The rest of this passage you fill up with froath of the antiquated Law of Don Pelayo , prescribing a form of inaugurating the Kings of Spain ; whereof there is not one point either now in use , or pertaining to the purpose . So miserable is your case , that you can write nothing therein , but that which is either impertinent or untrue . For France , your first Example is taken from the Coronation of Philip the First : wherein you note , that King Henry his Father requested the people to swear Obedience to his son ; inferring thereby , that a Coronation requireth a new Consent , which includeth a certain Election of the Subjects . But this is so light , that the least breath is sufficient to disperse it . Philip was crowned King during the life of his Father : which action , as it was not ordinary , so was it of such both difficulty and weight , that it could not be effected without assembly and consent of the States . The Oath which he made , is in this form extant in the Library of Rheimes : I do promise before God and his Saints , that I will conserve to every one committed unto me , Canonical Priviledge , and due Law and Iustice , and will defend them , by the help of God , so much as shall lie in my power , as a King by right ought to do within his Realm , to every Bishop , and to the Church committed to him : and further , to the People committed to my charge , I will grant by my authority the dispensation of Laws according to right . Adde to this a more ancient form of the Oath of those Kings , which it seemeth you have not seen : I swear in the Name of God Almighty , and promise to govern well and duly the Subjects committed to my charge , and to do with all my Power , Iudgement , Iustice , and Mercy . Adde also the Oath which you alleadge of Philip the Second , surnamed Augustus : To maintain all Canonical Priviledges , Law and Iustice due to every man , to the uttermost of his power ; to defend his Subjects as a good King is bound to do ; to procure that they be kept in the union of the Church ▪ to defend them from all Excess , Rapine , Extortion , and Iniquity , to take order that Iustice be kept with equity and mercy ; and to endeavour to expel Hereticks . What doth all this rise unto , but a Princely promise to discharge honourably and truly those points of duty which the Laws of God did lay upon them ? What other Conditions or Restraints are imposed ? What other Contract is hereby made ? Where are the Protestations which in the end of the last Chapter you promised to shew , that if the Prince do fail in his Promise , the Subjects are free from their Allegiance ? What Clause do you find sounding to that sence ? But you little regard any thing that you say ; you easily remember to forget your word . Well then , we must put these your vain Speeches into the reckoning of Money accounted , but not received : and seeing you cannot shew us that the Kings of France and of Spain are tyed to any Condition , whereto the Law of God doth not bind them , I will not vary from the judgment of Ordradus (f) in affirming them to be absolute Kings . I have pressed this point the rather in this place , because you write , that most Neighbour-Nations have taken the form of anointing and crowning their Kings , from the ancient custom of France ; although the substance be deduced from the first Kings of the Hebrews , as appeareth by the anointing of King Saul : whereof David ( you say ) made great account , notwithstanding that Saul had been rejected by God , and that himself had lawfully born Arms against him . Out , Atheist ; you would be dawbed with Dung , and have the most vile filth of your Stews cast in your face . Did David bear Arms against his anointed King ? did he ever lift up his eye-lids against him ? did he ever so much as defend himself otherwise than by flight ? It is certain that Shemei did not half so cruelly either curse or revile this holy man , who did so much both by speech and action detest this fact , that he would rather have endured ten thousand deaths , than to have defiled his Soul with so damnable a thought . What then shall we say unto you , who to set up Sedition and Tumult , abuse all divine and humane Writings , in whatsoever you believe will advance your purpose ? who spend some speech of respect unto Kings for allurement onely , to draw us more deep into your deceit ? Shall we give any further ear to your Doctrine , both blasphemous and bloudy ? We will hear you to the end ; and I deceive my self , but your own tale shall , in any moderate judgment , condemn the authority of your opinions for ever . Let us come then to your last Example , ( which is neither the last nor the least whereat you level ; ) and that is of England , which of all other Kingdoms ( you say ) hath most particularly taken this Ceremony of Sacring and Anointing from France . Well , let the Ceremony be taken from whence you please ; if the Oath be no other than you do specifie , To observe peace , honour , and Reverence unto Almighty God , to his Church , and to the Ministers of the same ; to administer Law and Iustice equal●y to all ; to abrogate evil Laws and Customs , and maintain good ; ( which was the Oath of King Richard the First ; the like whereto was that of King Iohn , altered onely in the first branch , To love and defend the Catholick Church . ) If the Oath be no other , I say , I do not see what other Answer you need to expect , but that it is onely a free Royal Promise , to discharge that duty which God doth impose . And this is plainly declared by the Speech which you alleadge of Thomas Arundel Archbishop of Canterbury , to King Henry the Fourth : Remember ( saith he ) the Oath which voluntarily you made : Voluntarily he said , and not necessarily ; it was voluntaly in Oath , but necessary in Duty . That which you report also , that ▪ Thomas Becket did write unto King Henry the Second , importeth nothing else but an acknowledgment of Duty : Remember ( said he ) the Confession which you made . I cannot omit your description of the manner of the Coronation in England . First ( you say ) the King is sworn ; then the Archbishop declareth to the people what he hath sworn , and demandeth if they be content to submit themselves unto him under those conditions : whereunto they consenting , he putteth on the Royal Ornaments ; and then addeth the words of commission : Stand and hold thy place , and keep thy Oath . And thus you have hammered out a formal Election , supposing that you draw together the pieces of falshood so close , that no man can perceive the s●am . The truth is , that King Henry the Fourth being not the nearest in Bloud to the inheritance of the Crown , did countenance his violence with the election of the people ; not at his Coronation , but in a Parliament that was holden before . And therefore you do impudently abuse us ; first , in joyning them together as one Act ; secondly , by falsifying divers points in both ; lastly , by insinuating that the same order was observed by other Kings . The points which you falsifie , are these : The interrogation of the Archbishop to the people ; the absurd straining of these words , Stand , hold thy place , to be a Commission ; the alleadging also out of Stow , 1. That the Archbishop did read unto the people what the King was bound unto by Oath . 2. That the Earl of Northumberland did shew a Ring unto the people , that they might thereby see the Band whereby the King was bound unto them . 3. That the King did pray that he might observe his promise . In whi●h composition of Conceits you shew how active you are in counterfeiting any thing that may make to your purpose ; perswading your self , that it is no fraud unto God , to deceive the World in a lye for advantage . King Edward the Fourth also ( because his Right was litigious , and another was in possession of the Crown ) strengthened , or rather countenanced his Title with the approbation of the People . But where you write , that at the Coronation of King Edward the Sixth , Queen Mary , and Queen Elizabeth , the consent and acceptation of the people was demanded : First , we have no cause to credit any thing that you say ; then , although it be true , yet not being done in Parliament , it addeth no right unto the Prince ; but is onely a formality , a circumstance onely of Ceremony and Order . Hereupon you conclude , that a King hath his authority by agreement and contract between him and the people : insinuating thereby , that he loseth the same , if he either violate or neglect his word . The contrary opinion , that onely succession of Bloud maketh a King , and that the consent of the people is nothing necessary , you affirm to be absurd , base , and impious , an unlearned , fond , and wicked assertion ; in flattery of Princes , to the manifest ruine of Commonwealths , and perverting of all Law , Order , and Reason . I did always foresee that your impostumed stomach would belch forth some loathsome matter . But whosoever shall compare this confident conclusion with the proofs that you have made , he will rather judge you mad than unwise . This bold blast , upon grounds that are both foolish and false , bewrayeth rather want than weakness of wits . I am ashamed I should offer any further speech in so evident a truth : but since I have undertaken to combate an Heresie , since the matter is of so great consequence and import , I purpose once again to give you a Gorge . Learn then , heavy-headed Cloisterer , unable to manage these mysteries of State ; learn of me , I say , for I owe this duty to all Christians : the Prophets , the Apostles , Christ himself hath taught us to be obedient to Princes , though both Tyrants and Infidels . This ought to stand with us for a thousand reasons to submit our selves to such Kings as it pleaseth God to send unto us ; without either judging or examining their qualities . Their hearts are in Gods hand ; they do his service , sometimes in preserving , sometimes in punishing us : they execute his judgment both ways , in the same measure which he doth prescribe . If they abuse any part of their power , we do not excuse , we do not extenuate it ; we do not exempt them from their punishment : let them look unto it , let them assuredly expect that God will dart his vengeance against them with a most stiff and dreadful arm . In the mean season , we must not oppose our selves otherwise than by humble suits and prayers ; acknowledging that those evils are always just for us to suffer , which are many times unjust for them to do . If we do otherwise , if we break into tumult and disorder , we resemble those Giants of whom the Poets write , who making offer to scale the Skies , and to pull Iupiter out of his Throne , were overwhelmed in a moment with the Mountains which they had heaped together . Believe it , Cloisterer , or ask any man who is both honest and wise , and he will tell you : It is a Rule in Reason , a Tryal in Experience , an Authority confirmed by the best , That ▪ Rebellion produceth more horrible effects , than either the tyranny or insufficiency of any Prince . An Answer to the sixth Chapter , whereof the title is , What is due to onely Succession by Birth ; and what interest or right an Heir apparent hath to the Crown , before he is crowned or admitted by the Commonwealth : and how justly he may be put back , if he hath not the parts requisite . YOu begin ( after your manner ) with a carreer against Billay ; but because both I have not seen what he hath written , and dare not credit what you report , I will not set in foot between you . In breaking from this , you prefer Succession of Princes before free Election , as well for other respects , as for the pre-eminence of Ancestry in birth , which is so much priviledged in the Scripture : and yet not made so inviolable , ( you say ) but upon just causes it might be inverted , as it appeareth by the examples of Iacob , Iudah , and Solomon . And this liberty you hold to be the principal remedy for such inconveniencies as do ensue of the course of Succession ; as if the next in birth be unable or pernicious to govern : in which cases , if he be not capable of directions and counsels , you affirm that the remedy is to remove him . And so you make Succession and Election , the one to be a preservative to the other ; supposing , that the difficulties of both are taken away , First , if ordinarily Succession taketh place ; then , if upon occasion , we give allowance to Election . For the Prerogative of Birth , as also for the special choice which God hath often made of the youngest , I will remit my self to that which I have written before (g) . At once ; in those particular actions which God hath either done , or by express Oracle commanded , contrary to the general Laws which he hath given us ; as in the Robbery of the Egyptians , the extirpation of the Amalekites , the insurrection of Iehu , and such like ; we are bound to the Law , and not to the Example . God hath given us a natural Law to prefer the first-born ; he hath often made choice of the youngest , because he commonly worketh greatest effects , by means not onely weak , but extraordinary ; as it appeareth by the birth of Isaak . But that these special Elections of God are not proposed for imitation to us , hereby it is evident ; because they have been for the most part without defect in the one , or demerit in the other . And especially in this example of Iacob and Esau , St. Paul saith (h) that it was not grounded upon their works , but upon the will and pleasure of God ; for before they had done good or evil , before they were born , God said : (i) The eldest shall serve the youngest . Which if we might imitate , the priviledge of birth were given in vain . For your device in joyning Election to Succession , whereby one of them should remedy the difficulties of the other , it is a meer Utopical conceit : What else shall I term it ? an imposture of State , a Dream , an Illusion , fit only to surprise the judgement of the weak and ignorant multitude . These toys are always hatched by the discoursive sort of men rather than the active ; being matters more in imagination than in use : and herein two respects do principally oppose against you . The first is , for that in most Nations of the world , the people have lost all power of Election ; and Succession is firmly setled in one discent , as before I have declared (k) . The second is , for that more fiery factions are hereby kindled , than where Succession or Election are meer without mixture . For where one claimeth the Crown by Succession , and another possesseth it by Title of Election ; there , not a disunion only of the people , not a division in arms , but a cruel throat-cutting , a most immortal and mercyless butchery doth usually ensue . It is somewhat inconvenient ( I grant ) to be governed by a Prince either impotent or evil ; but it is a greater inconvenience , by making a breach into this high point of State , to open a way to all manner of ambitions , perjuries , cruelties and spoil : whereto the nature of the common-people would give a great furtherance , who being weak in Wisdom , violent in Will ; soon weary of quiet , always desirous of change , and most especially in matters of State , are easily made serviceable to any mans aspiring desires . This I have manifested before (l) , by the examples of King Edward and King Richard , both surnamed the Second : who were not insupportable either in nature or in rule ; and yet the people , more upon wantonness than for any want , did take an unbridled course against them . And thus is your high Policy nothing else but a deep deceipt ; thus whilst you strive with the wings of your wit to mount above the Clouds of other mens conceit ▪ you sink into a sea of absurdities and errours . After this , you determine two questions : The first is , What respect is to be attributed to propinquity of bloud only . Whereto you answer , that it is the principal circumstance which leadeth us to the next Succession of the Crown , if other circumstances and conditions do ●oncur , which were appointed at the same time , when the Law of Succession was established . Assuredly , you can never shew either when , or by whom , this Law of Succession was first instituted , except perhaps by some Nimrod , when he had brought the neck of a people under his sword : at which time , what conditions he would set down to be required from his Successour , any ordinary judgment may conjecture at ease . Well , since you set us to seek for proof of this , to that which you have written before , I will also send you back to the same place (m) for your answer . The second question is , What interest a Prince hath to his Kingdom , before he be Crowned ? This you resolve by certain comparisons ; and first you write , that it is the same which the German Emperour hath before his Coronation . But that is so large , that some Emperours have never been Crowned ; others have deferred it for many years ; among which (n) Crantzius writeth , that Otho the First received the Crown of the Empire , in the eight and twentieth year of his Reign . And yet is not this comparison full to the question propounded ; because in elective States there is not held one perpetual continuance of Royalty , as is in those that are successive . And (o) Panormitane saith , That an argument a similibus is not good , if any difference can be assigned . Much more unfitly do you affirm , that it is no greater than a Mayor of London hath in his Office , before he hath taken his Oath : For it is odiously absurd , to compare the Authority of an absolute Prince by succession , to the Authority of an Officer , both elective and also subject . But it is the example of marriage ( you say ) whereby this matter is made more plain : for as in this contract there is an espousal , by promise of a future act , and a perfect marriage by yielding a present consent ; the first is , when both parties do mutually promise that they will. The second , that they do take one the other for Husband and Wife : So an Heir apparent , by propinquity of blood is espoused only to the Commonwealth , and married afterward at his Coronation , by Oaths of either party , and by putting on the Ring , and other Wedding-garments . But how were Kings married in former ages ? how are they now married in those Countrys , where they have neither Ring , nor Wedding-garment , nor also any Oath ? What ? is every Office and Degree which is taken with Ceremony , to be esteemed likewise a Marriage ? Or if you will have Coronation onely to be a Marriage , what else can it resemble , but the publick celebration of Matrimony between man and woman ? which addeth nothing to the substance of contract , but onely manifesteth it to the world . These pitiful proofs naked of authority , empty of sence , deserve rather to be excused than answered : I will help therefore in some sort to excuse them . They are the best that your both starved cause and conceit can possibly afford : and you have also some fellows in your folly . Heliogabalus did solemnly joyn the statues of the Sun and of the Moon in marriage together . Nero was married to a man , and took also a man to his Wife . The Venetians do yearly upon Ascention-day , by a Ring and other ceremonies , contract marriage with the Sea. But now in earnest ; men do die whensoever it pleaseth God to call them : but it is a Maxime in the Common-Law of England : Rex nunquam moritur ; The King is always actually in life . In France also the same custom hath been observed ; and for more assurance , it was expresly enacted under (p) Charles the fifth , That after the death of any King , his eldest Son should incontinently succeed . For which cause the Parliament-Court of Paris doth accompany the funeral-obsequies of those that have been their Kings , not in mourning attire , but in Scarlet ; the true ensign of the never-dying Majesty of the Crown . In regard of this certain and incontinent succession , the (q) Glossographer upon the Decrees , noteth , That the Son of a King , may be called King during the life of his Father , as wanting nothing but administration : wherein he is followed with great applause by (r) Baldus , (s) Paenormitane , (t) Iason , (u) Carol. Ruinus , (w) Andreas Iserna , Martinus , Card. Alexander , (x) Albericus , (y) Fed. Barbatius , (z) Philip Decius , and Ant. Corsetta , (a) Fra. Luca , (b) Matthe , Afflict . And the same also doth Servius note out of (c) Virgil , where he saith of Ascanius : Regemque requirunt , his Father Aeneas being yet alive . But so soon as the King departeth out of life , the Royalty is presently transferred to the next Successour , according to the Laws and Customs of our Realm . All Writs go forth in his Name ; all course of Justice is exercised , all Offices are held by his Authority ; all States , all Persons , are bound to bear to him Allegeance : not under supposal of approbation when he shall be Crowned , according to your dull and drousie conjecture , but as being the true Soveraign King of the Realm . He that knoweth not this , may ( in regard of the affairs of our State ) joyn himself to St. Anthony , in glorying in his ignorance , and professing that he knoweth nothing . Queen Mary Reigned three months before she was Crowned , in which space the Duke of Northumberland and others were condemned and executed for Treason : for Treason , I say , which they had committed , before she was proclaimed Queen . King Edward the first was in Palestina , when his Father died ; in which his absence , the Nobility and Prelates of the Realm assembled at London , and did acknowledge him for their King. In his return homeward he did homage to the French King , for the lands which he held of him in France . He also repressed certain Rebels of Gascoine ; amongst whom , Gasco of Bierne appealed to the Court of the King of France : where King Edward . had Judgment , that Gasco had committed Treason (d) ; and thereupon he was delivered to the pleasure of King Edward . And this hapned before his Coronation , which was a year and nine months after he began to reign . King Henry the sixth was crowned in the eighth year of his Reign ; and in the mean space , not only his Subjects did both profess and bear Allegeance , but the King of Scots also did swear Homage unto him . What need I give any more either instance or argument , in that which is the clear Law , the uncontrouled custom of the Realm ? Against which notwithstanding your weather-beaten forehead doth not blush to oppose a blind Opinion , that Heirs apparent are not true Kings , although their Titles be just , and their predecessors dead . This you labour to prove by a few dry conjectures , but especially and above all others ( you say ) because the Realm is asked three times at every Coronation , whether they will have such a man to be their King or no. First , we have good reason to require better proof of this question than your bare word . Secondly , although we admit it to be true , yet seeing the answer is not made by the Estates of the Realm assembled in Parliament , but by a confused concourse ( necessary Officers excepted ) of all sorts both of Age and Sex , it is for Ceremony only , and not of force , either to give or to increase any right . Another of your Arguments is , for that the Prince doth first swear to Govern well and justly , before the Subjects take their Oath of Allegeance ; which argueth , that before they ▪ were not bound . And further you affirm , that it hapned onely to King Henry the fifth , among his predecessors , to have fealty done unto him , before he was crowned , and had taken his Oath . I confess indeed , that Polydore and Stow have written so ; but you might easily have found that they write not true ; the one of them being a meer stranger in our State ; the other a man more to be commended for endeavour than for art . King Iohn being in Normandy when his Brother died , sent into England Hubert Arch-bishop of Canterbury , William Marshal Earl of Strigvile , and Geoffry Fitzpeter Lord Chief Justice , who assembled the States of the Realm at Northampton , and took of them an Oath of obedience to the new King. Also King (e) Henry the Third caused the Citizens of London , the Guardians of the Cinque-ports , and divers others , to swear fealty to Prince Edward his son ; who being in Palestina when his Father died , the Nobility and Prelates of the Realm assembled in the new Temple at London , and did acknowledge him for their King. And in like manner , King Edward the Third took an Oath of all the Nobility of the Realm , of faith after his death to Richard Prince of Wales ; and so did King Henry the first , for his Daughter Mawde , and her young son Henry . After the death of King Henry the Fifth , that Subjects did often swear allegeance before the Coronation and Oath of the King , you had neither Countenance nor Conscience to deny : but it was neither of these two which did restrain you ; it proceeded onely from the force of truth , which will manifest it self whatsoever art we use to disguise it . For otherwise , what Countenance , what Conscience had you to affirm , that it is expresly noted by our English Historiographers , That no Allegeance is due unto Kings before they be crowned ? Who are these Historiographers ? Where do they so write ? You that search every dusty corner of your Brains for a few ragged reasons to uphold your Heresie , should not either have mentioned , or omitted such pregnant proofs : For in that you affirm and do not express them , you condemn your self by your own silence . If you mean that which you alleadge out of Polydore and Stowe : That an Oath of fealty was never made before Coronation , until the time of King Henry the Fifth ; it is neither true , nor to any such sence . If you mean that of Polydore in terming Henry the Fifth Prince and not King , before he was crowned ; in writing also , that the States did consult in Parliament , (f) Of creating a new King after the custom of their Ancestors : It is a sleepie jeast , to strain every word in such an Author to propriety of speech . You might better have cited , what certain Cities in France , not long since , alleadged for themselves : That because they had not reputed Henry the Fourth for their King , because they had not professed Alleageance unto him , they were not to be adjudged Rebels : Whereupon notwithstanding the chiefest Lawyers of our age did resolve , that forasmuch as they were original Subjects , even Subjects by birth ; they were Rebels in bearing Arms against their King , although they had never professed alleageance . And this is so evidently the Law of the Realm , that it is presumption in us both : in you , to assay by your shallow Sophistry to obscure or impugn ; in me , to endeavour by authorities and arguments to manifest or defend the same . But the admission of the people ( you say ) hath often prevailed against right of Succession . So have Pyrates against Merchants ; so have Murtherers and Thieves against true meaning Travellers . And this disloyalty of the people hath moved divers Kings to cause their Sons to be crowned during their own lives ; because the unsetled state of succeeding Kings doth give opportunity to boldest attempts ; and not as you dream , because admission is of more importance than succession . I will examine your Examples in the Chapters following . In the mean time , where you write , that King Henry and King Edward , both called the Fourth , had no better way to appease their minds at the time of their death , but by founding their Title upon consent of the people ; the Authors (g) which you cite do plainly charge you with unexcusable untruth . King Edward never made question of his right : King Henry did , as some other Authors report (h) ; but applied no such deceitful comfort : this false skin would not then serve to cover his wound . An Answer to the Seventh Chapter , which beareth title , How the next in Succession by propinquity of Blood , have oftentimes been put back by the Commonwealth , and others further off admitted in their places , even in those Kingdoms where Succession prevaileth ; with many Examples of the Kingdom of Israel and Spain . HEre you present your self very pensive to your audience , as though you had so over-strained your wits with store of Examples of the next in Succession not admitted to the State , that you had cracked the credit of them for ever . But you are worthy of blame , either for endangering or troubling your self in matters of so small advantage . I have shewed before , that Examples suffice not to make any proof ; and yet herein doth consist the greatest shew of your strength . It is dangerous for men to be governed by Examples though good , except they can assure themselves of the same concurrence of reasons , not onely in general , but in particularities ; of the same direction also and carriage in Counsel ; and lastly , of the same favourable fortune : but in actions which are evil , the imitation is commonly worse than the example . Your puffie discourse then is a heap of words without any weight ; you make mountains , not for Mole-hills , but of Moats ; long harvest of a small deal , not of Corn , but of Cockle : and ( as one said at the shearing of Hogs ) great cry for a little , and that not very fine Wool. Yea , but of necessity something you must say : yea , but this something is no more than nothing . You suppose , that either your opinion will be accepted , more for authority of your Person , than weight of your Proofs ; or else that any words will slide easily into the minds of those who are lulled in the humour of the same inclination ; because partiality will not suffer men to discern truth , being easily beguiled in things they desire . Besides , whatsoever countenance you carry , that all your Examples are free from exception , yet if you had cast out those which are impertinent , or unjust , or else untrue , you could not have been overcharged with the rest . Your first example , that none of the Children of Saul did succeed him in the Crown , is altogether impertinent : because by particular and express appointment of God (i) , the Kingdom was broken from his posterity . We acknowledge that God is the onely superiour Judge of Supream Kings , having absolute both Right and Power , to dispose and transpose their Estates as he please . Neither must we examine his actions by any course of Law , because his Will is above all Law. He hath enjoyned the people to be obedient to their Kings , he hath not made them equal in authority to himself . And whereas out of this example you deduce , that the fault of the father may prejudicate the sons right , although he had no part in the fault ; to speak moderately of you , your judgement is either deceitful or weak . God in his high Justice , doth punish indeed the sins of Parents upon their Posterity (k) : but for the ordinary course of Humane Justice , he hath given a Law , that the Son shall not bear the iniquity of the Father : The equity whereof is regularly followed , both by the Civil (m) and Canon (n) Law ; and by the Interpreters of them both (o) . Your second example is of King Solomon , who succeeded in the State of David his Father , notwithstanding he was his youngest Son. But this example in many respects falleth not within the compass of your case . First , because he was not appointed Successour by the people , and we speak what the people may do to direct Succession . Secondly , for that the Kingdom was not then stablished in Succession . Lastly , for that the action was led by two Prophets , David and Nathan , according to the express choise and direction of God (p) : whereby it is no rule for ordinary right . Here many points do challenge you of indiscretion ●● the least . You write that David made a promise to Bathsheba in his youth , That Solomon should succeed in his estate : but if you had considered at what years Solomon began to Reign , you should have found that David could not make any such promise , but he must be a youth about threescore years of age . You write also , that David adored his Son Solomon from his bed : but the words wherewith David worshipped were these (q) : Blessed be the Lord God of Israel , who hath made ▪ one to sit on my Throne this day , even in my sight : whereby it is evident , that David adored God and not his Son. This I note rather for observation of the loosness of your Judgment , than for any thing it maketh to the purpose . You are so accustomed to untruths , that you fall into them , without either advantage or end . The like answer may be given to your example of Rehoboam ; because God declared his sentence therein by two Prophets , Ahijah (r) & Shemaiah (s) . But for that the ten Tribes revolted from Rehoboam upon discontentment at his rough answer , and with dispite against David and his House , and not in obedience to Gods Decree , we cannot excuse them from offence , for which it turned to their destruction . For hereupon , first they were separated both from the place and manner of the true Worship of God ; then , there arose unappeasable War , between them and the Tribe of Iudah ; then , insolencies following disorders , they were never long time free from Conspiracies , Divisions , and Tumults : by which means being drained both of Wealth and Inhabitants , and reduced to a naked weakness , they were lastly carried captive into divers far Countries , and strangers were sent to inhabit their Cities . I must here also observe a few of your interpretations , wherein your boldness is not limited with any bounds . It is to be noted ( you say ) that before Rehoboam went to Shechem to be admitted by the people , he was not accounted true King. I desire therefore that you would satisfie us in these places following . Before Rehoboam went to Shechem , the Scripture saith , that Solomon died , & was buried , and Rehoboam his Son reigned in his stead (t) . Again , after the defection of the ten Tribes it is said , that in the Cities of Iudah Rehoboam did Reign still (u) ; implying thereby , that in the other Cities he reigned before . Again , they are said to have rebelled against the house of David (w) . And lastly , Rehoboam raised all the strength of Iudah and Benjamin , to bring the Kingdom again unto him (x) . Further you write , that ten Tribes refused to admit Rehoboam ; but the Scripture saith , that they rebelled (y) . What ? did God only allow hereof after it was done ? did he only permit the people to do it ? The Scripture testifieth , that it was his Decree , that it was his Deed , and that he declared his Will by Ahijah the Prophet (z) , during the life of Solomon , and for his sins . But these special Warrants do not constitute a Law ; they serve onely to make good the particular actions for which they are directed , and not to justifie another the like . Lastly , St. Paul saith , that all things hapned to the Jews in figure ; upon which place divers Expositors have noted , that the State of the Jews was a figure of the Church of Christ : but that it was an example and patern of all other States that should ensue , it shall be ranged among your cast conceits . I refer me now to the judgment of any man , who taketh not pleasure to beguile himself , whether you do not by art and trumpery manifestly abuse us ; partly by incapacity , and partly by deceit , either corrupting or confounding whatsoever you take in hand . Your humour both discontented and unquiet , hath armed your mind with bloudy desires ; which have edged you on to put fewel to those flames , which you should endeavour to quench , though it were with your bloud . I will not stand upon the particular Examples of Spain , as well for that the matter is both tedious and to little purpose ; as also for that we have small conformity with the Customs of that Nation . Onely thus much in general : We acknowledge that in ancient times the Kingdom of Spain was Elective , and therefore your Examples drawn from thence are nothing pertinent . The Examples of latter times are both few and unjust , carried onely by Faction and by Force ; as Garabay * testifieth of your Example of Aurelio ; and as by the Example of D. Sancho el Bravo I have declared before (a) . But you account Faction to be the Commonwealth , and Violence Justice , when it may make to the furtherance of your affairs . The History of D. Berenguela I will briefly report , rather for the respect which guided the Castilians , than that I allow it for Right which they did . Henry had two Sisters : Donna Blanch the eldest , married to Lewes the eighth King of France ; and Berenguela the youngest , married to Alphonso King of Leon. Henry dying without Issue , the Castilians feared if they should submit themselves unto Blanch , that their State being less than the State of France , would be made a Member thereof , and governed as a Province , and not as a Kingdom . And therefore they did rather chuse to profess Allegiance to the Lady Berenguela ; by which means the Kingdom of Leon was afterwards annexed unto Castile , to the great increase both of dignity and assurance to them both . I have followed herein your own Authors , not being ignorant that others of better name do write , that Berenguela was the eldest Sister , as I shall have occasion hereafter to declare : but for the present , let it be as you please ; and let us weigh our own wisdoms , not onely in straining , but in forging Titles , to incur those mischiefs which the Castilians rejected a lawful Title to avoid . And this was also one of the Motives of the Revolt of Portugal , which is your last Example ; although it had also ( as Garabay (b) writeth ) a concurrence of Right . For Ferdinand King of Portugal , by his Procurators the Bishop of Ebora and others , did both contract and solemnize espousals with Elianor , Daughter of Peter King of Aragon . But being entred into War with Henry King of Castile , and finding himself at some disadvantage , he forsook the King of Aragons Daughter , and contracted himself to Elianor , Daughter to the King of Castile , upon very beneficial Conditions for his State. Afterward , falling into fancy with one of his Subjects , named Elianor Telles de Meneses , Wife to a Nobleman called Lorenzo Vasques de Aounna , he took her as his Wife , and enforced her Husband to avoid the Realm ; and had by her one onely Daughter named Beatrix , who was joyned in marriage to Iohn King of Castile . After the death of the King of Portugal her Father , the King of Castile in the right of his Wife , laid claim to that Realm , and was accordingly acknowledged by the chief of the Nobility and Prelates ; and in particular , by D. Iohn Master of Avis , her Fathers base Brother , who was then the most forward man in her favour . But afterwards falling into quarrel , and having slain the Count de Oren , he stirred the people against the Queen , and compelled her to quit the City . And after divers Outrages and Murthers committed upon the Bishop of Lisbon , an Abbess , and many others , he was first made Governour of Portugal ; and then proceeding further , in an Assembly of his Party gathered at Coimbra , he was made King. Garabay writeth (c) that the chiefest objection against Beatrix was , because her Mother was not King Ferdinand 's lawful Wife . And I believe you also , that they had a reflex not to lose the dignity of their Kingdom ( as now they have done ) and be made subject to the cruel both Avarice and Ambition of a more potent State. An Answer to the eighth Chapter , which is entituled , Of divers other examples out of the States of France and England , for proof , that the next in Blood are sometimes put back from Succession , and how God hath approved the same with good Success . YOur Examples of France ( to which Nation we are more near both in situation and Laws ) I will run over with a swift course . Of the Change which twice hath hapned in the whole Race of the Kings of France , I have spoken before : d You seem also either to threaten or presage the third Change , from the King who now reigneth , and other Princes of the House of Bourbon . It was your desire , you applyed your endeavour , with all the power and perswasions you could make . You knit divers of the Nobility in a treacherous League against him ; you incensed the People ; you drew in Forreign Forces to their assistance : by which means , the Realm fell daily into change of distresse , the men of Arms making all things lawful to their Lust. The Good did fear , the Evil expect ; no place was free , either from the rage or suspition of Tumult ; few to be trusted , none assured , all things in commixtion ; the Wisest too weak , the Strongest too simple , to avoid the Storm which brake upon them : the People Joyning to their miserable Condition many Complaints , That they had been abused by you , in whose Directions they found nothing but Obstinacie and Rashness , two dangerous Humours to lead a great Enterprise . At the last , when lamentable Experience had made that known unto them , which they had no Capacity by reason to foresee , they expelled as well your Company as Counsel out of the Realm ; and so the Firebrands which you had kindled , were broken upon your own Heads ; having opportunity by your just banishment to take into Consideration both the Weakness and Wrong of your Advice . The partition of the Realm of France betwen Charles the Great and Charloman his younger Brother , and also the uniting thereof again in Charles , after the death of Charloman , depended upon the disposition of Pepin their Father , and not upon the Election of the People . Girard saith , that e Pepin having disposed all things in his new Realm which he thought necessary for the surety thereof , he disposed his Estate ; leaving the Realm of Noion to his Son Charles ; and to Charloman his other Son , that of Soisons , & that by the death of Carloman , both his Place and his Power did accrue unto Charles . In this manner , the first of a family , who hath attained a Kingdom , hath ordinarily directed the Succession thereof . The Contention between Lewis le Debonaire and his sonnes , according to your own Author Girard , f proceeded and succeeded after this manner . Certain Lords of France taking discontentment at the immoderate favours , which the king shewed toward Berard his great Chamberlain , conspired against him ; and for their greater both countenance and strength , drew his owne sonnes to be of their faction . But Lewis brake this broile , more by foresight than by force ; and doing execution upon the principal offenders , pardoned his Sons . Yet they , interpreting this lenity to slackness of courage , rebelled again , gathered a greater strength , & drew Pope Gregory the fourth to be accomplice of their unnatural impietie : whereby it appeareth ( saith Girard ) that they are either foolish or mischievous , who will affirm , that every thing is good which the Popes have done . Afterward they took their Father , under colour of good faith , and sent him prisoner to Tortone , and then at Compeigne assembled a Parliament , composed of their own confederates , wherein they made him a Monk , and brought his estate into division and share . It is easie to conjecture ( saith the same Girard ) what miserable conditions the Realm then endured ; all Laws were subverted , all things exposed to the rage of the Sword , the whole Realm in combustion , and the people extreamely discontented at this barbarous impiety . In the end Lewes , by the aid of his faithful servants was taken out of prison , and restored to his Kingdom ; and his Sons acknowledging their fault , were received by him both to pardon and favour . His son Pepin being dead , he divided his Realm among his other three Sons , Charles , Lewes , and Lothaire ; but Lewes rebelled again , and was again received to mercie : lastly , he stirred a great part of Germanie to revolt , with grief whereof the good old man his Father died . After his death , Lewes and Lothaire , upon disdain at the great portion which their Father had assigned to their brother Charles , raised war against him . The Battel was given , wherein Charles ramained victorious , reducing them both under such conditions , as he thought convenient to impose . Lo● here one of your plain and evident examples , which is so free from all exception . But mindes corruptly inclined , hold nothing unlawful , nothing unreasonable , which agreeth with their passion . Loys le Begue , succeded after Charles , not as you affirm , by authoritie of the states , but ( as in France at that time it was not unusuall ) by appointment of his Father . And wheras you write , that Loys at his first entrance had like to have bin deprived by the states , but that calling a Parlament , he made them many fair promises to have their good will ; it is a very idle untruth , as appeareth by the Author whom you avouch . At his death , he left his wife great with child , who afterward was called Charles the simple . But before he had accomplished the age of 12 years , there stept up in his place , first Loys and Carloman his bastard brothers ; then Charles surnamed le Gros ; and after him Odo Earle of Paris . Then Charles the right heir attained the Crown ; and then again were raised against him , first Robert , Earle of Angiers ; and afterward Ralph king of Burgundie . But where you attribute these mutations to the authoritie of the states , Girard saith , that they where by faction and usurpation of such , who from the weakness of their Prince , did make advantage to their own ambition ; affirming plainly , that between the death of Loys le Begue , and Charles the simple , not one of them who held the crown of the Realm was lawfull king g , noting further , that the first two races of Kings , were full of cruel parricides & murthers ; and that in those times the Realm was often travelled with tempests of sedition . Of the usurpation of Hugh Capet I have spoken before : Girard writeth , h that although he sought many shadows of right , yet his best title was by force , which is the common right of first usurpers . And whereas you write , that Henry the first was preferred to the crown of France before Robert his helder brother : First , it was not by appointment of the states , but of their father ; Secondly , Girard maketh the matter doubtfull , affirming , that some said he was the younger brother ; Lastly , it set up a dangerous and doubtfull war between them . Further , where you write , that William being a bastard , succeded Robert his Father in the Duchie of Normandie , notwithstanding the said Robert left two brothers in life , it was at that time a custom in France , that bastards did succeed , even as lawfull children . Thierry bastard of Clovis , had for his partage the kingdome of Austrasie , now called Lorraine . Sigisbert bastard of King Dagobert the first , parted with Clovis the twelfth , his lawfull brother . Loys and Carloman bastards of King Loys le Begue , reigned after their Father . But in the third race of the kings of France , a law was made , that bastards should not succed in the Crown ; and yet other bastards of great houses were still advowed , the French being then of the same opinion with Peleus in Euripides . k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Oftentimes many Bastards excell those that are lawfully Born : which is verified by Hercules , Alexander the Great , Romulus , Timotheus , Themistocles , Homer , Demosthenes , Brutus , Bion , Bartolus , Gratian , Peter Lombard , Peter Comestor , Io. Andreas , and divers other of most Flourishing name . Your examples of Lewes the 6. and Lewes the 11. are not worth a word in answer . In the beginning of their reign , you affirm that they had like to have been dis-inherited by the State , for the offences of their Father . You bear a minde charged with thoughts Vain , Busie , and Bold , without any restraint either of Honesty or of Discretion . For how else could you here also affirm , that King Henry the third of England , was condemned by his Barons to be disinherited , for the fault of his Father ? It is usual with you in all your reports , either plainly to break beyond the bounds of all truth , or grossely , ( for I cannot now say artificially ) to disguise it , with many false and deceiveable terms . But to conclude for the state of France , which is also to exclude whatsoever you have said ; under the Reign of Charles the fift , l for the better establishment , of this right , and for cutting off those calamities which accompany usurpation , there was a Law made , that after the death of any King , the eldest Son should incontinently succeed . We are now come to our English examples , of which you might have omitted those of the Saxon Kings ; as well for that there could be no setled form of Government in those Tumultuous times , as also for that our Histories of that Age are very imperfect , not leading us in the Circumstances , either of the manner or occasion of particular actions : they declare in Gross what things were done , without further opening , either how or wherefore . But both these do make for your advantage : for who seeth not , that your examples are chiefly bred in Tempestuous times ; and the obscuritie of Histories will serve for a shadow to darken your deceit . Well , let us take both the Times and Histories as they are . How will you maintain that Egbert was not next Successor to Briticus by propinquitie of Blood ? Briticus left no Children , and Egbert was descended of the Blood Royal , as Polydore affirmeth ; m William Malmesbury n saith , that he was ●he only Man alive of the Royal Blood , be●ng descended of Inegild , the Brother of King Ina. How then is it true which you say , that Briticus was the last of the royal Descent ; and if it had been so indeed , the right of Election should then have been in the State. And thus you Stumble at every step , you entangle your self without Truth or End. You snatch at the words of Polydore , where he saith ; He is created King by consent of all : which do imply no other sense , but that which a little after he saith ; That he was saluted King by all . So we finde also , that the like Improper speech was used at the Coronation of Philip the Second , King of France , whereby the Archbishop of Reimes did Challenge power in the right of his See , to make Election of the King. That Adelstane was illegitimate , you follow Polydore , a Man of no great either Industry or Judgement . William Malmesbury o accounted Egwina the Mother of Adelstane , to be the first Wife of King Edward his Father : he termeth her also a noble Woman , contrary to that which Polydore fableth . Henry Huntington , Roger Hoveden and others , write no otherwise of him , but as of one that was lawfully Born. And in that you english these words of Polydore , Rex dicitur ; Rex a populo salutatur ; He was made King by the People : In that you affirm also , that for the opinion of his valour he was preferred before his Brethren which were lawfully born , whom you acknowledge to be Men of most Excellent both Expectation and proof ; you do plainly shew , that use hath made you too open in straining of truth . Eldred did first take upon him but as Protector , because of the minoritie of the sonnes of Edmund his elder brother ; and afterward entred into full possession of the Crown . But that his Nephewes were put back by the Realm , it is your own idle invention ; it was no more the act of the realme , than was the usurpation of King Richard the third . That Edwin was deposed from his estate , it is inexcusably untrue . Polydore p writeth , that the Northumbrians and Mercians not fully setled in subjection , made a revolt . Malmesburie q saith , that he was maimed of a great part of his kingdome , by the stroke of which injurie he ended his life . And whereas you write in commendation of Kind Edgar his next successor , that he kept a Navie of 6600 shippes for defence of the Realme , you discover your defective judgement in embracing such reports for true . In that you say , that many good men of the Realm were of opinion , not to admit the succession of Etheldred after the death of his brother , I dare confidently affirm , that you do not only tell , but make an untruth ; having no author either to excuse or countenance the same . In that you write also , that between the death of Edmund Ironside , and the reigne of William Conquerour , it did plainly appear what interest the Common-wealth hath to alter titles of succession ; it doth plainly appear , that both you reason and your conscience is become slavish to your violent desire . For what either libertie or power had the Common-wealth under the barbarous rage and oppression of the Danes ? when Canutus had spread the wings of his fortune over the whole Realm , none having either heart or power to oppose against him , what choice was then left unto the people ? what room for right ? what man not banished from sobrietie of sense would ever have said , that he was admitted king by the whole Parliament and consent of the Realme ? It is true , that after he had both violently and unjustly obtained full possession of the Realme , slain the brother of Edmund Ironside , and conveyed his Children into Sueden , he assembled the Nobilitie , and caused himself to be crowned king : but neither the form nor name of a Parliament was then known in England ; and if coronation were sufficient to make a title , no king should be accounted to usurp . Of Harold the first , the natural Son of Canutus , our Histories doe verie differently repor● . Saxo Grammaticus writeth , that he was never king , but that he died before his Father . Henry of Huntington reporteth that he was appointed but as Regent for his brother Hardicanutus . Others write , that apprehending the opportunitie of his Brothers absence , he invaded Northumberland and Mercia , by force of the Danes who were in England , whereupon the Realm was divided , one partholding for Harold , and another for Hardicanutus , who was in Denmark . But because he delayed to come into England , they all fell , rather not to deny then to acknowledge Harold for their king . Take now which of these reports you please , for all do serve to your purpose alike . Hardicanutus after the death of Harold , came out of Denmark into England : and the people having their courages broken with bondage , were easie to entertain the strongest pretender . But after his death , divers of the Nobility , especially Godwin Earl of Kent , rising into hope to shake off their shoulders the importable yoke of the Danes , advanced Edward the Son of Etheldred to the Crown , as being the next of the Race of the Saxon Kings , though not in blood , yet at hand ; for Edward the Outlaw his elder Brother , was then in Hungary : and fear being the only knot that had fastened the people to the Danish Kings , that once united , they all scattered from them , like so many birds whose Cage had been broken . Edward being dead , Harold the Son of Godwine usurped the Kingdom : for as Malmesbury saith ; r By extorted faith from the nobility he fastned upon the Crown a forceable gripe : Henry Huntington also , and out of him Polydore do write , that upon confidence of his power he invaded the Crown which usurpation gave both encouragement and successe to the Enterprise of the Normans . This short passage of History you do defile with so many untruths , that it seemeth you have as natural a gift to falsifie , as to eat , drink , or sleep . But where you write that William the Conqueror formed any title by consent of the Realm , you grow into the degree of ridiculous . We find that he pretended the Institution of King Edward , which had neither probability nor force ; and that he was nearer to him in blood , than Harold the Usurper : but that he ever pretended the Election of the People , it is your own clouted conceit . For when he had routed the English Army in the field , when he had sacked their Towns , harrassed their Villages , slain much people , and bent his Sword against the breasts of the rest , what free Election could they then make ? Your self acknowledge also in another place , t that he came to the Crown by dint of Sword ; and at his death his own conscience constrained him to confesse , that he took it without right u . And in that the Pope and the French King favoured his enterprise , it is not material , this is not the first injustice which they have assisted . Neither was it the Popes hallowed Banner ( as you affirm ) but the Bow and the Arrow , the only weapon of advantage long time after to this Nation , whereby he did obtain the Victory . One help he had also within the Realm , for that King Edward had advanced divers Normans , to high place both of Dignity and Charge ; who gave unto him much secret both incouragement and assistance in his Attempt . And thus in all these turbulent times , you are so far from finding five or six , that you are short of any one , who was made King by free Authority of the People . King William Rufus made no other Title to the Crown , but the Testament of his Father : For often use hath confirmed it for Law , that a Victor may freely dispose of the Succession of that State , which he hath obtained by the purchase of his Sword. * The Conqueror disinherited his Eldest Son , Robert , for that joining with Philip King of France , he invaded , wasted and spoiled Normandy , and joyned in open battel against his Father , wherein the Father was unhorsed and wounded , and brought to a desperate distress of his Life . Hereupon he cast forth a cruel Curse against his Son , which he could never be intreated to revoke : in so much that upon his death-bed he said of him w , that it was a miserable Countrey which should be subject to his Dominion , for that he was a proud and foolish Knave , and to be long scourged with cruel Fortune . And whereas you write that at the time of his Fathers death he was absent in the war of Ierusalem , it is a very negligent untruth . But it is an idle untruth that you write , that Henry the first had no other Title to the Crown , but the Election of the People . He never was Elected by the People ; he never pretended any such Title . Nubrigensis , x and after him Polydore y do report , that he laid his Title , because he was born after his Father was King. Malmesbury z saith ; Henry , the youngest Sons of William the Great , being an Infant , according to the desires and wishes of all men was excellently brought up * because he alone , of all the Sons of William , was Princely born , and the Kingdom seemed to appertain unto him . He was born in England in the third year after his Father entred into it . And this was the like Controversie to that which Herodotus a reporteth , to have happened between the Sons of Darius , the Son of Hystaspis , King of Persia , when he prepared an expedition against the Grecians and Aegyptians : because by the Laws of Persia , the King might not enter into enterprise of Arms , before he had declared his Successor . Darius had three Children before he was King , by his first Wife , the Daughter of Gobris ; and after he attained the Kingdom , he had other four by Anrosa , the Daughter of Cyrus . Artabazanes was eldest of the first sort , Xerxes of the second . Artabazanes alledged , that he was eldest of all the Kings children ; and that it was the Custom amongst all men , that the eldest should enjoy the Principality . Xerxes alledged , that he was begotten of Atossa , the daughter of that King , by whose puissance the Persians had gained , not onely Liberty , but also Power . Before Darius had given sentence , Demaratus the son of Aristo , cast out of his Kingdom of Sparta , came unto Xerxes , and advised him to alledge further , that he was the eldest son of Darius after he was king : and that it was the Custom of Sparta , that if any man had Children in private estate , and afterward another son when he was King , this last son should be his Successor : upon which ground Darius pronounced in the bealf of Xerxes . The same History is reported by Iustine b , and touched also by Plutarch c , although they differ , both from Herodotus , and one from the other in some points of circumstances . Hereto also agreeth that which Iosephus writeth d , in reprehending King Herod , for excluding Alexander and Aristobulus his Sons , and appointing Antipater , born to him in private estate , to succeed in his Kingdom . Many great Lawyers have subscribed their opinions to this kind of title ; and namely Pet. Cynus , Baldus , Albericus , Raph. Fulgosius e , Rebuffus f ; and Anto. Corsetta ▪ g delivereth it for a common opinion . But with this exception , if the kingdom be acquired by any other title then by succession , according to proximity in blood : for in this case , because the dignity is inherent in the stock , the eldest Son shall succeed , although he were born before his father was King h . And therefore Plutarch writeth i that after the kingdom of Persia was setled in succession , when Darius the King had four Sons , Artaxerxes the Eldest , Cyrus the next , and two other ; Parysatis his wife having a desire that Cyrus should succeed in the kingdom , pressed in his behalf the same reason wherewith Xerxes had prevailed before : affirming , that she had brought forth Artaxerxes to Darius , when he was a private man ; but Cyrus , when he was a king . Yet Plutarch writeth , that the reason which she used was nothing probable ; and that the eldest was designed to be King. Howsoever the right stood between Robert Duke of Normandie , and his younger brothers , the fact did not stand either with the quiet or safetie of the Realm . For , during the reigne of William Rufus , it was often infested upon this quarrel , both with foreign arms and civil seditions ; which possessed all places with disorder , and many also with fire , rapine and bloud , the principal effects of a licentious war. These mischiefs not onely continued but encreased in the reigne of King Henry , untill Robert the eldest brother was taken prisoner in the field , which put a period to all his attempts . So dangerous it is upon any pretence to put by the next in Succession to the Crown . This Henry the first left but one Daughter , and by her a young Son named Henry , to whom he appointed the Succession of the Realm : and took an Oath of all the Bishops , and likewise of the Nobility , to remain faithful unto them after his decease . Yet you write , that because Stephen , Son of Adela , Sister to King Henry , was thought by the States more fit to govern , he was by them admitted to the Crown In which assertion , you cannot be deceived , you do not err ; but your passion doth pull you from your own Knowledge and Judgement . Polydore k writeth , that he possessed the Kingdom contrary to his Oath , for which cause the minds of all men were exceedingly moved : some did abhor and detest the impiety ; others , and those very few , unmindfull of Perjury , did more boldly then honestly allow it , and followed his part . Further he saith , l that he was crowned at Westminster , in an assembly of those Noble Men who were his Friends . Nubrigensis affirmeth , that m violating his Oath he invaded the Kingdom . William Malmesbury , who lived in King Stephen's time , saith n ; that he was the first of all Lay-men , next the King of Scots , who had made Oath to the Empresse Maud ; and that he was Crowned , o three Bishops being present ( of whom one was his Brother ) no Abbot , and a very few of the Nobility . Henry Huntington , who lived also in the same time , saith p ; that by force and impudence , tempting God , he invaded the Crown . Afterward he reporteth q , that being desirous to have his Son Eustace Crowned King with him , the Bishops withstood it , upon Commandement from the Pope , because he took upon him the Kingdom against his Oath r . Roger Hoveden writeth s , that he invaded the Crown in manner of a tempest . This is the report of those Writers who came nearest , both to the time and truth of this action : whom other Authors do likewise follow . Polydore t , and after him Hollingshead u , do write , that he took upon him the Crown , partly upon confidence in the power of Theobald his Brother , Earl of Blois ; and partly by the aid of Henry his other Brother , Bishop of Winchester . Walsingham adaddeth w , that Hugh Bigot , who had been King Henries Steward , took an Oath before the Archbishop of Canterbury , that King Henry at his death appointed Stephen to be his Successour . Whereupon the Archbishop and a few others were over-lightly led , like men blinded with security , and of little foresight : never considering of dangers , until the means of remedy were past . You write , that they thought they might have done this with a good conscience , for the good of the Realm . But what good conscience could they have , in defiling their faith ? Such consciences you endeavour to frame in all men , to break an oath with as great facility , as a Squirrell can crack a Nut. What good also did ensue unto the Realm ? The Nobility were set into factions ; the common people into division and disorder : and as in Wars , where discipline is at large , there insolencies are infinite ; so in this confusion of the State , there was no action which tended not to the ruin thereof ; the Lives and Goods of Men remaining in continual pillage . Polydore saith : * Matrons were violated , Virgins ravished , Churches spoiled , Towns and Villages rased , much Cattle destroyed , innumerable Men slain . Into this miserable face of extremities the Realm did fall ; and into the same again you strive to reduce it . But you say , that for the ending of these Mischiefs , the States in a Parliament at Wallingford made an Agreement , that Stephen should be King during his life , and that Henry and his Off-spring should succeed after his death . A man would think you had a mint of Fables ; there is no History which you handle , but you defile it with apish untruths . All our Histories agree , that King Stephen , unable to range things into better form , did adopt Henry to be his Successor . The second Huntington saith , * that this agreement was mediated , by the Archbishop of Canterbury , and the Bishop of Winchester , who repented him of the furtherance he gave to the advancement of King Stephen , when he saw what Miseries did thereupon ensue . The like doth Hoveden report * : and Holingshead * setteth down the form of the Charter of agreement between them ; whereby it is evident , that it was a transaction between them two , and no compulsory act or authority of the State. I deny not but some Authors affirm , that the King assembled the Nobility , but neither were they the States of the Realm , neither were they assembled to any other end , but to swear Fealty unto Henry , saving the King's Honour so long as he should live . After the death of King Richard the first , you affirm that the Succession was again broken ; for that Iohn , Brother to King Richard , was admitted by the States , and Arthur Duke of Britain , Son to Geoffry , Elder brother unto Iohn , was against the ordinary course of Succession excluded . Well , Sir , I arrest your word ; remember this I pray you , for I will put you in mind thereof in another place . That which here you affirm to be against the ordinary course of Succession , you bring in another place for proof , that the Uncle hath right before the Nephew . You do wildy waver in variety of Opinion , speaking flat contrary , according as the Ague of your passion is either in fit or intermission . The History of King Iohn standeth thus . King Richard the first dying without issue , left behind him a Brother named Iohn , and a Nepew called Arthur , Son of Geoffry , who was Elder Brother unto Iohn . This Arthur was appointed by King Richard to succeed in his Estate , as Polydore writeth * . Nubrigensis saith , that he should have been established by consent of the Nobility , if the Britains had not been so foolishly either suspicious or fond , that when King Richard sent for him , they refused to commit him into his Uncles hands . But after the death of King Richard , his Brother Iohn seized upon his Treasure in Normandy , came over into England , and in an Assembly only of the Nobility , was crowned King. Of these , many he won , with such liberal Protestations and Promises , as men careless of their word are wont to bestow ; others were abused by the persuasions of Hubert Archbishop of Canterbury , and a few others ( saith Polydore a ) not well advised . Nic. Trivet saith b , that Iohn pretended for his Title , not the election of the People , but propinquity of Blood c , and the testament of King Richard. The same also is affirmed by Walsingham d . And this is the Question between the Uncle and the Nephew , of which I shall have occasion to speak hereafter . But Polydore saith f , That divers Noble-men did account this to be a fraudulent Injustice , and thereupon did ominate those Evils which afterward did ensue . And when the Archbishop was charged , That under colour of Reason , partly subborned , and partly weak , he had beene the occasion of all those Mischiefs , Polydore g saith , That he was both grieved and ashamed at nothing more ; Rog. Wenden affirmeth , That he excused himselfe , that he did it upon Oracles , and by the gift of Prophesie . King Iohn having locked himself into the Saddle of state , made one wrong which he had done , to be the cause of a greater wrong ; by murthering his Nephew , Arthur , Duke of Britan , whose inheritance he did unjustly usurp . For this fact the French King deprived him of all the Lands which he held in Fee of the Crown of France , and prosecuted the Sentence to effect . After this , as men are easily imboldened against an Usurper , when once he declineth either in Reputation or in State , divers of the Nobility , especially they of the North , confederated against him : but being neither able to endure his war , nor willing to repose trust in his peace , they contracted with Lewes the French Kings son , to take upon him to be their King. And so it often happeneth in civil contentions , that they who are weakest , do run with a naturall rashnesse to call in a third . Lewes being arrived upon the coast of Kent , the Nobilitie of that faction h , came and sware allegiance unto him . The Londoners also , many upon an ordinary desire to have new Kings , others for fear , and some for company , joyned to the revolt . Hereof a lamentable presence of all miseries did arise , whereby as well the Liberty as the Dignity of the Realm , were brought to a near and narrow jump . The poor people , naked both of help and hope , stood at the curtesie and pleasure of the men of arms ; the liberty of war making all things lawfull to the fury of the strongest . The Nobility , feeling much , and fearing more the insolency of the French Nation , who ( as Vicount Melin a Nobleman of France confessed at his death ) had sworn the extirpation of all the Noble Bloud in the Realm , began to devise how they might returne into the allegiance of King Iohn : in so much as a little before his death , Letters were brought unto him from certain of his Barons , to the number of forty , who desire to be received again into his peace . But after his death , which happily did happen within five moneths after the arrivall of the French , both their hatred and their feare being at an end , they were all as ready to cast out Lewes , as they had been rash to call him in . This History you corrupt with verie many odious untruths , which are more harsh to a well-tuned ear , then the crashing of teeth , or the grating of copper . As namely , in affirming , that Arthur was excluded , and Iohn crowned King by the States of the Realm ; that God did more defend this act of the Common-wealth , then the just Title of Arthur ; that by the same States King Iohn was rejected , Prince Henry his son deprived , and Lewes of France chosen to be King ; that the same States recalled their sentence against Prince Henry , disannulling their Oath and Allegiance made unto Lewes . A shameless tongue , governed by a deceitful mind , can easily call Faction , the Common-wealth ; Rebellion , a just and judicial Proceeding ; open and often Perjury , an orderly revoking of a Sentence ; Gods secret Judgment in permitting Injustice to prevail , a plain defence and allowance thereof . Of the division of the Houses of Lancaster and York , it is but little that you write , whereto I have fully answered before : you do wisely to give a light touch to this Example , it is so hot that it will scald your throat . King Henry the fourth , more carried by cursed ambition , then either by necessity or right , laid an unjust gripe upon the Realm , which afterward he did beautifie with the counterfeit Titles of Conquest and Election . So violent are the desires of Princes to imbrace streined Titles , by which they may disturb the States of other ; not remembring , that Right may be trodden down , but not trodden out ; having her secret both means to support , and seasons to revive her . For although the lawful Successor did warily strike sail to the Tempest , because neither the time running , nor the Opportunity present ( which are the Guiders of Actions ) did consent as then to enter into enterprise ; yet so soon as one hair of occasion was offered , his progeny did set up a most doubtful war , wherein thirteen Battels were executed by English-men only , and above fourescore Princes of the Royal Blood slain . Lo now the smiling success of these usurpations ; lo what a dear purchase of repentance they did cause ! Were it not that passion doth blind men , not only in desire but in hope , they might suffice to make us advised , to keep rather the known and beaten way with safety , then upon every giddy and brainless warrant to engulph our selves in those Passages wherein so many have peristed before us . It belongeth to wise men to avoid mischiefs ; and it is the reward of fools to lament them . Go too then ; conclude if you please , that the people are not bound to admit him to the Crown , who is the next Successor by propinquity of blood ; but rather to weigh , whether it is like that he will perform his charge , or no. Conclude this ( I say ) to be your Opinion ; and that it seemeth to you to be conform to all Reason , Law , Religion , Piety , Wisdom , and Policy , and to the Custom of all Common-wealths in the World : and I will assuredly conclude against you , that you prate without either warrant or weight . An Answer to the Ninth Chapter , which beareth this Title : What are the Principal Points which a Commonwealth ought to respect , in Admitting or Excluding any Prince ; wherein is handled largely also , of the Diversity of Religions , and other such Causes . IN this Passage you handle what Cause is sufficient either to keep in , or to cast out of State the next in Blood. In which Question you determine , That God doth allow for a just and sufficient Cause , the Will and Judgment of the People . Your Reason is , For that they are Judge of the Thing it self , and therefore they are the Judge also of the Cause . Your Antecedent you prove , first , For that it is in their own Affair : secondly , For that it is in a Matter that hath its whole Beginning , Continuance , and Substance from them alone . Your Consequence you prove by a whole lump of Law , in alledging the entire Body of the Civil and Canon Law , assisted also with great Reason . Diogenes said of a certain Tumbler , That he never saw Man take more pains to break his Neck . In like sort we may say of you , It is hard to find a Man that hath more busied his Wits to overthrow the Opinion of his Wisdom . For , the first Proof of your Antecedent is not onely of no force for you , but strong against you ; because no Man is a competent Judge in his own Cause ; no Man can be both Party and Judge : Whereto I will add , That no Inferiour hath Jurisdiction over the Superiour , much less the Subject against the Sovereign . Your second Proof , That all the Power of a King hath dependency upon the People , I have sufficiently encountred before * . And if your Consequence were true , That whosoever is Judge of a thing , is Judge also without controllment of the Cause ; if this were as agreeable to all Laws as you seem to believe , then were all Judgments arbitrary ; then could no Appeal be interposed , for giving Sentence without just Cause ; then were it false which Panormitan writeth * , that a false Cause expressed in a Sentence maketh it void . What shall I say ? What do you think ? Do you think that these fat Drops of a greasie Brain can bring the Tenure of a Crown to the Will of the People ? What are you , who endeavour thus boldly to abuse both our Judgment and Conscience ? Are you Religious ? Are you of Civil either Nature or Education , who under the name of Civilian do open the way to all manner of Deceits , Perjuries , Tumults , and Treasons ? What are you ? For you shew your self more prophane than Infidels ; more barbarous than Canibals , Tartarians , Moors , and Mammelucks ; who though they please themselves in nothing more than Hatred and Contempt , yet do they both love and honour their Kings . I see what you are , the very true Follower of the Anabaptists in Germany , who openly professed , That they must ruinate the State of Kings . And who can assure us ( for your corrupt Dealings make all Suspicions credible ) that you do not also follow them both in Desire and Hope , to embrace the Monarchy of the whole World ? The difference between you is this : They pretended Revelation for then Warrant ; you work by deceitful shew of Reason by falsly either alledging , or wresting , or corrupting both Humane and Divine Authority . In what miserable condition should Princes live , if their State depended upon the Pleasure of the People , in whom Company taketh away Shame , and every Man may lay the Fault on his Fellow ? How could they command ? Who would obey ? What could they safely either do or omit ? Who knows a People , that knoweth not , that sudden Opinion maketh them hope ; which if it be not presently answered , they fall into Hate , chusing and refusing , erecting and overthrowing , as every Wind of Passion doth puff ? What steddiness in their Will or Desire , which having so many Circles of Imagination , can never be enclosed in one Point ? And whereas you write , That God always approveth the Will and Judgment of the People , as being properly the Judge of the whole Business ; and that every particular Man must simply submit himself thereunto , without further inquisition , although at divers times they determine Contraries , ( as they did between the Houses of Lancaster and York ) because we must presume they were led by different Respects . You seem not obscurely to erect thereby another privileged Power upon Earth , which cannot err , which doth not deceive . But it may be some honest-minded Man will say , That howsoever you write , your meaning was otherwise : You write also afterward , That in two Cases every Private Man is bound to resist the Judgment of the whole People , to the uttermost extent of his Ability . Well then , let us take you for a Man whose Sayings disagree , both from your Meaning , and between themselves ▪ let us consider what are your two Exceptions . The first is , when the Matter is carried not by way of orderly Judgment , but by particular Faction of Private Men , who will make offer to determine the Cause , without Authority of the Realm committed unto them . But this Exception is so large , that it devoureth the whole Rule : for in Actions of this quality , the Original is always by Faction ; the Accomplishment by Force , or at least by Fear , howsoever they are sometimes countenanced with Authority of the State. So Sylla , having brought his Legions within the Walls of Rome , obtained the Law Valeria to be published , whereby he was created Dictator for twenty four Years ; by means of which Force , Cicero affirmeth * that it was no Law. Likewise Lawrence Medices , having an Army within Florence , caused , or rather constrained the Citizens to elect him Duke . When Henry the Fourth was chosen King , he held Forty thousand Men in Arms. And this is most evident by your own Example , of four contrary Acts of Parliament , which at divers times were made , during the Contention between the Families of Lancaster and York , not upon different Reasons , as with little reason you affirm , but upon different Success of either Side . In Matters of this moment , the orderly Course of Proceeding is onely by Parliament . The Parliament must be summoned by the King 's Writ , and no Act thereof hath Life but by express Consent of the King. If this Form had always been observed , neither our Kings should have been deposed , nor the next Successors excluded , nor the Title of the Crown entangled , to the inestimable both weakning and waste of all the Realm . Your second Exception is , When such a Man is preferred to the Crown , by whom God is manifestly offended , and the Realm prejudiced or endangered : In which Case ( you say ) every Man , with a free and uncontrolled Conscience , may resist what he can . It was even here I looked for you . Your broyling Spirits do nothing else but fling Firebrands , and heap on Wood , to set Kingdoms in Combustion . What Rebellion , what Revolt hath ever been made , but under some of these Pretences ? What Princes Actions , either by malicious or ignorant Interpretation , may not easily be drawn to one of these Heads ? You are a Nursery of War in the Commonwealth , a Seminary of Schism and Division in the Church : In sum , All your Actions , all your Thoughts are barbarous and bloody . You write much of Right and Justice ; but you measure the Right and Justice of a Cause , by the Advantage of your own Affairs . You speak as having a tender sense of the Glory of God ; but you stretch out your Throat with high Words of Contradiction against him . You make shew of Care to preserve the State ; but you are like the Ivy , which seemeth outwardly both to embrace and adorn the Wall , whereinto inwardly it doth both eat and undermine . For , what Means , either more ready or forcible , to overthrow a State , than Faction and intestine Quarrels ? And what other Milk do you yield ? What are your Opinions , what your Exhortations , but either to set or to hold up Sedition and Bloodshed ? St. Paul teacheth us not to resist higher Powers * , although both cruel and prophane ; you teach us to resist them what we can . The Apostle is followed of all the Ancient Fathers of the Church ; you are followed of those onely who follow the Anabaptists . For my part , I had rather err with the Apostle in this Opposition , than hold Truth with you . But I will speak more moderately in a Subject of such a nature : I will not say then , That I had rather err ; but , That I shall less fear to err , in not resisting , with the Apostle , than in resisting , with you . New Counsels are always more plausible than safe . After you have plaid the Suffenus with your self , in setting the Garland upon your own Head , and making your imaginary Audience to applaud your Opinion , as worshipfully wise , you proceed to declare what ought chiefly to be regarded , in furthering or hindering any Prince towards the Crown . Three Points ( you say ) are to be required in every Prince ; Religion , Chivalry , and Justice : And putting aside the two last , as both handled by others , and of least importance , you assume onely to treat of Religion ; wherein either Errour or Want doth bring inestimable Damage to any State. You draw a long Discourse , That the highest End of every Commonwealth is the Service and Worship of God ; and consequently , That the Care of Religion is the principal Charge which pertaineth to a King. And therefore you conclude , That whatsoever Prince doth not assist his Subjects to attain this End , omitteth the chief part of his Charge , and committeth High Treason against his Lord , and is not fit to hold that Dignity , though he perform the other two Parts never so well : And that no Cause can so justly clear the Conscience , whether of the People , or of particular Men , in resisting the Entrance of any Prince , as if they judge him faulty in Religion . This is neither nothing , nor all which you say . In Elective States , the People ought not to admit any Man for King , who is either cold or corrupt in Religion ; but if they have invested such a one with Sovereign Authority , they have no Power at pleasure to remove him . In Successive Kingdoms , wherein the People have no Right of Election , it is not lawful for Private Men , upon this cause , to offer to impeach eith●r the Entrance or Continuance of that King , which the Laws of the State do present unto them ; not onely because it is forbidden of God , ( for that is the least part of your regard ) but because disorderly Disturbance of a setled Form in Government , traineth after it more both Impieties and Dangers , than hath ever ensued the Imperfections of a King. I will come more close to the Point in controversie , and dispel those foggy Reasons which stand between your Eye and the Truth . There are two Principal Parts of the Law of God ; the one Moral , or Natural , which containeth three Points , Sobriety in our selves , Justice towards others , and generally also Reverence and Piety towards God : The other is Supernatural , which containeth the true Faith of the Mysteries of our Salvation , and the special kind of Worship that God doth require . The first God hath delivered by the Ministry of Nature to all Men ; the second he doth partly reveal , and partly inspire to whom he pleases : and therefore although most Nations have in some sort observed the one , yet have they not onely erred , but failed in the other . During the time of the Law , this peculiar Worship of God was appropriate onely to the People of Israel , in a corner Kingdom of the World : The flourishing Empires of the Assyrians , Medes , Persians , Aegyptians , Graecians , Syrians , and Romans , either knew it not , or held it in contempt . The Israelit●s were almost always in subjection under these both Heathen and Tyrannical Governments , and yet God by his Prophets enjoyned them Obedience , affirming , That the Hearts of Kings were in his Hands , and that they were the Officers of his Justice , the Executioners of his Decrees . In the time of Grace , the true Mysteries both of Worship and Belief were imparted also to other Nations ; but the ordinary Means to propagate the same , was neither by Policy , nor by Power . When St. Peter offered provident Counsel ( as he thought ) unto Christ , advising him to have care of himself , and not to go to Hierusalem , where the Iews sought to put him to death , Christ did sharply reprove him for it * : When he did draw his Sword , and therewith also drew Blood in defence of Christ , he heard this Sentence , † They that take the sword shall perish with the sword . Christ armed his Apostles onely with Fiery Tongues * , by force whereof they maintained the Field , against all the Stratagems and Strength in the World : And when Princes did not onely reject but Persecute their Doctrine ; they taught their Subjects obedience unto them r , they did both encounter and overcome them , not by resisting , but by persisting and enduring . This course seemeth strange to the discourse of Reason , to plant Religion under the Obedience of Kings , not only careless thereof , but cruel against it : but when we consider that the Jews did commonly forsake God in prosperity , and seek him in distress ; that the Church of Christ was more pure , more zealous , more entire , I might also say more populous , when she travelled with the Storme in her Face , then when the wind was either prosperous or calme s that as S. Agustine saith●s , Want or weakness of faith is usually Chastised with the Scourges of tribulations ; We may learn thereby no further to examin , but to admire and embrace the unsearchable wisdom and will of God. Seeing therefore that this is appointed the odinary means , both to establish and encrease Religion , may we adventure to exchange it with humane devices ? Is it the Servants duty either to contradict or dispute the Masters commandement ? is there any more ready way to prove an Heretick , then in being a curious questionist with God ? is he bound to yield to any man a reason of his will ? It is more then presumption , it is plain Rebellion to oppose our reason against his order , against his decree . It standeth also upon common Rules : That which is contrary to the nature of a thing doth not help to strengthen , but destroy it : It is foolish to add external stay , to that which is sufficient to support it self . It is senceless to attempt that by force , which no force is able to effect : That which hath a proper Rule , must not be directed by any other . And this was both the Profession and practice of the antient Fathers of the Church , as I have declared before t ; whereto I will here add that which S. Ambrose saith u : Let every man bear it patiently , if it be not extorted from the Emperor , which he would be loath the Emperor should extort from him . And lest they might be interpreted not to mean obedience , as well to succession as to present Power , they alledge that which the Captive Jews of Babylon did write , to the tributary Jews which were at Ierusalem w ; to pray for the life not only of Nebuchodonosor , the King of Babylon , but also of Baltasar his Son , the next Successor to his Estate . But in latter times , Innocentius hath taught , and is also seconded by Castrensis x , that love is a just cause to move armes for matters of Religion ; Under which pretence , divers men have pursued their own private purposes and ends . Guicciardine writeth y , that Firdinand who was called the catholick , did cover all his covetous and ambitious desires , with the honest and holy vail of religion ▪ the like doth Iovius report of Charles V. Emperour . Paulus Emilius x writeth thus of all : every man professeth his war to be holy ; every man termeth his enemies impious , sanctity and piety is every mans mouth , but in advise ; and in action nothing less . The contention is for worldly right , take away that , and you shall find no cause of war. Now they pretend piety to every mischief : the name of holy warfare , ( most miserable ) is applied unto arms . Hereupon such cruel calamities have ensued in most parts of Europe , and especially in Germany and France , with so little furtherance to that cause , for whose supportance force was offered , that all the chief Writers of our Age are now reduced to the former opinion ; affirming with Arnobius a , that Religion is of power sufficient for it self : with Tertulian also b , Lactantius c , Cassiodorus d , Iosephus e , S. Barnard f , and others , that it must be perswaded and not enforced . They of your Society , as they took their original from a Souldier , so they are the only Atheologians whose heads entertain no other Object but the Tumult of Realms ; whose Doctrine is nothing but confusion and blood-shed ; whose Perswasions were never followed , but they have made way for all miseries and mischiefs to range in , to come forward , to thrive , to prevail . You have always bin like a winter Sun , strong enough to raise Vapours , but unable to dispel them . For most cowardly Companions may set up strife ; but it is maintained with the hazzard , and ended with the ruine , always of the worthiest , and sometimes of all . The sum is this . So long as we express pure piety , both in our Doctrine and in our doings , all will go well : but when we make a mixture of divine and humane both Wisedom and Power ; when we preach policy ; when we make a common trade of Treason ; when we put no difference between Conscience and Conceit ; we must needs overthrow either Religion or our selves . Now I will answer the Reasons of your Assertion . First you say , That if Princes do not assist their Subjects in the honour and service of God in this life , God should draw no other fruit or commodity from humane Societies , then of an Assembly of brutish Creatures . But this Reason is not only weak , as it may appear by that which hath been said , but also brutish , and ( which is worse ) prophane . For what fruit , what commodity doth God draw from Societies of men ? is not his Glory perfect in it self ? can we add any thing to the excellency thereof ? hath he any need of our broken worship ? God is an absolute Being , both comprehending , and exceeding all Perfections : an Infinite Being , therefore his sufficiencies neither can be encreased , nor depend upon any , but only of himself . He was from Eternity without any world , and a thousand worlds more cannot at all encrease his felicity and glory : he did create the world , not to participate any thing thereof , but to communicate from himself unto it . Hereupon Iob saith g , What profit is it to God if thou be just ? What advantage is it to him if thy wayes be clean ? Surely we must be better enformed of the soundness of your judgment , before we dare depend upon the authority of your word . You put us in mind that you compared an Heir apparant to a Spouse , betroathed onely and not married to the common wealth . I remember it well ; but I did not take you for such a widower of wit , that you could think it worthy to be repeated . And ye● that which hereupon you deduce out of S. Paul maketh altogether against you . S. Paul saith h , that if a brother hath an infidel to wife , if she consent to abide with him , he may not put her away : and likewise if a woman hath an infidel husband : but if the infidel doth depart , then the Christian is free . Now if you will needs make a marriage between a King and his Subjects , you might hereupon conclude , that if an infidel King will hold his state , the people may not dispossess him . And wheras you affirme , That all they who differ in any point of Religion , and stand wilfully in the same , are Infidels the one to the other , you shew both a violence and weakness of mind . For obstinate Error in certain Articles of Faith , and not in the whole state and substance thereof , doth make an Heretick , but not an Infidel . And although the Canon Law doth in some case dissolve marriage between a Christian and an Infidel i ; yet doth it not permit the like between a true Christian and an Heretick k . And Panormitane l in his doub●ing manner denyeth , that the Church hath power to authorise diviorce in case of herisie . So that allowing your comparison for good , yet in case of infidelity , S. Paul ; in case of Heresie , the Cannon Law is altogether against you . You add , that albeit the Religion which a man professeth be never so true , yet whosoever hath a contrary perswasion thereof , he shall sin damnably in the sight of God , to prefer that man to a charge , where he may draw others to his Opinion . But I will omit this strain , and yet rather as impertinent than true . For there are few Nations in the world , wherein the people have right to prefer any man to be King : and that which you alledge out of S. Paul m for your proof is very different from the case which you do form . The Apostle speaketh when an action is of it self indifferent , but a weak Conscience judgeth it evil , being also evil by circumstance , in offending others : you speak where an action is good in it self , but an erronious conscience judgeth it evil . I allow , that a good action contrary to conscience is unprofitable ; but that it is always a damnable sin I dare not affirm . I dare not affirm that the Roman army did damnably sin , in deferring the Empire to Iovinian ; who excusing himself , ( as Zonaras writeth ) because being a Christian he could not command a Pagan army , they did notwithstanding confirme him Emperour , by which means they did afterward embrace the Christian faith . The like doth Orosius , report , that Valentinian , being discharged by Iulian from being Tribune , because he was a Christian , by consent of the Souldiers was created Augustus . I rather take it to be a damnable sin , which Zonaras writeth of the Bulgarians , in taking arms against their King , because he was converted to Christian Religion , albeit they did according to their Conscience . It were wasting time to dive into the depth of this question ; because it appertaineth to Elective States , and not unto us . But where you write without either authority or proof , that to assist , or not to resist the advancement or government of any King , whom we judge faulty in Religion , is a most damnable sin , of what side soever the truth be ; you breath out most filthy and unsavory smoke ; you lift up your voice into high blasts of blasphemy against the most High. God hath taught by the Apostle S. Paul p , that whosoever resist the higher Powers ( which at that time were Infidels ) receive unto themselves damnation ; you teach , that whosoever doth not in the like case resist , doth damnably offend . Were not the spirit of division , otherwise called the Devil , seated in your soul , you would not thus openly oppose the setlings of your rotten brain , against the express and direct sentence of God. What ? is it a damnable sin to do every man right ? is it damnable to give Caesar that which is his due q ? to give tribute , honour , fear , to whom they appertain r ? The Apostle saith , that Christians by resisting the power of Infidel Rulers , do acquire unto themselves damnation s ▪ and shall we yield credit unto you , that Turks , Moors , Infidels , should damnably sin , either in admitting or enduring the authority of a Christian Prince ? How cheap do you value the judgments of men ? at how low rate do you prize both your conscience and credit ? I could rise into riot of words upon you , were it not that I respect what is seemly , rather for me to speak , then for you to hear . Certainly if we had received no such commandement from God , the regard of the quiet of humane societies is sufficient to overwhelm your Heritical Assertion : for seeing there are many different professions of Religion , not only in the World , but almost in every Nation of the World : seeing also , Cas Philo saith t ) every man , either by use or instruction , judgeth his own Religion best : what surety could any Prince , what safety could any people enjoy , if your fiery opinion should take place ? what assurance can there be of Life or of State , where the Sword beareth sway upon such occasions , and that guided by hands both Tumultuous and fierce . And seeing among many Religions there can be but one Truth , if all Men should be obstinately bent against the Government of any , who in their Judgment is Faulty in Religion ; what likelihood can we either conceive or conjecture , but that many Errors would soon prevail against the only Truth . And therefore 't is far more moderate and safe , to use the ordinary means both of maintaining and propagating the truth , and to commit the success thereof unto God ; and ( as Iosephus adviseth ) not to offer either con●umelie or violence against any Religion , lest we provoke thereby the Professors thereof to do the like against ours . Your last Reason is drawn from Policy and consideration of State ; because a King will neither trust nor favour , much less advance him , that is not of the same Religion with himself : but to the contrary , he shall be Subject to all molestations , injuries and other aversions , which are incident to those who are not current with the present course of affairs . Oh Sir ; this is the Helene for which you contend ; you concur in opinion with those Athenians of whom Alexander demanded divine honours ; not so obstinately to defend Heaven , as to lose the benefit of the Earth . This is the mark whereat you aime , this is the Compass whereby you sail ; as divers flowers do open and close , according to the Motion of the Sun ; so according to the variation hereof , you extend or restrain your plyant Conscience as you please . But the Appostle teacheth us to be obedient to higher Powers , for Conscience sake u , and not for any private respect . Besides , all Princes are not of that disposition whereof you speak . Suidas writeth of one , who changeing Religion to please his King , was therefore adjudged to lose his head ; one being appointed to cry at the time of his Execution ; He that keepeth not Faith with God , what sound Conscience can he bear towards Men ? The Protestants in France are not alltogether cast either out of Favour or out of Charge : and many Roman Catholicks in England , do enjoy their full part , of all the plenty and pleasures that the Realme can afford . Lastly , what have you to do with Reasons of State ? This is the Eagles Feather which consumeth your devotion . Your Office is to meditate , to pray , to instruct men in pure Devotion , to settle their Souls in Piety and in Peace . But do you contain your selves within these limits ? nothing less . You take upon you the Policy of State ▪ you rend and deface the reputation of Kings ; you make your selves both judges and moderators of all their actions , allowing them to fly no further then you give them wings . You dispose not only their Affairs , but their Crowns at your pleasure ; you hunt them not to Covert but to Death . You contrive ways to compass your designs ; you train up your Followers in the high mistery of Treason ; you cast into every Realm the Apple of Strife : your Doctrine is to no other use but as Drumms , Fifes , and Trumpets , to Incense Fury . To these ends you wrest Scriptures , you corrupt Histories , you counterfeit Reasons , you corrupt all Truth ( pardon my plainness I pray you , I have not attended to your dexterity in disguising matters with smooth terms ) you are obstinate to hazard rather all dangers , then to be cut off from one point of your purpose . You acknowledge no Religion but your Will , no Law , but your Power : all Lies , Treacheries , and Frauds do change their Nature , and become both lawfull and laudable actions , when they bear for the advantage of your affairs . But this is directed to devotion , ( you will say ) and as you terme it , ordine ad deum , for a holy and Religious end . Away then with your devotion , and so we shall be rid of your dangerous deceit . Away I say with your devotion ; or else we will conclude of you as Livie did of Anniball : Nihil ▪ veri , nihil sancti , nullus deum metus nullum jusjurandum , nulla religio . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . FINIS . Notes, typically marginal, from the original text Notes for div A43135-e340 In. c. 1. tit . de success . feud . In quaest . a● rex Franciae recognosca● superiorem . In l. nemo . D. de leg L. In l. cum praeror . non autem . D. de Jud● . Apud Aristor . rhetor . 3. ca. 10 Lib 5. In ce●psychore . In eju● vita . Lib. 3. ca. 2 ▪ Ubl. 5. Antiqu. 14. ca. Lib. 1.2 . belli Punici . Allobroges . In Lisandr . Michael Riccius . Lib 1 d● l' estate de France Cons. 389 lib. 1 Cons. 47 lib 3. In c. 1. tit . an mutus vel imperfectus . in c. vit . Epis. vel ab . Lib. 3. D. de interdic . & rel . l. 2. C. de liberi . & cor . lib. l. divi fratres D jur . pat● . l. quae ritur D. de bo . lib. panor . cons. 85. lib. 1. Io. Anno. in c. significasti de fo . comp . In l. vii . in si . de senat . c. lus naturale dist . 3. 1.2 q. 94 d. 2 2 Rom. cap. 2. & 3 Quod naturalis ratio inter omnes homines constituit , id apud omnes peraeque custoditur vocaturque ju● gentium l. ix . D. de just . & jur . Just. de rer . di●● . singulorum . In re consensio omnium gentium , lex naturae putanda est . 1 Thuscul . In l. 1. C. de t●stam . Socrat. In com . ju . 6. Ad ephes . 4. Tit. C 3. de decret . ab ord . fac . l. 32. de legi . Ad Q. fratrem . provocandum ad sensus Interiori nesc●o qua conscientia i●●aec se●timus . de util . cred . Omne malum aut timore aut pudore natura perfudit . in apol . Licet possint negare , non possunt tamen non erube●cere : 3. de offic . 14. L. 3. si auro . D. deusurp . l. 8. D. quib . mo . pi . fol. l. 15. de cond . l. 14. D. de nup. 7. var. 16. topic . prin . 5. consil . 38. Ipsius vocem naturae ▪ de natur . deor . 15. prob . 3. 8. de legib . 4 consil . 496. 1. polit . sine imperio nec domus ulla , nec civitas , nec gens , nec hominem universum genus stare , nec rerum natura omnis nec ipse denique mundus potest . 3. de legib . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 1. polit . ca. 3. ca. 17. ver . 6. & ca. vit . in si . L. si quis post . humo● . D. de lib. et post● . Arduum sem per eodem loci potentiam & concordiam esse .iiii. annal . In principio lib. de vitis sententiisque Philosophorum . Lib. de dogmatis Philosophorum . In successionibus Philosophorum . Lib. 8. de vitis & sententils Philosophorum . Lib 1. contra lovinian . C. nuptiae . 32. di . 1. Lib. 6. de lanit . tuend . In Timaeo . In Philebo . In Epinomide . Anno. 1552. Unum imperil corpus unius animo regendum videtur . 1. annal . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . In cap. 2. certum est omnes antiquas gentes regibus paruisse . 3. de leg●b . In Catilin . Principio rerum , gentium nationumque imperium p●nes reges erat , lib. 1. 1. reg . 8.5 . In ca. 2. Utpote cum lege regia quae de imperio ejus lata est , populus ei & in cum omne suum imperium & potestatem confera l. 1. D. de const . princ . Sub umbra ejus urbem terrarum dominam latere , ejus nutus pro decretis patrum pro jussis populi esse . lib. 30. Nemo erat quo magis innixa res romana , quam in Papi●io cursore extaret . lib. 9. In pelopid . In pericle , Trepidi pattes ap summum aux●lium decurrunt Dictatorem dici placuit lib. 6. Dictatoris edictum pro numine semper observatum . lib. 6. Tantus erat dictatoris terror apud ho●tes , ut ●o creato statlin à manibus discesserint , lib. eo . Ut recte prudentes quidam de vita Augusti post mortem ejus inter se conserentes , dixerunt , non aliud discordantis patriae remedium fuisse , quam si ab uno regeretur . ann . 1 , In epist. 1. ad Q. Fratrem . In apolog . Lib. 16. Lib. 39. Lib. 1● ▪ Lib. 1. Lib. 1. Belli macedonici . lib. 10. Lib. 16. Lib. 7. In Euterpe . Aeneid . 1. Lib ad octav . August . In Cyropaed . In Artaxerxe In polyhimnia . Lib. 2. Lib. 6. ca. 28. Lib. 7. Lib. 5 ca. 12. De praepara● . evang . lib. 10. Lib. 34. Lib. 46. Justin. lib. 24. & 41. De morib . Ger. 2. Chron. ca. 21 In polyhimnia . In epist. ad onagrium , & in gen . 49. Cons. 275. vol. 2. L. Ex hoc jure D. de ju●● . & jure semper fuit ▪ & semper erit &c. In c. Licet . de voto . Cons. 94. & 274. In pro●em . D ▪ §. Discipull . Cons. 287. In c. prudentiam de offic . de leg . In l. maximum . C. de lib. praeter . & cons. 179. li. 1. Cons. 25. lib. 5. Cons. 2. Con. 67. Deci. 476. & con . 60. In c. tit . de hi● qui feud . da , poss . & in c. Qualite . tit . Si de seu , tu cont . inter do . In sub de test . lib. 6. & in c. grandi . de sup . G , prael . In l. 1. D. de const . prin . & in l. Nemo . de leg . 1. Con. 225. & 289. Cons. 25. lib. 1. Tract de pot . & excel . reg . a. q. 9. In l. quart . ad l. Falc . Cons. 9. tit . de feud . In l. Obvenire D. de verb. fig. C. jus natural . dist . 1. Zach. 12.10 . 2. Reg. 13.21 . In Exod. cap. 11. In serm . de septem plagis . In Gen. hom . 51. Ubi ● . De histo . animal . lib. 6. cap. 18. Lib. 11. cap. 40 De motu animal . lib. 3. & lib. 15. cap. 13. Histor. chilla . 4 cap. 126. In Arato . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in dialogo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Lib. 2. de Cain & Abel . cap. 2. Exod. 4. Homil. 5. adversus Judaeo● Gen. 4.7 . Gen. 27.29 . Deut. 21.17 ▪ Exod. 1● . 2 & . 22.29 . & 34.19 . Levit. 27.26 . Num. 3.13 . & 8.16 . & 18.15 . Nehem. 10 36. Ezech. 44 30. Luke 2.23 . Matth. 19.30 . & 20.16 . Marc. 10.31 . Luke 13 10. 1. Cor. 1. circa si . Lib. 7. In prooem . D. §. Discipuli . Et in L. donationes C. de don . inter vir . & ux . In L. 2. C. de jur . Emphyt . Per. l. Ex facto ▪ Pen. D. ad Treb Cons. 275. lib. 2 In l. Proximus . D. de verb. sig . L. Ex duobus● D. de vulg . & pup . In l. Si quis prioris . §. talem . D. de secund . Ibid. In addit . Bar. l. 1. §. Qui habebat . de D. bo . poss . cont . tab . & in disput . incip . Sigismund . Cons. 92. In tract . de pot . & excel . reg . q. 10. & q. 74. In c. quaeritur . §. i●em opponitur 22. q. 2. Unigenitus . C. nam & ego De ver . sig . Lex regia . L. 1. de const . princ . De rep . lib. 1. L. Si fini●a & ●b . Bar. & Bald. D. de dam infect . L. Si quis insiurandum . c. de reb . cred . Inst. de jur . Person . L. 1. de usucap . L. vit . C. de praesc . long . temp . L. sicut . c. de praesc . 30. ann . L. Si de interpretatione . D. de Ll. L. Omnes popull . De just . & jur . l. Sed & ca. D. de leg●b . C. 1. de Feud . C. l. de all . Feud L. Testamenta ▪ omnia . C. de test . C. Ridiculum 12. di . In c. Quanto de transl . prael . In c. Domino . 50. di . In L. Si vero D ▪ de sol . Mat. In tract . de imper . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , De civit . Dei ▪ lib. 2. cap. 21. Lib. 3. de repub ▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Vive moribus praesentibus , loquere verbis praesentibus . Lib. de clar . rhetor . Lib. 15 c. 1. & lib. 1. cap 10 Quae praeter consuetudinem & morem majorum fiunt , neque placent . neque recta videntur . 4. de civit . 5. Cons. 132. Grandia latrocinia . Lib. 10. 1. de benefi● : Orbis terrarum praedo . L. Post liminium D. de cap. Arma tenent● omnia dat qui in ita negat . Reg. peccatum p. 2. §. 9. In rub . C. de la. li. Ut qui vicisssent , iis quos vicissent , que madmodum velint imperarent . Strom. 1. Archid. Judic . 11.23 . & 24. Deut. 20. Ge● 48 22. 1. Civ . ● . de form . Vide civit . Iust. de pub . iud . Herod . lib. 1. Jure principem colite , non datum , sed natum . Lib. 1. de l' estate de France Notes for div A43135-e6580 2 Sam. 20. Fol. 21. Pag. 17. 1. Pet. 2. Plutarch . in probl . Rom. 13. (d) Marc. 16. (e) Col. 1.23 . (f) Ad Auxentium . (g) Gen. 10.5 . (h) Hom. in Gen. (i) Gen. 10.9 . (k) In Cratylo . (l) Noct. Attic. 9. cap. 4. (m) Gen. 10 (n) Ninus primus dicitur bello parta retinu●sse , cum priores contenti victoria , imperio abstinuessent . Just. 1. * L. 2. de Orig . jur * Contra Appianum (q) lib. 2. de regno . (r) Aeneid . 7. s Aeneid . 3. t Aeneid . 1. u Aeneid . 5. * Lib. 1. (x) In Apopht . (y) At cum jus aquabile ab uno viro homines non consequerentur , inventae sunt leges , Offic . 2. (z) Anno 1116. * l. 13. C. 〈…〉 Scin● . ● loc . om . i●d . (a) 5. Cons. ●3 . & 6.50 . (b) 3.100 . (c) 3. Reg. 14 , & 15. (d) Gell. l. 5 c. 19. (e) Jura dedis . (f) Tanto consensu quanto haud quisquam alius ante Rex est declaratus . (g) In l. 2. D. de orig . jur . (h) Jus civile Papirianum . (i) Nullum esse discordantis patriae remedium , quam ut ab uno regeretur . Annal. 1. (k) In Act. cap. 8. (l) Lib 2. cap. 1. (m) Lib. 6. c. 29 , & 30. (n) Gen. 27.22 . (o) Protestatio actui contraria non relevat . (p) In Dionys . (q) 2. c. 10. (r) vers . 8. (s) Rom. 13. (t) c. 2. v. 13. (u) Tit. 3.1 . * 1 Tim. 2.1 . (x) 1 Pet. 2.18 . (y) In tract . de exemp . Clericorum . (z) ver . 16. * Gal. 1.10 . (a) c. 29.7 . (b) c. 1.11 . (c) c. 17. (d) Deut. 17.12 . (e) Exod. 22.28 . Act. 23.5 . (f) Eccles. 10.20 . (g) Rom. 13. (h) Jer. 25.9 . (i) Ezech. 29.18 . (k) c. 25. (l) Prov. 21.1 . (m) 2 Chro. 26.22 . (n) 2 Chro. 19.8 . (o) Psal. 82. (p) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . In polit . (q) Sap. 6 ▪ (r) ●xtravag . Unam sanctam . de major . & obed . (s) In decl●m . (t) Cic. oftic . lib 1. (u) Pater patriae . * In l. senium . C. qui test . fa. poss . (x) 2 Chro. 1. (y) Prov. 28.2 . 2. Chron. 28.6 . (z) Apolog . 3● . * De sacr . ec . Tert. (a) Ad Demet . (b) Pactum societatis humanae generale regibus obedire . Confes . lib. 2. (c) Dist. 8. c. Quae contra . (d) Tyran●os aggrediuntur , lolium ab agro dominico evellunt . (e) Mat. 3. (f) 1 Reg. 19. (g) Exod. 10. (h) Mat. 10.34 . Notes for div A43135-e10770 (a) Psal. 73. (b) Ca. 12.1 . (c) In Alexand . (d) Apoc. 6.4 . (e) Ps. 105. 1. reg . 24. (f) 4 reg . 21. (g) In Augusto . genu nixus dictaturam deprecatus est . (i) In Aug. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . lib. 53. (k) In proam . (l) Lex regia . (m) lib. 6 (n) lib. 1. de l'state de France . (o) Ibidem . (p) Girard fo . 52. (p) Fo. 58. de l'state . (r) c. 5. p. 84. (s) In Richard 2. (t) In l. Barbarius . D. de offic . praesid . (u) In c. cura pastoralis de jure patron . Notes for div A43135-e13670 (a) De benefic . lib. 7. c. 5. (c) Cap. 2. (d) C. dudum de praeb . lib. 6. (e) l. judicium solvitur . D. de judic . (f) l. solet . de jurisd . (g) In l. ult . de jurisd . (h) In c. pastoralis de off . ord . (i) In c. cum ecclesiarum . eo . (k) In d. l. judicium . (l) Cap ▪ 2. (m) 1 El. 1. (n) L. 1. d. ad . l. Jul. majest . (o) Frustra fidem sibi quis postulat servari ab eo , cui fidem a se praestitam servare recusat . (p) Non obstringitur quis ad implendum quod juravit si ab 〈◊〉 parte 〈◊〉 impletur , cujus respe●tu praebuit juramentum . (q) In l. cum proponas c. de pact . (r) In c. pervenit 2. de jurejur . (s) In tract . fallen reg . 199. (t) I. ille a quo & l. s●q . (u) In apopht . (x) Lib. 24. (y) Lib. 2. c. 1. (z) Lib. 2. c. 2. (a) L. postliminium . * filius D. de capit . & postlim . (a) c. In malis de reg . jur . in 6. (b) 22. q. 4.4 . c. 5. (c) In Domit . (d) Ro. 13. 1 Tim. 2 2. ● . c. 2● . 7 . (g) Generale quippe pactum est humanae societatis , regibus obedire . confess . lib. 2. (h) Magnum est & speciale documentum , &c. ad Auxentium (i) Ad Auxentium . (k) Apol. (l) Act. 4 : (m) In Psal. (n) 1 Sam. 8. (q) C. conjurationum xj q j. Notes for div A43135-e14870 (r) In l. 2. D. de servi● . 8· aqua . (s) ●ons . 2. ● . (t) De legi (u) In 〈◊〉 c. ● . con●●●jus . c. sunt 〈…〉 25. 〈…〉 * Nunc. (y) L. 3. D. de leg . 1. Dec. in reg . 77. n. 10. (z) In l. jurisgentium * Quinimo * In l. claris l. de fideis . (a) In c. pro illorum de prebend . (b) Cons. 220. lib. 6. & cons. 122 & 125. l. 4. In c. 1. (d) In spec . ●it 14. * Veniamus , n. 10. (c) An. 623. cap. 74. (f) Con. 69. Notes for div A43135-e16320 (g) Cap. 1. (h) Ro. 9.13 (i) Gen. 25.23 . (k) Cap. 1. (l) Cap. 3. (m) Cap. 1. (n) Metrop . l. 3. cap. 20. (o) In Prooem . decret . (p) About the year 1375. (q) In c. ult . 24. q. 1. (r) In l. quaesitum . D. de leg . 1. (s) In c. tanta qui fil . sunt legit . (t) Cons. 192. l. 2. (u) Cons. 19. l. 1. (w) In c. 1. tit . quis dicat . dux . (x) In l. particum . c. de rei vind . (y) In rep . rub . de ca. po & prop. (z) Cons. 262. & in tract . de po . & excel . reg . q. 25. (a) In tract . de privil . fis● . par . 1. ca. 109. (b) In tract . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . (c) Aeneid . 9. (d) Walsing . in E. 1 ▪ (e) Anno reg . 23. (f) De no●o rege creando more majorum . (g) Sir Tho. Moor , and Stow. (h) Holingshed Notes for div A43135-e17780 (i) 2 Reg. 15 , & 16. 2 Reg. 2 & 5 (k) Exod. 20. ● . ●●ec . ●● . 20 . Jer. 31.29 . Deut. 24.16 . 2 Chron. 25.2 . (m) L. siquis suo . §. Legis C. de in off . test . l. generali . D. de ●it . nup. l. siliam . D. de senator . l. adoptivum . D. de in jus voc . (n) Dist. 56. per tot . (o) ●gl & D● . ib. & in c. vel n●● est de temp ord . (p) 1 Chro. 22.8 , 9. (q) 3. Reg. 2.48 . (r) 3. Reg. 11.31 . (s) 3. Reg. 12.24 . (t) 3. Reg. 11.43 . (u) 3. Reg. 12.17 . (w) 3. Reg. 12.19 . (x) 3. Reg. 12.21 . (y) 3. Reg. 12.19 . (z) 3. Reg. 11.31 . * Pag. 414. (a) Cap. 3. (b) Lib. 34. Pag. 833. (c) Pa. 845. Notes for div A43135-e19030 d Cap. 3. e Lib. 1 de l' estate . fol , 45. f De l'estate . g Di l'esta●e lib. 1. p. 55 h l. 8. f. 60 , b Fol , 63 k In Andromache . l 1375. m Lib. 4. circa sin . n De gest . Ang. lib. 1. ca. 2. o Lib. 2 ▪ c. 5. p Lib. 6. q Lib. 2 ▪ c. ● . r Extorta a principibus fide arripuit diadema . Viribu● & gener● fretus regni Diadema invasit . t In part . 2. ca. 2. pa 12. u Lib. vit . 〈…〉 . * Cin. & B●●tol . in l. im●perialis . 〈…〉 nupt ▪ w Lib. Vit. Will. conq ▪ x Lib. 1. cap. ● . y In Henr. 1. fol. 181. z In Henr. 1. lib. 5. * Quod solus omnium filiorum Willielmi natus est regie , & ei regnum videretur competere . a In polyhimn . b Lib. 2. c Lib. de fraterna benevolentia . d Antiq. li. 16. cap. 3. e In l. imperialis . sect , illud . C. de nupt . f In l. si senatus C. de dignit . li. 12. g In tract . de pot . & excell . reg sect . 16. h Pet. Iac. in arb . success . reg . Franc. Io. Rai . in cap. praeterea . tit . de prohi feud ali & intract : nobil . 〈◊〉 . 10. Iac. a S. Georg. intract . feud . D. Benedic . in rep . c. Rainutius . ● ●00 de testam . i In Artaxerxe . k Lib. 12. in prin . l Ibidem . m Sacramenti praevaricator regnum invasit . n In hist. novel l. 1. fol. 101 ● . o Tribus episcopis presentibus , nullis abba●ibus , paucissimis optimatibus . p Lib. 8. p. 221. Vigore & impudentia fretus . q Pa. 221. r Quia regnum contra jussurandum praeripuisse videbatur . s Pa. 275. quasi tempestas invasit . t In princ . l. 12. u In Steph. w Hypodig . pa. 38. * l. 12. 〈…〉 * * Fol. 281. ● . * p. 62. * ●ib . ●5● in prin . a Lib. 15. p. 262. b In prologo . c Iure propinquitatis . d Hypodig . p. 59. f Lib. 15. p. ● 63. g pa. 269. h Walsing . hypodigm● . pa , 56 , Notes for div A43135-e24040 * Cap. 1. * In c. per tuas . Qui fil . sunt legit . * Lib. de L●gibus . * Rom. 13. * Mat. ●● . 25 . † M●t. 2● . 52 . * Act. 2.3 ▪ r Rom. 13. 1. Pet. ● . s Contra 〈◊〉 , t Ca. 2. u Epist 54 ▪ w Hierom. 29. Baruch . 1 x in rep . l. ● de just . y lib. ●2 . lib. 30· x Paul. Aem. 6.7.8 . a Adv. g● . 3 4. b Apollo c 〈◊〉 2● . ●1 . d ● . Var. ●● . et . lib. 10. ep . ●● . e ● . Vt. su f ●ant . ser. g 22.3 . h 1 ▪ Cor. 7. i c. juda . 28. q. 1. c. quanto d● diver . k d. ● . ●uanto c. gaudemus de divert . l In c. ex parte . ● . d● conver . conjug . m Rom. 14 ▪ 1. Cor. ● . p Rom 1● ▪ q Math. 2● ▪ 17. Mar. 12.17 . Luc. 20.25 : r Rom. 13 . 7● s Rom. 13.2 . t De legat . u Rom. ●3 . 5