An ansvver to the first part of a certaine conference, concerning succession, published not long since vnder the name of R. Dolman Hayward, John, Sir, 1564?-1627. 1603 Approx. 301 KB of XML-encoded text transcribed from 89 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A02848 STC 12988 ESTC S103906 99839648 99839648 4088 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. A02848) Transcribed from: (Early English Books Online ; image set 4088) Images scanned from microfilm: (Early English books, 1475-1640 ; 1105:07) An ansvver to the first part of a certaine conference, concerning succession, published not long since vnder the name of R. Dolman Hayward, John, Sir, 1564?-1627. [168] p. Imprinted [by Eliot's Court Press, R. Bradock, P. Short, T. Snodham, R. Field, and J. Harrison] for Simon Waterson, and Cuthbert Burbie, At London : 1603. Dedication signed: Io: Hayvvard. A reply to: A conference about the next succession to the crowne of Ingland. "Eliot's Court Press pr[inted]. piA, Bradock A-C, Short D-G, Snodham H-L, Field M-P, and Harrison Q-V"--STC. Signatures: A⁴ ² A-V⁴. The first leaf is blank except for signature-mark "A". Quires D-G are paginated 17-48. Some copies have slip-cancels on F2r line 5, I2v lines 24,25, and I4r line 16. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. 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Great Britain -- Kings and rulers -- Succession -- Early works to 1800. 2004-01 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-03 Rina Kor Sampled and proofread 2004-03 Rina Kor Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion AN ANSVVER TO THE FIRST PART OF A CERTAINE CONFERENCE , CONCERNING SVCCESSION , PVBLISHED not long since vnder the name of R. Dolman . AT LONDON Imprinted for Simon Waterson , and Cuthbert Burbie . 1603. TO THE KINGS MOST EXCELLENT MAIESTIE . MOst loued , most dread , most absolute both borne and respected Soueraigne , to offer excuse for that which I needed not to haue done , were secretly to confesse , that hauing the iudgement to discerne a fault , I wanted the will not to commit it . Againe , to seeke out some coulers to make it more plausible , were to bring in question the sufficiencie thereof . Therefore without further insinuation either for pardon or for acceptance , I here present vnto your Maiestie this defence , both of the present authoritie of Princes , and of succession according to proximitie of bloud : wherein is maintained , that the people haue no lawfull power , to remoue the one , or repell the other : In which two points I haue heretofore also declared my opinion , by publishing the tragicall euents which ensued the deposition of King Richard , and vsurpation of King Henrie the fourth . Both these labours were vndertakē with particular respect , to your Maiesties iust title of succession in this realme : and I make no doubt , but all true hearted Englishmen wil alwaies be both ready and forward to defend the same , with expence of the dearest drops of their bloud . The Lord vouchsafe to second your honorable entrance to the possession of this crowne , with a long & prosperous continuance ouer vs. Your Maiesties most humble and faithfull subiect . Io : HAYVVARD . Qui tibi Nestoreum concessit pectus e● ora , Nestoreos etiam concedat Iupiter annos . To R. DOLEMAN . YOu will thinke it strange Maister Doleman , that hauing lien these many yeares in quiet harbour frō the tempest of mens tongues , you should now feele a storme to breake vpon you ; peraduenture you were perswaded ( as euery one suffereth himselfe to be beguiled with desire ) that this silence did growe , eyther vpon acceptance of your opinion , or from insufficiencie to oppose against it . I assure you neither ; but partly from contempt , and partly from feare . Th● contempt proceeded from the manner of your writing , wherein you regarde not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : not how eyther truly or pertinently , but how largelye you do wright : endeauouring nothing else , but eyther to abuse weake iudgements , or to feede the humors of such discontented persons , as wante o● disgrace hath kept lower then they had set their swelling thoughts . The feare was occasioned by the nimble eare which lately was borne to the touche of this string : for which cause our English fugitiues did stand in some aduantage , in that they had free scope to publish whatsoeuer was agreeable to their pleasure ; knowing right well , that their bookes could not be suppressed , and might not be answered . It may be you will question , wherefore I haue not answered your second part : it is ready for you , but I haue not now thought fit to divulge the same ; partly because it hath beene dealt in by some others ; but principallie because I know not how conuenient it may seeme , to discusse such particulars , as with generall both liking and applause are now determined . I forbeare to expresse your true name ; I haue reserued that to my answere to some cast Pamphlet which I expect you will cast forth against mee : and I make little doubt but to driue you in the end to such desperate extremitie , as ( with Achitophell ) to sacrifice your selfe to your owne shame , because your mischieuous counsaile hath not bin embraced . AN ANSVVERE TO THE FIRST CHAPter ; whereof the Title is this . That succession to gouernement by neerenesse of bloude is not by lawe of Nature or deuine , but onely by humane and positiue lawes of euery particular common wealth : and consequently , that it may vpon iust causes , be altered by the same . HERE you beginne , that other conditions are requisite for comming to gouernement by succession , besides propinquitie or prioritie of bloude ; which conditions must be limited by some higher authoritie then that of the King , and yet are they prescribed by no law of Nature or deuine . For otherwise , one that wanteth his wits or sences , or is a Turke in religion , might succeed in gouernment ; which you affirme to be against al reason , law , religion , wisdom , cōsciēce , & against the first end of Institutiō of cōmō wealths . And that Byllay , who maintaineth the contrarie , doth it in fauour and flattery of some particular Prince . What cōditiōs are requisit in succession besides priority of bloud , & by what authority they are to be limited , I w●l thē examin whē you shal propoūd : but for your reason of this assertiō , you must heaue other men thē Billay out of credit , for reason , law , cōsciēce , & wisdom , before you cary it for cleare good . As for entire cōtrariety in religion , or differēce in some particular points therof , whether it be a sufficient cause of exclusion , or no , I wil refer my selfe to that place , where you do strain your strength about it . In disabilities to gouern , Baldus a doth distinguish , whether it be naturall , or accidentall ; affirming , that in the first case it sufficeth to exclude , because he that is incapable of gouernmēt frō his birth , had neuer any right of successiō setled in him : in the other it doth not suffice ; because he that is once inuested in right of succession , cānot be depriued therof without his fault . Many do follow this distinction ; Io : Igneus b doth limit it , to such dignities as are not absolute : But I●son c , Angelus d & diuers others do indistinctly hold , that the eldest son of a king or other gouernor , although he be borne either ●urious , or a foole , or otherwise defectiue , cānot therfore be excluded frō his successiō . 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 vpō diuers occasions it hath bin vsuall ) then by acknowledging another prince ; as wel for other respects , as for that by continuāce of succession in one discent , a faire & ordinary occasion is remoued , both of mutiny & inuasion . For enemies wil not readily attempt , & subiects do most willingly obey that prince , whose ancesters haue worn out those humors both of hatred & contempt which do commonly accompany new raised estates . I wil not confirm this last opinion , by the exāple of Neptune the son of Saturn ; who , althogh he was lame on both his legs , yet had the gouernment of the sea allotted to him : but I wil cōfirm it by the practise of Athens & Laced●mon , the two eyes of Graecia , as Leptines e & Iustine f do aptly term thē . Herodotu : g reporteth that whē Alexandrides king of Sparta left 2 , sons , Cleomenes the eldest , distracted in wits , & Dorieus the yongest , both of ability & inclination to all actions of honor , the Lacedaemoniās acknoledged Cleomenes for their king . Agesilaus also the famous king of Lacedaemon was lame , as Plutarch & Probus Aemilius h do report . Paul. Orosius i saith , that the Lacedaemonians did chose to haue their K. halt rather thē their kingdom . Herodotus k also writeth that after the death of Codrus king of Athens , Medon his eldest son , & Neleus the next , did contend for the kingdom , because Neleus would not giue place to Medon , who was by reason of his lame legs , if not vnable , yet vnapt to gouerne . The matter being almost brought to the sentence of the sword , it was mediated between thē , that the cōtrouersie should be decided by the Oracle of Apollo-Apollo was consulted ; by whose iudgement Medon was declared king . Iosephus l hath left recorded , that Aristobulus & Hircanus , after a long & cruel contētion for the kingdom of Iury , made Pompeie the iudge of that right which by arms they wer vnable to decide . Hircanus alleaged that he was eldest brother ; Aristobulus excepted , that Hircanus was insufficient to gouern a realme . Hereupon Pompei gaue sentence , that Aristobulus should giue ouer the kingdome which he did vsurp , & Hircanus be restored to his estate . The like iudgement doth Liuy m write , that Annibal gaue for the kingdome of that country , which is now called Sauoy restoring Brancus vnto his right , from which he had beene by his younger brother expelled . And although Pyrrus did appoint that sonne to succede , whose sworde had the best edge , yet was the eldest acknowledged , who bare the least reputation for valour . Lisander moued the Lacedaemonians to decree , that the most sufficient , & not alwais the next in bloud of the ligne of Hercules , should be admitted to the kingdome ; yet Plutarch n saith , that he found no man to second his aduise . I will adde an example of later times . Ladislaus , a man more famous for the sanctitie of his life , then for his kingdom of Hungary , left by his brother Grisa two nep●ewes ; Colomannus the elder , who was dwarfye , lame , crooke-backt , crab-faced , blunt and bleare-eyed , a stammerer , and ( which is more ) a Priest : and Almus the younger , a man free from iust exception . Yet these respectes set aside , a dispensation was obteined from the Pope , and Colomannus , notwithstanding his deformities and defectes , was accepted by the people for king . Girarde writeth , that the custome of the French was to honour their kings whatsoeuer they were , whether foolish or wise , able or weake : esteeming the name of king to be sacred , by whomsoeuer it should be borne . And therfore they supported in estate , not onely Charles the simple , but Charls the 6. also , who raigned many years in open distēperature & disturbance of minde . So you see , that the practise of many nations haue beene contrary to your conceipt : and that the interpreters of the ciuill and canon lawe ( good arbitrators of naturall equitie ) either beare against you , or stand for you onely when disabilitie is naturall : adding further , that if the excluded successor hath a sonne , before or after succession doth fall , free from any such defect , the right of the kingdome descendeth vnto him . This affirmeth Baldus q , Socinus r , Cardinall Alexander , and before them , Andreas Iserna . t Because the inhabilitie of parents doth not preiudice the children , especially in regard of their naturall rightes u : neither is it any impediment wherefore they should not enioy either priuiledge or dignitie from the person of their grandfather . Magis est ( saith Vlpian x ) vt aui potius dignitas prosit , quam obsit casus patris . It is fitter that the son should receiue profit by the dignitie of his grandfather , then preiudice by his fathers chaunce . And this ( we may thinke ) is a reasonable respect , wherefore other interpreters haue not allowed their principall 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 : Wherevpon difunion , factions , warres may easily arise . It is inconuenient ( I grant ) to be gouerned by a king , who is defectiue in body or in minde : but it is a greater inconuenience , by making a breache in this high point of state , to open an entrance for all disorders , wherein ambition and insolencie may range at large . For as mischiefe is of that nature that it cannot stand , but by supportaunce of another euill , and so multiplieth in it selfe , till it come to the highest , and then doth ruine with the proper weight : so mindes once exceeding the boundes of obediēce , cease not to strengthen one bouldnesse by another , vntil they haue inuolued the whole state in confusiō . We find that Gabriel the yongest brother of the house of Saluse kept his eldest brother in close prisō , vsurped his estate , and gaue forth for satisfaction to the people , that hee was mad . I could report many like examples : but I shal haue occasion to speake more hereof in the further passage betwixt vs. After this you conclude three points . 1 That inclination to liue in companie is of nature . 2 That gouernement and iurisdiction of magistrates is also of nature . 3 That no one particulare forme of gouernement is naturall ; for then it should be the same in all countries , seeing God and nature is one to all . But before I ioyne with you , either in contradiction or consent , it shall not be amisse to declare briefly , what we vnderstand by the lawe of nature , and by what meanes it may best be knowne . God in the creation of man , imprinted certaine rules within his soule , to direct him in all the actions of his life : which rules , because we tooke them when wee tooke our beeing , are commonly called the primarie lawe of Nature : of which sort the canons x accompt these precepts following . To worship god : to obey parents and gouernours , & therby to conserue common society : lawful coniunction of man & woman : succession of children : education of children : acquisition of things which pertaine to no man : equall libertie of all : to communicate commodities : to repell force : to hurt no man : and generally , to do to another as he would be done vnto : which is the sum and substance of the second table of the decalogue . And this lawe Thom. Aquine y affirmeth to be much depraued by the fall of man ; and afterwards more , by errour , euill custome , pertinacie , and other corrupters of the mind : and yet doth it yeeld vs so large light , that Saint Paule z did esteeme it sufficient to condemne the gentiles , who had no other law written . Out of these precepts are formed certaine customes , generally obserued 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 naturall precepts , are called the secondarie lawe of nature , and by many also the law of nations . Gaius , ' saith : that which naturall reason doth constitute among all men , is obserued by all alike , and termed the lawe of Nations : and the same is called by Iustinian a ; the lawe of nature . Cicero b likewise saith : the consent of al nations is to be esteemed the lawe of nature . But this is to be takē , not as though al natiōs haue at any time obserued one vsage alike : it is not necessary faith Baldus c , that the word al● should cary so large a sēce : neither hath it euer bin brought into knoledge what customes all nations haue held in vse . And it is most certain , that ther is not one point or precept of the law of nature , but , by reasō , partly of the weaknes , partly of the corruption , which the fal of Adam fasten in his posteritie , some people haue at all times , either neglected or els depraued : some being so dull as they could not perceiue , others so malicious as they would denie , that which nature did lay before them . Yea , such is either the weakenesse or wilfulnesse of our iudgement , that they who are not onely admitted but admired for wise men , doe many times disagree in determining what is most agreeable to nature : much lesse may we either expect or imagine , that al natiōs , so differēt , so distāt , neuer so much as now , and yet not now fully discouered , should iūpe in one iudgemēt for vniform obseruatiō of any custome : neither is that no natural right , as Zenophon d noteth , which many dayly doe transgresse . And therefore Donellus e did vniustly reiect the discription which Gaius gaue of the law of nations , by taking the word al in the amplest sence . S. Ambrose f and S. Hierome g did in this sort declare it ; that we are to take that for a decree of natiōs , which successiuely and at times hath beene obserued by all . But as for any one time , as it is to be iudged the decree or custome of a whole citty , which hath passed by consent of the most part , although al haue not allowed , and some perhaps haue opposed against it h ; so is it to be esteemed the lawe of nations , the common lawe of the whole world , which most nations in the world are found to imbrace . And because gouernment was not from the beginning , but induced as a consequēce of the primary precept of nature ; to maintaine humane societie : therefore whensoeuer wee speake of naturall gouernment , we are intended to meane the secondary lawe of nature , which is the receiued custōe , successiuely of al , & alwaies of most nations in the world . Out of this we may gather , that three rules doe chiefly lead vs to the knowledg of this law . The first is that which Cicero i in the like case giueth : to appeale vnto sēce : because there is no man but by the light of nature , hath some sence of that which nature doth allowe . S. Augustine k saith , I know not by what inward conscience we feele these things : and likewise Tertullian l : Nature hath tainted all euill eyther with feare or with shame . Wherto agreeth that which S. Ambrose saith : although they deny it , they cannot but shew some tokens of shame . Herupō the authors of the ciuill lawe n do reiect that for vniust , which is not demaunded without shew of shame . For , as Cassiodorus o writeth ; God hath giuē●l men such a sence of iustice , that they who know not the lawes , cannot but acknowledge the reason of truth . But because this light of nature , in many men is exceeding dimme ; the next rule is to obserue what hath bin allowed by those who are of greatest both wisedome and integrity , in whom nature doth shew her selfe most cleere . For as Aristotle saith ;? ; that is probable which prooued men do approue . Among these , the first place pertaineth vnto them , who by inspiration of god , haue compiled the books of holy scripture : to whom as attendants we may adioyne the anciēt counsailes & fathers of the church . The next place is to be giuē to the authors of the ciuill lawe ; whose iudgement hath bin these many hundred yeers , admired by many , approoued by all , and is at this daie accepted for lawe , almost in all states of the christiā common wealth . To these also we may adioyne , as attendants , their interpreters of most approued note . The third place is due to Philosophers , historiographers , orators and the like ; who haue not vnprofitably endeauoured to free nature of two cloudes , wherewith shee is often ouercast : grosse ignorance , and subtill errour . But because naturall reason , as Alciate p affirmeth , doth sometimes varie , according to the capacitie of particulare men ; euen as the sunne , beeing in it selfe alwaies the same , giueth neither heate nor light to all alike : the third rule followeth , to obserue the common vse of all nations , which Cicero q calleth ; the voice of nature : because as Aristotle r hath written , it is not done by chance which euery where is done . Plato s saith , this shall be the proofe hereof , that no man doth otherwise speake : and likewise Baldus t , I dare not disalow that which the world alloweth . And in this cōmon lawe or custome of the world , three circumstancies are to be considered : antiquitie , continuance , and generalitie . Now then your first position is so cleerelie true , that you doe but guild gould in labouring to prooue it : for man is not onely sociable by nature , but ( as Aristotle u affirmeth ) more sociable then any other liuing creature . These notorious pointes , the more we prooue , the more we obscure . Your second is also true , for as Tullie saith x Without empire , neither house , nor citty , nor nation , nor mankinde can stand , nor the nature of all things , nor in a word , the world it selfe . Whereto agreeth that of Aristotle y : gouernment is both necessary and also profitable . But whereas you bring in proofe hereof , that there was neuer people founde , either in auncient time , or of late discouerie , which had not some magistrate to gouerne them , neither is it necessarie , and yet false . It is not necessarie to haue so large a consent of nations , as I haue declared before : and it is false that in all times and nations there haue beene magistrates . After the deluge , magistrates were not knowne vntil kings did arise , as hereafter it shall appeare . The Iewes were often without either magistrates or gouernement : Whereupon in certaine places of the booke of Iudges z it is thus written : In those dayes there was no king in Israell , but what seemed right to euery man that did hee . Sometimes Democraticall gouernement doth drawe to a pure anarchie ; and so doth the interregnum of electiue principalities . Leo Aser reporteth , that in Guzala , a countrie of Africke , the people haue neither king nor forme of gouernement ; but vpon dayes of mart , they elect a captaine to secure their trafficke . The same authour deliuereth , that the inhabitantes of the mountaine Magnan , vpon the frontiers of Fez , haue noe forme of common wealth , but doe stay trauailers ( vnpartiall iudges ) to decide their controuersies . Leo himselfe was arrested to bee their iudge , and when hee had spent many dayes in determining their debates , hee was in the end presented with hennes , ducks , geese and other of their countrie commodities , which serued onelie to discharge his host . And if this your reason should bee of force then were not sociabilitie naturall , because many men haue made choise to liue alone . But how thē , wil you say , is nature immutable ? It is in abstracto , but it is not in subiecto . Or thus : In it selfe it is not chāged : in vs , by reasō of our imperfectiōs , it is . Or els more plainely , it is not changed , but it is trāsgrested . But nature , you say , is alike to al. Not so , good sir : because all are not apt alike to receiue her : euen as the sun beames doe not reflect alike vpon a cleane and cleare glasse , and vpon a glasse that is either filthy or course : And in many , not onely men , but nations , euill custome hath driuen nature out of place , and setteth vp it selfe in steade of nature z . Your third conclusion , that no particulare forme of gouernement is naturall , doth not finde so easie acceptaunce . Your onely proofe is , that if it were otherwise , there should be one forme of gouernement in all nations ; because god and nature is one to all . But this reason I haue encountred before : and yet you take paines to puffe it vp with many waste words ; howe the Romanes changed gouernment ; how in Italie there is , a pope , a king and many dukes ; how Millaine , Burgundie , Loraine , Bavier , Gascoint , and Britaine the lesse were changed from kingdomes to dukedomes ; howe Germanie was once vnder one king , and is now deuided among dukes , earles , and other supreme princes ; How Castile , Aragone , Portugall , Barcelona and other countries in Spaine , were first Earldomes , then Dukedomes , then seuerall Kingdomes , and now are vnited into one ; how B●eme and Polonia were once Dukedomes , and now are Kingdomes ; how Fraunce was first one kingdome , then deuided into fower , and lastly reduced into one . How England was first a Monarchie , vnder the Britaines , then a Prouince vnder the Romaines , after that diuided into seauen Kingdomes , and lastly reduced into one ; how the people of Israell were first vnder Patriarkes , Abraham , Isaac , and Iacob , then vnder Captains , then vnder Iudges , thē vnder high Priests , then vnder Kings , and then vnder Captaines and high Priests againe . I will not followe you in euery by way whereinto your errours doe leade ( for who would haue aduentured to affirme , that the childrē of Israell were vnder Abraham and Isaac ; and that the Britaine 's at the first were vnder one King , whereas Caesar reporteth that hee found fower kings in that country which is now called Kent ) but I will onely insist vpon the principall point ; in regard whereof , all this bundell of wordes is like a blowne bladder , full of winde , but of no weight . For first you doe but trifle vpon tearmes , in putting a difference betweene Kings , Dukes , and Earles , which holde their state with soueraigne power . Wee speake not of the names , but of the gouernement of Princes . Supreme rulers may differ in name ; they may change name also , either by long vse , or vpon occasion : and yet in gouernment neither differ nor change . Secondly , it is a more vaine ieast to put a difference ( in this regarde ) beweene a great territorie and a small . If a kingdome bee enlarged or streight●ed in limites , the gouernement is not thereby changed : if many kingdomes bee vnited into one ; if one bee diuided into many ; the nature of gouernment is no more altered , then is the tenure of lande , either when partition is made , or when many partes accrewe into one . The knot of doubt is , whether it bee not naturall , that one state , bee it great or small , should rather bee commaunded by one person , howsoeuer intitled , then by many . And if wee descende into true discourse , wee shall finde , that the verie sinewes of gouernment doe consist , in commaunding and in obeying . But obedience can not bee performed , where the commaundementes are , eyther repugnant or vncertaine : neither can these inconueniences bee any waies auoided , but by vnion of the authoritie which doth commaunde . This vnion is of two sortes ; first , when one commaundeth ; secondly , when many doe knit in one power and will. The first vnion is naturall ; the seconde is by meane of amitie , which is the onely bande of this collectiue bodie : and the moe they are who ioyne in gouernment , the lesse naturall is their vnion , and the more subiect to dissipation . For as Tacitus saith ', : aequalitie and amitie are scarce compatible . Naturall reason teacheth vs , that all multitude beginneth from one , and the auncient Philosophers haue helde , that from vnitie all thinges doe proceede , and are againe resolued into the same . Of which opinion Laertius a reporteth that Musaeus of Athens was authour , who liued long before Homer : but afterwardes it was renewed by Pythagoras , as Plutarch b Alexander c , and Laertius d doe write : who added thereunto , that vnitie is the originall of good , and dualitie of euill : And of this opinion Saint Hierome e was also , whose sentence is repeated in the canonicall decrees f but vnder the title and name of Saint Ambrose . Hereupon Homer doth oftentimes call good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and applyeth the terme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to affliction and trouble . Hereupon Galen g also writeth , that the best in euerye kinde is one . Plato produceth all thinges from one h ; measureth all thinges by one i ; and reduceth all thinges into one k . The whole worlde is nothinge but a greate state ; a state is no other then a greate familie ; and a familie no other then a greate bodye . As one GOD ruleth the worlde , one maister the familie , as all the members of one bodye receiue both sence and motion from one heade , which is the seate and tower both of the vnderstanding and of the will : so it seemeth no lesse naturall , that one state should be gouerned by one commaunder . The first of these arguments was vsed by Soliman , Lord of the Turkes l . Who hauing strangled Sultane Mustapha his sonne , because at his returne out of Persit , he was receiued by the soldiers with great demonstrations of ioy ; hee caused the dead bodie to be cast forthe before the armie , and appointed one to crye ; There is but one God in Heauen , and one Sultane vpon earth . The second was vsed by Agesilaus , to one that moued the Spartans for a popular gouernment ; goe first ( saide hee ) and stablish a popular gouernment within your owne doores . To the third Tacitus m did allude , when hee saide : The body of one Empire seemeth best to be gouerned by the soule of one man. In the heauens there is but one Sunne ; which Serinus n also applyeth vnto gouernement , in affirming , that if wee set vp two sunnes , we are like to set all in combustion . Many sociable creatures haue for one company , one principall either gouernour or guide ; which al authors take for a natural demonstration of the gouernment of one . And if you require herein the testimonie of men , you shall not finde almost any that writeth vpon this subiect , but hee doth , if not alleage , yet allow that of Homer : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one Lord , one King. Plutarch declareth both his owne iudgement concerning this point , and also the consent of others , in affirming o that all men did acknowledge , that the gouernment of a King is the most excellēt benefit that God hath giuen vnto men . Callimachus saith , p that Kings proceede from god : Homer affirmeth , q that they are cherished by god . Your selfe doe shew r out of Aristotle , Seneca , Plutarch , S. Hierome , S. Chrysost●me and S. Peter , that monarchie is the most excellent and perfect gouernement , most resembling the gouernement of god , and most agreeable vnto nature . But what doe you meane to acknowledge all this , and yet to denie that monarchie is naturall ? doe you take it to be aboue nature ? or how els is it most excellent and perfect ? how is it most agreeable to nature , and yet not naturall ? can any action be most agreeable to iustice , and yet not iust ? I know not by what strategeme , or cunning cranck of the schools , you can be made agreeable to your selfe . But now if we consider the generall custome of al people , we shall find that all the ancient nations in whom the laws of nature were least corrupt , had no other gouernment : as the Assyrians , Medes , Persians , Parthians , Indians , Scythians , Sirians , Phoeniciās , Arabiās , Aegyptians , Africans , Numidiās , Mauritaniās , Britās , Celtes , Gaules , Latines , Hetruscanes , Siciliās , Atheniās , Lacaedemoniās , Corinthiās , Achaeās , Sicyonians , Candiās , & in one word , all . Tullie saith s : it is certaine , that al anciēt nations were vnder kings : with which opinion Salust t consenteth ; & Iustine also , where he saith u ; the ēpire of natiōs at the first was in the hands of kings . And whē the people of Israel desired a king , they alleged that al other nations were gouerned by kings x . The Athenians were the first ( as Plinie affirmeth ) who set vp the gouernment of many , whose exāple certaine other towns of Greece did follow , rather blinded by ābitiō , thē led by iudgemēt . Amōg these , if the highest authority were in the least part of the citisens , it was called aristocracy ; if in the most or in all , it was termed democracy ; wherin you confesse x that neither they did nor could any long time continue ; but after many tumults , seditions , mutinies , outrages , iniusticies , banding of factions , and inundations of bloud , they were in the end either dissolued or vanquished , and reduced againe vnder gouernement of one . The state of Rome began vnder kings ; it atteined the highest pitch both of glory and greatnes vnder emperors : in the middle time , wherin it neuer inioyed x. yeeres together free frō sedition , Polybius saith that is was mixed ; the consulls represēting a monarchie , the senate , an aristocracie , & the cōmon 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 populare : which seemeth to be confirmed by the famous lawier & coūsailer Vlpian , where he saith y that the people did grāt al their power & authority to the prince . Whatsoeuer it was in shew , in very deede it was alwayes gouerned by some one principall man. Liuie wrighteth of Scipio z , that vnder his shadow the city was protected , & that his looks were in stead of lawes : & likewise of Papirius cursor ,' ; that he sustained the Romane affaires . So said Thucidides , that Athens was in appearance populare , but Aristides was the true monarch thereof : & Plutarch a also affirmeth , that Pelopidas and Epaminondas were no lesse then lords of the populare state of Thebes : but after the death of these mē , both the states of Athens and Thebes floated in tumults , as the same authour obserueth b , like a ship in a tempest without a pilot . So did Peter Sodarine Gonsalonier of Florence giue forth , that the title of popularity was vsed as a maske , to shadow the tyrāny of Laurence Medices : but Florence did neuer so florish both in honor , wealth , and quiet , as vnder that tyranny . Also in actions of weight , in great dangers and necessities the Romans had recourse to one absolute and supreme commāder , which Liuie calleth c the highest refuge ; whose authority as the Romans did most reuerētly respect , so was it many times fearefull to their enemies . Of the first , Liuie saith d ; the Dictators edict was alwayes obserued as an oracle : of the second e , so soone as a dictator was created , such a terror came vpon the enemies , that they departed presently from the walles . Likewise in cases of extremity the Lacedaemonians had their high gouernour whom they called Harmostes ; the Thessalonians had their Archos ; and the Mytilenians also their great Aezymnetes . Lastly , Tacitus reporteth f that certaine wise men discoursing of the life of Augustus after his death , affirmed rightly , that ther was no other meane to appease the discordes of the state , but by reducing it vnder the gouernement of one . Let vs now take a view of our present age . In al Asia , from whence Tullie saith , g ciuility did first spread into other parts of the world , no gouernment is in vse but by a monarch , as appeareth by the Tartarians , Turks , Persians , Indians , Chinans & Cataians : no other gouernmēt is found to be foūded in al the cuntries of Affrick : in America also and all the west parts of the world , no other is yet discouered : in Europe only , vpō eyther declining or chāg of the empire , a few towns in Germany & Italy did reuiue againe the gouernment of many : som are alredy returned to a monarchy , and the residue in their time will do the like , euen as all others haue done which haue bene before them . What then shal we say of this so ancient , so continuall , so generall consent of all nations ? what can we say , but cōclude with Tertullian . these testimonies , the more true , the more simple ; the more simple , the more common ; the more common , the more natu●all ; the more naturall , the more deuine . But because ambition is a most firy affection , and carieth men blindfold into headlong hopes , wherby many do aspire to beare rule , neither they good , nor with any good either means or end ; the custome or lawe of nations hath by two reines endeauored to keep in this raging desire : by succession & by election . And yet againe , because election is most often , if not alwaies , entangled with many inconueniences ; as first , for that the outragies during the vacancy , are many & great ; euery one that is either grieued or in wāt , assuming free power both for reuēge & spoile . Secondly , for that the bouldest winneth the garlād more often then the best ; because the fauour of the people doth alwayes tast more of affection then of iudgement . Thirdly , for that they who do not leaue their state to their posterity , wil dissipate the domain and worke out of it either profit or friends ; for so we see that the empire of Germanie is pluckt bare of her fairest feathers . Fourthly , for that occasions of war are hereby ministred ; & that , either whē one taketh his repulse for indignity ; vpō which ground Frauncis the first , king of Fraūce , could neuer be driuē out of practise against Charles the 5. emperor ; or els whē by means of factiōs many are elected , as it happened in Almaine when Lewes of Bauier , and Albert of Austria were elected Emperors , wherupon eight yeers warre betweene them did ensue ; and as it often happened in the Empire of Rome , when one Emperour was chosen by the Senate , and another by the Soldiers , and sometimes by euery legion one ; whereby such fiers were kindled , as could not bee quenched without much bloude . For these warres are most cruelly executed ; because the quarrell leaueth no middle state inter summum & praecipitium ; betweene the highest honour and the deadliest downefall . For these and diuers other respectes , it hath bin obserued , at most times in all nations , and at all times in most , that the roialtie hath passed by succession , according to propinquitie of bloud . We read that Ptolomie , who after the death of Alexander the great seazed vpon Aegypt , and part also of Arabia and of Africk , left that state to his youngest sonne : but Trogus saide , and out of him Iustine i , that it was against the lawe of Nations , and that vpon this occasion one of them did worke the death of the other . And therefore when afterward Ptolomie surnamed Physcon , at the importunitie of his wife Cleopatra , would haue preferred his youngest son to the succession of his kingdom , Iustine saith k , that the people opposed themselues against it ; but Pausanias l more probably affirmeth , that they reuersed his order after his death . The same course was held in Italy by the Hetruscanes , Latines , and those Albanes from whome the Romanes tooke their originall . Liuie m writeth that Procas king of the Albanes appointed Numitor to succeede in his estate , but Amulius his yonger brother did vsurpe it by force : hereupon Dionysius Halicarnasseus n saith ; that Amulius held the kingdome against right , because it appertained to his elder brother . Among the Graecians , during the space of six hundred yeares , wherein they were gouerned by kings , we finde but Timondas and Pittacus who were elected , the one of Corinth , the other of Negropont ; the residue held their states by order of successiō , as Thucidides affirmeth , encoūtring therein the opinion of Aristotle . Liuy writeth o , that Perseus king of Macedon said , that by the order of Nature , the law of Nations , and the ancient custome of Macedony , the eldest sonne was to succeede in the kingdome . Diodorus Siculus p , and Iustine q doe report , that by this custom Alexander succeeded his father Amyntas , before his yonger brother Phillippe . Herodotus declareth that the same order was obserued amōg the Troianes ; affirming , that after the death of Priamus , the kingdom was not to deuolue vnto Alexāder , 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 vvhich Ilione , vvhen she the state did stay , The first daughter of Priamus , vvith royall hand did svvay . Out of which place Seruius Maurus doth collect , that women also did vse to gouerne . But more plainely this custome of the Troianes doth appeare , by that which Messala Coruinus t writeth , that Troius had two sonnes , Ilus and Assaracus ; and that Ilus by priuiledge of his age succeeded in the kingdome . The Persians also , who for a long time held the reines of all the nations neere vnto them , had the same order of succession , as Zenophon u witnesseth ; which is also confirmed by two famous histories ; one between Artaxerxes & Cyrus , wherof Plutarch x maketh mention , the other between Artabazanes & Xerxes , reported by Herodotus y & Iustine z ; wherin Artabazanes alleaged , that it was a custome 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 terme it ) whereof it was capital for any man to drinke , but only the king and his eldest son . Whither this water were drawen out of the riuer Euleus , which inuironeth the tower Susis , & the Temple of Diana , wherof Pliny a writeth , that only the kings of Persia did drink ; or whether out of Choaspis , whose waters Herodotus doth report to haue bin boiled , & caried after the king in siluer vessels ; or whether both these were one riuer , I will neither determine nor discourse . In Siria , which is called Assiria ( as Herodotus , writeth ) & also Phoenicia , Palestina , & Mesopotamia , as appeareth by Pliny b Eusebius c & diuers other , the same custome is proued by that which Iustine d , & L. Florus doe write , that Demetrius , hauing bin deliuered by his brother Antiochus , king of Siria , for an hostage to the Romanes , & hearing of the death of Antiochus , declared to the senat in open assēbly , that as by the law of nations he had giuen place to his elder brother , so by the same law , the right of succession was then cast vpon him . The Parthians , who being thrice attempted by the Romans , in the time of their chiefest both discipline and strength , were able to beare themselues victorious , did alwaies acknowledge for their king , the next of the bloud of their first king Arsaces e . Among the Germaines also , who were of force to defeate fiue consulare armies of the Romanes , Tacitus f affirmeth that the eldest sonne did intirely succeede , onely the horses did fall to the most valiant . And that this was likewise the custome of the Iewes , it is euidēt by the whole history of their kings , especially where it is said g , that Ioram succeeded Iosaphat ; & the reason added , because he was the eldest . I should but burne day ( as the saying is ) in running further vpon particulars . Herodotus h doth aduow it to be a general custome among al men , that the first in birth is next in succession . Certaine ages after him S. Hierome i said , that a kingdom is due vnto the eldest . In late ages our selues may see , that the Tartars Turks , Persians , & all the Asiaticks haue no other form of cōstituting their kings . No other is folowed in all the countries of Africk . In the west Indies no other is yet discouered ; Insomuch as when Frances Pizaire , in the conquest of Peru , had slain Atibalippa the king therof , the people brake into shew , some of ioy , all of contentmēt ; because he had made his way to the kingdom , by murthering of his elder brother . In Europe it is not long since all the Monarchies were successiue . When the Empire of Almaine was made electiue , it became in short time so either troblesom or base , that diuers Princes refused to accept it : of late it hath bin setled in one family , but hath as yet litle increased either in dignity or in power . The people of Denmarke , Sweden , Hungary , and B●eme , doe chalenge to themselues a right of election , but they accept their king by propinquitie of bloud . So they did in Polonia , vntill the line of Iagello was worne out , and then they elected for king , Henry duke of Aniou in France : since which time , they haue alwaies in the change of their kings , exposed their state to faire danger of ruine . Vpon this both generall and continuall custome Baldus k saith , that kingdomes are successiue by the law of nations ; affirming further , l that alwayes it hath beene , & alwayes it shall bee , that the first borne succeedeth in a kingdome : wherein he is either followed or accompanied with open crie of al the choise interpreters of both lawes ; as namely the Glossographer , Iohan. Andreas , Hostiensis , Collect. Pet. Anchoranus , Antonius , Imola , Card. Florentinus , Abb. Panormitanus m , Oldradus n , Albericus o , Angelus p , Felinus q , Paul. Castrensis r , Alexander s , Barbatius t , Franc. Curtius u , Guido Pape x , Card. Alexander y , Philip . Francus z , Iason a , Philippus Decius , Carol . Ruinis c , Anto. Corsetta d , Ripa e , Calderine f , Alciate g , and manie other of somewhat more ordinarie name . Who all with full voice do agree , that in kingdomes and other dignities , which cannot bee either valued or diuided but they are dismembred , the eldest son doth entirely succeed . And this manie of them do call the law of all Nations , deriued from the order of nature , and from the institution of God ; and confirmed by the Canon , ciuil and other positiue lawes . For the succession of children , is one of the primarie precepts of nature h : whereby his mortalitie is in some sort repaired , & his continuance perpetuated by his posteritie . But among al the children , nature seemeth to preferre the first borne , by imprinting in the mind of parents the greatest loue and inclination towards them , as diuers of the authors before alleaged do affirm ; & as it may appeare by that of the prophet Zacharie i , And they shall lamēt ouer him as men vse to lament in the death of their first borne : and likewise by that which is said of Dauid , that he would not grieue his sonne Ammon , for that he loued him , because he was his first borne . Hereupon Lyra l , and before him Saint Augustin and Saint Chrysostome n do affirme that the last plague of the Egyptians , which was the death of their first borne , was the most sharpe and heauie vnto them . For nothing ( saith Saint Augustin o ) is more deare then the first borne . Aristotle , Plinie p , Aeltane q , and Tzetzes do write , that the same affection is also found in certaine beasts . s And to this purpose is that which Herodotus r reporteth , t , that when the Lacedaemanians had receiued an oracle , that they should take for kings the two sonnes of Aristodemus and Aegina , but giue most honor vnto the eldest , and they were ignorant which was eldest , because the mother and the Nurse refused to declare it ; they obserued which of the children the mother did wash and feed first , and thereby found out that Eristhenes was the eldest . Lucian u citeth the loue of the first borne , as growne into a prouerbe . Gregorie Nazianzene saith x , that all men haue a sense thereof . Saint Ambrose y writeth , that in this respect God called the people of Israel his first borne z , for that they were , not most ancient , but best beloued . Lastly S. Chrysostome affirmeth that the first borne were to be esteemed more honorable then the rest . And this naturall precedence both in honour and in fauour , seemeth to be expressely ratified by God ; first where he said vnto Cain , of his brother Abel b , His desires shall be subiect vnto thee , and thou shalt haue dominion ouer him : according to which institution , whē Iacob had bought his brothers right of birth , Isaak blessed him in these words c Bee Lord ouer thy brethren , and let the sonnes of thy mother bow before thee : Secondly , where he forbiddeth the father to disinherit the first sonne of his double portion ; because by right of birth it is his due d : Thirdly , where he maketh choise of the first borne to be sanctified to himselfe . And whereas God hath often preferred the youngest , as Abel , Isaac , Iacob , Iuda , Phares , Ephraim , Moses , Dauid , Salomon , and others ; it was no other then that which Christ f said , that manie that were last should be first : and that which Saint Paul hath deliuered g , that God hath chosen the weak , and base , and contemptible things of this world , least any flesh should glorie in his sight . So hath Herodotus written h how Artabanus the Persian , in complaining maner did confesse , that God delighted to depresse those things that were high . But if the first borne die before succession fall ; or if being possessed of the kingdom , he die without issue ; his right of birth deuolueth vnto the next in bloud : and if he dieth in like maner , then vnto the third , and so likewise to the rest in order . This is affirmed by Albericus i ; and may be confirmed by that which Baldus saith k , that succession hath reference to the time of death , and respecteth the prioritie which is then extant l . And againe m , He is not said the first borne in lawe , 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 o ; Primus is dicitur ante quē nemo sit , He is first who hath none before him . Iaco. A retinus , Cinus , Albericus and Baldus doe forme this case p : There is a custome , that the first borne of the first mariage shoulde succeede in a baronnie ; a certaine baron had three wiues ; by the first he had no children , by the other two manie ; the first sonne of the second mariage shall succeede : because ( as the glossographer there saith ) the second mariage in regarde of the thirde is accompted first . Baldus p dooth extende it further ; that if hee hath a sonne by the first mariage ; and hee refuse the baronie , the first sonne by the second mariage shall succeede in his right : and so hee saith it was determined in the kingdome of Apulia , when Lewes the kings eldest sonne was professed a friar . And this decision is allowed by Alexander q , Oldradus r , and Antonius Corsetta s : and is prooued by plaine text of the canon law , both where the second borne is called first borne , whē the first borne hath giuen place t ; and also where he is called the onlie sonne u , whose brother is dead y . But because it is a notorius custome that the neerest in bloud doth succeede , although perhaps remoued in degree , I wil labour no more to loade it with proofe : for who wil proclaime that the sunne doth shine ? But if we should now graunt vnto you ( which is a greater curtesie , then with modesty you can require ) that no particular forme of gouernement is naturall : what will you conclude thereof ? what inference can you hereupon enforce ? That there is no doubt but the people haue power to choose and to chaunge the fashion of gouernment , and to limitte the same vvith vvhat conditions they please . What Sir ? can you finde no thirde ? but that either one forme of gouernment is naturall , or that the people must alwaies retaine such libertie of power ? haue they no power to relinquish their power ? is there no possibilitie that they may loose it ? whether are you so ignorant to thinke as you speake , or so deceitfull to speake otherwise then you thinke . There is no authoritie which the people hath in matters of state , but it may bee either bound or streightned by three meanes . The first is by cession or graunt : for so the Romans by the law of royaltie y yeelded all their authoritie in gouernment to the Prince . Of this lawe Vlpian z maketh mention ; and Bodin a reporteth that it is yet extant in Rome grauen in stone . So the people of Cyrene ; of Pergame and of Bithynia , did submit themselues to the Empire of the Romanes . So the Tartarians commit absolute power both ouer their liues and their liuings to euerie one of their Emperours : & so haue our people manie times cōmitted to their king the authoritie of the parliament either generallie , or els for some particular case . For it is held as a rule , that any man may relinquish the authoritie which he hath to his owne benefit & fauour b . Neither is he againe at pleasure to be admitted to that , which once hee did thinke fit to renounce c . And as a priuate man may altogether abādon his free estate , and subiect himselfe to seruile condition d , so may a multitude passe away both their authoritie and their libertie by publike consent . The second is by prescription and custome , which is of strength in all parts of the world , least matters should alwaies float in vncertaintie , and controuersies remaine immortall e . And that this authoritie of the people may be excluded by prescription , it is euident by this one reason , which may be as one in a third place of Arithmeticke , in standing for a hundred . Euerie thing may be prescribed , wherein prescription is not prohibited f : but there is no lawe which prohibiteth prescription in this case ; and therefore it followeth that it is permitted . And generallie , custome doth not only interpret law g , but correcteth it , and supplieth where there is no lawe h : in somuch as the common lawe of England , as well in publick as priuate controuersies , is no other ( a fewe maximes excepted ) but the common custome of the Realme . Baldus saith i , that custome doth lead succession in principalities , which Martinus k aduiseth to fixe in memorie , because of the often change of Princes : and the particular custome of euerie nation is at this day , the most vsuall and assured law betweene the Prince and the people . And this doe th● Emperours Honorius and Arcadius l , in these wordes cōmand punctuallie to be obserued : Mos namque retinendus est fidelissimae vetustatis : the custome of faithful antiquitie must be retained : which place is to this sense ballanced by Pau. Gastrensis , Frane . Aretinus , and Phil. Corneus ; who termeth it a morall text . The like whereto is found also in the Canon lawe , k : and noted by the Glossographer l , Archidiaeonus m , Romanus n , and Cepola . Neither were the Fathers of the Nicene councel of other opinion , who thus decreed : Let auncient customes stand in strength p : Whereto also agreeth that old verse of Ennius , o Moribus antiquis res stat Romana virisque : Customes and men of oldest sort ; The Romane state do best support : which is cited by Saint Austin q ; and esteemed by Cicero r both for breuitie and truth , as an oracle . To the same sense Periander of Corinth said s , that old lawes and new meates were fittest for vse : which saying Phauorinus in Gellius did in this manner a little vary : Liue after the passed manner , speake after the present t . Hereto also pertaineth that edict of the censors mentioned by Suetonius , & Aul. Gellius x : Those things which are beside the custome and fashion of our Elders , are neither pleasing , nor to be adiudged right y . Of this point I shall haue occasion more particularlie hereafter to write . The third meanes whereby the people may loose their authoritie , is by way of conquest . For howsoeuer Saint Augustine z , and after him Alciate a , doe disallowe ambition of enlarging Empire ; and tearme warres vpon this cause great theeueries b : Whereupon Lucane , and his vncle Seneca d , called Alexander the Great , a great robber of the world e , Yet there is no doubte but the sentence of victorie , especiallie if the war was vndertakē vpon good cause ( as the conqueror being made his own arbitrator wil hardlie acknowledge the contrarie ) is a iust title of acquisition f ; reducing the vanquished , their priuileges , liberties and whole estate , vnder the discretion of him that is victorious . Caesar sayth ; He geueth all that denieth right g : which sentence is approoued by Couaruuias h ; affirming , that the victor maketh all which his sword tou●heth to be his owne . So sayth Baldus i , that he doth his pleasure vpon the vanquished : and againe Caesar in the speech of Ariouistus ; it is the law of armes , that the victorious should commād those whom they haue subdued , euen as they please . Clemens Alexandrinus saith , the goods of enemies are taken away by right of warre . Isocrates hath written , that the Lacedaemonians did by title of victorie in this sort maintaine their right . We hold this land giuen by the posteritie of Hercules , confirmed by the Oracle of Delphos , the inhabitantes thereof being ouercome by warre . Which was not much vnlike that which Iephte captaine of Israell expostulated with the Ammonites . Are not those things thine which Chamos thy God hath possessed ? but whatsoeuer the Lord our God hath conquered , pertaineth vnto vs. Yea , God doth expressely giue to the people of Israel , the cities which they should subdue ; some into ful possession , others into seruitude & subiection : by which title Iacob also had giuen to Ioseph his partage among his brethrē , euen the land which he had taken frō the Amorites with his sword and with his bow . It was vsuall to the Romans , and as Appian saith q , iust , to retaine principall or direct dominion , in al thinges which they brought vnder the sway of their sworde . Brissonius r hath collected certaine examples of the forme of yeelding vnto the Romans , whereby al prophane & sacred , al humane and diuine matters were submitted vnto them . Seeing therefore that the people may so many wayes loose both their power and their right in affaires of state , is not your ignorance aduenturous so generallie to affirme , that if no one forme of gouerment bee naturall , there is no doubt but the people haue power both to alter and limit the same , as they please ? Can no lawe , no custome , no conquest restraine them ? Your pen doth range , and your iudgement rage beyond al compasse and course of reason . You should haue said , that there is no doubt , but if by al or any of these meanes , the right both of succession and gouernment be setled in one familie , according to propinquitie and prioritie of bloud , the people may neither take away nor varie the same : and if they doe , they commit iniustice , they violate the law of nations , whereby they expose themselues , not onlie to the infamie and hate of al men , but to the reuenge of those who wil attempt vppon them . For it is not onlie lawfull but honourable , for any people , either to right or reuenge the breach of this lawe ; against them which contemne it , as monsters ; against them who knowe it not , as beasts . Saint Augustine saith s ; If a Citie vppon earth should decree some great mischiefes to be done , by the decree of mankind it is to be destroied . And as in the state of one countrey any man may accuse vpon a publicke crime , so in the state of the world , any people may prosecute a common offence : for as there is a ciuill band among all the people of one nation ; so is there a natural knot among al men in the world . You close your conclusion with this conceit , that the word naturall Prince , or naturall successor , is to be vnderstood of one , who is borne within the same Realme , and that it is ridiculous to take it , as though anie prince had natural interest to succeed . But what construction wil you then make of that which Herodian deliuereth s , in the speech of Commodus the sonne of Marcus ? Now hath fortune giuen me vnto you for prince in his stead , not drawen into the state , such as they were , who were before me ; nor as one that glorieth in the purchase of the Empire ▪ for I onlie am borne vnto you and brought vp in the court , neuer swathed in priuate cloathes , but so soone as I was borne the imperiall purpure did receiue me , and the sun beheld me at once , both a man and a prince . Consider these things , t and honour your prince by right , who is not giuen , but borne vnto you . Girard goeth further in writing of Charles the Simple , that he was king before he was born . Say therefore againe , that it is ridiculous to take the word natural prince , for one that hath right of succession inherent in him by birth ; and I wil say that this mirth wil better beseeine a natural indeede , then any man that is wise . But let vs now consider the further passage of your discourse ; both how you are able to fortifie this foundation , and what building it is able to beare . TO THE SECOND CHAPTER , which is intituled , Of the particular forme of Monarchies and kingdomes , and the different lawes whereby they are to bee obtained , holden and gouerned in diuers countries , according as each common wealth hath chosen and established . IN this chapter you spend much speech in praising a monarchie , and preferring it before the gouernment of manie ; which you doe to no other end , but to insinuate your selfe either into credit , or aduantage to drawe it downe ▪ euen as Ioab presented Amasa with a kind kisse , to winne thereby opportunitie to stab him a . For in the end b you fetch about , that because a Prince is subiect , as other men , not onely to errours in iudgement , but also to passionate affections , in his will ; it was necessarie , that as the common wealth hath giuen that great power vnto him , so it should assigne him helpes for managing the same . And that a Prince receiueth his authoritie from the people , you proue a little before c , for that Saint Peter tearmeth kings Humane creatures , which you interpret to bee , a thing created by man ; because by mans free choise , both this forme of gouernment is erected , and the same also laide vpon some particular person . I know not in what sort to deale with you , concerning this interpretation . Shall I labour to impugne it by arguments ? Why , there is no man that wanteth not either iudgement or sinceritie , but vpon both the naturall and vsuall sense of the words , hee will presently acknowledge it to bee false . Shall I go about either to laugh , or to raile you from your errour , as Cicero in the like case perswaded to doe ? But this would bee agreeable neither to the stayednesse of our yeeres , nor the grauitie of our professions . I am now aduised what to doe ; I will appeale , as Machetes did before Philip of Macedon , from your selfe asleepe , to your selfe awake ; from your selfe distempered by affection , to your selfe returned to sobrietie of sense . Do you thinke then in true earnest , that a humane creature is a thing created by man , or rather that euery man is a humane creature ? Is a brutish creature to be taken for a thing created by a beast ? Spirituall , Angelicall , or anie other adiunct vnto creature , what reference hath it to the Authour of creation ? And if it were so , then should al creatures be called diuine , because they were created by God , to whom onely it is proper to create ; and in this verie point , Saint Paul saith , that all authoritie is the ordinance and institution of God. Neither needeth it to trouble vs that Saint Peter should so generally inioine vs to be obedient to all men , no more then it troubled the Apostles , when Christ commanded them to preach to all creatures d ; according to which commission , Saint Paul did testifie , that the Gospell had beene preached to euerie creature vnder heauen : but Saint Peter doth specifie his generall speech , and restraine his meaning to kings and gouernours ; in which sense Saint Ambrose citeth this place , as it followeth : Bee subiect to your Lords , vvhether it bee to the king , as to the most excellent , &c. This interpretatiō not only not relieuing you , but discouering very plainly either the weaknesse or corruption of your iudgement , it resteth vpon your bare word , that kings haue receiued their first authoritie from the people ; which although I could denie , with as great both countenance & facilitie , as you affirme , yet will I further charge vpon you with strength of proofe . Presently after the inundation of the world , we find no mention of politike gouernement , but onely of oeconomical , according as men were sorted in families : for so Moses hath written g , that of the progenie of Iapheth , the Iles of the Gentiles were deuided after their families . The first , who established gouernment ouer manie families , was Nimrod the sonne of Cush , accounted by Saint Chrysostome h the first King : which authoritie hee did not obtaine by fauour and election of anie people , but by plaine purchase of his power . Heereupon Moses calleth him a mightie Hunter i , which is a forme of speech among the Hebrues , whereby they signifie a spoiler or oppresser . And this doth also appeare by the etymologie of his name ; for Nimrod signifieth a rebell , a transgressour , and as some interpret it , a terrible Lord : and names were not imposed in auncient times by chance or at aduenture , as Plato k , one of natures chiefe secretaries , and among the Latin writers Aul. Gellius l doe affirme . Many hold opiniō , that this Nimrod was the same , whom the Grecians cal Ninus : which seemeth to be confirmed by that which Moses saith m , that hee did build the Citie of Niniue . Of this Ninus , Iustine writeth n that he was the first who held that which hee did subdue ; others , satisfied with victorie , aspired not to beare rule . Nimrod foūded the empire of the Assyrians , which continued by succession in his posterity , vntil it was violently drawn frō Sardanapalus to the Medes . From them also Cyrus by subuersion of Astyages did transport it to the Persians ; and from them againe the Grecians did wrest it by conquest . After the death of Alexander , his captaines without any consent of the people , made partition of the empire among them ; whose successors were afterwards subdued by the armies and armes of Rome . And this empire , beeing the greatest that euer the earth did beare , was in the end also violentlie distracted , by diuers seueral either conquests or reuolts . Leo After writeth , that it is not a hundred yeares , since the people of Gaoga in Africk had neither king nor Lord , vntill one hauing obserued the greatnesse and maiestie of the king of Tombute , did enterprise to attaine soueraigntie aboue them ; which by violence he effected , and left the same to his posteritie . And because I will not bee tedious in running through particulars , giue you an instance of anie one people , which hath not diuers times receiued , both Prince and gouernment by absolute constraint , Et Phillidasolus habeto ; and I will yeeld to all that you affirme . But failing herein , you shall bee enforced to confesse , that in manie , yea in most , if not in all countries , the people haue receiued libertie , either from the graunt or permission of the victorious Prince , and not the prince authoritie from the vanquished people . What helpes nowe doe you imagine , that the people haue assigned to their Prince ? The first , you affirme to be the direction of lawes . But it is euident , that in the first heroicall ages , the people were not gouerned by anie positiue lawe , but their kings did both iudge and commaund , by their word , by their will , by their absolute power ; and , as Pomponius saith * , Omnia manu a reg●bus gubernabantur : Kings gouerned all things : without either restraint or direction , but onely of the lawe of nature . The first lawe was promulged by Moses ; but this was so long before the lawes of other nations , that Iosephus writeth * , It was more ancient then their gods : affirming also , that the word Law is not found in Homer , or in Orpheus , or in anie Writer of like antiquitie . Of this law of nature Homer maketh mention in these words : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : And they who keepe the lawes which God hath prescribed . And againe , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Vnciuill and vniust is he , and wanting priuate state , Who holdeth not all ciuill war in horror and in hate . And of the iustice of kings he writeth in this maner . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . In which verses Chrysostome affirmeth q by the iudgment of Alexander , that Homer hath delineated the perfect image of a King : but that hee maketh mention of anie positiue lawes , I doe rather doubt then assuredlie denie . For Kings in auncient times did giue iudgment in person , not out of any formalitie in lawe , but onlie according to naturall equitie . Virgil saith r : Hoc Priami gestamen erat cumiura vocatis More daret populis . This was the robe which Priamus did alwaies vse to weare , When he the people to him called , their causes for to heare . Which he doth also affirme of Aeneas s , Dido t and of Alcestes u . The like doth Herodotus report * of Midas king of Phrygia , who consecrated his tribunall to Apollo : and the like also dooth Plutarch x of diuers kings of Macedonia : Philarchus affirmeth in Athenaeus , that the kings of Persia had palme trees and vines of goulde , vnder which they did sit to heare causes . But because it grew both troublesome & tedious , for al the people to receiue their right from one man y ; lawes were inuented , as Cicero saith , and officers also appointed to execute the same . Another original of lawes was thus occasioned : When anie people were subdued by armes , lawes were laid like logs vpon their necks , to keepe them in more sure subiection : which both because it is not doubtful , and to auoid prolixitie , I will manifest onlie by our owne example . When the Romans had reduced the best part of this Iland into the forme of a prouince ; as they permitted libertie of lawe to no other countrie vnder their obedience , so here also they planted the practise of their lawes : and for this purpose they sent ouer manie professors , and among others Papinian , the most famous both for knowledge and integritie , of all the authors of the ciuill lawe . Againe , when the Saxons had forced this Realme , and parted it into seauen kingdomes , they erected so manie settes of law ; of which onelie two were of continuance , the Mercian lawe ; and the West Saxon law . After these the Danes became victorious ; and by these newe Lordes new lawes were also imposed , which bare the name of Dane-lawe . Out of these three lawes , partlie moderated , partlie supplied , King Edward the confessor composed that bodie of lawe , which afterwardes was called Saint Edwards lawes . Lastly , the Normans brought the land vnder their power ; by whom Saint Edwards lawes were abrogated , and not onlie new lawes , but newe language brought into vse ; in somuch as all pleas were formed in French ; and in the same tongue children were taught the principles of Grammar . These causes wee find of the beginning of lawes ; but that they were assigned by the people for assistance and direction to their kinges , you bring neither argument , nor authoritie for proofe ; it is a part of the drosse of your owne deuise . The second helpe , which you affirme that common wealthes haue assigned to their kings , is by parliaments and priuie councelles . But Parliaments in al places haue bin erected by kings ; as the parliament of Paris and of Montpellier in Fraunce , by Philip the Faire ; the parliament in England by Henrie the first ; who in the sixteenth yeare of his raigne a , called a councell of all the states of his realme at Salisburie , which our Historiographers do take for the first Parliament in England ; affirming that the kings , before that time , did neuer call the common people to counsell . After this the priuie councell at the instance of the Archbishop of Canterburie , was also established ; and since that time , the counsellors of state haue alwaies bin placed by election of the Prince . And that it was so likewise in auncient times , it appeareth by tha● which Homer writeth : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 First hee established a councell of honorable old men : And likewise by Virgill . — gaudet regno Troianus Acestes . Indicitque foru , et patribus dat iura vocatis : Acestes of the Troiane bloud in kingdome doth delight , He sets a Court , and councell cals , & giues ech man his right . I will passe ouer your course , foggio , drowsie conceite , that there are few or none simple monarchies in the world , ( for it would tire : any ●to toyle after your impertinent errours ) and wil now rip vp your packet of examples , whereby you indeuour to shew , that the power of kings hath bin brideled by their subiects . But what do you infer hereby ? What can you inforce ? will you rake ouer al histories for examples of rebellion , and then argue , a facto ad ius ; that euerie thing is lawful which you finde to haue bin done ? Iustinian sayth : Non exemplis , sed legibus iudicandum * : We must iudge facts by lawe , and not lawe by facts , or by examples : which Alciate and Deciane do terme a golden lawe ; because there is no action either so impious or absurd , which may not bee paralleled by examples . Will you prooue it lawful to vse fleshlie familiaritie with the sister , with the mother in law , with the natural mother ? You haue the example of Cambyses for the first , Caracalla for the second , Dionysius and Nero for the third . The Iewes vppon whom God had setled his choise , did at times ( beside many other enormities ) erect male stewes . Of the two nations , whose examples you vse , the Romans and the Lacedaemonians , the first did the like vnder diuers emperours , as Lampridius writeth ; and in more auncient times allowed also parricide of children d : the other would sort themselues by fifteene and twentie families together , and hold both wiues and goods in common . I omit the vnnatural customes of diuers other nations ; and will now declare , how in straining a fewe examples to countenance your conceit , you are constrained to beare your selfe no lesse cunning in concealing truthes , then bold in auouching things which are , not only vncertaine , but plainely false . It is true which you write , that the kings of Sparta , by the institution of Lycurgus , were obedient to the officers called Ephori ; but these were titular kings , hauing no other power but a single voice among the Senators : and because all affaires were caried by consent of the people , the estate was then esteemed popular . Afterwards Theopompus , by pretence of an Oracle , drew this authoritie from the people , to a Senate of thirtie ; whereby the gouernment did change into an Aristocracie ; & yet the naked name of kings was retained . By this shuffling of rule the Lacedaemonians were continually tossed with tempests of sedition , ceasing not to wade in their owne bloud ( as before you haue acknowledged ) vntill in the end they were brought into subiection ; first , by the Macedonians ; afterward by the Achaeans ; and lastly by the Romans . I will not say now what reason haue we ? but what a shame is it for vs , to open our cares to these Vtopicall state-writers ? who being mellowed in idlenesse , & hauing neither knowledge nor interest in matters of gouernment , make new models vpon disproportioned ioints , borrowed from nations most different in rule . You affirme by the testimonie of Liuie , that for offence taken against Romulus , because hee raigned at pleasure , and not by law , the Senators did cut him in peeces : in which short assertion many base vntruths are included , beneath the degree of anie vile word . Liuie writeth that he sorted the people into order , and gouerned them by lawes e , and that hee was also both aduised and valiant in the field ; euen such a one as Homer describeth : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Both a good king , and couragious commander . Concerning his end , Liuie writeth , that in taking muster of his armie , a thicke tempest did arise , after which he was neuer seene ; wherein he is seconded by Solinus , Eutropius and the rest : only Liuie addeth , that there was a rumor , but verie obscure , without any certaine either authour or ground ; I will adde also without probabilitie , that he was torne in peeces . For howe probable is it , that such a fact , in the open view of his armie , could bee verie obscure ? how probable is it also , that the people would first teare him in peeces for his iniustice , and then worship him for a God ? Further , with what either confidence or conceit doe you alleage this report of Liuie , for his opiniō ? I find your fetch ; you apprehend euerie thing which may , if not confirm , yet countenance that doctrine , which lately you haue drawne out of Cerberus denne ; That it is lawfull to contriue the death of kings . That the people were grieued against Seruius Tullius for raigning without election : it is a meere fantasie , a dreame , a deuise . Liuie faith f , that hee was declared king with such a consent , as no man had bin before him . That Tarquinius neglected the lawes of gouernment prescribed to him by the common wealth , it is an ougly vntruth . Liuie saith , that he brake the auncient manner of kings before him : but for lawes Pomponius affirmeth g , that at that time the Romans had no lawes but from their kings , and that Sextus Papirius reduced them into one volume , which was called the ciuill law of Papirius h , and that when the people expelled their kings , they abrogated their lawes also , and remained twentie yeares without any law . Lastly you adde , that the Romans did expell their kings , and erect Consuls in their steed : but you suppresse that which followed , which I hold for a common consequence of the like disorder : First , that for this cause , they were presently almost ouerwhelmed with warres : secondly , that in this state , they neuer enjoyed long time free from sedition : lastly , that as Tacitus saith , i there was no meanes to appease these tumults , but by returning to a monarchie againe . All this I write , rather to manifest the maner of your dealing , then that I hold it much regardable what Romans did . Your examples of our present age I will wrap vp in these few words . All nations , very few excepted , do consent in this forme of gouernment ; first , to bee vnder one Prince ; secondly , to accept him by succession , according to propinquitie of bloud : in other circumstances , either for in augurating their prince , or for the maner of managing and executing his gouernment , not two nations in the world in all points do agree . And yet is not this diuersitie raised , by any lawes which the people doe prescribe vnto their Prince , as you doe most grossely , yea peeuishly , yea maliciously affirme ; but by the particular lawes and customes of euerie nation , in which the consent of the Prince , either secret or expresse , sometimes onely is sufficient , alwayes principally doth concur . Vpon this diuersitie of customes you conclude , that it sufficeth not to alleage bare propinquitie of bloud . What ? not where that custom is established ? as I haue declared it to bee in most nations of the world ? doth difference of customes make all custom void ? doth diuersitie of custome in some circumstances take away the principall custome of succession by bloud ? This cleaueth together no surer then sand ; you loose both labour and credit in obtruding vnto vs these weake and loose arguments , without either force of reason or forme of Art. Your instance of the lawe Salicke in France , doth offer occasion to enter into a large fielde , wherein I could plainlie prooue , that there was neuer anie such lawe made to bind the discent of the crowne of Fraunce ; and that it hath bin the custome in most parts of the world , not to exclude women from succession in state : in so much as Beda k and before him Eusebius l , and Plinie m do● write , that certaine people were gouerned onlie by Princes of that sex . But because this is a matter both of long discourse , and not proper to our purpose , I wil conteine my selfe within this obseruation ; That the exclusion of King Edward the third from the crowne of Fraunce , vppon this pretence , was the cause of the effusion of their brauest bloud , and of the spoile , wast , and conquest of all that Realme . I acknowedge that the English haue lost the possession of that conquest ; and that was by meanes of domestical warres , for excluding the neerest in bloud from the crowne ; into which vnquiet quarrell , you doe now endeuour againe to imbarke vs. Yet no man can assure that the miseries of Fraunce for this cause are at an end . Rammes recoile to strike harder : we are gone rather backe then away : I will not presage , but anie man may coniecture , that our minds and our meanes will not alwaies want the fauour of time . After all this you proceede a degree further : that it is lawfull vpon iust considerations , not only to put backe the next inheritour of the crowne , but also to remoue him who is in full possession thereof . And y● is plaine ( you say ) not onely by the grounds before by you alleaged , but also by example of the Romans & Graecians : & because God hath commonlie concurred in such iudiciall actions of the state ; not onely in prospering them , but in giuing them also some notable successour . And yet you protest you are far from their opinion , who vpon euerie mislike are readie to band against their Prince ; and that you esteem the tenure of a crown , if once it be setled , the most irregular , whereto euery man is bound to settle his conscience , without examination of title or interest ; but onely by the supreme law of Gods disposition , who can dispence in what he listeth : and that notwithstanding you are as farre , from the abiect flatterie of Billaie and others ; who affirme , that Princes are subiect to no law or limitation at al , and that they succeed by nature and birth onely , and not by admission of the people ; and that there is no authoritie vnder God to chasten them . These you call absurd paradoxes ; and herewith you settle your self to shewe in the next Chapter , what good successe hath insued the deposition of Princes . Concerning your protestation , wee may say vnto you as Isaac said to his sonne Iacob n . The voice is Iacobs voice , but the hands are the hands of Esau : You speake faire , and therewith also well ; but the maine drift of your discourse , is nothing else but a tempestuous doctrine of rebellion and disorder : you being therein like the boatman , who looketh one waie and pulleth another ; or rather like the image of Ianus , which looked two contrarie waies at once . It is a rule in lawe ; That a protestation contrarie to a mans act , will not serue to relieue him o : onlie this shal serue to conuince you , either of false or of forgetful dealing , when we come to that place where in flat words you maintaine the contrarie . Concerning the querele which you lay against Billaie ; as I haue not seene what he hath written , so wil I not interpose betweene him and you . I neuer heard of christian prince who challenged infinite authoritie without limitation of any law , either natural or diuine . But where you terme it an absurd paradoxe , that the people should not haue power to chasten their Prince , and vpon iust considerations to remoue him ; I am content to ioine with you vppon the issue . And first I note the maner of your dealing , in that you haue omitted to expresse what these iust considerations may be . For seeing there hath bin no king , who is not noted of some defects ; and againe , no Tyrant , who hath not manie commendable partes ( as Plutarch writeth p that Dionysius excelled most princes in diuers pointes of iustice and vertue ) it is a matter of dangerous consequence , to leaue these considerations vndetermined and at large . But who seeth not , that you do it out of pollicie , that you may vpon euerie particular occasion , declare such causes to be sufficient as you please ? How then doe you proue , that vpon anie cause , the people haue power to dispossesse their prince ? This is plaine ( you say ) not onlie by the groundes before by you alleaged , but also by example of y● Romans & Graecians . The grounds by you alleaged , are two . One in your first Chapter , that because no one forme of gouernment is natural , the people haue power both to choose , and to change , and to limit it as they please . The other ground is in this Chapter ; that because there are diuers lawes and customes in matters of principalitie , it sufficeth not to alleage bare propinquitie of bloud . Why ; but had you no text of scripture , no Father of the Church to alleage ? No lawe ? No reason ? No better example ? No surer grounde ? It is more then this which you bring against your selfe , in citing out of Saint Peter q ; The Lord knoweth to reserue the vniust vnto the daie of iudgement ; and especiallie them that despise gouernment , and speake euill of those that are in dignitie . And out of Saint Iude r : Likewise these dreamers despise gouernment , and speake euill of them that are in authoritie . Besides also , you haue alleaged out of Saint s Paule : Let euerie soule be subiect vnto the higher power ; for there is no power but of God : Whosoeuer therefore resisteth the power , resisteth the ordinance of God ; and they that resist shall receiue to themselues iudgment . And likewise out of S. Peter : t Submit your selues to euerie humane creature , whether it be to the king , or vnto gouernors ; for so is the will of God. To which places we maie likewise ad that , which S. Paule did write vnto Titus u : Put them in remembrance that they be obedient to the principalities & powers . And writing to Timothy * he exhorteth vs also to praie for them , that we may leade vnder them a peaceable life . But perhaps you wil say , that the Apostles did not meane this of wicked princes . Trifler : the Apostles spake generallie of al : Saint . Peter x maketh expresse mention of euil Lords . And what princes haue euer bin more either irreligious or tyrannical , then Caligula , Tiberius , Nero , the infamie of their ages , vnder whose empire the Apostles did both liue and write . Bellarmine the great master of controuersies perceiuing this to be vnanswerablie true , did in another sort rather cut then vntie the knot : affirming y that at that time it was necessarie to admonish the Christians to performe obedience to their kings , least the preaching of the Gospel might otherwise be hindred : which is as if in direct tearmes he should haue saide . Sir Kings : whilest our heads were vnder your girdle , we were content to curry fauour , by preaching obediēce vnto the people : but now we haue got the wind of you ; we must plainlie tel you , that you hold your crownes at their curtesie and fauour ; and haue no power in effect , but as lieutenants general . I know you wil make a sower face at this ; it will go very much against your stomackes ; but there is no remedie , you must take it down ; they are your good lords ; they may dispossesse you . Prophane Bellarmine : is Christian Religion a meere policie ? doth it applie it selfe onlie to the present ? Doth it turne alwaies with the time ? May the principal professors thereof say , as an infidel Moore did , whē he violated the faith which he had giuen vnto christians ? We haue no bone in our tongues that we cannot turne them which way we please . Wee seee plainlie that you say so : and it is as plaine , that it was far from the true meaning of the Apostles . S. Iude z writeth sharpelie against those , who had mens per●ons in admiration because of aduvntage . S. Paul also saith * : Goe I about to please men ? If I should please men , I were not then the seruant of Christ. I wil giue you an example of another time . Nabuchadnezzar king of Assyria , wasted al Palestina ; tooke Hierusalem ; slew the king ; burnt the Temple ; tooke away the holy vessels and treasure : the residue he permitted to the crueltie and spoile of his vnmerciful soldiers ; who defiled al places with rape , ruine and bloud . After the glut of this butcherie , the people which remained , he led captiue into Chaldaea , and there commaunded , that whosoeuer refused to worship his golden image , should be cast into a firie furnace . What crueltie , what impietie is comparable to this ? and yet the Prophets Ieremiah a and Baruch b did write to those captiue Iewes , to praie for the prosperitie and life of him , and of Baltazar his sonne , that their daies might be vpon earth as the daies of heauen : and Ezechiel c both blameth and threatneth Zedechia , for his disloialtie in reuolting from Nabuchadnezzar , whose homager and tributarie he was . What answere wil you make to this example ? I am wiselie busied to cast forth this question ; what answere can you make , which your owne knowledg will not conuince ? Many other places there are in holy Scripture , whereby not onely our actions are tied to obedience ; He that doth presumptuously against the ruler of the people shal die d : but also our words , Thou shalt not speake euill against the ruler of the people e ; yea , our secret thoughts : Detract not from the king , no not in thy thought ; for the foules of the aire shall carie thy voice f . The reason hereof is not obscure : Because princes are the immediat ministers of God g ; & therefore he called Nabuchadnezzar , his seruant h ; & promised him also hire & wages for the seruice which he did i . And the Prophet Esay k calleth Cyrus , a prophane & heathen king , the Lords annointed . For , as Salomon saith l , The harts of kings are in the hands of the Lord : & he stirreth vp the spirit , euen of wicked Princes to do his wil m : & ( as Iehoshaphat said to his rulers n ) they execute not the will of man , but of the Lord. In regard hereof Dauid calleth thē gods o ; whereof Plato also had some sense , when he said p , A king is in steed of god . And if they do abuse their power , they are not to be iudged by their subiects , as being both inferiour and naked of authoritie , because all iurisdiction within their realme is deriued from thē , which their presence only doth silence & suspend : but God reserueth them to the ●orest trial : Horribly and sodainly ( saith the wise man q ) will the Lord appeare vnto thē , and a hard iudgment shal they haue . You Iesuits do yeeld a blindfold obediēce to your superiours , not once examining either what hee is , or what he doth commād : & although the Pope should swarue frō iustice , yet by the canons r , men are bound to performe obedience vnto him , and God only may iudge his doings : and may a king , the Lords Lieutenant , the Lords annointed in the view of his subiects , nay , by the hands of his subiects , bee cast out of state ? May he , as was Actaeon , be chased and wooried by his own hounds ? Wil you make him of worse conditiō , then the Lord of a Manor ? then a parish priest ? then a poore schoolemaster , who cannot be remoued by those that are vnder their authoritie and charge ? The law of God cōmandeth that the child should die , for anie contumely done vnto the Parents . But what if the father be a robber ? if a murtherer ? if for all excesse of villanies odious & execrable both to God and man ? Surely hee deserueth the highest degree of punishment ; & yet must not the son lift vp his hand against him : for , as Quintilian saith s , No offence is so great , as to be punished by parricide . But our country is dearer to vs then our selues : & the Prince is the father of our country u : whose authoritie , as Baldus noteth * , is greater then of parents : and therfore he must not be violated , how impious , how imperious soeuer he be . If hee commaundeth those things that are lawfull , we must manifest our obedience by readie performing . If he inioine vs those actions that are euill ; we must shew our subiection by patient enduring . It is God only who seateth kings in their state ; it is he only who may remoue them . The Lord wil set a wise king ouer the people which he loueth , as himselfe doth testifie x . And againe , For the sins of the land the kings are changed y . As therefore wee endure with patience vnseasonable weather , vnfruitful yeares , & other like punishments of God ; so must wee tolerate the imperfections of Princes , and quietly expect either reformation , or els a change . This was the doctrine of the ancient Christians , euen against their most mortall persecuters . Tertullian saith z , For what warre are we not both seruiceable and readie , although vnequall in number , who doe so willingly endure to be slaine ? neither want we strength of number : but God forbid , that religion should be maintained with humane fire . From him also Saint Cyprian , a most studious reader of Tertullian , as Saint Hierome * noteth , in like maner writeth a : Although our people bee exceeding copious , yet it doth not reuenge it selfe against violence : it suffreth . Saint Augustin saith b : It is a generall paction of humane societie 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 thē all there is not one found , not anie one ; one is a small number ; and yet I say confidently againe , there is not anie one , who hath let fall so loose a speech , as may be strained to a contrarie sense : How then are you of late become , both so actiue & resolute to cut in sunder the reines of obedience , the verie sinewes of gouernment & order ? Whence had Benedetto Palmto , a Iesuite , his warrant , to incite William Parrie to vndertake the parricide of our Queene ? whence did Annibal Codretto , another Iesuite , assure him , that the true Church made no question , but that the fact was lawfull ? Whence did Guignard , a Iesuite , terme the butcherie of Henry late king of Fraunce , an heroicall act , and a gift of the holy Ghost ? Whence did he write of the king , who now there raigneth : If without armes he cannot be deposed , let men take armes against him ; if by warre it cannot be accomplished , let him bee murthered ? Whence did Ambrose Verade , rector of the colledge of the Iesuits in Paris , animate Barriers ( as he confessed ) to sheath his knife in the kings breast ; assuring him by the liuing God , that he could not execute anie act more meritorious ? Whence did the commenter vpon the epitome of Confessions , otherwise the seuenth booke of decretals , commend all the Iesuits in these termes d , They set vpon tyrants , they pull the cockle out of the Lords field ? It is a rule in nature , that one contrarie is manifested by the other . Let vs compare then your boisterous doctrine with that of the Apostles , and ancient Fathers of the Church , and we shall find that the one is like the rough spirit , which hurled the heard of swine headlong into the sea ; the other like the stil & soft spirit which talked with Elias f . Neither was the diuel euer able , vntil in late declining times , to possesse the hearts of Christians with these cursed opinions , which doe euermore beget a world of murthers , rapes , ruines & desolations . For tel me , what if the prince , whom you perswade the people they haue power to depose , be able to make & maintaine his partie , as K. Iohn and king Henry the third did against their Barons ? What if other princes , whom it doth concerne , as wel in honor , to see the law of Nations obserued , as also in policie , to breake those proceedings which may form precedents against themselues , do adioin to the side ? what if whilest the prince and the people are ( as was the frog and the mouse ) in the heate of their encounter , some other potentate play the kite with them both ; as the Turke did with the Hungarians ? Is it not then a fine peece of policie which you doe plotte ? or is it not a grosse errour to raise these daungers , and to leaue the defence to possibilities doubtfull . Goe too , Sirs , goe too , there is no christian country , which hath not by your deuises ben wrapped in warres . You haue set the empire on swim with bloud : your fires in France are not ye : extinguished : in Polonia & all those large countries , extending from the north to the east , you haue caused of late more battels to be fought , then had ben in 500 yeers before . Your practises haue heeretofore preuailed against vs : of late yeers you haue busied your selues in no one thing more , then how to set other christian princes on our necks ; stirring vp such store of enemies against vs , as , like the grashoppers of Egipt , g might fill our houses , and couer our whole land , and make more doubt of roome then of resistance . Our owne people also you haue prouoked to vnnaturall attempts : you haue exposed our country as a pray , to them that will either inuade or betray it ; supposing belike that you play Christs part well , when you may say as Christ did , h thinke not that I came to send peace , I came not to send peace but a sword . But when by the power & prouidēce of God , all these attempts haue rather shewen what good hearts you beare towards vs , then done vs any great harme ; when in all these practises you haue missed the mark , now you do take another ●ime : now hauing no hope by extremitie of armes , you indeuour to execute your mallice by giuing dangerous aduise : Now you goe about to entangle vs with titles , which is the greatest miserie that can ●all vpon a state . You pretend faire shewes of libertie & of power , Sed timeo Danaos & don● ferentes : Wee cannot but suspect the courtesies of our enemies : the power which you giue vs will pull vs downe ; the libertie whereof you speake will fetter vs in bondage . When Themistocles came to the Persian court , Artab●nus captaine of the guard , knowing that hee would vse no ceremonie to their king , kept him out of presence , and said vnto him : you Grecians esteeme vs barbarous , for honouring our kings , but we Persians esteeme it the greatest honour to vs that can be . The like answere will we frame vnto you : you Iesuits account it a bondage to be obedient vnto kings ; but wee Christians account it the greatest meanes for our continuance both free and safe . To the third Chapter , which is intitledOf the great reuerence and respect due to kings , and yet how diuers of them , haue ben lawfully chastised by their common wealthes for their misgouernment , & of the good & prosperous successe that God commonly hath giuen to the same , and much more to the putting back of an vnworthie pretender . THat princes may bee chastised by their subiects , your proofes are two : one is drawen from certaine examples ; the other from the good successe and successors which vsuallie haue followed . Surely it cannot be but that you stand in a strong conceite , either of the authoritie of your woord , or simplicitie of our iudgement ; otherwise you could not bee perswaded , by these slender threds to draw any man to your opinion . Of the force of examples I haue spoken before ; there is no villanie so vile which vvanteth example . And yet most of the examples which you doe bring , are either false , or else impertinent . For there haue beene diuers states , wherein one hath borne the name & title of king , without power of Maiestie . As the Romanes in the time of their consulate estate , had alwaies a priest , whom they entitled king , whose office consisted in certaine ceremonies & sacrifices , which in former times could not be performed but by their kings . Likewise the Lacedaemonians , after Licurgus had formed their gouernment retained two kings , who had no greater stroke in matters of state , then a single voice as other Senators . Such were in Caesars time many pettie kings of Gaule , who ( as Ambiorix king of Leige confessed ) were subiect to their Nobilitie , & iusticeable by them . Such are now the Emperours of Almaine ; because the puissance & Maiestie of the empire pertaineth to the states , who are sworne to the empire it selfe , and not to the person of the Emperour . Such are also the Dukes of Venice , the soueraignetie of vvhich state is setled in the gentlemen . In these and such like gouernments , the Prince is not soueraigne , but subiect to that part of the common wealth , which retaineth the royaltie and maiestie of state , whether it be the Nobilitie , or common people : and therefore your examples drawen from them is nothing to our purpose . Concerning successe , it cannot bee strange vnto you , that by the secret , yet iust iudgement of God , diuers , euill actions are carried with apparance of good successe The Prophet Dauid said , a that his treadings had almost slipt , by seeing the wicked to flourish in prosperitie : the prophet Ieremiah b seemed also to stagger vpon this point & it hath alwaies ben a dangerous stone in the way of the godly , whereat manie haue stumbled , and some fallen . Besides , it ordinarily happeneth that good princes succeede tyrants ; partly because they are so indeede , as being instructed to a better mannage of gouernment , both by the miserable life of their predecessors , and by the o●gly infamie which remaineth after their death : partly because by meanes of the comparison they both seeme , and are reported to bee farre better then they are . Heerevpon Lampridius saith of Alexander Seuerus : c I may also say , that Alexander was a good Prince by feare ▪ for that Heltogab●lus his predecessor was both an euill prince , and also massacred and slaine . Seing therefore the reason is so manifest , wherefore good princes should succeede tyrants , is it not rashnesse ? is it not impudencie ? is it not impietie for vs to wade with vncleane feete into Gods secret counsells , vnknowne to the Angells , and to iustifie vpon this euent the paricide of any prince ? For my part , I know not whether you shew your selfe more presumptuous in entering into this obseruation , or in pursuing it more idle and impure . I will passe ouer your protestation of respect and obedience due vnto Princes : protest what you please , wee will take you for no other then a vile ●inde of vermine , which , if it bee permitted to creepe into the bowels of any state , will gnaw the hart strings thereof in sunder . This you manifest by the course comparison which presently you annexe , that as a naturall body hath authoritie , to cure the head if it be out of tune , and reason to cut it off oftentimes , if it were able to take another ; so a body politick hath power to cure or cut off the head , if it be vnsound . But what either will or power hath any part of the body in it selfe ? what either sence for the one , or motion for the other , which proceedeth not altogether from the head ? where is the reason seated which you attribute to the body , both in iudging and curing the infirmities of the head ? Certaine it is , that in your cutting cure you deale like a foolish phisition , who finding a body halfe taken and benummed with a palsie , cutteth off that part to cure the other , and so make sure to destroy both . You suppose belike that to enter into greater perills , is the onely remedie of present dangers . I omit to presse many points of this comparison against you , because comparisons do serue rather to illustrate then inforce : and I know not what assertion you might not easely make good , if such sencelesse prating might goe for proofe . I come now to your particular examples , wherof the first is of King Saule ; whom you affirme to be depriued and put to death for his disobedience . Saule depriued and put to death ? I neuer heard that any of his subiects did euer lift vp one thought against him . Dreamer , you will say , hee was slaine by the Philistimes : good ; but who depriued him ; it was God ( you say ) who did depriue him ? You must pardon vs if vpon the sodaine wee doe not conceiue the misterie of your meaning : your vvords of depriuation and putting to death , doe rather import a iudiciall proceeding against him , thē that God deliuered him to be vanquished , by his enemies in the field . But vvhat is this to dispossessing by subiects ? yes , you say , because vvhat soeuer God hath put in vre in his common vvealth , may be practised by others . Why , but then also good princes may be deposed by their subiects ; because God deliuered Iosiah to be slaine by the Aegiptians . You firebrands of strife , you trumpets of sedition , you red horses vvhose sitters haue taken peace from the earth , d how impudently doe you abuse the scriptures ? how doe you defile them vvith your filchie fingers ? It is most certaine that Dauid knew , both because Samuel tould him , and because he had the spirit of prophesie , that God had reiected Saul , and designed him to be king in his place : yet his doctrine was alwaies , not to touch the Lords anoin●ed , wherto his actions vvere also answerable . For vvhen Saul did most violently persecute him , he defended himselfe no otherwise then by flight . During this pursuit , Saul fell twice in to his power ; once he dyd not onely spare but protect him , and rebuke the pretorian soldiers for their negligent vvatch : the other time his hart did smite him , for that he had cut away the lappe of his garment . Lastly , he caused the messenger to be slaine , vvho vpon request , and for pittie , had furthered ( as he said ) the death of that sacred King. Wee haue a precept of obedience , vvhich is the mould vvherein vvee ought to fashion our actions . God onely is superiour to princes ; vvho vseth many instruments in the execution of his iustice , but his aucthoritie he hath committed vnto none . Your second example is of king Amon , vvho vvas slaine ( as you vvright ) by his owne people ; because he vvalked not in the vvayes of the Lord. This is somewhat indeed if it be true ; let vs turne to the text . f Amon was xxii . yeeres ould when he began to reigne &c. and he did euill in the sight of the Lord &c. and his seruants conspired against him , & slew him in his house , and the people smote all those who conspired against king Amon , and made Iosiah his sonne king in his stead . But this is very different from that which you report . Amon was slaine by his seruants , and not by the people ; who were so far from working , that they seuerely reuenged his death . And although Amon was euill , yet the scripture laieth not his euill for the motiue whervpon his seruants slue him . The diuell himselfe in alleaging the scripture , vsed more honestie & sinceritie ( if I may so terme it ) then you : for he cited the very vvords , vvresting them onely to a crooked sence : but you change the vvords of the Scripture ; you counterfeit Gods coine , you corrupt the recordes vvhich he hath left vs. I vvill now shake of all respect of ciuilitie towards you , and tell you in flat and open termes ; that as one part of your assertion is true , that good Kings succeeded Saul and Amon ; so the other part , that either they vvere , or in right could haue bene depriued and put to death by their subiects , it is a sacrilegious , a logger-headed lye . Of your example of Romulus I haue spoken before . I haue declared also how the Romanes , presently after the expelling of their kings , & for that cause , were almost ouerwhelmed with the weight of warre ; being beaten home to the very gates of their citie . And had not Chocles by a miracle of manhood susteined the shock of the enemies , whilest a bridge was broken behind him , the towne had bene entred and their state ruined . And wheras you attribute the inlargement of the empire , which happened many ages after , to this expelling of their kings , you might as well haue saide , that the rebellion against king Iohn was the cause of the victories which wee haue since had in France . I haue before declared , that the state of the Romanes vnder their consulls , was popular , rather in shew , then in deede : this shew began also to end , when by the law Valeria , L. Sylla was established dictator for foure and twentie yeares . After this , the empire did mightely encrease , vntil the reigne of Traian● ; at which time all authors agree that it was most large ; and yet far short of your wandring suruey , not halfe fifteene thousand miles in compasse . In your example of Caesar , I neuer saw more vntruthes crowded together in fewer words : you say he brake all lawes , both humane and deuine : that is one ; his greatest enemies did giue of him a most honorable testimonie . You say he tooke all gouernment into his hands alone : that is two ; the people by the law Seruia 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 & pursued by decree of the state for publicke enemies ; of whom , not any one , either died a naturall death , or liued three yeeres after ; it was further decreed , that the court where he was slaine should be stopped vp , that the Ides of March should be called parricidium ; & that the Senate should neuer be assembled vpon that day . You say that Augustus was preferred in his place : that is foure ; and all within the compasse of sixe lines . Augustus was neuer chosen dictator ; Suetonius writeth g that hee entreated the people vpon his knee , not to charge him with that office . But Augustus , Antonius and Lepidus did first knit in armes by the name of Triumuiri , to reuenge the death of Iulius Caesar ; whervpon a long cruell and doubtfull warre was set vp , which continued the space of xx . yeers ; first , betweene these three , and the murtherers of Caesar ; then , betweene Lepidus , and the other two ; lastly betweene Augustus & Antonius : and this was the sweet successe of the murther of Caesar. Augustus , after his victorie was made perpetuall tribune , as Suetonius hath written h Dio. saith , i that he was freed from the power of the lawes ; as Pompeie also had beene before him . Tacitus addeth , k that the people hauing their hearts broken with broiles , permitted him to rise into rule , and to draw by degrees the whole authoritie of the state into his handes . And so it seemeth that the royall law was not yet established , l by which the people gaue ouer their power in gouernment : wherevpon some make good the sentence which the Senate gaue against Nere ; because the soueraigntie was not then by any expresse act setled in the Emperour . But where you bring the succession of Vespasian as a good successe of this sentence against Nero , it is a vvilde and witlesse vntruth . Galba succeeded next after Nero ; who was slaine in a sedition raised by Otho . Otho againe was ouercome in field by Vitellius ; whervpon hee slue himselfe . Lastly , Vitellius was ouerthrowne and slaine by the Captaines of Vespasian ; who was the fourth Emperour after Nero. These intestine warres , these open battailes fought to the full , this slaughter of Emperours , which you terme interludes , vvere the immediate successe after the death of Nero. You furies of hell , whose voices are lightening and thunder , vvhose breathing is nothing but sword , fire , rages and rebellions : the encountring of armies , the butcherie of millions of men , the massacre of princes , you accompt enterludes : These are your pleasures ; these your recreations . I hope all christian common vvealthes vvill beare an eye ouer your inclination , and keepe out both your persons and perswasions , from turning their state into an open stage for the acting of these enterludes . You continue your base bouldnesse in affirming , that the senate procured the death of Domitian ; that they requested the soldiers to kil Heliogabalus ; that they inuited Constantine to come & doe iustice vpon Maxentius : this broken kinde of disguising is familiar vnto you , to make such violencies as haue often preuailed against excellēt princes , to seeme to be the act of the vvhole state . And vvheras you bring the succession of Alexander Seuerus for a good successe of the murther of Heliogabalus , being the rarest prince ( you say ) that euer the Romanes had ; you might haue alleaged any author in proofe thereof better then Herodian , vvho vvriteth of him in this manner . m Alexander did beare the name and ensignes of the empire ; but the administration of affaires & gouernment of the state did rest vpon wemen . And further he vvriteth that by his slacknesse and cowardice , the Romane Armie vvas defeated by the Persians ; & finally , that for his vvant of courage , he vvas slaine by his owne soldiers . By this vve may see that you goe blindfold ; being so far from caring , that many times you scarce know vvhat you vvright . Your markable example ( as you terme it ) of the change o● the empire , frō the west to the east ; frō Cōstantin the sixt , to Charles king of France , doth mark out nothing more vnto vs , then your foūdred iudgemēt . The questiō is not what one forren prince may do against another , but what subiects may do against their soueraign : this is the point of cōtrouersie , heete you must cloase ; and not trauerse about in discourses impertinent . The change of the kingdome of France from Childeric to Pepin , your owne authour Girard n affirmeth to be , both an ambitious & fraudulēt vsurpation , wherin Pepin vsed the reuerēce of religiō as a mantle to couer his impietie & rebelliō . The matters which he obiected against Childeric were two ; first , his insufficiēcie , the ordinarie pretence of most rebellions ; but Girard , o saith , that the auncient custome of the French was , to loue & honor their kings , whether sufficient or vnable , worthie or weake ; & that the name of king vvas esteemed sacred , by whomsoeuer it was borne . Secondly he obiected , that his subiects were condicionally sworne vnto him ; & this also Girard writeth to be a forced and cautelous interpretation , violently streining the words of their oath to his aduantage : and in deede , if the oath of the people had ben conditionall , vvhat needed they to procure a dispensation for the same ? This vvas the first act ( saith he ) wherby the popes tooke occasion to set in their foot of authoritie , 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 kingdome from the line of Pepin to the line of Capet , vvas a meere violence & intrusion , & so vvas it acknowledged by Eudes earle of Paris , the first of that family vvho did vsurp : & for that cause he was constreined after two yeares reigne , to quit the crowne , & to giue place vnto Charles the lawfull heire . And vvhen Robert , brother vnto Eudes , did enter into armes to recouer that vvhich his brother once held , he vvas beaten downe and slaine by the faithfull subiects of king Charles . Hugh , the sonne of Robert nourished this ambition : But Hugh Capet his sonne vvith better both opportunitie & successe , but no better right , did accomplish the enterprise . For Girard q calleth him an vsurper , & Charles duke of Lorrane the true heire to the crowne . Between these two ( as in all vsurpations it is vsuall ) vvar vvas raised ; but by the vnsearchable iudgement of God the duke of Lorraine vvas cast to the ground . And there is little doubt , but , if he had preuailed , Lorraine had bene at this day a member of the crowne of France . The like answer may be giuen to your example of Suintilla : & this beside ; that the kingdom of the Gothes in Spaine , vvas not then setled in succession , & chiefly during the reigne of Victeric , Gundemir , Sisebuth , Suintilla , Sicenand , Cinthilla , and Tulca . The historie of Alphonso , another of your examples , standeth thus . Alphonso had a sonne called Ferdinand , who died during the life of his father , & left two yong sons behinde him . After the death of Ferdinand , his yonger brother Sancho practised with D. Lope Diaz de Haro Lord of Biscay , to procure him to be aduanced to the successiō of the kingdom , before his nephewes . D. Lope vndertoke the deuise ; & drawing some other of the nobilitie to the partie , they so wrought with the king , that in an assembly of the states at Segouia , Sancho was declared successor , & the childrē of Ferdinand appointed to be kept in prison . But Sancho , either impatiēt to linger in expectatiō , or suspicious that his father grew inclinable towards his nephewes , made league with Mahomed Mir , king of Granado , a Moore ; by whose ayde , & by the nobilitie of his faction , he caused him selfe to be declared king . Heerevpon , Alphonso was enforced to craue assistance of Iacob Aben Ioseph king of Maroco , who before had bene an enemie to Alphōso : but vpon detestatiō of this vnnatural rebelliō , he sent forces to him , protesting notwithstāding that so soone as the war should be ended , he wold become his enemie againe . So Alphonso by help , partly of the Marocco Moores , & partly of his subiects which remained loyall , maintained against his sonne both his title & state during his lyfe , but not without extremitie of bloudshed ; & opportunitie for the Moores , being assistāt to both parties , to make themselues more strong within the countries of Spaine . For this cause Alphonso disinherited his sonne by his testament , and cast a cruell cursse vpon him & his posteritie : & afterward it vvas ordeined in an assembly of the states holden at Tero , that the childrē of the elder brother deceased , should be preferred before their vnckle . How then will you verifie your two points by this historie ? First , that Alphonso vvas depriued by a publick act of parlament : secondly , that it turned to the great cōmoditie of the state . It is not a milliō of Masses that are sufficiēt to satisfie for all your deceitful & malicious vntruthes . I meruaile how the rebellion of Absolon , against king Dauid his father escaped you : Oh ; it wanted successe ; & you could not so easily disguise the report . You write that the common wealth of Spaine , resoluing to depose D. Pedro the cruell , sent for his brother Henry out of france , & required him to bring a strength of frenchmen with him : but hereby you make it plain , that the common wealth was not fully agreed . The truth is , that this was a dangerous deuisiō of the state , between two concurrents ; some holding for Henry , & some for Pedro. Henry obtained forren asistance by the french , Pedro by the english . In the meane time , whilst Peter was throwen out of state by the forces of france , & after that Henry by the armes of england ; & againe Peter deiected both from dignitie and life by his brother Henry ; the poore country became a spectacle for one of your enterludes . Your example of Don Sancho Capello king of Portugal , containeth many intollerable vntruthes . For neither was he depriued of his dignitie , neither did the Pope & counsell of Lions giue either authoritie or consent that he should be depriued ; neither was he driuen out of his realme into Castilla ; neither died he in banishmēt ; neither was Alphonso his brother king during his life . These fiue vntruths you huddle into one heape . The counsaile of Lions wholy opposed against the deposing of Don Sancho , notwithstanding many disabilities were obiected against him : in regard wherof they gaue directiō , that Alphonso his brother should be regent of the realme ; as in that case it is both vsuall & fit . But Sancho taking this to dislike , did seeke aide of the king of Castile ; & in that pursuite ended his life without issue : wherby the right of succession deuolued to Alphonso . To your examples of greeke Emperours , I will answer by your words ; which are ; r that for the most part they came not orderly to the crowne , but many times the meanes thereof were tribulent and seditious . The deposing of Henry king of Polonia , I acknowledge to be both true & iust ; I haue nothing to except against it . When the crowne of France did discend vnto him , he forsooke Polonia , & refused to return again to that swaggering gouernment , wherevpon they did depose him . Giue vs the like case , & you shal be allowed the like proceeding ; but you esteeme your examples by tale & not by touch : being not much vnlike a certaine mad fellow in Athens , who imagined euery ship which was brought into the hauen to be his : for vvhatsoeuer you finde of a king deposed , you lay claime vnto it , as both lawfully done , and pertayning to your purpose , whereas one of these doth alwaies faile . Concerning your two examples , one of Sueden , and the other of Denmarke , I shall haue occasion to speake hereaf●er . The nobility of those countries pretēd , that their kings are not soueraigne , but that the power in highest matters of state pertaineth vnto them . If it bee thus , the examples are not appliable to the question , if it be otherwise , then the princes had wrong . Wee are come now to our domesticall examples ; the first whereof is that of king Iohn , who was deposed by the Pope , you say , at the suite of his owne people . All this people was the Archbishop of Cant. the bish . of London , and the bish . of Ely ; at whose cōplaint , the Pope did write to Phillip king of France , that hee should expell king Iohn out of his realme . If not conscience , if not ordinarie honestie , pure shame should haue drawen you to another forme of writing . Hee was also depriued ( you say ) afterwards by his Barons . Heauy beast ; call you this a depriuation ? The commons were neuer called to consent ; the Clergie were so opposite to those that stoode in armes against king Iohn , that they procured excommunication against them : first generally ; then by name ; lastly , Lewes the French kings sonne was also included : of the Nobilitie , which is onely the third state of the realme , I make no doubt but some reserued themselues to bee guided by successe ; others , and namely the Earles of Warren , Arundell , Chester , Penbrooke , Ferrers , Salisburie , and diuers Barons did openly adhere vnto king Iohn ; you may as well call any other rebellion a depriuation , as affirme that the rest either did or might depriue him . And whereas you bring in king Henry the third , as a most worthie successour after this depriuation ; I will derogate nothing from his worthinesse : but there was neuer king in England , who without concurrent in the title of the crowne , did draw more bloud out of the sides of his subiects . Your second example is of king Edward the second , whom many of our histories report to bee of a good and courteous nature and not vnlearned ; imputing his defectes rather to Fortune , then either to counsell or carriage of his affaires . His deposition was a violent furie , led by a vvife , both cruell & vnchast ; & can with no better countenance of right be iustified , then may his lamentable both indignities and death , vvhich therupon did ensue . And although the nobilitie , by submitting thēselues to the gouerment of his sonne , did breake those occasions of wars which doe vsually rise vpon such disorders , yet did not the hand of God forget to pursue reuenge . For albeit king Edward his son enioyed both a long & prosperous raign , yet his next successor king Richard the second , vvas in the like violent manner imprisoned depriued & put to death . I will prosecute the successiue reuenge which heereof also ensued , being a strange matter , & worthie to be rung into the eares of all ages . King Henry the fourth , by whom king Richard was deposed , did exercise the chiefest acts of his raigne , in executing those who conspired with him against king Richard. His son had his vertue well seconded by felicity ; during whose raigne by meanes of the wars in France , the humour against him was otherwise imployed & spent : but his next successor king Henry the sixth was in the very like manner depriued , & together with his yong son Edward imprisoned and put to death by king Edward the fourth . This Edward died not without suspiciō of poison ; & after his death , his two sons were in like maner disinherited , imprisoned & murthered by their cruell vnkle , the duke of Glocester : who being both a tyrant and vsurper , was iustly encountred and slaine , by king Henry the seauenth , in the field . So infallible is the law of iustice in reuenging cruelties and wrongs , not alwaies obseruing the presence of times wherein they are done , but often calling them into reckoning ; whē the offenders retaine least memorie 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 sodainely raised and at once , but by very cunning and artificiall degrees . But examine his actions vvithout distempred iudgement , & you will not condemne him to be exceeding either insufficient or euill weigh the imputations that were obiected against him , and you shall find nothing either of any truth or of great moment . Hollingshead writeth , that he was most vnthankfully vsed by his subiects ; for although , through the frailtie of his youth , he demeaned himselfe more dissolutely , then was agreeable to the royaltie of his estate , yet in no kings daies , the commons were in greater wealth , the Nobilitie more honoured , and the Clergie lesse wronged : vvho notwithstanding in the euill guided strength of their will tooke head against him , to their owne headlong destruction afterward : partly during the raign of king Henry , his next successor , whose greatest atchiuements were against his owne people ; but more especially in succeeding times , whē vpon occasiō of this disorder , more english bloud was spent , thē was in all the forren wars which had ben since the cōquest . Three causes are commonly insinuated by you , for which a king may be deposed ; tyranny , insufficiencie , & impietie : but what prince could hold his state , what people their quiet assured , if this your doctrine should take place ? how many good princes doth enuie brand with one of these markes ? what action of state can be so ordred , that either blind ignorance or set mallice wil not easely straine to one of these heads ? euery execution of iustice , euery demand of tribute or supply shall be claimed tyrannie : euery infortunate euent shall be exclaimed insufficiencie : euery kind of religion shall by them of another sect , be proclaimed impietie . So dangerous it is to permit this high power to a heedlesse and headlesse multitude , who measure things , not by reason and iustice , but either by opinion , which commonly is partiall ; or else by report , which vsually is full of vncertainties and errors : the most part doing because others doe ; all easie to become slauish to any mans ambitious attempt . So dangerous it is to open our eares to euery foolish Phaetō , who vndertaking to guid the chariot of the Sun will soone cast the whole earth into combustion . You proceede that king Henry the sixth was also deposed for defectes in gouernment . Let vs yeeld a little to you , that you may bee deceiued ; a little that you may be carried by your affections ; how can you excuse these open vntruthes , wherein it cannot bee but the diuell hath a finger ? you cannot bee ignorant , that the onely cause which drevv the familie of Yorke into armes against king Henry , vvas the title which they had vnto the crowne : by vertue whereof , it vvas first enacted , that Richard duke of Yorke should succeed king Henry , after his death : but for that hee made vnseasonable attempts , he was declared by parlament incapable of succession , and afterwards slaine at the battaile of wakefield . Then Edward his sonne , prosecuting the enterprise , & hauing vanquished king Henry at the battaile of S. Albons , obtained possession of the state , caused king Henrye to be deposed , and himselfe to be proclaimed & crowned king . Afterward he vvas chased out of the realme , and by act of parlament both depriued and disabled from the crowne . Lastly he returned againe , and depriued king Henrye both from gouernment & from life . It is true , that some defects vvere obiected against king Henry ; but this was to estrāge the harts of the peple frō him . The main cause of the war did proceed , frō the right of the one partie , & possessiō of the other : The contrarietie of the acts of parlament vvas caused , by the alternatiue victories of them both . Your last example is of king Richard the third , of vvhom you vvright ; First , that although he sinned in murthering his Nephewes , yet after their death hee vvas lawfull king : Secondly , that he was deposed by the common wealth , who called out of France Henry earle of Richmond , to put him downe , Philosophers say that dreames doe commonly arise , by a reflection of the phantasie vpon some subiect , wherof we haue meditated the daie before . It may be y● your drowsie conceit vvas here cast into a dreame , of that vvheron it had dozed in all this chapter : Or at the best , that you are like vnto those , vvho haue so often tould a lie , that they perswade themselues it is true . King Edward the fourth left other children besides those that were murthered ; the duke of Clarence also , vvho vvas elder brother to king Richard , lest issue in life ; all vvhich had precedence of right before him . And as for the second point , tell mee I pray you , by vvhat parlament vvas king Richard deposed ? vvher did the states assemble ? vvhen did they send for the earle of Richmond to put him down ? by what decree ? by vvhat messengers ? Ther is no answer to be made , but one ; and that is , to confesse ingenuously , that you say vntrue ; & that it is your vsuall manner of deceiuing , to impute the act of a few vnto all ; & to make euerie euent of armes , to be a iudicial proceeding of the common wealth . For it is manifest , that the earle of Richmond had his first strēgth from the king of France ; & that after his discent into England , more by halfe , both of the nobilitie & common people did stand for king Richard , then stirre against him . You adioyne for a speciall consideration , that most excellent princes succeeded these vvhom you affirme to be deposed . I vvill nor extenuate the excellencie of any Prince ; but I hould it more vvorthie to be considered , that these disorders spent England a sea of bloud . In the ende you conclude , that all these depriuations of Princes vvere lawfull . Nay ; by your fauour ; if you sweat out your braines , you shall neuer euince , that a fact is lawfull beecause it is done . Yes ( you say ) for othervvise two great inconueniences vvould follow ; one , that the actes of those that vvere put in their place , should be voide and vniust : the other , that none vvho now pretend to these Crownes , could haue any tytle , ●or that they descend from them , vvho succeeded those that were depriued . You deserue now to be basted with words vvell stiped in vineger and salt : but I will be more charitable vnto you , and leaue bad speaches to black mouthes . For the first , the possession of the crowne purgeth all defects , and maketh good the actes of him that is in authoritie , although he vvanteth both capacitie and right . And this doth Vlpian expressely determine t vpon respect ( as he saith ) to the common good . For the other point , the successors of an vsurper , by course and compasse of time , may prescribe a right ; if they vvho haue receiued wrong , discontinue both pursuit and claime . P●normitane saith : u Successor in dignitate potest praescribere , non abstante vitio sui praedecessor is : A successor in dignitie may prescribe , notwithstāding the fault of his predecessor : otherwise , causes of vvar should be immortall , and titles perpetually remaine vncertaine . Now then for summarie collection of all that you haue saide ▪ your protestations are good ; your proofes light and loose ; your conclusions both dangerous & false . The first doth sauour of God ; the second of man ; the third of the diuell . To the fourth Chapter which beareth tytle . Wherein consisteth principally the lawfulnesse of proceeding against Princes , which in the former Chapter is mencioned , What interest Princes haue in their subiects goods or liues ; How oathes doe binde or may bee broken , of subiects towards their Princes ; and finally the difference betweene a good king and a tyrant . HEere you cloase with Billaye vpon two points ; first , vvhether a king is subiect to any law ; Secondly , whether all temporalities are in proprietie the Kings : but because these questions doe little perteine to our principall controuersie , I vvill not make any stay vpon them ; it suffiseth that vve may say vvith Seneca a Omnia rex imperio possidet , singuli domino : The king hath empire , euery man his particular proprietie in all things . After this , you proceede further to make good , that the Princes before mencioned vvere lawfully deposed ; and that by all law ; both diuine and humane , naturall , nationall and positiue . Your cause is so badd , that you haue need to set a bould countenance vpon it . But what deuine lawes doe you alleage ? You haue largely beefore declared ( you saye ) that GOD doth approoue the forme of gouernmēt vvhich euery common wealth doth choose , as also the conditions and statutes which it doth appoint vnto her prince . I must now take you for a naturall lyer , when you wil not forbeare to bely your selfe : you neuer proued any such matter ; & the contrary is euident , that sometimes entire gouernments ; often , customes & statutes of state ; & very commonly accidentall actiōs , are so vnnaturall & vniust , that ( otherwise then for a punishment and curse ) wee cannot say that God doth approue thē . We haue often heard that the Church cannot erre in matters of Faith ; but that in matter of gouerment a cōmon wealth cannot erre , it was neuer ( I assure my selfe ) published before . But let vs suppose ( supposall is free ) that God alloweth that forme of gouernment which euery common wealth doth choose : doth it therfore follow that by all deuine lawes princes may be deposed by their subiects ? these broken peeces will neuer bee squared to forme strong argument . But wherefore doe not you produce the deuine canons of scripture ? surely , they abhorre to speake one word in your behalfe : yea , they doe giue expresse sentence against you , as I haue shewed before . Well let this passe among your least escapes , in making God either the author or aider of rebelliō : you alledge no other humane law , but that princes are subiect vnto law and order . I vvill not denie but ther is a duty for princes to performe : but how proue you that their subiects haue power to depose them if they faile ? In this manner . As the common vvealth gaue them their authoritie for the common good , so it may also take the same away , if they abbuse it . But I haue manifested before c , both that the people may so graunt away their authoritie that they cannot resume●t ; & also that few princes in y● world hold their state by graunt of the people . I will neuer heereafter esteeme a mans valure by his voice : Your braue boast of all lawes , diuine , humane , naturall , nationall and positiue , is disolued into smoake : you busie your selfe as the Poets wright of Morpheus , in presenting shadowes to men a sleepe . But the chiefest reason ( you say ) the very ground and foundation of all . Soft : what reason ? what ground ? if you haue alreadie made proofe by all lawes , humane and deuine , naturall , nationall and positiue , 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 common wealth is superiour to the prince ; and that the authoritie 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 haue hetherto approached by stealing steps , you are now come cloase to the wall , do but mount into credit and the fort is your owne . You affirmed at the first , that princes might be deposed for disabilitie ; then , for misgouernmen● ; now , vpon pleasure and at will. For they who haue giuen authoritie by cōmission , doe alwaies retaine more then they graunt ; d & are not excluded either frō commanding or iudging , by way of preuention , concurrence , or evocation ; euen in those cases which they haue giuen in charge e : The reason is declared by Vlpian f . because hee to whom iurisdiction is committed representeth his person who gaue commission , and not his owne . Herevpon Alexander g , Panormitane h , Innocentius , and Felinus i doe affirme , that they may cast their commissioners out of power when they please , because as Paulus saith k ; a man can iudge no longer , when he forbiddeth who gaue authoritie . Further , all states take denomination from that part wherin the supreme power is setled ; as if it bee in one prince , it is called a monarchie ; if in many of highest ranck , then it is an aristocracie ; if in the people , then a democracie . Whervpon 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 populare : for we are not so much to respect who doth execute this high power of state , as from whō immediately it is deriued . Hereto let vs ad that which you haue said in another place l ; that in populare gouernments there is nothing but sedition , trouble , tumults , outragies & iniustices vpon euery light occasiō ; & thē we shall perceiue ; first , that you want the art of a wise deceiuer , not to be entangled in your tale ; secondly , that this is meere poison , which the diuell hath dropt out of your pen , to infect christian coūtries with disobedience & disorder . In a word , to the contrary of this your impudent vntruth , our laws do acknowledge supreme authority in the prince within the realme & dominions of england m , neither can subiects beare thēselues either superior or equall to their soueraigne ; or attempt violence either against his persō or estate , but as well the ciuill law n , as the particulare lawes & customes of all countries do adiudge it high & hainous treasō . I will speake now without passion ; what reason haue we , to accept your idle talk for a kind of authority , against the iudgement & lawes of most nations in the world ? You proceede that the power of a prince is giuen to him by the common wealth , with such conditions & exceptions , as if the same be not kept , the people stand free . That the prince receiueth his power vnder plain conditiōs , you go about to proue afterward : now you hold on , that in all mutual contracts , if one side recede from promise , the other remaineth not obliged ▪ & this you proue by two rules of the law . The first is o ; he doth in vaine require promise to be kept of another man , to whom he refuseth to performe that which he promised : the other is p a man is not bound to performe his oath , if on the other part , that be not performed , in respect whereof he did sweare . Poore fellow , had you ben as conuersant in the light of law , and cleere course of iustice , as you are in the smoake & dust of some corner of a colledge , you wold neuer haue concluded so generally so confidētly vpō any of the rules of law , which are subiect , for the most part , vnto many exceptions . Alexander q & Felinus r doe assigne fiue fallencies vnto these rules : Socinus s giueth the cootrarie rule : to him that breaketh his faith or oath , faith ought to bee kept ; & thē restraineth it with seauē limitations . But all affirme , that in those offices which are mutuall between any persōs , by the law of nature or of God ; as between the father & the child , the husband & the wife , the master & the seruant , the prince and the subiect ; although the same be further assured by promise or by oath , the breach of duty in the one , is no discharge vnto the other . And therfore if the father performeth not his duty towards his children , they are not thereby acquitted both of the obedience & care , which God & nature exacteth of them ; howsoeuer Solon in his lawes discharged children from nourishing their parents , if they did not traine them in some trade , wherby they might acquire their liuing . Much lesse are subiects exempted from obedience , if the prince either erre or be defectiue in gouernment : because the like respect is not due vnto parents as vnto Princes ( as I haue somewhat touched before ) insomuch as a sonne that beareth authoritie , hath right both to commaūd and compell the father . t This was declared among the Romanes , by that which Plutarch u , Liuie x , Valerius y , and Gellius a , doe report of Q. Fabius : to whome , being consull , when Fabius Maximus his father , who had bene consull the yeare before , did approch sitting vpon his horse , the sonne commanded him by a sergeant to allight : the father not onely obeyed , but highly commended both the courage and iudgement of his sonne , in maintaining the maiestie which he did beare , and in preferring a publicke both dutie and authoritie beefore priuate . Vpon those examples Paulus the lawier did wright , z that publick discipline was in higher estimation among the Romane parents , then the loue of children . After an impertinēt discourse , that vpon diuers cōsiderations an oath ought not to be performed ; you annex another cause wherefore subiects may withdraw their alleageāce ; & that is , when it should turne to the notable dammage of the common wealth and both these you affirme to be touched , in the depriuation of Childeric king of France . But I regard not what was touched in the depriuation of Childeric ; I haue answered to that in the chapter next before ; I require either arguments or authoritie of more tough temper . Well then let vs turne back the leafe , and there we shall finde a rule of the law ( because by rules onely you will beat down rule ) a In euill promises it is not expedient to keepe faith : Which is also confirmed by a sentence of Isidorus : b In euill promises , break your word ; in a dishonest oath change your purpose . Well fare your vvits , good soule ; doe you accompt the promise of obedience euill ? not so ( I suppose you will say ) but it turneth to be euill vvhen it turneth to the notable detrimēt of the commō wealth . It is one of your peculiar guifts , the further you goe , the more impious you declare your selfe . For if you take the word euill in noe higher sence then for detriment and damage , it would follow vpon your rule , that a man vvere no further tyed to his promise , then the performance thereof were aduantageable vnto him . You vvould inforce also , that if the father doth dissipate his patrimoniall estate , and runne a course to ruine his familie , the children and the wife may thervpon disauow their duties . But if vvee take a true touch of this point , we shall finde , that the vices of any Prince are not sufficient of themselues to ouerthrow a state , except therevpon rebellions be raised , vvhich vvill draw all things into confusion . For there is no Prince , vvhich either hath liued , or can almost be imagined to liue , in so little sence of humanitie , but generally he both fauoureth and maintaineth some order of iustice ; onely against particuler persons , some of them haue violently bene carried by the tempest of their passion , vvhereby notwithstanding the inordinate desires of one man , can not possibly reach to the ruine of all . So saith Suetonius , c that vnder Domitian the prouinces vvere vvell gouerned , onely certaine priuate men at Rome , felt the euill of his crueltie and other vices . But vvhen the people doe breake into tumult , then all course of iustice is stopped ; then is either assistance made , or resistance vveakned for forren inuasion ; then is euery one raysed into hope vvho cannot flye but vvith other mennes feathers ; then , as vvhen a fierce horse hath cast his rider , the reines are loosed to those insolencies , vvhich a dissolute people , nothing restrained either by honestie or feare doe vsually commit . For as it is the nature of men , vvhen they come out of one extremitie vvherin they haue bene houlden by force , to runne vvith a swift course into another , vvithout staying in the middest ; so the people breaking out of tyrannie , if they bee not helde back , vvill runne headlong into vnbrideled libertie ; and the harder they vvere kept vnder beefore , the more insolently vvill they then insult . I obserue that Saint Paul alleageth two reasons vvherefore vve should be obedient euen to vvicked and cruell Princes : one is for conscience sake , Beecause they are the ministers of God d , and in their royaltie doe beare his Image : Another , for the safetie , and tranquillitie of our selues ; that wee may lead vnder them a quiet and peaceable lyfe e . Wherevpon the prophet Ieremiah also exhorted the Iewes , to ●eeke the peace of the cittie vvhether they should be transported , because in the peace therof their quiet should consist : For by obedience , a few particulars remaine in daunger ; by rebellion , all ; by obedience , vve can be vnder the tyrannie but of one ; by rebellion , vve are exposed to the rapine and crueltie of many ; by the one nothing , by the other all things are permitted . Vpon this ground Saint Augustine saide ; g It is a generall couenant of humane societie to obey Kings ; And likewise Saint Ambrose h It is a great and speciall point of doctrine whereby Christians are taught to be subiect vnto higher powers . Three vvaies a cruell Prince may vvork violence against his subiects ; vpon their goods ; vpon their persons ; and vpon their consciences , by commaunding them to commit that which is euil . Of the first , Saint Ambrose saith : i If the Emperour demaundeth tribute , wee doe not deny him ; If he desireth fieldes , let him take them if he please : I doe not giue them to the Emperour ; but therewith also I doe not deny them . Of the second , Tertullian vvrighteth k as I haue alleaged him before : For vvhat vvar are vvee vnseruiceable or vnfit , although vnequall in number , vvho doe so vvillingly suffer death : yea , he vvas so farre from iudgeing it lawfull to resist , that he thought it scarce allowable to flye . In the third case , not your rule of law , but the rule of the Apostles taketh place , It is better to obey GOD then man : l vvhereby the subiect is not bound to yeeld obedience . But how ? hee is not bound to obey by doeing , but by suffering hee is : he is not bound to obey in doing that onely vvhich is euill ; but he is not thereby freed from doing any other thing which is lawfully commanded . S. Augustine saith m : Iulian was an infidell Emperour , an Apostata ; an Idolater ; christian soldiers did serue this infidell Emperour ; when hee would haue them worship Idols , and offer Frankencense vnto them , th●y preferred God before him : but when hee saide ; bring foorth the armie , march against such a nation ; they did presently obey . All this seemeth to bee confirmed by God himselfe , who after hee had forevvarned the people of Israell by the mouth of Samuell , what heauie , what open iniustice they should endure vnder some of their kings , hee concludeth in these words : and yee shall cry out in that day because of your king , and the Lord will not heare you . As if hee had said : you shall grudge at this burthen , you shall grone vnder it ; but you shall not haue power , either to shrinke from it , or to shake it off . Surely , if you had been aduised , you would priuily haue blowen your blasphemies into the eares of those ideots , who adore you for the great penitentiaries of the sea of Rome , & esteeme your idle imaginations as the articles of their faith : & not so publikely haue poured forth your self into these paradoxes , both impious & absurd ; not so boisterously haue stepped , like Hercules Furens , vpon the opē stage of the world , to denoūce depriuation against all princes . You would not thus confidently haue opposed your hot headed assertiō against al the ancient fathers of the church . You would not thus ignorantly haue troubled the waters of true humane wisdom , by corrupting the sence of the ciuell laws : you would not thus profanely haue abused the scriptures in maintaining rebellion , as coniurers doe in inuocating the diuell . For first , you are thereby discouered to be , neither religious , modest , nor wise : secondly , you haue runne your selfe into the compasse of a Canon , in the councell of Chalcedon . q Wherein it is thus decreed against you : If Clerkes shall be found to be contriuers of conspiracies , or raisers of factions , let them be degraded . After this you declare , who is a tyrant ; and that is a king , ( you say ) if once he doth decline from his dutie : which is a large description , and fit to set all christian countries on floate with bloud . Comines saith , that he is to be esteemed a good king , whose vertues are not ouerballanced by vice . I omit your thicke error in putting no difference betweene a magistrate and a king , with many other of like qualitie , and do come now to a principall point of your strength : that Christian princes at this day are admitted vpon conditions , and likewise with protestations , that if they do not performe the same , their subiects are free from all alleageance . This you will prooue by the particular oathes of all Princes , if the ouerrunning of your tongue may haue the ful course without encounter . To the fifth Chapter , which is entitled : Of the coronation of Princes , and maner of admitting to their authoritie , and the oathes which they do make in the same vnto the common wealth , for their good gouernment . FIrst I will preface ; that no Prince is soueraigne , who acknowledgeth himselfe either subiect or accomptable to any but to God ; euen as Marcus Aurelius said : That Magistrates were iudges of priuate men , and the Prince of Magistrates , and God of the Prince . In regard of this immediate subiection , Princes are most especially obliged to the lawes of God and of Nature : for r Baldus , s Alexander , t Speculator , u all interpreters , w the lawe it selfe , do affirme , that Princes are more strictly bound to these lawes , * then any of their subiectes . Whereof x Dionysius the Tyrant had some sence , when he sayd vnto his mother : That he was able to dispence with the lawes of Syracusa , but against the lawes of Nature he had no power . If therefore a Prince doth professe , that he will beare himselfe regardfull o● the accomplishment of these lawes , he doth not condition or restraine himselfe , but maketh an honorable promise of indeuour , to discharge his dutie ; being tyed thereby to no s●anter scope then he was before . The reason hereof is : y Quia expressio eius quod tacitè inest , nihil operatur : The expressing of that which is secretly vnderstood , worketh nothing . Againe , when the promise is not annexed to the authoritie , but voluntarily and freely made by the Prince , his estate is not thereby made conditionall . For the interpreters of the Ciuill lawe do consent in this rule : z Pacta conuenta quae contractibus non insunt , non formant actionem : Couenants which are not inherent in contracts , do not forme an action . * And therefore although by all lawes , both of conscience and state , a Prince is bound to performe his promise ; because ( as the Maister of sentences saith ) God himself will stand obliged to his word : yet is not the authoritie , but the person of the Prince hereby affected ; the person is both tyed and touched in honour , the authoritie ceasseth not , if performances do faile . Of this sort was that which you report of Traian , who in deliuering the sword to his gouernors , would say : If I raigne iustly , then vse it for me ; if otherwise , then vse it against me : but where you adde , that these are the very same words in effect , which Princes do vse at their coronations , ( pardon me , for it is fit I should be mooued ) you will find it to bee a very base 〈◊〉 lye . Of this nature was that also which the same Traian did , ( to encourage his subiects to do the like ) in taking an oath to obserue the lawes : which Pliny the younger did account so strange , as the like before had not bene seene . But afterward , Theodoric did follow that fact ; whereupon Cassiodorus saith : Ecce , Traiani nostri clarum seculis reparamus exemplum ; iurat vobis per quem iuratis : We repaire the famous example of Traian ; he sweareth to you by whome you sweare . So when king Henry the fifth was accepted for successour to the crowne of Fraunce , he made promise , to maintaine the Parliament in the liberties thereof . And likewise diuers Princes do giue their faith , to mainetaine the priuiledges of the Church , and not to change the lawes of the Realme : which oath is interpreted by * Baldus , a Panormitane , and b Alexander , to extend no further then when the lawes shall be both profitable and iust : because Iustice and the common benefit of subiects , is the principal point , both of the oath and dutie of a Prince , whereto all other clauses must be referred . And now to your examples . First , because in all the ranke of the Hebrew kings , you cannot find either condition or oath ; not : in the auncient Empires and kingdomes of the world ; not vsually in the ●lourishing time of the Romaine state , both vnder heathen and christian Emperors ; because these times are too pure for your purpose , you fumble foorth a dull coniecture : That forsomuch as the first kings were elected by the people , it is like that they did it vpon conditions and assurances for themselues . That the first kings receiued not their authoritie from the people , I haue manifested before c : and yet your inference hereupon is no other , then if you should sue in some Court for a legacie , alleadging nothing for your intent , but that it is like the Testator shold leaue you something ; in which case it is like ( I suppose ) that your plea wold be answered with a silent scorne . After a few loose speeches , which no man would stoupe to gather together , you bring in the example of Anastasius the first Emperour of Constantinople ; of whom the Patriarch Euphemius required before his coronation , a confessiō of the faith in writing , wherin he should promise to innouate nothing . And further , he promised to take away certaine oppressions , and to giue offices without mony . Let vs take things as they are , and not speake vpon idle imagination , but agreeable to sence : what either condition or restraint do you find in these words ? Condition they do not forme , because in case of failance they do not make the authoritie void : neither do they make restraint , because they containe no point , whereunto the lawe of God did not restraine him . All this he was bound to performe without an oath ; and if he were a thousand times sworne , he was no more but bound to perform it : euē as if a father should giue his word to cloath and feede his child ; or the husband to loue his wife ; or any man to discharge that dutie , which God and Nature doth require . It is true , that Anastasius was both a wicked man , and iustly punished by God for the breach of his faith ; but his subiects did neuer challenge to be free therefore from their alleageance . The same aunswere may be giuen to the promise , which Michael the first gaue to Nicephorus the Patriarch : That he would not violate the Ordinances of the Church , nor embrue his hands with innocent bloud ; especially if you take the word Ordinances for matters necessarie to be beleeued : but if you take it in a larger sence , then haue I also declared in the beginning of this chapter , how farre the promise doth extend . Your next example is of the Empire of Almaine ; from whence all that you obiect , doth fall within this circle . After the death of Charles the Great , the empire was held by right of succession , vntill his line was determined in Conrade the first . After whose death it became came electiue : first in Henry duke of Saxony , then in Otho his son ; and afterwards in the rest : from whom notwithstanding no other promise was wrested , but the discharge of that dutie , which they were enformed , or rather threatned , that God wold seuerely exact at their hands . But ( as in all electiue States it vsually hapneth ) at euery new change and choise , the Emperor was deplumed of some of his feathers , vntill in the end he was made naked of authoritie , the Princes hauing drawne all power to themselues . So by degrees the Empire was changed from a Monarchie to a pure aristocracie ; the Emperour bearing the title thereof , but the maiestie and puissance remaining in the States . During which weaknesse of the Emperour , some points were added to his oath , which seemed to derogate from the soueraigntie of his estate . But what is this to those Princes , who haue retained their dignitie , without any diminution , either of authoritie , or of honour . The like may be said of Polonia , which not many hundred yeares since was erected into a kingdome : and although the States did challenge therein a right of election , yet did it alwaies passe according to propinquitie of bloud , and was esteemed a soueraigne Monarchie ; vntill after the death of Casimire the Great , when Lodonicus his Nephew King of Hungarie , rather greedie then desirous to be king also of Polonia , did much abase the Maiestie thereof . Yet falling a●terward into the line of Iagello , who maried one of the daughters of Lodowicke , it recouered the auncient both dignitie and strength . But when that line also failed in Sigismond Augustus , the last male of that Familie , the States elected Henry Duke of Anjowe for their King , with this clause irritant ; That if hee did violate any point of his oath , the people should owe him no alleageance . But whereas you report this as the vsuall oath of the Kinges of Polonia , you deserue to heare the plainest tearme of vntruth . In the kingdome of Spaine you distinguish two times : one , before the conquest thereof by the Moores ; the other , after it was recouered againe by the Christians . I acknowledge a difference in these two times ; for that in the one , the right of the kingdome was electiue ; in the other , it hath alwaies remained successiue : insomuch as d Peter Belluga , a diligent writer of the rights of Arragon , doth affirme , that the people haue no power in election of the king , * except in case the line should faile . Concerning the matter in controuersie , you affirme , that the kings did sweare the same points in effect , which before haue bene mentioned . This wee must take vpon your forfeited faith , for you alleadge no forme of oath ; onely you write , that the fourth nationall Councell of c Toledo , with all humilitie conuenient did require , that the present king , and all other that should follow , would be meeke and moderate towardes their subiects , and gouerne them with iustice , and not giue sentence in causes capitall without assistance : declaring further , that if any of them should exercise cruell and proude authoritie , 〈◊〉 they were condemned by Christ , with the sentence of Excommunication , and separated to euerlasting iudgement . But what pang hath possessed your dreaming braines , to tearme this by a marginall note , Conditions of raigning in Spaine ? being no other then a reuerent and graue admonition of the dutie of a king , with a feareful declaration of the iudgment of God against wicked Princes . And that which was afterward decreed in the sixt Councell of Toledo : That the king should sweare , not to suffer any man to breake the Catholike faith , because it is a principall point of his dutie , his estate was not thereby made conditionall . The rest of this passage you fill vppe with froath of the antiquated lawe of Don Pelayo , prescribing a forme of inaugurating the Kinges of Spaine ; whereof there is not one point , either now in vse , or pertaining to the purpose . So miserable is your case , that you can write nothing therein , but that which is either impertinent or vntrue . For Fraunce , your first example is taken from the coronation of Philip the first : wherein you note , that king Henrie his father requested the people to sweare obedience to his sonne ; inferring thereby , that a coronation requireth a new consent , which includeth a certaine election of the subiects . But this is so light , that the least breath is sufficient to disperse it . Philip was crowned king during the life of his father : which action , as it was not ordinarie , so was it of such both difficultie and weight , that it could not be effected without assemblie and consent of the States . The oath which he made , is in this forme extant in the Librarie of Rheimes : I do promise before God and his Saints , that I will conserue to euery one committed vnto me canonicall priuiledge , & due Law & Iustice , and wil defend thē , by the helpe of God , so much as shall lye in my power , as a king by right ought to do within his Realme , to euery Bishop , and to the Church cōmitted to him : and further , to the people cōmitted to my charge , I wil grant by my authority the dispensatiō of laws according to right . Ad to this a more anciēt form of the oth of those kings , which it seemeth you haue not seene : I sweare in the name of God Almighty , & promise , to gouerne well & duly the subiects cōmitted to my charge , & to do with all my power , iudgement , iustice and mercy . Ad also the oath which you alleage of Philip the 2. surnamed Augustus : To maintaine all canonicall priuileges , law & Iustice due to euery mā , to the vttermost of his power ; to defēd his subiects as a good king is bound to do ; to procure that they be kept in the vniō of the Church ; to defend thē frō al excesse , rapine , extortion & iniquity ; to take order that Iustice be kept with equity & mercy ; & to endeuor to expell heretiks . What doth all this rise vnto , but a princely promise to discharge honorably and truly those points of duty , which the laws of God did lay vpō thē ? What other cōditions or restraints are imposed ? what other cōtract is hereby made ? where are the protestations which in the end of the last chap. you promised to shew , that if the Prince do faile in his promise , the subiects are free frō their allegeāce ? what clause do you find sounding to that sense ? But you litle regard any thing that you say ; you easily remēber to forget your word . Wel thē , we must put these your vaine speeches into the reckning of mony accōpted , but not receiued : and seeing you cannot shew vs , that the kings of France and of Spaine are tied to any condition , whereto the law of God doth not bind thē , I will not vary frō the iudgemēt of Ordradus f in affirming thē to be absolute kings . I haue pressed this point the rather in this place , because you write , that most neighbour nations haue takē the forme of annointing & crowning their kings , from the anciēt custome of France ; although the substāce be deduced from the first kings of the Hebrews , as appeareth by the annointing of king Saule : whereof Dauid ( you say ) made great accompt , notwithstanding that Saule had bene reiected by God , and that himselfe had lawfully borne armes against him . Out Atheist ; you would be dawbed with dung , & haue the most vile filth of your stewes cast in your face . Did Dauid beare armes against his annointed king ? did he euer lift vp his eye-lids against him ? did he euer so much as defend himselfe otherwise then by flight ? It is certaine that Shemei did not halfe so cruelly either curse or reuile this holy man , who did so much both by speech and action detest this fact , that he would rather haue endured ten thousand deaths , then to haue defiled his soule with so damnable a thought . What then shall we say vnto you , who to set vp sedition and tumult , abuse all diuine & humane wrightings , in whatsoeuer you beleeue will aduance your purpose ? who spend some speech of respect vnto kings for allurement onely , to draw vs more deepe into your deceit ? Shall we giue any further eare to your doctrine , both blasphemous and bloudy ? We will heare you to the end ; and I deceiue my selfe , but your owne tale shall , in any moderate iudgement , condemne the authoritie of your opinions for euer . Let vs come then to your last example ( which is neither the last nor the least whereat you leuell . ) And that is of England , which of all other kingdomes ( you say ) hath most particularly taken this ceremony of Sacring and annointing from France . Well , let the ceremonie be taken from whence you please : if the oath be no other then you do specifie , To obserue peace , honour and reuerence , vnto Almighty God , to his Church and to the Ministers of the same , to administer Law and Iustice equally to all ; to abrogate euill lawes and customes , and maintaine good ( which was the oath of king Richard the first ; the like whereto was that of king Iohn , altered only in the first branch : To loue and defend the Catholicke 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 royall promise , to discharge that duty which God doth impose . And this is plainely declared by the speech which you alleage , of Thomas Arundell Archbishop of Canterbury , to king Henry the fourth ; Remember ( saith he ) the oath which voluntarily you made : voluntarily he sayd , and not necessarily : it was voluntary in oath , but necessary in duty . That which you report also that Thomas Becket did write vnto king Henry the second , importeth nothing else but an acknowledgement 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 i● sworne ; then the Archbishop declareth to the people what he hath sworne , and demaundeth if they be content to submit themselues vnto him vnder those conditions : whereunto they consenting , he putteth on the royall ornaments ; and then addeth the words of commission : Stand and hold thy place , and keepe thy oath . And thus you haue hammered out a formall election , supposing that you draw together the peeces of falshood so close , that no man can perceiue the seame . The truth is , that king Henry the fourth being not the nearest in bloud to the inheritance of the crowne , 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 vs ; First , in ioyning them together as one act ; Secondly , by falsifying diuerse points in both ; Lastly , by insinuating that the same order was obserued 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 alleaging also out of Stow , 1. That the Archbishop did reade vnto the people , what the King was bound vnto by oath ; 2. That the Earle of Northumberland did shew a ring vnto the people , that they might thereby see the band whereby the king was bound vnto them ; 3. That the king did pray , that he might obserue his promise . In which composition of conceits , you shew how actiue you are in counterfaiting any thing , that may make to your purpose ; perswading your selfe , that it is no fraud vnto God , to deceiue the world in a lye for aduantage . King Edward the fourth also ( because his right was litigious , & another was in possession of the crowne ) 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 , Queene Mary , and Queene Elizabeth , the consent and acceptation of the people was demanded : First , we haue no cause to credite any thing that you say ; then , although it be true , yet not being done in Parliament , it addeth no right vnto the Prince ; but is only a formality , a circumstance only of ceremony and order . Hereupon you conclude , that a king hath his authority , by agreement and contract betweene him & the people : insinuating thereby that he looseth the same , if he either violate or neglect his word . The contrary opinion , that only succession of bloud maketh a king , & that the cōsent of the people is nothing necessary , you affirme to be absurd , base and impious , an vnlearned , fond and wicked assertion ; in flattery of Princes , to the manifest ruine of common-wealths , and peruerting of all law , order and reason . I did alwayes foresee that your impostumed stomacke would belch forth some loathsome matter . But whosoeuer shall compare this confident conclusion with the proofes that you haue made , he will rather iudge you mad then vnwise . This bold blast , vpon grounds that are both foolish and false , bewrayeth rather want then weaknesse of wits . I am ashamed I should offer any further speech in so euident a truth : but since I haue vndertaken to combate an herisie , since the matter is of so great consequence & import , I purpose once againe to giue you a gorge . Learne then , heauy-headed Cloisterer , vnable to mannage these mysteries of State : Learne of me , I say ; for I owe this duty to all Christians : the Prophets , the Apostles , Christ himselfe hath taught vs , to be obedient to Princes , though both tyrants and infidels . This ought to stand with vs for a thousand reasons to submit our selues to such kings , as it pleaseth God to send vnto vs ; without either iudging or examining their qualities . Their hearts are in Gods hand ; they do his seruice , sometimes in preseruing , sometimes in punishing vs : they execute his iudgement both wayes , 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 looke vnto it , let them assuredly expect , that God will dart his vengeance against thē with a most stiffe and dreadfull arme . In the meane season , we must not oppose our selues , otherwise then by humble sutes and prayers : acknowledging , that those euils are alwayes iust for vs to suffer , which are many times vniust for them to do . If we do otherwise ; if we breake into tumult and disorder , we resemble those Giants of whom the Poets write ; who making offer to scale the skies , and to pul Iupiter out of his throne , were ouerwhelmed in a moment with the mountaines which they had heaped together . Beleeue it , Cloisterer ; or aske any man who is both honest and wise , and he will tell you : It is a rule in reason , a triall in experience , an authority confirmed by the best , that rebellion produceth more horrible effects , then either the tyranny or insufficiency of any Prince . To the sixth Chapter , whereof the title is : What is due to onely succession by birth ; and what interest or right an Heire apparant hath to the Crowne , before he is crowned or admitted by the commonwealth ; and how iustly he may be put backe , if he hath not the partes requisite . YOV begin ( after your manner ) with a carreir against Billay ; but because both I haue not seene what he hath written , and dare not credite what you report , I will not set in foote betweene you . In breaking from this , you preferre succession of Princes before free election , as well for other respects , as for the preeminence of auncetrie in birth , which is so much priuiledged in the Scripture : and yet not made so inuiolable ( you say ) but vpon iust causes it might be inuerted ; as it appeareth by the examples of Iacob , Iuda and Salomon . And this libertie you hold to be the principall remedie for such inconueniences as do ensue of the course of succession ; as if the next in birth be vnable or pernicious to gouerne : in which cases , if he be not capable of directions and counsels , you affirme that the remedie is to remoue him . And so you make succession and election , the one to be a preseruatiue to the other ; supposing , that the difficulculties of both are taken away : First , if ordinarily succession taketh place ; then , if vpon occasion we giue allowance to election . For the prerogatiue of birth , as also for the speciall choice which God hath often made of the yongest , I will remit my selfe to that which I haue written before g . At once : in those particular actions which God hath either done , or by expresse Oracle commaunded , contrarie to the generall lawes which he hath giuen vs ; as in the robberie of the Aegyptians , 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 giuen vs a naturall law , to preferre the first borne ; he hath often made choice of the yongest , because he commonly worketh greatest effects , by meanes not onely weake , but extraordinary ; as it appeareth by the birth of Isaak . But that these speciall elections of God are not proposed for imitation to vs , hereby it is euident ; because they haue bene for the most part , without defect in the one , or demerite in the other . And especially in this example of Iacob and Esau ; Saint Paule sayth h that it was not grounded vpon their workes , but vppon the will and pleasure of God ; for before they had done good or euill , before they were borne , God sayd : i The eldest shall serue the youngest . Which if we might imitate , the priuiledge of birth were giuen in vaine . For your deuice in ioyning election to succession , whereby one of them should remedie the difficulties of the other , it is a meere vtopicall conceipt : what else shall I tearme it ? an imposture of state , a dreame , an illusion , fit only to surprise the iudgement of the weake and ignorant multitude . These toyes are alwaies hatched by the discoursiue sort of men , rather then the actiue ; being matters more in imagination then in vse : and herein two respects do principally oppose against you . The first is , for that in most nations of the world , the people haue lost all power of election ; and succession is firmely setled in one discent , as before I haue declared k The second is , for that more fierie factions are hereby kindled , then where succession or election are meere without mixture . For where one claimeth the Crowne by succession , and another possesseth it by title of election ; there , not a disunion onely of the people , not a diuision in armes , but a cruel throat-cutting , a most immortall and mercilesse butcherie doth vsually ensue . It is somwhat inconuenient ( I grant ) to be gouerned by a Prince either impotent or euill ; but it is a greater inconuenience , by making a breach into this high point of state , to open a way to all manner of ambitions , periuries , cruelties and spoile : whereto the nature of the common-people would giue a great furtherance , who being weake in wisedome , violent in will ; soone wearie of quiet , alwaies desirous of chaunge , and most especially in matters of state , are easily made seruiceable to any mans aspiring desires . This I haue 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 ; & yet the people more vpon wantonnes then for any want , did take an vnbridled course against them . And thus is your high pollicie nothing else but a deepe deceipt ; thus whilest you striue with the wings of your wit to mount aboue the cloudes of other mens conceipt , you sinke into a sea of absurdities and errors . After this , you determine two questions ; the first is , What respect is to be attributed to propinquitie of bloud onely . Whereto you answer , that it is the principall circumstance which leadeth vs to the next succession of the Crowne , if other circumstances and conditions doe concurre , which were appointed at the same time , when the lawe of succession was established . Assuredly you can neuer shewe either when , or by whome , this lawe of succession was first instituted , except perhappes by some Nimrod , when hee had brought the necke of a people vnder his sword : at which time , what conditions hee would set downe to bee required from his successour , any ordinarie iudgement may coniecture at ease . Well , since you set vs to seeke for proofe of this , to that which you haue written before , I will also send you backe to the same place m for your answer . The second question is , What interest a Prince hath to his kingdome , before he be crowned . This you resolue by certaine comparisons ; and first you write , that it is the same which the Germaine Emperour hath before his coronation . But that is so large , that some Emperours haue neuer bene crowned ; others haue deferred it for many yeares ; among which n Crantzius writeth , that Otho the first receiued the Crowne of the Empire , in the eight and twentieth yeare of his raigne . And yet is not this comparison full to the question propounded ; because in electiue states there is not held one perpetuall continuance of royaltie , as is in those that are successiue . And o Panormitane saith , That an argument a similibus is not good , if any difference can bee assigned . Much more vnfitly doe you affirme , that it is no greater then a Maior of London hath in his office , before hee hath taken his oath : for it is odiously absurd , to compare the authoritie of an absolute Prince by succession , to the authoritie of an Officer , both electiue and also subiect . But it is the example of mariage ( you say ) whereby this matter is made more plaine : for as in this contract there is an espousall , by promise of a future act , and a perfect mariage by yeelding present consent ; the first is , when both parties doe mutually promise that they will ; the second , that they do take one the other for husband and wife : so an heire apparant , by propinquitie of bloud is espoused onely to the Commonwealth , and maried afterward at his coronation , by oathes of either partie , and by putting on the ring , and other wedding garments . But how were Kings maried in former ages ? how are they now maried in those countries , where they haue neither ring , nor wedding garment , nor also any oath ? What ? is euery office and degree which is taken with ceremonie , to be esteemed likewise a mariage ? Or if you will haue coronation onely to bee a mariage , what else can it resemble , but the publike celebration of matrimonie betweene man and woman ? which addeth nothing to the substance of contract , but onely manifesteth it to the world . These pitifull proofes , naked of authoritie , emptie of sence , deserue rather to be excused then answered : I will helpe therefore in some sort to excuse them . They are the best that your starued both cause and conceipt can possibly affoord : and you haue also some fellowes in your folly . Heliogabalus did solemnely ioyne the statues of the Sunne and of the Moone in mariage together . Nero was maried to a man , and tooke also a man to his wife . The Venetians doe yearely vpon Ascention day , by a ring and other ceremonies , contract mariage with the sea . But now in earnest ; men do dye whensoeuer it pleaseth God to call them : but it is a Maxime in the common law of England : Rex nunquam moritur ; The king is alwaies actually in life . In Fraunce also the same custome hath bene obserued ; and for more assurance it was expresly enacted vnder p Charles the fifth : That after the death of any king , his eldest sonne should incontinently succeede . For which cause the Parliamēt court of Paris doth accompanie the funeral obsequies of those that haue bene their kings , not in mourning attire , but in scarlet ; the true ensigne of the neuer-dying Maiestie of the Crowne . In regard of this certaine and incontinent succession , the q Glossographer vpon the Decrees noteth : That the sonne 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 Panormitane , t Iason , u Carol. Ruinus , w Andreas Iserna , Martinus , Card. Alexander , x Albericus , y Fed. Barbatius , z Philip Decius , & Ant. Corsetta , a Fra. Luca , b Matthe , Afflict . And the same also doth Sernius note out of c Virgil , where he saith of Ascanius : Regemque requirunt , his father Aeneas being yet aliue . But so soone as the king departeth out of life , the royaltie is presently transferred to the next successor , according to the lawes and customes of our Realme . All Writs go foorth in his name ; all course of iustice is exercised , all Offices are held by his authoritie ; all states , all persons , are bound to beare to him alleageance : not vnder supposall of approbation when hee shall be crowned , according to your dull and drowsie coniecture , but as being the true Soueraigne king of the Realme . He that knoweth not this , may ( in regard of the affaires of our state ) ioyne himself to S. Anthony , in glorying in his ignorance , & professing that he knoweth nothing . Queene Mary raigned three mon●ths 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 Queene . King Edward the first was in Palestina , when his father dyed ; in which his absence , the Nobilitie and Prelates of the Realme assembled at London , and did acknowledge him for their king . In his returne homeward , he did homage to the French king , for the lands which he held of him in France . He also repressed certaine rebels of Gascoine ; amongst whom , Gasco of Bierne , appealed to the court of the king of Fraunce : where king Edward had iudgement , that Gasco had committed treason d ; and therupon he was deliuered to the pleasure of king Edward . And this hapned before his coronation , which was a yeare and nine mon●ths after he began to raigne . King Henry the sixth was crowned in the eighth yeare of his raigne ; and in the meane space , not onely his subiectes did both professe and beare alleageance , but the King of Scottes also did sweare homage vnto him . What neede I giue any more either instance or argument , in that which is the cleare lawe , the vncontroulled custome of the Realme ? Against which notwithstanding your weather-beatē forehead doth not blush to oppose a blind opinion , that heires apparant are not true kings , although their titles be iust , and their predecessors dead . This you labour to prooue by a few drye coniectures , but especially and aboue all others ( you say ) because the Realme is asked three times at euery coronation , whether they will haue such a man to be their king or no. First , wee haue good reason to require better proofe of this question then your bare word : secondly , although we admit it to be true , yet seeing the aunswer is not made by the estates of the Realme assembled in parliament , but by a confused concurse ( necessarie Officers excepted ) of all sorts both of age and sexe , it is for ceremonie only , & not of force , either to giue or to increase any right . Another of your arguments is , for that the Prince doth first sweare to gouerne well and iustly , before the subiects take their oath of alleageance ; which argueth , that before they were not bound . And further you affirme , that it happened onely to king Henry the fifth , among his predecessors , to haue fealtie done vnto him , before hee was crowned , and had taken his oath . I confesse indeed , that Polydore and St●w haue written so ; but you might easily haue found that they write not true ; the one of them being a meere straunger in our state ; the other a man more to be commended for indeuour then for art . King Iohn being in Normandie when his brother dyed , sent into England Hubert Archbishop of Canterburie , VVilliam Marshall Earle of Strigvile , and Geoffrie Fitzpeter Lord chiefe ●ustice , who assembled the States of the Realme at Northhampton , and tooke of them an oath of obedience to the new king . Also king c Henry the third caused the Citizens of London , the Guardians of the Cinque-ports , and diuers others , to sweare fealtie to Prince Edward his sonne ; who being in Palestina when his father died , the Nobilitie and Prelates of the Realme assembled in the new temple at London , and did acknowledge him for their king . And in like manner , king Edward the third tooke an oath of all the Nobilitie of the Realme , of faith after his death to Richard Prince of Wales : and so did king Henry the first , for his daughter Mawde , and her yong sonne Henry . After the death of king Henry the fifth , that subiects did often sweare alleageance , 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 restraine you ; it proceeded onely from the force of truth , which will manifest it selfe whatsoeuer art we vse to disguise it . For otherwise , what countenance , what conscience had you to affirme , that it is expresly noted by our English Historiographers : That no alleageance is due vnto kings , before they bee crowned ? Who are these Historiographers ? where doe they so write ? you that search euery dustie corner of your braines , for a fewe ragged reasons to vphold your heresie , should not either haue mentioned , or omitted such pregnant proofes : for in that you affirme , and do not expresse them , you condemne your selfe by your owne silence . If you meane that which you alleadge out of Polydore and Stowe : That an oath of fealtie was neuer made before coronation , vntill the time of king Henry the fifth ; it is neither true , nor to any such sence . If you meane that of Polydore in tearming Henry the fift , 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 custome of their auncestors : it is a sleepie ieast , to straine euery word in such an author to proprietie of speech . You might better haue cited , what certaine cities in Fraunce not long since alledged for themselues : That because they had not reputed Henry the fourth for their king , because they had not professed alleageance vnto him , they were not to be adiudged rebels : whereupon notwithstanding the chiefest Lawyers of our age did resolue , that forasmuch as they were originall subiects , euen subiects by birth ; they were rebels in bearing armes against their king , although they had neuer professed alleageance . And this is so euidently the lawe of the Realme , that it is presumption in vs both ; in you , to assay by your shallow Sophistrie to obscure or impugne ; in me , to indeuour by authorities and arguments to manifest or defend the same . But the admission of the people ( you say ) hath often preuailed against right of succession . So haue pyrates against merchants ; so haue murtherers and theeues against true meaning trauellers . And this disloyalty of the people hath moued diuerse kings to cause their sonnes to be crowned during their owne liues ; because the vnsetled state of succeeding kings doth giue oportunitie to bouldest attempts ; and not as you dreame , because admission is of more importance then succession . I will examine your examples in the Chapters following . In the meane time where you write , that king Henry and king Edward , both called the Fourth , had no better way to appease their minds at the time of their death , but by founding their title vpon consent of the people ; the Authors g which you cite do plainely charge you with vnexcuseable vntruth . King Edward neuer made question of his right : king Henry did , as some other Authors report h ; but applied no such deceiptfull comfort : this false skinne would not then serue to couer his wound . To the seuenth Chapter , which beareth title : How the next in succession by propinquity of bloud , haue oftentimes bin put backe by the commonwealth , & others further off admitted in their places , euen in those kingdoms where succession preuaileth ; with many examples of the kingdome of Israel and Spaine . HERE you present your selfe very pensiue to your audience , as though you had so ouer-strained your wits with store of examples of the next in succession not admitted to the state , that you had cracked the creadite of them for euer . But you are worthy of blame , either for endangering or troubling your selfe in matters of so small aduantage . I haue shewed before , that exāples suffice not to make any proofe ; and yet herein doth consist the greatest shew of your strength . It is dangerous for men to be gouerned by examples though good , except they can assure themselues of the same concurrence of reasons , not onely in generall , but in particularities ; of the same direction also and cariage in counsell ; and lastly , of the same fauourable fortune : but in actions which are euill , the imitation is commonly worse then the example . Your puffie discourse then is a heape of words without any waight ; you make mountaines , not of Mole-hils , but of moates ; long haruest for a small deale , not of corne , but of cockle ; and ( as one sayd at the shearing of hogges ) great crie for a little , and that not very fine wooll . Yea , but of necessitie something you must say : yea , but this something is no more then nothing . You suppose , that either your opinion will be accepted , more for authority of your person , then waight of your proofes ; or else that any words will slide easily into the minds of those , who are lulled in the humour of the same inclination ; because partialitie will not suffer men to discerne truth , being easily beguiled in things they desire . Besides , whatsoeuer countenance you cary , that all your examples are free from exception , yet if you had cast out those which are impertinent , or vniust , or else vntrue , you could not haue beene ouer-charged with the rest . Your first example , that none of the children of Saule did succeede him in the crowne , is altogether impertinent : because by particular and expresse appointment of God i , the kingdome was broken from his posteritie . We acknowledge that God is the onely superiour Iudge of supreme Kings , hauing absolute both right and power , to dispose and transpose their estates as he please . Neither must we examine his actions by any course of law , because his will is aboue all law . He hath enioyned the people to be obedient to their Kings ; he hath not made them equall in authoritie to himselfe . And whereas out of this example you deduce , that the fault of the father may preiudicate the sonnes right , although he had no part in the fault ; to speake moderately of you , your iudgement is either deceitfull or weake . God in his high Iustice , doth punish indeed the sinnes of parents vpon their posterity k : but for the ordinary course of humane iustice , he hath giuen a law , that the sonne shall not beare the iniquity of the father l : the equity wherof is regularly followed , both by the Ciuill m and Canon n law ; and by the interpretors of them both o Your second example is of King Salomon , who succeeded in the state of Dauid his father , notwithstanding he was his yongest sonne . But this example in many respects falleth not within the compasse of your case . First , because he was not appointed successor by the people : we speake not what the king and the people may do to direct succession , but what the people may do alone . Secondly , for that the kingdome was not then stablished in succession . Lastly , for that the action was led by two Prophets , Dauid and Nathan , according to the expresse choise and direction of God p : whereby it is no rule for ordinary right . Here many points do challenge you of indiscretion at the least . You write that Dauid made a promise to Bathsheba in his youth , that Salomon should succeed in his estate : but if you had considered at what yeares Salomon began to raigne , you should haue found , that Dauid could not make any such promise , but he must be a youth about threescore yeares of age . You write also , that Dauid adored his sonne Salomon from his bed : but the words wherewith Dauid worshipped were these q : Blessed be the Lord God of Israel , who hath made one to sit on my throne this day , euen in my sight : whereby it is euident , that Dauid adored God and not his son . This I note rather for obseruation of the loosenesse of your iudgement , then for any thing it maketh to the purpose . You are so accustomed to vntruths , that you fall into them , without either aduantage or end . The like answer may be giuen to your example of Rehoboam ; because God declared his sentence therein by two Prophets , Ahijah r and Shemaiah s . But for that the ten tribes reuolted from Rehoboam , vpō discontentment at his rough answer , and with dispite against Dauid and his house , and not in obedience to Gods decree , we cannot excuse them from offence , for which it turned to their destructiō . For hereupon , first they were separated both from the place & maner of the true worship of God ; thē , there arose vnappeasable war , betweene them & the tribe of Iudah ; then , insolencies following disorders , they were neuer long time free from conspiracies , diuisions and tumults : by which meanes being drained both of wealth and inhabitants , and reduced to a naked weaknesse , they were lastly caried captiue into diuerse farre countries , and strangers were sent to inhabite their cities . I must here also obserue a few of your interpretations , wherein your boldnesse 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 accompted true King. I desire therefore that you would satisfie vs in these places following . Before Rehoboam went to Shechem , the Scripture saith , that Salomon died , and was buried , and Rehoboam his sonne raigned in his stead t . Againe , after the defection of the ten tribes it is sayd , that in the cities of Iudah Rehoboam did raigne still , u implying thereby , that in the other cities he raigned before . Againe , they are sayd to haue rebelled against the house of Dauid w . And lastly , Rehoboam raised all the strength of Iudah and Beniamin , to bring the kingdome againe vnto 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 Salomon , and for his sins . But these speciall warrants do not constitute a law ; they serue onely to make good the particular actions for which they are directed , and not to iustifie another the like . Lastly , S. Paule saith , that all things happened to the Iewes in figure ; vpon which place diuerse expositors haue noted , that the state of the Iewes was a figure of the Church of Christ : but that it was an example and patterne of all other states that should ensue , it shall be ranged among your cast conceipts . I refer me now to the iudgement of any man , who taketh not pleasure to beguile himselfe , whether you do not by art & trumpery manifestly abuse vs ; partly by incapacitie , & partly by deceipt , either corrupting or confounding whatsoeuer you take in hand . Your humor both discontented and vnquiet , hath armed your mind with bloudy desires , which haue edged you on to put fewell to those slames , which you shold endeuour to quench , though it were with your bloud . I will not stand vpon the particular examples of Spaine , as well for that the matter is both tedious and to litle purpose ; as also for that we haue small conformitie with the customes of that nation . Onely thus much in generall : We acknowledge that in auncient times the kingdome of Spaine was electiue , and therfore your examples drawne from thence are nothing pertinent . The examples of later times , are both few and vniust , caried onely by faction and by force ; as Garabay & testifieth of your example of Aurelio , and as by the example of D. Sancho el Brauo I haue declared before a . But you accompt faction to be the Common-wealth , and violence Iustice , when it may make to the furtherance of your affaires . The Historie of D. Berenguela I will briefly report , rather for the respect which guided the Castilians , then that I allow it for right which they did . Henry had two sisters , Donna Blanch the eldest , maried to Lewes the eight King of Fraunce ; and Berenguela the yongest , maried to Alphonso king of Leon. Henry dying without issue , the Castilians feared , if they should submit themselues vnto Blanch , that their state , being lesse then the state of Fraunce , would be made a member thereof , and gouerned as a Prouince , and not as a kingdome . And therefore they did rather chuse to professe allegeāce to the Lady Berenguela ; by which meanes , the kingdome of Leon was afterwards annexed vnto Castile , to the great encrease , both of dignitie and assurance to them both . I haue followed herein your owne Authors , not being ignorant that others of better name do write , that Berenguela was the eldest sister , as I shall haue occasiō hereafter to declare : but for the present let it be as you please ; and let vs weigh our owne wisdomes , not only in straining , but in forging titles , to incurre those mischiefes , which the Castilians reiected , a lawfull title to auoid . And this was also one of the motiues of the reuolt of Portugale , which is your last example ; although it had also ( as Garabay b writeth ) a concurrence of right . For Ferdinand king of Portugale , 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 , & finding himself at some disaduātage , he forsooke the king of Arragōs daughter , & cōtracted himself to Elianor , daughter to the king of Castile , vpō very beneficiall conditions for his state . Afterward , falling into fancy with one of his subiects , named Elianor Telles de Meneses , wife to a noble man called Lorenzo Vasques de Acun̄a , he tooke her as his wife , and enforced her husband to auoid the Realme ; & had by her one only daughter , named Beatrix , who was ioyned in mariage to Iohn king of Castile . After the death of the king of Portugale her father , the king of Castile in the right of his wife , laid claime to that realme , & was accordingly acknowledged by the chiefe of the nobility and Prelats ; and in particular , by D. Iohn maister of Auis , her fathers base brother , who was then the most forward man in her fauour . But afterwards falling into quarrell , and hauing slaine the Count de Oren , he stirred the people against the Queene , & cōpelled her to quit the city . And after diuerse outrages and murthers , committed vpon the Bishop of Lisbone , an Abbesse , and many others , hee was first made gouernour of Portugall ; and then proceeding further , in an assembly of his partie gathered at Coimbra , he was made King. Garrabay writeth , c that the chiefest obiection against Beatrix was , because her mother was not King Ferdinands lawfull wife . And I beleeue you also , that they had a reflexe , not to loose the dignitie of their kingdome ( as now they haue done ) and be made subiect to the cruell both auarice and ambition of a more potent state . To the eighth Chapter , which is entituled , Of diuers other examples out of the states of France and England , for proofe , that the next in bloud are sometimes put backe from succession , and how God hath approued the same with good successe . YOur examples of France ( to which Nation wee are more neare both in scituation and lawes ) I will runne ouer with a swift course . Of the chaunge which twice hath happened in the whole race of the kings of France , I haue spoken before : d you seeme also either to threaten or presage the third chaunge , from the king who now raigneth , and other Princes of the house of Burbon . It was your desire , you applyed your endeuour , with all the power and perswasions you could make . You knit diuers of the Nobilitie in a trecherous league against him ; you incensed the people ; you drew in forren forces to theyr assistance : by which meanes , the Realme fell daily into chaunge of distresse , the men of armes making all things lawfull to their lust . The good did feare , the euill expect ; no place was free , eyther from the rage or suspition of tumult ; fewe to bee trusted , none assured , all things in commixtion ; the wisest too weake , the strongest too simple , to auoyde the storme which brake vpon them : the people ioyning to their miserable condition many complaints , that they had bene abused by you , in whose directions they founde nothing but obstinacie and rashnesse , two daungerous humours to leade a great enterprise . At the last , when lamentable experience had made that knowne vnto them , which they had no capacitie by reason to foresee , they expelled as well your company as counsell out of the Realme ; and so the firebrands which you had kindled , were broken vpon your owne heads ; hauing opportunitie by your iust banishment to enter into conscience , both of the weakenesse and wrong of your aduice . The partition of the Realme of France between Charles the great , and Carlomon his younger brother , and also the vniting thereof againe in Charles , after the death of Carloman , depended vpon the disposition of Pepin their father , and not vpon the election of the people . Girard saith , that e Pepin hauing disposed all things in his new Realme which hee thought necessarie for the suretie thereof , hee disposed his estate ; leauing the Realme of Noion to his sonne Charles ; and to Carloman his other sonne , that of Soissons , & that by the death of Carloman , both his place and his power did accrue vnto Charles . In this manner , the first of a family , who hath attained a kingdome , hath ordinarilye directed the succession thereof . The contention betweene Lewis le debonaire and his sonnes , according to your owne Author Girard , f proceeded and succeeded after this manner . Certaine Lords of France taking discontentment at the immoderate fauours , which the king shewed toward Berard his great Chamberlaine , conspired against him ; and for their greater both countenance and strength , drew his owne sonnes to bee of their faction . But Lewis brake this broile , more by foresight then by force ; and doing execution vpon the principall offenders , pardoned his sonnes . Yet they , interpreting this lenitie to slacknes of courage , rebelled againe , gathered a greater strength , & drew Pope Gregorie the fourth to bee a complice of their vnnaturall impietie : whereby it appeareth ( saith Girard ) that they are either foolish or mischieuous , who wil affirm , that euery thing is good which the Popes haue done . Afterward they tooke their father , vnder colour of good faith , and sent him prisoner to Tortone , & then at Compeigne assembled a Parliament , composed of their owne confederates , wherin they made him a Monke , & brought his estate into diuision & share . It is easie to coniecture ( saith the same Girard ) what miserable conditions the Realme then endured ; all lawes were subuerted , all things exposed to the rage of the sworde , the whole realme in combustion , and the people extreamely discontented at this barbarous impietie . In the ende Lewes , by the aide of his faithfull seruants was taken out of prison , and restored to his kingdome ; and his sonnes acknowledging their faulte , were receiued by him both to pardon and fauour . His sonne Pepin being dead , he diuided his Realme among his other three sonnes , Charles , Lewes , and Lothaire ; but Lewes rebelled againe , and was again receiued to mercie : lastly , hee stirred a great part of Germanie to reuolt , with griefe whereof the good olde man his Father died . After his death , Lewes and Lothaire , vpon disdaine at the great portion which their Father had assigned to their brother Charles , raised warre against him . The battaile was giuen , wherein Charles remained victorious , reducing them both vnder such conditions , as hee thought conuenient to impose . Loe heere one of your plaine and euident examples , which is so free from all exception . But mindes corruptly inclined , holde nothing vnlawfull , nothing vnreasonable , which agreeth with their passion . Loys le Begue , succeded after Charles , not as you affirme , by authoritie of the states , but ( as in France at that time it was not vnusuall ) by appointment of his father . And wheras you write , that Loys at his first entrance had like to haue bin depriued by the states , but that calling a Parlament , he made thē many faire promises to haue their good will ; it is a very idle vntruth , as appeareth by the Author whō you auouch . At his death , he left his wife great with childe , who afterward was called Charles the simple . But before he had accomplished the age of 12. yeares , there stept vp in his place , first Loys and Carloman his bastard brothers ; then Charles surnamed le Gros ; and after him Odo Earle of Paris . Then Charles the right heire attained the Crowne ; and then againe were raised against him , first Robert , Earle of Angiers ; and afterward Ralph king of Burgūdie . But where you attribute these mutations to the authoritie of the states , Girard saith , that they were by faction & vsurpation of such , who frō the weaknes of their Prince , did make aduantage to their owne ambition ; affirming plainly , that betweene the death of Loys le Begue , & Charles the simple , not one of them who held the crowne of the Realme was lawfull king g , noting further , that the first two races of Kings , were full of cruel parricides & murthers ; & that in those times the Realme was oftē trauelled with tempests of seditiō . Of the vsurpation of Hugh Capet I haue spoken before : Girard writeth , h that althogh he sought many shadowes of right , yet his best title was by force , which is the cōmō right of first vsurpers . And wheras you write , that Henry the first was preferred to the crowne of France before Robert his elder brother : First , it was not by appointment of the states , but of their father ; Secondly , Girard maketh the matter doubtfull , affirming , that some said he was the younger brother ; Lastly , it set vp a dangerous and doubtfull warre betweene them . Further , where you write , that William being a bastarde , succeeded Robert his Father in the Duchie of Normandie , notwithstanding the saide Robert left two brothers in life , it was at that time a custome in France , that bastards did succeed , euen as lawfull children . Thierry bastard of Clouis , had for his partage the kingdome of Austrasie , now called Lorraine . Sigisbert bastard of king Dagobert the first , parted with Clouis the twelfth , his lawfull brother . Loys and Carloman bastards of king Loys le Begue , raigned after their Father . But in the third race of the kings of France , a law was made , that bastards should not succeed in the Crowne ; and yet other bastards of great houses were stil aduowed , the French being then of the same opinion with Peleus in Euripides . k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Oftentimes many bastardes excell those that are lawfully borne : which is verified by Hercules , Alexander the great , Romulus , Timotheus , Themistocles , Homer , Demosthenes , Brutus , Bion , Bartolus , Gratian , Peter Lombard , Peter Comesior , Io. Andreas , and diuers other of most flourishing name . Your examples of Lewes the 6. and Lewes the 11. are not worth a word in answere . In the beginning of their raigne , you affirme that they had like to haue beene disinherited by the state , for the offences of their Father . You beare a minde charged with thoughtes vaine , busie and bolde , without any restreint either of honestie or of discretion . For how else could you here also affirme , that King Henry the third of England , was condemned by his Barons to be disinherited , for the fault of his Father ? It is vsuall with you in all your reports , either plainely to breake beyond the boundes of all truth , or grossely , ( for I cannot now say artificially ) to disguise it , with many false and deceiueable termes . But to conclude for the state of France , which is also to exclude whatsoeuer you haue said ; vnder the raigne of Charles the fift , l for the better establishment of this right , and for cutting of those calamities which accompanie vsurpatiō , there was a lawe made , that after the death of any King , the eldest sonne should incontinently succeede . We are now come to our English examples , of which you might haue omitted those of the Saxon kings ; as well for that there could be no setled forme of gouernment in those tumultuous times , as also for that our Histories of that age are very imperfect , not leading vs in the circumstances , either of the maner or occasion of particular actions : they declare in grosse what things were done , without further opening , either how or wherefore . But both these doe make for your aduantage : for who seeth not , that your exāples are chiefly bred in tempestuous times ; and the obscuritie of Histories will serue for a shadowe to darken your deceit . Well , let vs take both the times and Histories as they are . How will you maintaine that Egbert was not next successour to Briticus by propinquitie of blood ? Briticus left no children , and Egbert was descended of the blood royall , as Polydore affirmeth , m William Malmesbury n saith , that he was the only man aliue of the royall blood , being descended of Inegild , the brother of King Ina. How then is it true which you say , that Britricus was the last of the roial descēt ? and if it had beene so indeede , the right of election should then haue bene in the state . And thus you stumble at euery step , you entangle your selfe without truth or ende . You snatch at the words of Polydore , where he saith ; He is created king by consent of all : which doe imply no other sense , but that which a little after he saith ; That he was saluted king by all . So we finde also , that the like improper speech was vsed at the coronatiō of Philip the second , king of France , whereby the Archbishop of Reimes did challenge power in the right of his Sea , to make election of the king . That Adelstane was illegitimate , you follow Polydore , a man of no great either industrie or iudgement . William Malmesbury 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 Houeden and others , write no otherwise of him , but as of one that was lawfully borne . And in that you english these words of Polydore , Rex dicitur ; Rex a populo salutatur ; Hee was made king by the people : In that you affirme also , that for the opinion of his valure hee was preferred before his brethren which were lawfully borne , whome you acknowledge to be men of most excellent both expectation and proofe ; you doe plainly shewe , that vse hath made you too open in straining of truth . Eldred did first take vpon him but as Protector , because of the minoritie of the sonnes of Edmund his elder brother ; and afterward entred into ful possession of the Crowne . But that his nephewes were put backe by the Realme , it is your owne idle inuention ; it was no more the act of the realme , then was the vsurpation of King Richard the third . That Edwin was deposed from his estate , it is inexcusably vntrue . Polydore p writeth , that the Northumbrians and Mercians not fully setled in subiection , made a reuolt . Malmesburie q saith , that hee was maimed of a great part of his kingdome , by the stroke of which iniurie he ended his life . And whereas you write in commendation of King Edgar his next successor , that he kept a Nauie of 6600. shippes for defence of the Realme , you discouer your defectiue iudgement in embracing such reports for true . In that you say , that many good men of the Realme were of opinion , not to admit the succession of Etheldred after the death of his brother , I dare confidently affirme , that you doe not only tel , but make an vntruth ; hauing no author either to excuse or countenance the same . In that you write also , that betweene the death of Edmund Ironside , and the raigne of William Conquerour , it did plainly appeare what interest the Common-wealth hath to alter titles of succession ; it doth plainly appeare , that both your reason and your conscience is become slauish to your violent desire . For what either libertie or power had the Common-wealth vnder the barbarous rage and oppression of the Danes ? when Canutus had spread the winges of his fortune ouer the whole Realme , none hauing either heart or power to oppose against him , what choise was then left vnto the people ? what roome for right ? what man not banished from sobrietie of sence woulde euer haue saide , that hee was admitted king by the whole Parliament and consent of the Realme ? It is true , that after he had both violently and vniustly obtained full possession of the Realme , slaine the brother of Edmund Ironside , and conueied his children into Sueden , he assembled the Nobilitie , and caused himselfe to be crowned king : but neither the forme nor name of a Parliament was then knowne in Englande ; and if coronation were sufficient to make a title , no king should be accounted to vsurpe . Of Harold the first , the naturall sonne of Canutus , our Histories doe verie differently report . Saxo Grammaticus writeth , that he was neuer king , but that he died before his Father . Henry of Huntington reporteth , that he was appointed but as Regent for his brother Hardicanutus . Others write , that apprehending the opportunitie of his brothers absence , he inuaded Northumberland and Mercia , by force of the Danes who were in Englande , wherevpon the Realme was diuided , one part holding for Harolde , and another for Hardicanutus , who was in Denmarke . But because hee delayed to come into England , they all fell , rather not to denie then to acknowledge Harold for their king . Take now which of these reports you please , for all do serue to your purpose alike . Hardicanutus after the death of Harold , came out of Denmarke into Englande : and the people hauing their courages broken with bondage , were easie to entertaine the strongest pretender . But after his death , diuers of the Nobilitie , especially Godwine Earle of Kent , rising into hope to shake off theyr shoulders the importable yoake of the Danes , aduaunced Edwarde the sonne of Etheldred to the Crowne , as being the next of the race of the Saxon Kings , though not in blood , yet at hand ; for Edward the outlawe his elder brother , was then in Hungarie : and feare being the only knot that had fastened the people to the Danish Kings , that once vntied , they all scattered from them , like so many birdes whose cage had bene broken . Edward being dead , Harold the sonne of Godwine vsurped the kingdome : for as Malmesburie saith ; r By extorted faith frō the nobilitie he fastned vpon the Crowne a forceable gripe : Henry Huntington also , and out of him Polydore doe write , that vpon confidence of his power he inuaded the Crowne s : which vsurpation gaue both encouragement and successe to the enterprise of the Normanes . This short passage of Historie you doe defile with so many vntruthes , that it seemeth you haue as naturall a gift to falsifie , as to eate , drinke , or sleepe . But where you write that William the Conqueror formed any title by cōsent of the realme , you grow into the degree of ridiculous . We finde that he pretended the institution of king Edward , which had neither probabilitie norforce ; and that he was nearer to him in blood , then Harold the vsurper : but that hee euer pretended the election of the people , it is your own clowted cōceit . For whē he had rowted the English armie in the field , when hee had sacked their Townes , harried their Villages , slain much people , and bent his sworde against the brests of the rest , what free election could they then make ? Your selfe acknowlede also in another place , t that hee came to the Crowne by dinte of sworde ; and at his death his owne conscience constrained him to confesse , that hee tooke it without right u . And in that the Pope and the French King fauoured his enterprise , it is not materiall , this was not the first iniustice which they haue assisted . Neither was it the Popes hallowed banner ( as you affirme ) but the bowe and the arrowe , the only weapon of aduantage long time after to this Nation , whereby hee did obtaine the victorie . One helpe hee had also within the Realme , for that King Edward had aduanced diuers Normans , to high place both of dignitie and charge ; who gaue vnto him muche secret both incouragement and assistance in his attempt . And thus in all these turbulent times , you are so farre from finding fiue or sixe , that you are short of any one , who was made King by free authoritie of the people . King William Rufus made no other title to the Crowne , but the testament of his Father : For often vse hath confirmed it for lawe , that a Victor may freely dispose of the succession of that state , which hee hath obtained by the purchase of his sword . * The conquerer disinherited his eldest son Robert , for that , knitting with Philip King of France , he inuaded , wasted and spoiled Normandie , and ioyned in open battell against his father , wherein the father was vnhorsed and wounded , and brought to a desperate distresse of his life . Herevpon he cast forth a cruel curse against his sonne , which he could neuer be entreated to reuoke : in so much as vpō his death-bed he said of him w , that it was a miserable countrey which should bee subiect to his dominion , for that he was a proud and foolish knaue , & to be long scourged with cruell fortune . And wheras you write that at the time of his fathers death he was absent in the warre of Hierusalem , it is a very negligent vntruth . But it is an idle vntruth that you write , that Henry the first had no other title to the crowne , but the election of the people . He neuer was elected by the people ; he neuer pretended any such title . Nubrigensis x & after him Polydore y do report , that he laid his title , because he was borne after his father was king . Malmesburie z saith ; Henry , the youngest sonne of William the great , being an Infant , according to the desires and wishes of all men was excellently brought vp , & because he alone of all the sonnes of William , was princely borne , and the kingdome seemed to appertaine vnto him . He was borne in England in the third yeare after his father entred into it . And this was the like controuersie to that which Herodotus a reporteth , to haue happened betweene the sonnes of Darius , the sonne of Hystaspis , king of Persia , when hee prepared an expedition against the Grecians and Aegyptians : because by the lawes of Persia , the king might not enter into enterprise of armes , before he had declared his successor . Darius had three children before he was king , by his first wife , the daughter of Gobris : and after he attained the kingdome he had other foure , by Atossa , the daughter of Cyrus . Artabazanes was eldest of the first sort ; Xerxes of the second . Artabazanes alledged , that he was eldest of all the Kings children ; and that it was the custome amongst all men , that the eldest should enioy the principalitie . Xerxes alledged , that he was begotten of Atossa , the daughter of that king , by whose puissance the Persians had gained , not onely libertie , but also power . Before Darius had giuen sentence , Demaratus the sonne of Aristo , cast out of his kingdome of Sparta , came vnto Xerxes , and aduised him to alledge further , that he was the eldest sonne of Darius after he was king : and that it was the custome of Sparta , that if any man had children in priuate estate , and afterward an other sonne when he was king , this last sonne should be his successor : vpon which ground Darius pronounced in the behalfe of Xerxes . The same historie is reported by Iustine b , and touched also by Plutarch c , although they differ , both from Herodotus , and one frō the other in some points of circumstance . Hereto also agreeth that which Iosephus writeth d , in reprehending king Herod , for excluding Alexander and Aristobulus his sonnes , and appointing Antipater , borne to him in priuate estate , to succeed in his kingdome . Many great Lawiers haue subscribed their opinions to this kinde of title ; and namely Pet. Cynus , Baldus , Albericus , Raph. Fulgosius e , Rebuffus f ; and Anto. Corsetta g deliuereth it for a common opinion . But with this exception , if the kingdome be acquired by any other title then by succession , according to proximitie in bloud : for in this case , because the dignitie is inherent in the stocke , the eldest sonne shall succeede , although he were borne before his father was King h . And therefore Plutarch writeth i that after the kingdome of Persia was setled in succession , when Darius the King had foure sonnes , Artaxerxes the eldest , Cyrus the next , and two other ; Parysatis his wife hauing a desire that Cyrus should succeede in the kingdome , pressed in his behalfe the same reason wherewith Xerxes had preuailed before : affirming , that shee had brought forth Artaxerxes to Darius , when hee was a priuate man ; but Cyrus , when he was a king . Yet Plutarch writeth , that the reason which shee vsed was nothing probable ; and that the eldest was designed to be King. Howsoeuer the right stoode betweene Robert Duke of Normandie , and his younger brothers , the facte did not stande eyther with the quiet or safetie of the Realme . For , during the raigne of VVilliam Rufus , it was often infested vpon this quarell , both with forren armes and ciuill seditions ; which possessed all places with disorder , and many also with fire , rapine and bloud , the principall effects of a li●entious warre . These mischiefes not onely continued but encreased in the raigne of King Henry , vntill Robert the eldest brother was taken prisoner in the fielde , which put a period to all his attempts . So dangerous it is vpon any pretence to put bye the next in succession to the crowne . This Henry the first left but one daughter , and by her a young sonne named Henry , to whom hee appoynted the succession of the Realme : and tooke an oath of all the Bishops , and likewise of the Nobilitie , to remaine faithfull vnto them after his decease . Yet you write , that because Stephen , sonne of Adela , sister to King Henry , was thought by the states more fit to gouerne , he was by them admitted to the Crowne . In which assertion , you cannot be deceiued , you do not erre ; but your passion doth pull you from your owne knowledge and iudgement . Polydore writeth , k that hee possessed the kingdome contrary to his oath , for which cause the mindes of all men were exceedingly mooued : some did abhorre and detest the impietie ; others , and those very fewe , vnmindefull of periurie , did more boldely then honestly allowe 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 friendes . Nubrigensis affirmeth , that m violating his oath hee inuaded the kingdome . William Malmesburie , who liued in King Stephens time , saith n ; that he was the first of all lay men , next the King of Scots , who had made oath to the Empresse Mawde ; and that he was crowned , o three Bishops being present ( of whom one was his brother ) no Abbot , and a very fewe of the Nobilitie . Henry Huntington , who liued also in the same time , saith p ; that by force and impudencie tempting God , he inuaded the Crowne . Afterward he reporteth q , that being desirous to haue his sonne Eustace crowned king with him , the Bishops withstood it , vpon commaundement from the Pope : because hee tooke vpō him the kingdom against his oath r , Roger Houeden writeth s , that he inuaded the Crowne 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 do write , that he tooke vpon him the Crowne , u partly vpon confidence in the power of Theobald his brother , Earle of Blois ; and partly by the aid of Hen. his other brother Bishop of Winchester . Walsinghame addeth w , that Hugh Bigot , who had bene King Henries Steward , tooke an oath before the Archbishoppe of Canterburie , that King Henry at his death appointed Stephen to be his successour . Wherevpon the Archbishop and a fewe others were ouer-lightly ledde , like men blinded with securitie , and of little foresight : neuer considering of daungers , vntill the meanes of remedie were past . You write that they thought they might haue d●ne this with a good conscience , for the good of the Realme . But what good conscience could they haue in defiling their faith ? such consciences you endeuour to frame in all men , to breake an oathe with as great facilitie , as a Squirrell can cracke a Nut. What good also did ensue vnto the Realme ? The Nobilitie were set into factions ; the common people into diuision and disorder : and as in warres 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 ruine thereof ; the liues and goods of men remaining in continuall pillage . Polydore saith x : Matrons were violated , virgins rauished , Churches spoiled , Townes and Villages rased , much cattle destroied , innumerable men slaine . Into this miserable face of extremities the Realme did fall ; & into the same againe you striue to reduce it . But you say , that for the ending of these mischiefes , the States in a Parliament at Wallingford made an agreement , that Stephen should be King during his life , and that Henry and his offspring should succeede after his death . A man would thinke you had a mint of fables ; there is no historie which you handle , but you defile it with apish vntruthes . All our histories agree , that king Stephen , vnable to range things into better forme , did adopt Henry to be his successor . The second Huntington faith y , that this agreement was mediated , by the Archb. of Cant. and the Bishop of Winchester , who repented him of the furtherance he gaue to the aduancement of king Stephen , when he sawe what miseries did therevpon ensue . The like doth Houeden report z : and Holingshead & setteth downe the forme of the charter o● agreement betweene them ; whereby it is euident , that it was a transaction betweene them two , and no compulsorie act or authoritie of the State. I denie not but some Authors affirme , that the King assembled the Nobilitie , but neyther were they the States of the Realme , neither were they assembled to any other ende , but to sweare fealtie vnto Henry , sauing the kings honour so long as hee should liue . After the death of King Richard the first , you affirme that the succession was againe broken ; for that Iohn , brother to King Richard , was admitted by the States , and Arthur Duke of Britaine , sonne to Geoffrye , elder brother vnto Iohn , was against the ordinarie course of succession excluded . Well sir , I arrest your worde ; remember this I pray you , for I will put you in minde thereof in an other place . That which here you affirme to be against the ordinarie course of succession , you bring in an other place for proofe , that the Vncle hath right before the Nephewe . You do wildely wauer in varietie of opinion , speaking flatte contraries , according as the ague of your passion is eyther in fitte or intermission . The Historie of King Iohn standeth thus . King Richard the first dying without issue , left behinde him a brother named Iohn , and a Nephewe called Arthur , sonne of Geoffrye , who was elder brother vnto Iohn . This Arthur was appointed by King Richard to succeede in his estate , as Polydore writeth a . Nubrigensis saith , that he should haue bene established by consent of the Nobilitie , if the Britaine 's had not bene so foolishly , eyther suspitious or fonde , that when King Richard sent for him , they refused to commit him into his Vncles hands . But after the death of king Richard , his brother Iohn seized vpon his treasure in Normandie , came ouer into England , and in an assembly onely of the Nobilitie , was crowned king . Of these , many he wonne with such liberall protestations and promises , as men carelesse of their word are wont to bestowe : others were abused by the perswasions of Hubert Archbishop of Canterburie , and a fewe others ( saith Polydore b ) not well aduised . Nic. Triuet saith c , that Iohn pretended for his title , not the election of the people , but propinquitie of bloud d , and the testament of king Richard. The same also is affirmed by Walsingham e . And this is the question betweene the Vncle and the Nephewe , of which I shall haue occasion to speake hereafter . But Polydore saith f , that diuers noble men did account this to be a fraudulent iniustice , and therevpon did ominate those euils which afterward did ensue . And when the Archbishop was charged , that vnder colour of reason , partly subborned , and partly weake , he had bene the occasion of all those mischiefes . Polydore g saith , that he was both grieued and ashamed at nothing more ; Rog. Wenden affirmeth , that he excused himselfe , that he did it vpon oracles , and by the gift of prophesie . King Iohn hauing locked himselfe 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 Britane , whose inheritāce he did vniustly vsurpe . For this fact the French king depriued him of all the landes which he helde in fee of the crowne of France , & prosecuted the sentence to effect . After this , as men are easily imboldened against an vsurper , when once he declineth eyther in reputation or in state , diuers of the Nobilitie , especially they of the North , confederated against him : but being neither able to endure his warre , nor willing to repose trust in his peace , they cōtracted with Lewis the French kings sonne , to take vpon him to be their king . And so it often happeneth in ciuill contentions , that they who are weakest , do runne with a naturall rashnesse to call in a third . Lewes being arriued vpon the coast of Kent , the Nobilitie of that faction h , came and sware alleageance vnto him . The Londoners also , many vpon an ordinarie desire to haue new kings , others for feare , and ●ome for company , ioyned to the reuolt . Hereof a lamentable presence of all miseries did arise , whereby as well the libertie as the dignitie of the Realme , were brought to a neare and narrowe iumpe . The poore people , naked both of helpe and hope , stood at the curtesie and pleasure of the men of armes ; the libertie of warre making all things lawfull to the furie of the strongest . The Nobilitie , feeling much , and fearing more the insolencie of the French Natiō , who ( as Vicount Melin a noble mā of France confessed at his death ) had sworne the extirpation of all the noble bloud in the Realme , began to deuise , how they might returne into the alleageance of king Iohn : in so much as a litle before his death , Letters were b●ought vnto him from certaine of his Barons , to the number of fortie , who desired to be receiued againe into his peace . But after his death , which happily did happen within fiue moneths after the arriuall of the French , both their hatred and their feare being at an ende , they were all as readie to cast out Lewes , as they had bene rash to call him in . This History you corrupt with verie many odious vntruthes , which are more harsh to a well tuned eare , 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 Realme ; that God did more defend this act of the Common-wealth , then the iust title of Arthur ; that by the same states , king Iohn was reiected , Prince Hēry his sonne depriued , and Lewes of France chosen to be king ; that the same states recalled their sentence against Prince Henry , disanulling their oathe and alleageance made vnto Lewes . A shamelesse tongue , gouerned by a deceitfull minde , can easily call , faction , the Common wealth ; rebellion , a iust and iudiciall proceeding ; open an often periurie , an orderly reuoking of a sentence ; Gods secret iudgement in permitting iniustice to preuaile , a plain defence and allowance thereof . Of the diuision of the houses of Lancastar and Yorke , it is but little that you write , whereto I haue fully answered before : you do wisely to giue a light touch to this example , it is so hotte that it will scalde your throate . King Henry the fourth , more caried by cursed ambition , then either by necessitie or right , laide an vniust gripe vpon the Realme , 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 whiche they may disturbe the states of other ; not remembring , that right may be troaden downe , but not troaden out ; hauing her secret both meanes to support , and seasons to reuiue her . For although the lawfull successor did warily strike saile to the tempest , because neither the time running , nor the opportunitie present ( which are the guiders of actions ) did consent as then to enter into enterprise . Yet so soone as one heare of occasion was offered , his progenie did set vp a most doubtfull warre , wherein thirteene battailes were executed by English-men only , and aboue fourescore Princes of the royall blood slaine . Loe now the smiling successe of these vsurpations ; loe what a deare 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 vs aduised , to keepe rather the knowne & beaten way with safetie , then vpon euery giddie and brainlesse warrant to engulphe our selues in those passages , wherein so many haue perished before vs. It belongeth to wise men to auoide mischies ; and it is the reward of fooles to lament them . Goe too then , conclude if you please that the people are not bound to admit him to the Crowne , who is the next successor by propinquitie of blood ; but rather to weigh , whether it is like that hee will performe his charge , or no. Conclude this ( I say ) to be your opinion ; and that it seemeth to you to be conforme to all reason , lawe , religion , pietie , wisedome and policie , and to the custome of all Common wealthes in the world : and I wil assuredly conclude against you , that you prate without either warrant or weight . To the ninth Chapter , which beareth title , VVhat are the principall points which a Common-wealth ought to respect in admitting or excluding any Prince , wherein is handled largely also , of the diuersitie of religions , and other such causes . IN this passage you handle what cause is sufficient , either to keepe in , or to cast the next in blood out of state . In which question you determine , that God doth allowe for a iust and sufficient cause , the will & iudgement of the people . Your reason is , for that they are the iudge of the thing it selfe , and therefore they are the iudge also of the cause . Your antecedent you proue ; First , for that it is in their owne affaire ; secondly , for that it is in a matter that hath his whole beginning , continuance and substance from them alone . Your cōsequence you proue by a whole lump of lawe , in alleaging the entire bodie of the ciuil and Canon lawe , assisted also with great reason . Diogenes said of a certain Tumbler , that he neuer sawe man take more paines to breake his necke . In like sort we may say of you ; It is hard to finde a man that hath more busied his wittes , to ouerthrow the opiniō of his wisedome . For the first proofe of your antecedēt , is not only of no force for you , but strong against you ; because no man is a competent iudge in his owne cause ; no man can bee both partie and iudge : whereto I wil adde , that no inferiour hath iurisdiction ouer the superiour , much lesse the subiect against the Soueraigne . Your second proofe , that all the power of a King hath dependency vpon the people , I haue sufficiently encountred before h . And if your consequence were true , that whosoeuer is iudge of a thing , is iudg also without controwlment of the cause ; if this were as agreeable to all lawes as you make countenance , then were all iudgements arbitrarie ; then could no appeale be enterposed , for giuing sentence without iust cause ; then were it false which Panormitane writeth l , that a false cause expressed in a sentence maketh it voide . What shall I say ? what doe you thinke ? doe you think that these fat drops of a greasie brain , can bring the tenure of a crown to the wil of the people ? what are you who endeuour thus boldly to abuse both our iudgement & conscience ? Are you religious ? are you of ciuil either nature or education , who vnder the name of Ciuilian do open the way to all maner of deceits , periuries , tumults & treasons ? What are you ? For you shewe your selfe more prophane then Infidels ; more barbarous then Caniballs , Tartarians , Moores & Mammelucks ; who though they beare themselues in nothing more then hatred and cōtempt , yet do they both loue & honor their kings . I see what you are , the very true follower of the Anabaptists in Garmanie , who openly professed , that they must ruinate the state of kings . And who can assure vs ( for your corrupt dealing make all suspitions credible ) that you doe not also follow them both in desire and hope , to imbrace the Monarchy of the whole world . The difference betweene you is this : they pretended reuelation for their warrant : you worke by deceitfull shewe of reason , by falsly either alleaging , or wresting , or corrupting both humane and diuine authoritie . In what miserable condition should Princes liue , if their slate depended vpon the pleasure of the people , in whom company taketh away shame , and euery man may laie the fault on his fellow ? How could they commaund ? who would obey ? what could they safely either doe or omit ? Who knowes a people , that knoweth not , that suddain opinion maketh them hope , which if it be not presently answered , they fall into hate ? choosing and refusing , erecting and ouerthrowing , as euery winde of passion doth puffe . What staiednesse in their will or desire ? which hauing so many circles of imagination , can neuer be enclosed in one point . And whereas you write , that God alwaies approueth the will and iudgement of the people , as being properly the iudge of the whole businesse ; and that euery particular man must simply submit himselfe therevnto , without further inquisition , although at diuers times they determine contraries , ( as they did betweene the houses of Lancaster and Yorke ) because we must presume that they were ledde by different respects . You seeme not obscurely to erect thereby another priuiledged power vppon earth ; which cannot erre , which doth not deceiue . But it may be some honest minded man will say , that howsoeuer you write , your meaning was otherwise ; you write also afterward , that in two cases euery priuate man is bounde to resist the iudgement of the whole people , to the vttermost extent of his abilitie . Well then , let vs take you for a man , whose sayings disagree , both from your meaning , and betweene themselues : let vs consider what are your two exceptions . The first is when the matter is carried , not by way of orderly iudgement , but by particular faction of priuate men , who will make offer to determine the cause , without authoritie of the Realme committed vnto them . But this exception is so large , that it deuoureth the whole rule : for in actions of this qualitie , the originall is alwaies by faction ▪ the accomplishment by force , or at least by feare , howsoeuer they are sometimes countenanced with authoritie of the state . So Sylla , hauing brought his legions within the walles of Rome , obteined the lawe Valeria to be published , whereby he was created Dictator for 24. yeares : by meanes of which force , Cicero affirmeth m that it was no lawe . Likewise Lawrence Medices , hauing an armie within Florence , caused , or rather constrained the Citizens to elect him Duke . When Henry the fourth was chosen king , ho held fortie thousand men in Armes . And this is most euident by your owne example , of foure contrary actes of Parliament which at diuers times were made , during the contention betweene the families of Lancastar and Yorke , not vpon different reasons , as with little reason you affirme , but vpon different successe of either side . In matters of this moment , the orderly course of proceeding is onely by Parliament . The Parliament must bee summoned by the Kings vvrit , and no act thereof hath life , But by expresse consent of the King. If this forme had alvvayes beene obserued , neyther our Kinges should haue beene deposed , nor the next successours excluded , nor the title of the crowne entangled , to the inestimable both weakning & waste of all the Realme . Your second exceptiō is , when such a man is preferred to the crowne , by whō God is manifestly offended , & the realme preiudiced or endangered : in which case ( you say ) euery man , with a free and vntrowled conscience , may resist what he can . It was euen here I looked for you . Your broyling spirits do nothing else but fling firebrands , & heape on wood , to set kingdomes in combustiō . What rebellion , what reuolt hath euer bin made , but vnder some of these pretenses ? what Princes actions , either by malicious or ignorant interpretation , may not easily be drawen to one of these heades ? you are a nursery of war in the common-wealth : a Seminary of schisme & diuisiō in the church : In sum , all your actions , all your thoughts are barbarous & bloody . You write much of right & iustice , but you measure the right & iustice of a cause , by the aduantage of your owne affaires . You speak as hauing a tender touch of the glorie of God ; but you stretch out your throate with high wordes of contradiction against him . You make shew of care to pre●erue the state , but you are like the Iuy , which ●eemeth outwardly both to imbrace and adorne the wall , whereinto inwardly it doth both eate & vndermine . For what meanes either more readie or forceable to ouerthrow a state , then faction and intestine quarels ? and what other milke doe you yeelde ? what are your opinions ? what your exhortations ? but either to set , or to holde vp sedition and bloodshead ? Saint Paule teacheth vs not to resist higher powers n , although both cruel and prophane ; you teach vs to resist them what we can : the Apostle is followed of al the auntient Fathers of the church ; you are followed of those only who follow the Anabaptists . For my part , I had rather erre with the Apostle in this opposition , then holde truth with you . But I will speake more moderately in a subiect of such nature ; I wil not say thē that I had rather erre , but that I shall lesse feare to erre in not resisting with the Apostle , thē in resisting with you . New councels are alwaies more plausible then safe . After you haue plaide the Suffenus with your selfe , in setting the garland vpon your owne head , and making your imaginarie audience to applaude your opinion , as worshipfully wise , you proceede to declare what ought chiefly ●o be regarded , in furthering or hindering any Prince towards the Crowne . Three points ( you say ) are to bee required in euerie Prince , religion , chiualrie and iustice ; and putting aside the two last , as both handled by others , and of least importance , you assume onely to treate of religion ; wherein , eyther errour or want doth bring inestimable damage to any state . You drawe along discourse , that the highest end of euery Common-wealth , is the seruice & worship of God ; and consequently , that the care of religion is the principall charge which pertaineth to a King. And therfore you conclude , that whatsoeuer prince doth not assist his subiects to attaine this ende , omitteth the chief part of his charge , & committeth high treason against his Lord , and is not fit to holde that dignitie , though he performe the other two partes neuer so well . And that no cause can to iustly cleare the conscience , whether of the people , or of particular men , in resisting the entrance of any Prince , as if they iudge him faultie in religion . This is neither nothing , nor all which you say . In electiue states , the people ought not to admit any man for King , who is eyther colde or corrupt in religion ; but if they haue admitted such a one with soueraigne authoritie , they haue no power at pleasure to remoue him . In successiue kingdomes wherein the people haue no right of election , it is not lawfull for priuate men vpon this cause to offer to impeach , either the entrāce or cōtinuance of that king , which the lawes of the State do present vnto them : not only because it is forbidden of God ( for that is the least part of your regard ) but because disorderly disturbance of a setled forme in gouernment , traineth after it more both impieties and dangers , then hath euer ensued the imperfections of a king . I will come more close to the point in controuersie , and dispell these foggie reasons which stand betweene your eye and the truth . There are two principall parts of the lawe of God ; the one morall or natural , which containeth three points ; sobrietie in our selues , iustice towards others , and generally also reuerence and pietie towards God : the other is supernaturall ; which containeth the true faith of the mysteries of our saluation , and the speciall kind of worship that God doth require . The first , God hath deliuered by the ministrie of nature to all men ; the second he doth partly reueale , & partly enspire to whō he please : and therefore although most nations haue in some sort obserued the one , yet haue they not only erred , but failed in the other . During the time of the lawe , this peculiar worship of God was appropriate only to the people of Israel , in a corner kingdome of the world : the flourishing Empires of the Assirians , Medes , Persians , Aegyptiās , Graecians , Syrians and Romans , eyther knew it not , or held it in contempt . The Israelites were almost alwaies in subiection vnder these both Heathen & tyrannicall gouernments ; & yet God by his Prophets enioyned them obedience ; affirming , that the hearts of kings were in his hands ; & that they were , the officers of his iustice , the executioners of his decrees . In the time of grace , the true mysteries both of worship and beliefe , were imparted also to other nations ; but the ordinarie meanes to propagate the same , was neither by policie , nor by power . When S. Peter offered prouident counsell ( as hee thought ) vnto Christ , aduising him to haue care of himselfe , and not to go to Hierusalem , where the Iewes sought to put him to death , Christ did sharply reproue him for it o : when he did drawe his sword , and therwith also drew bloud in defence of Christ , hee heard this sentence ; p They that take the sworde shall perish with the sworde . Christ armed his Apostles onely with firie tongues q ; by force whereof they maintained the fielde , against all the stratagems and strength in the world . And when Princes did , not onely reiect but persecute their doctrine ; they taught their subiects obedience vnto them r , they did both encounter and ouercome them , not by resisting , but by persisting and enduring . This course seemeth straunge to the discourse of of reason , to plant religion vnder the obedience of kings , not only carelesse therof , but cruell against it : but when we consider that the Iewes did commonly forsake God in prosperitie , and seeke him in distresse ; that the Church of Christ was more pure , more zealous , more entire , I might also say more populous , when shee trauelled with the storme in her face , then when the winde was eyther prosperous or calme ; that as S. Augustine saith , Want or weakenesse of faith is vsually chastised with the scourges of tribulatiōs ; We may learne thereby no further to examine , but to admire and embrace the vnsearchable wisedome and will of God. Seeing therefore that this is appointed the ordinarie meanes , both to establish and encrease religiō , may we aduenture to exchange it with humane deuices ? Is it the seruants dutie eyther to contradict or dispute the maisters commaundement ? is there any more readie way to proue an heretike , then in being a curious questionist with God ? is hee bounde to yeelde to any man a reason of his will ? It is more then presumption , it is plaine rebelliō to oppose our reason against his order , against his decree . It standeth also vpon common rules : That which is contrary to the nature of a thing doth not helpe to strengthen , but to destroy it : It is foolish to adde externall stay , to that which is sufficient to support it selfe : It is sencelesse to attempt that by force , which no force is able to effect : That which hath a proper rule , must not be directed by any other . And this was both the profession and practise of the auntient Fathers of the Church , as I haue declared before t ; wherto I wil here adde that which S. Ambrose saith u : Let euery man beare it patiently , if it be not extorted frō the Emperor , which he would be loath the Emperor should extort frō him . And least they might be interpreted not to mean obedience , as wel to succession as to present power , they alledge that which the captiue Iewes of Babilon did wright , to the tributarie Iewes which were at Ierusalem w ; to pray for the life not onely of Nabuchodonosor , the King of Babilon , but also of Baltasar his sonne , the next successor to his estate . But in latter times , Innocentius hath taught , and is also seconded by Castrensis x , that loue is a iust cause to moue armes for matters of religion ; vnder which pretence , diuers men haue pursued their owne priuate purposes & end●s . Guicciardine wrighteth y , that Firdinand who was called the catholicke , did couer al his couetous and ambitious desires , with the honest and holy veile of religion : the like dooth Iouius reporte z of Charles the fifth Emperour . Paulus Aemilius & wrighteth thus of all : euery man professeth his war to be holy ; euery man termeth his enemies impious , sanctity & piety is in euery mans mouth , but in aduise and in action nothing lesse . The cōtention is for worldly right , take away that , and you shall finde no cause of war. Now they pretend piety to euery mischiefe : the name of holy warrefare , ( most miserable ) is applied vnto armes . Hereupon such cru●ll calamities haue ensued in most partes of Europe , & ●specially in Germanie and France , with so little furtherance to that cause , for whose supportance force was offred , that all the chiefe wrighters of our age are now reduced to the former opinion ; affirming with Arnobius a that religion is of power sufficient for it selfe : with Tertulian also b Hactantius c , Cassiodorus d Iosephus e , S. Barnard f , and others , that it must be perswaded and not enforced . They of your society , as they tooke their originall from a souldier , so they are the onely Atheologians whose heades entertaine no other obiect but the tumult of realmes ; whose doctrine is nothing but confusion and bloodshed ; whose perswasions were neuer followed , but they haue made way for all miseries and mischiefes to range in , to come forward , to thriue , to preuaile . You haue alwayes bin like a winter sunne , strong enough to raise vapours , but vnable to dispell them . For most cowardly companions may set vp striefe ; but it is maintained with the hazard , and ended with the ruine , alwayes of the worthiest , and sometimes of all . The summe is this . So long as we expresse pure pietie , both in our doctrine and in our doings ; all will goe well ; but when we make a mixture of deuine and humane both wisedome and power ; when we preach policie : when we make a common trade of treason ; when we put no difference betweene conscience and conceite ; we must needes ouerthrow , either religion or our selues . Now I will answere the reasons of your assertion . First you say , that if Princes doe not assist their subiects in the honour and seruice of God in this life , God should drawe no other fruite or commodity from humane societies , then of an assembly of brutish creatures . But this reason is not onely weake , as it may appeare by that which hath beene saide , but also brutish , and ( which is worse ) prophane . For what fruite , what commoditie doeth God drawe from societies of men ? is not his glory perfect in it selfe ? can we adde any thing to the excellencie thereof ? hath he any neede of our broken worship ? God is an absolute beeing , both comprehending , and exceeding all perfections : an infinite being , and therefore his sufficiencies neither can be encreased , neither doe depend vpon any , but onely of himselfe . He was from eternity without any world , ●nd a thousand worldes more cannot any deale encrease his felicity and glory : he did create the world , not to perticipate any thing thereof , but to communicate from himselfe vnto it . Heereupon Iob saith g . What profit is it to God if thou be iust ? What aduantage is it to him if thy wayes bee cleane ? Surelie we must be better enformed of the soundnesse of your iudgement , before we dare depend vppon the authority of your worde . You put vs in minde that you compared an heire apparant to a spouse , betroathed onely and not maried to the common wealth . I remember it well ; but I did not take you for such a widower of wit , that you could thinke it worthy to be repeated . And yet that which herevpon you deduce out of S. Paul maketh altogether against you . S. Paul saith h , that if a brother hath an infidell to wife , if the consent to abide with him , he may not put her away : and likewise if a woman hath an infidell husband : but if the infidell doeth depart , then the Christian is free . Now if you will needes make a marriage betweene a King and his subiects , you might heereupon conclude , that if an infidell King will houlde his state , the people may not dispossesse him . And whereas you affirme , that all they who differ in any point of religion , and stand wilfully in the same , are infidelles the one to the other , you shew both a violence and weakenesse of minde . For obstinate error in certaine articles of ●aith , and not in the whole state and substance thereof , doth make an hereticke , but not an Infidell . And although the Canon lawe dooth in some case dissolue mariage betweene a Christian and an Infidell i ; yet doth it not permit the like betweene a true Christian and an heretick k . And Panormitane l in his doubting manner denyeth , that the Church hath power to authorize diuorce in case of heresie . So that allowing your compa●ison for good , yet in case of infidelitie , S. Paule ; in case of heresie , the Cannon lawe is altogether against you . You adde , that albeit the religion which a man professeth be neuer so true , yet whosoeuer hath a contrary perswasion thereof , he shall sinne damnably in the sight of God , to preferre that man to a charge , wherein he may drawe others to his opinion . But I will omit this streine , and yet rather as impertinent then true . For there are few nations in the world , wherein the people haue right to prefer any man to be king : & that which you alleage out of S. Paule m for your proofe , is very different from the case which you do forme . The Apostle speaketh when an action is of it selfe indifferent , but a weake conscience iudgeth it euill ; being also euill by circumstance , in offending others : you speake where an action is good in it selfe , but an erronious conscience iudgeth it euill . I allowe , that a good action contrarie to conscience is vnprofitable ; but that it is alwayes a damnable sinne I dare not affirme . I dare not affirme that the Romane armie did damnably sinne , in defering the Empire to Iouinian ; who excusing himselfe , ( as Zona●as wrighteth ) because being a Christian he could not command a Pagane armie , 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 sinne , which Zonaras o wrighteth of the Bulgarians , in taking armes against their King , because he was conuerted to Christian religion ; albeit they did according to their conscience . It were a deflowring of time to diue into the depth of this question ; because it appe●teineth to electiue states , and not vnto vs. But where you wright , without eyther authoritie or proofe , that to assist , or not to resist the aduancement or gouernment of any king , whom we iudge faultie in religion , is a most damnable sinne , of what side soeuer the truth be ; you breath out most filthy and vnsauorie smoake ; you lift vp your voice into high blasts of blasphemie , against the most high . God hath taught by the Apostle S. Paule p , that whosoeuer resist the higher powers ( which at that time were Infidels ) receiue vnto themselues damnation ; you teach , that whosoeuer doth not in the like case resist , doth damnably offend . Were not the spirit of diuision , otherwise called the deuill seated in your soule , you would not thus openly oppose the setlings of your rotten braine , against the expresse and direct sentence of God. What ? is it a damnable sinne to doe euery man right ? is it damnable to giue Caesar that which is his due q ? to giue tribute , honor , feare , to whom they appertaine r ? The Apostle saith , that Christians by resisting the power of Infidell rulers , do acquire vnto themselues damnation s : and shall wee yeelde credit vnto you , that Turkes , Moores , Infidels , should damnablye sinne , eyther in admitting or enduring the authoritie of a Christian Prince ? How vilie doe you value the iudgements of men ? at how lowe rate doe you prize both your conscience and credit ? I could rise into riot of wordes vpon you , were it not that I respect what is seemlye , rather for mee to speake then for you to heare . Certainely , if we had receiued no such commaundement from God , the regarde of the quiet of humane societies is sufficient to ouer-whelme your hereticall assertion : for seeing there are many different professions of religion , not onely in the world , but almost in euery nation of the world : seeing also ( as Philo saith t ) euery man , eyther by vse or instruction iudgeth his owne religion best : what suretie could any Prince , what safetie could any people enioy , if your firie opinion should take place ? what assurance can there be of life or of state , where the sworde beareth swaye vpon such occasions , & that guided by hands both tumultuous and fierce . And seeing among many religions there can be but one truth , if all men should be obstinatelie bent against the gouernment of any , who in their iudgement is faultie in religion ; what likelyhood can we eyther conceiue or coniecture , but that many errours would soone preuaile against the onely trueth . And therefore it is farre more moderate and safe , to vse the ordinarie meanes both of maintaining and propagating the trueth , and to commit the successe thereof vnto God ; and ( as Iosephus aduiseth ) not to offer eyther contumelie or violence against any religion , least we prouoake thereby the professors thereof to doe the like against our . Your last reason is drawne from policie and consideration of state ; because a King will neyther trust nor fauour , much lesse aduance him , that is not of the same religion with himselfe : but to the contrarie , hee shall bee subiect to all molestations , iniuries and other auersions , which are incident to those who are not currant with the present course of affaires . Oh sirre ; this is the Helene for which you contend ; you concurre in opinion with those Athenians of whome Alexander demanded deuine honours ; not so obstinately to defend heauen , as to loose the benefit of the earth . This is the marke whereat you aime , this is the Compasse whereby you sayle ; as diuers flowers doe open and cloase , according to the motion of the same ; so according to the variation hereof , you extend or restraine your plyant conscience as you please . But the Apostle teacheth vs to be obedient to higher powers , for conscience sake u , and not for anye priuate respect . Besides , all Princes are not of that disposition whereof you speake . Suida wrighteth of one , who changing religion to please his King , was therefore adiudged to loose his head ; one being appointed to crye at the time of his execution ; Hee that keepeth not faith with God , what sound conscience can hee beare towards men ? The Protestants in France are not altogether cast eyther out of fauoure or out of charge : and manie Romane Catholickes in England , doe enioye their full part , of all the plentie and pleasures that the realme can affoord . Lastly , what haue you to doe with reasons of state ? This is the Eagles feather which consumeth your deuotiō . Your office is to meditate , to pray , to instruct mē in pure deuotion , to settle their soules in piety & in peace . But do you containe yourselues within these limmits ? nothing lesse . You take vpon you the pollicie of state ; yoù ●end & deface the reputation of Kings ; you make your selues both iudges & moderators of all their actions , allowing them to flie no further then you giue them wings . You dispose not onely their affaires , but their crownes at your pleasure ; you hunt them , not to couert , but to death . You contriue wa●s to compasse your designes ; you traine vp your followers in the high mistery of treason ; you cast into euery realme the apple of striefe : your doctrine is to no other vse but as drummes , Fifes , and trumpets to incense fury . To these endes , you wrest scriptures , you corrupt histories , you counterfeit reasōs , you corrupt all truth ( pardon my plainenes I pray you , I haue not atteined to your dexterity in disguising matters with smooth termes ) you are obstinate to hazard rather all dangers , then to be cut of from one point of your purpose . You acknowledge no religion but your will , no law but your power : all lies , treacheries and fraudes do change their nature , and become both lawfull and laudable actions when they beare for the aduantage of your affaires . But this is directed to deuotion , ( you will say ) and as you terme it , ordine ad deum , for a holy and religious end . Away then with your deuotion , and so we shall be rid of your dangerous deceit . Away I say with your deuotion ; or else we will conclude of you as Liuie did of Anniball : nihil veri , nihil sancti , nullus deûm metus nullum iusiuradum , nulla religio . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Notes, typically marginal, from the original text Notes for div A02848-e270 a In c. 1. tit . de success . feud . b In quaest●an rex Franc ae r●c●gn s●at ●uperiorem . c In ●●emo . D. d● l●g 1. d In ●●ū praetor . § non autem . D. de Iudi. e A pud Aristor . thetor . 3. ca. 10. f Lib. 5. g In cerpsychore h In eius vita . i Lib. 3. ca. 2. k Vbi . 5. l Antiqu. 14. ca. 1 m Lib. 1.2 . belli Iu●●ci . Allobroges . n In Lisan●i . Mich●el Riccius . Lib. 1. de l c. st●●e de France . q Cons. 389. lib. 2. r Cons 4● . lib. 3. In. c. 1. tit . an mu●us vel imperfectus . t In c. vlt. tit . ● pif . vel ab . u l. 3. D●le interdic . & rel . l. 2. C●de libert . & co● . lib ●diui fratres . D. de iur . patr l quaeritur D. de bo lib. panor . cons. 85. lib. 1. Io. Annd. in c. significasti de so . comp . x In l. vii . in fi . de senat . x c●ius naturale . dist . 3 y 1.2 . q. 94. d. 2. z rom . cap. 2. & 3. ' quod naturali● ratio inter omnes homine● constituit , id apud omnes peraeque custoditur vocaturque ius gentium . l. ix . D. de iust . & iur . a iust . de ter . deni . §. singulorum . b in re consensio omn. ū gentium , lex naturae putanda est . i. Tuscal . c in l 1. C. de testam . d 4. Socrat. e In com . in . 6. f Ad ephes . 4. g Tit. h c. ● . de decret . ab ord . fac . l. 32. de legi . i ad Q. fratrem . prouocandū ad sensus . k interiori nescio qua conscientia i●aec sentimus . de vtti . cred . l omn● malum aut timore aut pudor natura perfu●it . in apol . lice possin : negare , non possunt tamen non crubesc . 1 c. 3. de offic 14. n l. 3. si auro . D. de vsur . l. 8. D. quib . mo . pi . sold. 15. de cond . l. 14. D. de nup. o 7. var. 16. ;? topic . prin . p 5. consil . 38. q ipsius vocem naturae de natur . deot . r 15. prob . 3. s 8. de legib . t 4. consil . 496. u 1. polit . x sine imperio n●c d●mus vlla , nec ciuita● , nec gen , neel ominem vniu●t sum genus state , n●c re●um natura om●● nec ipse den . que m●●dus potest . ● . de legib . y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 1. polit . ca. 3. z ca. 17. ver . 6. & ca. vlt in si . z l. si quis post . humos . D. de lib. et posth . ', Arduvm semper codem loci potcutiam & cōcordiam esse . iiiii . annal . a In pr●ncipt● lib. d● v●tis ●ententi●que Philosophorum . b Lib. de dogmatis Philosophorū . c In successionibus Philosophorum . d Lib. 8. de vi●is & sententiis Philosophorum . e Lib. 1. contra Iouinian . f c. nuptiae . 32. di . 1. g Lib. 6. de sanit . tuend . h In Timaeo . i In Philebo . k In Epinomide . l Anno. 1552. m Vnum imperii corpus vnius animo regendum videtur . 1. annal . n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in Enagora . p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . r In cap. 1. s certū est omnos antiqua● gentes regibus paruisse . 3. de legib . t in Caulin . u principio tersū , gentium nationumque imperium p●nes r●ges crat . lib. 1. x 1. reg . 8.5 . x in ca. 2. y vtpote cum lege re●●a quae denu●crio cius lara est , populus e● & in eum omne sur●m im : cusuin & pot . statem consera l 1. D. de c●●st pr●ne . z sub vmbra cius vrbem terratum d●minam latere , ●●us nutus ●ro decretis patrum , pro iustis populi ●sse . lib ●0 . ,' nemo erat quo magis innixa res romana , qu m●in Papirio cutsore c●tatet . lib. ● . a in●pelopid . b in pericle , c trepidi patres ad summum au●ilium decurrunt Dictatorem dici placuit . lib 6. d Dictatoris edictum pro numine semper obseruatum . lib. 6. e tantus erat dictatoris terror apud hostes , vt co creato statim a manibus discesserint . lib. co . f ve recte prudentes quidam de vita Augusti post mortem eius inter se conferentes , dix●runt , non aliud discordantis patriae remedium suisse , quam si ab vno regeretur . ann . 1. g in epist. 1. ad Q. Fratreu● . in apolog . i Lib. 16. k Lib. 39. l Lib. 1. m Lib. 1. n Lib. 1. o Belli macedonici . lib. 10. p Lib. 16. q Lib. 7. In Euterpe . Aeneid . 1. t Lib ad oc●au . August . u In Cytopaed . x In Artaxerxe . y In polyhimnia . z Lib. 2. a Lib. 6. ca. 28. Lib. 7. b Lib. 5. ca. 12. c De praeparar . euang . lib. 10. d lib. 34. Lib. 46. e Iustin. lib. 14. & 41. f De morib . Ger. g 2. Chron. ca. 21. h In polyhimnia . i In epist ad onagrium , & in gen . 49. k Cons. 275. vol. 2. l L. Ex hoc iure D. de iust & iuro . semper fuit , & semper erit . &c. m in c. Licet . de voto . n Cons. 94. & 274. o in prooem . D. §. Discipuli . p Cons. 287. q in c. Prudentiā de offic . de leg . r in l maximum . C. de lib. praeter . & cons. 179 li. 1. s Cons. 25. lib. 5. t Cons. 2. u Con. 67. x Deci. 476. & con . 60. y in c. 1. tit de his qui feud . da. poss . & in c. Qualite● . tit . Si de feu . su cont . inter do . z in ●ub de test . lib. ● . & inc . grandi . de sup . ●cque prael . a in l. 1. D. de const . prin . & in l. n●mo . de leg . 1. Cons. 225. ●● 289. c Cons. 25. lib. 1 d Tract . de pu● . & excel . regia q. 9. e in ● quart . ad l. Falcid . f Cons. 9. tit de feud g in l. Obuenire . D. de verb. fig. h cius natural . dist . 1. i Z●ch . 12.10 . 2. Reg. 13.21 . l In Exod. cap. 11 in term . de septem plagis n in Gen. hom . 51 o Vbi ● . p De h●sto . anim●● . lib 6. cap. 1● . q Lib. 11. cap 40 s Histor. chilia . 4. cap 126. r De it otu animal lib. 3. & lib. 15. cap. 13. t in Arato . u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in dia logo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . y Lib. 2 de Cain & Abel . cap. 2. z Exod. 4. Homil 5 aduersus Iudaeos . b Gen 47. c Gen. 27.19 . d Deut. 1.17 . Exod. 13.2 . & 22.19 . & 34. 19 Leuit. 27.26 . Num 1.13 & 8.16 & 18.15 . N●hem . 10.36 . ●zech . 44.30 . : Luk 2.23 . f Matth. 19.30 . & 20.16 . Marc. 10.31 . Luc. 13.10 . g 1. Cor. 1. circa si . h lib. 7. i in preoem D. § Discipuli Et in L. donationes . C. de d●n . inter vir . & ●x . k In L 2. C. de iur . Emphyt . l Per l. Ex facto . ● Pen. D. ad Treb. m Cons. 275. lib. 2. in l. Proximus . D. de ●e●b . sig . o L. ●x d●obus . D. de vu●g . & pu● . p in l. Si quis priorit §. talem . D. de secund . p Ibid. q in addit . Bar. l. 1. c. Qui habebat D. de bo . poss . ● nt . tab & in disp●t . in cip . Sigism ●nd . r Cons. 92. s in t. act de pot . & excell . reg . q. 10. & q. 74. t in c. quaeritur . §. item opponitur 22. q. 2. u Vnigeni●us . y c nam & ego . Dever . fig. y Lex regia . z L. 1. de const . princ . a De rep . lib. 1. b L. Si st●its & ib. Bar. & Bald D. de dam. infect . c L. Si q●●s iusiarandum . c. de reb . cr●d . d Inst. de iur . Person . e L. 1. de vsucap . f L. vlt. C. de praesc . long . temp . I. sicut c. de praesc . 30. ann . g L. Si de interpretatione . D. de Ll. h L. Omnes populi . De iust . & sur . l. Sed & ca. D. de legib . i e. 1. de Feud . k c. 1. de ali . Feud . l L. Testaments omnia . C. de test . k c Ridiculum 12 di . l in c Quanto de transl . , ral . m in c Domino . 50. di . n in L. ●ive●o D. de sol . Mat. p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . o in tract . de imper q De ciuit . D● . lib. 2. cap. 21. r lib. 3. de repub . s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . t Viue moribus praelentibus , loquere verbis praesentibus . Lib. de clar . thetor . x Lib. 15. c. 11. & lib. 1. cap. 10. y Quae praeter consuetudinem & morem maiorum fiu●t , neque placen● , neque iecta videntur . z 4. de ciuit . a 5. Cons. 132. b Grandia latrocinia . lib. 10. d 1. de benesie . e Orbis terratū praedo . f l. Postliminium D. de captiu . g Arma tenenti omnia dat qui iusta negar . h Reg. peccatum p. ● . §. 9. i in rub . C. de la. Ii . Vt qui vicissent , iis quos vicissent , quemadmodu● velint imperarent . ●irom . 1. Archid. Iudic. 11.23 . & 24. Deut. 20. Gen 48 , 12. q 1. Ciu. r 4. de form . s v. de ciuit . Inst. de pob . iud . s Herod . lib. 1. t Ture principem ●olite , non datū , sed ●atum . Lib. 1 del ●e●ate de France . Notes for div A02848-e8030 a 2 Sam. 10. b Fol. 21. c Pag. 17. 1. Pet. 2. Plutarch . in probl . Rom. 13. d Marc. 16. Col. 1.23 . Ad Auxentib . g Gen. 10.5 h Hom. in Gen. i Gen. 10.9 . k in Cratylo . l ●oct . Attic. 9. cap. 4. m Gen. 10. n Ninus primus dicrut bello parta retinuisse , cum priores contenti victoria ▪ imperio abstinuissent . Iust. 1. * l. 2. de orig . iur . * Contra Appianum . q lib. 2. de regno . r Aeneid , ● . s Aeneid . 3. t Aeneid . 1. u Aeneid . 5. * lib. ● . x in Apopht , y At cum ius aequabile ab ●no viro homines non consequerentur , inuentae sunt leges . Offic. 2. a Ann. 1116. * l. 13. C. de sen. & interloc . om . iud . 5. Cons. 33. & 6 50. 3.100 . 3. Reg. 14. & 15 d Gell. lib. 5. ca. 19. e Iura dedit . f Tanto consensu quanto haud qui●quam alius ante rex est declaratus . g i●● . 2. D. de orig●●r . h i●s ci●●le ●apirianum . i Nullum esse discordantis patrie remedium , quam vt ab vno rege●etur . annal● k in Act. cap. 8. l lib. 2. cap. I. m lib. 6. cap. 29. & 30. n Gen. 27.22 o Protestatio aetui contraria non releuat . p In Dionys. q 2. ca. 2.10 . r ver . 8. s Rom. ● 3. t 1. ca. 2 ver . 13 u Tit. 3.1 . * 1. Tim. 2.2 . x 1. Pet. 2.18 . y In tract . de . exemp . clericorum . z ver . 16. * Galat. 1.10 . a ca. 29.7 . b ca. 1.11 . c ca. 17. d Deut. 17.12 . e Exod. 22.28 . Act. 23.5 . f Eccles. 10.20 . g Rom. 13. h Ierem. 25.9 . i Ezech. 29.18 . k cap. 25. l Prou. 21.1 . m 2. Chron. 36.22 . n 2. Chron. 19.8 . o Psal. 82. p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in polit . q Sap. 6. r Extrauag . Vnā sanctam . de maio , & obed , s in declam . Cic. offic . lib. 1 u Pater patriae . * in l. senium . C. qui test . fa. poss . x 2. Chron. 1. y Prou 28.2 . 2. Chron. 28.6 . z Apolog. 37. * de sacr . ec . Tert. a Ad Demet. b ●actum societatis humanae generale regibus obedire . Confes. lib. 2. c Dist. 8. c. qu● contra . d Tyrannos aggred untur , lolium ab agro dominico ●u●llunt . Matt. 8. f 1. Reg. 19. g Exod. 10. h Math. 10.34 . Notes for div A02848-e11640 a Psal. 73. b Ca. 12 1. c in Alexand. d Apoc. 6.4 . psa . 105.1 . reg 24. f 4 reg . 21. g In Augusto , genu nixus dictaturam deprecatus est , h In August . i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . lib. 53. k in proam . l Lex regia . m lib. 6. n lib. 1. de l'sta●e de France . o Ibidem . Girard . fo 52. q Fo● 58. de l'state . r cap. 5 pa. 8● in Richard , 2. t In ● Barbarius . D. de offic . praesid . u In ● . cu●a pastoralis de ●u●epation . Notes for div A02848-e14060 a De benefic . lib. 7. c ● . 5 . c Cap. 1. d c. dudum . de praeb . lib 6. e l. iudicium soluitur . D. de iudic . f l. solet . de iurisd . g in l. vlt. de iurisd . h in c. pastoral●s de off . ord . i in c. cum ecclesiarum . co . k in d. l. iudicium . l cap ●2 . m 1. El. 1. n l. j. d. ad . l. Iul. maiest . o Frustra sidem sibi quis postulat seruari ab eo , cui sidē a se praestitam seruare recusat . p non obstringitur quis ad implendum quod iurauit si ab alia parte non inpletur , cuius respectu praebuit iuramentum . q in l. cum proponas . c. de pact . r in c. peruenit 2 de iureiur . s in tract fallen reg 199. t l. ille a quo & ● . seq . ad Treb. u in apopht . x lib. 24. y lib. 2. ca. 1. a lib. 2 ca. 2. z l. postliminium . filius D. da capit , et postlim . a c. In mali● . d● reg . iur . in 6. b 22. q. 4.4 . c. 5 c In domit . d Rom. 13. e 1. Tim. 2.2 . Ierem. 29.7 g Generale quippe pactum est humanae succietatis , regibus obedi●e . confess . lib. 2. h Magnum est et speciale documentū &c. ad Auxentium i Ad Auxentiū k Apol. l Act. 4. m in Psalm . 1. Sam. S. q C. coniurationū xj q j. Notes for div A02848-e15230 r In l. 2. D. de seruit . & aqua s cons. 216. t De legib . u In l. vlt. c. si contra in s . w c. sunt quidam . 25. q. 1. * nunc . x Plutarch . in Problem . Graec. y L. iij. D. de leg . j. Dec. in reg . 77. n. 10. z In l. iurisgentium . * quinimo . * In l. claris l. de fideis . a In c. pro●llor●i de praebend . b Cons. 220. lib. 6. & cons. 122. & 125. lib. 4. c In cap. 1. d In spec . tit . 14. * Veniamus n. 10. c An. 633. cap. 74. f Cons. 69. Notes for div A02848-e16520 g Cap. 1. h Rom. 9.13 . i Gen 25.23 . k Cap. j. l Cap. 3. m Cap j. n Metrop . l. 3. cap. 20. o In Prooem . decret . p About the yeare , ●375 . q In c. v●t . 24 q. 1. r In l quesitā . D. de leg . j. s In c● tanta qui fil suat legit . t Con● . 1●2 . l. 2 u Cons ● 2. li. 1 w In c. 1 tit . quis dicat . dux . x Ind. pa●●● . c. de re●●cad . y In rep ●ab . de ca. po & prop. z Cons. 262. & In tra●t de po . & excel . reg . ● 25 a In tra●t de privil 〈◊〉 . par . 1. ca. 109. b In tract . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . c Amend . 9. d Walsingh . in E. 1. c Anno reg . 23. f De nouo rege creando more maiorum . g Sir Tho. Moore , and Stow. h Holingshead . Notes for div A02848-e17770 i 2. Reg 15. & 16. 2 Reg. 2. & 5. k Exod. 20.5 . l Ezech. 18.20 . Ierem. 31.29 . Deut. 24.16 . 2. Chron. 25.2 . m l. siquis sno . § legi● C●de In o●f . test● generali . D●●e rit . nup. l. siliā . D. de senator . l. adoptiuum . D. de In ius voc . n Dist. 56. per tot . o gl . et Dd●b . et in c. vel non est de temp . ord . p 1 Chron. 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 . & Pa. 414. a Cap. 3. b Lib. 34. pa 833. c pa. 841. Notes for div A02848-e18970 d Cap. ● . e Lib. 1. de l'estate . fol 43. f De l'estate . g Di l'estate . lib. 1. pa. 5● . h li. ● . fol. 60. b. Fol. 63. a k In Andromache . l 1375. m Lib 4. circa sin . n De gest . Ang. lib. 1. ca. 2. o Lib. 2. ca. 5. p Lib. 6. q Lib. 2 ca. 8. r Extoria a principibus fide arripuit diadema . s Viribus & genere fretus regni Diadema inuasit . t In part . 2. ca. 2. pa 12. u Lib. vit Will. conq . * Cin. & Bartol . in l. imperialis . C. de nupt . w Lib. Vitj . Will. conq . x Lib. 1. cap 3. y In Henr. 1. sol . 181. z In Henr. 1. lib. 5. & Quod solus omnium filiorum Willielminatus est regie , & ei regnum videretur competere . a In polyhim●n b Lib. 2. c Lib. de fraacrna beneuolentia . d Antiq. lib. 16 cap 3. e In l. imperialis . § illud . C de nupt . f In l. si lenatus C. de dignit . lib. 12. g In tract . de pot . & excell . reg §. 16. h Pet. Iac. in arb . success . reg Franc. 10. Rai . in cap. praeterea . tit . de prohis seud . ali & in tract . nobil quest . 10. Iac. a S. Georg. in tract . seud . D. Benedic . in rep . c. Rainuitius . n. 200. de testam . i In Arraxerxe . k Lib. 12. in prin . l Ibidem . m Sacramenti praeuaricator regnum in vasit . n In hist. ●●uel lib. 1. sol . 101. a. o Tribus episcopis praesentibus , nullis abbatibus , paucissimis optimatibus . p lib. 8 pa 221. Vigore & impudentia ●retus . q Pa. 221. r Quia regnum contra iusiu . randum p●aeripuisse videbatur . s Pa. 275. quasi tempestas inuasit . t In prine li. 12 u In Steph. w Hypodig . pa. , 8. x Lib. 12. pa. 107. y Pa 228. z Fol. 281.2 . & Pa. 62. a Lib. 15. in prin . b Lib. 15 pa. 262. c In prologo . d Iure propinquitatis . e Hypodig . po . 50. f Lib. 15. pa. 263. g Pa , 269. h Walsing . hypodigm● . pa. 56. Notes for div A02848-e22870 h Ca. 1. l In e per tuas . Qui fil . sunt legit . m Lib. de legibus . n Rom. 13. o Math. 16.25 . p Math. 26.52 . q Act. 2.3 . r Rom. 13. 1. Pet. 2. Contra Petihanum . t Ca. ● . u Epist. 54. w Hierem. 29. Baruch . 1 x in rep . l. 5 de iust . y lib. 12. z lib. 30. & Paul. Aem. 6.7.8 a Adu . ge . 3.4 . b Apolo . c Inst. 20.21 . d 2. Var. 27. et . lib. 10 epi. 26. e de Vi. su . f cant . ser. g 22.5 . h 1. Cor. 7. i c. iudaei . 28. q. 1. c. quanto . de diuor . k d. c. quāto c. gaudemus de diuort . l Inc. ex parte . 2. de conuer . coniug . m Rom. 14. 1. Cor. 8. o to . 3. p Rom. 15. q Math. 22 17. Mar. 12.17 . Luc. 20.25 . r Rom. 13 7 s Rom. 13.2 t De legat . u Rom. 13.5