SEVERAL SPEECHES Delivered At a Conference concerning the Power of Parliament, to proceed against their KING for MISGOVERNMENT. In which is Stated: I. That Government by blood is not by Law of Nature, or Divine, but only by humane and positive Laws of every particular Commonwealth, and may upon just causes be altered. II. The particular form of Monarchies and Kingdoms, and the different Laws whereby they are to be obtained, holden, and governed in divers Countries, according as each Commonwealth hath chosen and established. III. The great reverence and respect due to Kings, and yet how divers of them, have been lawfully chastised by their Parliaments and Commonwealths for their misgovernment, and of the good and prosperous success that God commonly hath given to the same. IV. The lawfulness of proceeding against Princes: what interest Princes have in their Subjects goods or lives: how Oaths do bind, or may be broken by Subjects towards their Princes: and finally the difference between a good King and a Tyrant. V. The Coronation of Princes, and manner of their admitting to their authority, & the Other which they do make in the same, unto the Commonwealth for their good Government. VI What is due to only Succession by birth, and what interest or right an Heir apparent hath to the Crown, before he is Crowned or admitted by the Commonwealth, and how justly he may be put back, if he have not the parts requisite. VII. How the next in succession by propinquity of blood, have often times been put back by the Commonwealth, and others further off admitted in their places, even in those Kingdoms where succession prevaileth, with many examples of the Kingdoms of Israel, & Spain. VIII. Divers other examples out of the States of France and England, for proof that the next in blood are sometimes put back from succession, and how God hath approved the same with good success. IX. What are the principal points which a Commonwealth ought to respect in admitting or excluding their King, wherein is handled largely also of the diversity of Religions, and other such causes. LONDON, Printed by Robert Ibbitson, dwelling in Smith field near the Queens-head-Tavern. MDCXLVIII. The first Speech. THe Examples of a mad or furious Heir apparent, or of one that were by Education a Turk or Moor in Religion, or by Nature deprived of his Wit or Senses, do plainly prove that propinquity of Birth or Blood alone, without other circumstances, is not sufficient to be preferred to a Crown; for that no Reason or Law, Religion or Wisdom in the World, can admit such Persons to the Government of the Commonwealth by whom no good, but destruction may be expected to the same, seeing that Government was ordained for the benefit of the Weal-public, and not otherwise. And though some in these our Days have affirmed the contrary, and published the same in writing for the defence, flattery, or advancement of the Prince they favour, affirming that even a fool, mad or furious man, or otherwise so wicked as he would endeavour to destroy the Commonwealth, were to be admitted to the Seat Royal, without further consideration, if he be next in Blood; yet this is manifestly against all reason and conscience, and against the very first end and purpose of institution of Commonwealths, and Magistrates. Hereof it doth ensue, that some other Conditions also must needs be requisite, for coming to Government by Succession, besides the only propinquity or priority in Blood, and that the Conditions must be assigned and limited out by some higher Authority than is that of the Prince himself, who is bound and limited thereby, and yet it seemeth evident they are not prescribed by any Law of Nature or Divine, for that then they should be both immutable and the selfsame in all Countries, (as God and Nature are one, and the same to all, without change) where notwithstanding we see, that these Conditions and Circumstances of succeeding by Birth, are divers or different in different Countries, as also they are subject to changes according to the diversity of Kingdoms, Realms, and People, whereby we are forced to conclude that every particular Country and Commonwealth hath prescribed these Conditions to itself, and hath Authority to do the same. For better proof whereof, it is first of all, to be supposed, that albeit sociability or inclination to live together in company, Man with Man, (whereof ensueth both City and Commonwealth, as Aristotle gathereth in his first Book of Politics) be of Nature, and consequently also of God, that is Author of Nature: though Government in like manner and jurisdiction of Magistrates which do follow necessarily upon this living together, in company; be also of Nature, yet the particular Form or manner of this or that Government, in this or that Fashion, as to have many Governors, few, or one, and those either Kings, Dukes, Earls, or the like: or that they should have this or that Authority more or less, for longer or shorter time, or be taken by Succession or Election, themselves and their Children, or next in Blood: all these things (I say) are not by Law either Natural or Divine, (for then as hath been said, they should be all one in all Countries and Nations, seeing God and Nature is one to all) but they are ordained by particular positive Laws of every Country. But now that sociability in Mankind, or inclination to live in company; is by Nature, and consequently ordained by God, for the common benefit of all, is an easy thing to prove: seeing that all ground of Realms and Commonwealths dependeth of this point, as of their first Principle, for that a Commonwealth is nothing else but the good Government, of a Multitude gathered together, to live in one, and therefore all old Philosophers, Lawmakers, and Wise men, that have treated of Government or Commonwealths, as Plat● in his ten most excellent Books, which he wrote of this matter intituling them of the Commonwealth, Plato de repub. Cicero de repub. Arist. Polit. And Marcus Cicero that famous Counsellor in other six Books that he writ of the same matter, under the same Title. And Aristotle that perhaps excelleth them both, in eight Books which is called his Politics, All these (I say) do make their entrance to treat of their Commonwealth affairs, from this first Principle, to wit, That man by Nature is sociable, and inclined to live in company: whereof do proceed first, all private Houses, than Villages, than Towns, than Cities, than Kingdoms, and Commonwealths. This ground and Principle then do they prove by divers evident reasons, as first, for that in all Nations, never so wild and barbarous, we see by experience that by one way or other, they endeavour to live together, either in Cities, Towns, Villages, Caves, Woods, Tents, or other like manner, according to the Custom of each country, Pompon, Mela. lib. 3. cap. 3, 4. Tacit. lib. 8. which universal instinct could never be in all, but by impression of Nature itself. Secondly, they prove the same, by that the use of speech is given to Man for this end and purpose; for that little available were this privilege of speaking, if Men should live alone, and converse with none, Arist. l. 1. pol. c. 1, 2, 3, 4. Thirdly, not only Aristotle but Theophrastus, also Plutarch, and others do confirm the same, Theoph. lib. de Plaut. Plutarch. Com. de fortuna, & lib. de pietatem in parent. by the poor estate and condition, wherein Man is borne, more infirm than any other creature, though by creation he be Lord and Governor of all the rest; for whereas each other creature is borne in a certain sort armed and defended in itself, as the Bull with his horns, the Boar with his tusk, the Bear and Wolf, with their teeth, the Bird with her feathers against cold, and with her wings to fly away, the Hart and Hare with their swiftness, and the like, only Man is borne feeble and naked, not able to provide or defend himself in many years, but only by the help of others, which is a token that he is borne to live in company, and to he holpen by others, and this not only for his necessity and help at his beginning whiles he is in this imbecility, but also for his more comodious living in the rest of his days afterwards, seeing no Man of himself is sufficient for himself, and he that liveth alone can have no benefit of others, or do any to others; wherefore wittily said Aristotle in the second chapter of his first Book of Politics, That he which flieth to live in society is Deus aut Bellua, a God or a beast: for that either he doth it because he hath no need of any, which is proper to God, or else for that he will do good to none, and feeleth not that natural instinct, which Man hath to live in conversation, which is a sign rather of a Beast than of a Man. Cicero doth add another reason for this purpose, to wit, the use of certain principal virtues given unto Man, but principally justice and friendship, which should be utterly in vain, and to no utility, if Man should not live in company of others, for seeing the office of justice is to distribute to every one his own: where no number is, there no distribution can be used, as also neither any act of friendship, which yet in the society of Man is so necessary and usual, saith this excellent Man, Vt nec aqua, nec igne, nic ipso sole pluribus in locis utamur, quam amicitia, Cicero lib. de amîcitiâ. That we use neither water nor fire nor the Sun itself in more places or occasions than friendship. And to this effect, of using friendship, love and charity the one towards the other, do Christian Doctors also, and especially Augustine in his Book of friendship, reduce the institution of this natural instinct of living in company: Aug. lib. de amicitia. Which seemeth also to be confirmed by God himself in those words of Genesis, Dixit quoque Dominus Deus; non est bonum hominem esse solum, faciamus ei adjutorium, simile sibi, Gen. 2. 18. God said, It is not good that Man should be alone, let us make unto him an help or assistant like unto himself, of which words is deduced, that as this first society of our first Parents, was of God, and for so great purpose as here is set down, the one to be holpen by the other; so all other societies in like manner which grow of this first, stand upon the same ground of God's Ordination for the self same end of Man's utility. And I have been the longer in speaking of this natural instinct to society, for that it is the first fountain of all the rest, that ensueth in a commonwealth: for of this come, families, villages, towns, castles, cities and commonwealth, all which Aristotle, doth prove to be of nature, for that this first inclination to live to gether (whereof all those other things do spring) is of nature. Out of this, is the second point before mentioned deduced, to wit, that government also, superiority, and jurisdiction of magistrates, is likewise of nature, for that it followeth of the former, and seeing that it is impossible for men to live together with help and commodity of the one, to the other, except there be some Magistrate or other to keep order among them, without which order there is nothing else to be hoped for as Job sayeth, but horror and confusion, Job. 10. v. 12. as for example, wheresoever a multitude is gathered tegether, if there be not some to repress the insolent, to assist the impotent, reward the vertnous, chasten the outrageous and minister some kind of justice and equality unto the inhabitants: their living together would be far more hurtful, than their living asunder, for that one would consume and devour the other, and so we see, that upon living together followeth of necessity some kind of jurisdiction in Magistrates, and for that the former is of nature, the other also is of nature. All which is confirmed also by the consent and use of all nations throughout the world, which general consent, Cicero calleth, ipsius vocem naturae the voice of nature herself: Cicero li. 1. de natura Deorum, for there were never yet nation found either of ancient time or now in our days, by the discovery of the Indies, or else where, among whom men living together, had not some kind of Magistrate or superior, to govern them, which evidently declareth that this point of Magistrates is also of nature, and from God that created nature, which point our civil law doth prove in like manner in the very beginning of our digests, where the second title of the first book is, de origine juris civilis & omnium magistratuum, Lib. 1. digest, tit. 2. of the beginning of the civil law and of all magistrates which beginning is referred to this first principle, of natural instinct and God's institution: And last of all, that God did concur also expressly with this instinct of nature, our Divines do prove by clear testimony of holy scripture, as when God saith to Solomon, by me Kings do reign, Prov. 8. and Paul to the Romans avoucheth, that authority is not but of God, and therefore he which resisteth authority resisteth God, Rom. 13. Which is to be understood of authority, power or jurisdiction in itself, according to the first institution, as also when it is lawfully laid upon any person, for otherwise when it is either wrongfully taken or unjustly used, it may be resisted in divers cases, for than it is not lawful Authority. These two points then are of Nature, to wit, the Commonwealth, and Government of the same by Magistrates, but what kind of Government each Commonwealth will have, whether Democratia, which is popular Government by the People itself, as Athens, Thebes, and many other Cities of Greece had in old time, and as the Cantons of Swissers at this day have: or else Aristocratia, which is the government of some certain chosen number of the best, as the Romans many years were governed by Consuls and Senators, and at this day the States of this country of Holland do imitate the same: or else Monarchia, which is the Regiment of one; and this again either of an Emperor, King, Duke, Earl, or the like: these particular Forms of Government (I say) are not determined by God or Nature, as the other two points before, (for then they should be all one in all Nations, as the other are, seeing God and Nature are one to all) but these particular Forms are left unto every Nation and country to choose that Form of Government, which they shall like best, and think most fit for the Natures and conditions of their People, which Aristotle proveth throughout all the second and fourth Books of his Politics very largely laying down divers kinds of Governments in his days, as namely in Greece that of the Milesians, Lacedæmonians, Candians, and others, and showing the causes of their differences, which he attributeth to the diversity of men's Natures, customs, educations and other such causes that made them make choice of such or such Form of Government. And this might be proved also by infinite other Examples both of times past and present, and in all Nations and countries both Christian and otherwise, which have not had only different fashions of Governments the one from the other, but even among themselves at one time, one Form of Government, And another at other times; for the Romans first had Kings, and after rejecting them for their evil Government, they chose Consuls, which were two Governors for every Year, whose Authority yet they limited by a multitude of senators, which were of their counsel, and these men's power was restrained also by adding Tribunes of the People, and sometimes Dictatours, and finally they came to be governed last of all by Emperors. The like might be said of Carthage in Africa, and many Cities and commonwealth of Grece, which in divers seasons, and upon divers causes have taken different Forms of Government to themselves. The like we see in Europe at this day, for in only Italy, what different Forms of Government have you? Naples hath a King for their Sovereign, Roma the Pope, and under him one Senator in place of so many as were wont to be in that Commonwealth. Venice and Genua have Senators and Dukes, but little Authority have their Dukes. Florence, Ferrara, Mantua, Parma, Urbin, and Savoy, have their Duke's only without Senators, and their power is absolute. Milan was once a Kingdom but now a Dukedom, the like is of Burgundy, Lorain, Bavire, Gasconie, and Britain the lesser, all which once had their distinct Kings, and now have Dukes for their supreme Governors. The like may be said of all Germany, that many Years together had one King over all, which now is divided into so many Duke ●omes, Earldoms, and other like Titles of Supreme Princes. But the contrary is of Castille, Arragon, Portugal, Barcelona, and other Kingdoms this day in Spain, which were first Earldoms only, and after Dukedoms, and then Kingdoms, and now again are all under one Monarchy. The like is of Bohemia and Polonia, which were but Dukedoms in old time, and now are Kingdoms. The like may be said of France also after the expulsion of the Romans, which was first a Monarchy under Pharamont their first King, and so continued for many Years under Clodion, Meronies, Childrik, and Clodovaus, their first christened Kings, but after they divided it into four Kingdoms, to wit, one of Paris, another of Suessons, the third of Orleans, and the fourth of Metts, and so it continued for divers years, but yet afterwards they made it one Monarchy again. England also was first a Monarchy under the Britain's, and then a Province under the Romans, and after that divided into seven Kingdoms at once under the Saxons, and now a Monarchy again under the English, and all this by God's permission and approbation, who in token thereof, suffered his own peculiar People also of Israel to be under divers manners of Governments in divers times, as first under Patriarches, Abraham, Isaac, and Jacob; then under Captains, as Moses, Joshua, and the like; then under Judges, as Othoniel, Aiod, and Gideon; then under high Priests, as Heli and Samuel; then under Kings, as Saul, David, and the rest; and then under Captains and high Priests again, as Zorobabel, Judas, Machabeus, and his Brethren, until the Government was lastly taken from them, and they brought under the power of the Romans, and foreign Kings appointed by them. So as of all this, there can be no doubt, but that the Commonwealth hath power to choose their own fashion of Government, as also to change the same upon reasonable causes, as we see in all times and Countries, and God no doubt approveth what the Realm determineth in this point, for otherwise nothing could be certain, for that of these changes doth depend all that hath succeeded. In like manner, is it evident, that as the Commonwealth hath this Authority to choose and change her Government, so hath she also to limit the same with what Laws and conditions she pleaseth, whereof ensueth the great diversity of Authority and power which each one of the former Governments hath, as for example, the Consuls of Rome were but for one year, other Officers and Magistrates were for more or less time, as their Commonwealth did a lot them. The Dukes of Venice at this day are for their lives (except in certain cases wherein they may be deposed) and those of Genua only for two years, and their power is very small and much limited, and their Heirs have no claim or pretence at all after them to that Dignity, as the children and next of kin of other Dukes of Italy have, though in different sort also, for that the Dukedoms of Ferara, Urbin, and Parma, are limited only to Heirs male, and for defect thereof to return to the Pope or Sea of Rome: Florence, and Mantua, for like defects are to return to the Empire, and do not pass to the Heirs female, or to the next of kin, as Savoy and some others do. And now if we respect God and Nature, as well might all these Governments follow one Law, as so different, for that neither God nor Nature prescribeth any of these particular Forms, but concurreth with any that the Commonwealth itself appointeth, and so it is to be believed, that God and Nature concurred as well with Italy when it had but one Prince, as now when it hath so many; and the like with Germany, and also with Switzerland, which once was one Commonwealth only under the Dukes and Marquesses of Austria, and now are divided into thirteen Cantons or Commonwealths under popular Magistrates of their own, as hath been said; so as when Men talk of a natural Prince or natural Successor (as many times I have heard the word used) if it be understood of one that is borne in the same Realm or Country, and so of our own natural Blood, it hath some sense, though he may be both good or bad, (and none hath been worse or more cruel many times than home-born Princes:) but if it be meant as though any Prince had his particular Government or interest to succeed by institution of Nattre, it is ridiculous, for that Nature giveth it not as hath been declared, but the particular constitution of every Commonwealth within itself. The second Speech. FIrst of all is to be considered, that of all other Forms of Government the Monarchy of King in itself, appeareth to be the most excellent and perfect, and so do hold not only Aristotle in his forenamed Books of Politics, and namely in his third (with this only condition that he govern by Laws) but Seneca also and Plutarch in his Morals, and namely in that special Treatise wherein he discusseth, An sens sit Respub, tracta●●da, whether an old man ought to take upon him the Government of a Commonwealth or no; where he saith that, Reg●um inter omnes respub. consummatissima & prima est, a Kingdom is the most perfect Commonwealth among all other, and the very first, that is to say, the most perfect, for that it hath most commodities and least inconveniences in itself of any other Government, and it is the first of all other; for that all People commonly made their choice at the beginning of this kind of Government, so as of all other it is most ancient; for so we read that among the Syrians, Medes, and Persians; their first Governors were Kings; and when the children of Israel did ask a King at the hands of Samuel, 1 Reg. 8. which was a thousand years before the coming of Christ, they alleged for one reason, that all Nations round about them had Kings for their Governors, and at the very same time, the chiefest Cities and Common wealths of Greece, as the Lacedæmonians, Athenians, Corinthians, and others, whereof divers afterwards took other Governments unto themselves, for the abuses in kingly Government committed, at that time were governed by Kings, as at large proveth Dyanisius Halicarnasseus, Coruelius Tacitus, Cicero, and others. Dyonis. Hal. l. 5. Cornel. Tac. l. 3. Cic. l. 1. Offic. The Romans also began with Kings, as before I have noted, and the reason of this is, for that as our Christian Doctors do gather, (especially Hierome and Chrisostome, Hierom. l. 2. Epist. 12. Chrisost. hom. 23.) this kind of Government resembleth most of all the Government of God, that is but one: it representeth the excellency of one sun that lighteneth all the Planets, of one soul in the body that governeth all the powers and members thereof, and finally they show it also to be most conform unto Nature, by example of the Bees which do choose unto themselves a King, and do live under a Monarchy, as the most excellentest of all other Governments, to which purpose also I have heard alleged sometimes by divers those words of Peter, Subjecti estote omni humanae creaturae propter Deum, sint Regi quasi precellenti, sive ducibus ab co missis, etc. 1 Pet. 2. Be you subject to every humane creature for God's cause, whether it be to a King, as the most excellent, or to Dukes sent by God for the punishment of evil men and praise of the good: cut of which words some do note two points, first, that as on the one side the Apostle doth plainly teach, that the Magistrates Authority is from God by his first institution, in that he saith, We must be subject to them for God's cause; so on the other side, he calleth it a humane creature, or a thing created by man, for that by man's free choice this particular Form of Government (as all other also) is appointed in every Commonwealth, and that by man's election and consent, the same is laid upon some particular man or woman, according to the Laws of every Country, all which maketh it rightly to be called both a humane creature, and from God. The second point which divers do note out of these words, is, that Peter calleth a King most excellent, which though it may be understood in respect of the Duke's Authority, whereof immediately there followeth mention; yet may it seem also to be taken and verified of kingly Authority in respect of all other Governments, seeing that at this time when the Apostle wrote this Epistle, the chief Governor of the world was not called King but Emperor, and therefore seeing in such a time Peter affirmeth the state of kingly Government to be most excellent, it may seem he meant it absolutely, signifying thereby that this is the best kind of Government among all others, though to confess the truth between the Title of King and Emperor there is little or no difference in substance, but only in name, for that the Authority is equal, every King is an Emperor in his own Kingdom. And finally the excellency of this Government above all other, is not only proved by the perfection thereof in itself, as for that it is most ancient, simple, and conform unto Nature, and most resembling the Government of God himself, as hath been said, but by the effects also and utility that it bringeth unto the Subjects, with far less inconveniences than any other Form of Government whatsoever if we compare them together; for in the Monarchy of one King, there is more unity, agreement and conformity, and thereby also celerity commonly in dispatching of businesses, and in defending the Commonwealth, than where many Heads be; less passions also, in one man than in many; as for example, in Demecratia, where the common people do bear the chief sway, which is Bellua multorum capitum, as Cicero wisely said, that is, a Beast of many heads. Cicero l. 1. Offic. Democratis. There is nothing but sedition, trouble, tumults, outrages, and injustices committed upon every little occasion, especially where crafty and cunning men may be admitted to incense or assuage them with sugared words, such as were the Orators in Athens, and other Cities of Greece, that had this Government, and the Tribunes of the People of Rome, and other such popular and plausible men, who could move the waves, raise up the winds, and enkindle the fire of the vulgar People's affections, passions or furies at their pleasure, by which we see that of all other Common wealths, these of popular Government, have soon come to rain, which might be showed not only by old examples of Greece, Asia, and Africa, but also of many Cities of Italy, as Florence, Bolonia, Sienna, Pisa, Arezzo, Spoleto, Perugio, Milan, and others, which upon the fall or diminution of the Roman Empire (under which they were before) took unto themselves popular Governments, wherein they were so tossed with continual sedition, mutinies, and banding of Factions, as they could never have end thereof, until after infinite murders, massacres, and inundation of blood, they came in the end to be under the Monarchy of some one Prince or other, as at this day they remain: so that of all other Governments this is the worst. The second Form, which is called Oligarchia or Aristocratia (for that a few and those presumed to be the best, are joined together in Authority) as it doth participate something of both the other Governments, to wit, of Monarchia and Democratia, or rather tempereth them both: so hath it both good and evil in it, but yet inclineth more to the evil, for the dis-union that commonly by man's infirmity and malice is among those Heads, for which cause the States before named of Venice and Genua, which were wont to have simply this Government of Aristocratia, in that their Regiment was by certain chose Senators, were enforced in the end to choose Dukes also, as Heads of their Senates, for avoiding of dissension, and so they have at this day, though their Authority be but small, as hath been said. We see also by the examples of Carthage and Rome, where Government of Aristocratia took place, that the division and factions among the Senators of Carthage, was the cause why aid and succour was not sent to Hannibal their Captain in Italy after his so great and important victory at Cannae, which was the very cause of the saving of the Roman Empire, and the loss of their own: and also afterwards the emulations, discord, and does union of the Roman Senators among themselves in the affairs and contentions of Marius and Sylla, and of Pompry and Caesar, was the occasion of all their destruction, and of their Commonwealth with them. Tit. Liv. l. 30. Entrop l. 3. Oros. l. 5. & 6. Evident than it is, that of all other Governments the Monarchy is the best, and least subject to the inconveniences that other Governments have, and if the Prince that governeth alone, and hath supreme authority to himself, as he resembleth God in this point of sole Government, so could he resemble him also, in wise, discreet, and just Government, and in ruling without passion; no doubt, but that nothing more excellent in the World could be desired for the perfect felicity of his Subjects: but for that a King or Prince is a man as others be, and thereby not only subject to errors in judgement, but also to passionate affections in his will: for this cause, it was necessary that the Commonwealth, as it gave him this great power over them, so it should assign him also the best helps that might be, for directing and rectifying both his will and judgement, and make him therein as like in Government to God, whom he representeth, as man's frailty can reach unto. For this consideration they assigned to him first of all the assistance and direction of Law, whereby to govern, which Law Aristotle saith, Est meus quaelam nulle perturbata affectu, Arist. l. 3. Pol. c. ult. It is a certain mind disquieted with no disordinate affection, as men's minds commonly be, for that when a Law is made, for the most part, it is made upon due considlration and deliberation, and without perturbation of evil affections, as anger, envy, hatred, rashness, or the like passions, and it is referred to some good end and commodity of the Commonwealth, which Law being once made, remaineth so still without alteration or partial affection, being indifferent to all, and partial to none, but telleth one tale to every man; and in this it resembleth the perfection as it were of God himself, for the which cause the said Philosopher in the same place addeth a notable wise saying, to wit, That he which joineth a Law to govern with the Prince, joineth God to the Prince, but be that joineth to the Prince his affection to govern, joineth a beast. Ar. l. 3. Pol. c. 12. For that men's affections and concupiscences are common also to Beasts: so that a Prince ruling by Law is more than a man, or a man deified, and a Prince ruling by affections, is less than a man, or a man brutified. In another place also the same Philosopher saith, that a Prince that leaveth Law and ruleth himself and others by his own appetite and affections, Of all creatures is the worst, and of all beasts is the most furious and dangerous. Arist. l. 1. Pol. c. 2. For that nothing is so outrageous, as injustice armed, and no armour is so strong, as wit and authority. whereof the first he hath in that he is a man, and the other in that he is a Prince. For this cause then all Commonwealths have prescribed Laws unto their Princes, to govern thereby, as by a most excellent, certain and immutable rule; to which sense Cicero said, Leges sunt inventae ut omnibus semper una & eadem voce loquerentur; Laws were invented to the end they should speak in one and the self same sense to all men Cic. l. 2. Offic. For which very reason in like manner these Laws have been called by Philosophers a rule or square, inflexible, and by Aristotle in particular, a mind without passion, as hath been said, but the Prophet David who was also a Prince and King, seemeth to call it by the name of Discipline, for that as Discipline doth keep all the parts of a man or of a particular house in order, so Law well ministered keepeth all the parts of a Commonwealth in good order, and to show how securely God exacteth this at all Prince's hands, he saith these words, And now learn ye Kings and be instructed, ye that judge the World, serve God in fear, and rejoice in him with trembling, embrace ye discipline, lest he enter into wrath, and so ye perish from the way of righteousness. Psal. 2. Which words being uttered by a Prophet and King do contain divers points of much consideration for this purpose; as first, that Kings and Princes are bound to learn Law and Discipline: and secondly, to observe the same with great humility and fear of God's wrath: and thirdly, that if they do not, they shall perish from the way of righteousness, as though the greatest plague of all to a Prince were to lose the way of righteousness, law and reason in his Government, and to give himself over to passion, and his own will, whereby they are sure to come to shipwreck: and thus much of the first help. The second help that Commonwealths have given to their Kings and Princes, especially in later Ages, hath been certain Counsels and Councelours with whom to consult in matters of most importance, as we see the Parliaments in England and France, the Courts in Spain, and Diets in Germany, without which no matter of great moment can be concluded; and besides this, commonly every King hath his Privy Council, whom he is bound to hear, and this was done to temper somewhat the absolute form of a Monarchy, whose danger is by reason of his sole Authority to fall into tyranny, as Aristotle wisely noteth in his fourth Book of Politics, showing the inconvenience or dangers of this Government; which is the cause that we have few or no simple Monarchies now in the World, especially among Christians, but all are mixed lightly with divers points of the other two forms of Government also; and namely in England all three do enter more or less; for in that there is one King or Queen, it is a Monarchy; in that it hath certain Counsels which must be heard: it participateth of Aristocratia, and in that the Commonalty have their voices and Burgesses in Parliament, it taketh part also of Democratia, or popular Government, All which linitations of the Princes absolute Authority, as you see, do come from the Commonwealth, as having authority above their Princes for their restraint to the good of the Realm. From like Authority, and for like considerations have come the limitations of other Kings and kingly power in all times and Countries, from the beginning, both touching themselves and their posterity and successors, as briefly in this place I shall declare. And first of all, if we will consider the two most renowned and allowed States of all the World, I mean of the Romans and Grecians, we shall find that both of them began with Kings, but yet with far different Laws and restraints about their Authorities; for in Rome the Kings that succeeded Romulus their first Founder, had as great and absolute Authority as ours have now a days, but yet their children or next in blood succeeded them not of necessity, but new Kings were chosen partly by the Senate, and partly by the people, as Titus Livius testifieth, Livil. 1 dec. 1. So as of three most excellent Kings that ensued immediately after Romulus, to wit, Numa Pompilius, Tullius Hostilius, and Tarqvinius Priscus, none of them were of the Blood Royal, nor of kin the one to the other, no nor yet Romans borne, but chosen rather from among strangers, for their virtue and valour, and that by election of the Senate and consent of the People. In Grecce, and namely among the Lacedæmonians, which was the most eminent Kingdom among others at that time, the succession of children after their fathers was more certain, but yet Aristotle noteth, Arist. l. 2. c. 8. Pol. Plutarch. in Lycurg. Their authority and power was so restrained by certain Officers of the people named Ephori (which commonly were five in number) as they were not only checked and chastened by them, if occasion served, but also deprived and sometimes put to death; for which cause the said Philosopher did justly mislike this eminent jurisdiction of the Ephori over their Kings: but yet hereby we see what authority the Commonwealth had in this case, and what their meaning was in making Laws, & restraining their King's power, to wit, thereby the more to bind them to do justice, which Cicero in his Offices uttereth in these words, Justitiae fruendae causa apud majores nostros & in Asia, & in Europa bene morati Reges olim sunt constiti, etc. at cum jus aquabile ab 〈◊〉 viro homines non consequerentur, inventae sunt leges. Cic. l. 2. Offic. Good Kings were appointed in old time among our Ancestors in Asia and Europe, to the end thereby to obtain justice, but when men could not obtain equal justice at one man's hands, they invented Laws. The same reason yieldeth the same Philosopher in another place, not only of the first institution of Kingdoms, but also of the change thereof again into other Government, when these were abused. Omnes antiquae gentes regibus quondam paruerunt, etc. Cic. l. 3. de legibus. That is, All old Nations did live under Kingdoms at the beginning, which kind of Government first they gave unto the most just, and wisest men which they could find, and also after for love of them, they gave the same to their posterity or next in kin, as now also it remaineth where kingly Government is in use: but other Countries which liked not that form of Government, and have shaken it off, have done it not that they will not be under any, but for that they will not be ever under one only. Thus far Cicero, and speaketh this principally in defence of his own Commonwealth I mean the Roman: which had cast off that kind of Government, as before hath been said, for the offence they had taken against certain Kings of theirs, and first of all, against Romulus himself their first Founder, for reigning at his pleasure without law, as Titus Livius testifieth, for which cause the Senators at length slew him, and cut him in small pieces. And afterwards they were greatly grieved at the entering of Scrvius Tullius their sixth King, for that he got the Crown by fraud and not by Election of the Senate, and special approbation of the people, as he should have done: but most of all they were exasperated by the proceeding of their seventh King named Lucius Tarqvinius, surnamed the proud, who for that he neglected the Laws of Government prescribed to him by the Commonwealth, as namely in that he consulted not with the Senate in matters of great importance, and for that he made War and Peace of his own head, and for for that he appointed to himself a Guard, as though he had mistrusted the People, and for that he did use injustice to divers particular men, and suffered his children to be insolent, he was expelled with all his posterity, and the Government of Rome changed from a Kingdom unto the Regiment of Consuls, after two hundred years that the other had endured. And thus much of those Kingdoms of Italy and Greece: and if likewise we will look upon other Kingdoms of Europe, we shall see the very same, to wit, that every Kingdom and Country hath his particular Laws prescribed to their Kings by the Common wealth, both for their Government, Authority, and Succession in the same: for if we behold the Roman Empire itself, as it is at this day annexed to the Germane Electours, though it be first in Dignity among Christian Princes, yet shall we see it so restrained by particular Laws, as the Emperor can do much less in his State than other Kings in theirs, for he can neither make War, nor exact any contribution of men, or money, thereunto, but by the free leave and consent of all the States of the Germane Die● or Parliament, and for his children or next in kin, they have no action, interest, or pretence at all to succeed in their Father's Dignity, but only by free Election, if they shall be thought worthy nay, one of the chiefest points that the Emperor must swear at his entrance, as Sleydan writeth, Sleydan l. 8. Anno 1532. is this, That he shall never go about to make the Dignity of the Emperor peculiar or bereditary to his Family, but leave it unto the seven Electours free in their power, to choose his Successor, according to the Law made by the Pope ●regory the fifth, and the Emperor Charles the fourth in this behalf. Blond. Dicad. 2. l. 3. Crant. l. c. 25. The Kingdoms of Poloma and Bohemia do go much after the same fashion, both for their restrant of power, and succession to their Kings. For first touching their Authority, they have great limitation, neither can they do any thing of great moment, without the consent of certain principal men called Palatines or Castellians, neither may their children or next of Blood succeed except they be chosen, as in the Empire. Herbert. l. 9 Hist. Pol. Cromerus l. 3. Hist. Polon. In Spain, France, and England, the privileges of Kings are far more eminent in both these points, for that both their Authority is much more absolute, and their next in Blood do ordinarily succeed, but yet in different manner; for as touching authority, it seemeth that the Kings of Spain and France, have greater than the King of England, for that every ordination of these two Kings is Law in itself, without further approbation of the Commonwealth, which holdeth not in England, where no general Law can be made without consent of Parliament; but in the other point of Succession, it appeareth that the restraint is far greater in those other two Countries than in England, for that in Spain the next in Blood cannot succeed be he never so lawfully descended, but by a new approbation of the Nobility, and States of the Realm, as it is expressly set down in the two ancient Counsels of Toledo the fourth and fifth, Concil. blet. 4. c. 74. & coneil. s. c. 3. In confirmation whereof we see at this day, that the King of Spain's own son, cannot succeed nor be called Prince, except he be first sworn by the said Nobility and States in token of their new consent; and so we have seen it practised in our days towards three or four of king Philip's children, which have succeeded the one after the other in the Title of Princes of Spain, and at every change a new Oath required at the Subject's hands, for their admission to the said Dignity, which is not used in the King's children of France or England. In France the World knoweth, how Women are not admitted to succeed in the Crown be they never so near in Blood, neither any of their Issue, though it be Male; for which cause I doubt not but you remember how King Edward the third of England, though he were son and heir unto a daughter of France, whose three brethren were kings, and left her sole heir to her father king Philip the fourth surnamed the Fair, yet was he put by the Crown, Anne 1340. Anil. hist. Franc. l. 2. Gerard. du Haylan. l. 14. hist. Franc. as also was the king of Navarre at the same time, who was son and heir unto this woman's eldest brothers daughter, named Lewis Huttin king of France, (which king of Nauer thereby seemed also to be before king Edward of England) but yet were they both put by it, and Philip de Vallois, a brother's son of Philip the fair, was preferred to it, by general decree of the States of France, and by verdict of the whole Parliament of Paris, gathered about the same affairs. Franc. Belfor. l. 5. c. 1. Anno 1327. Neither did it avail, that the two kings aforesaid alleged, that it was against reason and conscience, and custom of all Nations, to exclude women, from the Succession of the Crown which appertained unto them by propinquity of Blood, seeing both Nature and God hath made them capable of such Succession every where, as it appeareth by example of all other Nations, and in the old Testament among the people of God itself, where we see Women have been admitted, unto kingdoms by succession, but all this (I say) prevailed not, with the French as it did not also since for the admission of Dona Isabel Eugenia Clara, Infanta of Spain, unto the said Crown of France, though by dissent of Blood there be no question of her next propinquity, for that she was the eldest child of the king's eldest sister. The like exclusion was then made against the prince of Lorain, though he was a man and nephew to the king, for that his Title was by a Woman, to wit, his mother, that was younger sister unto king Henry of France. And albeit the Law called Salica by the Frenchmen, by virtue whereof they pretend to exclude the Succession of Women, be no very ancient Law, as the French themselves do confess, and much less made by Pharamont their first king, or in those ancient times as others without ground do affirm. Gerard. du Hail. l. 13. hist. Fra●c. & Anno 1317. & l. 14. Anno 1328 & l. 3. de l'Estat defrunce. Yet do we see that it is sufficient, to bind all Princes and Subjects of that Realm, to observe the same, and to alter the course of natural Descent, and nearness of Blood, as we have seen, and that the king of Navarre and some others of his race by virtue of this only Law did pretend to be next in Succession to this goodly Crown, though in nearness of Blood they were farther off, by many degrees from king Henry the third, than either the foresaid Infanta of Spain, or the prince of Lorain, who were children of his own sisters, which point yet in England were great disorder, and would not be suffered, for that our Laws are otherwise, and who made these Laws, but the Commonwealth itself. By all which we see that divers Kingdoms, have divers laws and customs in the matter of succession, and that it is not enough for a man to allege bare propinquity of blood, thereby to prevail, for that he may be excluded or put back by divers other circumstances, for sundry other reasons which afterward we shall discuss. Yea, not only in this point hath the commonwealth authority to put back the next inheritors upon lawful considerations, but also to dispossess them that have been lawfully put in possession, if they fulfil not the laws and conditions, by which and for which, their dignity was given them. Which point as it cannot serve for wicked men to be troublesome unto their Governors, for their own interests or appetites, so yet when it is done upon just and urgent causes and by public authority of the whole body the justice thereof is plain, not only by the grounds and reasons before alleged, but also by those examples of the Romans and Grecians already mentioned, who lawfully deposed their Kings upon just considerations, and changed also their Monarchy and Kingly Government, into other form of regiment, And it might be proved also, by examples of all other nations, and this perhaps with a circumstance which every man considereth not, to wit, That God hath wonderfully concurred (for the most part.) with such juditiall acts of the commonwealth against their evil Princes, not only in prospering the same, but by giving them also commonly some notable successor in place of the deposed, thereby hath to justify the fact, and to remedy the fault of him that went before. I am far from the opinion of those people of our days, or of old, who make so little account of their duty towards Princes, as be their title what it will, yet for every mislike of their own they are ready to band against them wheresoever they think they may make their party good, inventing a thousand calumniations for their discredit without conscience or reason, whom in deed I do think to have little conscience or none at all but rather to be those whom the Apostles Peter and Judas did speak of when they said. Novit Dominus iviquos in diem judicii reservare, cruciandos, magis autem eos qui dominitionem contemnunt, audaces, sbi placentes, etc. 2 Pet 2 10. J●de 8. God knoweth how to reserve the wicked unto the day of judgement, there to be tormented, but much more those which do contemn domination or government, and are bold and liking of themselves. Nay further, I am of opinion, that whatsoever a Prince's Title be, if once he be settled in the Crown, and admitted by the Commonwealth (for of all other holds I esteem the tenure of a Crown) if so it may be termed (the most irregular and exraordinary) every man is bound to settle his conscience to obey the same, In all that lawfully he may command, and this without examination of his Title or Interest, for that God disposeth of kingdoms, and worketh his will in princes affairs, as he pleaseth, and this by extraordinary means oftentimes, so that if we should examine the Titles at this day of all the princes in Christendom by the ordinary rule of private men's rights, successions, or tenors, should find so many knots and difficulties, as it were hard for any to make the same plain, but only the supreme Law of God's disposition, which can dispense in what he listeth. This is my opinion in this behalf for true and quiet obedience, and yet on the other side, as far off am I from the abject and wicked flattery of such as affirm princes to be subject to no Law or limitation at all, either in authority, government, life, or succession, but as though by Nature they had been created kings from the beginning of the World, or as though the Commonwealth had been made for them, and not they for the Commonwealth, or as though they had begotten or purchased, or given life to the Weal-public, and not that the Weal-public had exalted them, or given them their authority, honour, and dignity; so these flatterers do free them for all obligation, duty, reverence, or respect unto the whole Body, where of they are the Heads; nay, expressly they say and affirm, that All men's goods, bodies, and lives, are the Princes at their pleasures to dispose of; that they are under no Law or account-giving whatsoever, that they succeed by Nature and generation only, and not by any authority, admission, or approbation of the Commonwealth, and that consequently no merit or demerit of their person is to be respected, nor any consideration of their Nature's or qualities, to wit, of capacity, disposition, or other personal circumstances, is to be had or admitted, and do they what they list, no authority is there under God to cha●ten them. All these absurd paradoxes have some men of our days uttered in flattery of princes, to defend a king's Title with assertions and propositions, do destroy all Law of reason, conscience, and Commonwealth, and do bring all to such absolute tyranny as no Realm ever did or could suffer among civil people, no not under the dominion of the Turk himself at this day, where yet some proportion of equity is held between the prince and the people, both in Government and Succession, though nothing so much as in Christian Nations. To avoid these two extremes, as all the duty, reverence, love, and obedience before name●, is to be yielded unto every Prince which the commonwealth hath once established: so yet retaineth still the commonwealth her authority, not only to restrain the same Prince, if he be exorbitant, but also to chasten and remove him, upon due and weighty considerations, and that the same hath been done and practised at many times in most Nations, both Christian and otherwise with right good success, to the weal public. The Third Speech. TWo points are now to be proved, First, that Commonwealths have chastised sometimes lawfully their lawful Princes, though never so lawfully they were descended, or otherwise lawfully put in possession of their Crown; and secondly, that this hath fallen out ever, or for the mo●● part, commodious to the weal public, and that it may seem that God approved and prospered the same, by the good success and successors that ensued thereof. Yet with this protestation, that nothing be taken out of my speech, against the sacred authority and due respect and obedience, that all men owe unto Princes, both by God's Law and Nature, but only this shall serve to show that as nothing under God is more honourable, amiable, profitable, or Sovereign, than a good Prince: so nothing is more pestilent, or bringeth so general destruction and desolation as an evil Prince. And therefore as the whole body is of more authority th●n the only head, and may cure the head if it be out of tune, so may the weal-public cure or purge their heads, if they infect the rest, seeing that a body Civil may have divers heads, by succession, and is not bound ever to one, as a body natural is, which body natural, if it had the same ability that when it had an aching or sickly head, it could cut it off and take another, I doubt not, but it would so do, and that all men would confess that it had authority sufficient and reason to do, the same rather than all the other parts should perish or live in pain and continual torment: but yet much more clear is the matter that we have in hand for disburdening ourselves of wicked Princes, as now I shall begin to prove unto you. And for proof of both the points jointly, I might begin perhaps with some examples out of the Scripture itself, but some man may chance to say, that these things recounted there of the Jews, were not so much to be reputed for acts of the commonwealth, as for particular ordinations of God himself, which yet is not any thing against me, but rather maketh much for our purpose. For that the matter is more authorized hereby, seeing that whatsoever God did ordain or put in ●re in his Common Wealth, that may also be practised by other Commonwealths, now having his authority and approbation for the same. Wherefore (said he) though I do hasten to examples that are more nearer home, and more proper to the particular purpose whereof we treat, yet can I not omit to note some two or three out of the Bible, that do appertain to this purpose also, and these are the deprivation and putting to death of two wicked Kings of Judah, named Saul and Amon, 1 Kin. 31. 4. King. 22. 44. (though both of them were lawfully placed in that dignity) and the bringing in of David and Josia in their rooms, who were the two most excellent princes that ever that Nation or any other (I think) have had to govern them. And first king Saul though he were elected by God to that royal Throne, yet was he slain by the Philistims, by God's order as it was foretold him for his disobedience, and not fulfilling the law and limits prescribed unto him. Amon was lawful King also, and that by natural descent and succession, for he was son and heir to king Manasses whom he succeeded, and yet was he slain by his own people, Quia non ambulavit in via Domini, for that he walked not in the way prescribed unto him by God: and unto these two kings so deprived God gave two Successors, as I have named, the like whereof are not to be found in the whole rank of kings for a thousand years together; for of Josias it is written, Fecit quod crat rectum in conspectu Domini, & non declinavit neque ad dextram neque ad sinistram. 2. Paralip. 34. 5. He did that which was right in the sight of God, neither did he decline unto the right hand nor the left; he reigned 31 years, 2. Paralip. 35. And Jeremias the prophet that lived in his time loved so extremely this good king, as he never ceased afterwards to lament his death, as the Scripture saith, 2 Chron. 34. & 35. Chapters As for king David, it shall not be needful to say any thing, how excellent a king he was, for as many learned men do note, he was a most perfect pattern for all kings that should follow in the World, not as king Cyrus whom Xenophon did paint out more according to his own imagination of a perfect king, that he wished, then to the truth of the story, but rather as one that passed far in acts that which is written of him, and this not only in matters of religion, piety, and devotion, but also of chivalry, valour, wisdom and policy; neither is it true which Nicholas Maehiavel the Florentine, N. Mach. l. 2. c. 2. in Tit. Liv. And some others of his new unchristian school do affirm, for defacing of Christian virtue, That religion and piety are le's oftentimes to politic and wise Government, and do break or weaken the high spirits of magnanimous men, to take in hand great enterprises for the Commonwealth. Aug. l●de Gran. This (I say) is extreme false, for that as Divines are wont to say (and it is most true) Grace doth not destroy or corrupt, but perfect Nature; so so as he which by Nature is valiant, wise, liberal, or politic, shall be the more, if also he be pious and religious: which we see evidently in king David, who notwithstanding all his piety, yet omitted he nothing appertaining to the state and government of a noble, wise, and politic Prince: for first of all, he began with reformation of his own Court and Realm in matter of good life and service of God, wherein he used the counsel and direction of God and of Nathan the Prophet, as also of Abiathar and Hiram the chief Priests and of Heman his wise Counsellor 1. Par. 15. He reduced the whole Clergy into 24. degrees, appointing 4000 Singers with divers sorts of musical instruments, under Asaph, Heman, and other principal men that should be Heads of the Quire. psal. 22. & 25. He appointed all Officers needful both for his Court, and also the Commonwealth, with the Arms of the Crown, which was a Lion, in remembrance of the Lion which he had slain with his own hands, when he was a child; he ordained a mint with a peculiar form of money to be stamped: took order for distributing relief unto the poor, and other like acts of a prudent and pious Prince. After all this he turned himself to his old exercise of Wars, to which he was given from his child hood, being wonderful valiant of his own person, as appeareth by the Lion and Bear that he slew with his own hands, and the courage wherewith he took upon him the combat with Goliath; and as he had showed himself a great Warrior and renowned Captain many years in the service of Saul against the Philistims, and had gained many noble victories: so much more did he after he was king himself, for that he conquered not only the philistines, but also the Amorites, Idumeans, Moabites, with the kings and people of Damascus and all Syria, even unto the River Euphates, and left all these Country's peaceable to his Successor, 2 Reg. 8. and in three or four Battles wherein David himself was present, within the space of two or three years, almost a hundred thousand Horse and Foot slain by him, 8. paral. 18. and that himself flew in his days eight hundred with his own hands, 2 reg. 13. Joseph. l. 7. antiqu. c. 10. and that he made by his example thirty and seven such Captains as each one of them was able to lead and govern a whole Army, and yet among all these expenses of Wars had he care to lay up so much money and treasure as was sufficient for the building of that huge and wonderful Temple after him, which he recommended to his son Solomon, and amidst all this valour and courage of so warlike a King and Captain, had he so much humility as to humble himself to Nathan the Prophet when he came to rebuke him for his fault, and so much patience and charity as to pardon Semci that reviled him, and threw stones at him in the high way as he went, and among so many and continual businesses, both Marshal and Civil, and great affairs of the Commonwealth, he had time to write so many Psalms as we see, and to sing praises seven times a day to Almighty God, and to feel that devotion at his death which we read of, and finally he so lived and so died, as never Prince (I think) before him, nor perhaps after him, so joined together both valour and virtue, courage and humility, wisdom and piety, government and devotion, nobility and religion. Wherefore though I have been somewhat longer than I would in this example, yet hath it not been from the purpose to note somewhat in particular what two worthy Kings were put up by God in place of two other by him deprived and deposed. And now, if we will leave the Hebrews and return to the 〈◊〉 of whom we spoke before, we shall find divers things notable in that state also, to the purpose we have in hand. For before Romulus their first King having by little and little declined into tyranny, 〈◊〉 thine and cut in pieces by the Senate. 〈◊〉 1. (which at that time contained an hundred in number) and in his place was chosen Numa Pompilius the notablest King that ever they had, wh● prescribed all their order of Religion and manner of sacrifices, imitating therein and in divers other points, the rites and ceremonies of the Jews, as Ter●ul● and other Fathers does note, 〈…〉 contrahaeres, justin. Martyr apolog. He began also the building of their Capitol, added the two months of January and February to the year, and did other such notable things for that Commonwealth. Again, when Tarqui●ius the proud, their seventh and last King, was expelled by the Senate, for his cruel government, and the whole manner of Government changed, Tit. liv. li. 1. doc. 1. Eutrop, l. 1. We see the success was prosperous, so that not only no hurt came thereby to the Commonwealth, but exceeding much good, their government and increase of Empire was prosperous under their Consuls for many years in such sort, that whereas at the end of their King's government, they had but fifteen miles' territory without their City, it is known, that when their Consul's government ended, and was changed by Julius Caesar, their territory reached more than fifteen thousand miles in compass, for that they had not only all Europe under their dominion, but the principal parts also of Asia and Africa, so as this chastisement so justly laid upon their Kings was profitable and beneficial to their Commonwealth. When Julius Caesar upon particular ambition had broken all Law both humane and divine, and taken all government into his own hands alone, he was in revenge hereof, slain by Senators in the Senate-house: and Octavianus Augustus preferred in his room, who proved afterwards the most famous Emperor that ever was. I might note here also how Nero sixth Emperor of Rome which succeeded lawfully his Uncle Claudius in the Empire, and being afterward deposed sentenced to death by the Senate for his wicked government (which was the first judicial sentence that ever the Senate gave against Emperors) albeit peace ensued not presently, but that Galba, Otho, and Vitellius, three great Captains of the Empire, made some little interludes of tragical kill of one the other, Cornel, Ta●it. lib. 20 & 21. Egesp l. 5. yet within few months the whole Empire by that means fell upon Vespasian and his son Titus, two of the best governor's that those times ever saw. The like might be noted of the noble rank of five excellent good Emperors, to wit, 〈◊〉, Traian Adrian, Antonius Pius, and Marcus Aurelius, that ensued in the Empire by the just death of cruel Domitian, Europe. in viti Caesa. which execution the Senate is thought in secret to have procured, (being not able to perform it openly by Justice) which was seen by that, that when the act was done, the Senate did presently by public decree allow of the some, and disannulled all his barbarous acts for his exceeding cruelty, and commanded his arms and memories to be p●lled down every where, and chose for his successor, one Cocc●nis Norva, an italian, a man of excellent virtue, by whom they enjoyed not only the most prosperous time of his government, but of all those other four before named that ensued him no less worthy than himself. Not long after, the succession of these excellent good Emperors that came to the Crown by lawful descent of blood, a youth named Anto●inus Heliogtholus son of the Emperor Antoninus Caracalla, and nephew to the most famous and noble Emperor Septimius Serverus that died in England. Which youth as he was greatly loved and honoured a great while for so worthy a grandfather: so afterwards for his own most beastly life and foul actions, An. Dom. 124. he was deprived and put to death by the Soldiers of Rome, at the request and common desire both of the people and Senate, when he had reigned six years, and yet was but twenty years of age, when he was put down, Alius lap in vita Heliog. and his death and deprivation was approved by public act of the Senate, who ordained also in his detestation, that never Emperor after him should be called more Antoninus', and so it was observed, though no other name had ever been more grateful before, to the world for the remembrance of the good Emperors that had been so called. This man being chastised as is said, there was preferred to the Empire in his room a goodly young man, of his next kindred, named Alexander Severus, son to Mamonea which was sister to Holiogabolus his mother, and being admitted by common consent, both of the Senate, People, and Army, Herod. in vit. Seven. he proved one of the most rarest Princes for his valour and virtue, that ever the Roman Empire hath had, so as the worthiness of Severus seemed to recompense fully the wickedness of Heliogabolus. I might name divers other such examples, and among the rest that of Maxentius, who being lawfully possessed of the Empire in Rome, as it seemed (for that he was son to Max●minianus the Emperor that reigned with Dioclesian) yet for his tyrannous Government, that was intolerable, it is supposed that the Senate (not being able to match him in open strength) sent privily into England and France, to invite Constantine to come, and do justice upon him, and so he did, and he being drowned in the river of Tiber, Constantine surnamed afterward the Great succeeded in the Empire, and was the man that all men know, and the first Emperor that publicly professed himself a Christian, and planted cur faith over all the World, and this of the Roman Empire. And if we will come lower down, and nearer home, we have yet another example, more remarkable perhaps than all the rest, which was the change of the Empire from the East to the West, for the evil Government of Constantine the sixth, who was deposed first, and his eyes put out by his own mother Irene, and the Empire usurped by her, but being not able to rule it in such order as was needful, for so great a Monarchy (though otherwise she were one of the rarest women for valour and wisdom that ever the world had) she was deprived thereof by the sentence of Leo the third, Pope of Rome, and by consent of all the people and Senate of that City, and Charles King of France and of Germany (surnamed afterward the great) was crowned Emperor of the West, An. 100 and so hath that succession remained unto this day, and many worthy men have succeeded therein, and infinite acts of jurisdiction have been exercised by this authority which were all unjust and tyrannical, if this change of the Empire, and deposition of Irene and her son for their evil government had not been lawful. It were to long to run over all other Kingdoms, yet some I shall touch in such points as are most notorious. The two famous changes that have been made of the royal line in France, the first from the race of Pharamont and Clodoveus to the line of Pepin, and the second from the race of Pepin again to the line of Hugo Capetus, that endureth unto this day, Belfor l. 1. Girard. l. 3. Aemil. l. Clem. Baudi●●en la chronique des ros de France▪ whereon are they founded, but upon the judicial chastisement and deposition of two cruel Princes, the first of Childerie, the third lawful King of France, who after ten years that he had reigned was deposed, by Zachary the Pope at the request of the whole Nobility and Clergy of France, or rather his deprivation was by them, and confirmed by the Pope, to whom they alleged this reason for their doing in that behalf, as Girard putteth it down in both his French Chronicles, I mean the large and the abbreviation, to wit, that their oath to Childerie was to honour, serve, and obey, maintain, and defend him against all men, as long as he was just, religious, valiant, clement, and would resist the enemies of the Crown, punish the wicked and conserve the good, and defend the Christian faith. And for as much as these promises (said they) were conditional, they ought not to hold or bind longer, then that they were reciprocally observed on both parts, which seeing they were not on the part of Childerie, they would not be any longer his subject, and so desired Zacharias to absolve them from their oaths, which he did, and by this means Childerie was deposed and 〈◊〉 into a Monastery, where he died, and in his place Pepin was chosen and crowned King, whose posterity reigned for many years after him, and were such noble Kings as all the world can testify. And so continued the race of Pepin in the royal throne for almost two hundred years together until Hugo Capetus, Hug. Cap. per an. 988. who was put into the same throne by the same authority of the Commonwealth, and Charles of Lorraine last, of the race of Pepin, for the evil satisfaction which the French Nation had of him was put by it, and kept prisoner during his life in the Castle of Orleans. And thus much do affirm all the French Histories; and do attribute to these changes, the prosperity and greatness of their present Kingdom and Monarchy; and thus much for France, where many other examples might be alleged, as of King Lewis the third, surnamed Faineant. For that he was unprofitable, and of Charles surnamed Legros, that succeeded him both of them deposed by the States of France, and other the like, of whom I shall have occasion to speak afterwards to another purpose. But now if you please, let us step over the Pireny mountains, and look into Spain, where there will not fail us, also divers examples both before the oppression of that Realm by the Moors, as also after, Concil. Tolet. 4. cap. 4. Ambros. morac. l. 11. cap. 17. For that before, to wit, about the year of Christ 630. we read of a lawful King named Flaveo Suintila put down and deprived, both he and his posterity in the fourth Council national of Toledo, and one Sissinando confirmed in his place, notwithstanding that Suintila were at the beginning of his reign a very good King, and much commended by Isidorus Archbishop of Seville, Isidor, in Hist. hispan, who yet in the said Council was the first man that subscribed to his deprivation. After the entrance of the Moors also, when Spain was reduced again to the order and government of Spanish Kings, we read Estevan de Garibay l. 13. de la hist. de Espa. c. 15. that about the year of Christ 1282. one Don Alonso, the eleventh of that name, King of Castille and Leon, succeeded his father Fernando surnamed the Saint, and himself obtained the surname of Sabio and Astrologo, that is to say, of wise and of an ginger, for his excellent learning and peculiar skill in that Art, as may well appear by the Astronomy tables that at this day go under his name, which are the most perfect, and exact that ever were set forth, by judgement of the learned. This man, for his evil government and especially for tyranny used towards two nephews of his, as the Spanish Chronicler Garavay writeth, was deposed of his Kingdom by a public act of Parliament in the Town of Valiodolid, after he had reigned 30. years, and his own son Don Sancho the fourth, was crowned in his place, who for his valiant acts, was surnamed ●l bravo, and it turned to great commodity of the Commonwealth. The same Commonwealth of Spain some years after, to wit, about the year of Christ, 1368. having to their King one Don Pedro, surnamed the cruel, for his injurious proceeding with his Subjects, though otherwise he were lawfully seized also of the Crown, as son and heir to King Don Alonso the twelfth, and had reigned among them 18. years, yet for his evil government they resolved to depose him, and so sent for a bastard brother of his, named Henry that lived in France requesting him that he would come with some Frenchmen to assist them in that act, and take the Crown upon himself, Garibay l. 14. c. 40. 41 which he did, and by the help of the Spaniards and French Soldiers, he drove the said Peter out of Spain, and himself was crowned. And albeit Edward surnamed the black Prince of England, by order of his father King Edward the third, restored once again the said Peter, yet was it not durable, for that Henry having the favour of the Spaniards returned again, and deprived Peter the second time, and slew him in fight hand to hand, which made show of more particular favour of God in this behalf to Henry, and so he remained King of Spain as doth also his progeny enjoy the same unto this day, though by nature he was a bastard, that King Peter left two daughters which were led away into England, and there married to great Princes. And this King Henry so put up in his place was called King Henry the second of this name, and proved a most excellent King, and for his great nobility in conversation, and prowess in Chivalry, was called by Excellency, El cavallero the Kingly King, and for his exceeding benignity and liberality, was surnamed also, El del merceedes, which is to say, the King that gave many gifts, or the liberal frank and bountiful King, which was a great change from the other surnamed cruel, that King Peter had before; and so you see that always I give you a good King in place of the bad deposed. In Portugal also before I go out of Spain, I will allege you one example more, which is of Don Sancho the second, surnamed Capelo, fourth King of Portugal, lawful son and heir unto Don Alanso surnamed el Gardo, who was third King of Portugal. This Don Sancho, after he had reigned 34. years was deprived for his defects in government by the universal consent of all Portugal. Garibay, lib. 4. de hist. Portug. c. 19 and this his first deprivation from all kingly rule and authority (leaving him only the bare name of King) was approved by a general Council in Lions, Pope ●nnocentius the fourth being there present, who at the Petition and instance of the whole Realm of Portugal by their Ambassadors the Archbishop of Braga, Bishop of Camibra, and divers of the Nobility sent to Lions for that purpose, did authorise the said State of Portugal to put in supreme government, one Don Alonso brother to the said King Don Sarcho, who was at that time, Earl of Bullen in Picardy, by right of his wife, and so the Portugals did, and further also a little after they deprived their said King, and did drive him out of his Realm into Castilia, where he lived all the rest of his life in banishment, and died in Toledo without ever returning, and this Decree of the Council and Pope at Lions, for authorising of this fact, is yet extant in our Common Law, in the sixth Book of Decretal now in print▪ Lib. 6. de cret. tit. 6. de supplenda. cap. Grand. 1. And this King Don Alonso, the third which in this sort was put up against his brother was peaceably and prosperously King of Portugal, all the days of his life, Garibay in hist de Portug. lib. 34. cap. 20. & 21. and he was a notable King, and among other great exploits, he was the first that set Portugal free from all subjection dependence and homage to the Kingdom of Castille, which unto his time ●t ha● acknowledged, and he left for his successor his so●●, and heir, Don Dionysi●el Fabricador, to wit, the great builder, for that he builded and founded above forty and four great towns in Portugal, and was a most rare Prince, and his offspring ruleth in Portugal unto this day. Infinite other examples could I allege if I would examine the lives and descents of these and other Kingdoms with their Princes, and namely, if I would speak of the Greek Emperors, deprived for their evil government, not so much by popular mutiny (which often happened among them) as by consent and grave deli●e●ation of the whole State and Weal-public, Glicas' in Annal. part. 4. Zon. Annal. co. 3. in vita Michael Calapha, as Michael Calaphates, for that he had trodden the Cross of Christ under his feet, and was otherwise also a wicked man, as also the Emperor Nicephorus Botoniates, for his dissolute life, and preferring wicked men to authority, and the like, whereof I might name many, but it would be too long. What should I name here, the deposition made of Princes, in our days, by other Commonwealths, as in Polonia, of Henry the third that was King of France▪ and before that had been sworn King of Polonia, of which Crown of Polonia, he was deprived by public act of Parliament, for his departing thence without licence, and not returning at his day by the said State appointed and denounced by public Letters of peremptory commandment, which are yet extant, In literis reip. Polon. ad Henr. Valesium pag. 182. 184. Vide Gagneum part. 1. de rebus Polon. In Suetia. What should I name the deprivations of Henry King of Suetia, who being lawful successor and lawfully in possession after his Father, Gustavus was yet put down by that Commonwealth and deprived, and his brother made King in his place who was in England, in the beginning of Queen Elizabeth's reign, whose son reigned King of Polonia, Polin. 1. 32. Histor. de Franc. An. 1568. and this fact was not only allowed of at home by all the States of that country, but also abroad, as namely of Maximilian the Emperor, and appointed also by the King of Denmark, and by all the Princes of Germany near about that Realm, who saw the reasonable causes which that Commonwealth had to proceed as it did. And a little before that, the like was practised also in Denmark against Cisternus their lawful King if we respect his descent in blood, for he was son to King john that reigned afore him, and crowned in his father's life, but yet afterwards for his intolerable cruelty, he was deprived and driven into banishment, together with his wife and three children, all which were disinherited, and his Uncle Frederick Prince of Holsatia, was chosen King, who●e Progeny yet remaineth in the Crown, and the other, though he were married to the sister of Charles the fifth last Emperor of that name, and were of kin also to King Henry the eight in England, yet could he never get to be restored, ●●●pessed his time miserably, partly in banishment, and partly in prison until he died. Sleydon. l. 4. hist. An. 1532. Mu●st. lib. 3. Cosmogra. in d●script. D●●i'e Paulus jovius in viris illust. But it shall be best perhaps to end this narration with example out of England itself, for that no where 〈◊〉 have I read more markable accidets, touching this point, then in England, and for brevity sake I shall touch only a few since the Conquest, for that I will go no higher though I might, as appeareth by the example of King Ed●in and others, neither will I begin to stand much upon the example of King john, though well also I might, so that by his cruel government he made himself both odious at home and contemptible abroad. After him King Henry the third was admitted, and he proved a very worthy King after so cruel a one as had gone before him, and had been deposed (which is a circumstance that you must always note in this narration) and he reigned more years than ever King in England did before or after him, for he reigned full 53 years, and left his son and heir Edward the first, not inferior to himself in manhood and virtue, who reigned 34. years and left a son named Edward the second, who falling into the same defects of government or worse, than King John his great Grandfather had done, was after 1. years' reign deposed also by act of Parliament holden at London the year 1326. Polyd. l. 18. hist. Anglicanae Anno 1326. and his body adjudged to perpetual prison, in which he was at that present in the Castle of Wallingford, whither divers both Lords and Knights of the Parliament were sent unto him to denounce the sentence of the Realm against him▪ to wit, how they had deprived him, and chosen Edward his son in his place, Stow in the life of King Edward the 2. for which act of choosing his son, he thanked them heartily and with many tears, acknowledged his own unworthiness, whereupon he was degraded, his name of King first taken from him, and he appointed to be called Edward of Carnarvan from that hour forward. And then his Crown and ring were taken away, and the Steward of his house broke the staff of his office in his presence, and discharged his servants of their service, and all other people of their obedience or allegiance toward him: and towards his maintenance he had only a 100 marks a year allowed for his expenses, and then was he delivered also into the hands of certain particular keepers, who led him prisoner from thence by divers other places using him with extreme indignity in the way, until at last they took his life from him in the Castle of Barkley, and his son Edward the third reigned in his place, who if we respect either valour, prowess, length of reign, acts of chevalry, or the multitude of famous Princes, his children left behind him, was one of the noblest Kings that ever England had, chosen in the place of a very evil one. But what ●hall we say? Is this worthiness which God giveth commonly to the successors at these changes, perpetual or certain by descent? no truly; nor the example of one Prince's punishment maketh another to beware, for the next successor after this noble Edward which was King Richard the second, though he were not his son, but his son's son, to wit, son and heir to the excellent and renowned black Prince of Wales, this Richard (I say) forgetting the miserable end of his great Grandfather for evil government, as also the felicity, and virtue of his Father and Grandfather for the contrary, suffered himself to be abused and misled by evil counsellors, to the great hurt and disquietness of the Realm. For which cause after he had reigned 22. years, he was deposed by act of Parliament holden in London, the year of our Lord 1399. and condemned to perpetual prison in the Castle of Pomfret, Polyd. l. 20. hist. Aug. 1399. where he was soon after put to death also, and used as the other before had been, and in this man's place by free election was chosen for King the noble Knight Henry Duke of Lancaster, who proved afterwards a notable King, and was father to King Henry the fifth, surnamed commonly the Alexander of England, for that as Alexander the great conquered the most part of Asia in the space of 9 or 10. years, so did this Henry conquer France in less than the like time. I might reckon also this number of Princes deposed for defect in government (though otherwise he were no evil man in life) this King Henry the fourth's nephew, I mean King Henry the sixth, who after almost forty years' reign was deposed, imprisoned, and put to death, Polyd. l. 23. pistor. Anglie. together with his son the Prince of Wales, by Edward the fourth of the house of York, and the same was confirmed by the Commons, and especially by the people 〈◊〉 London, and afterwards also by public Act of Parliament, in respect not only of the title which King Edward pretended, but also and especially for that King Henry did suffer himself to be overruled by the Queen his wife, and had broke the articles of agreement made by the Parliament, between him and the Duke of York, and solemnly sworn on both sides, the 8. of Octob. in the year 1459. In punishment whereof and of his other negligent and evil government, (though for his own particular life he was a good man) sentence was given against him, partly by force and partly by law, and King Edward the fourth was put in his place, who was no evil King and all English men well know, but one of the renownedst for martial acts and justice that hath worn the English Crown. But after this man again, there fell another accident much more notorious, which was that Richard Duke of Gloucester, this King Edward's younger brother, did put to death his two nephews, this man's children, to wit, King Edward the fifth and his little brother, and made himself King, and albeit he sinned grievously by taking upon him the. Crown in this wicked manner yet when his nephews were once dead, he might in reason seem to be lawful King, both in respect that he was the next male in blood after his said brother, as also for that by divers acts of Parliament, both before and after the death of those infants, his title was authorised and made good, and yet no man will say (I think) but that he was lawfully also deposed again afterward by the Commonwealth, An. 1487. which called out of France, Henry Earl of Richmond to chastise him, and to put him down, and so he did, and took from him both life and Kingdom in the field, and was King himself after him by the name of King Henry the seventh, and no man I suppose, will say but that he was lawfully King also, which yet cannot be, except the other might lawfully be deposed; I would have you consider in all these mutations, what men commonly have succeeded in the places of such as have been deposed, as namely in England, in the place of those five Kings before named, that were deprived, to wit, John, Edward the second, Richard the second, Henry the sixth, and Richard the third, there have succeeded the three Henry's, to wit, the third, fourth, and seventh, and two Edward's, the third and fourth, all most rare and valiant Princes, who have done infinite important acts in their Commonwealths, and among other, have raised many houses to Nobility, put down others, changed states both abroad and at home, distributed Ecclesiastical dignities altered the course of descent in the blood Royal, and the like, all which was unjust, & is void at this day if the changes and deprivations of the former Princes could not be made, and consequently none of these that do pretend the Crown of England, at this day, can have any title at all, for that from those men they descend who were put up in place of the deprived. And this may be sufficient for proof of these two principal points, that lawful Princes have oftentimes by their Commonwealths been lawfully deposed, for misgovernment, and that God hath allowed and assisted the same, with good success unto the Weal-public, and if this be so, or might be so, in Kings lawfully set in possession, then much more hath the said Commonwealth power and authority to alter the succession of such as do but yet pretend to that dignity, if there be due reason and causes for the same. The fourth Speech. TRuly Sir I cannot deny, but the examples are many that this Gentleman hath alleged, and they seem to prove sufficiently that which you affirmed, at the beginning, to wit, that the Princes by you named were deprived, and put down by their Commonwealths for their evil government. And good successors commonly raised up in their places, and that the Commonwealth had authority also to do it I do not greatly doubt, at leastwise, they did it, de facto, and now to call these facts in question, were to embroil and turn up-side-down all the States of Christendom, as you have well signified, but yet for that you have added this word lawfully so many times, in the course of your narration, I would you took the pains to tell us also, by what Law, they did the same, seeing that Belloy whom you have named before, and some other of his opinion do affirm, Belloy apolog. catholic. part. 2. paragraf. 9 & apol. pro rege. cap. 9 That albeit by nature the Commonwealth have authority over the Prince, to choose and appoint him, at the beginning, as you have well proved out of Aristotle and other ways; yet having once made him, and given up all their authority unto him, he is now no more subject to their correction, or restraint, but remaineth absolute of himself without respect to any, but only to God alone, which they prove by the example of every particular man, that hath authority to make his Master or Prince, of his inferior; but not afterwards to put him down again, or to deprive him of the authority which he gave him, though he should not bear himself well and gratefully, but discourteous rather, and injuriously towards him that gave him first this authority. To which also they do allege the speech of the Prophet Samuel, in the first Book of the Kings, where the people of Israel demanded to have a King to govern over them, as other nations round about them had, and to leave the the government of they high Priest under whom at that day they were. At which demand▪ both God himself and Samuel were grievously offended, and Samuel by God's express order, protested unto them in this manner, 1. Reg. 8. Well (quoth he) you will have a King, harken then to this that I will say, Hoc erit ius regis, qui imperaturus est vobis, this shall be the right and power of the King that shall rule over you, to wit, he shall take from you your children both Sons and Daughters, your Fields and Vineyards, your Harvest also and Ren●s, your Servants, Handmaids, and Herds of Cattie, and shall give them to his Servants▪ and you shall cry unto God in that day from the face of this your King, whom you have chosen, and God shall not hear you, for that you have demanded a King to govern you. Out of all which discourse and speech of the Prophet, these men do gather, that a King is nothing so restrained in his power, or limited to law, as you have affirmed▪ but rather that his law is his own will, as by these words of the Prophet may appear & much less may the Commonwealth chastise or deprive him for exceeding the limits of law, or doing his will, seeing that here in this place God doth foretell, that Princes oftentimes shall commit excesses and injuries; and yet doth he not therefore will them to chasten or depose them for the same, but rather insinuate●h, that they must take it patitiently for their sins, and cry to God for remedy, and persevere therein, though he do not at the first hearken to them, or grant their redress. The fifth Speech. I Confess, that Flatterers of Princes in these our days, have not only affirmed, that Princes were lawless, and subject to no account, reason, or correction whatsoever they did, but also (which is yet more absurd & pernicious to all Commonwealths) Belloy apolog. part 2. p. 7. & apol pro Rege c. 6. & 24. & 26. That all goods, chattels possessions, and whatsoever else commodities temporal of the Commonwealth, are properly the Kings, and that their subjests have only the use thereof, without any propriety at all, so as when the King will, he may take it from them by right, without injustice or injury, which assertions do overthrow wholly the very nature and substance of a Common▪ wealth itself. For first, to say that a King is subject to no law or limitation at all, but may do what he will is against all that I have alleged before of the very institution of a Commonwealth, which was to live together in justice & order, and as I showed out of Cicero, speaking of the first Kings, justitiae fruendae causa bene morati Reges olim sunt constituti. For enjoying of justice were Kings appointed in old time that were of good life; but if they be bound to no justice at all, but must be born and obeyed, be they never sowicked, then is this end and butt of the common wealth, and of all Royal authority, utterly frustrate: then may we set up public Murderers, Ravishers, Thiefs, and Spoilers, to devour us, in stead of Kings and Governors to defend us; for such indeed are Kings that follow no law, but passion & sensuality & do commit injustice by their public authority; & then finally were all those Kings beforementioned, both of the Jews, Gentiles, and Christians unlawfully deprived, & their Successors unlawfully put up in their places, & consequently all Princes living in Christianity at this day, who are deseended of them, are intruders, & no lawful Princes. By the second saying also, that all temporallties are properly the Princes, & that Subjects have only the use thereof, without any interest of their own, no less absurdities do follow, then of the former assertion: Institut. imp. l 2. Tit. 1. for that first▪ it is against the very principle & foundation of our civil law, which at the first entrance, & beginning, maketh this division of goods, That some are common by nature to all men, as the Air, the Sea, and the like; other are public to all of one City or Country, but yet not common to all in general, as Rivers, Ports, and other such: some are of the community of a City or Commonwealth, but yet not common to every particular person of that City, as common Rents, Theaters, the public house, &c some are of none, nor properly of any man's goods, as Churches and sacred things, and some are proper to particular men, as those which every man possesseth of his own, which division of justiman the Emperor, & his most learned Lawyers is not good, if the Prince be Lord proprietary of all: nay he that made this division, being Emperor, did great injury also to himself, ●n assigning that to others, which by the opinion of Belloy & his fellows, was properly & truly his own, in that he was Emperor & Lord of the world. Besides all this, so absurd a saying is this, as it overthroweth the whole nature of a Common▪ wealth itself & waketh all subjects to be but very slaves. For that slaves & bondmen, as Aristotle saith, in this do diffe● from Freemen, that slaves have only the use of things without property or interest & cannot acquire or get to themselves any dominion or true right in any thing for that whatsoever they do get, it accrueth to their Master & not to themselves, & for that the condition of an Ox or an Ass is the very same in respect of a poor man that hath no slave: for that the Ox or Ass g●t●eth nothing to himself, but only to his Master, & can be Lord of nothing of that for which he laboureth: for this cause, wittily also said Arist●tle, that bos aut asinus pauperi agricolae proservo est, An Ox or an Ass is to a poor husbandman in stead of a boudman, & so seeing that Malignants will needs have the state & condition of all Subjects to be like unto this, in respect of their Prince, and that they have nothing in propriety, but only the use and that all dominion is properly the Princes: what doth the other than make all Subjects not only slaves, but also Oxen and Asses, and pecora campi. Last of all, for I will not overload you with reasons in a matter so evident, if all Subjects goods be properly the Kings, why then was Achab and jezabel King & Queen of Israel so reprehended by Elias, and so punished by God, for taking away Nabothes Vinyard? seeing they took but that which was their own. Nay, why wa● not Naboth accused of iniquity, rebellion & treason, for that he did hot yield up presently his Vinyard, when his Princes demanded the same, seeing it was not his, but theirs? Why do the Kings of England France and Spain ask money of their Subjects in Parliaments, if they might take it as their own? Why are those contributions termed ●y the name of Subsidies, helps, benevolences, lones, &c. if all be due, and not voluntary of the Subjects part? How have Parliaments oftentimes denied to their Princes such helps of money as they demanded? Why are their Judges appointed to determine matter of Suits & Pleas between the Prince and his Subjects, if all be his, and the Subject have nothing of his own? And last of all, why doth the Canon Law so straight inhibit all Princes, upon pain of excommunication, to impose new impositions & taxes upon their people, without great consideration & necessity, & free consent of the givers, if all be the Princes, & nothing of the Subject? Nay, why be all Princes generally at this day prohibited to alienate any thing of their own Crown, without consent of their people, if they only be Lords of all, and the People have interest in nothing. And hereby also we may gather what the Prophet Samuel meant, when he threatened the Jews with the disorders of Kings that should reign over them; not that these disorders were lawful or appertained to a righteous King, but that seeing they refused, ●o be under the moderate government of their high Priests, and other Governors which God had given them hitherto, & required to be ruled by Kings, as other Heathen Nations of Egypt, Babylon, Syria, & Persia were, whose manner of Government not only Historiographers, but Philosophers also, & Aristotle among the rest doth note to have been very tyrannical, Arist. l. 5. pol. c. 11. Joseph. l. 6. ant. c. 4. yet for that the Jews would needs have that government, as a matter of more pomp & glory, then that which hitherto they had had, Samuel did first iusinuate to them, what extortion & wickedness those Heathen Kings did use commonly over their people, in taking their children, servants wives, goods, & the like from them, & that many Kings of Israel should do the like, & take it for their right and Sovereignty, & should oppose & tyrannise over them, & enforce them to cry out to God for help, & they should not find remedy, for that so heddily they had demanded this change of Government, which highly displeased Almighty God. And this is the true meaning of that place, if it be well considered, and not to authorise hereby injustice or wickedness in any King seeing the principal point● recorded to all Princes, and Kings through all course of Scripture, are diligere inducrum & justitiam, apprebendere disciplinam, & ●facere veritatem, that is to say to love judgement, and justice to admit discipline and to execute truth, and this is the instruction that God gave to the Jews in Deutronomy Deut. 17. 3. Reg. 2. & 10 for their Kings when they should have them, which God foretold many years before they had any, and this is the admonition that King David left unto, Psal. the 2. his Son and successor Solomon, at his death, and by him to all other Kiogs and Princes, and for want of observing their points of judgement justice discipline, and truth, we see not only Achab, and jezabel before mentioned grievously punished but many other Kings also by God himself, as Achaz Manasses joachim, and the like which had not been justice on God's part so to punish them if it had been lawful for them to use that manner of proceeding towards their people, as these good instructors of Princes in out days most fond, and wickedly do affirm, and thus much for that place. But to the point by what Law the commonwealth, did punish their evil Princes it is by all law divine and human▪ divine for that God doth approve that form of government which every commonwealth doth choose unto itself, as also the conditions, statutes und limitations which itself shall appoint unto her Princes as largely before hath been declared. And by all human law also; for that all law both natural, national, and positive, doth teach us, that Princes are subject to law and order, and that the commonwealth which gave them their authority for the common good of all may, also restrain or take the same way again, if they abuse it to the common evil. And whereas these men say, that like as if a private man should make his inferior or equal to be his prince, he could not after restrain the same again, and so neither the common wealth having once delivered away her authority: I answer first that the comparison is not altogether like, for that a private man though he give his voice to make a Pr●nce, yet he being but one maketh not the Prince wholly as the Common wealth doth, and therefore no marvel though it lie not in a particular man's hand to unmake him again, besides this, a private man having given his voice to make his Prince remaineth subject and inferior to the same, but the whole body though it be governed by the Prince as by the head, yet is it not inferior but superior to the Prince; neither so giveth the common wealth her authority and power up to any Prince, that she depriveth herself utterly of the same, when need shall require to use it for her defence for which she gave it. And finally which is the chiefest reason of all, and the very ground and foundation indeed of all King's authority among christians the power and authority which the Prince hath from the common wealth is in very truth not absolute, but potestas vicaria or deligata, that is to say a power deligate, or power by commission from the common wealth, which is given with such restrictions cautels, and conditions yea, wi●h such plain exceptions, promises and oaths of both parties, (I mean between the King and common wealth at the day of his admission or coronation) as if the same be not kept, but wilfully broken, on either part, then is the other not bound to observe his promise neither, though never so solemnly made or sworn for that in all bargains, agreements and contracts, where on part is bound mutually and reciprocally to the other, by oath, vow, or condition, there, if one side go from his promise, the other standeth not obliged to perform his: and this is so notorious by all law, both of nature and nations, and so conform to all reason and equity, that it is put among the very rules of both the civil and cannon law where it is said, frustra a fidem sibi quis postulat servari ab eo, cui sidem a se prestitam servare recusat. He doth in vain require promise to be kept unto him at an other man's hands to whom he refuseth to perform that which himself promised and again. Non abstringitur quis ●uramento ad implendam quod juravit, si ab alia parte non impletur, cujus respectu praebuit juramentum. A man is not bound to perform that which by oath he pr●mised, if on the other part, that be not performed in respect whereof this oath was made: as for example, if two should swear the one to assist the other upon the way in all respects, & after falling upon enemies that were either kin or friends to the one of them, & he should take their part against his fellow; clear it is, that the other were not bound to keep his oath toward that Party that hath so wickedly broken it unto him. Nay, not only in this case, that is so evident & palpable by nature itself, but in many other also, it is both lawful, honest, & convenient, to leave sometimes the performance of our oath; as namely, when the fulfilling thereof should contain any notable hurt or inconvenience against Religion, Piety, justice, honesty, or the weal public, or against the party himself to whom it was made, as if a man had sworn to restore a sword to a mad or furious man, wherewith it were likely he would destroy himself & others, and other like cases, which Cicero putteth down in his first book of offices, & deduceth them from the very ground of nature and reason itself, & saith that it were contrary to the duty of a good or honest man, in such cases to perform his promise. Our Divines do also allege the example of Herod, that had sworn to the daughter of Herod as to give her what she demanded, who demanding the head of St. John Baptist, Mat. 24 though Herod were sorry for the same; yet saith the text, that for his oaths sake he commanded it to be performed, which yet no man will deny, but that it had been far better left unperformed & the oath better broken then fulfilled, according to another rule of the law, which saith, in malis promissis fidem non expedit observari, Regul. 68 in fine 6. Decret. it is not expedient to keep our promise in things evil promised. And finally to this purpose, to wit, to determine how many ways an oath may be lawfully broken or not kept, there is a whole title in the Canon law, containing 36 chapters, wherein are set down many & divers most excellent & evident cases about the same, determined by Gregory the 1. & other ancient Popes & Doctors; and in the second part of the Decret. there is alleged this sentence out of Isidorus, & established for law, in malis promissis rescinde fidem, in turpi voto muta decretum, impia enim promisso quae scelere impletur, that is, in evil promises perform not your word, in an unlawful vow or oath change your determination, for it is an impious promise which cannot be fulfilled but with wickedness, and the very same matter is handled in the question following, which is the fist, throughout 23 whole chapters together. So as nothing is more largely handled in our law, both Civil & Canon, than this matter of promises & oaths how & when & why, & in what cases they hold or bind▪ and when no●. All which, to apply it now unto our matter of Kings, that we have in hand, we are to understand that two evident cases are touched here, as you see, when a Subjects oath or promise of obedience may be left unperformed towards his Prince: the first when the Prince observeth not at all his promise & oath made to the Commonwealth, at his admission or coronation, & the other when it should turn to the notable damage of the weal public (for whose only good the Prince's office was ordained & proved▪ if the Subject should keep & perform his oath & promise made unto his Prince. And both these cases are touched in the deprivation of Childerike the last K of France, of the first line of Pharamont, for that as Paulus, Em●lus, Belforest, G●rard, and other French stories do testify, Em●l. l. 2. Hist Fran Belfor●n vita childe● Girard lib 3. the Bishop of Wirtsburg, that in the name of all the Nobility and Commonwealth of France, made his Speech to Zachary the Pope for his deposition, and for the election of Pepin in his place, alleged these reasons, saying. Truth it is, that the French have sworn fidelity unto Ch●ldericke, as to their true & natural King but yet with condition, that he on his part should also perform the points that are incident to his office, which are To defend the Commonwealth, protect the Church of Christ resist the wicked advance the good & the like; and it he do this then the F●ench are ready to continue their obedience & allegiance unto him: but if he be apt for none of these things, neither fit, either for a Captain in War, or for a Head in Peace; and if nothing else may be expected while he is King, but detriment to the State, ignominy to the Nation, danger to Christ & Religion, and destruction to the Weal Public, than it is lawful for you no doubt, most holy Father, to deliver the French from this band of their oath, & to testify that no promise can bind this Nation in particular, to that which may be hurtful to all Christendom in general. Thus far that Bishop and his speech was allowed, and Chelderick deposed, and Pepin made King in his place. By this than you see the ground whereon dependeth the righteous and lawful deposition and chastisement of wicked Princes, viz. their failing in their oath & promises, which they made at their first entrance, that they would rule and govern justly, according to law, conscience, equity, and religion, wherein when they fail, or wilfully decline, casting behind them all respect of obligation and duty, to the end for which they were made Princes, and advanced in dignity above the rest; then is the Common wealth not only free from all Oaths made of obedience or allegiance to such unworthy Princes, but is bound moreover for saving the whole body, to resist, chasten, & remove such evil heads if she be able, for otherwise all would come to destruction, ruin, and public desolation. And here now comes in all those considerations which old Philosophers, Lawmakers, & such others as have treated of Commonwealths, are wont to lay down, of the difference & contrariety between a King & a Tyrant, Plat. dial. 1 de repub. Arist. l. 2. pol. c. 5. for that a King (as both Plato & Aristotle doth declare) when once he declineth from his duty becometh a Tyrant, that is to say, of the best & most Sovereign thing upon earth, the worst & most hurtful creature under Heaven; for that as the end & office of a King is to make happy his Commonwealth, so the butt of a Tyrant is to destroy the same. And finally the whole difference is reduced to the principal head that before I have mentioned, to wit, That a King ruleth according to equity, oath, conscience, justice, & law prescribed unto him; & the other is enemy to all these conditions, There is a special book set forth of this matter, by one Bartolus, Father of Civil Law, where the matter is handled largely, as also how lawful & commendable it is to resist any Tyrant. He concludeth with Cicero in his books de legibus, where he saith, ut populo Magistratus ita Magistratut presunt leges, Cicero l. 3. dt legibus. A good Prince or Magistrate makes his account, that as he is over the People, so Laws are over him, and a Tyrant the contrary. And greatly is commended the saying of Theodosius & Valentiman, two worthy Emperors, recorded in our civil Law, who said, Digna vox est Majestate regnantis, legibus se allegatum fateri. It is a speech worthy the Majesty of him that reigneth, to confess that he is bound unto the Laws, & the contrary, saying of the Tyrant Cajus Caligna, is justly detested by all Writers, who said unto one, as Suetonus reporteth, Memento mihi omnia & in omnes licere, remember that all things are lawful unto me & against all men without exception. The saying also of the famous Emperor Trajan deserveth immortal memory & commendation who when he delivered the Sword to a Praetor or Governor of Rome to do justice he added these words, Take this Sword, & if I do reign justly, use it for me, and if not, then use it against me, which in effect & substance, are the very same words, which our Christian Princes at this day do use at their entrance and coronations, when they promise & swear to rule justly; & according to the laws, Statutes, & Ordinances of their country, & upon that condition do take the oaths of their subjects obedience, protesting there withal, that if they perform not this, that then their subjects are free as before from all allegiance and then may the common wealth as also the very officers themselves of such a Kiug use their sword against him, who gave it to them, for the public good if need so ●equire, as Trajan commanded. Concerning oaths and promises made by Princes at their first admission to government, for as much as not nature, but the election and consent of the people, had made their first Princes from the beginniug of the world most certain it appeared, and conform to all reason that they were not preferred to this eminent power and dignity over others, without some condi●ions and promises made also on their parts, for using well t●is supreme authority given unto them: seeing it is not likely that any people would ever yeetd to put their lives, goods and liberties in the hands of an other, without some promise and assurance of justice and equity to be used towards them, and hereof came to pass, that both the Romans and Grecians to their ancient Kings prescribed laws and limits. And in every common wealth the more orderly the Prince cometh to his crown, and dignity, the more express and certain have been ever these conditions and agreements between him and the p●●ple, as one the other side the more violeutly the Prince getteth his authority or by tyranny and disorder, as those ancient and first Tyrants of Assiria to wit Nem●ed Belus and the like▪ that by mere force and guile got rule over others, and the old King of Egypt, and Babylon, and those of the Roman Emperors that by violence of Soldiers only got ●nto the Royal seat, and all such as at this day do get by force to rain among to● the Tur●es, among these (I say) it is no marvel, though few conditions of just dealing may be expected, though I doubt not but get to their followers and advancers, these men also do ma●e large promises of good government, as the beginoing as all ambition's men are wont to do, though with little intention of performance. But in all good and well ordered common wealths where matters pass by reason, conscience wisdom and consultation, and especially since christian religion hath prevailed, and given perfection to that natural light which moral good men had b●fore in matters of governments since that time I say this ●oint of mutual and reciprocal oaths between Princes and subjects at the day of their coronation or admission (for all are not crowned) have been much more established, made clear and put in ure. And this form of agreement and convention, between the commou wealth and their chtistian head or King, hath been reduced to a most sacred and religious kind of union and concord then before for that the whole action hath b●eu●don by Bishops and ecclesiastical Prelates, and the astipulation and promises made on both sides, have passed and been given received and registered with great reverence in sacred places, and with great solemnity of religious ceremonies, which before were not so much used, though all ways there were some. And therefore our examples at this time shall be only of Christian common wealths, for that they are more peculiarly to our purpose. Fir●● then to begin with the East or Greek Emperors of Constantinople as the most ancient among other, for that after the Empire once translated from Room to Constantinople, by our Constontine the great and the first Christian Emperor that ever did publicly show himself for such, these Greek emperor's were the most eminent Princes of all christianity among whom I do find that albeit their there coming to the Crown were nothing so orderly for them pu● as at this day it is used, but many times the means thereof were turbulent and seditious, yet find I (as I say) that above a thousand years one, they were wont to have anoth exacted at their hand, by rh●● patriarch of Constantinople, who was the chief Prelate, for thus writeth Zon●ras of the coronation of A●asta●ius the first, that succeeded Zeno, obout the veare of 〈◊〉 5 4 Amequam coronaretur, fidei confessionam script●m, quae ollic c●retur, se in dogmatibus Ecclesiastic 〈◊〉 esse novatu u●●, ab eo exegi● patrlar● 〈…〉 vir sanctus & orthodoxus he 〈…〉 being a help and catholic mae●●equired of Anast●tius ●l●cted Emperor, before he was crowned a cou●●sion 〈…〉 should pro●ise to change or innovate nothing in matt●rs pertaining t● the doctrine of the 〈◊〉 and the same ha●e Nicepb●● 〈◊〉 and ot●ers. And not only this but divers other conditions also doth the same author insinuate that this Anaas●tius promised at his coronat on before he could be crowned, as among other things, the taking away of certain tributes and impositions, the giving of Offices without money and other like points, apperteining to reformation and good government. which he performed for a ti●e in the beginning of his government, but after fel● into the heresies of the Eutichians, and banished this same good Patriarch Euphemius, that had crowned him, and he thrived thereafter for that he was slain by a thunder bot● from ●eaven, after he had reigned 27. years, and was accounted for a very wicked man, by all writers, for that he had broken (as they said) the conditions quas gravi juramento scriptis ●elato confirmasset. That is to say the conditions which he had avowed and confirmed with a grave oath. ●he like I read about 300. years after, recorded by the same author of the Emperor Michael the first in these words. The Grecian Emperor's oath, Michael ubi dilaxit magnam ecclesiam ingressus, a Patriarcha Nicephoro imperatorio diademate est ornatus post silato scripto, quo promilleret, se nulla eccleisa instituta violatu●um neque christianorum sanguine manus contaminaturum. Zon. To● 3. in vita Mich. An. 820. ●hich is Michael new chosen Emperor, came early in ●he morning into the great Church of Constantinople, and was crowned there with the Imperial crown by the hands of Nicephorus the Patriarch, but yet so, as he was first required to swear and promise by writing, that he would never violate the ordinances of the Church▪ nor contaminat is hands with christian blood, which in effect, is as much to say▪ as that he should reign godly & justly & many other such examples might be alleged, but by this it is easy to see, what was the fashion of admitting & crowning those Grecian Emperors by their Patriarches, in the name of all the Commonwealth, which Commonwealth was not satisfied with an oath, except also it were set down in writing▪ And if we pass to the Latin & West Empire which about this very time was restored by Zachary the Pope, & by the whole Commonwealth of Rome & was given to Cha●les the great & his Posterity, we shall find that this point is more settled & more inviolably kept vet in this Empire then in the other, for albeit, that this Empire 〈◊〉 West went by succession for the most part at the beginning, until afterwards it was appointed by Pope Gregory the 5. to pass by the election of certain Princes in Germany, that now enjoy that privilege to be Electors, yet shall we see always, that they even before this constitution, when this dignity went by succession, were never admitted to the same, without this circumstance of swearing to conditions of righteous government: the form & manner o which admission, for that I find it set down more perfectly, & particularly in the coronation of Oho the ay, then of any other Emperor, & that by many Authors, & that this Otho was son & heir unto the famous Emperor of Hen. 1. of that name, Duke of Saxony, surnamed the Falconer for the great delight ●e had in the flight of Falcons, Saxo Gram. l. 10. Cranzio l. 3. metro c 12. for these causes I mean to begin with the coronation of this man before any other This otho then son to H. ●: though being his heir, & so named by H. himself to the inheritance of the said r●●wn of Germany: yet was he not admitted thereunto until he had made his oath & received his new approbation by the people, for so the story saith, that the Archbishop of Moguntia (the chief Prunate of all Germany bringing him to the Altar where he must swear, said these words unto the people: Behold I bring you here Otho, chosen by God, & appointed ou● by his Father Henry our Lord, & now made King by all the Princes of this Empire, if this election please you, do you signify the same by ho●●din● up your hands to Heaven, Whitich ndus gest. Saxon lib. 1. And the● upon the said Archbishop turned about to the Altar, where lay all the ornaments & ensigns of the Empire, as the sword with the girdle, the cloak with the bracelets, th● staff with the sceptre, & diadem, every one whereo● the Archbishop out up ●n the Emperor, telling him the signification of every thing, what it did bind him un●o: as for example when he put the sword about him he said, accipe hunc gladium quo ejicias omnes Christi adversary's & ma●os christianos, authoritate divino per Episcopos tibi tradita, w●t●chin. l. 2, which is, take unto thee this sword whereby thou mayst cast out & drive away all the enemies of Christ, whether they be barbarous infidels, or evil christians, & this by the authority of God delivered unto thee by us, And thus he ●id with all other ornaments & ensigns, telling the signification & obligation of every one, & taking the Emperor's promise to perform all. And after all, Rex persusus olco sancto, co●onatur diademate aureo, ab Episcopis, & ab eisdem ad soticitur & in eo colocatur. The King being anointed with holy oil was crowned by the Bishops, and by the same was brought to the royal seat and therein placed. This happened about the year of Christ 940. and the ceremony is recounted in o'er amply in this man's coronation, then in any other, both for that he was a very noble prince, and the very first of the german nation, that was lawfully, and orderly preferred to the imperial feat, after that it passed from the children of Charles the great, and there be divers points worthy the noting in this example, and among other that albeit he were lawful King and Emperor by succession, as also by appointment of his Father: yet was he chosen and admitted again by the Princes and people, and that he swore to fulfil all those points and conditions, which the signification of the Imperial ornaments did bind him unto. After this, about 60 Years or more, Pope Gregory the 5. in a synod holden in Rome, did by the consent of Otho the 3. Emperor & Nephew unto this other Oth●, appoint a certain form of Election for the time to come of the Germane Emperor that he should be chosen by six Princes of Germany, three eclesiastical which are the Arch-Bishops of Moguntia, Colen, and Trevires, and three temporal Lords. Blend. decad. 2 li. 3 Crant. l. 4. cap. 25. Duke of Saxony, the County Palatine of Rhine, and the Marquis of Brandeburg and when these 6 voices should happen to be equally divided, then that the Duke of Bohemia (for then it was no Kingdom) should have place also to determine the election. All which was determined in the Y●are of Christ 996. in Rome, and approved afterward by all the Princes of Germany, and allowed by all other Christian Princes, and states of the world, and so endureth unto this day. And among all other points, of this his Coronation and his Oath to be taken for his well government, was and is most exactly set down, and recorded by many historiographers of that time, and since: But I shall allege them only out of john Sleydan, as the most convenient Author for this our time and purpose. Sleyd. l. 1. Histor. An. 1519. First of all, after any man is chosen Emperor, he is to be called only Cesar and the King of the Romans, and not Emperor, until he be Crowned, and the conditions which he sweareth unto presently after his election, Are to defend the Christian and Catholic Religion, to defend the Pope and Church of Rome, whose advocate he is, to minister justice equally to all, to follow p●ace, to keep and observe all Laws Rights and Privileges of the Empire, not to alienat or engage the possessions of the Empire, to condemn no man without hearing his cause, but to suffer the course of law to have his place, in all and whatsoever he shall do otherwise, that it be void and of no Validity at all. Unto all these Articles, he sweareth first by his Legates, and then he giveth a copy of his Oath in writing to every one of the six Electors, and after this he goeth to the City of Aquisgran to be crowned in the great Church, where about the middle of the Mass, the Arch Bishop of Colen goeth unto him in the presence of all the people, and asketh, whether he be ready to swear and promise to observe the Catholic Religion, defend the Church, Minister, justice, protect the Widows and Fatherless, and yield dutiful honour and obedience to the Pope of Rome, whereunto he answering that he is ready to do all this, the Archbishop leadeth him to the high Altar where he sweareth in express words, all these Articles, which being done, the said Archbishop turning himself to the Princes of the Empire, and people there present, doth ask them, whether they be content to swear obedience and fealty unto him, who answering yea, he is anointed by the said Archbishop before the Altar, and then do come the other two Arch-Bishops of Moguntia and Treveris, and do lead him into the Vestery, where certain Deacons are ready to apparel him in his robes, and do set him in a Chair, upon whom the Archbishop of Colen saith certain prayers, and then delivereth him a Sword drawn, and putteth a Ring upon his Finger, and giveth him a Sceptre in his hand, and then all the three Arch-Bishops together, do put on the Crown upon his head, and leading him so crowned and apparelled u●to the high Altar again; he sweareth the second time, that he will do the part of a good Christian and Catholic Emperor. Which being ended, he is brought back and placed in the Imperial Seat and Throne, where all the Princes of the Empire do swear obedience and faith unto him, beginning with the three Arch-Bishops, and continuing on with the three other Electors, and so all the rest in order which is a notable and magesticall manner of admitting and authorising of a Prince as you see, and it is to be marked among other things, that the Emperor sweareth three times, once by his deputies, & twice by himself, before his Subjects swear once unto him. And yet will Malignants needs have subjects only bound to their Princes, and the Prince nothing at all bound to them again. In Polonia, which being first a Dukedom was made a Kingdom, about the same time that this form of electing of the Germane Emperor was prescribed; the manner of Coronation of their Kings, is in substance the very same, that we have declared to be of the Emperor. For first of all, the Archbishop of Gnesua metropolitan of all Polonia, cometh to the King standing before the high Altar and saith unto him these words. Whereas you are right noble Prince to receive at our hands this day who are (though unworthily) in place of Christ for execution of this function, the sacred anointing and other Ceremonies, Ensigns, and Ornaments appertaining to the Kings of this Land; it shall be well that we admonish you in a few words, what the charge importeth which you are to take upon you, etc. Alex Gua guinterum Polon. Tom. 1. & Oricho in Chimer. fol. 9 and 106. Thus he beginneth▪ and after this, he declareth unto him for what end he is made King, what the obligation of that place and dignity bindeth him unto, and unto what points he must swear, what do signify the Sword, the Ring, the Sceptre, and the Crown that he is to receive, and at the delivery of each of these things he maketh both a short exhortation unto him, and prayer unto God for him. And the King's Oath in these words. Promi●o coram Deo & angelis ejus, I do promise and swea●e before God and his Angels, that I will do Law and Justice to all, and keep the peace of Christ his Church, and the union of his catholic Faith, and will do and cause to be done, du● and canonic●ll honour unto the Bishops of ●his Land, and to the rest of the Clergy, and if (which God forbid) I should break my Oath, I am content that the Inhabitants of this Kingdom, shall owe no duty or obedience unto me as God shall help me and Gods holy Gospels. Bodin derep. l. 2. c. 9 After this Oath made by the King, and received by the subjects, the Lord Martial General of the whole Kingdom, doth ask with a loud voice of all the Councillors, Nobility, and people there present, whether they be content to submit themselves unto this King, or no, who answering yea: the arch Bishop doth end the residue of the ceremonies, & doth place him in the royal Throne, where all his Subjects do homage unto him, and this for Polonia. In Spain I do find, that the manner of admitting their Kings was different, and not the same before and after the destruction thereof by the Moors; bu● yet that in both times their Kings did swear in effect the selfsame points which before have been mentioned in other Kingdoms. For first, before the entering of the Moors when Spain remained yet one general Monarchy, under the Goths, it is recorded in the four●h national Council of Toled●, which was holden the year of our Lord, 633. according to Ambrosio Morales, the most learned and diligent historiographer of Spain. Amb. Morales li. 11. c. 17. hist. Hisp. praefat, ejusdem concilij. (though others do appoint it some few years after) in this Council (I say) it is said, that their new King S●ssinandus (who had expelled Suintila their former King for his evil Government.) This King Sissinandus, I say coming into the said Council in the third year of his reign accompanied with a most magnificient number of Nobles, that waited on him, did fall down prostrate upon the ground, before the Arch-Bishops, and Bishops there gathered together, which were 70. in number, and desired them with tears to pray for him, and to determine in that Council, that which should be needful and most convenient both for maintaining of God's Religion, and also for upholding and prospering the whole Commonwealth: whereupon those Fathers after matters of Religion and reformation of manners, which they handled in 73. Chapters. In the end and last Chapter, they come to handle matters of Estate also. Concil. Tol. 4. c. 74. And first of all they do confirm the deposition of King Suintila together with his Wife, Brother, and Children, and all for his great wickedness, which in the Council is recounted, and they do deprive them not only of a little to the Crown; but also of all other goods, & possessions, moveables and immovables, saving only that which the new King's mercy should bestow upon them, and in this Council was present and subscribed first of all others, ●sidorus Archbishop of Sivil, who writing his History of Spain dedicated the same unto this King Sissinandus, Ambros. Maral. l. 11. cap. 17. and speaketh infinite good in the same, of the virtues of King Suintila, that was now deposed and condemned in this said Council; whereby it is to be presumed, that he had changed much his life afterward, & became so wicked a man, as here is reported. After this, the Council confirmeth the Title of Sissinandus, and maketh decrees for the defence thereof; but yet insinuateth what points he was bound unto, and whereunto he had sworn when they said unto him, To quoque p●●aesentem 〈◊〉 Ac juturos aelatum sequentium principes, etc. We do require you, that are our present King, and all other our Princes that shall follow hereafter with the humility which is convenient, that you be meek and moderate towards your Subjects, and that you govern your people in justice and piety, and that none of you do give sentence alone against any man in cause of life and death; but with the consent of your public Council, and with those that be Governors in matters of judgement. And against all Kings that are to come, we do promulgate this sentence, that if any of them shall against the reverence of our Laws, exercise cruel authority with proud domination, and Kingly Pomp, only following their own concupiscence in wickedness, that they are condemned by Christ with the sentence of excommunication, and have their separation both from him and us to everlasting judgement. But in the next two years after the end of this Council, King Sissinandus being now dead and one Chintilla made King in his place, there were other two Counsels gathered in Toled●, the first whereof was but Provincial, and the second national, and they are named by the names of the fifth and sixth Counsels of Toledo. Ambros. Moral. l. 11. cap. 23. & 24. In the which Counsels, according to the manner of the Goths (who being once converted, from the Arrian heresy, were very catholic and devout ever after, and governed themselves most, by their Clergy) and not only matters of Religion were handled; but also of State and of the Common Wealth, Concil. 5. cap. 2, 3, 4. 5. & conc. 6. cap. 16. 17, 18. especially about the succession to the Crown, safety of the Prince, provision for his Children, friends, Officers, and favourites after his death, and against such as without election or approbation of the Commonwealth, did aspire to the same, all these points I say were determined in these Counsels and among other points a very severe decre● was made in the sixth Council, concerning the King's Oath at his admission in these words. Consonan une cord & ore promulgamus Deo placituram sententiam. Coucil. Td. 6. c. 3. We do promulgate with one heart and mouth this sentence agreeable and pleasing unto God, and do decree the same with the consent and deliberation of the Nobles and Peers of this Realm, that whosoever in time to come shall be advanced to the honour and preferment of this Kingdom, he shall not be placed in the Royal Seat, until among other conditions he hath promised by the Sacrament of an Oath, that he will suffer no man to break the Catholic Faith, etc. By which words especially (among other conditions) is made evident, that those Princes swear not only to keep the Faith; but also such other conditions of good Government as were touched before in the fourth Council, and these things were determined while their King Chintill● was present in Toledo, as Ambrosio Morales ●oteth. Ambros. Moral. lib. 1. cap. 23. The destruction of Spain. Before the entrance of the Moors, and before the dividing thereof into many Kingdoms, which happened about ● hundreth years after this, to wit in the year of our Saviour 713. and 714. But after the Moors had gained all Spain, and divided it between them, into divers Kingdoms. Ambros. Moral. li. 13. c. 1. & 2 de la Chron. de Esp● yet God provided that within four or five years the Christians that were left and fled to the Mountains of Asturias & Biscay▪ found a certain young Prince named Don Pelayo of the ancient blood of the Goatish Kings, who was also fled thither, and miraculously saved from the enemies, whom they chose strait ways to be their King, and he began presently the recovery of Spain, and was called first King of Asturias, and afterward of Leon, and after his successors got to be Kings also of Castilia, and then of Toledo and then of Arragon, Barcelona, Valentia, Murcia, Cartagena, 〈◊〉, Cortuba, Granado, Sivil, Portugal, and Navarra, all which were different Kingdoms at that time, so made by the Moors. And all these Kingdoms were gained again, by little and little, in more than 700. years' space, which were lost in less than two years, and they never came again indeed into one Monarchy, as they were under Don Rod●igo their last King that lost the whole, until the year of our Lord 158●. when Don Philippe King of Spain reunited again unto that Crown, the Kingdom of Portugal which was the last piece, that remained separated, and this was almost 900. years after Spain was first lost. But now to our purpose, the Chronicler of Spain, named Ambrosio Morales doth record in his Chronicle a certain Law, written in the Gotish-tongue, & left since the time of this Don Pelay● the first King, after the universal destruction of Spain, & the title of the Law is this Como see an delevantar Reyen Espùa, y como el ha de lurar los fueros, Ambros. Moral. l. 13. c. 2. that is to say, how men must make their King in Spain, and now he must swear to the privileges and liberties of that Nation: & then he putteth the Articles of the Law, whereof the first saith thus. before all things it is established for a law, liberty, and privilege of Spain, that the King is to be placed by voices and consent perpetually, and this to the intent that no evil King may enter without consent of the people seeing they are to give to him, that which with their blood and labours they have gained of the Moors Lucas Episcop. Tuyens. in histor. Hispan, Loudou, de molin. lib. de hered. Thus far goeth this first article, which is the more to be marked, for that divers and those most ancient Spanish Authors do say, that from this Don Pelayo, the succession of Kings descended ever by propinquity of blood, and yet we see that election was joined there withal in express terms. The second part of the law containeth the manner of ceremonies used in those old days at the admission of their Kings, which is expressed in these words, let the King be chosen and admitted in the Metropolitan City of this Kingdom, or at least wise in some Cathedral Church, and the night before he is exalted, let him watch all night in the Church, and the next day let him here mass, & let him offer at Mass a piece of Scarlet, and some of his own money, and after let him communicate, and when they come to lift him up let him step upon a buckler or target and let the chief and principal men there present hold the Target, & so lifting him up let them & the people cry three times, as hard as they can, Real, Real, Real. Then let the King command some of his own money, to be cast among the people, to the quantity of the hundr●d shillings, and to the end be may give all men to understand, that no man now is above him, let himself tie on his own Sword in the form of a cross, and let no Knight or other man, bear a Sword that day, but only the King. This was the old fashion of making Kings in Spain, which in effect and substance remaineth still, though the manner thereof be somewhat altered, for that the Spanish Kings be not Crowned, but have an other ceremony for their admission equal to coronation, which is performed by the Archbishop of Toled primate of all Spain, as the other Coronations before mentioned are by the Archbishop of Moguntia to the Emperor, and by the Archbishop of Guesna to the King of Polonia, and by the Archbishop Praga to the King of Bohemia, and by the Archbishop of Praga to the King of Portuga as was by the Archbishop of Canterbury to the King of England, and by the Archbishop Rheims to the King of France, of which Realm of France we may not omit to say somewhat in particular, seeing it is so goodly a Kingdom, and so near to England, not only in situation, but also in Laws manners and customs, and as the race of English Kings have come from them in divers manners, since the conquest, so may it be also supposed that the principal ceremonies and circumstances of this action of Coronation, hath been received in like manner from them. First then touching the act of Cornation, and admission of the King of France, even as before I have said of Spain, so also in this Kingdom do I find two manners of that action, the one more ancient which the French do say hath endured in substance from their first Christian King named Clodoveus, unto this day, which is nigh Twelve hundred years, for that Clodovius was Christened the year of our Lord, 490. in the City of Rheims by Remigius, Bishop of that City, and anointed also, and Crowned King by the same Bishop, which manner and order of anointing, and Coronation endured after for about six, hundred years, unto the time of Henry the first, and King Philip the first his son, both Kings of France. At what time (which is about 500 years a gone) both the Chroniclers, and Cosmographers of France do testify, that there was a peculiar book in the library of the Church of Bevais, containing the particular order of this action Belfor. l. 3. c. 20. Thevet. cosmograph. univers. l. 15. c. 2. Papir. masson. annal. l 3. pag 2. 15. which had endured from Clodo●eus unto that time. Which order, for so much as toucheth the solemnite of officers in the Coronation and other like circumstances, was far different at that time, from that which is now, for that in those days there were no Peers of France, appointed to assist the same Coronation, which now are the chief, and the greatest part of that Solemnity. Yea Girard du Hailan Secretary of France in his third book of the affairs, and state of that Kingdom saith, that the ceremonies of Crowning their old Kings were much after the fashion which I noted a little before, out of the law of Dan Pelay● first King of Spain, after the Moors, for that they were lifted up and carried about upon a Target by the chief subjects there present as the Spaniards were. But as touching the principal point of that action which is the substance of admitting the King unto his Royal authority, and oath by him made o● Governing well and justly, and of the reciprocal oath of obedience made to him again by his subjects, it was not much different from that which now is, as shall appear by the Coronation of the foresaid Philip the first, who was crowned in the life and presence of his Father, King Henry, after the fashion then used in the year of Christ, 1059. and it was in manner following as Nangis, and Tillet, both authors of great authority among the French, do recount it, and Francies Belforest, out of them both repeateth the same at large, in these words following. Francis Belfor. hist. Fran. lib. 3. c, 20. in vita Philip 1. King Henry the first of this name, seeing himself very old and feeble, made an Assembly of all the states of France in the City of Paris, in the year of Christ 1059. where bringing in his young son, and heir Phil●p that was but 9 years of age, before them all, he said as followeth. The speech of the Father. Hitherto my dear friends, and subjects, I have been the head of your Nobility and men at arms, but now by mine age and disposition of body, I do well-perceive, that ere it be long I must be separated from you● and therefore I desire you that if ever you have loved me, you show it now in giving your consent and approbation that this my son may be admitted for your King, and apparaled with the Royal ornaments of this Crown of France and that you will swear fealty unto him, and do him homage. Thus said the King, and then having asked every one of the assistance in particular for his consent apart and afterwards the whole assembly in general, whether they would swear obedience to him or no, and finding all to promise with a good will he passed over the feast of the ascension with great joy in Paris, and after went to Rheims with all the Court and Tryan, to celebrate the Coronation upon the feast of Whitsunday. Thus far are the words of William de Nangis alleged in the story of France by Balforest, and it is to be noted first how the King did request the nobility and people to admit his son, and secondly how ●e did ask there consents, a part, for that these two points do evedently confirm that▪ which I said at the beginning, that only succession is not sufficient, but that Coronation ever requireth a new consent, which also includeth a certain election or new approbation of the Subjects. This is proved also most manifestly by the very order of Coronation which ensueth in Belforest, taken word for word out of Tillet, in his Treatise of Records, in the Chapter of anointing the Kings of France in these words. In the year of grace 1059. and 32. of the Reign of King Henry the first of this name of France, and in the 4● year of the seat and Bishopric of Geruays, Archbishop of Rheims, and in the 23 day of May being Whitsunday, King Philip the first was anointed by the said Archbishop Geruays in the great Church of Rheims, before the Altar of our Lady, with the order and ceremony that ensueth. The Mass being begun, when it came to the reading of the Epistle, the said Lord Arch Bishop turning about to Philip the Prince, that was there present, declared unto him what was the Catholic Faith, and asked him whether he did believe it, and whether he would defend it against all persons whatsoever, who affirming that he would, his Oath was brought unto him; whereunto he must swear, which he took and read with a loud voice, and signed it with his own hand, and the words of the Oath were these. I● Phillippe parle grace de Lieu prochain d●estre ordounè Roy de France, promets au jour de mon sacrè devant Dieu & says sanctes, etc. That is in English, (for I will not repeat all the Oath in French, seeing it is somewhat long) The Oath of the King of France. I Philip by the grace of God, near to be ordained King of France, do promise in this day of my anointing, before Almighty God, and all his Saints, that I will conserve unto you that are Ecclesiastical Prelates, all canonical privileges, and all Law and justice due unto every one of y●u, and I will defend you by the help of God so much as shall lie in my power, and as every King ought to do, and as by right and equity he is bound to defend every Bishop and Church to him committed within his Realm; and furthermore I shall administer Justice unto all people given me in charge, and shall preserve unto them the defence of Laws and eqnity appertaining unto them, so far forth as shall lie in my authority, so God shall help me and his holy Evangelists. This oath was read by the King, holding his hands between the hands of the Archbishop of Rheims, and the Bishop of Zion and Bisanson, legates of the Pope standing by with a very great number of other Bishops of the realm, and the said Arcbishop taking the Cross of Rimigius in his hands, he showed first unto all the audience, the ancient authority which the Archbishops of Rheims had even from the time of Remigius that baptised there first Christian King Clodoveus, to anoint and Crown the Kings of France, which he said was confirmed unto them by privilege of the Pope Hotmisday that lived in the year of Christ 516. Belfor. l. 3. cap. 20. and after also by Pope Victor, and this being done, he then (by licence first asked of King Henry the Father there present) did choose Philip for King. Il esleut le dit Philippe son sils, en, & pour Roy de France, which is word for word, the Archbishop chose the said Philip King Henry's Son, in and for King of France; which the legates of the Pope presently confirmed, and all the Bishops, Abbots, and Clergy, with the Nobility and people in their order, did the like; crying out three times in these words. Nous le approvouns, nous le v●ulons, soit fait nostre Roy, that is, we approve his election, we will have him, let him be made our King, and presently was song, Te Deum laudamus in the quyar, and the rest of the Ceremonies of anointing and Coronation were done, according to the ancient order of this solemnity, used in the time of King Philip's predecessors Kings of France. Thus far do French stories recount the old and ancient manner of anointing and Crowning their Kings of France, which had endured as I have said, for almost 600. years, that is to say, from Clodoveus unto King Philip the first, who was crowned in France 7. years before our William Conqueror (who also was present at this Coronation, and had the third place among the temporal Princes as Duke of Normandy) entered into England; but after this time the manner and Ceremonies was somewhat altered, and made more majestical in outward show, and this especially by King Lewis surnamed the young, Nephew to the foresaid King Philip, who leaving the Substance of the action as it was before, caused divers external additions of honour, and Majesty, to be adjoined thereunto especially for the Coronation of his son Philip the second surnamed Augustus, whom he caused, also to be Crowned in his days, as his Grandfather Philip had been, and as himself had been also in his Father's days. This man among other Royal Ceremonies ordained the offices of the twelve Peers, of France, 6 Ecclesiastical, and 6. temporal, who are they which ever since have had the chiefest places and offices in this great action, for that the foresaid Archbishop of Rheims entitled also Duke of Rheims, hath the first and highest place of all others, and 〈…〉 King. The Bishop and Duke of Laon beareth the glisse of sacred 〈…〉 and Duke of Langres the Cross: The Bishop and Earl of 〈…〉, the Bishop and Earl of Noyon the King's girdle, and Last of all, the Bishop and 〈◊〉 of Chalons, doth carry the ring, and these are the 6 acclesiasticall Peites of France with their offices in the Coronation. The temporal Peers are the Duke of Burgundy, Deane of the order, who in this day of Coronation holdeth the Crown the Duke of Gasconi● and Guyene the first banner quartered, the Duke of Normandy, the Second banner quartered, the Earl of Tholofa the golden Spurs, the Earl of Champanie, the banner Royal or standard of War, and the Earl of Flanders the Sword Royal, so as there are 3 Dukes and 3. Earls one of both ranks of Spiritual and temporal Lords, and as Gidard noteth the King is appareled on this day 3 times, and in 3, several sorts, the first as a Priest, the second as a King, Warrior, the third as a Judge, Girard du haillan li. 3. de Pestat. page 240. 242. and 258. and finally he saith, that this solemnity of anointing and Crowning the King of France, is the most magnificent, gorgeous & Majestical thing that may be seen in the world, for which he referreth us not only to the particular Coronations of these two ancient King Philips, the first and second, but also to the Coronation of Henry the Second. But to say a word or two more of Philip Augustus before I pass any further which happened in the year 1179. and in the 25. of the reign of our King Henry the 2. of England, who as the French stories say was present also at this Coronation, and had his rank among the Peers as Duke of Normandy, and held the King's Crown in his hand, and one of his Sons had his rank also a Duke of Gasconie, and the form used in this Coronation was the very same which is used at this day in the admission of the Kings of France, in recounting whereof I will let pass all the particular Ceremonies which are largely to be read in Francis Belforest, in the place before mentioned, and I will repair only the King's Oath, which the said author recounteth in these words. The Archbishop of Rheims being vested in his pontifical attire, and come to the Altar to begin Mass (where the King also was upon a high seat placed) he turned to him and said these words in th● name of all the Clergy and Churches of France: Sir, that which we require at your hands this day, is that you promise unto us that you will keep all canonical privileges law and Justice, due to be kept and defended as a good King is bound to do in his Realm, and to every Bishop and Church to him Committed whereunto the King answered. I do promise and avow to every one of you and to every Church to you committed, that I will keep and maintain all canonical privileges law and Justice due to every man to the uttermost of my power, and by God's help shall defend you as a good King is bound to do; in his Realm. This being done the King did swear and make his Oath, laying his hands upon the Gospel in these words following. Au●nom de jesus Christ, ie Jure & promots awe peuple Christi●n a may suject eos thoses, etc. Which is in English: in the name of Jesus Christ I do swear and promise to all Christian people subject unto me these poiuts ensuing first to procure that all my subjects be kept in the union of the Church, and I will defend them from all excess, rapine extortion, and iniquity, Secondly I will take order that in all judgements justice shall be kept, with equity and mercy, to the end that God of his mercy may conserve unto me with my people his holy grace and mercy. 3. I shall endeavour as much as possibly shall lie in me, to choose and drive out all my Realm and all my Dominions, all such as the Church hath or shall declare for Heriticks as God shall help me and his holy Gospels. Thus sweareth the King, and then kisseth the Gospels, and immediately is sung. Te Deum laudamus, and after that are said many particular prayers by the Archbishop, and then is the King vested, and the ring, sceptre Crown and other Kingly Ornaments and Ensigns are brought and put upon him, with Declaration first what they signify, and then particular prayers are made to God, that their signification may be by the King fulfilled. And after all ended the Archbishop with the Bishops do bless him, and say these words unto him. God which reigneth in Heaven, and governeth all Kingdoms bless you, etc. Be you stable and constant, and hold your place and right, from henceforth which here is committed and laid upon you by the Authority of Almighty God, and by this present tradition and delivery which we the Bishops and other Servants of God do make unto you of the same, and remember you in place convenient, to bear so much more respect and reverence unto the Clergy, by how much nearer than other men you have seen them to approach to God's Altar, to the end that Jesus Christ Mediator of God and man, may confirm & maintain you by the Clergy and people, in this your Royal Seat and Throne; who being Lord of Lords, and King of Kings, make you reign with him and his Father, in the life and glory everlasting. Thus saith the Archbishop unto him, and after this he is led by him and the other Peers, unto the seat Royal, where the Crown is put upon his head, and many other large Ceremonies used, which may be read in the Author aforesaid, and are to long for this place. And yet have I been the larger in this matter of France; for that I do not think it to be improbable, which this Author and others do note, to wit, that most Nations round about have taken their particular forms of Anointing and Crowning their Kings, from this ancient Custom of France, though the substance thereof, I mean of their sacring and Anointing, be deduced from examples of far more antiquity, to wit, from the very first Kings among the people of Israel. 1. Reg. 10. & 16. 2. Reg. 2. whom God caused to be anointed by his Priests and Prophets, in token of his election, and as a singular privilege of honour and pre-eminence unto them whereof King David made so great account when he said to the Soldier that had kissed Saul his enemy in the war. 2. Reg. 1. quaere non to ●uisti mittere manum tuam in Christum Domini, Why didst thou not fear to lay thy hands upon the Anointed of God, and he put him to death for it notwithstanding Saul had been long before deposed, and rejected by God, and that himself had lawfully borne Arms against him for many days, so much was that ceremony of Anointing esteemed in those days and so hath it been ever since among Christian people also, for that Kings hereby are made sacred, and do not only participate with Priests, but also with Christ himself who hath his name of this circumstance of Anointing as all the world knoweth. Probable than I say it is, that albeit the substance of this ceremony of Anointing King be much elder than the Christian Kingdom of France: yet is this particular rule and majestical manner of doing the same by way of Coronation, the most ancient in France above all other Kingdoms round about, especially if it began with their first Christian King Clodovious not full 500 Years after Christ, as French Authors do hold. At what time also they recount a great miracle of holy Oil sent from Heaven by an Angel for Anointing Clodou●us, whereof they say they have still remaining for the Anointing of their Kings at Rheims, which point I will not stand to treat or discourse in this place, but rather will refer my reader to the foresaid Chapter of Francis Belforest Chronicler of France, Belfo. l. 3. Cap. 17. who allegeth divers writers of almost 500 year antiquity that write of the same, but howsoever that be, very propable it seemeth that all the ceremonies of Coronation in Germany and Polonia before receited (which had their beginning long after the reign of Clodoneus) might be taken from thence, & so the affinity & likeness of one to the other doth seem to agree, and Garibay also the Chronicler of Spain, and Navarra, in his 22. Book Estevan, Garribay. lib. 22. c. 1. talking of this custom of anointing and Crowning the Kings of Navarra, saith, that this excellent custom began there (I mean in Navara) about 800. years past and was brought in by certain Earls of Champain of France named Theobaldes who coming to attain that Crown brought with them that reverend ceremony of Anointing and Crowning their Kings, according to the use of the French, which custom endureth until this day in that part of Navarra that is, under the house of Vandome, albeit in the other that is under the Spaniards (which is fir the greater it was left of in the Year 1513. when Fardinande surnamed the Cathol que King of Spain entered thereupon, for the Spanish Kings are never Anointed nor Crowned but otherwise admitted by the Common wealth. But among all other Kingdoms it seemeth that England hath most particularly taken this custom, & Ceremony from France, not only for the reason before alleged that divers of our English Kings have come out of France, as William Corquerour borne in Normands, King Steven son to the Earl of Blois, and Bolen, a French man, and King Henry the Second born likewise in France, and son to the Earl of A●iou: but also for that in very deed the thing itself is all one in both Nations, and albeit I have not seen any particular Book of this action in England, as in French there is: yet it is easy to gather by stories What is used in England about this affair. For first of all, that the Archbishop of Ca●terbury did ordinarily do this ceremony in England, as the Archbishop of Rheims doth it in France, there is no doubt, and with the same solemnity and honour, according to the condition and state of our Country and Polidor Virgil in his story Polid. ib. 13 Hist Angile in vita Henrici. noteth that Pope Alexander did interdict and suspend the Archbishop of York with his two assistants the Bishops of London and Salisbury, for that in the absence of Thomas Becket Archbishop of Canterbury, and without his licence, they did Crown King Henry the seconds son, named also Henry, at his Father's persuasion, and divers do attribute the unfortunate success of the said King Henry the younger that rebelled against his Father, to this disorderly and violent coronation by his Father's appointment. Secondly, that the first thing which the said Archbishop requireth at the new King's hands at his Coronation, is about religion, Church matters and the Clergy (as in France we have seen) it appeareth evedently by these words which the same Archbishop Thomas (surnamed commonly the martyr) remaining in banishment wrote to the same King Henry the Second which are these. Memores sitis confessionis quam fecitis & posuistis super altare apud Westmonasteriam de servanda Ecclesiae liberiate, quando consecrati fuistis, & uncti in regem a pradecessore nostro Thebaldo. Invita D. Thom. Cantuar. apud surium in mense Decembris. Which is, do you call to your remembrance, the confession, which you made and laid upon the Altar at Westminster, for keeping and defending the liberty of the Church when you were consecrated and Anointed King by Thebaldus our predecessor. By which words appeareth, that as the King of England was consecrated and anointed in those days by the Archbishop of Canterbury, so did he swear and give up his Oath also in writing, and for more solemnity and obligation, laid it down or rather offered it up with his own hands upon the Altar, so much as was required of him by the said Archbishop and Clergy, for the special safety of Religion, and these Ecclesiastical liberties, which is the self same point that we have seen before, as well in the Oath of the Kings of France, as also of Polonia and Spain, and of the Emperors both Grecian and German. The very like admonition in effect I find made by another Thomas Archbishop of Canterbury, to another King Henry, to wit by Thomas A●undell to King Henry the fourth, when in a Parliament holden at Coventry, in the Year 1404. the King was tempted by certain temporal men, to take away the temporalities from the Clergy, whereunto when the said Archbishop Thomas had answered by divers reasons, at last turning to the King ●e besought him [saith Stow in vita Henrici 4. to remember the Oath which he voluntarily made, that he would honour and defend the Church and ministers thereof, Whereof 〈◊〉 desired him to permit and suffer the Church to enjoy the privileges and 〈…〉 of his prodecessours it did enjoy, and to fear that King which reigneth 〈…〉, & by whom all other Kings do reign, moreover he desired him to consider his promise also to all the realm, which was that he would preserve unto every man their wright and title, so far as in him lay. By which speech of the Archbishop the King was so far moved, as he would hear no more of that bill of the laiety but said that he would leave the Church in as good estate, or better than he found it, and so he did, but yet hereby we come to learn, what Oath the Kings of England do make at their Coronations touching the Church and Clergy. The other conditions also of good government, are partly touched in the speech of the Archbishop, Holinosh in his Cro. Page 476. and 1005. and much more expressly set down in the King of England's Oath, recorded by ancient writers, for that he sweareth as both Holinshead and others do testify, in their English stories, in these very words, to wit. That he will during his life, bear reverence and honour unto almighty God, and to his Catholic Church, and unto his Ministers, and that he will administer law and justice equal to all, and take away all unjust Laws. Which after he had sworn, laying his hands upon the Gospels: then doth the Archbishop [turning about to the people] declare what the King hath promised and sworn, and by the mouth of a herald at arms asketh their consents, whether they be content to submit themselves unto this man as unto their King or no, under the conditions proposed, whereunto when they have yielded themselves, then beginneth the Archbishop to put upon him the regal Ornaments, as the sword, the ring, the sceptre, & Crown, as before in the French Coronation you have heard, and namely he giveth him the Sceptre of Edward the Confessor, and then he adeth also the same words of Commission and exortation as the other doth, to wit, stand and hold thy place and keep thy Oath, and thereunto adjoineth a great communication or treat, on the behalf of Almighty God, if he should take upon him that dignity without firm purpose to observe the things which this day he hath sworn, and this is the sum of the English Coronation, which you may read also by piece meal in john Stow. Stow in vita Richardi 2 in fine, (according as other things in that his brief collection are set down) but especially you shall see it in the admissions as well of the said King Henry the 4 now last mentioned, as also of K. Edward the fourth, at their first entrances to the Crown, for in the admission of K. Henry, Stow sheweth, how the people were demanded thrice whether they were content to admit him for their King, and that the Archbishop of Canturbury (who was the same Thomas Arundel of whom we speak before) did read unto them what this new King was bound by Oath unto, and then he took the Ring, wherewith he was to wed him to the Commonwealth (which wedding importeth as you know an Oath and mutual obligation on both sides in every marriage) and the Earl of Northumberland high Constable of England, for that day, was willing to show the said Ring to the people, that they might thereby see the band whereby the King was bound unto them. And then it was put upon his finger, and the King kissed the Constable in sign of acceptance, fell on his knees also to prayer that he might observe his promise, and other like Ceremonies, saith Stow, were used, and this was done the 13 of Octob. 1359. and therefore upon good reason might this same Archbishop put him afterward in mind of this his Oath as before I have showed that he did. At the admission also of King Edward the fourth. 1 the people's consent was demanded very solemnly in john's field by London, the 29 of Febr. in the year 1460 notwithstanding that King Edward had proved his Title, by succession before in the Parliament holden at Westminster. And now this consent of the people being had, (or he being thus elected at Stows words are) he went the next day in procession at Paul's, and offered there, and after Te Deum being sung, he was with great royalty conveyed to Westminster, and their in the hall set in the King's seat, with Edward's sceptre in his hand, and then the people were asked again if they would have him King, and they cried yea, yea. And if any would take exception against these of King Henry and King Edward the 4 because they entered and began their Reigns upon the deprivation of other Kings then living, that are yet many living in England that have seen the several Coronations of King Edward the 6 Q. Marry, Q Elizabeth, K. james, K. Charles, and can witness that at all and every of their Coronations, the consent of the people and their acceptation of those Princes is not only demanded by the public cry of a Harold at arms, which standeth on both the sides of the high Scaffold, or stage whereon the Prince is Crowned, and the people's answer expected, till they cry yea, yea: but also that the said Princes gave there, their corporal oath upon the Evangelists unto the Bishop that Crowned them, to uphold and maintain faith aforenamed, with the Liberties and Privileges of the Church, as also to govern by justice and law as hath been said: which oaths no doubt have been sworn and taken most solemnly by all the Kings and Queens of England, from the days of King Edward the Confessor at the least, and ●e that will see more points of these oaths set down in particular let him read Magna Charta, and he will be satisfied. By all which, and by infinite more that might be said and alleged in this matter, and to this purpose, it is most evident, that this agreement, bargain, & contract between the King and his Commonwealth, at his first admission, is as certain and firm (notwithstanding any pretence or interest he hath or may have by succession) as any contract or marriage in the world can be, when it is solemnised by words de praesenti [as our law speaketh] between parties espoused before by words de futuro, which is an act that expresseth this other most lively, and consequently I must needs affirm it, to be most absurd base and impious, That only succession of blood, is the thing without further approbotion, which maketh a King, and that the people's consent to him, that is next by birth, is nothing at all needful, be he what he will, and that his admission, inunction, or Coronation is only a matter of external Ceremony, without any effect at all, for increase or confirmation of his right; these (I say) are unlearned, fond, and wicked assertions, in flattery of Princes, to the manifest ruin of Commonwealths and perverting of all Law, order and reason. The sixth Speech. COncerning the interest of Princes before their Coronation, most of them have not failed to find as shameless flatterers, as themselves were either vain or wicked Princes, and for my part I am of opinion, that the propositions of Belloy did rather hurt and hinder, then profit the Prince; for whom and in whose favour he writ them, is the King of Navara, whom hereby be would have admitted to the Crown of France, without all consent or admission of the Realm. But I for my part, as I doubt not greatly of his title by propinquity of blood, according to the law Salic; so on the other side, am I of opinion, that these propositions of Belloy in his behalf, that he should have entered by only title of birth, without condition consent or approbation of the Realm, as also without Oath, Anointing, or Coronation, yea of necessity, without restraint or obligation to fulfil any law, or to observe any privileges to Church, chapel, Clergy, or Nobility, or to be checked by the whole Realm, if he rule amiss: these things I say, are rather to torify, the people and set them more against his entrance, then to advance his title; and therefore in my poor judgement, it was neither wisely written by the one, not politicly permitted by the other. And to the end you may see what reason I have to give this censure, I shall here set down his own propositions, touching this matter as I find them in his own words. First then he avoucheth, that all families which enjoy Kingdoms on the world were placed therein by God only, and that he alone can change the same, which if he refer unto God's universal providence, quae attingit à fine usquae in finem fortiter, ●s the Scripture saith, and without which a sparrow falleth not to the ground, as our Saviour testifieth, Matt. 6. no man will deny but all is from God either by his Ordinance or permission; but if we talk (as we do) of the next and immediate causes of an Empyres, Princes, and of their changes; clear it is, that men also do and may concur therein, and that God hath left them lawful authority so to do, and to despose thereof, for the public benefit, as largely before hath been declared, and consequently to say that God only doth these things, and leaveth nothing to man's judgement therein, is against all reason, use and experience of the world. The second proposition of Belloy is, that where such Princes be once placed in Government, and the Law of succession by birth established; there the Prince's children or next of kin do necessarily succeed, by only birth without any new choice or approbation of the people, Nobility, or Clergy, or of the whole Commonwealth together. Apolog. Cathol. part. 1. parag. 7. And to this assertion he joineth an other as strange as this, which is, that a King never dyeth for that whensoever or howsoever he ceaseth by any means to Govern, then entereth the successor, by birth not as heir to the former, but as lawful governor of the Realm without any admission at all, having his authority only by the condition of his birth, and not by addoption or choice of any. Apolog. pro Rege. c. 6. & 34. Which two propositions albeit they have been sufficiently refuted, by that which hath been spoken in the last two chapters going before, yet shall I now again convince more amply the untruth thereof. Other two propositions he addeth, Apolog. Cathol. part. 2. parag. 7. & pro Rege c. 9 That a Prince once entered to Government and so placed as hath been said, is under no law or restraint at all of his authority, but that himself only is the quick and living law, and that no limitation can be given unto him by any power under heaven except it be by his own will and that no Nation or Commonwealth can appoint or prescribe how they will obey or how their Prince shall govern them, but must leave his authority free from all bands of law, and this either Willingly or by violence, is to be procured. By which words it seemeth that he painteth out a perfect pattern of a tyrannical Government, which how it did further the King of Navarre I do not know. His other proposition is, Apolog. pro Rege Cap. 20. That albeit the heir apparent which is next by birth to any Crown, should be never so impotent, or unfit to Govern, as if (for examples sake) he should be deprived of his senses, mad, furious, lunatic, a fool, or the like, or that he should be known on the other side to be most malicious, wicked, vicious or abominable, or should degenerate into a very beast, yea if it were known that he should go about to destroy the Common Wealth, and drown the ship which he had to guide, yet (saith this man) he must be sacred and holy unto us, and admitted without contradiction to his inheritance, which God and nature hath laid upon him, and his direction rèstraint or punishment must only be remited to God alone; for that no man or Commonwealth, may reform or restrain him. Which I doubt not will seem unto you rather belly and base doctrine, then to come from the head of any learned or discreet man, that regardeth the end why Commonwealths, and Kingdoms, and all Governments were ordained by God and nature, and not the flattering or adoring of any one miserable man that shall stand over them to destroy the whole. But now to the particular matter that we are to treat, which is, what is to be attributed to this succession or propinquity of birth alone, I am of opinion, that albeit their want not reasons on both sides among learned men, what kind of providing Governors to Commonwealths is best, either by simple and free election only or by succession of birth: my opinion (I say) is, that succession is much to be preferred, not for that it wanteth all difficulties and inconveniences (which all temporal things upon earth have) but like as before I have showed of the particular Government of a Monarchy in respect of other forms of regiment to wit, that is wanted not all, but had fewer inconveniences than their forms of Regiment have so say I also of this, that albeit some inconveniences want not in succession yet are they commonly far less and fewer, than would follow by mere election which are subject to great and continual dangers of ambition, emulation, division, sedition, and contention, which do bring with them evident peril of universal destruction and disolation of the whole body, and this at every change of the prince, which change on the other side, is much assured by succ●ssion, for that great occasions of strife and contention are there by cut of. 2. And besides this, the Prince who is in present possession knowing that his son or next of kin, is to be his heir, hath more care to leave the realm in good order, as we see that the husbandman hath to till and manure that ground, which is his own, and to remain to his posterity. 3. A third commodity also there is, for that less mutations and alterations are seen in the Commonwealth, where succession prevaileth, for that the son following his father, doth commonly retain the same friends, councillors, officers, and servants, which his father had before him: pursueth the same actions and intentions, with the same manner of proceeding for the most part; whereas he that entereth by election, being an alien to him that went before him, and never lightly his friend, doth change alter and turn upsidowne all things. 4. Furthermore (which may be also a fourth reason) he that entereth by succession, for that he is either borne a Prince, or hath been much respected still for his title to the Crown, bringeth with him less passions of hatred, emulation, anger, envy, or revenge against particular men (for that no man durst offend him) then doth he which entereth by only election, for that he having been a subject & equal to others before his advancement, and thereby holding contention with many, especially at this election, must needs have matter of quarrel with many, which he will seek easily to revenge when he is in authority, as one the other side also such as were his equals before will bear him less respect and more unwillingly be under him, then by birth he had been there Sovereign. 5. These and divers other are the comodities of succession, whereunto we may also add the pre-eminence and privilege of primogenitura, and ancestry of birth so much respected and commended by holy writ, not only in men, but in all other creatures also, whose first borne were dedicated to God himself, and one notable example among other occurreth to my mind of the two sons of Isaac, of the which two albeit God hath ordained to choose the younger before he was borne, as S. Paul testifieth, and to reject the elder, that is to say, that jacob should inherit the benediction & not Esau: Yet would God have his younger to procure the said privilege of eldership from Esau by divers means as first by bargain, and after by guile according to the story we read in Genes. 15 and 49. Deut. 21. and 15. 2 Paralip. 21 and 3 Exod. 3. and 2. Rom. 9 and 13: Genes. 28 and 27. Out of which story two points may be pondered much to our purpose, first that primogenitura or eldership of birth (as I have said) was greatly respected by God, and according to that, all the descents and successions of Kings were commonly among that people, for that ordinarily the elder 〈◊〉 ever succeeded his Father in the Crown of Iury. And the secon● p●int 〈…〉 God would show even in this beginning, that yet this privilege was not so 〈◊〉, but that upon just causes it might be broken, as it was by this his choice of jacob the younger and rejecting Esau the Elder, and many times after in matter of government the same was practised by God himself, as when judah the fourth tribe and not Reuben the 1 and Eldest was appointed by God enjoy the sceptre and Crown of the jews, as also when King David died not in his first second or third son, but his tenth in order, to wit, Solomon who was also the fourth that he had by Bersabe, was appointed for his successor, Genes. 29 and, 9 Exod, 1. 2. Reg. 5. 1. Paral. 3. So that in very deed we have here both our two cases that were propounded in the beginning, over ruled and determined by authority and example of holy writ itself, namely; and 1 of all, that priority and propinquity of blood in succession, is greatly to be honoured regarded and preferred in all affairs of digni●ie and principality, (which is the second point) are we not so absolutely and peremptorily bound thereunto always, but that upon just and urgent occasions that Course may be altered and broken. Which licence or liberty is indeed, the only (or at least wise) the most principal remedy for such inconveniences as before I showed to be far less and fewer than are wont to follow of bare election alone yet did I confess also, that some did or might fall out, as namely, that the person who by sucession of blood is next, may be unable or un●it, or pernicious to govern, in which cases the remedy is (as before hath been declared) hitherto help and assist him by law directions and wise counsels, if he be capable thereunto or else to remove him and take in another of the same blood royal (though further of in degree or propinquity) in his place. And this is and hath been the Custom & practice of all Kingdoms and Commonwealths from the beginning, since succession hath been established among them, and by this means we come to remedy the difficulties and inconveniences of both kinds of making our Kings & Princes, which are election, and succession; for by succession we do remedy the inconveniences and dangers before mentioned of bare election, to wit, of strife, banding, ambition, & the like, and by this other mean of adding also election, consent, and approbation of the Realm to succession; we remedy the inconveniences of bare succession alone, which inconveniences are principally, that some unapt impotent or evil Prince may be offered some times to enter by, periority of blood; whereof the Realm may deliver itself, by this other means of not admitting him, so as election by succession, and succession again by election is salved, and the one made a preservative and treacle to the other, and this is the wisdom and high policy left by God and nature, to every Commonwealth, for their own conservation and maintenance, and every man that is of reason and judgement, and void of passion will not only allow, but also highly commend the same. Now then to answer in particular to the two questions. 1 what is to be attributed to succession alone, and secondly what interest a Prince hath thereby to any Crown, before he be Crowned or admitted by the common wealth. To the first I say, that to succession alone, or priority of blood only, great honour▪ reverence, and ●espect ought to be borne, ●s before hath been declared, for that it is the principal circumstance and condition which leadeth us to the next succession of the Crown infallibly, and without a strife: if his propinquity be clear and evident, and that other necessary circumstances and conditions do concur also in the same person; which conditions were appointed and set down at the same time, and by the same authority that this law of succession was established, for that both the one and the other of these 2. points, were ordained by the Commonwealth, to wit, that the elder and first in blood, should succeed, and that he should be such a person as can and will govern to the public weal of al. To the second question I answer, that an heir apparent to a Crown before his Coronation and admission by the Realm, if he have the conditions before required, hath the same interest to the Kingdom, which the King of Romans, or Cesar hath to the german empire after his election and before he be crowned or to use a more familiar example to Englishmen, as the Mayor of London hath to the majoralty, after he is chosen, and before he be admitted, or have taken his Oath. For as this man in rigour is not truly Mayor, nor hath not his jurisdiction before his Oath and admission, nor the other is properly Emperor before he be crowned: so is not an heir apparent, truly King though his Predecessor be dead, and he next in succession, until he be crowned or admitted to the Commonwealth. Another example is there in Marriage also, whereby our matter is made more plain; for in this contract go both the betrothing and actual joining together of the parties in wedlock, the first is done by words de futuro, or for the time to come, and is not properly Marriage, but espousal only, the other is by words depresenti, that is, by mutual present consent given of both parties, and this second is only and properly true Marriage, which two points are expressly represented in the state of an Heir apparent, and of a Crowned King; for that the Heir apparent by propinquity of blood, is only espoused or betrothed to the Commonwealth, for the time to come, and is married afterwards by present mutual consent of both parties, in the contract and knitting up of the matter, as his Coronation, by the Oaths which either part maketh the one to take the other, and by putting on the ring and other, wedding garments before mentioned in their Coronations, by all which the heir apparent, (which before was but espouse) is made now the true King and husband of the Commonwealth, which before he was not, by only succession; but only a betrothed spouse or designed King. Wherefore it followeth also, that the Commonwealth oweth no allegiance or subjection unto the heir apparent in rigour of Justice, until he be crowned or admitted, though his Predecessor be dead, for that in very deed until that time, he is not their true King and Sovereign, though for better keeping of order and avoiding of Tumul●●, all Commonwealths lightly that have their Princes by succession, have ordained in these latter ages, that from the death of the former Princes, all ma●ters of government shall pass in the name of his next successor (if his succession be clear) and this (as I say) for avoiding of garboils, and under supposal of confirmation and approbation afterward of the Commonwealth, at his Coronation; for which cause also, and for better account of years, it was ordained that the beginning of the successors reign, should be reckoned from the day of the death of his Predecessor, and not from the day of his Coronation, as otherwise in rigour it ought to be, and as in old time it was accustomed to be as Girard Secretary and Chronicler of France, doth wisely note, in his third book of the estate and affairs of France, Girard die Haillan l. 3. del. estate pag. 241. to wit, that Kings in old time were wont to account the years of their reigns from the day only of their anointing and Coronation. This point also that heirs apparent are not true Kings until their Coronation: how just soever their title of succession otherwise be, and though their Predecessors be dead; it might be confirmed by many other Arguments, but especially and above all others; for that the Realm is asked again three times at their Coronation, whether they will have such a man to be King, or no, as before hath been showed, which thing were in vain to ask if he were truly King, as Belloy saith, before his Coronation. Again we see in all the forms and different manners of Coronations, that after the Prince hath sworn divers times to govern well and justly, then do the subjects take other Oaths of obedience and allegiance, and not before, which argueth that before they were not bound unto him by allegiance, and as for the Princes of England, it is expressly noted by English Historiographers in their Coronations. how that no aliegeance is due unto them before they be Crowned, and that only it happened to Henry the fifth, among all other Kings, his Predecessor to have this privilege, and this for his exceeding towardliness, and for the great affection of the people towards him, that he had homage done unto him, before his Coronation, and Oath taken. Whereof Polidor writeth in these words: Princeps Heuricus facto patris funere, concilium principum apud Westomansterium convocandum eurat, in quo dum de rege creando more maiorum agitabatur, esse tibi, conti●uo ●aliquot Principes ultro in ejus verba mirare coeperunt, quod benevolentiae officium nulli antea priusquam Rex renunciatus esset, praestitum constat, adeo Henricus ab ineunte aetate sp●m omnibus optimae indolis fecit. Polyd●r. virg. lib. 22. histor. Angliae in vita Henrici 5. Which in English, is this Prince Henry, after he had finished his father's funerals, caused a Parliament to be gathered at Westminster, where whilst consultation was had, according to the ancient custom of England, about creating a new King; behold certain of the Nobility of their own free wills, began to swear obedience and loyalty unto him; which demonstration of love and good will, is well known that it was never showed to any Prince before, until he was declared King: So great was the hope that men had of the towardliness of this P. Henry, even from his tender age, and the very same thing expresseth john Stow also in his Chronicle in these words. To this noble Prince by assent of the Parliament, all the States of the Realm after 3 days, offered to do fealty before he was Crowned, or had solemnised his Oath well and justly to Govern the Commonwealth, which offer before was never found to be made to any Prince of England, Stow in the beginning of the life of K. Henry 5. In whose narration as also in that of Polidor it may be noted: that K. Henry the 5. was not called King until after his Coronation, but only Prince, though his father King Henry the 4. had been dead now almost a month before. And secondly that the Parliament consulted the Rege creando more majorum (as Polidor his words are) that is making of a new King according to the ancient custom of their ancestors, which argueth that he was not yet King, though his father were dead, nor that the manner of our old English ancestors, was to account him so before his admission. Thirdly, that this demonstration of good will of the Nobility to acknowledge him for King before his Coronation, and Oath selemuized well and justly to Govern the Realm, was very extraordinary and of mere good will. And last of all, that this was never done to any Prince before K. Henry the 5, all which points do demonstrate, that it is the Coronation and admission, that maketh a perfect and true King; whatsoever the title by succession be otherwise, And that except the admission of the Commonwealth be joined to succession, it is not sufficient to make a lawful King, and of the two, the second is of far more importance, to wit the consent and admission of the Realm, than nearness of blood by succession alone. This I might prove by many exampl●s in England itself, where admission hath prevailed against right of succession, as in Wil Rufus that succeeded the Conqueror, and in K. Henry the 1. his brother, in K. Stephen, K. John and others, who by only admission of the Realm were Kings, against the order of succession, and very specially it may be seen, in the two examples before mentioned of the admission of the two Kings Henry and Edward, both surnamed the 4. whose entrances to the Crown, if a man do well consider. he shall find that both of them, founded the best part and most surest of their titles, upon the election consent, and good will of the people. As in their last words to their friends in Sr. Tho. Moor and Stow. Yea both of them at their dying days having some remorse of conscience, (as it seemed) for they had caused so many men to die for maintenance of their several Rights and titles, ●ad no better way to appease their own minds; but by thinking that they were placed in that room by the voice of the Realm, and consequently might lawfully defend the same, and punish such as went about to deprive him. You shall find, if you look into the doings of Princes in all ages, that such Kings as were most politic, and had any lest doubt or suspicion of troubles about the title, after their deaths, have caused their sons to be Crowned in their own days, trusting more to this, then to their title by succession, though they were never so lawfully and lineally descended. And of this I could allege you many examples out of divers Countries but especially in France, since the last line of Capetus came unto that Crown; for this did Hugh Capetus himself procure to be done, to Robert his Eldest son, in his own days, and the like did King Robert procure for his younger son Henry the 1. as Girard holdeth, and excluded his elder only by Crowning Henry in his own days: Henry also did entreat the States of France, to admit and Crown Philip the 1. his eldest son, whilst himself reigned, An. 1131. and this man's son Lewis Le Cros, did the same also unto two sons of his: first to Philip, and after his death to Lewis the younger, both which were Crowned in their father's life time and this Lewis again the younger which is the seaventh of that name; for more assuring of his son named Philip the second entreated the Realm to admit and Crown him also in his own days, with that great solemnity which in the former chapter hath been declared. And for this very same cause of security, it is not to be doubted, but that always the Prince of Spain is sworn and admitted by the Realm●, during his Father's reign. The same consideration also moved King David, 2 Reg. 1. to Crown his son Solomon in his own days. Our King Henry also the 2 of England, considering the alteration of that the Realm had made in admitting K. Stephen, Polyd. & Stow. in vita Henrici 11. before him against the order of lineal succession by propinquity of blood: and fearing that the like might happen also, after him, caused his eldest son named, likewise Henry, to be Crowned in his life time, so as England had two K. Henry's living at one time with equal authority, and this was done in the 16. year of his Reign, and in the year of our Lord 1170 but his device had no good success; for that K. Henry the younger made war soon after upon K. Henry the elder, and had both the Kings of France and Scotland and many Nobles of England and Normandy, to take his part; for which cause it is thought that this thing hath never been put in practice again since that time in England, but yet hereby it is evident, what the opinion of the world was in those days of the force of Coronation, and admission of the Commonwealth, and how little propinquity of blood prevaileth without that. The Seaventh Speech. I Should begin with the Grecian Kings, it were infinite that might be alleged, and perhaps some man would say, they were over old, and far fetched examples, and cannot be precedents to us in these ages, and if I lay before you the examples of Roman Kings and Emperors put in and out, against the Law aed Rights of succession; the same men perhaps will answer, that it was by force, and injury of mutinons' soldiers, whereunto that Commonwealth was greatly subject. And if I should bring forth any precedents and examples of holy Scriptures, some other might chance to reply, that this was by particular privilege, wherein God Almighty would deal and dispose of things against the ordinary course of man's law, as best liked himself, whose will is more than Law, and whose actions are right itself, for that he is Lord of all, and to be limited by no rule, or law of man, but yet that this is not properly the Act of a Commonwealth. Thus (I say) it may be, that some man would reply, and therefore having store enough of plain and evident matter, which hath no exception; for that it hath happened in settled Commonwealths, and those near home, where the law of succession is received and established, to wit, in Spain, France, and England, I shall retire myself to them alone: but yet putting you in mind before I pass any further, that it is a matter much to be marked how God dealt in this point with the people of Israel, at the beginning, 1. Règ. 8. after he had granted to them, that they should have the same government of Kings, that other Nations round about them had, whose Kings did ordinarily reign by succession, as ours do at this day, and as all the Kings of the Jews did afterwards, and yet this notwithstanding, God at the beginning, at the very entrance of their first Kings, would show plainly that this Law of succeeding of the one the other, by birth and propinquity of blood, though for the most part, it should prevail) yet that it was not so precisely necessary, but that upon just causes it might be altered. For proof whereof, we are to consider, that albeit he made Saul a true and lawful King over the jews, and consequent also gave him all Kingly privileges benefits and prerogatives belonging to that degree and state, whereof one principal (as you know) is to have his Children succeed after him in the Crown: yet after his death God suffered not any one of his generation to succeed him, though he left behind him many Children and among others Isboseth a Prince of 40. Years of age 2. Reg. 1. and 21. whom Abner the general captain of that nation, with eleven tribes followed for a time, as their lawful Lord and master by succession, until God cheked them for it, and induced them to reject him though heir apparent by descent, and to cleave to David newly elected King, who was a stranger by Birth, and no King at all to the King deceased. And if you say here that this was for the sin of Saul. whom God had rejected I do confess it, but yet this is nothing against our purpose, for that we pretend not that a Prince that is next in blood can justly be put back, except it be for his own defects, or those of his ancestors. And more over I would have you consider, that by this it is evident that the fault of the father may prejudicated the son's right to the Crown, albeit the son hath no part in the fault, as we may see in this example not only of Ishboseth that was punished and deprived for the offence of Saul his Father (notwithstanding he had been proclaimed King as hath been said) but also of jonathus Saules other son, who so good a man, and so much praised in holy Scripture, and yet he being slain in War, and leaving a son named Mephiboseth he was put back also, 2. Reg. 5. though by nearness of blood he had great interest in the succession and much before David. But David being placed in the Crown by election, free consent, and admission of the people of Israel, as the Scripture plainly testifieth (though by motion and direction of God himself.) we must confess, 2. Reg. 2, and 5. and no man I think will deny, but that he had given unto him therewith, all Kingly privileges prehemiences and regali●ies, even in the highest degree, as was conveniene to such a state, and among other, the Scripture expressly nameth, that in particular it was assured him by God, that his seed should reign after him: yea and that for eve●, Psal. 131. 2. Paral. 6. but yet we do not find this to be performed to any of his elder sons as by order of succession it should seem to appertain) no nor to any of their of spring or descents, but only to Solomon, which was his younger and tenth son, and the fourth only by Barsabe. True it is, that the Scripture recounteth how Adonias David's elder son, that was of rare beauty & a very goodly young Prince, seeing his Father now very old and impotent, and to lie on his death bed, and himself heir apparent by antiquity of blood, after the death of Absalon, his elder brother that was slain before, he had determined to have proclaimed himself heir apparent in jerusalem before his Father died, 1. Reg. 1. and for that purpose had ordained a great assembly and banquet, had called unto it both the high priest Abiather, and divers of the Clergy as also the general Captain of all the army of Israel named joah, with other of the Nobility and with them all the rest of his brethren, that were sons to King David, saving only Solomon, together with many other Princes and great men, both spiritual and temporal of that estate, and had prepared for them a great feast, meaning that very day to proclaim himself heir apparent to the Crown, and to be Crowned, as indeed by succession of blood it appertained unto him: and this he attempted so much the rather, by council of his friends, for that he saw the King his Father very old and impotent, and ready to die, and had taken no order at all for his successor, and moreover Adonias had understood, how that Bersabe Solomon's Mother had some hope to have her son Reign after David, upon a certain promise that David in his youth had made unto her thereof, as also she had in the special favour and friendship which Nathan the Prophet, and Sadock the Priest [who could do much with the old King David] did bear unto her son Solomon, above all the rest of his brethren. Hereupon (I say) these two that is to say, Queen Bersabee, and Nathan the Prophet, coming together to the old man, as he lay one his bed, and putting him in mind of his promise, and oath made to Bersabee for the preferment of her Son, and showing besides how that Adonias without his order and consent, had gathered an Assembly to make himself King, even that very day (which did put the old King in very great fear, and anger) and further also telling him (which pleased him well) quod oculi totius Israel in eum ●espicerent, ut indicaret eyes, quis sederet in solio suo post ipsum: 3. Reg. 1. that is, that the eyes of all Israel were upon him to see whom he would commend unto them, to sit in his seat after him, which was as much to say, as that the whole commonwealth referred it to his choice, which of his Sons should reign after him. Upon these reasons and persuasions (I say) the good old King was content that they should take Solomon out of hand, and put him upon the Kings own mule, and carry him about the streets of jerusalem, accompanied with his guard and court, and crying with sound of Trumpets Vivat Rex Solomon; 3. Reg 1. and that Sadock the Priest should anoint him, and after that he should be brought back, and placed in the royal Throne in the palace, and so indeed he was, at what time King David himself being not able through impotency, to rise out of his bed, did him honour and reverence from the place where he lay; for so saith the Scriptures Adoravit Rex in lectulo suo, king David adored his Son Solomon thus Crowned, even from his bed, all which no doubt though it may seem to have been wrought by humane means and policy, yet must we confess that it was principally by the special instinct of God himself, as by the sequel and success we see, so that hereby also we are taught, that these and like determinations of the people Magistrates, and common wealths, about admitting or refusing of Princes to Reign or not to Reign ever them, when their designments are to good and's, and for just respects and causes are allowed also by God, and oftentimes are his own special drifts and dispositions, though they seem to come from man. Whereof no one thing can give a more evident proof, then that which ensued afterward to Prince Roboam, the Lawful Son, and heir of this King Solomon, who after his Father's death coming to Sichem where all the People of Israel were gathered together, for his Coronation, and Admission, according to his right by succession, 3. Reg. 12. For until that time we see he was not accounted true King, though his Father was dead, and this is to be noted, the people began to purpose unto him certain conditions, for taking away of some hard and heavy impositions, laid upon them by Solomon his Father, (an evident precedent of the oath and conditions that Princes do swear unto in these days at their Coronation) whereunto when Roboam refused to yield ten Tribes of the twelve refused to admit him for their King, 3. Reg 11. but chose rather one jeroboam Robohams servant, that was a mere stranger and but of poor parentage, and made him there lawful King and God allowed thereof as the Scripture in express words doth testify: and when Roboam that took himself to be openly Injured hereby, would by arms have pursued his Title, and had gathered together an Army of a hundred and fourscore thousand chosen soldiers (as the scripture saith) 5 Rig. 12. and 21. to punish these rebels as he call them, and to reduce these 10. tribes to their due obedience of their natural Prince: God appeared unto one Semejah a holy man, and bade him go to the camp of Roboam, and tell them plainly that he would not have them to fight against their Brethren. that had chosen another King, but that every man should go home to his house, and live quietly under the King, which each party had, and so they did, and this was the end of that tumult which God for the sins of Solomon had permitted and allowed of. And thus much by the way I thought good to touch on't of holy Scripture, concerning the jewish, Commonwealth, even at the beginning; for that it may give light to all the rest which after I am to treat of; for if God permitted and allowed this in his own Common wealth, that was to he the example and pattern of all others, that should ensue: no doubt but that he approveth also the same in other Realms when just occasions are offered, either for his service, the good of the people and Realm, or else for punishment of the sins and wickedness of some Princes, that the ordinary line of succession be altered. Now then to pass on further, and to begin with the Kingdoms of Spain, supposing ever this ground of God's Ordinance, first I say, that Spain hath had 3. or 4. races or descents of Kings, as France also and England have had, and the first race was from the Goths, which began their reign in Spain after the expulsion of the Romans, about the year of Christ 416. Ambros. Moral. lib. 11. c. 12 to whom the Spaniard referreth all his old Nobility as the Frenchman doth to the Germane Franckes, and the English to the Saxons, which entered France and England in the very same age, that the other did Spain, and the race of Gothish Kings endured by the space of 300. years, until Spain was lost unto the Moors. The second race is from Don Pelayo that was chosen first King of Asturias, and of the Mountain Country of Spain, after the destruction thereof by the Moors, about the year of Christ 717. Ambros. Moral. lib. 13. c. 2. which race continued and increased, and added kingdom unto Kingdom for the space of other 300 years, until the year of Christ 1034. Moral. lib. 13 c. 42, 43, 44. when Don Sancho Mayor, King of Navarra got unto his power, the Earldom also of Arragon and Castiliae, and made them Kingdoms, and divided them among his Children, and to his second son, named Don Fernando, surnamed afterward the great, he gave not only the said Earldom of Castilia with title of Kingdom, but by marriage also of the sister of Don Dermudo King of Leon, and Aust●rias, he joined all those Kingdoms together, that day forward the 3 race of the Kings of Navair to reign in castle and so endured for 500 years, until the year of Christ 1540 when the house of Austira entered to reign there, by marriage of the daughter & heir Don Ferdinando surnamed the Catholic; and this was the 4 race of Spanish Kings after the Romans, which endureth until this day. And though in all these four race● and ●anks of Royal descents, divers examples might be alleged for manifest proof of my purpose: ye● will not deal with their race, for that it is evident by the Council of Tolido, (which were holden in that very time) that in those days express election, was joined with succession as by the deposition of K. Suintila, and putting back of all his children: as also by the election and approbation of K. Sifinando that was further of by succession, hath been insinuated before, and in the 5 Council of that age of Toledo, it is decreed expressly in these words, Si quis talia meditatus fuorit (talking of pretending to be King, quem nec electio omnium perficet, nec Gothicae gentis nobilitas ad hunc honoris apicom trahit, si consortio Catholicorum privatus, & divino anathemat condemuatus. Concil. Tol. 5. c. 3. If any man shall imagine (said these Fathers (or go about to aspire to the Kingdom, whom the election and choice of all the Realm, doth not make perfect, nor the Nobility of the Goatish Nation, doth draw to the height of this dignity: let him be deprived of all Catholic society, and damned by the c●rse of Almighty God, by which words is insinuated, that not only the Nobility, but of Goatish blood, or nearnes by succession was required for the making of their King, but much more the choice or admission of all the Realm, wherein thi● Council putteth the perfection of his title. Don Pelayo died in the year of our Lord 737. and left a Son named Don Favila, who was King after his Father, and reigned 2. years only. After whose death, none of his Children were admitted for King, though he left divers, as all writers do testify. But as Don Lucas the Bishop of Tuy a very ancient Author writeth, Aldefonsus Catholicus ab universo populo Gothorum eligitur, that is (as the Chronicler Moralis doth translate in Spanish) Don Alonso surnamed the Catholic, was chosen to be King by all voices of the Goatish Nation. This Don Alonso was Son in law to the former K. Favila, as Morales saith, for that he had his Daughter Erm●nesenda in Marriage, and he was preferred before the Kings own sons, only for that they were young and unable to govern, as the said Historiographer testifieth. And how well this fell out for the Commonwealth, and how excellent a King this Don Alonso proved, Morales showeth at large, from the 10. Chapter of his 13. Book until the 17. and Sesastianus Bishop of Salamanca, that lived in the same time, writeth of his valiant acts he was surnamed the great▪ S●●ast. Episc. Saelam in hist. Hisp. To this famous Don Alonso, succeeded his son Don Frucla the first of that name, who was noble King for 10 years' space, and had divers excellent victories against the Moors; but afterwards declining to tyranny: he became hateful to the subjects, and for that he put to death wrongfully his own brother Don Vimerano Prince of excellent parts and rarely beloved of the Spaniards, he was himself put down, and put to death by them in the year of Christ 768. And albeit this King left 2. godly Children behind him, which were lawfully begotten upon his Queen Dona Munia, the one of them a son called Don Alonso, and the other a daughter called Dona Ximea: yet for the hatred conceived against their Father, neither of them was admitted by the Realm to succeed him; but rather his ch●sen german, named Don Aurelio brother's son to Don Alonso the Catholic, was preferred and reigned peacably 6 years, and then dying without issue; for this the hatred ●f the Spaniards wa● not yet ended against the memory of K. Eruela: they would not yet admit any of his Generation; but ra●her excluded th●m again the 2 time, and admitted a brother in law of his, named Don Silo that was married to her sister Dona Adosinda daughter to the foresaid noble K. Catholic Alonso. So that here we seerwice the right heirs of K. Don Fruela for his evil government were put back But Don Silo being dead without issue, as also Don Aurelio was before him, and the Spaniards anger against K. ●ruca being now well aslwaged; they admitted to the Kingdom his foresaid son Don Alonso the younger surnamed afterwards the chaste, whom now twice before put back as you have seen; but now they admitted him, though his reign at the first endured very little; for that a bastard uncle of his, named Don Mauregate by help of the Moors put him out, & reigned by force 6. years, & in the ending without issue, the matter came in deliberation again, whether the K. Don Alonso the chaste that yet lived, & had been hidden in monastary of Galitia, during the time of he: yrant should return again to govern, or rather that his cose●n Germane Don vermudo, son to his uncle the Prince, should be elected in his place. And the Realm of Spay●ed etermined the 2. that Don Vermulo though he were much further of. by propinquity of blood, & within 〈…〉 also should be admitted. True it is, that after three yeared reign, this 〈…〉 King V●rmudo being weary of kingly life, & feeling some scruple of conscience, that being Deacon, he had forsaken the life Ecclesiastical, & married (though by dispensation of the Pope, as Morales saith) & entangled himself with the affairs of a kingdom Moric. 28 & 29. an. 791. he resigned willingly the government unto his said cousin Don Alonso the chaste, & himself lived after a private life for divers years; but this Don Alonso who now the 4. time had been deprived of his succession, as you have seen, deceived the expectation of the Spaniards that accounted him a Monk, for he proved the most valiant & excellent King that ever that Nation had both for his virtue, valour, victories against the Moors, building of Towns castles, churches Monasteries, & other such works of christianity, as Morales recounteth & he reigned after this his last admission 51 years, & had great friendship with K. Charles the great of France, who lived in the same time with him. And this man among other most noble exploits so tamed the Moors of his country, as during his days he never paid that cruel● & horrible tribute, which before and after was paid by the christians to the Moors. Mor. l. 13 c. 45. an. 842. which was 100 young Maidens, & 50 Sons of Gentlem●n every year to be brought up in the Religion of Mahomet, among those infidel tyrants. And finally, this man after so much affliction came to be one of the most renowned Princes of the World. After this Don Alonso who left no children, for that he would never marry, who lived all his life in chastity there succeeded to him by election his nephew named Don ●anurs, son to the former said K. Don Vermudo the Deacon, that gave this man the crown, of whose election Morales writeth these words. Muerto el Rey Don Alonso el casto fue eligido por los perlados grandes del reyno, l Rey Don Ramiro primero deste nombre, hyo del Rey Don vermudo el diacono, Mor. c. 11. That is the K. Don Alonso the chaste being dead, there was chosen K. by the Prelates & Nobility of the Realm Don Ramiro the first of this name, Son of K Vermudo the Deacon who resigned his crown to Don Alonso and it is to be noted, th●t albeit this Don Ram●ro was next in blood to the succession, after the death of his uncle Don Alonso without children, yet was he chosen by the States as here it is said in express words. Moreover it is to be noted▪ that albeit this Author Ambrosio Morales & other Spanish Writers do say, that in the time of this K Ramiro, the law of succession by propinquity in blond was so revived, & strongly confirmed that as the kingdom of Spain was made as Majorasgo as he termeth it, which is, an inheritance so entailed and tied only to the next blood as there is no possibility ●o alter the same, and that from this time forward the King always caused his eldest Son to be named King or Prince & so ever to be sworn by the Realm and Nobility, yet shall we find this Ordinance and succession oftentimes to have been broken upon several considerations, as this Author himself in that very chapter confesseth. As for example, after four descents from this man, which were Don Ordonio the 1. this man's Son, and Don Alonso the 3. Don Garzia and Don Ordonio the second, all four Kings by orderly succession, it happened that in the year of Christ 924. Don Ordonio the second dying, left four Sons and one daughter lawfully begotten, and yet the State of Spain displaced them all, and gave the kingdom to their Uncle Don Fruela second brother to their Father Don Ordonio, and Morales saith, Mor. l. 16. cap. 1. an. 924. ●hat there appeareth no other reason hereof, but only for that these Sons of the King deceased were young, and not so apt to govern well the Realm as their uncle was. But after a years Reign▪ this King Fruela died also, & left divers children at man's estate, & then did the Spaniards as much against them, as they had done for him before, against the children of his elder brother. For they put them all by the crown, and chose for their King Don Alonso the 4▪ which was eldest Son to Don Ordonio the 2. be●ore named, that had been last King saving one, and this man also (I mean Don Alonso the 4,) leaving afterward his Kingdom, & betaking himself to a religious habit offered to the Commonwealth of Spain his eldest Son lawfully begotten, named Don Ordonio, to be their King, but they refused him, and took his Brother (I mean this King's Brother) & Uncle to the young Prince, named Don Ramiro, Moral. lib. 19 cap. 20. An. 930. who reigned 19 years, & was a most excellent King & gained Madrid from the Moors, though noted of cruelty for imprisoning and pulling out the eyes afterward of this King Don Alonso the 4. and all his children & nephews, for that he would have left his habit, & returned to be King again. But this fact my author Morales excuseth, saying that it was requisite for pcace & safety of the Realm; so as here you see two manifest alterations of lineal succession together by order of the Commonwealth. Furthermore, after this noble King Don Ramiro the 2. succeeded as heir apparent to the Crown his elder Son, Don Ordonio the 3. of his name, in the year of our Saviour 950. but this succession endured no longer then unto his own death, which was after 7 years, for than albeit he left a Son named el enfante Don Vermudo, yet he was not admitted, but rather his brother, Don Sancho the first of his name, surnamed el Gordo, who was Uncle to the young Prince, and the reason of this alteration Morales giveth in these words, el succeder en el regno al hermano, few por la racon ordinaria de ser el enfante, Don Vermudo nino y no bastante para ●l goviernoy difenca de la terra. Mor. l. 16. c. 29. An. 950. which is the cause, why the King's brother, & not his Son, succeeded in the Crown, was for the ordinary reason (so often before alleged) for that the Infant or young Prince Vermudo was a little child, & not sufficient for Government and defence of the Country. Truth it is, that after this Don Sancho had reigned, & his son & heir named Don Ramiro the 3. after him, for the space of 30. years in all, Mor. l. 17. c. 1, 2, 3, 4. Then was this youth Don Vermudo (that is now put back) called by the relm to the succession of the Crown, & made King by the name of King Vermudo the 2. who left after him Don Alonso the 5. & he again his Son Don Vermudo the 3. who marrying his sister Dona Sancha that was his heir) unto Don Fernando, first Earl▪ & then King of Castille (who was second Son to Don Sancho Mayor, K King of Navarras before hath been said) he joined by these means the Kingdoms of Leon & Castille together, which were separate before, & so ended the line of Don Pelayo, first Christ●n King of Spain after the entrance of the Moors, which had endured now 300. years & the blood of Navarre entered as you see, & so continued therein until the entrance of ●●ose of Au●tria as before hath been said, which was almost 500 years together. And thus much I thought good to note out of the stories of Spain, for this first descent of the Spanish Kings after the entrance of the Moors▪ neither mean I to pass much further, both for that it would be over long, as also for that mine Author Morales, who is the most diligent that hath written the Chronicles of that Nation, endeth here his story with King Vermudo the 3. & last of the Goatish blood. Notwithstanding, if I would go on further, there would not want divers evident examples also to the same purpose, which Stephen Garabay another Chronicler of Spain, doth touch in the continuation of this story, weereof for examples sake only I will name 2 or 3 among the rest. And first about the year of Christ 1021. there was a marriage made by K▪ john of England for Dona Blancha his Niece, that is to say, the daughter of his sister Dame El●nor, & of Don Alonso the 9 of that name, King & Queen of Spain, which Blancha was to marry the Prince of France, named Luis, son & heir to K. Philip (surnamed Augustus) which Luis was afterward K. of France by the name of Luis the 8. & was Father to Luis the 9 surnamed the Saint. Car. lib. 11. c. 12. This Lady Blancha was Niece as I have said unto K. john & to K. Richard the ●. of England for that her Mother Lady Elinor was their sister, & daughter to K. Henry the 2. and K. john made this marriage, thereby to make peace with the French, & was content to give for her dowry (for that he could not tell how to recover them again) all those Towns & Countries which the said K. Phil. had taken upon the English, by this King's evil Government in Normandy & Gascoyn; and moreover promise was made, that if P. Henry of Spain (that was the only brother to the said Lady Blanch) should die without issue (as after he did) then this Lady should succeed in the Crown of Spain also; but yet afterward the State of Spain would not perform this, but rather admitted her younger sister Dona Berenguela, married to the Prince of Leon, and excluded both Blanch & her son the King S, Luis of France, against the evident right of succession & propinquity of blood, & the only reason they yielded hereof, was not to admit strangers to the Crown, as Garabay testifieth. This happened then, & I do note by the way, that this Dona Berenguela second daughter of Q. Elinor, the English woman was married (as hath been said) to the Prince of Leon, & had by him Don Fernando the 3. of that name, K of Castilia, surnamed also the Saint, so as the two daughters of an English Queen had two Kings Saints for their Sons at one time, the elder of France, & the younger of Spain. After this again about 60 years the Prince of Spain named Don Alonso, surnamed the la cerda, for that he was borne with a great gristle hair on his breast, called cerda in Spanish, which Don Alonso was Nephew ●o the King Fernando the Saint, & married with the daughter of S. Lewis K. of France, named also Blancha as her grand mother was & had by her two sons called Alonso & Hernando de la cerda, as the Prince their Father was named, which Father of theirs dying before the King, the Grand father left them commended to the Realm as lawful heir apparent to the crown, yet for that a certain Uncle of theirs named Don Sa●cho, younger brother to their father; which Don Sancho was surnamed afterward el brav●, for his valour, and was a great Warrior, and more like to manage well the matters of war than they: he was made heir apparent of Spain add hay putb●ck in their Grandfather's time, and by his and the Realms consent (their Father as I have said being dead) and this was done at a general Parliament holden at Segovia in the year 1276. and after this Don Sancho was made King in the year 1284 & the two Princes put into prison; but afterward at the suit of their Uncle King Philip the 3 of France, they were let out again, & endued with certain lands, & so they remain unto this day; and of these do come the Dukes of Medina Celi, & all the rest of the hou●e of Cerda, which are of much Nobility in Spain at this time, & K. Philip that reigneth cometh of Don Sancho the younger Brother. Not long after this again when Don Pedro surnamed the cruel King of Castille, was driven cut, & his bastard brother H▪ 2. set up in his place, the Duke of Lancaster John of Gant, Gar. l. 15. c. 1. an. 1363. having married Dona Constantia, the said King Padroes' daughter and heir, pretended by succession the said● Crown of Castille, as indeed it appertained unto him; but yet the State of Spain denied it flatly, and defended it by arms, & they prevailed against John of Gant, as did also the race of H▪ the B●stard against his lawful brother, & the race of Don Sancho the uncle against his lawful nephews, & that of Dona Berenguela against her elder sister, all which races do reign unto this day, & these three changes of the true line, happened within two ages, and in the third and principal descent of the Spanish Kings, when this matter of suceession was most assuredly & perfectly established, & yet who will deny but that the Kings of Spain who hold by the latter titles at this day be true & lawful Kings. Well, one example will I give you more out of the kingdom of Portugal, & so will I make an end with there countries. This king Henry the bastard last named 〈◊〉 Spain had a son that succeeded him in the crown of Spain, named john the 1▪ who married the daughter & he●r named Dona Beatrix, of k Fernando the 1. of Portugal, but yet after the death of the said k. Fernando the States of Portugal would never agree to admit him for their King for not subjecting themselves by that means to the Castilians & for that cause they rather took for their king a bastard brother of the said late k. Don Fernando, whose name was Dondulan a youth of 20 years old, who had been Master of a military order in Portugal named the Avis, & so they excluded Dona Be●tr●x Q. of Cast l. that was their lawful heir & chose this young man, & married him afterwards to the Lady Philip daughter of john of Gaunt D. of Lancaster, by h●s first wife Blanch, Duchess & heir of Lancaster, in whose right the kings of Portugal & their discendents do pretend unto this day a certain interest to the house of Lancaster. Hereby we see what an ordinary matter in hath been in Spain & Portugal to alter the line of next succession upon any reasonable consideration which they imagned to be for their weal public, and the like we shall find in France and England. The eighth Speech. AS concerning the state of France, although since the entrance of their first king Pharaniond with his Franks out of Germany, which was about ●he year of Christ 419. they have never had any stranger come to wear their crown, which they attribute to their law Salic, that forbiddeth women to reign; ye among themselves have they changed twice their whole race & lineage of kings once in the entrance of k. Pepin that put out the line of Pharamont about the year 751. & again in the promotion of k. Hugo Capetus that put out the line of Pepin, in the year 983. so as they have had 3 descents & races of Kings as well as the Spaniards; the first of Pharamont, the 2. of Pepin and the 3. of Capetus, which endureth to this present, if it be not altered now by the exclusion that divers pretend to make of the King of Navarre, and other Princes of the blood Royal of the house of Bourbon. I will here set p●sse the first rank of all, of the French Kings, for that some men say perhaps, that the common wealth and law of succession, was not so well settled in those days as it hath been afterward in time of k. Pepin, Charles the great, and their discendanta● as also for that it were in very deed over edious to examine and peruse all three ranks or kings in France, as you will say when you shall see what store I have to allege out of the 2. rank only, which began with the exclusion and deposition of their lawful king Childerike the 3. and election of k. Pepin, then surnamed le brief, or the little, for his small stature (though he were a Giant in deeds) being made king of France, by mere election, in the year of Christ, 751. after 22 Kings that had reigned of the first line of Pharamont for the space of more than 300 years, & being so famous & worthy a King as all the world knoweth reigned 18 years, and then left his States & Kingdoms by succession unto his eldest Son Charles, surnamed afterward the Great, for his famous & heroical acts. And albeit the whole kingdom of France appertained unto him alone by the law of succession, his Father being King, and he his eldest Son; yet would the Realm of France show their authority in his admission which Girard setteth down in these words Estant Pep●n decede, les Francois esleurent, Rois, Charles & Carlomon ses fils, ala charge, quills partageroient entre eux, egalement, le royalme, Gir. du Haillan, l. 3. an. 768. which is king Pepin being dead, the brench-men chose for their kings his two Sons, Charles & Carlomon, with condition, that they should part equally between them the Realm. Wherein is to be noted, not only the elect▪ on of the Common wealth, besides succession but also the heavy condition laid upon the heir to part half of his kingdom with his younger brother, and the very same words hath Eginard an ancient French Writer, in the life of this Charles the Great, to wit, That the French State in a public Assembly, did choose two Princes to be their Kings, with express condition to divide the Realm equally, as Francis Belforest citeth his words, Eginard Belfor. l, 2. c. 5. After 3 years that these two Brethren had reigned together K. Carlomon the younger died and left many Sons, the elder whereof was named Adalgise. but Belforest saith, That the Lords Ecclesiastical & Temporal of France swore fidelity and obedience to Charles, without any respect or regard at all of the children of Carlomon, who yet by right of succession should have been preferred and Paulus Emilius a Latin Writer saith, proceres regni ad Carolum ultroven entes regem tum totius Galliae sulutarunt, Pa●l. Mil. hist. Fr●nc. that is, The Nobility of the Realm coming of their own accord un●o Charles, saluted him k. of all France whereby is showed, that this exclusion of the children of Carlomon was not by force or tyranny, but by free deliberation of the Realm. After Charles the great reigned by succession his only Son Lewis the first, surnamed debonair of h●s courtesy, who entering to reig● in the year 817. with great applause of all men for the exceeding grateful memory of his father, was yet afterward at the pursuit principally of his own three sons, by his first wise (which were Lothair Pepin, and Lups) deposed Girard l. 1 An. 834. first in a chancel at Lions, and then again at Compeigne, and put into a monastery though afterward he came to reign again, An 840. and his fourth son by h●s second wife (which son was named Charles le ch●une, for that he was bald) succeeded him in the states of France, though after many battles against his brother Lothair, to whom by succession the same appertained. After Charles the bald; succeeded Lewis the second, surnamed le begue, for his stuttering, who was not eldest, but third Son unto his Father, an 878. for the second died before his Father, & the eldest was put by his succession for his cruel demeanour, this Lewis also was like to have been deprived by the States at his first entrance, for the hatred conceived against h●s Father Charles the ba●d, but that he calling a solemn P●rl. at Compeigne as Girard saith, Gie l. 1. an. 879 he made the People, Clergy, & Nobility many fair promises to have their good wills. This Lewis the stuttering left two bastard sons by a Concubine, who were called Lewis & Carlomon, as also he left a little Infant newly born of his lawful, fe, Adeltrude daughter to k. Alfred of England which Infant was K. of France afterward, by name of Charles the simple, albeit not immediately after the death of his Father, for that the Nobles of France said, that they that they had need of a man to be King, & not a child, as Girard reporteth & therefore the whole State of France, chose for their Kings the two foresaid bastards, Lewis the 3. & Carlomon the first of that name, jointly, & they were crowned most solemnly & divided the whole Relm between them, in the year of Christ 881. & Q. Adeltruds with her child true heir of France fled into England to her Father, & there brought him up for d●vers years, in which time she saw 4 or 5 Kings Reign in his place in France one after the other, for briefly thus it passed. Of these two bastard Kings, the elder named Lewis reigned but 4 years, and died without issue; the 2d. that is Carlomon lived but one year after him, & left a Son called also Lewis the 5. & surnamed Faineant, for his idle & slothful life an, 886. For which as also for his vicious behaviour, & in particular for taking out & marrying a Nun of the Abbey of Baudour at Chels by Paris, he was deprived & made a Monk in the Abbey of S. Denis where he died, & in his place was chosen K. of France, and crowned with great solemnity Charles the 4. Emperor of Rome, srrnamed le gios, for that he was fat & corp●lent, he was Nephew to Charles the bald, before mentioned, & therefore the French stories say, that he came to the Crown of France partly by succession & partly by election, Girard l. 5. an 888. but for succession, we see that it was nothing worth, for so much as Charles the simple the right heir was alive in England, whom it seemeth that the French men had quite forgotten, seeing that now they had not only excluded him three times already, but afterwards also again when this gross Charles was for his cruel government by them deposed & deprived, not only of the kingdom of France but also of his Empire, which he had before he was King & was brought into such miserable penury, as divers write, that he perished or want; & this time I say the States of France would not yet admit Charles the simple (though hitherto his simplicity did not appear, but he seemed a goodly Prince) but rather they chose for King one Odo Earl of Paris & Duke of Angiers, & caused him to be crowned But yet after a few years, being weary of this man's government, and moved also somewhat with compassion towards the youth that was in England, they resolved to depose Odo, and so they did while he was absent in Gascony, and called Charles the simple out of England to Paris, and restored him to the kingdom of France, leaving only to Odo for recompense the state of Aquitain, with Title of a Duke: wherewith in fine, he contented himself, seeing that he could get no more, But yet his Posterity by virtue of this election, pretended ever after a Title to the Crown of France and never left it of until at length by Hugo Capetus they got it, for Hugh descended of this King and Duke Odo. This K. Charles, then surnamed the simple, and English woman's Son, being thus admitted to the crown of France, he took to wife an English woman named Elgina or Ogin, daughter of K. Edward the elder, by whom he had a Son named Lewis, and himself being a simple man, was alured to go to the castle of? eron in Picardy, where he was made prisoner, and forced to resign his kingdom unto Ralph K. of Burg●ndy, a. 927. and soon after he died through misery in the same castle, & his Q. Ogin fled in●o England, where with her little son Lewis unto her uncle K. Adelstan, as Q. Adeltrude had done before with her son unto K. Al●red, and one of the chief in this action for putting down of the simple was Count Hugh surnamed the Great, E. of Paris, Father unto Hugo Capetus, which after was King. But this new K▪ Ralph lived but 3 years after, and then the States of France considering the right title of Lewis the lawful child of K. Charles the simple, which Lewis was commonly called now in France by the name of d'Outremer, that is beyond the Sea, for that he had been brought up in England, the said States being also greatly and continually solicited hereunto by the Ambassadors of K. Ad●lston of England, and by Wil D●ke of Normandy, surnamed long Speer, great Grandfather to Wil the Conqueror, who by the K. of England was gained also to be of the young Prince's part: for these considerations (I say) they resolved to call him inte France out of England, as his Father had been before him, and to admit & crown him King, and so they did, and he reigned 27 years, and was a good Prince, and died peaceably in his bed the year of Christ, 945. This K. Lewis of d'Outremer left two sons behind him, the eldest was called Lothair the 1. who succeeded him in the crown of France, and the 2. was named Charles whom he made Duke of Lorraine. Luthaire dying left one only son named Lewis, as his Grandfathee was, who was named K of France, by the name of Lewis the 7. and dying without issue after two years that he had reigned, the crown was to haye gone by lineal succession unto his Uncle Charles Duke of Lorraine, second Son to Lewis d'O●tremer as is evident, but the States of France did put him by it for mislike they had of his person, and did choose Hugo Capetus Earl of Paris, and so ended the second line of Pepin and of Charles the Great, and entry the race of Hugo Capetus, which endureth until this day, and the French stories do say that this surname Capet was given to him when he was a boy, for that he was wont to snatch away his Fellows caps from their heads, whereof he was termed sna●ch●cap, which some do interpret to be an abodement that he should snatch also a crown from the true owner's head in time as afteward we see it fell out, though yet he had it by election and approbation of the Common wealth. And in this respect all the French Chroniclers who otherwise are most earnest defenders of their law of suceession, do justify this title of Hugo Capetus against Charles, for which cause Frances Belforest doth allege the saying of W. Naugus, an ancient & diligent chronicler of the Abbey of S. Denis in France, who defendeth K. Capetus in these words. We may not grant in any case that Hugh Capet may be esteemed an invador or usuroer of the crown of France, see 〈◊〉 the Lords, Prelates, Princes, & Governors of the Realm did cail him to this dignity, and chose him for their King and Sovereign Lord: upon which words Belforest saith as followeth, I have laid before oon the words and censure of this good religious man, for that they seem to me to touch the quick; For in very truth we cannot by any other means defend the Title of Hugh Capet from usurpation and felony then to justify his coming to the crown by the consent & will of the Common wealth; and in this I may well excuse me from inconstancy and contradiction to myself, that have so earnestly defended succession before; for he that will consider how add what conditions I defended that, shall easily see also that I am not here contrary to the same. I think it not amiss also to put down here some part of the oration or speech which the Ambassador that was sent at that time from the State of France unto Charles of Lorraine after their election of Hugh Capet, & Charles exclusion, did use unto him in their names, which Speech Girard doth reconnt in these words, Gir. l. 6. an. 988. Every man knoweth (Lord Charles) that the sucaession ●o the crown and realm of France according to the ordinary Laws and rights of the same, belongeth unto you and not unto Hugh Capet now our King, but yet the very same laws which do give unto you this right of succession, do judge you also unworthy of the same, for that you have not endeavoured hitherto to frame your life and m●●ers according to the prescript of those laws, nor according to your use & custom of your country of France, but rather have allied yourself with the Germane Nation, ●ur old enemies and have acquainted yourself with their vile & base manners, wherefore seeing you have forsaken & abandoned the ancient virtue sweetness & amity of the French, we have also abandoned & left you, & have chosen Hngh Capet for our King & have put you back, and this without any scruple or prejudice of our consciences at all, esteeming it far better & more just to live under Hugh Capet the present Possessor of the crown, with enjoying the ancient use of our laws, customs, privileges & liberties, then under you the inheritor by nearness of blood, in oppressing strange customs & cruelty. For even as those which are to make a voyage in a ship upon a dangerous Sea, do not so much respect whether the Pilot which is to guide the stern be owner of the ship or no, but rather whether he be skilful, valiant, & like to bring them in safety to their ways end, or to drown them among the waves: even so our principal care is, that we have a good Prince to lead and guide us happily in this way of civil & politic life, which is the end why Princes were appointed, for that this man is fitter to be our King. This message did the States of France send to Charles of Lorraine in defence of their doings, & with this he lost his succession for ever, & afterwards his life also in prison & the Frenchmen thought themselves secure in conscience, as you see, for doing the same, which God hath also since seemed to confirm with the succession & happy success of so many noble and most Christian Kings as have issued out of this line of Hugo Capet us unto this day. And this spoken now of the second line of France, I take to be sufficient for proof of our purpose, without going any further, for that if we do but number these Kings already named, that have reigned in this second race, from K. Pepin downwards unto Hugh Capet (which are about 17 or 18 Kings in 238 years) we shall find that not some few, but the most part of them did both enter and enjoy their crowns and dignities contrary to the law of lineal descent, and of next succession by blood. Whereof also there would not want divers examples in the third and last descent, since Hugo Capitus his time, if we would pass further to examine the stories thereof. For not to go further down then to the very next descent after Hugh, which was K. Robert his Son, Girard affirmeth in his story, Gir. l. 6 an 1232. that of his two Sons which he had named Robert & Henry, Robert the elder was put back, & his younger brother Henry made K. of France, & reigned many years by the name of H. the 1. and this he saith happened partly for that Robert was but a simple man in respect of Henry, and partly also for that H. was greatly favoured and assisted in this pretence by Duke Robert of Normandy, Father to our William the conqueror, and in recompense hereof this King Henry afterward assisted the said William bastard Son to Robert, for the attaining of the Dukedom of Normandy, after the death of the said Duke Robert his Father, notwithstanding that Duke Robert had two lawful brothers alive at that time, whose names were Manger Archbishop of Rone and William Earl of Argues in Normandy, who pretended by success●ion to be preferred, Gir. l. 6. an. 1032. and 1037. But the States of Normandy at the request of Duke Robert when he went to the Holy land (in which journey he died) as also for avoiding dissension & wars that otherwise might ensue, were content to exclude the uncles, and admit the bastard son, who was also assisted by the Forces of the King of France, so as no scruple it seemed there was it those days, either to prefer K. Hen. to the crown of France before his elder brother or D. William the bastard son to the Duchy of Normandy before his lawful uncles upon such considerations, as those States may be presumed to have had for their doings. I read also that some years after, to wit, in the ye●r 1●10 when Philip the 1. of France son and heir to this K. Henry was deceased, the people of France were so offended with his evil life and government, as divers were of opinion to disinherit his Son Lewis the 6. surnamed le Gros, for his sake, and so was he like to have been indeed, as may appear by the chronicle of France, if some of his party had not caused him to be crowned in haste, and out of order in Orleans for preunting the matter. The like doth Philip Cominaeus in his story of K. Lewis the 11d● clare, how that the State of France had once determined to have disinherited his Son Charles, named after the 8 & to pu● him back from his succession for their hatred to his Father, if the said Father had not dread while the other was very young a●● noted before also, that it happened in K. Hen. the 3 of England, who was once condemned by the Barons to be disinherited for the fault of K john his Father, & Lewis the Prof France chosen in his place but that the death of K. john did alter that course intended by the English Nobility, so as this mat●er is neither n●w nor unaccustomed in all sorraign Countries, and now will I pass also a little to our English stories, to see whether the like may be found in them or no. And first of all, that the Realm of England hath had as great variety, changes, & diversity in the races of their Kings, as any one Realm in the world it seemeth evident: for that first of all after the Britain's, it had Romans for their Governors for many year, & then of them, & their Roman blood, they had Kings again of their own, as appear by that valiant King Aurelius Ambrose, who resisted so manfully & prudently the Saxons for a time, after this they had Kings of the Saxon & English blood & after them of the Da●es, & ●hen of ●he Normans and after them again of the French; & last of all, it seemeth to have returned to the Britain's again, in K. H. 7. for that his Father came of that race, and now you know there be pretenders of divers Nations, I mean both of Scottish, Spanish, and I alien blood, so that England is li●e to perticipate with all their neighbours round about them & I for my part do feel myself much of the French opinion before alleged, that so the ship be well and happily guided, I esteem it not much important of what race or Nation the Pilot be but now to our purpose. I mean to pass over the first and ancient ranks of Kings, as well of the British and Roman, as also of the Saxon races, un●ill K. Egbert me 1 of this name, King of the West Saxons, & almost of all the rest of England besides who therefore is said to be properly the first Monarch of the Saxon blood, and he that first of all commanded that Realm to be called England, which ever since hath been observed. This man Egbert being a young Gentleman of a noble house in the West parts of England, was bad in jealousy by his K. Britricus, who was the 16. K. from Cordicius, first K. of the West Saxons, as he was also the last of his blood. And for that he suspected that this Egbert for his great prowess might come in time to be chosen King, he banished him into France, where he lived divers years, & was a captain under the famous K. Pepin, that was Father to Charl●s the great, & hearing afterwards that K. Britricus was dead, he returned in●o England where Polid●o saith, omnium confensu rex creature, Pol. hist. aug. l. 4. in sine, That he was created or chosen King by consent & voice of all men, though yet he were not next propinquity of blood royal, as is most evident, and yet he proved the most excellent King that ever the Saxons had before, or perhaps after, & his election happened in the year of Christ 802. when K. Pepin the first of that race reigned in France, so as this Monarchy of Egbert, and that of Pepin began as it were together, and both of them came to their crowns by election of the people, as here you see. This King Egbert or Egbrich as others do write him, left a lawful Son behind him named Ethelw●lfe, or Ad●●ulte, or Edolph, an. 829. (for all is one) who succeeded him in the kingdom, and was as worthy a man as his Father, and this Adeluulfe again had four lawful Sons, who all in their turns succeeded by just and lawful order in the crown, to wit, Ethelbald, Ethelbert, Ethelred, and Alfred, for that none of the former three had any children and all the latter three were most excellent Princes, especially Alfred or Alured, the last of all four, whose acts are wonderful, an. 8●2. and who among other his renowned Guests, drove Rollo that famous Captain of the Danes from the Borders of England, with all his company into France where he got the country or Province named then Neustria, and now Normandy, and was the first Duke of that Province and Nation, and from whom our William Conqueror came afterwards in the 6. descent. This man also erected the University of Oxford, being very learned himself, builded divers good Monasteries and Churches & dying left as famous a Son behind himself, which was Edward the first surnamed the signior or elder, Anno 900. This King Edward dying left two Sons lawfully begotten of his wife Edgina, the one named Prince Edmund, & the other E●●●ed, and a third illegitimate whose name was Adelstan, whom he had by a Concubine. But yet for that this man was esteemed to be of more valour than the other, he was preferred to the crown before the other two Princes legitimate, an. 924 for so testifieth Po●dor in these words, Ad●●anus ex concubina Edwardi filius rax a populo consalutatur atque ad Kingstonum opidum more majorum ab Ath●●lmo cautuariensi Arel lepiscopo cor●natur. Pol. l. 5. hist. ang. which is Adelstan the Son of K. Edward by a Concubine was made King by the People, and was crowned according to the old custom, by Athelme Archbishop of Canterbury at the town of Kingston. Thus far Polidor and Stow addeth further these words. His coronation was celebrated in the Market place upon a stage erected on high, that the King might better be seen of the multitude, he was a Prince of worthy memory, valiant and wise in all his acts, and brought this land into one perfect Monarchy, for the expelled utterly the Danes, and quieted the Welsh men; Stow p. 136. an. 924. Thus much Stow of the snccesse of choosing this King bastard to reign, To whose acts might be added, that he conquered Scotland, and brought Constantine their King to do him homage, and restored Lewis d'Outremer his sister's Son to the Kingdom of France, an. 940. This man dying without issue, his lawful brother Edmond put back before, was admitted to the crown who being of excellent expectation died after 6 years, and left two lawful sons, but yet for that they were young, they were both put back by the Realm, & their uncle E●dred was preferred before them, an 946. so saith Palidor, Genu●t Edmondus ex Egilda uxore Edvinuus & Edganum, qui cum etate pueri esse●●, post Eldredum deinder regnarunt, Pol l. 6. King Edmond begat of his wife Egilda two Sons named Edwin and Edgar, who for that they were but children in years, were put back, and reigned afterward after their uncle Eldred. The like saith Stow, and yieldeth the same reason in these words. Eldred succeeded Edmond his b●other, for that his Sons Edwin, and Edgar were thought to young, to take so great a charge upon them. This Eldred though he entered as you see against the right of the Nephews, yet saith Polidor and Stow, that he had all men's good will, and was crowned, as his brother had been at Kingston by Odo Archbishop of Canterbury, and reigned 9 years with great good will and praise of all men. He died at last without issue, and so his elder Nephew Edwin was admitted to the crown, but yet after 4 years he was deposed again for his lewd & vicious life, and his younger brother Edgar admitted in his place, in the year of Christ, 959. This King Edgar that entered by deposition of his brother, was one of the rarest Princes that the world had in his time, both for peace and war, justice, piety, and valour. Stow saith he kept a Navy of 3000. and 600 ships distributed in divers parts for defence of the Realm. Also that he built and restored 47 Monasteries at his own charges, and did other many such acts. He was Father to King Edward the Martyr, and Grandfather to K. Edward the confessor, though by two different wives, for by his first wife named Egilfred, ●hee had Edward after martyrized, and by his second wife Alfred, he had Etheldred Father to Edw. the confessor, and to the end that Etholdred might reign, his mother Alfred caused K. Ed. the son of Egilfred to be slain after King Edgar her husband was dead. After this so shameful murder of K. Edw many good men of the Realm were of opinion, not to admit the succession of Etheldred his half brother, both in respect of the murder of K. Ed. his elder brother committed for his sake; as also for that he seemed a man not fit to govern, and of his opinion among others, was the holy man Dunston Archbishop of Canterbury, as Polidor saith, Pol. l. 7. hist. Ang. who at length in flat words denied to consecrate him, but seeing the most part of the Realm bend on Etheldreds' side, he foretold them that it would repent them after and that in this man's life the Realm should be destroyed, as indeed it was and he ran away to Normondy, and left Sweno and his Danes in possession of the Realm, though afterward being dead, he returned again, and died in London. This Etheldred had two wives, the first Ethelgina an English woman, by whom he had Prince Edward surnamed Iron-side for his great strength and valour, who succeeded his Father in the Crown of England for a year, and at his death left two Sons, which after shall be named. And besides this, Etheldred had by his first wife other two Sons, Edwin and Adelston, and one Daughter named Edgina, all which were either slain by the Danes, or died without issue. The second Wife of Etheldred was called Emma, sister to Richard Duke of No●mondy, who was Grandfather to William the Conqueror, to wit Father to Duke Robert, that was Father to William, So as Emma was great Aunt to this William, and she bore unto King Atheldred two Sons, the first Edward, who was afterward named King Edward the Confessor, and Alerud who was slain traitorously by the Earl of Kent. After the death also of King Etheldred, Queen Emma was married to the Dane King Canutus the first of that name, surnamed the Great, that was King of England after Etheldred, and Edmond Ironside his Son, and to him she bore a Son, named Hardicanutus, who reigned also in England before King Edward the Confessor. Now then to come to our purpose, he that will consider the passing of the Crown of England, from the death of Edmond Iron-side, elder Son of King Etheldred, until the possession thereof gotten by William Duke of Normandy, to wit, for the space of 50 years, shall easily see what Authority the Commonwealth hath in such Affairs, to al●er Titles of Snccession, according as public necessity or utility shall require: for thus briefly the matter passed. King E●●ldred seeing himself to weak for Sweno the King of Danes, that was entered the Land, fled with his wife Emma and her two children, Edward and Alerud unto her brother Duke Richard of Normandy, and there remained until the death of Sweno. And he being dead Etheldred returned into England, made a certain agreement and division of the Realm, between him and Canutus the Son of Sweno, and so died, leaving his eldest son Edmond Iron-side to succeed him, who soon after dying also, left the whole Realm to the said Canutus, and that by plain covenant as Canutus pretended, that the longest liver should have all. Whereupon the said Canutus took the two children of King Edmond Iron-side, named Edmond, and Edward, and sent them over into Swethland, which at that time was also subject unto him. And caused them to be brought up honourably, of which, two the elder named Edmond died without issue, but Edward was married, and had divers children. Eth●ldred and his Son Edmond being dead, Canutus the Dane was admitted for King of England by the whole Parliament, and consent of the Realm, anno 1018. and crowned by Alerud Archbishop of Canterbury▪ as Polidor saith, and he proved an excellent King, and went to Rome, and was allowed by that See also. He did many works of charity, showed himself a good Christian, and very loving and kind to Englishmen, married Queen Emma an English woman, and mother to King Edward the Confessor, and had by her a Son named Hardicanutus, and so died, and was much mourned by the English, after he had reigned twenty years, though his entrance and title was partly by force, and partly by election, as you have heard. After this Canutus the first▪ surnamed the Great (for that he was King jointly both of England, Norway, and Denmark) was dead, Polidor saith, that all the States of the Realm met together at Oxford, ●o consult whom they should make King, and at last by the more part of voices was chose, Harald the first Son of Canutus by a Concubine, King Harald the Bastatd. 1038. Polid. l. 8. Hist. Ang. By which election we see injury was done to the line all succession of three parties. First, to the Sons of king Edmond Iron-side that were in Swethland. Then to the Princes Edward and Ajerud, sons to king Etheldred, and brothers to Iron-side that were in Normondy, And thirdly to Hardie mutus, son to Canutus, by his lawful wife Emma, to whom it was also assured at her marriage▪ that her issue should succeed if she had any by Canutus. After the death of this Harald who died in Oxford where he was elected, within 3 years after his election, there came from Denmark Hardicanutus to claim the crown that his Father & Brother had possessed before him, of whose coming Polidor saith, libentissimis animis accipitur communiqve omnium consensu rex dicitur, an. 1041. He was received with great good will of all, and by common content made King, & this was done by the States without any respect had of the succession of those Princes in Normondy & Swethland, who by birth were before him. as hath been showed, & this is the second breach after lineal, descent after Elthred. But this Hardicanutus being dead also, upon the sudden 〈◊〉 a certain banquet in Lambeth by London without issue, within two years after his Coronation, the states of the Relm had determined to choose Aludred for their king, who was younger b●other to Edw. & for that cause sent for him out of Normondy, as polid, recounteth, & had made him K. without all doubt (for that he was esteemed more stirring & valiant than his elder brother Edw.) had not E. Goodwin of Kent fearing the youngmans' stomach raised a strong faction against him, & thereupon also caused him to be tray●eronsly murdered, as he passed through Kent towards London, nor had the State here in any respect to Antiquity of blood, for that before Alured were both 〈◊〉 own elder brother P. Ed. (who after him was chosen King, and before them both were Edm▪ & Edw. the children of their elder brother, Edmond Iron 〈◊〉 and this the third breach of lineal descent. But this notwithstanding, Alerud being slain, P. Edw. was made King, tanta publica lat tia, saith Polidor, ut certatim pro ejus faelici principatu, cuncti vota facerent; that is, he was made King with such universal joy & contentment of all men, as every man contended who should pray and make most vows to God for his happy reign, and according to this was the success, for he was a most excellent Prince and almost miraculously he reigned with great peace, & void of all war at home & abroad for the space of almost 20 years after so infinite broils as had been before him, & ensued after him; & yet his title by succession cannot be justified, as you see, for that his eldest brothers Son was then alive, to wit, Prince Edw. surnamed the outlaw, who in this King's reign came into England, & brought his wife, & three lawful children with him, to wit, Edgar, Margaret, and Christian, but yet was not this good K. Edw. so scrupulous, as to give over his kingdom to any of them, or to doubt of the right of his own title, which he had by election of the Commonwealth against the order of succession. This K. Edward being dead without issue, Polidor saith that the States made a great consultation, whom they should make King, & first of all it seemeth they excluded him that was only next by propinquity in blood, which was Edgar Aledin, son to the said Prince Edw. the outlaw now departed, and Nephew to K. Edmond I tonside & the reason of this exclusion is alleged by Pol. l. 8. in these words, is puer id aetatis nondum regno gubernando maturus erat, that is, he bein● a child of so small years was not ripe enough to govern the kingdom, and then he saith, that Harald son of Earl Goodwin by a daughter of Canutus the first proclaimed himself King, a. 100LS. & morover he addeth, Nond spt cuit omninoid factum populo, qui plurimum spei in Haraldi virtue habehat, itaque more majorum sacratus est, which is, this fact of Harald displeased not at all the people of England, for that they had great hope in the virtue of this Harald, & so was he anointed & crowned according to the fashion of the ancient Kings of England, by which words we may see that Harald had also the approbation of the Realm to be King, notwithstanding that little Edgar was present, as hath been said; so as this was the 4. breach of succession at this time. But in the mean space William Duke of Normandy pretended that he was chosen before by● K. Edw. the Confessor, & that the Realm had given their consent thereunto, & that K. E. left the same testified in his last will & testament, an 1066. and albeit none of our English Authors do avow the same clearly, yet do many other foreign Writers hold it, & it seemeth very probable, that some such thing had past both for that D. William had many in England that did favour his pretence at his entrance; as also (as Girard in his French story saith) that at his first coming to London he punished divers by name, for th●t they had broken their oaths and promises in that behalf, Gir l. 6. ●n. 1065. And moreover it appeareth, that by alleging this title of election, he moved divers Princes abroad to favour him in that action as in a just quarrel, which is not like they would have done. if he had pretended only a conquest, or his title of sanguinity, which could be of no importance in the world for that effect, seeing it was no other but that his Grandfather and King Edward's mother were brother and sister, which could give him no pretence at all to the succession of the crown, by blood, and yet we see that divers Princes did assist him, and among others the French chronicles Girard, so often named before writeth Chron. Cassin. l. ●. cap. ●4. that Alexander the second pope of Rome, whose holiness was so much esteemed in those days as one constan●inus After, wrote a book of his miracles being informed by Duke William of the justness of his pretence, did send him his benediction and a precious ring of ●od, with a hollowed banner, by which he get the victory, thus writeth Girard in his French Chronicles, and Antonius Archbishop of Florence surnamed Antoninus ●art. 2 Chron. ●it. 16. cap. 5. s. 1. Saint, writing of this matter in his chronicles speaketh great good of william conqueror & commendeth his enterprise. But howsoever this was the victory we see he get, and God prospered his pretence, and hath confirmed his offspring in the Crown of England more than 500 years together so as now accounting from the death of King Edmond I consider unto this man, we shall find (as before I have said) in less than 5● years, that 5. or 6 Kings were made in Eng●and one after another, by only authority and approbation of the ●ommon wealth contrary to the ordinary course of ineall succession by propinquity of blo●d And all this is before the conquest, but it we should pass any further down, we should find more examples than before, For first the two sons of the Conqueror himself, that succeeded after him, to wit William Rufus and Henry the first, were they not both younger brothers to Robert Du●e of Normandy, to wh●m the most part of the realm was inclined (as Polydore saith) Polyd. in vita Gul. Conq. to have given the kingdom presently after the Conqueror's death, as due to him by succession, notwithstanding that W●illiam for particular displeasure against his elder son and had ordained the contrary in his testament. But that Robert being absent in the War of Jerusalem, the holy and learned man Lanfranke as he was accounted then Archbishop of Canterbury being deceived with vain hope of William Rufus An. 107, good nature persuaded th●m the contrary, who was at that day of high estimation and authority in England and so might indu●e the realm to do what he liked. By like means got Henry his younger brother the same crown afterwards, to wit by fair pr●mises to the people, and by help principally of Henry Newborow ●arle of Warwick, that dealt with the nobility for him, and Maurice Bishop of London with the clergy for that Ans●lme Arch bishop of Can●erbury was in ba●nishment. Besides this also it did greatly help his cause that his elder brother Robert, (to whom the Crown by reign appetteined) was absent again this second time in the war of jerusalem and so lost thereby his Kingdom as before: Henry having no there title in the world unto it but by election and admission of the people, which yet he so descended afterwards against his said brother Robert, that came to claim it by the sword, and God did so prosper him the● rain as he took his said elder brother prisoner, and so kept him for many years, until he died in prison most pitifully. But this King Henry dying, left daughter behind him named Mawde or Mathilde, which being married first to the Emperor Henry the fist he died without issue, and then was she married again the second time to Geoffrey Pantage●t 〈◊〉. of Earl of Anjow in France, to whom she bore a son named Henry, which this King Henry his grand father, caused to be declared for heir apparent to the Crown in his days, bu● yet after his disease for that Stephen Earl of Bollogne, born of Adela daughter to William the Conqueror, was thought by the state of England to be more 〈◊〉 to govern and to defend the land (for that he was at man's age) then was Prince Henry a child, or Ma●de ●is mother, he was admitted and Henry put back, and this chiefly at the persuasion of Henry Bishop of Winche●●er brother to the said Stephen, as also by the solicitation of the Abbot of Glast●nbury and others, who thought be like they might do the same, with good conscience for the good of the realm though the even● proved not so well. for that it drew all England into factions and divisions, for avoiding and ending whereof, the state's ●●me years after, in a Parliament at wall ingford made a agreement that Stephen should be lawful King during his life only, and that Henry and his offspring should succeed him, and that prince william King Stephen's son should be deprived of his succession to the crown and made only Earl of Norfolk, thus did the stat● dispose of the crown at that time which was in the year of Christ, 1153. To ●his Henry succeeded by order his oldest son than living, named Richard, and surnamed Cordelton, for his Valour, but after him again his succession was broken. For that john King Henry's youngest son, 〈◊〉 yowger brother to Richard whom his father the King had left so unprovided as in jest he was cal●ed by the French jean sens terre as if you wou●d say Sir john lacke-land: this man I say, was after the death of his brother admitted and crowned by the states of England, and Arthur Duke of Britain, son and heir to Geoffrey that was elder brother to john was against the order of succession excluded. ●nd albeit this Arthur did seek, to remedy the matter, by war, yet it seemed that God did more defend this election of the Common wealth, than the right title of Arthur by succession, for that Arthur was overcome, and ta●en by King john though he had the King of Franc● on his side, anb he died pitifully in prison, or rather as most authors do ho●d, he was put to death by King john his uncles own hands in the castle of Rouen, thereby to make the title of his succession more clear▪ which yet could not be, for that as well Stow in his chtonicle, as also Matthew of westminster and others before him, do write that Geoffrey beside 〈◊〉 son left two daughters by the Lady Constance his wife, Countess and he●r of Brit●ain, which by the law of England should have succeeded before john, but of this small account seemed to be made at that day. Some years after when the Barons and states of England misliked utterly the government and proceeding of this King john, they rejected him again and chose Lewis the Prince of France to be thei● King 3216 and did swear fealty to him in London, as before hath been said and they depainted also the young prince Henry his son that was at that time, but of 8 years old, but upon the death of his father King john that shorty ●fter ensued, they recalled again that sentence, and admitted this Henry to the Crown by the name of King Henry the third and disannulled the a leageance made unto Lewis Prince of France and so king Henry reigned for t●e 53 years afterward, the ●ongest reign as I think that any before or after ●im hath had in England. Moreover you ●now from this king Henry the third, d● take th●ir first beginning the two branches at York and L●ncastee wihch after fe●● to foe great contention about the crown: Into which if we would enter, we should see plainly as before hath been noted that the best of all their titles after their deposition of king Richard the second depended of this authority of th● commonwealth for that as the people were affected and the greater part prevailed ●o ●ere their titles either a lowed confirmed altered or disannulled by Parliament, & yet may not we well affirm, but that either part when they were in possession and confirmed herein by these Parliaments were lawful kings and that God concurred with them as with true princes for government of the people, for if we should deny this point great incouveniences wou●d olow, and we should shake the states of most princes in the world at this day. And to conclude as one the one side propinquity of b●ood is a great pre-eminence towards the attaining of any Crown so doth it not ever bind the common wealth to yield there-unto if weightier reasons should urge them to the contrary, neither is the Commonwealth bound bound always to shut her eyes, and to admit at ●p-hazard, or of necessity every one that is next by succession of broud as some fa●se●y and fond azime, but rather she is bound to consider well and maturely the person that i● to enter, whether he be ●ike to perform his duty and charge committeed or no, for th●t otherwise to admit him that is an enemy or unfitis but to destroy the Common wealth and him together This is my opinion and this seemeth to me to be conform, to all reason, aw● religion peery, wisdom, & policy and to the use and customs of all well governed commonwealths in the world neither do I mean to prejudice any any prince's pretence or succession to any crown or dignity in the world, but rather do hold that he ought to enjoy his pre-eminence, but yet that he 〈◊〉 not pr●judicall thereby to the whole body which is ever 〈◊〉 be respected more than any one person whatsoever. The ninth Speech. ACcording to law, both civil and Canon (which is great reason) it is a matter most certain, that he who is judge and hath to give sentence in the thing itself, is also to judge of the cause, for thereof is he called judge, and if he have authority in the one, good reason he should also have power to discern the other, so as, if we grant according to the form and proofs, that the Realm or Commonwealth hath power to admit or put back the Prince or pretender to the Crown, then must we also confess that the same Common wealth hath authority to judge of the lawfulness of the causes, and considering further that it is in their own affair, and in a matter that hath his whole beginning, continuance and subsistence from them alone, I mean from the Common wealth, for that no man is King or Prince by institution of nature, as before hath been declared, but every King and King's son, hath his dignity and pre-eminence above other men, by authority only of the Common wealth: God doth allow for a just and sufficient cause in this behalf, the only will and judgement of the weal public itself, supposing always (as in reason we may) that a whole Realm will never agree by orderly way of judgement (for of this only I mean and not of any particular faction of private men against the heir apparent) to exclude or put back the next heir in blood and succession without a reasonable cause, in their sight and censurre. And seeing that they only are to be judges of this case, we are to presume that what they determine, is just and lawful for the time, and if at one time they should determine one thing, and the contrary at another (as they did often in England during the contention between York and Lancaster and in other like occasions) what can a private man judge otherwise, but that they had different reasons and motions to lead them at different times, and they being properly lords and owners of the whole business committed unto them, it is enough for every particular man to subject himself to that which his Common wealth doth in this behalf, and to obey simply without any further inquisition, except he should see that open injustice were done therein, or God manifesty offended, and the Realm endangered. Open injustice I call when not the true Common wealth, but some faction of wicked men should offer to determine this matter, without lawful authority of the Realm committed to them, and I call manifest offence of God, and danger of the Realm, when such a man is preferred to the Crown, as is evident that he will do what lieth in him to the prejudice of them both, I mean both of God's glory and the public wealth: as for example, if a Turk or Moor or some other notorious wicked man, or tyrant should be offered by succession or otherwise to govern among Christians, in which cases every man (no doubt) is bound to resist what he can, for that the very end and intent for which all government was first ordained, is herein manifestly impugned. From this consideration, of the weal public, are to be reduced all other considerations of most importance, for discerning a good or evil Prince. For that whosoever is most likely to defend, preserve, and benefit most his Realm and subjects, he is most to be allowed and desired, as most conform to the end for which government was ordained. And on the contrary side, he that is least like to do this, deserveth least to be preferred, and here doth enter also that consideration, which divers common wealths had in putting back oftentimes children and impotent people (though otherwise next in blood) from succession, and preferring more able men though further off by descent, for that they were more like to defend well their Realm and Subjects than the others were. But to proceed more distinctly and more perspicuously in this matter, I would have you call to mind one point among others, out of Girard the French author, Girard lib. 3. de l' Estate. pag. 242. to wit, that the King of France in his Coronation is new apparelled three times in one day, once as a Priest, and then as a judge, and last as a King armed. Thereby to signify three things committed to his charge, first Religion, than Justice, than manhood and chivalry, for the defence of the Realm. This division seemeth to me very good and fit, and to comprehend all that a weal-public hath need of, for her happy state and felicity, both in soul and body, and for her end, both supernatural and natural. For by the first which is Religion, her Subjects do attain unto their end spiritual and supernatural, which is the salvation of their souls, and by the second and third, which are justice and defence, they enjoy their felicity temporal, which is to live in peace among themselves, and safety from their enemies, for which cause it seemeth that these are the three points which most are to be regarded in every Prince, that cometh to government, and much more in him that is not yet admitted thereunto, but offereth himself to the Common wealth for the s●me purpose. And for that the latter two of these three points, which are justice and manhood, hath been often had in consideration, in the examples of changes before mentioned, and the first point which is Religion, hath rarely or never at all been talked of, for that in former times the Prince and the people were always of one and the same Religion, and scarce ever any question or doubt fell in that behalf (which yet in our days is the principal difference and chiefest difficulty of all other) for these causes (I say) shall I accommodate myself to the circumstance of the time, wherein we live, and to the present case which is in question betwixt us about the succession of England, and leaving aside those other two considerations of justice and chivalry in a King, which are far less important than the other (though yet so highly regarded by ancient Common wealths) I shall treat principally of Religion, in this place, as of the first and highest, and most necessary point of all other, to be considered in the admission of any Prince, for the profit of his Subjects: for that without this, he destroyeth all, and with this, albeit he should have defects in the other two points of justice and manhood, yet may it be holpen, or his defect or negligence may be supplied much by others, as after I shall show more in particular, but if he want fear of God, or care of Religion, or be perversely persuaded therein, the damage of the weal public is inestimable. First of all then, for better understanding of this point, we are to suppose, that the first chiefest, and highest end that God and nature appointed to every Commonwealth, was not so much the temporal felicity of the body, as the supernatural and everlasting of the soul, and this was not only revealed to the Jews by holy scripture, but also unto the Gentiles and Heathens by the instinct and light of nature itself. For by this light of natural reason, the learned sort of them came to understand the immortality of the soul, and that her felicity, perfection, and full contentment, which they called her final end, and summum bonum, could not be in this life, not in any thing created under heaven, but must needs be in the life to come, and that by attaining to enjoy some infinite endless and immortal object, which could fully satisfy the appetite of our soul, and this could be no other than God, the maker of all himself. And that consequently all other things of this transitory life, and of this humane Commonwealth, subject to man's eyes, are ordained to serve and be subordinate and directed to the other higher end, and that all man's actions in this world, are first of all, and in the highest degree, to be employed to the recognising, serving, and honouring of this great Lord that governeth the whole, as author and end of all. To this light I say, came the Heathens even by the instinct and direction of nature, whereof ensued that there was never yet Pagan Philosopher that wrote of framing a good commonwealth as Socrates, Plato, Plutarch, Cicero, and others, neither Lawmaker among them that left Ordinances for the same purpose, as Deucalion, Minos, Zaleucus, Lycurgus, Solon, jon, Numa, or the like, which besides the temporal end of directing things well for the body, had not especial care also of matters appertaining to the mind, to wit, of nourishing, honouring, and rewarding of virtue, and for restraining and punishing of vice, and wickedness, whereby is evident that their end and butt was to make their Citizens good and virtuous, which was a higher end, then to have a bare consideration of temporal and bodily benefits only, as many great men of our days (though Christians in name) seem to have, who pretend no higher end in their Government then bodily wealth, and a certain temporal kind of peace and justice, wh●ch divers beasts also do reach unto, in their congregations and Commonwealths, as is to be seen among Emmets, and Bees, Cranes, Lions, and other such creatures, that by instinct of nature are sociable, and do live in company, and consequently also do maintain so much order and policy in their Commonwealth, as is needful for their preservation and continuance. But nature taught man a far higher and more excellent end in his Commonwealth, which was not only to provide for those bodily benefits that are common also to creatures without reason; but much more for those of the mind, and above all for the serving of that high and supreme God, that is the beginning and end of all the rest. For whose service also they learned by the same instinct and institution of nature, that the chiefest and supremest honour that could be done unto him in this life by man, was the honour of sacrifice and obla●ions●, which we see was begun and practised even in those fi●st beginnings of the law of nature, before the levitical law, and the particular forms of this same law, were prescribed by Moses. For so we read in Genesis of Noah, Gen. 8. that he made an Altar, and offered sacrifices to God upon the same, of all the beasts and birds that he had in the Ark, odoratusque est Dominus odorem suavitatis, and God received the smell of these sacrifices, as a sweet smell. Which is to say, that God was highly pleased therewith: and the like we read of Job that was a Gentile, and lived before Moses, Job 1. Sanctificabat filios consurgensque diluculo offerebat holocausta per dies singulos. He did sanctify his children, and rising early in the morning did offer for them holocastes or burnt sacrifices every day. This men used in those days, and this they were taught by law of nature, I mean both to honour God above all things, and to honour him by this particular way of sacrifices, which is proved also evidently by that which at this day is found and seen in the Indians, where never any notice of Moses law came, and yet no Nation hath ever been found among them, that acknowledgeth not some kind of God, and offereth not some kind of sacrifice unto him. And albeit in the particular means of honouring this God, as also in distinguishing between false gods, and the true God; these people of the Indians have fallen into most gross and infinite errors, as also the Gentiles of Europe, Asia, and Africa did, by the craft and subtlety of the Devil, which abusing their ignorance, did thrust himself into the place of God, and derived and drew those sacrifices and supreme honours unto himself, which were due to God alone; yet is it evident hereby (and this is sufficient for our purpose) that by God and nature, the highest and chiefest end of every commonwealth, is Cultus Dei, the service of God, and religion, and consequently that the principal care and charge of a Prince, and Magistrate even by nature is self, is, to look thereunto, whereof all antiquity both among Jews and Gentiles, were wont to have so great regard, as for many years and ages their Kings and chief Magistrates were also Priests: Genebrard. l. 1, Chronol. de 1. aetate Genes. 25. & 29. Deut. 21. 2. Paral. 21. and divers learned men do hold, that the privilege and pre-eminence of primo genitura, or the first borne children, so much esteemed in the law of nature, consisted principally in this, that the eldest sons were Priests, and had the charge and dignity of this greatest action of all other upon earth, which some temporal Magistrates so little regard now. And this respect and reverence towards religion was so greatly planted in the breasts of all Nations by nature herself, as Cicero pronounced, this general sentence in his time. Cicero li. 1. quest. tusc. & de natura deorum lib. 1. Nulla est gens tam fera, nulla tam immanis, cujus mentem non imbuerit deorum colendorum religio. There is no Nation so fierce or barbarous, whose minds are not endued which some religion of worshipping Gods. And Plutarch writing against a certain Atheist of his time, saith thus: If you travel far Countries, you may chance to find some Cities without learning, without Kings, without riches, without money; but a City without Temples, and without Gods and sacrifices, no man yet hath ever seen. Plutarch adversus Colotem. And finally Aristotle in his politics having numbered divers things necessary to a Commonwealth, addeth these words. Quintum & primum. Circa rem divinam cultus, quod Sacerdotium sacrificiumque vocant. Aristo. l. 7. politi. c. 8. In the fi●t place (which indeed ought to be the first of all other) is necessary to a Commonwealth, the honour and service due unto God, which men commonly do comprehend by the words of Priesthood and sacrifice. All this I have alleged to confute even by the principles of nature herself, the absurd opinions of divers Atheists of our time, that will seem to be great Politics, who affirm that Religion ought not to be so greatly respected in a Prince, or by the Parliament, as though it were their chiefest care, or the matter of most importance in his government, which you see how false and impious it is, even among the Gentiles themselves; but much more among Christians, who have so much the greater obligation to take to heart this matter of Religion, by how much greater light and knowledge they have of God, and therefore we see that in all the Prince's oaths which before you have heard recited to be made and taken by them at their admission and coronation, the first and principal point of all other, is about Religion and maintenance thereof, and according to his oath also of supreme Princes, not only to defend and maintain Religion by themselves in all their States; but also their Lieutenant's and under governor's; we have in our Civil Law a very solemn form of an oath which Justinian the Emperor, above a thousand and fifty years agone, was wont to give to all his Governors of Countries, Cities, and other places, before they could be admitted to their charges, and for that it is very effectual, and that you may see thereby what care there was of this matter at that time; and what manner of solemn and religious protestations, as also imprecations they did use therein, it shall not be amiss perhaps to repeat the same in his own words, which are these following, The title in the Civil Law is, juramentum quod Praestatur, iis qui administrationes accipiunt, the oath which is given to them that receive governments, and then the Oath beginneth thus. Collat. 2. Novella constit Justin. 8. tit. 3. Juro per Deum omnipotentem & filium ejus unigenitum Dominum nostrum Jesum Christum & Spiritum sanctum, & per sanctam gloriosam Dei genitricem & semper Virginem Mariam, & per quatuor Evangelia quae in manibus meis teneo, & per sanctos Archangelos Michaelem & Gabrielem, puram conscientiam germanumque servitium me servaturum sacratissimis nostris Dominis Justiniano & Theodosiae conjugiejus, occasione traditae mihi ab eorum pietate administrationis. Et quod communicator sum sanctissimae Dei Catholicae & Apostolicae Ecclesiae, & nullo modo vel tempore adversaboret, nec alium quocunque permittam quantum possibilitatem habeam, & si vero non haec omnia servavero, recipiam omnia incommoda hic & in futuro seculo in terribili judicio magni Domini Dei & salvatoris nostri Jesu Christi, & habebo partem cum Juda & cum lepra Giezi, & cum tremore Cain, insuper & paenis quae lege eorum pietatis continentur ero subjectus. Which in English is thus; I do swear by Almighty God, and by his holy Son our Lord Jesus Christ, and by the holy Ghost, that I will keep 〈◊〉 pure conscience, & perform true service unto the sacred persons of our Lords & Princes Justinian and Theodosia his wife, in all occasions of this government, by their benignity committed unto me. Moreover I do swear that I am communicant and member of the most holy Catholic and Apostolic Church of God, and that I shall never at any time hereafter be contrary to the same, nor suffer any other to be, as much as shall lie in my possibility to let. And if I should break this oath or not observe any point thereof, I am content to receive any punishment both in this world, as also in the world to come, in that last and most terrible judgement of our great Lord and Saviour Jesus Christ, and to have my part with Judas, as also with the leprosy of Giezi, and with the fear and trembling of damned Cain; and besides all this I shall be subject to all punishments that are ordained in the Laws of their Majesties, concerning this affair. This oath did all the Governors of Christian Countries take in old time, when Christian Emperors did flourish, and it hath remained for a Law and precedent ever since to all Posterity. And if we join this with the other oaths before set down in the fifth chapter, which Emperors and Kings did make themselves (unto their Ecclesiastical Prelates, at their first admission) about this point; we should see nothing was so much respected in admission of a Prince or Governor (nor aught to be) a● religion, for that (as I have said before) this is the chiefest, greatest and highest end of every Commonwealth, intended both by God and nature, to assist their Subjects to the attaining of their supernatural end, by honouring and serving God in this life, and by living virtuously, for that otherwise God should draw no other fruit or commodity out of humane Commonwealths, then of an Assembly of brutish creatures, manitained only and governed for to eat, drink, and live in peace. But the end of man being far higher than this; it followeth that whatsoever Prince or Magistrate doth not attend with care to assist and help his subjects to this end, omitteth the first and principal part of his charge, and committeth high Treason against his Lord and Master, in whose place he is, and consequently is not fit for that charge and dignity, though he should perform the other two parts never so well of temporal justice and valour in his person, which two other points do appertain principally to the humane felicity and base end of man's weal public, and m●ch ●ore of a Christian. Hereof it ensueth also that nothing in the world can so justly exclude an Heir apparent from his succession, is want of Religion, nor any cause whatsoever justify and clear the conscience of the Commonwealth, or of particular, men, that in this case should resist his entrance, as if they judge him faulty in this point, which is the head of all the rest, and for which all the rest do serve. I compare an heir apparent unto a spouse, betrothed only and not yet married, to the Common wealth. Which espousal or betrothing, according to all law both divine and humane, may be broken and made void much easier and upon far lesser causes then an actual perfect marrying may, of which our Saviour himself said, Matth. 14. Quos Deus conjunxit homo non separat. Mar. 10. whom God hath joined let no man separate, and yet S. Paul to the Corinthians determineth plainly, 1. Cor. 7. that if two gentiles married together in their gentility (which none denyeth to be true marriage for so much as concerneth the civil contract) and afterward the one of them being made a Christian, the other will not live with him or her, or if he do, yet notwithout blaspheming of God and tempting him to sin: in this case (I say) the Apostle teacheth, and out of him the Canon law setteth it down for a decree, Lib. 4. decret. Greg tit. 19 c. 7. That this is sufficient to break and dissolve utterly this heathen marriage, although consummate between these two parties, and that the Christian may marry again, and this only for the want of Religion in the other party, which being so in actual marriage already made and consummate, how much more may it serve to undo a bare bethrothing, which is the case of a pretender only to a Crown. But you may say perhaps, that St. Paul speaketh of an Infidel or Heathen, that denyeth Christ plainly, and with whom the other party cannot live, without danger of sin and losing his faith, which is not the case of a Christian Prince though he be somewhat different from me in Religion, to which is answered, that supposing there is but one only Religion that can be true among Christians, as both reason and Athanasius his Creed▪ doth plainly teach us: and moreover seeing, that to me there can be no other faith or Religion available for my salvation then only that which I myself do believe, for that my own conscience must testify for me, or against me: Act. 23. 1. Cor. 8. 2. Cor. 5. 1. Pet. 3. certain it is, that unto me and my conscience he which in any point believeth otherwise then I do, and standeth wilfully in the same, is an Infidel, for that he believeth not that which in my faith and conscience, is the only and sole truth, whereby he must be saved. Mat. 18. And if our Saviour Christ himself in his Gospel, doth will certain men to be held for heathens, not so much for difference in faith and religion, as for lack of humility & obedience to the Church: how much more may I hold him so, that in my opinion is an enemy to the truth, and consequently so long as I have this opinion of him, albeit his Religion were never so true, yet so long (I say) as I have this contrary persuasion of him, I shall do against my conscience and sin damnably in the sight of God, to prefer him to a charge where he may draw many other to his own error and perdition, wherein I do persuade myself that he remaineth? This doctrine (which is common among all Divines Rom. 14) is founded upon that discourse of S, Paul to the Romans and Corinthians, 1. Cor. 1. & 10. against such Christians as being invited to the banquets and tables of Gentiles and finding meats offered to Idols (which themselves do judge to be unlawful to eat) did yet eat the same, both to the scandal of other infirm men there present, as also against their own judgement and conscience, which the Apostle saith, was a damnable sin, and this not for that the thing in itself was evil or unlawful, as he showeth, but for that they did judge it so, and yet did the contrary, Qui discernit si manducaverit damnatus est, saith the Apostle. He that discerneth or maketh a difference between this meat and others, as judging this to be unlawful and yet eateth the same, he is damned, that is to say, he sinneth damnably or mortally. Whereof the same Apostle yieldeth presently his reason, Quia non ex fide, for that he eateth not according to his faith or belief, but rather contrary, for that he believeth it to be cruel and unlawful, doth notwithstanding eat the same: and hereupon S. Paul inferreth this universal proposition, Omne autem quod non est ex fide peccatum est, all that is not of faith or according to a man's own belief, is sin to him, for that it is against his own conscience, judgement and belief, believing one thing, and doing another, S. Chrysost. hom, 36. in hanc epistolam. Orig. l. 10. Theodor. in hunc locum. And seeing our own conscience must be our witness at the last day, to condemn or deliver us, as before I have said, he must needs sin grievously (or damnably as the Apostle here saith) who committeth any thing against his own conscience, though otherwise the thing were not only indifferent, but very good also in itself, for that of the doers part there wanteth no malice or will to sin, seeing he doth that which he apprehendeth to be naught, though in itself it be not. And thus much now for matter of conscience: but if we consider reason of State also, and worldly policy, it cannot be but great folly and oversight for a man of what Religion soever he be, to promote to a kingdom in which himself must live, one of a contrary Religion to himself; for let the bargains and agreements be what they will, and fair promises and vain hopes never so great, yet seeing the Prince once made and settled, must needs proceed according to the principles of his own Religion, it followeth also that he must come quickly to break with the other party, though before he loved him never so well, (which yet perhaps is very hard if not impossible for two of different religions to love sincerely) but if it were so, yet so many jealousies, suspicions, accusations, calumniations & other aversions must needs light upon the party that is of different Religion from the State and Prince, under whom he liveth, as not only he cannot be capable of such preferments, honours, charges, governments, and the like, which men may deserve and desire in their Common wealths, but also he shall be in continual danger and subject to a thousand molestations and injuries, which are incident to the condition and state of him, that is not currant with the course of his Prince and Realm in matters of Religion, and so before he beware, he cometh to be accounted an enemy or backward man, which to remedy he must either dissemble deeply, and against his own conscience make show to favour and set forward that which in his heart he doth detest (which is the greatest calamity and misery of all other, though yet many times not sufficient to deliver him from suspicion) or else to avoid this everlasting perdition, he must break with all the temporal commodities of this life, and leave the benefits which his Country and Realm might yield him, and this is the ordinary end of all such men, how soft and sweet soever the beginnings be. 31. jan. 1647. Imprimatur Gilbert Mabbot. FINIS.