and the Earl of Flanders the Sword Royal so that there are three Dukes three Earls in every one of both Ranks of Spiritual and Temporal Lords and as Gerard noteth the King is apparelled on this day three times and in three several sorts The first as a Priest the second as a King and Warriour the third as a Judge And finally he saith that this Solemnity of Anointing and Crowning the King of France is the most magnificent Gorgeous and Majestical thing that may be seen in the world for which he referreth us not only to the particular Coronations of these two ancient Kings Philip the first and second but also to the late Coronation of Henry the second Father to the last Kings of France which is also in print and indeed is a very goodly and most notable thing to be read though indeed much more to be seen 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 second of England who as the French Histories say was present also at this Coronation and had his Rank among the Peers as Duke of Normandy and held the Kings Crown in his hand and one of his Sons had his Rank also as Duke of Gascony 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 repeat only the Kings Oath which the said Author recounteth in these words The Archbishop of Rhemes 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 the name of all the Clergy and Churches of France Sirs that which we require at your hands this day is that you promise unto us that you will keep all Canonical Priviledges 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 Priviledges Law and Justice due to every man to the utmost of my Power And by Gods 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 je jure promets au Peuple Christien a moy suject ces choses c. Which is in English In the name of Jesus Christ I do Swear and promise to all Christian People subject unto me these points 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 Judgments Justice shall be kept with Equity and Mercy to the end that God of his Mercy may conserve unto me with you my People his Holy grace and mercy Thirdly endeavour as much as possible shall lie in me to chase and drive out of my Realm and all my Dominions all such as the Church hath or shall declare for Hereticks as God shall help me and his Holy Gospels Thus Sweareth the King and then kisseth the Gospel and immediatly 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 Scepter Crown and the other Kingly Ornaments and Ensigns are brought and put upon him with Declaration first what they signifie 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 c. Be you stable and constant and hold your Place and Right from hence forth 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 and 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 too 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 not 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 whom God caused to be anointed by his Priests and Prophets in token of his Election and as a singular Priviledge of Honour and Preheminence unto them whereof King David made so great account when he said to the Souldier that had killed Saul his Enemy in the War quare non timuisti 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 that Saul had been long before deposed and rejected by God and that himself had lawfully born 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 then I say it is that albeit the substance of this ceremony of Anointing Kings be much elder than the Christian Kingdom of France yet is this particular and Majestical manner of doing the same by way of Coronation the most antient in France above all other Kingdoms round about especially if it began with the
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 Councils of Rome were but for one year other Officers and Magistrates were for more or less time as their Common-wealth did alot 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 as I have said 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 Farara Vrbin and Parma are limited only to Heirs Male and for defect thereof to return to the Pope or See of Rome Florence and Mantua for like dedefects 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 Common-wealth it self 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 the like also with Switzerland which once was one Common-wealth only under Dukes and Marquesses of Austria and now are devided into thirteen Cantons or Common-wealths 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 born within the same Realm or Countrey 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 then home born Princes But if it be meant as though any Prince had his particular Government or Interest to succeed by Institution of Nature it is ridiculous for that Nature giveth it not as hath been declared but the particular Constitution of every Common-wealth within it self and so much for this first point which must be the ground to all the rest that I have to say CHAP. II. Of the Form of Monarchies and Kingdoms in Particular and the different Laws whereby they are to be Obtained Holden and Governed in divers Countries according as each Commonwealth hath Chosen andâ— Established ALL that hitherto hath been spoken hath appertained to all Princely and Supream Government in general but now for that our matter in question is concerning the Succession to a Kingdom good reason that we should reduce our Speech unto this Form of Government in particular First of all then is to be considered that of all other Forms of Government the Monarchy of a King in it self appeareth to be the most excellent and perfect and so doth hold not only Aristotle in his forenamed Books of Politiques 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 dicusseth An seni sit Respub tractanda whether an old man ought to take upon him the Government of a Common-wealth or no Where he saith that Regnum inter omes Respub consumatissima prima est a Kingdom is the most perfect Common-wealth among all other and the very first That is to say the most perfect for that it hath most Commodities and least inconveniences in it self of any other Government and it is the first of all other for that all people commonly made this 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 Governours were Kings and when the Children of Israel did ask a King at the hands of Samuel which was a thousand years before the coming of Christ they alleadged for one reason that all Nations round about them had Kings for their Governours and at the very same time the chiefest Cities and Commonwealths of Greece as the Laceaemonians 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 Dionysius Halicarnessas Cornelius Tacitus Cicero and others 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 St. Hierome and St. Chrisostom this kind of Government resembleth most of all the Government of God that is but one it representeth the excellency of one Sun that lighteth all the Planets of one Soul in the Body that governs all the Powers and Members thereof and finally they shew it also to be most conform unto Nature by example of the Bees which do chuse unto themselves a King and do live under a Monarchy as the most excellent of all other Governments to which purpose also I have heard alleadged sometimes by divers those words of St. Peter Subjecti estoti omni humanae creaturae propter Deum sive regi quasi precellenti sive ducibus ab eo missis c Be you subject of every humane creature for Gods 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 Out of which words some do note two points first that as one the one side the Apostle doth plainly teach that the Magistrates authority is from God by his first institution in that he sayeth we must be subject to them for Gods cause so on the other side he calleth it a humane Creature or a thing created by man for that by mans free choice this particular Form of Government as all other also is appointed in every Common-wealth as before hath been declared And that by mans Election and consent the same is laid upon some particular man or woman according to the Laws of every Countrey all which maketh it rightly to be called both a humane creature and yet from God The second point which divers do note out of these words is that St. Peter calleth a King most excellent which though it may be understood in respect of the Dukes Authority whereof immediatly 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 Apostles write this Epistle the chief Governour of the World was not called King but Emperor and therefore seeing in such a time St. 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 it self 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 then 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 in dispatching of business and is defending the Common-wealth then where many heads be less Passions also in one man then in many as for example in Democratia 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 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 insense or asswage them with Sugred 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 inkindle the fire of the vulgar peoples affections passions or furies at their pleasure by which we see that of all other Common-wealths these of Popular Government have have soonest come to ruine which might be shewed not only by old examples of Greece Asia and Africa but also of many Cities in Italy as Florence Bolonia Siena Pisa Arezzo Spoleto Perugia Padua and others which upon the fall or diminution of the Roman Empire under which they were before took unto themselves Popular Governments wherein they were so tossed with continual Sedition Mutinies and banding of Factions as they could never have end thereof until after Infinite Murthers Massacres and Innundation 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 joyned together in Authority as it doth participate some thing 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 it inclineth more to the evil for the disunion that commonly by mans 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 chuse Senators were inforced in the end to chuse Dukes also as Heads of their Senates for avoiding of dissention and so they have them 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 Cannas which was the very cause of the saving of the Roman Empire and the loss of their own As also afterwards the Emulations Discord and Disunion of the Roman Senators among themselves in the Affairs and Contentions of Marius and Silla and of Pompey and Caesar was the occasion of all their destruction and of the Common-wealth with them Evident then it is that of all other Governments the Monarchy is the best and least subject to the Inconveniences that other Governments have and if the Prince that governeth alone and hath Supream 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 Judgment 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 judgment and make him therein as like in Government to God whom he representeth as mans 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 mens quaedam nullo perturbata affectu it is a certain mind disquited with no disordinate affection as mens minds commonly be for that when a Law is made for the most part it is made upon due consideration 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 Common-wealth which Law being once made remaineth so still without alteration or partial affection being indifferent to all and partial to none but telleth one tale to every man and in this it resembleth the perfection as it were of God himself for the which cause the said Philosopher in the same place addeth a notable wise saying viz. That he which joyneth a Law to govern with the Prince joyneth God to the Prince but he that joyneth to the Prince his affection to govern joyneth a Beast for that mens affections and concupisenses 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 bruitified 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 for that nothing is so outragious as Injustice armed and no Armour is so strong as Wit and Authority whereof the first he hath in that he is a Man and the other in that he is a Prince For this cause then all 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 For which very reason in like manner these Laws have been called by Phylosophers 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 a King seemeth to call it by the name of Discipline for that as Discipline doth keep all the parts of a Man or of a particular House in order so Law well ministred keepeth all the parts of a Commonwealth in good order and to shew how severely God exacteth this at all Princes hands he saith these words And now learn ye Kings and be instructed you that judge the World Serve God in fear and rejoyce in him with trembling embrace ye Discipline lest he enter into wrath and so ye perish from the way of Righteousness Which words being uttered by a Prophet and a 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 Shipwrack And thus much for the first help The second help that Commonwealths have given to their Kings and Princes especially in latter Ages hath been certain Counsels and Counsellors with whom to consult in matters of importance as we see the Parliaments of England and France the Courts in Spain and Dyets in Germany without which no matters of moment can be concluded And besides this commonly every King hath his Privy-Councel whom he is bound to hear and this was done to temper somewhat the absolute 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 Politicks shewing the inconvenience or dangers of Government which is the cause that we have few or no simple Monarchies now in the world especially among Christians but all are mixt lightly with divers points of the other two 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 that 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 limitations of the Princes absolute Authority as you see do come from the Common-wealth as having Authority above their Princes for their restraint to the good of the Realm as more at large shall be proved hereafter 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 that 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 adays but yet their Children or next in Bloud succeeded them not of necessity but new Kings were chosen partly by the Senate and partly by the People as Titus Livius testifieth so as of three most excellent Kings that ensued immediately after Romulus viz. Numa Pompilius Tullius Hostilius and Tarquinus Priscus none of them were of the Bloud-Royal nor of Kin the one to the other no nor yet Romans born but chosen rather from among strangers for their Vertue and Valour and that by election of the Senate and consent of the People In Greece and namely among the Lacedemonians which was the most eminent Kingdom among others at that time the succession of Children after their Fathers was more certain but yet as Aristotle noteth 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 chastned by them if occasion served but also deprived and sometimes put to death For which cause the said Phylosopher did justly mislike this eminent Jurisdiction of the Ephori over their Kings But yet we see hereby what Authority the Commonwealth had in this case and what their meaning was in making Laws and restraining their Kings 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 moraâ—i reges olim sunt constituti c. at cum jus aequabile ab uno viro homines non consequerentur inventae sunt leges 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 mans hands they invented Laws The same reason yieldeth the same Phylosopher in another place not only of the first Institution of Kingdoms but also of the change thereof again into other Governments when these were abused Omnes antiquae gentes regibus quondam paruerunt c. 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 Postesity 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 he 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 entring of Servius 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
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 and esterwards 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 Rhemes with all the Court and Train to celebrate the Coronation upon the Feast of Whitsunday Thus far are the words of William de Nangis alledged in the History of France by Belforest And it is to be noted First how the King did request the Noblity and People to admit his Son and secondly how he did ask their consents apart for that these two points do evidently 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 Subject 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 the 32 year of the Reign of King Henry the first of that Name of France and in the 4 th year of the Seat and Bishoprick of Rhemes and on the 23 d. day of May being Whitsunday King Philip I. was anointed by the said Archbishop Gervais in the great Church of Rhemes before the Altar of our Lady with the Order and Ceremony that ensueth The Mass being done when it came to the reading of the Epistle the said Lord Archbishop turning about unto Philip the Prince that was there present declared unto him what was the Catholick Faith and asked him Whether he did believe it and wheâ— 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 an audible voice and signed it with his own hand and the words of the Oath were these Je Philippe par le grace de Dieu prochain d'estre ordonné Roy de France promets au jour de mon sacré devant Dieu fes Sanctes c. That is in English for I will not repeat all the Oath in French by reason it is somewhat long 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 all that Ecclesiastical Prelates all Canonical Priviledges and all Law and Justice due unto every one of you and I will defend you by the help of Godâ— as 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 Equity 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 Rhemes and the Bishop of Syen and Bisanson Legats of the Pope standing by with a very great number of other Bishops of the Realm And the said Archbishop taking the Cross of St. Remigius in his hand he shewed first to all the audience the ancient Authority which the Archbishops of Rhemes had even from the time of St. Remigius that baptized their first Christian King Clodoveus to Anoint and Crown the Kings of France which he said was confirmed unto them by the Priviledge of Pope Hormisda that lived in the year of Christ 5 16. and after also by Pope Victor and this being done he then by license first asked of King Henry the Father there present did choose Philip for King II eslent le dit Philippe son fils 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 voulons soit fait nostre Roy that is We will have him let him be made our King And presently Te Deum Laudamus was sung in the Choir 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 this King Philip the First who was crowned in France seven Years before our William the Conquerour who also was present at this Coronation and had the third place among the Temporal Princes as Duke of Normandy entred into England but after this time the manner and ceremonies were somewhat altered and made more Majestical in outward shew and this especially by King Lewis sirnamed the Younger 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 sirnamed Augustus whom he caused also to be crowned in his days as his Grand-father Philip had been and as himself had been also in his Fathers days This Man among other Royal ceremonies ordained the Officers of the twelve Peers of France six Ecclesiastical and six Temporal who are they which ever since have had the chiefest Places and Offices in this great Action for that the foresaid Arch-Bishop of Rhemes entituled also Duke of Rhemes hath the first and highest Place of all others and anointeth and crowneth the King The Bishop and Duke of â—aon bear the glass of Sacred Oyl The Bishop and Duke of Langres the Cross the Bishop and Earl of Bevais the mantle-Royal the Bishop and Earl of Noion the King's Girdle And last of all the Bishop and Earl of Chalons do carry the Ring And these are the six Ecclesiastical Peers of France with their Offices in the Coronation The Temporal Peers are the Duke of Burgundy Dean of the Order who in this day of Coronation holdeth the Crown the Duke of Gascony and Guyene the first Banner quartered the Duke of Normandy the second Banner quartered the Earl of Tolousa the Golden Spurs the Earl of Champany the Banner Royal or Standard of War
married to the King of Norway all which Issue and Line ended about the year 1290. David younger Brother to King William had Issue two daughters Margaret and Isabel Margaret was married to Alain Earl of Galloway and had Issue by him a daughter that married John Balliol Lord of Harcourt in Normandy who had Issue by her this John Balliol Founder of Balliol Colledge in Oxford that now pretended to the Crown as descended from the eldest daughter of David in the third descent Isabel the second daughter of David was married to Robert Bruse Earl of Cleveland in England who had Issue by her this Robert Bruse Earl of Carick the other competitor Now then the question between these two competitors was which of them should Succeed either John Balliol that was Nephew to the elder daughter or Robert Bruse that was Son to the younger daughter and so one degree more near to the Stock or Stem then the other And albeit King Edward the first of England whose power was dreadful at that day in Scotland having the matter referred to his arbitrement gave sentence for John Balliol and Robert Bruse obeyed for the time in respect partly of fear and partly of his Oath that he had made to stand to that Judgment yet was that sentence held to be unjust in Scotland and so was the Crown restor'd afterward to Robert Bruse his Son and his posterity doth hold it unto this day In England also it self they alledge the examples of K. Henry the first preferred before his Nephew William Son and Heir to his elder Brother Robert as also the example of K. John preferred before his Nephew Arthur Duke of Britany for that King Henry the second had four Sons Henry Richard Geffery and John Henry died before his Father without Issue Richard Reigned after him and died also without Issue Geffery also died before his Father but left a Son named Arthur Duke of Britany by right of his Mother But after the death of King Richard the question was who should Succeed to wit either Arthur the Nephew or John the Uncle but the matter in England was soon desided for that John the Uncle was preferred before the Nephew Arthur by reason he was more near to his Brother dead by a degree then was Arthur And albeit the King of France and some other Princes abroad opposed themselves for stomack against this Succession of King John yet say these favourers of the House of Lancaster that the English inclined still to acknowledge and admit his right before his Nephew and so they proclaimed this King John for King of England while he was yet in Normandy I mean Hubert Archbishop of Canterbury Eleanor the Queen this Mother Geffery Fitz-peter chief Judge of England who knew also what law meant therein and others the Nobles and Barons of the Realm without making any doubt or scruple of his title to the Succession And whereas those of the House of York do alledge that King Richard in his life time when he was to go to the holy Land caused his Nephew Arthur to be declared Heir apparent to the Crown and thereby did shew that his title was the better they of Lancaster do answer first that this declaration of King Richard was not made by act of Parliament of England for that King Richard was in Normandy when he made this declaration as plainly appeareth both by Polidor and Hollingshed Secondly that this declaration was made the sooner by King Richard at that time thereby to repress and keep down the ambitious humor of his Brother John whom he feared least in his absence if he had been declared for Heir apparent might invade the Crown as indeed without that he was like to have done as may appear by that which happened in his said Brothers absence Thirdly they shew that this declaration of King Richard was never admitted in England neither would Duke John suffer it to be admitted but rather caused the Bishop of Ely that was left Governour by King Richard with consent of the Nobility to renounce the said declaration of King Richard in favour of Arthur and to take a contrary Oath to admit the said John if King Richard his Brother should die without Issue and the like Oath did the said Bishop of Ely together with the Archbishop of Roan that was left in equal Authority with him exact and take of the Citizens of London when they gave them their Priviledges and Liberties of Commonalty as Hollingshed recordeth And lastly the said Hollinshed writeth how that King Richard being now come home again from the War of Jerusalem and void of that jealousie of his Brother which before I have mentioned he made his last Will and Testament and ordained in the same that his Brother John should be his successor and caused all the Nobles there present to swear Fealty unto him as to his next in bloud for which cause Thomas Walsingham in his story writeth these words Johannis filius junior Henrici 2. Anglorum regis Alienorae Ducissae Aquitaniae non modo jure propinquitatis sed etiam testamento fratris sui Richardi designatus est successo post mortem ipsius which is John younger Son of Henry the second King of England and of Eleanor Dutchess of Aquitain was declared successor of the Crown not only by Law and right of nearness of bloud but also by the Will and Testament of Richard his Brother Thus much this ancient Chronicler speaketh in the testifying of King John's Title By all which examples that fell out almost within one age in divers Nations over the World letting pass many others which the Civilian touched in his discourse before for that they are of more ancient times these favourers of the House of Lancaster do infer that the right of the Uncle before the Nephew was no new or strange matter in those days of King Edward the third and that if we will deny the same now we must call in question the succession and right of all the Kingdoms and States before-mentioned of Naples Sicily Spain Britany Flanders Scotland and England whose Kings and Princes do evidently hold their Crowns at this day by that very Title as hath been shewed Moreover they say that touching Law in this point albeit the most famous Civil Lawyers of the World be somewhat divided in the same matter some of them favouring the Uncle and some other the Nephew and that for different reasons as Baldus Oldratus Panormitanus and divers others alledged by Gulielmâ—â— Benedictus in his Repetitions in favour of the Nephew against the Uncle And on the other side for the Uncle before the Nephew Bartolus Alexander Decius Altiatus Cujatius and many other their followers are recounted in the same place by the same man yet in the end Baldus that is held for head of the contrary side for the Nephew after all reasons weighed to and fro he cometh to conclude
naturae the voice of nature her self for there was never yet Nation found either of ancient time or now in our days by 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 of the beginning of the Civil Law and of all Magistrates which beginning is referred to this first principle of Natural Instinct and Gods Institution And last of all that God did concur also expresly 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 and St. Paul to the Romans avoucheth That Authority is not but of God and therefore he which resisteth Authority resisteth God Which is to be understood of Authority Power or Jurisdiction in it self 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 as afterwards more particular shall be declared for then it is not lawful Authority These two points then are of Nature to wit the Common-wealth and Government of the same by Magistrates but what kind of Government each Common-wealth will have whether Democretia which is Popular Government by the People it self as Athens Thebes and many other Cities of Greece had in old time and as the Cantons or Switzers at this day have Or else Aristocretia which is the Government of some certain chosen number of the Best as the Romans many years were governed by Councels and Senators and at this day the States of this Countrey of Holland do imitate the same or else Monarchia which is the Regiment of one and this again either of an 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 as often hath been said but these particular Forms are left unto every Nation or Countrey to chuse 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 Politiques very largely laying down divers kinds of Government in his days as namely in Greece that of the Milesians Lacedemonians Candians and others and shewing the causes of their differences which he attributeth to the diversity of mens Natures Customs Educations and other such causes that made them make choice of such or such Forms 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 Councils which were two Governours for every year whose Authority yet they limited by a multitude of Senators which were of their Council and these mens power was restrained also by adding Tribunes of the people and some time Dictators 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 Common-wealths of Greece 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 have a King for their Soveraign Rome the Pope and under him one Senator in place of so many as were wont to be in that Common-wealth Venice and Genua have Senators and Dukes but little Authority have their Dukes Florence Farara Mantua Parma Vrbin and Savoy have their Dukes only without Senators and their power is absolute Milan was once a Kingdom but now a Dukedom the like is of Burgundy Lorain Bavire Gascony and Britain the lesser all which once had their distinct Kings and now have Dukes for their Supream Governours The like may be said of Germany that many years together had one King over all which now is divided into so many Dukedoms Earldoms and other like Titles of Supream Princes But the contrary is of Castile Aragon 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 Pharamond their first King and so continued for many years under Clodion Merovys Childrik and Clodovaeus there first Christened Kings but after they divided it into four Kingdoms to wit one of Paris another of Soissons 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 Brittains 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 Gods permission and approbation who in token thereof suffered his own peculiar people also of Israel to be under divers manners of Governments in divers times as first under Patriarchs Abraham Isaac and Jacob then under Captains as Moses Joshua and the like then under Judges as Otheniel Aiod and Gideon then under High Priests as Hely 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 Forraign Kings appointed by them So as of all this there can be no doubt but that the Common-wealth hath power to chuse their own Fashion of Government as also to change the same upon reasonable causes as we see they have done 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 sithence In like manner is it evident that as the Common-wealth hath this authority to chuse and change her Government