speake otherwise then you thinke There is no authoritie which the people hath in matters of state but it may bee either bound or streightned by three meanes The first is by cession or graunt for so the Romans by the law of royaltie yeelded all their authoritie in gouernment to the Prince Of this lawe Vlpian maketh mention and Bodin reporteth that it is yet extant in Rome grauen in stone So the people of Cyrene of Pergame and of Bithynia did submit themselues to the Empire of the Romanes So the Tartarians commit absolute power both ouer their liues and their liuings to euerie one of their Emperours so haue our people manie times coÌ„mitted to their king the authoritie of the parliament either generallie or els for some particular case For it is held as a rule that any man may relinquish the authoritie which he hath to his owne benefit fauour Neither is he againe at pleasure to be admitted to that which once hee did thinke fit to renounce And as a priuate man may altogether abaÌ„don his free estate and subiect himselfe to seruile condition so may a multitude passe away both their authoritie and their libertie by publike consent The second is by prescription and custome which is of strength in all parts of the world least matters should alwaies float in vncertaintie and controuersies remaine immortall And that this authoritie of the people may be excluded by prescription it is euident by this one reason which may be as one in a third place of Arithmeticke in standing for a hundred Euerie thing may be prescribed wherein prescription is not prohibited but there is no lawe which prohibiteth prescription in this case and therefore it followeth that it is permitted And generallie custome doth not only interpret law but correcteth it and supplieth where there is no lawe in somuch as the common lawe of England as well in publick as priuate controuersies is no other a fewe maximes excepted but the common custome of the Realme Baldus saith that custome doth lead succession in principalities which Martinus aduiseth to fixe in memorie because of the often change of Princes and the particular custome of euerie nation is at this day the most vsuall and assured law betweene the Prince and the people And this doe thâ— Emperours Honorius and Arcadius in these wordes coÌ„mand punctuallie to be obserued Mos namque retinendus est fidelissimae vetustatis the custome of faithful antiquitie must be retained which place is to this sense ballanced by Pau. Gastrensis Frane Aretinus and Phil. Corneus who termeth it a morall text The like whereto is found also in the Canon lawe and noted by the Glossographer Archidiaeonus Romanus and Cepola Neither were the Fathers of the Nicene councel of other opinion who thus decreed Let auncient customes stand in strength Whereto also agreeth that old verse of Ennius Moribus antiquis res stat Romana virisque Customes and men of oldest sort The Romane state do best support which is cited by Saint Austin and esteemed by Cicero both for breuitie and truth as an oracle To the same sense Periander of Corinth said that old lawes and new meates were fittest for vse which saying Phauorinus in Gellius did in this manner a little vary Liue after the passed manner speake after the present Hereto also pertaineth that edict of the censors mentioned by Suetonius Aul. Gellius Those things which are beside the custome and fashion of our Elders are neither pleasing nor to be adiudged right Of this point I shall haue occasion more particularlie hereafter to write The third meanes whereby the people may loose their authoritie is by way of conquest For howsoeuer Saint Augustine and after him Alciate doe disallowe ambition of enlarging Empire and tearme warres vpon this cause great theeueries Whereupon Lucane and his vncle Seneca called Alexander the Great a great robber of the world Yet there is no doubte but the sentence of victorie especiallie if the war was vndertakeÌ„ vpon good cause as the conqueror being made his own arbitrator wil hardlie acknowledge the contrarie is a iust title of acquisition reducing the vanquished their priuileges liberties and whole estate vnder the discretion of him that is victorious Caesar sayth He geueth all that denieth right which sentence is approoued by Couaruuias affirming that the victor maketh all which his sword touâ—heth to be his owne So sayth Baldus that he doth his pleasure vpon the vanquished and againe Caesar in the speech of Ariouistus it is the law of armes that the victorious should commaÌ„d those whom they haue subdued euen as they please Clemens Alexandrinus saith the goods of enemies are taken away by right of warre Isocrates hath written that the Lacedaemonians did by title of victorie in this sort maintaine their right We hold this land giuen by the posteritie of Hercules confirmed by the Oracle of Delphos the inhabitantes thereof being ouercome by warre Which was not much vnlike that which Iephte captaine of Israell expostulated with the Ammonites Are not those things thine which Chamos thy God hath possessed but whatsoeuer the Lord our God hath conquered pertaineth vnto vs. Yea God doth expressely giue to the people of Israel the cities which they should subdue some into ful possession others into seruitude subiection by which title Iacob also had giuen to Ioseph his partage among his brethreÌ„ euen the land which he had taken froÌ„ the Amorites with his sword and with his bow It was vsuall to the Romans and as Appian saith iust to retaine principall or direct dominion in al thinges which they brought vnder the sway of their sworde Brissonius hath collected certaine examples of the forme of yeelding vnto the Romans whereby al prophane sacred al humane and diuine matters were submitted vnto them Seeing therefore that the people may so many wayes loose both their power and their right in affaires of state is not your ignorance aduenturous so generallie to affirme that if no one forme of gouerment bee naturall there is no doubt but the people haue power both to alter and limit the same as they please Can no lawe no custome no conquest restraine them Your pen doth range and your iudgement rage beyond al compasse and course of reason You should haue said that there is no doubt but if by al or any of these meanes the right both of succession and gouernment be setled in one familie according to propinquitie and prioritie of bloud the people may neither take away nor varie the same and if they doe they commit iniustice they violate the law of nations whereby they expose themselues not onlie to the infamie and hate of al men but to the reuenge of those who wil attempt vppon them
sort to excuse them They are the best that your starued both cause and conceipt can possibly affoord and you haue also some fellowes in your folly Heliogabalus did solemnely ioyne the statues of the Sunne and of the Moone in mariage together Nero was maried to a man and tooke also a man to his wife The Venetians doe yearely vpon Ascention day by a ring and other ceremonies contract mariage with the sea But now in earnest men do dye whensoeuer it pleaseth God to call them but it is a Maxime in the common law of England Rex nunquam moritur The king is alwaies actually in life In Fraunce also the same custome hath bene obserued and for more assurance it was expresly enacted vnder Charles the fifth That after the death of any king his eldest sonne should incontinently succeede For which cause the ParliameÌ„t court of Paris doth accompanie the funeral obsequies of those that haue bene their kings not in mourning attire but in scarlet the true ensigne of the neuer-dying Maiestie of the Crowne In regard of this certaine and incontinent succession the Glossographer vpon the Decrees noteth That the sonne of a king may be called King during the life of his father as wanting nothing but administration wherein he is followed with great applause by Baldus Panormitane Iason Carol. Ruinus Andreas Iserna Martinus Card. Alexander Albericus Fed. Barbatius Philip Decius Ant. Corsetta Fra. Luca Matthe Afflict And the same also doth Sernius note out of Virgil where he saith of Ascanius Regemque requirunt his father Aeneas being yet aliue But so soone as the king departeth out of life the royaltie is presently transferred to the next successor according to the lawes and customes of our Realme All Writs go foorth in his name all course of iustice is exercised all Offices are held by his authoritie all states all persons are bound to beare to him alleageance not vnder supposall of approbation when hee shall be crowned according to your dull and drowsie coniecture but as being the true Soueraigne king of the Realme He that knoweth not this may in regard of the affaires of our state ioyne himself to S. Anthony in glorying in his ignorance professing that he knoweth nothing Queene Mary raigned three monâ—ths before she was crowned in which space the Duke of Northumberland and others were condemned and executed for treason for treason I say which they had committed before she was proclaimed Queene King Edward the first was in Palestina when his father dyed in which his absence the Nobilitie and Prelates of the Realme assembled at London and did acknowledge him for their king In his returne homeward he did homage to the French king for the lands which he held of him in France He also repressed certaine rebels of Gascoine amongst whom Gasco of Bierne appealed to the court of the king of Fraunce where king Edward had iudgement that Gasco had committed treason and therupon he was deliuered to the pleasure of king Edward And this hapned before his coronation which was a yeare and nine monâ—ths after he began to raigne King Henry the sixth was crowned in the eighth yeare of his raigne and in the meane space not onely his subiectes did both professe and beare alleageance but the King of Scottes also did sweare homage vnto him What neede I giue any more either instance or argument in that which is the cleare lawe the vncontroulled custome of the Realme Against which notwithstanding your weather-beateÌ„ forehead doth not blush to oppose a blind opinion that heires apparant are not true kings although their titles be iust and their predecessors dead This you labour to prooue by a few drye coniectures but especially and aboue all others you say because the Realme is asked three times at euery coronation whether they will haue such a man to be their king or no. First wee haue good reason to require better proofe of this question then your bare word secondly although we admit it to be true yet seeing the aunswer is not made by the estates of the Realme assembled in parliament but by a confused concurse necessarie Officers excepted of all sorts both of age and sexe it is for ceremonie only not of force either to giue or to increase any right Another of your arguments is for that the Prince doth first sweare to gouerne well and iustly before the subiects take their oath of alleageance which argueth that before they were not bound And further you affirme that it happened onely to king Henry the fifth among his predecessors to haue fealtie done vnto him before hee was crowned and had taken his oath I confesse indeed that Polydore and Stâ—w haue written so but you might easily haue found that they write not true the one of them being a meere straunger in our state the other a man more to be commended for indeuour then for art King Iohn being in Normandie when his brother dyed sent into England Hubert Archbishop of Canterburie VVilliam Marshall Earle of Strigvile and Geoffrie Fitzpeter Lord chiefe â—ustice who assembled the States of the Realme at Northhampton and tooke of them an oath of obedience to the new king Also king Henry the third caused the Citizens of London the Guardians of the Cinque-ports and diuers others to sweare fealtie to Prince Edward his sonne who being in Palestina when his father died the Nobilitie and Prelates of the Realme assembled in the new temple at London and did acknowledge him for their king And in like manner king Edward the third tooke an oath of all the Nobilitie of the Realme of faith after his death to Richard Prince of Wales and so did king Henry the first for his daughter Mawde and her yong sonne Henry After the death of king Henry the fifth that subiects did often sweare alleageance before the coronation and oath of the king you had neither countenance nor conscience to deny but it was neither of these two which did restraine you it proceeded onely from the force of truth which will manifest it selfe whatsoeuer art we vse to disguise it For otherwise what countenance what conscience had you to affirme that it is expresly noted by our English Historiographers That no alleageance is due vnto kings before they bee crowned Who are these Historiographers where doe they so write you that search euery dustie corner of your braines for a fewe ragged reasons to vphold your heresie should not either haue mentioned or omitted such pregnant proofes for in that you affirme and do not expresse them you condemne your selfe by your owne silence If you meane that which you alleadge out of Polydore and Stowe That an oath of fealtie was neuer made before coronation vntill the time of king Henry the fifth it is neither true nor to any such sence If you meane that of Polydore in tearming Henry the fift Prince and not King before he
vntil it was violently drawn froÌ„ Sardanapalus to the Medes From them also Cyrus by subuersion of Astyages did transport it to the Persians and from them againe the Grecians did wrest it by conquest After the death of Alexander his captaines without any consent of the people made partition of the empire among them whose successors were afterwards subdued by the armies and armes of Rome And this empire beeing the greatest that euer the earth did beare was in the end also violentlie distracted by diuers seueral either conquests or reuolts Leo After writeth that it is not a hundred yeares since the people of Gaoga in Africk had neither king nor Lord vntill one hauing obserued the greatnesse and maiestie of the king of Tombute did enterprise to attaine soueraigntie aboue them which by violence he effected and left the same to his posteritie And because I will not bee tedious in running through particulars giue you an instance of anie one people which hath not diuers times receiued both Prince and gouernment by absolute constraint Et Phillidasolus habeto and I will yeeld to all that you affirme But failing herein you shall bee enforced to confesse that in manie yea in most if not in all countries the people haue receiued libertie either from the graunt or permission of the victorious Prince and not the prince authoritie from the vanquished people What helpes nowe doe you imagine that the people haue assigned to their Prince The first you affirme to be the direction of lawes But it is euident that in the first heroicall ages the people were not gouerned by anie positiue lawe but their kings did both iudge and commaund by their word by their will by their absolute power and as Pomponius saith Omnia manu a regâ—bus gubernabantur Kings gouerned all things without either restraint or direction but onely of the lawe of nature The first lawe was promulged by Moses but this was so long before the lawes of other nations that Iosephus writeth It was more ancient then their gods affirming also that the word Law is not found in Homer or in Orpheus or in anie Writer of like antiquitie Of this law of nature Homer maketh mention in these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And they who keepe the lawes which God hath prescribed And againe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vnciuill and vniust is he and wanting priuate state Who holdeth not all ciuill war in horror and in hate And of the iustice of kings he writeth in this maner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In which verses Chrysostome affirmeth by the iudgment of Alexander that Homer hath delineated the perfect image of a King but that hee maketh mention of anie positiue lawes I doe rather doubt then assuredlie denie For Kings in auncient times did giue iudgment in person not out of any formalitie in lawe but onlie according to naturall equitie Virgil saith Hoc Priami gestamen erat cumiura vocatis More daret populis This was the robe which Priamus did alwaies vse to weare When he the people to him called their causes for to heare Which he doth also affirme of Aeneas Dido and of Alcestes The like doth Herodotus report of Midas king of Phrygia who consecrated his tribunall to Apollo and the like also dooth Plutarch of diuers kings of Macedonia Philarchus affirmeth in Athenaeus that the kings of Persia had palme trees and vines of goulde vnder which they did sit to heare causes But because it grew both troublesome tedious for al the people to receiue their right from one man lawes were inuented as Cicero saith and officers also appointed to execute the same Another original of lawes was thus occasioned When anie people were subdued by armes lawes were laid like logs vpon their necks to keepe them in more sure subiection which both because it is not doubtful and to auoid prolixitie I will manifest onlie by our owne example When the Romans had reduced the best part of this Iland into the forme of a prouince as they permitted libertie of lawe to no other countrie vnder their obedience so here also they planted the practise of their lawes and for this purpose they sent ouer manie professors and among others Papinian the most famous both for knowledge and integritie of all the authors of the ciuill lawe Againe when the Saxons had forced this Realme and parted it into seauen kingdomes they erected so manie settes of law of which onelie two were of continuance the Mercian lawe and the West Saxon law After these the Danes became victorious and by these newe Lordes new lawes were also imposed which bare the name of Dane-lawe Out of these three lawes partlie moderated partlie supplied King Edward the confessor composed that bodie of lawe which afterwardes was called Saint Edwards lawes Lastly the Normans brought the land vnder their power by whom Saint Edwards lawes were abrogated and not onlie new lawes but newe language brought into vse in somuch as all pleas were formed in French and in the same tongue children were taught the principles of Grammar These causes wee find of the beginning of lawes but that they were assigned by the people for assistance and direction to their kinges you bring neither argument nor authoritie for proofe it is a part of the drosse of your owne deuise The second helpe which you affirme that common wealthes haue assigned to their kings is by parliaments and priuie councelles But Parliaments in al places haue bin erected by kings as the parliament of Paris and of Montpellier in Fraunce by Philip the Faire the parliament in England by Henrie the first who in the sixteenth yeare of his raigne called a councell of all the states of his realme at Salisburie which our Historiographers do take for the first Parliament in England affirming that the kings before that time did neuer call the common people to counsell After this the priuie councell at the instance of the Archbishop of Canterburie was also established and since that time the counsellors of state haue alwaies bin placed by election of the Prince And that it was so likewise in auncient times it appeareth by thaâ— which Homer writeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 First hee established a councell of honorable old men And likewise by Virgill gaudet regno Troianus Acestes Indicitque foru et patribus dat iura vocatis Acestes of the Troiane bloud in kingdome doth delight He sets a Court and councell cals giues ech man his right I will passe ouer your course foggio drowsie conceite that there are few or none simple monarchies in the world for it would tire any â—to toyle after your impertinent errours and wil now rip vp your packet of examples whereby you indeuour to shew that the power of kings hath bin brideled by their subiects But what do you infer hereby What can you inforce will you
parlament vvas king Richard deposed vvher did the states assemble vvhen did they send for the earle of Richmond to put him down by what decree by vvhat messengers Ther is no answer to be made but one and that is to confesse ingenuously that you say vntrue that it is your vsuall manner of deceiuing to impute the act of a few vnto all to make euerie euent of armes to be a iudicial proceeding of the common wealth For it is manifest that the earle of Richmond had his first streÌ„gth from the king of France that after his discent into England more by halfe both of the nobilitie common people did stand for king Richard then stirre against him You adioyne for a speciall consideration that most excellent princes succeeded these vvhom you affirme to be deposed I vvill nor extenuate the excellencie of any Prince but I hould it more vvorthie to be considered that these disorders spent England a sea of bloud In the ende you conclude that all these depriuations of Princes vvere lawfull Nay by your fauour if you sweat out your braines you shall neuer euince that a fact is lawfull beecause it is done Yes you say for othervvise two great inconueniences vvould follow one that the actes of those that vvere put in their place should be voide and vniust the other that none vvho now pretend to these Crownes could haue any tytle â—or that they descend from them vvho succeeded those that were depriued You deserue now to be basted with words vvell stiped in vineger and salt but I will be more charitable vnto you and leaue bad speaches to black mouthes For the first the possession of the crowne purgeth all defects and maketh good the actes of him that is in authoritie although he vvanteth both capacitie and right And this doth Vlpian expressely determine vpon respect as he saith to the common good For the other point the successors of an vsurper by course and compasse of time may prescribe a right if they vvho haue receiued wrong discontinue both pursuit and claime Pâ—normitane saith Successor in dignitate potest praescribere non abstante vitio sui praedecessor is A successor in dignitie may prescribe notwithstaÌ„ding the fault of his predecessor otherwise causes of vvar should be immortall and titles perpetually remaine vncertaine Now then for summarie collection of all that you haue saide your protestations are good your proofes light and loose your conclusions both dangerous false The first doth sauour of God the second of man the third of the diuell To the fourth Chapter which beareth tytle Wherein consisteth principally the lawfulnesse of proceeding against Princes which in the former Chapter is mencioned What interest Princes haue in their subiects goods or liues How oathes doe binde or may bee broken of subiects towards their Princes and finally the difference betweene a good king and a tyrant HEere you cloase with Billaye vpon two points first vvhether a king is subiect to any law Secondly whether all temporalities are in proprietie the Kings but because these questions doe little perteine to our principall controuersie I vvill not make any stay vpon them it suffiseth that vve may say vvith Seneca Omnia rex imperio possidet singuli domino The king hath empire euery man his particular proprietie in all things After this you proceede further to make good that the Princes before mencioned vvere lawfully deposed and that by all law both diuine and humane naturall nationall and positiue Your cause is so badd that you haue need to set a bould countenance vpon it But what deuine lawes doe you alleage You haue largely beefore declared you saye that GOD doth approoue the forme of gouernmeÌ„t vvhich euery common wealth doth choose as also the conditions and statutes which it doth appoint vnto her prince I must now take you for a naturall lyer when you wil not forbeare to bely your selfe you neuer proued any such matter the contrary is euident that sometimes entire gouernments often customes statutes of state very commonly accidentall actioÌ„s are so vnnaturall vniust that otherwise then for a punishment and curse wee cannot say that God doth approue theÌ„ We haue often heard that the Church cannot erre in matters of Faith but that in matter of gouerment a coÌ„mon wealth cannot erre it was neuer I assure my selfe published before But let vs suppose supposall is free that God alloweth that forme of gouernment which euery common wealth doth choose doth it therfore follow that by all deuine lawes princes may be deposed by their subiects these broken peeces will neuer bee squared to forme strong argument But wherefore doe not you produce the deuine canons of scripture surely they abhorre to speake one word in your behalfe yea they doe giue expresse sentence against you as I haue shewed before Well let this passe among your least escapes in making God either the author or aider of rebellioÌ„ you alledge no other humane law but that princes are subiect vnto law and order I vvill not denie but ther is a duty for princes to performe but how proue you that their subiects haue power to depose them if they faile In this manner As the common vvealth gaue them their authoritie for the common good so it may also take the same away if they abbuse it But I haue manifested before both that the people may so graunt away their authoritie that they cannot resumeâ—t also that few princes in yâ— world hold their state by graunt of the people I will neuer heereafter esteeme a mans valure by his voice Your braue boast of all lawes diuine humane naturall nationall and positiue is disolued into smoake you busie your selfe as the Poets wright of Morpheus in presenting shadowes to men a sleepe But the chiefest reason you say the very ground and foundation of all Soft what reason what ground if you haue alreadie made proofe by all lawes humane and deuine naturall nationall and positiue what better reason what surer ground will you bring Tush these interruptions The chiefest reason you say the very ground and foundation of all is that the common wealth is superiour to the prince and that the authoritie which the prince hath is not absolute but by the way of mandate and commission from the common wealth This is that which I expected all this time you haue hetherto approached by stealing steps you are now come cloase to the wall do but mount into credit and the fort is your owne You affirmed at the first that princes might be deposed for disabilitie then for misgouernmenâ— now vpon pleasure and at will For they who haue giuen authoritie by coÌ„mission doe alwaies retaine more then they graunt are not excluded either froÌ„ commanding or iudging by way of preuention concurrence or evocation euen in those cases which they haue giuen in charge The reason is declared by Vlpian because hee to whom iurisdiction is committed
of France a law was made that bastards should not succeed in the Crowne and yet other bastards of great houses were stil aduowed the French being then of the same opinion with Peleus in Euripides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Oftentimes many bastardes excell those that are lawfully borne which is verified by Hercules Alexander the great Romulus Timotheus Themistocles Homer Demosthenes Brutus Bion Bartolus Gratian Peter Lombard Peter Comesior Io. Andreas and diuers other of most flourishing name Your examples of Lewes the 6. and Lewes the 11. are not worth a word in answere In the beginning of their raigne you affirme that they had like to haue beene disinherited by the state for the offences of their Father You beare a minde charged with thoughtes vaine busie and bolde without any restreint either of honestie or of discretion For how else could you here also affirme that King Henry the third of England was condemned by his Barons to be disinherited for the fault of his Father It is vsuall with you in all your reports either plainely to breake beyond the boundes of all truth or grossely for I cannot now say artificially to disguise it with many false and deceiueable termes But to conclude for the state of France which is also to exclude whatsoeuer you haue said vnder the raigne of Charles the fift for the better establishment of this right and for cutting of those calamities which accompanie vsurpatiō there was a lawe made that after the death of any King the eldest sonne should incontinently succeede We are now come to our English examples of which you might haue omitted those of the Saxon kings as well for that there could be no setled forme of gouernment in those tumultuous times as also for that our Histories of that age are very imperfect not leading vs in the circumstances either of the maner or occasion of particular actions they declare in grosse what things were done without further opening either how or wherefore But both these doe make for your aduantage for who seeth not that your exāples are chiefly bred in tempestuous times and the obscuritie of Histories will serue for a shadowe to darken your deceit Well let vs take both the times and Histories as they are How will you maintaine that Egbert was not next successour to Briticus by propinquitie of blood Briticus left no children and Egbert was descended of the blood royall as Polydore affirmeth William Malmesbury saith that he was the only man aliue of the royall blood being descended of Inegild the brother of King Ina. How then is it true which you say that Britricus was the last of the roial descēt and if it had beene so indeede the right of election should then haue bene in the state And thus you stumble at euery step you entangle your selfe without truth or ende You snatch at the words of Polydore where he saith He is created king by consent of all which doe imply no other sense but that which a little after he saith That he was saluted king by all So we finde also that the like improper speech was vsed at the coronatiō of Philip the second king of France whereby the Archbishop of Reimes did challenge power in the right of his Sea to make election of the king That Adelstane was illegitimate you follow Polydore a man of no great either industrie or iudgement William Malmesbury accounted Egwina the mother of Adelstane to be the first wife of king Edward his father he termeth her also a noble woman contrary to that which Polydore fableth Henry Huntington Roger Houeden and others write no otherwise of him but as of one that was lawfully borne And in that you english these words of Polydore Rex dicitur Rex a populo salutatur Hee was made king by the people In that you affirme also that for the opinion of his valure hee was preferred before his brethren which were lawfully borne whome you acknowledge to be men of most excellent both expectation and proofe you doe plainly shewe that vse hath made you too open in straining of truth Eldred did first take vpon him but as Protector because of the minoritie of the sonnes of Edmund his elder brother and afterward entred into ful possession of the Crowne But that his nephewes were put backe by the Realme it is your owne idle inuention it was no more the act of the realme then was the vsurpation of King Richard the third That Edwin was deposed from his estate it is inexcusably vntrue Polydore writeth that the Northumbrians and Mercians not fully setled in subiection made a reuolt Malmesburie saith that hee was maimed of a great part of his kingdome by the stroke of which iniurie he ended his life And whereas you write in commendation of King Edgar his next successor that he kept a Nauie of 6600. shippes for defence of the Realme you discouer your defectiue iudgement in embracing such reports for true In that you say that many good men of the Realme were of opinion not to admit the succession of Etheldred after the death of his brother I dare confidently affirme that you doe not only tel but make an vntruth hauing no author either to excuse or countenance the same In that you write also that betweene the death of Edmund Ironside and the raigne of William Conquerour it did plainly appeare what interest the Common-wealth hath to alter titles of succession it doth plainly appeare that both your reason and your conscience is become slauish to your violent desire For what either libertie or power had the Common-wealth vnder the barbarous rage and oppression of the Danes when Canutus had spread the winges of his fortune ouer the whole Realme none hauing either heart or power to oppose against him what choise was then left vnto the people what roome for right what man not banished from sobrietie of sence woulde euer haue saide that hee was admitted king by the whole Parliament and consent of the Realme It is true that after he had both violently and vniustly obtained full possession of the Realme slaine the brother of Edmund Ironside and conueied his children into Sueden he assembled the Nobilitie and caused himselfe to be crowned king but neither the forme nor name of a Parliament was then knowne in Englande and if coronation were sufficient to make a title no king should be accounted to vsurpe Of Harold the first the naturall sonne of Canutus our Histories doe verie differently report Saxo Grammaticus writeth that he was neuer king but that he died before his Father Henry of Huntington reporteth that he was appointed but as Regent for his brother Hardicanutus Others write that apprehending the opportunitie of his brothers absence he inuaded Northumberland and Mercia by force of the Danes who were in Englande wherevpon the Realme was diuided one part holding for Harolde and another for Hardicanutus who was in Denmarke But because hee
Emperour by which means they did afterward embrace the Christian faith The like doth Orosius report that Valentinian being discharged by Iulian from being Tribune because he was a Christian by consent of the Souldiers was created Augustus I rather take it to be a damnable sinne which Zonaras wrighteth of the Bulgarians in taking armes against their King because he was conuerted to Christian religion albeit they did according to their conscience It were a deflowring of time to diue into the depth of this question because it appeâ—teineth to electiue states and not vnto vs. But where you wright without eyther authoritie or proofe that to assist or not to resist the aduancement or gouernment of any king whom we iudge faultie in religion is a most damnable sinne of what side soeuer the truth be you breath out most filthy and vnsauorie smoake you lift vp your voice into high blasts of blasphemie against the most high God hath taught by the Apostle S. Paule that whosoeuer resist the higher powers which at that time were Infidels receiue vnto themselues damnation you teach that whosoeuer doth not in the like case resist doth damnably offend Were not the spirit of diuision otherwise called the deuill seated in your soule you would not thus openly oppose the setlings of your rotten braine against the expresse and direct sentence of God What is it a damnable sinne to doe euery man right is it damnable to giue Caesar that which is his due to giue tribute honor feare to whom they appertaine The Apostle saith that Christians by resisting the power of Infidell rulers do acquire vnto themselues damnation and shall wee yeelde credit vnto you that Turkes Moores Infidels should damnablye sinne eyther in admitting or enduring the authoritie of a Christian Prince How vilie doe you value the iudgements of men at how lowe rate doe you prize both your conscience and credit I could rise into riot of wordes vpon you were it not that I respect what is seemlye rather for mee to speake then for you to heare Certainely if we had receiued no such commaundement from God the regarde of the quiet of humane societies is sufficient to ouer-whelme your hereticall assertion for seeing there are many different professions of religion not onely in the world but almost in euery nation of the world seeing also as Philo saith euery man eyther by vse or instruction iudgeth his owne religion best what suretie could any Prince what safetie could any people enioy if your firie opinion should take place what assurance can there be of life or of state where the sworde beareth swaye vpon such occasions that guided by hands both tumultuous and fierce And seeing among many religions there can be but one truth if all men should be obstinatelie bent against the gouernment of any who in their iudgement is faultie in religion what likelyhood can we eyther conceiue or coniecture but that many errours would soone preuaile against the onely trueth And therefore it is farre more moderate and safe to vse the ordinarie meanes both of maintaining and propagating the trueth and to commit the successe thereof vnto God and as Iosephus aduiseth not to offer eyther contumelie or violence against any religion least we prouoake thereby the professors thereof to doe the like against our Your last reason is drawne from policie and consideration of state because a King will neyther trust nor fauour much lesse aduance him that is not of the same religion with himselfe but to the contrarie hee shall bee subiect to all molestations iniuries and other auersions which are incident to those who are not currant with the present course of affaires Oh sirre this is the Helene for which you contend you concurre in opinion with those Athenians of whome Alexander demanded deuine honours not so obstinately to defend heauen as to loose the benefit of the earth This is the marke whereat you aime this is the Compasse whereby you sayle as diuers flowers doe open and cloase according to the motion of the same so according to the variation hereof you extend or restraine your plyant conscience as you please But the Apostle teacheth vs to be obedient to higher powers for conscience sake and not for anye priuate respect Besides all Princes are not of that disposition whereof you speake Suida wrighteth of one who changing religion to please his King was therefore adiudged to loose his head one being appointed to crye at the time of his execution Hee that keepeth not faith with God what sound conscience can hee beare towards men The Protestants in France are not altogether cast eyther out of fauoure or out of charge and manie Romane Catholickes in England doe enioye their full part of all the plentie and pleasures that the realme can affoord Lastly what haue you to doe with reasons of state This is the Eagles feather which consumeth your deuotioÌ„ Your office is to meditate to pray to instruct meÌ„ in pure deuotion to settle their soules in piety in peace But do you containe yourselues within these limmits nothing lesse You take vpon you the pollicie of state yoù â—end deface the reputation of Kings you make your selues both iudges moderators of all their actions allowing them to flie no further then you giue them wings You dispose not onely their affaires but their crownes at your pleasure you hunt them not to couert but to death You contriue waâ—s to compasse your designes you traine vp your followers in the high mistery of treason you cast into euery realme the apple of striefe your doctrine is to no other vse but as drummes Fifes and trumpets to incense fury To these endes you wrest scriptures you corrupt histories you counterfeit reasoÌ„s you corrupt all truth pardon my plainenes I pray you I haue not atteined to your dexterity in disguising matters with smooth termes you are obstinate to hazard rather all dangers then to be cut of from one point of your purpose You acknowledge no religion but your will no law but your power all lies treacheries and fraudes do change their nature and become both lawfull and laudable actions when they beare for the aduantage of your affaires But this is directed to deuotion you will say and as you terme it ordine ad deum for a holy and religious end Away then with your deuotion and so we shall be rid of your dangerous deceit Away I say with your deuotion or else we will conclude of you as Liuie did of Anniball nihil veri nihil sancti nullus deûm metus nullum iusiuradum nulla religio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a In c. 1. tit de success feud b In quaestâ—an rex Franc ae râ—câ—gn sâ—at â—uperiorem c In â—â—emo D. dâ— lâ—g 1. d In â—â—uÌ„ praetor § non autem D. de Iudi. e A pud Aristor thetor 3. ca. 10. f Lib. 5. g In cerpsychore h In eius vita i Lib. 3. ca. 2. k