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A91487 Severall speeches delivered at a conference concerning the power of Parliament, to proeeed [sic] 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 common-wealth, and may upon just causes be altered. II. The particular forme of monarchies and kingdomes, and the different laws whereby they are to be obtained, holden and governed ... III. The great reverence and respect due to kings, ... IV. The lawfulnesse of proceeding against princes: ... V. The coronation of princes, ... VI. What is due to onely succession by birth, and what interest or right an heire apparent hath to the crown, ... VII. How the next in succession by propinquity of blood, have often times been put back by the common-wealth, ... VIII. Divers other examples out of the states of France and England, for proofe that the next in blood are sometimes put back from succession, ... IX. What are the principall points which a common-wealth ought to respect in admitting or excluding their king, wherein is handled largely also of the diversity of religions, and other such causes. Parsons, Robert, 1546-1610, attributed name. 1648 (1648) Wing P573; Thomason E521_1; ESTC R203152 104,974 80

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and did drive him out of his Realme into Castilla where he lived all the rest of his life in banishment and dyed in Toledo without ever returning and this Decree of the Councell and Pope at Lyons for authorizing of this fact is yet extant in our Common Law in the sixt 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 dayes of his life Garibay in hist de Portug lib. 34. cap. 20. 21. and he was a notable King and among other great exployts he was the first that set Portugal free from all subjection dependence and homage to the Kingdome of Castile which unto his time ●t ha● acknowledged and he left for his successor his so●● and heire Don Dionysi●el Fabricador to wit the great builder for that he builded and founded above forty and foure great towns in Portugal and was a most rare Prince and his off-spring ruleth in Portugal unto this day Infinite other examples could I alleage if I would examine the lives and discents of these and other Kingdoms with their Princes and namely if I would speak of the Greek Emperours deprived for their evill government not so much by popular mutiny which often hapned among them as by consent and grave deli●e●ation of the whole State and Weal-publick Glicas in Annal. part 4. Zon. Annal. co 3. in vita Michael Calapha as Michael Calaphates for that he had troden the Crosse 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 dayes by other Common-wealths as in Polonia of Henry the third that was King of France and before that had been sworne King of Polonia of which Crowne of Polonia he was deprived by publick act of Parliament for his departing thence without license and not returning at his day by the said State appointed and denounced by publick Letters of peremptory commandement 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 lawfull successor and lawfully in possession after his Father Gustavus was yet put downe by that Common-wealth and deprived and his brother made King in his place who was in England in the beginning of Queen Elizabeths reigne whose sonne 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 countrey but also abroad as namely of Maximilian the Emperor and appointed also by the King of Denmarke and by all the Princes of Germany neer about that Realme who saw the reasonable causes which that Common-wealth had to proceed as it did And a little before that the like was practised also in Denmarke against Cisternus their lawfull King if we respect his discent in blood for he was sonne to King Iohn that reigned afore him and crowned in his fathers 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 Vncle Frederick Prince of Holsatia was chosen King who●e Progeny yet remaineth in the Crowne and the other though he were married to the sister of Charles the fifth last Emperour 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 untill he died Sleydon l. 4. hist An. 1532. Mu●st lib. 3. Cosmogra in d●script D●●i'e Paulus Iovius in viris illust But it shall be best perhaps to end this narration with example out of England it selfe for that no where 〈◊〉 have I read more markeable accidets touching this point then in England and for brevity sake I shall touch only a few since the Conquest for that I will goe no higher though I might as appereth by the example of King Ed●in and others neither will I begin to stand much upon the example of King Iohn though well also I might so that by his cruell government he made himselfe both odious at home and contempt●ble abroad After him King Henry the third was admitted and he proved a very worthy King after so cruell a one as had gone before him and had been deposed which is a circumstance that you must alwayes note in this narration and hee reigned more yeares then ever King in England did before or after him for he reigned full 53 years and left his son and heire Edward the first not inferiour to himselfe in manhood and vertue who reigned 34. yeares and left a son named Edward the second who falling into the same defects of government or worse then King John his great Grandfather had done was after 1. yeares reigne deposed also by act of Parliament holden at London the yeare 1326. Polyd. l. 18. hist Anglicanae Anno 1326. and his body adjudged to perpetuall 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 Realme 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 teares acknowledged his owne unworthinesse whereupon hee was degraded his name of King first taken from him and he appointed to be called Edward of Carnarvan from that houre forward And then his Crowne and ring were taken away and the Steward of his house brake the staffe 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 expences and then was hee 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 untill 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 prowesse length of reigne 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 evill one But what ●hall we say Is this worthinesse which God giveth commonly to the successours at these changes perpetuall or certaine by discent no
truly nor the example of one Princes punishment maketh another to beware for the next successour after this noble Edward which was King Richard the second though he were not his son but his sons son to wit son and heire to the excellent and renowned black Prince of Wales this Richard I say forgetting the miserable end of his great Grandfather for evill government as also the felicity and vertue of his Father and Grandfather for the contrary suffered himselfe to be abused and misled by evill councellours to the great hurt and disquietnesse of the Realme For which cause after he had reigned 22. yeares he was deposed by act of Parliament holden in London the yeare of our Lord 1399. and condemned to perpetuall 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 mans 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 sirnamed commonly the Alexander of England for that as Alexander the great conquered the most part of Asia in the space of 9. or 10. yeares so did this Henry conquer France in lesse then the like time I might reckon also this number of Princes deposed for defect in government though otherwise he were no evill man in life this King Henry the fourths nephew I mean King Henry the sixt who after almost forty yeares reigne was deposed imprisoned and put to death Polyd. l. 23. ●istor Anglie together with his sonne the Prince of Wales by Edward the fourth of the house of Yorke and the same was confirmed by the Commons and especially by the people 〈◊〉 London and afterwards also by publicke Act of Parliament in respect not only of the title which King Edward pretended but also and especially for that King Henry did suffer himselfe to bee overruled by the Queen his wife and had broke the articles of agreement made by the Parliament between him and the Duke of Yorke and solemnly sworne on both sides the 8. of Octob. in the yeare 1459. In punishment whereof and of his other negligent and evill government though for his owne 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 evill King and all English men well know but one of the renownedst for martiall acts and justice that hath worne the English Crowne But after this man againe there fell another accident much more notorious which was that Richard Duke of Glocester this King Edwards yonger brother did put to death his two nephews this mans children to wit King Edward the fifth and his little brother and made himselfe 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 lawfull 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 wil say I think but that he was lawfully also deposed again afterward by the Commonwealth An. 1487. which called out of France Henry Earle of Richmond to chastise him and to put him downe and so he did and tooke from him both life and Kingdome in the field and was King himselfe 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 sixt and Richard the third there have succeeded the three Henries to wit the third fourth and seventh and two Edwards the third and fourth all most rare and valiant Princes who have done infinit important acts in their Commonwealths and among other have raised many houses to Nobility put downe others changed states both abroad and at home distributed Ecclesiasticall dignities altered the course of discent in the blood Royall 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 doe pretend the Crowne 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 proofe of these two principall points that lawfull Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment and that God hath allowed and assisted the same with good successe unto the Weal-publique 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 doe 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 alleaged and they seeme to prove sufficiently that which you affirmed at the beginning to wit that the Princes by you named were deprived and put downe by their Common-wealths for their evill government And good successors commonly raised up in their places and that the Common-wealth had authority also to doe it I doe not greatly doubt at leastwise they did it de facto and now to call these facts in question were to embroyle and turne up-side-down all the States of Christendome 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 tooke the paines 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 doe affirme Belloy apolog catholic part 2. paragraf 9. apol pro rege cap. 9. That albeit by nature the Common-wealth have authority over the Prince to chuse and appoint him at the beginning as you have well proved out of Aristotle and other wayes 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 himselfe without respect to any but onely to God alone which they prove by the example of every particular man that hath authority to make his Master or Prince of his inferiour but not afterwards to put him downe againe or to deprive him of the authority which he gave him though he should not beare himselfe well and
no as before hath been shewed which thing were in vain to ask if he were truly King as Belloy saith before his Coronation Again we see in all the formes and different manners of Coronations that after the Prince hath sworn divers times to govern well and justly then do the subjects take other Oathes 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 expresly 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 Predecessour to have this priviledg and this for his exceeding towardlinesse 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 fathers funeralls caused a Parliament to be gathered at Westminster where whilst consultation was had according to the ancient custome of England about creating a new King behold certain of the Nobility of their own free wils began to swear obedience and loyalty unto him which demonstration of love and good will is well known that it was never shewed to any Prince before until he was declared King So great was the hope that men had of the towardlines of this P. Henry even from his tender age and the very same thing expresseth Iohn 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 dayes offered to do fealty before he was Crowned or had solemnized his Oath well and justly to Governe the Common-wealth which offer before was never found to be made to any Prince of England Stow in the begining 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 untill after his Coronation but only Prince though his father King Henry the 4. had been dead now almost a moneth before And secondly that the Parliament consulted de Rege creando more majorum as Polidor his words are that is making of a new King according to the ancient custome 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 Governe the Realm was very extraordinary and of meere 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 Common-wealth be joyned to succession it is not sufficient to make a lawfull King and of the two the second is of far more importance to wit the consent and admission of the Realm then nearnesse of bloud by succession alone This I might prove by many exampl●s in England it self where admission hath prevailed against right of succession as in Wil. Rufus that succeded the Conquerour 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 seene in the two examples before mentioned of the admission of the two Kings Henry and Edward both surnamed the 4. whose entrances to the Crowne 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. Moore and Stow. Yea both of them at their dying daies having some remorse of conscience as it seemed for they had caused so many men to dye for maintenance of their severall Rights and titles ●ad no better way to appease their own minds but by thinking that they were placed in that roome 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 looke into the doings of Princes in all ages that such Kings as were most politique and had any lest doubt or suspition of troubles about the title after their deaths have caused their sonnes to be Crowned in their own dayes trusting more to this then to their title by succession thongh they were never so lawfully and lineally discended And of this I could alleadg 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 sonne in his owne daies and the like did King Robert procure for his younger son Henry the 1. as Girard holdeth and excluded his elder onely by Crowning Henry in his owne daies Henry also did intreate the States of France to admit and Crown Philip the 1. his eldest son whilst himself reigned An. 1131. and this mans son Luys Le Cros did the same also unto two sons of his first to Philip and after his death to Luys the younger both which were Crowned in their fathers life time and this Luys again the younger which is the seaventh of that name for more assuring of his son named Philip the second intreated the Realm to admit and Crown him also in his own dayes with that great solemnity which in the former chapter hath ben declared And for this very same cause of security it is not to be doubted but that alwaies the Prince of Spaine is sworn and admitted by the Realm● during his Fathers reign The same consideration also moved King David 2 Reg. 1. to Crown his son Salomon in his own daies 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 lineall succession by propi●quity of blood and fearing that the like might happen also after him caused his eldest sonne named likewise Henry to be Crowned in his life time so as
England had two K. Henries living at one time with equall 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 successe for that K. Henry the younger made war soone 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 practise again since that time in England but yet hereby it is evident what the opinion of the world was in those daies of the force of Coronation and admission of the Common-wealth and how little propinquity of bloud prevaileth without that The Seaventh Speech I Should begin with the Grecian Kings it were infinite that might be alleadged and perhaps some man would say they were over old and far fetched examples and cannot be presidents to us in these ages and if I lay before you the examples of Roman Kings and Emperours 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 souldiers whereunto that Common-wealth was greatly subject And if I sh●uld bring forth any presidents and examples of holy Scripturs some other might chance to reply that this was by particuler priviledge wherein God Almighty would deale and dispose of things against the ordinary course of mans law as best liked himselfe whose will is more then Law and whose actions are right it selfe for that he is Lord of all and to be limitted by no rule or law of man but yet that this is not properly the Act of a Common-Welth 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 setled Common-Wealths and those near home where the law of succession is received and established to wit in Spayne France and England I shall retyre my selfe to them alone but yet putting you in mind before I passe any further that it is a matter much to be marked how God dealt in this point with the people of Israel at the begining 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 reigne by succession as ours do at this day and as all the Kings of the Jewes did afterwards and yet this notwithstanding God at the beginning at the very entrance of their first Kings would shew plainly that this Law of succeeding of the one the other by birth and propinquity of blood though for the most part it should prevaile yet that it was not so precisely necessary but that upon just causes it might be altered For proofe whereof we are to consider that albeit he made Saul a true and lawfull King over the Iewes and consequent also gave him all Kingly priviledges 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 Crowne yet after his death God suffered not any one of his generation to succeed him though he left behinde him many Children and among others Isboseth a Prince of 40. Yeares of age 2. Reg. 1. and 21. whom Abner the generall captain of that nation with eleaven tribes followed for a time as their lawfull Lord and master by succession untill God cheked them for it and induced them to reiect him though heire apparent by discent 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 sinne of Saul whom God had reiected I do confesse it but yet this is nothing against our purpose for that we pretend not that a Prince that is next in blood can iustly 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 prejudicate the sonnes right to the Crowne albeit the sonne 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 Ionathus Saules other sonne who so good a man and so much praised in holy Scripture and yet he being slaine in Warr and leaving a sonne named Mephiboseth he was put back also 2. Reg. 5. though by nearenesse of blood he had great interest in the succession and much before David But David being placed in the Crowne by election free consent and admission of the people of Israell as the Scripture plainly testifieth though by motion and direction of God himself we must confesse 2. Reg. 2 and 5. and no man I think will deny but that he had given unto him therewith all Kingly priviledges prehemiences and regali●ies even in the highest degree as was conveniene to such a state and among other the Scripture expresly nameth that in particuler it was assured him by God that his seed should reigne 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 sonnes as by order of succession it should seeme to appertain no nor to any of their of spring or discents but only to Solomon which was his younger and tenth sonne and the fourth only by Barsabe True it is that the Scripture recounteth how Adonias Davids elder sonne that was of rare beauty a very goodly young Prince seeing his Father now very ould and impotent and to lie on his death bed and himselfe heire apparent by antiquitie of blood after the death of Absalon his elder brother that was slain before he had determined to have proclaimed himselfe heir apparent in Ierusalem 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 diverse of the Cleargie as also the generall Captaine of all the army of Israell named Ioah with other of the Nobillity and with them all the rest of his bretheren that were sonnes to King David saving only Solomon togeather with many other Princes and great men both spirituall and temporall of that estate and had prepared for them a great feast meaning that very day to proclaime himselfe heire apparent to the Crowne and to be Crowned as indeed by succession of blood it appertained unto him and this he attempted so much the rather by councell of his friends for that he saw the King his Father very ould and impotent and ready to die and had taken no order at all for his successor and moreover Adonias had understood how that Bersabe Solomons Mother
had some hope to have her sonne Reigne after David upon a certaine promise that David in his youth had made unto her thereof as also she had in the speciall favour and friendship which Nathan the Prophet and Sadock the Priest who could do much with the ould King David did beare unto her sonne Solomon aboue all the rest of his Bretheren Hereupon I say these two that is to say Queene Bersabee and Nathan the Prophet comming 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 shewing besides how that Adonias without his order and consent had gathered an Assembly to make himselfe King even that very day which did put the old King in very great feare and anger and further also telling him which pleased him wel quod oculi totius Israel in eum ●espicerent ut indicaret eis 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 common-wealth referred it to his choise which of his Sonnes should reigne after him Vpon these reasons and perswasions I say the good ould King was content that they should take Solomon out of hand and put him upon the Kings owne mule and carry him about the streets of Ierusalem accompanied with his guard and court and crying with sound of Trumpets Vivat Rex Salomon 3. Reg 1. and that Sadock the Priest should anoint him and after that he should be brought back and placed in the royall Throne in the palace and so indeed he was at what time King David himselfe being not able through impotencie 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 Sonne Salomon thus Crowned even from his bed all which no doubt though it may seeme to have been wrought by humane meanes and policy yet must we confesse that it was principally by the speciall instinct of God himselfe as by the sequell and succes we see so that hereby also we are taught that these and like determinations of the people Majestrates and common wealths about admitting or refusing of Princes to Reigne or not to Reigne ever them when their designements are to good ands and for just respects and causes are allowed also by God and oftentimes are his owne speciall drifts and dispositions though they seeme to come from man Whereof no one thing can give a more evident proofe then that which ensued afterward to Prince Roboam the Lawfull Sonne and heire of this King Salamon who after his Fathers death comming 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 untill 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 Salomon his Father an evident president of the oath and conditions that Princes do swear unto in these dayes at their Coronation whereunto when Roboam refused to yeald ten Tribes of the twelve refused to admit him for their King 3. Reg 11. but chose rather one Ieroboam Robohams servant that was a meere stranger and but of poore parentage and made him there lawfull King and God allowed thereof as the Scripture in expresse words doth testifie and when Roboam that tooke himselfe to be openly Injured heereby would by armes have pursued his Title and had gathered together an Army of a hundred and foure-score thousand chosen souldiers as the scripture sayth 5 Rig. 12. and 21. to punish these rebells as he calle them and to reduce these 10. tribes to their due obedience of their naturall Prince God appeared unto one Semejah a holy man and bad him goe 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 goe home to his house and live quietly vnder the King which each party had and so they did and this was the end of that tumult which God for the sins of Salomon had permitted and allowed of And thus much by the way I thought good to touch on t of holy Scripture concerning the Iewish Common-Wealth even at the begining for that it may give light to all the rest which after I am to treate of for if God permitted and allowed this in his own Common wealth that was to he the example and patern 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 sinnes and wickednesse of some Princes that the ordinary line of succession be altered Now then to passe on further and to begin with the Kingdoms of Spayne supposing ever this ground of Gods Ordinance first I say that Spayne hath had 3. or 4. races or discents of Kings as France also and England have had and the first race was from the Gothe● which began their raigne in Spayne 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 German Franckes and the English to the Saxons which entred France and England in the very same age that the other did Spayne and the race of Gothish Kings indured by the space of 300. yeares untill Spayne was lost unto the Moores The second race is from Don Pelayo that was chosen first King of Asturias and of the Mountain Countrey of Spayne after the distruction thereof by the Moores about the year of Christ 717. Ambros Moral lib. 13. c. 2. which race continued and increased and added ●●●gdom 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 Aragon and Castiliae and made them Kingdoms and divided them among his Children and to his second sonne 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 joyned all those Kingdoms together that day forward the 3 race of the Kings of Navair to reign in Castel and so indured for 500 years until the year of Christ 1540. when the house of Austira entred to reign there by mariage of the daughter heire Don Ferdinando
surnamed the Catholick and this was the 4 race of Spanish Kings after the Romans which endureth until this day And though in all these foure race● and ●anks of Royall discents divers examples might be alleadged for manifest proof of my purpose ye● will not deale with their race for that it is evident by the Councell of Tolido which were holden in that very time that in those daies expresse election was joyned 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 Councell of that age of Toledo it is decreed expresly 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 Gotish Nation doth draw to the height of this dignity let him be deprived of all Catholique society and damned by the c●rse of Almighty God by which words is insinuated that not only the Nobility but of Gotish bloud 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● Councell putteth the perfection of his title Don Pelayo died in the year of our Lord 737. and left a Son named Don Fauila who was King after his Father and reigned 2. yeares only After whose death none of his Children were admitted for King though he left divers as all writers do testifie But as Don Lucas the Bishop of Tuy a very ancient Authour writeth Aldefonsus Catholicus ab universo populo Gothorum eligitur that is as the Chronicler Moralis doth translate in Spanish Don Alonso surnamed the Catholick was chosen to be King by all voyces of the Gotish Nation This Don Alonso was Son in law to the former K. Fauila as Morales saith for that he had his Daughter Erm●nesenda in Marriage and he was preferred before the Kings own sonnes only for that they were young and unable to govern as the said Historiographer testifieth And how well this fell out for the Common-Welth and how excellent a King this Don Alonso proved Morales sheweth at large from the 10. Chapter of his 13. Booke untill 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 succeded his son Don Frucla the first of that name vvho vvas noble King for 10 years space and had divers excellent victories against the Moores but aftervvard declining to tiranny he became hatefull to the subjects and for that he put to death vvrongfully his ovvn brother Don Vimerano Prince of excellent parts and rarely beloved of the Spaniards he vvas himselfe put dovvn and put to death by them in the year of Christ 768. And albeit this King left 2. godly Children behind him vvhich vvere lavvfully 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 vvas admitted by the Realm to succeed him but rather his ch●sen german named Don Aurelio brothers son to Don Alonso the Catholique vvas preferred and reigned peacably 6 years and then dying vvithout issue for this the hatred ●f the Spaniards vva● not yet ended against the memory of K. Eruela they vvould not yet admit any of his Generation but ra●her excluded th●m again the 2 time and admitted a brother in lavv of his named Don Silo that vvas married to her sister Dona Adosinda daughter to the foresaid noble K. Catholique Alonso So that here vve seervvice the right heyres of K. Don Fruela for his evil government vvere put back But Don Silo being dead vvithout issue as also Don Aurelio vvas before him and the Spaniards anger against K. ●ruca being novv vvel aslvvaged they admitted to the Kingdom his foresaid son Don Alonso the yonger surnam●d aftervvard the chast vvhom novv tvvice before put back as you have seen but novv 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 Moores put him out reigned by force 6. years in the ending vvithout issue the matter came in deliberation again vvhether the K. Don Alonso the chast that yet lived had been hidden in monastary of Galitia during the time of he yrant should returne again to govern or rather that his cose●n German 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 vvere much further of by propinquity of blood vvithin 〈…〉 also should be admitted True it is that after three yeare● reign this 〈…〉 King V●rmudo being weary of kingly life feeling some scruple of conscience that being Deacon he had forsaken the life Ecclesiasticall maryed 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 gouernment unto his said cozen Don Alonso the chast himself lived after a privat life for divers yeers 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 vertue 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 yeers 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 Moores 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 yeer to be brought up in the Religion of Mahomet among those infidell 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 Prelats 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 bloud to the succession after the death of his uncle Don Alonso without children yet was hee chosen by the States as here it is said in expresse 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 intailed and tyed only to the next bloud 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 severall considerations as this Author himself in that very chapter confesseth As for example after four discents from this man which were Don Ordonio the 1. this mans Son and Don Alonso the 3. Don Garzia and Don Ordonio the second all four Kings by orderly succession it hapned that in the yeer 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 yeers Reign this King Fruela dyed also left divers children at mans 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 Common●welth of Spain his eldest Son lawfully begotten named Don Ordonio to be their King but they refused him and tooke his Brother I meane this Kings Brother Uncle to the young Prince named Don Ramiro Moral lib. 19. cap. 20. An. 930. who reigned 19 yeers 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 nephewes for that hee would have left his habit returned to be King again But this fact my au●hor Morales excuseth saying that it was requisit for pcace safety of the Realm so as here you see two manifest alterations of lineal succession together by order of the Common-welth Furthermore after this noble King Don Ramiro the 2. succeeded as heire apparent to the Crown his elder Son Don Ordonio the 3. of his name in the yeer of our Savior 950. but this succession endured no longer then unto his own death which was after 7 yeers for then 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 fue 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 Kings brother not his Son succeeded in the Crown was for the ordinary reason so often before alledged for that the Infant or young Prince Vermudo was a litle 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. yeers 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 marying his sister Dona Sancha that was his heir unto Don Fernando first Earle then King of Castile who was second Son to Don Sancho Mayor K ing of Navarras before hath been said he j●yned by these means the Kingdoms of Leon Castile 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. yeers the bloud of Navar entred as you see so continued therein untill the entrance of ●●ose of Au●tria as before hath been said which was almost 500. yeers together And thus much I thought good to note out of the stories of Spain for this first discent of the Spanish Kings after the entrance of the Moors neither mean I to passe 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 Gotish bloud 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 yeer of Christ 1021. there was a marriage made by K Iohn of England for Dona Blancha his Neece 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 Neece as I have said unto K. Iohn to K. Richard the ● of England for
that her Mother Lady Elenor was their sister daughter to K. Henry the 2. and K. Iohn made this mariage therby 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 Townes Countries which the said K. Phil. had taken upon the English by this Kings evill 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 dye 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 maryed 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 bloud the only reason they yeelded hereof was not to admit strangers to the Crown as Garabay testifieth This hapned then I do note by the way that this Dona Berenguela second daughter of Q. Elenor the English woman was maried as hath bin 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 yonger of Spain After this again about 60 yeers the Prince of Spain named Don Alonso surnamed de la cerda for that he was borne with a great gristle haire on his breast called cerda in Spanish which Don Alonso was Nephew ●o the King Fernando the Saint marryed 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 heire apparent to the crowne 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 Warrier and more like to manage wel the matters of war then they he was made heir apparent of Spain add hey putb●ck in their Grandfa●hers time and by his and the Realms consent their Father as I have said being dead and this was done at a generall Parliament holden at Segovia in the yeer 1276. and after this Don Sancho was made King in the yeer 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 yonger Brother Not long after this again when Don Pedro surnamed the cruel King of Castile 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 maried Dona Constantia the said King Padroes daughter and heir pretended by succession the said● Crowne of Castile as indeed it appert●ined unto him but yet the State of Spain denyed 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 lawfull brother the race of Don Sancho the uncle against his lawfull nephews that of Dona Berenguela against her elder sister all which races do reign unto this day these three changes of the true line hapned within two ages and in the third and principall discent 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 lawfull 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 Iohn the 1 who marryed 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 Portugall would never agree to admit him for their King for not subjecting themselvs 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 yeers old who had bin Master of a military order in Portugal named de Avis so they excluded Dona Be●tr●x Q. of Cast l. that was their lawfull heire chose this young man marryed him afterwards to the Lady Philip da●ghter of Iohn of Gaunt D. of Lancaster by h●s first wife Blanch Duches heir of Lancaster in whose right the kings of Portugall 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 Portugall to alter the line of next succession upon any reasonable consideration which they imagned to be for their weal publike 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 yeere of Christ 419. they have never had any stranger come to wear their crown which they attribute to their law Salike that forbiddeth women to reign ye among themselves have they changed twise their whole race linage of kings once in the entrance of k. Pepin that put out the line of Pharamond about the yeer 751. again in the promotion of k. Hugo Capetus that put out the line of Pepin in the yeer 983. so as they have had 3 discents races of Kings as well as the Spaniards the first of Pharamond 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 Navar and other Princes of the bloud Royall of the house of Burbon 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 setled 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
Odo for recompence the state of Aquitain with Title of a Duke wherwith in fine he contented himself seeing that he could get no more But yet his Posterity by vertue of this election pretended ever after a Title to the Crown of France and never left it of untill at length by Hugo Capetus they got it for Hugh descended of this King and Duke Odo This K. Charls then surnamed the simple and English womans 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 allured 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 an 927. and soon after he dyed through misery in the same castle his Q. Ogin fled in●o England where with her litl● 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 downe 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 yeers after and then the States of France considering the right title of Lewis the lawfull 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 sollicited 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 Conquerour who by the K. of England was gained also to be of the young Princes part for these considerations I say they resolved to call him inte France out of England as his Father had bin before him and to admit crown him King and so they did and he reigned 27 yeers and was a good Prince and dyed peaceably in his bed the yeer 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 Lorrain Luthaire dying left one onely 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 yeers that he had reigned the crown was to haye gone by lineall succession unto his Uncle Charles Duke of Lorrain 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 chuse Hugo Capetus Earl of Paris and so ended the second line of Pepin and of Charles the Great and entree the race of Hugo Capetus which endureth untill 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 Fellowes 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 owners 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 justifie this title of Hugo Capetus against Charls for which cause Frances Belforest doth alleadge the saying of W. Naugus an ancient diligent chronicler of the Abby of S. Denis in France who defendeth K. Capetus in thes● words We may not grant in any case that Hugh Capet may be esteemed an invador or usuroer of the crown of France se 〈◊〉 the Lords Prelats Princes Governours of the Realm did cail him to this dignity and chose him for their King and Soveraigne 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 meanes defend the Title of Hugh Capet from usurpation and fellony then to justifie his coming to the crown by the cosent will of the Common wealth and in this I may well excuse me from inconstancy and contradiction to my self 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 amisse 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 Lorrain after their election of Hugh Capet Charls 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 realme of France according to the ordinary Lawes 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 judg you also unworthy of the same for that you have not endevored 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 your self with the German Nation ●ur old enemies and have acquainted your self with their vile base manners wher●ore seeing you have forsaken abandoned the ancient vertue sweetnes 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 Possessour of the crown with enjoying the ancient use of our laws customs priviledges liberties then under you the inheritour by neernesse of bloud 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 Pylot which is to guide the stern be owner of the ship or no but rather whether he be skilfull valiant like to bring them in safety to their ways end or to drown them among the waves even so our principall care is that we have a good Prince to lead and guide us happily in this way of civill politike 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 Lorrain in defence of their doings with this he lost his succession for ever afterwards his life also in prison the Frenchmen thought
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 lawfull Sons who all in their turns succeeded by just and lawfull 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 wonderfull an 8●2 and who among other his renowned Guests drove Rollo that famous Captain of the Danes from the Bo●ders 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 Conquerour came afterwards in the 6. discent This man also erected the University of Oxford being very learned himselfe builded divers good Monasteries and Churches dying left as famous a Son behind himself which was Edward the first surnamed the senior 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 then 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 custome 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 Welch men Stow p. 136. an 924. Thus much Stow of the snccesse of chusing this King bastard to reign To whose acts might be added that he conquered Scotland and brought Constantine their King to doe him homage and restored Lewis d'Outremer his sisters Son to the Kingdom of France an 940. This man dying without issue his lawfull brother Edmond put back before was admitted to the crown who being of excellent expectation dyed after 6 yeers and left two lawfull 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 yeers were put back and reigned afterward after their uncle Eldred The like saith Stow and yeeldeth 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 entred as you see against the right of the Nephews yet saith Polidor and Stow that he had all mens good will and was crowned as his brother had been at Kingston by Odo Archbishop of Canterbury and reigned 9 yeers with great good will and praise of all men He dyed at last without issue aud so his elder Nephew Edwin was admitted to the crown but yet after 4 yeers he was deposed again for his lewd vicious life and his younger brother Edgar admitted in his place in the yeer of Christ 959. This King Edgar that entred 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 confessour 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 shamefull murther 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 murther 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 denyed to consecrate him but seeing the most part of the Realm bent on Etheldreds side he foretold them that it would repent them after and that in this mans 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 hee returned againe and dyed 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 yeer 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 dyed without issue The second Wife of Etheldred was called Emma sister to Richard Duke of No●mondy who was Grandfather to William the Conquerour to wit Father to Duke Robert that was Father to William So as Emma was great Aunt to this William and shee bare unto King Atheldred two Sons the first Edward who was afterward named King Edward the Confessor and Alerud who was slain trayterously by the Earl of Kent After the death also of King Etheldred Queen Emma was marryed 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 bare a Sonne named Hardicanutus who reigned also in England before King Edward the Confessour Now then to come to our purpose hee that will consider the passing of the Crown of England from the death of Edmond Iron-side elder Sonne
his uncles own hands in the castle of Roan thereby to make the titl● of his succession more cleare which yet could not be for that as well Stow in his chtonicle as also Matthew of vvestminster and others before him do write that Geffry beside 〈◊〉 sonne left two daughters by the Lady Constance his wife Countesse and he●r of Brit●ain which by the law of England should have succeeded before Iohn but of this small accompt seemed to be made at that day Some yeares after when the Barons and states of England mi●liked utterly the government and proceeding of this King Iohn they rejected him againe and chose Lewis the Prince of France to be thei● King 3216 and did swear fea●ty to him in London as before hath bin said and they dep●i●●ed also the young prince Henry his sonne that was at that time but of 8 years old but upon the death of his father King Iohn that shorty ●fter insued they recalled againe that sentence and admitted this Henry to the Crown by the name of King Henry the third and disanulled the a leageance made unto Lewis Prince of France and so king Henry raigned for t●e 53 yeares 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 Yorke and L●ncastee wihch after fe●● to fo great contention about the crown Into which if we would enter we should see plainely as before hath beene noted that the best of all their titles after their deposition of king Richard the second depended of this authority of th● com●on-wealth fot that as the people were affected and the greater part prevailed ●o ●ere their titles either a lowed confirmed altered or disanulled by Parliament yet may not we well affirm but that either part when they were in possession and confirmed herein by these Parliaments were lawfu●l 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 o●ow and we should shake the states of most princes in the world at this day And to conc●ude as one the one side pro●inquity of b●ood is a great ●reheminence towards the atteining of any Crowne so doth it not ever bind the common wea●th to yeeld there-unto if weightier reasons shauld urge them to the contrary neither is the Common-wealth bound bound alwayes to shut her eyes and to admit at ●p-hazard or of necessity every one that is next by succession of b●oud as some fa●se●y and fondly a●●meth 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 admitt him that is an enimy or unfitis but to destroy the Common wealth and him t●gether This is my opinion aud this seemeth to me to be conform to al reason aw● religion p●ery wisdome po●●icy and to the use aud customs of all well governed common-wea●thes in the world neither do I meane to prejudice any any princes pretence or succession to any crown or dignity in the world but rather do hold that he ought to enjoy his preheminence but yet that he 〈◊〉 not pr●judicall thereby to the whole body which is ever 〈◊〉 be respected more then any one person whatsoever The ninth Speech ACcording to law both civill and Canon which is great reason it is a matter most certaine that he who is judge and hath to give sentence in the thing it selfe 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 discerne the other so as if we grant according to the forme and proofes that the Realme or Common-wealth hath power to admit or put back the Prince or pretender to the Crowne then must we also confesse that the same Common wealth hath authority to judge of the lawfulnesse of the causes and considering further that it is in their owne affaire and in a matter that hath his whole beginning continuance and subsistance from them alone I meane 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 Kings son hath his dignity and preheminence above other men by authority onely of the Common wealth God doth allow for a just and sufficient cause in this behalfe the onely will and judgement of the weal publick it selfe supposing alwayes as in reason we may that a whole Realme will never agree by orderly way of judgement for of this onely I meane and not of any particular faction of private men against the heyre apparent to exclude or put back the next heyr 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 lawfull 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 leade them at different times and they being properly lords and owners of the whole busines committed unto them it is enough for every particular man to subject himselfe to that which his Common wealth doth in this behalfe and to obey simply without any further inquisition except he should see that open injustice were done therin or God manifesty offended and the Realme indangered Open injustice I call when not the true Common wealth but some faction of wicked men should offer to determine this matter without lawfull authority of the Realme committed to them and I call manifest offence of God and danger of the Realme when such a man is preferred to the Crowne as is evident that he wil do what lyeth in him to the prejudice of them both I mean both of Gods glory and the publick 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 governe among Christians in which cases every man no doubt is bound to resist what hee can for that the very end and intent for which all government was first ordeined is herein manifestly impugned From this consideration of the weal publick are to be reduced all other considerations of most importance for discerning a good or evill Prince For that whosoever is most likely to defend preserve and benefit most his Realme and subjects he is most to be allowed and desired as most conforme 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
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 Bloud 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 priviledges of Kings are farre more eminent in both these points for that both their Authority is much more absolute and their next in Bloud 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 it selfe without further approbation of the Common-wealth 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 farre greater in those other two Countries than in England for that in Spain the next in Bloud cannot succeed be he never so lawfully descended but by a new approbation of the Nobility and States of the Realme as it is expresly set down in the two ancient Councels of Tolledo 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 sworne by the said Nobility and States in token of their new consent and so we have seen it practised in our dayes towards three or four of king Philips 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 Subjects hands for their admission to the said Dignity which is not used in the Kings 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 Bloud 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 sirnamed 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 Navar at the same time who was son and heir unto this womans eldest brothers daughter named Lewis Huttin king of France which king of Nav●r thereby seemed also to be before king Edward of England but yet were they both put by it and Philip de Vallois a brothers 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 affaires Franc. Belfor l. 5. c. 1. Anno 1327. Neither did it avail that the two kings aforesaid alleadged that it was against reason and conscience and custome of all Nations to exclude women from the Succession of the Crown which appertained unto them by propinquity of Bloud 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 it selfe where we see Women have been admitted unto kingdomes by succession but all this I say prevailed not with the French as it did not also since for the admission of Dona Isabella Eugenia Clara Infanta of Spain unto the said Crown of France though by dissent of Bloud there be no question of her next propinquity for that she was the eldest childe 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 French-men by vertue whereof they pretend to exclude the Succession of Women be no very ancient Law as the French themselves do confesse and much lesse made by Pharamond their first king or in those ancient times as others without ground do affirme 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 binde all Princes and Subjects of that Realme to observe the same and to alter the course of natural Discent and nearnesse of Bloud as we have seen and that the king of Navar and some others of his race by vertue of this onely Law did pretend to be next in Succession to this goodly Crown though in nearnesse of Bloud 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 Lawes are otherwise and who made these Lawes but the Common-wealth it selfe By all which we see that divers Kingdomes have divers lawes and customes in the matter of succession and that it is not enough for a man to alleage bare propinquity of blood thereby to prevaile for that he may be excluded or put back by divers other circumstances for sundry other reasons which afterward we shall discusse Yea not onely in this point hath the common-wealth authority to put back the next inheritors upon lawfull considerations but also to dispossesse them that have bin lawfully put in possession if they fulfill not the lawes and conditions by which and for which their dignitie was given them Which point as it cannot serve for wicked men to be troublesome unto their Governours for their own interests or appetites so yet when it is done upon just and urgent causes and by publique authority of the whole body the justice thereof is playne not onely by the grounds and reasons before alleaged but also by those examples of the Romans and Grecians already mentioned who lawfully deposed their Kings upon just considerations and changed also their Monarchie and Kingly Government into other forme 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 common-Wealth against their evill Princes not onely 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 dayes 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 owne they are ready to band
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 Catholick 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 sweare 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 ses sanctes c. That is in English for I will not repeate all the Oath in French seeing it is somwhat long The Oath of the King of France I Philip by the grace of God neere to be ordained King of France do promise in this day of my annointing before Almighty God and all his Saints that I will conserve unto you that are Ecclesiasticall Prelates all canonicall priviledges and all Law and Iustice due unto every one of y●u and I will defend you by the helpe of God so much as shall lye 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 Realme and furthermore I shall administer Justice unto all people given me in charge and shall preserve unto them the defence of Lawes and eqnity appertaining unto them so far forth as shall lye in my authority so God shall helpe me and his holy Evangel●sts This oath was read by the King holding his handes between the hands of the Arch-Bishop of Rhemes and the Bishop of Syon and Bisanson legats of the Pope standing by with a very great number of other Bishops of the realme and the said Arc-Bishop taking the Crosse of Rimigius in his hands he shewed first unto all the audience the anc●ent authority which the Archbishops of Rhems had even from the time of Remigius that baptized there first Christian King Clodoveus to annoint and Crown the Kings of France which he said was confirmed unto them by priviledge of the Pope Hotmisday that lived in the yeare 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 chuse Philip for King Il esleut le dit Philippe son sils en pour Roy de France which is word for word the Arch-Bishop chose the said Philip King Henries Sonne 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 apprououns 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 annointing and Coronation were done according to the ancient order of this solemnity used in the time of King Philips predecessors Kings of France Thus far do French stories recount the old and ancient manner of annointing and Crowning their Kings of France which had endured as I have said for almost 600. yeares that is to say from Clodoueus unto King Philip the first who was crowned in France 7. yeares before our William Conqueror who also was present at this Coronation and had the third place among the temporall Princes as Duke of Normandy entred into England but after this time the manner and Ceremonies was somwhat altered and made more majesticall 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 externall additions of honour and Majesty to be adjoyned thereunto especially for the Coronation of his sonne Phillip the second surnamed Augustus whom he caused also to be Crowned in his dayes as his Grand-Father Phillip had been and as himselfe had been also in his Fathers dayes This man among other Royal Ceremonies ord●ined the offices of the twelve Peers of Fraunce 6 Ecclesiasticall and 6. temporall who are they which ever since have had the cheifest places and offices in this great action for that the foresaid Arch-Bishop of Rhemes intituled also Duke of Rhemes hath the first and highest place of all others and 〈…〉 King The Bishop and Duke of Laon beareth the gl●sse of sacred 〈…〉 and Duke of Langres the Crosse The Bishop and Earl of 〈…〉 the Bishop and Earle of Noyon the Kings girdle and Last of all the Bisho● and 〈◊〉 of Chalons doth carry the ring and these are the 6 acclesiasticall Peites of France with their offices in the Coronation The temporall Peers are the Duke of Burgundie Deane of the order who in this day of Coronation holdeth the Crowne the Duke of Gasconi● and Guyene the first banner quartered the Duke of Normandie the Second banner quartered the Earl of Tholofa the golden Spurres the Earl of Champanie the banner Royall or standard of Warr and the Earl of Flanders the Sword Royall so as there are 3 Dukes and 3. Earles one of both rankes of Spirituall and temporall Lords and as Gidard noteth the King is apparraled on this day 3 times and in 3 severall sortes the first as a Priest the second as a King Warrier the third as a Judge Girard du haillan li. 3. de Pestat page 240. 242. and 258. and finally he saith that this solemnitie of annointing and Crowning the King of France is the most magnificent gorgious Majesticall thing that may be seen in the world for which he referreth us not only to the particuler 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 Phillip Augustus before I passe any further which happened in the year 1179. and in the 25. of the reigne of our King Henry the 2. of England who as the French stories say was present also at this Coronation and had his ranke among the Peeres as Duke of Normandy and held the Kings Crown in his hand and one of his Sonnes had his ranke 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 passe al the particular Ceremonies which are largely to be read in Francis Belforest in the place before mentioned and I will repaire onely the Kings Oath which the said author recounteth in these words The Arch-Bishop of Rhemes being vested in his pontificall attire and come to the Alter to begin Masse where the King also was upon a high seat placed he turned to him and said these
to alledge out of the 2. rank only which began with the exclusion and deposition of their lawfull king Childerike the 3. and election of k. Pepin then surnamed le brefe or the little for his small stature though he were a Gyant in deeds being made king of France by meer election in the yeer of Christ 751. after 22 Kings that had reigned of the first line of Pharamond for the space of more then 300 yeers being so famous worthy a King as all the world knoweth reigned 18 yeers and then left his States Kingdoms by succession unto his eldest Son Charles surnamed afterward the Great for his famous heroicall acts And albeit the whole kingdom of France appertained unto him alone by the law of succession his Father being King and hee his eldest Son yet would the Realm of France shew their authority in his admission which Girard setteth down in these words Estant Pep●n decede les Francois esleurent Rois Charls Carlomon ses fils ala charge quils partageroient entre eux egalement le royaume 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 besi●es succession but also the heavy condition laid upon the heyre 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 publike Assembly did chuse two Princes to be their Kings with expresse condition to divide the Realm equally as Francis Belforest citeth his words Eginard Belfor l 2. c. 5. After 3 yeers that these two Brethren had reigned together K. Carlomon the yonger dyed and left many Sons the elder whereof was named Adalgise but Belforest saith That the Lords Ecclesiasticall Temporall of France swore fidelity and obedience to Charles without any respect or regard at all of the child●en of Carlomon who yet by right of succession should have been preferred and Paulus Emilius a Latine 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 Realme coming of their own accord un●o Charles saluted him k. of all France whereby is shewed that this exclusion of the children of Carlomon was not by force or tyranny but by free delibera●ion of the Realm After Charles the great reigned by succession his only Son Lewis the first surnamed de●onnaire of h●s courtesie who entring to reig● in the yeer 817. with great applause of all men for the exceeding gratefull memory of his father was yet afterward at the pur●uit principally of his own three sonnes by his first wise which were Lothair Pepin and Lups deposed Girard l. 1 An. 834. first in a chancell at Lions and then again at Compeigne and put into a monastery though afterward he came to reigne againe An 840. and his fourth sonne by h●s second wife which sonne was named Charles le ch●une for that he was bald ●ucceeded him in the states of France though after many battells against his brother Lothair to whom by succession the same apperteyned 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 dyed before his Father the eldest was put by his succes●ion for his cruell demeanure this Lewis also was like to have bin 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 wils This Lewis the stuttering left two bastard sons by a Concubine who were called Lewis Carlomon as also he left a litle Infant newly born of his lawfull fe Adeltrude daughter to k. Alfred of England which Infant was K. of France afterward by name of Charles the simple albeit not immediatly 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 joyntly they were crowned most solemnly divided the whole Relm between them in the yeer 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 yeers in which time she saw 4 or 5 Kings Reigne 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 yeers and dyed without issue the 2d that is Carlomon lived but one yeer after him left a Son called also Lewis the 5. surnamed Faineant for his idle slothfull life an 886. For which as also for his vicious behaviour in perticular for taking out marying a Nun of the Abby of Baudour at Chels by Paris he was deprived made a Monk in the Abbey of S. Denis where he dyed in his place was chosen K. of France and crowned with great solemnity Charles the 4. Emperour of Rome srrnamed le gios for that he was fat corp●lent he was Nephew to Charles the bald before mentioned therfore 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 heire 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 againe when this grosse Charls was for his cruel government by them deposed deprived not onely 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 yeers being weary of this mans 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 Charls the simple out of England to Paris and restored him to the kingdom of France leaving only to
themselves secure in conscience as you see for doing the same which God hath also since seemed to confirm with the succession happy successe 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 yeeres 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 lineall discent and of next succession by bloud Whereof also there would not want divers examples in the third and last discent since Hugo Capitus his time if we would passe further to examine the stories thereof For not to go further down then to the very next discent 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 yeers by the name of H. the 1. and this he saith hapned 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 recompence 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 lawfull 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 dyed as also for avoid●ng dissention 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 lawfull uncles upon such considerations as those States may be presumed to have had for their doings I read also that some yeers after to wit in the ye●r 1●10 when Philip the 1. of France son and heyr to this K. Henry was deceased the people of France were so offended with his evill life and government as divers were of opinion to dis-inherit 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 hast and out of order in Orleans for prevnting 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 dis-inherited 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 dred while the other was very young a●● noted before also that it hapned in K. Hen. the 3 of England w●o was once condemned by the Barons to be dis-inherited for the fault of K Iohn his Father Lewis the Prof France chosen in his place but that the death of K. Iohn did alter that course intended by the English Nobi●ity so as this mat●er is neither n●w nor unaccustomed in all sorraign Countries and now will I passe 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 Britains it had Romans for their Governours for many yeer then of them their Roman bloud they had Kings againe of their own as appeareth by that valiant King Aurelius Ambrosius who resisted so manfully prudently the Saxons for a time after this they had Kings of the Saxon English bloud 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 Britains again in K. H. 7. for that his Father came of that race and now you know there bee pretenders of divers Nations I mean both of Scottish Spanish and I alian bloud so that England is li●e to perticipate with all their neighbors round about them I for my part do feel my self much of the French opinion before alleadged that so the ship be well and happily guided I esteeme it not much important of what race or Nation the Pylot be but now to our purpose I mean to passe over the first and ancient ranks of Kings as well of the Brittish 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 ●roperly the first Monarch of the Saxon bloud 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 jelousie 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 bloud 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 yeers 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 creatur Pol. hist. aug l. 4. in sine That he was created or chosen King by consent voyce of all men though yet he were not next propinquity of bloud royall as is most evident and yet he proved the most excellent King that ever the Saxons had before or perhaps after his election hapned in the yeer 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 lawfull Son behind him
Saul though he were elected by God to that royal Thron 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 lawfull King also and that by natural discent 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 Successours as I have named the like whereof are not to be found in the whole ranke of kings for a thousand yeares 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 yeares 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 needfull to say any thing how excellent a king he was for as many learned men do note he was a most perfect paterne for al 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 farre in acts that which is written of him and this not onely in matters of religion piety and devotion but also of chivalry valour wisedom 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 affirme for defacing of Christian vertue That religion and piety are le ts oftentimes to politique and wise Government and do break or weaken the high spirits of magnanimous men to take in hand great enterprises for the Common-wealth 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 politique 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 politique Prince for first of al he began with reformation of his own Court and Realm in matter of good lif 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 Councellour 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 needfull both for his Court and also the Common-wealth with the Armes of the Crown which was a Lion in remembrance of the Lion which he had slain with his own hands when he was a childe he ordained a mynt with a peculiar forme 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 himselfe to his old exercise of Warres to which he was given from his child hood being wonderfull 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 Goliah and as he had shewed himselfe a great Warriour and renowned Captain many yeares in the service of Saul against the Philistims and had gained many noble victories so much more did he after he was king himselfe for that he conquered not onely the philistims but also the Amorites Idumeans Moabites with the kings and people of Damasco and all Syria even unto the River Euphates and left all these Countries peaceable to his Successour 2 Reg. 8. and in three or four Battailes wherein David himselfe was present within the space of two or three yeares almost a hundred thousand Horse and Foot slain by him 8. paral 18. and that himselfe flew in his dayes 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 Captaines as each one of them was able to lead and governe a whole Army and yet among all these expences of Warres had he care to lay up so much money and treasure as was sufficient for the building of that huge and wonderfull Temple after him which hee recommended to his son Salomon and amidst all this valour and courage of so warlike a King and Captaine had he so much humility as to humble himselfe 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 continuall businesses both Martiall and Civill and great affaires of the Commonwealth he had time to write so many Psalmes as we see and to sing prayses 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 dyed as never Prince I thinke before him nor perhaps after him so joyned together both valour and vertue courage and humility wisdome and piety government and devotion nobility and religion Wherefore though I have been somewhat longer then 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 returne to the 〈◊〉 of whom we spake before we shall finde 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 peeces 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 Jewes as Ter●ul● and other Fathers does note 〈…〉 contrahaeres Iustin Martyr apolog Hee began also the building of their Capitol added the two months of January and February to the yeare and did other such notable things for that Commonwealth Againe when Tarqui●ius
whom they alleadged this reason for their doing in that behalfe as Girard putteth it downe 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 maintaine and defend him against all men as long as he was just religious valiant clement and would resist the enemies of the Crowne punish the wicked and conserve the good and defend the Christian faith And for as much as these promises said they were conditionall they ought not to hold or binde 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 meanes Childerie was deposed and 〈◊〉 into a Monastery where he dyed 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 testifie And so continued the race of Pepin in the royall throne for almost two hundred years together untill Hugo Capetus Hug. Cap. per an 988. who was put into the same throne by the same authority of the Commonwealth and Charles of Loraine last of the race of Pepin for the evill satisfaction which the French Nation had of him was put by it and kept prisoner during his life in the Castle of Orleance And thus much doe affirme all the French Histories and doe attribute to these changes the prosperity and greatnesse of their present Kingdome and Monarchy and thus much for France where many other examples might be alleaged as of King Lewis the third sirnamed Faineant For that he was unprofitable and of Charles sirnamed 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 Spayne where there will not faile us also divers examples both before the oppression of that Realme by the Moores as also after Concil Tolet. 4. cap. 4. Ambros morac l. 11. cap. 17. For that before to wit about the yeare of Christ 630. we read of a lawfull King named Flaveo Suintila put downe and deprived both he and his posterity in the fourth Councell Nationall of Toledo and one Sissinando confirmed in his place notwithstanding that Suintila were at the beginning of his reigne a very good King and much commended by Isidorus Archbishop of Sivill Isidor in Hist hispan who yet in the said Councell was the first man that subscribed to his deprivation After the entrance of the Moores also when Spaine was reduced againe 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 yeare of Christ 1282. one Don Alonso the eleventh of that name King of Castile and Leon succeeded his father Fernando sirnamed the Saint and himselfe obtained the sirname of Sabio and Astrologo that is to say of wise and of an Astrologer for his excellent learning and peculiar skill in that Art as may well appeare by the Astronomy tables that at this day goe under his name which are the most perfect and exact that ever were set forth by judgement of the learned This man for his evill government and especially for tyranny used towards two nephews of his as the Spanish Chronicler Garavay writeth was deposed of his Kingdome by a publicke act of Parliament in the Towne of Valiodolid after he had reigned 30. yeares and his owne sonne Don Sancho the fourth was crowned in his place who for his valiant acts was sirnamed ●l bravo and it turned to great commodity of the Commonwealth The same Commonwealth of Spaine some yeares after to wit about the yeare of Christ 1368. having to their King one Don Pedro sirnamed the cruell for his injurious proceeding with his Subjects though otherwise he were lawfully seased also of the Crowne as son and heire to King Don Alonso the twelfth and had reigned among them 18. yeares yet for his evill 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 Crowne upon himselfe Garibay l. 14. c. 40. 41 which he did and by the helpe of the Spaniards and French Souldiers he drave the said Peter out of Spaine and himselfe was crowned And albeit Edward sirnamed the black Prince of England by order of his father King Edward the third restored once againe the said Peter yet was it not durable for that Henry having the favour of the Spaniards returned againe and deprived Peter the second time and slew him in fight hand to hand which made shew of more particular favour of God in this behalfe to Henry and so he remayned King of Spaine as doth also his pr●geny injoy 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 prowesse in Chivalry was called by Excellency El cavallero the Kingly King and for his exceeding benignity and liberality was sirnamed also El del merceedes which is to say the King that gave many gifts or the liberall franck and bountifull King which was a great change from the other sirnamed cruel that King Peter had before and so you see that alwayes I give you a good King in place of the bad deposed In Portugal also before I goe out of Spaine I will alleage you one example more which is of Don Sancho the second surnamed Capelo fourth King of Portugal lawfull sonne and heir unto Don Alanso surnamed el Gardo who was third King of Portugal This Don Sancho after he had reigned 34. yeares was deprived for his defects in government by the universall 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 generall Councell in Lyons Pope ●nnocentius the fourth being there present who at the Petition and instance of the whole Realme of Portugal by their Embassadors the Archbishop of Braga Bishop of Camibra and divers of the Nobility sent to Lyons for that purpose did authorize the said State of Portugal to put in supream government one Don Alonso brother to the said King Don Sarcho who was at that time Earle of Bullen in Picardy by right of his wife and so the Portugales did and further also a little after they deprived their said King
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 sweare the one to assist the other upon the way in all respect● after falling upon enemies that were either kin or friends to the one of them he should take their part against his fellow cleer 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 it self but in many other also it is both lawfull honest convenient to leave sometimes the performance of our oath as namely when the fulfilling thereof should containe any notable hurt or inconvenience against Religion Piety justice honesty or the weal publike 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 it self 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 alledge 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 sory 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 evill 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 antient Popes Doctors and in the second part of the Decret there is alledged 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 evill promises perform not your word in an unlawfull vow or oath change your determination for it is an impious promise which cannot be fulfilled but with wickednesse 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 largly handled in our law both Civill Canon then 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 Common-wealth at his admission or coronation the other when it should turn to the notable dammage of the weal publike for whose only good the Princes 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 Pharamond for that as Paulus Em●lus Belforest G●rard and other French stories do testifie 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 Common-wealth of France made his Speech to Zachary the Pope for his deposition and for the election of Pepin in his place alledged these reasons saying Truth it is that the French have sworn fidelity unto Ch●ldericke as to their true naturall King but yet with condition that he on his part should also performe the points that are incident to his office which are To defend the Common-wealth protect the Church of Christ resist the wicked advance the good the like and it he doe this then the F●ench are ready to continue their obedience allegeance 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 Publike then it is lawfull for you no doubt most holy Father to deliver the French from this band of their oath to testifie that no promise can bind this Nation in perticular to that which may be hurtfull to all Christendome ingenerall Thus far that Bishop and his speech was allowed and Chelderick deposed and Pepin made King in his place By this then you see the ground whereon dependeth the righteous and lawfull deposition and chastisement of wicked Princes viz. their fayling in their oath promises which they made at their first en●rance that they would rule and govern justly according to law conscience equity and religion wherein when they fayle 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 allegeance to such unworthy Princes but is bound moreover for saving the whole body to resist chasten remove such evill heads if she be able for otherwise all would come to destruction ruine and publike desolation And here now comes in all those considerations which old Phylosophers Law-makers such others as have treated of Common-wealths 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 becommeth a Tyrant that is to say of the best most Soveraign thing upon earth the worst most hurtful creature under Heaven for that as the end office of a King is to make happy his Common-wealth 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 speciall book set forth of this matter by one Bartolus Father of Civil Law where the matter is handled
300. years after recorded by the same author of the Emperour Michaell the first in these words The Grecian Emperours oath Michaell 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 Michell new chosen Emperour came early in ●he morning into the great Church of Constantinople and was crowned there with the Emperial 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 bloud which in effect is as much to say as that he should reign godly justly many other such examples might be alledged but by this it is easie to see what was the fashion of admitting crowning those Grecian Emperours by their Patriarks in the name of all the Common-wealth which Common-wel●h was not satisfied with an oath except also it were set down in writi●g And if we passe to the Latine VVest Empire which about this very time was restored by Zachary the Pope by the whole Common-welth of Rome was given to Cha●les the great his Posterity we shall find that this point is more setled 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 begining untill afterwards it was appointed by Pope Gregory the 5. to passe by the election of certaine Princes in Germany that now enjoy that priviledge to be Electors yet shal we see alwayes that they even before this constitution when this dignity went by succession were never admi●ted to the same without this circumstance of swearing to conditions of righteous government the forme manner o which admission for that I find it set down more perfectly perticulerly in the coronation of O●ho the I then of any other Emperor that by many Authors that this Otho was son heyr unto the famous Emperor of Hen. 1. of that name Duke of Saxony surnamed the Faulkner for the great delight ●e had in the flight of Faulcons 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 untill 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 Alter 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 signifie 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 Alter where lay all the ornaments ensigns of the Empire as the sword with the girdle the cloke with the bracelets th● staf with the scepter 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 adversari●s ma●os christianos authoritate divino per Episcopos tibi tradita w●t●chin l. 2 which is take unto thee this sword wh●reby thou mayst cast out drive away all the enemies of Christ whether they be barbarous infidels or evill 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 Emperours promise to perform all And after al Rex persusus olco sancto co●onatur diademate aureo ab Episcopis ab eisdem ad soticitur in eo colocatur The King being annointed with holy oyle was crowned by the Bishops and by the same was brought to the royall seat and therein placed This happened about the year of Christ 940. and the ceremony is recounted in ore amply in this mans coronation then in any other both for that he was a very noble prince and the very first of the Germain nation that was lawfully and orderly preferred to the imperiall 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 Emperour by succession as also by appointment of his Father yet was he chosen and admitted againe by the Princes and people and that he swore to fulfill all those points and conditions which the signification of the Emperial ornaments did bind him unto After this about 60 Yeares or more Pope Gregory the 5. in a synod holden in Rome did by the consent of Otho the 3. Emp●ror Nephew unto this other Oth● appoint a certain form of Election for the time to come of the German Emperour that he should be chosen by six Princes of Germany three eclesiasticall which are the Arch-Bishops of Moguntia Colen and Trevires and three temporall Lords Blend decad 2 li. 3 Crant l. 4. cap. 25. Duke of Saxony the County Palatine of Rhene and the Marques of Brandeburg and when these 6 voices should happen to be equally devided then that the Duke of Bohemia for then it was no Kingdom should have place also to determin 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 downe and recorded by many historiographers of that time and since But I shall alleadge them only out of Iohn Sleydan as the most convenient Authour 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 Emperour untill he be Crowned and the conditions which he sweareth unto presently after his election Are to defend the Christian and Catholique Religion to defend the Pope and Church of Rome whose advocate he is to minister iustice equally to all to follow p●ace to keepe and observe all Lawes Rights and Priviledges of the Empy●e not to alienat or engage the possessions of the Empyre to condemn
words in th● name of all the Cleargie and Churches of France Sir that which we require at your handes this day is that you promise unto us that you will keep all canonicall priviledges law and Justice due to be kept and d●fend●d as a good King is bound to do in his Realme 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 maintaine all canonicall priviledges law and Justice due to every man to the uttermost of my power and by Gods helpe shall defend you as a good King is bound to doe in his Realme This being done the King did sweare and make his Oath laying his handes upon the Gospell in these words following Au●nom de Iesus Christ ie Jure promots aw peuple Christi●n a may suject cos thoses c. Which is in English in the name of Jesus Christ I do sweare 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 excesse rapin extortion and iniquitie Secondly I will take order that in all iudgments 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 chuse 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 Gospells Thus sweareth the King and then kisseth the Gospells and immediately is sung Te Deum laudamus and after that are said many particular prayers by the Arch-Bishop and then is the King vested and the ring scepter Crown and other Kingly Ornaments and Ensignes are brought and put upon him with Declaration first what they signifie and then particuler prayers are made to God that their signification may be by the King fulfilled And after all ended the Arch-Bishop with the Bishops do blesse him and say these words unto him God which reigneth in Heaven and governeth all Kingdoms blesse you c. Be you stable and constant and hold your place and right from henceforth which here is committed and layd 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 then other men you have seene them to approach to Gods Alter to the end that Jesus Christ Mediatour of God and man may confirme maintaine you by the Clergy and people in this your Royall Seat and Throne who being Lord of Lords and King of Kings make you raigne with him and his Father in the life and glory everlasting Thus saith the Arch-Bishop unto him and after this he is led by him and the other Peeres unto the seat Royall 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 bin 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 particuler formes of Anointing and Crowning their Kings from this ancient Custome of France though the substance thereof I meane 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 singuler priviledge of honour and preheminence unto them whereof King David made so great accompt when he said to the Souldier that had kissed Saul his enemy in the war 2. Reg. 1. quaere non to ●uisti mittere manum tuam in Christum Domini Why diddest thou not feare 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 himselfe had lawfully borne Armes against him for many dayes so much was that ceremony of Anointing estemed in those daies and so hath it been ever since among Christian people also for that Kings hereby are made sacred and doe not only participate with Priests but also with Christ himselfe 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 King be much elder then the Christian Kingdom of France yet is this particuler rule and maiesticall manner of doing the same by way of Coronation the most ancient in Frauce aboue all other Kingdomes round about especially if it began with their first Christian King Clodovious not full 500. Yeares after Christ as French Authors doe hold At what time also they recount a great miracle of holy Oyle sent from Heaven by an Angell for Anointing Clodou●us whereof they say they have still remaining for the Anointing of their Kings at Rhemes which point I will not stand to treat or discourse in this place but rather will referr my reader to the foresaid Chapter of Francis Belforest Chronicler of France Belfo. l. 3. Cap. 17. who alleadgeth divers writers of almost 500. year antiquitie 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 begining long after the reigne of Clodoneus might be taken from thence so the affinity likenesse of one to the other doth seeme to agree and Garibay also the Chronicler of Spaine and Nauarra in his 22. Booke Estevan Garribay lib. 22. c. 1. talking of this custome of annointing and Crowning the Kings of Nauarra saith that this excellent custome began there I meane in Nauara about 800. yeares past and was brought in by certain Earls of Champain of France named Theobaldes who comming to attaine that Crowne brought with them that reverent ceremony of Anointing and Crowning their Kings according to the use of the French which custome endureth untill 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 firr the greater it was left of in the Year 1513. when Fardinande surnamed the Cathol que King of Spaine entred thereupon for the Spanish Kings are never Anointed nor Crowned but otherwise admitted by the Common wealth But among all other Kingdomes it seemeth that England hath most particularly taken this custome Ceremony from France not only for the reason before
alleadged that diverse of our English Kings have come out of France as William Corquerour borne in Normands King Steven soune to the Earl of Blois and Bolen a French man and King Henry the Second born likewise in France and sonne to the Earl of A●iou but also for that in very deede the thing it selfe is all one in both Nations and albeit I have not seen any particuler Book of this action in England as in French there is yet it is easie to gather by stories What is used in England about this affaire For first of all that the Arch-Bishop of Ca●terbury did ordinarily doe this ceremony in England as the Arch-Bishop of Rhemes doth it in France there is no doubt and with the same solemnity and honour according to the condition and state of our Countrey and Polidor Virgill in his story Polid. ib. 13 Hist Angile in vita Henrici noteth that Pope Alexander did interdict and suspend the Arch-Bishop of Yorke with his two assistants the Bishops of London and Salisbury for that in the absence of Thomas Becket Arch-Bishop of Canterbury and without his licence they did Crown King Henry the seconds sonne named also Henry at his Fathers perswasion and divers do attribute the unfortunate successe of the said King Henry the younger that rebelled against his Father to this disorderly and violent coronation by his Fathers appointment Secondly that the first thing which the said Arch-Bishop requireth at the new Kings hands at his Coronation is about religion Church matters and the Clergie as in France we have seen it appeareth evedently by these words which the same Arch-Bishop 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 Alter at Westminster for keeping and defending the liberty of the Church when you were consecrated and Anointed King by Thebaldus our predecessour By which words appeareth that as the King of England was consecrated and anointed in those dayes by the Arch-Bishop of Canterbury so did he sweare and give up his Oath also in writing and for more solemnity and obligation laid it down or rather offered it up with his owne hands upon the Alter so much as was required of him by the said Arch-Bishop and Clergie for the speciall safety of Religion and these Ecclesiasticall liberties which is the selfe same point that we have seene before as well in the Oath of the Kings of France as also of Polonia and Spaine and of the Emperours both Grecian and German The very like admonition in effect I finde made by another Thomas Arch-Bishop 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 Yeare 1404. the King was tempted by certain temporall men to take away the temporalities from the Clergie whereunto when the said Arch-Bishop 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 priviledges and 〈…〉 of his prodecessours it did enjoy and to fear that King which reig●eth 〈…〉 by whom all other Kings do reigne 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 Arch-Bishop the King was so far moved as he would heare no more of that bil of the laytie but said that he would leave the Church in as good estate or better then he found it and so he did but yet hereby we come to learne what Oath the Kings of England do make at their Coronations touching the Church and Clergie The other conditions also of good government are partly touched in the speech of the Arch-Bishop Holinosh in his Cro. Page 476. and 1005. and much more expresly set down in the King of Englands Oath recorded by ancient writers for that he sweareth as both Holinshead and others do testifie in their English stories in these very words to wit That he will during his life beare reverence and honour unto almightie God and to his Ca●holique Church and unto his Ministers and that he will administer law and justice equall to all and take away all unjust Lawes Which after he had sworne laying his handes upon the Gospells then doth the Arch-Bishop turning about to the people declare what the King hath promised and sworne and by the mouth of a harrald at armes 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 yealded themselves then begineth the Arch-bishop to put upon him the regall Ornaments as the sword the ring the scepter Crown as before in the French Coronation you have heard and namely he giveth him the Scepter 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 keepe thy Oath and thereunto adjoyneth 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 summe of the English Coronation which you may read also by piece meale in Iohn Stow. Stow in vita Richardi 2 in fine according as other things in that his brief collection are set down but especially you shall se 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 Arch-Bishop of Canturbury who was the same Thomas Arundell 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 Common-wealth which wedding importeth as you know an Oath and mutuall obligation on both sides in every marriage and the Earle of Northumberland high Constable of England for that day was willing to shew the said Ring to the people that they might thereby se the band whereby the King was bound unto them And then it was put upon his finger and the King kissed the Constable in signe of
Government and so placed as hath been said is under no law or restraint at all of his authority but that himselfe 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 Common-wealth 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 patterne of a tyrannicall Government which how it did further the King of Navar I do not know His other proposition is Apolog. pro Rege Cap. 20. That albeit the heire apparant 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 sences mad furious lunatique a fool or the like or that he should be known on the other side to be most malicious wicked vitious or abominable or should degenerate into a very beast yea if it were known that he should goe about to destroy the Common Wealth and drowne 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 Common-wealth may reforme or restrain him Which I doubt not will seeme unto you rather belly and base doctrine then to come from the head of any learned or discreet man that regardeth the end why Common-wealths 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 particuler 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 Governours to Common-wealths 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 temporall things uppon earth have but like as before I have shewed of the particuler Government of a Monarchy in respect of other forms of regiment to wit that is wanted not all but had fewer inconveniences then their formes of Regiment have so say I also of this that albeit some inconveniences want not in succession yet are they commonly far lesse and fewer then would follow by meere election which are subiect to great and continuall dangers of ambition emulation division sedition and contention which do bring with them evident peril of universall 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 heire hath more care to leave the realme in good order as we see that the husbandman hath to till and manure that ground which is his owne and to remaine to his posterity 3. A third commodity also there is for that lesse mutations and alterations are seen in the Common-wealth where succession prevaileth for that the sonne following his father doth commonly retaine the same friends councellors 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 aliene to him that went before him and never lightly his friend doth change alter and turne 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 Crowne bringeth with him lesse passions of hatred emulation anger envie or revenge against particuler men for that no man durst offend him then doth he which entereth by only election for that he having bin a subject equall to others before his advancement and thereby holding contention with many espetially at this election must needs have matter of quarrell with many which he will seeke easily to revenge when he is in authority as one the other side also such as were his equals before will beare him lesse respect and more unwillingly be under him then by birth he had been there Soveraigne 5. These and diverse other are the comodities of succession whereunto we may also add the preheminence and priveledge of primogenitura and auncetrie 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 himselfe and one notable example among other occurreth to my mind of the two sonnes of Isack of the which two albeit God hath ordained to chuse the younger before he was borne as S. Paul testifieth and to reject the elder that is to say that Iacob should inherite the benediction not Esau Yet would God have his yonger to procure the said priviledge of eldership from Esau by divers means as first by bargain and after by guile according to the storie 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 disce●t● and successions of Kings were commonly among that people for that ordinarily the elder 〈◊〉 ever succeded his Father in the Crowne of Iury. And the secon● p●int 〈…〉 God would shew even in this begining that yet this priviledge was not so 〈◊〉 but that upon just causes it might be broken as it was by this his choyce of Iacob the yonger and rejecting Esau the Elder and many times after in matter of government the same was practised by God himselfe as when Iudah the fourth tribe and not Ruben the 1 and Eldest was apointed by God enioy the scepter and Crown of the Iewes as also when King David died not in his first second or third sonne 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 begining over ruled and determined by authority and example of holy writ it selfe namely and 1
pretended that he was chosen before by● K. Edw. the Confessour 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 cleerly yet do many other forrain 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 comming 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 alledging 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 bee of no importance in the world for that effect seeing it was no other but that his Grandfather and King Edwards mother were brother and sister which could give him no pretence at all to the succession of the crowne 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 holinesse was so much esteemed in those daies as one constan●inus After wrote a booke of his miracles being informed by Duke William of the justnesse of his pretence did send him his benediction and a pr●cious ring of ●od with a hollowed banner by which hee gett 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. Sainct writing of this matter in his chronicles speaketh great good of vvilliam conqueror commendeth his enterprise But howsoever this was the victory we see he get and God prospered his pretence and hath confirmed his of-spring in the Crown of England more then 500 yeares together so as now acc●unting from the death of King Edmond I consider unto this man we shall find as before I have said in lesse then 5● yeares that 5. or 6 Kings were made in Eng●and one after another by only authority and approbati●n of the ●ommon wealth contrary to the ordinary course of ineall succession by propinquity of blo●d And al this is before the conquest but it we should passe any further down we should find more e●amples then before For first the two sonnes of the Conquerour himselfe that succeeded after him to wit William Rufus and Henry the first were they not both younger brothers to Robert Du●e of Normandie to wh●m the most part of the realme was inclined as Polydor saith Polyd. in vita Gul. Conq. to have given the kingdome presently after the Conquerors death as due to him by succession notwithstanding that W●illiam for perticular displeasure against his elder sonne and had ordein●d the contrary in his testament But that Robert being absent in the War of Hierusalem the holy and learned man Lanfranke as he was accompted then Archbishop of Canterbury being deceived with vain hope of William Rufus An. 107 good nature perswaded th●m the contr●ry who was at that day of high estimation and authority in England and so might indu●e the realme to do what he liked By like meanes gat Henry his younger brother the same crown afterwards to wit by fair pr●mises to the peop●e and by help principally of Henry Newborow ●arle of Warwick that dealth with the nobility for him and Maurice Bishop of London with the cleargie for that Ans●lme Arch bishop of Can●erbury was in ba●nishment Besides this also it did greatly helpe his cause that his elder brother Robert to whom the Crowne by reign appetteined was absent again this second time in the vvarre of Ierusalem and so lost thereby his Kingdome as before Henry having no ther title in the world unto it but by election and admission of the people which yet he so desended afterwards against his said brother Robert that came to claim it by the sword and God did so prosper him the● rein as he took his said elder brother prisoner and so kept him for many yeares untill 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 Emperour Henry the fist he dyed wit●out issue and then was shee married againe the second time to Geffry Pantage●t 〈◊〉 of Earle of Anjow in France to whom she bare a sonne named Henry which this King Henry his grand father caused to be declared for heire apparent to the Crowne in his daies bu● yet after his disceasse for that Stephen Earl of Bollogne born of Adela daughter to William the Conquerour was thought by the state of England to be more 〈◊〉 to governe and to defend the land for that he was at mans age then was Prince Henry a child or Ma●de ●is mother he was admitted and Henry put backe and this chiefly at the perswasion of Henry Bish●p of Winche●●er brother to the said Stephen as also by the sollicitation of the Abbot of Glast●nbury and ●thers 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 avoyding and ending whereof the states ●●me years after in a Parliament at vval ingford made a agreement that Stephen should be lawfull King during his life only and that Henry and his of-spring should succeed him and that prince vvilliam King Stephens sonne should be deprived of his succession to the crowne and made onely Earle of Norfolke thus did the stat● dispose of the crown at that time which was in the yeare of Christ 1153. To ●his Henry succeded by order his oldest sonne then living named Richard and surnamed Cordelton for his Valour but after him againe his succession was broken For that Iohn King Henries youngest sonne 〈◊〉 youuger brother to Richard whom his father the King had left so unprovided as in jest he was cal●ed by the French Iean sens terre as if you wou●d say Sir Iohn 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 Brittaine sonne and heir to Geffry that was elder brother to Iohn was against the order of succession excluded ●nd albeit this Arthur did seeke to remedy the matter by warr yet it seemed that God did more defend this election of the Common wealth then the right title of Arthur by succession for that Arthur was over-come and ta●en by King Iohn 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 Iohn