him and the Duke of York and solemnly sworn on both sides the 8 th of October in the year 1459 In punishment whereof and of his other negligent and evil Government though for his own particular Life he was a good man as hath been said Sentence was given against him partly by Force and partly by Law and King Edward the fourth was put in his place who was no evil King as all English-men well know but one of the renownedst for martial Acts and Justice that hath worn the English Crown But after this man again there fell another accident much more notorious which was That Richard Duke of Glocester this King Edward's younger Brother did put to death his two Nephews this man's Children viz. King Edward the 5 th and his little Brother and made himself King And albeit he sinned grieveously by taking the Crown in this wicked manner yet when his Nephews were once dead he might in reason seem to be lawful King both in respect that he was next Male in Bloud after his Brother as also for that by divers Acts of Parliament both before and after the death of those Infants his Title was authorized and made good and yet no man will say I think but that he was lawfully deposed again afterwards by the Commonwealth which called out of France Henry Earl of Richmond to chastize him and to put him down and so he did and took from him both Life and Kingdom in the Field and was King himself after him by the Name of King Henry the seventh And no man I suppose will say but that he was lawful King also which yet cannot be except the other might be lawfully deposed And moreover as I said at the beginning 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 viz. John Edward the second Richard the second Henry the sixth 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 infinite important Acts in their Commonwealths and among other have raised many Houses to the Nobility put down others changed States both abroad and at home distributed Ecclesiastical Dignities altered the course of Descent in the Bloud-Royal and the like all which was unjust and is void at this day if the changes and deprivations of the former Princes could not be made and consequently none of these that do pretend to the Crown of England at this day can have any Title at all because they descend from those men who were put up in place of the Deprived And this may be sufficient for proof of the two principal points which you required to be discussed in the beginning of this Speech viz. That lawful Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment and that God hath allowed of and assisted the same with good success unto the Weal-publick And if this be so or might be so in Kings lawfully set in possession then much more hath the said Commonwealth Power and Authority to alter the Succession of such as do but yet pretend to that Dignity if there be due reason and causes for the same which is the head point that first we began to treat of said the Civilian and with this ended he his Spech without saying any more CHAP. IV. Wherein consisteth principally the lawfulness of Proceeding against Princes which in the former Chapter is mentioned What Interest Princes have in their Subjects Goods or Lives How Oaths doth bind or may be broken by Subjects towards Princes And finally the difference between a good King and a Tyrant WHen the Civilian had ended his Speech the Temporal Lawyer looked upon the standers by to see whether any would reply or no and perceiving all to hold their peace he began to say in this manner Truly Sir I cannot deny but the examples are many that you have alledged and they seem to prove sufficiently that which you affirmed at the beginning to wit that the Princes by you named were deprived and put down by their Common-Wealths for their evil Government And good Successors commonly raised up in their places and that the Common-Wealth had Authority also to do it I do not greatly doubt at least wise they did it de facto and now to call those facts in question were to imbroyl and turn up-side-down all the states of Christendom as you have well signified but yet for that you have added this word Lawfuly so many times in the course of your narration I would you took the pains to tell us also by what Law they did the the same seeing that Belloy whom you have named before and some other of his opinion do afirm that albeit by nature the Commonwealth have authority over the Prince to choose and appoint him at the beginning as you have well proved out of Aristotle and other ways Yet having once made him and given up all their Authority unto him he is now no more Subject to their Correction or Restraint but remaineth Absolute of himself without respect to any but only to God alone which they prove by the example of every particular Man that hath Authority to make his Master or Prince of his Inferior but not afterwards to put him down again or to Deprive him of the Authority which he gave him though he should not bear himself well and gratefully but Discourteous rather and Injuriously towards him that gave him first this Authority To which also they do alledge the Speech of the Prophet Samuel in the first Book of the Kings where the People of Israel demanded to have a King to Govern over them as other Nations round about them had and to leave the Government of the High Priests under whom at that day they were At which demand both God himself and Samuel were grievously offended and Samuel by Gods express order protested unto them in this manner Well quoth he you will have a King hearken then to this that I will say Hoc erit jus regis qui imperaturus est vobis This shall be the Right and Power of the King that shall rule over you to wit He shall take from you your Children both Sons and Daughters your Fields and Vineyards your Harvest also and Rents your Servants Hand-maids and Herds of Cattel and shall give them to his Servants and you shall Cry unto God in that day from the face of this your King whom you have chosen and God shall not hear you for that you have demanded a King to Govern you Thus far the Prophet Out of all which discourse and Speech of the Prophet these Men do gather that a King is nothing so restrained in his Power or Limited to Law as you have affirmed but
The saying also of the famous Emperour Trajan deserveth Immortal Memmory and commendation who when he delivered the Sword to a Pretor or Governour of Rome to do Justice he added these Words Take this Sword and if I do Reign justly use it for me and if not then use it against me Which in effect and substance are the very same Words which our Christian Princes at this day do use at their Entrance and Coronations when they promise and Swear to rule justly and according to the Laws Statutes and Ordinances of their Countrey And upon that condition do take the Oaths of their Subjects Obedience protesting therewithal That if they perform not this that then their Subjects are free as before from all Allegiance and then may the Commonwealth as also the very Officers themselves of such a King use their Sword against him who gave it to them for the publick good if need so require as Train Commanders It was truly the Words of a Noble Prince said a certain Captain of the Company there present and rightly deserved he to be well obeyed who gave so liberal and just a Commission to be disobeyed But for that you said they that are Princes now adays do the like in effect at their admission to Government and at their Coronations I would be glad to hear what they say or Swear at this their entrance for certain I am that afterwards I find very few Princes that are contented to have this point put in Execution I mean to be disobeyed whatsoever they do or howsoever they Live And moreover I say that whatsoever you Lawyers sit and talk of Princes right in your Studies yet I find no way but Hanging for a Man of my profession if he shall disobey the worst Prince that liveth and you Lawyers will be the first that shall give sentence against him if he chance to come before you in Judgment True it is said the Civilian where Martial Authority taketh place there 's no question of right availeth to be disputed and if a Lawyer or any other Man else be in fear or danger of his own Life he will rather give Sentence against another then receive it against himself but we talk not here what Men may be driven to do by fear or force of evil Princes but what in right Equity and good Conscience may be done And this not so much by private or particular Men who may not be over busie in examining Princes rights or whether they perform their Duties or no as by the Commonwealth upon urgent necessity and due deliberation had against evil Princes that break openly their Oaths and Promises made at their first entrance which promises for that you are desirous to understand them I am content to pass over all unto this point and so much the rather for that it maketh much to the purpose we have in hand or rather it is the very true ground indeed both of lawful Government and Subjection among Christian People For that by this Oath both the Prince and Subject do come to know and agree upon their duties and obligations the one towards the other as also both of them towards God and their Native Countrey But for that this morning seemeth now much spent and my stomack telleth me that our Dinner cannot be far off let us defer this matter if you please until the afternoon at what time we shall Crown a King between us here with much more facility when we shall have less occasions of hunger to distract our cogitations CHAP. V. Of the Coronations of Princes and manner of their Admission to their Authority and the Oaths which they do make in the same unto the Commonwealth for their good Government DInner being ended the Civilian Lawyer began to prosecute the matter propounded in the end of the former Chapter concerning Oaths and Promises made by Princes at their first admission to Government wherein first he declared that for as much as not Nature but the Election and consent of the People had made their first Princes from the beginning of the World as largely before and often had been demonstrated most certain it appears and conform to all Reason that they were not prefered to this eminent Power and Dignity over others without some conditions and promises made also on their parts for using well this Supreme Authority given unto them seeing it is not likely quoth he that any People would ever yield to put their Lives Goods and Liberties in the hands of another without some promise and assurance of Justice and Equity to be used towards them and hereof he said it came to pass that both the Romans and Grecians prescribed those laws and limits to their ancient Kings which before have been specified And in every Commonwealth the more orderly the Prince cometh to his Crown and Dignity the more express and certain have been ever these conditions and agreements between him and the people as on the other side the more violently the Prince getteth his Authority or by Tyranny and Disorder as those ancient and first Tyrants of Assyria to wit Nimrod Belus and the like that by meer force and guile got rule over the others and the old Kings of Aeâ—ypt and Babylon and those of the Roman Emperours that by violence of Souldiers only got into the Royal Seat and all such as at this day do get by force to reign among the Turks Among these I say it is no marvel that few conditions of just dealing may be expected though I doubt not but yet to their Followers and Advancers these men also do make large promises of good Government at the beginning as all ambitious men are wont to do though with litle intention of performance But in all good and well-ordered Common-wealths where matters pass by Reason Conscience Wisdom and Consultation and especially since Christian Religion hath prevailed and given perfection to that natural light which moral good men had before in matters of Government since that time I say this point of mutual and reciprocal Oaths between Princes and Subjects at the day of their Coronation or Admission for all are not Crowned have been much more established made clear and put in ure And this form of agreement and convention between the Commonwealth and the Christian Head or King hath been reduced to a more Sacred and Religious kind of Union and Concord than before for that the whole action hath been done by Bishops and Ecclesiastical Prelates and the Astipulation and Promises made on both sides have passed and been given received and registred with great reverence in sacred places and with great solemnity of Religious Ceremonies which before were not so much used though there were some And therefore our Examples at this time shall be only of Christian Commonwealths for that they are more peculiarly to our purpose as you will confess First then to begin with the East or Greek Emperors of Constantinople as the
Royal Ornaments of this Crown of France and that you will swear Fealty unto him and do him Homage Thus said the King and then having asked every one of the Assistance in particular for his consent and esterwards the whole Assembly in general whether they would swear Obedience to him or no and finding all to promise with a good will he passed over the Feast of the Ascension with great joy in Paris and after went to Rhemes with all the Court and Train to celebrate the Coronation upon the Feast of Whitsunday Thus far are the words of William de Nangis alledged in the History of France by Belforest And it is to be noted First how the King did request the Noblity and People to admit his Son and secondly how he did ask their consents apart for that these two points do evidently confirm that which I said at the beginning that only Succession is not sufficient but that Coronation ever requireth a new consent which also includeth a certain Election or new Approbation of the Subject This is proved also most manifestly by the very Order of Coronation which ensueth in Belforest taken word for word out of Tillet in his Treatise of Records in the Chapter of anointing the Kings of France in these words In the year of Grace 1059 and the 32 year of the Reign of King Henry the first of that Name of France and in the 4 th year of the Seat and Bishoprick of Rhemes and on the 23 d. day of May being Whitsunday King Philip I. was anointed by the said Archbishop Gervais in the great Church of Rhemes before the Altar of our Lady with the Order and Ceremony that ensueth The Mass being done when it came to the reading of the Epistle the said Lord Archbishop turning about unto Philip the Prince that was there present declared unto him what was the Catholick Faith and asked him Whether he did believe it and wheâ— he would defend it against all persons whatsoever who affirming that he would his Oath was brought unto him whereunto he must swear which he took and read with an audible voice and signed it with his own hand and the words of the Oath were these Je Philippe par le grace de Dieu prochain d'estre ordonné Roy de France promets au jour de mon sacré devant Dieu fes Sanctes c. That is in English for I will not repeat all the Oath in French by reason it is somewhat long I Philip by the grace of God near to be ordained King of France do promise in this day of my anointing before Almighty God and all his Saints That I will conserve unto all that Ecclesiastical Prelates all Canonical Priviledges and all Law and Justice due unto every one of you and I will defend you by the help of Godâ— as much as shall lie in my power and as every King ought to do and as by Right and Equity he is bound to defend every Bishop and Church to him committed within his Realm And furthermore I shall administer Justice unto all people given me in charge and shall preserve unto them the defence of Laws and Equity appertaining unto them so far forth as shall lie in my Authority So God shall help me and his holy Evangelists This Oath was read by the King holding his hands between the hands of the Archbishop of Rhemes and the Bishop of Syen and Bisanson Legats of the Pope standing by with a very great number of other Bishops of the Realm And the said Archbishop taking the Cross of St. Remigius in his hand he shewed first to all the audience the ancient Authority which the Archbishops of Rhemes had even from the time of St. Remigius that baptized their first Christian King Clodoveus to Anoint and Crown the Kings of France which he said was confirmed unto them by the Priviledge of Pope Hormisda that lived in the year of Christ 5 16. and after also by Pope Victor and this being done he then by license first asked of King Henry the Father there present did choose Philip for King II eslent le dit Philippe son fils en pour Roy de France which is word for word the Archbishop chose the said Philip King Henry 's Son in and for King of France which the Legates of the Pope presently confirmed and all the Bishops Abbots and Clergy with the Nobility and People in their order did the like crying out three times in these words Nous le approvouns nous le voulons soit fait nostre Roy that is We will have him let him be made our King And presently Te Deum Laudamus was sung in the Choir and the rest of the Ceremonies of Anointing and Coronation were done according to the ancient order of this Solemnity used in the time of King Philip 's Predecessors Kings of France Thus far do French stories recount the old and ancient manner of Anointing and Crowning their Kings of France which had endured as I have said for almost 600 years that is to say from Clodoveus unto this King Philip the First who was crowned in France seven Years before our William the Conquerour who also was present at this Coronation and had the third place among the Temporal Princes as Duke of Normandy entred into England but after this time the manner and ceremonies were somewhat altered and made more Majestical in outward shew and this especially by King Lewis sirnamed the Younger Nephew to the foresaid King Philip who leaving the substance of the Action as it was before caused divers external additions of Honour and Majesty to be adjoined thereunto especially for the Coronation of his son Philip the Second sirnamed Augustus whom he caused also to be crowned in his days as his Grand-father Philip had been and as himself had been also in his Fathers days This Man among other Royal ceremonies ordained the Officers of the twelve Peers of France six Ecclesiastical and six Temporal who are they which ever since have had the chiefest Places and Offices in this great Action for that the foresaid Arch-Bishop of Rhemes entituled also Duke of Rhemes hath the first and highest Place of all others and anointeth and crowneth the King The Bishop and Duke of â—aon bear the glass of Sacred Oyl The Bishop and Duke of Langres the Cross the Bishop and Earl of Bevais the mantle-Royal the Bishop and Earl of Noion the King's Girdle And last of all the Bishop and Earl of Chalons do carry the Ring And these are the six Ecclesiastical Peers of France with their Offices in the Coronation The Temporal Peers are the Duke of Burgundy Dean of the Order who in this day of Coronation holdeth the Crown the Duke of Gascony and Guyene the first Banner quartered the Duke of Normandy the second Banner quartered the Earl of Tolousa the Golden Spurs the Earl of Champany the Banner Royal or Standard of War
first Christian King Clodoveus not full 500. Years after Christ as French Authors do hold At what time also they recount a great miracle of Holy Oyl sent from Heaven by an Angel for anointing Clodoveus 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 refer my Reader to the foresaid Chapter of Francis Belforest Chronicler of France who alledgeth divers Writers of almost 500. years antiquity that write of the same But howsoever that be very probable it seemeth that all the ceremonies of Coronation in Germany and Polonia before-recited which had their beginning long after the Reign of Clodoveus might be taken from thence and so the affinity and likeness of the one to the other doth seem to agree and Garribay also the Chronicler of Spain and of Navarre in his 22. Book talking of this Custom of Anointing and Crowning the Kings of Navarre saith that this excellent custom began there I mean in Navarre above 800 Years past and was brought in by certain Earls of Champayn of France named Theobaldes who coming to attain that Crown brought with them that Reverend Ceremony of Anointing and Crowning their Kings according to the use of the French which custom endureth until this day in that part of Navarre that is under the house of Vandome albeit in the other that is under the Spaniards which is far the greater it was left off in the Year 1513. when Ferdinand sirnamed the Catholick King of Spain entred thereupon for that the Spanish Kings are never anointed nor crowned but otherwise admitted by the Common-Wealth as before I have declared But among all other Kingdoms it seemeth that England hath most particularly taken this custom and ceremony from France not only for the reason before-alledged that divers of our English Kings have come out of France as William the Conquerour born in Normandy King Stephen son to the Earl of Blois and Bullen a Frenchman and King Henry the second born likewise in France and son to the Earl of Anjou but also for that in very deed the thing it self is all one in both Nations And albeit I have not seen any particular Book of this Action in England as in French there is yet it is easy to gather by Histories what is used in England about this affair For first of all that the Arch-Bishop of Canterbury doth ordinarily do 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 Virgil in his History noteth that Pope Alexander did interdict and suspend the Arch-bishop of York 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 at his Fathers perswasion and divers do attribute the unfortunate success of the said King Henry the younger that rebelled against his Father to this disorderly and violent Coronation by his Father's appointment secondly that the first thing which the said Arch-bishop requireth at the new King's hands at his Coronation is about Religion Church matters and the Clergy as in France we have seen it appeareth evidently by these words which the same Arch-bishop Thomas sirnamed commonly the Martyr remaining in banishment wrote to the same King Henry the second which are these Memores sit is confessionis quam fecistis posuistis super altare apud Westmonasterium de servanda Ecclesiae liberiate quando consecrati fuistis uncti in Regem à praedecessore nostro Thebaldo Which is Do you call to your remembrance the Confession which you made and laid upon the Altar at Westminster for keeping and defending the liberty of the Church when you were consecrated and anointed King by Thebaldus our predecessor By which words appeareth that as the King of England was consecrated and anointed in those days by the Arch-bishop of Canterbury so did he swear and give up his Oath also in writing and for more solemnity and obligation laid it down or rather offered it up with his own hands upon the Altar so much as was required of him by the said Arch-bishop and Clergy for the special safety of Religion and these Ecclesiastical Liberties which is the self same point that we have seen before as well in the Oath of the Kings of France as also of Polonia and Spain and of the Emperours both Grecian and Gerusan The very like admonition in effect I find made by another Thomas Arch-bishop of Canterbury to another King Henry to wit by Thomas Arundel to King Henry the Fourth when in a Parliament holden at Coventry in the year 1404 the King was tempted by certain temporal men to take away the Temporalities from the Clergy whereunto when the said Arch-bishop Thomas had answered by divers reasons at last turning to the King he besought him saith Stow to remember the Oath which he voluntarily made that he would honour and defend the Church and Ministers thereof Wherefore he desired him to permit and suffer the Church to enjoy the Priviledges and Liberties which in time of his Predecessors it did enjoy and to fear that King which reigneth in Heaven and by whom all other Kings do reign Moreover he desired him to consider his promise also to all the Realm which was that he would preserve unto every man their Right and Title so far as in him lay By which speech of the Arch-bishop the King was so far moved as he would hear no more of that Bill of Laity but said that he would leave the Church in as good estate or better than he found it and so he did but yet hereby we come to learn what Oath the Kings of England do make at their Coronations touching the Church and Clergy The other conditions also of good Government are partly touched in the speech of the Arch-bishop and much more expressly set down in the King of Englands Oath recorded by ancient Writers for for that he sweareth as both Holinshead and others do testify in their English Histories in these very words to wit That he will during his Life bear reverence and honour unto Almighty God and to his Catholick Church and unto his Ministers and that he will administer Law and Justice equally to all and take away all unjust Laws Which after he had sworn laying his hands upon the Gospels then doth the Arch-bishop turning about to the people declare what the King hath promised and sworn and by the mouth of an Herauld at Arms asketh their Consents whether they be content to submit themselves unto this man as unto their King or no under the conditions proposed whereunto when they have yielded themselves then beginneth the Arch-bishop to put-upon him the Regal Ornaments
as the Sword the Ring the Scepter and Crown as before in the French Coronation you have heard and namely he giveth him the Scepter of S. Edward the Confessor and then he addeth also the same words of Commission and Exhortation as the other doth to wit Stand and hold thy Place and keep thy Oath and thereunto adjoineth a great commination or threat if he should take upon him that Dignity without firm purpose to observe the things which this day he hath sworn and that is the summe of the English Coronation which you may read also by piece-meal in John Stow according as other things in that his brief Collection are set down but especially you shall see it in the admissions as well of the said King Henry the fourth now last mentioned as also of King Edward the fourth at their first entrances to the Crown for in the admission of King 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 Canterbury who was the same Thomas Arundel of whom we spake 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 mutual Obligation on both sides in every Marriage and the Earl of Northumberland and high Constable of England for that day was willed to shew the said Ring to the People that they might thereby see the band whereby the King was bound unto them And then it was put upon his finger and the King kissed the Constable in sign of acceptance fell on his knees also to prayer that he might observe his Promise and other like ceremonies saith Stow were used and this was done the 13. of October 1359. and therefore upon good reason might this same Arch-bishoop put him afterward in mind of this his Oath as before I have shewed that he did At the admission also of King Edward the fourth Stow sheweth in his Chronicle that first the peoples consent was demanded very solemnly in S. John's Field by London the 29. of February in the year 1460. notwithstanding that King Edward had proved his Title by Succession before in the Parliament holden at Westminster and now this consent of the People being had or he being thus elected as Stowes words are he went the next day in Procession at Pauls and offered there and after Te Deum being sung he was with great Royalty conveyed to Westminster and there in the Hall set in the King's Seat with S. Edward's Scepter in his hand and then the People were asked again if they would have him King and they cried Yea Yea thus far John Stow. And if any would take exception against these of King Henry and King Edward the fourth because they entred and began their Reigns upon the deprivation of other Kings then living There are yet many living in England that have seen the several Coronations of King Edward VI. Queen Mary and Queen Elizabeth that now reigneth and can witness that at all and every of their Coronations the consent of the People and their acceptation of those Princes is not only demanded by the publick cry of a Herald at Arms which standeth on both the sides of the high Scaffold or Stage whereon the Prince is crowned and the Peoples answer expected till they cry Yea Yea But also that the said Princes gave there their corporal Oath upon the Evangelists unto the Bishop that crowned them to uphold and maintain the Faith afore-named with the Liberties and Priviledges of the Church as also to govern by Justice and Law as hath been said which Oaths no doubt have been sworn and taken most solemnly by all the Kings and Queens of England from the days of King Edward the Confessor at the least and he that will see more points of these Oaths set down in particular let him read Magna charta and he will be satisfied By all which and by infinite more that might be said and alledged in this matter and to this purpose it is most evident said the Civilian Lawyer that this agreement bargain and contract between the King and his Commonwealth at his first admssiion is as certain and firm notwithstanding any Pretence or Interest he hath or may have by Succession as any contract or Marriage in the World can be when it is solemnized by words de praesenti as our Law speaketh between parties espoused before by words de future which is an act that expresseth this other most lively as afterwards more at large I shall shew unto you and consequently I must needs affirm to be most absurd base and impious that flattery before-mentioned of Belloy and his companions in their Books before cited where he holdeth that only Succession of Bloud is the thing without further approbation which maketh a King and that the Peoples consent to him that is next by Birth is nothing at all needful be he what he will and that his admission Inunction or Coronation is only a matter of external ceremony without any effect at all for increase or confirmation of his right These I say are unlearned fond and wicked assertions in flattery of Princes to the manifest ruine of Common-wealths and perverting of all Law Order and Reason which assertions albeit they have been sufficiently as I suppose refuted before yet mean I to stand a little more upon them in this place for more evident demonstration of so important a a Truth as also to see and examine what may duely be attributed to bare Succession alone to the end that no man may think we mean to improve or imbase that which we esteem in so high degree and think that the best and surest way of maintaining Kingly Government in the World is to have it go by Succession as it doth at this day in England and in most other States of Europe besides though yet with the limitations and conditions due thereunto whereof I shall now begin to treat more in particular but after some little pause if you please for that this other Narration hath well wearied me CHAP. VI. What is due to only Succession by Birth and what Interest or Right an Heir apparent hath to the Crown before he be Crowned or Admitted by the Commonwealth and how justly he may be put back if he have not the other parts requisite also VEry reasonable it seemed to all the whole Assembly that some intermission or pause should be admitted as the Civilian had required and this as well for the commodity of the hearers who desired to confer together more in particular of the points already discussed as also of the Speaker who with reason affirmed that he was somewhat weary seeing he had continued his speech so long together And so with one consent they rose all and went into an Orchard adjoining to the house and
voce loquerentur Laws were invented to the end they should speak in one and the self-same sense to all men For which very reason in like manner these Laws have been called by Phylosophers a Rule or Square inflexible and by Aristotle in particular a mind without passion as hath been said but the Prophet David who was also a Prince and a King seemeth to call it by the name of Discipline for that as Discipline doth keep all the parts of a Man or of a particular House in order so Law well ministred keepeth all the parts of a Commonwealth in good order and to shew how severely God exacteth this at all Princes hands he saith these words And now learn ye Kings and be instructed you that judge the World Serve God in fear and rejoyce in him with trembling embrace ye Discipline lest he enter into wrath and so ye perish from the way of Righteousness Which words being uttered by a Prophet and a King do contain divers points of much consideration for this purpose As first that Kings and Princes are bound to learn Law and Discipline and secondly to observe the same with great humility and fear of God's wrath and thirdly that if they do not they shall perish from the way of Righteousness as though the greatest plague of all to a Prince were to lose the way of Righteousness Law and Reason in his Government and to give himself over to passion and his own will whereby they are sure to come to Shipwrack And thus much for the first help The second help that Commonwealths have given to their Kings and Princes especially in latter Ages hath been certain Counsels and Counsellors with whom to consult in matters of importance as we see the Parliaments of England and France the Courts in Spain and Dyets in Germany without which no matters of moment can be concluded And besides this commonly every King hath his Privy-Councel whom he is bound to hear and this was done to temper somewhat the absolute form of a Monarchy whose danger is by reason of his sole Authority to fall into Tyranny as Aristotle wisely noteth in his fourth Book of Politicks shewing the inconvenience or dangers of Government which is the cause that we have few or no simple Monarchies now in the world especially among Christians but all are mixt lightly with divers points of the other two forms of Government also and namely in England all three do enter more or less for in that there is one King or Queen it is a Monarchy in that it hath certain Counsels that must be heard it participateth of Aristocratia and in that the Commonalty have their Voices and Burgesses in Parliament it taketh part also of Democratia or popular Government All which limitations of the Princes absolute Authority as you see do come from the Common-wealth as having Authority above their Princes for their restraint to the good of the Realm as more at large shall be proved hereafter From like Authority and for like Considerations have come the limitations of other Kings and Kingly power in all times and Countries from the beginning both touching themselves and their Posterity and Successors as briefly in this place I shall declare And first of all if we will consider the two most renowned and allowed States of all the World I mean that of the Romans and Grecians we shall find that both of them began with Kings but yet with far different Laws and Restraints about their Authorities For in Rome the Kings that succeeded Romulus their first Founder had as great and absolute Authority as ours have now adays but yet their Children or next in Bloud succeeded them not of necessity but new Kings were chosen partly by the Senate and partly by the People as Titus Livius testifieth so as of three most excellent Kings that ensued immediately after Romulus viz. Numa Pompilius Tullius Hostilius and Tarquinus Priscus none of them were of the Bloud-Royal nor of Kin the one to the other no nor yet Romans born but chosen rather from among strangers for their Vertue and Valour and that by election of the Senate and consent of the People In Greece and namely among the Lacedemonians which was the most eminent Kingdom among others at that time the succession of Children after their Fathers was more certain but yet as Aristotle noteth their Authority and Power was so restrained by certain Officers of the people named Ephori which commonly were five in number as they were not only checked and chastned by them if occasion served but also deprived and sometimes put to death For which cause the said Phylosopher did justly mislike this eminent Jurisdiction of the Ephori over their Kings But yet we see hereby what Authority the Commonwealth had in this case and what their meaning was in making Laws and restraining their Kings Power to wit thereby the more to bind them to do Justice which Cicero in his Offices uttereth in these words Justitiae fruendae causa apud majores nostros in Asia in Europa bene moraâ—i reges olim sunt constituti c. at cum jus aequabile ab uno viro homines non consequerentur inventae sunt leges Good Kings were appointed in old time among our ancestors in Asia and Europe to the end thereby to obtain Justice but when men could not obtain equal Justice at one mans hands they invented Laws The same reason yieldeth the same Phylosopher in another place not only of the first Institution of Kingdoms but also of the change thereof again into other Governments when these were abused Omnes antiquae gentes regibus quondam paruerunt c. That is All old Nations did live under Kingdoms at the beginning which kind of Government first they gave unto the most just and wisest men which they could find and also after for love of them they gave the same to their Postesity or next in Kin as now also it remaineth where Kingly Government is in use But other Countries which liked not that form of Government and have shaken it off have done it not that they will not be under any but for that they will not be ever under one only Thus far Cicero and he speaketh this principally in defence of his own Commonwealth I mean the Roman which had cast off that kind of Government as before hath been said for the Offence they had taken against certain Kings of theirs and first of all against Romulus himself their first Founder for reigning at his pleasure without Law as Titus Livius testifieth for which cause the Senators at length slew him and cut him in small pieces And afterwards they were greatly grieved at the entring of Servius Tullius their sixth King for that he got the Crown by fraud and not by election of the Senate and special approbation of the People as he should have done But most of all they
deduceth them from the very ground of nature and reason it self and sayeth That it were contrary to the Duty of a Good or Honest Man in such cases to perform his promise Our Divines also do alledge the example of Herod that had Sworn to the Daughter of Herodias to give her what she demanded who demanding the Head of St. John Baptist though Herod were sorry for the same yet saith the Text That for his Oaths sake he commanded it to be performed which yet no Man will deny but that it had been far better left unperformed and the Oath better broaken then fulfilled according to another rule of the Law which sayeth In malis promissis fidem non expedit observari it is not expedient to keep our promise in things evil promised And finally to this purpose to wit to determine how many ways an Oath may be lawfuly broken or not kept there is a whole title in the Canon-Law containing 36. Chapters wherein are set down many and divers most excellent and evident cases about the same determined by Gregory the first and other ancient Popes and Doctors and in the second part of the Decretal there is alledged this sentence out of Isidorus and Established for Law In malis promissis rescinde fidem in turpi voto muta decretum impia enim promissio qua scelere impletur that is In evil promises perform not your word in an unlawful Vow or Oath change your determination for it is an impious promise which cannot be fulfilled but with wickedness and the very same matter is handled in the Question following which is the fifth throughout 23 whole Chapters together So as nothing is more largely handled in our Law both Civil and Canon then this matter of promises and others how and when and why and in what case they hold or bind and when not 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 and Oath made to the Commonwealth at his admission or Coronation and the other when it should turn to the notable damage of the weal-publick for whose only good the Princes Office was ordained as often before hath been said and proved if the Subject should keep and perform his Oath and promise made unto his Prince And both these cases are touched in the deprivation of Childerike the last King of France of the first Line of Pharamond which was recounted in the former Chapter for that as Paulus Aemilius Balforest Girard and other French stories do testify the Bishop of Wirtsburg that in the name of all the Nobility and Commonwealth of France made his Speech to Zacharie the Pope for his Deposition and for the Election of Pepin in his place alledged these two Reasons saying Truth it is that the French have Sworn fidelity unto Childerick as to their true and natural King but yet with condition that he on his part should also perform the points that are incident to his Office which are to defend the Commonwealth protect the Church of Christ resist the Wicked advance the Good and the like and if he do this then the French are ready to continue their Obedience and Allegiance unto him But if he be apt for none of these things neither fit either for a Captain in War or for a Head in Peace and if nothing else may be expected whilst he is King but detriment to the State Ignominy to the Nation danger to Christian Religion and Destruction to the weal-publick Then it is lawful for you no doubt most Holy Father to deliver the French from this band of their Oath and to testifie that no promise can bind this Nation in particular to that which may be hurtful to all Christendom in general Thus far that Bishop and his Speech was allowed and Childerick Deposed and Pepin made King in his place as the World knoweth By this then you see said the Civilian Lawyer the ground whereon dependeth the righteous and lawful Deposition and Chastisement of Wicked Princes to wit their failing in their Oaths and Promises which they made at their first entrance that they would Rule and Govern justly according to Law Conscience Equity and Religion wherein when they fail or wilfully decline casting behind them all respect of obligation and duty to the end for which they were made Princes and advanced in dignity above the rest then is the Commonwealth not only free from all Oaths made by her of Obedience or Allegiance to such unworthy Princes but is bound moreover for saving the whole Body to Resist Chasten and Remove such evil Heads if she be able for that otherwise all would come to Destruction Ruine and publick Desolation And here now come in all those considerations which old Philosophers Law-makers and such others as have treated of Commonwealths are went to lay down of the difference and contrariety between a King and a Tyrant for that a King as both Plato and Aristotle do declare when once he declineth from his duty becometh a Tyrant that is to say Of the best and most Soveraign thing upon Earth the worst and most hurtful Creature under Heaven for that as the end and Office of a King is to make happy his Commonwealth so the end 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 and Law prescribed unto him And the other is Enemy to all these conditions whereof if you will read many more particulars and signs to know a Tyrant by I will remit you to a special Book set forth of this matter by one Bartolus Father as you know of our Civil Law where the matter is handled largely as also how lawful and commendable it is to resist any Tyrant And finally he concludeth with Cicero in his Books de legibus where he sayeth ut populo Magistratus itâ— Mâ—gistratui presunt leges A good Prince or Magistrate maketh his accompt that as he is over the People so Laws are over him and a Tyrant the Contrary And greatly is commended the saying of Theodosius and Valentinian two worthy Emperours recorded in our Civil Law who said Digna vox est Majestate regnantis legibus se alligatum fateri It is a Speech worthy of the Majesty of him that Reigneth to confess that he is bound unto the Laws and the contrary saying of the Tyrant Cajus Caligua is justly detested by all Writers who said unto one as Suetonius reporteth Memento mihi omnia in omnes licere remember that all things are lawful unto me and against all Men without exception
Nation that was lawfully and orderly preferred to the Imperial Seat after that it passed from the Children of Charles the Great and there be divers points worthy the noting in this example and among other that albeit he were lawful King and Emperor by Succession as also by appointment of his Father Yet was he chosen and admitted again by the Prince and People and that he Swore to fulfil all those points and conditions which the signification of the Emperial Ornament did bind him unto After this about sixteen years or more Pope Gregory the fifth in a Synod holden in Rome did by the consent of Otho the third Emperour and Nephew unto this other Otho of whom we have now treated appoint a certain Form of Election for the time to come of the German Emperour to wit that he should be chosen by six Princes of Germany three Ecclesiastical which are the Archbishops of Moguntia Colen and Trevires and three Temporal Lords to wit the Duke of Saxony the Count Palatine of Rhene and the Marquess of Brandeuburg and when these six voices should happen to be equally divided then that the Duke of Bohemia for then it was no Kingdom should have place also to determine the Election All which was determined in the year 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 this of his Coronation and his Oath to be taken for his well Government was and is most exactly set down and recorded by many Historiographers of that time and since But I shall aledge them out of John Sleydan as the most convenient Author for this our time and purpose First of all then he Writeth that after any Man is chosen Emperour he is to be called only Caesar and the King of the Romans and not Emperour until he be Crowned and the Conditions which he Sweareth unto presently after his Election Are to defend the Christian and Catholick Religion to defend the Pope and Church of Rome whose Advocate he is to Minister Justice equally to all to follow Peace to keep and observe all Laws Rights and Priviledges of the Empire not to alienate or engage the possessions of the Empire to condemn no Man without hearing his cause but to suffer the course of Law to have its place in all and whatsoever he shall do otherwise that it be void and of no Validity at all Unto all these Articles he Sweareth first by his Legates and then he giveth a Copy of his Oath in Writing to every one of the six Electors and after this he goeth to the City of Aquis-grun to be Crowned in that great Church where about the middle of the Mass the Archbishop of Colen goeth unto him in the presence of all the People and asketh whether he be ready to Swear and promise to observe the Catholick Religion defend the Church Minister Justice protect the Widdows and Fatherless and yield dutiful Honour and Obedience to the Pope of Rome Whereunto he answering That he is ready to do all this The Archbishop leadeth him to the high Altar where he Sweareth in express words all these Articles which being done the said Archbishop turning himself to the Princes of the Empire and People there present doth ask them Whether they be content to Swear Obedience and Fealty unto him Who answering Y a He is Annointed by the said Archbishop before the Altar and then do come the other two Archbishhps of Moguntia and Treviers and do lead him into the Vestery where certain Deacons are ready to Apparel him in his Robes and do set him in a Chair upon whom the Archbishop of Colen sayeth certain Prayers and then delivereth him a Sword drawn and putting a Ring upon his finger and giveth him a Scepter in his hand and then all the three Archbishops together do put on the Crown upon his head and leading him so Crowned and Apparreled unto the high Altar again He Sweareth the second time That he will do the part of a good Christian and Catholick Emperor Which being ended he is brought back and placed in the Emperial seat and Throne where all the Princes of the Empire do Swear obedience and faith unto him beginning with the three Archbishops and continuing on with the three other Electors and so all the rest in order which is a notable and magestical manner of admitting and authorising of a Prince as you see and it is to be marked among other things that the Emperour Sweareth three times once by his Deputies and twice by Himself before his Subjects Swear once unto him and yet will Belloy as you have heard needs have Subjects only bound to their Princes and the Prince nothing at all bound to them again In Polonia which being first a Dukedom was made a Kingdom about the same time that this form of electing of the German Emperour was prescribed the manner of Coronation of their King is in substance the very same that we have declared to be of the Emperour For first of all the Archbishop of Guesua Metropolitant of all Polonia cometh to the King standing before the high Altar and sayeth unto him these words Whereas you are right Noble Prince to receive at our hands at this day who are thought unworthily in place of Christ for execution of this Function the sacred Anointing and other Ceremonies Ensigns and Ornaments appertaining to the Kings of this Land it shall be well that we admonish you in a few words what the charge importeth which you are to take upon you c. Thus he beginneth and after this he declareth unto him for what end he is made King what the obligation of that place and dignity bindeth him unto and unto what points he must Swear what do signifie the Sword the Ring the Scepter and the Crown that he is to receive and at the delivery of each of these things he maketh both a short exhortation unto him and prayer unto God for him And the Kings Oath is in these Words Promitto coram Deo Angelis ejus I do promise and Swear before God and his Angels that I will do Law and Justice to all and keep the Peace of Christ his Church and the union of his Catholick Faith and will do and cause to be done due and Canonical Honour unto the Bishops of this Land and to the rest of the Clergy and if which God forbid I should break my Oath I am content that the Inhabitants of this Kingdom owe no Duty or Obedience unto me as God shall help me and Gods holy Gospels After this Oath made by the King and received by the Subjects the Lord Martial General of the whole Kingdom doth ask with a loud voice of all the Councellors Nobility and People there present Whether they be content to submit
his Realm against so potent a Tyrant as King Richard was then accounted and yet was the concourse of all people so great and general unto him that within few days he atchieved the matter and that without any battel or bloud-shed at all and thus much for the justness of the cause But now if we will consider the manner and form of this act they of Lancaster do affirm also that it could not be executed in better nor more convenient order First for that it was done by the choice and invitation of all the Realm or greater and better part thereof as hath been said Secondly for that it was done without slaughter and thirdly for that the King was deposed by Act of Parliament and himself convinced of his unworthy Government and brought to confess that he was worthily deprived and that he willingly and freely resigned the same neither can there be any more circumstances required say these men for any lawful deposition of a Prince And if any man will yet object and say that notwithstanding all this there was violence for that Duke Henry was Armed and by force of Arms brought this to pass they of Lancaster do answer that this is true that he brought the matter to an end by Forces for that an evil King cannot be removed but by force of Arms if we expect the ordinary way of remedy left by God unto the Commonwealth for seeing that a Tyrannical or obstinate evil Prince is an Armed enemy with his feet set on the Realms head certain it is that he cannot be driven nor plucked from thence nor brought in order but by force of Arms. And if you say that God may remedy the matter otherwise and take him away by sickness and other such means it is answered that God will not always bind himself to work Miracles or to use extraordinary means in bringing those things to pass which he hath left in the hands of men and of Commonwealths to effectuate by ordinary way of Wisdom and Justice As for example it were an easie thing say these men for God Almighty also when any wicked man breaketh his Law by theft murther or the like to punish him immediately by death or otherwise himself and yet he will not so do but will have the Realm to punish him and that by force of Arms also it otherwise it cannot be done and this as well for example and terror of 〈…〉 that God hath 〈…〉 in his name 〈…〉 〈…〉 particular president of punishing of evil 〈◊〉 in like manner by force and violence when other means will not serve these men say that besides all the great multitude of examples alledged before by the Lawyer in his fourth Chapter about evil Kings deposed there is great variety of several manners how the same hath been done by God's own Ordinance recounted in Holy Writ as first when the Scripture saith in the Books of Judges that Aod was stirred up by God to kill Eglon King of the Moabites that prosecuted the people of Israel and the manner was to feign a secret Embassage or message unto him and so to slay him in his Chamber as he did and God delivered his people by that means and chose this particular way whereas none will deny but that he might have done it by many other means less odious to the World then this was that seemed so cruel and full of Treason Again they shew that when God had rejected King Saul for his wickedness and determined to depose him he chose to do it by raising of David against him and by defending and assisting David both in Arms and otherwise divers years against Saul and in the end raised the Philistians also against him who after divers battels cut off his head and carried it up and down the Country upon a pole and presented it in all the Temples of their Idols and in the end left it pitched up in the Temple of Dagon all which God might have spared and have taken him away quietly without bloudshed if he would but he chose this second way In like manner when he would punish King Rehoboam for the sins of Solomon his Father and yet spare him also in part for the sake of his Grandfather David he caused a Rebellion to be raised against him by Jeroboam his Servant and more then three parts of four of his people to rebel against him and this by God's own instinct and motion and by his express allowance thereof after it was done as the Scripture avoucheth and if Rehoboam had fought against them for this fault as once he had thought to do and was prepared with a main Army no doubt but they might have lawfully slain him for that now these ten Tribes that forsook him had just authority to depose him for his evil Government and for not yielding to their just request made unto him for easing them of those grievous Tributes laid upon them as the Scripture reporteth For albeit God had a meaning to punish him for the sins of his Father Solomon yet suffered he that Rehoboam also should give just occasion himself for the people to leave him as appeareth by the story and this is God's high Wisdom Justice Providence and sweet disposition in humane affairs Another example of punishing and deposing evil Princes by force they do alledge out of the first Book of Kings where God appointed Elizeus the Prophet to send the Son of another Prophet to anoint Jehu Captain of Joram King of Israel which Joram was Son to the Queen Jezabel and to perswade Jehu to take Arms against his said King and against his mother the Queen and to deprive them both not only of their Kingdoms but also of their lives and so he did for the Scripture saith Conjuravit ergo Jehu contra Joram Jehu did conjure and conspire at the perswasion of this Prophet with the rest of his fellow Captains against his King Joram and Queen Jezabel the Kings Mother to put them down and to put them to death with all the ignominy he could devise and God allowed thereof and perswaded the same by so holy a Prophet as Elizeus was whereby we may assure our selves that the fact was not only lawful but also most Godly albeit in it self it might seem abominable And in the same book of Kings within two chapters after there is another example how God moved Jehoiadah High-priest of Jerusalem to perswade the Captains and Colonels of that City to conspire against Athalia the Queen that had Reigned 6. years and to Arm themselves with the Armor of the Temple for that purpose and to besiege the Palace where she lay and to kill all them that should offer or go about to defend her and so they did and having taken her alive she was put to death also by sentence of the said High-priest and the fact was allowed by God and highly commended in the Scripture and Joas