kingdome of Persia was setled in succession when Darius the King had foure sonnes Artaxerxes the eldest Cyrus the next and two other Parysatis his wife hauing a desire that Cyrus should succeede in the kingdome pressed in his behalfe the same reason wherewith Xerxes had preuailed before affirming that shee had brought forth Artaxerxes to Darius when hee was a priuate man but Cyrus when he was a king Yet Plutarch writeth that the reason which shee vsed was nothing probable and that the eldest was designed to be King Howsoeuer the right stoode betweene Robert Duke of Normandie and his younger brothers the facte did not stande eyther with the quiet or safetie of the Realme For during the raigne of VVilliam Rufus it was often infested vpon this quarell both with forren armes and ciuill seditions which possessed all places with disorder and many also with fire rapine and bloud the principall effects of a liâ—entious warre These mischiefes not onely continued but encreased in the raigne of King Henry vntill Robert the eldest brother was taken prisoner in the fielde which put a period to all his attempts So dangerous it is vpon any pretence to put bye the next in succession to the crowne This Henry the first left but one daughter and by her a young sonne named Henry to whom hee appoynted the succession of the Realme and tooke an oath of all the Bishops and likewise of the Nobilitie to remaine faithfull vnto them after his decease Yet you write that because Stephen sonne of Adela sister to King Henry was thought by the states more fit to gouerne he was by them admitted to the Crowne In which assertion you cannot be deceiued you do not erre but your passion doth pull you from your owne knowledge and iudgement Polydore writeth that hee possessed the kingdome contrary to his oath for which cause the mindes of all men were exceedingly mooued some did abhorre and detest the impietie others and those very fewe vnmindefull of periurie did more boldely then honestly allowe it and followed his part Further he saith that he was crowned at Westminster in an assembly of those noble men who were his friendes Nubrigensis affirmeth that violating his oath hee inuaded the kingdome William Malmesburie who liued in King Stephens time saith that he was the first of all lay men next the King of Scots who had made oath to the Empresse Mawde and that he was crowned three Bishops being present of whom one was his brother no Abbot and a very fewe of the Nobilitie Henry Huntington who liued also in the same time saith that by force and impudencie tempting God he inuaded the Crowne Afterward he reporteth that being desirous to haue his sonne Eustace crowned king with him the Bishops withstood it vpon commaundement from the Pope because hee tooke vpoÌ„ him the kingdom against his oath Roger Houeden writeth that he inuaded the Crowne in manner of a tempest This is the report of those writers who came nearest both to the time and truth of this action whom other Authors do likewise follow Polydore and after him Hollingshead do write that he tooke vpon him the Crowne partly vpon confidence in the power of Theobald his brother Earle of Blois and partly by the aid of Hen. his other brother Bishop of Winchester Walsinghame addeth that Hugh Bigot who had bene King Henries Steward tooke an oath before the Archbishoppe of Canterburie that King Henry at his death appointed Stephen to be his successour Wherevpon the Archbishop and a fewe others were ouer-lightly ledde like men blinded with securitie and of little foresight neuer considering of daungers vntill the meanes of remedie were past You write that they thought they might haue dâ—ne this with a good conscience for the good of the Realme But what good conscience could they haue in defiling their faith such consciences you endeuour to frame in all men to breake an oathe with as great facilitie as a Squirrell can cracke a Nut. What good also did ensue vnto the Realme The Nobilitie were set into factions the common people into diuision and disorder and as in warres where discipline is at large there insolencies are infinite so in this confusion of the state there was no action which tended not to the ruine thereof the liues and goods of men remaining in continuall pillage Polydore saith Matrons were violated virgins rauished Churches spoiled Townes and Villages rased much cattle destroied innumerable men slaine Into this miserable face of extremities the Realme did fall into the same againe you striue to reduce it But you say that for the ending of these mischiefes the States in a Parliament at Wallingford made an agreement that Stephen should be King during his life and that Henry and his offspring should succeede after his death A man would thinke you had a mint of fables there is no historie which you handle but you defile it with apish vntruthes All our histories agree that king Stephen vnable to range things into better forme did adopt Henry to be his successor The second Huntington faith that this agreement was mediated by the Archb. of Cant. and the Bishop of Winchester who repented him of the furtherance he gaue to the aduancement of king Stephen when he sawe what miseries did therevpon ensue The like doth Houeden report and Holingshead setteth downe the forme of the charter oâ— agreement betweene them whereby it is euident that it was a transaction betweene them two and no compulsorie act or authoritie of the State I denie not but some Authors affirme that the King assembled the Nobilitie but neyther were they the States of the Realme neither were they assembled to any other ende but to sweare fealtie vnto Henry sauing the kings honour so long as hee should liue After the death of King Richard the first you affirme that the succession was againe broken for that Iohn brother to King Richard was admitted by the States and Arthur Duke of Britaine sonne to Geoffrye elder brother vnto Iohn was against the ordinarie course of succession excluded Well sir I arrest your worde remember this I pray you for I will put you in minde thereof in an other place That which here you affirme to be against the ordinarie course of succession you bring in an other place for proofe that the Vncle hath right before the Nephewe You do wildely wauer in varietie of opinion speaking flatte contraries according as the ague of your passion is eyther in fitte or intermission The Historie of King Iohn standeth thus King Richard the first dying without issue left behinde him a brother named Iohn and a Nephewe called Arthur sonne of Geoffrye who was elder brother vnto Iohn This Arthur was appointed by King Richard to succeede in his estate as Polydore writeth Nubrigensis saith that he should haue bene established by consent of the Nobilitie if the Britaine 's had
write that certaine people were gouerned onlie by Princes of that sex But because this is a matter both of long discourse and not proper to our purpose I wil conteine my selfe within this obseruation That the exclusion of King Edward the third from the crowne of Fraunce vppon this pretence was the cause of the effusion of their brauest bloud and of the spoile wast and conquest of all that Realme I acknowedge that the English haue lost the possession of that conquest and that was by meanes of domestical warres for excluding the neerest in bloud from the crowne into which vnquiet quarrell you doe now endeuour againe to imbarke vs. Yet no man can assure that the miseries of Fraunce for this cause are at an end Rammes recoile to strike harder we are gone rather backe then away I will not presage but anie man may coniecture that our minds and our meanes will not alwaies want the fauour of time After all this you proceede a degree further that it is lawfull vpon iust considerations not only to put backe the next inheritour of the crowne but also to remoue him who is in full possession thereof And y◠is plaine you say not onely by the grounds before by you alleaged but also by example of the Romans Graecians because God hath commonlie concurred in such iudiciall actions of the state not onely in prospering them but in giuing them also some notable successour And yet you protest you are far from their opinion who vpon euerie mislike are readie to band against their Prince and that you esteem the tenure of a crown if once it be setled the most irregular whereto euery man is bound to settle his conscience without examination of title or interest but onely by the supreme law of Gods disposition who can dispence in what he listeth and that notwithstanding you are as farre from the abiect flatterie of Billaie and others who affirme that Princes are subiect to no law or limitation at al and that they succeed by nature and birth onely and not by admission of the people and that there is no authoritie vnder God to chasten them These you call absurd paradoxes and herewith you settle your self to shewe in the next Chapter what good successe hath insued the deposition of Princes Concerning your protestation wee may say vnto you as Isaac said to his sonne Iacob The voice is Iacobs voice but the hands are the hands of Esau You speake faire and therewith also well but the maine drift of your discourse is nothing else but a tempestuous doctrine of rebellion and disorder you being therein like the boatman who looketh one waie and pulleth another or rather like the image of Ianus which looked two contrarie waies at once It is a rule in lawe That a protestation contrarie to a mans act will not serue to relieue him onlie this shal serue to conuince you either of false or of forgetful dealing when we come to that place where in flat words you maintaine the contrarie Concerning the querele which you lay against Billaie as I haue not seene what he hath written so wil I not interpose betweene him and you I neuer heard of christian prince who challenged infinite authoritie without limitation of any law either natural or diuine But where you terme it an absurd paradoxe that the people should not haue power to chasten their Prince and vpon iust considerations to remoue him I am content to ioine with you vppon the issue And first I note the maner of your dealing in that you haue omitted to expresse what these iust considerations may be For seeing there hath bin no king who is not noted of some defects and againe no Tyrant who hath not manie commendable partes as Plutarch writeth that Dionysius excelled most princes in diuers pointes of iustice and vertue it is a matter of dangerous consequence to leaue these considerations vndetermined and at large But who seeth not that you do it out of pollicie that you may vpon euerie particular occasion declare such causes to be sufficient as you please How then doe you proue that vpon anie cause the people haue power to dispossesse their prince This is plaine you say not onlie by the groundes before by you alleaged but also by example of y◠Romans Graecians The grounds by you alleaged are two One in your first Chapter that because no one forme of gouernment is natural the people haue power both to choose and to change and to limit it as they please The other ground is in this Chapter that because there are diuers lawes and customes in matters of principalitie it sufficeth not to alleage bare propinquitie of bloud Why but had you no text of scripture no Father of the Church to alleage No lawe No reason No better example No surer grounde It is more then this which you bring against your selfe in citing out of Saint Peter The Lord knoweth to reserue the vniust vnto the daie of iudgement and especiallie them that despise gouernment and speake euill of those that are in dignitie And out of Saint Iude Likewise these dreamers despise gouernment and speake euill of them that are in authoritie Besides also you haue alleaged out of Saint Paule Let euerie soule be subiect vnto the higher power for there is no power but of God Whosoeuer therefore resisteth the power resisteth the ordinance of God and they that resist shall receiue to themselues iudgment And likewise out of S. Peter Submit your selues to euerie humane creature whether it be to the king or vnto gouernors for so is the will of God To which places we maie likewise ad that which S. Paule did write vnto Titus Put them in remembrance that they be obedient to the principalities powers And writing to Timothy he exhorteth vs also to praie for them that we may leade vnder them a peaceable life But perhaps you wil say that the Apostles did not meane this of wicked princes Trifler the Apostles spake generallie of al Saint Peter maketh expresse mention of euil Lords And what princes haue euer bin more either irreligious or tyrannical then Caligula Tiberius Nero the infamie of their ages vnder whose empire the Apostles did both liue and write Bellarmine the great master of controuersies perceiuing this to be vnanswerablie true did in another sort rather cut then vntie the knot affirming that at that time it was necessarie to admonish the Christians to performe obedience to their kings least the preaching of the Gospel might otherwise be hindred which is as if in direct tearmes he should haue saide Sir Kings whilest our heads were vnder your girdle we were content to curry fauour by preaching obediēce vnto the people but now we haue got the wind of you we must plainlie tel you that you hold your crownes at their curtesie and fauour and haue no power in effect but as lieutenants general I know you wil
true heire to the crowne Between these two as in all vsurpations it is vsuall vvar vvas raised but by the vnsearchable iudgement of God the duke of Lorraine vvas cast to the ground And there is little doubt but if he had preuailed Lorraine had bene at this day a member of the crowne of France The like answer may be giuen to your example of Suintilla this beside that the kingdom of the Gothes in Spaine vvas not then setled in succession chiefly during the reigne of Victeric Gundemir Sisebuth Suintilla Sicenand Cinthilla and Tulca The historie of Alphonso another of your examples standeth thus Alphonso had a sonne called Ferdinand who died during the life of his father left two yong sons behinde him After the death of Ferdinand his yonger brother Sancho practised with D. Lope Diaz de Haro Lord of Biscay to procure him to be aduanced to the successioÌ„ of the kingdom before his nephewes D. Lope vndertoke the deuise drawing some other of the nobilitie to the partie they so wrought with the king that in an assembly of the states at Segouia Sancho was declared successor the childreÌ„ of Ferdinand appointed to be kept in prison But Sancho either impatieÌ„t to linger in expectatioÌ„ or suspicious that his father grew inclinable towards his nephewes made league with Mahomed Mir king of Granado a Moore by whose ayde by the nobilitie of his faction he caused him selfe to be declared king Heerevpon Alphonso was enforced to craue assistance of Iacob Aben Ioseph king of Maroco who before had bene an enemie to AlphoÌ„so but vpon detestatioÌ„ of this vnnatural rebellioÌ„ he sent forces to him protesting notwithstaÌ„ding that so soone as the war should be ended he wold become his enemie againe So Alphonso by help partly of the Marocco Moores partly of his subiects which remained loyall maintained against his sonne both his title state during his lyfe but not without extremitie of bloudshed opportunitie for the Moores being assistaÌ„t to both parties to make themselues more strong within the countries of Spaine For this cause Alphonso disinherited his sonne by his testament and cast a cruell cursse vpon him his posteritie afterward it vvas ordeined in an assembly of the states holden at Tero that the childreÌ„ of the elder brother deceased should be preferred before their vnckle How then will you verifie your two points by this historie First that Alphonso vvas depriued by a publick act of parlament secondly that it turned to the great coÌ„moditie of the state It is not a millioÌ„ of Masses that are sufficieÌ„t to satisfie for all your deceitful malicious vntruthes I meruaile how the rebellion of Absolon against king Dauid his father escaped you Oh it wanted successe you could not so easily disguise the report You write that the common wealth of Spaine resoluing to depose D. Pedro the cruell sent for his brother Henry out of france required him to bring a strength of frenchmen with him but hereby you make it plain that the common wealth was not fully agreed The truth is that this was a dangerous deuisioÌ„ of the state between two concurrents some holding for Henry some for Pedro. Henry obtained forren asistance by the french Pedro by the english In the meane time whilst Peter was throwen out of state by the forces of france after that Henry by the armes of england againe Peter deiected both from dignitie and life by his brother Henry the poore country became a spectacle for one of your enterludes Your example of Don Sancho Capello king of Portugal containeth many intollerable vntruthes For neither was he depriued of his dignitie neither did the Pope counsell of Lions giue either authoritie or consent that he should be depriued neither was he driuen out of his realme into Castilla neither died he in banishmeÌ„t neither was Alphonso his brother king during his life These fiue vntruths you huddle into one heape The counsaile of Lions wholy opposed against the deposing of Don Sancho notwithstanding many disabilities were obiected against him in regard wherof they gaue directioÌ„ that Alphonso his brother should be regent of the realme as in that case it is both vsuall fit But Sancho taking this to dislike did seeke aide of the king of Castile in that pursuite ended his life without issue wherby the right of succession deuolued to Alphonso To your examples of greeke Emperours I will answer by your words which are that for the most part they came not orderly to the crowne but many times the meanes thereof were tribulent and seditious The deposing of Henry king of Polonia I acknowledge to be both true iust I haue nothing to except against it When the crowne of France did discend vnto him he forsooke Polonia refused to return again to that swaggering gouernment wherevpon they did depose him Giue vs the like case you shal be allowed the like proceeding but you esteeme your examples by tale not by touch being not much vnlike a certaine mad fellow in Athens who imagined euery ship which was brought into the hauen to be his for vvhatsoeuer you finde of a king deposed you lay claime vnto it as both lawfully done and pertayning to your purpose whereas one of these doth alwaies faile Concerning your two examples one of Sueden and the other of Denmarke I shall haue occasion to speake hereafâ—er The nobility of those countries preteÌ„d that their kings are not soueraigne but that the power in highest matters of state pertaineth vnto them If it bee thus the examples are not appliable to the question if it be otherwise then the princes had wrong Wee are come now to our domesticall examples the first whereof is that of king Iohn who was deposed by the Pope you say at the suite of his owne people All this people was the Archbishop of Cant. the bish of London and the bish of Ely at whose coÌ„plaint the Pope did write to Phillip king of France that hee should expell king Iohn out of his realme If not conscience if not ordinarie honestie pure shame should haue drawen you to another forme of writing Hee was also depriued you say afterwards by his Barons Heauy beast call you this a depriuation The commons were neuer called to consent the Clergie were so opposite to those that stoode in armes against king Iohn that they procured excommunication against them first generally then by name lastly Lewes the French kings sonne was also included of the Nobilitie which is onely the third state of the realme I make no doubt but some reserued themselues to bee guided by successe others and namely the Earles of Warren Arundell Chester Penbrooke Ferrers Salisburie and diuers Barons did openly adhere vnto king Iohn you may as well call any other rebellion a depriuation as affirme that the rest either did or might depriue him And whereas you bring in king Henry the third as a
parlament vvas king Richard deposed vvher did the states assemble vvhen did they send for the earle of Richmond to put him down by what decree by vvhat messengers Ther is no answer to be made but one and that is to confesse ingenuously that you say vntrue that it is your vsuall manner of deceiuing to impute the act of a few vnto all to make euerie euent of armes to be a iudicial proceeding of the common wealth For it is manifest that the earle of Richmond had his first streÌ„gth from the king of France that after his discent into England more by halfe both of the nobilitie common people did stand for king Richard then stirre against him You adioyne for a speciall consideration that most excellent princes succeeded these vvhom you affirme to be deposed I vvill nor extenuate the excellencie of any Prince but I hould it more vvorthie to be considered that these disorders spent England a sea of bloud In the ende you conclude that all these depriuations of Princes vvere lawfull Nay by your fauour if you sweat out your braines you shall neuer euince that a fact is lawfull beecause it is done Yes you say for othervvise two great inconueniences vvould follow one that the actes of those that vvere put in their place should be voide and vniust the other that none vvho now pretend to these Crownes could haue any tytle â—or that they descend from them vvho succeeded those that were depriued You deserue now to be basted with words vvell stiped in vineger and salt but I will be more charitable vnto you and leaue bad speaches to black mouthes For the first the possession of the crowne purgeth all defects and maketh good the actes of him that is in authoritie although he vvanteth both capacitie and right And this doth Vlpian expressely determine vpon respect as he saith to the common good For the other point the successors of an vsurper by course and compasse of time may prescribe a right if they vvho haue receiued wrong discontinue both pursuit and claime Pâ—normitane saith Successor in dignitate potest praescribere non abstante vitio sui praedecessor is A successor in dignitie may prescribe notwithstaÌ„ding the fault of his predecessor otherwise causes of vvar should be immortall and titles perpetually remaine vncertaine Now then for summarie collection of all that you haue saide your protestations are good your proofes light and loose your conclusions both dangerous false The first doth sauour of God the second of man the third of the diuell To the fourth Chapter which beareth tytle Wherein consisteth principally the lawfulnesse of proceeding against Princes which in the former Chapter is mencioned What interest Princes haue in their subiects goods or liues How oathes doe binde or may bee broken of subiects towards their Princes and finally the difference betweene a good king and a tyrant HEere you cloase with Billaye vpon two points first vvhether a king is subiect to any law Secondly whether all temporalities are in proprietie the Kings but because these questions doe little perteine to our principall controuersie I vvill not make any stay vpon them it suffiseth that vve may say vvith Seneca Omnia rex imperio possidet singuli domino The king hath empire euery man his particular proprietie in all things After this you proceede further to make good that the Princes before mencioned vvere lawfully deposed and that by all law both diuine and humane naturall nationall and positiue Your cause is so badd that you haue need to set a bould countenance vpon it But what deuine lawes doe you alleage You haue largely beefore declared you saye that GOD doth approoue the forme of gouernmeÌ„t vvhich euery common wealth doth choose as also the conditions and statutes which it doth appoint vnto her prince I must now take you for a naturall lyer when you wil not forbeare to bely your selfe you neuer proued any such matter the contrary is euident that sometimes entire gouernments often customes statutes of state very commonly accidentall actioÌ„s are so vnnaturall vniust that otherwise then for a punishment and curse wee cannot say that God doth approue theÌ„ We haue often heard that the Church cannot erre in matters of Faith but that in matter of gouerment a coÌ„mon wealth cannot erre it was neuer I assure my selfe published before But let vs suppose supposall is free that God alloweth that forme of gouernment which euery common wealth doth choose doth it therfore follow that by all deuine lawes princes may be deposed by their subiects these broken peeces will neuer bee squared to forme strong argument But wherefore doe not you produce the deuine canons of scripture surely they abhorre to speake one word in your behalfe yea they doe giue expresse sentence against you as I haue shewed before Well let this passe among your least escapes in making God either the author or aider of rebellioÌ„ you alledge no other humane law but that princes are subiect vnto law and order I vvill not denie but ther is a duty for princes to performe but how proue you that their subiects haue power to depose them if they faile In this manner As the common vvealth gaue them their authoritie for the common good so it may also take the same away if they abbuse it But I haue manifested before both that the people may so graunt away their authoritie that they cannot resumeâ—t also that few princes in yâ— world hold their state by graunt of the people I will neuer heereafter esteeme a mans valure by his voice Your braue boast of all lawes diuine humane naturall nationall and positiue is disolued into smoake you busie your selfe as the Poets wright of Morpheus in presenting shadowes to men a sleepe But the chiefest reason you say the very ground and foundation of all Soft what reason what ground if you haue alreadie made proofe by all lawes humane and deuine naturall nationall and positiue what better reason what surer ground will you bring Tush these interruptions The chiefest reason you say the very ground and foundation of all is that the common wealth is superiour to the prince and that the authoritie which the prince hath is not absolute but by the way of mandate and commission from the common wealth This is that which I expected all this time you haue hetherto approached by stealing steps you are now come cloase to the wall do but mount into credit and the fort is your owne You affirmed at the first that princes might be deposed for disabilitie then for misgouernmenâ— now vpon pleasure and at will For they who haue giuen authoritie by coÌ„mission doe alwaies retaine more then they graunt are not excluded either froÌ„ commanding or iudging by way of preuention concurrence or evocation euen in those cases which they haue giuen in charge The reason is declared by Vlpian because hee to whom iurisdiction is committed
annointing from France Well let the ceremonie be taken from whence you please if the oath be no other then you do specifie To obserue peace honour and reuerence vnto Almighty God to his Church and to the Ministers of the same to administer Law and Iustice equally to all to abrogate euill lawes and customes and maintaine good which was the oath of king Richard the first the like whereto was that of king Iohn altered only in the first branch To loue and defend the Catholicke Church If the oath be no other I say I do not see what other answer you need to expect but that it is onely a free royall promise to discharge that duty which God doth impose And this is plainely declared by the speech which you alleage of Thomas Arundell Archbishop of Canterbury to king Henry the fourth Remember saith he the oath which voluntarily you made voluntarily he sayd and not necessarily it was voluntary in oath but necessary in duty That which you report also that Thomas Becket did write vnto king Henry the second importeth nothing else but an acknowledgement of duty Remember said he the confession which you made I cannot omit your description of the manner of the Coronation in England First you say the king i◠sworne then the Archbishop declareth to the people what he hath sworne and demaundeth if they be content to submit themselues vnto him vnder those conditions whereunto they consenting he putteth on the royall ornaments and then addeth the words of commission Stand and hold thy place and keepe thy oath And thus you haue hammered out a formall election supposing that you draw together the peeces of falshood so close that no man can perceiue the seame The truth is that king Henry the fourth being not the nearest in bloud to the inheritance of the crowne did countenance his violence with the election of the people not at his Coronation but in a Parliament that was holden before And therefore you do impudently abuse vs First in ioyning them together as one act Secondly by falsifying diuerse points in both Lastly by insinuating that the same order was obserued by other kings The points which you falsifie are these The interrogation of the Archbishop to the people the absurd straining of these words Stand hold thy place to be a Commission the alleaging also out of Stow 1. That the Archbishop did reade vnto the people what the King was bound vnto by oath 2. That the Earle of Northumberland did shew a ring vnto the people that they might thereby see the band whereby the king was bound vnto them 3. That the king did pray that he might obserue his promise In which composition of conceits you shew how actiue you are in counterfaiting any thing that may make to your purpose perswading your selfe that it is no fraud vnto God to deceiue the world in a lye for aduantage King Edward the fourth also because his right was litigious another was in possession of the crowne strengthened or rather countenanced his title with the approbation of the people But where you write that at the Coronation of King Edward the sixth Queene Mary and Queene Elizabeth the consent and acceptation of the people was demanded First we haue no cause to credite any thing that you say then although it be true yet not being done in Parliament it addeth no right vnto the Prince but is only a formality a circumstance only of ceremony and order Hereupon you conclude that a king hath his authority by agreement and contract betweene him the people insinuating thereby that he looseth the same if he either violate or neglect his word The contrary opinion that only succession of bloud maketh a king that the cōsent of the people is nothing necessary you affirme to be absurd base and impious an vnlearned fond and wicked assertion in flattery of Princes to the manifest ruine of common-wealths and peruerting of all law order and reason I did alwayes foresee that your impostumed stomacke would belch forth some loathsome matter But whosoeuer shall compare this confident conclusion with the proofes that you haue made he will rather iudge you mad then vnwise This bold blast vpon grounds that are both foolish and false bewrayeth rather want then weaknesse of wits I am ashamed I should offer any further speech in so euident a truth but since I haue vndertaken to combate an herisie since the matter is of so great consequence import I purpose once againe to giue you a gorge Learne then heauy-headed Cloisterer vnable to mannage these mysteries of State Learne of me I say for I owe this duty to all Christians the Prophets the Apostles Christ himselfe hath taught vs to be obedient to Princes though both tyrants and infidels This ought to stand with vs for a thousand reasons to submit our selues to such kings as it pleaseth God to send vnto vs without either iudging or examining their qualities Their hearts are in Gods hand they do his seruice sometimes in preseruing sometimes in punishing vs they execute his iudgement both wayes in the same measure which he doth prescribe If they abuse any part of their power we do not excuse we do not extenuate it we do not exempt them from their punishment let them looke vnto it let them assuredly expect that God will dart his vengeance against thē with a most stiffe and dreadfull arme In the meane season we must not oppose our selues otherwise then by humble sutes and prayers acknowledging that those euils are alwayes iust for vs to suffer which are many times vniust for them to do If we do otherwise if we breake into tumult and disorder we resemble those Giants of whom the Poets write who making offer to scale the skies and to pul Iupiter out of his throne were ouerwhelmed in a moment with the mountaines which they had heaped together Beleeue it Cloisterer or aske any man who is both honest and wise and he will tell you It is a rule in reason a triall in experience an authority confirmed by the best that rebellion produceth more horrible effects then either the tyranny or insufficiency of any Prince To the sixth Chapter whereof the title is What is due to onely succession by birth and what interest or right an Heire apparant hath to the Crowne before he is crowned or admitted by the commonwealth and how iustly he may be put backe if he hath not the partes requisite YOV begin after your manner with a carreir against Billay but because both I haue not seene what he hath written and dare not credite what you report I will not set in foote betweene you In breaking from this you preferre succession of Princes before free election as well for other respects as for the preeminence of auncetrie in birth which is so much priuiledged in the Scripture and yet not made so inuiolable you say but vpon iust causes it might be inuerted as it appeareth by the examples of
sort to excuse them They are the best that your starued both cause and conceipt can possibly affoord and you haue also some fellowes in your folly Heliogabalus did solemnely ioyne the statues of the Sunne and of the Moone in mariage together Nero was maried to a man and tooke also a man to his wife The Venetians doe yearely vpon Ascention day by a ring and other ceremonies contract mariage with the sea But now in earnest men do dye whensoeuer it pleaseth God to call them but it is a Maxime in the common law of England Rex nunquam moritur The king is alwaies actually in life In Fraunce also the same custome hath bene obserued and for more assurance it was expresly enacted vnder Charles the fifth That after the death of any king his eldest sonne should incontinently succeede For which cause the ParliameÌ„t court of Paris doth accompanie the funeral obsequies of those that haue bene their kings not in mourning attire but in scarlet the true ensigne of the neuer-dying Maiestie of the Crowne In regard of this certaine and incontinent succession the Glossographer vpon the Decrees noteth That the sonne of a king may be called King during the life of his father as wanting nothing but administration wherein he is followed with great applause by Baldus Panormitane Iason Carol. Ruinus Andreas Iserna Martinus Card. Alexander Albericus Fed. Barbatius Philip Decius Ant. Corsetta Fra. Luca Matthe Afflict And the same also doth Sernius note out of Virgil where he saith of Ascanius Regemque requirunt his father Aeneas being yet aliue But so soone as the king departeth out of life the royaltie is presently transferred to the next successor according to the lawes and customes of our Realme All Writs go foorth in his name all course of iustice is exercised all Offices are held by his authoritie all states all persons are bound to beare to him alleageance not vnder supposall of approbation when hee shall be crowned according to your dull and drowsie coniecture but as being the true Soueraigne king of the Realme He that knoweth not this may in regard of the affaires of our state ioyne himself to S. Anthony in glorying in his ignorance professing that he knoweth nothing Queene Mary raigned three monâ—ths before she was crowned in which space the Duke of Northumberland and others were condemned and executed for treason for treason I say which they had committed before she was proclaimed Queene King Edward the first was in Palestina when his father dyed in which his absence the Nobilitie and Prelates of the Realme assembled at London and did acknowledge him for their king In his returne homeward he did homage to the French king for the lands which he held of him in France He also repressed certaine rebels of Gascoine amongst whom Gasco of Bierne appealed to the court of the king of Fraunce where king Edward had iudgement that Gasco had committed treason and therupon he was deliuered to the pleasure of king Edward And this hapned before his coronation which was a yeare and nine monâ—ths after he began to raigne King Henry the sixth was crowned in the eighth yeare of his raigne and in the meane space not onely his subiectes did both professe and beare alleageance but the King of Scottes also did sweare homage vnto him What neede I giue any more either instance or argument in that which is the cleare lawe the vncontroulled custome of the Realme Against which notwithstanding your weather-beateÌ„ forehead doth not blush to oppose a blind opinion that heires apparant are not true kings although their titles be iust and their predecessors dead This you labour to prooue by a few drye coniectures but especially and aboue all others you say because the Realme is asked three times at euery coronation whether they will haue such a man to be their king or no. First wee haue good reason to require better proofe of this question then your bare word secondly although we admit it to be true yet seeing the aunswer is not made by the estates of the Realme assembled in parliament but by a confused concurse necessarie Officers excepted of all sorts both of age and sexe it is for ceremonie only not of force either to giue or to increase any right Another of your arguments is for that the Prince doth first sweare to gouerne well and iustly before the subiects take their oath of alleageance which argueth that before they were not bound And further you affirme that it happened onely to king Henry the fifth among his predecessors to haue fealtie done vnto him before hee was crowned and had taken his oath I confesse indeed that Polydore and Stâ—w haue written so but you might easily haue found that they write not true the one of them being a meere straunger in our state the other a man more to be commended for indeuour then for art King Iohn being in Normandie when his brother dyed sent into England Hubert Archbishop of Canterburie VVilliam Marshall Earle of Strigvile and Geoffrie Fitzpeter Lord chiefe â—ustice who assembled the States of the Realme at Northhampton and tooke of them an oath of obedience to the new king Also king Henry the third caused the Citizens of London the Guardians of the Cinque-ports and diuers others to sweare fealtie to Prince Edward his sonne who being in Palestina when his father died the Nobilitie and Prelates of the Realme assembled in the new temple at London and did acknowledge him for their king And in like manner king Edward the third tooke an oath of all the Nobilitie of the Realme of faith after his death to Richard Prince of Wales and so did king Henry the first for his daughter Mawde and her yong sonne Henry After the death of king Henry the fifth that subiects did often sweare alleageance before the coronation and oath of the king you had neither countenance nor conscience to deny but it was neither of these two which did restraine you it proceeded onely from the force of truth which will manifest it selfe whatsoeuer art we vse to disguise it For otherwise what countenance what conscience had you to affirme that it is expresly noted by our English Historiographers That no alleageance is due vnto kings before they bee crowned Who are these Historiographers where doe they so write you that search euery dustie corner of your braines for a fewe ragged reasons to vphold your heresie should not either haue mentioned or omitted such pregnant proofes for in that you affirme and do not expresse them you condemne your selfe by your owne silence If you meane that which you alleadge out of Polydore and Stowe That an oath of fealtie was neuer made before coronation vntill the time of king Henry the fifth it is neither true nor to any such sence If you meane that of Polydore in tearming Henry the fift Prince and not King before he
chaunge which twice hath happened in the whole race of the kings of France I haue spoken before you seeme also either to threaten or presage the third chaunge from the king who now raigneth and other Princes of the house of Burbon It was your desire you applyed your endeuour with all the power and perswasions you could make You knit diuers of the Nobilitie in a trecherous league against him you incensed the people you drew in forren forces to theyr assistance by which meanes the Realme fell daily into chaunge of distresse the men of armes making all things lawfull to their lust The good did feare the euill expect no place was free eyther from the rage or suspition of tumult fewe to bee trusted none assured all things in commixtion the wisest too weake the strongest too simple to auoyde the storme which brake vpon them the people ioyning to their miserable condition many complaints that they had bene abused by you in whose directions they founde nothing but obstinacie and rashnesse two daungerous humours to leade a great enterprise At the last when lamentable experience had made that knowne vnto them which they had no capacitie by reason to foresee they expelled as well your company as counsell out of the Realme and so the firebrands which you had kindled were broken vpon your owne heads hauing opportunitie by your iust banishment to enter into conscience both of the weakenesse and wrong of your aduice The partition of the Realme of France between Charles the great and Carlomon his younger brother and also the vniting thereof againe in Charles after the death of Carloman depended vpon the disposition of Pepin their father and not vpon the election of the people Girard saith that Pepin hauing disposed all things in his new Realme which hee thought necessarie for the suretie thereof hee disposed his estate leauing the Realme of Noion to his sonne Charles and to Carloman his other sonne that of Soissons that by the death of Carloman both his place and his power did accrue vnto Charles In this manner the first of a family who hath attained a kingdome hath ordinarilye directed the succession thereof The contention betweene Lewis le debonaire and his sonnes according to your owne Author Girard proceeded and succeeded after this manner Certaine Lords of France taking discontentment at the immoderate fauours which the king shewed toward Berard his great Chamberlaine conspired against him and for their greater both countenance and strength drew his owne sonnes to bee of their faction But Lewis brake this broile more by foresight then by force and doing execution vpon the principall offenders pardoned his sonnes Yet they interpreting this lenitie to slacknes of courage rebelled againe gathered a greater strength drew Pope Gregorie the fourth to bee a complice of their vnnaturall impietie whereby it appeareth saith Girard that they are either foolish or mischieuous who wil affirm that euery thing is good which the Popes haue done Afterward they tooke their father vnder colour of good faith and sent him prisoner to Tortone then at Compeigne assembled a Parliament composed of their owne confederates wherin they made him a Monke brought his estate into diuision share It is easie to coniecture saith the same Girard what miserable conditions the Realme then endured all lawes were subuerted all things exposed to the rage of the sworde the whole realme in combustion and the people extreamely discontented at this barbarous impietie In the ende Lewes by the aide of his faithfull seruants was taken out of prison and restored to his kingdome and his sonnes acknowledging their faulte were receiued by him both to pardon and fauour His sonne Pepin being dead he diuided his Realme among his other three sonnes Charles Lewes and Lothaire but Lewes rebelled againe and was again receiued to mercie lastly hee stirred a great part of Germanie to reuolt with griefe whereof the good olde man his Father died After his death Lewes and Lothaire vpon disdaine at the great portion which their Father had assigned to their brother Charles raised warre against him The battaile was giuen wherein Charles remained victorious reducing them both vnder such conditions as hee thought conuenient to impose Loe heere one of your plaine and euident examples which is so free from all exception But mindes corruptly inclined holde nothing vnlawfull nothing vnreasonable which agreeth with their passion Loys le Begue succeded after Charles not as you affirme by authoritie of the states but as in France at that time it was not vnusuall by appointment of his father And wheras you write that Loys at his first entrance had like to haue bin depriued by the states but that calling a Parlament he made thē many faire promises to haue their good will it is a very idle vntruth as appeareth by the Author whō you auouch At his death he left his wife great with childe who afterward was called Charles the simple But before he had accomplished the age of 12. yeares there stept vp in his place first Loys and Carloman his bastard brothers then Charles surnamed le Gros and after him Odo Earle of Paris Then Charles the right heire attained the Crowne and then againe were raised against him first Robert Earle of Angiers and afterward Ralph king of Burgūdie But where you attribute these mutations to the authoritie of the states Girard saith that they were by faction vsurpation of such who frō the weaknes of their Prince did make aduantage to their owne ambition affirming plainly that betweene the death of Loys le Begue Charles the simple not one of them who held the crowne of the Realme was lawfull king noting further that the first two races of Kings were full of cruel parricides murthers that in those times the Realme was oftē trauelled with tempests of seditiō Of the vsurpation of Hugh Capet I haue spoken before Girard writeth that althogh he sought many shadowes of right yet his best title was by force which is the cōmō right of first vsurpers And wheras you write that Henry the first was preferred to the crowne of France before Robert his elder brother First it was not by appointment of the states but of their father Secondly Girard maketh the matter doubtfull affirming that some said he was the younger brother Lastly it set vp a dangerous and doubtfull warre betweene them Further where you write that William being a bastarde succeeded Robert his Father in the Duchie of Normandie notwithstanding the saide Robert left two brothers in life it was at that time a custome in France that bastards did succeed euen as lawfull children Thierry bastard of Clouis had for his partage the kingdome of Austrasie now called Lorraine Sigisbert bastard of king Dagobert the first parted with Clouis the twelfth his lawfull brother Loys and Carloman bastards of king Loys le Begue raigned after their Father But in the third race of the kings
delayed to come into England they all fell rather not to denie then to acknowledge Harold for their king Take now which of these reports you please for all do serue to your purpose alike Hardicanutus after the death of Harold came out of Denmarke into Englande and the people hauing their courages broken with bondage were easie to entertaine the strongest pretender But after his death diuers of the Nobilitie especially Godwine Earle of Kent rising into hope to shake off theyr shoulders the importable yoake of the Danes aduaunced Edwarde the sonne of Etheldred to the Crowne as being the next of the race of the Saxon Kings though not in blood yet at hand for Edward the outlawe his elder brother was then in Hungarie and feare being the only knot that had fastened the people to the Danish Kings that once vntied they all scattered from them like so many birdes whose cage had bene broken Edward being dead Harold the sonne of Godwine vsurped the kingdome for as Malmesburie saith By extorted faith frō the nobilitie he fastned vpon the Crowne a forceable gripe Henry Huntington also and out of him Polydore doe write that vpon confidence of his power he inuaded the Crowne which vsurpation gaue both encouragement and successe to the enterprise of the Normanes This short passage of Historie you doe defile with so many vntruthes that it seemeth you haue as naturall a gift to falsifie as to eate drinke or sleepe But where you write that William the Conqueror formed any title by cōsent of the realme you grow into the degree of ridiculous We finde that he pretended the institution of king Edward which had neither probabilitie norforce and that he was nearer to him in blood then Harold the vsurper but that hee euer pretended the election of the people it is your own clowted cōceit For whē he had rowted the English armie in the field when hee had sacked their Townes harried their Villages slain much people and bent his sworde against the brests of the rest what free election could they then make Your selfe acknowlede also in another place that hee came to the Crowne by dinte of sworde and at his death his owne conscience constrained him to confesse that hee tooke it without right And in that the Pope and the French King fauoured his enterprise it is not materiall this was not the first iniustice which they haue assisted Neither was it the Popes hallowed banner as you affirme but the bowe and the arrowe the only weapon of aduantage long time after to this Nation whereby hee did obtaine the victorie One helpe hee had also within the Realme for that King Edward had aduanced diuers Normans to high place both of dignitie and charge who gaue vnto him muche secret both incouragement and assistance in his attempt And thus in all these turbulent times you are so farre from finding fiue or sixe that you are short of any one who was made King by free authoritie of the people King William Rufus made no other title to the Crowne but the testament of his Father For often vse hath confirmed it for lawe that a Victor may freely dispose of the succession of that state which hee hath obtained by the purchase of his sword The conquerer disinherited his eldest son Robert for that knitting with Philip King of France he inuaded wasted and spoiled Normandie and ioyned in open battell against his father wherein the father was vnhorsed and wounded and brought to a desperate distresse of his life Herevpon he cast forth a cruel curse against his sonne which he could neuer be entreated to reuoke in so much as vpō his death-bed he said of him that it was a miserable countrey which should bee subiect to his dominion for that he was a proud and foolish knaue to be long scourged with cruell fortune And wheras you write that at the time of his fathers death he was absent in the warre of Hierusalem it is a very negligent vntruth But it is an idle vntruth that you write that Henry the first had no other title to the crowne but the election of the people He neuer was elected by the people he neuer pretended any such title Nubrigensis after him Polydore do report that he laid his title because he was borne after his father was king Malmesburie saith Henry the youngest sonne of William the great being an Infant according to the desires and wishes of all men was excellently brought vp because he alone of all the sonnes of William was princely borne and the kingdome seemed to appertaine vnto him He was borne in England in the third yeare after his father entred into it And this was the like controuersie to that which Herodotus reporteth to haue happened betweene the sonnes of Darius the sonne of Hystaspis king of Persia when hee prepared an expedition against the Grecians and Aegyptians because by the lawes of Persia the king might not enter into enterprise of armes before he had declared his successor Darius had three children before he was king by his first wife the daughter of Gobris and after he attained the kingdome he had other foure by Atossa the daughter of Cyrus Artabazanes was eldest of the first sort Xerxes of the second Artabazanes alledged that he was eldest of all the Kings children and that it was the custome amongst all men that the eldest should enioy the principalitie Xerxes alledged that he was begotten of Atossa the daughter of that king by whose puissance the Persians had gained not onely libertie but also power Before Darius had giuen sentence Demaratus the sonne of Aristo cast out of his kingdome of Sparta came vnto Xerxes and aduised him to alledge further that he was the eldest sonne of Darius after he was king and that it was the custome of Sparta that if any man had children in priuate estate and afterward an other sonne when he was king this last sonne should be his successor vpon which ground Darius pronounced in the behalfe of Xerxes The same historie is reported by Iustine and touched also by Plutarch although they differ both from Herodotus and one frō the other in some points of circumstance Hereto also agreeth that which Iosephus writeth in reprehending king Herod for excluding Alexander and Aristobulus his sonnes and appointing Antipater borne to him in priuate estate to succeed in his kingdome Many great Lawiers haue subscribed their opinions to this kinde of title and namely Pet. Cynus Baldus Albericus Raph. Fulgosius Rebuffus and Anto. Corsetta deliuereth it for a common opinion But with this exception if the kingdome be acquired by any other title then by succession according to proximitie in bloud for in this case because the dignitie is inherent in the stocke the eldest sonne shall succeede although he were borne before his father was King And therefore Plutarch writeth that after the
Emperour by which means they did afterward embrace the Christian faith The like doth Orosius report that Valentinian being discharged by Iulian from being Tribune because he was a Christian by consent of the Souldiers was created Augustus I rather take it to be a damnable sinne which Zonaras wrighteth of the Bulgarians in taking armes against their King because he was conuerted to Christian religion albeit they did according to their conscience It were a deflowring of time to diue into the depth of this question because it appeâ—teineth to electiue states and not vnto vs. But where you wright without eyther authoritie or proofe that to assist or not to resist the aduancement or gouernment of any king whom we iudge faultie in religion is a most damnable sinne of what side soeuer the truth be you breath out most filthy and vnsauorie smoake you lift vp your voice into high blasts of blasphemie against the most high God hath taught by the Apostle S. Paule that whosoeuer resist the higher powers which at that time were Infidels receiue vnto themselues damnation you teach that whosoeuer doth not in the like case resist doth damnably offend Were not the spirit of diuision otherwise called the deuill seated in your soule you would not thus openly oppose the setlings of your rotten braine against the expresse and direct sentence of God What is it a damnable sinne to doe euery man right is it damnable to giue Caesar that which is his due to giue tribute honor feare to whom they appertaine The Apostle saith that Christians by resisting the power of Infidell rulers do acquire vnto themselues damnation and shall wee yeelde credit vnto you that Turkes Moores Infidels should damnablye sinne eyther in admitting or enduring the authoritie of a Christian Prince How vilie doe you value the iudgements of men at how lowe rate doe you prize both your conscience and credit I could rise into riot of wordes vpon you were it not that I respect what is seemlye rather for mee to speake then for you to heare Certainely if we had receiued no such commaundement from God the regarde of the quiet of humane societies is sufficient to ouer-whelme your hereticall assertion for seeing there are many different professions of religion not onely in the world but almost in euery nation of the world seeing also as Philo saith euery man eyther by vse or instruction iudgeth his owne religion best what suretie could any Prince what safetie could any people enioy if your firie opinion should take place what assurance can there be of life or of state where the sworde beareth swaye vpon such occasions that guided by hands both tumultuous and fierce And seeing among many religions there can be but one truth if all men should be obstinatelie bent against the gouernment of any who in their iudgement is faultie in religion what likelyhood can we eyther conceiue or coniecture but that many errours would soone preuaile against the onely trueth And therefore it is farre more moderate and safe to vse the ordinarie meanes both of maintaining and propagating the trueth and to commit the successe thereof vnto God and as Iosephus aduiseth not to offer eyther contumelie or violence against any religion least we prouoake thereby the professors thereof to doe the like against our Your last reason is drawne from policie and consideration of state because a King will neyther trust nor fauour much lesse aduance him that is not of the same religion with himselfe but to the contrarie hee shall bee subiect to all molestations iniuries and other auersions which are incident to those who are not currant with the present course of affaires Oh sirre this is the Helene for which you contend you concurre in opinion with those Athenians of whome Alexander demanded deuine honours not so obstinately to defend heauen as to loose the benefit of the earth This is the marke whereat you aime this is the Compasse whereby you sayle as diuers flowers doe open and cloase according to the motion of the same so according to the variation hereof you extend or restraine your plyant conscience as you please But the Apostle teacheth vs to be obedient to higher powers for conscience sake and not for anye priuate respect Besides all Princes are not of that disposition whereof you speake Suida wrighteth of one who changing religion to please his King was therefore adiudged to loose his head one being appointed to crye at the time of his execution Hee that keepeth not faith with God what sound conscience can hee beare towards men The Protestants in France are not altogether cast eyther out of fauoure or out of charge and manie Romane Catholickes in England doe enioye their full part of all the plentie and pleasures that the realme can affoord Lastly what haue you to doe with reasons of state This is the Eagles feather which consumeth your deuotioÌ„ Your office is to meditate to pray to instruct meÌ„ in pure deuotion to settle their soules in piety in peace But do you containe yourselues within these limmits nothing lesse You take vpon you the pollicie of state yoù â—end deface the reputation of Kings you make your selues both iudges moderators of all their actions allowing them to flie no further then you giue them wings You dispose not onely their affaires but their crownes at your pleasure you hunt them not to couert but to death You contriue waâ—s to compasse your designes you traine vp your followers in the high mistery of treason you cast into euery realme the apple of striefe your doctrine is to no other vse but as drummes Fifes and trumpets to incense fury To these endes you wrest scriptures you corrupt histories you counterfeit reasoÌ„s you corrupt all truth pardon my plainenes I pray you I haue not atteined to your dexterity in disguising matters with smooth termes you are obstinate to hazard rather all dangers then to be cut of from one point of your purpose You acknowledge no religion but your will no law but your power all lies treacheries and fraudes do change their nature and become both lawfull and laudable actions when they beare for the aduantage of your affaires But this is directed to deuotion you will say and as you terme it ordine ad deum for a holy and religious end Away then with your deuotion and so we shall be rid of your dangerous deceit Away I say with your deuotion or else we will conclude of you as Liuie did of Anniball nihil veri nihil sancti nullus deûm metus nullum iusiuradum nulla religio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a In c. 1. tit de success feud b In quaestâ—an rex Franc ae râ—câ—gn sâ—at â—uperiorem c In â—â—emo D. dâ— lâ—g 1. d In â—â—uÌ„ praetor § non autem D. de Iudi. e A pud Aristor thetor 3. ca. 10. f Lib. 5. g In cerpsychore h In eius vita i Lib. 3. ca. 2. k