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A29487 [A Brief] vindication of the Parliamentary proceedings against the late King James II proving that the right of succession to government (by nearness of blood) is not by the law of God or nature, but by politick institution : with several instances of deposing evil princes, shewing, that no prince hath any title originally but by the consent of the people. 1689 (1689) Wing B4656; ESTC R17719 41,711 76

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chosen Souldiers to reduce the Rebels as he called them to their Obedience God appeared to one Semia an holy Man and commanded him to go to the Camp of Rehoboam and tell them that they should not fight against their Brethren who had chosen another King but that every Man should go to his House and live quietly under the King they had chosen and so they did and this was the end of that Tumult which God for the Sins of Solomon had permitted and allowed of And thus much I thought good to relate concerning the Jewish Commonwealth for that it may give light to all the rest I am to treat of for if God permitted and allowed this in his own Commonweal that was to be the Example and Pattern of all others that should ensue no doubt but he approveth also the same in other Realms when just occasion offers either for his Service the good of the People or for the punishment of the Sins and Wickedness of some Princes that the Line of Succession should be altered Now then to pass on further and to begin with the Kingdom of Spain which hath had three or four Races or Descents of Kings as France also and England have had First Race And the first Race was from the Goths which began their Reign in Spain after the expulsion of the Romans about the year of Christ 416 to whom the Spaniard referreth all his Nobility as the French doth to the German Franks and the English to the Saxons who entred France and England in the same Age as the others did Spain and the Race of the Gothish Kings endured Three hundred years until Spain was lost unto the Moors The second Race is from Don Pelago Second Race that was chosen first King of Austria after the destruction of the Kingdom by the Moors about the year of Christ 717 which Race continued and added Kingdom unto Kingdom for the space of Three hundred years until the year of Christ 1034 when Don Sancho King of Navarre got the Earldom of Aragon and Castile and made them Kingdoms dividing them among his Children to his second Son Don Ferdinando Sirnamed afterwards The Great he gave not only the Earldom of Castilia but by Marrying also the Sister of don Dermudo King of Leon and Asturia he joyned all those Kingdoms together Third Race and so from that Day began the third Race of the Kings of Navarre to Reign in Castile and so endured for Five hundred years until the year of Christ 1540 when the House of Austria entred to Reign by Marriage of the Daughter of Don Ferndinando Sirnamed The Catholick Fourth Race and this was the fourth Race of the Spanish Kings after the Romans Now in these four Ranks of Regal Descents divers Examples may be alledged for my purpose yet I shall pass by my first Race for that its evident by the Councils of Toledo which were held in those Times That express Election was joyned with Succession for in the 4th Council of Toledo Cap. 74. are these Words Let no man among us snatch the Kingdom by presumption but the former King being dead let the Nobility of the Kingdom together with the Priests and Clergy appoint the Successour of the Kingdom by Common Council Which is as much as if they had said Let no man enter upon the Kingdom by presumption of Succession alone but let the Lords Spiritual and Temporal by Common Voice see what 's best for the Weal-publick Don Pylao the first King after the destruction of the Kingdom by the Moors died and left a Son named Don Favilla who was King after his Father and Reigned two years aftes whose Death none of his Children werre admitted for King thô he left many but Don Alonso was chosen by the unanimous Consent of the Gothish Nation and for no other Reason Ambro. Moral lib. 13. cap. 6. 9. 10. but that the Kings Sons were young and unable to govern and this Alonso proved an excellent King and as Sebastianus Bishop of Salamancha who lived in the same time writes was for his Valiant Acts Sirnamed The Great To this Famous Don Alonso succeeded his Son Don Fruela who was a Noble King for Ten years and had many great Victories over the Moors but after declining to Tyranny he became odious to his Subjects and was Deposed and put to Death Anno Domini 768 Moral l. 13. cap. 17. and tho' he left two Sons yet for the Prejudice conceived against their Father neither of them were admitted by the Realm to succeed him but rather his Cousin Don Aurelio who Reigned Six years and died without Issue and because the Hatred which the Spaniards conceived against the Memory of Don Fruela was not yet extinguish'd they would not yet admit any of his Generation but excluded them a second time and chose Don Silo a Brother-in-Law of his so that the right Heirs of Don Fruela were twice put back for his evil Government But Don Silo being dead without Issue as also Don Aurelio was before him and the Anger of the Spaniards against Fruela being well asswaged they admitted his Son Don Alonso whom they had twice put back But he dying without Issue Don Ramiro his Cousin was chosen Moral cap. 33. and thô Don Ramiro was next in Blood to Alonso yet he was elected by the States as the Historian expresly writes But in the time of Don Ramiro the Law of Succession by propinquity of Blood was much reviv'd and strongly confirm'd and from this time forward the King always caus'd his eldest Son to be named King or Prince and to be always Sworn by the Realm and Nobility yet we shall find this Ordinance to have been frequently broken upon several Considerations As for Example after some Descents from Don Ramiro which were Don Ordonio this Mans Son and Don Alonso the Third Don Garzia and Don Ordonio the Second all four Kings by orderly Succession It hapned that in the year of Christ 924 Don Ordonio the Second dying left four Sons and one Daughter lawfully begotten and yet the State of Spain displaced them all and gave the Kingdom to their Uncle Don Fruela second Brother to their Father and for no other Reason but their being young and not so able to govern as their Uncle was But after a year this Fruela died leaving many Sons of a full Age yet the Spaniards put them all by the Crown and those Don Alonso the Fourth And this shall suffice concerning the Race of Don Pylao first Christian King of Spain after the Entrance of the Moors Now for avoiding prolixity we 'll omit many Instances that are for our purpose and be content to repeat a few of latter Date And First In the year of Christ 1276. Don Sancho Sirnamed El Bravo for his great Valour was chosen and his Nephews who were Heirs apparent put back because he weas a great Warriour and more like to manage better the Matters of War than they
And this was done in a General Parliament which was held at Segovia in the year 1276. and the two Princes his Nephews were put in Prison but afterwards by the intercession of their Uncle King Philip of France they were releas'd and had certain Lands given them and of them came the Dukes of Medina Coeli and all the rest of the House of Cerda which are of great Nobility in Spain Not long after this Garab lib. 15. 〈◊〉 1. An. 1363. when Don Pedro Sirnamed The Cruel King of Castile was driven out and his Bastard-Brother Henry the Second set up in his place John of Gaunt Duke of Lancaster having Married Dono Constantia the said King Peters Daughter and Heir pretended by Succession to the said Crown of Castile which was really his Right but yet the State of Spain denyed it flatly and defended it by Arms and prevailed against John of Gaunt as did also the Race of Henry the Bastard against his lawful Brother and the Race of Don Sancho the Uncle against his lawful Nephews and this hapned in the third and principal Descent of the Spanish Kings when this Matter of Succession was most assuredly and perfectly establisht and yet who will deny the Kings of Spain who held under the latter Titles To be true and lawful Kings By which it appears how frequently the Line of Succession has been altered in Spain upon any reasonable Consideration which they imagined to be for the Publick good And the like we shall find in France and England which we shall begin to treat of Now concerning the State of France thô since the Entrance of King Pharamond with his Franks out of Germany which was about the year of Christ 419. they have never had any Stranger come to wear the Crown which they attribute to their Salick Law that forbids Womens Reign yet they have twice chang'd their whole Race and Linage of Kings once by the Entrance of King Pepin who put out the Line of Pharamond about the year 751. and again in the promotion of Hugo Capetus who put out the Line of Pepin in the year 988. so as they have had three Descents and Races of Kings as well as the Spaniards Now I 'le pass over all the first Race of the Franch Kings as I also did the Spanish because some men may say That the Commonwealth and Law of Succession was not so well setled in those days as it was afterwards in the time of Pepin Charles the Great and their Descendents Therefore I shall only mention the second Rank which began with the Exclusion and Deposition of their lawful King Childerick the Third and Election of King Pepin in the year of Christ 781 after 22 Kings which had Reigned of the first Line of Pharamond for the space of Three hundred years This King Reigned 18 years being a famous King as all the World knows left his Kingdom by Succession to his eldest Son Charles Sirnamed aster The Great for his Famous and Heroical Acts. And thô the whole Kingdom belong'd to him by right of Succession yet did the Realm of France shew her Authority in his Admission ●●rard du ●ilan lib 3. as the Historian relates in these Words King Pepin being dead the French chose for their King his two Sons Charles and Carlomon on condition that they should divide the Realm equally betwixt them which was a heavy Condition to the elder Brother to part with half his Kingdom After these Brothers had Reigned together three years King Carlomon died and left many Sons but the Lords Spiritual and Temporal of France Swore Allegiance to Charles without any respect to the Children of Carlomon who by right of Succession should have been preferred After Charles the Great Reigned his Son Lewis the First Sirnamed Debonnaire of his Courtesie who entred with great Applause of all Men for the exceeding grateful Memory of his Father but he was Deposed by the means of his Sons and was put in a Monastery thô after he came to Reign again ●erard lib. 5. ●n 834. and his fourth Son by his second Wife named Charles the Bold succeded him in the Crown after many Battels against his elder Brother Lothair to whom it belong'd by Succession After Charles the Beld succeeded Lewis the Second who was the third Son for the Second died before his Father and the Eldest was put by for his ill Demeanour This Lewis also had like to have been deprived by the States at his Entrance for the Hatred conceived against his Father Gerard. lib. 1. had he not call'd a Perliament at Campeigne and sweetned the People and Nobility with many fair Promises This Lewis left two Bastards by a Concubine who were call'd Lewis and Carlomon as also an Infant newly born of his lawful Wife Adeltrude Daughter to King Alfred of England which Infant was King of France after by the Name of Charles the Simple thô not immediately after the Death of his Fahter For the Nobles of France said They had need of a Man to be King and not a Child and so the whole State of France chose for their Kings the two aforesaid Bastards and they were Crowned most solemnly and divided the whole Realm between them An. 881. and Queen Adeltrude with her Child true Heir of France fled into England to her Fahter and there kept him many years in which time she saw four or five Kings Reign in his place successively Of these two Bastards the Elder named Lewis Reigned but Four years and died without Issue the second named Carlomon lived but one year after him and left a Son called Lewis which succeeded him in the Kingdom by the name of Lewis the Fisth and Sirnamed Faineant for his idle and slothful Life for which as also for his vicious Behaviour and in particular for taking out and Marrying a Nun of the Abby of S. Saveour he was depriv'd and made a Monk in the Abby of S. Denis where he died and in his place was chosen King of France and Crown'd with great Solemnity Charles the Fourth Emperour of Rome who was Nephew to Charles the Bold before mentioned and therefore the French. Historians say That he came to the Crown partly by Succession and partly by Election but for Succession we see it was of no account being Charles the Simple the right Heir was alive in England and as it were forgotten being they had thrice excluded him and would not receive him after they had deprived Charles for his evil Government and rather chose one Odo Earl of Baris and Duke of Angiers and caused him to be Crown'd But after a few years being weary of this Man's Government and moved with Compassion towards the Youth in England they Deposed him while he was absent in Gascony and call'd Charles the Simple out of England and restor'd him to the Kingdom of France leaving only to Odo the State of Aquitain with Title of a Duke wherewith in rine he contented himself seeing