to liue alone But how theÌ„ wil you say is nature immutable It is in abstracto but it is not in subiecto Or thus In it selfe it is not chaÌ„ged in vs by reasoÌ„ of our imperfectioÌ„s it is Or els more plainely it is not changed but it is traÌ„sgrested But nature you say is alike to al. Not so good sir because all are not apt alike to receiue her euen as the sun beames doe not reflect alike vpon a cleane and cleare glasse and vpon a glasse that is either filthy or course And in many not onely men but nations euill custome hath driuen nature out of place and setteth vp it selfe in steade of nature Your third conclusion that no particulare forme of gouernement is naturall doth not finde so easie acceptaunce Your onely proofe is that if it were otherwise there should be one forme of gouernement in all nations because god and nature is one to all But this reason I haue encountred before and yet you take paines to puffe it vp with many waste words howe the Romanes changed gouernment how in Italie there is a pope a king and many dukes how Millaine Burgundie Loraine Bavier Gascoint and Britaine the lesse were changed from kingdomes to dukedomes howe Germanie was once vnder one king and is now deuided among dukes earles and other supreme princes How Castile Aragone Portugall Barcelona and other countries in Spaine were first Earldomes then Dukedomes then seuerall Kingdomes and now are vnited into one how Bâ—eme and Polonia were once Dukedomes and now are Kingdomes how Fraunce was first one kingdome then deuided into fower and lastly reduced into one How England was first a Monarchie vnder the Britaines then a Prouince vnder the Romaines after that diuided into seauen Kingdomes and lastly reduced into one how the people of Israell were first vnder Patriarkes Abraham Isaac and Iacob then vnder Captains then vnder Iudges theÌ„ vnder high Priests then vnder Kings and then vnder Captaines and high Priests againe I will not followe you in euery by way whereinto your errours doe leade for who would haue aduentured to affirme that the childreÌ„ of Israell were vnder Abraham and Isaac and that the Britaine 's at the first were vnder one King whereas Caesar reporteth that hee found fower kings in that country which is now called Kent but I will onely insist vpon the principall point in regard whereof all this bundell of wordes is like a blowne bladder full of winde but of no weight For first you doe but trifle vpon tearmes in putting a difference betweene Kings Dukes and Earles which holde their state with soueraigne power Wee speake not of the names but of the gouernement of Princes Supreme rulers may differ in name they may change name also either by long vse or vpon occasion and yet in gouernment neither differ nor change Secondly it is a more vaine ieast to put a difference in this regarde beweene a great territorie and a small If a kingdome bee enlarged or streightâ—ed in limites the gouernement is not thereby changed if many kingdomes bee vnited into one if one bee diuided into many the nature of gouernment is no more altered then is the tenure of lande either when partition is made or when many partes accrewe into one The knot of doubt is whether it bee not naturall that one state bee it great or small should rather bee commaunded by one person howsoeuer intitled then by many And if wee descende into true discourse wee shall finde that the verie sinewes of gouernment doe consist in commaunding and in obeying But obedience can not bee performed where the commaundementes are eyther repugnant or vncertaine neither can these inconueniences bee any waies auoided but by vnion of the authoritie which doth commaunde This vnion is of two sortes first when one commaundeth secondly when many doe knit in one power and will The first vnion is naturall the seconde is by meane of amitie which is the onely bande of this collectiue bodie and the moe they are who ioyne in gouernment the lesse naturall is their vnion and the more subiect to dissipation For as Tacitus saith aequalitie and amitie are scarce compatible Naturall reason teacheth vs that all multitude beginneth from one and the auncient Philosophers haue helde that from vnitie all thinges doe proceede and are againe resolued into the same Of which opinion Laertius reporteth that Musaeus of Athens was authour who liued long before Homer but afterwardes it was renewed by Pythagoras as Plutarch Alexander and Laertius doe write who added thereunto that vnitie is the originall of good and dualitie of euill And of this opinion Saint Hierome was also whose sentence is repeated in the canonicall decrees but vnder the title and name of Saint Ambrose Hereupon Homer doth oftentimes call good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and applyeth the terme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to affliction and trouble Hereupon Galen also writeth that the best in euerye kinde is one Plato produceth all thinges from one measureth all thinges by one and reduceth all thinges into one The whole worlde is nothinge but a greate state a state is no other then a greate familie and a familie no other then a greate bodye As one GOD ruleth the worlde one maister the familie as all the members of one bodye receiue both sence and motion from one heade which is the seate and tower both of the vnderstanding and of the will so it seemeth no lesse naturall that one state should be gouerned by one commaunder The first of these arguments was vsed by Soliman Lord of the Turkes Who hauing strangled Sultane Mustapha his sonne because at his returne out of Persit he was receiued by the soldiers with great demonstrations of ioy hee caused the dead bodie to be cast forthe before the armie and appointed one to crye There is but one God in Heauen and one Sultane vpon earth The second was vsed by Agesilaus to one that moued the Spartans for a popular gouernment goe first saide hee and stablish a popular gouernment within your owne doores To the third Tacitus did allude when hee saide The body of one Empire seemeth best to be gouerned by the soule of one man In the heauens there is but one Sunne which Serinus also applyeth vnto gouernement in affirming that if wee set vp two sunnes we are like to set all in combustion Many sociable creatures haue for one company one principall either gouernour or guide which al authors take for a natural demonstration of the gouernment of one And if you require herein the testimonie of men you shall not finde almost any that writeth vpon this subiect but hee doth if not alleage yet allow that of Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one Lord one King Plutarch declareth both his owne iudgement concerning this point and also the consent of others in affirming that all men did acknowledge that the
and Albert of Austria were elected Emperors wherupon eight yeers warre betweene them did ensue and as it often happened in the Empire of Rome when one Emperour was chosen by the Senate and another by the Soldiers and sometimes by euery legion one whereby such fiers were kindled as could not bee quenched without much bloude For these warres are most cruelly executed because the quarrell leaueth no middle state inter summum praecipitium betweene the highest honour and the deadliest downefall For these and diuers other respectes it hath bin obserued at most times in all nations and at all times in most that the roialtie hath passed by succession according to propinquitie of bloud We read that Ptolomie who after the death of Alexander the great seazed vpon Aegypt and part also of Arabia and of Africk left that state to his youngest sonne but Trogus saide and out of him Iustine that it was against the lawe of Nations and that vpon this occasion one of them did worke the death of the other And therefore when afterward Ptolomie surnamed Physcon at the importunitie of his wife Cleopatra would haue preferred his youngest son to the succession of his kingdom Iustine saith that the people opposed themselues against it but Pausanias more probably affirmeth that they reuersed his order after his death The same course was held in Italy by the Hetruscanes Latines and those Albanes from whome the Romanes tooke their originall Liuie writeth that Procas king of the Albanes appointed Numitor to succeede in his estate but Amulius his yonger brother did vsurpe it by force hereupon Dionysius Halicarnasseus saith that Amulius held the kingdome against right because it appertained to his elder brother Among the Graecians during the space of six hundred yeares wherein they were gouerned by kings we finde but Timondas and Pittacus who were elected the one of Corinth the other of Negropont the residue held their states by order of successioÌ„ as Thucidides affirmeth encouÌ„tring therein the opinion of Aristotle Liuy writeth that Perseus king of Macedon said that by the order of Nature the law of Nations and the ancient custome of Macedony the eldest sonne was to succeede in the kingdome Diodorus Siculus and Iustine doe report that by this custom Alexander succeeded his father Amyntas before his yonger brother Phillippe Herodotus declareth that the same order was obserued amoÌ„g the Troianes affirming that after the death of Priamus the kingdom was not to deuolue vnto AlexaÌ„der because Hector was before him in years The same also doth appeare by that which Virgil writeth Praeterea Sceptrum Ilione quod gesserat olim Maxima natarum Priami The Scepter vvhich Ilione vvhen she the state did stay The first daughter of Priamus vvith royall hand did svvay Out of which place Seruius Maurus doth collect that women also did vse to gouerne But more plainely this custome of the Troianes doth appeare by that which Messala Coruinus writeth that Troius had two sonnes Ilus and Assaracus and that Ilus by priuiledge of his age succeeded in the kingdome The Persians also who for a long time held the reines of all the nations neere vnto them had the same order of succession as Zenophon witnesseth which is also confirmed by two famous histories one between Artaxerxes Cyrus wherof Plutarch maketh mention the other between Artabazanes Xerxes reported by Herodotus Iustine wherin Artabazanes alleaged that it was a custome among all men that the eldest son should first succeed Agathocles out of him Athenaeus do write that the Persians had a golden water for so they terme it whereof it was capital for any man to drinke but only the king and his eldest son Whither this water were drawen out of the riuer Euleus which inuironeth the tower Susis the Temple of Diana wherof Pliny writeth that only the kings of Persia did drink or whether out of Choaspis whose waters Herodotus doth report to haue bin boiled caried after the king in siluer vessels or whether both these were one riuer I will neither determine nor discourse In Siria which is called Assiria as Herodotus writeth also Phoenicia Palestina Mesopotamia as appeareth by Pliny Eusebius diuers other the same custome is proued by that which Iustine L. Florus doe write that Demetrius hauing bin deliuered by his brother Antiochus king of Siria for an hostage to the Romanes hearing of the death of Antiochus declared to the senat in open asseÌ„bly that as by the law of nations he had giuen place to his elder brother so by the same law the right of succession was then cast vpon him The Parthians who being thrice attempted by the Romans in the time of their chiefest both discipline and strength were able to beare themselues victorious did alwaies acknowledge for their king the next of the bloud of their first king Arsaces Among the Germaines also who were of force to defeate fiue consulare armies of the Romanes Tacitus affirmeth that the eldest sonne did intirely succeede onely the horses did fall to the most valiant And that this was likewise the custome of the Iewes it is euideÌ„t by the whole history of their kings especially where it is said that Ioram succeeded Iosaphat the reason added because he was the eldest I should but burne day as the saying is in running further vpon particulars Herodotus doth aduow it to be a general custome among al men that the first in birth is next in succession Certaine ages after him S. Hierome said that a kingdom is due vnto the eldest In late ages our selues may see that the Tartars Turks Persians all the Asiaticks haue no other form of coÌ„stituting their kings No other is folowed in all the countries of Africk In the west Indies no other is yet discouered Insomuch as when Frances Pizaire in the conquest of Peru had slain Atibalippa the king therof the people brake into shew some of ioy all of contentmeÌ„t because he had made his way to the kingdom by murthering of his elder brother In Europe it is not long since all the Monarchies were successiue When the Empire of Almaine was made electiue it became in short time so either troblesom or base that diuers Princes refused to accept it of late it hath bin setled in one family but hath as yet litle increased either in dignity or in power The people of Denmarke Sweden Hungary and Bâ—eme doe chalenge to themselues a right of election but they accept their king by propinquitie of bloud So they did in Polonia vntill the line of Iagello was worne out and then they elected for king Henry duke of Aniou in France since which time they haue alwaies in the change of their kings exposed their state to faire danger of ruine Vpon this both generall and continuall custome Baldus saith that kingdomes are
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
Orosius saith that the Lacedaemonians did chose to haue their K. halt rather theÌ„ their kingdom Herodotus also writeth that after the death of Codrus king of Athens Medon his eldest son Neleus the next did contend for the kingdom because Neleus would not giue place to Medon who was by reason of his lame legs if not vnable yet vnapt to gouerne The matter being almost brought to the sentence of the sword it was mediated between theÌ„ that the coÌ„trouersie should be decided by the Oracle of Apollo-Apollo was consulted by whose iudgement Medon was declared king Iosephus hath left recorded that Aristobulus Hircanus after a long cruel conteÌ„tion for the kingdom of Iury made Pompeie the iudge of that right which by arms they wer vnable to decide Hircanus alleaged that he was eldest brother Aristobulus excepted that Hircanus was insufficient to gouern a realme Hereupon Pompei gaue sentence that Aristobulus should giue ouer the kingdome which he did vsurp Hircanus be restored to his estate The like iudgement doth Liuy write that Annibal gaue for the kingdome of that country which is now called Sauoy restoring Brancus vnto his right from which he had beene by his younger brother expelled And although Pyrrus did appoint that sonne to succede whose sworde had the best edge yet was the eldest acknowledged who bare the least reputation for valour Lisander moued the Lacedaemonians to decree that the most sufficient not alwais the next in bloud of the ligne of Hercules should be admitted to the kingdome yet Plutarch saith that he found no man to second his aduise I will adde an example of later times Ladislaus a man more famous for the sanctitie of his life then for his kingdom of Hungary left by his brother Grisa two nepâ—ewes Colomannus the elder who was dwarfye lame crooke-backt crab-faced blunt and bleare-eyed a stammerer and which is more a Priest and Almus the younger a man free from iust exception Yet these respectes set aside a dispensation was obteined from the Pope and Colomannus notwithstanding his deformities and defectes was accepted by the people for king Girarde writeth that the custome of the French was to honour their kings whatsoeuer they were whether foolish or wise able or weake esteeming the name of king to be sacred by whomsoeuer it should be borne And therfore they supported in estate not onely Charles the simple but Charls the 6. also who raigned many years in open disteÌ„perature disturbance of minde So you see that the practise of many nations haue beene contrary to your conceipt and that the interpreters of the ciuill and canon lawe good arbitrators of naturall equitie either beare against you or stand for you onely when disabilitie is naturall adding further that if the excluded successor hath a sonne before or after succession doth fall free from any such defect the right of the kingdome descendeth vnto him This affirmeth Baldus Socinus Cardinall Alexander and before them Andreas Iserna Because the inhabilitie of parents doth not preiudice the children especially in regard of their naturall rightes neither is it any impediment wherefore they should not enioy either priuiledge or dignitie from the person of their grandfather Magis est saith Vlpian vt aui potius dignitas prosit quam obsit casus patris It is fitter that the son should receiue profit by the dignitie of his grandfather then preiudice by his fathers chaunce And this we may thinke is a reasonable respect wherefore other interpreters haue not allowed their principall opinion in repelling him who is disabled by birth For if another be once possessed of his place it will be hard for any of his children to attaine their right Wherevpon difunion factions warres may easily arise It is inconuenient I grant to be gouerned by a king who is defectiue in body or in minde but it is a greater inconuenience by making a breache in this high point of state to open an entrance for all disorders wherein ambition and insolencie may range at large For as mischiefe is of that nature that it cannot stand but by supportaunce of another euill and so multiplieth in it selfe till it come to the highest and then doth ruine with the proper weight so mindes once exceeding the boundes of obedieÌ„ce cease not to strengthen one bouldnesse by another vntil they haue inuolued the whole state in confusioÌ„ We find that Gabriel the yongest brother of the house of Saluse kept his eldest brother in close prisoÌ„ vsurped his estate and gaue forth for satisfaction to the people that hee was mad I could report many like examples but I shal haue occasion to speake more hereof in the further passage betwixt vs. After this you conclude three points 1 That inclination to liue in companie is of nature 2 That gouernement and iurisdiction of magistrates is also of nature 3 That no one particulare forme of gouernement is naturall for then it should be the same in all countries seeing God and nature is one to all But before I ioyne with you either in contradiction or consent it shall not be amisse to declare briefly what we vnderstand by the lawe of nature and by what meanes it may best be knowne God in the creation of man imprinted certaine rules within his soule to direct him in all the actions of his life which rules because we tooke them when wee tooke our beeing are commonly called the primarie lawe of Nature of which sort the canons accompt these precepts following To worship god to obey parents and gouernours therby to conserue common society lawful coniunction of man woman succession of children education of children acquisition of things which pertaine to no man equall libertie of all to communicate commodities to repell force to hurt no man and generally to do to another as he would be done vnto which is the sum and substance of the second table of the decalogue And this lawe Thom. Aquine affirmeth to be much depraued by the fall of man and afterwards more by errour euill custome pertinacie and other corrupters of the mind and yet doth it yeeld vs so large light that Saint Paule did esteeme it sufficient to condemne the gentiles who had no other law written Out of these precepts are formed certaine customes generally obserued in all parts of the world which because they were not from the beginning but brought in afterward some as a consequence or collection others as a practise or execution of the first naturall precepts are called the secondarie lawe of nature and by many also the law of nations Gaius saith that which naturall reason doth constitute among all men is obserued by all alike and termed the lawe of Nations and the same is called by Iustinian the lawe of nature Cicero likewise saith the consent of al nations is to be esteemed the lawe of nature But this is
successiue by the law of nations affirming further that alwayes it hath beene alwayes it shall bee that the first borne succeedeth in a kingdome wherein he is either followed or accompanied with open crie of al the choise interpreters of both lawes as namely the Glossographer Iohan. Andreas Hostiensis Collect. Pet. Anchoranus Antonius Imola Card. Florentinus Abb. Panormitanus Oldradus Albericus Angelus Felinus Paul Castrensis Alexander Barbatius Franc. Curtius Guido Pape Card. Alexander Philip Francus Iason Philippus Decius Carol Ruinis Anto. Corsetta Ripa Calderine Alciate and manie other of somewhat more ordinarie name Who all with full voice do agree that in kingdomes and other dignities which cannot bee either valued or diuided but they are dismembred the eldest son doth entirely succeed And this manie of them do call the law of all Nations deriued from the order of nature and from the institution of God and confirmed by the Canon ciuil and other positiue lawes For the succession of children is one of the primarie precepts of nature whereby his mortalitie is in some sort repaired his continuance perpetuated by his posteritie But among al the children nature seemeth to preferre the first borne by imprinting in the mind of parents the greatest loue and inclination towards them as diuers of the authors before alleaged do affirm as it may appeare by that of the prophet Zacharie And they shall lamēt ouer him as men vse to lament in the death of their first borne and likewise by that which is said of Dauid that he would not grieue his sonne Ammon for that he loued him because he was his first borne Hereupon Lyra and before him Saint Augustin and Saint Chrysostome do affirme that the last plague of the Egyptians which was the death of their first borne was the most sharpe and heauie vnto them For nothing saith Saint Augustin is more deare then the first borne Aristotle Plinie Aeltane and Tzetzes do write that the same affection is also found in certaine beasts And to this purpose is that which Herodotus reporteth that when the Lacedaemanians had receiued an oracle that they should take for kings the two sonnes of Aristodemus and Aegina but giue most honor vnto the eldest and they were ignorant which was eldest because the mother and the Nurse refused to declare it they obserued which of the children the mother did wash and feed first and thereby found out that Eristhenes was the eldest Lucian citeth the loue of the first borne as growne into a prouerbe Gregorie Nazianzene saith that all men haue a sense thereof Saint Ambrose writeth that in this respect God called the people of Israel his first borne for that they were not most ancient but best beloued Lastly S. Chrysostome affirmeth that the first borne were to be esteemed more honorable then the rest And this naturall precedence both in honour and in fauour seemeth to be expressely ratified by God first where he said vnto Cain of his brother Abel His desires shall be subiect vnto thee and thou shalt haue dominion ouer him according to which institution whē Iacob had bought his brothers right of birth Isaak blessed him in these words Bee Lord ouer thy brethren and let the sonnes of thy mother bow before thee Secondly where he forbiddeth the father to disinherit the first sonne of his double portion because by right of birth it is his due Thirdly where he maketh choise of the first borne to be sanctified to himselfe And whereas God hath often preferred the youngest as Abel Isaac Iacob Iuda Phares Ephraim Moses Dauid Salomon and others it was no other then that which Christ said that manie that were last should be first and that which Saint Paul hath deliuered that God hath chosen the weak and base and contemptible things of this world least any flesh should glorie in his sight So hath Herodotus written how Artabanus the Persian in complaining maner did confesse that God delighted to depresse those things that were high But if the first borne die before succession fall or if being possessed of the kingdom he die without issue his right of birth deuolueth vnto the next in bloud and if he dieth in like maner then vnto the third and so likewise to the rest in order This is affirmed by Albericus and may be confirmed by that which Baldus saith that succession hath reference to the time of death and respecteth the prioritie which is then extant And againe He is not said the first borne in lawe who dyeth before the fee openeth but he who at that time is eldest in life And this opinion is embraced by Alciate because as Celsus saith Primus is dicitur ante quē nemo sit He is first who hath none before him Iaco. A retinus Cinus Albericus and Baldus doe forme this case There is a custome that the first borne of the first mariage shoulde succeede in a baronnie a certaine baron had three wiues by the first he had no children by the other two manie the first sonne of the second mariage shall succeede because as the glossographer there saith the second mariage in regarde of the thirde is accompted first Baldus dooth extende it further that if hee hath a sonne by the first mariage and hee refuse the baronie the first sonne by the second mariage shall succeede in his right and so hee saith it was determined in the kingdome of Apulia when Lewes the kings eldest sonne was professed a friar And this decision is allowed by Alexander Oldradus and Antonius Corsetta and is prooued by plaine text of the canon law both where the second borne is called first borne whē the first borne hath giuen place and also where he is called the onlie sonne whose brother is dead But because it is a notorius custome that the neerest in bloud doth succeede although perhaps remoued in degree I wil labour no more to loade it with proofe for who wil proclaime that the sunne doth shine But if we should now graunt vnto you which is a greater curtesie then with modesty you can require that no particular forme of gouernement is naturall what will you conclude thereof what inference can you hereupon enforce That there is no doubt but the people haue power to choose and to chaunge the fashion of gouernment and to limitte the same vvith vvhat conditions they please What Sir can you finde no thirde but that either one forme of gouernment is naturall or that the people must alwaies retaine such libertie of power haue they no power to relinquish their power is there no possibilitie that they may loose it whether are you so ignorant to thinke as you speake or so deceitfull to
in shew then in deede this shew began also to end when by the law Valeria L. Sylla was established dictator for foure and twentie yeares After this the empire did mightely encrease vntil the reigne of Traian◠at which time all authors agree that it was most large and yet far short of your wandring suruey not halfe fifteene thousand miles in compasse In your example of Caesar I neuer saw more vntruthes crowded together in fewer words you say he brake all lawes both humane and deuine that is one his greatest enemies did giue of him a most honorable testimonie You say he tooke all gouernment into his hands alone that is two the people by the law Seruia elected him perpetual dictator You make his death to be an act of the state that is three for they who slew him were both declared pursued by decree of the state for publicke enemies of whom not any one either died a naturall death or liued three yeeres after it was further decreed that the court where he was slaine should be stopped vp that the Ides of March should be called parricidium that the Senate should neuer be assembled vpon that day You say that Augustus was preferred in his place that is foure and all within the compasse of sixe lines Augustus was neuer chosen dictator Suetonius writeth that hee entreated the people vpon his knee not to charge him with that office But Augustus Antonius and Lepidus did first knit in armes by the name of Triumuiri to reuenge the death of Iulius Caesar whervpon a long cruell and doubtfull warre was set vp which continued the space of xx yeers first betweene these three and the murtherers of Caesar then betweene Lepidus and the other two lastly betweene Augustus Antonius and this was the sweet successe of the murther of Caesar. Augustus after his victorie was made perpetuall tribune as Suetonius hath written Dio. saith that he was freed from the power of the lawes as Pompeie also had beene before him Tacitus addeth that the people hauing their hearts broken with broiles permitted him to rise into rule and to draw by degrees the whole authoritie of the state into his handes And so it seemeth that the royall law was not yet established by which the people gaue ouer their power in gouernment wherevpon some make good the sentence which the Senate gaue against Nere because the soueraigntie was not then by any expresse act setled in the Emperour But where you bring the succession of Vespasian as a good successe of this sentence against Nero it is a vvilde and witlesse vntruth Galba succeeded next after Nero who was slaine in a sedition raised by Otho Otho againe was ouercome in field by Vitellius whervpon hee slue himselfe Lastly Vitellius was ouerthrowne and slaine by the Captaines of Vespasian who was the fourth Emperour after Nero. These intestine warres these open battailes fought to the full this slaughter of Emperours which you terme interludes vvere the immediate successe after the death of Nero. You furies of hell whose voices are lightening and thunder vvhose breathing is nothing but sword fire rages and rebellions the encountring of armies the butcherie of millions of men the massacre of princes you accompt enterludes These are your pleasures these your recreations I hope all christian common vvealthes vvill beare an eye ouer your inclination and keepe out both your persons and perswasions from turning their state into an open stage for the acting of these enterludes You continue your base bouldnesse in affirming that the senate procured the death of Domitian that they requested the soldiers to kil Heliogabalus that they inuited Constantine to come doe iustice vpon Maxentius this broken kinde of disguising is familiar vnto you to make such violencies as haue often preuailed against excellēt princes to seeme to be the act of the vvhole state And vvheras you bring the succession of Alexander Seuerus for a good successe of the murther of Heliogabalus being the rarest prince you say that euer the Romanes had you might haue alleaged any author in proofe thereof better then Herodian vvho vvriteth of him in this manner Alexander did beare the name and ensignes of the empire but the administration of affaires gouernment of the state did rest vpon wemen And further he vvriteth that by his slacknesse and cowardice the Romane Armie vvas defeated by the Persians finally that for his vvant of courage he vvas slaine by his owne soldiers By this vve may see that you goe blindfold being so far from caring that many times you scarce know vvhat you vvright Your markable example as you terme it of the change o◠the empire frō the west to the east frō Cōstantin the sixt to Charles king of France doth mark out nothing more vnto vs then your foūdred iudgemēt The questiō is not what one forren prince may do against another but what subiects may do against their soueraign this is the point of cōtrouersie heete you must cloase and not trauerse about in discourses impertinent The change of the kingdome of France from Childeric to Pepin your owne authour Girard affirmeth to be both an ambitious fraudulēt vsurpation wherin Pepin vsed the reuerēce of religiō as a mantle to couer his impietie rebelliō The matters which he obiected against Childeric were two first his insufficiēcie the ordinarie pretence of most rebellions but Girard saith that the auncient custome of the French was to loue honor their kings whether sufficient or vnable worthie or weake that the name of king vvas esteemed sacred by whomsoeuer it was borne Secondly he obiected that his subiects were condicionally sworne vnto him this also Girard writeth to be a forced and cautelous interpretation violently streining the words of their oath to his aduantage and in deede if the oath of the people had ben conditionall vvhat needed they to procure a dispensation for the same This vvas the first act saith he wherby the popes tooke occasion to set in their foot of authoritie for transporting of kingdoms from one race to another which growing to strength hath filled all christian countries with confusion and tumult Likewise the change of that kingdome from the line of Pepin to the line of Capet vvas a meere violence intrusion so vvas it acknowledged by Eudes earle of Paris the first of that family vvho did vsurp for that cause he was constreined after two yeares reigne to quit the crowne to giue place vnto Charles the lawfull heire And vvhen Robert brother vnto Eudes did enter into armes to recouer that vvhich his brother once held he vvas beaten downe and slaine by the faithfull subiects of king Charles Hugh the sonne of Robert nourished this ambition But Hugh Capet his sonne vvith better both opportunitie successe but no better right did accomplish the enterprise For Girard calleth him an vsurper Charles duke of Lorrane the
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
he doth not condition or restraine himselfe but maketh an honorable promise of indeuour to discharge his dutie being tyed thereby to no sâ—anter scope then he was before The reason hereof is Quia expressio eius quod tacitè inest nihil operatur The expressing of that which is secretly vnderstood worketh nothing Againe when the promise is not annexed to the authoritie but voluntarily and freely made by the Prince his estate is not thereby made conditionall For the interpreters of the Ciuill lawe do consent in this rule Pacta conuenta quae contractibus non insunt non formant actionem Couenants which are not inherent in contracts do not forme an action And therefore although by all lawes both of conscience and state a Prince is bound to performe his promise because as the Maister of sentences saith God himself will stand obliged to his word yet is not the authoritie but the person of the Prince hereby affected the person is both tyed and touched in honour the authoritie ceasseth not if performances do faile Of this sort was that which you report of Traian who in deliuering the sword to his gouernors would say If I raigne iustly then vse it for me if otherwise then vse it against me but where you adde that these are the very same words in effect which Princes do vse at their coronations pardon me for it is fit I should be mooued you will find it to bee a very base 〈◊〉 lye Of this nature was that also which the same Traian did to encourage his subiects to do the like in taking an oath to obserue the lawes which Pliny the younger did account so strange as the like before had not bene seene But afterward Theodoric did follow that fact whereupon Cassiodorus saith Ecce Traiani nostri clarum seculis reparamus exemplum iurat vobis per quem iuratis We repaire the famous example of Traian he sweareth to you by whome you sweare So when king Henry the fifth was accepted for successour to the crowne of Fraunce he made promise to maintaine the Parliament in the liberties thereof And likewise diuers Princes do giue their faith to mainetaine the priuiledges of the Church and not to change the lawes of the Realme which oath is interpreted by Baldus Panormitane and Alexander to extend no further then when the lawes shall be both profitable and iust because Iustice and the common benefit of subiects is the principal point both of the oath and dutie of a Prince whereto all other clauses must be referred And now to your examples First because in all the ranke of the Hebrew kings you cannot find either condition or oath not in the auncient Empires and kingdomes of the world not vsually in the â—lourishing time of the Romaine state both vnder heathen and christian Emperors because these times are too pure for your purpose you fumble foorth a dull coniecture That forsomuch as the first kings were elected by the people it is like that they did it vpon conditions and assurances for themselues That the first kings receiued not their authoritie from the people I haue manifested before and yet your inference hereupon is no other then if you should sue in some Court for a legacie alleadging nothing for your intent but that it is like the Testator shold leaue you something in which case it is like I suppose that your plea wold be answered with a silent scorne After a few loose speeches which no man would stoupe to gather together you bring in the example of Anastasius the first Emperour of Constantinople of whom the Patriarch Euphemius required before his coronation a confessioÌ„ of the faith in writing wherin he should promise to innouate nothing And further he promised to take away certaine oppressions and to giue offices without mony Let vs take things as they are and not speake vpon idle imagination but agreeable to sence what either condition or restraint do you find in these words Condition they do not forme because in case of failance they do not make the authoritie void neither do they make restraint because they containe no point whereunto the lawe of God did not restraine him All this he was bound to performe without an oath and if he were a thousand times sworne he was no more but bound to perform it eueÌ„ as if a father should giue his word to cloath and feede his child or the husband to loue his wife or any man to discharge that dutie which God and Nature doth require It is true that Anastasius was both a wicked man and iustly punished by God for the breach of his faith but his subiects did neuer challenge to be free therefore from their alleageance The same aunswere may be giuen to the promise which Michael the first gaue to Nicephorus the Patriarch That he would not violate the Ordinances of the Church nor embrue his hands with innocent bloud especially if you take the word Ordinances for matters necessarie to be beleeued but if you take it in a larger sence then haue I also declared in the beginning of this chapter how farre the promise doth extend Your next example is of the Empire of Almaine from whence all that you obiect doth fall within this circle After the death of Charles the Great the empire was held by right of succession vntill his line was determined in Conrade the first After whose death it became came electiue first in Henry duke of Saxony then in Otho his son and afterwards in the rest from whom notwithstanding no other promise was wrested but the discharge of that dutie which they were enformed or rather threatned that God wold seuerely exact at their hands But as in all electiue States it vsually hapneth at euery new change and choise the Emperor was deplumed of some of his feathers vntill in the end he was made naked of authoritie the Princes hauing drawne all power to themselues So by degrees the Empire was changed from a Monarchie to a pure aristocracie the Emperour bearing the title thereof but the maiestie and puissance remaining in the States During which weaknesse of the Emperour some points were added to his oath which seemed to derogate from the soueraigntie of his estate But what is this to those Princes who haue retained their dignitie without any diminution either of authoritie or of honour The like may be said of Polonia which not many hundred yeares since was erected into a kingdome and although the States did challenge therein a right of election yet did it alwaies passe according to propinquitie of bloud and was esteemed a soueraigne Monarchie vntill after the death of Casimire the Great when Lodonicus his Nephew King of Hungarie rather greedie then desirous to be king also of Polonia did much abase the Maiestie thereof Yet falling aâ—terward into the line of Iagello who maried one of the daughters of Lodowicke it recouered the auncient both dignitie and strength But when
that line also failed in Sigismond Augustus the last male of that Familie the States elected Henry Duke of Anjowe for their King with this clause irritant That if hee did violate any point of his oath the people should owe him no alleageance But whereas you report this as the vsuall oath of the Kinges of Polonia you deserue to heare the plainest tearme of vntruth In the kingdome of Spaine you distinguish two times one before the conquest thereof by the Moores the other after it was recouered againe by the Christians I acknowledge a difference in these two times for that in the one the right of the kingdome was electiue in the other it hath alwaies remained successiue insomuch as Peter Belluga a diligent writer of the rights of Arragon doth affirme that the people haue no power in election of the king except in case the line should faile Concerning the matter in controuersie you affirme that the kings did sweare the same points in effect which before haue bene mentioned This wee must take vpon your forfeited faith for you alleadge no forme of oath onely you write that the fourth nationall Councell of Toledo with all humilitie conuenient did require that the present king and all other that should follow would be meeke and moderate towardes their subiects and gouerne them with iustice and not giue sentence in causes capitall without assistance declaring further that if any of them should exercise cruell and proude authoritie 〈◊〉 they were condemned by Christ with the sentence of Excommunication and separated to euerlasting iudgement But what pang hath possessed your dreaming braines to tearme this by a marginall note Conditions of raigning in Spaine being no other then a reuerent and graue admonition of the dutie of a king with a feareful declaration of the iudgment of God against wicked Princes And that which was afterward decreed in the sixt Councell of Toledo That the king should sweare not to suffer any man to breake the Catholike faith because it is a principall point of his dutie his estate was not thereby made conditionall The rest of this passage you fill vppe with froath of the antiquated lawe of Don Pelayo prescribing a forme of inaugurating the Kinges of Spaine whereof there is not one point either now in vse or pertaining to the purpose So miserable is your case that you can write nothing therein but that which is either impertinent or vntrue For Fraunce your first example is taken from the coronation of Philip the first wherein you note that king Henrie his father requested the people to sweare obedience to his sonne inferring thereby that a coronation requireth a new consent which includeth a certaine election of the subiects But this is so light that the least breath is sufficient to disperse it Philip was crowned king during the life of his father which action as it was not ordinarie so was it of such both difficultie and weight that it could not be effected without assemblie and consent of the States The oath which he made is in this forme extant in the Librarie of Rheimes I do promise before God and his Saints that I will conserue to euery one committed vnto me canonicall priuiledge due Law Iustice and wil defend thē by the helpe of God so much as shall lye in my power as a king by right ought to do within his Realme to euery Bishop and to the Church cōmitted to him and further to the people cōmitted to my charge I wil grant by my authority the dispensatiō of laws according to right Ad to this a more anciēt form of the oth of those kings which it seemeth you haue not seene I sweare in the name of God Almighty promise to gouerne well duly the subiects cōmitted to my charge to do with all my power iudgement iustice and mercy Ad also the oath which you alleage of Philip the 2. surnamed Augustus To maintaine all canonicall priuileges law Iustice due to euery mā to the vttermost of his power to defēd his subiects as a good king is bound to do to procure that they be kept in the vniō of the Church to defend thē frō al excesse rapine extortion iniquity to take order that Iustice be kept with equity mercy to endeuor to expell heretiks What doth all this rise vnto but a princely promise to discharge honorably and truly those points of duty which the laws of God did lay vpō thē What other cōditions or restraints are imposed what other cōtract is hereby made where are the protestations which in the end of the last chap. you promised to shew that if the Prince do faile in his promise the subiects are free frō their allegeāce what clause do you find sounding to that sense But you litle regard any thing that you say you easily remēber to forget your word Wel thē we must put these your vaine speeches into the reckning of mony accōpted but not receiued and seeing you cannot shew vs that the kings of France and of Spaine are tied to any condition whereto the law of God doth not bind thē I will not vary frō the iudgemēt of Ordradus in affirming thē to be absolute kings I haue pressed this point the rather in this place because you write that most neighbour nations haue takē the forme of annointing crowning their kings from the anciēt custome of France although the substāce be deduced from the first kings of the Hebrews as appeareth by the annointing of king Saule whereof Dauid you say made great accompt notwithstanding that Saule had bene reiected by God and that himselfe had lawfully borne armes against him Out Atheist you would be dawbed with dung haue the most vile filth of your stewes cast in your face Did Dauid beare armes against his annointed king did he euer lift vp his eye-lids against him did he euer so much as defend himselfe otherwise then by flight It is certaine that Shemei did not halfe so cruelly either curse or reuile this holy man who did so much both by speech and action detest this fact that he would rather haue endured ten thousand deaths then to haue defiled his soule with so damnable a thought What then shall we say vnto you who to set vp sedition and tumult abuse all diuine humane wrightings in whatsoeuer you beleeue will aduance your purpose who spend some speech of respect vnto kings for allurement onely to draw vs more deepe into your deceit Shall we giue any further eare to your doctrine both blasphemous and bloudy We will heare you to the end and I deceiue my selfe but your owne tale shall in any moderate iudgement condemne the authoritie of your opinions for euer Let vs come then to your last example which is neither the last nor the least whereat you leuell And that is of England which of all other kingdomes you say hath most particularly taken this ceremony of Sacring and
was crowned in writing also that the States did consult in Parliament of creating a new king after the custome of their auncestors it is a sleepie ieast to straine euery word in such an author to proprietie of speech You might better haue cited what certaine cities in Fraunce not long since alledged for themselues That because they had not reputed Henry the fourth for their king because they had not professed alleageance vnto him they were not to be adiudged rebels whereupon notwithstanding the chiefest Lawyers of our age did resolue that forasmuch as they were originall subiects euen subiects by birth they were rebels in bearing armes against their king although they had neuer professed alleageance And this is so euidently the lawe of the Realme that it is presumption in vs both in you to assay by your shallow Sophistrie to obscure or impugne in me to indeuour by authorities and arguments to manifest or defend the same But the admission of the people you say hath often preuailed against right of succession So haue pyrates against merchants so haue murtherers and theeues against true meaning trauellers And this disloyalty of the people hath moued diuerse kings to cause their sonnes to be crowned during their owne liues because the vnsetled state of succeeding kings doth giue oportunitie to bouldest attempts and not as you dreame because admission is of more importance then succession I will examine your examples in the Chapters following In the meane time where you write that king Henry and king Edward both called the Fourth had no better way to appease their minds at the time of their death but by founding their title vpon consent of the people the Authors which you cite do plainely charge you with vnexcuseable vntruth King Edward neuer made question of his right king Henry did as some other Authors report but applied no such deceiptfull comfort this false skinne would not then serue to couer his wound To the seuenth Chapter which beareth title How the next in succession by propinquity of bloud haue oftentimes bin put backe by the commonwealth others further off admitted in their places euen in those kingdoms where succession preuaileth with many examples of the kingdome of Israel and Spaine HERE you present your selfe very pensiue to your audience as though you had so ouer-strained your wits with store of examples of the next in succession not admitted to the state that you had cracked the creadite of them for euer But you are worthy of blame either for endangering or troubling your selfe in matters of so small aduantage I haue shewed before that exāples suffice not to make any proofe and yet herein doth consist the greatest shew of your strength It is dangerous for men to be gouerned by examples though good except they can assure themselues of the same concurrence of reasons not onely in generall but in particularities of the same direction also and cariage in counsell and lastly of the same fauourable fortune but in actions which are euill the imitation is commonly worse then the example Your puffie discourse then is a heape of words without any waight you make mountaines not of Mole-hils but of moates long haruest for a small deale not of corne but of cockle and as one sayd at the shearing of hogges great crie for a little and that not very fine wooll Yea but of necessitie something you must say yea but this something is no more then nothing You suppose that either your opinion will be accepted more for authority of your person then waight of your proofes or else that any words will slide easily into the minds of those who are lulled in the humour of the same inclination because partialitie will not suffer men to discerne truth being easily beguiled in things they desire Besides whatsoeuer countenance you cary that all your examples are free from exception yet if you had cast out those which are impertinent or vniust or else vntrue you could not haue beene ouer-charged with the rest Your first example that none of the children of Saule did succeede him in the crowne is altogether impertinent because by particular and expresse appointment of God the kingdome was broken from his posteritie We acknowledge that God is the onely superiour Iudge of supreme Kings hauing absolute both right and power to dispose and transpose their estates as he please Neither must we examine his actions by any course of law because his will is aboue all law He hath enioyned the people to be obedient to their Kings he hath not made them equall in authoritie to himselfe And whereas out of this example you deduce that the fault of the father may preiudicate the sonnes right although he had no part in the fault to speake moderately of you your iudgement is either deceitfull or weake God in his high Iustice doth punish indeed the sinnes of parents vpon their posterity but for the ordinary course of humane iustice he hath giuen a law that the sonne shall not beare the iniquity of the father the equity wherof is regularly followed both by the Ciuill and Canon law and by the interpretors of them both Your second example is of King Salomon who succeeded in the state of Dauid his father notwithstanding he was his yongest sonne But this example in many respects falleth not within the compasse of your case First because he was not appointed successor by the people we speake not what the king and the people may do to direct succession but what the people may do alone Secondly for that the kingdome was not then stablished in succession Lastly for that the action was led by two Prophets Dauid and Nathan according to the expresse choise and direction of God whereby it is no rule for ordinary right Here many points do challenge you of indiscretion at the least You write that Dauid made a promise to Bathsheba in his youth that Salomon should succeed in his estate but if you had considered at what yeares Salomon began to raigne you should haue found that Dauid could not make any such promise but he must be a youth about threescore yeares of age You write also that Dauid adored his sonne Salomon from his bed but the words wherewith Dauid worshipped were these Blessed be the Lord God of Israel who hath made one to sit on my throne this day euen in my sight whereby it is euident that Dauid adored God and not his son This I note rather for obseruation of the loosenesse of your iudgement then for any thing it maketh to the purpose You are so accustomed to vntruths that you fall into them without either aduantage or end The like answer may be giuen to your example of Rehoboam because God declared his sentence therein by two Prophets Ahijah and Shemaiah But for that the ten tribes reuolted from Rehoboam vpō discontentment at his rough answer and with dispite against Dauid
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
of France a law was made that bastards should not succeed in the Crowne and yet other bastards of great houses were stil aduowed the French being then of the same opinion with Peleus in Euripides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Oftentimes many bastardes excell those that are lawfully borne which is verified by Hercules Alexander the great Romulus Timotheus Themistocles Homer Demosthenes Brutus Bion Bartolus Gratian Peter Lombard Peter Comesior Io. Andreas and diuers other of most flourishing name Your examples of Lewes the 6. and Lewes the 11. are not worth a word in answere In the beginning of their raigne you affirme that they had like to haue beene disinherited by the state for the offences of their Father You beare a minde charged with thoughtes vaine busie and bolde without any restreint either of honestie or of discretion For how else could you here also affirme that King Henry the third of England was condemned by his Barons to be disinherited for the fault of his Father It is vsuall with you in all your reports either plainely to breake beyond the boundes of all truth or grossely for I cannot now say artificially to disguise it with many false and deceiueable termes But to conclude for the state of France which is also to exclude whatsoeuer you haue said vnder the raigne of Charles the fift for the better establishment of this right and for cutting of those calamities which accompanie vsurpatiō there was a lawe made that after the death of any King the eldest sonne should incontinently succeede We are now come to our English examples of which you might haue omitted those of the Saxon kings as well for that there could be no setled forme of gouernment in those tumultuous times as also for that our Histories of that age are very imperfect not leading vs in the circumstances either of the maner or occasion of particular actions they declare in grosse what things were done without further opening either how or wherefore But both these doe make for your aduantage for who seeth not that your exāples are chiefly bred in tempestuous times and the obscuritie of Histories will serue for a shadowe to darken your deceit Well let vs take both the times and Histories as they are How will you maintaine that Egbert was not next successour to Briticus by propinquitie of blood Briticus left no children and Egbert was descended of the blood royall as Polydore affirmeth William Malmesbury saith that he was the only man aliue of the royall blood being descended of Inegild the brother of King Ina. How then is it true which you say that Britricus was the last of the roial descēt and if it had beene so indeede the right of election should then haue bene in the state And thus you stumble at euery step you entangle your selfe without truth or ende You snatch at the words of Polydore where he saith He is created king by consent of all which doe imply no other sense but that which a little after he saith That he was saluted king by all So we finde also that the like improper speech was vsed at the coronatiō of Philip the second king of France whereby the Archbishop of Reimes did challenge power in the right of his Sea to make election of the king That Adelstane was illegitimate you follow Polydore a man of no great either industrie or iudgement William Malmesbury accounted Egwina the mother of Adelstane to be the first wife of king Edward his father he termeth her also a noble woman contrary to that which Polydore fableth Henry Huntington Roger Houeden and others write no otherwise of him but as of one that was lawfully borne And in that you english these words of Polydore Rex dicitur Rex a populo salutatur Hee was made king by the people In that you affirme also that for the opinion of his valure hee was preferred before his brethren which were lawfully borne whome you acknowledge to be men of most excellent both expectation and proofe you doe plainly shewe that vse hath made you too open in straining of truth Eldred did first take vpon him but as Protector because of the minoritie of the sonnes of Edmund his elder brother and afterward entred into ful possession of the Crowne But that his nephewes were put backe by the Realme it is your owne idle inuention it was no more the act of the realme then was the vsurpation of King Richard the third That Edwin was deposed from his estate it is inexcusably vntrue Polydore writeth that the Northumbrians and Mercians not fully setled in subiection made a reuolt Malmesburie saith that hee was maimed of a great part of his kingdome by the stroke of which iniurie he ended his life And whereas you write in commendation of King Edgar his next successor that he kept a Nauie of 6600. shippes for defence of the Realme you discouer your defectiue iudgement in embracing such reports for true In that you say that many good men of the Realme were of opinion not to admit the succession of Etheldred after the death of his brother I dare confidently affirme that you doe not only tel but make an vntruth hauing no author either to excuse or countenance the same In that you write also that betweene the death of Edmund Ironside and the raigne of William Conquerour it did plainly appeare what interest the Common-wealth hath to alter titles of succession it doth plainly appeare that both your reason and your conscience is become slauish to your violent desire For what either libertie or power had the Common-wealth vnder the barbarous rage and oppression of the Danes when Canutus had spread the winges of his fortune ouer the whole Realme none hauing either heart or power to oppose against him what choise was then left vnto the people what roome for right what man not banished from sobrietie of sence woulde euer haue saide that hee was admitted king by the whole Parliament and consent of the Realme It is true that after he had both violently and vniustly obtained full possession of the Realme slaine the brother of Edmund Ironside and conueied his children into Sueden he assembled the Nobilitie and caused himselfe to be crowned king but neither the forme nor name of a Parliament was then knowne in Englande and if coronation were sufficient to make a title no king should be accounted to vsurpe Of Harold the first the naturall sonne of Canutus our Histories doe verie differently report Saxo Grammaticus writeth that he was neuer king but that he died before his Father Henry of Huntington reporteth that he was appointed but as Regent for his brother Hardicanutus Others write that apprehending the opportunitie of his brothers absence he inuaded Northumberland and Mercia by force of the Danes who were in Englande wherevpon the Realme was diuided one part holding for Harolde and another for Hardicanutus who was in Denmarke But because hee
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
make shew of care to preâ—erue the state but you are like the Iuy which â—eemeth outwardly both to imbrace and adorne the wall whereinto inwardly it doth both eate vndermine For what meanes either more readie or forceable to ouerthrow a state then faction and intestine quarels and what other milke doe you yeelde what are your opinions what your exhortations but either to set or to holde vp sedition and bloodshead Saint Paule teacheth vs not to resist higher powers although both cruel and prophane you teach vs to resist them what we can the Apostle is followed of al the auntient Fathers of the church you are followed of those only who follow the Anabaptists For my part I had rather erre with the Apostle in this opposition then holde truth with you But I will speake more moderately in a subiect of such nature I wil not say theÌ„ that I had rather erre but that I shall lesse feare to erre in not resisting with the Apostle theÌ„ in resisting with you New councels are alwaies more plausible then safe After you haue plaide the Suffenus with your selfe in setting the garland vpon your owne head and making your imaginarie audience to applaude your opinion as worshipfully wise you proceede to declare what ought chiefly â—o be regarded in furthering or hindering any Prince towards the Crowne Three points you say are to bee required in euerie Prince religion chiualrie and iustice and putting aside the two last as both handled by others and of least importance you assume onely to treate of religion wherein eyther errour or want doth bring inestimable damage to any state You drawe along discourse that the highest end of euery Common-wealth is the seruice worship of God and consequently that the care of religion is the principall charge which pertaineth to a King And therfore you conclude that whatsoeuer prince doth not assist his subiects to attaine this ende omitteth the chief part of his charge committeth high treason against his Lord and is not fit to holde that dignitie though he performe the other two partes neuer so well And that no cause can to iustly cleare the conscience whether of the people or of particular men in resisting the entrance of any Prince as if they iudge him faultie in religion This is neither nothing nor all which you say In electiue states the people ought not to admit any man for King who is eyther colde or corrupt in religion but if they haue admitted such a one with soueraigne authoritie they haue no power at pleasure to remoue him In successiue kingdomes wherein the people haue no right of election it is not lawfull for priuate men vpon this cause to offer to impeach either the entraÌ„ce or coÌ„tinuance of that king which the lawes of the State do present vnto them not only because it is forbidden of God for that is the least part of your regard but because disorderly disturbance of a setled forme in gouernment traineth after it more both impieties and dangers then hath euer ensued the imperfections of a king I will come more close to the point in controuersie and dispell these foggie reasons which stand betweene your eye and the truth There are two principall parts of the lawe of God the one morall or natural which containeth three points sobrietie in our selues iustice towards others and generally also reuerence and pietie towards God the other is supernaturall which containeth the true faith of the mysteries of our saluation and the speciall kind of worship that God doth require The first God hath deliuered by the ministrie of nature to all men the second he doth partly reueale partly enspire to whoÌ„ he please and therefore although most nations haue in some sort obserued the one yet haue they not only erred but failed in the other During the time of the lawe this peculiar worship of God was appropriate only to the people of Israel in a corner kingdome of the world the flourishing Empires of the Assirians Medes Persians AegyptiaÌ„s Graecians Syrians and Romans eyther knew it not or held it in contempt The Israelites were almost alwaies in subiection vnder these both Heathen tyrannicall gouernments yet God by his Prophets enioyned them obedience affirming that the hearts of kings were in his hands that they were the officers of his iustice the executioners of his decrees In the time of grace the true mysteries both of worship and beliefe were imparted also to other nations but the ordinarie meanes to propagate the same was neither by policie nor by power When S. Peter offered prouident counsell as hee thought vnto Christ aduising him to haue care of himselfe and not to go to Hierusalem where the Iewes sought to put him to death Christ did sharply reproue him for it when he did drawe his sword and therwith also drew bloud in defence of Christ hee heard this sentence They that take the sworde shall perish with the sworde Christ armed his Apostles onely with firie tongues by force whereof they maintained the fielde against all the stratagems and strength in the world And when Princes did not onely reiect but persecute their doctrine they taught their subiects obedience vnto them they did both encounter and ouercome them not by resisting but by persisting and enduring This course seemeth straunge to the discourse of of reason to plant religion vnder the obedience of kings not only carelesse therof but cruell against it but when we consider that the Iewes did commonly forsake God in prosperitie and seeke him in distresse that the Church of Christ was more pure more zealous more entire I might also say more populous when shee trauelled with the storme in her face then when the winde was eyther prosperous or calme that as S. Augustine saith Want or weakenesse of faith is vsually chastised with the scourges of tribulatioÌ„s We may learne thereby no further to examine but to admire and embrace the vnsearchable wisedome and will of God Seeing therefore that this is appointed the ordinarie meanes both to establish and encrease religioÌ„ may we aduenture to exchange it with humane deuices Is it the seruants dutie eyther to contradict or dispute the maisters commaundement is there any more readie way to proue an heretike then in being a curious questionist with God is hee bounde to yeelde to any man a reason of his will It is more then presumption it is plaine rebellioÌ„ to oppose our reason against his order against his decree It standeth also vpon common rules That which is contrary to the nature of a thing doth not helpe to strengthen but to destroy it It is foolish to adde externall stay to that which is sufficient to support it selfe It is sencelesse to attempt that by force which no force is able to effect That which hath a proper rule must not be directed by any other And this was both the profession and practise of the auntient Fathers of the