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
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
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
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
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
and his house and not in obedience to Gods decree we cannot excuse them from offence for which it turned to their destructiō For hereupon first they were separated both from the place maner of the true worship of God thē there arose vnappeasable war betweene them the tribe of Iudah then insolencies following disorders they were neuer long time free from conspiracies diuisions and tumults by which meanes being drained both of wealth and inhabitants and reduced to a naked weaknesse they were lastly caried captiue into diuerse farre countries and strangers were sent to inhabite their cities I must here also obserue a few of your interpretations wherein your boldnesse is not limited with any bounds It is to be noted you say that before Rehoboam went to Shechem to be admitted by the people he was not accompted true King I desire therefore that you would satisfie vs in these places following Before Rehoboam went to Shechem the Scripture saith that Salomon died and was buried and Rehoboam his sonne raigned in his stead Againe after the defection of the ten tribes it is sayd that in the cities of Iudah Rehoboam did raigne still implying thereby that in the other cities he raigned before Againe they are sayd to haue rebelled against the house of Dauid And lastly Rehoboam raised all the strength of Iudah and Beniamin to bring the kingdome againe vnto him Further you write that ten tribes refused to admit Rehoboam but the Scripture saith that they rebelled What did God only allow hereof after it was done did he only permit the people to do it the Scripture testifieth that it was his decree that it was his deed and that he declared his will by Ahijah the Prophet during the life of Salomon and for his sins But these speciall warrants do not constitute a law they serue onely to make good the particular actions for which they are directed and not to iustifie another the like Lastly S. Paule saith that all things happened to the Iewes in figure vpon which place diuerse expositors haue noted that the state of the Iewes was a figure of the Church of Christ but that it was an example and patterne of all other states that should ensue it shall be ranged among your cast conceipts I refer me now to the iudgement of any man who taketh not pleasure to beguile himselfe whether you do not by art trumpery manifestly abuse vs partly by incapacitie partly by deceipt either corrupting or confounding whatsoeuer you take in hand Your humor both discontented and vnquiet hath armed your mind with bloudy desires which haue edged you on to put fewell to those slames which you shold endeuour to quench though it were with your bloud I will not stand vpon the particular examples of Spaine as well for that the matter is both tedious and to litle purpose as also for that we haue small conformitie with the customes of that nation Onely thus much in generall We acknowledge that in auncient times the kingdome of Spaine was electiue and therfore your examples drawne from thence are nothing pertinent The examples of later times are both few and vniust caried onely by faction and by force as Garabay testifieth of your example of Aurelio and as by the example of D. Sancho el Brauo I haue declared before But you accompt faction to be the Common-wealth and violence Iustice when it may make to the furtherance of your affaires The Historie of D. Berenguela I will briefly report rather for the respect which guided the Castilians then that I allow it for right which they did Henry had two sisters Donna Blanch the eldest maried to Lewes the eight King of Fraunce and Berenguela the yongest maried to Alphonso king of Leon. Henry dying without issue the Castilians feared if they should submit themselues vnto Blanch that their state being lesse then the state of Fraunce would be made a member thereof and gouerned as a Prouince and not as a kingdome And therefore they did rather chuse to professe allegeāce to the Lady Berenguela by which meanes the kingdome of Leon was afterwards annexed vnto Castile to the great encrease both of dignitie and assurance to them both I haue followed herein your owne Authors not being ignorant that others of better name do write that Berenguela was the eldest sister as I shall haue occasiō hereafter to declare but for the present let it be as you please and let vs weigh our owne wisdomes not only in straining but in forging titles to incurre those mischiefes which the Castilians reiected a lawfull title to auoid And this was also one of the motiues of the reuolt of Portugale which is your last example although it had also as Garabay writeth a concurrence of right For Ferdinand king of Portugale by his procurators the Bishop of Ebora and others did both contract and solemnize espousals with Elianor daughter of Peter king of Aragon But being entred into war with Henry king of Castile finding himself at some disaduātage he forsooke the king of Arragōs daughter cōtracted himself to Elianor daughter to the king of Castile vpō very beneficiall conditions for his state Afterward falling into fancy with one of his subiects named Elianor Telles de Meneses wife to a noble man called Lorenzo Vasques de Acun̄a he tooke her as his wife and enforced her husband to auoid the Realme had by her one only daughter named Beatrix who was ioyned in mariage to Iohn king of Castile After the death of the king of Portugale her father the king of Castile in the right of his wife laid claime to that realme was accordingly acknowledged by the chiefe of the nobility and Prelats and in particular by D. Iohn maister of Auis her fathers base brother who was then the most forward man in her fauour But afterwards falling into quarrell and hauing slaine the Count de Oren he stirred the people against the Queene cōpelled her to quit the city And after diuerse outrages and murthers committed vpon the Bishop of Lisbone an Abbesse and many others hee was first made gouernour of Portugall and then proceeding further in an assembly of his partie gathered at Coimbra he was made King Garrabay writeth that the chiefest obiection against Beatrix was because her mother was not King Ferdinands lawfull wife And I beleeue you also that they had a reflexe not to loose the dignitie of their kingdome as now they haue done and be made subiect to the cruell both auarice and ambition of a more potent state To the eighth Chapter which is entituled Of diuers other examples out of the states of France and England for proofe that the next in bloud are sometimes put backe from succession and how God hath approued the same with good successe YOur examples of France to which Nation wee are more neare both in scituation and lawes I will runne ouer with a swift course Of the