vntil it was violently drawn froÌ„ Sardanapalus to the Medes From them also Cyrus by subuersion of Astyages did transport it to the Persians and from them againe the Grecians did wrest it by conquest After the death of Alexander his captaines without any consent of the people made partition of the empire among them whose successors were afterwards subdued by the armies and armes of Rome And this empire beeing the greatest that euer the earth did beare was in the end also violentlie distracted by diuers seueral either conquests or reuolts Leo After writeth that it is not a hundred yeares since the people of Gaoga in Africk had neither king nor Lord vntill one hauing obserued the greatnesse and maiestie of the king of Tombute did enterprise to attaine soueraigntie aboue them which by violence he effected and left the same to his posteritie And because I will not bee tedious in running through particulars giue you an instance of anie one people which hath not diuers times receiued both Prince and gouernment by absolute constraint Et Phillidasolus habeto and I will yeeld to all that you affirme But failing herein you shall bee enforced to confesse that in manie yea in most if not in all countries the people haue receiued libertie either from the graunt or permission of the victorious Prince and not the prince authoritie from the vanquished people What helpes nowe doe you imagine that the people haue assigned to their Prince The first you affirme to be the direction of lawes But it is euident that in the first heroicall ages the people were not gouerned by anie positiue lawe but their kings did both iudge and commaund by their word by their will by their absolute power and as Pomponius saith Omnia manu a regâ—bus gubernabantur Kings gouerned all things without either restraint or direction but onely of the lawe of nature The first lawe was promulged by Moses but this was so long before the lawes of other nations that Iosephus writeth It was more ancient then their gods affirming also that the word Law is not found in Homer or in Orpheus or in anie Writer of like antiquitie Of this law of nature Homer maketh mention in these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And they who keepe the lawes which God hath prescribed And againe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vnciuill and vniust is he and wanting priuate state Who holdeth not all ciuill war in horror and in hate And of the iustice of kings he writeth in this maner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In which verses Chrysostome affirmeth by the iudgment of Alexander that Homer hath delineated the perfect image of a King but that hee maketh mention of anie positiue lawes I doe rather doubt then assuredlie denie For Kings in auncient times did giue iudgment in person not out of any formalitie in lawe but onlie according to naturall equitie Virgil saith Hoc Priami gestamen erat cumiura vocatis More daret populis This was the robe which Priamus did alwaies vse to weare When he the people to him called their causes for to heare Which he doth also affirme of Aeneas Dido and of Alcestes The like doth Herodotus report of Midas king of Phrygia who consecrated his tribunall to Apollo and the like also dooth Plutarch of diuers kings of Macedonia Philarchus affirmeth in Athenaeus that the kings of Persia had palme trees and vines of goulde vnder which they did sit to heare causes But because it grew both troublesome tedious for al the people to receiue their right from one man lawes were inuented as Cicero saith and officers also appointed to execute the same Another original of lawes was thus occasioned When anie people were subdued by armes lawes were laid like logs vpon their necks to keepe them in more sure subiection which both because it is not doubtful and to auoid prolixitie I will manifest onlie by our owne example When the Romans had reduced the best part of this Iland into the forme of a prouince as they permitted libertie of lawe to no other countrie vnder their obedience so here also they planted the practise of their lawes and for this purpose they sent ouer manie professors and among others Papinian the most famous both for knowledge and integritie of all the authors of the ciuill lawe Againe when the Saxons had forced this Realme and parted it into seauen kingdomes they erected so manie settes of law of which onelie two were of continuance the Mercian lawe and the West Saxon law After these the Danes became victorious and by these newe Lordes new lawes were also imposed which bare the name of Dane-lawe Out of these three lawes partlie moderated partlie supplied King Edward the confessor composed that bodie of lawe which afterwardes was called Saint Edwards lawes Lastly the Normans brought the land vnder their power by whom Saint Edwards lawes were abrogated and not onlie new lawes but newe language brought into vse in somuch as all pleas were formed in French and in the same tongue children were taught the principles of Grammar These causes wee find of the beginning of lawes but that they were assigned by the people for assistance and direction to their kinges you bring neither argument nor authoritie for proofe it is a part of the drosse of your owne deuise The second helpe which you affirme that common wealthes haue assigned to their kings is by parliaments and priuie councelles But Parliaments in al places haue bin erected by kings as the parliament of Paris and of Montpellier in Fraunce by Philip the Faire the parliament in England by Henrie the first who in the sixteenth yeare of his raigne called a councell of all the states of his realme at Salisburie which our Historiographers do take for the first Parliament in England affirming that the kings before that time did neuer call the common people to counsell After this the priuie councell at the instance of the Archbishop of Canterburie was also established and since that time the counsellors of state haue alwaies bin placed by election of the Prince And that it was so likewise in auncient times it appeareth by thaâ— which Homer writeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 First hee established a councell of honorable old men And likewise by Virgill gaudet regno Troianus Acestes Indicitque foru et patribus dat iura vocatis Acestes of the Troiane bloud in kingdome doth delight He sets a Court and councell cals giues ech man his right I will passe ouer your course foggio drowsie conceite that there are few or none simple monarchies in the world for it would tire any â—to toyle after your impertinent errours and wil now rip vp your packet of examples whereby you indeuour to shew that the power of kings hath bin brideled by their subiects But what do you infer hereby What can you inforce will you
rake ouer al histories for examples of rebellion and then argue a facto ad ius that euerie thing is lawful which you finde to haue bin done Iustinian sayth Non exemplis sed legibus iudicandum We must iudge facts by lawe and not lawe by facts or by examples which Alciate and Deciane do terme a golden lawe because there is no action either so impious or absurd which may not bee paralleled by examples Will you prooue it lawful to vse fleshlie familiaritie with the sister with the mother in law with the natural mother You haue the example of Cambyses for the first Caracalla for the second Dionysius and Nero for the third The Iewes vppon whom God had setled his choise did at times beside many other enormities erect male stewes Of the two nations whose examples you vse the Romans and the Lacedaemonians the first did the like vnder diuers emperours as Lampridius writeth and in more auncient times allowed also parricide of children the other would sort themselues by fifteene and twentie families together and hold both wiues and goods in common I omit the vnnatural customes of diuers other nations and will now declare how in straining a fewe examples to countenance your conceit you are constrained to beare your selfe no lesse cunning in concealing truthes then bold in auouching things which are not only vncertaine but plainely false It is true which you write that the kings of Sparta by the institution of Lycurgus were obedient to the officers called Ephori but these were titular kings hauing no other power but a single voice among the Senators and because all affaires were caried by consent of the people the estate was then esteemed popular Afterwards Theopompus by pretence of an Oracle drew this authoritie from the people to a Senate of thirtie whereby the gouernment did change into an Aristocracie yet the naked name of kings was retained By this shuffling of rule the Lacedaemonians were continually tossed with tempests of sedition ceasing not to wade in their owne bloud as before you haue acknowledged vntill in the end they were brought into subiection first by the Macedonians afterward by the Achaeans and lastly by the Romans I will not say now what reason haue we but what a shame is it for vs to open our cares to these Vtopicall state-writers who being mellowed in idlenesse hauing neither knowledge nor interest in matters of gouernment make new models vpon disproportioned ioints borrowed from nations most different in rule You affirme by the testimonie of Liuie that for offence taken against Romulus because hee raigned at pleasure and not by law the Senators did cut him in peeces in which short assertion many base vntruths are included beneath the degree of anie vile word Liuie writeth that he sorted the people into order and gouerned them by lawes and that hee was also both aduised and valiant in the field euen such a one as Homer describeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Both a good king and couragious commander Concerning his end Liuie writeth that in taking muster of his armie a thicke tempest did arise after which he was neuer seene wherein he is seconded by Solinus Eutropius and the rest only Liuie addeth that there was a rumor but verie obscure without any certaine either authour or ground I will adde also without probabilitie that he was torne in peeces For howe probable is it that such a fact in the open view of his armie could bee verie obscure how probable is it also that the people would first teare him in peeces for his iniustice and then worship him for a God Further with what either confidence or conceit doe you alleage this report of Liuie for his opinioÌ„ I find your fetch you apprehend euerie thing which may if not confirm yet countenance that doctrine which lately you haue drawne out of Cerberus denne That it is lawfull to contriue the death of kings That the people were grieued against Seruius Tullius for raigning without election it is a meere fantasie a dreame a deuise Liuie faith that hee was declared king with such a consent as no man had bin before him That Tarquinius neglected the lawes of gouernment prescribed to him by the common wealth it is an ougly vntruth Liuie saith that he brake the auncient manner of kings before him but for lawes Pomponius affirmeth that at that time the Romans had no lawes but from their kings and that Sextus Papirius reduced them into one volume which was called the ciuill law of Papirius and that when the people expelled their kings they abrogated their lawes also and remained twentie yeares without any law Lastly you adde that the Romans did expell their kings and erect Consuls in their steed but you suppresse that which followed which I hold for a common consequence of the like disorder First that for this cause they were presently almost ouerwhelmed with warres secondly that in this state they neuer enjoyed long time free from sedition lastly that as Tacitus saith there was no meanes to appease these tumults but by returning to a monarchie againe All this I write rather to manifest the maner of your dealing then that I hold it much regardable what Romans did Your examples of our present age I will wrap vp in these few words All nations very few excepted do consent in this forme of gouernment first to bee vnder one Prince secondly to accept him by succession according to propinquitie of bloud in other circumstances either for in augurating their prince or for the maner of managing and executing his gouernment not two nations in the world in all points do agree And yet is not this diuersitie raised by any lawes which the people doe prescribe vnto their Prince as you doe most grossely yea peeuishly yea maliciously affirme but by the particular lawes and customes of euerie nation in which the consent of the Prince either secret or expresse sometimes onely is sufficient alwayes principally doth concur Vpon this diuersitie of customes you conclude that it sufficeth not to alleage bare propinquitie of bloud What not where that custom is established as I haue declared it to bee in most nations of the world doth difference of customes make all custom void doth diuersitie of custome in some circumstances take away the principall custome of succession by bloud This cleaueth together no surer then sand you loose both labour and credit in obtruding vnto vs these weake and loose arguments without either force of reason or forme of Art Your instance of the lawe Salicke in France doth offer occasion to enter into a large fielde wherein I could plainlie prooue that there was neuer anie such lawe made to bind the discent of the crowne of Fraunce and that it hath bin the custome in most parts of the world not to exclude women from succession in state in so much as Beda and before him Eusebius and Plinie doâ—
representeth his person who gaue commission and not his owne Herevpon Alexander Panormitane Innocentius and Felinus doe affirme that they may cast their commissioners out of power when they please because as Paulus saith a man can iudge no longer when he forbiddeth who gaue authoritie Further all states take denomination from that part wherin the supreme power is setled as if it bee in one prince it is called a monarchie if in many of highest ranck then it is an aristocracie if in the people then a democracie Whervpon it followeth if the people are superiour to the prince if the prince hath no power but by commission from them that then all estates are populare for we are not so much to respect who doth execute this high power of state as from whō immediately it is deriued Hereto let vs ad that which you haue said in another place that in populare gouernments there is nothing but sedition trouble tumults outragies iniustices vpon euery light occasiō thē we shall perceiue first that you want the art of a wise deceiuer not to be entangled in your tale secondly that this is meere poison which the diuell hath dropt out of your pen to infect christian coūtries with disobedience disorder In a word to the contrary of this your impudent vntruth our laws do acknowledge supreme authority in the prince within the realme dominions of england neither can subiects beare thēselues either superior or equall to their soueraigne or attempt violence either against his persō or estate but as well the ciuill law as the particulare lawes customes of all countries do adiudge it high hainous treasō I will speake now without passion what reason haue we to accept your idle talk for a kind of authority against the iudgement lawes of most nations in the world You proceede that the power of a prince is giuen to him by the common wealth with such conditions exceptions as if the same be not kept the people stand free That the prince receiueth his power vnder plain conditiōs you go about to proue afterward now you hold on that in all mutual contracts if one side recede from promise the other remaineth not obliged this you proue by two rules of the law The first is he doth in vaine require promise to be kept of another man to whom he refuseth to performe that which he promised the other is a man is not bound to performe his oath if on the other part that be not performed in respect whereof he did sweare Poore fellow had you ben as conuersant in the light of law and cleere course of iustice as you are in the smoake dust of some corner of a colledge you wold neuer haue concluded so generally so confidētly vpō any of the rules of law which are subiect for the most part vnto many exceptions Alexander Felinus doe assigne fiue fallencies vnto these rules Socinus giueth the cootrarie rule to him that breaketh his faith or oath faith ought to bee kept thē restraineth it with seauē limitations But all affirme that in those offices which are mutuall between any persōs by the law of nature or of God as between the father the child the husband the wife the master the seruant the prince and the subiect although the same be further assured by promise or by oath the breach of duty in the one is no discharge vnto the other And therfore if the father performeth not his duty towards his children they are not thereby acquitted both of the obedience care which God nature exacteth of them howsoeuer Solon in his lawes discharged children from nourishing their parents if they did not traine them in some trade wherby they might acquire their liuing Much lesse are subiects exempted from obedience if the prince either erre or be defectiue in gouernment because the like respect is not due vnto parents as vnto Princes as I haue somewhat touched before insomuch as a sonne that beareth authoritie hath right both to commaūd and compell the father This was declared among the Romanes by that which Plutarch Liuie Valerius and Gellius doe report of Q. Fabius to whome being consull when Fabius Maximus his father who had bene consull the yeare before did approch sitting vpon his horse the sonne commanded him by a sergeant to allight the father not onely obeyed but highly commended both the courage and iudgement of his sonne in maintaining the maiestie which he did beare and in preferring a publicke both dutie and authoritie beefore priuate Vpon those examples Paulus the lawier did wright that publick discipline was in higher estimation among the Romane parents then the loue of children After an impertinēt discourse that vpon diuers cōsiderations an oath ought not to be performed you annex another cause wherefore subiects may withdraw their alleageāce that is when it should turne to the notable dammage of the common wealth and both these you affirme to be touched in the depriuation of Childeric king of France But I regard not what was touched in the depriuation of Childeric I haue answered to that in the chapter next before I require either arguments or authoritie of more tough temper Well then let vs turne back the leafe and there we shall finde a rule of the law because by rules onely you will beat down rule In euill promises it is not expedient to keepe faith Which is also confirmed by a sentence of Isidorus In euill promises break your word in a dishonest oath change your purpose Well fare your vvits good soule doe you accompt the promise of obedience euill not so I suppose you will say but it turneth to be euill vvhen it turneth to the notable detrimēt of the commō wealth It is one of your peculiar guifts the further you goe the more impious you declare your selfe For if you take the word euill in noe higher sence then for detriment and damage it would follow vpon your rule that a man vvere no further tyed to his promise then the performance thereof were aduantageable vnto him You vvould inforce also that if the father doth dissipate his patrimoniall estate and runne a course to ruine his familie the children and the wife may thervpon disauow their duties But if vvee take a true touch of this point we shall finde that the vices of any Prince are not sufficient of themselues to ouerthrow a state except therevpon rebellions be raised vvhich vvill draw all things into confusion For there is no Prince vvhich either hath liued or can almost be imagined to liue in so little sence of humanitie but generally he both fauoureth and maintaineth some order of iustice onely against particuler persons some of them haue violently bene carried by the tempest of their passion vvhereby notwithstanding the inordinate desires of one man can not possibly reach to
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
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
to be takeÌ„ not as though al natioÌ„s haue at any time obserued one vsage alike it is not necessary faith Baldus that the word alâ— should cary so large a seÌ„ce neither hath it euer bin brought into knoledge what customes all nations haue held in vse And it is most certain that ther is not one point or precept of the law of nature but by reasoÌ„ partly of the weaknes partly of the corruption which the fal of Adam fasten in his posteritie some people haue at all times either neglected or els depraued some being so dull as they could not perceiue others so malicious as they would denie that which nature did lay before them Yea such is either the weakenesse or wilfulnesse of our iudgement that they who are not onely admitted but admired for wise men doe many times disagree in determining what is most agreeable to nature much lesse may we either expect or imagine that al natioÌ„s so differeÌ„t so distaÌ„t neuer so much as now and yet not now fully discouered should iuÌ„pe in one iudgemeÌ„t for vniform obseruatioÌ„ of any custome neither is that no natural right as Zenophon noteth which many dayly doe transgresse And therefore Donellus did vniustly reiect the discription which Gaius gaue of the law of nations by taking the word al in the amplest sence S. Ambrose and S. Hierome did in this sort declare it that we are to take that for a decree of natioÌ„s which successiuely and at times hath beene obserued by all But as for any one time as it is to be iudged the decree or custome of a whole citty which hath passed by consent of the most part although al haue not allowed and some perhaps haue opposed against it so is it to be esteemed the lawe of nations the common lawe of the whole world which most nations in the world are found to imbrace And because gouernment was not from the beginning but induced as a consequeÌ„ce of the primary precept of nature to maintaine humane societie therefore whensoeuer wee speake of naturall gouernment we are intended to meane the secondary lawe of nature which is the receiued custoÌ„e successiuely of al alwaies of most nations in the world Out of this we may gather that three rules doe chiefly lead vs to the knowledg of this law The first is that which Cicero in the like case giueth to appeale vnto seÌ„ce because there is no man but by the light of nature hath some sence of that which nature doth allowe S. Augustine saith I know not by what inward conscience we feele these things and likewise Tertullian Nature hath tainted all euill eyther with feare or with shame Wherto agreeth that which S. Ambrose saith although they deny it they cannot but shew some tokens of shame HerupoÌ„ the authors of the ciuill lawe do reiect that for vniust which is not demaunded without shew of shame For as Cassiodorus writeth God hath giueÌ„â—l men such a sence of iustice that they who know not the lawes cannot but acknowledge the reason of truth But because this light of nature in many men is exceeding dimme the next rule is to obserue what hath bin allowed by those who are of greatest both wisedome and integrity in whom nature doth shew her selfe most cleere For as Aristotle saith that is probable which prooued men do approue Among these the first place pertaineth vnto them who by inspiration of god haue compiled the books of holy scripture to whom as attendants we may adioyne the ancieÌ„t counsailes fathers of the church The next place is to be giueÌ„ to the authors of the ciuill lawe whose iudgement hath bin these many hundred yeers admired by many approoued by all and is at this daie accepted for lawe almost in all states of the christiaÌ„ common wealth To these also we may adioyne as attendants their interpreters of most approued note The third place is due to Philosophers historiographers orators and the like who haue not vnprofitably endeauoured to free nature of two cloudes wherewith shee is often ouercast grosse ignorance and subtill errour But because naturall reason as Alciate affirmeth doth sometimes varie according to the capacitie of particulare men euen as the sunne beeing in it selfe alwaies the same giueth neither heate nor light to all alike the third rule followeth to obserue the common vse of all nations which Cicero calleth the voice of nature because as Aristotle hath written it is not done by chance which euery where is done Plato saith this shall be the proofe hereof that no man doth otherwise speake and likewise Baldus I dare not disalow that which the world alloweth And in this coÌ„mon lawe or custome of the world three circumstancies are to be considered antiquitie continuance and generalitie Now then your first position is so cleerelie true that you doe but guild gould in labouring to prooue it for man is not onely sociable by nature but as Aristotle affirmeth more sociable then any other liuing creature These notorious pointes the more we prooue the more we obscure Your second is also true for as Tullie saith Without empire neither house nor citty nor nation nor mankinde can stand nor the nature of all things nor in a word the world it selfe Whereto agreeth that of Aristotle gouernment is both necessary and also profitable But whereas you bring in proofe hereof that there was neuer people founde either in auncient time or of late discouerie which had not some magistrate to gouerne them neither is it necessarie and yet false It is not necessarie to haue so large a consent of nations as I haue declared before and it is false that in all times and nations there haue beene magistrates After the deluge magistrates were not knowne vntil kings did arise as hereafter it shall appeare The Iewes were often without either magistrates or gouernement Whereupon in certaine places of the booke of Iudges it is thus written In those dayes there was no king in Israell but what seemed right to euery man that did hee Sometimes Democraticall gouernement doth drawe to a pure anarchie and so doth the interregnum of electiue principalities Leo Aser reporteth that in Guzala a countrie of Africke the people haue neither king nor forme of gouernement but vpon dayes of mart they elect a captaine to secure their trafficke The same authour deliuereth that the inhabitantes of the mountaine Magnan vpon the frontiers of Fez haue noe forme of common wealth but doe stay trauailers vnpartiall iudges to decide their controuersies Leo himselfe was arrested to bee their iudge and when hee had spent many dayes in determining their debates hee was in the end presented with hennes ducks geese and other of their countrie commodities which serued onelie to discharge his host And if this your reason should bee of force then were not sociabilitie naturall because many men haue made choise
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
speake otherwise then you thinke There is no authoritie which the people hath in matters of state but it may bee either bound or streightned by three meanes The first is by cession or graunt for so the Romans by the law of royaltie yeelded all their authoritie in gouernment to the Prince Of this lawe Vlpian maketh mention and Bodin reporteth that it is yet extant in Rome grauen in stone So the people of Cyrene of Pergame and of Bithynia did submit themselues to the Empire of the Romanes So the Tartarians commit absolute power both ouer their liues and their liuings to euerie one of their Emperours so haue our people manie times coÌ„mitted to their king the authoritie of the parliament either generallie or els for some particular case For it is held as a rule that any man may relinquish the authoritie which he hath to his owne benefit fauour Neither is he againe at pleasure to be admitted to that which once hee did thinke fit to renounce And as a priuate man may altogether abaÌ„don his free estate and subiect himselfe to seruile condition so may a multitude passe away both their authoritie and their libertie by publike consent The second is by prescription and custome which is of strength in all parts of the world least matters should alwaies float in vncertaintie and controuersies remaine immortall And that this authoritie of the people may be excluded by prescription it is euident by this one reason which may be as one in a third place of Arithmeticke in standing for a hundred Euerie thing may be prescribed wherein prescription is not prohibited but there is no lawe which prohibiteth prescription in this case and therefore it followeth that it is permitted And generallie custome doth not only interpret law but correcteth it and supplieth where there is no lawe in somuch as the common lawe of England as well in publick as priuate controuersies is no other a fewe maximes excepted but the common custome of the Realme Baldus saith that custome doth lead succession in principalities which Martinus aduiseth to fixe in memorie because of the often change of Princes and the particular custome of euerie nation is at this day the most vsuall and assured law betweene the Prince and the people And this doe thâ— Emperours Honorius and Arcadius in these wordes coÌ„mand punctuallie to be obserued Mos namque retinendus est fidelissimae vetustatis the custome of faithful antiquitie must be retained which place is to this sense ballanced by Pau. Gastrensis Frane Aretinus and Phil. Corneus who termeth it a morall text The like whereto is found also in the Canon lawe and noted by the Glossographer Archidiaeonus Romanus and Cepola Neither were the Fathers of the Nicene councel of other opinion who thus decreed Let auncient customes stand in strength Whereto also agreeth that old verse of Ennius Moribus antiquis res stat Romana virisque Customes and men of oldest sort The Romane state do best support which is cited by Saint Austin and esteemed by Cicero both for breuitie and truth as an oracle To the same sense Periander of Corinth said that old lawes and new meates were fittest for vse which saying Phauorinus in Gellius did in this manner a little vary Liue after the passed manner speake after the present Hereto also pertaineth that edict of the censors mentioned by Suetonius Aul. Gellius Those things which are beside the custome and fashion of our Elders are neither pleasing nor to be adiudged right Of this point I shall haue occasion more particularlie hereafter to write The third meanes whereby the people may loose their authoritie is by way of conquest For howsoeuer Saint Augustine and after him Alciate doe disallowe ambition of enlarging Empire and tearme warres vpon this cause great theeueries Whereupon Lucane and his vncle Seneca called Alexander the Great a great robber of the world Yet there is no doubte but the sentence of victorie especiallie if the war was vndertakeÌ„ vpon good cause as the conqueror being made his own arbitrator wil hardlie acknowledge the contrarie is a iust title of acquisition reducing the vanquished their priuileges liberties and whole estate vnder the discretion of him that is victorious Caesar sayth He geueth all that denieth right which sentence is approoued by Couaruuias affirming that the victor maketh all which his sword touâ—heth to be his owne So sayth Baldus that he doth his pleasure vpon the vanquished and againe Caesar in the speech of Ariouistus it is the law of armes that the victorious should commaÌ„d those whom they haue subdued euen as they please Clemens Alexandrinus saith the goods of enemies are taken away by right of warre Isocrates hath written that the Lacedaemonians did by title of victorie in this sort maintaine their right We hold this land giuen by the posteritie of Hercules confirmed by the Oracle of Delphos the inhabitantes thereof being ouercome by warre Which was not much vnlike that which Iephte captaine of Israell expostulated with the Ammonites Are not those things thine which Chamos thy God hath possessed but whatsoeuer the Lord our God hath conquered pertaineth vnto vs. Yea God doth expressely giue to the people of Israel the cities which they should subdue some into ful possession others into seruitude subiection by which title Iacob also had giuen to Ioseph his partage among his brethreÌ„ euen the land which he had taken froÌ„ the Amorites with his sword and with his bow It was vsuall to the Romans and as Appian saith iust to retaine principall or direct dominion in al thinges which they brought vnder the sway of their sworde Brissonius hath collected certaine examples of the forme of yeelding vnto the Romans whereby al prophane sacred al humane and diuine matters were submitted vnto them Seeing therefore that the people may so many wayes loose both their power and their right in affaires of state is not your ignorance aduenturous so generallie to affirme that if no one forme of gouerment bee naturall there is no doubt but the people haue power both to alter and limit the same as they please Can no lawe no custome no conquest restraine them Your pen doth range and your iudgement rage beyond al compasse and course of reason You should haue said that there is no doubt but if by al or any of these meanes the right both of succession and gouernment be setled in one familie according to propinquitie and prioritie of bloud the people may neither take away nor varie the same and if they doe they commit iniustice they violate the law of nations whereby they expose themselues not onlie to the infamie and hate of al men but to the reuenge of those who wil attempt vppon them
write that certaine people were gouerned onlie by Princes of that sex But because this is a matter both of long discourse and not proper to our purpose I wil conteine my selfe within this obseruation That the exclusion of King Edward the third from the crowne of Fraunce vppon this pretence was the cause of the effusion of their brauest bloud and of the spoile wast and conquest of all that Realme I acknowedge that the English haue lost the possession of that conquest and that was by meanes of domestical warres for excluding the neerest in bloud from the crowne into which vnquiet quarrell you doe now endeuour againe to imbarke vs. Yet no man can assure that the miseries of Fraunce for this cause are at an end Rammes recoile to strike harder we are gone rather backe then away I will not presage but anie man may coniecture that our minds and our meanes will not alwaies want the fauour of time After all this you proceede a degree further that it is lawfull vpon iust considerations not only to put backe the next inheritour of the crowne but also to remoue him who is in full possession thereof And y◠is plaine you say not onely by the grounds before by you alleaged but also by example of the Romans Graecians because God hath commonlie concurred in such iudiciall actions of the state not onely in prospering them but in giuing them also some notable successour And yet you protest you are far from their opinion who vpon euerie mislike are readie to band against their Prince and that you esteem the tenure of a crown if once it be setled the most irregular whereto euery man is bound to settle his conscience without examination of title or interest but onely by the supreme law of Gods disposition who can dispence in what he listeth and that notwithstanding you are as farre from the abiect flatterie of Billaie and others who affirme that Princes are subiect to no law or limitation at al and that they succeed by nature and birth onely and not by admission of the people and that there is no authoritie vnder God to chasten them These you call absurd paradoxes and herewith you settle your self to shewe in the next Chapter what good successe hath insued the deposition of Princes Concerning your protestation wee may say vnto you as Isaac said to his sonne Iacob The voice is Iacobs voice but the hands are the hands of Esau You speake faire and therewith also well but the maine drift of your discourse is nothing else but a tempestuous doctrine of rebellion and disorder you being therein like the boatman who looketh one waie and pulleth another or rather like the image of Ianus which looked two contrarie waies at once It is a rule in lawe That a protestation contrarie to a mans act will not serue to relieue him onlie this shal serue to conuince you either of false or of forgetful dealing when we come to that place where in flat words you maintaine the contrarie Concerning the querele which you lay against Billaie as I haue not seene what he hath written so wil I not interpose betweene him and you I neuer heard of christian prince who challenged infinite authoritie without limitation of any law either natural or diuine But where you terme it an absurd paradoxe that the people should not haue power to chasten their Prince and vpon iust considerations to remoue him I am content to ioine with you vppon the issue And first I note the maner of your dealing in that you haue omitted to expresse what these iust considerations may be For seeing there hath bin no king who is not noted of some defects and againe no Tyrant who hath not manie commendable partes as Plutarch writeth that Dionysius excelled most princes in diuers pointes of iustice and vertue it is a matter of dangerous consequence to leaue these considerations vndetermined and at large But who seeth not that you do it out of pollicie that you may vpon euerie particular occasion declare such causes to be sufficient as you please How then doe you proue that vpon anie cause the people haue power to dispossesse their prince This is plaine you say not onlie by the groundes before by you alleaged but also by example of y◠Romans Graecians The grounds by you alleaged are two One in your first Chapter that because no one forme of gouernment is natural the people haue power both to choose and to change and to limit it as they please The other ground is in this Chapter that because there are diuers lawes and customes in matters of principalitie it sufficeth not to alleage bare propinquitie of bloud Why but had you no text of scripture no Father of the Church to alleage No lawe No reason No better example No surer grounde It is more then this which you bring against your selfe in citing out of Saint Peter The Lord knoweth to reserue the vniust vnto the daie of iudgement and especiallie them that despise gouernment and speake euill of those that are in dignitie And out of Saint Iude Likewise these dreamers despise gouernment and speake euill of them that are in authoritie Besides also you haue alleaged out of Saint Paule Let euerie soule be subiect vnto the higher power for there is no power but of God Whosoeuer therefore resisteth the power resisteth the ordinance of God and they that resist shall receiue to themselues iudgment And likewise out of S. Peter Submit your selues to euerie humane creature whether it be to the king or vnto gouernors for so is the will of God To which places we maie likewise ad that which S. Paule did write vnto Titus Put them in remembrance that they be obedient to the principalities powers And writing to Timothy he exhorteth vs also to praie for them that we may leade vnder them a peaceable life But perhaps you wil say that the Apostles did not meane this of wicked princes Trifler the Apostles spake generallie of al Saint Peter maketh expresse mention of euil Lords And what princes haue euer bin more either irreligious or tyrannical then Caligula Tiberius Nero the infamie of their ages vnder whose empire the Apostles did both liue and write Bellarmine the great master of controuersies perceiuing this to be vnanswerablie true did in another sort rather cut then vntie the knot affirming that at that time it was necessarie to admonish the Christians to performe obedience to their kings least the preaching of the Gospel might otherwise be hindred which is as if in direct tearmes he should haue saide Sir Kings whilest our heads were vnder your girdle we were content to curry fauour by preaching obediēce vnto the people but now we haue got the wind of you we must plainlie tel you that you hold your crownes at their curtesie and fauour and haue no power in effect but as lieutenants general I know you wil
butcherie of Henry late king of Fraunce an heroicall act and a gift of the holy Ghost Whence did he write of the king who now there raigneth If without armes he cannot be deposed let men take armes against him if by warre it cannot be accomplished let him bee murthered Whence did Ambrose Verade rector of the colledge of the Iesuits in Paris animate Barriers as he confessed to sheath his knife in the kings breast assuring him by the liuing God that he could not execute anie act more meritorious Whence did the commenter vpon the epitome of Confessions otherwise the seuenth booke of decretals commend all the Iesuits in these termes They set vpon tyrants they pull the cockle out of the Lords field It is a rule in nature that one contrarie is manifested by the other Let vs compare then your boisterous doctrine with that of the Apostles and ancient Fathers of the Church and we shall find that the one is like the rough spirit which hurled the heard of swine headlong into the sea the other like the stil soft spirit which talked with Elias Neither was the diuel euer able vntil in late declining times to possesse the hearts of Christians with these cursed opinions which doe euermore beget a world of murthers rapes ruines desolations For tel me what if the prince whom you perswade the people they haue power to depose be able to make maintaine his partie as K. Iohn and king Henry the third did against their Barons What if other princes whom it doth concerne as wel in honor to see the law of Nations obserued as also in policie to breake those proceedings which may form precedents against themselues do adioin to the side what if whilest the prince and the people are as was the frog and the mouse in the heate of their encounter some other potentate play the kite with them both as the Turke did with the Hungarians Is it not then a fine peece of policie which you doe plotte or is it not a grosse errour to raise these daungers and to leaue the defence to possibilities doubtfull Goe too Sirs goe too there is no christian country which hath not by your deuises ben wrapped in warres You haue set the empire on swim with bloud your fires in France are not ye extinguished in Polonia all those large countries extending from the north to the east you haue caused of late more battels to be fought then had ben in 500 yeers before Your practises haue heeretofore preuailed against vs of late yeers you haue busied your selues in no one thing more then how to set other christian princes on our necks stirring vp such store of enemies against vs as like the grashoppers of Egipt might fill our houses and couer our whole land and make more doubt of roome then of resistance Our owne people also you haue prouoked to vnnaturall attempts you haue exposed our country as a pray to them that will either inuade or betray it supposing belike that you play Christs part well when you may say as Christ did thinke not that I came to send peace I came not to send peace but a sword But when by the power prouideÌ„ce of God all these attempts haue rather shewen what good hearts you beare towards vs then done vs any great harme when in all these practises you haue missed the mark now you do take another â—ime now hauing no hope by extremitie of armes you indeuour to execute your mallice by giuing dangerous aduise Now you goe about to entangle vs with titles which is the greatest miserie that can â—all vpon a state You pretend faire shewes of libertie of power Sed timeo Danaos donâ— ferentes Wee cannot but suspect the courtesies of our enemies the power which you giue vs will pull vs downe the libertie whereof you speake will fetter vs in bondage When Themistocles came to the Persian court Artabâ—nus captaine of the guard knowing that hee would vse no ceremonie to their king kept him out of presence and said vnto him you Grecians esteeme vs barbarous for honouring our kings but we Persians esteeme it the greatest honour to vs that can be The like answere will we frame vnto you you Iesuits account it a bondage to be obedient vnto kings but wee Christians account it the greatest meanes for our continuance both free and safe To the third Chapter which is intitledOf the great reuerence and respect due to kings and yet how diuers of them haue ben lawfully chastised by their common wealthes for their misgouernment of the good prosperous successe that God commonly hath giuen to the same and much more to the putting back of an vnworthie pretender THat princes may bee chastised by their subiects your proofes are two one is drawen from certaine examples the other from the good successe and successors which vsuallie haue followed Surely it cannot be but that you stand in a strong conceite either of the authoritie of your woord or simplicitie of our iudgement otherwise you could not bee perswaded by these slender threds to draw any man to your opinion Of the force of examples I haue spoken before there is no villanie so vile which vvanteth example And yet most of the examples which you doe bring are either false or else impertinent For there haue beene diuers states wherein one hath borne the name title of king without power of Maiestie As the Romanes in the time of their consulate estate had alwaies a priest whom they entitled king whose office consisted in certaine ceremonies sacrifices which in former times could not be performed but by their kings Likewise the Lacedaemonians after Licurgus had formed their gouernment retained two kings who had no greater stroke in matters of state then a single voice as other Senators Such were in Caesars time many pettie kings of Gaule who as Ambiorix king of Leige confessed were subiect to their Nobilitie iusticeable by them Such are now the Emperours of Almaine because the puissance Maiestie of the empire pertaineth to the states who are sworne to the empire it selfe and not to the person of the Emperour Such are also the Dukes of Venice the soueraignetie of vvhich state is setled in the gentlemen In these and such like gouernments the Prince is not soueraigne but subiect to that part of the common wealth which retaineth the royaltie and maiestie of state whether it be the Nobilitie or common people and therefore your examples drawen from them is nothing to our purpose Concerning successe it cannot bee strange vnto you that by the secret yet iust iudgement of God diuers euill actions are carried with apparance of good successe The Prophet Dauid said that his treadings had almost slipt by seeing the wicked to flourish in prosperitie the prophet Ieremiah seemed also to stagger vpon this point it hath alwaies ben a dangerous stone in the way of the godly whereat manie
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
Iacob Iuda and Salomon And this libertie you hold to be the principall remedie for such inconueniences as do ensue of the course of succession as if the next in birth be vnable or pernicious to gouerne in which cases if he be not capable of directions and counsels you affirme that the remedie is to remoue him And so you make succession and election the one to be a preseruatiue to the other supposing that the difficulculties of both are taken away First if ordinarily succession taketh place then if vpon occasion we giue allowance to election For the prerogatiue of birth as also for the speciall choice which God hath often made of the yongest I will remit my selfe to that which I haue written before At once in those particular actions which God hath either done or by expresse Oracle commaunded contrarie to the generall lawes which he hath giuen vs as in the robberie of the Aegyptians the extirpation of the Amalekites the insurrection of Iehu and such like we are bound to the law and not to the example God hath giuen vs a naturall law to preferre the first borne he hath often made choice of the yongest because he commonly worketh greatest effects by meanes not onely weake but extraordinary as it appeareth by the birth of Isaak But that these speciall elections of God are not proposed for imitation to vs hereby it is euident because they haue bene for the most part without defect in the one or demerite in the other And especially in this example of Iacob and Esau Saint Paule sayth that it was not grounded vpon their workes but vppon the will and pleasure of God for before they had done good or euill before they were borne God sayd The eldest shall serue the youngest Which if we might imitate the priuiledge of birth were giuen in vaine For your deuice in ioyning election to succession whereby one of them should remedie the difficulties of the other it is a meere vtopicall conceipt what else shall I tearme it an imposture of state a dreame an illusion fit only to surprise the iudgement of the weake and ignorant multitude These toyes are alwaies hatched by the discoursiue sort of men rather then the actiue being matters more in imagination then in vse and herein two respects do principally oppose against you The first is for that in most nations of the world the people haue lost all power of election and succession is firmely setled in one discent as before I haue declared The second is for that more fierie factions are hereby kindled then where succession or election are meere without mixture For where one claimeth the Crowne by succession and another possesseth it by title of election there not a disunion onely of the people not a diuision in armes but a cruel throat-cutting a most immortall and mercilesse butcherie doth vsually ensue It is somwhat inconuenient I grant to be gouerned by a Prince either impotent or euill but it is a greater inconuenience by making a breach into this high point of state to open a way to all manner of ambitions periuries cruelties and spoile whereto the nature of the common-people would giue a great furtherance who being weake in wisedome violent in will soone wearie of quiet alwaies desirous of chaunge and most especially in matters of state are easily made seruiceable to any mans aspiring desires This I haue manifested before by the examples of king Edward and king Richard both surnamed the Second who were not insupportable either in nature or in rule yet the people more vpon wantonnes then for any want did take an vnbridled course against them And thus is your high pollicie nothing else but a deepe deceipt thus whilest you striue with the wings of your wit to mount aboue the cloudes of other mens conceipt you sinke into a sea of absurdities and errors After this you determine two questions the first is What respect is to be attributed to propinquitie of bloud onely Whereto you answer that it is the principall circumstance which leadeth vs to the next succession of the Crowne if other circumstances and conditions doe concurre which were appointed at the same time when the lawe of succession was established Assuredly you can neuer shewe either when or by whome this lawe of succession was first instituted except perhappes by some Nimrod when hee had brought the necke of a people vnder his sword at which time what conditions hee would set downe to bee required from his successour any ordinarie iudgement may coniecture at ease Well since you set vs to seeke for proofe of this to that which you haue written before I will also send you backe to the same place for your answer The second question is What interest a Prince hath to his kingdome before he be crowned This you resolue by certaine comparisons and first you write that it is the same which the Germaine Emperour hath before his coronation But that is so large that some Emperours haue neuer bene crowned others haue deferred it for many yeares among which Crantzius writeth that Otho the first receiued the Crowne of the Empire in the eight and twentieth yeare of his raigne And yet is not this comparison full to the question propounded because in electiue states there is not held one perpetuall continuance of royaltie as is in those that are successiue And Panormitane saith That an argument a similibus is not good if any difference can bee assigned Much more vnfitly doe you affirme that it is no greater then a Maior of London hath in his office before hee hath taken his oath for it is odiously absurd to compare the authoritie of an absolute Prince by succession to the authoritie of an Officer both electiue and also subiect But it is the example of mariage you say whereby this matter is made more plaine for as in this contract there is an espousall by promise of a future act and a perfect mariage by yeelding present consent the first is when both parties doe mutually promise that they will the second that they do take one the other for husband and wife so an heire apparant by propinquitie of bloud is espoused onely to the Commonwealth and maried afterward at his coronation by oathes of either partie and by putting on the ring and other wedding garments But how were Kings maried in former ages how are they now maried in those countries where they haue neither ring nor wedding garment nor also any oath What is euery office and degree which is taken with ceremonie to be esteemed likewise a mariage Or if you will haue coronation onely to bee a mariage what else can it resemble but the publike celebration of matrimonie betweene man and woman which addeth nothing to the substance of contract but onely manifesteth it to the world These pitifull proofes naked of authoritie emptie of sence deserue rather to be excused then answered I will helpe therefore in some
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
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
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
For it is not onlie lawfull but honourable for any people either to right or reuenge the breach of this lawe against them which contemne it as monsters against them who knowe it not as beasts Saint Augustine saith If a Citie vppon earth should decree some great mischiefes to be done by the decree of mankind it is to be destroied And as in the state of one countrey any man may accuse vpon a publicke crime so in the state of the world any people may prosecute a common offence for as there is a ciuill band among all the people of one nation so is there a natural knot among al men in the world You close your conclusion with this conceit that the word naturall Prince or naturall successor is to be vnderstood of one who is borne within the same Realme and that it is ridiculous to take it as though anie prince had natural interest to succeed But what construction wil you then make of that which Herodian deliuereth in the speech of Commodus the sonne of Marcus Now hath fortune giuen me vnto you for prince in his stead not drawen into the state such as they were who were before me nor as one that glorieth in the purchase of the Empire for I onlie am borne vnto you and brought vp in the court neuer swathed in priuate cloathes but so soone as I was borne the imperiall purpure did receiue me and the sun beheld me at once both a man and a prince Consider these things and honour your prince by right who is not giuen but borne vnto you Girard goeth further in writing of Charles the Simple that he was king before he was born Say therefore againe that it is ridiculous to take the word natural prince for one that hath right of succession inherent in him by birth and I wil say that this mirth wil better beseeine a natural indeede then any man that is wise But let vs now consider the further passage of your discourse both how you are able to fortifie this foundation and what building it is able to beare TO THE SECOND CHAPTER which is intituled Of the particular forme of Monarchies and kingdomes and the different lawes whereby they are to bee obtained holden and gouerned in diuers countries according as each common wealth hath chosen and established IN this chapter you spend much speech in praising a monarchie and preferring it before the gouernment of manie which you doe to no other end but to insinuate your selfe either into credit or aduantage to drawe it downe euen as Ioab presented Amasa with a kind kisse to winne thereby opportunitie to stab him For in the end you fetch about that because a Prince is subiect as other men not onely to errours in iudgement but also to passionate affections in his will it was necessarie that as the common wealth hath giuen that great power vnto him so it should assigne him helpes for managing the same And that a Prince receiueth his authoritie from the people you proue a little before for that Saint Peter tearmeth kings Humane creatures which you interpret to bee a thing created by man because by mans free choise both this forme of gouernment is erected and the same also laide vpon some particular person I know not in what sort to deale with you concerning this interpretation Shall I labour to impugne it by arguments Why there is no man that wanteth not either iudgement or sinceritie but vpon both the naturall and vsuall sense of the words hee will presently acknowledge it to bee false Shall I go about either to laugh or to raile you from your errour as Cicero in the like case perswaded to doe But this would bee agreeable neither to the stayednesse of our yeeres nor the grauitie of our professions I am now aduised what to doe I will appeale as Machetes did before Philip of Macedon from your selfe asleepe to your selfe awake from your selfe distempered by affection to your selfe returned to sobrietie of sense Do you thinke then in true earnest that a humane creature is a thing created by man or rather that euery man is a humane creature Is a brutish creature to be taken for a thing created by a beast Spirituall Angelicall or anie other adiunct vnto creature what reference hath it to the Authour of creation And if it were so then should al creatures be called diuine because they were created by God to whom onely it is proper to create and in this verie point Saint Paul saith that all authoritie is the ordinance and institution of God Neither needeth it to trouble vs that Saint Peter should so generally inioine vs to be obedient to all men no more then it troubled the Apostles when Christ commanded them to preach to all creatures according to which commission Saint Paul did testifie that the Gospell had beene preached to euerie creature vnder heauen but Saint Peter doth specifie his generall speech and restraine his meaning to kings and gouernours in which sense Saint Ambrose citeth this place as it followeth Bee subiect to your Lords vvhether it bee to the king as to the most excellent c. This interpretatiō not only not relieuing you but discouering very plainly either the weaknesse or corruption of your iudgement it resteth vpon your bare word that kings haue receiued their first authoritie from the people which although I could denie with as great both countenance facilitie as you affirme yet will I further charge vpon you with strength of proofe Presently after the inundation of the world we find no mention of politike gouernement but onely of oeconomical according as men were sorted in families for so Moses hath written that of the progenie of Iapheth the Iles of the Gentiles were deuided after their families The first who established gouernment ouer manie families was Nimrod the sonne of Cush accounted by Saint Chrysostome the first King which authoritie hee did not obtaine by fauour and election of anie people but by plaine purchase of his power Heereupon Moses calleth him a mightie Hunter which is a forme of speech among the Hebrues whereby they signifie a spoiler or oppresser And this doth also appeare by the etymologie of his name for Nimrod signifieth a rebell a transgressour and as some interpret it a terrible Lord and names were not imposed in auncient times by chance or at aduenture as Plato one of natures chiefe secretaries and among the Latin writers Aul. Gellius doe affirme Many hold opiniō that this Nimrod was the same whom the Grecians cal Ninus which seemeth to be confirmed by that which Moses saith that hee did build the Citie of Niniue Of this Ninus Iustine writeth that he was the first who held that which hee did subdue others satisfied with victorie aspired not to beare rule Nimrod foūded the empire of the Assyrians which continued by succession in his posterity