alleadged that diverse of our English Kings have come out of France as William Corquerour borne in Normands King Steven soune to the Earl of Blois and Bolen a French man and King Henry the Second born likewise in France and sonne to the Earl of Aâ—iou but also for that in very deede the thing it selfe is all one in both Nations and albeit I have not seen any particuler Book of this action in England as in French there is yet it is easie to gather by stories What is used in England about this affaire For first of all that the Arch-Bishop of Caâ—terbury did ordinarily doe this ceremony in England as the Arch-Bishop of Rhemes doth it in France there is no doubt and with the same solemnity and honour according to the condition and state of our Countrey and Polidor Virgill in his story Polid. ib. 13 Hist Angile in vita Henrici noteth that Pope Alexander did interdict and suspend the Arch-Bishop of Yorke with his two assistants the Bishops of London and Salisbury for that in the absence of Thomas Becket Arch-Bishop of Canterbury and without his licence they did Crown King Henry the seconds sonne named also Henry at his Fathers perswasion and divers do attribute the unfortunate successe of the said King Henry the younger that rebelled against his Father to this disorderly and violent coronation by his Fathers appointment Secondly that the first thing which the said Arch-Bishop requireth at the new Kings hands at his Coronation is about religion Church matters and the Clergie as in France we have seen it appeareth evedently by these words which the same Arch-Bishop Thomas surnamed commonly the martyr remaining in banishment wrote to the same King Henry the Second which are these Memores sitis confessionis quam fecitis posuistis super altare apud Westmonasteriam de servanda Ecclesiae liberiate quando consecrati fuistis uncti in regem a pradecessore nostro Thebaldo Invita D. Thom. Cantuar. apud surium in mense Decembris Which is do you call to your remembrance the confession which you made and laid upon the Alter at Westminster for keeping and defending the liberty of the Church when you were consecrated and Anointed King by Thebaldus our predecessour By which words appeareth that as the King of England was consecrated and anointed in those dayes by the Arch-Bishop of Canterbury so did he sweare and give up his Oath also in writing and for more solemnity and obligation laid it down or rather offered it up with his owne hands upon the Alter so much as was required of him by the said Arch-Bishop and Clergie for the speciall safety of Religion and these Ecclesiasticall liberties which is the selfe same point that we have seene before as well in the Oath of the Kings of France as also of Polonia and Spaine and of the Emperours both Grecian and German The very like admonition in effect I finde made by another Thomas Arch-Bishop of Canterbury to another King Henry to wit by Thomas Aâ—undell to King Henry the fourth when in a Parliament holden at Coventry in the Yeare 1404. the King was tempted by certain temporall men to take away the temporalities from the Clergie whereunto when the said Arch-Bishop Thomas had answered by divers reasons at last turning to the King â—e besought him saith Stow in vita Henrici 4. to remember the Oath which he voluntarily made that he would honour and defend the Church and ministers thereof Whereof 〈◊〉 desired him to permit and suffer the Church to enjoy the priviledges and 〈…〉 of his prodecessours it did enjoy and to fear that King which reigâ—eth 〈…〉 by whom all other Kings do reigne moreover he desired him to consider his promise also to all the realm which was that he would preserve unto every man their wright and title so far as in him lay By which speech of the Arch-Bishop the King was so far moved as he would heare no more of that bil of the laytie but said that he would leave the Church in as good estate or better then he found it and so he did but yet hereby we come to learne what Oath the Kings of England do make at their Coronations touching the Church and Clergie The other conditions also of good government are partly touched in the speech of the Arch-Bishop Holinosh in his Cro. Page 476. and 1005. and much more expresly set down in the King of Englands Oath recorded by ancient writers for that he sweareth as both Holinshead and others do testifie in their English stories in these very words to wit That he will during his life beare reverence and honour unto almightie God and to his Caâ—holique Church and unto his Ministers and that he will administer law and justice equall to all and take away all unjust Lawes Which after he had sworne laying his handes upon the Gospells then doth the Arch-Bishop turning about to the people declare what the King hath promised and sworne and by the mouth of a harrald at armes asketh their consents whether they be content to submit themselves unto this man as unto their King or no under the conditions proposed whereunto when they have yealded themselves then begineth the Arch-bishop to put upon him the regall Ornaments as the sword the ring the scepter Crown as before in the French Coronation you have heard and namely he giveth him the Scepter of Edward the Confessor and then he adeth also the same words of Commission and exortation as the other doth to wit stand and hold thy place and keepe thy Oath and thereunto adjoyneth a great communication or treat on the behalf of Almighty God if he should take upon him that dignity without firm purpose to observe the things which this day he hath sworn and this is the summe of the English Coronation which you may read also by piece meale in Iohn Stow. Stow in vita Richardi 2 in fine according as other things in that his brief collection are set down but especially you shall se it in the admissions as well of the said King Henry the 4 now last mentioned as also of K. Edward the fourth at their first entrances to the Crown for in the admission of K. Henry Stow sheweth how the people were demanded thrice whether they were content to admit him for their King and that the Arch-Bishop of Canturbury who was the same Thomas Arundell of whom we speak before did read unto them what this new King was bound by Oath unto and then he took the Ring wherewith he was to wed him to the Common-wealth which wedding importeth as you know an Oath and mutuall obligation on both sides in every marriage and the Earle of Northumberland high Constable of England for that day was willing to shew the said Ring to the people that they might thereby se the band whereby the King was bound unto them And then it was put upon his finger and the King kissed the Constable in signe of
Authority they have great limitation neither can they do any thing of great moment without the consent of certain principal men called Palatines or Castellians neither may their children or next of Bloud succeed except they be chosen as in the Empire Herbert l. 9. Hist Pol. Cromerus l. 3. Hist Polon In Spain France and England the priviledges of Kings are farre more eminent in both these points for that both their Authority is much more absolute and their next in Bloud do ordinarily succeed but yet in different manner for as touching authority it seemeth that the Kings of Spain and France have greater than the King of England for that every ordination of these two Kings is Law in it selfe without further approbation of the Common-wealth which holdeth not in England where no general Law can be made without consent of Parliament but in the other point of Succession it appeareth that the restraint is farre greater in those other two Countries than in England for that in Spain the next in Bloud cannot succeed be he never so lawfully descended but by a new approbation of the Nobility and States of the Realme as it is expresly set down in the two ancient Councels of Tolledo the fourth and fifth Concil blet 4. c. 74. coneil s c. 3. In confirmation whereof we see at this day that the King of Spain's own son cannot succeed nor be called Prince except he be first sworne by the said Nobility and States in token of their new consent and so we have seen it practised in our dayes towards three or four of king Philips children which have succeeded the one after the other in the Title of Princes of Spain and at every change a new Oath required at the Subjects hands for their admission to the said Dignity which is not used in the Kings children of France or England In France the World knoweth how Women are not admitted to succeed in the Crown be they never so near in Bloud neither any of their Issue though it be Male for which cause I doubt not but you remember how King Edward the third of England though he were son and heir unto a daughter of France whose three brethren were kings and left her sole heir to her father king Philip the fourth sirnamed the Fair yet was he put by the Crown Anne 1340. Anil hist Franc. l. 2. Gerard. du Haylan l. 14. hist Franc. as also was the king of Navar at the same time who was son and heir unto this womans eldest brothers daughter named Lewis Huttin king of France which king of Navâ—r thereby seemed also to be before king Edward of England but yet were they both put by it and Philip de Vallois a brothers son of Philip the fair was preferred to it by general decree of the States of France and by verdict of the whole Parliament of Paris gathered about the same affaires Franc. Belfor l. 5. c. 1. Anno 1327. Neither did it avail that the two kings aforesaid alleadged that it was against reason and conscience and custome of all Nations to exclude women from the Succession of the Crown which appertained unto them by propinquity of Bloud seeing both Nature and God hath made them capable of such Succession every where as it appeareth by example of all other Nations and in the old Testament among the people of God it selfe where we see Women have been admitted unto kingdomes by succession but all this I say prevailed not with the French as it did not also since for the admission of Dona Isabella Eugenia Clara Infanta of Spain unto the said Crown of France though by dissent of Bloud there be no question of her next propinquity for that she was the eldest childe of the king's eldest sister The like exclusion was then made against the prince of Lorain though he was a man and nephew to the king for that his Title was by a Woman to wit his mother that was younger sister unto king Henry of France And albeit the Law called Salica by the French-men by vertue whereof they pretend to exclude the Succession of Women be no very ancient Law as the French themselves do confesse and much lesse made by Pharamond their first king or in those ancient times as others without ground do affirme Gerard. du Hail l. 13. hist Fraâ—c Anno 1317. l. 14. Anno 1328 l. 3. de l'Estat defrunce Yet do we see that it is sufficient to binde all Princes and Subjects of that Realme to observe the same and to alter the course of natural Discent and nearnesse of Bloud as we have seen and that the king of Navar and some others of his race by vertue of this onely Law did pretend to be next in Succession to this goodly Crown though in nearnesse of Bloud they were farther off by many degrees from king Henry the third than either the foresaid Infanta of Spain or the prince of Lorain who were children of his own sisters which point yet in England were great disorder and would not be suffered for that our Lawes are otherwise and who made these Lawes but the Common-wealth it selfe By all which we see that divers Kingdomes have divers lawes and customes in the matter of succession and that it is not enough for a man to alleage bare propinquity of blood thereby to prevaile for that he may be excluded or put back by divers other circumstances for sundry other reasons which afterward we shall discusse Yea not onely in this point hath the common-wealth authority to put back the next inheritors upon lawfull considerations but also to dispossesse them that have bin lawfully put in possession if they fulfill not the lawes and conditions by which and for which their dignitie was given them Which point as it cannot serve for wicked men to be troublesome unto their Governours for their own interests or appetites so yet when it is done upon just and urgent causes and by publique authority of the whole body the justice thereof is playne not onely by the grounds and reasons before alleaged but also by those examples of the Romans and Grecians already mentioned who lawfully deposed their Kings upon just considerations and changed also their Monarchie and Kingly Government into other forme of regiment And it might be proved also by examples of all other nations and this perhaps with a circumstance which every man considereth not to wit That God hath wonderfully concurred for the most part with such juditiall acts of the common-Wealth against their evill Princes not onely in prospering the same but by giving them also commonly some notable successor in place of the deposed thereby hath to justify the fact and to remedy the fault of him that went before I am far from the opinion of those people of our dayes or of old who make so little account of their duty towards Princes as be their title what it will yet for every mislike of their owne they are ready to band
Saul though he were elected by God to that royal Thron yet was he slain by the Philistims by God's order as it was foretold him for his disobedience and not fulfilling the law and limits prescribed unto him Amon was lawfull King also and that by natural discent and succession for he was son and heir to king Manasses whom he succeeded and yet was he slain by his own people Quia non ambulavit in via Domini for that he walked not in the way prescribed unto him by God and unto these two kings so deprived God gave two Successours as I have named the like whereof are not to be found in the whole ranke of kings for a thousand yeares together for of Josias it is written Fecit quod crat rectum in conspectu Domini non declinavit neque ad dextram neque ad sinistram 2. Paralip 34. 5. He did that which was right in the sight of God neither did he decline unto the right hand nor the left he reigned 31 yeares 2. Paralip 35. And Jeremias the prophet that lived in his time loved so extremely this good king as he never ceased afterwards to lament his death as the Scripture saith 2 Chron. 34. 35. Chapters As for king David it shall not be needfull to say any thing how excellent a king he was for as many learned men do note he was a most perfect paterne for al kings that should follow in the World not as king Cyrus whom Xenophon did paint out more according to his own imagination of a perfect king that he wished then to the truth of the story but rather as one that passed farre in acts that which is written of him and this not onely in matters of religion piety and devotion but also of chivalry valour wisedom and policy neither is it true which Nicholas Maehiavel the Florentine N. Mach. l. 2. c. 2. in Tit. Liv. And some others of his new unchristian school do affirme for defacing of Christian vertue That religion and piety are le ts oftentimes to politique and wise Government and do break or weaken the high spirits of magnanimous men to take in hand great enterprises for the Common-wealth Aug. lâ—de Gran. This I say is extreme false for that as Divines are wont to say and it is most true Grace doth not destroy or corrupt but perfect Nature so so as he which by Nature is valiant wise liberal or politique shall be the more if also he be pious and religious which we see evidently in king David who notwithstanding all his piety yet omitted he nothing appertaining to the state and government of a noble wise and politique Prince for first of al he began with reformation of his own Court and Realm in matter of good lif and service of God wherein he used the counsel and direction of God and of Nathan the Prophet as also of Abiathar and Hiram the chief Priests and of Heman his wise Councellour 1. Par. 15. He reduced the whole Clergy into 24. degrees appointing 4000. Singers with divers sorts of musical instruments under Asaph Heman and other principal men that should be Heads of the Quire psal 22. 25. He appointed all Officers needfull both for his Court and also the Common-wealth with the Armes of the Crown which was a Lion in remembrance of the Lion which he had slain with his own hands when he was a childe he ordained a mynt with a peculiar forme of money to be stamped took order for distributing relief unto the poor and other like acts of a prudent and pious Prince After all this he turned himselfe to his old exercise of Warres to which he was given from his child hood being wonderfull valiant of his own person as appeareth by the Lion and Bear that he slew with his own hands and the courage wherewith he took upon him the combat with Goliah and as he had shewed himselfe a great Warriour and renowned Captain many yeares in the service of Saul against the Philistims and had gained many noble victories so much more did he after he was king himselfe for that he conquered not onely the philistims but also the Amorites Idumeans Moabites with the kings and people of Damasco and all Syria even unto the River Euphates and left all these Countries peaceable to his Successour 2 Reg. 8. and in three or four Battailes wherein David himselfe was present within the space of two or three yeares almost a hundred thousand Horse and Foot slain by him 8. paral 18. and that himselfe flew in his dayes eight hundred with his own hands 2 reg 13. Joseph l. 7. antiqu c. 10. and that he made by his example thirty and seven such Captaines as each one of them was able to lead and governe a whole Army and yet among all these expences of Warres had he care to lay up so much money and treasure as was sufficient for the building of that huge and wonderfull Temple after him which hee recommended to his son Salomon and amidst all this valour and courage of so warlike a King and Captaine had he so much humility as to humble himselfe to Nathan the Prophet when he came to rebuke him for his fault and so much patience and charity as to pardon Semci that reviled him and threw stones at him in the high way as he went and among so many and continuall businesses both Martiall and Civill and great affaires of the Commonwealth he had time to write so many Psalmes as we see and to sing prayses seven times a day to Almighty God and to feel that devotion at his death which we read of and finally he so lived and so dyed as never Prince I thinke before him nor perhaps after him so joyned together both valour and vertue courage and humility wisdome and piety government and devotion nobility and religion Wherefore though I have been somewhat longer then I would in this example yet hath it not been from the purpose to note somewhat in particular what two worthy Kings were put up by God in place of two other by him deprived and deposed And now if we will leave the Hebrews and returne to the 〈◊〉 of whom we spake before we shall finde divers things notable in that state also to the purpose we have in hand For before Romulus their first King having by little and little declined into tyranny 〈◊〉 thine and cut in peeces by the Senate 〈◊〉 1. which at that time contained an hundred in number and in his place was chosen Numa Pompilius the notablest King that ever they had whâ— prescribed all their order of Religion and manner of sacrifices imitating therein and in divers other points the rites and ceremonies of the Jewes as Terâ—ulâ— and other Fathers does note 〈…〉 contrahaeres Iustin Martyr apolog Hee began also the building of their Capitol added the two months of January and February to the yeare and did other such notable things for that Commonwealth Againe when Tarquiâ—ius
unto this King Sissinandus Ambros Maral l. 11. cap. 17. and speaketh infinite good in the same of the vertues of King Suintila that was now deposed and condemned in this said Councel whereby it is to be presumed that he had changed much his life afterward became so wicked a man as here is reported After this the Councel confirmeth the Title of Sissinandus and maketh decrees for the defence thereof but yet insinuateth what points he was bound unto and whereunto he had sworn when they said unto him To quoque pâ—â—aesentem 〈◊〉 Ac juturos aelatum sequentium principes c. We do require you that are our present King and all other our Princes that shall follow hereafter with the humility which is convenient that you be meeke and moderate towards your Subjects and that you govern your people in justice and piety and that none of you do give sentence alone against any man in cause of life and death but with the consent of your publike Councell and with those that be Governours in matters of judgement And against all Kings that are to come we do promulgate this sentence that if any of them shall against the reverâ—nce of our Lawes exercise cruel authority with proud domination and Kingly Pompe only following their own concupiscence in wickednes that they are condemned by Christ with the sentence of excommunication and have their separation both from him and us to everlasting judgement But in the next two yeares after the end of this Councel King Sissinandus being now dead and one Chintilla made King in his place there were other two Councels gathered in Toledâ— the first whereof was but Provinciall and the second Nationall and they are named by the names of the fifth and sixt Councels of Toledo Ambros Moral l. 11. cap. 23. 24. In the which Councells according to the manner of the Gothes who being once converted from the Arrian haereâ—ie were very catholick and devout ever after and governed themselves most by their Clergy and not only matters of Religion were handled but also of State and of the Common Wealth Concil 5. cap. 2 3 4. 5. conc 6. cap. 16. 17 18. especially about the succession to the Crown safety of the Prince provision for his Children friends Officers and favorites after his death and against such as without election or approbation of the Common-Wealth did aspire to the same all these points I say were determined in these Councels and among other points a very sâ—vere decreâ— was made in the sixt Councel concâ—rning the Kings Oath at his admission in these words Consonan une corde ore promulgamus Deo placituram sententiam Coucil Td. 6. c. 3. We do promulgate with one heart and mouth this sentence agreeable and pleasing unto God and do decree the same with the consent and deliberation of the Nobles and Peeres of this Realme that whosoever in time to come shall be advanced to the honor and preferment of this Kingdom he shall not be placed in the Royall Seat untill among other conditions he hath promised by the Sacrament of an Oath that he will suffer no man to break the Catholick Faith c. By which words especially among other conditions is made evident that those Princes sweare not only to keepe the Faith but also such other conditions of good Government as were touched before in the fourth Councel and these things were determined while their King Chintillâ— was present in Tolledo as Ambrosio Morales â—oteth Ambros Moral lib. 1. cap. 23. The distruction of Spayne Before the entrance of the Moores and before the dividing thereof into many Kingdoms which happened about â— hundreth yeares after this to wit in the year of our Saviour 713. and 714. But after the Moores had gayned all Spayne and divided it between them into divers Kingdoms Ambros Moral li. 13. c. 1. 2 de la Chron. de Espâ— yet God provided that within foure or five yeares the Christians that were left and fled to the Mountaines of Asturias Biscay found a certain young Prince named Don Pelayo of the ancient blood of the Gotish Kings who was also fled thither and miraculously saved from the enemies whom they chose straight wayes to be their King and he began presently the recovery of Spayne and was called first King of Asturias and afterward of Leon and after his successors got to be Kings also of Castilia and then of Toledo and then of Aragon Barcelona Valentia Murcia Cartagena 〈◊〉 Cortuba Granado Siuil Portugall and Nauarra all which were different Kingdoms at that time so made by the Moores And all these Kingdoms were gained againe by little and little in more then 700. yeares space which were lost in lesse then two years and they never came again indeed into one Monarchy as they were under Don Rodâ—igo their last King that lost the whole untill the yeare of our Lord 158â— when Don Philippe King of Spayne re-united again unto that Crown the Kingdom of Portugall which was the last peece that remayned seperated and this was almost 900. yeares after Spayne was first lost But now to our purpose the Chronicler of Spain named Ambrosio Morales doth record in his Chronicle a certain Law written in the Gotish-tongue left since the time of this Don Pelayâ— the first King after the universal distruction of Spain the title of the Law is this Como se an delevantar Reyen Espùa y como el ha de lurar los fueros Ambros Moral l. 13. c. 2. that is to say how men must make their King in Spain and now he must swear to the priviledges and liberties of that Nation then he putteth the Articles of the Law whereof the first saith thus before all things it is establishâ—d for a law liberty and priviledge of Spayne that the King is to be placed by voices and consent perpetually and this to the intent that no evill King may enter without consent of the people seeing they are to give to him that which with their blood and labours they have gained of the Moores Lucas Episcop Tuyens in histor Hispan Loudou de molin lib. de hered Thus far goeth this first article which is the more to be marked for that divers and those most ancient Spanish Authors do say that from this Don Pelayo the succession of Kings descended ever by propinquity of blood and yet we see that election was ioyned there withall in expresse termes The second part of the law containeth the manner of ceremonies used in those old dayes at the admission of their Kings which is expressed in these words let the King be chosen aud admitted in the Metropolitan City of this Kingdome or at least wise in some Cathedrall Church and the night before he is exalted let him watch all night in the Church and the next day let him here masse let him offer at Masse a peece of Scarlet and some of his own money and after let him communicate
and when they come to lift him up let him step upon a buckler or target and let the cheife and principall men there present hold the Target so lifting him up let them the people cry three times as hard as they can Real Real Real Then let the King command some of his own money to be cast among the people to the quantitie of the hundrâ—d shillings and to the end be may give all men to understand that no man now is above him let himselfe tye on his own Sword in the form of a crosse and let no Knight or other man beare a Sword that day but only the King This was the ould fashion of making Kings in Spain which in effect and substance remaineth still though the manner thereof be somewhat altered for that the Spanish Kings be not Crowned but have an other ceremony for their admission equall to coronation which is performed by the Arch-Bishop of Toled primat of all Spain as the other Coronations before mentioned are by the Arch-Bishop of Moguntia to the Emperour and by the Arch-Bishop of Guesna to the King of Polonia and by the Arch-Bishop Praga to the King of Bohemia and by the Arch-Bishop of Praga to the King of Portuga as was by the Arch-Bishop of Canterbury to the King of England and by the Arch-Bishop Rhemes to the King of Fraunce of which Realme of France we may not omit to say somewhat in particular seeing it is so goodly a Kingdome and so neere to England not only in Cituation but also in Lawes manners and customes and as the race of English Kings have come from them in diverse manners since the conquest so may it be also supposed that the principall ceremonies and circumstances of this action of Coronation hath beene received in like manner from them First then touching the act of Cornation and admission of the King of France even as before I have said of Spayne so also in this Kingdom do I find two manners of that action the one more ancient which the French doe say hath indured in substance from their first Christian King named Clodoueus unto this day which is nigh Twelve hundred yeares for that Clodouius was Christened the yeare of our Lord 490. in the City of Rhems by Remigius Bishop of that City and annointed also and Crowned King by the same Bishop which manner and order of anoynting and Coronation endured after for about six hundred yeares unto the time of Henry the first and King Phillip the first his sonne both Kings of France At what time which is about 500. yeares a gone both the Chroniclers and Cosmographers of France do testifie that there was a peculier booke in the library of the Church of Beuais conteining the particuler order of this action Belfor l. 3. c. 20. Thevet cosmograph univers l. 15. c. 2. Papir masson annal l 3. pag 2. 15. which had endured from Clodoâ—eus unto that time Which order for so much as toucheth the solemnite of officers in the Coronation and other like circumstances was far different at that time from that which is now for that in those dayes there were no Peers of France appointed to assist the same Coronation which now are the chiefe and the greatest part of that Solemnitie Yea Girard du Hailan Secretarie of France in his third booke of the affaires and state of that Kingdom sayth that the ceremonies of Crowning their ould Kings were much after the fashon which I noted a little before out of the law of Dan Pelayâ— first King of Spaine after the Moores for that they were lifted up and carried about upon a Target by the chiefe subjects there present as the Spaniards were But as touching the principal point of that action which is the substance of admitting the King unto his Royal authority and oath by him made oâ— Governing well and justly and of the reciprocall oath of obedience made to him againe by his subjects it was not much different from that which now is as shall appeare by the Coronation of the foresaid Phillip the first who was crowned in the life and presence of his Father King Henry after the fashion then used in the yeare of Christ 1059. and it was in manner following as Nangis and Tillet both authours of great authoritie among the French do recount it and Francies Belforest out of them both repeateth the same at large in these words following Francis Belfor hist Fran. lib. 3. c 20. in vita Philip 1. King Henry the first of this name seeing himselfe very ould and feeble made an Assembly of all the states of France in the City of Paris in the yeare of Christ 1059. where bringing in his young sonne and heire Philâ—p that was but 9. yeares of age before them all he said as followeth The speach of the Father Hetherto my deare freinds and subjects I have bin the head of your Nobility and men at armes but now by mine age and disposition of body I doe well-perceive that ere it be long I must be seperated from youâ— and therefore I dâ—sire you that if ever you have loved me you shew it now in giving your consent and approbation that this my sonne may be admitted for your King and apparaled with the Royall ornaments of this Crowne of France and that you will sweare fealtie unto him and do him homage Thus said the King and then having asked every one of the assistance in particuler for his consent apart and afterwards the whole assembly ingenerall whether they would swear obedience to him or no and finding all to promise with a good will he passed over the feast of the assention with great ioy in Paris and after went to Rhemes with all the Court and Tryan to celebrate the Coronation upon the feast of Whitsunday Thus far are the words of William de Nangis alleadged in the story of France by Balforest and it is to be noted first how the King did râ—quest the nobility and people to admit his sonne and secondly how â—e did aske there consents a part for that these two points do evedently confirm that which I said at the begining that only succession is not sufficient but that Coronation ever requireth a new consent which also includeth a certain election or new approbation of the Subjects This is proved also most manifestly by the very order of Coronation which ensueth in Belforest taken word for word out of Tillet in his Treatise of Recordes in the Chapter of â—nnointing the Kings of France in these words In the yeare of grace 1059. and 32. of the Reign of King Henry the first of this name of France and in the 4â— yeare of the seat and Bishoprick of Geruays Arch-Bishop of Rhemes and in the 23 day of May being Whitsunday King Philip the first was anointed by the said Arch-Bishop Geruays in the great Church of Rhemes before the Alter of our Lady with the order and ceremony that ensueth The Masse being bâ—gun when it
that her Mother Lady Elenor was their sister daughter to K. Henry the 2. and K. Iohn made this mariage therby to make peace with the French was content to give for her dowry for that he could not tell how to recover them again all those Townes Countries which the said K. Phil. had taken upon the English by this Kings evill Government in Normandy Gascoyn and moreover promise was made that if P. Henry of Spain that was the only brother to the said Lady Blanch should dye without issue as after he did then this Lady should succeed in the Crown of Spain also but yet afterward the State of Spain would not perform this but rather admitted her younger sister Dona Berenguela maryed to the Prince of Leon and excluded both Blanch her son the King S Luis of France against the evident right of succession propinquity of bloud the only reason they yeelded hereof was not to admit strangers to the Crown as Garabay testifieth This hapned then I do note by the way that this Dona Berenguela second daughter of Q. Elenor the English woman was maried as hath bin said to the Prince of Leon had by him Don Fernando the 3. of that name K of Castilia surnamed also the Saint so as the two daughters of an English Queen had two Kings Saints for their Sons at one time the elder of France the yonger of Spain After this again about 60 yeers the Prince of Spain named Don Alonso surnamed de la cerda for that he was borne with a great gristle haire on his breast called cerda in Spanish which Don Alonso was Nephew â—o the King Fernando the Saint marryed with the daughter of S. Lewis K. of France named also Blancha as her grand mother was had by her two sons called Alonso Hernando de la cerda as the Prince their Father was named which Father of theirs dying before the King the Grand father left them commended to the Realm as lawful heire apparent to the crowne yet for that a certain Uncle of theirs named Don Saâ—cho younger brother to their father which Don Sancho was surnamed afterward el bravâ— for his valour and was a great Warrier and more like to manage wel the matters of war then they he was made heir apparent of Spain add hey putbâ—ck in their Grandfaâ—hers time and by his and the Realms consent their Father as I have said being dead and this was done at a generall Parliament holden at Segovia in the yeer 1276. and after this Don Sancho was made King in the yeer 1284 the two Princes put into prison but afterward at the suit of their Uncle King Philip the 3 of France they were let out again endued with certain lands so they remain unto this day and of these do come the Dukes of Medina Celi all the rest of the houâ—e of Cerda which are of much Nobility in Spain at this time K. Philip that reigneth cometh of Don Sancho the yonger Brother Not long after this again when Don Pedro surnamed the cruel King of Castile was driven cut his bastard brother H 2. set up in his place the Duke of Lancaster John of Gant Gar. l. 15. c. 1. an 1363. having maried Dona Constantia the said King Padroes daughter and heir pretended by succession the saidâ— Crowne of Castile as indeed it appertâ—ined unto him but yet the State of Spain denyed it flatly and defended it by arms they prevailed against John of Gant as did also the race of H the Bâ—stard against his lawfull brother the race of Don Sancho the uncle against his lawfull nephews that of Dona Berenguela against her elder sister all which races do reign unto this day these three changes of the true line hapned within two ages and in the third and principall discent of the Spanish Kings when this matter of suceession was most assuredly perfectly established yet who will deny but that the Kings of Spain who hold by the latter titles at this day be true lawfull Kings Well one example will I give you more out of the kingdom of Portugal so will I make an end with there countries This king Henry the bastard last named 〈◊〉 Spain had a son that succeeded him in the crown of Spain named Iohn the 1 who marryed the daughter heâ—r named Dona Beatrix of k Fernando the 1. of Portugal but yet after the death of the said k. Fernando the States of Portugall would never agree to admit him for their King for not subjecting themselvs by that means to the Castilians for that cause they rather took for their king a bastard brother of the said late k. Don Fernando whose name was Dondulan a youth of 20 yeers old who had bin Master of a military order in Portugal named de Avis so they excluded Dona Beâ—trâ—x Q. of Cast l. that was their lawfull heire chose this young man marryed him afterwards to the Lady Philip daâ—ghter of Iohn of Gaunt D. of Lancaster by hâ—s first wife Blanch Duches heir of Lancaster in whose right the kings of Portugall their discendents do pretend unto this day a certain interest to the house of Lancaster Hereby we see what an ordinary matter in hath been in Spain Portugall to alter the line of next succession upon any reasonable consideration which they imagned to be for their weal publike and the like we shall find in France and England The eighth Speech AS concerning the state of France although since the entrance of their first king Pharaniond with his Franks out of Germany which was about â—he yeere of Christ 419. they have never had any stranger come to wear their crown which they attribute to their law Salike that forbiddeth women to reign ye among themselves have they changed twise their whole race linage of kings once in the entrance of k. Pepin that put out the line of Pharamond about the yeer 751. again in the promotion of k. Hugo Capetus that put out the line of Pepin in the yeer 983. so as they have had 3 discents races of Kings as well as the Spaniards the first of Pharamond the 2. of Pepin and the 3. of Capetus which endureth to this present if it be not altered now by the exclusion that divers pretend to make of the King of Navar and other Princes of the bloud Royall of the house of Burbon I will here set pâ—sse the first rank of all of the French Kings for that some men say perhaps that the common wealth and law of succession was not so well setled in those days as it hath been afterward in time of k. Pepin Charles the great and their discendantaâ— as also for that it were in very deed over edious to examine and peruse all three ranks or kings in France as you will say when you shall see what store I have
of the other two formes of Government also and namely in England all three do enter more or lesse for in that there is one King or Queen it is a Monarchy in that it hath certain Councels which must be heard it participateth of Aristocratia and in that the Commonalty have their voyces and Burgesses in Parliament it taketh part also of Democratia or popular Government All which linitations of the Princes absolute Authority as you see do come from the Common-wealth as having authority above their Princes for their restraint to the good of the Realme From like Authority and for like considerations have come the limitations of other Kings and kingly power in all times and Countries from the beginning both touching themselves and their posterity and successours as briefly in this place I shall declare And first of all if we will consider the two most renowned and allowed States of all the World I mean of the Romans and Grecians we shall finde that both of them began with Kings but yet with farre different Lawes and restraints about their Authorities for in Rome the Kings that succeeded Romulus their first Founder had as great and absolute Authority as ours have now a dayes but yet their children or next in bloud succeeded them not of necessity but new Kings were chosen partly by the Senate and partly by the people as Titus Livius testifieth Livil 1 dec 1. So as of three most excellent Kings that ensued immediatly after Romulus to wit Numa Pompilius Tullius Hostilius and Tarquinius Priscus none of them were of the Bloud Royal nor of kin the one to the other no nor yet Romans borne but chosen rather from among strangers for their vertue and valour and that by election of the Senate and consent of the People In Grecce and namely among the Lacedemonians which was the most eminent Kingdom among others at that time the succession of children after their fathers was more certain but yet Aristotle noteth Arist l. 2. c. 8. Pol. Plutarch in Lycurg Their authority and power was so restrained by certain Officers of the people named Ephori which commonly were five in number as they were not onely checked and chastened by them if occasion served but also deprived and somtimes put to death for which cause the said Philosopher did justly mislike this eminent jurisdiction of the Ephori over their Kings but yet hereby we see what authority the Common-wealth had in this case and what their meaning was in making Lawes restraining their Kings power to wit thereby the more to binde them to do justice which Cicero in his Offices uttereth in these words Justitiae fruendae causa apud majores nostros in Asia in Europa bene morati Reges olim sunt constiti c. at cum jus aquabile ab 〈◊〉 viro homines non consequerentur inventae sunt leges Cic. l. 2. Offic. Good Kings were appointed in old time among our Ancestours in Asia and Europe to the end thereby to obtain justice but when men could not obtain equal justice at one mans hands they invented Lawes The same reason yeildeth the same Philosopher in another place not onely of the first institution of Kingdomes but also of the change thereof again into other Government when these were abused Omnes antiquae gentes regibus quondam paruerunt c. Cic. l. 3. de legibus That is All old Nations did live under Kingdomes at the beginning which kinde of Government first they gave unto the most just and wisest men which they could finde and also after for love of them they gave the same to their posterity or next in kin as now also it remaineth where kingly Government is in use but other Countries which liked not that forme of Government and have shaken it off have done it not that they will not be under any but for that they will not be ever under one onely Thus far Cicero and speaketh this principally in defence of his own Common-wealth I mean the Roman which had cast off that kinde of Government as before hath been said for the offence they had taken against certain Kings of theirs and first of all against Romulus himselfe their first Founder for reigning at his pleasure without law as Titus Livius testifieth for which cause the Senatours at length slew him and cut him in small pieces And afterwards they were greatly grieved at the entring of Scrvius Tullius their sixth King for that he gat the Crown by fraud and not by Election of the Senate and special approbation of the people as he should have done but most of all they were exasperated by the proceeding of their seventh King named Lucius Tarquinius sirnamed the proud who for that he neglected the Lawes of Government prescribed to him by the Common-wealth as namely in that he consulted not with the Senate in matters of great importance and for that he made War and Peace of his own head and for for that he appointed to himselfe a Guard as though he had mistrusted the People and for that he did use injustice to divers particular men and suffered his children to be insolent he was expelled with all his posterity and the Government of Rome changed from a Kingdom unto the Regiment of Consuls after two hundred yeares that the other had endured And thus much of those Kingdomes of Italy and Greece and if likewise we will look upon other Kingdomes of Europe we shall see the very same to wit that every Kingdom and Countrey hath his particular Lawes prescribed to their Kings by the Common wealth both for their Government Authority and Succession in the same for if we behold the Roman Empire it selfe as it is at this day annexed to the German Electours though it be first in Dignity among Christian Princes yet shall we see it so restrained by particular Lawes as the Emperour can do much lesse in his State than other Kings in theirs for he can neither make War nor exact any contribution of men or money thereunto but by the free leave and consent of all the States of the German Dieâ— or Parliament and for his children or next in kin they have no action interest or pretence at all to succeed in their Fathers Dignity but onely by free Election if they shall be thought worthy nay one of the chiefest points that the Emperour must swear at his entrance as Sleydan writeth Sleydan l. 8. Anno 1532. is this That he shall never go about to make the Dignity of the Emperour peculiar or bereditary to his Family but leave it unto the seven Electours free in their power to chuse his Successour according to the Law made by the Pope â—regory the fifth and the Emperour Charles the fourth in this behalfe Blond Dicad 2. l. 3. Crant l. c. 25. The Kingdomes of Poloma and Bohemia do go much after the same fashion both for their restrant of power and succession to their Kings For first touching their
against them wheresoever they thinke they may make their party good inventing a thousand calumniations for their discredit without conscience or reason whom in deed I do thinke to have little conscience or none at all but rather to be those whom the Apostles Peter and Jude did speake of when they said Novit Dominus iuiquos in diem judicii reservare cruciandos magis autem eos qui dominitionem contemnunt audaces sbi placentes c. 2 Pet 2 10. Jâ—de 8. God knoweth how to reserve the wicked unto the day of judgement there to be tormented but much more those which do contemne domination or government and are bold and liking of themselves Nay further I am of opinion that whatsoever a Princes Title be if once he be settled in the Crown and admitted by the Common-wealth for of all other holds I esteem the tenure of a Crown if so it may be termed the most irregular and exraordinary every man is bound to settle his conscience to obey the same In all that lawfully he may command and this without examination of his Title or Interest for that God disposeth of kingdomes and worketh his will in princes affaires as he pleaseth and this by extraordinary meanes oftentimes so that if we should examine the Titles at this day of all the princes in Christendom by the ordinary rule of private mens rights successions or tenures should finde so many knots and difficulties as it were hard for any to make the same plain but onely the supreme Law of God's disposition which can dispence in what he listeth This is my opinion in this behalfe for true and quiet obedience and yet on the other side as farre off am I from the abject and wicked flattery of such as affirme princes to be subject to no Law or limitation at all either in authority government life or succession but as though by Nature they had been created kings from the beginning of the World or as though the Common-wealth had been made for them and not they for the Common-wealth or as though they had begotten or purchased or given life to the Weal-publique and not that the Weal-publique had exalted them or given them their authority honour and dignity so these flatterers do free them for all obligation duty reverence or respect unto the whole Body where of they are the Heads nay expresly they say and affirme that All mens goods bodies and lives are the Princes at their pleasures to dispose of that they are under no Law or account-giving whatsoever that they succeed by Nature and generation onely and not by any authority admission or approbation of the Common-wealth and that consequently no merit or demerit of their perso is to be respected nor any consideration of their Naâ—ures or qualities to wit of capacity disposition or other personal circumstances is to be had or admitted and do they what they list no authority is there under God to chaâ—ten them All these absurd paradoxes have some men of our dayes uttered in flattery of princes to defend a kings Title with assertions and propositions do destroy all Law of reason conscience and Common-wealth and do bring all to such absolute tyranny as no Realme ever did or could suffer among civil people no not under the dominion of the Turke himselfe at this day where yet some proportion of equity is held between the prince and the people both in Government and Succession though nothing so much as in Christian Nations To avoid these two extremes as all the duty reverence love and obedience before nameâ— is to be yeelded unto every Prince which the common-wealth hath once established so yet retaineth still the common-wealth her authority not onely to restrain the same Prince if he be exorâ—itant but also to chasten and remove him upon due and weighty considerations and that the same hath bin done and practised at many times in most Nations both Christian and otherwise with right good successe to the weal publick The Third Speech TWo points are now to be proved First that Common-wealths have chastised sometimes lawfully their lawfull Princes though never so lawfully they were descended or otherwise lawfully put in possession of their Crown and secondly that this hath faln out ever or for the moâ—â— part commodious to the weal publique and that it may seem that God approved and prospered the same by the good successe and successors that insued thereof Yet with this protestation that nothing be taken out of my speech against the sacred authority and due respect and obedience that all men owe unto Princes both by Gods Law and Nature but only this shall serve to shew that as nothing under God is more honourable amiable profitable or Soveraigne than a good Prince so nothing is more pestilent or bringeth so generall destruction and desolation as an evill Prince And therefore as the whole body is of more authority thâ—n the only head and may cure the head if it be out of tune so may the weal-publique cure or purge their heads if they infect the rest seeing that a body Civill may have divers heads by succession and is not bound ever to one as a body naturall is which body naturall if it had the same ability that when it had an aking or sickly head it could cut it off and take another I doubt not but it would so do and that all men would confesse that it had authority sufficient and reason to doe the same rather then all the other parts should perish or live in pain and continuall torment but yet much more cleare is the matter that we have in hand for disburdening our selves of wicked Princes as now I shall begin to prove unto you And for proofe of both the points joyntly I might begin perhaps with some examples out of the Scripture it selfe but some man may chance to say that these things recounted there of the Jewes were not so much to be reputed for acts of the common-Wealth as for particular ordinations of God himselfe which yet is not any thing against me but rather maketh much for our purpose For that the matter is more authorized hereby seeing that whatsoever God did ordaine or put in â—re in his Common Wealth that may also be practised by other Common-Wealths now having his authority and approbation for the same Wherefore said he though I do hasten to examples that are more neerer home and more proper to the particular purpose whereof we treat yet can I not omit to note some two or three out of the Bible that doe appertain to this purpose also and these are the deprivation and putting to death of two wicked Kings of Judah named Saul and Amon 1 Kin. 31. 4. King 22. 44. though both of them were lawfully placed in that dignity and the bringing in of David and Josia in their roomes who were the two most excellent princes that ever that Nation or any other I thinke have had to governe them And first king
it was not his but theirs Why doe the Kings of England France and Spain ask money of their Subjects in Parliaments if they might take it as their own Why are those contributions â—ermed â—y the name of Subsidies helps benevolences lones c. if all be due and not voluntary of the Subjects part How have Parliaments oftentimes denyed to their Princes such helps of money as they demanded Why are their Judges appointed to determine matter of Suits Pleas between the Prince and his Subjects if all be his and the Subject have nothing of his own And last of all why doth the Canon Law so streightly inhibit all Princes upon pain of excommunication to impose new impositions taxes upon their people without great consideration necessity free consent of the givers if all be the Princes nothing of the Subject Nay why be all Princes generally at this day prohibited to alienate any thing of their own Crown without consent of their people if they only be Lords of all and the People have interest in nothing And hereby also we may gather what the Prophet Samuel meant when he thretned the Jews with the disorders of Kings that should reign over them not that these disorders were lawfull or appertained to a righteous King but that seeing they refused â—o be under the moderate government of their high Priests and other Governors which God had given them hitherto required to be ruled by Kings as other Heathen Nations of Egipt Babilon Syria Persia were whose manner of Government not only Historiogrâ—phers but Phylosophers also Aristotle among the rest doth note to have been very tyrannicall Arist l. 5. pol. c. 11. Joseph l. 6. ant c. 4. yet for that the Jews would needs haue that government as a matter of more pomp glory then that which hitherto they had had Samuel did first iusinuate to them what extortion wickednesse those Heathen Kings did use commonly over their people in taking their children servants wives goods the like from them that many Kings of Israel should do the like take it for their right and Soveraignty should oppose tyranize over them inforce them to cry out to God for help they should not find remedy for that so heddily they had demanded this change of Government which highly displeased Almighty God And this is the true meaning of that place if it be well considered and not to authorize hereby injustice or wickedness in any King seeing the principall pointâ— recorded to all Princes and Kings through all course of Scripture are diligere inducrum justitiam apprebendere disciplinam â—facere veritatem that is to say to love judgement and justice to admit discipline and to execuâ—e truth and this is the instruction that God gave to the Jewes in Deutronomy Deut. 17. 3. Reg. 2. 10 for their Kings when they should have them which God foretold many yeares before they had any and this is the admonition that King David left unto Psal the 2. his Sonne and successour Salomon at his death and by him to all other Kiogs and Princes and for want of observing their points of judgement justice discipline and truth wee see not only Achab and Iezabel before mentioned grievously punished but many other Kings also by God himselfe as Achaz Manasses Ioachim and the like which had not been justice on Gods part so to punish them if it had been lawfull for them to use that manner of proceeding towards their people as these good instructors of Princes in out daies most fondly and wickedly do affirme and thus much for that place But to the point by what Law the Common-wealthes did punish their evill Princes it is by all law divine and human divine for that God dath approve that form of government which every common-wealth doth chuse unto it selfe as also the conditions statutes und limitations which it selfe shall appoint unto her Princes as largely before hath been declared And by all human law also for that all law both naturall nationall and positive doth teach us that Princes are subject to law and order and that the common-wealth which gave them their authority for the commmon good of all may also restraine or take the same way again if they abuse it to the common evill And whereas these men say that like as if a private man should make his inferiour or equall to be his prince he could not after restrain the same again and so neither the common wealth having once delivered away her authority I answer first that the comparison is not altogether like for that a privat man though he give his voice to make a Prâ—nce yet he being but one maketh not the Prince wholly as the Common wealth doth and therefore no marvaile though it lie not in a perticular mans hand to unmake him again besides this a privat man having given his voice to make his Prince remaineth subject and inferiour to the same but the whole body though it be governed by the Prince as by the head yet is it not inferiour but superiour to the Prince neither so giveth the common wealth her authority and power up to any Prince that she depriveth her self utterly of the same when need shall require to use it for her defence for which she gave it And finally which is the chiefest reason of all and the very ground and foundation indeed of all Kings authority among christians the power and authority which the Prince hath from the common wealth is in very truth not absolute but potestas vicaria or deligata that is to say a power deligate or power by commission from the common wealth which is given with such restrictions cautels and conditions yea wiâ—h such plaine exceptions promises and oathes of both parties I meane between the King and common wealth at the day of his admission or coronation as if the same be not kept but willfully broken on either part then is the other not bound to observe his promise neither though never so solemnly made or sworn for that in all bargains agreements and conâ—racts where on part is bound mutually and reciprocally to the other by oath vow or condition there if one side go from his promise the other standeth not obliged to performe his and this is so notorious by all law both of nature and nations and so conform to all reason and equity that it is put among the very rules of both the civill and cannon law where it is said frustra a fidem sibi quis postulat servari ab eo cui sidem a se prestitam servare recusat He doth in vaine require promise to be kept unto him at an other mans hands to whom he refuseth to performe that which himselfe promised and againe Non abstringitur quis â—uramento ad implendam quod juravit si ab alia parte non impletur cujus respectu praebuit juramentum A man is not bound to performe that
acceptance fel on his knees also to prayer that he might observe his promise and other like Ceremonies saith Stow were used and this was done the 13 of Octob. 1359. and therefore upon good reason might this same Arch-Bishop put him afterward in mind of this his Oath as before I have shewed that he did At the admission also of King Edward the fourth 1 the peoples consent was demanded very solemnly in Iohns field by London the 29 of Febr. in the year 1460 notwithstanding that King Edward had proved his Title by succession before in the Parliament holden at Westminster And now this consent of the people being had or he being thus elected at Stowes words are he went the next day in procession at Paules and offered there and after Te Deum being sung he was with great royalty conveyed to Westminster and their in the hall set in the Kings seate with Edwards scepter in his hand and then the people were asked again if they would have him King and they cryed yea yea And if any would take exception against these of King Henry and King Edward the 4 because they entred and began their Reignes upon the deprivation of other Kings then living that are yet many living in England that have seene the severall Coronations of King Edward the 6 Q. Mary Q Elizabeth K. Iames K. Charles and can witnesse that at all and every of their Coronations the consent of the people and their acceptation of those Princes is not only demanded by the publique cry of a Harold at armes which standeth on both the sides of the high Scaffold or stage whereon the Prince is Crowned and the peoples answer expected till they cry yea yea but also that the said Princes gave there their corporall oath upon the Evangelists unto the Bishop that Crowned them to uphold and maintaine faith aforenamed with the Liberties and Priviledges of the Church as also to governe by justice and law as hath been said which oaths no doubt have been sworn and taken most solemnly by all the Kings and Queenes of England from the dayes of King Edward the Confessor at the least and â—e that will see more points of these oaths set down in particuler let him read Magna Charta and he will be satisfyed By all which and by infinite more that might be said and alleadged in this matter and to this purpose it is most evident that this agreement bargain contract between the King and his Common-wealth at his first admission is as certain and firme notwithstanding any pretence or interest he hath or may have by succession as any contract or marriage in the world can be when it is solemnized by words de praesenti as our law speaketh between parties espoused before by words de futuro which is an act that expresseth this other most lively and consequently I must needs affirme it to be most absurd base and impious That only succession of bloud is the thing without further approbotion which maketh a King and that the peoples consent to him that is next by birth is nothing at all needfull be he what he will and that his admission inunctiâ—n or Coronation is only a matter of externall Ceremony without any effect at all for increase or confirmation of his right these I say are vnlearned fond and wicked assertions in flattery of Princes to the manifest ruine of Common-wealths and perverting of all Law order and reason The sixt Speech COncerning the interest of Princes before their Coronation most of them have not failed to find as shamles flatterers as themselves were either vaine or wicked Princes and for my part I am of opinion that the propositions of Belloy did rather hurt and hinder then profit the Prince for whom and in whose favour he writ them is the King of Navara whom hereby be would have admitted to the Crowne of France without all consent or admission of the Realm But I for my part as I doubt not greatly of his title by propinquity of bloud according to the law Salique so on the other side am I of opinion that these propositions of Belloy in his behalf that he should have entered by only title of birth without condition consent or approbation of the Realm as also without Oath Anointing or Coronation yea of necessity without restraint or obligation to fulfill any law or to observe any priviledges to Church Chapell Cleargy or Nobility or to be checked by the whole Realm if he rule amisse these things I say are rather to torify the people and set them more against his entrance then to advance his title and therefore in my poore judgment it was neither wisely written by the one not politiquely permitted by the other And to the end you may se what reason I have to give this censure I shall here set down his own propositions touching this matter as I find them in his own words First then he avoucheth that all families which enjoy Kingdoms on the world were placed therein by God only aud that he alone can chang the same which if he referr unto Gods universal providence quae attingit à fine vsquae in finem fortiter â—s the Scripture saith and without which a sparrow falleth not to the ground as our Saviour testyfieth Matt. 6. no man will deny but all is from God either by his Ordinance or permission but if we talke as we do of the next and immediate causes of an Empyres Princes and of their changes cleere it is that men also do and may concurre therein and that God hath left them lawfull authority so to do and to despose thereof for the publique benifit as largly before hath been declared and consequently to say that God only doth these things and leaveth nothing to mans judgment therein is against all reason use and experience of the world The second proposition of Belloy is that where such Princes be once placed in Government and the Law of succession by birth established there the Princes children or next of kin do necessarily succeed by only birth without any new choice or approbation of the people Nobility or Clergy or of the whole Common-wealth together Apolog. Cathol part 1. parag 7. And to this assertion he joyneth an other as strange as this which is that a King never dyeth for that whensoever or howsoever he ceaseth by any meanes to Governe then entreth the successor by birth not as heyre to the former but as lawfull governour of the Realm without any admission at all having his authority only by the condition of his birth and not by addoption or choice of any Apolog. pro Rege c. 6. 34. Which two propositions albeit they have been sufficiently refuted by that which hath been spoken in the last two chapters going before yet shall I now again convince more amply the untruth thereof Other two propositions he addeth Apolog. Cathol part 2. parag 7. pro Rege c. 9. That a Prince once entred to
England had two K. Henries living at one time with equall authority and this was done in the 16. year of his Reign and in the year of our Lord 1170 but his device had no good successe for that K. Henry the younger made war soone after upon K. Henry the elder and had both the Kings of France and Scotland and many Nobles of England and Normandy to take his part for which cause it is thought that this thing hath never been put in practise again since that time in England but yet hereby it is evident what the opinion of the world was in those daies of the force of Coronation and admission of the Common-wealth and how little propinquity of bloud prevaileth without that The Seaventh Speech I Should begin with the Grecian Kings it were infinite that might be alleadged and perhaps some man would say they were over old and far fetched examples and cannot be presidents to us in these ages and if I lay before you the examples of Roman Kings and Emperours put in and out against the Law aed Rights of succession the same men perhaps will answer that it was by force and injury of mutinons souldiers whereunto that Common-wealth was greatly subject And if I shâ—uld bring forth any presidents and examples of holy Scripturs some other might chance to reply that this was by particuler priviledge wherein God Almighty would deale and dispose of things against the ordinary course of mans law as best liked himselfe whose will is more then Law and whose actions are right it selfe for that he is Lord of all and to be limitted by no rule or law of man but yet that this is not properly the Act of a Common-Welth Thus I say it may be that some man would reply and therefore having store enough of plain and evident matter which hath no exception for that it hath happened in setled Common-Wealths and those near home where the law of succession is received and established to wit in Spayne France and England I shall retyre my selfe to them alone but yet putting you in mind before I passe any further that it is a matter much to be marked how God dealt in this point with the people of Israel at the begining 1. Règ. 8. after he had granted to them that they should have the same government of Kings that other Nations round about them had whose Kings did ordinarily reigne by succession as ours do at this day and as all the Kings of the Jewes did afterwards and yet this notwithstanding God at the beginning at the very entrance of their first Kings would shew plainly that this Law of succeeding of the one the other by birth and propinquity of blood though for the most part it should prevaile yet that it was not so precisely necessary but that upon just causes it might be altered For proofe whereof we are to consider that albeit he made Saul a true and lawfull King over the Iewes and consequent also gave him all Kingly priviledges benefits and prerogatives belonging to that degree and state whereof one principal as you know is to have his Children succeed after him in the Crowne yet after his death God suffered not any one of his generation to succeed him though he left behinde him many Children and among others Isboseth a Prince of 40. Yeares of age 2. Reg. 1. and 21. whom Abner the generall captain of that nation with eleaven tribes followed for a time as their lawfull Lord and master by succession untill God cheked them for it and induced them to reiect him though heire apparent by discent and to cleave to David newly elected King who was a stranger by Birth and no King at all to the King deceased And if you say here that this was for the sinne of Saul whom God had reiected I do confesse it but yet this is nothing against our purpose for that we pretend not that a Prince that is next in blood can iustly be put back except it be for his own defects or those of his ancestors And more over I would have you consider that by this it is evident that the fault of the father may prejudicate the sonnes right to the Crowne albeit the sonne hath no part in the fault as we may see in this example not only of Ishboseth that was punished and deprived for the offence of Saul his Father notwithstanding he had been proclaimed King as hath been said but also of Ionathus Saules other sonne who so good a man and so much praised in holy Scripture and yet he being slaine in Warr and leaving a sonne named Mephiboseth he was put back also 2. Reg. 5. though by nearenesse of blood he had great interest in the succession and much before David But David being placed in the Crowne by election free consent and admission of the people of Israell as the Scripture plainly testifieth though by motion and direction of God himself we must confesse 2. Reg. 2 and 5. and no man I think will deny but that he had given unto him therewith all Kingly priviledges prehemiences and regaliâ—ies even in the highest degree as was conveniene to such a state and among other the Scripture expresly nameth that in particuler it was assured him by God that his seed should reigne after him yea and that for eveâ— Psal 131. 2. Paral. 6. but yet we do not find this to be performed to any of his elder sonnes as by order of succession it should seeme to appertain no nor to any of their of spring or discents but only to Solomon which was his younger and tenth sonne and the fourth only by Barsabe True it is that the Scripture recounteth how Adonias Davids elder sonne that was of rare beauty a very goodly young Prince seeing his Father now very ould and impotent and to lie on his death bed and himselfe heire apparent by antiquitie of blood after the death of Absalon his elder brother that was slain before he had determined to have proclaimed himselfe heir apparent in Ierusalem before his Father died 1. Reg. 1. and for that purpose had ordained a great assembly and banquet had called unto it both the high priest Abiather and diverse of the Cleargie as also the generall Captaine of all the army of Israell named Ioah with other of the Nobillity and with them all the rest of his bretheren that were sonnes to King David saving only Solomon togeather with many other Princes and great men both spirituall and temporall of that estate and had prepared for them a great feast meaning that very day to proclaime himselfe heire apparent to the Crowne and to be Crowned as indeed by succession of blood it appertained unto him and this he attempted so much the rather by councell of his friends for that he saw the King his Father very ould and impotent and ready to die and had taken no order at all for his successor and moreover Adonias had understood how that Bersabe Solomons Mother
that was a Gentile and lived before Moses Job 1. Sanctificabat filios consurgensque diluculo offerebat holocausta per dies singulos He did sanctifie his children and rising early in the morning did offer for them holocastes or burnt sacrifices every day This men used in those dayes and this they were taught by law of nature I meane both to honour God above all things and to honour him by this particular way of sacrifices which is proved also evidently by that which at this day is found and seene in the Indians where never any notice of Moses law came and yet no Nation hath ever been found among them that acknowledgeth not some kinde of God and offereth not some kinde of sacrifice unto him And albeit in the particular meanes of honouring this God as also in distinguishing between false gods and the true God these people of the Indians have fallen into most grosse and infinite errours as also the Gentiles of Europe Asia and Africa did by the craft and subtlety of the Divell which abusing their ignorance did thrust himselfe into the place of God and derived and drew those sacrifices and supreame honours unto himselfe which were due to God alone yet is it evident heereby and this is sufficient for our purpose that by God and nature the highest and chiefest end of every common-wealth is Cultus Dei the service of God and religion and consequently that the principall care and charge of a Prince and Magistrate even by nature is selfe is to looke thereunto whereof all antiquity both among Jewes and Gentiles were wont to have so great regard as for many yeeres and ages their Kings and chiefe Magistrates were also Priests Genebrard l. 1 Chronol de 1. aetate Genes 25. 29. Deut. 21. 2. Paral. 21. and divers learned men doe hold that the priviledge and preheminence of primo genitura or the first borne children so much esteemed in the law of nature consisted principally in this that the eldest sons were Priests and had the charge and dignity of this greatest action of all other upon earth which some temporall Magistrates so little regard now And this respect and reverence towards religion was so greatly planted in the breasts of all Nations by nature her selfe as Cicero pronounced this generall sentence in his time Cicero li. 1. quest tusc de natura deorum lib. 1. Nulla est gens tam fera nulla tam immanis cujus mentem non imbuerit deorum colendorum religio There is no Nation so fierce or barbarous whose mindes are not indued which some religion of worshipping Gods And Plutarch writing against a certaine Atheist of his time saith thus If you travel far Countreys you may chance to find some Cities without learning without Kings without riches without money but a City without Temples and without Gods and sacrifices no man yet hath ever seene Plutarch adversus Colotem And finally Aristotle in his politiques having numbred divers things necessary to a Common-wealth addeth these words Quintum primum Circa rem divinam cultus quod Sacerdotium sacrificiumque vocant Aristo l. 7. politi c. 8. In the fiâ—t place which indeed ought to be the first of all other is necessary to a Common-wealth the honour and service due unto God which men commonly doe comprehend by the words of Priest-hood and sacrifice All this I have alleaged to confute even by the principles of nature herself the absurd opinions of divers Atheists of our time that will seeme to be great Politicks who affirme that Religion ought not to be so greatly respected in a Prince or by the Parliament as though it were their chiefest care or the matter of most importance in his government which you see how false and impious it is even among the Gentiles themselves but much more among Christians who have so much the greater obligation to take to heart this matter of Religion by how much greater light and knowledge they have of God and therefore wee see that in all the Princes oathes which before you have heard recited to be made and taken by them at their admission and coronation the first and principall point of all other is about Religion and maintainance thereof and according to his oath also of supreame Princes not only to defend and maintaine Religion by themselves in all their States but also their Livetenants and under governours wee have in our Civill Law a very solemne forme of an oath which Justinian the Emperour above a thousand and fifty yeeres agone was wont to give to all his Governours of Countries Cities and other places before they could be admitted to their charges and for that it is very effectuall and that you may see thereby what care there was of this matter at that time and what manner of solemne and religious protestations as also imprecations they did use therein it shall not be amisse perhaps to repeate the same in his owne words which are these following The title in the Civill Law is juramentum quod Praestatur iis qui administrationes accipiunt the oath which is given to them that receive governments and then the Oath beginneth thus Collat. 2. Novella constit Justin 8. tit 3. Juro per Deum omnipotentem filium ejus unigenitum Dominum nostrum Jesum Christum Spiritum sanctum per sanctam gloriosam Dei genitricem semper Virginem Mariam per quatuor Evangelia quae in manibus meis teneo per sanctos Archangelos Michaelem Gabrielem puram conscientiam germanumque servitium me servaturum sacratissimis nostris Dominis Justiniano Theodosiae conjugiejus occasione traditae mihi ab eorum pietate administrationis Et quod communicator sum sanctissimae Dei Catholicae Apostolicae Ecclesiae nullo modo vel tempore adversaboret nec alium quocunque permittam quantum possibilitatem habeam si vero non haec omnia servavero recipiam omnia incommoda hic in futuro seculo in terribili judicio magni Domini Dei salvatoris nostri Jesu Christi habebo partem cum Juda cum lepra Giezi cum tremore Cain insuper paenis quae lege eorum pietatis continentur ero subjectus Which in English is thus I do sweare by Almighty God and by his holy Son our Lord Jesus Christ and by the holy Ghost that I will keepe 〈◊〉 pure conscience perform true service unto the sacred persons of our Lords Princes Justinian and Theodosia his wife in all occasions of this government by their benignity committed unto me Moreover I do sweare that I am communicant and member of the most holy Catholique and Apostolique Church of God and that I shall never at any time hereafter be contrary to the same nor suffer any other to be as much as shall lie in my possibility to let And if I should breake this oath or not observe any point thereof I am content to receiue any punishment both