in England to favour him and his pretence or else in respect of his own particular Family Friends and Allies both at home and abroad And for that the Party of Religion is like to weigh most and to bear the greatest sway and most potent suffrage and voice in this action and that with reason according to that the Civilian hath proved at large in the last of his Discourses therefore shall I also quoth the Lawyer first of all then treat of this point of Religion in this my last Speech It is well known said he that in the Realm of England at this day there are three different and opposite Bodies of Religion that are of most bulk and that do carry most sway and power which three Bodies are known commonly in England by the names of Protestants Puritans and Papists though the latter two do not acknowledge these Names and for the same cause would not I use them neither if it were not only for clearness and brevities sake for that as often I have protested my meaning is not to give offence to any Side or Party These three Bodies then quoth he do comprehend in effect all the Force of England and do make so general a division and separation throughout the whole Land in the hearts and minds of their Friends Favourers and followers as if I be not deceived no one thing is like so much to be respected in each Pretender for his advancement or depression as his Religion or inclination therein by them that must assist him at that day and are of different Religions themselves And more I am of opinion said he that albeit in other changes heretofore in England as in the entrance of King Edward and Queen Mary and of this Queens Majesty that now is divers men of different Religions did for other respects concurr and joyn together for these Princes advancement notwithstanding that afterwards many of them repented the same which is to be seen in that for King Edward all the Realm without exception did concurr and for Queen Mary it is known that divers Protestants did by name and among other points it is also known that Sir Nicholas Throgmorton a fervent Protestant in those days being of King Edward's Privy Chamber did not only advise her of the sickness and decay of King Edward from day to day but also was the first that sent an express Messenger to advise her of her Brother's death and what the two Dukes of Northumberland and Suffolk did contrive against her and that with such celerity that King Edward dying but on Thursday night the 10 th of July the Lady Mary was most certainly advised thereof by Saturday morning next and that very early in Kenning-hall-Castle of Norfolk 80. Miles off and divers other Protestants did assist her also in that her Entry as in like manner all those of the Roman Religion without exception did assist her Majesty that now reigneth after the decease of the said Queen Mary and this was then But I am of opinion that matters will fall out far otherwise at the next Change and this partly peradventure for that the titles of Succession in the Pretenders are not so clear but rather much more doubtful now than they were then and partly or rather principally for that men in time are come to be of more resolution and determination in matters of Religion and by contention and pursuing one the other are become more opposite and enemies and more desirous of revenge and further also than this those that be of milder and better condition and have not these passions in them yet by Reason and Experience they do see the great absurdity and inconvenience that ensueth by that a man of one Religion should give aid to the advancement of a Prince of a contrary Religion to that which himself doth esteem and hold for only truth which in him that so doth cannot be denied but that it is a point of little zeal at the least if not contempt of God and of Religion or of plain atheism as others will call it And moreover I remember that the Civilian before in the end of his Speech inveighed also much against this point and shewed that besides lack of Conscience and Religion it was in like manner against all humane wisdom and policy to favour a pretender of a different Religion from himself and this for divers reasons that he laid down which reasons I confess prevailed much with me and I do allow greatly of that his opinion and assertion which averred that the first respect of all others ought to be GOD and Religion in this great Affair of making a King or Queen and that without this no Title whatsoever ought to prevail or be admitted by Christian men and that the Cities of France at this day do not amiss but justly and religiously so long as they are of that Religion that they are to stand against the King of Navarr though otherwise by descent they do confess his Title to be clear and evident for that he is of contrary Religion to them Wherefore seeing that the very same Case is like or rather certain to ensue one day in England and that it is most probable that each Party of the Realm will stand most upon this Point that is to say upon the defence and advancement of their Religion and of such a King as shall be known to favour the same that themselves be of let us examin a little if you please quoth he what force ability each of these three Bodies of Religion now mentioned is like to be of at that day in England for effectuating or promoting this purpose of a new King And first to begin with the Protestant as with him that hath the sway of Authority and present Power of the State in his favour no doubt but that his force will be also great at that day said he and especially if he can conceal for a time the decease of her Majesty untill he may be able to put his Affairs in order but this is holden to be either impossible or very hard for the different judgments and affections which are not thought to be wanting in the Court Council and Princes Chamber it self whereof we saw the effect as before I told you at the death of King Edward which was as much endeavoured to be kept as ever any was and as much it imported the Concealers and yet within not many hours after had the Lady Mary most certain notice thereof â—y those that were opposite to her in Religion as I have shewed before so ardent are mens minds in such occasions and so capable of new impressions designments and desires are all kind of subjects upon such great changes A chief Member of the Protestant Body as you know for Wealth and Force is the Clergy of England especially the Bishops and other men in Ecclesiastical Dignity which are like to be a great Back to this Party at that
deduceth them from the very ground of nature and reason it self and sayeth That it were contrary to the Duty of a Good or Honest Man in such cases to perform his promise Our Divines also do alledge the example of Herod that had Sworn to the Daughter of Herodias to give her what she demanded who demanding the Head of St. John Baptist though Herod were sorry for the same yet saith the Text That for his Oaths sake he commanded it to be performed which yet no Man will deny but that it had been far better left unperformed and the Oath better broaken then fulfilled according to another rule of the Law which sayeth In malis promissis fidem non expedit observari it is not expedient to keep our promise in things evil promised And finally to this purpose to wit to determine how many ways an Oath may be lawfuly broken or not kept there is a whole title in the Canon-Law containing 36. Chapters wherein are set down many and divers most excellent and evident cases about the same determined by Gregory the first and other ancient Popes and Doctors and in the second part of the Decretal there is alledged this sentence out of Isidorus and Established for Law In malis promissis rescinde fidem in turpi voto muta decretum impia enim promissio qua scelere impletur that is In evil promises perform not your word in an unlawful Vow or Oath change your determination for it is an impious promise which cannot be fulfilled but with wickedness and the very same matter is handled in the Question following which is the fifth throughout 23 whole Chapters together So as nothing is more largely handled in our Law both Civil and Canon then this matter of promises and others how and when and why and in what case they hold or bind and when not All which to apply it now unto our matter of Kings that we have in hand We are to understand that two evident Cases are touched here as you see when a Subjects Oath or Promise of obedience may be left unperformed towards his Prince The first when the Prince observeth not at all his promise and Oath made to the Commonwealth at his admission or Coronation and the other when it should turn to the notable damage of the weal-publick for whose only good the Princes Office was ordained as often before hath been said and proved if the Subject should keep and perform his Oath and promise made unto his Prince And both these cases are touched in the deprivation of Childerike the last King of France of the first Line of Pharamond which was recounted in the former Chapter for that as Paulus Aemilius Balforest Girard and other French stories do testify the Bishop of Wirtsburg that in the name of all the Nobility and Commonwealth of France made his Speech to Zacharie the Pope for his Deposition and for the Election of Pepin in his place alledged these two Reasons saying Truth it is that the French have Sworn fidelity unto Childerick as to their true and natural King but yet with condition that he on his part should also perform the points that are incident to his Office which are to defend the Commonwealth protect the Church of Christ resist the Wicked advance the Good and the like and if he do this then the French are ready to continue their Obedience and Allegiance unto him But if he be apt for none of these things neither fit either for a Captain in War or for a Head in Peace and if nothing else may be expected whilst he is King but detriment to the State Ignominy to the Nation danger to Christian Religion and Destruction to the weal-publick Then it is lawful for you no doubt most Holy Father to deliver the French from this band of their Oath and to testifie that no promise can bind this Nation in particular to that which may be hurtful to all Christendom in general Thus far that Bishop and his Speech was allowed and Childerick Deposed and Pepin made King in his place as the World knoweth By this then you see said the Civilian Lawyer the ground whereon dependeth the righteous and lawful Deposition and Chastisement of Wicked Princes to wit their failing in their Oaths and Promises which they made at their first entrance that they would Rule and Govern justly according to Law Conscience Equity and Religion wherein when they fail or wilfully decline casting behind them all respect of obligation and duty to the end for which they were made Princes and advanced in dignity above the rest then is the Commonwealth not only free from all Oaths made by her of Obedience or Allegiance to such unworthy Princes but is bound moreover for saving the whole Body to Resist Chasten and Remove such evil Heads if she be able for that otherwise all would come to Destruction Ruine and publick Desolation And here now come in all those considerations which old Philosophers Law-makers and such others as have treated of Commonwealths are went to lay down of the difference and contrariety between a King and a Tyrant for that a King as both Plato and Aristotle do declare when once he declineth from his duty becometh a Tyrant that is to say Of the best and most Soveraign thing upon Earth the worst and most hurtful Creature under Heaven for that as the end and Office of a King is to make happy his Commonwealth so the end of a Tyrant is to destroy the same And finally the whole difference is reduced to the principal head that before I have mentioned to wit that a King ruleth according to Equity Oath Conscience Justice and Law prescribed unto him And the other is Enemy to all these conditions whereof if you will read many more particulars and signs to know a Tyrant by I will remit you to a special Book set forth of this matter by one Bartolus Father as you know of our Civil Law where the matter is handled largely as also how lawful and commendable it is to resist any Tyrant And finally he concludeth with Cicero in his Books de legibus where he sayeth ut populo Magistratus itâ— Mâ—gistratui presunt leges A good Prince or Magistrate maketh his accompt that as he is over the People so Laws are over him and a Tyrant the Contrary And greatly is commended the saying of Theodosius and Valentinian two worthy Emperours recorded in our Civil Law who said Digna vox est Majestate regnantis legibus se alligatum fateri It is a Speech worthy of the Majesty of him that Reigneth to confess that he is bound unto the Laws and the contrary saying of the Tyrant Cajus Caligua is justly detested by all Writers who said unto one as Suetonius reporteth Memento mihi omnia in omnes licere remember that all things are lawful unto me and against all Men without exception
this World as also in the World to come in that last and most terrible Judgment of our great Lord and Saviour Jesus Christ and to have my part with Judas as also with the leprosy of Gehazi and with the fear and trembling of damned Cain And besides all this I shall be subject to all punishments that are ordained in the Laws of their Majesties concerning this Affair This Oath did all the Governours of Christian Countries take in old time when Christian Emperours did flourish and it hath remained for a Law and President ever since to all Posterity And if we join this with the other Oaths before set down in the V. Chapter which Emperours and Kings did make themselves unto their Ecclesiastical Prelates at their first Admission about this Point we should see nothing was so much respected in Admission of a Prince or Governour nor ought to be as Religion for that as I have said before this is the chiefest greatest and highest end of every Commonwealth intended both by God and Nature to assist their Subjects to the attaining of their Supernatural end by honouring and serving God in this life and by living vertuously for that otherwise God should draw no other fruit or commodity out of humane Common-wealths than of an Assembly of Brutish Creaturs maintained only and governed for to eat drink and live in peace as before hath been declared But the End of man being far higher than this it followeth that whatsoever Prince or Magistrate doth not attend with care to assist and help his subjects to this end omitteth the first and principal part of his Charge and committeth high Treason against his Lord and Master in whose place he is and consequently is not fit for that Charge and Dignity though he should perform the other two parts never so well of temporal Justice and Valour in his Person which two other Points do appertain principally to the humane felicity and baser end of Mans Wel-publick and much more of a Christian Hereof it ensueth also that nothing in the world can so justly exclude an Heir apparent from his Succession as want of Religion nor any cause whatsoever justify and clear the Conscience of the Commonwealth or of particular men that in this Case should resist his Entrance as if they judge him faulty in this point which is the he Head of all the rest and for which all the rest do serve You do remember that before I compared an Heir apparent unto a Spouse betrothed only and not yet married to the Commonwealth Which Espousal or Betrothing according to all Law both Divine and humane may be broken and made void much easier and upon far less causes than an actual perfect Marrying may of which our Saviour himself said Quos Deus conjunxit homo non separet i. e. Whom God hath joyned let no man separate and yet S. Paul to the Corinthians determineth plainly that if two Gentiles married together in their Gentility which none denieth to be true Marriage for so much as concerneth the Civil Contract and afterwards the one of them being made a Christian the other will not live with him or her or if he do yet not without blaspheming of God and tempting him to sin in this Case I say the Apostle teacheth and out of him the Canon Law setteth it down for a Decree that this is sufficient to break and dissolve utterly this Heathen Marriage although consummate between these two Parties and that the Christian may marry again and this only for want of Religion in the other party which being so in actual Marriage already made and consummate how much more may it serve to undo a a bare Betrothing which is the case of a Pretender only to a Crown as before hath been shewed But you may say perhaps that S. Paul speaketh of an Infidel or Heathen that denieth Christ plainly and with whom the other Party cannot live without danger of sin and losing his faith which is not the case of a Christian Prince though he be somewhat different from me in Religion to which is answered that supposing there is but one onely Religion that can be true among Christians as both Reason and Athanasius his Creed doth plainly teach us and moreover seeing that to me there can be no other Faith or Religion available for my Salvation than only that which I my self do believe for that my own Conscience must testify for me or against me certain it is that unto me and my Conscience he which in any point believeth otherwise than I do and standeth wilfully in the same is an Infidel for that he believeth not that which in my Faith and Conscience is the onely and sole Truth whereby he must be saved And if our Saviour Christ himself in his Gospel doth will certain men to be held for Heathens not so much for difference in Faith and Religion as for lack of Humility and Obedience to the Church how much more may I hold him so that in my opinion is an enemy to the Truth and consequently so long as I have this opinion of him albeit his Religion were never so true yet so long I say as I have this contrary perswasion of him I shall do against my Conscience and sin damnably in the sight of God to prefer him to a Charge where he may draw many others to his own errour and perdition wherein I do perswade my self that he remaineth This Doctrine which is common among all Divines is founded upon that discourse of S. Paul to the Romans and Corinthians against such Christians as being invited to the banquets and tables of Gentiles and finding Meats offered to Idoles which themselves do judge to be unlawful to eat did yet eat the same both to the scandal of other infirme men there present as also against their own Judgment and Conscience which the Apostle saith was a damnable sin and this not for that the thing in it self was evil or unlawful as he sheweth but for that they did judge it so and yet did the contrary Qui discernit si manducaverit aamnatus est saith the Apostle He that discerneth or maketh a difference betwean this Meat and others as judging this to be unlawful and yet eateth it he is damned that is to say he sinneth damnably or mortally Whereof the same Apostle yieldeth presently this reason Quia non ex fide i. e. for that he eateth not according to his faith or belief but rather contrary for that he believing it to be evil and unlawful doth notwithstanding eat the same And hereupon S. Paul inferreth this universal Proposition Omne autem quod non est ex side peccatum est i. e. All that is not of faith or according to a mans own belief is sin to him for that it is against his own Conscience Judgment and Belief believing one thing and doing another And seeing our own Conscience must be
be loth to have you go away with my tale half told for that it is a matter of much moment as toâ—morrow you shall hear All were content with this resolution and so departed every man to his Lodging with purpose to return the next morning somewhat more early than their accustomed hour to the end the matter might be throughly debated CHAP. III. Of Kings lawfully chastised by their Common-wealths for their Misgovernment and of the good and prosperous Success that God hath commonly given to the same THe Company was no sooner come together the next morning but they were all at the Civilian Lawyer to perform his promise and to prosecute the matter he had propounded the night before To whom he answered You require of me if I be not deceived two points joyntly to be proved unto you The first That Common-wealths have chastized sometimes lawfully their lawful Princes though never so lawfully descended or otherwise lawfully put in possession of their Crown And secondly That this hath fallen out ever or for the most part commodious to the weal publick and that it may seem that God approved and prospered the same by the good Success and Successors that ensued thereof Which two points I am content quoth he to shew unto you by some examples for that the reasons hereof have in part been declared before and shall be more in particular hereafter but yet must I do this with the protestation before-mentioned that nothing be taken out of this my Speech against the Sacred Authority and due Respect and Obedience that all men do ow unto Princes both by God's Law and Nature as hath been proved but only this shall serve to shew that as nothing under God is more honourable amiable profitable or sovereign than a good Prince so nothing is more pestilent or bringeth so great Destruction and Desolation as an evil Prince And therefore as the whole Body is of more Authority than the only Head and may cure the Head if it be out of tune so may the weal publick cure or cut off their Heads if they infect the rest seeing that a Body Civil may have divers Heads by Succession and is not bound ever to one as a Body Natural is which Body Natural 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 confess that it had authority sufficient and reason to do the same rather than all the other parts should perish or live in pain and continual torment But yet much more clearer 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 proof of both the points joyntly which you require I might begin perhaps with some Examples out of the Scripture it self but that some man may chance to say that these things recounted there of the Jews were not so much to be reputed for Acts of the Commonwealth as for particular Ordinations of God himself 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 ordain or put in ure in his Commonwealth that may also be practised by other Commonwealths now having his authority and approbation for the same Wherefore said he I do hasten to Examples that are more nearer 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 do appertain to this purpose also and these are the Deprivation and putting to Death of two wicked Kings of Juda named Saul and Amon though both of them were lawfully placed in that Dignity and the bringing in of David and Josias in their rooms who were the two most excellent Princes that ever that Nation or any other I think have had to govern them And first King Saul though he were elected by God as you know to that Royal Throne yet was he slain by the Philistines by God's order as it was foretold him for his Disobedience and not fulfilling the Law and Limits prescribed unto him Amon was lawful King also and that by natural Descent 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 Successors as I have named the like whereof are not to be found in the whole rank of Kings for a Thousand years together For of Josias it is written Fecit quod erat rectum in conspectu Domini non declinavit neque ad dextram neque ad sinistram He did that which was right in the sight of God neither did he decline to the right hand nor the left He reigned 31. years and Jeremias the Prophet that lived in his time loved this good King so extremely as he never ceased afterwards to lament his Death as the Scripture saith As for King David it shall not be needful to say any thing how excellent a King he was for as many learned men do note he was a most perfect pattern for all 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 than to the truth of the story but rather as one that passed far in Acts that which is written of him and this not only in matters of Religion Piety and Devotion but also of Chivalry Valour Wisdom and Policy neither is it true which Nicholas Matchivel the Florentine and some others of his new Unchristian School do affirm for defacing of Christian Virtue That Religion and Piety are oftentimes le ts to politick and wise Government and do break or weaken the high Spirits of magnanimous men to take in hand great Enterprizes for the Commonwealth 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 perfecteth Nature so as he which by nature is Valiant Wise Liberal or Politick 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 politick Prince For first of all he began with Reformation of his own Court and Realm in matter of Life and Service to God wherein he used the Counsel and Direction of Gad and of Nathan the Prophet as also of Abiather and Hiram the Chief Priests and of Heman his wise Counsellor He reduced the whole Clergy into Twenty four Degrees appointing Four Thousand Singers
with divers sorts of musical Instruments under Asaph Heman and other principal men that should be Heads of the Choir He appointed all Officers needful both for his Court and also the Commonwealth with the Arms of the Crown which was a Lion in remembrance of the Lion that he slew with his own hands when he was a Child He ordained a Mint with a peculiar form of Money to be stamped took order for distributing Relief to the poor and other like Acts of a prudent and pious Prince After all this he turn'd himself to his old Exercise of War to which he was given from his childhood being wonderful 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 himself a great Warrier and renowned Captain many years in the service of Saul against the Philistines and had gained many noble Victories so much more did he after he was King himself for that he conquered not only the Philistines but also the Amorites Idumeans and Moabites with the Kings and People of Damasco and all Syria even unto the River Euphrates and left all these Countries peaceable to his Successor and the Scripture recounteth in one only Chapter how that in three or four Battels wherein David himself was present within the space of two or three years almost a hundred thousand Horse and Foot were slain by him and that himself slew in his days eight hundred with his own hands and that he made by his Example Thirty seven such Captains as each one of them was able to lead and govern a whole Army and yet among all these Expences of Wars had he care to lay up so much Money and Treasure as was sufficient for the building an huge and wonderful Temple after him which he recommended to his Son Solomon And amidst all this Valour and Courage of so warlike a King and Captain had he so much Humility as to humble himself to Nathan the Prophet when he came to rebuke him for his Fault and so much Patience and Charity as to pardon Shimâ—i that reviled him and threw stones at him in the High-way as he went And among so many and continual businesses both Martial and Civil and great affairs of the Commonwealth he had time to write so many Psalms as we see and to sing praises 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 died as never Prince I think before him nor perhaps after him so joyned together both Valour and Vertue Courage and Humility Wisdom and Piety Government and Devotion Nobility and Religion Wherefore though I have been somewhat longer than 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 return to the Romans of whom we spake before we shall find divers things notable in that State also to the purpose we have in hand For before I told you how that Romulus their first King having by little and little declined into Tyranny he was slain and cut in pieces by the Senate which at that time contained a hundred in number and in his place was chosen Numa Pompilius the notablest King that ever they had who prescribed all their order of Religion and manner of Sacrifices imitating therein and in divers points the Rites and Ceremonies of the Jews as Tertullian and other Fathers do note He began also the building of their Capitol added the two Months of January and February to the Year and did other such notable things for that Common-wealth Again When Tarquinus the proud their seventh and last King was expelled by the same Senate for his evil Government and the whole Government changed as before hath been touched we see the success was prosperous for that not only no hurt came thereby to the Commonwealth but exceeding much good seeing their Government and increase of Empire was so prosperous under their Consuls for many years in such sort that whereas at the end of their Kings Government they had but fifteen miles Territory without their City it is known that when their Consuls Government ended and was changed by Julius Caesar their Territory reached more â—han fifteen thousand miles in compass for that they had not only Europe under their Dominion but the principal parts also of Asia and Africa So as this chastisement so justly laid upon their Kings was profitable and beneficial to their Commonwealth also Moreover When Julius Caesar upon particular Ambition had broken all Law both Humane and Divine and taken all Government into his own hands alone he was in revenge thereof slain as the World knoweth by Senators in the Senate-house and Octavianus Augustus preferred in his room who proved the most famous Emperor that ever was I might note here also how Nero sixth Emperor of Rome which succeeded lawfully his Unkle Claudius in the Empire and being afterward deposed and sentenced to Death by the Senate for his wicked Government which was the first judicial Sentence that ever the Senate gave against an Emperour albeit peace ensued not presently but that Galba Otho and Vitellius three Captains of the Empire made some little interludes of tragical killing one another yet within few months the whole Empire by that means fell upon Vespatian and his Son Titus two of the best Governours that ever those times saw The like might be noted of the noble rank of five excellent good Princes viz Nerva Trajan Adrian Antonius Pius and Marcus Aurelius that ensued in the Empire by the just Death of cruel Domitian which Execution the Senate is thought in secret to have procured not being able to perform it openly by Justice which was seen by that that when the act was done the Senate did presently by publick Decree allow of the same and disannulled all his barbarous Acts for their exceeding Cruelty and commanded his Arms and Memories to be pulled down every where and chose for his Successor one Coccenis Nerva an Italian a man of excellent Vertue by whom they enjoyed not only the most prosperous time of his Government but of all those four before-named that ensued him no less worthy than himself Not long after the succession of these excellent good Emperours there came to the Crown by lawful Descent of Bloud a Youth named Antonius Heliogabalus Son of the Emperour Antonius Carcalla and Nephew to the most famous and noble Emperour Septimus Severus that died in England Which Youth as he was greatly loved and honoured a great while for so worthy a Grand-father so afterwards for his own most beastly Life and foul Actions he was
Nation that was lawfully and orderly preferred to the Imperial Seat after that it passed from the Children of Charles the Great and there be divers points worthy the noting in this example and among other that albeit he were lawful King and Emperor by Succession as also by appointment of his Father Yet was he chosen and admitted again by the Prince and People and that he Swore to fulfil all those points and conditions which the signification of the Emperial Ornament did bind him unto After this about sixteen years or more Pope Gregory the fifth in a Synod holden in Rome did by the consent of Otho the third Emperour and Nephew unto this other Otho of whom we have now treated appoint a certain Form of Election for the time to come of the German Emperour to wit that he should be chosen by six Princes of Germany three Ecclesiastical which are the Archbishops of Moguntia Colen and Trevires and three Temporal Lords to wit the Duke of Saxony the Count Palatine of Rhene and the Marquess of Brandeuburg and when these six voices should happen to be equally divided then that the Duke of Bohemia for then it was no Kingdom should have place also to determine the Election All which was determined in the year of Christ 996. in Rome and approved afterward by all the Princes of Germany and allowed by all other Christian Princes and States of the World and so endureth unto this day And among all other points this of his Coronation and his Oath to be taken for his well Government was and is most exactly set down and recorded by many Historiographers of that time and since But I shall aledge them out of John Sleydan as the most convenient Author for this our time and purpose First of all then he Writeth that after any Man is chosen Emperour he is to be called only Caesar and the King of the Romans and not Emperour until he be Crowned and the Conditions which he Sweareth unto presently after his Election Are to defend the Christian and Catholick Religion to defend the Pope and Church of Rome whose Advocate he is to Minister Justice equally to all to follow Peace to keep and observe all Laws Rights and Priviledges of the Empire not to alienate or engage the possessions of the Empire to condemn no Man without hearing his cause but to suffer the course of Law to have its place in all and whatsoever he shall do otherwise that it be void and of no Validity at all Unto all these Articles he Sweareth first by his Legates and then he giveth a Copy of his Oath in Writing to every one of the six Electors and after this he goeth to the City of Aquis-grun to be Crowned in that great Church where about the middle of the Mass the Archbishop of Colen goeth unto him in the presence of all the People and asketh whether he be ready to Swear and promise to observe the Catholick Religion defend the Church Minister Justice protect the Widdows and Fatherless and yield dutiful Honour and Obedience to the Pope of Rome Whereunto he answering That he is ready to do all this The Archbishop leadeth him to the high Altar where he Sweareth in express words all these Articles which being done the said Archbishop turning himself to the Princes of the Empire and People there present doth ask them Whether they be content to Swear Obedience and Fealty unto him Who answering Y a He is Annointed by the said Archbishop before the Altar and then do come the other two Archbishhps of Moguntia and Treviers and do lead him into the Vestery where certain Deacons are ready to Apparel him in his Robes and do set him in a Chair upon whom the Archbishop of Colen sayeth certain Prayers and then delivereth him a Sword drawn and putting a Ring upon his finger and giveth him a Scepter in his hand and then all the three Archbishops together do put on the Crown upon his head and leading him so Crowned and Apparreled unto the high Altar again He Sweareth the second time That he will do the part of a good Christian and Catholick Emperor Which being ended he is brought back and placed in the Emperial seat and Throne where all the Princes of the Empire do Swear obedience and faith unto him beginning with the three Archbishops and continuing on with the three other Electors and so all the rest in order which is a notable and magestical manner of admitting and authorising of a Prince as you see and it is to be marked among other things that the Emperour Sweareth three times once by his Deputies and twice by Himself before his Subjects Swear once unto him and yet will Belloy as you have heard needs have Subjects only bound to their Princes and the Prince nothing at all bound to them again In Polonia which being first a Dukedom was made a Kingdom about the same time that this form of electing of the German Emperour was prescribed the manner of Coronation of their King is in substance the very same that we have declared to be of the Emperour For first of all the Archbishop of Guesua Metropolitant of all Polonia cometh to the King standing before the high Altar and sayeth unto him these words Whereas you are right Noble Prince to receive at our hands at this day who are thought unworthily in place of Christ for execution of this Function the sacred Anointing and other Ceremonies Ensigns and Ornaments appertaining to the Kings of this Land it shall be well that we admonish you in a few words what the charge importeth which you are to take upon you c. Thus he beginneth and after this he declareth unto him for what end he is made King what the obligation of that place and dignity bindeth him unto and unto what points he must Swear what do signifie the Sword the Ring the Scepter and the Crown that he is to receive and at the delivery of each of these things he maketh both a short exhortation unto him and prayer unto God for him And the Kings Oath is in these Words Promitto coram Deo Angelis ejus I do promise and Swear before God and his Angels that I will do Law and Justice to all and keep the Peace of Christ his Church and the union of his Catholick Faith and will do and cause to be done due and Canonical Honour unto the Bishops of this Land and to the rest of the Clergy and if which God forbid I should break my Oath I am content that the Inhabitants of this Kingdom owe no Duty or Obedience unto me as God shall help me and Gods holy Gospels After this Oath made by the King and received by the Subjects the Lord Martial General of the whole Kingdom doth ask with a loud voice of all the Councellors Nobility and People there present Whether they be content to submit
first Christian King Clodoveus not full 500. Years after Christ as French Authors do hold At what time also they recount a great miracle of Holy Oyl sent from Heaven by an Angel for anointing Clodoveus whereof they say they have still remaining for the anointing of their Kings at Rhemes which point I will not stand to treat or discourse in this place but rather will refer my Reader to the foresaid Chapter of Francis Belforest Chronicler of France who alledgeth divers Writers of almost 500. years antiquity that write of the same But howsoever that be very probable it seemeth that all the ceremonies of Coronation in Germany and Polonia before-recited which had their beginning long after the Reign of Clodoveus might be taken from thence and so the affinity and likeness of the one to the other doth seem to agree and Garribay also the Chronicler of Spain and of Navarre in his 22. Book talking of this Custom of Anointing and Crowning the Kings of Navarre saith that this excellent custom began there I mean in Navarre above 800 Years past and was brought in by certain Earls of Champayn of France named Theobaldes who coming to attain that Crown brought with them that Reverend Ceremony of Anointing and Crowning their Kings according to the use of the French which custom endureth until this day in that part of Navarre that is under the house of Vandome albeit in the other that is under the Spaniards which is far the greater it was left off in the Year 1513. when Ferdinand sirnamed the Catholick King of Spain entred thereupon for that the Spanish Kings are never anointed nor crowned but otherwise admitted by the Common-Wealth as before I have declared But among all other Kingdoms it seemeth that England hath most particularly taken this custom and ceremony from France not only for the reason before-alledged that divers of our English Kings have come out of France as William the Conquerour born in Normandy King Stephen son to the Earl of Blois and Bullen a Frenchman and King Henry the second born likewise in France and son to the Earl of Anjou but also for that in very deed the thing it self is all one in both Nations And albeit I have not seen any particular Book of this Action in England as in French there is yet it is easy to gather by Histories what is used in England about this affair For first of all that the Arch-Bishop of Canterbury doth ordinarily do 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 Virgil in his History noteth that Pope Alexander did interdict and suspend the Arch-bishop of York 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 at his Fathers perswasion and divers do attribute the unfortunate success of the said King Henry the younger that rebelled against his Father to this disorderly and violent Coronation by his Father's appointment secondly that the first thing which the said Arch-bishop requireth at the new King's hands at his Coronation is about Religion Church matters and the Clergy as in France we have seen it appeareth evidently by these words which the same Arch-bishop Thomas sirnamed commonly the Martyr remaining in banishment wrote to the same King Henry the second which are these Memores sit is confessionis quam fecistis posuistis super altare apud Westmonasterium de servanda Ecclesiae liberiate quando consecrati fuistis uncti in Regem à praedecessore nostro Thebaldo Which is Do you call to your remembrance the Confession which you made and laid upon the Altar at Westminster for keeping and defending the liberty of the Church when you were consecrated and anointed King by Thebaldus our predecessor By which words appeareth that as the King of England was consecrated and anointed in those days by the Arch-bishop of Canterbury so did he swear and give up his Oath also in writing and for more solemnity and obligation laid it down or rather offered it up with his own hands upon the Altar so much as was required of him by the said Arch-bishop and Clergy for the special safety of Religion and these Ecclesiastical Liberties which is the self same point that we have seen before as well in the Oath of the Kings of France as also of Polonia and Spain and of the Emperours both Grecian and Gerusan The very like admonition in effect I find made by another Thomas Arch-bishop of Canterbury to another King Henry to wit by Thomas Arundel to King Henry the Fourth when in a Parliament holden at Coventry in the year 1404 the King was tempted by certain temporal men to take away the Temporalities from the Clergy whereunto when the said Arch-bishop Thomas had answered by divers reasons at last turning to the King he besought him saith Stow to remember the Oath which he voluntarily made that he would honour and defend the Church and Ministers thereof Wherefore he desired him to permit and suffer the Church to enjoy the Priviledges and Liberties which in time of his Predecessors it did enjoy and to fear that King which reigneth in Heaven and by whom all other Kings do reign Moreover he desired him to consider his promise also to all the Realm which was that he would preserve unto every man their Right and Title so far as in him lay By which speech of the Arch-bishop the King was so far moved as he would hear no more of that Bill of Laity but said that he would leave the Church in as good estate or better than he found it and so he did but yet hereby we come to learn what Oath the Kings of England do make at their Coronations touching the Church and Clergy The other conditions also of good Government are partly touched in the speech of the Arch-bishop and much more expressly set down in the King of Englands Oath recorded by ancient Writers for for that he sweareth as both Holinshead and others do testify in their English Histories in these very words to wit That he will during his Life bear reverence and honour unto Almighty God and to his Catholick Church and unto his Ministers and that he will administer Law and Justice equally to all and take away all unjust Laws Which after he had sworn laying his hands upon the Gospels then doth the Arch-bishop turning about to the people declare what the King hath promised and sworn and by the mouth of an Herauld at Arms 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 yielded themselves then beginneth the Arch-bishop to put-upon him the Regal Ornaments
by you before which divers Commonwealths had in putting back oftentimes Children and impotent People though otherwise next in Blood from Succession and preferring more able Men though further off by Descent for that they were more like to defend well their Realm and Subjects than others were But to proceed said he more distinctly and more perspicuously in this matter I would have you call to mind one Point among others which I alledged before out of Gerard the French Author to wit that the King of France in his Coronation is new apparelled three times in one day once as a Priest and then as a Judge and last as King armed Thereby to signify three things committed to his Charge First Religion then Justice then Manhood and Chivalry for the Defence of the Realm This Division seemeth to me very good and fit quoth he and to comprehend all that a Wel-Publick hath need of for her happy State and Felicity both in Soul and Body and for her end both Supernatural and Natural For by the First which is Religion her Subjects do attain unto their end Spiritual and Supernatural which is the Salvation of their Souls and by the Second and Third which are Justice and Defence they enjoy their Felicity Temporal which is to live in Peace among themselves and Safety from their Enemies for which Cause it seemeth that these are the three Points which most are to be regarded in every Prince that cometh to Government and much more in him that is not yet admitted thereunto but offereth himself to the Commonwealth for the same purpose And for that the latter two of these three Points which are Justice and Manhood hath been often had in consideration in the Examples of Changes before mentioned and the first Point which is Religion hath rarely or never at all been talked of for that in former times the Prince and the People were always of one and the same Religion and scarce ever any question or doubt fell in that behalf which yet in our days is the principal difference and chiefest difficulty of all other For these Causes I say shall I accommodate my self to the circumstance of the time wherein we live and to the present Case which is in question betwixt us about the Succession of England and leaving aside those other two Considerations of Justice and Chivalry in a King which are far less important than the other though yet so highly regarded by ancient Commonwealths as you have heard I shall treat principally of Religion in this place as of the first and highest and most necessary Point of all other to be considered in the Admission of any Prince for the profit of his Subjects for that without this he destroyeth all and with this albeit he should have defects in the other two Points of Justice and Manhood yet may it be holpen or his defect or negligence may be supplyed much by others as after I shall shew more in particular but if he want Fear of God or care of Religion or be perversly perswaded therein the damage of the Wel-Publick is inestimable First of all then for beter understanding of this Point we are to suppose that the first chiefest and highest end that God and Nature appointed to every Commonwealth was not so much the temporal felicity of the Body as the Supernatural and Everlasting of the Soul and this was not only revealed to the Jews by Holy Scriptur but also unto the Gentils and Heathens by the Instinct and Light of Nature it self For by this Light of Natural reason the Learned sort of them came to understand the immortality of the Soul and that her Felicity Perfection and full Contentment which they called her final End and Summum Bonum could not be in this Life nor in any thing Created under Heaven but must needs be in the Life to come and that by attaining to enjoy some infinit endless and immortal Object which could fully satisfy the appetit of our Soul and this could be no other than GOD the Maker of all himself And that consequently all other things of this transitory Life and of this humane Commonwealth subject to mans eyes are ordained to serve and be subordinate and directed to the other Higher End and that all mans actions in this World are first of all and in the highest degree to be employed to the recognising serving and honouring of this great Lord that governeth the whole as Author and End of all To this Light I say came the Heathens even by the Instinct and Direction of Nature whereof ensued that there was never yet Pagâ—n Philosopher that wrote of framing a good Commonwealth as Socrates Plato Plutarch Cicero and others neither Law-maker among them that left Ordinances for the same purpose as Deucalion Minos Zaleucus Lycurgus Solon Jon Numa or the like which besides the temporal end of directing things well for the body had not especial care also of matters appertaining to the mind to wit of nourishing honouring and rewarding of Vertue and for restraining and punishing of Vice and Wickedness whereby is evident that their end and butt was to make their Citizens Good and Vertuous which was an higher end than to have a bare consideration of temporal and bodily Benefits only as many Governours of our days though Christians in name seem to have who pretend no higher and in their Government than Bodily Wealth and a certain temporal King of Peace and Justice among their Subjects which divers beasts also do reach unto in their Congregations and Commonwealths as is to be seen among Emmets and Bees Cranes Lions and other such Creaturs that by Instinct of Nature are sociable and do live in company and consequently also do maintain so much Order and Policy in their Commonwealth as is needful for their preservation and continuance But Nature taught Man a far higher and more excellent End in his Commonwealth which was not only to provide for those bodily Benefits that are common also to creatures without Reason but much more for those of the Mind and above all for the serving of that High and Supreme God that is the Beginning and End of all the rest For whose Service also they learned by the same Instinct and Institution of Nature that the chiefest and supremest Honour that could be done unto him in this life by man was the Honour of Sacrifice and oblations which we see was begun and practised even in those first beginnings of the Law of nature before the Levitical Law and the particular Forms of this same Law were prescribed by Moses For so we read in Genesis of Noach that he made an Altar and offered Sacrifices to God upon the same of all the Beasts and Birds that he had in the Ark odor atusque est Dominus odorem suavitatis And God received the smell of these Sacrifices as a sweet smell Which is to say that God was highly pleased therewith
our Witness at the Last Day to condemn or deliver us as before I have said he must needs sin grievously or damnably as the Apostle here saith who committeth any thing against his own Conscience though otherwise the thing were not only indifferent but very good also in it self for that of the doers part there wanteth no malice or will to sin seeing he doth that which he apprehendeth to be naught though in it self it be not And now to apply all this to our purpose for England and for the matter we have in hand I affirm and hold that for any man to give his help consent or assistance towards the making of a King whom he judgeth or believeth to be faulty in Religion and consequently would advance either no Religion or the wrong if he were in Authority is a most grievous and damnable sin to him that doth it of what side soever the Truth be or how good or bad soever the Party be that is preferred For if S. Paul have pronounced so absolutely and plainly in the place before alledged that even in eating of a piece of Meat it is damnable for a man to discern and yet eat what may we think will it be in so great and important a matter as the making of a King is for a man to dissemble or do against his own Conscience and Judgment that is to say to discern and judge that he is an Infidel or Heretick or wicked man or Atheist or erroneous in Religion and yet to further his Advancement and Government over Christians where he shall be able to pervert infinite and to pull down all Honour and Service due unto God and whether he do this evil afterwards or no yet shall I be guilty of all this for that knowing and perswading my self that he is like or in disposition to do it yet for fear flattery carelesness kindred emulation against others vain pretence of Title lack of Zeal to God's Cause or for other the like passions or temporal respects I do favour further or sooth him in his pretences or do not resist him when it lieth in my power by all which I do justly make my self guilty of all the evils hurts miseries and calamities both temporal and spiritual which afterwards by his evil Government do or may ensue for that I knowing him to be such a one did notwithstanding assist his Promotion And thus much now for matter of Conscience but if we consider Reason of State also and worldly Policy it cannot be but great folly and oversight for a man of what Religion soever he be to promote to a Kingdom in which himself must live one of a contrary Religion to himself for let the Bargains and Agreements be what they will and fair promises and vain hopes never so great yet seeing the Prince once made and settled must needs proceed according to the Principles of his own Religion it followeth also that he must come quickly to break with the other Party though before he loved him never so well which yet perhaps is very hard if not impossible for two of different Religions to love sincerely but if it were so yet so many jealousies suspicions accusations calumniations and other aversions must needs light upon the Party that is of different Religion from the State and Prince under whom he liveth as not only he cannot be capable of such Preferments Honours Charges Governments and the like which men may deserve and desire in their Commonwealths but also he shall be in continual danger and subject to a thousand molestations and injuries which are incident to the condition and state of him that is not currant with the course of his Prince and Realm in matters of Religion and so before he be aware he becometh to be accounted an enemy or backward man which to remedy he must either dissemble deeply and against his own Conscience make shew to favour and set forward that which in his heart he doth detest which is the greatest Calamity and Misery of all other though yet many times not sufficient to deliver him from Suspicion or else to avoid this everlasting perdition he must break withal the temporal Commodities of this Life and leave the Benefits which his Countrey and Realm might yield him and this is the ordinary end of all such men how soft and sweet soever the beginnings be And therefore to conclude at length all this tedious Speech wherewith I fear me I have wearied you against my will seeing there be so great Inconveniences and Dangers both Temporal and Eternal and in respect both of God and man Body and Soul as hath been declared to advance a Prince of contrary Religion to the Crown and considering that in England there is so great diversity of Religions as the World knoweth between these Parties and Factions that have to pretend or admit the next Prince after her Majesty that now is calling to mind also the great Liberty Scope and Authority which the Commonwealth hath in admitting or rejecting the Pretenders upon Considerations be their Right of Succession never so plain or clear as before hath been shewed and laying finally before our eyes the manifold and different Acts of Christian Realms before mentioned in this Affair all these things I say being laid together you may see whether I had reason at the beginning to think and affirm that it was a doubtful Case who should be our next Prince after the Queens Majesty that now sitteth at the Stern and if beyond all this that I have said our Friend the common Lawyer here present shall prove also as at the first entrance he promised that among such as do or may pretend of the Blood Royal at this day their true Succession and next propinquity by Birth is also uncertain and disputable then is the matter made thereby much more ambiguous and God only knoweth who shall prevail and to him only is the matter to be commended as far as I see and with this I make an end thanking you most heartily for your patience and craving pardon for that I have been too long or for any other fault that in this Speech I have committed The End of the First PART THE PREFACE OF THE Second Part. THe Civilian had no sooner ended his Discourse but all the Company being most desirous to hear what the Temporal Lawyer had prepared to say about the several Titles of the present Pretenders to the Crown of England began with one accord to request him earnestly for the performance of his promised Speech in that behalf who shewing himself neither unwilling nor unready for the same told them that he was content to yield to their desires but yet with one condition which was that he would take in hand this matter with the same asseveration and protestation with the Civilian in some occasions had used before him and it liked him well to wit that having to speak in this Discourse of many Princes Peers
far greater as now they live than in that case it would be suffered their King coming hereby to be of greater Power to force them to the form of English Subjection as no doubt but in time he would And seeing the greatest utility that in this Case by reason and probability can be hoped for by this Union is That the Scotish Nation should come to be advanced in England and to be made of the Nobility both Temporal and Spiritual and of the Privy-Council and other like Dignities of Credit and Confidence for otherwise no union or amity can be hoped for and considering That the King both for his own safety as hath been said as also for gratitude and love to his allied Friends must needs plant them about him in chief places of Credit which are most opposite to English Natures and by little and little through occasion of Emulations and of Controversies that will fall out daily betwixt such diversity of Nations he must needs secretly begin to favour and fortifie his own as we read that William the Conquerour did his Normands and Canutus before him his Danes to the incredible Calamity of the English Nation though otherwise neither of them was of themselves either an evil King or an Enemy to the English-Bloud but driven hereunto for their own safety and for that it was impossible to stand Newter in such national Contentions If all this I say fell out so then as we know it did and our Ancestors felt it to their extreme Ruine what other effect can be hop'd for now by this violent union of Nations that are by nature so dis-united and opposite as are the English Scotch Irish Danish French and other on them depending which by this means must needs be planted together in England And if we read that the whole Realm of Spain did refuse to admit St. Lewis King of France to be their King in Spain to whom yet by Law of Succession it was evident and confessed by the Spaniards themselves as their Chronicler Garibay writeth that the Right most clearly did appertain by his Mother Lady Blanch eldest Daughter and Heir of King Alonso IX and that they did this only for that he was a French-man and might thereby bring the French to have chief Authority in Spain And if for this Cause they did agree together to give the Kingdom rather to Ferdinando III. that was Son of Lady Berenguela younger Sister to the said Lady Blanch and if this determination at that time was thought to be wise and provident tho' against all right of Lineal Succession and if we see that it had good success for that it endureth unto this day what shall we say in this case say these men where the King in question is not yet a St. Lewis nor his Title to England so clear as that other was to Spain and the aversion â—etwixt his Nation and ours much greater than was that betwixt the French and Spanish Thus they do reason Again we heard out of the discourse made by the Civilian before how the States of Portugal after the death of their King Don Ferdinando the second of that Name who left one only Daughter and Heir named Lady Beatrix married unto John I. King of Castile to whom the Succession without all Controversie did appertain they rather determined to chuse for their King a Bastard-brother of the said Don Ferdinando named John than to admit the true Inheritrix Beatrix with the Government of the Castilians by whom yet they being much the richer People the Portugals might hope to reap far greater utility than English-men can do by Scotland considering it is the poorer Countrey and Nation And this is that in effect which these men do answer in this behalf noting also by the way that the Romans themselves with all their Power could never bring Union or Peace between these two Nations of England and Scotland nor hold the Scots and North-Irish in Obedience of any Authority in England and so in the end they were enforced to cut them off and to make that famous Wall begun by Adrian and pursued by other Emperours to divide them from England and bar them from joyning as all the World knoweth and much less shall any one King in England now hold them all in Obedience let him be of what Nation he will And this for the utility that may be hoped for by this Union But now for the point alledged by the favourers of Scotland about establishment of true Religion in England by the entrance of this King of Scots these other men do hold that this is the worst and most dangerous point of all other considering what the state of Religion is in Scotland at this day and how different or rather opposite to that form which in England is maintained and when the Archbishops Bishops Deans Archdeacons and other such of Ecclesiastical and Honourable Dignities of England shall consider that no such Dignity or Promotion is left now standing in Scotland no nor any Cathedral or Collegiate Church is remained on foot with the Renâ—s and Dignities thereunto appertaining and when our Nobility shall remember how the Nobility of Scotland is subject at this day to a few ordinary and common Ministers without any Head who in their Synods and Assemblies have Authority to put to the Horn and drive out of the Realm any Noble-man whatsoever without remedy or redress except he will yield and humble himself to them and that the King himself standeth in aw of this exorbitant and popular power of his Ministers and is content to yield thereunto It is to be thought say these men that few English be they of what Religion or Opinion soever will shew themselves forward to receive such a King in respect of his Religion that hath no better Order in his own at home And thus much concerning the King of Scotland Now then it remaineth that we come to treat of the Lady Arabella second Branch of the House of Scotland touching whose Title though much of that which hath been said before for or against the King of Scotland may also be understood to appertain unto her for that she is of the same House yet I shall in this place repeat in few words the principal points that are alledged in her behalf or prejudice First of all then is alledged for her and by her â—avourers that she is descended of the foresaid Lady Margaret eldest Daughter of King Henry VII by her second Marriage with Archibald Douglas Earl of Anguis and that she is in the third degree only from her for that she is the Daughter of Charles Stuart who was Son of Margaret Countess of Lenox Daughter to the said Lady Margaret Queen of Scots so as this Lady Arabella is but Neece once removed unto the said Queen Margaret to wit in equal degree of descent with the King of Scots which King being excluded as the favourers of this Woman do
the Reasons that were on both Parties for this matter and so much the more for that it seemed to Fall very fit to the purpose of these pretences of Foreign Princes for which cause they entreated him very instantly that before he passed any further or ended his whole discourse of the Titles which hitherto they said had greatly contented them he would stay himself a little upon this matter which though for a time he made great difficulty to do yet in the end being so importuned by them he promised that at their Meeting the next day he would satisfie their desire and so for that time they departed very well contented but yet as they said with their Heads full of Titles and Titlers to the Crown CHAP. IX Whether it be better to be under a Foreign or Home born Prince and whether under a great and mighty Monarch or under a little Prince or King THe Company being gathered together the next day and shewing much desire to hear the point discussed about Foreign Government whereof mention had been made the day before the Lawyer began to say That for so much as they would needs have him to enter into that matter which of it self was full of prejudice in most mens ears and minds for that no Nation commonly could abide to hear of being under strange Governours and Governments he meant to acquit himself in this their Request as he had done in other matters before which was to lay down only the Opinions and Reasons of other men that had disputed this Affair on both sides before him and of his own to affirm or deny nothing And first of all against the Dominions of Strangers and Foreigners he said that he might discourse without end and fill up whole Books and Volumes with the Reasons and Arguments or at least wise with the dislikes and aversions that all men commonly had to be under strangers or to have any Aliens to bear Rule or Charge over them be they of what Condition State or Degree soever and in this he said that as well Philosophers Lawmakers wise and good men as others do agree commonly for that we see both by their Words Writings and Facts that they abhorr to subject themselves to strange Governments so as in all the eight Books of Aristotles's Politicks you shall still see that in all the different Forms of Commonwealths that he setteth down he presupposeth ever that the Government shall be by People of the self same Nation and the same thing do presume in like manner all those Law-makers that he there mentioneth to wit Minois Solon Lycurgus Numa Pompilius and the rest and he that shall read the Famous Invectives of Demosthenes against the pretentions of King Philip of Macedonia that desired to incroach upon the Athenians and other States of Greece as also his Orations against Aeschinos his Adversary that was thought secretly to Favour the said Foreign Prince shall see what Hatred that noble Orator had against Foreign Government and he that shall read the Books of our time either of the Italians when they spake of their Subjection in times past to the Lombardes German or French Nations or to the Spaniards at this day or shall consider what the French do presently write and inveigh against the Power of the House of Guyse and Lorayne in France for that they take them to be Strangers shall easily see how deeply this aversion against Strangers is rooted in their Hearts and this for Testimony of words But now if we will consider the Facts that have ensued about this matter and how much Blood hath been â—hed and what desperate Attempts have been taken in hand by divers Nations for avoiding their subjection to strangers or for delivering themselves from the same again if once they have faln into it you shall behold more plainly the very Impression of Nature her self in this Affair for of divers barbarous Nations Realms and Cities we read in Histories we read that they rather chose to slay and murder themselves than to be under the Dominion of Stranger others have adventured strange Attempts and Bloody Stratagems as the Sicilians who in one day and at the self same hour at the time of Evening Sâ—ng slew all the French-men that were within the Island whom yet themselves had called and invited thither not long before And the like is recorded in our English Histories of killing the Danes by English men at one time in most ruful manner And the like was oftentimes thought on also by the English against the Normans when they Oppressed us and by the French against the English whiles we had Dominion in Franâ—e though neither the one nor the other of these latter designments could be effectuated for want of Forces and Commodity by reason of the watchfulness of the contrary part But yet to speak only of France the Rage and Fury of the French was generally so great and implacable against the English that Governed there in the Reign of King Henry the VI. as both Polydor and other Histories do note â—t what time partly by the dissensions of the Houses of York and Lancaster in England and partly by the valour of their own new King Charles the VII they had hope to be rid of the English Dominion as no Perswasion or Reason no Fear of Punishment no Force of Arms no Promise or Threat no Danger no Pity no Religion no Respect of God nor Man could repress or stay them from rising and revolting every where against the English Government and Governours murthering those of the English Nation in all parts and corners wheresoever they found them without remorse or compassion until they were utterly delivered of their Dominion So as this matter is taught us say these men even by Nature her self that Strangers Government is not to be admitted and moreover the reasons before alledged against the King of Scotlands pretence together with the example and judgments of the Realms of Spain and Portugal who resolved rather to alter the true Order and Course of their Succession than to admit Strangers over them do plainly Confirm the same And last of all say these men the Authority of Holy Scripture is evident in this behalf for that whenâ— God in Deuteronomy did fortel by Moses that the Jews in time would come to change their Government and to desire a King as other Nations round about them had he added yet this express Condition that he should be only of their own Nation for he saith Constitues eum quem Deus tuus elâ—gerit de numero fratrum tuorum non poteris altertus gentis hominem Regem facere qui non sit frater tuus that is Thou shalt make a King at that time such a one as thy Lord God shall chuse for that dignity out of the number of thy Brethren but thou mayst not make a King of any other Nation but of thy own Brethren
same and as for Demosthenes no marvel though he were so earnest against King Philip of Macedonia his entry upon the Cities of Greece both for that he was well fed on the one side by the King of Asia as all Authors do affirm to the end he should set Athens and other Grecian Cities against King Philip as also for that his own Commonwealth of Athens was governed by popular Government wherein himself held still the greatest sway by force of his Tongue with the People and if any King or Monarch of what Nation soever should have come to command over them as Philip's Son King Alexander the Great did soon after Demosthenes should have had less authority than he had for that presently he was banished and so continued all the time that Alexander lived But if we do consider how this State of the Athenians passed afterward under the great Monarchy of Alexander and other his followers in respect that it did before when it lived in liberty and under their own Government only he shall find their State much more quiet prosperous and happy under the Commandment of a Strangers than under their own by whom they were continually tossed turmoiled with battels emulations and seditions and oftentimes tyrannized by their own People as the Bloody Contentions of their Captains Aristides Themistocles Alcibiades Pericles Nicias and others do declare and as it is evident among other things by their wicked Law of Ostracismus which was to banish for ten years whosoever were eminent or of more wisdom wealth valoâ—r learning or authority among than the rest albeit he had committed no crime or fault at all And finally their having of thirty most horrible and bloudy Tyrants at one time in their City of Athens instead of one Governour doth evidently declare the same say these men and do make manifest how vain and foolish an imagination it was that vexed them how to avoid the Government of Strangers seeing that no Strange Governour in the World would ever have used them as they used themselves or so afflict them as they afflicted themselves To the Objection out of Deuteronomy where God appointeth the Jews to chuse a King only of their own Nation these men do answer that this was at that time when no Nation besides the Jews had true Religion among them which point of Religion the Civilian hath well declared before in his last discourse to be the chiefest and highest thing that is to be respected in the admission of any Magistrate for that it concerneth the true and highest End of a Commonwealth and of all humane Society and for that the Gentiles had not this Ornament of true Religion but were all destitute generally thereof the Jews were forbidden not only to chuse a King of the Gentiles which might pervert and corrupt them but also to company converse or eat and drink with them and this was then but yet afterward when Christ himself came into the World and opened his Church both to Jew and Gentile he took away this restraint so as now all Christian Nations are alike for so much as appertaineth unto Government And consequently to a good and wise Christian man void of passion and fond affection it little importeth as often before hath been said of what Countrey Nation or Lineage his Governour be so he Govern well and have the parts before required of Piety Religion Justice Manhood and other the like requisite to his Dignity Degree and Charge by which parts and vertues only his subjects are to receive benefits and not by his Countrey Generation Lineage or Kindred and this is so much as I have to say at this time about this Affair CHAP. X. Other Secondary and Collateral Lines and how extream doubtful all these Pretences be and which of all these Pretenders are most like to prevail in the end and to get the Crown of England AFter the Lawyer had ended his Discourse about Foreign Government he seemed to be somewhat wearied and said he would pass no further in this Affair for that he had nothing else to say but only to note unto them that besides these principal Titlers of the five Houses mentioned of Scotland Suffolk Clarence Britanny and Portugal there were other Secondary Houses and Lines also issued out of the Houses of Lancaster and York as also of Glocester Buckingham and some other as may appear by the Genealogies set down before in the II. and III. Chapters of which Lines said he there may be perhaps oonsideration and also by Commonwealth when time shall come of choice or admission the matter standing so as the Civilian hath largely declared and shewed before which is that upon such just occasions as these are the Commonwealth may consult what is best to be done for her good and preservation in admitting this or that Pretender seeing that this is the end why all Government was ordained to benefit the Publick And for so much as there is such variety of Persons Pretendents or that may pretend in the five Houses already named as before hath been declared which Persons at least do make some dozen more or less and that besides these there want not others also of Secondary Houses as is evident as well by the former Discourse as also by the Arbor that of these matters is to be seen the Lawyer turned to affirm that the doubtful who shall in the end prevail for that besides the Multitude before-named of Pretenders he avouched very seriously that after all this his Speech he could not well resolve with himself which of all these Titles in true Right of Succession was the best and much less which of the Titlers was likest to prevail and this I presume the Lawyer told them of himself for that he did easily foresee and imagine that after all these Arguments on every side alledged he should be requested by the Company as vehemently he was to put down his opinion what he thought and judged of all the whole matter hitherto discussed and of every mans pretence in particular Which in no case he could be brought to do for a long time but refused the same utterly and craved pardon and yielded many Reasons why it was not convenient and might be odious But all would not serve to acquiet the Company which with all earnest importunity urged him to satisfie their Request and so upon large and earnest Entreaty he was content in the end to yield to this only that he would lay together by way of discourse the probabilities of every side and lastly set down in two or three Propositions or rather Conjecturs his private guess which of them in his judgment was likest to prevail First then he began to say that the probabilities of prevailing or not prevailing of every one of these Pretenders in the next Succession of the Crown of England these Pretenders may be considered and measured either in respect of the party of Religion that was like
day though some men think that it cannot be very certain which part of the Nobility and Council will stick unto them for that many in heart are presupposed to favour the Puritan And for the Privy Council in particular though during the Princes Life their Authority be Supream yet is it not so afterward nor have they any publick Authority at all the Prince having once expired but only as Noblemen or Gentlemen according to each mans State and Calling in several and for the next Successor seeing none is known nor sworn in the Life of this Prince nor were it her safety that any should be clear it is that after Her Majesties decease every man is free untill a one wne be established by the Commonwealth which establishment doth not depend upon the appointment or will of any few or upon any mans proclaiming of himself for divers are like to proclaim themselves but upon a general consent of the whole Body of the Realm which how it will be brought to pass God only knoweth and to him we must commend it I do not know quoth he of any certain person pretendent to whom this Protestant Party is particularly devouted at this day more than to the rest though the House of Hartford was wont to be much favoured by them but of latter years little speech hath been thereof but rather of Araâ—â—lla whom the Lord Treasurer is said especially to be at this present though for himself it be held somewhat doubtful whether he be more fast to the Protestant or to the Puritan but if the Protestant Party should be divided then their Forces will be the less The Authority of Her Majesty is that which at this present overbeareth all when that shall fail no man knoweth what the event will be for that now mens hearts are hardly discerned Their Foreign Friends and Allies are of good number especially if the King of France proceed well in his Affairs and do not indeed change his Religion as he pretendeth that he will but yet if the Puritan do stand against them he is like to pull much from them both in France and Holland and as for Scotland it must needs be against them both and this in respect of his own pretence except the same be favoured by them I mean by these two Factions in England which is hardly thought that any of them both will do for the reasons before alledged though some more hope may be that way of the Puritan than of the Protestant by reason of the said Kings nearness to them in Religion The Puritan is more generally favoured throughout the Realm with all those which are not of the Roman Religion than is the Protestant upon a certain general perswasion that his Profession is the more perfect especially in great Towns where Preachers have made more impression in the Artificers and Burgesses than in the Countrey People And among the Protestants themselves all those that are less interessed in Ecclesiastical Livings or other Preferments depending of the State are more affected commonly to the Puritans or easily are to be induced to pass that way for the same reason The Person most favoured by the Puritans hitherto in common voice and opinion of men hath been the Earl of Huntington some speech of late of some diminution therein and that the Lord Beacham since his Marriage hath entâ—ed more in affection with them The King of Scots no doubt if he were not a stranger and had not the difficulties before mentioned were for his Religion also very plausible I do not hear that the Earl of Darby or his Mother is much forward with these or with the Protestant though of the latter sort some are supposed to wish them well The Friends and Allies of the Puritans abroad are the same that are of the Protestant to wit those of Holland and Zeeland and such Towns of France as follow the new King and jointly have changed their Religion which are not many for that his greatest Forces are yet those of the Roman Religion but yet if the said King prevail and persevere in his Religion which of late as I have said is called in doubt by his often Protestations to the contrary and open going to Mass then will he be able to give good assistance though both these Countries I mean both Holland and France are likes in some mens opinions to assist the Puritan than the Papist if the matter come in difference between them for that in truth they are more conform to the Puritan Religion And as for the German Cities that keep yâ—t and follow the particular form of Luther in Religion they are like to do little for either Party both for their difference from both Parties in Religion and for that they are poor for the most part and not active nor provided to give succour abroad except they be drawn thereunto by force of Money The Puritan Part at home in England is thought to be most vigorous of any other that is to say most ardent quick bold resolute and to have a great part of the best Captains and Souldiers on their side which is a point of no small moment Greatly will import among other points which way inclineth the City of London with the Tower whereof the Puritan as is said wanteth not his probability as neither doth he of some good part if not more of the Navy to be at his devotion which point perhaps at that day will be of as great consequence as any thing else And so much of him The third Body of Religion which are those of the Roman who call themselves Catholicks is the least in shew at this present by reason of the Laws and Tides of the time that run against them but yet are they of no small consideration in this Affair to him that weigheth things indifferently and this in respect as well of their Party at home as of their Friends abroad for at home they being of two sorts as the World knoweth the one more open that discovers which are the Recusants and the other more close and privy that accommodate themselves to all external proceedings of the Time and State so as they cannot be known or at least wise not much touched We may imagine that their number is not small throughout the Realm and this party for the reason I mentioned before in that the most part of the Countrâ—y-People that live out of Cities and great Towns in which the greatest part of English Forces are want to consist are much affected ordinarily to their Religion by reason that Preachers of the contrary Religion are not so frequent with them as in Towns and partly also for that with these kind of men as with them that are most afflicted and held down at this time by the present State many others do joyn aâ— the manner iâ— omnes qui amaro animâ— sâ—nt cum ilâ—s se conjungunt as the Scripture said
of these that followed David's Retinue pursued by Sâ—ul and his Forces which is to â—ay that all that be â—ffended grieved or any way discontented with the present time be they of what Religion soever do easily joyn with these men according to the old saying Sâ—latium est miseris socios habere miseriae besides that there is ever lightly a certain natural compassiâ—n that followeth in men towards those that are thought to suffer or be pursued and this oftentimes in the very enemy himself and then of compassion springeth as you know affection and of affection desire to help as contrariwise do rise commonly the contrary effects to wit emulation envy and indignation against the prosperity of him that pursueth and is in prosperity And for that in so great and populous a Realm and large a Government as this of Her Majesty hath been there cannot want to be many of these kind of discontented men as also for that naturally many are desirous of Changes it cannot be supposed but that the number of this sort is great which maketh this Party far the bigger Moreover it is Noted that the much dealing with these men or rather against them and this especially in matters of their Religion for these latter Years paâ—â— hath much starred them up as also the like is to be noted in the Puritan and made them â—ar more â—â—ger in defence of their Cause according to to the saying Nitimur in vetitum semper and as a little brook or river though it be but shallow and run never so quiet of it self yet if many barres and stops be made therein it swelleth and riseth to a greater force even so it seemeth that it hath happened here where also the sight and remembrance of so many of their Seminary Priests put to death for their Religion as they account it hath wrought great impression in their hearts as also the notice they have received of so many Colledges and English Seminaries remaining yet and set up of new both in Flanders France Italy and Spain for making of other Priests in place of the Executed doth greatly animate them and holdeth them in hope of continuing still their Cause and this at home As for abroad it is easie to consider what their Party and Confidence is or may be not only by the English that live in exile and have their Friends and Kindred at home but also principally by the affection of foreign Princes and States to favour their Religion whose Ports Towns and Provinces lie near upon England round about and for such a time and purpose could not want commodity to give succour which being weighed together with the known inclination that way of Ireland and the late Declaration made by so many of the Scotish Nobility and Gentlemen also to favour that Cause all these Points I say put together must needs perswade us that this Body is also great and strong and like to bear no small sway in the deciding of this controversie for the Crown when the time shall offer it self for the same And so much the more for that it is not yet known that these are determined upon any Person whom they will follow in that action nor as it seemeth are they much inclined to any one of the Pretenders in particular wherein it is thought that the other two Parties either are or may be divided among themselves and each part also within it self for that so different persons of those Religions do stand for it but rather it is thought that these other of the Roman Religion do remain very indifferent to follow any one that shall be set up for their Religion and is likest to restore and maintain the same be he Stranger or Domestical which determination and union in general among if they hold it still and persevere therein must needs be a great strength unto their Cause and give them great sway wheresoever they shall bend at that day as by reason is evident And so much of this matter It remaineth then that after these Considerations of the three Bodies in general we pass to view of each Family House and Person pretendent in particular and therein to contemplate what may be for him and what against him in this pretence and pursuit of the Crown And to begin first of all with the King of Scotland as with him who in vulgar opinion of many men is thought to be first and foremost in this action by way of Succession albeit others do deny the same and do make it very doubtful as before hath been declared yet if we do consider not his Title for of that we have spoken sufficiently before in the 5 th Chapter but other circumstances only of his Person State Condition and the like of which points only we are to treat in this place then must we confess that as on the one side there are divers points that may further him and invite men to favour his cause so wants there not other to hinder the same The points that may invite are his Youth his being a King his moderate nature in that he hath shed little blood hitherto his affection in Religion to such as like thereof and the like but on the other side the reasons of State before laid against him do seem to be of very great force and to weigh much with English-men especially those of his Alliance with the Danes and dependance of the Scotish Nation And as for his Religion it must needs displease two Parties of three before mentioned and his manner of Government therein perhaps all three As for Arabella in that she is a young Lady she is thereby fit as you know to procure good wills and affections and in that she is unmarried she may perhaps by her Marriage join some other Title with her own and thereby also Friends But of her self she is nothing at all allied with the Nobility of England and except it be the Earl of Shrewsbury in respect of Friendship to his old Mother in Law that is Grand Mother to the Lady I see not what Noble man in England hath any band of Kindred or Alliance to follow her And as for her Title it seemeth as doubtful as the rest if not more as by that which hath been said before hath appeared And for her Religion I know it not but probably it can be no great Motive either against her or for her for that by all likelyhood it may be supposed to be as tender green and flexible yet as is her age and sex and to be wrought hereafter and settled according to future events and times In the House of Suffolk the Lord Beacham and the Earl of Darby have the difference of Titles that before hath been seen and each one his particular reasons why he ought to be preferred before the other and for their other Abilities and Possibilities they are also different but yet in one thing both Lords seem to be like that being