also in that of Polidor it may be noted that King Henry the Fifth was not called King until after his Coronation but only Prince though his Father King Henry the Fourth had been dead now almost a month before and secondly that the Parliament consulted de Rege creando more majorum as Polidor his words are that is of making a new King according to the antient custom of their Ancestors which argueth that he was not yet King though his Father were dead not that the manner of our old English Ancestors was to account him so before his Admission Thirdly That this demonstration of good-will of the Nobility to acknowledge him for King before his Coronation and Oath solemnized well and justly to Govern the Realm was very extraordinary and of meer good-will And Last of all That this was never done to any Prince before King Henry the Fifth All which Points do demonstrate that it is the Coronation and Admission that maketh a Perfect and True King whatsoever the Title by Succession be otherwise and that except the Admission of the Common-wealth be joyned to Succession it is not sufficient to make a lawful King and of the two the second is of far more importance to wit the Consent and Admission of the Realm than nearness of Bloud by Succession alone This I might prove by many Examples in England it self where Admission hath prevailed against Right of Succession as in William Rufus that succeeded the Conquerour and in King Henry the First his Brother in King Stephen King John and others who by only Admission of the Realm were Kings against the Order of Succession as after more at large I shall shew you in a particular speech of this point I shall make unto you and very specially it may be seen in the two Examples before-mentioned of the Admission of the two Kings Henry and Edward both sirnamed the Fourth whose entrances to the Crown if a man do well consider he shall find that both of them founded the best part and the surest of their Titles upon the Election Consent and Good-Will of the People yea both of them at their dying-days having some remorse of Conscience as it seemed for that they had caused so many men to die for maintainance of their several Rights and Titles had no better way to appease their own minds but by thinking that they were placed in that Room by the Voice of the Realm and consequently might lawfully defend the same and punish such as went about to deprive them Moreover you shall find if you look into the Doings of Princes in all Ages that such Kings as were most Politick and had any least doubt or suspicion of Troubles about the Title after their Deaths have caused their sons to be Crowned in their own days trusting more to this than to their Title by Succession though they were never so lawfully and lineally descended And of this I could alledge you many Examples out of divers Countreys but especially in France since the last line of Capetus came unto that Crown for this did Hugh Capetus himself to procure to be done to Robert his eldest Son in his own days and the like did King Robert procure for his younger son Henry the First as Gerard holdeth and excluded his Elder only by Crowning Henry in his own days Henry also did intreat the States of France as before you have heard to admit and Crown Philip the First his Eldest Son whilst himself reigned and this man's Son Luys le Cros did the same also unto two Sons of his First to Philip and after his death to Luys the younger which is the seventh of that name for more assuring of his Son named Philip the Second intreated the Realm to Admit and Crown him also in his own days with that great solemnity which in the former Chapter hath been declared And for this very same cause of Security it is not to be doubted but that always the Prince of Spain is sworn and admitted by the Realm during his Father's Reign as before hath been said The same consideration also moved King David to Crown his son Solomon in his own days as afterwards more in particular shall be declared and finally our King Henry also the second of England considering the alteration that the Realm had made in admitting King Stephen before him against the Order of Lineal Succession by propinquity of Bloud and fearing the like might happen also after him caused his eldest son named likewise Henry to be Crowned in his life time so as England had two King Henrys living at one time with equal 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 success for that King Henry the Younger made War soon after upon King 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 practice again since that time in England but yet hereby it is evident what the opinion of the world was in those days of the force of Coronation and Admission of the Commonwealth and how little Propinquity of Bloud prevaileth without that And for more ample proof hereof and fuller conclusion of all the whole matter I had thought to have laid down also in this place some number of the most notorious Examples that I have read for I have read many wherein the Common-wealth upon just Occasions hath extended her Authority to alter the natural course of Succession by Birth but for that the thing requireth some little study and looking over some Notes that I have taken out of Stories for help of Memory I shall deferr it until our next Meeting at what time I shall by God's Grace make this point very clear and so end my whole Discourse for I see that I have been much longer than at the beginning I purposed and now I desire much to give place unto our Temporal Lawyer here present who I doubt not hath matter to say of more delectation and pleasure than this though you of your courtesies have done me so much favour as to hear me hitherto with patience and attention Whereunto the whole company answered that not with patience but with great pleasure delight and contentation they had heard him and so they would do the Temporal Lawyer also in his turn But yet they desired him that nothing of this discourse might be omitted but wholly finished for that it gave very great satisfaction to all and opened many important Points unto them which they had never thought of before and with this they parted for that night every man unto his Lodging and Habitation CHAP. VII How the next in Succession by Propinquity of Bloud hath often-times been put back by the Cemmonwealth and other further off admitted in their
body which is ever to be respected more then any one Person whatsoever Belloy or other of his opinion do say to the contrary Thus said the Civilian and being called upon and drawn to a new matter by the question that ensueth he made his last discourse and conclusion of the whole matter in manner following CHAP. IX What are the principal points which a Common-wealth ought to respect in admitting or excluding of any Prince that pretendeth to succeed wherein it is handled largely also of the diversity of Religion and other such Cases AFter the Civilian had alledged all these examples of Succession altered or rejected by publick Authority of Commonwealths and of the allowance and approbation and good success which for the most part God seems to have given unto the same one of the Company brake forth and said That this point appeared so evident unto him as no doubt in the World could be made thereof I mean Whether this thing in it self be lawful or no To alter sometimes the course of Succession seeing that all Commonwealths of Christendom had done it so often only he said that it remained somewhat doubtful unto him whether the causes alledged in these mutations and changes before-mentioned were always sufficient or no For that sometimes they seemed to him but weak and slender as when for example the Vncle was preferred before the Nephews for that he was a Man and the other Children which cause and reason hath oftentimes been alledged in the former examples both of Spain France and England As also when the younger or Bastard Brother is admitted and the elder and Legitimate Excluded for that the one is a Warrier and the other not and other such like causes are yielded said he in the Exclusions before-rehearsed which yet seems not sometimes weighty enough for so great an Affair To this answered the Civilian That according to their Law both Civil and Canon which thing also he affirmed to be founded on great reason it is a matter most certain that he who is Judge and ought to give the sentence in the thing it self is also to judge of the cause for thereof is he called Judge And if he have authority in the one good reason he should also have power to discern the other so as if we grant according to the form and proofs That the Realm or Commonwealth hath power to admit or put back the Prince or pretender to the Crown Then must we also confess that the same Commonwealth hath Authority to judge of the lawfulness of the cause and considering further that it is in their own affair and in a matter that hath his whole beginning continuance and substance from them alone I mean from the Commonwealth for that no Man is King or Prince by institution of nature as before hath been declared but every King and Kings Son hath his dignity and preheminence above other men but authority only of the Commonwealth Who can affirm the contrary said the Civilian But that God doth allow for a just and sufficient cause in this behalf the only will and judgment of the weal publick it self supposing always as in reason we may that a whole Realm will never agree by orderly way of judgment for of this only I mean and not of any particular Faction of private men against their Heir Apparent to Exclude or put back the next Heir in Bloud and Succession without a reasonable cause in their sight and consure And seeing that they only are to be Judges of this case as now I have said we are to presume that what they determine is just and lawful for the time and if at one time they should determine one thing and the contrary at another as they did often in England during the contention between York and Lancaster and on other like occasions what can a private Man judge otherwise but that they had different reasons and motions to lead them at different times and they being properly Lords and Owners of the whole business committed unto them It is enough for every particular man to subject himself to that which his Common-wealth doth in this behalf and to obey simply without any further inquisition except he should see that open injustice were done therein or God manifestly offended and the Realm indangered Open injustice I call said he when not the true Commonwealth but some Faction of wicked Man should offer to determin this matter without lawful authority of the Realm committed to them and I call manifest offence of God and danger of the Realm when such a Man is preferred to the Crown as is evident that he will do what lyeth in him to the prejudice of them both I mean both of Gods glory and the publick Wealth as for example if a Turk or Moor as before I have said or some other notorious wicked Man or Tyrant should be offered by Succession or otherwise to govern among Christians in which cases every man no doubt is bound to resist what he can for that the very end and intent for which all Government was first ordained is herein manifestly impugned Thus the Civilian discoursed and the whole Company seemed to like very well thereof for that they said his opinion appeared both prudent and pious and by this occasion it came also presently in question What were the true causes and principal points which ought to be chiefly regarded as well by the Commonwealth as by every particular Man in this great action of furthering or hindering any Prince towards a Crown And they said unto the Civilian that if he would discuss in like manner this point unto them it would be a very apt and good conclusion to all his former Speeches and Discourses which having been of the authority that well publicks have over Princes Titles this other of the causes and considerations that ought to lead them for use and exercise of the same authority would fall very fit and necessary for the up-shot of all Hereunto the Civilian answered that he well saw the fitness and importance of the matter and therefore that he was content to speak a word or two more thereof Notwithstanding that much had been said already therein to wit in all those points which had been disputed about the end of Government and why it was appointed which end said he seing it is as largely hath been proved before to defend preserve and benefit the Commonwealth here hence that is from this consideration of the Wel-publick are to be deduced all other considerations of most importance for discerning a good or evil Prince For that whosoever is most likely to defend preserve and benefit most his Realm and subjects he is most to be allowed and desired as most conform to the end for which Government was ordained And on the contrary side he that is least like to do this deserveth least to be preferred and here quoth he you see doth enter also that consideration mentioned
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
him and the Duke of York and solemnly sworn on both sides the 8 th of October in the year 1459 In punishment whereof and of his other negligent and evil Government though for his own particular Life he was a good man as hath been said Sentence was given against him partly by Force and partly by Law and King Edward the fourth was put in his place who was no evil King as all English-men well know but one of the renownedst for martial Acts and Justice that hath worn the English Crown But after this man again there fell another accident much more notorious which was That Richard Duke of Glocester this King Edward's younger Brother did put to death his two Nephews this man's Children viz. King Edward the 5 th and his little Brother and made himself King And albeit he sinned grieveously by taking the Crown in this wicked manner yet when his Nephews were once dead he might in reason seem to be lawful King both in respect that he was next Male in Bloud after his Brother as also for that by divers Acts of Parliament both before and after the death of those Infants his Title was authorized and made good and yet no man will say I think but that he was lawfully deposed again afterwards by the Commonwealth which called out of France Henry Earl of Richmond to chastize him and to put him down and so he did and took from him both Life and Kingdom in the Field and was King himself after him by the Name of King Henry the seventh And no man I suppose will say but that he was lawful King also which yet cannot be except the other might be lawfully deposed And moreover as I said at the beginning I would have you consider in all these mutations what men commonly have succeeded in the places of such as have been deposed as namely in England in the place of those five Kings before-named that were deprived viz. John Edward the second Richard the second Henry the sixth and Richard the third there have succeeded the three Henries to wit the third fourth and seventh and two Edwards the third and fourth all most rare and valiant Princes who have done infinite important Acts in their Commonwealths and among other have raised many Houses to the Nobility put down others changed States both abroad and at home distributed Ecclesiastical Dignities altered the course of Descent in the Bloud-Royal and the like all which was unjust and is void at this day if the changes and deprivations of the former Princes could not be made and consequently none of these that do pretend to the Crown of England at this day can have any Title at all because they descend from those men who were put up in place of the Deprived And this may be sufficient for proof of the two principal points which you required to be discussed in the beginning of this Speech viz. That lawful Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment and that God hath allowed of and assisted the same with good success unto the Weal-publick And if this be so or might be so in Kings lawfully set in possession then much more hath the said Commonwealth Power and Authority to alter the Succession of such as do but yet pretend to that Dignity if there be due reason and causes for the same which is the head point that first we began to treat of said the Civilian and with this ended he his Spech without saying any more CHAP. IV. Wherein consisteth principally the lawfulness of Proceeding against Princes which in the former Chapter is mentioned What Interest Princes have in their Subjects Goods or Lives How Oaths doth bind or may be broken by Subjects towards Princes And finally the difference between a good King and a Tyrant WHen the Civilian had ended his Speech the Temporal Lawyer looked upon the standers by to see whether any would reply or no and perceiving all to hold their peace he began to say in this manner Truly Sir I cannot deny but the examples are many that you have alledged and they seem to prove sufficiently that which you affirmed at the beginning to wit that the Princes by you named were deprived and put down by their Common-Wealths for their evil Government And good Successors commonly raised up in their places and that the Common-Wealth had Authority also to do it I do not greatly doubt at least wise they did it de facto and now to call those facts in question were to imbroyl and turn up-side-down all the states of Christendom as you have well signified but yet for that you have added this word Lawfuly so many times in the course of your narration I would you took the pains to tell us also by what Law they did the the same seeing that Belloy whom you have named before and some other of his opinion do afirm that albeit by nature the Commonwealth have authority over the Prince to choose and appoint him at the beginning as you have well proved out of Aristotle and other ways Yet having once made him and given up all their Authority unto him he is now no more Subject to their Correction or Restraint but remaineth Absolute of himself without respect to any but only to God alone which they prove by the example of every particular Man that hath Authority to make his Master or Prince of his Inferior but not afterwards to put him down again or to Deprive him of the Authority which he gave him though he should not bear himself well and gratefully but Discourteous rather and Injuriously towards him that gave him first this Authority To which also they do alledge the Speech of the Prophet Samuel in the first Book of the Kings where the People of Israel demanded to have a King to Govern over them as other Nations round about them had and to leave the Government of the High Priests under whom at that day they were At which demand both God himself and Samuel were grievously offended and Samuel by Gods express order protested unto them in this manner Well quoth he you will have a King hearken then to this that I will say Hoc erit jus regis qui imperaturus est vobis This shall be the Right and Power of the King that shall rule over you to wit He shall take from you your Children both Sons and Daughters your Fields and Vineyards your Harvest also and Rents your Servants Hand-maids and Herds of Cattel and shall give them to his Servants and you shall Cry unto God in that day from the face of this your King whom you have chosen and God shall not hear you for that you have demanded a King to Govern you Thus far the Prophet Out of all which discourse and Speech of the Prophet these Men do gather that a King is nothing so restrained in his Power or Limited to Law as you have affirmed but
the old King David did bear unto her son Solomon above all the rest of his Brethren Hereupon I say these two that is to say Queen Barsabee and Nathan the Prophet coming together to the old man as he lay on his bed and putting him in mind of his promise and oath made to Barsabe for the preferment of her son and shewing besides how that Adonias without his order and consent had gathered an Assembly to make himself King even that very day which did put the old King in very great fear and danger and further also telling him which pleased him well quod oculi totius Israel in eum respicerent ut indicaret eis quis sederet in solio suo post ipsum that is that the eyes of all Israel were upon him to see whom he would commend unto them to sit in his seat after him which was as much as to say as that the whole Commonwealth referred it to his choice which of his sons should reign after him Upon these Reasons and Perswasions I say the good old King was content that they should take Solomon out of hand and put him upon the Kings own Mule and carry him about the streets of Jerusalem accompanyed with his Guard and Court and crying with sound of Trumpets Vivat Rex Solomon and that Zadok the Priest should anoint and after that he should be brought back and placed in the Royal Throne in the Palace and so indeed he was at what time King David himself being not able through impotency to rise out of his bed did him Honour and Reverence from the place where he lay for so saith the Scripture Adâ—ravit Rex in lectulo suo King David adored his son Solomon thus Crowned even from his Bed all which no doubt though it may seem to have been wrought by humane means and policy yet must we confess that it was principally by the especial Instinct of God himself as by the sequel and success we see so that hereby also we are taught that these the like determinations of the people Magistrates and Commonwealths about admitting or refusing of Princes to Reign or not to Reign over them when their designments are to good ends and for just respects and causes are allowed also by God and often times are his own special drifts and dispositions though they seem to come from man Whereof no one thing can give a more evident proof than that which ensued afterwards to Prince Rehoboam the lawful Son and Heir of this King Solomon who after his Fathers death coming to Sichem where all the People of Israel were gather'd together for his Coronation and Admission according to his Right by Succession For until that time we see he was not accounted true King though his Father was dead and this is to be noted the People began to propose unto him certain conditions for taking away of some hard and heavy Impositions laid upon them by Solomon his Father an evident President of the Oath and conditions that Princes do swear unto in these 〈◊〉 at their Coronation whereunto when Rehoboam refused to yield ten Tribes of the Twelve 〈◊〉 to admit him for their King but chose rather one Jeroboam Rehoboam's servant that was a meer stranger and but of poor percentage and made him their lawful King and God allowed thereof as the Scripture in express words doth testify and when Rehoboam that took himself to be openly injured hereby would by Arms have pursued his Title and had gathered together an Army of an hundred and fourscore thousand chosen Souldiers as the Scripture saith to punish these Rebells as he called them and to reduce these ten Tribes to their due Obedience of their natural Princes God appeared unto one Semeia an Holy man and bade him go to the Camp of Rehoboam and tell them plainly that he would not have them to fight against their Brethren that had chosen another King but that every man should go home to his House and live quietly under the King which each Party had and so they did and this was the end of that tumult which God for the sins of Solomon had permitted and allowed of And thus much by the way I thought good to touch out of Holy Scripture concerning the Jewish Commonâ—wealth even at the beginning for that it may give light to all the rest which after I am to treat of for if God permitted and allowed this in his own Common-wealth that was to be the example and pattern of all other that should ensue no doubt but that he approveth also the same in other Realms when just occasions are offered either for his service the good of the People and Realm or else for punishment of the sins and wickedness of some Princes that the ordinary line of Succession be altered Now then to pass on further and to begin with the Kingdoms of Spain supposing ever this ground of God's Oodinance as hath been declared First I say that Spain hath had three or four Races or Descents of Kings as France also and England have had and the first Race was from the Goths which began their Reign in Spain after the expulsion of the Romans about the Year of Christ 416. to whom the Spaniard referreth all his Nobility as the Frenchman doth to the German Franks and the English to the Saxons which entred France and England in the very same age that the other did Spain and the Race of the Gothish Kings endured by the space of 300 Years until Spain lost unto the Moores The second Race is from Don Pelayo that was chosen first King of Austria and of the Mountain-Countrey of Spain after the destruction thereof by the Moores about the Year of Christ 717 as before hath been touched which Race continued and encreased and added Kingdom unto Kingdom for the space of other three hundred Years to wit until the Year of Christ 1034. when Don Sancho Major King of Navarre got unto his Power the Earldom also of Aragon and Castilia and made them Kingdoms and divided them among his Children and to his second son named Don Ferdinando sirnamed afterward the Great he gave not only the said Earldom of Castilia with Title of Kingdom but by marrying also of the Sister of Don Dermudo King of Leon and Asturias he joined all those Kingdoms together and so began from that day forward the third Race of the Kings of Navar to reign in Castel and so endured for five hundred Years until the Year of Christ 1540. when the House of Austria entred to Reign there by Marriage of the Daughter and Heir of Don Ferdinando sirnamâ—d the Catholick and this was the fourth Race of Spanish Kings after the Roman's which endureth until this day And albeit in all these four Races and Ranks of Royal Descents divers Examples might be alledged for manifest proof of my purpose yet will I not deal with
other most dear as before hath been declared neither do any of the four antient Bishops Historiographers of Spain to wit that of Toledo Beza Salamanca or Ture that lived all about those days and wrote the Story reprehend this fact of the Realm of Spain or put any doubt whether it were lawful or not for the causes before-recited True it is that after three years reign this King Vermudo being weary of Kingly life and feeling some scruple of Conscience that being Deacon he had forsaken the life Ecclesiastical and married though by dispensation of the Pope as Morales saith and entangled himself with the affairs of a Kingdom he resigned willingly the Government unto his said Cousin Don Alonso the Chaste and himself lived after a Private Life for divers Years But this Don Alonso who now the fourth time had been deprived of his Succession as you have seen deceived the expectation of the Spaniards that accounted him a Monk for he proved the most valiant and excellent King that ever that Nation had both for his vertue valour victories against the Moores building of Towns Castles Churches Monasteries and other such Works of Christianity as Morales recounteth and he reigned after his last Admission one and fifty years and had great friendship with King Charles the Great of France who lived in the same time with him And this man among other most noble Exploits so tamed the Moors of his Countrey as during his days he never paid that cruel and horrible Tribute which before and after was paid by the Christians to the Moors which was an hundred young Maids and fifty Sons of Gentlemen every Year to be brought up in the Religion of Mahomet among those Infidel Tyrants And finally this man after so much Affliction came to be one of the most renowned Princes of the World After this Don Alonso who left no Children for that he would never marry but lived all his Life in Chastity there succeeded to him by Election his Nephew named Don Ramiro son to the former said King Don Vermudo the Deacon that gave this Man the Crown as you have heard of whose Election Morales writeth these words Muerto el Rey Don Alonso el casto sue eligido por los perlados y grandes del reyno el Rey Don Ramiro primero deste nombre hyio del Rey Don Vermudo el diacono That is the King Don Alonso the chast being dead there was chosen King by the Prelats and Nobility of the Realm Don Ramiro the first of this Name son of King Vermudo the Deacon who resigned his Crown to Don Alonso and it is to be noted that albeit this Don Ramiro was next in Bloud to the Succession after the death of his Uncle Don Alonso without Children yet was he chosen by the States as here it is said in express words Moreover it is to be noted that albeit this Author Ambrosio Morales and other Spanish Writers do say that in the time of this King Ramiro the Law of Succession by propinquity in â—loud was so revived and strongly consumed that as the Kingdom of Spain was made as Majorasgo as he termeth it which is an Inheritance so entailed and tied only to the next in bloud as there is no possibility to alter the same and that from this time forward the King always caused his Eldest son to be named King or Prince and so ever to be sworn by the Realm and Nobility yet shall we find this Ordinance and Succession oftentimes to have been broken upon several considerations as this Author himself in that very chapter confesseth As for Example after some descents from this man which were Don Ordonio the first this man's son and Don Alonso the Third Don Garzia and Don Ordonio the Second all four Kings by Orderly Succession it happened that in the Year of Christ 924 Don Ordonio the Second dying left four Sons and one Daughter lawfully begotten and yet the State of Spain displaced them all and gave the Kingdom to their Uncle Don Fruela second brother to their Father Don Ordonio and Morales saith that there appeareth no other reason hereof but only for that these Sons of the King deceased were young and not so apt to Govern well the Realm as their Uncle was But after a Years Reign this King Fruela dyed also and left divers Children at mans Estate and then did the Spaniards as much against them as they had done for him before against the Children of his Elder Brother For they put them all by the Crown and chose for their King Don Alonso the Fourth which was eldest son to Don Ordonio the Second before-named that had been last King saving one and this man also I mean Don Alonso the Fourth leaving afterwards his Kingdom and betaking himself to a Religious habit offered to the Commonwealth of Spain his eldest Son lawfully begotten named Don Ordonio to be their King but they refused him and took his Brother I mean this Kings Brother and Uncle to the young Prince named Don Ramiro who reigned 19 Years and was a most excellent King and gained Madrid from the Moors though noted for Cruelty for imprisoning and pulling out the eyes afterwards of this King Don Alonso the Fourth and all his Children and Nephews for that he would have left his Habit and returned to be King again But this Fact my Author Morales excuseth saying that it was requisite for the peace and safety of the Realm so as here you see two most manifest alterations of Lineal Succession together by Order of the Commonwealth Furthermore after this Noble King Don Ramiro the Second succeeded as Heir apparent to the Crown his elder Son Don Ordinio the Third of this name in the Year of our Saviour 950. But this Succession endured no longer than unto his own death which was after seven years for then albeit he left a Son named El Enfante Don Vermudo yet he was not admitted but rather his Brother Don Sancho the First of this Name sirnamed El Gordo who was Uncle to the young Prince and the reason of this Alteration Morales giveth in these express words el succeder en el regno al hermano fue por la racon ordinaria de ser el enfante Don Vermudo nino y no bastante para el govierno y difenca de la terra Which is the cause why the Kings Brother and not his son succeeded in the Crown was for the ordinary reason so often before alledged for that the Infant or young Prince Vermudo was a little child and not sufficient for the Government and Defence of the Countrey Truth it is that after this Don Sancho had reigned and his Son and Heir named Don Ramiro the Third after him for the space of thirty years in all then was this youth Don Vermudo that is now put back called by the Realm to the Succession of the Crown and made King
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
you have heard it proved of all Law-makers Philosophers Lawyers Divines and Governours of Commonwealhs who have set down in their Statutes and Ordinances that Kings shall swear and protest at their entrance to Government that they will observe and perform the conditions there promised and otherwise to have no Interest in that Dignity and Soveraignty By examples in like manner of all Realms Christian he declared how that often-times they have deposed their Princes for just causes and that God hath concurred and assisted wonderfully the same sending them commonly very good Kings after those that were deprived and in no Country more then in England it self yea in the very Line and Family of this King Richard whose Noble Grandfather King Edward the third was exalted to the Crown by a most solemn deposition of his predecessor King Edward the second wherefore in this point there can be little controversie and therefore we shall pass unto the second which is whether the causes were good and just for which this King Richard was esteemed worthy to be deposed And in this second point much more difference there is betwixt York and Lancaster and between the white Rose and the Red for that the House of York seeking to make the other odious as though they had entred by tyranny and cruelty doth not stick to avouch that King Richard was unjustly deposed but against this the House of Lancaster alledgeth first that the House of York cannot justly say this for that the chief Prince assistant to the deposing of King Richard was Lord Edmond himself Duke of York and head of that family together with Edward Earl of Rutland and Duke of Aumarl his eldest Son and Heir yea and his younger Son also Richard Earl of Cambridge Father to this Richard that now pretendeth for so do write both Stow Hollingshead and other Chroniclers of England that those Princes of the Hâ—â—â—e of York did principally assist Henry Duke of Lancaster in getting the Crown and deposing King Richard and Polidâ—r speaking of the wicked Government of King Richard and of the first Cogitation about deposing him when King Henry of Lancaster was yet in France banished and seemed not to think of any such matter he hath these words Sed Edmundo Eboâ—acensium duci ea res cum primis bilem commovit quod Rex omnia jam jura perverteret quod antea parricidio postea râ—pints se obstrinxâ—sset c. That is this matter of the wicked Government of King Richard did principally offend his Uncle Edmond Duke of York for that he saw the King now to peâ—srvert all Law and Equity and that as before he had defiled himself with Parricide that is with the murther of his own Uncle the Duke of Glocester Brother to this Edmond so now he intangled himself also with Rapine in that he took by violence the Goods and Inheritance of John of Gaunt late deceased which did belong to Henry Duke of Lancaster his Cousin-German By which words of Polidor as also for that the Duke of Lancaster coming out of Britany accompaned only with threescore persons as some stories say chose first to go into York shire and to enter at Ravenspur at the mouth of Humber as all the World knoweth which he would never have done if the Princes of York had not principally favoured him in that action all this I say is an evident argument that these Princes of the House of York were then the chief doers in this deposition and consequently cannot alledge now with reason that the said Richard was deposed uniustly Secondly the House of Lancaster alledgeth for the justifying of this deposition the opinions of all Historiographers that ever have written of this matter whether they be English French Dutch Latine or of any other Nation or Language who all with one accord do affirm that King Richards Government was intolerable and he worthy of deposition whereof he that will see more let him read Thomas of Walsingham and John Frosard in the life of King Richard Thirdly they of Lancaster do alledge the particular outrages and insolencies of King Richards Government and first the suffering himself to be carried away with evil counsel of his favorites and then the perverting of all Laws generally under his Government as before you have heard out of Polidor the joyning with his Minions for oppressing the Nobility of which Stow hath these words The King being at Bristow with Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk devised how to take away the Duke of Glocester the Earls of Arundel Warwick Darby and Nottingham and others whose deaths they conspired Thus saith Stow. And after they executed the most part of their devices for that Thomas of Woodstock Duke of Glocester was made away without Law or Process the Earl of Arundel also was put to death and Warwick was banished and so was also Thomas Arundel Archbishop of Canterbury by like Injustice and the like was done to Henry Duke of Hertford and after of Lancaster and among other insolencies he suffered Robert Vere to dishonour and put from him his Wife a Noble and goodly young Lady as Stow saith and born of Lady Isabella King Richards Aunt that was daughter to King Edward the third and suffered Vere to marry another openly to her disgrace and dishonour of her Kindred And finally in the last Parliament that ever he held which was in the 21. year of his Reign commonly called the Evil Parliament he would needs have all authority absolute granted to certain favourites of his which Thomas Walsingham saith were not above 6 or 7. to determine of all matters with all full authority as if they only had been the whole Realm which was nothing indeed but to take all authority to himself only and Stow in his Chronicle hath these words following This Parliament began about the 15. of Sept. in the year 1397. at the beginning whereof Edward Stafford Bishop of Exeter Lord Chancellor of England made a proposition or Sermon in which he affirmed that the power of the King was alone and perfect of it self and those that do impeach it were worthy to suffer pain of the Law c. thus saith Stow by all which is evident how exorbitant and contrary to all Law and Equity this Kings Government was Fourthly and lastly those of Lancaster do alledge for justifying of this deprivation that Duke Henry was called home by express Letters of the more and better part of all the Realm and that he came wholly in a manner uâ—â—rmed considering his person for that Frosard saith he had but three Ships only out of Britany and Walsingham saith he had but 15. Lances and 4â—0 foot-men and the additions to Polâ—â—hronicon as before I noted do avouch that when he landed at Ravenspur in the County of York he had but threescore men in all to begin the Reformation of
which the Authors that I have read about this matter which are principally two the first Named Hierom Frank a Gentleman of Genoâ—a who Wrote ten Books in Italian of the Union of the Crown of Portugal to Castilia and the second is Named Joannes Antonius Viperanus a Sicilian as I take him who Wrote one Book only in Latine De obtenta Portugallia à Rege Catholico Phillippo of Portugal got by King Philip the Catholick both these Books I say out of whom principally I have taken the Points which here I will touch do severally set down the causes following why the King Cardinal did reject the pretence of Don Antonio before all other pretenders and pronounced him a Bastard First For that he had been ever so taken all the time of his Fathers Life and no man ever doubted thereof or called the matter in question until now that himself denyed the same Secondly for that in the time of Julius Tertius the Pope when certain Decrees came out from Rome against the promotion of Bastards the same Don Antonio Sued to the said Pope to be Dispensed withal in that Case which argueth that then he knew himself not Legitimate Thirdly that his Father the Lord Lewis had often times both by Word and Writing testified the same that this Antonio was his Bastard and had signified also so much in his last Will and Testament Fourthly The said Cardinal as of himself also affirmed that if his Brother the Lord Lewis had ever done any such thing as to Marry this Woman who was but Base in Birth and of Jewish Race as these Stories do affirm That it is like that he would have made some of his own Friends acquainted therewith as a matter so much Important Important for them to know but he never did though the said Cardinal avowed that himself was present with him at his death Fifthly he said that if Don Antonio had been Legitimate how happened that he did not pretend the Succession before the Cardinal himself next after the death of Sabastin seeing that he was to have gone before the said Cardinal by as good Right as his other Nephew Sabastian did if he had been Legitimate for that he was Son also to the Cardinals Elder Brother as hath been said Sixthly and lastly the said King Cardinal avowched against Don Antonio partly the disagreeing and partly the open confessing of the Witnesses that they were to be Suborned by him upon all which Causes and Considerations he proceeded to the Judicial Sentence before alledged Thus passed the matter in the Case of Don Antonio who if he had been Legitimate no doubt but by all Right he should have been preferred before all the other pretenders to the Crown of Portugal and must be at this day towards the Crown of England before all those that pretend of the house of Portugal if we grant him to be Legitimate and much more clearly may he pretend to the Dukedom of Lancaster as before hath been declared for that it must descend to the lawful Heir of Lady Phillipa Queen of Portugal whereof ensueth also one consideration not impertinent to us of England that seeing we hold him there for true King of Portugal I see not how we can deny him his Right to the said Dukedom at least of Lancaster whereof if we would give him but the possession with all the Appurtenances as they lye it were no evil entertainment for him in our Country until he could get the possession of the Crown in his own After the exclusions of these two pretenders to wit of the Duke of Savoy and of Don Antonio the whole controversy for Portugal remained between the other three which were the King of Spain Son of Lady Isabel eldest Daughter of King Emmanuel and the two Dutchesses of Parma and Bragansa Daughters of the younger Son of the said King Emmanuel to wit of the Lord Edward Infant of Portugal And First of all for that the eldest of these two Ladies to wit Mary Dutchess of Parma was now dead her Eldest Son Lord Ranutio now Duke of Parma entred in her place and alledged that he represented his Mother and she her Father Lord Edward which Lord if he had been alive he should no doubt have been preferred before his Elder Sister Lady Elizabeth Mother of King Philip and consequently that the said Lord Edward's Issue ought to be preferred before her Issue and this he alledged against King Philip. And against the Dutchess of Bragansa he alledged that his said Mother was the Elder Sister and for that cause he which now possessed her Right and represented her Person was to be preferred before the said Lady Katharine Dutchess of Bragansa so that the Foundation of this pretence of the Duke of Parma was that he was Nephew to the Lord Edward by his eldest Daughter and that to King Emmanuel he was Nephew once removed by his Son whereas King Philip was Nephew but by his Daughter only and that the Lady Katharine of Bragansa was only second Daughter to the said Lord Edward But to this was answered for the same Lady Katharine First that she was born and bred in Portugal and therefore more to be favoured in this Action than either King Philip or the Duke of Parma which were foreign born And secondly against King Philip In particular she used the same argument that before the Duke of Parma had done which is that she was Daughter of Lord Edward son of King Emmanuel whose Right was better than his Sisters and consequently that his Children were to be preferred before the Child of his Sister in this pretence to wit before King Philip. And thirdly against the Duke of Parma she alledged that she was one degree nearer in propinquity oâ— Blood unto King Emmanuel and unto King Henry the Cardinal than the Duke of Parma was which was but Nephew and she Daughter to the said Lord Edward that was Brother to the said Lord Cardinal and Son of King Emmanuel And when for the Duke of Parma it was affirmed that he represented his Mothers place that was the elder Sister answer was made that no Representation was admitted in this case of the Succession to the Crown of Portugal but that every pretender was to be considered and taken in his own person only and to be preferred according to degree in propinquity of Blood to the former Princes and if it happened that they should be in equal degree then each party to be preferred according to the Prerogatives only of his person to wit the Man before the Woman and the Elder before the Younger And for that the Lady Catharine of Bragansa was nearer by one degree 〈◊〉 her Father Lord Edward than was the Duke of Parma who was but Nephew therefore she was to be preferred and many great Books were written by Lawyers in this Ladies behalf and her Right was generally held in Portugal to be preferred before the other of Paâ—ma
Issue The meeting of three Houses Prince Edward Duke Edmond Lady Beatrix daughter of K. Henry 3. The Pedegree of the Dukes of Britany The great Contention between the Houses of Monford and Bloâ—s in Britany Burgundy and Orleans The controversie between the House of Monford and Blois A question about succession between the Uncle and the Niece The House of Blois overcome The succession of the Monfords in Britany Francis last Duke of Britany How the Dukedom of Britany was united to France The Issue Male of K. Henr. 3. The Bishop of Ross in his Book of the Queen of Scots Title George Lilly in fine Epitomes Chron. Anglic. That Edward was the elder Mat. West in vit H. 3. Hollingshed ibid. p. 654. Hollingsh in vit H. 3. p. 740. 777. Edmonds Line never pretended to the Crown Note this consequent The eldership of Edmond a fiction Polyd. in fine vit Henr. 3. The Issue of K. Edward the â— The Issue of Edmond Crouch-back Collateral Lines of Lancaster 〈…〉 of K Edward 3. The Red Rose and the White Issue of the Black Prince The Issue of Leonel the 2d Son The Issue of Edmond the 4. Son The Issue of Thomas the 5. Son The Issue of of the 3d. â—n Duke of Lancast. The Issue of L. Blanch. Lady Philippa married into Portugal and her Issue Lady Elizabeth second Daughter The Issue of K. Henr. 4. The Issue of John of Gaunt by his second Wife The controversie in Spain between King Peter the Cruel and his Bastard broohâ—r Garibay l. 15. â— 26. Of Lady Catharine Swinford Hollinshed in vita Rich. 2. p. 1088. The Duke of Lancaster 's bastards made legitimate Hollingh in vita Kich 2. pag. 1090. The issue of Katharine Swinfords children King Henry VII The Dukes of Somerset Polidor hist. Ang. lib. 23. Hollings in vita Edwardi IV. pa. 1314. 1340. What heirs of Lancaster now remain in England The Issue of the House of York Richard Earl of Cambridge executed Richard Duke of York slain Edward Duke of York and King his Issue The Line of the Pooles The Line of the Hastings The Barringtons King Richard 3. Issue of K. Henry the 7. Issue of the Lady Mary of Scotland Issue of Mary 2d Sister to K. Henry Lady Frances Stow An. 7 Edw. 6. Of Lady Eleanor of Suffolk Variety of Authors opinions about this controversie Polyd. in fine vit Henr. 3. initio vit Henr. 4. in vit Ric. An. 1386. The Allegations of the House of York The story of the controversie between Lancaster and York Polyd. in â—â—a Riâ—h 2. l. b. 20. King Richards deposition Chief points of the controversie between Lancaster and York Three pâ—â—â—t King Richards deposition That a 〈…〉 1. Reason 2. Authority 3. Examples Whether the causes were sufficient of King Richards deposition The Hâ—â—se of York chief 〈◊〉 in deposing K. Rich. Polyd. Hist. Angl. l. 20. Addit ad Polycronicon Testimony of Stories The evil government of K. Rich. Stow in vit Rich. 2. pag. 502. regni 11. A great insolency The evil Parliament Stow an 21 regni Rich. The Duke of Lancaster called by common request Frosard Walsingham Whether the manner of deposing K. Richard were good Arms necessary for removing an evil Prince 〈◊〉 of 〈…〉 by 〈◊〉 Forces King Eglon slain in his Chamber Judg. 3. Saul put down by violence 1 Chr. 10. vers 9. Rehoboam deposed by his Subjects of ten Tribes 2 Reg. 11. 12. 2 Paralip cap. 10. Joram and his Mother Jezabel deposed by force 4 Reg. 9. Athalia deprived by force 4 Reg. 11. Whether Lancaster or York should have entred after K. Rich. Polydor l. 20. in vit Rich. Stow in vita Richardi 2. Whether 〈◊〉 Earl of 〈…〉 or 〈…〉 K. Râ—â—h The Title of York is by a Woman Stow in vit Hen. 5. an 3. regn The Earl of Cambridge executed for Conspiracy An objection for York that Edmond Mortimer was declared Heir appaâ—â—n Polyd. l. 20 Stow in vit Rich. 2. an 1385. Hollingsh in vit Rich 2. p. 1038. Stow an 1382. Polyd. l. 20 an 1394. The cause of hatred between K. Richard and the House of Lancaster John Frosard in Histor. Polydor. Hollingsh Stow in vit Rich. 2 Wâ—lâ—â—â—gh 〈…〉 2. p. 341. 3â—â— John Frosard in vit Henriet 〈◊〉 Roger Moâ—tiâ—â—â— was deâ—lâ—red Hâ—â—r 〈◊〉 Hollingsh in vit Richar. 3. p. 1406. in vit Edwar. 6. p. 1715. The declaration of K. Edw. 6. in favour of the Lady Jane Gray Girard du Haillan l. 15. his Franc. initio 〈…〉 〈◊〉 in â—â—tent Poâ—â—â—nem Câ—â—e suis leg haered The second â—â—â—mâ—le of the Uncle An examâ—plâ— of the Uncle before 〈◊〉 Nephew in Spain Garâ—bay l. 13. c. 1â— an 1276. Another example in France and Flanders Polydor. l. 15. in vit Edw. 3. Anoâ—â—eâ— example of Britany Supra c. 2. Another example â—n Scotland The contention of the Houses of â—alliol and Bruse in Scotl. Examples in England Hollingsh in vit Regis Johannis p. 142. How Arthur Duke of Britany was declared Heir apparent Polydor l. 14. Hollingsh in vit Ric. 1. p. 480. Hollingsh in vit Richardi Regis p. 496. 499. Hollingsh p. 540. Walsingh in Ypodig Neustriae Opinions of Lawyers for the Nephew and Uncle Benedict Cap. Ranutius verb. in eodem testam Baldus in lib. ut in test cap. de suis leg haered per. li. unicam pro 20. sui autem novissimo Touching the Common Law of England Different rules in succession of the Crown of other Inheritances The Common Law grounded in Custom Ancient Lawyers that defended the House of Lancaster Hollingsh in vit Henrici 6. p. 1300. The sum of this controversie repeated Other Arguments of Lancaster Stow in vit Hen. 5. p. 587. The Princes of York often attainted Stow in vit Hen. 6. York entred by violence Stow in fine vit Henrici 6. The House of York put down a Holy King Long possessions of the House of Lancaster 5. The difference of Kings of both Houses The Princes of York cruel one to the other Polydor Virg Hist. Angl. l. 24. Great union and faithfulness of the Princes of Lancaster Polydor lib. 23. Dissentioâ—s in the House of York K. Edw. 4. K. Riâ—h 3. K. Henry 8. how many he put to death of his own Kindred The de la Pools The House of Buckingham The House of Câ—urtâ—eys The House of Salisbury Seymers put to death Queen of Scots 7. Nâ— old noble House standing in England but such as took part with Lancaster Five ancient noble houses Arondel Oxford Northumberland Westmerland Shrewsbury Houses that favoured York destroyed 〈…〉 〈…〉 Pooâ—â—◠〈…〉 of 〈◊〉 and Warwick King Henry the 7. Chowned in the field in respect of the house of Lancaster only though his title that way was not great A division of the families that do pretend Of the house of Scotland Arabella In favour of the King of Scots Argument against the King of Sâ—ots The King of Scots
Bastardies or other particular impediments that may have fallen upon each discent or branch thereof all these things said he may alter the course of common supposed right in him or her that is taken to be next in bloud as proving them not to be truly and lawfully the nearest though they be the next in degree As for example said he the whole multitude of competitors or pretendors which I conceive may come in consideration or have action or claim to the Crown after her Majesty that now is may be reduced to three or four first heads or principal stocks to wit to the House of Lancaster a part as descended of John of Gant Duke of Lancaster by his first Wife Blanch sole Heir of the Dutchess of Lancaster And of this branch or stock the most known off spring in these our days are those Princes that are lineally descended of Don Juan the first sirnamed de bona memoria tenth King of Portugal who married with Philippa the eldest Daughter of the said John of Gant by his first Wife Blanch and these Princes are King Philip of Spain now King also of Portugal and the Duke of Parma and Braganza who descended of the same race as also the Duke of Savoy on degree after them The second stock is of the house of York a part descended of George the Duke of Clarence second Brother to King Edward the fourth who being put to death by the Kings order in Cales left a daughter by whom were descended the Earl of Huntington with his Brothers which also have children and the off spring of Geffry Pole and Sir Thomas Barrington who married the other Sister of her that was married to the Hastings The third stock was in King Henry the seventh who being himself of the house of Lancaster and marrying the eldest daughter of Edward the fourth of the house of York is presumed to have joyned these two houses together and from this man by his two daughters for of his Son who was King Henry the eighth there remaineth only the Queen that now is there hath proceeded the house of Scotland divided into the families of the King of Scots and Arabella as also the Progeny of the two Earls yet living of Hartford and Darby Vnto these three heads which are commonly known to all men some of our days do add also a fourth which may seem more ancient then either of these three to wit by the Duke of Britany who are descended divers ways of the bloud royal of England as may easily be declared whose Heir at this day by lineal descent is the Infanta of Spain named Dona Isabella Clara Eugenia daughter to King Philip. So that hereby we come to discover no less then ten or eleven families that may pretend and have all of them friends in England and else where as yesterday I told you who do not fail in secret to negotiate and lay plots for them for that there are none of these so far off but to their friends it seemeth the times standing as they do that reasons may be given for their preferment and good hope conceived of prevailing You do well to add said a Captain there present the times standing as they do or at leastwise as they are like to stand when this matter must come to tryal at what time I believe not you Lawyers but we Souldiers must determine this title and then no doubt if there were not only these ten by you named but twenty more also of the Bloud Royal that would pretend and had friends and money to stand by them we should admit their causes to examination and perhaps give sentence for him that by your laws would soonest be excluded for when matters come to snatching it is hard to say who shall have the better part I do not add this circumstance of the time said the Lawyer as though it were the only or principal point which maketh doubtful the matter of Succession though I confess that helpeth thereunto greatly in respect of the great variety of mans affections at this day in Religion which do decline them commonly to judge for him whom they best love but besides this I do say that were the times never so quiet and Religion never so uniform yet are there great doubts in many mens heads about the lawfulness of divers Petitions of the Families before-named but if you add unto this the said wonderful diversity in matters of Religion also which this time yieldeth you shall find the event much more doubtful and consequently it is no marvel though many may remain in hope to prevail seeing that where many are admitted to stand for a preferment there divers may have propability also of speeding An example you may take said the Civilian Lawyer in the Roman Conclave at the Popes election where among three or four score Cardinals that enter in for Electors few there are that have not hope also to be elected not for that they see themselves all well qualified as others but because often times when divers that are more forward by likelyhood cannot be agreed upon it falleth to the lot of him that is farthest off and so it may among your pretenders quoth he in England Your example said the Temporal Lawyer confirmeth somewhat of that I mean though it be not altogether in like matter or manners for that the Pope is made by Election and here we talk of a King by Succession Your Succession said the Civilian includeth also an Election or approbation of the common-wealth and so doth the succession of all Kings in Christendom besides as well appeareth by the manner of their new admision at their Coronations where the people are demanded again if they be content to accept such a man for their King though his title of nearness by bloud be never so clear And therefore much more it is like to be in this case of English pretenders now where their lawful nearness in bloud is so doubtful as you have signified and so I do come to confirm your former proposition of the doubtfulness of the next Successor in England with another reason besides that which you have alledged of the ambiguity of their true propinquity in bloud for I say further that albeit the nearness of each mans succession in bloud were evidently known yet were it very uncertain as things now stand in England and in the rest of Christendom round about who should prevail for that it is not enough for a man to be next only in bloud thereby to pretend a Crown but that other circumstances also must concur which if they want the bare propinquity or ancestry of bloud may justly be rejected and he that is second third fourth fifth or last may lawfully be preferred before the first and this by all Law both divine and human and by all reason conscience and custom of all Christian Nations To this said the temporal Lawyer you go further Sir then
naturae the voice of nature her self for there was never yet Nation found either of ancient time or now in our days by discovery of the Indies or else where among whom men living together had not some kind of Magistrate or Superior to govern them which evidently declareth that this point of Magistrates is also of Nature and from God that created Nature which point our Civil Law doth prove in like manner in the very beginning of our digests where the second Title of the first Book is de origine juris civilis omnium magistratuum of the beginning of the Civil Law and of all Magistrates which beginning is referred to this first principle of Natural Instinct and Gods Institution And last of all that God did concur also expresly with this Instinct of Nature our Divines do prove by clear testimony of Holy Scripture as when God saith to Solomon By me Kings do Reign and St. Paul to the Romans avoucheth That Authority is not but of God and therefore he which resisteth Authority resisteth God Which is to be understood of Authority Power or Jurisdiction in it self according to the first Institution as also when it is lawfully laid upon any person for otherwise when it is either wrongfully taken or unjustly used it may be resisted in divers cases as afterwards more particular shall be declared for then it is not lawful Authority These two points then are of Nature to wit the Common-wealth and Government of the same by Magistrates but what kind of Government each Common-wealth will have whether Democretia which is Popular Government by the People it self as Athens Thebes and many other Cities of Greece had in old time and as the Cantons or Switzers at this day have Or else Aristocretia which is the Government of some certain chosen number of the Best as the Romans many years were governed by Councels and Senators and at this day the States of this Countrey of Holland do imitate the same or else Monarchia which is the Regiment of one and this again either of an Emperor King Duke Earl or the like These particular Forms of Government I say are not determined by God or Nature as the other two points before for then they should be all one in all Nations as the other are seeing God and Nature are one to all as often hath been said but these particular Forms are left unto every Nation or Countrey to chuse that Form of Government which they shall like best and think most fit for the Natures and conditions of their people which Aristotle proveth throughout all the second and fourth Books of his Politiques very largely laying down divers kinds of Government in his days as namely in Greece that of the Milesians Lacedemonians Candians and others and shewing the causes of their differences which he attributeth to the diversity of mens Natures Customs Educations and other such causes that made them make choice of such or such Forms of Government And this might be proved also by infinite other examples both of times past and present and in all Nations and Countries both Christian and otherwise which have not had only different Fashions of Governments the one from the other but even among themselves at one time one form of Government and another at other times For the Romans first had Kings and after rejecting them for their Evil Government they chose Councils which were two Governours for every year whose Authority yet they limited by a multitude of Senators which were of their Council and these mens power was restrained also by adding Tribunes of the people and some time Dictators and finally they came to be governed last of all by Emperors The like might be said of Carthage in Africa and many Cities and Common-wealths of Greece which in divers Seasons and upon divers Causes have taken different Forms of Government to themselves The like we see in Europe at this day for in only Italy what different Forms of Government have you Naples have a King for their Soveraign Rome the Pope and under him one Senator in place of so many as were wont to be in that Common-wealth Venice and Genua have Senators and Dukes but little Authority have their Dukes Florence Farara Mantua Parma Vrbin and Savoy have their Dukes only without Senators and their power is absolute Milan was once a Kingdom but now a Dukedom the like is of Burgundy Lorain Bavire Gascony and Britain the lesser all which once had their distinct Kings and now have Dukes for their Supream Governours The like may be said of Germany that many years together had one King over all which now is divided into so many Dukedoms Earldoms and other like Titles of Supream Princes But the contrary is of Castile Aragon Portugal Barcelona and other Kingdoms this day in Spain which were first Earldoms only and after Dukedoms and then Kingdoms and now again are all under one Monarchy The like is of Bohemia and Polonia which were but Dukedoms in old time and now are Kingdoms The like may be said of France also after the expulsion of the Romans which was first a Monarchy under Pharamond their first King and so continued for many years under Clodion Merovys Childrik and Clodovaeus there first Christened Kings but after they divided it into four Kingdoms to wit one of Paris another of Soissons the third of Orleans and the fourth of Metts and so it continued for divers years but yet afterwards they made it one Monarchy again England also was first a Monarchy under the Brittains and then a Province under the Romans and after that divided into seven Kingdoms at once under the Saxons and now a Monarchy again under the English and all this by Gods permission and approbation who in token thereof suffered his own peculiar people also of Israel to be under divers manners of Governments in divers times as first under Patriarchs Abraham Isaac and Jacob then under Captains as Moses Joshua and the like then under Judges as Otheniel Aiod and Gideon then under High Priests as Hely and Samuel then under Kings as Saul David and the rest and then under Captains and High Priests again as Zorobabel Judas Machabeus and his Brethren until the Government was lastly taken from them and they brought under the power of the Romans and Forraign Kings appointed by them So as of all this there can be no doubt but that the Common-wealth hath power to chuse their own Fashion of Government as also to change the same upon reasonable causes as we see they have done in all times and Countries and God no doubt approveth what the Realm determineth in this point for otherwise nothing could be certain for that of these changes doth depend all that hath succeeded sithence In like manner is it evident that as the Common-wealth hath this authority to chuse and change her Government
so hath she also to limit the same with what Laws and Conditions she pleaseth whereof ensueth the great diversity of Authority and power which each one of the former Governments hath as for example the Councils of Rome were but for one year other Officers and Magistrates were for more or less time as their Common-wealth did alot them The Dukes of Venice at this day are for their Lives except in certain cases wherein they may be Deposed and those of Genua only for two years and their Power as I have said is very small and much limited and their Heirs have no claim or pretence at all after them to that Dignity as the Children and next of Kin of other Dukes of Italy have though in different sort also For that the Dukedoms of Farara Vrbin and Parma are limited only to Heirs Male and for defect thereof to return to the Pope or See of Rome Florence and Mantua for like dedefects are to return to the Empire and do not pass to the Heirs Female or to the next of Kin as Savoy and some others do And now if we respect God and Nature as well might all these Governments follow one Law as so different for that neither God nor Nature prescribeth any of these particular Forms but concurreth with any that the Common-wealth it self appointeth and so it is to be believed that God and Nature concurred as well with Italy when it had but one Prince as now when it hath so many and the like with Germany and the like also with Switzerland which once was one Common-wealth only under Dukes and Marquesses of Austria and now are devided into thirteen Cantons or Common-wealths under Popular Magistrates of their own as hath been said So as when men talk of a Natural Prince or Natural Successor as many times I have heard the word used if it be understood of one that is born within the same Realm or Countrey and so of our own natural blood it hath some sense though he may be both good or bad and none hath been worse or more Cruel many times then home born Princes But if it be meant as though any Prince had his particular Government or Interest to succeed by Institution of Nature it is ridiculous for that Nature giveth it not as hath been declared but the particular Constitution of every Common-wealth within it self and so much for this first point which must be the ground to all the rest that I have to say CHAP. II. Of the Form of Monarchies and Kingdoms in Particular and the different Laws whereby they are to be Obtained Holden and Governed in divers Countries according as each Commonwealth hath Chosen andâ— Established ALL that hitherto hath been spoken hath appertained to all Princely and Supream Government in general but now for that our matter in question is concerning the Succession to a Kingdom good reason that we should reduce our Speech unto this Form of Government in particular First of all then is to be considered that of all other Forms of Government the Monarchy of a King in it self appeareth to be the most excellent and perfect and so doth hold not only Aristotle in his forenamed Books of Politiques and namely in his third with this only condition that he govern by Laws but Seneca also and Plutarch in his Morals and namely in that special Treatise wherein he dicusseth An seni sit Respub tractanda whether an old man ought to take upon him the Government of a Common-wealth or no Where he saith that Regnum inter omes Respub consumatissima prima est a Kingdom is the most perfect Common-wealth among all other and the very first That is to say the most perfect for that it hath most Commodities and least inconveniences in it self of any other Government and it is the first of all other for that all people commonly made this choice at the beginning of this kind of Government so as of all other it is most Ancient for so we read that among the Syrians Medes and Persians their first Governours were Kings and when the Children of Israel did ask a King at the hands of Samuel which was a thousand years before the coming of Christ they alleadged for one reason that all Nations round about them had Kings for their Governours and at the very same time the chiefest Cities and Commonwealths of Greece as the Laceaemonians Athenians Corinthians and others whereof divers afterwards took other Governments unto themselves for the abuses in Kingly Government committed at that time were governed by Kings as at large proveth Dionysius Halicarnessas Cornelius Tacitus Cicero and others The Romans also began with Kings as before I have noted and the reason of this is for that as our Christian Doctors do gather especially St. Hierome and St. Chrisostom this kind of Government resembleth most of all the Government of God that is but one it representeth the excellency of one Sun that lighteth all the Planets of one Soul in the Body that governs all the Powers and Members thereof and finally they shew it also to be most conform unto Nature by example of the Bees which do chuse unto themselves a King and do live under a Monarchy as the most excellent of all other Governments to which purpose also I have heard alleadged sometimes by divers those words of St. Peter Subjecti estoti omni humanae creaturae propter Deum sive regi quasi precellenti sive ducibus ab eo missis c Be you subject of every humane creature for Gods cause whether it be to a King as the most excellent or to Dukes sent by God for the punishment of evil men and praise of the good Out of which words some do note two points first that as one the one side the Apostle doth plainly teach that the Magistrates authority is from God by his first institution in that he sayeth we must be subject to them for Gods cause so on the other side he calleth it a humane Creature or a thing created by man for that by mans free choice this particular Form of Government as all other also is appointed in every Common-wealth as before hath been declared And that by mans Election and consent the same is laid upon some particular man or woman according to the Laws of every Countrey all which maketh it rightly to be called both a humane creature and yet from God The second point which divers do note out of these words is that St. Peter calleth a King most excellent which though it may be understood in respect of the Dukes Authority whereof immediatly there followeth mention Yet may it seem also to be taken and verified of Kingly Authority in respect of all other Governments seeing that at this time when the Apostles write this Epistle the chief Governour of the World was not called King but Emperor and therefore seeing in such a time St. Peter
affirmeth the state of Kingly Government to be most excellent it may seem he meant it absolutely signifying thereby that this is the best kind of Government among all others though to confess the truth between the Title of King and Emperor there is little or no difference in substance but only in name for that the Authority is equal every King is an Emperor in his own Kingdom And finally the excellency of this Government above all other is not only proved by the perfection thereof in it self as for that it is most Ancient Simple and conform unto Nature and most resembling the Government of God himself as hath been said but by the effects also and utility that it bringeth unto the Subjects with far less Inconveniences then any other Form of Government whatsoever if we compare them together For in the Monarchy of one King there is more Unity Agreement and Conformity and thereby also celerity in dispatching of business and is defending the Common-wealth then where many heads be less Passions also in one man then in many as for example in Democratia where the Common people do bear the chief sway which is Bellua multorum capitum as Cicero wisely said that is a beast of many Heads there is nothing but sedition trouble tumults outrages and injustices committed upon every little occasion especially where Crafty and Cunning men may be admitted to insense or asswage them with Sugred words such as were the Orators in Athens and other Cities of Greece that had this Government and the Tribunes of the people of Rome and other such popular and plausible men who could move the waves raise up the winds and inkindle the fire of the vulgar peoples affections passions or furies at their pleasure by which we see that of all other Common-wealths these of Popular Government have have soonest come to ruine which might be shewed not only by old examples of Greece Asia and Africa but also of many Cities in Italy as Florence Bolonia Siena Pisa Arezzo Spoleto Perugia Padua and others which upon the fall or diminution of the Roman Empire under which they were before took unto themselves Popular Governments wherein they were so tossed with continual Sedition Mutinies and banding of Factions as they could never have end thereof until after Infinite Murthers Massacres and Innundation of Blood they came in the end to be under the Monarchy of some one Prince or other as at this day they remain so that of all other Governments this is the worst The second Form which is called Oligarchia or Aristocratia for that a few and those presumed to be the best are joyned together in Authority as it doth participate some thing of both the other Governments to wit of Monarchia and Democratia or rather tempereth them both so hath it both good and evil in it but yet it inclineth more to the evil for the disunion that commonly by mans infirmity and malice is among those heads for which cause the States before-named of Venice and Genua which were wont to have simply this Government of Aristocratia in that their Regiment was by certain chuse Senators were inforced in the end to chuse Dukes also as Heads of their Senates for avoiding of dissention and so they have them at this day though their authority be but small as hath been said We see also by the examples of Carthage and Rome where Government of Aristocratia took place that the Division and Factions among the Senators of Carthage was the cause why Aid and Succour was not sent to Hannibal their Captain in Italy after his so great and Important Victory at Cannas which was the very cause of the saving of the Roman Empire and the loss of their own As also afterwards the Emulations Discord and Disunion of the Roman Senators among themselves in the Affairs and Contentions of Marius and Silla and of Pompey and Caesar was the occasion of all their destruction and of the Common-wealth with them Evident then it is that of all other Governments the Monarchy is the best and least subject to the Inconveniences that other Governments have and if the Prince that governeth alone and hath Supream Authority to himself as he resembleth God in this point of sole Government so could he resemble him also in Wise Discreet and Just Government and in ruling without Passion no doubt but that nothing more excellent in the world could be desired for the perfect felicity of his Subjects but for that a King or Prince is a man as others be and thereby not only subject to errors in Judgment but also to passionate affections in his will for this cause it was necessary that the Commonwealth as it gave him this great power over them so it should assign him also the best helps that might be for directing and rectifying both his will and judgment and make him therein as like in Government to God whom he representeth as mans frailty can reach unto For this consideration they assigned to him first of all the assistance and direction of Law whereby to govern which Law Aristotle saith Est mens quaedam nullo perturbata affectu it is a certain mind disquited with no disordinate affection as mens minds commonly be for that when a Law is made for the most part it is made upon due consideration and deliberation and without perturbation of evil affections as anger envy hatred rashness or the like passions and it is referred to some good end and commodity of the Common-wealth which Law being once made remaineth so still without alteration or partial affection being indifferent to all and partial to none but telleth one tale to every man and in this it resembleth the perfection as it were of God himself for the which cause the said Philosopher in the same place addeth a notable wise saying viz. That he which joyneth a Law to govern with the Prince joyneth God to the Prince but he that joyneth to the Prince his affection to govern joyneth a Beast for that mens affections and concupisenses are common also to Beasts so that a Prince ruling by Law is more than a man or a man deified and a Prince ruling by affections is less than a man or a man bruitified In another place also the same Philosopher saith That a Prince that leaveth Law and ruleth himself and others by his own appetite and affections of all Creatures is the worst and of all Beasts is the most furious and dangerous for that nothing is so outragious as Injustice armed and no Armour is so strong as Wit and Authority whereof the first he hath in that he is a Man and the other in that he is a Prince For this cause then all Commonwealths have prescribed Laws unto their Princes to govern thereby as by a most excellent certain and immutable rule to which sense Cicero said Leges sunt inventae ut omnibus semper una eadem
voce loquerentur Laws were invented to the end they should speak in one and the self-same sense to all men For which very reason in like manner these Laws have been called by Phylosophers a Rule or Square inflexible and by Aristotle in particular a mind without passion as hath been said but the Prophet David who was also a Prince and a King seemeth to call it by the name of Discipline for that as Discipline doth keep all the parts of a Man or of a particular House in order so Law well ministred keepeth all the parts of a Commonwealth in good order and to shew how severely God exacteth this at all Princes hands he saith these words And now learn ye Kings and be instructed you that judge the World Serve God in fear and rejoyce in him with trembling embrace ye Discipline lest he enter into wrath and so ye perish from the way of Righteousness Which words being uttered by a Prophet and a King do contain divers points of much consideration for this purpose As first that Kings and Princes are bound to learn Law and Discipline and secondly to observe the same with great humility and fear of God's wrath and thirdly that if they do not they shall perish from the way of Righteousness as though the greatest plague of all to a Prince were to lose the way of Righteousness Law and Reason in his Government and to give himself over to passion and his own will whereby they are sure to come to Shipwrack And thus much for the first help The second help that Commonwealths have given to their Kings and Princes especially in latter Ages hath been certain Counsels and Counsellors with whom to consult in matters of importance as we see the Parliaments of England and France the Courts in Spain and Dyets in Germany without which no matters of moment can be concluded And besides this commonly every King hath his Privy-Councel whom he is bound to hear and this was done to temper somewhat the absolute form of a Monarchy whose danger is by reason of his sole Authority to fall into Tyranny as Aristotle wisely noteth in his fourth Book of Politicks shewing the inconvenience or dangers of Government which is the cause that we have few or no simple Monarchies now in the world especially among Christians but all are mixt lightly with divers points of the other two forms of Government also and namely in England all three do enter more or less for in that there is one King or Queen it is a Monarchy in that it hath certain Counsels that must be heard it participateth of Aristocratia and in that the Commonalty have their Voices and Burgesses in Parliament it taketh part also of Democratia or popular Government All which limitations 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 Realm as more at large shall be proved hereafter 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 Successors 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 that of the Romans and Grecians we shall find that both of them began with Kings but yet with far different Laws 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 adays 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 so as of three most excellent Kings that ensued immediately after Romulus viz. Numa Pompilius Tullius Hostilius and Tarquinus Priscus none of them were of the Bloud-Royal nor of Kin the one to the other no nor yet Romans born but chosen rather from among strangers for their Vertue and Valour and that by election of the Senate and consent of the People In Greece 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 as Aristotle noteth 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 only checked and chastned by them if occasion served but also deprived and sometimes put to death For which cause the said Phylosopher did justly mislike this eminent Jurisdiction of the Ephori over their Kings But yet we see hereby what Authority the Commonwealth had in this case and what their meaning was in making Laws and restraining their Kings Power to wit thereby the more to bind them to do Justice which Cicero in his Offices uttereth in these words Justitiae fruendae causa apud majores nostros in Asia in Europa bene moraâ—i reges olim sunt constituti c. at cum jus aequabile ab uno viro homines non consequerentur inventae sunt leges Good Kings were appointed in old time among our ancestors 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 Laws The same reason yieldeth the same Phylosopher in another place not only of the first Institution of Kingdoms but also of the change thereof again into other Governments when these were abused Omnes antiquae gentes regibus quondam paruerunt c. That is All old Nations did live under Kingdoms at the beginning which kind of Government first they gave unto the most just and wisest men which they could find and also after for love of them they gave the same to their Postesity or next in Kin as now also it remaineth where Kingly Government is in use But other Countries which liked not that form 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 only Thus far Cicero and he speaketh this principally in defence of his own Commonwealth I mean the Roman which had cast off that kind of Government as before hath been said for the Offence they had taken against certain Kings of theirs and first of all against Romulus himself their first Founder for reigning at his pleasure without Law as Titus Livius testifieth for which cause the Senators at length slew him and cut him in small pieces And afterwards they were greatly grieved at the entring of Servius Tullius their sixth King for that he got 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
have shewed of the particular Government of a Monarchy in respect of other forms of Regiment to wit that it wanted not all but had fewer inconveniences than other forms of Regiment have so say I also of this that albeit some inconveniences want not in Succession yet are they commonly far less and fewer than would follow by meer Election which is subject to great and continual dangers of ambition emulation division sedition and contention which do bring with them evident peril of universal destruction and desolation of the whole Body and this at every change of the Prince which change on the other side is much assured by Succession for that great occasions of strife and contention are thereby cut off And besides this the Prince who is in present possession knowing that his son or next of kin is to be his Heir hath more care to leave the Realm in good order as we see that the Husband-man hath to till and manure that ground which is his own and to remain to his posterity A third commodity also there is for that less mutations and alterations are seen in the Common-wealth where Succession prevaileth for that the Son following his Father doth commonly retain the same Friends Counsellours Officers and servants which his Father had before him pursueth the same Actions and Intentions with the same manner of Proceeding for the most part whereas he that entreth by Election being an alien to him that went before him and never lightly his friend doth change alter and turn upside down all things Furthermore which may be also a fourth reason he that entreth by Succession for that he is either born a Prince or hath been much respected still for his Title to the Crown bringeth with him less passions of hatred emulation anger envy or revenge against particular men for that no man durst offend him than doth he which entreth by only Election for that he having been a Subject and equal to others before his advancement and thereby holden contention with many especially of this Election must needs have matter of quarrel with many which he will seek easily to revenge when he is in authority as on the other side also such as were his equals before will bear him less respect and more unwillingly be under him than if by birth he had been their Soveraign These and divers other are the commodities of Succession whereunto we may also add the preheminence and priviledg of Primogeniture ancestry of Birth so much respected and commended by Holy Writ not only in men but in all other creatures also whose first-born were dedicated to God himself and one notable example among others occurreth to my mind of the two Sons of Isaak of the which two albeit God had ordained to chuse the younger before he was born as S. Paul testifieth and to reject the elder that is to say that Jacob should inherit the benediction and not Esau Yet would God have this younger to procure the said priviledge of Eldership from Esau by divers means as first by bargain and after by guile according to the Story we read in Genes Out of which Story two points may be pondered much to our purpose First that primogeniture or eldership of birth as I have said was greatly respected by God and according to that all the descents and Successions of Kings were commonly among that people for that ordinarily the eldest son ever succeeded his father in the Crown of Jury And the second point is that God would shew even in this beginning that yet this priviledge was not so inviolable but that upon just causes it might be broken as it was by this his choice of Jacob the younger and rejecting Esau the Elder and many times after in matter of Government the same was practised by God himself as when Judah the fourth Tribe and not Reuben the first and eldest was appointed by God to enjoy the Scepter and Crown of the Jewes as also when King David dyed not his first second or third son but his tenth in order to wit Solomon who was also the fourth that he had by Bersabee was appointed for his Successor So that in very deed we have here both our two Cases that were propounded in the beginning over-ruled and determined by Authority and Example of Holy Writ it self namely and first of all that priority and propinquity of Bloud in Succession is greatly to be honoured regarded and preferred in all affairs of Dignity and Principality and yet which is the second point are we not so absolutely and peremptorily bound thereunto always but that upon just and urgent occasions that course may be altered and broken Which Licence or Liberty is indeed the only or at least wise the most principal Remedy for such Inconveniences as do or may ensue in the course of Succession which inconveniences as before I shewed to be far less and fewer than are wont to follow of bare Election alone yet did I confess also that some did or might fall out as namely that the person who by succession of Bloud is next may be unable or unfit or pernicious to Govern In which Cases the remedy is as before hath been declared either to help and assist him by Laws and Directions and wise Councels if he be capable thereunto or else to remove him and take in another of the same Bloud-Royal though further off in degree or propinquity in his place And this is and hath been the custom and practice of all Nations and Commonwealths from the beginning since Succession hath been established among them as afterwards I shall demonstrate unto you by great store of evident Examples and Presidents and by this means we come to remedy the difficulties and inconveniences of both kinds of making our Kings and Princes which are Election and Succession as hath been said for by Succession we do remedy the inconveniences and dangers before-mentioned of bare Election to wit of strife banding ambition and the like and by this other mean of adding also Election Consent and Approbation of the Realm to Succession alone which inconveniences are principally that some unapt impotent or evil Prince may be offered sometimes to enter by priority of Bloud whereof the Realm may deliver it self by this other means of not admitting him so as Election by Succession and Succession again by Election is salved and the one made a Preservative and Triacle to the other and this is the Wisdom and high policy left by God and Nature to every Commonwealth for their own conservation and maintainance and every man that is of Reason and Judgment and void of passion will not only allow but also highly commend the same Now then to answer in particular to the two Questions made at the beginning of this speech to wit what is to be attributed to Succession alone and Secondly What Interest a Prince hath thereby to
any Crown before he be Crowned or admitted by the Commonwealth To the First I say that to Succession alone or priority of Bloud only great honour reverence and respect ought to be born as before hath been declared for that it is the principal circumstance condition which leadeth us to the next Succession of the Crown infallibly without all strife If his propinquity be clear and evident and that other necessary circumstances and conditions do concurr also in the same person which conditions were appointed and set down at the same time and by the same authority that this Law of Succession was established for that both the one and the other of these two Points were ordained by the Commonwealth to wit that the Elder and First in Bloud should succeed and that he should be such a person as can and will Govern to the Publick Weal of all as often and largely before hath been avouched and proved To the second Question I answer That an Heir apparent to a Crown before his Coronation and Admission by the Realm if he have the Conditions before-required hath the same Interest to the Kingdom which the King of Romans or Caesar hath to the German Empire after his Election and before he be Crowned And to use a more familiar Example to Englishmen as the Mayor of London hath to the Mayoralty after he is chosen and before he be admitted or have taken his Oath For as this man in rigour is not truly Mayor nor hath his Jurisdiction before his Oath and Admission nor the other is properly Emperour before he be Crowned so is not an Heir apparent truly King though his Predecessor be dead and he next in Succession untill he be Crowned or Admitted by the Commonwealth Another Example is there in Marriage also whereby our matter is made more plain for in this Contract go both the Betrothing and actual Joining together of the Parties in Wedlock the First is done by words de futuro or for the time to come and is not properly Marriage but Espousal only The other is by words de praesenti that is by mutual present consent given of both Parties and this second is only and properly true Marriage which two points are expresly represented in the state of an Heir apparent and of a Crowned King for that the Heir apparent by propinquity of Bloud is only espoused or betrothed to the Commonwealth for the time to come and is married afterwards by present mutual consent of both Parties in the Contract and knitting up of the matter at his Coronation by the Oaths which either part maketh the one to take the other and by putting on the Ring and other Wedding garments before-mentioned in their Coronations by all which the Heir apparent which was but Espouse is made now the true King and Husband of the Commonwealth which before he was not by only Succession but only a betrothed Spouse or designed King as hath been declared Wherefore it followeth also that the Common-wealth oweth no allegiance or subjection unto the Heir apparent in rigour of Justice until he be Crowned or Admitted though his Predecessor be dead for that in very deed until that time he is not the true King and Soveraign though for better keeping of Order and avoiding of Tumults all Commonwealths lightly that have their Princes by Succession have ordained in these latter Ages that from the death of the former Princes all matters of Government shall pass in the Name of his next Successor if his Succession be clear and this as I say for avoiding of Garboils and under supposal of Confirmation and Approbation afterwards of the Commonwealth at his Coronation for which cause also and for better account of years it was ordained that the beginning of the Successors Reign should be reckoned from the day of the death of his predecessor and not from the day of his Coronation as otherwise in rigour it ought to be and as in old time it was accustomed to be as Gerard Secretary and Chronicler of France to wit that Kings in old time were wont to account the years of their Reigns from the day only of their Anointing and Coronation This point also that Heirs apparent are not true Kings until their Coronation how just soever their Title of Succession otherwise be and though their Predecessors be dead it might be confirmed by many other Arguments but especially and above all others for that the Realm is asked again three times at their Coronation Whether they will have such a man to be King or not as before hath been shewed which thing were in vain to ask if he were truly King as Belloy saith before his Coronation Again we see in all the Forms and different manners of Coronations before-recited that after the Prince hath sworn divers times to Govern well and justly then do the Subjects take other Oaths of Obedience and Allegiance and not before which argueth that before they were not bound unto him by Allegiance and as for the Princes of England it is expressly noted by English Historiographers in their Coronations how that no Allegiance is due unto them before they be Crowned and that only it happened to Henry the Fifth among all other his Predecessors to have this Priviledge and this for his exceeding towardliness and for the great affection of the People towards him that he had homage done unto him before his Coronation and Oath taken Whereof Polidor writeth in these words Princeps Henricus facto Patris funere concilium Principum apud Westmonasterium convocandum curat in quo dum de Rege creando more majorum agitabatur esse tibi continuo aliquot Principes ultro in ejus verba mirare coeperunt quod benevolentiae â—fficium nulli antea priusquam Râ—x renunciatus esset praestitum constat adeo Henricus ab ineunte aetate spem omnibus optimae indolis â—ecit Which in English is this Prince Henry after he had finished his Father's Funerals caused a Parliament to be gathered at Westminster where whilst Consultation was had according to the antient Custom of England about creating a new King behold upon the sudden certain of the Nobility of their own Free wills began to swear Obedience and Loyalty unto him which demonstration of Love and Good-will is well known that it was never shewed to any Prince before until he was declared King so great was the hope that men had of the Towardliness of this Prince Henry even from his tender age thus far Polidor in his Story of England And the very same thing expresseth John Stow also in his Chronicle in these words To this Noble Prince by assent of the Realm after three days offered to do Fealty before he was Crowned or had solemnized his Oath well and justly to Govern the Common-wealth which offer before was never found to be made to any Prince of England Thus much Stow In whose Narration as
People and by help principally of Henry Newborow Earl of Warwick that dealt with the Nobility for him and Maurice Bishop of London with the Clergy for that Anselm Archbishop of Canterbury was in banishment Besides this also it did greatly help his cause that his elder Brother Robert to whom the Crown by right appertained was absent again this second time in the War of Jerusalem and so lost thereby his Kingdom as before Henry having no other Title in the World unto it but by Election and Admission of the People which yet he so defended afterwards against his said Brother Robert that came to claim it by the Sword and God did so prosper him therein as he toâ—k his said elder Brother Prisoner and so kept him for many Years until he dyed in Prison most pitifully But this King Henry dying left a Daughter behind him named Mawde or Mathilde which being married first to the Emperour Henry the V. he dyed without issue and then was she married again the second time to Geffry Plantagenet Earl of Anjow in France to whom she bare a Son named Henry his Grandfather caused to be declared for Heir Apparent to the Crown in his Days but yet after his decease for that Stephen Earl of Bollogne born of Adela Daughter to William the Conquerour was thought by the State of England to be more fit to Govern and to defend the Land for that he was at Mans age then was Prince Henry a Child of Maude his Mother he was admitted and Henry put back and this chiefly at the perswasion of Henry Bishop of Winchester Brother to the said Stephen as also by the Solicitation of the Abbot of Glassenbury and others who thought belike they might do the same with good Conscience for the good of the Realm though the event proved not so well for that it drew all England into Factions and Divisions for avoiding and ending whereof the States some Years after in a Parliament at Walâ—ingford made an agreement that Stephen should be Lawful King during his Life only and that Henry and his Off-spring should succeed him and that Prince William King Stephen's Son should be deprived of his Succession to the Crown and made only Earl of Norfolk thus did the State dispose of the Crown at that time which was in the Year of Christ 1153. To this Henry succeeded by Order his Eldest son then living named Richard and sirnamed Cordelyon for his Valor but after him again the Succession was broken For that John King Henry's youngest Son to wit younger Brother to Richard whom his Father the King had left so unprovided as in jest he was called by the French Jean sens terre as if you would say S r John Lacke Land This man I say was after the death of his Brother Admitted and Crowned by the States of England and Arthur Duke of Britain Son and Heir to Geffery that was elder brother to John was against the ordinary course of Succession excluded And albeit this Arthur did seek to remedy the matter by War yet it seemed that God did more defend this Election of the Commonwealth than the right Title of Arthur by Succession for that Arthur was overcome and taken by King John though he had the King of France on his side and he dyed pitifully in prison or rather as most Authors do hold he was put to death by King John his Uncles own hands in the Castle of Roan thereby to make his Title of Succession more clear which yet could not be for that as well Stow in his Chronicle as also Matthew of Westminster and others before him do write that Geffrey besides this Son left two Daughters also by the Lady Constance his Wife Countess and Heir of Britaine which by the Law of England should have succeeded before John but of this small account seemed to be made at that day Some years after when the Barons and States of England misliked utterly the Government and proceeding of this King John they rejected him again and chose Luys the Prince of France to be their King and did swear Fealty to him in London as before hath been said and they deprived also the young Prince Henry his Son that was at that time but eight years old but upon the death of his Father King John that shortly after insued they recalled again that sentence and admitted this Henry to the Crown by the name of King Henry the III. and disanulled the Oath and Allegiance made unto Luys Prince of France and so King Henry Reigned for the space of 53. years afterwards the longest Reign as I think that any before or after him hath had in England Moreover you may know that from this King Henry the third do take their first beginning the two branches of York and Lancaster which after fell to so great contention about the Crown Into which if we would enter we should see plainly as before hath been noted that the best of all their titles after the deposition of King Richard the second depended on this authority of the Commonwealth for that as the People were affected and the greater part prevailed so were their titles either allowed confirmed altered or disanulled by Parliaments and yet may not we well affirm but that either part when they were in possession and confirmed therein by these Parliaments were lawful Kings and that God concurred with them as with true Princes for Government of their People For if we should deny this point as before hath been noted great inconveniencis would follow and we should shake the States of most Princes in the World at this day as by examples which alreay I have alledged in part may appear And with this also I mean to conclude and end this discourse in like manner affirming that as on the one side propinquity of Bloud is a great preheminence towards the attaining of any Crown so yet doth it not ever bind the Commonwealth to yield thereunto if weightier Reasons should urge them to the contrary neither is the Commonwealth bound always to shut her Eyes and to admit at hap-hazard or of necessity every one that is next by Succession of Bloud as Belloy falsly and fondly affirmeth but rather she is bound to consider well and maturely the Person that is to enter Whether he be like to perform his duty and charge committed unto him or no for that otherwise to admit him that is an enemy or unfit is but to destroy the Common-wealth and him together This is my opinion and this seemeth to me to be conform to all Reason Law Religion Piety Wisdom and Policy and to the use and custom of all well governed Common-wealths in the World Neither do I mean hereby to prejudice any Princes pretence or Succession to any Crown or Dignity in the World but rather do hold that he ought to enjoy his Preheminence but yet so that he be not prejudiciae thereby to the whole
what Historiographers do say according to their affections or Interests as what reasons and proofs be alledged of every side for that by this we shall more easily come to judge where the right or wrong doth lie First therefore the defenders of the House of York do alledge that their title is plain and evident for that as in the former chapter hath been declared Richard Duke of York first pretender of this House whose Father was Son to Edmond Langley Duke of York fourth Son of King Edward the third and his Mother Anne Mortimer that was Neece once removed and sole Heir to Leonel Duke of Clarence second Son of the said King Edward this Richard I say Duke of York pretended that for so much as he had two titles joyned together in himself and was lawful Heir as well to Duke Leonel the second Brother as to Duke Edmond the fourth that he was to be preferred in Succession of the Crown after the death of King Richard the second Heir of the first Son of King Edward before the Issue of John of Gaunt that was but third Son to the said King Edward and consequently that Henry Bolenbrok John of Gaunts Son Duke of Lancaster called afterwards King Henry the fourth entred the Crown by tyranny and violonce first for deposing the true and Lawful King Richard and secondly for taking the Kingdom upon himself which Kingdom after the death of the foresaid King Richard which happened in the year 1399. belonging to Edmond Mortimer Earl of March then living and after his death to Anne Mortimer his Sister married to Richard Earl of Cambridge Father to this Richard pretendent Duke of York as hath been said for that this Edmond and Anne Mortimer were Children to Roger Mortimer Son of Philip that was daughter to Duke Leonel which Leonel was elder Uncle to King Richard and before John of Gaunt the younger Brother whose Son took the Crown upon him For the better understanding of which pretence and allegation of the House of York against Lancaster we must note the story following to wit That King Edward the III. seeing in his old age that Prince Edward his eldest Son whom of all his Children he loved most dearly was dead though there wanted not much doubt in some mens heads as after shall be shewed who ought to succeed yet the old man for the exceeding great affection he bare to the dead Prince would hear nothing in that behalf but appointed Richard the said Prince Edwards only Son and Heir to succeed him in the Kingdom and made the same to be confirmed by Act of Parliament and inforced all his Children then alive to swear to the same which were John of Gaunt Duke of Lancaster his third and eldest Son that then lived for Leonel his second Son Duke of Clarence was dead before and Edmond Langley and Thomas Woodstock Earls at that time but after Dukes of York and Glocester and so King Richard Reigned with good obedience of his Uncles and their Children for 20 years together but in the end when he grew insolent and had put to death his Uncle the Duke of Glocester together with the Earl of Arundel and banished many others of the Nobility and among them the Archbishop of Canterbury as also his own Cousin-German Henry Duke of Hertford and after of Lancaster Son and Heir of John of Gaunt and had made many wickedd Statutes as well against the Church and State Ecclesiastical as also to intangle the Realm and Nobility with fained crimes of Treason against his Regality as then he termed them the principal men of the Realm seeing a sit occasion offered by the Kings absence in Ireland called home out of France the foresaid Henry Duke of Lancaster with the Archbishop of Canterbury Earls of Arundel and Warwick and others which were in banishment and by common consent gathered upon the suddain such an Army to assist them in England as they took the King brought him to London and there in a Parliament laying together the intolerable faults of his Government they deprived him of all Regal Dignity as before they had done to his great Grandfather K. Edward the second and then by universal consent of the Parliament and people there present they chose and admitted the said Henry Duke of Lancaster to be their King who continued so all the days of his life and left the Crown unto his Son and Sons Son after him by the space of threescore years until this Richard before named Duke of York made challenge of the same in manner and form as before hath been shewed Now then the story being thus the question is first whether Richard the second were justly deposed or no and secondly whether after his deposition the House of York or House of Lancaster should have entred and thirdly if the House of Lancaster did commit any wrong or injustice at their first entrance to the Crown yet whether the continuance of so many years in possession with so many approbations and confirmations thereof by the Commonwealth were not sufficient to legitimate their right Concerning which points many things are alledged by the favourers of both Families and in the first point touching the lawfulness or unlawfulness of King Richards deposition three Articles especially do seem most considerable to wit about the thing in it self whether a lawful King may be deposed upon just causes and secondly about these causes in King Richards deposition to wit whether they were just or sufficient for deposition of the said King and lastly about the manner of doing iâ— whether the same were good and orderly or not And touching the first of these three points which is that a King upon just causes may be deposed I think both parties though never so contrary between themselves will easily agree and the Civil Lawyer seems to me to have proved it so evidently before throughout his whole dicourse as I think very little may be said against the same For he hath declared if you remember both by reason authority and examples of all Nations Christian that this may and hath and ought to be done when urgent occasions are offered And first by reason he sheweth it for that all Kingly authority is given them only by the Commonwealth and that with this express condition that they shall Govern according to Law and equity that this is the cause of their exaltation above other men that this is the end of their Government the butt of their authority the star and pole by which they ought to direct their stern to wit the good of the people by the weal of their Subjects by the benefit of the Realm which end being taken away or perverted the King becometh a Tyrant a Tyger a fierce Lion a ravening Wolf a publick enemy and a bloudy murtherer which were against all reason both natural and moral that a Common-wealth could not deliver it self from so eminent a destruction By authority also
that seeing rigour of Law runneth only with the Uncle for that indeed he is properly nearest in bloud by one degree and that only indulgence and custom serveth for the Nephew permitting him to represent the place of his Father who is dead they resolve I say that whensoever the Uncle is born before the Nephew and the said Uncle's elder Brother died before his Father as it happened in the case of John of Gaunt and of King Richard there the Uncle by right may be preferred for that the said elder Brother could not give or transmit that thing to his Son which was not in himself before his Father died and consequently his Son could not represent that which his Father never had and this for the Civil Law Touching our Common Laws the favourers of Lancaster do say two or three things first that the right of the Crown and interest thereunto is not decided expresly in our law nor is it a plea subject to the common rules thereof but is superiour and more eminent and therefore that men may not judge of this as of other pleas of particular persons nor is the Tryal alike nor the common maxims or rules always of force in this thing as in others which they prove by divers particular cases as for example the Widow of a private man shall have her thirds of all his Lands for her Dowry but not the Queen of the Crown Again if a private man have many daughters and die seized of Lands in Fee-simple without Heir Male his said daughters by law shall have the said Lands as co-partners equally divided between them but not the daughters of a King for that the eldest must carry away all as though she were Heir male The like also is seen if a Baron match with a Feme that is an Inheritrix and have Issue by her though she die yet shall he enjoy her Lands during his life as Tenant by courtesie but it is not so in the Crown if a man marry with a Queen as King Philip did with Queen Mary and so finally they say also that albeit in private mens possessions the common course of our law is that if the Father die seized of Land in Fee-simple leaving a younger Son and a Nephew that is to say a Child of his Elder Son the Nephew shall succeed his Grandfather as also he shall do his Uncle if of three Brethren the elder die without Issue and the second leave a Son yet in the inheritance and succession of the Crown it goeth otherwise as by all the fotmer eight examples have been shewed and this is the first they say about the common law The second point which they affirm is that the ground of our Common Laws consisteth principally and almost only about this point of the Crown in custom for so say they we see by experience that nothing in effect is written thereof in the common law and all old Lawyers do affirm this point as were Ranulfus de Granvilla in his books of the laws and customs of England which he wrote in the time of King Henry the second and Judge Fortescue in his book of the praise of English laws which he compiled in the time of King Henry the sixth and others Whereof these men do infer that seeing there are so many presidents and examples alledged before of the Uncles case preferred before the Nephew not only in foreign Countries but also in England for this cause I say they do affirm that our common laws cannot but favour also this title and consequently must needs like well of the interest of Lancaster as they avouch that all the best old Lawyers did in those times and for example they do Record two by name of the most famous learned men which those ages had who not only defended the said title of Lancaster in those days but also suffered much for the same The one was the forenamed Judge Fortescue Chancellor of England and named Father of the common laws in that age who fled out of England with the Queen Wife of King Henry the sixth and with the Prince her Son and lived in banishment in France where it seemeth also that he wrote his learned book intituled de laudibus legum Angliae And the other was Sir Thomas Thorpe chief Baron of the Exchequer in the same Reign of the same King Henry the sixth who being afterward put into the Tower by the Princes of the House of York for his eager defence of the title of Lancaster remained there a long time and after being delivered was beheaded at High-gate in a tumult in the days of King Edward the fourth These then are the allegations which the favourers of the House of Lancaster do lay down for the justifying of the title affirming first that John of Gaunt Duke of Lancaster ought to have succeeded his Father King Edward the third immediately before King Richard and that injury was done unto him in that King Richard was preferred And secondly that King Richard were his right never so good was justly and orderly deposed for his evil Government by lawful authority of the Commonwealth And thirdly that after his deposition Henry Duke of Lancaster Son and Heir of John of Gaunt was next in succession every way both in respect of the right of his Father as also for that he was two degrees nearer to the King deposed then was Edmond Mortimer descended of Leonel Duke of Clarence and these are the principal and substantial proofs of their right and title But yet besides these they do add all these other arguments and considerations following first that whatsoever right or pretence the House of York had the Princes thereof did forfeit and lose the same many times by their conspiracies rebellions and attainders as namely Richard Earl of Cambridge that married the Lady Anne Mortimer and by her took his pretence to the Crown was convicted of a conspiracy against King Henry the fifth in Southampton as before I have said and there was put to death for the same by Judgment of the King and of all his Peers in the year 1415. the Duke of York his elder Brother being one of the Jury that condemned him This Earl Richards Son also named Richard coming afterward by the death of his Uncle to be Duke of York first of all made open claim to the Crown by the title of York But yet after many oaths sworn and broken to King Henry the sixth he was attainted of Treason I mean both he and Edward his Son then Earl of March which afterward was King with the rest of his off-spring even to the ninth degree as Stow affirmeth in a Parliament holden at Coventry in the year 1459. and in the 38. year of the Reign of the said King Henry and the very next year after the said Richard was slain in the same quarrel but the House of Lancaster say these men was never attainted of any such
affirm by the Causes and Arguments before-alledged against him no reason say they but that this Lady should enter into his place as next in Bloud unto him Secondly it is alledged in her behalf That she is an English woman born in England and of Parents who at the time of her Birth were of English Allegiance wherein she goeth before the King of Scots as hath been seen as also in this other principal point that by her admission no such inconvenience can be feared of bringing in strangers or causing Troubles or Sedition within the Realm as in the pretence of the Scottish King hath been considered And this in effect is all that I have heard alledged for her But against her by other Competitors and their Friends I have heard divers Arguments of no small Importance and Consideration produced whereof the first is that which before hath been alledged against the King of Scotland to wit that neither of them is properly of the House of Lancaster as in the Genealogy set down in the third Chapter hath appeared And secondly That the title of Lancaster is before the pretence of York as hath been proved in the fourth Chapter whereof is inferred that neither the King of Scots nor Arabella is next in Succession And for that of these two propositions there hath been much treated before I remit me thereunto only promising That of the first of the two which is how King Henry VII was of the House of Lancaster touching Right of Succession I shall handle more particularly afterward when I come to speak of the House of Portugal whereby also shall appear plainly what pretence of Succession to the Crown or â—utchy of Lancaster the Descendents of the said King Henry can justly make The second Impediment against the Lady Arabella is the aforesaid Testament of King Henry VIII and the two Acts of Parliament for authorising of the same by all which is pretended that the House of Suffolk is preferred before this other of Scotland A third Argument is For that there is yet living one of the House of Suffolk that is nearer by a degree to the Stem to wit Henry VII to whom after the decease of Her Majesty that now is we must return than is the Lady Arabella or the King of Scots and that is the Lady Margaret Countess of Darby Mother to the present Earl of Darby who was Daughter to Lady Eleanor Daughter of Queen Mary of France that was second Daughter of King Henry VII so as this Lady Margaret Countess of Darby is but in the third degree from the said Henry whereas both the King of Scotland and Arabella in the fourth and consequently she is next in propinquity of Bloud and how greatly this propinquiâ—y hath been favoured in such cases though they were of the younger Line the Examples before-alledged in the fourth Chapter do make manifest Fourthly and lastly and most strongly of all they do argue against the title of this Lady Arabella affirming that the descent is not free from bastardy which they prove first for that Queen Margaret soon after the death of her first Husband and King James the IV. married secretly one Stuart Lord of Annerdale which Stuart was alive long after her marriage with Douglas and consequently this second marriage with Douglas Stuart being alive could not be lawful which they do prove also by another name for that they say it is most certain and to be made evident that the said Archibald Douglas Earl of Anguis had another Wife also alive when he married the said Queen which points they say were so publick as they came to King Henry's ears whereupon he sent into Scotland the Lord William Howard Brother to the old Duke of Norfolk and Father to the present Lord Admiral of England to enquire of these points and the said Lord Howard found them to be true and so he reported not only to the King but also afterwards many times to others and namely to Queen Mary to whom he was Lord Chamberlain and to divers others of whom many be yet living which can and will testifie the same upon the relation they heard from the said Lord William's own mouth whereupon King Henry was greatly offended and would have hindred the Marriage between his said Sister and Douglas but that they were married in secrret and had consumated their Marriage before this was known or that the thing could be prevented which is thought was one especial cause and motive also to the King afterward to put back the Issue of his said Sister of Scotland as by his forenamed Testament is pretended and this touching Arabella's title by propinquity of Birth But besides this the same men do alledge divers reasons also of inconvenience in respect of the Commonwealth for which in their opinions it should be hurtful to the Realm to admit this Lady Arabella for Queen As first of all for that she is a Woman who ought not to be preferred before so many men as at this time stand for the Crown And that it were much to have three Women to Reign in England one after the other whereas in the space of above a thousand years before them there hath not reigned so many of that Sex neither together nor asunder for that from Cordick first King of the West Saxons unto Egbert the first Monarch of the English Name and Nation containing the space of more then 300 years no one Woman at all is found to have Reigned and from Egbert to the Conquest which is almost other 300 years the like is to be observed and from the Conquest downwards which is above 500 years one only Woman was admitted for Inheritrix which was Maud the Empress Daughter of King Henry I. who yet after her â—athers death was put back and King Stephen was admitted in her place and she never received by the Realm until her Son Henry II. was of age to govern himself and then he was received with express condition That he should be Crowned and govern by himself and not his Mother which very condition was put also by the Spaniards not long after at their admitting of the Lady Berenguela younger Sister of Lady Blanch Neece to King Henry II. whereof before often mention hath been made to wit the Condition was That her Son Ferdinando should govern and not she though his title came by her so as this Circumstance of being a Woman hath ever been of much consideration especially where men do pretend also as in our Case they do Another Consideration of these men is that if this Lady should be advanced unto the Crown though she be of Noble Bloud by her Fathers side yet in respect of Alliance with the Nobility of England she is a meer stranger for that her Kindred is only in Scotland and in England she hath only the Candishes by her Mothers side who being but a mean Family might cause much grudging among the
English Nobility to see them so greatly advanced above the rest as necessarily they must be if this Woman of their Lineage should come to be Queen which how the Nobility of England would bâ—ar is hard to say And this is as much as I have heard others say of this matter and of all the House of Scotland wherefore with this I shall end and pass over to treat also of the other Houses that do remain of such as before I named CHAP. VI. Of the House of Suffolk containing the Claims of the Countess of Darby and her Children as also of the Children of the Earl of Hartford IT hath appeared by the Genealogy set down before in the third Chapter and often-times mentioned since how that the House of Suffolk is so called for that the Lady Mary second Daughter of King Henry VII being first married to Lewis XII King of France was afterwards married to Charles Brandon Duke of Suffolk who being sent over to condole the death of the said King got the good will of the Widow-Queen though the common Fame of all men was That the said Charles had a Wife living at that day and divers years after as in this Chapter we shall examine more in particular By this Charles Brandon then Duke of Suffolk this Queen Mary of France had two Daughters first the Lady Frances married to Sir Henry Gray Marquess of Dorset and afterwards in the right of his Wife Duke also of Suffolk who was afterwards beheaded by Queen Mary And secondly Lady Eleanor married to Sir Henry Clifford Earl of Cumberland The Lady Frances elder Daughter of the Queen and of Charles Brandon had Issue by her Husband the said last Duke of Suffolk three Daughters to wit Jane Katharine and Mary which Mary the youngest was betrothed first to Arthur Lord Gray of Wilton and after left by him she was married to one M. Martin Keyes of Kent Gentleman-Porter of the Queens Houshold and after she died without Issue And the Lady Jane the eldest of the three Sisters was married at the same time to the Lord Guilford Dudley fourth Son to Sir John Dudley Duke of Northumberland and was proclaimed Queen after the death of King Edward for which act all three of them to wit both the Father Son and Daughter-in-law were put to death soon after But the Lady Katharine the second Daughter was married first upon the same day that the other two her Sisters were unto Lord Henry Herbert now Earl of Pembroke and upon the fall and misery of her House she was left by him and so she lived a sole Woman for divers years until in the beginning of this Queens days she was found to be with-child which she affirmed was by the Lord Edward Seymor Earl of Hartford who at that time was in France with Sir Nicholas Throgmorton the Embassador and had purpose and license to have travelled into Italy but being called home in hast upon this new accident he confessed that the Child was his and both he and the Lady affirmed that they were man and wife but for that they could not prove it by Witnesses and for attempting such a Match with one of the Blood Royal without Privity and License of the Prince they were Committed to the Tower where they procured Means to meet again afterward and had an other Child which both Children do yet live and the Elder of them is called Lord Henry Beacham and the other Edward Seymor the Mother of whom lived not long after neither married the Earl again until of late that he married the Lady Frances Howard Sister to the Lady Sheffield And this is all the Issue of the elder Daughter of Charles Brandon by Lady Mary Queen of France The second Daughter of Duke Charles and the Queen named Lady Eleanor was married to Henry Lord Clifford Earl of Cumberland and had by him a Daughter named Margaret that married Sir Henry Stanely Lord Strange and after Earl of Darby by whom the said Lady who yet liveth hath had Issue Ferdinando Stanley now Earl of Darby William and Francis Stanley And this is the Issue of the House of Suffolk to wit this Countess of Darby with her Children and these other of the Earl of Hartford of all whose Titles with their Impediments I shall here briefly give an account and reason First of all both of these Families do joyn together in this one point to exclude the House of Scotland both by foreign Birth anh by the aforesaid Testament of King Henry authorized by two Parliaments and by the other Exclusions which in each of the titles of the King of cots and of Lady Arabella hath been before-alledged But then secondly they come to vary between themselves about the Priority or Propinquity of their own Succession for the Children of the Earl of Hartford and their Friends do alledge That they do descend of Lady Frances the elder Sister of Lady Eleanor and so by Law and Reason ought to be preferred But the other House alledgeth against this two Impediments the one That the Lady Margaret Countess of Darby now living is nearer by one degree to the Stem that is to King Henry VII then are the Children of the Earl of Hartford and consequently according to that which in the former fourth Chapter hath been declared she is to be preferred albeit the Children of the said Earl were legitimate Secondly they do affirm That the said Children of the Earl of Hartford by the Lady Katharine Gray are many ways illegitimate First for that the said Lady Katharine Gray their Mother was lawfully married before to the Earl of Pembroke now living as hath been touched and publick Records do testifie and not lawfully separated nor by lawful authority nor for just Causes but only for temporal and worldly respects for that the House of Suffolk was come into misery and disgrace whereby she remained still his true Wife and before God and so could have no lawful Children by any other whiles he yet lived as yet he doth Again they prove the illegitimation of these Children of the Earl of Hartford for that it could never be lawfully proved that the said Earl and the Lady Katharine were married but only by their own assertions which in Law is not holden sufficient for which occasion the said pretended Marriage was disannulled in the Court of Arches by publick and definitive Sentence of Doctor Parker Archbishop of Canterbury and Primate of England not long after the Birth of the said Children Furthermore they do add yet another Bastardy also in the Birth of Lady Katharine her self for that her Father Lord Henry Gray Marquess of Dorset was known to have a lawful Wife alive when he married the Lady Frances Daughter and Heir of the Queen of France and of Charles Brandon Duke of Suffolk and Mother of this Lady Katharine for obâ—aining of which said Marriage the said Marquess put away his foresaid
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
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