wherof the first he hath in that he is a man and the other in that he is a Prince For this cause then al common wealthes haue prescribed lawes vnto their Princes to gouerne therby as by a most excellent certayne immutable rule to which sense Cicero said leges sunt inuentae vt omnibus semper vna 〈◊〉 voce loquerentur lawes were inuented to the ende they should speake in one and the 〈◊〉 same sense to al men For which very reason in lyke maner thes lawes haue bin called by Philosophers a rule or square inflexible and by Aristotle in particular a mynde without passion as hath bin said but the Prophet Dauid who was also a Prince king semeth to cal it by the name of Discipline for that as discipline doth keepe al the partes of a man or of a particuler house in order so law vvel ministred keepeth al the partes of a common vvealth in good order and to sheow how seuerely God exacteth this at al Princes handes he sayth these wordes And now learne ye kinges and be instructed you that iudge the world serue God in feare and reioyse in him with trembling embrace ye discipline least he enter into wrath and so ye perish from the way of righteousnes Which wordes being vttered by a prophet and king do conteyne diuers poynts of much cōsideration for this purpose as first that kings and Prince are bound to learne law and discipline and secondly to obserue the same vvith great humility and feare of Gods wrath and thirdly that if they do not they shal perish frō the way of righteousnes as though the greatest plage of al to a Prince weare to lose the way of righteousnes law and reason in his gouerment and to giue himselfe ouer to passion and his owne vvil whereby they are suer to come to shipwrack and thus much of the first helpe The second help that common wealthes haue giuen to their kings and Princes especially in later ages hath bin cerrayne councelles and councellors with whom to consult in matters of most importance as we see the parlaments of Ingland and France the courtes in Spayne and diets in Germany vvithout which no matter of great moment can be concluded and besides this commonly euery king hath his priuy councel whom he is bound to heare and this vvas done to temper somwhat the absolute for me of a Monarchy whose danger is by reason of his sole authority to fal into tiranny as Aristotle vvisely noteth in his fourth booke of politiques shewing the incōuenience or dangers of this gouerment vvhich is the cause that vve haue few or no simple monarchies now in the world especially among Christians but al are mixt lightely with diuers pointes of the other two formes of gouerment also and namely in Ingland al three do enter more or lesse for in that ther is one king or Queene it is a monarchy in that it hath certayne councelles which must be hard it participateth of Aristocratia and in that the commonalty haue their voices and burgesses in parlament it taketh part also of Democratia or populer gouerment al which limitations of the Princes absolute authority as you see do come for the common wealth as hauing authority aboue their Princes for their restraint to the good of the realme as more at large shal be proued hereafter From like authority and for like considerations haue come the limitations of other kings and kingly povver in al tymes and countries from the beginning both touching themselues and their posterity and successors as breefly in this place I shal declare And first of al if we vvil consider the tvvo most renoumed and allowed states of al the world I meane of the Romans and Grecians vve shal finde that both of them began vvith kings but yet vvith far different lawes and restraints about their authorityes for in Rome the kings that succeded Romulus their first founder had as great and absolute authority as ours haue now a dayes but yet their children or next in blood succeded them not of necessity but new kings were chosen partly by the senate and partly by the people as Titus Liuius testifieth so as of three most excellent kings that ensewed immediatly after Romulus to wit Numa Pompilius Tullius Hostilsus Tarqninus Priscus none of them were of the blood royal nor of kyn the one to the other no nor yet Romans borne but chosen rather from among straingers for their vertue and valor and that by election of the senate and consent of the people In Greece and namely among the lacedemonians which vvas the most emynent kingdom among others at that tyme the succession of children after their fathers was more certayne but yet as Aristotle noteth ther authority power was so restrayned by certayne officers of the people named Ephori which commonly vvere fiue in number as they were not only checked and chastined by them if occasion serued but also depriued and some tymes put to death for which cause the said philosopher did iustly mislike this emynent iurisdiction of the Ephori ouer their kings but yet hereby we see vvhat authority the common wealth had in this case and what their meaning vvas in making lawes and restrayning their kings power to wit therby the more to binde them to do iustice which Cicero in his offices vttereth in tbes vvordes Iustitiae fruendae causae apud maiores 〈◊〉 I se Asia in Europe bene morati regesolint sunt constituti c. at cum ius aequabile ab vno viro 〈◊〉 non consequerentur inuentae sunt leges Good kings vvere appoynted in old tyme among our ancestors in Asia and Europe to the end therby to obteyne iustice but when men could not ob teyne equal iustice at one mans handes they inuented lawes The same reason yealdeth the same philosopher in another place not only of the first institution of kingdomes but also of the chainge therof agayne into other gouerments when thes vvere abused Omnes antiquae gentes regibus 〈◊〉 paruerunt c. That is al old nations did liue vnder kingdomes at the beginning which king of gouerment first they gaue vnto the most iust and wisest men which they could finde and also after for loue of them they gaue the same to their posterity ot next in kynne as now also it remayneth vvher kingly gouerment is in vse but other countries which liked not that forme of gouerment and haue shaken of haue done it not that they wil not be vnder any but for that they wil not be euer vnder one only Thus far Cicero and he speaketh this principally in deferice of his-owne cornmō wealth I meane the Roman which had cast of that kinde of gouerment as before hath bin said for the offence they had taken agaynst cessayne kings of thers and first of al agaynst 〈◊〉 himselfe their first founder for 〈◊〉
as Alexander the great conquered the most parte of Asia in the space of 9. or 10. yeares so did this Henry conquere France in lesse then the like tyme. I might recon also in this number of Princes deposed for defect in gouermēt though otherwise he vvere no euel man in lyfe this king Henry the fourths nephew I meane king Henry the sixt vvho after almost forty yeares reigne vvas deposed and imprisoned and put to death also together vvith his sonne the Prince of wales by Edward the fourth of the howse of yorke the same was confirmed by the commons and especially by the people of London and afterwards also by publique act of parliament in respect not only of the title which king Edward pretended but also and especially for that king Henry did suffer himselfe to be ouerruled by the Queene his wife and had broken the articles of agrement made by the parlament betwene him and the Duke of Yorke and solemnly sworē on both sides the 8. of Octob. in the yeare 1459. In punishment vvherof and of his other negligent and euel gouermēt though for his owne particuler life he vvas a good man as hath bin said sentence was giuen agaynst him partly by force and partly by law and king Edward the fourth vvas put in his place who was no euel king as al Inglish men vvel know but one of the renoumedst for martial actes and iustice that hath worne the Inglish crowne But after this man agayne ther fel an other accident much more notorious vvhich was that Richard Duke of Glocester this king Edwards yonger brother did put to death his two nephewes this mans children to vvit king Edward the fifth and his litle brother made him selfe king and albeit he synned greuously by taking vppon him the crowne in this wicked manner yet when his nephewes were once dead he might in reason seeme to be lawful king both in respect that he was the next male in blood after his said brother as also for that by diuers acts of parlament both before and after the death of thos infantes his title vvas authorized and made good and yet no man vvil say I thinke but that he vvas lawfully also deposed agayne afterward by the cōmō wealth which called out of France Henry Earle of Richmond to chastise him and to put him downe and fo he did and tooke from him both life and kingdome in the fielde and vvas king himselfe after him by the name of king Henry the seuenth and no man I suppose vvil say but that he vvas lawfully king also vvhich yet cannot be except the other might lawfully be deposed moreouer as I sayd at the beginning I vvould haue you consider in al thes mutations what men commonly haue succeded in the places of such as haue bin deposed as namely in Ingland in the place of thos fiue kings before named that vvere depriued to vvit Iohn Edward the second Richard the second Henry the sixt and Richard the third ther haue succeded the three Henryes to wit the third fourth and seuenth two Edwards the third and fourth al most rare valiant Princes who haue donne infinit importanr acts in their cōmon vvealthes and among other haue raysed many houses to nobility put downe others changed states both abroad and at home distributed ecclesiastical dignityes altred the course of discent in the blood royal and the like al which was iniust and is voyd at this day if the chainges and depriuations of the former Princes could not be made and consequently none of thes that do pretende the crowne of Ingland at this day can haue any title at al for that from thos men they discende vvho were put vp in place of the depriued And this may be sufficient for proofe of the two principal poynts which you required to be discussed in the beginning of this spech to wit that lawful Princes haue oftentymes by their common wealthes bin lawfully deposed for misgouerment and that God hath allowed and assisted the same with good successe vnto the weal publique and if this be so or might be so in kings lawfully set in possession then much more hath the said common wealth power authority to alter the succession of such as do but yet pretend to that dignity if ther be dew reason and causes for the same which is the head poynt that first we began to treate of saide the Ciuilian and with this ended his speech vvithout saying any more VVHER IN CONSISTETH PRINCIPALLY THE LAVFVLNES OF PROCEEDING AGAYNST Princes which in the former chapter is mētioned what interest Princes haue in their subiect 's goods or liues how othes doth binde or may be broken by subiects towards Princes and finally the difference betwene a good king and a Tirant CHAP. IIII. VVHEN the Ciuilian had ended his speech the temporal lawyer looked vppon the stāders by to see whether any would reply or no and perceauing al to hold ther peace he began to say in this māner Truly Syr I cannot deny but the examples are many that you haue alleaged and they seme to proue sufficiently that which you affirmed at the beginning to wit that the Princes by you named were depriued and put downe by their common vvealthes for ther euel gouerment And good successors commonly raysed vp 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 cal thes factes in question were to embroyle and turne vp-side-downe al the states of Christen dom as you haue wel signified but yet for that you haue added this vvord lawfully so many tymes in the course of your narration I vvould you tooke the payne to tel vs also by vvhat law they did the same seing that Belloy whom you haue named before and some other of his opinion do affirme that albeit by nature the common vvealth haue authority ouer the Prince to chuse and appoynt him at the beginning as you haue vvel proued out of Aristotle and other vvayes yet hauing once made him and giuen vp al their authority vnto him he is now no more subiect to ther cortection or restraynt but remayneth absolute of himselfe without respect to any but only to god alone vvhich they proue by the example of euery particuler man that hath authority to make his Master or Prince of his inferior but not afterwards to put him downe agayne or to depriue him of the authority vvhich he gaue him though he should not beare himselfe vvel and gratefully but discourtious rather iniuriously towards him that gaue him first this authority To which also they do alleage the speech of the prophet Samuel in the first booke of the kings vvher the people of Israel demaunded to haue a king to gouerne ouer them as other nations round about them had and to leaue the gouerment of the high Prieste vnder
of the vvhole matter in manner following VVHAT ARE THE PRINCIPAL POINTS WHICH A COMMON-VVEALTH OVGHT to respect in admitting or excluding of any prince that pretendeth to succeede wherin is handlid largely also of the diuersitie of religions and other such causes CAP. IX AFTER the Ciuilian had alleaged al thes examples of succession altered or reiected by publique authoritie of common wealthes and of the allowance and approbation good successe vvhich for the most part god semeth to haue giuen vnto the same one of the company brake forth and said that this poynt appeared so euident vnto him as no doubt in the vvorld could be made therof I meane whether this thing in it selfe be lawful or no to alter sometymes the course of succession seing that al cōmon vvealthes of Christendome had donne it so often Only he said that it remayned somewhat doubful vnto him whether the causes alleaged in thes mutations and chainges before mentioned were alwayes sufficient or no for that sometymes they semed to him but weake and slender as when for example the vncle was preferred before the nephewes for that he vvas a man and the other children which cause and reason hath oftentymes byn alleaged in the former exāples both of Spaine Fraunce and Ingland as also vvhen the yonger or bastard brother is admitted the elder and legitimate excluded for that the one is a warrier the other not and other such like causes are yealded said he in the exclusions before rehearsed vvhich yet seme not some-tymes vvaighty enough for so great an affaire To this answered the Ciuilian that according to their law both ciuil and canon vvhich thing also he affirmed to be founded in great reason it is a matter most certayne that he vvho is iudge and hath to giue the sentence in the thing it selfe is also to iudge of the cause for therof is he called iudge and if he haue authority in the one good reason he should also haue power to discerne the other so as if vve graunte according to the forme proofes that the realme or common vvealth hath povver to admitt or put back the prince or pretender to the crowne then must vve also confesse that the same common vvealth hath authority to iudge of the lawfulnes of the causes and considering further that it is in ther owne affaire in a matter that hath his whole beginning continuance and substance from them alone I meane from the common wealth for that no man is king or prince by institution of nature as before hath bin declared but euery king and kings sonne hath his dignity and preheminēce aboue other men by authority only of the cōmon vvealth who can affirme the contrary said the Ciuilian but that god doth allow for a iust and sufficient cause in this behalfe the only vvil and iudgment of the weal publique it selfe supposing alwayes as in reason we may that a whole realme wil neuer agree by orderly vvay of iudgment for of this only I meane and not of any particuler faction of priuate men agaynst ther heyre appatēt to exclude or put back the next heyre in blood and succession without a reasonable cause in their sight and censure And seing that they only are to be iudges of this case as now I haue said vve are to presume that vvhat they determyne is iust and lawful for the tyme and if at one tyme they should determine one thing the contrary at an other as they did often in Ingland during the contention betwene York Lancaster and in other like occasions vvhat can a priuate man iudge otherwise but that they had different reasons and motions to leade them at different tymes and they being properly lords and owners of the vvhole busines committed vnto them it is enough for euery particuler man to subiect himselfe to that vvhich his common vvealth doth in this behalfe and to obey simply without any further inquisition except he should see that open iniustice vvere donne therin or God manifestly offended and the fealme indangered Open iniustice I cal said he when not the true common wealth but some faction of wicked mē should offer to determine this matter vvithout lawful authority of the realme committed to them and I cal manifest offence of God and danger of the realme when such a man is preferred to the crowne as is euident that he wil do vvhat lyeth in him to the preiudice of them both I meane bothe of Gods glory and the publique wealth as for example if a Turke or Moore as before I haue said or some other notorious wicked man or tyrant should be offered by succession or otherwise to gouerne among Christians in which cases euery man no doubt is bound to resist vvhat he can for that the very end and intent for which al gouermēt vvas first ordeyned is herein manifestly impugned Thus the Ciuilian discoursed and the whole company seemed to like very vvel therof for that they said his opinion appeared both prudent and pious and by this occasiō it came also presently in question vvhat vvere the true causes and principal points which ought to be chiefly regarded as wel by the commō wealth as by euery particuler man in this great action of furthering or hindering any Prince towards a crowne And they said vnto the Ciuilian that if he vvould discusse in like manner this pointe vnto them it would be a very apt and good cōclusion to al his former speach and discourses vvhich hauing bin of the authority that weale publiques haue ouer princes titles this other of the causes and considerations that ought to lead them for vse and excercise of the same authority would fal very fit and necessary for the vp short of al. Heerunto the Ciuilian answered that he wel saw the fitnes and importance of the matter and therefore that he was content to speak a word or two more therof notwithstāding that much had bin said alredy therin to witt in al those pointès which had bin disputed about the end of gouerment and why it vvas appoynted which ende said he seing it is as largely hath bin proued before to defend preserue and benifite the common wealth heer hence that is from this consideration of the weal publique are to be deduced al other considerations of most importance for discerning a good or enel prince For that whosoeuer is most likely to defend preserue and benifite most his realme and subiects he is most to be allowed and desyred as most conforme to the end for vvhich gouerment was ordeyned And on the contrary side he that is least like to do this deserueth least to be preferred and heer quoth he you see doth enter also that consideration mentioned by you before which diuers common vvealthes had in putting back oftentymes children impotēt people though otherwise next in blood from succession and pteferring more able men though further of by discent for that they were more like
damnably as the Apostle here saith vvho committeth any thing against his owne conscience though otherwise the thing vvere not only indifferent but very good also in it selfe for that of the doers part ther vvanteth no malice or wil to sinne seing he doth that which he apprehendeth to be naught though in it selfe it be not And now to apply al this to our purpose for Ingland and for the matter we haue in hand I affirme and hold that for any man to giue his helpe consent or assistance towards the making of a king whom he iudgeth or beleueth to be faultie in religion consequently would aduance either no religion or the wrong if he were in authority is a most greuous and damnable sinne to him that doth it of what side soeuer the truth be or how good or bad so euer the party be that is preferred For if S. Paul haue pronounced so absolutely and playnly in the place before alleaged that euen in eating of a peece of meat it is damnable for a man to discerne and yet to eate what may we thinke wil it be in so great and important a matter as the making of a king is for a man to dissemble or do against his owne conscience iudgmēt that is to say to discerne and iudge that he is an infidel or heritique or wicked mā or A theist or erronens in religion and yet to further his aduancement and gouerment ouer christians wher he shal be able to peruert infinite and to pull downe al honor seruice dew vnto God and vvhether he do this euel afterwards or not yet shal I be guyltie of al this for that knowing and persuading my selfe that he is like or in disposition to do it yet for feare flattery carelesnes kinred emulation against others vaine pretence of title lacke of zeale to gods cause or for other the like passions or temporal respects I do fauour further or sooth him in his pretēces or do not resist him when it lyeth in my power by al vvhich I do iustly make my felfe guyltie of al the euills hurts miseries and calamities both temporal and spiritual vvhich afterward by his euel gouerment do or may ensew for that I knowing him to be such a one did notwithstanding assist his promotion And thus much now for matter of cōscience but if we consider reason of state also and wordly pollicie it can not be but great folly ouersight for a man of what religion soeuer he be to promote to a kingdome in which himselfe must liue one of a contrary religion to himselfe for let the bargaines and agreements be vvhat they wil and fayre promises vayne hopes neuer so great yet seing the prince once made and setled must needes proceede according to the principles of his owne religion it followeth also that he must come quickly to break with the other party though before he loued hym neuer so vvel which yet perhapps is very hard if not impossible for tvvo of different religions to loue sincerly but if it vvere so yet so many ielosies suspitions accusations calumniations and other auersions must needes light vppon the party that is of different religion from the state and Prince vnder whom he liueth as not only he cānot be capable of such preferments honors charges gouerments and the like which men may deserue and desyer in their commō wealthes but also he shal be in continual danger and subiect to a thousand molestations and iniuries which are incident to the condition and state of him that is not currant whith the course of his prince and realme in matters of religion and so before he beware he becommeth to be accompted an enimye or backward man which to remedy he must ether dissemble deeply and against his owne conscience make shew to fauour and set forward that vvhich in his hart he doth detest vvhich is the greatest calamitie misery of al other though yet many tymes not sufficient to deliuer him from suspition or els to auoyd this euerlasting perdition he must break withal the temporal commodityes of this life and leaue the benifits which his countrey and realme might yeld him and this is the ordinary end of al such men how soft sweet soeuer the beginnings be And therfore to conclude at length al this tedious speech vvherwith I feare me I haue wearied you against my wil seeing ther be so great inconueniences and dangers both temporal and eternal and in respect both of God and man of body and soule as hathe bin declared to aduance a prince of contrary religion to the crowne and cōsidering that in Ingland ther is so great diuersitie of religions as the world knoweth betweene these parties and factions that haue to pretende or admitt the next prince after her Maiestie that now is calling to mynd also the great liberty scope and authority which the common vvealth hath in admitting or reiecting the pretenders vpon dew considerations be ther right of succession neuer so playne or cleare as before hath bin shewed and laying finally before our eyes the manifold and different actes of christiam realmes before mentioned in this affaire al thes things I say being layd together you may see whether I had reason at the beginning to thinke and affirme that it was a doubtful case who should be our next prince after the Queenes Maiestie that now sitteth at the sterne and if beyond and aboue al this that I haue said our frend the common lawyer heere present shal proue also as at the first enterance he promised that amōg such as do or may pretend of the blood royal at this daye their true succession and next propinquity by birth is also incertayne and disputable then is the matter made ther-by much more ambigious and God only knowhwho shal preuaile and to him only is the matter to be commended as far as I see and vvith this I make an ende thanking you most harrely for your patience and crauing pardon for that I haue bin ouer long or for any other fault that in this speach I haue committed FINIS THE PREFACE OF THE SECOND PARTE THE Ciuilian had no sooner ended his discourse but al the company being most desirous to here what the temporal lawyer had prepared to say about the seueral titles of the present pretendors to the crowne of Ingland began with one accord to request him earnestly for the performance of his promised speach in that behalfe who shewing himselfe nether vnwilling nor vnready for the same told them that he was content to yeald to their desyers but yet with one condition which was that he would take in hand this matter with the same asseueration and protestation with the Ciuilian in some occasions had vsed before him and it liked him wel to wit that hauing to speak in this discourse of many princes peeres and nobles of the royal blood of Ingland to al which by law of nature equity and reason
doubt approueth vvhat the realme determineth in this poynt for otherwise nothing could be certaine for that of thes changes doth depend al that hath succeeded sythens In like manner is it euident that as the common wealth hath this authority to chuse and change her gouerment so hath she also to limite the same vvith vvhat lavves and conditions she pleaseth wherof ensueth the great diuersity of authority and power vvhich ech one of the former gouerments hath as for example the Consuls of Rome vvere but for one yeare other officers and Magestrates vvere for more or lesse tyme as their commō wealth did alott them The Dukes of Venice at this day are for their liues except in certayne cases wherin they may be deposed thos of Genua only for two years and their power as I haue said is very smal and much limited and their heyres haue no clayme or pretence at al after them to that dignity as the children and next of kinne of other Dukes of Italy haue though in different sort also for that the Dukedomes of Ferara Vrbin and Parma are limited only to heyres male and for defect therof to returne to the pope or Sea of Rome Florence and Mantua for like defects are to returne to the empire and do not passe to the heyrs femal or to the next of kynne as Sauoy and some others do Aud now if we respect God and nature as wel might al thes gouerments follow one law as so different for that neyther God not nature prescribeth any of thes particuler formes but concurreth with any that the cōmon wealth it selfe appoynteth and so it is to be beleued that God and nature concurred as vvel 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 Swizerlād which once was one common vvealth only vnder the dukes and Marqueses of Austria and now are deuided into thirtene Cantons or common wealthes vnder populer Magestrates of their owne as hath bin said so as when men talke of a natural Prince or natural successor as many tymes I haue hard the vvord vsed if it be vnderstood of one that is borne within the same Realme or countrey and so of our owne natural blood it hath some sense though he may be both good or badd and none hath bin worse or more cruel many tymes then home borne Princes but if it be ment as though any Prince had his particuler gouerment or interest to succeed by institutiō of nature it is rediculous for that nature giueth it not as hath bin declared but the particuler constitution of euery cōmon wealth with-in it selfe and so much for this first poynt which must be the ground to al the rest that I haue to say OF THE FORME OF MONARCHIES AND KINGDOMES IN PARTICVLER AND THE DIF ferent lawes wherby they are to be obteyned holden and gouerned in dyuers countries accordinge as eche common wealth hath chosen established CAP. II. AL that hitherto hath bin spoken hath appertayned to al princely and supreme gouerment in general but now for that our matter in question is concerning the succession to a kingdome good reason that we should reduce our speech vnto this forme of gouerment in particuler First of al then is to be considered that of al other formes of gouerment the monarchy of a king in it selfe appeareth to be the most excellent and perfect and so do hold not only Aristotle in his fornamed bookes of pollitiques namely in his third with this only condicion that he gouerne by lawes but Seneca also and Plutarch in his morales namely in that special treatise wher-in he discusseth an seni sit Respub tractanda whether an old man ought to take vppon him the gouerment of a common wealth or no wher he saith that regnum inter omnes respub consumatissima prima est a kingdome is the most perfect common wealth among al other the very first that is to say the most perfect for that it hath most commodities and least inconueniences in it selft of any other gouerment and it is the fitst of al other for that al people commonly made their choise at the begining of this kind of gouerment so as of al other it is most ancient for so we read that among the Sytians Medes and Persians their first gouernours were kings and when the children of Israel did aske a kynge at the hands of Samuel which vvas a thousand yeares before the comming of Christ they alleaged for one reason that al nations round about them had kings for their gouernours and at the very same tyme the chiefest cyties and common vvealths of Greece as the lacedemonians Athenians Corinthians and others wherof diuers afterwards tooke other gouerments vnto themselues for the abuses in kingly gouermet committed at that tyme vvere gouerned by kings as at large proueth Dyonisius Halicarnasseus Cornelius Tacitus Cicero others The Romans also began vvith kings as before I haue noted and the reason of this is for that as our Christian doctors do gather especially S. Hierome and S. Chrisostome this kind of gouerment resembleth most of al the gouerment of God that is but one it representeth the excellency of one sonne that lightneth al the plannets of one soule in the body that gouerneth al the powers and members therof and finally they shew it also to be most conforme vnto nature by example of the bees which do choose vnto themselues a kinge and do liue vnder a monarchy as the most excellentest of al other gouerments to which purpose also I haue hard alleaged somtymes by diuers those wordes of S. Peter Subiecti estote omni humanae creaturae propter Deum siue regi quasi precellenti siue ducibus ab eo missis c. Be you subiect of euery 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 euil men and praise of the good Out of which wordes some do note two points first that as one the one side the Apostle doth plainely teach that the magistrates authority is from God by his first institutiō in that he sayeth vve must be subiect 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 choise this particuler forme of gouerment as al other also is appoynted in euery common wealth as before hath bin declared and that by mans election and consent the same is layd vppon some particuler man or vvoman according to the lawes of euery countrey al which maketh it rightly to be called both a humane creature and yet from God The second poynt which diuers do note out of thes wordes is that S. Peter calleth a king most excellent which thoughe it may be vnderstood in rcspect of the Dukes authority wherof
immediatly ther followeth mentiō yet may it seeme also to be taken and verified of kingly authority in respect of al other gouerments seing that at this tyme when the Apostle wrote this epistle the chiefe gouernour of the world vvas not called king but emperour and therfore seing in such a tyme S. Peter affirmeth the state of kingly gouerment to be most excellent it may seme he meant it absolutly signifying therby that this is the best kind of gouerment among al others though to confesse the truth betwene the title of king and Emperor ther is litle or no difference in substance but only in name for that the authority is equal euery king is an Emperor in his owne kingdome And finally the excellency of this gouerment aboue al other is not only proued by the perfection therof in it selfe as for that it is most ancient simple and conforme vnto nature most resembling the gouerment of God himselfe as hath bin said but by the effects also and vtility that it bringeth vnto the subiects with farr lesse inconueniences then any other forme of gouerment what-soeuer if vve compare them together for in the monarchy of one king ther is more vnity agreement and conformity and therby also celerity commonly in dispaching of busines and in defending the cōmon vvealth then vvher many heades be lesse passions also in one man then in many as for example in Democratia vvher the common people do beare the cheife sway which is bellua multorum capitum as Cicero wisely said that is a beast of many heades ther is nothing but sedition trouble tumults outrages and iniustices committed vppon euery litle occasion especially vvher crafty and conning men may be admitted to incense or assuage them with sugred vvords such as were the Orators in Athens and other cyties of Greece that had this gouermēr and the Tribunes of the people of Rome and other such populer and plausible men vvho could moue the vvaues rayse vp the windes and inkindle the fier of the vulgar peoples affections passions or furies at their pleasure by which vve see that of al other common vvealthes these of populer gouerment haue soonest come to ruine vvhich might be shevved not only by old examples of Greec Asia and Africa but also of many cyties in Italy as Florence Bolonia Siena Pisa Arezzo Spoleto Perugia Padua and others vvhich vppon the fall or diminution of the Roman Empire vnder which they vvere before tooke vnto themselues populer gouerments vvherin they vvere so tossed vvith continual sedition mutines and bāding of factions as they could neuer haue ende therof vntil after infinite murthers massacres and inundatiō of blood they came in the ende to be vnder the monarchy of some one Prince or other as at this day they remayne so that of al other gouerments this is the vvorst The second forme which is called Oligarchia or Aristocratia for that a few and those presumed to be the best are ioyned together in authority as it doth participate some thinge of both the other gouermēts to wit of monarchia and Democratia or rather tempereth them both so hath it both good and euil in it but yet inclineth more to the euil for the disunion that commonly by mans infirmity malice is among thos heades for vvhich cause the states before named of Venice and Genua vvhich were wont to haue simply this gouerment of Aristocratia in that their regiment was by certaine chose senators were inforced in the end to chuse Dukes also as heades of their senates for auoyding of dissention and so they haue them at this day though their authority be but smale as hath bin said We see also by the examples of Carthage Rome wher gouerment of Aristocratia tooke place that the diuision and factions among the senators of Carthage was the cause why ayde and succor was not sent to Hanibal their Captaine in Italy after his so great and important victory at Cannas which was the very cause of the sauing of the Roman Empire and the losse of their owne As also afterwardes the emulations discord and disunion of the Roman senators among themselues in the affaires and contentions of Marius and Silla and of Pompey and Cesar was the occasion of al their destruction of their common vvealth with them Euident then it is that of al other gouerments the monarchy is the best least subiect to the inconueuiences that other gouerments haue and if the prince that gouerneth alone hath supreme authority to himselfe as he resembleth God in this poynte of sole gouermēt so could he resemble him also in wise discret and iust gouerment and in ruling without passion no doubt but that nothing more excellent in the world could be desired for the prefect filicity of his subiects but for that a king or Prince is a man as others be and therby not only subiect to errors in iudgment but also to passionat affections in his wil for this cause it was necessary that the common vvealth as it gaue him this great power ouer them so it should assigne him also the best helpes that might be for directing and rectifying both his wil and iudgment and make him therin as like in gouerment to God whom he representeth as mans fraylty can reach vnto For this consideration they assigned to him first ofal the assistance and direction of law wherby to gouerne which law Aristotle saith Est mens quaedam nullo perturbata affectu it is a certayne mynde disquieted with no disordinate affection as mens myndes commonly be for that when a law is made for the most part it is made vppon dew consideration and deliberation and without perturbation of euil affections as anger enuy hatred rashnes or the like passions and it is referred to some good end and commodity of the common vvealth which law being once made remayneth so stil without alteration or partial affectiō being indifferent to al and partial to none but telleth one tale to euery man in this it resembleth the perfection as it were of God himselfe for the which cause the said philosopher in the same place addeth a notable wise sayng to wit that he which ioyneth a law to gouerne with the Prince ioyneth God to the Prince but he that ioyneth to the Prince his affection to gouerne ioyneth a beast for that mens affections and concupiscenses are common also to beastes so that a Prince ruling by law is more then a man or a man deifyed and a Prince ruling by affections is lesse then a man or a man brutified In an other place also the same philpsopher sayeth that a Prince that leaueth law and ruleth himselfe others by his owne appetite and affections of al creatures is the worst and of al beasts is the most furious and dangerous for that nothing is so outragious as iniustice armed and no armor is so strong as witt and authority
Polydor that wrote in king Henry the 8. his tyme and others that haue followed him since do take al right from the house of Lancaster and giue the same to the house of Yorke wherfore the best waye I suppose wil be not so much to consider vvhat historiographers do say according to their affections or interests as vvhat reasons and profes be alleged of euery side for that by this we shal more easely come to iudge where the right or wrong doth lye First therfore the defendors of the house of Yorke do alleage that their title is playne and euident for that as in the former chapter hath bin declared Richard duke of Yorke first pretender of this house vvhose father vvas sonne to Edmond Langley duke of Yorke fourth sonne of king Edward the third and his mother Anne Mortimer that vvas neece once remoued and sole heyre to Leonel duke of Clarence second sonne of the said king Edward this Richard I say duke of York pretended that for so much as he had tvvo titles ioyned together in himselfe and vvas lawful heyre as vvel to duke Leonel the second brother as to duke Edmond the fourth that he vvas to be preferred in succession of the crowne after the death of king Richard the second heyre of the first sonne of king Edward before the issue of Iohn of Gaunt that vvas but third sonne to the said king Edward and consequently that Hēry Bolenbrook Iohn of Gaunts sonne duke of Lancaster called afterward king Henry the fourth entred the crowne by tyrāny violēce first for deposing the true and lawful king Richard and secondly for taking the kingdome vppon himselfe vvhich kingdome after the death of the foresaid king Richard which happened in the yeare 1399 belonged to Edmond mortimer Earle of march then liuing and after his death to Anne Mortimer his sister marryed to Richard earle of Cābridge father to this Richard pretendent duke of Yorke as hath bin said for that this Edmond and Anne Mortimer were children to Roger Mortimer sonne of Phillip that vvas daughter to duke Leonel vvhich Leonel vvas elder vncle to king Richard and before Iohn of Gaunt the yonger brother vvhose sonne tooke the crovvne vppon him For the better vnderstanding of which pretence and allegation of the house of Yorke against Lancaster we must note the story following to wit that king Edward the third seing in his old age that prince Edward his eldest sonne whom of al his children he loued most dearly was deade though their vvanted not much doubt in some mēs heads as after shal be shewed vvho ought to succede yet the old man for the exceeding affection he bare to the dead prince vvould heare nothing in that behalfe but appointed Richard the said prince Edwards only sonne and heyre to succed him in the kingdome and made the same to be confirmed by act of parlament and inforced al his children then a liue to svveare to the same which were Iohn of Gaunt duke of Lancaster his third and eldest sonne that then liued for Leonel his second sonne duke of Clarence vvas dead before and Edmond Langley and Thomas Woodstock earles at that tyme but after dukes of Yorke Glocester so king Richard reigned with good obedience of his vncles and their children for 20. yeares together but in the end when he grew insolent had put to death his vncle the duke of Glocester together vvith the earle of Arundel and banished many others of the nobility and among them the Archbishop of Canterbury as also his owne cosin germaine Henry duke of Hereford after of Lancaster sonne and heyre of Iohn of Gaunt and had made many wicked statutes aswel against the church and state Ecclesiastical as also to intangle the realme and nobility with fayned crymes of treason against his regaltie as then he termed them the principal men of the realme seing a fit occasion offred by the kings absence in Ireland called home out of France the foresaid Henry duke of Lancaster vvith the Archbishop of Canterbury earles of Arundel and Warwick and others which vvere in banishment and by common consent gathered vppon the suddaine such an army to assist them in Ingland as they took the king brought him to London and there in a parlament laying together the intollerable faults of his gouerment they depriued him of al regal dignity as before they had done to his great grandfather king Edward the second then by vniuersal consent of the parlament and people their present they chose admitted the said Henry duke of Lancaster to be their king vvho continewed so al the daies of his life and left the crowne vnto his sonne and sonnes sonne after him by the space of threescore yeares vntill this Richard before named duke of Yorke made chalenge of the same in manner and forme as before hath bin shewed Now then the storie being this the question is first whether Richard the second were iustly deposed or no and secondly whether after his deposition the house of Yorke or house of Lācaster should haue entred and thirdly if the house of Lancaster did commit any wronge or iniustice at their first entrance to the crowne yet whether the continuance of so many yeares in possession vvith so many approbations and confirmations therof by the common vvealth vvere not sufficient to legitimate their right Concerning vvhich points many things are alleaged by the fauourers of both families and in the first pointe touching the lawfulnes or vnlawfulnes of king Richards deposition three articles especially do seeme most considerable to wit about the thing in it selfe whether a lawful king may be deposed vppon iust causes secōdly about these causes in king Richards deposition to vvit vvhether they vvere iust or sufficient for deposition of the said king and lastly about the manner of doing it vvhether the same were good and orderly or not And touching the first of these three pointes vvhich is that a king vppon iust causes may be deposed I thinke both parties though neuer so contrary betweene themselues vvil easely agree and the Ciuil lawyer seemeth to me to haue proued it so euidently before throughout his vvhole discourse as I thinke very litle may be said against the same For he hath declared if you remember both by reason authority examples of al nations Christian that this may and hath and ought to be done vvhen vrgent occasions are offred And first by reason he sheweth it for that al kingly authority is giuen them only by the common wealth that with this expresse condition that they shal gouerne according to law and equity that this is the cause of their exaltation aboue other men that this is the end of their gouerment the butt of their authority the starr and pole by vvhich they ought to direct their sterne to witt the good of the people by the vveale of their subiects by the benefite of the realme
the auersion and natural alienatiōn of that people from the Inglish and their ancient inclination to ioyne with the Frēch Irish against vs maketh it yery probable that that subiection of theirs to the crowne of Ingland vvould not loug indure as by expetience we haue feene since the tyme of king Edward the first vvhen after the death of their king Alexander the third without issue they chose king Edward to be their king deliuered their townes and fortresses into his hands did sweare him fealty receaued his deputy or viceroy as Polidor at large declareth And yet al this serued afterward to no other effect but only slaughter bloodshed and infinyt losses and charges of Ingland Thirdly they saye that if the king of Scots should come to possesse the crowne of Inglād he cannot choose at least for many yeares but to stand in great ielousy of so many other competitors of the Inglish blood royal as he shal finde in Ingland against whom he must needes fortifie him selfe by those other forayne natiōs that may be presumed to be most sure vnto him though most contrary by natural inclination least tollerable in gouermēt to Inglish men as are the Scots of whom he is borne and danes vvith vvhom he is allyed and French of vvhom he is descended and of the vnciuil part ofIreland vvith vvhom one great piece of his realme hath most coniunction the authority sway of which fower nations in Ingland and ouer Inglish-men vvhat trouble it may worke euery vvise man may easely coniecture Besides that the Scots-men themselues specially those of the nobility do openly professe that they desire not this coniunction and subordination vnto Ingland which in no wise they can beare both for the auersion they haue to al Inglish gouerment ouer them as also for that their liberties are far greater as now they liue then in that case it would be suffred their king coming heerby to be of greater power to force them to the forme of Inglish subiection as no doubt but in tyme he would And seing the greatest vtility that in this case by reason and probability can be hoped for by this vnion is that the Scotish nation should come to be aduanced in Inglād and to be made of the nobility both temporal and spiritual of the priuy councel and of other lyke dignities of credit and confidence for otherwise no vnion or amitie durable can be hoped for and considering that the king both for his owne safetie as before hath bin said as also for gratitude and loue to his owne nation and allied frends must needs plant them about him in chiefe place of credit vvhich are most opposite to Inglish natures and by litle litle through occasion of emulations and of controuersies that vvil fal out daylie betwixt such diuersity of nations he must needes secretlie begin to fauour and fortifie his owne as we reade that William Conqueror did his Normannes and Canutus before him his Danes to the incredible calamity of the Inglish nation though otherwise neither of them vvas of themselues either an euil king or enimye to the Inglish blood but driuē hereunto for their owne saftie and for that it vvas impossible to stand neutral in such national contentions if al this I say fel out so then as vve know it did and our ancestors felt it to their extreme ruine what other effect can be hoped for now by this violent vnion of nations that are by nature so disunited and opposite as are the Inglish Scotish Irishe Danishe Frenche other on them depending vvhich by this meanes must needs be planted together in Ingland And if vve reade that the vvhole realme of Spayne did refuse to admitt S. Lewis king of France to be their king in Spayne to vvhom yet by law of succession it vvas euident confessed by the spaniards themselues as their chronicler Garibay writeth that the right most clearly dyd appertayne by his mother lady Blanch eldest daughter and heyre of K. Alonso the nynth and that they dyd this only for that he vvas a Frenchman and might therby bring the french to haue chiefe authority in Spayne and if for this cause they did agree together to giue the kingdome rather to Ferdinando the third that was sonne of Lady Berenguela yonger sister to the said lady Blanch and if this determination vvas thought at that tyme to be vvife and prouident though against al right of lineal succession and if vve see that it had good successe for that it indureth vnto this day what shal vve say in this case say these men vvhere the king in question is not yet a S. Lewis nor his title to Ingland so cleere as that other vvas to spayne and the auersion betwixt his nation and ours much greater then vvas that betwixt the french and Spanish thus they do reason Agayne we heard out of the discourse made by the Ciuilian before how the states of Portugal after the death of their king Don Ferdinando the first of that name vvho left one only daughter and heyre named lady Beatrix married vnto Iohn the first king of Castile to whō the succession of Portugal vvithout al controuersie did apertaine they rather determyned to chose for their king a bastard brother of the sayd Don Fernando named Iohn then to admitt the true inheretor Beatrix vvith the gouerment of the Castilians by vvhom yet they being much the richer people the Portugals might hope to reape far greater vtility then Inglish men can do by Scotland considering it is the poorer country and nation And this is that in effect which these men do answere in this behalfe noting also by the way that the Romās themselues vvith al their power could neuer bring vnion or peace betweene thease two nations of Ingland Scotlande nor hold the Scots and North-Irish in obedience of any authority residing in Ingland and so in the end they vvere enforced to cut them of to make that famous walle begun by Adrian and pursued by other Emperours to diuide them from Inglād and barre them from ioyning as al the vvorld knoweth and much lesse shal any one king liuing in Ingland now hold them al in obedience let him be of vvhat nation he vvil and this for the vtility that may be hoped by this vnion But now for the other pointe alleaged by the fauourers of Scotland about establishmēt of true religion in Ingland by entrance of this king of Scots these other mē do hold that this is the vvoorst and most dangerous pointe of al other considering vvhat the state of religion is in Scotland at this day and how different or rather opposite to that forme which in Ingland is mainteyned and vvhen the Archbishopes bishopes deanes archdeacons and other such of ecclesiastical and honorable dignities of Ingland shal consider that no such dignity or promotion is left now standing in Scotland no nor any cathedral
of Hartford and their frendes do alleage that they do discend of lady Francis the elder sister of lady Elenor and so by law and reason are to be preferred but the other house alleageth against this two impediments the one that the lady Margaret countesse of Darby now lyuing is neerer by one degree to the stemme that is to king Henry the seuenth then are the children of the earle of Hartford and consequently according to that which in the former fourth chapter hath bin declared she is to be preferred albeit the children of the said earle vvere legitimate Secondly they do affirme that the said children of the eatle of Hartford by the lady Catherin Gray many waies are illegitimate First for that the said lady Catherin Gray their mother was lawfully married before to the earle of Penbrok now liuing as hath bin touched and publike recordes do testifie and not lawfully seperated nor by lawful authority nor for iust causes but only for temporal and wordly respects for that the house of Suffolk was come into misery disgrace vvherby she remayned stil his true wife in deede and before God so could haue no lawful children by an other whiles he liued as yet he doth Agayne they proue the illegitimatiō of these children of the earle of Hartford for that it could neuer be lawfully proued that the said earle and the lady Catherin were married but only by their owne assertions vvhich in law is not holden sufficient for which occasion the said pretended marriage vvas disanulled in the court of arches by publique definitiue sentence of Doctor Parker archbishop of Canterbury and prymate of Ingland not long after the birth of the said children Further-more they do add yet an other bastardy also in the birth of lady Catherin her selfe for that her father lord Henry Gray marques of Docset was knowne to haue a lawful wife aliue vvhen he married the lady Francis daughter and heyre of the Queene of France of Charles Brandon duke of Suffolke and mother of this lady Catherin for obteyning of which great marriage the said marques put away his foresaid lawful vvife vvhich was sister to the L. Henry Fytzallen earle of Arondel vvhich disorder was occasion of much vnkindnes and hatred betweene the said marques and earle euer after But the power of the marques and fauour vvith king Henry in womens matters vvas so great at that tyme as the earle could haue no remedie but only that his said sister vvho liued many yeares after had an annuitye out of the said marques lands during her life liued some yeares after the said marques aftervvards made duke vvas put to death in Queene Maries tyme. These then are three waies by vvhich the family of Darby do argue the issue of Hartford to be illegitimate but the other two houses of Scotland and Clarence do vrge a former bastardy also that is common to them both to wit both against the lady Francis and the lady Eleanor for that the lord Charles Brandon also duke of Suffolk had a wife a liue as before hath bin signified when he married the lady Mary Queene of France by vvhich former wife he had issue the lady Powyse I meane the vvife of my lord Powyse of Poystlandes in VVales how long after the new marriage of her husband Charles Brandon this former vvife did liue I cannot set downe distinctly though I think it were not hard to take particuler information therof in Ingland by the register of the church wherin she vvas buried but the frēdes of the countesse of Darby do affirme that she died before the birth of L. Eleanor the second daughter though after the birthe of lady Francis and thereby they do seeke to cleare the familie of Darby of this bastardye and to lay al foure vppon the childen of Hartford before mentioned but this is easy to be knowne verified by the meanes before signified But now the frendes of Hartford do answere to al these bastardies that for the first two pretended by the marriages of the two dukes of Suffolk they saye that either the causes might be such as their deuorces with their former 〈◊〉 〈◊〉 be lawful and proue them no marriages and so giue them place to marrie againe or els that the said former wiues dyd dye before these dukes that had bin their husbands so as by a post-contract and second new consent giuen betweene the parties vvhen they vvere now free the said later marriages vvhich vvere not good at the begining might come to be lawful aftervvards according as the law permitteth notwithstanding that children begotten in suche pretēded marriages where one partye is alredy bounde are not made legitimat by subsequent trew marriage of their parentes this for the first two bastardies But as for the third illegitimation of the contract betweene the lady Catherin and the earle of Hartford by reason of a precontract made betweene the said lady Catherin and the earle of Penbroke that now liueth they saye and affirme that precontract to haue bin dissolued afterward lawfully and iudicially in the tyme of Queene Mary There remayneth then only the fourth obiectrō about the secret marriage made betweene the said lady Catherin and the earle of Hartford before the birth of their eldest sonne now called L. Beacham vvhich to say the truth seemeth the hardest pointe to be answered for albeit in the sight of God that marriage might be good and lawful if before their carnal knowledge they gaue mutual consent the one to the other to be man and vvife and vvith that mynde and intention had carnal copulation vvhich thing is also allowed by the late councel of Trent it selfe which disanulleth otherwise al clandestine and secret contracts in such states and countries vvher the authoritie of the said councel is receaued and admitted yet to iustifie these kide of marriages in the face of the church and to make the issue therof legitimate and inheritable to estates and possessions it is necessary by al law and in al nations that there should be some vvitnes to testifie this consent and contract of the parties before their carnal knowledge for that otherwise it should lye in euery particuler mans hand to legitimate any bastard of his by his only woord to the preiudice of others that might in equitie of succession pretend to be his heyres and therfore no doubt but that the Archbishop of Canterbury had great reason to pronounce this contract of the lady Catherin and the earle of Hartford to be insufficient and vnlawful though themselues did affirme that they had giuen mutual consent before of being man vvife and that they came together animo maritali as the law of wedlock requireth but yet for that they were not able to proue their said former consent by lawful vvitnesses their saide coniunction was rightly pronounced vnlawful and so I conclude that the first sonne of these tvvo parties
nature Gen 8. Iob. 1. The chife end of a common vvealth magestrates is religion Genebrard l 1. Chronolde 1 aetate Genes 25. 20. Deut. 21. 2. Paral. 〈◊〉 Regard of religion among gentiles Cicero li. 1. quest tusc. de natura deorum lib. 1. Plutarch aduersus Colotem Aristo l 7 politi c. 8. The absurd Athisemo of our tyme in politiques See before the othes made by princes at their coronations in the 4. chapter The oth to gouernors for defence of religion Collat 2. Nouella constit Iuflin 〈◊〉 〈◊〉 〈◊〉 Note the forme of this othe vvryten An Dn̄i 560. Hovv great a defect is vvant of religion in a Magestrate Lack of religion the chefest cause to exclud a pretendor Vide Digest li. 23. fit 1 leg 8 10. Math. 14. Marc. 10. 1. Cor. 7. Lib. 4. decret Greg. tit 19. c. 7. VVhether 〈◊〉 in religiō be infidelity Act 23. 1. Cor. 8. 2. Cor. 5. 3. Pet. 3. Math. 18. Hovv he that doth agaynst his ovvne consciēce sinneth Rom. 14. 1. Cor. 8. 10. See vppō this place of S. Paul S. Chrisost hom 36. in 〈◊〉 epistolā Orig. l. to Theodor. in hune locum Hovv dāgrous to fauour a pretender of a contrary religion Against vvisdom and policy to preferre 〈◊〉 prince of a contrary religiē The conclusion of the vvhole speech A protestation of the lavvyer VVhy the vvil not determyne of any one title The book of Hales and Sir Nicholas Bacon The but of Hales book First reason 2. Reasun The booke of M. Morgan and iudge Browne Ansvver to the 1. reason To the 2. reason Heghingtons booke George Lilly in fine Epitchronic Anglic. Sundry importag pointes Diuers other notes and pampletes Sir Richard Shelly Franc. Peto A treatise in the behalfe of the Infāta of spaine Discent of V Villiam the Conqueror The children of the conqueror Polid. 1. 2. in fine Stovv in vita Guliel The miseries of Duke Robert and his sonne Stovv in vit Gul. Cōquest VVilliam soune of Duke Robett Belfor 1. 3. cap. 42. An. 1128. King VVilliam Rufus 〈◊〉 l. 2 del hist. del mondo K. Henry Polydor. in vita Henrici 1. The house of Britany by the elder daughter of the Conqueror Belfor l. 3 Pag. 423. Conan Duke of Britanie poysened by VVilliam Con queror Belfor l. 3 cap. 12. An. 1065. ex chronic dionis The daughters of spaine are of the blood royal of Ingland The houses of Aloys VVhy Stephen vvas admitted king of Girard l. 6 Belfor l. 3 The issue of king Stephen K. Henry the 2. Belfor l. 3 cap. 50. An. 1151. Gerard. l. 8. pag. 549 K. Henry the 2. his issue Stovv in vita Henci King RIchard Duke Geffrey Paradyn apud Belforest Belfor l. 3 cap. 71. An. 1203. Belfor l. 4 cap. 4. K. Iohn and his issue Miseries that fell vppō king Iohn Polid. Hol lings Stovv in vitae Iohannis The issue of king Henry the 2. hys daughters Belfor l. 3 cap. 49. An. 1152. The issue of Lady Eleanor Queene of spaine Polidor l. 15. in vit Iohan Stephen Garib li. 22. cap. 31 Queene Berenguela Garibay li. 12. c. 52 Pretences of the Infanta of spayne to Inglish French states K. Henry the 3 and his issue The meeting of three houses Prince Edvvard Duke Edmond Lad. Beatrix daughter of king Henry 3. The pede gree of the dukes of Britanie The great contention betvveene the houses of Mō ford and Bloys in Britanie Burgundy and Orleance The controuersie betvveene the house of monford and Bloys A Questiō about successiō betven the vncle and the neece The house of Blois ouer come The suecession of the Monfords in Britanie Francis last Duke of Britany Hovv the dukdome of Britanie vvas vnited to france 3. The issue male of king Hēry the 〈◊〉 The Bishop of Rosle in his booke of the Q. of Scotts title George Lilly in fine epitomes chron Anglic. That Edvvard vvas the elder Matheus vvest in vit Henrici 3. bollings Ibidem pag. 654. 2. 3. Holling head in vit Henrici 3. pag. 740. 777. 4. Edmonds line neuer pretended to the crovvne 5. Note this consequent 6. The elder ship of Edmond a fiction Polyd in fine vitae Hent 3. The issue of king Edvvard the first The issue of Edmond Crock-back Collateral lynes of Lācastez Fyue sonnes of K. Edvvard 3. The redd rose and the vvhite issue of the black prince The issue of leonel the 2. sonne The issue of Edmond the 4 sonne The issue of Thomas the 5. sonne The issue of the 3. sonne duke of Lancan The issue by Lady Blanch. L. Phillip marryed into Portugāl and her issue Lady Elizabeth second daughter The issue of King Henry the 4. The issue of Iohn of Gant by his 2. vvife The controuersie in Spaine betvveene King Peter the cruel and his bastard brother Garibay l. 15 c. 26. Of Lady Catherin Svvinford hollings head in vita Richardi 2. pag. 1088. The duke of Lancasters ba stards made legitimate Hollingh in vita Rich. 2. pag. 1090. The issue of Catherin Svvinfords chil dren K. Hēry 7. The dukes of Somerset Polidor hist. Ang. lib. 23. Hollings in vita Edvvadi 4. pa. 1314 1340. VVhat heyres of Lancaster novv romaine in The issue of the house of York Richard Earle of Cambrige executed Richard duke of York slayne Edvvard duke of York and King his issue The lyne of the Pooles The lyne of the hastings The Baringtons King Richard 3. Issue of king Henry the 7. Issue of the lady Mary of Scotland Issue of mary 2. sister to K. Henry Lady Francis Stovv An. 7. Edvvard 6. Of Lady Elen or of Suffolk Varietie of authores opinions about this controuersie Polydor in fine vit Henr. 3. initio vit Henr. 4. in vit Rich. An. 1386. The allegations of the house of yorke The storie of the controuersie betvveene Lancaster York Polydor. in vita Richard 2. lib. 20. King Richards de position Cheefe points of the controuersie betvveene Lancaster and York Three pointes about king Richards depositiō That a trevv K. maye be deposed 〈◊〉 Reason 2. Authority 3. Examples VVhether the causes vvere sufficient of King Rich. deposition The house of York chiefe doer in deposing King Richard Polyd. lib. 20. histor Angl. Addit ad Polycromicon Testimony of stories The euil gouermēt of king Richard Stovv in vit Rich. 2. pag. 502 regni 11. Agreat insolēcy The euel parlamēt Stovv an 21. regni Richard The duke of Laneaster called by common request Frosard VValsingham VVhether the manner of deposing King Richard vvere good 1. Roboam deposed by his subiects of ten tribes 2. Reg. 11 12. 2. Paralip cap. 10. Ioram his mother Iesabel deposed by force 4. Reg. 9. 5. Athalia depriued by force 4. Reg. 11. VVhether Lancaster or Yorke should haue entred after king Richard Polidor L. 20. in vit Richard Stovv 〈◊〉 vita Richard 2. VVhether the earle of march or duke of Lancaster should haue luc ceded