noted in the puritan and made them far more egar in defence of their cause according to the saying nitimur in vetitum semper and as a litle brook or ryuer though it be but shalow and tunne neuer so quiet of it selfe yet if many barres and stoppes be made therin it swelleth and riseth to a greater force euen so it seemeth that it hath happened heere wher also the sight remembrāce of so many of their Seminary preistes put to death for their religion as they accompt it hath wrought great impression in their hartes as also the notice they haue receaued of so many colleges and Inglish Seminaries remayning yet and set vp of new both in Flanders France Italie and Spayne for making of other preistes in place of the executed doth greatly animate them holdeth them in hope of continuing still their cause and this at home As for abroade it is easie to consider vvhat their party and confidence is or may be not only by the Inglish that liue in exile and haue their frends and kynred at home but also principally by the affection of forrayne Princes states to fauour their religion whose portes townes and prouinces lye neere vppon Ingland rounde about for such a tyme and purpose could not want commoditie to giue succor vvhich being vveighed together vvith the knowne inclination that way of Ireland and the late declaration made by so many of the Scotish nobility and gentlemen also to fauour that cause all these poyntes I saye put together must needes persuade vs that this body is also great and stronge and like to beare no smale sway in the decyding of this controuersie for the crowne when tyme shal offer it selfe for the same And so much the more for that it is not yet knowne that these are determined vppon any one person whom they vvill follow in that action nor as it semeth are they much inclined to any one of the pretenders in particuler wherin it is thought that the other two partyes either are or may be deuided among themselues and each parte also within it selfe 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 remayne very indifferent to follow any one that shal be set vp for their religion and is lykest to restore and mayntayne the same be he strainger or domestical which determination and vnion in general among themselues if they hold it still and the earle of Darby haue the difference of titles that before hath bin seene and each one his particuler 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 seeme to be like that being both of the blood royal they are thought to haue abased themselues much by their marriages with the two knightes daughters S. Richard Rogers and S. Iohin Spenfer though otherwise both of them very vvorship ful but not their matches in respect of their kinred with the crowne yet doth the alliance of S. Iohn Spenser seeme to bringe many more frends with it then that of S. Richard Rogers by reason of the other daughters of S. Iohn vvel married also to persons of importance as namely the one to S. Georg Catey gouernour of the he of Wight vvho bringeth in also the Lord Hunsdon his father Captaine of Barwick tvvo of the most important peeces that Ingland hath And for that the said Lord Hunsdon and the Lady knowles disceased were brother and sister and both of them children to the Lady Mary Bullen elder sister to Queene Anne here of it cometh that this alliance with S. George Carey may draw after it also the said house of knowles who are many and of much importance as also it may do the husbandes of the other daughters of S. Iohn Spencer with their ahd erents and followers which are nether few nor feeble al which wanteth in the marriage of the Lord Beacham An other difference also in the ability of these two Lords is that the house of Seymers in state and title of nobility is much yonger then the house of Stanleys for that Edward Seymer late earle of Hartford and after duke of Somerset was the first beginner therof who being cut of together with his brother the Admiral so soone as they were could not so setle the saide house especially in the alliance with the residue of the nobilitie as otherwise they would and might haue done But now as it remayneth I do not remember any allyance of that house of any great moment except it be the childrē of S. Hēry Seimer of Hamshire and of S. Edward Seymer of Bery Pomery in Deuonshite if he haue any and of S. Iohn Smith of Essex whose mother vvas sister to the late duke of Somerset or finally the alliance that the late marriage of the earle of Hartford with the Lady Francis Haward may bring with it which cannot be much for so great a purpose as we talke of But the earle of Darby on the other side is very strōgly honorably allied both by father and mother for by his father not to speake of the Stanleys which are many and of good power and one of them matched in the house of Northumberland his said father the old earle had three sisters al wel married and al haue left children and heyres of the houses wherin they were married for the elder vvas married first to the Lord Sturton and after to S. Iohn Arundel and of both houses hath left heyres male The seconde sister vvas married to the Lord Morley by whom she hath left the Lord that now is vvho in lyke manner hath mached vvith the heyre of the Lord Montegle vvho is likevvise a Stanley And finally the third sister vvas married to S. Nicholas Poynes of Glocestershire and by him had a sonne and heyre that yet liueth And this by his fathers side but no lesse alliance hath this earle also by the side of his mother vvho being daughter of George Cliford earle of Cumberland by Lady Eleanor neece of king Henry the seuenth the said Lord George had afterward by a second wife that was daughter of the Lord Dacres of the North both the earle of Cumberland that now is and the Lady wharton who hereby are brother and sister of the halfe blood to the said Countesse of Darby and the Dacres are their Vncles Besides al this the states and posfessions of the two forsaide Lordes are far different for the purposse pretended for that the state of the earle of Hartford is far inferior both for greatnes situation wealth multitude of subiects the like for of that of the Stanleys doth depend the most part of the shires of Lancaster and Chester and a good parte of the North of Wales at least wise by way of obseruance and affection as also the I le of man is
their vvas raysed by some kynde of men about the comming in of king Phillip and what their vvas like to haue byn about the entrance of Monsieur if that purpose had gone for-ward I remember wel said the Lawyer and these men that are of this opinion vvil say to this that it vvas but a populer mutiney without reason or any good grounde at all and only raysed by some crasty heades that misliked the religiō of the princes that were to enter and for some other driftes of their owne but not of any sound reason or argument of state which these men thinke rather to be of their side in good sooth they alleage so many argumentes for their opinion that if you should heare them you would say it weare hard to iudge which opinion had most truth but they are to longe for this place and so said he I shall make an end of the matter that I haue in hand and leaue this pointe for others to discusse With this the whole companye fhewed maruelous great desire to know the reasons that vvere in both parties for this matter so much the more for that it seemed to fal very fit to the purpose of these pretences of forayne princes for vvhich cause they intreated him very instantly that before he passed any further or ended his vvhole discourse of the titles vvhich hitherto they said had greatly contented them he would stay himselfe a litle also vppon this matter which though for a tyme he made great difficultie to do yet in the end beinge so importuned by them he promised that at their meeting the next day he would satisfie their desire and so for that tyme they departed very wel contented but yet as they saide vvith their heades ful of titles and titlers to the crowne VVHETHER IT BE BETTER TO BE VNDER A FORRAINE OR HOMBORNE PRINCE and whether vnder a great mightie Monarch or vnder a litle prince or King CAP. IX THE companye being gathered together the next day and shewing much desire to heare the pointe discussed about forraine gouerment wherof mention had bin made the day before the lawyer began to say that for so much as they would needs haue him to enter into that matter which of it selfe vvas ful of preiudice in most mens eares and myndes for that no nation commonly could abide to heare of being vnder strange gouernours and gouerments he ment to acquite himselfe in this their request as he had done in other matters before vvhich vvas to lay downe only the opinions and reasons of other men that had disputed this affaire on both sides before him and of his owne to affirme or deny nothing And first of al against the dominions of strāgers and Forriners he said that he might discourse without end and fil vp vvhole bookes and volumes vvith the reasons and arguments or at least vvise vvith the dislikes and auersions that al men commonly had to be vnder strangers or to haue any alliens to beare rule or charge ouer thē be they of what cōdition state or degree soeuer and in this he said that as wel philosophers lawmakers wise and good men as others do agree commonly for that vve see both by their wordes writinges and factes that they abhorr to subiect themselues to strang gouerments so as in al the eight bookes of Aristotles politiques you shal still see that in al the different formes of common vvealthes that he setteth downe he presupposeth euer that the gouerment shal be by people of the selfe same nation and the same thing do presume in like manner al those lawmakers that he their mētioneth to vvit Minois Solon Licurgus Numa Pompilius and the rest and he that shal reade the famous inuectiues of Demosthenes against the pretentions of king Phillip of Macedonia that desired to incroch vppon the Athenians and other states of Greece as also his orations against AEschines his aduersarie that vvas thought secretly to fauour the said forrayne prince shal see what hatred that noble Orator had against forraine gouerment and he that shal read the bookes of our tyme either of the Italians vvhen they spake of their subiection in tymes past to the Lōbardes German or french nacions or to the spaniards at this day or shal consider vvhat the french do presently vvrite inueigh against the power of the house of Guyse and Lorayne in Frāce for that they take them to be straingers shal easely see how deeply this auersion against strangers is rooted in their hartes and this for testimony of vvord But now if vve vvil consider the factes that haue ensued about this matter and how much blood hath bin shedd and vvhat desperat attempts haue bin taken in hand by diuers nations for auoyding their subiection to strāgers or for deliuering themselues from the same againe if once they haue fallen into it you shal behold more plainly the very impression of nature herselfe in this affaire for of diuers barbarous nations realmes citties we reade in stories that they rather chose to slea murther themselues then to be vnder the dominiō of strangers others haue aduentured strang attemptes bloody stratagems as the Sicilians who in one day and at the selfe same hower at the tyme of euening song slew al the frenchmen that vvere within the Iland vvhom yet themselues had called and inuited thither not long before and the like is recorded in our Inglish stories of killing the danes by Inglish men at one tyme in most ruful manner and the like was oftentymes thought on also by the Inglish against the Normans when they oppessed vs and by the French against the Inglish whiles we had dominion in France though nether the one nor the other of these latter desigmēts could be effectuated for want of forces and commoditye and by reason of the watchfulnes of the contrary part But yet to speake only of France the rage and fury of the french vvas generally so great and implacable against the Inglish that gouerned theare in the reigne of king Henry the sixt as both Polidor other stories do note at what tyme partly by the dissentions of the houses of York Lancaster in Ingland and partly by the valour of their owne new king Charles the seuenth they had hope to be ridd of the Inglish dominion as no persuasion or reason no feare of punishment no force of armes no promisse or threat no danger no pittie no religion no respect of God nor man could repres or stay them from rysing and reuolting euery where against the Inglish gouerment and gouernours murthering those of the Inglish nation in al partes and corners whersoeuer they found them without remorse or compassion vntil they were vtterly deliuered of their dominion So as this matter is taught vs say these men euen by nature her selfe that strangers gouerment is not to be admitted and moreouer the reasons before alleaged against the king
stock wherof ech part doth spring the disabling of the same stock afterwards by attainders or otherwise the bastardies or other particuler impedimēts that may haue fallen vppon ech discent or branch therof al thes thinges said he may alter the course of common supposed right in him or her that is taken to be next in blood as prouing them not to be truly and lawfully the nerest though they be the next in degree As for example said he the whole multitude of competitors or pretenders which I conceaue may come in consideration or haue action or clayme to the crowne after her Maiesty that now is may be reduced to three or fower first heads or principal stocks to wit to the house of Lancaster a part as descendcd of Iohn of Gant Duke of Lancaster by his first wife Blanche sole heyre of the Duchie of Lancaster And of this branch or stock the most knowne of-spring in thes our dayes are thos Princes that are lineally discended of Don Iuan the first surnamed de boa memoria tenth king of Portugal who marryed with Philip the eldest daughter of the saide Iohn of Gant by his first wife Blanche and thes Princes are king Phillip of Spayne now king also of Portugal the Dukes of Parma and Braganza who descended of the same race as also the Duke of Sauoy one degree after them The second stock is of the house of yorke a part descending 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 are descended the Earle of Huntington with his brothers which also haue children and the ofspring of Geffrey Pole and Sir Thomas Barrington who marryed the other sister of her that was marryed to the Hastings The third stock was in king Henry the seuenthe who being himselfe of the house of lancaster and warying the eldest daughter of Edward the fourth of the house of yorke is presumed to haue ioyned thes two houses together and from this man by his two daughters for of his sonne who was king Henry the eight ther remayneth only the Queeue that now is ther hath proceeded the house of Scotland deuided into the famylies of the king of Scots and Arbella as also the progeny of the two Earles yet liuing of Hartford and Darby Vnto thes three heads which are commonlie knowen to al men some of ourdayes do add also a fourth which may seeme more ancient then ether of al thes three to wit by the Dukes of Brytaine who are discended dyuers wayes of the blood royal of Ingland as maye easely be declared whose heire at this day by lineal discent is the Enfanta of Spaine named Dona Ysabella Clara Eugenia daughter to king Philipp So that heerby wee come to discouer no lesse then ten or eleuen famylies that may pretend and haue al of them frends in Ingland and els wher as yesterday I told you who do not fayle in secret to negotiat and lay plotts for them for that ther are none of thes so far of but to their frends it seemeth the tymes standing as they do that reasons may be giuen for their preferment and good hope conceaued of preualying You do wel to adde said a Captayne ther present the tymes standing as they do or at least wise as they are like to stand when this matter must come to trial at what tyme I beleue not you lawyers but we souldiars must determyne this title and then no doubt if ther were not only thes tenn by you named but twenty moore also of the blood royal that would pretend and had frends and money to stand by them we should admit their causes to examination and perhapps giue sentence for him that by your lawes would sonest be excluded for whe matters come to snatching it is hard to say who shal haue the bet ter part I do not ad this circumstance of the tyme said the lawyer as though it were the only or principal poynt which maketh doubtful the matter of successiō though I confesse that it helpeth ther-vnto greatly in respect of the great variety of mens affections at this day in religion which do incline them commonly to iudge for him whom they best loue but besids this I do say that were the tymes neuer so quiet and religion neuer so vniforme yet are ther great doubtes in many mens heades about the lawfulnes of diuers pretentions of the famylies before named but if you adde vnto this the said wonderfull diuersity in matters of religiō also which this tyme yealdeth you shal finde the euent much more doubtfull and consequently it is no maruaile though many may remaine in hope to preuaile seing that wher many are admitted to stand for a preferment ther diuers may haue probality also of speeding An example you may take said the Ciuiliā lawyer in the Roman Conclaue at the popes election wher among three or sower score Cardinales that enter in for electors few ther are that haue not hope also to be elected not for that they see themselues all as well qualified as others but because oftentymes when diuers that are more forward by likely hode cannot be agreed vppon it falleth to the lott of hun that is fardest of and so it may among your pretender's quoth he in Ingland Your example said the temporal lawyer confirmeth somewhat of that I meane though it be not al togeather in like matter or maner for that the pope is made by electiō here we talke of a king by succession Your succession said the Ciuilian includeth also an election or approbation of the common wealth and so doth the succession of al kings in Christendome besides as wel appeareth by the manner of their new admission at their coronations wher the people are demaunded agayne if they be content to accept such a man for their King thoughe his title of neernes by blood be neuer so cleere And therfore much more it is like to be in this case of Inglish pretenders now wher their lawful neernes in blood is so doubtful as you haue signified so I do come to confirme your former proposition of the doubtfulnes of the next successor in Ingland with an other reason besids that which you haue alleaged of the ambiguity of their true propoinquity in blood for I say further that albeit the neernes of each mans succession in blood were euidently knowne yet were it very vncertayne as things now stand in Ingland and in the rest of Christendome rownd about who should preuaile for that it is not enough for a man to be next only in blood therby to pretend a crowne but that other circumstances also must concurre which if they want the bare propinquity or ancetrie of blood may iustly be reiected and he that is second third fourth fifth or last may lawfully be preferred before the first and this by al law both diuine and
in Magistrats and for that the former is of nature the other also is of nature Al which is confitmed also by the consent vse of al nations through-out the world which general consent Cicero calleth ipsius vocem naturae the voice of nature herselfe for ther was neuer yet nation found ether of ancient tyme or now in our dayes by the discouery of the Indies or els where among vvhom men liuing together had not some kind of Magestrate or superior to gouerne them which euidently declareth that this poynt of Magestrates is also of nature and from god that created nature which poynt our ciuil law doth proue in like manner in the very begining of our digestes vvher the secōd title of the first booke is de origineiuris ciuilis omnium magestratuum of the begining of the ciuil law and of al magestrates which begining is referred to this first principle of natural instinct and Gods institution And last of al that God did concurr also expresly vvith this instinct of nature our diuines do proue by cleare testimony of holy scripture as vvhen God saith to Salomon by me kings do raigne and S. Paule to the Romans auoucheth that autbority is not but of God and therfore he which resisteth authority resisteth God Which is to be vnderstood of authority power or iutisdiction in it selfe according to the first institution as also vvhen it is lawfully laid vppō any person for otherwise when it is ether vvrongfully taken or vniustly vsed it may be resisted in diuers cases as afterwards more in particuler shal be declared for then it is not law ful authority Thes two poynts then are of nature to wit the common wealth and gouerment of the same by magistrates but vvhat kind of gouermēt ech common vvealth vvil haue whether Democratia vvhich is popular gouerment by the people it selfe as Athens Thebes and many other cyties of Greece had in old tyme as the Cantons of Swizers at this day haue or els Aristocratia vvhich is the gouerment of some certayne chosen number of the best as the Romans many yeares vvere gouerned by Consuls and senators and at this day the states of this countrey of Holland do imitate the same or els Monarchia vvhich is the regiment of one and this agayne eyther of an Emperor King Duke Earle or the like thes particuler formes of gouerment I say are not determyned by God or nature as the other two poyntes before for thē they should be al one in al nations as the other are seing God and nature are one to al as often hath bin said but thes particuler formes are left vnto euery nation and countrey to chuse that forme of gouerment which they shal like best and think most fit for the natures and conditions of their people vvhich Aristotle proueth through out al the second and fourth bookes of his politiques very largly laying dovvne diuers kinds of gouerments in his dayes as namely in Greece that of the Milesians Lacedemonians Candians and others and shevving the causes of their differences which he attributeth to the diuersity of mens natures customes educations and other such causes that made them make choise of such or such forme of gouerment And this might be proued also by infinit other examples both of tymes past and present and in al nations and countryes both christian and otherwise which haue not had only differēt fassions of gouermēts the one frō the other but euen among themselues at one tyme one forme of gouerment and an other at other tymes for the Romans first had Kings and after reiecting them for their euil gouerment they chose 〈◊〉 vvhich vvere two gouernours for euervycare vvhose authority yet they limited by a multitude of senators which vvere of their counsel and thes mens power vvas restrayned also by adding tribunes of the people and some tyme dictators and finally they came to be gouerned last of al by Emperors The like might be said of Carthage in Africa and many cityes and common wealthes of Greece which in diuers seasons and vppon diuers causes haue taken different formes of gouerment to themselues The like vve see in Europe at this day for in only Italye what different formes of gouerment haue you Naples hath a kinge for their soueraine Rome the pope and vnder him one senator in place of so many as vvere wont to be in that common vvealth Venice and Genua haue senators Dukes but litle authority haue ther Dukes Florence Farara Mantua Parma Vrbin and Sauoy haue their Dukes only without senators and there power is absolut Milan vvas once a kingdom but now a Dukedom the like is of Burgundy Lorayne Bauire Gascony and Britayne the lesser al which once had their distinct kings and now haue Dukes for their supreme gouernours The like may be said of al Germany that many yeares together had one king ouer al which now is deuided into so many Dukedomes Earldomes other like titles of supreme Princes But the contrary is of Castile Aragon Portugal Barcelona and orher kingdomes this day in Spayne which vvere first earldomes only and after Dukedomes and then kingdomes and now a gayne are al vnder one Monarchy The like is of Boeme and Polonia which vvere but Dukedomes in old tyme and now are kingdomes The like may be said of France also after the expulsion of the Romans vvhich was first a monarchy vnder Pharamond their first king and so continued for many yeares vnder Clodion Merouys Childrik and Clodouaeus ther first christened kings but after they deuided it into fower kingdomes to vvit one of Paris an other of Suessons the third of Orleans and the fourth of Metts and so it continued for diuers yeares but yet aftervvards they made it one monarchy agayne England also vvas first a monarchy vnder the Britaynes and then a prouince vnder the Romans and after that deuided into seauen kingdomes at once vnder the Saxons and novv a monarchy agayne vnder the Inglish and al this by Gods permission and approbation vvho in token therof suffred his owne peculier people also of Israel to be vnder diuers manners of gouerments in diuers tymes as first vnder Patriarques Abraham Isaac and Iacob then vnder Captaynes as Moses Iosua and the like then vnder iudges as Othoniel Aiod and Gedion then vnder high Priestes as Hely and Samuel then vnder kings as Saul Dauid and the rest then vnder captaines highe priests agayne as Zorobabelludas Machabeus his brethren vntil the gouerment vvas lastely taken from them and they brought vnder the povver of the Romans and forraine kinges appoynted by them So as of al this ther can be no doubt but that the common vvealth hath power to chuse their owne fassion of gouerment as also to change the same vppon resonable causes as we see they haue done in al tymes and countryes and God no
France I do not see His other proposition is That albeit the heyre apparent which is next by birth to any crowne should be neuer so impotent or vnfit to gouerne as if for examples sake he should be depriued of his senses madd furious lunatique a foole or the like or that he should be knowne ō the other side to be most malicious wicked vitious or abhominable or should degenerat into a very beast yea if it were knowne that he should go about to destroy the common wealth and drowne the shipp which he had to guide yet saith this man he must be sacred and holy vnto vs and admitted whithout condradiction to his inheritance which God nature hath laid vppon him his direction restaint or punishment must only be remitted to God alone for that no mā or cōmun wealth may reforme or restraine him Thus saith Belloy which I doubt not vvil feme vnto you rather belly and base doctrine then to come from the head of any learned or discreet man that regardeth the end why common vvealthes and kingdomes and al gouerments vvere ordeyned by God and nature and not the flattering or adoring of any one miserable man that shal stand ouer them to distroy the vvhole But novv to the particuler matter that vve are to treat vvhich is vvhat is to be attributed to this succession or propinquity of birth alone I am of opinion as before I signified that albeit ther vvant not reasons on both sides among learned men vvhat kinde of prouiding gouernors to common vvealthes is best either by simple and free election only or by succession of birth my opinion I say is that succession is much to be preferred not for that it vvanteth al difficulties and inconueniences vvhich al temporal things vppon earth haue but lyke as before I haue shewed of the particular gouerment of a monarchie in respect of other formes of regimēt to wit that it wanted not al but had fevver inconueniences then other formes of regiment haue so say I also of this that albeit some inconueniences want not in succession yet are they commonly far lesse and fewer then would follow by mere electiō vvhich is subiect to great and continual dangers of ambition emulation diuision sedition and contention which do bring vvith them euident peril of vniuersal destruction desoiation of the vvhole body this at euery change of the Prince vvhich change on the other side is much assured by succession for that great occasions of strife and contention are ther by cut of And besides this the Prince vvho is in present possession knowing that his sonne or next of kynn is to be his heyre hath more care to leaue the realme in good order as vve see that the husband man hath to til and manure that ground vvhich is his owne and to remayne to his posterity A third commodity also ther is for that lesse mutations and alterations are seene in the common vvealth wher succession preuayleth for that the sonne following his father doth commonly retayne the same frends councellers officiers and seruants vvhich his father had before him pursueth the same actions and intentions vvith the same māner of proceding for the most part vvher as he that entereth by election being an allien to him that vvent before him neuer lightly his frend doth change alter and turne vpsidowne al things Further more which may be also a fourth reason he that entereth by succession for that he is either borne a Prince or hath bin much respected stil for his title to the crowne bringeth vvith him lesse passions of hatred emulation anger enuy or reuenge agaynst particuler men for that no man durst offend him then doth he vvhich entreth by only election for that he hauing bin a subiect and equal to others before his aduancement and therby holden contention with many especially at this election must needs haue matter of quarrel with many vvhich he vvil seeke easily to reuenge whē he is in authority as on the other side also such as were his equales before wil beare him lesse respect more vnwillingly be vnder him then if by birth he had bin ther soueraine Thes and diuets other are the commodities of succession whervnto vve may also ad the preheminence and priuilegde of primogenitura and auncetrie of birth so much respected commended by holy writ not only in men but in al other creatures also whos first borne were dedicated to God himselfe and one notable example among other occurreth to my mynde of the two sonnes of Isaac of the which two albeit God had ordeyned to chuse the yonger before he was borne at S. Paul testifieth and to reiect the elder that is to say that Iacob should inherite the benediction and not Esau Yet would God haue this yonger to procure the said priuilege of elder ship frō Esau by diuers meanes as first by bargaine and after by guile according to the storie we read in Genes Out of which story two points may be ponde red much to our purpose first that primogenitura or elder ship of birth as I haue said was greatly respected by God and according to that al the discents and successions of kinges were commonly among that people for that ordinarily the eldest sonne euer succeded his father in the crowne of Iury. And the second pointe is that God would shew euen in this begining that yet this priuilege was not so inuiolable but that vppon iust causes it might be broken as it was by this his choyse of Iacob the yōger and reiecting Esau the Elder and many times after in matter of gouerment the same was practised by God him self as vvhen Iuda the fourth tribe and not Ruben the first eldest was appointed by God to enioy the scepter and crowne of the Iewes as also when king Dauid dyed not his first second or third sonne but his tenth in order to wit Salomon who was also the fourth that he had by Bersabee vvas appointed for his successor So that in very deede we haue here both out two cases that were propounded in the begining ouerruled and determined by authority and example of holy writ it selfe namely and first of al that priority and propinquity of blood in succession is greatly to be honored regarded and preferred in al affaires of dignity and principallity and yet which is the second pointe are we not so absolutly peremptorily bound thervnto alwayes but that vppon iust and vrgent 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 inconueniences as do or may ensew of the course of succession vvhich inconueniences as before I shewed to be far lesse and fewer then are wont to follow of bare election alone yet did I confesse also that some did or might fal out as namely that the
person vvho by succession of blood is next may be vnable or vnfit or pernicious to gouerne in vvhich cases the remedy is as before hath bin declared ether to helpe and assist him by lawes directions and vvise councells if he be capable therunto or els to remoue him and take in another of the same blood royal though further of in degree or propinquity in his place And this is and hath bin the custome and practice of al kingdomes and common vvealthes from the beginning since succession hath bin established among them as afterwards I shal demōstrate vnto you by great store of euident examples and presidentes by this meanes vve come to remedy the difficulties and inconueniences of both kindes of making our kings and princes vvhich are election and succession as hath bin said for by succession vve do remedy the inconueniences and dangers before mentioned of bare election to vvit of strife banding ambition and the like and by this other meane of adding also election consent and approbation of the realme to succession vve remedy the inconueniences of bare succession alone vvhich inconueniences are principaly that some vn-apt impotent or euel prince may be offered some times to enter by priority of blood vvherof the realme may deliuer it selfe by this other meanes of not admitting him so as election by succession and succession agayne by election is salued the one made a preseruatiue and treacle to the other this is the vvisdome and high policie left by God and nature to euery common vvealth for ther owne conseruation and maintenance and euery man that is of reason and iudgment and void of passion wil not only allow but also highly commend the same Now then to answere in particuler to the two questions made at the beginning of this speech to vvit vvhat is to be attributed to succession alone and secondly vvhat interest a prince hath ther-by to any crowne before he be crowned or admitted by theō cmon vveath To the first I say that to succession alone or priority of blood only great honor reuerence and respect ought to be borne as before hath bin declared for that it is the principal circumstance and condition vvhich leadeth vs to the next succession of the crowne infalibly and vvithout al strife if his propinquity be cleare and euident and that other necessary circumstances and conditions do concurr also in the same person vvhich condicions vvere appointed and set downe at the same time and by the same authority that this law of succession vvas established for that both the one the other of thes two points vvere ordeyned by the common vvealth to vvit that the elder and first in blood should succeede and that he should be such a person as can and vvil gouerne to the publique vveale of al as often and largely before hath bin auouched and proued To the second question I answere that an heyre apparent to a crowne before his coronation and admission by the realme if he haue the conditions before required hath the same interest to the kingdome vvhich the king of Romans or Caesar hath to the Germane empyre after his election and before he be crowned or to vse a more familier example to Inglish men as the Mayor of London hath to the mairalrie after he is chosen and before he be admitted or haue taken his oth For as this man in 〈◊〉 is not truly mayor nor hath not his iurisdiction before his oth and admission nor the other is properly Emperor before he be crowned so is not an heyte apparent truly king though his predecessor be dead and he next in succession vntil he be crowned or admitted by the common vvealth An other example is ther in mariage also vvherby our matter is made more playne for in this contract go both the betrothing and actual ioyning together of the parties in wedlock the first is dōne by wordes de futuro or for the time to come and is not properly mariage but espousal only the other is by vvords de presenti that is by mutual present consent giuen of both parties and this seconde is only and properly true mariage which two points are expresly represented in the state of an heyre apparent and of a crowned king for that the heyre apparent by propinquity of blood is only espoused or betrothed to the common wealth for the time to come and is marryed afterwards by present mutual consent of both parties in the contract and knitting vp of the matter at his coronation by the othes vvhich ether part maketh the one to take the other by puting on the ring and other wedding garments before mentioned in ther coronations by al vvhich the heyre apparent vvhich before vvas but espouse is made now the true king and husband of the common vvealth vvhich before he was not by only succession but only a betrothed spouse or designed king as hath bin declared Wherfore it followeth also that the commō vvealth oweth no allegeance or subiection vnto the heyre apparent in rigour of iustice vntil he be crowned or admitted though his predecessor be dead for that in very deede vntil that time he is not ther true king soueraine though for better keping of order auoyding of tumults al common wealthes lightly that haue ther princes by succession haue ordeyned in thes later ages that from the death of the former princes al matters of gouerment shal passe in the name of his next successor if his succession be cleere and this as I say for auoyding of garboyles and vnder supposal of confirmation and approbation afterward of the cōmon wealth at his coronatiō for which cause also and for better accompt of yeares it was ordeyned that the beginning of the successors reigne should be reconed from the day of the death of his predecessor and not from the day of his coronation as otherwise in rigor it ought to be and as in old time it was accustomed to be as Girard secretary and chronicler of France doth wisely note in his third booke of the estate and affaires of France to wit that kings in old time vvere vvotit to accompt the yeares of ther reignes from the day only of ther annoynting and coronation This pointe also that heyres apparent are not true kings vntil ther coronatiou how iust soeuer thet title of succession otherwise be and though ther predecessors be dead it might be confirmed by many other arguments but especially and aboue al others for that the realme is asked agayne three times at their coronatiō whether they wil haue such a māto be king or no as before hath bin shewed which thing vvere in vayne to aske if he vvere truly king as Belloy sayeth before his coronation Againe we see in al the formes and different manners of coronations before recited that after the prince hath sworne diuers times to gouerne wel and iustly then do the subiects take other othes
our lord 1170. but his deuise had no good successe for that king Henry the yonger made war soore after vppō king Henry the elder had both the kings of France and Scotland many nobles of ingland and Normandie to take his part for which cause it is thought that this thing hath neuer bin put in practise againe since that tyme in Ingland but yet heerby it is euident what the opinion of the world vvas in those dayes of the force of coronation and admission of the common vvealth how litle propinquitie of blood preuaileth vvithout that And for more ample profe heerof and fuller cōclusion of al the whole matter I had thought to haue laid downe also in this place some number of the most nororious examples that I haue read for I haue read many vvherin the commō vvealth vppon iust occasions hath extended her authority to alter the natural course of succession by birth but for that the thing requireth some litle study and loking ouer some notes that I haue taken out of stories for helpe of memorie I shal deferr it vntil our next meeting at vvhat tyme I shall by Gods grace make this pointe very cleere and so ende my vvhole discourse for I see that I haue bin much longer then at the beginning I purposed and now I desire much to giue place vnto our temporal lawyer heere present vvho I doubt not hath matter to say of more delectation pleasure then this though you of your curtesies haue done me so much sauour as to heare me hitherto vvith patience and attention Whervnto the vvhole company answered that not vvith patience but vvith great pleasure delight and contentation they had hard him and so they vvould do the temporal lawer also in his turne but yet they desired him that nothing of this discourse might be omitted but vvholy finished for that it gaue very great satisfaction to al and opened many important pointes vnto them vvhich they had neuer thought of before and vvith this they parted for that night euery man vnto his loging habitation HOVV THE NEXT IN SVCCESSION BY PROPINQVITY OF BLOOD HATH OFTEN tymes bin put back by the commonwealth others further of admitted in their places euen in those kingdomes where succession preuaileth with many examples of the kingdomes of Israel and Spayne CAP. VII AT the next meeting the Ciuilian camein very pensiue as though his head had bin ful of study vvherof being asked the reason he answered that he had reuolued many stories since his departure about the pointe vvhich he promised to treat of that he had found such store and great variety of matter as he knew not vvel vvher to begin and much lesse where to end for quoth he if I should begin with the 〈◊〉 kinges before mentioned it vvere infinite that might be alleaged and perhaps some man vvould say they vvere ouer old and far fetched examples and cannot be presidents to vs in these ages if I lay before you the examples of Romane kings and emperors put in and out against the law and right of succession the same men perhapps vvil answer that it vvas by force and iniury of mutinous souldiars whervnto that common wealth was greatly subiect And if I should bring forth any presidents and examples of holy scriptures some other might chance to reply that this was by particuler priuilege vvherin God almightie would deale and dispose of things against the ordinary course of mans law as best liked himselfe whose wil is more then law and whose actions are right it selfe for that he is lord of al and to be limited by no rule or law of man but yet that this is not properly the acte of a common wealth as our question demanndeth Thus I say it may be that some man would reply and therfore hauing store inough of plaine and euident matter vvhich hath no exception for that it hath happened in setled commō vvealthes those 〈◊〉 home where the law of succession is receaued and established to vvit in Spayne France and Ingland I shal retyre my selfe to them aloue but yet putting you in mynd before I passe any further that it is a matter much to be marked how god delt in this poynt vvith the people of Israel at the beginning after he had graunted to them that they should hauve the same gouerment of kings that other nations round about the had vvhos kings did ordinarily reigne by succession as ours do at this day and as al the kings of the Iewes did afterwards and yet this not-vvith standing God at the beginning to vvit at the very entrance of their first kings vvould shew playnely that this law of succeding of the one the other by birth and propinquity of blood though for the most part it should preuaile yet that it was not so precisely necessary but that vppon iust causes it might be altered For proofe wherof we are to consider that albeit he made Saule a trew and lawful king ouer the lewes consequently also gaue him al kingly priuileges benefites and prerogatiues belonging to that degree and state wherof one principal as you know is to haue his children succede after him in the crowne yet after his death God suffred not any one of his generatiō to succed him though he left behinde him many children and among others Is boseth a prince of 40. yeares of age vvhom Abner the general captayne of that nation with eleuē tribes followed for a tyme as their lawful lord and master by succession vntil God checked them for it and induced them to reiect him though heyre apparent by discent and to cleaue to Dauid newly elected king vvho vvas a stranget by birthe no kynee at al to the king deceased And if you say heere that this vvas for the sinne of Saule vvhom God had reiected I do confesse it but yet this is nothing against our purpose for that vve pretend not that a prince that is next in blood can iustly be put back except it be for his owne defects or those of his ancestors And moreouer I vvould haue you consider that by this it is euident that the fault of the father may preiudicate the sonnes right to the crowne albeit the sonne haue no parte in the fault as vve may se in this example not only of Isboseth that vvas punished and depriued for the offence of Saul his father not with standing he had bin proclay med king as hath bin said but also of Ionathas Saules other sonne vvho vvas so good a man and so much praysed in holy seripture yet he being slayne in warr and leauing a sonne named Miphiboseth he vvas put back also though by nearnes of blood he had great interest in the succession as you see and much before Dauid But Dauid being placed in the crowne by election free consent admission of the people of Israel as the scripture playnly testifieth
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
to defend well ther realme and subiects then the others were But to proceede said he more distinctly and more perspicuously in this matter I would haue you cal to mynde one point among others which I alleaged before out of Girard the frēch author to wit that the king of france in his coronation is new apparaled three tymes in one day once as a prieste then as a iudge and last as a king armed Therby to signifie three thynges committed to his charge first religion then iustice then man-hood and chiualry for the defence of the realme This diuision semeth to me very good and fitt quoth he and to comprehend al that a wealpublique hath neede of for her happy state and felicity both in soule and body and for her end both supernatural and natural For by the first which is religion her subiects do attayne vnto their end spiritual supernatural which is the saluation of their soules by the second and third which are iustice and defēce they enioy their felicity temporal which is to liue in peace among them selues and safety from their enimyes for which cause it seemeth that these are the three points which most are to be regarded in euery Prince that commeth to gouerment and much more in him that is not yet admitted therunto but offreth himselfe to the common wealth for the same purpose And for that the later two of thes three points which are iustice man-hood hath bin often had in consideration in the examples of changes before mentioned and the first point which is religion hath rarely or neuer at al byn talked of for that in former tymes the prince and the people were alwaves of one and the same religion and scarse euer any question or doubt fel in that behalfe which yet in our dayes is the principal differēce and chiefest difficultie of al other for thes causes I say shal I accommodate my selfe to the circumstance of the tyme wherin we liue and to the present case vvhich is in question betwixt vs about the succession of Ingland and leauing a side those other two considerations of iustice and chiualry in a king vvhich are far lesse important then the other though yet so highly regarded by ancient cōmon wealthes as you haue hard I shal treate principally of religion in this place as of the first and highest and most necessary pointe of al other to be considered in the admission of any prince for the profit of his subiects for that without this he destroyeth al and vvith this albeit he should haue defects in the other two pointes of iustice and manhode yet may it be holpen or his defect or negligence maye be supplyed much by others as after I shal shew more in particuler but if he vvant feare of God or care of religion or be peruersly persuaded therin the domage of the weale publique is inestimable First of al then for better vnderstanding of this point vve are to suppose that the first cheefest and highest ende that God and nature appointed to euery common wealth vvas not so much the temporal felicity of the body as the supernatural and euerlasting of the soule and this vvas not only reuealed to the Iewes by holy scripture but also vnto the gentiles and heathens by the instinct and light of nature it selfe For by this light of natural reason the learned sort of them came to vnderstand the immortality of the soule that her felicity perfection and ful contentmēt which they called her final ende and summum bonum could not be in this life nor in any thing created vnder heauen but must needs be in the life to come and that by atteyning to enioy some infinite endles immortal obiect which could fully satisfie the appetite of our soule this could be no other then God the maker of al himselfe And that consequently al other things of this transitory life and of this humane common wealth subiect to mans eyes are ordeyned to serue and be subordinate directed to the other higher ende and that al mans actions in this vvorld are first of al and in the highest degree to be imployed to the recognising seruing and honoring of this great Lord that gouerneth the whole as author and end of al. To this light I say came the heathens euen by the instinct and direction of nature whereof insued that ther was neuer yet pagan Philosopher that wrote of framing a good common vvealth as Socrates Plato Plutarch Cicero and others nether lawmaker among them that left ordināces for the same purpose as Deucalion Minos Zaleucus Licurgus Solō Ion Numa or the like vvhich besides the temporal ende of directing thinges wel for the body had not especial care also of matters apperteyning to the mynde to vvit of nourishing honoring and revvarding of vertue and for restrayning and punishing of vice and vvickednes vvherby is euident that their end and butt was to make their cytizens good and vertuous which vvas a higher end then to haue a bare consideration of temporal and bodily benifits only as many gouernours of our dayes though Christians in name seeme to haue vvho pretend no higher end in ther gouerment then bodily vvealth and a certayne temporal king of peace and iustice among ther subiects vvhich diuers beasts also do reach vnto in ther congregations and common wealthes as is to be seeme among emetts and bees cranes lyons and other such creatures that by instinct of nature are sociable and do liue in company and consequently also do maynteyne so mnch order and pollicy in ther common vvealth as is needful for their preseruation and continuance But nature taught man a far higher and more excellent ende in his common wealth which was not only to prouide for thos bodily benefits that are common also to creatures without reason but much more for those of the mynd and aboue al for the seruing of that high and supreme God that is the beginning end of al the rest For whose seruice also they learned by the same instinct and instirutiō of nature that the chiefest and supremest honor that could be done vnto him in this life by man was the honor of sacrifice and oblations vvhich we see vvas begun and practised euen in those first beginnings of the law of nature before the leuitical law and the particuler formes of this same law were prescribed by Moyses For so we read in Genesis of Noë that he made an alter and offred sacrifices to God vppon the same of al the beastes and byrdes that he had in the arke odoratusque est Dominus odorem suauitatis and God receaued the smel of thes sacrifices as a sweet smel Which is to say that God was highly pleased therwith and the like vve reade of Iob that vvas a gentile and liued before Moyses Sanctificabat filios consurgensque diluculo offerebat holocausta per dies singulos He did sanctifie his
of three bretheren the elder dye without issue and the second leaue a sonne yet in the inheritance and succession of the crowne it goeth otherwise as by al the former eight examples haue bin shewed and this is the first they saye about the common law The second pointe which they affirme is that the ground of our common lawes consisteth principally and almost only about this pointe of the crowne in custome for so say they we see by experience that nothing in effect is written therof in the common law and al old lawyers do affirme this pointe as vvere Ranulfus de Granuilla in his booke of the lawes and customes of Ingland vvhich he vvrote in the tyme of king Henry the second and Iudge Fortescue in his booke of the prayse of Inglish lawes vvhich he compiled in the tyme of king Henry the sixt and others Wherof these men do inferr that seing there are so many presidēts and examples alleaged before of the vncles case preferred before the nephew not only in forayne countryes but also in Ingland for this cause I saye they do affirme that our cōmon lawes cannot but fauour also this title and cōsequently must needs like vvel of the interest of Lancaster as they auouch that al the best old lawyers did in those tymes for example they do record two by name of the most famous learned men vvhich those ages had who not only defended the said title of Lancaster in those dayes but also suffred much for the same The one vvas the forenamed iudge Fortescue Chancelor of Ingland and named father of the common lawes in that age vvho fled out os Ingland vvhith the Queene vvife of king Henry the sixt vvith the prince her sonne and liued in banishment in france vvhere it seemeth also that he vvrote his learned booke intituled de laudibus legum Angliae And the other vvas Sir Thomas Thorope chiefe Baron of the excheker in the same reigne of the same king Henry the sixt vvho being aftervvard put into the tower by the Princes of the house of Yorke for his eger defence of the title of Lancaster remayned ther a long tyme and after being deliuered was beheaded at hygate in a tumulte in the dayes of king Edward the fourth These then are the allegations which the fauourers of the house of Lācaster do lay downe for the iustyfying of that title affirming first that Iohn of Gaunt duke of Lancaster ought to haue succeded his father K. Edward the third immediately before king Richard and that iniury vvas done vnto him in that king Richard vvas preferred And secondly that king Richard vvere his right neuer so good vvas iustly orderly deposed for his euil gouerment by lawful authority of the common wealth And thirdly that after his deposition Henry duke of Lancaster sonne heyre of Iohn of Gaunt vvas next in succession euery vvay both in respect of the right of his father as also for that he vvas two degrees neerer to the king deposed then vvas Edmond Mortimer descended of Leonel duke of Clarence and these are the principal and substancial proofes of their right and title But yet besides these they do add also these other arguments and cōsiderations following first that vvhat soeuer right or pretence the house of Yorke had the princes therof did forfeit and leese the same many tymes by their cōspiraces rehellions attainders as namely Richard earle of Cambrige that married the lady Anne Mortimer and by her tooke his pretence to the crowne vvas conuicted of a conspiracy against king Henry the fift in Southampton as before I haue said and there vvas put to death for the same by iudgment of the king and of al his peeres in the yeare 1415. the duke of Yorke his elder brother being one of the iury that condēned him This earle Richards sonne also named Richard comming afterward by the death of his vncle to be duke of York first of al made open clay me to the crowne by the title of Yorke But yet after many othes sworne and broken to king Henry the sixt he was attaynted of treason I meane bothe he and Edward his sonne then earle of march which aftervvard vvas king vvith the rest of his ofspringe euen to the nynth degree as Stow affirmeth in a parlament holden at Couentry in the yeare 1459. and in the 38. yeare of the reigne of the said king Henry and the very next yeare after the said Richard was slayne in the same quarrel but the honse of Lācaster say these mē was neuer attainted of any such crime Secondly they saye that the house of Yorke did enter only by violence by infinite blood-shedd and by wilful murthering not only of diuers of the nobilitie both spiritual and temporal but also of both king Hēry the sixt hym self and of prince Edward his sonne and by a certaine populer and mutinous election of a certaine few souldiers in Smithfield of Lōdon and this vvas the entrance of the howse of Yorke to the crowne vvheras king Henry the fourth first king of the house of Lancaster entred vvithout bloodshedd as hath bin shewed beinge called home by the requestes and letters of the people and nobility and his election admission to the crowne vvas orderly and authorized by general consent of parlament in the doing therof Thirdly they alleage that king Hēry the sixt put downe by the house of Yorke was a good and holy king and had reigned peaceably 40 yeares and neuer committed any act vvorthy deposition vvheras king Richard the second had many waies deserued the same as him selfe came to acknowledge and ther vppon made a personal solemne and publique resignation of the said crowne vnto his cosen Henry of Lancaster the which iustified much the said Henries entrance Fourthly they alleage that the housa of Lancaster had bin in possession of the crowne vppon the pointe of 60. yeares before the house of Yorke did raise trouble vnto them for the same in vvhich tyme their title was confirmed by many parlaments othes approbations and publique acts of the common vvealth and by the nobles peeres and people therof and by the states both spiritual and temporal and vvith the cōsent of al foraine nations so that if there had bin any fault in their first entrance yet vvas this sufficient to authorize the same as we see it vvas in the title of king William the Conqueror and of his two sonnes king William Rufus and king Henry the first that entred before their elder brother and of king Iohn that entred before his nephew of his sonne king Henry the third that entred after his fathers depriuation and after the election of prince Lewis of france as also of Edward the third that entred by deposition of his owne father of al which titles yet might there haue bin doubt made at the begining but by tyme and durance of possession and
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
or collegiate church is remayned on foote vvith the rents and dignities therunto apperteyning and vvhen our nobilytie shal remember how the nobilitie of Scotland is subiect at this day to a few ordinary and common ministers vvithout any head vvho in their synodes and assemblies haue authority to put to the horne and driue out of the realme any noble man vvhatsoeuer vvithout remedy or redresse except he vvil yeald and humble himselfe to them and that the king himselfe standeth in avve of this exorbitant and populer povver of his ministers and is content to yeld therunto it is to be thought say these men that few Inglish be they of vvhat religion or opinion so-euer vvil shevv themselues forvvard to receaue such a King in respect of his religion that hath no better order in his ovvne at home and thus much concerning the King of Scotland Now then it remayneth that we come to treat of the lady Arbella second branch of the house of Scotlād touching whose title though much of that vvhich hath bin said before for or against the king of Scotland may also be vnderstoode to apparteyne vnto her for that she is of the same house yet shal I in this place repeat in few wordes the principal points that are alleaged in her behalfe or preiudice First of al then is alleaged for her and by her fauourers that she is descended of the foresaid lady Margaret eldest daughter of king Henry the seuenth by her second marriage vvith Archibald Duglas earle of Anguys and that she is in the third degree only from her for that she is the daughter of Charles Steward vvho was sonne to Margaret Countesse of Lenox daughter to the said lady Margaret Queene of Scots so as this lady Arbella is but neece once remoued vnto the said Queene Margaret to vvit in equal degree of discent vvith the king of Scots vvhich king being excluded as the fauorers of this vvoman do affirme by the causes and arguments before alleaged against hym no reason say they but that this lady should enter in his place as next in blood vnto him Secondly is alleaged in her behalfe that she as an Inglish vvoman borne in Ingland and of parents vvho at the tyme of her birth vvere of Inglish alleageance vvherin she goeth before the king of Scots as hath bin seene as also in this other principal pointe that by her admission no such inconuenience can be feared of bringing in strangers or causing troobles sedition vvith-in the realme as in the pretence of the Scotish king hath bin considered and this in effect is al that I haue heard alleaged for her But against her by other competitors and their frendes I haue hard diuers arguments of no smale importance and consideration produced vvherof the first is that vvhich before hath bin alleaged against the king of Scotlād in like māner to wit that neither of them is properly of the house of Lancaster as in the genealogie set downe in the third chapter hath appeared And secondly that the title of Lācaster is before the pretence of Yorke as hath bin proued in the fourth chapter wherof is inferred that neythere the king of Scots nor Arbella are next in successiō and for that of these two propositiōs ther hath bin much treated before I remitte me therunto only promising that of the first of the tvvo vvhich is how king Henry the seuēth vvas of the house of Lancaster touching right of succession I shal handle more particulerly afterward vvhen I come to speake of the house of Portugal vvherby also shal appeare playnly vvhat pretence of succession to the crowne or duchy of Lancaster the discendentes of the said king Henry can iustely make The second impediment against the lady Arbella is the aforesaid testament of king Henry the eight and the two acts of parlaments for authorising of the same by al vvhich is pretended that the house of Suffolke is preferred before this other of Scotland A third argument is for that there is yet liuing one of the house of Suffolk that is neerer by a degree to the stemme to vvit to Hēry the seuenth to vvhom after the discease of her Maiesty that now is we must returne then is the lady Arbella or the king of Scots and this is the lady Margeret countesse of Darby mother to the present earle of Darby vvho was daughter to lady Elenor daughter of Queene Mary of France that vvas second daughter of king Henry the seuēth so as this lady Margaret coūtesse of Darby is but in the third degree from the said Henry wheras both the king of Scotland and Arbella are in the fourth and consequently she is next in propinquitie of blood how greatly this propinquity hath bin fauoured in such cases though they vvere of the yōger liine the examples before alleaged in the fourth chapter do make manifest Fourthlie and lastely and most strongly of al they do argue against the title of this lady Arbella affirming that her discent is not free from bastardly vvhich they proue first for that Queene Margaret soone after the death of her first husband king Iames the fourth marryed secretly one Steward lord of Annerdale which Steward vvas alyue longe after her marriage vvith Duglas and consequently this second marriage vvith Duglas Steward being aliue could not be lawful vvhich they do proue also by an other meane for that they saie it is most certaine and to be made euident that the said Archibald Duglas earle of Anguis had an other vvife also aliue vvhen he married the said Queene vvhich points they say vvere so publique as they came to king Henries eares vvhervppon he sent into Scotland the lord William Howard brother to the old duke of Norfolke and father to the present lord Admiral of Ingland to enquire of these pointes and the said lord Howard founde them to be true and so he reported not only to the king but also aftervvards many tymes to others and namely to Queene Mary to vvhom he vvas lord Chamberlayne and to diuers others of vvhom many be yet liuing which can and will testefy the same vppon the relation they heard from the-sayd lord Williams owne mouthe vvheruppon king Henry vvas greatly offended and would haue letted the marriage betweene his said sister and Duglas but that they were married in secret and had consummate their marriage before this was knowne or that the thing could be preuented vvhich is thought vvas one especial cause and motiue also to the said king afterward to put back the issue of his said sister of Scotland as by his fornamed testament is pretended and this touching Arbellas title by propinquitie of byrthe But besides this the same men do alleage dimers reasons also of inconucnience in respect of the common vvealthe for vvhich in their opinions it should be hurtful to the real me to admitt this lady Arbella for Queene as first of al for that she is a
vvith the king of Castiles daughter and had by her a sonne called Denyse vvho reigned after him and his successors vnto this day al which succession of kinge Denyse his posteritie the said Queene mother would haue improued and shevved that it apperteyned to her by the said Raphe for this cause sent she to Portugal one lord Vrban bishop of Comince in Gasgonie to plead her cause vvhich cause of hers vvas quicklie reiected and only the forsaide fiue princes discended of king Emanuels children were admitted to tryal for the same which vvere Don Antonio sonne of lord Lewis the king Cardinals elder brother and king Phillip of Spayne sonne of lady Elizabeth the eldest sisteof t he said Cardinal and Philibert duke of Sauoy sonne of the lady Beatrix the same Cardinals yonger sister and the two duchesses of Parma and Bragansa named Mary and Catherine daughters of lord Edward yonger brother of the said Cardinal and yongest child of king Emanuel And for that the lady Mary duchesse of Parma vvhich vvas the elder of the tvvo daughters vvas dead before this controuersie fel out her eldest sonne lord Ranutio now duke of Parma pretended by her right to the said crowne And for that this matter vvas of so great importance euery parte procured to lay downe their reasons and declared their rightes in the best manner they could and such as could not be present themselues in Portugal sent thither their agentes Embassadors and Atturneys to plead their causes for them Don Antonio and the duchesse of Bragansa as inhabitants of that kingdome were present and declared their pretences namely Don Antonio by himselfe and for himselfe and the lady Mary of Bragansa by her husband the duke and his learned councel The prince of Parma sent thither for his parte one Ferdinande Farnese bishop of Parma The duke of Sauoy sent Charles of Rouere aftervvard made Cardinal The king of Spaine as the greatest pretender sent the lord Peter Gyrō duke of Osuna afterward Viceroy of Naples Syr Christopher de Mora knight of his chamber at that tyme but since of his priuye councel and lately made earle of Castel Rodrigo in Portugal of vvhich country he is natiue and besides these two a great lawyer named Roderigo Vasques made since as I heare saye lord President of Castil vvhich is as much almost as lord Chancelor vvith vs. Al these did lay forth before the king Cardinall their seueral reasons and pretensions to the succession of the crowne of Portugal for the fiue persons before mentioned whereof two vvere quickly excluded to wit the duke of Sauoy for that his mother was yonger sister to king Phillips mother and himselfe also of lesse age then the said king And secondly Don Antonio was also excluded by publike and iudicial sentence of the king Cardinal his vncle as illegitimate and borne out of lawful wedloke and albeit Dō Antonio denyed the same and went about to proue hym selfe legitimat affirming that his father the lord Lewis before his death had married with his mother in secret and for this brought forth some witnesses as namely his mothers sister with her husband and two others yet the king Cardinal affirmed that vppon examinatiō he had found them to be suborned vvhich he said vvas euident to him partly for that they agreed not in their speeches and partly for that some of them had confessed the same to wit that they were suborned vvhom he cast into prison and caused them to be punished and so sitting in iudgement accompained with fower bishopes and fower lawyers vvhō he had called to assist him in this cause he pronounced the same Don Antonio to be a bastard for vvhich the Authors that I haue read about this matter which are principally two the first named Hierom Franke a gentleman of Genua who wrote ten bookes in Italian of the vnion of the crowne of Portugal to the crowne of Castilia and the second is named Ioanes Antonius Viperanus a Sicilian as I take him who wrote one booke only in latine de obtenta Portugallia à rege Catholico Phillippo of Portugal gotte by king Phillip the Catholike both these bookes I say out of vvhom principally I haue taken the pointes which heere I wil touch do seuerally set downe the causes following vvhy the king Cardinal did reiect the pretence of Don Antonio before al other pretenders and pronounced him a bastard First for that he had byn euer so taken al the tyme of his fathers life and no man euer dowted therof or called the matter in question vntil now that himselfe denyed the same Secondly for that in the tyme of Iulius Tertius the Pope when certayne decres came out from Rome against the promotion of bastardes the same Dō Antonio sued to the said Pope to be dispensed with al in that case vvhich argueth that then he knew himselfe not legitimate Thirdly that his father the lord Lewis had often tymes both by word and writing testified the same that this Antonye vvas his bastard and had signified also so much in his last vvil testament Fourthly the said Cardinal as of himselfe also affirmed that if his brother the lord Lewis had euer dōne any such thinge as to marry this Woman who was but base in birth and of the Iewish race as these stories do affirme that it is like that he would haue made some of his owne frendes kynred acquainted therwith as a matter so much important for them to know but he neuer did though the said Cardinal auowed that himselfe was present vvith him at his death Fiftly he said that if Don Antonio had bin legitimate how happened that he did not pretend the succession before the Cardinal himselfe next after the death of king Sebastian seing that he vvas to haue gone before the said Cardinal by as good right as his other nephew Sebastian did if he had bin legitimate for that he vvas sonne also to the Cardinales elder brother as hath bin saide Sixtly lastly the said king Cardinal auowched against Don Antonio partly the disagreeing and partly the open confessing of the vvitnesses that they were suborned by him vppon al vvhich causes and considerations he proceeded to the iudicial sentence before alleaged Thus passed the matter in the case of Don Antonio vvho if he had bin legitimate no doubt but by al right he should haue bin preferred before al the other pretenders to the crowne of Portugal and must be at this day towards the crowne of Ingland before al those that pretend of the house of Portugal if vve graunt him to be legitimate and much more clearly may he pretend to the dukedome of Lancaster as before hath bin declared for that it must discend to the lawful heyre of lady Phillip Queene of Portugall wherof enseweth also one consideration not impertinent to vs in Ingland that seing we hold him there for true king of Portugal I see not
of Scotlands pretence together vvith the examples and iudgements of the realmes of Spayne and Portugal vvho resolued rather to alter the true order and course of their succession then to admit strangers ouer them do playnely confirme the same And last of al say these men the authoritie of holy scripture is euident in this behalfe for that vvhen God in Deutronomie did fortell by Moyses that the Iewes in tyme would come to change their gouerment and to desire a king as other nations rounde about them had he added yet this expresse conditiō that he should be only of their owne nation for he sayeth Constitues eum quem Dominus Deus tuus elegerit de numero fratrū tuorum non poteris alterius gentis hominem regem facere qui non sit frater tuus that is thow shalt make king at that tyme such a one as thy lord God shal chuse for that dignity out of the number of thy brethren but thovv mayst not make a king of any other nation but of thy owne brethren Thus say these men against admitting of strangers and it seemeth that their opinion and affection hath many followers for that generally we see most men affected and inclined this way But yet on the other side there wāt not other men vvho appeare bothe wise dis passionate graue that vvil seeme to consider this matter far otherwise and do say that al this is but a common vulgar preiudice of passionate men against strangers rysing partly by corruption of nature vvherby men are inclined to thinke euil of others and to beare them little affectiō especially such as gouerne and beare rule ouer them and so much the lesse by how much farther of they are from vs in kynred and acquaintance and partly also they saye that the same riseth of lacke of dew consideration in the most parte of men for that they weigh not the true reasons causes or effects of things but only the outward shew and so do runne away vvith the opinion and apprehensiō of the populer which for the most parte hath no other ground or foundation in it but only fancy and imagination orincitation of others that indeuour to procure tumults and so they say it falleth out in this pointe as vppon examination it shal appeare And for proofe and declaration of this their assertion they do require first of al that this ordinarie and common preiudice against strangers or strang gouerments be laid a side so long at least as the matter is in disputation and that only the true effects of good and profitable gouerment may be cōsidered without that other circumstance whether these frutes do come from stranger or hom-borne prince which effects are peace rest iustice defence of the innocent punishment of the wicked vvealth securitie and other such benefites that good gouerment is wont to bring with it to the subiects These things say these men are to be vveighed indifferently and vvithout passion by wisemen and vvheresoeuer these effects are more abundantly to be founde their the gouerment is best and their the subiects are in best case vvhatsoeuer the gouernours be or of what nation or country soeuer they be And this they shew by this example following If in two countryes or common wealthes lying nigh together the subiects of the one should liue in al ease vvealth and prosperity vnder a strainger as diuers states did vnder the Romans and in the other they should be beaten whipped and afflicted vnder a hom-borne prince as vve reade the Sicilians were vnder Phalaris and Dionisius their countrymen tyraunts cleare it is say these men that the stripes and afflictions vvould not seeme the easyer for that they come from a natural prince but rather the heauier and the others happye case vnder the strainger must needs seeme to be the better and consequently his gouerment rather to be wished for that in very truth the goodnes defect of euery gouerment is to be measured by the effects there of that redound vnto the subiects for vvhose good it vvas first ordeyned as oftentymes our frend the Ciuil lawyer hath touched and proued before And vvhen the subiects do liue vvel and prosperously are defended and maynteyned in peace saftie and vvealth when iustice is done equally to al men the vvicked punished and the good aduanced and rewarded when God is honoured and true religion mainteyned and vertue promoted this is that vvhich importeth the realme subiectes and not vvhere or in vvhat contrye the prince and his officers vvere borne or of vvhat nation language or kynred they be For that be the prince of vvhat linage or kynred soeuer yet after he is once established in his dignity the common subiect can haue no more conuersation vvith him nor receaue any more personal benefite of him then if he vvere a meere strainger except only by those commō and publique effects of his gouerment before mentioned for that so soone as he is placed in his dignity he becommeth a stranger to me and if he gouerne euel and afflict me litle auayleth it to me vvhether he be of my blood and country or no and I may say as the people of Israel in like case said vnto Roboam vvho for that he vvas king Dauids nephew and of the house of Isai thoughte his ftate assured for that he vvas their Lord and natural prince and so might presse and afflict them at his pleasures but they answered him plainly Que nobis parsin Dauid vel quae haereditas in filio Isai what part haue vve in Dauid or vvhat inheritance haue vve in the sonne of Isai and fo they left him and rather chose to be vnder Ieroboam a stranger and his seruant then vnder him This then is the first pointe which these men do demaund to vvit that vve consider equally and according to reason wisdome and truth without al partial affection vvhere by whō and by vvhat gouerment vve are likest to receaue and enioy the good and happie effects a boue mentioned of prosperitie to the subiect for that without al doubt say they that gouerment is to be deemed best and that subiection happiest vvhere those benifites are most enioyed let the prince or gouernour be of what nation or linage soeuer And on the other side that must needs be the vvoorst gouermēt vnto me vvhere I shal reape fewest and participat least of those effects be the prince neuer so much my country mā or kinsman and though he were borne in the same citie towne or house yea in the same belly with me As for example those men that liued say they in Spaine vnder king Peter the cruel or in Ingland vnder king Richard the third commonly called the tyrant what did it auayle them that those princes vvere of their owne country or blood seing they did that vnto them vvhich a strainger though neuer so barbarous would scarse haue done As in like manner al those
opinion or ghesse about future matters and what may be the successe of these affaires for besides that I am no prophet or sonne of prophet to know things to come I do see that the very circumstances of coniecture which are the only foundation of al prophesie which in this case can be made are so many and variable as it is hard to take hold of any of them Thus he said and fayne would haue left of heere but that the whole company opposed themselues with great vehemencie against it and sayde that he must needes performe his promisse made at the beginning of this speech to giue his censure verdite in the end what he thought would be the successe of al these matters wherunto he answered that seing no nay would serue he would breifly quit himselfe by these few woordes following First of al said he my opinion is that this affayre cannot possibly be ended by any possibility moral without some warr at least vvise for some tyme at the beginning wherof my reasons be these that do ensew This matter cannot be disputed and determyned duringe the life of the Queene that now is without euident danger of her person for the reasons that al mē do know importinge suche perils as are wont to follow like cases of declaring heyres apparent especially her maiestie the present possessor growing now to be old without hope of issue This declaration and determination of the heyre apparent to the crowne if it should be made now would moue infinit humors and affections within the realme and it were to sturr coles and to cast fyerbrands ouer all the kingdome and further perhapps also vvhich now lye raked vp and hidden in the embers This determination thoughe it should be made now by parlament or authority of the present Prince would not ende or take away the roote of the controuersie for aloeit some that should be passed ouer or put backe in their pretences would hold their peace perhapps for the tyme present yet afterward would they bothe speake and spurne when occasion is offred This declaration now if it were made would be hurtful and dangerous for him that should be declared for on the one side it would put the Prince regnant in great 〈◊〉 and sufpiction of him and on the other side would ioyne and arme al the other pretenders and their fauourers agaynst him and so we reade that of two or three only that in al our histories are recounted to haue byn declared heyrs apparent to the crowne they being no kinges children none of them euer came to reigne as namely duke Arthur of Britany Roger Mortimer earle of March and Iohn de la Poole earle of Lincolne and Henry marques of Exeter as before hath bin declared Agayne the multitude of pretenders being such as it is their pretentions so ambiguous as hath bin declared it is to be presupposed that none or few of them vvil presently at the beginning cast away their hope forgoe their tittles but wil prooue at least wise what frends will stand vnto them and how matters are like to go fot or agaynst them especially seing they may do it without danger no law being against them and their rightes and pretenses so manifest that no man can say they do it of ambition only or malice treason or conspiracy against others and for this assaye or first attempt armes are necessary More-ouer if any man in processe of tyme would forgoe or giue ouer his title as it is to be imagined that diuers wil at length and many must for that one only can speed yet to the ende he be not suddenly oppressed or laid handes on at the beginning by his aduersary parte or made away as in such cases is wont to succeede it is very likely that each pretender for his owne safety and defence wil arme himselfe and his frendes at the beginning for that better conditions wil be made with armor in handes then when a man is naked or in the power of his aduersary and no doubt but the more pretenders shal stand together armed at the beginning the easyer and the surer peace wil be made with him that shall preuaile for that they being many with whom he hath to compounde he will respect them the more yeald to more reasonable and honorable conditions then if their were but one he weake that should resist for that a fault or displeasure is more easily pardoned to a multitude to a potent aduersary then to one or two alone that are of lesse accompt And on the other side the perill of these other pretenders that should not preuaile being common to them al would knyt them better together for their owne defence in liuing vnder the person that should preuaile and reigne and he would beare more regard vnto them as hath bin said and this both for that they should be stronger by this vnion to defend themselues and he that reigneth should haue lesse cause to suspect feare them to worke treason agaynst him for that they are many and consequently not so easy to agree betwcene thēselues who should be preferred if the other were pulled downe which to the person regnant would be also a ground of much securitye These are my reasons and coniectures why it is like that armes wil be taken at the beginning in Ingland before this controuersie can be decided My second proposition and coniecture is that this matter is not like to come easely to any great or mayne battel but rather to be ended at length by some composition and general agreement my reasons for this be these First for that the pretenders be many and their powers and frends lying in diuers and different partes of the realme and if their were but two then were it more probable that they would soone come to a battel but being many each one vvil feare the other and seke to sortifie himselfe where his owne strength lyeth and especially towardes the portes and sea side for receauing of succours as easely may be done by reason of the multitude of competitors as hath bin said which vvil cause that at home the one will not much vrge or presse the other at the beginning but euery part attend rather to strenghthen it selfe for the tyme. A second reason of this is for that the forrayne Princes and states rounde about vs are like to be much deuided in this matter some as pretendents for themselues or their kynred frends and others as fauourers of this or that party for religion so as their will not vvant presently offers of helpes and succours from abroade which succours albeit they should be but meane or smalle at the beginning yet vvill they be of much importance vvhen the forces at home be deuided and vvhen their shal be different portes harbors and holdes ready within the lande to receaue and harbour them so as I take it to be most likely that
the longest liuer should haue al wheruppon the said Canutus tooke the tvvo children of king Edmond Ironside named Edmond and Edward and sent them ouer into Sweuelād which at that tyme vvas subiect also vnto him and caused them to be brought vp honorably of vvhich two the elder named Edmond dyed without issue but Edward vvas maried and had diuers children as after shal be touched Etheldred and his sonne Edmond being dead Canutus the Dane was admitted for king of England by the vvhole parlament consent side as hath bin said and this the third breache of lineal discent But this notwithstanding Alerud being slayne prince Edward was made king tanta publica laetitia saith Polidor vt certatim pro eius faelici principatu cuncti vota facercnt That is he vvas made king vvith such vniuersal ioy and contentment of al men as euery man contended who should pray and make most vowes to God for his happie reygne and according to this was the successe for he vvas a most excellent prince and almost miraculously he reygned with great peace and void of al war at home and a broad for the space of almost 20. yeares after so infinit broyles as had bin before him and insued after hym and yet his title by succession can not be iustified as you see for that his eldest brothers sonne was the aliue to wit prince Edward surnamed the outlaw vvho in this kinges reygne came into Ingland and brought his vvife and three lawful children with him to wit Edgar Margaret Christian but yet vvas not this good king Edward so scrupulous as to giue ouer his kingdome to any of them or to doubt of the right of his owne title vvhich he had by election of the common wealth against the order of succession This king Edward being dead without issue Polidor saith that the states made a great consultation whom they should make king and first of al it semeth they excluded him that was only next by propinquity in blood vvhich vvas Edgar Adelin fonne to the said prince Edward the outlaw now departed and nephew to king Edmond Ironside and the reason of this exclusion is alleaged by Polidor in thes vvordes is puet id aetatis nondum regno gubernando maturus erat That is he bing a child of so smale yeares vvas not ripe enough to gouerne the kingdome and then he saith that Harald sonne of Earle Goodwin by the daughter of Canutus the first proclaymed himselfe king and more ouer he addeth Non displicait omnino id factum populo qui plurimum spei in Haraldi virtute habebat itaque more maiorum sacratus est vvhich is this fact of Harald displeased not at al the people of Ingland for that they had great hope in the vertue of this Harald so vvas he annoynted and crowned according to the fassion of the anciēt kings of Ingland by which vvordes vve may fee that Harald had also the approbation of the realme to be king notwith standing that lytle Edgar vvas present as hath bin said so as this was the fourth breach of succession at this tyme. But in the meane space William Duke of Normandy pretended that he vvas chosen before by king Edward the Confessor and that the realme had giuen their consent therunto and that king Edward left the same testified in his last wil and testament and albert none of our Inglish authors do auow the same cleerly yet do many other forrayne writers hold it and it semeth very probable that some such thing had past both for that duke William had many in Ingland that did fauor his pretence at his entrance as also as Girard in his French storie saith that at his first comming to London he punished diuers by name for that they had broken their othes and promises in that behalfe And moreouer it appereth that by alleaging this title of election he moued diuers princes abroade to fauour him in that action as in a iust quarrel vvhich is not like they should haue done if he had pretended only a conquest or his title of consanguinity vvhich could be of no importance in the vvorld for that effect seing it was no other but that his grand father and king Edwards mother vvere brother and sister which could giue him no pretence at al to the succession of the crowne by bloode and yet vve see that diuers princes did assist him and among others the French chronicler Girard so often named before vvriteth that Alexander the second pope of Rome vvhos holines vvas so much estemed in those dayes as one Constantinus Afer wrote a booke of his miracles being informed by Duke William of the iustnes of his pretence did send him his benediction and a precious ring of gold vvith a hallowed banner by vvhich he gott the victory thus writeth Girard in his French chronicles and Antoninus Archbishop of Florence surnamed Sainct vvriting of this matter in his chronicles speaketh great good of William Cōqueror and commendeth his enterprise But howsoeuer this was the victory vve se he gat and God prospered his pretence and hath confirmed his of spring in the crovvne of Ingland more then 500. yeares together so as now accounting from the death of king Edmond Ironside vnto this man we shal finde as before I haue said in lesse then 50. yeares that 5. or 6. kings vvere made in Ingland one after another by only authority and approbation of the common wealth contrary to the ordinary course of lineal succession by propinquitie of blood And al this is before the conquest but if vve should passe any further downe we should finde more examples then before For first the two sonnes of the Conqueror himselfe that succeded after him to vvit william Rufus and Henry the first were they not both yonger brothers to Robert Duke of Normandie to whom the most part of the realme vvas inclined as Polydor sayth to haue giuen the kingdome presently after the Conquerors death as devv to him by succession notwithstanding that VVilliam for particuler displeasure against his elder sonne had ordeyned the contrary in his testament But that Robert being absent in the war of Hierusalem the holy and lerned man Lanfranke as he vvas accompted then Archbishop of Canterbury being deceaued vvith vaine hope of VVilliam Rufus good nature perswaded them the contrary who vvas at that day of high estemation authority in Ingland and so might induce the realme to do what he liked By like meanes gat Henry his yonger brother the same crowne afterwards to wit by faire promises to the people and by helpe principally of Henry Newborow Earle of warwick that dealt with the nobility for him and Maurice bishop of London with the cleargie for that Anselme Archbishop of Cantetbury vvas in banishment Besides this also it did greatly healpe his cause that his elder brother Robert to vvhom the crowne by right apperteyned vvas absent againe
this second tyme in the warr of Ierusalem and so lost therby his kingdome as before Henry hauing no other title in the world vnto it but by election and admission of the people which yet he so defended afterwards against his said brother Robert that came to clayme it by the sword and god did so prosper him ther-in as he tooke his said elder brother prisoner and so kept him for many yeares vntil 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 Emperor Henry the fift he dyed without issue and then vvas she married agayne the secōd tyme to Geffry Plantagenet Earle of Anjow in France to whom she bare a sonne named Henry vvhich this king Henry his grand father caused to be declared for heyre apparent to the crowne in his dayes but yet after his disceasse for that Stephē Earle of Bollogne borne of Adela daughter to William the Conqueror was thought by the state of Ingland to be more fitt to gouerne and to defend the land for that he was at mans age then vvas prince Henry a child or Maude his mother he vvas 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 Glastenbury and others vvho thought be like they might do the same with good conscience for the good of the realme though the euent proued not so wel for that it drew al Ingland into factions and diuisions for auoyding and ending wherof the states some years after in a parlament at Wallingford made an agrement that Stephen should be lavvful king during his life only and that Henry and his ofspring should succede him and that prince William king Stephens sonne should be dcpriued of his succession to the crowne and made only Earle of Norfolcke thus dyd the state dispose of the crowne at that tyme vvhich vvas in the yeare of Christ 1153. To this Henry succeded by order his eldest sonne then liuing named Richard and surnamed Cordelyon for his Valor but after him agayne the succession vvas broken For that Iohn king Henries yongest sonne to vvit yōger brother to Richard vvhom his father the king had left so vnprouided as in iest he vvas called by the french Iean sens terre as if you vvould saye Sir Iohn lacke-land this man I say vvas after the death of his brother admitted and crowned by the states of Ingland and Arthur Duke of Britaine sonne and heyre to Geffery that vvas elder brother to Iohn vvas against the ordinarie course of succession excluded And albeit this Arthur did seeke to remedy the matter by warr yet it semed that god did more defend this election of the common wealth then the right title of Arthur by succession for that Arthur vvas ouer-come and taken by king Iohn though he had the king of Fraunce on his side and he dyed pitifully in prison or rather as most authors do hold he was put to death by king Iohn his vncles own handes in the castle of Roan therby to make his title of succession more cleare which yet could not be for that as wel Stow in his Chronicle as also Mathew of westminster and others before him do write that Geffrey besides this sonne left two daughters also by the lady Cōstance his wife Countesse heyre of Britaine which by the law of Ingland should haue succeded before Iohn but of this smal accōpt seemed to be made at that day Some yeares after when the Barons and states of Ingland misliked vtterly the gouerment and proceeding of this king Iohn they reiected him agayne chose Luys the prince of France to be ther king and dyd sweare fealtie to him in London as before hath bin saide and they depriued also the yong prince Hēry his sonne that was at that tyme but of 8. yeares ould but vppon the death of his father king Iohn that shortly after insued they recalled agayne that sentence admitted this Henry to the crowne by the name of king Henry the third and disanulled the oth and allegeance made vnto Luys Prince of France and so king Henry reigned for the space of 53. yeares afterwards the lōgest reygne as I thinke that any before or after him hath had in Ingland Moreouer you know that from this king Henry the third do take their first beginning the two branches of York and Lācaster which after fell to so great contention about the crowne Into which if we vvould enter vve should see playnly as before hath bin noted that the best of al their titles after the depositiō of king Richard the second depended of this authority of the common wealth for that as the people were affected and the greater parte preuailed so were their titles ether allowed cōfirmed altered or disa nulled by parlaments and yet may not we wel affirme but that ether part vvhen they vvere in possession and confirmed therin by thes parlaments were lawful kings and that God concurred vvith them as vvith true princes for gouermēt of their people for if vve should deny this pointe as before hath bin noted great inconueniences vvould follow vve should shake the states of most princes in the world at this day as by examples which alredy I haue alleaged in part may appeare And vvith this also I meane to conclude and end this discourse in like manner affirming that as on the one side propinquity of bloode is a great preheminence towards the atteyning of any crowne so yet doth is not euer bynde the commō wealth to yeald ther-vnto if waightier reasons should vrge them to the contrary nether is the common wealth bound alwayes to shutt her eyes and to admit at hap-hazard or of necessity euery one that is next by succession of bloode as Belloy falsely fondly affirmeth but rather she is bound to consider vvel and maturely the person that is to enter vvhether he be like to performe his duety and charge committed vnto him or no for that otherwise to admitt him that is an enimye or vnfitt is but to destroy the common wealth and him together This is my opinion and this seemeth to me to be conforme to al reason law religion piety vvisdome and pollicy and to the vse and custome of al vvel gouerned common wealthes in the vvorld nether do I meane heereby to preiudice any princes pretence or succession to any crowne or dignitie in the vvorld but rather do hold that he ought to enioy his preheminence but yet so that he be not preiudical therby to the whole body which is euer to be respected more then any one person vvhatsoeuer Belloy or other of his opinion do say to the contrary Thus said the Ciuilian and being called vppon and drawne to a new matter by the question that ensueth he made his last discourse conclusion