his Realm against so potent a Tyrant as King Richard was then accounted and yet was the concourse of all people so great and general unto him that within few days he atchieved the matter and that without any battel or bloud-shed at all and thus much for the justness of the cause But now if we will consider the manner and form of this act they of Lancaster do affirm also that it could not be executed in better nor more convenient order First for that it was done by the choice and invitation of all the Realm or greater and better part thereof as hath been said Secondly for that it was done without slaughter and thirdly for that the King was deposed by Act of Parliament and himself convinced of his unworthy Government and brought to confess that he was worthily deprived and that he willingly and freely resigned the same neither can there be any more circumstances required say these men for any lawful deposition of a Prince And if any man will yet object and say that notwithstanding all this there was violence for that Duke Henry was Armed and by force of Arms brought this to pass they of Lancaster do answer that this is true that he brought the matter to an end by Forces for that an evil King cannot be removed but by force of Arms if we expect the ordinary way of remedy left by God unto the Commonwealth for seeing that a Tyrannical or obstinate evil Prince is an Armed enemy with his feet set on the Realms head certain it is that he cannot be driven nor plucked from thence nor brought in order but by force of Arms. And if you say that God may remedy the matter otherwise and take him away by sickness and other such means it is answered that God will not always bind himself to work Miracles or to use extraordinary means in bringing those things to pass which he hath left in the hands of men and of Commonwealths to effectuate by ordinary way of Wisdom and Justice As for example it were an easie thing say these men for God Almighty also when any wicked man breaketh his Law by theft murther or the like to punish him immediately by death or otherwise himself and yet he will not so do but will have the Realm to punish him and that by force of Arms also it otherwise it cannot be done and this as well for example and terror of 〈…〉 that God hath 〈…〉 in his name 〈…〉 〈…〉 particular president of punishing of evil 〈◊〉 in like manner by force and violence when other means will not serve these men say that besides all the great multitude of examples alledged before by the Lawyer in his fourth Chapter about evil Kings deposed there is great variety of several manners how the same hath been done by God's own Ordinance recounted in Holy Writ as first when the Scripture saith in the Books of Judges that Aod was stirred up by God to kill Eglon King of the Moabites that prosecuted the people of Israel and the manner was to feign a secret Embassage or message unto him and so to slay him in his Chamber as he did and God delivered his people by that means and chose this particular way whereas none will deny but that he might have done it by many other means less odious to the World then this was that seemed so cruel and full of Treason Again they shew that when God had rejected King Saul for his wickedness and determined to depose him he chose to do it by raising of David against him and by defending and assisting David both in Arms and otherwise divers years against Saul and in the end raised the Philistians also against him who after divers battels cut off his head and carried it up and down the Country upon a pole and presented it in all the Temples of their Idols and in the end left it pitched up in the Temple of Dagon all which God might have spared and have taken him away quietly without bloudshed if he would but he chose this second way In like manner when he would punish King Rehoboam for the sins of Solomon his Father and yet spare him also in part for the sake of his Grandfather David he caused a Rebellion to be raised against him by Jeroboam his Servant and more then three parts of four of his people to rebel against him and this by God's own instinct and motion and by his express allowance thereof after it was done as the Scripture avoucheth and if Rehoboam had fought against them for this fault as once he had thought to do and was prepared with a main Army no doubt but they might have lawfully slain him for that now these ten Tribes that forsook him had just authority to depose him for his evil Government and for not yielding to their just request made unto him for easing them of those grievous Tributes laid upon them as the Scripture reporteth For albeit God had a meaning to punish him for the sins of his Father Solomon yet suffered he that Rehoboam also should give just occasion himself for the people to leave him as appeareth by the story and this is God's high Wisdom Justice Providence and sweet disposition in humane affairs Another example of punishing and deposing evil Princes by force they do alledge out of the first Book of Kings where God appointed Elizeus the Prophet to send the Son of another Prophet to anoint Jehu Captain of Joram King of Israel which Joram was Son to the Queen Jezabel and to perswade Jehu to take Arms against his said King and against his mother the Queen and to deprive them both not only of their Kingdoms but also of their lives and so he did for the Scripture saith Conjuravit ergo Jehu contra Joram Jehu did conjure and conspire at the perswasion of this Prophet with the rest of his fellow Captains against his King Joram and Queen Jezabel the Kings Mother to put them down and to put them to death with all the ignominy he could devise and God allowed thereof and perswaded the same by so holy a Prophet as Elizeus was whereby we may assure our selves that the fact was not only lawful but also most Godly albeit in it self it might seem abominable And in the same book of Kings within two chapters after there is another example how God moved Jehoiadah High-priest of Jerusalem to perswade the Captains and Colonels of that City to conspire against Athalia the Queen that had Reigned 6. years and to Arm themselves with the Armor of the Temple for that purpose and to besiege the Palace where she lay and to kill all them that should offer or go about to defend her and so they did and having taken her alive she was put to death also by sentence of the said High-priest and the fact was allowed by God and highly commended in the Scripture and Joas
A CONFERENCE About the Next SUCCESSION TO THE Crown of England Divided into Two Parts The First containeth The Discourse of a Civil Lawyer how and in what manner Propinquity of Bloud is to be preferred The Second containeth The Speech of a Temporal Lawyer about the particular Titles of all such as do or may pretend within England or without to the next Succession Whereunto is also added A New and Perfect Arbor and Genealogy of the Descents of all the Kings and Princes of England from the Conquest unto this day whereby each mans Pretence is made more plain Dedicated to the Right Honourable the Earl of Essex one of Her Majesties Privy-Council and of the Noble Order of the Garter Published by R. Doleman Re-printed at N. with License MDCLXXXI The sum of both Parts more in particular THE first declareth by many Proofs and Arguments That the next Propinquity or Ancestry of Bloud alone though it were certainly known yet it is not sufficient to be admitted to a Crown without other Conditions and Circumstances requisite be found also in the person pretendent THE second examineth the Titles and Pretensions of all such as may have Claim or Action to the Crown of England at this day what may be said for them and what against them And in the end though he leave the matter extreme doubtful as touching the best right yet he giveth certain Conjectures about some persons that are likest to prevail To the Right Right Honourable the Earl of Essex one of Her Majesties Privy Council TWo principal Causes among others Right Honourable are wont to invite men to dedicate any Book or Treatise to a Person in Authority The one Private Duty and Obligation the other Publick Utility in respect that the Master may concern that Person for the Common Good And to confess the truth both of these jointly have moved me at this time to present unto your Honour above others the two Books ensuing which contain a Conference had in Holland not long since â—â—out the Pretences and Pretenders to the Crown of England as your Honour shall perceive by the Preface of each Book and therefore hereof I shall need say no more but only declare the aforesaid two Causes of this Dedication First then I say that my particular obligation towards your Honours Person riseth partly of good Turns and Benefits received by some Friends of mine at your Lordships hands in your last Voyage and Exploits in France but principally of far greater Favours receiv'd from your Noble Ancestors I mean not only your Father whose untimely death was to England no small Wound but of your Grand-father also that worthy Knight Sir Walter Deverux who though he lived not to come to those Titles of Honour whereunto he was born yet left he behind him so rare a memory for his excellent Parts of Learning Wit Feature of Body Courtesy and other such Noble Commendations as none in England perhaps the like in our time wherein also hath lived your Honours Great Grandfather Sir Henry Deverux Visconde Ferys well remembred yet by divers of my said Friends obliged unto him as also recorded by our English Histories as well for his Merits and Worthiness as in like manner for his Match with the Heir of the most Famous and Noble House of the Bourchers Earls of Essex whereof also your Honour is known to be descended and to hold at this day as well their Nobility of Blood as Dignity of Title and this shall serve in this place for my particular obligation whereof perhaps hereafter upon other occasion I may give further relation and testimony to the World in token of my Gratitude But for the second Point of Publick Vtility I thought no man more fit than your Honour to dedicate these two Books unto which treat of the Succession to the Crown of England for that no man is in more high and eminent Place or Dignity at this day in our Realm than your self whether we respect your Nobility or Calling or Favour with your Prince or high Liking of the People and consequently no man like to have a greater part or sway in deciding of this great Affair when time shall come for that determination then your Honour and those that will assist you and are likest to follow your Fame and Fortune And for that it is not convenient for your Honour to be unskilful in a matter which concerneth your Person and the whole Realm so much as this doth and finding this Conference had by two Learned Lawyers to handle the Question very pithily and exactly and yet with much Modesty and without offence of any and with particular affection and devotion to Her Majesty and with special care of Her Safety I thought not expedient to let it lie unpublished as also judged that no Hands were fitter to receive the same nor any Protection more secure or plausible than that of your Honour whom God long preserve in all true Honour and Felicity to the Comfort of Your Lordships Faithful Servants and Clients and to the Publick Benefit of your Countrey From my Chamber in Amsterdam this last of December 1593. Your Honours most Affectionate R. DOLEMAN The CONTENTS of the first PART THe Preface containing the occasion of this Treatise with the subject purpose and parts thereof That Succession to government by nearness of bloud is not by Law of Nature or Divine but only by humane and positive Laws of every paticular Commonwealth and consequently may upon just causes be altered by the same Chap. 1. fol. 1. Of the particular form of Monarchies and Kingdoms and the different Laws whereby they are to be obtained holden and governed in divers Countries according as each Commonwealth hath chosen and established Chap. 2. f. 12. Of the great reverence and respect due to Kings and yet how divers of them have been lawfully chastised by their common-wealths for their misgovernment and of the good and prosperous success that God commonly hath given to the same and much more to the putting back of an unworthy pretender Chap. 3. f. 30. Wherein consisteth principally the lawfulness of proceeding against Princes which in the former chapter is mentioned what interest Princes have in their subjects goods or lives how Oaths do bind or may be broken by subjects towards their Princes and finally the difference between a good King and a Tyrant Chap. 4. f. 51. Of the Coronation of Princes and manner of their admitting to their authority and the Oaths which they do make in the same unto the Commonwealth for their good government Chap. 5. f. 66. What is due to onely succession by Birth and what interest or right an Heir apparent hath to the Crown before he is Crowned or admitted by the Commonweath and how justly he may be put back if he have not the parts requisite Chap. 6. f. 98. How the next in succession by propinquity of bloud have oftentimes been put back by the Commonwealth and others further off admitted
in their places even in those Kingdoms where succession prevaileth with many examples of the Kingdoms of Israel and Spain Chap. 7. f 113. Of divers other examples out of the States of France and England for proof that the next in bloud are sometimes put back from succession and how God hath approved the same with good success Chap. 8. f. 132. What are the principal points which a Commonwealth ought to respect in admitting or excluding any Prince wherein is handled largely also of the diversity of Religions and other such Causes Chap. 9. f. 158. The CONTENTS of the second Book Tâ—â— Preface with the intention and protestation of the Lawyer to treat this matter without the hurt or prejudice of any 〈◊〉 divers 〈◊〉 and treatises that have been written heretofore 〈◊〉 the 〈◊〉 of such as pretend to the Crown of England and 〈◊〉 they do contain in favour or disfavour of divers pretenders Chaâ— 1. â—ol 1. Of the Succession of the Crown of England from the conquest 〈◊〉 other 〈…〉 the III. with the begnning of three principal lineages of the English bloud Royal dispersed into the House of Britany Lancaster and York Chap. 2. f. 10. Of the Succession of English Kings from King Edward the III. unto our days with the particular causes of dissention between the Families of York and Lancaster more largely declared Chap. 3. f 3â—0 Of the great and general controversie and contention between the said two Houses Royal of Lancaster and York and which of tâ—â—m may sâ—â—m to have had the better right to the Crown by way of 〈◊〉 Chap. 4 f. 44. Of 〈◊〉 principal and particular houses of lineages that do or â—ay pretend to the Crown of England at this day which are the House of Scotland of 〈◊〉 of Clarence of Britanny and of Portâ—â—â—l and first of all the causes of Scotland which containeth the pretentions of the King of Scots and of the Lady Arabella Chaâ— 5. f. â—â— Of the 〈◊〉 of â—uffâ—lk containing the claims as well of the Counteâ—â— of Dariâ— â—nd of her Children as also of the Children of the Earl of 〈…〉 6 f. 101. Of the House of 〈…〉 and Britany which containeth the claims of the Earl of Hâ—â—â—â—â—gton and of the Lady Infanta of Spain and others of these two Families Chap. 7. f. 110. Of the House of Portugal which containeth the â—laimâ— as well of the King and Prince of Spain to the Succession of England as also of the Duâ—â— of Parma and Brâ—gaâ—sâ— by the House of Lancaster Chap. 8. f. 1â—4 Whether it be better to be 〈◊〉 a forrain or home-born Prince and whether under great an â—â—â—ghty Monarch or under a little 〈…〉 Chap. 9. f. 150 Of â—ertâ—â—n other secondary or collateral lines and how extreme dâ—ubâ—fâ—ll all the pretences â—e and which of all these pâ—enders are must like by probability to prevail in the end and to get the Crown of England Chap. 10. f. 113. The Preface containing the occasion of this Treatise with the subject purpose and parts thereof THere chanced not long ago I mean in the months of April and May of this last year 93. to meet in Amsterdam in Holland certain Gentlemen of divers Nations qualities and affections as well in Religion as otherwise yet the most part English and Irish and they had been in divers Countries studied different Arts and followed unlike professions some of Soulders some of Lawyers both Temporal and Civil others of meer travellers to learn experience and policy And for that the advice which daily came from England at that time the Parliament being then in hand gave occasion to discourse of English affairs they fell into divers points concerning the same but yet none was treated so largely or so seriously as was the matter of succession and competitors to the Crown for that it was presumed a great while that some thing would be determined thereof in that Parliament though one or two of the wisest of that company held ever the contrary opinion But when at length news was brought that nothing at all had been done therein but rather that one or two as was reported had been checked or committed for speaking in the same then came it in question among the Gentlemen what should be the cause of such proceeding in a matter so weighty and so necessary for all English men to know But two Gentlemen Lawyers of the company one of the common Law and the other a Civilian alledged so many reasons for justifying the Queens Majesties doings in this behalf as all did seem satisfied for that it was made plain that it could not stand with the safety either of Her Majesty or of the Realm or of the party himself who should be preferred that any declaration of Heir apparent should be made during the life of Her Majesty that now is how dangerous soever the delay thereof may be esteemed for the time to come And so the end of this Speech brought in presently the beginning of another to wit what were like to be these dangers and who might be likest of the pretenders to prevail after Her Majesty about which matter there was much discoursed by divers Parties but the conclusion of all was that both these points remained very doubtful but much more the second who should prevail of the competitors which they said did make the former point less doubtful of the multitude of dangers that thereby did hang over the Commonwealth of England though it wanted not doubt also in particular what and where they should fall for said they wheresoever many pretenders of the bloud Royal are known to be competitors to a Crown there cannot chuse but many perils also must be imminent to the Realm To this one of the company said that he did not see how there could be either so many pretenders to the Crown as the day before had been spoken of in that place for the Common Lawyer before named newly come out of England had told them that he had heard of some 9. or 10. or more Plots that were debated within the Realm for so many pretenders or if there were any such great number descended of the Bloud Royal yet their titles could not be so doubtful seeing it was an easie matter to discern who was next in discent of bloud and who not Not so easie quoth this Gentleman Lawyer for that although it cannot be denied but that there is among all such as may pretend at this day a certain known order and degree of nearness in bloud to some King or Queen that hath possessed the Crown before them and in this discent it is known also commonly who descendeth of the elder house and who of the younger and other such like vulgar circumstances yet notwithstanding for that there be many other points considerable in this affair as the right of the first stock whereof each part doth spring the disableing of the same stock afterwards by attainders or otherwise the
affirmeth the state of Kingly Government to be most excellent it may seem he meant it absolutely signifying thereby that this is the best kind of Government among all others though to confess the truth between the Title of King and Emperor there is little or no difference in substance but only in name for that the Authority is equal every King is an Emperor in his own Kingdom And finally the excellency of this Government above all other is not only proved by the perfection thereof in it self as for that it is most Ancient Simple and conform unto Nature and most resembling the Government of God himself as hath been said but by the effects also and utility that it bringeth unto the Subjects with far less Inconveniences then any other Form of Government whatsoever if we compare them together For in the Monarchy of one King there is more Unity Agreement and Conformity and thereby also celerity in dispatching of business and is defending the Common-wealth then where many heads be less Passions also in one man then in many as for example in Democratia where the Common people do bear the chief sway which is Bellua multorum capitum as Cicero wisely said that is a beast of many Heads there is nothing but sedition trouble tumults outrages and injustices committed upon every little occasion especially where Crafty and Cunning men may be admitted to insense or asswage them with Sugred words such as were the Orators in Athens and other Cities of Greece that had this Government and the Tribunes of the people of Rome and other such popular and plausible men who could move the waves raise up the winds and inkindle the fire of the vulgar peoples affections passions or furies at their pleasure by which we see that of all other Common-wealths these of Popular Government have have soonest come to ruine which might be shewed not only by old examples of Greece Asia and Africa but also of many Cities in Italy as Florence Bolonia Siena Pisa Arezzo Spoleto Perugia Padua and others which upon the fall or diminution of the Roman Empire under which they were before took unto themselves Popular Governments wherein they were so tossed with continual Sedition Mutinies and banding of Factions as they could never have end thereof until after Infinite Murthers Massacres and Innundation of Blood they came in the end to be under the Monarchy of some one Prince or other as at this day they remain so that of all other Governments this is the worst The second Form which is called Oligarchia or Aristocratia for that a few and those presumed to be the best are joyned together in Authority as it doth participate some thing of both the other Governments to wit of Monarchia and Democratia or rather tempereth them both so hath it both good and evil in it but yet it inclineth more to the evil for the disunion that commonly by mans infirmity and malice is among those heads for which cause the States before-named of Venice and Genua which were wont to have simply this Government of Aristocratia in that their Regiment was by certain chuse Senators were inforced in the end to chuse Dukes also as Heads of their Senates for avoiding of dissention and so they have them at this day though their authority be but small as hath been said We see also by the examples of Carthage and Rome where Government of Aristocratia took place that the Division and Factions among the Senators of Carthage was the cause why Aid and Succour was not sent to Hannibal their Captain in Italy after his so great and Important Victory at Cannas which was the very cause of the saving of the Roman Empire and the loss of their own As also afterwards the Emulations Discord and Disunion of the Roman Senators among themselves in the Affairs and Contentions of Marius and Silla and of Pompey and Caesar was the occasion of all their destruction and of the Common-wealth with them Evident then it is that of all other Governments the Monarchy is the best and least subject to the Inconveniences that other Governments have and if the Prince that governeth alone and hath Supream Authority to himself as he resembleth God in this point of sole Government so could he resemble him also in Wise Discreet and Just Government and in ruling without Passion no doubt but that nothing more excellent in the world could be desired for the perfect felicity of his Subjects but for that a King or Prince is a man as others be and thereby not only subject to errors in Judgment but also to passionate affections in his will for this cause it was necessary that the Commonwealth as it gave him this great power over them so it should assign him also the best helps that might be for directing and rectifying both his will and judgment and make him therein as like in Government to God whom he representeth as mans frailty can reach unto For this consideration they assigned to him first of all the assistance and direction of Law whereby to govern which Law Aristotle saith Est mens quaedam nullo perturbata affectu it is a certain mind disquited with no disordinate affection as mens minds commonly be for that when a Law is made for the most part it is made upon due consideration and deliberation and without perturbation of evil affections as anger envy hatred rashness or the like passions and it is referred to some good end and commodity of the Common-wealth which Law being once made remaineth so still without alteration or partial affection being indifferent to all and partial to none but telleth one tale to every man and in this it resembleth the perfection as it were of God himself for the which cause the said Philosopher in the same place addeth a notable wise saying viz. That he which joyneth a Law to govern with the Prince joyneth God to the Prince but he that joyneth to the Prince his affection to govern joyneth a Beast for that mens affections and concupisenses are common also to Beasts so that a Prince ruling by Law is more than a man or a man deified and a Prince ruling by affections is less than a man or a man bruitified In another place also the same Philosopher saith That a Prince that leaveth Law and ruleth himself and others by his own appetite and affections of all Creatures is the worst and of all Beasts is the most furious and dangerous for that nothing is so outragious as Injustice armed and no Armour is so strong as Wit and Authority whereof the first he hath in that he is a Man and the other in that he is a Prince For this cause then all Commonwealths have prescribed Laws unto their Princes to govern thereby as by a most excellent certain and immutable rule to which sense Cicero said Leges sunt inventae ut omnibus semper una eadem
naturae the voice of nature her self for there was never yet Nation found either of ancient time or now in our days by discovery of the Indies or else where among whom men living together had not some kind of Magistrate or Superior to govern them which evidently declareth that this point of Magistrates is also of Nature and from God that created Nature which point our Civil Law doth prove in like manner in the very beginning of our digests where the second Title of the first Book is de origine juris civilis omnium magistratuum of the beginning of the Civil Law and of all Magistrates which beginning is referred to this first principle of Natural Instinct and Gods Institution And last of all that God did concur also expresly with this Instinct of Nature our Divines do prove by clear testimony of Holy Scripture as when God saith to Solomon By me Kings do Reign and St. Paul to the Romans avoucheth That Authority is not but of God and therefore he which resisteth Authority resisteth God Which is to be understood of Authority Power or Jurisdiction in it self according to the first Institution as also when it is lawfully laid upon any person for otherwise when it is either wrongfully taken or unjustly used it may be resisted in divers cases as afterwards more particular shall be declared for then it is not lawful Authority These two points then are of Nature to wit the Common-wealth and Government of the same by Magistrates but what kind of Government each Common-wealth will have whether Democretia which is Popular Government by the People it self as Athens Thebes and many other Cities of Greece had in old time and as the Cantons or Switzers at this day have Or else Aristocretia which is the Government of some certain chosen number of the Best as the Romans many years were governed by Councels and Senators and at this day the States of this Countrey of Holland do imitate the same or else Monarchia which is the Regiment of one and this again either of an Emperor King Duke Earl or the like These particular Forms of Government I say are not determined by God or Nature as the other two points before for then they should be all one in all Nations as the other are seeing God and Nature are one to all as often hath been said but these particular Forms are left unto every Nation or Countrey to chuse that Form of Government which they shall like best and think most fit for the Natures and conditions of their people which Aristotle proveth throughout all the second and fourth Books of his Politiques very largely laying down divers kinds of Government in his days as namely in Greece that of the Milesians Lacedemonians Candians and others and shewing the causes of their differences which he attributeth to the diversity of mens Natures Customs Educations and other such causes that made them make choice of such or such Forms of Government And this might be proved also by infinite other examples both of times past and present and in all Nations and Countries both Christian and otherwise which have not had only different Fashions of Governments the one from the other but even among themselves at one time one form of Government and another at other times For the Romans first had Kings and after rejecting them for their Evil Government they chose Councils which were two Governours for every year whose Authority yet they limited by a multitude of Senators which were of their Council and these mens power was restrained also by adding Tribunes of the people and some time Dictators and finally they came to be governed last of all by Emperors The like might be said of Carthage in Africa and many Cities and Common-wealths of Greece which in divers Seasons and upon divers Causes have taken different Forms of Government to themselves The like we see in Europe at this day for in only Italy what different Forms of Government have you Naples have a King for their Soveraign Rome the Pope and under him one Senator in place of so many as were wont to be in that Common-wealth Venice and Genua have Senators and Dukes but little Authority have their Dukes Florence Farara Mantua Parma Vrbin and Savoy have their Dukes only without Senators and their power is absolute Milan was once a Kingdom but now a Dukedom the like is of Burgundy Lorain Bavire Gascony and Britain the lesser all which once had their distinct Kings and now have Dukes for their Supream Governours The like may be said of Germany that many years together had one King over all which now is divided into so many Dukedoms Earldoms and other like Titles of Supream Princes But the contrary is of Castile Aragon Portugal Barcelona and other Kingdoms this day in Spain which were first Earldoms only and after Dukedoms and then Kingdoms and now again are all under one Monarchy The like is of Bohemia and Polonia which were but Dukedoms in old time and now are Kingdoms The like may be said of France also after the expulsion of the Romans which was first a Monarchy under Pharamond their first King and so continued for many years under Clodion Merovys Childrik and Clodovaeus there first Christened Kings but after they divided it into four Kingdoms to wit one of Paris another of Soissons the third of Orleans and the fourth of Metts and so it continued for divers years but yet afterwards they made it one Monarchy again England also was first a Monarchy under the Brittains and then a Province under the Romans and after that divided into seven Kingdoms at once under the Saxons and now a Monarchy again under the English and all this by Gods permission and approbation who in token thereof suffered his own peculiar people also of Israel to be under divers manners of Governments in divers times as first under Patriarchs Abraham Isaac and Jacob then under Captains as Moses Joshua and the like then under Judges as Otheniel Aiod and Gideon then under High Priests as Hely and Samuel then under Kings as Saul David and the rest and then under Captains and High Priests again as Zorobabel Judas Machabeus and his Brethren until the Government was lastly taken from them and they brought under the power of the Romans and Forraign Kings appointed by them So as of all this there can be no doubt but that the Common-wealth hath power to chuse their own Fashion of Government as also to change the same upon reasonable causes as we see they have done in all times and Countries and God no doubt approveth what the Realm determineth in this point for otherwise nothing could be certain for that of these changes doth depend all that hath succeeded sithence In like manner is it evident that as the Common-wealth hath this authority to chuse and change her Government
also in that of Polidor it may be noted that King Henry the Fifth was not called King until after his Coronation but only Prince though his Father King Henry the Fourth had been dead now almost a month before and secondly that the Parliament consulted de Rege creando more majorum as Polidor his words are that is of making a new King according to the antient custom of their Ancestors which argueth that he was not yet King though his Father were dead not that the manner of our old English Ancestors was to account him so before his Admission Thirdly That this demonstration of good-will of the Nobility to acknowledge him for King before his Coronation and Oath solemnized well and justly to Govern the Realm was very extraordinary and of meer good-will And Last of all That this was never done to any Prince before King Henry the Fifth All which Points do demonstrate that it is the Coronation and Admission that maketh a Perfect and True King whatsoever the Title by Succession be otherwise and that except the Admission of the Common-wealth be joyned to Succession it is not sufficient to make a lawful King and of the two the second is of far more importance to wit the Consent and Admission of the Realm than nearness of Bloud by Succession alone This I might prove by many Examples in England it self where Admission hath prevailed against Right of Succession as in William Rufus that succeeded the Conquerour and in King Henry the First his Brother in King Stephen King John and others who by only Admission of the Realm were Kings against the Order of Succession as after more at large I shall shew you in a particular speech of this point I shall make unto you and very specially it may be seen in the two Examples before-mentioned of the Admission of the two Kings Henry and Edward both sirnamed the Fourth whose entrances to the Crown if a man do well consider he shall find that both of them founded the best part and the surest of their Titles upon the Election Consent and Good-Will of the People yea both of them at their dying-days having some remorse of Conscience as it seemed for that they had caused so many men to die for maintainance of their several Rights and Titles had no better way to appease their own minds but by thinking that they were placed in that Room by the Voice of the Realm and consequently might lawfully defend the same and punish such as went about to deprive them Moreover you shall find if you look into the Doings of Princes in all Ages that such Kings as were most Politick and had any least doubt or suspicion of Troubles about the Title after their Deaths have caused their sons to be Crowned in their own days trusting more to this than to their Title by Succession though they were never so lawfully and lineally descended And of this I could alledge you many Examples out of divers Countreys but especially in France since the last line of Capetus came unto that Crown for this did Hugh Capetus himself to procure to be done to Robert his eldest Son in his own days and the like did King Robert procure for his younger son Henry the First as Gerard holdeth and excluded his Elder only by Crowning Henry in his own days Henry also did intreat the States of France as before you have heard to admit and Crown Philip the First his Eldest Son whilst himself reigned and this man's Son Luys le Cros did the same also unto two Sons of his First to Philip and after his death to Luys the younger which is the seventh of that name for more assuring of his Son named Philip the Second intreated the Realm to Admit and Crown him also in his own days with that great solemnity which in the former Chapter hath been declared And for this very same cause of Security it is not to be doubted but that always the Prince of Spain is sworn and admitted by the Realm during his Father's Reign as before hath been said The same consideration also moved King David to Crown his son Solomon in his own days as afterwards more in particular shall be declared and finally our King Henry also the second of England considering the alteration that the Realm had made in admitting King Stephen before him against the Order of Lineal Succession by propinquity of Bloud and fearing the like might happen also after him caused his eldest son named likewise Henry to be Crowned in his life time so as England had two King Henrys living at one time with equal Authority and this was done in the 16 year of his Reign and in the year of our Lord 1170. But his Device had no good success for that King Henry the Younger made War soon after upon King Henry the Elder and had both the Kings of France and Scotland and many Nobles of England and Normandy to take his part for which cause it is thought that this thing hath never been put in practice again since that time in England but yet hereby it is evident what the opinion of the world was in those days of the force of Coronation and Admission of the Commonwealth and how little Propinquity of Bloud prevaileth without that And for more ample proof hereof and fuller conclusion of all the whole matter I had thought to have laid down also in this place some number of the most notorious Examples that I have read for I have read many wherein the Common-wealth upon just Occasions hath extended her Authority to alter the natural course of Succession by Birth but for that the thing requireth some little study and looking over some Notes that I have taken out of Stories for help of Memory I shall deferr it until our next Meeting at what time I shall by God's Grace make this point very clear and so end my whole Discourse for I see that I have been much longer than at the beginning I purposed and now I desire much to give place unto our Temporal Lawyer here present who I doubt not hath matter to say of more delectation and pleasure than this though you of your courtesies have done me so much favour as to hear me hitherto with patience and attention Whereunto the whole company answered that not with patience but with great pleasure delight and contentation they had heard him and so they would do the Temporal Lawyer also in his turn But yet they desired him that nothing of this discourse might be omitted but wholly finished for that it gave very great satisfaction to all and opened many important Points unto them which they had never thought of before and with this they parted for that night every man unto his Lodging and Habitation CHAP. VII How the next in Succession by Propinquity of Bloud hath often-times been put back by the Cemmonwealth and other further off admitted in their
other most dear as before hath been declared neither do any of the four antient Bishops Historiographers of Spain to wit that of Toledo Beza Salamanca or Ture that lived all about those days and wrote the Story reprehend this fact of the Realm of Spain or put any doubt whether it were lawful or not for the causes before-recited True it is that after three years reign this King Vermudo being weary of Kingly life and feeling some scruple of Conscience that being Deacon he had forsaken the life Ecclesiastical and married though by dispensation of the Pope as Morales saith and entangled himself with the affairs of a Kingdom he resigned willingly the Government unto his said Cousin Don Alonso the Chaste and himself lived after a Private Life for divers Years But this Don Alonso who now the fourth time had been deprived of his Succession as you have seen deceived the expectation of the Spaniards that accounted him a Monk for he proved the most valiant and excellent King that ever that Nation had both for his vertue valour victories against the Moores building of Towns Castles Churches Monasteries and other such Works of Christianity as Morales recounteth and he reigned after his last Admission one and fifty years and had great friendship with King Charles the Great of France who lived in the same time with him And this man among other most noble Exploits so tamed the Moors of his Countrey as during his days he never paid that cruel and horrible Tribute which before and after was paid by the Christians to the Moors which was an hundred young Maids and fifty Sons of Gentlemen every Year to be brought up in the Religion of Mahomet among those Infidel Tyrants And finally this man after so much Affliction came to be one of the most renowned Princes of the World After this Don Alonso who left no Children for that he would never marry but lived all his Life in Chastity there succeeded to him by Election his Nephew named Don Ramiro son to the former said King Don Vermudo the Deacon that gave this Man the Crown as you have heard of whose Election Morales writeth these words Muerto el Rey Don Alonso el casto sue eligido por los perlados y grandes del reyno el Rey Don Ramiro primero deste nombre hyio del Rey Don Vermudo el diacono That is the King Don Alonso the chast being dead there was chosen King by the Prelats and Nobility of the Realm Don Ramiro the first of this Name son of King Vermudo the Deacon who resigned his Crown to Don Alonso and it is to be noted that albeit this Don Ramiro was next in Bloud to the Succession after the death of his Uncle Don Alonso without Children yet was he chosen by the States as here it is said in express words Moreover it is to be noted that albeit this Author Ambrosio Morales and other Spanish Writers do say that in the time of this King Ramiro the Law of Succession by propinquity in â—loud was so revived and strongly consumed that as the Kingdom of Spain was made as Majorasgo as he termeth it which is an Inheritance so entailed and tied only to the next in bloud as there is no possibility to alter the same and that from this time forward the King always caused his Eldest son to be named King or Prince and so ever to be sworn by the Realm and Nobility yet shall we find this Ordinance and Succession oftentimes to have been broken upon several considerations as this Author himself in that very chapter confesseth As for Example after some descents from this man which were Don Ordonio the first this man's son and Don Alonso the Third Don Garzia and Don Ordonio the Second all four Kings by Orderly Succession it happened that in the Year of Christ 924 Don Ordonio the Second dying left four Sons and one Daughter lawfully begotten and yet the State of Spain displaced them all and gave the Kingdom to their Uncle Don Fruela second brother to their Father Don Ordonio and Morales saith that there appeareth no other reason hereof but only for that these Sons of the King deceased were young and not so apt to Govern well the Realm as their Uncle was But after a Years Reign this King Fruela dyed also and left divers Children at mans Estate and then did the Spaniards as much against them as they had done for him before against the Children of his Elder Brother For they put them all by the Crown and chose for their King Don Alonso the Fourth which was eldest son to Don Ordonio the Second before-named that had been last King saving one and this man also I mean Don Alonso the Fourth leaving afterwards his Kingdom and betaking himself to a Religious habit offered to the Commonwealth of Spain his eldest Son lawfully begotten named Don Ordonio to be their King but they refused him and took his Brother I mean this Kings Brother and Uncle to the young Prince named Don Ramiro who reigned 19 Years and was a most excellent King and gained Madrid from the Moors though noted for Cruelty for imprisoning and pulling out the eyes afterwards of this King Don Alonso the Fourth and all his Children and Nephews for that he would have left his Habit and returned to be King again But this Fact my Author Morales excuseth saying that it was requisite for the peace and safety of the Realm so as here you see two most manifest alterations of Lineal Succession together by Order of the Commonwealth Furthermore after this Noble King Don Ramiro the Second succeeded as Heir apparent to the Crown his elder Son Don Ordinio the Third of this name in the Year of our Saviour 950. But this Succession endured no longer than unto his own death which was after seven years for then albeit he left a Son named El Enfante Don Vermudo yet he was not admitted but rather his Brother Don Sancho the First of this Name sirnamed El Gordo who was Uncle to the young Prince and the reason of this Alteration Morales giveth in these express words el succeder en el regno al hermano fue por la racon ordinaria de ser el enfante Don Vermudo nino y no bastante para el govierno y difenca de la terra Which is the cause why the Kings Brother and not his son succeeded in the Crown was for the ordinary reason so often before alledged for that the Infant or young Prince Vermudo was a little child and not sufficient for the Government and Defence of the Countrey Truth it is that after this Don Sancho had reigned and his Son and Heir named Don Ramiro the Third after him for the space of thirty years in all then was this youth Don Vermudo that is now put back called by the Realm to the Succession of the Crown and made King
body which is ever to be respected more then any one Person whatsoever Belloy or other of his opinion do say to the contrary Thus said the Civilian and being called upon and drawn to a new matter by the question that ensueth he made his last discourse and conclusion of the whole matter in manner following CHAP. IX What are the principal points which a Common-wealth ought to respect in admitting or excluding of any Prince that pretendeth to succeed wherein it is handled largely also of the diversity of Religion and other such Cases AFter the Civilian had alledged all these examples of Succession altered or rejected by publick Authority of Commonwealths and of the allowance and approbation and good success which for the most part God seems to have given unto the same one of the Company brake forth and said That this point appeared so evident unto him as no doubt in the World could be made thereof I mean Whether this thing in it self be lawful or no To alter sometimes the course of Succession seeing that all Commonwealths of Christendom had done it so often only he said that it remained somewhat doubtful unto him whether the causes alledged in these mutations and changes before-mentioned were always sufficient or no For that sometimes they seemed to him but weak and slender as when for example the Vncle was preferred before the Nephews for that he was a Man and the other Children which cause and reason hath oftentimes been alledged in the former examples both of Spain France and England As also when the younger or Bastard Brother is admitted and the elder and Legitimate Excluded for that the one is a Warrier and the other not and other such like causes are yielded said he in the Exclusions before-rehearsed which yet seems not sometimes weighty enough for so great an Affair To this answered the Civilian That according to their Law both Civil and Canon which thing also he affirmed to be founded on great reason it is a matter most certain that he who is Judge and ought to give the sentence in the thing it self is also to judge of the cause for thereof is he called Judge And if he have authority in the one good reason he should also have power to discern the other so as if we grant according to the form and proofs That the Realm or Commonwealth hath power to admit or put back the Prince or pretender to the Crown Then must we also confess that the same Commonwealth hath Authority to judge of the lawfulness of the cause and considering further that it is in their own affair and in a matter that hath his whole beginning continuance and substance from them alone I mean from the Commonwealth for that no Man is King or Prince by institution of nature as before hath been declared but every King and Kings Son hath his dignity and preheminence above other men but authority only of the Commonwealth Who can affirm the contrary said the Civilian But that God doth allow for a just and sufficient cause in this behalf the only will and judgment of the weal publick it self supposing always as in reason we may that a whole Realm will never agree by orderly way of judgment for of this only I mean and not of any particular Faction of private men against their Heir Apparent to Exclude or put back the next Heir in Bloud and Succession without a reasonable cause in their sight and consure And seeing that they only are to be Judges of this case as now I have said we are to presume that what they determine is just and lawful for the time and if at one time they should determine one thing and the contrary at another as they did often in England during the contention between York and Lancaster and on other like occasions what can a private Man judge otherwise but that they had different reasons and motions to lead them at different times and they being properly Lords and Owners of the whole business committed unto them It is enough for every particular man to subject himself to that which his Common-wealth doth in this behalf and to obey simply without any further inquisition except he should see that open injustice were done therein or God manifestly offended and the Realm indangered Open injustice I call said he when not the true Commonwealth but some Faction of wicked Man should offer to determin this matter without lawful authority of the Realm committed to them and I call manifest offence of God and danger of the Realm when such a Man is preferred to the Crown as is evident that he will do what lyeth in him to the prejudice of them both I mean both of Gods glory and the publick Wealth as for example if a Turk or Moor as before I have said or some other notorious wicked Man or Tyrant should be offered by Succession or otherwise to govern among Christians in which cases every man no doubt is bound to resist what he can for that the very end and intent for which all Government was first ordained is herein manifestly impugned Thus the Civilian discoursed and the whole Company seemed to like very well thereof for that they said his opinion appeared both prudent and pious and by this occasion it came also presently in question What were the true causes and principal points which ought to be chiefly regarded as well by the Commonwealth as by every particular Man in this great action of furthering or hindering any Prince towards a Crown And they said unto the Civilian that if he would discuss in like manner this point unto them it would be a very apt and good conclusion to all his former Speeches and Discourses which having been of the authority that well publicks have over Princes Titles this other of the causes and considerations that ought to lead them for use and exercise of the same authority would fall very fit and necessary for the up-shot of all Hereunto the Civilian answered that he well saw the fitness and importance of the matter and therefore that he was content to speak a word or two more thereof Notwithstanding that much had been said already therein to wit in all those points which had been disputed about the end of Government and why it was appointed which end said he seing it is as largely hath been proved before to defend preserve and benefit the Commonwealth here hence that is from this consideration of the Wel-publick are to be deduced all other considerations of most importance for discerning a good or evil Prince For that whosoever is most likely to defend preserve and benefit most his Realm and subjects he is most to be allowed and desired as most conform to the end for which Government was ordained And on the contrary side he that is least like to do this deserveth least to be preferred and here quoth he you see doth enter also that consideration mentioned
by you before which divers Commonwealths had in putting back oftentimes Children and impotent People though otherwise next in Blood from Succession and preferring more able Men though further off by Descent for that they were more like to defend well their Realm and Subjects than others were But to proceed said he more distinctly and more perspicuously in this matter I would have you call to mind one Point among others which I alledged before out of Gerard the French Author to wit that the King of France in his Coronation is new apparelled three times in one day once as a Priest and then as a Judge and last as King armed Thereby to signify three things committed to his Charge First Religion then Justice then Manhood and Chivalry for the Defence of the Realm This Division seemeth to me very good and fit quoth he and to comprehend all that a Wel-Publick hath need of for her happy State and Felicity both in Soul and Body and for her end both Supernatural and Natural For by the First which is Religion her Subjects do attain unto their end Spiritual and Supernatural which is the Salvation of their Souls and by the Second and Third which are Justice and Defence they enjoy their Felicity Temporal which is to live in Peace among themselves and Safety from their Enemies for which Cause it seemeth that these are the three Points which most are to be regarded in every Prince that cometh to Government and much more in him that is not yet admitted thereunto but offereth himself to the Commonwealth for the same purpose And for that the latter two of these three Points which are Justice and Manhood hath been often had in consideration in the Examples of Changes before mentioned and the first Point which is Religion hath rarely or never at all been talked of for that in former times the Prince and the People were always of one and the same Religion and scarce ever any question or doubt fell in that behalf which yet in our days is the principal difference and chiefest difficulty of all other For these Causes I say shall I accommodate my self to the circumstance of the time wherein we live and to the present Case which is in question betwixt us about the Succession of England and leaving aside those other two Considerations of Justice and Chivalry in a King which are far less important than the other though yet so highly regarded by ancient Commonwealths as you have heard I shall treat principally of Religion in this place as of the first and highest and most necessary Point of all other to be considered in the Admission of any Prince for the profit of his Subjects for that without this he destroyeth all and with this albeit he should have defects in the other two Points of Justice and Manhood yet may it be holpen or his defect or negligence may be supplyed much by others as after I shall shew more in particular but if he want Fear of God or care of Religion or be perversly perswaded therein the damage of the Wel-Publick is inestimable First of all then for beter understanding of this Point we are to suppose that the first chiefest and highest end that God and Nature appointed to every Commonwealth was not so much the temporal felicity of the Body as the Supernatural and Everlasting of the Soul and this was not only revealed to the Jews by Holy Scriptur but also unto the Gentils and Heathens by the Instinct and Light of Nature it self For by this Light of Natural reason the Learned sort of them came to understand the immortality of the Soul and that her Felicity Perfection and full Contentment which they called her final End and Summum Bonum could not be in this Life nor in any thing Created under Heaven but must needs be in the Life to come and that by attaining to enjoy some infinit endless and immortal Object which could fully satisfy the appetit of our Soul and this could be no other than GOD the Maker of all himself And that consequently all other things of this transitory Life and of this humane Commonwealth subject to mans eyes are ordained to serve and be subordinate and directed to the other Higher End and that all mans actions in this World are first of all and in the highest degree to be employed to the recognising serving and honouring of this great Lord that governeth the whole as Author and End of all To this Light I say came the Heathens even by the Instinct and Direction of Nature whereof ensued that there was never yet Pagâ—n Philosopher that wrote of framing a good Commonwealth as Socrates Plato Plutarch Cicero and others neither Law-maker among them that left Ordinances for the same purpose as Deucalion Minos Zaleucus Lycurgus Solon Jon Numa or the like which besides the temporal end of directing things well for the body had not especial care also of matters appertaining to the mind to wit of nourishing honouring and rewarding of Vertue and for restraining and punishing of Vice and Wickedness whereby is evident that their end and butt was to make their Citizens Good and Vertuous which was an higher end than to have a bare consideration of temporal and bodily Benefits only as many Governours of our days though Christians in name seem to have who pretend no higher and in their Government than Bodily Wealth and a certain temporal King of Peace and Justice among their Subjects which divers beasts also do reach unto in their Congregations and Commonwealths as is to be seen among Emmets and Bees Cranes Lions and other such Creaturs that by Instinct of Nature are sociable and do live in company and consequently also do maintain so much Order and Policy in their Commonwealth as is needful for their preservation and continuance But Nature taught Man a far higher and more excellent End in his Commonwealth which was not only to provide for those bodily Benefits that are common also to creatures without Reason but much more for those of the Mind and above all for the serving of that High and Supreme God that is the Beginning and End of all the rest For whose Service also they learned by the same Instinct and Institution of Nature that the chiefest and supremest Honour that could be done unto him in this life by man was the Honour of Sacrifice and oblations which we see was begun and practised even in those first beginnings of the Law of nature before the Levitical Law and the particular Forms of this same Law were prescribed by Moses For so we read in Genesis of Noach that he made an Altar and offered Sacrifices to God upon the same of all the Beasts and Birds that he had in the Ark odor atusque est Dominus odorem suavitatis And God received the smell of these Sacrifices as a sweet smell Which is to say that God was highly pleased therewith
shall now begin to make more particular declaration taking my beginning from the Children of King Edward the third who were the causers of this fatal dissention CHAP. III. Of the succession of English Kings from King Edward the third unto our days with the particular causes of dissention between the Families of York and Lancaster more largely declared KIng Edward the third surnamed by the English the Victorious though he had many Children whereof some died without Issue which appertain not to us to treat of yet had he five Sons that left Issue behind them to wit Edward the eldest that was Prince of Wales surnamed the Black Prince Leonel Duke of Clarence which was the second Son John of Gaunt so called for that he was born in that City that was the third Son and by his Wife was Duke of Lancaster and fourthly Edmond surnamed of Langley for that he was also born there and was Duke of York and last of all Thomas the fifth Son surnamed of Woodstock for the same reason of his birth and was Duke of Gloucester All these five Dukes being great Princes and Sons of one King left Issue behind them as shall be declared and for that the descendents of the third and fourth of these Sons to wit of the Dukes of Lancaster and York came afterward to strive who had best Title to Reign thereof it came that the controversie had his name of these two Families which for more distinction sake and the better to be known took upon them for their Ensigns a Rose of two different colours to wit the White Rose and the Red as all the World knoweth whereof the White served for York and the Red for Lancaster To begin then to shew the Issue of all these five Princes it is to be noted that the two elder of them to wit Prince Edward and his second Brother Leonel Duke of Clarence dyed both of them before King Edward their Father and left each of them an Heir for that Prince Edward left a Son named Richard who Succeeded in the Crown immediately after his Grand-father by the name of King Richard the second but afterward for his evil Government was deposed and dyed in prison without Issue and so was ended in him the Succession of the first Son of King Edward The second Son Leonel dying also before his Father left behind him one only Daughter and Heir named Philippa who was married to one Edmond Mortimer â—arl of March and he had by her a Son and Heir named Roger Mortimer which Roger had Issue two Sons named Edmond and Roger which dyed both without Children and one daughter named Anne Mortimer who was married unto Richard Plantagenet Earl of Cambridge second Son unto Edmond Langly Duke of York which Duke Edmond was fourth Son as hath been said unto King Edward the third and for that this Richard Plantagenet married the said Anne as hath been said hereby it came to pass that the House of York joyned two titles in one to wit that of Leonel Duke of Clarence which was the second Son of King Edward the third and that of Edmond Langly Duke of York which was the fourth Son and albeit this Richard Plantagenet himself never came to be Duke of York for that he was put to death while his elder Brother lived by King Henry the fifth for a conspiracy discovered in Southampton against the said King when he was going over into France with his Army yet he left a Son behind him named also Richard who afterward came to be Duke of York by the death of his Uncle which Uncle was slain soon after in the Batteâ— of Ageâ—couâ—t in France and this Richard began first of all to prosecute openly his quarrel for the Title of the Crown against the House of Lancaster as a little afterward more in particuler shall be declared as also shall be shewed how that this 2 Richard Duke of York being slain also in the same quarrel left a Son named Edward Earl of March who after much trouble got to be King by the name of King Edward the 4 by the oppression and putting down of King Henry the 6 of the House of Lancaster and was the first King of the House of York whose Genealogy we shall lay down more largely afterwards in place convenient And now it followeth in order that we should speak of John of Gaunt the third Son but for that his descent is great I shall first shew the descent of the fifth and last Son of King Edward who was Thomas of Woodstock Duke of Glocester and Earl of Buckingham that was put to death afterward or rather murthered wrongfully by order of his Nephew King Richard the second and he left only one daughter and Heir named Anne who was married to the Lord Stafford whose Family afterward in regard of this marriage came to be Dukes of Buckingham and were put down by King Richard the third and King Henry the eighth albeit some of the bloud and name do remain yet still in England And thus having brought to an end the Issue of three Sons of King Edward to wit of the first second and fifth and touched also somewhat of the fourth there resteth to prosecute more fully the Issues and descents of the third and fourth Sons to wit of John of Gaunt Duke of Lancaster and of Edmond Langly Duke of York which are the Heads of these two Noble Families which thing I shall do in this place with all brevity and perspicuity possible beginning first with the House of Lancaster John of Gaunt third Son of King Edward being Duke of Lancaster by his Wife as hath been said had three Wives in all and by every one of them had issue though the Bishop of Ross in his great Latine Arbour of the Genealogies of the Kings of England Printed in Paris in the year 1580. assigneth but one Wife only to this John of Gaunt and consequently that all his Children were born of her which is a great and manifest errour and causeth great confusion in all the rest which in his Book of the Queen of Scots Title he buildeth hereon for that it being evident that only the first Wife was Daughter and Heir of the House of Lancaster and John of Gaunt Duke thereof by her it followeth that the Children only that were born of her can pretend properly to the inheritance of that house and not others born of John of Gaunt by other wives as all the World will confess First then as I have said this John of Gaunt married Blanch Daughter and Heir of Henry Duke of Lancaster and had by her one Son only and two Daughters The Son was called Henry Earl first of Darby and after made Duke of Hereford by King Richard the second and after that came to be Duke also of Lancaster by the death of his Father and lastly was made King by the deposition of his Cousen German the said King
Deprivation by the Pope that soon after ensued as also by another Deprivation made by the Barons of his Realm as after shall be touched Furthermore they say That when Arthur Duke of Britain whom to this effect they do hold to have been the only true Heir at that time to the Kingdom of England was in Prison in the Castle of Roan suspecting that he should be murthered by his said Unkle King John he nominated this Lady Blanch his Cousin-jerman to be his Heir perswading himself that he by the help of her Husband Prince Lewis of France and her Father the King of Spain should be better able to defend and recover his or her right to the Crown of England than Eleanor his own Sister should be who was also in the hands of his said Unkle for that he supposed that she should be made away by himself shortly after as indeed the French Chronicler affirmeth that she was And howsoever this matter of Duke Arthur's Testament was yet certain it is that when he and his Sister were put to death the next in Kin that could succeed them in their right to England was this Lady Blanch and her Mother Queen Eleanor that was Sister to Arthur's Father Geffrey Duke of Britany for that King John their Unkle was presumed by all men to be uncapable of their Inheritance by his putting of them to death and Child he had yet none And this is the second point that these men do deduce for the Lady Infanta of Spain by the title of Queen Eleanor and her Daughter Blanch to whom the Infanta is next Heir A third Interest also the same men do derive to the Infanta by the actual Deposition of King John by the Barons and States of this Realm in the 16 th year of his Reign and by the Election and actual Admission of Lewis Prince of France Husband of Lady Blanch whom they chose with one consent and admitted and swore him Fealty and Obedience in London for him and for his Heirs and Posterity in the year 1217. and gave him Possession of the said City and Tower of London and of many other chief places of the Realm and albeit afterwards the most part of the Realm changed their minds upon the sudden death of the said King John and chose and admitted his young Son Henry III. a Child of 9 years old yet do the favourers of the Infanta say That there remaineth to her as Heir unto the said Lewis until this day that Interest which by this Election Oath and Admission of the Realm remained unto this Prince Lewis which these men affirm to be the very like case as was that of Hugo Capetus in France who came to be King especially upon a certain Title that one of his Ancestors named Odo Earl of Paris had by being once elected King of France and admitted and sworn though afterwards he was deposed again and young Charles surnamed the Simple was admitted in his place as Henry III. was in England after the Election of Lewis But yet as the other ever continued his Right and Claim till it was restored to Hugo Capetus one of his Race so say these men may this Infanta continue and renew now the Demand of King Lewis her Ancestor for that Titles and Interests to Kingdoms once rightly gotten do never die but remain ever for the Posterity to effectuate when they can And thus much of this matter But after this again these men do shew how that the said Infanta of Spain doth descend also from Henry III. son of King John by the Dukes of Britany as before in the second Chapter hath been declared and in the Arbor and Genealogy following in the end of this Conference shall be seen for that King Henry besides his two Sons Edward and Edmond which were the beginners of the two Houses of York and Lancaster had also a Daughter named Beatrix married to John the second of that Name Duke of Britany and by him she had Arthur II. and so lineally from him have descended the Princes of that House until their Union with the Crown of France and from thence unto this Lady Infanta of Spain that now is who taketh her self for proper Heir of the said House of Britany and Heir general of France as hath been said By this Conjunction then of the House of Britany with the Bloud-Royal of England the Friends of the Infanta do argue in this manner That seeing she descendeth of the Sister of these two Brothers which were the Heads of the two opposite Houses of Lancaster and York and considering that each of these Houses hath often-times been Attainted and Excluded from the Succession by sundry Acts of Parliament and at this present are opposite and at contention among themselves why may not this right of both Houses say these men by way of Composition Peace and Comprize at least be passed over to the Issue of their Sister which resteth in the Infanta Again they say That all these three Branches of the Lines to wit by the Lady Constance Daughter of King William the Conquerour by the Lady Eleanor Daughter of King Henry II. and by the Lady Beatrix Daughter of King Henry III. it is evident that this Lady the Infanta of Spain is of the true ancient Bloud-Royal of England and that divers ways she may have Claim to the same which being granted they infer That seeing matters are so doubtful at this day about the next lawful Succession and that divers of the Pretenders are excluded some for Bastardy some other for Religion some for unaptness to Govern and some for other Causes and seeing the Commonwealth hath such Authority to dispose in this Affair as before the Civil-Lawyer hath declared why may there not Consideration be had among other Pretenders of this noble Princess also say these men especially seeing she is unmarried and may thereby commodate many matters and salve many breaches and satisfie many hopes and give contentment to many desires as the world knoweth And this is in effect as much as I have heard alledged hitherto in favour of the Infanta of Spain but against this Pretence others do produce divers Arguments and Objections As first of all That these her Claims be very old and worn out and are but Collateral by Sisters Secondly That she is a Stranger and Alien born Thirdly That her Religion is contrary to the State Unto all which Objections the favourers aforesaid do make their Answers And to the first they say That Antiquity hurteth not the goodness of a Title when occasion is offered to advance the same especially â—n Titles belonging to Kingdoms which commonly are never presumed to die as hath been said and nullum tempus occurrit Regi saith our Law And as for Collateral Lines they say That they may lawfully be admitted to enter when the direct Lines do either fail or are excluded for other just respects as in our Case they hold that
succeeded by Right of the House of Lancaster immediately after King Henry the sixth And the Lady Margaret alledgeth That she was descended from John Earl of Somerset that was a man and therefore â—o be preferred And King Alfonsus alledged That he being in equal degree of nearness of Bloud with the same Countess for that both were Nephews was to be preferred before her for that he was a man and of the whole Bloud to the last Kings of the House of Lancaster and that she was a woman and but of the half Bloud so that three Prerogatives he pretended before her First That he was a man and she a woman Secondly That he descended of the lawful and elder Daughter and she of the younger Brother legitimated And thirdly That he was of whole Bloud and she but of half And for better fortifying of this proof of his Title these men do alledge a certain Case determined by the Learned of our days as they say wherein for the first of these three Causes only the Succession to a Crown was adjudged unto King Philip of Spain to wit the Succession to the Kingdom of Portugal which Case was in all respects correspondent to this of ours For that Emmanuel King of Portugal had three Children for sâ— much as appertaineth to this Affair for afterward I shall treat more particularly of his Issue that is to say two Sons and one Daughter in this order John Elizabeth and Edward even as John of Gaunt had Henry Lady Philippa and John Prince John of Portugal first Child of King Emmanuel had Issue another John and he had Sebastine in whom â—he Line â—f John the first Child was extinguished But Joâ—n's Sister Elizabeth was married to Charâ—â—s the Emperour and had Issue King Philip of Spain that now liveth Edward also younger Brother to Elizabeth or Isabel had Issue two Daughters the one married to the Duke of Parma and the other to the Duke of Bargansa so as King Philip was in equal degree with these Ladies in respect of King Emmanuel for that he was Son to his eldest Daughter and the two Dutchesses were Daughters to his younger Son And upon this rested the Question Which of these should succeed and â—â— was decided That it appertaineth unto King Philip for that he was a man and his Mother was the elder Sister though if King Philip's Mother and the two Dutchesses Father I mean Lord Edward of Portugal had been alive together no doubt but that he being a man should have born it away which these men say holdeth not in our Case but it is much more to our advantage for that it hath been shewed before that if Queen Philippa had been alive with John Earl of Somerset at the death of King Henry the sixth she should have been preferred as legitimate by Birth and therefore much more ought her Nephew King Alfonsus to have been preferred afterward in that he was a man before the Neece of the said John Earl of Somerset that was but a Woman Thus far they And besides all this they do add as often before I have mentioned that King Alfonsus was of the whole Bloud unto all the three King Henries of the House of Lancaster and the Countess of Richmond was but of the half bloud And for more strengthening of this Argument they do say further that besides that Interest or Right to the Crown which King Henry the fourth who was the first King of the House of Lancaster had by his Father John of Gaunt in that the said John was third Son of King Edward the third the said King Henry had divers other interests also which came of himself only and not from his said Father as were for example his being called into the Realm by general voice of all the people his right gotten by Arms upon the evil Government of the former King the personal resignation and delivery of the Kingdom by solemn instrument made unto him by King Richard his Election also by Parliament and Coronation by the Realm and finally the quiet Possession of him and his Posterity for almost sixty years with many Confirmations of the whole Realm by divers Acts of Parliament Oaths and and other Assurances as the World knoweth So many I mean and so authentical as could possibly be devised or given And besides all this that when King Richard was dead he was next in degree of Propinquity unto him of any man living for that the Sons of Roger Mortimer were two degrees further off than he as hath been shewed before All which particular Rights and Interests were peculiar to Henry the fourth's person and were not in his Father John of Gaunt and therefore cannot possibly descend from him to the Issue of John Earl of Somerset but must pass rather to the Issue of King Henry s true Sister the Queen Philippa of Portugal And this though it be supposed that otherwise it might be granted as they say it may not that John Earl of Somorset and his Successors might succeed to John of Gaunt before Lady Philippa which thing say these men if it should be granted yet cannot he succeed to King Henries the fourth fifth and sixth that descended of Blanch. And this is in effect all that I have heard disputed about this point what Line is true Heir to the House of Lancaster to wit whether that of John Earl of Somerset born of Katharine Swinford from whom descendeth King Henry the seventh and his Posterity or else that of Queen Philippa of Portugal born of Lady Blanch from whom are come the foresaid Princes of Portugal But now it remaineth to examine somewhat in this place also what and who are these Princes of the House of Portugal so often named before and what pretence of Succession they and every of them have or may have unto the Crown of England For better understanding whereof it shall be needful to explain somewhat more at large the foresaid Pedigree of King Emmanuel of Portugal who albeit by divers Wives he had many Children yet six only that he had by one Wife of whom there remaineth hitherto Issue are those which may appertain unto our purpose to speak of in respect of any pretence that may be made by them towards England supposing always which is most true that the said King Emmanuel was descended lineally as true and direct Heir from the foresaid Lady Philippa Queen of Portugal that was Daughter of John of Gaunt by his first Wife Lady Blanch Dutchess and Heir of the Dukedom of Lancaster and Sister to King Henry the fourth first King of the House of Lancaster so as by her doth or may pretend the whole Posterity of the said King Emmanuel unto whatsoever the said Phillippa might Inherit from her Father or Mother or from her said Brother King of England or his Posterity The six Children then of King Emmanuel were these following and each of them born as here they are set down first Prince
John that was King after his Father by the Name of John the third Secondly the Lady Isabel Married to the Emperor Charles the fifth and Mother to King Philip of Spain that now liveth Thirdly Lady Beatrix Married to Charles Duke of Savoy and Mother to Duke Philibert the last Duke that Died and Grand-mother to this that now Liveth Fourthly Lord Lewis Father to Don Antonio that now is in England Fifthly Lord Henry that was Cardinal and Archbishop of Ebora and in the end King of Portugal And sixthly Lord Edward that was Father of the two Dutchesses of Parma and Bragansa to wit of the Lady Mary and Lady Catharine both which left goodly Issue for that Lady Mary hath left by the last Duke of Parma Lord Ranutius that is now Duke of Parma and Lord Edward that is Cardinal And the Lady Catharine Dutchess of Bragansa that yet liveth hath Issue divers goodly Princes as the Lord Theodosius that is now Duke of Bragansa and three younger Brothers to wit Edward Alexander and Philip young Princes of great expectation and these are the Children of King Emmanuel whose particular Successions and Issues I shall declare somewhat more in particular Prince John of Portugal afterward King by name of King John the Third had Issue another John that was Prince of Portugal but died before his Father and left a Son Named Sebastian who was King and slain afterward by the Moors in Barbary and so ended this first Line The second Son and fourth Child of King Emmanuel was Named Lord Lewis and died also without Issue Legitimate as is supposed for that Don Antonio his Son that afterward was proclaimed King by the People of Lisbone and now liveth in England was taken by all men to be unlawful as presently more at large shall be shewed so as after the Death of King Sebastian there entred the Cardinal Lord Henry which was third Son of King Emmanuel and Great-Uncle to Sabastian lately Desceased for that he was Brother to King John the third that was Grand Father to King Sebastian And albeit there wanted not some according as the Authors Write which afterward I shall Name who affirmed and held that King Philip of Spain should have succeeded King Sebastian before the Cardinal for that he was nearer in Consanguinity to him than was the Cardinal for that besides that King Philip was Son of King Emmanuâ—ls Eldest Daughter he was Brother also to King Sebastians Mother yet the said Cardinal entred peaceably and by consent of all parties but for that he was Old and Unmarried and not like to leave any Child of his own there began presently the Contention in his days who should be his Successor To which Succession did pretend five Princes of the Blood-Royal of Portugal besides the Lady Catharine Queen-Mothers of France who pretended by her Mothers side to be Descended of one Lord Ralph Earl of Bullain in Piccardy which Ralph was Eldest Son of Alfonsus the third King of Portugal which Alfonsus before he was King to wit in the time of his Eldest Brother King Sanches of Portugal was Married to the Countess and Heir of Bullain Named Mathildis and had by her this Ralph But afterwards this Alfonsus coming to be King of Portugal he Married again with the King of Castile's Daughter and had by her a Son called Denyse who reigned after him and his Successors unto this day all which Succession of King Denyse and his Posterity the said Queen Mother would have improved and shewed that it appertained unto her by the said Raphe and for this cause sent she to Portugal one Lord Vrban Bishop of Comince in Gascony to plead her Cause which Cause of hers was quickly rejected and only the aforesaid five Princes Descended of King Emmanuel's Children were admitted to the Tryal for the same which were Don Antonio Son of Lord Lewis the King Cardinals Elder Brother and King Philip of Spain Son of Lady Elizabeth the Eldest Sister of the said Cardinal and Philibert Duke of Savoy Son of the Lady Beatrix the same Cardinals Younger Sister and the two Dutchesses of Parma and Bragansa named Mary and Catharine Daughters of Lord Edward Younger Brother of the said Cardinal and Youngest Child of the said King Emmanuel And for that the Lady Mary Dutchess of Parma which was the Elder of the two Daughters was Dead before this Controversy fell out her Eldest Son Lord Ranutio now Duke of Parma pretended by her Right to the said Crown And for that this matter was of so great Importance every party procured to lay down their Reasons and declared their Rights in the best manner they could and such as could not be present themselves in Portugal sent thither their Agents Embassadors and Attorneys to plead their Cause for them Don Antonio and the Dutchess of Bragansa as Inhabitants of that Kingdom were present and declared their pretences Namely Don Antonio by himself and for himself and the Lady Mary of Bragansa by her Husband the Duke and his Learned Councel The Prince of Parma sent thither for his part one Ferdinando Farneso Bishop of Parma The Duke of â—avoy seâ—t Charles of Rovere afterward made Cardinal The King of Spain as the greatest pretender sent the Lord Peter Gyron Duke of Osuna afterward Viceroy of Naples and Sir Christopher de Mora Knight of his Chamber at that time but since of his Privy-Council and lately made Earl of Castil Rodrigo in Portugal of which Country he is a Native and besides these two a great Lawyer Named Roderigo Vasques made since as I hear say Lord President of Castil which is as much almost as Lord Chancellor with us All these did lay forth before the King Cardinal their several Reasons and Pretensions to the Succession of the Crown of Portugal for the five persons before-mentioned whereof two were quickly excluded to wit the Duke of Savoy for that his Mother was Younger Sister to King Philip's Mother and himself also of less Age then the said King And secondly Don Antonio was also excluded by publick and Judicial Sentence of the King Cardinal his Uncle as Illegitimate and Born out of lawful Wedlock And Albeit Don Antonio denyed the same and went about to prove himself Legitimate 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 upon Examination he had found them Suborned which he said was evident 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 whom he cast into Prison and caused them to be punished And so sitting in Judgment accompanied with four Bishops and four Lawyers whom he had called to assist him in this Cause he pronounced the same Don Antonio to be a Bastard for
the Reasons that were on both Parties for this matter and so much the more for that it seemed to Fall very fit to the purpose of these pretences of Foreign Princes for which cause they entreated him very instantly that before he passed any further or ended his whole discourse of the Titles which hitherto they said had greatly contented them he would stay himself a little upon this matter which though for a time he made great difficulty to do yet in the end being so importuned by them he promised that at their Meeting the next day he would satisfie their desire and so for that time they departed very well contented but yet as they said with their Heads full of Titles and Titlers to the Crown CHAP. IX Whether it be better to be under a Foreign or Home born Prince and whether under a great and mighty Monarch or under a little Prince or King THe Company being gathered together the next day and shewing much desire to hear the point discussed about Foreign Government whereof mention had been made the day before the Lawyer began to say That for so much as they would needs have him to enter into that matter which of it self was full of prejudice in most mens ears and minds for that no Nation commonly could abide to hear of being under strange Governours and Governments he meant to acquit himself in this their Request as he had done in other matters before which was to lay down only the Opinions and Reasons of other men that had disputed this Affair on both sides before him and of his own to affirm or deny nothing And first of all against the Dominions of Strangers and Foreigners he said that he might discourse without end and fill up whole Books and Volumes with the Reasons and Arguments or at least wise with the dislikes and aversions that all men commonly had to be under strangers or to have any Aliens to bear Rule or Charge over them be they of what Condition State or Degree soever and in this he said that as well Philosophers Lawmakers wise and good men as others do agree commonly for that we see both by their Words Writings and Facts that they abhorr to subject themselves to strange Governments so as in all the eight Books of Aristotles's Politicks you shall still see that in all the different Forms of Commonwealths that he setteth down he presupposeth ever that the Government shall be by People of the self same Nation and the same thing do presume in like manner all those Law-makers that he there mentioneth to wit Minois Solon Lycurgus Numa Pompilius and the rest and he that shall read the Famous Invectives of Demosthenes against the pretentions of King Philip of Macedonia that desired to incroach upon the Athenians and other States of Greece as also his Orations against Aeschinos his Adversary that was thought secretly to Favour the said Foreign Prince shall see what Hatred that noble Orator had against Foreign Government and he that shall read the Books of our time either of the Italians when they spake of their Subjection in times past to the Lombardes German or French Nations or to the Spaniards at this day or shall consider what the French do presently write and inveigh against the Power of the House of Guyse and Lorayne in France for that they take them to be Strangers shall easily see how deeply this aversion against Strangers is rooted in their Hearts and this for Testimony of words But now if we will consider the Facts that have ensued about this matter and how much Blood hath been â—hed and what desperate Attempts have been taken in hand by divers Nations for avoiding their subjection to strangers or for delivering themselves from the same again if once they have faln into it you shall behold more plainly the very Impression of Nature her self in this Affair for of divers barbarous Nations Realms and Cities we read in Histories we read that they rather chose to slay and murder themselves than to be under the Dominion of Stranger others have adventured strange Attempts and Bloody Stratagems as the Sicilians who in one day and at the self same hour at the time of Evening Sâ—ng slew all the French-men that were within the Island whom yet themselves had called and invited thither not long before And the like is recorded in our English Histories of killing the Danes by English men at one time in most ruful manner And the like was oftentimes thought on also by the English against the Normans when they Oppressed us and by the French against the English whiles we had Dominion in Franâ—e though neither the one nor the other of these latter designments could be effectuated for want of Forces and Commodity by reason of the watchfulness of the contrary part But yet to speak only of France the Rage and Fury of the French was generally so great and implacable against the English that Governed there in the Reign of King Henry the VI. as both Polydor and other Histories do note â—t what time partly by the dissensions of the Houses of York and Lancaster in England and partly by the valour of their own new King Charles the VII they had hope to be rid of the English Dominion as no Perswasion or Reason no Fear of Punishment no Force of Arms no Promise or Threat no Danger no Pity no Religion no Respect of God nor Man could repress or stay them from rising and revolting every where against the English Government and Governours murthering those of the English Nation in all parts and corners wheresoever they found them without remorse or compassion until they were utterly delivered of their Dominion So as this matter is taught us say these men even by Nature her self that Strangers Government is not to be admitted and moreover the reasons before alledged against the King of Scotlands pretence together with the example and judgments of the Realms of Spain and Portugal who resolved rather to alter the true Order and Course of their Succession than to admit Strangers over them do plainly Confirm the same And last of all say these men the Authority of Holy Scripture is evident in this behalf for that whenâ— God in Deuteronomy did fortel by Moses that the Jews in time would come to change their Government and to desire a King as other Nations round about them had he added yet this express Condition that he should be only of their own Nation for he saith Constitues eum quem Deus tuus elâ—gerit de numero fratrum tuorum non poteris altertus gentis hominem Regem facere qui non sit frater tuus that is Thou shalt make a King at that time such a one as thy Lord God shall chuse for that dignity out of the number of thy Brethren but thou mayst not make a King of any other Nation but of thy own Brethren
made reply by their President and Chancellor and other of their own Councellors residing for the Flemish Nation in the Court of Spain for this Nation hath always a particular Councel there about the King as all other Foreign Nations also have that are under him and by this means they obtained lightly what they would and brought the Governour to what they pleased so as in effect they were absolute Kings in themselves and wrought their Wills in every thing and this is in that time while the Country was quiet But now since this Revolt which hath indured almost these four or five and twenty years what hath succeeded surely there hath not a quarter so many been punished or put to Death in all these years by order of Justice of their King absent as before I have shewed that there were in one day by ther own Earls and Dukes when they were present and that upon far less occasion and cause given then are these for if we take away the two Noblemen Egmond and Horne put to Death at the beginning of these Flemâ—sh Troubles by the Duke of Alva for which some men say also that he had no thanks afterward by the King no man of importance hath been since Executed and the chiefest Towns that have been and are against the King in Holland and Zeeland are suffered until this day to Traffique freely into Spain it self to wit in the Kingdom of Aragon many Heads have been strucken off and much injustice done whereof then riseth this difference no doubt for that the Flemmings are Strangers and far off and the other near at Home and Natural-Born so as this circumstance of being a Stranger and dwelling far off doth them great pleasure and giveth them priviledge above the Home-born Subjects The like I might shew for this matter of punishment in the foresaid States of Italy where if a man do compare the number of them that were put to Death pulled Down or Afflicted by order of Justice or otherwise at the the commandment of the Prince in time of their own Home-born Kings with that which hath been since especially of the Nobility you shall find one for twenty and the reason of this is for that their own Kings were Absolute and had to give an account to no man of their doings and for that they were men and had their Passions and Emulations with the Nobility and might put the same in Execution without Account or Controlment they pulled down and set up at their pleasure and made oftentimes but a Jest of Noblemens Lives and Deaths but now these that are Governours and Vice-roys for a Foreign Prince first they have not so great Authority or Commission as to touch any such Principal persons Lives without giving Relation thereof of first unto their King and Councel and receive again particular order for the same and then they knowing that after their three years Government is ended they must be private men again and stay their fourty days as Subjects under the next new Governour to give Reckoning of their doings against all that shall Accuse them which in these Countries they call to make their residence they take heed what they do and whom they offend so as the condition of Nobility is far different under such a strange Government as this is termed then under a Natural Prince of their own Country which oppresseth them at his pleasure But now to draw near homeward if we will examine and consider what hath passed in England in this point of Massacring our Nobility by our Domestical Princes it is a matter lamentable for it may seem that they have served oftentimes for our Princes to make disport and play with their Heads And to let pass all those which in time of Wars Rebellions and Commotions have been cut off which occasions may seem more justifyable I do read also in our Chronicles that a Sangue freddo as the Italian saith that is to say in time of Peace and by Execution of Justice at the Princes appointment these Noblemen following and Knights by Name were put to Death within the space of one five years in King Henry the fourth his days The Duke of Exeter the Duke of Surry the Archbishop of York the Earls Salisbury of Glocester of Worcester and of Huntington the Earl Mowbray Earl Marshal the Barron of Kinderton Sir Roger Clarington Bastard Son of Edward the Black Prince Sir Thomas Blunt Sir Bernard Rocas Sir Richard Vernon And again soon after under King Edward the fourth in almost within as little space the Dukes of Somorset and of Exeter the Earls of Devonshire of Oxford and of Keyns the Lord Ross the Lord Molyns Sir Thomas Tudingham Sir Philip Wentworth Sir Thomas Fyndam and many others afterwards for this was but at the beginning of his Reign which number of Nobility if a man should have seen them alive together with their Trains before they had been put down he would have said they had been a very goodly company and pityful that so many of our own Nobility should be brought by our own Princes to such Confusion But yet this matter may seem perhaps the less marvellous and more excusable under those two Kings for that Troubles and Contentions had passed a little before in the Realm about the Succession and herupon so many of the Nobility might be cut off But let us see then what ensued afterwards when things were established and all doubt of contention about the Succession taken away as in King Henry VIII the his days it was and yet do I find Registred in our Chronicles these persons following either made away cut off or put down by the said King to wit two Queens Ann and Catharine three Cardinals put down and disgraced Woolsey Pool and Fisher whereof the last was Beheaded soon after his Dignity given him in Rome and the first was Arrested the second Attainted of imagined Treasons three Dukes put down to wit the Noble Dukes of Buckingham Suffolk and Norfolk whereof the last lost his Lands Dignities and Liberty only the former two both Lands and Lives A Marquess with two Earls Beheaded Devonshire Kyldare and Surrey two Countesses Condemned to die Devonshire and Salisbury and the latter Executed Lords many as the Lord Darcy the Lord Hussey the Lord Montague the Lord Leonard Gray the Lord Dacers of the South the Lord Cromwel and six or seven Abbots Knights also in great number as five in one day with the Lords Hussey and Darcy and five in another day with the Earl of Kildare whose Uncles they were and besides them Sir Thomas Moor Sir Rice Griffith Sir Edward Nevel Sir John Nevel Sir Nicholas Carew Sir Adrian Fortescue and divers other Knights of great Account and then Gentlemen almost without end And all these within the space of 20 years of his Reign and in the time of peace and if we look upon but four or five years together of the Reign of this mans
to live among us with Forces either present or so near as that without resistance he may call them when he listeth and of this he needeth no more proof say these men than the Examples before alledged of the Danes and Normans and the Misery and Calamity which for many years the English passed under them and furthermore the reason hereof is evident say these men for first in this third kind of admitting a stranger King we are deprived by his dwelling amongst us of those Utilities before mentioned which Ireland Flanders Britany Naples and other States enjoy by living far off from their Princes which Commodities are much more Liberty and Freedom less Payments less Punishments more Employments of the Nobility and others in Government and the like And secondly by his coming Armed unto us we cannot expect those Commodities which before I touched in the second kind of Foreign Government but rather all the Incommodities and Inconveniences that are to be found either in domestical or foreign Governments all I say do fall upon this third manner of admitting a Stranger as easily shall be seen For first of all the greatest Incommodities that can be feared of a domestical Prince are pride cruelty partiality pursuing of Factions and particular hatred extraordinary advancing of his own kindred pressing pinching and over-rigorous punishing of his People without fear for that he is ever sure of his party to stand with him within the Realm and so hath the less respect to others and for that all these inconveniences and other such like do grow for the most part by the Princes continual presence among his Subjects they are incident also to this other though he be a stranger for that he is also to be present and to live among us and so much the more easily he may fall into them than a domestick Prince for that he shall have both external counsil of a People that hateth us to prick him forward in the same which two motives every domestical Prince hath not Again they say that the worst and greatest Incommodities of a foreign Government that may be feared are tyranny and bringing into servitude the People over whom they govern and filling of the Realm with Strangers and dividing to them the Dignities Riches and Preferments of the same all which they say are incident also by all probability to this third-kind of foreign Government where the Prince Stranger liveth present and hath Forces at hand to work his will and this is the case say they of the King of Scots who only of any foreign Pretender seemeth may justly be feared for these and other reasons alledged before when we talked of his pretence to the Crown To conclude then these men are of opinion that of all these three manners of being under Strangers or admitting foreign Government this third kind peculiar as it were to the King of Scots Case is to be only feared and none else for as for the second they say that it is not only not to be feared or abhorred but rather much to be desired for that of all other sorts it hath the least inconveniences and most Commoditiâ—s for which causes we read and see that where Kings go by Election commonly they take Strangers as the Romans and Lacedomonians did often at the beginning and after the beginning of the Roman Monarchy their foreign born Emperours were the best and most famous of all the rest as Trajan and Adrian that were Spaniards Septimius Severus born in Africa â—onstantine the Great Natural of England and the like and the very worst that ever they had as Caligula Nero Heliogabolus Commodus and such other like Plagues of the Weal publick were Romans and in our days and within a few years we have seen that the Polonians have chosen three Kings Strangers one after another the First Stephen Battorius Prince of Transilvania the Second Henry of France and last of all the Prince of Swecia that yet liveth and the State of Venetians by way of good Policy have made it for a perpetual Law that when they have War to make and must needs chuse a General Captain and commit their Forces into his Hands he must be a stranger to wit some Prince of Italy that is out of their own States hereby to avoid partiality and to have him the more indifferent and equal to them all which yet so many prudent men would never agree upon if there were not great reason of Commodities therein so as this point is concluded that such as speak against this second kind of having a foreign Prince speak of passion or inconsideration or lack of experience in matters of State and Commonwealths As for the first manner of being under foreign Government as a Member or Province of another bigger Kingdom and to be governed by a Deputy Viceroy or strange Governour as Ireland Flandâ—rs Naples and other States before-mentioned be with certain and stable Conditions of Liberties and Immunities and by a form of Government agreed upon on both sides these men do most confess also that there may be Arguments Reasons and Probabilities alledged on both sides and for both parties but yet that all things considered and the inconveniences hurts and dangers before rehearsed that Subjects do suffer also oftentimes at the hands of their own natural Prince these men are of opinion for the causes already declared that the Profits are more and far greater than the damages or dangers of this kind of foreign Government are and so they do answer to all the Reasons and Arguments alledged in the beginning of this Chapter against foreign Government that either they are to be understood and verified only of the third kind of foreign Government before-declared which these men do confess to be dangerous or else they are founded for the most part in the errour and prejudice only of the vulgar sort of men who being once stirred up by the name of Stranger do consider no further what reason or not reason there is in the matter and this say these men ought to move these men little for as the common people did rise in tumult against the French for example in Sicilia and against the Danes in England so upon other occasions would they do also against their own Countreymen and oftentimes have so done both in England and other where when they have been offended or when seditious Heads have offered themselves to lead them to like Tumults so that of this they say little argument can be made The like in effect they do answer to the Examples before alledged of the Grecian Philosophers and Orators that were so earnest against Strangers And First to Aristotle they say that in his Politicks he never handled expressly this our Question and consequently weighed not the Reasons on both sides and so left it neither decided nor impugned and he that was Master to Alexander that had so many foreign Countries under him could not well condemn the
of these that followed David's Retinue pursued by Sâ—ul and his Forces which is to â—ay that all that be â—ffended grieved or any way discontented with the present time be they of what Religion soever do easily joyn with these men according to the old saying Sâ—latium est miseris socios habere miseriae besides that there is ever lightly a certain natural compassiâ—n that followeth in men towards those that are thought to suffer or be pursued and this oftentimes in the very enemy himself and then of compassion springeth as you know affection and of affection desire to help as contrariwise do rise commonly the contrary effects to wit emulation envy and indignation against the prosperity of him that pursueth and is in prosperity And for that in so great and populous a Realm and large a Government as this of Her Majesty hath been there cannot want to be many of these kind of discontented men as also for that naturally many are desirous of Changes it cannot be supposed but that the number of this sort is great which maketh this Party far the bigger Moreover it is Noted that the much dealing with these men or rather against them and this especially in matters of their Religion for these latter Years paâ—â— hath much starred them up as also the like is to be noted in the Puritan and made them â—ar more â—â—ger in defence of their Cause according to to the saying Nitimur in vetitum semper and as a little brook or river though it be but shallow and run never so quiet of it self yet if many barres and stops be made therein it swelleth and riseth to a greater force even so it seemeth that it hath happened here where also the sight and remembrance of so many of their Seminary Priests put to death for their Religion as they account it hath wrought great impression in their hearts as also the notice they have received of so many Colledges and English Seminaries remaining yet and set up of new both in Flanders France Italy and Spain for making of other Priests in place of the Executed doth greatly animate them and holdeth them in hope of continuing still their Cause and this at home As for abroad it is easie to consider what their Party and Confidence is or may be not only by the English that live in exile and have their Friends and Kindred at home but also principally by the affection of foreign Princes and States to favour their Religion whose Ports Towns and Provinces lie near upon England round about and for such a time and purpose could not want commodity to give succour which being weighed together with the known inclination that way of Ireland and the late Declaration made by so many of the Scotish Nobility and Gentlemen also to favour that Cause all these Points I say put together must needs perswade us that this Body is also great and strong and like to bear no small sway in the deciding of this controversie for the Crown when the time shall offer it self for the same And so much the more for that it is not yet known that these are determined upon any Person whom they will follow in that action nor as it seemeth are they much inclined to any one of the Pretenders in particular wherein it is thought that the other two Parties either are or may be divided among themselves and each part also within it self for that so different persons of those Religions do stand for it but rather it is thought that these other of the Roman Religion do remain very indifferent to follow any one that shall be set up for their Religion and is likest to restore and maintain the same be he Stranger or Domestical which determination and union in general among if they hold it still and persevere therein must needs be a great strength unto their Cause and give them great sway wheresoever they shall bend at that day as by reason is evident And so much of this matter It remaineth then that after these Considerations of the three Bodies in general we pass to view of each Family House and Person pretendent in particular and therein to contemplate what may be for him and what against him in this pretence and pursuit of the Crown And to begin first of all with the King of Scotland as with him who in vulgar opinion of many men is thought to be first and foremost in this action by way of Succession albeit others do deny the same and do make it very doubtful as before hath been declared yet if we do consider not his Title for of that we have spoken sufficiently before in the 5 th Chapter but other circumstances only of his Person State Condition and the like of which points only we are to treat in this place then must we confess that as on the one side there are divers points that may further him and invite men to favour his cause so wants there not other to hinder the same The points that may invite are his Youth his being a King his moderate nature in that he hath shed little blood hitherto his affection in Religion to such as like thereof and the like but on the other side the reasons of State before laid against him do seem to be of very great force and to weigh much with English-men especially those of his Alliance with the Danes and dependance of the Scotish Nation And as for his Religion it must needs displease two Parties of three before mentioned and his manner of Government therein perhaps all three As for Arabella in that she is a young Lady she is thereby fit as you know to procure good wills and affections and in that she is unmarried she may perhaps by her Marriage join some other Title with her own and thereby also Friends But of her self she is nothing at all allied with the Nobility of England and except it be the Earl of Shrewsbury in respect of Friendship to his old Mother in Law that is Grand Mother to the Lady I see not what Noble man in England hath any band of Kindred or Alliance to follow her And as for her Title it seemeth as doubtful as the rest if not more as by that which hath been said before hath appeared And for her Religion I know it not but probably it can be no great Motive either against her or for her for that by all likelyhood it may be supposed to be as tender green and flexible yet as is her age and sex and to be wrought hereafter and settled according to future events and times In the House of Suffolk the Lord Beacham and the Earl of Darby have the difference of Titles that before hath been seen and each one his particular reasons why he ought to be preferred before the other and for their other Abilities and Possibilities they are also different but yet in one thing both Lords seem to be like that being