immediatly ther followeth mentiō yet may it seeme also to be taken and verified of kingly authority in respect of al other gouerments seing that at this tyme when the Apostle wrote this epistle the chiefe gouernour of the world vvas not called king but emperour and therfore seing in such a tyme S. Peter affirmeth the state of kingly gouerment to be most excellent it may seme he meant it absolutly signifying therby that this is the best kind of gouerment among al others though to confesse the truth betwene the title of king and Emperor ther is litle or no difference in substance but only in name for that the authority is equal euery king is an Emperor in his owne kingdome And finally the excellency of this gouerment aboue al other is not only proued by the perfection therof in it selfe as for that it is most ancient simple and conforme vnto nature most resembling the gouerment of God himselfe as hath bin said but by the effects also and vtility that it bringeth vnto the subiects with farr lesse inconueniences then any other forme of gouerment what-soeuer if vve compare them together for in the monarchy of one king ther is more vnity agreement and conformity and therby also celerity commonly in dispaching of busines and in defending the cōmon vvealth then vvher many heades be lesse passions also in one man then in many as for example in Democratia vvher the common people do beare the cheife sway which is bellua multorum capitum as Cicero wisely said that is a beast of many heades ther is nothing but sedition trouble tumults outrages and iniustices committed vppon euery litle occasion especially vvher crafty and conning men may be admitted to incense or assuage them with sugred vvords such as were the Orators in Athens and other cyties of Greece that had this gouermēr and the Tribunes of the people of Rome and other such populer and plausible men vvho could moue the vvaues rayse vp the windes and inkindle the fier of the vulgar peoples affections passions or furies at their pleasure by which vve see that of al other common vvealthes these of populer gouerment haue soonest come to ruine vvhich might be shevved not only by old examples of Greec Asia and Africa but also of many cyties in Italy as Florence Bolonia Siena Pisa Arezzo Spoleto Perugia Padua and others vvhich vppon the fall or diminution of the Roman Empire vnder which they vvere before tooke vnto themselues populer gouerments vvherin they vvere so tossed vvith continual sedition mutines and bāding of factions as they could neuer haue ende therof vntil after infinite murthers massacres and inundatiō of blood they came in the ende to be vnder the monarchy of some one Prince or other as at this day they remayne so that of al other gouerments this is the vvorst The second forme which is called Oligarchia or Aristocratia for that a few and those presumed to be the best are ioyned together in authority as it doth participate some thinge of both the other gouermēts to wit of monarchia and Democratia or rather tempereth them both so hath it both good and euil in it but yet inclineth more to the euil for the disunion that commonly by mans infirmity malice is among thos heades for vvhich cause the states before named of Venice and Genua vvhich were wont to haue simply this gouerment of Aristocratia in that their regiment was by certaine chose senators were inforced in the end to chuse Dukes also as heades of their senates for auoyding of dissention and so they haue them at this day though their authority be but smale as hath bin said We see also by the examples of Carthage Rome wher gouerment of Aristocratia tooke place that the diuision and factions among the senators of Carthage was the cause why ayde and succor was not sent to Hanibal their Captaine in Italy after his so great and important victory at Cannas which was the very cause of the sauing of the Roman Empire and the losse of their owne As also afterwardes the emulations discord and disunion of the Roman senators among themselues in the affaires and contentions of Marius and Silla and of Pompey and Cesar was the occasion of al their destruction of their common vvealth with them Euident then it is that of al other gouerments the monarchy is the best least subiect to the inconueuiences that other gouerments haue and if the prince that gouerneth alone hath supreme authority to himselfe as he resembleth God in this poynte of sole gouermēt so could he resemble him also in wise discret and iust gouerment and in ruling without passion no doubt but that nothing more excellent in the world could be desired for the prefect filicity of his subiects but for that a king or Prince is a man as others be and therby not only subiect to errors in iudgment but also to passionat affections in his wil for this cause it was necessary that the common vvealth as it gaue him this great power ouer them so it should assigne him also the best helpes that might be for directing and rectifying both his wil and iudgment and make him therin as like in gouerment to God whom he representeth as mans fraylty can reach vnto For this consideration they assigned to him first ofal the assistance and direction of law wherby to gouerne which law Aristotle saith Est mens quaedam nullo perturbata affectu it is a certayne mynde disquieted with no disordinate affection as mens myndes commonly be for that when a law is made for the most part it is made vppon dew consideration and deliberation and without perturbation of euil affections as anger enuy hatred rashnes or the like passions and it is referred to some good end and commodity of the common vvealth which law being once made remayneth so stil without alteration or partial affectiō being indifferent to al and partial to none but telleth one tale to euery man in this it resembleth the perfection as it were of God himselfe for the which cause the said philosopher in the same place addeth a notable wise sayng to wit that he which ioyneth a law to gouerne with the Prince ioyneth God to the Prince but he that ioyneth to the Prince his affection to gouerne ioyneth a beast for that mens affections and concupiscenses are common also to beastes so that a Prince ruling by law is more then a man or a man deifyed and a Prince ruling by affections is lesse then a man or a man brutified In an other place also the same philpsopher sayeth that a Prince that leaueth law and ruleth himselfe others by his owne appetite and affections of al creatures is the worst and of al beasts is the most furious and dangerous for that nothing is so outragious as iniustice armed and no armor is so strong as witt and authority
doubt approueth vvhat the realme determineth in this poynt for otherwise nothing could be certaine for that of thes changes doth depend al that hath succeeded sythens In like manner is it euident that as the common wealth hath this authority to chuse and change her gouerment so hath she also to limite the same vvith vvhat lavves and conditions she pleaseth wherof ensueth the great diuersity of authority and power vvhich ech one of the former gouerments hath as for example the Consuls of Rome vvere but for one yeare other officers and Magestrates vvere for more or lesse tyme as their commō wealth did alott them The Dukes of Venice at this day are for their liues except in certayne cases wherin they may be deposed thos of Genua only for two years and their power as I haue said is very smal and much limited and their heyres haue no clayme or pretence at al after them to that dignity as the children and next of kinne of other Dukes of Italy haue though in different sort also for that the Dukedomes of Ferara Vrbin and Parma are limited only to heyres male and for defect therof to returne to the pope or Sea of Rome Florence and Mantua for like defects are to returne to the empire and do not passe to the heyrs femal or to the next of kynne as Sauoy and some others do Aud now if we respect God and nature as wel might al thes gouerments follow one law as so different for that neyther God not nature prescribeth any of thes particuler formes but concurreth with any that the cōmon wealth it selfe appoynteth and so it is to be beleued that God and nature concurred as vvel with Italy when it had but one Prince as now when it hath so many and the like with Germany and the like also with Swizerlād which once was one common vvealth only vnder the dukes and Marqueses of Austria and now are deuided into thirtene Cantons or common wealthes vnder populer Magestrates of their owne as hath bin said so as when men talke of a natural Prince or natural successor as many tymes I haue hard the vvord vsed if it be vnderstood of one that is borne within the same Realme or countrey and so of our owne natural blood it hath some sense though he may be both good or badd and none hath bin worse or more cruel many tymes then home borne Princes but if it be ment as though any Prince had his particuler gouerment or interest to succeed by institutiō of nature it is rediculous for that nature giueth it not as hath bin declared but the particuler constitution of euery cōmon wealth with-in it selfe and so much for this first poynt which must be the ground to al the rest that I haue to say OF THE FORME OF MONARCHIES AND KINGDOMES IN PARTICVLER AND THE DIF ferent lawes wherby they are to be obteyned holden and gouerned in dyuers countries accordinge as eche common wealth hath chosen established CAP. II. AL that hitherto hath bin spoken hath appertayned to al princely and supreme gouerment in general but now for that our matter in question is concerning the succession to a kingdome good reason that we should reduce our speech vnto this forme of gouerment in particuler First of al then is to be considered that of al other formes of gouerment the monarchy of a king in it selfe appeareth to be the most excellent and perfect and so do hold not only Aristotle in his fornamed bookes of pollitiques namely in his third with this only condicion that he gouerne by lawes but Seneca also and Plutarch in his morales namely in that special treatise wher-in he discusseth an seni sit Respub tractanda whether an old man ought to take vppon him the gouerment of a common wealth or no wher he saith that regnum inter omnes respub consumatissima prima est a kingdome is the most perfect common wealth among al other the very first that is to say the most perfect for that it hath most commodities and least inconueniences in it selft of any other gouerment and it is the fitst of al other for that al people commonly made their choise at the begining of this kind of gouerment so as of al other it is most ancient for so we read that among the Sytians Medes and Persians their first gouernours were kings and when the children of Israel did aske a kynge at the hands of Samuel which vvas a thousand yeares before the comming of Christ they alleaged for one reason that al nations round about them had kings for their gouernours and at the very same tyme the chiefest cyties and common vvealths of Greece as the lacedemonians Athenians Corinthians and others wherof diuers afterwards tooke other gouerments vnto themselues for the abuses in kingly gouermet committed at that tyme vvere gouerned by kings as at large proueth Dyonisius Halicarnasseus Cornelius Tacitus Cicero others The Romans also began vvith kings as before I haue noted and the reason of this is for that as our Christian doctors do gather especially S. Hierome and S. Chrisostome this kind of gouerment resembleth most of al the gouerment of God that is but one it representeth the excellency of one sonne that lightneth al the plannets of one soule in the body that gouerneth al the powers and members therof and finally they shew it also to be most conforme vnto nature by example of the bees which do choose vnto themselues a kinge and do liue vnder a monarchy as the most excellentest of al other gouerments to which purpose also I haue hard alleaged somtymes by diuers those wordes of S. Peter Subiecti estote omni humanae creaturae propter Deum siue regi quasi precellenti siue ducibus ab eo missis c. Be you subiect of euery humane creature for Gods cause whether it be to a king as the most excellent or to Dukes sent by God for the punishment of euil men and praise of the good Out of which wordes some do note two points first that as one the one side the Apostle doth plainely teach that the magistrates authority is from God by his first institutiō in that he sayeth vve must be subiect to them for Gods cause so on the other side he calleth it a humane creature or a thing created by man for that by mans free choise this particuler forme of gouerment as al other also is appoynted in euery common wealth as before hath bin declared and that by mans election and consent the same is layd vppon some particuler man or vvoman according to the lawes of euery countrey al which maketh it rightly to be called both a humane creature and yet from God The second poynt which diuers do note out of thes wordes is that S. Peter calleth a king most excellent which thoughe it may be vnderstood in rcspect of the Dukes authority wherof
in Magistrats and for that the former is of nature the other also is of nature Al which is confitmed also by the consent vse of al nations through-out the world which general consent Cicero calleth ipsius vocem naturae the voice of nature herselfe for ther was neuer yet nation found ether of ancient tyme or now in our dayes by the discouery of the Indies or els where among vvhom men liuing together had not some kind of Magestrate or superior to gouerne them which euidently declareth that this poynt of Magestrates is also of nature and from god that created nature which poynt our ciuil law doth proue in like manner in the very begining of our digestes vvher the secōd title of the first booke is de origineiuris ciuilis omnium magestratuum of the begining of the ciuil law and of al magestrates which begining is referred to this first principle of natural instinct and Gods institution And last of al that God did concurr also expresly vvith this instinct of nature our diuines do proue by cleare testimony of holy scripture as vvhen God saith to Salomon by me kings do raigne and S. Paule to the Romans auoucheth that autbority is not but of God and therfore he which resisteth authority resisteth God Which is to be vnderstood of authority power or iutisdiction in it selfe according to the first institution as also vvhen it is lawfully laid vppō any person for otherwise when it is ether vvrongfully taken or vniustly vsed it may be resisted in diuers cases as afterwards more in particuler shal be declared for then it is not law ful authority Thes two poynts then are of nature to wit the common wealth and gouerment of the same by magistrates but vvhat kind of gouermēt ech common vvealth vvil haue whether Democratia vvhich is popular gouerment by the people it selfe as Athens Thebes and many other cyties of Greece had in old tyme as the Cantons of Swizers at this day haue or els Aristocratia vvhich is the gouerment of some certayne chosen number of the best as the Romans many yeares vvere gouerned by Consuls and senators and at this day the states of this countrey of Holland do imitate the same or els Monarchia vvhich is the regiment of one and this agayne eyther of an Emperor King Duke Earle or the like thes particuler formes of gouerment I say are not determyned by God or nature as the other two poyntes before for thē they should be al one in al nations as the other are seing God and nature are one to al as often hath bin said but thes particuler formes are left vnto euery nation and countrey to chuse that forme of gouerment which they shal like best and think most fit for the natures and conditions of their people vvhich Aristotle proueth through out al the second and fourth bookes of his politiques very largly laying dovvne diuers kinds of gouerments in his dayes as namely in Greece that of the Milesians Lacedemonians Candians and others and shevving the causes of their differences which he attributeth to the diuersity of mens natures customes educations and other such causes that made them make choise of such or such forme of gouerment And this might be proued also by infinit other examples both of tymes past and present and in al nations and countryes both christian and otherwise which haue not had only differēt fassions of gouermēts the one frō the other but euen among themselues at one tyme one forme of gouerment and an other at other tymes for the Romans first had Kings and after reiecting them for their euil gouerment they chose 〈◊〉 vvhich vvere two gouernours for euervycare vvhose authority yet they limited by a multitude of senators which vvere of their counsel and thes mens power vvas restrayned also by adding tribunes of the people and some tyme dictators and finally they came to be gouerned last of al by Emperors The like might be said of Carthage in Africa and many cityes and common wealthes of Greece which in diuers seasons and vppon diuers causes haue taken different formes of gouerment to themselues The like vve see in Europe at this day for in only Italye what different formes of gouerment haue you Naples hath a kinge for their soueraine Rome the pope and vnder him one senator in place of so many as vvere wont to be in that common vvealth Venice and Genua haue senators Dukes but litle authority haue ther Dukes Florence Farara Mantua Parma Vrbin and Sauoy haue their Dukes only without senators and there power is absolut Milan vvas once a kingdom but now a Dukedom the like is of Burgundy Lorayne Bauire Gascony and Britayne the lesser al which once had their distinct kings and now haue Dukes for their supreme gouernours The like may be said of al Germany that many yeares together had one king ouer al which now is deuided into so many Dukedomes Earldomes other like titles of supreme Princes But the contrary is of Castile Aragon Portugal Barcelona and orher kingdomes this day in Spayne which vvere first earldomes only and after Dukedomes and then kingdomes and now a gayne are al vnder one Monarchy The like is of Boeme and Polonia which vvere but Dukedomes in old tyme and now are kingdomes The like may be said of France also after the expulsion of the Romans vvhich was first a monarchy vnder Pharamond their first king and so continued for many yeares vnder Clodion Merouys Childrik and Clodouaeus ther first christened kings but after they deuided it into fower kingdomes to vvit one of Paris an other of Suessons the third of Orleans and the fourth of Metts and so it continued for diuers yeares but yet aftervvards they made it one monarchy agayne England also vvas first a monarchy vnder the Britaynes and then a prouince vnder the Romans and after that deuided into seauen kingdomes at once vnder the Saxons and novv a monarchy agayne vnder the Inglish and al this by Gods permission and approbation vvho in token therof suffred his owne peculier people also of Israel to be vnder diuers manners of gouerments in diuers tymes as first vnder Patriarques Abraham Isaac and Iacob then vnder Captaynes as Moses Iosua and the like then vnder iudges as Othoniel Aiod and Gedion then vnder high Priestes as Hely and Samuel then vnder kings as Saul Dauid and the rest then vnder captaines highe priests agayne as Zorobabelludas Machabeus his brethren vntil the gouerment vvas lastely taken from them and they brought vnder the povver of the Romans and forraine kinges appoynted by them So as of al this ther can be no doubt but that the common vvealth hath power to chuse their owne fassion of gouerment as also to change the same vppon resonable causes as we see they haue done in al tymes and countryes and God no
wherof the first he hath in that he is a man and the other in that he is a Prince For this cause then al common wealthes haue prescribed lawes vnto their Princes to gouerne therby as by a most excellent certayne immutable rule to which sense Cicero said leges sunt inuentae vt omnibus semper vna 〈◊〉 voce loquerentur lawes were inuented to the ende they should speake in one and the 〈◊〉 same sense to al men For which very reason in lyke maner thes lawes haue bin called by Philosophers a rule or square inflexible and by Aristotle in particular a mynde without passion as hath bin said but the Prophet Dauid who was also a Prince king semeth to cal it by the name of Discipline for that as discipline doth keepe al the partes of a man or of a particuler house in order so law vvel ministred keepeth al the partes of a common vvealth in good order and to sheow how seuerely God exacteth this at al Princes handes he sayth these wordes And now learne ye kinges and be instructed you that iudge the world serue God in feare and reioyse in him with trembling embrace ye discipline least he enter into wrath and so ye perish from the way of righteousnes Which wordes being vttered by a prophet and king do conteyne diuers poynts of much cōsideration for this purpose as first that kings and Prince are bound to learne law and discipline and secondly to obserue the same vvith great humility and feare of Gods wrath and thirdly that if they do not they shal perish frō the way of righteousnes as though the greatest plage of al to a Prince weare to lose the way of righteousnes law and reason in his gouerment and to giue himselfe ouer to passion and his owne vvil whereby they are suer to come to shipwrack and thus much of the first helpe The second help that common wealthes haue giuen to their kings and Princes especially in later ages hath bin cerrayne councelles and councellors with whom to consult in matters of most importance as we see the parlaments of Ingland and France the courtes in Spayne and diets in Germany vvithout which no matter of great moment can be concluded and besides this commonly euery king hath his priuy councel whom he is bound to heare and this vvas done to temper somwhat the absolute for me of a Monarchy whose danger is by reason of his sole authority to fal into tiranny as Aristotle vvisely noteth in his fourth booke of politiques shewing the incōuenience or dangers of this gouerment vvhich is the cause that vve haue few or no simple monarchies now in the world especially among Christians but al are mixt lightely with diuers pointes of the other two formes of gouerment also and namely in Ingland al three do enter more or lesse for in that ther is one king or Queene it is a monarchy in that it hath certayne councelles which must be hard it participateth of Aristocratia and in that the commonalty haue their voices and burgesses in parlament it taketh part also of Democratia or populer gouerment al which limitations of the Princes absolute authority as you see do come for the common wealth as hauing authority aboue their Princes for their restraint to the good of the realme as more at large shal be proued hereafter From like authority and for like considerations haue come the limitations of other kings and kingly povver in al tymes and countries from the beginning both touching themselues and their posterity and successors as breefly in this place I shal declare And first of al if we vvil consider the tvvo most renoumed and allowed states of al the world I meane of the Romans and Grecians vve shal finde that both of them began vvith kings but yet vvith far different lawes and restraints about their authorityes for in Rome the kings that succeded Romulus their first founder had as great and absolute authority as ours haue now a dayes but yet their children or next in blood succeded them not of necessity but new kings were chosen partly by the senate and partly by the people as Titus Liuius testifieth so as of three most excellent kings that ensewed immediatly after Romulus to wit Numa Pompilius Tullius Hostilsus Tarqninus Priscus none of them were of the blood royal nor of kyn the one to the other no nor yet Romans borne but chosen rather from among straingers for their vertue and valor and that by election of the senate and consent of the people In Greece and namely among the lacedemonians which vvas the most emynent kingdom among others at that tyme the succession of children after their fathers was more certayne but yet as Aristotle noteth ther authority power was so restrayned by certayne officers of the people named Ephori which commonly vvere fiue in number as they were not only checked and chastined by them if occasion serued but also depriued and some tymes put to death for which cause the said philosopher did iustly mislike this emynent iurisdiction of the Ephori ouer their kings but yet hereby we see vvhat authority the common wealth had in this case and what their meaning vvas in making lawes and restrayning their kings power to wit therby the more to binde them to do iustice which Cicero in his offices vttereth in tbes vvordes Iustitiae fruendae causae apud maiores 〈◊〉 I se Asia in Europe bene morati regesolint sunt constituti c. at cum ius aequabile ab vno viro 〈◊〉 non consequerentur inuentae sunt leges Good kings vvere appoynted in old tyme among our ancestors in Asia and Europe to the end therby to obteyne iustice but when men could not ob teyne equal iustice at one mans handes they inuented lawes The same reason yealdeth the same philosopher in another place not only of the first institution of kingdomes but also of the chainge therof agayne into other gouerments when thes vvere abused Omnes antiquae gentes regibus 〈◊〉 paruerunt c. That is al old nations did liue vnder kingdomes at the beginning which king of gouerment first they gaue vnto the most iust and wisest men which they could finde and also after for loue of them they gaue the same to their posterity ot next in kynne as now also it remayneth vvher kingly gouerment is in vse but other countries which liked not that forme of gouerment and haue shaken of haue done it not that they wil not be vnder any but for that they wil not be euer vnder one only Thus far Cicero and he speaketh this principally in deferice of his-owne cornmō wealth I meane the Roman which had cast of that kinde of gouerment as before hath bin said for the offence they had taken agaynst cessayne kings of thers and first of al agaynst 〈◊〉 himselfe their first founder for 〈◊〉
of the vvhole matter in manner following VVHAT ARE THE PRINCIPAL POINTS WHICH A COMMON-VVEALTH OVGHT to respect in admitting or excluding of any prince that pretendeth to succeede wherin is handlid largely also of the diuersitie of religions and other such causes CAP. IX AFTER the Ciuilian had alleaged al thes examples of succession altered or reiected by publique authoritie of common wealthes and of the allowance and approbation good successe vvhich for the most part god semeth to haue giuen vnto the same one of the company brake forth and said that this poynt appeared so euident vnto him as no doubt in the vvorld could be made therof I meane whether this thing in it selfe be lawful or no to alter sometymes the course of succession seing that al cōmon vvealthes of Christendome had donne it so often Only he said that it remayned somewhat doubful vnto him whether the causes alleaged in thes mutations and chainges before mentioned were alwayes sufficient or no for that sometymes they semed to him but weake and slender as when for example the vncle was preferred before the nephewes for that he vvas a man and the other children which cause and reason hath oftentymes byn alleaged in the former exāples both of Spaine Fraunce and Ingland as also vvhen the yonger or bastard brother is admitted the elder and legitimate excluded for that the one is a warrier the other not and other such like causes are yealded said he in the exclusions before rehearsed vvhich yet seme not some-tymes vvaighty enough for so great an affaire To this answered the Ciuilian that according to their law both ciuil and canon vvhich thing also he affirmed to be founded in great reason it is a matter most certayne that he vvho is iudge and hath to giue the sentence in the thing it selfe is also to iudge of the cause for therof is he called iudge and if he haue authority in the one good reason he should also haue power to discerne the other so as if vve graunte according to the forme proofes that the realme or common vvealth hath povver to admitt or put back the prince or pretender to the crowne then must vve also confesse that the same common vvealth hath authority to iudge of the lawfulnes of the causes and considering further that it is in ther owne affaire in a matter that hath his whole beginning continuance and substance from them alone I meane from the common wealth for that no man is king or prince by institution of nature as before hath bin declared but euery king and kings sonne hath his dignity and preheminēce aboue other men by authority only of the cōmon vvealth who can affirme the contrary said the Ciuilian but that god doth allow for a iust and sufficient cause in this behalfe the only vvil and iudgment of the weal publique it selfe supposing alwayes as in reason we may that a whole realme wil neuer agree by orderly vvay of iudgment for of this only I meane and not of any particuler faction of priuate men agaynst ther heyre appatēt to exclude or put back the next heyre in blood and succession without a reasonable cause in their sight and censure And seing that they only are to be iudges of this case as now I haue said vve are to presume that vvhat they determyne is iust and lawful for the tyme and if at one tyme they should determine one thing the contrary at an other as they did often in Ingland during the contention betwene York Lancaster and in other like occasions vvhat can a priuate man iudge otherwise but that they had different reasons and motions to leade them at different tymes and they being properly lords and owners of the vvhole busines committed vnto them it is enough for euery particuler man to subiect himselfe to that vvhich his common vvealth doth in this behalfe and to obey simply without any further inquisition except he should see that open iniustice vvere donne therin or God manifestly offended and the fealme indangered Open iniustice I cal said he when not the true common wealth but some faction of wicked mē should offer to determine this matter vvithout lawful authority of the realme committed to them and I cal manifest offence of God and danger of the realme when such a man is preferred to the crowne as is euident that he wil do vvhat lyeth in him to the preiudice of them both I meane bothe of Gods glory and the publique wealth as for example if a Turke or Moore as before I haue said or some other notorious wicked man or tyrant should be offered by succession or otherwise to gouerne among Christians in which cases euery man no doubt is bound to resist vvhat he can for that the very end and intent for which al gouermēt vvas first ordeyned is herein manifestly impugned Thus the Ciuilian discoursed and the whole company seemed to like very vvel therof for that they said his opinion appeared both prudent and pious and by this occasiō it came also presently in question vvhat vvere the true causes and principal points which ought to be chiefly regarded as wel by the commō wealth as by euery particuler man in this great action of furthering or hindering any Prince towards a crowne And they said vnto the Ciuilian that if he vvould discusse in like manner this pointe vnto them it would be a very apt and good cōclusion to al his former speach and discourses vvhich hauing bin of the authority that weale publiques haue ouer princes titles this other of the causes and considerations that ought to lead them for vse and excercise of the same authority would fal very fit and necessary for the vp short of al. Heerunto the Ciuilian answered that he wel saw the fitnes and importance of the matter and therefore that he was content to speak a word or two more therof notwithstāding that much had bin said alredy therin to witt in al those pointès which had bin disputed about the end of gouerment and why it vvas appoynted which ende said he seing it is as largely hath bin proued before to defend preserue and benifite the common wealth heer hence that is from this consideration of the weal publique are to be deduced al other considerations of most importance for discerning a good or enel prince For that whosoeuer is most likely to defend preserue and benifite most his realme and subiects he is most to be allowed and desyred as most conforme to the end for vvhich gouerment was ordeyned And on the contrary side he that is least like to do this deserueth least to be preferred and heer quoth he you see doth enter also that consideration mentioned by you before which diuers common vvealthes had in putting back oftentymes children impotēt people though otherwise next in blood from succession and pteferring more able men though further of by discent for that they were more like
which is a token that they esteemed his title of Lancaster sufficient of it selfe to beare away the crowne albeit for better ending of strife he tooke to vvife also the lady Elizabeth heyre of the howse of Yorke as hath bin said and this may be sufficient for the present in this controuersie OF FIVE PRINCIPAL HOVSES OR LINAGES THAT DOOR MAY PRETEND TO THE CROWNE of Ingland which are the houses of Scotland Suffolke Clarence Britanie and Portugal and first of al of the house of Scotland which conteyneth the pretentions of the king of Scottes and the Lady Arbella CAP. V. HAVING declared in the former chapter so much as apparteyneth vnto the general controuersie betweene the two principal houses and royal families of Lancaster and Yorke it remayneth now that I lay before you the particuler chalenges claymes and pretentions which diuers houses and families descended for the most part of those two haue among themselues for their titles to the same Al which families may be reduccd to three or fower general heades For that some do pretende by the house of Lancaster alone as those families principally that do descend of the line royal of Portngal some other do pretende by the howse of Yorke only as those that are descended of George duke of Clarence second brother to K. Edward the fourth Some agayne wil seeme to pretend from both howses ioyned together as al those that descende from king Henry the seuenth vvhich are the houses of Scotland and Suffolke albeit as before hath appeared others do deny that these families haue any true part in the house of Lancaster which pointe shal afterward be discussed more at large And fourthly others do pretend before the two houses of Yorke and Lancaster were deuided as the Infanta of Spayne duchesse of Sauoy the prince of Lorayne such others as haue descended of the house of Britanny and France of al vvhich pretences pretendors vve shal speake in order and consider vvith indifferencie vvhat is said or alleaged of euery side to and fro begining first with the house of Scotland as with that which in common opinion of vulgar men is taken to be first and neerest though others denye it for that they are descēded of the first and eldest daughter of king Henry the seuenth as before in the third chapter hath bin declared First then two persons are knowne to be of this house at this daye that may haue action clayme to the crowne of Ingland the first is Lord Iames the sixt of that name presently king of Scotland who descendeth of Margaret eldest daughter of king Henry the seuēth that vvas married by her first marriage to Iames the fourth king of Scots by him had issue Iames the fift and he agayne the lady Mary mother to this king now pretendant The second person that may pretend in this house is the lady Arbella descended of the selfe same Queene Margaret by her secōd marriage vnto Archibald Douglas earle of Anguis by vvhom she had Margaret that vvas married to Mathew Steward earle of Lenox and by him had Charles her second sonne earle of Lenox vvho by Elizabeth daughter of Syr William Candish knight in Ingland had issue this Arbella now aliue First then for the king of Scots those that do fauour his cause wherof I confesse that I haue not founde very many in Ingland do alleage that he is the first and cheefest pretendor of al others and next in succession for that he is the first person that is descended as you see of the eldest daughter of king Henry the seuenth and that in this discent ther cā no bastardy or other lawful impediment be auowed vvhy he should not succeede according to the priority of his pretention and birth And moreouer secondly they do alleage that it would be greatly for the honor and profit of Ingland for that hereby the two Realmes of Ingland and Scotland should come to be ioyned a pointe lōge sought for and much to be wished and finally such as are affected to his religion do adde that hereby true religion wil come to be more setled also and established in Ingland which they take to be a matter of no smale consequence and consideration and this in effect is that vvhich the fauourers of this prince do alleage in his behalfe But on the other side there want not many that do accompt this pretence of the king of Scots neither good nor iust nor any waye expedient for the state of Ingland and they do answere largely to al the allegations before mentioned in his behalfe And first of al as cōcerning his title by neernes of succession they make litle accompt therof both for that in it selfe they saye it may easily be ouerthrowne and proued to be of no validitie as also for that if it were neuer so good yet might it for other considerations be reiected and made frustrate as our frend the Giuil lawyer hath largely learnedly proued these dayes in our hearing To begin then to speake first of the king of Scots title by 〈◊〉 of blood these men do affirme that albeit there be not alleaged any ba stardy in his discent from K. Henry the seuēth his daughter as there is in her second marriage against the lady 〈◊〉 yet are there other reasons enough to 〈◊〉 and ouerthrow this clay me and pretention and first of al for that he is not say these men of the house of Lancaster by the lady Blanch the only true 〈◊〉 〈◊〉 as before hath in 〈◊〉 bin shewed and shal be aftervvard more largely but only by Catherin Swinford whose children being vn lawfully begotten and but of the halfe blood whether they may by that legitimation of parlament that vvas giuen them be made inheritable vnto the crowne before the lawful daughter of the whole blood shal be discussed afterward in place conuenient when we shal talke of the house of Portugal but in the meane space these men do presume that the king of Scots is but only of the house of Yorke and then affirming further that the title of the house of Lancaster is better then that of Yorke as by many argumētes the fauorers of Lācaster haue indeuored to shew in the former chapter they do inferr that this is sufficient to make voide al clayme of the king of Scots that he maye pretende by neernes of blood especially seing there wāt not at this day pretēders enough of the other house of Lācaster to clayme their right so as the howse of Yorke shal not neede to enter for fault of true heyres and this is the first argumēt which is made against the Scotish king al the rest of his linage by the fauourers and followers of the said house of Lancaster A second Argument is made against the said kings succession not by them of Lancaster but rather by those of his owne house of Yorke vvhich is founded vppon his forraine birth by
the auersion and natural alienatiōn of that people from the Inglish and their ancient inclination to ioyne with the Frēch Irish against vs maketh it yery probable that that subiection of theirs to the crowne of Ingland vvould not loug indure as by expetience we haue feene since the tyme of king Edward the first vvhen after the death of their king Alexander the third without issue they chose king Edward to be their king deliuered their townes and fortresses into his hands did sweare him fealty receaued his deputy or viceroy as Polidor at large declareth And yet al this serued afterward to no other effect but only slaughter bloodshed and infinyt losses and charges of Ingland Thirdly they saye that if the king of Scots should come to possesse the crowne of Inglād he cannot choose at least for many yeares but to stand in great ielousy of so many other competitors of the Inglish blood royal as he shal finde in Ingland against whom he must needes fortifie him selfe by those other forayne natiōs that may be presumed to be most sure vnto him though most contrary by natural inclination least tollerable in gouermēt to Inglish men as are the Scots of whom he is borne and danes vvith vvhom he is allyed and French of vvhom he is descended and of the vnciuil part ofIreland vvith vvhom one great piece of his realme hath most coniunction the authority sway of which fower nations in Ingland and ouer Inglish-men vvhat trouble it may worke euery vvise man may easely coniecture Besides that the Scots-men themselues specially those of the nobility do openly professe that they desire not this coniunction and subordination vnto Ingland which in no wise they can beare both for the auersion they haue to al Inglish gouerment ouer them as also for that their liberties are far greater as now they liue then in that case it would be suffred their king coming heerby to be of greater power to force them to the forme of Inglish subiection as no doubt but in tyme he would And seing the greatest vtility that in this case by reason and probability can be hoped for by this vnion is that the Scotish nation should come to be aduanced in Inglād and to be made of the nobility both temporal and spiritual of the priuy councel and of other lyke dignities of credit and confidence for otherwise no vnion or amitie durable can be hoped for and considering that the king both for his owne safetie as before hath bin said as also for gratitude and loue to his owne nation and allied frends must needs plant them about him in chiefe place of credit vvhich are most opposite to Inglish natures and by litle litle through occasion of emulations and of controuersies that vvil fal out daylie betwixt such diuersity of nations he must needes secretlie begin to fauour and fortifie his owne as we reade that William Conqueror did his Normannes and Canutus before him his Danes to the incredible calamity of the Inglish nation though otherwise neither of them vvas of themselues either an euil king or enimye to the Inglish blood but driuē hereunto for their owne saftie and for that it vvas impossible to stand neutral in such national contentions if al this I say fel out so then as vve know it did and our ancestors felt it to their extreme ruine what other effect can be hoped for now by this violent vnion of nations that are by nature so disunited and opposite as are the Inglish Scotish Irishe Danishe Frenche other on them depending vvhich by this meanes must needs be planted together in Ingland And if vve reade that the vvhole realme of Spayne did refuse to admitt S. Lewis king of France to be their king in Spayne to vvhom yet by law of succession it vvas euident confessed by the spaniards themselues as their chronicler Garibay writeth that the right most clearly dyd appertayne by his mother lady Blanch eldest daughter and heyre of K. Alonso the nynth and that they dyd this only for that he vvas a Frenchman and might therby bring the french to haue chiefe authority in Spayne and if for this cause they did agree together to giue the kingdome rather to Ferdinando the third that was sonne of Lady Berenguela yonger sister to the said lady Blanch and if this determination vvas thought at that tyme to be vvife and prouident though against al right of lineal succession and if vve see that it had good successe for that it indureth vnto this day what shal vve say in this case say these men vvhere the king in question is not yet a S. Lewis nor his title to Ingland so cleere as that other vvas to spayne and the auersion betwixt his nation and ours much greater then vvas that betwixt the french and Spanish thus they do reason Agayne we heard out of the discourse made by the Ciuilian before how the states of Portugal after the death of their king Don Ferdinando the first of that name vvho left one only daughter and heyre named lady Beatrix married vnto Iohn the first king of Castile to whō the succession of Portugal vvithout al controuersie did apertaine they rather determyned to chose for their king a bastard brother of the sayd Don Fernando named Iohn then to admitt the true inheretor Beatrix vvith the gouerment of the Castilians by vvhom yet they being much the richer people the Portugals might hope to reape far greater vtility then Inglish men can do by Scotland considering it is the poorer country and nation And this is that in effect which these men do answere in this behalfe noting also by the way that the Romās themselues vvith al their power could neuer bring vnion or peace betweene thease two nations of Ingland Scotlande nor hold the Scots and North-Irish in obedience of any authority residing in Ingland and so in the end they vvere enforced to cut them of to make that famous walle begun by Adrian and pursued by other Emperours to diuide them from Inglād and barre them from ioyning as al the vvorld knoweth and much lesse shal any one king liuing in Ingland now hold them al in obedience let him be of vvhat nation he vvil and this for the vtility that may be hoped by this vnion But now for the other pointe alleaged by the fauourers of Scotland about establishmēt of true religion in Ingland by entrance of this king of Scots these other mē do hold that this is the vvoorst and most dangerous pointe of al other considering vvhat the state of religion is in Scotland at this day and how different or rather opposite to that forme which in Ingland is mainteyned and vvhen the Archbishopes bishopes deanes archdeacons and other such of ecclesiastical and honorable dignities of Ingland shal consider that no such dignity or promotion is left now standing in Scotland no nor any cathedral
France and her father the king of spaine should be better able to defend and recouer his or her right to the crowne of Ingland then Eleanor his owne sister should be who vvas also in the handes of his said vncle for that he supposed that she also should be made away by him shortly after as in deede the french chronicle affirmeth that she vvas and howsoeuer this matter of duke Arthurs testament were yet certaine it is that vvhen he and his sister vvere put to death the next in kynne that could succeede them in their right to Ingland vvas this lady Blanch and her mother Queene Elenor that was sister to Arthurs father Geffrey duke of Britanie For that king Iohn their vncle was presumed by al men to be vncapable of their inheritance by his putting of them to death and child yet he had none and this is the second pointe that these men do deduce for the lady Infanta of Spayne by the title of Queence Eleanor and her daughter Blanch to whom the Infanta is next heyre A third interest also the same men do deriue to the Infanta by the actual deposition of king Iohn by the Barons and states of his Realme in the 16. yeare of his reigne and by the election and actual admission of Lewis prince of Frāce husband of the foresaid lady Blanch whom they chose with one consent and admitted and swore him fealtic and obedience in London for him and for his heyres and posteritie in the yeare 1217. and gaue him possession of the said citie and Tower of London and of many other cheefe places of the realme albeit afterwatd the most parte of the realme chainged their myndes agayne vppon the suddaine death of the said king Iohn and chose and admitted his yong sonne Henry the third a child of nync yeares old yet do the fauourers of the Infanta say that their remayneth to her as heyre vnto the said Lewis vntil this day that interest which by this election oth and admission of the realme remained vnto this prince Lewis which these men affirme to be the very like case as was that of Hugo Capetus in France who came to be king especially vppon a certayne title that one of his ancestors named Odo earle of Parris had by being once elected king of France and admitted and sworne though afterward he were deposed agayne and yong Charles surnamed the simple was admitted in his place as Henry the third was in England after the election of this Lewis But yet as the other continued euer his right and clayme vntil it was restored to Hugo Capetus one of his race so say these men may this Infanta cōtinew and renew now the demaund of this right of king Lewis her ancester for that titles and interestes to kingdomes once rightly gotten do neuer dye but remaine euer for the posterity to effectuate when they can thus much of this matter But after this againe these men do shew how that the said Infanta of Spayne doth discende also from Henry the third sonne of king Iohn by the dukes of Britanie as before in the secōd chapter hath bin declared and in the arbor and genealogie following in the end of this conference shal be seene for that king Henry besides his two sonnes Edward and Edmond which were the beginners of the two houses of Yorke and Lancaster had also a daughter named Lady Beatrix married to Iohn the second of that name duke of Britanie and by him she had Arthur the second and so lineally from him haue descended the princes of that house vntil theire vnion with the crowne of France and from thence vnto this lady Infanta of Spayne that now is who taketh herselfe for proper heyre of the said house of Britanie and heyre general of France as hath bin said By this third coniunction then of the house of Britanie with the blood royal of Ingland the frendes of the Infanta do argue in this manner that seing she discendeth of the sister of these two brothers which were the heades of the two opposite houses of Lancaster and Yorke and considering that each of these houses hath oftentymes bin attainted excluded from the succession by sondry actes of parlament and at this present are opposite and at contention among themselues why may not this right of both houses say these men by way of composition peace and comprimise at least be passed ouer to the issue of their sister vvhich resteth in the Infanta Agayne they saye that al these three branches of the lines of Inglish kings to wit by the lady Constance daughter of king William Conqueror by the lady Elenor daughter of king Henry the second and by the lady Beatrix daughter of king Henry the third it is euidēt that this lady the infanta of Spaine is of the true and ancient blood royal of Ingland and that diuers wayes she may haue clayme to the same vvhich being graunted they inferr that seing matters are so doubtful at this day about the next lawful succession and that diuers of the pretendores are excluded some for bastardie some other for religion some for vnaptnes to gouerne and some for other causes seing the common wealth hath such authoritie to dispose in this affaire as before the Ciuil lawyer hath declared why may there not consideration be had among other pretenders of this noble princesse also saie these men especially seing she is vnmarried and may therby cōmodate many matters and salue many breaches satisfie many hopes and giue contentment to many desires as the vvorld knoweth And this is in effect as much as I haue hard alleaged hitherto in fauour of the Infanta of Spayne but against this pretence others do produce diuers arguments and obiections as first of al that these her clayme 's be very old and vvorne out and are but collateral by sisters Secondly that she is a stranger and allien borne Thirdly that her religion is cōtrary to the state vnto al which obiections the fauourers aforesaid do make their answeres and to the first they say that antiquity hutteth not the goodnes of a title vvhen occasion is offred to aduāce the same especially in titles apperteyning to kingdomes which commonly are neuer presumed to dye as hath bin 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 lynes do eyther fayle or are to be excluded for other iust respects as in our case they hold that it happeneth And as for the second pointe of forraine birth they saye there hath bin sufficient answered before in treating of the house of Scotland that in rigor it is no barr by intention of any Inglish law yet whether in reasō of state politique gouerment it may be a iust impedimēt or no it shal after be handled more al large vvhen we come to treat of the house of Portugal
now it standeth and for the publique good not only of the common subiects but also of the nobility and especially and aboue others of the Inglish competitors and pretendors that cannot al speede no vvay vvere so commodious as this to avoid bloodshed to wit that some external Prince of this tyme should be admitted vppon such compositions and agreements as both the realme should remayne whith her ancient liberties and perhapps much more then now it enioyeth for such Princes commonly vppon such occasions of preferment vvould yeeld to much more in those cases then a homborne Prince vvould and the other pretenders at home also should remayne vvhith more security then they can wel hope to do vnder any Inglish competitor if he come to the crowne who shal be continually egged on by his owne kynred and by the auerhon emulation and hatred that he hath taken alredy by contention against the other opposite houses to pul them downe and to make them away and so we haue seene it by continual examples for many yeares though no occasion say these men hath euer bin offied to suspect the same so much as now if any one of the home Inglish blood be preferred before the rest and this is so much as they say to this second kinde of being vnder forrayne Princes To the third they confesse that it standeth subiect to much danger and inconuenience to admit a forayne Prince to liue among vs with forces either present or so neere as that without resistance he may call them when he listeth and of this their needeth no more proofe say these men then the examples before alleaged of the Danes and Normans and the misery and calamity which for many yearee the Inglish passed vnder them and further more the reason heerof is euident say these men for first in this third kinde of admitting a strainger king we are depriued by his dwelling amongest vs of those vtilities before mentioned which Ireland Flanders Britanie Naples and other states enioy by liuing far of from their Princes which commodities are much more libertie and freedome lesse payments lesse punishments more imployments of the nobility and others in gouerment and the like And secondly by his comming armed vnto vs we cannot expect those commodities vvhich before I touched in the second kynd of forraine gouerment but rather al the incommodities and inconueniences that are to be found either in domestical or foraine gouerments al I saye do fall vppon this third manner of admitting a stranger as easily shal be seene For first of al the greatest incommodities that can be feared of a domestical Prince are pride crueltie partiality pursuing of factions and particuler hatred extraordinary aduansing of his own kynred pressing pynching and ouer rigorous punishing of his people without feare for that he is euer sure of his partie to stand whith him within the realme and so hath he the lesse respect to others and for that al these inconueniences and other such like do grow for the most part by the Princes continual presence among his subiects they are incident also to this other though he be a strainger for that he is also to be present and to liue among vs and so much the more easely he may fall into them then a domestical Prince for that he shal haue both external coūcel of a people that hateth vs to prick him forward in it as also their external power to assist him in the same which two motiues euery domestical Prince hath not Agayne they say that the woorst greatest incommodities of a forraine gouerment that may be feared are tyranny and bringing into seruitude the people ouer whō they gouerne and filling of the realme with straingers and deuiding to them the dignities riches and preferments of the same al which they say are incident also by al probability to this third kinde of forraine gouermēt where the Prince strainger lyueth present and hath forces at hand to woorke his vvil and this is the case say they of the king of Scotts who only of any forraine pretender semeth may iustly be feared for these and other reasons alleaged before when we talked of his pretence to the crowne To conclude then these men are of opinion that of al these three manners of being vnder straingers or admitting forraine gouerments this third kynde 〈◊〉 as it vvere to the kinge of Scottes case is to be only feared and none els for as for the second they say that it is not only not to be feared or abhorred but rather much to be desyred for that of al other sortes it hath the least inconueniences and most commodities for which causes we read and see that wher kings goe by election commonly they take straingers as the Romans and Lacedemonians did often at the beginning and after the beginning of the Roman Monarchie their forraine borne Emperors were the best and most famous of al the rest as Traian and Adrian that were Spaniards Septimius Seuerus borne in Africa Constantine the great natural of Ingland and the like and the very woorst that euer they had as Caligula Nero Heliogabolus Commodus and such other like plagues of the weale publique were Romans and in our dayes and within a few yeares we haue seene that the Polonians haue chosen three kings straingers one after an other the first Stephen Battorius Prince of Transiluania the second Henry of France and last of al the Prince of Swecia that vet liueth and the state of Venetians by way of good polliei haue made it for a perpetuall Law that when they haue warr to make and must needs choose a general Captayne and commit their forces into his handes he must be a stranger to wit some Prince of Italie that is out of their owne states heerby to auoyde partiality and to haue him the more indifferent and equal to them al which yet so many prudent men vvould neuer agree vppon if there vvere not great reason of commodities therin so as this point is concluded that such as speake against this second kinde of hauing a forrayne Prince speake of passion or inconsideration or lacke of experience in matters of state and common vvealthes As for the first manner of being vnder foraine gouerment as a member or prouince of an other bigger kingdome and to be gouerned by a deputie viceroy or strange gouernour as Ireland Flanders Naples and other states before mentioned be vvith certayne and stable conditions of liberties and immunities and by a forme of gouerment agreed vppon on both sides these men do confesse also that their may be arguments reasons and probabilities alleaged on both sides and for both parties but yet that al things considered and the inconueniences hurtes and dangers before rehearsed that subiects do suffer also oftentymes at the handes of their owne natural Princes these men are of opinion for the causes alredy declared that the profittes are more and far greater then the damages or