hous of York that challenged the Crown and died in the quarrel His son was Edward the 4. The Issue of the Duke of Glocester Thomas of Woodstock had onely one childe Anne married to the Lord Stafford whose issue came after in regard of this marriage for Thomas was Earl of Buckingham too to bee Duke of Buckingham som of whose blood are yet in England The Issue of John of Gant by his first Wife John of Gant had three Wives 1 Blanch the heir of Lancaster aforesaid by whom hee had Henry 4. and Philippe married to John King of Portingal from whom are lineally descended such as at this day claim interest in that Crown and Elisabeth married to John Holland Duk of Exceter whose grand-childe Henry left onely Anne married to Sir Thomas Nevil Knight from whom the Earl of Westmerland is lineally descended By his second Wife By his second Ladie Constance daughter of Peter King of Castile hee had onely one daughter Katharine married to Henry the third King of Castile of whom the King of Spain that now is is lineally desended By his third Wife Henry 7. his Title His third Katharine Swinford daughter to a Knight of Henault and attending on his wife Blanch hee used as his Concubine in his wife Constance's time and begat of her three sons and one daughter and after married her to Swinford an English Knight who dead and his wife Constance also hee married her Anno 1396 and caused his said children by her to bee legitimated by Parlament Anno 1397. Henry 7. his Title from Lancaster His sons were 1. John Duke of Somerset 2. Thomas Duke of Excester 3. Henry Bishop and Cardinal of Winchester His daughter Jane married to the Earl of Westmerland The Issues of all these were soon spent except of John of Somerset who had two sons John and Edmund John one onely daughter Margaret married to Edmund Tidder Earl of Richmond by whom hee had Henry 7. Edmund and his three sons all died in the quarrel of the Hous of Lancaster without Issue The line of Clarence and Title of the Earl of Huntington George Duke of Clarence second brother of Edw. 4. had Issue Edw. Earl of Warwick put to death by Henry 7. and Margaret Countess of Salisbury married to Sir Richard Poole of Wales by whom hee had Henry Arthur Geoffroy and Reynald after Cardinal Henry Lo. of Montague put to death with his mother by H. 8. had Katharine married to the Earl of Huntington they the now Earl c. and Wenefred married to Sir Tho. Barrington Arthur Marie married to Sir John Stanny and Margaret to Sir Tho. Fitzherbert Geoffrey Geoffrey Poole hee Arthur and Geoffrey which yet live in Italie Henry 7. his Issue The Title of Scotland and of the Ladie Arbella Henry 7. had by the eldest daughter of Edw. 4. for of all the other three remaineth no issue besides Hen. 8. Margaret first married to the K. of Scots they James 5. who Mary mother to the now King After married to the Earl of Anguis they Margaret married to the Earl of Lenox they Henry married to the last Queen and murthered 1566. and Charles married to Elisa Ca4dish by whom the Ladie Arbella The Title of the Lord Beacham and his brother Marie the second daughter first married to Lewis 12. of France without issue then to Charles Brandon Duke of Suffolk they Francis married to Henry Gray Marquis Dorset after Duke of Suffolk beheaded by Q. Mary they Jane married to Dudley both beheaded Katharine first married to the Earl of Pembroke and left by him to the Earl of Hartfort as themselves affirmed in the Tower from whom descendeth the Lord Beacham and Edward Seymer his brother The Title of the Hous of Derbie Eleonor second daughter to Ch. Brandon and the Queen of France was married to Henry Clifford Earl of Cumberland they had issue Margaret married to Henry Earl of Derbie who had issue the last and the now Earl CAP. IV. The Controversie between the Houses of Lancaster and York The Pretence of the Hous of York BY Richard Duke of York son of Richard Earl of Cambridg aforesaid c. That considering hee had by descent joined in him the right aswell of Lionel Duke of Clarence second son to Edw. 3. as of Edward Duke of York the fourth son of Edw. 3. hee was to bee preferred before the Hous of Lancaster claiming onely from John of Gant the third son of Edward 3. Richard 2. Deposed Edward 3. in his old age for the love hee bare to the black Prince confirmed the Succession by Parlament to Richard 2. his son and caused the rest of his sons to swear thereunto Richard 2. for his misgovernment was deposed by common consent and Henry 4. chosen in his place which himself and his issue possessed about 60 years The question is Whether King Richard were rightfully deposed or no That a King may bee deposed on just causes First that a King on just causes may bee deposed is proved by Reason becaus the rule beeing given by the Common-wealth on condition of just government that much violated the condition is broken and the same Common-wealth may take the forfeiture This proved by the autoritie of all Law-makers Philosophers Divines and Governors of Common-wealths and by example of divers Depositions which God himself hath blessed with good success Proved by reasons and examples of Divinitie An ill Prince is an armed enemie with his feet set on the Realm's head whence hee cannot bee plucked but by force of Arms Object God may cut him off by sickness or otherwise and therefore wee are to attend his good pleasure Answ. God alwaies bindeth not himself to work miracles nor often with extraordinary means but hath left upon earth unto men and Common-wealths power to do justice in his Name upon offendors Examples hereof are Ehud stirr'd up by God to kill Eglon King of the Moabites by a stratageme Judg. 3. and the Philistins to kill David to persecute Saul Jeroboam to rebell against Roboam the son of Solomon 2 Reg. 11. 12. Jehu to depose Joram and Q. Jezabel his mother 4. Reg. 9. The Captains of Jerusalem at the persuasion of Jehoiada the high-Priest to conjure against Q. Athalia whom they deposed and Joash chosen in her room 4. Reg. 11. All which hee might have removed without blood-shed if hee would But hee appointed men to work his Will by these violent means to deliver that Common-wealth from oppression and for the greater terror of all bad Princes Allegations of the Lancastrians that King Richard 2. was justly Deposed Just causes of Deposing Richard 2. were Hee murthered his Uncle the Duke of Glocester without form of Law or process Hee put to death the Earl of Arundel banished Warwick Thomas Arundel Archbishop of Canterbury and Henry Duke of Hereford and Lancaster and after King whose goods and inheritance descending to the said Henry from his Father hee wrongfully seized on Hee suffered the Earl of Oxford
or three S 7. yet 't is plain it was his own Will because he commanded it to be drawn written and sealed and never revoked it Besides it is subscribed by many witnesses and inrolled in the Chancery by his own command enough to make it good against the assertion of those few who to please the time wherein they spake in Queen Maries time might say and ghess the King was past memory when his stamp was put to it Now to make good what he did two Acts of Parlaments 28 35. of his Reign gave him full authoritie to dispose of this Point of Succession as he and his learned Council should think best for the Common-wealth By a Statute made in the 27th of Elisabeth 27. Elisah a Statute was made That whosoever shall be convinced to conspire attempt or procure the Queens death or is privie or accessary to the same shall loose all right title pretence claim or action that they or their heirs have or may have to the Crown of England Now the late Queen of Scots being attainted and executed by the authoritie of the said Parlament and for breach of the said Statute 't is easie to determine what Title her Son hath claiming only by her The Uniting of Scotland with England dangerous to the English or like to be 1. Only the increase of Subjects but those rather to participate the Commodities of England than to impart any from Scotland 2. The natural hatred of that People unto us and their ancient inclination to joyn with our enemies the French and Irish against us are Arguments of great mischiefs likely to ensue by that conjunction 3. The Scot must needs hold in jealousie so many Englishmen competitors of the Blood Royal and therefore will fortifie himself against them by those Forrein Nations of whom he is discended with whom he is allyed as the Scots French Danes and uncivil Irish which will prove intolerable to the English 4. The King both for his own safety and for the love he beareth to his own Nation will advance them and plant them about him in chief Places of credit which must needs breed Emulations and Controversies between them and the English Then must he of Force secretly begin to favor and fortifie his own to the incredible calamitie of the other as Canutus did his Danes and William the Conqueror his Normans neither of them enemies to the English blood nor evil Kings but careful of their own safeties for herein it is impossible to be neutral 5. The Romans with all their Power and Policie could never unite the hearts of England and Scotland in peace nor hold the Scots and North-Irish in obedience of any authority residing in England What then are we to hope for of this King herein The Religion of Scotland unpleasing to our State His Religion is neither fit for our State wherein Archbishops c. and Officers of Cathedral Churches are of much dignitie and there suppressed nor will be pleasing to our Nobilitie to be subject to the exorbitant and popular authoritie of a few ordinary Ministers which the King himself is there content to yield unto And therefore it is likely that few will be forward to entertain that King for the reforming of Religion here that hath no better Order in his own at home For the Ladie Arabella For the Ladie Arabella is alleged her being an equal degree of Discent with the King of Scots Her being above him in all hopes for herself or benefit to the English that can be expected in an English Prince and a Prince born in England Against Her Neither she nor the Scot are properly of the House of Lancaster and the Title of Lancaster is before the Pretence of York ut suprà 2. The testament of King Henry 8. barreth her as well as the Scot 3. Her Discent is not free from Bastardie for Queen Margaret soon after the death of her first Husband married Steward Lord of Annerdale who was alive long after her marriage with Anguis and it is most certain also That Anguis had another Wife alive when he married the said Queen All this confirmed by the Lord William Howard Father to the now Admiral sent into Scotland by Henry 8. of purpose to enquire thereof who reported it to King Henry Queen Mary and divers others For this cause King Henry would have letted the marriage between Anguis and his Sister and chiefly caused him to exclude her issue 4. She is a Woman and it were perhaps a great inconvenience that three of the weak sex should succeed one the other 5. All her Kindred by her Father is meer Scotish In England she hath none but by her Mother the Candishes a mean Familie and Kindred for a Princess CAP. VI Examination of the Title of the House of Suffolk being Darby and Hartford Sect. 29. 30. The Earle of Hartford's Children illegitimate THe Children of the Earle of Hartford Discending of Ladie Frances the eldest Daughter of Charles Brandon are proved illigitimate 1. Because the Ladie Katharine Gray their Mother was lawful Wife to the Earle of Pembroke when they were born not separated from him by lawful authority or for any just cause but abandoned by him because her House was come into misery and disgrace 2. It could never be lawfully proved that the said Earle and Ladie Katharine were married but only by their own Assertions not sufficient in Law Therefore was the marriage disannulled in the Arches by publick and definitive sentence of Parker Archbishop of Canterbury not long after the Birth of the said Children 3. When the Marquess of Dorset married their Grandmother the Ladie Frances he had another lawful Wife sister to H. Fitz-allen Earle of Arundel whom he put away to obtain so great a marriage as was the Lady Frances This bred much hate between the Marquess and Earle ever after but the Marquess favor with K. Henry deprived the other of all remedy And therefore may their Mother the Lady Katharine seem illegitimate too Bastardie in the issue of Charles Brandon Charles Brandon had a wife alive when he married the Queen of France by which wife he had issue the Ladie Powyse wife of the Lord Powyse and this wife of his lived some time after his marriage with the Queen Darby's Evasion This Wife say the Friends of Darby died before the birth of the Lady Eleonor the yonger daughter their ancestor though after the Birth of the Lady Francis Hartford's ancestor Hartford's Confutation of the first Bastardie To the first Bastardy of Hartford their Friends affirm That the Contract between the Lady Katharine and the Earl of Pembrook was dissolved lawfully and judicially in the time of Queen Mary Hartford's evasion of the second Bastardie in the behalf of his Second born Edward Seymore The Lady Katharine being found with Child affirmed the Earle of Hartford to be the Father Hereupon he being sent for out of France where he was with Sir N. Throgmorton and had got leave to
Country to chuse either Democratia Aristocratia or Monarchia according as they shall like best for if they were determined by God or Nature they should be all one in all Nations which they are not seeing we see that every Nation almost hath her particular Form or manner of Government And the cause of these Differences Aristotle attributeth to the diversity of men's Natures Customs Educations and other such causes that make them make choice of such or such Forms of Government Diversitie of Government in divers Countries and Times And this Difference of Government is not in divers Countries only but also at divers times in one and the same Countrie For the Romans first had Kings after rejecting them for their evil Government they chose Consuls annual whose Authoritie was limited by a multitude of Senators and these mens Power by the Tribunes of the People and somtime Dictators and finally they came to be Governed by Emperors The like may be said of many Common-wealths both of Asia and Greece and at this day of Europe In Italie now divided into so many Common-wealths every one of them almost keepeth a different Form of Government Millan as also Burgundie Lorayne Bavire Gasconie and Brittanie the lesser were once distinct Kingdoms now Dukedoms Whole Germanie many yeers together a Kingdom now is divided into so many Dukedoms Earldoms and other Titles of Supreme Princes Castile Arragon Portugal Barcelona which were first Earldoms only and after Dukedoms and then Kingdoms are now all united under one Monarch Boëme and Polonia Dukedoms once now Kingdoms France first a Monarchie under Pharamond Clodion Merouye Childerick and Clodovaeus was after divided into Four Kingdoms to wit one of Paris another of Soissons the third of Orleans and the fourth of Metz and afterwards made one Monarchie again England first a Monarchie under the Britaines and then a Province under the Romans and after divided into Seven Kingdoms at once under the Saxons and now a Monarchie again under the English The People of Israël also were under divers manners of Government in divers times first under Patriarchs Abraham Isaac and Jacob then under Captains as Moses Josue c. then under Judges as Othoniel Acod Gedeon c. then under High Priests as Hely and Samuel then under Kings as Saul David c. then under Captains and High Priests again as Zorobabel Judas c. until they were brought under the power of the Romans So as there can be no doubt but that the Common-wealth hath power to chuse their own fashion of Government as also to change it upon reasonable causes and God no doubt doth approve it The Common-wealth limiteth the Governors Authoritie And as the Common-wealth hath this Authoritie to chuse and change her Government so hath she also to limit the same with Laws and Conditions Therefore the Consuls of Rome were but for one year other Officers and Magistrates for more as their Common-wealth did allot them The Dukes of Venice at this day are for their Lives those of Genoa for two years The Dukedoms of Ferrata Urbin and Parma are limited only to Heirs Male for defect therof to return to the Sea of Rome as Florence and Mantua for like defects to the Empire How a Natural Prince is to be understood When men talk of a Natural Prince and Natural Successor if it be understood of one that is born within the same Realm or Countrie and so of our own natural blood it hath some sence but if it be meant as though any Prince had his particular Government or Interest to Succeed by Institution of Nature it is ridiculous for that Nature giveth it not as hath been declared but the particular Constitution of every Common-wealth Of the Form of Monarchies and Kingdoms in particular and the different Laws whereby they are to be Obtained Holden and Governed in divers Countries CAP. II. A Monarchie the best Government ARistotle Seneca and Plutarch do hold a Kingdom to be the most perfect Common-wealth among all other and the very first His Antiquity Of all other it is the most ancient for we read that among the Syrians Medes and Persians their first Governors were Kings And when the Children of Israël did ask a King at the hands of Samuel 1000. years before the coming of Christ they alleged for one Reason That all Nations round about them had Kings for their Governors and at the very same time the chiefest Cities and Common-wealths of Greece as the Lacedemonians Athenians Corinthians and others were governed by Kings The Romans also began with Kings It resembleth the Government of God and Nature This kind of Government as do gather S. Hierom and S. Chrysostom resembleth most of all the Government of God that is but one representeth the excellencie of one Son of one Soul in the Bodie it is also most conformable unto Nature by example of the Bees which do chuse unto themselves a King and do live under a Monarchie St. Peter's Authoritie Subjecti estote omni humanae Creaturae propter Deum sive Regi quasi precellenti sive Ducibus ab eo missis c. saith S. Peter where he seemeth to signifie that a King's Government is the best among all others seeing at this time when he wrote this Epistle the chief Governor of the world was not called King but Emperor though indeed between the title of King and Emperor there is little or no difference in substance but only in name Utilities of a Kingdom This Government not only in it self but also by his Effects and Utilitie is the most excellent For in the Monarchie of one King there is more Unitie Agreement and Conformity and thereby also Celerity commonly in dispatching of business and in defending the Common-wealth than where many Heads be less Passions also in one man than in many Inconvenieneies of other Governments as of DEMOCRATIA In Democratia especially where Cunning men are admitted such as were the Orators in Athens and the Tribunes in Rome who could move the Waves raise up the Winds and kindle the Fire of the vulgar peoples Affections Passions and Furies at their pleasure there is nothing but Sedition Trouble Tumults Outrages and Injustice committed upon every little occasion By which we see that of all Common-wealths these of Popular Government have soonest come to ruine as do witness not only the old examples of Greece Asia and Africa but also many Cities in Italie who upon the Fall of the Roman Empire took up unto themselves Popular Governments wherein they could never rest until they came under the Monarchie of one Prince or other as at this day they do remain Of ARISTOCRATIA For Aristocratia as it doth participate of Monarchia and Democratia or rather tempereth them both so hath it both good and evil in it but yet inclineth more to the evil for the dis-union that commonly by mans infirmitie and malice is among those
heads For which cause the States of Venice and Genoa which were wont to have simply this Government of Aristocratia were inforced in the end to chuse Dukes The Division and Factions among the Senators of Carthage was the cause why Aid was not sent to Hannibal their Captain in Italie after his so great and important Victorie at Canna which was the very cause of the saving of the Romane Empire and the loss of their own As also afterwards the Emulations and Discord of the Romane Senators in the Affairs and Contentions of Marius and Sylla and of Pompey and Caesar was the occasion of all their Destruction and of their Common-wealth with them Why Helps are given to Kings Therefore it appeareth that of all other Governments Monarchie is the best But for that a King is a Man as others be and thereby not only subject to Errors in Judgment but also to passionate Affections in his Will It was necessarie That the Common-wealth should assign him the best Helps that might be for Directing and Rectifying both his Will and Judgment Lawes the first Help why given The first Help is the Law which Aristotle saith Est mens quaedam nullo perturbata affectu and in the same place addeth 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 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 Brutified In another place also the same Philosopher saith That a Prince that Ruleth hemself 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 Armor is so strong as Wit and Authority Councils the second Help why given The Monarchie of ENGLAND tempered The second Help that Common-wealths do assign to their Kings and Princes be certain Councils as we see the Parlament of England and France the Courts in Spain and Diets in Germanie without which no matter of great Moment can be concluded And besides this commonly every King hath his Privie Council whom he is bound to hear and this was done to temper somwhat the absolute Form of a Monarchie whose danger is by reason of his sole Authoritie to fall into Tyrannie as Aristotle noteth In the Monarchie of England all the Three Forms of Government do enter more or less In that there is one King or Queen it is a Monarchie In that it hath certain Councils which must be heard it participateth of Aristocratia And in that the Commonaltie have their Voices and Burgesses in Parlament it taketh part also of Democratia All which limitations come from the Common-wealth as having Authoritie above their Princes for the good of the Realm Restraint of Kings among the Romans Why Kinglie Government left in Rome This Restraint hath been in all Times and Countries as for example The Romans that began with Kings gave their Kings as great and absolute Authoritie as ours have now adaies but yet their next in Blood Succeeded them not of necessitie but new Kings were Chosen partlie by the Senate and partlie by the People So as of Three * most excellent Kings that ensued immediatelie after Romulus none were of the Blood nor yet Romans born but rather Strangers Chosen for their Virtue and Valor So for the neglecting of their Laws the Senators slew Romulus their first King and cut him in pieces and for the same reason expelled Tarquinius Superbus their last and all his Posteritie and with them the Name and Government of Kings which was changed in the Regiment of Consuls Restraint of Kings among the Grecians In Greece and namely among the Lacedemonians their Kings Authoritie was so restrained by certain Officers of the People called Ephori which commonly were five in number as they were not only chastened by them but also Deprived and somtimes put to death Restraint of Kings in Christendom In Germanie The Emperor can neither make War nor exact any Contribution of men or Money thereunto but by the free leave and Consent of all the States of the Germane Dyet or Parlament And for his Children or next in Kinn they have no action interest or pretence to Succeed but only by free Election if they shall be thought worthie Nay one of the chiefest Points that the Emperor must Swear at his entrance is this That he shall never go about to make the Dignitie of the Emperor Peculiar or Hereditarie to his Familie but leave it unto the Seven Electors free in their power to Chuse his Successor according to the Law made by the Pope Gregory the Fift and the Emperor Charles the Fourth in this behalf In Polonia and Bohemia The Kings of Polonia and Bohemia can neither do any thing of great Moment without the consent of certain principal men called Palatines or Castellans neither may their Children of next Blood Succeed except they be Chosen as in the Empire In Spain France and England In Spain France and England the Privileges of Kings are far more eminent both in the Power and Succession for their Authoritie is much more absolute and their next in Blood do ordinarily Succeed for as touching Authoritie it seemeth that the Kings of France and Spain have greater than the King of England for that everie Ordination of these Two Kings is Law in it self without further Approbation of the Common-wealth which holdeth not in England where no general Law can be made without Consent of Parlament But in the other Point of Succession the restraint is far greater in those other Two Countries than in England For in Spain the next in Blood cannot Succeed be he never so lawfully Discended but by a new Approbation of the Nobilitie Bishops and States of the Realm as it is expresly set down in the Two ancient Councils of Toledo the Fourth and Fifth Nor can the King of Spain's own Son at this day be called Prince except he be first Sworn by the said Nobilitie and Estates as we have seen it practiced in the King Philip's Children In France Women neither any of their Issue though Male are admitted to Succeed in the Crown And therefore was Edward 3d. of England though Son and Heir unto a Daughter of France which was left by her Three Brethren Sole Heir to King Phillip * the fair her Father put by the Crown As also was the King of Navar at the same time Son and Heir unto this Womans eldest Brothers Daughter named Lewis Huttin notwithstanding all their allegations And Philip de Valois a Brothers Son of Philip the fair's preferred to it by General Decree of the States of France and by Verdict of the whole Parlament of Paris And albeit the Law Salica
either for Valor Prowess length of Reign acts of Chivalrie or the multitude of famous Princes his Children left behind him was one of the noblest Kings that ever England had RICHARD 2d Richard the 2d Son to the black Prince of Wales for having suffered himself to be misled by evil Counsellers to the great hurt and disquietness of the Realm was deposed also after 22. years reign by a Parliament holden at London the year 1399. and condemned to perpetual Prison in the Castle of Pomfret where he was soon after put to death and in his place was by free Election chosen the noble Knight Henry * Duke of Lancaster who proved afterwards so notable a King as the world knoweth HENRY 6th Henry 6th after almost 40. years reign was deposed imprisoned and put to death also together with his Son the Prince of Wales by Edward 4th of the House of York And this was confirmed by the * Commons and afterwards also by publick Act of Parliament because the said Henry did suffer himself to be over-ruled by the Queen his Wife and had broken the Articles of Agreement made by the Parlament between him and the Duke of York and solemnly sworn on both sides the 8th of Octob. 1459. though otherwise for his particular life he were a good man and King Edward 4th was put in place who was one of the renownedest for Martial Acts and Justice that hath worn the English Crown RICHARD 3d. This man having left two Sons his Brother Richard Duke of Glocester put them to death and being the next Heir Male was authorised in the Crown but Deposed again afterwards by the Common-wealth which called out of France Henry Earle of Richmond who took from him both life and Kingdom in the Field and was King himself by the name of Henry 7. And no man I suppose will say but that he was lawfully King also which yet cannot be except the other might lawfully be deposed If the said Deprivations were unjust the now Pretences are unlawful Moreover is to be noted in all these Mutations what good hath succeeded therein to the Common-wealth which was unjust and is void at this day if the Changes and Deprivations of the former Princes could not be made and consequently none of these that do pretend the Crown of England at this day can have any Title at all for that from those men they discend who were put in place of the deprived If Kings established may be Deprived much sooner Pretenders And if this might be so in Kings lawfully set in Possession then much more hath the said Common-wealth power and authoritie to alter the succession of such as do pretend Dignitie if there be due reason and causes to the same Wherein consisteth principally the lawfulness of Proceedings against Princes which in the former Chapter is mentioned What interest Princes have in their Subjects Goods or Lives How Oaths do Binde or may be Broken by Subjests towards Princes And finally the difference between a good King and a Tyrant CAP. IV. 1. Objection against the Assertions in the last Chapter BUt although by Nature the Common-wealth hath authoritie over the Prince to chuse and appoint him at the beginning yet having once made him and given up all their authoritie unto him he is no more subject to their correction but remaineth absolute of himself As every particular man hath authorised to make his Master or Prince of his inferior but not afterwards to put him down again howsoever he beareth himself towards him 2. Objection When the Children of Israël being under the Government of the High Priest demanded a King of Samuel he protesting unto them Well quoth he you will have a King hearken then to this that I will say Hoc erit jus Regis qui imperaturus est vobis He shall take away from you your Children both Sons and Daughters your Fields and Vineyards c. and shall give them to his servants and you shall cry unto God in that day from the face of this your King and God shall not hear you for that you have demanded a King to Govern over you Assertions of Bellay Yea Bellay and some other that wrote in flatterie of Princes in these our days do not only affirm That Princes are lawless and subject to no accompt or correction whatsoever they do But also That all goods chattels possessions and whatsoever else commodities temporal of the Common wealth are properly the Kings and that their Subjects have only the use thereof so as when the King will he may take it from them by right Answer to Bellay his First Assertion But for the first That Kings are subject to no Law Is against the very Institution of a Common-wealth which is to live together in Justice and Order for if it holdeth so insteed of Kings and Governors to defend us we may set up publick murtherers ravishers theeves and spoylers to devour us Then were all those Kings before mentioned both of the Jewes Gentiles and Christians unlawfully deprived and their Successors unlawfully put up in their places and consequentlie all Princes living at this day are intruders and no lawful Princes Answer to Bellay his Second Assertion Of the second saying also That all temporalities are properly the Princes and that Subjects have only the use thereof no less absurdities do follow First it is against the very first principle and foundation of the Civil Law which at the first entrance maketh this division of Goods That some are common by Nature to all men as the Aër the Sea c. Others are publick to all of one Citie or Countrie but yet not common to all in general as Rivers Ports c. Some are of the Communitie of a Citie or Common-wealth but yet not common to every particular person of that Citie as common Rents Theaters the publick hous and the like Some are of none nor properly of any man's Goods as Churches and Sacred things And some are proper to particular men as those which every man possesseth of his own Besides it overthroweth the whole nature of a Common-wealth maketh all Subject to be but very slaves for that slaves and bondmen in this do differ from freemen that slaves have only the use of things without property or interest and cannot acquire or get to themselves any dominion or true right in any thing but it accreweth all to their Master Lastly If all Goods be properly the King's why was Achab and Jezabel so reprehended and punished by God for taking away Naboth's vineyard Why do the Kings of England France and Spain ask Money of their Subjects in Parlament and that termed by the names of Subsidies Helps Benevolences Loans Prests Contributions c How have the Parlament oftentimes denied them the same Why are there Judges appointed for matter of Suits and Pleas between the Prince and the People Why doth the Canon Law inhibit all
this Reign drew all England into factions and divisions the States in a Parlament at Wallingford made an agreement that Stephen should bee lawful during his life onely and that Henry and his off spring should succeed him and Prince William King Stephen's son was deprived and made onely Earl of Norfolke King John to the prejudice of his Nephew Arthur This Henry 2 left Richard Jeffrey and John Richard sirnamed Coeur de Lyon succeeded him and dying without issue * John was admitted by the States and Arthur Duke of Britaine son and heir to Jeffrey * excluded who coming afterward to get the Crown by war was taken by his Uncle John who murthered him in prison Louys Prince of France to the prejudice of King John and King John's son afterward to the prejudice again of Louys But som years after the Barons and States of England misliking the government of this King John rejected him again and chose Louys the Prince of France to bee their King and did swear fealtie to him in London depriving also the young Prince Henry John's son of 8 years old but upon the death of King John that ensued shortly after they recalled again that sentence disannulled the Oath and Allegiance made unto Louys Prince of France and admitted this Henry * to the Crown who reigned 53 years The Princes of York and Lancaster had their best Titles of the autoritie of the Common-wealth From this Henry 3. take their first begining the two branches of York and Lancaster In whose contentions the best of their titles did depend upon the autoritie of the Common-wealth For as the people were affected and the greatest part prevailed so were they confirmed or disannulled by Parlament And wee may not well affirm but that when they are in possession and confirmed therein by these Parlaments they are lawful Kings and that God concurreth with them For if wee should deny this point wee should shake the states of most Princes in the world at this day The Common-wealth may dispose of the Crown for her own good And so to conclude As propinquitie of blood is a great preheminencie towards the atteining of the Crown so doth it not ever binde the Common-wealth to yield thereunto and to shut up her eies or admit at hap-hazard or of necessitie any one that is next by succession but rather to take such an one as may perform the dutie and charge committed For that otherwise to admit him that is an enemie or unfit is but to destroy the Common-wealth and him together What are the principal points which a Common-wealth ought to respect in admitting or excluding of any Prince that pretendeth to succeed wherein is handled largely also of the diversitie of Religions and other such causes CAP. IX Seeing the Common-wealth is to know and judg of the matter no doubt but God doth allow of her judgment HEe who is to judg and give the sentence in the things is also to judg of the caus for thereof is hee called Judg So if the Common-wealth hath power to admit or put back the Prince or pretender to the Crown shee hath also autoritie to judg of the lawfulness of the causes considering specially that it is in their own affair and and in a matter that depend's wholly upon them for that no man is King or Prince by institution of Nature but only by authoritie of the Common-wealth Who can then affirm the contrary 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 alwaies that a whole Realm will never agree by orderly way of Judgement to exclude the next Heir in Blood without a reasonable Cause in the sight and censure The Pope is to obey the Determination of the Common-wealth without further inquisition except it be in Cases of injustice and Tyranny And seeing that they only are the Judges of this Case and are properly Lords and Owners of the whole business we are to presume that what they Determine is just and lawful though at one time they should Determine one thing and the contrary at another as they did often in England being led at different times by different motions and it is enough for every particular man to subject himself and obey simply their Determination without further inquisition except he should see that Open Injustice were done therein or God manifestly offended and the Realm endangered Open Injustice if not the true Common-wealth but some Faction of wicked men should offer to Determine the matter without lawful authoritie God offended and the Realm endangered where it is evident that he that is preferred will do what lieth in him to the prejudice both of God's glory and of the Common-wealth as if a Turke or some notorious wicked man and Tyrant should be offred to Govern among Christians Whence the Reasons of Admitting or Receiving a Prince are to be taken Now to know the true Causes and principal Points which ought to be chiefly regarded as well by the Common-wealth as by every particular man in the furthering or hindering any Prince we must return to the End wherefore Government was appointed which is to defend preserve and benefit the Common-wealth because from this Consideration are to be deduced all other Considerations for discerning a good or evil Prince For that whosoever is most likely to defend c. 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 this is the Consideration that divers Common-wealths had in putting back oftentimes Children and impotent People though next in blood from succession Three Chief Points to be regarded in every Prince And here shall be fitly remembred what Gerard recounteth of the King of France that in his Coronation he is new apparrelled three times in one day once as a Priest and then as a Judge and last as a King armed thereby to signifie three things committed to his charge first Religion then Justice then Manhood and Chivalrie which division seemeth very good and fit and to comprehend all that a Weal-Publick hath need of for her happie State and Felicity both in soul and bodie and for her end both supernatural and natural And therefore these seem to be the three Points which most are to be regarded in every Prince Why it is here principally treated of Religion For the latter two because they have been often had in Consideration in the Changes aforesaid and Religion whereof then scarce ever any question or doubt did fall in these actions rarely or never And because in these our dayes it is the principal Difference and chiefest Difficultie of all other and that also it is of it self the first and highest and most necessarie Point to be considered in the Admission of a Prince therefore it
shall principally be treated of in this place The Felicitie of the Soul is the chiefest End appointed to every Common-wealth First we are to suppose That the first and chiefest End that God and Nature appointed to every Common-wealth was not so much the temporal Felicitie of the Body as the everlasting of the Soul And consequently that all other things of this transitory life are ordained to serve and be directed to that higher End And this was not only revealed to the Jewes by holy Scripture but also unto the Gentiles and Heathens by the instinct and light of Nature it self What End Pagan Philosophers and Law-makers had in their doings For there was never yet Pagan Philosopher that wrote of framing a good Common-wealth neither Law-maker among them that left Ordinances for the same purpose Which besides the temporal end of directing things for the bodie had not special care also of matters appertaining to the minde to wit of nourishing and rewarding virtue and for restraining and punishing of vice and wickedness Institution of Sacrifices by Nature Examples of Noah and Job And Nature did not only teach man that he should serve God but also how he should serve him to wit That the chiefest and supremest honor that could be done unto him in this life was the honor of Sacrifice and Oblations which we see was practiced even in those first beginnings of the Law of Nature before the Levitical Law For so we read in Genesis of Noah 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 Odoratúsque est Dominus odorem suavitatis And the like of Job that was a Gentile and lived before Moses Sanctificabat filios consurgénsque diluculo offerebat holocausta per dies singulos Example of the Indians Religion the chief End of a Common-wealth and Magistrates Among the Indians also where never any notice of Moses Law came there was never any Nation sound that acknowledged not some kind of God and offered not some kinde of Sacrifice unto him And though both in distinguishing between false gods and the true God and in the means of honoring him they have fallen into most gross and infinite errors as also the Gentiles of Europe Asia and Africa yet it is evident hereby that by God and Nature the highest and chiefest End of a Common-wealth is Cultus Dei And consequently that the principal care and charge of a Prince and Magistrate even by Nature it self is to look thereunto As among the Antients both Jews and Gentiles their Kings and chief Magistrates for many ages were also Princes And divers learned men do hold that the Privilege and preeminence of Primogeniture consisted principally in this That the eldest Sons were Priests The same proved by Authorities Nulla est gens saith Cicero tam fera nulla tam immanis cujus mentem non imbuerit deorum colendorum Religio And Plutarch writing against a certain Atheist of his time saith thus If you travel far Countries you may chance to finde some Cities without Learning without Kings without Riches without Money But a Citie without Temples and without gods and Sacrifices no man yet hath ever seen And finally Aristotle having numbred divers things necessary to a Common-wealth addeth these words Quintum Primum Circa rem Divinam cultus quod sacerdotium Sacrificiúmque vocant The absurd Atheism of our time in Politicks And therefore we see how false and impious is the opinion of divers Atheists of our time who affirm That Religion ought not to be so greatly respected in a Prince as though it were his chiefest care or the matter of most importance in his Government False and impious opinion specially among Christians who have so much the greater obligation to take to heart this matter of Religion by how much greater light and knowledge they have of God And for this cause also in all the Princes Oaths taken at their Admission as before hath been * recited the first and principal point of all other is about Religion and maintenance thereof not only by themselves but also by their Lievtenants c. The Oath given by the Emperor Justinian to all his Governors to take at their Reception And the Civil Law yieldeth a very solemn Form of an Oath which the Emperor Justinian was wont to give to all his Governors c. of Countries c. before they could be admitted to their Charges which is as followeth Juro per Deum omnipotentem filium ejus unigenitum Dominum nostrum Jesum Christum Spiritum Sanctum per Sanctam gloriosam Dei genitricem semper-virginem Mariam per quatuor Evangelia quae in manibus meos teneo per Sanctos Archangelos Michaëlem Gabriëlem puram conscientiam germanúmque servitium me servaturum sacratissimis nostris Dominis Justiniano Theodosiae conjugi ejus occasione traditae mihi ab eorum pietate administrationis Et quod communicator sum sanctissimae Dei Catholicae Apostolicae Ecclesiae nullo modo vel tempore adversabor ei nec alium quocunque permittam quantum possibilitatem habeam Et si verò non haec omnia servà vero recipiam omnia incommoda hìc in futuro seculo in terribili judicio magni Domini Dei salvatoris nostris Jesu Christi habebo partem cum Juda cum lepra Geizi cum tremore Cain in super poenis quae lege eorum pietatis continentur ero Subjectus Why Princes should be endued with Religion This Oath did all the Governors of Christian Countries take in old time By which Oath and the other Oaths which Emperors and Kings did make themselves at their admission about this point we may see that it is their chiefest and highest end and office to assist their Subjects to the attaining of their supernatural end by knowing and serving God in this life For that otherwise God should draw no other fruit or commodity out of humane Common-wealths than of an assembly of brutish creatures He that wanteth it is guilty of high Treason against God And therefore whatsoever Prince or Magistrate doth not help his Subjects to this end omitteth the first and principal part of his charge and committeth high Treason against his Lord and Master in whose place he is and consequently is not fit for that place and dignitie though he should perform the other two parts of Justice and Valor never so well Lack of Religion the chiefest Cause and justest to exclude a Prince Whereof it ensueth That nothing in the world can so justly exclude an Heir apparent from his Succession as want of Religion nor any cause whatsoever justifie and clear the conscience of the Common-wealth or of particular men that in this cause should resist his entrance as if they judge him faultie in this point If a Marriage may be dissolved
his minion to put away his wife a goodly young Ladie daughter of Isabell his father's sister and to marrie another openly to her disgrace And in the last evil Parlament hee made would needs have all absolute autoritie granted to 6 or 7 his favorites to determine of all matters Grieved with these exorbitant indignities the more or better part of the Realm called home by their Letters Henry 4. deposed Richard 2. by Act of Parlament by his own confession of unworthie Government and his voluntarie resignation of the Crown to the said Henry by publick instrument All this without blood-shed And in almost all this Edmund L. D. of York the head of that familie together with Edward Duke of Aumale his eldest son and Richard Earle of Cambridge his yonger the Grand-father of Edward 4. assisted the said Henry That Henry 4. had more right to Succeed unto Richard 2. than Edmond Mortimer heir of Clarence much more any other King Richard 2. deposed the question is Whether Edmond Mortimer then alive his Father Roger being slain in Ireland a little before Nephew removed of Lionel Duke of Clarence or Henry Duke of Lancaster son of John of Gant should have Succeeded in right For Henry is alleged his being neerer to the former King by two degrees and proximitie of Blood though not of the elder Line is to be or hath been preferred in these cases 2. His Title came by a Man the others by a Woman not so much favored by Law nor Reason 3. The said Edmond being offered the Crown by Richard Earle of Cambridge who had married his Sister Anne and other Noblemen at Southampton he judged it against equitie discovered the Treason to Henry the fifth by whose command those Noblemen were executed 1415. Thirty years after which Richard Duke of York son of the aforesaid Earle and Anne for Edmond her brother died without issue set his Title on foot And whereas Roger Mortimer Father of this Edmond was declared Heir apparent by a Parlament 1382 that was done by Richard 2. from the hatred he bore to John of Gant and his son Henry rather than for the goodness of the others Title the cause whereof was Because immediately after the death of the Black Prince divers learned and wise men held opinion That John of Gant eldest son of Edward 3. then living should rather succeed than Richard jure Propinquitatis This made the old King Edward 3. confirm the Succession to Richard 2. by Parlament and the Oaths of his Uncles and made the yong King Richard 2. hold first and his son in jealousie and hatred ever after as distrusting the likelihoods of their Title Declaration of the Heir Apparent in the Princes life being Partial no sure president Partial establishing of Succession by Parlament is no extraordinary thing with Princes which yet most commonly have been to little purpose So did Richard 3. cause John de la Pole Earle of Lincoln and Son to his sister Elisabeth Dutchess of Suffolk to be declared Heir apparent thereby excluding his Brother Edward's four Daughters c. So did Henry 8. prefer the issue of his yonger sister before that of his elder So did Edward 6. declare the Lady Jane Gray his cozen Germain removed to be his Heir and Successor excluding his own two sisters Such say they was the aforesaid Declaration of Roger Mortimer by Richard 2. to as little purpose as from little equity Uncle preferred before the Nephew divers times Contra Sect. 83. That John of Gant should have in right succeeded his father rather than Richard himself as neerer to his father is proved by the course of divers Kingdoms where the Uncle was preferred before the Nephew 1. In Naples much about the same time Robert before Charles the son of Martel his elder Brother 2. In Spain Don Sancho Bravo before the Children of Prince Don Alonso de la Cerda from whom the House of Medina Celi is discended by sentence of Don Alonso the wise and of all the Realm and Nobility Anno 1276. 3. In the Earldom of Arthois Mande before Robert son to her Brother Philip by sentence of Philip le Bel of France confirmed by the Parlament of Paris and by his Successor Philippes de Valois whom he the said Robert had much assisted in the recovery of France from the English 4. In Britanie John Breno Earle of Montfort before Jane Countess of Bloys Daughter and Heir of Guy his elder brother by sentence of Edward 3. and the State of England who put him in possession of that Dukedom 5. In Scotland where albeit Edward 1. of England gave sentence for John Baliol Nephew to the elder Daughter excluding thereby Robert Bruse son to the yonger yet that sentence was held to be unjust in Scotland and the Crown restored to Robert Bruse his son whose posterity holds it to this day 6. The like whereof in Naples Lewis Prince of Taranto son to Philip prevailed before Joan the Neece of Robert aforesaid who was Philip's elder brother though Philip died before Robert because he was a man and a degree neerer to his Grand-father than Joan. 7. And in England it self Henry 1. preferred before William son and Heir of Robert of Normandie his elder brother And King John preferred before Arthur D. of Britanie the son and Heir of his elder brother Geoffrey because he was neerer to Richard his brother then dead than was Arthur Which Right of his the English inclined still to acknowledge and admit and thereupon proclaimed him King notwithstanding that the French and other Forrein Princes of stomach opposed themselves against it King John rightfully preferred before his Brother Arthur Against this last King Richard when he was to go to the Holy Land caused his Nephew Arthur to be declared Heir apparent to the Crown thereby shewing his Title to be the better Answ 1. It was not by Act of Parlament of England for Richard was in Normandie when he made it 2. Richard did it rather to repress the amhitious Humor of John in his absence 3. This Declaration was never admitted in England but renounced by consent of the Nobility in his absence 4. Richard himself at his return disadvowed it appointing John to be his Successor by his last Will and caused the Nobles to swear Fealtie unto him as to his next in blood The Opinion of Civil Lawyers touching the Right of the Uncle and Nephew Contra Sect. 83. This Controversie divided all the Lawyers in Christendom Baldus Oldratus Panormitanus c. for the Nephew Bartolus Alexander Decius Alciatus Cujatius c. for the Uncle Baldus himself at length concludeth That seeing rigor of Law runneth only with the Uncle being properly neerest in blood by one degree and that only indulgence and custom permitteth the Nephew to represent his Father's place whensoëver the Uncle is born before the Nephew and his elder brother dieth before his Father as in the case of John of Gant and Richard 2. he may be
hee who represented her person was to bee preferred before her For the Duchess of Bragança and against the point of Representation Shee was born and bred in Portugal Philip and Parma were forrein 2. Shee was nearer by a degree unto Emanuel and Henry the Cardinal then the Duke of Parma 3. Against the representation urged by Parma that no representation was admitten in the Succession to the Crown of Portugal but that every pretender was to bee taken and preferred according to the Prerogatives onely of his Person as the next in propinquitie of blood or the man before the woman and the elder before the younger if they bee in equal degree of propinquitie to the former Kings Touching Representations Contra Sect. 40. The last King Sebastian entred the Crown by way of Representation not by propinquitie of blood the Cardinal beeing brother and hee but Nephew unto the former King John 3. Sect. 82. Answ. Hee was of the right descendant line of K. John 3. and the Cardinal but of the Collateral and all Law alloweth the right line to bee served and preferred before the Collateral bee admitted This was the caus of his coming to the Crown and not representation Allegations of King Philip's right to Portugal Seeing then that Representation was not admitted but every Pretendor considered in his own person onely Sect. 82. King Philip beeing in equal degree of propinquitie of blood with the Duchesses alleged hee was to bee preferred before them both becaus a man and born before them 2. The inheritance of Portugal besides that it belonged to the Crown of Castile of old evidently belonged to John King of Castile by the marriage of Beatrix daughter and heir of Ferdinand King of Portugal after whose death it was conferred by election of the People on John M. of Avis bastard-brother of the foresaid Ferdinand by him the said Beatrix and her posteritie wrongfully debarred and excluded King Philip his own carver in Spain When these contentions were at the hottest died the K. Cardinal before he could decide them Whereupon the K. of Spain taking his right to bee best and becaus a Monarch and under no temporal Judg thinking hee was not bound to attend any other or further judgment in the matter but might by force put himself in possession of his own as hee took it if otherwise hee might not have it hee entered upon Portugal by force of Arms and at this day holdeth it peaceably The end of the controversie An Objection in behalf of Representation in the Succession of England Representation taketh place in England So as the children of the son though women shall ever bee preferred before those of the daughter though men Therefore seeing the Ladie Philippes right to the Dukedom of Lancaster and Crown of England mentioned Sect. 70 72 c. is to bee preferred according to the Laws of England onely it followeth that the right of Succession pretended by the Princes of Portugal from the said Ladie Philippe should bee determined onely by the Laws of England which admit of Representation Answer to the former Objection The question is not here by what Law this pretence by Portugal to the Crown of England is to bee tried but rather who is the true and next heir of John of Portugal and the Ladie Philippe heir of Lancaster which once known it little importeth by what Law hee pretendeth his right unto England whether of Portugal or England though to determine this first and chief point of the Succession of Portugal the Laws of Portugal must needs bee the onely Judges and not those of England CAP. X. Whether it bee better to live under a Forrein or a Home-born Prince a great Monarch or a little King Against Forrein-Government the opinion of Law-makers ARistotle in all the different Forms of Common-wealths which hee prescribeth in his 8 books of Politicks ever presupposeth that the Government shall bee by people of the self-same Nation the same also do presume all the Law-makers therein mentioned as Minos Solon Lycurgus Numa Pompilius and the rest Of Orators and Writerr Demosthenes his famous invectives against Philip of Macedonia that desired to encroach upon the State of Greece and his Orations against Eschines who was thought secretly to favor the pretences of the said forrein Princes The books of the Italians when they speak of their former subjection to the Lombardes Germanes French and their present to the Spaniard The late writings of the French against the power of the hous of Guise and Lorrain whom they hold for strangers Of Nations by their Proceedings and Designs The desperate and bloodie executions of divers Nations to th' end they might rid themselvs from stranger's dominion are arguments of the very impression of nature herself in this matter for examples whereof see Q. Curtius lib. 5. 6. And the Sicilians who at one Evensong-tide slew all the French within their Iland whom themselvs had called and invited thither not long before And the English who murthered all the Danes at one time and would have don as much for the Normans if themselvs had been strong enough or the advers partie less vigilant And the French in the time of Charles the 7. when nothing could repress them from revolting every where against the English Government of which at length by hook and crook they wholly free'd themselvs Of Holy Scripture The autoritie of holy Scriptures is evident in this behalf Deut. 17. 16. Thou shalt make them King over thee whom the LORD thy GOD shall choos out of the number of thy brethren thou mai'st not set a stranger over thee which is not of thy brethren In the behalf of Forrein Government This hatred of Stranger's Government is but a vulgar aversion of passionate or foolish men Passionate by corruption of nature whereby men are inclined to think evil of others especially their Governors and the more the farther they are from us in kindred or acquaintance foolish as those that weigh not the true reasons causes or effects of things but onely the outward shew and popular apprehension grounded for the most part in the imagination or incitation of others who endeavor onely to procure tumults It importeth not what Countrimam the Prince bee so his Goverement bee good All passion against stranger or unto others laid aside wee are onely to respect the fruits of good and profitable Government the peace and proprietie of the Subject which what Prince bee hee native or forreign soëver procureth us is fittest for ours or any other Government for after a Prince is established the common subject hath no more conversation with him nor receiveth further personal benefits of him than of a meer stranger Then if hee govern ill what is the Subject the better by his beeing Home-born Home-born Princes and Tyrants As in the like case the children of Israël said of Rehoboam Quae nobis pars in David vel quae haereditas in filio Jesse 3 King 12. 16.
to be for all the time that Alexander lived he continued in banishment Answer to the Objection out of Deut. S. 90. When the Command was given in Deut. no Nation besides the Jews had true Religion among them the chiefest and highest think to be expected in the admission of any Magistrate for that it concerneth the true and highest end of a Common-wealth and of all humane society but Christ's coming into the world took away this restraint So that all Christian Nations are alike for so much as belongeth unto Government CAP. XI Examination of the likelihood of each Pretender to the Crown of England Whereby a Pretender may soonest prevail THe prevailing or not prevailing consisteth either in the Religion of the Pretender or in the Strength of his particular Familie Friends and Allies both at home and abroad Every one will prefer a Prince of his own Religion Religion being at this day threefold viz. Protestancy Puritanism and Papistrie is likely to be of much respect in the Advancement or Depression of each Pretender And albeit in the entrance of King Ed. 6. Queen Mary and her Majestie divers men of different Religions for other respects concurred together in those Princes Advancement which many of them repented after at better leisure yet t is now likely to be otherwise 1 Because the Titles of Pretenders are now more doubtful 2 Men are become more resolute in matters of Religion and by long contending the greater enemies 3 Men of a good Conscience will hold it a point of little zeal at least if not of Atheism to set their hands to the Advancing of a Prince of contrary Religion to themselves 4 Men of discretion hold it to be against all Rules of Policie to promote to a Kingdom in which themselves must live one of a contrary Religion for let what bargains agreements vain hopes promises soever be made before hand yet the Princes once settled they are sure to be opprest by degrees So that they must either dissemble or suffer persecution The likelihoods of the Protestant partie The Protestant that hath the power and authority of the State in his hands is likely to do much especially if he can conceal for a time the decease of her Majestie until he may put his Affairs in order but this is held to be either impossible or very hard so ardent are men's minds in such occasions and so capable of new designments impressions and desires are all kinde of subjects upon such great changes The most wealthy and strong Member of this Bodie is the Clergie as Bishops c. and their followers the Nobilitie and Privie Council are uncertain The House of Hertford was wont to be in their favor but of late they are the more devoted to Arabella and the House of Derby Privie Council out of office during the vacancie of Princes Though the authority of the Privie Council be supreme during the Prince's life yet it is not so afterwards nor have they any publick authority at all but according to their several former callings of Noblemen and Gentlemen Then is every man free until a new Prince be established by the Common-wealth which establishment dependeth not upon the appointment or will of any few or upon any man's proclaiming of himself for divers are like to do so but upon a general Consent of the whole bodie of the Realm The Strength and Affection of the Puritans The Puritans whose profession seemeth to be the more perfect are more generally favored throughout the Realm if not of Papists than the Protestant which make's even all those Protestants who are less interessed in Ecclesiastical livings or other preferments depending on the State very much affected to them Their side is held to be the most ardent quick bold resolute of any other as those which have a great part of the best Captains and Souldiers and great Towns where Preachers have made the more impression in the Artificers and Burgesses much devoted to them Nor want they probabilities of having the City of London the Tower and most part of the Navie much enclined to them Their Forrein partie will be the reformed Churches of France now not many and of the Low Countries The Earle of Huntington was the Lord Beacham by reason of his marriage is most affected by them The King of Scots if not a stranger would also be for his Religion very plausible The Strength and Affection of the Papists The Papists least in shew because held under yet are of small consideration in respect of their home and forrein partie At home they are either Recusants or such as accommodate themselves for wordlie respects unto all external proceedings of the time and State of which sort are the most part of the Countrie People of whom the contrarie Preachers are not so frequent To them such as are discontented do easily joyn also omnes qui amaro animo sunt cum illis se conjungunt 1 Reg. 22. 2. as the most afflicted by the present state Besides there is ever likely a certain natural compassion in most men towards those that suffer and of compassion cometh affection of affection desire to help Moreover the persecution against the Papists hath much stirred them up to far more eager defence of their Cause and hath wrought a great impression in their hearts Their affection is thought indifferent towards any one be he Stranger or Domestical who is likest to restore their religion not much inclined to any one of the pretenders in particular a point of great Consequence by reason of the incertainty and likely to give them great sway wheresoever they shall bend at that day The Forrein Strength of the Papists very great and important The Forrein Helps are besides the exiled English who have both Friends and Kindred at home the affections of Forrein Princes States Favorers of their Religion whose Ports Towns and Provinces be near upon England round about and for such a time and purpose cannot want commoditie to give succor which thing weighed together with the known inclination that way of Ireland and the late declaration made by many of the Scottish Nobilitie and Gentrie to favor that Cause are arguments that this Bodie is also great and strong and likely to bear no small sway in the deciding of this Countroversie For and Against the King of Scots Likelihoods of the Scot besides the Prioritie of his Title in vulgar opinion are his Youth his being a King his moderate Nature having shed little blood hitherto his affection in Religion to such as like thereof On the other-side the Reasons of State before alleged against him especially his Alliance with the Danes and dependance of the Scottish Nation seem to weigh much with Englishmen S. 53. For and Against the Lady Arabella For Arabella is alleged her being a yong Ladie and thereby fit to procure affections and that by her marriage she may joyn some other title with her own and therby friends Against her her being