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A09097 A conference about the next succession to the crowne of Ingland diuided into tvvo partes. VVhere-of the first conteyneth the discourse of a ciuill lavvyer, hovv and in vvhat manner propinquity of blood is to be preferred. And the second the speech of a temporall lavvyer, about the particuler titles of all such as do or may pretende vvithin Ingland or vvithout, to the next succession. VVhere vnto is also added a new & perfect arbor or genealogie of the discents of all the kinges and princes of Ingland, from the conquest vnto this day, whereby each mans pretence is made more plaine. Directed to the right honorable the earle of Essex of her Maiesties priuy councell, & of the noble order of the Garter. Published by R. Doleman. Allen, William, 1532-1594.; Parsons, Robert, 1546-1610, attributed name. 1595 (1595) STC 19398; ESTC S114150 274,124 500

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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
frosard sayeth he had but three shippes only out of Britanie and Walsingham saith he had but 15. Lances and 400. footmen and the additions to Polychronicon as before I noted do auouch that when he landed at Rauenspurt in the county of Yorke he had but threescore men in al to begin the reformation of his realme against so potent a tyrant as King Richard was then accompted and yet vvas the concourse of al people so great and general vnto him that within few dayes he achiued the matter and that without any battaile or bloodshed at al thus much for the iustnes of the cause But now if we vvil consider the manner and forme of this act they of Lancaster do affirme also that it could not be executed in better nor more conuenient order First for that it vvas done by the choise and inuitation of al the realme or greater and better parte therof as hath bin said Secondly for that is vvas done vvithout slaughter and thirdly for that the king vvas deposed by act of parlament and himselfe conuinced of his vnworthy gouerment and brought to confesse that he vvas vvorthely depriued and that he vvillingly and freely resigned the same nether can their be any more circumstances required saye these men for any lavvful deposition of a Prince And if any man wil yet obiect and saye that notwithstanding al this their vvas violence for that duke Henry was armed and by force of armes brought this to passe they of Lancaster do answere that this is true that he brought the matter to an Roboam for the sinnes of Salomon his father and yet spare him also in parte for the sake of his grand father Dauid he caused a rebellion to be raysed against him by Ieroboam his seruant and more then three partes of foure of his people to rebell against him and this by Gods owne instinct and motion and by his expresse allowance therof after it vvas done as the scripture auoucheth and if Roboam had fought against them for this fault as once he had thought to do and vvas prepared vvith a mayne army no doubt but they might haue lawfully stayne him for that now these tenn tribes that for-sooke him had iust authority to depose him for his euel gouerment and for not yealding to their iust request made vnto him for easing them of those greuous tributes laid vppon them as the scripture reporteth For albeit God had a meaning to punish him for the sinnes of his father Salomon yet suffred he that Roboam also should giue iust occasion him selfe for the people to leaue him as appereth by the story and this is Gods highe vvisdome iustice prouidence and swete disposition in humane affaires An other example of punishing and deposing euel Princes by force they do alleage out of the first booke of kings wher God appointed Elizens the Prophet to send the sonne of an other Prophet to annoynt Iehu Captaine of Ioram king of Israel vvhich Ioram was sonne to the Queene Iezabel and to persuade Iehu to take armes against his said king and against his mother the Queene and to depriue them both not only of their kingdomes but also of their liues and so he did for the scripture saith Coniurauit ergo Iehu contra Ioram Iehu did coniure and conspite at the persuasion of this Prophet vvith the rest of his fellow Captaines against his king Ioram and Queene Iezabel the kinges mother to put them downe and to put them to death with al the ignomy he could deuise and God allowed therof and perswaded the same by so holy a Prophet as Elizeus vvas wherby we maye assure our selues that the fact was not only lawfull but also most godly albeit in it selfe it might seeme abhominable And in the same booke of kings within two chapters after there is an other example how God moued loiada high priest of Ierusalem to persuade the Captaines and Coronels of that cittye to conspire against Athalia the Queene that had reigned 6. yeares and to arme them selues with the armor of the temple for that purpose and to beseige the pallace wher she lay and to kill al them that should offer or goe about to defend her so they did and hauing taken her aliue she vvas put to death also by sentence of the said high priest and the fact vvas allowed by God and highly commended in the scripture and Ioas yong king of the blood royal was crowned in her place al this might haue bin done as you see without such trouble of armes bloodshed if God vvould but he appointed this seueral meanes for working of his wil and for releeuing of common wealthes oppressed by euel princes And this seemeth sufficient proofe to these men that king Richard of Ingland might be remoued by force of armes his life and gouerment being so euel and pernitious as before hath bin shewed It remayneth then that vve passe to the second principal pointe proposed in the begining vvhich was that supposing this depriuation of king Richard vvas iust and lawful vvhat house by right should haue succeded him ether that of lācaster as it did or the other of Yorke And first of al it is to be vnderstood that at that very tyme vvhen king Richard vvas deposed the house of Yorke had no pretence or little at al to the crowne for that Edmond Mortimer earle of march nephew to the lady Phillip vvas then aliue with his sister Anne Mortymer marryed to Richard earle of Cambrige by vvhich Anne the howse of Yorke did after make their clayme but could not do so yet for that the said Edmond her brother was liuing and so continued many yeares after as appeareth for that wee reade that he vvas aliue 16. yeares after this to witt in the third yeare of the raigne of king Henry the fift vvhen his said brother in law Richard earle of Cambrigs vvas put to death in South-hampton vvhom this Edmond appeached as after shal be shewed and that this Edmond vvas now earle of March when king Richard vvas deposed and not his father Roger as Polidot mistaketh is euident by that that the said Roger vvas slayne in Ireland a litle before the depositiō of King Richard to witt in the yeare 1398. and not many monethes after he had bin declared heyre apparent by king Richard and Rogers father named Edmond also husband of the lady Phillip dyed some three yeares before him that is before Roger as after wil be seene so as seing that at the deposition of king Richard this Edmond Mortimer elder brother to Anne was yet liuing the question cannot be whether the house of Yorke should haue entred to the crowne presently after the depriuation of kinge Richard for they had vet no pretence as hath bin shewed but whether this Edmond Mortimer as heyre of Leonel duke of Clarence or els Henry the duke of Lancaster heyre of Iohn of Gaunt should haue entred For as for
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
vvith the king of Castiles daughter and had by her a sonne called Denyse vvho reigned after him and his successors vnto this day al which succession of kinge Denyse his posteritie the said Queene mother would haue improued and shevved that it apperteyned to her by the said Raphe for this cause sent she to Portugal one lord Vrban bishop of Comince in Gasgonie to plead her cause vvhich cause of hers vvas quicklie reiected and only the forsaide fiue princes discended of king Emanuels children were admitted to tryal for the same which vvere Don Antonio sonne of lord Lewis the king Cardinals elder brother and king Phillip of Spayne sonne of lady Elizabeth the eldest sisteof t he said Cardinal and Philibert duke of Sauoy sonne of the lady Beatrix the same Cardinals yonger sister and the two duchesses of Parma and Bragansa named Mary and Catherine daughters of lord Edward yonger brother of the said Cardinal and yongest child of king Emanuel And for that the lady Mary duchesse of Parma vvhich vvas the elder of the tvvo daughters vvas dead before this controuersie fel out her eldest sonne lord Ranutio now duke of Parma pretended by her right to the said crowne And for that this matter vvas of so great importance euery parte procured to lay downe their reasons and declared their rightes in the best manner they could and such as could not be present themselues in Portugal sent thither their agentes Embassadors and Atturneys to plead their causes for them Don Antonio and the duchesse of Bragansa as inhabitants of that kingdome were present and declared their pretences namely Don Antonio by himselfe and for himselfe and the lady Mary of Bragansa by her husband the duke and his learned councel The prince of Parma sent thither for his parte one Ferdinande Farnese bishop of Parma The duke of Sauoy sent Charles of Rouere aftervvard made Cardinal The king of Spaine as the greatest pretender sent the lord Peter Gyrō duke of Osuna afterward Viceroy of Naples Syr Christopher de Mora knight of his chamber at that tyme but since of his priuye councel and lately made earle of Castel Rodrigo in Portugal of vvhich country he is natiue and besides these two a great lawyer named Roderigo Vasques made since as I heare saye lord President of Castil vvhich is as much almost as lord Chancelor vvith vs. Al these did lay forth before the king Cardinall their seueral reasons and pretensions to the succession of the crowne of Portugal for the fiue persons before mentioned whereof two vvere quickly excluded to wit the duke of Sauoy for that his mother was yonger sister to king Phillips mother and himselfe also of lesse age then the said king And secondly Don Antonio was also excluded by publike and iudicial sentence of the king Cardinal his vncle as illegitimate and borne out of lawful wedloke and albeit Dō Antonio denyed the same and went about to proue hym selfe legitimat affirming that his father the lord Lewis before his death had married with his mother in secret and for this brought forth some witnesses as namely his mothers sister with her husband and two others yet the king Cardinal affirmed that vppon examinatiō he had found them to be suborned vvhich he said vvas euident to him partly for that they agreed not in their speeches and partly for that some of them had confessed the same to wit that they were suborned vvhom he cast into prison and caused them to be punished and so sitting in iudgement accompained with fower bishopes and fower lawyers vvhō he had called to assist him in this cause he pronounced the same Don Antonio to be a bastard for vvhich the Authors that I haue read about this matter which are principally two the first named Hierom Franke a gentleman of Genua who wrote ten bookes in Italian of the vnion of the crowne of Portugal to the crowne of Castilia and the second is named Ioanes Antonius Viperanus a Sicilian as I take him who wrote one booke only in latine de obtenta Portugallia à rege Catholico Phillippo of Portugal gotte by king Phillip the Catholike both these bookes I say out of vvhom principally I haue taken the pointes which heere I wil touch do seuerally set downe the causes following vvhy the king Cardinal did reiect the pretence of Don Antonio before al other pretenders and pronounced him a bastard First for that he had byn euer so taken al the tyme of his fathers life and no man euer dowted therof or called the matter in question vntil now that himselfe denyed the same Secondly for that in the tyme of Iulius Tertius the Pope when certayne decres came out from Rome against the promotion of bastardes the same Dō Antonio sued to the said Pope to be dispensed with al in that case vvhich argueth that then he knew himselfe not legitimate Thirdly that his father the lord Lewis had often tymes both by word and writing testified the same that this Antonye vvas his bastard and had signified also so much in his last vvil testament Fourthly the said Cardinal as of himselfe also affirmed that if his brother the lord Lewis had euer dōne any such thinge as to marry this Woman who was but base in birth and of the Iewish race as these stories do affirme that it is like that he would haue made some of his owne frendes kynred acquainted therwith as a matter so much important for them to know but he neuer did though the said Cardinal auowed that himselfe was present vvith him at his death Fiftly he said that if Don Antonio had bin legitimate how happened that he did not pretend the succession before the Cardinal himselfe next after the death of king Sebastian seing that he vvas to haue gone before the said Cardinal by as good right as his other nephew Sebastian did if he had bin legitimate for that he vvas sonne also to the Cardinales elder brother as hath bin saide Sixtly lastly the said king Cardinal auowched against Don Antonio partly the disagreeing and partly the open confessing of the vvitnesses that they were suborned by him vppon al vvhich causes and considerations he proceeded to the iudicial sentence before alleaged Thus passed the matter in the case of Don Antonio vvho if he had bin legitimate no doubt but by al right he should haue bin preferred before al the other pretenders to the crowne of Portugal and must be at this day towards the crowne of Ingland before al those that pretend of the house of Portugal if vve graunt him to be legitimate and much more clearly may he pretend to the dukedome of Lancaster as before hath bin declared for that it must discend to the lawful heyre of lady Phillip Queene of Portugall wherof enseweth also one consideration not impertinent to vs in Ingland that seing we hold him there for true king of Portugal I see not
their vvas raysed by some kynde of men about the comming in of king Phillip and what their vvas like to haue byn about the entrance of Monsieur if that purpose had gone for-ward I remember wel said the Lawyer and these men that are of this opinion vvil say to this that it vvas but a populer mutiney without reason or any good grounde at all and only raysed by some crasty heades that misliked the religiō of the princes that were to enter and for some other driftes of their owne but not of any sound reason or argument of state which these men thinke rather to be of their side in good sooth they alleage so many argumentes for their opinion that if you should heare them you would say it weare hard to iudge which opinion had most truth but they are to longe for this place and so said he I shall make an end of the matter that I haue in hand and leaue this pointe for others to discusse With this the whole companye fhewed maruelous great desire to know the reasons that vvere in both parties for this matter so much the more for that it seemed to fal very fit to the purpose of these pretences of forayne princes for vvhich cause they intreated him very instantly that before he passed any further or ended his vvhole discourse of the titles vvhich hitherto they said had greatly contented them he would stay himselfe a litle also vppon this matter which though for a tyme he made great difficultie to do yet in the end beinge so importuned by them he promised that at their meeting the next day he would satisfie their desire and so for that tyme they departed very wel contented but yet as they saide vvith their heades ful of titles and titlers to the crowne VVHETHER IT BE BETTER TO BE VNDER A FORRAINE OR HOMBORNE PRINCE and whether vnder a great mightie Monarch or vnder a litle prince or King CAP. IX THE companye being gathered together the next day and shewing much desire to heare the pointe discussed about forraine gouerment wherof mention had bin made the day before the lawyer began to say that for so much as they would needs haue him to enter into that matter which of it selfe vvas ful of preiudice in most mens eares and myndes for that no nation commonly could abide to heare of being vnder strange gouernours and gouerments he ment to acquite himselfe in this their request as he had done in other matters before vvhich vvas to lay downe only the opinions and reasons of other men that had disputed this affaire on both sides before him and of his owne to affirme or deny nothing And first of al against the dominions of strāgers and Forriners he said that he might discourse without end and fil vp vvhole bookes and volumes vvith the reasons and arguments or at least vvise vvith the dislikes and auersions that al men commonly had to be vnder strangers or to haue any alliens to beare rule or charge ouer thē be they of what cōdition state or degree soeuer and in this he said that as wel philosophers lawmakers wise and good men as others do agree commonly for that vve see both by their wordes writinges and factes that they abhorr to subiect themselues to strang gouerments so as in al the eight bookes of Aristotles politiques you shal still see that in al the different formes of common vvealthes that he setteth downe he presupposeth euer that the gouerment shal be by people of the selfe same nation and the same thing do presume in like manner al those lawmakers that he their mētioneth to vvit Minois Solon Licurgus Numa Pompilius and the rest and he that shal reade the famous inuectiues of Demosthenes against the pretentions of king Phillip of Macedonia that desired to incroch vppon the Athenians and other states of Greece as also his orations against AEschines his aduersarie that vvas thought secretly to fauour the said forrayne prince shal see what hatred that noble Orator had against forraine gouerment and he that shal read the bookes of our tyme either of the Italians vvhen they spake of their subiection in tymes past to the Lōbardes German or french nacions or to the spaniards at this day or shal consider vvhat the french do presently vvrite inueigh against the power of the house of Guyse and Lorayne in Frāce for that they take them to be straingers shal easely see how deeply this auersion against strangers is rooted in their hartes and this for testimony of vvord But now if vve vvil consider the factes that haue ensued about this matter and how much blood hath bin shedd and vvhat desperat attempts haue bin taken in hand by diuers nations for auoyding their subiection to strāgers or for deliuering themselues from the same againe if once they haue fallen into it you shal behold more plainly the very impression of nature herselfe in this affaire for of diuers barbarous nations realmes citties we reade in stories that they rather chose to slea murther themselues then to be vnder the dominiō of strangers others haue aduentured strang attemptes bloody stratagems as the Sicilians who in one day and at the selfe same hower at the tyme of euening song slew al the frenchmen that vvere within the Iland vvhom yet themselues had called and inuited thither not long before and the like is recorded in our Inglish stories of killing the danes by Inglish men at one tyme in most ruful manner and the like was oftentymes thought on also by the Inglish against the Normans when they oppessed vs and by the French against the Inglish whiles we had dominion in France though nether the one nor the other of these latter desigmēts could be effectuated for want of forces and commoditye and by reason of the watchfulnes of the contrary part But yet to speake only of France the rage and fury of the french vvas generally so great and implacable against the Inglish that gouerned theare in the reigne of king Henry the sixt as both Polidor other stories do note at what tyme partly by the dissentions of the houses of York Lancaster in Ingland and partly by the valour of their owne new king Charles the seuenth they had hope to be ridd of the Inglish dominion as no persuasion or reason no feare of punishment no force of armes no promisse or threat no danger no pittie no religion no respect of God nor man could repres or stay them from rysing and reuolting euery where against the Inglish gouerment and gouernours murthering those of the Inglish nation in al partes and corners whersoeuer they found them without remorse or compassion vntil they were vtterly deliuered of their dominion So as this matter is taught vs say these men euen by nature her selfe that strangers gouerment is not to be admitted and moreouer the reasons before alleaged against the king
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
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
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 〈◊〉
by al the states of that counttey but also a broad as namely of Maximilian the Emperor and approued also by the king of Denmarke and by al the Princes of Germany neere about that realme who saw the resonable causes which that common wealth had to proceed as it did And a litle before that the like was practised also in Denmarke agaynst Cisternus ther lawful king if we respect his discent in blood for he vvas sonne to king Iohn that reigned a fore him and crowned in his fathers life but yet afterwards for his intolerable cruelty he vvas depriued and driuen into banishment together with his vvife and three children al vvhich were disinherited his vncle Frederik Prince of Holsatia vvas chosen king whose progeni yet remayneth in the crowne the other though he were marryed to the sister of Charles the fifth last Emperor of that name and vvere of kyn also to king Henry the eight of Ingland yet could he neuer get to be restored but passed his tyme miserably partly in banishment and partly in prison vntil he dyed But it shal be best perhapps to ende this narration with an example or two out of Ingland it selfe for that no where els haue I read more markable accidents touching this poynt then in Ingland and for breuity sake I shal touch only two or three happened since the cōquest for that I wil go no higher though I might as appeareth by the exāple of K. Edwin others nether vvil I beginne to stand much vppon the example of king Iohn though wel also I might for that by his euel gouerment he made himselfe both so odious at home contemptible abroade hauing lost Normandy Gascony Guyenne and al the rest in effect which the crowne of Ingland had in France as first of al he vvas both excommunicated and deposed by sentence of the pope at the sute of his owne people and vvas inforced to make his peace by resigning his crowne into the handes of Pandulfe the popes legate as Polidor recounteth and afterwards faling back agayne to his old defects and naughtie gouerment albeit by his promise to the pope to go and make warr against the Turkes if he might be quiet at home and that his kyngdome should be perpetually tributary to the sea of Rome he procured him to be of his side for a tyme and against the Barōs yet that stayed not them to proceed to his depriuation which they did effectuate first at Canterbury and after at London in the eighteenth last yeare of king Iohns reigne and meant also to haue disinherited his sonne Henry which vvas afterward named king Henry the third and at that tyme a childe of eight yeares old only and al this in punishement of the father yf he had liued and for that cause they called into Ingland Lodouick the Prince of France sonne to king Philip the second and father to Saynt Lewis the nynth and chose him for their king and did sweare him fealtye with general consent in London the yeare of our Lord 1216. And but that the death of king Iohn that presently ensued altered the vvhole course of that designment and moued them to turne their purposes and accept of his sonne Henry before matters were fully established for king Lodowick it vvas most likely that France and Ingland would haue bin ioyned by thes meanes vnder one crowne But in the end as I haue said king Henry the third vvas admitted and he proued a very wor thi king after so euel as had gon before him and had bin deposed which is a circumstance that you must alwayes note in this narration and he reigned more yeares then euer king in Ingland did before or after him for he reigned ful 53. yeares left his sonne heyre Edward the first not inferior to himselfe in manhode vertue vvho reigned 34. yeares and left a sonne named Edward the second vvho falling into the same defects of gouerment or vvorse then king Iohn his great grandfather had donne was after 19. yeares reigne deposed also by act of parlament holden at London the yeare 1326. his body adiudged to perpetual prison in which he was at that present in the castle of vvallingford vvherher diuers both bishops Lordes knights of the Parlament vvere sent vnto him to denounce the sentence of the realme agaynst him to wit how they had deptiued him and chosen Edward his sonne in his place for vvhich act of choosing his sonne he thanked them hartely and vvith many teares acknowledged his owne vnwoorthines wheruppon he was digraded his name of king first taken from him and he appoynted to be called Edward of Carnaruan from that howre forward and then his crowne and ring were taken away and the steward of his house brake the stafe of his office in his presence and discharged his seruants of their seruice and al other people of ther obedience or allegeance toward him and towardes his mayntenance he had only a hundreth markes a yeare allowed for his expences and then was he delyuered also into the hands of certayne particuler keepers vvho led him prisoner from thence by diuers other places vsing him with extreme indignity in the way vntil at last they tooke his life from him in the castle of Barkley and his sonne Edward the third reigned in his place who if we respect eyther valor provvesse length of reigne acts of cheualry or the multitude of famous Princes his children left behinde him vvas one of the noblest kinges that euer Inglād had though he were chosen in the place of a very euel one as you haue séen But vvhat shal we say is this worthines vvhich God giueth commōly to the successors at thes changes perpetual or certayne by discēt no truly nor the example of one Princes punishment maketh an other to beware for the next successor after this noble Edward vvhich vvas king Richard the second though he were not his sonne but his sonnes sonne to wit sonne and heyre to the excellent and renounced black Prince of vvales this Richard I say forgetting the miserable end of his great grand father for euel gouerment as also the felicity and vertue of his father and grand father for the contrary suffered himselfe to be abused and misled by euel councellors to the great hurte disquietnes of the realme For vvhich cause after he had raigned 22. yeares he was also deposed by act of parlamāt holden in London the yeare of our Lord 1399. and condemned to perpetual prison in the castel of Pomfret vvher he was soone after put to death also and vsed as the other before had bin and in this mānes place by free electiō was chosen for king the noble knight Henry Duke of Lācaster who proued afterwards so notable a king as the world knoweth and vvas father to king Henry the fifth surnamed commonly the Alexander of Ingland for that
vvith litle intention of performance But in al good and vvel ordered common vveathes wher matters passe by reason conscience vvisdom and consultation and espetially since christian religion hath preuailed giuen perfection to that natural light vvhich morall good men had before in matters of gouerment since that tyme I say this point of mutual and reciprocal othes betvveene Princes and subiects at the day of ther coronation or admission for al are not crowned haue bin much more established made cleare and put in vre And this forme of agreement and conuention betwene the common vvealth and their christian head or king hath bin reduced to a more sacred and religious kinde of vnion and concord then before for that the vvhole actiō hath bin donn by Bishopes and ecclesiastical Prelats and the astipulation and promises made on both sides haue passed and bin giuen receaued and regestred vvith great reuerence in sacred places and with great solemnity of religious ceremonies vvhich before vvere not so much vsed though alvvayes ther weare some And therfore our examples at this tyme shal be only of christian common vvealthes for that they are more peculiarly to our purpose as you wil confesse First then to begin vvith the East or Greeke Emperors of Constantinople as the most anicient among other for that after the Empire once translated from Rome to Constantinople by our Constantine the great and the first Christian Emperor that euer did publiquely shew himselfe for such thes Greeke Emperors were the most eminent Princes of al christianity among vvhom I do finde that albeit ther comming to the crowne were nothing so orderly for the most part as at this day it is vsed but many tymes the meanes therof vvere turbulēt and seditious yet find I as I saye that aboue a thousand yeares gone they vvere wont to haue an oth exacted at their handes by the patriarck of Constantinople vvho was their chiefe Prelate for thus writeth Zonaras of the coronation of Anastatius the first that succeded Zeno about the yeare of Christ 524. Antequam coronaretur fidei confessionem scriptam qua polliceretur se in dogmatibus Ecclesiasticis nihil esse nouaturum ab eo exegit patriarcha Euphemius vir sanctus orthodoxus The Patriarch Euphemius being a holy and catholique man required of Anastatius elected Emperor before he was crowned a confession in writing wherin he should promisse to change or innouate nothing in matters perteyning to the doctrine of the church thus much Zonaras the same haue Nicephorus Euagrius others And not only this but diuers other conditions also doth the same author insinuate that this Anastatius promised at his corouation before he could be crowned as among other things the taking away of certaine tributs and impositions the giuing of offices without money and other like points appertayning to reformation and good gouerment vvhich he performed for a tyme in the beginning of his gouerment but after fel into the heresies of the Eutichians banished this same good Patriach Euphemius that had crowned him he thriued therafter for that he vvas slayne by a thunder bolt from heauē after he had reigned 7. yeares and vvas accompted for a very wicked man by al vvriters for that he had broken as they said the conditions quas graui iuramento scriptis relato confirmasset That is to say the conditions which he had confirmed auowed with a graue oth as sayeth Euagrius The like I read about 300. yeares after recorded by the same author of the Emperor Michael the first in thes wordes Michael vbi diluxit magnam ecclesiam ingressus à Patriarcha Nicephoro imperatorio diademate est ornatus postulaio prius scripto quo promitteret se nulla ecclesiae instituta violaturum neque christianorum sanguine manus contaminaturum Which is Michel new chosen Emperor came early in the morning into the great church of Constantinople and vvas crowned ther with the Emperial crowne by the handes of Nicephorus the Patriach but yet so as hs was first required to swear and promise by writing that he would not violate the ordināces of the church nor contaminat his hands with christian blood which in effect is as much to say as that he should reigne godly iustly and many other such examples might be alleaged but by this it is easy to see what vvas the fassion of admitting and crowning thos gretian Emperors by their Patriarkes in the name of al the common wealth which common wealth was not satisfied with an oth except also it were set downe in vvriting And if we passe to the latine west empyre which about this very tyme was restored by Zacharie the pope and by the whole common wealth of Rome as before hath bin shewed and was giuen to Charles the great and his posterity vve shal fynd that this point is more setled and more in-violably kept yet in this empyre thē in the other for albeit that this empire of the west vvent by succession for the most part at the begining vntil afterwards it vvas appointed by Pope Gregory the fifth to passe by the election of certaine Princes in Germanie that now enioy that priueledge to be electors yet shal vve see alwaies that they euen before this cōstitution when this dignity went by succession were neuer admitted to the same vvithout this circumstance of swearing to conditions of righteous gouerment the forme and manner of which admission for that I find it set downe more perfectly and particulerly in the coronation of Otho the first then of any other Emperor and that by many authors and that this Otho was sonne and heyre vnto the famous Emperor Henry the first of that name Duke of Saxonie surnamed the faulkner for the great delight he had in the flght of faucons for thes causes I meane to begin with the coronation of this man before any other This Otho then sonne as I haue said to Henry the first though being his eldest sonne he vvere also his heyre and so named by Henry him self to the inheritance of the said crowne of Germany yet was he not admitted thervnto vntil he had made his oth and receaued his new approbation by the people for so the story saith that the Archbishop of Moguntia who is the chief primate of al Germany bringing him to the aulter wher he must swear said thes vvords vnto the people Behold I bring you heare Otho chosen by God appointed out by his father Henry our Lord and now made king by al the Princes of this empire if this election please you do you signifie the same by boulding vp your handes to heauen Thus far are the vvordes of the historiographer and then he addeth that al held vp their handes and that theruppon the said archbishop turned ahout to the aulter vvher lay al the oruaments and ensignes of the empyre as the sword vvith the girdle the cloke vvith
of obedience and allegiance and not before which argueth that before they were not bounde vnto him by allegeance and as for the princes of Ingland it is expresly noted by Inglish historiographers in ther coronatiōs how that no allegeance is dew vnto thē before they be crowned that only it happened to Henry the fifth among al other kinges his predecessors to haue this preuilege and this for his exceding to-wardlynes for the great affection of the people towards him that he had homage donne vnto him before his coronation and oth taken Wherof Polidor writeth in thes wordes Princeps Henricus facto patris funere concilium principum apud VVestmonasterium conuocandum curat in quo dum de rege creando more maiorum 〈◊〉 esse ubi continuo aliquot Principes vltro in eius verba mirare coeperunt quod beneuolentiae officium nulli antea priusquam rex renu nciatus esset praestitum constat a 〈◊〉 Henricus ab ineunte aetate spem omnibus optimae inaolis fecit Which in Inglish is this Prince Henry after he had finished his fathers funetals caused a parlament to be gathered at Westminster wher vvhiles consultation vvas had according to the ancient custome of Ingland about creating a new king behold vppon the sudden certaine of the nobility of ther owne free vvilles began to sweare obedience and leyaltie vnto him vvhich demonstration of loue and Good vvil is wel knowne that is was neuer shewed to any Prince before vntil he vvas declared king so great vvas the hope that men had of the towardlynes of this Prince Henry euen from his tender age thus far Polidor in his story of Inglād And the very same thing expresseth Iohn Stow also in his chonicle in thes vvordes To this noble Prince by assent of the parlament al the states of the realme after three dayes offred to do fealtte before he was crowned or had solemnized hu oth wel and iustly to gouerne the common wealth which offer before was neuer found to be made to any Irince of Ingland thus much Stow. in vvhose narration as also in that of Polidor it may be noted that king Henry the fift vvas not called king vntil after his coronation but onlv Prince though his fathe king Henry the fourth had bin dead now almost a month before and secondly that the parlament consulted de Rege creando more maiorum as Polidor his vvords are that is of making a new king according to the ancient custome of ther auncestors vvhich argueth that he vvas not yet king though his father were dead nor that the manner of our old Inglish ancestors vvas to accompt him so before his admission Thirdly that this demonstration of good wil of the nobility to acknowlege him for king before his coronation and oth solemnized wel and iustly to gouerne the realme was very extraordinary and of meere good wil. And last of al that this was neuer donne to any Prince before king Henry the fift al which pointes do demonstrate that it is the coronation and admission that maketh a perfect and true king whatsoeuer the title by succession be otherwise that except the admission of the common wealth be ioyned to succession it is not sufficient to make a lawful king and of the two the second is of far more importance to vvit the consent and admission of the realme then nearnes of blood by succession a-loue This I might proue by many examples in Ingland it selfe wher admission hath preuayled against right of succession as in William Rufus that suceeded the Conquerer and in king Henry the first his brother In king Stephen king Iohn and others vvho by only admission of the realme were kings against the order of succession as after more at large I shal shew you in a particuler spech vvhich of this point I shal make unto you and very specially it may be seene in the two examples before mentioned of the admission of the two kings Henry and Edward both surnamed the fourth vvhos entrances to the crowne if a man dovvel consider he shal find that both of them founded the best part and most surest of their titles vppon the election consent and good wil of the people yea both of them at their dying dayes hauing some remorse of cōscience as it semed for that they had caused so many men to dye for mayntenance of ther seueral rightes and titles had no better way to appease ther owne mynds but by thinking that they were placed in that rome by the voice of the realme and consequētly might lawfully defend the same punish such as went about to depriue them Moreouer you shal finde if you looke into the doings of Princes in al ages that such kings as vvere most politique and had any lest doubt or suspicion of trobles about the title after ther deathes haue caused their sonnes to be crowned in their owne dayes trusting more to this then to their title by succession though they vvere neuer so lawfully lineally discended And of this I could alleage you many examples out of diuers countryes but especially in France since the last lyne of Capetus came vnto that crowne for this did Hugh Capetus himselfe procure to be donne to Robert his eldest sonne in his owne dayes and the like did king Robert procure for his yonger sonne Henry the first as Girard holdeth and excluded his elder only by crowning Henry in his owne daies Henty also did entreat the states of Frace as before you haue hard to admitt crowne Phillip the first his eldest sonne vvhiles himselfe reigned and this mans sonne Luys lc Cros did the same also vnto tvvo sonnes of his first to Phillip and after his death to Luys the yonger both vvhich vvhere crowned in ther fathers life time this Luys agayne the yonger vvhich is the seuenth of that name for more assuring of his sonne named Phillip the secōd entreated the realme to admit crowne him also in his owne dayes vvith that great solemnity vvhich in the former chapter hath bin declared And for this very same cause of securitie it is not to be doubted but that alvvayes the prince of Spayne is sworne and admitted by the realme during his fathers reigne as before hath bin said The same consideration also moued king Dauid to crowne his sonne Salomon in his owne dayes as aftervvard more in particuler shal be declared and finally our king Henry also the second of Ingland considering the alteration that the realme had made in admitting king Stephen before him against the order of lineal successiō by propinquity of blood and fearing that the like might happen also after him caused his eldest sonne named likewise Henry to be crowned in his life time so as ingland had two king Henries liuing at one tyme vvith equal authoritie and this was done in the 16. yeare of his reigne and in the yeare of
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
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
nature Gen 8. Iob. 1. The chife end of a common vvealth magestrates is religion Genebrard l 1. Chronolde 1 aetate Genes 25. 20. Deut. 21. 2. Paral. 〈◊〉 Regard of religion among gentiles Cicero li. 1. quest tusc. de natura deorum lib. 1. Plutarch aduersus Colotem Aristo l 7 politi c. 8. The absurd Athisemo of our tyme in politiques See before the othes made by princes at their coronations in the 4. chapter The oth to gouernors for defence of religion Collat 2. Nouella constit Iuflin 〈◊〉 〈◊〉 〈◊〉 Note the forme of this othe vvryten An Dn̄i 560. Hovv great a defect is vvant of religion in a Magestrate Lack of religion the chefest cause to exclud a pretendor Vide Digest li. 23. fit 1 leg 8 10. Math. 14. Marc. 10. 1. Cor. 7. Lib. 4. decret Greg. tit 19. c. 7. VVhether 〈◊〉 in religiō be infidelity Act 23. 1. Cor. 8. 2. Cor. 5. 3. Pet. 3. Math. 18. Hovv he that doth agaynst his ovvne consciēce sinneth Rom. 14. 1. Cor. 8. 10. See vppō this place of S. Paul S. Chrisost hom 36. in 〈◊〉 epistolā Orig. l. to Theodor. in hune locum Hovv dāgrous to fauour a pretender of a contrary religion Against vvisdom and policy to preferre 〈◊〉 prince of a contrary religiē The conclusion of the vvhole speech A protestation of the lavvyer VVhy the vvil not determyne of any one title The book of Hales and Sir Nicholas Bacon The but of Hales book First reason 2. Reasun The booke of M. Morgan and iudge Browne Ansvver to the 1. reason To the 2. reason Heghingtons booke George Lilly in fine Epitchronic Anglic. Sundry importag pointes Diuers other notes and pampletes Sir Richard Shelly Franc. Peto A treatise in the behalfe of the Infāta of spaine Discent of V Villiam the Conqueror The children of the conqueror Polid. 1. 2. in fine Stovv in vita Guliel The miseries of Duke Robert and his sonne Stovv in vit Gul. Cōquest VVilliam soune of Duke Robett Belfor 1. 3. cap. 42. An. 1128. King VVilliam Rufus 〈◊〉 l. 2 del hist. del mondo K. Henry Polydor. in vita Henrici 1. The house of Britany by the elder daughter of the Conqueror Belfor l. 3 Pag. 423. Conan Duke of Britanie poysened by VVilliam Con queror Belfor l. 3 cap. 12. An. 1065. ex chronic dionis The daughters of spaine are of the blood royal of Ingland The houses of Aloys VVhy Stephen vvas admitted king of Girard l. 6 Belfor l. 3 The issue of king Stephen K. Henry the 2. Belfor l. 3 cap. 50. An. 1151. Gerard. l. 8. pag. 549 K. Henry the 2. his issue Stovv in vita Henci King RIchard Duke Geffrey Paradyn apud Belforest Belfor l. 3 cap. 71. An. 1203. Belfor l. 4 cap. 4. K. Iohn and his issue Miseries that fell vppō king Iohn Polid. Hol lings Stovv in vitae Iohannis The issue of king Henry the 2. hys daughters Belfor l. 3 cap. 49. An. 1152. The issue of Lady Eleanor Queene of spaine Polidor l. 15. in vit Iohan Stephen Garib li. 22. cap. 31 Queene Berenguela Garibay li. 12. c. 52 Pretences of the Infanta of spayne to Inglish French states K. Henry the 3 and his issue The meeting of three houses Prince Edvvard Duke Edmond Lad. Beatrix daughter of king Henry 3. The pede gree of the dukes of Britanie The great contention betvveene the houses of Mō ford and Bloys in Britanie Burgundy and Orleance The controuersie betvveene the house of monford and Bloys A Questiō about successiō betven the vncle and the neece The house of Blois ouer come The suecession of the Monfords in Britanie Francis last Duke of Britany Hovv the dukdome of Britanie vvas vnited to france 3. The issue male of king Hēry the 〈◊〉 The Bishop of Rosle in his booke of the Q. of Scotts title George Lilly in fine epitomes chron Anglic. That Edvvard vvas the elder Matheus vvest in vit Henrici 3. bollings Ibidem pag. 654. 2. 3. Holling head in vit Henrici 3. pag. 740. 777. 4. Edmonds line neuer pretended to the crovvne 5. Note this consequent 6. The elder ship of Edmond a fiction Polyd in fine vitae Hent 3. The issue of king Edvvard the first The issue of Edmond Crock-back Collateral lynes of Lācastez Fyue sonnes of K. Edvvard 3. The redd rose and the vvhite issue of the black prince The issue of leonel the 2. sonne The issue of Edmond the 4 sonne The issue of Thomas the 5. sonne The issue of the 3. sonne duke of Lancan The issue by Lady Blanch. L. Phillip marryed into Portugāl and her issue Lady Elizabeth second daughter The issue of King Henry the 4. The issue of Iohn of Gant by his 2. vvife The controuersie in Spaine betvveene King Peter the cruel and his bastard brother Garibay l. 15 c. 26. Of Lady Catherin Svvinford hollings head in vita Richardi 2. pag. 1088. The duke of Lancasters ba stards made legitimate Hollingh in vita Rich. 2. pag. 1090. The issue of Catherin Svvinfords chil dren K. Hēry 7. The dukes of Somerset Polidor hist. Ang. lib. 23. Hollings in vita Edvvadi 4. pa. 1314 1340. VVhat heyres of Lancaster novv romaine in The issue of the house of York Richard Earle of Cambrige executed Richard duke of York slayne Edvvard duke of York and King his issue The lyne of the Pooles The lyne of the hastings The Baringtons King Richard 3. Issue of king Henry the 7. Issue of the lady Mary of Scotland Issue of mary 2. sister to K. Henry Lady Francis Stovv An. 7. Edvvard 6. Of Lady Elen or of Suffolk Varietie of authores opinions about this controuersie Polydor in fine vit Henr. 3. initio vit Henr. 4. in vit Rich. An. 1386. The allegations of the house of yorke The storie of the controuersie betvveene Lancaster York Polydor. in vita Richard 2. lib. 20. King Richards de position Cheefe points of the controuersie betvveene Lancaster and York Three pointes about king Richards depositiō That a trevv K. maye be deposed 〈◊〉 Reason 2. Authority 3. Examples VVhether the causes vvere sufficient of King Rich. deposition The house of York chiefe doer in deposing King Richard Polyd. lib. 20. histor Angl. Addit ad Polycromicon Testimony of stories The euil gouermēt of king Richard Stovv in vit Rich. 2. pag. 502 regni 11. Agreat insolēcy The euel parlamēt Stovv an 21. regni Richard The duke of Laneaster called by common request Frosard VValsingham VVhether the manner of deposing King Richard vvere good 1. Roboam deposed by his subiects of ten tribes 2. Reg. 11 12. 2. Paralip cap. 10. Ioram his mother Iesabel deposed by force 4. Reg. 9. 5. Athalia depriued by force 4. Reg. 11. VVhether Lancaster or Yorke should haue entred after king Richard Polidor L. 20. in vit Richard Stovv 〈◊〉 vita Richard 2. VVhether the earle of march or duke of Lancaster should haue luc ceded