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 〈◊〉
the bracelets the staf vvith the scepter and diademe euery one wherof the archbishop put vppon the Emperor telling him the signification of ech thing and vvhat it did bynd him vnto as for example vvhen he put the svvord about him he said accipe hunc gladium quo ijcias omnes Christi aduersarios malos christianos authoritate diuina per Episcopos tibi tradita Which is take vnto thee this svvord vvherby thow mayst cast out and driue away al the enimies of Christ whether they be barbarous infidels or euel christians and this by the authority of God deliuered vnto thee by vs that are bishops And thus he did vvith al other ornaments and ensignes telling the signification and obligation of euery one and taking the Emperors promise to performe al. And after al the historiographer concludeth thus Rex perfufus oleo sancto coronatur diademate aureo ab Episcopis ab eisdem ad solium regale ducitur in eo colocatur That is the king being annointed vvith holy oyle was crowned by the bishops and by the same vvas brought to the royal seat and therin placed This happened about the yeare of christ 940. and the ceremony is recounted more amply in this mans coronation then in any other both for that he was a very noble Prince and the very first of the Germain nation that vvas lawfully and orderly preferred to the imperial seat after that it passed from the children of Charles the great and ther be diuers points worthy the noting in this example and among other that albeit he were lawful king and Emperor by succession as also by appointment of his father yet was he chosen and admitted againe by the Princes and people that he swore to fulfil al those pointes and condicions which the signification of the Emperial ornaments did bynd him vnto After this about 60. yeares or more Pope Gregory the 5. in a synode holden in Rome did by the consent of Otho the third Emperor and nephew vnto this other Otho of vvhom we haue now treated appoint a certaine forme of electiō for the tyme to come of the German Emperor to wit that he should be chosen by six Princes of Germany three ecclesiastical which are the archbishopes of Moguntia Colen Treuires three temperal Lords to vvit the Duke of Saxony the Counte Palatyne of Rhene and the Marques of Brandeburge and vvhen thes six voices should happen to be equally deuided then that the Duke of Boemia for then it was no kingdom should haue place also to determyne the election Al which was determined in the yeare of Christ 996. in Rome and approued after ward by al the Princes of Germany and allowed by al other Christian Princes and states of the vvorld and so endureth vnto this day And among al other points this of his coronation and his oth to be taken for his wel gouerment vvas and is most exactly set downe recorded by many historiographers of that tyme and since But I shal alleage them only out of Iohn Sleydan as the most conuenient author for this our tyme and purpose First of al then he writeth that after any man is chosen Emperor he is to be called only Caesar and the king of the Romans and not Emperor vntil he be crowned and the conditions which he sweareth vnto presently after his election Are to defend the christian and catholique religion to defend the pope and church of Rome whose aduocat he is to minister iustice equally to al to follow peace to kepe and obserue al lawes rightes and priuileges of the Empyre not to alienate or engage the possessions of the empyre to cōdemne no man without hearing his cause but to suffer the course of law to haue his place in al and whatsoeuer he shal do otherwise that it be voyd and of no Validitie at al. Vnto al thes articles he sweareth first by his legates then he giueth a coppy of his othe in vvriting to euery one of the six electors and after this he goeth to the cytie of Aquis-gran to be crowned in the great church vvher about the midle of the masse the archbishop of Colen goeth vnto him in the presence of al the people and as keth whether he be redy to sweare and promise to obserue the catholick religiō defend the church minister iustice protect the widowes and fatherles and yeald dutiful honor and 〈◊〉 to the pope of Rome wherunto he answering that he is redy to do al this the Archbishop leadeth him to the high aulter wher he sweareth in expresse vvords al thes articles wwhich being done the said archbishop turning himselfe to the Princes of the empyre and people ther present doth aske them whether they be content to sweare obedience and fealtie vnto him who answering yea he is annoynted by the said archbishop before the aulter and then do come the other tvvo Archbishops of Moguntia and Treueris and do lead him into the vestery vvher certaine deacons are redy to apparrel him in his robes and do set him in a chayre vppon vvhom the Archbishop of Colen saith certaine prayers and then deliuereth him a sword drawne and putteth a ring vppon his finger and giueth him a scepter in his hand then al the three Archbishops together do put on the crowne vppon his head and leading him so crowned and apparreled vnto the high aulter againe he sweareth the second tyme that he wil do the part of a good christian and Catholick Emperor Which being ended he is brought back and placed in the emperial seat throne vvher al the Princes of the empyre do sweate obedience and fayth vnto him begining vvith the three Archbishops and continuing on vvith the three other electors and so al the rest in order vvhich is a notable and magestical manner of admitting and authorizing of a Prince as you see and it is to be marked among other things that the emperor sweareth three tymes once by his deputies and twise by himselfe before his subiects sweare once vnto him and yet wil Belloy as you haue hard needs haue subiects only bound to their Princes and the Prince nothing at al bound to them againe In Polonia which being first a Dukedome was made a kingdome aboute the same tyme that this forme of electing of the German Emperor vvas prescribed the manner of coronatiō of their kings is in substance the very same that we haue declared to be of the Emperor For first of al the Archibishop of Guesua metropolitā of al Polonia commeth to the king standing before the high aulter and sayeth vnto him thes wordes VVher as you are right noble Prince to receaue at our handes this day who are though vnworthily in place of Christ for execution of this function the sacred annoynting and other ceremonies ensignes and ornaments apperteyning to the kinges of this land it shaibe wel that we
admonish yon in a few wordes what the charge importeth which you are to take vppon you c. Thus he beginneth and after this he declareth vnto him for what end he is made king vvhat the obligation of that place and dignity byndeth him vnto and vnto vvhat points he must sweare what do signifie the sword the ring the sceptor and the crowne that he is to receaue and at the deliuery of each of thes things he maketh both a short exhortation vnto him and prayer vnto God for him And the kings oth is in thes words Promitto coram Deo angelis eius I do promise and sweare before God and his angels that I will do law and iustice to al and kepe the peace of christ hisChurche and the vniō of his catholique fayth and wil do and cause to be done dew and canonical honor vnto the bishops of this land and to the rest of the cleargie and if which God for bid I should break my oth I am content that the inhabitants of this kingdome shal owe no duty or obedience vnto me as God shal help me and Gods holy ghospelles After this oth made by the king and receaued by the subiects the Lord Martial general of the whole kingdome doth aske vvith a loud voice of al the councellors nobility people ther present whether they be content to submit themselues vnto this king or no Who answering yea the archbishop doth ende the residue of the ceremonies doth place him in the royal throne wher al his subiects do homage vnto him and this for Polonia In Spayne I do find that the manner of admitting ther kings was different and not the same before and after the distruction therof by the Moores but yet that in both tymes ther kings did sweare in effect the selfe same points vvhich before haue bin mentioned in other kingdomes For first before the entring of the Moores when spayne remayned yet one general monatchie vnder the Gothes it is recorded in the fourth national coūcel of Toledo which vvas holden the yeare of our Lord 633. according to Ambrosio Morales the most learned diligēt historiographer of Spayne though other do appoint it some few yeares after in this councel I say it is said that their new king Sissinandus who had expelled Suintila ther fotmer king for his euel gouerment This king Sissinandus I saye comming into the said councel in the third yeare of his reigne accompained with a most magnificent number of nobles that waighted on him did fal downe prostrate vppon the ground before the Archbishops and bishops ther gathered together which vvere 70. in number and desired them vvith teares to pray for him and to determine in that councel that which should be needful and most conuenient both for mainteyning of Gods religion and also for vpholding and prospering the whole common wealth wheruppō thos fathers after matters of religion and reformation of manners vvhich they handled in 73. chapters In the end and last chapter they come to handle matters of estate also And first of al they do confirme the deposition of king Suintila together with his wife brother and children and al for his great wickednes which in the councel is recounted and they do depriue them not only of al title to the crowne but also of al other goods and possessions mouables immouables sauing only that vvhich the new kings mercy should bestow vppon them and in this councel was present and subscribed first of al other S. Isidorus Archbishop of Siuil who writing his history of spayne dedicated the same vnto this king Sissinandus and speaketh infinite good in the same of the vertues of king Suintila that was now deposed and condemned in this said councel wherby it is to presumed that he had changed much his life afterward and became so wicked a man as here is reported After this the councel confirmeth the title of Sissinandus and maketh decrees for the defence therof but yet insinuateth vvhat points he was bound vnto and wherunto he had sworne when they said vnto him Te quoque praesentem regem ac futuros aetatum sequentium principes c. We do require you that are our present king and al other our Princes that shal follow here after vvith the humility which is conuenient that you be meeke moderate towards your subiects and that you gouerne your people in iustice and piety and that none of you do giue sentence alone against any mā in cause of life and death but with the consent of your publique councel and with thos that be gouernours in matters of iudgment And against al kings that are to come we do promulgate this sentence that if any of them shal against the reuerence of our lawes excercise cruel authority with proud domination and kingly pompe only following ther owne concupiscence in wickednes that they are condemned by Christ with the sentence of excommunication and haue theyr separation both from him and vs to euerlasting iudgment and this much of that councel But in the next two yeares after the ende of this councel king Sissinandus being now dead and one Chintilla made king in his place ther were other two councels gathered in Toledo the first vvherof was but prouincial and the second national and they are named by the names of the fift and sixt councels of Toledo In the vvhich councels according to the manner of the Gothes who being once conuerted from the Arrian haeresie were very catholique and deuout euer after and gouerned themselues most by their cleargie and not only matters of religion were handled but also of state and of the common wealth especially aboute the successiō to the crowne safty of the Prince prouision for his children frendes officers and fauorites after his death and against such as without election or approbation of the commō wealth did aspire to the same al thes points I say vvere determined in thes councels and among other points a very seuere decree vvas made in the sixt councel concerning the kings oth at his admission in thes vvords Consonam vno corde ore promulgamus Deo placituram sententiam We do promulgate vvith one hart and mouth this sentence agreable pleasing vnto God and do decree the same vvith the consent and deliberation of the nobles and peeres of this realme that vvhosoeuer in tyme to come shal be aduanced to the honor and preferment of this kingdome he shal not be placed in the royal seat vntil among other conditions he haue promised by the Sacrament of an oth that he vvil suffer no man to break the Catholique faith c. Thus far that synod or councel By which wordes especially thos among other conditions is made euident that thos Princes sweare not only to kepe the faith but also such other conditions of good gouerment as were touched before in the fourth councel and thes things were determyned while
in his description of those countryes the whole wealth and riches of the world seemed to slow thither and I my selfe can remember to haue seene such exceding abundance in very ordinairy men of this country both for their dyet apparrel furniture of house and the like as was wonder ful besides that for their nobilitie they were al great Princes for that euery one had his prouince or great towne in gouerment which they ruled whith that pompe and honor as if they had bin absolute lordes themselues by reason of the farr distance of their supreme Prince and so they were receaued whith publique honor of al citties and townes their charges borne wheresoeuer they passed as such high estates are wont to be And albeit they had euer commonly a strainger for supreme gouernor among them vnder their kinge which bare the name to be aboue them yet did he in deed nothing but as they would haue him and this partly for that his time of gouerment being but short he alwaies attended principally to gett the good willes of the people and to hold them contented and therby to be grat-ful to his king at his returne home and partly also for that if he should attempt to do any thing against their myndes and liking they made reply by their president and Chancelor and other of their owne Councelers residing for the Flemish nation in the court of Spayne for this nation hath alwaies a particuler councel ther about the king as al other forayne nations also haue that are vnder him and by this meanes they obteyned lightly what they would and brought the gouernor to what they pleased so as in effect they were absolute kings in themselues wrought their willes in euery thing this in that tyme while the country was quiet But now since their reuolt which hath indured almose these foure or fiue and twenty yeares what hath succeded surely their hath not a quarter so many bin punished or put to death in al these yeares by order of Iustice of their king absent as before I haue shewed that there were in one day by their owne earles and dukes when they were present that vppon far lesse occasion and cause giuen then are these for if we take away the two noble men Egmond and Horne put to death at the beginning of these Flemish troobles by the duke of Alua for which some men say also that he had no thanke afterward by the king no man of importance hath bin since executed and the cheefest townes that haue bin and are agaynst the king in Holland and Zeland are suffred vntil this day to traffique freely into Spayne and yet we know that for a little beginning of a certayne tumult this last yeare past in Spayne it selfe to wit in the kingdome of Aragon many heades haue bin stroken of and much iustice done where of then riseth this differēce no doubt for that the Flemmings are straingers far of and the other neere at home natural borne so as this circumstance of being a stranger and dwelling far of doth them great pleasure and giueth them priuilege aboue the homborne subiects The like I might shew for this matter of punishment in the fore said states of Italie where if a mā do compare the number of them that were put to death pulled downe or afflicted by order of Iustice and other wise at the commandement of the Prince in tyme of their owne home-borne kings with that which hath bin since especially of the nobility you shal not finde one for twenty and the reason of this is for that their owne kings were absolute and had to giue accompt to no man of their doings and for that they were men and had their passions and emulations with the nobilitie and might put the same in execution without accompt or controlment they pulled downe set vp at their pleasure and made oftentymes but a iest of noblemens liues and deathes but now these that are gouernours viceroyes for a forraine prince first they haue not so great authority or comission as to touch any such principal persons liues whithout giuing relation therof first vnto their king councel and receaue againe particuler order for the same and then they knowing that after their three yeares gouermēt is ended they must be priuate men againe and stay their 40. dayes as subiects vnder the next new gouernour to giue a reconning of their doings against al that shal accuse them which in these countryes they call to make their residence they take heede what they doe and whom they offend so as the condition of nobility is far different vnder such a strainge gouerment as this is termed then vnder a natural Prince of their owne country which oppresseth them at his pleasure But now to draw neer homward if we wil examine and considerer what hath passed in Ingland in this point of massacring our nobility by our domestical Princes it is a matter lamentable for it may seeme that they haue serued oftentymes for our Princes to make disport to play whith their heades And to let passe al those which in tyme of warres rebellions comotions haue bin cut of which occasions may seeme more iustifiable I do read also in our chronicles that 2 Sangue freddo as the Italian sayth that is to say in tyme of peace and by execution of iustice at the Princes appoyntment these noblemen following and knyghts by name were put to death with in the space of one fiue yeares in king Henry the fourth his dayes The duke of Excester the duke of Surrey the Archbis hop of Yorke the earles of Salisbury of Glocester of Worcester and of Huntington The earle mowbray earle marshal The Baron of Kinderton S. Roger Clarington bastard sonne of Edward the black Prince S. Thomas Blunr S. Barnard Rocas S. Richard Vernon And agayne soone aftervnder king Edward the fourth in almost whith in as litle space The dukes of Somerset and of Excester The earles of Deuonshire of Oxford and of Keyns The Lord Rosse the Lord Molyns S. Thomas Tudingham S. Phillip Wentworth S. Thomas fyndam and many others afterward for this was but at the beginning of his reigne which number of nobility if a man should haue seene them aliue together with their traynes before they had bin put downe he would haue said they had bin a very goodly company pitiful that so many of our owne nobilitie should be brought by our own Princes to such confusion But yet this matter may seeme perhapps the lesse maruelous and more excusable vnder those two kings for that troobles and contentions had passed a little before in the realme about the succession and heervppon so many of the nobility might be cut of but let vs see then what ensued afterwards when thinges were established and al doubt of contention about the succession taken away as in king Henry the eight his dayes it was and yet do
with the course of that Lord hitherto and do thinke that they should do much better with his brother if so be he shal be thought more fitt yet are thease things vncertaine as we see but not withstanding such is the nature and fashon of man to hope euer great matters of youthes especially Princes God send al iust desires to take place and with this I wil ende and passe no further hoping that I haue performed the effect of my promisse made vnto you at the beginninge FINIS A â—â—rfect and exact Arbor and geneaâ—â—gie of al the Kynges Queenes and Prinâ—â—â— of the blood royal of EnglaÌ„d from the tâ—me of William the conqueror vnto our tâ—â—e wherby are to be seene the groundes oâ—â— the pretenders to the same crowne at thiâ—â—aye accordinge to the booke of M. R. Dâ—â—man set foorthe of the sayde pretenders and their seueral claymes this present yeare 1594. The ancient howses of the blood royal of England are the howse of Lancaster that beareth the redd rose and the howse of Yorke that beareth the vvhyte and then the howse of Britanie and France ioyned in one And out of these are made fiue particular howses which are the howse of ScotlaÌ„d of Suffolke of Clarence of Britanie of Portugal and in these are twelue different persons that by waye of succission do pretende eche one of theÌ„ to be next after her Maiestie that now is as by the booke appeareth Polyd in vita H. s. OccasioÌ„s of meeting The matter of succession discussed M. Bromely M. V VeÌ„rvvorth Tvvo lavvers Many pre tendors to the crovvne of InglaÌ„d SuccessioÌ„ doubtful vvhy Three or fovver principal heades of praetendors 1. Lancaster 2. Yorke 3. The tvvo houses ioyned Circumstances of the tyme present The Roman conclaue SuccessioÌ„ includeth also some kinde of election Of this more aftervvards Cap 4. 5. Neernes only in blood not sufficient More to be considered besides succession in the pretendors Tvvo principal pointes handled in this booke Tvvo partes of this conference Bellay apollog pro reg cap. 20. Not only successioÌ„ sufficient That no perticuler forme of gouermeÌ„t is of natu re To liue in company is natural to man the grouÌ„d of al com moÌ„ vvealthes Plato de repub Cicero de repub Aristotle polit Diuers praefes 1. InclinatioÌ„ vniuersal Pompon Mesa lib. 3. cap. 3. 4 Tacit. l. 8. 2. Aristot. l. 1. pol. c. 1. 2. 3. 4. Imbecilility of man Theoph. lib. de Plaut Plu tarch coÌ„de fortuna lib. de pietatem in parent Note this saying of Aristotle 4. The vse of iustice and FreÌ„ship Cicero lib. de amicitia The vse of charity helping one an other August lib. de amicitia Gen. 2. v. 18. That gouermeÌ„t iurisdiction of Magestrats is also of nature Necessity Iob 10. v. 12. 2. Consent of natioÌ„s Cicero li. 1. de natu ra DeoruÌ„ 3. The ciuil lavv Lib. 1. digest tit 2. 1. Scripture Prou. 2. Rom. 13. Particuler forme of gouermeÌ„t is free Arist. li. 2. polit Diuersitie of gouerment in diuers coÌ„tryes and tymes Rome Africa Greece Italie Dukes for kings and kings for dukes Spayne Boeme Polonia England The Ievves lib. Genes Lib. Exo. Lib. Iob. Lib. Iud. Lib. 1. Reg. Lib. Machab The realme chuseth her forme of gouermeÌ„t The common vvealth limiteth the gouernors authority A Natural Prince A monarchy the best gouerment A rist li. 4. pol. a. c. 9. Seneca Plutarch The antiquity of Monarchy 1 Reg. 8. Dionys. Haly l. 5. Cornel. Tacit. l. 3. Cicero l. 1. Offic. Hierom. l. 2. epist. 12 Chrisost. ho. 23. 1. Pet. 2. Tvvo poyntes to be noted Hovv S. Peter calleth a king most excellent Vtilites of a kingdome and in conueniences of other gouermentes Cicerol x offic Democratia Miseries of populer gouerment in Italy Aristocratia 〈◊〉 〈◊〉 l. 30. Eutrop. l. 3. Oros. l. 5. 6. The cause vvhy lavves be added to Kings Arist. l. 3. pol. c. vlt. A notable saying Arist. l. 3. Pol. c. 12. Arist. l. 1. Pol. c. 2. Diuers names propeties of lavves Cie lib. 2. offic Lavv is the discipline of a vveale pu blique Psal. 2. The CouÌ„cels of Princes a great healp Arist. l. 4. Pol. c. 10. The monarchie of Inglad reÌ„pered The restraints of kingly po vver in al estates Roman Kings Liu. lib. 1. dec 1. Grecian kings Arist. li. 2. c. 8. polit Plutarch in Lycurg Cic. lib. 2. 〈◊〉 Ciclib 3. de 〈◊〉 Restraints of kingdomes in Europe Sleydan lib. 8. An. 1532. Blond Di cad 2. li. 3 Crant li. cap. 25. Kingdomes of polonia and Boemia Herbert li. 9. hist. Polon Cromerus lib. 3. Hist. Polon Kinges of Spayne Fraunce and Ingland Concil blet 4. c. 74. coÌ„cil s. c. 3. Peculiar manner of succession An. 1340. Paul Anil hist. Franc. l. 2. Gerard. du Hayllan lib. 14 hist. FraÌ„c Fran. Belfor llb. 5. cap. 1. An. 1327. Reasons for succession of vvomen The infanta of Spayne Prince of Lorayne Gerard du Haillan Lib. 13. Hist. FraÌ„c Anno 1317. lib. 14. An. 1328. lib. 3. de l'Estat defrunaee Kings lavvfully possessed may be depriued A markable circuÌ„stance Agaynst rebellious people and contemnors of Princes 〈◊〉 flateries 〈◊〉 by Bellay others Belloy in apolog cath apolog pro rege The purpose of the next Chapter Tvvo pointes to be proued Nothing hear spokeÌ„ against devv respect to Princes Depriuations of kings recounted in scriptu re 1. Reg. 31. 4. Reg. 21. 44. King Iosias 2. Paralip 34. 〈◊〉 2. Paralip 35. King Dauid XenophoÌ„ in Cyropaed Nich. Machal l. 2. c. 2. in Tit. Liuius August l. de Gran. The vvisdome and piety of King Dauid 1. Paralip 15. 1. Psal. 24. 25. Thearmes of King Dauid His valor in chiualry King Dauides victoires 2. Reg. 8. Paral. 18 〈◊〉 2. Reg. 23 Ioseph l. 7 antiq c. 10 2. Reg. 7. His humi lity charity and dc uotion Kings pur doune among the romaÌ„s vvhat successors they had Halicar l. 1. Tertul. li. de praescrip contta haeres Iustin. martyr apolog Tit. liu li. 1. dec 〈◊〉 Eutrop. l. 1. Caesar Au gustus Dion in Caesa. Sueton in Caesa. Nero Vespatian Cornel. Tacit. lib. 20. 21. Egesip l. 5 Eutrop. in vita Caesa. Heliogabolus An. DnÌ„i 124. Alius laÌ„p in vita Heliog AlexaÌ„der Seuerus Herod in vit seuen MaxeÌ„tiua Constantin The chan ge of the east empy re Charles the greate An. 800. Tvvo changs in France Belfor l. 1 Girard l. 3 AEmil l. 2 Clem. Baudin en la chro mique des Roys de France Reasons of depriuation Hugo 〈◊〉 anno 988. Examples of Spayne Concil Tolet. 4. cap. 4. Ambros moral 1. II cap. 17. Isidor in 〈◊〉 hispan Esteuan de Garibay 1. 13 de la hist. de Espa. c. 15. Tabulae Astron. Alfonsinae King Don Alonso deposed Don Pedro cruel deposed Garibay l. 14. c. 40. 41. In Portugal King DoÌ„ Sancho 2. deposed Garibay lib. 4 de hist. Portug c. 19. Lib
A CONFERENCE ABOVT THE NEXT SVCCESSION TO THE CROWNE OF INGLAND DIVIDED IN TO 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 Imprinted at N. with Licence M. D. XCIIII THE SOMME OF BOTHE PARTES MORE IN PARTICVLER THe first declareth by many proofes arguments that the next propinquitie or ancetry of blood alone though it were certaynly knowne yet that it is not sufficient to be admitted to a crowne without other cōditions and circumstances requisit be founde also in the person pretēdent THe second examineth the titles and pretentions of al such as may haue clayme or action to the crowne of Ingland at this day what may be said for them and what agaynst them and in the end though he leaue the matter extreme doubtful as touching the best right yet he giueth certayne coniectures about some persons that are lykest to preuaile TO THE RIGHT HONORABLE THE EARLE OF ESSEX OF HER MAIESTIES PRIVY COVNCEL VVo principal causes among others right honorable are wōt to inuite mē to dedicate any booke or treatise to a person in authoritie the one priuate duty obligatiō the other publiquevtility in respect that the matter may concearne that person for the cōmō good And to cōfesse the truth both of these ioyntly haue moued me at this tyme to present vnto your honour aboue others the two bookes ensuing which conteyne a conference had in Holland not long since about the pretences pretenders to the crowne of Ingland as your honour shall perceaue by the preface of each booke therfore herof I shall need say no more but only declare the fore said two causes of this dedication First then I saye that my particuler obligation towards your honours person riseth partly of good turnes and benefites receaued by some frendes of myne at your Lordships handes in your last voyage exploits in Frāce but principally of far greater fauours receaued from your noble ancestors I meane not only your father whose untimely death was to Inglād no smalle woūde but of your grādfather also that worthy Knight Sir VValter Deuorax who though he liued not to come to those titles of honor wherunto he was borne yet left he behinde him so rare a memory for his excellent partes of lerning wit feuter of body curtesie other such noble commēdations as none in Ingland perhapps the lyke in our tyme wherin also hath liued your honours great grandfather Sir Henry Deuorax visconde Ferys wel remembred yet by diuers of my said frendes obliged vnto him as also recorded by our Inglish histories as well for his merits worthines as in lyke manner for his match with the heyre of the most famous noble house of the Bourchers earles of Essex wherof also your honour is knowne to be discēded to hold at this day as wel their nobilitie of bloode as dignitie of title this shall serue in this place for my perticuler obligation wherof perhapps here-after vppon other occasion I may giue further relation and testimony to the world in token of my gratitude But for the second pointe of publique vtilitie I thought no man more fitt then your honour to dedicate these two bookes vnto which treate of the succession to the crowne of Ingland for that no mā is in more high eminent place or dignitie at this day in our realme then your selfe whether we respect your nobilitie or calling or fauour with your prince or high liking of the people consequently no man like to haue a greater part or sway in deciding of this great affaire when tyme shall come for that determination then your honour and those that will assist you are likest to follow your fame and fortune And for that it is not cōuenient for your honour to be vnskillfull in a matter which cōcerneth your person the whole realme so much as this doth and finding this conference had by two learned Lawyers to handle the question very pithely and exactly and yet with much modestye and without offence of any and with particuler affection and deuotion to her Maiestie with special care of her safetye I thought not expedient to let it lye vnpublished as also I iudged that no hāds were fitter to receaue the same nor any protectiō more secure or plausible then that of your honour whom God long preserue in all true honour and felicity to the comfort of your Lordships faithfull seruants clyents to the publique benefite of your country from my chamber in Amsterdame this last of December 1593. Your honours most affectionate R. DOLEMAN THE CONTENTS OF THE FIRST PARTE THE preface conteyning the occasion of this treatise vvith the subiect purpose partes therof That succession to gouerment by neernes of bloode is not by Lavv of nature or diuine but only by humane positiue Lawes of euery particuler common wealth and consequently may vppon iust causes be altered by the same Cap. 1. fol. 1. Of the particuler forme of Monarchies kingdomes and the different Lawes wherby they are to be obteyned holden and gouerned in diuers countryes according as ech common wealth hath chosen and established Cap. 2. fol. 15. Of the great reuerence and respect dew to kings and yet how diuers of them haue bine lawfully chastised by their commō wealthes for their misgouerment of the good and prosperous suecesse that god commonly hath giuen to the same and much more to the putting back of an vnworthie pretender Cap. 3. fol. 37. VVherin consisteth principally the lawfulnes of proceeding agaynst Princes which in the former chapter is mentioned what interest Princes haue in their subiects goodes or liues how othes do by nde or may be broken by subiects towardes their Princes and finally the difference betweene a good king a Tyrant Cap. 4. fol. 63. Of the Coronation of Princes and manner of their admitting to their authority and the othes which they do make in the same vnto the common wealth for their good gouerment Cap. 5. fol. 82. VVhat is dew to only succession by birth and what interest or right an heyre apparent hath to the crowne before he is crowned or admitted by the commō wealth and how iustly he may be put back if he haue not the partes requisite Cap. 6. fol. 121. How the next in succession by propinquity of bloode haue oftentymes bin put back by the cōmon
wealth others further of admitted in their places euen in those kingdomes where succession preuaileth with many examples of the kingdomes of Israel and Spayne Cap. 7. fol. 140. Of diuers other examples out of the states of France Ingland for proofe that the next in blood are sometymes put back from succession and how god hath approued the same with good successe Cap. 8. fol. 164. VVhat are the principall points which à cōmō wealth ought to respect in admitting or excluding any Prince wherin is handled largly also of the diuersitie of religions and other such Causes Cap. 9. fol. 197. THE CONTENTS OF THE SECOND BOOKE THe preface with the intention protestation of the Lawyer to treat this matter without the hurt or preiudice of any Of diuers bookes treatises that haue bin written heretofore about the titles of such as pretende the crowne of Ingland and what they do conteyne in fauour or disfauour of diuers pretendors Cap. 1. fol. 1. Of the succession of the crowne of Ingland from the conquest vnto the tyme of king Edward the third with the beginning of three principal linages of the Inglish blood royal dispersed into the houses of Britanie Lancaster and Yorke Cap. 2. fol. 12. Of the successiō of Inglish kings frō king Edward the third vnto our dayes with the particuler causes of dissention betweene the families of Yorke and Lancaster more largly declared Cap. 3. fol. 37. Of the great and general controuersie and contention betweene the said two houses royal of Lancaster and Yorke and which of them may seeme to haue had the beteer right to the crowne by way of succession Cap. 4. fol. 56. Of fiue principal and particuler houses or linages that do or may pretend the crowne of Ingland at this day which are the houses of Scotland of Suffolck of Clarence of Britanie and of Portugal and first of al the house of Scorland which conteyneth the pretentions of the king of Scotts of the Lady Arbella Cap. 5. fol. 107. Of the house of Suffolke conteyning the clayme 's aswel of the countesse of Darby and of her children as also of the children of the earle of Hartfort Cap. 6. fol. 130. Of the houses of Clarence and Britany which conteyneth the claymes of the carle of Huntington and of the Lady Infanta of Spayne and others of these two families Cap. 7. fol. 141. Of the house of Portugall which conteyneth the clayme 's as well of the king and Prince of Spayne to the succession of Ingland as also of the dukes of Parma and Bragansa by the house of Lancaster Cap. 8. fol. 160. VVhether it be better to be vnder a forraine or hom-borne Prince and whether vnder a great and mightic monarch or vnder a little Prince or king Cap. 9. fol. 193. Of certayne other secondary or collateral lines and how extreme doubtfull at the pretences be and which of all thease pretenders are most like by probability to preuaile in the end to get the crowne of Ingland Cap. 10. fol. 233. THE PREFACE CONTEYNING THE OCCASION OF THIS TREATIS with the subiect purpose and partes therof THER chaunced not long ago I meane in the monethes of Aprill and May of this last yeare 93. to mete in Amsterdam in Holland certayne Gentlemen of diuers nations qualities and affections as wel in religion as otherwise yet the most part Inglish and Irish and they had bine in diuers countries studied different artes and followed vnlike professions some of souldiars some of lawyers both temporal ciuil others of meere trauelors to learne experience and pollicy And for that the aduises which dayly came from Ingland at that tyme the parlament being then in hand gaue occasion to discourse of Inglish affaires they fell into diuers poyntes concerning the same but yet none was treated so largly or so seriously as was the matter of succession and competitors to the crowne for that it was presumed a great while that some thing would be determined thereof in that parlament though one or two of the wisest of that company held euer the contrary opinion But when at lenght newes was brought that nothing at al had bin done therin but rather that one or two as was reported had bin checked or committed for speaking in the same then came it in question among thes Gentlemen what should be the causes of such proceding in a matter so waighty and so necessary for al Inglish men to know But two Gentlemen Lawyers of the company one of the common law and the other a Ciuilian alleaged so many reasons for iustifying the Queenes Maiesties doings in this behalfe as al did seeme satisfied for that it was made playne that it could not stande with the safety eyther of her Maiesty or of the realme or of the party himselfe who should be preferred that any declaration of heyre apparent should be made during the life of her Maiesty that now is how dangerons soeuer the delay therof may be estemed for the tyme to come And so the end of this speach brought in presently the begining of an other to wit what weare like to be thes dangers and who might be likest of the pretendors to preuaile after her Maiestie about which matter ther was much discoursed by diuers parties but the conclusion of al was that both thes poyntes remayned very doubtful but much more the second who should preuaile of the competitors which they said did make the former poynt lesse doubtful of the multitude of dangers that therby did hang ouer the common wealth of Ingland though it wanted not doubt also in particuler what and where they should fal for said they whersoeuer many pretenders of the blood royall are knowne to be competitors to a crowne ther cannot chuse but many perilles also must be imminent to the realme To this one of the company said that he did not see how ther could be eyther so many pretenders to the crowne as the day before had bin spoken of in that place for the commō lawyer before named newly come out of Ingland had tould them that he had hard of some 9. or 10. or more plotts that were debated within the realme for so many pretenders or yf ther were any such great number descended of the blood royall yet their titles could not be so doubtfull seing it was an easy matter to discerne who was next in discent of blood and who not Not so easy quoth this Gentleman lawyer for that although it cannot be denyed but that ther is among al such as may pretend at this day a certayne knowne order and degree of neernes in blood to some king or Queene that hath possessed the crowne before them and in this discent it is knowne also commonly who descendeth of the elder house and who of the yonger and other such like vulgar circumstances yet notwithstanding for that ther be many other poyntes considerable in this affaire as the right of the first
stock wherof ech part doth spring the disabling of the same stock afterwards by attainders or otherwise the bastardies or other particuler impedimēts that may haue fallen vppon ech discent or branch therof al thes thinges said he may alter the course of common supposed right in him or her that is taken to be next in blood as prouing them not to be truly and lawfully the nerest though they be the next in degree As for example said he the whole multitude of competitors or pretenders which I conceaue may come in consideration or haue action or clayme to the crowne after her Maiesty that now is may be reduced to three or fower first heads or principal stocks to wit to the house of Lancaster a part as descendcd of Iohn of Gant Duke of Lancaster by his first wife Blanche sole heyre of the Duchie of Lancaster And of this branch or stock the most knowne of-spring in thes our dayes are thos Princes that are lineally discended of Don Iuan the first surnamed de boa memoria tenth king of Portugal who marryed with Philip the eldest daughter of the saide Iohn of Gant by his first wife Blanche and thes Princes are king Phillip of Spayne now king also of Portugal the Dukes of Parma and Braganza who descended of the same race as also the Duke of Sauoy one degree after them The second stock is of the house of yorke a part descending of George the Duke of Clarence second brother to king Edward the fourth who being put to death by the kings order in Cales left a daughter by whom are descended the Earle of Huntington with his brothers which also haue children and the ofspring of Geffrey Pole and Sir Thomas Barrington who marryed the other sister of her that was marryed to the Hastings The third stock was in king Henry the seuenthe who being himselfe of the house of lancaster and warying the eldest daughter of Edward the fourth of the house of yorke is presumed to haue ioyned thes two houses together and from this man by his two daughters for of his sonne who was king Henry the eight ther remayneth only the Queeue that now is ther hath proceeded the house of Scotland deuided into the famylies of the king of Scots and Arbella as also the progeny of the two Earles yet liuing of Hartford and Darby Vnto thes three heads which are commonlie knowen to al men some of ourdayes do add also a fourth which may seeme more ancient then ether of al thes three to wit by the Dukes of Brytaine who are discended dyuers wayes of the blood royal of Ingland as maye easely be declared whose heire at this day by lineal discent is the Enfanta of Spaine named Dona Ysabella Clara Eugenia daughter to king Philipp So that heerby wee come to discouer no lesse then ten or eleuen famylies that may pretend and haue al of them frends in Ingland and els wher as yesterday I told you who do not fayle in secret to negotiat and lay plotts for them for that ther are none of thes so far of but to their frends it seemeth the tymes standing as they do that reasons may be giuen for their preferment and good hope conceaued of preualying You do wel to adde said a Captayne ther present the tymes standing as they do or at least wise as they are like to stand when this matter must come to trial at what tyme I beleue not you lawyers but we souldiars must determyne this title and then no doubt if ther were not only thes tenn by you named but twenty moore also of the blood royal that would pretend and had frends and money to stand by them we should admit their causes to examination and perhapps giue sentence for him that by your lawes would sonest be excluded for whe matters come to snatching it is hard to say who shal haue the bet ter part I do not ad this circumstance of the tyme said the lawyer as though it were the only or principal poynt which maketh doubtful the matter of successiō though I confesse that it helpeth ther-vnto greatly in respect of the great variety of mens affections at this day in religion which do incline them commonly to iudge for him whom they best loue but besids this I do say that were the tymes neuer so quiet and religion neuer so vniforme yet are ther great doubtes in many mens heades about the lawfulnes of diuers pretentions of the famylies before named but if you adde vnto this the said wonderfull diuersity in matters of religiō also which this tyme yealdeth you shal finde the euent much more doubtfull and consequently it is no maruaile though many may remaine in hope to preuaile seing that wher many are admitted to stand for a preferment ther diuers may haue probality also of speeding An example you may take said the Ciuiliā lawyer in the Roman Conclaue at the popes election wher among three or sower score Cardinales that enter in for electors few ther are that haue not hope also to be elected not for that they see themselues all as well qualified as others but because oftentymes when diuers that are more forward by likely hode cannot be agreed vppon it falleth to the lott of hun that is fardest of and so it may among your pretender's quoth he in Ingland Your example said the temporal lawyer confirmeth somewhat of that I meane though it be not al togeather in like matter or maner for that the pope is made by electiō here we talke of a king by succession Your succession said the Ciuilian includeth also an election or approbation of the common wealth and so doth the succession of al kings in Christendome besides as wel appeareth by the manner of their new admission at their coronations wher the people are demaunded agayne if they be content to accept such a man for their King thoughe his title of neernes by blood be neuer so cleere And therfore much more it is like to be in this case of Inglish pretenders now wher their lawful neernes in blood is so doubtful as you haue signified so I do come to confirme your former proposition of the doubtfulnes of the next successor in Ingland with an other reason besids that which you haue alleaged of the ambiguity of their true propoinquity in blood for I say further that albeit the neernes of each mans succession in blood were euidently knowne yet were it very vncertayne as things now stand in Ingland and in the rest of Christendome rownd about who should preuaile for that it is not enough for a man to be next only in blood therby to pretend a crowne but that other circumstances also must concurre which if they want the bare propinquity or ancetrie of blood may iustly be reiected and he that is second third fourth fifth or last may lawfully be preferred before the first and this by al law both diuine and
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
of the vvhole matter in manner following VVHAT ARE THE PRINCIPAL POINTS WHICH A COMMON-VVEALTH OVGHT to respect in admitting or excluding of any prince that pretendeth to succeede wherin is handlid largely also of the diuersitie of religions and other such causes CAP. IX AFTER the Ciuilian had alleaged al thes examples of succession altered or reiected by publique authoritie of common wealthes and of the allowance and approbation good successe vvhich for the most part god semeth to haue giuen vnto the same one of the company brake forth and said that this poynt appeared so euident vnto him as no doubt in the vvorld could be made therof I meane whether this thing in it selfe be lawful or no to alter sometymes the course of succession seing that al cōmon vvealthes of Christendome had donne it so often Only he said that it remayned somewhat doubful vnto him whether the causes alleaged in thes mutations and chainges before mentioned were alwayes sufficient or no for that sometymes they semed to him but weake and slender as when for example the vncle was preferred before the nephewes for that he vvas a man and the other children which cause and reason hath oftentymes byn alleaged in the former exāples both of Spaine Fraunce and Ingland as also vvhen the yonger or bastard brother is admitted the elder and legitimate excluded for that the one is a warrier the other not and other such like causes are yealded said he in the exclusions before rehearsed vvhich yet seme not some-tymes vvaighty enough for so great an affaire To this answered the Ciuilian that according to their law both ciuil and canon vvhich thing also he affirmed to be founded in great reason it is a matter most certayne that he vvho is iudge and hath to giue the sentence in the thing it selfe is also to iudge of the cause for therof is he called iudge and if he haue authority in the one good reason he should also haue power to discerne the other so as if vve graunte according to the forme proofes that the realme or common vvealth hath povver to admitt or put back the prince or pretender to the crowne then must vve also confesse that the same common vvealth hath authority to iudge of the lawfulnes of the causes and considering further that it is in ther owne affaire in a matter that hath his whole beginning continuance and substance from them alone I meane from the common wealth for that no man is king or prince by institution of nature as before hath bin declared but euery king and kings sonne hath his dignity and preheminēce aboue other men by authority only of the cōmon vvealth who can affirme the contrary said the Ciuilian but that god doth allow for a iust and sufficient cause in this behalfe the only vvil and iudgment of the weal publique it selfe supposing alwayes as in reason we may that a whole realme wil neuer agree by orderly vvay of iudgment for of this only I meane and not of any particuler faction of priuate men agaynst ther heyre appatēt to exclude or put back the next heyre in blood and succession without a reasonable cause in their sight and censure And seing that they only are to be iudges of this case as now I haue said vve are to presume that vvhat they determyne is iust and lawful for the tyme and if at one tyme they should determine one thing the contrary at an other as they did often in Ingland during the contention betwene York Lancaster and in other like occasions vvhat can a priuate man iudge otherwise but that they had different reasons and motions to leade them at different tymes and they being properly lords and owners of the vvhole busines committed vnto them it is enough for euery particuler man to subiect himselfe to that vvhich his common vvealth doth in this behalfe and to obey simply without any further inquisition except he should see that open iniustice vvere donne therin or God manifestly offended and the fealme indangered Open iniustice I cal said he when not the true common wealth but some faction of wicked mē should offer to determine this matter vvithout lawful authority of the realme committed to them and I cal manifest offence of God and danger of the realme when such a man is preferred to the crowne as is euident that he wil do vvhat lyeth in him to the preiudice of them both I meane bothe of Gods glory and the publique wealth as for example if a Turke or Moore as before I haue said or some other notorious wicked man or tyrant should be offered by succession or otherwise to gouerne among Christians in which cases euery man no doubt is bound to resist vvhat he can for that the very end and intent for which al gouermēt vvas first ordeyned is herein manifestly impugned Thus the Ciuilian discoursed and the whole company seemed to like very vvel therof for that they said his opinion appeared both prudent and pious and by this occasiō it came also presently in question vvhat vvere the true causes and principal points which ought to be chiefly regarded as wel by the commō wealth as by euery particuler man in this great action of furthering or hindering any Prince towards a crowne And they said vnto the Ciuilian that if he vvould discusse in like manner this pointe vnto them it would be a very apt and good cōclusion to al his former speach and discourses vvhich hauing bin of the authority that weale publiques haue ouer princes titles this other of the causes and considerations that ought to lead them for vse and excercise of the same authority would fal very fit and necessary for the vp short of al. Heerunto the Ciuilian answered that he wel saw the fitnes and importance of the matter and therefore that he was content to speak a word or two more therof notwithstāding that much had bin said alredy therin to witt in al those pointès which had bin disputed about the end of gouerment and why it vvas appoynted which ende said he seing it is as largely hath bin proued before to defend preserue and benifite the common wealth heer hence that is from this consideration of the weal publique are to be deduced al other considerations of most importance for discerning a good or enel prince For that whosoeuer is most likely to defend preserue and benifite most his realme and subiects he is most to be allowed and desyred as most conforme to the end for vvhich gouerment was ordeyned And on the contrary side he that is least like to do this deserueth least to be preferred and heer quoth he you see doth enter also that consideration mentioned by you before which diuers common vvealthes had in putting back oftentymes children impotēt people though otherwise next in blood from succession and pteferring more able men though further of by discent for that they were more like
to defend well ther realme and subiects then the others were But to proceede said he more distinctly and more perspicuously in this matter I would haue you cal to mynde one point among others which I alleaged before out of Girard the frēch author to wit that the king of france in his coronation is new apparaled three tymes in one day once as a prieste then as a iudge and last as a king armed Therby to signifie three thynges committed to his charge first religion then iustice then man-hood and chiualry for the defence of the realme This diuision semeth to me very good and fitt quoth he and to comprehend al that a wealpublique hath neede of for her happy state and felicity both in soule and body and for her end both supernatural and natural For by the first which is religion her subiects do attayne vnto their end spiritual supernatural which is the saluation of their soules by the second and third which are iustice and defēce they enioy their felicity temporal which is to liue in peace among them selues and safety from their enimyes for which cause it seemeth that these are the three points which most are to be regarded in euery Prince that commeth to gouerment and much more in him that is not yet admitted therunto but offreth himselfe to the common wealth for the same purpose And for that the later two of thes three points which are iustice man-hood hath bin often had in consideration in the examples of changes before mentioned and the first point which is religion hath rarely or neuer at al byn talked of for that in former tymes the prince and the people were alwaves of one and the same religion and scarse euer any question or doubt fel in that behalfe which yet in our dayes is the principal differēce and chiefest difficultie of al other for thes causes I say shal I accommodate my selfe to the circumstance of the tyme wherin we liue and to the present case vvhich is in question betwixt vs about the succession of Ingland and leauing a side those other two considerations of iustice and chiualry in a king vvhich are far lesse important then the other though yet so highly regarded by ancient cōmon wealthes as you haue hard I shal treate principally of religion in this place as of the first and highest and most necessary pointe of al other to be considered in the admission of any prince for the profit of his subiects for that without this he destroyeth al and vvith this albeit he should haue defects in the other two pointes of iustice and manhode yet may it be holpen or his defect or negligence maye be supplyed much by others as after I shal shew more in particuler but if he vvant feare of God or care of religion or be peruersly persuaded therin the domage of the weale publique is inestimable First of al then for better vnderstanding of this point vve are to suppose that the first cheefest and highest ende that God and nature appointed to euery common wealth vvas not so much the temporal felicity of the body as the supernatural and euerlasting of the soule and this vvas not only reuealed to the Iewes by holy scripture but also vnto the gentiles and heathens by the instinct and light of nature it selfe For by this light of natural reason the learned sort of them came to vnderstand the immortality of the soule that her felicity perfection and ful contentmēt which they called her final ende and summum bonum could not be in this life nor in any thing created vnder heauen but must needs be in the life to come and that by atteyning to enioy some infinite endles immortal obiect which could fully satisfie the appetite of our soule this could be no other then God the maker of al himselfe And that consequently al other things of this transitory life and of this humane common wealth subiect to mans eyes are ordeyned to serue and be subordinate directed to the other higher ende and that al mans actions in this vvorld are first of al and in the highest degree to be imployed to the recognising seruing and honoring of this great Lord that gouerneth the whole as author and end of al. To this light I say came the heathens euen by the instinct and direction of nature whereof insued that ther was neuer yet pagan Philosopher that wrote of framing a good common vvealth as Socrates Plato Plutarch Cicero and others nether lawmaker among them that left ordināces for the same purpose as Deucalion Minos Zaleucus Licurgus Solō Ion Numa or the like vvhich besides the temporal ende of directing thinges wel for the body had not especial care also of matters apperteyning to the mynde to vvit of nourishing honoring and revvarding of vertue and for restrayning and punishing of vice and vvickednes vvherby is euident that their end and butt was to make their cytizens good and vertuous which vvas a higher end then to haue a bare consideration of temporal and bodily benifits only as many gouernours of our dayes though Christians in name seeme to haue vvho pretend no higher end in ther gouerment then bodily vvealth and a certayne temporal king of peace and iustice among ther subiects vvhich diuers beasts also do reach vnto in ther congregations and common wealthes as is to be seeme among emetts and bees cranes lyons and other such creatures that by instinct of nature are sociable and do liue in company and consequently also do maynteyne so mnch order and pollicy in ther common vvealth as is needful for their preseruation and continuance But nature taught man a far higher and more excellent ende in his common wealth which was not only to prouide for thos bodily benefits that are common also to creatures without reason but much more for those of the mynd and aboue al for the seruing of that high and supreme God that is the beginning end of al the rest For whose seruice also they learned by the same instinct and instirutiō of nature that the chiefest and supremest honor that could be done vnto him in this life by man was the honor of sacrifice and oblations vvhich we see vvas begun and practised euen in those first beginnings of the law of nature before the leuitical law and the particuler formes of this same law were prescribed by Moyses For so we read in Genesis of Noë that he made an alter and offred sacrifices to God vppon the same of al the beastes and byrdes that he had in the arke odoratusque est Dominus odorem suauitatis and God receaued the smel of thes sacrifices as a sweet smel Which is to say that God was highly pleased therwith and the like vve reade of Iob that vvas a gentile and liued before Moyses Sanctificabat filios consurgensque diluculo offerebat holocausta per dies singulos He did sanctifie his
of three bretheren the elder dye without issue and the second leaue a sonne yet in the inheritance and succession of the crowne it goeth otherwise as by al the former eight examples haue bin shewed and this is the first they saye about the common law The second pointe which they affirme is that the ground of our common lawes consisteth principally and almost only about this pointe of the crowne in custome for so say they we see by experience that nothing in effect is written therof in the common law and al old lawyers do affirme this pointe as vvere Ranulfus de Granuilla in his booke of the lawes and customes of Ingland vvhich he vvrote in the tyme of king Henry the second and Iudge Fortescue in his booke of the prayse of Inglish lawes vvhich he compiled in the tyme of king Henry the sixt and others Wherof these men do inferr that seing there are so many presidēts and examples alleaged before of the vncles case preferred before the nephew not only in forayne countryes but also in Ingland for this cause I saye they do affirme that our cōmon lawes cannot but fauour also this title and cōsequently must needs like vvel of the interest of Lancaster as they auouch that al the best old lawyers did in those tymes for example they do record two by name of the most famous learned men vvhich those ages had who not only defended the said title of Lancaster in those dayes but also suffred much for the same The one vvas the forenamed iudge Fortescue Chancelor of Ingland and named father of the common lawes in that age vvho fled out os Ingland vvhith the Queene vvife of king Henry the sixt vvith the prince her sonne and liued in banishment in france vvhere it seemeth also that he vvrote his learned booke intituled de laudibus legum Angliae And the other vvas Sir Thomas Thorope chiefe Baron of the excheker in the same reigne of the same king Henry the sixt vvho being aftervvard put into the tower by the Princes of the house of Yorke for his eger defence of the title of Lancaster remayned ther a long tyme and after being deliuered was beheaded at hygate in a tumulte in the dayes of king Edward the fourth These then are the allegations which the fauourers of the house of Lācaster do lay downe for the iustyfying of that title affirming first that Iohn of Gaunt duke of Lancaster ought to haue succeded his father K. Edward the third immediately before king Richard and that iniury vvas done vnto him in that king Richard vvas preferred And secondly that king Richard vvere his right neuer so good vvas iustly orderly deposed for his euil gouerment by lawful authority of the common wealth And thirdly that after his deposition Henry duke of Lancaster sonne heyre of Iohn of Gaunt vvas next in succession euery vvay both in respect of the right of his father as also for that he vvas two degrees neerer to the king deposed then vvas Edmond Mortimer descended of Leonel duke of Clarence and these are the principal and substancial proofes of their right and title But yet besides these they do add also these other arguments and cōsiderations following first that vvhat soeuer right or pretence the house of Yorke had the princes therof did forfeit and leese the same many tymes by their cōspiraces rehellions attainders as namely Richard earle of Cambrige that married the lady Anne Mortimer and by her tooke his pretence to the crowne vvas conuicted of a conspiracy against king Henry the fift in Southampton as before I haue said and there vvas put to death for the same by iudgment of the king and of al his peeres in the yeare 1415. the duke of Yorke his elder brother being one of the iury that condēned him This earle Richards sonne also named Richard comming afterward by the death of his vncle to be duke of York first of al made open clay me to the crowne by the title of Yorke But yet after many othes sworne and broken to king Henry the sixt he was attaynted of treason I meane bothe he and Edward his sonne then earle of march which aftervvard vvas king vvith the rest of his ofspringe euen to the nynth degree as Stow affirmeth in a parlament holden at Couentry in the yeare 1459. and in the 38. yeare of the reigne of the said king Henry and the very next yeare after the said Richard was slayne in the same quarrel but the honse of Lācaster say these mē was neuer attainted of any such crime Secondly they saye that the house of Yorke did enter only by violence by infinite blood-shedd and by wilful murthering not only of diuers of the nobilitie both spiritual and temporal but also of both king Hēry the sixt hym self and of prince Edward his sonne and by a certaine populer and mutinous election of a certaine few souldiers in Smithfield of Lōdon and this vvas the entrance of the howse of Yorke to the crowne vvheras king Henry the fourth first king of the house of Lancaster entred vvithout bloodshedd as hath bin shewed beinge called home by the requestes and letters of the people and nobility and his election admission to the crowne vvas orderly and authorized by general consent of parlament in the doing therof Thirdly they alleage that king Hēry the sixt put downe by the house of Yorke was a good and holy king and had reigned peaceably 40 yeares and neuer committed any act vvorthy deposition vvheras king Richard the second had many waies deserued the same as him selfe came to acknowledge and ther vppon made a personal solemne and publique resignation of the said crowne vnto his cosen Henry of Lancaster the which iustified much the said Henries entrance Fourthly they alleage that the housa of Lancaster had bin in possession of the crowne vppon the pointe of 60. yeares before the house of Yorke did raise trouble vnto them for the same in vvhich tyme their title was confirmed by many parlaments othes approbations and publique acts of the common vvealth and by the nobles peeres and people therof and by the states both spiritual and temporal and vvith the cōsent of al foraine nations so that if there had bin any fault in their first entrance yet vvas this sufficient to authorize the same as we see it vvas in the title of king William the Conqueror and of his two sonnes king William Rufus and king Henry the first that entred before their elder brother and of king Iohn that entred before his nephew of his sonne king Henry the third that entred after his fathers depriuation and after the election of prince Lewis of france as also of Edward the third that entred by deposition of his owne father of al which titles yet might there haue bin doubt made at the begining but by tyme and durance of possession and