humane and by al reason conscience and custome of al nations christian To this said the temporal lawyer you go further Sir then I had meant to doe or did conceaue of the matter for my meaning only was to shew howe many pretenders ther be to the Inglish crowne at this day how doubtful the pretentions of diuers of the chiefe of them be in respect of the many exclusions stoppes and barres that their aduersaryes or fellow competitors do lay against them and now you do adde further that albeit thes stoppes were taken away and their propinquity in blood were manifest yet for other considerations the course of their next succession by birth may be iustly altered vppon such considerations as you insinuate that the Inglish may haue in the admission of their next king or Queene after her Maiesty that now is which in deede if it be true maketh the matter of succession much more doubtful then I pretended which I confesse I haue not so much studied or thought of for that our common law goeth no further ordinarily then to the next successor in blood to consider whether he be lawfully descended or no therby to giue him the crowne I confesse said the Ciuilian that ordinarily nether your law nor ours doth go any further especially in thos realmes wher the gouerment goeth by succession of blood which I thinke to be the best of al other wayes but yet ther may happen out such extraordinary cases some tymes agaynst this ordinary rule as your common law must needs take also consideratiō of them except it wil be contrary to al other law and reason both diuine and humane as for example if it should fal out that the next in blood should be a natural fool or a madd man if he should be taken by Turkes or Moores in his infancy brought vp in their religion aud would mayntayne the same in your countrey with al his forces and other like vrgent cases wherin it is not probable but that your common law must needs haue further consideration then of the bare propinquity of blood only for that otherwise it should be a very imperfect law that hath not prouided for accidents so weighty and important as thes are for sauing and conseruing of your common wealth At this speach the residew of the company began to smile to see the two lawyers grow into some heate and comparison of their professions But yet for that both their asseuerations did tendc to proue one thing which was the first proposition set downe to wit that the next successor of Ingland must needs be very doubtful they requested them both with very great instance that ech one would be content to proue his assertion a parte to wit the temporal lawyer to shewe that the titles and pretensions of al those ten or eleuen familyes of the Inglish blood royal which remayne at this day are ambiguous and doubtful according to the common lawes of Ingland aud the ciuilian to declare that albeit their titles by successiou were cleare yet that as things stande now in that realme and other countryes neere adioyning ther may be a great doubt which of them shal preuaile This I say was the request of the whole company and the lawyers were cōtent to take it vppon them and according to thes two poynts it was agreed that the whole speach or conference should be deuided into two parts and that the ciuil lawyer should begin first for that it seemed that his assertion being wel declared and proued would giue much light to the other and so he promised to do and to be as brief clere perspicuous as he mighte and to reduce al that he would say to certayne principal heades and chapters therby the better to be vnderstood remembred and so he began in manner and forme following THAT SVCCESSION TO GOVERMENT BY NEERNES OF BLOOD IS NOT by law of nature or diuine but only by humane and positiue lawes of euery particuler common wealth and consequentely may vppon iust causes be altered by the same CAP. I. THE examples before alleaged said the ciuilian lawyer of a madd or furious heyre apparent or of one that were by education a Turke or Moore in religion or by nature depriued of his witt or senses do playnely proue that propinquity of birth or blood alone without other circumstances is not sufficient to be preferred to a crowne for that no reason or law religion or wisdom in the world can admitt such persons to the gouermēt of a cōmon wealth by whom no good but distruction may be expected to the same seing that gouerment was ordeyned for the benefit of the weale publique and not otherwise And albeit some one or two in thes our dayes haue affirmed the contrary and published the same in wryting for the defence flatery or aduauncement of some Prince whom they fauour affirming that euen a foole madd or furious man or otherwise so wicked as he would endeuour to destroy the common welth were to be admitted to the seat royal without further consideration if he be next in blood yet this is so manifestly agaynst al reason and conscience and agaynst the very first ende and purpose of institution of common wealthes and magestrates as it shal not nede to be refuted in this place albeit afterwards ther vvil not vvant place and commodity for the same Hereof it doth ensew that some other condicions also must needs be requisit for comming to gouerment by succession besides the only propinquity or prioryty in blood and that thes condicions must be assigned and limited out by some higher authority then is that of the Prince himselfe who is bounde and limited therby and yet it seemeth euident they are not prescribed by any law of nature or diuine for that then they should be both immutable and the selfe same in al countries as God and nature are one the same to al without chainge wher nothwithstanding we see that thes condicions and circumstances of succeding by birth are diuers or different in different countryes as also they are subiect to changes according to the diuersity of kingdomes realmes people as after shal be shewed more in particuler wherby we are forced to conclude that euery particuler countrey and common wealth hath prescribed thes condicions to it selfe and hath authority to do the same For better profe wherof it is first of al to be supposed that albeit sociability or inclination to liue togeather in company man with man wherof ensueth both city and commō wealth as Aristotle gathereth in his first booke of politiques be of nature and consequently also of God that is author of nature though gouerment in lyke maner and iurisdiction of magestrats which doth follow necessarily vppon this liuing to gether in company be also of nature yet the particuler forme or manner of this or that gouerment in this or that fashion as to haue many gouernors few or one and
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
that realme to obserue the same and to alter the course of natural discent and nearnes of blood as vve haue seene and that the king of Nauarr and some other of his race by vertue of this only law do pretend at this day to be next in succession to this goodly crowne though in nearnes of blood they be farther of by many degrees from the last king Henry the third then either the foresaid Enfanta of Spayne or the Prince of Lorrayne that now is vvho are children of his owne sisters which poynt yet in Ingland vvere great disorder and would not be suffered for that our lawes are otherwise vvho made thes lawes but the common wealth it selfe By al vvhich vve see that diuers kingdomes haue diuers lawes and customes in the matter of succession and that it is not enough as often I haue said for a man to alleage bare propinquity of blood therby to preuaile for that he may be excluded or put back by diuers other circumstances and for sundry other reasons which afterward we shal discusse Yea not only in this pointe said he hath the commō wealth authority to put back the next inheritors vppon lawful considerations but also to disposesse them that haue bin lawfully put in possession if they fulfil not the lawes and condicions by which and for which their dignity vvas giuen them Which poynt as it cannot serue for vvicked mē to be troblesome vnto their gouernors for their owne interests or appetits so yet when it is done vppon iust and vrgent causes and by publique authority of the whole body the iustice therof is playne not only by the grounds and reasons before alleaged but also by thos examples of the Romans and Grecians alredy mentioned vvho lawfully deposed their kings vppon iust considerations chainged also ther monarchie and kingly gouerment into other formes of regiment And it might be proued also by examples of al other nations and this perhapps vvith a circumstance vvhich I know not vvhether euery man here haue considered the same to vvit that God hath vvonderfully concurred for the most part vvith such iuditial actes of the common vvealth agaynst their euel Princes not only in prospering the same but by giuing them also commonly some notable successor in place of the deposed therby both to iustify the fact and to remedy the faulte of him that went before To this al the company answered that they had neuer much thought nor made reflexion vppon any such circumstance and therefore that it could not be but a pointe of much nouelty to here the same discussed requesting him to say what he had obserued or read in that behalfe I am content said he but yet vvith this preface that I am far from the opinion of thos people of our dayes or of old who make so litle accompt of their duty tovvards Princes as be their title vvhat it wil yet for euery mislike of ther owne they are redy to band agaynst them whersoeuer they thinke they may make their partie good inuenting a thowsand calumniations for ther discredit without conscience or reason vvhom in deede I do thinke to haue litle conscience or none at al but rather to be those vvhom the Apostles S. Peter and S. Iude did speake of vvhen they said Nouit Dominus iniquos in diem iudicij reseruare cruciandos magis autemeos qui dominationem contemnunt audaces sibi placentes c. God knoweth how to reserue the wicked vnto the day of iudgment ther to be tormented but yet much more those vvhich do contemne domination or gouerment and are bold and liking of themselues thus much ther. Nay further I am of opinion that whatsoeuer a Princes title be if once he be setled in the crowne and admitted by the common wealth for of al other holdes I esteeme the tenure of a crowne if so it maye be termed the most irreguler and extraordinary euery man is bound to setle his conscience to obey the same in al that lawfully he may commaunde and this without examination of his title or interest for that as I haue said God disposeth of kingdomes and vvorketh his vvil in Princes affayres as he pleaseth and this by extraordinary meanes oftentymes so that if vve should examine the titles at this day of al the Princes of Christendome by the ordinary rule of priuate mens rightes successions or tenures vve should find so many knotts and dificulties as it vvere hard for any law to make the same playne but only the supreme law of gods disposition which can dispense in what he listeth This is my opinion in this behalf for true and quiet obedience and yet on the other side as far of am I from the abiect and vvicked flatery of such as affirme Princes to be subiect to no law or limitation at al either in authority gouerment life or succession but as though by nature they had bin created kings from the begining of the vvorld or as though the common vvealth had bin made for them and not they for the common vvealth or as though they had begotten or purchased or giuen life to the vvealpublique and not that the vvealpublique had exalted them or giuen them their authority honor and dignity so thes flatterers do free them from al obligation dewty reuerence or respect vnto the whole body wherof they are the heades nay expresly they say and affirme that al mens goodes bodies and liues are the Princes at their pleasures to dispose of that they are vnder no law or accompt-giuing whatsoeuer that they succed by nature and generation only and not by any authority admission or approbation of the common wealth and that consequently no merite or demerit of ther persons is to be respected nor any consideration of their natures or qualities to wit of capacity dispositiō or other personal circumstances is to be had or admitted and do they what they list no authority is ther vnder God to thasten them Al thes absurd paradoxes haue some men of our dayes vttered in flatery of Princes and namely of late one Belloy a French man as before I signified in tvvo bookes which he called appologies the one catholique and the other for the king both vvhich he semeth to vvrite in fauour of the king of Nauare and as other also cal him king of France but in my opinion he deserueth smal commendation or revvard to defend a kings title vvith such assertions and propositions as do destroy al law reason conscience and common vvealth and do bring al to such absolute tyrany as no realme euer did or could suffer among ciuil people no not vnder the dominion of the Turke himselse at this day vvher yet some proportion of equity is held betwene the Prince and the people both in gouerment and succession though nothing so much as in Christian nations Wherfore to auoyd thes two extremes I shal proue vnto you the meane before mentioned
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
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
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
at his pleasure without law as Titus 〈◊〉 〈◊〉 for which cause the senators at length 〈◊〉 him and cut him in smal peces And aftervards they were greatly greeued at the entring of Seruius Tullius their sixt king for that he gaue the crowne by fraude and not by election of the senate and special approbation of the people as he should haue done but most of al they were exasperated by the proceeding of their seuenth kinge named Lucius Tarquinas surnamed the proud who for that as Liuius faith he neglected the lawes of gouerment prescribed no him by the common wealth as namely in that he consulted not with the senate in matters of great importance for that he made war peace of his owne head for that he appoynted to himselfe a gard as though he had mistrusted the people and for that he did vse ininstice to diuers particuler men and suffred his children to be insolent he was expelled with al his posterity and the gouerment of Rome changed from a kingdome vnto the regiment of consuls after two hundreth yeares that the other had endured And thus much for those kingdomes of Italy and Greece And if likewise we wil looke vppon other kingdomes of Europe we shal see the very same to wit that euery kingdome countrey hath his particuler lawes prescribed to their kings by the common vvealth both for their gouerment authority and succession in the same for if we behold the Romā Empire it selfe as it is at this day annexed to the Germaine electors though it be the first in dignity among christian Princes yet shal we see it so restrayned by particuler lawes as the Emperor can do much lesse in his state then other kings in theirs for he can nether make vvarr nor exact any contribution of men or money therunto but by the free leaue and consent of al the states of the Germayne diet or parlament and for his children or next in kynn they haue no action interest or pretence at al to succed in their fathers dignity but only by free electiō if they shal be thought vvorthy Nay one of the chiefest poynts that the Emperor must sweare at his entrance as Sleydan writeth is this that he shal neuer go about to make the dignity of the Emperor peculiar or hereditary to his family but leaue it vnto the seuen electors free in their power to chuse his successor according to the law made by the pope Gregory the fyfth and the Emperor Charles the fourth in this behalfe The kingdomes of Polonia Boemia do go much after the same fashion both for there restrainte of power and succession to their kings For first touching their authority they haue great limitation nether can they do any thing of great moment without the consent of certayne principal men called Palatines or Castellans nether may their children or next of blood succede except they be chosen as in the Empire In Spayne France and Ingland the priuileges of kings are far more eminent in both thes points for that both their authority is much more absolute and their next in blood do ordinarily succede but yet in different manner for as touching authority it semeth that the kings of Spayne and France haue greater then the king of England for that euery ordination of thes two kings is law in it selfe without further approbatiō of the common wealth which holdeth not in England where no general law can be made without consent of parlament but in the other pointe of succession it appeareth that the restraint is far greater in thos other two countries then in Ingland for that in Spayne the next in blood cannot succede be he neuer so lawfully descended but by a new approbation of the nobility and bishops and states of the Realme as it is expresly set downe in the two ancient councelles of Tolledo the fourth and fifth In confirmation wherof we see at this day that the king of Spaynes owne sonne cannot succede not be called Prince except he be first sworne by the said nobility and states in token of their new consent and so we haue seene it practized in our dayes towards three or fower of King Philips children which haue succeded the one after the other in the title of Princes of Spaine and at euery chainge a new oth required at the subiects handes for their admission to the said dignity which is not vsed in the kings children of France or Ingland In France the world knoweth how women are not admitted to succed in the crowne be they neuer so neare in blood nether any of their issue though it be male For which cause I doubt not but you remēber how king Edward the third of Ingland though he were sonne heyre vnto a daughter of France whose three brethren were kings and left hir sole heyre to hir father king Phillip the fourth surnamed the fayre yet vvas he put by the crowne as also was the king of Nauar at the same tyme who was sonne and heyre vnto this womans eldest brothers daughter named Lewis Huttin king of Ftance which king of Nauar therby seemed also to be before king Edward of Ingland but yet were they both put by it and Philip de Vallois a brothers sonne of Phillip the faire was preferred to it by general decree of the states of France and by vardit of the whole parlament of Paris gathered about the same affayre Nether did it auayle that the two kings a fore said alleaged that it was agaynst reason conscience and custome of al nations to exclud vvomen from the succession of the crowne which appartayned vnto them by propinquity of blood seing both nature God hath made them capable of such succession euery where as it appereth by example of al other nations and in the old testament among the people of god it selfe wher we see women haue bin admitted vnto kingdomes by succession but al this I say preuayled not vvith the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara infanta of Spayne vnto the said crowne of France though by dissent of blood ther be no question of her next propinquity for that she is the eldest child of the last kings eldest sister The like exclusion is made agaynst the Prince of Lorayne that now liueth though he be a man and nephew to the last king for that his title is by a woman to wit his mother that vvas yonger sister vnto the last king Henry of France And albeit the law called Salica by the Frenchmen by vertue vvherof they pretend to exclude the succession of vvomen be no very ancient law as the French themselues do confesse and much lesse made by Pharamond ther first king or in thos ancient tymes as others without ground do affirme yet do vve se that it is sufficient to bynd al Princes and subiects of
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
our lord 1170. but his deuise had no good successe for that king Henry the yonger made war soore after vppō king Henry the elder had both the kings of France and Scotland many nobles of ingland and Normandie to take his part for which cause it is thought that this thing hath neuer bin put in practise againe since that tyme in Ingland but yet heerby it is euident what the opinion of the world vvas in those dayes of the force of coronation and admission of the common vvealth how litle propinquitie of blood preuaileth vvithout that And for more ample profe heerof and fuller cōclusion of al the whole matter I had thought to haue laid downe also in this place some number of the most nororious examples that I haue read for I haue read many vvherin the commō vvealth vppon iust occasions hath extended her authority to alter the natural course of succession by birth but for that the thing requireth some litle study and loking ouer some notes that I haue taken out of stories for helpe of memorie I shal deferr it vntil our next meeting at vvhat tyme I shall by Gods grace make this pointe very cleere and so ende my vvhole discourse for I see that I haue bin much longer then at the beginning I purposed and now I desire much to giue place vnto our temporal lawyer heere present vvho I doubt not hath matter to say of more delectation pleasure then this though you of your curtesies haue done me so much sauour as to heare me hitherto vvith patience and attention Whervnto the vvhole company answered that not vvith patience but vvith great pleasure delight and contentation they had hard him and so they vvould do the temporal lawer also in his turne but yet they desired him that nothing of this discourse might be omitted but vvholy finished for that it gaue very great satisfaction to al and opened many important pointes vnto them vvhich they had neuer thought of before and vvith this they parted for that night euery man vnto his loging habitation HOVV THE NEXT IN SVCCESSION BY PROPINQVITY OF BLOOD HATH OFTEN tymes bin put back by the commonwealth 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. VII AT the next meeting the Ciuilian camein very pensiue as though his head had bin ful of study vvherof being asked the reason he answered that he had reuolued many stories since his departure about the pointe vvhich he promised to treat of that he had found such store and great variety of matter as he knew not vvel vvher to begin and much lesse where to end for quoth he if I should begin with the 〈◊〉 kinges before mentioned it vvere infinite that might be alleaged and perhaps some man vvould say they vvere ouer old and far fetched examples and cannot be presidents to vs in these ages if I lay before you the examples of Romane kings and emperors put in and out against the law and right of succession the same men perhapps vvil answer that it vvas by force and iniury of mutinous souldiars whervnto that common wealth was greatly subiect And if I should bring forth any presidents and examples of holy scriptures some other might chance to reply that this was by particuler priuilege vvherin God almightie would deale and dispose of things against the ordinary course of mans law as best liked himselfe whose wil is more then law and whose actions are right it selfe for that he is lord of al and to be limited by no rule or law of man but yet that this is not properly the acte of a common wealth as our question demanndeth Thus I say it may be that some man would reply and therfore hauing store inough of plaine and euident matter vvhich hath no exception for that it hath happened in setled commō vvealthes those 〈◊〉 home where the law of succession is receaued and established to vvit in Spayne France and Ingland I shal retyre my selfe to them aloue but yet putting you in mynd before I passe any further that it is a matter much to be marked how god delt in this poynt vvith the people of Israel at the beginning after he had graunted to them that they should hauve the same gouerment of kings that other nations round about the had vvhos kings did ordinarily reigne by succession as ours do at this day and as al the kings of the Iewes did afterwards and yet this not-vvith standing God at the beginning to vvit at the very entrance of their first kings vvould shew playnely that this law of succeding of the one the other by birth and propinquity of blood though for the most part it should preuaile yet that it was not so precisely necessary but that vppon iust causes it might be altered For proofe wherof we are to consider that albeit he made Saule a trew and lawful king ouer the lewes consequently also gaue him al kingly priuileges benefites and prerogatiues belonging to that degree and state wherof one principal as you know is to haue his children succede after him in the crowne yet after his death God suffred not any one of his generatiō to succed him though he left behinde him many children and among others Is boseth a prince of 40. yeares of age vvhom Abner the general captayne of that nation with eleuē tribes followed for a tyme as their lawful lord and master by succession vntil God checked them for it and induced them to reiect him though heyre apparent by discent and to cleaue to Dauid newly elected king vvho vvas a stranget by birthe no kynee at al to the king deceased And if you say heere that this vvas for the sinne of Saule vvhom God had reiected I do confesse it but yet this is nothing against our purpose for that vve pretend not that a prince that is next in blood can iustly be put back except it be for his owne defects or those of his ancestors And moreouer I vvould haue you consider that by this it is euident that the fault of the father may preiudicate the sonnes right to the crowne albeit the sonne haue no parte in the fault as vve may se in this example not only of Isboseth that vvas punished and depriued for the offence of Saul his father not with standing he had bin proclay med king as hath bin said but also of Ionathas Saules other sonne vvho vvas so good a man and so much praysed in holy seripture yet he being slayne in warr and leauing a sonne named Miphiboseth he vvas put back also though by nearnes of blood he had great interest in the succession as you see and much before Dauid But Dauid being placed in the crowne by election free consent admission of the people of Israel as the scripture playnly testifieth
he approueth also the same in other realmes vvhen iust occasions are offred either for his seruice the good of the people and realme or els for punishment of the sinnes and wickednes of some princes that the ordinary line of succession be altred Now then to passe on further and to begyn with the kingdomes of Spayne supposing euer this ground of Gods ordenance as hath bin declared first I say that Spayne hath had three or foure races or discents of kings as France also and Ingland haue had and the first race was from the Gothes which began their raigne in Spayne after the expulsion of the Romans about the yeare of Christ 416. to whō the Spaniard referreth al his old nobility as the french man doth to the German Franckes and the Inglish to the Saxons which entred France and Ingland in the very same age that the other did Spayne the race of Gothysh kynges indured by the space of 300. years vntil Spayne was lost vnto the Moores The second race is from Don Pelayo that was chosen first king of Asturias and of the mountayne countrey of Spaine after the distruction therof by the Mootes about the yeare of Christ 〈◊〉 as before hath bin touched which race contynewed increased added kingdome vnto kingdome for the space of other three hundred yeares to wit vntil the yeare of Christ 1034. when Don Sancho may or king of Nauarra at vnto his power the Earldome also of Aragon and Castilia and made them kingdomes and deuided them among his children and to his second sonne named Don Fernando surnamed afterward the great he gaue not only the said Earldome of Castilia with title of kingdome but by mariynge also of the sister of Don Dermudo king of Leon and Asturias he ioyned al those kingdomes together so began from that day forward the third race of the kings of Nauar to reigne in Castel and so indured for syuehundred yeares vntil the yeare of Christ 1540. whē the house of Austria entred to reigne ther by mariage of the daughter and heyre of Don Ferdinando surnamed the Catholique and this was the fourth race of Spanish kings after the Romans which endureth vntil this day And albeit in al thes foure races and ranckes of royal discents diuers exāples might be alleaged for manifest proofe of my purpose yet wil I not deale whith the first race for that it is euident by the councels of Toledo before alleaged which were holden in that very time that in those dayes expresse election was ioyned with succession as by the deposition of king Suintila and putting back of al his children as also by the election approbation of king Sisinando that was further of by succession hath bin insinuated before in the fyft councel of that age in Toledo it is decreed expresly in these wordes Si quis talia meditatus fuerit talking of pretending to be king quem nec electio omnium perficit nec Gothicae gentis nobilitas ad hunc honoris apicem trahit sit consortio Catholicorum priuatus diuino anathemate condemnatus If any man shal imagin said thes fathers or go about to aspire to the kingdome whom the election choise of al the 〈◊〉 doth not make perfect not the nobility of the Gotish nation doth draw to the height of this dignity let him be depriued of al Catholique society and damned by the curse of almighty God by which woords is insinuated that not only the nobility of Gotish blood or neernes by succession was required for the making of ther king but much more the choise or admission of al the realme wherin this councel putteth the perfection of his title The like determinatiō was made in an other councel at the same place before this that I haue alleaged the vvordes are these Nullus apud nos presumptione regnum arripiat sed defuncto in pace principe optimates gentis cum sacerdotibus successorem regni communi concilio constituant Which in Inglish is thus let no man with vs snatche the kingdome by presumption but the former Prince being dead in peace let the nobility of the nation together with the Priests and cleargie appoint the successor of the kingdome by common councel which is as much to say as if he had said let no man enter vppon the kingdome by presumption of succession alone but let the Lords temporal and spiritual by common voice see vvhat is best for the vveal publique Now then according to thes ancient decrees albeit in the second race of Don Pelayo the law of succession by propinquity of blood was renewed and much more established then before as the ancient bishop of Tuys and Molina and other spanish vvriters do testifie yet that the next in blood was oftentymes put back by the common wealth vppon iust causes thes examples following shal testifie as breefly recoūted as I can possibly Don Pelayo died in the yeare of our Lord 737. and left a sonne named Don Fauila who vvas king after his father and reigned two yeares only After whos death none of his children were admited for king thoughe he left diuers as al writers do testifie But as Don Lucas the Bishop of Tuy a very ancient author vvriteth Aldefonsus Catholicus ab vniuer so populo Gothorum eligitur that is as the chronicler Moralis doth translat in spanish Don Alonso surnamed the Catholique was chosen to be king by al voices of the Gotish nation This Don Alonso was sonne in law to the former king Fauila as Morales sayeth for that he had his daughter Erneenesenda in mariage he was preferred before the kings owne sonnes only for that they were yonge vn-able to gouerne as the said historiographer restifyeth And how wel this fel out for the cōmon wealth and how excellent a king this Don Alonso proued Morales sheweth at large from the tenth chapter of his thirteenth booke vntil the 17. and Sebastianus Bishop of Salamança that liued in the same tyme writeth that of his valiant acts he was surnamed the great To this famons Don Alonso succeded his sonne Don Fruela the first of that name who was a noble king for 10. yeares space and had diuers excellent victories against the Moores but afterward declining to tyrannie he became hate ful to his subiects and for that he put to death wrongfully his owne brother Don Vimerano a Prince of excellent partes and rarely beloued of the Spaniards he was him selfe put downe and put to death by them in the yeare of Christ 768. And albeit this kyng left two goodly children behinde him which were lawfully begotten vppō his Queene Dona Munia the one of them a sonne called Don Alonso the other a daughter called Dona Ximea yet for the hatred conceaued against ther father neyther of them was admitted by the realme to succede him but rather his cosen german named Don Aurelio
For they put them al by the crowne chose for their king Don Alonso the fourth which vvas eldest sonne to Don Ordonio the second before named that had bin last king sauing one and this man also I meane Don Alonso the fourth leauing afterward his kingdome and betaking him selfe to a religious habit offered to the commō wealth of spaine his eldest sonne lawfully begotten named Dō Ordonio to be there king but they refused him and tooke his brother I meane this kings brother and vncle to the yong Prince named Don Ramiro who reigned 19. yeares and vvas a most excellent king and gayned Madrid from the Moores though noted of crueltie for imprisoning pulling out the eyes afterward of this king Don Alonso the 4. and al his children and nephewes for that he would haue left his habit and returned to be king againe But this fact my author Morales excuseth saying that it vvas requisire for peace and safty of the realme so as heere you see two most manifest alteratiōs of lineal succession together by order of the common wealth Furthermore after this noble king Dō Ramiro the second succeded as heyre apparent to the crowne his elder sonne Don Ordonio the third of this name in the yeare of our Sauiour 950. but this succession indured no longer then vnto his owne death which vvas after 7. yeares for then albeit he left a sonne named el enfante Don Vermudo yet he was not admitted but rather his brother Don Sancho the first of this name surnamed el Gordo vvho was vncle to the yong Prince and the reason of this alteration Morales giueth in thes wordes el succeder en el regno al hermano fue por la racon ordinaria de ser el enfante Don Vermudo nīno y no bastante para el gouierno y difença de la terra Which is the cause why the kings brother and not his sonne succeded in the crowne vvas for the ordinary reason so often before alleaged for that the infant or yong Prince Vermudo vvas a little child and not sufficient for gouerment and defence of the countrey Truth it is that after this Don Sancho had reigned and his sonne and heyre named Don Ramiro the third after him for the space of 30. yeares in all then was this youth Don Vermudo that is now put back called by the realme to the succession of the crowne and made kinge by the name of king Vermudo the second vvho left after him Don Alonso the 5. and he agayne his sonne Don Vermudo the third who marying his sister Dona Sancha that was his heire vnto Don Fernando first earle then king of Castile who was second sonne to Don Sancho Mayor king of Nauarr as before hath bin said he ioyned by thes meanes the kingdomes of Leon and Castile together which were seperat before and so ended the line of Don Pelayo first Christian king of Spaine after the entrance of the Moores which had endured now three hundreth yeares and the blood of Nauarr entred as you see and so continued therin vntil the entrance of those of Austria as before hath bin said which was almost 5. hundreth yeares together And thus much I thought good to note out of the stories of Spaine for this first discent of the spanish kings after the entrance of the Moores nether meane I to passe much further both for that it would be ouer long as also for that myne author Morales who is the most diligent that hath writen the chronicles of that natiō endeth heere his story with king Vermudo the third and last of the Gotish bloode Notwithstanding if I would go on further ther would not vvant diuers euident examples also to the same purpose which Stephen Garabay an other chonicler of Spaine doth touch in the continuation of this story vvherof for examples sake only I wil name tvvo or three among the rest And first about the yeare of Christ 1201. ther was a mariage made by king Iohn of Inglād for Dona Blancha his neece that is to say the daughter of his sister Dame Elinor and of Don Alonso the 9. of that name king and Queene of spaine which Blancha was to mary the Prince of Frāce named Luys sonne heyre to king Phillip surnamed Augustus which Luys was after-ward king of France by the name of Luys the 8. was father to Luys the 9. surnamed the saint This lady Blancha vvas neece as I haue said vnto king Iohn and to king Richard the first of Inglād for that her mother lady Elenor was ther sister and daughter to king Henry the second and king Iohn made this mariage ther by to make peace with the French and was content to giue for hir dowrey for that he could not tel how to recouer them agayne al those townes countres which the said king Phillip had taken vppon the Inglish by this kings euel gouerment in Normandie and Gasconie and more ouer promisse was made that if the Prince Henry of spayne that vvas the only brother to the said Lady Blāch should dye without issue as after he did then this lady should succede in the crowne of Spaine also but yet afterward the state of Spayne would not performe this but rather admitted her yonger sister Dona Berenguela maried to the Prince of Leon and excluded both Blanch and her sonne the king S. Luys of France agaynst the euident right of succession and propinquity of blood the only reason they yealded hereof vvas not to admitt strangers to the crowne as Garabay testifieth This hapned then and I do note by the way that this Dona Berenguela second daughter of Queene Elenor the Inglish woman was married as hath bin said to the Prince of Leon and had by him Don Fernando the third of that name king of Castilia surnamed also the saint so as the two daughters of an Inglish Queene had two kings saints for ther sonnes at one tyme the elder of France and the yonger of Spayne After this againe about threescore yeares the Prince of Spayne named Don Alonso surnamed de la cerda for that he was borne with a great gristle heare on his brest called cerda in spanish which Don Alonso was nephew to the king Fernando the saint maried with the daughter of sainct Luys king of France named also Blantha as her grand mother was and had by her two sonnes called Alonso Hernando de la cerda as the Prince their father was named vvhich father of thers dying before the king the grand father left them commended to the realme as lawful heyres apparent to the crowne yet for that a certayne vncle of thers named Don Sancho yonger brother to their father which Do Sancho was surnamed afterward el brauo for his valor and vvas a great warrier and more like to manage vvel the matters of warr then they he was madde heyre
king Charles the simple vvhich Luys was coÌ„monly called now in France by the name of d'Outremer that is be-yond the sea for that he had bin brought vp in Ingland the said states being also greatly and continually sollicited heerunto by the Embassadors of king Adelstan of Ingland and by William Duke of Normandie surnamed long speer great grand father to William the conqueror who by the king of Ingland vvas gayned also to be of the yong princes part for these considerations I say they resolued to cal him into France out of Ingland as his father had bin before him and to admitt and crowne him king and so they did and he reigned 27. yeares and vvas a good Prince died peaceablie in his bedd the yeare of Christ 945. This king Luys d'Outremer left tvvo sonnes behind him the eldest vvas called Lothaire the first who succeded him in the crowne of FraÌ„ce and the second vvas named Charles vvhom he made Duke of Lorayne Lothaire dying left one only sonne named Luys as his grand father vvas vvho was king of France by the name of Luys the 5. and dying vvithout issue after tvvo yeares that he had reygned the crowne vvas to haue gone by lyneal succession vnto his vncle Charles the duke of Lorayne secoÌ„nd sonne to Luys d'Outremer as is euident but the states of France did put him by it for mislike they had of his person and did chose Hugo Capetus Earle of Paris and so ended the second lyne of Pepin and of Charles the great and entred the race of Hugo Capetus vvhich endurcth vntil this day and the French stories do say that this surname Capet vvas giuen to him vvhen he vvas a boy for that he vvas wont to snatch avvay his fellovves cappes from their heades vvherof he vvas termed Snatch cappe vvhich some do interprete to be an abodement that he should snatch also a crowne from the true owners head in tyme as aftervvard vve see it fel out though yet he had it by election and approbation of the common vvealth as I haue said And in this respect al the french chroniclers who otherwise are most earnest defenders of ther law of succession do iustifie tâ—is title of Hugo Capetus against Charles for vvhich cause Frances Belforest doth alleadge the saying of William Nangis an ancient and diligent chronicler of the Abby of S. Denys in France vvho defendeth king Capetus in these vvords VVe may not graunt in any case that Hugh Capet may be estemed an inuador or vsurper of the crowne of France seing the Lordes Prelates princes and gouernors of the realme did cal him to this dignitie and chose him for their king and Soueraine Lord thus much Nangis vppon vvhich wordes Belforest saieth as followeth I haue layd before you the vvordes and censure of this good religious man for that they seeme to me to touch the quick for in very truth we cannot by any other meanes defend the title of Hugh Capet from Vsurpation and fellonie then to iustifie his comming to the crowne by the consent and wil of the common wealth and in this I may wel excuse me from inconstancie and contradiction to my selfe that haue so earnestly defended succession before for he that wil consider how and vvith vvhat conditions I defended that shal easely see also that I am not heere contrary to the same thus much Belforest I Thinke it not a misse also to put downe heer some part of the oration or speech vvhich the Embassador that vvas sent at that tyme from the state of France vnto Charles of Loraine after their election of Hugh Capet and Charles exclusion did vse vnto him in ther names which spech Girard doth recount in these wordes Euery man knoweth Lord Charles that the succession of the crowne and realme of France according to the ordinary Lawes and rights of the same belongeth vnto you and not vnto Hugh Capet now our king but yet the very same lawes vvhich do giue vnto you this right of succession do iudge you also vnworthy of the same for that you haue not endeuored hitherto to frame your life and manners according to the prescript of those lawes nor according to the vse custome of your coumtrey of France but rather haue allyed your selfe vvith the German nation our old enimies and haue acquainted your selfe vvith their vile and base manners Wherfore seing you haue forsaken abandoned the ancient vertue sweetnes and amitie of the french vve haue also abandoned and left you and haue chosen Hugh Capet for our king and haue put you back and this without any scruple or preiudice of our consciences at al esteeming it far better and more iust to liue vnder Hugh Capet the present posessor of the crowne with enioying the ancient vse of our lawes customes priuileges and liberties then vnder you the inheritor by neernes of bloode in oppression strange customes and cruelty For euen as those which are to make a voyage in a ship vppon a dangerous sea do not so much respect vvhether the pilot which is to guyd the sterne be owner of the ship or no but rather whether he be skilful valiant and like to bring them in safety to ther wayes end or to drowne them among the waues euen so our principal care is that we haue a good Prince to leade and guyd vs happely in this way of ciuil and politique life vvhich is the end why princes were appointed for that this man is fitter to be our king This message did the states of France send to Charles of Lorayne in defence of their doings and with this he lost his succession for euer and afterwards his life also in prison and the French men thought themselues secure in conscience as you see for doing the same which God hath also since seemed to confirme with the succession and happy successe of so many noble and most christian kings as haue issued out of this line of Hugo Capetus vnto this day And this spoken now of the second lyne of France I take to be sufficient for proofe of our purpose without going any further for that if we do but number these kings alredy named that haue reigned in this second race from king Pepin downwards vnto Hugh Capet vvhich are about 17. or 18. kings in 238. yeares vve shal finde that not some few but the most part of them did both enter and enioy ther crownes and dignities contrary to the law of lyneal discent and of next succession by blood Wherof also ther would not vvant diuers examples in the third and last discent since Hugo Capetus tyme if we would passe further to examine the stories ther-of For not to go further downe then to the very next discent after Hugh which vvas king Robert his sonne Girard affirmeth in his story that of his two sonnes which he had named Robert and Henry Robert the elder vvas put back and his yonger brother Henry
Polydor that wrote in king Henry the 8. his tyme and others that haue followed him since do take al right from the house of Lancaster and giue the same to the house of Yorke wherfore the best waye I suppose wil be not so much to consider vvhat historiographers do say according to their affections or interests as vvhat reasons and profes be alleged of euery side for that by this we shal more easely come to iudge where the right or wrong doth lye First therfore the defendors of the house of Yorke do alleage that their title is playne and euident for that as in the former chapter hath bin declared Richard duke of Yorke first pretender of this house vvhose father vvas sonne to Edmond Langley duke of Yorke fourth sonne of king Edward the third and his mother Anne Mortimer that vvas neece once remoued and sole heyre to Leonel duke of Clarence second sonne of the said king Edward this Richard I say duke of York pretended that for so much as he had tvvo titles ioyned together in himselfe and vvas lawful heyre as vvel to duke Leonel the second brother as to duke Edmond the fourth that he vvas to be preferred in succession of the crowne after the death of king Richard the second heyre of the first sonne of king Edward before the issue of Iohn of Gaunt that vvas but third sonne to the said king Edward and consequently that Hēry Bolenbrook Iohn of Gaunts sonne duke of Lancaster called afterward king Henry the fourth entred the crowne by tyrāny violēce first for deposing the true and lawful king Richard and secondly for taking the kingdome vppon himselfe vvhich kingdome after the death of the foresaid king Richard which happened in the yeare 1399 belonged to Edmond mortimer Earle of march then liuing and after his death to Anne Mortimer his sister marryed to Richard earle of Cābridge father to this Richard pretendent duke of Yorke as hath bin said for that this Edmond and Anne Mortimer were children to Roger Mortimer sonne of Phillip that vvas daughter to duke Leonel vvhich Leonel vvas elder vncle to king Richard and before Iohn of Gaunt the yonger brother vvhose sonne tooke the crovvne vppon him For the better vnderstanding of which pretence and allegation of the house of Yorke against Lancaster we must note the story following to wit that king Edward the third seing in his old age that prince Edward his eldest sonne whom of al his children he loued most dearly was deade though their vvanted not much doubt in some mēs heads as after shal be shewed vvho ought to succede yet the old man for the exceeding affection he bare to the dead prince vvould heare nothing in that behalfe but appointed Richard the said prince Edwards only sonne and heyre to succed him in the kingdome and made the same to be confirmed by act of parlament and inforced al his children then a liue to svveare to the same which were Iohn of Gaunt duke of Lancaster his third and eldest sonne that then liued for Leonel his second sonne duke of Clarence vvas dead before and Edmond Langley and Thomas Woodstock earles at that tyme but after dukes of Yorke Glocester so king Richard reigned with good obedience of his vncles and their children for 20. yeares together but in the end when he grew insolent had put to death his vncle the duke of Glocester together vvith the earle of Arundel and banished many others of the nobility and among them the Archbishop of Canterbury as also his owne cosin germaine Henry duke of Hereford after of Lancaster sonne and heyre of Iohn of Gaunt and had made many wicked statutes aswel against the church and state Ecclesiastical as also to intangle the realme and nobility with fayned crymes of treason against his regaltie as then he termed them the principal men of the realme seing a fit occasion offred by the kings absence in Ireland called home out of France the foresaid Henry duke of Lancaster vvith the Archbishop of Canterbury earles of Arundel and Warwick and others which vvere in banishment and by common consent gathered vppon the suddaine such an army to assist them in Ingland as they took the king brought him to London and there in a parlament laying together the intollerable faults of his gouerment they depriued him of al regal dignity as before they had done to his great grandfather king Edward the second then by vniuersal consent of the parlament and people their present they chose admitted the said Henry duke of Lancaster to be their king vvho continewed so al the daies of his life and left the crowne vnto his sonne and sonnes sonne after him by the space of threescore yeares vntill this Richard before named duke of Yorke made chalenge of the same in manner and forme as before hath bin shewed Now then the storie being this the question is first whether Richard the second were iustly deposed or no and secondly whether after his deposition the house of Yorke or house of Lācaster should haue entred and thirdly if the house of Lancaster did commit any wronge or iniustice at their first entrance to the crowne yet whether the continuance of so many yeares in possession vvith so many approbations and confirmations therof by the common vvealth vvere not sufficient to legitimate their right Concerning vvhich points many things are alleaged by the fauourers of both families and in the first pointe touching the lawfulnes or vnlawfulnes of king Richards deposition three articles especially do seeme most considerable to wit about the thing in it selfe whether a lawful king may be deposed vppon iust causes secōdly about these causes in king Richards deposition to vvit vvhether they vvere iust or sufficient for deposition of the said king and lastly about the manner of doing it vvhether the same were good and orderly or not And touching the first of these three pointes vvhich is that a king vppon iust causes may be deposed I thinke both parties though neuer so contrary betweene themselues vvil easely agree and the Ciuil lawyer seemeth to me to haue proued it so euidently before throughout his vvhole discourse as I thinke very litle may be said against the same For he hath declared if you remember both by reason authority examples of al nations Christian that this may and hath and ought to be done vvhen vrgent occasions are offred And first by reason he sheweth it for that al kingly authority is giuen them only by the common wealth that with this expresse condition that they shal gouerne according to law and equity that this is the cause of their exaltation aboue other men that this is the end of their gouerment the butt of their authority the starr and pole by vvhich they ought to direct their sterne to witt the good of the people by the vveale of their subiects by the benefite of the realme
after for keping of his oth that he had made vnto his father neuer pretended any right to the crowne yet king Richard knowing vvel the pretence that he and his might haue vvas stil afraid of him and sought infinite meanes to be rydd of him first by perswading him to goe and make vvarr in Spaine vvher he thought he might miscarry in so dangerous an attempt and then offering to giue him al Aquitaine if he vvould leaue Ingland to goe liue there as he did for three yeares vvith extreme peril for that the people of Aquitaine would not receaue him but rose against him and refused his gouerment and vvould not admitt him for their Lord but appealed to the king vvho also allowed therof and so vvhen Iohn of Gaunt came home into Ingland againe kinge Richard thought no better way to vveaken him then to banish his sonne Henry duke of Herford and so he did And besides this the said king Richard practised also by diuers secret drifts the death of his said vncle the duke of Lancaster as Walsingham witnesseth and vvhen the said duke came at lenghte to dye which vvas in the 22. yeare of king Richards raigne he vvrote such ioyous letters therof as frossard saith to his father in law the sixt Charles king of France as though he had bin deliuered of his chiefest enemy not immagining that his owne distructioÌ„ was so neere at hand and much accelerated by the death of the said duke as it was And these vvere the causes say the fauorers of the house of Lancaster why king Richard caused this acte of parlament to passe in fauour of Roger Mortimer in preiudice of the house of Lancaster and not for that the right of earle Mortimer vvas better then that of the duke of Lancaster And this they say is no new thing for princes often tymes to procure partial lawes to passe in parlament for matter of succession according to their owne affections for the like say they did Edward the third procure in the fauour of this Richard as before I haue shevved in the last parlament before his death and afterward againe king Richard the third vvith much more open 〈◊〉 caused an act of parlament to passe in his dayes vvherby his nephew Iohn de la pole earle of Lincolne sonne to his sister Elizabeth duchesse of Suffolke vvas declared heyre apparent to the crowne excluding therby the children of his two elder brothers to vvit the daughters of king Edward the fourth and the sonne and daughter of Georg duke of Clarence vvhich yet by al order should haue gone before their sisters children And like facilitie founde king Henry the 8. to get the consent of two parlaments to giue him authority to appointe what successor he would of his owne kynred by which authority afterward he apointed by his testament as in an other place shal be shewed that the issue of his yonger sister mary should be preferred before the issue of his eldest sister Margaret of Scotland A like declaration was that also of king Edward the sixt of late memory vvho appointed the lady Iane Gray his cosen germane remoued to be his heyre and successor in the crowne of Ingland and excluded his owne tvvo sisters the lady Mary and the lady Elizabeth from the same but these declaratioÌ„s make litle to the purpose vvhen right and equity do repugne as these men say that it did in the fore said declaratioÌ„ of Roger Mortimer to be heyre apparent for that they hold and auow the house of Lancaster to haue had the true right to enter not only after the death of king Richard the second as it did but also before him that is to say immediatly vppon the death of king Edward the third for that Iohn of Gaunt vvas then the eldest sonne which king Edward had lyuing and neerer to his father by a degree then vvas Richard the nephew About vvhich pointe to wit vvhether the vncle or the nephew should be preferred in succession of kingdomes it seemeth that in this age of K. Edward the third there vvas great trouble and controuersy in the world abroad for so testifieth Girard du Haillan Counceler and secretary of France in his story of the yeare of Christ 1346. vvhich vvas about the middest of king Edwards reigne and therfore no maruaile though king Edward tooke such care of the sure establishing of his nephew Richard in succession as is before related And much lesse maruail is it if king Richard had stil great ielosy of his vncle the duke of Lancaster and of his ofspring considering how doubtful the question vvas among the wise and learned of those dayes For more declaration vvher-of I thinke it not amisse to alleage the very vvordes of the foresaid chronicler with the examples by him recited thus then he vvriteth About this tyme sayeth he their did arise a great and doubtful question in the world whether vncles or nephewes that is to say the yonger brother or els the children of the elder should succed vnto realmes and kingdomes vvhich coÌ„trouersy put al christianity into great broyles and troobles For first Charles the secoÌ„d king of Naples begar of Mary his wife Queene and heyre of Hungary diuers children but namely three sonnes Marrel Robert and Phillip 〈◊〉 dying before his father left a sonne named Charles vvhich in his grandmothers right vvas king also of Hungary but about the kingdome of Naples the question vvas vvhen king Charles was dead who should succeed him either Charles his nephew king of Hungary or Robert his second sonne but Robert vvas preferred and reygned in Naples and enioyed the earldome of Prouince in France also for the space of 33. yeares vvith great renowne of valor wisdome And this is one example that 〈◊〉 recounteth vvhich example is reported by the famoê° lawyer 〈◊〉 in his commentaries touching the succession of the kingdome of Sicilia and he saith that this succession of the vncle before the nephew vvas auerred also for rightful by the learend of that tyme and confirmed for inst by the iudicial 〈◊〉 of Pope Boniface and that for the reasons which afterward shal be shewed vvhen vve shal treat of this question more in particuler An other example also reporteth Girard vvhich 〈◊〉 immediatly after in the same place for that the forsaid king Robert hauing a sonne named Charles which dyed before 〈◊〉 he left a daughter and heyre named Ioan neece vnto king Robert which Ioan was married to Andrew the yonger sonne of the foresaid Charles king of Hungary but king Robert being dead ther stept vp one Lewis prince of Tarranto a place of the same kingdome of Naples who vvas sonne to Phillip before mentioned vonger brother to king Robert vvhich Lewis pretending his right to be better then that of Ioan for that he vvas a man and one degree neerer to king Charles his grand father then Ioan was for that he was nephew
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
or collegiate church is remayned on foote vvith the rents and dignities therunto apperteyning and vvhen our nobilytie shal remember how the nobilitie of Scotland is subiect at this day to a few ordinary and common ministers vvithout any head vvho in their synodes and assemblies haue authority to put to the horne and driue out of the realme any noble man vvhatsoeuer vvithout remedy or redresse except he vvil yeald and humble himselfe to them and that the king himselfe standeth in avve of this exorbitant and populer povver of his ministers and is content to yeld therunto it is to be thought say these men that few Inglish be they of vvhat religion or opinion so-euer vvil shevv themselues forvvard to receaue such a King in respect of his religion that hath no better order in his ovvne at home and thus much concerning the King of Scotland Now then it remayneth that we come to treat of the lady Arbella second branch of the house of Scotlād touching whose title though much of that vvhich hath bin said before for or against the king of Scotland may also be vnderstoode to apparteyne vnto her for that she is of the same house yet shal I in this place repeat in few wordes the principal points that are alleaged in her behalfe or preiudice First of al then is alleaged for her and by her fauourers that she is descended of the foresaid lady Margaret eldest daughter of king Henry the seuenth by her second marriage vvith Archibald Duglas earle of Anguys and that she is in the third degree only from her for that she is the daughter of Charles Steward vvho was sonne to Margaret Countesse of Lenox daughter to the said lady Margaret Queene of Scots so as this lady Arbella is but neece once remoued vnto the said Queene Margaret to vvit in equal degree of discent vvith the king of Scots vvhich king being excluded as the fauorers of this vvoman do affirme by the causes and arguments before alleaged against hym no reason say they but that this lady should enter in his place as next in blood vnto him Secondly is alleaged in her behalfe that she as an Inglish vvoman borne in Ingland and of parents vvho at the tyme of her birth vvere of Inglish alleageance vvherin she goeth before the king of Scots as hath bin seene as also in this other principal pointe that by her admission no such inconuenience can be feared of bringing in strangers or causing troobles sedition vvith-in the realme as in the pretence of the Scotish king hath bin considered and this in effect is al that I haue heard alleaged for her But against her by other competitors and their frendes I haue hard diuers arguments of no smale importance and consideration produced vvherof the first is that vvhich before hath bin alleaged against the king of Scotlād in like māner to wit that neither of them is properly of the house of Lancaster as in the genealogie set downe in the third chapter hath appeared And secondly that the title of Lācaster is before the pretence of Yorke as hath bin proued in the fourth chapter wherof is inferred that neythere the king of Scots nor Arbella are next in successiō and for that of these two propositiōs ther hath bin much treated before I remitte me therunto only promising that of the first of the tvvo vvhich is how king Henry the seuēth vvas of the house of Lancaster touching right of succession I shal handle more particulerly afterward vvhen I come to speake of the house of Portugal vvherby also shal appeare playnly vvhat pretence of succession to the crowne or duchy of Lancaster the discendentes of the said king Henry can iustely make The second impediment against the lady Arbella is the aforesaid testament of king Henry the eight and the two acts of parlaments for authorising of the same by al vvhich is pretended that the house of Suffolke is preferred before this other of Scotland A third argument is for that there is yet liuing one of the house of Suffolk that is neerer by a degree to the stemme to vvit to Hēry the seuenth to vvhom after the discease of her Maiesty that now is we must returne then is the lady Arbella or the king of Scots and this is the lady Margeret countesse of Darby mother to the present earle of Darby vvho was daughter to lady Elenor daughter of Queene Mary of France that vvas second daughter of king Henry the seuēth so as this lady Margaret coūtesse of Darby is but in the third degree from the said Henry wheras both the king of Scotland and Arbella are in the fourth and consequently she is next in propinquitie of blood how greatly this propinquity hath bin fauoured in such cases though they vvere of the yōger liine the examples before alleaged in the fourth chapter do make manifest Fourthlie and lastely and most strongly of al they do argue against the title of this lady Arbella affirming that her discent is not free from bastardly vvhich they proue first for that Queene Margaret soone after the death of her first husband king Iames the fourth marryed secretly one Steward lord of Annerdale which Steward vvas alyue longe after her marriage vvith Duglas and consequently this second marriage vvith Duglas Steward being aliue could not be lawful vvhich they do proue also by an other meane for that they saie it is most certaine and to be made euident that the said Archibald Duglas earle of Anguis had an other vvife also aliue vvhen he married the said Queene vvhich points they say vvere so publique as they came to king Henries eares vvhervppon he sent into Scotland the lord William Howard brother to the old duke of Norfolke and father to the present lord Admiral of Ingland to enquire of these pointes and the said lord Howard founde them to be true and so he reported not only to the king but also aftervvards many tymes to others and namely to Queene Mary to vvhom he vvas lord Chamberlayne and to diuers others of vvhom many be yet liuing which can and will testefy the same vppon the relation they heard from the-sayd lord Williams owne mouthe vvheruppon king Henry vvas greatly offended and would haue letted the marriage betweene his said sister and Duglas but that they were married in secret and had consummate their marriage before this was knowne or that the thing could be preuented vvhich is thought vvas one especial cause and motiue also to the said king afterward to put back the issue of his said sister of Scotland as by his fornamed testament is pretended and this touching Arbellas title by propinquitie of byrthe But besides this the same men do alleage dimers reasons also of inconucnience in respect of the common vvealthe for vvhich in their opinions it should be hurtful to the real me to admitt this lady Arbella for Queene as first of al for that she is a
opinion or ghesse about future matters and what may be the successe of these affaires for besides that I am no prophet or sonne of prophet to know things to come I do see that the very circumstances of coniecture which are the only foundation of al prophesie which in this case can be made are so many and variable as it is hard to take hold of any of them Thus he said and fayne would haue left of heere but that the whole company opposed themselues with great vehemencie against it and sayde that he must needes performe his promisse made at the beginning of this speech to giue his censure verdite in the end what he thought would be the successe of al these matters wherunto he answered that seing no nay would serue he would breifly quit himselfe by these few woordes following First of al said he my opinion is that this affayre cannot possibly be ended by any possibility moral without some warr at least vvise for some tyme at the beginning wherof my reasons be these that do ensew This matter cannot be disputed and determyned duringe the life of the Queene that now is without euident danger of her person for the reasons that al mē do know importinge suche perils as are wont to follow like cases of declaring heyres apparent especially her maiestie the present possessor growing now to be old without hope of issue This declaration and determination of the heyre apparent to the crowne if it should be made now would moue infinit humors and affections within the realme and it were to sturr coles and to cast fyerbrands ouer all the kingdome and further perhapps also vvhich now lye raked vp and hidden in the embers This determination thoughe it should be made now by parlament or authority of the present Prince would not ende or take away the roote of the controuersie for aloeit some that should be passed ouer or put backe in their pretences would hold their peace perhapps for the tyme present yet afterward would they bothe speake and spurne when occasion is offred This declaration now if it were made would be hurtful and dangerous for him that should be declared for on the one side it would put the Prince regnant in great 〈◊〉 and sufpiction of him and on the other side would ioyne and arme al the other pretenders and their fauourers agaynst him and so we reade that of two or three only that in al our histories are recounted to haue byn declared heyrs apparent to the crowne they being no kinges children none of them euer came to reigne as namely duke Arthur of Britany Roger Mortimer earle of March and Iohn de la Poole earle of Lincolne and Henry marques of Exeter as before hath bin declared Agayne the multitude of pretenders being such as it is their pretentions so ambiguous as hath bin declared it is to be presupposed that none or few of them vvil presently at the beginning cast away their hope forgoe their tittles but wil prooue at least wise what frends will stand vnto them and how matters are like to go fot or agaynst them especially seing they may do it without danger no law being against them and their rightes and pretenses so manifest that no man can say they do it of ambition only or malice treason or conspiracy against others and for this assaye or first attempt armes are necessary More-ouer if any man in processe of tyme would forgoe or giue ouer his title as it is to be imagined that diuers wil at length and many must for that one only can speed yet to the ende he be not suddenly oppressed or laid handes on at the beginning by his aduersary parte or made away as in such cases is wont to succeede it is very likely that each pretender for his owne safety and defence wil arme himselfe and his frendes at the beginning for that better conditions wil be made with armor in handes then when a man is naked or in the power of his aduersary and no doubt but the more pretenders shal stand together armed at the beginning the easyer and the surer peace wil be made with him that shall preuaile for that they being many with whom he hath to compounde he will respect them the more yeald to more reasonable and honorable conditions then if their were but one he weake that should resist for that a fault or displeasure is more easily pardoned to a multitude to a potent aduersary then to one or two alone that are of lesse accompt And on the other side the perill of these other pretenders that should not preuaile being common to them al would knyt them better together for their owne defence in liuing vnder the person that should preuaile and reigne and he would beare more regard vnto them as hath bin said and this both for that they should be stronger by this vnion to defend themselues and he that reigneth should haue lesse cause to suspect feare them to worke treason agaynst him for that they are many and consequently not so easy to agree betwcene thēselues who should be preferred if the other were pulled downe which to the person regnant would be also a ground of much securitye These are my reasons and coniectures why it is like that armes wil be taken at the beginning in Ingland before this controuersie can be decided My second proposition and coniecture is that this matter is not like to come easely to any great or mayne battel but rather to be ended at length by some composition and general agreement my reasons for this be these First for that the pretenders be many and their powers and frends lying in diuers and different partes of the realme and if their were but two then were it more probable that they would soone come to a battel but being many each one vvil feare the other and seke to sortifie himselfe where his owne strength lyeth and especially towardes the portes and sea side for receauing of succours as easely may be done by reason of the multitude of competitors as hath bin said which vvil cause that at home the one will not much vrge or presse the other at the beginning but euery part attend rather to strenghthen it selfe for the tyme. A second reason of this is for that the forrayne Princes and states rounde about vs are like to be much deuided in this matter some as pretendents for themselues or their kynred frends and others as fauourers of this or that party for religion so as their will not vvant presently offers of helpes and succours from abroade which succours albeit they should be but meane or smalle at the beginning yet vvill they be of much importance vvhen the forces at home be deuided and vvhen their shal be different portes harbors and holdes ready within the lande to receaue and harbour them so as I take it to be most likely that
primogenitura Genes 15 49 Deut. 21. 15. 2. Patalip 21. 3. Exod. 3. 2. Rom. 9. 13. Genes 28 27. Tvvo points to be noted Genes 29 49. Exod. 1. 2. Reg. 5. 1. Paral. 3. Tvvo cases resolued The remede of inconueniences by succession Election succession do helpe the 〈◊〉 thothen Ansvver to the 〈◊〉 principal questions 〈◊〉 〈◊〉 to be 〈◊〉 VVhat an heyre apparent is before 〈◊〉 coronatiō Examples of tnatiage VVhat respect is devv to an heyre apparent VVhy Princes do cōpt ther yeares from the death of ther predecessors Girard de Haillan l. 3. de l'estate pag. 241. No heyre apparent K. before his coronation An euident Argument A rare example of King Henry V. Polydor. virg lib. 22. hittor Angliae in vita Henrici V. Stovv in the beginning of the life of king Henry V. Notes of this act 2. 3. 4. Admissiō of more importan ce then successiō See ther lastvvords to ther frendes in Sir Tho Moore Stovv VVhy diuer kings caused ther sonnes to be crovvned in ther ovvne dayes Hirrd du Haillan lib. 6. hist. an 1001. An. 1032. An. 1061. An. 1131. An. 1180. 3. Reg. 1. Polyd. Stovv in vita Henrici 11. The occasion of the next chapter The Ciuilian cloyed vvith copy Obiectiēs The example of the Ievves 3. Reg. 8. King Saule 2. Reg. 2. 21. An obiection ansevered 2. Reg. 9. King Dauid made by electiō 2. Reg. 2. 5. Psal. 131. 2. Paral. 6. Adonias the elder sonne relected 3. Reg. 1. The motiues of Adonias 〈◊〉 to King Dauid to make Salomō his successor 3. Reg. 1. The coronation of Salomon 〈◊〉 Reg. 1. A poynt to be noted The manner of admission of the prince Roboam 3. Reg. 12. 3. Reg. 11. 5. Reg. 12. 21. Foure races of Spanish Kings Ambros. moral Lib. 11. 〈◊〉 c. 12. 2. Race Ambros. moral lib. 13. c. 3 Moral lib. 37. e. 42. 43. 44. 3. Race Garibay lib 20. c. 〈◊〉 4. 〈◊〉 Examples of the first race Concil Tol. 3. c. 3. Conc. tol 4. cap. 74. Examples of the 2. race Episcop Tuyens l. 1. histoin Ludou de Molin li. de hared King Don Pelayo Ambros Mor 1. 13. cap. 6. 9. 10. Sebast. Epise Salam in hift Hisp. K. Don Alonso y Dö fruela Moral li 13. cap. 17 An. 768. Many breaches of succession Moral e. 21. King Don Aurelio King Don Sile. King Don Alonso the chast Mor I 15. cap. 25. A strange deliberation Great authoritie of comon vvealth K. Alonso the chast reyneth the secōd tyme. Moral e. 28. 29. An. 791. Moral li. 13. cap. 45 46. Anno 842. A horible tribute King Dō Ramiro 1 by election Moral e. 51. The kingdom of Spayne a Maiorasgo K. Don Ordonio An. 924. Moral 1. 16. cap. 1. An. 924. Don Alonso 4. Don Ramiro Moral lib. 19 cap. 20. An. 930. Don Ordonio 3. An. 950. Don Sancho 1. Moral l. 16. cap. 29 An. 950. Mor. l. 17. c. 1. 2. 3. 4. The end of the race of Don Pelayo Of the disceues follovving Spanish examples in the second discent 〈◊〉 1201 Carib li. 11. cap. 12 37. Lady Elenor an Inglish vvoman Q. of Spayne Garib l. 13. cap. 10 An 1207. An Inglish Qgrād mother to tvvo king saints at once An other brech of successiō The Cerdas put bark from the crovvne 1276. Garabay l. 15. c. 1. an 1363. Many alterations of lineal discent Dō Iohn the first a bastard made king of Portugal Garib l. 15 cap 22. li. 34. c. 39. Of the state of france An. 419. An. 751. An. 988. Examples of the 2. rancke of French Kings King Pepin by election An. 751. K. Charles by election Girard du Haillan l. 3. an 768. Eginard Belfor li 2. cap. 5. The vncle preferred before the nephevv Paul mili hist. Franc. King Luys de bonnaire An. 814. Girard l. 5 An. 834. An. 840 An. 878. Baudin en la Chroni que pag. 119. Girard l. 1 An. 879. Tvvo bastards pre ferred An. 881. Luys faineant K. of France An. 886. Charles 4 le Gros. King of France Girard li. 5. An. 888 Odo a king and after Duke of vvhom came Hugo Capetus Rafe 1. King of France An. 927. An. 929 Luys 4. d'Outremer The true geyre of France excluded Hugh Capet othervvise Snatch cappe 988 Belfor li. 3. cap 1. An. 988. Defence of Hugh Capetus title The embassage of the states of France vnto Char les of Loraine Girard 1. 6 an 988. Note this comparison Examples out of the third tyme of France Girard li. 6. an 1032 K. Henry 〈◊〉 preferred before his elder brother VVilliam conqueror hovv he came to be duke of Normandie Girard 1. 6. Anno 1032. 1037. Sonnes excluded for the fathers offences Girard lib. 7. An. 1110. Belfor l. 4 c. 1. l. 5 Cōmzus in comen tar l. 1. in vita Ludouic 11. Examples of the realme of Ingland Diuers races of Inglish Kinges Thename of Ingland and Inglish King Egbert the first monarch of Inglād Polidor hist. aug li. 4. in fine An. soz King Pepin of France king Adel vvolfe An. 829. King Alfred 872. King Edvvard elder An. 900. King Aleston the Bastard 〈◊〉 An. 924. Polid. 1. 5. hist. Angl. Stovv pag. 130. An. 924. King Edmond r. An. 940. The vncle preferred before the nephevvs 946. Polid. 1. 6. Stovv in his chronicles Edgar a famous king King Edvvard Martirized K. Etheldred 978. Polid. 1. 7. hist. Ang. K. Edmēd 〈◊〉 Quere Emma mother to King Edward the 〈◊〉 Many breches of lineal succestiō Sonnes of King Edmond Ironside King Canutus the first 〈◊〉 King Edvvard the confessor made K. against right of successiō Prince Edvvard the out lavv and his children put back Polyd l 8. Harald second K. by election 1066. Polid. vbi sup VVilliam Duke of Normādy King of Ingland An. 1066. by election Girard li. 6. an 1065 Chron. Cassin l. 3. cap. 34. Antoninus part z. chron tit 16. cap. 5. 9. 1. Examples after the conquest Polyd. in vita Gul. Conq. VVilliam Rufus King An. 1087. Henry 1. An. 1100 Mathild the empresse King Stephen entred against successiē 1135. An act of parlamēt about successiē 1153. King Richard and king Iohn 1190. Prince Ar tur put back Tvvo sisters of prince Artur Duke of Britaine K. Iohn and his sonne reiected 1216. The titles of york Lācaster The con clusion of this-chapter Causes of excluding Princes VVhe must iudge of the lavvful causes of exclusiōs Open iniustice to be resisted VVhat are the cheete pointes to be regarded in a princes ad mission VVhence the reasons of admitting or re iecting a prince are to be taken Girard li. 3. de l'Estar pag. 242. Three principal points to be considered VVhy he resolueth to treat of religion principally The cheef end of a common vvealth supernatural Philosophers and lavv makers vvhat end they had of ther doings The com mon vvealth of beastes The natu ral end of mans cōmon vvealth Sacrifices and oblations by
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
dangers of this kynde of forrayne gouermēt are and so they do answere to al the reasons and arguments alleaged in the beginning of this chapter against 〈◊〉 gouerment that either they are to be vnderstood and verified only of the third kinde of forraine gouerment before declared which these men do confesse to be dangerous or els they are founded for the most parte in the error and preiudice only of the vulgar sorte of men who being once stirred vp by the name of stranger do consider no furder vvhat reason or not reason there is in the matter and this say these men ought to moue vvisemen litle for as the common people did ryse in tumult against the french for example in Sicilia and against the Inglish in France and against the Danes in Ingland so vppon other occasions would they do also against their owne countrymen and often tymes haue so done both in Ingland other wher when they haue bin offended or vvhen seditious heades haue offred themselues to leade them to like tumults so that of this they say litle argument can be made The like in effect they do answere to the examples before alleaged of the Grecian Philosophers and orators that were so earnest against strangers And first to Aristotle they say that in his politiques he neuer handled expresly this our question and consequently weyghed not the reasons on both sides and so left it neither decided nor impugned and he that vvas master to Alexander that had so many forraine countryes vnder him could not wel condemne the same and as for Demosthenes no maruaile though he were so earnest against king Phillip of Macedonia his entry vppon the citties of Greece both for that he was wel feede on the one side by the king of Asia as al authors do affirme to the end he should set Athens and other Grecian citties against king Phillip as also for that his owne common wealth of Athens vvas gouerned by populer gouerment wherin himselfe held stil the greatest svvaye by force of his tonge with the people and if any king or Monarch of what nation soeuer should haue come to commaund ouer them as Phillipps sonne king Alexander the great did soone after Demosthenes should haue had lesse authority as he had for that presently he was banished and so continued all the tyme that Alexander lived But if vve do consider how this state of the Athenians passed afterward vnder the great monarchy of Alexander and other his followers in respect that it did before when it liued in libertye and vnder their owne gouerment only he shal finde their state much more quiet prosperous and happie vnder the commandement of a strainger then vnder their owne by whom they vvere continually tossed and turmoyled with bralles emulations and seditions and oftentymes tirannized by their owne people as the bluddy contentions of their Captaines Aristides Themistocles Alcibiades Pericles Nicias and others do declare and as it is euident amonge other thinges by their wicked lavv of Ostracismus which vvas to banish for ten yeares vvhosoeuer were eminent or of more vvisdome vvealth valour lerning or authority among them then the rest albeit he had committed no crime or fault at al. And finally their hauing of thirtie most horrible and bloody tyrants at one time in their citye of Athens in steede of one gouernour dothe euidently declare the same saye these men and do make manifest how vaine and foolish an imagination it was that vexed them how to auoyd the gouerment of straingers seing that no strainge gouernour in the vvorld vvould euer haue vsed them as they vsed themselues or so afflict them as they afflicted themselues To the obiection out of Deutronomy vvhet God appoynted the Iewes to chuse a king only of their owne nation these men do answere that this was at that tyme when no nation besides the Iewes had true religion amonge them which pointe of religion the Ciuilian hath wel declared before in his last discourse to be the cheifest and highest thing that is to be respected in the admission of any magestrate for that it concerneth the true and highest ende of a common vvealth and of al humane society and for that the Gentiles had not this ornament of true religion but were al destitute generally therof the Iewes were forbidden 〈◊〉 only to choose a king of the Gentiles 〈◊〉 might peruert and corrupt them but also 〈◊〉 companie conuerse or eate and drinke vvith them and this vvas then but yet aftervvard vvhen Christ himselfe came into the vvorld and opened his church both to Iew and gentile he tooke away this restraynte so as now al Christian nations are alike for so much as apperteyneth vnto gouerment And cōsequently to a good and wise Christian man void of passion and fonde affection it litle importeth as often before hath bin said of vvhat country nation or linage his gouernour be so he gouerne wel and haue the partes before required of pietie religion iustice manhoode and other the like requisite to his dignitie degree and charge by which partes and vertues only his subiects are to receaue benefits and not by his country generation linage or kynred and this is so much as I haue to say at this ryme about this affaire OF CERTAYNE OTHER SECONDARY AND COLLATERAL LINES AND how extreme doubt-ful all these pretences be and which of al these pretendors are most like to preuaile in the end to get the crowne of Ingland CAP. X. AFter the lawyer had ended his discourse about forraine gouerment he seemed to be somwhat wearied and said he vvould passe no further in this affaire for that he had nothing els to saye but only to note vnto them that besides these principal titlers of the fiue houses mentioned of Scotland Suffolke Clarence Britanie and Portugal their were other secondary houses and lines also issued out of the houses of Lancaster and Yorke as also of Glocester Buckingam and some other as may appeare by the genealogies set downe before in the 2. and 3. chaptres of which lines sayd he their may be perhapps consideration had also by the common wealth when tyme shal come of choise or admission the matter standing so as the Ciuilian hath largly declared shewed before which is that vppon such iust occasions as these are the common vvealth may consult what is best to be done for her good and preseruation in admittinge this or that pretender seing that this is the end why al gouerment was ordeyned to benefite the publique And for so muche as their is such variety of persons pretendēts or that may pretend in the fiue houses alredy named as before hath byn declared which persons at least do make some dosen more or lesse and that besides these their want not others also of secondary houses as is euident as vvell by the former discourse as also by the arbor that of these matters is to be seen the lawyer turned