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
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
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
brothers sonne to Don Alonso the catholique vvas preferred and reigned peacably six yeares and then dying without issue for that the hatred of the spaniards was not yet ended against the memory of king Fruela they would not yet admit any of his generation but rather excluded them agayne the second tyme and admitted a brother in law of his named Don Silo that was married to his sister Dona Adosinda daughter to the fore said noble king catholique Alonso So that here we see twise the right heyres of king Don Fruela for his euel gouerment were put back But Don Silo being dead without issue as also Don Aurelio was before him and the Spaniards anger against king Fruela being now vvel assuaged they admitted to the kingdone his fore said sonne Don Alonso the yonger surnamed afterward the chast whom now twise before they had put back as you haue seene but now they admitted him though hisreigne at the first endured very litle for that a certayne bastard vncle of his named Don Mauregato by help of the moores put him out and reigned by force 6. yeares and in the end dying with out issue the matter came in deliberation againe whether the king Don Alonso the chaste that yet liued and had bin hidden in a monastary of Galitia during the tyme of the tyrāt should returne agayne to gouerne or rather that his cosen german Don vermudo sonne to his vncle the Prince Vimerano whom vve shewed before to haue byn slayne by this mans father king Fruela should be elected in his place And the realme of Spayne determined the second to vvit that Don Vermudo though he vvere much further of by propiuquity of blood and vvith in ecclesiastical order also for that he had bin made deacon should be admitted partly for that he vvas iudged for the more valiant and able Prince then the other vvho seemed to be made more acquainted now vvith the life of monkes and religious men then of a king hauing first bin brought vp among them for 10. or 12. yeares space vvhiles Don Aurelio and Don Silo reigned after the death of his father kinge Fruela and secondly agayne other six yeares during the reigne of the tyrant Mauregato for which cause they estemed the other to be fitter as also for the differēt memories of there tvvo fathers king Fruela and prince Vimerano wherof the first vvas hateful the other most deare as before hath bin declared nether do any of the foure ancient Bishops historiographers of Spayne to wit that of Toledo Besa Salamanca or Ture that liued al about those dayes wrote the storie reprehend this fact of the realme of spaine or put any doubt whether it were lawful or no for the causes before recited Trew it is that after three yeares reigne this king Vermudo being weary of kingly life and feeling some scruple of conscience that being deacon he had forsaken the life ecclesiastical and maryed though by dispensation of the pope as Morales sayeth and entangled himselfe vvith the affaires of a kingdome he resigned vvillingly the gouerment vnto his said Cosen Don Alonso the chast and himselfe liued after a priuate life for diuers yeares but this Don Alonso vvho now the fourth tyme had bin depriued of his succession as you haue seene deceaued the expectation of the spaniards that accoūpted him a monke for he proued the most valiāt and excellent king that euer that nation had both for his vertue valor victories against the moores buylding of townes castells churches Monasteries and other such workes of Christianity as Morales recounteth and be reigned after this his last admission one and fyftie yeares had great frendship vvith king Charles the great of France who liued in the same tyme with hym And this man among other most noble exploites so tamed the Moores of his country as during his dayes he neuer paid that cruel and horrible tribute which before after was paide by the christians to the Moores which was a hundred yong maidens and fiftie sonnes of Gētlemen euery yeare to be brought vp in the religiō of Mahomet amōg those infidel tyrants And finally this man after so much afflictiō came to be one of the most renoumed Princes of the world After this Don Alonso vvho left no children for that he would neuer marry but liued al his life in chastitye ther succeded to him by electiō his nephew named Don Ramiro sonne to the former said king Don Vermudo the deacon that gaue this man the crowne as you haue hard of whose electiō morales writeth these woords Muerto el Rey Don Alonso el casto fue eligido por los 〈◊〉 y grandes del reyno el Rey Don Ramiro primero deste nombre hyio del Rey Don vermudo el diaeono That is the king Don Alōso the chast being dead ther vvas chosen king by the Prelates nobility of the realme Don Ramiro the first of this name sonne of king Vermudo the deacon who resigned his crowne to Don Alonso and it is to be noted that albeit this Don Ramiro vvas next in blood to the succession after the death of his vncle Don Alonso without children yet vvas he chosen by the states as here it is said in expresse vvordes Moreouer it is to be noted that albeit this author Ambrosio Morales and other spanish writers do say that in the tyme of this king Ramiro the law of succession by propinquity in blood vvas so reuiued and strongly confirmed that as the kingdome of Spayne was made as Maiorasgo as he termeth it which is an inheritance so intayled and tyed only to the next in blood as ther is no possibility to alter the same and that frō this tyme forward the king alwayes caused his eldest sonne to be named king or Prince so euer to be sworne by the realme nobilitie yet shal vve find this ordinance and succession oftentymes to haue byn broken vppon seueral considerations as this author himselfe in that very chapter confesseth As for example after foure discents from this man vvhich were Don Ordonio the first this mans sonne and Don Alonso the third Don Garzia and Don Ordonio the second al fower kings by orderly succession it happened that in the yeare of christ 924. Don Ordonio the second dying left foure sonnes and one daughter lawfully begotten and yet the state of spayne displaced them al and gaue the kingdome to ther vncle Don Fruela second brother to there father Don Ordonio and morales sayeth that ther appeareth no other reason heerof but only for that these sonnes of the king disceased vvere yong and not so apt to gouerne vvel the realme as ther vncle was But after a yeares reigne this king Fruelae dyed also left diuers children at mans estate and then did the spaniards as much agaynst them as they had done for him before against the children of his elder brother
the longest liuer should haue al wheruppon the said Canutus tooke the tvvo children of king Edmond Ironside named Edmond and Edward and sent them ouer into Sweuelād which at that tyme vvas subiect also vnto him and caused them to be brought vp honorably of vvhich two the elder named Edmond dyed without issue but Edward vvas maried and had diuers children as after shal be touched Etheldred and his sonne Edmond being dead Canutus the Dane was admitted for king of England by the vvhole parlament consent side as hath bin said and this the third breache of lineal discent But this notwithstanding Alerud being slayne prince Edward was made king tanta publica laetitia saith Polidor vt certatim pro eius faelici principatu cuncti vota facercnt That is he vvas made king vvith such vniuersal ioy and contentment of al men as euery man contended who should pray and make most vowes to God for his happie reygne and according to this was the successe for he vvas a most excellent prince and almost miraculously he reygned with great peace and void of al war at home and a broad for the space of almost 20. yeares after so infinit broyles as had bin before him and insued after hym and yet his title by succession can not be iustified as you see for that his eldest brothers sonne was the aliue to wit prince Edward surnamed the outlaw vvho in this kinges reygne came into Ingland and brought his vvife and three lawful children with him to wit Edgar Margaret Christian but yet vvas not this good king Edward so scrupulous as to giue ouer his kingdome to any of them or to doubt of the right of his owne title vvhich he had by election of the common wealth against the order of succession This king Edward being dead without issue Polidor saith that the states made a great consultation whom they should make king and first of al it semeth they excluded him that was only next by propinquity in blood vvhich vvas Edgar Adelin fonne to the said prince Edward the outlaw now departed and nephew to king Edmond Ironside and the reason of this exclusion is alleaged by Polidor in thes vvordes is puet id aetatis nondum regno gubernando maturus erat That is he bing a child of so smale yeares vvas not ripe enough to gouerne the kingdome and then he saith that Harald sonne of Earle Goodwin by the daughter of Canutus the first proclaymed himselfe king and more ouer he addeth Non displicait omnino id factum populo qui plurimum spei in Haraldi virtute habebat itaque more maiorum sacratus est vvhich is this fact of Harald displeased not at al the people of Ingland for that they had great hope in the vertue of this Harald so vvas he annoynted and crowned according to the fassion of the anciēt kings of Ingland by which vvordes vve may fee that Harald had also the approbation of the realme to be king notwith standing that lytle Edgar vvas present as hath bin said so as this was the fourth breach of succession at this tyme. But in the meane space William Duke of Normandy pretended that he vvas chosen before by king Edward the Confessor and that the realme had giuen their consent therunto and that king Edward left the same testified in his last wil and testament and albert none of our Inglish authors do auow the same cleerly yet do many other forrayne writers hold it and it semeth very probable that some such thing had past both for that duke William had many in Ingland that did fauor his pretence at his entrance as also as Girard in his French storie saith that at his first comming to London he punished diuers by name for that they had broken their othes and promises in that behalfe And moreouer it appereth that by alleaging this title of election he moued diuers princes abroade to fauour him in that action as in a iust quarrel vvhich is not like they should haue done if he had pretended only a conquest or his title of consanguinity vvhich could be of no importance in the vvorld for that effect seing it was no other but that his grand father and king Edwards mother vvere brother and sister which could giue him no pretence at al to the succession of the crowne by bloode and yet vve see that diuers princes did assist him and among others the French chronicler Girard so often named before vvriteth that Alexander the second pope of Rome vvhos holines vvas so much estemed in those dayes as one Constantinus Afer wrote a booke of his miracles being informed by Duke William of the iustnes of his pretence did send him his benediction and a precious ring of gold vvith a hallowed banner by vvhich he gott the victory thus writeth Girard in his French chronicles and Antoninus Archbishop of Florence surnamed Sainct vvriting of this matter in his chronicles speaketh great good of William Cōqueror and commendeth his enterprise But howsoeuer this was the victory vve se he gat and God prospered his pretence and hath confirmed his of spring in the crovvne of Ingland more then 500. yeares together so as now accounting from the death of king Edmond Ironside vnto this man we shal finde as before I haue said in lesse then 50. yeares that 5. or 6. kings vvere made in Ingland one after another by only authority and approbation of the common wealth contrary to the ordinary course of lineal succession by propinquitie of blood And al this is before the conquest but if vve should passe any further downe we should finde more examples then before For first the two sonnes of the Conqueror himselfe that succeded after him to vvit william Rufus and Henry the first were they not both yonger brothers to Robert Duke of Normandie to whom the most part of the realme vvas inclined as Polydor sayth to haue giuen the kingdome presently after the Conquerors death as devv to him by succession notwithstanding that VVilliam for particuler displeasure against his elder sonne had ordeyned the contrary in his testament But that Robert being absent in the war of Hierusalem the holy and lerned man Lanfranke as he vvas accompted then Archbishop of Canterbury being deceaued vvith vaine hope of VVilliam Rufus good nature perswaded them the contrary who vvas at that day of high estemation authority in Ingland and so might induce the realme to do what he liked By like meanes gat Henry his yonger brother the same crowne afterwards to wit by faire promises to the people and by helpe principally of Henry Newborow Earle of warwick that dealt with the nobility for him and Maurice bishop of London with the cleargie for that Anselme Archbishop of Cantetbury vvas in banishment Besides this also it did greatly healpe his cause that his elder brother Robert to vvhom the crowne by right apperteyned vvas absent againe
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
vvhich end being taken away or peruerted the king becommeth a tyrant a Tigar a fearse Lion a rauening wolfe a publique enimy and a bloody murtherer vvhich vvere against al reason both natural and moral that a common wealth could not deliuer it selfe from so eminent a distruction By authority also you haue heard it proued of al law-makers Philosophers Lawyers Diuines and Gouernours of common vvealthes vvho haue set downe in their statutes and ordonances that kings shal sweare and protest at their entrance to gouerment that they vvil obserue and performe the conditions their promised otherwise to haue no interest in that dignity soueraintie By examples in like manner of al realmes christian he declared how that often-tymes they haue deposed their princes for iust causes and that God hath concurred and assisted wonderfully the-same sending them commonly very good kings after those that vvere depriued and in no country more then in Ingland it selfe yea in the very lyne and familye of this king Richard vvhose noble grand-father king Edward the third vvas exalted to the crowne by a most solemne deposition of his predecessor king Edvvard the second vvherfore in this point their can be litle controuersie and therfore vve shal passe vnto the second vvhich is vvhether the causes vvere good and iust for which this king Richard vvas esteemed vvorthy to be deposed And in this second pointe much more difference their is betwixt Yorke and Lancaster and betwene the vvhite rose and the redd for that the house of Yorke seeking to make the other odious as though they had entred by tyrannie cruelty doth not stick to auouch that king Richard vvas vniustly deposed but against this the house of Lancaster alleageth first that the howse of Yorke cā not iustly saye this for that the chiefe prince assistant to the deposing of king Richard vvas lorde Edmond hymselfe duke of Yorke and head of that familie together with Edward earle of Rutland duke of Aumarle his eldest sonne and heyre yea and his yonger sonne also Richard earle of Cambrige father to this Richard that now pretēdeth for so do write both Stow Hollingshead and other chroniclers of Ingland that those princes of the howse of Yorke did principally assist Hēry duke of Lancaster in getting the crowne and deposing king Richard Polidor speaking of the wicked gouerment of king Richard and of the first cogitation about deposing him vvhen king Henry of Lancaster vvas yet in France banished and seemed not to thinke of any such matter he hath these words Sed Edmundo Eboracensium duei eares cum primis bilem commouit quod rex omnia iam iura peruerteret quòd antea parricidio postea rapinis se obstrinxisset c. That is this matter of the wicked gouerment of king Richard did principally offend his vncle Edmond duke of Yorke for that he saw the king novv to peruert al law and equity and that as before he had defiled himselfe vvith parricide that is with the murther of his owne Vncle the duke of Glocester brother to this Edmond so now he intangled himselfe also vvith rapine in that he tooke by violence the goods and inheritance of Iohn ofGaunt late deceased vvhich did belong to Henry duke of Lancaster his cosen germaine by which wordes of Polidor as also for that the duke of Lancaster cōming out of Britayne accompaned only with three score persons as some stories say chose first to goe into Yorke-shire and to enter at Rauenspurr at the mouthe of Humber as al the vvorld knoweth which he would neuer haue done if the princes of Yorke had not principally fauoured him in that action al this I say is an euident argumēt that these princes of the house of Yorke were then the chiefe doers in this deposition and consequently cannot alleage now with reason that the said Richard was deposed vniustly Secondly the house of Lancaster alleageth for the iustifying of this deposition the opinions of al historiographers that euer haue written of this matter vvhether they be Inglish French Duch Latine or of any other nation or language vvho al with one accord do affirme that king Richards gouerment vvas intolerable he worthy of deposition wherof he that wil se more let him reade Thomas of Walsingham and Iohn Frosard in the life of king Richard Thirdly they of Lancaster do alleage the particuler outrages and insolences of king Richards gouerment and first the suffring himselfe to be carryed away with euil counsel of his fauorites and thē the peruerting of al lawes generally vnder his gouerment as before you haue hard out of Polidor the ioyning vvith his my niōs for opressing the nobility of which Stow hath these vvordes The king being at Bristow with Robert de Vere duke of Ireland Michael de la Pole Earle of Suffolke deuised how to take away the duke of Glocester the earles of Arundel VVarwick Darby and Notingham and others whose deathes they conspired thus sayeth Stow. And soone after they executed the most par of their deuises for that Thomas of Woodstock duke of Glocester vvas made away vvithout law or processe the earle of Arundel also vvas put to death and VVarwick vvas banished and so was also Thomas Arundel Archbishop of Canterbury by like injustice and the like was done to Henry duke of Hereford and after of Lancaster and among other insolences he suffred Robert Vere to dishonour and put from him his vvife a noble and goodly yong Lady as Stow sayeth and borne of Lady Isabel king Richards aunt that vvas daughter to king Edward the third and suffred Vere to marry an other openly to her disgrace and dishonour of her kynred And finaly in the last parlament that euer he held which vvas in the 21. yeare of his reigne commonly called the euel parlament he would needs haue al authority absolute graunted to certaine fauourits of his which Thomas Walsingham saith were not aboue 6. or 7. to determine of all matters vvith al ful authority as if they only had bin the vvhole realme vvhich vvas nothing in deede but to take al authority to him selfe only and Stow in his chronicle hath these wordes following This parlameut began about the 15. of September in the yeare 1397. at the beginning wherof Edward Stafford Bishop of Exceter Lord Chancellor of Ingland made a proposition or sermon in which he affirmed that the power of the king was alone and perfit of it selfe and those that do impeatch it were worthy to suffer paine of the law c. thus saith Stow by al vvhich is euident how exorbitant and contrary to al law and equity this kinges gouerment vvas Fourthly and lastly those of Lancaster do alleage for iustifying of this depriuation that duke Henry vvas called home by expresse lettres of the more and better part of al the realme and that he came vvholy in a manner vn-armed considering his person for that
vvith the king of Castiles daughter and had by her a sonne called Denyse vvho reigned after him and his successors vnto this day al which succession of kinge Denyse his posteritie the said Queene mother would haue improued and shevved that it apperteyned to her by the said Raphe for this cause sent she to Portugal one lord Vrban bishop of Comince in Gasgonie to plead her cause vvhich cause of hers vvas quicklie reiected and only the forsaide fiue princes discended of king Emanuels children were admitted to tryal for the same which vvere Don Antonio sonne of lord Lewis the king Cardinals elder brother and king Phillip of Spayne sonne of lady Elizabeth the eldest sisteof t he said Cardinal and Philibert duke of Sauoy sonne of the lady Beatrix the same Cardinals yonger sister and the two duchesses of Parma and Bragansa named Mary and Catherine daughters of lord Edward yonger brother of the said Cardinal and yongest child of king Emanuel And for that the lady Mary duchesse of Parma vvhich vvas the elder of the tvvo daughters vvas dead before this controuersie fel out her eldest sonne lord Ranutio now duke of Parma pretended by her right to the said crowne And for that this matter vvas of so great importance euery parte procured to lay downe their reasons and declared their rightes in the best manner they could and such as could not be present themselues in Portugal sent thither their agentes Embassadors and Atturneys to plead their causes for them Don Antonio and the duchesse of Bragansa as inhabitants of that kingdome were present and declared their pretences namely Don Antonio by himselfe and for himselfe and the lady Mary of Bragansa by her husband the duke and his learned councel The prince of Parma sent thither for his parte one Ferdinande Farnese bishop of Parma The duke of Sauoy sent Charles of Rouere aftervvard made Cardinal The king of Spaine as the greatest pretender sent the lord Peter Gyrō duke of Osuna afterward Viceroy of Naples Syr Christopher de Mora knight of his chamber at that tyme but since of his priuye councel and lately made earle of Castel Rodrigo in Portugal of vvhich country he is natiue and besides these two a great lawyer named Roderigo Vasques made since as I heare saye lord President of Castil vvhich is as much almost as lord Chancelor vvith vs. Al these did lay forth before the king Cardinall their seueral reasons and pretensions to the succession of the crowne of Portugal for the fiue persons before mentioned whereof two vvere quickly excluded to wit the duke of Sauoy for that his mother was yonger sister to king Phillips mother and himselfe also of lesse age then the said king And secondly Don Antonio was also excluded by publike and iudicial sentence of the king Cardinal his vncle as illegitimate and borne out of lawful wedloke and albeit Dō Antonio denyed the same and went about to proue hym selfe legitimat affirming that his father the lord Lewis before his death had married with his mother in secret and for this brought forth some witnesses as namely his mothers sister with her husband and two others yet the king Cardinal affirmed that vppon examinatiō he had found them to be suborned vvhich he said vvas euident to him partly for that they agreed not in their speeches and partly for that some of them had confessed the same to wit that they were suborned vvhom he cast into prison and caused them to be punished and so sitting in iudgement accompained with fower bishopes and fower lawyers vvhō he had called to assist him in this cause he pronounced the same Don Antonio to be a bastard for vvhich the Authors that I haue read about this matter which are principally two the first named Hierom Franke a gentleman of Genua who wrote ten bookes in Italian of the vnion of the crowne of Portugal to the crowne of Castilia and the second is named Ioanes Antonius Viperanus a Sicilian as I take him who wrote one booke only in latine de obtenta Portugallia à rege Catholico Phillippo of Portugal gotte by king Phillip the Catholike both these bookes I say out of vvhom principally I haue taken the pointes which heere I wil touch do seuerally set downe the causes following vvhy the king Cardinal did reiect the pretence of Don Antonio before al other pretenders and pronounced him a bastard First for that he had byn euer so taken al the tyme of his fathers life and no man euer dowted therof or called the matter in question vntil now that himselfe denyed the same Secondly for that in the tyme of Iulius Tertius the Pope when certayne decres came out from Rome against the promotion of bastardes the same Dō Antonio sued to the said Pope to be dispensed with al in that case vvhich argueth that then he knew himselfe not legitimate Thirdly that his father the lord Lewis had often tymes both by word and writing testified the same that this Antonye vvas his bastard and had signified also so much in his last vvil testament Fourthly the said Cardinal as of himselfe also affirmed that if his brother the lord Lewis had euer dōne any such thinge as to marry this Woman who was but base in birth and of the Iewish race as these stories do affirme that it is like that he would haue made some of his owne frendes kynred acquainted therwith as a matter so much important for them to know but he neuer did though the said Cardinal auowed that himselfe was present vvith him at his death Fiftly he said that if Don Antonio had bin legitimate how happened that he did not pretend the succession before the Cardinal himselfe next after the death of king Sebastian seing that he vvas to haue gone before the said Cardinal by as good right as his other nephew Sebastian did if he had bin legitimate for that he vvas sonne also to the Cardinales elder brother as hath bin saide Sixtly lastly the said king Cardinal auowched against Don Antonio partly the disagreeing and partly the open confessing of the vvitnesses that they were suborned by him vppon al vvhich causes and considerations he proceeded to the iudicial sentence before alleaged Thus passed the matter in the case of Don Antonio vvho if he had bin legitimate no doubt but by al right he should haue bin preferred before al the other pretenders to the crowne of Portugal and must be at this day towards the crowne of Ingland before al those that pretend of the house of Portugal if vve graunt him to be legitimate and much more clearly may he pretend to the dukedome of Lancaster as before hath bin declared for that it must discend to the lawful heyre of lady Phillip Queene of Portugall wherof enseweth also one consideration not impertinent to vs in Ingland that seing we hold him there for true king of Portugal I see not
wherof the first he hath in that he is a man and the other in that he is a Prince For this cause then al common wealthes haue prescribed lawes vnto their Princes to gouerne therby as by a most excellent certayne immutable rule to which sense Cicero said leges sunt inuentae vt omnibus semper vna 〈◊〉 voce loquerentur lawes were inuented to the ende they should speake in one and the 〈◊〉 same sense to al men For which very reason in lyke maner thes lawes haue bin called by Philosophers a rule or square inflexible and by Aristotle in particular a mynde without passion as hath bin said but the Prophet Dauid who was also a Prince king semeth to cal it by the name of Discipline for that as discipline doth keepe al the partes of a man or of a particuler house in order so law vvel ministred keepeth al the partes of a common vvealth in good order and to sheow how seuerely God exacteth this at al Princes handes he sayth these wordes And now learne ye kinges and be instructed you that iudge the world serue God in feare and reioyse in him with trembling embrace ye discipline least he enter into wrath and so ye perish from the way of righteousnes Which wordes being vttered by a prophet and king do conteyne diuers poynts of much cōsideration for this purpose as first that kings and Prince are bound to learne law and discipline and secondly to obserue the same vvith great humility and feare of Gods wrath and thirdly that if they do not they shal perish frō the way of righteousnes as though the greatest plage of al to a Prince weare to lose the way of righteousnes law and reason in his gouerment and to giue himselfe ouer to passion and his owne vvil whereby they are suer to come to shipwrack and thus much of the first helpe The second help that common wealthes haue giuen to their kings and Princes especially in later ages hath bin cerrayne councelles and councellors with whom to consult in matters of most importance as we see the parlaments of Ingland and France the courtes in Spayne and diets in Germany vvithout which no matter of great moment can be concluded and besides this commonly euery king hath his priuy councel whom he is bound to heare and this vvas done to temper somwhat the absolute for me of a Monarchy whose danger is by reason of his sole authority to fal into tiranny as Aristotle vvisely noteth in his fourth booke of politiques shewing the incōuenience or dangers of this gouerment vvhich is the cause that vve haue few or no simple monarchies now in the world especially among Christians but al are mixt lightely with diuers pointes of the other two formes of gouerment also and namely in Ingland al three do enter more or lesse for in that ther is one king or Queene it is a monarchy in that it hath certayne councelles which must be hard it participateth of Aristocratia and in that the commonalty haue their voices and burgesses in parlament it taketh part also of Democratia or populer gouerment al which limitations of the Princes absolute authority as you see do come for the common wealth as hauing authority aboue their Princes for their restraint to the good of the realme as more at large shal be proued hereafter From like authority and for like considerations haue come the limitations of other kings and kingly povver in al tymes and countries from the beginning both touching themselues and their posterity and successors as breefly in this place I shal declare And first of al if we vvil consider the tvvo most renoumed and allowed states of al the world I meane of the Romans and Grecians vve shal finde that both of them began vvith kings but yet vvith far different lawes and restraints about their authorityes for in Rome the kings that succeded Romulus their first founder had as great and absolute authority as ours haue now a dayes but yet their children or next in blood succeded them not of necessity but new kings were chosen partly by the senate and partly by the people as Titus Liuius testifieth so as of three most excellent kings that ensewed immediatly after Romulus to wit Numa Pompilius Tullius Hostilsus Tarqninus Priscus none of them were of the blood royal nor of kyn the one to the other no nor yet Romans borne but chosen rather from among straingers for their vertue and valor and that by election of the senate and consent of the people In Greece and namely among the lacedemonians which vvas the most emynent kingdom among others at that tyme the succession of children after their fathers was more certayne but yet as Aristotle noteth ther authority power was so restrayned by certayne officers of the people named Ephori which commonly vvere fiue in number as they were not only checked and chastined by them if occasion serued but also depriued and some tymes put to death for which cause the said philosopher did iustly mislike this emynent iurisdiction of the Ephori ouer their kings but yet hereby we see vvhat authority the common wealth had in this case and what their meaning vvas in making lawes and restrayning their kings power to wit therby the more to binde them to do iustice which Cicero in his offices vttereth in tbes vvordes Iustitiae fruendae causae apud maiores 〈◊〉 I se Asia in Europe bene morati regesolint sunt constituti c. at cum ius aequabile ab vno viro 〈◊〉 non consequerentur inuentae sunt leges Good kings vvere appoynted in old tyme among our ancestors in Asia and Europe to the end therby to obteyne iustice but when men could not ob teyne equal iustice at one mans handes they inuented lawes The same reason yealdeth the same philosopher in another place not only of the first institution of kingdomes but also of the chainge therof agayne into other gouerments when thes vvere abused Omnes antiquae gentes regibus 〈◊〉 paruerunt c. That is al old nations did liue vnder kingdomes at the beginning which king of gouerment first they gaue vnto the most iust and wisest men which they could finde and also after for loue of them they gaue the same to their posterity ot next in kynne as now also it remayneth vvher kingly gouerment is in vse but other countries which liked not that forme of gouerment and haue shaken of haue done it not that they wil not be vnder any but for that they wil not be euer vnder one only Thus far Cicero and he speaketh this principally in deferice of his-owne cornmō wealth I meane the Roman which had cast of that kinde of gouerment as before hath bin said for the offence they had taken agaynst cessayne kings of thers and first of al agaynst 〈◊〉 himselfe their first founder for 〈◊〉