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A56468 A conference about the next succession to the crown of England divided into two parts : the first containeth the discourse of a civil lawyer, how and in what manner propinquity of bloud is to be preferred : the second containeth the speech of a temporal lawyer about the particular titles of all such as do, or may, pretend (within England or without) to the next succession : whereunto is also added a new and perfect arbor and genealogy of the descents of all the kings and princes of England, from the Conquest to the present day, whereby each mans pretence is made more plain ... / published by R. Doleman. Parsons, Robert, 1546-1610.; Allen, William, 1532-1594.; Englefield, Francis, Sir, d. 1596? 1681 (1681) Wing P568; ESTC R36629 283,893 409

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by the name of King Vermudo the Second who left after him Don Alonso the Fifth and he again his son Don Vermudo the Third who marrying his sister Dona Sancha that was Heir unto Don Ferdinando the first Earl and then King of Castile who was second son to Don Sancho Mayor King of Navar as before hath been said he join'd by these means the Kingdoms of Leon and Castile together which were separate before and so ended the line of Don Pelayo first Christian King of Spain after the entrance of the Moors which had endured now three hundred years and the Bloud of Navar entred as you see and so continued therein until the entrance of those of Austria as before hath been said which was almost five hundred years together And thus much I thought good to note out of the Histories of Spain for this first descent of the Spanish Kings after the entrance of the Moors neither mean I to pass much further both for that it would be too long as also for that mine Author Morales who is the most diligent that hath written the Chronicles of that Nation endeth here his History with King Vermudo the Third and last of the Gothish Bloud Notwithstanding if I would go on further there would not want divers evident Examples also to the same purpose which Stephen Garabay another Chronicler of Spain doth touch in the continuation of this History whereof for Examples sake only I will name two or three among the rest And first about the year of Christ 1201. there was a Marriage made by King John of England for Dona Blancha his Neece that is to say the daughter of his Sister Dame Eleanor and of Don Alonso the Ninth of that name King and Queen of Spain which Blancha was to marry the Prince of France named ●uys Son and Heir to King Philip sirnamed Augustus which Luys was afterwards King of France by the name of Luys the VIII and was Father to Luys the IX sirnamed the Saint This Lady Blancha was Neece as I have said unto King John and to King Richard the First of England for that her Mother Lady Eleanor was their sister and daughter to King Henry the Second and King John made this Marriage thereby to make peace with the French and was content to give for her Dowry for that he could not tell how to recover them again all those Towns and Countreys which the said King Philip had taken from the English by this King 's evil Government in Normandy and Gascony and moreover promise was made that if the Prince Henry of Spain that was the only brother to the Lady Blanch should die without issue as after he did then this Lady should succeed in the Crown of Spain also But yet afterwards the State of Spain would not perform this but rather admitted her younger sister Dona Berenguela married to the Prince of Leon and excluded both Blanch and her son the King S. Luys of France against the evident Right of Succession and propinquity of Bloud and the only Reason they yielded hereof was not to admit Strangers to the Crown as Garabay testifieth This happened then and I do note by the way that this Dona Berenguela second Daughter of Queen Eleanor the English Woman was married as hath been said to the Prince of Leon and had by him Don Fernando the Third of that name King of Castilia sirnamed also the Saint So as the two Daughters of an English Queen had two Kings Saints for their sons at one time the elder of France and the younger of Spain After this again about threescore years the Prince of Spain named Don Alonso sirnamed de la cerda for that he was born with a great gristle-hair on his breast called Cerda in Spanish which Don Alonso was Nephew to the King Fernando the Saint and married with the Daughter of Saint Luys King of France named also Blancha as her Grand-mother was and had by her two Sons called Alonso and Hornando de la cerda as the Prince their Father was named which Father of theirs dying before the King the Grand-father left them commended to the Realm as lawful Heirs apparent to the Crown yet for that a certain Uncle of theirs named Don Sancho younger Brother to their Father which Don Sancho was sirnamed afterwards el bravo for his valour and was a great Warriour and more like to manage well the matters of War than they he was made Heir apparent of Spain and they put back in their Grand-fathers time and by his and the Realms consent their father as I have said being dead and this was done in a General Parliament holden at Segovia in the year 1276. And after this Don Sancho was made King in the year 1284 and the two Princes put into prison but afterwards at the suit of their Uncle King Philip the Third of France they were let out again and endued with certain Lands and so they remain unto this day and of these do come the Dukes of Medina Celi and all the rest of the House of Cerda which are of much Nobility in Spain at this time and King Philip that reigneth cometh of Don Sancho the younger Brother Not long after this again when Don Pedro sirnamed the Cruel King of Castile was driven out and his bastard brother Henry the Second set up in his place as before hath been mentioned the Duke of Lancaster John of Gant having married Dona Constantia the said King Peter's daughter and Heir pretended by Succession the said Crown of Castile as indeed it appertained unto him but yet the State of Spain denied it flatly and defended it by Arms and they prevailed against John of Gant as did also the race of Henry the Bastard against his lawful Brother and the race of Don Sancho the Uncle against his lawful Nephews as hath been shewed and that of Dona Berenguela against her elder Sister all which Races do reign unto this day and these three Changes of the True Line happened within two Ages and in the Third and principal descent of the Spanish Kings when this matter of Succession was most assuredly and perfectly established and yet who will deny but that the Kings of Spain who hold by the latter Titles at this day are true and lawful Kings Well one Example will I give you more out of the Kingdom of Portugal and so will I make an end with these Countreys This King Henry the Bastard last named King of Spain had a son that succeeded him in the Crown of Spain named John the First who married the Daughter and Heir named Dona Beatrix of King Fernando the First of Portugal but yet after the death of the said King Fernando the States of Portugal would never agree to admit him for their King for not subjecting themselves by that means to the Castilians and for that cause they rather took for their King a Bastard
John his Father and Lowys the Prince of France chosen in his place but that the death of King John did alter that Course intended by the English Nobility so as this matter is neither new nor unaccustomed in all foreign Countreys and now will I pass also a little to our English Stories to see whether the like may be found in them or no. And first of all that the Realm of England hath had as great Variety Changes and Diversity in the Races of their Kings as any one Realm in the World it seemeth evident for that first of all after the Britains it had Romans for their Governours for many years and then of them and their Roman Bloud they had Kings again of their own as app●areth by that Valiant King Aurelius Ambrosius who resisted so manfully and prudently the Saxons for a time after this they had Kings of the Saxon and English Bloud and after them of the Danes and then of the Normans and after them again of the French and last of all it seemeth to have returned to the Britains again in King Henry the Seventh for that his Father came of that Race and now you know there be Pretenders of divers Nations I mean both of Scotish Spanish and Italian Bloud so that England is like to participate with all their Neighbours round about them and I for my part do feel my self much of the French opinion before-alledged that so the Ship be well and happily guided I esteem it not much important of what Race or Nation the Pilot be but now to our purpose I mean to pass over the First and Antient Ranks of Kings as well of the British and Roman as also of the Saxon Races until King Egbert the first of this name King of the West Saxons and almost of all the rest of England besides who therefore is said to be properly the first Monarch of the Saxon Bloud and he that first of all commanded that Realm to be called England which ever since hath been observed This man Egbert being a young Gentleman of a Noble House in the West parts of England was had in jealousy by his King Britricus who was the sixteenth King from Cerdicius first King of the West Saxons as he was also the last of his Bloud And for that he suspected that this Egbert for his great Prowess might come in time to be chosen King he banish'd him into France where he lived divers years and was a Captain under the famous King Pepin that was Father to Charles the Great and hearing afterwards that King Britricus was dead he returned into England where Polydor saith omnium consensu Rex creatur that he was created or chosen King by consent and voice of all men though yet he were not next by Propinquity of Bloud Royal as is most evident and yet he proved the most Excellent King that ever the Saxons had before or perhaps after and his Election happened in the Year of Christ eight hundred and two when King Pepin the first of that Race reigned as hath been said in France so as this Monarchy of Egbert and that of Pepin whereof we have alledged so many Examples in the former Chapter began as it were together and both of them I mean both Pepin and Egbert came to their Crowns by Election of the People as here you see This King Egbert or Egbrich as others do write him left a lawful Son behind him named Elthelwolfe or Adelvulfe or Edolph for all is one who succeeded him in the Kingdom and was as Worthy a man as his Father and this Adelvulfe again had four lawful Sons who all in their turns succeeded by just and lawful Order in the Crown to wit Ethelbald Ethelbert Ethelred and Alfred for that none of the former Three had any Children and all the latter Three were most Excellent Princes especially Alfred or Alvred the Last of all Four whose Acts are wonderful and who among other his Renowned Gests drove Rollo that Famous Captain of the Danes from the Borders of England with all his Company into France where he got the Countr●y or Province named then Neustria and now Normandy and was the first Duke of that Province and Nation and from whom our William Conquerour came afterwards in the sixth Descent This man erected also the Vniversity of Oxford being very Learned himself builded divers goodly Monasteries and Churches and dying left as famous a Son behind him as himself which was Edward the First sirnamed the Senior or Elder This King Edward dying left two Sons lawfully begotten of his Wife Edigna the one named Prince Edmund and the other Eldred and a Third Illegitimate whose name was Adelstan whom he had by a Concubine But yet for that this man was esteemed to be of more valor than the other he was preferred to the Crown before the Two other Princes Legitimate for so testifieth Polidor in these words Adelstanus ex concubina Edwardi filius Rex à populo consalutatur atque ad Kingstonum oppidum more majorum ab Athelmo Can●uariensi Archiepiscopo coronatur which is Adelstan the Son of King Edward by a Concubin was made King by the People and was Crowned according to the old custom by Athelme Archbishop of Canterbury at the Town of Kingston Thus far Polidor and Stow addeth further these words His Coronation was celebrated in the Market-place upon a Stage erected on high that the King might better be seen of the Multitude he was a Prince of worthy memory valiant and wise in all his Acts and brought this Land into one perfect Monarchy for he expelled utterly the Danes and quieted the Welchmen Thus much Stow of the Success of Chusing this King Bastard to Reign To whose Acts might be added that he conquered Scotland and brought Constantine their King to do him homage and restored ●uy d' Outremer his Sisters son to the the Kingdom of France as before hath been signified This man dying without Issue his Lawful Brother Edmond put back before was admitted to the Crown who being of excellent expectation dyed after six years and left two Lawful Sons but yet for that they were young they were both put back by the Realm and their Uncle Eldred was preferred before them so saith Polidor Genuit Edmondus ex Egilda uxere Eduinum Edgarum qui cum aetate pueri essent post Eldredum deinde regnarunt King Edmond begat of his Wife Egilda two Sons named Edwin and Edgar who for that they were but children in years were put back and Reigned afterwards after their Vncle Eldred The like saith Stow and yieldeth the same reason in these words Eldred succeeded Edmond his Brother for that his Sons Edwin and Edgar were thought too young to take so great a Charge upon them This Eldred though he entred as you see against the Right of the Nephews yet lay Polidor and
Constance as also by divers other participations of the Bloud-Royal of England as afterwards will appear Now then to come to the second Daughter of King William the Conquerour or rather the third for that the first of all was a Nun as before hath been noted her name was Adela or Alice as hath been said and she was Married in France to Stephen Count Palatine of Champagne Charters and Bloys by whom she had a Son called also Stephen who by his Grand Mother was Earl also of Bullaine in Picardy and after the death of his Uncle King Henry of England was by the favour of the English Nobility and especially by the help of his own Brother the Lord Henry of Bl●is that was Bishop of Winchester and Jointly Abbot of Glastenbury made King of England and this both in respect that Mathilda Daughter of King Henry the first was a Woman and her Son Henry Duke of Anjou a very child and one degree farther off from the Conqueror and from King Rufus then Stephen was as also for that this King Henry the first as hath been signified before was judged by many to have entred wrongfully unto the Crown and thereby to have made both himself and his posterity incapable of Succession by the violence which he used against both his elder Brother Robert and his Nephew Duke William that was Son and Heir to Robert who by nature and Law were both of them hold for Soverains to John by those that favoured them and their pretentions But yet howsoever this were we see that the Duke of Britainy that lived at that day should evidently have succeeded before Stephen for that he was descended of the elder Daughter of the Conqueror and Stephen of the younger though Stephen by the commodity he had of the nearness of his Port and Haven of Bullain into England as the French stories do say for Calis was of no importance at that time and by the friendship and familiarity he had goten in England during the Reign of his two Uncles King Rufus and King Herny and especially by the he●p of his Brother the Bishop and Abbot as hath been said he got the start of all the rest and the states of England admitted him This man although he had two Sons namely E●stachius Duke of Normandy and William Earl of Norfolk yet left they no Issue And his Daughter Mary was Married to Matthew of Flanders of whom if any Issue remains it fell afterwards upon the House of Austria that succeeded in those States To King Stephen who left no Issue succeeded by composition after much War Henry Duke of Anjou Son and Heir to Mathilda before named Daughter of Henry the first which Henry named afterward the second took to his Wife Eleanor Daughter and Heir of William Duke of Aquitain and Earl of Poytiers which Eleanor had been Married before to the King of France Lewis the VII and bare him two Daughters but upon dislike conceaved by the one against the other they were Divorced under pretence of being within the fourth degree of Consanguinity and so by second Marriage Eleanor was Wife to this said Henry who afterwards was King of England by name of King Henry the II. that procured the death of Thomas Backet Archbishop of Canterbury and both before and after the greatest Enemy that ever Lewis the King of France had in the World and much the greater for his Marriage by which Henry was made far stronger for by this Woman he came to be Duke of all Aquitain that is of Gascony and Guiene and Earl of all the Country of Poytiers whereas before also by his Fathers inheritance he was Duke both of Anjou Touraine and Maine and his Mother Mathilda King Henries Daughter of England he came to be King of Enland and Duke of Normandy and his own industry he got also to be Lord of Ireland as also to bring Scotland under his homage so as he enlarged the Kingdom of England most of any other King before or after him This King Henry the II. as Stow recounteth had by Lady Eleanor five Sons and three Daughters His eldest Son was named William that dyed young his second was Henry whom he caused to be crowned in his own Life time whereby he received much trouble but in the end this Son dyed before his Father without issue His third Son was Richard sirnamed for his valour Cor de Leon who reigned after his Father by the name of Richard the I. and dyed without issue in the Year of Christ 1199. His fourth Son named Geffrey married Lady Constance Daughter and Heir of Britany as before hath been said and dying left a son by her named Arthur which was Duke of Britany after him and pretended also to be King of England but was put by it by his Uncle John that took him also Prisoner and kept him also in the Castle first of Fallaise in Normandy and then in Rouan until he caused him to be put to death or slew him with his own hands as French Stories write in the Year 1204 This Duke Arthur left behind him two Sisters as Stow writeth in his Chronicles but others write that it was but one and at least wise I find but one named by the French Stories which was Eleanor whom they say King John also caused to be murthered in England a little before her Brother the Duke was put to death in Normandy and this was the end of the Issue of Geffrey whose Wife Constance Dutchess of of Britany married again after this Murther of her Children unto one Guy Vicount of Touars and had by him two daughters whereof the eldest named Alice was Dutchess of Britany by whom the Race hath been continued unto our time The Fifth Son of King Henry the II. was named John who after the death of his Brother Richard by help of his Mother Eleanor and of Hubert Archbishop of Canterbury drawn thereunto by his said Mother got to be King and put back his Nephew Arthur whom King Richard before his departure to the War of the Holy Land had caused to be declared Heir apparent but John prevailed and made away both Nephew and Neece as before hath been said for which Fact he was detested of many in the World abroad and in France by Act of Parliament deprived of all the States he had in those parts Soon after also the Pope gave sentence of Deprivation against him and his own Barons took Arms to execute the sentence and finally they deposed both him and his young Son Henry being then but a Child of eight years old and this in the eighteenth year of his Reign and in the Year of Christ 1215. and Lewis the VIII of that name Prince at that time but afterwards King of France was chosen King of England and sworn in London and placed in the Tower though soon after by the sudden death of King John
were exasperated by the proceedings of their seventh King named Lucius Tarquinus surnamed the proud who for that as Livius saith he neglected the Laws of Government prescribed to him by the Commonwealth as namely in that he consulted not with the Senate in matters of great importance and for that he made War and Peace of his own head and for that he appointed to himself a Guard as though he had mistrusted the People and for that he did use Injustice to divers particular men and suffered his Children to be insolent he was Expelled with all his Posterity and the Government of Rome changed from a Kingdom unto the Regiment of Consuls after that the other had endured two hundred years And thus much for those Kingdoms of Italy and Greece And if likewise we will look upon other Kingdoms of Europe we shall see the very same to wit that every Kingdom and Country hath its Laws prescribed ●o their Kings by the Common-wealth both for their Government Authority and Succession in the same For if we behold the Roman Empire it self as it is at this day annexed to the German Electors though it be the first in dignity among Christian Princes yet shall we see it so restrained by particular Laws as the Emperor can do much less than other Kings in theirs for he can neither make War nor exact any contribution of Men or Money thereunto but by the free leave and consent of the German Dyet or Parliament and for his Children or next in Kin they have no Action Interest or Pretence at all to succeed in their Fathers Dignity but only by free Election if they shall be thought worthy Nay one of the chiefest points that the Emperor must swear at his entrance as Sleydan writeth is this That he shall never go about to make the Dignity of the Emperor peculiar or hereditary to his Family but leave it unto the seven Electors free in their power to chuse his Successor according to the Law made by Pope Gregory the fifth and the Emperor Charles the fourth in this behalf The Kingdoms of Polonia and Bohemia do go much after the same fashion both for their restraint of Power and Succession to their Kings For first touching their Authority they have great limitation neither can they do any thing of great moment without the consent of certain principal men called Palatines or Castellans neither may their Children or next of Bloud succed except they be chosen as in the Empire In Spain France and England the priviledges of Kings are far more eminent in both these points for that both their Authority is much more absolute and their next in Bloud do ordinarily succeed but yet in different manner For as touching Authority it seemeth that the Kings of Spain and France have greater than the King of England for that every Ordination of these two Kings is Law in it self without further approbation of the Commonwealth where no general Law can be made without consent of Parliament But in the other point of Succession it appeareth that the restraint is far greater in those other two Countries than in England for that in Spain the next in Bloud cannot succeed be he never so lawfully descended but by a new approbation of the Nobility and Bishops and States of the Realm as it is expresly set down in the two ancient Counsels of Tolledo the fourth and fifth In confirmation whereof we see at this day that the King of Spain's own Son cannot succeed nor be called Prince except he be first sworn by the said Nobility and States in token of their new consent and so we have seen it practiced in our days towards three or four of King Philip's Children which have succeeded the one after the other in the title of Princes of Spain and at every change a new Oath required at the Subjects hands for their admission to the said Dignity which is not used in the Kings Children of France or England In France the World knoweth how Women are not admitted to succeed in the Crown be they never so near in Bloud neither any of their Issue though it be Male. For which cause I doubt not but you remember how King Edward the third of England though he were Son and Heir unto a Daughter of France whose three Brethren were Kings and left her sole Heir to her Father King Philip the fourth surnamed the Fair yet was he put by the Crown as also was the King of Navar at the same time who was Son and Heir unto this Womans eldest Brothers Daughter named Lewis Huttin King of France which King of Navar thereby seemed to be before King Edward of England but yet were they both put by it and Philip de Vallois a Brothers Son of Philip the Fair was preferred to it by general Decree of the States of France and by Verdict of the whole Parliament of Paris gathered about the same Affair Neither did it avail that the two Kings aforesaid alledged That it was against Reason and Conscience and Custom of all Nations to exclude Women from the Succession of the Crown which appertained to them by propinquity of Bloud seeing both Nature and God hath made them capable of such Succession every where as appeareth by Example of all other Nations and in the Old Testament among the People of God it self where we see Women have been admitted unto Kingdoms by Succession But all this I say prevailed not with the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara Infanta of Spain unto the said Crown of France though by descent of Bloud there 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 against the Prince of Lorrain that now liveth though he be a Man and Nephew to the last King for that his Title is by a Woman to wit his Mother that was younger Sister unto the last King Henry of France And albeit the Law called Salica by the French-men by virtue whereof they pretend to Exclude the Succession of Women be no very ancient Law as the French themselves do confess and much less made by Pharamond their first King or in those ancient times as others without ground do afirm yet do we see that it is sufficient to bind all Princes and Subjects of that Realm to observe the same and to alter the course of natural descent and nearness of Bloud as we have seen and that the King of Navar 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 Crown though in nearness of Bloud they be farther off by many degrees from the last King Henry the third than either the foresaid Infanta of Spain or the Prince of Lorrain that now is who are Children of his
Succession or Right of Women which the Kingdom of France in it self doth not as is known and consequently a Woman may be Heir to the one without the other that is to say she may be Heir to some particular states of France inheritable by Women though not to the Crown it self and so do pretend to be the two Daughters of France that were Sisters to the late King Henry III. which Daughters were married the one to the King of Spain that now is who had Issue by her the Infanta of Spain yet unmarried and her younger Sister married to the Duke of Savoy and the other to wit the younger Daughter of the King of France was married to the Duke of Lorrain yet living by whom she had the Prince of Lorrain and other Children that live at this day This then being so clear as it is first that according to the common course of Succession in England and other Countries and according to the course of all Common Law the Infan●a of Spain should inherit the whole Kingdom of France and all other States thereunto belonging she being the Daughter and Heir of King Henry II. of France whose Issue-male of the direct line is wholly extinct but yet for that the French do pretend their Law Salique to exclude Women which we English have ever denied to be good until now hereby cometh it to pass that the King of Navarr pretendeth to enter and to be preferred before the said Infanta or her Sisters Children though Male by a Collateral Line But yet her favourers say I mean those of the Infanta that from the Dukedoms of Britany Aquitain and the like that came to the Crown of France by Women and are Inheritable by Women she cannot be in right debarred as neither from any Succession or Pretence to England if either by the Bloud-Royal of France Britany Aquitain or of England it self it may be proved that she hath any Interest thereunto as her favourers do affirm that she hath by these reasons following First for that she is of the ancient Bloud-Royal of England even from the Conquest by the elder Daughter of William the Conquerour married to Allain Fergant Duke of Britany as hath been shewed before in the second Chapter and other places of this Conference And of this they infer three Consequences First when the Sons of the Conquerour died without Issue or were made uncapable of the Crown as it was presumed at least-wise of King Henry I. last Son of the Conquerour that he lost his Right for the violence used to his elder Brother Robert and unto William the said Robert's Son and Heir they say these men ought the said Dutchess of Britany to have entred as eldest Sister Secondly they say That when Duke Robert that both by right of Birth and by express Agreement with William Rufus and with the Realm of England should have succeeded next after the said Rufus came to die in Prison the said Lady Constance should have succeeded him for that his Brother Henry being culpable of his Death could not in right be his Heir And thirdly they say That at least wise after the death of the said King Henry I. she and her Son I mean Lady Constance and Conan Duke of Britany should have entred before King Stephen who was born of Adela the younger Daughter of William the Conquerour Secondly they do alledge That the Infanta of Spain descendeth also lineally from Lady Eleanor eldest Daughter of King Henry II. married to King Alonso the ninth of that name King of Castile whose eldest Daughter and Heir named Blanch for that their only Son Henry died without Issue married with the Prince Lewis VIII of France who was Father by her to King St. Lewis of France and so hath continued the Line of France unto this day and joyned the same afterwards to the House of Britany as hath been declared So as the Infanta cometh to be Heir general of both those Houses that is as well of Britany as France as hath been shewed And now by this her descent from Queen Eleanor Daughter of King Henry II. her favourers do found divers Pretences and Titles not only to the States of Aquitain that came to her Father by a Woman but also to England in manner following First for Aquitain they say it came to King Henry II. by his Wife Eleanor Daughter of William Duke of Aquitain as before in the second Chapter at large hath been declared and for that the most part thereof was lost afterwards to the French in King John's time that was fourth Son to the aforesaid King Henry it was agreed between the said King John and the French-King Philip that all the States of Aquitain already lost to the French should be given in Dowry with the said Blanch to be married to Lewis VIII then Prince of France and so they were And moreover they do alledge That not long after this the same States with the residue that remained in King John's hands were all adjudged to be forfeited by the Parliament of Paris for the Death of Duke Arthur and consequently did fall also upon this Lady Blanch as next Heir capable of such Succession unto King John for that yet the said King John had no Son at all and for this cause and for that the said States are Inheritable by Women and came by Women as hath been often said these men affirm That at this day they do by Succession appertain unto the said Lady Infanta of Spain and not unto the Crown of France To the Succession of England also they make pretence by way of the said Lady Blanch married into France and that in divers manners First for that King John of England by the Murther of Duke Arthur of Britany his Nephew which divers Authors do affirm as Stow also witnesseth was done by King John's own hands he forfeited all his States though his right to them had been never so good and for that this Murther happened in the fifth year of his Reign and four years before his Son Henry was born none was so near to succeed at that time as was this Lady Blanch married into France for that she was Daughter and Heir unto King John's elder Sister Eleanor or the said Lady Eleanor her self Queen of Spain should have succeeded for that she yet lived and died not as appeareth by Stephen Garribay Chronicler of Spain until the year of Christ 1214. which was not until the fifteenth year of the Reign of King John and one year only before he died so as he having yet no Issue when this Murther was committed and losing by this forfeit all the right he had in the Kingdom of England it followeth that the same should have gone then to his said Sister and by her to this Lady Blanch her Heir and eldest Daughter married into France as hath been said which forfeit also of King John these men do confirm by his
which the Authors that I have read about this matter which are principally two the first Named Hierom Frank a Gentleman of Geno●a who Wrote ten Books in Italian of the Union of the Crown of Portugal to Castilia and the second is Named Joannes Antonius Viperanus a Sicilian as I take him who Wrote one Book only in Latine De obtenta Portugallia à Rege Catholico Phillippo of Portugal got by King Philip the Catholick both these Books I say out of whom principally I have taken the Points which here I will touch do severally set down the causes following why the King Cardinal did reject the pretence of Don Antonio before all other pretenders and pronounced him a Bastard First For that he had been ever so taken all the time of his Fathers Life and no man ever doubted thereof or called the matter in question until now that himself denyed the same Secondly for that in the time of Julius Tertius the Pope when certain Decrees came out from Rome against the promotion of Bastards the same Don Antonio Sued to the said Pope to be Dispensed withal in that Case which argueth that then he knew himself not Legitimate Thirdly that his Father the Lord Lewis had often times both by Word and Writing testified the same that this Antonio was his Bastard and had signified also so much in his last Will and Testament Fourthly The said Cardinal as of himself also affirmed that if his Brother the Lord Lewis had ever done any such thing as to Marry this Woman who was but Base in Birth and of Jewish Race as these Stories do affirm That it is like that he would have made some of his own Friends acquainted therewith as a matter so much Important Important for them to know but he never did though the said Cardinal avowed that himself was present with him at his death Fifthly he said that if Don Antonio had been Legitimate how happened that he did not pretend the Succession before the Cardinal himself next after the death of Sabastin seeing that he was to have gone before the said Cardinal by as good Right as his other Nephew Sabastian did if he had been Legitimate for that he was Son also to the Cardinals Elder Brother as hath been said Sixthly and lastly the said King Cardinal avowched against Don Antonio partly the disagreeing and partly the open confessing of the Witnesses that they were to be Suborned by him upon all which Causes and Considerations he proceeded to the Judicial Sentence before alledged Thus passed the matter in the Case of Don Antonio who if he had been Legitimate no doubt but by all Right he should have been preferred before all the other pretenders to the Crown of Portugal and must be at this day towards the Crown of England before all those that pretend of the house of Portugal if we grant him to be Legitimate and much more clearly may he pretend to the Dukedom of Lancaster as before hath been declared for that it must descend to the lawful Heir of Lady Phillipa Queen of Portugal whereof ensueth also one consideration not impertinent to us of England that seeing we hold him there for true King of Portugal I see not how we can deny him his Right to the said Dukedom at least of Lancaster whereof if we would give him but the possession with all the Appurtenances as they lye it were no evil entertainment for him in our Country until he could get the possession of the Crown in his own After the exclusions of these two pretenders to wit of the Duke of Savoy and of Don Antonio the whole controversy for Portugal remained between the other three which were the King of Spain Son of Lady Isabel eldest Daughter of King Emmanuel and the two Dutchesses of Parma and Bragansa Daughters of the younger Son of the said King Emmanuel to wit of the Lord Edward Infant of Portugal And First of all for that the eldest of these two Ladies to wit Mary Dutchess of Parma was now dead her Eldest Son Lord Ranutio now Duke of Parma entred in her place and alledged that he represented his Mother and she her Father Lord Edward which Lord if he had been alive he should no doubt have been preferred before his Elder Sister Lady Elizabeth Mother of King Philip and consequently that the said Lord Edward's Issue ought to be preferred before her Issue and this he alledged against King Philip. And against the Dutchess of Bragansa he alledged that his said Mother was the Elder Sister and for that cause he which now possessed her Right and represented her Person was to be preferred before the said Lady Katharine Dutchess of Bragansa so that the Foundation of this pretence of the Duke of Parma was that he was Nephew to the Lord Edward by his eldest Daughter and that to King Emmanuel he was Nephew once removed by his Son whereas King Philip was Nephew but by his Daughter only and that the Lady Katharine of Bragansa was only second Daughter to the said Lord Edward But to this was answered for the same Lady Katharine First that she was born and bred in Portugal and therefore more to be favoured in this Action than either King Philip or the Duke of Parma which were foreign born And secondly against King Philip In particular she used the same argument that before the Duke of Parma had done which is that she was Daughter of Lord Edward son of King Emmanuel whose Right was better than his Sisters and consequently that his Children were to be preferred before the Child of his Sister in this pretence to wit before King Philip. And thirdly against the Duke of Parma she alledged that she was one degree nearer in propinquity o● Blood unto King Emmanuel and unto King Henry the Cardinal than the Duke of Parma was which was but Nephew and she Daughter to the said Lord Edward that was Brother to the said Lord Cardinal and Son of King Emmanuel And when for the Duke of Parma it was affirmed that he represented his Mothers place that was the elder Sister answer was made that no Representation was admitted in this case of the Succession to the Crown of Portugal but that every pretender was to be considered and taken in his own person only and to be preferred according to degree in propinquity of Blood to the former Princes and if it happened that they should be in equal degree then each party to be preferred according to the Prerogatives only of his person to wit the Man before the Woman and the Elder before the Younger And for that the Lady Catharine of Bragansa was nearer by one degree 〈◊〉 her Father Lord Edward than was the Duke of Parma who was but Nephew therefore she was to be preferred and many great Books were written by Lawyers in this Ladies behalf and her Right was generally held in Portugal to be preferred before the other of Pa●ma
Thus say these men against admitting of Strangers and it seemeth that their opinion and affection hath many followers for that generally we see most men affected and inclined this way But yet on the other side there want not other men who appear both wise dis-passionate and grave that will seem to consider this matter far otherwise and do say that all this is but a common vulgar prejudice of passionate men against strangers rising partly by corruption of Nature whereby men are inclined to think evil of others and to bear them little affection especially such as Govern and bear rule over them and so much the less by how much farther off they are from us in Kindred and Acquaintance and partly also they say that the same riseth of lack of due consideration in the most part of men for that they weigh not the true Reasons Causes or Effects of things but only the outward shew and so do run away with the Opinion and Apprehension of the Popular which for the most part hath no other ground or foundation in it but only Fancy and Imagination or Incitation of others that endeavour to procure Tumults and so they say it falleth out in this point as upon examination it shall appear And for Proof and Declaration of this their Assertion they do require first of all that this ordinary and common prejudice against Strangers or strange Governments be laid aside so long at least as the matter is in Disputation and that only the true effects of good and profitable Government may be considered without that other circumstance whether these fruits do come from Stranger or Home-born Prince which effects are Peace Rest Justice Defence of the Innocent Punishment of the wicked Wealth Security and other such benefits that good Government is wont to bring with it to the Subjects These things say these men are to be weighed indifferently and without passion by Wise men and wheresoever these effects are more abundantly to be found there the Government is best and there the subjects are in best Case whatsoever the Governours be or of what Nation or Country soever they be And this they shew by this example following If in two Countries or Commonwealths lying nigh together the subjects of the one should live in all Ease Wealth and Prosperity under a stranger as divers states did under the Romans and in the other they should be Beaten Whipped and Afflicted under a home-born Prince as we read the Sicilians were under Phalaris and Dionisius their Country-men Tyrants clear it is say these men that the stripes and Afflictions would not seem the easier for that they come from a Natural Prince but rather the heavier and the others happy case under the Stranger must needs seem to be the better and consequently his Government rather to be wished For that in very Truth the goodness and defect of every Government is to be measured by the effects thereof that redound unto the Subjects for whose good it was first ordained as oftentimes our Friend the Civil Lawyer hath touched and proved before And when the Subjects do live well and prosperously are defended and maintained in Peace Safety and Wealth when Justice is done equally to all men the wicked punished and the good advanced and rewarded when God is honoured and true Religion maintained and vertue promoted this is that which importeth the Realm and Subjects and not where or in what Country the Prince and his Officers were Born or of what Nation Language or Kindred they be For that be the Prince of what Lineage or Kindred soever yet after he is once established in this Dignity the Common subject can have no more conversation with him nor receiv any more personal benefit of him then if he were a meer stranger except only by those common and publick effects of his Government before-mentioned for that so soon as he is placed in his Dignity he becometh a Stranger unto me little availeth it to me whether he be of my Blood and Country or no and I may say as the people of Israel in the like Case to Rehoboam for that he was King Davids Nephew and of the House of Jesse thought his State assured for that he was their Lord and Natural Prince and so might press and afflict them at his pleasure But they answered him plainly Quae nobis pars in David vel quae haereditas in filio Jesse what part have we in David or what Inheritance have we in the Son of Jesse and so they left him and rather chose to be under Jeroboam a Stranger and his Servant under him This then is the first point which these men do demand to wit that we consider equally and according to Reason Wisdom and Truth and without all Partial Affect on where and by whom and by what Government we are likest to receive and enjoy the good and happy effects above-mentioned of Prosperity to the Subject For that without all doubt say they that Government is to be deemed best and that Subjection Happiest where those Benefits are most enjoyed let the Prince or Governour be of what Nation Lineage soever And on the other side that must needs be the worst Government unto me where I shall reap fewest and participate least of those effects be the Prince never so much much my Countryman or Kinsman and though he were Born in the same City Town or House yea in the same Belly with me As for Example those men that lived say they in Spain under King P●ter the Cruel or in England under King Richard the third commonly called the Tyrant what did it avail them that those Princes were of their own Country or Blood seeing they did that unto them which a Stranger though never so Barbarous would scarce have done As in like manner all those Noble Houses before-mentioned in our Country of the Dela Pools Staffords Plantagenets and others destroyed by King Henry the Eight what availed it them that the said King was not only their Country-man but also their near Kinsman What profit or Commodity was it unto Thomas of Woodsto●k Duke of Glocester that he lived under a King that was his Nephew to wit King Richard the second or to George Duke of Clarence in King Edward the fourths time that the said King was his own Brother when both of them were Pursued Disgraced and put to Death by them and lost their Lives Lands Dignities Goodly Possessions Stately Mannors and Gorgeous Houses with their Wives Children and all other Felicities of this World which perhaps under a Strange Prince they might have enjoyed many a fair day and year This is that then which these men do first require to wit that all Fancy and Fond Opinion of the Vulgar people be aparted in this matter from Truth and Substance as also say they we ought to desire and determine who are properly Strangers or Foreigners seeing some do take for Strangers and
I had meant to do or did conceive of the matter for my meaning only was to shew how many pretenders there be to the English Crown at this day and how doubtful the pretenders of divers of the chief of them be in respect of the many exclusions stops and heats that their adversaries or fellow competitors do lay against them and now you do add further that albeit these stops were taken away and their propinquity in bloud were manifest yet for other considerations the course of the next succession by birth may be justly altered upon such considerations as you insinuate that the English may have in the admission of their next King or Queen after her Majesty that now is which indeed if it be true maketh the matter of succession much more doubtful then I pretended which I confess I have not so much studied or thought of for that our common law goeth no further ordinary then to the next Successor in bloud to consider whether he be lawfully descended or no thereby to give him the Crown I confess said the Civilian that ordinary neither your law nor ours doth go any further especially in those Realms where the government goeth by succession of bloud which I think to be best of all other ways but yet there may hapen out such extraordinary cases sometimes against this ordinary rule as your common law must needs take also consideration of them except it will be contrary to all other law and reason both divine and humane as for example if it should fall out that the next in bloud should be a natural fool or a mad-man if he should be taken by Turks or Moors in his infancy and brought up in their religion and would maintain the same in your Country with all his forces and other like urgent cases wherein it is not probable but that your common law must needs have further consideration then of the bare propinquity of bloud only for that otherwise it should be a very imperfect law that hath not provided for accidents so weighty and important as these are for saving and conserving of your common-wealth At this speech the residue of the company began to smile to see the two Lawyers grow into some heat and comparison of their professions But yet for that both their asseverations did tend to prove one thing which was the first proposition set down to wit that the next successor of England must needs be very doubtful they rrquested them both with very great instance that each one would be content to prove his assertion a part to wit the temporal Lawyer to shew that the titles and pretenions of all those ten or eleven families of the English bloud Royal which remain at this day are ambigous and doubtful according to the common laws of England and the Civilian to declare that albeit their titles by succession were clear yet that as things stand now in that Realm and other Countries near adjoyning there may be a great doubt which of them shall prevail This I say was the request of the whole company and the Lawyers were content to take it upon them and according to these two points it was agreed that the whole speech or conference should be divided into two parts and the Civil Lawyer should begin first for that it seemed that his assertion being well declared and proved would give much light to the other and so he promised to do and to be as brief clear and perspicuous as he might and to reduce all that he would say to certain principal heads and chapters thereby the better to be understood and remembred and so he began in manner and form following CAP. I. That Succession to Government by nearness of Blood is not by Law of Nature and Divine but only by Humane and Positive Laws of every particular Common-wealth and consequently may upon just causes be altered by the same THe examples before alledged said the Civil Lawyer of a Mad or Furious Heir apparent or of one that were by Education a Turk or Moor in Religion or by nature deprived of his Wit or senses do plainly prove that propinquity of Birth or Blood alone without other circumstances is not sufficient to be preferred to a Crown for that no Reason or Law Religion or Wisdom in the World can admit such persons to the Government of a Common-wealth by whom no good but destruction may be expected to the same seeing that Government was ordained for the benefit of the weal-publick and not otherwise And albeit some one or two in these our days have affirmed the contrary and publisht the same in Writing for the defence flattery or advancement of some Prince whom they favour affirming that even a Fool Mad or Furious man or otherwise so wicked as he would endeavour to destroy the Common-wealth were to be admitted to the Seat-Royal without further consideration if he be next in Blood Yet this is so manifestly against all reason and Conscience and against the first end and purpose of Institution of Commonwealths and Magistrats as it shall not need to be refuted in this place albeit afterwards there will not want place and commodity for the same Hereof it doth ensue that some other conditions also must needs be requisite for coming to Government by Succession besides the only propinquity or priority in Blood and that these conditions must be assigned and limited out by some higher authority then is that of the Prince himself who is bound and limited thereby and yet it seems evident they are not prescribed by any Law of Nature or Divine for that then they should be both immutable and the self-same in all Countries as God and Nature are one and the same to all without change where notwithstanding we see that these conditions and circumstances of succeeding by Birth are diverse or different in different Countries as also they are subject to changes according to the diversity of Kingdoms Realms and People as after shall be shewed more in particular whereby we are forced to conclude that every particular Countrey and Commonwealth hath prescribed these conditions to it self and hath authority to do the same For better proof whereof it is first of all to be supposed that albeit sociability or inclination to live together in company Man with Man whereof ensueth both City and Common-wealth as Aristotle gathers in his first Book of Politiques be of nature and consequently also of God that is author of nature Though Government in like manner and Jurisdiction of Magistrates which doth follow necessarily upon this living together in company be also of nature yet the particular form or manner of this or that Government in this or that fashion as to have many Governours few or one and these either Kings Dukes Earls or the like Or that they should have this or that Authority more or less for longer or shorter time or be taken by Succession or Election themselves and their
first Christian King Clodoveus not full 500. Years after Christ as French Authors do hold At what time also they recount a great miracle of Holy Oyl sent from Heaven by an Angel for anointing Clodoveus whereof they say they have still remaining for the anointing of their Kings at Rhemes which point I will not stand to treat or discourse in this place but rather will refer my Reader to the foresaid Chapter of Francis Belforest Chronicler of France who alledgeth divers Writers of almost 500. years antiquity that write of the same But howsoever that be very probable it seemeth that all the ceremonies of Coronation in Germany and Polonia before-recited which had their beginning long after the Reign of Clodoveus might be taken from thence and so the affinity and likeness of the one to the other doth seem to agree and Garribay also the Chronicler of Spain and of Navarre in his 22. Book talking of this Custom of Anointing and Crowning the Kings of Navarre saith that this excellent custom began there I mean in Navarre above 800 Years past and was brought in by certain Earls of Champayn of France named Theobaldes who coming to attain that Crown brought with them that Reverend Ceremony of Anointing and Crowning their Kings according to the use of the French which custom endureth until this day in that part of Navarre that is under the house of Vandome albeit in the other that is under the Spaniards which is far the greater it was left off in the Year 1513. when Ferdinand sirnamed the Catholick King of Spain entred thereupon for that the Spanish Kings are never anointed nor crowned but otherwise admitted by the Common-Wealth as before I have declared But among all other Kingdoms it seemeth that England hath most particularly taken this custom and ceremony from France not only for the reason before-alledged that divers of our English Kings have come out of France as William the Conquerour born in Normandy King Stephen son to the Earl of Blois and Bullen a Frenchman and King Henry the second born likewise in France and son to the Earl of Anjou but also for that in very deed the thing it self is all one in both Nations And albeit I have not seen any particular Book of this Action in England as in French there is yet it is easy to gather by Histories what is used in England about this affair For first of all that the Arch-Bishop of Canterbury doth ordinarily do this ceremony in England as the Arch-Bishop of Rhemes doth it in France there is no doubt and with the same Solemnity and honour according to the condition and state of our Countrey and Polidor Virgil in his History noteth that Pope Alexander did interdict and suspend the Arch-bishop of York with his two assistants the Bishops of London and Salisbury for that in the absence of Thomas Becket Arch-bishop of Canterbury and without his Licence they did crown King Henry at his Fathers perswasion and divers do attribute the unfortunate success of the said King Henry the younger that rebelled against his Father to this disorderly and violent Coronation by his Father's appointment secondly that the first thing which the said Arch-bishop requireth at the new King's hands at his Coronation is about Religion Church matters and the Clergy as in France we have seen it appeareth evidently by these words which the same Arch-bishop Thomas sirnamed commonly the Martyr remaining in banishment wrote to the same King Henry the second which are these Memores sit is confessionis quam fecistis posuistis super altare apud Westmonasterium de servanda Ecclesiae liberiate quando consecrati fuistis uncti in Regem à praedecessore nostro Thebaldo Which is Do you call to your remembrance the Confession which you made and laid upon the Altar at Westminster for keeping and defending the liberty of the Church when you were consecrated and anointed King by Thebaldus our predecessor By which words appeareth that as the King of England was consecrated and anointed in those days by the Arch-bishop of Canterbury so did he swear and give up his Oath also in writing and for more solemnity and obligation laid it down or rather offered it up with his own hands upon the Altar so much as was required of him by the said Arch-bishop and Clergy for the special safety of Religion and these Ecclesiastical Liberties which is the self same point that we have seen before as well in the Oath of the Kings of France as also of Polonia and Spain and of the Emperours both Grecian and Gerusan The very like admonition in effect I find made by another Thomas Arch-bishop of Canterbury to another King Henry to wit by Thomas Arundel to King Henry the Fourth when in a Parliament holden at Coventry in the year 1404 the King was tempted by certain temporal men to take away the Temporalities from the Clergy whereunto when the said Arch-bishop Thomas had answered by divers reasons at last turning to the King he besought him saith Stow to remember the Oath which he voluntarily made that he would honour and defend the Church and Ministers thereof Wherefore he desired him to permit and suffer the Church to enjoy the Priviledges and Liberties which in time of his Predecessors it did enjoy and to fear that King which reigneth in Heaven and by whom all other Kings do reign Moreover he desired him to consider his promise also to all the Realm which was that he would preserve unto every man their Right and Title so far as in him lay By which speech of the Arch-bishop the King was so far moved as he would hear no more of that Bill of Laity but said that he would leave the Church in as good estate or better than he found it and so he did but yet hereby we come to learn what Oath the Kings of England do make at their Coronations touching the Church and Clergy The other conditions also of good Government are partly touched in the speech of the Arch-bishop and much more expressly set down in the King of Englands Oath recorded by ancient Writers for for that he sweareth as both Holinshead and others do testify in their English Histories in these very words to wit That he will during his Life bear reverence and honour unto Almighty God and to his Catholick Church and unto his Ministers and that he will administer Law and Justice equally to all and take away all unjust Laws Which after he had sworn laying his hands upon the Gospels then doth the Arch-bishop turning about to the people declare what the King hath promised and sworn and by the mouth of an Herauld at Arms asketh their Consents whether they be content to submit themselves unto this man as unto their King or no under the conditions proposed whereunto when they have yielded themselves then beginneth the Arch-bishop to put-upon him the Regal Ornaments
which was not a little for the advancement of King Philip's Title before them both as presently shall be shew●d It was replied against this answer in the behalf of the Duke of Parma that the last King Sebastian entred the Crown by way of Representation and not by propinquity of Blood for that he was a degree further off in propinquity of Blood from King John the III. whom he succeeded than was the Cardinal for that he was but his Nephew to wit his Sons Son and the Cardinal was his Brother and yet was the said Sebastian admitted before the Cardinal for that he represented the Place and Right of his Father Prince John that dyed before he inherited and so we see that in this case Representation was admitted said they and in like manner ought it to be now To this it was said that Sebastian was not so much preferred before his great Uncle the Cardinal by vertue of Representation as for that he was of the right Descendant line of King John and the Cardinal was but of the collateral or transversal Line and that all Law alloweth that the right Line shall first be served and preferred before the Collateral shall be admitted so that hereby Representation is nothing furthered This exclusion of Representation did greatly further and advance the pretence of King Philip for the excluding of both these Ladies and their Issues for that supposing as this answer avoucheth that there is no Representation of Father or Mother or Predecessors to be admitted but that every pretender is to be considered only in his own person then it followeth said these men which plead for the King that King Philip being in equal degree of propinquity of Blood with the two Ladies in respect as well of King Henry yet living for that they were all three children of Brother and Sister it followeth that he was to be preferred before them both as well in respect that he was Man and they both Women as also for that he was elder in age and born before them both And albeit the Duke of Parma alledged that he was one degree further off from the foresaid Kings than was King Philip so as not respecting Representation of their Parents that is to say not considering at all that King Philip descended of a Woman and the two Dutchesses of a man but only especting their own persons as hath been declared these m●n avouched that King Philip's person was evidently to be preferred for that he was a degree nearer in Blood than the Duke of Parma and superior in s●x and age to the Lady Catharine of Bragansa Moreover the Lawyers of King Philip's side affirmed that he was nearer also in propinq●ity of blood to King Sebastian the last King than was the very King Cardinal himself and much more than any of the other two pretenders for that he was Brother to the said King Sebastian's Mother and the Cardinal was but Brother to his Grandfather And besides this they alledged that Portugal did belong to the Crown of Castil by divers other means of old as for that it could not be given away by Kings of Castil in Marriage of their Daughters as the principal parts thereof had been as also for that when King John the I that was a Bastard was made King of Portugal by Election of the People the Inheritance thereof did evidently appertain to King John of Castile that had to Wife the Lady Beatrix Daughter and Heir of Ferdinand King of Portugal from which Inheritance of that Crown by open injury both she and her Posterity whose Right is in King Philip at this day were debarred by the intrusion of the said John Master of Avis bastard brother of the foresaid King Ferdinand Thes● Reasons alledged divers Lawyers in the behalf of King Philip and those not only Spaniards but also of divers other Countries and Nations as my authors before-named do avow and many books w●●● written of this matter and when the contention was at the hotest then died the King Cardinal before he could decide the same controversy upon which occasion the King of Spain being perswaded that his Right was best and that he being a Monarch and under no temporal Judge was not bound to expect any other judgment in this Affair nor to subject himself to any other Tribunal but that he might by Force put himself in possession of that which he took to be his own if otherwise he could not have it delivered unto him for so write these Authors by me named seeing also Don Antonio to pretend the said Kingdom by only Favour of some popular party that he had in Lisbon the said King Philip entred upon Portugal by Force of Arms as all the World knoweth and holdeth the same peaceably unto the day And I have been the longer in setting down this contention about the Succession to the Crown of Portugal for that it includeth also the very same pretence and contention for the Crown of England For that all these Princes before-named may in like manner pretend the Succession of that Interest to the House of Lancaster and by that to the Crown of England which doth descend from Queen Philippa eldest Daughter of John of Gaunt Duke of Lancaster and Sister of King Henry the IV. as hath largely been declared And albeit that some men will s●y that this matter is now decided which of these Princes of the House of Portugal entreth also thereby to the other Right of Succession of England yet others will say no for that the Laws of Succession in Portugal and England be different For that in England Representation taketh places so as the children of the Son ●hough they be Women shall never be preferred before the Children of the Daughter though they be Men whereof these men do infer that seeing the Lady Philips Right before-mentioned to the Dukedom of Lancaster and thereby also to the Crown of England is to be preferred according to the Laws of England and not by the Laws of other Foreign Countries it followeth that the self same Right of Succession that is pretended at this day by the Princes of Portugal for succeeding the said Lady Philippa should be determined only by the Laws of England where Representation taketh place and not by the Laws of any other Nation Thus say they But against this others do alledge that the question is not here by what Law this pretence of the Blood Royal of Portugal to the Crown of England is to be tried but rather who is the true and next Heir and Successor unto King John the I. and to his Wife Queen Lady Philippa Heir of the House of Lancaster which two Princes were King and Queen of Portugal and their true Heir at this day hath the forenamed pretence to the Crown of England true and next H●●r being once known it little importeth by what L●w he pretendeth his said Right to England whether by that of England or by
most of their Subjects over which they Governed and unto whom they were most strangers that is to say unto such as were furthest off from them to those did they use always most favours and gave them most priviledges as both Wisdom and Reason of State did require for that those people had most ability to rise against them and to rebell so as this circumstance of being Strangers hurted them nothing but rather profited them much The like Rule of Policy and of State have all great Monarchies used ever since that is to say to shew most Favour to such Subjects as be most strangers and farthest from them and on the contrary side if any be to be pressed more than others to press and burthen them most that be most natural and nearest home and most under and in subjection and surest to obey and this is evidently seen felt and practised by all the great States this day of the World so as it cannot be denied For if we look but into France we shall find that the States of Gascony and Guyene which are farthest off from the Court and were once strangers and gotten by force from the English do pay far less Tributes at this day to the French King than those that be of the Isle of France it self and are properly French and in like manner the Britons which came to that Crown by Marriage and were old enemies do pay much less yet than the Gascoyns and in a manner do pay nothing at all and the Normans do pay somewhat more than any of the two for that they do lie somewhat nearer to Paris and thereby are more in subjection to the Prince though yet they pay less than the natural French-men The Candians also which is an Island apart and standeth under the Venetians do not pay the third part of the Impositions as by my own information I learned when I travelled Italy that do the natural subjects of the Venetian state in Italy What shall I say of the Kingdoms and States of Naples Sicily and Millain subject to the King of Spain called the Alcavall● which is the tenth penny of all that is bought and sold nor are they subiect to the Inquisition of Spain at l●est Naples and Millain nor to many other Duties Tributes and Impositions which the natural Spaniard is subject unto nor is there any Law or Edict made in Spain that holdeth in those Countries except it be allowed ratified and confirmed by those States themselves nor may any of their old Priviledges be infringed but by their own consents and when the King requireth any extraordinary Subsidies in Spain they bear no part thereof Whereupon these men do ask what it hurteth these States that they are strangers or under Strangers or what priviledge is it to the Spaniard at home that he is only under his home-born King if if he he receive less benefits by that than doth the Stranger And is not the like also used by the State of England towards Ireland are not the Favours and Indulgences used towards the Civil Irish that live in peace much more than to the English themselves in England For first their Taxes and Payments be much less the Laws of England bind them not except they be allowed and received by their own Parliament in Ireland For matters of Religion they are pressed much less than home-born Subjects albeit their Affections to the Roman Religion be known to be much more universal than it is in England In all Criminal Affairs and punishing of Delicts the manner of proceeding against the Irish is much more remiss mild and gentle than with the Subjects of England so as their being strangers seems rather a Priviledg than an hindranc eunto them But in no other Countrey is this thing more evidently to be considered than in the States of Flanders and low Countries which by Inheritance as hath been said came to be under foreign Government but so much to their good and advancement and that in a very few years as scarce is credible except to him that understandeth their former state when they were under their home-born Princes and do compare it with that which after they came unto under the house of Austria united unto the Crown of Spain For before for many hundred years a man shall read nothing almost in their Histories but War Sedition and Blood-shed among themselves and this either one state with another before they were united together all under one Prince or else with the Kingdom of France of whom in those days they depended or else and this most of all against their own Princes of whom some have been so fierce and cruel unto them as they have shed infinit quantity of their Blood and among others I read of their Count de Luys that in one day he put to death five hundred of them by sentence of Justice in Bruxel●es and another day within the same year he caused about a thousand to be burned to death in a Church of the Town of Nevel besides his infinite others whom in divers Battels and Skirmishes he slew so as oftentimes the Countrey lay almost desolate through their domestical afflictions But now since the time that the States came to be under Philip the first Archduke of Austria and after King of Spain and so remained under his Son Charles the Emperour and his Nephew Philip the II. that now liveth until the late Troubles and Rebellions which was about the space of fifty years that they so continued in Peace before their Rebellion it is almost incredible how those States increased in wealth peace and dignity so that as Guyc●●rdine the Italian Historiographer noteth in his description of those Countries the whole Wealth and Riches of the World seemed to flow thither and I my self can remember to have seen such exceeding abundance in very ordinary men of this Countrey both for their Diet Apparel Furniture of House and the like as was wonderful besides that for their Nobility they were all great Princes for that every one had his Province or great Town in Government which they ruled with that Pomp and Honour as if they had been Absolute Lords themselves by reason of the far distance of their Supream Prince and so they were received with publick Honour of all Cities and Towns and their Charges Born wheresoever they passed as such High Estates wont to be And albeit they had ever commonly a Stranger for Supream Governour among them under their King which bare the name to be above them yet did he indeed nothing but as they would have him and this partly for that his time of Goverment being but short he always attended principally to get the good wills of the people and to hold them conten●ed and thereby to be grateful to his King at his return home and partly also for that if he should attempt to do any thing against their Minds and liking they