Parlament Holden at Segovia 1276. made Heir apparent of Spain and they put back in their Grand-father's time and by his and the Realms consent And this Don Sancho coming to the Crown in the year 1284. the two Princes were put in Prison but afterwards at the suit of Philip 3. of France their Uncle they were let out and endued with certain Lands and also 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 Nobilitie in Spain at this time and King Philip that Reigneth cometh of Don Sancho the yonger Brother Henry the Bastard and his Race to the prejudice of King Petro and his Heirs When Don Pedro the Cruel King of Castile was driven and his Bastard Brother Henry 2. set up in his place John of Gant Duke of Lancaster having Married Dona Constancia 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 prevailed against John of Gand as did also the Race of Henry the Bastard against his lawful Brother And though in this Third and principal Discent of the Kings of Spain when these Changes happened the matter of Succession were most assuredly and perfectly established yet no man will deny but that the Kings of Spain who hold by the latter Titles at this day be true and lawful Kings This King Henry the Bastard had a Son named John the first who succeeded him in the Crown of Spain and Married Dona Beatrix Daughter and Heir of King Ferdinando the first of Portugal But yet after the death of the said Ferdinando the States of Portugal would never agree to admit the said Juan for their King for not subjecting themselves by that means to the Castilians And took rather a Bastard Brother of the said Don Ferdinando named Don Juan a youth of twenty years old whom they Married afterward to the Lady Philippe Daughter of John of Gand by his first Wife Blancha Duchess and Heir of Lancaster in whose Right the Kings of Portugal and their Discendents do pretend unto this day a certain interest to the House of Lancaster Divers other Examples out of the States of France and England for proof that the next in Blood are somtimes put back from succession And how God hath approved the same with good success CAP. VIII Though the Crown of France never come to any Stranger yet it Changed twice in it self and had Three Rancks COncerning the State of France albeit since the entrance of their first King Pharamond they have never had any stranger come to wear their Crown yet among themselves have they changed twice their whole Lineage of Kings and have had three Discents and Races as well as the Spaniards The first of Pharamond the second of Pepin and the third of Capitus which endureth unto this present The First Ranck The First Ranck shall be let pass for that some perhaps may say that the Common-wealth and Law of Succession was not then so well setled as it hath been since and also because it were too tedious to peruse all the Three Rancks for the store that they may yield Examples of the second Ranck Carloman against the Law of Succession and the Order of his Father parted equally the Realm with his elder Brother Charles Pepin le Bref first King of the second Race left two Sons Charles and Carloman and his States and Kingdoms by Succession unto the eldest Charles the Great And albeit by that Law of Succession the whole Kingdom of France appertained unto him alone yet the Realm by his authoritie did part it equally between them two as Gerard du Haillan setteth down in these words Estant Pepin decedé les François eslurent Roy Charles Carloman ses fils à la charge qu'ils partagerrient entr'evor egalement le Roy And the very same citeth Belforest out of Egenart an ancient French Writer Charlemayne preferred to his nephews against succession After three years reign Carloman dying left many sons the elder whereof was named Adalgise but Belforest saith That the Lords Ecclesiastical and temporal of France swore fidelitie and obedience to Charles without any respect or regard at all of the children of Carloman who yet by right of succession should have been preferred And Paulus Emilius a Latine-writer saith Proceres regni ad Carolum ultrà venientes regem eum totius Galliae salutârunt whereby is shewed that exclusion of the children of Carloman was not by force or tyrannie but by free deliberation of the Realm Lewis 1. deposed Charles le Chauve his fourth son admitted to the prejudice of his elder brothers To Charles the Great succeeded Lewis le Debonnaire his only son who afterward at the pursuit principally of his own three sons by his first wife Lothaire Pepin and Lewis was deposed and put into a Monasterie But coming afterward to reign again his fourth son by his second wife named Charles le Chauve succeeded him against the right of succession due to his elder brother Lothaire Louys 2. to the prejudice of his elder brethren and his bastards to the prejudice of his lawful sons After Charles le Chauve came in Louis le Begue his third son the second beeing dead and the eldest for his evil demeanure put by his succession This Lewis left by his wife Adel trude daughter to King Alfred of England a little infant newly born and two bastard-sons of a Concubine Louys * and Carloman who for that the nobles of France said That they had need of a man to bee King and not a childe were to the prejudice of the lawful successor by the State chosen jointly for Kings and the whole Realm was divided between them And Q. Adeltrude with her childe fled into England Charles 4. to the prejudice of Louys 5. And Odo to the prejudice of Charles 4. Of these two Bastards Carloman left a son Louis le Faineant which succeded unto him But for his slothful life and vicious behaviour was deprived and made a Monk in the Abbey of St Denis where hee died And in his place was chosen for King of France Charles le * Gros Emperor of Rome who likewise afterward was for his evil government by them deposed and deprived not onely of the Kingdom but also of his Empire and was brought into such miserable penurie as divers write hee perished for want In his place was chosen Odo Earl of Paris and Duke of Angers of whom came Hugh Capet Charles the simple to the prejudice of Odo But beeing soon wearie of this man's government they deposed him as hee was absent in Gasconie and called Charles * named afterward the Simple out of England to Paris and restored him to the Kingdom of France leaving onely
Book of Knox of the Monstrous Government of Women 6. And John Leisley Bishop of Ross in Scotland confuteth the first point 1 That the Statute that beareth the inheritance of Aliens made 25 Edw. 3. is only to be understood of particular men's inheritance 2 There is express exception of the King's Children and Off-spring in the Statute 3 The Practice both before and since the Conquest to the contrary 7. The second If Henry 8. made such a Testament it could not hold in Law But that he made it not besides many probabilities the testimonies of the Lord Paget Sir Edw. Montague Lord Chief Justice and William Clark who set the King's stamp to the Writing avowed before the Council and Parlament in Queen Maries time That the testament was signed after the King was past sens and memory 8. Robert Heghington Secretary to the Earle of North writeth in favor of the King of Spain as next Heir to the House of Lancaster Another writeth in the behalf of the Dukes of Parma as next Heir of Portugal another for the Infanta of Spain as the Heir of Brittanie CAP. II. Of the Succession of the Crown from the Conquest unto Edward the Third's time The issue of VVilliam the Conquerer WILLIAM the Conqueror had four Sons and five Daughters Sons 1. Robert Duke of Normandie 2. Richard died in his youth 3. William Rufus 4. Henry the first Daughters 1. Sicilie a Nun 2. Constantia wife of Alain Fergant Duke of Britanie 3 Adela or Alice wife of Stephen Earle of Bloys c. The other two died yong Robert Duke of Normandie Robert of Normandie and his Son William were ruined by Henry 1. Robert pined away in the Castle of Cardiff William slain before Alost in Flanders whereof he was Earl by an arrow Henry 1. Of all the Children of Henry 1. Mande first married to Henry 5. Emperor had issue Henry 2. by Geoffrey Plantagenet Duke of Anjou c. her second Husband he Reigned after King Stephen The beginning of the House of Britanie Constantia the Conquerors second Daughter had issue Conan 2. le Gros who had issue Hoel and Bettha wife of Eudo Earle of Porrhet in Normandie her Father made her his Heir on his death bed disadvowing Howel she had issue Conan 3. He Constantia wife to Geoffrey third Son to Henry 2. by whom she had Arthur whom King John his Uncle put from the Crown of England and murthered After which Constantia married Guy Vicount of Touars a Britan and their issue have continued till this in the infanta of Spain and the Dutchess of Savoy her sister whose Mother was sister unto the last King of France Anna the Heir of Britanie had by Lewis the 12. of France one Daughter Claudia of whom and Francis the first came Henry 2. whose Daughter was Mother to the Infanta c. King Stephen Adela or Alice the Conquerors third Daughter had issue Stephen Earle of Bouloyne chosen King after Henry 1. before Mande his Daughter because a Woman and before her Son Henry 2. because he was but a Child and a degree further off from the Conqueros but especially by force and friends whereby he prevented also the Duke of Britain Son to his Mothers eldest sister He had two sons who left no issue and Mary wife to the Earle of Flanders whose right if any is discended to the Spaniard Henry 2. his Sons Henry 2. had issue by Eleonora the Heir of Aquitaine William who died yong Henry Crowned in his Fathers time and died without issue 3. Richard Coeur de Lyon who died without issue 4. Geoffrey who married Constance the Heir of Britain as aforesaid 5. John the King who had issue Henry the third Henry 2. his Daughters His Daughters were 1. Eleonora married to Alphonso 9. of Castile 2. to Alexis the Emperor 3. to the Duke of Saxonie 4. to the Earle of Tholouse Eleonora had Henry of Castile who died without issue and Blanche married to Lewis of France of the Race of Valois whose issue continueth and Berenguela married to the Prince of Leon whose Son Ferdinando by the death of his Uncle Henry without issue was chosen King of Castile before Saint Lewis the son of Blanche aforesaid because a stranger 16. The right which France had to Aquitain Poictiers and Normandie came to them by the aforesaid Blanche who was married thither on condition to have for her dower all that John had lost in France which was almost all hee had Henry 3. his Issue Henry 3. had Edward 1 hee Edw. 2. hee Edw. 3. and Edmund Crook-back Earl or Duke of Lancaster whose heir Lady Blanch married John of Gant the third son of Edw. 3. from whom came the hous of Lancaster Also Beatrix married to John 2. Duke of Britain from whom descended the Infantas Mother That Edward Crook-back was not elder then Edward 1. Edward Crook-back was not Edw. 1. elder brother and put by onely for his deformitie 2. hee was born 18 Junii 1245 and Edward 16 Junii 1239. Matth. West who lived at the same time 2. hee was a wise Prince and much imploied by his father and brother in their wars 3. his father advanced him in England and would have made him King of Naples and Sicilie 4. having the charge of the Realm at his father's death and his brother absent hee attempted no innovation nor hee nor any of his children made any claim to the Crown after that 5. If hee had been elder the title of Lancaster in John of Gant his Issue whose mother was heir unto Edmund had been without contradiction nor could the house of York have had any pretence of right The Issue of Edward Crook-back Henry the second Earl of Lancaster and grand-childe to the aforesaid Edmund was created Duke of Lancaster by Edward 3. Hee had but one childe the Ladie Blanch wife of John of Gant by whom hee became also Duke of Lancaster His three sisters were matched one to the Lord Maubery of whom the Howards of Norfolk Joane 2. Mary married to the Earl of Northumberland from whom the now-Earl 3. Eleonor married to the Earl of Arundel of whom the late Earle descended CAP. III. The Succession from Edward 3. The houses of Lancaster and York Edward 3. his Issue EDward the third had five sons 1. the Black Prince hee Richard second in whom his line ceased 2 Lionel Duke of Clarence 3. John of Gant Duke of Lancaster by his wife Blanche 4 Edward of Langley Duke of York 5. Thomas of Woodstock Duke of Glocester The Title of the Hous of York Lionel of Clarence had one onely daughter and heir Philippe married to Edmund Mortimer Earl of March they Roger hee Anne Mortimer married to Richard Earl of Cambridg second son of Edmund L. of York His son Richard by the death of his Uncle slain at Agincourt came to bee Duke of York his father of Cambridg beeing executed for a Conspiracie against Henry 5. And was the first of the
hous of York that challenged the Crown and died in the quarrel His son was Edward the 4. The Issue of the Duke of Glocester Thomas of Woodstock had onely one childe Anne married to the Lord Stafford whose issue came after in regard of this marriage for Thomas was Earl of Buckingham too to bee Duke of Buckingham som of whose blood are yet in England The Issue of John of Gant by his first Wife John of Gant had three Wives 1 Blanch the heir of Lancaster aforesaid by whom hee had Henry 4. and Philippe married to John King of Portingal from whom are lineally descended such as at this day claim interest in that Crown and Elisabeth married to John Holland Duk of Exceter whose grand-childe Henry left onely Anne married to Sir Thomas Nevil Knight from whom the Earl of Westmerland is lineally descended By his second Wife By his second Ladie Constance daughter of Peter King of Castile hee had onely one daughter Katharine married to Henry the third King of Castile of whom the King of Spain that now is is lineally desended By his third Wife Henry 7. his Title His third Katharine Swinford daughter to a Knight of Henault and attending on his wife Blanch hee used as his Concubine in his wife Constance's time and begat of her three sons and one daughter and after married her to Swinford an English Knight who dead and his wife Constance also hee married her Anno 1396 and caused his said children by her to bee legitimated by Parlament Anno 1397. Henry 7. his Title from Lancaster His sons were 1. John Duke of Somerset 2. Thomas Duke of Excester 3. Henry Bishop and Cardinal of Winchester His daughter Jane married to the Earl of Westmerland The Issues of all these were soon spent except of John of Somerset who had two sons John and Edmund John one onely daughter Margaret married to Edmund Tidder Earl of Richmond by whom hee had Henry 7. Edmund and his three sons all died in the quarrel of the Hous of Lancaster without Issue The line of Clarence and Title of the Earl of Huntington George Duke of Clarence second brother of Edw. 4. had Issue Edw. Earl of Warwick put to death by Henry 7. and Margaret Countess of Salisbury married to Sir Richard Poole of Wales by whom hee had Henry Arthur Geoffroy and Reynald after Cardinal Henry Lo. of Montague put to death with his mother by H. 8. had Katharine married to the Earl of Huntington they the now Earl c. and Wenefred married to Sir Tho. Barrington Arthur Marie married to Sir John Stanny and Margaret to Sir Tho. Fitzherbert Geoffrey Geoffrey Poole hee Arthur and Geoffrey which yet live in Italie Henry 7. his Issue The Title of Scotland and of the Ladie Arbella Henry 7. had by the eldest daughter of Edw. 4. for of all the other three remaineth no issue besides Hen. 8. Margaret first married to the K. of Scots they James 5. who Mary mother to the now King After married to the Earl of Anguis they Margaret married to the Earl of Lenox they Henry married to the last Queen and murthered 1566. and Charles married to Elisa Ca4dish by whom the Ladie Arbella The Title of the Lord Beacham and his brother Marie the second daughter first married to Lewis 12. of France without issue then to Charles Brandon Duke of Suffolk they Francis married to Henry Gray Marquis Dorset after Duke of Suffolk beheaded by Q. Mary they Jane married to Dudley both beheaded Katharine first married to the Earl of Pembroke and left by him to the Earl of Hartfort as themselves affirmed in the Tower from whom descendeth the Lord Beacham and Edward Seymer his brother The Title of the Hous of Derbie Eleonor second daughter to Ch. Brandon and the Queen of France was married to Henry Clifford Earl of Cumberland they had issue Margaret married to Henry Earl of Derbie who had issue the last and the now Earl CAP. IV. The Controversie between the Houses of Lancaster and York The Pretence of the Hous of York BY Richard Duke of York son of Richard Earl of Cambridg aforesaid c. That considering hee had by descent joined in him the right aswell of Lionel Duke of Clarence second son to Edw. 3. as of Edward Duke of York the fourth son of Edw. 3. hee was to bee preferred before the Hous of Lancaster claiming onely from John of Gant the third son of Edward 3. Richard 2. Deposed Edward 3. in his old age for the love hee bare to the black Prince confirmed the Succession by Parlament to Richard 2. his son and caused the rest of his sons to swear thereunto Richard 2. for his misgovernment was deposed by common consent and Henry 4. chosen in his place which himself and his issue possessed about 60 years The question is Whether King Richard were rightfully deposed or no That a King may bee deposed on just causes First that a King on just causes may bee deposed is proved by Reason becaus the rule beeing given by the Common-wealth on condition of just government that much violated the condition is broken and the same Common-wealth may take the forfeiture This proved by the autoritie of all Law-makers Philosophers Divines and Governors of Common-wealths and by example of divers Depositions which God himself hath blessed with good success Proved by reasons and examples of Divinitie An ill Prince is an armed enemie with his feet set on the Realm's head whence hee cannot bee plucked but by force of Arms Object God may cut him off by sickness or otherwise and therefore wee are to attend his good pleasure Answ. God alwaies bindeth not himself to work miracles nor often with extraordinary means but hath left upon earth unto men and Common-wealths power to do justice in his Name upon offendors Examples hereof are Ehud stirr'd up by God to kill Eglon King of the Moabites by a stratageme Judg. 3. and the Philistins to kill David to persecute Saul Jeroboam to rebell against Roboam the son of Solomon 2 Reg. 11. 12. Jehu to depose Joram and Q. Jezabel his mother 4. Reg. 9. The Captains of Jerusalem at the persuasion of Jehoiada the high-Priest to conjure against Q. Athalia whom they deposed and Joash chosen in her room 4. Reg. 11. All which hee might have removed without blood-shed if hee would But hee appointed men to work his Will by these violent means to deliver that Common-wealth from oppression and for the greater terror of all bad Princes Allegations of the Lancastrians that King Richard 2. was justly Deposed Just causes of Deposing Richard 2. were Hee murthered his Uncle the Duke of Glocester without form of Law or process Hee put to death the Earl of Arundel banished Warwick Thomas Arundel Archbishop of Canterbury and Henry Duke of Hereford and Lancaster and after King whose goods and inheritance descending to the said Henry from his Father hee wrongfully seized on Hee suffered the Earl of Oxford
the great succeeded in the Empire and was the man that all men know and the first Emperor that publickly professed himself a Christian and planted our Faith over all the world CONSTANTINE SIXTH And IRENE Constantine the Sixth was for his evil Government first deposed * and his eyes put out by his own Mother Irene who usurped the Empire but being not able to Rule it in such Order as it was needful for so great a Monarchie she was deprived thereof by the Sentence of Leo the third and by consent of all the People and Senate of Rome and Charles the Great King of France and of Germanie was crowned Emperor of the West and so hath that Succession remained unto this day and many worthy men have succeeded therein and infinite acts of Jurisdiction have been exercised by this authoritie which were all unjust and Tyrannical if this change of the Empire and deposition of Irene and her Son for their evil Government had not been lawful Examples out of France CHILDERICK 3d. Childerick 3d. King of France for his evil Government and Faineantise was deposed by Zacharie the Pope at the request of the whole Nobilitie and Clergie of France Who alleaged That their Oath to Childrick was to honor serve obey maintain and defend him against all men as long as he was just religious valiant clement and would resist the enemies of the Crown punish the wicked and conserve the good and defend the Christian Faith Which being not observed on his part they ought not be bound to him any longer nor would not be any longer his Subjects and so chose and Crowned Pepin in his place whose Posteritie reigned for many years after him and were such noble Kings as all the world can testifie CHARLES of Lorrayne Charles of Lorrayne last of the race of Pepin for the evil satisfaction that the French Nation had of him was by the Authoritie of the Common-wealth put by the Crown and Hugo Capetus preferred to it whose Line hath remained and possessed it unto this day Examples out of Spain FLAVEO SUINTILA Flavius Suintila King of Spain was both he and his Posteritie put down and deprived in the fourth Council National of Toledo and one Lissinando confirmed in his place ALONSO 11th Don Alonso 11th King of Castile and Leon Son to Ferdinand the Saint for his evil Government and especially for Tyrannie used towards two Nephews of his was deposed of his Kingdom by a publick Act of Parliament in the town of Valliodolid after he had reigned 30 years and his own Son Don Sancho 4th was Crowned in his place who for his valiant acts was sirnamed Elbravo and it turned to great commoditie to the Common-wealth PEDRO Don Pedro the Cruel Son to Alonso 12th having reigned 18. years was for his injurious Government dispossessed of his Crown by King Henry his bastard Brother whom the States of the Country had called out of France and Crowned and though Pedro was restored again by the black Prince of Wales yet God shewed to favor more Henry because he returned and deprived Pedro the second time and slew him in fight hand to hand and being set up in his place which his Progenie hath enjoyed to this day he proved so excellent a King as he was called el Cavallero and el delas mercees the knightlie and bountiful King Don SANCHO 2d Don Sancho Gapelo lawful King of Portugal having reigned 34. years was deprived for his defects in Government by the universal Consent of all Portugal and approbation of a General Council at Lyons Pope Innocentius the Fourth being there present who did authorise the said State of Portugal at their Petition to put in Supreme Government Don Alonso Brother to the said Sancho who was Earl of Boulongne in Picardie by the right of his Wife which among other great exploits was the first that set Portugal free from all Subjection and Homage to the Kingdom of Castile which unto his time it had acknowledged Greece MICHAEL CALAPHATES and NICEPHORUS BOTONIATES Michael Calaphates Emperor of Greece for having troden the Cross of Christ under his feet and being otherwise also a wicked man was deprived As was also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authoritie Polonia HENRY 3d. In our dayes Henry 3d. King of France was deprived of the Crown of Polonia wherof he had also been Crowned King before by publick Act of Parliament for his departing thence without license and not returning at the day denounced by publick Letters of peremptory commandment Suetia HENRY Henry late King of Suëtia was put down and deprived by that Common-wealth and his Brother made King in his place whose Son reigneth at this day and is also King of Polonia And this Fact was allowed by the Emperor the King of Denmark and all the Princes of Germanie neer about that Realm Denmark CISTERNE Cisterne King of Denmark for his intollerable crueltie was deprived and driven into banishment together with his Wife and three Children and his Uncle Frederick Prince of Holsatia was chosen King whose Progenie yet remaineth in the Crown England King JOHN King John of England for his evil Government and for having lost Normandie Gasconie Guyenne and all the rest which the Crown of England had in France made himself so odious and contemptible as first he was both Excommunicated and Deposed by the Pope at the sute of his own People and to make his Peace was enforced to resign his Crown in the hands of Pandulfe the Pope's Legat and afterwards falling back again to his old defects though by making his Kingdom tributarie in perpetuum to the See of Rome he had made the Pope of his side for a time the People notwithstanding did effectuate his Deprivation the 18th year of his reign first at Canterbury and after at London And called Lewis Prince of France Son to Phillip 2d and Father to Saint Lewis and chose him for their King and did swear him Fealtie with General Consent in London Anno 1216. But King John's death following presentlie after made them turn their purposes and accept of his Son Henry before matters were fully established for Lewis And this Henry which was 3d. of that Name proved a very worthie King and reigned 53. years which is more than ever King in England did leaving Edward 1. his Son Heir not inferior to himself in manhood and virtue EDWARD 2d But this Edward 1. had a Son Edward 2d who falling into the same or worse defects than King John had done was after 19. years reign deposed also by Act of Parliament holden at London the year 1326. appointed to be called Edward of Carnarvam from that hour forward and his bodie adjudged to perpetual prison where at length his life was taken away from him in the Castle of Barkley and his Son Edward 3d. was chosen in his place who
either for Valor Prowess length of Reign acts of Chivalrie or the multitude of famous Princes his Children left behind him was one of the noblest Kings that ever England had RICHARD 2d Richard the 2d Son to the black Prince of Wales for having suffered himself to be misled by evil Counsellers to the great hurt and disquietness of the Realm was deposed also after 22. years reign by a Parliament holden at London the year 1399. and condemned to perpetual Prison in the Castle of Pomfret where he was soon after put to death and in his place was by free Election chosen the noble Knight Henry * Duke of Lancaster who proved afterwards so notable a King as the world knoweth HENRY 6th Henry 6th after almost 40. years reign was deposed imprisoned and put to death also together with his Son the Prince of Wales by Edward 4th of the House of York And this was confirmed by the * Commons and afterwards also by publick Act of Parliament because the said Henry did suffer himself to be over-ruled by the Queen his Wife and had broken the Articles of Agreement made by the Parlament between him and the Duke of York and solemnly sworn on both sides the 8th of Octob. 1459. though otherwise for his particular life he were a good man and King Edward 4th was put in place who was one of the renownedest for Martial Acts and Justice that hath worn the English Crown RICHARD 3d. This man having left two Sons his Brother Richard Duke of Glocester put them to death and being the next Heir Male was authorised in the Crown but Deposed again afterwards by the Common-wealth which called out of France Henry Earle of Richmond who took from him both life and Kingdom in the Field and was King himself by the name of Henry 7. And no man I suppose will say but that he was lawfully King also which yet cannot be except the other might lawfully be deposed If the said Deprivations were unjust the now Pretences are unlawful Moreover is to be noted in all these Mutations what good hath succeeded therein to the Common-wealth which was unjust and is void at this day if the Changes and Deprivations of the former Princes could not be made and consequently none of these that do pretend the Crown of England at this day can have any Title at all for that from those men they discend who were put in place of the deprived If Kings established may be Deprived much sooner Pretenders And if this might be so in Kings lawfully set in Possession then much more hath the said Common-wealth power and authoritie to alter the succession of such as do pretend Dignitie if there be due reason and causes to the same Wherein consisteth principally the lawfulness of Proceedings against Princes which in the former Chapter is mentioned What interest Princes have in their Subjects Goods or Lives How Oaths do Binde or may be Broken by Subjests towards Princes And finally the difference between a good King and a Tyrant CAP. IV. 1. Objection against the Assertions in the last Chapter BUt although by Nature the Common-wealth hath authoritie over the Prince to chuse and appoint him at the beginning yet having once made him and given up all their authoritie unto him he is no more subject to their correction but remaineth absolute of himself As every particular man hath authorised to make his Master or Prince of his inferior but not afterwards to put him down again howsoever he beareth himself towards him 2. Objection When the Children of Israël being under the Government of the High Priest demanded a King of Samuel he protesting unto them Well quoth he you will have a King hearken then to this that I will say Hoc erit jus Regis qui imperaturus est vobis He shall take away from you your Children both Sons and Daughters your Fields and Vineyards c. and shall give them to his servants and you shall cry unto God in that day from the face of this your King and God shall not hear you for that you have demanded a King to Govern over you Assertions of Bellay Yea Bellay and some other that wrote in flatterie of Princes in these our days do not only affirm That Princes are lawless and subject to no accompt or correction whatsoever they do But also That all goods chattels possessions and whatsoever else commodities temporal of the Common wealth are properly the Kings and that their Subjects have only the use thereof so as when the King will he may take it from them by right Answer to Bellay his First Assertion But for the first That Kings are subject to no Law Is against the very Institution of a Common-wealth which is to live together in Justice and Order for if it holdeth so insteed of Kings and Governors to defend us we may set up publick murtherers ravishers theeves and spoylers to devour us Then were all those Kings before mentioned both of the Jewes Gentiles and Christians unlawfully deprived and their Successors unlawfully put up in their places and consequentlie all Princes living at this day are intruders and no lawful Princes Answer to Bellay his Second Assertion Of the second saying also That all temporalities are properly the Princes and that Subjects have only the use thereof no less absurdities do follow First it is against the very first principle and foundation of the Civil Law which at the first entrance maketh this division of Goods That some are common by Nature to all men as the Aër the Sea c. Others are publick to all of one Citie or Countrie but yet not common to all in general as Rivers Ports c. Some are of the Communitie of a Citie or Common-wealth but yet not common to every particular person of that Citie as common Rents Theaters the publick hous and the like Some are of none nor properly of any man's Goods as Churches and Sacred things And some are proper to particular men as those which every man possesseth of his own Besides it overthroweth the whole nature of a Common-wealth maketh all Subject to be but very slaves for that slaves and bondmen in this do differ from freemen that slaves have only the use of things without property or interest and cannot acquire or get to themselves any dominion or true right in any thing but it accreweth all to their Master Lastly If all Goods be properly the King's why was Achab and Jezabel so reprehended and punished by God for taking away Naboth's vineyard Why do the Kings of England France and Spain ask Money of their Subjects in Parlament and that termed by the names of Subsidies Helps Benevolences Loans Prests Contributions c How have the Parlament oftentimes denied them the same Why are there Judges appointed for matter of Suits and Pleas between the Prince and the People Why doth the Canon Law inhibit all
this Reign drew all England into factions and divisions the States in a Parlament at Wallingford made an agreement that Stephen should bee lawful during his life onely and that Henry and his off spring should succeed him and Prince William King Stephen's son was deprived and made onely Earl of Norfolke King John to the prejudice of his Nephew Arthur This Henry 2 left Richard Jeffrey and John Richard sirnamed Coeur de Lyon succeeded him and dying without issue * John was admitted by the States and Arthur Duke of Britaine son and heir to Jeffrey * excluded who coming afterward to get the Crown by war was taken by his Uncle John who murthered him in prison Louys Prince of France to the prejudice of King John and King John's son afterward to the prejudice again of Louys But som years after the Barons and States of England misliking the government of this King John rejected him again and chose Louys the Prince of France to bee their King and did swear fealtie to him in London depriving also the young Prince Henry John's son of 8 years old but upon the death of King John that ensued shortly after they recalled again that sentence disannulled the Oath and Allegiance made unto Louys Prince of France and admitted this Henry * to the Crown who reigned 53 years The Princes of York and Lancaster had their best Titles of the autoritie of the Common-wealth From this Henry 3. take their first begining the two branches of York and Lancaster In whose contentions the best of their titles did depend upon the autoritie of the Common-wealth For as the people were affected and the greatest part prevailed so were they confirmed or disannulled by Parlament And wee may not well affirm but that when they are in possession and confirmed therein by these Parlaments they are lawful Kings and that God concurreth with them For if wee should deny this point wee should shake the states of most Princes in the world at this day The Common-wealth may dispose of the Crown for her own good And so to conclude As propinquitie of blood is a great preheminencie towards the atteining of the Crown so doth it not ever binde the Common-wealth to yield thereunto and to shut up her eies or admit at hap-hazard or of necessitie any one that is next by succession but rather to take such an one as may perform the dutie and charge committed For that otherwise to admit him that is an enemie or unfit is but to destroy the Common-wealth and him together What are the principal points which a Common-wealth ought to respect in admitting or excluding of any Prince that pretendeth to succeed wherein is handled largely also of the diversitie of Religions and other such causes CAP. IX Seeing the Common-wealth is to know and judg of the matter no doubt but God doth allow of her judgment HEe who is to judg and give the sentence in the things is also to judg of the caus for thereof is hee called Judg So if the Common-wealth hath power to admit or put back the Prince or pretender to the Crown shee hath also autoritie to judg of the lawfulness of the causes considering specially that it is in their own affair and and in a matter that depend's wholly upon them for that no man is King or Prince by institution of Nature but only by authoritie of the Common-wealth Who can then affirm the contrary but that God doth allow for a just and sufficient cause in this behalf the only Will and Judgment of the Weal-publick it self supposing alwaies that a whole Realm will never agree by orderly way of Judgement to exclude the next Heir in Blood without a reasonable Cause in the sight and censure The Pope is to obey the Determination of the Common-wealth without further inquisition except it be in Cases of injustice and Tyranny And seeing that they only are the Judges of this Case and are properly Lords and Owners of the whole business we are to presume that what they Determine is just and lawful though at one time they should Determine one thing and the contrary at another as they did often in England being led at different times by different motions and it is enough for every particular man to subject himself and obey simply their Determination without further inquisition except he should see that Open Injustice were done therein or God manifestly offended and the Realm endangered Open Injustice if not the true Common-wealth but some Faction of wicked men should offer to Determine the matter without lawful authoritie God offended and the Realm endangered where it is evident that he that is preferred will do what lieth in him to the prejudice both of God's glory and of the Common-wealth as if a Turke or some notorious wicked man and Tyrant should be offred to Govern among Christians Whence the Reasons of Admitting or Receiving a Prince are to be taken Now to know the true Causes and principal Points which ought to be chiefly regarded as well by the Common-wealth as by every particular man in the furthering or hindering any Prince we must return to the End wherefore Government was appointed which is to defend preserve and benefit the Common-wealth because from this Consideration are to be deduced all other Considerations for discerning a good or evil Prince For that whosoever is most likely to defend c. his Realm and Subjects he is most to be allowed and desired as most conform to the end for which Government was ordained And on the contrary side he that is least like to do this deserveth least to be preferred And this is the Consideration that divers Common-wealths had in putting back oftentimes Children and impotent People though next in blood from succession Three Chief Points to be regarded in every Prince And here shall be fitly remembred what Gerard recounteth of the King of France that in his Coronation he is new apparrelled three times in one day once as a Priest and then as a Judge and last as a King armed thereby to signifie three things committed to his charge first Religion then Justice then Manhood and Chivalrie which division seemeth very good and fit and to comprehend all that a Weal-Publick hath need of for her happie State and Felicity both in soul and bodie and for her end both supernatural and natural And therefore these seem to be the three Points which most are to be regarded in every Prince Why it is here principally treated of Religion For the latter two because they have been often had in Consideration in the Changes aforesaid and Religion whereof then scarce ever any question or doubt did fall in these actions rarely or never And because in these our dayes it is the principal Difference and chiefest Difficultie of all other and that also it is of it self the first and highest and most necessarie Point to be considered in the Admission of a Prince therefore it
hee who represented her person was to bee preferred before her For the Duchess of Bragança and against the point of Representation Shee was born and bred in Portugal Philip and Parma were forrein 2. Shee was nearer by a degree unto Emanuel and Henry the Cardinal then the Duke of Parma 3. Against the representation urged by Parma that no representation was admitten in the Succession to the Crown of Portugal but that every pretender was to bee taken and preferred according to the Prerogatives onely of his Person as the next in propinquitie of blood or the man before the woman and the elder before the younger if they bee in equal degree of propinquitie to the former Kings Touching Representations Contra Sect. 40. The last King Sebastian entred the Crown by way of Representation not by propinquitie of blood the Cardinal beeing brother and hee but Nephew unto the former King John 3. Sect. 82. Answ. Hee was of the right descendant line of K. John 3. and the Cardinal but of the Collateral and all Law alloweth the right line to bee served and preferred before the Collateral bee admitted This was the caus of his coming to the Crown and not representation Allegations of King Philip's right to Portugal Seeing then that Representation was not admitted but every Pretendor considered in his own person onely Sect. 82. King Philip beeing in equal degree of propinquitie of blood with the Duchesses alleged hee was to bee preferred before them both becaus a man and born before them 2. The inheritance of Portugal besides that it belonged to the Crown of Castile of old evidently belonged to John King of Castile by the marriage of Beatrix daughter and heir of Ferdinand King of Portugal after whose death it was conferred by election of the People on John M. of Avis bastard-brother of the foresaid Ferdinand by him the said Beatrix and her posteritie wrongfully debarred and excluded King Philip his own carver in Spain When these contentions were at the hottest died the K. Cardinal before he could decide them Whereupon the K. of Spain taking his right to bee best and becaus a Monarch and under no temporal Judg thinking hee was not bound to attend any other or further judgment in the matter but might by force put himself in possession of his own as hee took it if otherwise hee might not have it hee entered upon Portugal by force of Arms and at this day holdeth it peaceably The end of the controversie An Objection in behalf of Representation in the Succession of England Representation taketh place in England So as the children of the son though women shall ever bee preferred before those of the daughter though men Therefore seeing the Ladie Philippes right to the Dukedom of Lancaster and Crown of England mentioned Sect. 70 72 c. is to bee preferred according to the Laws of England onely it followeth that the right of Succession pretended by the Princes of Portugal from the said Ladie Philippe should bee determined onely by the Laws of England which admit of Representation Answer to the former Objection The question is not here by what Law this pretence by Portugal to the Crown of England is to bee tried but rather who is the true and next heir of John of Portugal and the Ladie Philippe heir of Lancaster which once known it little importeth by what Law hee pretendeth his right unto England whether of Portugal or England though to determine this first and chief point of the Succession of Portugal the Laws of Portugal must needs bee the onely Judges and not those of England CAP. X. Whether it bee better to live under a Forrein or a Home-born Prince a great Monarch or a little King Against Forrein-Government the opinion of Law-makers ARistotle in all the different Forms of Common-wealths which hee prescribeth in his 8 books of Politicks ever presupposeth that the Government shall bee by people of the self-same Nation the same also do presume all the Law-makers therein mentioned as Minos Solon Lycurgus Numa Pompilius and the rest Of Orators and Writerr Demosthenes his famous invectives against Philip of Macedonia that desired to encroach upon the State of Greece and his Orations against Eschines who was thought secretly to favor the pretences of the said forrein Princes The books of the Italians when they speak of their former subjection to the Lombardes Germanes French and their present to the Spaniard The late writings of the French against the power of the hous of Guise and Lorrain whom they hold for strangers Of Nations by their Proceedings and Designs The desperate and bloodie executions of divers Nations to th' end they might rid themselvs from stranger's dominion are arguments of the very impression of nature herself in this matter for examples whereof see Q. Curtius lib. 5. 6. And the Sicilians who at one Evensong-tide slew all the French within their Iland whom themselvs had called and invited thither not long before And the English who murthered all the Danes at one time and would have don as much for the Normans if themselvs had been strong enough or the advers partie less vigilant And the French in the time of Charles the 7. when nothing could repress them from revolting every where against the English Government of which at length by hook and crook they wholly free'd themselvs Of Holy Scripture The autoritie of holy Scriptures is evident in this behalf Deut. 17. 16. Thou shalt make them King over thee whom the LORD thy GOD shall choos out of the number of thy brethren thou mai'st not set a stranger over thee which is not of thy brethren In the behalf of Forrein Government This hatred of Stranger's Government is but a vulgar aversion of passionate or foolish men Passionate by corruption of nature whereby men are inclined to think evil of others especially their Governors and the more the farther they are from us in kindred or acquaintance foolish as those that weigh not the true reasons causes or effects of things but onely the outward shew and popular apprehension grounded for the most part in the imagination or incitation of others who endeavor onely to procure tumults It importeth not what Countrimam the Prince bee so his Goverement bee good All passion against stranger or unto others laid aside wee are onely to respect the fruits of good and profitable Government the peace and proprietie of the Subject which what Prince bee hee native or forreign soëver procureth us is fittest for ours or any other Government for after a Prince is established the common subject hath no more conversation with him nor receiveth further personal benefits of him than of a meer stranger Then if hee govern ill what is the Subject the better by his beeing Home-born Home-born Princes and Tyrants As in the like case the children of Israël said of Rehoboam Quae nobis pars in David vel quae haereditas in filio Jesse 3 King 12. 16.
heads For which cause the States of Venice and Genoa which were wont to have simply this Government of Aristocratia were inforced in the end to chuse Dukes The Division and Factions among the Senators of Carthage was the cause why Aid was not sent to Hannibal their Captain in Italie after his so great and important Victorie at Canna which was the very cause of the saving of the Romane Empire and the loss of their own As also afterwards the Emulations and Discord of the Romane Senators in the Affairs and Contentions of Marius and Sylla and of Pompey and Caesar was the occasion of all their Destruction and of their Common-wealth with them Why Helps are given to Kings Therefore it appeareth that of all other Governments Monarchie is the best But for that a King is a Man as others be and thereby not only subject to Errors in Judgment but also to passionate Affections in his Will It was necessarie That the Common-wealth should assign him the best Helps that might be for Directing and Rectifying both his Will and Judgment Lawes the first Help why given The first Help is the Law which Aristotle saith Est mens quaedam nullo perturbata affectu and in the same place addeth That he which joyneth a Law to Govern with the Prince joyneth God to the Prince but he that joyneth to the Prince his Affection to Govern joyneth a Beast So that a Prince Ruling by Law is more than a man or a man Deified and a Prince Ruling by Affections is less than a man or a man Brutified In another place also the same Philosopher saith That a Prince that Ruleth hemself and others by his own Appetite and Affections of all Creatures is the worst and of all Beasts is the most furious and dangerous for that nothing is so outragious as Injustice armed and no Armor is so strong as Wit and Authority Councils the second Help why given The Monarchie of ENGLAND tempered The second Help that Common-wealths do assign to their Kings and Princes be certain Councils as we see the Parlament of England and France the Courts in Spain and Diets in Germanie without which no matter of great Moment can be concluded And besides this commonly every King hath his Privie Council whom he is bound to hear and this was done to temper somwhat the absolute Form of a Monarchie whose danger is by reason of his sole Authoritie to fall into Tyrannie as Aristotle noteth In the Monarchie of England all the Three Forms of Government do enter more or less In that there is one King or Queen it is a Monarchie In that it hath certain Councils which must be heard it participateth of Aristocratia And in that the Commonaltie have their Voices and Burgesses in Parlament it taketh part also of Democratia All which limitations come from the Common-wealth as having Authoritie above their Princes for the good of the Realm Restraint of Kings among the Romans Why Kinglie Government left in Rome This Restraint hath been in all Times and Countries as for example The Romans that began with Kings gave their Kings as great and absolute Authoritie as ours have now adaies but yet their next in Blood Succeeded them not of necessitie but new Kings were Chosen partlie by the Senate and partlie by the People So as of Three * most excellent Kings that ensued immediatelie after Romulus none were of the Blood nor yet Romans born but rather Strangers Chosen for their Virtue and Valor So for the neglecting of their Laws the Senators slew Romulus their first King and cut him in pieces and for the same reason expelled Tarquinius Superbus their last and all his Posteritie and with them the Name and Government of Kings which was changed in the Regiment of Consuls Restraint of Kings among the Grecians In Greece and namely among the Lacedemonians their Kings Authoritie was so restrained by certain Officers of the People called Ephori which commonly were five in number as they were not only chastened by them but also Deprived and somtimes put to death Restraint of Kings in Christendom In Germanie The Emperor can neither make War nor exact any Contribution of men or Money thereunto but by the free leave and Consent of all the States of the Germane Dyet or Parlament And for his Children or next in Kinn they have no action interest or pretence to Succeed but only by free Election if they shall be thought worthie Nay one of the chiefest Points that the Emperor must Swear at his entrance is this That he shall never go about to make the Dignitie of the Emperor Peculiar or Hereditarie to his Familie but leave it unto the Seven Electors free in their power to Chuse his Successor according to the Law made by the Pope Gregory the Fift and the Emperor Charles the Fourth in this behalf In Polonia and Bohemia The Kings of Polonia and Bohemia can neither do any thing of great Moment without the consent of certain principal men called Palatines or Castellans neither may their Children of next Blood Succeed except they be Chosen as in the Empire In Spain France and England In Spain France and England the Privileges of Kings are far more eminent both in the Power and Succession for their Authoritie is much more absolute and their next in Blood do ordinarily Succeed for as touching Authoritie it seemeth that the Kings of France and Spain have greater than the King of England for that everie Ordination of these Two Kings is Law in it self without further Approbation of the Common-wealth which holdeth not in England where no general Law can be made without Consent of Parlament But in the other Point of Succession the restraint is far greater in those other Two Countries than in England For in Spain the next in Blood cannot Succeed be he never so lawfully Discended but by a new Approbation of the Nobilitie Bishops and States of the Realm as it is expresly set down in the Two ancient Councils of Toledo the Fourth and Fifth Nor can the King of Spain's own Son at this day be called Prince except he be first Sworn by the said Nobilitie and Estates as we have seen it practiced in the King Philip's Children In France Women neither any of their Issue though Male are admitted to Succeed in the Crown And therefore was Edward 3d. of England though Son and Heir unto a Daughter of France which was left by her Three Brethren Sole Heir to King Phillip * the fair her Father put by the Crown As also was the King of Navar at the same time Son and Heir unto this Womans eldest Brothers Daughter named Lewis Huttin notwithstanding all their allegations And Philip de Valois a Brothers Son of Philip the fair's preferred to it by General Decree of the States of France and by Verdict of the whole Parlament of Paris And albeit the Law Salica
Kings is in substance the same as that of the Emperor for the Archbishop of Guesna Metropolitan of all Polonia declareth to the King before the high Altar the End and Condition of his Office and Dignitie unto what Points he must Swear and what do signifie the Sword the Ring the Scepter and the Crown And the King's Oath thereupon being taken the Marshal General of the whole Kingdom doth ask with a loud voice of all the Nobilitie and People there present Whether they be content to submit themselves unto this King or no Who answering Yea the Archbishop doth end the residue of the Ceremonies and doth place him in the Royal Throne where all his Subjects do Homage unto him The manner used in Spain before the entring of the Moors Sisinandus When Spain remained yet one General Monarchie under the Gothes before the entring of the Moors Sissinandus who had expelled King Suintila for his cruel Government in the Fourth National Council of Toledo holden the year 633. prayed with submission the Prelats there gathered together to determine that which should be needful for the maintaining both of Religion and State and so after matters of Religion they first confirm the Deposition of King Suintila together with his Wife Brother and Children and then authorise the Title of Sissinandus but yet with this insinuation We do require you that are our present King and all other our Princes that shall follow hereafter with the humilitie which is meek and moderate towards your Subjects and that you Govern your People in Justice and Pietie and that none of you do give sentence alone against any man in case of Life and Death but with the consent of your publick Council and with those that be Governors in matters of Judgment And against all Kings that are to come we do promulgate this sentence That if any of them shall against the reverence of our Laws exercise cruel Authoritie with proud domination and Kinglie pomp following only their own concupisence in wickedness that they are condemned by Christ with the sentence of Excommunication and have their separation both from him and us to everlasting judgment Chintilla Sissinandus being dead one Chintilla was made King in his place under whom were gathered two other Councils the 5th and 6th of Toledo in which matters were determined about the Succession to the Crown Safetie of the Prince Provision for his Children Friends Officers and Favorites after his death against such as without the approbation of the Common-wealth did aspire to the same And among other Points a severe Decree was made in the 6th Council concerning the King's Oath at his admission That he should not be placed in the Royal seat until among other Conditions he had promised by the Sacrament of an Oath That he would suffer no man to break the Catholick Faith c. After the entring of the Moors Don Pelago After the coming in of the Moors one Don Pelago a yong Prince of the Royal Blood of the Gothes being fled among the rest to the Mountains was found and made King and having began the recovery of Spain by the getting of Leön left a certain Law written in the Gotish tongue touching the manner of making their King in Spain and how he must Swear to their Liberties and Priviledges whereof the first Article saith Before all things it is established for a Law Libertie and Priviledge of Spain That the King is to be placed by Voices and Consent perpetually and this to the intent no evil King may enter without consent of the People seeing they are to give to him that which with their blood and labors they have gained of the Moors For the fashion of making their Kings in that old time it remaineth still in substance at this day but the manner thereof is somwhat altered for now the Spanish Kings be not Crowned but have another Ceremonie for their admission equal to Coronation which is performed by the Archbishop of Toledo Primate of all Spain Manner used in France Two Manners thereof In France have been two manners used of that Action the one more antient hath endured 600. years from Clodoveus that was Christned and Anointed also and Crowned at Rheims by S. Remigius unto the time of Henry 1. and Philip 1. his Son before the 12. Peers of France were appointed to assist the Coronation which now is the chiefest part of that Solemnitie In the old fashion as saith du Haillan the Kings were lifted up and carried about upon a Target by the chief Subjects there present according to the manner of the Spaniards But for the substance of the admission it was not much different from that which is now The Old Manner Philip 1. For example the Coronation of Philip 1. Henry 1. his father desiring for his old age to establish him in the Crown before his death did ask the consent and approbation both generally and in particular of the Nobility and People for his admission Whom finding all willing he brought him to Rheims where in the great Church the Mass being began upon the reading of the Epistle the Archbishop turning about the Prince declared unto him what was the Catholick Faith and asked him Whether he did beleeve it and would defend it against all persons who affirming that he would his Oath was brought unto him whereunto he must Swear which he took and holding his hands between the hands of the Archbishop read it with a loud voice and signed it with his own hand The substance of the Oath was That he would preserve unto the Clergie all Canonical priviledges and all Law and Justice unto them as every King was bound to do and furthermore administer Justice unto all People given him in charge Then the Archbishop taking his Cross after he had shewed unto all the audience the authoritie that the Archbishop of Rheims had to anoint and Crown the King of France and asked license of King Henry the Father Il esleut Philippe son fili pour en Roy de France Which the Popes Legats and the Nobility and People did approve crying out three times Nous l'approvvons nous le voalons soit fait nôtre Roy Institution of the newest Manner This Manner was altered specially by * Louysle Jeune who leaving still the substance of the action added thereunto divers external Ceremonies of Honor and Majestie and amongst other ordeined the offices of Twelve Peers of France Six Ecclesiastical and Six Temporal who ever since have had the chiefest Places and Offices in this great action First THe Archbishop and Duke of Rheims anointeth and Crowneth the King The Bishop and Duke of Laon beareth the Glass of Sacred Oyl The Bishop and Duke of Langres the Cross The Bishop and Earle of Beauvais the Mantle Royal. The Bishop and Earle of Koyon the King's Girdle The Bishop and Earle of Chaalons the Ring The Duke of Burgundie Dean of
both Polydore and Stow do affirm never to have been offered before to any Prince of England Admission is of more importance and hath prevailed against Right of succession Whence it is gathered That the Title of Succession without the Admission of the Common-wealth cannot make a lawful King and that of the two the second is of far more importance which may be proved by many examples As of William Rufus that Succeeded the Conqueror King Henry the first his Brother King Stephen's King John's and others who by only Admission of the Realm were Kings against the Order of Succession Henry and Edward the 4th did found the best part and most surest of their Titles and the defence thereof upon the Election Consent and good will of the People And for this cause the most Politick Princes that had any least suspicion of Troubles about the Title after their deaths have caused their Sons to be Crowned in their own days As Hugh Capetus Robert his eldest Son and Robert Henry the first his second Son excluding his elder Henry also procured the same to Philip the first his eldest Son And Louys le Gros unto two Sons of his first to Philip and after his death to Louys the yonger And this Louys again unto Philip 2. his Son The Prince of Spain is Sworn alwaies and admitted by the Realm during his Father's Reign The same Consideration also moved King David to Crown his Son Solomon in his own days And in England King Henry 2. considering the alteration that the Realm had made in admitting King Stephen before him against the Order of Lineal Succession and fearing that the like might happen also after him caused his eldest Son Henry the third to be Crowned in his life time So as England had two Kings Henry's living at one time with equal Authoritie How the next in succession by Propinquitie of Blood hath oftentimes been put back by the Common-wealth and others further off admitted in their Places even in these Kingdoms where Succession prevaileth with many Examples of the Kingdoms of Israël and Spain CAP. VII Examples of the Jews SAUL David Elected to the prejudice of Saul's Sons ALbeit God made Saul a true and lawful King over the Jews and consequently also gave him all Kinglie Prerogatives whereof one Principle is To have his Children succeed after him in the Crown yet he suffered not any of his Generation to succeed him but elected David who was a stranger by birth and no kinn at all to the deceased King Rejecting thereby from the Crown not only Isboseth Saul's elder Son though followed for a time by Abner Capt. General of that Nation with eleven Tribes but also Jonathan his other Son who was so good a man and so much praised in holy Scripture Whereby it is evident that the fault of the Father may prejudicate the Son's Right to the Crown albeit the Son have no part in the fault DAVID Solomon to the prejudice of Adonias and his Brethren David being placed in the Crown by Election free Consent and Admission of the People of Israël though by motion and direction of God himself no man will deny but that he had given him all Kinglie Priviledges and Regalities as among other the Scripture testifieth that it was assured him by God That his Seed should Reign after him yea and that for ever Yet this was not performed to any of his elder Sons but only to Solomon his yonger and tenth Son who by the means and perswasions of Queen Bersabé his Mother and Nathan the Prophet was chosen and made King by his Father to the prejudice of his elder Adonias and the rest of his Brethren * Whereby we are taught that these and like determinations of the People Magistrates and Common-wealths when their designments are to good ends and for just respects and causes are allowed also by God and oftentimes are his own special drifts and dispensations though they seem to come from man Jeroboam to the prejudice of Roboam Solomon's Son and Heir After Solomon's death Rehoboam his Son and Heir coming to Sichem where all the people of Israël were gathered for his Admission and having refused to yield to certain Conditions for taking away of some hard and heavie Impositions laid upon them by Solomon his Father which the People had proposed unto him ten Tribes of the twelve refused to admit him for their King but chose one Jeroboam his Servant a meer stranger and of poor Parentage and God allowed thereof for the Sins of Solomon leaving Rehoboam over two Tribes and Jeroboam over ten God's dealing in his Common-wealth a president for all others Although we may say that in the Jewish Common-wealth God almightie did deal and dispose of things against the ordinary course of man's Law as best liked himself whose Will is more than Law and is to be limitted by no Rule or Law of man and therefore that these Examples are not properly the act of a Common-wealth as our Question demandeth yet are they well brought in because they may give light to all the rest For if God permitted and allowed this in his own Common-wealth that was to be the Example and Pattern of all others no doubt but he approveth also the same in other Realms when just occasions are offered either for his service the good of the People and Realm or else for punishment of the sins and wickedness of some Princes Examples of SPAIN Four Races of Spanish Kings Spain since the expulsion of the Romans hath had Three or Four Races of Kings The first is from the Gothes which began to reign about the year 416 and endured by the space of 300. years until Spain was lost to the Moors And to them the Spaniard referreth all his old Nobility The second from Don Pelago who after the Invasion of the Moors was chosen King of Austurias about the year 717. and his Race continued adding Kingdom to Kingdom for the space of 300. years until the year 1034. The third from Don Sancho Mayor King of Navarra who having gotten into his Power the Earldoms of Arragon and Castilia made them Kingdoms and divided them among his Children And Don Fernando his second Son King of Castilia sirnamed afterward the Great by marrying of the Sister of Don Dermudo King of Leon and Asturias joyned all those Kingdoms together and this Race endured for 500. years until the year 1549 When for the Fourth the House of Austria came in by Marriage of the Daughter and Heir of Don Ferdinando sirnamed the Catholick which endureth until this day The First Race For the First Race because it had express Election joyned with Succession as by the Councils of Toledo it appeareth it can yield no valuable examples for this place The Second Race Don Alonso to the prejudice of Don Favila his Children In the Second Though the Law of Succession by Propinquitie
his minion to put away his wife a goodly young Ladie daughter of Isabell his father's sister and to marrie another openly to her disgrace And in the last evil Parlament hee made would needs have all absolute autoritie granted to 6 or 7 his favorites to determine of all matters Grieved with these exorbitant indignities the more or better part of the Realm called home by their Letters Henry 4. deposed Richard 2. by Act of Parlament by his own confession of unworthie Government and his voluntarie resignation of the Crown to the said Henry by publick instrument All this without blood-shed And in almost all this Edmund L. D. of York the head of that familie together with Edward Duke of Aumale his eldest son and Richard Earle of Cambridge his yonger the Grand-father of Edward 4. assisted the said Henry That Henry 4. had more right to Succeed unto Richard 2. than Edmond Mortimer heir of Clarence much more any other King Richard 2. deposed the question is Whether Edmond Mortimer then alive his Father Roger being slain in Ireland a little before Nephew removed of Lionel Duke of Clarence or Henry Duke of Lancaster son of John of Gant should have Succeeded in right For Henry is alleged his being neerer to the former King by two degrees and proximitie of Blood though not of the elder Line is to be or hath been preferred in these cases 2. His Title came by a Man the others by a Woman not so much favored by Law nor Reason 3. The said Edmond being offered the Crown by Richard Earle of Cambridge who had married his Sister Anne and other Noblemen at Southampton he judged it against equitie discovered the Treason to Henry the fifth by whose command those Noblemen were executed 1415. Thirty years after which Richard Duke of York son of the aforesaid Earle and Anne for Edmond her brother died without issue set his Title on foot And whereas Roger Mortimer Father of this Edmond was declared Heir apparent by a Parlament 1382 that was done by Richard 2. from the hatred he bore to John of Gant and his son Henry rather than for the goodness of the others Title the cause whereof was Because immediately after the death of the Black Prince divers learned and wise men held opinion That John of Gant eldest son of Edward 3. then living should rather succeed than Richard jure Propinquitatis This made the old King Edward 3. confirm the Succession to Richard 2. by Parlament and the Oaths of his Uncles and made the yong King Richard 2. hold first and his son in jealousie and hatred ever after as distrusting the likelihoods of their Title Declaration of the Heir Apparent in the Princes life being Partial no sure president Partial establishing of Succession by Parlament is no extraordinary thing with Princes which yet most commonly have been to little purpose So did Richard 3. cause John de la Pole Earle of Lincoln and Son to his sister Elisabeth Dutchess of Suffolk to be declared Heir apparent thereby excluding his Brother Edward's four Daughters c. So did Henry 8. prefer the issue of his yonger sister before that of his elder So did Edward 6. declare the Lady Jane Gray his cozen Germain removed to be his Heir and Successor excluding his own two sisters Such say they was the aforesaid Declaration of Roger Mortimer by Richard 2. to as little purpose as from little equity Uncle preferred before the Nephew divers times Contra Sect. 83. That John of Gant should have in right succeeded his father rather than Richard himself as neerer to his father is proved by the course of divers Kingdoms where the Uncle was preferred before the Nephew 1. In Naples much about the same time Robert before Charles the son of Martel his elder Brother 2. In Spain Don Sancho Bravo before the Children of Prince Don Alonso de la Cerda from whom the House of Medina Celi is discended by sentence of Don Alonso the wise and of all the Realm and Nobility Anno 1276. 3. In the Earldom of Arthois Mande before Robert son to her Brother Philip by sentence of Philip le Bel of France confirmed by the Parlament of Paris and by his Successor Philippes de Valois whom he the said Robert had much assisted in the recovery of France from the English 4. In Britanie John Breno Earle of Montfort before Jane Countess of Bloys Daughter and Heir of Guy his elder brother by sentence of Edward 3. and the State of England who put him in possession of that Dukedom 5. In Scotland where albeit Edward 1. of England gave sentence for John Baliol Nephew to the elder Daughter excluding thereby Robert Bruse son to the yonger yet that sentence was held to be unjust in Scotland and the Crown restored to Robert Bruse his son whose posterity holds it to this day 6. The like whereof in Naples Lewis Prince of Taranto son to Philip prevailed before Joan the Neece of Robert aforesaid who was Philip's elder brother though Philip died before Robert because he was a man and a degree neerer to his Grand-father than Joan. 7. And in England it self Henry 1. preferred before William son and Heir of Robert of Normandie his elder brother And King John preferred before Arthur D. of Britanie the son and Heir of his elder brother Geoffrey because he was neerer to Richard his brother then dead than was Arthur Which Right of his the English inclined still to acknowledge and admit and thereupon proclaimed him King notwithstanding that the French and other Forrein Princes of stomach opposed themselves against it King John rightfully preferred before his Brother Arthur Against this last King Richard when he was to go to the Holy Land caused his Nephew Arthur to be declared Heir apparent to the Crown thereby shewing his Title to be the better Answ 1. It was not by Act of Parlament of England for Richard was in Normandie when he made it 2. Richard did it rather to repress the amhitious Humor of John in his absence 3. This Declaration was never admitted in England but renounced by consent of the Nobility in his absence 4. Richard himself at his return disadvowed it appointing John to be his Successor by his last Will and caused the Nobles to swear Fealtie unto him as to his next in blood The Opinion of Civil Lawyers touching the Right of the Uncle and Nephew Contra Sect. 83. This Controversie divided all the Lawyers in Christendom Baldus Oldratus Panormitanus c. for the Nephew Bartolus Alexander Decius Alciatus Cujatius c. for the Uncle Baldus himself at length concludeth That seeing rigor of Law runneth only with the Uncle being properly neerest in blood by one degree and that only indulgence and custom permitteth the Nephew to represent his Father's place whensoëver the Uncle is born before the Nephew and his elder brother dieth before his Father as in the case of John of Gant and Richard 2. he may be
travel into Italie confessed it at his return and both of them affirmed they were man and wife but because they could not prove it by witnesses and for attempting such a matter with one of the Blood Royal without privitie and license of the Prince they were both committed to the Tower where they used means to meet afterwards and had the second Son Ed. Seymore Now the first Son may be ligitimate before God yet illegitimate before men and therefore incapable of Succession For the second to be legitimate whereas there wanteth nothing but witnesses for the presence of Minister is not absolutely necessary to justifie their marriages by Law The Queen herself her Counsel and as many as had the Examination of these parties upon their first act or Child-birth are witnesses unto them besides their resolution to continue man and wife protested before them and confirmed by this effect of their second carnal meeting in the Tower CAP. VII Examination of the Title of the Houses of Clarence and Britanie Against the House of Clarence in general THeir Claim is founded only upon the Daughter of George Duke of Clarence yonger Brother of Ed. 4. So that as long as any lawful issue remaineth of the Daughters of the elder brother no claim or pretence of theirs can be admitted 2. If the pretence of Lancast be better than that of York as before it seemeth to be proved S. 36. 38. 40. 42. c. then holdeth not this of Clarence which is meerly of York 3. The House of Clarence hath been often attainted 1. In George himself 2. In the Countess of Salisbury his Daughter and Heir 3. In the Lord Montague her Son and Heir whereby their whole interests were cut off For albeit since those attainders it hath been restored in Blood yet hath not that been sufficient to recover unto that House the ancient Lands and Titles of Honor thereunto belonging for they were forfeited to the Crown as is also to the next in Blood unattainted the prerogative of succeeding to the Crown unless special mention had been made thereof in their restauration Against the Earle of Huntington in favor of the Pooles Upon the attainder of the Lord Montague with his Mother of Salisbury all such right as they had or might had being cut off in them fell upon Geoffrey brother of the said Lord 1. Because he was not attainted 2. He was a degree neerer unto the Duke of Clarence and thereby hath the Priviledge of an Uncle before the Neece S. 34. 40. than the Lady Katharine 3. He was a man she a woman and neither of their Fathers in possession of the thing pretended which priviledge of Sex got the last King of Spain the Kingdom of Portugal 4. Inconvenience of Religion this point altered by the death of the last Earle First Title of the Infant as Heir unto the House of Britain from William the Conqueror Sect. 12. She is discended of the antient Royal Blood of England from the eldest Daughter of the Conqueror Constance whereof her friends infer two Consequences 1. When the Conqueror's sons died without issue or were made incapable of the Crown as Henry 1. seemed to be for the violence used to his elder brother Robert and his son William Sect. 11. then should the elder sister have entred before King Stephen who was born of Alice or Adela her yonger sister The coming of a Woman no bar to inher in England Though the Salick Law seemeth to exclude her from the Crown of France yet from the inheritance of England Britanie Aquitayne c. coming to her by Women and falling ordinarily in Women nor that nor other Law excludeth her Second Title of the Infant by France whereof she is Heir general from Henry 2. She is Lineally descended from Eleonor the eldest daughter of Henry 2. Sect. 15. by whom she is Heir general of France and thereby of England Sect. 15. for three reasons 1. King John by the murther of his Nephew Arthur of Britanie forfeited all his states whatsoever Now this happened four years before his son Henry 3. was born and therefore the Crown by right should have come to the said Eleonor his elder sister 2. Arthur being prisoner in the Castle of Roan and suspecting that he should be murthered by his Uncle John nominated the Lady Blanche daughter and heir to Eleonor to be his Heir which were it not good yet when he and his sister was put to death she and her Mother were next of kinn unto them for any more of England S. 12. 3. John was actually deposed by the Barons and States of the Realm 16 Regni sui and Lewis of France the Husband of Blanche elected and admitted with their whole consent to whom they swore Fealtie and Obedience in London for him and his heirs and posteritie 1217. giving him possession of London and the Tower and many other important places Now ableit that they chose after his John's son Henry 3 Yet Titles and Interests to Kingdoms once rightly gotten never die but remain ever for the posterity to set a foot so came Hugo Capetus to the Crown of France Odo Earle of Paris his ancester being once elected admitted and sworn King though after deposed and Charles the simple chosen Third Title of the Infanta from Henry 3. She is Lineally discended of Beatrix daughter of Henry 3. S. 17. Now seeing that the posterity of both her brothers Edward and Edmond the heads of the two Houses of Lancaster and York have oftentimes been attainted and excluded from the Succession by sundry Acts of Parliament and at this day are at contention among themselves why may not the right of both Houses by Composition Peace and Comprimise at least be passed over to their Sisters issue Objections against the Infanta 1. These her Claims are very old and worn out 2. Her claims are but collateral by sisters 3. She is a stranger and Alien born 4. Her Religion is contrary to the State Answered by those that favor her Title Antiquity hurteth not the goodness of Titles to Kingdoms when occasion is offered to advance them which commonly are never presumed to die nullum tempus occurrit Regi 2. Collateral Lines may lawfully be admitted to enter when the direct either fail or are to be excluded for other just respect 3. The point of forrein birth is sufficiently answered before Sect. 50. 4. The impediment of other Religion is not universal nor admitted in the judgment of all men but onely of such English as differ in Religion from her to the rest and those many it will rather bee a motive to favor then hinder her title CAP. VIII Examination of the Houses of Spain and Portugal The Dutchie of Lancaster belong's to Portugal THe King of Spain is lineally descended from the two daughters of John of Gant by his two first wives Sect. 23 24. the former whereof the Ladie Blanche beeing heir of the Duchie Sect. 19. when the posteritie of his issue male
by her came to bee exstinct as it was in the children of H. 6. there is no reason but the issue of his daughters those that claim by Portugal Sect. 23 should succeed at least in the inheritance of that Duchie The Crown of England to John of Somerset son to John of Gant But for the right and title to the Crown of England which came by John of Gant himself third son of Edw. 3 and eldest that lived when hee died John Earl of Somerset though begotten out of matrimonie yet afterwards legitimated Sect. 25. his eldest son by Katharine Swinford was to inherit before the Ladie Philippe his sister by the Ladie Blanche The first reason of Portugal against Somerset Against which the favorites of Portugal allege divers reasons 1. Beeing born out of Wedlock and in Adulterie Sect. 25. and continuing a bastard many years hee could not bee made legitimate afterwards by Parlament to that effect of Succession to the Crown before Q. Philippe of Portugall and her children born before his legitimation who thereby had vim acquisitam as the Law saith which could not bee taken away by any posterior Act of Parlament without consent of the parties interessed Second Reason John King of Portugal married the Ladie Philippe with condition to enjoy all prerogatives that at day were due unto her which was six or seven years before his legitimation For Don Alonso and Don Edwardo the two sons of the said John and Philippe were born in the years 1390 and 1391. And John of Gant married Katharine Swinford and legitimated her children in the years 1396 1397. Third Reason The marriage of John of Gant with Katharine Swinford helpeth litle to better this legitimation which by the rules of the Common and Civil Laws is but a bare deposition for their children were Spurii begotten in plain Adulterie not in fornication onely and consequently the Privilege that the Law giveth to the subsequent mariage of the Parties by legitimating such children as are born in simple fornication where the parties are single cannot take place here nor can any legitimation equal much less prefer the legitimated before the lawful and legitimate by birth The Fourth Reason alleged by the Favorers of Portugal against the Issue of John of Somerset When Henry 6. and his son were extinguished and Edw. 4. usurped the Crown there remained of the Ladie Philippe Alfonse the Fift King of Portugal her Nephew of John of Somerset Margaret Countess of Richmond his Neece The Question is which of these two Competitors of the Hous of Lancaster and in equal degree from John of Gant and Henry 6. should have Succession by right immediately after the death of Henry 6. Alfonso say they for three Reasons First hee was a man and Margaret but a woman though shee came of the man and hee of the woman 2. Hee descended of the lawful and eldest daughter shee of the younger brother legitimated 3. Hee was of the whole blood to H. 6. and shee but of the half In which regard hee was to bee preferred at least in all the interests of Succession which were to bee had from Henry 4. onely and were never in his father John of Gant which were many as his right gotten by arms upon the evil government of the former King his Election by Parlament and Coronation by the Realm c. see for the rest Sect. 35. 43. Besides when King Richard 2. was dead hee was next in degree of propinquitie unto him of any man living as hath before been proved Sect. 36. CAP. IX The Genealogie and Controversies of Portugal 76. The Genealogie of Portugal Emanuel had by one wife six children 1. John 3. hee John that died in his father's time hee Sebastian slain by the Moors in Barbarie 2. Isabel Grandmother to the present King of Spain 3. Beatrix Grandmother to the Duke of Savoy 4. Lewis father of Don Antonio lately deceased in England 5. Henry Cardinal and after King 6. Edw. father of Mary Duchess of Parma who hath two sons Ranuntius Duke of Parma and Edward a Cardinal and father of Katharine Duchess of Bragança yet living whose Issue is Theodosius Duke of Bragança Edward Alexander and Philippe young Princes of great exspectation Five pretenders unto the Crown of Portugal Sebastian beeing dead Henry son of Emanuel succeeded who beeing old unmarried unlikely to have issue before him was debated the right of five Pretenders to the Succession of that Crown vid. Philippe of Spain Philibert Duke of Savoy the Duke of Parma his mother beeing then deceased Don Antonio and the Duchess of Bragança the three first by their Deputies the fourth Anthonio by himself and for himself the fift by her husband the Duke and his learned Council Of these the Duke of Savoy was soon excluded becaus his mother was younger sister to K. Philip's mother and himself younger then Philippe Don Antonio a Bastard and excluded Don Antonio was also rejected and pronounced a bastard by the said King Henry for many reasons 1. Hee was taken to bee so all his father's life time and that without question 2. Certain Decrees coming out from Rome in the time of Julius 3. against the promotion of bastards hee sued to the said Pope to bee dispensed withall 3 His father Don Lewis hath oftentimes testified by word and writing that hee was his Bastard and signified asmuch in his last will 4. It is likely that if Lewis had married his mother who was base in birth and of the Jewish as som stories affirm hee would have made som of his friends and kindred acquainted therewith as a matter so much important to them to know which hee never did though the King avowed himself was present with him at his death 5. If hee had been legitimate why did hee not pretend the Succession before the said King next after the death of Sebastian beeing son to his elder brother as well as was Sebastian 6. Whereas hee had produced witnesses vid. his mother sister with her husband and two others to prove that his father before his death had married with his mother in secret the said K. Cardinal affirmed that upon their examination hee had found they were suborned by Anthonio becaus they agreed not in their reports and becaus som of them confessed they were suborned whereupon hee hath caused them to be punished If not why not Duke of Lanc. Seeing that in England wee hold the said Don Anthonio for true King of Portugal I see not how wee can deny his children their right at least to the Duchie of Lancaster whereof whosoëver is right heir of Portugal should bee rightest heir Sect. 70. Allegations to prove the Duke of Parm's right That hee represented his mother and shee her father Lo. Edward who had hee been alive had carried it from his elder sister Elisa K. Philip's 2. mother consequently his issue to bee preferred before hers 2. Against the Duchess of Bragança that his mother was the elder sister therefore
whom they abandoned and chose Jeroboam his servant and a stranger And what availed it the Duke of Glocester Tho. of Woodstock that hee lived under his Nephew Ric. 2. or the Duke of Clarence the right of his brother Sect. 4. or the De la Pooles Staffords Plantagenets their beeing under their near kinsman Henry 8. by whom they lost both their lives possessions and kindred Many other examples might bee drawn from the Romans Sicilians Spanish English c. who have been much the wors for their home-born Princes Opinion and the beeing under several Governors make 's strangers or no strangers Who bee strangers and who not dependeth much of the opinion and affection of each people and nation the one towards the other but chiefly their being under the same or several Governments The hous of Guise and their kindred were held for strangers in France yet came they but out of Lorrain a Province bordering upon France and of the same nation language and manners onely under another Prince The Florentines are hated and held strangers in Siena where they govern albeit the one State bee not 30 miles from the other and both of one nation language and education On the contrarie the Biscayns hold not the Castillians for strangers nor the Normans and Britains the French nor the Welsh the the English a different people and of different language Three means of coming under forreign Government One Nation may becom subject to another either by Conquest as the Welsh were to the English the English to the Normans and Danes Sicilia and Naples to the Spaniards c. Or inheritance as Aquitaine and Normandie to England the 17 Provinces to Spain Britanie to France Or by mixt means of force and composition as Milan to Spain Ireland to England and Portugal in our daies to Spain The Condition of Conquest and the wisest Conquerors Conquest is of these three the hardest for the Subject all standing at the Will and Humor of the Conqueror whom either anger fear or jealousie of his assurance may often drive to hold a hard hand over the Conquered at least for a time until his State be settled Yet have these ever at least the wisest dealt like Physitians who after a vehement Purgation minister Lenitives and soft Medicines to calm and appease the good Humors left and to strengthen the whole bodie again that it may hold out Commendation of the Romane Government best to their Forrein Subjects The carriage of the Romans was so just considerate sweet and modest towards all Forrein Nations they had conquered that it allured divers Nations to desire to be under them and to be rid of their natural Kings as the Subjects of Antiochus and Mithridates Other Kings to gratifie their subjects nominated the Romane Empire for their successor as Attalus of Pergamus and Ptolomie of Egypt and others Their manner was to do most favors and give most priviledges unto the most remote Nations they having the best ability to Rebel against them wherein this circumstance of being most strangers most helped them So are the French to the Britans c. The like rule of Police have all great Monarchs used ever since As in France the States of Gasconie and Guyen conquered from the English pay far less tribute to the King than those of the isle of France it self The Britains which were old enemies and came to the Crown by marriage pay much less than they The Normans somwhat more than either because they lie somwhat neerer to Paris yet less than the natural Frenchmen Venetians to Candia The Candians pay not the third part of the Impositions unto the State of Venice whereto they are subject that do the natural subjects of Venice in Italie because it is an island a part and standeth further off Spaniards to their Subjects of Italie The Subjects of Naples Scicilie and Milan pay not the Aloavalla viz. the tenth penie of all that is bought and sold and imposed upon the natural Spaniards nor are they subject to the Inquisition of Spain especially not Naples and Milan nor doth any Law or Edict made in Spain hold in those Countries except it be allowed by the States thereof Nor may any of their old Priviledges be infringed but by their own consents Nor are they charged with any part of the extraordinary Subsidies which the King requireth of Spain And of the Low-Countries The Flemings enjoyed great tranquility under the Dominion of Spain before they revolted having a Governor of another Nation over them but his time being but short he strove principally to get and hold the Peoples good will thereby to be grateful to his King at his return home and if he attempted ought against them they complained by their Chancellor residing for them in the Spanish Court for all Forrein Nations have their particular Counsel there about the King and by his mediation obtained many Priviledges Now in the space of 28. in all which time they have been suffered to traffick freely into Spain years of their Revolt there hath not a quarter so many been punished by order of justice as Conte Lewis their natural Prince caused to be executed in one day in Bruxells which were 500. Nor had Alva any thank of the King for putting to death Count Egmont and Horne whereas in Arragon a neerer State there were many heads chopt off upon a late insurrection So that the Circumstance of being strangers and dwelling far off doth them great pleasure and giveth them many Priviledges above the home-born or neer limitting subjects The States of Italie better Governed by their late Vice-Roys than their former home-born Princes In Italie if you compare the number of the afflicted and executed by Justice or otherwise under their home-born Kings with that which hath been since you shall finde twenty for one especially of the Nobilitie the reason is their Kings were absolute and acomptant to no man and being but men and having their passions and emulations with the Nobilitie which they might satisfie without controule they pulled down and set up at pleasure and oftentimes made but a jeast of Noblemens lives and deaths But Viceroys have no authority nor commission to touch principal persons lives without relation given thereof to your King and Council and their order touching it Then knowing that after their three years Government is ended they must stay forty dayes as private men under the succeeding Governor to answer their former proceedings against all that shall accuse them they take heed what they do and whom they offend The late Kings of England extreamly cruel to their Nobilitie To come neerer home and to omit those which in the time of Wars Rebellions and Commotions occasions somwhat justifiable have been cut off within the space of one five years of Henry 4. there were executed in peace by Justice and the Princes Command 2 Dukes 1 Archbishop 5 Earles the Baron of Kinderton and four Knights Within almost as little a space of Ed.