bastard-brother to the prejudice of his his lawful Edmond and Aldred This Egbert left a son named Elthelwolfe or Adelwulfe or Edolf who succeeded him and had four sons Ethelbald Ethelbert Ethelred and Alfred who were all Kings one after another and for the most part most excellent Princes specially Alfred the last of all whose acts bee wonderful Hee left a son as famous as himself which was Edward the elder who dying left two lawful sons Edmond and Aldred and one illegitimate named Adelstan which being esteemed to bee of more valor then the other two was preferred to the Crown before them and was a Prince of worthie memorie Hee brought England into one perfit Monarchie having expelled utterly the Danes and quieted the Welchmen Conquered Scotland and brought their K. Constantine to do him homage Restored also Luys d'Outremer his nephew to the kingdom of France Aldred to the prejudice of his Nephews Edwin and Edgar This Adelstan dying without issue his lawful brother Edmond was admitted who left two sons Edwin and Edgar but for that they were yong they were put back and their Uncle Aldred preferred who reigned with the good will and prais of all men Edgar to the prejudice of his elder brother Edwin Aldred dying without issue his elder Nephew Edwin was admitted to the Crown but yet four years after hee was deposed again for his leud and vitious life and his younger brother Edgar admitted in his place who was one of the rarest Princes that the world had in his time Stow saith hee kept 3600 ships in this Realm Canutus Dane to the prejudice of Edmond and Edward Englishmen This Edgar had by his first Wife Egilfred Edward called the Martyr and by his second Alfred Etheldred Which Alfred to the end that her Son might Reign caused Edward to be slain and so Etheldred came to the Crown though with much contradiction moved in hatred specially of the murther of his Brother This Etheldred was driven out of this Kingdom by Sweno King of the Danes who possessed the Realm and dying left a Son Canutus with whom Etheldred returning after the death of Sweno made an Agreement and Division of the Realm And so died leaving his eldest * Son Edmund Iron-side to succeed him who soon after dying also left two Sons Edmund and Edward but the whole Realm to Canutus who pretended it to be his by a Covenant made between Iron-side and him That the longest liver should have all and so with the Realm took the two Children and sent them over into Swethland And was admitted not only by the consent of the Realm but allowed also by the Sea of Rome And he lived and proved an excellent good King and after twenty years Reign died much mourned by the Englishmen Harald Bastard preferred to his lawful Brother Hardicanutus This Canutus left a base Son named Harald and a lawful one named Hardicanutus But Harald was by the more part of Voices chosen before his lawful Brother Hardicanutus preferred before his neerer in Blood After the death of Harald Hardicarnutus was chosen without any respect either to Edward the Confessor Alured Sons to Etheldred that were in Normandy or to Edmond and Edward Sons to his Son Iron-side that were in Sweathland though in proximitie of Blood they were before him Alured and Edward the Confessor before Edmond and Edward their eldest Brother's Sons But this Hardicanutus dying without issue Alured second son to Etheldred by his second Wife against the priority both of his Brother and his Nephews that were in Swethland was called to be King but being murthered by the way by Goodwin the Earl of Kent his elder brother Edward the Confessor was admitted yet before Edmond and Edward sons to his elder brother Iron-side And the said Edward the Confessor was a most excellent Prince and Reigned in Peace almost twenty years Harald 2. to the prejudice of Edgar Edward being dead without issue The States made a great Consultation whom they should make King and first of all excluded him that was only next by Propinquitie of blood which was Edgar eldest son to Edward the Out-law son to Edmond Iron-side because he was a Child not able to Govern the Realm And Harald son to the Earle Goodwin by the Daughter of Canutus was admitted William Duke of Normandie his Title by Election But William Duke of Normandie pretended to be chosen before by * Edward the Confessor with the consent of the Realm which though no English Authors do avow it cleerly seemeth notwithstanding very probable Because the said William had at his Entrance many in England that did favor his pretence and that as Gerard saith At his coming to London he punished divers by name for that they had broken their Oaths and Promises in that behalf Moreover by alleging his Title of Election he moved divers Princes abroad to favor him in that action as in a just quarrel which it is not like they should have done if he had pretended only a Conquest or his Title of Consanguinity which could be of no importance in the world Among others Pope Alexander 2. whose Holiness was greatly esteemed in those dayes did send him his Benediction and a precious Ring of Gold with a Hallowed Banner St. Anthoninus Archbishop of Florence commended his enterprise But howsoever he got the Victory and God prospered his Pretence and hath confirmed his off-spring in the Crown more than these Five hundred years Examples after the Conquest William Rufus and Henry 1. to the prejudice of their elder brother Robert William the Conqueror left three sons Robert William and Henry and by his Will the Kingdom to William named Rufus forsom particular displeasure against his elder son who being at his fathers death absent in the war of Jerusalem was put back although the most part of the Realm was inclined unto him and William Rufus by the persuasion of Lanfrake Archbishop of Canterbury was established in the Crown And hee dying without issue his younger brother Henry against the right also of his elder brother Robert absent again in the war of Jerusalem did by fair promises to the people and the help of Henry Newborow Earl of Warwick and Maurice Bishop of London get the Crown wherein God did so prosper him that his said brother Robert coming afterwards to depose him of it hee took him prisoner and kept the Crown King Stephen preferred to Henry 2. his nearer in blood and Henry again to Stephen his issue This King Henry left a daughter which had of Jeffrey Plantagenet Duke of Anera a son named Henry whom Henry his Grandfather caused to bee declared Heir apparent in his daies But yet after his deceas becaus Prince Henry was but a childe the State of England did choos Stephen Earl of Boulongue and son to Adela the Conqueror's daughter putting back both Henry and his Mother But again for that
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
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
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
Assertion Fourth The Fourth which hath been touched before is That a Prince once entered to Government and so placed as hath been said is under no Law or Restraint at all of his authoritie but that himself only is the quiek and living Law and that no limitation can be given unto him by any power under heaven except it be by his own will and that no Nation or Common-wealth can appoint or prescribe how they will Obey or how their Prince shall Govern them but must leave his authoritie free from all bands of Law and this either willingly or by violence is to be procured Assertion Fifth The Fifth That albeit the Heir apparent which is next by Birth to any Crown should be never so impotent or unfit to Govern as if for examples sake he should be deprived of his Senses Madd Furious Lunatick a Fool or the like or that he should be known on the other side to be most Malicious Wicked Vitious or abhominable or should degenerate into a very Beast yea if it were known that he should go about to destroy the Common-wealth and drown the Ship which he had to guide yet saith this man he must be Sacred and Holie unto us and admitted without contradiction to his inheritance which God and Nature hath laid upon him and his direction restraint or punishment must only be remitted to God alone for that no man or Common-wealth may reform or restrain him Succession by Birth better than meer Election Indeed Succession is much to be preferred to Election for that as hath been shewed before of the Government of a Monarchie in respect of other Forms Succession hath commonly far fewer and lesser inconveniences Reason First First Election is subject to great and continual dangers of Ambition Emulation Division Sedition and Contention which bring with them evident peril of universal destruction whereas by Succession these occasions of strife are cut off Reason Second Besides The Prince is in present possession knowing that his Son or next of Kinn is to be his Heir hath more care to leave the Realm in good order Reason Third Succession also bringeth less Mutations in the Common-wealth for that the Son following his Father doth commonly retain the same Friends Counsellors and Servants pursueth the same actions and intentions and for the most part with the same manner whereas he which entereth by Election being an Alien and never likely friend to his predecessor doth alter and turn up-side-down all things Reason Fourth Fourthly He that cometh by Succession having been much respected still for his Title to the Crown bringeth with him less Passions of Hatred Emulation Anger Envie or Revenge against particular men than he that entreth by Election who having been equal to others before his advancement and holden contention with many must needs have matter of quarrel with them which he will seek to revenge when he is in authoritie and they on the other side will bear him less respect and more unwillingly be under him Reason Fifth Whereunto may be added the preeminence and priviledge of Premogeniture and ancestrie of Birth so much respected and commanded by holy writ so that although Jacob were ordained by God to inherit the Benediction yet would God have him to procure the said Priviledge of Eldership from Esau his elder Brother Wherein may also be noted That yet this priviledg is not so inviolable but that upon just causes it may be broken and so in matters of State it was often practiced by God himself as when Juda the 4th Tribe and not Ruben the first was appointed to enjoy the Scepter of the Jews and when Solomon tenth Son of David was appointed to be his Successor not his first or second Election and Succession do help one another And so where in Succession there are inconveniencies as some be or may fall the remedie is First to assist the Prince with Directions and wise Counsel if he be capable thereunto if not to remove him and take in another of the same Blood in his place And by this means Election and Succession do help and moderate one another and remedie one anothers inconveniencies Answer to the first Question propounded at the beginning Now to the first Question made at the beginning of this Chapter What is due to Succession or Prioritie of Blood alone Great honor and respect is to be born unto the same for that it is the principal Condition that leadeth infallibly to the next Succession of the Crown If in the same Person do concur also other necessary circumstances and conditions which were appointed at the same time and by the same authoritie that the Law of Succession was established Answer to the Second To the Second What Interest an Heir apparent hath to the Crown before he be Crowned If he have the Conditions before required he hath the same Interest to the Kingdom which the King of the Romans or Caesar hath to the Germane Empire after his Election who yet is not Emperor before he be Crowned Or as in a Contract of Marriage there is Betrothing made between the parties by words de futuro and is not properly Marriage but espousal only and the Wedding made by words de praesenti or by mutual present consent of both Parties So an Heir apparent before he be Crowned and admitted is but Betrothed to the Common wealth for the time to come and is married afterwards by present mutual Consent and Oaths of both Parties What Respect is due to an Heir Apparent Wherefore the Common-wealth in rigor of Justice oweth no Alleageance to the Heir apparent though his Predecessor be dead until he be Crowned because indeed till then he is not their true King and Sovereign els it were in vain to ask the Realm again three times at their Coronation Whether they will have such a King or no And in the old time they were accustomed to reckon the years of their reign only from the day of their Coronation But in the latter ages for avoiding of Tumults and better keeping of Order it hath been ordained That from the death of the former Princes all matters of Government shall pass in the Name of his next Successor And for better accompt of years That the beginning of his Reign should be reckoned from the day of the Death of his Predecessor A Rare Example of HENRY the Fifth who had Fealtie done unto Him before He was Crowned Again By that in all Countries the Subjects take their Oaths only after the Princes hath Sworn it appeareth that before they were not bound unto him by Alleageance And for the Princes of England it is expresly noted by English Historiographers That no Allegeance is due unto them before they be Crowned and that this Priviledge happened only to Henry the Fifth for his exceeding towardliness and for the great affection of the People towards him to have Homage done unto him before his Coronation and Oath taken Which
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
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
preferred for the elder brother cannot give or transmit that thing to his Son which is not in himself before his Father die nor can his son represent what the Father never had The Common-Law dealeth not with the Point of Succession to the Crown Touching the Common Law the right and interest to the Crown is not expresly decided in it nor is it a Plea subject to the rules thereof but superior and more eminent nor are the Maxims thereof alwayes of force in this as in others As in the case of Dower Copercenars and Tenancie by the courtesie No more ought they to be in this case of inheritance as by the former eight Presidents hath been shewed The Common Lawyers then refer this point of the Crown to Custom nothing being in effect written by them touching it Only the best of our old ones favored that title of Lancaster and Chancelor Fortescue and Sir Tho. Thorope chief Baron of the Exchequer in Henry 6. his time were much afflicted for it by the contrary faction The Princes of York often Attainted The Princes of York forfeited their Right by their Conspiracies and Attainder thereupon as R. Earle of Cambridge put to death therefore by the Judgment of his Peers his elder brother the Duke of York being one of the Jury that condemned him His son Richard Duke of York was also attainted of treason after many oaths to Henry 6. sworn and broken by him and his son Ed. 4. with the rest of his off-spring to the ninth degree at a Parlament at Coventry Anno 1459. But the House of Lancaster was never attainted of any such crime The Hous of York came to the Crown by Violence and Crueltie Edward 4. entred by violence wilfully murthering besides divers of the Nobilitie Henry 6. a good and holy King and his son Prince Edward dispossessing the Hous that had held the Crown about 60 years together in which time their Title had been confirmed by many Parlaments Oaths Approbations and publick Acts of the Common-wealth and the consent of all forreign Nations All which had been enough to have autorized a bad Title Those of Lancaster better Princes than those of York The 4 Henries of the hous of Lancaster were far more worthie Princes then the 4 Princes of the Houses of York as Edw. 4. Rich. 3. Hen. 8. Edw. 6. And if the affairs of any the former especially the 3d succeeded not the chief caus thereof was the sedition rebellion and troubles raised by those of York and their contention against the Princes of the Houses of Lancaster The Cruelty of the Princes of York one to the other The Princes of York have not been onely cruel to their enemies but to themselvs too embrewing their hands in their own blood Then when they had ruined th'other George Duke of Clarence conspired against Edw. 4. his own brother with whom reconciled Edw. caused him afterwards to bee murthered at Calis Rich. 3. murthered his two young Nephews and Henry 8. a great number of that Hous as Edmund de la Poole his Cousin German Henry Duke of Buckingham his great Ant 's son extinguishing that and ruining this familie Also Henry Courtney Marquis of Exceter his own Cousin german the Ladie Margaret Countess of Salisbury and daughter to George D. of Clarence and her son the L. Montague c. The kindness of the Princes of Lancaster But the Love Union Confidence Faithfulness Kindeness and Loialtie of the Princes of Lancaster towards th'other was very notable as in the 2 brothers of Henry 4 and the 3 brothers of Henry 5. and in five or six Dukes of Somerset their near Cosens which argueth both a marvellous confidence those Princes had in that quarrel and a great blessing of God unto the whole familie that agree'd so well The Successes of such noble Houses as followed either partie Another blessing seemeth to bee bestowed on them That no antient great Houses are remaining at this day in England but such as chiefly took their parts as Arundel Oxford Northumberland Westmerland and Shrewsbury whereas the chief partakers of the other Faction are all destroied as Mowbray Duke of Norfolk De la Poole Duke of Suffolk th' Earl of Salisbury th' Earl of Warwick and many others CAP. III. Examination of the Title of the Hous of Scotland Sect. 28. Allegations for the K. of Scots 1. THat hee is descended of the eldest daughter of Henry 7. without bastardie or other lawful impediment and therefore hath the right of prioritie 2. The benefit would accrew unto the Common-wealth by the uniting of England and Scotland a point long sought for 3. The establishing of true Religion in England Hee is not of the Hous of Lancaster but rather of York Hee is not descended truly of the Hous of Lancaster becaus not of the Ladie Blanch the true heir thereof but of Kathathine Swinford whose children were unlawfully begotten though afterwards legitimated by Parlament so that his best Title is by York inferior to that of Lancaster and therefore is to com in after them of that Hous Forrein birth not just impediment in Succession to the Crown of England Hee is Forrein born and therefore excluded by the Laws of England from inheriting within the land Answ 1. This Assertion in an universal sens is fals for a stranger may purchase and inherit by the right of his wife 7 9 Edw. 4. 11 14 Henrie 7. 2. The Statute of 25 Edw. 3. is to bee restrained unto proper inheritance onely viz. That no person born out of the Allegiance of England whose father and mother were not of the same Allegiance at the time of his birth shall not demand inheritance within the same Allegiance 3. This Statute toucheth not the Crown nor any except express mention bee made thereof 4. The Crown cannot properly bee called an inheritance of Allegiance or within Allegiance beeing held immediately from God 5. The Statute meaneth inheritance by descent onely but the Crown is a thing incorporate and therefore goeth as by Succession Now if a Prior Dean c. or other head incorparate though an alien may inherit or demand Lands in England notwithstanding the Statute much more may the Inheritor to the Crown 6. Express exception is made in the Statues of Enfants du Roi which word cannot but include all the King's off-spring and blood-Roial 7. King Stephen and Henry 2. born out of the Realm and of parents that were not of the Allegiance of England when they were born were yet admitted to the Crown without contradiction which argueth that by the cours of the Common Law there was no such stop against Aliens and that if the Statute would have abridged the antient libertie in this case of Succession it would have made special mention there which it doth not The King of Scots excluded by the last Will of Henry 8. Henry 8. his Will whereby he excludeth the off-spring of Margaret S. 4. Which though somwhat infringed by the testimony of two
or three S 7. yet 't is plain it was his own Will because he commanded it to be drawn written and sealed and never revoked it Besides it is subscribed by many witnesses and inrolled in the Chancery by his own command enough to make it good against the assertion of those few who to please the time wherein they spake in Queen Maries time might say and ghess the King was past memory when his stamp was put to it Now to make good what he did two Acts of Parlaments 28 35. of his Reign gave him full authoritie to dispose of this Point of Succession as he and his learned Council should think best for the Common-wealth By a Statute made in the 27th of Elisabeth 27. Elisah a Statute was made That whosoever shall be convinced to conspire attempt or procure the Queens death or is privie or accessary to the same shall loose all right title pretence claim or action that they or their heirs have or may have to the Crown of England Now the late Queen of Scots being attainted and executed by the authoritie of the said Parlament and for breach of the said Statute 't is easie to determine what Title her Son hath claiming only by her The Uniting of Scotland with England dangerous to the English or like to be 1. Only the increase of Subjects but those rather to participate the Commodities of England than to impart any from Scotland 2. The natural hatred of that People unto us and their ancient inclination to joyn with our enemies the French and Irish against us are Arguments of great mischiefs likely to ensue by that conjunction 3. The Scot must needs hold in jealousie so many Englishmen competitors of the Blood Royal and therefore will fortifie himself against them by those Forrein Nations of whom he is discended with whom he is allyed as the Scots French Danes and uncivil Irish which will prove intolerable to the English 4. The King both for his own safety and for the love he beareth to his own Nation will advance them and plant them about him in chief Places of credit which must needs breed Emulations and Controversies between them and the English Then must he of Force secretly begin to favor and fortifie his own to the incredible calamitie of the other as Canutus did his Danes and William the Conqueror his Normans neither of them enemies to the English blood nor evil Kings but careful of their own safeties for herein it is impossible to be neutral 5. The Romans with all their Power and Policie could never unite the hearts of England and Scotland in peace nor hold the Scots and North-Irish in obedience of any authority residing in England What then are we to hope for of this King herein The Religion of Scotland unpleasing to our State His Religion is neither fit for our State wherein Archbishops c. and Officers of Cathedral Churches are of much dignitie and there suppressed nor will be pleasing to our Nobilitie to be subject to the exorbitant and popular authoritie of a few ordinary Ministers which the King himself is there content to yield unto And therefore it is likely that few will be forward to entertain that King for the reforming of Religion here that hath no better Order in his own at home For the Ladie Arabella For the Ladie Arabella is alleged her being an equal degree of Discent with the King of Scots Her being above him in all hopes for herself or benefit to the English that can be expected in an English Prince and a Prince born in England Against Her Neither she nor the Scot are properly of the House of Lancaster and the Title of Lancaster is before the Pretence of York ut suprà 2. The testament of King Henry 8. barreth her as well as the Scot 3. Her Discent is not free from Bastardie for Queen Margaret soon after the death of her first Husband married Steward Lord of Annerdale who was alive long after her marriage with Anguis and it is most certain also That Anguis had another Wife alive when he married the said Queen All this confirmed by the Lord William Howard Father to the now Admiral sent into Scotland by Henry 8. of purpose to enquire thereof who reported it to King Henry Queen Mary and divers others For this cause King Henry would have letted the marriage between Anguis and his Sister and chiefly caused him to exclude her issue 4. She is a Woman and it were perhaps a great inconvenience that three of the weak sex should succeed one the other 5. All her Kindred by her Father is meer Scotish In England she hath none but by her Mother the Candishes a mean Familie and Kindred for a Princess CAP. VI Examination of the Title of the House of Suffolk being Darby and Hartford Sect. 29. 30. The Earle of Hartford's Children illegitimate THe Children of the Earle of Hartford Discending of Ladie Frances the eldest Daughter of Charles Brandon are proved illigitimate 1. Because the Ladie Katharine Gray their Mother was lawful Wife to the Earle of Pembroke when they were born not separated from him by lawful authority or for any just cause but abandoned by him because her House was come into misery and disgrace 2. It could never be lawfully proved that the said Earle and Ladie Katharine were married but only by their own Assertions not sufficient in Law Therefore was the marriage disannulled in the Arches by publick and definitive sentence of Parker Archbishop of Canterbury not long after the Birth of the said Children 3. When the Marquess of Dorset married their Grandmother the Ladie Frances he had another lawful Wife sister to H. Fitz-allen Earle of Arundel whom he put away to obtain so great a marriage as was the Lady Frances This bred much hate between the Marquess and Earle ever after but the Marquess favor with K. Henry deprived the other of all remedy And therefore may their Mother the Lady Katharine seem illegitimate too Bastardie in the issue of Charles Brandon Charles Brandon had a wife alive when he married the Queen of France by which wife he had issue the Ladie Powyse wife of the Lord Powyse and this wife of his lived some time after his marriage with the Queen Darby's Evasion This Wife say the Friends of Darby died before the birth of the Lady Eleonor the yonger daughter their ancestor though after the Birth of the Lady Francis Hartford's ancestor Hartford's Confutation of the first Bastardie To the first Bastardy of Hartford their Friends affirm That the Contract between the Lady Katharine and the Earl of Pembrook was dissolved lawfully and judicially in the time of Queen Mary Hartford's evasion of the second Bastardie in the behalf of his Second born Edward Seymore The Lady Katharine being found with Child affirmed the Earle of Hartford to be the Father Hereupon he being sent for out of France where he was with Sir N. Throgmorton and had got leave to
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.