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
the Order holdeth the Crown The Duke of Gasconie and Guyenne the First Banner quartered The Duke of Normandie the Second Banner quartered The Earle of Tholosa the Golden Spurs The Earle of Champanie the Banner Royal or Standard of War The Earle of Flanders the Sword Royal. And this day the King is apparrelled three times and in several sorts 1. As a Priest 2. As a King and a Warrier 3. As a Judge Philip 2d This day Lewis specially for the Coronation of his Son Philip Agustus whom he caused also to be Crowned in his dayes In this Coronation whereunto Henry 2. of England as Duke of Normandie who held the Crown and one of his Sons as Duke of Gasconie were present the King being summoned by the Archbishop to keep all Priviledges of the Church Law and Justice answered I do promise and avow to every one of you and to every Church to you committed That I will keep and maintain all Canonical priviledges law and justice due to every man to the uttermost of my power and by God's help shall defend you as a good King is bound to do in his Realm And then laying his hands upon the Gospel made his Oath in these words Au nom de Jesus Christ re jure promets au peuple Chrestien à moy Subject ces choses c. First that all my subjects be kept in the union of the Church and I will defend them from all excess rapine extortion and iniquitie Secondly I will take order that in all judgments justice shall be kept with equitie and mercie to the end that God of his mercy may conserve unto me with yo◠my people his holy grace and mercie Thirdly I shall endeavor as much as possibly shall lie in me To chase and drive out of my Realm and all my Dominions all such as the Church hath or shall declare for Hereticks as God shall help me and his holy Gospels Then he kissed the Gospels and after Te Deum sung and other particular Prayers said by the Archbishop he was Vested and the Ring Scepter Crown c. were put upon him with declaration what they signified After all that the Archbishop and Bishops did bless him and then by the said Archbishop and the other Peers was led unto the Seat Royal where the Crown was put upon his head c. France Author of this manner of Coronation Albeit the substance of the Ceremonie of Sacring and Anointing Kings be much elder than the Christian Kingdom of France yet is this particular and Majestical manner of doing it by way of Coronation the most antient in France above all other Kingdoms round about And it is probable that most of them have taken their forms of anointing and Crowning from her for the affinitie and likeness of the one to the other as may be seen by that of Germanie and Polonia before recited by that of Navarra brought in by certain Earles of Champanie according to the use of France and others But among all England seemeth to have taken it most particularly from them not only for that divers English Kings have come out of France but also for that in very deed the thing it self is all one in both Nations The Manner of Admission in England First As the Archbishop of Rheims doth this Ceremony in France so in England the Archbishop of Canterbury And the first thing the said Archbishop requireth at the King's hands is about Religion Church matters and the Clergie whereupon the King sweareth and giveth up his Oath in writing which he laieth down with his own hands upon the Altar the words are these That he will during his life have reverence and honor unto almightie God and to his Catholick Church and unto his Ministers and that he will administer Law and Justice equally to all and take away all unjust Laws Which after he hath sworn the Archbishop turning about to the People declareth what the King hath promised and asketh Whether they be content to submit themselves unto this man as unto their King or no under the Conditions proposed Whereunto having yielded he put's upon him the Royal Ornaments as the Sword the Ring the Scepter and Crown and namely he giveth him the Scepter of St. Edward the Confessor and then addeth this exhortation Stand and hold thy place and Keep thy Oath with a great commination on the behalf of almightie God if he taketh the place and breaketh his Oath Henry 4th In the admission of Henry 4. the People were demanded thrice Whether they were content to admit him for their King And the Archbishop of Canterbury having read unto them what this new King was bound by Oath unto he took the Ring wherewith to wedd him to the Common-wealth which wedding importeth a mutual Obligation which was shewed to the People by the High Constable and then put upon the King's finger who kissed the Constable in sign of acceptance c. Edward 4th Edw. 6th Mary Elisab In the admission of Edward 4th the Peoples Consent was asked at two several times very solemnly notwithstanding that he had proved his Title by Succession before in Parliament And in the Coronation of Edward 6. Queen Mary and Queen Elisabeth's the Peoples consent and their acceptation was not only demanded but the Princes corporal oath also taken upon the Evangelists What is due to only Succession by Birth and what interest or right an Heir apparent hath to the Crown before he be Crowned or Admitted by the Common-wealth and how justly he may be put back if he have not the other parts requisite also CAP. VI Belloy's Assertions upon this Matter Assertion First BElloy's Assertions about this matter are plain and gross flatteries and opposite to all reason of State and practise of the World First he saith That all Families which enjoy Kingdoms in the world were placed therein by God only and that he alone can change the same Which indeed if he refer unto God's universal providence it is true that all is from God either by his Ordinance or permission but speaking of the next and immediate causes clear it is that men do also concur therein and that God hath left them lawful authoritie so to do for the publick benefit Assertion Second His Second Assertion is That where such Princes be once placed in Government and the Law of Succession by Birth established there the Princes Children or next of Kinn do necessarily succeed by only Birth without any new choice or approbation of the People Nobilitie or Clergie or of the whole Common-wealth together Assertion Third Whereunto he joyneth That a King never dieth for that whensoever or howsoever he ceaseth by any means to Govern then entereth the Successor by Birth not as Heir to the former but as lawful Governor of the Realm without any admission at all having his authoritie only by the condition of his Birth and not by adoption or choice of any
of Blood was established yet many examples do testifie That the next in Blood was oftentimes put back by the Common-wealth upon just causes Don Pelago's Son * being dead after two years Reign only none of his Children though he left divers were admitted because they were yong and unable to Govern But Don Alonso the Catholick his Son in Law who for his valiant acts was sirnamed the Great Don Aurelio and Don Silo to the prejudice of Don Fruela and his Children To Don Alonso succeeded his Son Don Fruela who was first a noble King But for that he declined to Tyrannie and put to death wrongfully his own Brother Don Vimerano rarely beloved of the Spaniards he was himself put to death by them And albeit he left two goodly lawful Children yet in hatred of the Father neither of them was admitted by the Realm to succeed him but his Cozen German Don Aurelio brothers Son to Don Alonso the Catholick who after six years Reign dying without issue a brother in Law of his named Don Silo was admitted Don Vermudo to the prejudice of Don Alonso the Chaste who nevertheless come's in again afterwards very happily This Don Silo being also dead without issue and the Spaniards anger against Don Fruela being now wel asswaged they admitted his aforesaid Son Don Alonso the yonger sirnamed the Chaste though his Reign for this time endured very little being put out by a bastard Uncle of his Don Aluregado with help of the Moors who after six years Reign dying also without issue the matter came in deliberation again Whether Don Alonso the Chaste that lived hidden in a Monasterie should be admitted again or rather his Cozen German Don Vermudo Son to his Uncle the Prince Vimerano whom his Father had slain The Realm determined Don * Vermudo though he were much farther off by Propinquity of Blood for that he was judged for the more valiant and able Prince than the other who seemed to be made more acquainted with the life of Monks than of a King Neither do the Historiographers of Spain reprehend this Fact of the Realm But King Vermudo after three years Reign being weary of a Kingly life and feeling some scruple of Conscience that he had forsaken the life Ecclesiastical he Resigned willingly the Government unto his said Cozen Don Alonso the Chast who after all his affliction having been deprived four times Reigned yet 51. years and proved the most valiant and excellent King that ever that Nation had both for his valor and other vertuous deeds and had great friendship with King Charles the Great of France who lived in that time Don Fruela to the prejudice of Don Ordonio's Children Don Ordonio the Second dying left four Sons and one Daughter and yet the State of Spain displaced them all and gave their Kingdom to their Uncle Don Fruela second Brother to their Father And Morales saith That there appeareth no other reason hereof but only for that these Sons of the King deceased were yong and not so apt to Govern well the Realm as their Uncle was And this notwithstanding that the said Morales writeth That at that time and before the Law of Succession by Propinquitie of Blood was so strongly confirmed that the Kingdom of Spain was made an inheritance so intayled and tyed only to the next in Blood as there was no possibility to alter the same Don Alonso 4th Son to Ordonio to the prejudice of Don Fruela his Children And Don Ramiro to the prejudice of the Children of Don Alonso And after a years Reign this King Fruela being dead and having left divers Children at mans state they were all put by the Crown and the eldest Son of the aforesaid Don Ordonio the second named Don Alonso the fourth was chosen for King Who leaving afterward his Kingdom and betaking himself to a Religious habit offered to the Common-wealth of Spain his eldest Son named Don Ordonio to be their King but they refused him and took his Brother Uncle to the yong Prince named Don Ramiro who reigned 19. years and was a most excellent King and gained Madrid from the Moors Don Sancho el Gordo to the prejudice of the yong Son of Ordonio the Third To Ramiro the second succeeded his elder Son Don Ordonio the third who after 7. years reign albeit he left a Son named el Enfante Don Vermudo yet he was not admitted but his Brother Don Sancho 1. sirnamed el Gordo Uncle to the yong Prince And the reason of this Alteration Morales giveth First that the said Enfante was a little Child and not sufficient for Government and defence of the Country But yet after Don Sancho had reigned and his Son Don Ramiro the third after him he was called and made King by the Realm under the name of Vermudo 2. who left after him Don Alonso 5. and he again his Son Don Vermudo 3. who Marrying his Sister Dona Sancha that was his Heir unto Don Ferinando first Earle and then King of Castile who was second Son to Don Sancho * Mayor King of Navar he joyned by these means the Kingdoms of Leon and Castile together which were separated before And so ended the Line of Don Pelago and entered the Blood of Navar The Third Race Dona Berenguela to the prejudice of her elder Sister Dona Blancha and her Son St. Lewis of France For the Third Race Prince Lewis of France who afterwards was King Lewis 8. Son to Philip Augustus having married Dona Blancha of Spain that was Neece to King John of England by her Mother-side upon these Conditions on the part of King John thereby to make Peace with the French that she should have for her Dowry all those Towns and Countries which the said King Philip had taken upon the English in Normandie and Gasconie And on the part of Spain That if the Prince Henry only Brother to the said Lady Blanch should die without issue then she should Succeed in the Crown of Spain got Lewis 9. by her And yet Prince Henry her Brother dying without issue both she and her Son were put by and excluded by the State of Spain against the evident Right of succession and Propinquitie of Blood And her yonger Sister * Dona Berenguela was admitted And the only Reason they yielded thereof was not to admit Strangers to the Crown Don Sancho el Bravo to the prejudice of his Nephews Don Alonso and Hernando de la Cerda The Prince of Spain * Don Alonso Nephew to St. Fernando dying before the King his Father left two * Sons Don Alonso and Hernando de la Cerda whom the Grand-father left Commended to the Realm as lawful Heirs apparent to the Crown Yet for that one Uncle of theirs yonger Brother to their Father named Don Sancho el * Bravo was like to manage the matters of War better than they he was by a general
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
to Odo for recompence the State of Aquitaine with title of a Duke Ralph 1. in the place of Charles the simple This Charles through his simplicitie beeing allured to go to the Castle of Peronne in Picardie was made there prisoner and forced to resign his Kingdom unto Ralph King of Burgundie And his Queen Algina or Ogen daughter of King Edward the elder of England fled with her little son Lewis that shee had by him into England unto her Uncle K. Adelstan And Charles through miserie died soon after in the said Castle of Peronne Lewis d'Outremer son to Charles the Simple established But this Ralph dying also three years after the States of France called out of England Lewis therefore named d'Outremor and crowned him And hee was a good King and reigned 27 years Hugh Capet to the prejudice of Charles of Lorrayne Louys d'Outremer left two sons Lothaire who succeeded him and Charles whom hee made Duke of Lorrayne Lothaire had a son named Louys who was King after him but died without issue And so the crown was to have gon by succession to his Uncle Charles Notwithstanding the States of France for mislike they had of his person did put him by and chose * Hugo Capetus Earl of Paris who by approbation of the Common-wealth was crowned and his race endureth until this day Hugh Capet his title not by usurpation And all the French Chronicles do justifie this title of Hugo Capetus against Charles Nangis an ancient and diligent writer of the Abbey of S. Denis defendeth it in these words Wee may not grant in any case that Hugh Capet may bee esteemed an Invador or Usurper of the Crown of France seeing the Lords Prelates Princes and Governors of the Realm did call him to this dignitie and chose him for their King and Sovereign Lord Upon which words Belforest saith For in very truth wee cannot by any other means defend the title of Hugh Capet from usurpation and felonie then to justifie his coming to the Crown by the consent and will of the Common-wealth A speech used by the Ambassador sent from the States of France to Charles of Lorrayne after his exclusion Here is to bee noted somwhat out of the speech which the Ambassador sent by the States of France after their election of Hugh Capet to Charles of Lorrayne did use unto him as followeth Every man knoweth Lord Charles that the Succession of the Crown and Realm of France according to the ordinarie Laws and Rights of the same belongeth unto you and not unto Hugh Capet now our King but yet the very same Laws which do give unto you this right of Succession do judg you also unworthie of the same for that you have not endeavored hitherto to frame your life and manners according to the prescript of those Laws nor according to the use and custom of your Countrey of France but rather have allied your self with the Germane Nation our old enemies and have acquainted your self with their vile and base manners Wherefore seeing you have forsaken and abandoned the ancient virtue sweetness and amitie of the French wee have also abandoned and left you and have chosen Hugh Capet for our king and have put you back and this without any scruple or prejudice of our consciences at all esteeming it far better and more just to live under Hugh Capet the present possessor of the Crown with enjoying the antient use of our Laws Customs Privileges and Liberties than under you the inheritor by nearness of blood in oppression strange customs and crueltie For even as those which are to make a voiage in a ship upon a dangerous sea do not so much repent whether the Pilot which is to guide the stern bee owner of the ship or no but rather whether hee bee skilful valiant and like to bring them in safetie to their way's end or to drown them among the waves even so our principal care is that wee have a good Prince to lead and guide us happily in the way of Civil and politick life which is the end why Princes were appointed For that this man is fitter to bee our King And so Charles was excluded and the Frenchmen thought themselvs secure in conscience for doing the same which God also hath seemed to confirm with the succession and happie success of so many noble and most Christian Kings as have issued out of this Line of Hugo Capetus unto this day Examples of the Third Rank Henry 1. to the prejudice of his elder Brother Robert In this Third Line Robert Hugh Capet his son who succeeded him had two sons Robert and Henry whereof the younger was admitted and Robert put back partly becaus hee was but a simple man in respect of Henry and partly for that Henry was greatly favored and assisted in this pretence by Robert Duke of Normandie Lewis 6. like to bee dis-inherited for the hatred of his father K. Philip 1. When Philip 1. son to this Henry was deceased the people of France were so offended with his evil life and Government as that his son Louis le Gros was like to bee dis-inherited for his sake if som of his partie had not caused him to bee crowned in hast and out of order at Orleans for preventing the matter Charles 8. for his father Lewis xi So the State of France had once determined to put back Charles afterwards the Eight from his succession for the hatred they bare to his father Lewis the XI if the said father had not died while the other was very young Examples of England Divers changes of Races in England For England it hath had as great varietie and changes in the race of their Kings as any Realm in the world For first after the Britains it had the Romans of whose and their own blood they had Kings again of their own After this they had them of the Saxon and English blood and after them of the Danes and then of the Normans and after them again of the French and last of all it seemeth to have returned to the Britains again in K. Henry 7. for that his father came of that race Examples before the Conquest Egbert 1. before his nearer in blood To pass over the ancient ranks of the British Roman and Saxon races until Egbert King of the West-Saxons and almost of the rest of England besides who therefore is said to bee properly the first monarch of the Saxon blood and first commanded that Realm to bee called England as ever since hath been observed this man Egbert beeing for his prowess in jealousie to his King Britricus was by him banished into France where he lived a Captain under the famous King Pepin till that Britricus dying hee returned into England where though hee were not the next by propinquitie of blood yet as Polydor saieth omnium consensu Rex creatur and proved the most excellent King that ever before the Saxons had Adelstan
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
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
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
Country to chuse either Democratia Aristocratia or Monarchia according as they shall like best for if they were determined by God or Nature they should be all one in all Nations which they are not seeing we see that every Nation almost hath her particular Form or manner of Government And the cause of these Differences Aristotle attributeth to the diversity of men's Natures Customs Educations and other such causes that make them make choice of such or such Forms of Government Diversitie of Government in divers Countries and Times And this Difference of Government is not in divers Countries only but also at divers times in one and the same Countrie For the Romans first had Kings after rejecting them for their evil Government they chose Consuls annual whose Authoritie was limited by a multitude of Senators and these mens Power by the Tribunes of the People and somtime Dictators and finally they came to be Governed by Emperors The like may be said of many Common-wealths both of Asia and Greece and at this day of Europe In Italie now divided into so many Common-wealths every one of them almost keepeth a different Form of Government Millan as also Burgundie Lorayne Bavire Gasconie and Brittanie the lesser were once distinct Kingdoms now Dukedoms Whole Germanie many yeers together a Kingdom now is divided into so many Dukedoms Earldoms and other Titles of Supreme Princes Castile Arragon Portugal Barcelona which were first Earldoms only and after Dukedoms and then Kingdoms are now all united under one Monarch Boëme and Polonia Dukedoms once now Kingdoms France first a Monarchie under Pharamond Clodion Merouye Childerick and Clodovaeus was after divided into Four Kingdoms to wit one of Paris another of Soissons the third of Orleans and the fourth of Metz and afterwards made one Monarchie again England first a Monarchie under the Britaines and then a Province under the Romans and after divided into Seven Kingdoms at once under the Saxons and now a Monarchie again under the English The People of Israël also were under divers manners of Government in divers times first under Patriarchs Abraham Isaac and Jacob then under Captains as Moses Josue c. then under Judges as Othoniel Acod Gedeon c. then under High Priests as Hely and Samuel then under Kings as Saul David c. then under Captains and High Priests again as Zorobabel Judas c. until they were brought under the power of the Romans So as there can be no doubt but that the Common-wealth hath power to chuse their own fashion of Government as also to change it upon reasonable causes and God no doubt doth approve it The Common-wealth limiteth the Governors Authoritie And as the Common-wealth hath this Authoritie to chuse and change her Government so hath she also to limit the same with Laws and Conditions Therefore the Consuls of Rome were but for one year other Officers and Magistrates for more as their Common-wealth did allot them The Dukes of Venice at this day are for their Lives those of Genoa for two years The Dukedoms of Ferrata Urbin and Parma are limited only to Heirs Male for defect therof to return to the Sea of Rome as Florence and Mantua for like defects to the Empire How a Natural Prince is to be understood When men talk of a Natural Prince and Natural Successor if it be understood of one that is born within the same Realm or Countrie and so of our own natural blood it hath some sence but if it be meant as though any Prince had his particular Government or Interest to Succeed by Institution of Nature it is ridiculous for that Nature giveth it not as hath been declared but the particular Constitution of every Common-wealth Of the Form of Monarchies and Kingdoms in particular and the different Laws whereby they are to be Obtained Holden and Governed in divers Countries CAP. II. A Monarchie the best Government ARistotle Seneca and Plutarch do hold a Kingdom to be the most perfect Common-wealth among all other and the very first His Antiquity Of all other it is the most ancient for we read that among the Syrians Medes and Persians their first Governors were Kings And when the Children of Israël did ask a King at the hands of Samuel 1000. years before the coming of Christ they alleged for one Reason That all Nations round about them had Kings for their Governors and at the very same time the chiefest Cities and Common-wealths of Greece as the Lacedemonians Athenians Corinthians and others were governed by Kings The Romans also began with Kings It resembleth the Government of God and Nature This kind of Government as do gather S. Hierom and S. Chrysostom resembleth most of all the Government of God that is but one representeth the excellencie of one Son of one Soul in the Bodie it is also most conformable unto Nature by example of the Bees which do chuse unto themselves a King and do live under a Monarchie St. Peter's Authoritie Subjecti estote omni humanae Creaturae propter Deum sive Regi quasi precellenti sive Ducibus ab eo missis c. saith S. Peter where he seemeth to signifie that a King's Government is the best among all others seeing at this time when he wrote this Epistle the chief Governor of the world was not called King but Emperor though indeed between the title of King and Emperor there is little or no difference in substance but only in name Utilities of a Kingdom This Government not only in it self but also by his Effects and Utilitie is the most excellent For in the Monarchie of one King there is more Unitie Agreement and Conformity and thereby also Celerity commonly in dispatching of business and in defending the Common-wealth than where many Heads be less Passions also in one man than in many Inconvenieneies of other Governments as of DEMOCRATIA In Democratia especially where Cunning men are admitted such as were the Orators in Athens and the Tribunes in Rome who could move the Waves raise up the Winds and kindle the Fire of the vulgar peoples Affections Passions and Furies at their pleasure there is nothing but Sedition Trouble Tumults Outrages and Injustice committed upon every little occasion By which we see that of all Common-wealths these of Popular Government have soonest come to ruine as do witness not only the old examples of Greece Asia and Africa but also many Cities in Italie who upon the Fall of the Roman Empire took up unto themselves Popular Governments wherein they could never rest until they came under the Monarchie of one Prince or other as at this day they do remain Of ARISTOCRATIA For Aristocratia as it doth participate of Monarchia and Democratia or rather tempereth them both so hath it both good and evil in it but yet inclineth more to the evil for the dis-union that commonly by mans infirmitie and malice is among those
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
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.
4. his time 2 Dukes 3 Earles 2 Barons 3 Knights and many other afterwards for this was but in the beginning of his Reign But when all doubt of Contention about Succession which moved those two Kings the more excusably to these cruelties was taken away in Henry 8. his time were either cut off or clean put down 2 Queens his wives 3 Cardinals 3 Dukes 1 Marquess 2 Earles 2 Countesses 6 Lords 6 or 7 Abbots Knights in great number Gentlemen infinite What Spaniard could or durst have done so much Better to live under a Great than a little Monarch 1 He is best able to defend and protect his subjects 2 He hath ordinarily least need to Pill and Pole them for a little King though never so mean will keep the State of a King which his subjects must maintain 3 He hath more to bestow upon his subjects for reward of Virtue or Valor A great Prerogative unto every subject to be born under one that hath much to give whereas he that is born in the Cities of Geneva or Genoa let him be of what abilitie or worth soëver can hope for no more preferment than those Common-wealths can give which is all too little what then would it be were there many worthie men born there at one time A Forrein Prince living among us without Forrein Forces Another manner of living under Forrein Princes is when the Prince cometh to dwel among us without Forces As did King Stephen and Henry 2. who were natural Frenchmen and as King Philip in Queen Maries time here in England and the last King of France in Polonia so should his Brother Monsieur have done here if the marriage between him and the Queen had gone forward Fit for our present State and beneficial to any No danger nor inconvenience can justly be feared from such a King The benefits are 1 He subjecteth himself rather to the Realm and Nation than they to him and if he live and marrie in England both he and his Children will quickly become English 2 For his assurance he must be inforced to cheerish the English thereby to gain and perpetuate to himself their good-will and friendship 3 He entereth with indifferent mind towards all men having no kindred or alliance within the Land to whom he is bound nor enemie against whom he may be incensed so as only merit and demerit of each man must move him to favor or dis-favor a great foundation of good and equal Government 4 He might be admitted upon such Compositions and Agreement as both the Realm should enjoy her antient Liberties and perhaps more for Forrein Princes upon such occasions of their preferment commonly yield to much more than the Domestical and the home-born Pretenders should remain with more security than they can well hope for under an English Competitor A Forrein Prince with Forrein Support A third manner is when the Prince bringeth Forces with him for his own assurance and these either present as the Danish Kings and after them the three first Norman Princes who either by the help of their first subjects already in England or by others brought in by them afterwardes wrought their evil Or that his Forces be so neer as he may call them in when he listeth and that without resistance as may the Scot whom no Sea divideth from us Insupportable to our or any State whatsoever All danger and inconveniences may justly be feared from such a King yea all the mischiefs either of Domestical or Forrein Governments For those of a Domestical Prince are Pride Crueltie Partialitie pursuing of Factions particular Hatred extraordinary advancing of his own Kindred extreme pinching and punishing of the Subject being sure of his own partie within the Realm by reason of his presence and therefore the less respective of others These vices such a Forrein Prince is the more subject too than the Domestical as having both external Counsel of a People that hate us to incense him and their external Force to effect his and their Designs The mischiefs of Forrein Government are Tyrannie of the Prince the servitude of the People filling and planting the Realm with strangers and dividing among them the Honors Dignities Riches and Preferment thereof All which are incident in all probabilitie to the third kind of Government and to be feared in the succession of the King of Scots whose case is within the second Branch thereof and may hereafter be within the first Forrein Princes affected by some Countries Best Romane Emperors strangers Where Kings go by Election commonly they take Strangers in the second kinde Sect. 105. so did the Lacedemonians and Romans in their first Monarchie and of late the Polonians in the Succession of their three last Kings and the Venecians by way of good Policie have made a perpetual Law That when they are to War and must needs chuse a General he be a stranger to wit some Prince of Italie who is out of their own States thereby to have him the more indifferent and equal to them all Among the latter Romans their best and most famous Emperors were strangers as Trajan and Adrian Spaniards Septimius Severus an African Constantine English Their worst Romans as Caligula Nero Heliogabalus Commodus Forrein Government which best which worst This Second then S. 105. is the best In the first kinde of being under Forrein Government and as a Province to be ruled by Deputies Viceroy's c. as the States mentioned S. 19. and as all the Provinces of the old Roman's States were all things considered and one taken with another the Commodities and Securities are more and the damages and danger less than in the Government of Domestical Princes And all the mischiefs of Forrein Government are only incident to the third and last S. 105. Other imputations to the other two proceeded from the blindness and passion of the vulgar and some private men most likely to be interessed therein S. 91. An Answer to the former Objection S. 89. against Forrein Government Upon other occasions and humors the vulgar will do as much against their own Country-men and Princes as the Sicilians did against the French c. S. 89. and often have both in England and else where when they have been offended or that seditious heads have offered themselves to lead them into tumults Aristotle Answered S. 89. Aristotle in his Politicks never handled expresly this our Question and consequently weighed not the reasons on both sides and so left it neither decided nor impugned and he that was Alexander's Master the Master of so many Forrein Countries could not well condemn it Demosthenes Answered S. 88. Demosthenes was well feed by the King of Asia to the end he should set Athens and other Grecian Cities at ods with Philip On the other side if Athens a Popular Government wherein the force of his tongue made him have greatest sway and authoritie were to have come under a Monarch he should have been in like credit as he fell out