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A02848 An ansvver to the first part of a certaine conference, concerning succession, published not long since vnder the name of R. Dolman Hayward, John, Sir, 1564?-1627. 1603 (1603) STC 12988; ESTC S103906 98,388 178

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sort to excuse them They are the best that your starued both cause and conceipt can possibly affoord and you haue also some fellowes in your folly Heliogabalus did solemnely ioyne the statues of the Sunne and of the Moone in mariage together Nero was maried to a man and tooke also a man to his wife The Venetians doe yearely vpon Ascention day by a ring and other ceremonies contract mariage with the sea But now in earnest men do dye whensoeuer it pleaseth God to call them but it is a Maxime in the common law of England Rex nunquam moritur The king is alwaies actually in life In Fraunce also the same custome hath bene obserued and for more assurance it was expresly enacted vnder Charles the fifth That after the death of any king his eldest sonne should incontinently succeede For which cause the Parliamēt court of Paris doth accompanie the funeral obsequies of those that haue bene their kings not in mourning attire but in scarlet the true ensigne of the neuer-dying Maiestie of the Crowne In regard of this certaine and incontinent succession the Glossographer vpon the Decrees noteth That the sonne of a king may be called King during the life of his father as wanting nothing but administration wherein he is followed with great applause by Baldus Panormitane Iason Carol. Ruinus Andreas Iserna Martinus Card. Alexander Albericus Fed. Barbatius Philip Decius Ant. Corsetta Fra. Luca Matthe Afflict And the same also doth Sernius note out of Virgil where he saith of Ascanius Regemque requirunt his father Aeneas being yet aliue But so soone as the king departeth out of life the royaltie is presently transferred to the next successor according to the lawes and customes of our Realme All Writs go foorth in his name all course of iustice is exercised all Offices are held by his authoritie all states all persons are bound to beare to him alleageance not vnder supposall of approbation when hee shall be crowned according to your dull and drowsie coniecture but as being the true Soueraigne king of the Realme He that knoweth not this may in regard of the affaires of our state ioyne himself to S. Anthony in glorying in his ignorance professing that he knoweth nothing Queene Mary raigned three mon●ths before she was crowned in which space the Duke of Northumberland and others were condemned and executed for treason for treason I say which they had committed before she was proclaimed Queene King Edward the first was in Palestina when his father dyed in which his absence the Nobilitie and Prelates of the Realme assembled at London and did acknowledge him for their king In his returne homeward he did homage to the French king for the lands which he held of him in France He also repressed certaine rebels of Gascoine amongst whom Gasco of Bierne appealed to the court of the king of Fraunce where king Edward had iudgement that Gasco had committed treason and therupon he was deliuered to the pleasure of king Edward And this hapned before his coronation which was a yeare and nine mon●ths after he began to raigne King Henry the sixth was crowned in the eighth yeare of his raigne and in the meane space not onely his subiectes did both professe and beare alleageance but the King of Scottes also did sweare homage vnto him What neede I giue any more either instance or argument in that which is the cleare lawe the vncontroulled custome of the Realme Against which notwithstanding your weather-beatē forehead doth not blush to oppose a blind opinion that heires apparant are not true kings although their titles be iust and their predecessors dead This you labour to prooue by a few drye coniectures but especially and aboue all others you say because the Realme is asked three times at euery coronation whether they will haue such a man to be their king or no. First wee haue good reason to require better proofe of this question then your bare word secondly although we admit it to be true yet seeing the aunswer is not made by the estates of the Realme assembled in parliament but by a confused concurse necessarie Officers excepted of all sorts both of age and sexe it is for ceremonie only not of force either to giue or to increase any right Another of your arguments is for that the Prince doth first sweare to gouerne well and iustly before the subiects take their oath of alleageance which argueth that before they were not bound And further you affirme that it happened onely to king Henry the fifth among his predecessors to haue fealtie done vnto him before hee was crowned and had taken his oath I confesse indeed that Polydore and St●w haue written so but you might easily haue found that they write not true the one of them being a meere straunger in our state the other a man more to be commended for indeuour then for art King Iohn being in Normandie when his brother dyed sent into England Hubert Archbishop of Canterburie VVilliam Marshall Earle of Strigvile and Geoffrie Fitzpeter Lord chiefe ●ustice who assembled the States of the Realme at Northhampton and tooke of them an oath of obedience to the new king Also king Henry the third caused the Citizens of London the Guardians of the Cinque-ports and diuers others to sweare fealtie to Prince Edward his sonne who being in Palestina when his father died the Nobilitie and Prelates of the Realme assembled in the new temple at London and did acknowledge him for their king And in like manner king Edward the third tooke an oath of all the Nobilitie of the Realme of faith after his death to Richard Prince of Wales and so did king Henry the first for his daughter Mawde and her yong sonne Henry After the death of king Henry the fifth that subiects did often sweare alleageance before the coronation and oath of the king you had neither countenance nor conscience to deny but it was neither of these two which did restraine you it proceeded onely from the force of truth which will manifest it selfe whatsoeuer art we vse to disguise it For otherwise what countenance what conscience had you to affirme that it is expresly noted by our English Historiographers That no alleageance is due vnto kings before they bee crowned Who are these Historiographers where doe they so write you that search euery dustie corner of your braines for a fewe ragged reasons to vphold your heresie should not either haue mentioned or omitted such pregnant proofes for in that you affirme and do not expresse them you condemne your selfe by your owne silence If you meane that which you alleadge out of Polydore and Stowe That an oath of fealtie was neuer made before coronation vntill the time of king Henry the fifth it is neither true nor to any such sence If you meane that of Polydore in tearming Henry the fift Prince and not King before he
true heire to the crowne Between these two as in all vsurpations it is vsuall vvar vvas raised but by the vnsearchable iudgement of God the duke of Lorraine vvas cast to the ground And there is little doubt but if he had preuailed Lorraine had bene at this day a member of the crowne of France The like answer may be giuen to your example of Suintilla this beside that the kingdom of the Gothes in Spaine vvas not then setled in succession chiefly during the reigne of Victeric Gundemir Sisebuth Suintilla Sicenand Cinthilla and Tulca The historie of Alphonso another of your examples standeth thus Alphonso had a sonne called Ferdinand who died during the life of his father left two yong sons behinde him After the death of Ferdinand his yonger brother Sancho practised with D. Lope Diaz de Haro Lord of Biscay to procure him to be aduanced to the successiō of the kingdom before his nephewes D. Lope vndertoke the deuise drawing some other of the nobilitie to the partie they so wrought with the king that in an assembly of the states at Segouia Sancho was declared successor the childrē of Ferdinand appointed to be kept in prison But Sancho either impatiēt to linger in expectatiō or suspicious that his father grew inclinable towards his nephewes made league with Mahomed Mir king of Granado a Moore by whose ayde by the nobilitie of his faction he caused him selfe to be declared king Heerevpon Alphonso was enforced to craue assistance of Iacob Aben Ioseph king of Maroco who before had bene an enemie to Alphōso but vpon detestatiō of this vnnatural rebelliō he sent forces to him protesting notwithstāding that so soone as the war should be ended he wold become his enemie againe So Alphonso by help partly of the Marocco Moores partly of his subiects which remained loyall maintained against his sonne both his title state during his lyfe but not without extremitie of bloudshed opportunitie for the Moores being assistāt to both parties to make themselues more strong within the countries of Spaine For this cause Alphonso disinherited his sonne by his testament and cast a cruell cursse vpon him his posteritie afterward it vvas ordeined in an assembly of the states holden at Tero that the childrē of the elder brother deceased should be preferred before their vnckle How then will you verifie your two points by this historie First that Alphonso vvas depriued by a publick act of parlament secondly that it turned to the great cōmoditie of the state It is not a milliō of Masses that are sufficiēt to satisfie for all your deceitful malicious vntruthes I meruaile how the rebellion of Absolon against king Dauid his father escaped you Oh it wanted successe you could not so easily disguise the report You write that the common wealth of Spaine resoluing to depose D. Pedro the cruell sent for his brother Henry out of france required him to bring a strength of frenchmen with him but hereby you make it plain that the common wealth was not fully agreed The truth is that this was a dangerous deuisiō of the state between two concurrents some holding for Henry some for Pedro. Henry obtained forren asistance by the french Pedro by the english In the meane time whilst Peter was throwen out of state by the forces of france after that Henry by the armes of england againe Peter deiected both from dignitie and life by his brother Henry the poore country became a spectacle for one of your enterludes Your example of Don Sancho Capello king of Portugal containeth many intollerable vntruthes For neither was he depriued of his dignitie neither did the Pope counsell of Lions giue either authoritie or consent that he should be depriued neither was he driuen out of his realme into Castilla neither died he in banishmēt neither was Alphonso his brother king during his life These fiue vntruths you huddle into one heape The counsaile of Lions wholy opposed against the deposing of Don Sancho notwithstanding many disabilities were obiected against him in regard wherof they gaue directiō that Alphonso his brother should be regent of the realme as in that case it is both vsuall fit But Sancho taking this to dislike did seeke aide of the king of Castile in that pursuite ended his life without issue wherby the right of succession deuolued to Alphonso To your examples of greeke Emperours I will answer by your words which are that for the most part they came not orderly to the crowne but many times the meanes thereof were tribulent and seditious The deposing of Henry king of Polonia I acknowledge to be both true iust I haue nothing to except against it When the crowne of France did discend vnto him he forsooke Polonia refused to return again to that swaggering gouernment wherevpon they did depose him Giue vs the like case you shal be allowed the like proceeding but you esteeme your examples by tale not by touch being not much vnlike a certaine mad fellow in Athens who imagined euery ship which was brought into the hauen to be his for vvhatsoeuer you finde of a king deposed you lay claime vnto it as both lawfully done and pertayning to your purpose whereas one of these doth alwaies faile Concerning your two examples one of Sueden and the other of Denmarke I shall haue occasion to speake hereaf●er The nobility of those countries pretēd that their kings are not soueraigne but that the power in highest matters of state pertaineth vnto them If it bee thus the examples are not appliable to the question if it be otherwise then the princes had wrong Wee are come now to our domesticall examples the first whereof is that of king Iohn who was deposed by the Pope you say at the suite of his owne people All this people was the Archbishop of Cant. the bish of London and the bish of Ely at whose cōplaint the Pope did write to Phillip king of France that hee should expell king Iohn out of his realme If not conscience if not ordinarie honestie pure shame should haue drawen you to another forme of writing Hee was also depriued you say afterwards by his Barons Heauy beast call you this a depriuation The commons were neuer called to consent the Clergie were so opposite to those that stoode in armes against king Iohn that they procured excommunication against them first generally then by name lastly Lewes the French kings sonne was also included of the Nobilitie which is onely the third state of the realme I make no doubt but some reserued themselues to bee guided by successe others and namely the Earles of Warren Arundell Chester Penbrooke Ferrers Salisburie and diuers Barons did openly adhere vnto king Iohn you may as well call any other rebellion a depriuation as affirme that the rest either did or might depriue him And whereas you bring in king Henry the third as a