so hath she also to limit the same with what Laws and Conditions she pleaseth whereof ensueth the great diversity of Authority and power which each one of the former Governments hath as for example the Councils of Rome were but for one year other Officers and Magistrates were for more or less time as their Common-wealth did alot them The Dukes of Venice at this day are for their Lives except in certain cases wherein they may be Deposed and those of Genua only for two years and their Power as I have said is very small and much limited and their Heirs have no claim or pretence at all after them to that Dignity as the Children and next of Kin of other Dukes of Italy have though in different sort also For that the Dukedoms of Farara Vrbin and Parma are limited only to Heirs Male and for defect thereof to return to the Pope or See of Rome Florence and Mantua for like dedefects are to return to the Empire and do not pass to the Heirs Female or to the next of Kin as Savoy and some others do And now if we respect God and Nature as well might all these Governments follow one Law as so different for that neither God nor Nature prescribeth any of these particular Forms but concurreth with any that the Common-wealth it self appointeth and so it is to be believed that God and Nature concurred as well with Italy when it had but one Prince as now when it hath so many and the like with Germany and the like also with Switzerland which once was one Common-wealth only under Dukes and Marquesses of Austria and now are devided into thirteen Cantons or Common-wealths under Popular Magistrates of their own as hath been said So as when men talk of a Natural Prince or Natural Successor as many times I have heard the word used if it be understood of one that is born within the same Realm or Countrey and so of our own natural blood it hath some sense though he may be both good or bad and none hath been worse or more Cruel many times then home born Princes 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 within it self and so much for this first point which must be the ground to all the rest that I have to say CHAP. II. 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 according as each Commonwealth hath Chosen andâ— Established ALL that hitherto hath been spoken hath appertained to all Princely and Supream Government in general but now for that our matter in question is concerning the Succession to a Kingdom good reason that we should reduce our Speech unto this Form of Government in particular First of all then is to be considered that of all other Forms of Government the Monarchy of a King in it self appeareth to be the most excellent and perfect and so doth hold not only Aristotle in his forenamed Books of Politiques and namely in his third with this only condition that he govern by Laws but Seneca also and Plutarch in his Morals and namely in that special Treatise wherein he dicusseth An seni sit Respub tractanda whether an old man ought to take upon him the Government of a Common-wealth or no Where he saith that Regnum inter omes Respub consumatissima prima est a Kingdom is the most perfect Common-wealth among all other and the very first That is to say the most perfect for that it hath most Commodities and least inconveniences in it self of any other Government and it is the first of all other for that all people commonly made this choice at the beginning of this kind of Government so as of all other it is most Ancient for so we read that among the Syrians Medes and Persians their first Governours were Kings and when the Children of Israel did ask a King at the hands of Samuel which was a thousand years before the coming of Christ they alleadged for one reason that all Nations round about them had Kings for their Governours and at the very same time the chiefest Cities and Commonwealths of Greece as the Laceaemonians Athenians Corinthians and others whereof divers afterwards took other Governments unto themselves for the abuses in Kingly Government committed at that time were governed by Kings as at large proveth Dionysius Halicarnessas Cornelius Tacitus Cicero and others The Romans also began with Kings as before I have noted and the reason of this is for that as our Christian Doctors do gather especially St. Hierome and St. Chrisostom this kind of Government resembleth most of all the Government of God that is but one it representeth the excellency of one Sun that lighteth all the Planets of one Soul in the Body that governs all the Powers and Members thereof and finally they shew it also to be most conform unto Nature by example of the Bees which do chuse unto themselves a King and do live under a Monarchy as the most excellent of all other Governments to which purpose also I have heard alleadged sometimes by divers those words of St. Peter Subjecti estoti omni humanae creaturae propter Deum sive regi quasi precellenti sive ducibus ab eo missis c Be you subject of every humane creature for Gods cause whether it be to a King as the most excellent or to Dukes sent by God for the punishment of evil men and praise of the good Out of which words some do note two points first that as one the one side the Apostle doth plainly teach that the Magistrates authority is from God by his first institution in that he sayeth we must be subject to them for Gods cause so on the other side he calleth it a humane Creature or a thing created by man for that by mans free choice this particular Form of Government as all other also is appointed in every Common-wealth as before hath been declared And that by mans Election and consent the same is laid upon some particular man or woman according to the Laws of every Countrey all which maketh it rightly to be called both a humane creature and yet from God The second point which divers do note out of these words is that St. Peter calleth a King most excellent which though it may be understood in respect of the Dukes Authority whereof immediatly there followeth mention Yet may it seem also to be taken and verified of Kingly Authority in respect of all other Governments seeing that at this time when the Apostles write this Epistle the chief Governour of the World was not called King but Emperor and therefore seeing in such a time St. Peter
naturae the voice of nature her self for there was never yet Nation found either of ancient time or now in our days by discovery of the Indies or else where among whom men living together had not some kind of Magistrate or Superior to govern them which evidently declareth that this point of Magistrates is also of Nature and from God that created Nature which point our Civil Law doth prove in like manner in the very beginning of our digests where the second Title of the first Book is de origine juris civilis omnium magistratuum of the beginning of the Civil Law and of all Magistrates which beginning is referred to this first principle of Natural Instinct and Gods Institution And last of all that God did concur also expresly with this Instinct of Nature our Divines do prove by clear testimony of Holy Scripture as when God saith to Solomon By me Kings do Reign and St. Paul to the Romans avoucheth That Authority is not but of God and therefore he which resisteth Authority resisteth God Which is to be understood of Authority Power or Jurisdiction in it self according to the first Institution as also when it is lawfully laid upon any person for otherwise when it is either wrongfully taken or unjustly used it may be resisted in divers cases as afterwards more particular shall be declared for then it is not lawful Authority These two points then are of Nature to wit the Common-wealth and Government of the same by Magistrates but what kind of Government each Common-wealth will have whether Democretia which is Popular Government by the People it self as Athens Thebes and many other Cities of Greece had in old time and as the Cantons or Switzers at this day have Or else Aristocretia which is the Government of some certain chosen number of the Best as the Romans many years were governed by Councels and Senators and at this day the States of this Countrey of Holland do imitate the same or else Monarchia which is the Regiment of one and this again either of an Emperor King Duke Earl or the like These particular Forms of Government I say are not determined by God or Nature as the other two points before for then they should be all one in all Nations as the other are seeing God and Nature are one to all as often hath been said but these particular Forms are left unto every Nation or Countrey to chuse that Form of Government which they shall like best and think most fit for the Natures and conditions of their people which Aristotle proveth throughout all the second and fourth Books of his Politiques very largely laying down divers kinds of Government in his days as namely in Greece that of the Milesians Lacedemonians Candians and others and shewing the causes of their differences which he attributeth to the diversity of mens Natures Customs Educations and other such causes that made them make choice of such or such Forms of Government And this might be proved also by infinite other examples both of times past and present and in all Nations and Countries both Christian and otherwise which have not had only different Fashions of Governments the one from the other but even among themselves at one time one form of Government and another at other times For the Romans first had Kings and after rejecting them for their Evil Government they chose Councils which were two Governours for every year whose Authority yet they limited by a multitude of Senators which were of their Council and these mens power was restrained also by adding Tribunes of the people and some time Dictators and finally they came to be governed last of all by Emperors The like might be said of Carthage in Africa and many Cities and Common-wealths of Greece which in divers Seasons and upon divers Causes have taken different Forms of Government to themselves The like we see in Europe at this day for in only Italy what different Forms of Government have you Naples have a King for their Soveraign Rome the Pope and under him one Senator in place of so many as were wont to be in that Common-wealth Venice and Genua have Senators and Dukes but little Authority have their Dukes Florence Farara Mantua Parma Vrbin and Savoy have their Dukes only without Senators and their power is absolute Milan was once a Kingdom but now a Dukedom the like is of Burgundy Lorain Bavire Gascony and Britain the lesser all which once had their distinct Kings and now have Dukes for their Supream Governours The like may be said of Germany that many years together had one King over all which now is divided into so many Dukedoms Earldoms and other like Titles of Supream Princes But the contrary is of Castile Aragon Portugal Barcelona and other Kingdoms this day in Spain which were first Earldoms only and after Dukedoms and then Kingdoms and now again are all under one Monarchy The like is of Bohemia and Polonia which were but Dukedoms in old time and now are Kingdoms The like may be said of France also after the expulsion of the Romans which was first a Monarchy under Pharamond their first King and so continued for many years under Clodion Merovys Childrik and Clodovaeus there first Christened Kings but after they divided it into four Kingdoms to wit one of Paris another of Soissons the third of Orleans and the fourth of Metts and so it continued for divers years but yet afterwards they made it one Monarchy again England also was first a Monarchy under the Brittains and then a Province under the Romans and after that divided into seven Kingdoms at once under the Saxons and now a Monarchy again under the English and all this by Gods permission and approbation who in token thereof suffered his own peculiar people also of Israel to be under divers manners of Governments in divers times as first under Patriarchs Abraham Isaac and Jacob then under Captains as Moses Joshua and the like then under Judges as Otheniel Aiod and Gideon then under High Priests as Hely and Samuel then under Kings as Saul David and the rest and then under Captains and High Priests again as Zorobabel Judas Machabeus and his Brethren until the Government was lastly taken from them and they brought under the power of the Romans and Forraign Kings appointed by them So as of all this there can be no doubt but that the Common-wealth hath power to chuse their own Fashion of Government as also to change the same upon reasonable causes as we see they have done in all times and Countries and God no doubt approveth what the Realm determineth in this point for otherwise nothing could be certain for that of these changes doth depend all that hath succeeded sithence In like manner is it evident that as the Common-wealth hath this authority to chuse and change her Government
him and the Duke of York and solemnly sworn on both sides the 8 th of October in the year 1459 In punishment whereof and of his other negligent and evil Government though for his own particular Life he was a good man as hath been said Sentence was given against him partly by Force and partly by Law and King Edward the fourth was put in his place who was no evil King as all English-men well know but one of the renownedst for martial Acts and Justice that hath worn the English Crown But after this man again there fell another accident much more notorious which was That Richard Duke of Glocester this King Edward's younger Brother did put to death his two Nephews this man's Children viz. King Edward the 5 th and his little Brother and made himself King And albeit he sinned grieveously by taking the Crown in this wicked manner yet when his Nephews were once dead he might in reason seem to be lawful King both in respect that he was next Male in Bloud after his Brother as also for that by divers Acts of Parliament both before and after the death of those Infants his Title was authorized and made good and yet no man will say I think but that he was lawfully deposed again afterwards by the Commonwealth which called out of France Henry Earl of Richmond to chastize him and to put him down and so he did and took from him both Life and Kingdom in the Field and was King himself after him by the Name of King Henry the seventh And no man I suppose will say but that he was lawful King also which yet cannot be except the other might be lawfully deposed And moreover as I said at the beginning I would have you consider in all these mutations what men commonly have succeeded in the places of such as have been deposed as namely in England in the place of those five Kings before-named that were deprived viz. John Edward the second Richard the second Henry the sixth and Richard the third there have succeeded the three Henries to wit the third fourth and seventh and two Edwards the third and fourth all most rare and valiant Princes who have done infinite important Acts in their Commonwealths and among other have raised many Houses to the Nobility put down others changed States both abroad and at home distributed Ecclesiastical Dignities altered the course of Descent in the Bloud-Royal and the like all which was unjust and is void at this day if the changes and deprivations of the former Princes could not be made and consequently none of these that do pretend to the Crown of England at this day can have any Title at all because they descend from those men who were put up in place of the Deprived And this may be sufficient for proof of the two principal points which you required to be discussed in the beginning of this Speech viz. That lawful Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment and that God hath allowed of and assisted the same with good success unto the Weal-publick And if this be so or might be so in Kings lawfully set in possession then much more hath the said Commonwealth Power and Authority to alter the Succession of such as do but yet pretend to that Dignity if there be due reason and causes for the same which is the head point that first we began to treat of said the Civilian and with this ended he his Spech without saying any more CHAP. IV. Wherein consisteth principally the lawfulness of Proceeding against Princes which in the former Chapter is mentioned What Interest Princes have in their Subjects Goods or Lives How Oaths doth bind or may be broken by Subjects towards Princes And finally the difference between a good King and a Tyrant WHen the Civilian had ended his Speech the Temporal Lawyer looked upon the standers by to see whether any would reply or no and perceiving all to hold their peace he began to say in this manner Truly Sir I cannot deny but the examples are many that you have alledged and they seem to prove sufficiently that which you affirmed at the beginning to wit that the Princes by you named were deprived and put down by their Common-Wealths for their evil Government And good Successors commonly raised up in their places and that the Common-Wealth had Authority also to do it I do not greatly doubt at least wise they did it de facto and now to call those facts in question were to imbroyl and turn up-side-down all the states of Christendom as you have well signified but yet for that you have added this word Lawfuly so many times in the course of your narration I would you took the pains to tell us also by what Law they did the the same seeing that Belloy whom you have named before and some other of his opinion do afirm that albeit by nature the Commonwealth have authority over the Prince to choose and appoint him at the beginning as you have well proved out of Aristotle and other ways Yet having once made him and given up all their Authority unto him he is now no more Subject to their Correction or Restraint but remaineth Absolute of himself without respect to any but only to God alone which they prove by the example of every particular Man that hath Authority to make his Master or Prince of his Inferior but not afterwards to put him down again or to Deprive him of the Authority which he gave him though he should not bear himself well and gratefully but Discourteous rather and Injuriously towards him that gave him first this Authority To which also they do alledge the Speech of the Prophet Samuel in the first Book of the Kings where the People of Israel demanded to have a King to Govern over them as other Nations round about them had and to leave the Government of the High Priests under whom at that day they were At which demand both God himself and Samuel were grievously offended and Samuel by Gods express order protested unto them in this manner Well quoth he you will have a King hearken then to this that I will say Hoc erit jus regis qui imperaturus est vobis This shall be the Right and Power of the King that shall rule over you to wit He shall take from you your Children both Sons and Daughters your Fields and Vineyards your Harvest also and Rents your Servants Hand-maids and Herds of Cattel and shall give them to his Servants and you shall Cry unto God in that day from the face of this your King whom you have chosen and God shall not hear you for that you have demanded a King to Govern you Thus far the Prophet Out of all which discourse and Speech of the Prophet these Men do gather that a King is nothing so restrained in his Power or Limited to Law as you have affirmed but
after some hours space returned again for that every man seemed very desirous to hear this other matter debated of the Interest of Princes before their Coronation for that they said it touched the very point it self now in question in England and that which is like to be in action also e're it be long Wherefore they desired the Civilian to begin his discourse and first of all to set down the very words of Belloy about this matter as also the places where he writeth the same for that his assertions appeared to them very strange and opposite to all reason of State and practice of the world as also contrary to all that which hitherto hath been said and treated Whereto the Civilian answered True it is that they are so and more plain and gross flatteries than ever I have read uttered by any man to any Prince or Tyrant whatsoever albeit most of them as you know have not failed to find as shameless Flatterers as themselves were either vain or wicked Princes and for my part I am of opinion that these Propositions of Belloy will rather hurt and hinder than profit the Prince for whom and in whose favour he is thought to have written them which is the King of Navarre whom hereby he would advance as he seemeth and have admitted to the Crown of France without all consent or admission of the Realm But I for my part as I doubt not greatly of his Title by propinquity of Bloud according to the Law Salique so on the other side am I of opinion that these Propositions of Belloy in his behalf that he should enter by only Title of Birth without condition consent or approbation of the Realm as also without Oath of Anointing or Coronation yea of necessity without restraint or obligation to fulfil any Law or to observe any Priviledges to Church Chappel Clergy or Nobility or to be checked by the whole Realm if he rule amiss he Tse things I say are rather to terrify the people and set them more against his entrance than to advance his Title and therefore in my poor judgement it was neither wisely written by the one nor politickly permitted by the other And to the end you may see what reason I have to give this censure I shall here set down his own Propositions touching this matter as I find them in his own words First then he avoucheth that all Families which enjoy Kingdoms in the world were placed therein by God only and that he alone can change the same which if he refer unto God's Universal Providence quae attingit à fine usque in finem fortiter as the Scripture saith and without which a sparrow falleth not to the ground as our Saviour testifieth no man will deny but all is from God either by his Ordinance or Permission but if we talk as we do of the next and immediate causes of Empires Princes and of the changes clear it is that men also do and may concur therein and that God hath left them lawful authority so to do and to dispose thereof for the publick benefit as largely before hath been declared and consequently to say that God only doth these things and leaveth nothing to man's Judgment therein is against all reason use and experience of the world The second Proposition of Belloy 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 kin do necessarily succeed by Birth without any new choice or approbation of the People Nobility or Clergy or of the whole Common-wealth together And to this assertion he joineth another as strange as this which is that a King never dyeth for that whensoever or howsoever he ceaseth by any means to govern then entreth the Successor by Birth not as Heir to the former but as lawful Governour of the Realm without any admission at all having his authority only by the condition of his Birth and not by adoption or choice of any Which two Propositions albeit they have been sufficiently refuted by that which hath been spoken in the last two chapters going before yet shall now again convince more amply the untruth thereof Other two Propositions he addeth which partly have been touched and answered before and yet I mean to repeat them again in this place for that they appertain to this purpose his former is That a Prince once entred to Government and so placed as hath been said is under no Law or restraint at all of his authority but that himself only is the Quick and Living Law and that no imitation can be given unto him by any power under Heaven except it be by his own will and that no Nation or Commonwealth can appoint or prescribe how they will obey or how their Prince shall govern them but must leave his Authority free from all bands of Law and this either willingly or by violence is to be procured By which words it seemeth that he painteth out a perfect pattern of a Tyrannical Government which how it may further the King of Navarre's pretence in the case he standeth in presently in France I do not see His other Proposition is That albeit the Heir apparent which is next by Birth to any Crown should be never so impotent or unfit to Govern as if for Examples sake he should be deprived of his senses mad furious lunatick a fool or the like or that he should be known on the other side to be most malitious wicked vitious or abominable or should degenerate into a very Beast yea if it were known that he should go about to destroy the Commonwealth and drown the Ship which he had to guide yet saith this man he must be sacred and holy unto us and admitted without contradiction to his Inheritance which God and Nature hath laid upon him and his direction restraint or punishment must only be remitted to God alone for that no man or Commonwealth may reform or restrain him Thus saith Belloy which I doubt not will seem unto you rather belly and base Doctrine than to come from the head of any learned or discreet man that regardeth the end why Commonwealths and Kingdoms and all Governments were ordained by God and Nature and not the flattering or adoring of any one miserable man that shall stand over them to destroy the whole But now to the particular matter that we are to treat of which is what is to be attributed to this Succession or propinquity of Birth alone I am of opinion as before I signified that albeit there want not reasons on both sides among Learned men what kind of providing Governours to Common-wealths is best either by simple and free Election only or by Succession of Birth my opinion I say is that Succession is much to be preferred not for that it wanteth all difficulties and inconveniences which all temporal things upon Earth have but like as before I
far greater as now they live than in that case it would be suffered their King coming hereby to be of greater Power to force them to the form of English Subjection as no doubt but in time he would And seeing the greatest utility that in this Case by reason and probability can be hoped for by this Union is That the Scotish Nation should come to be advanced in England and to be made of the Nobility both Temporal and Spiritual and of the Privy-Council and other like Dignities of Credit and Confidence for otherwise no union or amity can be hoped for and considering That the King both for his own safety as hath been said as also for gratitude and love to his allied Friends must needs plant them about him in chief places of Credit which are most opposite to English Natures and by little and little through occasion of Emulations and of Controversies that will fall out daily betwixt such diversity of Nations he must needs secretly begin to favour and fortifie his own as we read that William the Conquerour did his Normands and Canutus before him his Danes to the incredible Calamity of the English Nation though otherwise neither of them was of themselves either an evil King or an Enemy to the English-Bloud but driven hereunto for their own safety and for that it was impossible to stand Newter in such national Contentions If all this I say fell out so then as we know it did and our Ancestors felt it to their extreme Ruine what other effect can be hop'd for now by this violent union of Nations that are by nature so dis-united and opposite as are the English Scotch Irish Danish French and other on them depending which by this means must needs be planted together in England And if we read that the whole Realm of Spain did refuse to admit St. Lewis King of France to be their King in Spain to whom yet by Law of Succession it was evident and confessed by the Spaniards themselves as their Chronicler Garibay writeth that the Right most clearly did appertain by his Mother Lady Blanch eldest Daughter and Heir of King Alonso IX and that they did this only for that he was a French-man and might thereby bring the French to have chief Authority in Spain And if for this Cause they did agree together to give the Kingdom rather to Ferdinando III. that was Son of Lady Berenguela younger Sister to the said Lady Blanch and if this determination at that time was thought to be wise and provident tho' against all right of Lineal Succession and if we see that it had good success for that it endureth unto this day what shall we say in this case say these men where the King in question is not yet a St. Lewis nor his Title to England so clear as that other was to Spain and the aversion â—etwixt his Nation and ours much greater than was that betwixt the French and Spanish Thus they do reason Again we heard out of the discourse made by the Civilian before how the States of Portugal after the death of their King Don Ferdinando the second of that Name who left one only Daughter and Heir named Lady Beatrix married unto John I. King of Castile to whom the Succession without all Controversie did appertain they rather determined to chuse for their King a Bastard-brother of the said Don Ferdinando named John than to admit the true Inheritrix Beatrix with the Government of the Castilians by whom yet they being much the richer People the Portugals might hope to reap far greater utility than English-men can do by Scotland considering it is the poorer Countrey and Nation And this is that in effect which these men do answer in this behalf noting also by the way that the Romans themselves with all their Power could never bring Union or Peace between these two Nations of England and Scotland nor hold the Scots and North-Irish in Obedience of any Authority in England and so in the end they were enforced to cut them off and to make that famous Wall begun by Adrian and pursued by other Emperours to divide them from England and bar them from joyning as all the World knoweth and much less shall any one King in England now hold them all in Obedience let him be of what Nation he will And this for the utility that may be hoped for by this Union But now for the point alledged by the favourers of Scotland about establishment of true Religion in England by the entrance of this King of Scots these other men do hold that this is the worst and most dangerous point of all other considering what the state of Religion is in Scotland at this day and how different or rather opposite to that form which in England is maintained and when the Archbishops Bishops Deans Archdeacons and other such of Ecclesiastical and Honourable Dignities of England shall consider that no such Dignity or Promotion is left now standing in Scotland no nor any Cathedral or Collegiate Church is remained on foot with the Renâ—s and Dignities thereunto appertaining and when our Nobility shall remember how the Nobility of Scotland is subject at this day to a few ordinary and common Ministers without any Head who in their Synods and Assemblies have Authority to put to the Horn and drive out of the Realm any Noble-man whatsoever without remedy or redress except he will yield and humble himself to them and that the King himself standeth in aw of this exorbitant and popular power of his Ministers and is content to yield thereunto It is to be thought say these men that few English be they of what Religion or Opinion soever will shew themselves forward to receive such a King in respect of his Religion that hath no better Order in his own at home And thus much concerning the King of Scotland Now then it remaineth that we come to treat of the Lady Arabella second Branch of the House of Scotland touching whose Title though much of that which hath been said before for or against the King of Scotland may also be understood to appertain unto her for that she is of the same House yet I shall in this place repeat in few words the principal points that are alledged in her behalf or prejudice First of all then is alledged for her and by her â—avourers that she is descended of the foresaid Lady Margaret eldest Daughter of King Henry VII by her second Marriage with Archibald Douglas Earl of Anguis and that she is in the third degree only from her for that she is the Daughter of Charles Stuart who was Son of Margaret Countess of Lenox Daughter to the said Lady Margaret Queen of Scots so as this Lady Arabella is but Neece once removed unto the said Queen Margaret to wit in equal degree of descent with the King of Scots which King being excluded as the favourers of this Woman do
the Reasons that were on both Parties for this matter and so much the more for that it seemed to Fall very fit to the purpose of these pretences of Foreign Princes for which cause they entreated him very instantly that before he passed any further or ended his whole discourse of the Titles which hitherto they said had greatly contented them he would stay himself a little upon this matter which though for a time he made great difficulty to do yet in the end being so importuned by them he promised that at their Meeting the next day he would satisfie their desire and so for that time they departed very well contented but yet as they said with their Heads full of Titles and Titlers to the Crown CHAP. IX Whether it be better to be under a Foreign or Home born Prince and whether under a great and mighty Monarch or under a little Prince or King THe Company being gathered together the next day and shewing much desire to hear the point discussed about Foreign Government whereof mention had been made the day before the Lawyer began to say That for so much as they would needs have him to enter into that matter which of it self was full of prejudice in most mens ears and minds for that no Nation commonly could abide to hear of being under strange Governours and Governments he meant to acquit himself in this their Request as he had done in other matters before which was to lay down only the Opinions and Reasons of other men that had disputed this Affair on both sides before him and of his own to affirm or deny nothing And first of all against the Dominions of Strangers and Foreigners he said that he might discourse without end and fill up whole Books and Volumes with the Reasons and Arguments or at least wise with the dislikes and aversions that all men commonly had to be under strangers or to have any Aliens to bear Rule or Charge over them be they of what Condition State or Degree soever and in this he said that as well Philosophers Lawmakers wise and good men as others do agree commonly for that we see both by their Words Writings and Facts that they abhorr to subject themselves to strange Governments so as in all the eight Books of Aristotles's Politicks you shall still see that in all the different Forms of Commonwealths that he setteth down he presupposeth ever that the Government shall be by People of the self same Nation and the same thing do presume in like manner all those Law-makers that he there mentioneth to wit Minois Solon Lycurgus Numa Pompilius and the rest and he that shall read the Famous Invectives of Demosthenes against the pretentions of King Philip of Macedonia that desired to incroach upon the Athenians and other States of Greece as also his Orations against Aeschinos his Adversary that was thought secretly to Favour the said Foreign Prince shall see what Hatred that noble Orator had against Foreign Government and he that shall read the Books of our time either of the Italians when they spake of their Subjection in times past to the Lombardes German or French Nations or to the Spaniards at this day or shall consider what the French do presently write and inveigh against the Power of the House of Guyse and Lorayne in France for that they take them to be Strangers shall easily see how deeply this aversion against Strangers is rooted in their Hearts and this for Testimony of words But now if we will consider the Facts that have ensued about this matter and how much Blood hath been â—hed and what desperate Attempts have been taken in hand by divers Nations for avoiding their subjection to strangers or for delivering themselves from the same again if once they have faln into it you shall behold more plainly the very Impression of Nature her self in this Affair for of divers barbarous Nations Realms and Cities we read in Histories we read that they rather chose to slay and murder themselves than to be under the Dominion of Stranger others have adventured strange Attempts and Bloody Stratagems as the Sicilians who in one day and at the self same hour at the time of Evening Sâ—ng slew all the French-men that were within the Island whom yet themselves had called and invited thither not long before And the like is recorded in our English Histories of killing the Danes by English men at one time in most ruful manner And the like was oftentimes thought on also by the English against the Normans when they Oppressed us and by the French against the English whiles we had Dominion in Franâ—e though neither the one nor the other of these latter designments could be effectuated for want of Forces and Commodity by reason of the watchfulness of the contrary part But yet to speak only of France the Rage and Fury of the French was generally so great and implacable against the English that Governed there in the Reign of King Henry the VI. as both Polydor and other Histories do note â—t what time partly by the dissensions of the Houses of York and Lancaster in England and partly by the valour of their own new King Charles the VII they had hope to be rid of the English Dominion as no Perswasion or Reason no Fear of Punishment no Force of Arms no Promise or Threat no Danger no Pity no Religion no Respect of God nor Man could repress or stay them from rising and revolting every where against the English Government and Governours murthering those of the English Nation in all parts and corners wheresoever they found them without remorse or compassion until they were utterly delivered of their Dominion So as this matter is taught us say these men even by Nature her self that Strangers Government is not to be admitted and moreover the reasons before alledged against the King of Scotlands pretence together with the example and judgments of the Realms of Spain and Portugal who resolved rather to alter the true Order and Course of their Succession than to admit Strangers over them do plainly Confirm the same And last of all say these men the Authority of Holy Scripture is evident in this behalf for that whenâ— God in Deuteronomy did fortel by Moses that the Jews in time would come to change their Government and to desire a King as other Nations round about them had he added yet this express Condition that he should be only of their own Nation for he saith Constitues eum quem Deus tuus elâ—gerit de numero fratrum tuorum non poteris altertus gentis hominem Regem facere qui non sit frater tuus that is Thou shalt make a King at that time such a one as thy Lord God shall chuse for that dignity out of the number of thy Brethren but thou mayst not make a King of any other Nation but of thy own Brethren
of all the Roman Emperours and in the Life of one of them that was an excellent Governour named Antonius Pius the said Knight hath this discourse ensuing There was in this mans Governments said he great Contentment and Joy on all hands great Peace and Quietness and very great Justice and truely it is a thing worthy in this place to be considered what was the humane Power and how infinite the Forces of the Roman Empire at this day and how great was the Liberty Quietness Security Wealth and Contentment of the Subjects that lived under that Government when good Princes had the managing thereof as was this Antoninus and his Son Aurelius that followed him and as were Adrian Trajan and divers others What a thing was it to see their Courts frequented freely by all the Noble Valiant and Learned men of the World to see the union and friendly dealing of diffierent Nations together when all served one Prince so as a man might have gone over the whole World or most and best parts thereof with all security and without all fear all Nations and Countries being their Friends Neighbours or Subjects neither was there need at that time of any Pasports or safe Conducts nor of so often change of Coyn to travel as now there is neither yet were there new Laws every foot as now be found in different Countries neither was there danger of Enemies or to be taken prisoners and captives nor could any malefactor do a mischief in one Countrey and flee into another thereby to be free from punishment and he that was born in the very Orcades or furthest part of Europe was at home though he were in Africa or Asia and as free a Denizen as if he had been born there Merchants also might pass at that day from Countrey to Countrey with their Merchandise without particular Licences or fear of Forfeits and finally the temporal state of a Subject was wonderful happy at that time Thus far discourseth that learned Knight and no doubt but that his discourse and consideration is founded on great Reason and he that will leave at this day the many commodities of being under a Great and Potent Prince if it lie in his own hands to chuse for this only circumstance that he is not born in the same Countrey with him is a man of small judgment and capacity in these mens opinion and measureth matters of publick utility with a false weight of fond affection And thus much may be said of the first way of being under Strangers and Foreign Government which is that which vulgar men do most abhor and inveigh against to wit to be under a foreign Prince that liveth absent and ruleth by his Governours But besides this there is another manner of being under a Foreign Prince as when an Alien Prince cometh to dwell among us and this by either of two ways to wit that either this Prince cometh without Forces as did King Stephen and King Henry the II. that were French-men as hath been said and came to live and govern in England but without external Forces and as King Philip of Spain came afterwards when by Marriage of Queen Mary he became King of England and as the last King Henry the III of France went into Polonia by the free Election and Invitation of that Nation and as his Brother Monsieur Francis Duke of Alenson should have entred afterward to have been King of England if the Marriage pretended between her Majesty and him had gone forward and taken effect as many thought once that it should This I say is one way and another is that this Prince do bring Forces with him for his own assurance and these either present as the Danish Kings Sweno Canutus Haraldus and Hardicanutus did and as after them the Norman Princes also used I mean not only William the Conquerour himself but also his two Sons William Rufus and Henry the I who either by help of the Normans already in England or by others brought in by them afterwards wrought their will or else that this Prince so entring have Foreign Forces so at hand as he may call and use them when he will for that they have no Sea to pass which is the case of the King of Scots and of both these wayes these men do give their sentence distinctly For as concerning the former way when a Foreign Prince entreth without any Forces at all and with intention to live among us they hold that there is no danger nor yet any inconvenience can justly be feared for that in this case he subjecteth himself rather to the Realm and Nation than they to him and if he live and marry in England both himself and his Children will become English in a little space And for his own assurance he must be inforced to favour and cherish and make much of the English Nation and be liberal gentle and friendly to all for gaining their good wills and friendship And in one very great and important point his condition is different and better for the English than any English Kings can be which is that he entreth with indifferent mind towards all men hath no kindred or alliance within the Land to whom he is bound nor enemy against whom he may be inticed to use cruelty so as only merit or demerit of each man must move him to favour or disfavour which is a great Foundation say these men of good and equal Government Again they say that in respect of the State present of England and as now it standeth and for the publick good not only of the common Subjects but also of the Nobility and especially and above others of the English Competitors and Pretenders that cannot all speed no way were so commodious as this to avoid bloodshed to wit that some external Prince of this time should be admitted upon such Compositions and Agreements as both the Realm should remain with her ancient Liberties and perhaps much more than now it enjoyeth for such Princes commonly and upon such occasions of Preferment would yield to much more in those Cases than a home-born Prince would and the other Pretenders at home also should remain with more security than they can well hope to do under any English Competitor if he come to the Crown who shall be continually egged on by his own kindred and by the aversion emulation and hatred that he has taken already by contention against the other opposite Houses to pull them down and to make them away and so we have seen it by continual Examples for many years though no occasion say these men hath ever been offered to suspect the same so much as now if any one of the home English Bloud be preferred before the rest and this is so much as they say to this second kind of being under Foreign Princes To the third they confess that it standeth subject to much danger and inconvenience to admit a foreign Prince
the other reasons of exclusion which men do lay against the House of Scotland whereof one is urged much by the House of Suffolk and grounded upon a certain Testament of King Henry the eighth as before hath been touched by which Testament the said House of Suffolk that is to say the Heirs of the Lady Frances and of the Lady Eleanor Neeces to King Henry the eighth by his second Sister Mary are appointed to succeed in the Crown of England before the Heirs of Margaret the first Sister married in Scotland if King Henry's own Children should come to die without Issue as now they are all like to do and this Testament had both the Kings hand or stamp unto it and divers Witnesses names besides and was enrolled in the Chancery and was authorized by two Acts of Parliament two wit in the 28. and 35. years of King Henry in which Parliaments authority was given to the said King to dispose and ordain of this point of succession as he and his learned Councel should think best for the weal publick This is the effect of this Argument which albeit the former Books of Mr. Morgan and the Bishop of Ross and some other of the Scottish favourers do seek to refut by divers means and ways as before in the first chapter of this discourse is set down and especially by the Testimony of the Lord Paget and Sir Edward Montague that said the stamp was put unto it after the King was past sense yet they of of the House of Suffolk are not satisfied without that answer for that they say that at least howsoever that matter of the late sealing be yet seeing the King willed it to be done drawn out and sealed it appeareth hereby that this was the last Will and judgment of King Henry and not revoaked by him which is sufficient say these men to answer the intent and meaning of the Realm and the authority committed to him by the foresaid two Acts of Parliament for the disposing of the succession which two Acts say these men containing the whole authority of the Commonwealth so seriously and diliberately given in so weighty an affair may not in reason be deluded or overthrown now by the saying of one or two men who for pleasing or contenting of the time wherein they speak might say or guess that the Kings memory was past when the stamp was put unto his Testament which if it were so yet if he commanded as hath been said the thing to be done while he had memory as it may appear he did both by the Witnesses that subscribed and by the enrollment thereof in the Chancery no man can deny but that this was the King's last Will which is enough for satisfying the Parliaments intention as these men do affirm A fourth argument is made against the King of Scots Succession by all the other competitors jointly and it seemeth to them to be an argument that hath no solution or reply for that it is grounded upon a plain fresh Statute made in the Parliament holden in the 27 year if I erre not of her Majesty that now is wherein it is enacted and decreed that whosoever shall be convinced to conspire attempt or procure the death of the Queen or to be privy or accessary to the same shall lose all right title pretence claim or action that the same parties or their Heirs have or may have to the Crown of England Upon which Statute seeing that afterward the Lady Mary late Queen of Scotland Mother of this King was condemned and executed by the authority of the said Parliament it seeemeth evident unto these men that this King who pretendeth all his right to the Crown of England by his said Mother can have none at all And these are the reasons proofs and arguments which divers men do alledge against the right of succession pretended by the King of Scots But now if we leave this point which concerneth the very right it self of his succession by bloud and will come to examine other reasons and considerations of State and those in particular which before I have mentioned that his favourers do alledge utility and common good that may be presumed will rise to the Realm of England by his admission to our Crown as also the other point also of establishment of Religion by them mentioned then I say these other men that are against his entrance do produce many other reasons and considerations also of great conveniencies as to them they seem against this point of admission and their reasons are these that follow First touching the publick good of the English Commonwealth by the uniting of both Realms of England and Scotland together these men do say that it is very doubtful and disputable whether the state of England shall receive good or harm thereby if the said union could be brought to pass First for that the state and condition of Scotland well considered it seemeth that it can bring no other commodity to England then increase of Subjects and those rather to participate the commodities and riches of England then to import any from Scotland And then secondly the aversion and natural alienation of that people from the English and their ancient inclination to joyn with the French and Irish against us maketh it very probable that that subjection of theirs to the Crown of England would not long endure as by experience we have seen since the time of King Edward the first when after the death of their King Alexander the third without Issue they chose King Edward to be their King delivered their Towns and Fortresses into his hands did swear him Fealty received his Deputy or Vice-Roy as Polydor at large declareth And yet all this served afterward to no other effect but only Slaughter Bloud-shed and infinite Losses and Charges of England Thirdly they say That if the King of Scots should come to possess the Crown of England he cannot chuse at least for many years but to stand in great jealousie of so many other Competitors of the English Bloud-Royal as he shall find in England against whom he must needs fortifie himself by those other Foreign Nations that may be presumed to be most sure unto him though most contrary by natural inclination and least tollerable in Government to English-men as are the Scots of whom he is born and Danes wiâ—h whom he is allied and French of whom he is descended and of the uncivil Part of Ireland with whom one great part of his Realm hath most Conjunction the Authority and sway of which four Nations in England and over English-men what trouble it may work every wise man may easily conjecture Besides that the Scotch-men themselves especially those of the Nobility do openly profess That they desire not this Conjunction and Subordination unto England which in no wise they can bear both for the aversion they have to all English Government over them as also for that their Liberties are