either for Valor Prowess length of Reign acts of Chivalrie or the multitude of famous Princes his Children left behind him was one of the noblest Kings that ever England had RICHARD 2d Richard the 2d Son to the black Prince of Wales for having suffered himself to be misled by evil Counsellers to the great hurt and disquietness of the Realm was deposed also after 22. years reign by a Parliament holden at London the year 1399. and condemned to perpetual Prison in the Castle of Pomfret where he was soon after put to death and in his place was by free Election chosen the noble Knight Henry * Duke of Lancaster who proved afterwards so notable a King as the world knoweth HENRY 6th Henry 6th after almost 40. years reign was deposed imprisoned and put to death also together with his Son the Prince of Wales by Edward 4th of the House of York And this was confirmed by the * Commons and afterwards also by publick Act of Parliament because the said Henry did suffer himself to be over-ruled by the Queen his Wife and had broken the Articles of Agreement made by the Parlament between him and the Duke of York and solemnly sworn on both sides the 8th of Octob. 1459. though otherwise for his particular life he were a good man and King Edward 4th was put in place who was one of the renownedest for Martial Acts and Justice that hath worn the English Crown RICHARD 3d. This man having left two Sons his Brother Richard Duke of Glocester put them to death and being the next Heir Male was authorised in the Crown but Deposed again afterwards by the Common-wealth which called out of France Henry Earle of Richmond who took from him both life and Kingdom in the Field and was King himself by the name of Henry 7. And no man I suppose will say but that he was lawfully King also which yet cannot be except the other might lawfully be deposed If the said Deprivations were unjust the now Pretences are unlawful Moreover is to be noted in all these Mutations what good hath succeeded therein to the Common-wealth which was unjust and is void at this day if the Changes and Deprivations of the former Princes could not be made and consequently none of these that do pretend the Crown of England at this day can have any Title at all for that from those men they discend who were put in place of the deprived If Kings established may be Deprived much sooner Pretenders And if this might be so in Kings lawfully set in Possession then much more hath the said Common-wealth power and authoritie to alter the succession of such as do pretend Dignitie if there be due reason and causes to the same Wherein consisteth principally the lawfulness of Proceedings against Princes which in the former Chapter is mentioned What interest Princes have in their Subjects Goods or Lives How Oaths do Binde or may be Broken by Subjests towards Princes And finally the difference between a good King and a Tyrant CAP. IV. 1. Objection against the Assertions in the last Chapter BUt although by Nature the Common-wealth hath authoritie over the Prince to chuse and appoint him at the beginning yet having once made him and given up all their authoritie unto him he is no more subject to their correction but remaineth absolute of himself As every particular man hath authorised to make his Master or Prince of his inferior but not afterwards to put him down again howsoever he beareth himself towards him 2. Objection When the Children of Israël being under the Government of the High Priest demanded a King of Samuel he protesting unto them Well quoth he you will have a King hearken then to this that I will say Hoc erit jus Regis qui imperaturus est vobis He shall take away from you your Children both Sons and Daughters your Fields and Vineyards c. and shall give them to his servants and you shall cry unto God in that day from the face of this your King and God shall not hear you for that you have demanded a King to Govern over you Assertions of Bellay Yea Bellay and some other that wrote in flatterie of Princes in these our days do not only affirm That Princes are lawless and subject to no accompt or correction whatsoever they do But also That all goods chattels possessions and whatsoever else commodities temporal of the Common wealth are properly the Kings and that their Subjects have only the use thereof so as when the King will he may take it from them by right Answer to Bellay his First Assertion But for the first That Kings are subject to no Law Is against the very Institution of a Common-wealth which is to live together in Justice and Order for if it holdeth so insteed of Kings and Governors to defend us we may set up publick murtherers ravishers theeves and spoylers to devour us Then were all those Kings before mentioned both of the Jewes Gentiles and Christians unlawfully deprived and their Successors unlawfully put up in their places and consequentlie all Princes living at this day are intruders and no lawful Princes Answer to Bellay his Second Assertion Of the second saying also That all temporalities are properly the Princes and that Subjects have only the use thereof no less absurdities do follow First it is against the very first principle and foundation of the Civil Law which at the first entrance maketh this division of Goods That some are common by Nature to all men as the Aër the Sea c. Others are publick to all of one Citie or Countrie but yet not common to all in general as Rivers Ports c. Some are of the Communitie of a Citie or Common-wealth but yet not common to every particular person of that Citie as common Rents Theaters the publick hous and the like Some are of none nor properly of any man's Goods as Churches and Sacred things And some are proper to particular men as those which every man possesseth of his own Besides it overthroweth the whole nature of a Common-wealth maketh all Subject to be but very slaves for that slaves and bondmen in this do differ from freemen that slaves have only the use of things without property or interest and cannot acquire or get to themselves any dominion or true right in any thing but it accreweth all to their Master Lastly If all Goods be properly the King's why was Achab and Jezabel so reprehended and punished by God for taking away Naboth's vineyard Why do the Kings of England France and Spain ask Money of their Subjects in Parlament and that termed by the names of Subsidies Helps Benevolences Loans Prests Contributions c How have the Parlament oftentimes denied them the same Why are there Judges appointed for matter of Suits and Pleas between the Prince and the People Why doth the Canon Law inhibit all
both Polydore and Stow do affirm never to have been offered before to any Prince of England Admission is of more importance and hath prevailed against Right of succession Whence it is gathered That the Title of Succession without the Admission of the Common-wealth cannot make a lawful King and that of the two the second is of far more importance which may be proved by many examples As of William Rufus that Succeeded the Conqueror King Henry the first his Brother King Stephen's King John's and others who by only Admission of the Realm were Kings against the Order of Succession Henry and Edward the 4th did found the best part and most surest of their Titles and the defence thereof upon the Election Consent and good will of the People And for this cause the most Politick Princes that had any least suspicion of Troubles about the Title after their deaths have caused their Sons to be Crowned in their own days As Hugh Capetus Robert his eldest Son and Robert Henry the first his second Son excluding his elder Henry also procured the same to Philip the first his eldest Son And Louys le Gros unto two Sons of his first to Philip and after his death to Louys the yonger And this Louys again unto Philip 2. his Son The Prince of Spain is Sworn alwaies and admitted by the Realm during his Father's Reign The same Consideration also moved King David to Crown his Son Solomon in his own days And in England King Henry 2. considering the alteration that the Realm had made in admitting King Stephen before him against the Order of Lineal Succession and fearing that the like might happen also after him caused his eldest Son Henry the third to be Crowned in his life time So as England had two Kings Henry's living at one time with equal Authoritie How the next in succession by Propinquitie of Blood hath oftentimes been put back by the Common-wealth and others further off admitted in their Places even in these Kingdoms where Succession prevaileth with many Examples of the Kingdoms of Israël and Spain CAP. VII Examples of the Jews SAUL David Elected to the prejudice of Saul's Sons ALbeit God made Saul a true and lawful King over the Jews and consequently also gave him all Kinglie Prerogatives whereof one Principle is To have his Children succeed after him in the Crown yet he suffered not any of his Generation to succeed him but elected David who was a stranger by birth and no kinn at all to the deceased King Rejecting thereby from the Crown not only Isboseth Saul's elder Son though followed for a time by Abner Capt. General of that Nation with eleven Tribes but also Jonathan his other Son who was so good a man and so much praised in holy Scripture Whereby it is evident that the fault of the Father may prejudicate the Son's Right to the Crown albeit the Son have no part in the fault DAVID Solomon to the prejudice of Adonias and his Brethren David being placed in the Crown by Election free Consent and Admission of the People of Israël though by motion and direction of God himself no man will deny but that he had given him all Kinglie Priviledges and Regalities as among other the Scripture testifieth that it was assured him by God That his Seed should Reign after him yea and that for ever Yet this was not performed to any of his elder Sons but only to Solomon his yonger and tenth Son who by the means and perswasions of Queen Bersabé his Mother and Nathan the Prophet was chosen and made King by his Father to the prejudice of his elder Adonias and the rest of his Brethren * Whereby we are taught that these and like determinations of the People Magistrates and Common-wealths when their designments are to good ends and for just respects and causes are allowed also by God and oftentimes are his own special drifts and dispensations though they seem to come from man Jeroboam to the prejudice of Roboam Solomon's Son and Heir After Solomon's death Rehoboam his Son and Heir coming to Sichem where all the people of Israël were gathered for his Admission and having refused to yield to certain Conditions for taking away of some hard and heavie Impositions laid upon them by Solomon his Father which the People had proposed unto him ten Tribes of the twelve refused to admit him for their King but chose one Jeroboam his Servant a meer stranger and of poor Parentage and God allowed thereof for the Sins of Solomon leaving Rehoboam over two Tribes and Jeroboam over ten God's dealing in his Common-wealth a president for all others Although we may say that in the Jewish Common-wealth God almightie did deal and dispose of things against the ordinary course of man's Law as best liked himself whose Will is more than Law and is to be limitted by no Rule or Law of man and therefore that these Examples are not properly the act of a Common-wealth as our Question demandeth yet are they well brought in because they may give light to all the rest For if God permitted and allowed this in his own Common-wealth that was to be the Example and Pattern of all others no doubt but he approveth also the same in other Realms when just occasions are offered either for his service the good of the People and Realm or else for punishment of the sins and wickedness of some Princes Examples of SPAIN Four Races of Spanish Kings Spain since the expulsion of the Romans hath had Three or Four Races of Kings The first is from the Gothes which began to reign about the year 416 and endured by the space of 300. years until Spain was lost to the Moors And to them the Spaniard referreth all his old Nobility The second from Don Pelago who after the Invasion of the Moors was chosen King of Austurias about the year 717. and his Race continued adding Kingdom to Kingdom for the space of 300. years until the year 1034. The third from Don Sancho Mayor King of Navarra who having gotten into his Power the Earldoms of Arragon and Castilia made them Kingdoms and divided them among his Children And Don Fernando his second Son King of Castilia sirnamed afterward the Great by marrying of the Sister of Don Dermudo King of Leon and Asturias joyned all those Kingdoms together and this Race endured for 500. years until the year 1549 When for the Fourth the House of Austria came in by Marriage of the Daughter and Heir of Don Ferdinando sirnamed the Catholick which endureth until this day The First Race For the First Race because it had express Election joyned with Succession as by the Councils of Toledo it appeareth it can yield no valuable examples for this place The Second Race Don Alonso to the prejudice of Don Favila his Children In the Second Though the Law of Succession by Propinquitie
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
bastard-brother to the prejudice of his his lawful Edmond and Aldred This Egbert left a son named Elthelwolfe or Adelwulfe or Edolf who succeeded him and had four sons Ethelbald Ethelbert Ethelred and Alfred who were all Kings one after another and for the most part most excellent Princes specially Alfred the last of all whose acts bee wonderful Hee left a son as famous as himself which was Edward the elder who dying left two lawful sons Edmond and Aldred and one illegitimate named Adelstan which being esteemed to bee of more valor then the other two was preferred to the Crown before them and was a Prince of worthie memorie Hee brought England into one perfit Monarchie having expelled utterly the Danes and quieted the Welchmen Conquered Scotland and brought their K. Constantine to do him homage Restored also Luys d'Outremer his nephew to the kingdom of France Aldred to the prejudice of his Nephews Edwin and Edgar This Adelstan dying without issue his lawful brother Edmond was admitted who left two sons Edwin and Edgar but for that they were yong they were put back and their Uncle Aldred preferred who reigned with the good will and prais of all men Edgar to the prejudice of his elder brother Edwin Aldred dying without issue his elder Nephew Edwin was admitted to the Crown but yet four years after hee was deposed again for his leud and vitious life and his younger brother Edgar admitted in his place who was one of the rarest Princes that the world had in his time Stow saith hee kept 3600 ships in this Realm Canutus Dane to the prejudice of Edmond and Edward Englishmen This Edgar had by his first Wife Egilfred Edward called the Martyr and by his second Alfred Etheldred Which Alfred to the end that her Son might Reign caused Edward to be slain and so Etheldred came to the Crown though with much contradiction moved in hatred specially of the murther of his Brother This Etheldred was driven out of this Kingdom by Sweno King of the Danes who possessed the Realm and dying left a Son Canutus with whom Etheldred returning after the death of Sweno made an Agreement and Division of the Realm And so died leaving his eldest * Son Edmund Iron-side to succeed him who soon after dying also left two Sons Edmund and Edward but the whole Realm to Canutus who pretended it to be his by a Covenant made between Iron-side and him That the longest liver should have all and so with the Realm took the two Children and sent them over into Swethland And was admitted not only by the consent of the Realm but allowed also by the Sea of Rome And he lived and proved an excellent good King and after twenty years Reign died much mourned by the Englishmen Harald Bastard preferred to his lawful Brother Hardicanutus This Canutus left a base Son named Harald and a lawful one named Hardicanutus But Harald was by the more part of Voices chosen before his lawful Brother Hardicanutus preferred before his neerer in Blood After the death of Harald Hardicarnutus was chosen without any respect either to Edward the Confessor Alured Sons to Etheldred that were in Normandy or to Edmond and Edward Sons to his Son Iron-side that were in Sweathland though in proximitie of Blood they were before him Alured and Edward the Confessor before Edmond and Edward their eldest Brother's Sons But this Hardicanutus dying without issue Alured second son to Etheldred by his second Wife against the priority both of his Brother and his Nephews that were in Swethland was called to be King but being murthered by the way by Goodwin the Earl of Kent his elder brother Edward the Confessor was admitted yet before Edmond and Edward sons to his elder brother Iron-side And the said Edward the Confessor was a most excellent Prince and Reigned in Peace almost twenty years Harald 2. to the prejudice of Edgar Edward being dead without issue The States made a great Consultation whom they should make King and first of all excluded him that was only next by Propinquitie of blood which was Edgar eldest son to Edward the Out-law son to Edmond Iron-side because he was a Child not able to Govern the Realm And Harald son to the Earle Goodwin by the Daughter of Canutus was admitted William Duke of Normandie his Title by Election But William Duke of Normandie pretended to be chosen before by * Edward the Confessor with the consent of the Realm which though no English Authors do avow it cleerly seemeth notwithstanding very probable Because the said William had at his Entrance many in England that did favor his pretence and that as Gerard saith At his coming to London he punished divers by name for that they had broken their Oaths and Promises in that behalf Moreover by alleging his Title of Election he moved divers Princes abroad to favor him in that action as in a just quarrel which it is not like they should have done if he had pretended only a Conquest or his Title of Consanguinity which could be of no importance in the world Among others Pope Alexander 2. whose Holiness was greatly esteemed in those dayes did send him his Benediction and a precious Ring of Gold with a Hallowed Banner St. Anthoninus Archbishop of Florence commended his enterprise But howsoever he got the Victory and God prospered his Pretence and hath confirmed his off-spring in the Crown more than these Five hundred years Examples after the Conquest William Rufus and Henry 1. to the prejudice of their elder brother Robert William the Conqueror left three sons Robert William and Henry and by his Will the Kingdom to William named Rufus forsom particular displeasure against his elder son who being at his fathers death absent in the war of Jerusalem was put back although the most part of the Realm was inclined unto him and William Rufus by the persuasion of Lanfrake Archbishop of Canterbury was established in the Crown And hee dying without issue his younger brother Henry against the right also of his elder brother Robert absent again in the war of Jerusalem did by fair promises to the people and the help of Henry Newborow Earl of Warwick and Maurice Bishop of London get the Crown wherein God did so prosper him that his said brother Robert coming afterwards to depose him of it hee took him prisoner and kept the Crown King Stephen preferred to Henry 2. his nearer in blood and Henry again to Stephen his issue This King Henry left a daughter which had of Jeffrey Plantagenet Duke of Anera a son named Henry whom Henry his Grandfather caused to bee declared Heir apparent in his daies But yet after his deceas becaus Prince Henry was but a childe the State of England did choos Stephen Earl of Boulongue and son to Adela the Conqueror's daughter putting back both Henry and his Mother But again for that
his minion to put away his wife a goodly young Ladie daughter of Isabell his father's sister and to marrie another openly to her disgrace And in the last evil Parlament hee made would needs have all absolute autoritie granted to 6 or 7 his favorites to determine of all matters Grieved with these exorbitant indignities the more or better part of the Realm called home by their Letters Henry 4. deposed Richard 2. by Act of Parlament by his own confession of unworthie Government and his voluntarie resignation of the Crown to the said Henry by publick instrument All this without blood-shed And in almost all this Edmund L. D. of York the head of that familie together with Edward Duke of Aumale his eldest son and Richard Earle of Cambridge his yonger the Grand-father of Edward 4. assisted the said Henry That Henry 4. had more right to Succeed unto Richard 2. than Edmond Mortimer heir of Clarence much more any other King Richard 2. deposed the question is Whether Edmond Mortimer then alive his Father Roger being slain in Ireland a little before Nephew removed of Lionel Duke of Clarence or Henry Duke of Lancaster son of John of Gant should have Succeeded in right For Henry is alleged his being neerer to the former King by two degrees and proximitie of Blood though not of the elder Line is to be or hath been preferred in these cases 2. His Title came by a Man the others by a Woman not so much favored by Law nor Reason 3. The said Edmond being offered the Crown by Richard Earle of Cambridge who had married his Sister Anne and other Noblemen at Southampton he judged it against equitie discovered the Treason to Henry the fifth by whose command those Noblemen were executed 1415. Thirty years after which Richard Duke of York son of the aforesaid Earle and Anne for Edmond her brother died without issue set his Title on foot And whereas Roger Mortimer Father of this Edmond was declared Heir apparent by a Parlament 1382 that was done by Richard 2. from the hatred he bore to John of Gant and his son Henry rather than for the goodness of the others Title the cause whereof was Because immediately after the death of the Black Prince divers learned and wise men held opinion That John of Gant eldest son of Edward 3. then living should rather succeed than Richard jure Propinquitatis This made the old King Edward 3. confirm the Succession to Richard 2. by Parlament and the Oaths of his Uncles and made the yong King Richard 2. hold first and his son in jealousie and hatred ever after as distrusting the likelihoods of their Title Declaration of the Heir Apparent in the Princes life being Partial no sure president Partial establishing of Succession by Parlament is no extraordinary thing with Princes which yet most commonly have been to little purpose So did Richard 3. cause John de la Pole Earle of Lincoln and Son to his sister Elisabeth Dutchess of Suffolk to be declared Heir apparent thereby excluding his Brother Edward's four Daughters c. So did Henry 8. prefer the issue of his yonger sister before that of his elder So did Edward 6. declare the Lady Jane Gray his cozen Germain removed to be his Heir and Successor excluding his own two sisters Such say they was the aforesaid Declaration of Roger Mortimer by Richard 2. to as little purpose as from little equity Uncle preferred before the Nephew divers times Contra Sect. 83. That John of Gant should have in right succeeded his father rather than Richard himself as neerer to his father is proved by the course of divers Kingdoms where the Uncle was preferred before the Nephew 1. In Naples much about the same time Robert before Charles the son of Martel his elder Brother 2. In Spain Don Sancho Bravo before the Children of Prince Don Alonso de la Cerda from whom the House of Medina Celi is discended by sentence of Don Alonso the wise and of all the Realm and Nobility Anno 1276. 3. In the Earldom of Arthois Mande before Robert son to her Brother Philip by sentence of Philip le Bel of France confirmed by the Parlament of Paris and by his Successor Philippes de Valois whom he the said Robert had much assisted in the recovery of France from the English 4. In Britanie John Breno Earle of Montfort before Jane Countess of Bloys Daughter and Heir of Guy his elder brother by sentence of Edward 3. and the State of England who put him in possession of that Dukedom 5. In Scotland where albeit Edward 1. of England gave sentence for John Baliol Nephew to the elder Daughter excluding thereby Robert Bruse son to the yonger yet that sentence was held to be unjust in Scotland and the Crown restored to Robert Bruse his son whose posterity holds it to this day 6. The like whereof in Naples Lewis Prince of Taranto son to Philip prevailed before Joan the Neece of Robert aforesaid who was Philip's elder brother though Philip died before Robert because he was a man and a degree neerer to his Grand-father than Joan. 7. And in England it self Henry 1. preferred before William son and Heir of Robert of Normandie his elder brother And King John preferred before Arthur D. of Britanie the son and Heir of his elder brother Geoffrey because he was neerer to Richard his brother then dead than was Arthur Which Right of his the English inclined still to acknowledge and admit and thereupon proclaimed him King notwithstanding that the French and other Forrein Princes of stomach opposed themselves against it King John rightfully preferred before his Brother Arthur Against this last King Richard when he was to go to the Holy Land caused his Nephew Arthur to be declared Heir apparent to the Crown thereby shewing his Title to be the better Answ 1. It was not by Act of Parlament of England for Richard was in Normandie when he made it 2. Richard did it rather to repress the amhitious Humor of John in his absence 3. This Declaration was never admitted in England but renounced by consent of the Nobility in his absence 4. Richard himself at his return disadvowed it appointing John to be his Successor by his last Will and caused the Nobles to swear Fealtie unto him as to his next in blood The Opinion of Civil Lawyers touching the Right of the Uncle and Nephew Contra Sect. 83. This Controversie divided all the Lawyers in Christendom Baldus Oldratus Panormitanus c. for the Nephew Bartolus Alexander Decius Alciatus Cujatius c. for the Uncle Baldus himself at length concludeth That seeing rigor of Law runneth only with the Uncle being properly neerest in blood by one degree and that only indulgence and custom permitteth the Nephew to represent his Father's place whensoëver the Uncle is born before the Nephew and his elder brother dieth before his Father as in the case of John of Gant and Richard 2. he may be
the great succeeded in the Empire and was the man that all men know and the first Emperor that publickly professed himself a Christian and planted our Faith over all the world CONSTANTINE SIXTH And IRENE Constantine the Sixth was for his evil Government first deposed * and his eyes put out by his own Mother Irene who usurped the Empire but being not able to Rule it in such Order as it was needful for so great a Monarchie she was deprived thereof by the Sentence of Leo the third and by consent of all the People and Senate of Rome and Charles the Great King of France and of Germanie was crowned Emperor of the West and so hath that Succession remained unto this day and many worthy men have succeeded therein and infinite acts of Jurisdiction have been exercised by this authoritie which were all unjust and Tyrannical if this change of the Empire and deposition of Irene and her Son for their evil Government had not been lawful Examples out of France CHILDERICK 3d. Childerick 3d. King of France for his evil Government and Faineantise was deposed by Zacharie the Pope at the request of the whole Nobilitie and Clergie of France Who alleaged That their Oath to Childrick was to honor serve obey maintain and defend him against all men as long as he was just religious valiant clement and would resist the enemies of the Crown punish the wicked and conserve the good and defend the Christian Faith Which being not observed on his part they ought not be bound to him any longer nor would not be any longer his Subjects and so chose and Crowned Pepin in his place whose Posteritie reigned for many years after him and were such noble Kings as all the world can testifie CHARLES of Lorrayne Charles of Lorrayne last of the race of Pepin for the evil satisfaction that the French Nation had of him was by the Authoritie of the Common-wealth put by the Crown and Hugo Capetus preferred to it whose Line hath remained and possessed it unto this day Examples out of Spain FLAVEO SUINTILA Flavius Suintila King of Spain was both he and his Posteritie put down and deprived in the fourth Council National of Toledo and one Lissinando confirmed in his place ALONSO 11th Don Alonso 11th King of Castile and Leon Son to Ferdinand the Saint for his evil Government and especially for Tyrannie used towards two Nephews of his was deposed of his Kingdom by a publick Act of Parliament in the town of Valliodolid after he had reigned 30 years and his own Son Don Sancho 4th was Crowned in his place who for his valiant acts was sirnamed Elbravo and it turned to great commoditie to the Common-wealth PEDRO Don Pedro the Cruel Son to Alonso 12th having reigned 18. years was for his injurious Government dispossessed of his Crown by King Henry his bastard Brother whom the States of the Country had called out of France and Crowned and though Pedro was restored again by the black Prince of Wales yet God shewed to favor more Henry because he returned and deprived Pedro the second time and slew him in fight hand to hand and being set up in his place which his Progenie hath enjoyed to this day he proved so excellent a King as he was called el Cavallero and el delas mercees the knightlie and bountiful King Don SANCHO 2d Don Sancho Gapelo lawful King of Portugal having reigned 34. years was deprived for his defects in Government by the universal Consent of all Portugal and approbation of a General Council at Lyons Pope Innocentius the Fourth being there present who did authorise the said State of Portugal at their Petition to put in Supreme Government Don Alonso Brother to the said Sancho who was Earl of Boulongne in Picardie by the right of his Wife which among other great exploits was the first that set Portugal free from all Subjection and Homage to the Kingdom of Castile which unto his time it had acknowledged Greece MICHAEL CALAPHATES and NICEPHORUS BOTONIATES Michael Calaphates Emperor of Greece for having troden the Cross of Christ under his feet and being otherwise also a wicked man was deprived As was also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authoritie Polonia HENRY 3d. In our dayes Henry 3d. King of France was deprived of the Crown of Polonia wherof he had also been Crowned King before by publick Act of Parliament for his departing thence without license and not returning at the day denounced by publick Letters of peremptory commandment Suetia HENRY Henry late King of Suëtia was put down and deprived by that Common-wealth and his Brother made King in his place whose Son reigneth at this day and is also King of Polonia And this Fact was allowed by the Emperor the King of Denmark and all the Princes of Germanie neer about that Realm Denmark CISTERNE Cisterne King of Denmark for his intollerable crueltie was deprived and driven into banishment together with his Wife and three Children and his Uncle Frederick Prince of Holsatia was chosen King whose Progenie yet remaineth in the Crown England King JOHN King John of England for his evil Government and for having lost Normandie Gasconie Guyenne and all the rest which the Crown of England had in France made himself so odious and contemptible as first he was both Excommunicated and Deposed by the Pope at the sute of his own People and to make his Peace was enforced to resign his Crown in the hands of Pandulfe the Pope's Legat and afterwards falling back again to his old defects though by making his Kingdom tributarie in perpetuum to the See of Rome he had made the Pope of his side for a time the People notwithstanding did effectuate his Deprivation the 18th year of his reign first at Canterbury and after at London And called Lewis Prince of France Son to Phillip 2d and Father to Saint Lewis and chose him for their King and did swear him Fealtie with General Consent in London Anno 1216. But King John's death following presentlie after made them turn their purposes and accept of his Son Henry before matters were fully established for Lewis And this Henry which was 3d. of that Name proved a very worthie King and reigned 53. years which is more than ever King in England did leaving Edward 1. his Son Heir not inferior to himself in manhood and virtue EDWARD 2d But this Edward 1. had a Son Edward 2d who falling into the same or worse defects than King John had done was after 19. years reign deposed also by Act of Parliament holden at London the year 1326. appointed to be called Edward of Carnarvam from that hour forward and his bodie adjudged to perpetual prison where at length his life was taken away from him in the Castle of Barkley and his Son Edward 3d. was chosen in his place who
Book of Knox of the Monstrous Government of Women 6. And John Leisley Bishop of Ross in Scotland confuteth the first point 1 That the Statute that beareth the inheritance of Aliens made 25 Edw. 3. is only to be understood of particular men's inheritance 2 There is express exception of the King's Children and Off-spring in the Statute 3 The Practice both before and since the Conquest to the contrary 7. The second If Henry 8. made such a Testament it could not hold in Law But that he made it not besides many probabilities the testimonies of the Lord Paget Sir Edw. Montague Lord Chief Justice and William Clark who set the King's stamp to the Writing avowed before the Council and Parlament in Queen Maries time That the testament was signed after the King was past sens and memory 8. Robert Heghington Secretary to the Earle of North writeth in favor of the King of Spain as next Heir to the House of Lancaster Another writeth in the behalf of the Dukes of Parma as next Heir of Portugal another for the Infanta of Spain as the Heir of Brittanie CAP. II. Of the Succession of the Crown from the Conquest unto Edward the Third's time The issue of VVilliam the Conquerer WILLIAM the Conqueror had four Sons and five Daughters Sons 1. Robert Duke of Normandie 2. Richard died in his youth 3. William Rufus 4. Henry the first Daughters 1. Sicilie a Nun 2. Constantia wife of Alain Fergant Duke of Britanie 3 Adela or Alice wife of Stephen Earle of Bloys c. The other two died yong Robert Duke of Normandie Robert of Normandie and his Son William were ruined by Henry 1. Robert pined away in the Castle of Cardiff William slain before Alost in Flanders whereof he was Earl by an arrow Henry 1. Of all the Children of Henry 1. Mande first married to Henry 5. Emperor had issue Henry 2. by Geoffrey Plantagenet Duke of Anjou c. her second Husband he Reigned after King Stephen The beginning of the House of Britanie Constantia the Conquerors second Daughter had issue Conan 2. le Gros who had issue Hoel and Bettha wife of Eudo Earle of Porrhet in Normandie her Father made her his Heir on his death bed disadvowing Howel she had issue Conan 3. He Constantia wife to Geoffrey third Son to Henry 2. by whom she had Arthur whom King John his Uncle put from the Crown of England and murthered After which Constantia married Guy Vicount of Touars a Britan and their issue have continued till this in the infanta of Spain and the Dutchess of Savoy her sister whose Mother was sister unto the last King of France Anna the Heir of Britanie had by Lewis the 12. of France one Daughter Claudia of whom and Francis the first came Henry 2. whose Daughter was Mother to the Infanta c. King Stephen Adela or Alice the Conquerors third Daughter had issue Stephen Earle of Bouloyne chosen King after Henry 1. before Mande his Daughter because a Woman and before her Son Henry 2. because he was but a Child and a degree further off from the Conqueros but especially by force and friends whereby he prevented also the Duke of Britain Son to his Mothers eldest sister He had two sons who left no issue and Mary wife to the Earle of Flanders whose right if any is discended to the Spaniard Henry 2. his Sons Henry 2. had issue by Eleonora the Heir of Aquitaine William who died yong Henry Crowned in his Fathers time and died without issue 3. Richard Coeur de Lyon who died without issue 4. Geoffrey who married Constance the Heir of Britain as aforesaid 5. John the King who had issue Henry the third Henry 2. his Daughters His Daughters were 1. Eleonora married to Alphonso 9. of Castile 2. to Alexis the Emperor 3. to the Duke of Saxonie 4. to the Earle of Tholouse Eleonora had Henry of Castile who died without issue and Blanche married to Lewis of France of the Race of Valois whose issue continueth and Berenguela married to the Prince of Leon whose Son Ferdinando by the death of his Uncle Henry without issue was chosen King of Castile before Saint Lewis the son of Blanche aforesaid because a stranger 16. The right which France had to Aquitain Poictiers and Normandie came to them by the aforesaid Blanche who was married thither on condition to have for her dower all that John had lost in France which was almost all hee had Henry 3. his Issue Henry 3. had Edward 1 hee Edw. 2. hee Edw. 3. and Edmund Crook-back Earl or Duke of Lancaster whose heir Lady Blanch married John of Gant the third son of Edw. 3. from whom came the hous of Lancaster Also Beatrix married to John 2. Duke of Britain from whom descended the Infantas Mother That Edward Crook-back was not elder then Edward 1. Edward Crook-back was not Edw. 1. elder brother and put by onely for his deformitie 2. hee was born 18 Junii 1245 and Edward 16 Junii 1239. Matth. West who lived at the same time 2. hee was a wise Prince and much imploied by his father and brother in their wars 3. his father advanced him in England and would have made him King of Naples and Sicilie 4. having the charge of the Realm at his father's death and his brother absent hee attempted no innovation nor hee nor any of his children made any claim to the Crown after that 5. If hee had been elder the title of Lancaster in John of Gant his Issue whose mother was heir unto Edmund had been without contradiction nor could the house of York have had any pretence of right The Issue of Edward Crook-back Henry the second Earl of Lancaster and grand-childe to the aforesaid Edmund was created Duke of Lancaster by Edward 3. Hee had but one childe the Ladie Blanch wife of John of Gant by whom hee became also Duke of Lancaster His three sisters were matched one to the Lord Maubery of whom the Howards of Norfolk Joane 2. Mary married to the Earl of Northumberland from whom the now-Earl 3. Eleonor married to the Earl of Arundel of whom the late Earle descended CAP. III. The Succession from Edward 3. The houses of Lancaster and York Edward 3. his Issue EDward the third had five sons 1. the Black Prince hee Richard second in whom his line ceased 2 Lionel Duke of Clarence 3. John of Gant Duke of Lancaster by his wife Blanche 4 Edward of Langley Duke of York 5. Thomas of Woodstock Duke of Glocester The Title of the Hous of York Lionel of Clarence had one onely daughter and heir Philippe married to Edmund Mortimer Earl of March they Roger hee Anne Mortimer married to Richard Earl of Cambridg second son of Edmund L. of York His son Richard by the death of his Uncle slain at Agincourt came to bee Duke of York his father of Cambridg beeing executed for a Conspiracie against Henry 5. And was the first of the