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
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
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
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
or three S 7. yet 't is plain it was his own Will because he commanded it to be drawn written and sealed and never revoked it Besides it is subscribed by many witnesses and inrolled in the Chancery by his own command enough to make it good against the assertion of those few who to please the time wherein they spake in Queen Maries time might say and ghess the King was past memory when his stamp was put to it Now to make good what he did two Acts of Parlaments 28 35. of his Reign gave him full authoritie to dispose of this Point of Succession as he and his learned Council should think best for the Common-wealth By a Statute made in the 27th of Elisabeth 27. Elisah a Statute was made That whosoever shall be convinced to conspire attempt or procure the Queens death or is privie or accessary to the same shall loose all right title pretence claim or action that they or their heirs have or may have to the Crown of England Now the late Queen of Scots being attainted and executed by the authoritie of the said Parlament and for breach of the said Statute 't is easie to determine what Title her Son hath claiming only by her The Uniting of Scotland with England dangerous to the English or like to be 1. Only the increase of Subjects but those rather to participate the Commodities of England than to impart any from Scotland 2. The natural hatred of that People unto us and their ancient inclination to joyn with our enemies the French and Irish against us are Arguments of great mischiefs likely to ensue by that conjunction 3. The Scot must needs hold in jealousie so many Englishmen competitors of the Blood Royal and therefore will fortifie himself against them by those Forrein Nations of whom he is discended with whom he is allyed as the Scots French Danes and uncivil Irish which will prove intolerable to the English 4. The King both for his own safety and for the love he beareth to his own Nation will advance them and plant them about him in chief Places of credit which must needs breed Emulations and Controversies between them and the English Then must he of Force secretly begin to favor and fortifie his own to the incredible calamitie of the other as Canutus did his Danes and William the Conqueror his Normans neither of them enemies to the English blood nor evil Kings but careful of their own safeties for herein it is impossible to be neutral 5. The Romans with all their Power and Policie could never unite the hearts of England and Scotland in peace nor hold the Scots and North-Irish in obedience of any authority residing in England What then are we to hope for of this King herein The Religion of Scotland unpleasing to our State His Religion is neither fit for our State wherein Archbishops c. and Officers of Cathedral Churches are of much dignitie and there suppressed nor will be pleasing to our Nobilitie to be subject to the exorbitant and popular authoritie of a few ordinary Ministers which the King himself is there content to yield unto And therefore it is likely that few will be forward to entertain that King for the reforming of Religion here that hath no better Order in his own at home For the Ladie Arabella For the Ladie Arabella is alleged her being an equal degree of Discent with the King of Scots Her being above him in all hopes for herself or benefit to the English that can be expected in an English Prince and a Prince born in England Against Her Neither she nor the Scot are properly of the House of Lancaster and the Title of Lancaster is before the Pretence of York ut suprà 2. The testament of King Henry 8. barreth her as well as the Scot 3. Her Discent is not free from Bastardie for Queen Margaret soon after the death of her first Husband married Steward Lord of Annerdale who was alive long after her marriage with Anguis and it is most certain also That Anguis had another Wife alive when he married the said Queen All this confirmed by the Lord William Howard Father to the now Admiral sent into Scotland by Henry 8. of purpose to enquire thereof who reported it to King Henry Queen Mary and divers others For this cause King Henry would have letted the marriage between Anguis and his Sister and chiefly caused him to exclude her issue 4. She is a Woman and it were perhaps a great inconvenience that three of the weak sex should succeed one the other 5. All her Kindred by her Father is meer Scotish In England she hath none but by her Mother the Candishes a mean Familie and Kindred for a Princess CAP. VI Examination of the Title of the House of Suffolk being Darby and Hartford Sect. 29. 30. The Earle of Hartford's Children illegitimate THe Children of the Earle of Hartford Discending of Ladie Frances the eldest Daughter of Charles Brandon are proved illigitimate 1. Because the Ladie Katharine Gray their Mother was lawful Wife to the Earle of Pembroke when they were born not separated from him by lawful authority or for any just cause but abandoned by him because her House was come into misery and disgrace 2. It could never be lawfully proved that the said Earle and Ladie Katharine were married but only by their own Assertions not sufficient in Law Therefore was the marriage disannulled in the Arches by publick and definitive sentence of Parker Archbishop of Canterbury not long after the Birth of the said Children 3. When the Marquess of Dorset married their Grandmother the Ladie Frances he had another lawful Wife sister to H. Fitz-allen Earle of Arundel whom he put away to obtain so great a marriage as was the Lady Frances This bred much hate between the Marquess and Earle ever after but the Marquess favor with K. Henry deprived the other of all remedy And therefore may their Mother the Lady Katharine seem illegitimate too Bastardie in the issue of Charles Brandon Charles Brandon had a wife alive when he married the Queen of France by which wife he had issue the Ladie Powyse wife of the Lord Powyse and this wife of his lived some time after his marriage with the Queen Darby's Evasion This Wife say the Friends of Darby died before the birth of the Lady Eleonor the yonger daughter their ancestor though after the Birth of the Lady Francis Hartford's ancestor Hartford's Confutation of the first Bastardie To the first Bastardy of Hartford their Friends affirm That the Contract between the Lady Katharine and the Earl of Pembrook was dissolved lawfully and judicially in the time of Queen Mary Hartford's evasion of the second Bastardie in the behalf of his Second born Edward Seymore The Lady Katharine being found with Child affirmed the Earle of Hartford to be the Father Hereupon he being sent for out of France where he was with Sir N. Throgmorton and had got leave to
4. his time 2 Dukes 3 Earles 2 Barons 3 Knights and many other afterwards for this was but in the beginning of his Reign But when all doubt of Contention about Succession which moved those two Kings the more excusably to these cruelties was taken away in Henry 8. his time were either cut off or clean put down 2 Queens his wives 3 Cardinals 3 Dukes 1 Marquess 2 Earles 2 Countesses 6 Lords 6 or 7 Abbots Knights in great number Gentlemen infinite What Spaniard could or durst have done so much Better to live under a Great than a little Monarch 1 He is best able to defend and protect his subjects 2 He hath ordinarily least need to Pill and Pole them for a little King though never so mean will keep the State of a King which his subjects must maintain 3 He hath more to bestow upon his subjects for reward of Virtue or Valor A great Prerogative unto every subject to be born under one that hath much to give whereas he that is born in the Cities of Geneva or Genoa let him be of what abilitie or worth soëver can hope for no more preferment than those Common-wealths can give which is all too little what then would it be were there many worthie men born there at one time A Forrein Prince living among us without Forrein Forces Another manner of living under Forrein Princes is when the Prince cometh to dwel among us without Forces As did King Stephen and Henry 2. who were natural Frenchmen and as King Philip in Queen Maries time here in England and the last King of France in Polonia so should his Brother Monsieur have done here if the marriage between him and the Queen had gone forward Fit for our present State and beneficial to any No danger nor inconvenience can justly be feared from such a King The benefits are 1 He subjecteth himself rather to the Realm and Nation than they to him and if he live and marrie in England both he and his Children will quickly become English 2 For his assurance he must be inforced to cheerish the English thereby to gain and perpetuate to himself their good-will and friendship 3 He entereth with indifferent mind towards all men having no kindred or alliance within the Land to whom he is bound nor enemie against whom he may be incensed so as only merit and demerit of each man must move him to favor or dis-favor a great foundation of good and equal Government 4 He might be admitted upon such Compositions and Agreement as both the Realm should enjoy her antient Liberties and perhaps more for Forrein Princes upon such occasions of their preferment commonly yield to much more than the Domestical and the home-born Pretenders should remain with more security than they can well hope for under an English Competitor A Forrein Prince with Forrein Support A third manner is when the Prince bringeth Forces with him for his own assurance and these either present as the Danish Kings and after them the three first Norman Princes who either by the help of their first subjects already in England or by others brought in by them afterwardes wrought their evil Or that his Forces be so neer as he may call them in when he listeth and that without resistance as may the Scot whom no Sea divideth from us Insupportable to our or any State whatsoever All danger and inconveniences may justly be feared from such a King yea all the mischiefs either of Domestical or Forrein Governments For those of a Domestical Prince are Pride Crueltie Partialitie pursuing of Factions particular Hatred extraordinary advancing of his own Kindred extreme pinching and punishing of the Subject being sure of his own partie within the Realm by reason of his presence and therefore the less respective of others These vices such a Forrein Prince is the more subject too than the Domestical as having both external Counsel of a People that hate us to incense him and their external Force to effect his and their Designs The mischiefs of Forrein Government are Tyrannie of the Prince the servitude of the People filling and planting the Realm with strangers and dividing among them the Honors Dignities Riches and Preferment thereof All which are incident in all probabilitie to the third kind of Government and to be feared in the succession of the King of Scots whose case is within the second Branch thereof and may hereafter be within the first Forrein Princes affected by some Countries Best Romane Emperors strangers Where Kings go by Election commonly they take Strangers in the second kinde Sect. 105. so did the Lacedemonians and Romans in their first Monarchie and of late the Polonians in the Succession of their three last Kings and the Venecians by way of good Policie have made a perpetual Law That when they are to War and must needs chuse a General he be a stranger to wit some Prince of Italie who is out of their own States thereby to have him the more indifferent and equal to them all Among the latter Romans their best and most famous Emperors were strangers as Trajan and Adrian Spaniards Septimius Severus an African Constantine English Their worst Romans as Caligula Nero Heliogabalus Commodus Forrein Government which best which worst This Second then S. 105. is the best In the first kinde of being under Forrein Government and as a Province to be ruled by Deputies Viceroy's c. as the States mentioned S. 19. and as all the Provinces of the old Roman's States were all things considered and one taken with another the Commodities and Securities are more and the damages and danger less than in the Government of Domestical Princes And all the mischiefs of Forrein Government are only incident to the third and last S. 105. Other imputations to the other two proceeded from the blindness and passion of the vulgar and some private men most likely to be interessed therein S. 91. An Answer to the former Objection S. 89. against Forrein Government Upon other occasions and humors the vulgar will do as much against their own Country-men and Princes as the Sicilians did against the French c. S. 89. and often have both in England and else where when they have been offended or that seditious heads have offered themselves to lead them into tumults Aristotle Answered S. 89. Aristotle in his Politicks never handled expresly this our Question and consequently weighed not the reasons on both sides and so left it neither decided nor impugned and he that was Alexander's Master the Master of so many Forrein Countries could not well condemn it Demosthenes Answered S. 88. Demosthenes was well feed by the King of Asia to the end he should set Athens and other Grecian Cities at ods with Philip On the other side if Athens a Popular Government wherein the force of his tongue made him have greatest sway and authoritie were to have come under a Monarch he should have been in like credit as he fell out
whom they abandoned and chose Jeroboam his servant and a stranger And what availed it the Duke of Glocester Tho. of Woodstock that hee lived under his Nephew Ric. 2. or the Duke of Clarence the right of his brother Sect. 4. or the De la Pooles Staffords Plantagenets their beeing under their near kinsman Henry 8. by whom they lost both their lives possessions and kindred Many other examples might bee drawn from the Romans Sicilians Spanish English c. who have been much the wors for their home-born Princes Opinion and the beeing under several Governors make 's strangers or no strangers Who bee strangers and who not dependeth much of the opinion and affection of each people and nation the one towards the other but chiefly their being under the same or several Governments The hous of Guise and their kindred were held for strangers in France yet came they but out of Lorrain a Province bordering upon France and of the same nation language and manners onely under another Prince The Florentines are hated and held strangers in Siena where they govern albeit the one State bee not 30 miles from the other and both of one nation language and education On the contrarie the Biscayns hold not the Castillians for strangers nor the Normans and Britains the French nor the Welsh the the English a different people and of different language Three means of coming under forreign Government One Nation may becom subject to another either by Conquest as the Welsh were to the English the English to the Normans and Danes Sicilia and Naples to the Spaniards c. Or inheritance as Aquitaine and Normandie to England the 17 Provinces to Spain Britanie to France Or by mixt means of force and composition as Milan to Spain Ireland to England and Portugal in our daies to Spain The Condition of Conquest and the wisest Conquerors Conquest is of these three the hardest for the Subject all standing at the Will and Humor of the Conqueror whom either anger fear or jealousie of his assurance may often drive to hold a hard hand over the Conquered at least for a time until his State be settled Yet have these ever at least the wisest dealt like Physitians who after a vehement Purgation minister Lenitives and soft Medicines to calm and appease the good Humors left and to strengthen the whole bodie again that it may hold out Commendation of the Romane Government best to their Forrein Subjects The carriage of the Romans was so just considerate sweet and modest towards all Forrein Nations they had conquered that it allured divers Nations to desire to be under them and to be rid of their natural Kings as the Subjects of Antiochus and Mithridates Other Kings to gratifie their subjects nominated the Romane Empire for their successor as Attalus of Pergamus and Ptolomie of Egypt and others Their manner was to do most favors and give most priviledges unto the most remote Nations they having the best ability to Rebel against them wherein this circumstance of being most strangers most helped them So are the French to the Britans c. The like rule of Police have all great Monarchs used ever since As in France the States of Gasconie and Guyen conquered from the English pay far less tribute to the King than those of the isle of France it self The Britains which were old enemies and came to the Crown by marriage pay much less than they The Normans somwhat more than either because they lie somwhat neerer to Paris yet less than the natural Frenchmen Venetians to Candia The Candians pay not the third part of the Impositions unto the State of Venice whereto they are subject that do the natural subjects of Venice in Italie because it is an island a part and standeth further off Spaniards to their Subjects of Italie The Subjects of Naples Scicilie and Milan pay not the Aloavalla viz. the tenth penie of all that is bought and sold and imposed upon the natural Spaniards nor are they subject to the Inquisition of Spain especially not Naples and Milan nor doth any Law or Edict made in Spain hold in those Countries except it be allowed by the States thereof Nor may any of their old Priviledges be infringed but by their own consents Nor are they charged with any part of the extraordinary Subsidies which the King requireth of Spain And of the Low-Countries The Flemings enjoyed great tranquility under the Dominion of Spain before they revolted having a Governor of another Nation over them but his time being but short he strove principally to get and hold the Peoples good will thereby to be grateful to his King at his return home and if he attempted ought against them they complained by their Chancellor residing for them in the Spanish Court for all Forrein Nations have their particular Counsel there about the King and by his mediation obtained many Priviledges Now in the space of 28. in all which time they have been suffered to traffick freely into Spain years of their Revolt there hath not a quarter so many been punished by order of justice as Conte Lewis their natural Prince caused to be executed in one day in Bruxells which were 500. Nor had Alva any thank of the King for putting to death Count Egmont and Horne whereas in Arragon a neerer State there were many heads chopt off upon a late insurrection So that the Circumstance of being strangers and dwelling far off doth them great pleasure and giveth them many Priviledges above the home-born or neer limitting subjects The States of Italie better Governed by their late Vice-Roys than their former home-born Princes In Italie if you compare the number of the afflicted and executed by Justice or otherwise under their home-born Kings with that which hath been since you shall finde twenty for one especially of the Nobilitie the reason is their Kings were absolute and acomptant to no man and being but men and having their passions and emulations with the Nobilitie which they might satisfie without controule they pulled down and set up at pleasure and oftentimes made but a jeast of Noblemens lives and deaths But Viceroys have no authority nor commission to touch principal persons lives without relation given thereof to your King and Council and their order touching it Then knowing that after their three years Government is ended they must stay forty dayes as private men under the succeeding Governor to answer their former proceedings against all that shall accuse them they take heed what they do and whom they offend The late Kings of England extreamly cruel to their Nobilitie To come neerer home and to omit those which in the time of Wars Rebellions and Commotions occasions somwhat justifiable have been cut off within the space of one five years of Henry 4. there were executed in peace by Justice and the Princes Command 2 Dukes 1 Archbishop 5 Earles the Baron of Kinderton and four Knights Within almost as little a space of Ed.
to be for all the time that Alexander lived he continued in banishment Answer to the Objection out of Deut. S. 90. When the Command was given in Deut. no Nation besides the Jews had true Religion among them the chiefest and highest think to be expected in the admission of any Magistrate for that it concerneth the true and highest end of a Common-wealth and of all humane society but Christ's coming into the world took away this restraint So that all Christian Nations are alike for so much as belongeth unto Government CAP. XI Examination of the likelihood of each Pretender to the Crown of England Whereby a Pretender may soonest prevail THe prevailing or not prevailing consisteth either in the Religion of the Pretender or in the Strength of his particular Familie Friends and Allies both at home and abroad Every one will prefer a Prince of his own Religion Religion being at this day threefold viz. Protestancy Puritanism and Papistrie is likely to be of much respect in the Advancement or Depression of each Pretender And albeit in the entrance of King Ed. 6. Queen Mary and her Majestie divers men of different Religions for other respects concurred together in those Princes Advancement which many of them repented after at better leisure yet t is now likely to be otherwise 1 Because the Titles of Pretenders are now more doubtful 2 Men are become more resolute in matters of Religion and by long contending the greater enemies 3 Men of a good Conscience will hold it a point of little zeal at least if not of Atheism to set their hands to the Advancing of a Prince of contrary Religion to themselves 4 Men of discretion hold it to be against all Rules of Policie to promote to a Kingdom in which themselves must live one of a contrary Religion for let what bargains agreements vain hopes promises soever be made before hand yet the Princes once settled they are sure to be opprest by degrees So that they must either dissemble or suffer persecution The likelihoods of the Protestant partie The Protestant that hath the power and authority of the State in his hands is likely to do much especially if he can conceal for a time the decease of her Majestie until he may put his Affairs in order but this is held to be either impossible or very hard so ardent are men's minds in such occasions and so capable of new designments impressions and desires are all kinde of subjects upon such great changes The most wealthy and strong Member of this Bodie is the Clergie as Bishops c. and their followers the Nobilitie and Privie Council are uncertain The House of Hertford was wont to be in their favor but of late they are the more devoted to Arabella and the House of Derby Privie Council out of office during the vacancie of Princes Though the authority of the Privie Council be supreme during the Prince's life yet it is not so afterwards nor have they any publick authority at all but according to their several former callings of Noblemen and Gentlemen Then is every man free until a new Prince be established by the Common-wealth which establishment dependeth not upon the appointment or will of any few or upon any man's proclaiming of himself for divers are like to do so but upon a general Consent of the whole bodie of the Realm The Strength and Affection of the Puritans The Puritans whose profession seemeth to be the more perfect are more generally favored throughout the Realm if not of Papists than the Protestant which make's even all those Protestants who are less interessed in Ecclesiastical livings or other preferments depending on the State very much affected to them Their side is held to be the most ardent quick bold resolute of any other as those which have a great part of the best Captains and Souldiers and great Towns where Preachers have made the more impression in the Artificers and Burgesses much devoted to them Nor want they probabilities of having the City of London the Tower and most part of the Navie much enclined to them Their Forrein partie will be the reformed Churches of France now not many and of the Low Countries The Earle of Huntington was the Lord Beacham by reason of his marriage is most affected by them The King of Scots if not a stranger would also be for his Religion very plausible The Strength and Affection of the Papists The Papists least in shew because held under yet are of small consideration in respect of their home and forrein partie At home they are either Recusants or such as accommodate themselves for wordlie respects unto all external proceedings of the time and State of which sort are the most part of the Countrie People of whom the contrarie Preachers are not so frequent To them such as are discontented do easily joyn also omnes qui amaro animo sunt cum illis se conjungunt 1 Reg. 22. 2. as the most afflicted by the present state Besides there is ever likely a certain natural compassion in most men towards those that suffer and of compassion cometh affection of affection desire to help Moreover the persecution against the Papists hath much stirred them up to far more eager defence of their Cause and hath wrought a great impression in their hearts Their affection is thought indifferent towards any one be he Stranger or Domestical who is likest to restore their religion not much inclined to any one of the pretenders in particular a point of great Consequence by reason of the incertainty and likely to give them great sway wheresoever they shall bend at that day The Forrein Strength of the Papists very great and important The Forrein Helps are besides the exiled English who have both Friends and Kindred at home the affections of Forrein Princes States Favorers of their Religion whose Ports Towns and Provinces be near upon England round about and for such a time and purpose cannot want commoditie to give succor which thing weighed together with the known inclination that way of Ireland and the late declaration made by many of the Scottish Nobilitie and Gentrie to favor that Cause are arguments that this Bodie is also great and strong and likely to bear no small sway in the deciding of this Countroversie For and Against the King of Scots Likelihoods of the Scot besides the Prioritie of his Title in vulgar opinion are his Youth his being a King his moderate Nature having shed little blood hitherto his affection in Religion to such as like thereof On the other-side the Reasons of State before alleged against him especially his Alliance with the Danes and dependance of the Scottish Nation seem to weigh much with Englishmen S. 53. For and Against the Lady Arabella For Arabella is alleged her being a yong Ladie and thereby fit to procure affections and that by her marriage she may joyn some other title with her own and therby friends Against her her being