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
preferred for the elder brother cannot give or transmit that thing to his Son which is not in himself before his Father die nor can his son represent what the Father never had The Common-Law dealeth not with the Point of Succession to the Crown Touching the Common Law the right and interest to the Crown is not expresly decided in it nor is it a Plea subject to the rules thereof but superior and more eminent nor are the Maxims thereof alwayes of force in this as in others As in the case of Dower Copercenars and Tenancie by the courtesie No more ought they to be in this case of inheritance as by the former eight Presidents hath been shewed The Common Lawyers then refer this point of the Crown to Custom nothing being in effect written by them touching it Only the best of our old ones favored that title of Lancaster and Chancelor Fortescue and Sir Tho. Thorope chief Baron of the Exchequer in Henry 6. his time were much afflicted for it by the contrary faction The Princes of York often Attainted The Princes of York forfeited their Right by their Conspiracies and Attainder thereupon as R. Earle of Cambridge put to death therefore by the Judgment of his Peers his elder brother the Duke of York being one of the Jury that condemned him His son Richard Duke of York was also attainted of treason after many oaths to Henry 6. sworn and broken by him and his son Ed. 4. with the rest of his off-spring to the ninth degree at a Parlament at Coventry Anno 1459. But the House of Lancaster was never attainted of any such crime The Hous of York came to the Crown by Violence and Crueltie Edward 4. entred by violence wilfully murthering besides divers of the Nobilitie Henry 6. a good and holy King and his son Prince Edward dispossessing the Hous that had held the Crown about 60 years together in which time their Title had been confirmed by many Parlaments Oaths Approbations and publick Acts of the Common-wealth and the consent of all forreign Nations All which had been enough to have autorized a bad Title Those of Lancaster better Princes than those of York The 4 Henries of the hous of Lancaster were far more worthie Princes then the 4 Princes of the Houses of York as Edw. 4. Rich. 3. Hen. 8. Edw. 6. And if the affairs of any the former especially the 3d succeeded not the chief caus thereof was the sedition rebellion and troubles raised by those of York and their contention against the Princes of the Houses of Lancaster The Cruelty of the Princes of York one to the other The Princes of York have not been onely cruel to their enemies but to themselvs too embrewing their hands in their own blood Then when they had ruined th'other George Duke of Clarence conspired against Edw. 4. his own brother with whom reconciled Edw. caused him afterwards to bee murthered at Calis Rich. 3. murthered his two young Nephews and Henry 8. a great number of that Hous as Edmund de la Poole his Cousin German Henry Duke of Buckingham his great Ant 's son extinguishing that and ruining this familie Also Henry Courtney Marquis of Exceter his own Cousin german the Ladie Margaret Countess of Salisbury and daughter to George D. of Clarence and her son the L. Montague c. The kindness of the Princes of Lancaster But the Love Union Confidence Faithfulness Kindeness and Loialtie of the Princes of Lancaster towards th'other was very notable as in the 2 brothers of Henry 4 and the 3 brothers of Henry 5. and in five or six Dukes of Somerset their near Cosens which argueth both a marvellous confidence those Princes had in that quarrel and a great blessing of God unto the whole familie that agree'd so well The Successes of such noble Houses as followed either partie Another blessing seemeth to bee bestowed on them That no antient great Houses are remaining at this day in England but such as chiefly took their parts as Arundel Oxford Northumberland Westmerland and Shrewsbury whereas the chief partakers of the other Faction are all destroied as Mowbray Duke of Norfolk De la Poole Duke of Suffolk th' Earl of Salisbury th' Earl of Warwick and many others CAP. III. Examination of the Title of the Hous of Scotland Sect. 28. Allegations for the K. of Scots 1. THat hee is descended of the eldest daughter of Henry 7. without bastardie or other lawful impediment and therefore hath the right of prioritie 2. The benefit would accrew unto the Common-wealth by the uniting of England and Scotland a point long sought for 3. The establishing of true Religion in England Hee is not of the Hous of Lancaster but rather of York Hee is not descended truly of the Hous of Lancaster becaus not of the Ladie Blanch the true heir thereof but of Kathathine Swinford whose children were unlawfully begotten though afterwards legitimated by Parlament so that his best Title is by York inferior to that of Lancaster and therefore is to com in after them of that Hous Forrein birth not just impediment in Succession to the Crown of England Hee is Forrein born and therefore excluded by the Laws of England from inheriting within the land Answ 1. This Assertion in an universal sens is fals for a stranger may purchase and inherit by the right of his wife 7 9 Edw. 4. 11 14 Henrie 7. 2. The Statute of 25 Edw. 3. is to bee restrained unto proper inheritance onely viz. That no person born out of the Allegiance of England whose father and mother were not of the same Allegiance at the time of his birth shall not demand inheritance within the same Allegiance 3. This Statute toucheth not the Crown nor any except express mention bee made thereof 4. The Crown cannot properly bee called an inheritance of Allegiance or within Allegiance beeing held immediately from God 5. The Statute meaneth inheritance by descent onely but the Crown is a thing incorporate and therefore goeth as by Succession Now if a Prior Dean c. or other head incorparate though an alien may inherit or demand Lands in England notwithstanding the Statute much more may the Inheritor to the Crown 6. Express exception is made in the Statues of Enfants du Roi which word cannot but include all the King's off-spring and blood-Roial 7. King Stephen and Henry 2. born out of the Realm and of parents that were not of the Allegiance of England when they were born were yet admitted to the Crown without contradiction which argueth that by the cours of the Common Law there was no such stop against Aliens and that if the Statute would have abridged the antient libertie in this case of Succession it would have made special mention there which it doth not The King of Scots excluded by the last Will of Henry 8. Henry 8. his Will whereby he excludeth the off-spring of Margaret S. 4. Which though somwhat infringed by the testimony of two
Princes upon pain of Excommunication to impose new Impositions upon their People without great necessitie and free Consent of the givers Nay why be all Princes at this day prohibited to alienate any thing of their own Crown without consent of their People if they be Lords of all and the People have interest in nothing Answer to the Allegations out of the Prophet SAMUEL Touching the words of Samuel they are not to allow or authorise Injustice or Wickedness in any King But to threaten the Jews with the disorders of Kings for that they rejected the moderate Government of their High Priests and had demanded as a matter of more Pomp and Glorie to be ruled by Kings as other Heathen Nations about them were which did suffer great extortions and tyrannies of their said Kings For the principal points recorded to all Princes throughout the whole course of Scripture are Diligere Judicium Justitiam apprehendere Disciplinam facere veritatem And for not observing them many Princes have been punished by God himself By what Law Princes are punished Now to know by what Law the Common-wealths do punish their Kings It is by all Law both Divine and Humane Divine for that God doth approve that form conditions and limitations which every Common-wealth doth chuse unto it self Humane for that all Law both natural national and positive doth teach us That Princes are subject to Law and Order And it is not so of a Common-wealth as it is of a private man because a private man's voice being but one doth not make the Prince wholly as the Common-wealth doth Besides having once given his voice to make his Prince he remaineth subject and inferior to the same But the whole Bodie superior who giving his authoritie up to the Prince doth not deprive her self of it but may use it when need shall require for his own defence for which he gave it Where one of the Contractants breaketh the other is no more bound And then that power which the Prince hath from the Common-wealth is in very truth but potestas vicaria or delegata given with such restrictions cautels conditions and oaths on both parts the Prince and the Common-wealth as if the same be not kept on either part the other is not bound to observe his promise neither And this is among the very rules of both the Civil and Canon Law Frustrà fidem sibi quis postulat servari ab eo cui fidem à se praestitam servare recusat And again Non abstringitur quis juramento ad implendum quod juravit si ab aliâ parte non impletur cujus respectu praebuit juramentum In things evil promised Oath bindeth not Moreover where the fulfilling of our Oath doth contain any notable hurt or inconvenience against Religion Pietie Justice Honestie or the Weal-publick or against the partie himself to whom it was made it is both lawful honest and convenient to leave the performance thereof As for example In that Herod commanded St. John Baptists head to be cut off which he did for his Oaths sake to the Daughter of Herodias no man will deny but that the thing had been far better left unperformed and the Oath better broken than fulfilled according to another rule of the Law In malis promissis fidem non expedit observari Two principal Cases when Oaths hold not towards a Prince So in these two Cases Subjects Oaths may be left unperformed towards the Prince First when the Prince observeth not at all his promise made to the Common-wealth at his admission And then when the performing of their oath should turn to the notable damage of the Weal-publick These Two Cases touched in the Deprivation of Childerick of France These Two Cases were touched in the Deposition of Childerick when the Bishop of Woitsburg in the Name of all the Nobilitie and Common-wealth of France made this Speech to Zacharie the Pope Truth it is that the French have sworn Fidelitie to Childerick as to their natural King but yet with Condition that he on his part should also perform the Points that are incident to his Office as to defend the Common-wealth protect the Church of Christ c. which if he doth the French are ready to continue their obedience and allegiance unto him But if he be apt for none of these things and nothing else may be expected whilest he is King but detriment to the State ignominie to the Nation danger to Christian Religion and destruction to the Weal-publick Then it is lawful for you no doubt most holy Father to deliver the French from this band of their Oath c. The difference between a King and a Tyrant When a King declineth once from his Dutie he becometh a Tyrant And as a good King's end and Office is to make happie his Common-wealth so the Butt of a Tyrant is to destroy the same A King ruleth according to equitie oath conscience justice and law prescribed unto him and a Tyrant is enemy to all these conditions Vt populo Magistratus ità Magistratui praesunt leges saith Cicero Theodosius and Valentinianus two worthie Emperors Digna vox est said they Majestate Regnantis legibus se alligatum fateri But the Tyrant Caligula is justly detested who said Memento mihi omnia in omnes licere And the Emperor Trajan certainly is to be immortally commended who delivering the Sword to a Praetor or Governor in Rome Take this Sword said he and if I do reign justly use it for me and if not then use it against me Which in effect and substance are the same words that our Christian Princes use at this day at their enterance when they promise to rule justly and according to the Laws of their Country and upon that Condition take the Oaths of their Subjects Obedience Protesting That if they perform not this that then their Subjects are free as before from all Allegeance Of the Coronation of Princes and manner of their Admission to their Authoritie and the Oaths which they do make in the same unto the Common-wealth for their good Government CAP. V. Since the People made the Prince it is likely he did it with Conditions for his own good FOrasmuch as not Nature but the Election and Consent of the People hath made the first Princes from the beginning of the world It appeareth most certain and conform to all reason That they were not admitted to that Power and Dignity without some Conditions and Promises also on their parts for using it well because it is not likely that any people would ever put their lives goods and liberties in the hands of another without some assurance of justice and equity And hereof came to pass that both the Romans and Greecians prescribed to their Kings those limits before mentioned More Religiously observed among Christians than other Nations And the more orderly the Prince cometh to his Crown the more express and
Kings is in substance the same as that of the Emperor for the Archbishop of Guesna Metropolitan of all Polonia declareth to the King before the high Altar the End and Condition of his Office and Dignitie unto what Points he must Swear and what do signifie the Sword the Ring the Scepter and the Crown And the King's Oath thereupon being taken the Marshal General of the whole Kingdom doth ask with a loud voice of all the Nobilitie and People there present Whether they be content to submit themselves unto this King or no Who answering Yea the Archbishop doth end the residue of the Ceremonies and doth place him in the Royal Throne where all his Subjects do Homage unto him The manner used in Spain before the entring of the Moors Sisinandus When Spain remained yet one General Monarchie under the Gothes before the entring of the Moors Sissinandus who had expelled King Suintila for his cruel Government in the Fourth National Council of Toledo holden the year 633. prayed with submission the Prelats there gathered together to determine that which should be needful for the maintaining both of Religion and State and so after matters of Religion they first confirm the Deposition of King Suintila together with his Wife Brother and Children and then authorise the Title of Sissinandus but yet with this insinuation We do require you that are our present King and all other our Princes that shall follow hereafter with the humilitie which is meek and moderate towards your Subjects and that you Govern your People in Justice and Pietie and that none of you do give sentence alone against any man in case of Life and Death but with the consent of your publick Council and with those that be Governors in matters of Judgment And against all Kings that are to come we do promulgate this sentence That if any of them shall against the reverence of our Laws exercise cruel Authoritie with proud domination and Kinglie pomp following only their own concupisence in wickedness that they are condemned by Christ with the sentence of Excommunication and have their separation both from him and us to everlasting judgment Chintilla Sissinandus being dead one Chintilla was made King in his place under whom were gathered two other Councils the 5th and 6th of Toledo in which matters were determined about the Succession to the Crown Safetie of the Prince Provision for his Children Friends Officers and Favorites after his death against such as without the approbation of the Common-wealth did aspire to the same And among other Points a severe Decree was made in the 6th Council concerning the King's Oath at his admission That he should not be placed in the Royal seat until among other Conditions he had promised by the Sacrament of an Oath That he would suffer no man to break the Catholick Faith c. After the entring of the Moors Don Pelago After the coming in of the Moors one Don Pelago a yong Prince of the Royal Blood of the Gothes being fled among the rest to the Mountains was found and made King and having began the recovery of Spain by the getting of Leön left a certain Law written in the Gotish tongue touching the manner of making their King in Spain and how he must Swear to their Liberties and Priviledges whereof the first Article saith Before all things it is established for a Law Libertie and Priviledge of Spain That the King is to be placed by Voices and Consent perpetually and this to the intent no evil King may enter without consent of the People seeing they are to give to him that which with their blood and labors they have gained of the Moors For the fashion of making their Kings in that old time it remaineth still in substance at this day but the manner thereof is somwhat altered for now the Spanish Kings be not Crowned but have another Ceremonie for their admission equal to Coronation which is performed by the Archbishop of Toledo Primate of all Spain Manner used in France Two Manners thereof In France have been two manners used of that Action the one more antient hath endured 600. years from Clodoveus that was Christned and Anointed also and Crowned at Rheims by S. Remigius unto the time of Henry 1. and Philip 1. his Son before the 12. Peers of France were appointed to assist the Coronation which now is the chiefest part of that Solemnitie In the old fashion as saith du Haillan the Kings were lifted up and carried about upon a Target by the chief Subjects there present according to the manner of the Spaniards But for the substance of the admission it was not much different from that which is now The Old Manner Philip 1. For example the Coronation of Philip 1. Henry 1. his father desiring for his old age to establish him in the Crown before his death did ask the consent and approbation both generally and in particular of the Nobility and People for his admission Whom finding all willing he brought him to Rheims where in the great Church the Mass being began upon the reading of the Epistle the Archbishop turning about the Prince declared unto him what was the Catholick Faith and asked him Whether he did beleeve it and would defend it against all persons who affirming that he would his Oath was brought unto him whereunto he must Swear which he took and holding his hands between the hands of the Archbishop read it with a loud voice and signed it with his own hand The substance of the Oath was That he would preserve unto the Clergie all Canonical priviledges and all Law and Justice unto them as every King was bound to do and furthermore administer Justice unto all People given him in charge Then the Archbishop taking his Cross after he had shewed unto all the audience the authoritie that the Archbishop of Rheims had to anoint and Crown the King of France and asked license of King Henry the Father Il esleut Philippe son fili pour en Roy de France Which the Popes Legats and the Nobility and People did approve crying out three times Nous l'approvvons nous le voalons soit fait nôtre Roy Institution of the newest Manner This Manner was altered specially by * Louysle Jeune who leaving still the substance of the action added thereunto divers external Ceremonies of Honor and Majestie and amongst other ordeined the offices of Twelve Peers of France Six Ecclesiastical and Six Temporal who ever since have had the chiefest Places and Offices in this great action First THe Archbishop and Duke of Rheims anointeth and Crowneth the King The Bishop and Duke of Laon beareth the Glass of Sacred Oyl The Bishop and Duke of Langres the Cross The Bishop and Earle of Beauvais the Mantle Royal. The Bishop and Earle of Koyon the King's Girdle The Bishop and Earle of Chaalons the Ring The Duke of Burgundie Dean of
Assertion Fourth The Fourth which hath been touched before is That a Prince once entered to Government and so placed as hath been said is under no Law or Restraint at all of his authoritie but that himself only is the quiek and living Law and that no limitation can be given unto him by any power under heaven except it be by his own will and that no Nation or Common-wealth can appoint or prescribe how they will Obey or how their Prince shall Govern them but must leave his authoritie free from all bands of Law and this either willingly or by violence is to be procured Assertion Fifth The Fifth That albeit the Heir apparent which is next by Birth to any Crown should be never so impotent or unfit to Govern as if for examples sake he should be deprived of his Senses Madd Furious Lunatick a Fool or the like or that he should be known on the other side to be most Malicious Wicked Vitious or abhominable or should degenerate into a very Beast yea if it were known that he should go about to destroy the Common-wealth and drown the Ship which he had to guide yet saith this man he must be Sacred and Holie unto us and admitted without contradiction to his inheritance which God and Nature hath laid upon him and his direction restraint or punishment must only be remitted to God alone for that no man or Common-wealth may reform or restrain him Succession by Birth better than meer Election Indeed Succession is much to be preferred to Election for that as hath been shewed before of the Government of a Monarchie in respect of other Forms Succession hath commonly far fewer and lesser inconveniences Reason First First Election is subject to great and continual dangers of Ambition Emulation Division Sedition and Contention which bring with them evident peril of universal destruction whereas by Succession these occasions of strife are cut off Reason Second Besides The Prince is in present possession knowing that his Son or next of Kinn is to be his Heir hath more care to leave the Realm in good order Reason Third Succession also bringeth less Mutations in the Common-wealth for that the Son following his Father doth commonly retain the same Friends Counsellors and Servants pursueth the same actions and intentions and for the most part with the same manner whereas he which entereth by Election being an Alien and never likely friend to his predecessor doth alter and turn up-side-down all things Reason Fourth Fourthly He that cometh by Succession having been much respected still for his Title to the Crown bringeth with him less Passions of Hatred Emulation Anger Envie or Revenge against particular men than he that entreth by Election who having been equal to others before his advancement and holden contention with many must needs have matter of quarrel with them which he will seek to revenge when he is in authoritie and they on the other side will bear him less respect and more unwillingly be under him Reason Fifth Whereunto may be added the preeminence and priviledge of Premogeniture and ancestrie of Birth so much respected and commanded by holy writ so that although Jacob were ordained by God to inherit the Benediction yet would God have him to procure the said Priviledge of Eldership from Esau his elder Brother Wherein may also be noted That yet this priviledg is not so inviolable but that upon just causes it may be broken and so in matters of State it was often practiced by God himself as when Juda the 4th Tribe and not Ruben the first was appointed to enjoy the Scepter of the Jews and when Solomon tenth Son of David was appointed to be his Successor not his first or second Election and Succession do help one another And so where in Succession there are inconveniencies as some be or may fall the remedie is First to assist the Prince with Directions and wise Counsel if he be capable thereunto if not to remove him and take in another of the same Blood in his place And by this means Election and Succession do help and moderate one another and remedie one anothers inconveniencies Answer to the first Question propounded at the beginning Now to the first Question made at the beginning of this Chapter What is due to Succession or Prioritie of Blood alone Great honor and respect is to be born unto the same for that it is the principal Condition that leadeth infallibly to the next Succession of the Crown If in the same Person do concur also other necessary circumstances and conditions which were appointed at the same time and by the same authoritie that the Law of Succession was established Answer to the Second To the Second What Interest an Heir apparent hath to the Crown before he be Crowned If he have the Conditions before required he hath the same Interest to the Kingdom which the King of the Romans or Caesar hath to the Germane Empire after his Election who yet is not Emperor before he be Crowned Or as in a Contract of Marriage there is Betrothing made between the parties by words de futuro and is not properly Marriage but espousal only and the Wedding made by words de praesenti or by mutual present consent of both Parties So an Heir apparent before he be Crowned and admitted is but Betrothed to the Common wealth for the time to come and is married afterwards by present mutual Consent and Oaths of both Parties What Respect is due to an Heir Apparent Wherefore the Common-wealth in rigor of Justice oweth no Alleageance to the Heir apparent though his Predecessor be dead until he be Crowned because indeed till then he is not their true King and Sovereign els it were in vain to ask the Realm again three times at their Coronation Whether they will have such a King or no And in the old time they were accustomed to reckon the years of their reign only from the day of their Coronation But in the latter ages for avoiding of Tumults and better keeping of Order it hath been ordained That from the death of the former Princes all matters of Government shall pass in the Name of his next Successor And for better accompt of years That the beginning of his Reign should be reckoned from the day of the Death of his Predecessor A Rare Example of HENRY the Fifth who had Fealtie done unto Him before He was Crowned Again By that in all Countries the Subjects take their Oaths only after the Princes hath Sworn it appeareth that before they were not bound unto him by Alleageance And for the Princes of England it is expresly noted by English Historiographers That no Allegeance is due unto them before they be Crowned and that this Priviledge happened only to Henry the Fifth for his exceeding towardliness and for the great affection of the People towards him to have Homage done unto him before his Coronation and Oath taken Which
shall principally be treated of in this place The Felicitie of the Soul is the chiefest End appointed to every Common-wealth First we are to suppose That the first and chiefest End that God and Nature appointed to every Common-wealth was not so much the temporal Felicitie of the Body as the everlasting of the Soul And consequently that all other things of this transitory life are ordained to serve and be directed to that higher End And this was not only revealed to the Jewes by holy Scripture but also unto the Gentiles and Heathens by the instinct and light of Nature it self What End Pagan Philosophers and Law-makers had in their doings For there was never yet Pagan Philosopher that wrote of framing a good Common-wealth neither Law-maker among them that left Ordinances for the same purpose Which besides the temporal end of directing things for the bodie had not special care also of matters appertaining to the minde to wit of nourishing and rewarding virtue and for restraining and punishing of vice and wickedness Institution of Sacrifices by Nature Examples of Noah and Job And Nature did not only teach man that he should serve God but also how he should serve him to wit That the chiefest and supremest honor that could be done unto him in this life was the honor of Sacrifice and Oblations which we see was practiced even in those first beginnings of the Law of Nature before the Levitical Law For so we read in Genesis of Noah That he made an Altar and offered Sacrifices to God upon the same of all the Beasts and Birds that he had in the Ark Odoratúsque est Dominus odorem suavitatis And the like of Job that was a Gentile and lived before Moses Sanctificabat filios consurgénsque diluculo offerebat holocausta per dies singulos Example of the Indians Religion the chief End of a Common-wealth and Magistrates Among the Indians also where never any notice of Moses Law came there was never any Nation sound that acknowledged not some kind of God and offered not some kinde of Sacrifice unto him And though both in distinguishing between false gods and the true God and in the means of honoring him they have fallen into most gross and infinite errors as also the Gentiles of Europe Asia and Africa yet it is evident hereby that by God and Nature the highest and chiefest End of a Common-wealth is Cultus Dei And consequently that the principal care and charge of a Prince and Magistrate even by Nature it self is to look thereunto As among the Antients both Jews and Gentiles their Kings and chief Magistrates for many ages were also Princes And divers learned men do hold that the Privilege and preeminence of Primogeniture consisted principally in this That the eldest Sons were Priests The same proved by Authorities Nulla est gens saith Cicero tam fera nulla tam immanis cujus mentem non imbuerit deorum colendorum Religio And Plutarch writing against a certain Atheist of his time saith thus If you travel far Countries you may chance to finde some Cities without Learning without Kings without Riches without Money But a Citie without Temples and without gods and Sacrifices no man yet hath ever seen And finally Aristotle having numbred divers things necessary to a Common-wealth addeth these words Quintum Primum Circa rem Divinam cultus quod sacerdotium Sacrificiúmque vocant The absurd Atheism of our time in Politicks And therefore we see how false and impious is the opinion of divers Atheists of our time who affirm That Religion ought not to be so greatly respected in a Prince as though it were his chiefest care or the matter of most importance in his Government False and impious opinion specially among Christians who have so much the greater obligation to take to heart this matter of Religion by how much greater light and knowledge they have of God And for this cause also in all the Princes Oaths taken at their Admission as before hath been * recited the first and principal point of all other is about Religion and maintenance thereof not only by themselves but also by their Lievtenants c. The Oath given by the Emperor Justinian to all his Governors to take at their Reception And the Civil Law yieldeth a very solemn Form of an Oath which the Emperor Justinian was wont to give to all his Governors c. of Countries c. before they could be admitted to their Charges which is as followeth Juro per Deum omnipotentem filium ejus unigenitum Dominum nostrum Jesum Christum Spiritum Sanctum per Sanctam gloriosam Dei genitricem semper-virginem Mariam per quatuor Evangelia quae in manibus meos teneo per Sanctos Archangelos Michaëlem Gabriëlem puram conscientiam germanúmque servitium me servaturum sacratissimis nostris Dominis Justiniano Theodosiae conjugi ejus occasione traditae mihi ab eorum pietate administrationis Et quod communicator sum sanctissimae Dei Catholicae Apostolicae Ecclesiae nullo modo vel tempore adversabor ei nec alium quocunque permittam quantum possibilitatem habeam Et si verò non haec omnia servà vero recipiam omnia incommoda hìc in futuro seculo in terribili judicio magni Domini Dei salvatoris nostris Jesu Christi habebo partem cum Juda cum lepra Geizi cum tremore Cain in super poenis quae lege eorum pietatis continentur ero Subjectus Why Princes should be endued with Religion This Oath did all the Governors of Christian Countries take in old time By which Oath and the other Oaths which Emperors and Kings did make themselves at their admission about this point we may see that it is their chiefest and highest end and office to assist their Subjects to the attaining of their supernatural end by knowing and serving God in this life For that otherwise God should draw no other fruit or commodity out of humane Common-wealths than of an assembly of brutish creatures He that wanteth it is guilty of high Treason against God And therefore whatsoever Prince or Magistrate doth not help his Subjects to this end omitteth the first and principal part of his charge and committeth high Treason against his Lord and Master in whose place he is and consequently is not fit for that place and dignitie though he should perform the other two parts of Justice and Valor never so well Lack of Religion the chiefest Cause and justest to exclude a Prince Whereof it ensueth That nothing in the world can so justly exclude an Heir apparent from his Succession as want of Religion nor any cause whatsoever justifie and clear the conscience of the Common-wealth or of particular men that in this cause should resist his entrance as if they judge him faultie in this point If a Marriage may be dissolved
much more a bare Betrothing such as is between an Heir apparent and a Common-wealth St. Paul determineth plainly That if two Gentiles married together in their Gentilitie which none denieth to be true marriage for so much as concerneth the Civil Contract and afterward the one of them being made a Christian the other would not live with his partie or if he do yet not without blaspheming of God and tempting him to sin In this case he teacheth That it is sufficient to break and dissolve utterly this heathen marriage and that the Christian may marrie again and this only for the want of Religion in the other party Which being so in actual marriage already made consummate how much more may it serve to undo a bare betrothing which is the case of a Pretender only to a Crown as before hath been shewed Whether Difference in Religion be Infidelitie But some may say that St. Paul speaketh of an Infidel or Heathen that denieth Christ plainly which is not the case of a Christian Prince though he be somwhat different in Religion To which is answered That supposing there is but one only Religion that can be true among Christians as both Reason and Athanasius his Creed doth plainly teach us and moreover seeing that to me there can be no other Faith or Religion available for my salvation than only that which I my self do believe for that mine own Conscience must testifie for me or against me certain it is that unto me and my Conscience he which in any Point believeth otherwise than I do and standeth wilfully in the same is an Infidel for that he believeth not that which in my Faith and Conscience is the only and sole truth whereby he must be saved And so long as I have this opinion of him albeit his Religion were never so true I shall do against my Conscience and sin damnably in the sight of God to prefer him to a Charge where he may draw many other to his own Errors and Perdition wherein I do perswade my self that he remaineth How he that doth against his Conscience sinneth And this Point is founded upon that which St. Paul saith against such Christians as being invited to the Banquets of the Gentiles did eat the meats offered to Idols which themselves do judge to be unlawful to eat which he saith was a damnable sin not for that the thing in it self was unlawful but for that they did judge it so and yet did the contrary And the reason he yieldeth presently Quia non ex fide omne autem quod non est ex fide est peccatum Doing a thing though in it self indifferent against their own Conscience which must be their witness at the latter day How dangerous a sin to favor a Pretender of a contrary Religion Now to apply this to the matter of England I affirm and hold That for any man to give his Help or Consent towards the making of a King whom he judgeth or believeth to be faultie in Religion how good or bad soever he be or of what side soever the truth be it is a most grievous and damnable sin And is guilty of all the evils miseries and calamities which may ensue by his Government whether they do so or no Because knowing in his belief that he is like or in disposition to bring all those evils yet he doth further or not resist him How far it is also against Wisdom and Policie to prefer a Prince of a contrary Religion Moreover besides the matter of Conscience It cannot in Policie but be great folly and over-sight for a man to promote to a Kingdom wherein himself must live one of a contrary Religion to himself For let the bargains agreements and promises be never so great yet seeing the Prince once settled must needs proceed according to the principles of his own Religion it followeth also that he must come quickly to break with the other Partie And so many Jealousies Suspitions Accusations c. will light upon him as not only he shall not be capable of such Preferments Honors and Charges which men may deserve and desire in their Common-wealths but also he shall be in continual danger and subject to a thousand molestations and injuries and so before he beware will become to be accompted an enemy or backward man Which to remedy he must either dissemble deeply and against his own Conscience make shew to favor and set forward that which in his heart he doth detest which is the greatest calamity and miserie of all other or else to avoid this everlasting perdition he must break with all the temporal commodities of this life and leave the benefits which his Country might yield him And this is the ordinary end of all such men how soft and sweet soëver the beginnings be The Conclusion of the whole Speech That the next Heir after the Queen must needs be verie Doubtful And therefore to conclude all this Speech Seeing there be so great inconveniencies and dangers in respect both of God and man body and Soul to advance to the Crown a Prince of contrary Religion And considering that in England there is so great diversitie of Religions as the world knoweth between these Parties and Factions that have to Pretend or admit the next Prince after Her Majestie that now is Calling to mind also the great Libertie Scope and Authoritie which the Common-wealth hath to determine even against the clear right of Succession And laying finally before our eies the manifold and different Acts of Christian Realms before mentioned in this affair It appeareth as it was propounded in the beginning That it is a very doubtful case who shall be the next Prince after the Queen And much more if above all this it be proved also as it shall be in the Second Book that among such as do or may pretend of the Blood Royal at this day their true Succession and next Propinquitie by birth is also incertain and disputable FINIS CAP. I. BOOKS WRITTEN 1. BY one Hales sirnamed Clubfoot Clerk of the Hamp in which the Lord Keeper Bacon was thought to have a hand and Sir William Cecil a privitie 2. In favor of the Lady Katharine Gray daughter of the Lady Frances Dutchess of Suffolk the daughter of Marie yonger daughter of Henry 7. to prefer her before the Scot discended of Margaret the elder daughter 3. Because he was a Stranger or Alien therefore not to inherit by Law 4. Henry 8. had authority given him by two Parlaments of 28. and 36. to dispose of the Succession by his last Will and ordained his own issue failing that the off-spring of Mary should be preferred before that of Margaret 5. Against this one Morgan a Divine of Oxford with the advice of Judge Brown as it was thought wrote first to clear the Queen of Scots from her Husbands death 2 handled her Title to our Crown 3 against the
hous of York that challenged the Crown and died in the quarrel His son was Edward the 4. The Issue of the Duke of Glocester Thomas of Woodstock had onely one childe Anne married to the Lord Stafford whose issue came after in regard of this marriage for Thomas was Earl of Buckingham too to bee Duke of Buckingham som of whose blood are yet in England The Issue of John of Gant by his first Wife John of Gant had three Wives 1 Blanch the heir of Lancaster aforesaid by whom hee had Henry 4. and Philippe married to John King of Portingal from whom are lineally descended such as at this day claim interest in that Crown and Elisabeth married to John Holland Duk of Exceter whose grand-childe Henry left onely Anne married to Sir Thomas Nevil Knight from whom the Earl of Westmerland is lineally descended By his second Wife By his second Ladie Constance daughter of Peter King of Castile hee had onely one daughter Katharine married to Henry the third King of Castile of whom the King of Spain that now is is lineally desended By his third Wife Henry 7. his Title His third Katharine Swinford daughter to a Knight of Henault and attending on his wife Blanch hee used as his Concubine in his wife Constance's time and begat of her three sons and one daughter and after married her to Swinford an English Knight who dead and his wife Constance also hee married her Anno 1396 and caused his said children by her to bee legitimated by Parlament Anno 1397. Henry 7. his Title from Lancaster His sons were 1. John Duke of Somerset 2. Thomas Duke of Excester 3. Henry Bishop and Cardinal of Winchester His daughter Jane married to the Earl of Westmerland The Issues of all these were soon spent except of John of Somerset who had two sons John and Edmund John one onely daughter Margaret married to Edmund Tidder Earl of Richmond by whom hee had Henry 7. Edmund and his three sons all died in the quarrel of the Hous of Lancaster without Issue The line of Clarence and Title of the Earl of Huntington George Duke of Clarence second brother of Edw. 4. had Issue Edw. Earl of Warwick put to death by Henry 7. and Margaret Countess of Salisbury married to Sir Richard Poole of Wales by whom hee had Henry Arthur Geoffroy and Reynald after Cardinal Henry Lo. of Montague put to death with his mother by H. 8. had Katharine married to the Earl of Huntington they the now Earl c. and Wenefred married to Sir Tho. Barrington Arthur Marie married to Sir John Stanny and Margaret to Sir Tho. Fitzherbert Geoffrey Geoffrey Poole hee Arthur and Geoffrey which yet live in Italie Henry 7. his Issue The Title of Scotland and of the Ladie Arbella Henry 7. had by the eldest daughter of Edw. 4. for of all the other three remaineth no issue besides Hen. 8. Margaret first married to the K. of Scots they James 5. who Mary mother to the now King After married to the Earl of Anguis they Margaret married to the Earl of Lenox they Henry married to the last Queen and murthered 1566. and Charles married to Elisa Ca4dish by whom the Ladie Arbella The Title of the Lord Beacham and his brother Marie the second daughter first married to Lewis 12. of France without issue then to Charles Brandon Duke of Suffolk they Francis married to Henry Gray Marquis Dorset after Duke of Suffolk beheaded by Q. Mary they Jane married to Dudley both beheaded Katharine first married to the Earl of Pembroke and left by him to the Earl of Hartfort as themselves affirmed in the Tower from whom descendeth the Lord Beacham and Edward Seymer his brother The Title of the Hous of Derbie Eleonor second daughter to Ch. Brandon and the Queen of France was married to Henry Clifford Earl of Cumberland they had issue Margaret married to Henry Earl of Derbie who had issue the last and the now Earl CAP. IV. The Controversie between the Houses of Lancaster and York The Pretence of the Hous of York BY Richard Duke of York son of Richard Earl of Cambridg aforesaid c. That considering hee had by descent joined in him the right aswell of Lionel Duke of Clarence second son to Edw. 3. as of Edward Duke of York the fourth son of Edw. 3. hee was to bee preferred before the Hous of Lancaster claiming onely from John of Gant the third son of Edward 3. Richard 2. Deposed Edward 3. in his old age for the love hee bare to the black Prince confirmed the Succession by Parlament to Richard 2. his son and caused the rest of his sons to swear thereunto Richard 2. for his misgovernment was deposed by common consent and Henry 4. chosen in his place which himself and his issue possessed about 60 years The question is Whether King Richard were rightfully deposed or no That a King may bee deposed on just causes First that a King on just causes may bee deposed is proved by Reason becaus the rule beeing given by the Common-wealth on condition of just government that much violated the condition is broken and the same Common-wealth may take the forfeiture This proved by the autoritie of all Law-makers Philosophers Divines and Governors of Common-wealths and by example of divers Depositions which God himself hath blessed with good success Proved by reasons and examples of Divinitie An ill Prince is an armed enemie with his feet set on the Realm's head whence hee cannot bee plucked but by force of Arms Object God may cut him off by sickness or otherwise and therefore wee are to attend his good pleasure Answ. God alwaies bindeth not himself to work miracles nor often with extraordinary means but hath left upon earth unto men and Common-wealths power to do justice in his Name upon offendors Examples hereof are Ehud stirr'd up by God to kill Eglon King of the Moabites by a stratageme Judg. 3. and the Philistins to kill David to persecute Saul Jeroboam to rebell against Roboam the son of Solomon 2 Reg. 11. 12. Jehu to depose Joram and Q. Jezabel his mother 4. Reg. 9. The Captains of Jerusalem at the persuasion of Jehoiada the high-Priest to conjure against Q. Athalia whom they deposed and Joash chosen in her room 4. Reg. 11. All which hee might have removed without blood-shed if hee would But hee appointed men to work his Will by these violent means to deliver that Common-wealth from oppression and for the greater terror of all bad Princes Allegations of the Lancastrians that King Richard 2. was justly Deposed Just causes of Deposing Richard 2. were Hee murthered his Uncle the Duke of Glocester without form of Law or process Hee put to death the Earl of Arundel banished Warwick Thomas Arundel Archbishop of Canterbury and Henry Duke of Hereford and Lancaster and after King whose goods and inheritance descending to the said Henry from his Father hee wrongfully seized on Hee suffered the Earl of Oxford
whom they abandoned and chose Jeroboam his servant and a stranger And what availed it the Duke of Glocester Tho. of Woodstock that hee lived under his Nephew Ric. 2. or the Duke of Clarence the right of his brother Sect. 4. or the De la Pooles Staffords Plantagenets their beeing under their near kinsman Henry 8. by whom they lost both their lives possessions and kindred Many other examples might bee drawn from the Romans Sicilians Spanish English c. who have been much the wors for their home-born Princes Opinion and the beeing under several Governors make 's strangers or no strangers Who bee strangers and who not dependeth much of the opinion and affection of each people and nation the one towards the other but chiefly their being under the same or several Governments The hous of Guise and their kindred were held for strangers in France yet came they but out of Lorrain a Province bordering upon France and of the same nation language and manners onely under another Prince The Florentines are hated and held strangers in Siena where they govern albeit the one State bee not 30 miles from the other and both of one nation language and education On the contrarie the Biscayns hold not the Castillians for strangers nor the Normans and Britains the French nor the Welsh the the English a different people and of different language Three means of coming under forreign Government One Nation may becom subject to another either by Conquest as the Welsh were to the English the English to the Normans and Danes Sicilia and Naples to the Spaniards c. Or inheritance as Aquitaine and Normandie to England the 17 Provinces to Spain Britanie to France Or by mixt means of force and composition as Milan to Spain Ireland to England and Portugal in our daies to Spain The Condition of Conquest and the wisest Conquerors Conquest is of these three the hardest for the Subject all standing at the Will and Humor of the Conqueror whom either anger fear or jealousie of his assurance may often drive to hold a hard hand over the Conquered at least for a time until his State be settled Yet have these ever at least the wisest dealt like Physitians who after a vehement Purgation minister Lenitives and soft Medicines to calm and appease the good Humors left and to strengthen the whole bodie again that it may hold out Commendation of the Romane Government best to their Forrein Subjects The carriage of the Romans was so just considerate sweet and modest towards all Forrein Nations they had conquered that it allured divers Nations to desire to be under them and to be rid of their natural Kings as the Subjects of Antiochus and Mithridates Other Kings to gratifie their subjects nominated the Romane Empire for their successor as Attalus of Pergamus and Ptolomie of Egypt and others Their manner was to do most favors and give most priviledges unto the most remote Nations they having the best ability to Rebel against them wherein this circumstance of being most strangers most helped them So are the French to the Britans c. The like rule of Police have all great Monarchs used ever since As in France the States of Gasconie and Guyen conquered from the English pay far less tribute to the King than those of the isle of France it self The Britains which were old enemies and came to the Crown by marriage pay much less than they The Normans somwhat more than either because they lie somwhat neerer to Paris yet less than the natural Frenchmen Venetians to Candia The Candians pay not the third part of the Impositions unto the State of Venice whereto they are subject that do the natural subjects of Venice in Italie because it is an island a part and standeth further off Spaniards to their Subjects of Italie The Subjects of Naples Scicilie and Milan pay not the Aloavalla viz. the tenth penie of all that is bought and sold and imposed upon the natural Spaniards nor are they subject to the Inquisition of Spain especially not Naples and Milan nor doth any Law or Edict made in Spain hold in those Countries except it be allowed by the States thereof Nor may any of their old Priviledges be infringed but by their own consents Nor are they charged with any part of the extraordinary Subsidies which the King requireth of Spain And of the Low-Countries The Flemings enjoyed great tranquility under the Dominion of Spain before they revolted having a Governor of another Nation over them but his time being but short he strove principally to get and hold the Peoples good will thereby to be grateful to his King at his return home and if he attempted ought against them they complained by their Chancellor residing for them in the Spanish Court for all Forrein Nations have their particular Counsel there about the King and by his mediation obtained many Priviledges Now in the space of 28. in all which time they have been suffered to traffick freely into Spain years of their Revolt there hath not a quarter so many been punished by order of justice as Conte Lewis their natural Prince caused to be executed in one day in Bruxells which were 500. Nor had Alva any thank of the King for putting to death Count Egmont and Horne whereas in Arragon a neerer State there were many heads chopt off upon a late insurrection So that the Circumstance of being strangers and dwelling far off doth them great pleasure and giveth them many Priviledges above the home-born or neer limitting subjects The States of Italie better Governed by their late Vice-Roys than their former home-born Princes In Italie if you compare the number of the afflicted and executed by Justice or otherwise under their home-born Kings with that which hath been since you shall finde twenty for one especially of the Nobilitie the reason is their Kings were absolute and acomptant to no man and being but men and having their passions and emulations with the Nobilitie which they might satisfie without controule they pulled down and set up at pleasure and oftentimes made but a jeast of Noblemens lives and deaths But Viceroys have no authority nor commission to touch principal persons lives without relation given thereof to your King and Council and their order touching it Then knowing that after their three years Government is ended they must stay forty dayes as private men under the succeeding Governor to answer their former proceedings against all that shall accuse them they take heed what they do and whom they offend The late Kings of England extreamly cruel to their Nobilitie To come neerer home and to omit those which in the time of Wars Rebellions and Commotions occasions somwhat justifiable have been cut off within the space of one five years of Henry 4. there were executed in peace by Justice and the Princes Command 2 Dukes 1 Archbishop 5 Earles the Baron of Kinderton and four Knights Within almost as little a space of Ed.
4. his time 2 Dukes 3 Earles 2 Barons 3 Knights and many other afterwards for this was but in the beginning of his Reign But when all doubt of Contention about Succession which moved those two Kings the more excusably to these cruelties was taken away in Henry 8. his time were either cut off or clean put down 2 Queens his wives 3 Cardinals 3 Dukes 1 Marquess 2 Earles 2 Countesses 6 Lords 6 or 7 Abbots Knights in great number Gentlemen infinite What Spaniard could or durst have done so much Better to live under a Great than a little Monarch 1 He is best able to defend and protect his subjects 2 He hath ordinarily least need to Pill and Pole them for a little King though never so mean will keep the State of a King which his subjects must maintain 3 He hath more to bestow upon his subjects for reward of Virtue or Valor A great Prerogative unto every subject to be born under one that hath much to give whereas he that is born in the Cities of Geneva or Genoa let him be of what abilitie or worth soëver can hope for no more preferment than those Common-wealths can give which is all too little what then would it be were there many worthie men born there at one time A Forrein Prince living among us without Forrein Forces Another manner of living under Forrein Princes is when the Prince cometh to dwel among us without Forces As did King Stephen and Henry 2. who were natural Frenchmen and as King Philip in Queen Maries time here in England and the last King of France in Polonia so should his Brother Monsieur have done here if the marriage between him and the Queen had gone forward Fit for our present State and beneficial to any No danger nor inconvenience can justly be feared from such a King The benefits are 1 He subjecteth himself rather to the Realm and Nation than they to him and if he live and marrie in England both he and his Children will quickly become English 2 For his assurance he must be inforced to cheerish the English thereby to gain and perpetuate to himself their good-will and friendship 3 He entereth with indifferent mind towards all men having no kindred or alliance within the Land to whom he is bound nor enemie against whom he may be incensed so as only merit and demerit of each man must move him to favor or dis-favor a great foundation of good and equal Government 4 He might be admitted upon such Compositions and Agreement as both the Realm should enjoy her antient Liberties and perhaps more for Forrein Princes upon such occasions of their preferment commonly yield to much more than the Domestical and the home-born Pretenders should remain with more security than they can well hope for under an English Competitor A Forrein Prince with Forrein Support A third manner is when the Prince bringeth Forces with him for his own assurance and these either present as the Danish Kings and after them the three first Norman Princes who either by the help of their first subjects already in England or by others brought in by them afterwardes wrought their evil Or that his Forces be so neer as he may call them in when he listeth and that without resistance as may the Scot whom no Sea divideth from us Insupportable to our or any State whatsoever All danger and inconveniences may justly be feared from such a King yea all the mischiefs either of Domestical or Forrein Governments For those of a Domestical Prince are Pride Crueltie Partialitie pursuing of Factions particular Hatred extraordinary advancing of his own Kindred extreme pinching and punishing of the Subject being sure of his own partie within the Realm by reason of his presence and therefore the less respective of others These vices such a Forrein Prince is the more subject too than the Domestical as having both external Counsel of a People that hate us to incense him and their external Force to effect his and their Designs The mischiefs of Forrein Government are Tyrannie of the Prince the servitude of the People filling and planting the Realm with strangers and dividing among them the Honors Dignities Riches and Preferment thereof All which are incident in all probabilitie to the third kind of Government and to be feared in the succession of the King of Scots whose case is within the second Branch thereof and may hereafter be within the first Forrein Princes affected by some Countries Best Romane Emperors strangers Where Kings go by Election commonly they take Strangers in the second kinde Sect. 105. so did the Lacedemonians and Romans in their first Monarchie and of late the Polonians in the Succession of their three last Kings and the Venecians by way of good Policie have made a perpetual Law That when they are to War and must needs chuse a General he be a stranger to wit some Prince of Italie who is out of their own States thereby to have him the more indifferent and equal to them all Among the latter Romans their best and most famous Emperors were strangers as Trajan and Adrian Spaniards Septimius Severus an African Constantine English Their worst Romans as Caligula Nero Heliogabalus Commodus Forrein Government which best which worst This Second then S. 105. is the best In the first kinde of being under Forrein Government and as a Province to be ruled by Deputies Viceroy's c. as the States mentioned S. 19. and as all the Provinces of the old Roman's States were all things considered and one taken with another the Commodities and Securities are more and the damages and danger less than in the Government of Domestical Princes And all the mischiefs of Forrein Government are only incident to the third and last S. 105. Other imputations to the other two proceeded from the blindness and passion of the vulgar and some private men most likely to be interessed therein S. 91. An Answer to the former Objection S. 89. against Forrein Government Upon other occasions and humors the vulgar will do as much against their own Country-men and Princes as the Sicilians did against the French c. S. 89. and often have both in England and else where when they have been offended or that seditious heads have offered themselves to lead them into tumults Aristotle Answered S. 89. Aristotle in his Politicks never handled expresly this our Question and consequently weighed not the reasons on both sides and so left it neither decided nor impugned and he that was Alexander's Master the Master of so many Forrein Countries could not well condemn it Demosthenes Answered S. 88. Demosthenes was well feed by the King of Asia to the end he should set Athens and other Grecian Cities at ods with Philip On the other side if Athens a Popular Government wherein the force of his tongue made him have greatest sway and authoritie were to have come under a Monarch he should have been in like credit as he fell out
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
nothing at all Allied with the Nobilitie of England her Title as doubtful as the rest if not more S. 56. Her Religion can be no great motive either for or against her for by all likelihood it is as tender yet green and flaxible as is her age and sex The Kindred and power of Beacham and Derbie The Lord Beacham and Earle of Derbie have had their Titles examined before Cap. 6. Their difference in mean and Kindred is great For Derbie far exceedeth the other in both For the Kindred of Hertford are but few his father being the first raiser of his House But Derbie hath besides the Stanleys which are many and of good power the Lords Sturton Monteagle Morley Dacres of the North the Earle of Cumberland some of the Arundels Poynes of Glocester and many others besides Lancaster Cheshire and North-Wales which for the most part depend upon him The Likelihoods of the Earle of Huntington The Earle of Huntington his Alliance is not great in the last Earl it was the Earle of Leicester and Warwick and Sir Philip Sidney living besides he was like to have the whole power of London a matter of great importance and which advanced Ed. 4. two several times by which means and by all the forces and affection of the Puritan and much of the Protestant he was thought to be in great forwardness But now these great Pillers failing no man can assure himself what the success of this Earle or his issue will be A Short Survey of all Forrein Pretenders The Infanta Pretendent of the House of Britain is a Princess of rare parts both for beautie wisdom and Piety The two yong Princes of Parma were imps of great expectation and divers waies neer of Kin to the Spaniard As near to whom are the Children of the Duchess of Bragança who are all Princes of rare Virtue and Valor and of singular affection to the English nation which divers of them travelling Portugal have tasted What the means of the Spaniard is all the world may see what his or any of their success will be in this matter no man can determine That there will be Wars about the Succession This Affair will not be ended by any possibilitie moral without some War at least wise for some time at the beginning and that for divers Reasons The First Reason The matter cannot be Disputed and determined during Her Majesties life without evident danger of her person for many Causes in the like case and especially now that she groweth to be old and without hope of issue The Second Reason The Declaration of an Heir arparent now made would move infinite Humors and Affections within the Realm and stir coals and cast firebrands over all the Kingdom perhaps further which now lie raked up and hidden in the Embers The Third Reason The Declaration though it were now made by Parlament or Authoritie of her Majestie would not fully end the Controversie For albeit some Pretenders that should be passed over or put back would perhaps be silent for the present yet afterwards 't is certain they would both speak and spurn when occasion were offered The Fourth Reason This Declaration would be dangerous to him were declared for on the one side it would make her Majestie very jealous of him On the other side unite and arm all other Pretenders and their followers against him And of all recounted by our Histories to be declared in this manner none being not Kings Children ever came to Reign The Fifth Reason The Pretenders being so many and their Pretences so ambiguous as they be it is to be thought That none or few will presently at the beginning abandon their Hopes and Titles but prove at least what Friends will stand to them and how matters will go for or against them especially seeing they may do it without danger of Law their Rights and Pretences being manifest and for this first Assay arms are necessary The Sixth Reason If any would in process of time forgo their Titles as divers will at length and many must for one only can speed yet that they be not seased or oppressed on a suddain and at first by the adverse partie as the course is in such cases t is likely each one will arm himself and friends at the beginning for better Conditions will be granted them being armed than being naked and the more that stand together on their guard the easier and sooner Peace may they procure of him that Prevaileth for a displeasure is sooner pardoned to a multitude or potent adversary than to one or a weak one Now the Common peril of the not prevailers knitting them together for their own defence besides their own safegard will be the ground of much securitie to him also that Reigneth they being not likely to conspire against him because they are many and by consequent not easily drawn to agree among themselve whom to prefer where he pulled down No main Battel but rather a Composition This matter is not like to come easily to any great or main Battel but rather to be ended at length by some Composition and general Agraement and that for this Reason The Reason The Pretenders are many and their Power and Friends lying in divers and different parts of the Realm they will one fear the other and seek to fortifie themselves where their strength lieth especially towards the Ports and Seafide for receiving of Succor Therefore will they not much urge nor press one the other in the beginning but every part attended rather to strengthen it self for the time Which of the Pretenders are likeliest to bear it There be two sorts of Pretenders the one Forrein the other English Of Forrein the Infanta it likest to bear it or some other by her Title laid upon him by her friends good-will Of Domestical the Earle of Hartford's second Son Of Forrein the Infanta and why 1 She is a Woman and may easilie joyn if her Father will the Titles of Britanie and Portugal together 2 She is unmarried and by her marriage may make some other Composition either at home or abroad that may facilitate the matter 3 She is a great Princess and fit for some great State and other Princes of Christendom would perhaps more willingly concur in such a composition of matters by her and by casting all Forrein Titles on her than that the King of Spain should add this Kingdom unto his Monarchie A thing which those Princes his neighbors in reason of State would not so well allow of 4 Some such moderation would take away much of the aversion of the English from Forrein Government For hereby no subjection would be feared to any Forrein Realm but rather divers benefits to the Realm of England S. 106. Of Domestical the Earle of Hartford's second Son and why He seemeth to be cleared of the Bastardie that lieth nearest of all upon those Children and therefore to be preferred before his elder Brother S. 62. 2 He is unmarried a
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