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A91489 A treatise concerning the broken succession of the crown of England: inculcated, about the later end of the reign of Queen Elisabeth. Not impertinent for the better compleating of the general information intended. Parsons, Robert, 1546-1610. 1655 (1655) Wing P574; Thomason E481_2; ESTC R203153 79,791 168

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heads For which cause the States of Venice and Genoa which were wont to have simply this Government of Aristocratia were inforced in the end to chuse Dukes The Division and Factions among the Senators of Carthage was the cause why Aid was not sent to Hannibal their Captain in Italie after his so great and important Victorie at Canna which was the very cause of the saving of the Romane Empire and the loss of their own As also afterwards the Emulations and Discord of the Romane Senators in the Affairs and Contentions of Marius and Sylla and of Pompey and Caesar was the occasion of all their Destruction and of their Common-wealth with them Why Helps are given to Kings Therefore it appeareth that of all other Governments Monarchie is the best But for that a King is a Man as others be and thereby not only subject to Errors in Judgment but also to passionate Affections in his Will It was necessarie That the Common-wealth should assign him the best Helps that might be for Directing and Rectifying both his Will and Judgment Lawes the first Help why given The first Help is the Law which Aristotle saith Est mens quaedam nullo perturbata affectu and in the same place addeth That he which joyneth a Law to Govern with the Prince joyneth God to the Prince but he that joyneth to the Prince his Affection to Govern joyneth a Beast So that a Prince Ruling by Law is more than a man or a man Deified and a Prince Ruling by Affections is less than a man or a man Brutified In another place also the same Philosopher saith That a Prince that Ruleth hemself and others by his own Appetite and Affections of all Creatures is the worst and of all Beasts is the most furious and dangerous for that nothing is so outragious as Injustice armed and no Armor is so strong as Wit and Authority Councils the second Help why given The Monarchie of ENGLAND tempered The second Help that Common-wealths do assign to their Kings and Princes be certain Councils as we see the Parlament of England and France the Courts in Spain and Diets in Germanie without which no matter of great Moment can be concluded And besides this commonly every King hath his Privie Council whom he is bound to hear and this was done to temper somwhat the absolute Form of a Monarchie whose danger is by reason of his sole Authoritie to fall into Tyrannie as Aristotle noteth In the Monarchie of England all the Three Forms of Government do enter more or less In that there is one King or Queen it is a Monarchie In that it hath certain Councils which must be heard it participateth of Aristocratia And in that the Commonaltie have their Voices and Burgesses in Parlament it taketh part also of Democratia All which limitations come from the Common-wealth as having Authoritie above their Princes for the good of the Realm Restraint of Kings among the Romans Why Kinglie Government left in Rome This Restraint hath been in all Times and Countries as for example The Romans that began with Kings gave their Kings as great and absolute Authoritie as ours have now adaies but yet their next in Blood Succeeded them not of necessitie but new Kings were Chosen partlie by the Senate and partlie by the People So as of Three * most excellent Kings that ensued immediatelie after Romulus none were of the Blood nor yet Romans born but rather Strangers Chosen for their Virtue and Valor So for the neglecting of their Laws the Senators slew Romulus their first King and cut him in pieces and for the same reason expelled Tarquinius Superbus their last and all his Posteritie and with them the Name and Government of Kings which was changed in the Regiment of Consuls Restraint of Kings among the Grecians In Greece and namely among the Lacedemonians their Kings Authoritie was so restrained by certain Officers of the People called Ephori which commonly were five in number as they were not only chastened by them but also Deprived and somtimes put to death Restraint of Kings in Christendom In Germanie The Emperor can neither make War nor exact any Contribution of men or Money thereunto but by the free leave and Consent of all the States of the Germane Dyet or Parlament And for his Children or next in Kinn they have no action interest or pretence to Succeed but only by free Election if they shall be thought worthie Nay one of the chiefest Points that the Emperor must Swear at his entrance is this That he shall never go about to make the Dignitie of the Emperor Peculiar or Hereditarie to his Familie but leave it unto the Seven Electors free in their power to Chuse his Successor according to the Law made by the Pope Gregory the Fift and the Emperor Charles the Fourth in this behalf In Polonia and Bohemia The Kings of Polonia and Bohemia can neither do any thing of great Moment without the consent of certain principal men called Palatines or Castellans neither may their Children of next Blood Succeed except they be Chosen as in the Empire In Spain France and England In Spain France and England the Privileges of Kings are far more eminent both in the Power and Succession for their Authoritie is much more absolute and their next in Blood do ordinarily Succeed for as touching Authoritie it seemeth that the Kings of France and Spain have greater than the King of England for that everie Ordination of these Two Kings is Law in it self without further Approbation of the Common-wealth which holdeth not in England where no general Law can be made without Consent of Parlament But in the other Point of Succession the restraint is far greater in those other Two Countries than in England For in Spain the next in Blood cannot Succeed be he never so lawfully Discended but by a new Approbation of the Nobilitie Bishops and States of the Realm as it is expresly set down in the Two ancient Councils of Toledo the Fourth and Fifth Nor can the King of Spain's own Son at this day be called Prince except he be first Sworn by the said Nobilitie and Estates as we have seen it practiced in the King Philip's Children In France Women neither any of their Issue though Male are admitted to Succeed in the Crown And therefore was Edward 3d. of England though Son and Heir unto a Daughter of France which was left by her Three Brethren Sole Heir to King Phillip * the fair her Father put by the Crown As also was the King of Navar at the same time Son and Heir unto this Womans eldest Brothers Daughter named Lewis Huttin notwithstanding all their allegations And Philip de Valois a Brothers Son of Philip the fair's preferred to it by General Decree of the States of France and by Verdict of the whole Parlament of Paris And albeit the Law Salica
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
this Reign drew all England into factions and divisions the States in a Parlament at Wallingford made an agreement that Stephen should bee lawful during his life onely and that Henry and his off spring should succeed him and Prince William King Stephen's son was deprived and made onely Earl of Norfolke King John to the prejudice of his Nephew Arthur This Henry 2 left Richard Jeffrey and John Richard sirnamed Coeur de Lyon succeeded him and dying without issue * John was admitted by the States and Arthur Duke of Britaine son and heir to Jeffrey * excluded who coming afterward to get the Crown by war was taken by his Uncle John who murthered him in prison Louys Prince of France to the prejudice of King John and King John's son afterward to the prejudice again of Louys But som years after the Barons and States of England misliking the government of this King John rejected him again and chose Louys the Prince of France to bee their King and did swear fealtie to him in London depriving also the young Prince Henry John's son of 8 years old but upon the death of King John that ensued shortly after they recalled again that sentence disannulled the Oath and Allegiance made unto Louys Prince of France and admitted this Henry * to the Crown who reigned 53 years The Princes of York and Lancaster had their best Titles of the autoritie of the Common-wealth From this Henry 3. take their first begining the two branches of York and Lancaster In whose contentions the best of their titles did depend upon the autoritie of the Common-wealth For as the people were affected and the greatest part prevailed so were they confirmed or disannulled by Parlament And wee may not well affirm but that when they are in possession and confirmed therein by these Parlaments they are lawful Kings and that God concurreth with them For if wee should deny this point wee should shake the states of most Princes in the world at this day The Common-wealth may dispose of the Crown for her own good And so to conclude As propinquitie of blood is a great preheminencie towards the atteining of the Crown so doth it not ever binde the Common-wealth to yield thereunto and to shut up her eies or admit at hap-hazard or of necessitie any one that is next by succession but rather to take such an one as may perform the dutie and charge committed For that otherwise to admit him that is an enemie or unfit is but to destroy the Common-wealth and him together What are the principal points which a Common-wealth ought to respect in admitting or excluding of any Prince that pretendeth to succeed wherein is handled largely also of the diversitie of Religions and other such causes CAP. IX Seeing the Common-wealth is to know and judg of the matter no doubt but God doth allow of her judgment HEe who is to judg and give the sentence in the things is also to judg of the caus for thereof is hee called Judg So if the Common-wealth hath power to admit or put back the Prince or pretender to the Crown shee hath also autoritie to judg of the lawfulness of the causes considering specially that it is in their own affair and and in a matter that depend's wholly upon them for that no man is King or Prince by institution of Nature but only by authoritie of the Common-wealth Who can then affirm the contrary but that God doth allow for a just and sufficient cause in this behalf the only Will and Judgment of the Weal-publick it self supposing alwaies that a whole Realm will never agree by orderly way of Judgement to exclude the next Heir in Blood without a reasonable Cause in the sight and censure The Pope is to obey the Determination of the Common-wealth without further inquisition except it be in Cases of injustice and Tyranny And seeing that they only are the Judges of this Case and are properly Lords and Owners of the whole business we are to presume that what they Determine is just and lawful though at one time they should Determine one thing and the contrary at another as they did often in England being led at different times by different motions and it is enough for every particular man to subject himself and obey simply their Determination without further inquisition except he should see that Open Injustice were done therein or God manifestly offended and the Realm endangered Open Injustice if not the true Common-wealth but some Faction of wicked men should offer to Determine the matter without lawful authoritie God offended and the Realm endangered where it is evident that he that is preferred will do what lieth in him to the prejudice both of God's glory and of the Common-wealth as if a Turke or some notorious wicked man and Tyrant should be offred to Govern among Christians Whence the Reasons of Admitting or Receiving a Prince are to be taken Now to know the true Causes and principal Points which ought to be chiefly regarded as well by the Common-wealth as by every particular man in the furthering or hindering any Prince we must return to the End wherefore Government was appointed which is to defend preserve and benefit the Common-wealth because from this Consideration are to be deduced all other Considerations for discerning a good or evil Prince For that whosoever is most likely to defend c. his Realm and Subjects he is most to be allowed and desired as most conform to the end for which Government was ordained And on the contrary side he that is least like to do this deserveth least to be preferred And this is the Consideration that divers Common-wealths had in putting back oftentimes Children and impotent People though next in blood from succession Three Chief Points to be regarded in every Prince And here shall be fitly remembred what Gerard recounteth of the King of France that in his Coronation he is new apparrelled three times in one day once as a Priest and then as a Judge and last as a King armed thereby to signifie three things committed to his charge first Religion then Justice then Manhood and Chivalrie which division seemeth very good and fit and to comprehend all that a Weal-Publick hath need of for her happie State and Felicity both in soul and bodie and for her end both supernatural and natural And therefore these seem to be the three Points which most are to be regarded in every Prince Why it is here principally treated of Religion For the latter two because they have been often had in Consideration in the Changes aforesaid and Religion whereof then scarce ever any question or doubt did fall in these actions rarely or never And because in these our dayes it is the principal Difference and chiefest Difficultie of all other and that also it is of it self the first and highest and most necessarie Point to be considered in the Admission of a Prince therefore it
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
Parlament Holden at Segovia 1276. made Heir apparent of Spain and they put back in their Grand-father's time and by his and the Realms consent And this Don Sancho coming to the Crown in the year 1284. the two Princes were put in Prison but afterwards at the suit of Philip 3. of France their Uncle they were let out and endued with certain Lands and also they remain unto this day And of these do come the Dukes of Medina Celi and all the rest of the House of Cerda which are of much Nobilitie in Spain at this time and King Philip that Reigneth cometh of Don Sancho the yonger Brother Henry the Bastard and his Race to the prejudice of King Petro and his Heirs When Don Pedro the Cruel King of Castile was driven and his Bastard Brother Henry 2. set up in his place John of Gant Duke of Lancaster having Married Dona Constancia the said King Peter's Daughter and Heir pretended by succession the said Crown of Castile as indeed it appertained unto him But yet the State of Spain denied it flatly and defended it by Arms and prevailed against John of Gand as did also the Race of Henry the Bastard against his lawful Brother And though in this Third and principal Discent of the Kings of Spain when these Changes happened the matter of Succession were most assuredly and perfectly established yet no man will deny but that the Kings of Spain who hold by the latter Titles at this day be true and lawful Kings This King Henry the Bastard had a Son named John the first who succeeded him in the Crown of Spain and Married Dona Beatrix Daughter and Heir of King Ferdinando the first of Portugal But yet after the death of the said Ferdinando the States of Portugal would never agree to admit the said Juan for their King for not subjecting themselves by that means to the Castilians And took rather a Bastard Brother of the said Don Ferdinando named Don Juan a youth of twenty years old whom they Married afterward to the Lady Philippe Daughter of John of Gand by his first Wife Blancha Duchess and Heir of Lancaster in whose Right the Kings of Portugal and their Discendents do pretend unto this day a certain interest to the House of Lancaster Divers other Examples out of the States of France and England for proof that the next in Blood are somtimes put back from succession And how God hath approved the same with good success CAP. VIII Though the Crown of France never come to any Stranger yet it Changed twice in it self and had Three Rancks COncerning the State of France albeit since the entrance of their first King Pharamond they have never had any stranger come to wear their Crown yet among themselves have they changed twice their whole Lineage of Kings and have had three Discents and Races as well as the Spaniards The first of Pharamond the second of Pepin and the third of Capitus which endureth unto this present The First Ranck The First Ranck shall be let pass for that some perhaps may say that the Common-wealth and Law of Succession was not then so well setled as it hath been since and also because it were too tedious to peruse all the Three Rancks for the store that they may yield Examples of the second Ranck Carloman against the Law of Succession and the Order of his Father parted equally the Realm with his elder Brother Charles Pepin le Bref first King of the second Race left two Sons Charles and Carloman and his States and Kingdoms by Succession unto the eldest Charles the Great And albeit by that Law of Succession the whole Kingdom of France appertained unto him alone yet the Realm by his authoritie did part it equally between them two as Gerard du Haillan setteth down in these words Estant Pepin decedé les François eslurent Roy Charles Carloman ses fils à la charge qu'ils partagerrient entr'evor egalement le Roy And the very same citeth Belforest out of Egenart an ancient French Writer Charlemayne preferred to his nephews against succession After three years reign Carloman dying left many sons the elder whereof was named Adalgise but Belforest saith That the Lords Ecclesiastical and temporal of France swore fidelitie and obedience to Charles without any respect or regard at all of the children of Carloman who yet by right of succession should have been preferred And Paulus Emilius a Latine-writer saith Proceres regni ad Carolum ultrà venientes regem eum totius Galliae salutârunt whereby is shewed that exclusion of the children of Carloman was not by force or tyrannie but by free deliberation of the Realm Lewis 1. deposed Charles le Chauve his fourth son admitted to the prejudice of his elder brothers To Charles the Great succeeded Lewis le Debonnaire his only son who afterward at the pursuit principally of his own three sons by his first wife Lothaire Pepin and Lewis was deposed and put into a Monasterie But coming afterward to reign again his fourth son by his second wife named Charles le Chauve succeeded him against the right of succession due to his elder brother Lothaire Louys 2. to the prejudice of his elder brethren and his bastards to the prejudice of his lawful sons After Charles le Chauve came in Louis le Begue his third son the second beeing dead and the eldest for his evil demeanure put by his succession This Lewis left by his wife Adel trude daughter to King Alfred of England a little infant newly born and two bastard-sons of a Concubine Louys * and Carloman who for that the nobles of France said That they had need of a man to bee King and not a childe were to the prejudice of the lawful successor by the State chosen jointly for Kings and the whole Realm was divided between them And Q. Adeltrude with her childe fled into England Charles 4. to the prejudice of Louys 5. And Odo to the prejudice of Charles 4. Of these two Bastards Carloman left a son Louis le Faineant which succeded unto him But for his slothful life and vicious behaviour was deprived and made a Monk in the Abbey of St Denis where hee died And in his place was chosen for King of France Charles le * Gros Emperor of Rome who likewise afterward was for his evil government by them deposed and deprived not onely of the Kingdom but also of his Empire and was brought into such miserable penurie as divers write hee perished for want In his place was chosen Odo Earl of Paris and Duke of Angers of whom came Hugh Capet Charles the simple to the prejudice of Odo But beeing soon wearie of this man's government they deposed him as hee was absent in Gasconie and called Charles * named afterward the Simple out of England to Paris and restored him to the Kingdom of France leaving onely
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
Country to chuse either Democratia Aristocratia or Monarchia according as they shall like best for if they were determined by God or Nature they should be all one in all Nations which they are not seeing we see that every Nation almost hath her particular Form or manner of Government And the cause of these Differences Aristotle attributeth to the diversity of men's Natures Customs Educations and other such causes that make them make choice of such or such Forms of Government Diversitie of Government in divers Countries and Times And this Difference of Government is not in divers Countries only but also at divers times in one and the same Countrie For the Romans first had Kings after rejecting them for their evil Government they chose Consuls annual whose Authoritie was limited by a multitude of Senators and these mens Power by the Tribunes of the People and somtime Dictators and finally they came to be Governed by Emperors The like may be said of many Common-wealths both of Asia and Greece and at this day of Europe In Italie now divided into so many Common-wealths every one of them almost keepeth a different Form of Government Millan as also Burgundie Lorayne Bavire Gasconie and Brittanie the lesser were once distinct Kingdoms now Dukedoms Whole Germanie many yeers together a Kingdom now is divided into so many Dukedoms Earldoms and other Titles of Supreme Princes Castile Arragon Portugal Barcelona which were first Earldoms only and after Dukedoms and then Kingdoms are now all united under one Monarch Boëme and Polonia Dukedoms once now Kingdoms France first a Monarchie under Pharamond Clodion Merouye Childerick and Clodovaeus was after divided into Four Kingdoms to wit one of Paris another of Soissons the third of Orleans and the fourth of Metz and afterwards made one Monarchie again England first a Monarchie under the Britaines and then a Province under the Romans and after divided into Seven Kingdoms at once under the Saxons and now a Monarchie again under the English The People of Israël also were under divers manners of Government in divers times first under Patriarchs Abraham Isaac and Jacob then under Captains as Moses Josue c. then under Judges as Othoniel Acod Gedeon c. then under High Priests as Hely and Samuel then under Kings as Saul David c. then under Captains and High Priests again as Zorobabel Judas c. until they were brought under the power of the Romans So as there can be no doubt but that the Common-wealth hath power to chuse their own fashion of Government as also to change it upon reasonable causes and God no doubt doth approve it The Common-wealth limiteth the Governors Authoritie And as the Common-wealth hath this Authoritie to chuse and change her Government so hath she also to limit the same with Laws and Conditions Therefore the Consuls of Rome were but for one year other Officers and Magistrates for more as their Common-wealth did allot them The Dukes of Venice at this day are for their Lives those of Genoa for two years The Dukedoms of Ferrata Urbin and Parma are limited only to Heirs Male for defect therof to return to the Sea of Rome as Florence and Mantua for like defects to the Empire How a Natural Prince is to be understood When men talk of a Natural Prince and Natural Successor if it be understood of one that is born within the same Realm or Countrie and so of our own natural blood it hath some sence but if it be meant as though any Prince had his particular Government or Interest to Succeed by Institution of Nature it is ridiculous for that Nature giveth it not as hath been declared but the particular Constitution of every Common-wealth Of the Form of Monarchies and Kingdoms in particular and the different Laws whereby they are to be Obtained Holden and Governed in divers Countries CAP. II. A Monarchie the best Government ARistotle Seneca and Plutarch do hold a Kingdom to be the most perfect Common-wealth among all other and the very first His Antiquity Of all other it is the most ancient for we read that among the Syrians Medes and Persians their first Governors were Kings And when the Children of Israël did ask a King at the hands of Samuel 1000. years before the coming of Christ they alleged for one Reason That all Nations round about them had Kings for their Governors and at the very same time the chiefest Cities and Common-wealths of Greece as the Lacedemonians Athenians Corinthians and others were governed by Kings The Romans also began with Kings It resembleth the Government of God and Nature This kind of Government as do gather S. Hierom and S. Chrysostom resembleth most of all the Government of God that is but one representeth the excellencie of one Son of one Soul in the Bodie it is also most conformable unto Nature by example of the Bees which do chuse unto themselves a King and do live under a Monarchie St. Peter's Authoritie Subjecti estote omni humanae Creaturae propter Deum sive Regi quasi precellenti sive Ducibus ab eo missis c. saith S. Peter where he seemeth to signifie that a King's Government is the best among all others seeing at this time when he wrote this Epistle the chief Governor of the world was not called King but Emperor though indeed between the title of King and Emperor there is little or no difference in substance but only in name Utilities of a Kingdom This Government not only in it self but also by his Effects and Utilitie is the most excellent For in the Monarchie of one King there is more Unitie Agreement and Conformity and thereby also Celerity commonly in dispatching of business and in defending the Common-wealth than where many Heads be less Passions also in one man than in many Inconvenieneies of other Governments as of DEMOCRATIA In Democratia especially where Cunning men are admitted such as were the Orators in Athens and the Tribunes in Rome who could move the Waves raise up the Winds and kindle the Fire of the vulgar peoples Affections Passions and Furies at their pleasure there is nothing but Sedition Trouble Tumults Outrages and Injustice committed upon every little occasion By which we see that of all Common-wealths these of Popular Government have soonest come to ruine as do witness not only the old examples of Greece Asia and Africa but also many Cities in Italie who upon the Fall of the Roman Empire took up unto themselves Popular Governments wherein they could never rest until they came under the Monarchie of one Prince or other as at this day they do remain Of ARISTOCRATIA For Aristocratia as it doth participate of Monarchia and Democratia or rather tempereth them both so hath it both good and evil in it but yet inclineth more to the evil for the dis-union that commonly by mans infirmitie and malice is among those
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
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
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