in Magistrats and for that the former is of nature the other also is of nature Al which is confitmed also by the consent vse of al nations through-out the world which general consent Cicero calleth ipsius vocem naturae the voice of nature herselfe for ther was neuer yet nation found ether of ancient tyme or now in our dayes by the discouery of the Indies or els where among vvhom men liuing together had not some kind of Magestrate or superior to gouerne them which euidently declareth that this poynt of Magestrates is also of nature and from god that created nature which poynt our ciuil law doth proue in like manner in the very begining of our digestes vvher the secōd title of the first booke is de origineiuris ciuilis omnium magestratuum of the begining of the ciuil law and of al magestrates which begining is referred to this first principle of natural instinct and Gods institution And last of al that God did concurr also expresly vvith this instinct of nature our diuines do proue by cleare testimony of holy scripture as vvhen God saith to Salomon by me kings do raigne and S. Paule to the Romans auoucheth that autbority is not but of God and therfore he which resisteth authority resisteth God Which is to be vnderstood of authority power or iutisdiction in it selfe according to the first institution as also vvhen it is lawfully laid vppō any person for otherwise when it is ether vvrongfully taken or vniustly vsed it may be resisted in diuers cases as afterwards more in particuler shal be declared for then it is not law ful authority Thes two poynts then are of nature to wit the common wealth and gouerment of the same by magistrates but vvhat kind of gouermēt ech common vvealth vvil haue whether Democratia vvhich is popular gouerment by the people it selfe as Athens Thebes and many other cyties of Greece had in old tyme as the Cantons of Swizers at this day haue or els Aristocratia vvhich is the gouerment of some certayne chosen number of the best as the Romans many yeares vvere gouerned by Consuls and senators and at this day the states of this countrey of Holland do imitate the same or els Monarchia vvhich is the regiment of one and this agayne eyther of an Emperor King Duke Earle or the like thes particuler formes of gouerment I say are not determyned by God or nature as the other two poyntes before for thē they should be al one in al nations as the other are seing God and nature are one to al as often hath bin said but thes particuler formes are left vnto euery nation and countrey to chuse that forme of gouerment which they shal like best and think most fit for the natures and conditions of their people vvhich Aristotle proueth through out al the second and fourth bookes of his politiques very largly laying dovvne diuers kinds of gouerments in his dayes as namely in Greece that of the Milesians Lacedemonians Candians and others and shevving the causes of their differences which he attributeth to the diuersity of mens natures customes educations and other such causes that made them make choise of such or such forme of gouerment And this might be proued also by infinit other examples both of tymes past and present and in al nations and countryes both christian and otherwise which haue not had only differēt fassions of gouermēts the one frō the other but euen among themselues at one tyme one forme of gouerment and an other at other tymes for the Romans first had Kings and after reiecting them for their euil gouerment they chose 〈◊〉 vvhich vvere two gouernours for euervycare vvhose authority yet they limited by a multitude of senators which vvere of their counsel and thes mens power vvas restrayned also by adding tribunes of the people and some tyme dictators and finally they came to be gouerned last of al by Emperors The like might be said of Carthage in Africa and many cityes and common wealthes of Greece which in diuers seasons and vppon diuers causes haue taken different formes of gouerment to themselues The like vve see in Europe at this day for in only Italye what different formes of gouerment haue you Naples hath a kinge for their soueraine Rome the pope and vnder him one senator in place of so many as vvere wont to be in that common vvealth Venice and Genua haue senators Dukes but litle authority haue ther Dukes Florence Farara Mantua Parma Vrbin and Sauoy haue their Dukes only without senators and there power is absolut Milan vvas once a kingdom but now a Dukedom the like is of Burgundy Lorayne Bauire Gascony and Britayne the lesser al which once had their distinct kings and now haue Dukes for their supreme gouernours The like may be said of al Germany that many yeares together had one king ouer al which now is deuided into so many Dukedomes Earldomes other like titles of supreme Princes But the contrary is of Castile Aragon Portugal Barcelona and orher kingdomes this day in Spayne which vvere first earldomes only and after Dukedomes and then kingdomes and now a gayne are al vnder one Monarchy The like is of Boeme and Polonia which vvere but Dukedomes in old tyme and now are kingdomes The like may be said of France also after the expulsion of the Romans vvhich was first a monarchy vnder Pharamond their first king and so continued for many yeares vnder Clodion Merouys Childrik and Clodouaeus ther first christened kings but after they deuided it into fower kingdomes to vvit one of Paris an other of Suessons the third of Orleans and the fourth of Metts and so it continued for diuers yeares but yet aftervvards they made it one monarchy agayne England also vvas first a monarchy vnder the Britaynes and then a prouince vnder the Romans and after that deuided into seauen kingdomes at once vnder the Saxons and novv a monarchy agayne vnder the Inglish and al this by Gods permission and approbation vvho in token therof suffred his owne peculier people also of Israel to be vnder diuers manners of gouerments in diuers tymes as first vnder Patriarques Abraham Isaac and Iacob then vnder Captaynes as Moses Iosua and the like then vnder iudges as Othoniel Aiod and Gedion then vnder high Priestes as Hely and Samuel then vnder kings as Saul Dauid and the rest then vnder captaines highe priests agayne as Zorobabelludas Machabeus his brethren vntil the gouerment vvas lastely taken from them and they brought vnder the povver of the Romans and forraine kinges appoynted by them So as of al this ther can be no doubt but that the common vvealth hath power to chuse their owne fassion of gouerment as also to change the same vppon resonable causes as we see they haue done in al tymes and countryes and God no
doubt approueth vvhat the realme determineth in this poynt for otherwise nothing could be certaine for that of thes changes doth depend al that hath succeeded sythens In like manner is it euident that as the common wealth hath this authority to chuse and change her gouerment so hath she also to limite the same vvith vvhat lavves and conditions she pleaseth wherof ensueth the great diuersity of authority and power vvhich ech one of the former gouerments hath as for example the Consuls of Rome vvere but for one yeare other officers and Magestrates vvere for more or lesse tyme as their commō wealth did alott them The Dukes of Venice at this day are for their liues except in certayne cases wherin they may be deposed thos of Genua only for two years and their power as I haue said is very smal and much limited and their heyres haue no clayme or pretence at al after them to that dignity as the children and next of kinne of other Dukes of Italy haue though in different sort also for that the Dukedomes of Ferara Vrbin and Parma are limited only to heyres male and for defect therof to returne to the pope or Sea of Rome Florence and Mantua for like defects are to returne to the empire and do not passe to the heyrs femal or to the next of kynne as Sauoy and some others do Aud now if we respect God and nature as wel might al thes gouerments follow one law as so different for that neyther God not nature prescribeth any of thes particuler formes but concurreth with any that the cōmon wealth it selfe appoynteth and so it is to be beleued that God and nature concurred as vvel with Italy when it had but one Prince as now when it hath so many and the like with Germany and the like also with Swizerlād which once was one common vvealth only vnder the dukes and Marqueses of Austria and now are deuided into thirtene Cantons or common wealthes vnder populer Magestrates of their owne as hath bin said so as when men talke of a natural Prince or natural successor as many tymes I haue hard the vvord vsed if it be vnderstood of one that is borne within the same Realme or countrey and so of our owne natural blood it hath some sense though he may be both good or badd and none hath bin worse or more cruel many tymes then home borne Princes but if it be ment as though any Prince had his particuler gouerment or interest to succeed by institutiō of nature it is rediculous for that nature giueth it not as hath bin declared but the particuler constitution of euery cōmon wealth with-in it selfe and so much for this first poynt which must be the ground to al the rest that I haue to say OF THE FORME OF MONARCHIES AND KINGDOMES IN PARTICVLER AND THE DIF ferent lawes wherby they are to be obteyned holden and gouerned in dyuers countries accordinge as eche common wealth hath chosen established CAP. II. AL that hitherto hath bin spoken hath appertayned to al princely and supreme gouerment in general but now for that our matter in question is concerning the succession to a kingdome good reason that we should reduce our speech vnto this forme of gouerment in particuler First of al then is to be considered that of al other formes of gouerment the monarchy of a king in it selfe appeareth to be the most excellent and perfect and so do hold not only Aristotle in his fornamed bookes of pollitiques namely in his third with this only condicion that he gouerne by lawes but Seneca also and Plutarch in his morales namely in that special treatise wher-in he discusseth an seni sit Respub tractanda whether an old man ought to take vppon him the gouerment of a common wealth or no wher he saith that regnum inter omnes respub consumatissima prima est a kingdome is the most perfect common wealth among al other the very first that is to say the most perfect for that it hath most commodities and least inconueniences in it selft of any other gouerment and it is the fitst of al other for that al people commonly made their choise at the begining of this kind of gouerment so as of al other it is most ancient for so we read that among the Sytians Medes and Persians their first gouernours were kings and when the children of Israel did aske a kynge at the hands of Samuel which vvas a thousand yeares before the comming of Christ they alleaged for one reason that al nations round about them had kings for their gouernours and at the very same tyme the chiefest cyties and common vvealths of Greece as the lacedemonians Athenians Corinthians and others wherof diuers afterwards tooke other gouerments vnto themselues for the abuses in kingly gouermet committed at that tyme vvere gouerned by kings as at large proueth Dyonisius Halicarnasseus Cornelius Tacitus Cicero others The Romans also began vvith kings as before I haue noted and the reason of this is for that as our Christian doctors do gather especially S. Hierome and S. Chrisostome this kind of gouerment resembleth most of al the gouerment of God that is but one it representeth the excellency of one sonne that lightneth al the plannets of one soule in the body that gouerneth al the powers and members therof and finally they shew it also to be most conforme vnto nature by example of the bees which do choose vnto themselues a kinge and do liue vnder a monarchy as the most excellentest of al other gouerments to which purpose also I haue hard alleaged somtymes by diuers those wordes of S. Peter Subiecti estote omni humanae creaturae propter Deum siue regi quasi precellenti siue ducibus ab eo missis c. Be you subiect of euery humane creature for Gods cause whether it be to a king as the most excellent or to Dukes sent by God for the punishment of euil men and praise of the good Out of which wordes some do note two points first that as one the one side the Apostle doth plainely teach that the magistrates authority is from God by his first institutiō in that he sayeth vve must be subiect to them for Gods cause so on the other side he calleth it a humane creature or a thing created by man for that by mans free choise this particuler forme of gouerment as al other also is appoynted in euery common wealth as before hath bin declared and that by mans election and consent the same is layd vppon some particuler man or vvoman according to the lawes of euery countrey al which maketh it rightly to be called both a humane creature and yet from God The second poynt which diuers do note out of thes wordes is that S. Peter calleth a king most excellent which thoughe it may be vnderstood in rcspect of the Dukes authority wherof
immediatly ther followeth mentiō yet may it seeme also to be taken and verified of kingly authority in respect of al other gouerments seing that at this tyme when the Apostle wrote this epistle the chiefe gouernour of the world vvas not called king but emperour and therfore seing in such a tyme S. Peter affirmeth the state of kingly gouerment to be most excellent it may seme he meant it absolutly signifying therby that this is the best kind of gouerment among al others though to confesse the truth betwene the title of king and Emperor ther is litle or no difference in substance but only in name for that the authority is equal euery king is an Emperor in his owne kingdome And finally the excellency of this gouerment aboue al other is not only proued by the perfection therof in it selfe as for that it is most ancient simple and conforme vnto nature most resembling the gouerment of God himselfe as hath bin said but by the effects also and vtility that it bringeth vnto the subiects with farr lesse inconueniences then any other forme of gouerment what-soeuer if vve compare them together for in the monarchy of one king ther is more vnity agreement and conformity and therby also celerity commonly in dispaching of busines and in defending the cōmon vvealth then vvher many heades be lesse passions also in one man then in many as for example in Democratia vvher the common people do beare the cheife sway which is bellua multorum capitum as Cicero wisely said that is a beast of many heades ther is nothing but sedition trouble tumults outrages and iniustices committed vppon euery litle occasion especially vvher crafty and conning men may be admitted to incense or assuage them with sugred vvords such as were the Orators in Athens and other cyties of Greece that had this gouermēr and the Tribunes of the people of Rome and other such populer and plausible men vvho could moue the vvaues rayse vp the windes and inkindle the fier of the vulgar peoples affections passions or furies at their pleasure by which vve see that of al other common vvealthes these of populer gouerment haue soonest come to ruine vvhich might be shevved not only by old examples of Greec Asia and Africa but also of many cyties in Italy as Florence Bolonia Siena Pisa Arezzo Spoleto Perugia Padua and others vvhich vppon the fall or diminution of the Roman Empire vnder which they vvere before tooke vnto themselues populer gouerments vvherin they vvere so tossed vvith continual sedition mutines and bāding of factions as they could neuer haue ende therof vntil after infinite murthers massacres and inundatiō of blood they came in the ende to be vnder the monarchy of some one Prince or other as at this day they remayne so that of al other gouerments this is the vvorst The second forme which is called Oligarchia or Aristocratia for that a few and those presumed to be the best are ioyned together in authority as it doth participate some thinge of both the other gouermēts to wit of monarchia and Democratia or rather tempereth them both so hath it both good and euil in it but yet inclineth more to the euil for the disunion that commonly by mans infirmity malice is among thos heades for vvhich cause the states before named of Venice and Genua vvhich were wont to haue simply this gouerment of Aristocratia in that their regiment was by certaine chose senators were inforced in the end to chuse Dukes also as heades of their senates for auoyding of dissention and so they haue them at this day though their authority be but smale as hath bin said We see also by the examples of Carthage Rome wher gouerment of Aristocratia tooke place that the diuision and factions among the senators of Carthage was the cause why ayde and succor was not sent to Hanibal their Captaine in Italy after his so great and important victory at Cannas which was the very cause of the sauing of the Roman Empire and the losse of their owne As also afterwardes the emulations discord and disunion of the Roman senators among themselues in the affaires and contentions of Marius and Silla and of Pompey and Cesar was the occasion of al their destruction of their common vvealth with them Euident then it is that of al other gouerments the monarchy is the best least subiect to the inconueuiences that other gouerments haue and if the prince that gouerneth alone hath supreme authority to himselfe as he resembleth God in this poynte of sole gouermēt so could he resemble him also in wise discret and iust gouerment and in ruling without passion no doubt but that nothing more excellent in the world could be desired for the prefect filicity of his subiects but for that a king or Prince is a man as others be and therby not only subiect to errors in iudgment but also to passionat affections in his wil for this cause it was necessary that the common vvealth as it gaue him this great power ouer them so it should assigne him also the best helpes that might be for directing and rectifying both his wil and iudgment and make him therin as like in gouerment to God whom he representeth as mans fraylty can reach vnto For this consideration they assigned to him first ofal the assistance and direction of law wherby to gouerne which law Aristotle saith Est mens quaedam nullo perturbata affectu it is a certayne mynde disquieted with no disordinate affection as mens myndes commonly be for that when a law is made for the most part it is made vppon dew consideration and deliberation and without perturbation of euil affections as anger enuy hatred rashnes or the like passions and it is referred to some good end and commodity of the common vvealth which law being once made remayneth so stil without alteration or partial affectiō being indifferent to al and partial to none but telleth one tale to euery man in this it resembleth the perfection as it were of God himselfe for the which cause the said philosopher in the same place addeth a notable wise sayng to wit that he which ioyneth a law to gouerne with the Prince ioyneth God to the Prince but he that ioyneth to the Prince his affection to gouerne ioyneth a beast for that mens affections and concupiscenses are common also to beastes so that a Prince ruling by law is more then a man or a man deifyed and a Prince ruling by affections is lesse then a man or a man brutified In an other place also the same philpsopher sayeth that a Prince that leaueth law and ruleth himselfe others by his owne appetite and affections of al creatures is the worst and of al beasts is the most furious and dangerous for that nothing is so outragious as iniustice armed and no armor is so strong as witt and authority
at his pleasure without law as Titus 〈◊〉 〈◊〉 for which cause the senators at length 〈◊〉 him and cut him in smal peces And aftervards they were greatly greeued at the entring of Seruius Tullius their sixt king for that he gaue the crowne by fraude and not by election of the senate and special approbation of the people as he should haue done but most of al they were exasperated by the proceeding of their seuenth kinge named Lucius Tarquinas surnamed the proud who for that as Liuius faith he neglected the lawes of gouerment prescribed no him by the common wealth as namely in that he consulted not with the senate in matters of great importance for that he made war peace of his owne head for that he appoynted to himselfe a gard as though he had mistrusted the people and for that he did vse ininstice to diuers particuler men and suffred his children to be insolent he was expelled with al his posterity and the gouerment of Rome changed from a kingdome vnto the regiment of consuls after two hundreth yeares that the other had endured And thus much for those kingdomes of Italy and Greece And if likewise we wil looke vppon other kingdomes of Europe we shal see the very same to wit that euery kingdome countrey hath his particuler lawes prescribed to their kings by the common vvealth both for their gouerment authority and succession in the same for if we behold the Romā Empire it selfe as it is at this day annexed to the Germaine electors though it be the first in dignity among christian Princes yet shal we see it so restrayned by particuler lawes as the Emperor can do much lesse in his state then other kings in theirs for he can nether make vvarr nor exact any contribution of men or money therunto but by the free leaue and consent of al the states of the Germayne diet or parlament and for his children or next in kynn they haue no action interest or pretence at al to succed in their fathers dignity but only by free electiō if they shal be thought vvorthy Nay one of the chiefest poynts that the Emperor must sweare at his entrance as Sleydan writeth is this that he shal neuer go about to make the dignity of the Emperor peculiar or hereditary to his family but leaue it vnto the seuen electors free in their power to chuse his successor according to the law made by the pope Gregory the fyfth and the Emperor Charles the fourth in this behalfe The kingdomes of Polonia Boemia do go much after the same fashion both for there restrainte of power and succession to their kings For first touching their authority they haue great limitation nether can they do any thing of great moment without the consent of certayne principal men called Palatines or Castellans nether may their children or next of blood succede except they be chosen as in the Empire In Spayne France and Ingland the priuileges of kings are far more eminent in both thes points for that both their authority is much more absolute and their next in blood do ordinarily succede but yet in different manner for as touching authority it semeth that the kings of Spayne and France haue greater then the king of England for that euery ordination of thes two kings is law in it selfe without further approbatiō of the common wealth which holdeth not in England where no general law can be made without consent of parlament but in the other pointe of succession it appeareth that the restraint is far greater in thos other two countries then in Ingland for that in Spayne the next in blood cannot succede be he neuer so lawfully descended but by a new approbation of the nobility and bishops and states of the Realme as it is expresly set downe in the two ancient councelles of Tolledo the fourth and fifth In confirmation wherof we see at this day that the king of Spaynes owne sonne cannot succede not be called Prince except he be first sworne by the said nobility and states in token of their new consent and so we haue seene it practized in our dayes towards three or fower of King Philips children which haue succeded the one after the other in the title of Princes of Spaine and at euery chainge a new oth required at the subiects handes for their admission to the said dignity which is not vsed in the kings children of France or Ingland In France the world knoweth how women are not admitted to succed in the crowne be they neuer so neare in blood nether any of their issue though it be male For which cause I doubt not but you remēber how king Edward the third of Ingland though he were sonne heyre vnto a daughter of France whose three brethren were kings and left hir sole heyre to hir father king Phillip the fourth surnamed the fayre yet vvas he put by the crowne as also was the king of Nauar at the same tyme who was sonne and heyre vnto this womans eldest brothers daughter named Lewis Huttin king of Ftance which king of Nauar therby seemed also to be before king Edward of Ingland but yet were they both put by it and Philip de Vallois a brothers sonne of Phillip the faire was preferred to it by general decree of the states of France and by vardit of the whole parlament of Paris gathered about the same affayre Nether did it auayle that the two kings a fore said alleaged that it was agaynst reason conscience and custome of al nations to exclud vvomen from the succession of the crowne which appartayned vnto them by propinquity of blood seing both nature God hath made them capable of such succession euery where as it appereth by example of al other nations and in the old testament among the people of god it selfe wher we see women haue bin admitted vnto kingdomes by succession but al this I say preuayled not vvith the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara infanta of Spayne vnto the said crowne of France though by dissent of blood ther be no question of her next propinquity for that she is the eldest child of the last kings eldest sister The like exclusion is made agaynst the Prince of Lorayne that now liueth though he be a man and nephew to the last king for that his title is by a woman to wit his mother that vvas yonger sister vnto the last king Henry of France And albeit the law called Salica by the Frenchmen by vertue vvherof they pretend to exclude the succession of vvomen be no very ancient law as the French themselues do confesse and much lesse made by Pharamond ther first king or in thos ancient tymes as others without ground do affirme yet do vve se that it is sufficient to bynd al Princes and subiects of
that they were lifted vp and caried a-bout vppon a target by the chiefe subiects ther present as the spaniards were But as touching the principal point of that action which is the substance of admitting the king vnto his royal authority and oth by him made of gouerning wel and iustly and of the reciprocal oth of obediēce made to him againe by his subiects it was not much different from that which now is as shal appeare by the coronation of the foresaid Phillip the first who was crowned in the life and presence of his father king Henry after the fashion then vsed in the yeare of Christ 1059. and it was in manner following as Nangis and Tillet both authores of great authoritie among the French do recount it and Francis Belforest out of them both repeateth the same at large in thes words following King Henry the first of this name seeing himselfe very old and feeble made an assembly of al the states of France in the cytie of Paris in the yeare of Christ 1059. wher bringing in his yong sonne and heire Philip that vvas but 9. yeares of age before them al he said as followeth Hither to my dere frends and subiects I haue bin the head of your nobility men at atmes but now by myne age and disposition of body I do wel perceaue that ear it be long I must be seperated from you and therfore I do desire you that if euer you haue loued me you shew it now in giuing your consent and approbation that this my sonne may be admitted for your king and apparaled with the royal ornaments of this crowne of France and that you wil sweare fealtie vnto him and do him homage Thus said the king and then hauing asked euery one of the assistance in particuler for his consent a part and afterwards the whole assembly in general whether they vvould sweare obedience to him or no and fynding al to promise vvith a good wil he passed ouer the feast of the assention vvith great ioy in Paris and after vvent to Rhemes vvith al the court and trayne to celebrate the coronation vppon the feast of vvhit-sonday Thus far are the wordes of William de Nangis alleaged in the story of France by Belforest and it is to be nored first how the king did request the nobility people to admit his sonne and secondly how he did as ke ther consents a part for that thes two pointes do euidently cōfirme that vvhich I said at the beginning that only succession is not sufficient but that coronation euer requireth a new consent which also includeth a certaine election or new approbation of the subiects This is proued also most manifestly by the very order of coronation which insueth in Belforest taken vvord for vvord out of Tillet in his treatise of Recordes in the chapter of annointing the kings of France in thes wordes In the yeare of grace 1059. and 32. of the reigne of king Henry the first of this name of France and in the 4. yeare of the seat and bishoprick of Geruays Archbishop of Rhemes and in the 23. day of May being whit-sonday king Phillip the first vvas apointed by the said Archbishop Geruays in the great church of Rhemes before the aulter of our lady vvith the order ceremony that ensueth The masse being begonne vvhen it came to the reading of the Epistle the said Lord Archbishop turning about to Phillip the Prince that vvas ther present declared vnto him vvhat vvas the Catholique fayth and asked him whether he did beleue it whether he would desend it against al persons vvhatsoeuer vvho affirming that he vvould his oth vvas brought vnto him wherunto he must sweare vvhich he tooke and read with a loud yoyce and signed it vvith his owne hand and the words of the oth vvere these Ie Philippe par le grace de Dieu prochain d'estre ordonné Roy de France promets au iour de mon sacré deuant Dieu ses sanctes c. That is in Inglish for I vvil not repeate al the oth in French seing it is some what long I Phillip by the grace of God neere to be ordeyned king of France do promisse in this day of my annointing before almightie God and al his saintes that I wil conserue vnto you that are ecclesiastical Prelats al canonical priuileges and al law and iustice dew vnto euery one of you and I vvil defend you by the helpe of God so much as shall lye in my power and as euery king ought to do and as by right and equity he is bound to defend euery Bishop and church to him cōmitted within his realme and further more I shal administer iustice vnto al people giuen me in charge and shal preserue vnto them the defence of lawes and equity appertaining vnto them so far forth as shal lye in my authority so God shal helpe me and his holy Euangelists This oth was read by the king holding his handes betwene the handes of the Archbishop of Rhemes and the bishop of Syen and Bisanson legats of the pope standing by vvith a very great number of other bishops of the realme And the said Archbishop taking the crosse of S. Remigius in his hands he shewed first vnto al the audience the ancient authoritie which the Archbishops of Rhems had euen from the tyme of S. Remigius that baptized ther first christian king Clodoueus to annoint crowne the kings of France which he said vvas confirmed vnto them by priuiledge of the pope Hormisda that liued in the yeare of Christ 516. and after also by pope Victor and this being done he then by licence first asked of king Henry the father ther present dyd chose Phillip for king Il esleut le dit Philippe son sils en pour Roy de France which is word for word the Archbishop chose the said Phillip king Henryes sonne in and for king of France which the legats of the pope presently cōfirmed and al the bishops Abbots and cleargie with the nobility people in ther order did the like crying out three tymes in thes vvordes Nous le apprououns nous le voulons soit fait nostre Roy that is vve approue his election we vvil haue him let him be made our king presently was song Te Deum laudamus in the quyar and the rest of the ceremonies of anointing and coronation were done according to the ancient order of this solemnity vsed in the tyme of king Phillips predecessors kings of France Thus far do French stories recount the old ancient manner of anointing and crowning ther kings of France which had endured as I haue said for al most 600. yeares that is to say from Clodoueus vnto this king Phillip the first vvho was crowned in France 7. yeares before our William conquerer who also was present at this coronation had the third place amōg the temporal Princes as Duke of Normandie entred
A CONFERENCE ABOVT THE NEXT SVCCESSION TO THE CROWNE OF INGLAND DIVIDED IN TO TVVO PARTES VVHERE-OF THE FIRST CONTEYNETH THE discourse of a ciuill Lavvyer hovv and in vvhat manner propinquity of blood is to be preferred And the second the speech of a Temporall Lavvyer about the particuler titles of all such as do or may pretende vvithin Ingland or vvithout to the next succession VVhere vnto is also added a new perfect arbor or genealogie of the discents of all the kinges and princes of Ingland from the conquest vnto this day whereby each mans pretence is made more plaine DIRECTED TO THE RIGHT HOnorable the earle of ESSEX of her Maiesties priuy councell of the noble order of the Garter Published by R. DOLEMAN Imprinted at N. with Licence M. D. XCIIII THE SOMME OF BOTHE PARTES MORE IN PARTICVLER THe first declareth by many proofes arguments that the next propinquitie or ancetry of blood alone though it were certaynly knowne yet that it is not sufficient to be admitted to a crowne without other cōditions and circumstances requisit be founde also in the person pretēdent THe second examineth the titles and pretentions of al such as may haue clayme or action to the crowne of Ingland at this day what may be said for them and what agaynst them and in the end though he leaue the matter extreme doubtful as touching the best right yet he giueth certayne coniectures about some persons that are lykest to preuaile TO THE RIGHT HONORABLE THE EARLE OF ESSEX OF HER MAIESTIES PRIVY COVNCEL VVo principal causes among others right honorable are wōt to inuite mē to dedicate any booke or treatise to a person in authoritie the one priuate duty obligatiō the other publiquevtility in respect that the matter may concearne that person for the cōmō good And to cōfesse the truth both of these ioyntly haue moued me at this tyme to present vnto your honour aboue others the two bookes ensuing which conteyne a conference had in Holland not long since about the pretences pretenders to the crowne of Ingland as your honour shall perceaue by the preface of each booke therfore herof I shall need say no more but only declare the fore said two causes of this dedication First then I saye that my particuler obligation towards your honours person riseth partly of good turnes and benefites receaued by some frendes of myne at your Lordships handes in your last voyage exploits in Frāce but principally of far greater fauours receaued from your noble ancestors I meane not only your father whose untimely death was to Inglād no smalle woūde but of your grādfather also that worthy Knight Sir VValter Deuorax who though he liued not to come to those titles of honor wherunto he was borne yet left he behinde him so rare a memory for his excellent partes of lerning wit feuter of body curtesie other such noble commēdations as none in Ingland perhapps the lyke in our tyme wherin also hath liued your honours great grandfather Sir Henry Deuorax visconde Ferys wel remembred yet by diuers of my said frendes obliged vnto him as also recorded by our Inglish histories as well for his merits worthines as in lyke manner for his match with the heyre of the most famous noble house of the Bourchers earles of Essex wherof also your honour is knowne to be discēded to hold at this day as wel their nobilitie of bloode as dignitie of title this shall serue in this place for my perticuler obligation wherof perhapps here-after vppon other occasion I may giue further relation and testimony to the world in token of my gratitude But for the second pointe of publique vtilitie I thought no man more fitt then your honour to dedicate these two bookes vnto which treate of the succession to the crowne of Ingland for that no mā is in more high eminent place or dignitie at this day in our realme then your selfe whether we respect your nobilitie or calling or fauour with your prince or high liking of the people consequently no man like to haue a greater part or sway in deciding of this great affaire when tyme shall come for that determination then your honour and those that will assist you are likest to follow your fame and fortune And for that it is not cōuenient for your honour to be vnskillfull in a matter which cōcerneth your person the whole realme so much as this doth and finding this conference had by two learned Lawyers to handle the question very pithely and exactly and yet with much modestye and without offence of any and with particuler affection and deuotion to her Maiestie with special care of her safetye I thought not expedient to let it lye vnpublished as also I iudged that no hāds were fitter to receaue the same nor any protectiō more secure or plausible then that of your honour whom God long preserue in all true honour and felicity to the comfort of your Lordships faithfull seruants clyents to the publique benefite of your country from my chamber in Amsterdame this last of December 1593. Your honours most affectionate R. DOLEMAN THE CONTENTS OF THE FIRST PARTE THE preface conteyning the occasion of this treatise vvith the subiect purpose partes therof That succession to gouerment by neernes of bloode is not by Lavv of nature or diuine but only by humane positiue Lawes of euery particuler common wealth and consequently may vppon iust causes be altered by the same Cap. 1. fol. 1. Of the particuler forme of Monarchies kingdomes and the different Lawes wherby they are to be obteyned holden and gouerned in diuers countryes according as ech common wealth hath chosen and established Cap. 2. fol. 15. Of the great reuerence and respect dew to kings and yet how diuers of them haue bine lawfully chastised by their commō wealthes for their misgouerment of the good and prosperous suecesse that god commonly hath giuen to the same and much more to the putting back of an vnworthie pretender Cap. 3. fol. 37. VVherin consisteth principally the lawfulnes of proceeding agaynst Princes which in the former chapter is mentioned what interest Princes haue in their subiects goodes or liues how othes do by nde or may be broken by subiects towardes their Princes and finally the difference betweene a good king a Tyrant Cap. 4. fol. 63. Of the Coronation of Princes and manner of their admitting to their authority and the othes which they do make in the same vnto the common wealth for their good gouerment Cap. 5. fol. 82. VVhat is dew to only succession by birth and what interest or right an heyre apparent hath to the crowne before he is crowned or admitted by the commō wealth and how iustly he may be put back if he haue not the partes requisite Cap. 6. fol. 121. How the next in succession by propinquity of bloode haue oftentymes bin put back by the cōmon
thos eyther Kinges Dukes Earles or the like or that they should haue this or that authority more or lesse for longer or shorter tyme or be taken by succession or election themselues and their children or next in blood al thes things I say are not by law ether natural or diuine for then as hath bine said they should be al one in al countryes and nations seing God and nature is one to al but they are ordayned by particuler positiue lawes of euery countrey as afterwards more largely shal be proued But now that sociability in mankind or inclination to liue in company is by nature and consequently ordeyned by God for the common benefit of al is an easy thing to proue seing that al ground of realmes and common wealthes dependeth of this poynt as of ther first principle for that a common wealth is nothing els but the good gouerment of a multitude gathered together to liue in one therfore al olde philosophers law makers and wise men that haue treated of gouerment or common wealthes as Plato in his ten most excellent bookes which he wrot of this matter intituling them of the commou wealth and Marcus Cicero that famous councelor in other six bookes that he writ of the same matter vnder the same title And Aristotle that perhaps excelleth them both in eight bookes which he called his pollitiques al thes I saye do make their entrance to treat of ther common wealth affayres from this first principle to wit that man by nature is sociable and inclined to liue in company wherof do proceede first al priuate houses then villages then townes then cityes then kingdomes common wealthes This ground principle then do they proue by diuers euident reasons as first for that in al nations neuer so wild or barborous we fee by experience that by one way or other they endeuour to liue together ether in cityes townes villages caues woodes tents or other like manner according to the custome of ech countrey which vniuersal instinct could neuer be in al but by impression of nature it selfe Secondly they proue the same by that the vse of speech is giuen to man for this end and purpose for that litle auaylable were this priuiledge of speaking if men should liue alone conuerse with none Thirdly not only Aristotle but Theophrastus also Plutarch and others do confirme the same by the poore estate condition wherin man is borne more infirme then any other creature though by creation he be lord gouernor of al the rest for where as ech other creature is borne in a certayne sort armed and defended in it selfe as the bul with his hornes the bore with his tuske the bear wolfe with their teath the birde with hir fethers agaynst cold with her wynges to flye away the hart hare with their swiftnes and the like only man is borne feble and naked not able to prouide or defende himselfe in many yeares but only by the healp of others which is à token that he is borne to liue in company and to be holpen by others this not only for his necessity and help at his begining whiles he is in this imbecility but also for his more comodious liuing in the rest of his dayes afterwards seing no man of himselfe is sufficient for himselfe he that liueth alone can haue no benefite of others or do any to others wherfore wittely said Aristotle in the second chapter of his first booke of politiques that he which flieth to liue in society is ether Deus aut Bellua a God or a beft for that ether he doth it because he hath no neede of any which is proper to God or els for that he wil do good to none and feeleth not that natural instinct which man hath to liue in conuersation which is a signe rather of a beast then of a man Cicero doth add an other reason for this purpose to wit the vse of certaine principal vertues giuen vnto man but principally iustice frenship which should be vtterly in vaine and to no vtilitye if man should not liue in company of others for seing the office of iustice is to distribut to euery one his owne wher no number is ther no distribution can be vsed as also neyther any act of frenship which yet in the society of mā is so necessary vsual sayeth this excellent man vt nec aqua nec igne nec ipso sole pluribus in locis vtamur quam amicitia that we vse nether water nor fyer nor the sonne it felfe in more places or occasions then frenship And to this effect of vsing frenship loue and charity the one towards the other do christian doctors also and especially S. Augustine in his booke of frenship reduce the institution of this natural instinct of liuing in cōpany which seemeth also to be confirmed by God hym sell in those wordes of Gcnesis Dixit quoque Dominus Dcus non est bonum hominem esse solum facia mus ei adiutorium simile sibi God said it is 〈◊〉 good that man should be alone let vs 〈◊〉 vnto him a help or assistante like vnto him selfe of which wordes is deduced that as 〈◊〉 first society of our first parēts vvas of God 〈◊〉 so great purpose as heere is set downe the 〈◊〉 to be holpen by the other so al other societye in like maner which grow of this first stand vppon the same ground of Gods ordination for the selfe same end of mans vtility And I haue bin the longer in speaking of this natural instinct to society for that it is the first fountaine of al the rest that enseweth in a common wealth as hath bine said for of this come familyes villages townes castles cyties and common wealthes al which Aristotle in his bookes before named doth proue to be of nature for that this first inclinatiō to liue together wherof al thos other things do spring is of nature as hath bin declared Out of this is the second poynt before mentioned deduced to wit that gouerment also superiority iurisdiction of magistrats is likewise of nature for that it followeth of the former and seinge that it is impossible for men to liue together with help and commodity of the one to the other except ther be some magestrat or other to kepe order amōg them without which order ther is nothing els to be hoped for as Iob sayeth but horror and cōfusion as for example wher-soeuer a multitude is gathered together if ther be not some to represse the insolent to assist the impotent reward the vertuous chasten the outragious and minister some kind of iustice and equality vnto the inhabitants ther liuing together would be farr more hurtful thē ther liuing a sunder for that one would consume and deuour the other and so we see that vppon liuing together followeth of necessity some kind of iurisdiction
wherof the first he hath in that he is a man and the other in that he is a Prince For this cause then al common wealthes haue prescribed lawes vnto their Princes to gouerne therby as by a most excellent certayne immutable rule to which sense Cicero said leges sunt inuentae vt omnibus semper vna 〈◊〉 voce loquerentur lawes were inuented to the ende they should speake in one and the 〈◊〉 same sense to al men For which very reason in lyke maner thes lawes haue bin called by Philosophers a rule or square inflexible and by Aristotle in particular a mynde without passion as hath bin said but the Prophet Dauid who was also a Prince king semeth to cal it by the name of Discipline for that as discipline doth keepe al the partes of a man or of a particuler house in order so law vvel ministred keepeth al the partes of a common vvealth in good order and to sheow how seuerely God exacteth this at al Princes handes he sayth these wordes And now learne ye kinges and be instructed you that iudge the world serue God in feare and reioyse in him with trembling embrace ye discipline least he enter into wrath and so ye perish from the way of righteousnes Which wordes being vttered by a prophet and king do conteyne diuers poynts of much cōsideration for this purpose as first that kings and Prince are bound to learne law and discipline and secondly to obserue the same vvith great humility and feare of Gods wrath and thirdly that if they do not they shal perish frō the way of righteousnes as though the greatest plage of al to a Prince weare to lose the way of righteousnes law and reason in his gouerment and to giue himselfe ouer to passion and his owne vvil whereby they are suer to come to shipwrack and thus much of the first helpe The second help that common wealthes haue giuen to their kings and Princes especially in later ages hath bin cerrayne councelles and councellors with whom to consult in matters of most importance as we see the parlaments of Ingland and France the courtes in Spayne and diets in Germany vvithout which no matter of great moment can be concluded and besides this commonly euery king hath his priuy councel whom he is bound to heare and this vvas done to temper somwhat the absolute for me of a Monarchy whose danger is by reason of his sole authority to fal into tiranny as Aristotle vvisely noteth in his fourth booke of politiques shewing the incōuenience or dangers of this gouerment vvhich is the cause that vve haue few or no simple monarchies now in the world especially among Christians but al are mixt lightely with diuers pointes of the other two formes of gouerment also and namely in Ingland al three do enter more or lesse for in that ther is one king or Queene it is a monarchy in that it hath certayne councelles which must be hard it participateth of Aristocratia and in that the commonalty haue their voices and burgesses in parlament it taketh part also of Democratia or populer gouerment al which limitations of the Princes absolute authority as you see do come for the common wealth as hauing authority aboue their Princes for their restraint to the good of the realme as more at large shal be proued hereafter From like authority and for like considerations haue come the limitations of other kings and kingly povver in al tymes and countries from the beginning both touching themselues and their posterity and successors as breefly in this place I shal declare And first of al if we vvil consider the tvvo most renoumed and allowed states of al the world I meane of the Romans and Grecians vve shal finde that both of them began vvith kings but yet vvith far different lawes and restraints about their authorityes for in Rome the kings that succeded Romulus their first founder had as great and absolute authority as ours haue now a dayes but yet their children or next in blood succeded them not of necessity but new kings were chosen partly by the senate and partly by the people as Titus Liuius testifieth so as of three most excellent kings that ensewed immediatly after Romulus to wit Numa Pompilius Tullius Hostilsus Tarqninus Priscus none of them were of the blood royal nor of kyn the one to the other no nor yet Romans borne but chosen rather from among straingers for their vertue and valor and that by election of the senate and consent of the people In Greece and namely among the lacedemonians which vvas the most emynent kingdom among others at that tyme the succession of children after their fathers was more certayne but yet as Aristotle noteth ther authority power was so restrayned by certayne officers of the people named Ephori which commonly vvere fiue in number as they were not only checked and chastined by them if occasion serued but also depriued and some tymes put to death for which cause the said philosopher did iustly mislike this emynent iurisdiction of the Ephori ouer their kings but yet hereby we see vvhat authority the common wealth had in this case and what their meaning vvas in making lawes and restrayning their kings power to wit therby the more to binde them to do iustice which Cicero in his offices vttereth in tbes vvordes Iustitiae fruendae causae apud maiores 〈◊〉 I se Asia in Europe bene morati regesolint sunt constituti c. at cum ius aequabile ab vno viro 〈◊〉 non consequerentur inuentae sunt leges Good kings vvere appoynted in old tyme among our ancestors in Asia and Europe to the end therby to obteyne iustice but when men could not ob teyne equal iustice at one mans handes they inuented lawes The same reason yealdeth the same philosopher in another place not only of the first institution of kingdomes but also of the chainge therof agayne into other gouerments when thes vvere abused Omnes antiquae gentes regibus 〈◊〉 paruerunt c. That is al old nations did liue vnder kingdomes at the beginning which king of gouerment first they gaue vnto the most iust and wisest men which they could finde and also after for loue of them they gaue the same to their posterity ot next in kynne as now also it remayneth vvher kingly gouerment is in vse but other countries which liked not that forme of gouerment and haue shaken of haue done it not that they wil not be vnder any but for that they wil not be euer vnder one only Thus far Cicero and he speaketh this principally in deferice of his-owne cornmō wealth I meane the Roman which had cast of that kinde of gouerment as before hath bin said for the offence they had taken agaynst cessayne kings of thers and first of al agaynst 〈◊〉 himselfe their first founder for 〈◊〉
that realme to obserue the same and to alter the course of natural discent and nearnes of blood as vve haue seene and that the king of Nauarr and some other of his race by vertue of this only law do pretend at this day to be next in succession to this goodly crowne though in nearnes of blood they be farther of by many degrees from the last king Henry the third then either the foresaid Enfanta of Spayne or the Prince of Lorrayne that now is vvho are children of his owne sisters which poynt yet in Ingland vvere great disorder and would not be suffered for that our lawes are otherwise vvho made thes lawes but the common wealth it selfe By al vvhich vve see that diuers kingdomes haue diuers lawes and customes in the matter of succession and that it is not enough as often I haue said for a man to alleage bare propinquity of blood therby to preuaile for that he may be excluded or put back by diuers other circumstances and for sundry other reasons which afterward we shal discusse Yea not only in this pointe said he hath the commō wealth authority to put back the next inheritors vppon lawful considerations but also to disposesse them that haue bin lawfully put in possession if they fulfil not the lawes and condicions by which and for which their dignity vvas giuen them Which poynt as it cannot serue for vvicked mē to be troblesome vnto their gouernors for their owne interests or appetits so yet when it is done vppon iust and vrgent causes and by publique authority of the whole body the iustice therof is playne not only by the grounds and reasons before alleaged but also by thos examples of the Romans and Grecians alredy mentioned vvho lawfully deposed their kings vppon iust considerations chainged also ther monarchie and kingly gouerment into other formes of regiment And it might be proued also by examples of al other nations and this perhapps vvith a circumstance vvhich I know not vvhether euery man here haue considered the same to vvit that God hath vvonderfully concurred for the most part vvith such iuditial actes of the common vvealth agaynst their euel Princes not only in prospering the same but by giuing them also commonly some notable successor in place of the deposed therby both to iustify the fact and to remedy the faulte of him that went before To this al the company answered that they had neuer much thought nor made reflexion vppon any such circumstance and therefore that it could not be but a pointe of much nouelty to here the same discussed requesting him to say what he had obserued or read in that behalfe I am content said he but yet vvith this preface that I am far from the opinion of thos people of our dayes or of old who make so litle accompt of their duty tovvards Princes as be their title vvhat it wil yet for euery mislike of ther owne they are redy to band agaynst them whersoeuer they thinke they may make their partie good inuenting a thowsand calumniations for ther discredit without conscience or reason vvhom in deede I do thinke to haue litle conscience or none at al but rather to be those vvhom the Apostles S. Peter and S. Iude did speake of vvhen they said Nouit Dominus iniquos in diem iudicij reseruare cruciandos magis autemeos qui dominationem contemnunt audaces sibi placentes c. God knoweth how to reserue the wicked vnto the day of iudgment ther to be tormented but yet much more those vvhich do contemne domination or gouerment and are bold and liking of themselues thus much ther. Nay further I am of opinion that whatsoeuer a Princes title be if once he be setled in the crowne and admitted by the common wealth for of al other holdes I esteeme the tenure of a crowne if so it maye be termed the most irreguler and extraordinary euery man is bound to setle his conscience to obey the same in al that lawfully he may commaunde and this without examination of his title or interest for that as I haue said God disposeth of kingdomes and vvorketh his vvil in Princes affayres as he pleaseth and this by extraordinary meanes oftentymes so that if vve should examine the titles at this day of al the Princes of Christendome by the ordinary rule of priuate mens rightes successions or tenures vve should find so many knotts and dificulties as it vvere hard for any law to make the same playne but only the supreme law of gods disposition which can dispense in what he listeth This is my opinion in this behalf for true and quiet obedience and yet on the other side as far of am I from the abiect and vvicked flatery of such as affirme Princes to be subiect to no law or limitation at al either in authority gouerment life or succession but as though by nature they had bin created kings from the begining of the vvorld or as though the common vvealth had bin made for them and not they for the common vvealth or as though they had begotten or purchased or giuen life to the vvealpublique and not that the vvealpublique had exalted them or giuen them their authority honor and dignity so thes flatterers do free them from al obligation dewty reuerence or respect vnto the whole body wherof they are the heades nay expresly they say and affirme that al mens goodes bodies and liues are the Princes at their pleasures to dispose of that they are vnder no law or accompt-giuing whatsoeuer that they succed by nature and generation only and not by any authority admission or approbation of the common wealth and that consequently no merite or demerit of ther persons is to be respected nor any consideration of their natures or qualities to wit of capacity dispositiō or other personal circumstances is to be had or admitted and do they what they list no authority is ther vnder God to thasten them Al thes absurd paradoxes haue some men of our dayes vttered in flatery of Princes and namely of late one Belloy a French man as before I signified in tvvo bookes which he called appologies the one catholique and the other for the king both vvhich he semeth to vvrite in fauour of the king of Nauare and as other also cal him king of France but in my opinion he deserueth smal commendation or revvard to defend a kings title vvith such assertions and propositions as do destroy al law reason conscience and common vvealth and do bring al to such absolute tyrany as no realme euer did or could suffer among ciuil people no not vnder the dominion of the Turke himselse at this day vvher yet some proportion of equity is held betwene the Prince and the people both in gouerment and succession though nothing so much as in Christian nations Wherfore to auoyd thes two extremes I shal proue vnto you the meane before mentioned
excceding cruelty and commaunded his armes and memories to be pulled downe euery vvhere and chose for his successor one 〈◊〉 Nerua an Italian a man of excellent vertue by whom they enjoyed not only the most prosperous tyme of his gouerment but of al thos other fower before named that ensued him no lessc worthy then him selfe Not long after the succession of thes excellent good Emperors ther came to the crowne by lawful discent of blood a youth named Antoninus Heliogabolus sonne of the Emperor Antoninus Caracalla and nephew to the most famous and noble Emperor Septimius Seuerus that dyed in Ingland Which youth as he vvas greatly loued and honored a great while for so worthy a grand father so aftervvards for his owne most beaftly life and foule actions he was depriued and put to death by the souldiars of Rome at the request common desire both of the people and senate vvhen he had reigned six yeares and yet vvas but twenty yeares of age when he vvas put downe and his death depriuation was approued by publique acte of the senate who ordeyned also in his detestatiō that neuer Emperor after him shonld be called more Antoninus so it was obserued though no other name had euer bin more gratful before to the vvorld for the remembrance of the good Emperors that had bin so called This man being chastized as is said ther was preferred to the Empire in his roome a goodly yong man of his next kynred named Alexander Seuerus sonne to Mamonea which was sister to Heliogabolus his mother and being admitted by common consent both of the senate people and army he proued one of the most rarest Ptinces for his valor and vertue that euer the roman Empire hath had so as the worthines of Seuerus semed to recōpencefully the wickednes of Heliogabolus Imight name diuers other such examples among the rest that of Maxentius who being lawfully possessed of the Empire in Rome as it seemed for that he was sonne to Maximinianus the Emperor that reigned vvith Diocletian yet for his tyrannous gouerment that was intolerable it is supposed that the senate not being able to match him in open strenght sent prinily into Ingland France to inuite Constantin to come and do iustice vppon him and so he did and he being drowned in the riuer of Tiber Cōstantin sutnamed afterward the great succeded in the Empire and was the man that al men know and the first Emperor that publiquely professed him selfe a Christian and planted our faith ouer al the world this of the romane Empyre And yf vve wil come lower downe neerer home vve haue yet an other example more markable perhaps then al the rest which vvas the change of the Empire from the East to the vvest for the euel gouerment of Constantin the sixth vvho was deposed first and his eyes put out by his owne mother Irene and the Empire vsurped by her but being not able to rule it in such order as was needful for so great a monarchy though otherwise she were one of the rarest women for valor and vvisdome that euer the world had she vvas depriued therof by the sentence of Leo the third pope of Rome and by consent of al the people and senat of that citye and Charles king of France and of Germany surnamed aftrrward the great vvas crowned Emperor of the vvest and so hath that succession remayned vnto this day and many worthy men haue succeded therin infinite actes of iurisdiction haue bin excersised by this authority which were al vniust and tyrannical if this change of the Empire and deposition of Irene and her sonne for ther euel gouerment had not bin lawful It vvere to long to runne ouer al other kingdomes yet some I shal touch in such poynts as are most notorious The two famous chāges that haue bin made of the royal lyne in France the first from the race of Pharamond and Clodoueus to the lyne of pepin and the second from the race of Pepin agayne to the lyne of Hugo Capetus that endureth vnto this day vvher on are they founded but vppon the iudicial chastisment and deposition of two euel Princes the first of Childeric the third lawful king of France who after tenn yeares that he had reigned vvas deposed by Zaccharie the pope at the request of the vvhole nobility and cleargie of France or rather his depriuation vvas by them and confirmed by the pope to whom they alleaged this reason for their doing in that behalfe as Girard putteth it downe in both his French Cronicles I meane the large and the abbreuiation to vvit that their oth to Childeric was to honor serue obey maynteyne and defend him agaynst al men as long as he vvas iust religious valiant clement and vvould resist the enemies of the crowne punish the wicked and conserue the good and defend the Christian fayth And for as much as thes promises said they vvere condicional they ought not to hold or binde longer then that they were reciprocally obserued on both partes which seing they were not on the part of Childric they would not be any longer his subiects and so desired Zacharias to absolue them from their othes which he did and by this meanes Childric vvas deposed and put into a monastery wher he dyed and in his place Pepin vvas chosen and crowned king vvhos posteritie reygned for many years after hym and were such noble kings as al the world can testifie And so continued this race of Pepin in the royal throne for almost two hundreth yeares together vntil Hugo Capetus vvho was put into the same throne by the same authority of the common vvealth and Charles of Lorayne last of the race of Pepin for the euel satisfaction which the French nation had of him was put by it and kept prisoner during his life in the castle of Orelance And thus much do affirme al the French Historyes and do attribute to thes changes the prosperity and greatnes of their present kingdome and monarchy thus much for France wher many other examples might be alleaged as of king Lewis the third surnamed Faineant For that he was vnprofitable and of Charles surnamed Le gros that succeded him both of them deposed by the states of France and other the lyke of vvhom I shall haue occasion to speake afterwards to an other purpose But now if you please let vs stepp ouer the pirenie mountaines and looke into Spayne vvher ther wil not faile vs also diuers examples both before the opression of that realme by the moores as also after For that before to wit about the yeare of Christ 630. we reade of a lawful king named Flaueo Suintila put downe and depriued bothe he and his posterity in the fourth councel national of Toledo and one Sissinando confirmed in his place notvvithstanding that Suintila vvere at the beginning of his raigne a very
good king and much commended by S. Isiodorus Arch bishop of Siuil who yet in the said councel vvas the first man that subscribed to his depriuation After the entrance of the moores also when Spayne vvas reduced agayne to the order gouerment of Spanish kings vve read that about the yeare of Christ 1282. one Don Alonso the eleuenth of that name king of Castile Leon succeded his father Fernando surnamed the sainct and himselfe obteyned the surname of Sabio and Astrologo that is to say of wise and of an Astrologer for his excellent learning peculier skil in that arte as may vvel appeare by the Astronomy tables that at this day go vnder his name which are the most prefect and exact that euer vvere set forth by iudgment of the learned This man for his euel gouerment and espetially for tyranny vsed towards two nephews of his as the spanish Chronicler Garauay writeth vvas deposed of his kingdome by a publique acte of parlament in the towne of Valliodolid after he had reigned 30. yeares and his owne sonne Don Sancho the fourth vvas crowned in his place vvho for his valiant actes was suruamed el brauo and it turned to great commodity of the common wealth The same common vvealth of Spayne some yeares after to wit abont the yeare of Christ 1368. hauing to their king one Don Pedro surnamed the cruel for his iniurious proceding with his subiects though otherwise he were lawfully seased also of the crowne as sonne and heyre to king Don Alonso the twelfth and had reygned among them 18. yeares yet for his euel gouerment they resolued to depose him and so sent for a bastard brother of his named Henry that liued in France requesting him that he would come with some force of french men to assist them in that acte and take the crowne vppon him self which he did and by the help of the Spaniards and Frēch souldiars he draue the said Peter out of Spaine and himselfe vvas crowned And albeit Edward surnamed the black Prince of Ingland by order of his father king Edward the third restored once agayne the said Peter yet vvas it not durable for that Henry hauing the fauour of the Spaniards returned agayne and depriued Peter the second tyme and slew him in fight hand to hād which made shew of more particuler fauour of God in this behalfe to Henry and so he remayned king of Spayne as doth also his progenie inioye the same vnto this day though by nature he vvas bastard as had bin said and not withstanding that king Peter left two daughters vvhich vvere led awaye into Ingland and ther maryed to great Princes And this king Henry so put vp in his place vvas called king Henry the secōd of this name and proued a most excellent king and for his great nobility in conuersation and prouesse in chiualry vvas called by excellency El cauallero the kinghtly king and for his exceding benignity and liberality vvas surnamed also el dela mercedes which is to say the king that gaue many giftes or the liberal franck and bounteful king which was a great change from the other surnamed cruel that king Peter had before so you see that alwayes I gyue you a good king in place of the bad deposed In Portugal also before I goe out of Spayne I wil alleage you one example more which is of Don Sancho the secōd surnamed Capelo fourth king of Portugal lawful sonne and heyre vnto Don Alonso surnamed el Gardo who whas third king of Portugal This Don Sancho after he had raigned 34. yeares was deptiued for his defects in gouerment by the vniuersal consent of al Portugal this his first depriuation from al kingly rule and authority leauing him only the bare name of king vvas approued by a general councel in Lions pope Innocentius the 4. being ther present who at the petition instāce of the vvhole realme of Portugal by their Embassadors the Archbishop of Braga bishop of Comibra and diuers of the nobility sent to Lyons for that purpose did authorize the saide state of Portugal to put in supreme gouerment one Don Alonso brother to the said king Don Sancho vvho was at that tyme Earle of bullen in Picardy by right of his wife and so the Portugales did further also a lytle after they depriued their said king and did driue him out of his realme into Castilla wher he liued al the rest of his life in banishment and dyed in Toledo without euer returning and this decree of the councel and Pope at Lyons for authorizing of this fact is yet extant in our Canon law in the sixt booke of Decretals now in prynt And this king Don Alonso the third vvhich in this 〈◊〉 was put vp against his brother was peaceably prosperously king of Portugal al the dayes 〈◊〉 his lyfe he was a notable king amōg other great exployres he vvas the first that set Portugal free from al subiection dependence and homage to the kingdome of Castile vvhich vnto his tyme it had acknowledged and he left for his successor his sonne and heyre Don 〈◊〉 Fabricador to wit the great buylder for that 〈◊〉 buylded and founded aboue forty and 〈◊〉 great townes in portugal and was a most 〈◊〉 Prince and his ofspring ruleth in Portugal vnto this day Infinite other examples could I alleage if would examyne the lyues and discentes of 〈◊〉 and other kingdomes with their Princes and namely if I would speake of the Greeke Emperors depriued fortheir euel gouerment not so much by populer mutyny which often happened among them as by consent and grane deliberation of the whole state and wealpublique as Michael Calaphates for that he had troden the Crosse of Christ vnder his feete and was otherwise also a wicked man as also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authority and the like wherof I might name many but it would be to longe What should I name heere the deposition made of Princes in our dayes by other commō wealthes as in Polonia of Henry the third that was last king of France before that had bin sworne king of Polonia of which crowne of Polonia he vvas depriued by publique acte of parlament for his departing thence vvithout licence and not returning at his day by the said state appoynted and deuounced by publique lettres of peremptory commaundedmēt which are yet extant What should I name the depriuations of Henry late king of Suetia vvho being lawful successor and lawfully in possession after his father Gustauus vvas yet put downe by that common vvealth and depriued and his brother made king in his place who if you remember was in Ingland in the beginning of this Queenes reigne whose sonne reygneth at this day is king also of Polonia and this fact was not only allowed of at home
as Alexander the great conquered the most parte of Asia in the space of 9. or 10. yeares so did this Henry conquere France in lesse then the like tyme. I might recon also in this number of Princes deposed for defect in gouermēt though otherwise he vvere no euel man in lyfe this king Henry the fourths nephew I meane king Henry the sixt vvho after almost forty yeares reigne vvas deposed and imprisoned and put to death also together vvith his sonne the Prince of wales by Edward the fourth of the howse of yorke the same was confirmed by the commons and especially by the people of London and afterwards also by publique act of parliament in respect not only of the title which king Edward pretended but also and especially for that king Henry did suffer himselfe to be ouerruled by the Queene his wife and had broken the articles of agrement made by the parlament betwene him and the Duke of Yorke and solemnly sworē on both sides the 8. of Octob. in the yeare 1459. In punishment vvherof and of his other negligent and euel gouermēt though for his owne particuler life he vvas a good man as hath bin said sentence was giuen agaynst him partly by force and partly by law and king Edward the fourth vvas put in his place who was no euel king as al Inglish men vvel know but one of the renoumedst for martial actes and iustice that hath worne the Inglish crowne But after this man agayne ther fel an other accident much more notorious vvhich was that Richard Duke of Glocester this king Edwards yonger brother did put to death his two nephewes this mans children to vvit king Edward the fifth and his litle brother made him selfe king and albeit he synned greuously by taking vppon him the crowne in this wicked manner yet when his nephewes were once dead he might in reason seeme to be lawful king both in respect that he was the next male in blood after his said brother as also for that by diuers acts of parlament both before and after the death of thos infantes his title vvas authorized and made good and yet no man vvil say I thinke but that he vvas lawfully also deposed agayne afterward by the cōmō wealth which called out of France Henry Earle of Richmond to chastise him and to put him downe and fo he did and tooke from him both life and kingdome in the fielde and vvas king himselfe after him by the name of king Henry the seuenth and no man I suppose vvil say but that he vvas lawfully king also vvhich yet cannot be except the other might lawfully be deposed moreouer as I sayd at the beginning I vvould haue you consider in al thes mutations what men commonly haue succeded in the places of such as haue bin deposed as namely in Ingland in the place of thos fiue kings before named that vvere depriued to vvit Iohn Edward the second Richard the second Henry the sixt and Richard the third ther haue succeded the three Henryes to wit the third fourth and seuenth two Edwards the third and fourth al most rare valiant Princes who haue donne infinit importanr acts in their cōmon vvealthes and among other haue raysed many houses to nobility put downe others changed states both abroad and at home distributed ecclesiastical dignityes altred the course of discent in the blood royal and the like al which was iniust and is voyd at this day if the chainges and depriuations of the former Princes could not be made and consequently none of thes that do pretende the crowne of Ingland at this day can haue any title at al for that from thos men they discende vvho were put vp in place of the depriued And this may be sufficient for proofe of the two principal poynts which you required to be discussed in the beginning of this spech to wit that lawful Princes haue oftentymes by their common wealthes bin lawfully deposed for misgouerment and that God hath allowed and assisted the same with good successe vnto the weal publique and if this be so or might be so in kings lawfully set in possession then much more hath the said common wealth power authority to alter the succession of such as do but yet pretend to that dignity if ther be dew reason and causes for the same which is the head poynt that first we began to treate of saide the Ciuilian and with this ended his speech vvithout saying any more VVHER IN CONSISTETH PRINCIPALLY THE LAVFVLNES OF PROCEEDING AGAYNST Princes which in the former chapter is mētioned what interest Princes haue in their subiect 's goods or liues how othes doth binde or may be broken by subiects towards Princes and finally the difference betwene a good king and a Tirant CHAP. IIII. VVHEN the Ciuilian had ended his speech the temporal lawyer looked vppon the stāders by to see whether any would reply or no and perceauing al to hold ther peace he began to say in this māner Truly Syr I cannot deny but the examples are many that you haue alleaged and they seme to proue sufficiently that which you affirmed at the beginning to wit that the Princes by you named were depriued and put downe by their common vvealthes for ther euel gouerment And good successors commonly raysed vp in their places and that the common wealth had authority also to do it I do not greatly doubt at least wise they did it de facto and now to cal thes factes in question were to embroyle and turne vp-side-downe al the states of Christen dom as you haue wel signified but yet for that you haue added this vvord lawfully so many tymes in the course of your narration I vvould you tooke the payne to tel vs also by vvhat law they did the same seing that Belloy whom you haue named before and some other of his opinion do affirme that albeit by nature the common vvealth haue authority ouer the Prince to chuse and appoynt him at the beginning as you haue vvel proued out of Aristotle and other vvayes yet hauing once made him and giuen vp al their authority vnto him he is now no more subiect to ther cortection or restraynt but remayneth absolute of himselfe without respect to any but only to god alone vvhich they proue by the example of euery particuler man that hath authority to make his Master or Prince of his inferior but not afterwards to put him downe agayne or to depriue him of the authority vvhich he gaue him though he should not beare himselfe vvel and gratefully but discourtious rather iniuriously towards him that gaue him first this authority To which also they do alleage the speech of the prophet Samuel in the first booke of the kings vvher the people of Israel demaunded to haue a king to gouerne ouer them as other nations round about them had and to leaue the gouerment of the high Prieste vnder
whom at that day they were At which demaund both God himselfe and Samuel vvere greuiously offended and Samuel by Gods expresse order protested vnto them in this manner wel quoth be you wil haue a king harken then to this that I wil say Hoc erit ius regis qui imperaturus est vobis this shal be the rlght and power of the king that shal rule ouer you to vvit he shal take frō you your children both sonnes and daughters your fieldes vinyards your haruest also and rents your seruants handmaydes heards of catle and shal giue them to his seruants and you shal cry vnto God in that day from the face of this your king whom you haue chosen and God shal not heare you for that you haue demaunded a king to gouerne you thus far the Prophet Out of al vvhich discourse and spech of the Prophet thes men do gather that a king is nothing so restrayned in his power or limited to law as you haue affirmed but rather that his law is his own vvil as by thes vvordes of the Prophet may appeare and much lesse may the common vvealth chastice or depriue him for exceding the limites of law or doing his vvil seing that here in this place God doth foretel that Princes oftentymes shal commit excesses and iniuries and yet doth he not therfore wil them to chasten or depose them for the same but rather insinuateth that they must take it paciently fot their sinnes and cry to God for remedy and perseuer therin though he do not 〈◊〉 the first harken to them or grant their redresse hitherto the temporal lavvyer Wherunto answered the Ciuilian that he confessed that Belloy other his companions that vvrote in flattery of Princes in thes our dayes did nor only affirme thes things that the temporal lawyer had alleaged and that Princes were lawlesse and subiect to no accompt reason or correction whatsoeuer they did but also vvhich is yet more absurd and pernicious to al common vvealthes that al goods chattels possessions and whatsoeuer els commodityes temporal of the common wealth are properly the kings and that their subiects haue only the vse therof without any propriety at al so as when the king wil he may take it from them by right vvithout iniustice or iniury vvhich assertions do ouer throw wholy the very nature substance of a common vvealth it selfe For first to say that a king is subiect to no law or limitation at al but may do vvhat he wil is against al that I haue alleaged before of the very institution of a commō vvealth which vvas to liue together in iustice and order as I shewed out of Cicero speaking of the first kings Iustitiae fruendae causa bene morati Reges olim sunt constituti For enioying of Iustice were kings appointed in old tyme that vvere of good life but if they be boūd to no iustice at al but must be borne and obeyed be they neuer so wicked then is this end and butte of the common wealth of al royal authority vtterly frustrat then may vve set vp publique murderours rauishers theeues and spoylers to deuowre vs in steed of kings and gouernours to defend vs for such in deede are kings that follow no law but passion and sensualitie and do commit iniustice by their publique authority then finally vvere al thos kings before mentioned both of the Iewes gentiles and christians vnlawfully depriued and ther successors vnlawfully put vp in their places and consequently al Princcs liuing in Christianity at this day who are descended of them are intruders and no lawful Princes By the second saying also that al temporalityes are properly the Princes and that subiects haue only the vse therof without any interest of their owne no lesse absurdityes do follow then of the former assertion for that first it is against the very first principle and foundation of our ciuil law which at the first entrance and beginning maketh this diuision of goods that some are common by nature to al men as the ayer the sea and the like other are publique to al of one citty or country but yet not common to al in general as riuers portes and other such some are of the community of a citty or common wealth but yet not common to euery parttculer person of that citty as common rents theators the publique house and the like some are of none nor properly of any mans goods as churches and sacred things some are proper to particuler men as thos which euery man possesseth of his owne which diuision of Iustinian the Emperor and his most learned lavvyers is not good if the Prince be Lord proprietarie of al nay he that made this diuision being Emperor did great iniury also to himselfe in assigning that to others which by the opinion of Belloy and his fellowes vvas properly truly his owne in that he was Emperor and Lord of the vvorld Besides al this so absurd a saying is this as it ouerthroweth the whole nature of a common wealth it selfe and maketh al subiects to be but very slaues For that slaues and bondmen as Aristotle sayeth in this do differ from freemen that slaues haue only the vse of things vvithout property or interest and cannot acquire or gett to themselues any dominion or true right in any thing for that what soeuer they do gett it accreweth to their master not to theselues and for that the condition of an oxe or an asse is the very same in respect of a poore man that hath no slaue for that the oxe or asse getteth nothing to himselfe but only to his master and can be lord of nothing of that for which he laboreth for this cause wittely also sayed Aristotle that bos aut asinus pauperi agricolae pro seruo est An oxe or an asse is to a poore husbādman in steed of a bondman and so feing that Belloy wil needes haue the state and condicion of al subiects to be like vnto this in respect of their Prince and that they haue nothing in propriety but only the vse and that al dominion is properly the Princes vvhat doth the other then make al subiects not only slaues but also oxen and asses and pecora campi Last of al for I vvil not ouerlode you vvith reasons in a matter so euident if al subiects goods be properly the kings why then vvas Achab and Iezabel king and Queene of Israel so reprehended by Elias so punished by god for taking away Nabothes vineyard seing they tooke but that vvhich was ther owne nay why vvas not Naboth accused of iniquity rebellion and treason for that he did not yeald vp presently his vineyard when his Princes demaunded the same seing it vvas not his but thers why do the kings of Ingland France and Spayne aske money of their subiects in parlaments if they might take it as ther owne why
are thos contributions termed by the names of subsidies helpes beneuolences lones prests contributions and the like if al be dew and not voluntary of the subiects parte How haue parlaments oftentymes denyed to their Princes such helpes of money as they demaunded Why are their iudges appoynted to determyne matter of sutes and pleas between the Prince and his subiects if al be his and the subiect haue nothing of his owne And last of al why doth the Cannon Law which is a part also of my profession and receaued in most countries of the vvorld so straightly inhibit al Princes vppon payne of excommunication to impose new impositions taxes vppon ther people without great consideration and necessity and free consent of the giuers if al be the Princes and nothing of the subiect nay whybe al Princes generally at this daye prohibited to alienat any thing of their owne crowne without consent of ther people if they only be Lords of al and the people haue interest in nothing And hereby also vve may gather what the Prophet Samuel meant when he threatned the Iewes with the disorders of kings that should raigne ouer them not that thes disorders were lawful or appertayned to a rightious king but that seing they refused to be vnder the moderate gouermēt of their high priests other gouernors which God had giuen them hitherto and required to be ruled by kings as other heathen nations of Egypt Babilon Syria and Persia were whos manner of gouerment not only Historiographers but Philosophers also and Aristotle among the rest doth note to haue bin very tyranical yet for that the Iewes would needs haue that gouerment as a matter of more pompe and glory then that which hitherto they had had Samuel did first insinuate vnto them what extorsion and wickednes thos heathen kings did vse commonly ouer ther people in taking their childrē seruants wiues goods and the like from them and that many kings of Israel should do the like and take it for ther right and souerainty and should oppresse and tyrānise ouer them and inforce them to cry out to God for helpe and they should not find remedy for that so heddyly they had demaunded this change of gouerment which highly displeased almighty God and this is the true meaning of that place if it be vvel considered and not to authorize herby iniustice or wickednes in any king seing the principal poynts recorded to al Princes kings through out the whole course of scripture are diligere iudictum iustitiam apprehendere disciplinam facere veritatem that is to saye to loue iudgment and iustice to admit discipline to execute truth and this is the instruction that God gaue to the Iewes in Deutronomy for their kings when they should haue them which God foretould many yeares before they had any and this is the admonition that king Dauid left vnto his sonne and successor Salomon at his death and by him to al other kings and Princcs and for want of obseruing thes points of iudgment iustice discipline truth vve see not only Achab and Iezabel Before mentioned greuiously punished but many other kings also by God himselfe as Achaz Manasses Ioachim and the like which had not bin iustice on Gods part so to punish them if it had bin lawful for them to vse that manner of proceeding towards their people as thes good instructors of Princes in our dayes most fondly and wickedly do affirme and thus much for that place But to the first point which you asked by vvhat law the common wealthes that are mentioned in the former chapters did punish their euel Priuces I haue answered you before that it is by al law both diuine and humane diuine for that God doth approue that forme of gouerment which euery common vvealth doth chuse vnto it selfe as also the conditions statutes and limitations vvhich it selfe shal appoynt vnto her Princes as largely before hathe bin declared And by al humane law also for that al law both natural national and positiue doth teach vs that Princes are subiect to law order and that the common vvealth which gaue them ther authority for the commō good of al may also restrayne or take the same away agayne if they abuse it to the common cuel And vvheras thes men saye that like as if a priuate man should make his inferior or equal to be his Prince he could not after restrayne the same agayne and so nether the commō wealth hauing once deliuered away her authority I answere first that the comparison is not altogether like for that a priuat man though he giue his voice to make a Prince yet he being but one maketh not the Prince vvholy as the common vvealth doth and therfore no maruaile though it lye not in a particuler mans hād to vnmake him agayne besides this a priuat man hauing giuē his voice to make his Prince remayneth subiect and inferior to the same but the vvhole body though it be gouerned by the Prince as by the head yet is in not inferior but superior to the Prince nether so giueth the common vvealth her authority and power vp to any Prince that she depriueth her selfe vtterly of the same vvhen neede shall require to vse it for her defence for vvhich shee gaue it And finally which is the cheefest reason of al the very ground and foundation in deede of al kings authority among christians the power and anthority vvhich the Prince hath from the common wealth is in very truth not absolute but potestas vicaria or deligata as vve Ciuilians cal it that is to say a power delegate or power by commissiō from the commō wealth which is giuen vvith such restrictions cautels and conditions yea vvith such playne exceptions promises and othes of both parties I meane betwene the king and common wealth at the day of his admission or coronation as if the same be not kept but vvilfully broken on ether part then is the other not bounde to obserue his promise nether though neuer so solemly made or sworne for that in al bargaines agreements and contracts wher one parte is bound mutually and reciprocally to the other by oth vow or condition ther if one side go from his promise the other stādeth not obliged to performe his and this is so notorious by al law both of nature and nations and so cōform to al reason and equity that it is put among the very rules of both the Ciuil and cannon law vvher it is said frustra fidem sibi quis postulat seruari ab eo cui sidem à se prestitam seruare recusat He doth in vaine require promisse to be kept vnto him at an other mans hands to vvhom he refuseth to performe that which himselfe promised and agayne Non abstringitur quis iuramento ad implendum quod iur auit si ab alio parte non impletur cuius respectu praebuit iur amentum A
other is enemy to al thes cōditions wherof if you wil read many more particulers signes to know a tyrant by I wil remit you to a special booke set forth of this matter by one Bartolus father as yow know of our Ciuil law wher the matter is hādled largely as also how lawful and commendable it is to resist any tyrant and finally he concludeth vvith Cicero in his bookes de legibus vvher he sayeth vt populo magistratus ita magistratui presunt leges A good Prince or Magistrate maketh his accōpt that as he is ouer the people so lavves are ouer him and a ryrant the contrary And greatly is commended the saying of Theodosius and Valentinian two worthy Emperors recorded in our ciuil law vvho sayd Digna yox est maiestate regnātis legibus se alligatum fateri It is a spech worthy of the maiesty of him that reigneth to confesse that he is bound vnto the lawes and the contrary saying of the Tyrant Caius Calignla is iustly detested by al writers vvho said vnto one as Suetonius reporteth Memento mihi omnia in omnes licere remember that al things are lawful vnto me and against al men without exception The saying also of the famous Emperor Traian deserueth immortal memory and commendation vvho vvhen he deliuered the sword to a pretor or gouernour of Rome to do iustice he added thes wordes Take this sword and if I do reigne iustly vse it for me and if not then vse it against me Which in effect and substance are the very same vvordes which our christian Princes at this day do vse at their entrance and coronations when they promise and sweare to rule iustly and according to the lawes statutes and ordinances of their countrey and vppon that condicion do take the othes of their subiects obedience protesting ther vvith-al that if they performe not this that then their subiects are free as before from al allegeance and then may the common wealth as also the very officers themselues of such a king vse ther sword against him vvho gaue it to them for the publique good if neede so require as Traian commaunded It vvas truly the vvord of a noble Prince said a certaine Captaine of the company ther present and rightly deserued he to be vvel obeyed vvho gaue so liberal and iust a commission to be disobeyed but for that you said they that are Princes now a dayes do the like in effect at their admission to gouerment and at ther coronations I vvould be glad to heare vvhat they say or sweare at this their entrance for certaine I am that afterwards I find very few Princes that are contented to haue this point put in excecution I meane to be disobeyed vvhatsoeuer they do or howsoeuer they liue and moreouer I say that what soeuer you lawyers sit and talke of Princes right in your studies yet I finde no way but hanging for a man of my profession if he shal disobey the vvorst Prince that liueth you lawyers vvilbe the first that shal giue sentence against him if he chance to come before you in iudgment True ir is said the Ciuilian vvher martial authority taketh place ther no question of right auaileth to be disputed if a lavyver or any other man els be in feare or dainger of his owne life he vvil rather giue sentence against an other then receaue it against himselfe but vve talke not here what men may be driuen to do by feare or force of euel Princes but vvhat in right equity and good conscience may be done and this not so much by priuate or particuler men vvho may not be ouer busie in examining Princes rights or vvhe-ther they performe their duetyes or no as by the common wealth vppon vrgent necessity and dew deliberation had against euel Princes that breake openly their othes and promises made at their first entrance vvhich promises for that you are desirous to vnderstand them I am content to passe ouer also vnto this point and so much the rather for that it maketh much to the purpose vve haue in hand or rather it is the very true ground in deede both of al lawful gouerment and subiection among christian people For that by this oth both the Prince and subiect do come to know and agree vppon their duetyes and obligations the one towards the other as also both of thē towards god their natiue countrey But for that this morning seemeth now much spent and my stomack telleth me that our dinner cannot be far of let vs defer this matter if you please vntil after noone at what tyme we shal crowne a king betweene vs here with much more facility vvhen vve shal haue lesse occasions of hungar to distract our cogitations OF THE CORONATION OF PRINCES AND MANNER OF THEIR ADMISSION to their authority and the othes which they do make in the same vnto the common wealth for their good gouerment CAP. V. DINNER being ended the Ciuilian lawyer began to prosecure the matter propounded in the end of the former chapter concerning othes and promises made by Princes at their first admission to gouerment vvherin first he declared that for as much as not nature but the election and consent of the people had made their first Princes from the beginning of the world as largely before and often had bin demonstrated most certaine it appered and conforme to al reason that they were not preferred to this eminent power and dignity ouer others without some conditions and promises made also on their parts for vsing vvel this supreme authority giuen vnto them seing it is not likely quoth he that any people would euer yeeld to put their liues goodes and liberties in the handes of an other without some promise and assurance of iustice and equity to be vsed towards them and here of he said it came to passe that bothe the Romans and Grecians to their ancient kings prescribed those lawes and limites which before haue bin specified And in euery common wealth the more orderly the Prince commeth to his crowne and dignity the more expresse and certaine haue bin euer thes conditions and agrements betweene him and the people as on the other side the more violently the Prince getteth his authority or by tyranny and disorder as thos ancient and first tyrantes of Assyria to wit Nemrod Belus and the like that by meere force and guyle gat rule ouer others and the old kings of Egypt and Babilon and thos of the Roman Emperors that by violence of souldiars only gat into the Royal seate and al such as at this day do get by force to reigne among the Turkes Amōg thes I say it is no maruaile though few cōditions of iust dealing may be expected though I doubt not but yet to ther follovvers and aduancers thes men also do make large promises of good gouerment at the begining as al ambitious men are vvont to do though
admonish yon in a few wordes what the charge importeth which you are to take vppon you c. Thus he beginneth and after this he declareth vnto him for what end he is made king vvhat the obligation of that place and dignity byndeth him vnto and vnto vvhat points he must sweare what do signifie the sword the ring the sceptor and the crowne that he is to receaue and at the deliuery of each of thes things he maketh both a short exhortation vnto him and prayer vnto God for him And the kings oth is in thes words Promitto coram Deo angelis eius I do promise and sweare before God and his angels that I will do law and iustice to al and kepe the peace of christ hisChurche and the vniō of his catholique fayth and wil do and cause to be done dew and canonical honor vnto the bishops of this land and to the rest of the cleargie and if which God for bid I should break my oth I am content that the inhabitants of this kingdome shal owe no duty or obedience vnto me as God shal help me and Gods holy ghospelles After this oth made by the king and receaued by the subiects the Lord Martial general of the whole kingdome doth aske vvith a loud voice of al the councellors nobility people ther present whether they be content to submit themselues vnto this king or no Who answering yea the archbishop doth ende the residue of the ceremonies doth place him in the royal throne wher al his subiects do homage vnto him and this for Polonia In Spayne I do find that the manner of admitting ther kings was different and not the same before and after the distruction therof by the Moores but yet that in both tymes ther kings did sweare in effect the selfe same points vvhich before haue bin mentioned in other kingdomes For first before the entring of the Moores when spayne remayned yet one general monatchie vnder the Gothes it is recorded in the fourth national coūcel of Toledo which vvas holden the yeare of our Lord 633. according to Ambrosio Morales the most learned diligēt historiographer of Spayne though other do appoint it some few yeares after in this councel I say it is said that their new king Sissinandus who had expelled Suintila ther fotmer king for his euel gouerment This king Sissinandus I saye comming into the said councel in the third yeare of his reigne accompained with a most magnificent number of nobles that waighted on him did fal downe prostrate vppon the ground before the Archbishops and bishops ther gathered together which vvere 70. in number and desired them vvith teares to pray for him and to determine in that councel that which should be needful and most conuenient both for mainteyning of Gods religion and also for vpholding and prospering the whole common wealth wheruppō thos fathers after matters of religion and reformation of manners vvhich they handled in 73. chapters In the end and last chapter they come to handle matters of estate also And first of al they do confirme the deposition of king Suintila together with his wife brother and children and al for his great wickednes which in the councel is recounted and they do depriue them not only of al title to the crowne but also of al other goods and possessions mouables immouables sauing only that vvhich the new kings mercy should bestow vppon them and in this councel was present and subscribed first of al other S. Isidorus Archbishop of Siuil who writing his history of spayne dedicated the same vnto this king Sissinandus and speaketh infinite good in the same of the vertues of king Suintila that was now deposed and condemned in this said councel wherby it is to presumed that he had changed much his life afterward and became so wicked a man as here is reported After this the councel confirmeth the title of Sissinandus and maketh decrees for the defence therof but yet insinuateth vvhat points he was bound vnto and wherunto he had sworne when they said vnto him Te quoque praesentem regem ac futuros aetatum sequentium principes c. We do require you that are our present king and al other our Princes that shal follow here after vvith the humility which is conuenient that you be meeke moderate towards your subiects and that you gouerne your people in iustice and piety and that none of you do giue sentence alone against any mā in cause of life and death but with the consent of your publique councel and with thos that be gouernours in matters of iudgment And against al kings that are to come we do promulgate this sentence that if any of them shal against the reuerence of our lawes excercise cruel authority with proud domination and kingly pompe only following ther owne concupiscence in wickednes that they are condemned by Christ with the sentence of excommunication and haue theyr separation both from him and vs to euerlasting iudgment and this much of that councel But in the next two yeares after the ende of this councel king Sissinandus being now dead and one Chintilla made king in his place ther were other two councels gathered in Toledo the first vvherof was but prouincial and the second national and they are named by the names of the fift and sixt councels of Toledo In the vvhich councels according to the manner of the Gothes who being once conuerted from the Arrian haeresie were very catholique and deuout euer after and gouerned themselues most by their cleargie and not only matters of religion were handled but also of state and of the common wealth especially aboute the successiō to the crowne safty of the Prince prouision for his children frendes officers and fauorites after his death and against such as without election or approbation of the commō wealth did aspire to the same al thes points I say vvere determined in thes councels and among other points a very seuere decree vvas made in the sixt councel concerning the kings oth at his admission in thes vvords Consonam vno corde ore promulgamus Deo placituram sententiam We do promulgate vvith one hart and mouth this sentence agreable pleasing vnto God and do decree the same vvith the consent and deliberation of the nobles and peeres of this realme that vvhosoeuer in tyme to come shal be aduanced to the honor and preferment of this kingdome he shal not be placed in the royal seat vntil among other conditions he haue promised by the Sacrament of an oth that he vvil suffer no man to break the Catholique faith c. Thus far that synod or councel By which wordes especially thos among other conditions is made euident that thos Princes sweare not only to kepe the faith but also such other conditions of good gouerment as were touched before in the fourth councel and thes things were determyned while
into Ingland but after this tyme the manner and ceremonies was somwhat altered and made more maiestical in outward shew this especially by king Lewis surnamed the yonger nephew to the foresaid king Phillip who leauing the substance of the action as it vvas before caused diuers external additions of honor and maiestie to be adioyned therunto especially for the coronation of his sonne Phillip the seconde surnamed Augustus whom he caused also to be crowned in his dayes as his grand father Phillip had bin and as himselfe had bin also in his fathers dayes This man among other royal ceremonyes ordeyned the offices of the twelue peeres of France 6. Ecclesiastical and 6. temporal vvho are they which euer since haue had the chiefest places and offices in this great action fot that the fore said Archbishop of Rhemes intituled also Duke of Rhemes hath the first and highest place of al others and annoynteth crowneth the king The bishop Duke of Laon beareth the glasse of sacred oyle The bishop Duke of Langres the crosse The Bishop and earle of Beuais the mantel royal The Bishop Earle of Noyon the kings girdle and last of al the Bishop and Earle of Chalons doth cary the ring and thes are the six ecclesiastical peeres of France with their offices in the coronation The temporal peeres are the Duke of Burgundie deane of the order vvho in this day of coronation holdeth the crowne the Duke of Gasconie Guyene the first banner quartered the Duke of Normandie the 2. banner quartered the Earle of Tholosa rhe golden spurres the Earle of Champanie the banner Royal or standerd of warr and the Earle of flanders the sword royal so as thet are 3. Dukes 3. Earles in euery one of both ranks of spiritual temporal Lords and as Girard noteth the king is apparraled on this day 3. times and in 3 seueral sortes the first as a priest the secōd as a king ād vvarryer the third as a iudge and finally he saith that this solemnitie of anoynting and crowning the king of France is the most mag nificent gorgious and maiestical thing that may be seene in the vvorld for which he referreth vs not only to the particuler coronations of thes two ancient king Phillipps the first second but also to the late coronation of Henry the second father to the last kings of France which is also in printe and in deede is a very goodly and most notable thing to be read though in deede much more to be seen But to say a vvord or two more of Phillip Augustus before I passe any further which happened in the yeare 1179. and in the 25. of the reigne of our king Henry the 2. of Ingland who as the French stories say was present also at this coronation and had his ranck among the peeres as Duke of Normandy and held the kings crowne in his hand one of his sonnes had his ranck also as Duke of Gasconie the forme vsed in this coronation was the very same which is vsed at this day in the admission of the kings of France in recounting wher-of I wil let passe al the particuler ceremonies Which are largely to be read in Francis Belforest in the place before mentioned and I vvil repeate only the kings oth which the said author recounteth in thes wordes The Archbishop of Rhemes being vested in his pontifical attyre and come to the aulter to begin masse wher the king also was vppon a high seat placed he turned to him and said thes wordes in the name of al the cleargie and churches of France Syre that which we require at your handes this day is that you promise vn to vs that you wil kepe al canonical priuileges law and iustice dew to be keept defended as a good king is bound to do in his realme and to euery bishop and church to him committed wherunto the king answered I do promisse and auow to euery one of you and to euery church to you committed that I wil kepe and mainteyne al canonical priuileges law and iustice 〈◊〉 to euery man to the vttermost of my power and by Gods helpe shal defend you as a good king is bound to doe in his realme This being done the king did sweare and make his oth laying his handes vppon the gospel in thes wordes following Au nom de Iesus Christ ie iure promets au peuple christien a moy suiect ces choses c. Which is in Inglish In the name of Iesus Christ I do sweare and promise to al Christian people subiect vnto me thes points ensuning first to 〈◊〉 that al my subiects be kept in the vnion of the church and I wil defend them from al excesse rapine extorsion and iniquity secondly I wil take order that in al iudgments iustice shal be kept with equity and mercy to the end that God of his mercy may conserue vnto me with you my people his holy grace and mercy Thirdly I shal endeuour as much as possibly shal lye in me to chase and driue out of my realme and al my dominions al such as the church hath or shal declare for heretiques as God shal help me and his holy gospels Thus swereth the king and then kysseth the gospels and mediatly is song Te Deum laudamus and after that are said many particuler prayers by the Archbishop and then is the king vested and the ring scepter crowne and other kingly ornaments and ensignes are brought put vppon him with declaration first vvhat they signifie then particuler prayers are made to God that ther signification may be by the king fulfilled And after al ended the Archbishop with the Bishops do blesse him and say thes vvordes vnto him God which reigneth in heauen and gouerneth al kingdomes blesse you c. Be you stable and constant and hold your place and right from hence forth which heere is committed and laid vppon you by the authority of almighty God and by this present tradition and deliuery which we the bishops and other seruants of God do make vnto you of the same and remember you in place conuenient to beare so much more respect reuerence vnto the 〈◊〉 by how much neerer then other men you haue seene 〈◊〉 to approch to Gods aulter to the end that Iesus Christ mediator of God and man may confirme and maynteyne you by the cleargie and people in this your royal seat and throne who being lord of Lords and king of kings make you reigne with him and his father in the life and glory euerlasting Thus saith the Archbishop vnto him and after this he is led by him and the other peares vnto the seat royal wher the crowne is put vppon his head and many other large ceremoneies vsed vvhich may be read in the author a fore said and are to long for this place And yet haue I bin the larger in this matter of France
increase or cōfirmatiō of his right thes I say are vnlerned fond wicked assertions in flatery of Princes to the manifest ruine of cōmon wealthes and peruerting of al law order reason which assertiōs albeit they haue bin sufficiently as I suppose refuted before yet meane I to stand a little more vppō them in this place for more euident demonstration of so important a truth as also to see examine what may duly be attributed to bare successiō alone to the end that no man may thinke we meane to improue or imbase that which we esteme in so high degree and thinke that the best and surest way of maynteyning kingly gouerment in the world is to haue it go by succesion as it doth at this day in Ingland and in most other states of Europe besides though yet with the limitations conditions due thervnto wherof I shal now beginne to treat more in particuler but after some little pause if you please for that this other narration hath wel wearied me VVHAT IS DVE TO ONLY SVCCESSION BY BIRTH AND VVHAT INTErest or right an heyre apparent hath to the crowne before he be crowned or admitted by the cōmon wealth and how iustely he may be put backe yf he haue not the other partes requisit also CHAP. VI. VERY resonable it semed to al the whole assembly that some intermission or pause should be admitted as the Ciuilian had required and this aswel for the commodity of the hearers who desired to confer together more in particuler of the poyntes alredy discussed as also of the speaker who whith reason affirmed that he was somewhat weary seing he had continued his spech so long together And so whith one consent they rose al and went into an orchard adioyning to the house and after some houres space returned agayne for that euery man seemed very desirous to heare this other matter debated of the interest of Princes before ther coronation for that they said it touched the very pointe it selfe now in question in Ingland and that which is like to be in action also ere it be long Wherfore they desired the Ciuilian to beginne his discourse and first of all to set downe the very words of Belloy about this matter as also the places wher he writeth the same for that his assertions appeared to them very strainge opposite to al reason of state practise of the vvorld as also contrary to al that vvhich hitherro had bin said and treated Wher-to the Ciuiliā answered trew it is that they are so and more plaine and 〈◊〉 flatteries then euer I haue read vttered by any man to any prince or tyrant vvhat soeuer albeit most of them as you know haue not fayled to find as shameles flatterers as themselues were eyther vayne or vvicked princes and for my part I am of opinion that thes propositions of Belloy vvil rather hurt and hinder then profit the prince for vvhom and in vvhos fauour he is thought to haue written them vvhich is the king of Nauarra whome hereby he would aduaunce as he semeth and haue admitted to the crowne of France vvhithout al consent or admission of the realme But I for my part as I doubt not greatly of his title by propinquity of blood according to the law Salique so on the other side am I of opinion that thes propositions of Belloy in his behalfe that he should enter by only title of birth vvhithout condition consent or approbation of the realme as also vvhithout oth annoynting or coronation yea of necessitie vvhithout restraint or obligation to fulfil any law or to obserue any priuileges to church chapel cleargie or nobilitie ot to be checked by the vvhole realme if he rule amisse thes thinges I say are rather to terifie the people and set them more agaynst his entrance then to aduance his title and therfore in my poore iudgment it vvas nether vvisely vvritten by the one nor politiquely permitted by the other And to the end you may see vvhat reason I haue to giue this censure I shal here set downe his owne propositions touching this matter as I find them in his owne words First then he auoutcheth that al families which enioye kingdomes in the world were placed therin by God only and that he alone can chāge the same which if he refer vnto gods vniuersal prouidence quae attingit à fine vsque in finem fortiter as the scripture saith and vvhithout vvhich a sparrow falleth not ō the grownd as our saviour testifieth no man wil deny but al is from God ether by his ordinance or permission but if we talke as we do of the next immediate causes of empyres princes of ther chāges cleere it is that men also do maye concure therin and that god hath left them lawful authority so to do and to dispose therof for the publique benefit as largly before hath bin declared consequently to say that god only doth thes things leaueth nothing to mans iudgemēt therin is agaynst al reason vse experience of the world The second proposition of Belloy is that where such princes be once placed in gouerment and the law of succession by birth established there the princes children or next of k ynne dō necessarily succede by only birth whithout any new choise or approbation of the people nobilitie or cleargie or of the whole common wealth together And to this assertion he ioyneth an other as straing as this which is that a king neuer dieth for that whēsoeuer or how-soeuer he ceaseth by any meanes to gouerue then entreth the successor by birth not as heyre to the former but as law-ful gouernour of the realme whithout any admission at al hauing his authority only by the condition of his birth and not by adoption or choise of any Which two propositions albeit they haue bin sufficiently refuted by that which hath bin spoken in the last two chapters going before yet shal I novv agayne conuince more amply the vntruth therof Other two propositions he addeth which pattly haue bin touched and answered before and yet I meane to repeat them agayne in this place for that they appertayne to this purpose his former is that a prince once entred to gouermēt and so placed as hath bin said ys vnder no law or restraincte at al of his authority but that himselfe only is the quick and liuing law and that no limitation can be giuen vnto him by any power vnder heauen except it be by his owne wil and that no nation or common wealth can appoynt or prescribe how they wil obey or how their prince shal gouerne them but must leaue his authority free from al bandes of law and this eyther willingly or by violence is to be procured By which vvordes it semeth that he paynteth out a perfect paterne of a tyranical gouerment vvhich how it may further the king of Nauarres pretence in the case he standeth in presently in
of obedience and allegiance and not before which argueth that before they were not bounde vnto him by allegeance and as for the princes of Ingland it is expresly noted by Inglish historiographers in ther coronatiōs how that no allegeance is dew vnto thē before they be crowned that only it happened to Henry the fifth among al other kinges his predecessors to haue this preuilege and this for his exceding to-wardlynes for the great affection of the people towards him that he had homage donne vnto him before his coronation and oth taken Wherof Polidor writeth in thes wordes Princeps Henricus facto patris funere concilium principum apud VVestmonasterium conuocandum curat in quo dum de rege creando more maiorum 〈◊〉 esse ubi continuo aliquot Principes vltro in eius verba mirare coeperunt quod beneuolentiae officium nulli antea priusquam rex renu nciatus esset praestitum constat a 〈◊〉 Henricus ab ineunte aetate spem omnibus optimae inaolis fecit Which in Inglish is this Prince Henry after he had finished his fathers funetals caused a parlament to be gathered at Westminster wher vvhiles consultation vvas had according to the ancient custome of Ingland about creating a new king behold vppon the sudden certaine of the nobility of ther owne free vvilles began to sweare obedience and leyaltie vnto him vvhich demonstration of loue and Good vvil is wel knowne that is was neuer shewed to any Prince before vntil he vvas declared king so great vvas the hope that men had of the towardlynes of this Prince Henry euen from his tender age thus far Polidor in his story of Inglād And the very same thing expresseth Iohn Stow also in his chonicle in thes vvordes To this noble Prince by assent of the parlament al the states of the realme after three dayes offred to do fealtte before he was crowned or had solemnized hu oth wel and iustly to gouerne the common wealth which offer before was neuer found to be made to any Irince of Ingland thus much Stow. in vvhose narration as also in that of Polidor it may be noted that king Henry the fift vvas not called king vntil after his coronation but onlv Prince though his fathe king Henry the fourth had bin dead now almost a month before and secondly that the parlament consulted de Rege creando more maiorum as Polidor his vvords are that is of making a new king according to the ancient custome of ther auncestors vvhich argueth that he vvas not yet king though his father were dead nor that the manner of our old Inglish ancestors vvas to accompt him so before his admission Thirdly that this demonstration of good wil of the nobility to acknowlege him for king before his coronation and oth solemnized wel and iustly to gouerne the realme was very extraordinary and of meere good wil. And last of al that this was neuer donne to any Prince before king Henry the fift al which pointes do demonstrate that it is the coronation and admission that maketh a perfect and true king whatsoeuer the title by succession be otherwise that except the admission of the common wealth be ioyned to succession it is not sufficient to make a lawful king and of the two the second is of far more importance to vvit the consent and admission of the realme then nearnes of blood by succession a-loue This I might proue by many examples in Ingland it selfe wher admission hath preuayled against right of succession as in William Rufus that suceeded the Conquerer and in king Henry the first his brother In king Stephen king Iohn and others vvho by only admission of the realme were kings against the order of succession as after more at large I shal shew you in a particuler spech vvhich of this point I shal make unto you and very specially it may be seene in the two examples before mentioned of the admission of the two kings Henry and Edward both surnamed the fourth vvhos entrances to the crowne if a man dovvel consider he shal find that both of them founded the best part and most surest of their titles vppon the election consent and good wil of the people yea both of them at their dying dayes hauing some remorse of cōscience as it semed for that they had caused so many men to dye for mayntenance of ther seueral rightes and titles had no better way to appease ther owne mynds but by thinking that they were placed in that rome by the voice of the realme and consequētly might lawfully defend the same punish such as went about to depriue them Moreouer you shal finde if you looke into the doings of Princes in al ages that such kings as vvere most politique and had any lest doubt or suspicion of trobles about the title after ther deathes haue caused their sonnes to be crowned in their owne dayes trusting more to this then to their title by succession though they vvere neuer so lawfully lineally discended And of this I could alleage you many examples out of diuers countryes but especially in France since the last lyne of Capetus came vnto that crowne for this did Hugh Capetus himselfe procure to be donne to Robert his eldest sonne in his owne dayes and the like did king Robert procure for his yonger sonne Henry the first as Girard holdeth and excluded his elder only by crowning Henry in his owne daies Henty also did entreat the states of Frace as before you haue hard to admitt crowne Phillip the first his eldest sonne vvhiles himselfe reigned and this mans sonne Luys lc Cros did the same also vnto tvvo sonnes of his first to Phillip and after his death to Luys the yonger both vvhich vvhere crowned in ther fathers life time this Luys agayne the yonger vvhich is the seuenth of that name for more assuring of his sonne named Phillip the secōd entreated the realme to admit crowne him also in his owne dayes vvith that great solemnity vvhich in the former chapter hath bin declared And for this very same cause of securitie it is not to be doubted but that alvvayes the prince of Spayne is sworne and admitted by the realme during his fathers reigne as before hath bin said The same consideration also moued king Dauid to crowne his sonne Salomon in his owne dayes as aftervvard more in particuler shal be declared and finally our king Henry also the second of Ingland considering the alteration that the realme had made in admitting king Stephen before him against the order of lineal successiō by propinquity of blood and fearing that the like might happen also after him caused his eldest sonne named likewise Henry to be crowned in his life time so as ingland had two king Henries liuing at one tyme vvith equal authoritie and this was done in the 16. yeare of his reigne and in the yeare of
apparent of Spayne and they put back in ther grand fathers tyme and by his and the realmes consent ther father as I haue said being dead and this was done in a general parlament holden at Segouia in the yeare 1276. and after this Don Sancho was made king in the yeare 1284. and the two Princes put into prisō but afterward at the sure of there vncle king Phillip the third of France they were let out agayne and endued with certayne landes and so they remaine vnto this day and of thes do come the Dukes of Medina Celi and al the rest of the house of Cerda which are of much nobility in Spayne at this tyme and king Phillip that reyneth cometh of Don Sancho the yonger brother Not long after this agayne when Don Pedro surnamed the cruel king of Castile was driuen out and his bastard brother Henry the second set vp in his place as before hath bin mētioned the Duke of Lancaster Iohn of Gant hauing maried Dona Constantia the said king peters daughter heyre pretended by succession the said crowne of Castile as in deed it appertayned vnto him but yet the state of spaine denied it flatly and defended it by atmes and they preuailed against Iohn of Gant as dyd also the race of Henry the bastard against his lawful brother the race of Don Sancho the vncle against his lawful nephewes as hath byn shewed and that of Dona Berenguela against her elder sister al which races do reigne vnto this day thes three changes of the trew lyue happened with in two ages and in the third and principal discent of the Spanish kings when this matter of succession was most assuredly and perfectly established and yet who wil deny but that the kings of Spayne who hold by the later titles at this day be true and lawful kings Well one example wil I giue you more out of the kyngdom of Portugal and so wil I make an ende with thes countreyes This kinge Henry the bastard last named king of Spayne had a sonne that succeded him in the crowne of Spayne named Iohn the first who married the daughter and heyre named Dona Beatrix of king Fernando the first of Portugal but yet after the death of the said King Fernando the states of Portugal would neuer agree to admit him for ther king for not subiecting themselues by that meanes to the Castilians and for that cause they rather tooke for ther king a bastard brother of the said late king Don Fernando whos name was Don Iuan a youth of 20. yeares old who had bin master of a militare order in Portugal named de Auis and so they excluded Dona Beatrix Queene of Castile that was their lawful heyre aud chose this yong man and maried him afterwards to the lady Phillippe daughter of Iohn of Gant Duke of Lancaster by his first wife blanch Duchesse and heyre of Lācaster in whose right the kings of Portugal and ther discendents do pretend vnto this day a cerrayne interest to the house of Lancaster which I leaue to our tēporal lawyer to discusse but heereby we see what an ordinary matter it hath bin in Spayne and Portugal to alter the lyne of next succession vppon any reasonable consideration which they imagined to be for ther weal publique and the like we shal finde in France Ingland which euen now I wil begin to treat of DIVERS OTHER EXAM'PLES OVT OF THE STATES OF FRANCE AND INGLAND FOR proofe that the next in blood are some tymes put backe from succession and how God had approued the same with good successe CAP. VIII AS concerning the state of France I haue noted before that albeit since the entrāce of ther first king Pharamond with his Frankes out of Germanie which vvas about the yeare of Christ 419. they haue neuer had any strāger come to were there crowne which they attribute to the benefit of there law Salike that for biddeth women to reigne yet among themselues haue they changed twyse there whole race and linage of kings once in the entrance of king Pepin that put out the lyne of Pharamond about the yeare 751. and agayne in the promotion of kinge Hugo Capetus that put out the lyne of Pepin in the yeare 988 so as they haue had three discents and races of kings as wel as the spaniards the first of Pharamond the 2. of Pepin and the 3. of Capetus which indureth vnto this present if it be not altered now by the exclusion that diuers pretend to make of the king of Nauarr and other Princes of the blood royal of the howse of Burbon Wherfore as I did before in the spaniards so I wil heere let passe the first ranke of al of the french kings for that some men may say perhaps that the common wealth and law of succession was not so wel setled in those dayes as it hath bin afterward in tyme of kinge Pepin Charles the great and ther discendantes as also for that it were in very deede ouer tedious to examine and pervse al three rankes of kings in France as you wil say when you shal see what store I haue to alleage out of the second ranck only which began vvith the exclusion and deposition of their lawful King Childerike the third and election of king Pepin as before you haue heard at large declared in the third chapter of this discourse it shal not be need ful to repeate the same agayne in this place Pepin then surnamed le brefe or the litle for his smale stature though he vvere a gyant in deeds being made king of France by mere election in the yeare of Christ 751. after 22. kings that had reigned of the first lyne of Pharamond for the space of more then three hundreth yeares and being so famous and worthy a king as al the world knoweth reigned 18. yeares then left his states and kingdomes by succession vnto his eldest sonne Charles surnamed afterward the great for his famous and heroical acts And albeit the vvhole kingdome of France appertayned vnto him alone by the law of succession as hath bin said his father being king and he his eldest sonne yet would the realme of France shew ther authority in his admission which Girard setteth downe in thes vvords Estant Pepin decedé les Francois esleurent Rois Charles Carlomon ses fils ala charge qu'ils partageroient entre eux egalement le royaume Which is king Pipin being deade the french men chose for ther kings his two sonnes Charles and Carlomon with condition that they should part equally betwene them the realme Wherin is to be noted not only the election of the common wealth besides succession but also the heauie condition laid vppon the heyre to part halfe of his kingdome vvith his yonger brother and the very same woords hath Eginard an ancient French writer in the life of this Charles the great
goodly monasteries and churches and dying left as famous a sonne behynde him as himself which was Edward the first surnamed the senior or elder This king Edward dying left two sonnes lawfully begotten of his wife Edgina the one named Prince Edmund and the other Eldred a third illegitimate whose name vvas Adelstan whom he had by a concubine But yet for that this man vvas estemed to be of more valor then the other he was preferred to the crowne before the two other Princes legittimate for so restifieth Polidor in thes wordes Adelstanus ex concubina Edwardi films rex a populo consalutatur atque ad king stonum opidum more maiorum ab Athelmo Cautuariensi Archiepiscopo coronatur vvhich is Adelstan the sonne of king Edward by a concubine vvas made king by the people and vvas crowned according to the old custome by Athelme Archbishop of Caterbury at the towne of kingston Thus far polidor and Stow addeth further thes words His coronation was celebrated in the market place vppon a stage erected on high that the king might better be seene of the multitude he was a Prince of worthy memorie valiant and wife in al his acts brought this land into one perfect monarchie for he expelled vtterly the danes and quieted the welchme Thus much Stow of the successe of chusing this king bastard to reigne To whose acts might be added that he conquered Scotland and brought Constantine their king to do him homage and restored Luys d'Outremer his sisters sonne to the kingdome of France as before hath bin signified This man dying without issue his lawful brother Edmond put back before was admitted to the crowne who being of excellent expectation died after 6. yeares and left two lawful sonnes but yet for that they were yonge they were both put back by the realme and their vncle Eldred was preferred before them so faith Polidor Genuit Edmondus ex Egilda vxore Fduinum Edgarum qui cum etate pueri essent post Eldredum deinde regnarunt King Edmond begat of his wife Egilda two sonnes named Edwin and Edgar who for that they were but children in yeares were put back and reigned afterward after ther vncle Eldred The like saith Stow and yealdeth the same reason in thes wordes Eldred succeded Edmōd his brother for that his sonnes Edwin and Edgar were thought to yong to take so great a charge vppon them This Eldred though he entred as you see against the right of the nephewes yet saith Polidor and Stow that he had al mens good will and was crowned as his brother had bin at kingston by Odo Archbishop of Canterbury and reigned 9. yeares with great good wil and praise of al men He dyed at last without issue and so his elder nephew Edwin vvas admitted to the crowne but yet after foure yeares he was deposed agayne for his leude and vitious life and his yonger brother Edgar admitted in his place in the yeare of Christ 959. This king Edgar that entred by deposition of his brother vvas one of the rarest princes that the world had in his tyme both for peace and vvar iustice pietye and valor Stow sayeth he kept a nauie of three thousand and 6. hundreth shippes distributed in diuers partes for defence of the realme Also that he buylt and restored 47. monasteries at his owne charges and did other many such acts he vvas father to king Edward the martir grand father to king Edward the confessor though by two different wiues for by his first wife named Egilfred he had Edward after martirized and by his secōd vvife Alfred he had Etheldred father to Edvvard the confessor to the end that Etheldred myght raigne his mother Alfred caused King Edward the sonue of Egilfred to be stayne after king Edgar her husband was dead After this so shameful murther of king Edward many good men of the realme vvere of opinion not to admit the succession of Etheldred his half brother both in respect of the murther of king Edward his elder brother cōmitted for his sake as also for that he semed a man not fir to gouerne and of this opinion among others vvas the holy man Dunston archbishop of Canterbury as Polidor sayeth who at length in flat words denyed to consecrate him but seing the most part of the realme bent on Etheldreds side he foretould them that it would repent them after and that in this mās life the realme should be destroyed as in deede it vvas and he rann away to Normandy and left Sweno and his danes in possession of the realme though afterward Sweno being dead he returned agayne and dyed in London This Etheldred had two wiues the first Ethelgina an Inglish womā by whom he had prince Edmund surnamed Ironside for his great strength and valor vvho suceeded his father in the crowne of Ingland for a yeare and at his death left two sonnes which after shal be named and besides this Etheldred had by his first wife other two sonnes Edwin and Adelston and one daughter named Edgina al which were ether slayne by the danes or dyed without issue The secōd wife of Etheldred was called Emma sister to Richard Duke of Normandie vvho was grand father to William the conqueror to witt father to Duke Robert that was father to VVilliam so as Emma vvas great aunt to this VVilliam and she bare vnto king Etheldred two sonnes the first Edward who was afterward named king Edward the Confessor and Alerud who was slayne traiterously by the Earle of kent as presently we shal shew After the death also of king Etheldred Queene Fmma was maried to the Dane king Canutus the first of that name surnamed the great that was king of Ingland after Etheldred Edmond Ironside his sonne and to him she bare a sonne named Hardicanutus vvho reigned also in Ingland before king Edvvard the Confessor New then to come to our purpose he that wil consider the passing of the crowne of Ingland from the death of Edmonde Ironside elder sonne of king Eltheldred vntil the possession therof gotten by VVilliam Duke of Normandie to wit for the space of 50. yeares shal easely see what authority the common wealth hath in such affaires to alter titles of succession according as publique necessity or vtility shal require for thus briefly the matter passed King Eltheldred seing himselfe to vveake for Sweno the king of Danes that vvas entred the land fled with his wife Emma and her two children Edward and Alerud vnto her brother Duke Richard of Normandie ther remayned vntil the death of Sweno and he being dead Etheldred returned into Ingland made a certayne agrement and diuision of the realme betweene him Canutus the sonne of Sweno and so dyed leauing his eldest sonne Edmond Ironside to succed him who soone after dying also left the whole realme to the said Canutus and that by playne couenant as Canutus pretended that
the longest liuer should haue al wheruppon the said Canutus tooke the tvvo children of king Edmond Ironside named Edmond and Edward and sent them ouer into Sweuelād which at that tyme vvas subiect also vnto him and caused them to be brought vp honorably of vvhich two the elder named Edmond dyed without issue but Edward vvas maried and had diuers children as after shal be touched Etheldred and his sonne Edmond being dead Canutus the Dane was admitted for king of England by the vvhole parlament consent side as hath bin said and this the third breache of lineal discent But this notwithstanding Alerud being slayne prince Edward was made king tanta publica laetitia saith Polidor vt certatim pro eius faelici principatu cuncti vota facercnt That is he vvas made king vvith such vniuersal ioy and contentment of al men as euery man contended who should pray and make most vowes to God for his happie reygne and according to this was the successe for he vvas a most excellent prince and almost miraculously he reygned with great peace and void of al war at home and a broad for the space of almost 20. yeares after so infinit broyles as had bin before him and insued after hym and yet his title by succession can not be iustified as you see for that his eldest brothers sonne was the aliue to wit prince Edward surnamed the outlaw vvho in this kinges reygne came into Ingland and brought his vvife and three lawful children with him to wit Edgar Margaret Christian but yet vvas not this good king Edward so scrupulous as to giue ouer his kingdome to any of them or to doubt of the right of his owne title vvhich he had by election of the common wealth against the order of succession This king Edward being dead without issue Polidor saith that the states made a great consultation whom they should make king and first of al it semeth they excluded him that was only next by propinquity in blood vvhich vvas Edgar Adelin fonne to the said prince Edward the outlaw now departed and nephew to king Edmond Ironside and the reason of this exclusion is alleaged by Polidor in thes vvordes is puet id aetatis nondum regno gubernando maturus erat That is he bing a child of so smale yeares vvas not ripe enough to gouerne the kingdome and then he saith that Harald sonne of Earle Goodwin by the daughter of Canutus the first proclaymed himselfe king and more ouer he addeth Non displicait omnino id factum populo qui plurimum spei in Haraldi virtute habebat itaque more maiorum sacratus est vvhich is this fact of Harald displeased not at al the people of Ingland for that they had great hope in the vertue of this Harald so vvas he annoynted and crowned according to the fassion of the anciēt kings of Ingland by which vvordes vve may fee that Harald had also the approbation of the realme to be king notwith standing that lytle Edgar vvas present as hath bin said so as this was the fourth breach of succession at this tyme. But in the meane space William Duke of Normandy pretended that he vvas chosen before by king Edward the Confessor and that the realme had giuen their consent therunto and that king Edward left the same testified in his last wil and testament and albert none of our Inglish authors do auow the same cleerly yet do many other forrayne writers hold it and it semeth very probable that some such thing had past both for that duke William had many in Ingland that did fauor his pretence at his entrance as also as Girard in his French storie saith that at his first comming to London he punished diuers by name for that they had broken their othes and promises in that behalfe And moreouer it appereth that by alleaging this title of election he moued diuers princes abroade to fauour him in that action as in a iust quarrel vvhich is not like they should haue done if he had pretended only a conquest or his title of consanguinity vvhich could be of no importance in the vvorld for that effect seing it was no other but that his grand father and king Edwards mother vvere brother and sister which could giue him no pretence at al to the succession of the crowne by bloode and yet vve see that diuers princes did assist him and among others the French chronicler Girard so often named before vvriteth that Alexander the second pope of Rome vvhos holines vvas so much estemed in those dayes as one Constantinus Afer wrote a booke of his miracles being informed by Duke William of the iustnes of his pretence did send him his benediction and a precious ring of gold vvith a hallowed banner by vvhich he gott the victory thus writeth Girard in his French chronicles and Antoninus Archbishop of Florence surnamed Sainct vvriting of this matter in his chronicles speaketh great good of William Cōqueror and commendeth his enterprise But howsoeuer this was the victory vve se he gat and God prospered his pretence and hath confirmed his of spring in the crovvne of Ingland more then 500. yeares together so as now accounting from the death of king Edmond Ironside vnto this man we shal finde as before I haue said in lesse then 50. yeares that 5. or 6. kings vvere made in Ingland one after another by only authority and approbation of the common wealth contrary to the ordinary course of lineal succession by propinquitie of blood And al this is before the conquest but if vve should passe any further downe we should finde more examples then before For first the two sonnes of the Conqueror himselfe that succeded after him to vvit william Rufus and Henry the first were they not both yonger brothers to Robert Duke of Normandie to whom the most part of the realme vvas inclined as Polydor sayth to haue giuen the kingdome presently after the Conquerors death as devv to him by succession notwithstanding that VVilliam for particuler displeasure against his elder sonne had ordeyned the contrary in his testament But that Robert being absent in the war of Hierusalem the holy and lerned man Lanfranke as he vvas accompted then Archbishop of Canterbury being deceaued vvith vaine hope of VVilliam Rufus good nature perswaded them the contrary who vvas at that day of high estemation authority in Ingland and so might induce the realme to do what he liked By like meanes gat Henry his yonger brother the same crowne afterwards to wit by faire promises to the people and by helpe principally of Henry Newborow Earle of warwick that dealt with the nobility for him and Maurice bishop of London with the cleargie for that Anselme Archbishop of Cantetbury vvas in banishment Besides this also it did greatly healpe his cause that his elder brother Robert to vvhom the crowne by right apperteyned vvas absent againe
this second tyme in the warr of Ierusalem and so lost therby his kingdome as before Henry hauing no other title in the world vnto it but by election and admission of the people which yet he so defended afterwards against his said brother Robert that came to clayme it by the sword and god did so prosper him ther-in as he tooke his said elder brother prisoner and so kept him for many yeares vntil he dyed in prison most pitifully But this king Henry dying left a daughter behind him named Mawde or Mathilde which being married first to the Emperor Henry the fift he dyed without issue and then vvas she married agayne the secōd tyme to Geffry Plantagenet Earle of Anjow in France to whom she bare a sonne named Henry vvhich this king Henry his grand father caused to be declared for heyre apparent to the crowne in his dayes but yet after his disceasse for that Stephē Earle of Bollogne borne of Adela daughter to William the Conqueror was thought by the state of Ingland to be more fitt to gouerne and to defend the land for that he was at mans age then vvas prince Henry a child or Maude his mother he vvas admitted and Henry put back and this chiefly at the perswasion of Henry bishop of winchester brother to the said Stephen as also by the solicitation of the Abbot of Glastenbury and others vvho thought be like they might do the same with good conscience for the good of the realme though the euent proued not so wel for that it drew al Ingland into factions and diuisions for auoyding and ending wherof the states some years after in a parlament at Wallingford made an agrement that Stephen should be lavvful king during his life only and that Henry and his ofspring should succede him and that prince William king Stephens sonne should be dcpriued of his succession to the crowne and made only Earle of Norfolcke thus dyd the state dispose of the crowne at that tyme vvhich vvas in the yeare of Christ 1153. To this Henry succeded by order his eldest sonne then liuing named Richard and surnamed Cordelyon for his Valor but after him agayne the succession vvas broken For that Iohn king Henries yongest sonne to vvit yōger brother to Richard vvhom his father the king had left so vnprouided as in iest he vvas called by the french Iean sens terre as if you vvould saye Sir Iohn lacke-land this man I say vvas after the death of his brother admitted and crowned by the states of Ingland and Arthur Duke of Britaine sonne and heyre to Geffery that vvas elder brother to Iohn vvas against the ordinarie course of succession excluded And albeit this Arthur did seeke to remedy the matter by warr yet it semed that god did more defend this election of the common wealth then the right title of Arthur by succession for that Arthur vvas ouer-come and taken by king Iohn though he had the king of Fraunce on his side and he dyed pitifully in prison or rather as most authors do hold he was put to death by king Iohn his vncles own handes in the castle of Roan therby to make his title of succession more cleare which yet could not be for that as wel Stow in his Chronicle as also Mathew of westminster and others before him do write that Geffrey besides this sonne left two daughters also by the lady Cōstance his wife Countesse heyre of Britaine which by the law of Ingland should haue succeded before Iohn but of this smal accōpt seemed to be made at that day Some yeares after when the Barons and states of Ingland misliked vtterly the gouerment and proceeding of this king Iohn they reiected him agayne chose Luys the prince of France to be ther king and dyd sweare fealtie to him in London as before hath bin saide and they depriued also the yong prince Hēry his sonne that was at that tyme but of 8. yeares ould but vppon the death of his father king Iohn that shortly after insued they recalled agayne that sentence admitted this Henry to the crowne by the name of king Henry the third and disanulled the oth and allegeance made vnto Luys Prince of France and so king Henry reigned for the space of 53. yeares afterwards the lōgest reygne as I thinke that any before or after him hath had in Ingland Moreouer you know that from this king Henry the third do take their first beginning the two branches of York and Lācaster which after fell to so great contention about the crowne Into which if we vvould enter vve should see playnly as before hath bin noted that the best of al their titles after the depositiō of king Richard the second depended of this authority of the common wealth for that as the people were affected and the greater parte preuailed so were their titles ether allowed cōfirmed altered or disa nulled by parlaments and yet may not we wel affirme but that ether part vvhen they vvere in possession and confirmed therin by thes parlaments were lawful kings and that God concurred vvith them as vvith true princes for gouermēt of their people for if vve should deny this pointe as before hath bin noted great inconueniences vvould follow vve should shake the states of most princes in the world at this day as by examples which alredy I haue alleaged in part may appeare And vvith this also I meane to conclude and end this discourse in like manner affirming that as on the one side propinquity of bloode is a great preheminence towards the atteyning of any crowne so yet doth is not euer bynde the commō wealth to yeald ther-vnto if waightier reasons should vrge them to the contrary nether is the common wealth bound alwayes to shutt her eyes and to admit at hap-hazard or of necessity euery one that is next by succession of bloode as Belloy falsely fondly affirmeth but rather she is bound to consider vvel and maturely the person that is to enter vvhether he be like to performe his duety and charge committed vnto him or no for that otherwise to admitt him that is an enimye or vnfitt is but to destroy the common wealth and him together This is my opinion and this seemeth to me to be conforme to al reason law religion piety vvisdome and pollicy and to the vse and custome of al vvel gouerned common wealthes in the vvorld nether do I meane heereby to preiudice any princes pretence or succession to any crowne or dignitie in the vvorld but rather do hold that he ought to enioy his preheminence but yet so that he be not preiudical therby to the whole body which is euer to be respected more then any one person vvhatsoeuer Belloy or other of his opinion do say to the contrary Thus said the Ciuilian and being called vppon and drawne to a new matter by the question that ensueth he made his last discourse conclusion
of the vvhole matter in manner following VVHAT ARE THE PRINCIPAL POINTS WHICH A COMMON-VVEALTH OVGHT to respect in admitting or excluding of any prince that pretendeth to succeede wherin is handlid largely also of the diuersitie of religions and other such causes CAP. IX AFTER the Ciuilian had alleaged al thes examples of succession altered or reiected by publique authoritie of common wealthes and of the allowance and approbation good successe vvhich for the most part god semeth to haue giuen vnto the same one of the company brake forth and said that this poynt appeared so euident vnto him as no doubt in the vvorld could be made therof I meane whether this thing in it selfe be lawful or no to alter sometymes the course of succession seing that al cōmon vvealthes of Christendome had donne it so often Only he said that it remayned somewhat doubful vnto him whether the causes alleaged in thes mutations and chainges before mentioned were alwayes sufficient or no for that sometymes they semed to him but weake and slender as when for example the vncle was preferred before the nephewes for that he vvas a man and the other children which cause and reason hath oftentymes byn alleaged in the former exāples both of Spaine Fraunce and Ingland as also vvhen the yonger or bastard brother is admitted the elder and legitimate excluded for that the one is a warrier the other not and other such like causes are yealded said he in the exclusions before rehearsed vvhich yet seme not some-tymes vvaighty enough for so great an affaire To this answered the Ciuilian that according to their law both ciuil and canon vvhich thing also he affirmed to be founded in great reason it is a matter most certayne that he vvho is iudge and hath to giue the sentence in the thing it selfe is also to iudge of the cause for therof is he called iudge and if he haue authority in the one good reason he should also haue power to discerne the other so as if vve graunte according to the forme proofes that the realme or common vvealth hath povver to admitt or put back the prince or pretender to the crowne then must vve also confesse that the same common vvealth hath authority to iudge of the lawfulnes of the causes and considering further that it is in ther owne affaire in a matter that hath his whole beginning continuance and substance from them alone I meane from the common wealth for that no man is king or prince by institution of nature as before hath bin declared but euery king and kings sonne hath his dignity and preheminēce aboue other men by authority only of the cōmon vvealth who can affirme the contrary said the Ciuilian but that god doth allow for a iust and sufficient cause in this behalfe the only vvil and iudgment of the weal publique it selfe supposing alwayes as in reason we may that a whole realme wil neuer agree by orderly vvay of iudgment for of this only I meane and not of any particuler faction of priuate men agaynst ther heyre appatēt to exclude or put back the next heyre in blood and succession without a reasonable cause in their sight and censure And seing that they only are to be iudges of this case as now I haue said vve are to presume that vvhat they determyne is iust and lawful for the tyme and if at one tyme they should determine one thing the contrary at an other as they did often in Ingland during the contention betwene York Lancaster and in other like occasions vvhat can a priuate man iudge otherwise but that they had different reasons and motions to leade them at different tymes and they being properly lords and owners of the vvhole busines committed vnto them it is enough for euery particuler man to subiect himselfe to that vvhich his common vvealth doth in this behalfe and to obey simply without any further inquisition except he should see that open iniustice vvere donne therin or God manifestly offended and the fealme indangered Open iniustice I cal said he when not the true common wealth but some faction of wicked mē should offer to determine this matter vvithout lawful authority of the realme committed to them and I cal manifest offence of God and danger of the realme when such a man is preferred to the crowne as is euident that he wil do vvhat lyeth in him to the preiudice of them both I meane bothe of Gods glory and the publique wealth as for example if a Turke or Moore as before I haue said or some other notorious wicked man or tyrant should be offered by succession or otherwise to gouerne among Christians in which cases euery man no doubt is bound to resist vvhat he can for that the very end and intent for which al gouermēt vvas first ordeyned is herein manifestly impugned Thus the Ciuilian discoursed and the whole company seemed to like very vvel therof for that they said his opinion appeared both prudent and pious and by this occasiō it came also presently in question vvhat vvere the true causes and principal points which ought to be chiefly regarded as wel by the commō wealth as by euery particuler man in this great action of furthering or hindering any Prince towards a crowne And they said vnto the Ciuilian that if he vvould discusse in like manner this pointe vnto them it would be a very apt and good cōclusion to al his former speach and discourses vvhich hauing bin of the authority that weale publiques haue ouer princes titles this other of the causes and considerations that ought to lead them for vse and excercise of the same authority would fal very fit and necessary for the vp short of al. Heerunto the Ciuilian answered that he wel saw the fitnes and importance of the matter and therefore that he was content to speak a word or two more therof notwithstāding that much had bin said alredy therin to witt in al those pointès which had bin disputed about the end of gouerment and why it vvas appoynted which ende said he seing it is as largely hath bin proued before to defend preserue and benifite the common wealth heer hence that is from this consideration of the weal publique are to be deduced al other considerations of most importance for discerning a good or enel prince For that whosoeuer is most likely to defend preserue and benifite most his realme and subiects he is most to be allowed and desyred as most conforme to the end for vvhich gouerment was ordeyned And on the contrary side he that is least like to do this deserueth least to be preferred and heer quoth he you see doth enter also that consideration mentioned by you before which diuers common vvealthes had in putting back oftentymes children impotēt people though otherwise next in blood from succession and pteferring more able men though further of by discent for that they were more like
damnably as the Apostle here saith vvho committeth any thing against his owne conscience though otherwise the thing vvere not only indifferent but very good also in it selfe for that of the doers part ther vvanteth no malice or wil to sinne seing he doth that which he apprehendeth to be naught though in it selfe it be not And now to apply al this to our purpose for Ingland and for the matter we haue in hand I affirme and hold that for any man to giue his helpe consent or assistance towards the making of a king whom he iudgeth or beleueth to be faultie in religion consequently would aduance either no religion or the wrong if he were in authority is a most greuous and damnable sinne to him that doth it of what side soeuer the truth be or how good or bad so euer the party be that is preferred For if S. Paul haue pronounced so absolutely and playnly in the place before alleaged that euen in eating of a peece of meat it is damnable for a man to discerne and yet to eate what may we thinke wil it be in so great and important a matter as the making of a king is for a man to dissemble or do against his owne conscience iudgmēt that is to say to discerne and iudge that he is an infidel or heritique or wicked mā or A theist or erronens in religion and yet to further his aduancement and gouerment ouer christians wher he shal be able to peruert infinite and to pull downe al honor seruice dew vnto God and vvhether he do this euel afterwards or not yet shal I be guyltie of al this for that knowing and persuading my selfe that he is like or in disposition to do it yet for feare flattery carelesnes kinred emulation against others vaine pretence of title lacke of zeale to gods cause or for other the like passions or temporal respects I do fauour further or sooth him in his pretēces or do not resist him when it lyeth in my power by al vvhich I do iustly make my felfe guyltie of al the euills hurts miseries and calamities both temporal and spiritual vvhich afterward by his euel gouerment do or may ensew for that I knowing him to be such a one did notwithstanding assist his promotion And thus much now for matter of cōscience but if we consider reason of state also and wordly pollicie it can not be but great folly ouersight for a man of what religion soeuer he be to promote to a kingdome in which himselfe must liue one of a contrary religion to himselfe for let the bargaines and agreements be vvhat they wil and fayre promises vayne hopes neuer so great yet seing the prince once made and setled must needes proceede according to the principles of his owne religion it followeth also that he must come quickly to break with the other party though before he loued hym neuer so vvel which yet perhapps is very hard if not impossible for tvvo of different religions to loue sincerly but if it vvere so yet so many ielosies suspitions accusations calumniations and other auersions must needes light vppon the party that is of different religion from the state and Prince vnder whom he liueth as not only he cānot be capable of such preferments honors charges gouerments and the like which men may deserue and desyer in their commō wealthes but also he shal be in continual danger and subiect to a thousand molestations and iniuries which are incident to the condition and state of him that is not currant whith the course of his prince and realme in matters of religion and so before he beware he becommeth to be accompted an enimye or backward man which to remedy he must ether dissemble deeply and against his owne conscience make shew to fauour and set forward that vvhich in his hart he doth detest vvhich is the greatest calamitie misery of al other though yet many tymes not sufficient to deliuer him from suspition or els to auoyd this euerlasting perdition he must break withal the temporal commodityes of this life and leaue the benifits which his countrey and realme might yeld him and this is the ordinary end of al such men how soft sweet soeuer the beginnings be And therfore to conclude at length al this tedious speech vvherwith I feare me I haue wearied you against my wil seeing ther be so great inconueniences and dangers both temporal and eternal and in respect both of God and man of body and soule as hathe bin declared to aduance a prince of contrary religion to the crowne and cōsidering that in Ingland ther is so great diuersitie of religions as the world knoweth betweene these parties and factions that haue to pretende or admitt the next prince after her Maiestie that now is calling to mynd also the great liberty scope and authority which the common vvealth hath in admitting or reiecting the pretenders vpon dew considerations be ther right of succession neuer so playne or cleare as before hath bin shewed and laying finally before our eyes the manifold and different actes of christiam realmes before mentioned in this affaire al thes things I say being layd together you may see whether I had reason at the beginning to thinke and affirme that it was a doubtful case who should be our next prince after the Queenes Maiestie that now sitteth at the sterne and if beyond and aboue al this that I haue said our frend the common lawyer heere present shal proue also as at the first enterance he promised that amōg such as do or may pretend of the blood royal at this daye their true succession and next propinquity by birth is also incertayne and disputable then is the matter made ther-by much more ambigious and God only knowhwho shal preuaile and to him only is the matter to be commended as far as I see and vvith this I make an ende thanking you most harrely for your patience and crauing pardon for that I haue bin ouer long or for any other fault that in this speach I haue committed FINIS THE PREFACE OF THE SECOND PARTE THE Ciuilian had no sooner ended his discourse but al the company being most desirous to here what the temporal lawyer had prepared to say about the seueral titles of the present pretendors to the crowne of Ingland began with one accord to request him earnestly for the performance of his promised speach in that behalfe who shewing himselfe nether vnwilling nor vnready for the same told them that he was content to yeald to their desyers but yet with one condition which was that he would take in hand this matter with the same asseueration and protestation with the Ciuilian in some occasions had vsed before him and it liked him wel to wit that hauing to speak in this discourse of many princes peeres and nobles of the royal blood of Ingland to al which by law of nature equity and reason
vvhich end being taken away or peruerted the king becommeth a tyrant a Tigar a fearse Lion a rauening wolfe a publique enimy and a bloody murtherer vvhich vvere against al reason both natural and moral that a common wealth could not deliuer it selfe from so eminent a distruction By authority also you haue heard it proued of al law-makers Philosophers Lawyers Diuines and Gouernours of common vvealthes vvho haue set downe in their statutes and ordonances that kings shal sweare and protest at their entrance to gouerment that they vvil obserue and performe the conditions their promised otherwise to haue no interest in that dignity soueraintie By examples in like manner of al realmes christian he declared how that often-tymes they haue deposed their princes for iust causes and that God hath concurred and assisted wonderfully the-same sending them commonly very good kings after those that vvere depriued and in no country more then in Ingland it selfe yea in the very lyne and familye of this king Richard vvhose noble grand-father king Edward the third vvas exalted to the crowne by a most solemne deposition of his predecessor king Edvvard the second vvherfore in this point their can be litle controuersie and therfore vve shal passe vnto the second vvhich is vvhether the causes vvere good and iust for which this king Richard vvas esteemed vvorthy to be deposed And in this second pointe much more difference their is betwixt Yorke and Lancaster and betwene the vvhite rose and the redd for that the house of Yorke seeking to make the other odious as though they had entred by tyrannie cruelty doth not stick to auouch that king Richard vvas vniustly deposed but against this the house of Lancaster alleageth first that the howse of Yorke cā not iustly saye this for that the chiefe prince assistant to the deposing of king Richard vvas lorde Edmond hymselfe duke of Yorke and head of that familie together with Edward earle of Rutland duke of Aumarle his eldest sonne and heyre yea and his yonger sonne also Richard earle of Cambrige father to this Richard that now pretēdeth for so do write both Stow Hollingshead and other chroniclers of Ingland that those princes of the howse of Yorke did principally assist Hēry duke of Lancaster in getting the crowne and deposing king Richard Polidor speaking of the wicked gouerment of king Richard and of the first cogitation about deposing him vvhen king Henry of Lancaster vvas yet in France banished and seemed not to thinke of any such matter he hath these words Sed Edmundo Eboracensium duei eares cum primis bilem commouit quod rex omnia iam iura peruerteret quòd antea parricidio postea rapinis se obstrinxisset c. That is this matter of the wicked gouerment of king Richard did principally offend his vncle Edmond duke of Yorke for that he saw the king novv to peruert al law and equity and that as before he had defiled himselfe vvith parricide that is with the murther of his owne Vncle the duke of Glocester brother to this Edmond so now he intangled himselfe also vvith rapine in that he tooke by violence the goods and inheritance of Iohn ofGaunt late deceased vvhich did belong to Henry duke of Lancaster his cosen germaine by which wordes of Polidor as also for that the duke of Lancaster cōming out of Britayne accompaned only with three score persons as some stories say chose first to goe into Yorke-shire and to enter at Rauenspurr at the mouthe of Humber as al the vvorld knoweth which he would neuer haue done if the princes of Yorke had not principally fauoured him in that action al this I say is an euident argumēt that these princes of the house of Yorke were then the chiefe doers in this deposition and consequently cannot alleage now with reason that the said Richard was deposed vniustly Secondly the house of Lancaster alleageth for the iustifying of this deposition the opinions of al historiographers that euer haue written of this matter vvhether they be Inglish French Duch Latine or of any other nation or language vvho al with one accord do affirme that king Richards gouerment vvas intolerable he worthy of deposition wherof he that wil se more let him reade Thomas of Walsingham and Iohn Frosard in the life of king Richard Thirdly they of Lancaster do alleage the particuler outrages and insolences of king Richards gouerment and first the suffring himselfe to be carryed away with euil counsel of his fauorites and thē the peruerting of al lawes generally vnder his gouerment as before you haue hard out of Polidor the ioyning vvith his my niōs for opressing the nobility of which Stow hath these vvordes The king being at Bristow with Robert de Vere duke of Ireland Michael de la Pole Earle of Suffolke deuised how to take away the duke of Glocester the earles of Arundel VVarwick Darby and Notingham and others whose deathes they conspired thus sayeth Stow. And soone after they executed the most par of their deuises for that Thomas of Woodstock duke of Glocester vvas made away vvithout law or processe the earle of Arundel also vvas put to death and VVarwick vvas banished and so was also Thomas Arundel Archbishop of Canterbury by like injustice and the like was done to Henry duke of Hereford and after of Lancaster and among other insolences he suffred Robert Vere to dishonour and put from him his vvife a noble and goodly yong Lady as Stow sayeth and borne of Lady Isabel king Richards aunt that vvas daughter to king Edward the third and suffred Vere to marry an other openly to her disgrace and dishonour of her kynred And finaly in the last parlament that euer he held which vvas in the 21. yeare of his reigne commonly called the euel parlament he would needs haue al authority absolute graunted to certaine fauourits of his which Thomas Walsingham saith were not aboue 6. or 7. to determine of all matters vvith al ful authority as if they only had bin the vvhole realme vvhich vvas nothing in deede but to take al authority to him selfe only and Stow in his chronicle hath these wordes following This parlameut began about the 15. of September in the yeare 1397. at the beginning wherof Edward Stafford Bishop of Exceter Lord Chancellor of Ingland made a proposition or sermon in which he affirmed that the power of the king was alone and perfit of it selfe and those that do impeatch it were worthy to suffer paine of the law c. thus saith Stow by al vvhich is euident how exorbitant and contrary to al law and equity this kinges gouerment vvas Fourthly and lastly those of Lancaster do alleage for iustifying of this depriuation that duke Henry vvas called home by expresse lettres of the more and better part of al the realme and that he came vvholy in a manner vn-armed considering his person for that
after for keping of his oth that he had made vnto his father neuer pretended any right to the crowne yet king Richard knowing vvel the pretence that he and his might haue vvas stil afraid of him and sought infinite meanes to be rydd of him first by perswading him to goe and make vvarr in Spaine vvher he thought he might miscarry in so dangerous an attempt and then offering to giue him al Aquitaine if he vvould leaue Ingland to goe liue there as he did for three yeares vvith extreme peril for that the people of Aquitaine would not receaue him but rose against him and refused his gouerment and vvould not admitt him for their Lord but appealed to the king vvho also allowed therof and so vvhen Iohn of Gaunt came home into Ingland againe kinge Richard thought no better way to vveaken him then to banish his sonne Henry duke of Herford and so he did And besides this the said king Richard practised also by diuers secret drifts the death of his said vncle the duke of Lancaster as Walsingham witnesseth and vvhen the said duke came at lenghte to dye which vvas in the 22. yeare of king Richards raigne he vvrote such ioyous letters therof as frossard saith to his father in law the sixt Charles king of France as though he had bin deliuered of his chiefest enemy not immagining that his owne distructioÌ„ was so neere at hand and much accelerated by the death of the said duke as it was And these vvere the causes say the fauorers of the house of Lancaster why king Richard caused this acte of parlament to passe in fauour of Roger Mortimer in preiudice of the house of Lancaster and not for that the right of earle Mortimer vvas better then that of the duke of Lancaster And this they say is no new thing for princes often tymes to procure partial lawes to passe in parlament for matter of succession according to their owne affections for the like say they did Edward the third procure in the fauour of this Richard as before I haue shevved in the last parlament before his death and afterward againe king Richard the third vvith much more open 〈◊〉 caused an act of parlament to passe in his dayes vvherby his nephew Iohn de la pole earle of Lincolne sonne to his sister Elizabeth duchesse of Suffolke vvas declared heyre apparent to the crowne excluding therby the children of his two elder brothers to vvit the daughters of king Edward the fourth and the sonne and daughter of Georg duke of Clarence vvhich yet by al order should haue gone before their sisters children And like facilitie founde king Henry the 8. to get the consent of two parlaments to giue him authority to appointe what successor he would of his owne kynred by which authority afterward he apointed by his testament as in an other place shal be shewed that the issue of his yonger sister mary should be preferred before the issue of his eldest sister Margaret of Scotland A like declaration was that also of king Edward the sixt of late memory vvho appointed the lady Iane Gray his cosen germane remoued to be his heyre and successor in the crowne of Ingland and excluded his owne tvvo sisters the lady Mary and the lady Elizabeth from the same but these declaratioÌ„s make litle to the purpose vvhen right and equity do repugne as these men say that it did in the fore said declaratioÌ„ of Roger Mortimer to be heyre apparent for that they hold and auow the house of Lancaster to haue had the true right to enter not only after the death of king Richard the second as it did but also before him that is to say immediatly vppon the death of king Edward the third for that Iohn of Gaunt vvas then the eldest sonne which king Edward had lyuing and neerer to his father by a degree then vvas Richard the nephew About vvhich pointe to wit vvhether the vncle or the nephew should be preferred in succession of kingdomes it seemeth that in this age of K. Edward the third there vvas great trouble and controuersy in the world abroad for so testifieth Girard du Haillan Counceler and secretary of France in his story of the yeare of Christ 1346. vvhich vvas about the middest of king Edwards reigne and therfore no maruaile though king Edward tooke such care of the sure establishing of his nephew Richard in succession as is before related And much lesse maruail is it if king Richard had stil great ielosy of his vncle the duke of Lancaster and of his ofspring considering how doubtful the question vvas among the wise and learned of those dayes For more declaration vvher-of I thinke it not amisse to alleage the very vvordes of the foresaid chronicler with the examples by him recited thus then he vvriteth About this tyme sayeth he their did arise a great and doubtful question in the world whether vncles or nephewes that is to say the yonger brother or els the children of the elder should succed vnto realmes and kingdomes vvhich coÌ„trouersy put al christianity into great broyles and troobles For first Charles the secoÌ„d king of Naples begar of Mary his wife Queene and heyre of Hungary diuers children but namely three sonnes Marrel Robert and Phillip 〈◊〉 dying before his father left a sonne named Charles vvhich in his grandmothers right vvas king also of Hungary but about the kingdome of Naples the question vvas vvhen king Charles was dead who should succeed him either Charles his nephew king of Hungary or Robert his second sonne but Robert vvas preferred and reygned in Naples and enioyed the earldome of Prouince in France also for the space of 33. yeares vvith great renowne of valor wisdome And this is one example that 〈◊〉 recounteth vvhich example is reported by the famoê° lawyer 〈◊〉 in his commentaries touching the succession of the kingdome of Sicilia and he saith that this succession of the vncle before the nephew vvas auerred also for rightful by the learend of that tyme and confirmed for inst by the iudicial 〈◊〉 of Pope Boniface and that for the reasons which afterward shal be shewed vvhen vve shal treat of this question more in particuler An other example also reporteth Girard vvhich 〈◊〉 immediatly after in the same place for that the forsaid king Robert hauing a sonne named Charles which dyed before 〈◊〉 he left a daughter and heyre named Ioan neece vnto king Robert which Ioan was married to Andrew the yonger sonne of the foresaid Charles king of Hungary but king Robert being dead ther stept vp one Lewis prince of Tarranto a place of the same kingdome of Naples who vvas sonne to Phillip before mentioned vonger brother to king Robert vvhich Lewis pretending his right to be better then that of Ioan for that he vvas a man and one degree neerer to king Charles his grand father then Ioan was for that he was nephew
fauourers of the house of Lancaster that the Inglish inclined stil to acknowlege and admitt his right before his nephew and so they proclaymed this kinge Iohn for king of Ingland vvhiles he vvas yet in Normandie I meane Hubert Archbishop of Canterbury Elenor the Queene this mother Geffrey Fitzpeter chiefe iudge of Ingland vvho knew also vvhat law meant therin and others the nobles and Barons of the realme vvithout making any doubt or scruple of his title to the succession And vvheras those of the house of Yorke do alleage that king Richard in his life tyme vvhen he was to goe to the holy land caused his nephew Arthur to be declared heyre apparent to the crowne and therby did shew that his title vvas the better they of Lancaster do answere first that this declaration of king Richard vvas not made by act of parlament of England for that king Richard vvas in Normandy vvhen he made this declaration as playnly appeareth both by Polidor and Hollingshead Secondly that this declaration was made the sooner by king Richard at that tyme therby to represse and kepe downe the ambitious humor of his brother Iohn vvhom he feared least in his absence if he had bin declared for heyre apparēt might inuade the crowne as in dede vvithout that he was like to haue done as may appeare by that which happened in his saide brothers absence Thirdly they shew that this declaration of king Richard vvas neuer admitted in Ingland neither duke Iohn would suffer it to be admitted but rather caused the bishop of Ely that vvas left gouernour by king Richard vvith cōsent of the nobility to renownce the said declaration of king Richard in fauour of Arthur and to take a contrary oth to admitt the said Iohn if king Richard his brother should dye vvithout issue and the like oth did the said Bishop of Ely together withe the Archbishop of Roan that was left in equal authority with him exact and take of the citizens of London vvhen they gaue them their priuileges and liberties of cōmunaltie as Hollingshed recordeth And lastly the said Hollingshed vvriteth how that king Richard being now come home againe from the warr of Hierusalem and void of that ielosy of his brother vvhich before I haue mentioned he made his last wil and testament and ordeyned in the same that his brother Iohn should be his successor caused al the nobles there present to sweare fealtie vnto him as to his next in blood for which cause Thomas Walsingham in his story vvriteth these wordes Ioannis Filius iunior Henrici 2. Anglorum regis Alienorae Ducissae Aquitaniae non modo iure propinquitatis sed etiam testamento fratris sui Richardi designatus est successo post mortem ipsius Which is Iohn yonger sonne of Henry the second king of Ingland and of Eleanor duchesse of Aquitaine vvas declared successor of the crowne not only by law and right of neernes of blood but also by the wil and testament of Richard his brother Thus much this ancient chronicler speaketh in the testifying of King Iohns title By al which examples that fell out almost vvithin one age in diuers natiōs ouet the world letting passe many others which the Ciuilian touched in his discourse before for that they are of more ancient tymes these fauourers of the house of Lancaster do inferr that the right of the vncle before the nephew vvas no new or straunge matter in those dayes of king Edward the third and that if we vvil deny the same now vve must cal in question the succession and right of al the kingdomes and states before mentioned of Naples Sicilie Spayne Britanie Flanders Scotland Ingland whose kings and princes do euidently hold their crownes at this day by that very title as hath bin shewed Moreouer they saye that touching law in this pointe albeit the most famous Ciuil lavvyers of the world be some vvhat deuided in the same matter some of them fauouring the vncle and some other the nephew and that for different reasons As Baldus Oldratus Panormitanus and diuers others alleaged by Guillelmus Benedictus in his repetitions in fauour of the nephew against the vncle and on the other side for the vncle before the nephew Bartolus Alexander Decius Altiatus Cuiatius and many other their follovvers are recompted in the same place by the same man yet in the end Baldus that is held for head of the contrary side for the nephew after al reasons weighed to and fro he commeth to conclude that seing rigour of law runneth only with the vncle for that in deed he is properly neerest in blood by one degree and that only indulgence and custome serueth for the nephew permitting him to represent the place of his father vvhich is dead they resolue I say that vvhensoeuer the vncle is borne before the nephew and the said vncles elder brother dyed before his father as it happened in the case of Iohn of Gaunt and of king Richard their the vncle by right may be preferred for that the said elder brother could not giue or transmitt that thing to his sonne vvhich vvas not 〈◊〉 himselfe before his father dyed and consequently his sonne could not represent that vvhich his father neuer had and this for the Ciuil law Touching our common lawes the fauourers of lancaster do say two or three things first that the right of the crowne and interest therunto is not decided expresly in our lavv not it is a plea subiect to the common rules therof but is superiour and more eminent and therfore that men may not iudge of this as of other pleas of particuler persons nor is the tryal like nor the common maximes or rules alwaies of force in this thing as in others which they proue by diuers particuler cases as for example the vvidow of a priuate man shal haue her thirdes of al his landes for her dowry but not the Queene of the crowne Againe if a priuate man haue many daughters and dye seazed of any landes in fee simple vvithout heyre male his said daughters by law shal haue the said landes as coparteners equally deuided betweene them but not the daughters of a king for that the eldest must carry away al as though she vvere heyre male The lyke also is seene if a baron matche vvith a femme that is an inheretrix and haue issue by her though she dye yet shal he enioye her landes during his lyfe as tenant by curtesie but it is not so in the crowne if a man mary with a Queene as king Phillip dyd with Queene Marye and so finally they saye also that albeit in priuate mens possessions the common course of our law is that if the father dye seazed of landes in fee simple leauing a yonger sonne and a nephew that is to say a child of his elder sonne the nephew shal succede his grandfather as also he shal do his vncle if
of three bretheren the elder dye without issue and the second leaue a sonne yet in the inheritance and succession of the crowne it goeth otherwise as by al the former eight examples haue bin shewed and this is the first they saye about the common law The second pointe which they affirme is that the ground of our common lawes consisteth principally and almost only about this pointe of the crowne in custome for so say they we see by experience that nothing in effect is written therof in the common law and al old lawyers do affirme this pointe as vvere Ranulfus de Granuilla in his booke of the lawes and customes of Ingland vvhich he vvrote in the tyme of king Henry the second and Iudge Fortescue in his booke of the prayse of Inglish lawes vvhich he compiled in the tyme of king Henry the sixt and others Wherof these men do inferr that seing there are so many presidēts and examples alleaged before of the vncles case preferred before the nephew not only in forayne countryes but also in Ingland for this cause I saye they do affirme that our cōmon lawes cannot but fauour also this title and cōsequently must needs like vvel of the interest of Lancaster as they auouch that al the best old lawyers did in those tymes for example they do record two by name of the most famous learned men vvhich those ages had who not only defended the said title of Lancaster in those dayes but also suffred much for the same The one vvas the forenamed iudge Fortescue Chancelor of Ingland and named father of the common lawes in that age vvho fled out os Ingland vvhith the Queene vvife of king Henry the sixt vvith the prince her sonne and liued in banishment in france vvhere it seemeth also that he vvrote his learned booke intituled de laudibus legum Angliae And the other vvas Sir Thomas Thorope chiefe Baron of the excheker in the same reigne of the same king Henry the sixt vvho being aftervvard put into the tower by the Princes of the house of Yorke for his eger defence of the title of Lancaster remayned ther a long tyme and after being deliuered was beheaded at hygate in a tumulte in the dayes of king Edward the fourth These then are the allegations which the fauourers of the house of Lācaster do lay downe for the iustyfying of that title affirming first that Iohn of Gaunt duke of Lancaster ought to haue succeded his father K. Edward the third immediately before king Richard and that iniury vvas done vnto him in that king Richard vvas preferred And secondly that king Richard vvere his right neuer so good vvas iustly orderly deposed for his euil gouerment by lawful authority of the common wealth And thirdly that after his deposition Henry duke of Lancaster sonne heyre of Iohn of Gaunt vvas next in succession euery vvay both in respect of the right of his father as also for that he vvas two degrees neerer to the king deposed then vvas Edmond Mortimer descended of Leonel duke of Clarence and these are the principal and substancial proofes of their right and title But yet besides these they do add also these other arguments and cōsiderations following first that vvhat soeuer right or pretence the house of Yorke had the princes therof did forfeit and leese the same many tymes by their cōspiraces rehellions attainders as namely Richard earle of Cambrige that married the lady Anne Mortimer and by her tooke his pretence to the crowne vvas conuicted of a conspiracy against king Henry the fift in Southampton as before I haue said and there vvas put to death for the same by iudgment of the king and of al his peeres in the yeare 1415. the duke of Yorke his elder brother being one of the iury that condēned him This earle Richards sonne also named Richard comming afterward by the death of his vncle to be duke of York first of al made open clay me to the crowne by the title of Yorke But yet after many othes sworne and broken to king Henry the sixt he was attaynted of treason I meane bothe he and Edward his sonne then earle of march which aftervvard vvas king vvith the rest of his ofspringe euen to the nynth degree as Stow affirmeth in a parlament holden at Couentry in the yeare 1459. and in the 38. yeare of the reigne of the said king Henry and the very next yeare after the said Richard was slayne in the same quarrel but the honse of Lācaster say these mē was neuer attainted of any such crime Secondly they saye that the house of Yorke did enter only by violence by infinite blood-shedd and by wilful murthering not only of diuers of the nobilitie both spiritual and temporal but also of both king Hēry the sixt hym self and of prince Edward his sonne and by a certaine populer and mutinous election of a certaine few souldiers in Smithfield of Lōdon and this vvas the entrance of the howse of Yorke to the crowne vvheras king Henry the fourth first king of the house of Lancaster entred vvithout bloodshedd as hath bin shewed beinge called home by the requestes and letters of the people and nobility and his election admission to the crowne vvas orderly and authorized by general consent of parlament in the doing therof Thirdly they alleage that king Hēry the sixt put downe by the house of Yorke was a good and holy king and had reigned peaceably 40 yeares and neuer committed any act vvorthy deposition vvheras king Richard the second had many waies deserued the same as him selfe came to acknowledge and ther vppon made a personal solemne and publique resignation of the said crowne vnto his cosen Henry of Lancaster the which iustified much the said Henries entrance Fourthly they alleage that the housa of Lancaster had bin in possession of the crowne vppon the pointe of 60. yeares before the house of Yorke did raise trouble vnto them for the same in vvhich tyme their title was confirmed by many parlaments othes approbations and publique acts of the common vvealth and by the nobles peeres and people therof and by the states both spiritual and temporal and vvith the cōsent of al foraine nations so that if there had bin any fault in their first entrance yet vvas this sufficient to authorize the same as we see it vvas in the title of king William the Conqueror and of his two sonnes king William Rufus and king Henry the first that entred before their elder brother and of king Iohn that entred before his nephew of his sonne king Henry the third that entred after his fathers depriuation and after the election of prince Lewis of france as also of Edward the third that entred by deposition of his owne father of al which titles yet might there haue bin doubt made at the begining but by tyme and durance of possession and
vvhich they hold that he is excluded by the common lawes of Ingland from succession to the crowne for that the said lawes do bar al strangers borne out of the realme to inherite within the land and this is an argumēt hādled very largely betweene the foresaid bookes of M. Hales M. Morgan and my lord of Rosse for that the same doth concerne much the pretentions and claymes of diuers others that be strangers also by birth and yet do pretend to this succession as before hath bin declared I shal repeate breefly in this place the summe of that vvhich is alleaged of both parties in this behalfe First then to the general assertion that no stranger at al may inherite any thing by any meanes in Ingland the said bookes of M. Morgan my lord Rosse do answere that in that vniuersal sense it is false for that it appeareth playnely by that vvhich is ser downe by law in the seuēth nynth yeares of king Edward the fourth in the eleuēth fourteēth of K. Hēry the fourth that a stranger may purchase land in Ingland as also that he may inherite by his wife if he should marry an inheritrix Secondly they saye that the true maxima or rule against the inheritance of strangers is grounded only vppon a statute made in the 25. yeare of king Edward the third and is to be restrayned vnto proper inheritances only to wit that no person borne our of the allegeance of the king of Ingland whose father and mother vvere not of the same allegeance at the tyme of his birth for so are the wordes of the statute shal be able to haue or demande any heritage vvith in the same alleageance as heyre to any person Thirdly they say that this axiome or general rule cannot any way touch or be applied to the succession of the crowne first for that as hath bin declared before no axiome or maxima of our law can touch or be vnderstood of matters concerning the crowne except expresse mention be made therof and that the crowne is 〈◊〉 in many pointes that other priuate heritages be not And secondly for that the crowne cannot properly be called an inheritance of allegeance or vvithin allegeance as the wordes of the said statute do stande for that it is not holdē of any superiour nor vvith allegeance but immediatly from God And thirdly for that the statute meaneth plainly of inheritances by discent for otherwise as is said an allien may hold landes by purchase but the crowne is a thing incorporate and discendeth not according to the cōmon course of other priuate inheritances but rather goeth by succession as other incorporations do in signe wherof no king can by law auoide his letters patents by reason of his nonage as other common heyres vnder age do but he is euer presumed to be of ful age in respect of his crowne euen as a prior parson deane or other head incorporat is vvhich can neuer be presumed to be vvithin age and so as any such head incorporate though he be an allien might inherite or demaund landes in this discourse is set downe and especially by the testimonie of the L. Paget and Syr Edward Montague that said the stamp was put vnto it after the king vvas past sense yet they of the house of Suffolke are not satisfied vvith that answere for that they say that at least howsoeuer that matter of the late sealing be yet seing the king willed it to be donne drawen out and sealed it appeareth hereby that this was the last vvil and iudgment of king Henry and not reuoked by hym vvhich is sufficient saye these men to answere the intent and meaning of the realme and the authority committed to him by the foresaid two acts of parlament for the disposing of the succession vvhich tvvo acts say these men conteyning the vvhole authority of the common vvealth so seriously and deliberately giuē in so weightie an affaire may not in reason be deluded or ouer throwne now by the saying of one or two men who for pleasing or contenting of the tyme wherin they spake might say or gesse that the kings memorie vvas past vvhen the stampe was put vnto his testament vvhich if it vvere so yet if he commanded as hath byn saide the thing to be done vvhile he had memory as it may appeare he did both by the wittnesses that subscribed and by the enrolement therof in the chancery no man can deny but that this vvas the kings last wil vvhich is cnoughe for satisfying the parlamēts intention as these men do affirme A fourth argument is made against the king of Scotts succession by al the other competitors iointly and it seemeth to them to be an argument that hath no solution or reply for that it is grounded vppon a playne fresh statute made in the parlament holden in the 27. yeare if I erre not of her Maiesty that now is vvherin is enacted decreed that whosoeuer shal be cōuinced to conspire attempt or procure the death of the Queene or to be priuy or accessatie to the same shal loose al right title pretence clay me or action that the same parties or their heyrcs haue or may haue to the crowne of Ingland Vppon which statute seing that afterward the lady Mary late Queene of Scotlād mother of this king was condemned and executed by the authority of the said parlament it seemeth euident vnto these men that this king vvho pretendeth al his right to the crowne of Ingland by his said mother can haue none at al. And these are the reasons proofes arguments which diuers men do alleage against the right of succession pretended by the king of Scots But nowe if we leaue this pointe which concerneth the very right it self of his succescession by blood wil come to examine other reasons and considerations of state and those in particuler vvhich before I haue mentioned that his fauourers do alleage for the vtility and common good that may be presumed will rise to the realme of Ingland by his admission to our crowne as also the other point also of establishment of religiō by them mētioned then I say these other mē that are against his entrance do produce many other reasons and considerations also of great inconueniences as to them they seeme against this pointe of his admission and their reasons are these that follow First touching the publique good of the Inglish common wealth by the vniting of both realmes of Ingland Scotland together these men do saye that it is very doubtful and disputable whether the state of Ingland shal receaue good or harme therby if the saide vnion could be brought to passe First for that the state and condition of Scotlād wel cōsidered it seemeth that it can bring no other commodity to Ingland then increase of subiects and those rather to participate the commodities and riches of Ingland then to impart any from Scotland And then secondly
dangers of this kynde of forrayne gouermēt are and so they do answere to al the reasons and arguments alleaged in the beginning of this chapter against 〈◊〉 gouerment that either they are to be vnderstood and verified only of the third kinde of forraine gouerment before declared which these men do confesse to be dangerous or els they are founded for the most parte in the error and preiudice only of the vulgar sorte of men who being once stirred vp by the name of stranger do consider no furder vvhat reason or not reason there is in the matter and this say these men ought to moue vvisemen litle for as the common people did ryse in tumult against the french for example in Sicilia and against the Inglish in France and against the Danes in Ingland so vppon other occasions would they do also against their owne countrymen and often tymes haue so done both in Ingland other wher when they haue bin offended or vvhen seditious heades haue offred themselues to leade them to like tumults so that of this they say litle argument can be made The like in effect they do answere to the examples before alleaged of the Grecian Philosophers and orators that were so earnest against strangers And first to Aristotle they say that in his politiques he neuer handled expresly this our question and consequently weyghed not the reasons on both sides and so left it neither decided nor impugned and he that vvas master to Alexander that had so many forraine countryes vnder him could not wel condemne the same and as for Demosthenes no maruaile though he were so earnest against king Phillip of Macedonia his entry vppon the citties of Greece both for that he was wel feede on the one side by the king of Asia as al authors do affirme to the end he should set Athens and other Grecian citties against king Phillip as also for that his owne common wealth of Athens vvas gouerned by populer gouerment wherin himselfe held stil the greatest svvaye by force of his tonge with the people and if any king or Monarch of what nation soeuer should haue come to commaund ouer them as Phillipps sonne king Alexander the great did soone after Demosthenes should haue had lesse authority as he had for that presently he was banished and so continued all the tyme that Alexander lived But if vve do consider how this state of the Athenians passed afterward vnder the great monarchy of Alexander and other his followers in respect that it did before when it liued in libertye and vnder their owne gouerment only he shal finde their state much more quiet prosperous and happie vnder the commandement of a strainger then vnder their owne by whom they vvere continually tossed and turmoyled with bralles emulations and seditions and oftentymes tirannized by their owne people as the bluddy contentions of their Captaines Aristides Themistocles Alcibiades Pericles Nicias and others do declare and as it is euident amonge other thinges by their wicked lavv of Ostracismus which vvas to banish for ten yeares vvhosoeuer were eminent or of more vvisdome vvealth valour lerning or authority among them then the rest albeit he had committed no crime or fault at al. And finally their hauing of thirtie most horrible and bloody tyrants at one time in their citye of Athens in steede of one gouernour dothe euidently declare the same saye these men and do make manifest how vaine and foolish an imagination it was that vexed them how to auoyd the gouerment of straingers seing that no strainge gouernour in the vvorld vvould euer haue vsed them as they vsed themselues or so afflict them as they afflicted themselues To the obiection out of Deutronomy vvhet God appoynted the Iewes to chuse a king only of their owne nation these men do answere that this was at that tyme when no nation besides the Iewes had true religion amonge them which pointe of religion the Ciuilian hath wel declared before in his last discourse to be the cheifest and highest thing that is to be respected in the admission of any magestrate for that it concerneth the true and highest ende of a common vvealth and of al humane society and for that the Gentiles had not this ornament of true religion but were al destitute generally therof the Iewes were forbidden 〈◊〉 only to choose a king of the Gentiles 〈◊〉 might peruert and corrupt them but also 〈◊〉 companie conuerse or eate and drinke vvith them and this vvas then but yet aftervvard vvhen Christ himselfe came into the vvorld and opened his church both to Iew and gentile he tooke away this restraynte so as now al Christian nations are alike for so much as apperteyneth vnto gouerment And cōsequently to a good and wise Christian man void of passion and fonde affection it litle importeth as often before hath bin said of vvhat country nation or linage his gouernour be so he gouerne wel and haue the partes before required of pietie religion iustice manhoode and other the like requisite to his dignitie degree and charge by which partes and vertues only his subiects are to receaue benefits and not by his country generation linage or kynred and this is so much as I haue to say at this ryme about this affaire OF CERTAYNE OTHER SECONDARY AND COLLATERAL LINES AND how extreme doubt-ful all these pretences be and which of al these pretendors are most like to preuaile in the end to get the crowne of Ingland CAP. X. AFter the lawyer had ended his discourse about forraine gouerment he seemed to be somwhat wearied and said he vvould passe no further in this affaire for that he had nothing els to saye but only to note vnto them that besides these principal titlers of the fiue houses mentioned of Scotland Suffolke Clarence Britanie and Portugal their were other secondary houses and lines also issued out of the houses of Lancaster and Yorke as also of Glocester Buckingam and some other as may appeare by the genealogies set downe before in the 2. and 3. chaptres of which lines sayd he their may be perhapps consideration had also by the common wealth when tyme shal come of choise or admission the matter standing so as the Ciuilian hath largly declared shewed before which is that vppon such iust occasions as these are the common vvealth may consult what is best to be done for her good and preseruation in admittinge this or that pretender seing that this is the end why al gouerment was ordeyned to benefite the publique And for so muche as their is such variety of persons pretendēts or that may pretend in the fiue houses alredy named as before hath byn declared which persons at least do make some dosen more or lesse and that besides these their want not others also of secondary houses as is euident as vvell by the former discourse as also by the arbor that of these matters is to be seen the lawyer turned
with the course of that Lord hitherto and do thinke that they should do much better with his brother if so be he shal be thought more fitt yet are thease things vncertaine as we see but not withstanding such is the nature and fashon of man to hope euer great matters of youthes especially Princes God send al iust desires to take place and with this I wil ende and passe no further hoping that I haue performed the effect of my promisse made vnto you at the beginninge FINIS A â—â—rfect and exact Arbor and geneaâ—â—gie of al the Kynges Queenes and Prinâ—â—â— of the blood royal of EnglaÌ„d from the tâ—me of William the conqueror vnto our tâ—â—e wherby are to be seene the groundes oâ—â— the pretenders to the same crowne at thiâ—â—aye accordinge to the booke of M. R. Dâ—â—man set foorthe of the sayde pretenders and their seueral claymes this present yeare 1594. The ancient howses of the blood royal of England are the howse of Lancaster that beareth the redd rose and the howse of Yorke that beareth the vvhyte and then the howse of Britanie and France ioyned in one And out of these are made fiue particular howses which are the howse of ScotlaÌ„d of Suffolke of Clarence of Britanie of Portugal and in these are twelue different persons that by waye of succission do pretende eche one of theÌ„ to be next after her Maiestie that now is as by the booke appeareth Polyd in vita H. s. OccasioÌ„s of meeting The matter of succession discussed M. Bromely M. V VeÌ„rvvorth Tvvo lavvers Many pre tendors to the crovvne of InglaÌ„d SuccessioÌ„ doubtful vvhy Three or fovver principal heades of praetendors 1. Lancaster 2. Yorke 3. The tvvo houses ioyned Circumstances of the tyme present The Roman conclaue SuccessioÌ„ includeth also some kinde of election Of this more aftervvards Cap 4. 5. Neernes only in blood not sufficient More to be considered besides succession in the pretendors Tvvo principal pointes handled in this booke Tvvo partes of this conference Bellay apollog pro reg cap. 20. Not only successioÌ„ sufficient That no perticuler forme of gouermeÌ„t is of natu re To liue in company is natural to man the grouÌ„d of al com moÌ„ vvealthes Plato de repub Cicero de repub Aristotle polit Diuers praefes 1. InclinatioÌ„ vniuersal Pompon Mesa lib. 3. cap. 3. 4 Tacit. l. 8. 2. Aristot. l. 1. pol. c. 1. 2. 3. 4. Imbecilility of man Theoph. lib. de Plaut Plu tarch coÌ„de fortuna lib. de pietatem in parent Note this saying of Aristotle 4. The vse of iustice and FreÌ„ship Cicero lib. de amicitia The vse of charity helping one an other August lib. de amicitia Gen. 2. v. 18. That gouermeÌ„t iurisdiction of Magestrats is also of nature Necessity Iob 10. v. 12. 2. Consent of natioÌ„s Cicero li. 1. de natu ra DeoruÌ„ 3. The ciuil lavv Lib. 1. digest tit 2. 1. Scripture Prou. 2. Rom. 13. Particuler forme of gouermeÌ„t is free Arist. li. 2. polit Diuersitie of gouerment in diuers coÌ„tryes and tymes Rome Africa Greece Italie Dukes for kings and kings for dukes Spayne Boeme Polonia England The Ievves lib. Genes Lib. Exo. Lib. Iob. Lib. Iud. Lib. 1. Reg. Lib. Machab The realme chuseth her forme of gouermeÌ„t The common vvealth limiteth the gouernors authority A Natural Prince A monarchy the best gouerment A rist li. 4. pol. a. c. 9. Seneca Plutarch The antiquity of Monarchy 1 Reg. 8. Dionys. Haly l. 5. Cornel. Tacit. l. 3. Cicero l. 1. Offic. Hierom. l. 2. epist. 12 Chrisost. ho. 23. 1. Pet. 2. Tvvo poyntes to be noted Hovv S. Peter calleth a king most excellent Vtilites of a kingdome and in conueniences of other gouermentes Cicerol x offic Democratia Miseries of populer gouerment in Italy Aristocratia 〈◊〉 〈◊〉 l. 30. Eutrop. l. 3. Oros. l. 5. 6. The cause vvhy lavves be added to Kings Arist. l. 3. pol. c. vlt. A notable saying Arist. l. 3. Pol. c. 12. Arist. l. 1. Pol. c. 2. Diuers names propeties of lavves Cie lib. 2. offic Lavv is the discipline of a vveale pu blique Psal. 2. The CouÌ„cels of Princes a great healp Arist. l. 4. Pol. c. 10. The monarchie of Inglad reÌ„pered The restraints of kingly po vver in al estates Roman Kings Liu. lib. 1. dec 1. Grecian kings Arist. li. 2. c. 8. polit Plutarch in Lycurg Cic. lib. 2. 〈◊〉 Ciclib 3. de 〈◊〉 Restraints of kingdomes in Europe Sleydan lib. 8. An. 1532. Blond Di cad 2. li. 3 Crant li. cap. 25. Kingdomes of polonia and Boemia Herbert li. 9. hist. Polon Cromerus lib. 3. Hist. Polon Kinges of Spayne Fraunce and Ingland Concil blet 4. c. 74. coÌ„cil s. c. 3. Peculiar manner of succession An. 1340. Paul Anil hist. Franc. l. 2. Gerard. du Hayllan lib. 14 hist. FraÌ„c Fran. Belfor llb. 5. cap. 1. An. 1327. Reasons for succession of vvomen The infanta of Spayne Prince of Lorayne Gerard du Haillan Lib. 13. Hist. FraÌ„c Anno 1317. lib. 14. An. 1328. lib. 3. de l'Estat defrunaee Kings lavvfully possessed may be depriued A markable circuÌ„stance Agaynst rebellious people and contemnors of Princes 〈◊〉 flateries 〈◊〉 by Bellay others Belloy in apolog cath apolog pro rege The purpose of the next Chapter Tvvo pointes to be proued Nothing hear spokeÌ„ against devv respect to Princes Depriuations of kings recounted in scriptu re 1. Reg. 31. 4. Reg. 21. 44. King Iosias 2. Paralip 34. 〈◊〉 2. Paralip 35. King Dauid XenophoÌ„ in Cyropaed Nich. Machal l. 2. c. 2. in Tit. Liuius August l. de Gran. The vvisdome and piety of King Dauid 1. Paralip 15. 1. Psal. 24. 25. Thearmes of King Dauid His valor in chiualry King Dauides victoires 2. Reg. 8. Paral. 18 〈◊〉 2. Reg. 23 Ioseph l. 7 antiq c. 10 2. Reg. 7. His humi lity charity and dc uotion Kings pur doune among the romaÌ„s vvhat successors they had Halicar l. 1. Tertul. li. de praescrip contta haeres Iustin. martyr apolog Tit. liu li. 1. dec 〈◊〉 Eutrop. l. 1. Caesar Au gustus Dion in Caesa. Sueton in Caesa. Nero Vespatian Cornel. Tacit. lib. 20. 21. Egesip l. 5 Eutrop. in vita Caesa. Heliogabolus An. DnÌ„i 124. Alius laÌ„p in vita Heliog AlexaÌ„der Seuerus Herod in vit seuen MaxeÌ„tiua Constantin The chan ge of the east empy re Charles the greate An. 800. Tvvo changs in France Belfor l. 1 Girard l. 3 AEmil l. 2 Clem. Baudin en la chro mique des Roys de France Reasons of depriuation Hugo 〈◊〉 anno 988. Examples of Spayne Concil Tolet. 4. cap. 4. Ambros moral 1. II cap. 17. Isidor in 〈◊〉 hispan Esteuan de Garibay 1. 13 de la hist. de Espa. c. 15. Tabulae Astron. Alfonsinae King Don Alonso deposed Don Pedro cruel deposed Garibay l. 14. c. 40. 41. In Portugal King DoÌ„ Sancho 2. deposed Garibay lib. 4 de hist. Portug c. 19. Lib
primogenitura Genes 15 49 Deut. 21. 15. 2. Patalip 21. 3. Exod. 3. 2. Rom. 9. 13. Genes 28 27. Tvvo points to be noted Genes 29 49. Exod. 1. 2. Reg. 5. 1. Paral. 3. Tvvo cases resolued The remede of inconueniences by succession Election succession do helpe the 〈◊〉 thothen Ansvver to the 〈◊〉 principal questions 〈◊〉 〈◊〉 to be 〈◊〉 VVhat an heyre apparent is before 〈◊〉 coronatiō Examples of tnatiage VVhat respect is devv to an heyre apparent VVhy Princes do cōpt ther yeares from the death of ther predecessors Girard de Haillan l. 3. de l'estate pag. 241. No heyre apparent K. before his coronation An euident Argument A rare example of King Henry V. Polydor. virg lib. 22. hittor Angliae in vita Henrici V. Stovv in the beginning of the life of king Henry V. Notes of this act 2. 3. 4. Admissiō of more importan ce then successiō See ther lastvvords to ther frendes in Sir Tho Moore Stovv VVhy diuer kings caused ther sonnes to be crovvned in ther ovvne dayes Hirrd du Haillan lib. 6. hist. an 1001. An. 1032. An. 1061. An. 1131. An. 1180. 3. Reg. 1. Polyd. Stovv in vita Henrici 11. The occasion of the next chapter The Ciuilian cloyed vvith copy Obiectiēs The example of the Ievves 3. Reg. 8. King Saule 2. Reg. 2. 21. An obiection ansevered 2. Reg. 9. King Dauid made by electiō 2. Reg. 2. 5. Psal. 131. 2. Paral. 6. Adonias the elder sonne relected 3. Reg. 1. The motiues of Adonias 〈◊〉 to King Dauid to make Salomō his successor 3. Reg. 1. The coronation of Salomon 〈◊〉 Reg. 1. A poynt to be noted The manner of admission of the prince Roboam 3. Reg. 12. 3. Reg. 11. 5. Reg. 12. 21. Foure races of Spanish Kings Ambros. moral Lib. 11. 〈◊〉 c. 12. 2. Race Ambros. moral lib. 13. c. 3 Moral lib. 37. e. 42. 43. 44. 3. Race Garibay lib 20. c. 〈◊〉 4. 〈◊〉 Examples of the first race Concil Tol. 3. c. 3. Conc. tol 4. cap. 74. Examples of the 2. race Episcop Tuyens l. 1. histoin Ludou de Molin li. de hared King Don Pelayo Ambros Mor 1. 13. cap. 6. 9. 10. Sebast. Epise Salam in hift Hisp. K. Don Alonso y Dö fruela Moral li 13. cap. 17 An. 768. Many breaches of succession Moral e. 21. King Don Aurelio King Don Sile. King Don Alonso the chast Mor I 15. cap. 25. A strange deliberation Great authoritie of comon vvealth K. Alonso the chast reyneth the secōd tyme. Moral e. 28. 29. An. 791. Moral li. 13. cap. 45 46. Anno 842. A horible tribute King Dō Ramiro 1 by election Moral e. 51. The kingdom of Spayne a Maiorasgo K. Don Ordonio An. 924. Moral 1. 16. cap. 1. An. 924. Don Alonso 4. Don Ramiro Moral lib. 19 cap. 20. An. 930. Don Ordonio 3. An. 950. Don Sancho 1. Moral l. 16. cap. 29 An. 950. Mor. l. 17. c. 1. 2. 3. 4. The end of the race of Don Pelayo Of the disceues follovving Spanish examples in the second discent 〈◊〉 1201 Carib li. 11. cap. 12 37. Lady Elenor an Inglish vvoman Q. of Spayne Garib l. 13. cap. 10 An 1207. An Inglish Qgrād mother to tvvo king saints at once An other brech of successiō The Cerdas put bark from the crovvne 1276. Garabay l. 15. c. 1. an 1363. Many alterations of lineal discent Dō Iohn the first a bastard made king of Portugal Garib l. 15 cap 22. li. 34. c. 39. Of the state of france An. 419. An. 751. An. 988. Examples of the 2. rancke of French Kings King Pepin by election An. 751. K. Charles by election Girard du Haillan l. 3. an 768. Eginard Belfor li 2. cap. 5. The vncle preferred before the nephevv Paul mili hist. Franc. King Luys de bonnaire An. 814. Girard l. 5 An. 834. An. 840 An. 878. Baudin en la Chroni que pag. 119. Girard l. 1 An. 879. Tvvo bastards pre ferred An. 881. Luys faineant K. of France An. 886. Charles 4 le Gros. King of France Girard li. 5. An. 888 Odo a king and after Duke of vvhom came Hugo Capetus Rafe 1. King of France An. 927. An. 929 Luys 4. d'Outremer The true geyre of France excluded Hugh Capet othervvise Snatch cappe 988 Belfor li. 3. cap 1. An. 988. Defence of Hugh Capetus title The embassage of the states of France vnto Char les of Loraine Girard 1. 6 an 988. Note this comparison Examples out of the third tyme of France Girard li. 6. an 1032 K. Henry 〈◊〉 preferred before his elder brother VVilliam conqueror hovv he came to be duke of Normandie Girard 1. 6. Anno 1032. 1037. Sonnes excluded for the fathers offences Girard lib. 7. An. 1110. Belfor l. 4 c. 1. l. 5 Cōmzus in comen tar l. 1. in vita Ludouic 11. Examples of the realme of Ingland Diuers races of Inglish Kinges Thename of Ingland and Inglish King Egbert the first monarch of Inglād Polidor hist. aug li. 4. in fine An. soz King Pepin of France king Adel vvolfe An. 829. King Alfred 872. King Edvvard elder An. 900. King Aleston the Bastard 〈◊〉 An. 924. Polid. 1. 5. hist. Angl. Stovv pag. 130. An. 924. King Edmond r. An. 940. The vncle preferred before the nephevvs 946. Polid. 1. 6. Stovv in his chronicles Edgar a famous king King Edvvard Martirized K. Etheldred 978. Polid. 1. 7. hist. Ang. K. Edmēd 〈◊〉 Quere Emma mother to King Edward the 〈◊〉 Many breches of lineal succestiō Sonnes of King Edmond Ironside King Canutus the first 〈◊〉 King Edvvard the confessor made K. against right of successiō Prince Edvvard the out lavv and his children put back Polyd l 8. Harald second K. by election 1066. Polid. vbi sup VVilliam Duke of Normādy King of Ingland An. 1066. by election Girard li. 6. an 1065 Chron. Cassin l. 3. cap. 34. Antoninus part z. chron tit 16. cap. 5. 9. 1. Examples after the conquest Polyd. in vita Gul. Conq. VVilliam Rufus King An. 1087. Henry 1. An. 1100 Mathild the empresse King Stephen entred against successiē 1135. An act of parlamēt about successiē 1153. King Richard and king Iohn 1190. Prince Ar tur put back Tvvo sisters of prince Artur Duke of Britaine K. Iohn and his sonne reiected 1216. The titles of york Lācaster The con clusion of this-chapter Causes of excluding Princes VVhe must iudge of the lavvful causes of exclusiōs Open iniustice to be resisted VVhat are the cheete pointes to be regarded in a princes ad mission VVhence the reasons of admitting or re iecting a prince are to be taken Girard li. 3. de l'Estar pag. 242. Three principal points to be considered VVhy he resolueth to treat of religion principally The cheef end of a common vvealth supernatural Philosophers and lavv makers vvhat end they had of ther doings The com mon vvealth of beastes The natu ral end of mans cōmon vvealth Sacrifices and oblations by
nature Gen 8. Iob. 1. The chife end of a common vvealth magestrates is religion Genebrard l 1. Chronolde 1 aetate Genes 25. 20. Deut. 21. 2. Paral. 〈◊〉 Regard of religion among gentiles Cicero li. 1. quest tusc. de natura deorum lib. 1. Plutarch aduersus Colotem Aristo l 7 politi c. 8. The absurd Athisemo of our tyme in politiques See before the othes made by princes at their coronations in the 4. chapter The oth to gouernors for defence of religion Collat 2. Nouella constit Iuflin 〈◊〉 〈◊〉 〈◊〉 Note the forme of this othe vvryten An Dn̄i 560. Hovv great a defect is vvant of religion in a Magestrate Lack of religion the chefest cause to exclud a pretendor Vide Digest li. 23. fit 1 leg 8 10. Math. 14. Marc. 10. 1. Cor. 7. Lib. 4. decret Greg. tit 19. c. 7. VVhether 〈◊〉 in religiō be infidelity Act 23. 1. Cor. 8. 2. Cor. 5. 3. Pet. 3. Math. 18. Hovv he that doth agaynst his ovvne consciēce sinneth Rom. 14. 1. Cor. 8. 10. See vppō this place of S. Paul S. Chrisost hom 36. in 〈◊〉 epistolā Orig. l. to Theodor. in hune locum Hovv dāgrous to fauour a pretender of a contrary religion Against vvisdom and policy to preferre 〈◊〉 prince of a contrary religiē The conclusion of the vvhole speech A protestation of the lavvyer VVhy the vvil not determyne of any one title The book of Hales and Sir Nicholas Bacon The but of Hales book First reason 2. Reasun The booke of M. Morgan and iudge Browne Ansvver to the 1. reason To the 2. reason Heghingtons booke George Lilly in fine Epitchronic Anglic. Sundry importag pointes Diuers other notes and pampletes Sir Richard Shelly Franc. Peto A treatise in the behalfe of the Infāta of spaine Discent of V Villiam the Conqueror The children of the conqueror Polid. 1. 2. in fine Stovv in vita Guliel The miseries of Duke Robert and his sonne Stovv in vit Gul. Cōquest VVilliam soune of Duke Robett Belfor 1. 3. cap. 42. An. 1128. King VVilliam Rufus 〈◊〉 l. 2 del hist. del mondo K. Henry Polydor. in vita Henrici 1. The house of Britany by the elder daughter of the Conqueror Belfor l. 3 Pag. 423. Conan Duke of Britanie poysened by VVilliam Con queror Belfor l. 3 cap. 12. An. 1065. ex chronic dionis The daughters of spaine are of the blood royal of Ingland The houses of Aloys VVhy Stephen vvas admitted king of Girard l. 6 Belfor l. 3 The issue of king Stephen K. Henry the 2. Belfor l. 3 cap. 50. An. 1151. Gerard. l. 8. pag. 549 K. Henry the 2. his issue Stovv in vita Henci King RIchard Duke Geffrey Paradyn apud Belforest Belfor l. 3 cap. 71. An. 1203. Belfor l. 4 cap. 4. K. Iohn and his issue Miseries that fell vppō king Iohn Polid. Hol lings Stovv in vitae Iohannis The issue of king Henry the 2. hys daughters Belfor l. 3 cap. 49. An. 1152. The issue of Lady Eleanor Queene of spaine Polidor l. 15. in vit Iohan Stephen Garib li. 22. cap. 31 Queene Berenguela Garibay li. 12. c. 52 Pretences of the Infanta of spayne to Inglish French states K. Henry the 3 and his issue The meeting of three houses Prince Edvvard Duke Edmond Lad. Beatrix daughter of king Henry 3. The pede gree of the dukes of Britanie The great contention betvveene the houses of Mō ford and Bloys in Britanie Burgundy and Orleance The controuersie betvveene the house of monford and Bloys A Questiō about successiō betven the vncle and the neece The house of Blois ouer come The suecession of the Monfords in Britanie Francis last Duke of Britany Hovv the dukdome of Britanie vvas vnited to france 3. The issue male of king Hēry the 〈◊〉 The Bishop of Rosle in his booke of the Q. of Scotts title George Lilly in fine epitomes chron Anglic. That Edvvard vvas the elder Matheus vvest in vit Henrici 3. bollings Ibidem pag. 654. 2. 3. Holling head in vit Henrici 3. pag. 740. 777. 4. Edmonds line neuer pretended to the crovvne 5. Note this consequent 6. The elder ship of Edmond a fiction Polyd in fine vitae Hent 3. The issue of king Edvvard the first The issue of Edmond Crock-back Collateral lynes of Lācastez Fyue sonnes of K. Edvvard 3. The redd rose and the vvhite issue of the black prince The issue of leonel the 2. sonne The issue of Edmond the 4 sonne The issue of Thomas the 5. sonne The issue of the 3. sonne duke of Lancan The issue by Lady Blanch. L. Phillip marryed into Portugāl and her issue Lady Elizabeth second daughter The issue of King Henry the 4. The issue of Iohn of Gant by his 2. vvife The controuersie in Spaine betvveene King Peter the cruel and his bastard brother Garibay l. 15 c. 26. Of Lady Catherin Svvinford hollings head in vita Richardi 2. pag. 1088. The duke of Lancasters ba stards made legitimate Hollingh in vita Rich. 2. pag. 1090. The issue of Catherin Svvinfords chil dren K. Hēry 7. The dukes of Somerset Polidor hist. Ang. lib. 23. Hollings in vita Edvvadi 4. pa. 1314 1340. VVhat heyres of Lancaster novv romaine in The issue of the house of York Richard Earle of Cambrige executed Richard duke of York slayne Edvvard duke of York and King his issue The lyne of the Pooles The lyne of the hastings The Baringtons King Richard 3. Issue of king Henry the 7. Issue of the lady Mary of Scotland Issue of mary 2. sister to K. Henry Lady Francis Stovv An. 7. Edvvard 6. Of Lady Elen or of Suffolk Varietie of authores opinions about this controuersie Polydor in fine vit Henr. 3. initio vit Henr. 4. in vit Rich. An. 1386. The allegations of the house of yorke The storie of the controuersie betvveene Lancaster York Polydor. in vita Richard 2. lib. 20. King Richards de position Cheefe points of the controuersie betvveene Lancaster and York Three pointes about king Richards depositiō That a trevv K. maye be deposed 〈◊〉 Reason 2. Authority 3. Examples VVhether the causes vvere sufficient of King Rich. deposition The house of York chiefe doer in deposing King Richard Polyd. lib. 20. histor Angl. Addit ad Polycromicon Testimony of stories The euil gouermēt of king Richard Stovv in vit Rich. 2. pag. 502 regni 11. Agreat insolēcy The euel parlamēt Stovv an 21. regni Richard The duke of Laneaster called by common request Frosard VValsingham VVhether the manner of deposing King Richard vvere good 1. Roboam deposed by his subiects of ten tribes 2. Reg. 11 12. 2. Paralip cap. 10. Ioram his mother Iesabel deposed by force 4. Reg. 9. 5. Athalia depriued by force 4. Reg. 11. VVhether Lancaster or Yorke should haue entred after king Richard Polidor L. 20. in vit Richard Stovv 〈◊〉 vita Richard 2. VVhether the earle of march or duke of Lancaster should haue luc ceded
their king Chintilla was present in Tolledo as Ambrosio Morales noteth And thus much of Spayne before the entrance of the Moores and before the deuiding therof into many kingdomes which happened about a hundreth yeares after this to wit in the yeare of our Sauiour 713. and 714. But after the Moores had gayned al Spayne and deuided it betwene them into diuers kingdomes yet God prouided that vvithin fowre or fiue yeares the christians that were left and fledd to the Mountaynes of Asturias Biscay found a certaine yong Prince named Don Pelayo of the ancient blood of the Gotish kings vvho vvas also fled thither and miraculously saued from the enemyes whom they chose straight vvaies to be their king and he began presently the recouery of Spayne and was called first king of Asturias and afterward of Leon and after his successors gatt to be kings also of Castilia and then of Toledo and then of Aragon Barcelona Valentia Murcia Cartagena Iaen Cordua Granade Siuil Portugal and Nauarra al which were different kingdomes at that tyme so made by the Moores as hath bin said And al thes kingdomes were gayned againe by litle and litle in more then 7. hundred yeares space which were lost in lesse then two yeares and they neuer came againe in deede into one Monarchie as they were vnder Don Rodrigo ther last king that lost the whole vntil the yeare of our Lord 1582. when Don Philippe now king of Spayne re-vnited againe vnto that crowne the kingdome of Portugal which was the last peece that remayned seperated and this vvas almost 900. yeares after Spaine was first lost But now to our purpose the chronicler of Spayne named Ambrosio Morales doth record in his chronicle a certaine law written in the Gotish tonge and left since the tyme of this Don Pelayo the first king after the vninersal distruction of Spaine and the title of the law is this Como se an de leuantar Rey en Espn̄a y como el ha de Iurar los fueros that is to saye how men must make ther king in Spaine and how he must sweare to the priuileges and liberties of that nation And then he putteth the articles of the law wherof the first saith thus Before al thinges it is established for a law liberty and priutledge of Spayne that the king is to be placed by voius and consent perpetually and this to the intent that so euel king may enter without consent of the people seing they are to giue co him that which with ther blood and laboures they haue gayned of the Moores Thus far goeth this first article which is the more to be marked for that diuers and thos most ancient spanish authors do say that from this Don Pelayo the succession of kings descended euer by propinquity of blood and yet vve see that election was ioyned ther vvithal in expresse termes The second part of the law conteyneth the manner of ceremonyes vsed in those old dayes at the admission of their kings which is expressed in thes wordes let the king be chosen admitted in the metropolitan citie of this kingdome or at least wise in some cathedral church and the night before he is exalted let him watch al night in the church and the next day let him heare masse and let him offer at masse a peece of scarlet and some of his owne money and after let him communicate and when they come to lift him vp let him step vppon a buckler or target and let the cheife and principal men ther present hold the target and so lifting him vp let them and the people cry three tymes as hard as they can Real Real Real Then let the king comaund some of his owne money to be cast among the people to the quantity of a hundreth shillings and to the end he may giue al men to vnderstand that no man now is aboue him let him self tye on his owne sword in the forme of a crosse let no knight or other man beare a sword that day but only the kinge This was the old fashion of making kings in spayne which in effect and substance remayneth stil though the manner therof be somewhat altered for that the spanish kings be not crowned but haue an other ceremony for their admission equal to coronation which is performed by the Archbishop of Toledo primat of al spayne as the other coronations before mentioned are by the Archbishop of Moguntia to the Emperor and by the Archbishop of Guesna to the king of Polonia and by the Archbishop of Praga to the king of Boemia and by the Archbishop of Braga to the king of Portugal and by the Archbishop of Canterbury to the king of Ingland and by the Archbishop of Rhemes to the king of France of which realme of France we may not omit to say somewhat in particuler seing it is so goodly a kingdome and so neere to Ingland not only in situation but also in Lawes manners customes and as the race of Inglish kings haue come frō them in diuers manners since the conquest so may it be also supposed that the principal ceremonies and circumstances of this actiō of coronation hath bine receaued in like manner from them First then touching the acte of coronation and admission of the king of France euen as be fore I haue said of Spayne so also in this kingdom do I find two manners of that action the one more ancient which the French do say hath indured in substance from ther first Christian king named Clodoueus vnto this day which is about eleuē hundred yeares for that Clodoueus vvas christened the yeare of our Lord 490. in the cytie of Rheims by S. Remigius Bishop of that citie and annointed also and crowned king by the same bishop which manner and order of anoynting and coronation endured after for about 6. hundred yeares vnto the tyme of Henry the first king Phillip the first his sonne both kings of France At vvhat tyme which is about 500. yeares a gone both the Chroniclers and Cosmographers of France do teftifie that ther was a peculier booke in the library of the church of Beuais conteyning the particuler order of this action which had endured from Clodoueus vnto that tyme. Which order for so much as toucheth the solemnitie of officers in the coronation and other like circumstances vvas far different at that tyme from that which is now for that in those dayes ther were no peeres of France appointed to assist the same coronation which now are the chiefe and the greatest part of that solemnirie Yea Girard du Hailan secretarie of France in his third booke of the affaires and state of that kingdome sayth that the ceremonies of crowning their old kinges were much after the fashion which I haue noted a litle before in this very chapter out of the law of Don Pelayo first king of Spaine after the Moores for
their vvas raysed by some kynde of men about the comming in of king Phillip and what their vvas like to haue byn about the entrance of Monsieur if that purpose had gone for-ward I remember wel said the Lawyer and these men that are of this opinion vvil say to this that it vvas but a populer mutiney without reason or any good grounde at all and only raysed by some crasty heades that misliked the religiō of the princes that were to enter and for some other driftes of their owne but not of any sound reason or argument of state which these men thinke rather to be of their side in good sooth they alleage so many argumentes for their opinion that if you should heare them you would say it weare hard to iudge which opinion had most truth but they are to longe for this place and so said he I shall make an end of the matter that I haue in hand and leaue this pointe for others to discusse With this the whole companye fhewed maruelous great desire to know the reasons that vvere in both parties for this matter so much the more for that it seemed to fal very fit to the purpose of these pretences of forayne princes for vvhich cause they intreated him very instantly that before he passed any further or ended his vvhole discourse of the titles vvhich hitherto they said had greatly contented them he would stay himselfe a litle also vppon this matter which though for a tyme he made great difficultie to do yet in the end beinge so importuned by them he promised that at their meeting the next day he would satisfie their desire and so for that tyme they departed very wel contented but yet as they saide vvith their heades ful of titles and titlers to the crowne VVHETHER IT BE BETTER TO BE VNDER A FORRAINE OR HOMBORNE PRINCE and whether vnder a great mightie Monarch or vnder a litle prince or King CAP. IX THE companye being gathered together the next day and shewing much desire to heare the pointe discussed about forraine gouerment wherof mention had bin made the day before the lawyer began to say that for so much as they would needs haue him to enter into that matter which of it selfe vvas ful of preiudice in most mens eares and myndes for that no nation commonly could abide to heare of being vnder strange gouernours and gouerments he ment to acquite himselfe in this their request as he had done in other matters before vvhich vvas to lay downe only the opinions and reasons of other men that had disputed this affaire on both sides before him and of his owne to affirme or deny nothing And first of al against the dominions of strāgers and Forriners he said that he might discourse without end and fil vp vvhole bookes and volumes vvith the reasons and arguments or at least vvise vvith the dislikes and auersions that al men commonly had to be vnder strangers or to haue any alliens to beare rule or charge ouer thē be they of what cōdition state or degree soeuer and in this he said that as wel philosophers lawmakers wise and good men as others do agree commonly for that vve see both by their wordes writinges and factes that they abhorr to subiect themselues to strang gouerments so as in al the eight bookes of Aristotles politiques you shal still see that in al the different formes of common vvealthes that he setteth downe he presupposeth euer that the gouerment shal be by people of the selfe same nation and the same thing do presume in like manner al those lawmakers that he their mētioneth to vvit Minois Solon Licurgus Numa Pompilius and the rest and he that shal reade the famous inuectiues of Demosthenes against the pretentions of king Phillip of Macedonia that desired to incroch vppon the Athenians and other states of Greece as also his orations against AEschines his aduersarie that vvas thought secretly to fauour the said forrayne prince shal see what hatred that noble Orator had against forraine gouerment and he that shal read the bookes of our tyme either of the Italians vvhen they spake of their subiection in tymes past to the Lōbardes German or french nacions or to the spaniards at this day or shal consider vvhat the french do presently vvrite inueigh against the power of the house of Guyse and Lorayne in Frāce for that they take them to be straingers shal easely see how deeply this auersion against strangers is rooted in their hartes and this for testimony of vvord But now if vve vvil consider the factes that haue ensued about this matter and how much blood hath bin shedd and vvhat desperat attempts haue bin taken in hand by diuers nations for auoyding their subiection to strāgers or for deliuering themselues from the same againe if once they haue fallen into it you shal behold more plainly the very impression of nature herselfe in this affaire for of diuers barbarous nations realmes citties we reade in stories that they rather chose to slea murther themselues then to be vnder the dominiō of strangers others haue aduentured strang attemptes bloody stratagems as the Sicilians who in one day and at the selfe same hower at the tyme of euening song slew al the frenchmen that vvere within the Iland vvhom yet themselues had called and inuited thither not long before and the like is recorded in our Inglish stories of killing the danes by Inglish men at one tyme in most ruful manner and the like was oftentymes thought on also by the Inglish against the Normans when they oppessed vs and by the French against the Inglish whiles we had dominion in France though nether the one nor the other of these latter desigmēts could be effectuated for want of forces and commoditye and by reason of the watchfulnes of the contrary part But yet to speake only of France the rage and fury of the french vvas generally so great and implacable against the Inglish that gouerned theare in the reigne of king Henry the sixt as both Polidor other stories do note at what tyme partly by the dissentions of the houses of York Lancaster in Ingland and partly by the valour of their owne new king Charles the seuenth they had hope to be ridd of the Inglish dominion as no persuasion or reason no feare of punishment no force of armes no promisse or threat no danger no pittie no religion no respect of God nor man could repres or stay them from rysing and reuolting euery where against the Inglish gouerment and gouernours murthering those of the Inglish nation in al partes and corners whersoeuer they found them without remorse or compassion vntil they were vtterly deliuered of their dominion So as this matter is taught vs say these men euen by nature her selfe that strangers gouerment is not to be admitted and moreouer the reasons before alleaged against the king
of Scotlands pretence together vvith the examples and iudgements of the realmes of Spayne and Portugal vvho resolued rather to alter the true order and course of their succession then to admit strangers ouer them do playnely confirme the same And last of al say these men the authoritie of holy scripture is euident in this behalfe for that vvhen God in Deutronomie did fortell by Moyses that the Iewes in tyme would come to change their gouerment and to desire a king as other nations rounde about them had he added yet this expresse conditiō that he should be only of their owne nation for he sayeth Constitues eum quem Dominus Deus tuus elegerit de numero fratrū tuorum non poteris alterius gentis hominem regem facere qui non sit frater tuus that is thow shalt make king at that tyme such a one as thy lord God shal chuse for that dignity out of the number of thy brethren but thovv mayst not make a king of any other nation but of thy owne brethren Thus say these men against admitting of strangers and it seemeth that their opinion and affection hath many followers for that generally we see most men affected and inclined this way But yet on the other side there wāt not other men vvho appeare bothe wise dis passionate graue that vvil seeme to consider this matter far otherwise and do say that al this is but a common vulgar preiudice of passionate men against strangers rysing partly by corruption of nature vvherby men are inclined to thinke euil of others and to beare them little affectiō especially such as gouerne and beare rule ouer them and so much the lesse by how much farther of they are from vs in kynred and acquaintance and partly also they saye that the same riseth of lacke of dew consideration in the most parte of men for that they weigh not the true reasons causes or effects of things but only the outward shew and so do runne away vvith the opinion and apprehensiō of the populer which for the most parte hath no other ground or foundation in it but only fancy and imagination orincitation of others that indeuour to procure tumults and so they say it falleth out in this pointe as vppon examination it shal appeare And for proofe and declaration of this their assertion they do require first of al that this ordinarie and common preiudice against strangers or strang gouerments be laid a side so long at least as the matter is in disputation and that only the true effects of good and profitable gouerment may be cōsidered without that other circumstance whether these frutes do come from stranger or hom-borne prince which effects are peace rest iustice defence of the innocent punishment of the wicked vvealth securitie and other such benefites that good gouerment is wont to bring with it to the subiects These things say these men are to be vveighed indifferently and vvithout passion by wisemen and vvheresoeuer these effects are more abundantly to be founde their the gouerment is best and their the subiects are in best case vvhatsoeuer the gouernours be or of what nation or country soeuer they be And this they shew by this example following If in two countryes or common wealthes lying nigh together the subiects of the one should liue in al ease vvealth and prosperity vnder a strainger as diuers states did vnder the Romans and in the other they should be beaten whipped and afflicted vnder a hom-borne prince as vve reade the Sicilians were vnder Phalaris and Dionisius their countrymen tyraunts cleare it is say these men that the stripes and afflictions vvould not seeme the easyer for that they come from a natural prince but rather the heauier and the others happye case vnder the strainger must needs seeme to be the better and consequently his gouerment rather to be wished for that in very truth the goodnes defect of euery gouerment is to be measured by the effects there of that redound vnto the subiects for vvhose good it vvas first ordeyned as oftentymes our frend the Ciuil lawyer hath touched and proued before And vvhen the subiects do liue vvel and prosperously are defended and maynteyned in peace saftie and vvealth when iustice is done equally to al men the vvicked punished and the good aduanced and rewarded when God is honoured and true religion mainteyned and vertue promoted this is that vvhich importeth the realme subiectes and not vvhere or in vvhat contrye the prince and his officers vvere borne or of vvhat nation language or kynred they be For that be the prince of vvhat linage or kynred soeuer yet after he is once established in his dignity the common subiect can haue no more conuersation vvith him nor receaue any more personal benefite of him then if he vvere a meere strainger except only by those commō and publique effects of his gouerment before mentioned for that so soone as he is placed in his dignity he becommeth a stranger to me and if he gouerne euel and afflict me litle auayleth it to me vvhether he be of my blood and country or no and I may say as the people of Israel in like case said vnto Roboam vvho for that he vvas king Dauids nephew and of the house of Isai thoughte his ftate assured for that he vvas their Lord and natural prince and so might presse and afflict them at his pleasures but they answered him plainly Que nobis parsin Dauid vel quae haereditas in filio Isai what part haue vve in Dauid or vvhat inheritance haue vve in the sonne of Isai and fo they left him and rather chose to be vnder Ieroboam a stranger and his seruant then vnder him This then is the first pointe which these men do demaund to vvit that vve consider equally and according to reason wisdome and truth without al partial affection vvhere by whō and by vvhat gouerment vve are likest to receaue and enioy the good and happie effects a boue mentioned of prosperitie to the subiect for that without al doubt say they that gouerment is to be deemed best and that subiection happiest vvhere those benifites are most enioyed let the prince or gouernour be of what nation or linage soeuer And on the other side that must needs be the vvoorst gouermēt vnto me vvhere I shal reape fewest and participat least of those effects be the prince neuer so much my country mā or kinsman and though he were borne in the same citie towne or house yea in the same belly with me As for example those men that liued say they in Spaine vnder king Peter the cruel or in Ingland vnder king Richard the third commonly called the tyrant what did it auayle them that those princes vvere of their owne country or blood seing they did that vnto them vvhich a strainger though neuer so barbarous would scarse haue done As in like manner al those