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A09097 A conference about the next succession to the crowne of Ingland diuided into 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. Allen, William, 1532-1594.; Parsons, Robert, 1546-1610, attributed name. 1595 (1595) STC 19398; ESTC S114150 274,124 500

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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
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 ●●rfect and exact Arbor and genea●●gie of al the Kynges Queenes and Prin●●● of the blood royal of Englād from the t●me of William the conqueror vnto our t●●e wherby are to be seene the groundes o●● the pretenders to the same crowne at thi●●aye accordinge to the booke of M. R. D●●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 Scotlād 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 thē to be next after her Maiestie that now is as by the booke appeareth Polyd in vita H. s. Occasiōs of meeting The matter of succession discussed M. Bromely M. V Vērvvorth Tvvo lavvers Many pre tendors to the crovvne of Inglād Successiō 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 Successiō 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 successiō sufficient That no perticuler forme of gouermēt is of natu re To liue in company is natural to man the groūd of al com mō vvealthes Plato de repub Cicero de repub Aristotle polit Diuers praefes 1. Inclinatiō 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 cōde fortuna lib. de pietatem in parent Note this saying of Aristotle 4. The vse of iustice and Frēship Cicero lib. de amicitia The vse of charity helping one an other August lib. de amicitia Gen. 2. v. 18. That gouermēt iurisdiction of Magestrats is also of nature Necessity Iob 10. v. 12. 2. Consent of natiōs Cicero li. 1. de natu ra Deorū 3. The ciuil lavv Lib. 1. digest tit 2. 1. Scripture Prou. 2. Rom. 13. Particuler forme of gouermēt is free Arist. li. 2. polit Diuersitie of gouerment in diuers cōtryes 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 gouermēt 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 Coūcels of Princes a great healp Arist. l. 4. Pol. c. 10. The monarchie of Inglad rēpered 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. cōcil s. c. 3. Peculiar manner of succession An. 1340. Paul Anil hist. Franc. l. 2. Gerard. du Hayllan lib. 14 hist. Frāc 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. Frāc Anno 1317. lib. 14. An. 1328. lib. 3. de l'Estat defrunaee Kings lavvfully possessed may be depriued A markable circūstance 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 spokē 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 Xenophō 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 romās 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. Dn̄i 124. Alius lāp in vita Heliog Alexāder Seuerus Herod in vit seuen Maxētiua 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 Dō Sancho 2. deposed Garibay lib. 4 de hist. Portug c. 19. Lib