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A56468 A conference about the next succession to the crown of England divided into two parts : the first containeth the discourse of a civil lawyer, how and in what manner propinquity of bloud is to be preferred : the second containeth the speech of a temporal lawyer about the particular titles of all such as do, or may, pretend (within England or without) to the next succession : whereunto is also added a new and perfect arbor and genealogy of the descents of all the kings and princes of England, from the Conquest to the present day, whereby each mans pretence is made more plain ... / published by R. Doleman. Parsons, Robert, 1546-1610.; Allen, William, 1532-1594.; Englefield, Francis, Sir, d. 1596? 1681 (1681) Wing P568; ESTC R36629 283,893 409

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were exasperated by the proceedings of their seventh King named Lucius Tarquinus surnamed the proud who for that as Livius saith he neglected the Laws of Government prescribed to him by the Commonwealth as namely in that he consulted not with the Senate in matters of great importance and for that he made War and Peace of his own head and for that he appointed to himself a Guard as though he had mistrusted the People and for that he did use Injustice to divers particular men and suffered his Children to be insolent he was Expelled with all his Posterity and the Government of Rome changed from a Kingdom unto the Regiment of Consuls after that the other had endured two hundred years And thus much for those Kingdoms of Italy and Greece And if likewise we will look upon other Kingdoms of Europe we shall see the very same to wit that every Kingdom and Country hath its Laws prescribed ●o their Kings by the Common-wealth both for their Government Authority and Succession in the same For if we behold the Roman Empire it self as it is at this day annexed to the German Electors though it be the first in dignity among Christian Princes yet shall we see it so restrained by particular Laws as the Emperor can do much less than other Kings in theirs for he can neither make War nor exact any contribution of Men or Money thereunto but by the free leave and consent of the German Dyet or Parliament and for his Children or next in Kin they have no Action Interest or Pretence at all to succeed in their Fathers Dignity but only by free Election if they shall be thought worthy Nay one of the chiefest points that the Emperor must swear at his entrance as Sleydan writeth is this That he shall never go about to make the Dignity of the Emperor peculiar or hereditary to his Family but leave it unto the seven Electors free in their power to chuse his Successor according to the Law made by Pope Gregory the fifth and the Emperor Charles the fourth in this behalf The Kingdoms of Polonia and Bohemia do go much after the same fashion both for their restraint of Power and Succession to their Kings For first touching their Authority they have great limitation neither can they do any thing of great moment without the consent of certain principal men called Palatines or Castellans neither may their Children or next of Bloud succed except they be chosen as in the Empire In Spain France and England the priviledges of Kings are far more eminent in both these points for that both their Authority is much more absolute and their next in Bloud do ordinarily succeed but yet in different manner For as touching Authority it seemeth that the Kings of Spain and France have greater than the King of England for that every Ordination of these two Kings is Law in it self without further approbation of the Commonwealth where no general Law can be made without consent of Parliament But in the other point of Succession it appeareth that the restraint is far greater in those other two Countries than in England for that in Spain the next in Bloud cannot succeed be he never so lawfully descended but by a new approbation of the Nobility and Bishops and States of the Realm as it is expresly set down in the two ancient Counsels of Tolledo the fourth and fifth In confirmation whereof we see at this day that the King of Spain's own Son cannot succeed nor be called Prince except he be first sworn by the said Nobility and States in token of their new consent and so we have seen it practiced in our days towards three or four of King Philip's Children which have succeeded the one after the other in the title of Princes of Spain and at every change a new Oath required at the Subjects hands for their admission to the said Dignity which is not used in the Kings Children of France or England In France the World knoweth how Women are not admitted to succeed in the Crown be they never so near in Bloud neither any of their Issue though it be Male. For which cause I doubt not but you remember how King Edward the third of England though he were Son and Heir unto a Daughter of France whose three Brethren were Kings and left her sole Heir to her Father King Philip the fourth surnamed the Fair yet was he put by the Crown as also was the King of Navar at the same time who was Son and Heir unto this Womans eldest Brothers Daughter named Lewis Huttin King of France which King of Navar thereby seemed to be before King Edward of England but yet were they both put by it and Philip de Vallois a Brothers Son of Philip the Fair was preferred to it by general Decree of the States of France and by Verdict of the whole Parliament of Paris gathered about the same Affair Neither did it avail that the two Kings aforesaid alledged That it was against Reason and Conscience and Custom of all Nations to exclude Women from the Succession of the Crown which appertained to them by propinquity of Bloud seeing both Nature and God hath made them capable of such Succession every where as appeareth by Example of all other Nations and in the Old Testament among the People of God it self where we see Women have been admitted unto Kingdoms by Succession But all this I say prevailed not with the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara Infanta of Spain unto the said Crown of France though by descent of Bloud there 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 against the Prince of Lorrain that now liveth though he be a Man and Nephew to the last King for that his Title is by a Woman to wit his Mother that was younger Sister unto the last King Henry of France And albeit the Law called Salica by the French-men by virtue whereof they pretend to Exclude the Succession of Women be no very ancient Law as the French themselves do confess and much less made by Pharamond their first King or in those ancient times as others without ground do afirm yet do we see that it is sufficient to bind all Princes and Subjects of that Realm to observe the same and to alter the course of natural descent and nearness of Bloud as we have seen and that the King of Navar 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 Crown though in nearness of Bloud they be farther off by many degrees from the last King Henry the third than either the foresaid Infanta of Spain or the Prince of Lorrain that now is who are Children of his
this of Portugal or by both though to determine this first and chief point who is the next and true Heir unto these foresaid King and Queen of Portugal the Laws of Portugal must needs be Judge and not those of England and so seeing that by these Law● of Portugal the King of Spain is now adjudged for next Heir to the said Prince and is in possession of their Inheritance at this day I mean of the Crown of Portugal these men say that he must consequently Inherit also all other Rights Dignities and Prerogatives belonging to the foresaid Princes or to their Posterity And thus you see now how great diversity of Arguments and Objections is and may be alledged on different sides about this Affair whereby also is made manifest how doubtful and ambiguous a matter this point of English Succession is seeing that in one onely branch of the Pretenders which is in the House of Portugal alone there are so many difficulties as here hath been touched But now the common Objection against all these Titles and Titlers is that they are old and out of use and not to be brought in question again now especially seeing that both King Henry the VII and his Issue have enjoyed so long the Title of the House of Lancaster as it hath and secondly that these Titles do appertain unto Strangers whose Government may be dangerous many ways unto England and especially in that which toucheth the King of Spain who being so Great and Mighty a Monarch as he is may prejudice greatly the English Liberty and easily bring them into servitude if his pretence should be Favoured as by some it seemeth to be This is the Speech of many men in England and abroad at this day whereunto yet some others do answer that as concerning the first Objection of the oldness of the Pretence and Title it hath shewed before that by Law no Title to a Kingdom dyeth ever but may take place whensoever the Party to whom it belongeth is able to avouch it and get possession and as for this pretence of the Line of Portugal they say that it hath not such great age but that very well it may shew it self and be had in consideration especially at this Time w●●n now the Issue Male of King Henry the VII is ended and that of Necessity we must return to have consideration of the Issue of his Daughters before which Daughters good Reason say these men is it that the Issue of Lady Philippa Queen of Portugal should be admitted for that albeit we would have that respect to the Issues Male of John Earl of Somerset as to prefer it or suffer it to enjoy the Crown before the Issue of Queen Philippa and so they say it seemeth that it was for that King Henry the VII was Crowned King his Mother being alive which yet by ordinary course of Succession should have gone before him yet say they it is no reason that the Issue-Female of John of Somerset or of King Henry the VII should be preferred before the Issue-Male of the said Queen Philippa Moreover they say that the House of Clarence and Hutnington do pretend a Title more old and stale at this day than this of Portugal for that they pretend from George Duke of Clarence that never had the Crown and these of Portugal pretend to be next Heir to King Henry the VI. that did wear the Crown of England for 40. Years together after whose death if King Alfonsus of Portugal who was then old and wearied with evil success of Wars had been so able to prefer and follow his Title as some of that House be at this day he would never have suffered the House of York to have entred nor King Henry the VII to have enjoyed it after them by the Title of Lancaster which Title yet of Lancaster say these men King Henry the VII could not have in himself any way whether we respect Queen Philippa or John of Somerset for by Queen Philippa they of Portugal were evidently before him and by way of John of Somerset the Countess his Mother was as clearly before him neither could he have any Title as yet by the House of Y●rk for that he was not yet married to the Daughter of King Edward so as his Crowning in the Field and whole entrance to the Kingdom was without any actual Title at all but only the good will of the People as these men do hold To the other Objection of 14. Princes and strange Government that may come to England by these pretences of the Princes of Portugal divers men do answer diversly for some do grant that it may be so that by this means England may come to be under Foreign Kings and that no hurt or inconvenience at all would ensue thereof to England but rather much Good and Commodity but other that like not well of this assertion do say further that if these Foreign pretences should take place yet that all matters might be so compounded that albeit the Prince himself which is to Rule should be Foreign born which they take to be no Inconvenience yet that his Forces and Dependance should be only of the English for that he should not bring in any strange Powers into the Land no more than did King Stephen or King Henry the II. that were born in France or than did King Philip of Spain in Queen Marys days or as it is thought Monsi●ur of France should have done if he had married her Majesty that now is as once it was supposed he should To this said one of the Company and is it possible that any man should be of opinion that Foreign Government in what manner or kind soever it be should not be inconvenient and hurtfull to England where the People are wholly bent against it you remember quoth he as concerning the last two Examples that you have alledged what Tumult and stir there was raised by some kind of Men about the coming in of King Philip and what there was like to have been about the entrance of Monsieur if that purpose had gone forward I remember well said the Lawyer and these men that are of this opinion will say to this that it was but a Popular Mutiny without Reason or any good Ground at all and only raised by some crafty Heads that misliked the Religion of the Princes that were to enter and for some other drifts of their own but not of any sound Reason or Argument of State which these men think rather to be of their side and in good sooth they alledge so many Arguments for their Opinion that if you should hear them you would say it were hard to judge which Opinion had most Truth but they are too long for this place and so said he I shall make an end of the matter that I have in hand and leave this point for others to discuss With this the whole Company shewed marvellous great desire to know
of all the Roman Emperours and in the Life of one of them that was an excellent Governour named Antonius Pius the said Knight hath this discourse ensuing There was in this mans Governments said he great Contentment and Joy on all hands great Peace and Quietness and very great Justice and truely it is a thing worthy in this place to be considered what was the humane Power and how infinite the Forces of the Roman Empire at this day and how great was the Liberty Quietness Security Wealth and Contentment of the Subjects that lived under that Government when good Princes had the managing thereof as was this Antoninus and his Son Aurelius that followed him and as were Adrian Trajan and divers others What a thing was it to see their Courts frequented freely by all the Noble Valiant and Learned men of the World to see the union and friendly dealing of diffierent Nations together when all served one Prince so as a man might have gone over the whole World or most and best parts thereof with all security and without all fear all Nations and Countries being their Friends Neighbours or Subjects neither was there need at that time of any Pasports or safe Conducts nor of so often change of Coyn to travel as now there is neither yet were there new Laws every foot as now be found in different Countries neither was there danger of Enemies or to be taken prisoners and captives nor could any malefactor do a mischief in one Countrey and flee into another thereby to be free from punishment and he that was born in the very Orcades or furthest part of Europe was at home though he were in Africa or Asia and as free a Denizen as if he had been born there Merchants also might pass at that day from Countrey to Countrey with their Merchandise without particular Licences or fear of Forfeits and finally the temporal state of a Subject was wonderful happy at that time Thus far discourseth that learned Knight and no doubt but that his discourse and consideration is founded on great Reason and he that will leave at this day the many commodities of being under a Great and Potent Prince if it lie in his own hands to chuse for this only circumstance that he is not born in the same Countrey with him is a man of small judgment and capacity in these mens opinion and measureth matters of publick utility with a false weight of fond affection And thus much may be said of the first way of being under Strangers and Foreign Government which is that which vulgar men do most abhor and inveigh against to wit to be under a foreign Prince that liveth absent and ruleth by his Governours But besides this there is another manner of being under a Foreign Prince as when an Alien Prince cometh to dwell among us and this by either of two ways to wit that either this Prince cometh without Forces as did King Stephen and King Henry the II. that were French-men as hath been said and came to live and govern in England but without external Forces and as King Philip of Spain came afterwards when by Marriage of Queen Mary he became King of England and as the last King Henry the III of France went into Polonia by the free Election and Invitation of that Nation and as his Brother Monsieur Francis Duke of Alenson should have entred afterward to have been King of England if the Marriage pretended between her Majesty and him had gone forward and taken effect as many thought once that it should This I say is one way and another is that this Prince do bring Forces with him for his own assurance and these either present as the Danish Kings Sweno Canutus Haraldus and Hardicanutus did and as after them the Norman Princes also used I mean not only William the Conquerour himself but also his two Sons William Rufus and Henry the I who either by help of the Normans already in England or by others brought in by them afterwards wrought their will or else that this Prince so entring have Foreign Forces so at hand as he may call and use them when he will for that they have no Sea to pass which is the case of the King of Scots and of both these wayes these men do give their sentence distinctly For as concerning the former way when a Foreign Prince entreth without any Forces at all and with intention to live among us they hold that there is no danger nor yet any inconvenience can justly be feared for that in this case he subjecteth himself rather to the Realm and Nation than they to him and if he live and marry in England both himself and his Children will become English in a little space And for his own assurance he must be inforced to favour and cherish and make much of the English Nation and be liberal gentle and friendly to all for gaining their good wills and friendship And in one very great and important point his condition is different and better for the English than any English Kings can be which is that he entreth with indifferent mind towards all men hath no kindred or alliance within the Land to whom he is bound nor enemy against whom he may be inticed to use cruelty so as only merit or demerit of each man must move him to favour or disfavour which is a great Foundation say these men of good and equal Government Again they say that in respect of the State present of England and as now it standeth and for the publick good not only of the common Subjects but also of the Nobility and especially and above others of the English Competitors and Pretenders that cannot all speed no way were so commodious as this to avoid bloodshed to wit that some external Prince of this time should be admitted upon such Compositions and Agreements as both the Realm should remain with her ancient Liberties and perhaps much more than now it enjoyeth for such Princes commonly and upon such occasions of Preferment would yield to much more in those Cases than a home-born Prince would and the other Pretenders at home also should remain with more security than they can well hope to do under any English Competitor if he come to the Crown who shall be continually egged on by his own kindred and by the aversion emulation and hatred that he has taken already by contention against the other opposite Houses to pull them down and to make them away and so we have seen it by continual Examples for many years though no occasion say these men hath ever been offered to suspect the same so much as now if any one of the home English Bloud be preferred before the rest and this is so much as they say to this second kind of being under Foreign Princes To the third they confess that it standeth subject to much danger and inconvenience to admit a foreign Prince
Royal Ornaments of this Crown of France and that you will swear Fealty unto him and do him Homage Thus said the King and then having asked every one of the Assistance in particular for his consent and esterwards the whole Assembly in general whether they would swear Obedience to him or no and finding all to promise with a good will he passed over the Feast of the Ascension with great joy in Paris and after went to Rhemes with all the Court and Train to celebrate the Coronation upon the Feast of Whitsunday Thus far are the words of William de Nangis alledged in the History of France by Belforest And it is to be noted First how the King did request the Noblity and People to admit his Son and secondly how he did ask their consents apart for that these two points do evidently confirm that which I said at the beginning that only Succession is not sufficient but that Coronation ever requireth a new consent which also includeth a certain Election or new Approbation of the Subject This is proved also most manifestly by the very Order of Coronation which ensueth in Belforest taken word for word out of Tillet in his Treatise of Records in the Chapter of anointing the Kings of France in these words In the year of Grace 1059 and the 32 year of the Reign of King Henry the first of that Name of France and in the 4 th year of the Seat and Bishoprick of Rhemes and on the 23 d. day of May being Whitsunday King Philip I. was anointed by the said Archbishop Gervais in the great Church of Rhemes before the Altar of our Lady with the Order and Ceremony that ensueth The Mass being done when it came to the reading of the Epistle the said Lord Archbishop turning about unto Philip the Prince that was there present declared unto him what was the Catholick Faith and asked him Whether he did believe it and whe● he would defend it against all persons whatsoever who affirming that he would his Oath was brought unto him whereunto he must swear which he took and read with an audible voice and signed it with his own hand and the words of the Oath were these Je Philippe par le grace de Dieu prochain d'estre ordonné Roy de France promets au jour de mon sacré devant Dieu fes Sanctes c. That is in English for I will not repeat all the Oath in French by reason it is somewhat long I Philip by the grace of God near to be ordained King of France do promise in this day of my anointing before Almighty God and all his Saints That I will conserve unto all that Ecclesiastical Prelates all Canonical Priviledges and all Law and Justice due unto every one of you and I will defend you by the help of God● as much as shall lie in my power and as every King ought to do and as by Right and Equity he is bound to defend every Bishop and Church to him committed within his Realm And furthermore I shall administer Justice unto all people given me in charge and shall preserve unto them the defence of Laws and Equity appertaining unto them so far forth as shall lie in my Authority So God shall help me and his holy Evangelists This Oath was read by the King holding his hands between the hands of the Archbishop of Rhemes and the Bishop of Syen and Bisanson Legats of the Pope standing by with a very great number of other Bishops of the Realm And the said Archbishop taking the Cross of St. Remigius in his hand he shewed first to all the audience the ancient Authority which the Archbishops of Rhemes had even from the time of St. Remigius that baptized their first Christian King Clodoveus to Anoint and Crown the Kings of France which he said was confirmed unto them by the Priviledge of Pope Hormisda that lived in the year of Christ 5 16. and after also by Pope Victor and this being done he then by license first asked of King Henry the Father there present did choose Philip for King II eslent le dit Philippe son fils en pour Roy de France which is word for word the Archbishop chose the said Philip King Henry 's Son in and for King of France which the Legates of the Pope presently confirmed and all the Bishops Abbots and Clergy with the Nobility and People in their order did the like crying out three times in these words Nous le approvouns nous le voulons soit fait nostre Roy that is We will have him let him be made our King And presently Te Deum Laudamus was sung in the Choir and the rest of the Ceremonies of Anointing and Coronation were done according to the ancient order of this Solemnity used in the time of King Philip 's Predecessors Kings of France Thus far do French stories recount the old and ancient manner of Anointing and Crowning their Kings of France which had endured as I have said for almost 600 years that is to say from Clodoveus unto this King Philip the First who was crowned in France seven Years before our William the Conquerour who also was present at this Coronation and had the third place among the Temporal Princes as Duke of Normandy entred into England but after this time the manner and ceremonies were somewhat altered and made more Majestical in outward shew and this especially by King Lewis sirnamed the Younger Nephew to the foresaid King Philip who leaving the substance of the Action as it was before caused divers external additions of Honour and Majesty to be adjoined thereunto especially for the Coronation of his son Philip the Second sirnamed Augustus whom he caused also to be crowned in his days as his Grand-father Philip had been and as himself had been also in his Fathers days This Man among other Royal ceremonies ordained the Officers of the twelve Peers of France six Ecclesiastical and six Temporal who are they which ever since have had the chiefest Places and Offices in this great Action for that the foresaid Arch-Bishop of Rhemes entituled also Duke of Rhemes hath the first and highest Place of all others and anointeth and crowneth the King The Bishop and Duke of ●aon bear the glass of Sacred Oyl The Bishop and Duke of Langres the Cross the Bishop and Earl of Bevais the mantle-Royal the Bishop and Earl of Noion the King's Girdle And last of all the Bishop and Earl of Chalons do carry the Ring And these are the six Ecclesiastical Peers of France with their Offices in the Coronation The Temporal Peers are the Duke of Burgundy Dean of the Order who in this day of Coronation holdeth the Crown the Duke of Gascony and Guyene the first Banner quartered the Duke of Normandy the second Banner quartered the Earl of Tolousa the Golden Spurs the Earl of Champany the Banner Royal or Standard of War
first Christian King Clodoveus not full 500. Years after Christ as French Authors do hold At what time also they recount a great miracle of Holy Oyl sent from Heaven by an Angel for anointing Clodoveus whereof they say they have still remaining for the anointing of their Kings at Rhemes which point I will not stand to treat or discourse in this place but rather will refer my Reader to the foresaid Chapter of Francis Belforest Chronicler of France who alledgeth divers Writers of almost 500. years antiquity that write of the same But howsoever that be very probable it seemeth that all the ceremonies of Coronation in Germany and Polonia before-recited which had their beginning long after the Reign of Clodoveus might be taken from thence and so the affinity and likeness of the one to the other doth seem to agree and Garribay also the Chronicler of Spain and of Navarre in his 22. Book talking of this Custom of Anointing and Crowning the Kings of Navarre saith that this excellent custom began there I mean in Navarre above 800 Years past and was brought in by certain Earls of Champayn of France named Theobaldes who coming to attain that Crown brought with them that Reverend Ceremony of Anointing and Crowning their Kings according to the use of the French which custom endureth until this day in that part of Navarre that is under the house of Vandome albeit in the other that is under the Spaniards which is far the greater it was left off in the Year 1513. when Ferdinand sirnamed the Catholick King of Spain entred thereupon for that the Spanish Kings are never anointed nor crowned but otherwise admitted by the Common-Wealth as before I have declared But among all other Kingdoms it seemeth that England hath most particularly taken this custom and ceremony from France not only for the reason before-alledged that divers of our English Kings have come out of France as William the Conquerour born in Normandy King Stephen son to the Earl of Blois and Bullen a Frenchman and King Henry the second born likewise in France and son to the Earl of Anjou but also for that in very deed the thing it self is all one in both Nations And albeit I have not seen any particular Book of this Action in England as in French there is yet it is easy to gather by Histories what is used in England about this affair For first of all that the Arch-Bishop of Canterbury doth ordinarily do this ceremony in England as the Arch-Bishop of Rhemes doth it in France there is no doubt and with the same Solemnity and honour according to the condition and state of our Countrey and Polidor Virgil in his History noteth that Pope Alexander did interdict and suspend the Arch-bishop of York with his two assistants the Bishops of London and Salisbury for that in the absence of Thomas Becket Arch-bishop of Canterbury and without his Licence they did crown King Henry at his Fathers perswasion and divers do attribute the unfortunate success of the said King Henry the younger that rebelled against his Father to this disorderly and violent Coronation by his Father's appointment secondly that the first thing which the said Arch-bishop requireth at the new King's hands at his Coronation is about Religion Church matters and the Clergy as in France we have seen it appeareth evidently by these words which the same Arch-bishop Thomas sirnamed commonly the Martyr remaining in banishment wrote to the same King Henry the second which are these Memores sit is confessionis quam fecistis posuistis super altare apud Westmonasterium de servanda Ecclesiae liberiate quando consecrati fuistis uncti in Regem à praedecessore nostro Thebaldo Which is Do you call to your remembrance the Confession which you made and laid upon the Altar at Westminster for keeping and defending the liberty of the Church when you were consecrated and anointed King by Thebaldus our predecessor By which words appeareth that as the King of England was consecrated and anointed in those days by the Arch-bishop of Canterbury so did he swear and give up his Oath also in writing and for more solemnity and obligation laid it down or rather offered it up with his own hands upon the Altar so much as was required of him by the said Arch-bishop and Clergy for the special safety of Religion and these Ecclesiastical Liberties which is the self same point that we have seen before as well in the Oath of the Kings of France as also of Polonia and Spain and of the Emperours both Grecian and Gerusan The very like admonition in effect I find made by another Thomas Arch-bishop of Canterbury to another King Henry to wit by Thomas Arundel to King Henry the Fourth when in a Parliament holden at Coventry in the year 1404 the King was tempted by certain temporal men to take away the Temporalities from the Clergy whereunto when the said Arch-bishop Thomas had answered by divers reasons at last turning to the King he besought him saith Stow to remember the Oath which he voluntarily made that he would honour and defend the Church and Ministers thereof Wherefore he desired him to permit and suffer the Church to enjoy the Priviledges and Liberties which in time of his Predecessors it did enjoy and to fear that King which reigneth in Heaven and by whom all other Kings do reign Moreover he desired him to consider his promise also to all the Realm which was that he would preserve unto every man their Right and Title so far as in him lay By which speech of the Arch-bishop the King was so far moved as he would hear no more of that Bill of Laity but said that he would leave the Church in as good estate or better than he found it and so he did but yet hereby we come to learn what Oath the Kings of England do make at their Coronations touching the Church and Clergy The other conditions also of good Government are partly touched in the speech of the Arch-bishop and much more expressly set down in the King of Englands Oath recorded by ancient Writers for for that he sweareth as both Holinshead and others do testify in their English Histories in these very words to wit That he will during his Life bear reverence and honour unto Almighty God and to his Catholick Church and unto his Ministers and that he will administer Law and Justice equally to all and take away all unjust Laws Which after he had sworn laying his hands upon the Gospels then doth the Arch-bishop turning about to the people declare what the King hath promised and sworn and by the mouth of an Herauld at Arms asketh their Consents whether they be content to submit themselves unto this man as unto their King or no under the conditions proposed whereunto when they have yielded themselves then beginneth the Arch-bishop to put-upon him the Regal Ornaments
as the Sword the Ring the Scepter and Crown as before in the French Coronation you have heard and namely he giveth him the Scepter of S. Edward the Confessor and then he addeth also the same words of Commission and Exhortation as the other doth to wit Stand and hold thy Place and keep thy Oath and thereunto adjoineth a great commination or threat if he should take upon him that Dignity without firm purpose to observe the things which this day he hath sworn and that is the summe of the English Coronation which you may read also by piece-meal in John Stow according as other things in that his brief Collection are set down but especially you shall see it in the admissions as well of the said King Henry the fourth now last mentioned as also of King Edward the fourth at their first entrances to the Crown for in the admission of King Henry Stow sheweth how the People were demanded thrice whether they were content to admit him for their King and that the Arch-bishop of Canterbury who was the same Thomas Arundel of whom we spake before did read unto them what this new King was bound by Oath unto and then he took the Ring wherewith he was to wed him to the Common-wealth which Wedding importeth as you know an Oath and mutual Obligation on both sides in every Marriage and the Earl of Northumberland and high Constable of England for that day was willed to shew the said Ring to the People that they might thereby see the band whereby the King was bound unto them And then it was put upon his finger and the King kissed the Constable in sign of acceptance fell on his knees also to prayer that he might observe his Promise and other like ceremonies saith Stow were used and this was done the 13. of October 1359. and therefore upon good reason might this same Arch-bishoop put him afterward in mind of this his Oath as before I have shewed that he did At the admission also of King Edward the fourth Stow sheweth in his Chronicle that first the peoples consent was demanded very solemnly in S. John's Field by London the 29. of February in the year 1460. notwithstanding that King Edward had proved his Title by Succession before in the Parliament holden at Westminster and now this consent of the People being had or he being thus elected as Stowes words are he went the next day in Procession at Pauls and offered there and after Te Deum being sung he was with great Royalty conveyed to Westminster and there in the Hall set in the King's Seat with S. Edward's Scepter in his hand and then the People were asked again if they would have him King and they cried Yea Yea thus far John Stow. And if any would take exception against these of King Henry and King Edward the fourth because they entred and began their Reigns upon the deprivation of other Kings then living There are yet many living in England that have seen the several Coronations of King Edward VI. Queen Mary and Queen Elizabeth that now reigneth and can witness that at all and every of their Coronations the consent of the People and their acceptation of those Princes is not only demanded by the publick cry of a Herald at Arms which standeth on both the sides of the high Scaffold or Stage whereon the Prince is crowned and the Peoples answer expected till they cry Yea Yea But also that the said Princes gave there their corporal Oath upon the Evangelists unto the Bishop that crowned them to uphold and maintain the Faith afore-named with the Liberties and Priviledges of the Church as also to govern by Justice and Law as hath been said which Oaths no doubt have been sworn and taken most solemnly by all the Kings and Queens of England from the days of King Edward the Confessor at the least and he that will see more points of these Oaths set down in particular let him read Magna charta and he will be satisfied By all which and by infinite more that might be said and alledged in this matter and to this purpose it is most evident said the Civilian Lawyer that this agreement bargain and contract between the King and his Commonwealth at his first admssiion is as certain and firm notwithstanding any Pretence or Interest he hath or may have by Succession as any contract or Marriage in the World can be when it is solemnized by words de praesenti as our Law speaketh between parties espoused before by words de future which is an act that expresseth this other most lively as afterwards more at large I shall shew unto you and consequently I must needs affirm to be most absurd base and impious that flattery before-mentioned of Belloy and his companions in their Books before cited where he holdeth that only Succession of Bloud is the thing without further approbation which maketh a King and that the Peoples consent to him that is next by Birth is nothing at all needful be he what he will and that his admission Inunction or Coronation is only a matter of external ceremony without any effect at all for increase or confirmation of his right These I say are unlearned fond and wicked assertions in flattery of Princes to the manifest ruine of Common-wealths and perverting of all Law Order and Reason which assertions albeit they have been sufficiently as I suppose refuted before yet mean I to stand a little more upon them in this place for more evident demonstration of so important a a Truth as also to see and examine what may duely be attributed to bare Succession alone to the end that no man may think we mean to improve or imbase that which we esteem in so high degree and think that the best and surest way of maintaining Kingly Government in the World is to have it go by Succession as it doth at this day in England and in most other States of Europe besides though yet with the limitations and conditions due thereunto whereof I shall now begin to treat more in particular but after some little pause if you please for that this other Narration hath well wearied me CHAP. VI. What is due to only Succession by Birth and what Interest or Right an Heir apparent hath to the Crown before he be Crowned or Admitted by the Commonwealth and how justly he may be put back if he have not the other parts requisite also VEry reasonable it seemed to all the whole Assembly that some intermission or pause should be admitted as the Civilian had required and this as well for the commodity of the hearers who desired to confer together more in particular of the points already discussed as also of the Speaker who with reason affirmed that he was somewhat weary seeing he had continued his speech so long together And so with one consent they rose all and went into an Orchard adjoining to the house and
any Crown before he be Crowned or admitted by the Commonwealth To the First I say that to Succession alone or priority of Bloud only great honour reverence and respect ought to be born as before hath been declared for that it is the principal circumstance condition which leadeth us to the next Succession of the Crown infallibly without all strife If his propinquity be clear and evident and that other necessary circumstances and conditions do concurr also in the same person which conditions were appointed and set down at the same time and by the same authority that this Law of Succession was established for that both the one and the other of these two Points were ordained by the Commonwealth to wit that the Elder and First in Bloud should succeed and that he should be such a person as can and will Govern to the Publick Weal of all as often and largely before hath been avouched and proved To the second Question I answer That an Heir apparent to a Crown before his Coronation and Admission by the Realm if he have the Conditions before-required hath the same Interest to the Kingdom which the King of Romans or Caesar hath to the German Empire after his Election and before he be Crowned And to use a more familiar Example to Englishmen as the Mayor of London hath to the Mayoralty after he is chosen and before he be admitted or have taken his Oath For as this man in rigour is not truly Mayor nor hath his Jurisdiction before his Oath and Admission nor the other is properly Emperour before he be Crowned so is not an Heir apparent truly King though his Predecessor be dead and he next in Succession untill he be Crowned or Admitted by the Commonwealth Another Example is there in Marriage also whereby our matter is made more plain for in this Contract go both the Betrothing and actual Joining together of the Parties in Wedlock the First is done by words de futuro or for the time to come and is not properly Marriage but Espousal only The other is by words de praesenti that is by mutual present consent given of both Parties and this second is only and properly true Marriage which two points are expresly represented in the state of an Heir apparent and of a Crowned King for that the Heir apparent by propinquity of Bloud is only espoused or betrothed to the Commonwealth for the time to come and is married afterwards by present mutual consent of both Parties in the Contract and knitting up of the matter at his Coronation by the Oaths which either part maketh the one to take the other and by putting on the Ring and other Wedding garments before-mentioned in their Coronations by all which the Heir apparent which was but Espouse is made now the true King and Husband of the Commonwealth which before he was not by only Succession but only a betrothed Spouse or designed King as hath been declared Wherefore it followeth also that the Common-wealth oweth no allegiance or subjection unto the Heir apparent in rigour of Justice until he be Crowned or Admitted though his Predecessor be dead for that in very deed until that time he is not the true King and Soveraign though for better keeping of Order and avoiding of Tumults all Commonwealths lightly that have their Princes by Succession have ordained in these latter Ages that from the death of the former Princes all matters of Government shall pass in the Name of his next Successor if his Succession be clear and this as I say for avoiding of Garboils and under supposal of Confirmation and Approbation afterwards of the Commonwealth at his Coronation for which cause also and for better account of years it was ordained that the beginning of the Successors Reign should be reckoned from the day of the death of his predecessor and not from the day of his Coronation as otherwise in rigour it ought to be and as in old time it was accustomed to be as Gerard Secretary and Chronicler of France to wit that Kings in old time were wont to account the years of their Reigns from the day only of their Anointing and Coronation This point also that Heirs apparent are not true Kings until their Coronation how just soever their Title of Succession otherwise be and though their Predecessors be dead it might be confirmed by many other Arguments but especially and above all others for that the Realm is asked again three times at their Coronation Whether they will have such a man to be King or not as before hath been shewed which thing were in vain to ask if he were truly King as Belloy saith before his Coronation Again we see in all the Forms and different manners of Coronations before-recited that after the Prince hath sworn divers times to Govern well and justly then do the Subjects take other Oaths of Obedience and Allegiance and not before which argueth that before they were not bound unto him by Allegiance and as for the Princes of England it is expressly noted by English Historiographers in their Coronations how that no Allegiance is due unto them before they be Crowned and that only it happened to Henry the Fifth among all other his Predecessors to have this Priviledge and this for his exceeding towardliness and for the great affection of the People towards him that he had homage done unto him before his Coronation and Oath taken Whereof Polidor writeth in these words Princeps Henricus facto Patris funere concilium Principum apud Westmonasterium convocandum curat in quo dum de Rege creando more majorum agitabatur esse tibi continuo aliquot Principes ultro in ejus verba mirare coeperunt quod benevolentiae ●fficium nulli antea priusquam R●x renunciatus esset praestitum constat adeo Henricus ab ineunte aetate spem omnibus optimae indolis ●ecit Which in English is this Prince Henry after he had finished his Father's Funerals caused a Parliament to be gathered at Westminster where whilst Consultation was had according to the antient Custom of England about creating a new King behold upon the sudden certain of the Nobility of their own Free wills began to swear Obedience and Loyalty unto him which demonstration of Love and Good-will is well known that it was never shewed to any Prince before until he was declared King so great was the hope that men had of the Towardliness of this Prince Henry even from his tender age thus far Polidor in his Story of England And the very same thing expresseth John Stow also in his Chronicle in these words To this Noble Prince by assent of the Realm after three days offered to do Fealty before he was Crowned or had solemnized his Oath well and justly to Govern the Common-wealth which offer before was never found to be made to any Prince of England Thus much Stow In whose Narration as
also in that of Polidor it may be noted that King Henry the Fifth was not called King until after his Coronation but only Prince though his Father King Henry the Fourth had been dead now almost a month before and secondly that the Parliament consulted de Rege creando more majorum as Polidor his words are that is of making a new King according to the antient custom of their Ancestors which argueth that he was not yet King though his Father were dead not that the manner of our old English Ancestors was to account him so before his Admission Thirdly That this demonstration of good-will of the Nobility to acknowledge him for King before his Coronation and Oath solemnized well and justly to Govern the Realm was very extraordinary and of meer good-will And Last of all That this was never done to any Prince before King Henry the Fifth All which Points do demonstrate that it is the Coronation and Admission that maketh a Perfect and True King whatsoever the Title by Succession be otherwise and that except the Admission of the Common-wealth be joyned to Succession it is not sufficient to make a lawful King and of the two the second is of far more importance to wit the Consent and Admission of the Realm than nearness of Bloud by Succession alone This I might prove by many Examples in England it self where Admission hath prevailed against Right of Succession as in William Rufus that succeeded the Conquerour and in King Henry the First his Brother in King Stephen King John and others who by only Admission of the Realm were Kings against the Order of Succession as after more at large I shall shew you in a particular speech of this point I shall make unto you and very specially it may be seen in the two Examples before-mentioned of the Admission of the two Kings Henry and Edward both sirnamed the Fourth whose entrances to the Crown if a man do well consider he shall find that both of them founded the best part and the surest of their Titles upon the Election Consent and Good-Will of the People yea both of them at their dying-days having some remorse of Conscience as it seemed for that they had caused so many men to die for maintainance of their several Rights and Titles had no better way to appease their own minds but by thinking that they were placed in that Room by the Voice of the Realm and consequently might lawfully defend the same and punish such as went about to deprive them Moreover you shall find if you look into the Doings of Princes in all Ages that such Kings as were most Politick and had any least doubt or suspicion of Troubles about the Title after their Deaths have caused their sons to be Crowned in their own days trusting more to this than to their Title by Succession though they were never so lawfully and lineally descended And of this I could alledge you many Examples out of divers Countreys but especially in France since the last line of Capetus came unto that Crown for this did Hugh Capetus himself to procure to be done to Robert his eldest Son in his own days and the like did King Robert procure for his younger son Henry the First as Gerard holdeth and excluded his Elder only by Crowning Henry in his own days Henry also did intreat the States of France as before you have heard to admit and Crown Philip the First his Eldest Son whilst himself reigned and this man's Son Luys le Cros did the same also unto two Sons of his First to Philip and after his death to Luys the younger which is the seventh of that name for more assuring of his Son named Philip the Second intreated the Realm to Admit and Crown him also in his own days with that great solemnity which in the former Chapter hath been declared And for this very same cause of Security it is not to be doubted but that always the Prince of Spain is sworn and admitted by the Realm during his Father's Reign as before hath been said The same consideration also moved King David to Crown his son Solomon in his own days as afterwards more in particular shall be declared and finally our King Henry also the second of England considering the alteration that the Realm had made in admitting King Stephen before him against the Order of Lineal Succession by propinquity of Bloud and fearing the like might happen also after him caused his eldest son named likewise Henry to be Crowned in his life time so as England had two King Henrys living at one time with equal Authority and this was done in the 16 year of his Reign and in the year of our Lord 1170. But his Device had no good success for that King Henry the Younger made War soon after upon King Henry the Elder and had both the Kings of France and Scotland and many Nobles of England and Normandy to take his part for which cause it is thought that this thing hath never been put in practice again since that time in England but yet hereby it is evident what the opinion of the world was in those days of the force of Coronation and Admission of the Commonwealth and how little Propinquity of Bloud prevaileth without that And for more ample proof hereof and fuller conclusion of all the whole matter I had thought to have laid down also in this place some number of the most notorious Examples that I have read for I have read many wherein the Common-wealth upon just Occasions hath extended her Authority to alter the natural course of Succession by Birth but for that the thing requireth some little study and looking over some Notes that I have taken out of Stories for help of Memory I shall deferr it until our next Meeting at what time I shall by God's Grace make this point very clear and so end my whole Discourse for I see that I have been much longer than at the beginning I purposed and now I desire much to give place unto our Temporal Lawyer here present who I doubt not hath matter to say of more delectation and pleasure than this though you of your courtesies have done me so much favour as to hear me hitherto with patience and attention Whereunto the whole company answered that not with patience but with great pleasure delight and contentation they had heard him and so they would do the Temporal Lawyer also in his turn But yet they desired him that nothing of this discourse might be omitted but wholly finished for that it gave very great satisfaction to all and opened many important Points unto them which they had never thought of before and with this they parted for that night every man unto his Lodging and Habitation CHAP. VII How the next in Succession by Propinquity of Bloud hath often-times been put back by the Cemmonwealth and other further off admitted in their
by the name of King Vermudo the Second who left after him Don Alonso the Fifth and he again his son Don Vermudo the Third who marrying his sister Dona Sancha that was Heir unto Don Ferdinando the first Earl and then King of Castile who was second son to Don Sancho Mayor King of Navar as before hath been said he join'd by these means the Kingdoms of Leon and Castile together which were separate before and so ended the line of Don Pelayo first Christian King of Spain after the entrance of the Moors which had endured now three hundred years and the Bloud of Navar entred as you see and so continued therein until the entrance of those of Austria as before hath been said which was almost five hundred years together And thus much I thought good to note out of the Histories of Spain for this first descent of the Spanish Kings after the entrance of the Moors neither mean I to pass much further both for that it would be too long as also for that mine Author Morales who is the most diligent that hath written the Chronicles of that Nation endeth here his History with King Vermudo the Third and last of the Gothish Bloud Notwithstanding if I would go on further there would not want divers evident Examples also to the same purpose which Stephen Garabay another Chronicler of Spain doth touch in the continuation of this History whereof for Examples sake only I will name two or three among the rest And first about the year of Christ 1201. there was a Marriage made by King John of England for Dona Blancha his Neece that is to say the daughter of his Sister Dame Eleanor and of Don Alonso the Ninth of that name King and Queen of Spain which Blancha was to marry the Prince of France named ●uys Son and Heir to King Philip sirnamed Augustus which Luys was afterwards King of France by the name of Luys the VIII and was Father to Luys the IX sirnamed the Saint This Lady Blancha was Neece as I have said unto King John and to King Richard the First of England for that her Mother Lady Eleanor was their sister and daughter to King Henry the Second and King John made this Marriage thereby to make peace with the French and was content to give for her Dowry for that he could not tell how to recover them again all those Towns and Countreys which the said King Philip had taken from the English by this King 's evil Government in Normandy and Gascony and moreover promise was made that if the Prince Henry of Spain that was the only brother to the Lady Blanch should die without issue as after he did then this Lady should succeed in the Crown of Spain also But yet afterwards the State of Spain would not perform this but rather admitted her younger sister Dona Berenguela married to the Prince of Leon and excluded both Blanch and her son the King S. Luys of France against the evident Right of Succession and propinquity of Bloud and the only Reason they yielded hereof was not to admit Strangers to the Crown as Garabay testifieth This happened then and I do note by the way that this Dona Berenguela second Daughter of Queen Eleanor the English Woman was married as hath been said to the Prince of Leon and had by him Don Fernando the Third of that name King of Castilia sirnamed also the Saint So as the two Daughters of an English Queen had two Kings Saints for their sons at one time the elder of France and the younger of Spain After this again about threescore years the Prince of Spain named Don Alonso sirnamed de la cerda for that he was born with a great gristle-hair on his breast called Cerda in Spanish which Don Alonso was Nephew to the King Fernando the Saint and married with the Daughter of Saint Luys King of France named also Blancha as her Grand-mother was and had by her two Sons called Alonso and Hornando de la cerda as the Prince their Father was named which Father of theirs dying before the King the Grand-father left them commended to the Realm as lawful Heirs apparent to the Crown yet for that a certain Uncle of theirs named Don Sancho younger Brother to their Father which Don Sancho was sirnamed afterwards el bravo for his valour and was a great Warriour and more like to manage well the matters of War than they he was made Heir apparent of Spain and they put back in their Grand-fathers time and by his and the Realms consent their father as I have said being dead and this was done in a General Parliament holden at Segovia in the year 1276. And after this Don Sancho was made King in the year 1284 and the two Princes put into prison but afterwards at the suit of their Uncle King Philip the Third of France they were let out again and endued with certain Lands and so they remain unto this day and of these do come the Dukes of Medina Celi and all the rest of the House of Cerda which are of much Nobility in Spain at this time and King Philip that reigneth cometh of Don Sancho the younger Brother Not long after this again when Don Pedro sirnamed the Cruel King of Castile was driven out and his bastard brother Henry the Second set up in his place as before hath been mentioned the Duke of Lancaster John of Gant having married Dona Constantia the said King Peter's daughter and Heir pretended by Succession the said Crown of Castile as indeed it appertained unto him but yet the State of Spain denied it flatly and defended it by Arms and they prevailed against John of Gant as did also the race of Henry the Bastard against his lawful Brother and the race of Don Sancho the Uncle against his lawful Nephews as hath been shewed and that of Dona Berenguela against her elder Sister all which Races do reign unto this day and these three Changes of the True Line happened within two Ages and in the Third and principal descent of the Spanish Kings when this matter of Succession was most assuredly and perfectly established and yet who will deny but that the Kings of Spain who hold by the latter Titles at this day are true and lawful Kings Well one Example will I give you more out of the Kingdom of Portugal and so will I make an end with these Countreys This King Henry the Bastard last named King of Spain had a son that succeeded him in the Crown of Spain named John the First who married the Daughter and Heir 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 never agree to admit him for their King for not subjecting themselves by that means to the Castilians and for that cause they rather took for their King a Bastard
as also he left a little Infant newly born of his lawful Wife Adeltrude Daughter to King Alfred of England which infant was King of France afterwards by the name of Charles the Simple albeit not immediatly after the death of his Father for that the Nobles of France said that they had need of a Man to be King and not a Child as Gerard reporteth and therefore the whole State of France chose for their Kings the two foresaid Bastards Luys the third and Carlomon the First of that name jointly and they were Crowned most solemnly and divided the whole Realm between them in the year of Christ 881. and Queen Adel●rude with her child true Heir of France fled into England to her Father and there brought him up for divers years in which time she saw four or five Kings Reign in his place in France one after the other for briefly thus it passed Of these two Bastard Kings the Elder named Luys reigned but four years and died without issue the second that is Carlomon lived but one year after him and left a son called also Luys which succeeded in the Kingdom by the name of Luys the Fifth and sirnamed Faineant for his idle and slothful life For which as also for his vitious behaviour and in particular for taking out and marrying a Nun of the A●bey of S. Baudour at Chels by Paris he was deprived and made a Monk in the Abbey of S. Denis where he died and in his place was chosen King of France and Crowned with great Solemnity Charles the Fourth Emperour of Rome sirnamed le Gros for that he was fat and corpulent he was Nephew to Charles the Bald before mentioned and therefore the French Stories say that he came to the Crown of France partly by Succession and partly by Election but for Succession we see that it was nothing worth for so so much as Charles the Simple the right Heir was alive in England whom it seemeth that the French men had quite forgotten seeing that now they had not only excluded him three times already as you have heard but afterwards also again when this Gross Charles was for his evil Government by them deposed and deprived not only of the Kingdom of France but also of his Empire which he had before he was King and was brought into such miserable penury as divers write that he perished for want At this time I say the States of France Would not yet admit Charles the Simple though hitherto his Simplicity did not appear but he seemed a goodly Prince but rather they chose for King one Odo Earl of Paris and Duke of Angiers and caused him to be Crowned But yet after a few years being weary of this man's Government and moved also somewhat with compassion towards the Youth that was in England they resolved to depose Odo and so they did whilst he was absent in Gascony and called Charles the Simple out of England to Paris and restored him to the Kingdom of France leaving only to Odo for Recompense the State of Aquitaine with Title of a Duke wherewith in ●ine he contented himself seeing that he could get no more But yet his Posterity by vertue of this Election pretended ever after a Title to the Crown of France and never left it off until at length by Hugo Capetus they got it for Hugh descended of this King and Duke Odo This King Charles then sirnamed the Simple an English Womans Son as you have heard being thus admitted to the Crown of France he took to Wife an English Woman named Elgina or Odin Daughter of King Edward the Elder by whom he had a Son named Lowys and himself being a Simple man as hath been said was allured to go to the Castle of Peronne in Picardy where he was made Prisoner and forced to resign his Kingdom unto Ralph King of Burgundy and soon after he dyed through Misery in the same Castle and his Queen Ogin fled into England with her little son Luys unto her Uncle King Adelstan as Queen Adeltrude had done before with her Son unto King Alfred and one of the Chief in this Action for putting down of the Simple was Counte Hugh sirnamed the Great Earle of Paris Father unto Hugo Capetus which after was King But this new King Ralph lived but three Years after and then the States of France considering the right Title of Luys the lawful child of King Charles the Simple which Luys was commonly called now in France by the name of d' Outremer that is beyond Sea for that he had been brought up in England the said States being also greatly and continually solicited hereunto by the Embassadours of King Adelstan of England and by William Duke of Normandy sirnamed Long Spear Great Grandfather to William the Conquerour who by the King of England was gained also to be of the young Princes part for these Considerations I say they resolved to call him into France out of England as his Father had been before him and to admit and Crown him King and so they did and he Reigned 27 Years and was a good Prince and dyed peaceably in his Bed in the Year of Christ 945. This King Luys d' Outremer left two Sons behind him the Eldest was called Lothaire the First who succeeded him in the Crown of France the Second was named Charles whom he made Duke of Loraine Lothaire dying left one onely Son named Luys as his Grandfather was who was King of France by the name of Luys the V. and dying without issue after two Years that he had Reigned the Crown was to have gone by Lineal Succession unto his Uncle Charles the Duke of Lorayne second Son to Luys d' Outremer as is evident but the States of France did put him by it for mislike they had of his Person and did chuse Hugo Capetus Earl of Paris and so ended the Second Line of Pepin and of Charles the Gre●t and entred the Race of Hugo Capetus which endureth unto this day and the French Stories do say that this Sirname Capet was given to him when he was a boy for that he was wont to snatch away his Fellows Caps from their Heads whereof he was termed Snatch-Cap which some do interpret to be an Abodement that he should snatch also a Crown from the true Owners Head in time as afterwards we see it fell out though yet he had it by Election and Approb●tion of the Commonwealth as I have said And in this respect all the French Chroniclers who otherwise are most earnest Defenders of their Law of Succession do justify this Title of Hugo Capetus against Charles for which cause Francis Belforest doth alledge the saying of William Nangis an antient and diligent-Chronicler of the Abbey of S. Denys in France who defendeth King Capetus in these words We may not grant in any case that Hugh Capet may be esteemed an Invader or Vsurper
John his Father and Lowys the Prince of France chosen in his place but that the death of King John did alter that Course intended by the English Nobility so as this matter is neither new nor unaccustomed in all foreign Countreys and now will I pass also a little to our English Stories to see whether the like may be found in them or no. And first of all that the Realm of England hath had as great Variety Changes and Diversity in the Races of their Kings as any one Realm in the World it seemeth evident for that first of all after the Britains it had Romans for their Governours for many years and then of them and their Roman Bloud they had Kings again of their own as app●areth by that Valiant King Aurelius Ambrosius who resisted so manfully and prudently the Saxons for a time after this they had Kings of the Saxon and English Bloud and after them of the Danes and then of the Normans and after them again of the French and last of all it seemeth to have returned to the Britains again in King Henry the Seventh for that his Father came of that Race and now you know there be Pretenders of divers Nations I mean both of Scotish Spanish and Italian Bloud so that England is like to participate with all their Neighbours round about them and I for my part do feel my self much of the French opinion before-alledged that so the Ship be well and happily guided I esteem it not much important of what Race or Nation the Pilot be but now to our purpose I mean to pass over the First and Antient Ranks of Kings as well of the British and Roman as also of the Saxon Races until King Egbert the first of this name King of the West Saxons and almost of all the rest of England besides who therefore is said to be properly the first Monarch of the Saxon Bloud and he that first of all commanded that Realm to be called England which ever since hath been observed This man Egbert being a young Gentleman of a Noble House in the West parts of England was had in jealousy by his King Britricus who was the sixteenth King from Cerdicius first King of the West Saxons as he was also the last of his Bloud And for that he suspected that this Egbert for his great Prowess might come in time to be chosen King he banish'd him into France where he lived divers years and was a Captain under the famous King Pepin that was Father to Charles the Great and hearing afterwards that King Britricus was dead he returned into England where Polydor saith omnium consensu Rex creatur that he was created or chosen King by consent and voice of all men though yet he were not next by Propinquity of Bloud Royal as is most evident and yet he proved the most Excellent King that ever the Saxons had before or perhaps after and his Election happened in the Year of Christ eight hundred and two when King Pepin the first of that Race reigned as hath been said in France so as this Monarchy of Egbert and that of Pepin whereof we have alledged so many Examples in the former Chapter began as it were together and both of them I mean both Pepin and Egbert came to their Crowns by Election of the People as here you see This King Egbert or Egbrich as others do write him left a lawful Son behind him named Elthelwolfe or Adelvulfe or Edolph for all is one who succeeded him in the Kingdom and was as Worthy a man as his Father and this Adelvulfe again had four lawful Sons who all in their turns succeeded by just and lawful Order in the Crown to wit Ethelbald Ethelbert Ethelred and Alfred for that none of the former Three had any Children and all the latter Three were most Excellent Princes especially Alfred or Alvred the Last of all Four whose Acts are wonderful and who among other his Renowned Gests drove Rollo that Famous Captain of the Danes from the Borders of England with all his Company into France where he got the Countr●y or Province named then Neustria and now Normandy and was the first Duke of that Province and Nation and from whom our William Conquerour came afterwards in the sixth Descent This man erected also the Vniversity of Oxford being very Learned himself builded divers goodly Monasteries and Churches and dying left as famous a Son behind him as himself which was Edward the First sirnamed the Senior or Elder This King Edward dying left two Sons lawfully begotten of his Wife Edigna the one named Prince Edmund and the other Eldred and a Third Illegitimate whose name was Adelstan whom he had by a Concubine But yet for that this man was esteemed to be of more valor than the other he was preferred to the Crown before the Two other Princes Legitimate for so testifieth Polidor in these words Adelstanus ex concubina Edwardi filius Rex à populo consalutatur atque ad Kingstonum oppidum more majorum ab Athelmo Can●uariensi Archiepiscopo coronatur which is Adelstan the Son of King Edward by a Concubin was made King by the People and was Crowned according to the old custom by Athelme Archbishop of Canterbury at the Town of Kingston Thus far Polidor and Stow addeth further these words His Coronation was celebrated in the Market-place upon a Stage erected on high that the King might better be seen of the Multitude he was a Prince of worthy memory valiant and wise in all his Acts and brought this Land into one perfect Monarchy for he expelled utterly the Danes and quieted the Welchmen Thus much Stow of the Success of Chusing this King Bastard to Reign To whose Acts might be added that he conquered Scotland and brought Constantine their King to do him homage and restored ●uy d' Outremer his Sisters son to the the Kingdom of France as before hath been signified This man dying without Issue his Lawful Brother Edmond put back before was admitted to the Crown who being of excellent expectation dyed after six years and left two Lawful Sons but yet for that they were young they were both put back by the Realm and their Uncle Eldred was preferred before them so saith Polidor Genuit Edmondus ex Egilda uxere Eduinum Edgarum qui cum aetate pueri essent post Eldredum deinde regnarunt King Edmond begat of his Wife Egilda two Sons named Edwin and Edgar who for that they were but children in years were put back and Reigned afterwards after their Vncle Eldred The like saith Stow and yieldeth the same reason in these words Eldred succeeded Edmond his Brother for that his Sons Edwin and Edgar were thought too young to take so great a Charge upon them This Eldred though he entred as you see against the Right of the Nephews yet lay Polidor and
Stow that he had all mens Good-will and was Crowned as his Brother had been at Kingston by Odo Arch-bishop of Canterbury and Reigned nine years with great good will and praise of all men He dyed at last without Issue and so his Elder Nephew Edwin was admitted to the Crown but yet after four years he was deposed again for his lewd and vitious Life and his younger brother Edgar admitted in his place in the year of Christ 959 This King Edgar that entred by deposition of his Brother was one of the rarest Princes that the World had in his time both for Peace and War Justice Piety and Valour Stow saith he kept a Navy of three thousand and six hundred Ships distributed in divers Parts for defence of the Realm Also that he built and restored 47 Monasteries at his own Charges and did other many such Acts he was Father to King Edward the Martyr and Grandfather to King Edward the Confessor though by two different Wives for by his first Wife named Egilfred he had Edwar● after martyrized and by his second Wife Alfred he had Etheldred Father to Edward the Confessor and to the end that Etheldred might Reign his Mother Alfred caused King Edward the son of Egilfred to be slain after King Edgar her Husband was dead After this so shameful Murther of King Edward many good men of the Realm were of opinion not to admit the Succession of Etheldred his half Brother both in respect of the Murther of King Edward his elder Brother committed for his sake as also for that he seemed a man not fit to Govern and of this opinion among others was the Holy man Dunston Archbishop of Canterbury as Polidor saith who at length in flat words denyed to consecrate him but seeing the most part of the Realm bent on Etheldred's side he foretold them that it would repent them after and that in this man's Life the Realm should be destroyed as indeed it was and he ran away to Normandy and left Sweno and his Danes in possession of the Realm though afterwards Sweno being dead he returned again and dyed in London This Etheldred had two Wives the first Ethelgina an English Woman by whom he had Prince Edmund sirnamed Ironside for his great strength and valour who succeeded his Father in the Crown of England for a year and at his death left two Sons which after shall be named and besides this Etheldred had by his first Wife other two Sons Edwin and Adelston and one Daughter named Edgina all which were either slain by the Danes or dyed without issue The second Wife of Etheldred was called Emma Sister to Richard Duke of Normandy who was Grandfather to William the Conquerour to wit Father to Duke Robert that was Father to William so as Emma was great Aunt to this William and she bare unto King Etheldred two Sons the First Edward who was afterwards named King Edward the Confessor Alerud who was slain traiterously by the Earl of Kent as presently we shall shew After the death also of King Etheldred Queen Emma was married to the Dane King Canutus the first of that name sirnamed the Great that was King of England after Etheldred and Edmond Ironside his Son and to him she bare a Son named Hardica●utus who Reigned also in England before King Edward the Confessor Now then to come to our Purpose he that will consider the passing of the Crown of England from the death of Edmond Ironside elder Son of King Etheldred until the possession thereof gotten by William Duke of Normandy to wit for the space of 50 years shall easily see what authority the Commonwealth hath in such Affairs to alter titles of Succession according as publick necessity or utility stall require for thus briefly the matter passed King Etheldred seeing himself too weak for Sweno the King of Danes that was entred the Land fled with his Wife Emma and her two children Edward and Alerud unto her Brother Duke Richard of Normandy and there remained until the death of Sweno and he being dead Etheldred returned into England made a certain Agreement and Division of the Realm between him and Canutus the son of Sweno and so dyed leaving his eldest Son Edmond Ironside to succeed him who soon after dying also left the whole Realm to the said Canutus and that by plain Covenant as Canutus pretended that the Longest Liver should have all whereupon the said Canutus took the two Children of King Edmond Ironside named Edmond and Edward and sent them over into Sweedland which at that time was subject also unto him and caused them to be brought up honourably of which Two the Elder named Edmond dyed without issue but Edward was married and had divers Children as after shall be touched Etheldred and his Son Edmond being dead Canutus the Dane was admitted for King of England by the whole Parliament and Consent of the Realm and Crowned by Alerud Archbishop of Canterbury as Polidor saith and he proved an excellent King went to Rome and was allowed by that See also He did many Works of Charity shewed himself a good Christian and very loving and kind to Englishmen married Queen Emma an Englishwoman and Mother to King Edward the Confessor and had by her a Son named Hardicanutus and so dyed and was much mourned by the English after he had Reigned twenty Years though his entrance and Title was partly by Force and partly by Election as before you heard After this Canutus the First sirnamed the Great for that he was King jointly both of England Norway and Denmark was dead Polidor saith that all the States of the Realm met together at Oxford to consult whom they should make King and at last by the more part of Voices was chosen Herauld the first Son of Canutus by a Concubine by which Election we see injury was done to the Lineal Succession of three Parties first to the Sons of King Edmond Ironside that were in Sweedland then to the Princes of Edward and Alerud Sons to King Etheldred and Brothers to Ironside that were in Normandy and thirdly to Hardicanutus Son to Canutus by his Lawful Wife Emma to whom it was also assured at her Marriage that her Issue should succeed if she had any by Canutus After the death of this Harald who dyed in Oxford where he was elected within three years after his Election there came from Denmark Hardicanutus to claim the Crown that his Father and Brother had possessed before him of whose Coming Polidor saith libentissimis animis accipitur communique omnium consensu Rex dicitur He was received with great good-will of all and by common Consent made King and this was done by the States without any respect had of the Succession of those Princes in Normandy and Swedeland and who by birth were before him as hath been shewed and this is the second breach of Lineal Descent after Etheldred
But this Hardicanutus being dead also upon the sudden at a certain Banquet in Lambeth by London without issue within two years after his Coronation the States of the Realm had determined to chuse Aludred for their King who was younger Brother to Edward and for that cause sent for him out of Normandy as Polidor recounteth and had made him King without all doubt for that he was esteemed more Stirring and Valiant than his elder Brother Edward had not Earl Goodwin of Kent fearing the young man's stomach raised a strong Faction against him and thereupon also caused him to be traiterously murthered as he passed through Kent towards London nor had the State herein any respect to Antiquity of Bloud for that before Alfred were both his own elder Brother Prince Edward who after him was chosen King and before them both were Edmond and Edward the Children of their elder Brother Edmond Ironside as hath been said and this is the third Breach of Lineal Descent But this notwithstanding Alured being slain Prince Edward was made King tanta publica laetitta saith Polidor ut certatim pro ejus saelici Principatu cuncti vot a facerent That is He was made King with such universal joy and contentment of all men as every man contended who should pray and make most Vows to God for his happy Reign And according to this was the Success for he was a most Excellent Prince and almost miraculously he Reigned with great Peace and void of all War at home and abroad for the space of almost twenty years after so infinit Broils as had been before him and ensued after him and yet his Title by Succession cannot be justified as you see for that his eldest Brothers Son was then alive to wit Prince Edward sirnamed the Outlaw who in this Kings Reign came into England and brought his Wife and three lawful Children with him to wit Edgar Margaret and Christian but yet was not this good King Edward so scrupulous as to give over his Kingdom to any of them or to doubt of the Right of his own Title which he had by Election of the Commonwealth 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 all it seemeth they excluded him that was only Next by Propinquity in Bloud which was Edgar Adelin Son to the said Prince Edward the Outlaw now departed and Nephew to King Edmond Ironside and the reason of this exclusion is alledged by Polidor in these words is puer id aetatis nondum regno gubernando maturus erat That is he being a Child of so small-years was not ripe enough to Govern the Kingdom And then he saith that Harald Son of Earl Goodwin by the Daughter of Canutus the First proclaimed himself King and moreover he addeth Non displicuit omnino id factum populo qui plurimum s●ei in Haraldi virtute habebat itaque more majorum sacratus est which is This fact of Harald displeased not at all the People of England for that they had great hope in the vertue of this Harald and so was he Anointed and Crowned according to the Fashion of the antient Kings of England By which words we may see that Harald had also the approbation of the Realm to be King notwithstanding that little Edgar was present as hath been said so as this was the fourth Breach of Succession at this time But in the mean space William Duke of Normandy pretended that he was chosen before by King Edward the Confessor and that the Realm had given their consent thereunto and that King Edward left the same testified in his last Will and Testament and albeit none of our English Authors do avow the same clearly yet do many other foreign Writers hold it and it seemeth very probable that some such thing had past both for that Duke William had many in England that did favour his Pretence at his entrance as also as Gerard in his French Story saith that at his first Coming to London he punished divers by name for that they had broken their Oaths and Promises in that behalf And moreover it appeareth that by alledging this Title of Election he moved divers Princes abroad to favour him in that Action as in a just Quarrel which is not like they should have done if he had pretended only a Conquest or his Title of Consanguinity which could be of no importance in the World for that effect seeing it was no other but that his Grandfather and King Edward's Mother were Brother and Sister which could give him no pretence at all to the Succession of the Crown by Bloud and yet wee see that divers Princes did assist him and among others the French Chronicler Gerard so often named before writeth that Alexander the second Pope of Rome whose Holiness was so much esteemed in those days as one Constantinus Afer wrot a Book of his Miracles being informed by Duke William of the Justness of his pretence did send him his Benediction and a precious Ring of Gold with an Hallowed Banner by which he got the Victory thus writeth Gerard in his French Chronicles and Antoninus Archbishop of Florence sirnamed Sainct writing of this matter in his Chronicles speaketh great good of William Conquerour and commendeth his Enterprize But howsoever this was the Victory we see he got and God prospered his Pretence and hath confirmed his Off-spring in the Crown of England more than 500. Years together So as now accounting from the the death of King Edmond Ironside unto this man we shall find as before I have said in less than 50 Years that 5. or 6. Kings were made in England one after another by only Authority and Approbation of the Commonwealth contrary to the ordinary Course of Lineal Succession by Propinquity of Blood And all this is before the Conquest but if we should pass any further down we should find more Examples than before For First the two Sons of the Conquerour himself that succeeded after him to wit William Rufus and Henry the I. were they not both younger Brothers to Robert Duke of Normandy to whom the most part of the Realm was inclined as Polydor saith to have given the Kingdom presently after the Conquerours death as due to him by Succession notwithstanding that William for particular displeasure against his elder Son had ordained the contrary in his Testament But that Robert being absent in the War of Hierusalem the Holy and Learned man Laufranke as he was accounted then Archbishop of Canterbury being deceived with vain hope of William Rufus's good nature perswaded them the contrary who was at that day of high Estimation and Authority in England and so might induce the Realm to do what he liked By like means got Henry his younger Brother the same Crown afterwards to wit by fair Promises to the
Constance as also by divers other participations of the Bloud-Royal of England as afterwards will appear Now then to come to the second Daughter of King William the Conquerour or rather the third for that the first of all was a Nun as before hath been noted her name was Adela or Alice as hath been said and she was Married in France to Stephen Count Palatine of Champagne Charters and Bloys by whom she had a Son called also Stephen who by his Grand Mother was Earl also of Bullaine in Picardy and after the death of his Uncle King Henry of England was by the favour of the English Nobility and especially by the help of his own Brother the Lord Henry of Bl●is that was Bishop of Winchester and Jointly Abbot of Glastenbury made King of England and this both in respect that Mathilda Daughter of King Henry the first was a Woman and her Son Henry Duke of Anjou a very child and one degree farther off from the Conqueror and from King Rufus then Stephen was as also for that this King Henry the first as hath been signified before was judged by many to have entred wrongfully unto the Crown and thereby to have made both himself and his posterity incapable of Succession by the violence which he used against both his elder Brother Robert and his Nephew Duke William that was Son and Heir to Robert who by nature and Law were both of them hold for Soverains to John by those that favoured them and their pretentions But yet howsoever this were we see that the Duke of Britainy that lived at that day should evidently have succeeded before Stephen for that he was descended of the elder Daughter of the Conqueror and Stephen of the younger though Stephen by the commodity he had of the nearness of his Port and Haven of Bullain into England as the French stories do say for Calis was of no importance at that time and by the friendship and familiarity he had goten in England during the Reign of his two Uncles King Rufus and King Herny and especially by the he●p of his Brother the Bishop and Abbot as hath been said he got the start of all the rest and the states of England admitted him This man although he had two Sons namely E●stachius Duke of Normandy and William Earl of Norfolk yet left they no Issue And his Daughter Mary was Married to Matthew of Flanders of whom if any Issue remains it fell afterwards upon the House of Austria that succeeded in those States To King Stephen who left no Issue succeeded by composition after much War Henry Duke of Anjou Son and Heir to Mathilda before named Daughter of Henry the first which Henry named afterward the second took to his Wife Eleanor Daughter and Heir of William Duke of Aquitain and Earl of Poytiers which Eleanor had been Married before to the King of France Lewis the VII and bare him two Daughters but upon dislike conceaved by the one against the other they were Divorced under pretence of being within the fourth degree of Consanguinity and so by second Marriage Eleanor was Wife to this said Henry who afterwards was King of England by name of King Henry the II. that procured the death of Thomas Backet Archbishop of Canterbury and both before and after the greatest Enemy that ever Lewis the King of France had in the World and much the greater for his Marriage by which Henry was made far stronger for by this Woman he came to be Duke of all Aquitain that is of Gascony and Guiene and Earl of all the Country of Poytiers whereas before also by his Fathers inheritance he was Duke both of Anjou Touraine and Maine and his Mother Mathilda King Henries Daughter of England he came to be King of Enland and Duke of Normandy and his own industry he got also to be Lord of Ireland as also to bring Scotland under his homage so as he enlarged the Kingdom of England most of any other King before or after him This King Henry the II. as Stow recounteth had by Lady Eleanor five Sons and three Daughters His eldest Son was named William that dyed young his second was Henry whom he caused to be crowned in his own Life time whereby he received much trouble but in the end this Son dyed before his Father without issue His third Son was Richard sirnamed for his valour Cor de Leon who reigned after his Father by the name of Richard the I. and dyed without issue in the Year of Christ 1199. His fourth Son named Geffrey married Lady Constance Daughter and Heir of Britany as before hath been said and dying left a son by her named Arthur which was Duke of Britany after him and pretended also to be King of England but was put by it by his Uncle John that took him also Prisoner and kept him also in the Castle first of Fallaise in Normandy and then in Rouan until he caused him to be put to death or slew him with his own hands as French Stories write in the Year 1204 This Duke Arthur left behind him two Sisters as Stow writeth in his Chronicles but others write that it was but one and at least wise I find but one named by the French Stories which was Eleanor whom they say King John also caused to be murthered in England a little before her Brother the Duke was put to death in Normandy and this was the end of the Issue of Geffrey whose Wife Constance Dutchess of of Britany married again after this Murther of her Children unto one Guy Vicount of Touars and had by him two daughters whereof the eldest named Alice was Dutchess of Britany by whom the Race hath been continued unto our time The Fifth Son of King Henry the II. was named John who after the death of his Brother Richard by help of his Mother Eleanor and of Hubert Archbishop of Canterbury drawn thereunto by his said Mother got to be King and put back his Nephew Arthur whom King Richard before his departure to the War of the Holy Land had caused to be declared Heir apparent but John prevailed and made away both Nephew and Neece as before hath been said for which Fact he was detested of many in the World abroad and in France by Act of Parliament deprived of all the States he had in those parts Soon after also the Pope gave sentence of Deprivation against him and his own Barons took Arms to execute the sentence and finally they deposed both him and his young Son Henry being then but a Child of eight years old and this in the eighteenth year of his Reign and in the Year of Christ 1215. and Lewis the VIII of that name Prince at that time but afterwards King of France was chosen King of England and sworn in London and placed in the Tower though soon after by the sudden death of King John
reason is for that we read that this Lord Edmond was a goodly wise discreet Prince notwithstanding that some Authors call him Crouchback and that he was highly in the favour both of his Father King Henry as also of his Brother King Edward and imployed by them in many great Wars and other affairs of State both in France and other where which argueth that there was no such great defect in him as should move his Father and the Realm to deprive him of his Succession Thirdly we read that King Henry procured by divers ways and means the advancement of this Lord Edmond as giving him the Earldoms of Leicester and Darby besides that of Lancaster as also procuring by all means possible and with exceeding great charges to have made him King of Naples and Sicilie by Pope Innocentius which had been no policy to have done if he had been put back from his Inheritance in England for that it had been to have Armed him against his Brother the King Fourthly we see that at the death of his Father King Henry the III. this Lord Edmond was principally left in charge with the Realm his elder Brother Prince Edward being scarsly returned from the War of Asia at what time he had good occasion to challenge his own right to the Crown if he had had any seeing he wanted no power thereunto having three goodly Sons at that time alive born of his Wife Queen Blanch Daugher of Navarre and County of Champain to whom she had born only one Daughter that was married to Philip le Bel King of France But we shall never read that either he or any of his Children made any such claim but that they lived in very good agreement and high grace with King Edward the first as his Children did also with King Edward the II. until he began to be mis-led in Government and then the two Sons of this Lord Edmond I mean both Thomas and Henry that Successively were Earls of Lancaster made War upon the said Edward the II. and were the principal Actors in his deposition and in setting up of his Son Edward the III. in his place a● what time it is evident that they might have put in also for themselves if their title had been such as this report maketh it A fifth reason is for that if this had been so that Edmond Earl of Lancaster had been the elder Brother then had the controversie between the two Houses of York and Lancaster been most clear and without all doubt at all for then had the House of York had no pretence of right in the World and then were it evident that the Heirs general of Blanch Dutchess of Lancaster Wife of John of Gaunt to wit the descendents of Lady Philip her Daughter that was married into Portugal these I say and none other were apparent and true Heirs to the Crown of England at this day and all the other of the House of York usurpers as well King Henry the VII as all his posterity and off-spring for that none of them have descended of the said Blanch as is manifest And therefore lastly the matter standeth no doubt as Polidor holding in the latter end of the life of King Henry the III. where having mentioned these two Sons Edward and Edmond he addeth these words There wanted not certain men long time after this that affirmed this Edmond to be the elder Son to King Henry the III. and to have been deprived of his Inheritance for that he was deformed in body but these things were feigned to the end that King Henry the IV. that came by his Mothers side of this Edmond might seem to have come to the Kingdom by right whereas indeed he got it by force Thus saith Polidor in this place but afterward in the beginning of the life of the said King Henry the IV. he saith that some would have had King Henry to have pretended this Title among other reasons but that the most part accounting it but a meer fable it was omitted Now then it being clear that of these two Sons of King Henry the III. Prince Edward was the Elder and Lawful Heir it remaineth only that we set down their several descents unto the times of King Edward the III. and his Children in whose days the dissention and controversie between these Royal Houses of York and Lancaster began to break forth And for the Issue of Edward that was King after his Father by the name of King Edward the first it is evident that albeit by two several Wives he had a dozen Children male and female yet only his fourth Son by his first Wife called also Edward who was King after him by the name of King Edward the II left Issue that remained which Edward the II being afterward for his evil Government deposed left Issue Edward the III. who was made King by election of the people in his place and after a long and prosperous Reign left divers Sons whereof after we shall speak and among them his III. Son named John of Gaunt married Lady Blanch Daughter and Heir of the House of Lancaster and of the forenamed Lord Edmond Crouchback by which Blanch John of Gaunt became Duke of Lancaster so as the lines of these two Brethren Edward and Edmond did meet and joyn again in the fourth descent as now shall appear by declaration of the Issue of the foresaid Lord Edmond Edmond then the second Son of King Henry the third being made County Palatine of Lancaster as also Earl of Leicester and of Darby by his Father King Henry as hath been said had issue three Sons to wit Thomas Henry and John among whom he divided his three States making Thomas his eldest Son County Palatine of ●ancaster Henry Earl of Leicester and John Earl of Darby But Thomas the eldest and John the youngest dying without Issue all three States fell again upon Henry the second Son which Henry had Issue one Son and three Daughters his Son was named Henry the second of that name Earl of Lancaster and made Duke of Lancaster by King Edward the third and he had one only Daughter and Heir named Blanch who was married unto John of Gaunt as before hath been said But Duke Henry's three Sisters named Joan Mary and Eleanor were all married to divers principal men of the Realm for that Joan was married to John Lord Maubery of whom are descended the Howards of the House of Norfolk at this day and Mary was married to Henry Lord Percy from whom cometh the House of the Earls of Northumberland and Eleanor was married to Richard Earl of Arundel thence is issued also by his Mothers side the Earl of Arundel ●hat now is so as of this ancient Line of Lancaster there want not noble Houses within the Realm at this day issued thence before the controversie fell out between York and this Family of which controversie how it rose and how it was continued I
shall now begin to make more particular declaration taking my beginning from the Children of King Edward the third who were the causers of this fatal dissention CHAP. III. Of the succession of English Kings from King Edward the third unto our days with the particular causes of dissention between the Families of York and Lancaster more largely declared KIng Edward the third surnamed by the English the Victorious though he had many Children whereof some died without Issue which appertain not to us to treat of yet had he five Sons that left Issue behind them to wit Edward the eldest that was Prince of Wales surnamed the Black Prince Leonel Duke of Clarence which was the second Son John of Gaunt so called for that he was born in that City that was the third Son and by his Wife was Duke of Lancaster and fourthly Edmond surnamed of Langley for that he was also born there and was Duke of York and last of all Thomas the fifth Son surnamed of Woodstock for the same reason of his birth and was Duke of Gloucester All these five Dukes being great Princes and Sons of one King left Issue behind them as shall be declared and for that the descendents of the third and fourth of these Sons to wit of the Dukes of Lancaster and York came afterward to strive who had best Title to Reign thereof it came that the controversie had his name of these two Families which for more distinction sake and the better to be known took upon them for their Ensigns a Rose of two different colours to wit the White Rose and the Red as all the World knoweth whereof the White served for York and the Red for Lancaster To begin then to shew the Issue of all these five Princes it is to be noted that the two elder of them to wit Prince Edward and his second Brother Leonel Duke of Clarence dyed both of them before King Edward their Father and left each of them an Heir for that Prince Edward left a Son named Richard who Succeeded in the Crown immediately after his Grand-father by the name of King Richard the second but afterward for his evil Government was deposed and dyed in prison without Issue and so was ended in him the Succession of the first Son of King Edward The second Son Leonel dying also before his Father left behind him one only Daughter and Heir named Philippa who was married to one Edmond Mortimer ●arl of March and he had by her a Son and Heir named Roger Mortimer which Roger had Issue two Sons named Edmond and Roger which dyed both without Children and one daughter named Anne Mortimer who was married unto Richard Plantagenet Earl of Cambridge second Son unto Edmond Langly Duke of York which Duke Edmond was fourth Son as hath been said unto King Edward the third and for that this Richard Plantagenet married the said Anne as hath been said hereby it came to pass that the House of York joyned two titles in one to wit that of Leonel Duke of Clarence which was the second Son of King Edward the third and that of Edmond Langly Duke of York which was the fourth Son and albeit this Richard Plantagenet himself never came to be Duke of York for that he was put to death while his elder Brother lived by King Henry the fifth for a conspiracy discovered in Southampton against the said King when he was going over into France with his Army yet he left a Son behind him named also Richard who afterward came to be Duke of York by the death of his Uncle which Uncle was slain soon after in the Batte● of Age●cou●t in France and this Richard began first of all to prosecute openly his quarrel for the Title of the Crown against the House of Lancaster as a little afterward more in particuler shall be declared as also shall be shewed how that this 2 Richard Duke of York being slain also in the same quarrel left a Son named Edward Earl of March who after much trouble got to be King by the name of King Edward the 4 by the oppression and putting down of King Henry the 6 of the House of Lancaster and was the first King of the House of York whose Genealogy we shall lay down more largely afterwards in place convenient And now it followeth in order that we should speak of John of Gaunt the third Son but for that his descent is great I shall first shew the descent of the fifth and last Son of King Edward who was Thomas of Woodstock Duke of Glocester and Earl of Buckingham that was put to death afterward or rather murthered wrongfully by order of his Nephew King Richard the second and he left only one daughter and Heir named Anne who was married to the Lord Stafford whose Family afterward in regard of this marriage came to be Dukes of Buckingham and were put down by King Richard the third and King Henry the eighth albeit some of the bloud and name do remain yet still in England And thus having brought to an end the Issue of three Sons of King Edward to wit of the first second and fifth and touched also somewhat of the fourth there resteth to prosecute more fully the Issues and descents of the third and fourth Sons to wit of John of Gaunt Duke of Lancaster and of Edmond Langly Duke of York which are the Heads of these two Noble Families which thing I shall do in this place with all brevity and perspicuity possible beginning first with the House of Lancaster John of Gaunt third Son of King Edward being Duke of Lancaster by his Wife as hath been said had three Wives in all and by every one of them had issue though the Bishop of Ross in his great Latine Arbour of the Genealogies of the Kings of England Printed in Paris in the year 1580. assigneth but one Wife only to this John of Gaunt and consequently that all his Children were born of her which is a great and manifest errour and causeth great confusion in all the rest which in his Book of the Queen of Scots Title he buildeth hereon for that it being evident that only the first Wife was Daughter and Heir of the House of Lancaster and John of Gaunt Duke thereof by her it followeth that the Children only that were born of her can pretend properly to the inheritance of that house and not others born of John of Gaunt by other wives as all the World will confess First then as I have said this John of Gaunt married Blanch Daughter and Heir of Henry Duke of Lancaster and had by her one Son only and two Daughters The Son was called Henry Earl first of Darby and after made Duke of Hereford by King Richard the second and after that came to be Duke also of Lancaster by the death of his Father and lastly was made King by the deposition of his Cousen German the said King
Richard and Reigned 13. years by the name of King Henry the fourth and was the first King of the House of Lancaster of the right of whose title examination shall be made afterwards The first of the two daughters which John of Gaunt had by Blanch was named Philippa who was married to John the first of ●hat name King of Portugal by whom she had Issue Edward King of Portugal and he Alfonsus the fifth and he John the second and so one after another even unto our days The second daughter of John of Gaunt by Lady Blanch was named Elizabeth who was married to John Holland Duke of Exeter and she had Issue by him another John Duke of Exeter and he had Issue Henry Duke of Exeter that died without Issue Male leaving only one Daughter named Anne who was married to Sir Thomas Nevil Knight and by him had Issue Ralph Nevil third Earl of Westmerland whose Lineal Heir is at this day Lord Charles Nevil Earl of Westmerland that liveth banished in Flanders And this is all the Issue that John of Gaunt had by Lady Blanch his first Wife saving only that I had forgotten to prosecute the Issue of Henry his first Son surnamed of Bullenbroke that was afterward called K. Henry the fourth which King had four Sons and two daughters his daughters were Blanch and Philippa the first married to William Duke of Bavaria and the second to Erick King of Denmark and both of them died without Children The four Sons were first Henry that Reigned after him by the name of Henry the fifth and the second was Thomas Duke of Clarence the third was John Duke of Bedford and the fourth was Humphry Duke of Glocester all which three Dukes died without Issue or were slain in Wars of the Realm so as only King Henry the fifth their elder Brother had Issue one Son named Henry also that was King and Reigned 40 years by the name of Henry the sixth who had Issue Prince Edward and both of them I mean both Father and Son were murthered by order or permission of Edward Duke of York who afterward took the Crown upon him by the name of King Edward the fourth as before hath been said so as in this King Henry the sixth and his Son Prince Edward ended all the bloud-Royal male of the House of Lancaster by Blanch the first Wife of John of Gaunt and the Inheritance of the said Lady Blanch returned by right of succession as the favourers of the House of Portugal affirm though others deny it unto the Heirs of Lady Philip her eldest daughter married into Portugal whose Nephew named Alfonsus the fifth King of Portugal lived at that day when King Henry the sixth and his Heir were made away and thus much of John of Gaunt's first marriage But after the death of the Lady Blanch John of Gaunt married the Lady Constance daughter and H●ir of Peter the first surnamed the Cruel King of Castile who being driven out of his Kingdom by Henry his Bastard-brother assisted thereunto by the French he fled to Bourdeaux with his Wife and two daughters where he found Prince Edward eldest Son to King Edward the third by whom he was restored and for pledge of his fidelity and performance of other conditions that the said King Peter had promised to the Prince he left his two daughters with him which daughters being sent afterwards into England the eldest of them named Constance was married to John of Gaunt and by her Title he named himself for divers years afterwards King of Castile and went to gain the same by Arms when Peter her Father was slain by his foresaid Bastard-brother But yet some years after that again there was an agreement made between the said John of Gaunt and John the first of that name King of Castile Son and Heir of the foresaid Henry the Bastard with condition that Catharine the only daughter of John of Ga●nt by Lady Constance should marry with Henry the third Prince of Castile Son and Heir of the said King John and Nephew to the Bastard Henry the second and by this means was ended that controversie between England and Castile And the said Lady Catharine had Issue by King Henry John the second King of Cas●●●e and he Isabel that married with Ferdinando the Catholick King of Aragon and joyned by that marriage both those Kingdoms together and by him she had a daughter named Joan that married Philip Duke of Austria and Burgundy and by him had Charles the such that was Emperor and Father to King Philip that now reigneth ●n Spain who as we see is descided two ways from John of Gaunt Duke of Lancaster to wit by two daughters begotten of two Wives Blanch and Constance neither had John of Gaunt any more Children by Constance but only this daughter Catharine of whom we have spoken wherefore now we shall speak of his third Wife that was Lady Catharine Swinford This Lady Catharine as English Histories do note was born in Heinalt in Flanders and was daughter to a Knight of that Country called Sir Payne de Ruet and she was brought up in her youth in the Duke of Lancasters house and attended upon his first Wife Lady Blanch and being fair of personage grew in such favour with the Duke as in the time of his second Wife Constance he kept this Catharine for his Concubine and begat upon her four Children to wit three Sons and ● daughter which daughter whose name was Jane was married to Ralph Earl of Westmorland called commonly in those days Daw Raby of whom descended the Earls of Westmorland that ensued His three Sons were John Thomas and Henry and John was first Earl and then Duke of Summerset Thomas was first Marques of Dorset and then Duke of Excester Henry was Bishop of Winchester and after Cardinal And after John of Gaunt had begotten all these four Children upon Catharine he married her to a Knight in England named Swinford which Knight lived not many years after and John of Gaunt coming home to England from Aquitaine where he had been for divers years and seeing this old Con●●●●ne of his Catharine to be now a Widow and himself also without a Wife for that the Lady Constance was dead a little before for the love that he bore to the Children that he had begotten of her he determined to marry her and thereby the rather to legitimate her Children though himself were old now and all his Kindred utterly against the Marriage and so not full two years before his death to wit in the Year of Christ 1396. he married her and the next Year after in a Parliament begun at Westminster the 22 of January Anno Domini 1397. he caused all his said Children to be legitimated which he had begotten upon this Lady Swinford before she was his Wife But now to go forward to declare the Issue of these three Sons of John of Gaunt by Catharine
Richard had still great jealousie of his Uncle the Duke of Lancaster and of his off-spring considering how doubtful the question was among the Wise and Learned of those days For more declaration whereof I think it not amiss to alledge the very words of the foresaid Chronicler with the examples by him recited thus then he writeth About this time saith he there did arise a great and doubtful question in the World whether Uncles or Nephews that is to say the younger Brother or else the Children of the elder should Succeed unto Realms and Kingdoms which controversie put all Christianity into great broils and troubles for first Charles the second King of Naplis begat of Mary his Wife Queen and Heir of Hungary divers Children but namely three Sons Mar●el Robert and Philip Martel dying before his Father left a Son named Charles which in his Grand-mothers right was King also of Hungary but about the Kingdom of Naples the question was when King Charles was dead who should Succeed him either Charles his Nephew King of Hungary or Robert his second Son but Robert was preferred and Reigned in Naples and enjoyed the Earldom of Provence in France also for the space of 33. years with great renown of Valor and Wisdom And this is own example that Girard recounteth which example is reported by the famous Lawyer Bartholus in his Commentaries touching the Succession of the Kingdom of Cicilia and he saith that this Succession of the Uncle before the Nephew was averred also for rightful by the Learned of that time and confirmed for just by the judicial sentence of Pope Boniface and that for the reasons which afterward shall be shewed when we shall treat of this question more in particular Another example also reporteth Girard which ensued immediately after in the same place for that the foresaid King Robert having a Son named Charles which died before him he left a daughter and Heir named Joan Neece unto King Robert which Joan was married to Andrew the younger Son of the foresaid Charles King of Hungary but King Robert being dead there stept up one Lewis Prince of Tarranto a place of the same Kingdom of Naples who was Son to Philip before mentioned younger Brother to King Robert which Lewis pretending his right to be better then that of Joan for that he was a man and one degree nearer to King Charles his Grand-father then Joan was for that he was Nephew and she Neece once removed he prevailed in like manner and thus far Girard Historiographer of France And no doubt but if we consider examples that fell out even in this very age only concerning this controversie between the Uncle and Nephew we shall find store of them for in Spain not long before this time to wit in the year of Christ 1276. was that great and famous determination made by Don Alonso the wise eleventh King of that name and of all his Realm and Nobility in their Courts or Parliament of Segovia mentioned before by the Civilian wherein they dis●inherited the Children of the Prince Don Alonso de la Cerda that died as our Prince Edward did before his Father and made Heir apparent Don Sancho Bravo younger Brother to the said Don Alonso and Uncle to his Children the two young Cerda's Which sentence standeth even unto this day and King Philip enjoyed the Crown of Spain thereby and the Dukes of Medina Celi and their race that are descendents of the said two Cerda's which were put back are Subjects by that sentence and not Soveraigns as all the World knoweth The like controversie fell out but very little after to wit in the time of King Edward the third in France though not about the Kingdom but about the Earldom of Artoys but yet it was decided by a solemn sentence of two Kings of France and of the whole Parliament of Paris in favour of the Aunt against her Nephew which albeit it cost great troubles yet was it defended and King Philip of Spain holdeth the County of Artoys by it at this day Polydor reporteth the story in this manner Robert Earl of Artoys a man famous for his Chivalry had two Children Philip a Son and Maude a daughter this Maude was married to Otho Earl of Burgundy and Philip dying before his Father left a Son named Robert the second whose Father Robert the first being dead the question was who should Su●●eed either Maude the daughter or Robert the Nephew and the matter being remitted unto Philip le Bel King of France as chief Lord at that time of that State he adjudged it to Maude as to the next in bloud but when Robert repined at this sentence the matter was referred to the Parliament of Paris which confirmed the sentence of King Philip whereupon Robert making his way with Philip de Valoys that soon after came to be King of France he assisted the said Philip earnestly to bring him to the Crown against King Edward of England that opposed himself thereunto and by this hoped that King Philip would have revoked the same sentence but he being once established in the Crown answered that a sentence of such importance and so maturely given could not be revoked Whereupon the said Robert fled to the King of Englands part against France Thus far Polydor. The very like sentence recounteth the same Author to have been given in England at the same time and in the same controversie of the Uncle against the Nephew for the Succession to the Dukedom of Britany as before I have related wherein John Breno Earl of Monford was preferred before the daughter and Heir of his elder Brother Guy though he were but of the half bloud to the last Duke and she of the whole For that John the third Duke of Britany had two Brothers first Guy of the whole bloud by Father and Mother and then John Breno his younger Brother by the Fathers side only Guy dying left a daughter and Heir named Jane married to the Earl of Bloys Nephew to the King of France who after the death of Duke John pretended in the right of his Wife as daughter and Heir to Guy the elder Brother but King Edward the third with the State of England gave sentence for John Breno Earl of Monford her Uncle as for him that was next in consanguinity to the dead Duke and with their Arms the State of England did put him in possession who slew the Earl of Bloys as before hath been declared and thereby got possession of that Realm and held it ever after and so do his Heirs at this day And not long before this again the like resolution prevailed in Scotland between the House of Balliol and Bruse who were competitors to that Crown by this occasion that now I will declare William King of Scots had Issue two Sons Alexander that Succeeded in the Crown and David Earl of Huntington Alexander had Issue another Alexander and a daughter
the other reasons of exclusion which men do lay against the House of Scotland whereof one is urged much by the House of Suffolk and grounded upon a certain Testament of King Henry the eighth as before hath been touched by which Testament the said House of Suffolk that is to say the Heirs of the Lady Frances and of the Lady Eleanor Neeces to King Henry the eighth by his second Sister Mary are appointed to succeed in the Crown of England before the Heirs of Margaret the first Sister married in Scotland if King Henry's own Children should come to die without Issue as now they are all like to do and this Testament had both the Kings hand or stamp unto it and divers Witnesses names besides and was enrolled in the Chancery and was authorized by two Acts of Parliament two wit in the 28. and 35. years of King Henry in which Parliaments authority was given to the said King to dispose and ordain of this point of succession as he and his learned Councel should think best for the weal publick This is the effect of this Argument which albeit the former Books of Mr. Morgan and the Bishop of Ross and some other of the Scottish favourers do seek to refut by divers means and ways as before in the first chapter of this discourse is set down and especially by the Testimony of the Lord Paget and Sir Edward Montague that said the stamp was put unto it after the King was past sense yet they of of the House of Suffolk are not satisfied without that answer for that they say that at least howsoever that matter of the late sealing be yet seeing the King willed it to be done drawn out and sealed it appeareth hereby that this was the last Will and judgment of King Henry and not revoaked by him which is sufficient say these men to answer the intent and meaning of the Realm and the authority committed to him by the foresaid two Acts of Parliament for the disposing of the succession which two Acts say these men containing the whole authority of the Commonwealth so seriously and diliberately given in so weighty an affair may not in reason be deluded or overthrown now by the saying of one or two men who for pleasing or contenting of the time wherein they speak might say or guess that the Kings memory was past when the stamp was put unto his Testament which if it were so yet if he commanded as hath been said the thing to be done while he had memory as it may appear he did both by the Witnesses that subscribed and by the enrollment thereof in the Chancery no man can deny but that this was the King's last Will which is enough for satisfying the Parliaments intention as these men do affirm A fourth argument is made against the King of Scots Succession by all the other competitors jointly and it seemeth to them to be an argument that hath no solution or reply for that it is grounded upon a plain fresh Statute made in the Parliament holden in the 27 year if I erre not of her Majesty that now is wherein it is enacted and decreed that whosoever shall be convinced to conspire attempt or procure the death of the Queen or to be privy or accessary to the same shall lose all right title pretence claim or action that the same parties or their Heirs have or may have to the Crown of England Upon which Statute seeing that afterward the Lady Mary late Queen of Scotland Mother of this King was condemned and executed by the authority of the said Parliament it seeemeth evident unto these men that this King who pretendeth all his right to the Crown of England by his said Mother can have none at all And these are the reasons proofs and arguments which divers men do alledge against the right of succession pretended by the King of Scots But now if we leave this point which concerneth the very right it self of his succession by bloud and will come to examine other reasons and considerations of State and those in particular which before I have mentioned that his favourers do alledge utility and common good that may be presumed will rise to the Realm of England by his admission to our Crown as also the other point also of establishment of Religion by them mentioned then I say these other men that are against his entrance do produce many other reasons and considerations also of great conveniencies as to them they seem against this point of admission and their reasons are these that follow First touching the publick good of the English Commonwealth by the uniting of both Realms of England and Scotland together these men do say that it is very doubtful and disputable whether the state of England shall receive good or harm thereby if the said union could be brought to pass First for that the state and condition of Scotland well considered it seemeth that it can bring no other commodity to England then increase of Subjects and those rather to participate the commodities and riches of England then to import any from Scotland And then secondly the aversion and natural alienation of that people from the English and their ancient inclination to joyn with the French and Irish against us maketh it very probable that that subjection of theirs to the Crown of England would not long endure as by experience we have seen since the time of King Edward the first when after the death of their King Alexander the third without Issue they chose King Edward to be their King delivered their Towns and Fortresses into his hands did swear him Fealty received his Deputy or Vice-Roy as Polydor at large declareth And yet all this served afterward to no other effect but only Slaughter Bloud-shed and infinite Losses and Charges of England Thirdly they say That if the King of Scots should come to possess the Crown of England he cannot chuse at least for many years but to stand in great jealousie of so many other Competitors of the English Bloud-Royal as he shall find in England against whom he must needs fortifie himself by those other Foreign Nations that may be presumed to be most sure unto him though most contrary by natural inclination and least tollerable in Government to English-men as are the Scots of whom he is born and Danes wi●h whom he is allied and French of whom he is descended and of the uncivil Part of Ireland with whom one great part of his Realm hath most Conjunction the Authority and sway of which four Nations in England and over English-men what trouble it may work every wise man may easily conjecture Besides that the Scotch-men themselves especially those of the Nobility do openly profess That they desire not this Conjunction and Subordination unto England which in no wise they can bear both for the aversion they have to all English Government over them as also for that their Liberties are
the Reasons that were on both Parties for this matter and so much the more for that it seemed to Fall very fit to the purpose of these pretences of Foreign Princes for which cause they entreated him very instantly that before he passed any further or ended his whole discourse of the Titles which hitherto they said had greatly contented them he would stay himself a little upon this matter which though for a time he made great difficulty to do yet in the end being so importuned by them he promised that at their Meeting the next day he would satisfie their desire and so for that time they departed very well contented but yet as they said with their Heads full of Titles and Titlers to the Crown CHAP. IX Whether it be better to be under a Foreign or Home born Prince and whether under a great and mighty Monarch or under a little Prince or King THe Company being gathered together the next day and shewing much desire to hear the point discussed about Foreign Government whereof mention had been made the day before the Lawyer began to say That for so much as they would needs have him to enter into that matter which of it self was full of prejudice in most mens ears and minds for that no Nation commonly could abide to hear of being under strange Governours and Governments he meant to acquit himself in this their Request as he had done in other matters before which was to lay down only the Opinions and Reasons of other men that had disputed this Affair on both sides before him and of his own to affirm or deny nothing And first of all against the Dominions of Strangers and Foreigners he said that he might discourse without end and fill up whole Books and Volumes with the Reasons and Arguments or at least wise with the dislikes and aversions that all men commonly had to be under strangers or to have any Aliens to bear Rule or Charge over them be they of what Condition State or Degree soever and in this he said that as well Philosophers Lawmakers wise and good men as others do agree commonly for that we see both by their Words Writings and Facts that they abhorr to subject themselves to strange Governments so as in all the eight Books of Aristotles's Politicks you shall still see that in all the different Forms of Commonwealths that he setteth down he presupposeth ever that the Government shall be by People of the self same Nation and the same thing do presume in like manner all those Law-makers that he there mentioneth to wit Minois Solon Lycurgus Numa Pompilius and the rest and he that shall read the Famous Invectives of Demosthenes against the pretentions of King Philip of Macedonia that desired to incroach upon the Athenians and other States of Greece as also his Orations against Aeschinos his Adversary that was thought secretly to Favour the said Foreign Prince shall see what Hatred that noble Orator had against Foreign Government and he that shall read the Books of our time either of the Italians when they spake of their Subjection in times past to the Lombardes German or French Nations or to the Spaniards at this day or shall consider what the French do presently write and inveigh against the Power of the House of Guyse and Lorayne in France for that they take them to be Strangers shall easily see how deeply this aversion against Strangers is rooted in their Hearts and this for Testimony of words But now if we will consider the Facts that have ensued about this matter and how much Blood hath been ●hed and what desperate Attempts have been taken in hand by divers Nations for avoiding their subjection to strangers or for delivering themselves from the same again if once they have faln into it you shall behold more plainly the very Impression of Nature her self in this Affair for of divers barbarous Nations Realms and Cities we read in Histories we read that they rather chose to slay and murder themselves than to be under the Dominion of Stranger others have adventured strange Attempts and Bloody Stratagems as the Sicilians who in one day and at the self same hour at the time of Evening S●ng slew all the French-men that were within the Island whom yet themselves had called and invited thither not long before And the like is recorded in our English Histories of killing the Danes by English men at one time in most ruful manner And the like was oftentimes thought on also by the English against the Normans when they Oppressed us and by the French against the English whiles we had Dominion in Fran●e though neither the one nor the other of these latter designments could be effectuated for want of Forces and Commodity by reason of the watchfulness of the contrary part But yet to speak only of France the Rage and Fury of the French was generally so great and implacable against the English that Governed there in the Reign of King Henry the VI. as both Polydor and other Histories do note ●t what time partly by the dissensions of the Houses of York and Lancaster in England and partly by the valour of their own new King Charles the VII they had hope to be rid of the English Dominion as no Perswasion or Reason no Fear of Punishment no Force of Arms no Promise or Threat no Danger no Pity no Religion no Respect of God nor Man could repress or stay them from rising and revolting every where against the English Government and Governours murthering those of the English Nation in all parts and corners wheresoever they found them without remorse or compassion until they were utterly delivered of their Dominion So as this matter is taught us say these men even by Nature her self that Strangers Government is not to be admitted and moreover the reasons before alledged against the King of Scotlands pretence together with the example and judgments of the Realms of Spain and Portugal who resolved rather to alter the true Order and Course of their Succession than to admit Strangers over them do plainly Confirm the same And last of all say these men the Authority of Holy Scripture is evident in this behalf for that when● God in Deuteronomy did fortel by Moses that the Jews in time would come to change their Government and to desire a King as other Nations round about them had he added yet this express Condition that he should be only of their own Nation for he saith Constitues eum quem Deus tuus el●gerit de numero fratrum tuorum non poteris altertus gentis hominem Regem facere qui non sit frater tuus that is Thou shalt make a King at that time such a one as thy Lord God shall chuse for that dignity out of the number of thy Brethren but thou mayst not make a King of any other Nation but of thy own Brethren
not of the House of Lancaster The King of Scots forrain born The controversie about forrain birth How strangers may inherit Reasons why the statute toucheth not one case The Crown not holden by allegiance 5. Reason King Henrys Testament against the King of Scots Answers to the King's Testament The King of Scots excluded by the statute of association Joyning of England and Scotland together Polyd. lib 17. in vit Edw. l. Inconveniences of bringing Strangers into England A Consideration of Importance Polyd. Hist Ang. l. 8. 9. Example of Spain Garibay l. 29. c. 42. An. Dom. 1207. Example out of Portugal Garibay l. 34. c. 38. An. Dom. 1383. S●ow pa. 4. 54 59 90 76. Of ●he 〈◊〉 of Scotland Of the title of Lady Arabella An English Woman Against Arabella Not of the House of Lancaster The Testament of King Henry The countess of Darby nearer by a degree Illegitim●tion by ●●s●ardy The Testimony of the L. William Howard Other reasons of 〈◊〉 against Arab●l● 〈…〉 Polyd. l. 12. Garibay l. 12. c. 42. ● The Issue of Charles Brandon Issue of Lady Frances Stow an 7. Edon 6. The Issue of the Lady Katharine The Issue of Lady Eleanor Allegations of the Houses of Darby and Hartford the one against the other Charles Brandon had a Wife alive First Bastardy against the Issue of Hartford Stow in vit Edward An. 1553. 2 Bastardy 3 Bastardy The fourth Bastardy common to both Families of Suffolk The Answer of t●ose of Hartford to the foresaid Bastardies Of the marriage between the Earl of Hartford and the Lady Katharine Gray How the second Son of the Earl of Hartford may be legitimate Allegations of the House of Darby Why the Earl of Huntington●● House is 〈◊〉 to be of the House of Claren●e Issue of t●● House of Cl●rence Issue of ●i● Geffrey Poole The interest and pretence of the Earl of Huntington Objections against the Earl ●f Huntingt●n Restitution may be in bl●●d without restitution of dignity The Pretence of the Pooles against Huntington Objections of Religion The House of Britany The course of Inheritance in the Crown of France First pretence of the Infanta to England Polyd. in vit Guil. Ru●● Second pretence of the Infanta of Spain Pretence to Aquitain Polyd in vit Johan Garib in vit Alfons Pretences to England by Lady Blanch. Stow in vit Johannis Garib l. 12 c. 38. Pretence by Arthur Duke of Britany Belfor l 3. c. 71. Hist. Fran. Election of Lewis VIII to be King of England Po●yd l. 5. Hist. Angl. Hollings Stow in vit Johannis Belfor l. 2. c. 67. Girrard l. 5. Histor. Baudin an 891. chron France Pretence by Descent from Henry III. Admission by Composition Objections against the Infanta's pretence The Princes of Portugal are of the House of Lancaster The Issue of Lady Philippa Qu. of Portugal Issue of ●●hn of Gaunt 〈…〉 ●ee the Ar●●● 〈◊〉 ●he 〈…〉 Book The point of difficulty Issue of Catharine Swinford The principal question Answer Dutchy of Lancaster The Crown An example of Edward the sixth and of the Prince of Spain 〈◊〉 of 〈◊〉 of Portugal The Dukedom of Lancaster The Legiti●●●ion ●f C●th●rin Swinf●rds Chil●●●● no● lawf●l Stow in vit Ri●har 2. Garibay h●st Portugal l. 35. cap. 4. Note this example ●tow in vit Henrici 2. John of Gauntes Marriage with Catherine Swinford helpeth not the L●gitima●ion The Question between Lady Philippa and John of Somerset The Question between the Nephews 〈…〉 of 〈…〉 Portugal The proper Interest of King Henry the 4th cannot descend to King Henry the 7th Who are the Princes of Portugal and how they pretend ●o England The Issue of King Emmanuel of Portugal Issue of K. John the 3. of Portugal K. Lewis Father of Don Antonio K. Henry Cardinal The pretence of the Qunen Mother of France to Portugal Five Pretenders of the Crown of Portugal The contention about the Succession of Portugal Attorneys sent to Portugal A Sentence of Ill●●●imation against Don Antonio Writers of this Controversy The Causes why Don Antonio was pronounced Illegitimate Don Antonio his pretence to England Three principal pretenders of Portugal Pretences of the Duke of Parma For the Dutchess of Bragansa Representation excluded A Reply for ●he Du●e o● Pa●ma King Philip 's pretence to Portugal Divers allegations for King Philip. Hieron Frak● Jo. P●et Vipe● anus The case of pretence of the House of Portugal to England An objection with the answer Objections against the Pretenders of Portugal Answers Note this By what Title King Henry VII did enter About foreign power in England About Foreign Government The occasion of the next chapter about Foreign Government Reasons against foreign Government Polit. Arist. Demosthenis Philippicae in Aeschines Attempts to deliver Realms from strangers Quint. Curt. l. 5 6. de gest Alex. Vespere Sicilianae an 1265. Leand. in descript Siciliae Polyd. l. 8. Hollings in vit Camiti The rage of the French against the English The conclusion against Strangers Authority of Scripture against strangers Deut. 15. The answer in defence of foreign Government The effect of Governments to be considered and not the Governours An Example Little importeth the Subject of what Country his Governour is so he is good 1 Reg. 12. Not the Country but the good Government importeth Note these examples Who are properly Strangers Divers manners of being under Strangers To be undder strangers by Conquest How Conquerours do proceed towards ●he Conquered Polydor Virg. l. 8. Hist. Angliae Clemensy of the Romans Lib. 1. Macchab. ●ap 8. Strangers most favoured in wise Governments Gascoynes Britons Candians States o● Italy The condition of the Irish under the English Of the States of Flanders Girard du Ha●lan l. 18. an 1381. Prosperity of Flanders under the House of Austria In Gui●ciard nella descrittione delli pasi bassi The Authority of the Flomings at home The Indulgence mi●d ●o offenders 〈◊〉 ●landers The Spaniard punisheth less in Italy than nearer home V●ceroyes do give account of their Government Much slaughter of Nobility in England Execution of Nobility by Henry the eight Under King Edward and Queen Mary States governed happily by foreign Princes Old afflictions of Naples and Millain Whether a great or little Prince be better Pedro Mexio en vit de Antonio Pi●● The felicity of the Roman Government The second way of being under a foreign Prince A foreign Prince without Forces not prejudicial Note this utility of a foreign King The manner of foreign Prince more commodious for the present A third way of being under foreign Government 〈◊〉 of 〈◊〉 G●ve●●ent Incon●●●ence● of t●●s Government Strange Governo●●● desired in some Realm The Answer to objections against foreign Government Answer the Grecian Philosophers and Orators Demosthenes The troublsome state of the Grecian Cities Arist. l. 2. ●olit c. 1.2 ●●●wer to 〈◊〉 objection out of Deuteronomy Deut. 15. Secondary Lines Ambiguity of Prevailing Two Grounds of probability of speeding Three Religions in England The great Importance of Religion in this Action The next Change like to be difficult and why The consideration of the Protestant Party The Clergy The Council and Nobility Persons designed or favoured by the Protestant Party Foreign Friends of the Protestants Of the Party Puritan Persons affected by the Puritans External Friends Lutheran● The Puritan at home Those of the Roman Religion T●e R●man Party gr●at and w●y 1 Reg ●2 〈…〉 Friends and Allies abroad Considerations of 〈◊〉 Pretender in particular The King of Scotland Arabella The Lord Beacham and the Earl of Darby Alliance of the Earl of Darby A●●ance of the Seymers Alliance ●● the Stanleys A●l●ance of the old Countess of Darby The States of the Lord Beacham and the Earl of Darby 〈…〉 Lords The Earl of Huntington 〈◊〉 of the 〈…〉 ●unting●●● The Power of London Polydor. 24 Holingshed in vita Henrici VI. The Houses of Britain and Portugal Infanta of Spain Duke of Parma The Duke of Bragansa Power of foreign Pretenders The first Conjecture that there will be War and why Sup. c. 4. A consideration to be marked The second conjecture no main Battel probable The third Conjecture who is likest to prevail For the Infanta of Spain For the Earl of Hartfod's second Son Sup. c. 6. For the Children of the Countess of Darby Garibay l. a 5. c. 36 Polydor in rit Steph.
A CONFERENCE About the Next SUCCESSION TO THE Crown of England Divided into Two Parts The First containeth The Discourse of a Civil Lawyer how and in what manner Propinquity of Bloud is to be preferred The Second containeth The Speech of a Temporal Lawyer about the particular Titles of all such as do or may pretend within England or without to the next Succession Whereunto is also added A New and Perfect Arbor and Genealogy of the Descents of all the Kings and Princes of England from the Conquest unto this day whereby each mans Pretence is made more plain Dedicated to the Right Honourable the Earl of Essex one of Her Majesties Privy-Council and of the Noble Order of the Garter Published by R. Doleman Re-printed at N. with License MDCLXXXI The sum of both Parts more in particular THE first declareth by many Proofs and Arguments That the next Propinquity or Ancestry of Bloud alone though it were certainly known yet it is not sufficient to be admitted to a Crown without other Conditions and Circumstances requisite be found also in the person pretendent THE second examineth the Titles and Pretensions of all such as may have Claim or Action to the Crown of England at this day what may be said for them and what against them And in the end though he leave the matter extreme doubtful as touching the best right yet he giveth certain Conjectures about some persons that are likest to prevail To the Right Right Honourable the Earl of Essex one of Her Majesties Privy Council TWo principal Causes among others Right Honourable are wont to invite men to dedicate any Book or Treatise to a Person in Authority The one Private Duty and Obligation the other Publick Utility in respect that the Master may concern that Person for the Common Good And to confess the truth both of these jointly have moved me at this time to present unto your Honour above others the two Books ensuing which contain a Conference had in Holland not long since ●●out the Pretences and Pretenders to the Crown of England as your Honour shall perceive by the Preface of each Book and therefore hereof I shall need say no more but only declare the aforesaid two Causes of this Dedication First then I say that my particular obligation towards your Honours Person riseth partly of good Turns and Benefits received by some Friends of mine at your Lordships hands in your last Voyage and Exploits in France but principally of far greater Favours receiv'd from your Noble Ancestors I mean not only your Father whose untimely death was to England no small Wound but of your Grand-father also that worthy Knight Sir Walter Deverux who though he lived not to come to those Titles of Honour whereunto he was born yet left he behind him so rare a memory for his excellent Parts of Learning Wit Feature of Body Courtesy and other such Noble Commendations as none in England perhaps the like in our time wherein also hath lived your Honours Great Grandfather Sir Henry Deverux Visconde Ferys well remembred yet by divers of my said Friends obliged unto him as also recorded by our English Histories as well for his Merits and Worthiness as in like manner for his Match with the Heir of the most Famous and Noble House of the Bourchers Earls of Essex whereof also your Honour is known to be descended and to hold at this day as well their Nobility of Blood as Dignity of Title and this shall serve in this place for my particular obligation whereof perhaps hereafter upon other occasion I may give further relation and testimony to the World in token of my Gratitude But for the second Point of Publick Vtility I thought no man more fit than your Honour to dedicate these two Books unto which treat of the Succession to the Crown of England for that no man is in more high and eminent Place or Dignity at this day in our Realm than your self whether we respect your Nobility or Calling or Favour with your Prince or high Liking of the People and consequently no man like to have a greater part or sway in deciding of this great Affair when time shall come for that determination then your Honour and those that will assist you and are likest to follow your Fame and Fortune And for that it is not convenient for your Honour to be unskilful in a matter which concerneth your Person and the whole Realm so much as this doth and finding this Conference had by two Learned Lawyers to handle the Question very pithily and exactly and yet with much Modesty and without offence of any and with particular affection and devotion to Her Majesty and with special care of Her Safety I thought not expedient to let it lie unpublished as also judged that no Hands were fitter to receive the same nor any Protection more secure or plausible than that of your Honour whom God long preserve in all true Honour and Felicity to the Comfort of Your Lordships Faithful Servants and Clients and to the Publick Benefit of your Countrey From my Chamber in Amsterdam this last of December 1593. Your Honours most Affectionate R. DOLEMAN The CONTENTS of the first PART THe Preface containing the occasion of this Treatise with the subject purpose and parts thereof That Succession to government by nearness of bloud is not by Law of Nature or Divine but only by humane and positive Laws of every paticular Commonwealth and consequently may upon just causes be altered by the same Chap. 1. fol. 1. Of the particular form of Monarchies and Kingdoms and the different Laws whereby they are to be obtained holden and governed in divers Countries according as each Commonwealth hath chosen and established Chap. 2. f. 12. Of the great reverence and respect due to Kings and yet how divers of them have been lawfully chastised by their common-wealths for their misgovernment and of the good and prosperous success that God commonly hath given to the same and much more to the putting back of an unworthy pretender Chap. 3. f. 30. Wherein consisteth principally the lawfulness of proceeding against Princes which in the former chapter is mentioned what interest Princes have in their subjects goods or lives how Oaths do bind or may be broken by subjects towards their Princes and finally the difference between a good King and a Tyrant Chap. 4. f. 51. Of the Coronation of Princes and manner of their admitting to their authority and the Oaths which they do make in the same unto the Commonwealth for their good government Chap. 5. f. 66. What is due to onely succession by Birth and what interest or right an Heir apparent hath to the Crown before he is Crowned or admitted by the Commonweath and how justly he may be put back if he have not the parts requisite Chap. 6. f. 98. How the next in succession by propinquity of bloud have oftentimes been put back by the Commonwealth and others further off admitted
our Witness at the Last Day to condemn or deliver us as before I have said he must needs sin grievously or damnably as the Apostle here saith who committeth any thing against his own Conscience though otherwise the thing were not only indifferent but very good also in it self for that of the doers part there wanteth no malice or will to sin seeing he doth that which he apprehendeth to be naught though in it self it be not And now to apply all this to our purpose for England and for the matter we have in hand I affirm and hold that for any man to give his help consent or assistance towards the making of a King whom he judgeth or believeth to be faulty in Religion and consequently would advance either no Religion or the wrong if he were in Authority is a most grievous and damnable sin to him that doth it of what side soever the Truth be or how good or bad soever the Party be that is preferred For if S. Paul have pronounced so absolutely and plainly in the place before alledged that even in eating of a piece of Meat it is damnable for a man to discern and yet eat what may we think will 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 own Conscience and Judgment that is to say to discern and judge that he is an Infidel or Heretick or wicked man or Atheist or erroneous in Religion and yet to further his Advancement and Government over Christians where he shall be able to pervert infinite and to pull down all Honour and Service due unto God and whether he do this evil afterwards or no yet shall I be guilty of all this for that knowing and perswading my self that he is like or in disposition to do it yet for fear flattery carelesness kindred emulation against others vain pretence of Title lack of Zeal to God's Cause or for other the like passions or temporal respects I do favour further or sooth him in his pretences or do not resist him when it lieth in my power by all which I do justly make my self guilty of all the evils hurts miseries and calamities both temporal and spiritual which afterwards by his evil Government do or may ensue for that I knowing him to be such a one did notwithstanding assist his Promotion And thus much now for matter of Conscience but if we consider Reason of State also and worldly Policy it cannot be but great folly and oversight for a man of what Religion soever he be to promote to a Kingdom in which himself must live one of a contrary Religion to himself for let the Bargains and Agreements be what they will and fair promises and vain hopes never so great yet seeing the Prince once made and settled must needs proceed according to the Principles of his own Religion it followeth also that he must come quickly to break with the other Party though before he loved him never so well which yet perhaps is very hard if not impossible for two of different Religions to love sincerely but if it were so yet so many jealousies suspicions accusations calumniations and other aversions must needs light upon the Party that is of different Religion from the State and Prince under whom he liveth as not only he cannot be capable of such Preferments Honours Charges Governments and the like which men may deserve and desire in their Commonwealths but also he shall be in continual danger and subject to a thousand molestations and injuries which are incident to the condition and state of him that is not currant with the course of his Prince and Realm in matters of Religion and so before he be aware he becometh to be accounted an enemy or backward man which to remedy he must either dissemble deeply and against his own Conscience make shew to favour and set forward that which in his heart he doth detest which is the greatest Calamity and Misery of all other though yet many times not sufficient to deliver him from Suspicion or else to avoid this everlasting perdition he must break withal the temporal Commodities of this Life and leave the Benefits which his Countrey and Realm might yield him and this is the ordinary end of all such men how soft and sweet soever the beginnings be And therefore to conclude at length all this tedious Speech wherewith I fear me I have wearied you against my will seeing there be so great Inconveniences and Dangers both Temporal and Eternal and in respect both of God and man Body and Soul as hath been declared to advance a Prince of contrary Religion to the Crown and considering that in England there is so great diversity of Religions as the World knoweth between these Parties and Factions that have to pretend or admit the next Prince after her Majesty that now is calling to mind also the great Liberty Scope and Authority which the Commonwealth hath in admitting or rejecting the Pretenders upon Considerations be their Right of Succession never so plain or clear as before hath been shewed and laying finally before our eyes the manifold and different Acts of Christian Realms before mentioned in this Affair all these things I say being laid together you may see whether I had reason at the beginning to think and affirm that it was a doubtful Case who should be our next Prince after the Queens Majesty that now sitteth at the Stern and if beyond all this that I have said our Friend the common Lawyer here present shall prove also as at the first entrance he promised that among such as do or may pretend of the Blood Royal at this day their true Succession and next propinquity by Birth is also uncertain and disputable then is the matter made thereby much more ambiguous and God only knoweth who shall prevail and to him only is the matter to be commended as far as I see and with this I make an end thanking you most heartily for your patience and craving pardon for that I have been too long or for any other fault that in this Speech I have committed The End of the First PART THE PREFACE OF THE Second Part. THe Civilian had no sooner ended his Discourse but all the Company being most desirous to hear what the Temporal Lawyer had prepared to say about the several Titles of the present Pretenders to the Crown of England began with one accord to request him earnestly for the performance of his promised Speech in that behalf who shewing himself neither unwilling nor unready for the same told them that he was content to yield to their desires but yet with one condition which was that he would take in hand this matter with the same asseveration and protestation with the Civilian in some occasions had used before him and it liked him well to wit that having to speak in this Discourse of many Princes Peers
the great and Royal Houses of Burgundy and Orleans whereby all three Commonwealths I mean England Britany and France were like to have come to destruction and utter desolation And for that it may serve much to our purpose hereafter to understand well this controversie of Britany I think it not amiss in few words to declare the same in this place Thus then it happened The foresaid Arthur the second of that name Duke of Britanie and Son of Lady Beatrix that was Daughter as hath been said to King Henry the III. of England had two Wives the first named Beatrix as his Mother was and by this he had two Sons John that succeeded him in the State by the name of Duke John the III. and Guye that dying before his elder Brother left a Daughter and Heir named Joan and surnamed the lame for that she halted who was married to the Earl of Bloys that was Nephew to Phillip of Valois King of France for that he was born of his Sister But besides the two Children the said Duke Arthur had by his second Wife named Joland Countess and Heir of the Earldom of Monford another Son called John Breno who in the right of his Mother was Earl of Monford And afterward when Duke John the III. came to die without Issue the question was who should succeed him in his Dukedom the Uncle or the Neece that is to say his third Brother John Breno by half bloud or else his Neece Joan the lame that was Daughter and Heir to his second Brother Guye of whole bloud that is by Father and Mother which Lady Joan was married to the Earl of Bloys as hath been said And first this matter was handled in the Parliament of Paris the King himself sitting in Judgment with all his Peers the 30 day of September 1341 and adjudged it to the Earl of Bloys both for that his Wife was Heir to the elder Brother as also for that Duke John by his Testiment and consent of the States had appointed her to be his Heir but yet King Edward the III. and States of England did Judge it otherwise and preferred John Monford not knowing that the very case was to fall out very soon after in England I mean they Judged the State to John Breno Earl of Monford younger Brother to Guy and they assisted him and his Son after him with all their Forces for the gaining and holding of that State And albeit at the beginning it seemed that matters went against Monford for that himself was taken prisoner in Nantes and carried captive to Paris where he died in prison yet his Son John by the assistance of the English Armies got the Dukedome afterward and slew the Earl of Bloys and was peaceably Duke of Britanie by the name of John the IV. and his posterity hath endured until this day as briefly here I will declare This Duke John the IV. of the House of Monford had Issue John the V. and he Francis the first who dying without Issue left the Dukedom to Peter his Brother and Peter having no Children neither he left it to his Uncle Arthur the III Brother to his Father John the V. and this Arthur was Earl of Richmond in England as some of his ancestors had been before him by gifts of the Kings of England This Arthur dying without Issue left the Dukedom unto his Nephew to wit his Brothers Son Francis the II. who was the last male Child of that race and was he that had once determined to have delivered Henry Earl of Richmond unto his enemy King Edward the IV. and after him to King Richard the III. but that Henry's good fortune reserved him to come to be King of England This Duke Francis had a Daughter and Heir named Anna married first to Charles the VIII King of France and after his death without Issue to his Successor Lewis the XII by whom she had a Daughter named Claudia that was Heir to Britanie though not to the Crown of France by reason of the Law Salique that holdeth against women in the Kingdom of France but not in Britany and to the end this Dukdome should not be disunited again from the said Crown of France this Daughter Claudia was married to Francis Duke of Angolome Heir apparent to the Crown of France by whom she had Issue Henry that was afterward King of France and was Father to the last King of that Country and to Isabel Mother of the Infanta of Spain and of her Sister the Dutchess of Savoy that now is by which also some do affirm that the said Princess or Infanta of Spain albeit she be barred from the Succession of France by their pretended Law Salique yet is her title manifest to the Dukdome of Britanie that came by a woman as we have shewed and thus much of the House of Britany and of the Princess of Spain how she is of the Bloud Royal of England from the time of William the Conqueror himself by his eldest Daughter as also by other Kings after him and now we shall return to prosecute the Issue of these two Sons of King Henry the III. to wit of Edward and Edmond which before we left I shewed you before how King Henry the III. had two Sons Edward the Prince that was King after his Father by the name of Edward the first and Edmond surnamed Crouchback by some Writers who was the first Earl and County Palatine of Lancaster and beginner of that House And albeit some Writers of our time have affirmed or at least wise much inclined to favour a certain old report that Edmond should be the Elder Brother to Edward and put back only for his deformity of his body whereof Polidor doth speak in the beginning of the Reign of King Henry the IV. and as well the Bishop of Ross as also George Lilly do seem to believe it yet evident it seemeth that it was but a fable as before I have noted and now again shall briefly prove it by these reasons following for that it importeth very much for deciding the controversie between the Houses of Lancaster and York The first reason then is for that all Ancient Historiographers of England and among them Mattheus Westmonasteriensis that lived at the same time do affirm the contrary and do make Edward to be elder then Edmond by six years and two days for that they appoint the Birth of Prince Edward to have been upon the 16. day of June in the year of Christ 1239 and the 24. of the Reign of his Father King Henry and the Birth of Lord Edmond to have followed upon the 18. day of the same month 6 years after to wit in the year of our Lord 1245 and they do name the Godfathers and Godmothers of them both together with the peculiar solemnities and feasts that were celebrated at their several Nativities so as it seemeth there can be no error in this matter The 2d
far greater as now they live than in that case it would be suffered their King coming hereby to be of greater Power to force them to the form of English Subjection as no doubt but in time he would And seeing the greatest utility that in this Case by reason and probability can be hoped for by this Union is That the Scotish Nation should come to be advanced in England and to be made of the Nobility both Temporal and Spiritual and of the Privy-Council and other like Dignities of Credit and Confidence for otherwise no union or amity can be hoped for and considering That the King both for his own safety as hath been said as also for gratitude and love to his allied Friends must needs plant them about him in chief places of Credit which are most opposite to English Natures and by little and little through occasion of Emulations and of Controversies that will fall out daily betwixt such diversity of Nations he must needs secretly begin to favour and fortifie his own as we read that William the Conquerour did his Normands and Canutus before him his Danes to the incredible Calamity of the English Nation though otherwise neither of them was of themselves either an evil King or an Enemy to the English-Bloud but driven hereunto for their own safety and for that it was impossible to stand Newter in such national Contentions If all this I say fell out so then as we know it did and our Ancestors felt it to their extreme Ruine what other effect can be hop'd for now by this violent union of Nations that are by nature so dis-united and opposite as are the English Scotch Irish Danish French and other on them depending which by this means must needs be planted together in England And if we read that the whole Realm of Spain did refuse to admit St. Lewis King of France to be their King in Spain to whom yet by Law of Succession it was evident and confessed by the Spaniards themselves as their Chronicler Garibay writeth that the Right most clearly did appertain by his Mother Lady Blanch eldest Daughter and Heir of King Alonso IX and that they did this only for that he was a French-man and might thereby bring the French to have chief Authority in Spain And if for this Cause they did agree together to give the Kingdom rather to Ferdinando III. that was Son of Lady Berenguela younger Sister to the said Lady Blanch and if this determination at that time was thought to be wise and provident tho' against all right of Lineal Succession and if we see that it had good success for that it endureth unto this day what shall we say in this case say these men where the King in question is not yet a St. Lewis nor his Title to England so clear as that other was to Spain and the aversion ●etwixt his Nation and ours much greater than was that betwixt the French and Spanish Thus they do reason Again we heard out of the discourse made by the Civilian before how the States of Portugal after the death of their King Don Ferdinando the second of that Name who left one only Daughter and Heir named Lady Beatrix married unto John I. King of Castile to whom the Succession without all Controversie did appertain they rather determined to chuse for their King a Bastard-brother of the said Don Ferdinando named John than to admit the true Inheritrix Beatrix with the Government of the Castilians by whom yet they being much the richer People the Portugals might hope to reap far greater utility than English-men can do by Scotland considering it is the poorer Countrey and Nation And this is that in effect which these men do answer in this behalf noting also by the way that the Romans themselves with all their Power could never bring Union or Peace between these two Nations of England and Scotland nor hold the Scots and North-Irish in Obedience of any Authority in England and so in the end they were enforced to cut them off and to make that famous Wall begun by Adrian and pursued by other Emperours to divide them from England and bar them from joyning as all the World knoweth and much less shall any one King in England now hold them all in Obedience let him be of what Nation he will And this for the utility that may be hoped for by this Union But now for the point alledged by the favourers of Scotland about establishment of true Religion in England by the entrance of this King of Scots these other men do hold that this is the worst and most dangerous point of all other considering what the state of Religion is in Scotland at this day and how different or rather opposite to that form which in England is maintained and when the Archbishops Bishops Deans Archdeacons and other such of Ecclesiastical and Honourable Dignities of England shall consider that no such Dignity or Promotion is left now standing in Scotland no nor any Cathedral or Collegiate Church is remained on foot with the Ren●s and Dignities thereunto appertaining and when our Nobility shall remember how the Nobility of Scotland is subject at this day to a few ordinary and common Ministers without any Head who in their Synods and Assemblies have Authority to put to the Horn and drive out of the Realm any Noble-man whatsoever without remedy or redress except he will yield and humble himself to them and that the King himself standeth in aw of this exorbitant and popular power of his Ministers and is content to yield thereunto It is to be thought say these men that few English be they of what Religion or Opinion soever will shew themselves forward to receive such a King in respect of his Religion that hath no better Order in his own at home And thus much concerning the King of Scotland Now then it remaineth that we come to treat of the Lady Arabella second Branch of the House of Scotland touching whose Title though much of that which hath been said before for or against the King of Scotland may also be understood to appertain unto her for that she is of the same House yet I shall in this place repeat in few words the principal points that are alledged in her behalf or prejudice First of all then is alledged for her and by her ●avourers that she is descended of the foresaid Lady Margaret eldest Daughter of King Henry VII by her second Marriage with Archibald Douglas Earl of Anguis and that she is in the third degree only from her for that she is the Daughter of Charles Stuart who was Son of Margaret Countess of Lenox Daughter to the said Lady Margaret Queen of Scots so as this Lady Arabella is but Neece once removed unto the said Queen Margaret to wit in equal degree of descent with the King of Scots which King being excluded as the favourers of this Woman do
elder Houses they hold this matter for very clear and all pretence of this House of Clarence utterly excluded Secondly the same opposite Houses do alledge divers Attainders against the principal Heads of the House of Clarence whereby their whole Interests were cut off as namely it is to be shewed in three descents one after another to wit in Duke George himself the first Head and Beginner of this House who was Attainted and Executed and then in the Lady Margaret Countess of Salisbury his Daughter and Heir who was likewise Attainted and Executed And thirdly in her Son and Heir Henry Poole Lord Montague put also to death from whose Daughters both the Earl of Huntington and his Brethren together with the Children of Sir Thomas Barrington do descend And albeit some may say that the said House of Clarence hath been restored in Bloud since those Attainders yet reply these men That except it can be shewed that particular mention was made of reabilitating the same to this pretence of Succession to the Crown it will not be sufficient as in like manner they affirm That the same restoring in Bloud if any such were hath not been sufficient to recover the ancient Lands and Titles of Honour which this House of Clarence had before these Attainders for that they were forfeited thereby to the Crown And so say these men was there forfeited thereby in like manner unto the next in Bloud not Attainted this Prerogative of succeeding to the Crown and cannot be restored again by any general Restauration in Bloud except special mention be made thereof even as we see that many Houses Attainted are restored daily in Bloud without restorement of their Titles and Dignities and a present Example we have in the Earl of Arundel restored in Bloud but not to the Title of Duke of Norfolk And this say the opposite Houses against this House of Clarence But now thirdly entreth in also against the Earl of Huntington the opposition of some of his own House which is of the Issue of Sir Geffrey Poole Brother to his Grand-father who say That when the Lord Henry Montague was put to death with his Mother the Countess of Salisbury and thereby both their Pretences and Titles cut off in them then fell such right as they had or might have upon the said Sir Geffrey Poole and not upon his Neece the Lady Katharaine Daughter of the Lord Henry his elder Brother and Mother of the Earl of Huntington and this for three Causes First for that he was not Attainted and so whether we respect his Grand-father George Duke of Clarence or his Great-grand-father Richard Duke of York the said Right in this respect is descended to him And secondly for that he was a degree nearer to the said Duke's Ancestors than was at that time his Neece Katharine which right of nearest Propinquity say these men is made good and lawful by all the Reasons Examples Presidents and Authorities alledged before in the fourth Chapter of this Conference in favour of Uncles before their Nephews And it shall not need that we speak any thing more of that matter in this place but only to remit your remembrance to that which herein hath been said before Fourthly they prove the same in favour of Sir Geffrey for that the Lady Katharine was a Woman and Sir Geffrey a man whose priviledge is so great in a matter of Succession as also hath been touched before that albeit they had been in equal degree and that Sir Geffrey were not a degree before her as he was yet seeing neither of them nor their Fathers were ever in possession of the thing pretended Sir Geffrey should be preferred as hath been shewed before by some Presidents and shall be seen afterwards in the Case of Portugal wherein the King of Spain that now is was preferred to the Crown for that only respect that his Competitors were Women and in equal degree of descent with him and he a Man And the very like Allegations of Propinquity I heard produced for the Lady Winifred Wife of Sir Thomas Barrington if she be yet alive to wit that she is before the Earl of Huntington and his Brethren by this reason of Propinquity in Bloud for that she is one degree nearer to the stock than they Fifthly and lastly both these and other Competitors do alledge against the Earl of Huntington as an important and sufficient bar against his pretence the quality of his Religion which is as they say that he hath been ever known to favour those who commonly in England are called Puritans and not favoured by the State but yet this stop is alledged diversly by Competitors of divers Religions For that such as are followers and favourers of the form of Religion received and defended by publick Authority of England at this day whom for distinction-sake men are wont to call by the name of moderate Protestants these I say do urge this Exclusion against the Earl of Huntington not upon any certain Law or Statute extant against the same but ab equo bono as men are wont to say and by reason of State shewing infinite inconveniencies hurts damages and dangers that must needs ensue not only to the present State of Religion in England but also to the whole Realm and Body-politick if such a man shall be admitted to govern And this Consideration of State in their opinion is a more forceable Argument for Excluding such a man then any Statute or particular Law against him could be for that this comprehendeth the very intention meaning and drift of all Laws and Law-makers of our Realm whose intentions must needs be presumed to have been at all times to have Excluded so great and manifest inconveniencies And thus they say But now those that are of the Roman Religion and contrary both to Puritan and Protestant do urge a great deal further this Argument against the Earl and do alledge many Laws Ordinances Decrees and Statutes both of the Canon and Imperial Laws as also out of the old Laws of England which in their opinion do debar all that are not of their Religion and consequently they would hereby Exclude both the one and the other Pretenders And in fine they do conclude that seeing there wanteth not also some of their own Religion called by them the Catholick in the House of Clarence they have so much the less difficulty to exclude the Earl of Huntington's person for his Religion if one of that House were to be admitted of necessity And this is so much as seemeth needful to be spoken at this time and in this place of this House of Clarence and of the Pretenders thereof It resteth then that I treat something also of the House of Britany and France which two Houses are joyned all in one for so much as may appertain to any Inheritance or Pretence to England or to any parcel or particular state thereof at home or abroad that may follow the
which was not a little for the advancement of King Philip's Title before them both as presently shall be shew●d It was replied against this answer in the behalf of the Duke of Parma that the last King Sebastian entred the Crown by way of Representation and not by propinquity of Blood for that he was a degree further off in propinquity of Blood from King John the III. whom he succeeded than was the Cardinal for that he was but his Nephew to wit his Sons Son and the Cardinal was his Brother and yet was the said Sebastian admitted before the Cardinal for that he represented the Place and Right of his Father Prince John that dyed before he inherited and so we see that in this case Representation was admitted said they and in like manner ought it to be now To this it was said that Sebastian was not so much preferred before his great Uncle the Cardinal by vertue of Representation as for that he was of the right Descendant line of King John and the Cardinal was but of the collateral or transversal Line and that all Law alloweth that the right Line shall first be served and preferred before the Collateral shall be admitted so that hereby Representation is nothing furthered This exclusion of Representation did greatly further and advance the pretence of King Philip for the excluding of both these Ladies and their Issues for that supposing as this answer avoucheth that there is no Representation of Father or Mother or Predecessors to be admitted but that every pretender is to be considered only in his own person then it followeth said these men which plead for the King that King Philip being in equal degree of propinquity of Blood with the two Ladies in respect as well of King Henry yet living for that they were all three children of Brother and Sister it followeth that he was to be preferred before them both as well in respect that he was Man and they both Women as also for that he was elder in age and born before them both And albeit the Duke of Parma alledged that he was one degree further off from the foresaid Kings than was King Philip so as not respecting Representation of their Parents that is to say not considering at all that King Philip descended of a Woman and the two Dutchesses of a man but only especting their own persons as hath been declared these m●n avouched that King Philip's person was evidently to be preferred for that he was a degree nearer in Blood than the Duke of Parma and superior in s●x and age to the Lady Catharine of Bragansa Moreover the Lawyers of King Philip's side affirmed that he was nearer also in propinq●ity of blood to King Sebastian the last King than was the very King Cardinal himself and much more than any of the other two pretenders for that he was Brother to the said King Sebastian's Mother and the Cardinal was but Brother to his Grandfather And besides this they alledged that Portugal did belong to the Crown of Castil by divers other means of old as for that it could not be given away by Kings of Castil in Marriage of their Daughters as the principal parts thereof had been as also for that when King John the I that was a Bastard was made King of Portugal by Election of the People the Inheritance thereof did evidently appertain to King John of Castile that had to Wife the Lady Beatrix Daughter and Heir of Ferdinand King of Portugal from which Inheritance of that Crown by open injury both she and her Posterity whose Right is in King Philip at this day were debarred by the intrusion of the said John Master of Avis bastard brother of the foresaid King Ferdinand Thes● Reasons alledged divers Lawyers in the behalf of King Philip and those not only Spaniards but also of divers other Countries and Nations as my authors before-named do avow and many books w●●● written of this matter and when the contention was at the hotest then died the King Cardinal before he could decide the same controversy upon which occasion the King of Spain being perswaded that his Right was best and that he being a Monarch and under no temporal Judge was not bound to expect any other judgment in this Affair nor to subject himself to any other Tribunal but that he might by Force put himself in possession of that which he took to be his own if otherwise he could not have it delivered unto him for so write these Authors by me named seeing also Don Antonio to pretend the said Kingdom by only Favour of some popular party that he had in Lisbon the said King Philip entred upon Portugal by Force of Arms as all the World knoweth and holdeth the same peaceably unto the day And I have been the longer in setting down this contention about the Succession to the Crown of Portugal for that it includeth also the very same pretence and contention for the Crown of England For that all these Princes before-named may in like manner pretend the Succession of that Interest to the House of Lancaster and by that to the Crown of England which doth descend from Queen Philippa eldest Daughter of John of Gaunt Duke of Lancaster and Sister of King Henry the IV. as hath largely been declared And albeit that some men will s●y that this matter is now decided which of these Princes of the House of Portugal entreth also thereby to the other Right of Succession of England yet others will say no for that the Laws of Succession in Portugal and England be different For that in England Representation taketh places so as the children of the Son ●hough they be Women shall never be preferred before the Children of the Daughter though they be Men whereof these men do infer that seeing the Lady Philips Right before-mentioned to the Dukedom of Lancaster and thereby also to the Crown of England is to be preferred according to the Laws of England and not by the Laws of other Foreign Countries it followeth that the self same Right of Succession that is pretended at this day by the Princes of Portugal for succeeding the said Lady Philippa should be determined only by the Laws of England where Representation taketh place and not by the Laws of any other Nation Thus say they But against this others do alledge that the question is not here by what Law this pretence of the Blood Royal of Portugal to the Crown of England is to be tried but rather who is the true and next Heir and Successor unto King John the I. and to his Wife Queen Lady Philippa Heir of the House of Lancaster which two Princes were King and Queen of Portugal and their true Heir at this day hath the forenamed pretence to the Crown of England true and next H●●r being once known it little importeth by what L●w he pretendeth his said Right to England whether by that of England or by
to live among us with Forces either present or so near as that without resistance he may call them when he listeth and of this he needeth no more proof say these men than the Examples before alledged of the Danes and Normans and the Misery and Calamity which for many years the English passed under them and furthermore the reason hereof is evident say these men for first in this third kind of admitting a stranger King we are deprived by his dwelling amongst us of those Utilities before mentioned which Ireland Flanders Britany Naples and other States enjoy by living far off from their Princes which Commodities are much more Liberty and Freedom less Payments less Punishments more Employments of the Nobility and others in Government and the like And secondly by his coming Armed unto us we cannot expect those Commodities which before I touched in the second kind of Foreign Government but rather all the Incommodities and Inconveniences that are to be found either in domestical or foreign Governments all I say do fall upon this third manner of admitting a Stranger as easily shall be seen For first of all the greatest Incommodities that can be feared of a domestical Prince are pride cruelty partiality pursuing of Factions and particular hatred extraordinary advancing of his own kindred pressing pinching and over-rigorous punishing of his People without fear for that he is ever sure of his party to stand with him within the Realm and so hath the less respect to others and for that all these inconveniences and other such like do grow for the most part by the Princes continual presence among his Subjects they are incident also to this other though he be a stranger for that he is also to be present and to live among us and so much the more easily he may fall into them than a domestick Prince for that he shall have both external counsil of a People that hateth us to prick him forward in the same which two motives every domestical Prince hath not Again they say that the worst and greatest Incommodities of a foreign Government that may be feared are tyranny and bringing into servitude the People over whom they govern and filling of the Realm with Strangers and dividing to them the Dignities Riches and Preferments of the same all which they say are incident also by all probability to this third-kind of foreign Government where the Prince Stranger liveth present and hath Forces at hand to work his will and this is the case say they of the King of Scots who only of any foreign Pretender seemeth may justly be feared for these and other reasons alledged before when we talked of his pretence to the Crown To conclude then these men are of opinion that of all these three manners of being under Strangers or admitting foreign Government this third kind peculiar as it were to the King of Scots Case is to be only feared and none else for as for the second they say that it is not only not to be feared or abhorred but rather much to be desired for that of all other sorts it hath the least inconveniences and most Commoditi●s for which causes we read and see that where Kings go by Election commonly they take Strangers as the Romans and Lacedomonians did often at the beginning and after the beginning of the Roman Monarchy their foreign born Emperours were the best and most famous of all the rest as Trajan and Adrian that were Spaniards Septimius Severus born in Africa ●onstantine the Great Natural of England and the like and the very worst that ever they had as Caligula Nero Heliogabolus Commodus and such other like Plagues of the Weal publick were Romans and in our days and within a few years we have seen that the Polonians have chosen three Kings Strangers one after another the First Stephen Battorius Prince of Transilvania the Second Henry of France and last of all the Prince of Swecia that yet liveth and the State of Venetians by way of good Policy have made it for a perpetual Law that when they have War to make and must needs chuse a General Captain and commit their Forces into his Hands he must be a stranger to wit some Prince of Italy that is out of their own States hereby to avoid partiality and to have him the more indifferent and equal to them all which yet so many prudent men would never agree upon if there were not great reason of Commodities therein so as this point is concluded that such as speak against this second kind of having a foreign Prince speak of passion or inconsideration or lack of experience in matters of State and Commonwealths As for the first manner of being under foreign Government as a Member or Province of another bigger Kingdom and to be governed by a Deputy Viceroy or strange Governour as Ireland Fland●rs Naples and other States before-mentioned be with certain and stable Conditions of Liberties and Immunities and by a form of Government agreed upon on both sides these men do most confess also that there may be Arguments Reasons and Probabilities alledged on both sides and for both parties but yet that all things considered and the inconveniences hurts and dangers before rehearsed that Subjects do suffer also oftentimes at the hands of their own natural Prince these men are of opinion for the causes already declared that the Profits are more and far greater than the damages or dangers of this kind of foreign Government are and so they do answer to all the Reasons and Arguments alledged in the beginning of this Chapter against foreign Government that either they are to be understood and verified only of the third kind of foreign Government before-declared which these men do confess to be dangerous or else they are founded for the most part in the errour and prejudice only of the vulgar sort of men who being once stirred up by the name of Stranger do consider no further what reason or not reason there is in the matter and this say these men ought to move these men little for as the common people did rise in tumult against the French for example in Sicilia and against the Danes in England so upon other occasions would they do also against their own Countreymen and oftentimes have so done both in England and other where when they have been offended or when seditious Heads have offered themselves to lead them to like Tumults so that of this they say little argument can be made The like in effect they do answer to the Examples before alledged of the Grecian Philosophers and Orators that were so earnest against Strangers And First to Aristotle they say that in his Politicks he never handled expressly this our Question and consequently weighed not the Reasons on both sides and so left it neither decided nor impugned and he that was Master to Alexander that had so many foreign Countries under him could not well condemn the
in England to favour him and his pretence or else in respect of his own particular Family Friends and Allies both at home and abroad And for that the Party of Religion is like to weigh most and to bear the greatest sway and most potent suffrage and voice in this action and that with reason according to that the Civilian hath proved at large in the last of his Discourses therefore shall I also quoth the Lawyer first of all then treat of this point of Religion in this my last Speech It is well known said he that in the Realm of England at this day there are three different and opposite Bodies of Religion that are of most bulk and that do carry most sway and power which three Bodies are known commonly in England by the names of Protestants Puritans and Papists though the latter two do not acknowledge these Names and for the same cause would not I use them neither if it were not only for clearness and brevities sake for that as often I have protested my meaning is not to give offence to any Side or Party These three Bodies then quoth he do comprehend in effect all the Force of England and do make so general a division and separation throughout the whole Land in the hearts and minds of their Friends Favourers and followers as if I be not deceived no one thing is like so much to be respected in each Pretender for his advancement or depression as his Religion or inclination therein by them that must assist him at that day and are of different Religions themselves And more I am of opinion said he that albeit in other changes heretofore in England as in the entrance of King Edward and Queen Mary and of this Queens Majesty that now is divers men of different Religions did for other respects concurr and joyn together for these Princes advancement notwithstanding that afterwards many of them repented the same which is to be seen in that for King Edward all the Realm without exception did concurr and for Queen Mary it is known that divers Protestants did by name and among other points it is also known that Sir Nicholas Throgmorton a fervent Protestant in those days being of King Edward's Privy Chamber did not only advise her of the sickness and decay of King Edward from day to day but also was the first that sent an express Messenger to advise her of her Brother's death and what the two Dukes of Northumberland and Suffolk did contrive against her and that with such celerity that King Edward dying but on Thursday night the 10 th of July the Lady Mary was most certainly advised thereof by Saturday morning next and that very early in Kenning-hall-Castle of Norfolk 80. Miles off and divers other Protestants did assist her also in that her Entry as in like manner all those of the Roman Religion without exception did assist her Majesty that now reigneth after the decease of the said Queen Mary and this was then But I am of opinion that matters will fall out far otherwise at the next Change and this partly peradventure for that the titles of Succession in the Pretenders are not so clear but rather much more doubtful now than they were then and partly or rather principally for that men in time are come to be of more resolution and determination in matters of Religion and by contention and pursuing one the other are become more opposite and enemies and more desirous of revenge and further also than this those that be of milder and better condition and have not these passions in them yet by Reason and Experience they do see the great absurdity and inconvenience that ensueth by that a man of one Religion should give aid to the advancement of a Prince of a contrary Religion to that which himself doth esteem and hold for only truth which in him that so doth cannot be denied but that it is a point of little zeal at the least if not contempt of God and of Religion or of plain atheism as others will call it And moreover I remember that the Civilian before in the end of his Speech inveighed also much against this point and shewed that besides lack of Conscience and Religion it was in like manner against all humane wisdom and policy to favour a pretender of a different Religion from himself and this for divers reasons that he laid down which reasons I confess prevailed much with me and I do allow greatly of that his opinion and assertion which averred that the first respect of all others ought to be GOD and Religion in this great Affair of making a King or Queen and that without this no Title whatsoever ought to prevail or be admitted by Christian men and that the Cities of France at this day do not amiss but justly and religiously so long as they are of that Religion that they are to stand against the King of Navarr though otherwise by descent they do confess his Title to be clear and evident for that he is of contrary Religion to them Wherefore seeing that the very same Case is like or rather certain to ensue one day in England and that it is most probable that each Party of the Realm will stand most upon this Point that is to say upon the defence and advancement of their Religion and of such a King as shall be known to favour the same that themselves be of let us examin a little if you please quoth he what force ability each of these three Bodies of Religion now mentioned is like to be of at that day in England for effectuating or promoting this purpose of a new King And first to begin with the Protestant as with him that hath the sway of Authority and present Power of the State in his favour no doubt but that his force will be also great at that day said he and especially if he can conceal for a time the decease of her Majesty untill he may be able to put his Affairs in order but this is holden to be either impossible or very hard for the different judgments and affections which are not thought to be wanting in the Court Council and Princes Chamber it self whereof we saw the effect as before I told you at the death of King Edward which was as much endeavoured to be kept as ever any was and as much it imported the Concealers and yet within not many hours after had the Lady Mary most certain notice thereof ●y those that were opposite to her in Religion as I have shewed before so ardent are mens minds in such occasions and so capable of new impressions designments and desires are all kind of subjects upon such great changes A chief Member of the Protestant Body as you know for Wealth and Force is the Clergy of England especially the Bishops and other men in Ecclesiastical Dignity which are like to be a great Back to this Party at that
Polit. Diversity of Government in divers Countries and Times Rome Africa and Greece Italy Dukes for Kings and Kings for Dukes Spain Bohemia Polonia England The Jews lib. Genes Lib. Exo. Lib. Job Lib. Jud. Lib. 1. Reg. Lib. Machab The Realm chuseth her Form of Government The Commonwealth limiteth the Governours Authority A Natural Prince A Monarchy the best Government Arist. lib. 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. Two Points to be noted How St. Peter calleth a King most excellent Utilites of a Kingdom and conveniences of other Governments Cicero l. 1. offic Democratia Miseries of Popular Government in Italy Tit. liv l. 30. Eutrop. l. 3. Oros. l. 5. 6. The cause why Laws be added to Kings Arist. l. 3 pol. c. vit● A notable Saying Arist. l. 3● pol. c. 12. Arist. l. 1. Pol. c. 2. Divers ●●●nes and properties of Laws Cic. lib. 2. Offic. Law is the Discipline of a weal publick Psal. 2. The Counsels of Princes a great help Arist. l. 4. Pol. c. 10. The Monarchy of England temper'd The restraints of Kingly power in all Estates Roman Kings Liv. lib. 1. d●c 1. Gre●ian Kings Arist. lib. 2. c. 8. polit Plutarch in Lycurg Cic. l. ● Offic. Why Ki●● were restrained Laws Cic. l. 3. de legibu● Why Kin●●ly Gover●●ment we left in Rome Titus Liv●●●us l. 1. dec 8. Livius ibidem Restrain's of Kingdoms in Europe Sleydon lib. 8. A● 1532. Blond D●●cad 2. l. Crant li. cap. 25. Kingdoms of Polonia and Bohemia Her l. 9. Hist. Polonia Cromerus l. 3. Hist. Polon Kings of Spain France and England Concil blet 4. c. 74. concil s. c. 3. Peculiar manner of Succession An. 1340. Paul Anil Hist. Franc. l. 2. Gerard du Hailan l. 4. Hist. Franc. Fran. Belfor l. 5. c. 1 An. 1327. Reason for Succession of Women The Infanta of Spain and Prince of Lorrain Gerard d● Hailain lib. 13. Hi●● Franc. c An. 1317 lib. 14 An. 132● lib. 3. d● l'Estat de frunce Kings lawfully possessed may be deprived A markable circumstance Against Rebillions People and contemnor● of Princes 2 Pet. 2.10 Jude 8. Titles of Princes once settled not to be examined by private men Against flatterers that yield too much power to Princes Absurd flateries uttered by Belloy and others Belloy in apolog Cath. apolog pro Rege The purpose of the next Chapter Two points to be proved Nothing hear spoken against due respect to Princes ☜ Deprivations of Kings recounted in Scripture ☜ 1 Reg. 31. 4 Reg. 21.44 King Josias 2 Paralip 34. 2 Paralip 35. King David Xenophon in Cyropaed Ni. Mach● l. 2. c 2. ● Tit. Livi● August l. de Gran. The wisdome and piety of King David 1 Paralip● 15. 1 Psal. 22● 25. The Arms King David His Valour in Chivalry King David ' s Victories 2 Reg. 8. 1 Paral. 18 2 Reg. 23. Joseph l. 7. antiq c. 10 2 Reg. 7. His Humili●y Charity and Devotion Kings put down among the Romans and what Successors they had Halicar l. 1 Tertul. l. de praescrip contra haeres Justin. martyr apolog T it liv l. 1 dec 1. Eutrop. l. 1 Caesar Augustus Dion in Caesa. Sueton in C●esa Nero Vespatian Cornel. Tacit. lib. 10 81. Egesip l. 5 Entrop in vita Caesa. Heliogabalus An. Dom● 124. Alius lamp in vita Heliog Alexander Severus Herod in vit Sever Maxentius Constantin The bhange of the East Empire Charles the Great An. 800. Two chan●gs in France Belfori l. ● Girard l. ● Aemil. l. 2 Clem. Caudin en la Chro●nique des Roys de France Reasons Deprivation Hugo Capet Anno 988. Examples of Spain Concil Tolet. 4. cap. 4. Ambros. moral l. 11 cap. 17. Isidor in Hist. Hispan Estevan ● Garibay 13. de la ● Hist. de ●spa c. 1 Tabulae Astron. Alfonsinae King Don Alonso deposed Don Pedr● Cr●el deposed Garibay l. 14. c. 40.41 In Portugal King Don Sancho 2. deposed Garibay lib. 4. de Hist. Portug c. 19. Lib. 6. d●●●cret tit de supple● da cap. Grand 1. Garibay in Hist. d● Portug 〈◊〉 34. cap. 2. The Emperrors of Greece Galicas in Annal. part 4. Zon. Annal co 3. in vita Michael Calapha In Polonia In literis reip Polon ad Henr. Valesium pag. 182.184 Vide Gagneum part 1. de rebus Polon In Suetia Poilin 1.32 Histor de Franc. An. 1568. In Denmark Sleydan● l. 4. His● An. 133● Munst. 〈◊〉 Cosmog● descript Davide Paulus ● vius in ris illust Example of England King Jo●● Deposed Polid. hi●● Ang. l. 1● An. 121. An. 1216. An. 1216. King Henry the third King Edward the second deposed Polyd. l. 18 Hist Ang. An. 1386. Stow in the Life of K. Edward the second The manner of Deprivation of a King See Stow and Hollings in this man's Life King Edward the third King Richard the second Deposed Polyd. l. 20. Hist. Aug. 1399. King Henry the 6th Deposed Polyd. lib. 23. Hist. Anglic. K. Rich● the thi●● deposedpunc An. 1● A po●● much noted The reply of the Temporal Lawer Belloy apolog Cathol c. part 2. Paragraph 9. Apol. pro. Reg●● cap. 9. An objection out of the Prophet Samuel 1. Reg. 8. The Power of a King or rather of a Tyrant Belloy polog p● 2. Para● Apol● rege c● 2.4 c Great a●surditie● flateries● Cic. lib. 2. offic Another absurdity Institut imperial l. 2. Tit. 1. Division of goods by Civil Law Slaves and Freemen Arist. l. ● pol. c. 4 ● Arist. l. ● c. 3. Mark the Reason Divers evident reasons against Belloy 3 Reg. 21. Cap. inovamus 10. de cauebus c. super quibusdam 26. §. de verborum signif An Answer to the Objection out of the Prophet Samuel Arist. l. pol. c. 1● Joseph l. ● antiq c. ● Deut. 1● 3 Reg. 10. Psal. 2. By what Law Princes are punished The difference beween a private man and a Common-wealth The Prince Authority but subdelegat In reguli● utrinque juris vide in sine sexti Decret reg 75.69 When an Oath bindeth not Cicero li. 1. Offic. A clear Example Math. 24. Regul 68. in sine 6. Decret Decret Greg. l. Tit. 24. Decret part 2. ca● sa 22. qu● 4. c. 5. ● qu● 5. per●●totu● Two principle cases when Oath hold not ●●wards a Prince Aemil. l. 2. Hist. Franc. Belfor in vita Childer Girad lib. 3. The Speech of the Fren. Embassador for deprivation of their King The conclusion how when Oaths do not bind Subjects The difference between a King and a Tyrant Plat. dial 1. de repub Arist. li. 2. Pol. c. 5. Bart. li. de Tyrannide Cicero li. 3. de legibus God l. 1. Tit. 14 §. digna Suet. c. 23. in Calig Zoo tom 2 in Train● See in the Chapter following The Speech of a Souldier The occasion of the next Chapter The