wherof the first he hath in that he is a man and the other in that he is a Prince For this cause then al common wealthes haue prescribed lawes vnto their Princes to gouerne therby as by a most excellent certayne immutable rule to which sense Cicero said leges sunt inuentae vt omnibus semper vna 〈◊〉 voce loquerentur lawes were inuented to the ende they should speake in one and the 〈◊〉 same sense to al men For which very reason in lyke maner thes lawes haue bin called by Philosophers a rule or square inflexible and by Aristotle in particular a mynde without passion as hath bin said but the Prophet Dauid who was also a Prince king semeth to cal it by the name of Discipline for that as discipline doth keepe al the partes of a man or of a particuler house in order so law vvel ministred keepeth al the partes of a common vvealth in good order and to sheow how seuerely God exacteth this at al Princes handes he sayth these wordes And now learne ye kinges and be instructed you that iudge the world serue God in feare and reioyse in him with trembling embrace ye discipline least he enter into wrath and so ye perish from the way of righteousnes Which wordes being vttered by a prophet and king do conteyne diuers poynts of much cōsideration for this purpose as first that kings and Prince are bound to learne law and discipline and secondly to obserue the same vvith great humility and feare of Gods wrath and thirdly that if they do not they shal perish frō the way of righteousnes as though the greatest plage of al to a Prince weare to lose the way of righteousnes law and reason in his gouerment and to giue himselfe ouer to passion and his owne vvil whereby they are suer to come to shipwrack and thus much of the first helpe The second help that common wealthes haue giuen to their kings and Princes especially in later ages hath bin cerrayne councelles and councellors with whom to consult in matters of most importance as we see the parlaments of Ingland and France the courtes in Spayne and diets in Germany vvithout which no matter of great moment can be concluded and besides this commonly euery king hath his priuy councel whom he is bound to heare and this vvas done to temper somwhat the absolute for me of a Monarchy whose danger is by reason of his sole authority to fal into tiranny as Aristotle vvisely noteth in his fourth booke of politiques shewing the incōuenience or dangers of this gouerment vvhich is the cause that vve haue few or no simple monarchies now in the world especially among Christians but al are mixt lightely with diuers pointes of the other two formes of gouerment also and namely in Ingland al three do enter more or lesse for in that ther is one king or Queene it is a monarchy in that it hath certayne councelles which must be hard it participateth of Aristocratia and in that the commonalty haue their voices and burgesses in parlament it taketh part also of Democratia or populer gouerment al which limitations of the Princes absolute authority as you see do come for the common wealth as hauing authority aboue their Princes for their restraint to the good of the realme as more at large shal be proued hereafter From like authority and for like considerations haue come the limitations of other kings and kingly povver in al tymes and countries from the beginning both touching themselues and their posterity and successors as breefly in this place I shal declare And first of al if we vvil consider the tvvo most renoumed and allowed states of al the world I meane of the Romans and Grecians vve shal finde that both of them began vvith kings but yet vvith far different lawes and restraints about their authorityes for in Rome the kings that succeded Romulus their first founder had as great and absolute authority as ours haue now a dayes but yet their children or next in blood succeded them not of necessity but new kings were chosen partly by the senate and partly by the people as Titus Liuius testifieth so as of three most excellent kings that ensewed immediatly after Romulus to wit Numa Pompilius Tullius Hostilsus Tarqninus Priscus none of them were of the blood royal nor of kyn the one to the other no nor yet Romans borne but chosen rather from among straingers for their vertue and valor and that by election of the senate and consent of the people In Greece and namely among the lacedemonians which vvas the most emynent kingdom among others at that tyme the succession of children after their fathers was more certayne but yet as Aristotle noteth ther authority power was so restrayned by certayne officers of the people named Ephori which commonly vvere fiue in number as they were not only checked and chastined by them if occasion serued but also depriued and some tymes put to death for which cause the said philosopher did iustly mislike this emynent iurisdiction of the Ephori ouer their kings but yet hereby we see vvhat authority the common wealth had in this case and what their meaning vvas in making lawes and restrayning their kings power to wit therby the more to binde them to do iustice which Cicero in his offices vttereth in tbes vvordes Iustitiae fruendae causae apud maiores 〈◊〉 I se Asia in Europe bene morati regesolint sunt constituti c. at cum ius aequabile ab vno viro 〈◊〉 non consequerentur inuentae sunt leges Good kings vvere appoynted in old tyme among our ancestors in Asia and Europe to the end therby to obteyne iustice but when men could not ob teyne equal iustice at one mans handes they inuented lawes The same reason yealdeth the same philosopher in another place not only of the first institution of kingdomes but also of the chainge therof agayne into other gouerments when thes vvere abused Omnes antiquae gentes regibus 〈◊〉 paruerunt c. That is al old nations did liue vnder kingdomes at the beginning which king of gouerment first they gaue vnto the most iust and wisest men which they could finde and also after for loue of them they gaue the same to their posterity ot next in kynne as now also it remayneth vvher kingly gouerment is in vse but other countries which liked not that forme of gouerment and haue shaken of haue done it not that they wil not be vnder any but for that they wil not be euer vnder one only Thus far Cicero and he speaketh this principally in deferice of his-owne cornmō wealth I meane the Roman which had cast of that kinde of gouerment as before hath bin said for the offence they had taken agaynst cessayne kings of thers and first of al agaynst 〈◊〉 himselfe their first founder for 〈◊〉
into Ingland but after this tyme the manner and ceremonies was somwhat altered and made more maiestical in outward shew this especially by king Lewis surnamed the yonger nephew to the foresaid king Phillip who leauing the substance of the action as it vvas before caused diuers external additions of honor and maiestie to be adioyned therunto especially for the coronation of his sonne Phillip the seconde surnamed Augustus whom he caused also to be crowned in his dayes as his grand father Phillip had bin and as himselfe had bin also in his fathers dayes This man among other royal ceremonyes ordeyned the offices of the twelue peeres of France 6. Ecclesiastical and 6. temporal vvho are they which euer since haue had the chiefest places and offices in this great action fot that the fore said Archbishop of Rhemes intituled also Duke of Rhemes hath the first and highest place of al others and annoynteth crowneth the king The bishop Duke of Laon beareth the glasse of sacred oyle The bishop Duke of Langres the crosse The Bishop and earle of Beuais the mantel royal The Bishop Earle of Noyon the kings girdle and last of al the Bishop and Earle of Chalons doth cary the ring and thes are the six ecclesiastical peeres of France with their offices in the coronation The temporal peeres are the Duke of Burgundie deane of the order vvho in this day of coronation holdeth the crowne the Duke of Gasconie Guyene the first banner quartered the Duke of Normandie the 2. banner quartered the Earle of Tholosa rhe golden spurres the Earle of Champanie the banner Royal or standerd of warr and the Earle of flanders the sword royal so as thet are 3. Dukes 3. Earles in euery one of both ranks of spiritual temporal Lords and as Girard noteth the king is apparraled on this day 3. times and in 3 seueral sortes the first as a priest the secōd as a king ād vvarryer the third as a iudge and finally he saith that this solemnitie of anoynting and crowning the king of France is the most mag nificent gorgious and maiestical thing that may be seene in the vvorld for which he referreth vs not only to the particuler coronations of thes two ancient king Phillipps the first second but also to the late coronation of Henry the second father to the last kings of France which is also in printe and in deede is a very goodly and most notable thing to be read though in deede much more to be seen But to say a vvord or two more of Phillip Augustus before I passe any further which happened in the yeare 1179. and in the 25. of the reigne of our king Henry the 2. of Ingland who as the French stories say was present also at this coronation and had his ranck among the peeres as Duke of Normandy and held the kings crowne in his hand one of his sonnes had his ranck also as Duke of Gasconie the forme vsed in this coronation was the very same which is vsed at this day in the admission of the kings of France in recounting wher-of I wil let passe al the particuler ceremonies Which are largely to be read in Francis Belforest in the place before mentioned and I vvil repeate only the kings oth which the said author recounteth in thes wordes The Archbishop of Rhemes being vested in his pontifical attyre and come to the aulter to begin masse wher the king also was vppon a high seat placed he turned to him and said thes wordes in the name of al the cleargie and churches of France Syre that which we require at your handes this day is that you promise vn to vs that you wil kepe al canonical priuileges law and iustice dew to be keept defended as a good king is bound to do in his realme and to euery bishop and church to him committed wherunto the king answered I do promisse and auow to euery one of you and to euery church to you committed that I wil kepe and mainteyne al canonical priuileges law and iustice 〈◊〉 to euery man to the vttermost of my power and by Gods helpe shal defend you as a good king is bound to doe in his realme This being done the king did sweare and make his oth laying his handes vppon the gospel in thes wordes following Au nom de Iesus Christ ie iure promets au peuple christien a moy suiect ces choses c. Which is in Inglish In the name of Iesus Christ I do sweare and promise to al Christian people subiect vnto me thes points ensuning first to 〈◊〉 that al my subiects be kept in the vnion of the church and I wil defend them from al excesse rapine extorsion and iniquity secondly I wil take order that in al iudgments iustice shal be kept with equity and mercy to the end that God of his mercy may conserue vnto me with you my people his holy grace and mercy Thirdly I shal endeuour as much as possibly shal lye in me to chase and driue out of my realme and al my dominions al such as the church hath or shal declare for heretiques as God shal help me and his holy gospels Thus swereth the king and then kysseth the gospels and mediatly is song Te Deum laudamus and after that are said many particuler prayers by the Archbishop and then is the king vested and the ring scepter crowne and other kingly ornaments and ensignes are brought put vppon him with declaration first vvhat they signifie then particuler prayers are made to God that ther signification may be by the king fulfilled And after al ended the Archbishop with the Bishops do blesse him and say thes vvordes vnto him God which reigneth in heauen and gouerneth al kingdomes blesse you c. Be you stable and constant and hold your place and right from hence forth which heere is committed and laid vppon you by the authority of almighty God and by this present tradition and deliuery which we the bishops and other seruants of God do make vnto you of the same and remember you in place conuenient to beare so much more respect reuerence vnto the 〈◊〉 by how much neerer then other men you haue seene 〈◊〉 to approch to Gods aulter to the end that Iesus Christ mediator of God and man may confirme and maynteyne you by the cleargie and people in this your royal seat and throne who being lord of Lords and king of kings make you reigne with him and his father in the life and glory euerlasting Thus saith the Archbishop vnto him and after this he is led by him and the other peares vnto the seat royal wher the crowne is put vppon his head and many other large ceremoneies vsed vvhich may be read in the author a fore said and are to long for this place And yet haue I bin the larger in this matter of France
though by motion and direction of God himselfe we must confesse and no man I thinke vvil deny but that he had giuen vnto him ther whith al kingly priuileges preheminences and regalities euen in the highest degree as vvas conuenient to such a state and among other the scripture expresly nameth that in particuler it vvas assured him by God that his seede should regine after him yea and that for euer but yet vve do not finde this to be performed to any of his elder sonnes as by order of succession it should seme to appertaine no nor to any of their of-spring or discents but only to Salomō vvhich was his younger and tenth sonne and the fourth only by Bersabce as before hath bin touched Trew it is that the scripture recounteth how Adonias Dauids elder sonne that vvas of rare bewty a very godly yong prince seing his father now very old impotent to lye on his death bedd himselfe heyre apparent by antiquitie of bloode after the death of Absalon his elder brother that was slayne before he had determined to haue proclamed himself heire apparēt in Ierusalem before his father died for that purpose had ordeyned a greate assembly banquet had called vnto it both the high preist Abiathar diuers of the cleargie as also the general captaine of al the army of Israel named Ioab With other of the nobility and vvith thē al the rest of his bretherē that were sonnes to king Dauid sauing only Salomō together vvith many other princes great men both spiritual temporal of that estate and had prepared for hem a great feast as I haue said meaning that very day to proclayme himselfe heyre apparent to the crowne and to be crowned as in deed by succession of blood it appertayned vnto him and this he attempted so much the rather by councel of his frends for that he saw the king his father very old and impotent and redy to dye and had taken no order at al for his successor and moreouer Adonias had vnderstood how that Bersabee Salomons mother had some hope to haue her sonne reigne after Dauid vppon a certaine promise that Dauid in his youth had made vnto her therof as also she had in the special fauour and frendship which Nathan the Prophet and Sadoc the preist who could do much vvith the old king Dauid did beare vnto her sonne Salomon aboue al the rest of his brethren Herevppon I say these two that is to saye Queene Bersabee Nathan the Propher comming together to the old man as he lay on his bedd and putting him in mynd of his promise and oth made to Bersabee for the preferment of her sonne and shewing besides how that Adonias whithout his order and consent had gathered an assembly to make himselfe king euen that very day which did put the old king in very great feare and anger and further also telling him vvhich pleased him wel quod oculs totius Isreal in eum respicerent vt indicaret eis quis sederet in solio suo post ipsum that is that the eyes of al Israel vvere vppon him to see whom he vvould commend vnto them to sit in his seat after him which was as much to say as that the vvhole commō wealth referred it to his choise which of his sonnes should reigne after him Vppon these reasons and persuasions I say the good old king was cōtent that they should take Salomon out of hand and put him vppon the kings owne mule and carry him about the streets of Ierusalem accompained whith his gard and court and crying whith sound of trumpets Viuat Rex Salomon and that Sadoc the preist should annoynt him and after that he should be brought back and placed in the royal throne in the pallace and so in deed he was at what time king Dauid himselfe being not able through impotencie to rise out of his bedd did him honor and reuerence from the place vvher he laye for so saith the scriptures aderauit rex in lectulo suo king Dauid adored his sonne Salomon thus crowned euen from his bedd al vvhich no doubt thoughe yt may seeme to haue bin vvrought by humane meanes and pollicy yet must vve confesse that it vvas principally by the special instinct of God himselfe as by the sequel and successe vve see so that hereby also vve are taught that these like determinations of the people magistrates cōmon vvealthes about admitting or refusing of princes to reigne or not to reigne ouer them vvhen their designements are to good endes and for iust respects and causes are allowed also by God and oftentymes are his owne special dirftes and dispositions though they seme to come from man Wherof no one thing can giue a more euident proofe then that which ensued afterward to prince Roboam the lawful sonne and heyre of this king Salomon who after his fathers death comming to Sichem wher al the people of Israel vvere gathered together for his coronation and admission according to his right by succession For vntil that time vve see he was not accounted true kinge thoughe his father was dead and this is to be noted the people began to propose vnto him certayne conditions for taking away of some harde and heauy impositions layed vppon them by Salomon his father an euident president of the oth and conditions that princes do swere vnto in thes dayes at their coronation vvhervnto vvhen Roboam refused to yeild ten tribes of the twelue refused to admit him for their king but chose rather one Ieroboam Roboams seruant that was a meere stranger and but of poore parentage made him ther lawful king God allowed therof as the scripture in expresse vvords doth testifie and vvhen Roboam that toke himselfe to be openly iniuried heer by vvould by armes haue pursued his title and had gathered together an armie of a hundred and fower score thovvsand chosen souldiars as the scripture sayeth to punish thes rebells as he called thē to reduce thes 10 tribes to their due obediēce of ther natural prince God appeered vnto one Semeia a holy man bad him go to the campe of Roboam and tel them playnely that he would not haue them to fight against ther brethern that had chosen an other king but that euery man should go home to his house and liue quietly vnder the king vvhich each party had and so they did and this was the end of that tumult vvhich God for the sinnes of Salomon had permitted and allowed of And thus much by the way I thought good to touch out of holy scripture concerning the Iewish cōmonwealth euen at the beginning for that it may giue light to al the rest vvhich after I am to create of for if God permitted and allowed this in his owne common wealth that vvas to be the exāple and paterne of al others that should ensew no doubt but that
A CONFERENCE ABOVT THE NEXT SVCCESSION TO THE CROWNE OF INGLAND DIVIDED IN TO TVVO PARTES VVHERE-OF THE FIRST CONTEYNETH THE discourse of a ciuill Lavvyer hovv and in vvhat manner propinquity of blood is to be preferred And the second the speech of a Temporall Lavvyer about the particuler titles of all such as do or may pretende vvithin Ingland or vvithout to the next succession VVhere vnto is also added a new perfect arbor or genealogie of the discents of all the kinges and princes of Ingland from the conquest vnto this day whereby each mans pretence is made more plaine DIRECTED TO THE RIGHT HOnorable the earle of ESSEX of her Maiesties priuy councell of the noble order of the Garter Published by R. DOLEMAN Imprinted at N. with Licence M. D. XCIIII THE SOMME OF BOTHE PARTES MORE IN PARTICVLER THe first declareth by many proofes arguments that the next propinquitie or ancetry of blood alone though it were certaynly knowne yet that it is not sufficient to be admitted to a crowne without other cōditions and circumstances requisit be founde also in the person pretēdent THe second examineth the titles and pretentions of al such as may haue clayme or action to the crowne of Ingland at this day what may be said for them and what agaynst them and in the end though he leaue the matter extreme doubtful as touching the best right yet he giueth certayne coniectures about some persons that are lykest to preuaile TO THE RIGHT HONORABLE THE EARLE OF ESSEX OF HER MAIESTIES PRIVY COVNCEL VVo principal causes among others right honorable are wōt to inuite mē to dedicate any booke or treatise to a person in authoritie the one priuate duty obligatiō the other publiquevtility in respect that the matter may concearne that person for the cōmō good And to cōfesse the truth both of these ioyntly haue moued me at this tyme to present vnto your honour aboue others the two bookes ensuing which conteyne a conference had in Holland not long since about the pretences pretenders to the crowne of Ingland as your honour shall perceaue by the preface of each booke therfore herof I shall need say no more but only declare the fore said two causes of this dedication First then I saye that my particuler obligation towards your honours person riseth partly of good turnes and benefites receaued by some frendes of myne at your Lordships handes in your last voyage exploits in Frāce but principally of far greater fauours receaued from your noble ancestors I meane not only your father whose untimely death was to Inglād no smalle woūde but of your grādfather also that worthy Knight Sir VValter Deuorax who though he liued not to come to those titles of honor wherunto he was borne yet left he behinde him so rare a memory for his excellent partes of lerning wit feuter of body curtesie other such noble commēdations as none in Ingland perhapps the lyke in our tyme wherin also hath liued your honours great grandfather Sir Henry Deuorax visconde Ferys wel remembred yet by diuers of my said frendes obliged vnto him as also recorded by our Inglish histories as well for his merits worthines as in lyke manner for his match with the heyre of the most famous noble house of the Bourchers earles of Essex wherof also your honour is knowne to be discēded to hold at this day as wel their nobilitie of bloode as dignitie of title this shall serue in this place for my perticuler obligation wherof perhapps here-after vppon other occasion I may giue further relation and testimony to the world in token of my gratitude But for the second pointe of publique vtilitie I thought no man more fitt then your honour to dedicate these two bookes vnto which treate of the succession to the crowne of Ingland for that no mā is in more high eminent place or dignitie at this day in our realme then your selfe whether we respect your nobilitie or calling or fauour with your prince or high liking of the people consequently no man like to haue a greater part or sway in deciding of this great affaire when tyme shall come for that determination then your honour and those that will assist you are likest to follow your fame and fortune And for that it is not cōuenient for your honour to be vnskillfull in a matter which cōcerneth your person the whole realme so much as this doth and finding this conference had by two learned Lawyers to handle the question very pithely and exactly and yet with much modestye and without offence of any and with particuler affection and deuotion to her Maiestie with special care of her safetye I thought not expedient to let it lye vnpublished as also I iudged that no hāds were fitter to receaue the same nor any protectiō more secure or plausible then that of your honour whom God long preserue in all true honour and felicity to the comfort of your Lordships faithfull seruants clyents to the publique benefite of your country from my chamber in Amsterdame this last of December 1593. Your honours most affectionate R. DOLEMAN THE CONTENTS OF THE FIRST PARTE THE preface conteyning the occasion of this treatise vvith the subiect purpose partes therof That succession to gouerment by neernes of bloode is not by Lavv of nature or diuine but only by humane positiue Lawes of euery particuler common wealth and consequently may vppon iust causes be altered by the same Cap. 1. fol. 1. Of the particuler forme of Monarchies kingdomes and the different Lawes wherby they are to be obteyned holden and gouerned in diuers countryes according as ech common wealth hath chosen and established Cap. 2. fol. 15. Of the great reuerence and respect dew to kings and yet how diuers of them haue bine lawfully chastised by their commō wealthes for their misgouerment of the good and prosperous suecesse that god commonly hath giuen to the same and much more to the putting back of an vnworthie pretender Cap. 3. fol. 37. VVherin consisteth principally the lawfulnes of proceeding agaynst Princes which in the former chapter is mentioned what interest Princes haue in their subiects goodes or liues how othes do by nde or may be broken by subiects towardes their Princes and finally the difference betweene a good king a Tyrant Cap. 4. fol. 63. Of the Coronation of Princes and manner of their admitting to their authority and the othes which they do make in the same vnto the common wealth for their good gouerment Cap. 5. fol. 82. VVhat is dew to only succession by birth and what interest or right an heyre apparent hath to the crowne before he is crowned or admitted by the commō wealth and how iustly he may be put back if he haue not the partes requisite Cap. 6. fol. 121. How the next in succession by propinquity of bloode haue oftentymes bin put back by the cōmon
children and rising early in the morning did offer for them holocastes or burnt sacrifices euery day This men vsed in those dayes and this they were taught by law of nature I meane both to honor God aboue al things and to honor him by this particuler way of sacrifices vvhich is proued also euidently by that which at this day is founde and seene in the Indians vvher neuer any notice of Moyses law came and yet no nation hath euer bin found among them that acknowlegeth not some kinde of God and offereth not some kinde of sacrifise vnto him And albeit in the particuler meanes of honoring this God as also in distinguishing betweene false Gods and the true God thes people of the Indias haue fallen into most grosse infinite errors as also the gentiles of Europe Asia Africa did by the craft subtilty of the diuel which abusing their ignorance did thrust him selfe into the place of God and deriued drew those sacrifises and supreme honors vnto himselfe vvhich vvere dew to God alone yet is it euident heerby and this is sufficient for our purpose that by God nature the highest and chiefest end of euery common vvealth is Cultus Dei the seruice of God and religion and consequently that the principal care charge of a prince and magestrate euen by nature it selfe is to looke therunto wherof al antiquity both among Iewes and Gentiles vvere vvont to haue so great regard as for many yeares and ages their kings chiefe magestrates vvere also preestes and diuers lerned men do hold that the priuilege and preheminence of primogenitura or the first borne children so much estemed in the law of nature as before vve haue seene cōsisted principally in this that the eldest sonnes were preestes had the charge and dignity of this greatest action of al other vppon earth vvhich our temporal Magistrates so little regard now And this respect and reuerence tovvards religion vvas so greatly planted in the brests of al nations by nature herselfe as Cicero pronounsed this general sentence in his tyme. Nulla est gens tam fera nulla tam immanis cuius mentem non imbuerit deorum colendorum religio Ther is no nation so fearce or barbarous whose myndes are not indued vvhith some religion of worshipping Gods And Plutarch writing against a certaine Atheist of his tyme saith thus If you trauaile far countries you may chance 〈◊〉 find some cities without lerning without kings without riches without money but a citty without temples and without Gods and sacrifises no man yet hath euer seene And finally Aristotle in his politiques hauing numbred diuers things necessary to a common wealth addeth thes wordes Quintum primum Circa rem diuinam cultus quod sacerdotium sacrificiumque vocant In the fift place which in deed onght to be the first of al other is necessary to a common wealth the honor and seruice dew vnto God which men commonly do comprehend by the woordes of preest-hode and sacrifice Al this I haue alleaged to confute euen by the principles of nature herselfe the absurd opinions of diuers atheistes of our tyme that will seeme to be gteat politiques who affirme that religion ought not to be so greatly respected in a prince or by a prince as though it were his chiefest care or the matter of most importance in his gouerment which you see how false and impious it is euen among the gētiles themselues but much more amōg christians who haue so much the greater obligatiō to take to hart this matter of religion by how much greater light knowledge they haue of God and therfore we see that in al the princes othes which before you haue hard recited to be made taken by them at their admission coronation the first and principal point of al other is about religion maintenance therof and according to this oth also of supreme princes not only to defend and maynteyne religion by themselues in al ther states but also by their lieftenaunts and vnder gouernours we haue in our ciuil law a very solemne forme of an oth which Iustinian the Emperor aboue a thousand and 50. yeares gone vvas wont to giue to al his gouernours of countries citties and other places before they could be admitted to their charges and for that it is very effectual that you may see therby what care there was of this matter at that tyme and vvhat manner of solemne and religious protestations as also imprecations they did vse therin it shal not be amisse perhapps to repeat the same in his owne woords which are thes following The title in the Ciuil law is iuramentum quod Praestatur ijs qui administrationes accipiunt the oth vvhich is giuen to them that receaue gouerments and then the oth beginneth thus Iuro per Deum omnipotentem filium eius vnigenitā Dominum nostrum Iesum Christum Spiritum sanctum per sanctam gloriosam Dei genitricem semper virginem Mariam per quatuor euangelia quae in manibus meis teneo per sanctos archangelos Michaelem Gabrielem puram conscientiam germanumque seruitium me seruaturum sacratissimis nostris Dominis Justiniano Theodosiae coniugi eius occasione traditae mihi ab eorū pietate administrationis Et quod cōmunicator sum sanctissima Dei Catholicae Apostolicae Ecclesiae nullo modo vel tempore aduersaborei nec alium quōcunque permittam quātum possibilitatē habeam si vero non haec omnia seruauero recipiam omnia incomoda hic in futuro seculo in terribili iuditio magni Domini Dei saluatoris nostri Iesu Christi habebo paertē cum Iuda cū lepra Giezi cum tremore Cain in super paenis quae lege eorum pietatis continentur ero subiectus Which in Inglish is thus I do sweare by almightie God and by his holy sonne our Lord Iesus Christ and by the holy ghost and by the holy glorious mother of God the perpetual virgin Marie and by the foure holy ghospells which I do hold in my hand by the holy archangels S. Michel and S. Gabriel that I wil kepe a pure conscience performe true seruice vnto the sacred persons of our Lords and princes Iustinian and Theodosia his wife in al occasions of this gouerment by their benignity committed vnto me Moreouer I do sweare that I am communicant and member of the most holy Catholique and Apostolique church of God and that I shal neuer at any tyme heerafter be contrary to the same nor suffer any other to be as much as shallye in my possibilitie to let And if I should break this oth or not obserue any poynt therof I am content to receaue any punisment both in this vvorld as also in the world to comme in that last and most terrible iudgment of our great Lord and saueour Iesus Christ and
damnably as the Apostle here saith vvho committeth any thing against his owne conscience though otherwise the thing vvere not only indifferent but very good also in it selfe for that of the doers part ther vvanteth no malice or wil to sinne seing he doth that which he apprehendeth to be naught though in it selfe it be not And now to apply al this to our purpose for Ingland and for the matter we haue in hand I affirme and hold that for any man to giue his helpe consent or assistance towards the making of a king whom he iudgeth or beleueth to be faultie in religion consequently would aduance either no religion or the wrong if he were in authority is a most greuous and damnable sinne to him that doth it of what side soeuer the truth be or how good or bad so euer the party be that is preferred For if S. Paul haue pronounced so absolutely and playnly in the place before alleaged that euen in eating of a peece of meat it is damnable for a man to discerne and yet to eate what may we thinke wil it be in so great and important a matter as the making of a king is for a man to dissemble or do against his owne conscience iudgmēt that is to say to discerne and iudge that he is an infidel or heritique or wicked mā or A theist or erronens in religion and yet to further his aduancement and gouerment ouer christians wher he shal be able to peruert infinite and to pull downe al honor seruice dew vnto God and vvhether he do this euel afterwards or not yet shal I be guyltie of al this for that knowing and persuading my selfe that he is like or in disposition to do it yet for feare flattery carelesnes kinred emulation against others vaine pretence of title lacke of zeale to gods cause or for other the like passions or temporal respects I do fauour further or sooth him in his pretēces or do not resist him when it lyeth in my power by al vvhich I do iustly make my felfe guyltie of al the euills hurts miseries and calamities both temporal and spiritual vvhich afterward by his euel gouerment do or may ensew for that I knowing him to be such a one did notwithstanding assist his promotion And thus much now for matter of cōscience but if we consider reason of state also and wordly pollicie it can not be but great folly ouersight for a man of what religion soeuer he be to promote to a kingdome in which himselfe must liue one of a contrary religion to himselfe for let the bargaines and agreements be vvhat they wil and fayre promises vayne hopes neuer so great yet seing the prince once made and setled must needes proceede according to the principles of his owne religion it followeth also that he must come quickly to break with the other party though before he loued hym neuer so vvel which yet perhapps is very hard if not impossible for tvvo of different religions to loue sincerly but if it vvere so yet so many ielosies suspitions accusations calumniations and other auersions must needes light vppon the party that is of different religion from the state and Prince vnder whom he liueth as not only he cānot be capable of such preferments honors charges gouerments and the like which men may deserue and desyer in their commō wealthes but also he shal be in continual danger and subiect to a thousand molestations and iniuries which are incident to the condition and state of him that is not currant whith the course of his prince and realme in matters of religion and so before he beware he becommeth to be accompted an enimye or backward man which to remedy he must ether dissemble deeply and against his owne conscience make shew to fauour and set forward that vvhich in his hart he doth detest vvhich is the greatest calamitie misery of al other though yet many tymes not sufficient to deliuer him from suspition or els to auoyd this euerlasting perdition he must break withal the temporal commodityes of this life and leaue the benifits which his countrey and realme might yeld him and this is the ordinary end of al such men how soft sweet soeuer the beginnings be And therfore to conclude at length al this tedious speech vvherwith I feare me I haue wearied you against my wil seeing ther be so great inconueniences and dangers both temporal and eternal and in respect both of God and man of body and soule as hathe bin declared to aduance a prince of contrary religion to the crowne and cōsidering that in Ingland ther is so great diuersitie of religions as the world knoweth betweene these parties and factions that haue to pretende or admitt the next prince after her Maiestie that now is calling to mynd also the great liberty scope and authority which the common vvealth hath in admitting or reiecting the pretenders vpon dew considerations be ther right of succession neuer so playne or cleare as before hath bin shewed and laying finally before our eyes the manifold and different actes of christiam realmes before mentioned in this affaire al thes things I say being layd together you may see whether I had reason at the beginning to thinke and affirme that it was a doubtful case who should be our next prince after the Queenes Maiestie that now sitteth at the sterne and if beyond and aboue al this that I haue said our frend the common lawyer heere present shal proue also as at the first enterance he promised that amōg such as do or may pretend of the blood royal at this daye their true succession and next propinquity by birth is also incertayne and disputable then is the matter made ther-by much more ambigious and God only knowhwho shal preuaile and to him only is the matter to be commended as far as I see and vvith this I make an ende thanking you most harrely for your patience and crauing pardon for that I haue bin ouer long or for any other fault that in this speach I haue committed FINIS THE PREFACE OF THE SECOND PARTE THE Ciuilian had no sooner ended his discourse but al the company being most desirous to here what the temporal lawyer had prepared to say about the seueral titles of the present pretendors to the crowne of Ingland began with one accord to request him earnestly for the performance of his promised speach in that behalfe who shewing himselfe nether vnwilling nor vnready for the same told them that he was content to yeald to their desyers but yet with one condition which was that he would take in hand this matter with the same asseueration and protestation with the Ciuilian in some occasions had vsed before him and it liked him wel to wit that hauing to speak in this discourse of many princes peeres and nobles of the royal blood of Ingland to al which by law of nature equity and reason
now it standeth and for the publique good not only of the common subiects but also of the nobility and especially and aboue others of the Inglish competitors and pretendors that cannot al speede no vvay vvere so commodious as this to avoid bloodshed to wit that some external Prince of this tyme should be admitted vppon such compositions and agreements as both the realme should remayne whith her ancient liberties and perhapps much more then now it enioyeth for such Princes commonly vppon such occasions of preferment vvould yeeld to much more in those cases then a homborne Prince vvould and the other pretenders at home also should remayne vvhith more security then they can wel hope to do vnder any Inglish competitor if he come to the crowne who shal be continually egged on by his owne kynred and by the auerhon emulation and hatred that he hath taken alredy by contention against the other opposite houses to pul them downe and to make them away and so we haue seene it by continual examples for many yeares though no occasion say these men hath euer bin offied to suspect the same so much as now if any one of the home Inglish blood be preferred before the rest and this is so much as they say to this second kinde of being vnder forrayne Princes To the third they confesse that it standeth subiect to much danger and inconuenience to admit a forayne Prince to liue among vs with forces either present or so neere as that without resistance he may call them when he listeth and of this their needeth no more proofe say these men then the examples before alleaged of the Danes and Normans and the misery and calamity which for many yearee the Inglish passed vnder them and further more the reason heerof is euident say these men for first in this third kinde of admitting a strainger king we are depriued by his dwelling amongest vs of those vtilities before mentioned which Ireland Flanders Britanie Naples and other states enioy by liuing far of from their Princes which commodities are much more libertie and freedome lesse payments lesse punishments more imployments of the nobility and others in gouerment and the like And secondly by his comming armed vnto vs we cannot expect those commodities vvhich before I touched in the second kynd of forraine gouerment but rather al the incommodities and inconueniences that are to be found either in domestical or foraine gouerments al I saye do fall vppon this third manner of admitting a stranger as easily shal be seene For first of al the greatest incommodities that can be feared of a domestical Prince are pride crueltie partiality pursuing of factions and particuler hatred extraordinary aduansing of his own kynred pressing pynching and ouer rigorous punishing of his people without feare for that he is euer sure of his partie to stand whith him within the realme and so hath he the lesse respect to others and for that al these inconueniences and other such like do grow for the most part by the Princes continual presence among his subiects they are incident also to this other though he be a strainger for that he is also to be present and to liue among vs and so much the more easely he may fall into them then a domestical Prince for that he shal haue both external coūcel of a people that hateth vs to prick him forward in it as also their external power to assist him in the same which two motiues euery domestical Prince hath not Agayne they say that the woorst greatest incommodities of a forraine gouerment that may be feared are tyranny and bringing into seruitude the people ouer whō they gouerne and filling of the realme with straingers and deuiding to them the dignities riches and preferments of the same al which they say are incident also by al probability to this third kinde of forraine gouermēt where the Prince strainger lyueth present and hath forces at hand to woorke his vvil and this is the case say they of the king of Scotts who only of any forraine pretender semeth may iustly be feared for these and other reasons alleaged before when we talked of his pretence to the crowne To conclude then these men are of opinion that of al these three manners of being vnder straingers or admitting forraine gouerments this third kynde 〈◊〉 as it vvere to the kinge of Scottes case is to be only feared and none els for as for the second they say that it is not only not to be feared or abhorred but rather much to be desyred for that of al other sortes it hath the least inconueniences and most commodities for which causes we read and see that wher kings goe by election commonly they take straingers as the Romans and Lacedemonians did often at the beginning and after the beginning of the Roman Monarchie their forraine borne Emperors were the best and most famous of al the rest as Traian and Adrian that were Spaniards Septimius Seuerus borne in Africa Constantine the great natural of Ingland and the like and the very woorst that euer they had as Caligula Nero Heliogabolus Commodus and such other like plagues of the weale publique were Romans and in our dayes and within a few yeares we haue seene that the Polonians haue chosen three kings straingers one after an other the first Stephen Battorius Prince of Transiluania the second Henry of France and last of al the Prince of Swecia that vet liueth and the state of Venetians by way of good polliei haue made it for a perpetuall Law that when they haue warr to make and must needs choose a general Captayne and commit their forces into his handes he must be a stranger to wit some Prince of Italie that is out of their owne states heerby to auoyde partiality and to haue him the more indifferent and equal to them al which yet so many prudent men vvould neuer agree vppon if there vvere not great reason of commodities therin so as this point is concluded that such as speake against this second kinde of hauing a forrayne Prince speake of passion or inconsideration or lacke of experience in matters of state and common vvealthes As for the first manner of being vnder foraine gouerment as a member or prouince of an other bigger kingdome and to be gouerned by a deputie viceroy or strange gouernour as Ireland Flanders Naples and other states before mentioned be vvith certayne and stable conditions of liberties and immunities and by a forme of gouerment agreed vppon on both sides these men do confesse also that their may be arguments reasons and probabilities alleaged on both sides and for both parties but yet that al things considered and the inconueniences hurtes and dangers before rehearsed that subiects do suffer also oftentymes at the handes of their owne natural Princes these men are of opinion for the causes alredy declared that the profittes are more and far greater then the damages or