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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91487	Severall speeches delivered at a conference concerning the power of Parliament, to proeeed [sic] against their King for misgovernment. In which is stated: I. That government by blood is not by law of nature, or divine, but only by humane and positive laws of every particular common-wealth, and may upon just causes be altered. II. The particular forme of monarchies and kingdomes, and the different laws whereby they are to be obtained, holden and governed ... III. The great reverence and respect due to kings, ... IV. The lawfulnesse of proceeding against princes: ... V. The coronation of princes, ... VI. What is due to onely succession by birth, and what interest or right an heire apparent hath to the crown, ... VII. How the next in succession by propinquity of blood, have often times been put back by the common-wealth, ... VIII. Divers other examples out of the states of France and England, for proofe that the next in blood are sometimes put back from succession, ... IX. What are the principall points which a common-wealth ought to respect in admitting or excluding their king, wherein is handled largely also of the diversity of religions, and other such causes.	Parsons, Robert, 1546-1610, attributed name.	1648 (1648)	Wing P573; Thomason E521_1; ESTC R203152	104,974	80

Authority they have great limitation neither can they do any thing of great moment without the consent of certain principal men called Palatines or Castellians neither may their children or next of Bloud succeed except they be chosen as in the Empire Herbert l. 9. Hist Pol. Cromerus l. 3. Hist Polon In Spain France and England the priviledges of Kings are farre 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 selfe without further approbation of the Common-wealth which holdeth not in England where no general Law can be made without consent of Parliament but in the other point of Succession it appeareth that the restraint is farre 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 States of the Realme as it is expresly set down in the two ancient Councels of Tolledo the fourth and fifth Concil blet 4. c. 74. coneil s c. 3. 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 sworne by the said Nobility and States in token of their new consent and so we have seen it practised in our dayes towards three or four of king Philips 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 sirnamed the Fair yet was he put by the Crown Anne 1340. Anil hist Franc. l. 2. Gerard. du Haylan l. 14. hist Franc. 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 Nav●r thereby seemed also 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 affaires Franc. Belfor l. 5. c. 1. Anno 1327. Neither did it avail that the two kings aforesaid alleadged that it was against reason and conscience and custome of all Nations to exclude women from the Succession of the Crown which appertained unto them by propinquity of Bloud seeing both Nature and God hath made them capable of such Succession every where as it appeareth by example of all other Nations and in the old Testament among the people of God it selfe where we see Women have been admitted unto kingdomes by succession but all this I say prevailed not with the French as it did not also since for the admission of Dona Isabella Eugenia Clara Infanta of Spain unto the said Crown of France though by dissent of Bloud there be no question of her next propinquity for that she was the eldest childe of the king's eldest sister The like exclusion was then made against the prince of Lorain though he was a man and nephew to the king for that his Title was by a Woman to wit his mother that was younger sister unto king Henry of France And albeit the Law called Salica by the French-men by vertue whereof they pretend to exclude the Succession of Women be no very ancient Law as the French themselves do confesse and much lesse made by Pharamond their first king or in those ancient times as others without ground do affirme Gerard. du Hail l. 13. hist Fra●c Anno 1317. l. 14. Anno 1328 l. 3. de l'Estat defrunce Yet do we see that it is sufficient to binde all Princes and Subjects of that Realme to observe the same and to alter the course of natural Discent and nearnesse of Bloud as we have seen and that the king of Navar and some others of his race by vertue of this onely Law did pretend to be next in Succession to this goodly Crown though in nearnesse of Bloud they were farther off by many degrees from king Henry the third than either the foresaid Infanta of Spain or the prince of Lorain who were children of his own sisters which point yet in England were great disorder and would not be suffered for that our Lawes are otherwise and who made these Lawes but the Common-wealth it selfe By all which we see that divers Kingdomes have divers lawes and customes in the matter of succession and that it is not enough for a man to alleage bare propinquity of blood thereby to prevaile for that he may be excluded or put back by divers other circumstances for sundry other reasons which afterward we shall discusse Yea not onely in this point hath the common-wealth authority to put back the next inheritors upon lawfull considerations but also to dispossesse them that have bin lawfully put in possession if they fulfill not the lawes and conditions by which and for which their dignitie was given them Which point as it cannot serve for wicked men to be troublesome unto their Governours for their own interests or appetites so yet when it is done upon just and urgent causes and by publique authority of the whole body the justice thereof is playne not onely by the grounds and reasons before alleaged but also by those examples of the Romans and Grecians already mentioned who lawfully deposed their Kings upon just considerations and changed also their Monarchie and Kingly Government into other forme of regiment And it might be proved also by examples of all other nations and this perhaps with a circumstance which every man considereth not to wit That God hath wonderfully concurred for the most part with such juditiall acts of the common-Wealth against their evill Princes not onely in prospering the same but by giving them also commonly some notable successor in place of the deposed thereby hath to justify the fact and to remedy the fault of him that went before I am far from the opinion of those people of our dayes or of old who make so little account of their duty towards Princes as be their title what it will yet for every mislike of their owne they are ready to band

and when they come to lift him up let him step upon a buckler or target and let the cheife and principall men there present hold the Target so lifting him up let them the people cry three times as hard as they can Real Real Real Then let the King command some of his own money to be cast among the people to the quantitie of the hundr●d shillings and to the end be may give all men to understand that no man now is above him let himselfe tye on his own Sword in the form of a crosse and let no Knight or other man beare a Sword that day but only the King This was the ould fashion of making Kings in Spain which in effect and substance remaineth still though the manner thereof be somewhat altered for that the Spanish Kings be not Crowned but have an other ceremony for their admission equall to coronation which is performed by the Arch-Bishop of Toled primat of all Spain as the other Coronations before mentioned are by the Arch-Bishop of Moguntia to the Emperour and by the Arch-Bishop of Guesna to the King of Polonia and by the Arch-Bishop Praga to the King of Bohemia and by the Arch-Bishop of Praga to the King of Portuga as was by the Arch-Bishop of Canterbury to the King of England and by the Arch-Bishop Rhemes to the King of Fraunce of which Realme of France we may not omit to say somewhat in particular seeing it is so goodly a Kingdome and so neere to England not only in Cituation but also in Lawes manners and customes and as the race of English Kings have come from them in diverse manners since the conquest so may it be also supposed that the principall ceremonies and circumstances of this action of Coronation hath beene received in like manner from them First then touching the act of Cornation and admission of the King of France even as before I have said of Spayne so also in this Kingdom do I find two manners of that action the one more ancient which the French doe say hath indured in substance from their first Christian King named Clodoueus unto this day which is nigh Twelve hundred yeares for that Clodouius was Christened the yeare of our Lord 490. in the City of Rhems by Remigius Bishop of that City and annointed also and Crowned King by the same Bishop which manner and order of anoynting and Coronation endured after for about six hundred yeares unto the time of Henry the first and King Phillip the first his sonne both Kings of France At what time which is about 500. yeares a gone both the Chroniclers and Cosmographers of France do testifie that there was a peculier booke in the library of the Church of Beuais conteining the particuler order of this action Belfor l. 3. c. 20. Thevet cosmograph univers l. 15. c. 2. Papir masson annal l 3. pag 2. 15. which had endured from Clodo●eus unto that time Which order for so much as toucheth the solemnite of officers in the Coronation and other like circumstances was far different at that time from that which is now for that in those dayes there were no Peers of France appointed to assist the same Coronation which now are the chiefe and the greatest part of that Solemnitie Yea Girard du Hailan Secretarie of France in his third booke of the affaires and state of that Kingdom sayth that the ceremonies of Crowning their ould Kings were much after the fashon which I noted a little before out of the law of Dan Pelay● first King of Spaine after the Moores for that they were lifted up and carried about upon a Target by the chiefe subjects there present as the Spaniards were But as touching the principal point of that action which is the substance of admitting the King unto his Royal authority and oath by him made o● Governing well and justly and of the reciprocall oath of obedience made to him againe by his subjects it was not much different from that which now is as shall appeare by the Coronation of the foresaid Phillip the first who was crowned in the life and presence of his Father King Henry after the fashion then used in the yeare of Christ 1059. and it was in manner following as Nangis and Tillet both authours of great authoritie among the French do recount it and Francies Belforest out of them both repeateth the same at large in these words following Francis Belfor hist Fran. lib. 3. c 20. in vita Philip 1. King Henry the first of this name seeing himselfe very ould and feeble made an Assembly of all the states of France in the City of Paris in the yeare of Christ 1059. where bringing in his young sonne and heire Phil●p that was but 9. yeares of age before them all he said as followeth The speach of the Father Hetherto my deare freinds and subjects I have bin the head of your Nobility and men at armes but now by mine age and disposition of body I doe well-perceive that ere it be long I must be seperated from you● and therefore I d●sire you that if ever you have loved me you shew it now in giving your consent and approbation that this my sonne may be admitted for your King and apparaled with the Royall ornaments of this Crowne of France and that you will sweare fealtie unto him and do him homage Thus said the King and then having asked every one of the assistance in particuler for his consent apart and afterwards the whole assembly ingenerall 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 assention with great ioy in Paris and after went to Rhemes with all the Court and Tryan to celebrate the Coronation upon the feast of Whitsunday Thus far are the words of William de Nangis alleadged in the story of France by Balforest and it is to be noted first how the King did r●quest the nobility and people to admit his sonne and secondly how ●e did aske there consents a part for that these two points do evedently confirm that which I said at the begining 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 Subjects 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 Recordes in the Chapter of ●nnointing the Kings of France in these words In the yeare of grace 1059. and 32. of the Reign of King Henry the first of this name of France and in the 4● yeare of the seat and Bishoprick of Geruays Arch-Bishop of Rhemes and in the 23 day of May being Whitsunday King Philip the first was anointed by the said Arch-Bishop Geruays in the great Church of Rhemes before the Alter of our Lady with the order and ceremony that ensueth The Masse being b●gun when it

SEVERALL SPEECHES Delivered At a Conference concerning the Power of Parliament to proceed against their KING for MISGOVERNMENT In which is Stated I. That Government by blood is not by Law of Nature or Divine but only by humane and positive Laws of every particular Common-wealth and may upon just causes be altered II. The particular forme of Monarchies and Kingdomes and the different Laws whereby they are to be obtained holden and governed in divers Countries according as each Common-wealth hath chosen and established III. The great reverence and respect due to Kings and yet how divers of them have been lawfully chastised by their Parliaments and Common-wealths for their misgovernment and of the good and prosperous successe that God commonly hath given to the same IV. The lawfulnesse of proceeding against Princes what interest Princes have in their Subjects goods or lives how Oathes do binde or may be broken by Subjects towards their Princes and finally the difference between a good King and a Tyrant V. The Coronation of Princes and manner of their admitting to their authority the Other which they doe make in the same unto the Common-wealth for their good Government VI. What is due to onely Succession by birth and what interest or right an Heire apparent hath to the Crown before he is Crowned or admitted by the Common-wealth and how justly he may be put back if he have not the parts requisite VII How the next in succession by propinquity of blood have often times been put back by the Common-wealth and others further off admitted in their places even in those Kingdoms where succession prevaileth with many examples of the Kingdomes of Israel Spaine VIII Divers other examples out of the States of France and England for proofe that the next in blood are sometimes put back from succession and how God hath approved the same with good successe IX What are the principall points which a Common-wealth ought to respect in admitting or excluding their King wherein is handled largely also of the diversity of Religions and other such causes LONDON Printed by Robert Ibbitson dwelling in Smith field neere the Queens-head-Tavern MDCXLVIII The first Speech THe Examples of a mad or furious Heir apparent or of one that were by Education a Turke or Moor in Religion or by Nature deprived of his Wit or Senses do plainly prove that propinquity of Birth or Bloud alone without other circumstances is not sufficient to be preferred to a Crown for that no Reason or Law Religion or Wisedom in the World can admit such Persons to the Government of the Common-wealth by whom no good but destruction may be expected to the same seeing that Government was ordeined for the benefit of the Weal-publique and not otherwise And though some in these our Dayes have affirmed the contrary and published the same in writing for the defence flattery or advancement of the Prince they favour affirming that even a fool mad or furious man or otherwise so wicked as he would endeavour to destroy the Common-wealth were to be admitted to the Seat Royal without further consideration if he be next in Bloud yet this is manifestly agaist all reason and conscience and against the very first end and purpose of institution of Common-wealths and Magistrates Hereof it doth ensue that some other Conditions also must needs be requisite for coming to Government by Succession besides the onely propinquity or priority in Bloud and that the Conditions must be assigned and limited out by some higher Authority than is that of the Prince himselfe who is bound and limited thereby and yet it seemeth evident they are not prescribed by any Law of Nature or Divine for that then they should be both immutable and the selfe-same in all Countries as God and Nature are one and the same to all without change where notwithstanding we see that these Conditions and Circumstances of succeeding by Birth are divers or different in different Countries as also they are subject to changes according to the diversity of Kingdomes Realmes and People whereby we are forced to conclude that every particular Countrey and Common-wealth hath prescribed these Conditions to it selfe and hath Authority to do the same For better proof whereof it is first of all to be supposed that albeit sociability or inclination to live together in company Man with Man whereof ensueth both City and Common-wealth as Aristotle gathereth in his first Book of Politiques be of Nature and consequently also of God that is Authour of Nature though Government in like manner and jurisdiction of Magistrates which do follow necessarily upon this living together in company be also of Nature yet the particular Forme or manner of this or that Government in this or that Fashion as to have many Governours few or one and those either Kings Dukes Earles or the like or that they should have this or that Authority more or lesse for longer or shorter time or be taken by Succession or Election themselves and their Children or next in Bloud all these things I say are not by Law either Natural or Divine for then as hath been said they should be all one in all Countries and Nations seeing God and Nature is one to all but they are ordained by particular positive Lawes of every Countrey But now that sociability in Mankinde or inclination to live in company is by Nature and consequently ordained by God for the common benefit of all is an easie thing to prove seeing that all ground of Realmes and Common-wealths dependeth of this point as of their first Principle for that a Common-wealth is nothing else but the good Government of a Multitude gathered together to live in one and therefore all old Philosophers Law-makers and Wise men that have treated of Government or Common-wealths as Plat● in his ten most excellent Bookes which he wrote of this matter intituling them of the Common-wealth Plato de repub Cicero de repub Arist. Polit. And Marcus Cicero that famous Councellour in other six Books that he writ of the same matter under the same Title And Aristotle that perhaps excelleth them both in eight Bookes which is called his Politiques All these I say do make their entrance to treat of their Common-wealth affaires from this first Principle to wit That man by Nature is sociable and inclined to live in company whereof do proceed first all private Houses then Villages then Townes then Cities then Kingdomes and Common-wealths This ground and Principle then do they prove by divers evident reasons as first for that in all Nations never so wilde and barbarous we see by experience that by one way or other they endeavour to live together either in Cities Townes Villages Caves Woods Tents or other like manner according to the Custome of each countrey Pompon Mela. lib. 3. cap. 3 4. Tacit. lib. 8. which universal instinct could never be in all but by impression of Nature it selfe Secondly they prove the same by that the use of speech is

unto this King Sissinandus Ambros Maral l. 11. cap. 17. and speaketh infinite good in the same of the vertues of King Suintila that was now deposed and condemned in this said Councel whereby it is to be presumed that he had changed much his life afterward became so wicked a man as here is reported After this the Councel confirmeth the Title of Sissinandus and maketh decrees for the defence thereof but yet insinuateth what points he was bound unto and whereunto he had sworn when they said unto him To quoque p●●aesentem 〈◊〉 Ac juturos aelatum sequentium principes c. We do require you that are our present King and all other our Princes that shall follow hereafter with the humility which is convenient that you be meeke and moderate towards your Subjects and that you govern your people in justice and piety and that none of you do give sentence alone against any man in cause of life and death but with the consent of your publike Councell and with those that be Governours in matters of judgement And against all Kings that are to come we do promulgate this sentence that if any of them shall against the rever●nce of our Lawes exercise cruel authority with proud domination and Kingly Pompe only following their own concupiscence in wickednes that they are condemned by Christ with the sentence of excommunication and have their separation both from him and us to everlasting judgement But in the next two yeares after the end of this Councel King Sissinandus being now dead and one Chintilla made King in his place there were other two Councels gathered in Toled● the first whereof was but Provinciall and the second Nationall and they are named by the names of the fifth and sixt Councels of Toledo Ambros Moral l. 11. cap. 23. 24. In the which Councells according to the manner of the Gothes who being once converted from the Arrian haere●ie were very catholick and devout ever after and governed themselves most by their Clergy and not only matters of Religion were handled but also of State and of the Common Wealth Concil 5. cap. 2 3 4. 5. conc 6. cap. 16. 17 18. especially about the succession to the Crown safety of the Prince provision for his Children friends Officers and favorites after his death and against such as without election or approbation of the Common-Wealth did aspire to the same all these points I say were determined in these Councels and among other points a very s●vere decre● was made in the sixt Councel conc●rning the Kings Oath at his admission in these words Consonan une corde ore promulgamus Deo placituram sententiam Coucil Td. 6. c. 3. We do promulgate with one heart and mouth this sentence agreeable and pleasing unto God and do decree the same with the consent and deliberation of the Nobles and Peeres of this Realme that whosoever in time to come shall be advanced to the honor and preferment of this Kingdom he shall not be placed in the Royall Seat untill among other conditions he hath promised by the Sacrament of an Oath that he will suffer no man to break the Catholick Faith c. By which words especially among other conditions is made evident that those Princes sweare not only to keepe the Faith but also such other conditions of good Government as were touched before in the fourth Councel and these things were determined while their King Chintill● was present in Tolledo as Ambrosio Morales ●oteth Ambros Moral lib. 1. cap. 23. The distruction of Spayne Before the entrance of the Moores and before the dividing thereof into many Kingdoms which happened about ● hundreth yeares after this to wit in the year of our Saviour 713. and 714. But after the Moores had gayned all Spayne and divided it between them into divers Kingdoms Ambros Moral li. 13. c. 1. 2 de la Chron. de Esp● yet God provided that within foure or five yeares the Christians that were left and fled to the Mountaines of Asturias Biscay found a certain young Prince named Don Pelayo of the ancient blood of the Gotish Kings who was also fled thither and miraculously saved from the enemies whom they chose straight wayes to be their King and he began presently the recovery of Spayne and was called first King of Asturias and afterward of Leon and after his successors got to be Kings also of Castilia and then of Toledo and then of Aragon Barcelona Valentia Murcia Cartagena 〈◊〉 Cortuba Granado Siuil Portugall and Nauarra all which were different Kingdoms at that time so made by the Moores And all these Kingdoms were gained againe by little and little in more then 700. yeares space which were lost in lesse then two years and they never came again indeed into one Monarchy as they were under Don Rod●igo their last King that lost the whole untill the yeare of our Lord 158● when Don Philippe King of Spayne re-united again unto that Crown the Kingdom of Portugall which was the last peece that remayned seperated and this was almost 900. yeares after Spayne was first lost But now to our purpose the Chronicler of Spain named Ambrosio Morales doth record in his Chronicle a certain Law written in the Gotish-tongue left since the time of this Don Pelay● the first King after the universal distruction of Spain the title of the Law is this Como se an delevantar Reyen Espùa y como el ha de lurar los fueros Ambros Moral l. 13. c. 2. that is to say how men must make their King in Spain and now he must swear to the priviledges and liberties of that Nation then he putteth the Articles of the Law whereof the first saith thus before all things it is establish●d for a law liberty and priviledge of Spayne that the King is to be placed by voices and consent perpetually and this to the intent that no evill King may enter without consent of the people seeing they are to give to him that which with their blood and labours they have gained of the Moores Lucas Episcop Tuyens in histor Hispan Loudou de molin lib. de hered Thus far goeth this first article which is the more to be marked for that divers and those most ancient Spanish Authors do say that from this Don Pelayo the succession of Kings descended ever by propinquity of blood and yet we see that election was ioyned there withall in expresse termes The second part of the law containeth the manner of ceremonies used in those old dayes at the admission of their Kings which is expressed in these words let the King be chosen aud admitted in the Metropolitan City of this Kingdome or at least wise in some Cathedrall Church and the night before he is exalted let him watch all night in the Church and the next day let him here masse let him offer at Masse a peece of Scarlet and some of his own money and after let him communicate

that her Mother Lady Elenor was their sister daughter to K. Henry the 2. and K. Iohn made this mariage therby to make peace with the French was content to give for her dowry for that he could not tell how to recover them again all those Townes Countries which the said K. Phil. had taken upon the English by this Kings evill Government in Normandy Gascoyn and moreover promise was made that if P. Henry of Spain that was the only brother to the said Lady Blanch should dye without issue as after he did then this Lady should succeed in the Crown of Spain also but yet afterward the State of Spain would not perform this but rather admitted her younger sister Dona Berenguela maryed to the Prince of Leon and excluded both Blanch her son the King S Luis of France against the evident right of succession propinquity of bloud the only reason they yeelded hereof was not to admit strangers to the Crown as Garabay testifieth This hapned then I do note by the way that this Dona Berenguela second daughter of Q. Elenor the English woman was maried as hath bin said to the Prince of Leon had by him Don Fernando the 3. of that name K of Castilia surnamed 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 the yonger of Spain After this again about 60 yeers the Prince of Spain named Don Alonso surnamed de la cerda for that he was borne with a great gristle haire on his breast called cerda in Spanish which Don Alonso was Nephew ●o the King Fernando the Saint marryed with the daughter of S. Lewis K. of France named also Blancha as her grand mother was had by her two sons called Alonso Hernando 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 heire apparent to the crowne yet for that a certain Uncle of theirs named Don Sa●cho younger brother to their father which Don Sancho was surnamed afterward el brav● for his valour and was a great Warrier and more like to manage wel the matters of war then they he was made heir apparent of Spain add hey putb●ck in their Grandfa●hers time and by his and the Realms consent their Father as I have said being dead and this was done at a generall Parliament holden at Segovia in the yeer 1276. and after this Don Sancho was made King in the yeer 1284 the two Princes put into prison but afterward at the suit of their Uncle King Philip the 3 of France they were let out again endued with certain lands so they remain unto this day and of these do come the Dukes of Medina Celi all the rest of the hou●e of Cerda which are of much Nobility in Spain at this time K. Philip that reigneth cometh of Don Sancho the yonger Brother Not long after this again when Don Pedro surnamed the cruel King of Castile was driven cut his bastard brother H 2. set up in his place the Duke of Lancaster John of Gant Gar. l. 15. c. 1. an 1363. having maried Dona Constantia the said King Padroes daughter and heir pretended by succession the said● Crowne of Castile as indeed it appert●ined unto him but yet the State of Spain denyed it flatly and defended it by arms they prevailed against John of Gant as did also the race of H the B●stard against his lawfull brother the race of Don Sancho the uncle against his lawfull nephews that of Dona Berenguela against her elder sister all which races do reign unto this day these three changes of the true line hapned within two ages and in the third and principall discent of the Spanish Kings when this matter of suceession was most assuredly perfectly established yet who will deny but that the Kings of Spain who hold by the latter titles at this day be true lawfull Kings Well one example will I give you more out of the kingdom of Portugal so will I make an end with there countries This king Henry the bastard last named 〈◊〉 Spain had a son that succeeded him in the crown of Spain named Iohn the 1 who marryed the daughter he●r named Dona Beatrix of k Fernando the 1. of Portugal but yet after the death of the said k. Fernando the States of Portugall would never agree to admit him for their King for not subjecting themselvs by that means to the Castilians for that cause they rather took for their king a bastard brother of the said late k. Don Fernando whose name was Dondulan a youth of 20 yeers old who had bin Master of a military order in Portugal named de Avis so they excluded Dona Be●tr●x Q. of Cast l. that was their lawfull heire chose this young man marryed him afterwards to the Lady Philip da●ghter of Iohn of Gaunt D. of Lancaster by h●s first wife Blanch Duches heir of Lancaster in whose right the kings of Portugall their discendents do pretend unto this day a certain interest to the house of Lancaster Hereby we see what an ordinary matter in hath been in Spain Portugall to alter the line of next succession upon any reasonable consideration which they imagned to be for their weal publike and the like we shall find in France and England The eighth Speech AS concerning the state of France although since the entrance of their first king Pharaniond with his Franks out of Germany which was about ●he yeere of Christ 419. they have never had any stranger come to wear their crown which they attribute to their law Salike that forbiddeth women to reign ye among themselves have they changed twise their whole race linage of kings once in the entrance of k. Pepin that put out the line of Pharamond about the yeer 751. again in the promotion of k. Hugo Capetus that put out the line of Pepin in the yeer 983. so as they have had 3 discents races of Kings as well as the Spaniards the first of Pharamond the 2. of Pepin and the 3. of Capetus which endureth to this present if it be not altered now by the exclusion that divers pretend to make of the King of Navar and other Princes of the bloud Royall of the house of Burbon I will here set p●sse the first rank of all of the French Kings for that some men say perhaps that the common wealth and law of succession was not so well setled in those days as it hath been afterward in time of k. Pepin Charles the great and their discendanta● as also for that it were in very deed over edious to examine and peruse all three ranks or kings in France as you will say when you shall see what store I have

of the other two formes of Government also and namely in England all three do enter more or lesse for in that there is one King or Queen it is a Monarchy in that it hath certain Councels which must be heard it participateth of Aristocratia and in that the Commonalty have their voyces and Burgesses in Parliament it taketh part also of Democratia or popular Government All which linitations of the Princes absolute Authority as you see do come from the Common-wealth as having authority above their Princes for their restraint to the good of the Realme From like Authority and for like considerations have come the limitations of other Kings and kingly power in all times and Countries from the beginning both touching themselves and their posterity and successours as briefly in this place I shall declare And first of all if we will consider the two most renowned and allowed States of all the World I mean of the Romans and Grecians we shall finde that both of them began with Kings but yet with farre different Lawes and restraints about their Authorities for in Rome the Kings that succeeded Romulus their first Founder had as great and absolute Authority as ours have now a dayes but yet their children or next in bloud succeeded them not of necessity but new Kings were chosen partly by the Senate and partly by the people as Titus Livius testifieth Livil 1 dec 1. So as of three most excellent Kings that ensued immediatly after Romulus to wit Numa Pompilius Tullius Hostilius and Tarquinius Priscus none of them were of the Bloud Royal nor of kin the one to the other no nor yet Romans borne but chosen rather from among strangers for their vertue and valour and that by election of the Senate and consent of the People In Grecce and namely among the Lacedemonians which was the most eminent Kingdom among others at that time the succession of children after their fathers was more certain but yet Aristotle noteth Arist l. 2. c. 8. Pol. Plutarch in Lycurg Their authority and power was so restrained by certain Officers of the people named Ephori which commonly were five in number as they were not onely checked and chastened by them if occasion served but also deprived and somtimes put to death for which cause the said Philosopher did justly mislike this eminent jurisdiction of the Ephori over their Kings but yet hereby we see what authority the Common-wealth had in this case and what their meaning was in making Lawes restraining their Kings power to wit thereby the more to binde them to do justice which Cicero in his Offices uttereth in these words Justitiae fruendae causa apud majores nostros in Asia in Europa bene morati Reges olim sunt constiti c. at cum jus aquabile ab 〈◊〉 viro homines non consequerentur inventae sunt leges Cic. l. 2. Offic. Good Kings were appointed in old time among our Ancestours in Asia and Europe to the end thereby to obtain justice but when men could not obtain equal justice at one mans hands they invented Lawes The same reason yeildeth the same Philosopher in another place not onely of the first institution of Kingdomes but also of the change thereof again into other Government when these were abused Omnes antiquae gentes regibus quondam paruerunt c. Cic. l. 3. de legibus That is All old Nations did live under Kingdomes at the beginning which kinde of Government first they gave unto the most just and wisest men which they could finde and also after for love of them they gave the same to their posterity or next in kin as now also it remaineth where kingly Government is in use but other Countries which liked not that forme of Government and have shaken it off have done it not that they will not be under any but for that they will not be ever under one onely Thus far Cicero and speaketh this principally in defence of his own Common-wealth I mean the Roman which had cast off that kinde of Government as before hath been said for the offence they had taken against certain Kings of theirs and first of all against Romulus himselfe their first Founder for reigning at his pleasure without law as Titus Livius testifieth for which cause the Senatours at length slew him and cut him in small pieces And afterwards they were greatly grieved at the entring of Scrvius Tullius their sixth King for that he gat the Crown by fraud and not by Election of the Senate and special approbation of the people as he should have done but most of all they were exasperated by the proceeding of their seventh King named Lucius Tarquinius sirnamed the proud who for that he neglected the Lawes of Government prescribed to him by the Common-wealth 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 for that he appointed to himselfe 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 two hundred yeares that the other had endured And thus much of those Kingdomes of Italy and Greece and if likewise we will look upon other Kingdomes of Europe we shall see the very same to wit that every Kingdom and Countrey hath his particular Lawes prescribed to their Kings by the Common wealth both for their Government Authority and Succession in the same for if we behold the Roman Empire it selfe as it is at this day annexed to the German Electours though it be first in Dignity among Christian Princes yet shall we see it so restrained by particular Lawes as the Emperour can do much lesse in his State 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 all the States of the German Die● 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 onely by free Election if they shall be thought worthy nay one of the chiefest points that the Emperour must swear at his entrance as Sleydan writeth Sleydan l. 8. Anno 1532. is this That he shall never go about to make the Dignity of the Emperour peculiar or bereditary to his Family but leave it unto the seven Electours free in their power to chuse his Successour according to the Law made by the Pope ●regory the fifth and the Emperour Charles the fourth in this behalfe Blond Dicad 2. l. 3. Crant l. c. 25. The Kingdomes of Poloma and Bohemia do go much after the same fashion both for their restrant of power and succession to their Kings For first touching their

of all that priority and propinquitie of blood in succession is greatly to be honored regarded and preferred in all affairs of digni●ie and principallity which is the second point are we not so absolutly and peremptorily bound thereunto alwaies but that upon iust and urgent occasions that Course may be altered and broken Which licence or liberty is indeed the only or at least wise the most principall remedy for such inconveniences as before I shewed to be farr lesse and fewer then are wont to follow of bare election alone yet did I confesse also that some did or might fall out as namely that the person who by sucession of blood is next may be unable or un●it or pernicious to governe in which cases the remedy is as before hath been declared hitherto helpe and assist him by lawe directions and wise councells if he be capable thereunto or else to remove him and take in another of the same blood royal though further of in degre or propinquity in his place And this is and hath ben the Custom practice of all Kingdoms and Commonwealths from the begining since succession hath ben established among them and by this means we come to remedy the difficulties and inconveniences of both kinds of making our Kings Princes which are election and succession for by succession we do remedy the inconveniences and dangers before mentioned of bare electiō to wit of strife banding ambition the like and by this other mean of adding also election consent and approbation of the Realme to succession we remedy the inconveniences of bare succession alone which inconveniences are principally that some un●pt impotent or evill Prince may be offered some times to enter by periority of blood whereof the Realme may deliver it selfe by this other meanes of not admitting him so as election by succession and succession again by election is salved and the one made a preservative and treacle to the other and this is the wisdom and high policy left by God and nature to every Common-Wealth for their own conservation and maintenance and every man that is of reason and iudgment and void of passion will not onely allow but also highly commend the same Now then to answer in particular to the two questions 1 what is to be attributed to succession alone and secondly what interest a Prince hath thereby to any Crowne before he be Crowned or admitted by the common wealth To the first I say that to succession alone or priority of blood only great honour reverence and ●espect ought to be borne ●s before hath been declared for that it is the principall circumstance and condition which leadeth us to the next succession of the Crown infalibly and without a strife if his propinquity be cleare and evident and that other nec●ssary circumstances and conditions do concur 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 2. poin●s were ordained by the Common-Wealth to wit that the elder and first in blood should succ●ed and that he should be such a person as can and will govern to the publike weale of al. To the second question I answer that an heyre apparent to a Crown before his Cor●nation 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 Cesar hath to the Germain empyre after his election and before he be crowned or to use a more familiar example to Englishmen as the Mayor of London hath to the majoralty 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 not his jurisdiction before his Oath and admission nor the other is properly Emperour before he be crowned so is not an heyre apparent truly King though his Predecessour be dead and he next in succession untill he be crowned or admitted to the Common-Wealth Another example is there in Mariage also whereby our matter is made more playn for in this contract go both the betrothing and actuall joyning together of the parties in wedlock the first is done by words de futuro or for the time to come and is not properly Mariage but espousal only the other is by words depresenti 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 Heyre apparent and of a Crowned King for that the Heyre apparent by propinquity of blood is only espoused or be●rothed to the Common-Wealth for the time to come and is married afterwards by present mutuall consent of both parties in the contract and knitting up of the matter as his Coronation by the Oathes 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 heyre apparent which before was but espouse is made now the true King and husband of the Common-Wealth which before he was not by only succession but only a betrothed spouse or designed King Wherefore it followeth also that the Common-Wealth oweth no allegeance or subjection unto the heyre apparent in rigour of Justice untill he be crowned or admitted though his Predecessour be dead for that in very deed untill that time he is not their true King and Soveraign though for better keeping of order and avoyding of Tumul●● all Common-Wealths lightly that have their Princes by succession have ordayned in these latter ages that from the death of the former Princes all ma●ters of government shall passe in the name of his next successor if his succession be cleare and this as I say for avoyding of garboyles and under supposall of confirmation and approbation afterward of the Common-Wealth at his Coronation for which cause also and for better accompt of yeares it was ordained that the begining of the successors reigne 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 Girard Secretary and Chronicler of France doth wisely note in his third book of the estate and affaires of France Girard die Haillan l. 3. del estate pag. 241. to wit that Kings in old time were wont to accompt the yeares of their reignes from the day only of their anointing and Coronation This point also that heyres apparent are not true Kings untill their Coronation how just soever their title of succession otherwise be and though their Predecessours 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

crown of whose election Morales writeth these words Muerto el Rey Don Alonso el casto fue eligido por los perlados grandes del reyno l Rey Don Ramiro primero deste nombre hyo del Rey Don vermudo el diacono Mor. c. 11. That is the K. Don Alonso the chaste being dead there was chosen K. by the Prelats Nobility of the Realm Don Ramiro the first of this name Son of K Vermudo the Deacon who resigned his crown to Don Alonso and it is to be noted th●t albeit this Don Ram●ro was next in bloud to the succession after the death of his uncle Don Alonso without children yet was hee chosen by the States as here it is said in expresse words Moreover it is to be noted that albeit this Author Ambrosio Morales other Spanish Writers do say that in the time of this K Ramiro the law of succession by propinquity in blond was so revived strongly confirmed that as the kingdom of Spain was made as Majorasgo as he termeth it which is an inheritance so intailed and tyed only to the next bloud as there is no possibility ●o alter the same and that from this time forward the King always caused his eldest Son to be named King or Prince so ever to be sworn by the Realm and Nobility yet shall we find this Ordinance and succession oftentimes to have been broken upon severall considerations as this Author himself in that very chapter confesseth As for example after four discents from this man which were Don Ordonio the 1. this mans Son and Don Alonso the 3. Don Garzia and Don Ordonio the second all four Kings by orderly succession it hapned that in the yeer of Christ 924. Don Ordonio the second dying left four Sons and one daughter lawfully begotten and yet the State of Spain displaced them all and gave the kingdom to their Uncle Don Fruela second brother to their Father Don Ordonio and Morales saith Mor. l. 16. cap. 1. an 924. ●hat there appeareth no other reason hereof but only for that these Sons of the King deceased were young and not so apt to govern well the Realm as their uncle was But after a yeers Reign this King Fruela dyed also left divers children at mans estate then did the Spaniards as much against them as they had done for him before against the children of his elder brother For they put them all by the crown and chose for their King Don Alonso the 4 which was eldest Son to Don Ordonio the 2. be●ore named that had been last King saving one and this man also I mean Don Alonso the 4 leaving afterward his Kingdom betaking himself to a religious habit offered to the Common●welth of Spain his eldest Son lawfully begotten named Don Ordonio to be their King but they refused him and tooke his Brother I meane this Kings Brother Uncle to the young Prince named Don Ramiro Moral lib. 19. cap. 20. An. 930. who reigned 19 yeers was a most excellent King gained Madrid from the Moors though noted of cruelty for imprisoning and pulling out the eyes afterward of this King Don Alonso the 4. and all his children nephewes for that hee would have left his habit returned to be King again But this fact my au●hor Morales excuseth saying that it was requisit for pcace safety of the Realm so as here you see two manifest alterations of lineal succession together by order of the Common-welth Furthermore after this noble King Don Ramiro the 2. succeeded as heire apparent to the Crown his elder Son Don Ordonio the 3. of his name in the yeer of our Savior 950. but this succession endured no longer then unto his own death which was after 7 yeers for then albeit he left a Son named el enfante Don Vermudo yet he was not admitted but rather his brother Don Sancho the first of his name surnamed el Gordo who was Uncle to the young Prince and the reason of this alteration Morales giveth in these words el succeder en el regno al hermano fue por la racon ordinaria de ser el enfante Don Vermudo nino y no bastante para ●l goviernoy difenca de la terra Mor. l. 16. c. 29. An. 950. which is the cause why the Kings brother not his Son succeeded in the Crown was for the ordinary reason so often before alledged for that the Infant or young Prince Vermudo was a litle child not sufficient for Government and defence of the Country Truth it is that after this Don Sancho had reigned his son heir named Don Ramiro the 3. after him for the space of 30. yeers in all Mor. l. 17. c. 1 2 3 4. Then was this youth Don Vermudo that is now put back called by the relm to the succession of the Crown made King by the name of King Vermudo the 2. who left after him Don Alonso the 5. he again his Son Don Vermudo the 3. who marying his sister Dona Sancha that was his heir unto Don Fernando first Earle then King of Castile who was second Son to Don Sancho Mayor K ing of Navarras before hath been said he j●yned by these means the Kingdoms of Leon Castile together which were separate before so ended the line of Don Pelayo first Christ●n King of Spain after the entrance of the Moors which had endured now 300. yeers the bloud of Navar entred as you see so continued therein untill the entrance of ●●ose of Au●tria as before hath been said which was almost 500. yeers together And thus much I thought good to note out of the stories of Spain for this first discent of the Spanish Kings after the entrance of the Moors neither mean I to passe much further both for that it would be over long as also for that mine Author Morales who is the most diligent that hath written the Chronicles of that Nation endeth here his story with King Vermudo the 3. last of the Gotish 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 story weereof for examples sake only I will name 2 or 3 among the rest And first about the yeer of Christ 1021. there was a marriage made by K Iohn of England for Dona Blancha his Neece that is to say the daughter of his sister Dame El●nor of Don Alonso the 9. of that name King Queen of Spain which Blancha was to marry the Prince of France named Luis son heir to K. Philip surnamed Augustus which Luis was afterward K. of France by the name of Luis the 8. was Father to Luis the 9. surnamed the Saint Car. lib. 11. c. 12. This Lady Blancha was Neece as I have said unto K. Iohn to K. Richard the ● of England for