heads For which cause the States of Venice and Genoa which were wont to have simply this Government of Aristocratia were inforced in the end to chuse Dukes The Division and Factions among the Senators of Carthage was the cause why Aid was not sent to Hannibal their Captain in Italie after his so great and important Victorie at Canna which was the very cause of the saving of the Romane Empire and the loss of their own As also afterwards the Emulations and Discord of the Romane Senators in the Affairs and Contentions of Marius and Sylla and of Pompey and Caesar was the occasion of all their Destruction and of their Common-wealth with them Why Helps are given to Kings Therefore it appeareth that of all other Governments Monarchie is the best But for that a King is a Man as others be and thereby not only subject to Errors in Judgment but also to passionate Affections in his Will It was necessarie That the Common-wealth should assign him the best Helps that might be for Directing and Rectifying both his Will and Judgment Lawes the first Help why given The first Help is the Law which Aristotle saith Est mens quaedam nullo perturbata affectu and in the same place addeth That he which joyneth a Law to Govern with the Prince joyneth God to the Prince but he that joyneth to the Prince his Affection to Govern joyneth a Beast So that a Prince Ruling by Law is more than a man or a man Deified and a Prince Ruling by Affections is less than a man or a man Brutified In another place also the same Philosopher saith That a Prince that Ruleth hemself and others by his own Appetite and Affections of all Creatures is the worst and of all Beasts is the most furious and dangerous for that nothing is so outragious as Injustice armed and no Armor is so strong as Wit and Authority Councils the second Help why given The Monarchie of ENGLAND tempered The second Help that Common-wealths do assign to their Kings and Princes be certain Councils as we see the Parlament of England and France the Courts in Spain and Diets in Germanie without which no matter of great Moment can be concluded And besides this commonly every King hath his Privie Council whom he is bound to hear and this was done to temper somwhat the absolute Form of a Monarchie whose danger is by reason of his sole Authoritie to fall into Tyrannie as Aristotle noteth In the Monarchie of England all the Three Forms of Government do enter more or less In that there is one King or Queen it is a Monarchie In that it hath certain Councils which must be heard it participateth of Aristocratia And in that the Commonaltie have their Voices and Burgesses in Parlament it taketh part also of Democratia All which limitations come from the Common-wealth as having Authoritie above their Princes for the good of the Realm Restraint of Kings among the Romans Why Kinglie Government left in Rome This Restraint hath been in all Times and Countries as for example The Romans that began with Kings gave their Kings as great and absolute Authoritie as ours have now adaies but yet their next in Blood Succeeded them not of necessitie but new Kings were Chosen partlie by the Senate and partlie by the People So as of Three * most excellent Kings that ensued immediatelie after Romulus none were of the Blood nor yet Romans born but rather Strangers Chosen for their Virtue and Valor So for the neglecting of their Laws the Senators slew Romulus their first King and cut him in pieces and for the same reason expelled Tarquinius Superbus their last and all his Posteritie and with them the Name and Government of Kings which was changed in the Regiment of Consuls Restraint of Kings among the Grecians In Greece and namely among the Lacedemonians their Kings Authoritie was so restrained by certain Officers of the People called Ephori which commonly were five in number as they were not only chastened by them but also Deprived and somtimes put to death Restraint of Kings in Christendom In Germanie The Emperor 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 Germane Dyet or Parlament And for his Children or next in Kinn they have no action interest or pretence to Succeed but only by free Election if they shall be thought worthie Nay one of the chiefest Points that the Emperor must Swear at his entrance is this That he shall never go about to make the Dignitie of the Emperor Peculiar or Hereditarie to his Familie but leave it unto the Seven Electors free in their power to Chuse his Successor according to the Law made by the Pope Gregory the Fift and the Emperor Charles the Fourth in this behalf In Polonia and Bohemia The Kings of Polonia and Bohemia can neither do any thing of great Moment without the consent of certain principal men called Palatines or Castellans neither may their Children of next Blood Succeed except they be Chosen as in the Empire In Spain France and England In Spain France and England the Privileges of Kings are far more eminent both in the Power and Succession for their Authoritie is much more absolute and their next in Blood do ordinarily Succeed for as touching Authoritie it seemeth that the Kings of France and Spain have greater than the King of England for that everie Ordination of these Two Kings is Law in it self without further Approbation of the Common-wealth which holdeth not in England where no general Law can be made without Consent of Parlament But in the other Point of Succession the restraint is far greater in those other Two Countries than in England For in Spain the next in Blood cannot Succeed be he never so lawfully Discended but by a new Approbation of the Nobilitie Bishops and States of the Realm as it is expresly set down in the Two ancient Councils of Toledo the Fourth and Fifth Nor can the King of Spain's own Son at this day be called Prince except he be first Sworn by the said Nobilitie and Estates as we have seen it practiced in the King Philip's Children In France Women neither any of their Issue though Male are admitted to Succeed in the Crown And therefore was Edward 3d. of England though Son and Heir unto a Daughter of France which was left by her Three Brethren Sole Heir to King Phillip * the fair her Father put by the Crown As also was the King of Navar at the same time Son and Heir unto this Womans eldest Brothers Daughter named Lewis Huttin notwithstanding all their allegations And Philip de Valois a Brothers Son of Philip the fair's preferred to it by General Decree of the States of France and by Verdict of the whole Parlament of Paris And albeit the Law Salica
the Order holdeth the Crown The Duke of Gasconie and Guyenne the First Banner quartered The Duke of Normandie the Second Banner quartered The Earle of Tholosa the Golden Spurs The Earle of Champanie the Banner Royal or Standard of War The Earle of Flanders the Sword Royal. And this day the King is apparrelled three times and in several sorts 1. As a Priest 2. As a King and a Warrier 3. As a Judge Philip 2d This day Lewis specially for the Coronation of his Son Philip Agustus whom he caused also to be Crowned in his dayes In this Coronation whereunto Henry 2. of England as Duke of Normandie who held the Crown and one of his Sons as Duke of Gasconie were present the King being summoned by the Archbishop to keep all Priviledges of the Church Law and Justice answered I do promise and avow to every one of you and to every Church to you committed That I will keep and maintain all Canonical priviledges law and justice due to every man to the uttermost of my power and by God's help shall defend you as a good King is bound to do in his Realm And then laying his hands upon the Gospel made his Oath in these words Au nom de Jesus Christ re jure promets au peuple Chrestien à moy Subject ces choses c. First that all my subjects be kept in the union of the Church and I will defend them from all excess rapine extortion and iniquitie Secondly I will take order that in all judgments justice shall be kept with equitie and mercie to the end that God of his mercy may conserve unto me with yo◠my people his holy grace and mercie Thirdly I shall endeavor as much as possibly shall lie in me To chase and drive out of my Realm and all my Dominions all such as the Church hath or shall declare for Hereticks as God shall help me and his holy Gospels Then he kissed the Gospels and after Te Deum sung and other particular Prayers said by the Archbishop he was Vested and the Ring Scepter Crown c. were put upon him with declaration what they signified After all that the Archbishop and Bishops did bless him and then by the said Archbishop and the other Peers was led unto the Seat Royal where the Crown was put upon his head c. France Author of this manner of Coronation Albeit the substance of the Ceremonie of Sacring and Anointing Kings be much elder than the Christian Kingdom of France yet is this particular and Majestical manner of doing it by way of Coronation the most antient in France above all other Kingdoms round about And it is probable that most of them have taken their forms of anointing and Crowning from her for the affinitie and likeness of the one to the other as may be seen by that of Germanie and Polonia before recited by that of Navarra brought in by certain Earles of Champanie according to the use of France and others But among all England seemeth to have taken it most particularly from them not only for that divers English Kings have come out of France but also for that in very deed the thing it self is all one in both Nations The Manner of Admission in England First As the Archbishop of Rheims doth this Ceremony in France so in England the Archbishop of Canterbury And the first thing the said Archbishop requireth at the King's hands is about Religion Church matters and the Clergie whereupon the King sweareth and giveth up his Oath in writing which he laieth down with his own hands upon the Altar the words are these That he will during his life have reverence and honor unto almightie God and to his Catholick Church and unto his Ministers and that he will administer Law and Justice equally to all and take away all unjust Laws Which after he hath sworn the Archbishop turning about to the People declareth what the King hath promised and asketh Whether they be content to submit themselves unto this man as unto their King or no under the Conditions proposed Whereunto having yielded he put's upon him the Royal Ornaments as the Sword the Ring the Scepter and Crown and namely he giveth him the Scepter of St. Edward the Confessor and then addeth this exhortation Stand and hold thy place and Keep thy Oath with a great commination on the behalf of almightie God if he taketh the place and breaketh his Oath Henry 4th In the admission of Henry 4. the People were demanded thrice Whether they were content to admit him for their King And the Archbishop of Canterbury having read unto them what this new King was bound by Oath unto he took the Ring wherewith to wedd him to the Common-wealth which wedding importeth a mutual Obligation which was shewed to the People by the High Constable and then put upon the King's finger who kissed the Constable in sign of acceptance c. Edward 4th Edw. 6th Mary Elisab In the admission of Edward 4th the Peoples Consent was asked at two several times very solemnly notwithstanding that he had proved his Title by Succession before in Parliament And in the Coronation of Edward 6. Queen Mary and Queen Elisabeth's the Peoples consent and their acceptation was not only demanded but the Princes corporal oath also taken upon the Evangelists What is due to only Succession by Birth and what interest or right an Heir apparent hath to the Crown before he be Crowned or Admitted by the Common-wealth and how justly he may be put back if he have not the other parts requisite also CAP. VI Belloy's Assertions upon this Matter Assertion First BElloy's Assertions about this matter are plain and gross flatteries and opposite to all reason of State and practise of the World First he saith That all Families which enjoy Kingdoms in the world were placed therein by God only and that he alone can change the same Which indeed if he refer unto God's universal providence it is true that all is from God either by his Ordinance or permission but speaking of the next and immediate causes clear it is that men do also concur therein and that God hath left them lawful authoritie so to do for the publick benefit Assertion Second His Second Assertion is That where such Princes be once placed in Government and the Law of Succession by Birth established there the Princes Children or next of Kinn do necessarily succeed by only Birth without any new choice or approbation of the People Nobilitie or Clergie or of the whole Common-wealth together Assertion Third Whereunto he joyneth That a King never dieth for that whensoever or howsoever he ceaseth by any means to Govern then entereth the Successor by Birth not as Heir to the former but as lawful Governor of the Realm without any admission at all having his authoritie only by the condition of his Birth and not by adoption or choice of any
Assertion Fourth The Fourth which hath been touched before is That a Prince once entered to Government and so placed as hath been said is under no Law or Restraint at all of his authoritie but that himself only is the quiek and living Law and that no limitation can be given unto him by any power under heaven except it be by his own will and that no Nation or Common-wealth can appoint or prescribe how they will Obey or how their Prince shall Govern them but must leave his authoritie free from all bands of Law and this either willingly or by violence is to be procured Assertion Fifth The Fifth That albeit the Heir apparent which is next by Birth to any Crown should be never so impotent or unfit to Govern as if for examples sake he should be deprived of his Senses Madd Furious Lunatick a Fool or the like or that he should be known on the other side to be most Malicious Wicked Vitious or abhominable or should degenerate into a very Beast yea if it were known that he should go about to destroy the Common-wealth and drown the Ship which he had to guide yet saith this man he must be Sacred and Holie unto us and admitted without contradiction to his inheritance which God and Nature hath laid upon him and his direction restraint or punishment must only be remitted to God alone for that no man or Common-wealth may reform or restrain him Succession by Birth better than meer Election Indeed Succession is much to be preferred to Election for that as hath been shewed before of the Government of a Monarchie in respect of other Forms Succession hath commonly far fewer and lesser inconveniences Reason First First Election is subject to great and continual dangers of Ambition Emulation Division Sedition and Contention which bring with them evident peril of universal destruction whereas by Succession these occasions of strife are cut off Reason Second Besides The Prince is in present possession knowing that his Son or next of Kinn is to be his Heir hath more care to leave the Realm in good order Reason Third Succession also bringeth less Mutations in the Common-wealth for that the Son following his Father doth commonly retain the same Friends Counsellors and Servants pursueth the same actions and intentions and for the most part with the same manner whereas he which entereth by Election being an Alien and never likely friend to his predecessor doth alter and turn up-side-down all things Reason Fourth Fourthly He that cometh by Succession having been much respected still for his Title to the Crown bringeth with him less Passions of Hatred Emulation Anger Envie or Revenge against particular men than he that entreth by Election who having been equal to others before his advancement and holden contention with many must needs have matter of quarrel with them which he will seek to revenge when he is in authoritie and they on the other side will bear him less respect and more unwillingly be under him Reason Fifth Whereunto may be added the preeminence and priviledge of Premogeniture and ancestrie of Birth so much respected and commanded by holy writ so that although Jacob were ordained by God to inherit the Benediction yet would God have him to procure the said Priviledge of Eldership from Esau his elder Brother Wherein may also be noted That yet this priviledg is not so inviolable but that upon just causes it may be broken and so in matters of State it was often practiced by God himself as when Juda the 4th Tribe and not Ruben the first was appointed to enjoy the Scepter of the Jews and when Solomon tenth Son of David was appointed to be his Successor not his first or second Election and Succession do help one another And so where in Succession there are inconveniencies as some be or may fall the remedie is First to assist the Prince with Directions and wise Counsel if he be capable thereunto if not to remove him and take in another of the same Blood in his place And by this means Election and Succession do help and moderate one another and remedie one anothers inconveniencies Answer to the first Question propounded at the beginning Now to the first Question made at the beginning of this Chapter What is due to Succession or Prioritie of Blood alone Great honor and respect is to be born unto the same for that it is the principal Condition that leadeth infallibly to the next Succession of the Crown If in the same Person do concur also other necessary circumstances and conditions which were appointed at the same time and by the same authoritie that the Law of Succession was established Answer to the Second To the Second What Interest an Heir apparent hath to the Crown before he be Crowned If he have the Conditions before required he hath the same Interest to the Kingdom which the King of the Romans or Caesar hath to the Germane Empire after his Election who yet is not Emperor before he be Crowned Or as in a Contract of Marriage there is Betrothing made between the parties by words de futuro and is not properly Marriage but espousal only and the Wedding made by words de praesenti or by mutual present consent of both Parties So an Heir apparent before he be Crowned and admitted is but Betrothed to the Common wealth for the time to come and is married afterwards by present mutual Consent and Oaths of both Parties What Respect is due to an Heir Apparent Wherefore the Common-wealth in rigor of Justice oweth no Alleageance to the Heir apparent though his Predecessor be dead until he be Crowned because indeed till then he is not their true King and Sovereign els it were in vain to ask the Realm again three times at their Coronation Whether they will have such a King or no And in the old time they were accustomed to reckon the years of their reign only from the day of their Coronation But in the latter ages for avoiding of Tumults and better keeping of Order it hath been ordained That from the death of the former Princes all matters of Government shall pass in the Name of his next Successor And for better accompt of years That the beginning of his Reign should be reckoned from the day of the Death of his Predecessor A Rare Example of HENRY the Fifth who had Fealtie done unto Him before He was Crowned Again By that in all Countries the Subjects take their Oaths only after the Princes hath Sworn it appeareth that before they were not bound unto him by Alleageance And for the Princes of England it is expresly noted by English Historiographers That no Allegeance is due unto them before they be Crowned and that this Priviledge happened only to Henry the Fifth for his exceeding towardliness and for the great affection of the People towards him to have Homage done unto him before his Coronation and Oath taken Which
Parlament Holden at Segovia 1276. made Heir apparent of Spain and they put back in their Grand-father's time and by his and the Realms consent And this Don Sancho coming to the Crown in the year 1284. the two Princes were put in Prison but afterwards at the suit of Philip 3. of France their Uncle they were let out and endued with certain Lands and also they remain unto this day And of these do come the Dukes of Medina Celi and all the rest of the House of Cerda which are of much Nobilitie in Spain at this time and King Philip that Reigneth cometh of Don Sancho the yonger Brother Henry the Bastard and his Race to the prejudice of King Petro and his Heirs When Don Pedro the Cruel King of Castile was driven and his Bastard Brother Henry 2. set up in his place John of Gant Duke of Lancaster having Married Dona Constancia the said King Peter's Daughter and Heir pretended by succession the said Crown of Castile as indeed it appertained unto him But yet the State of Spain denied it flatly and defended it by Arms and prevailed against John of Gand as did also the Race of Henry the Bastard against his lawful Brother And though in this Third and principal Discent of the Kings of Spain when these Changes happened the matter of Succession were most assuredly and perfectly established yet no man will deny but that the Kings of Spain who hold by the latter Titles at this day be true and lawful Kings This King Henry the Bastard had a Son named John the first who succeeded him in the Crown of Spain and Married Dona Beatrix Daughter and Heir of King Ferdinando the first of Portugal But yet after the death of the said Ferdinando the States of Portugal would never agree to admit the said Juan for their King for not subjecting themselves by that means to the Castilians And took rather a Bastard Brother of the said Don Ferdinando named Don Juan a youth of twenty years old whom they Married afterward to the Lady Philippe Daughter of John of Gand by his first Wife Blancha Duchess and Heir of Lancaster in whose Right the Kings of Portugal and their Discendents do pretend unto this day a certain interest to the House of Lancaster Divers other Examples out of the States of France and England for proof that the next in Blood are somtimes put back from succession And how God hath approved the same with good success CAP. VIII Though the Crown of France never come to any Stranger yet it Changed twice in it self and had Three Rancks COncerning the State of France albeit since the entrance of their first King Pharamond they have never had any stranger come to wear their Crown yet among themselves have they changed twice their whole Lineage of Kings and have had three Discents and Races as well as the Spaniards The first of Pharamond the second of Pepin and the third of Capitus which endureth unto this present The First Ranck The First Ranck shall be let pass for that some perhaps may say that the Common-wealth and Law of Succession was not then so well setled as it hath been since and also because it were too tedious to peruse all the Three Rancks for the store that they may yield Examples of the second Ranck Carloman against the Law of Succession and the Order of his Father parted equally the Realm with his elder Brother Charles Pepin le Bref first King of the second Race left two Sons Charles and Carloman and his States and Kingdoms by Succession unto the eldest Charles the Great And albeit by that Law of Succession the whole Kingdom of France appertained unto him alone yet the Realm by his authoritie did part it equally between them two as Gerard du Haillan setteth down in these words Estant Pepin decedé les François eslurent Roy Charles Carloman ses fils à la charge qu'ils partagerrient entr'evor egalement le Roy And the very same citeth Belforest out of Egenart an ancient French Writer Charlemayne preferred to his nephews against succession After three years reign Carloman dying left many sons the elder whereof was named Adalgise but Belforest saith That the Lords Ecclesiastical and temporal of France swore fidelitie and obedience to Charles without any respect or regard at all of the children of Carloman who yet by right of succession should have been preferred And Paulus Emilius a Latine-writer saith Proceres regni ad Carolum ultrà venientes regem eum totius Galliae salutârunt whereby is shewed that exclusion of the children of Carloman was not by force or tyrannie but by free deliberation of the Realm Lewis 1. deposed Charles le Chauve his fourth son admitted to the prejudice of his elder brothers To Charles the Great succeeded Lewis le Debonnaire his only son who afterward at the pursuit principally of his own three sons by his first wife Lothaire Pepin and Lewis was deposed and put into a Monasterie But coming afterward to reign again his fourth son by his second wife named Charles le Chauve succeeded him against the right of succession due to his elder brother Lothaire Louys 2. to the prejudice of his elder brethren and his bastards to the prejudice of his lawful sons After Charles le Chauve came in Louis le Begue his third son the second beeing dead and the eldest for his evil demeanure put by his succession This Lewis left by his wife Adel trude daughter to King Alfred of England a little infant newly born and two bastard-sons of a Concubine Louys * and Carloman who for that the nobles of France said That they had need of a man to bee King and not a childe were to the prejudice of the lawful successor by the State chosen jointly for Kings and the whole Realm was divided between them And Q. Adeltrude with her childe fled into England Charles 4. to the prejudice of Louys 5. And Odo to the prejudice of Charles 4. Of these two Bastards Carloman left a son Louis le Faineant which succeded unto him But for his slothful life and vicious behaviour was deprived and made a Monk in the Abbey of St Denis where hee died And in his place was chosen for King of France Charles le * Gros Emperor of Rome who likewise afterward was for his evil government by them deposed and deprived not onely of the Kingdom but also of his Empire and was brought into such miserable penurie as divers write hee perished for want In his place was chosen Odo Earl of Paris and Duke of Angers of whom came Hugh Capet Charles the simple to the prejudice of Odo But beeing soon wearie of this man's government they deposed him as hee was absent in Gasconie and called Charles * named afterward the Simple out of England to Paris and restored him to the Kingdom of France leaving onely
preferred for the elder brother cannot give or transmit that thing to his Son which is not in himself before his Father die nor can his son represent what the Father never had The Common-Law dealeth not with the Point of Succession to the Crown Touching the Common Law the right and interest to the Crown is not expresly decided in it nor is it a Plea subject to the rules thereof but superior and more eminent nor are the Maxims thereof alwayes of force in this as in others As in the case of Dower Copercenars and Tenancie by the courtesie No more ought they to be in this case of inheritance as by the former eight Presidents hath been shewed The Common Lawyers then refer this point of the Crown to Custom nothing being in effect written by them touching it Only the best of our old ones favored that title of Lancaster and Chancelor Fortescue and Sir Tho. Thorope chief Baron of the Exchequer in Henry 6. his time were much afflicted for it by the contrary faction The Princes of York often Attainted The Princes of York forfeited their Right by their Conspiracies and Attainder thereupon as R. Earle of Cambridge put to death therefore by the Judgment of his Peers his elder brother the Duke of York being one of the Jury that condemned him His son Richard Duke of York was also attainted of treason after many oaths to Henry 6. sworn and broken by him and his son Ed. 4. with the rest of his off-spring to the ninth degree at a Parlament at Coventry Anno 1459. But the House of Lancaster was never attainted of any such crime The Hous of York came to the Crown by Violence and Crueltie Edward 4. entred by violence wilfully murthering besides divers of the Nobilitie Henry 6. a good and holy King and his son Prince Edward dispossessing the Hous that had held the Crown about 60 years together in which time their Title had been confirmed by many Parlaments Oaths Approbations and publick Acts of the Common-wealth and the consent of all forreign Nations All which had been enough to have autorized a bad Title Those of Lancaster better Princes than those of York The 4 Henries of the hous of Lancaster were far more worthie Princes then the 4 Princes of the Houses of York as Edw. 4. Rich. 3. Hen. 8. Edw. 6. And if the affairs of any the former especially the 3d succeeded not the chief caus thereof was the sedition rebellion and troubles raised by those of York and their contention against the Princes of the Houses of Lancaster The Cruelty of the Princes of York one to the other The Princes of York have not been onely cruel to their enemies but to themselvs too embrewing their hands in their own blood Then when they had ruined th'other George Duke of Clarence conspired against Edw. 4. his own brother with whom reconciled Edw. caused him afterwards to bee murthered at Calis Rich. 3. murthered his two young Nephews and Henry 8. a great number of that Hous as Edmund de la Poole his Cousin German Henry Duke of Buckingham his great Ant 's son extinguishing that and ruining this familie Also Henry Courtney Marquis of Exceter his own Cousin german the Ladie Margaret Countess of Salisbury and daughter to George D. of Clarence and her son the L. Montague c. The kindness of the Princes of Lancaster But the Love Union Confidence Faithfulness Kindeness and Loialtie of the Princes of Lancaster towards th'other was very notable as in the 2 brothers of Henry 4 and the 3 brothers of Henry 5. and in five or six Dukes of Somerset their near Cosens which argueth both a marvellous confidence those Princes had in that quarrel and a great blessing of God unto the whole familie that agree'd so well The Successes of such noble Houses as followed either partie Another blessing seemeth to bee bestowed on them That no antient great Houses are remaining at this day in England but such as chiefly took their parts as Arundel Oxford Northumberland Westmerland and Shrewsbury whereas the chief partakers of the other Faction are all destroied as Mowbray Duke of Norfolk De la Poole Duke of Suffolk th' Earl of Salisbury th' Earl of Warwick and many others CAP. III. Examination of the Title of the Hous of Scotland Sect. 28. Allegations for the K. of Scots 1. THat hee is descended of the eldest daughter of Henry 7. without bastardie or other lawful impediment and therefore hath the right of prioritie 2. The benefit would accrew unto the Common-wealth by the uniting of England and Scotland a point long sought for 3. The establishing of true Religion in England Hee is not of the Hous of Lancaster but rather of York Hee is not descended truly of the Hous of Lancaster becaus not of the Ladie Blanch the true heir thereof but of Kathathine Swinford whose children were unlawfully begotten though afterwards legitimated by Parlament so that his best Title is by York inferior to that of Lancaster and therefore is to com in after them of that Hous Forrein birth not just impediment in Succession to the Crown of England Hee is Forrein born and therefore excluded by the Laws of England from inheriting within the land Answ 1. This Assertion in an universal sens is fals for a stranger may purchase and inherit by the right of his wife 7 9 Edw. 4. 11 14 Henrie 7. 2. The Statute of 25 Edw. 3. is to bee restrained unto proper inheritance onely viz. That no person born out of the Allegiance of England whose father and mother were not of the same Allegiance at the time of his birth shall not demand inheritance within the same Allegiance 3. This Statute toucheth not the Crown nor any except express mention bee made thereof 4. The Crown cannot properly bee called an inheritance of Allegiance or within Allegiance beeing held immediately from God 5. The Statute meaneth inheritance by descent onely but the Crown is a thing incorporate and therefore goeth as by Succession Now if a Prior Dean c. or other head incorparate though an alien may inherit or demand Lands in England notwithstanding the Statute much more may the Inheritor to the Crown 6. Express exception is made in the Statues of Enfants du Roi which word cannot but include all the King's off-spring and blood-Roial 7. King Stephen and Henry 2. born out of the Realm and of parents that were not of the Allegiance of England when they were born were yet admitted to the Crown without contradiction which argueth that by the cours of the Common Law there was no such stop against Aliens and that if the Statute would have abridged the antient libertie in this case of Succession it would have made special mention there which it doth not The King of Scots excluded by the last Will of Henry 8. Henry 8. his Will whereby he excludeth the off-spring of Margaret S. 4. Which though somwhat infringed by the testimony of two
travel into Italie confessed it at his return and both of them affirmed they were man and wife but because they could not prove it by witnesses and for attempting such a matter with one of the Blood Royal without privitie and license of the Prince they were both committed to the Tower where they used means to meet afterwards and had the second Son Ed. Seymore Now the first Son may be ligitimate before God yet illegitimate before men and therefore incapable of Succession For the second to be legitimate whereas there wanteth nothing but witnesses for the presence of Minister is not absolutely necessary to justifie their marriages by Law The Queen herself her Counsel and as many as had the Examination of these parties upon their first act or Child-birth are witnesses unto them besides their resolution to continue man and wife protested before them and confirmed by this effect of their second carnal meeting in the Tower CAP. VII Examination of the Title of the Houses of Clarence and Britanie Against the House of Clarence in general THeir Claim is founded only upon the Daughter of George Duke of Clarence yonger Brother of Ed. 4. So that as long as any lawful issue remaineth of the Daughters of the elder brother no claim or pretence of theirs can be admitted 2. If the pretence of Lancast be better than that of York as before it seemeth to be proved S. 36. 38. 40. 42. c. then holdeth not this of Clarence which is meerly of York 3. The House of Clarence hath been often attainted 1. In George himself 2. In the Countess of Salisbury his Daughter and Heir 3. In the Lord Montague her Son and Heir whereby their whole interests were cut off For albeit since those attainders it hath been restored in Blood yet hath not that been sufficient to recover unto that House the ancient Lands and Titles of Honor thereunto belonging for they were forfeited to the Crown as is also to the next in Blood unattainted the prerogative of succeeding to the Crown unless special mention had been made thereof in their restauration Against the Earle of Huntington in favor of the Pooles Upon the attainder of the Lord Montague with his Mother of Salisbury all such right as they had or might had being cut off in them fell upon Geoffrey brother of the said Lord 1. Because he was not attainted 2. He was a degree neerer unto the Duke of Clarence and thereby hath the Priviledge of an Uncle before the Neece S. 34. 40. than the Lady Katharine 3. He was a man she a woman and neither of their Fathers in possession of the thing pretended which priviledge of Sex got the last King of Spain the Kingdom of Portugal 4. Inconvenience of Religion this point altered by the death of the last Earle First Title of the Infant as Heir unto the House of Britain from William the Conqueror Sect. 12. She is discended of the antient Royal Blood of England from the eldest Daughter of the Conqueror Constance whereof her friends infer two Consequences 1. When the Conqueror's sons died without issue or were made incapable of the Crown as Henry 1. seemed to be for the violence used to his elder brother Robert and his son William Sect. 11. then should the elder sister have entred before King Stephen who was born of Alice or Adela her yonger sister The coming of a Woman no bar to inher in England Though the Salick Law seemeth to exclude her from the Crown of France yet from the inheritance of England Britanie Aquitayne c. coming to her by Women and falling ordinarily in Women nor that nor other Law excludeth her Second Title of the Infant by France whereof she is Heir general from Henry 2. She is Lineally descended from Eleonor the eldest daughter of Henry 2. Sect. 15. by whom she is Heir general of France and thereby of England Sect. 15. for three reasons 1. King John by the murther of his Nephew Arthur of Britanie forfeited all his states whatsoever Now this happened four years before his son Henry 3. was born and therefore the Crown by right should have come to the said Eleonor his elder sister 2. Arthur being prisoner in the Castle of Roan and suspecting that he should be murthered by his Uncle John nominated the Lady Blanche daughter and heir to Eleonor to be his Heir which were it not good yet when he and his sister was put to death she and her Mother were next of kinn unto them for any more of England S. 12. 3. John was actually deposed by the Barons and States of the Realm 16 Regni sui and Lewis of France the Husband of Blanche elected and admitted with their whole consent to whom they swore Fealtie and Obedience in London for him and his heirs and posteritie 1217. giving him possession of London and the Tower and many other important places Now ableit that they chose after his John's son Henry 3 Yet Titles and Interests to Kingdoms once rightly gotten never die but remain ever for the posterity to set a foot so came Hugo Capetus to the Crown of France Odo Earle of Paris his ancester being once elected admitted and sworn King though after deposed and Charles the simple chosen Third Title of the Infanta from Henry 3. She is Lineally discended of Beatrix daughter of Henry 3. S. 17. Now seeing that the posterity of both her brothers Edward and Edmond the heads of the two Houses of Lancaster and York have oftentimes been attainted and excluded from the Succession by sundry Acts of Parliament and at this day are at contention among themselves why may not the right of both Houses by Composition Peace and Comprimise at least be passed over to their Sisters issue Objections against the Infanta 1. These her Claims are very old and worn out 2. Her claims are but collateral by sisters 3. She is a stranger and Alien born 4. Her Religion is contrary to the State Answered by those that favor her Title Antiquity hurteth not the goodness of Titles to Kingdoms when occasion is offered to advance them which commonly are never presumed to die nullum tempus occurrit Regi 2. Collateral Lines may lawfully be admitted to enter when the direct either fail or are to be excluded for other just respect 3. The point of forrein birth is sufficiently answered before Sect. 50. 4. The impediment of other Religion is not universal nor admitted in the judgment of all men but onely of such English as differ in Religion from her to the rest and those many it will rather bee a motive to favor then hinder her title CAP. VIII Examination of the Houses of Spain and Portugal The Dutchie of Lancaster belong's to Portugal THe King of Spain is lineally descended from the two daughters of John of Gant by his two first wives Sect. 23 24. the former whereof the Ladie Blanche beeing heir of the Duchie Sect. 19. when the posteritie of his issue male
A TREATISE Concerning the BROKEN SUCCESSION OF THE CROWN OF ENGLAND Inculcated about the later end of the Reign of Queen Elisabeth Not impertinent for the better Compleating of the General Information intended LONDON Printed Anno Dom. 1655. OUT OF THE PREFACE The Purpose of the Book THE Purpose of this Treatise is to prove That the next Successor of England must needs be very doubtful The First Part of the Book The Civil Lawyer declareth That albeit the Titles by Succession were clear yet that as things stand now in England and other Countries neer adjoyning there may be a great Doubt which of them shall prevail The Second Part. The Temporal Lawyer sheweth that the Titles and Pretensions of all the Ten or Eleven Families of the English Blood Royal which remain at this day are Ambiguous and Doubtful according to the Common Laws of England That Succession by Nearness of Blood is not by Law of Nature or Divine but onely by Humane and Positive Laws of every particular Countrie and consequently may be altered by the same CAP. I. Such are not to be admitted of whom no good is to be expected THE Government is Ordained for the benefit of the Common-wealth therefore no Reason or Law Religion or Wisdom in the World can admit such Persons to the Government of the same by whom no Good but Destruction may be expected as for example by a natural Fool or one that were a Turk or Moor in Religion Other Conditions besides Prioritie are requisite which are assigned by the Common-wealth Ergò Some other Conditions also must needs be requisite besides the meer Prioritie in Blood and these Conditions are not prescribed by anie Law of Nature or Divine but assigned and limited out by the Authoritie of every particular Countrie and Common-wealth to the which the Prince is bound To live in Companie cometh of Nature but the Form thereof by the Laws of everie Countrie The Sociabilitie or inclination to live together in Companie man with man whereof ensueth both Citie and Common-wealth as Aristotle gathereth and in like manner Government and Jurisdiction of Magistrates which is necessarie for the maintaining of that Societie is of Nature and consequently of God that is Author of Nature But the particular Form or manner of this or that Government in this or that fashion is not by Law either Natural or Divine but ordained by particular positive Laws of everie Countrie for if it were by the Law of Nature or Divine it should be all one in all Countries seeing God and Nature is one to all To live in Company is Natural to man and the ground of all Common wealths All ground of Realms and Common-wealths dependeth of this Point as of their first Principle For that a Common-wealth is nothing els 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 Plato Cicero Aristotle c. do make their entrance from this first Principle to wit That man by Nature is sociable and inclined to live in Companie whereof do proceed first all private Houses then Villages then Towns then Cities then Kingdoms and Common-wealths 1. Proof Inclination Universal In all Nations never so wilde or barbarous we see by experience that by one way or other they endeavor to live together either in Towns Caves Woods Tents or other like manner according to the custome of each Countrie which universal instinct could never be but by impression of Nature it self 2. Speech The use of Speech is given to man for this end and purpose otherwise little available were it if men should live alone and converse with none 3. Imbecillitie and Nakedness of Man Man is born more infirm and naked than all other Creatures not able to provide and defend himself but by the help of others which is a token that he is born to live in company both for his necessitie to be holpen by others and also for his own commodious living seeing no man of himself is sufficient for himself wherefore wittily said Aristotle That ho which flieth to live in Societie is either Deus aut Bellua a God or a Beast for that either he doth it because he hath no need of any which is proper to God or else for that he will do good to none and feeleth not that natural instinct which man hath to live in conversation which is a sign rather of a Beast than of a Man 4. The use of Justice and Friendship If man should not live in companie of others Justice and Friendship should be utterly in vain Justice whose office is To distribute to every one his own and Friendship which is so necessary and equal Vt nec aquâ saith Cicero nec igne nec ipso sole pluribus in locis utamur quà m amicitiâ 5. By the Holie Scripture Dixit quoque Dominus Deus non est bonum hominem esse solum faciamus ei adjutorium simile sibi Of which words is deduced That as this first Societie of our first Parents was of God and for so great purpose the one to be holpen by th' other so all other Societies which grow of this first stand upon the same ground of God's Ordination for the self same end of man's utilitie Government and Superioritie is also of Nature 1. Necessitie Without Government Superioritie and Jurisdiction of Magistrates the aforesaid Societie can in no wise subsist it followeth therefore that Government is of Nature aswel as the Societie it self For except there be some Order kept among men to reward Virtue chasten Vice and relieve the Afflicted there is nothing to be hoped for but horror and confusion for that one would devour and consume the other 2. Consent of Nations There was never yet Nation found among whom men living together had not some kind of Magistrates or Superiors to Govern them which general Consent Cicero calleth Ipsius vocem naturae 3. Civil Law The Civil Law proveth also this point in the beginning of our Digests where the second title of the First Book is De originie juris omnium Magistratuum of the beginning of the Civil Law and of all Magistrates which beginning is referred to the Principle of natural instinct and God's institution 4. Holie Scripture God concurreth also expresly with this instinct of Nature as when he saith to Solomon By me Kings do Reign And S. Paul to the Romans avoucheth That Authoritie is not but of God and therefore he which resisteth Authoritie resisteth God Viz. Authoritie in it self according to the first institution as also lawfully laid upon any persons but not wrongfully Particular Form of Government is not of God or Nature but free to every Country So those two aforesaid Points to wit The Common-wealth and Government of the same are of Nature But the particular Forms of Government are left unto every Nation and
Country to chuse either Democratia Aristocratia or Monarchia according as they shall like best for if they were determined by God or Nature they should be all one in all Nations which they are not seeing we see that every Nation almost hath her particular Form or manner of Government And the cause of these Differences Aristotle attributeth to the diversity of men's Natures Customs Educations and other such causes that make them make choice of such or such Forms of Government Diversitie of Government in divers Countries and Times And this Difference of Government is not in divers Countries only but also at divers times in one and the same Countrie For the Romans first had Kings after rejecting them for their evil Government they chose Consuls annual whose Authoritie was limited by a multitude of Senators and these mens Power by the Tribunes of the People and somtime Dictators and finally they came to be Governed by Emperors The like may be said of many Common-wealths both of Asia and Greece and at this day of Europe In Italie now divided into so many Common-wealths every one of them almost keepeth a different Form of Government Millan as also Burgundie Lorayne Bavire Gasconie and Brittanie the lesser were once distinct Kingdoms now Dukedoms Whole Germanie many yeers together a Kingdom now is divided into so many Dukedoms Earldoms and other Titles of Supreme Princes Castile Arragon Portugal Barcelona which were first Earldoms only and after Dukedoms and then Kingdoms are now all united under one Monarch Boëme and Polonia Dukedoms once now Kingdoms France first a Monarchie under Pharamond Clodion Merouye Childerick and Clodovaeus was after divided into Four Kingdoms to wit one of Paris another of Soissons the third of Orleans and the fourth of Metz and afterwards made one Monarchie again England first a Monarchie under the Britaines and then a Province under the Romans and after divided into Seven Kingdoms at once under the Saxons and now a Monarchie again under the English The People of Israël also were under divers manners of Government in divers times first under Patriarchs Abraham Isaac and Jacob then under Captains as Moses Josue c. then under Judges as Othoniel Acod Gedeon c. then under High Priests as Hely and Samuel then under Kings as Saul David c. then under Captains and High Priests again as Zorobabel Judas c. until they were brought under the power of the Romans So as there can be no doubt but that the Common-wealth hath power to chuse their own fashion of Government as also to change it upon reasonable causes and God no doubt doth approve it The Common-wealth limiteth the Governors Authoritie And as the Common-wealth hath this Authoritie to chuse and change her Government so hath she also to limit the same with Laws and Conditions Therefore the Consuls of Rome were but for one year other Officers and Magistrates for more as their Common-wealth did allot them The Dukes of Venice at this day are for their Lives those of Genoa for two years The Dukedoms of Ferrata Urbin and Parma are limited only to Heirs Male for defect therof to return to the Sea of Rome as Florence and Mantua for like defects to the Empire How a Natural Prince is to be understood When men talk of a Natural Prince and Natural Successor if it be understood of one that is born within the same Realm or Countrie and so of our own natural blood it hath some sence but if it be meant as though any Prince had his particular Government or Interest to Succeed by Institution of Nature it is ridiculous for that Nature giveth it not as hath been declared but the particular Constitution of every Common-wealth Of the Form of Monarchies and Kingdoms in particular and the different Laws whereby they are to be Obtained Holden and Governed in divers Countries CAP. II. A Monarchie the best Government ARistotle Seneca and Plutarch do hold a Kingdom to be the most perfect Common-wealth among all other and the very first His Antiquity Of all other it is the most ancient for we read that among the Syrians Medes and Persians their first Governors were Kings And when the Children of Israël did ask a King at the hands of Samuel 1000. years before the coming of Christ they alleged for one Reason That all Nations round about them had Kings for their Governors and at the very same time the chiefest Cities and Common-wealths of Greece as the Lacedemonians Athenians Corinthians and others were governed by Kings The Romans also began with Kings It resembleth the Government of God and Nature This kind of Government as do gather S. Hierom and S. Chrysostom resembleth most of all the Government of God that is but one representeth the excellencie of one Son of one Soul in the Bodie it is also most conformable unto Nature by example of the Bees which do chuse unto themselves a King and do live under a Monarchie St. Peter's Authoritie Subjecti estote omni humanae Creaturae propter Deum sive Regi quasi precellenti sive Ducibus ab eo missis c. saith S. Peter where he seemeth to signifie that a King's Government is the best among all others seeing at this time when he wrote this Epistle the chief Governor of the world was not called King but Emperor though indeed between the title of King and Emperor there is little or no difference in substance but only in name Utilities of a Kingdom This Government not only in it self but also by his Effects and Utilitie is the most excellent For in the Monarchie of one King there is more Unitie Agreement and Conformity and thereby also Celerity commonly in dispatching of business and in defending the Common-wealth than where many Heads be less Passions also in one man than in many Inconvenieneies of other Governments as of DEMOCRATIA In Democratia especially where Cunning men are admitted such as were the Orators in Athens and the Tribunes in Rome who could move the Waves raise up the Winds and kindle the Fire of the vulgar peoples Affections Passions and Furies at their pleasure there is nothing but Sedition Trouble Tumults Outrages and Injustice committed upon every little occasion By which we see that of all Common-wealths these of Popular Government have soonest come to ruine as do witness not only the old examples of Greece Asia and Africa but also many Cities in Italie who upon the Fall of the Roman Empire took up unto themselves Popular Governments wherein they could never rest until they came under the Monarchie of one Prince or other as at this day they do remain Of ARISTOCRATIA For Aristocratia as it doth participate of Monarchia and Democratia or rather tempereth them both so hath it both good and evil in it but yet inclineth more to the evil for the dis-union that commonly by mans infirmitie and malice is among those
of Blood was established yet many examples do testifie That the next in Blood was oftentimes put back by the Common-wealth upon just causes Don Pelago's Son * being dead after two years Reign only none of his Children though he left divers were admitted because they were yong and unable to Govern But Don Alonso the Catholick his Son in Law who for his valiant acts was sirnamed the Great Don Aurelio and Don Silo to the prejudice of Don Fruela and his Children To Don Alonso succeeded his Son Don Fruela who was first a noble King But for that he declined to Tyrannie and put to death wrongfully his own Brother Don Vimerano rarely beloved of the Spaniards he was himself put to death by them And albeit he left two goodly lawful Children yet in hatred of the Father neither of them was admitted by the Realm to succeed him but his Cozen German Don Aurelio brothers Son to Don Alonso the Catholick who after six years Reign dying without issue a brother in Law of his named Don Silo was admitted Don Vermudo to the prejudice of Don Alonso the Chaste who nevertheless come's in again afterwards very happily This Don Silo being also dead without issue and the Spaniards anger against Don Fruela being now wel asswaged they admitted his aforesaid Son Don Alonso the yonger sirnamed the Chaste though his Reign for this time endured very little being put out by a bastard Uncle of his Don Aluregado with help of the Moors who after six years Reign dying also without issue the matter came in deliberation again Whether Don Alonso the Chaste that lived hidden in a Monasterie should be admitted again or rather his Cozen German Don Vermudo Son to his Uncle the Prince Vimerano whom his Father had slain The Realm determined Don * Vermudo though he were much farther off by Propinquity of Blood for that he was judged for the more valiant and able Prince than the other who seemed to be made more acquainted with the life of Monks than of a King Neither do the Historiographers of Spain reprehend this Fact of the Realm But King Vermudo after three years Reign being weary of a Kingly life and feeling some scruple of Conscience that he had forsaken the life Ecclesiastical he Resigned willingly the Government unto his said Cozen Don Alonso the Chast who after all his affliction having been deprived four times Reigned yet 51. years and proved the most valiant and excellent King that ever that Nation had both for his valor and other vertuous deeds and had great friendship with King Charles the Great of France who lived in that time Don Fruela to the prejudice of Don Ordonio's Children Don Ordonio the Second dying left four Sons and one Daughter and yet the State of Spain displaced them all and gave their Kingdom to their Uncle Don Fruela second Brother to their Father And Morales saith That there appeareth no other reason hereof but only for that these Sons of the King deceased were yong and not so apt to Govern well the Realm as their Uncle was And this notwithstanding that the said Morales writeth That at that time and before the Law of Succession by Propinquitie of Blood was so strongly confirmed that the Kingdom of Spain was made an inheritance so intayled and tyed only to the next in Blood as there was no possibility to alter the same Don Alonso 4th Son to Ordonio to the prejudice of Don Fruela his Children And Don Ramiro to the prejudice of the Children of Don Alonso And after a years Reign this King Fruela being dead and having left divers Children at mans state they were all put by the Crown and the eldest Son of the aforesaid Don Ordonio the second named Don Alonso the fourth was chosen for King Who leaving afterward his Kingdom and betaking himself to a Religious habit offered to the Common-wealth of Spain his eldest Son named Don Ordonio to be their King but they refused him and took his Brother Uncle to the yong Prince named Don Ramiro who reigned 19. years and was a most excellent King and gained Madrid from the Moors Don Sancho el Gordo to the prejudice of the yong Son of Ordonio the Third To Ramiro the second succeeded his elder Son Don Ordonio the third who after 7. years reign albeit he left a Son named el Enfante Don Vermudo yet he was not admitted but his Brother Don Sancho 1. sirnamed el Gordo Uncle to the yong Prince And the reason of this Alteration Morales giveth First that the said Enfante was a little Child and not sufficient for Government and defence of the Country But yet after Don Sancho had reigned and his Son Don Ramiro the third after him he was called and made King by the Realm under the name of Vermudo 2. who left after him Don Alonso 5. and he again his Son Don Vermudo 3. who Marrying his Sister Dona Sancha that was his Heir unto Don Ferinando first Earle and then King of Castile who was second Son to Don Sancho * Mayor King of Navar he joyned by these means the Kingdoms of Leon and Castile together which were separated before And so ended the Line of Don Pelago and entered the Blood of Navar The Third Race Dona Berenguela to the prejudice of her elder Sister Dona Blancha and her Son St. Lewis of France For the Third Race Prince Lewis of France who afterwards was King Lewis 8. Son to Philip Augustus having married Dona Blancha of Spain that was Neece to King John of England by her Mother-side upon these Conditions on the part of King John thereby to make Peace with the French that she should have for her Dowry all those Towns and Countries which the said King Philip had taken upon the English in Normandie and Gasconie And on the part of Spain That if the Prince Henry only Brother to the said Lady Blanch should die without issue then she should Succeed in the Crown of Spain got Lewis 9. by her And yet Prince Henry her Brother dying without issue both she and her Son were put by and excluded by the State of Spain against the evident Right of succession and Propinquitie of Blood And her yonger Sister * Dona Berenguela was admitted And the only Reason they yielded thereof was not to admit Strangers to the Crown Don Sancho el Bravo to the prejudice of his Nephews Don Alonso and Hernando de la Cerda The Prince of Spain * Don Alonso Nephew to St. Fernando dying before the King his Father left two * Sons Don Alonso and Hernando de la Cerda whom the Grand-father left Commended to the Realm as lawful Heirs apparent to the Crown Yet for that one Uncle of theirs yonger Brother to their Father named Don Sancho el * Bravo was like to manage the matters of War better than they he was by a general
hee who represented her person was to bee preferred before her For the Duchess of Bragança and against the point of Representation Shee was born and bred in Portugal Philip and Parma were forrein 2. Shee was nearer by a degree unto Emanuel and Henry the Cardinal then the Duke of Parma 3. Against the representation urged by Parma that no representation was admitten in the Succession to the Crown of Portugal but that every pretender was to bee taken and preferred according to the Prerogatives onely of his Person as the next in propinquitie of blood or the man before the woman and the elder before the younger if they bee in equal degree of propinquitie to the former Kings Touching Representations Contra Sect. 40. The last King Sebastian entred the Crown by way of Representation not by propinquitie of blood the Cardinal beeing brother and hee but Nephew unto the former King John 3. Sect. 82. Answ. Hee was of the right descendant line of K. John 3. and the Cardinal but of the Collateral and all Law alloweth the right line to bee served and preferred before the Collateral bee admitted This was the caus of his coming to the Crown and not representation Allegations of King Philip's right to Portugal Seeing then that Representation was not admitted but every Pretendor considered in his own person onely Sect. 82. King Philip beeing in equal degree of propinquitie of blood with the Duchesses alleged hee was to bee preferred before them both becaus a man and born before them 2. The inheritance of Portugal besides that it belonged to the Crown of Castile of old evidently belonged to John King of Castile by the marriage of Beatrix daughter and heir of Ferdinand King of Portugal after whose death it was conferred by election of the People on John M. of Avis bastard-brother of the foresaid Ferdinand by him the said Beatrix and her posteritie wrongfully debarred and excluded King Philip his own carver in Spain When these contentions were at the hottest died the K. Cardinal before he could decide them Whereupon the K. of Spain taking his right to bee best and becaus a Monarch and under no temporal Judg thinking hee was not bound to attend any other or further judgment in the matter but might by force put himself in possession of his own as hee took it if otherwise hee might not have it hee entered upon Portugal by force of Arms and at this day holdeth it peaceably The end of the controversie An Objection in behalf of Representation in the Succession of England Representation taketh place in England So as the children of the son though women shall ever bee preferred before those of the daughter though men Therefore seeing the Ladie Philippes right to the Dukedom of Lancaster and Crown of England mentioned Sect. 70 72 c. is to bee preferred according to the Laws of England onely it followeth that the right of Succession pretended by the Princes of Portugal from the said Ladie Philippe should bee determined onely by the Laws of England which admit of Representation Answer to the former Objection The question is not here by what Law this pretence by Portugal to the Crown of England is to bee tried but rather who is the true and next heir of John of Portugal and the Ladie Philippe heir of Lancaster which once known it little importeth by what Law hee pretendeth his right unto England whether of Portugal or England though to determine this first and chief point of the Succession of Portugal the Laws of Portugal must needs bee the onely Judges and not those of England CAP. X. Whether it bee better to live under a Forrein or a Home-born Prince a great Monarch or a little King Against Forrein-Government the opinion of Law-makers ARistotle in all the different Forms of Common-wealths which hee prescribeth in his 8 books of Politicks ever presupposeth that the Government shall bee by people of the self-same Nation the same also do presume all the Law-makers therein mentioned as Minos Solon Lycurgus Numa Pompilius and the rest Of Orators and Writerr Demosthenes his famous invectives against Philip of Macedonia that desired to encroach upon the State of Greece and his Orations against Eschines who was thought secretly to favor the pretences of the said forrein Princes The books of the Italians when they speak of their former subjection to the Lombardes Germanes French and their present to the Spaniard The late writings of the French against the power of the hous of Guise and Lorrain whom they hold for strangers Of Nations by their Proceedings and Designs The desperate and bloodie executions of divers Nations to th' end they might rid themselvs from stranger's dominion are arguments of the very impression of nature herself in this matter for examples whereof see Q. Curtius lib. 5. 6. And the Sicilians who at one Evensong-tide slew all the French within their Iland whom themselvs had called and invited thither not long before And the English who murthered all the Danes at one time and would have don as much for the Normans if themselvs had been strong enough or the advers partie less vigilant And the French in the time of Charles the 7. when nothing could repress them from revolting every where against the English Government of which at length by hook and crook they wholly free'd themselvs Of Holy Scripture The autoritie of holy Scriptures is evident in this behalf Deut. 17. 16. Thou shalt make them King over thee whom the LORD thy GOD shall choos out of the number of thy brethren thou mai'st not set a stranger over thee which is not of thy brethren In the behalf of Forrein Government This hatred of Stranger's Government is but a vulgar aversion of passionate or foolish men Passionate by corruption of nature whereby men are inclined to think evil of others especially their Governors and the more the farther they are from us in kindred or acquaintance foolish as those that weigh not the true reasons causes or effects of things but onely the outward shew and popular apprehension grounded for the most part in the imagination or incitation of others who endeavor onely to procure tumults It importeth not what Countrimam the Prince bee so his Goverement bee good All passion against stranger or unto others laid aside wee are onely to respect the fruits of good and profitable Government the peace and proprietie of the Subject which what Prince bee hee native or forreign soëver procureth us is fittest for ours or any other Government for after a Prince is established the common subject hath no more conversation with him nor receiveth further personal benefits of him than of a meer stranger Then if hee govern ill what is the Subject the better by his beeing Home-born Home-born Princes and Tyrants As in the like case the children of Israël said of Rehoboam Quae nobis pars in David vel quae haereditas in filio Jesse 3 King 12. 16.