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

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in England to favour him and his pretence or else in respect of his own particular Family Friends and Allies both at home and abroad And for that the Party of Religion is like to weigh most and to bear the greatest sway and most potent suffrage and voice in this action and that with reason according to that the Civilian hath proved at large in the last of his Discourses therefore shall I also quoth the Lawyer first of all then treat of this point of Religion in this my last Speech It is well known said he that in the Realm of England at this day there are three different and opposite Bodies of Religion that are of most bulk and that do carry most sway and power which three Bodies are known commonly in England by the names of Protestants Puritans and Papists though the latter two do not acknowledge these Names and for the same cause would not I use them neither if it were not only for clearness and brevities sake for that as often I have protested my meaning is not to give offence to any Side or Party These three Bodies then quoth he do comprehend in effect all the Force of England and do make so general a division and separation throughout the whole Land in the hearts and minds of their Friends Favourers and followers as if I be not deceived no one thing is like so much to be respected in each Pretender for his advancement or depression as his Religion or inclination therein by them that must assist him at that day and are of different Religions themselves And more I am of opinion said he that albeit in other changes heretofore in England as in the entrance of King Edward and Queen Mary and of this Queens Majesty that now is divers men of different Religions did for other respects concurr and joyn together for these Princes advancement notwithstanding that afterwards many of them repented the same which is to be seen in that for King Edward all the Realm without exception did concurr and for Queen Mary it is known that divers Protestants did by name and among other points it is also known that Sir Nicholas Throgmorton a fervent Protestant in those days being of King Edward's Privy Chamber did not only advise her of the sickness and decay of King Edward from day to day but also was the first that sent an express Messenger to advise her of her Brother's death and what the two Dukes of Northumberland and Suffolk did contrive against her and that with such celerity that King Edward dying but on Thursday night the 10 th of July the Lady Mary was most certainly advised thereof by Saturday morning next and that very early in Kenning-hall-Castle of Norfolk 80. Miles off and divers other Protestants did assist her also in that her Entry as in like manner all those of the Roman Religion without exception did assist her Majesty that now reigneth after the decease of the said Queen Mary and this was then But I am of opinion that matters will fall out far otherwise at the next Change and this partly peradventure for that the titles of Succession in the Pretenders are not so clear but rather much more doubtful now than they were then and partly or rather principally for that men in time are come to be of more resolution and determination in matters of Religion and by contention and pursuing one the other are become more opposite and enemies and more desirous of revenge and further also than this those that be of milder and better condition and have not these passions in them yet by Reason and Experience they do see the great absurdity and inconvenience that ensueth by that a man of one Religion should give aid to the advancement of a Prince of a contrary Religion to that which himself doth esteem and hold for only truth which in him that so doth cannot be denied but that it is a point of little zeal at the least if not contempt of God and of Religion or of plain atheism as others will call it And moreover I remember that the Civilian before in the end of his Speech inveighed also much against this point and shewed that besides lack of Conscience and Religion it was in like manner against all humane wisdom and policy to favour a pretender of a different Religion from himself and this for divers reasons that he laid down which reasons I confess prevailed much with me and I do allow greatly of that his opinion and assertion which averred that the first respect of all others ought to be GOD and Religion in this great Affair of making a King or Queen and that without this no Title whatsoever ought to prevail or be admitted by Christian men and that the Cities of France at this day do not amiss but justly and religiously so long as they are of that Religion that they are to stand against the King of Navarr though otherwise by descent they do confess his Title to be clear and evident for that he is of contrary Religion to them Wherefore seeing that the very same Case is like or rather certain to ensue one day in England and that it is most probable that each Party of the Realm will stand most upon this Point that is to say upon the defence and advancement of their Religion and of such a King as shall be known to favour the same that themselves be of let us examin a little if you please quoth he what force ability each of these three Bodies of Religion now mentioned is like to be of at that day in England for effectuating or promoting this purpose of a new King And first to begin with the Protestant as with him that hath the sway of Authority and present Power of the State in his favour no doubt but that his force will be also great at that day said he and especially if he can conceal for a time the decease of her Majesty untill he may be able to put his Affairs in order but this is holden to be either impossible or very hard for the different judgments and affections which are not thought to be wanting in the Court Council and Princes Chamber it self whereof we saw the effect as before I told you at the death of King Edward which was as much endeavoured to be kept as ever any was and as much it imported the Concealers and yet within not many hours after had the Lady Mary most certain notice thereof ●y those that were opposite to her in Religion as I have shewed before so ardent are mens minds in such occasions and so capable of new impressions designments and desires are all kind of subjects upon such great changes A chief Member of the Protestant Body as you know for Wealth and Force is the Clergy of England especially the Bishops and other men in Ecclesiastical Dignity which are like to be a great Back to this Party at that
by you before which divers Commonwealths had in putting back oftentimes Children and impotent People though otherwise next in Blood from Succession and preferring more able Men though further off by Descent for that they were more like to defend well their Realm and Subjects than others were But to proceed said he more distinctly and more perspicuously in this matter I would have you call to mind one Point among others which I alledged before out of Gerard the French Author to wit that the King of France in his Coronation is new apparelled three times in one day once as a Priest and then as a Judge and last as King armed Thereby to signify three things committed to his Charge First Religion then Justice then Manhood and Chivalry for the Defence of the Realm This Division seemeth to me very good and fit quoth he and to comprehend all that a Wel-Publick hath need of for her happy State and Felicity both in Soul and Body and for her end both Supernatural and Natural For by the First which is Religion her Subjects do attain unto their end Spiritual and Supernatural which is the Salvation of their Souls and by the Second and Third which are Justice and Defence they enjoy their Felicity Temporal which is to live in Peace among themselves and Safety from their Enemies for which Cause it seemeth that these are the three Points which most are to be regarded in every Prince that cometh to Government and much more in him that is not yet admitted thereunto but offereth himself to the Commonwealth for the same purpose And for that the latter two of these three Points which are Justice and Manhood hath been often had in consideration in the Examples of Changes before mentioned and the first Point which is Religion hath rarely or never at all been talked of for that in former times the Prince and the People were always of one and the same Religion and scarce ever any question or doubt fell in that behalf which yet in our days is the principal difference and chiefest difficulty of all other For these Causes I say shall I accommodate my self to the circumstance of the time wherein we live and to the present Case which is in question betwixt us about the Succession of England and leaving aside those other two Considerations of Justice and Chivalry in a King which are far less important than the other though yet so highly regarded by ancient Commonwealths as you have heard I shall treat principally of Religion in this place as of the first and highest and most necessary Point of all other to be considered in the Admission of any Prince for the profit of his Subjects for that without this he destroyeth all and with this albeit he should have defects in the other two Points of Justice and Manhood yet may it be holpen or his defect or negligence may be supplyed much by others as after I shall shew more in particular but if he want Fear of God or care of Religion or be perversly perswaded therein the damage of the Wel-Publick is inestimable First of all then for beter understanding of this Point we are to suppose that the first chiefest and highest end that God and Nature appointed to every Commonwealth was not so much the temporal felicity of the Body as the Supernatural and Everlasting of the Soul and this was not only revealed to the Jews by Holy Scriptur but also unto the Gentils and Heathens by the Instinct and Light of Nature it self For by this Light of Natural reason the Learned sort of them came to understand the immortality of the Soul and that her Felicity Perfection and full Contentment which they called her final End and Summum Bonum could not be in this Life nor in any thing Created under Heaven but must needs be in the Life to come and that by attaining to enjoy some infinit endless and immortal Object which could fully satisfy the appetit of our Soul and this could be no other than GOD the Maker of all himself And that consequently all other things of this transitory Life and of this humane Commonwealth subject to mans eyes are ordained to serve and be subordinate and directed to the other Higher End and that all mans actions in this World are first of all and in the highest degree to be employed to the recognising serving and honouring of this great Lord that governeth the whole as Author and End of all To this Light I say came the Heathens even by the Instinct and Direction of Nature whereof ensued that there was never yet Pag●n Philosopher that wrote of framing a good Commonwealth as Socrates Plato Plutarch Cicero and others neither Law-maker among them that left Ordinances for the same purpose as Deucalion Minos Zaleucus Lycurgus Solon Jon Numa or the like which besides the temporal end of directing things well for the body had not especial care also of matters appertaining to the mind to wit of nourishing honouring and rewarding of Vertue and for restraining and punishing of Vice and Wickedness whereby is evident that their end and butt was to make their Citizens Good and Vertuous which was an higher end than to have a bare consideration of temporal and bodily Benefits only as many Governours of our days though Christians in name seem to have who pretend no higher and in their Government than Bodily Wealth and a certain temporal King of Peace and Justice among their Subjects which divers beasts also do reach unto in their Congregations and Commonwealths as is to be seen among Emmets and Bees Cranes Lions and other such Creaturs that by Instinct of Nature are sociable and do live in company and consequently also do maintain so much Order and Policy in their Commonwealth as is needful for their preservation and continuance But Nature taught Man a far higher and more excellent End in his Commonwealth which was not only to provide for those bodily Benefits that are common also to creatures without Reason but much more for those of the Mind and above all for the serving of that High and Supreme God that is the Beginning and End of all the rest For whose Service also they learned by the same Instinct and Institution of Nature that the chiefest and supremest Honour that could be done unto him in this life by man was the Honour of Sacrifice and oblations which we see was begun and practised even in those first beginnings of the Law of nature before the Levitical Law and the particular Forms of this same Law were prescribed by Moses For so we read in Genesis of Noach that he made an Altar and offered Sacrifices to God upon the same of all the Beasts and Birds that he had in the Ark odor atusque est Dominus odorem suavitatis And God received the smell of these Sacrifices as a sweet smell Which is to say that God was highly pleased therewith
our Witness at the Last Day to condemn or deliver us as before I have said he must needs sin grievously or damnably as the Apostle here saith who committeth any thing against his own Conscience though otherwise the thing were not only indifferent but very good also in it self for that of the doers part there wanteth no malice or will to sin seeing he doth that which he apprehendeth to be naught though in it self it be not And now to apply all this to our purpose for England and for the matter we have in hand I affirm and hold that for any man to give his help consent or assistance towards the making of a King whom he judgeth or believeth to be faulty in Religion and consequently would advance either no Religion or the wrong if he were in Authority is a most grievous and damnable sin to him that doth it of what side soever the Truth be or how good or bad soever the Party be that is preferred For if S. Paul have pronounced so absolutely and plainly in the place before alledged that even in eating of a piece of Meat it is damnable for a man to discern and yet eat what may we think will it be in so great and important a matter as the making of a King is for a man to dissemble or do against his own Conscience and Judgment that is to say to discern and judge that he is an Infidel or Heretick or wicked man or Atheist or erroneous in Religion and yet to further his Advancement and Government over Christians where he shall be able to pervert infinite and to pull down all Honour and Service due unto God and whether he do this evil afterwards or no yet shall I be guilty of all this for that knowing and perswading my self that he is like or in disposition to do it yet for fear flattery carelesness kindred emulation against others vain pretence of Title lack of Zeal to God's Cause or for other the like passions or temporal respects I do favour further or sooth him in his pretences or do not resist him when it lieth in my power by all which I do justly make my self guilty of all the evils hurts miseries and calamities both temporal and spiritual which afterwards by his evil Government do or may ensue for that I knowing him to be such a one did notwithstanding assist his Promotion And thus much now for matter of Conscience but if we consider Reason of State also and worldly Policy it cannot be but great folly and oversight for a man of what Religion soever he be to promote to a Kingdom in which himself must live one of a contrary Religion to himself for let the Bargains and Agreements be what they will and fair promises and vain hopes never so great yet seeing the Prince once made and settled must needs proceed according to the Principles of his own Religion it followeth also that he must come quickly to break with the other Party though before he loved him never so well which yet perhaps is very hard if not impossible for two of different Religions to love sincerely but if it were so yet so many jealousies suspicions accusations calumniations and other aversions must needs light upon the Party that is of different Religion from the State and Prince under whom he liveth as not only he cannot be capable of such Preferments Honours Charges Governments and the like which men may deserve and desire in their Commonwealths but also he shall be in continual danger and subject to a thousand molestations and injuries which are incident to the condition and state of him that is not currant with the course of his Prince and Realm in matters of Religion and so before he be aware he becometh to be accounted an enemy or backward man which to remedy he must either dissemble deeply and against his own Conscience make shew to favour and set forward that which in his heart he doth detest which is the greatest Calamity and Misery of all other though yet many times not sufficient to deliver him from Suspicion or else to avoid this everlasting perdition he must break withal the temporal Commodities of this Life and leave the Benefits which his Countrey and Realm might yield him and this is the ordinary end of all such men how soft and sweet soever the beginnings be And therefore to conclude at length all this tedious Speech wherewith I fear me I have wearied you against my will seeing there be so great Inconveniences and Dangers both Temporal and Eternal and in respect both of God and man Body and Soul as hath been declared to advance a Prince of contrary Religion to the Crown and considering that in England there is so great diversity of Religions as the World knoweth between these Parties and Factions that have to pretend or admit the next Prince after her Majesty that now is calling to mind also the great Liberty Scope and Authority which the Commonwealth hath in admitting or rejecting the Pretenders upon Considerations be their Right of Succession never so plain or clear as before hath been shewed and laying finally before our eyes the manifold and different Acts of Christian Realms before mentioned in this Affair all these things I say being laid together you may see whether I had reason at the beginning to think and affirm that it was a doubtful Case who should be our next Prince after the Queens Majesty that now sitteth at the Stern and if beyond all this that I have said our Friend the common Lawyer here present shall prove also as at the first entrance he promised that among such as do or may pretend of the Blood Royal at this day their true Succession and next propinquity by Birth is also uncertain and disputable then is the matter made thereby much more ambiguous and God only knoweth who shall prevail and to him only is the matter to be commended as far as I see and with this I make an end thanking you most heartily for your patience and craving pardon for that I have been too long or for any other fault that in this Speech I have committed The End of the First PART THE PREFACE OF THE Second Part. THe Civilian had no sooner ended his Discourse but all the Company being most desirous to hear what the Temporal Lawyer had prepared to say about the several Titles of the present Pretenders to the Crown of England began with one accord to request him earnestly for the performance of his promised Speech in that behalf who shewing himself neither unwilling nor unready for the same told them that he was content to yield to their desires but yet with one condition which was that he would take in hand this matter with the same asseveration and protestation with the Civilian in some occasions had used before him and it liked him well to wit that having to speak in this Discourse of many Princes Peers
far greater as now they live than in that case it would be suffered their King coming hereby to be of greater Power to force them to the form of English Subjection as no doubt but in time he would And seeing the greatest utility that in this Case by reason and probability can be hoped for by this Union is That the Scotish Nation should come to be advanced in England and to be made of the Nobility both Temporal and Spiritual and of the Privy-Council and other like Dignities of Credit and Confidence for otherwise no union or amity can be hoped for and considering That the King both for his own safety as hath been said as also for gratitude and love to his allied Friends must needs plant them about him in chief places of Credit which are most opposite to English Natures and by little and little through occasion of Emulations and of Controversies that will fall out daily betwixt such diversity of Nations he must needs secretly begin to favour and fortifie his own as we read that William the Conquerour did his Normands and Canutus before him his Danes to the incredible Calamity of the English Nation though otherwise neither of them was of themselves either an evil King or an Enemy to the English-Bloud but driven hereunto for their own safety and for that it was impossible to stand Newter in such national Contentions If all this I say fell out so then as we know it did and our Ancestors felt it to their extreme Ruine what other effect can be hop'd for now by this violent union of Nations that are by nature so dis-united and opposite as are the English Scotch Irish Danish French and other on them depending which by this means must needs be planted together in England And if we read that the whole Realm of Spain did refuse to admit St. Lewis King of France to be their King in Spain to whom yet by Law of Succession it was evident and confessed by the Spaniards themselves as their Chronicler Garibay writeth that the Right most clearly did appertain by his Mother Lady Blanch eldest Daughter and Heir of King Alonso IX and that they did this only for that he was a French-man and might thereby bring the French to have chief Authority in Spain And if for this Cause they did agree together to give the Kingdom rather to Ferdinando III. that was Son of Lady Berenguela younger Sister to the said Lady Blanch and if this determination at that time was thought to be wise and provident tho' against all right of Lineal Succession and if we see that it had good success for that it endureth unto this day what shall we say in this case say these men where the King in question is not yet a St. Lewis nor his Title to England so clear as that other was to Spain and the aversion ●etwixt his Nation and ours much greater than was that betwixt the French and Spanish Thus they do reason Again we heard out of the discourse made by the Civilian before how the States of Portugal after the death of their King Don Ferdinando the second of that Name who left one only Daughter and Heir named Lady Beatrix married unto John I. King of Castile to whom the Succession without all Controversie did appertain they rather determined to chuse for their King a Bastard-brother of the said Don Ferdinando named John than to admit the true Inheritrix Beatrix with the Government of the Castilians by whom yet they being much the richer People the Portugals might hope to reap far greater utility than English-men can do by Scotland considering it is the poorer Countrey and Nation And this is that in effect which these men do answer in this behalf noting also by the way that the Romans themselves with all their Power could never bring Union or Peace between these two Nations of England and Scotland nor hold the Scots and North-Irish in Obedience of any Authority in England and so in the end they were enforced to cut them off and to make that famous Wall begun by Adrian and pursued by other Emperours to divide them from England and bar them from joyning as all the World knoweth and much less shall any one King in England now hold them all in Obedience let him be of what Nation he will And this for the utility that may be hoped for by this Union But now for the point alledged by the favourers of Scotland about establishment of true Religion in England by the entrance of this King of Scots these other men do hold that this is the worst and most dangerous point of all other considering what the state of Religion is in Scotland at this day and how different or rather opposite to that form which in England is maintained and when the Archbishops Bishops Deans Archdeacons and other such of Ecclesiastical and Honourable Dignities of England shall consider that no such Dignity or Promotion is left now standing in Scotland no nor any Cathedral or Collegiate Church is remained on foot with the Ren●s and Dignities thereunto appertaining and when our Nobility shall remember how the Nobility of Scotland is subject at this day to a few ordinary and common Ministers without any Head who in their Synods and Assemblies have Authority to put to the Horn and drive out of the Realm any Noble-man whatsoever without remedy or redress except he will yield and humble himself to them and that the King himself standeth in aw of this exorbitant and popular power of his Ministers and is content to yield thereunto It is to be thought say these men that few English be they of what Religion or Opinion soever will shew themselves forward to receive such a King in respect of his Religion that hath no better Order in his own at home And thus much concerning the King of Scotland Now then it remaineth that we come to treat of the Lady Arabella second Branch of the House of Scotland touching whose Title though much of that which hath been said before for or against the King of Scotland may also be understood to appertain unto her for that she is of the same House yet I shall in this place repeat in few words the principal points that are alledged in her behalf or prejudice First of all then is alledged for her and by her ●avourers that she is descended of the foresaid Lady Margaret eldest Daughter of King Henry VII by her second Marriage with Archibald Douglas Earl of Anguis and that she is in the third degree only from her for that she is the Daughter of Charles Stuart who was Son of Margaret Countess of Lenox Daughter to the said Lady Margaret Queen of Scots so as this Lady Arabella is but Neece once removed unto the said Queen Margaret to wit in equal degree of descent with the King of Scots which King being excluded as the favourers of this Woman do
the Reasons that were on both Parties for this matter and so much the more for that it seemed to Fall very fit to the purpose of these pretences of Foreign Princes for which cause they entreated him very instantly that before he passed any further or ended his whole discourse of the Titles which hitherto they said had greatly contented them he would stay himself a little upon this matter which though for a time he made great difficulty to do yet in the end being so importuned by them he promised that at their Meeting the next day he would satisfie their desire and so for that time they departed very well contented but yet as they said with their Heads full of Titles and Titlers to the Crown CHAP. IX Whether it be better to be under a Foreign or Home born Prince and whether under a great and mighty Monarch or under a little Prince or King THe Company being gathered together the next day and shewing much desire to hear the point discussed about Foreign Government whereof mention had been made the day before the Lawyer began to say That for so much as they would needs have him to enter into that matter which of it self was full of prejudice in most mens ears and minds for that no Nation commonly could abide to hear of being under strange Governours and Governments he meant to acquit himself in this their Request as he had done in other matters before which was to lay down only the Opinions and Reasons of other men that had disputed this Affair on both sides before him and of his own to affirm or deny nothing And first of all against the Dominions of Strangers and Foreigners he said that he might discourse without end and fill up whole Books and Volumes with the Reasons and Arguments or at least wise with the dislikes and aversions that all men commonly had to be under strangers or to have any Aliens to bear Rule or Charge over them be they of what Condition State or Degree soever and in this he said that as well Philosophers Lawmakers wise and good men as others do agree commonly for that we see both by their Words Writings and Facts that they abhorr to subject themselves to strange Governments so as in all the eight Books of Aristotles's Politicks you shall still see that in all the different Forms of Commonwealths that he setteth down he presupposeth ever that the Government shall be by People of the self same Nation and the same thing do presume in like manner all those Law-makers that he there mentioneth to wit Minois Solon Lycurgus Numa Pompilius and the rest and he that shall read the Famous Invectives of Demosthenes against the pretentions of King Philip of Macedonia that desired to incroach upon the Athenians and other States of Greece as also his Orations against Aeschinos his Adversary that was thought secretly to Favour the said Foreign Prince shall see what Hatred that noble Orator had against Foreign Government and he that shall read the Books of our time either of the Italians when they spake of their Subjection in times past to the Lombardes German or French Nations or to the Spaniards at this day or shall consider what the French do presently write and inveigh against the Power of the House of Guyse and Lorayne in France for that they take them to be Strangers shall easily see how deeply this aversion against Strangers is rooted in their Hearts and this for Testimony of words But now if we will consider the Facts that have ensued about this matter and how much Blood hath been ●hed and what desperate Attempts have been taken in hand by divers Nations for avoiding their subjection to strangers or for delivering themselves from the same again if once they have faln into it you shall behold more plainly the very Impression of Nature her self in this Affair for of divers barbarous Nations Realms and Cities we read in Histories we read that they rather chose to slay and murder themselves than to be under the Dominion of Stranger others have adventured strange Attempts and Bloody Stratagems as the Sicilians who in one day and at the self same hour at the time of Evening S●ng slew all the French-men that were within the Island whom yet themselves had called and invited thither not long before And the like is recorded in our English Histories of killing the Danes by English men at one time in most ruful manner And the like was oftentimes thought on also by the English against the Normans when they Oppressed us and by the French against the English whiles we had Dominion in Fran●e though neither the one nor the other of these latter designments could be effectuated for want of Forces and Commodity by reason of the watchfulness of the contrary part But yet to speak only of France the Rage and Fury of the French was generally so great and implacable against the English that Governed there in the Reign of King Henry the VI. as both Polydor and other Histories do note ●t what time partly by the dissensions of the Houses of York and Lancaster in England and partly by the valour of their own new King Charles the VII they had hope to be rid of the English Dominion as no Perswasion or Reason no Fear of Punishment no Force of Arms no Promise or Threat no Danger no Pity no Religion no Respect of God nor Man could repress or stay them from rising and revolting every where against the English Government and Governours murthering those of the English Nation in all parts and corners wheresoever they found them without remorse or compassion until they were utterly delivered of their Dominion So as this matter is taught us say these men even by Nature her self that Strangers Government is not to be admitted and moreover the reasons before alledged against the King of Scotlands pretence together with the example and judgments of the Realms of Spain and Portugal who resolved rather to alter the true Order and Course of their Succession than to admit Strangers over them do plainly Confirm the same And last of all say these men the Authority of Holy Scripture is evident in this behalf for that when● God in Deuteronomy did fortel by Moses that the Jews in time would come to change their Government and to desire a King as other Nations round about them had he added yet this express Condition that he should be only of their own Nation for he saith Constitues eum quem Deus tuus el●gerit de numero fratrum tuorum non poteris altertus gentis hominem Regem facere qui non sit frater tuus that is Thou shalt make a King at that time such a one as thy Lord God shall chuse for that dignity out of the number of thy Brethren but thou mayst not make a King of any other Nation but of thy own Brethren
day though some men think that it cannot be very certain which part of the Nobility and Council will stick unto them for that many in heart are presupposed to favour the Puritan And for the Privy Council in particular though during the Princes Life their Authority be Supream yet is it not so afterward nor have they any publick Authority at all the Prince having once expired but only as Noblemen or Gentlemen according to each mans State and Calling in several and for the next Successor seeing none is known nor sworn in the Life of this Prince nor were it her safety that any should be clear it is that after Her Majesties decease every man is free untill a one wne be established by the Commonwealth which establishment doth not depend upon the appointment or will of any few or upon any mans proclaiming of himself for divers are like to proclaim themselves but upon a general consent of the whole Body of the Realm which how it will be brought to pass God only knoweth and to him we must commend it I do not know quoth he of any certain person pretendent to whom this Protestant Party is particularly devouted at this day more than to the rest though the House of Hartford was wont to be much favoured by them but of latter years little speech hath been thereof but rather of Ara●●lla whom the Lord Treasurer is said especially to be at this present though for himself it be held somewhat doubtful whether he be more fast to the Protestant or to the Puritan but if the Protestant Party should be divided then their Forces will be the less The Authority of Her Majesty is that which at this present overbeareth all when that shall fail no man knoweth what the event will be for that now mens hearts are hardly discerned Their Foreign Friends and Allies are of good number especially if the King of France proceed well in his Affairs and do not indeed change his Religion as he pretendeth that he will but yet if the Puritan do stand against them he is like to pull much from them both in France and Holland and as for Scotland it must needs be against them both and this in respect of his own pretence except the same be favoured by them I mean by these two Factions in England which is hardly thought that any of them both will do for the reasons before alledged though some more hope may be that way of the Puritan than of the Protestant by reason of the said Kings nearness to them in Religion The Puritan is more generally favoured throughout the Realm with all those which are not of the Roman Religion than is the Protestant upon a certain general perswasion that his Profession is the more perfect especially in great Towns where Preachers have made more impression in the Artificers and Burgesses than in the Countrey People And among the Protestants themselves all those that are less interessed in Ecclesiastical Livings or other Preferments depending of the State are more affected commonly to the Puritans or easily are to be induced to pass that way for the same reason The Person most favoured by the Puritans hitherto in common voice and opinion of men hath been the Earl of Huntington some speech of late of some diminution therein and that the Lord Beacham since his Marriage hath ent●ed more in affection with them The King of Scots no doubt if he were not a stranger and had not the difficulties before mentioned were for his Religion also very plausible I do not hear that the Earl of Darby or his Mother is much forward with these or with the Protestant though of the latter sort some are supposed to wish them well The Friends and Allies of the Puritans abroad are the same that are of the Protestant to wit those of Holland and Zeeland and such Towns of France as follow the new King and jointly have changed their Religion which are not many for that his greatest Forces are yet those of the Roman Religion but yet if the said King prevail and persevere in his Religion which of late as I have said is called in doubt by his often Protestations to the contrary and open going to Mass then will he be able to give good assistance though both these Countries I mean both Holland and France are likes in some mens opinions to assist the Puritan than the Papist if the matter come in difference between them for that in truth they are more conform to the Puritan Religion And as for the German Cities that keep y●t and follow the particular form of Luther in Religion they are like to do little for either Party both for their difference from both Parties in Religion and for that they are poor for the most part and not active nor provided to give succour abroad except they be drawn thereunto by force of Money The Puritan Part at home in England is thought to be most vigorous of any other that is to say most ardent quick bold resolute and to have a great part of the best Captains and Souldiers on their side which is a point of no small moment Greatly will import among other points which way inclineth the City of London with the Tower whereof the Puritan as is said wanteth not his probability as neither doth he of some good part if not more of the Navy to be at his devotion which point perhaps at that day will be of as great consequence as any thing else And so much of him The third Body of Religion which are those of the Roman who call themselves Catholicks is the least in shew at this present by reason of the Laws and Tides of the time that run against them but yet are they of no small consideration in this Affair to him that weigheth things indifferently and this in respect as well of their Party at home as of their Friends abroad for at home they being of two sorts as the World knoweth the one more open that discovers which are the Recusants and the other more close and privy that accommodate themselves to all external proceedings of the Time and State so as they cannot be known or at least wise not much touched We may imagine that their number is not small throughout the Realm and this party for the reason I mentioned before in that the most part of the Countr●y-People that live out of Cities and great Towns in which the greatest part of English Forces are want to consist are much affected ordinarily to their Religion by reason that Preachers of the contrary Religion are not so frequent with them as in Towns and partly also for that with these kind of men as with them that are most afflicted and held down at this time by the present State many others do joyn a● the manner i● omnes qui amaro anim● s●nt cum il●s se conjungunt as the Scripture said
of M●ubray ceased and the title of the D●ked●m of Norfolk was transferred afterward by King Richard the third unto the House of the Howard● Joh● de l● Poole Duke of Suffolk that married the 〈◊〉 of King Edward the fourth and was his great asisstant though he left three Sons yet all were extinguished without Issue by help of the House of York for that Edmond the eldest Son Duke of Suff●●k was beheaded by King Henry the eighth and his Brother Richard driven out of the Realm to his destruction as before hath been shewed and John their Brother Earl of Lincolne was slain at Stock-field in service of King Richard the third and so ended the Line of de la Pooles Richard ●ovel Earl of Salisbury a chief enemy to the House of Lancaster and exalter of York was taken at the battel of Wakefield and there beheaded leaving three Sons Richard John and George Richard was Earl both of Salisbury and Warwick surnamed the great Earl of Warwick and was he that placed King Edward the fourth in the Royal Seat by whom yet he was slain afterward at Barnet and the Lands of these two great Earldoms of Salisbury and Warwick were united to the Crown by his att●●inder John his younger Brother was Marquess of Montague and after all assistance given to the said King Edward the fourth of the House of York was slain also by him at Barnet and his Lands in like manner confiscated to the Crown which yet were never restored again George Nevel their younger Brother was Archbishop of York and was taken and sent prisoner by the said King Edward unto Guyens who shortly pined away and died and this was the end of all the principal friends helpers and advancers of the House of York as these men do alledge Wherefore they do conclude that for all these reasons and many more that might be alledged the title of Lancaster must needs seem the beter title which they do confirm by the general consent of all the Realm at King Henry the seventh his coming in to recover the Crown from the House of York as from usurpers● for having had the victory against King Richard they Crowned him presently in the Field in the right of Lancaster before he married with the House of York which is a token that they esteemed his title of Lancaster sufficient of it self to bear away the Crown albeit for better ending of strife he took to Wife also the Lady Elizabeth Heir of the House of York as hath been said and this may be sufficient for the present in this controversy CHAP. V. Of five Principal Houses or Lineages that do or may pretend to the Crown of England which are the Houses of Scotland Suffolk Clarence Britany and Portugal and first of all of the House of Scotland which containeth the pretentions of the King of Scots and the Lady Arabella HAving declared in the former Chapter so much as appartaineth unto the general controversie between the two principal H●●ses and Royal families of Lancaster and York it remaineth now that I lay before you the particular challenges claims and pretentions which divers houses and families descended for the most part of these two have among themselves for their titles to the same All which families may be reduced to three or four general heads For that some do pretend by the House of Lancaster alone as those families principally that do descend of the Line Royal of Portugal some other do pretend by the House of York only as those that are descended of George Duke of Clarence second Brother to King Edward the fourth Some again will seem to pretend from both Houses joyned together as all those that descend from King Henry the seventh which are the Houses of Scotland and Suffolk albeit as before hath appeared others do deny that these families have any true part in the House of Lancaster which point shall afterward be discussed more at large And fourthly others do pretend before the two Houses of York and Lancaster were divided as the Infanta of Spain Dutchess of Savoy the Prince of Loraign and such others as have descended of the House of Britany and France of all which pretences and pretenders we shall speak in order and consider with indifferency what is said or alledged of every side to and fro beginning first with the House of Scotland as with that which in common opinion of vulgar men is taken to be first and nearest though others deny it for that they are descended of the first and eldest daughter of King Henry the seventh as before in the third chapter hath been declared First then two persons are known to be of this house at this day that may have action and claim to the Crown of England The first is Lord James the sixth of that name presently King of Scotland who descended of Margaret eldest daughter of King Henry the seventh that was married by her first marriage to James the fourth King of Scots and by him had Issue James the fifth and he again the Lady Mary Mother to this King now pretendant The second person that may pretend in this house is the Lady Arabella descended of the self same Queen Margaret by her second marriage unto Archibald Douglas Earl of Anguis by whom she had Margaret that was married to Matthew Steward Earl of Lenox and by him had Charles her second Son Earl of Lenox who by Elizabeth daughter of Sir William Candish Knight in England had Issue this Arabella now alive First then for the King of Scots those that do favour his cause whereof I confess that I have not found very many in England do alledge that he is the first and chiefest pretender of all others and next in succession for that he is the first person that is descended as you see of the eldest daughter of King Henry the seventh and that in this descent there cannot bastardy or other lawful impediment be avowed why he should not succeed according to the priority of his pretention and birth And moreover secondly they do alledge that it would be greatly for the honour and profit of England for that hereby the two Realms of England and Scotland should come to be joyned a point long sought for and much to be wished and finally such as are affected to his Religion do add that hereby true religion will come to be more settled also and establishes in England which they take to be a matter of no small consequence and consideration and this in effect is that which the favours of this Prince do alledge in his behalf But on the other side there want not many that do accompt this pretence of the King of Scots neither good nor just nor any way expedient for the State of England and they do answer largely to all the allegations before mentioned in his behalf And first of all as concerning his title by nearness of succession they make little
the other reasons of exclusion which men do lay against the House of Scotland whereof one is urged much by the House of Suffolk and grounded upon a certain Testament of King Henry the eighth as before hath been touched by which Testament the said House of Suffolk that is to say the Heirs of the Lady Frances and of the Lady Eleanor Neeces to King Henry the eighth by his second Sister Mary are appointed to succeed in the Crown of England before the Heirs of Margaret the first Sister married in Scotland if King Henry's own Children should come to die without Issue as now they are all like to do and this Testament had both the Kings hand or stamp unto it and divers Witnesses names besides and was enrolled in the Chancery and was authorized by two Acts of Parliament two wit in the 28. and 35. years of King Henry in which Parliaments authority was given to the said King to dispose and ordain of this point of succession as he and his learned Councel should think best for the weal publick This is the effect of this Argument which albeit the former Books of Mr. Morgan and the Bishop of Ross and some other of the Scottish favourers do seek to refut by divers means and ways as before in the first chapter of this discourse is set down and especially by the Testimony of the Lord Paget and Sir Edward Montague that said the stamp was put unto it after the King was past sense yet they of of the House of Suffolk are not satisfied without that answer for that they say that at least howsoever that matter of the late sealing be yet seeing the King willed it to be done drawn out and sealed it appeareth hereby that this was the last Will and judgment of King Henry and not revoaked by him which is sufficient say these men to answer the intent and meaning of the Realm and the authority committed to him by the foresaid two Acts of Parliament for the disposing of the succession which two Acts say these men containing the whole authority of the Commonwealth so seriously and diliberately given in so weighty an affair may not in reason be deluded or overthrown now by the saying of one or two men who for pleasing or contenting of the time wherein they speak might say or guess that the Kings memory was past when the stamp was put unto his Testament which if it were so yet if he commanded as hath been said the thing to be done while he had memory as it may appear he did both by the Witnesses that subscribed and by the enrollment thereof in the Chancery no man can deny but that this was the King's last Will which is enough for satisfying the Parliaments intention as these men do affirm A fourth argument is made against the King of Scots Succession by all the other competitors jointly and it seemeth to them to be an argument that hath no solution or reply for that it is grounded upon a plain fresh Statute made in the Parliament holden in the 27 year if I erre not of her Majesty that now is wherein it is enacted and decreed that whosoever shall be convinced to conspire attempt or procure the death of the Queen or to be privy or accessary to the same shall lose all right title pretence claim or action that the same parties or their Heirs have or may have to the Crown of England Upon which Statute seeing that afterward the Lady Mary late Queen of Scotland Mother of this King was condemned and executed by the authority of the said Parliament it seeemeth evident unto these men that this King who pretendeth all his right to the Crown of England by his said Mother can have none at all And these are the reasons proofs and arguments which divers men do alledge against the right of succession pretended by the King of Scots But now if we leave this point which concerneth the very right it self of his succession by bloud and will come to examine other reasons and considerations of State and those in particular which before I have mentioned that his favourers do alledge utility and common good that may be presumed will rise to the Realm of England by his admission to our Crown as also the other point also of establishment of Religion by them mentioned then I say these other men that are against his entrance do produce many other reasons and considerations also of great conveniencies as to them they seem against this point of admission and their reasons are these that follow First touching the publick good of the English Commonwealth by the uniting of both Realms of England and Scotland together these men do say that it is very doubtful and disputable whether the state of England shall receive good or harm thereby if the said union could be brought to pass First for that the state and condition of Scotland well considered it seemeth that it can bring no other commodity to England then increase of Subjects and those rather to participate the commodities and riches of England then to import any from Scotland And then secondly the aversion and natural alienation of that people from the English and their ancient inclination to joyn with the French and Irish against us maketh it very probable that that subjection of theirs to the Crown of England would not long endure as by experience we have seen since the time of King Edward the first when after the death of their King Alexander the third without Issue they chose King Edward to be their King delivered their Towns and Fortresses into his hands did swear him Fealty received his Deputy or Vice-Roy as Polydor at large declareth And yet all this served afterward to no other effect but only Slaughter Bloud-shed and infinite Losses and Charges of England Thirdly they say That if the King of Scots should come to possess the Crown of England he cannot chuse at least for many years but to stand in great jealousie of so many other Competitors of the English Bloud-Royal as he shall find in England against whom he must needs fortifie himself by those other Foreign Nations that may be presumed to be most sure unto him though most contrary by natural inclination and least tollerable in Government to English-men as are the Scots of whom he is born and Danes wi●h whom he is allied and French of whom he is descended and of the uncivil Part of Ireland with whom one great part of his Realm hath most Conjunction the Authority and sway of which four Nations in England and over English-men what trouble it may work every wise man may easily conjecture Besides that the Scotch-men themselves especially those of the Nobility do openly profess That they desire not this Conjunction and Subordination unto England which in no wise they can bear both for the aversion they have to all English Government over them as also for that their Liberties are
elder Houses they hold this matter for very clear and all pretence of this House of Clarence utterly excluded Secondly the same opposite Houses do alledge divers Attainders against the principal Heads of the House of Clarence whereby their whole Interests were cut off as namely it is to be shewed in three descents one after another to wit in Duke George himself the first Head and Beginner of this House who was Attainted and Executed and then in the Lady Margaret Countess of Salisbury his Daughter and Heir who was likewise Attainted and Executed And thirdly in her Son and Heir Henry Poole Lord Montague put also to death from whose Daughters both the Earl of Huntington and his Brethren together with the Children of Sir Thomas Barrington do descend And albeit some may say that the said House of Clarence hath been restored in Bloud since those Attainders yet reply these men That except it can be shewed that particular mention was made of reabilitating the same to this pretence of Succession to the Crown it will not be sufficient as in like manner they affirm That the same restoring in Bloud if any such were hath not been sufficient to recover the ancient Lands and Titles of Honour which this House of Clarence had before these Attainders for that they were forfeited thereby to the Crown And so say these men was there forfeited thereby in like manner unto the next in Bloud not Attainted this Prerogative of succeeding to the Crown and cannot be restored again by any general Restauration in Bloud except special mention be made thereof even as we see that many Houses Attainted are restored daily in Bloud without restorement of their Titles and Dignities and a present Example we have in the Earl of Arundel restored in Bloud but not to the Title of Duke of Norfolk And this say the opposite Houses against this House of Clarence But now thirdly entreth in also against the Earl of Huntington the opposition of some of his own House which is of the Issue of Sir Geffrey Poole Brother to his Grand-father who say That when the Lord Henry Montague was put to death with his Mother the Countess of Salisbury and thereby both their Pretences and Titles cut off in them then fell such right as they had or might have upon the said Sir Geffrey Poole and not upon his Neece the Lady Katharaine Daughter of the Lord Henry his elder Brother and Mother of the Earl of Huntington and this for three Causes First for that he was not Attainted and so whether we respect his Grand-father George Duke of Clarence or his Great-grand-father Richard Duke of York the said Right in this respect is descended to him And secondly for that he was a degree nearer to the said Duke's Ancestors than was at that time his Neece Katharine which right of nearest Propinquity say these men is made good and lawful by all the Reasons Examples Presidents and Authorities alledged before in the fourth Chapter of this Conference in favour of Uncles before their Nephews And it shall not need that we speak any thing more of that matter in this place but only to remit your remembrance to that which herein hath been said before Fourthly they prove the same in favour of Sir Geffrey for that the Lady Katharine was a Woman and Sir Geffrey a man whose priviledge is so great in a matter of Succession as also hath been touched before that albeit they had been in equal degree and that Sir Geffrey were not a degree before her as he was yet seeing neither of them nor their Fathers were ever in possession of the thing pretended Sir Geffrey should be preferred as hath been shewed before by some Presidents and shall be seen afterwards in the Case of Portugal wherein the King of Spain that now is was preferred to the Crown for that only respect that his Competitors were Women and in equal degree of descent with him and he a Man And the very like Allegations of Propinquity I heard produced for the Lady Winifred Wife of Sir Thomas Barrington if she be yet alive to wit that she is before the Earl of Huntington and his Brethren by this reason of Propinquity in Bloud for that she is one degree nearer to the stock than they Fifthly and lastly both these and other Competitors do alledge against the Earl of Huntington as an important and sufficient bar against his pretence the quality of his Religion which is as they say that he hath been ever known to favour those who commonly in England are called Puritans and not favoured by the State but yet this stop is alledged diversly by Competitors of divers Religions For that such as are followers and favourers of the form of Religion received and defended by publick Authority of England at this day whom for distinction-sake men are wont to call by the name of moderate Protestants these I say do urge this Exclusion against the Earl of Huntington not upon any certain Law or Statute extant against the same but ab equo bono as men are wont to say and by reason of State shewing infinite inconveniencies hurts damages and dangers that must needs ensue not only to the present State of Religion in England but also to the whole Realm and Body-politick if such a man shall be admitted to govern And this Consideration of State in their opinion is a more forceable Argument for Excluding such a man then any Statute or particular Law against him could be for that this comprehendeth the very intention meaning and drift of all Laws and Law-makers of our Realm whose intentions must needs be presumed to have been at all times to have Excluded so great and manifest inconveniencies And thus they say But now those that are of the Roman Religion and contrary both to Puritan and Protestant do urge a great deal further this Argument against the Earl and do alledge many Laws Ordinances Decrees and Statutes both of the Canon and Imperial Laws as also out of the old Laws of England which in their opinion do debar all that are not of their Religion and consequently they would hereby Exclude both the one and the other Pretenders And in fine they do conclude that seeing there wanteth not also some of their own Religion called by them the Catholick in the House of Clarence they have so much the less difficulty to exclude the Earl of Huntington's person for his Religion if one of that House were to be admitted of necessity And this is so much as seemeth needful to be spoken at this time and in this place of this House of Clarence and of the Pretenders thereof It resteth then that I treat something also of the House of Britany and France which two Houses are joyned all in one for so much as may appertain to any Inheritance or Pretence to England or to any parcel or particular state thereof at home or abroad that may follow the
Deprivation by the Pope that soon after ensued as also by another Deprivation made by the Barons of his Realm as after shall be touched Furthermore they say That when Arthur Duke of Britain whom to this effect they do hold to have been the only true Heir at that time to the Kingdom of England was in Prison in the Castle of Roan suspecting that he should be murthered by his said Unkle King John he nominated this Lady Blanch his Cousin-jerman to be his Heir perswading himself that he by the help of her Husband Prince Lewis of France and her Father the King of Spain should be better able to defend and recover his or her right to the Crown of England than Eleanor his own Sister should be who was also in the hands of his said Unkle for that he supposed that she should be made away by himself shortly after as indeed the French Chronicler affirmeth that she was And howsoever this matter of Duke Arthur's Testament was yet certain it is that when he and his Sister were put to death the next in Kin that could succeed them in their right to England was this Lady Blanch and her Mother Queen Eleanor that was Sister to Arthur's Father Geffrey Duke of Britany for that King John their Unkle was presumed by all men to be uncapable of their Inheritance by his putting of them to death and Child he had yet none And this is the second point that these men do deduce for the Lady Infanta of Spain by the title of Queen Eleanor and her Daughter Blanch to whom the Infanta is next Heir A third Interest also the same men do derive to the Infanta by the actual Deposition of King John by the Barons and States of this Realm in the 16 th year of his Reign and by the Election and actual Admission of Lewis Prince of France Husband of Lady Blanch whom they chose with one consent and admitted and swore him Fealty and Obedience in London for him and for his Heirs and Posterity in the year 1217. and gave him Possession of the said City and Tower of London and of many other chief places of the Realm and albeit afterwards the most part of the Realm changed their minds upon the sudden death of the said King John and chose and admitted his young Son Henry III. a Child of 9 years old yet do the favourers of the Infanta say That there remaineth to her as Heir unto the said Lewis until this day that Interest which by this Election Oath and Admission of the Realm remained unto this Prince Lewis which these men affirm to be the very like case as was that of Hugo Capetus in France who came to be King especially upon a certain Title that one of his Ancestors named Odo Earl of Paris had by being once elected King of France and admitted and sworn though afterwards he was deposed again and young Charles surnamed the Simple was admitted in his place as Henry III. was in England after the Election of Lewis But yet as the other ever continued his Right and Claim till it was restored to Hugo Capetus one of his Race so say these men may this Infanta continue and renew now the Demand of King Lewis her Ancestor for that Titles and Interests to Kingdoms once rightly gotten do never die but remain ever for the Posterity to effectuate when they can And thus much of this matter But after this again these men do shew how that the said Infanta of Spain doth descend also from Henry III. son of King John by the Dukes of Britany as before in the second Chapter hath been declared and in the Arbor and Genealogy following in the end of this Conference shall be seen for that King Henry besides his two Sons Edward and Edmond which were the beginners of the two Houses of York and Lancaster had also a Daughter named Beatrix married to John the second of that Name Duke of Britany and by him she had Arthur II. and so lineally from him have descended the Princes of that House until their Union with the Crown of France and from thence unto this Lady Infanta of Spain that now is who taketh her self for proper Heir of the said House of Britany and Heir general of France as hath been said By this Conjunction then of the House of Britany with the Bloud-Royal of England the Friends of the Infanta do argue in this manner That seeing she descendeth of the Sister of these two Brothers which were the Heads of the two opposite Houses of Lancaster and York and considering that each of these Houses hath often-times been Attainted and Excluded from the Succession by sundry Acts of Parliament and at this present are opposite and at contention among themselves why may not this right of both Houses say these men by way of Composition Peace and Comprize at least be passed over to the Issue of their Sister which resteth in the Infanta Again they say That all these three Branches of the Lines to wit by the Lady Constance Daughter of King William the Conquerour by the Lady Eleanor Daughter of King Henry II. and by the Lady Beatrix Daughter of King Henry III. it is evident that this Lady the Infanta of Spain is of the true ancient Bloud-Royal of England and that divers ways she may have Claim to the same which being granted they infer That seeing matters are so doubtful at this day about the next lawful Succession and that divers of the Pretenders are excluded some for Bastardy some other for Religion some for unaptness to Govern and some for other Causes and seeing the Commonwealth hath such Authority to dispose in this Affair as before the Civil-Lawyer hath declared why may there not Consideration be had among other Pretenders of this noble Princess also say these men especially seeing she is unmarried and may thereby commodate many matters and salve many breaches and satisfie many hopes and give contentment to many desires as the world knoweth And this is in effect as much as I have heard alledged hitherto in favour of the Infanta of Spain but against this Pretence others do produce divers Arguments and Objections As first of all That these her Claims be very old and worn out and are but Collateral by Sisters Secondly That she is a Stranger and Alien born Thirdly That her Religion is contrary to the State Unto all which Objections the favourers aforesaid do make their Answers And to the first they say That Antiquity hurteth not the goodness of a Title when occasion is offered to advance the same especially ●n Titles belonging to Kingdoms which commonly are never presumed to die as hath been said and nullum tempus occurrit Regi saith our Law And as for Collateral Lines they say That they may lawfully be admitted to enter when the direct Lines do either fail or are excluded for other just respects as in our Case they hold that
most of their Subjects over which they Governed and unto whom they were most strangers that is to say unto such as were furthest off from them to those did they use always most favours and gave them most priviledges as both Wisdom and Reason of State did require for that those people had most ability to rise against them and to rebell so as this circumstance of being Strangers hurted them nothing but rather profited them much The like Rule of Policy and of State have all great Monarchies used ever since that is to say to shew most Favour to such Subjects as be most strangers and farthest from them and on the contrary side if any be to be pressed more than others to press and burthen them most that be most natural and nearest home and most under and in subjection and surest to obey and this is evidently seen felt and practised by all the great States this day of the World so as it cannot be denied For if we look but into France we shall find that the States of Gascony and Guyene which are farthest off from the Court and were once strangers and gotten by force from the English do pay far less Tributes at this day to the French King than those that be of the Isle of France it self and are properly French and in like manner the Britons which came to that Crown by Marriage and were old enemies do pay much less yet than the Gascoyns and in a manner do pay nothing at all and the Normans do pay somewhat more than any of the two for that they do lie somewhat nearer to Paris and thereby are more in subjection to the Prince though yet they pay less than the natural French-men The Candians also which is an Island apart and standeth under the Venetians do not pay the third part of the Impositions as by my own information I learned when I travelled Italy that do the natural subjects of the Venetian state in Italy What shall I say of the Kingdoms and States of Naples Sicily and Millain subject to the King of Spain called the Alcavall● which is the tenth penny of all that is bought and sold nor are they subiect to the Inquisition of Spain at l●est Naples and Millain nor to many other Duties Tributes and Impositions which the natural Spaniard is subject unto nor is there any Law or Edict made in Spain that holdeth in those Countries except it be allowed ratified and confirmed by those States themselves nor may any of their old Priviledges be infringed but by their own consents and when the King requireth any extraordinary Subsidies in Spain they bear no part thereof Whereupon these men do ask what it hurteth these States that they are strangers or under Strangers or what priviledge is it to the Spaniard at home that he is only under his home-born King if if he he receive less benefits by that than doth the Stranger And is not the like also used by the State of England towards Ireland are not the Favours and Indulgences used towards the Civil Irish that live in peace much more than to the English themselves in England For first their Taxes and Payments be much less the Laws of England bind them not except they be allowed and received by their own Parliament in Ireland For matters of Religion they are pressed much less than home-born Subjects albeit their Affections to the Roman Religion be known to be much more universal than it is in England In all Criminal Affairs and punishing of Delicts the manner of proceeding against the Irish is much more remiss mild and gentle than with the Subjects of England so as their being strangers seems rather a Priviledg than an hindranc eunto them But in no other Countrey is this thing more evidently to be considered than in the States of Flanders and low Countries which by Inheritance as hath been said came to be under foreign Government but so much to their good and advancement and that in a very few years as scarce is credible except to him that understandeth their former state when they were under their home-born Princes and do compare it with that which after they came unto under the house of Austria united unto the Crown of Spain For before for many hundred years a man shall read nothing almost in their Histories but War Sedition and Blood-shed among themselves and this either one state with another before they were united together all under one Prince or else with the Kingdom of France of whom in those days they depended or else and this most of all against their own Princes of whom some have been so fierce and cruel unto them as they have shed infinit quantity of their Blood and among others I read of their Count de Luys that in one day he put to death five hundred of them by sentence of Justice in Bruxel●es and another day within the same year he caused about a thousand to be burned to death in a Church of the Town of Nevel besides his infinite others whom in divers Battels and Skirmishes he slew so as oftentimes the Countrey lay almost desolate through their domestical afflictions But now since the time that the States came to be under Philip the first Archduke of Austria and after King of Spain and so remained under his Son Charles the Emperour and his Nephew Philip the II. that now liveth until the late Troubles and Rebellions which was about the space of fifty years that they so continued in Peace before their Rebellion it is almost incredible how those States increased in wealth peace and dignity so that as Guyc●●rdine the Italian Historiographer noteth in his description of those Countries the whole Wealth and Riches of the World seemed to flow thither and I my self can remember to have seen such exceeding abundance in very ordinary men of this Countrey both for their Diet Apparel Furniture of House and the like as was wonderful besides that for their Nobility they were all great Princes for that every one had his Province or great Town in Government which they ruled with that Pomp and Honour as if they had been Absolute Lords themselves by reason of the far distance of their Supream Prince and so they were received with publick Honour of all Cities and Towns and their Charges Born wheresoever they passed as such High Estates wont to be And albeit they had ever commonly a Stranger for Supream Governour among them under their King which bare the name to be above them yet did he indeed nothing but as they would have him and this partly for that his time of Goverment being but short he always attended principally to get the good wills of the people and to hold them conten●ed and thereby to be grateful to his King at his return home and partly also for that if he should attempt to do any thing against their Minds and liking they
same and as for Demosthenes no marvel though he were so earnest against King Philip of Macedonia his entry upon the Cities of Greece both for that he was well fed on the one side by the King of Asia as all Authors do affirm to the end he should set Athens and other Grecian Cities against King Philip as also for that his own Commonwealth of Athens was governed by popular Government wherein himself held still the greatest sway by force of his Tongue with the People and if any King or Monarch of what Nation soever should have come to command over them as Philip's Son King Alexander the Great did soon after Demosthenes should have had less authority than he had for that presently he was banished and so continued all the time that Alexander lived But if we do consider how this State of the Athenians passed afterward under the great Monarchy of Alexander and other his followers in respect that it did before when it lived in liberty and under their own Government only he shall find their State much more quiet prosperous and happy under the Commandment of a Strangers than under their own by whom they were continually tossed turmoiled with battels emulations and seditions and oftentimes tyrannized by their own People as the Bloody Contentions of their Captains Aristides Themistocles Alcibiades Pericles Nicias and others do declare and as it is evident among other things by their wicked Law of Ostracismus which was to banish for ten years whosoever were eminent or of more wisdom wealth valo●r learning or authority among than the rest albeit he had committed no crime or fault at all And finally their having of thirty most horrible and bloudy Tyrants at one time in their City of Athens instead of one Governour doth evidently declare the same say these men and do make manifest how vain and foolish an imagination it was that vexed them how to avoid the Government of Strangers seeing that no Strange Governour in the World would ever have used them as they used themselves or so afflict them as they afflicted themselves To the Objection out of Deuteronomy where God appointeth the Jews to chuse a King only of their own Nation these men do answer that this was at that time when no Nation besides the Jews had true Religion among them which point of Religion the Civilian hath well declared before in his last discourse to be the chiefest and highest thing that is to be respected in the admission of any Magistrate for that it concerneth the true and highest End of a Commonwealth and of all humane Society and for that the Gentiles had not this Ornament of true Religion but were all destitute generally thereof the Jews were forbidden not only to chuse a King of the Gentiles which might pervert and corrupt them but also to company converse or eat and drink with them and this was then but yet afterward when Christ himself came into the World and opened his Church both to Jew and Gentile he took away this restraint so as now all Christian Nations are alike for so much as appertaineth unto Government And consequently to a good and wise Christian man void of passion and fond affection it little importeth as often before hath been said of what Countrey Nation or Lineage his Governour be so he Govern well and have the parts before required of Piety Religion Justice Manhood and other the like requisite to his Dignity Degree and Charge by which parts and vertues only his subjects are to receive benefits and not by his Countrey Generation Lineage or Kindred and this is so much as I have to say at this time about this Affair CHAP. X. Other Secondary and Collateral Lines and how extream doubtful all these Pretences be and which of all these Pretenders are most like to prevail in the end and to get the Crown of England AFter the Lawyer had ended his Discourse about Foreign Government he seemed to be somewhat wearied and said he would pass no further in this Affair for that he had nothing else to say but only to note unto them that besides these principal Titlers of the five Houses mentioned of Scotland Suffolk Clarence Britanny and Portugal there were other Secondary Houses and Lines also issued out of the Houses of Lancaster and York as also of Glocester Buckingham and some other as may appear by the Genealogies set down before in the II. and III. Chapters of which Lines said he there may be perhaps oonsideration and also by Commonwealth when time shall come of choice or admission the matter standing so as the Civilian hath largely declared and shewed before which is that upon such just occasions as these are the Commonwealth may consult what is best to be done for her good and preservation in admitting this or that Pretender seeing that this is the end why all Government was ordained to benefit the Publick And for so much as there is such variety of Persons Pretendents or that may pretend in the five Houses already named as before hath been declared which Persons at least do make some dozen more or less and that besides these there want not others also of Secondary Houses as is evident as well by the former Discourse as also by the Arbor that of these matters is to be seen the Lawyer turned to affirm that the doubtful who shall in the end prevail for that besides the Multitude before-named of Pretenders he avouched very seriously that after all this his Speech he could not well resolve with himself which of all these Titles in true Right of Succession was the best and much less which of the Titlers was likest to prevail and this I presume the Lawyer told them of himself for that he did easily foresee and imagine that after all these Arguments on every side alledged he should be requested by the Company as vehemently he was to put down his opinion what he thought and judged of all the whole matter hitherto discussed and of every mans pretence in particular Which in no case he could be brought to do for a long time but refused the same utterly and craved pardon and yielded many Reasons why it was not convenient and might be odious But all would not serve to acquiet the Company which with all earnest importunity urged him to satisfie their Request and so upon large and earnest Entreaty he was content in the end to yield to this only that he would lay together by way of discourse the probabilities of every side and lastly set down in two or three Propositions or rather Conjecturs his private guess which of them in his judgment was likest to prevail First then he began to say that the probabilities of prevailing or not prevailing of every one of these Pretenders in the next Succession of the Crown of England these Pretenders may be considered and measured either in respect of the party of Religion that was like
of these that followed David's Retinue pursued by S●ul and his Forces which is to ●ay that all that be ●ffended grieved or any way discontented with the present time be they of what Religion soever do easily joyn with these men according to the old saying S●latium est miseris socios habere miseriae besides that there is ever lightly a certain natural compassi●n that followeth in men towards those that are thought to suffer or be pursued and this oftentimes in the very enemy himself and then of compassion springeth as you know affection and of affection desire to help as contrariwise do rise commonly the contrary effects to wit emulation envy and indignation against the prosperity of him that pursueth and is in prosperity And for that in so great and populous a Realm and large a Government as this of Her Majesty hath been there cannot want to be many of these kind of discontented men as also for that naturally many are desirous of Changes it cannot be supposed but that the number of this sort is great which maketh this Party far the bigger Moreover it is Noted that the much dealing with these men or rather against them and this especially in matters of their Religion for these latter Years pa●● hath much starred them up as also the like is to be noted in the Puritan and made them ●ar more ●●ger in defence of their Cause according to to the saying Nitimur in vetitum semper and as a little brook or river though it be but shallow and run never so quiet of it self yet if many barres and stops be made therein it swelleth and riseth to a greater force even so it seemeth that it hath happened here where also the sight and remembrance of so many of their Seminary Priests put to death for their Religion as they account it hath wrought great impression in their hearts as also the notice they have received of so many Colledges and English Seminaries remaining yet and set up of new both in Flanders France Italy and Spain for making of other Priests in place of the Executed doth greatly animate them and holdeth them in hope of continuing still their Cause and this at home As for abroad it is easie to consider what their Party and Confidence is or may be not only by the English that live in exile and have their Friends and Kindred at home but also principally by the affection of foreign Princes and States to favour their Religion whose Ports Towns and Provinces lie near upon England round about and for such a time and purpose could not want commodity to give succour which being weighed together with the known inclination that way of Ireland and the late Declaration made by so many of the Scotish Nobility and Gentlemen also to favour that Cause all these Points I say put together must needs perswade us that this Body is also great and strong and like to bear no small sway in the deciding of this controversie for the Crown when the time shall offer it self for the same And so much the more for that it is not yet known that these are determined upon any Person whom they will follow in that action nor as it seemeth are they much inclined to any one of the Pretenders in particular wherein it is thought that the other two Parties either are or may be divided among themselves and each part also within it self for that so different persons of those Religions do stand for it but rather it is thought that these other of the Roman Religion do remain very indifferent to follow any one that shall be set up for their Religion and is likest to restore and maintain the same be he Stranger or Domestical which determination and union in general among if they hold it still and persevere therein must needs be a great strength unto their Cause and give them great sway wheresoever they shall bend at that day as by reason is evident And so much of this matter It remaineth then that after these Considerations of the three Bodies in general we pass to view of each Family House and Person pretendent in particular and therein to contemplate what may be for him and what against him in this pretence and pursuit of the Crown And to begin first of all with the King of Scotland as with him who in vulgar opinion of many men is thought to be first and foremost in this action by way of Succession albeit others do deny the same and do make it very doubtful as before hath been declared yet if we do consider not his Title for of that we have spoken sufficiently before in the 5 th Chapter but other circumstances only of his Person State Condition and the like of which points only we are to treat in this place then must we confess that as on the one side there are divers points that may further him and invite men to favour his cause so wants there not other to hinder the same The points that may invite are his Youth his being a King his moderate nature in that he hath shed little blood hitherto his affection in Religion to such as like thereof and the like but on the other side the reasons of State before laid against him do seem to be of very great force and to weigh much with English-men especially those of his Alliance with the Danes and dependance of the Scotish Nation And as for his Religion it must needs displease two Parties of three before mentioned and his manner of Government therein perhaps all three As for Arabella in that she is a young Lady she is thereby fit as you know to procure good wills and affections and in that she is unmarried she may perhaps by her Marriage join some other Title with her own and thereby also Friends But of her self she is nothing at all allied with the Nobility of England and except it be the Earl of Shrewsbury in respect of Friendship to his old Mother in Law that is Grand Mother to the Lady I see not what Noble man in England hath any band of Kindred or Alliance to follow her And as for her Title it seemeth as doubtful as the rest if not more as by that which hath been said before hath appeared And for her Religion I know it not but probably it can be no great Motive either against her or for her for that by all likelyhood it may be supposed to be as tender green and flexible yet as is her age and sex and to be wrought hereafter and settled according to future events and times In the House of Suffolk the Lord Beacham and the Earl of Darby have the difference of Titles that before hath been seen and each one his particular reasons why he ought to be preferred before the other and for their other Abilities and Possibilities they are also different but yet in one thing both Lords seem to be like that being
not of the House of Lancaster The King of Scots forrain born The controversie about forrain birth How strangers may inherit Reasons why the statute toucheth not one case The Crown not holden by allegiance 5. Reason King Henrys Testament against the King of Scots Answers to the King's Testament The King of Scots excluded by the statute of association Joyning of England and Scotland together Polyd. lib 17. in vit Edw. l. Inconveniences of bringing Strangers into England A Consideration of Importance Polyd. Hist Ang. l. 8. 9. Example of Spain Garibay l. 29. c. 42. An. Dom. 1207. Example out of Portugal Garibay l. 34. c. 38. An. Dom. 1383. S●ow pa. 4. 54 59 90 76. Of ●he 〈◊〉 of Scotland Of the title of Lady Arabella An English Woman Against Arabella Not of the House of Lancaster The Testament of King Henry The countess of Darby nearer by a degree Illegitim●tion by ●●s●ardy The Testimony of the L. William Howard Other reasons of 〈◊〉 against Arab●l● 〈…〉 Polyd. l. 12. Garibay l. 12. c. 42. ● The Issue of Charles Brandon Issue of Lady Frances Stow an 7. Edon 6. The Issue of the Lady Katharine The Issue of Lady Eleanor Allegations of the Houses of Darby and Hartford the one against the other Charles Brandon had a Wife alive First Bastardy against the Issue of Hartford Stow in vit Edward An. 1553. 2 Bastardy 3 Bastardy The fourth Bastardy common to both Families of Suffolk The Answer of t●ose of Hartford to the foresaid Bastardies Of the marriage between the Earl of Hartford and the Lady Katharine Gray How the second Son of the Earl of Hartford may be legitimate Allegations of the House of Darby Why the Earl of Huntington●● House is 〈◊〉 to be of the House of Claren●e Issue of t●● House of Cl●rence Issue of ●i● Geffrey Poole The interest and pretence of the Earl of Huntington Objections against the Earl ●f Huntingt●n Restitution may be in bl●●d without restitution of dignity The Pretence of the Pooles against Huntington Objections of Religion The House of Britany The course of Inheritance in the Crown of France First pretence of the Infanta to England Polyd. in vit Guil. Ru●● Second pretence of the Infanta of Spain Pretence to Aquitain Polyd in vit Johan Garib in vit Alfons Pretences to England by Lady Blanch. Stow in vit Johannis Garib l. 12 c. 38. Pretence by Arthur Duke of Britany Belfor l 3. c. 71. Hist. Fran. Election of Lewis VIII to be King of England Po●yd l. 5. Hist. Angl. Hollings Stow in vit Johannis Belfor l. 2. c. 67. Girrard l. 5. Histor. Baudin an 891. chron France Pretence by Descent from Henry III. Admission by Composition Objections against the Infanta's pretence The Princes of Portugal are of the House of Lancaster The Issue of Lady Philippa Qu. of Portugal Issue of ●●hn of Gaunt 〈…〉 ●ee the Ar●●● 〈◊〉 ●he 〈…〉 Book The point of difficulty Issue of Catharine Swinford The principal question Answer Dutchy of Lancaster The Crown An example of Edward the sixth and of the Prince of Spain 〈◊〉 of 〈◊〉 of Portugal The Dukedom of Lancaster The Legiti●●●ion ●f C●th●rin Swinf●rds Chil●●●● no● lawf●l Stow in vit Ri●har 2. Garibay h●st Portugal l. 35. cap. 4. Note this example ●tow in vit Henrici 2. John of Gauntes Marriage with Catherine Swinford helpeth not the L●gitima●ion The Question between Lady Philippa and John of Somerset The Question between the Nephews 〈…〉 of 〈…〉 Portugal The proper Interest of King Henry the 4th cannot descend to King Henry the 7th Who are the Princes of Portugal and how they pretend ●o England The Issue of King Emmanuel of Portugal Issue of K. John the 3. of Portugal K. Lewis Father of Don Antonio K. Henry Cardinal The pretence of the Qunen Mother of France to Portugal Five Pretenders of the Crown of Portugal The contention about the Succession of Portugal Attorneys sent to Portugal A Sentence of Ill●●●imation against Don Antonio Writers of this Controversy The Causes why Don Antonio was pronounced Illegitimate Don Antonio his pretence to England Three principal pretenders of Portugal Pretences of the Duke of Parma For the Dutchess of Bragansa Representation excluded A Reply for ●he Du●e o● Pa●ma King Philip 's pretence to Portugal Divers allegations for King Philip. Hieron Frak● Jo. P●et Vipe● anus The case of pretence of the House of Portugal to England An objection with the answer Objections against the Pretenders of Portugal Answers Note this By what Title King Henry VII did enter About foreign power in England About Foreign Government The occasion of the next chapter about Foreign Government Reasons against foreign Government Polit. Arist. Demosthenis Philippicae in Aeschines Attempts to deliver Realms from strangers Quint. Curt. l. 5 6. de gest Alex. Vespere Sicilianae an 1265. Leand. in descript Siciliae Polyd. l. 8. Hollings in vit Camiti The rage of the French against the English The conclusion against Strangers Authority of Scripture against strangers Deut. 15. The answer in defence of foreign Government The effect of Governments to be considered and not the Governours An Example Little importeth the Subject of what Country his Governour is so he is good 1 Reg. 12. Not the Country but the good Government importeth Note these examples Who are properly Strangers Divers manners of being under Strangers To be undder strangers by Conquest How Conquerours do proceed towards ●he Conquered Polydor Virg. l. 8. Hist. Angliae Clemensy of the Romans Lib. 1. Macchab. ●ap 8. Strangers most favoured in wise Governments Gascoynes Britons Candians States o● Italy The condition of the Irish under the English Of the States of Flanders Girard du Ha●lan l. 18. an 1381. Prosperity of Flanders under the House of Austria In Gui●ciard nella descrittione delli pasi bassi The Authority of the Flomings at home The Indulgence mi●d ●o offenders 〈◊〉 ●landers The Spaniard punisheth less in Italy than nearer home V●ceroyes do give account of their Government Much slaughter of Nobility in England Execution of Nobility by Henry the eight Under King Edward and Queen Mary States governed happily by foreign Princes Old afflictions of Naples and Millain Whether a great or little Prince be better Pedro Mexio en vit de Antonio Pi●● The felicity of the Roman Government The second way of being under a foreign Prince A foreign Prince without Forces not prejudicial Note this utility of a foreign King The manner of foreign Prince more commodious for the present A third way of being under foreign Government 〈◊〉 of 〈◊〉 G●ve●●ent Incon●●●ence● of t●●s Government Strange Governo●●● desired in some Realm The Answer to objections against foreign Government Answer the Grecian Philosophers and Orators Demosthenes The troublsome state of the Grecian Cities Arist. l. 2. ●olit c. 1.2 ●●●wer to 〈◊〉 objection out of Deuteronomy Deut. 15. Secondary Lines Ambiguity of Prevailing Two Grounds of probability of speeding Three Religions in England The great Importance of Religion in this Action The next Change like to be difficult and why The consideration of the Protestant Party The Clergy The Council and Nobility Persons designed or favoured by the Protestant Party Foreign Friends of the Protestants Of the Party Puritan Persons affected by the Puritans External Friends Lutheran● The Puritan at home Those of the Roman Religion T●e R●man Party gr●at and w●y 1 Reg ●2 〈…〉 Friends and Allies abroad Considerations of 〈◊〉 Pretender in particular The King of Scotland Arabella The Lord Beacham and the Earl of Darby Alliance of the Earl of Darby A●●ance of the Seymers Alliance ●● the Stanleys A●l●ance of the old Countess of Darby The States of the Lord Beacham and the Earl of Darby 〈…〉 Lords The Earl of Huntington 〈◊〉 of the 〈…〉 ●unting●●● The Power of London Polydor. 24 Holingshed in vita Henrici VI. The Houses of Britain and Portugal Infanta of Spain Duke of Parma The Duke of Bragansa Power of foreign Pretenders The first Conjecture that there will be War and why Sup. c. 4. A consideration to be marked The second conjecture no main Battel probable The third Conjecture who is likest to prevail For the Infanta of Spain For the Earl of Hartfod's second Son Sup. c. 6. For the Children of the Countess of Darby Garibay l. a 5. c. 36 Polydor in rit Steph.