vvith litle intention of performance But in al good and vvel ordered common vveathes wher matters passe by reason conscience vvisdom and consultation and espetially since christian religion hath preuailed giuen perfection to that natural light vvhich morall good men had before in matters of gouerment since that tyme I say this point of mutual and reciprocal othes betvveene Princes and subiects at the day of ther coronation or admission for al are not crowned haue bin much more established made cleare and put in vre And this forme of agreement and conuention betwene the common vvealth and their christian head or king hath bin reduced to a more sacred and religious kinde of vnion and concord then before for that the vvhole actiō hath bin donn by Bishopes and ecclesiastical Prelats and the astipulation and promises made on both sides haue passed and bin giuen receaued and regestred vvith great reuerence in sacred places and with great solemnity of religious ceremonies vvhich before vvere not so much vsed though alvvayes ther weare some And therfore our examples at this tyme shal be only of christian common vvealthes for that they are more peculiarly to our purpose as you wil confesse First then to begin vvith the East or Greeke Emperors of Constantinople as the most anicient among other for that after the Empire once translated from Rome to Constantinople by our Constantine the great and the first Christian Emperor that euer did publiquely shew himselfe for such thes Greeke Emperors were the most eminent Princes of al christianity among vvhom I do finde that albeit ther comming to the crowne were nothing so orderly for the most part as at this day it is vsed but many tymes the meanes therof vvere turbulēt and seditious yet find I as I saye that aboue a thousand yeares gone they vvere wont to haue an oth exacted at their handes by the patriarck of Constantinople vvho was their chiefe Prelate for thus writeth Zonaras of the coronation of Anastatius the first that succeded Zeno about the yeare of Christ 524. Antequam coronaretur fidei confessionem scriptam qua polliceretur se in dogmatibus Ecclesiasticis nihil esse nouaturum ab eo exegit patriarcha Euphemius vir sanctus orthodoxus The Patriarch Euphemius being a holy and catholique man required of Anastatius elected Emperor before he was crowned a confession in writing wherin he should promisse to change or innouate nothing in matters perteyning to the doctrine of the church thus much Zonaras the same haue Nicephorus Euagrius others And not only this but diuers other conditions also doth the same author insinuate that this Anastatius promised at his corouation before he could be crowned as among other things the taking away of certaine tributs and impositions the giuing of offices without money and other like points appertayning to reformation and good gouerment vvhich he performed for a tyme in the beginning of his gouerment but after fel into the heresies of the Eutichians banished this same good Patriach Euphemius that had crowned him he thriued therafter for that he vvas slayne by a thunder bolt from heauē after he had reigned 7. yeares and vvas accompted for a very wicked man by al vvriters for that he had broken as they said the conditions quas graui iuramento scriptis relato confirmasset That is to say the conditions which he had confirmed auowed with a graue oth as sayeth Euagrius The like I read about 300. yeares after recorded by the same author of the Emperor Michael the first in thes wordes Michael vbi diluxit magnam ecclesiam ingressus à Patriarcha Nicephoro imperatorio diademate est ornatus postulaio prius scripto quo promitteret se nulla ecclesiae instituta violaturum neque christianorum sanguine manus contaminaturum Which is Michel new chosen Emperor came early in the morning into the great church of Constantinople and vvas crowned ther with the Emperial crowne by the handes of Nicephorus the Patriach but yet so as hs was first required to swear and promise by writing that he would not violate the ordināces of the church nor contaminat his hands with christian blood which in effect is as much to say as that he should reigne godly iustly and many other such examples might be alleaged but by this it is easy to see what vvas the fassion of admitting and crowning thos gretian Emperors by their Patriarkes in the name of al the common wealth which common wealth was not satisfied with an oth except also it were set downe in vvriting And if we passe to the latine west empyre which about this very tyme was restored by Zacharie the pope and by the whole common wealth of Rome as before hath bin shewed and was giuen to Charles the great and his posterity vve shal fynd that this point is more setled and more in-violably kept yet in this empyre thē in the other for albeit that this empire of the west vvent by succession for the most part at the begining vntil afterwards it vvas appointed by Pope Gregory the fifth to passe by the election of certaine Princes in Germanie that now enioy that priueledge to be electors yet shal vve see alwaies that they euen before this cōstitution when this dignity went by succession were neuer admitted to the same vvithout this circumstance of swearing to conditions of righteous gouerment the forme and manner of which admission for that I find it set downe more perfectly and particulerly in the coronation of Otho the first then of any other Emperor and that by many authors and that this Otho was sonne and heyre vnto the famous Emperor Henry the first of that name Duke of Saxonie surnamed the faulkner for the great delight he had in the flght of faucons for thes causes I meane to begin with the coronation of this man before any other This Otho then sonne as I haue said to Henry the first though being his eldest sonne he vvere also his heyre and so named by Henry him self to the inheritance of the said crowne of Germany yet was he not admitted thervnto vntil he had made his oth and receaued his new approbation by the people for so the story saith that the Archbishop of Moguntia who is the chief primate of al Germany bringing him to the aulter wher he must swear said thes vvords vnto the people Behold I bring you heare Otho chosen by God appointed out by his father Henry our Lord and now made king by al the Princes of this empire if this election please you do you signifie the same by boulding vp your handes to heauen Thus far are the vvordes of the historiographer and then he addeth that al held vp their handes and that theruppon the said archbishop turned ahout to the aulter vvher lay al the oruaments and ensignes of the empyre as the sword vvith the girdle the cloke vvith
to defend well ther realme and subiects then the others were But to proceede said he more distinctly and more perspicuously in this matter I would haue you cal to mynde one point among others which I alleaged before out of Girard the frēch author to wit that the king of france in his coronation is new apparaled three tymes in one day once as a prieste then as a iudge and last as a king armed Therby to signifie three thynges committed to his charge first religion then iustice then man-hood and chiualry for the defence of the realme This diuision semeth to me very good and fitt quoth he and to comprehend al that a wealpublique hath neede of for her happy state and felicity both in soule and body and for her end both supernatural and natural For by the first which is religion her subiects do attayne vnto their end spiritual supernatural which is the saluation of their soules by the second and third which are iustice and defēce they enioy their felicity temporal which is to liue in peace among them selues and safety from their enimyes for which cause it seemeth that these are the three points which most are to be regarded in euery Prince that commeth to gouerment and much more in him that is not yet admitted therunto but offreth himselfe to the common wealth for the same purpose And for that the later two of thes three points which are iustice man-hood hath bin often had in consideration in the examples of changes before mentioned and the first point which is religion hath rarely or neuer at al byn talked of for that in former tymes the prince and the people were alwaves of one and the same religion and scarse euer any question or doubt fel in that behalfe which yet in our dayes is the principal differēce and chiefest difficultie of al other for thes causes I say shal I accommodate my selfe to the circumstance of the tyme wherin we liue and to the present case vvhich is in question betwixt vs about the succession of Ingland and leauing a side those other two considerations of iustice and chiualry in a king vvhich are far lesse important then the other though yet so highly regarded by ancient cōmon wealthes as you haue hard I shal treate principally of religion in this place as of the first and highest and most necessary pointe of al other to be considered in the admission of any prince for the profit of his subiects for that without this he destroyeth al and vvith this albeit he should haue defects in the other two pointes of iustice and manhode yet may it be holpen or his defect or negligence maye be supplyed much by others as after I shal shew more in particuler but if he vvant feare of God or care of religion or be peruersly persuaded therin the domage of the weale publique is inestimable First of al then for better vnderstanding of this point vve are to suppose that the first cheefest and highest ende that God and nature appointed to euery common wealth vvas not so much the temporal felicity of the body as the supernatural and euerlasting of the soule and this vvas not only reuealed to the Iewes by holy scripture but also vnto the gentiles and heathens by the instinct and light of nature it selfe For by this light of natural reason the learned sort of them came to vnderstand the immortality of the soule that her felicity perfection and ful contentmēt which they called her final ende and summum bonum could not be in this life nor in any thing created vnder heauen but must needs be in the life to come and that by atteyning to enioy some infinite endles immortal obiect which could fully satisfie the appetite of our soule this could be no other then God the maker of al himselfe And that consequently al other things of this transitory life and of this humane common wealth subiect to mans eyes are ordeyned to serue and be subordinate directed to the other higher ende and that al mans actions in this vvorld are first of al and in the highest degree to be imployed to the recognising seruing and honoring of this great Lord that gouerneth the whole as author and end of al. To this light I say came the heathens euen by the instinct and direction of nature whereof insued that ther was neuer yet pagan Philosopher that wrote of framing a good common vvealth as Socrates Plato Plutarch Cicero and others nether lawmaker among them that left ordināces for the same purpose as Deucalion Minos Zaleucus Licurgus Solō Ion Numa or the like vvhich besides the temporal ende of directing thinges wel for the body had not especial care also of matters apperteyning to the mynde to vvit of nourishing honoring and revvarding of vertue and for restrayning and punishing of vice and vvickednes vvherby is euident that their end and butt was to make their cytizens good and vertuous which vvas a higher end then to haue a bare consideration of temporal and bodily benifits only as many gouernours of our dayes though Christians in name seeme to haue vvho pretend no higher end in ther gouerment then bodily vvealth and a certayne temporal king of peace and iustice among ther subiects vvhich diuers beasts also do reach vnto in ther congregations and common wealthes as is to be seeme among emetts and bees cranes lyons and other such creatures that by instinct of nature are sociable and do liue in company and consequently also do maynteyne so mnch order and pollicy in ther common vvealth as is needful for their preseruation and continuance But nature taught man a far higher and more excellent ende in his common wealth which was not only to prouide for thos bodily benefits that are common also to creatures without reason but much more for those of the mynd and aboue al for the seruing of that high and supreme God that is the beginning end of al the rest For whose seruice also they learned by the same instinct and instirutiō of nature that the chiefest and supremest honor that could be done vnto him in this life by man was the honor of sacrifice and oblations vvhich we see vvas begun and practised euen in those first beginnings of the law of nature before the leuitical law and the particuler formes of this same law were prescribed by Moyses For so we read in Genesis of Noë that he made an alter and offred sacrifices to God vppon the same of al the beastes and byrdes that he had in the arke odoratusque est Dominus odorem suauitatis and God receaued the smel of thes sacrifices as a sweet smel Which is to say that God was highly pleased therwith and the like vve reade of Iob that vvas a gentile and liued before Moyses Sanctificabat filios consurgensque diluculo offerebat holocausta per dies singulos He did sanctifie his
of Scotlands pretence together vvith the examples and iudgements of the realmes of Spayne and Portugal vvho resolued rather to alter the true order and course of their succession then to admit strangers ouer them do playnely confirme the same And last of al say these men the authoritie of holy scripture is euident in this behalfe for that vvhen God in Deutronomie did fortell by Moyses that the Iewes in tyme would come to change their gouerment and to desire a king as other nations rounde about them had he added yet this expresse conditiō that he should be only of their owne nation for he sayeth Constitues eum quem Dominus Deus tuus elegerit de numero fratrū tuorum non poteris alterius gentis hominem regem facere qui non sit frater tuus that is thow shalt make king at that tyme such a one as thy lord God shal chuse for that dignity out of the number of thy brethren but thovv mayst not make a king of any other nation but of thy owne brethren Thus say these men against admitting of strangers and it seemeth that their opinion and affection hath many followers for that generally we see most men affected and inclined this way But yet on the other side there wāt not other men vvho appeare bothe wise dis passionate graue that vvil seeme to consider this matter far otherwise and do say that al this is but a common vulgar preiudice of passionate men against strangers rysing partly by corruption of nature vvherby men are inclined to thinke euil of others and to beare them little affectiō especially such as gouerne and beare rule ouer them and so much the lesse by how much farther of they are from vs in kynred and acquaintance and partly also they saye that the same riseth of lacke of dew consideration in the most parte of men for that they weigh not the true reasons causes or effects of things but only the outward shew and so do runne away vvith the opinion and apprehensiō of the populer which for the most parte hath no other ground or foundation in it but only fancy and imagination orincitation of others that indeuour to procure tumults and so they say it falleth out in this pointe as vppon examination it shal appeare And for proofe and declaration of this their assertion they do require first of al that this ordinarie and common preiudice against strangers or strang gouerments be laid a side so long at least as the matter is in disputation and that only the true effects of good and profitable gouerment may be cōsidered without that other circumstance whether these frutes do come from stranger or hom-borne prince which effects are peace rest iustice defence of the innocent punishment of the wicked vvealth securitie and other such benefites that good gouerment is wont to bring with it to the subiects These things say these men are to be vveighed indifferently and vvithout passion by wisemen and vvheresoeuer these effects are more abundantly to be founde their the gouerment is best and their the subiects are in best case vvhatsoeuer the gouernours be or of what nation or country soeuer they be And this they shew by this example following If in two countryes or common wealthes lying nigh together the subiects of the one should liue in al ease vvealth and prosperity vnder a strainger as diuers states did vnder the Romans and in the other they should be beaten whipped and afflicted vnder a hom-borne prince as vve reade the Sicilians were vnder Phalaris and Dionisius their countrymen tyraunts cleare it is say these men that the stripes and afflictions vvould not seeme the easyer for that they come from a natural prince but rather the heauier and the others happye case vnder the strainger must needs seeme to be the better and consequently his gouerment rather to be wished for that in very truth the goodnes defect of euery gouerment is to be measured by the effects there of that redound vnto the subiects for vvhose good it vvas first ordeyned as oftentymes our frend the Ciuil lawyer hath touched and proued before And vvhen the subiects do liue vvel and prosperously are defended and maynteyned in peace saftie and vvealth when iustice is done equally to al men the vvicked punished and the good aduanced and rewarded when God is honoured and true religion mainteyned and vertue promoted this is that vvhich importeth the realme subiectes and not vvhere or in vvhat contrye the prince and his officers vvere borne or of vvhat nation language or kynred they be For that be the prince of vvhat linage or kynred soeuer yet after he is once established in his dignity the common subiect can haue no more conuersation vvith him nor receaue any more personal benefite of him then if he vvere a meere strainger except only by those commō and publique effects of his gouerment before mentioned for that so soone as he is placed in his dignity he becommeth a stranger to me and if he gouerne euel and afflict me litle auayleth it to me vvhether he be of my blood and country or no and I may say as the people of Israel in like case said vnto Roboam vvho for that he vvas king Dauids nephew and of the house of Isai thoughte his ftate assured for that he vvas their Lord and natural prince and so might presse and afflict them at his pleasures but they answered him plainly Que nobis parsin Dauid vel quae haereditas in filio Isai what part haue vve in Dauid or vvhat inheritance haue vve in the sonne of Isai and fo they left him and rather chose to be vnder Ieroboam a stranger and his seruant then vnder him This then is the first pointe which these men do demaund to vvit that vve consider equally and according to reason wisdome and truth without al partial affection vvhere by whō and by vvhat gouerment vve are likest to receaue and enioy the good and happie effects a boue mentioned of prosperitie to the subiect for that without al doubt say they that gouerment is to be deemed best and that subiection happiest vvhere those benifites are most enioyed let the prince or gouernour be of what nation or linage soeuer And on the other side that must needs be the vvoorst gouermēt vnto me vvhere I shal reape fewest and participat least of those effects be the prince neuer so much my country mā or kinsman and though he were borne in the same citie towne or house yea in the same belly with me As for example those men that liued say they in Spaine vnder king Peter the cruel or in Ingland vnder king Richard the third commonly called the tyrant what did it auayle them that those princes vvere of their owne country or blood seing they did that vnto them vvhich a strainger though neuer so barbarous would scarse haue done As in like manner al those
dangers of this kynde of forrayne gouermēt are and so they do answere to al the reasons and arguments alleaged in the beginning of this chapter against 〈◊〉 gouerment that either they are to be vnderstood and verified only of the third kinde of forraine gouerment before declared which these men do confesse to be dangerous or els they are founded for the most parte in the error and preiudice only of the vulgar sorte of men who being once stirred vp by the name of stranger do consider no furder vvhat reason or not reason there is in the matter and this say these men ought to moue vvisemen litle for as the common people did ryse in tumult against the french for example in Sicilia and against the Inglish in France and against the Danes in Ingland so vppon other occasions would they do also against their owne countrymen and often tymes haue so done both in Ingland other wher when they haue bin offended or vvhen seditious heades haue offred themselues to leade them to like tumults so that of this they say litle argument can be made The like in effect they do answere to the examples before alleaged of the Grecian Philosophers and orators that were so earnest against strangers And first to Aristotle they say that in his politiques he neuer handled expresly this our question and consequently weyghed not the reasons on both sides and so left it neither decided nor impugned and he that vvas master to Alexander that had so many forraine countryes vnder him could not wel condemne the same and as for Demosthenes no maruaile though he were so earnest against king Phillip of Macedonia his entry vppon the citties of Greece both for that he was wel feede on the one side by the king of Asia as al authors do affirme to the end he should set Athens and other Grecian citties against king Phillip as also for that his owne common wealth of Athens vvas gouerned by populer gouerment wherin himselfe held stil the greatest svvaye by force of his tonge with the people and if any king or Monarch of what nation soeuer should haue come to commaund ouer them as Phillipps sonne king Alexander the great did soone after Demosthenes should haue had lesse authority as he had for that presently he was banished and so continued all the tyme that Alexander lived But if vve do consider how this state of the Athenians passed afterward vnder the great monarchy of Alexander and other his followers in respect that it did before when it liued in libertye and vnder their owne gouerment only he shal finde their state much more quiet prosperous and happie vnder the commandement of a strainger then vnder their owne by whom they vvere continually tossed and turmoyled with bralles emulations and seditions and oftentymes tirannized by their owne people as the bluddy contentions of their Captaines Aristides Themistocles Alcibiades Pericles Nicias and others do declare and as it is euident amonge other thinges by their wicked lavv of Ostracismus which vvas to banish for ten yeares vvhosoeuer were eminent or of more vvisdome vvealth valour lerning or authority among them then the rest albeit he had committed no crime or fault at al. And finally their hauing of thirtie most horrible and bloody tyrants at one time in their citye of Athens in steede of one gouernour dothe euidently declare the same saye these men and do make manifest how vaine and foolish an imagination it was that vexed them how to auoyd the gouerment of straingers seing that no strainge gouernour in the vvorld vvould euer haue vsed them as they vsed themselues or so afflict them as they afflicted themselues To the obiection out of Deutronomy vvhet God appoynted the Iewes to chuse a king only of their owne nation these men do answere that this was at that tyme when no nation besides the Iewes had true religion amonge them which pointe of religion the Ciuilian hath wel declared before in his last discourse to be the cheifest and highest thing that is to be respected in the admission of any magestrate for that it concerneth the true and highest ende of a common vvealth and of al humane society and for that the Gentiles had not this ornament of true religion but were al destitute generally therof the Iewes were forbidden 〈◊〉 only to choose a king of the Gentiles 〈◊〉 might peruert and corrupt them but also 〈◊〉 companie conuerse or eate and drinke vvith them and this vvas then but yet aftervvard vvhen Christ himselfe came into the vvorld and opened his church both to Iew and gentile he tooke away this restraynte so as now al Christian nations are alike for so much as apperteyneth vnto gouerment And cōsequently to a good and wise Christian man void of passion and fonde affection it litle importeth as often before hath bin said of vvhat country nation or linage his gouernour be so he gouerne wel and haue the partes before required of pietie religion iustice manhoode and other the like requisite to his dignitie degree and charge by which partes and vertues only his subiects are to receaue benefits and not by his country generation linage or kynred and this is so much as I haue to say at this ryme about this affaire OF CERTAYNE OTHER SECONDARY AND COLLATERAL LINES AND how extreme doubt-ful all these pretences be and which of al these pretendors are most like to preuaile in the end to get the crowne of Ingland CAP. X. AFter the lawyer had ended his discourse about forraine gouerment he seemed to be somwhat wearied and said he vvould passe no further in this affaire for that he had nothing els to saye but only to note vnto them that besides these principal titlers of the fiue houses mentioned of Scotland Suffolke Clarence Britanie and Portugal their were other secondary houses and lines also issued out of the houses of Lancaster and Yorke as also of Glocester Buckingam and some other as may appeare by the genealogies set downe before in the 2. and 3. chaptres of which lines sayd he their may be perhapps consideration had also by the common wealth when tyme shal come of choise or admission the matter standing so as the Ciuilian hath largly declared shewed before which is that vppon such iust occasions as these are the common vvealth may consult what is best to be done for her good and preseruation in admittinge this or that pretender seing that this is the end why al gouerment was ordeyned to benefite the publique And for so muche as their is such variety of persons pretendēts or that may pretend in the fiue houses alredy named as before hath byn declared which persons at least do make some dosen more or lesse and that besides these their want not others also of secondary houses as is euident as vvell by the former discourse as also by the arbor that of these matters is to be seen the lawyer turned
therof but rather of Arbella whom the Lord Treasoreris sayd especially to fauour at this present though for himselfe it be held somvvhat doubtful whether he be more fast to the protestant or to the puritan but if the protestant partye should be deuided then their forces wil be the lesse The authority of her maiestie is that which at this present ouer beareth al whē that shal fayle no man knoweth what the euent vvilbe for that now mens hartes are hardly descerned There forrayne frends and allies are of good number especially if the king of France proceed well in his affayres and do not in deede change his religion as he pretendeth that he wil but yet if the puritan do stande against them he is like to pull much from them both in France and Holland and as for Scotland it must needes be agaynst them both and this in respect of his owne pretence except the same be fauoured by them I meane by these two factions in Ingland which is hardly thought that any of them both wil do for the reasons before alleaged though some more hope may be that way of the puritan then of the protestant by reason of the said kings neernes to them in religion The puritan is more generally fauoured through-out the realme with al those vvhich are not of the Roman religion then is the protestant vppon a certayne general perswasion that his profession is the more perfect especially in great townes where preachers haue made more impression in the artificers and burgesses then in the country people And among the protestants themselues al those that are lesse interessed in Ecclesiastical liuings or other preferments depending of the state are more affected commonly to the puritans or easily are to be induced to passe that way for the same reason The person most fauoured by the puritans hitherto in common voice and opinion of men hath bin the earle of Huntington some speech of late of some diminution therin and that the Lord Beacham since his marriage hath entred more in affection with them The king of Scotts no doubt if he were not a strainger and had not the difficulties before mentioned were for his religion also very plausible I do not heare that the earle of Darby or his mother is much forward with these or with the protestant though of the later sort some are snpposed to vvish them vvell The frendes allies of the puritan abroade are the same that are of the Protestant to wit those of Holland and Zealand and such townes of France as follow the new king and ioyntly haue chainged their religion which are not many for that his greatest forces are yet those of the Roman Religion but yet if the sayd king preuaile and perseuer in his religion which of late as I haue sayde is called in doubt by his often protestations to the contrary and open going to masse then wil he be able to giue good assistance thoughe both these countryes I meane both Holland and France are liker in some mens opinions to assist the puritan then the protestant if the matter come in difference betweene them for that in truth they are more conforme to the puritan religion And as for the German citties that kepe yet and follow the particuler forme of Luther in religion they are like to do little for either partye both for their difference from both partyes in religion and for that they are poore for the most part and not actiue nor prouided to giue succur abroad except they be drawne thervnto by force of money The Puritan parte at home in Ingland is thought to be most vigorouse of any other that is to say most ardent quick bold resolute and to haue a great part of the best Captaines and souldiers on their side which is a pointe of no smal moment Greatly wil import among other poyntes which waye inclineth the cittye of London with the tower wherof the puritan as is sayde wanteth not his probability as neither doth he of some good part if not more of the nauy to be at his deuotion which point perhapps at that day vvilbe of as greate consequence as any thing els so much of him The third body of religion which are those of the Roman who cal thēselues Catholiques is the least in shew at this present by reason of the lawes and tydes of the tyme that runne agaynst them but yet are they of no smal consideration in this affaire to him that weigheth thinges indifferently and this in respect as wel of their partye at home as of their frends abroade for at home they being of two sortes as the vvorld knoweth the one more open that discouer themselues which are the recusants and the other more close and priuy that accommodate themselues to al external proceedings of the tyme and state so as they cannot be knowne or at least wise not much touched we may imagine that their nūber is not smal throughout the realme and this partly for the reason I mentioned before in that the most part of the country people that liue out of cittyes and great townes in which the greatest part of Inglish forces are wont to consist are much affected ordinarily to their religion by reason that preachers of the contrarie religion are not so frequent with them as in townes and partly also for that with these kinde of men as with them that are most afflicted and held downe at this tyme by the present state many other do ioyne as the manner is omnes qui amaro animo sunt cum illis se coniungunt as the scripture sayd of those that followed Dauids retinew pursued by Saul and his forces which is to say that al that be offended greued or any way discontented with the present tyme be they of what religion soeuer do easely ioyne with these men according to the old saying Solatium est miseris socios habere miseriae besides that their is euer lightly a certaine natural cōpassion that followeth in men towards those that are thought to suffer or be pursued and this oftentymes in the very enimye himselfe and then of compassion springeth as you know affection and of affection desire to helpe as contrary wise do rise commonly the contrary effects to vvitt emulation enuy and indignation against the prosperity of him that pursueth and is in prosperitie And for that in so great and populous a realme and large a gouerment as this of her maiestie hath byn there cannot want to be many of these kinde of discōtented mē asalso for that naturally many are desirous of changes it cannot be supposed but that the number of this sorte is great which maketh this party far the bigger Moreouer it is noted that the much dealing with these men or rather against them this especially in matters of their religion for these later yeares past hath much stirred them vp as also the like is to be
wealth others further of admitted in their places euen in those kingdomes where succession preuaileth with many examples of the kingdomes of Israel and Spayne Cap. 7. fol. 140. Of diuers other examples out of the states of France Ingland for proofe that the next in blood are sometymes put back from succession and how god hath approued the same with good successe Cap. 8. fol. 164. VVhat are the principall points which à cōmō wealth ought to respect in admitting or excluding any Prince wherin is handled largly also of the diuersitie of religions and other such Causes Cap. 9. fol. 197. THE CONTENTS OF THE SECOND BOOKE THe preface with the intention protestation of the Lawyer to treat this matter without the hurt or preiudice of any Of diuers bookes treatises that haue bin written heretofore about the titles of such as pretende the crowne of Ingland and what they do conteyne in fauour or disfauour of diuers pretendors Cap. 1. fol. 1. Of the succession of the crowne of Ingland from the conquest vnto the tyme of king Edward the third with the beginning of three principal linages of the Inglish blood royal dispersed into the houses of Britanie Lancaster and Yorke Cap. 2. fol. 12. Of the successiō of Inglish kings frō king Edward the third vnto our dayes with the particuler causes of dissention betweene the families of Yorke and Lancaster more largly declared Cap. 3. fol. 37. Of the great and general controuersie and contention betweene the said two houses royal of Lancaster and Yorke and which of them may seeme to haue had the beteer right to the crowne by way of succession Cap. 4. fol. 56. Of fiue principal and particuler houses or linages that do or may pretend the crowne of Ingland at this day which are the houses of Scotland of Suffolck of Clarence of Britanie and of Portugal and first of al the house of Scorland which conteyneth the pretentions of the king of Scotts of the Lady Arbella Cap. 5. fol. 107. Of the house of Suffolke conteyning the clayme 's aswel of the countesse of Darby and of her children as also of the children of the earle of Hartfort Cap. 6. fol. 130. Of the houses of Clarence and Britany which conteyneth the claymes of the carle of Huntington and of the Lady Infanta of Spayne and others of these two families Cap. 7. fol. 141. Of the house of Portugall which conteyneth the clayme 's as well of the king and Prince of Spayne to the succession of Ingland as also of the dukes of Parma and Bragansa by the house of Lancaster Cap. 8. fol. 160. VVhether it be better to be vnder a forraine or hom-borne Prince and whether vnder a great and mightic monarch or vnder a little Prince or king Cap. 9. fol. 193. Of certayne other secondary or collateral lines and how extreme doubtfull at the pretences be and which of all thease pretenders are most like by probability to preuaile in the end to get the crowne of Ingland Cap. 10. fol. 233. THE PREFACE CONTEYNING THE OCCASION OF THIS TREATIS with the subiect purpose and partes therof THER chaunced not long ago I meane in the monethes of Aprill and May of this last yeare 93. to mete in Amsterdam in Holland certayne Gentlemen of diuers nations qualities and affections as wel in religion as otherwise yet the most part Inglish and Irish and they had bine in diuers countries studied different artes and followed vnlike professions some of souldiars some of lawyers both temporal ciuil others of meere trauelors to learne experience and pollicy And for that the aduises which dayly came from Ingland at that tyme the parlament being then in hand gaue occasion to discourse of Inglish affaires they fell into diuers poyntes concerning the same but yet none was treated so largly or so seriously as was the matter of succession and competitors to the crowne for that it was presumed a great while that some thing would be determined thereof in that parlament though one or two of the wisest of that company held euer the contrary opinion But when at lenght newes was brought that nothing at al had bin done therin but rather that one or two as was reported had bin checked or committed for speaking in the same then came it in question among thes Gentlemen what should be the causes of such proceding in a matter so waighty and so necessary for al Inglish men to know But two Gentlemen Lawyers of the company one of the common law and the other a Ciuilian alleaged so many reasons for iustifying the Queenes Maiesties doings in this behalfe as al did seeme satisfied for that it was made playne that it could not stande with the safety eyther of her Maiesty or of the realme or of the party himselfe who should be preferred that any declaration of heyre apparent should be made during the life of her Maiesty that now is how dangerons soeuer the delay therof may be estemed for the tyme to come And so the end of this speach brought in presently the begining of an other to wit what weare like to be thes dangers and who might be likest of the pretendors to preuaile after her Maiestie about which matter ther was much discoursed by diuers parties but the conclusion of al was that both thes poyntes remayned very doubtful but much more the second who should preuaile of the competitors which they said did make the former poynt lesse doubtful of the multitude of dangers that therby did hang ouer the common wealth of Ingland though it wanted not doubt also in particuler what and where they should fal for said they whersoeuer many pretenders of the blood royall are knowne to be competitors to a crowne ther cannot chuse but many perilles also must be imminent to the realme To this one of the company said that he did not see how ther could be eyther so many pretenders to the crowne as the day before had bin spoken of in that place for the commō lawyer before named newly come out of Ingland had tould them that he had hard of some 9. or 10. or more plotts that were debated within the realme for so many pretenders or yf ther were any such great number descended of the blood royall yet their titles could not be so doubtfull seing it was an easy matter to discerne who was next in discent of blood and who not Not so easy quoth this Gentleman lawyer for that although it cannot be denyed but that ther is among al such as may pretend at this day a certayne knowne order and degree of neernes in blood to some king or Queene that hath possessed the crowne before them and in this discent it is knowne also commonly who descendeth of the elder house and who of the yonger and other such like vulgar circumstances yet notwithstanding for that ther be many other poyntes considerable in this affaire as the right of the first
to haue my part with Iudas as also with the leptosye of Giezi and with the feare and trembling of damned Cain and besides al this I shal be subiect to al punishments that are ordeyned in the lawes of their Maiestyes concerning this affaire This oth did al the gouernours of christian countryes take in old tyme vvhen christian Emperors did florish and it hath remayned for a law and president euer since to al posterity And if we ioyne this vvith the other othes before set downe in the fift chapter vvhich Emperors and kings did make themselues vnto their ecclesiastical Prelates at their first admissiō about this point vve should see nothing vvas so much respected in admission of a prince or Gouernor nor ought to be as religion for that as I haue said before this is the chiefest greatest highest ende of euery common vvealth entended both by God and nature to assist their subiects to the atteyning of their supernatural ende by honoring and seruing God in this life and by liuing vertuously for that otherwise God should draw no other srute or commodity out of humane common vvealthes then of an assembly of brutish creatures maynteyned only and gouerned for to eate drink and liue in peace as before hath bin declared But the end of man being far higher then this it followeth that what-soeuer prince of magestrate doth not attend vvith care to assist and helpe his subiects to this ende omitteth the first and principal part of his charge and committeth high treason against his lord and master in whose place he is and consequently is not fitt for that charge and dignity though he should performe the other two partes neuer so vvel of temporal iustice and valor in his person vvhich two other poyntes do apperteyne principally to the humane felicity and baser ende of mans weale publique and much more of a christian Heerof it insueth also that nothing in the vvorld can so iustly exclude an heyre apparent from his succession as want of religion nor any cause what so-euer iustifie and cleare the conscience of the common wealth or of particuler men that in this case should resist his entrance as if they iudge him faulty in this pointe which is the head of al the rest and for vvhich al the rest do serue You do remember that before I compared an heyre apparent vnto a spouse betrothed only and not yet marryed to the common vvealth Which espousal or betrothing according to allaw both diuine and humane may be broken and made voyd much easier and vppon far lesser causes then an actual perfect marying may of vvhich our sauiour himselfe said Quos Deus coniunxit homo non seperat vvhom God hath ioyned let to man seperate and yet sainct Paule to the Corinthians determineth playnely that if tvvo gentiles marryed together in ther gentility vvhich none denyeth to be true mariage for so much as concerneth the ciuil contract and afterward the one of thē being made a christiā the other vvil not liue with him or her or if he do yet not vvithout blaspheming of God tempting him to sinne in this case I say the Apostle teacheth and out of him the canon law setteth it downe for a decree that this is sufficiēt to break dissolue vtterly this heathē mariage although cōsummate betwene these two parties and that the christian may mary againe and this only for the want of religion in the other party vvhich being so in actual mariage alredy made and cōsummate how much more may it serue to vndoe a bare betrothing which is the case of a 〈◊〉 only to a crowne as before hath bin shewed But you may say perhaps that sainct Paule speaketh of an infidel or heathen that denyeth Christ playnely and vvith vvhom the other party cannot liue vvithout danger of sinne and leesing his fayth vvhich is not the case of a christian Prince though he be somevvhat different from me in religion to vvhich is answerd that supposing ther is but one only religion that can be true among christians as both reason and Athanasius his Crede doth playnely teatch vs and moreouer seing that to me ther can be no other fayth or religiō auaylable for my saluation then only that vvhich I my selfe do beleene for that my owne conscience must testifie for me or against me certaine it is that vnto me and my conscience he vvhich in any pointe beleeueth otherwise then I do and standeth vvilfully in the same is an infidel for that he beleueth not that vvhich in my fayth and conscience is the only and sole truth vvherby he must be saued And if our sauiour Christ himselfe in his gospell doth vvil certayne men to be held for heat hens not so much for difference in fayth and religion as for lack of humility obediēce to the church how much more may I hold him so that in my opinion is an enimye to the truth and conse quently so long as I haue this opinion of him albeit his religion vvere neuer so true yet so long I say as I haue this contrary perswasion of him I shal do against my conscience and sinne damnably in the sight of God to preferr him to a charge where he may draw many other to his owne error and perdition vvherin I do perswade my selfe that he remayneth This doctrine vvhich is common among all diuines is founded vppon that discourse of S. Paule to the Romans and Corinthians against such christians as being inuited to the banquetts and tables of gentiles and finding meates offred to Idoles which themselues do iudge to be vnlawful to eate did yet eate the same both to the scandal of other infirme men ther present as also against their owne iudgmēt and conscience which the Apostel saith vvas a damnable sinne and this not for that the thing in it selfe was euel or vnlawful as he 〈◊〉 but for that they did iudge it so and yet did the contrary Qui discernit si manducauerit damnatus est saith the Apostle He that discerneth or maketh a difference betwene this meat and others as iudging this to be vnlawfull and and yet eateth the same he is damned that is to sav he sinneth damnably or mortally Wherof the same Apostle yealdeth presently this reason Quiae non ex fide for that he eateth not according to his faith or beleefe bnt rather contrary for that he beleuing it to be euel and vnlawful doth notwithstanding eate the same and heere vppon S. Paul inferreth this vniuersal proposition Omne autem quod non est ex fide peccatum est al that is not of fayth or according to a mans owne beleefe is sinne to hym for that it is against his owne cōscience iudgmēt beleefe beleeuing one thing and doing an other and seing our owne conscience must be our witnes at the last day to condemne or deliuer vs as before I haue said he must needs sinne greuously or
damnably as the Apostle here saith vvho committeth any thing against his owne conscience though otherwise the thing vvere not only indifferent but very good also in it selfe for that of the doers part ther vvanteth no malice or wil to sinne seing he doth that which he apprehendeth to be naught though in it selfe it be not And now to apply al this to our purpose for Ingland and for the matter we haue in hand I affirme and hold that for any man to giue his helpe consent or assistance towards the making of a king whom he iudgeth or beleueth to be faultie in religion consequently would aduance either no religion or the wrong if he were in authority is a most greuous and damnable sinne to him that doth it of what side soeuer the truth be or how good or bad so euer the party be that is preferred For if S. Paul haue pronounced so absolutely and playnly in the place before alleaged that euen in eating of a peece of meat it is damnable for a man to discerne and yet to eate what may we thinke wil it be in so great and important a matter as the making of a king is for a man to dissemble or do against his owne conscience iudgmēt that is to say to discerne and iudge that he is an infidel or heritique or wicked mā or A theist or erronens in religion and yet to further his aduancement and gouerment ouer christians wher he shal be able to peruert infinite and to pull downe al honor seruice dew vnto God and vvhether he do this euel afterwards or not yet shal I be guyltie of al this for that knowing and persuading my selfe that he is like or in disposition to do it yet for feare flattery carelesnes kinred emulation against others vaine pretence of title lacke of zeale to gods cause or for other the like passions or temporal respects I do fauour further or sooth him in his pretēces or do not resist him when it lyeth in my power by al vvhich I do iustly make my felfe guyltie of al the euills hurts miseries and calamities both temporal and spiritual vvhich afterward by his euel gouerment do or may ensew for that I knowing him to be such a one did notwithstanding assist his promotion And thus much now for matter of cōscience but if we consider reason of state also and wordly pollicie it can not be but great folly ouersight for a man of what religion soeuer he be to promote to a kingdome in which himselfe must liue one of a contrary religion to himselfe for let the bargaines and agreements be vvhat they wil and fayre promises vayne hopes neuer so great yet seing the prince once made and setled must needes proceede according to the principles of his owne religion it followeth also that he must come quickly to break with the other party though before he loued hym neuer so vvel which yet perhapps is very hard if not impossible for tvvo of different religions to loue sincerly but if it vvere so yet so many ielosies suspitions accusations calumniations and other auersions must needes light vppon the party that is of different religion from the state and Prince vnder whom he liueth as not only he cānot be capable of such preferments honors charges gouerments and the like which men may deserue and desyer in their commō wealthes but also he shal be in continual danger and subiect to a thousand molestations and iniuries which are incident to the condition and state of him that is not currant whith the course of his prince and realme in matters of religion and so before he beware he becommeth to be accompted an enimye or backward man which to remedy he must ether dissemble deeply and against his owne conscience make shew to fauour and set forward that vvhich in his hart he doth detest vvhich is the greatest calamitie misery of al other though yet many tymes not sufficient to deliuer him from suspition or els to auoyd this euerlasting perdition he must break withal the temporal commodityes of this life and leaue the benifits which his countrey and realme might yeld him and this is the ordinary end of al such men how soft sweet soeuer the beginnings be And therfore to conclude at length al this tedious speech vvherwith I feare me I haue wearied you against my wil seeing ther be so great inconueniences and dangers both temporal and eternal and in respect both of God and man of body and soule as hathe bin declared to aduance a prince of contrary religion to the crowne and cōsidering that in Ingland ther is so great diuersitie of religions as the world knoweth betweene these parties and factions that haue to pretende or admitt the next prince after her Maiestie that now is calling to mynd also the great liberty scope and authority which the common vvealth hath in admitting or reiecting the pretenders vpon dew considerations be ther right of succession neuer so playne or cleare as before hath bin shewed and laying finally before our eyes the manifold and different actes of christiam realmes before mentioned in this affaire al thes things I say being layd together you may see whether I had reason at the beginning to thinke and affirme that it was a doubtful case who should be our next prince after the Queenes Maiestie that now sitteth at the sterne and if beyond and aboue al this that I haue said our frend the common lawyer heere present shal proue also as at the first enterance he promised that amōg such as do or may pretend of the blood royal at this daye their true succession and next propinquity by birth is also incertayne and disputable then is the matter made ther-by much more ambigious and God only knowhwho shal preuaile and to him only is the matter to be commended as far as I see and vvith this I make an ende thanking you most harrely for your patience and crauing pardon for that I haue bin ouer long or for any other fault that in this speach I haue committed FINIS THE PREFACE OF THE SECOND PARTE THE Ciuilian had no sooner ended his discourse but al the company being most desirous to here what the temporal lawyer had prepared to say about the seueral titles of the present pretendors to the crowne of Ingland began with one accord to request him earnestly for the performance of his promised speach in that behalfe who shewing himselfe nether vnwilling nor vnready for the same told them that he was content to yeald to their desyers but yet with one condition which was that he would take in hand this matter with the same asseueration and protestation with the Ciuilian in some occasions had vsed before him and it liked him wel to wit that hauing to speak in this discourse of many princes peeres and nobles of the royal blood of Ingland to al which by law of nature equity and reason
vvhich they hold that he is excluded by the common lawes of Ingland from succession to the crowne for that the said lawes do bar al strangers borne out of the realme to inherite within the land and this is an argumēt hādled very largely betweene the foresaid bookes of M. Hales M. Morgan and my lord of Rosse for that the same doth concerne much the pretentions and claymes of diuers others that be strangers also by birth and yet do pretend to this succession as before hath bin declared I shal repeate breefly in this place the summe of that vvhich is alleaged of both parties in this behalfe First then to the general assertion that no stranger at al may inherite any thing by any meanes in Ingland the said bookes of M. Morgan my lord Rosse do answere that in that vniuersal sense it is false for that it appeareth playnely by that vvhich is ser downe by law in the seuēth nynth yeares of king Edward the fourth in the eleuēth fourteēth of K. Hēry the fourth that a stranger may purchase land in Ingland as also that he may inherite by his wife if he should marry an inheritrix Secondly they saye that the true maxima or rule against the inheritance of strangers is grounded only vppon a statute made in the 25. yeare of king Edward the third and is to be restrayned vnto proper inheritances only to wit that no person borne our of the allegeance of the king of Ingland whose father and mother vvere not of the same allegeance at the tyme of his birth for so are the wordes of the statute shal be able to haue or demande any heritage vvith in the same alleageance as heyre to any person Thirdly they say that this axiome or general rule cannot any way touch or be applied to the succession of the crowne first for that as hath bin declared before no axiome or maxima of our law can touch or be vnderstood of matters concerning the crowne except expresse mention be made therof and that the crowne is 〈◊〉 in many pointes that other priuate heritages be not And secondly for that the crowne cannot properly be called an inheritance of allegeance or vvithin allegeance as the wordes of the said statute do stande for that it is not holdē of any superiour nor vvith allegeance but immediatly from God And thirdly for that the statute meaneth plainly of inheritances by discent for otherwise as is said an allien may hold landes by purchase but the crowne is a thing incorporate and discendeth not according to the cōmon course of other priuate inheritances but rather goeth by succession as other incorporations do in signe wherof no king can by law auoide his letters patents by reason of his nonage as other common heyres vnder age do but he is euer presumed to be of ful age in respect of his crowne euen as a prior parson deane or other head incorporat is vvhich can neuer be presumed to be vvithin age and so as any such head incorporate though he be an allien might inherite or demaund landes in this discourse is set downe and especially by the testimonie of the L. Paget and Syr Edward Montague that said the stamp was put vnto it after the king vvas past sense yet they of the house of Suffolke are not satisfied vvith that answere for that they say that at least howsoeuer that matter of the late sealing be yet seing the king willed it to be donne drawen out and sealed it appeareth hereby that this was the last vvil and iudgment of king Henry and not reuoked by hym vvhich is sufficient saye these men to answere the intent and meaning of the realme and the authority committed to him by the foresaid two acts of parlament for the disposing of the succession vvhich tvvo acts say these men conteyning the vvhole authority of the common vvealth so seriously and deliberately giuē in so weightie an affaire may not in reason be deluded or ouer throwne now by the saying of one or two men who for pleasing or contenting of the tyme wherin they spake might say or gesse that the kings memorie vvas past vvhen the stampe was put vnto his testament vvhich if it vvere so yet if he commanded as hath byn saide the thing to be done vvhile he had memory as it may appeare he did both by the wittnesses that subscribed and by the enrolement therof in the chancery no man can deny but that this vvas the kings last wil vvhich is cnoughe for satisfying the parlamēts intention as these men do affirme A fourth argument is made against the king of Scotts succession by al the other competitors iointly and it seemeth to them to be an argument that hath no solution or reply for that it is grounded vppon a playne fresh statute made in the parlament holden in the 27. yeare if I erre not of her Maiesty that now is vvherin is enacted decreed that whosoeuer shal be cōuinced to conspire attempt or procure the death of the Queene or to be priuy or accessatie to the same shal loose al right title pretence clay me or action that the same parties or their heyrcs haue or may haue to the crowne of Ingland Vppon which statute seing that afterward the lady Mary late Queene of Scotlād mother of this king was condemned and executed by the authority of the said parlament it seemeth euident vnto these men that this king vvho pretendeth al his right to the crowne of Ingland by his said mother can haue none at al. And these are the reasons proofes arguments which diuers men do alleage against the right of succession pretended by the king of Scots But nowe if we leaue this pointe which concerneth the very right it self of his succescession by blood wil come to examine other reasons and considerations of state and those in particuler vvhich before I haue mentioned that his fauourers do alleage for the vtility and common good that may be presumed will rise to the realme of Ingland by his admission to our crowne as also the other point also of establishment of religiō by them mētioned then I say these other mē that are against his entrance do produce many other reasons and considerations also of great inconueniences as to them they seeme against this pointe of his admission and their reasons are these that follow First touching the publique good of the Inglish common wealth by the vniting of both realmes of Ingland Scotland together these men do saye that it is very doubtful and disputable whether the state of Ingland shal receaue good or harme therby if the saide vnion could be brought to passe First for that the state and condition of Scotlād wel cōsidered it seemeth that it can bring no other commodity to Ingland then increase of subiects and those rather to participate the commodities and riches of Ingland then to impart any from Scotland And then secondly
their vvas raysed by some kynde of men about the comming in of king Phillip and what their vvas like to haue byn about the entrance of Monsieur if that purpose had gone for-ward I remember wel said the Lawyer and these men that are of this opinion vvil say to this that it vvas but a populer mutiney without reason or any good grounde at all and only raysed by some crasty heades that misliked the religiō of the princes that were to enter and for some other driftes of their owne but not of any sound reason or argument of state which these men thinke rather to be of their side in good sooth they alleage so many argumentes for their opinion that if you should heare them you would say it weare hard to iudge which opinion had most truth but they are to longe for this place and so said he I shall make an end of the matter that I haue in hand and leaue this pointe for others to discusse With this the whole companye fhewed maruelous great desire to know the reasons that vvere in both parties for this matter so much the more for that it seemed to fal very fit to the purpose of these pretences of forayne princes for vvhich cause they intreated him very instantly that before he passed any further or ended his vvhole discourse of the titles vvhich hitherto they said had greatly contented them he would stay himselfe a litle also vppon this matter which though for a tyme he made great difficultie to do yet in the end beinge so importuned by them he promised that at their meeting the next day he would satisfie their desire and so for that tyme they departed very wel contented but yet as they saide vvith their heades ful of titles and titlers to the crowne VVHETHER IT BE BETTER TO BE VNDER A FORRAINE OR HOMBORNE PRINCE and whether vnder a great mightie Monarch or vnder a litle prince or King CAP. IX THE companye being gathered together the next day and shewing much desire to heare the pointe discussed about forraine gouerment wherof mention had bin made the day before the lawyer began to say that for so much as they would needs haue him to enter into that matter which of it selfe vvas ful of preiudice in most mens eares and myndes for that no nation commonly could abide to heare of being vnder strange gouernours and gouerments he ment to acquite himselfe in this their request as he had done in other matters before vvhich vvas to lay downe only the opinions and reasons of other men that had disputed this affaire on both sides before him and of his owne to affirme or deny nothing And first of al against the dominions of strāgers and Forriners he said that he might discourse without end and fil vp vvhole bookes and volumes vvith the reasons and arguments or at least vvise vvith the dislikes and auersions that al men commonly had to be vnder strangers or to haue any alliens to beare rule or charge ouer thē be they of what cōdition state or degree soeuer and in this he said that as wel philosophers lawmakers wise and good men as others do agree commonly for that vve see both by their wordes writinges and factes that they abhorr to subiect themselues to strang gouerments so as in al the eight bookes of Aristotles politiques you shal still see that in al the different formes of common vvealthes that he setteth downe he presupposeth euer that the gouerment shal be by people of the selfe same nation and the same thing do presume in like manner al those lawmakers that he their mētioneth to vvit Minois Solon Licurgus Numa Pompilius and the rest and he that shal reade the famous inuectiues of Demosthenes against the pretentions of king Phillip of Macedonia that desired to incroch vppon the Athenians and other states of Greece as also his orations against AEschines his aduersarie that vvas thought secretly to fauour the said forrayne prince shal see what hatred that noble Orator had against forraine gouerment and he that shal read the bookes of our tyme either of the Italians vvhen they spake of their subiection in tymes past to the Lōbardes German or french nacions or to the spaniards at this day or shal consider vvhat the french do presently vvrite inueigh against the power of the house of Guyse and Lorayne in Frāce for that they take them to be straingers shal easely see how deeply this auersion against strangers is rooted in their hartes and this for testimony of vvord But now if vve vvil consider the factes that haue ensued about this matter and how much blood hath bin shedd and vvhat desperat attempts haue bin taken in hand by diuers nations for auoyding their subiection to strāgers or for deliuering themselues from the same againe if once they haue fallen into it you shal behold more plainly the very impression of nature herselfe in this affaire for of diuers barbarous nations realmes citties we reade in stories that they rather chose to slea murther themselues then to be vnder the dominiō of strangers others haue aduentured strang attemptes bloody stratagems as the Sicilians who in one day and at the selfe same hower at the tyme of euening song slew al the frenchmen that vvere within the Iland vvhom yet themselues had called and inuited thither not long before and the like is recorded in our Inglish stories of killing the danes by Inglish men at one tyme in most ruful manner and the like was oftentymes thought on also by the Inglish against the Normans when they oppessed vs and by the French against the Inglish whiles we had dominion in France though nether the one nor the other of these latter desigmēts could be effectuated for want of forces and commoditye and by reason of the watchfulnes of the contrary part But yet to speake only of France the rage and fury of the french vvas generally so great and implacable against the Inglish that gouerned theare in the reigne of king Henry the sixt as both Polidor other stories do note at what tyme partly by the dissentions of the houses of York Lancaster in Ingland and partly by the valour of their owne new king Charles the seuenth they had hope to be ridd of the Inglish dominion as no persuasion or reason no feare of punishment no force of armes no promisse or threat no danger no pittie no religion no respect of God nor man could repres or stay them from rysing and reuolting euery where against the Inglish gouerment and gouernours murthering those of the Inglish nation in al partes and corners whersoeuer they found them without remorse or compassion vntil they were vtterly deliuered of their dominion So as this matter is taught vs say these men euen by nature her selfe that strangers gouerment is not to be admitted and moreouer the reasons before alleaged against the king
and submit themselues their the said Romans vsed al fauour and moderatiō so as it is written of them in the first booke of Machabeis Et audiuit Iudas nomen Romanorum quia sunt potentes viribus acquiescunt ad omnia quae postulantur ab eis that is And Iudas Machabeus hard the name and fame of the Romans how they vvere potent in strenght and yet so gentle as they yeilded to al that was demaunded at their handes And finally their gouerment vvas so iust cōsiderat sweete and modest vppon al forrayne nations vvhich they had conquered as it alured diuers nations to desire to be vnder them and to be ridd of their owne natural kinges as of the subiectes of Antiochus and Methridates kings of Asia and of Pontus vve do reade and some other princes also therby to gratifie their subiects did nominate the Roman Empire for their successor as did king Attalus king of Pergamus and Ptolomie of AEgypt and others and it is the common opinion of lerned men that the world vvas neuer more happelie gouerned then vnder the Romans and yet vvere they strangers to most of their subiects ouer vvhich they gouerned and vnto whom they were most strangers that is to say vnto such as were furthest of from them to those dyd they vse alwayes most fauoures and gaue them most priuileges as bothe wisdome and reason of state did require for that those people had most abillity 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 pollicy and of state haue al great Monarchies vsed euer since that is to say to shew most fauour to such subiects as be most straingers and fardest from them and on the contrary side if any be to be pressed more then others to presse and burthen them most that be most natural and neerest home most vnder and in subiection and surest to obey and this is euidently seene felt and practised by al the great states this day of the world so as it cānot be denyed For if we looke but into france vve shal finde that the states of Gascony and Guyne which are furdest of from the court were once strāgers gotten by force from the Inglish do pay far lesse tributes at this daye to the French kinge then those that be of the I le of france it selfe and are properly french and in like manner the Britons which came to that crowne by marriage and vvere old enimies do pay much lesse yet then the Gascoyns and in a manner do paye nothing at al and the Normans do pay some what more then any of the two for that they do lye somwhat neerer to Parris and therby are more in snbiection to the prince though yet they pay lesse then the natural Frenchmen The Candians also which is an Iland a part and standeth vnder the Venetians do not pay the third part of the impositions as by my owne information I lerned when I trauiled Italie that do the natural subiects of the Venetian state in Italie What shal I say of the kingdomes and states of Naples Sicilie and Millan subiect to the king of Spaine and gotten by conquest as hath bin said and yet pay they no one penny of that ancient great imposition vsed in Spaine called the Alcaualla which is the tenth penny of al that is bought and sold nor are they subiect to the Inquisition of Spaine at least Naples and Millan nor to many other dutyes tributs and impositions vvhich the natural spaniard is subiect vnto nor is their any law or edict made in Spaine that holdeth in those countries except it be allowed ratified and confirmed by those states themselues nor may any of their old priuileges be infringed but by their owne consents and when the king requireth any extraordinary subsides in Spaine they beare no part therof Whervppon these men do aske vvhat it hurteth these states that they are strāgers or vnder straingers or vvhat priueledge is it to the spaniard at home that he is only vnder his hom borne king if he receaue lesse benifits by that then doth the strainger And is not the like also vsed by the state of Ingland towards Ireland are not the fauours and indulgences vsed towardes the ciuil Irish that liue in peace much more then to the Inglish themselues in Inglad For first their taxes and payments be much lesse the lawes of Ingland bynd them not excepte they be allowed and receaued by their owne parlament in Ireland For matters of religion they are pressed much lesse then home-borne subiects albeit their affections to the Roman religion be knowne to be much more vniuersal then it is in Ingland In al criminal affayres punishing of delictes the manner of proceeding against the Irish is much more remisse milde gētle then with the subiects of Ingland so as their being strangers semeth rather a priuilege then a hindrance vnto them But in no other country is this thing more euidently to be considered then in the states of Flanders low countryes which by in heritāce as hath bin said came to be vnder forayne gouermēt but so much to their good aduancement that in a very few yeares as scarse is credible except to him that vnderstādeth their former state vvhē they were vnder their hom-borne princes do cōpare it vvith that which after they came vnto vnder the house of Austria vnited vnto the crowne of Spaine For before for many hundreth yeares a man shal read nothing almost in their storyes but warr sedition and blood shed among themselues and this either one state whith an other before they were vnited together al vnder one prince or els with the kingdome of France of whom in those dayes they depended or els and this most of al agaynst their owne Princes of whom some haue bin so fearce and cruel vnto them as they haue shed infinite quantity of their blood and among others I read of their Counte Luys that in one day he put to death fiue hundred of them by sentence of iustice in Bruxelles and an other day within the same yeare he caused a bout a thousand to be burned to death in a churh of the towne of Neuel besides infinite others whom in diuers battailes and skirimshes he slew so as often tymes the country lay almost desolate through their domestical afflictions But now since the tyme that the states came to be vnder Phillip the first Archduke of Austria and after king of Spayne and so remayned vnder his sonne Charles the Emperor and his nephew Phillip the second that now liueth vntil the late troubles and rebellions which was about the space of fifty yeares that they so continued in peace before their rebelliō it is almost incredible how those states increased in wealth peace and dignitie so that as Guycciardin the Italian historiographer noteth
to affirme againe that the euent must needes be excedinge doubtful who shall in the ende preuaile for that besides the multitude before named of pretenders he auouched very seriously that after al this his speech he could not vvell resolue with him selfe vvhich of al these titles in true right of succession was the best and much lesse which of the tytlers vvas likest to preuaile and this I presume the lawyer told them of himselfe for that he did easely forsee and imagine that after al these arguments on euery side alleaged he should be requested by the company as vehemently he vvas to put downe his opinion what he thought and iudged of al the whole matter hitherto discussed and of euery mans pretence in particuler Which in no case he could be brought to do for a longe tyme but refused the same vtterly and craued pardon and yeilded many reasons why it was not cōuenient might be odious But al would not serue to acquiet the companye which with all earnest importunitie vrged hym to satisfie their request so vppon large and earnest intreaty he vvas content in the ende to yeeld to this only that he would lay together by way of discourse the probabilities of euery side and lastly set downe in two or three propositions or rather coniectures his priuate ghesse vvhich of them in his iudgment vvas likest to preuaile First then he began to say that the probalities of preuailing or not preuailing of euery one of these pretendors in the next succession of the crowne of Ingland these pretendors maye be considered and measured either in respect of the partie of religion that vvas like in Ingland to fauour him and his pretence or els in respect of his owne particuler familie frends and allies both at home and abroad And for that the partie of religion is like to weigh most and to beare the greatest swaye and most potent suffrage and voice in this action and that with reason according to that the Ciuilian hath proued at large in the last of his discourses therefore shal I also quoth the lawyer first of al treat of this pointe of religion in this my last speeche It is wel knowne said he that in the realme of Ingland 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 knowne commonly in Ingland by the names of Protestants Puritanes and Papistes though the later tvvo do not acknowledge these names and for the same cause would not I vse them neither if it vvere not only for cleernes and breuities sake for that as often I haue protested my meaning is not to giue offence to any side or partye These three bodies then quoth he do comprehend in effect al the force of Ingland and do make so general a diuision and separation through-out the whole lande in the hartes myndes of their frends fauourers followers as if I be not deceaued no one thing is lyke so much to be respected in each pretender for his aduancement or depression as his religion or inclination therin by them that must assist him at that daye and are of different religions themselues And more I am of opinion sayd he that albeit in other changes heertofore in Ingland as in the entrance of king Edward and Queene Mary and of this Queenes Maiestie that now is diuers men of different religions did for other respects concur and ioyne together for these Princes aduancements notwithstanding that afterwards many of them repented the same which is to be seene in that for king Edward al the realme without exception did concurr and for Queene Mary it is knowne that diuers protestants did by name among other points it is also knowne that Sir Nicholas Throgmorton a feruent protestant in those dayes being of king Edwards priuy chamber dyd not only aduise her of the sycknes and decay of king Edward from day to day but also was the first that sent an expresse messenger to aduise her of her brothers death and vvhat the two dukes of Northumberland and Suffolke did contriue against her and that with such celeritye that king Edward dying but on thursday night the tenth of Iuli the Lady Mary was most certainly aduised therof by saterday morning next and that very early in kenninghal castle of Norfolke 80. miles of and diuers other protestants did assist her also in that her entrey as in like manner al those of the Roman that day sayd he and especially if he can conceale for a tyme the disceasse of her Maiestie vntil he may be able to put his affaires in order but this is holden to be either impossible or very hard for the different iudgments and affections which are not thoughte to be wanting in the court councel and Princes chamber it selfe wherof we saw the effect as before I tould you at the death of king Edward which was as much indeuoured to be kept sectet as euer any was and as much it imported the concealers and yet with in not many houres after had the Lady Mary most certayne notice therof by those that were opposite to her in religion as I haue shewed before so ardent are mens myndes in such occasions so capable of new impressiōs designemēts desires are al kinde of subiects vppon such great changes A chiefe member of the protestant body as you know for wealth and force is the cleargie of Ingland especially the bishops and other men in Ecclesiastical dignity which are like to be a great backe to this partie at that day though some men thinke that it be not very certayne which part of the nobilitie and councell will stick vnto them for that many in hart are presupposed to fauour the Puritan And for the priuy coūcell in particuler though during the Princes life their authority be supreme yet is it not so afterward nor haue they any publique authoritie at al the Prince hauing once expired but only as noblemen or gentlemen according to each mans state and calling in seueral and for the next successor seing none is knowne nor sworne in the life of this Prince nor were it her safetie that any should be cleere it is that after her Maiesties discease euery man is free vntil a new be established by the common wealth which establishmēt doth not depēd vppon the appoyntment or wil of any few or vppon any mans proclayming of himselfe for diuers are like to proclayme themselues but vppon a general cōsent of the whole body of the realme which how it vvill be brought to passe God only knoweth to him we must commende it I do no know quothe he of any certaine person pretendent to whom this protestant partye is particularly deuoted at this day more then to the rest thoughe the house of Hartford was wont to be much fauoured by them but of latter yeares little spech hath bin
other is enemy to al thes cōditions wherof if you wil read many more particulers signes to know a tyrant by I wil remit you to a special booke set forth of this matter by one Bartolus father as yow know of our Ciuil law wher the matter is hādled largely as also how lawful and commendable it is to resist any tyrant and finally he concludeth vvith Cicero in his bookes de legibus vvher he sayeth vt populo magistratus ita magistratui presunt leges A good Prince or Magistrate maketh his accōpt that as he is ouer the people so lavves are ouer him and a ryrant the contrary And greatly is commended the saying of Theodosius and Valentinian two worthy Emperors recorded in our ciuil law vvho sayd Digna yox est maiestate regnātis legibus se alligatum fateri It is a spech worthy of the maiesty of him that reigneth to confesse that he is bound vnto the lawes and the contrary saying of the Tyrant Caius Calignla is iustly detested by al writers vvho said vnto one as Suetonius reporteth Memento mihi omnia in omnes licere remember that al things are lawful vnto me and against al men without exception The saying also of the famous Emperor Traian deserueth immortal memory and commendation vvho vvhen he deliuered the sword to a pretor or gouernour of Rome to do iustice he added thes wordes Take this sword and if I do reigne iustly vse it for me and if not then vse it against me Which in effect and substance are the very same vvordes which our christian Princes at this day do vse at their entrance and coronations when they promise and sweare to rule iustly and according to the lawes statutes and ordinances of their countrey and vppon that condicion do take the othes of their subiects obedience protesting ther vvith-al that if they performe not this that then their subiects are free as before from al allegeance and then may the common wealth as also the very officers themselues of such a king vse ther sword against him vvho gaue it to them for the publique good if neede so require as Traian commaunded It vvas truly the vvord of a noble Prince said a certaine Captaine of the company ther present and rightly deserued he to be vvel obeyed vvho gaue so liberal and iust a commission to be disobeyed but for that you said they that are Princes now a dayes do the like in effect at their admission to gouerment and at ther coronations I vvould be glad to heare vvhat they say or sweare at this their entrance for certaine I am that afterwards I find very few Princes that are contented to haue this point put in excecution I meane to be disobeyed vvhatsoeuer they do or howsoeuer they liue and moreouer I say that what soeuer you lawyers sit and talke of Princes right in your studies yet I finde no way but hanging for a man of my profession if he shal disobey the vvorst Prince that liueth you lawyers vvilbe the first that shal giue sentence against him if he chance to come before you in iudgment True ir is said the Ciuilian vvher martial authority taketh place ther no question of right auaileth to be disputed if a lavyver or any other man els be in feare or dainger of his owne life he vvil rather giue sentence against an other then receaue it against himselfe but vve talke not here what men may be driuen to do by feare or force of euel Princes but vvhat in right equity and good conscience may be done and this not so much by priuate or particuler men vvho may not be ouer busie in examining Princes rights or vvhe-ther they performe their duetyes or no as by the common wealth vppon vrgent necessity and dew deliberation had against euel Princes that breake openly their othes and promises made at their first entrance vvhich promises for that you are desirous to vnderstand them I am content to passe ouer also vnto this point and so much the rather for that it maketh much to the purpose vve haue in hand or rather it is the very true ground in deede both of al lawful gouerment and subiection among christian people For that by this oth both the Prince and subiect do come to know and agree vppon their duetyes and obligations the one towards the other as also both of thē towards god their natiue countrey But for that this morning seemeth now much spent and my stomack telleth me that our dinner cannot be far of let vs defer this matter if you please vntil after noone at what tyme we shal crowne a king betweene vs here with much more facility vvhen vve shal haue lesse occasions of hungar to distract our cogitations OF THE CORONATION OF PRINCES AND MANNER OF THEIR ADMISSION to their authority and the othes which they do make in the same vnto the common wealth for their good gouerment CAP. V. DINNER being ended the Ciuilian lawyer began to prosecure the matter propounded in the end of the former chapter concerning othes and promises made by Princes at their first admission to gouerment vvherin first he declared that for as much as not nature but the election and consent of the people had made their first Princes from the beginning of the world as largely before and often had bin demonstrated most certaine it appered and conforme to al reason that they were not preferred to this eminent power and dignity ouer others without some conditions and promises made also on their parts for vsing vvel this supreme authority giuen vnto them seing it is not likely quoth he that any people would euer yeeld to put their liues goodes and liberties in the handes of an other without some promise and assurance of iustice and equity to be vsed towards them and here of he said it came to passe that bothe the Romans and Grecians to their ancient kings prescribed those lawes and limites which before haue bin specified And in euery common wealth the more orderly the Prince commeth to his crowne and dignity the more expresse and certaine haue bin euer thes conditions and agrements betweene him and the people as on the other side the more violently the Prince getteth his authority or by tyranny and disorder as thos ancient and first tyrantes of Assyria to wit Nemrod Belus and the like that by meere force and guyle gat rule ouer others and the old kings of Egypt and Babilon and thos of the Roman Emperors that by violence of souldiars only gat into the Royal seate and al such as at this day do get by force to reigne among the Turkes Amōg thes I say it is no maruaile though few cōditions of iust dealing may be expected though I doubt not but yet to ther follovvers and aduancers thes men also do make large promises of good gouerment at the begining as al ambitious men are vvont to do though