Kings is in substance the same as that of the Emperor for the Archbishop of Guesna Metropolitan of all Polonia declareth to the King before the high Altar the End and Condition of his Office and Dignitie unto what Points he must Swear and what do signifie the Sword the Ring the Scepter and the Crown And the King's Oath thereupon being taken the Marshal General of the whole Kingdom doth ask with a loud voice of all the Nobilitie and People there present Whether they be content to submit themselves unto this King or no Who answering Yea the Archbishop doth end the residue of the Ceremonies and doth place him in the Royal Throne where all his Subjects do Homage unto him The manner used in Spain before the entring of the Moors Sisinandus When Spain remained yet one General Monarchie under the Gothes before the entring of the Moors Sissinandus who had expelled King Suintila for his cruel Government in the Fourth National Council of Toledo holden the year 633. prayed with submission the Prelats there gathered together to determine that which should be needful for the maintaining both of Religion and State and so after matters of Religion they first confirm the Deposition of King Suintila together with his Wife Brother and Children and then authorise the Title of Sissinandus but yet with this insinuation We do require you that are our present King and all other our Princes that shall follow hereafter with the humilitie which is meek and moderate towards your Subjects and that you Govern your People in Justice and Pietie and that none of you do give sentence alone against any man in case of Life and Death but with the consent of your publick Council and with those that be Governors in matters of Judgment And against all Kings that are to come we do promulgate this sentence That if any of them shall against the reverence of our Laws exercise cruel Authoritie with proud domination and Kinglie pomp following only their own concupisence in wickedness that they are condemned by Christ with the sentence of Excommunication and have their separation both from him and us to everlasting judgment Chintilla Sissinandus being dead one Chintilla was made King in his place under whom were gathered two other Councils the 5th and 6th of Toledo in which matters were determined about the Succession to the Crown Safetie of the Prince Provision for his Children Friends Officers and Favorites after his death against such as without the approbation of the Common-wealth did aspire to the same And among other Points a severe Decree was made in the 6th Council concerning the King's Oath at his admission That he should not be placed in the Royal seat until among other Conditions he had promised by the Sacrament of an Oath That he would suffer no man to break the Catholick Faith c. After the entring of the Moors Don Pelago After the coming in of the Moors one Don Pelago a yong Prince of the Royal Blood of the Gothes being fled among the rest to the Mountains was found and made King and having began the recovery of Spain by the getting of Leön left a certain Law written in the Gotish tongue touching the manner of making their King in Spain and how he must Swear to their Liberties and Priviledges whereof the first Article saith Before all things it is established for a Law Libertie and Priviledge of Spain That the King is to be placed by Voices and Consent perpetually and this to the intent no evil King may enter without consent of the People seeing they are to give to him that which with their blood and labors they have gained of the Moors For the fashion of making their Kings in that old time it remaineth still in substance at this day but the manner thereof is somwhat altered for now the Spanish Kings be not Crowned but have another Ceremonie for their admission equal to Coronation which is performed by the Archbishop of Toledo Primate of all Spain Manner used in France Two Manners thereof In France have been two manners used of that Action the one more antient hath endured 600. years from Clodoveus that was Christned and Anointed also and Crowned at Rheims by S. Remigius unto the time of Henry 1. and Philip 1. his Son before the 12. Peers of France were appointed to assist the Coronation which now is the chiefest part of that Solemnitie In the old fashion as saith du Haillan the Kings were lifted up and carried about upon a Target by the chief Subjects there present according to the manner of the Spaniards But for the substance of the admission it was not much different from that which is now The Old Manner Philip 1. For example the Coronation of Philip 1. Henry 1. his father desiring for his old age to establish him in the Crown before his death did ask the consent and approbation both generally and in particular of the Nobility and People for his admission Whom finding all willing he brought him to Rheims where in the great Church the Mass being began upon the reading of the Epistle the Archbishop turning about the Prince declared unto him what was the Catholick Faith and asked him Whether he did beleeve it and would defend it against all persons who affirming that he would his Oath was brought unto him whereunto he must Swear which he took and holding his hands between the hands of the Archbishop read it with a loud voice and signed it with his own hand The substance of the Oath was That he would preserve unto the Clergie all Canonical priviledges and all Law and Justice unto them as every King was bound to do and furthermore administer Justice unto all People given him in charge Then the Archbishop taking his Cross after he had shewed unto all the audience the authoritie that the Archbishop of Rheims had to anoint and Crown the King of France and asked license of King Henry the Father Il esleut Philippe son fili pour en Roy de France Which the Popes Legats and the Nobility and People did approve crying out three times Nous l'approvvons nous le voalons soit fait nôtre Roy Institution of the newest Manner This Manner was altered specially by * Louysle Jeune who leaving still the substance of the action added thereunto divers external Ceremonies of Honor and Majestie and amongst other ordeined the offices of Twelve Peers of France Six Ecclesiastical and Six Temporal who ever since have had the chiefest Places and Offices in this great action First THe Archbishop and Duke of Rheims anointeth and Crowneth the King The Bishop and Duke of Laon beareth the Glass of Sacred Oyl The Bishop and Duke of Langres the Cross The Bishop and Earle of Beauvais the Mantle Royal. The Bishop and Earle of Koyon the King's Girdle The Bishop and Earle of Chaalons the Ring The Duke of Burgundie Dean of
this Reign drew all England into factions and divisions the States in a Parlament at Wallingford made an agreement that Stephen should bee lawful during his life onely and that Henry and his off spring should succeed him and Prince William King Stephen's son was deprived and made onely Earl of Norfolke King John to the prejudice of his Nephew Arthur This Henry 2 left Richard Jeffrey and John Richard sirnamed Coeur de Lyon succeeded him and dying without issue * John was admitted by the States and Arthur Duke of Britaine son and heir to Jeffrey * excluded who coming afterward to get the Crown by war was taken by his Uncle John who murthered him in prison Louys Prince of France to the prejudice of King John and King John's son afterward to the prejudice again of Louys But som years after the Barons and States of England misliking the government of this King John rejected him again and chose Louys the Prince of France to bee their King and did swear fealtie to him in London depriving also the young Prince Henry John's son of 8 years old but upon the death of King John that ensued shortly after they recalled again that sentence disannulled the Oath and Allegiance made unto Louys Prince of France and admitted this Henry * to the Crown who reigned 53 years The Princes of York and Lancaster had their best Titles of the autoritie of the Common-wealth From this Henry 3. take their first begining the two branches of York and Lancaster In whose contentions the best of their titles did depend upon the autoritie of the Common-wealth For as the people were affected and the greatest part prevailed so were they confirmed or disannulled by Parlament And wee may not well affirm but that when they are in possession and confirmed therein by these Parlaments they are lawful Kings and that God concurreth with them For if wee should deny this point wee should shake the states of most Princes in the world at this day The Common-wealth may dispose of the Crown for her own good And so to conclude As propinquitie of blood is a great preheminencie towards the atteining of the Crown so doth it not ever binde the Common-wealth to yield thereunto and to shut up her eies or admit at hap-hazard or of necessitie any one that is next by succession but rather to take such an one as may perform the dutie and charge committed For that otherwise to admit him that is an enemie or unfit is but to destroy the Common-wealth and him together What are the principal points which a Common-wealth ought to respect in admitting or excluding of any Prince that pretendeth to succeed wherein is handled largely also of the diversitie of Religions and other such causes CAP. IX Seeing the Common-wealth is to know and judg of the matter no doubt but God doth allow of her judgment HEe who is to judg and give the sentence in the things is also to judg of the caus for thereof is hee called Judg So if the Common-wealth hath power to admit or put back the Prince or pretender to the Crown shee hath also autoritie to judg of the lawfulness of the causes considering specially that it is in their own affair and and in a matter that depend's wholly upon them for that no man is King or Prince by institution of Nature but only by authoritie of the Common-wealth Who can then affirm the contrary but that God doth allow for a just and sufficient cause in this behalf the only Will and Judgment of the Weal-publick it self supposing alwaies that a whole Realm will never agree by orderly way of Judgement to exclude the next Heir in Blood without a reasonable Cause in the sight and censure The Pope is to obey the Determination of the Common-wealth without further inquisition except it be in Cases of injustice and Tyranny And seeing that they only are the Judges of this Case and are properly Lords and Owners of the whole business we are to presume that what they Determine is just and lawful though at one time they should Determine one thing and the contrary at another as they did often in England being led at different times by different motions and it is enough for every particular man to subject himself and obey simply their Determination without further inquisition except he should see that Open Injustice were done therein or God manifestly offended and the Realm endangered Open Injustice if not the true Common-wealth but some Faction of wicked men should offer to Determine the matter without lawful authoritie God offended and the Realm endangered where it is evident that he that is preferred will do what lieth in him to the prejudice both of God's glory and of the Common-wealth as if a Turke or some notorious wicked man and Tyrant should be offred to Govern among Christians Whence the Reasons of Admitting or Receiving a Prince are to be taken Now to know the true Causes and principal Points which ought to be chiefly regarded as well by the Common-wealth as by every particular man in the furthering or hindering any Prince we must return to the End wherefore Government was appointed which is to defend preserve and benefit the Common-wealth because from this Consideration are to be deduced all other Considerations for discerning a good or evil Prince For that whosoever is most likely to defend c. his Realm and Subjects he is most to be allowed and desired as most conform to the end for which Government was ordained And on the contrary side he that is least like to do this deserveth least to be preferred And this is the Consideration that divers Common-wealths had in putting back oftentimes Children and impotent People though next in blood from succession Three Chief Points to be regarded in every Prince And here shall be fitly remembred what Gerard recounteth of the King of France that in his Coronation he is new apparrelled three times in one day once as a Priest and then as a Judge and last as a King armed thereby to signifie three things committed to his charge first Religion then Justice then Manhood and Chivalrie which division seemeth very good and fit and to comprehend all that a Weal-Publick hath need of for her happie State and Felicity both in soul and bodie and for her end both supernatural and natural And therefore these seem to be the three Points which most are to be regarded in every Prince Why it is here principally treated of Religion For the latter two because they have been often had in Consideration in the Changes aforesaid and Religion whereof then scarce ever any question or doubt did fall in these actions rarely or never And because in these our dayes it is the principal Difference and chiefest Difficultie of all other and that also it is of it self the first and highest and most necessarie Point to be considered in the Admission of a Prince therefore it
to be for all the time that Alexander lived he continued in banishment Answer to the Objection out of Deut. S. 90. When the Command was given in Deut. no Nation besides the Jews had true Religion among them the chiefest and highest think to be expected in the admission of any Magistrate for that it concerneth the true and highest end of a Common-wealth and of all humane society but Christ's coming into the world took away this restraint So that all Christian Nations are alike for so much as belongeth unto Government CAP. XI Examination of the likelihood of each Pretender to the Crown of England Whereby a Pretender may soonest prevail THe prevailing or not prevailing consisteth either in the Religion of the Pretender or in the Strength of his particular Familie Friends and Allies both at home and abroad Every one will prefer a Prince of his own Religion Religion being at this day threefold viz. Protestancy Puritanism and Papistrie is likely to be of much respect in the Advancement or Depression of each Pretender And albeit in the entrance of King Ed. 6. Queen Mary and her Majestie divers men of different Religions for other respects concurred together in those Princes Advancement which many of them repented after at better leisure yet t is now likely to be otherwise 1 Because the Titles of Pretenders are now more doubtful 2 Men are become more resolute in matters of Religion and by long contending the greater enemies 3 Men of a good Conscience will hold it a point of little zeal at least if not of Atheism to set their hands to the Advancing of a Prince of contrary Religion to themselves 4 Men of discretion hold it to be against all Rules of Policie to promote to a Kingdom in which themselves must live one of a contrary Religion for let what bargains agreements vain hopes promises soever be made before hand yet the Princes once settled they are sure to be opprest by degrees So that they must either dissemble or suffer persecution The likelihoods of the Protestant partie The Protestant that hath the power and authority of the State in his hands is likely to do much especially if he can conceal for a time the decease of her Majestie until he may put his Affairs in order but this is held to be either impossible or very hard so ardent are men's minds in such occasions and so capable of new designments impressions and desires are all kinde of subjects upon such great changes The most wealthy and strong Member of this Bodie is the Clergie as Bishops c. and their followers the Nobilitie and Privie Council are uncertain The House of Hertford was wont to be in their favor but of late they are the more devoted to Arabella and the House of Derby Privie Council out of office during the vacancie of Princes Though the authority of the Privie Council be supreme during the Prince's life yet it is not so afterwards nor have they any publick authority at all but according to their several former callings of Noblemen and Gentlemen Then is every man free until a new Prince be established by the Common-wealth which establishment dependeth not upon the appointment or will of any few or upon any man's proclaiming of himself for divers are like to do so but upon a general Consent of the whole bodie of the Realm The Strength and Affection of the Puritans The Puritans whose profession seemeth to be the more perfect are more generally favored throughout the Realm if not of Papists than the Protestant which make's even all those Protestants who are less interessed in Ecclesiastical livings or other preferments depending on the State very much affected to them Their side is held to be the most ardent quick bold resolute of any other as those which have a great part of the best Captains and Souldiers and great Towns where Preachers have made the more impression in the Artificers and Burgesses much devoted to them Nor want they probabilities of having the City of London the Tower and most part of the Navie much enclined to them Their Forrein partie will be the reformed Churches of France now not many and of the Low Countries The Earle of Huntington was the Lord Beacham by reason of his marriage is most affected by them The King of Scots if not a stranger would also be for his Religion very plausible The Strength and Affection of the Papists The Papists least in shew because held under yet are of small consideration in respect of their home and forrein partie At home they are either Recusants or such as accommodate themselves for wordlie respects unto all external proceedings of the time and State of which sort are the most part of the Countrie People of whom the contrarie Preachers are not so frequent To them such as are discontented do easily joyn also omnes qui amaro animo sunt cum illis se conjungunt 1 Reg. 22. 2. as the most afflicted by the present state Besides there is ever likely a certain natural compassion in most men towards those that suffer and of compassion cometh affection of affection desire to help Moreover the persecution against the Papists hath much stirred them up to far more eager defence of their Cause and hath wrought a great impression in their hearts Their affection is thought indifferent towards any one be he Stranger or Domestical who is likest to restore their religion not much inclined to any one of the pretenders in particular a point of great Consequence by reason of the incertainty and likely to give them great sway wheresoever they shall bend at that day The Forrein Strength of the Papists very great and important The Forrein Helps are besides the exiled English who have both Friends and Kindred at home the affections of Forrein Princes States Favorers of their Religion whose Ports Towns and Provinces be near upon England round about and for such a time and purpose cannot want commoditie to give succor which thing weighed together with the known inclination that way of Ireland and the late declaration made by many of the Scottish Nobilitie and Gentrie to favor that Cause are arguments that this Bodie is also great and strong and likely to bear no small sway in the deciding of this Countroversie For and Against the King of Scots Likelihoods of the Scot besides the Prioritie of his Title in vulgar opinion are his Youth his being a King his moderate Nature having shed little blood hitherto his affection in Religion to such as like thereof On the other-side the Reasons of State before alleged against him especially his Alliance with the Danes and dependance of the Scottish Nation seem to weigh much with Englishmen S. 53. For and Against the Lady Arabella For Arabella is alleged her being a yong Ladie and thereby fit to procure affections and that by her marriage she may joyn some other title with her own and therby friends Against her her being
by virtue whereof the French-men pretend to exclude the Succession of Women be no very ancient Law as the French themselves do confess and much less made by Pharamond their first King yet do we see that it is sufficient to bind all Princes and Subjects of that Realm to observe the same and to alter the Course of Natural Discent and that the King of Navar only by virtue therof doth at this day pretend to be the next in Succession to this goodlie Crown and to exclude both the Infanta of Spain and the Prince of Lorrayn that now is who are Children of the last King's Sisters Propinquitie of Blood not Sufficient By which we see That it is not enough for a man to allege bare Propinquitie of Blood thereby to prevail for that he may be excluded or put back by divers other circumstances and for sundry other reasons Kings lawfully Possessed may be Deprived Yea The Common-wealth hath not only the Authoritie to put back the next Inheritors upon just Considerations but also to Dispossess them that have been lawfully put in Possession if they keep not the Laws As by examples of all Nations it might be proved And God for the most part hath wonderfully prospered the same Titles of Princes once Settled not to be Examined by private men Not that it be lawful to Subjects for every mislike to band against their Princes Nay if a Prince be once settled in the Crown and admitted by the Common-wealth every man is bound to settle his Conscience to obey the same * without examination of his Title or Interest because God disposeth of Kingdoms and worketh his will in Princes affairs Yielding too much to Princes bringeth a Tyrannie But to make Princes subject to no Law or limitation at all and to free them from all Obligation unto the whole Bodie whereof they are the Heads as though they had been created Kings from the beginning of the world or as though the Common-wealth had been made for them and not they for the Common-wealth were to bring all to such absolute Tyrannie as no Realm ever did or could suffer among civil People The mean which is to be kept The Argument of the next Chapter So as all Dutie Reverence Love and Obedience is to be yielded to the Prince which the Common-wealth hath once established So yet retaineth still the Common-wealth her Authoritie not only to restrain him if he be exorbitant but also to chasten and remove him upon due and weightie considerations And hath the same been done and practiced at manie times in most Nations with right good success to the weal-publick Of Kings lawfully Chastised by their Common-wealths for their Misgovernment And of the good and prosperous success that God commonly hath given to the same CAP. III. EXAMPLES The Ordination of God in the Common-wealth of the Jews doth authorise the same doings in other Common-wealths FOr Examples out of the Scripture though some man may chance to say That the things recounted there of the Jews were not so much to be reputed for Acts of the Common-wealth as for particular Ordinances of God himself yet it doth make rather for than against this purpose because other Common-wealths may the sooner practice that wherein they have God his own authoritie and approbation Examples out of the Jews SAUL First then Saul though he was elected by God to that Royal Throne yet was he by his order slain by the Philistians for his disobedience and not fulfilling the Laws and limits prescribed unto him And David was chosen in his room which proved such a King as he was a most perfect patern for all Kings to follow and so lived and so died as never Prince I think before him nor perhaps after him so joyned together both Valor and Virtue Courage and Humilitie Wisdom and Pietie Government and Devotion Nobilitie and Religion AMON Amon was lawful King also and that by natural Discent and Succession for he was Son and Heir to King Manasses yet he was slain by his own people quia non ambulavit in via Domini and Josias was brought in his room of whom it is written Fecit quod erat rectum in conspectu Domini non declinavit neque ad dextram neque ad sinistram Examples of the Romans ROMULUS Romulus the first King of the Romans as hath been said before having by little and little declined into Tyrannie was slain and cut in pieces by the Senators and in his place was chosen Numa Pompilius the notablest King that ever they had who prescribed all their Order of Religion and manner of Sacrifices imitating therein the Ceremonies of the Jews as Tertullian and others do note began the building of the Capitol and added the two Months of January and February to the year TARQUINIUS SUPERBUS The expulsion of Tarquinius Superbus their seventh and last King for his evil Government and the alteration thereby of the whole Government by the establishing of Consuls had so prosperous a success that whereas at the end of their King's Government they had but fifteen miles Territory without the Citie it is known that when their Consuls Government ended and was changed by Julius Caesar their Territory reached more than fifteen thousand miles in compass JULIUS CAESAR When Julius Caesar upon particular ambition had broken all Law both Humane and Divine and taken all Government into his own hands alone he was in revenge thereof slain as the world knoweth by Senators in the Senate-house and Octavianus Augustus preferred in his room who proved afterwards the most famous Emperor that ever was NERO. After Nero 6th Emperor which succeeded lawfully his Uncle Claudius and was afterward deposed and sentenced * to death by the Senate for his wicked Government albeit Peace ensued not presently yet within few months the whole Empire fell upon Vespasian and his Son Titus two of the best Governors that those times ever saw DOMITIAN To cruel Domitian whose death the Senate is thought in secret to have procured being not able to perform it openly by Justice for that he did presently by publick Decree allow of the same disanulled all his barbarous acts and pulled down every where his Arms and Memories did succeed five excellent good Emperors to wit Nerva whom the Senate chose in his room Trajan Adrian Antonius Pius and Marcus Aurelius HELIOGABALUS Heliogabalus for his most beastlie life and foul actions was deprived and put to death by the Souldiers of Rome at the request and publick Approbation of the Senate and People who Ordained in his detestation That never Emperor after him should be called more Antoninus and so it was observed and preferred to the Empire in his room his Cousen named Alexander Severus who proved one of the most rarest Princes for his Valor and Virtue that ever the Romane Empire hath had MAXENTIUS Maxentius was drowned in the River of Tiber and he sirnamed afterward Constantine
or three S 7. yet 't is plain it was his own Will because he commanded it to be drawn written and sealed and never revoked it Besides it is subscribed by many witnesses and inrolled in the Chancery by his own command enough to make it good against the assertion of those few who to please the time wherein they spake in Queen Maries time might say and ghess the King was past memory when his stamp was put to it Now to make good what he did two Acts of Parlaments 28 35. of his Reign gave him full authoritie to dispose of this Point of Succession as he and his learned Council should think best for the Common-wealth By a Statute made in the 27th of Elisabeth 27. Elisah a Statute was made That whosoever shall be convinced to conspire attempt or procure the Queens death or is privie or accessary to the same shall loose all right title pretence claim or action that they or their heirs have or may have to the Crown of England Now the late Queen of Scots being attainted and executed by the authoritie of the said Parlament and for breach of the said Statute 't is easie to determine what Title her Son hath claiming only by her The Uniting of Scotland with England dangerous to the English or like to be 1. Only the increase of Subjects but those rather to participate the Commodities of England than to impart any from Scotland 2. The natural hatred of that People unto us and their ancient inclination to joyn with our enemies the French and Irish against us are Arguments of great mischiefs likely to ensue by that conjunction 3. The Scot must needs hold in jealousie so many Englishmen competitors of the Blood Royal and therefore will fortifie himself against them by those Forrein Nations of whom he is discended with whom he is allyed as the Scots French Danes and uncivil Irish which will prove intolerable to the English 4. The King both for his own safety and for the love he beareth to his own Nation will advance them and plant them about him in chief Places of credit which must needs breed Emulations and Controversies between them and the English Then must he of Force secretly begin to favor and fortifie his own to the incredible calamitie of the other as Canutus did his Danes and William the Conqueror his Normans neither of them enemies to the English blood nor evil Kings but careful of their own safeties for herein it is impossible to be neutral 5. The Romans with all their Power and Policie could never unite the hearts of England and Scotland in peace nor hold the Scots and North-Irish in obedience of any authority residing in England What then are we to hope for of this King herein The Religion of Scotland unpleasing to our State His Religion is neither fit for our State wherein Archbishops c. and Officers of Cathedral Churches are of much dignitie and there suppressed nor will be pleasing to our Nobilitie to be subject to the exorbitant and popular authoritie of a few ordinary Ministers which the King himself is there content to yield unto And therefore it is likely that few will be forward to entertain that King for the reforming of Religion here that hath no better Order in his own at home For the Ladie Arabella For the Ladie Arabella is alleged her being an equal degree of Discent with the King of Scots Her being above him in all hopes for herself or benefit to the English that can be expected in an English Prince and a Prince born in England Against Her Neither she nor the Scot are properly of the House of Lancaster and the Title of Lancaster is before the Pretence of York ut suprà 2. The testament of King Henry 8. barreth her as well as the Scot 3. Her Discent is not free from Bastardie for Queen Margaret soon after the death of her first Husband married Steward Lord of Annerdale who was alive long after her marriage with Anguis and it is most certain also That Anguis had another Wife alive when he married the said Queen All this confirmed by the Lord William Howard Father to the now Admiral sent into Scotland by Henry 8. of purpose to enquire thereof who reported it to King Henry Queen Mary and divers others For this cause King Henry would have letted the marriage between Anguis and his Sister and chiefly caused him to exclude her issue 4. She is a Woman and it were perhaps a great inconvenience that three of the weak sex should succeed one the other 5. All her Kindred by her Father is meer Scotish In England she hath none but by her Mother the Candishes a mean Familie and Kindred for a Princess CAP. VI Examination of the Title of the House of Suffolk being Darby and Hartford Sect. 29. 30. The Earle of Hartford's Children illegitimate THe Children of the Earle of Hartford Discending of Ladie Frances the eldest Daughter of Charles Brandon are proved illigitimate 1. Because the Ladie Katharine Gray their Mother was lawful Wife to the Earle of Pembroke when they were born not separated from him by lawful authority or for any just cause but abandoned by him because her House was come into misery and disgrace 2. It could never be lawfully proved that the said Earle and Ladie Katharine were married but only by their own Assertions not sufficient in Law Therefore was the marriage disannulled in the Arches by publick and definitive sentence of Parker Archbishop of Canterbury not long after the Birth of the said Children 3. When the Marquess of Dorset married their Grandmother the Ladie Frances he had another lawful Wife sister to H. Fitz-allen Earle of Arundel whom he put away to obtain so great a marriage as was the Lady Frances This bred much hate between the Marquess and Earle ever after but the Marquess favor with K. Henry deprived the other of all remedy And therefore may their Mother the Lady Katharine seem illegitimate too Bastardie in the issue of Charles Brandon Charles Brandon had a wife alive when he married the Queen of France by which wife he had issue the Ladie Powyse wife of the Lord Powyse and this wife of his lived some time after his marriage with the Queen Darby's Evasion This Wife say the Friends of Darby died before the birth of the Lady Eleonor the yonger daughter their ancestor though after the Birth of the Lady Francis Hartford's ancestor Hartford's Confutation of the first Bastardie To the first Bastardy of Hartford their Friends affirm That the Contract between the Lady Katharine and the Earl of Pembrook was dissolved lawfully and judicially in the time of Queen Mary Hartford's evasion of the second Bastardie in the behalf of his Second born Edward Seymore The Lady Katharine being found with Child affirmed the Earle of Hartford to be the Father Hereupon he being sent for out of France where he was with Sir N. Throgmorton and had got leave to
travel into Italie confessed it at his return and both of them affirmed they were man and wife but because they could not prove it by witnesses and for attempting such a matter with one of the Blood Royal without privitie and license of the Prince they were both committed to the Tower where they used means to meet afterwards and had the second Son Ed. Seymore Now the first Son may be ligitimate before God yet illegitimate before men and therefore incapable of Succession For the second to be legitimate whereas there wanteth nothing but witnesses for the presence of Minister is not absolutely necessary to justifie their marriages by Law The Queen herself her Counsel and as many as had the Examination of these parties upon their first act or Child-birth are witnesses unto them besides their resolution to continue man and wife protested before them and confirmed by this effect of their second carnal meeting in the Tower CAP. VII Examination of the Title of the Houses of Clarence and Britanie Against the House of Clarence in general THeir Claim is founded only upon the Daughter of George Duke of Clarence yonger Brother of Ed. 4. So that as long as any lawful issue remaineth of the Daughters of the elder brother no claim or pretence of theirs can be admitted 2. If the pretence of Lancast be better than that of York as before it seemeth to be proved S. 36. 38. 40. 42. c. then holdeth not this of Clarence which is meerly of York 3. The House of Clarence hath been often attainted 1. In George himself 2. In the Countess of Salisbury his Daughter and Heir 3. In the Lord Montague her Son and Heir whereby their whole interests were cut off For albeit since those attainders it hath been restored in Blood yet hath not that been sufficient to recover unto that House the ancient Lands and Titles of Honor thereunto belonging for they were forfeited to the Crown as is also to the next in Blood unattainted the prerogative of succeeding to the Crown unless special mention had been made thereof in their restauration Against the Earle of Huntington in favor of the Pooles Upon the attainder of the Lord Montague with his Mother of Salisbury all such right as they had or might had being cut off in them fell upon Geoffrey brother of the said Lord 1. Because he was not attainted 2. He was a degree neerer unto the Duke of Clarence and thereby hath the Priviledge of an Uncle before the Neece S. 34. 40. than the Lady Katharine 3. He was a man she a woman and neither of their Fathers in possession of the thing pretended which priviledge of Sex got the last King of Spain the Kingdom of Portugal 4. Inconvenience of Religion this point altered by the death of the last Earle First Title of the Infant as Heir unto the House of Britain from William the Conqueror Sect. 12. She is discended of the antient Royal Blood of England from the eldest Daughter of the Conqueror Constance whereof her friends infer two Consequences 1. When the Conqueror's sons died without issue or were made incapable of the Crown as Henry 1. seemed to be for the violence used to his elder brother Robert and his son William Sect. 11. then should the elder sister have entred before King Stephen who was born of Alice or Adela her yonger sister The coming of a Woman no bar to inher in England Though the Salick Law seemeth to exclude her from the Crown of France yet from the inheritance of England Britanie Aquitayne c. coming to her by Women and falling ordinarily in Women nor that nor other Law excludeth her Second Title of the Infant by France whereof she is Heir general from Henry 2. She is Lineally descended from Eleonor the eldest daughter of Henry 2. Sect. 15. by whom she is Heir general of France and thereby of England Sect. 15. for three reasons 1. King John by the murther of his Nephew Arthur of Britanie forfeited all his states whatsoever Now this happened four years before his son Henry 3. was born and therefore the Crown by right should have come to the said Eleonor his elder sister 2. Arthur being prisoner in the Castle of Roan and suspecting that he should be murthered by his Uncle John nominated the Lady Blanche daughter and heir to Eleonor to be his Heir which were it not good yet when he and his sister was put to death she and her Mother were next of kinn unto them for any more of England S. 12. 3. John was actually deposed by the Barons and States of the Realm 16 Regni sui and Lewis of France the Husband of Blanche elected and admitted with their whole consent to whom they swore Fealtie and Obedience in London for him and his heirs and posteritie 1217. giving him possession of London and the Tower and many other important places Now ableit that they chose after his John's son Henry 3 Yet Titles and Interests to Kingdoms once rightly gotten never die but remain ever for the posterity to set a foot so came Hugo Capetus to the Crown of France Odo Earle of Paris his ancester being once elected admitted and sworn King though after deposed and Charles the simple chosen Third Title of the Infanta from Henry 3. She is Lineally discended of Beatrix daughter of Henry 3. S. 17. Now seeing that the posterity of both her brothers Edward and Edmond the heads of the two Houses of Lancaster and York have oftentimes been attainted and excluded from the Succession by sundry Acts of Parliament and at this day are at contention among themselves why may not the right of both Houses by Composition Peace and Comprimise at least be passed over to their Sisters issue Objections against the Infanta 1. These her Claims are very old and worn out 2. Her claims are but collateral by sisters 3. She is a stranger and Alien born 4. Her Religion is contrary to the State Answered by those that favor her Title Antiquity hurteth not the goodness of Titles to Kingdoms when occasion is offered to advance them which commonly are never presumed to die nullum tempus occurrit Regi 2. Collateral Lines may lawfully be admitted to enter when the direct either fail or are to be excluded for other just respect 3. The point of forrein birth is sufficiently answered before Sect. 50. 4. The impediment of other Religion is not universal nor admitted in the judgment of all men but onely of such English as differ in Religion from her to the rest and those many it will rather bee a motive to favor then hinder her title CAP. VIII Examination of the Houses of Spain and Portugal The Dutchie of Lancaster belong's to Portugal THe King of Spain is lineally descended from the two daughters of John of Gant by his two first wives Sect. 23 24. the former whereof the Ladie Blanche beeing heir of the Duchie Sect. 19. when the posteritie of his issue male
Princes upon pain of Excommunication to impose new Impositions upon their People without great necessitie and free Consent of the givers Nay why be all Princes at this day prohibited to alienate any thing of their own Crown without consent of their People if they be Lords of all and the People have interest in nothing Answer to the Allegations out of the Prophet SAMUEL Touching the words of Samuel they are not to allow or authorise Injustice or Wickedness in any King But to threaten the Jews with the disorders of Kings for that they rejected the moderate Government of their High Priests and had demanded as a matter of more Pomp and Glorie to be ruled by Kings as other Heathen Nations about them were which did suffer great extortions and tyrannies of their said Kings For the principal points recorded to all Princes throughout the whole course of Scripture are Diligere Judicium Justitiam apprehendere Disciplinam facere veritatem And for not observing them many Princes have been punished by God himself By what Law Princes are punished Now to know by what Law the Common-wealths do punish their Kings It is by all Law both Divine and Humane Divine for that God doth approve that form conditions and limitations which every Common-wealth doth chuse unto it self Humane for that all Law both natural national and positive doth teach us That Princes are subject to Law and Order And it is not so of a Common-wealth as it is of a private man because a private man's voice being but one doth not make the Prince wholly as the Common-wealth doth Besides having once given his voice to make his Prince he remaineth subject and inferior to the same But the whole Bodie superior who giving his authoritie up to the Prince doth not deprive her self of it but may use it when need shall require for his own defence for which he gave it Where one of the Contractants breaketh the other is no more bound And then that power which the Prince hath from the Common-wealth is in very truth but potestas vicaria or delegata given with such restrictions cautels conditions and oaths on both parts the Prince and the Common-wealth as if the same be not kept on either part the other is not bound to observe his promise neither And this is among the very rules of both the Civil and Canon Law Frustrà fidem sibi quis postulat servari ab eo cui fidem à se praestitam servare recusat And again Non abstringitur quis juramento ad implendum quod juravit si ab aliâ parte non impletur cujus respectu praebuit juramentum In things evil promised Oath bindeth not Moreover where the fulfilling of our Oath doth contain any notable hurt or inconvenience against Religion Pietie Justice Honestie or the Weal-publick or against the partie himself to whom it was made it is both lawful honest and convenient to leave the performance thereof As for example In that Herod commanded St. John Baptists head to be cut off which he did for his Oaths sake to the Daughter of Herodias no man will deny but that the thing had been far better left unperformed and the Oath better broken than fulfilled according to another rule of the Law In malis promissis fidem non expedit observari Two principal Cases when Oaths hold not towards a Prince So in these two Cases Subjects Oaths may be left unperformed towards the Prince First when the Prince observeth not at all his promise made to the Common-wealth at his admission And then when the performing of their oath should turn to the notable damage of the Weal-publick These Two Cases touched in the Deprivation of Childerick of France These Two Cases were touched in the Deposition of Childerick when the Bishop of Woitsburg in the Name of all the Nobilitie and Common-wealth of France made this Speech to Zacharie the Pope Truth it is that the French have sworn Fidelitie to Childerick as to their natural King but yet with Condition that he on his part should also perform the Points that are incident to his Office as to defend the Common-wealth protect the Church of Christ c. which if he doth the French are ready to continue their obedience and allegiance unto him But if he be apt for none of these things and nothing else may be expected whilest he is King but detriment to the State ignominie to the Nation danger to Christian Religion and destruction to the Weal-publick Then it is lawful for you no doubt most holy Father to deliver the French from this band of their Oath c. The difference between a King and a Tyrant When a King declineth once from his Dutie he becometh a Tyrant And as a good King's end and Office is to make happie his Common-wealth so the Butt of a Tyrant is to destroy the same A King ruleth according to equitie oath conscience justice and law prescribed unto him and a Tyrant is enemy to all these conditions Vt populo Magistratus ità Magistratui praesunt leges saith Cicero Theodosius and Valentinianus two worthie Emperors Digna vox est said they Majestate Regnantis legibus se alligatum fateri But the Tyrant Caligula is justly detested who said Memento mihi omnia in omnes licere And the Emperor Trajan certainly is to be immortally commended who delivering the Sword to a Praetor or Governor in Rome Take this Sword said he and if I do reign justly use it for me and if not then use it against me Which in effect and substance are the same words that our Christian Princes use at this day at their enterance when they promise to rule justly and according to the Laws of their Country and upon that Condition take the Oaths of their Subjects Obedience Protesting That if they perform not this that then their Subjects are free as before from all Allegeance Of the Coronation of Princes and manner of their Admission to their Authoritie and the Oaths which they do make in the same unto the Common-wealth for their good Government CAP. V. Since the People made the Prince it is likely he did it with Conditions for his own good FOrasmuch as not Nature but the Election and Consent of the People hath made the first Princes from the beginning of the world It appeareth most certain and conform to all reason That they were not admitted to that Power and Dignity without some Conditions and Promises also on their parts for using it well because it is not likely that any people would ever put their lives goods and liberties in the hands of another without some assurance of justice and equity And hereof came to pass that both the Romans and Greecians prescribed to their Kings those limits before mentioned More Religiously observed among Christians than other Nations And the more orderly the Prince cometh to his Crown the more express and
certain are their Conditions between him and the People As on the other side the more violent he getteth his authority as those ancient Tyrants of Assyria Nemrod and Belus did and at this day is done among the Turks the less Conditions of just dealing may be expected Therefore among the Christians this point of Mutual Oaths between Prince and Subjects hath been much more established made clear and reduced to a more sacred and Religious kinde of Union than before for that the whole action hath been done by Bishops and Prelats and the astipulation on both sides hath passed and been Regestred in sacred places and with great solemnitie of Religious Ceremonies The manner of Admitting Greek Emperors Anastatius The East or Greek Emperors of Constantinople after the Empire was translated from Rome thither by Constantine the great first Christian Emperor though their coming to the Crown were nothing so orderly as at this day it is used yet they were wont above a thousand years agone to have an Oath exacted at their hands by the Patriarch of Constantinople As of Anastatius the first writeth Zonaras Antequam coronaretur inquit fidei confessionem scriptam quâ polliceatur se in dogmatibus Ecclesiasticis nihil esse novaturum ab eo exegit Patriarcha Euphemius vir Sanctus Orthodoxus And divers other Conditions also did he promise before he could be Crowned as the taking away of some Tributes the giving of Offices without Money and other like points appertainting to reformation and good government Michaël Of Michael the first writeth the same Author in these words Michaël ubi diluxit magnam Ecclesiam ingressus à Patriarcha Nicephoro Imperatorio diademate est ornatus postulato priùs scripto quo promitteret se nulla Ecclesiae instituta violaturum neque Christianorum sanguine manus contaminaturum The Latine Emperors Otho 1. In the West Empire given to Charles the great and his posteritie this Point is yet more settled and more inviolably kept For albeit it went by succession for the most part at the beginning yet were they never admitted to the same without this circumstance of swearing to Conditions of righteous Government As Otho 1. who being Son and Heir to Emperor Henry 1. Duke of Saxonie sirnamed the Faulkner and named by him to the inheritance of the said Crown of Germanie did nevertheless make his Oath and received his new approbation of the People for the Archbishop of Moguntia chief Primate of all Germanie bringing him to the Altar where he must swear said these words unto the people Behold I bring you here Otho chosen by God and appointed out by his Father Henry our Lord and now made King by all the Princes of this Empire if this Election please you do you signifie the same by holding up your hands to heaven Which being done he thereupon tooke the Ornaments and Ensigns of the Empire and put them upon the Emperor telling him the signification of each thing and what it did binde him unto and taking his promise to perform all And after all includeth the storie Rex perfusus oleo Sancto coronatur Diademate aureo ab Episcopis ab eisdem ad solium Regale ducitur in eo collocatur Institution and manner of the Emperor's Creation used at this day In the year 996. Pope Grerory 5. in a Synod holden in Rome did by the consent of Otho 3. Emperor and Nephew unto this other Otho appoint this form of Election for the time to come of the Germane Emperors That he should be chosen by six Princes of Germanie Three Ecclesiastical which are the Archbishops of Moguntia Colen and Trevires and Three Temporal to wit the Duke of Saxonie the Count Palatine of the Rhene and the Marquess of Brandeburge and when these six voices should happen to be equally divided that then the Duke of Bohemia for then it was no Kingdom should have place also to determine the Election which was approved by all the Princes of Germanie and other Christian Princes and Estates of the world And Sleydan writeth the manner and conditions of the said Election to be these First of all that after any man is chosen Emperor he is to be called only Caesar and the King of the Romans and not Emperor until he be Crowned and presently after his Election he sweareth these Conditions To defend the Christian and Catholick Religion to defend the Pope and Church of Rome whose Advocate he is to minister justice equally to all to follow peace to keep all Laws rights and priviledges of the Empire not to alienate or engage the Possessions of the Empire to condemne no man without hearing his Cause but to suffer the course of law to have his place In all and whatsoever he shall do otherwise that it be void and of no validitie at all Whereunto he sweareth first by his Legates and then giveth a coppie of his Oath in writing to every one of the six Electors and after this goeth to the Citie of Aquis-gran to be Crowned in the great Church where about the middle of the Mass the Archbishop of Colen goeth unto him in the presence of all the People and asketh Whether he be ready to swear and promise to observe the Catholick Religion defend the Church minister justice protect the Widdows and Fatherless and yield dutiful honor and obedience to the Pope of Rome Whereunto he answering That he is ready to do all this the Archbishop leadeth him to the high Altar where he sweareth in express all these Articles which being done the said Archbishop turning himself to the Princes of the Empire and People there present doth ask them Whether they be content to swear Obedience and Fealtie unto him who answering Yea he is anointed by the said Archbishop before the Altar and then do come the other two Archbishops of Moguntia and Treveris and lead him into the Vesterie where certain Deacons apparel him in his robes and do set him in a Chair upon whom the Archbishop of Colen saith certain Prayers and then delivereth him a Sword drawn and putteth a Ring upon his finger and giveth him a Scepter in his hand and then all the three Archbishops together do put on the Crown upon his head and leading him so Crowned and Apparelled unto the high Altar again he sweareth the second time That he will do the part of a good Christian and Catholick Emperor Which being ended he is brought back and placed in the Imperial Seat and Throne where all the Princes of the Empire do swear Obedience and Faith unto him beginning with the Electors and so to all the rest in order And it is to be marked That the Emperor sweareth three times once by his Deputies and twice by himself before his subjects swear once unto him The manner used in Polonia In Polonia which being first a Dukedom was made a Kingdom about the year 1000 the manner of the Coronation of their
the Order holdeth the Crown The Duke of Gasconie and Guyenne the First Banner quartered The Duke of Normandie the Second Banner quartered The Earle of Tholosa the Golden Spurs The Earle of Champanie the Banner Royal or Standard of War The Earle of Flanders the Sword Royal. And this day the King is apparrelled three times and in several sorts 1. As a Priest 2. As a King and a Warrier 3. As a Judge Philip 2d This day Lewis specially for the Coronation of his Son Philip Agustus whom he caused also to be Crowned in his dayes In this Coronation whereunto Henry 2. of England as Duke of Normandie who held the Crown and one of his Sons as Duke of Gasconie were present the King being summoned by the Archbishop to keep all Priviledges of the Church Law and Justice answered I do promise and avow to every one of you and to every Church to you committed That I will keep and maintain all Canonical priviledges law and justice due to every man to the uttermost of my power and by God's help shall defend you as a good King is bound to do in his Realm And then laying his hands upon the Gospel made his Oath in these words Au nom de Jesus Christ re jure promets au peuple Chrestien à moy Subject ces choses c. First that all my subjects be kept in the union of the Church and I will defend them from all excess rapine extortion and iniquitie Secondly I will take order that in all judgments justice shall be kept with equitie and mercie to the end that God of his mercy may conserve unto me with yo◠my people his holy grace and mercie Thirdly I shall endeavor as much as possibly shall lie in me To chase and drive out of my Realm and all my Dominions all such as the Church hath or shall declare for Hereticks as God shall help me and his holy Gospels Then he kissed the Gospels and after Te Deum sung and other particular Prayers said by the Archbishop he was Vested and the Ring Scepter Crown c. were put upon him with declaration what they signified After all that the Archbishop and Bishops did bless him and then by the said Archbishop and the other Peers was led unto the Seat Royal where the Crown was put upon his head c. France Author of this manner of Coronation Albeit the substance of the Ceremonie of Sacring and Anointing Kings be much elder than the Christian Kingdom of France yet is this particular and Majestical manner of doing it by way of Coronation the most antient in France above all other Kingdoms round about And it is probable that most of them have taken their forms of anointing and Crowning from her for the affinitie and likeness of the one to the other as may be seen by that of Germanie and Polonia before recited by that of Navarra brought in by certain Earles of Champanie according to the use of France and others But among all England seemeth to have taken it most particularly from them not only for that divers English Kings have come out of France but also for that in very deed the thing it self is all one in both Nations The Manner of Admission in England First As the Archbishop of Rheims doth this Ceremony in France so in England the Archbishop of Canterbury And the first thing the said Archbishop requireth at the King's hands is about Religion Church matters and the Clergie whereupon the King sweareth and giveth up his Oath in writing which he laieth down with his own hands upon the Altar the words are these That he will during his life have reverence and honor unto almightie God and to his Catholick Church and unto his Ministers and that he will administer Law and Justice equally to all and take away all unjust Laws Which after he hath sworn the Archbishop turning about to the People declareth what the King hath promised and asketh Whether they be content to submit themselves unto this man as unto their King or no under the Conditions proposed Whereunto having yielded he put's upon him the Royal Ornaments as the Sword the Ring the Scepter and Crown and namely he giveth him the Scepter of St. Edward the Confessor and then addeth this exhortation Stand and hold thy place and Keep thy Oath with a great commination on the behalf of almightie God if he taketh the place and breaketh his Oath Henry 4th In the admission of Henry 4. the People were demanded thrice Whether they were content to admit him for their King And the Archbishop of Canterbury having read unto them what this new King was bound by Oath unto he took the Ring wherewith to wedd him to the Common-wealth which wedding importeth a mutual Obligation which was shewed to the People by the High Constable and then put upon the King's finger who kissed the Constable in sign of acceptance c. Edward 4th Edw. 6th Mary Elisab In the admission of Edward 4th the Peoples Consent was asked at two several times very solemnly notwithstanding that he had proved his Title by Succession before in Parliament And in the Coronation of Edward 6. Queen Mary and Queen Elisabeth's the Peoples consent and their acceptation was not only demanded but the Princes corporal oath also taken upon the Evangelists What is due to only Succession by Birth and what interest or right an Heir apparent hath to the Crown before he be Crowned or Admitted by the Common-wealth and how justly he may be put back if he have not the other parts requisite also CAP. VI Belloy's Assertions upon this Matter Assertion First BElloy's Assertions about this matter are plain and gross flatteries and opposite to all reason of State and practise of the World First he saith That all Families which enjoy Kingdoms in the world were placed therein by God only and that he alone can change the same Which indeed if he refer unto God's universal providence it is true that all is from God either by his Ordinance or permission but speaking of the next and immediate causes clear it is that men do also concur therein and that God hath left them lawful authoritie so to do for the publick benefit Assertion Second His Second Assertion is That where such Princes be once placed in Government and the Law of Succession by Birth established there the Princes Children or next of Kinn do necessarily succeed by only Birth without any new choice or approbation of the People Nobilitie or Clergie or of the whole Common-wealth together Assertion Third Whereunto he joyneth That a King never dieth for that whensoever or howsoever he ceaseth by any means to Govern then entereth the Successor by Birth not as Heir to the former but as lawful Governor of the Realm without any admission at all having his authoritie only by the condition of his Birth and not by adoption or choice of any
much more a bare Betrothing such as is between an Heir apparent and a Common-wealth St. Paul determineth plainly That if two Gentiles married together in their Gentilitie which none denieth to be true marriage for so much as concerneth the Civil Contract and afterward the one of them being made a Christian the other would not live with his partie or if he do yet not without blaspheming of God and tempting him to sin In this case he teacheth That it is sufficient to break and dissolve utterly this heathen marriage and that the Christian may marrie again and this only for the want of Religion in the other party Which being so in actual marriage already made consummate how much more may it serve to undo a bare betrothing which is the case of a Pretender only to a Crown as before hath been shewed Whether Difference in Religion be Infidelitie But some may say that St. Paul speaketh of an Infidel or Heathen that denieth Christ plainly which is not the case of a Christian Prince though he be somwhat different in Religion To which is answered That supposing there is but one only Religion that can be true among Christians as both Reason and Athanasius his Creed doth plainly teach us and moreover seeing that to me there can be no other Faith or Religion available for my salvation than only that which I my self do believe for that mine own Conscience must testifie for me or against me certain it is that unto me and my Conscience he which in any Point believeth otherwise than I do and standeth wilfully in the same is an Infidel for that he believeth not that which in my Faith and Conscience is the only and sole truth whereby he must be saved And so long as I have this opinion of him albeit his Religion were never so true I shall do against my Conscience and sin damnably in the sight of God to prefer him to a Charge where he may draw many other to his own Errors and Perdition wherein I do perswade my self that he remaineth How he that doth against his Conscience sinneth And this Point is founded upon that which St. Paul saith against such Christians as being invited to the Banquets of the Gentiles did eat the meats offered to Idols which themselves do judge to be unlawful to eat which he saith was a damnable sin not for that the thing in it self was unlawful but for that they did judge it so and yet did the contrary And the reason he yieldeth presently Quia non ex fide omne autem quod non est ex fide est peccatum Doing a thing though in it self indifferent against their own Conscience which must be their witness at the latter day How dangerous a sin to favor a Pretender of a contrary Religion Now to apply this to the matter of England I affirm and hold That for any man to give his Help or Consent towards the making of a King whom he judgeth or believeth to be faultie in Religion how good or bad soever he be or of what side soever the truth be it is a most grievous and damnable sin And is guilty of all the evils miseries and calamities which may ensue by his Government whether they do so or no Because knowing in his belief that he is like or in disposition to bring all those evils yet he doth further or not resist him How far it is also against Wisdom and Policie to prefer a Prince of a contrary Religion Moreover besides the matter of Conscience It cannot in Policie but be great folly and over-sight for a man to promote to a Kingdom wherein himself must live one of a contrary Religion to himself For let the bargains agreements and promises be never so great yet seeing the Prince once 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 Partie And so many Jealousies Suspitions Accusations c. will light upon him as not only he shall not be capable of such Preferments Honors and Charges which men may deserve and desire in their Common-wealths but also he shall be in continual danger and subject to a thousand molestations and injuries and so before he beware will become to be accompted an enemy or backward man Which to remedy he must either dissemble deeply and against his own Conscience make shew to favor and set forward that which in his heart he doth detest which is the greatest calamity and miserie of all other or else to avoid this everlasting perdition he must break with all the temporal commodities of this life and leave the benefits which his Country might yield him And this is the ordinary end of all such men how soft and sweet soëver the beginnings be The Conclusion of the whole Speech That the next Heir after the Queen must needs be verie Doubtful And therefore to conclude all this Speech Seeing there be so great inconveniencies and dangers in respect both of God and man body and Soul to advance to the Crown a Prince of contrary Religion And considering that in England there is so great diversitie of Religions as the world knoweth between these Parties and Factions that have to Pretend or admit the next Prince after Her Majestie that now is Calling to mind also the great Libertie Scope and Authoritie which the Common-wealth hath to determine even against the clear right of Succession And laying finally before our eies the manifold and different Acts of Christian Realms before mentioned in this affair It appeareth as it was propounded in the beginning That it is a very doubtful case who shall be the next Prince after the Queen And much more if above all this it be proved also as it shall be in the Second Book that among such as do or may pretend of the Blood Royal at this day their true Succession and next Propinquitie by birth is also incertain and disputable FINIS CAP. I. BOOKS WRITTEN 1. BY one Hales sirnamed Clubfoot Clerk of the Hamp in which the Lord Keeper Bacon was thought to have a hand and Sir William Cecil a privitie 2. In favor of the Lady Katharine Gray daughter of the Lady Frances Dutchess of Suffolk the daughter of Marie yonger daughter of Henry 7. to prefer her before the Scot discended of Margaret the elder daughter 3. Because he was a Stranger or Alien therefore not to inherit by Law 4. Henry 8. had authority given him by two Parlaments of 28. and 36. to dispose of the Succession by his last Will and ordained his own issue failing that the off-spring of Mary should be preferred before that of Margaret 5. Against this one Morgan a Divine of Oxford with the advice of Judge Brown as it was thought wrote first to clear the Queen of Scots from her Husbands death 2 handled her Title to our Crown 3 against the