THAT SVCCES­SION TO GOVERMENT BY NEERNES OF BLOOD IS NOT by law of nature or diuine, but only by humane and positiue lawes of euery particuler common wealth and consequentely may vppon iust causes be altered by the same.
CAP. I.

THE examples before allea­ged (said the ciuilian lawyer) of a madd or furious heyre apparent, or of one that were by education a Turke or Moore in religion, or by na­ture depriued of his witt, or senses, do playnely proue that propinquity of birth or blood alone, without other circum­stances, is not sufficient to be preferred to a crowne: for that no reason or law, religion or wisdom in the world, can admitt such persons to the gouermēt of a cōmon wealth by whom, no good, but distruction may be expected to the same, seing that gouerment was ordeyned for the benefit of the weale publique and not otherwise.

[Page 2]And albeit some one or two in thes our dayes haue affirmed the contrary, and published the Bellay apollog. pro reg. cap. 20. same in wryting for the defence, flatery, or ad­uauncement of some Prince whom they fa­uour, affirming that euen a foole, madd or fu­rious man, or otherwise so wicked as he would endeuour to destroy the common welth, were to be admitted to the seat royal, without further consideration, if he be next in blood yet this is so manifestly agaynst al reason, and conscience, and agaynst the very first ende and purpose of institution of common wealthes, and magestrates, as it shal not nede to be re­futed in this place, albeit afterwards ther vvil not vvant place and commodity for the same.

Hereof it doth ensew, that some other con­dicions also must needs be requisit, for com­ming Not only successiō sufficient. to gouerment by succession, besides the only propinquity or prioryty in blood, and that thes condicions must be assigned and limited out by some higher authority then is that of the Prince himselfe, who is bounde and limited therby, and yet it seemeth euident they are not prescribed by any law of nature or diuine, for that then they should be both immutable and the selfe same in al countries, (as God and na­ture are one, & the same to al, without chainge) wher nothwithstanding we see, that thes condicions and circumstances of succeding by birth, are diuers or different in different coun­tryes, as also they are subiect to changes accor­ding to the diuersity of kingdomes, realmes, & [Page 3] people, as after shalbe shewed more in parti­culer, wherby we are forced to conclude that euery particuler countrey and common wealth hath prescribed thes condicions to it selfe and hath authority to do the same.

For better profe wherof, it is first of al, to be supposed, that albeit sociability or inclination That no perticuler forme of gouermēt is of natu re. to liue togeather in company, man with man, (wherof ensueth both city and commō wealth as Aristotle gathereth in his first booke of politiques) be of nature, and consequently also of God, that is author of nature: though go­uerment in lyke maner and iurisdiction of ma­gestrats which doth follow necessarily vppon this liuing to gether, in company: be also of nature; yet the particuler forme or manner of this or that gouerment, in this or that fashion, as to haue many gouernors, few, or one, and thos eyther Kinges, Dukes Earles, or the like: or that they should haue this or that authority more or lesse, for longer or shorter tyme, or be taken by succession or election, themselues and their children, or next in blood: al thes things (I say) are not by law ether natural or diuine, (for then as hath bine said they should be al one in al countryes and nations, seing God and nature is one to al) but they are ordayned by particuler positiue lawes of euery countrey as afterwards more largely shalbe proued. To liue in company, is natural to man & the groūd of al com mō vveal­thes.

But now that sociability in mankind, or in­clination to liue in company, is by nature, and consequently ordeyned by God, for the com­mon [Page 4] benefit of al: is an easy thing, to proue, seing that al ground of realmes and common wealthes dependeth of this poynt, as of ther first principle, for that a common wealth is no­thing els but the good gouerment, of a multi­tude gathered together, to liue in one, & ther­fore al olde philosophers, law makers, and wise men, that haue treated of gouerment or com­mon wealthes, as Plato in his ten most excel­lent bookes, which he wrot of this matter inti­tuling them of the commou wealth, and Marcus Plato de repub. Ci­cero de repub. Aristotle? polit. Cicero that famous councelor in other six boo­kes that he writ of the same matter, vnder the same title. And Aristotle that perhaps excel­leth them both, in eight bookes which he cal­led his pollitiques, al thes I saye do make their entrance to treat of ther common wealth af­fayres, from this first principle, to wit, that man by nature is sociable, and inclined to liue in company, wherof do proceede first, al priuate houses, then villages, then townes, then cityes, then kingdomes, & common wealthes.

This ground & principle then do they proue Diuers praefes. by diuers euident reasons, as first, for that in al nations, neuer so wild or barborous, we fee by experience that by one way or other, they 1. Inclinatiō vniuersal. Pompon. Mesa. lib. 3. cap. 3. 4 Tacit. l. 8. endeuour to liue together, ether in cityes, tow­nes, villages, caues, woodes, tents, or other like manner, according to the custome of ech coun­trey, which vniuersal instinct could neuer be in al, but by impression of nature it selfe.

Secondly they proue the same, by that the 2. Aristot. l. 1. pol. c. 1. 2. 3. 4. [Page 5] vse of speech is giuen to man for this end and purpose; for that litle auaylable were this pri­uiledge of speaking if men should liue alone & conuerse with none.

Thirdly not only Aristotle but Theophrastus also Plutarch, and others do confirme the same, Imbecili­lity of man. Theoph. lib. de Plaut. Plu tarch. cō ­de fortu­na, & lib. de pieta­tem in parent. by the poore estate & condition, wherin man is borne, more infirme then any other creature, though by creation he be lord & gouernor of al the rest: for where as ech other creature is borne in a certayne sort armed and defended in it selfe, as the bul with his hornes, the bore with his tuske, the bear & wolfe, with their teath, the birde with hir fethers agaynst cold & with her wynges to flye away, the hart & hare with their swiftnes and the like: only man is borne feble and naked, not able to prouide or defende himselfe in many yeares, but only by the healp of others, which is à token that he is borne to liue in company and to be holpen by others, & this not only for his necessity and help at his begining whiles he is in this imbecility, but al­so for his more comodious liuing in the rest of his dayes afterwards, seing no man of himselfe is sufficient for himselfe, & he that liueth alone can haue no benefite of others, or do any to others, wherfore wittely said Aristotle in the Note this saying of Aristotle. second chapter of his first booke of politiques, that he which flieth to liue in society is ether Deus aut Bellua, a God or a beft: for that ether he doth it be­cause he hath no neede, of any which is proper to God, or els for that he wil do good to none, [Page 6] and feeleth not that natural instinct, which man hath to liue in conuersation, which is a signe rather of a beast then of a man.

Cicero doth add an other reason for this 4. The vse of iusti­ce and Frēship. purpose, to wit, the vse of certaine principal vertues giuen vnto man, but principally iustice & frenship, which should be vtterly in vaine, and to no vtilitye, if man should not liue in company of others, for seing the office of iustice is to distribut to euery one his owne: wher no number is, ther no distribution can be vsed, as also neyther any act of frenship, which yet in the society of mā is so necessary & vsual (sayeth this excellent man) vt nec aqua nec igne nec ipso sole pluribus in locis vtamur, quam amicitia, that we Cicero lib. de amicitia. vse nether water nor fyer nor the sonne it felfe in more places or occasions then frenship.

And to this effect, of vsing frenship, loue and charity the one towards the other, do christian The vse of charity & helping one an other. August. lib. de amicitia. doctors also, and especially S. Augustine in his booke of frenship, reduce the institution of this natural instinct of liuing in cōpany: which seemeth also to be confirmed by God hym sell in those wordes of Gcnesis, Dixit quoque Domi­nus Dcus: non est bonum hominem esse solum, facia Gen. 2. v. 18. mus, ei adiutorium, simile sibi. God said, it is [...] good that man should be alone, let vs [...] vnto him, a help or assistante like vnto him selfe, of which wordes is deduced that as [...] first society of our first parēts, vvas of God, & [...] so great purpose as heere is set downe, the [...] to be holpen by the other: so al other societye [Page 7] in like maner which grow of this first, stand vppon the same ground of Gods ordination for the selfe same end of mans vtility.

And I haue bin the longer in speaking of this natural instinct to society, for that it is the first fountaine of al the rest, that enseweth in a common wealth, as hath bine said: for of this come familyes, villages, townes, castles, cyties, and common wealthes, al which Aristotle in his bookes before named, doth proue to be of nature, for that this first inclinatiō to liue toge­ther (wherof al thos other things do spring) is of nature, as hath bin declared.

Out of this, is the second poynt before men­tioned That go­uermēt & iurisdi­ction of Mage­strats is also of nature. deduced, to wit, that gouerment also, superiority, & iurisdiction of magistrats, is like­wise of nature, for that it followeth of the former, and seinge that it is impossible for men to liue together with help and commodity of the one, to the other, except ther be some ma­gestrat or other to kepe order amōg them, with­out Necessity. which order ther is nothing els to be hoped for as Iob sayeth, but horror and cōfusion, as for ex­ample, wher-soeuer a multitude is gathered to­gether, Iob 10. v. 12. if ther be not some to represse the inso­lent, to assist the impotent, reward the vertuous, chasten the outragious and minister some kind of iustice and equality vnto the inhabitants: ther liuing together would be farr more hurt­ful thē ther liuing a sunder, for that one would consume and deuour the other, and so we see, that vppon liuing together followeth of ne­cessity [Page 8] some kind of iurisdiction in Magistrats, and for that the former is of nature, the other also is of nature.

Al which is confitmed also by the consent & vse of al nations through-out the world, which 2. Consent of natiōs. Cicero li. 1. de natu ra Deorū. general consent, Cicero calleth, ipsius vocem natu­rae the voice of nature herselfe: for ther was ne­uer yet nation found ether of ancient tyme or now in our dayes, by the discouery of the In­dies, or els where, among vvhom men liuing together, had not some kind of Magestrate or superior, to gouerne them, which euidently de­clareth 3. The ciuil lavv. that this poynt of Magestrates is also of nature, and from god that created nature, which poynt our ciuil law doth proue in like manner in the very begining of our digestes, vvher the secōd title of the first booke is, de origineiuris ciui­lis Lib. 1. di­gest. tit. 2. & omnium magestratuum, of the begining of the ciuil law and of al magestrates which begi­ning is referred to this first principle, of natural instinct and Gods institution: And last of al, 1. Scripture. that God did concurr also expresly vvith this instinct of nature, our diuines do proue by cleare testimony of holy scripture, as vvhen God saith to Salomon, by me kings do raigne, and Prou. 2. Rom. 13. S. Paule to the Romans auoucheth, that autbori­ty is not but of God and therfore he which resisteth au­thority resisteth God. Which is to be vnderstood of authority power or iutisdiction in it selfe, ac­cording to the first institution, as also vvhen it is lawfully laid vppō any person, for otherwise when it is ether vvrongfully taken or vniustly [Page 9] vsed, it may be resisted in diuers cases as after­wards more in particuler shalbe declared, for then it is not law ful authority.

Thes two poynts then are of nature, to wit, the common wealth, and gouerment of the sa­me by magistrates, but vvhat kind of gouermēt ech common vvealth vvil haue, whether Demo­cratia vvhich is popular gouerment by the peo­ple Particuler forme of gouermēt is free. it selfe, as Athens, Thebes, and many other cyties of Greece had in old tyme, & as the Can­tons of Swizers at this day haue: or els Aristo­cratia vvhich is the gouerment of some certay­ne chosen number of the best, as the Romans many yeares vvere gouerned by Consuls and senators, and at this day the states of this coun­trey of Holland do imitate the same, or els Mo­narchia vvhich is the regiment of one, and this agayne eyther of an Emperor, King, Duke, Earle or the like: thes particuler formes of go­uerment (I say) are not determyned by God or nature, as the other two poyntes before, (for thē they should be al one in al nations as the other are, seing God and nature are one to al as often hath bin said) but thes particuler formes are left vnto euery nation and countrey to chuse that forme of gouerment, which they shal like best, and think most fit for the natures and con­ditions of their people, vvhich Aristotle pro­ueth Arist. li. 2. polit. through out al the second and fourth boo­kes of his politiques very largly laying dovvne diuers kinds of gouerments in his dayes, as na­mely in Greece that of the Milesians, Lacede­monians [Page 10] Candians, and others, and shevving the causes of their differences, which he attri­buteth to the diuersity of mens natures, custo­mes, educations and other such causes that made them make choise of such or such forme of gouerment.

And this might be proued also by infinit Diuersitie of gouer­ment in diuers cō ­tryes and tymes. other examples both of tymes past and present, and in al nations and countryes both christian and otherwise, which haue not had only diffe­rēt fassions of gouermēts the one frō the other, but euen among themselues at one tyme, one forme of gouerment, and an other at other ty­mes: for the Romans first had Kings and after Rome. reiecting them for their euil gouerment, they chose [...], vvhich vvere two gouernours for euervycare, vvhose authority yet they limi­ted by a multitude of senators, which vvere of their counsel, and thes mens power, vvas re­strayned also by adding tribunes, of the people, and some tyme dictators, and finally they came to be gouerned last of al by Emperors.

The like might be said of Carthage in Afri­ca Africa & Greece. and many cityes and common wealthes of Greece, which in diuers seasons and vppon di­uers causes haue taken different formes of go­uerment to themselues.

The like vve see in Europe at this day, for in Italie. only Italye what different formes of gouerment haue you? Naples hath a kinge for their soue­raine, Rome the pope, and vnder him one sena­tor in place of so many as vvere wont to be in [Page 11] that common vvealth. Venice and Genua, haue senators & Dukes, but litle authority haue ther Dukes. Florence, Farara, Mantua, Parma, Vrbin and Sauoy, haue their Dukes only with­out senators, and there power is absolut. Milan vvas once a kingdom but now a Dukedom, the like is of Burgundy, Lorayne, Bauire Gasco­ny, Dukes for kings and kings for dukes. and Britayne the lesser, al which once had their distinct kings, and now haue Dukes, for their supreme gouernours. The like may be said of al Germany that many yeares together had one king ouer al, which now is deuided into so many Dukedomes, Earldomes & other like titles of supreme Princes.

But the contrary is of Castile, Aragon, Por­tugal, Barcelona, and orher kingdomes this day in Spayne, which vvere first earldomes only and after Dukedomes, and then kingdomes, and Spayne. now a gayne are al vnder one Monarchy. The like is of Boeme and Polonia which vvere but Boeme. Polonia. Dukedomes in old tyme, and now are kingdo­mes. The like may be said of France also after the expulsion of the Romans, vvhich was first a monarchy, vnder Pharamond their first king, and so continued for many yeares vnder Clo­dion, Merouys Childrik and Clodouaeus ther first christened kings, but after they deuided it into fower kingdomes, to vvit one of Paris an other of Suessons, the third of Orleans, and the fourth of Metts, and so it continued for di­uers yeares, but yet aftervvards they made it one monarchy agayne.

[Page 12]England also vvas first a monarchy vnder the England. Britaynes, and then a prouince vnder the Ro­mans, and after that deuided into seauen king­domes at once vnder the Saxons, and novv a monarchy agayne vnder the Inglish and al this by Gods permission, and approbation, vvho in token therof, suffred his owne peculier people also of Israel to be vnder diuers manners of gouerments in diuers tymes, as first vnder Pa­triarques The Ie­vves lib. Genes. Abraham, Isaac and Iacob, then vnder Captaynes as Moses, Iosua, and the like, then vnder iudges as Othoniel, Aiod, and Gedion, Lib. Exo. Lib. Iob. Lib. Iud. Lib. 1. Reg. then vnder high Priestes, as Hely and Samuel, then vnder kings as Saul, Dauid and the rest, & then vnder captaines & highe priests agayne as Zorobabelludas Machabeus, & his brethren, Lib. Ma­chab. vntil the gouerment vvas lastely taken from them, and they brought vnder the povver of the Romans, and forraine kinges appoynted by them.

So as of al this, ther can be no doubt, but that the common vvealth hath power to chuse The real­me chu­seth her forme of gouermēt their owne fassion of gouerment, as also to change the same vppon resonable causes, as we see they haue done in al tymes and coun­tryes, and God no doubt approueth vvhat the realme determineth in this poynt, for otherwise nothing could be certaine for that of thes changes doth depend al that hath succeeded sythens.

In like manner, is it euident, that as the com­mon wealth hath this authority to chuse and [Page 13] change her gouerment, so hath she also to li­mite the same vvith vvhat lavves and condi­tions she pleaseth, wherof ensueth the great diuersity of authority and power vvhich ech The com­mon vvealth li­miteth the go­uernors authori­ty. one of the former gouerments hath, as for ex­ample, the Consuls of Rome vvere but for one yeare, other officers and Magestrates vvere for more, or lesse tyme, as their commō wealth did alott them: The Dukes of Venice at this day are for their liues (except in certayne cases wherin they may be deposed) & thos of Genua only for two years and their power (as I haue said) is very smal and much limited, and their heyres haue no clayme or pretence at al after them to that dignity, as the children and next of kinne of other Dukes of Italy haue, though in different sort also: for that the Dukedomes of Ferara, Vrbin and Parma are limited only to heyres male, and for defect therof to returne to the pope or Sea of Rome, Florence and Man­tua for like defects are to returne to the empire and do not passe to the heyrs femal or to the next of kynne as Sauoy and some others do.

Aud now if we respect God and nature, as wel, might al thes gouerments follow one law, as so different, for that neyther God not nature prescribeth any of thes particuler for­mes, but concurreth with any that the cōmon wealth it selfe appoynteth, and so it is to be be­leued, that God and nature concurred as vvel with Italy when it had but one Prince, as now when it hath so many, and the like with Ger­many [Page 14] and the like also with Swizerlād, which once was one common vvealth only vnder the dukes and Marqueses of Austria and now are deuided into thirtene Cantons or common wealthes vnder populer Magestrates of their owne, as hath bin said: so as when men talke of a natural Prince or natural successor (as many tymes A Natu­ral Prin­ce. I haue hard the vvord vsed) if it be vnderstood of one that is borne within the same Realme or countrey and so of our owne natural blood, it hath some sense, though he may be both good or badd, (and none hath bin worse or more cruel many tymes then home borne Princes:) but if it be ment as though any Prince had his particuler gouerment or interest to succeed by institutiō of nature, it is rediculous, for that na­ture giueth it not as hath bin declared, but the particuler constitution of euery cōmon wealth with-in it selfe, and so much for this first poynt which must be the ground to al the rest that I haue to say.

OF THE FORME OF MONARCHIES AND KINGDO­MES IN PARTICVLER, AND THE DIF­ ferent lawes, wherby they are to be obteyned hol­den and gouerned in dyuers countries accor­dinge as eche common wealth hath chosen & established.
CAP. II.

AL that hitherto hath bin spoken, hath appertayned to al princely and supreme gouerment in general, but now for that our matter in question, is concer­ning the succession to a kingdome, good rea­son that we should reduce our speech vnto this forme of gouerment in particuler.

First of al then, is to be considered, that of al A monar­chy the best go­uerment. other formes of gouerment the monarchy of a king in it selfe, appeareth to be the most excel­lent and perfect, and so do hold not only Ari­stotle in his fornamed bookes of pollitiques, & namely in his third (with this only condicion that he gouerne by lawes) but Seneca also and Plutarch in his morales & namely in that spe­cial A rist. li. 4. pol. a. c. 9. Seneca. Plutarch. treatise wher-in he discusseth, an seni sit Respub: tractanda, whether an old man ought to take vppon him the gouerment of a common wealth or no: wher he saith that, regnum inter omnes respub: consumatissima & prima est, a kingdo­me is the most perfect common wealth, among al other, & the very first: that is to say, the most [Page 16] perfect for that it hath most commodities and least inconueniences in it selft, of any other gouerment, and it is the fitst of al other, for that al people commonly made their choise at the begining of this kind of gouerment, so as of al other it is most ancient, for so we read that among the Sytians, Medes, and Persians The anti­quity of Monar­chy. their first gouernours were kings and when the children of Israel did aske a kynge at the hands of Samuel, which vvas a thousand yeares be­fore the comming of Christ, they alleaged for 1 Reg. 8. one reason that al nations round about them had kings for their gouernours, and at the very same tyme, the chiefest cyties and common vvealths of Greece, as the lacedemonians, Athenians, Corinthians, and others, wherof di­uers afterwards tooke other gouerments vnto themselues, for the abuses in kingly gouermet committed, at that tyme vvere gouerned by kings as at large proueth Dyonisius Halicar­nasseus, Dionys. Haly l. 5. Cornel. Tacit. l. 3. Cicero l. 1. Offic. Cornelius Tacitus, Cicero & others.

The Romans also began vvith kings as be­fore I haue noted, and the reason of this is, for that as our Christian doctors do gather, (espe­cially S. Hierome and S. Chrisostome) this kind of gouerment resembleth most of al the gouer­ment Hierom. l. 2. epist. 12 Chrisost. ho. 23. of God, that is but one: it representeth the excellency of one sonne that lightneth al the plannets, of one soule in the body that go­uerneth al the powers and members therof, and finally they shew it also to be most conforme vnto nature, by example of the bees which do [Page 17] choose vnto themselues a kinge, and do liue vnder a monarchy as the most excellentest of al other gouerments, to which purpose also I ha­ue hard alleaged somtymes by diuers those wor­des of S. Peter. Subiecti estote omni humanae creatu­rae 1. Pet. 2. propter Deum, siue regi quasi precellenti: siue ducibus ab eo missis, &c. Be you subiect of euery humane creature, for Gods cause, whether it be to a king, as the most excellent, or to Dukes sent by God for the punishment of euil men and prai­se of the good. Out of which wordes some do note two points, first that as one the one side the Apostle doth plainely teach that the magistra­tes authority is from God, by his first institutiō, Tvvo poyntes to be no­ted. in that he sayeth, vve must be subiect to them for Gods cause, so on the other side, he calleth it a humane creature or a thing created by man, for that by mans free choise this particuler forme of gouerment (as al other also) is appoynted in euery common wealth, as before hath bin de­clared: and that by mans election and consent, the same is layd vppon some particuler man or vvoman, according to the lawes of euery coun­trey, al which maketh it rightly to be called both a humane creature, and yet from God.

The second poynt which diuers do note out of thes wordes, is, that S. Peter calleth a king Hovv S. Peter calleth a king most excellent. most excellent, which thoughe it may be vn­derstood in rcspect of the Dukes authority, wherof immediatly ther followeth mentiō: yet may it seeme also to be taken and verified of kingly authority in respect of al other gouer­ments [Page 18] seing that at this tyme when the Apostle wrote this epistle, the chiefe gouernour of the world, vvas not called king but emperour, and therfore seing in such a tyme S. Peter affirmeth the state of kingly gouerment to be most ex­cellent, it may seme he meant it absolutly sig­nifying therby that this is the best kind of go­uerment among al others, though to confesse the truth betwene the title of king and Empe­ror ther is litle or no difference in substance, but only in name, for that the authority is equal, euery king is an Emperor in his owne kingdome.

And finally the excellency of this gouerment aboue al other, is not only proued by the perfe­ction therof in it selfe, as for that it is most an­cient simple and conforme vnto nature, & most resembling the gouerment of God himselfe, as hath bin said, but by the effects also and vtility that it bringeth vnto the subiects, with farr Vtilites of a king­dome and in conue­niences of other gouer­mentes. lesse, inconueniences then any other forme of gouerment what-soeuer if vve compare them together: for in the monarchy of one king, ther is more vnity, agreement, and conformity, and therby also celerity commonly in dispa­ching of busines, and in defending the cōmon vvealth, then vvher many heades be: lesse pas­sions also, in one man then in many: as for ex­ample in Democratia, vvher the common people do beare the cheife sway, which is bellua multo­rum capitum as Cicero wisely said, that is, a beast Cicerol. x offic. De­mocratia. of many heades, ther is nothing but sedition, [Page 19] trouble, tumults, outrages, and iniustices com­mitted vppon euery litle occasion, especially vvher crafty and conning men may be admit­ted to incense or assuage them with sugred vvords, such as were the Orators in Athens, and other cyties of Greece, that had this gouermēr, and the Tribunes of the people of Rome, and other such populer and plausible men, vvho could moue the vvaues, rayse vp the windes, and inkindle the fier of the vulgar peoples af­fections, passions or furies at their pleasure, by which vve see that of al other common vveal­thes, these of populer gouerment, haue soonest come to ruine, vvhich might be shevved not only by old examples of Greec, Asia, and Afri­ca, but also of many cyties in Italy, as Florence, Bolonia, Siena, Pisa, Arezzo, Spoleto, Perugia, Miseries of popu­ler gouer­ment in Italy. Padua and others, vvhich vppon the fall or di­minution of the Roman Empire (vnder which they vvere before) tooke vnto themselues po­puler gouerments, vvherin they vvere so tossed vvith continual sedition, mutines, and bāding of factions, as they could neuer haue ende therof, vntil after infinite murthers massacres and inundatiō, of blood, they came in the ende to be vnder the monarchy of some one Prince or other, as at this day they remayne: so that of al other gouerments this is the vvorst.

The second forme, which is called Oligar­chia or Aristocratia (for that a few and those presumed to be the best, are ioyned together in Aristo­cratia. authority) as it doth participate some thinge [Page 20] of both the other gouermēts, to wit, of monar­chia and Democratia, or rather tempereth them both: so hath it both good and euil in it; but yet inclineth more to the euil, for the disunion that commonly by mans infirmity & malice, is among thos heades, for vvhich cause the states before named of Venice and Genua, vvhich were wont to haue simply this gouer­ment of Aristocratia, in that their regiment was by certaine chose senators, were inforced in the end, to chuse Dukes also, as heades of their senates, for auoyding of dissention, and so they haue them at this day, though their authority be but smale as hath bin said.

We see also by the examples of Carthage & Rome wher gouerment of Aristocratia, tooke place, that the diuision and factions among the senators of Carthage, was the cause why ayde and succor was not sent to Hanibal, their Cap­taine [...]. [...]. l. 30. in Italy after his so great and important victory at Cannas which was the very cause of the sauing of the Roman Empire, and the Eutrop. l. 3. losse of their owne. As also afterwardes the Oros. l. 5. & 6. emulations, discord, and disunion, of the Ro­man senators, among themselues in the affai­res and contentions of Marius and Silla, and of Pompey and Cesar, was the occasion of al their destruction & of their common vvealth with them.

Euident then it is, that of al other gouer­ments the monarchy is the best, & least subiect to the inconueuiences that other gouerments [Page] haue, and if the prince that gouerneth alone & hath supreme authority to himselfe, as he re­sembleth God in this poynte of sole gouermēt, The cau­se vvhy lavves be added to Kings. so could he resemble him also, in wise, discret, and iust gouerment, and in ruling without pas­sion: no doubt, but that nothing more excellent in the world could be desired for the prefect fi­licity of his subiects: but for that a king or Prince is a man as others be, and therby not only subiect to errors in iudgment, but also, to passionat affections in his wil: for this cause, it was necessary that the common vvealth, as it gaue him this great power ouer them, so it should assigne him also the best helpes that might be, for directing and rectifying both his wil and iudgment, and make him therin as like in gouerment to God, whom he representeth, as mans fraylty can reach vnto.

For this consideration they assigned to him first ofal, the assistance and direction of law, wherby to gouerne, which law Aristotle saith. Est mens quaedam nullo perturbata affectu, it is a cer­tayne Arist. l. 3. pol. c. vlt. mynde disquieted with no disordinate affection, as mens myndes commonly be, for that when a law is made, for the most part, it is made vppon dew consideration and delibera­tion, and without perturbation of euil affe­ctions, as anger, enuy, hatred, rashnes, or the like passions, and it is referred to some good end and commodity of the common vvealth, which law, being once made, remayneth so stil without alteration, or partial affectiō, being [Page 22] indifferent to al and partial to none, but telleth one tale to euery man, & in this it resembleth the perfection as it were of God himselfe, for the which cause the said philosopher in the sa­me place, addeth a notable wise sayng, to wit, that he which ioyneth a law to gouerne with the Prin­ce, A nota­ble saying Arist. l. 3. Pol. c. 12. ioyneth God to the Prince, but he that ioyneth to the Prince his affection to gouerne, ioyneth a beast: for that mens affections and concupiscenses are com­mon also to beastes: so that a Prince ruling by law is more then a man, or a man deifyed, and a Prince ruling by affections, is lesse then a man, or a man brutified. In an other place also the same philpsopher sayeth that a Prince that leaueth law and ruleth himselfe & others by his owne appetite and affections, of al creatu­res Arist. l. 1. Pol. c. 2. is the worst and of al beasts is the most furious and dangerous, for that nothing is so outragious, as iniustice armed, and no armor is so strong, as witt and authority, wherof the first he hath in that he is a man, and the other in that he is a Prince.

For this cause then al common wealthes ha­ue Diuers names & propeties of la­vves. prescribed lawes vnto their Princes, to go­uerne therby, as by a most excellent, certayne & immutable rule, to which sense Cicero, said leges sunt inuentae vt omnibus semper vna & [...] Cie. lib. 2. offic. voce loquerentur, lawes were inuented to the ende, they should speake in one and the [...] same sense, to al men. For which very reason in lyke maner thes lawes haue bin called by Phi­losophers a rule or square, inflexible, and by [Page 23] Aristotle in particular a mynde without pas­sion, as hath bin said, but the Prophet Dauid who was also a Prince & king, semeth to cal it by the name of Discipline, for that as discipline Lavv is the disci­pline of a vveale pu blique. doth keepe al the partes of a man or of a parti­culer house in order, so law vvel ministred, keepeth al the partes of a common vvealth in good order, and to sheow how seuerely God exacteth this at al Princes handes, he sayth the­se wordes. And now learne ye kinges and be instru­cted, Psal. 2. you that iudge the world: serue God in feare and reioyse in him with trembling, embrace ye discipline, least he enter into wrath, and so ye perish from the way of righteousnes. Which wordes being vtte­red, by a prophet and king do conteyne diuers poynts of much cōsideration, for this purpose: as first, that kings and Prince are bound to learne law and discipline, and secondly to obserue the same vvith great humility and feare of Gods wrath, and thirdly that if they do not, they shal perish frō the way of righteousnes, as though the greatest plage of al to a Prince weare to lose the way of righteousnes, law, and reason in his gouerment, and to giue himselfe ouer to passion, and his owne vvil whereby they are suer to come to shipwrack, and thus much of the first helpe.

The second help that common wealthes haue giuen to their kings and Princes especial­ly The Coū ­cels of Princes, a great healp. in later ages, hath bin cerrayne councelles and councellors with whom to consult in mat­ters of most importance, as we see the parla­ments [Page 24] of Ingland and France, the courtes in Spayne and diets in Germany, vvithout which no matter of great moment can be concluded, and besides this commonly euery king hath his priuy councel, whom he is bound to heare, and this vvas done to temper somwhat the ab­solute for me of a Monarchy whose danger is by reason of his sole authority, to fal into ti­ranny as Aristotle vvisely noteth, in his fourth Arist. l. 4. Pol. c. 10. booke of politiques, shewing the incōuenien­ce or dangers of this gouerment: vvhich is the cause that vve haue few or no simple monar­chies now in the world, especially among Chri­stians, but al are mixt lightely with diuers poin­tes of the other two formes of gouerment also, and namely in Ingland al three do enter more The mo­narchie of Inglad rēpered. or lesse, for in that ther is one king or Queene, it is a monarchy: in that it hath certayne coun­celles which must be hard: it participateth of Aristocratia, and in that the commonalty haue their voices and burgesses in parlament, it ta­keth part also of Democratia, or populer go­uerment, al which limitations of the Princes absolute authority, as you see, do come for the common wealth, as hauing authority aboue their Princes for their restraint to the good of the realme, as more at large shalbe proued hereafter.

From like authority and for like considera­tions The re­straints of kingly po vver in al estates. haue come the limitations of other kings and kingly povver in al tymes and countries, from the beginning, both touching themselues [Page 25] and their posterity and successors as breefly in this place I shal declare.

And first of al, if we vvil consider the tvvo most renoumed and allowed states of al the world I meane of the Romans and Grecians, vve shal finde that both of them began vvith kings, but yet vvith far different lawes and re­straints, about their authorityes: for in Rome the kings that succeded Romulus, their first Roman Kings. founder, had as great and absolute authority as ours haue now a dayes, but yet their children or next in blood succeded them not of necessi­ty, but new kings were chosen partly by the se­nate, and partly by the people, as Titus Liuius Liu. lib. 1. dec. 1. testifieth, so as of three most excellent kings that ensewed immediatly after Romulus, to wit, Numa Pompilius, Tullius Hostilsus, & Tarqninus Priscus, none of them were of the blood royal nor of kyn the one to the other, no nor yet Ro­mans borne, but chosen rather from among straingers, for their vertue and valor, and that by election of the senate and consent of the people.

In Greece, and namely among the lacede­monians Grecian kings. which vvas the most emynent king­dom among others at that tyme, the succession of children after their fathers was more certay­ne, but yet as Aristotle noteth, ther authority & Arist. li. 2. c. 8. polit. Plutarch. in Ly­curg. power was so restrayned by certayne officers of the people named Ephori (which commonly vvere fiue in number) as they were not only checked and chastined by them, if occasion ser­ued [Page 26] but also depriued and some tymes put to death: for which cause the said philosopher did iustly mislike this emynent iurisdiction of the Ephori, ouer their kings: but yet hereby we see vvhat authority the common wealth had in this case, and what their meaning vvas in ma­king lawes and restrayning their kings power, to wit, therby the more to binde them to do iustice, which Cicero in his offices vttereth in tbes vvordes. Iustitiae fruendae causae apud maiores [...] & ise Asia & in Europe bene morati regesolint Cic. lib. 2. [...] sunt constituti, &c. at cum ius aequabile ab vno viro [...] [...] non consequerentur, inuentae sunt leges. Good kings vvere appoynted in old tyme among our ancestors in Asia and Europe to the end therby to obteyne iustice, but when men could not ob. teyne equal iustice at one mans handes, they inuented lawes.

The same reason yealdeth the same philoso­pher in another place, not only of the first in­stitution of kingdomes, but also of the chainge therof agayne into other gouerments, when thes vvere abused. Omnes antiquae gentes regibus Ciclib. 3. de [...] [...] paruerunt, &c. That is, ‘al old nations did liue vnder kingdomes at the beginning, which king of gouerment first they gaue vnto the most iust, and wisest men, which they could finde, and also after for loue of them, they gaue the same to their posterity ot next in kynne, as now also it remayneth vvher kingly gouer­ment is in vse: but other countries which liked not that forme of gouerment, and haue shaken [Page 27] of, haue done it not that they wil not be vn­der any, but for that they wil not be euer vnder one only.’

Thus far Cicero, and he speaketh this prin­cipally in deferice of his-owne cornmō wealth [...] I meane the Roman, which had cast of that kinde of gouerment, as before hath bin said, for the offence they had taken agaynst cessayne kings of thers, and first of al, agaynst [...] himselfe their first founder, for [...] at his pleasure without law, as Titus [...] [...], [...] for which cause the senators at length [...] him, and cut him in smal peces. And aftervards they were greatly greeued at the entring of Seruius Tullius, their sixt king, for that he gaue the crowne by fraude and not by election of the senate, and special approbation of the people, as he should haue done: but most of al they were exasperated by the proceeding of their se­uenth kinge named Lucius Tarquinas, surnamed the proud, who for that (as Liuius faith) he ne­glected [...] the lawes of gouerment prescribed no him by the common wealth, as namely in that he consulted not with the senate in matters of great importance, & for that he made war & peace of his owne head & for that he appoynted to himselfe a gard as though he had mistrusted the people, and for that he did vse ininstice to diuers particuler men, and suffred his children to be insolent, he was expelled with al his po­sterity and the gouerment of Rome changed from a kingdome vnto the regiment of con­suls, [Page 28] after two hundreth yeares that the other had endured.

And thus much for those kingdomes of Italy and Greece: And if likewise we wil looke vp­pon other kingdomes of Europe, we shal see Restraints of king­domes in Europe. the very same, to wit, that euery kingdome & countrey hath his particuler lawes prescribed to their kings by the common vvealth, both for their gouerment, authority, and succession in the same: for if we behold the Romā Empire it selfe, as it is at this day annexed to the Ger­maine electors, though it be the first in dignity among christian Princes, yet shal we see it so restrayned by particuler lawes, as the Emperor can do much lesse in his state, then other kings in theirs, for he can nether make vvarr nor ex­act any contribution of men, or money, ther­unto, but by the free leaue and consent of al the states of the Germayne diet or parlament, and for his children or next in kynn, they haue no action, interest or pretence at al to succed in their fathers dignity, but only by free electiō, if they shalbe thought vvorthy. Nay one of the chiefest poynts that the Emperor must sweare at his entrance, as Sleydan writeth, is this, Sleydan lib. 8. An. 1532. that he shal neuer go about to make the dignity of the Emperor peculiar or hereditary to his family, but leaue it vnto the seuen electors free in their power, to chuse his successor, according to the law made by the pope Blond. Di cad. 2. li. 3 Crant. li. cap. 25. Gregory the fyfth, and the Emperor Charles the fourth in this behalfe.

[Page 29]The kingdomes of Polonia & Boemia do go Kingdo­mes of polonia and Boe­mia. much after the same fashion, both for there re­strainte of power, and succession to their kings. For first touching their authority, they haue great limitation, nether can they do any thing of great moment, without the consent of cer­tayne principal men called Palatines or Castel­lans, Herbert li. 9. hist. Polon. nether may their children or next of blood succede except they be chosen, as in the Em­pire. Crome­rus lib. 3. Hist. Po­lon.

In Spayne, France, and Ingland, the priuile­ges of kings are far more eminent in both thes points, for that both their authority is much more absolute, and their next in blood do ordi­narily succede, but yet in different manner: for as touching authority it semeth that the kings of Spayne and France, haue greater then the Kinges of Spayne Fraunce and In­gland. king of England, for that euery ordination of thes two kings, is law in it selfe, without fur­ther approbatiō of the common wealth, which holdeth not in England, where no general law can be made without consent of parlament: but in the other pointe of succession, it appeareth that the restraint is far greater in thos other two countries, then in Ingland, for that in Spayne the next in blood cannot succede be he neuer so lawfully descended, but by a new approba­tion of the nobility and bishops, and states of the Realme, as it is expresly set downe in the two ancient councelles of Tolledo the fourth Concil. blet. 4. c. 74. & cō ­cil. s. c. 3. and fifth. In confirmation wherof we see at this day, that the king of Spaynes owne sonne, can­not [Page 30] succede not be called Prince, except he be first sworne by the said nobility and states in token of their new consent, and so we haue seene it practized in our dayes towards three or fower of King Philips children, which haue succeded the one after the other in the title of Princes of Spaine, and at euery chainge a new oth required at the subiects handes, for their admission to the said dignity, which is not vsed in the kings children of France or Ingland.

In France the world knoweth, how women, Peculiar manner of succes­sion. are not admitted to succed in the crowne be they neuer so neare in blood, nether any of their issue, though it be male. For which cause I doubt not but you remēber how king Edward the third of Ingland though he were sonne & heyre vnto a daughter of France, whose three An. 1340. Paul. Anil. hist. Franc. l. 2. Gerard. du Hayl­lan lib. 14 hist. Frāc. brethren were kings and left hir sole heyre to hir father king Phillip the fourth surnamed the fayre, yet vvas he put by the crowne, as also was the king of Nauar, at the same tyme, who was sonne and heyre vnto this womans eldest brothers daughter, named Lewis Huttin king of Ftance, (which king of Nauar therby see­med also to be before king Edward of Ingland) but yet were they both put by it, and Philip de Vallois, a brothers sonne of Phillip the faire, was preferred to it, by general decree of the sta­tes Fran. Bel­for llb. 5. cap. 1. An. 1327. of France, and by vardit of the whole par­lament of Paris, gathered about the same af­fayre.

Nether did it auayle, that the two kings a [Page 31] fore said alleaged, that it was agaynst reason & conscience and custome of al nations, to exclud Reasons for succes­sion of vvomen. vvomen, from the succession of the crowne which appartayned vnto them by propinquity of blood, seing both nature & God hath made them capable of such succession euery where, as it appereth by example of al other nations, and in the old testament among the people of god it selfe, wher we see women haue bin ad­mitted, vnto kingdomes by succession, but al this (I say) preuayled not, vvith the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara, infanta of Spayne vnto The in­fanta of Spayne & Prince of Lorayne. the said crowne of France though by dissent of blood ther be no question of her next propin­quity for that she is the eldest child of the last kings eldest sister.

The like exclusion is made agaynst the Prin­ce of Lorayne that now liueth, though he be a man, and nephew to the last king, for that his title is by a woman, to wit, his mother, that vvas yonger sister vnto the last king Henry of France.

And albeit the law called Salica, by the Frenchmen, by vertue vvherof they pretend to Gerard du Haillan Lib. 13. Hist. Frāc. & Anno 1317. & lib. 14. An. 1328. & lib. 3. de l'Estat defrunaee. exclude the succession of vvomen, be no very ancient law, as the French themselues do con­fesse, and much lesse made by Pharamond ther first king, or in thos ancient tymes as others without ground do affirme: yet do vve se that it is sufficient, to bynd al Princes and subiects of that realme, to obserue the same, and to alter [Page 32] the course of natural discent, and nearnes of blood as vve haue seene, and that the king of Nauarr and some other of his race by vertue of this only law do pretend at this day to be next in succession to this goodly crowne, though in nearnes of blood they be farther of, by many degrees from the last king Henry the third, then either the foresaid Enfanta of Spayne or the Prince of Lorrayne that now is, vvho are children of his owne sisters, which poynt yet in Ingland vvere great disorder, and would not be suffered, for that our lawes are otherwise, & vvho made thes lawes, but the common wealth it selfe.

By al vvhich vve see that diuers kingdomes, haue diuers lawes and customes in the matter of succession, and that it is not enough (as often I haue said) for a man to alleage bare propin­quity of blood, therby to preuaile, for that he may be excluded or put back by diuers other circumstances, and for sundry other reasons which afterward we shal discusse.

Yea, not only in this pointe (said he) hath the commō wealth authority to put back the next Kings lavvfully possessed may be depriued. inheritors vppon lawful considerations, but al­so to disposesse them that haue bin lawfully put in possession, if they fulfil not the lawes and condicions, by which and for which, their di­gnity vvas giuen them. Which poynt as it can­not serue for vvicked mē to be troblesome vnto their gouernors, for their owne interests or ap­petits, so yet when it is done vppon iust and [Page 33] vrgent causes and by publique authority of the whole body: the iustice therof is playne, not on­ly by the grounds and reasons before alleaged, but also by thos examples of the Romans and Grecians alredy mentioned, vvho lawfully de­posed their kings vppon iust considerations, & chainged also ther monarchie and kingly go­uerment, into other formes of regiment. And it might be proued also, by examples of al other nations, and this perhapps vvith a circum­stance A marka­ble circū ­stance. vvhich I know not, vvhether euery man here haue considered the same, to vvit, that God hath vvonderfully concurred for the most part, vvith such iuditial actes of the common vvealth agaynst their euel Princes, not only in prospering the same, but by giuing them also commonly some notable successor in place of the deposed, therby both to iustify the fact, and to remedy the faulte of him that went be­fore.

To this al the company answered, that they had neuer much thought, nor made reflexion vppon any such circumstance, and therefore that it could not be but a pointe of much nouelty, to here the same discussed, requesting him to say what he had obserued or read in that be­halfe.

I am content (said he) but yet vvith this pre­face, Agaynst rebellious people and con­temnors of Prin­ces. that I am far from the opinion of thos people of our dayes, or of old, who make so litle accompt of their duty tovvards Princes, as be their title vvhat it wil, yet for euery mislike of [Page 34] ther owne they are redy to band agaynst them whersoeuer they thinke they may make their partie good, inuenting a thowsand calumnia­tions for ther discredit without conscience or reason, vvhom in deede I do thinke to haue litle conscience or none at al but rather to be those vvhom the Apostles S. Peter and S. Iude did speake of vvhen they said. Nouit Dominus iniquos [...] in diem iudicij reseruare, cruciandos, magis autemeos qui dominationem contemnunt, audaces, sibi placen­tes, [...] &c. God knoweth how to reserue the wic­ked vnto the day of iudgment ther to be tor­mented, but yet much more those vvhich do contemne domination, or gouerment, and are bold and liking of themselues, thus much ther.

Nay further, I am of opinion, that whatsoe­uer [...] a Princes title be, if once he be setled in the crowne, and admitted by the common wealth (for of al other holdes I esteeme the tenure of a crowne) if so it maye be termed (the most irre­guler and extraordinary) euery man is bound to setle his conscience to obey the same, in al that lawfully he may commaunde, and this without examination of his title, or interest, for that (as I haue said) God disposeth of kingdo­mes and vvorketh his vvil in Princes affayres as he pleaseth, and this by extraordinary meanes, oftentymes so that if vve should examine the titles at this day, of al the Princes of Christen­dome, by the ordinary rule of priuate mens rightes successions or tenures, vve should find so many knotts and dificulties, as it vvere hard [Page 35] for any law to make the same playne, but only the supreme law of gods disposition, which can dispense in what he listeth.

This is my opinion in this behalf for true [...] and quiet obedience, and yet on the other side, as far of am I from the abiect and vvicked fla­tery of such as affirme Princes, to be subiect to no law or limitation at al, either in authority gouerment, life, or succession, but as though by nature they had bin created kings from the be­gining of the vvorld, or as though the common vvealth had bin made for them and not they for the common vvealth, or as though they had begotten or purchased or giuen life to the vvealpublique, and not that the vvealpublique had exalted them or giuen them their authori­ty honor and dignity: so thes flatterers do free them, from al obligation, dewty reuerence or respect vnto the whole body wherof they are the heades, nay expresly they say and affirme that: al mens goodes bodies and liues, are the Princes at their pleasures to dispose of: that they are vnder no [...] flateries [...] by Bellay & others. law or accompt-giuing whatsoeuer, that they succed by nature and generation only, and not by any authority admission or approbation of the common wealth, and that consequently no merite or demerit of ther persons is to be respected, nor any consideration of their natures or qualities, to wit of capacity, dispositiō, or other perso­nal circumstances, is to be had or admitted, and do they what they list, no authority is ther vnder God, to thasten them.

Al thes absurd paradoxes, haue some men of [Page 36] our dayes vttered in flatery of Princes, and na­mely of late, one Belloy a French man (as before Belloy in apolog. cath. & apolog. pro rege. I signified) in tvvo bookes which he called ap­pologies, the one catholique, and the other for the king, both vvhich he semeth to vvrite in fauour of the king of Nauare, (and as other also cal him king of France) but in my opinion, he deserueth smal commendation, or revvard to defend a kings title, vvith such assertions and propositions, as do destroy al law reason con­science and common vvealth, and do bring al to such absolute tyrany as no realme euer did or could suffer among ciuil people, no not vn­der the dominion of the Turke himselse at this day, vvher yet some proportion of equity is held betwene the Prince and the people, both in gouerment and succession, though nothing so much as in Christian nations.

Wherfore to auoyd thes two extremes, I shal proue vnto you, the meane before mentioned, The pur­pose of the next Chapter. to vvit, that as al the duty, reuerence, loue, and obedience before named, is to be yealded vnto euery Prince which the common wealth hath once established: so yet retayneth stil the com­mon wealth her authority not only to restrayne the same Prince, if he be exorbitant, but also to chasten and remoue him, vppon due & waighty considerations, and that the same hath bin donne and practised at many tymes in most na­tions, bothe Christian & otherwise vvith right good successe, to the weal publique, and this shalbe the argument (if you thinke good) of [Page 37] our next meeting, for that now it is late, and I would be loth to haue you go away vvith my tale halfe tould, for that it is a matter of much moment, as to morrow you shal here.

Al vveare content vvith this resolution, and so departed euery man, to his loging, vvith pur­pose to returne the next morning somwhat more early then their accustomed houre to the end the matter might be thoroughly de­bated.

OF KINGS LAVVFVL­LY CHASTISED BY THEIR COMMON VVEALTHES FOR THEIR misgouerment, and of the good and prosperous successe that God commonly hath giuen to the same.
CAP. III.

THE company vvas no soner come to­gether the next morning, but they were al at the ciuiliā lawyer to perfor­me his promise, and to prosecute the matter he had propounded the night before: to vvhom he answered, you require of me (if I be Tvvo pointes to be pro­ued. not deceaued) two points ioyntly to be proued vnto you, the first that common wealthes haue chastised somtymes lawfully ther lawful Prin­ces, though neuer so lawfully they vveare des­cended, or otherwise lawfully put in possession of their crowne, and secondly that this hath [...] [Page 36] [...] [Page 37] [Page 38] fallen out euer, or for the most part, commo­dious to the vvealpublique, & that it may seeme that God approued and prospered the same, by the good successe and successors that ensevved therof. Which two points, I am content (quoth he) to shew vnto you, by some examples for that the reasons herof haue in part bin declared before, & shalbe more in particuler hereafter, but yet must I do this vvith the protestation, before mentioned, that nothing be taken out of this my spech, agaynst the sacred authority Nothing hear spo­kē against devv re­spect to Princes. and dew respect and obedience, that al men do owe, vnto Princes both by Gods law and nature as hath bin proued, but only this shal serue to shew that as nothing vnder God is more ho­norable, amiable, profitable or soueraine, then a good Prince: so nothing is more pestelent of bringeth so general destruction and desolation as an euel Prince. And therfore as the vvhole body is of more authority then the only head, and may cure the head if it be out of tune, so may the Wealpublique cure or cutt of their heades, if they infest the rest, seing that a body ciuil may haue diuers heades, by succession, and is not bound euer to one, as a body natural is, vvhich body natural, if it had the same ability that whē it had an aking or sickly head, it could cut it of and take an other, I doubt not, but it vvould so do, and that al men would confesse that it had authority sufficient & reason to do, the same rather then al the other partes should perish or liue in payne and continual tourmēt: [Page 39] but yet much more cleare is the matter that vve haue in hand for disburdening our selues of vvicked Princes, as now I shal begin to proue vnto you.

And for profe of both the poynts ioyntely Depriua­tions of kings re­counted in scriptu re. which you require, I might beginn perhaps with some examples out of the scripture it selfe, but that some man may chāce to say, that thes things recounted ther of the Iewes, vvere not so much to be reputed for acts of the com­mon wealth, as for particuler ordinations of God himselfe, vvhich yet is not any thing agaynst me, but rather maketh much for our purpose. For that the matter is more authorized hereby, seing that what soeuerGod did ordeyne or put in vre in his common vvealth, that may also be practised by other common vvealthes, now hauinge his authority and approbatiō for the same. Where-fore (said he) though I do hastē to examples that are more nearer home, and more proper to the particulier purpose wherof vve treat, yet can I not omit to note some two or three out of the bible, that do apperteyne to this purpose also, & thes are the depriuation and putting to death of two wicked kings of Iuda, named Saul and Amon, (though both of 1. Reg. 31. 4. Reg. 21. 44. them vvete lawfully placed in that dignity) and the bringing in of Dauid and Iosias in their roomes, vvho were the two most excellent Princes that euer that nation or any other (I thinke) haue had to gouerne them.

And first king Saul though he were elected [Page 40] by God (as you know) to that royal throne, yet vvas he slayne by the Philistians by Gods order as it vvas foretold him for his disobedience & not fulfillinge the law & limites prescribed vnto hym. Amon was lawful king also & that by na­tural discent & successiō for he was sonne & heyre to king Manasses whom he succeded and yet was he slayne by his owne people, quia non ambulauit in via Domini. for that he walked not in the vvay prescribed vnto him by God: and vnto thes two kings so depriued, God gaue two suc­cessors, as I haue named, the [...] wherof are King Io­sias. not to be found in the whole ranck of kings for a thousand yeares togeather: for of Iosias it is written, Fecit quod erat rectum in conspectu Domini, & non declinauit neque ad dextram neque ad sinistrā. 2. Paralip. 34. [...] he did that which was right in the sight of God, nether did he decline vnto the right hand nor the left. He reigned 31. yeares, and Hieremias the prophet that liued in his tyme, loued so extre­mely 2. Paralip. 35. this good king, as he neuer ceased after­wards to lament his death as the scripture sayeth.

As for king Dauid, it shal not be need-ful to King Da­uid. say any thing, how excellent a king he vvas, for as many lerned men do note, he was a most perfect paterne for al kings that should follow in the world, not as king Cyrus whom Xeno­phon Xenophō in Cyro­paed. did paint out more according to his owne imagination of a perfect king, that he wished, then to the truth of the story, but ra­ther as one that passed far in actes that which [Page 41] is written of him, and this not only in matters of religion, piety, and deuotion: but also of che­ualry valor wisdome & pollicy, nether is it true which Nicholas Machauel, the Florentyne, and Nich. Ma­chal l. 2. c. 2. in Tit. Liuius. some others of his new vnchristian schole do affirme, for defacing of christian vertue, that religion and piety are letts ostentymes to politique and wise gouerment, and do breake or weaken the high spirits of magnanimous men, to take in hand greate enterprises for the common wealth. This (I say) is August. l. de Gran. extreme false, for that as diuines are wont to say (and it is most true) grace doth not destroy or corrupt but perfecteth nature, so as he which by nature is valiant, wise, liberal, or politique, shalbe the more, if also he be pious and reli­gious. Which we see euidentlv in king Dauid, who notwithstanding al his piety, yet omitted he nothing apperteyning to the state and go­uerment of a noble wise and politique Prince. For first of al, he began with reformation of his owne court and realme in matter of good The vvis­dome and piety of King Da­uid. life and seruice of God, wherin he vsed the counsel and direction of Gad and of Nathan the Prophet, as also of Abiathar and Hitam the cheefe priestes, and of Heman his wise coun­cellor. He reduced the whole clergie into 24. 1. Paralip. 15. degrees, appointing foure thousand singars with diuers sortes of musycal instruments, vn­der 1. Psal. 24. & 25. Asaph, Heman and other principal men that should be heades of the quyre. He appoynted al officers needful both for his court and also the commō wealth, with the armes of the crowne, [Page 42] which was a Lyon, in remembrāce of the Lyon which he had slayne with his owne handes, Thearmes of King Dauid. when he vvas a child: he ordeyned a mynt with a peculier forme of money to be stamped: tooke order for distributing reliefe vnto the poore, & other lyke actes of a prudent and pious Prince.

After al this he turned him selfe to his old ex­ercise His valor in chiual­ry. of warres, to which he was giuen from his child hood, being wonderful valiant of his owne person as appereth by the Lion and beare that he slew vvith his owne handes, and the co­rage vvherwith he tooke vppon him the com­bat with Goliath, and as he had shewed him­selfe a great vvarier and renowmed captayne many yeares in the seruice of Saul, agaynst the Philistians, and had gayned many noble vi­ctoryes: King Da­uides vi­ctoires. so much more did he after he vvas king hymself, for that he conquered not only the Philistians, but also the Amorits, Idumeans, Moabites, vvith the kings and people of Da­masco and al Syria, euen vnto the ruier Eupha­tes, & left al thes countryes peace-able to his successor and the scripture recompteth in one 2. Reg. 8. only chapter, how that in three or foure battai­les wherin Dauid himselfe vvas present, vvith Paral. 18 [...] in the space of two or three yeares, almost a hundreth thousand horse and foote slayne by him, and that himselfe slew in his dayes eight hundreth vvith his owne handes, and that he made by his example thirty & seuen such Cap­taynes 2. Reg. 23 Ioseph. l. 7 antiq c. 10 as ech one of them was able to lead and gouerne a vvhole army, and yet among al thes [Page 43] expenses of vvarres had he care to lay vp so much money and treasure as vvas sufficient for the buylding of that huge and vvonderful tem­ple after him, which he recommended to his sonne Salamon, and amiddest al this valor and couradge of so vvarlyke a king and Captayne, 2. Reg. 7. had he so much humility as to humble him­selfe to Nathan the Prophet vvhen he came to rebuke him for his fault, and so mnch patience His humi lity chari­ty and dc uotion. and charity as to pardon Semei that reuyled him and threw stones at him in the high way as he vvent, and among so many and continual busi­neses, both martial and ciuil, & great affaires of the common vvealth, he had tyme to write so many Psalmes as we see, and to sing prayses se­uen tymes, a day to almighty God, and to feel that deuotion at his death which we read of, & finally he so liued and so dyed, as neuer Prince (I thinke) before him nor perhapps after hym so-ioyned together both valor and vertue cou­rage and humility, vvisdom and piety, gouer­ment and deuotion, nobility and religiō. Wher­fore though I haue bin somwhat longer then I would in this example, yet hath it not bin from the purpose to note somwhat in particu­ler vvhat two vvorthy kings vvere put vp by God in place of tvvo other by him depriued & deposed.

And now if we vvil, leaue the Hebrues and returne to the Romans, of vvhom vve spake Kings pur doune among the romās & vvhat successors they had. before, we shal find diuers things notable in that state also, to the purpose vve haue in hand. [Page 44] For before I tould you how that Romulus their first king hauing by litle and litle declined into Halicar l. 1. tyranny, he was stayne and cut in peeces by the senate (which at that tyme conteyned a hun­dred in number) and in his place was chosen Numa Pompilius the notablest king that euer they had, who prescribed al their order of reli­gion and manner of sacrifices, imitating therin and in diuers other poyntes, the rites and cere­monyes of the Iewes, as Tertulian and other fa­thers Tertul. li. de prae­scrip. con­tta haeres. Iustin. martyr apolog. do note he began also the buylding of their Capitol, added the two monethes of Ian­uary and February to the yeare and did other such notable things for that common wealth.

Agayne when Tarquinius the proud ther se­uenth and last king, was expelled by the same senate, for his euel gouerment, and the whole manner of gouerment chainged, as before hath Tit. liu. li. 1. dec. [...]. bin rouched, we see the successe vvas prospe­rous, for that not only no hurt came therby to Eutrop. l. 1. the common vvealth, but exceding much good, seing their gouerment and increase of Empire vvas so prospetous vnder their consuls for many yeares in such sort, that wheras at the end of their kings gouerment, they had but fiftene myles territory without their cytie, it is knowne, that when their consuls gouerment ended and vvas chainged by Iulius Caesar, their territory reached more then fiftene thousand myles in copasse, for that they had not only al Europe vnder ther dominion, but the principal partes also of Afia and Africa, so as this chastis­ment [Page 45] so iustly layd vppon their kings vvas pro­fitable and beneficial to their common wealthe also.

Moreouer vvhen Iulius Caesar vppon parti­culer ambition had brokē al law both humane and diuine, and taken al gouerment in to his owne hands alone, he was in reuenge hereof, Caesar Au gustus. slayne as the vvorld knoweth, by senators in the senate-house: and Octauianus Augustus pre­ferred Dion in Caesa. in his roome, vvho proued aftervvards Sueton in Caesa. the most famous Emperor that euer vvas. I might note here also how Nero sixth Empe­ror Nero Ve­spatian. of Rome vvhich succeded lawfully his vnckle Claudius in the Empire, and being after­ward deposed and sentenced to death by the se­nate for his wicked gouerment (which was the first iudicial sentence that euer the senate gaue agaynst Emperor) albeit peace insued not pre­sently, Cornel. Tacit. lib. 20. & 21. Egesip. l. 5 but that Galba Otho and Vitellius, three great Captaynes of the Empire made some litle enterludes of tragical killing of one the other, yet with-in few monethes the whole Empire by that meanes fel vppon Vespasian and his sonne Titus, two of the best gouernors that thos tymes euer saw.

The like might be noted of the noble ranck of fiue excellent good Emperors, to wit, Nerua, Traian Adrian, Antoninus Pius, aud Marcus Aurclius, Eutrop. in vita Caesa. that ensued in the empire by the iust death of cruel Domitian, which execution the senate is thought in secret to haue procured, (being not able to performe it openly by iustice) which [Page 46] vvas seen by that, that when the act vvas dōne, the senate did presently by publique decree al­low of the same, and disanulled al his barba­rous actes for their excceding cruelty, and com­maunded his armes and memories to be pulled downe euery vvhere, and chose for his succes­sor, one [...] Nerua, an Italian, a man of ex­cellent vertue, by whom they enjoyed not only the most prosperous tyme of his gouerment, but of al thos other fower before named that ensued him no lessc worthy then him selfe.

Not long after, the succession of thes excel­lent good Emperors, ther came to the crowne Helioga­bolus. by lawful discent of blood, a youth named Antoninus Heliogabolus, sonne of the Emperor Antoninus Caracalla, and nephew to the most fa­mous and noble Emperor Septimius Seuerus that dyed in Ingland. Which youth as he vvas great­ly loued and honored a great while for so wor­thy a grand father: so aftervvards for his owne most beaftly life and foule actions, he was de­priued An. Dn̄i 124. and put to death by the souldiars of Rome, at the request & common desire both of the people and senate, vvhen he had reigned six yeares, and yet vvas but twenty yeares of age, when he vvas put downe and his death & de­priuation Alius lāp. in vita Heliog. was approued by publique acte of the senate, who ordeyned also in his detestatiō, that neuer Emperor after him shonld be called more Antoninus & so it was obserued, though no other name had euer bin more gratful be­fore, to the vvorld for the remembrance of the [Page 47] good Emperors, that had bin so called.

This man being chastized as is said, ther was preferred to the Empire in his roome a goodly Alexāder Seuerus. yong man, of his next kynred named Alexander Seuerus, sonne to Mamonea which was sister to Heliogabolus his mother, and being admitted by common consent, both of the senate peopleHerod. in vit. seuen. and army, he proued one of the most rarest Ptinces for his valor and vertue, that euer the roman Empire hath had, so as the worthines of Seuerus semed to recōpencefully the wicked­nes of Heliogabolus.

Imight name, diuers other such examples & among the rest that of Maxentius, who being Maxētiua Constan­tin. lawfully possessed of the Empire in Rome, as it seemed (for that he was sonne to Maximinianus the Emperor that reigned vvith Diocletian) yet for his tyrannous gouerment that was intole­rable, it is supposed that the senate (not being able to match him in open strenght) sent pri­nily into Ingland & France, to inuite Constan­tin to come, and do iustice vppon him, and so he did, and he being drowned in the riuer of Tiber Cōstantin sutnamed afterward the great succeded in the Empire, and was the man that al men know, and the first Emperor that publi­quely professed him selfe a Christian and plan­ted our faith ouer al the world & this of the ro­mane Empyre.

And yf vve wil come lower downe, & neerer home, vve haue yet an other example, more markable perhaps then al the rest, which vvas [Page 48] the change of the Empire from the East to the vvest, for the euel gouerment of Constantin the The chan ge of the east empy re. sixth, vvho was deposed first and his eyes put, out by his owne mother Irene, and the Empire vsurped by her, but being not able to rule it in such order as was needful, for so great a monar­chy (though otherwise she were one of the rarest women for valor and vvisdome that euer the world had) she vvas depriued therof by the sentence of Leo the third, pope of Rome, and Charles the grea­te. by consent of al the people and senat of that ci­tye, and Charles king of France and of Germa­ny (surnamed aftrrward the great) vvas crow­ned Emperor of the vvest, and so hath that suc­cession An. 800. remayned vnto this day, and many wor­thy men haue succeded therin, & infinite actes of iurisdiction haue bin excersised by this au­thority which were al vniust and tyrannical, if this change of the Empire, and deposition of Irene and her sonne for ther euel gouerment had not bin lawful.

It vvere to long to runne ouer al other king­domes, yet some I shal touch in such poynts as are most notorious.

The two famous chāges that haue bin made Tvvo changs in France. Belfor. l. 1 Girard. l. 3 AEmil l. 2 Clem. Baudin. en la chro mique des Roys de France. of the royal lyne in France, the first from the race of Pharamond and Clodoueus to the lyne of pepin, and the second from the race of Pepin agayne to the lyne of Hugo Capetus, that endu­reth vnto this day, vvher on are they founded, but vppon the iudicial chastisment and deposi­tion of two euel Princes, the first of Childeric [Page 49] the third lawful king of France, who after tenn yeares that he had reigned vvas deposed, by Zaccharie the pope at the request of the vvhole nobility and cleargie of France, or rather his depriuation vvas by them, and confirmed by the pope, to whom they alleaged this reason for their doing in that behalfe, as Girard put­teth it downe in both his French Cronicles, I meane the large and the abbreuiation, to vvit, ‘that their oth to Childeric was to honor serue Reasons of depri­uation. obey, maynteyne and defend him agaynst al men, as long as he vvas iust, religious, valiant, clement, and vvould resist the enemies of the crowne, punish the wicked and conserue the good, and defend the Christian fayth. And for as much as thes promises (said they) vvere con­dicional, they ought not to hold or binde lon­ger, then that they were reciprocally obserued, on both partes, which seing they were not, on the part of Childric, they would not be any longer his subiects, and so desired Zacharias to absolue them, from their othes, which he did, and by this meanes Childric vvas deposed and put into a monastery, wher he dyed, and in his place Pepin vvas chosen and crowned king vvhos posteritie reygned for many years after hym, and were such noble kings as al the world can testifie.’

And so continued this race of Pepin in the Hugo [...], anno 988. royal throne for almost two hundreth yeares together vntil Hugo Capetus, vvho was put into the same throne by the same authority of [Page 50] the common vvealth, and Charles of Lorayne last of the race of Pepin, for the euel satisfaction which the French nation had of him was put by it, and kept prisoner during his life in the castle of Orelance. And thus much do affirme al the French Historyes, and do attribute to thes changes, the prosperity and greatnes of their present kingdome and monarchy, & thus much for France, wher many other examples might be alleaged, as of king Lewis the third, surna­med Faineant. For that he was vnprofitable, and of Charles surnamed Le gros, that succeded him both of them deposed by the states of France, and other the lyke, of vvhom I shall haue oc­casion to speake afterwards, to an other pur­pose.

But now if you please, let vs stepp ouer the pirenie mountaines, and looke into Spayne, Examples of Spayne vvher ther wil not faile vs, also diuers examples both before the opression of that realme by the Concil Tolet. 4. cap. 4. moores, as also after: For that before, to wit about the yeare of Christ 630. we reade of a Ambros moral. 1. II cap. 17. lawful king named Flaueo Suintila put downe and depriued, bothe he and his posterity in the fourth councel national of Toledo, and one Sissinando confirmed in his place, notvvithstan­ding that Suintila vvere at the beginning of his raigne a very good king, and much commen­ded by S. Isiodorus Arch bishop of Siuil, who yet in the said councel vvas the first man that sub­scribed Isidor. in [...] hi­span. to his depriuation.

After the entrance of the moores also, when [Page 51] Spayne vvas reduced agayne, to the order & go­uerment of Spanish kings, vve read that about the yeare of Christ 1282. one Don Alonso the eleuenth of that name, king of Castile, & Leon, Esteuan de Gari­bay. 1. 13 de la hist. de Espa. c. 15. succeded his father Fernando surnamed the sainct, and himselfe obteyned the surname of Sabio and Astrologo that is to say, of wise and of an Astrologer, for his excellent learning & pe­culier skil in that arte, as may vvel appeare by the Astronomy tables that at this day go vnder Tabulae Astron. Alfonsi­nae. his name, which are the most prefect and exact that euer vvere set forth by iudgment of the learned.

This man, for his euel gouerment and espe­tially for tyranny vsed towards two nephews King Don Alonso deposed. of his, as the spanish Chronicler Garauay wri­teth, vvas deposed of his kingdome by a pu­blique acte of parlament in the towne of Val­liodolid, after he had reigned 30. yeares, and his owne sonne Don Sancho the fourth, vvas crow­ned in his place, vvho for his valiant actes, was suruamed el brauo, and it turned to great com­modity of the common wealth.

The same common vvealth of Spayne some yeares after, to wit abont the yeare of Christ 1368. hauing to their king one Don Pedro, sur­named Don Pe­dro cruel deposed. the cruel, for his iniurious proceding with his subiects, though, otherwise he were lawfully seased also of the crowne, as sonne and heyre to king Don Alonso the twelfth, and had reygned among them 18. yeares, yet for his euel gouerment they resolued to depose him, and so [Page 52] sent for a bastard brother of his, named Henry that liued in France requesting him that he would come with some force of french men to Garibay l. 14. c. 40. 41. assist them, in that acte, and take the crowne vppon him self, which he did, and by the help of the Spaniards and Frēch souldiars, he draue the said Peter out of Spaine, and himselfe vvas crowned. And albeit Edward surnamed the black Prince of Ingland, by order of his fa­ther king Edward the third restored once a­gayne the said Peter, yet vvas it not durable, for that Henry hauing the fauour of the Spaniards returned agayne and depriued Peter the second tyme, and slew him in fight hand to hād, which made shew of more particuler fauour of God in this behalfe to Henry, and so he remayned king of Spayne as doth also his progenie inioye the same vnto this day, though by nature he vvas bastard as had bin said, and not withstan­ding that king Peter left two daughters vvhich vvere led awaye into Ingland and ther maryed to great Princes.

And this king Henry so put vp in his place vvas called king Henry the secōd of this name and proued a most excellent king, and for his great nobility in conuersation, and prouesse in chiualry, vvas called by excellency, El cauallero the kinghtly king, and for his exceding benig­nity and liberality, vvas surnamed also, el dela mercedes, which is to say, the king that gaue ma­ny giftes, or the liberal franck, and bounteful king, which was a great change from the other [Page 53] surnamed cruel, that king Peter had before; & so you see that alwayes I gyue you a good king in place of the bad deposed.

In Portugal also before I goe out of Spayne, In Portu­gal. I wil alleage you one example more, which is of Don Sancho the secōd, surnamed Capelo, fourth king of Portugal, lawful sonne and heyre vnto Don Alonso surnamed el Gardo, who whas third king of Portugal. This Don Sancho, after he had King Dō Sancho 2. deposed. raigned 34. yeares was deptiued for his defects in gouerment by the vniuersal consent of al Portugal, & this his first depriuation from al Garibay lib. 4 de hist. Por­tug. c. 19. kingly rule and authority (leauing him only the bare name of king) vvas approued by a ge­neral councel in Lions, pope Innocentius the 4. being ther present, who at the petition & in­stāce of the vvhole realme, of Portugal by their Embassadors the Archbishop of Braga, bishop of Comibra and diuers of the nobility sent to Lyons for that purpose, did authorize the saide state of Portugal, to put in supreme gouerment one, Don Alonso brother to the said king Don Sancho, vvho was at that tyme, Earle of bullen in Picardy, by right of his wife, and so the Por­tugales did, & further also a lytle after they depriued their said king, and did driue him out of his realme into Castilla, wher he liued al the rest of his life in banishment, and dyed in To­ledo without euer returning, and this decree of the councel and Pope at Lyons, for authorizing Lib 6. de­cret tit. 6. de supplē da cap. Grand. 1. of this fact, is yet extant in our Canon law, in the sixt booke of Decretals now in prynt. And [Page 54] this king Don Alonso, the third vvhich in this [...] was put vp, against his brother was peaceably & prosperously king, of Portugal, al the dayes [...] Garibay in hist. de Portug li. 34. cab. 20. & 21. his lyfe & he was a notable king, & amōg other great exployres, he vvas the first that set Portu­gal free from al subiection dependence and ho­mage to the kingdome of Castile, vvhich vnto his tyme it had acknowledged and he left for his successor his sonne, and heyre, Don [...] Fabricador, to wit the great buylder, for that [...] buylded and founded aboue forty and [...] great townes in portugal, and was a most [...] Prince and his ofspring ruleth in Portugal vnto this day.

Infinite other examples could I alleage if would examyne the lyues and discentes of [...] and other kingdomes with their Princes, and namely if I would speake of the Greeke Empe­rors, The Em­perors of Greece. depriued fortheir euel gouerment, not so much by populer mutyny (which often happe­ned among them) as by consent and grane de­liberation of the whole state and wealpubli­que, Glicas in Annal. part. 4. Zon. An­nal co. 3. in vita Michael Calapha. as Michael Calaphates, for that he had troden the Crosse of Christ vnder his feete, and was otherwise also a wicked man, as also the Em­peror Nicephorus Botoniates, for his dissolute life and preferring wicked men to authority, and the like, wherof I might name many, but it would be to longe.

What should I name heere, the deposition In Polo­nia. made of Princes, in our dayes, by other commō wealthes, as in Polonia, of Henry the third that [Page 55] was last king of France, & before that had bin sworne king of Polonia, of which crowne of In literis reip. Polō. ad Henr. Valesium pag. 182. 184. Polonia, he vvas depriued by publique acte of parlament, for his departing thence vvithout licence, and not returning at his day by the said state appoynted and deuounced by publique Vidc Ga­gneum part. I. de rebus Po­lon. lettres of peremptory commaundedmēt, which are yet extant.

What should I name the depriuations of Henry late king of Suetia, vvho being lawful In Suetia. successor and lawfully in possession after his fa­ther, Gustauus vvas yet put downe by that com­mon vvealth and depriued, and his brother ma­de king in his place who if you remember was in Ingland in the beginning of this Queenes Poilin. I. 32. histor. de Franc. An. 1568. reigne, & whose sonne reygneth at this day & is king also of Polonia, and this fact was not only allowed of at home by al the states of that counttey, but also a broad, as namely of Maxi­milian the Emperor, and approued also by the king of Denmarke, and by al the Princes of Germany neere about that realme, who saw the resonable causes which that common wealth had to proceed as it did.

And a litle before that, the like was practised also in Denmarke agaynst Cisternus ther lawful In Den­marke. king if we respect his discent in blood, for he vvas sonne to king Iohn that reigned a fore him, and crowned in his fathers life, but yet af­terwards for his intolerable cruelty, he vvas depriued and driuen into banishment, together with his vvife and three children, al vvhich [Page 56] were disinherited & his vncle Frederik Prince of Sleydan. l. 4. hist. An. 1532. Munst. l. 3 Cosmo­gra. in descript. Dauide. Paulus lo uius in vi­ris illust. Holsatia, vvas chosen king, whose progeni yet remayneth in the crowne, & the other, though he were marryed to the sister of Charles the fifth last Emperor of that name, and vvere of kyn also to king Henry the eight of Ingland, yet could he neuer get to be restored, but passed his tyme miserably, partly in banishment and partly in prison vntil he dyed.

But it shalbe best perhapps to ende this nar­ration Examples of En­gland. with an example or two out of Ingland it selfe, for that no where els haue I read more markable accidents, touching this poynt, then in Ingland, and for breuity sake I shal touch only two or three happened since the cōquest, for that I wil go no higher though I might, as appeareth by the exāple of K. Edwin & others nether vvil I beginne to stand much vppon the example of king Iohn, though wel also I might, King Ihō deposed. for that by his euel gouerment he made him­selfe both so odious at home & contemptible abroade (hauing lost Normandy Gascony Guyenne, and al the rest in effect which the crowne of Ingland had in France) as first of al he vvas both excommunicated and deposed by sentence of the pope at the sute of his owne people, and vvas inforced to make his peace by resigning his crowne into the handes of Pan­dulfe the popes legate as Polidor recounteth Polid. hist. Ang. l. 15. An. 1212. and afterwards faling back agayne to his old defects and naughtie gouerment, albeit by his promise to the pope, to go and make warr [Page 57] against the Turkes if he might be quiet at home, and that his kyngdome should be per­petually tributary to the sea of Rome, he procu­red him to be of his side for a tyme, and against the Barōs: yet that stayed not them to proceed to his depriuation which they did effectuate, first at Canterbury and after at London, in the eighteenth & last yeare of king Iohns reigne, An. 1216. and meant also to haue disinherited his sonne Henry, which vvas afterward named king Hen­ry the third, and at that tyme a childe of eight yeares old only: and al this in punishement of the father, yf he had liued, and for that cause they called into Ingland Lodouick the Prince of France sonne to king Philip the second, and fa­ther to Saynt Lewis the nynth, and chose him for their king and did sweare him fealtye with general consent in London the yeare of our Lord 1216. And but that the death of king An. 1216. Iohn that presently ensued, altered the vvhole course of that designment, and moued them to turne their purposes and accept of his sonne Henry before matters were fully established for king Lodowick: it vvas most likely that France and Ingland would haue bin ioyned by thes meanes vnder one crowne.

But in the end as I haue said king Henry the King Hē ­ry the thirde. third vvas admitted and he proued a very wor thi king after so euel as had gon before him, and had bin deposed (which is a circumstance that you must alwayes note in this narration) and he reigned more yeares then euer king in [Page 58] Ingland did before or after him, for he reigned ful 53. yeares, & left his sonne & heyre Edward the first not inferior to himselfe in manhode & vertue vvho reigned 34. yeares and left a sonne King Edvvard the secōd deposed. named. Edward the second, vvho falling into the same defects of gouerment or vvorse, then king Iohn his great grandfather had donne, was after 19. yeares reigne deposed also by act of parlament holden at London the yeare 1326. & Polyd. 1. 18. hist. Anglica­nae Anuo 1326. his body adiudged to perpetual prison, in which he was at that present in the castle of vvallingford, vvherher diuers both bishops Lordes & knights of the Parlament vvere sent Stovv. in the life of King Edvvard the 2. vnto, him to denounce the sentence of the real­me agaynst him, to wit, how they had deptiued him, and chosen Edward his sonne in his place, for vvhich act of choosing his sonne, he than­ked them hartely and vvith many teares, ac­knowledged his owne vnwoorthines, wherup­pon he was digraded, his name of king first taken from him, and he appoynted to be called Edward of Carnaruan from that howre forward. The man ner of de­primatiō of a king. and then his crowne and ring were taken away, and the steward of his house brake the stafe of his office in his presence, and discharged his seruants of their seruice, and al other people of See Stovv. and hol­lings in this mans life. ther obedience or allegeance toward him: and towardes his mayntenance he had only a hun­dreth markes a yeare allowed for his expences, and then was he delyuered also into the hands of certayne particuler keepers, vvho led him prisoner from thence by diuers other places [Page 59] vsing him with extreme indignity in the way, vntil at last they tooke his life from him in the castle of Barkley, and his sonne Edward the King Edvvard the third. third reigned in his place, who if we respect eyther valor, provvesse, length of reigne, acts of cheualry, or the multitude of famous Princes his children left behinde him, vvas one of the noblest kinges that euer Inglād had, though he were chosen in the place of a very euel one as you haue séen.

But vvhat shal we say? is this worthines vvhich God giueth commōly to the successors at thes changes, perpetual or certayne by discēt? no truly: nor the example of one Princes pu­nishment maketh an other to beware, for the next successor after this noble Edward vvhich vvas king Richard the second, though he were not his sonne, but his sonnes sonne, to wit son­ne and heyre to the excellent and renounced black Prince of vvales, this Richard (I say) for­getting King Ri­chard 2. deposed. the miserable end of his great grand fa­ther for euel gouerment, as also the felicity, and vertue of his father and grand father: for the contrary, suffered himselfe to be abused and misled by euel councellors, to the great hurte & disquietnes of the realme. For vvhich cause after he had raigned 22. yeares he was also deposed, by act of parlamāt holden in London, the yeare of our Lord 1399. and condemned Polyd. 1. 20. hist. Aug. 1399 to perpetual prison in the castel of Pomfret vvher he was soone after put to death also and vsed as the other before had bin, and in this [Page 60] mānes place by free electiō was chosen for king the noble knight Henry Duke of Lācaster who proued afterwards so notable a king as the world knoweth, and vvas father to king Henry the fifth surnamed commonly the Alexander of Ingland, for that as Alexander the great con­quered the most parte of Asia in the space of 9. or 10. yeares so did this Henry conquere France in lesse then the like tyme.

I might recon also in this number of Princes King Hē ­ry the 6. deposed. deposed for defect in gouermēt (though other­wise he vvere no euel man in lyfe) this king Henry the fourths nephew I meane king Hen­ry the sixt vvho after almost forty yeares Polyd. lib. 23. histor. Anglic. reigne vvas deposed, and imprisoned and put to death also, together vvith his sonne the Prince of wales, by Edward the fourth of the howse of yorke, & the same was confirmed by the com­mons and especially by the people of London, and afterwards also by publique act of parlia­ment, in respect not only of the title which king Edward pretended, but also and especial­ly for that king Henry did suffer himselfe to be ouerruled by the Queene his wife, and had bro­ken the articles of agrement, made by the parla­ment, betwene him and the Duke of Yorke and solemnly sworē on both sides, the 8. of Octob. in the yeare 1459. In punishment vvherof and of his other negligent and euel gouermēt, (though for his owne particuler life he vvas a good man as hath bin said) sentence was giuen agaynst him, partly by force and partly by law, [Page 61] and king Edward the fourth vvas put in his place, who was no euel king as al Inglish men vvel know, but one of the renoumedst for martial actes and iustice that hath worne the Inglish crowne.

But after this man agayne, ther fel an other King Ri­chard 3. deposed. accident much more notorious, vvhich was, that Richard Duke of Glocester, this king Edwards yonger brother, did put to death his two nephewes, this mans children, to vvit, king Edward the fifth and his litle brother, & made him selfe king, and albeit he synned greuously by taking vppon him the crowne in this wic­ked manner yet when his nephewes were once dead, he might in reason seeme to be lawful king, both in respect that he was the next male in blood after his said brother, as also for that by diuers acts of parlament, both before and after the death of thos infantes, his title vvas authorized and made good, and yet no man vvil say (I thinke) but that he vvas lawfully also deposed, agayne afterward, by the cōmō wealth, which called out of France, Henry Earle of An. 1487. Richmond to chastise him, and to put him downe, and fo he did, and tooke from him both life and kingdome in the fielde, and vvas king himselfe after him by the name of king Henry the seuenth, and no man I suppose, vvil say but that he vvas lawfully king also, vvhich yet can­not be, except the other might lawfully be de­posed, & moreouer as I sayd at the, beginning, I vvould haue you consider in al thes mutations, [Page 62] what men commonly haue succeded in the pla­ces of such as haue bin deposed, as namely in Ingland, in the place of thos fiue kings before A point much to be noted. named that vvere depriued, to vvit, Iohn, Edward the second, Richard the second, Henry the sixt, and Richard the third, ther haue succe­ded the three Henryes, to wit, the third, fourth, and seuenth, & two Edwards, the third and fourth, al most rare & valiant Princes who haue donne infinit importanr acts in their cō ­mon vvealthes, and among other, haue raysed many houses to nobility, put downe others, changed states both abroad and at home, distri­buted ecclesiastical dignityes, altred the course of discent in the blood royal, and the like, al which was iniust, and is voyd at this day if the chainges and depriuations of the former Prin­ces could not be made, and consequently none of thes that do pretende the crowne of Ingland, at this day, can haue any title at al, for that from thos men they discende vvho were put vp in place of the depriued.

And this may be sufficient for proofe of the two principal poynts, which you required to be discussed in the beginning of this spech, to wit, that lawful Princes haue oftentymes by their common wealthes bin lawfully deposed, for misgouerment, and that God hath allowed and assisted the same, with good successe vnto the weal publique, and if this be so, or might be so, in kings lawfully set in possession, then much more hath the said common wealth power & [Page 63] authority to alter the succession of such as do but yet pretend to that dignity, if ther be dew reason and causes for the same, which is the head poynt that first we began to treate of saide the Ciuilian, and with this ended his speech vvithout saying any more.

VVHER IN CONSISTETH PRINCIPALLY THE LAVFVL­NES OF PROCEEDING AGAYNST Princes which in the former chapter is mētioned: what interest Princes haue in their subiect's goods or liues, how othes doth binde or may be broken by sub­iects towards Princes, and finally the dif­ference betwene a good king and a Tirant.
CHAP. IIII.

VVHEN the Ciuilian had ended his The reply of the tē ­poral la­vvyer. speech, the temporal lawyer looked vppon the stāders by, to see whether any would reply or no, and perceauing al to hold ther peace, he began to say in this māner: Truly Syr I cannot deny, but the examples are many that you haue alleaged, and they seme to proue suf­ficiently that which you affirmed, at the begin­ning, to wit, that the Princes by you named, were depriued, and put downe by their com­mon vvealthes for ther euel gouerment. And good successors commonly raysed vp in their places, and that the common wealth had au­thority [Page 64] also to do it I do not greatly doubt, at least wise, they did it, de facto, and now to cal thes factes in question, were to embroyle and turne vp-side-downe al the states of Christen. dom, as you haue wel signified, but yet for that you haue added this vvord lawfully so many tymes, in the course of your narration, I vvould you tooke the payne to tel vs also, by vvhat law, they did the same, seing that Belloy whom you haue named before, and some other of his opi­nion Belloy apolog. catholic. part. 2. do affirme, that albeit by nature the com­mon vvealth haue authority ouer the Prince, paragraf. 9. & apol. pro rege. cap. 9. to chuse and appoynt him, at the beginning, as you haue vvel proued out of Aristotle and other vvayes: yet hauing once made him, and giuen vp al their authority vnto him, he is now no more subiect to ther cortection, or restraynt, but remayneth absolute of himselfe without re­spect to any, but only to god alone. vvhich they proue by the example of euery particuler man, that hath authority to make his Master or Prin­ce, of his inferior, but not afterwards to put him downe agayne, or to depriue him of the authority vvhich he gaue him, though he should not beare himselfe vvel and gratefully, but discourtious rather & iniuriously towards him that gaue him first this authority.

To which also they do alleage the speech of An obie­ction out of the prophet Samuel. the prophet Samuel, in the first booke of the kings, vvher the people of Israel demaunded to haue a king to gouerne ouer them, as other nations round about them had, and to leaue [Page 65] the gouerment of the high Prieste vnder whom at that day they were. At which demaund both God himselfe and Samuel vvere greuiously of­fended, and Samuel by Gods expresse order, protested vnto them in this manner, wel (quoth be) you wil haue a king, harken then to this that I wil say. Hoc erit ius regis, qui imperaturus est vobis, this shalbe the rlght and power of the king that shal rule ouer you, to vvit, ‘he shal take frō you The Po­vver of a King or rather of a Tirant. your children both sonnes and daughters, your fieldes & vinyards, your haruest also and rents, your seruants, handmaydes, & heards of catle, and shal giue them to his seruants and you shal cry vnto God in that day, from the face of this your king, whom you haue chosen, and God shal not heare you, for that you haue de­maunded a king to gouerne you,’ thus far the Prophet.

Out of al vvhich discourse and spech of the Prophet, thes men do gather, that a king is no­thing so restrayned in his power or limited to law as you haue affirmed, but rather that his law is his own vvil, as by thes vvordes of the Prophet may appeare, and much lesse may the common vvealth chastice or depriue him for exceding the limites of law, or doing his vvil, seing that here in this place, God doth foretel that Princes oftentymes shal commit excesses and iniuries, and yet doth he not therfore wil, them to chasten or depose them, for the same but rather insinuateth that they must take it paciently, fot their sinnes, and cry to God for re­medy [Page 66] and perseuer therin though he do not [...] the first harken to them, or grant their redresse, hitherto the temporal lavvyer.

Wherunto answered the Ciuilian, that he confessed that Belloy & other his companions that vvrote in flattery of Princes in thes our dayes, did nor only affirme thes things, that the temporal lawyer had alleaged, and that Princes were lawlesse and subiect to no accompt, reason, or cor­rection, whatsoeuer they did, but also (vvhich is yet more absurd and pernicious to al common vvealthes) that al goods, chattels, possessions and Belloy a­polog. whatsoeuer els commodityes temporal, of the common wealth, are properly the kings, and that their subiects part. 2. pa rag. 7. & Apol. pro rege c. 6. & 24. & 26. haue only the vse therof, without any propriety at al, so as when the king wil, he may take it from them by right, vvithout iniustice or iniury, vvhich asser­tions do ouer throw wholy the very nature & substance of a common vvealth, it selfe.

For first to say that a king is subiect to no law or limitation at al, but may do vvhat he Great ab­surdities and flate­ries. wil, is against al that I haue alleaged before of the very institution of a commō vvealth, which vvas to liue together in iustice and order, & as I shewed out of Cicero speaking of the first kings, Iustitiae fruendae causa bene morati Reges olim sunt constituti. For enioying of Iustice were kings Cic. lib. 2. offic. appointed in old tyme that vvere of good life, but if they be boūd to no iustice at al, but must be borne and obeyed, be they neuer so wicked, then is this end and butte of the common wealth, & of al royal authority, vtterly frustrat: [Page 67] then may vve set vp publique murderours ra­uishers theeues and spoylers to deuowre vs in steed of kings, and gouernours to defend vs, for such in deede are kings that follow no law, but passion and sensualitie, and do commit iniu­stice, by their publique authority, & then final­ly, vvere al thos kings before mentioned both of the Iewes, gentiles, and christians vnlawfully depriued, and ther successors vnlawfully put vp in their places, and consequently al Princcs li­uing in Christianity at this day, who are des­cended of them, are intruders and no lawful Princes.

By the second saying also, that al temporali­tyes are properly the Princes, and that subiects An other absurdity. haue only the vse therof without any interest of their owne, no lesse absurdityes do follow, then of the former assertion, for that first, it is against the very first principle and foundation of our ciuil law, which at the first entrance Institut. imperial l. 2. Tit. 1. and beginning maketh this diuision of goods, that some are common by nature to al men, as the ayer the sea and the like, other are publique to al of one citty or country, but yet not common to al in general, as riuers portes and other such: some are of the communi­ty Diuision of goods by ciuil lavv. of a citty or common wealth, but yet not common to euery parttculer person of that citty, as common rents, theators, the publique house, and the like: some are of none nor properly of any mans goods, as churches and sacred things, & some are proper to particuler men, as thos which euery man possesseth of his owne, which diuision, of Iustinian the Emperor and his most [Page 68] learned lavvyers is not good, if the Prince be Lord proprietarie of al: nay he that made this diuision, being Emperor, did great iniury also to himselfe, in assigning that to others, which by the opinion of Belloy and his fellowes vvas properly & truly his owne, in that he was Em­peror and Lord of the vvorld.

Besides al this, so absurd a saying is this, as it Slaues & freemen. ouerthroweth the whole nature of a common wealth it selfe, and maketh al subiects to be but very slaues: For that slaues and bondmen, as Aristotle sayeth in this do differ from freemen, that slaues haue only the vse of things vvithout Arist. lib. 1. polit. c. 4. & 5. property or interest, and cannot acquire or gett to themselues any dominion or true right in any thing, for that what soeuer they do gett, it accreweth to their master, & not to theselues, and for that the condition of an oxe or an asse, is the very same in respect of a poore man, that hath no slaue, for that the oxe or asse getteth nothing to himselfe, but only to his master, and can be lord of nothing of that for which he laboreth: for this cause wittely also sayed Ari­stotle, that bos aut asinus pauperi agricolae pro seruo Arist. li. 1. cap. 3. est. An oxe or an asse, is to a poore husbādman in steed of a bondman, and so feing that Belloy wil needes haue the state and condicion of al subiects to be like vnto this in respect of their Prince, and that they haue nothing in pro­priety, but only the vse, and that al domi­nion Marke this rea­son. is properly the Princes: vvhat doth the other then make al subiects not only slaues [Page 66] but also oxen and asses, and pecora campi.

Last of al (for I vvil not ouerlode you vvith Diuers euident reasons against Belloy. reasons in a matter so euident) if al subiects goods be properly the kings, why then vvas Achab and Iezabel king and Queene of Israel, so reprehended by Elias & so punished by god, for taking away Nabothes vineyard? seing they tooke but that vvhich was ther owne? nay why vvas not Naboth accused of iniquity rebellion and treason, for that he did not yeald vp present­ly 3. Reg. 21. his vineyard, when his Princes, demaunded the same, seing it vvas not his, but thers? why do the kings of Ingland France and Spayne, aske money of their subiects in parlaments, if they might take it as ther owne? why are thos contributions termed by the names of subsi­dies, helpes, beneuolences, lones, prests, contribu­tions, and the like, if al be dew and not volunta­ry of the subiects parte? How haue parlaments oftentymes denyed to their Princes such helpes of money, as they demaunded? Why are their iudges appoynted to determyne matter, of sutes and pleas between the Prince and his sub­iects, if al be his and the subiect haue nothing of his owne? And last of al why doth the Can­non Law, which is a part also of my profession, and receaued in most countries of the vvorld, so straightly inhibit al Princes vppon payne of ex­communication, Cap. ino­uamusio. de causi­bus &c. super qui­busdam 26. [...]. de verborum signif. to impose new impositions & taxes, vppon ther people without great consi­deration and necessity, and free consent of the giuers, if al be the Princes and nothing of the [Page 70] subiect? nay whybe al Princes generally at this daye prohibited to alienat any thing of their owne crowne without consent of ther people, if they only be Lords of al, and the people haue interest in nothing?

And hereby also vve may gather, what the Prophet Samuel meant, when he threatned The an­svvere to the obie­ction out of the pro phet Sa­muel. the Iewes with the disorders of kings, that should raigne ouer them, not, that thes disor­ders were lawful or appertayned to a rightious king, but that seing they refused to be vnder the moderate gouermēt of their high priests, & other gouernors which God had giuen them hitherto, and required to be ruled by kings as other heathen nations of Egypt, Babilon, Syria, and Persia were, whos manner of gouerment, not only Historiographers, but Philosophers also, and Aristotle among the rest, doth note to Arist. 1. 5. pol. c. 11. Ioseph. 1. 6 antiq. c. 4. haue bin very tyranical: yet for that the Iewes would needs haue that gouerment as a matter of more pompe and glory then that which hi­therto they had had, Samuel did first insinuate vnto them, what extorsion and wickednes thos heathen kings did vse commonly ouer ther people, in taking their childrē, seruants, wiues, goods, and the like from them, and that many kings of Israel should do the like, and take it for ther right and souerainty, and should op­presse and tyrānise ouer them, and inforce them to cry out to God for helpe, and they should not find remedy, for that so heddyly they had demaunded this change of gouerment, which [Page 71] highly displeased almighty God, and this is the true meaning of that place, if it be vvel conside­red, and not to authorize herby iniustice or wickednes in any king, seing the principal poynts recorded to al Princes & kings through out the whole course of scripture, are diligere iu­dictum & iustitiam, apprehendere disciplinam, & face­re veritatem, that is to saye to loue iudgment and iustice to admit discipline & to execute truth, and this is the instruction that God gaue to the Iewes in Deutronomy for their kings when they should haue them, which God foretould many Deut. 17. 3 Reg. 2. & 10. Psal. 2. yeares before they had any, and this is the ad­monition that king Dauid left vnto his sonne and successor Salomon, at his death, and by him to al other kings and Princcs, and for want of obseruing thes points of iudgment, iustice, disci­pline, & truth vve see not only Achab and Iezabel. Before mentioned greuiously punished, but many other kings also by God himselfe, as Achaz Manasses, Ioachim, and the like, which had not bin iustice on Gods part so to punish them if it had bin lawful for them to vse that man­ner of proceeding towards their people, as thes good instructors of Princes in our dayes, most fondly and wickedly do affirme, and thus much for that place.

But to the first point which you asked, by vvhat law the common wealthes that are men­tioned By vvhat lavv Prin­ces are punished in the former chapters, did punish their euel Priuces: I haue answered you before, that it is by al law both diuine and humane: diuine, [Page 72] for that God doth approue that forme of go­uerment which euery common vvealth doth chuse vnto it selfe, as also the conditions, sta­tutes and limitations vvhich it selfe shal ap­poynt vnto her Princes, as largely before hathe bin declared. And by al humane law also: for that al law both natural, national, and positiue, doth teach vs, that Princes are subiect to law & order, and that the common vvealth which gaue them ther authority for the commō good of al, may also restrayne or take the same away agayne, if they abuse it to the common cuel.

And vvheras thes men saye, that like as if a The diffe­rence be­tvvene a priuat mā & a com­mon vvealth. priuate man should make his inferior or equal to be his Prince, he could not after restrayne the same agayne, and so nether the commō wealth hauing once deliuered away her authority: I answere, first, that the comparison is not alto­gether like, for that a priuat man though he giue his voice to make a Prince, yet he being but one maketh not the Prince vvholy as the common vvealth doth, and therfore no mar­uaile though it lye not in a particuler mans hād to vnmake him agayne, besides this, a priuat man hauing giuē his voice to make his Prince, remayneth subiect and inferior to the same, but the vvhole body though it be gouerned by the Prince as by the head, yet is in not inferior but superior to the Prince, nether so giueth the common vvealth her authority and power vp to any Prince, that she depriueth her selfe vt­terly of the same, vvhen neede shall require, to [Page 73] vse it for her defence, for vvhich shee gaue it.

And finally (which is the cheefest reason of al, & the very ground and foundation in deede of al kings authority among christians) the po­wer and anthority vvhich the Prince hath from the common wealth is in very truth, not abso­lute, but potestas vicaria or deligata, as vve Ciui­lians The Prin­ces autho rity but subdele­gat. cal it, that is to say, a power delegate, or power by commissiō from the commō wealth, which is giuen vvith such restrictions cautels and conditions, yea, vvith such playne excep­tions, promises, and othes of both parties, (I meane betwene the king and common wealth at the day of his admission or coronation) as if the same be not kept, but vvilfully broken, on ether part, then is the other not bounde to ob­serue his promise nether, though neuer so so­lemly made or sworne, for that in al bargaines, agreements and contracts, wher one parte is bound mutually and reciprocally to the other, by oth, vow, or condition, ther, if one side go from his promise, the other stādeth not obliged to performe his: and this is so notorious by al law, both of nature and nations, and so cōform to al reason and equity, that it is put among the very rules of both the Ciuil and cannon law, vvher it is said, frustra fidem sibi quis postulat seruari ab eo, cui sidem à se prestitam seruare recusat. In regulis vtrinque iuris vide in sine sexti De­cret. reg. 75. 69. He doth in vaine require promisse to be kept vnto him at an other mans hands, to vvhom he refuseth to performe that which himselfe pro­mised, and agayne. Non abstringitur quis iuramen­to [Page 74] ad implendum. quod iur auit, si ab alio parte non im­pletur, cuius respectu praebuit iur amentum. A man is not bound to performe that vvhich by oth he promised, if on theother part, that be not per­formed, in respect wherof this oth vvas made: as for example, if two should sweare the one to assist the other vppon the way, in al respects, & after falling vppon enimyes that vvere ether kynn or frēds to the one of them, & he should take ther part against his fellow, cleere it is, that the other vvere not bound to kepe his oth to­vvards that party, that hath so vvickedly bro­ken it to him.

Nay not only, in this case, that is so euident, VVhen an oth bindeth not. and palpable by nature it selfe: but in many other also, is it both lawful honest and conue­vient to leaue some tymes the performance of our oth, as namely vvhen the fulfilling therof, should conteyne any notable hurt or inconue­nience against religion, piety, iustice, honesty, or the vveal publique, or against the party him­selfe to whom it vvas made, as if a man had sworne to restore a sword to a madd or furious man, wher with it vvere likely he would de­stroy himselfe and others, and other like cases, which Cicero putteth downe in his first booke Cicero li. 1. offic. of offices, and deduceth them from the very ground of nature, and reason it selfe, & sayeth, that it were contrary to the dewty of a good or honest man, in such cases to performe his promise.

Our diuines also do alledge the example of A cleere example. [Page 75] Herod that had sworne to the daughter of He­rodias, to giue hir vvhat she demaunded, vvho demaūding the head of S. Iohn Baptist, though Matth. 24 Herod were sory for the same, yet sayeth the text, that for his othes sake he commaunded it to be performed, which yet no man wil deny, but that it had bin far better left vnperformed, and the othe better broken then fulfilled, according to an other rule of the law, which sayeth, In malis Regul. 68. in fine 6. Decret. promissis fidem non expedit obseruari, it is not expe­dient to keepe our promise in things euel pro­mised.

And finally to this purpose, to vvit, to deter­myne how many wayes an oth taken may be lawfully broken, or not kept, ther is a vvhole title in the Cannon law, conteyning 36. chap­ters, wherin are set downe many and diuers Decret. Greg. l 2. tit. 24. most excellent, and euident cases, about the same determined by Gregorie the first, & other ancient Popes and Doctors, and in the second parte of the decretal ther is alleaged this senten­ce out of Isidorus, and established for law. In ma­tis promissis rescinde fidem, in turpi voto muta decre­tum, Decret. part. 2. cau sa. 22. quest. 4. c. 5. & qu 5. per totū. impi a enim promissio, quae scelere impletur, that is, in euel promises performe not your vvorde, in an vnlawful vow or oth, change your deter­mination, for it is an impious promisse, vvhich cannot be fulfilled, but with wickednes, and the very same matter is handled in the questiō fol­lowing which is the fyfth through out 23. whole chapters together.

So as, nothing is more largely handled in [Page 76] our law both Ciuil and Canon, then this mat­ter of promisses, and othes, how and vvhen, and why, and in vvhat cases, they hould or bynde, and when not. Al which to apply it now vnto Tvvo principal cases vvhen othes hold not tovvards a Prince. our matter of kings, that we haue in hande, we are to vnderstande that tvvo euident cases are touched heer as you see, when a subiects oth or promise of obedience, may be left vnperfor­med towards his Prince: the first whē the Prince obserueth not at al his promisse and oth made to the common wealth, at his admission or coronation, & the other when it should turne to the notable damage of the weale publique, (for whos only good the Princes office vvas or­deyned, as often before hath bin said and pro­ued) if the subiect should keepe and performe his oth and promisse made vnto his Prince.

And both thes cases are touched in the de­priuation of Childerike the last king of France, of the first lyne of Pharamond which was re­counted in the former chapter, for that as Pau­lus A Enulius, Belforest, Girard, and other French stories do testify, the bishop of vvirtsburg, that AEmil. l. 2. hist. Frāc. Belfor in vita chil­der Gi­rard. lib. 3 in the name of al the nobility and common wealth of France, made his speech to Zacharie the pope, for his deposition, and for the election of Pepin in his place, alleaged thes two reasons saying.

Truth it is, that the French haue sworne fi­delity The spech of the French Embassa­dor for depriuation of their king. vnto Childerick, as to ther true and na­tural king, but yet vvith condition, that he on his part, should also performe the points that [Page 77] are incident to his office, which are, ‘to defend the common vvealth, protect the church of christ, resist the vvicked, aduance the good and the like: and if he do this, then the French are redy to cōtinew ther obedience and allegeance vnto him: but if he be apt for none of thes things, nether fit, ether for a Captaine in vvare, or for a head in peace, and if nothing els may be expected whiles he is king, but detriment to the state, ignominy to the nation, danger to chri­stian religion, and distruction to the vveal pu­blique: then it is law ful for you no doubt (most holy father) to deliuer the French from this band of their oth, & to testifie that no promise can bynd this natiō in particuler, to that which may be hurtful to al christendom ingeneral.’ Thus far that bishop, & his spech vvas allowed & Childerick deposed, and Pepin made king in his place as the world knoweth.

By this thē you see, saic the Ciuilian lawyer, The con­clusion, hovv and vvhen othes do not byn­de sub­iestes. the ground wheron dependeth the rightious & lawful deposition and chastisment of vvicked Princes, to wit ther fayling in ther oth & pro­mises, which they made at ther first entrance, that they would rule and gouerne iustly, accor­ding to law, conscience, equity, and religion, wherin when thev fayle, or wilfully decline, casting behind them al respect of obligation & dewty to the end for vvhich they vvere made Princes and aduanced in dignity aboue the rest, then is the common wealth not only free from al oths made by her of obedience or allegiance [Page 78] to such vnworthy Princes, but is bound moreouer for sauing the vvhole body, to re­sist chasten and remoue such euel heades, if she be able, for that otherwise al vvould come to distruction, ruyne, and publique desola­tion.

And heere now come in, al thos cōsideratiōs vvhich old philosophers, lawmakers, and such The dif­rence be­tvvene a King & a tyrant. others as haue treated of common vvealthes, are vvont to lay downe, of the difference and contrariety betwene a king and a tyrant, for that a king (as both Plato and Aristotle do de­clare Plat. dial. 1. de re­pub.) vvhē once he declyneth from his dewty, becommeth a tyrant, that is to say, of the best Arist. li. 2. Pol. c. 5. and most soueraine thing vppon earth, the worst and most hurt-ful creature vnder heauen for that as the end & office of a king is to make happy his commō vvealth, so the butt of a ty­rät is to destroy the same. And finally the whole difference is reduced to the principal head that before I haue mentioned, to vvit, that a king ruleth according to equity, oth, consci­ence, iustice, and law prescribed vnto him: and the 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, Bart. li. de tyranni­de. 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 [Page 79] magistratus, ita magistratui presunt leges. A Cicero. li. 3. de legi­bus. 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 Cod. l. 1. tit. [...]. [...]. digha. commended the saying of Theodosius and Valen­tinian, two worthy Emperors, recorded in our ciuil law vvho sayd: Digna yox est maiestate regnā ­tis 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 Suet. c. 23 in Calig. vnto me and against al men without exception. The saying also of the famous Emperor Tra­ian Zō. tom. 2 in 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 Se in the capter fol lovving. as before from al allegeance, and then may the com­mon wealth as also the very officers themsel­ues [Page 80] 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 The speach of a Soul­dier. 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 The occa sion of the next chapter. in right equity, and good conscience may be [Page 81] 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 The first grounde of lavves & lymits to Prin­ces. 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 [Page 83] 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 Entrance of tyrants into their gouer­ment. 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 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 The rites of admit­ting chri­stian Kin­ges. 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 [Page 84] 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 shalbe 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, The man ner of ad­mitting Greeke Emperors at their co ronation. 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 [Page 85] 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, Zonar. tom 3. fidei confessionem scriptam, qua polliceretur, se in dog­matibus Ecclesiasticis nihil esse nouaturum, ab eo exegit Annal. in vita Ana­stas. patriarcha Euphemius vir sanctus & orthodoxus. The Patriarch Euphemius being a holy and catho­lique Niceph. l. 16. cap. 29 Euagt. l. 2. cap. 32. 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 [Page 86] scriptis relato confirmasset. That is to say, the conditions which he had confirmed & auowed with a graue oth as sayeth Euagrius. Vbi supr.

The like, I read about 300. yeares after, re­corded by the same author of the Emperor The Gre­cian Em­perors Qth. Michael the first, in thes wordes. Michael vbi di­luxit, magnam ecclesiam ingressus, à Patriarcha Nice­phoro imperatorio diademate est ornatus, postulaio Zon. Tō. 3. in vita Mich. prius scripto, quo promitteret, se nulla ecclesiae instituta violaturum, neque christianorum sanguine manus con­taminaturum. An. 820. 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 ordinā ­ces 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 [Page 87] 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 Saxo. Gram. li. 10. the great delight he had in the flght of fau­cons, for thes causes I meane to begin with Cranzius lib. 3. me­trop. c. 12. 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, The crovvning of Oth the first. 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) [Page 88] 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 VVhiti­chindus gest. Saxon. lib. 1. 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 the Ensignes of the empire. bracelets, the staf vvith the scepter, and dia­deme, euery one wherof, the archbishop put vp­pon the Emperor, telling him the signification of ech thing, and vvhat it did bynd him vnto: as for example vvhen he put the svvord about him he said, accipe hunc gladium quo ijcias omnes Christi aduersarios & malos christianos, authoritate VViti­chin l. 2. diuina per Episcopos tibi tradita. Which is, take vnto thee this svvord vvherby thow mayst cast out and driue away al the enimies of Christ, whe­ther they be barbarous infidels, or euel chri­stians, and this by the authority of God deliue­red vnto thee by vs that are bishops.

And thus he did vvith al other ornaments and ensignes, telling the signification and obli­gation of euery one, and taking the Emperors promise to performe al.

And after al, the historiographer concludeth Vbi su­pra. thus. Rex perfufus oleo sancto, coronatur diademate aureo, ab Episcopis, & ab eisdem ad solium regale du­citur [Page 89] & in eo colocatur. That is, the king being annointed vvith holy oyle was crowned by the bishops, and by the same vvas brought to the royal seat and therin placed. This happened about the yeare of christ 940. and the ceremo­ny is recounted more amply in this mans coro­nation, then in any other, both for that he was a very noble Prince, and the very first of the Germain nation, that vvas lawfully and orderly preferred to the imperial seat, after that it pas­sed from the children of Charles the great, and ther be diuers points worthy the noting in this example, and among other that albeit he were lawful king and Emperor by succession, as also by appointment of his father: yet was he cho­sen Election. and admitted againe by the Princes and people, & that he swore to fulfil al those poin­tes and condicions, which the signification of the Emperial ornaments did bynd him vnto.

After this, about 60. yeares or more, Pope Gregory the 5. in a synode holden in Rome, did by the consent of Otho the third Emperor, German Electors. and nephew vnto this other Otho, of vvhom we haue now treated, appoint a certaine forme of electiō for the tyme to come of the German Emperor, to wit, that he should be chosen by six Princes of Germany, three ecclesiastical which are the archbishopes of Moguntia, Colen, & Treuires, & three temperal Lords, to vvit, the Duke of Saxony, the Counte Palatyne of Blend. de­cad. 2. li. 3 Crant. l. 4. cap. 25. Rhene, and the Marques of Brandeburge, and vvhen thes six voices should happen to be [Page 90] equally deuided, then that the Duke of Boemia (for then it was no kingdom) should haue place also to determyne the election. Al which was determined in the yeare of Christ 996. in Rome, and approued after ward by al the Prin­ces of Germany, and allowed by al other Chri­stian Princes, and states of the vvorld, and so endureth vnto this day. And among al other points this of his coronation and his oth to be taken for his wel gouerment, vvas and is most exactly set downe, & recorded by many histo­riographers of that tyme, and since: But I shal alleage them only out of Iohn Sleydan, as the Sleyd. li. 1 histor. most conuenient author for this our tyme and purpose.An. 1519

First of al then he writeth, that after any man The man ner of the Emperors coronatiō at this day. is chosen Emperor, he is to be called only Caesar and the king of the Romans, and not Emperor, vntil he be crowned, and the conditions which he sweareth vnto presently after his election, Are, to defend the christian and catholique religion, to defend the pope and church of Rome, whose aduocat he is, to minister iustice equally to al, to follow peace, to kepe and obserue al lawes rightes and priuileges of the Sleyd. [...] supra. Empyre, not to alienate or engage the possessions of the empyre, to cōdemne no man without hearing his cause, but to suffer the course of law to haue his place, in al and whatsoeuer he shal do otherwise, that it be voyd and of no Validitie at al.

Vnto al thes articles, he sweareth first by his legates & then he giueth a coppy of his othe in vvriting to euery one of the six electors, and [Page 91] after this he goeth to the cytie of Aquis-gran to be crowned in the great church, vvher about the midle of the masse, the archbishop of Colen goeth vnto him in the presence of al the people, and as keth, whether he be redy to sweare and pro­mise to obserue the catholick religiō, defend the church, Interro­gatories to the Emperor. minister iustice, protect the widowes and fatherles, and yeald dutiful honor and [...] to the pope of Rome, wherunto he answering that he is redy to do al this, the Archbishop leadeth him to the high aulter wher he sweareth in expresse vvords, al thes articles, wwhich being done, the said arch­bishop turning himselfe to the Princes of the empyre and people ther present doth aske them, whether they be content to sweare obedience and fealtie vnto him, who answering yea, he is annoyn­ted by the said archbishop before the aulter, and then do come the other tvvo Archbishops of Moguntia and Treueris, and do lead him into the vestery, vvher certaine deacons are redy to apparrel him in his robes, and do set him in a chayre, vppon vvhom the Archbishop of Colen saith certaine prayers, and then deliuereth him Emperial orna­ments. a sword drawne, and putteth a ring vppon his finger, and giueth him a scepter in his hand, & then al the three Archbishops together, do put on the crowne vppon his head, and leading him so crowned and apparreled vnto the high aulter againe, he sweareth the second tyme, that he wil do the part of a good christian and Catho­lick Emperor. Which being ended he is brought Second oth. back and placed in the emperial seat & throne, [Page 92] vvher al the Princes of the empyre do sweate obedience and fayth vnto him, begining vvith the three Archbishops, and continuing on vvith the three other electors, and so al the rest in order vvhich is a notable and magestical manner of admitting and authorizing of a Prince as you see, and it is to be marked among other things, that the emperor sweareth three To be noted. tymes, once by his deputies and twise by him­selfe, before his subiects sweare once vnto him, and yet wil Belloy as you haue hard, needs haue subiects only bound to their Princes, and the Prince nothing at al bound to them againe.

In Polonia, which being first a Dukedome was made a kingdome, aboute the same tyme The man ner of co­ronation in Polo­nia. that this forme of electing of the German Em­peror vvas prescribed, the manner of coronatiō of their kings, is in substance the very same, that we haue declared to be of the Emperor. For first of al, the Archibishop of Guesua metropolitā of al Polonia, commeth to the king standing be­fore the high aulter, and sayeth vnto him thes wordes. VVher as you are right noble Prince to receaue at our handes this day who are (though vnworthily) Alex Gua guinrerū Polon.in place of Christ for execution of this function, the sa­cred annoynting and other ceremonies, ensignes, andTom. I. & Oricho in Chi­mer. fol. 90. & 106ornaments apperteyning to the kinges of this land, it shaibe wel that we admonish yon in a few wordes, what the charge importeth which you are to take vp­pon you, &c.

Thus he beginneth, and after this, he decla­reth vnto him for what end he is made king, [Page 39] vvhat the obligation of that place and dignity byndeth him vnto, and vnto vvhat points he must sweare, what do signifie the sword, the ring, the sceptor, and the crowne that he is to receaue, and at the deliuery of each of thes things he maketh both a short exhortation vnto him, and prayer vnto God for him. And the kings oth is in thes words. ‘Promitto coram The kinge of poole landes othe. Deo & angelis eius, I do promise and sweare be­fore God and his angels, that I will do law and iustice to al, and kepe the peace of christ hisChurche and the vniō of his catholique fayth, and wil do and cause to be done dew and cano­nical honor vnto the bishops of this land, and to the rest of the cleargie, and if (which God for bid) I should break my oth, I am content that Bodin de rep. l. 2. c. 9. the inhabitants of this kingdome, shal owe no duty or obedience vnto me as God shal help me and Gods holy ghospelles.’

After this oth made by the king, and recea­ued by the subiects, the Lord Martial general of the whole kingdome, doth aske vvith a loud voice of al the councellors, nobility, & people ther present, whether they be content to submit them­selues vnto, this king or no Who answering yea: the archbishop doth ende the residue of the ce­remonies, & doth place him in the royal throne, wher al his subiects do homage vnto him, and this for Polonia.

In Spayne I do find, that the manner of ad­mitting The ad­miffiō of kings in Spaine. ther kings was different, and not the same before and after the distruction therof [Page 94] by the Moores, but yet that in both tymes ther kings did sweare in effect the selfe same points vvhich before haue bin mentioned in other kingdomes. For first, before the entring of the Moores when spayne remayned yet one gene­ral monatchie, vnder the Gothes, it is recorded in the fourth national coūcel of Toledo which vvas holden the yeare of our Lord 633. accor­ding to Ambrosio Morales, the most learned & di­ligēt Amb. Mo rales li. 11. c. 17. hist. Hisp. prae­fat. eius­dem con­cilij. historiographer of Spayne, (though other do appoint it some few yeares after) in this councel (I say) it is said, that their new king Sissinandus (who had expelled Suintila ther fot­mer king for his euel gouerment). This king Sissinandus I saye comming into the said coun­cel The hu­militie of King Sis­sinandus. in the third yeare of his reigne, accompai­ned with a most magnificent number of no­bles, that waighted on him, did fal downe prostrate vppon the ground, before the Arch­bishops, and bishops ther gathered together, which vvere 70. in number, and desired them vvith teares to pray for him, and to determine in that councel, that which should be needful and most conuenient both for mainteyning of Gods religion, and also for vpholding and pro­spering the whole common wealth: wheruppō thos fathers after matters of religion and re­formation of manners, vvhich they handled in 73. chapters. In the end and last chapter, they come to handle matters of estate also. And first Concil. Tol. 4. c. 74. of al they do confirme the deposition of king Suintila together with his wife brother, and [Page 95] children, and al for his great wickednes, which in the councel is recounted, and they do depriue them not only of al title to the crowne, but also of al other goods, and possessions, mouables & immouables, sauing only that vvhich the new kings mercy should bestow vppon them, and in this councel was present and subscribed first of al other, S. Isidorus Archbishop of Siuil, who writing his history of spayne dedicated the same vnto this king Sissinandus, and speaketh infinite Ambros. Maral. l. 11. cap. 17. good in the same, of the vertues of king Suinti­la, that was now deposed and condemned in this said councel, wherby it is to presumed, that he had changed much his life afterward, and became so wicked a man, as here is reported.

After this, the councel confirmeth the title of Sissinandus, and maketh decrees for the de­fence therof, but yet insinuateth vvhat points he was bound vnto, and wherunto he had sworne when they said vnto him, Te quoque prae­sentemCap. 74.regem ac futuros aetatum sequentium principes, &c. ‘We do require you, that are our present king, and al other our Princes that shal follow Condi­tions of reigning in Spaine. here after vvith the humility which is conue­nient, that you be meeke & moderate towards your subiects, and that you gouerne your peo­ple in iustice and piety, and that none of you do giue sentence alone against any mā in cause of life and death, but with the consent of your publique councel, and with thos that be gouernours in matters of iudgment. And against al kings that are to come, we do pro­mulgate [Page 96] this sentence, that if any of them shal against the reuerence of our lawes, excercise cruel authority with proud domination, and kingly pompe, only following ther owne con­cupiscence in wickednes, that they are con­demned by Christ with the sentence of excom­munication, and haue theyr separation both from him and vs to euerlasting iudgment, and this much of that councel.’

But in the next two yeares after the ende of this councel, king Sissinandus being now dead and one Chintilla made king in his place, ther were other two councels gathered in Toledo, the first vvherof was but prouincial, and the se­cond national, and they are named by the na­mes of the fift and sixt councels of Toledo. Ambros. Moral. 1. 11. cap. 23 & 24. In the vvhich councels, according to the man­ner of the Gothes (who being once conuerted, from the Arrian haeresie, were very catholique and deuout euer after, and gouerned themsel­ues most, by their cleargie) and not only mat­ters of religion were handled, but also of state and of the common wealth, especially aboute the successiō to the crowne, safty of the Prince, Concil. 5. cap. 2. 3. 4. 5. & conc. 6. cap. 16. 17. 18. prouision for his children, frendes, officers, and fauorites after his death, and against such as without election or approbation of the com­mō wealth, did aspire to the same, al thes points I say vvere determined in thes councels and among other points a very seuere decree vvas made in the sixt councel, concerning the kings oth at his admission in thes vvords. [Page 97] Consonam vno corde & ore promulgamus Deo placitu­ram Concil. Td. 6. c. 3. sententiam. ‘We do promulgate vvith one hart and mouth this sentence agreable & plea­sing vnto God, and do decree the same vvith the consent and deliberation of the nobles and peeres of this realme, that vvhosoeuer in tyme to come shalbe aduanced to the honor and preferment of this kingdome, he shal not be placed in the royal seat, vntil among other con­ditions he haue promised by the Sacrament of The king of Spai­nes othe at his ad­mission. an oth, that he vvil suffer no man to break the Catholique faith, &c.’ Thus far, that synod or councel. By which wordes especially thos (among other conditions) is made euident, that thos Princes sweare not only to kepe the faith, but also such other conditions of good gouerment as were touched before in the fourth councel, and thes things were determyned while their king Chintilla was present in Tolledo, as Ambrosio Morales noteth. And thus much of Spayne, be­fore Ambros. Moral. lib. 1. cap. 23. the entrance of the Moores, and before the deuiding therof into many kingdomes which happened about a hundreth yeares after The di­struction of Spai­ne. this, to wit in the yeare of our Sauiour 713. and 714.

But after the Moores had gayned al Spayne The be­ginning of the re­stitution of spaine. and deuided it betwene them, into diuers king­domes, yet God prouided that vvithin fowre or fiue yeares the christians that were left and fledd to the Mountaynes of Asturias & Biscay, found a Ambros. Moral. li. 13. c. 1. & 2. de la Chron. de Esp. certaine yong Prince named Don Pelayo of the ancient blood of the Gotish kings, vvho vvas [Page 98] also fled thither and miraculously saued from the enemyes, whom they chose straight vvaies to be their king, and he began presently the re­couery of Spayne, and was called first king of Asturias, and afterward of Leon, and after his successors gatt to be kings also of Castilia, and then of Toledo, and then of Aragon, Barcelona, Valentia, Murcia, Cartagena, Iaen, Cordua, Granade, Kingdo­mes in Spayne. Siuil, Portugal, and Nauarra, al which were dif­ferent kingdomes at that tyme, so made by the Moores, as hath bin said. And al thes king­domes were gayned againe, by litle and litle, in more then 7. hundred yeares space, which were lost in lesse then two yeares, and they ne­uer came againe in deede into one Monarchie as they were vnder Don Rodrigo ther last king that lost the whole, vntil the yeare of our Lord 1582. when Don Philippe now king of Spayne re-vnited againe vnto that crowne the king­dome of Portugal which was the last peece, that remayned seperated and this vvas almost 900. yeares after Spaine was first lost.

But now to our purpose, the chronicler of Spayne, named Ambrosio Morales doth record in his chronicle a certaine law, written in the Gotish tonge, and left since the tyme of this The go­tish lavv of Don Pelayo King of Spayne. Don Pelayo the first king, after the vninersal di­struction of Spaine, and the title of the law is this. Como se an de leuantar Rey en Espn̄a, y como el ha de Iurar los fueros, that is to saye, how men Ambros. Moral. li. [...]. cap. 2. must make ther king in Spaine, and how he must sweare to the priuileges and liberties of [Page 99] that nation: ‘And then he putteth the articles of the law, wherof the first saith thus. Before al thinges it is established for a law, liberty, and priut­ledge of Spayne, that the king is to be placed by voi­us and consent perpetually, and this to the intent that so euel king may enter without consent of the people, seing they are to giue co him, that which with ther blood and laboures they haue gayned of the Moores.’ Thus far goeth this first article, which is the Lucas Episcop. Tuyens­in histor. Hispan. Lodou. de [...]. lib. de he­red. more to be marked, for that diuers and thos most ancient spanish authors do say, that from this Don Pelayo, the succession of kings descen­ded euer by propinquity of blood, and yet vve see that election was ioyned ther vvithal in ex­presse termes.

The second part of the law conteyneth the manner of ceremonyes vsed in those old dayes at the admission of their kings, which is ex­pressed in thes wordes, ‘let the king be chosen & The old Spanish cerimo­nyes in making ther Kin­ge. admitted in the metropolitan citie of this king­dome, or at least wise in some cathedral church, and the night before he is exalted, let him watch al night in the church, and the next day let him heare masse, and let him offer at masse a peece of scarlet, and some of his owne mo­ney, and after let him communicate, and when they come to lift him vp let him step vppon a buckler or target and let the cheife and princi­pal men ther present hold the target, and so lif­ting him vp let them and the people cry three tymes, as hard as they can, Real, Real, Real. Then let the king comaund some of his owne mo­ney [Page 100] to be cast among the people, to the quan­tity of a hundreth shillings, and to the end he may giue al men to vnderstand, that no man now is aboue him, let him self tye on his owne sword in the forme of a crosse, & let no knight or other man, beare a sword that day, but only the kinge.’

This was the old fashion of making kings in spayne, which in effect and substance remay­neth The pre­sent man­ner of Spaine. stil, though the manner therof be some­what altered, for that the spanish kings be not crowned, but haue an other ceremony for their admission equal to coronation, which is per­formed by the Archbishop of Toledo primat of al spayne, as the other coronations before mentioned are by the Archbishop of Moguntia, to the Emperor, and by the Archbishop of Guesna to the king of Polonia, and by the Arch­bishop of Praga to the king of Boemia, and by the Archbishop of Braga to the king of Portu­gal, and by the Archbishop of Canterbury to the king of Ingland, and by the Archbishop of Rhemes to the king of France, of which realme of France we may not omit to say somewhat in particuler, seing it is so goodly a kingdome, and so neere to Ingland, not only in situation, but also in Lawes manners & customes, and as the race of Inglish kings haue come frō them in diuers manners, since the conquest, so may it be also supposed that the principal ceremonies and circumstances of this actiō of coronation, hath bine receaued in like manner from them.

[Page 101]First then touching the acte of coronation The man ner of French corona­tion. and admission of the king of France, euen as be fore I haue said of Spayne, so also in this king­dom do I find two manners of that action, the one more ancient which the French do say hath indured in substance from ther first Chri­stian king named Clodoueus, vnto this day, which is about eleuē hundred yeares, for that Clodoueus vvas christened the yeare of our Lord 490. in the cytie of Rheims by S. Remigius, Bishop of The old ceremo­nies. that citie, and annointed also and crowned king by the same bishop, which manner and order of anoynting and coronation endured after for about 6. hundred yeares, vnto the tyme of Henry the first, & king Phillip the first his sonne, both kings of France. At vvhat tyme (which is about 500. yeares a gone) both the Chroniclers and Cosmographers of France do teftifie, that ther was a peculier booke in the Belfor. l. 3 c. 20. The­uet. cos­mograph. vniuers. l. 15. cap. 2. Papir. masson. annal l 3. pag. 2. 15. library of the church of Beuais, conteyning the particuler order of this action, which had en­dured from Clodoueus vnto that tyme. Which order, for so much as toucheth the solemnitie of officers in the coronation and other like cir­cumstances, vvas far different at that tyme, from that which is now, for that in those dayes ther were no peeres of France, appointed to as­sist the same coronation, which now are the chiefe and the greatest part of that solemnirie. Yea Girard du Hailan secretarie of France in his third booke of the affaires and state of that Gerand l. 3 del. b. estat fol. 238. kingdome, sayth, that the ceremonies of crow­ning [Page 202] their old kinges were much after the fashion which I haue noted a litle before, in this very chapter, out of the law of Don Pelayo first king of Spaine, after the Moores, for that they were lifted vp and caried a-bout vppon a target by the chiefe subiects ther present as the spaniards were.

But as touching the principal point of that action which is the substance of admitting the king vnto his royal authority, and oth by him made of gouerning wel and iustly, and of the reciprocal oth of obediēce made to him againe by his subiects, it was not much different from that which now is, as shal appeare by the coronation of the foresaid Phillip the first, who was crowned in the life and presence of his fa­ther, king Henry, after the fashion then vsed in the yeare of Christ 1059. and it was in man­ner following, as Nangis and Tillet, both autho­res Francis Belfor. hist. fran. lib. 3. c. 20 in vita Philip. 1. of great authoritie among the French, do recount it, and Francis Belforest, out of them both repeateth the same at large, in thes words following.

King Henry the first of this name, seeing him­selfe very old and feeble, made an assembly of The co­ronation of King Phillip the first. al the states of France in the cytie of Paris in the yeare of Christ 1059. ‘wher bringing in his yong sonne and heire Philip that vvas but 9. yeares of age, before them al, he said as fol­loweth.’

‘Hither to my dere frends and subiects, I haue The speach of the fa­ther. bin the head of your nobility, & men at atmes, [Page 203] but now by myne age and disposition of body, I do wel perceaue, that ear it be long I must be seperated from you, and therfore I do desire you that if euer you haue loued me, you shew it now in giuing your consent and approbation that this my sonne may be admitted for your king, and apparaled with the royal ornaments of this crowne of France, and that you wil sweare fealtie vnto him, and do him homage.’

‘Thus said the king, and then hauing asked euery one of the assistance in particuler for his consent a part, and afterwards the whole assem­bly in general, whether they vvould sweare obedience to him or no, and fynding al to pro­mise vvith a good wil, he passed ouer the feast of the assention vvith great ioy in Paris, and after vvent to Rhemes vvith al the court and trayne, to celebrate the coronation vppon the feast of vvhit-sonday.’

Thus far are the wordes of William de Nan­gis Notes vp­pon the kings speaches. alleaged in the story of France by Belforest, and it is to be nored first, how the king did re­quest the nobility & people to admit his sonne, and secondly how he did as ke ther consents a part, for that thes two pointes do euidently cō ­firme that, vvhich I said at the beginning, that only succession is not sufficient, but that coro­nation euer requireth a new consent, which al­so includeth a certaine election or new appro­bation of the subiects.

This is proued also most manifestly by the very order of coronation which insueth in [Page 104] Belforest, taken vvord for vvord out of Tillet, in Memoi­res du Tillet c. du sacre des Roys. The par­ticuler manner of corona tion. his treatise of Recordes, in the chapter of annoin­ting the kings of France in thes wordes.

‘In the yeare of grace 1059. and 32. of the reigne of king Henry the first of this name of France, and in the 4. yeare of the seat and bis­hoprick of Geruays Archbishop of Rhemes, and in the 23. day of May being whit-sonday, king Phillip the first vvas apointed by the said Arch­bishop Geruays in the great church of Rhemes, before the aulter of our lady, vvith the order & ceremony that ensueth.’

‘The masse being begonne, vvhen it came to the reading of the Epistle, the said Lord Arch­bishop turning about to Phillip the Prince, that vvas ther present, declared vnto him vvhat vvas the Catholique fayth, and asked him whether he did beleue it, & whether he would Prosessiō of faith. desend it against al persons vvhatsoeuer, vvho affirming that he vvould, his oth vvas brought vnto him, wherunto he must sweare, vvhich he tooke and read with a loud yoyce, and signed it vvith his owne hand, and the words of the oth vvere these.’

Ie Philippe par le grace de Dieu prochain d'estre or­donné Roy de France, promets au iour de mon sacré de­uant Dieu & ses sanctes. &c. That is in Inglish, (for I vvil not repeate al the oth in French seing it is some what long). ‘I Phillip by the grace of God, neere to be ordeyned king of France, do pro­misse The oth of the King of France. in this day of my annointing, before al­mightie God, and al his saintes, that I wil con­serue [Page 105] vnto you that are ecclesiastical Prelats al canonical priuileges, and al law and iustice dew vnto euery one of you, and I vvil defend you by the helpe of God so much as shall lye in my power, and as euery king ought to do, and as by right and equity he is bound to defend eue­ry Bishop and church to him cōmitted within his realme, and further more I shal administer iustice vnto al people giuen me in charge, and shal preserue vnto them the defence of lawes and equity appertaining vnto them, so far forth as shal lye in my authority, so God shal helpe me and his holy Euangelists.’

‘This oth was read by the king, holding his handes betwene the handes of the Archbishop of Rhemes, and the bishop of Syen and Bisanson, legats of the pope standing by, vvith a very great number of other bishops of the realme. And the said Archbishop taking the crosse of S. Remigius in his hands, he shewed first vnto al the audience, the ancient authoritie which the Archbishops of Rhems had euen from the tyme of S. Remigius that baptized ther first christian king Clodoueus, to annoint & crowne the kings of France, which he said vvas confir­med vnto them by priuiledge of the pope Hor­misda that liued in the yeare of Christ 516. and after also by pope Victor, and this being done, he Belfor. 1. 3 cap. 20. then (by licence first asked of king Henry the father ther present) dyd chose Phillip for king. Il esleut le dit Philippe son sils, en, & pour Roy de France, which is word for word, the Archbishop chose [Page 106] the said Phillip king Henryes sonne, in and for king of France, which the legats of the pope presently cōfirmed, and al the bishops Abbots and cleargie, with the nobility & people in ther order, did the like, crying out three tymes in thes vvordes. Nous le apprououns, nous le voulons, soit The peo­ples ele­ction and admifsiō. fait nostre Roy, that is, vve approue his election, we vvil haue him, let him be made our king, & presently was song. Te Deum laudamus in the quyar, and the rest of the ceremonies of anoin­ting and coronation were done, according to the ancient order of this solemnity, vsed in the tyme of king Phillips predecessors kings of France.’

Thus far do French stories recount the old & ancient manner of anointing and crowning ther kings of France, which had endured as I haue said, for al most 600. yeares that is to say, from Clodoueus vnto this king Phillip the first, vvho was crowned in France 7. yeares before our William conquerer (who also was present at this coronation, & had the third place amōg The later order of coronatiō in France. the temporal Princes as Duke of Normandie) entred into Ingland, but after this tyme the manner and ceremonies was somwhat altered, and made more maiestical in outward shew, & this especially by king Lewis surnamed the yonger, nephew to the foresaid king Phillip, who leauing the substance of the action as it vvas before, caused diuers external additions of honor and maiestie, to be adioyned therunto, especially for the coronation of his sonne [Page 107] Phillip the seconde surnamed Augustus, whom he caused, also to be crowned in his dayes, as his grand father Phillip had bin, and as himselfe had bin also in his fathers dayes.

This man among other royal ceremonyes ordeyned the offices of the twelue peeres, of France, 6. Ecclesiastical, and 6. temporal, vvho are they which euer since haue had the chiefest The 12. peeres of France & ther offi­ces in the corona­tion. places and offices in this great action, fot that the fore said Archbishop of Rhemes intituled also Duke of Rhemes, hath the first and highest place of al others, and annoynteth & crowneth the king. The bishop & Duke of Laon beareth the glasse of sacred oyle. The bishop & Duke of Langres the crosse: The Bishop and earle of Beuais the mantel royal, The Bishop & Earle of Noyon the kings girdle, and last of al, the Bishop and Earle of Chalons, doth cary the ring, and thes are the six ecclesiastical peeres of France with their offices in the coronation.

The temporal peeres are the Duke of Bur­gundie, deane of the order, vvho in this day of Temperal peeres. coronation holdeth the crowne: the Duke of Gasconie & Guyene the first banner quartered, the Duke of Normandie the 2. banner quarte­red, the Earle of Tholosa rhe golden spurres, the Earle of Champanie, the banner Royal or standerd of warr, and the Earle of flanders the sword royal, so as thet are 3. Dukes & 3. Earles in euery one of both ranks of spiritual & tem­poral Lords, and as Girard noteth, the king is apparraled on this day 3. times, and in 3, seueral To be no ted [Page 108] sortes, the first as a priest, the secōd as a king ād Girard du haillan li. 3. de l'e­stat. pag. 240. 242. & 258. vvarryer, the third as a iudge, and finally he saith that this solemnitie of anoynting and crowning the king of France, is the most mag, nificent, gorgious, and maiestical thing that may be seene in the vvorld, for which he refer­reth vs not only to the particuler coronations of thes two ancient king Phillipps, the first & second, but also to the late coronation of Hen­ry the second, father to the last kings of France which is also in printe, and in deede is a very goodly and most notable thing to be read, though in deede much more to be seen.

But to say a vvord or two more of Phillip Augustus before I passe any further, which The cere­monies vsed at this day. happened in the yeare 1179. and in the 25. of the reigne of our king Henry the 2. of Ingland, who as the French stories say was present also at this coronation, and had his ranck among Francis Belf. in vita Au­gustus. the peeres as Duke of Normandy, and held the kings crowne in his hand, & one of his sonnes had his ranck also as Duke of Gasconie, & the forme vsed in this coronation was the very same which is vsed at this day in the admission of the kings of France, in recounting wher-of I wil let passe al the particuler ceremonies Which are largely to be read in Francis Belfo­rest, in the place before mentioned, and I vvil repeate only the kings oth, which the said au­thor recounteth in thes wordes.

‘The Archbishop of Rhemes being vested in The coronation of Phillip. 2. Augustus his pontifical attyre, and come to the aulter to [Page 109] begin masse (wher the king also was vppon a high seat placed) he turned to him and said thes wordes in the name of al the cleargie and churches of France: Syre that which we require at your handes this day, is that you promise vn to vs, that you wil kepe al canonical priuile­ges law and iustice dew to be keept & defended as a good king is bound to do in his realme, and to euery bishop and church to him committed: wherunto the king answered. I do promisse and auow to euery one of you and to euery church to you committed, that I wil kepe and mainteyne al canonical priuileges law and iustice [...] to euery man to the vt­termost of my power, and by Gods helpe shal defend you as a good king is bound to doe, in his realme. This being done the king did sweare and make his oth, laying his handes vppon the gospel in thes wordes following. Au nom de Iesus Christ, ie iure The oth of the French king vsed at this day. & promets au peuple christien a moy suiect ces cho­ses, &c. Which is in Inglish: In the name of Ie­sus Christ I do sweare and promise to al Chri­stian people subiect vnto me thes points ensu­ning: first to [...] that al my subiects be kept in the vnion of the church, and I wil defend them from al excesse, rapine, extorsion, and ini­quity, secondly I wil take order that in al iudg­ments iustice shalbe kept, with equity and mercy, to the end that God of his mercy may conserue vnto me with you my people his holy grace and mercy. Thirdly I shal endeuour as much as possibly shal lye in me, to chase and driue out of my realme and al my dominions, al [Page 110] such as the church hath or shal declare for he­retiques, as God shal help me and his holy gos­pels. Thus swereth the king, and then kysseth the gospels, and mediatly is song. Te Deum lau­damus, and after that are said many particuler prayers by the Archbishop, and then is the king vested, and the ring, scepter, crowne, and other kingly ornaments and ensignes are brought & put vppon him, with declaration first vvhat they signifie, & then particuler prayers are made to God, that ther signification may be by the king fulfilled.’

‘And after al ended the Archbishop with the Bishops do blesse him, and say thes vvordes The arch­bishopes blessing & spech to the nevv kinge. vnto him. God which reigneth in heauen and gouer­neth al kingdomes blesse you, &c. Be you stable and constant, and hold your place and right, from hence forth which heere is committed and laid vppon you by the authority of almighty God, and by this present tra­dition and deliuery which we the bishops and other seruants of God do make vnto you of the same, and re­member you in place conuenient, to beare so much more respect & reuerence vnto the [...]. by how much neerer then other men you haue seene [...] to approch to Gods aulter, to the end that Iesus Christ mediator of God and man may confirme and maynteyne you by the cleargie and people, in this your royal seat and throne, who being lord of Lords and king of kings make you reigne with him and his father in the life and glory euerlasting.’

‘Thus saith the Archbishop vnto him, and after this he is led by him and the other peares, [Page 111] vnto the seat royal, wher the crowne is put vp­pon his head, and many other large ceremoneies vsed vvhich may be read in the author a fore said, and are to long for this place.’ And yet haue I bin the larger in this matter of France, for that I do not thinke it to be improbable which this author and others do note, to wit, that most nations round about haue taken their particuler formes of anoynting and crowning their kings, from this anciēt custome of France, The man ner of co­ronations takē from France. though the substance therof, I meane of ther sacring and anoynting, be deduced from exam­ples of far more antiquity, to wit, from the very first kings among the people of Israel, whō God 1. Reg. 10. & 16. caused to be anoynted by his priestes and pro­phets, 2. Reg. 2. in token of his election, and as a singu­ler priuiledge of honor and preheminence vnto them, wherof king Dauid made so great accōpt when he said to the souldiar that had killed Saul his enimye in the warr, quare non timuisti mittere manum tuam in Christum Domini, VVhy 2. Reg. 1. diddest thow not feare to lay thy hands vppon the anoynted of God, and he put him to death for it, notwithstanding that Saul had bin long before deposed, and reiected by God, and that himselfe had lawfully borne armes against him for many daies, so much was that ceremony of anoynting estemed in thos dayes, & so hath it bin euer since among christian people also, for that kings hereby are made sacred, and do not only perticipate vvith priests, but also vvith Christ himselfe vvho hath his name of this [Page 112] circumstance of anoynting as al the vvorld knoweth.

Probable then I say it is, that albeit the sub­stance of this ceremony of anoynting kings be much elder then the christian kingdome of France: yer is this partic uler and maiestical manner of doing the same by waye of corona­tion, the most ancient in France aboue al other kingdomes round about, especialy if it began vvith ther first christian king Clodouaeus not ful 500. yeares after Christ, as french au­thors do hold. At what tyme also they recount a great miracle of holy oyle sent from heauen The holy oyle of Rhemes. by an angel for anoynting Clodouaeus, vvherof they say they haue stil remaining for the anoyn­ting of their kings at Rhemes, vvhich point I vvil not stand to treat or discoursein this place, but rather wil refer my reader to the foresaid chapter of Francis Belforest chonicler of Frāce, vvho alleageth diuers vvriters of almost 500. Belfo. l. 3. cap. 57. yeares antiquitie that write of the same, but howsoeuer that be, very probable it semeth that al the ceremoneys of coronation in Germany & Polonia before recited (which had ther begin­ning long after the reigne of Clodouaeus) might be taken frō thence, and so the affinity and like­nes of the one to the other doth seeme to agree, and Garribay also the chronicler of Spayne, and of Nauarra, in his 22. booke talking of this cu­stome Esteuan. Garribay. lib. 22. C 1 of anoynting and crowning the kings of Nauarra, saith, that this excellent custome be­gan ther (I meane in Nauarra) aboue 800. yea­res [Page 113] past and vvas brought in by certaine Earles Kinges crovvned in nauar­ra and not in Spai­ne. of Champayn of France named Theobaldes who comming to attayne that crowne brought with them that reuerent ceremony of anoyn­tig & crowning ther kings, according to the vse of the French, which custome endureth vntil this day in that part of Nauarra, that is vnder the house of Vandome, albeit in the other that is vnder the Spaniardes (which is far the greater) it vvasleft of in the yeare 1513. When Ferdinande surnamed the Catholique king of spayne entred ther-vppon, for that the Spanish kings are neuer anoynted nor crowned but otherwise admitted by the common vvealth as before I haue declared.

But among al other kingdomes it semeth that Ingland hath most particularly taken this custome, and ceremony from France, not only for the reason before alleaged that diuers of our Inglish kings haue come out of France, as William Conqueror borne in Normandy, king The In­glish co­ronation taken frō he frēch. Stephen sonne to the Earle of Blois, and Bollen, a French man, and king Henry the second borne likwise in France, and sonne to the Earle of An­iou: but also for that in very deede the thing it selfe is al one in both nations, and albeit I haue not sene any particuler booke of this action in Ingland, as in French ther is: yet it is easy to ga­ther Le Sacre des Roys. by storyes what is vsed in Ingland about this affaire.

For first of al, that the Archbishop of Canter­bury doth ordinarily do thes ceremony in In­land [Page 114] as the Archbishop of Rhemes doth it in France, ther is no doubte, & with the same so­lemnity and honor, according to the condition and state of our countrey: and Polidor Virgil in Polid. lib 13. hist. his story noteth that pope Alexander did inter­dict and suspend the Archbishop of Yorke, Angliae in vita Hen­rici. with his two assistants the bishops of Londō & Salisbury, for that in the absence of Thomas Becket Archbishop of Canterbury, and with­out his licence, they did crowne king Henry the seconds sonne, named also Henry, at his fa­thers perswation, and diuers do attribute the vnfortunate successe of the said king Henry the yonger that rebelled against his father, to this disorderly and violent coronation by his fathers appointment: secondly that the first thing which the said Archbishop requireth at the new kings hands at his coronatiō, is about religion, church matters and the cleargie (as in France vve haue seene) it appereth euidently by thes vvords which the same Archbishop Thomas (surnamed commonly the martyr) remayninge in banishment vvrote to the same king Henry the second which are thes. Memores sitis confessionis quam fecistis & posuistis super altare In vita D. Thom. Cantuar. apud sa­rium in mense Decem­bris.apud westmonsterium de seruanda Ecclesiae libertate, quando consecrati fuistis, & vncti in regem à praede­cessore nostro Thebaldo. Which is, ‘do you cal to your remembrance, the confession, which you made and laid vppon the aulter at vvestmin­ster, for keping & defending the libertie of the church when you vvere consecrated and an­noynted [Page 115] king by Thebaldus our predecessor.’ By which wordes appereth, that as the king of In­gland vvas consecrated and annoynted in thos dayes by the Archbishop of Canterbury, so did he sweare and giue vp his oth also in vvri­ting, and for more solemnity and obligation, layd it downe or rather offered it vp, vvith his owne handes vppon the aulter, so much as vvas repuired of him by the said Archbishop & cleargie, for the special safety of religion, and theis ecclesiastical liberties, which is the selfe same pointe that vve haue sene before, as vvel in the oth of the kings of France, as also of Po­lonia and Spayne, and of the Emperors both Grecian and German.

The very like admonition in effect I finde made by an other Thomas Archbishop of Can­terbury, The speech of an other Arch-bushop of Canter bury to the King. to an other king Henry, to wit by Thomas Arundel to king Henry the fourth, vvhen in a parlament holden at Couentry, in the yeare 1404. the king vvas tempted by cer­tayne temporal men, to take away the tempo­ralityes from the cleargie, Wherunto vvhen the said Archbishop Thomas had answered by di­uers reasons, at last turning to the king he besought him (saith Stow) to remember the oth which he voluntarily made, that he would honor & de­fend Stovv in vita Hen­rici 4. the church and ministers therof. VVherfore he desired him to permit and suffer the church to enioy the priuileges and liberties which in tyme of bis prede­cessors it did enioy, and to feare that king which reygneth in heaucn, and by whom al other kings do [Page 116] reigne morouer he desired him to consider his promise also ro al the realme, which was that he [...] preserue vnto euery man [...] and title, so far as in him lay. By vvhich speech of the Archbishop the king was so tar moued, as he vvould heare no more of that bil of the layne, but said that he would leaue the church in as good estate, or better then he found it, and so he did, but yet hereby we come to learne, vvhat oth the kings of Ingland do make at ther coronations tou­ching the Church and cleargie.

The other conditions also of good gouer­ment, Holingsh in his Cro. pag. 476. & 1005. are partely touched in the speach of the Archbishop, and much more exprefly set downe in the king of Inglands oth, recorded by ancient wryters, for that he sweareth as both Holinshead and others do testifie, in ther inglish stories, in thes very words, to vvit. That he wil during his life, beare reuerence & honor The Kin­ges of England. vnto almightie God, and to his Catholique church, and vnto his ministers, and that he wil administer law and iustice equally to al, and take away al vniust lawes. Which after he had sworne, laying his handes vppon the gospels: then doth the Archbishop (turning about to the people) declare vvhat the king hath promised and sworne, and by the mouthe of a harold at armes asketh ther con­sents, whether they be content to submit themsel­ues vnto this man, as vnto ther king or no, vnder the conditions proposed, wherunto when they haue yealded themselues, then beginneth the Arch­bishop to put vppon him the regal ornaments [Page 117] as the sword, the ring, the scepter, and crowne, Regal or­naments. as before in the French coronation you haue hard, and namely he giueth him the scepter of S. Eduard the consessor, and then he addeth also the same wordes of commission and exhottation as the other doth, to wit, stand and hold thy place and kepe thy oth, and therunto adioyneth a great commination or threat, on the behalfe of al­mightie God, if he should take vppon him that dignity, without firme purpose to obserue the things which this day he hath sworne, and this is the somme of the Inglish coronation Which you may read also by piece meale in Iohn Stow (according as other things in that his breefe collection are set downe) but espe­cially Stovv in vita [...] 2. in fine. you shal seit in the admissions as Wel of the said kinge Henry the fourth now last men­tioned, as also of king Edward the fourth, at ther first entrances to the crowne, for in the admis­sion of king Henry, Stow sheweth, how the people vvere de maunded thrise, whether they were content to admit him for ther kinge, and that the Admissiō and Co­ronation of King Henry 4. Archbishop of Canterbury (who was the same Thomas Arundel of whom vve spake before) did read vnto them what this new king vvas bound by oth vnto, and then he tooke the ring, vvherwith he vvas to vved hym to the common wealth, (which vvedding importeth as you know an oth and mutual obligation on both sides in euery marriadge) and the Earle of Northumberland high Constable of Ingland, for that day, was vvilled to shew the said ring [Page 118] to the people, that they might therby see the band wherby ther king vvas bound vnto them. And then it vvas put vppon his finger, and the king kissed the Constable in signe of acceptāce, fel on his knees also to prayer that he might obserue his promise, and other like ceremonyes saith Stow, vvere vsed, and this vvas done the 13. of October 1359. and therfore vppō good reason might this same Archbishope put him afterward in mynde of this his othe as before I haue shewed that he did.

At the admission also of king Edward the The coro nation of King Edvvard 4. fourth, Stow noteth in his Chronicle, ‘that first the peoples consent was demaunded very so­lemly in S. Iohns feilde by London, the 29. of February, in the yeare 1460. notwithstanding that king Edward had proued his title, by suc­cession before in the parlament holden at west­minster, and now this consent of the people Stovv in vita Her. 6. pag. 709. being had, (or he being thus elected as Stowes words are) he went the next day in procession at paules, and offered ther, and after, Te Deum being song, he was with greate roy alty cōueyed to westminster, and ther in the haule set in the kings seat, with S Edwards scepter in his hand, and then the people were asked agayne if they would haue him king, and they cryed yea yea,’ thus far Iohn Stow.

And if any would take exception against thes of king Henry and king Edward the 4. bicause they entred and began ther reignes vppon the depriuation of other kings then lyuing, ther [Page 119] are yet many liuing in Ingland that haue seene the seueral coronations of king Edward the 6. Q. Mary & Q. Elizsabeth that now reigneth, & can witnes that at al and euery of ther corona­tions, the consent of the people and their accep­tation of thos Princes is not only demanded by the publique cry of a harolde at armes, which standeth on both the sydes of the high scaffolde or stage wherō the Prince is crowned, and the peoples answere expected till they cry yea yea: but also that the said Princes gaue there, their corporal othe vpon the Euangelists vnto the Bishop that crowned them, to vp holde & maynteyne the faith afornamed, with the liberties and priuileges of the church, as also to gouerne by iustice and law, as hath bin said: which othes no doubt haue bine sworne and taken most solemnly by all the kings and Queenes of Ingland, from, the dayes of king Edward the Confessor at the least, and he that wil see more poyntes of thes othes set down in particuler let hym reade magna carta, and he wilbe satisfied.

By al which, and by infinite more that might be said and alleaged in this matter, and to this purpose, it is most euident, (said the Ciuilian lawyer) that this agreement, bargayne and con­tract betwene the king and his cōmon wealth, The con­clusion of this cap­ter. at his first admission, is as certayne and firme (nothwitstanding any pretence or interest he hath or maye haue by succession) as any cōtract or mariage in the vvorld can be, vvhen it is [Page 120] solemnized by wordes de praesenti (as our law speaketh) betwene parties espoused before by vvordes de futuro, vvhich is an act that expres­seth this other most liuely, as afterward more at large I shal shew vnto you, and consequently I must nedes affirme, to be most absurd base and impious, that flattery before mentioned of Bel­loy & his companions, in their bookes before cited, where he holdeth, that only successiō of blood, is the, thing without further approbation, which ma­keth a king, and that the peoples consent to him that is Absurd aslertions of Bclloy. next by birth, is nothing at al needful, be he what he wil, and that his admission. inunction or coronation is only a matter of external ceremony, without any effect at al, for increase or cōfirmatiō of his right; thes (I say) are vnlerned, fond & wicked assertions, in fla­tery of Princes, to the manifest ruine of cōmon wealthes and peruerting of al law, order & rea­son, which assertiōs albeit they haue bin suffi­ciently (as I suppose) refuted before, yet meane I to stand a little more vppō them in this place for more euident demonstration of so im­portant a truth, as also to see & examine what may duly be attributed to bare successiō alone, to the end that no man may thinke we meane to improue or imbase that which we esteme in so high degree, and thinke that the best and surest way of maynteyning kingly go­uerment in the world: is to haue it go by suc­cesion, as it doth at this day in Ingland, and in most other states of Europe besides, though yet with the limitations & conditions due ther­vnto, [Page 121] wherof I shal now beginne to treat more in particuler, but after some little pause if you please, for that this other narration hath wel wearied me.

VVHAT IS DVE TO ONLY SVCCESSION BY BIRTH, AND VVHAT INTE­rest or right an heyre apparent hath to the crowne, before he be crowned or admitted by the cōmon wealth, and how iustely he may be put backe yf he haue not the other partes requisit also.
CHAP. VI.

VERY resonable it semed to al the whole assembly that some intermission or pause should be admitted, as the Ciuilian had requi­red, and this aswel for the commodity of the hearers, who desired to confer together more in particuler, of the poyntes alredy discussed, as also of the speaker, who whith reason affir­med A pause. that he was somewhat weary, seing he had continued his spech so long together. And so whith one consent they rose al and went into an orchard adioyning to the house, and after some houres space, returned agayne, for that euery man seemed very desirous to heare this other matter debated, of the interest of [Page 122] Princes before ther coronation, for that they said, it touched the very pointe it selfe, now in question in Ingland, and that which is like to be in action also, ere it be long, Wherfore they desired the Ciuilian to beginne his discourse, and first of all to set downe the very words of Belloy about this matter, as also the places wher he writeth the same, for that his assertions ap­peared to them very strainge & opposite to al reason of state & practise of the vvorld, as also contrary to al that vvhich hitherro had bin said and treated.

Wher-to the Ciuiliā answered, trew it is, that they are so, and more plaine and [...] flatte­ries then euer I haue read vttered by any man to any prince or tyrant vvhat soeuer, albeit most of them (as you know) haue not fayled to find as shameles flatterers, as themselues were Grose fla­tery. eyther vayne or vvicked princes, and for my part I am of opinion, that thes propositions of Belloy vvil rather hurt and hinder, then profit the prince for vvhom and in vvhos fauour he is thought to haue written them, vvhich is the king of Nauarra whome hereby he would ad­uaunce (as he semeth) and haue admitted to the crowne of France, vvhithout al consent or ad­mission of the realme. But I for my part, as I doubt not greatly of his title by propinquity of blood, according to the law Salique; so on the other side, am I of opinion, that thes proposi­tions of Belloy in his behalfe, that he should enter by only title of birth, vvhithout condi­tion [Page 123] consent or approbation of the realme, as also vvhithout oth annoynting or coronation, yea of necessitie, vvhithout restraint or obliga­tion to fulfil any law, or to obserue any priuile­ges to church, chapel, cleargie, or nobilitie, ot to be checked by the vvhole realme, if he rule amisse: thes thinges I say, are rather to terifie, the people and set them more agaynst his en­trance, then to aduance his title: and therfore in my poore iudgment, it vvas nether vvisely vvritten by the one, nor politiquely permitted by the other. And to the end you may see vvhat reason I haue to giue this censure, I shal here The pro­positions of Belloy apolog. ca. h. part. 2. §. 7. set downe his owne propositions, touching this matter, as I find them in his owne words, First then he auoutcheth, that al families which enioye kingdomes in the world were placed therin by God only, and that he alone can chāge the same, which if he refer vnto gods vniuersal prouidence quae attingit à fine vsque in finem fortiter as the scrip­ture saith, and vvhithout vvhich a sparrow fal­leth not ō the grownd, as our saviour testifieth, Matth. 6. no man wil deny, but al is from God, ether by his ordinance or permission, but if we talke (as we do) of the next & immediate causes of em­pyres, princes, & of ther chāges; cleere it is, that men also do & maye concure therin, and that god hath left them lawful authority so to do, and to dispose therof for the publique benefit, as largly before hath bin declared, & conse­quently to say that god only doth thes things & leaueth nothing to mans iudgemēt therin is [Page 124] agaynst al reason vse & experience of the world.

The second proposition of Belloy is, that where such princes be once placed in gouerment, and the law of succession by birth established, there the 2. Apolog. Cathol. part. 1. pa­rag. 7. princes children or next of k ynne dō necessarily succede, by only birth, whithout any new choise or approba­tion of the people, nobilitie, or cleargie, or of the whole common wealth together. And to this assertion he ioyneth an other as straing as this, which is, that a king neuer dieth for that whēsoeuer or how-soe­uer he ceaseth by any meanes to gouerue, then entreth 3. Apolog. pro rege. [...]. 6. Sc 34. the successor by birth not as heyre to the former, but as law-ful gouernour of the realme whithout any admis­sion at al, hauing his authority only, by the condition of his birth and not by adoption or choise of any. Which two propositions albeit they haue bin suffi­ciently refuted, by that which hath bin spoken in the last two chapters going before, yet shal I novv agayne conuince more amply the vn­truth therof.

Other two propositions he addeth, which pattly haue bin touched and answered before, and yet, I meane to repeat them agayne in this place for that they appertayne to this purpose, his former is, that a prince once entred to gouermēt, 4. Apolog. Cathol. part. 2. pa­rag. 7. & pro rege cap. 9. and so placed as hath bin said ys vnder no law or re­straincte at al, of his authority, but that himselfe only is the quick and liuing law, and that no limitation can be giuen vnto him by any power vnder heauen, except it be by his owne wil, and that no nation or common wealth can appoynt or prescribe how they wil obey or how their prince shal gouerne them, but must leaue [Page 125] his authority free from al bandes of law, and this eyther willingly or by violence, is to be procured. By which vvordes it semeth that he paynteth out a per­fect paterne of a tyranical gouerment, vvhich how it may further the king of Nauarres pre­tence, in the case he standeth in presently in France, I do not see.

His other proposition is, That albeit the heyre apparent which is next by birth to any crowne, should 5. Apolog. pro rege cap. 20. be neuer so impotent, or vnfit to gouerne, as if (for examples sake) he should be depriued of his senses, madd, furious, lunatique, a foole or the like, or that he should be knowne ō the other side to be most malicious, wicked, vitious or abhominable, or should degenerat into a very beast, yea if it were knowne that he should go about to destroy the common wealth, and drowne the shipp which he had to guide, yet (saith this man) he must be sacred and holy vnto vs, and admitted whithout condradiction to his inheritance, which God & nature hath laid vppon him, & his direction restaint or punishment must only be remitted to God alone, for that no mā or cōmun wealth, may reforme or restraine him. Thus saith Belloy, which I doubt not vvil feme vnto you rather belly and base doctrine, then to come from the head of any learned or discreet man, that regardeth the end why com­mon vvealthes and kingdomes and al gouer­ments vvere ordeyned by God and nature, and not the flattering or adoring of any one mise­rable man that shal stand ouer them to distroy the vvhole.

But novv to the particuler matter that vve [Page 126] are to treat, vvhich is, vvhat is to be attributed to this succession or propinquity of birth alone, I am of opinion, as before I signified, that albeit ther vvant not reasons on both sides among learned men, vvhat kinde of prouiding Successiō of princes by birth better thē ineere election & vvhy? gouernors to common vvealthes is best, either by simple and free election only, or by succes­sion of birth: my opinion (I say) is, that succes­sion is much to be preferred, not for that it vvanteth al difficulties and inconueniences (vvhich al temporal things vppon earth haue) but lyke as before I haue shewed of the parti­cular gouerment of a monarchie in respect of other formes of regimēt, to wit, that it wanted not al, but had fevver inconueniences then other formes of regiment haue, so say I also of this, that albeit some inconueniences want not in succession; yet are they commonly far lesse and fewer, then would follow by mere electiō, vvhich is subiect to great and continual dan­gers 2. reason. of ambition, emulation, diuision, sedition, and contention, which do bring vvith them euident peril of vniuersal destruction & desoia­tion of the vvhole body, & this at euery change of the Prince, vvhich change on the other side, is much assured by succession, for that great occasions of strife and contention are ther by cut of.

2.And besides this, the Prince vvho is in pre­sent possession knowing that his sonne or next of kynn, is to be his heyre, hath more care to leaue the realme in good order, as vve see that [Page 127] the husband man hath to til and manure that ground, vvhich is his owne, and to remayne to his posterity.

3.A third commodity also ther is, for that lesse mutations and alterations are seene in the common vvealth, wher succession preuayleth, for that the sonne following his father, doth commonly retayne the same frends, councel­lers, officiers, and seruants, vvhich his father had before him: pursueth the same actions and intentions, vvith the same māner of proceding for the most part; vvher as he that entereth by election, being an allien to him that vvent be­fore him, & neuer lightly his frend, doth change alter and turne vpsidowne, al things.

4.Further more (which may be also a fourth reason) he that entereth by succession, for that he is either borne a Prince, or hath bin much respected stil for his title to the crowne, brin­geth vvith him lesse passions of hatred, emula­tion, anger, enuy, or reuenge agaynst particuler men (for that no man durst offend him) then doth he vvhich entreth by only election, for that he hauing bin a subiect and equal to others before his aduancement, and therby holden contention with many, especially at this ele­ction, must needs haue matter of quarrel with many, vvhich he vvil seeke easily to reuenge whē he is in authority, as on the other side also such as were his equales before wil beare him lesse respect & more vnwillingly be vnder him, then if by birth he had bin ther soueraine.

[Page 128]Thes and diuets other are the commodities 5. The pre­heminene of primo­genitura. of succession, whervnto vve may also ad the preheminence and priuilegde of primogenitu­ra, and auncetrie of birth, so much respected & commended by holy writ, not only in men, but in al other creatures also, whos first borne Genes. 15 & 49 were dedicated to God himselfe, and one no­table Deut. 21. & 15. example among other occurreth to my 2. Patalip. 21. & 3. mynde of the two sonnes of Isaac, of the which two albeit God had ordeyned to chuse the Exod. 3. & 2. yonger before he was borne, at S. Paul testi­fieth, Rom. 9. & 13. and to reiect the elder, that is to say, that Iacob should inherite the benediction and not Genes. 28 & 27. Esau: Yet would God haue this yonger to pro­cure the said priuilege of elder ship frō Esau by diuers meanes as first by bargaine, and after by guile according to the storie we read in Genes. Out of which story two points may be ponde Tvvo points to be noted. red much to our purpose, first that primogeni­tura or elder ship of birth (as I haue said) was greatly respected by God, and according to that, al the discents and successions of kinges were commonly among that people, for that ordi­narily the eldest sonne euer succeded his father in the crowne of Iury. And the second pointe is, that God would shew euen in this begining, that yet this priuilege was not so inuiolable, but that vppon iust causes it might be broken, as it was by this his choyse of Iacob the yōger, and reiecting Esau the Elder: and many times after in matter of gouerment the same was practised by God him self, as vvhen Iuda the [Page 129] fourth tribe and not Ruben the first & eldest Genes. 29 & 49. was appointed by God to enioy the scepter and Exod. 1. crowne of the Iewes, as also when king Dauid dyed, not his first second or third sonne, but his tenth in order, to wit, Salomon who was also the 2. Reg. 5. fourth that he had by Bersabee, vvas appointed 1. Paral. 3. for his successor.

So that in very deede we haue here both out Tvvo ca­ses resol­ued. two cases, that were propounded in the begin­ing, ouerruled and determined by authority and example of holy writ it selfe, namely and first of al, that priority and propinquity of blood in succession, is greatly to be honored regarded and preferred in al affaires of dignity and prin­cipallity, and yet (which is the second pointe) are we not so absolutly & peremptorily bound thervnto alwayes, but that vppon iust and vr­gent occasions that course may be altered and broken.

Which licence or liberty is indeed, the only The re­mede of inconue­niences by succes­sion. (or at least wise) the most principal remedy for such inconueniences as do or may ensew of the course of succession, vvhich inconuenien­ces as before I shewed to be far lesse and fewer then are wont to follow of bare election alone, yet did I confesse also, that some did or might fal out, as namely that the person vvho by suc­cession of blood is next, may be vnable or vnfit or pernicious to gouerne, in vvhich cases the remedy is (as before hath bin declared) ether to helpe and assist; him by lawes directions and vvise councells, if he be capable therunto [Page 130] or els to remoue him and take in another of the same blood royal (though further of in de­gree or propinquity) in his place.

And this is and hath bin the custome and practice of al kingdomes and common vveal­thes from the beginning, since succession hath bin established among them, as afterwards I shal demōstrate vnto you by great store of eui­dent examples and presidentes, & by this mea­nes vve come to remedy the difficulties and in­conueniences of both kindes of making our kings and princes, vvhich are election, and suc­cession, as hath bin said: for by succession vve do remedy the inconueniences and dangers before mentioned of bare election, to vvit of Election & succes­sion do helpe the [...] tho­then strife, banding, ambition, and the like: and by this other meane of adding also election con­sent and approbation of the realme to succes­sion, vve remedy the inconueniences of bare succession alone, vvhich inconueniences are principaly, that some vn-apt impotent or euel prince may be offered some times to enter by priority of blood, vvherof the realme may deli­uer it selfe, by this other meanes of not admit­ting him, so as election by succession, and suc­cession agayne by election is salued, & the one made a preseruatiue and treacle to the other: & this is the vvisdome and high policie left by God and nature, to euery common vvealth, for ther owne conseruation and maintenance, and euery man that is of reason and iudgment, and void of passion wil not only allow, but [Page 231] also highly commend the same.

Now then to answere in particuler to the two questions made at the beginning of this Ansvver to the [...] principal questions speech, to vvit, vvhat is to be attributed to suc­cession alone, and secondly vvhat interest a prince hath ther-by to any crowne, before he be crowned or admitted by theō cmon vveath: To the first I say, that to succession alone or [...] to be [...] priority of blood only, great honor, reuerence, and respect ought to be borne, as before hath bin declared, for that it is the principal circum­stance and condition vvhich leadeth vs to the next succession of the crowne infalibly, and vvithout al strife: if his propinquity be cleare and euident, and that other necessary circum­stances and conditions do concurr also in the same person, vvhich condicions vvere appoin­ted and set downe at the same time, and by the same authority that this law of succession vvas established, for that both the one & the other of thes two points, vvere ordeyned by the com­mon vvealth, to vvit that the elder and first in blood should succeede, and that he should be such a person as can and vvil gouerne to the publique vveale of al, as often and largely be­fore hath bin auouched and proued.

To the second question I answere, that an heyre apparent to a crowne before his corona­tion VVhat an heyre ap­parent is before [...] coronatiō and admission by the realme, if he haue the conditions before required, hath the same interest to the kingdome, vvhich the king of Romans, or Caesar hath to the Germane em­pyre [Page 132] after his election and before he be crow­ned: or to vse a more familier example to In­glish men, as the Mayor of London hath to the mairalrie, after he is chosen and before he be admitted, or haue taken his oth. For as this man in [...] is not truly mayor, nor hath not his iurisdiction before his oth and admission, nor the other is properly Emperor before he be crowned, so is not an heyte apparent, truly king though his predecessor be dead, and he next in succession, vntil he be crowned or ad­mitted by the common vvealth.

An other example is ther in mariage also Examples of tnatia­ge. vvherby our matter is made more playne, for in this contract go both the betrothing and actual ioyning together of the parties in wed­lock, the first is dōne by wordes de futuro or for the time to come, and is not properly mariage, but espousal only, the other is by vvords de pre­senti that is by mutual present consent giuen of both parties, and this seconde is only and pro­perly true mariage, which two points are ex­presly represented in the state of an heyre appa­rent and of a crowned king, for that the heyre apparent by propinquity of blood, is only espoused or betrothed to the common wealth, for the time to come, and is marryed afterwards by present mutual consent, of both parties, in the contract and knitting vp of the matter, at his coronation, by the othes vvhich ether part maketh the one to take the other, & by puting on the ring and other wedding garments befo­re [Page 133] mentioned in ther coronations, by al vvhich the heyre apparent, (vvhich before vvas but espouse,) is made now the true king and hus­band of the common vvealth, vvhich before he was not, by only succession, but only a betro­thed spouse or designed king, as hath bin de­clared.

Wherfore it followeth also, that the com­mō VVhat respect is devv to an heyre apparent vvealth oweth no allegeance or subiection vnto the heyre apparent in rigour of iustice, vntil he be crowned or admitted, though his predecessor be dead, for that in very deede vntil that time, he is not ther true king & souerai­ne, though for better keping of order & auoy­ding of tumults, al common wealthes lightly that haue ther princes by succession, haue or­deyned in thes later ages, that from the death of the former princes, al matters of gouerment shal passe in the name of his next successor (if his succession be cleere) and this (as I say) for auoyding of garboyles, and vnder supposal of confirmation and approbation afterward of the cōmon wealth, at his coronatiō, for which cause also, and for better accompt of yeares, it VVhy Princes do cōpt ther yea­res from the: death of ther predeces­sors. was ordeyned that the beginning of the suc­cessors reigne, should be reconed from the day of the death of his predecessor, and not from the day of his coronation, as otherwise in rigor it ought to be, and as in old time it was accusto­med to be as Girard secretary and chronicler of France, doth wisely note, in his third booke of Girard de Haillan l. 3. de l'e­state pag. 241. the estate and affaires of France, to wit, that [Page 134] kings in old time vvere vvotit to accompt the yeares of ther reignes from the day only of ther annoynting and coronation.

This pointe also that heyres apparent are not No heyre apparent K. before his coro­nation. true kings vntil ther coronatiou, how iust soe­uer thet title of succession otherwise be, and though ther predecessors be dead; it might be confirmed by many other arguments, but espe­cially and aboue al others, for that the realme is asked agayne three times at their coronatiō, whether they wil haue such a māto be king, or no, as An eui­dent Ar­gument. before hath bin shewed, which thing vvere in vayne to aske if he vvere truly king, as Belloy sayeth, before his coronation.

Againe we see in al the formes and different manners of coronations, before recited, that after the prince hath sworne diuers times to gouerne wel and iustly, then do the subiects take other othes of obedience and allegiance and not before, which argueth that before they were not bounde vnto him by allegeance, and as for the princes of Ingland, it is expresly no­ted by Inglish historiographers in ther coro­natiōs, how that no allegeance is dew vnto thē before they be crowned, & that only it happe­ned to Henry the fifth, among al other kinges A rare example of King Henry V. his predecessors to haue this preuilege, and this for his exceding to-wardlynes, & for the great affection of the people towards him, that he had homage donne vnto him before his coro­nation, and oth taken. Wherof Polidor writeth in thes wordes: Princeps Henricus facto patris fu­nere, [Page 135] concilium principum apud VVestmonasterium con­uocandum Polydor. virg. lib. 22. hittor. Angliae in vita Hen­rici V. curat, in quo dum de rege creando more ma­iorum [...], esse ubi, continuo aliquot Principes vltro in eius verba mirare coeperunt, quod beneuolentiae officium nulli antea priusquam rex renu nciatus esset, praestitum constat, a [...] Henricus ab ineunte aetate spem omnibus optimae inaolis fecit. Which in Inglish is this, ‘Prince Henry after he had finished his fa­thers funetals, caused a parlament to be gathe­red at Westminster, wher vvhiles consultation vvas had, according to the ancient custome of Ingland, about creating a new king, behold vppon the sudden certaine of the nobility of ther owne free vvilles. began to sweare obe­dience and leyaltie vnto him, vvhich demon­stration of loue and Good vvil, is wel knowne, that is was neuer shewed to any Prince before, vntil he vvas declared king: so great vvas the hope that men had of the towardlynes of this Prince Henry, euen from his tender age, thus far Polidor in his story of Inglād.’ And the very same thing expresseth Iohn Stow also in his chonicle in thes vvordes.To this noble Prince by Stovv in the beginning of the life of king Hen­ry V. assent of the parlament al the states of the realme after three dayes offred to do fealtte before he was crowned, or had solemnized hu oth wel and iustly to gouerne the common wealth, which offer before was neuer found to be made to any Irince of Ingland, thus much Stow. in vvhose narration as also in that of Polidor it may be noted: that king Henry the fift vvas not called king vntil after his coronation, but onlv Prince, though his fathe king Henry the [Page 120] fourth had bin dead now almost a month be­fore, Notes of this act. 2. and secondly that the parlament consulted de Rege creando more maiorum, (as Polidor his vvords, are) that is, of making a new king ac­cording to the ancient custome of ther aunce­stors, vvhich argueth that he vvas not yet king, though his father were dead, nor that the manner of our old Inglish ancestors, vvas to accompt him so, before his admission.

3. Thirdly that this demonstration of good wil of the nobility to acknowlege him for king before his coronation, and oth solemnized wel and iustly to gouerne the realme, was very extraordinary and of meere good wil. 4.And last of al, that this was neuer donne to any Prince before king Henry the fift, al which pointes do demonstrate, that it is the coronation and admission, that maketh a perfect and true king, whatsoeuer the title by succession be otherwise, & that except the ad­mission of the common wealth be ioyned to succession, it is not sufficient to make a lawful king, and of the two, the second is of far more importance, to vvit the consent and admission of the realme, then nearnes of blood by succes­sion a-loue.

This I might proue by many examples in Admissiō of more importan ce then successiō. Ingland it selfe wher admission hath preuayled against right of succession, as in William Rufus that suceeded the Conquerer, and in king Henry the first his brother, In king Stephen, king Iohn and others, vvho by only admission of the realme were kings, against the order of [Page 135] succession, as after more at large I shal shew you in a particuler spech vvhich of this point, I shal make unto you, and very specially it may be seene, in the two examples before mentio­ned of the admission of the two kings Henry and Edward, both surnamed the fourth, vvhos entrances to the crowne, if a man dovvel con­sider, he shal find that both of them, founded the best part and most surest of their titles, vp­pon the election consent, and good wil of the people: yea both of them at their dying dayes hauing some remorse of cōscience (as it semed) See ther lastvvords to ther frendes in Sir Tho Moore & Stovv. for that they had caused so many men to dye for mayntenance of ther seueral rightes and titles, had no better way to appease ther owne mynds, but by thinking that they were placed in that rome by the voice of the realme, and consequētly might lawfully defend the same, & punish such as went about to depriue them.

Moreouer you shal finde, if you looke into the doings of Princes in al ages, that such kings as vvere most politique, and had any lest doubt VVhy di­uer kings caused ther son­nes to be crovvned in ther ovvne dayes. or suspicion of trobles about the title, after ther deathes, haue caused their sonnes to be crowned in their owne dayes, trusting more to this, then to their title by succession, though they vvere neuer so lawfully & lineally discen­ded. And of this I could alleage you many ex­amples out of diuers countryes but especially in France, since the last lyne of Capetus came vnto that crowne, for this did Hugh Capetus himselfe procure to be donne, to Robert his [Page 138] eldest sonne, in his owne dayes, and the like did king Robert procure for his yonger sonne Henry the first, as Girard holdeth, and excluded Hirrd du Haillan lib. 6. hist. his elder only by crowning Henry in his owne daies: Henty also did entreat the states of Frace an. 1001. (as before you haue hard) to admitt & crowne An. 1032. An. 1061. Phillip the first, his eldest sonne, vvhiles him­selfe reigned, and this mans sonne Luys lc Cros, did the same also vnto tvvo sonnes of his: first An. 1131. to Phillip, and after his death to Luys the yon­ger, both vvhich vvhere crowned in ther fa­thers life time, & this Luys agayne the yonger, vvhich is the seuenth of that name, for more assuring of his sonne named Phillip the secōd, An. 1180. entreated the realme to admit & crowne him also in his owne dayes, vvith that great solem­nity, vvhich in the former chapter hath bin declared.

And for this very same cause of securitie, it is not to be doubted, but that alvvayes the prince of Spayne is sworne and admitted by the real­me, during his fathers reigne, as before hath bin said. The same consideration also moued king Dauid, to crowne his sonne Salomon in 3. Reg. 1. his owne dayes, as aftervvard more in particu­ler shalbe declared, and finally our king Henry also the second of Ingland, considering the al­teration that the realme had made in admit­ting king Stephen, before him, against the or­der of lineal successiō by propinquity of blood: Polyd. & Stovv in vita Hen­rici 11. and fearing that the like might happen also after him, caused his eldest sonne named, like­wise [Page 139] Henry, to be crowned in his life time, so as ingland had two king Henries liuing at one tyme, vvith equal authoritie, and this was done in the 16. yeare of his reigne, and in the yeare of our lord 1170. but his deuise had no good suc­cesse, for that king Henry the yonger made war soore after vppō king Henry the elder, & had both the kings of France and Scotland, & many nobles of ingland and Normandie, to take his part, for which cause it is thought, that this thing hath neuer bin put in practise againe since that tyme in Ingland, but yet heer­by it is euident, what the opinion of the world vvas in those dayes, of the force of coronation, and admission of the common vvealth, & how litle propinquitie of blood preuaileth vvith­out that.

And for more ample profe heerof and fuller The occa­sion of the next chapter. cōclusion of al the whole matter, I had thought to haue laid downe also in this place, some number of the most nororious examples, that I haue read, (for I haue read many) vvherin the commō vvealth vppon iust occasions hath ex­tended her authority to alter the natural course of succession by birth, but for that the thing requireth, some litle study and loking ouer some notes, that I haue taken out of stories, for helpe of memorie: I shal deferr it vntil our next meeting, at vvhat tyme I shall by Gods grace make this pointe very cleere, and so ende my vvhole discourse, for I see that I haue bin much longer then at the beginning I purposed [Page 140] and now I desire much to giue place vnto our temporal lawyer, heere present, vvho (I doubt not) hath matter to say of more delectation & pleasure, then this, though you of your curte­sies haue done me so much sauour as to heare me hitherto vvith patience and attention. Whervnto the vvhole company answered, that not vvith patience, but vvith great pleasure de­light and contentation, they had hard him, and so they vvould do the temporal lawer also in his turne, but yet they desired him that nothing of this discourse might be omitted, but vvholy finished, for that it gaue very great satisfaction to al, and opened many important pointes vnto them, vvhich they had neuer thought of be­fore, and vvith this they parted for that night euery man vnto his loging & habitation.

HOVV THE NEXT IN SVCCESSION BY PROPIN­QVITY OF BLOOD, HATH OFTEN­ tymes bin put back, by the commonwealth, & 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. VII.

AT the next meeting the Ciuilian camein very pensiue, as though his head had bin [Page 141] ful of study, vvherof being asked the reason, he answered, that he had reuolued many stories since his departure about the pointe vvhich he promised to treat of, & that he had found such store and great variety of matter, as he knew The Ci­uilian cloyed vvith co­py. not vvel vvher to begin, and much lesse where to end: for (quoth he) if I should begin with the [...] kinges before mentioned, it vvere infinite that might be alleaged, and perhaps some man vvould say, they vvere ouer old, and far fetched examples, and cannot be presidents Obiectiēs to vs in these ages, & if I lay before you the ex­amples of Romane kings and emperors put in and out, against the law and right of succession: the same men perhapps vvil answer, that it vvas by force, and iniury of mutinous souldiars, whervnto that common wealth was greatly subiect. And if I should bring forth any presi­dents and examples of holy scriptures, some other might chance to reply, that this was by particuler priuilege, vvherin God almightie would deale and dispose of things against the ordinary course of mans law, as best liked him­selfe, whose wil is more then law, and whose actions are right it selfe, for that he is lord of al, and to be limited by no rule, or law of man, but yet that this is not properly the acte of a com­mon wealth as our question demanndeth.

Thus (I say) it may be, that some man would reply, and therfore hauing store inough of plaine and euident matter, vvhich hath no ex­ception, for that it hath happened in setled [Page 142] commō vvealthes, & those [...] home, where the law of succession is receaued and establis­hed, to vvit, in Spayne, France, and Ingland: I shal retyre my selfe to them aloue: but yet put­ting The ex­ample of the Ievves 3. Reg. 8. you in mynd before I passe any further, that it is a matter much to be marked how god delt in this poynt vvith the people of Israel, at the beginning, after he had graunted to them, that they should hauve the same gouerment of kings, that other nations round about the had, vvhos kings did ordinarily reigne by succession as ours do at this day, and as al the kings of the Iewes did afterwards, and yet this not-vvith standing, God at the beginning, to vvit, at the very entrance of their first kings, vvould shew playnely that this law of succeding of the one the other, by birth and propinquity of blood, (though for the most part, it should preuaile) yet that it was not so precisely necessary, but that vppon iust causes it might be altered.

For proofe wherof, we are to consider, that albeit he made Saule a trew and lawful king ouer the lewes, & consequently also gaue him al kingly priuileges benefites and prerogatiues belonging to that degree and state, wherof one King Sau­le. principal (as you know) is to haue his children succede after him in the crowne: yet after his death God suffred not any one of his generatiō to succed him, though he left behinde him many children, and among others Is boseth a prince of 40. yeares of age vvhom Abner the ge­neral 2. Reg. 2. & 21. captayne of that nation, with eleuē tribes [Page 143] followed for a tyme, as their lawful lord and master by succession, vntil God checked them for it, and induced them to reiect him though heyre apparent by discent, and to cleaue to Da­uid newly elected king, vvho vvas a stranget by birthe, & no kynee at al to the king deceased.

And if you say heere that this vvas for the An obie­ction an­severed. sinne of Saule, vvhom God had reiected, I do confesse it, but yet this is nothing against our purpose, for that vve pretend not that a prince that is next in blood can iustly be put back, ex­cept it be for his owne defects, or those of his ancestors. And moreouer I vvould haue you consider, that by this it is euident, that the fault of the father may preiudicate the sonnes right to the crowne, albeit the sonne haue no parte in the fault, as vve may se in this example not only of Isboseth that vvas punished and depri­ued for the offence of Saul his father (not with standing he had bin proclay med king as hath bin said) but also of Ionathas Saules other sonne, vvho vvas so good a man, and so much praysed in holy seripture, & yet he being slayne in warr, and leauing a sonne named Miphiboseth 2. Reg. 9. he vvas put back also, though by nearnes of blood he had great interest in the succession as you see, and much before Dauid.

But Dauid being placed in the crowne by King Da­uid made by electiō election, free consent, & admission of the peo­ple of Israel, as the scripture playnly testifieth (though by motion and direction of God him­selfe) 2. Reg. 2. & 5. we must confesse, and no man I thinke [Page 144] vvil deny, but that he had giuen vnto him ther whith, al kingly priuileges preheminences and regalities, euen in the highest degree, as vvas conuenient to such a state, and among other, the scripture expresly nameth, that in particu­ler it vvas assured him by God, that his seede should regine after him: yea and that for euer, but yet Psal. 131. vve do not finde this to be performed to any 2. Paral. 6. of his elder sonnes (as by order of succession it should seme to appertaine) no nor to any of their of-spring or discents, but only to Salomō, vvhich was his younger and tenth sonne, and the fourth only by Bersabce, as before hath bin touched.

Trew it is, that the scripture recounteth how Adonias Dauids elder sonne, that vvas of rare bewty & a very godly yong prince, seing his fa­ther Adonias the elder sonne re­lected. now very old & impotent, & to lye on his death bedd, & himselfe heyre apparent by anti­quitie of bloode, after the death of Absalon, his elder brother that was slayne before, he had de­termined to haue proclamed himself heire ap­parēt in Ierusalem before his father died, & for that purpose had ordeyned a greate assembly & banquet, had called vnto it both the high preist Abiathar, & diuers of the cleargie, as also the ge­neral 3. Reg. 1. captaine of al the army of Israel named Ioab. With other of the nobility and vvith thē al the rest of his bretherē; that were sonnes to king Dauid, sauing only Salomō, together vvith ma­ny other princes & great men, both spiritual & temporal of that estate, and had prepared for [Page 145] hem a great feast as I haue said, meaning that very day to proclayme himselfe heyre apparent to the crowne, and to be crowned, as in deed by succession of blood it appertayned vnto him: and this he attempted so much the rather, by The motiues of Adonias. councel of his frends, for that he saw the king his father very old and impotent, and redy to dye, and had taken no order at al for his suc­cessor, and moreouer Adonias had vnderstood, how that Bersabee Salomons mother had some hope to haue her sonne reigne after Dauid, vppon a certaine promise that Dauid in his youth had made vnto her therof, as also she had in the special fauour and frendship which Nathan the Prophet, and Sadoc the preist (who could do much vvith the old king Dauid) did beare vnto her sonne Salomon, aboue al the rest of his brethren.

Herevppon (I say) these two that is to saye, Queene Bersabee & Nathan the Propher, com­ming [...] to King Dauid to make Sa­lomō his successor. together to the old man, as he lay on his bedd, and putting him in mynd of his promise, and oth made to Bersabee for the preferment of her sonne, and shewing besides how that Adonias whithout his order and consent, had gathered an assembly to make himselfe king, euen that very day (which did put the old king in very great feare and anger) and further also telling him (vvhich pleased him wel) quod oculs 3. Reg. 1. totius Isreal in eum respicerent, vt indicaret eis, quis sederet in solio suo post ipsum: that is, that the eyes of al Israel vvere vppon him to see whom he [Page 128] vvould commend vnto them, to sit in his seat after him, which was as much to say, as that the vvhole commō wealth referred it to his choise, which of his sonnes should reigne after him.

Vppon these reasons and persuasions (I say) the good old king was cōtent that they should The coro­nation of Salomon. take Salomon out of hand, and put him vppon the kings owne mule, and carry him about the streets of Ierusalem, accompained whith his [...]. Reg. 1. gard and court, and crying whith sound of trumpets Viuat Rex Salomon, and that Sadoc, the preist should annoynt him, and after that he should be brought back, and placed in the royal throne in the pallace, and so in deed he was: at what time king Dauid himselfe being not able through impotencie, to rise out of his bedd, did him honor and reuerence from the place vvher he laye: for so saith the scriptures aderauit rex in lectulo suo, king Dauid adored his sonne Salomon thus crowned, euen from his bedd, al vvhich no doubt thoughe yt may seeme to haue bin vvrought by humane mea­nes and pollicy, yet must vve confesse that it vvas principally by the special instinct of God himselfe, as by the sequel and successe vve see, so that hereby also vve are taught, that these & like determinations of the people, magistrates, A poynt to be no­ted. & cōmon vvealthes, about admitting or refu­sing of princes to reigne or not to reigne ouer them, vvhen their designements are to good endes, and for iust respects and causes, are al­lowed also by God, and oftentymes, are his [Page 147] owne special dirftes and dispositions, though they seme to come from man.

Wherof no one thing can giue a more eui­dent The man­ner of ad­mission of the prince Roboam. proofe, then that which ensued afterward to prince Roboam, the lawful sonne and heyre of this king Salomon, who after his fathers death comming to Sichem wher al the people of Israel vvere gathered together, for his corona­tion, and admission, according to his right by succession. For vntil that time vve see he was 3. Reg. 12. not accounted true kinge, thoughe his father was dead, and this is to be noted, the people be­gan to propose vnto him certayne conditions, for taking away of some harde and heauy im­positions, layed vppon them by Salomon his father, (an euident president of the oth and conditions that princes do swere vnto in thes dayes at their coronation) vvhervnto vvhen Roboam refused to yeild, ten tribes of the twelue refused to admit him for their king, but chose rather one Ieroboam Roboams seruant, that was a meere stranger and but of poore parentage, 3. Reg. 11. & made him ther lawful king, & God allowed therof as the scripture in expresse vvords doth testifie: and vvhen Roboam that toke himselfe to be openly iniuried heer by, vvould by armes haue pursued his title, and had gathered toge­ther an armie of a hundred and fower score thovvsand chosen souldiars (as the scripture 5. Reg. 12. & 21. sayeth) to punish thes rebells as he called thē, & to reduce thes 10 tribes to their due obediēce of ther natural prince: God appeered vnto one [Page 148] Semeia a holy man, & bad him go to the campe of Roboam, and tel them playnely that he would not haue them to fight against ther brethern, that had chosen an other king, but that euery man should go home to his house, and liue quietly vnder the king, vvhich each party had, and so they did, and this was the end of that tumult, vvhich God for the sinnes of Salomon had permitted and allowed of. And thus much by the way I thought good to touch out of holy scripture, concerning the Iewish cōmon­wealth, euen at the beginning, for that it may giue light to al the rest vvhich after I am to create of, for if God permitted and allowed this in his owne common wealth, that vvas to be the exāple and paterne of al others, that should ensew: no doubt but that he approueth also the same in other realmes vvhen iust occasions are offred, either for his seruice, the good of the people and realme, or els for punishment of the sinnes and wickednes of some princes, that the ordinary line of succession be altred.

Now then to passe on further, and to begyn with the kingdomes of Spayne, supposing Foure ra­ces of Spanish Kings. euer this ground of Gods ordenance, as hath bin declared: first I say, that Spayne hath had three or foure races or discents of kings, as France also and Ingland haue had, and the first race was from the Gothes, which began their raigne in Spayne after the expulsion of the Ambros. moral. Lib. 11. [...]. c. 12. Romans, about the yeare of Christ 416. to whō the Spaniard referreth al his old nobility, as [Page 149] the french man doth to the German Franckes, and the Inglish to the Saxons, which entred France and Ingland in the very same age, that the other did Spayne, & the race of Gothysh kynges indured by the space of 300. years vntil Spayne was lost vnto the Moores.

The second race is from Don Pelayo that was chosen first king of Asturias, and of the moun­tayne 2. Race. countrey of Spaine, after the distruction therof by the Mootes, about the yeare of Christ [...]. as before hath bin touched, which race Ambros. moral. lib. 13. c. 3 contynewed & increased, & added kingdome vnto kingdome for the space of other three hundred yeares, to wit vntil the yeare of Christ 1034. when Don Sancho may or king of Nauarra Moral. lib. 37. e. 42. 43. 44. at vnto his power, the Earldome also of Ara­gon and Castilia, and made them kingdomes, and deuided them among his children, and to his second sonne, named Don Fernando, surna­med afterward the great he gaue not only the said Earldome of Castilia with title of king­dome, but by mariynge also of the sister of Don Dermudo king of Leon, and Asturias, he ioyned al those kingdomes together, & so began from that day forward the third race of the kings of 3. Race. Nauar to reigne in Castel, and so indured for syuehundred yeares vntil the yeare of Christ 1540. whē the house of Austria entred to reigne ther, by mariage of the daughter and heyre of Garibay lib 20. c. [...] Don Ferdinando surnamed the Catholique, and this was the fourth race of Spanish kings after the Romans, which endureth vntil this day. 4. [...]

[Page 150]And albeit in al thes foure races and ranckes Examples of the first race. of royal discents, diuers exāples might be allea­ged for manifest proofe of my purpose: yet wil I not deale whith the first race, for that it is eui­dent by the councels of Toledo before alleaged (which were holden in that very time) that in those dayes expresse election, was ioyned with succession, as by the deposition of king Suintila and putting back of al his children: as also by the election & approbation of king Sisinando that was further of by succession, hath bin in­sinuated before, & in the fyft councel of that age in Toledo, it is decreed expresly in these wordes: Si quis talia meditatus fuerit (talking of pretending to be king) quem nec electio omnium Concil. Tol. 3. c. 3. perficit, nec Gothicae gentis nobilitas ad hunc honoris apicem trahit: sit consortio Catholicorum priuatus, & diuino anathemate condemnatus. ‘If any man shal imagin (said thes fathers) or go about to aspire to the kingdome, whom the election & choise of al the [...], doth not make perfect, not the nobility of the Gotish nation, doth draw to the height of this dignity: let him be de­priued of al Catholique society, and damned by the curse of almighty God, by which woords is insinuated, that not only the nobility of Go­tish blood, or neernes by succession was requi­red for the making of ther king, but much more the choise or admission of al the real­me, wherin this councel putteth the perfection of his title.’

The like determinatiō was made in an other [Page 151] councel at the same place, before this that I haue alleaged, & the vvordes are these. Nullus Conc. tol. 4. cap. 74. apud nos presumptione regnum arripiat, sed defuncto in pace principe, optimates gentis cum sacerdotibus suc­cessorem regni communi concilio constituant. Which in Inglish is thus, let no man with vs snatche the kingdome by presumption, but the former Prince being dead in peace, let the nobility of the nation, together with the Priests and clear­gie, appoint the successor of the kingdome, by common councel, which is, as much to say as if he had said, let no man enter vppon the king­dome by presumption of succession alone, but let the Lords temporal and spiritual, by com­mon voice, see vvhat is best for the vveal pu­blique.

Now then, according to thes ancient de­crees, albeit in the second race of Don Pelayo, the Examples of the 2. race. law of succession by propinquity of blood, was renewed, and much more established then be­fore, as the ancient bishop of Tuys and Molina, Episcop. Tuyens l. 1. histoin. Ludou. de Molin. li. de hared. and other spanish vvriters do testifie: yet that the next in blood was oftentymes put back by the common wealth vppon iust causes, thes ex­amples following shal testifie, as breefly recoū ­ted as I can possibly.

Don Pelayo died in the yeare of our Lord 737. King Don Pelayo. and left a sonne named Don Fauila, who vvas king after his father, and reigned two yeares only. After whos death, none of his children were admited for king, thoughe he left diuers, as al writers do testifie. But as Don Lucas the [Page 152] Bishop of Tuy a very ancient author vvriteth, Aldefonsus Catholicus ab vniuer so populo Gothorum Ambros Mor 1. 13. cap. 6. 9. 10. eligitur, that is (as the chronicler Moralis doth translat in spanish) Don Alonso surnamed the Catholique, was chosen to be king by al voices of the Gotish nation. This Don Alonso was sonne in law to the former king Fauila, as Morales sayeth, for that he had his daughter Erneenesenda in mariage, & he was preferred before the kings owne sonnes, only for that they were yonge & vn-able to gouerne, as the said historiographer restifyeth. And how wel this fel out for the cō ­mon wealth and how excellent a king this Don Alonso proued, Morales sheweth at large, from the tenth chapter of his thirteenth booke vntil the 17. and Sebastianus Bishop of Salamança, Sebast. Epise- Sa­lam in hift. Hisp. that liued in the same tyme, writeth that of his valiant acts he was surnamed the great.

To this famons Don Alonso, succeded his sonne Don Fruela the first of that name, who was a K. Don Alonso y Dö frue­la. noble king for 10. yeares space, and had diuers excellent victories against the Moores, but af­terward declining to tyrannie, he became hate ful to his subiects, and for that he put to death wrongfully his owne brother Don Vimerano, a Prince of excellent partes and rarely beloued of the Spaniards, he was him selfe put downe, and Moral. li 13. cap. 17 An. 768. put to death by them in the yeare of Christ 768. And albeit this kyng left two goodly children behinde him, which were lawfully begotten vppō his Queene Dona Munia, the one of them a sonne called Don Alonso, & the other a [Page 153] daughter called Dona Ximea: yet for the hatred Many breaches of succes­sion. conceaued against ther father, neyther of them was admitted by the realme to succede him, but rather his cosen german, named Don Aurelio brothers sonne to Don Alonso the catholique, vvas Moral. e. 21. King Don Aurelio. preferred, and reigned peacably six yeares, and then dying without issue, for that the hatred of the spaniards, was not yet ended against the memory of king Fruela, they would not yet ad­mit any of his generation, but rather excluded them agayne the second tyme, and admitted a brother in law of his, named Don Silo, that was married to his sister Dona Adosinda daughter to King Don Sile. the fore said noble king catholique Alonso. So that here we see twise the right heyres of king Don Fruela for his euel gouerment were put back.

But Don Silo being dead without issue, as also King Don Alonso the chast. Don Aurelio was before him, and the Spaniards anger against king Fruela being now vvel ass­uaged, they admitted to the kingdone his fore said sonne, Don Alonso the yonger, surnamed afterward the chast, whom now twise before they had put back, as you haue seene, but now they admitted him, though hisreigne at the first endured very litle, for that a certayne bastard vncle of his, named Don Mauregato by help of Mor I 15. cap. 25. the moores put him out, and reigned by force 6. yeares, and in the end dying with out issue, the matter came in deliberation againe, whe­ther the king Don Alonso the chaste that yet li­ued, and had bin hidden in a monastary of [Page 154] Galitia, during the tyme of the tyrāt, should re­turne agayne to gouerne, or rather that his co­sen A strange delibera­tion. german Don vermudo sonne to his vncle, the Prince Vimerano (whom vve shewed before to haue byn slayne by this mans father king Frue­la) should be elected in his place. And the realme of Spayne determined the second, to vvit, that Don Vermudo though he vvere much further of, by propiuquity of blood, and vvith in ecclesiastical order also (for that he had bin made deacon) should be admitted, partly for that he vvas iudged for the more valiant and able Prince, then the other, vvho seemed to be made more acquainted now vvith the life of Great au­thoritie of comon vvealth. monkes, and religious men, then of a king, ha­uing first bin brought vp among them for 10. or 12. yeares space, vvhiles Don Aurelio and Don Silo reigned after the death of his father kinge Fruela, and secondly agayne other six yeares, du­ring the reigne of the tyrant Mauregato, for which cause, they estemed the other to be fitter, as also for the differēt memories of there tvvo fathers king Fruela and prince Vimerano, wherof the first vvas hateful, & the other most deare, as before hath bin declared, nether do any of the foure ancient Bishops historiographers of Spayne, to wit, that of Toledo, Besa, Salamanca or Ture, that liued al about those dayes & wrote the storie, reprehend this fact of the realme of spaine, or put any doubt whether it were lawful or no for the causes before recited.

Trew it is, that after three yeares reigne, this [Page 155] king Vermudo being weary of kingly life, and K. Alonso the chast reyneth the secōd tyme. feeling some scruple of conscience, that being deacon, he had forsaken the life ecclesiastical, and maryed (though by dispensation of the pope as Morales sayeth) and entangled himselfe vvith the affaires of a kingdome, he resigned Moral e. 28. & 29. An. 791. vvillingly the gouerment vnto his said Cosen, Don Alonso the chast, and himselfe liued after a priuate life for diuers yeares, but this Don Alonso vvho now the fourth tyme, had bin depriued of his succession, as you haue seene, deceaued the expectation of the spaniards, that accoūp­ted him a monke, for he proued the most valiāt and excellent king that euer that nation had, both for his vertue, valor, victories, against the moores, buylding of townes, castells, churches, Monasteries, and other such workes, of Chri­stianity, as Morales recounteth: and be reigned after this his last admission, one and fyftie yea­res, & had great frendship vvith king Charles the great of France, who liued in the same tyme with hym. And this man among other most noble exploites so tamed the Moores of his country, as during his dayes, he neuer paid Moral. li. 13. cap. 45 46. Anno 842. that cruel and horrible tribute which before & after was paide by the christians to the Moores, which was a hundred yong maidens and fiftie sonnes of Gētlemen, euery yeare to be brought A horible tribute. vp in the religiō of Mahomet, amōg those infidel tyrants. And finally this man after so much afflictiō came to be one of the most renoumed Princes of the world.

[Page 156]After this Don Alonso, vvho left no children, for that he would neuer marry, but liued al his life in chastitye, ther succeded to him by electiō, his nephew named Don Ramiro sonne to the for­mer said king Don Vermudo the deacon, that King Dō Ramiro. 1 by ele­ction. gaue this man the crowne, as you haue hard, of whose electiō morales writeth these woords. Muerto el Rey Don Alonso el casto, fue eligido por los Moral e. 51. [...] y grandes del reyno, el Rey Don Ramiro pri­mero deste nombre, hyio del Rey Don vermudo el dia­eono. That is, the king Don Alōso the chast being dead, ther vvas chosen king by the Prelates & nobility of the realme, Don Ramiro the first of this name, sonne of king Vermudo the deacon, who resigned his crowne to Don Alonso, and it is to be noted, that albeit this Don Ramiro vvas next in blood to the succession, after the death of his vncle Don Alonso without children, yet vvas he chosen by the states as here it is said in expresse vvordes.

Moreouer it is to be noted, that albeit this author Ambrosio Morales and other spanish wri­ters do say that in the tyme of this king Ramiro, the law of succession by propinquity in blood vvas so reuiued and strongly confirmed, that as the kingdome of Spayne was made as Maiorasgo The king­dom of Spayne a Maio­rasgo. as he termeth it, which is, an inheritance so intayled and tyed only to the next in blood, as ther is no possibility to alter the same, and that frō this tyme forward the king alwayes caused his eldest sonne to be named king or Prince, & so euer to be sworne, by the realme & nobilitie, [Page 157] yet shal vve find this ordinance and succession oftentymes to haue byn broken vppon seueral considerations, as this author himselfe in that very chapter, confesseth.

As for example, after foure discents from this man, vvhich were Don Ordonio the first, this mans sonne, and Don Alonso the third, Don Gar­zia and Don Ordonio the second, al fower kings by orderly succession, it happened that in the yeare K. Don Ordonio. An. 924. of christ 924. Don Ordonio the second, dying, left foure sonnes and one daughter lawfully begotten, and yet the state of spayne displaced them al, and gaue the kingdome to ther vncle Don Fruela second brother to there father Don Ordonio, and morales sayeth that ther appeareth Moral. 1. 16. cap. 1. An. 924. no other reason heerof, but only for that these sonnes of the king disceased vvere yong, and not so apt to gouerne vvel the realme as ther vncle was.

But after a yeares reigne, this king Fruelae dyed also, & left diuers children at mans estate, and then did the spaniards as much agaynst them, as they had done for him before, against the children of his elder brother. For they put them al by the crowne, & chose for their king, Don Alonso the fourth which vvas eldest sonne Don A­lonso 4. to Don Ordonio the second, before named, that had bin last king sauing one, and this man also (I meane Don Alonso the fourth) leauing after­ward his kingdome and betaking him selfe to a religious habit, offered to the commō wealth of spaine, his eldest sonne lawfully begotten [Page 158] named Dō Ordonio to be there king, but they re­fused him, and tooke his brother (I meane this kings brother) and vncle to the yong Prince, Don Ra­miro Mo­ral. lib. 19 cap. 20. An. 930. named Don Ramiro, who reigned 19. yeares, and vvas a most excellent king, and gayned Madrid from the Moores, though noted of crueltie, for imprisoning & pulling out the eyes afterward of this king Don Alonso the 4. and al his children and nephewes, for that he would haue left his habit, and returned to be king againe. But this fact, my author Morales excuseth, saying that it vvas requisire for peace and safty of the realme, so as heere you see two most manifest alteratiōs of lineal succession together by order of the common wealth.

Furthermore, after this noble king Dō Ramiro the second, succeded as heyre apparent to the crowne his elder sonne, Don Ordonio the third, Don Or­donio 3. An. 950. of this name, in the yeare of our Sauiour 950. but this succession indured no longer then vnto his owne death, which vvas after 7. yeares, for then albeit he left a sonne named el enfante Don Vermudo, yet he was not admitted, but rather his brother, Don Sancho the first of this name, sur­named el Gordo, vvho was vncle to the yong Don San­cho 1. Prince, and the reason of this alteration. Mora­les giueth in thes wordes: el succeder en el regno, al hermano, fue por la racon ordinaria de ser el Moral. l. 16. cap. 29 An. 950. enfante, Don Vermudo nīno y no bastante para el gouierno y difença de la terra. Which is, the cause why the kings brother and not his sonne suc­ceded in the crowne, vvas for the ordinary [Page 159] reason (so often before alleaged) for that the infant or yong Prince Vermudo, vvas a little child, and not sufficient for gouerment and de­fence of the countrey.

Truth it is, that after this Don Sancho had reigned, and his sonne and heyre named Don Ramiro the third, after him, for the space of 30. yeares in all, then was this youth Don Vermudo Mor. l. 17. c. 1. 2. 3. 4. (that is now put back) called by the realme to the succession of the crowne, and made kinge by the name of king Vermudo the second, vvho left after him Don Alonso, the 5. and he agayne his sonne Don Vermudo the third, who marying his sister Dona Sancha (that was his heire) vnto Don Fernando, first earle, & then king of Castile, (who was second sonne to Don Sancho Mayor king of Nauarr as before hath bin said) he ioy­ned by thes meanes the kingdomes of Leon and Castile together, which were seperat be­fore, The end of the race of Don Pe­layo. and so ended the line of Don Pelayo, first Christian king of Spaine, after the entrance of the Moores, which had endured now three hundreth yeares, and the blood of Nauarr en­tred as you see, and so continued therin vntil the entrance of those of Austria, as before hath bin said, which was almost 5. hundreth yeares together.

And thus much I thought good to note out Of the disceues follo­vving. of the stories of Spaine, for this first discent of the spanish kings, after the entrance of the Moores, nether meane I to passe much further, both for that it would be ouer long, as also for [Page 160] that myne author, Morales, who is the most di­ligent that hath writen the chronicles of that natiō, endeth heere his story with king Vermudo the third and last of the Gotish bloode.

Notwithstanding if I would go on further, ther would not vvant diuers euident examples Spanish examples in the se­cond dis­cent. also to the same purpose, which Stephen Garabay an other chonicler of Spaine, doth touch in the continuation of this story, vvherof for exam­ples sake only I wil name tvvo or three among the rest.

And first about the yeare of Christ 1201. ther [...]. 1201 was a mariage made by king Iohn of Inglād for Dona Blancha his neece, that is to say, the daugh­ter of his sister Dame Elinor, and of Don Alonso the 9. of that name king and Queene of spaine, which Blancha was to mary the Prince of Frāce, named Luys, sonne & heyre to king Phillip sur­named Augustus, which Luys was after-ward Carib. li. 11. cap. 12 & 37. king of France by the name of Luys the 8. & was father to Luys the 9. surnamed the saint.

This lady Blancha vvas neece as I haue said, vnto king Iohn and to king Richard, the first of Inglād, for that her mother lady Elenor, was ther sister, and daughter to king Henry the second, and king Iohn made this mariage, ther by to make peace with the French, and was content to giue for hir dowrey (for that he Lady Ele­nor an Inglish vvoman. Q. of Spayne. could not tel how to recouer them agayne) al those townes & countres which the said king Phillip had taken vppon the Inglish, by this kings euel gouerment in Normandie and [Page 161] Gasconie, and more ouer, promisse was made, that if the Prince Henry of spayne (that vvas the only brother to the said Lady Blāch) should dye without issue (as after he did) then this lady should succede in the crowne of Spaine also, but yet afterward the state of Spayne would not performe this, but rather admitted her yonger sister Dona Berenguela, maried to the Prince of Leon, and excluded both Blanch and her sonne the king S. Luys of France, agaynst the euident right of succession, and propinquity of Garib. l. 13. cap. 10 An 1207. blood, & the only reason they yealded hereof vvas not to admitt strangers to the crowne, as Garabay testifieth.

This hapned then, and I do note by the way, that this Dona Berenguela second daughter of Queene Elenor the Inglish woman, was married (as hath bin said) to the Prince of Leon, and had by him Don Fernando the third of that name, king of Castilia, surnamed also the saint, so as the two daughters of an Inglish Queene, had An In­glish Q­grād mo­ther to tvvo king saints at once. two kings saints for ther sonnes at one tyme, the elder of France and the yonger of Spayne.

After this againe, about threescore yeares the Prince of Spayne named Don Alonso, surnamed de la cerda, for that he was borne with a great An other brech of successiō. gristle heare on his brest called cerda in spanish, which Don Alonso, was nephew to the king Fernando the saint, & maried with the daughter of sainct Luys king of France, named also Blan­tha as her grand mother was, and had by her two sonnes called Alonso & Hernando de la cerda [Page 162] as the Prince their father was named, vvhich father of thers dying before the king, the grand father left them commended to the realme as lawful heyres apparent to the crowne, yet for that a certayne vncle of thers named Don Sancho yonger brother to their father which Do Sancho was surnamed afterward, el brauo for his valor and vvas a great warrier, and more like to ma­nage vvel the matters of warr then they: he was madde heyre apparent of Spayne and they put back in ther grand fathers tyme, and by his and the realmes consent, (ther father as I haue said being dead) and this was done in a general par­lament holden at Segouia, in the yeare 1276. and The Cer­das put bark from the crovvne 1276. after this, Don Sancho was made king in the yeare 1284. and the two Princes put into pri­sō, but afterward at the sure of there vncle king Phillip the third of France, they were let out agayne and endued with certayne landes, and so they remaine vnto this day, and of thes do come the Dukes of Medina Celi, and al the rest of the house of Cerda, which are of much no­bility in Spayne at this tyme, and king Phillip that reyneth cometh of Don Sancho the yonger brother.

Not long after this agayne, when Don Pedro surnamed the cruel king of Castile, was driuen out, and his bastard brother Henry the second set vp in his place, as before hath bin mētioned: the Duke of Lancaster Iohn of Gant, hauing Garabay l. 15. c. 1. an. 1363. maried Dona Constantia the said king peters daughter & heyre, pretended by succession the [Page 163] said crowne of Castile, as in deed it appertay­ned vnto him; but yet the state of spaine denied it flatly, and defended it by atmes, and they pre­uailed against Iohn of Gant, as dyd also the race Many al­terations of lineal discent. of Henry the bastard, against his lawful bro­ther, & the race of Don Sancho the vncle, against his lawful nephewes, as hath byn shewed, and that of Dona Berenguela against her elder sister, al which races do reigne vnto this day, & thes three changes of the trew lyue, happened with in two ages, and in the third and principal dis­cent of the Spanish kings, when this matter of succession was most assuredly and perfectly established, and yet who wil deny but that the kings of Spayne who hold by the later titles at this day, be true and lawful kings.

Well, one example wil I giue you more out of the kyngdom of Portugal, and so wil I make an ende with thes countreyes. This kinge Henry the bastard last named king of Spayne, had a sonne that succeded him in the crowne of Spayne, named Iohn the first, who married the daughter and heyre named Dona Beatrix, of king Fernando the first of Portugal, but yet after the death of the said King Fernando, the states of Portugal would neuer agree to admit him for ther king, for not subiecting themselues by that meanes to the Castilians, and for that cause they rather tooke for ther king, a bastard Dō Iohn the first a bastard made king of Portugal. brother of the said late king Don Fernando, whos name was Don Iuan, a youth of 20. yeares old who had bin master of a militare order in [Page 164] Portugal named de Auis, and so they excluded Garib. l. 15 cap 22. & li. 34. c. 39. Dona Beatrix Queene of Castile that was their lawful heyre, aud chose this yong man, and ma­ried him afterwards to the lady Phillippe daughter of Iohn of Gant Duke of Lancaster, by his first wife blanch, Duchesse and heyre of Lācaster, in whose right the kings of Portugal and ther discendents do pretend vnto this day a cerrayne interest to the house of Lancaster, which I leaue to our tēporal lawyer, to discusse but heereby we see what an ordinary matter it hath bin in Spayne and Portugal, to alter the lyne of next succession, vppon any reasona­ble consideration, which they imagined to be for ther weal publique, and the like we shal finde in France & Ingland, which euen now I wil begin to treat of.

DIVERS OTHER EX­AM'PLES OVT OF THE STATES OF FRANCE AND INGLAND, FOR proofe that the next in blood are some tymes put backe from succession, and how God had approued the same with good successe.
CAP. VIII.

AS concerning the state of France, I haue Of the state of france. noted before, that albeit since the entrāce of ther first king Pharamond, with his Frankes, out of Germanie, which vvas about the yeare [Page 165] of Christ 419. they haue neuer had any strāger An. 419. come to were there crowne, which they attri­bute to the benefit of there law Salike, that for biddeth women to reigne, yet among themsel­ues haue they changed twyse there whole race and linage of kings, once in the entrance of king Pepin, that put out the lyne of Phara­mond, about the yeare 751. and agayne in the An. 751. promotion of kinge Hugo Capetus. that put out the lyne of Pepin, in the yeare 988 so as they An. 988. haue had three discents and races of kings, as wel as the spaniards, the first of Pharamond, the 2. of Pepin, and the 3. of Capetus, which indureth vnto this present, if it be not altered now by the exclusion that diuers pretend to make of the king of Nauarr, and other Princes of the blood royal of the howse of Burbon.

Wherfore as I did before in the spaniards, so I wil heere let passe the first ranke of al of the french kings, for that some men may say per­haps, that the common wealth and law of Examples of the 2. rancke of French Kings. succession, was not so wel setled in those dayes, as it hath bin afterward, in tyme of kinge Pe­pin Charles the great and ther discendantes, as also for that it were in very deede ouer te­dious to examine and pervse al three rankes of kings in France, as you wil say when you shal see what store I haue to alleage, out of the se­cond ranck only, which began vvith the ex­clusion and deposition of their lawful King Childerike the third, and election of king Pepin, as before you haue heard at large de­clared [Page 166] in the third chapter of this discourse, & it shal not be need ful to repeate the same agayne in this place.

Pepin then surnamed, le brefe, or the litle, for his smale stature (though he vvere a gyant in deeds) being made king of France, by mere King Pe­pin by election An. 751. election, in the yeare of Christ 751. after 22. kings that had reigned of the first lyne of Pha­ramond for the space of more then three hun­dreth yeares, and being so famous and worthy a king as al the world knoweth, reigned 18. yeares, & then left his states and kingdomes by succession vnto his eldest sonne Charles surna­med afterward the great, for his famous and heroical acts. And albeit the vvhole kingdome of France appertayned vnto him alone, by the law of succession, as hath bin said, his father K. Char­les by election. being king and he his eldest sonne: yet would the realme of France shew ther authority in his admission, which Girard setteth downe in thes vvords, Estant Pepin decedé, les Francois esleu­rent Girard du Haillan l. 3. an. 768. Rois, Charles & Carlomon, ses fils, ala charge, qu'ils partageroient entre eux, egalement, le royaume. Which is, king Pipin being deade, the french men chose for ther kings his two sonnes, Charles and Carlomon, with condition, that they should part equally betwene them, the realme. Wherin is to be noted, not only the election of the common wealth, besides suc­cession, but also the heauie condition laid vp­pon the heyre to part halfe of his kingdome vvith his yonger brother, and the very same [Page 167] woords hath Eginard an ancient French writer, Eginard Belfor. li, 2. cap. 5. in the life of this Charles the great, to wit, that the French state in a publique assembly, did chose two Princes to be their kings, with expresse condition to de­uide the realme equally, as Francis Belforest citeth his wordes, which two French authors (I meane Girard and Belforest) I shal vse principally here­after in the rest of my citations.

After three yeares, that these two bretherē had reigned together, king Carlomon the yonger died, and left many sonnes, the elder wherof The vncle preferred before the ne­phevv. vvas named Adalgise, but Belforest sayeth, that the Lords ecclesiastical & temporal of France swore fidelitie and obedience to Charles, without any respect or regard at al of the children of Carlomon who yet by right of succession, should haue bin preferred, & Pau­lus Emilius a latine writer, saith, proceres regni ad Carolum vltro venientes, regem eum totius Galliae salu­tarunt: Paul. mili hist. Franc. that is, the nobility of the realme com­ming of ther owne accord, vnto charles saluted him king of al France, wherby is shewed, that this exclusion of the children of Carlomon, was not by force or tiranny, but by free delibe­ration of the realme.

After Charles the great, reigned by successiō King Luys de bonnaire. An. 814. his only sonue, Luys the first, surnamed de bon­naire of his curtesye, vvho entring to reigne in the yeare 817. vvith great applause of al men, for the excedinge grateful memory of his fa­ther, vvas yet afterward at the poursuite princi­pally of his owne three sonnes, by his first wife; Girard l. 5 An. 834. (which were Lothair, pepin, and Luys) deposed; [Page 168] first in a councel at Lions, and then agayne at Compeigne, and put into a monastery, though afterward he came to reigne agayne, and his An. 840 fourth sonne by his secōd vvife, (vvhich sonne vvas named Gharles le chauue, for that he vvas bald) succeded him, in the states of France, though after many battels against his eldest brother Lothaire, to whom by succession the same appertayned.

After Charles the balde, succeded Luys the second, surnamed le begue, for his stuttering, who was not eldest, but third sonne, vnto his father, for the second dyed before his father, An. 878. & the eldest vvas put by his succession, for his euel demeanure, this Luys also vvas like to haue bin depriued by the states at his first entrāce, for the hatred conceaued against his father Char­les Baudin en la Chroni que, pag. 119. the bald, but that he calling a solemne par­lament at Compeigne, as Girard saith, he made the people, cleargie, and nobilitie many faire Girard l. 1 An. 879. promises, to haue their good vvilles. This Luys the stuttering, left two bastard sonnes, by a cō ­cubine, Tvvo ba­stards pre ferred. vvho vvere called Luys and Carlomō, as also he left a litle infant, newly borne of his lawful vvife, Adeltrude daughter to king Alfred of Ingland, vvhich infant vvas king of France aftervvard, by the name of Charles the simple, albeit not immediatly after the death of his fa­ther, for that the nobles of Frāce said, that they had need of a man to be king, & not a childe, as Girard reporteth, & therfore the vvhole state of France, chose for their kinges the tvvo [Page 169] foresaid bastards, Luys the third, and Carlomon the first of that name, ioyntly and they vvere crowned most solemnly & deuided the vvhole realme betwene them, in the yeare of Christ An. 881. 881. and Queen Adeltrude vvith her childe true heyre of France, fled into Ingland to her father, and ther brought him vp for diuers yeares, in which tyme she saw foure or fiue kinges reigne in his place in France, one after the other, for breflv thus it passed.

Of thes tvvo bastard kings the elder named Luys reigned but foure yeares, & died without issue, the second that is Carlomon liued but one yeare after him, and left a sonne called also Luys, vvhich succeded in the kingdome by the name of Luys the fift, and surnamed Faineant Luys fai­neant K. of France An. 886. for his idle and slouth ful life. For which as also for his vitious behaueour, and in particuler for taking out and marying a Nōne of the Abbey of S. Baudour at Chells, by Partis, he vvas depri­ued and made a monke in the Abbey of S. De­nys, vvher he died, and in his place vvas chosen king of France, and crowned vvith great so­lemnitie, Gharles the 4. Emperor of Rome sur­named le gros, for that he vvas fat and corpulēt, Charles 4 le Gros. King of France. he vvas nephew to Charles the bald, before mentioned, and therfore the French stories say, that he came to the crowne of France partly by Girard. li. 5. An. 888 succession, and partly by election, but for suc­cession, vve see that it vvas nothing worth, for so muche as Charles the simple the right heyre, was a liue in Ingland, vvhom it semeth that [Page 170] the french men had quite forgotten, seing that now they had not only excluded him three ty­mes already, as you haue hard, but afterwards also againe, when this grosse Charles was for his euel gouermēt, by them deposed and depriued, not only of the kingdome of France but also of his Empire, vvhich he had before he was kinge, & was brought into such miserable pe­nurie, as diuers write, that he perished for wāt. At this tyme I saye the states of France vvould not yet admitt Charles the simple (though hi­ther to his simplicity did not appeare, but he seemed a goodly Prince) but rather they chose for king one Odo Earle of Paris and Duke of Angiers, and caused him to be crowned. Odo a king and after Du­ke of vvhom came Hugo Ca­petus.

But yet after a few yeares, being vveary of this mans gouerment, and moued also some what with compassion towards the youth that vvas in Ingland, they resolued to depose Odo, and so they did vvhiles he vvas absent in Gascony, and called Charles the simple out of Ingland, to Paris, and restored him to the king­dome of France, leauing only to Odo for re­compence, the state of Aquitaine, with title of a Duke: wherwith in fine, he contented him­selfe, seing that he could get no more. But yet his posterity by vertue of this election, preten­ded euer after a title to the crowne of France, and neuer left it of, vntil at length by Hugo Ca­petus they gat it, for Hugh descended of this king and Duke Odo.

This king Charles then surnamed the sim­ple, [Page 171] an Inglish vvomans sonne, as you haue hard, being thus admitted to the crowne of France, he toke to vvife an Inglish vvoman, named Elgina or Ogin, daughter of king Edward the elder, by whom he had a sonne named Le­wys, and himselfe being a simple man, as hath bin saide, vvas allured to go to the castle, of pe­ronne in Picardie, vvher he vvas made ptisoner, and forced to resigne his kingdome vnto Rafe Rafe 1. King of France. An. 927. king of Burgundye, and soone after he dyed through misery in the same castle, and his Queene Ogin fled into Ingland vvith her litle sonne Luys vnto her vncle kinge Adelstan, as Queene Adeltrude had done before vvith her sonne vnto king Alfred, and one of the chiefe in this action for putting downe of the simple, vvas Counte Hugh surnamed the great. Earle of Paris, father vnto Hugo Capetus vvhich after vvas king.

But this new king Rafe, liued but three yea­res after, and then the states of France conside­ring the right title of Luys the lawful child of king Charles the simple, vvhich Luys was cō ­monly called now in France by the name of d'Outremer, that is be-yond the sea, for that he had bin brought vp in Ingland: the said states being also greatly and continually sollicited heerunto by the Embassadors of king Adelstan of Ingland, and by William Duke of Norman­die, surnamed long speer, great grand father to An. 929: William the conqueror, who by the king of Ingland vvas gayned also to be of the yong [Page 172] princes part: for these considerations (I say) they resolued to cal him into France out of Ingland, as his father had bin before him, and to admitt and crowne him king, and so they did, and he reigned 27. yeares and vvas a good Prince, & died peaceablie in his bedd the yeare of Christ, 945.

This king Luys d'Outremer left tvvo sonnes behind him, the eldest vvas called Lothaire the Luys 4. d'Outre­mer. first, who succeded him in the crowne of Frāce, and the second vvas named Charles vvhom he made Duke of Lorayne. Lothaire dying left one only sonne named Luys as his grand father The true geyre of France excluded. vvas vvho was king of France, by the name of Luys the 5. and dying vvithout issue after tvvo yeares that he had reygned, the crowne vvas to haue gone by lyneal succession vnto his vncle Charles the duke of Lorayne, secōnd sonne to Luys d'Outremer, as is euident, but the states of France did put him by it for mislike they had of his person, and did chose Hugo Capetus Earle of Paris, and so ended the second lyne of Pepin and of Charles the great, and entred the race of Hugo Capetus, vvhich endurcth vntil this day, and the French stories do say, that this surname Hugh Ca­pet other­vvise Snatch cappe 988 Capet, vvas giuen to him vvhen he vvas a boy for that he vvas wont to snatch avvay his fel­lovves cappes from their heades, vvherof he vvas termed Snatch cappe, vvhich some do in­terprete to be an abodement that he should snatch also a crowne from the true owners head in tyme, as aftervvard vve see it fel out, [Page 173] though yet he had it by election and approba­tion of the common vvealth as I haue said.

And in this respect al the french chroniclers who otherwise are most earnest defenders of ther law of succession, do iustifie t [...]is title of Hugo Capetus against Charles, for vvhich cause Frances Belforest doth alleadge the saying of William Nangis, an ancient and diligent Belfor. li. 3. cap 1. An. 988. chronicler of the Abby of S. Denys in France, vvho defendeth king Capetus in these vvords. VVe may not graunt in any case that Hugh Capet may Defence of Hugh Capetus title.be estemed an inuador or vsurper of the crowne of France, seing the Lordes Prelates princes and gouernors of the realme did cal him to this dignitie, and chose him for their king and Soueraine Lord, thus much Nangis: vppon vvhich wordes Belforest saieth as followeth, ‘I haue layd before you the vvordes and censure of this good religious man for that they seeme to me to touch the quick, for in very truth we cannot by any other meanes defend the title of Hugh Capet from Vsurpation and fellonie, then to iustifie his comming to the crowne by the consent and wil of the com­mon wealth, and in this I may wel excuse me from inconstancie and contradiction to my selfe, that haue so earnestly defended succession before, for he that wil consider how and vvith vvhat conditions I defended that, shal easely see also that I am not heere contrary to the same,’ thus much Belforest.

I Thinke it not a misse also to put downe heer some part of the oration or speech vvhich [Page 174] the Embassador that vvas sent at that tyme, The em­bassage of the states of France vnto Char les of Lo­raine. from the state of France vnto Charles of Lorai­ne, after their election of Hugh Capet, and Char­les exclusion, did vse vnto him in ther names, which spech Girard doth recount in these wor­des.

‘Euery man knoweth (Lord Charles) that the succession of the crowne and realme of Girard 1. 6 an. 988. France according to the ordinary Lawes and rights of the same, belongeth vnto you, and not vnto Hugh Capet now our king, but yet the very same lawes vvhich do giue vnto you this right of succession, do iudge you also vnworthy of the same, for that you haue not endeuored hitherto to frame your life and manners accor­ding to the prescript of those lawes, nor accor­ding to the vse & custome of your coumtrey of France, but rather haue allyed your selfe vvith the German nation, our old enimies, and haue acquainted your selfe vvith their vile and base manners. Wherfore seing you haue forsaken & abandoned the ancient vertue sweetnes and amitie of the french, vve haue also abandoned and left you, and haue chosen Hugh Capet for our king, and haue put you back, and this without any scruple or preiudice of our con­sciences at al, esteeming it far better and more iust to liue vnder Hugh Capet the present po­sessor of the crowne, with enioying the ancient vse of our lawes, customes, priuileges and liber­ties, then vnder you the inheritor by neernes of bloode, in oppression, strange customes, and [Page 175] cruelty For euen as those which are to make a Note this compari­son. voyage in a ship vppon a dangerous sea, do not so much respect, vvhether the pilot which is to guyd the sterne, be owner of the ship or no, but rather whether he be skilful, valiant, and like to bring them in safety to ther wayes end, or to drowne them among the waues: euen so our principal care is, that we haue a good Prince to leade and guyd vs happely in this way of ciuil and politique life, vvhich is the end why princes were appointed, for that this man is fit­ter to be our king.’

This message did the states of France send to Charles of Lorayne in defence of their doings, and with this he lost his succession for euer, and afterwards his life also in prison, and the French men thought themselues secure in conscience as you see, for doing the same, which God hath also since seemed to confirme, with the succes­sion and happy successe of so many noble and most christian kings as haue issued out of this line of Hugo Capetus vnto this day.

And this spoken now of the second lyne of France, I take to be sufficient for proofe Examples out of the third tyme of France. of our purpose, without going any further, for that if we do but number these kings al­redy named that haue reigned in this second race, from king Pepin downwards vnto Hugh Capet, (vvhich are about 17. or 18. kings in 238. yeares) vve shal finde that not some few, but the most part of them did both enter and enioy ther crownes and dignities contrary to the law [Page 176] of lyneal discent, and of next succession by blood. Wherof also ther would not vvant diuers examples in the third and last discent, since Hugo Capetus tyme, if we would passe further to examine the stories ther-of. For not to go fur­ther downe then to the very next discent after Hugh which vvas king Robert his sonne, Gi­rard Girard li. 6. an. 1032 affirmeth in his story, that of his two son­nes which he had named Robert and Henry, Robert the elder vvas put back, and his yonger brother Henry made king of France, & reyned many yeares by the name of Henry the first, & K. Henry [...]. prefer­red befo­re his el­der bro­ther. this he sayeth happened partly for that Robert vvas but a simple man in respect of Henry, and partly also for that Henry was greatly fauored and assisted in this pretence, by Duke Robert of Normandy father to our William the conque­ror, VVilliam conque­ror hovv he came to be duke of Norman­die. and in recompence hereof, this king Henry afterward assisted the said Williā bastard sonne to Robert for the attayning of the Dukdome of Normandie, after the death of the said Duke Robert his father, notwithstanding that Duke Robert had two lawful brothers a liue at that tyme, whose names were Manger Archbishop of Girard 1. 6. Anno 1032. & 1037. Roan, and William Earle of Argues, in Nor­mandie, who pretended by succession to be preferred But the states of Normandie at the request of Duke Robert, vvhen he went to the holy land (in which iorney he died) as also for auoyding of dissention and warres that other wise might insue, were content to exclude the vncles and admitt the bastard sonne, who vvas [Page 177] also assisted by the forces of the king of France as hath bin said, so as no scruple it seemed ther vvas in those dayes, ether to prefer king Henry to the crowne of France before his elder bro­ther, or Duke William the bastard sonne to the Duchie of Normandy before his lawful vncles vppon such dow considerations, as those states may be presumed to haue had for their doings.

I read also, that some yeares after, to vvit in Sonnes excluded for the fathers offences. the yeare 1110. when Phillip the first of France sonne and heyre to this king Henry of whose solemne coronation you haue hard before in the senēth chapter, was deceased, the people of France were so offended vvith his euel life and gouerment, as diuers vvere of opinion to dis­inherite Girard. lib. 7. An. 1110. his sonne Lewis the sixt, surnamed le Gros, for his sake, and so vvas he like to haue bin indeede, as may appeare by the chronicleBelfor. l. 4 c. 1. &. l. 5 of France, if some of his partie had not caused him to be crowned in hast, and out of order, in Orleans, for preuenting the matter.

The like doth Phillip Cominaeus in his story Cōmzus in comen tar. l. 1. in vita Lu­douic. 11. of king Luys the eleuenth declare, how that the state of France had once determyned, to haue disinherited his sonne Charles, named after the eight, and to put him back from his succession for their hatred to his father, if the said father had not died vvhile the other vvas very yong, as I noted before also, that it happe­ned in king Henry the third of Ingland, vvho vvas once condemned by the Barons to be disinherited, for the fault of king Iohn his [Page 178] father, and Lewys the princo of France chosen in his place, but that the death of king Iohn did alter that course intended by the Inglish nobilitie, so as this matter is nether new not vnacustomed in al foraine countryes, and now wil I passe also a little to our Inglish stories, to see whether the like may be found in them or no.

And first of al that the realme of Inglād hath had as great varietie, changes, and diuersitie, in Examples of the realme of Ingland. the races of their kinges, as any one realme in the world, it semeth euident, for that first of al, after the Britaines, it had Romans for their go­uernours for many yeares, and then of them & their roman blood they had kings agayne of ther owne, as appereth by that valiant king Aurelius Ambrosius. Who resisted so manfully and prudently the saxons, for a tyme, after this they Diuers races of Inglish Kinges. had kings of the saxon & Inglish blood, and after them of the Danes, and then of the Nor­manes, & after them agayne of the Frēch, & last of al, it semeth to haue returned to the Britains agayne, in king Henry the 7. for that his father came of that race, and now you know ther be pretendors of diuers nations, I meane both of Scottish, Spanish, and Italian blood, so that Inglād is like to participate with al their neybours round about them, & I for my part do feele my selfe much of the French opinion before allea­ged, that so the ship be wel & happely guyded, I esteeme it not much important of what race or natiō the pilote be, but now to our purpose.

[Page 179]I meane to passe ouer the first and ancient rancks of kings, as vvel of the British & Romā, as also of the Saxon races, vntil king Egbert the Thena­me of Ingland and In­glish. first of this name, king of the west Saxons, and almost of al the rest of Ingland bisides, vvho therfore is said to be properly the first monarch of the Saxon blood, and he that first of al, com­maunded that realme to be called Ingland, which euer since hath bin obserued.

This man Egbert being a yong gentleman King Egbert the first monarch of Inglād. of a noble house in the west parts of Ingland, was had in ielosie by his king Britricus (vvho vvas the 16. Kinge from Cerdicius, first king of the vvest Saxons, as he was also the last of his blood. And for that he sus­pected, that this Egbert, for his great prowesse, might come in tyme to be chosen king, he banished him into France, vvher he liued diuers yeares, and vvas a captayne vnder the famous king Pepin that vvas father to Char­les the great, and hearing aftervvards that king Britricus vvas dead, he returned into In­gland vvher Polidor sayeth, omnium consensu Polidor hist. aug. li. 4. in fi­ne. rex creatur: that he was created or chosen king, by consent and voyce of al men, though yet he vvere not next by propinquity of blood royal, as is most euident, and yet he proued the most excellent king that euer the saxons had before or perhapps after, and his election happened in the yeare of Christ 8. hundreth and tvvo, vvhen King Pepin the first of An. soz. that race, reigned (as hath bin said) in france, [...] [Page 178] [...] [Page 179] [Page 180] so as this monarchy of Egbert and that of Pe­pin (wherof we haue alleaged so many exam­ples King Pe­pin of France. in the former chapter, began as it vvere together, and both of them (I meane both Pe­pin and Egbert) came to their crownes by ele­ction of the people as heere you see.

This king Egbert or Egbrich as others do write him, left a lawful sonne behind him na­med king Adel vvolfe. An. 829. Elthel wolfe or Adeluulfe, or Edolph, (for al is one) vvho succeded him in the kingdome, and was as worthy a man as his father, and this A­deluulfe agayne, had foure lawful sonnes, vvho al in their turnes succeded by iust and lawful order in the crowne, to wit Ethelbald, Ethelbert, Ethelred, and Alfred, for that none of the former three had any children, and al the later three were most excellent princes, especially Alfred or Alured, the last of al foure, whose acts are won­derful, and who among other his reuoumed King Al­fred. 872. gestes, draue Rollo that famous captaine of the danes from the borders of Ingland, with al his company into France, wher he gat the coun­trey or prouince named then Neustria, & novv Normandie, and was the first Duke of that pro­uince and nation, and from whom our William Conqueror came afterwards in the sixth dis­cent. This man erected also the vniuersitie of Oxford, being very learned himselfe, buylded diuers goodly monasteries and churches, and dying left as famous a sonne behynde him, as King Edvvard elder. An. 900. himself, which was Edward the first surnamed the senior or elder.

[Page 181]This king Edward dying left two sonnes, lawfully begotten of his wife, Edgina, the one named Prince Edmund, and the other Eldred, & a third illegitimate whose name vvas Adelstan, whom he had by a concubine. But yet for that this man vvas estemed to be of more valor then the other, he was preferred to the crowne, King Ale­ston the Bastard [...]. An. 924. before the two other Princes legittimate, for so restifieth Polidor in thes wordes, Adelstanus ex concubina Edwardi films, rex a populo consalutatur atque ad king stonum opidum more maiorum ab Athel­mo Polid. 1. 5. hist. Angl. Cautuariensi Archiepiscopo coronatur, vvhich is, Adelstan the sonne of king Edward by a concu­bine, vvas made king by the people, and vvas crowned according to the old custome, by Athelme Archbishop of Caterbury at the towne of kingston. Thus far polidor, and Stow addeth further thes words: His coronation was celebrated in the market place, vppon a stage, erected on high Stovv pag. 130. An. 924. that the king might better be seene of the multitude, he was a Prince of worthy memorie, valiant and wife, in al his acts. & brought this land into one perfect mo­narchie, for he expelled vtterly the danes, and quieted the welchme. Thus much Stow, of the successe of chusing this king bastard to reigne. To whose acts might be added that he conquered Scot­land and brought Constantine their king to do him homage, and restored Luys d'Outremer, his sisters sonne to the kingdome of France, as be­fore hath bin signified.

This man dying without issue, his lawful brother Edmond, put back before, was admitted King Ed­mond. r. An. 940. [Page 182] to the crowne, who being of excellent expecta­tion, died after 6. yeares, and left two lawful sonnes, but yet for that they were yonge, they The vncle preferred before the ne­phevvs 946. Polid. 1. 6. were both put back by the realme, and their vncle Eldred was preferred before them, so faith Polidor, Genuit Edmondus ex Egilda vxore Fduinum & Edgarum, qui cum etate pueri essent, post Eldredum deinde regnarunt. King Edmond begat of his wife Egilda two sonnes named Edwin and Edgar, who for that they were but children in yeares, were put back, and reigned afterward after ther vncle Eldred. The like saith Stow and yeal­deth the same reason in thes wordes. Eldred succeded Edmōd his brother for that his sonnes Edwin, Stovv in his chro­nicles. and Edgar, were thought to yong to take so great a charge vppon them.

This Eldred though he entred as you see against the right of the nephewes, yet saith Po­lidor and Stow, that he had al mens good will, and was crowned as his brother had bin, at kingston, by Odo Archbishop of Canterbury, and reigned 9. yeares with great good wil and praise of al men. He dyed at last without issue, and so his elder nephew Edwin vvas admitted to the crowne, but yet after foure yeares he was deposed agayne, for his leude and vitious life, and his yonger brother Edgar admitted in his place in the yeare of Christ 959.

This king Edgar that entred by deposition of his brother, vvas one of the rarest princes, that Edgar a famous king. the world had in his tyme, both for peace and vvar, iustice, pietye, and valor. Stow sayeth he [Page 183] kept a nauie of three thousand and 6. hundreth shippes, distributed in diuers partes for defence of the realme. Also that he buylt and restored 47. monasteries at his owne charges, and did other many such acts: he vvas father to king Edward the martir, & grand father to king Edward the confessor, though by two different wiues, for by his first wife named Egilfred he had Edward after martirized, and by his secōd King Edvvard Martiri­zed. vvife Alfred he had Etheldred father to Edvvard the confessor, & to the end that Etheldred myght raigne, his mother Alfred caused King Edward the sonue of Egilfred to be stayne after king Edgar her husband was dead.

After this so shameful murther of king K. Ethel­dred 978. Edward, many good men of the realme, vvere of opinion, not to admit the succession of Ethel­dred his half brother, both in respect of the murther, of king Edward his elder brother, cō ­mitted for his sake, as also for that he semed a man not fir to gouerne, and of this opinion among others, vvas the holy man Dunston arch­bishop of Canterbury, as Polidor sayeth, who Polid. 1. 7. hist. Ang. at length in flat words denyed to consecrate him, but seing the most part of the realme, bent on Etheldreds side, he foretould them, that it would repent them after, and that in this mās life the realme should be destroyed as in deede it vvas, and he rann away to Normandy, and left Sweno and his danes in possession of the realme, though afterward Sweno being dead, he returned agayne and dyed in London.

[Page 184]This Etheldred had two wiues, the first Ethel­gina an Inglish womā, by whom he had prince Edmund surnamed Ironside, for his great K. Edmēd [...]. strength and valor, vvho suceeded his father in the crowne of Ingland, for a yeare, and at his death left two sonnes which after shalbe na­med, and besides this, Etheldred had by his first wife other two sonnes Edwin and Adelston, and one daughter named Edgina, al which were ether slayne by the danes, or dyed without issue.

The secōd wife of Etheldred was called Emma, sister to Richard Duke of Normandie, vvho Quere Emma mother to King Edward the [...]. was grand father to William the conqueror, to witt, father to Duke Robert, that was father to VVilliam, so as Emma vvas great aunt to this VVilliam, and she bare vnto king Etheldred two sonnes, the first Edward, who was after­ward named king Edward the Confessor, and Alerud who was slayne traiterously by the Earle of kent, as presently we shal shew.

After the death also of king Etheldred, Queene Fmma was maried to the Dane king Canutus the first of that name, surnamed the great, that was king of Ingland after Etheldred, & Edmond Ironside his sonne, and to him she bare a sonne named Hardicanutus, vvho reigned also in In­gland, before king Edvvard the Confessor.

New then to come to our purpose, he that wil consider the passing of the crowne of In­gland, Many breches of lineal succestiō. from the death of Edmonde Ironside, elder sonne of king Eltheldred, vntil the pos­session therof gotten by VVilliam Duke of [Page 185] Normandie, to wit for the space of 50. yeares, shal easely see what authority the common wealth hath in such affaires, to alter titles of succession, according as publique necessity or vtility shal require, for thus briefly the matter passed.

King Eltheldred seing himselfe to vveake for Sweno the king of Danes, that vvas entred the land, fled with his wife Emma and her two children Edward and Alerud, vnto her brother Duke Richard of Normandie, & ther remay­ned vntil the death of Sweno, and he being dead, Etheldred returned into Ingland, made a certayne agrement and diuision of the realme, betweene him & Canutus the sonne of Sweno, and so dyed, leauing his eldest sonne Edmond Ironside, to succed him, who soone after dying also, left the whole realme to the said Canutus, and that by playne couenant as Canutus pre­tended, that the longest liuer should haue al: wheruppon the said Canutus tooke the tvvo children of king Edmond Ironside named Edmond and Edward, and sent them ouer into Sweuelād (which at that tyme vvas subiect also Sonnes of King Edmond Ironside. vnto him) and caused them to be brought vp honorably, of vvhich two, the elder named Edmond dyed without issue, but Edward vvas maried and had diuers children as after shalbe touched.

Etheldred and his sonne Edmond being King Ca­nutus the first [...]. dead, Canutus the Dane was admitted for king of England by the vvhole parlament & consent [...] [Page 188] side, as hath bin said, and this the third breache of lineal discent.

But this notwithstanding, Alerud being slayne, King Edvvard the con­fessor made K. against right of successiō. prince Edward was made king, tanta publica lae­titia (saith Polidor) vt certatim pro eius faelici prin­cipatu, cuncti vota facercnt. That is, he vvas made king vvith such vniuersal ioy and contentment of al men, as euery man contended, who should pray and make most vowes to God for his hap­pie reygne, and according to this was the suc­cesse, for he vvas a most excellent prince, and almost miraculously he reygned with great peace and void of al war at home and a broad, for the space of almost 20. yeares after so infinit broyles as had bin before him, and insued after hym, and yet his title by succession can not be iustified, as you see, for that his eldest brothers sonne was the aliue, to wit prince Edward sur­named the outlaw, vvho in this kinges reygne came into Ingland and brought his vvife and Prince Edvvard the out lavv and his chil­dren put back. three lawful children with him, to wit Edgar, Margaret, & Christian, but yet vvas not this good king Edward so scrupulous, as to giue ouer his kingdome to any of them, or to doubt of the right of his owne title, vvhich he had by ele­ction of the common wealth, against the order of succession.

This king Edward being dead without issue, Polidor saith that the states made a great con­sultation, whom they should make king, and first of al it semeth they excluded him, that was only next by propinquity in blood, vvhich vvas [Page 189] Edgar Adelin, fonne to the said prince Edward the outlaw now departed, and nephew to king Edmond Ironside, and the reason of this exclusion is alleaged by Polidor in thes vvordes, is puet id aetatis nondum regno gubernando maturus Polyd l 8. erat: That is, he bing a child of so smale yeares, vvas not ripe enough to gouerne the king­dome, Harald second K. by ele­ction. 1066. and then he saith that Harald. sonne of Earle Goodwin, by the daughter of Canutus, the first, proclaymed himselfe king, and more ouer he addeth, Non displicait omnino id factum po­pulo, qui plurimum spei in Haraldi virtute habebat, ita­que Polid. vbi sup. more maiorum sacratus est, vvhich is, this fact of Harald displeased not at al the people of In­gland, for that they had great hope in the ver­tue of this Harald, & so vvas he annoynted and crowned according to the fassion of the anciēt kings of Ingland, by which vvordes vve may fee, that Harald had also the approbation of the realme to be king, notwith standing that lytle Edgar vvas present as hath bin said, so as this was the fourth breach of succession at this tyme.

But in the meane space, William Duke of VVilliam Duke of Normādy King of Ingland An. 1066. by ele­ction. Normandy pretended that he vvas chosen be­fore by king Edward the Confessor, and that the realme had giuen their consent therunto, and that king Edward left the same testified in his last wil and testament, and albert none of our Inglish authors do auow the same cleerly, yet do many other forrayne writers hold it, and it semeth very probable that some such thing [Page 190] had past, both for that duke William had many in Ingland that did fauor his pretence at his entrance, as also as Girard in his French storie saith, that at his first comming to London, he punished diuers by name, for that they had broken their othes and promises in that be­halfe: And moreouer it appereth that by allea­ging Girard. li. 6. an. 1065 this title of election, he moued diuers princes abroade to fauour him in that action, as in a iust quarrel, vvhich is not like they should haue done, if he had pretended only a conquest, or his title of consanguinity, vvhich could be of no importance in the vvorld, for that effect, seing it was no other but that his grand father and king Edwards mother, vvere brother and sister, which could giue him no pretence at al to the succession of the crowne, by bloode, and yet vve see that diuers princes did assist him, and among others the French chronicler Girard, so often named before, vvri­teth that Alexander the second pope of Rome, Chron. Cassin. l. 3. cap. 34. (vvhos holines vvas so much estemed in those dayes as one Constantinus Afer, wrote a booke of his miracles) being informed by Duke William of the iustnes of his pretence, did send him his benediction and a precious ring of gold, vvith a hallowed banner, by vvhich he gott the vic­tory, thus writeth Girard, in his French chro­nicles, and Antoninus Archbishop of Florence surnamed Sainct, vvriting of this matter in his Antoni­nus part. z. chron. tit 16. cap. 5. 9. 1. chronicles speaketh great good of William Cō ­queror, and commendeth his enterprise. But [Page 191] howsoeuer this was the victory vve se he gat, and God prospered his pretence, and hath con­firmed his of spring in the crovvne of Ingland more then 500. yeares together, so as now ac­counting from the death of king Edmond Ironside, vnto this man, we shal finde (as be­fore I haue said) in lesse then 50. yeares, that 5. or 6. kings vvere made in Ingland one after another, by only authority and approbation of the common wealth, contrary to the ordina­ry course of lineal succession by propinquitie of blood.

And al this is before the conquest, but if vve should passe any further downe, we should finde more examples then before. For first the Examples after the conquest. two sonnes of the Conqueror himselfe, that succeded after him, to vvit william Rufus and Henry the first, were they not both yonger brothers to Robert Duke of Normandie, to whom the most part of the realme vvas inclined (as Polydor sayth) to haue giuen the kingdome presently after the Conquerors death, as devv Polyd. in vita Gul. Conq. to him by succession, notwithstanding that VVilliam for particuler displeasure against his elder sonne, had ordeyned the contrary in his testament. But that Robert being absent in the war of Hierusalem, the holy and lerned man Lanfranke (as he vvas accompted then). Arch­bishop of Canterbury being deceaued vvith vaine hope of VVilliam Rufus good nature, VVilliam Rufus King An. 1087. perswaded them the contrary, who vvas at that day of high estemation, & authority in Ingland, [Page 192] and so might induce the realme to do what he liked.

By like meanes gat Henry his yonger bro­ther Henry 1. An. 1100 the same crowne afterwards, to wit by faire promises to the people, and by helpe principal­ly of Henry Newborow Earle of warwick, that dealt with the nobility for him, and Maurice bishop of London with the cleargie, for that Anselme Archbishop of Cantetbury vvas in banishment. Besides this also it did greatly healpe his cause, that his elder brother Robert, (to vvhom the crowne by right apperteyned) vvas absent againe this second tyme in the warr of Ierusalem, and so lost therby his king­dome, as before: Henry hauing no other title in the world vnto it, but by election and admis­sion of the people, which yet he so defended afterwards against his said brother Robert, that came to clayme it by the sword, and god did so prosper him ther-in, as he tooke his said elder brother prisoner, and so kept him for many yeares, vntil he dyed in prison most pitifully.

But this king Henry dying, left a daughter Mathild. the em­presse. behind him named Mawde or Mathilde, which being married first to the Emperor Henry the fift, he dyed without issue, and then vvas she married agayne the secōd tyme to Geffry Plan­tagenet Earle of Anjow in France, to whom she bare a sonne named Henry, vvhich this king Henry his grand father, caused to be declared for heyre apparent to the crowne in his dayes, but yet after his disceasse, for that Stephē Earle [Page 193] of Bollogne, borne of Adela daughter to Wil­liam King Ste­phen entred against successiē 1135. the Conqueror, was thought by the state of Ingland to be more fitt to gouerne, and to defend the land (for that he was at mans age) then vvas prince Henry a child, or Maude his mother, he vvas admitted, and Henry put back, and this chiefly at the perswasion of Henry bishop of winchester, brother to the said Ste­phen, as also by the solicitation of the Abbot of Glastenbury and others, vvho thought be like they might do the same, with good conscience for the good of the realme, though the euent proued not so wel, for that it drew al Ingland into factions and diuisions, for auoyding and ending wherof, the states some years after, in a parlament at Wallingford made an agrement, An act of parlamēt about successiē 1153. that Stephen should be lavvful king, during his life only, and that Henry and his ofspring should succede him, and that prince William king Stephens sonne should be dcpriued of his succession to the crowne, and made only Earle of Norfolcke, thus dyd the state dispose of the crowne at that tyme, vvhich vvas in the yeare of Christ 1153.

To this Henry succeded by order his eldest sonne then liuing, named Richard, and surna­med King Ri­chard and king Iohn 1190. Cordelyon, for his Valor, but after him agayne, the succession vvas broken. For that Iohn king Henries yongest sonne, to vvit yōger brother to Richard, vvhom his father the king had left so vnprouided as in iest he vvas called by the french Iean sens terre, as if you vvould [Page 194] saye Sir Iohn lacke-land: this man I say, vvas after the death of his brother, admitted and crowned by the states of Ingland, and Arthur Duke of Britaine, sonne and heyre to Geffery (that vvas elder brother to Iohn) vvas against the ordinarie course of succession excluded. And albeit this Arthur did seeke to remedy the Prince Ar tur put back. matter, by warr, yet it semed that god did more defend this election of the common wealth, then the right title of Arthur by suc­cession, for that Arthur vvas ouer-come, and taken by king Iohn, though he had the king of Fraunce on his side, and he dyed pitifully in prison, or rather as most authors do hold, he was put to death by king Iohn his vncles own handes in the castle of Roan, therby to make his title of succession more cleare, which yet could not be, for that as wel Stow in his Chro­nicle, as also Mathew of westminster and others before him, do write, that Geffrey besides this sonne, left two daughters also by the lady Cō ­stance his wife, Countesse & heyre of Britaine, Tvvo si­sters of prince Ar­tur Duke of Britai­ne. which by the law of Ingland should haue succeded before Iohn, but of this, smal accōpt seemed to be made at that day.

Some yeares after, when the Barons and sta­tes of Ingland misliked vtterly the gouerment K. Iohn and his sonne re­iected 1216. and proceeding of this king Iohn, they reiected him agayne, & chose Luys the prince of France to be ther king, and dyd sweare fealtie to him in London, as before hath bin saide, and they depriued also the yong prince Hēry his sonne, [Page 195] that was at that tyme, but of 8. yeares ould, but vppon the death of his father king Iohn, that shortly after insued, they recalled agayne that sentence, & admitted this Henry to the crowne by the name of king Henry the third, and disa­nulled the oth and allegeance made vnto Luys Prince of France, and so king Henry reigned for the space of 53. yeares afterwards, the lōgest reygne (as I thinke that any before or after him hath had in Ingland.

Moreouer you know that from this king The titles of york & Lācaster. Henry the third, do take their first beginning the two branches of York and Lācaster which after fell to so great contention about the crowne: Into which if we vvould enter, vve should see playnly as before hath bin noted, that the best of al their titles after the depositiō of king Richard the second, depended of this authority of the common wealth, for that as the people were affected and the greater parte preuailed, so were their titles ether allowed cō ­firmed altered or disa nulled by parlaments, and yet may not we wel affirme, but that ether part vvhen they vvere in possession and confirmed therin by thes parlaments, were lawful kings, and that God concurred vvith them as vvith true princes for gouermēt of their people, for if vve should deny this pointe, as before hath bin noted, great inconueniences vvould follow, & vve should shake the states of most princes in the world at this day, as by examples which al­redy I haue alleaged in part may appeare.

[Page 196]And vvith this also I meane to conclude and end this discourse in like manner, affirming that as on the one side propinquity of bloode is The con clusion of this-cha­pter. a great preheminence towards the atteyning of any crowne, so yet doth is not euer bynde the commō wealth to yeald ther-vnto, if waightier reasons should vrge them to the contrary, ne­ther is the common wealth bound alwayes to shutt her eyes, and to admit at hap-hazard, or of necessity euery one that is next by succession of bloode, as Belloy falsely & fondly affirmeth, but rather she is bound to consider vvel and maturely the person that is to enter, vvhether he be like to performe his duety and charge committed vnto him or no, for that otherwise to admitt him, that is an enimye or vnfitt, is but to destroy the common wealth, and him toge­ther. This is my opinion, and this seemeth to me to be conforme to al reason, law, religion, piety, vvisdome, and pollicy, and to the vse and custome of al vvel gouerned common wealthes in the vvorld, nether do I meane heereby to preiudice any princes pretence or succession to any crowne or dignitie in the vvorld, but rather do hold that he ought to enioy his preheminence, but yet so, that he be not preiudical therby to the whole body, which is euer to be respected more then any one per­son, vvhatsoeuer Belloy or other of his opinion do say to the contrary.

Thus said the Ciuilian, and being called vp­pon and drawne to a new matter by the que­stion [Page 197] that ensueth, he made his last discourse & conclusion of the vvhole matter, in manner following.

VVHAT ARE THE PRINCIPAL POINTS WHICH A COMMON-VVEALTH OVGHT to respect in admitting or excluding of any prince, that pretendeth to succeede: wherin is hand­lid largely also of the diuersitie of religions and other such causes.
CAP. IX.

AFTER the Ciuilian had alleaged al thes examples of succession altered or reiected by publique authoritie of common wealthes, and of the allowance and approbation & good successe vvhich for the most part god semeth to haue giuen vnto the same, one of the company brake forth and said, that this poynt appeared so euident vnto him, as no doubt in the vvorld could be made therof, I meane, whether this thing in it selfe be lawful or no, to alter some­tymes the course of succession, seing that al cō ­mon vvealthes of Christendome, had donne itCauses of excluding Princes. so often, Only he said, that it remayned some­what doubful vnto him, whether the causes al­leaged in thes mutations, and chainges before mentioned, were alwayes sufficient or no, for that sometymes they semed to him but weake [Page 198] and slender, as when (for example) the vncle was preferred before the nephewes, for that he vvas a man and the other children, which cause and reason hath oftentymes byn alleaged in the former exāples, both of Spaine, Fraunce, and Ingland, as also vvhen the yonger or bastard brother is admitted, & the elder and le­gitimate excluded, for that the one is a warrier, & the other not, and other such like causes are yealded (said he) in the exclusions before re­hearsed, vvhich yet seme not some-tymes vvaighty enough for so great an affaire.

To this answered the Ciuilian, that accor­ding to their law, both ciuil and canon (vvhich thing also he affirmed to be founded in great reason) it is a matter most certayne, that he vvho is iudge and hath to giue the sentence in the thing, it selfe, is also to iudge of the cause, for therof is he called iudge, and if he haue au­thority in the one, good reason he should also haue power to discerne the other, so as, if vve VVhe must iud­ge of the lavvful causes of exclusiōs. graunte according to the forme & proofes, that the realme or common vvealth hath povver to admitt or put back the prince or pretender to the crowne, then must vve also confesse that the same common vvealth, hath authority to iudge of the lawfulnes of the causes, and consi­dering further that it is in ther owne affaire, & in a matter that hath his whole beginning, con­tinuance and substance from them alone, I meane from the common wealth, for that no man is king or prince by institution of nature, [Page 199] as before hath bin declared, but euery king and kings sonne, hath his dignity and preheminēce aboue other men, by authority only of the cō ­mon vvealth: who can affirme the contrary said the Ciuilian? but that god doth allow for a iust and sufficient cause in this behalfe, the only vvil and iudgment of the weal publique it selfe, supposing alwayes (as in reason we may) that a whole realme wil neuer agree by orderly vvay of iudgment (for of this only I meane and not of any particuler faction of pri­uate men agaynst ther heyre appatēt) to exclude or put back the next heyre in blood and suc­cession without a reasonable cause, in their sight and censure. And seing that they only are to be iudges of this case, (as now I haue said) vve are to presume that vvhat they determyne, is iust and lawful for the tyme, and if at one tyme they should determine one thing, & the contrary at an other, (as they did often in In­gland during the contention betwene York & Lancaster and in other like occasions) vvhat can a priuate man iudge otherwise, but that they had different reasons and motions to leade them at different tymes, and they being pro­perly lords and owners of the vvhole busines, committed vnto them, it is enough for euery particuler man to subiect himselfe to that vvhich his common vvealth doth in this be­halfe, and to obey simply without any further inquisition, except he should see that open in­iustice vvere donne therin or God manifestly [Page 200] offended, and the fealme indangered.

Open iniustice I cal (said he) when not the Open in­iustice to be resi­sted. true common wealth, but some faction of wic­ked mē should offer to determine this matter, vvithout lawful authority of the realme com­mitted to them, and I cal manifest offence of God, and danger of the realme, when such a man is preferred to the crowne, as is euident that he wil do vvhat lyeth in him to the preiu­dice of them both, I meane bothe of Gods glo­ry and the publique wealth, as for example, if a Turke or Moore (as before I haue said) or some other notorious wicked man, or tyrant, should be offered by succession or otherwise to gouerne among Christians, in which cases euery man (no doubt) is bound to resist vvhat he can, for that the very end and intent for which al go­uermēt vvas first ordeyned, is herein manifestly impugned.

Thus the Ciuilian discoursed, and the whole company seemed to like very vvel therof, for that they said his opinion appeared both pru­dent and pious, and by this occasiō it came also VVhat are the cheete pointes to be regar­ded in a princes ad mission. presently in question, vvhat vvere the true cau­ses and principal points, which ought to be chiefly regarded, as wel by the commō wealth as by euery particuler man, in this great action of furthering or hindering any Prince towards a crowne. And they said vnto the Ciuilian, that if he vvould discusse in like manner this pointe vnto them, it would be a very apt and good cō ­clusion to al his former speach and discourses, [Page 201] vvhich hauing bin of the authority that weale publiques haue ouer princes titles, this other of the causes and considerations that ought to lead them for vse and excercise of the same au­thority, would fal very fit and necessary for the vp short of al.

Heerunto the Ciuilian answered, that he wel saw the fitnes and importance of the mat­ter, and therefore that he was content to speak a word or two more therof, notwithstāding that much had bin said alredy therin, to witt, in al those pointès which had bin disputed about the end of gouerment, and why it vvas appoynted, which ende (said he) seing it is (as largely hath bin proued before) to defend, preserue, and be­nifite the common wealth, heer hence, that is, VVhence the rea­sons of admit­ting or re iecting a prince are to be ta­ken. from this consideration, of the weal publique, are to be deduced al other considerations of most importance, for discerning a good or enel prince. For that whosoeuer is most likely to defend, preserue, and benifite most his realme and subiects, he is most to be allowed and de­syred, as most conforme to the end for vvhich gouerment was ordeyned.

And on the contrary side, he that is least like to do this, deserueth least to be preferred, and heer (quoth he) you see doth enter also that consideration mentioned by you before, which diuers common vvealthes had in putting back oftentymes children & impotēt people (though otherwise next in blood) from succession, and pteferring more able men though further of by [Page 202] discent, for that they were more like 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 Girard li. 3. de l'E­star pag. 242. 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 Three principal points to be consi­dered. 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.

[Page 203]And for that the later two of thes three points VVhy he resolueth to treat of religion principal­ly. 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 cō ­mon 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 [Page 204] vnderstanding of this point, vve are to suppose, The cheef end of a common vvealth superna­tural. 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. Philoso­phers and lavv ma­kers vvhat end they had of ther doings.

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 [Page 205] 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 The com mon vvealth of bea­stes. 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 The natu ral end of mans cō ­mon vvealth. and more excellent ende in his common wealth, which was not only to prouide for thos [Page 206] 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 Sacrifices and obla­tions by nature. 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 Gen 8. 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. Iob. 1. He did sanctifie his children, and rising early in the morning did offer for them holocastes or burnt sacrifices euery day.

This men vsed in those dayes, and this they were taught by law of nature, I meane both to honor God aboue al things, and to honor him by this particuler way of sacrifices, vvhich is proued also euidently by that which at this day is founde and seene in the Indians, vvher [Page 207] neuer any notice of Moyses law came, and yet no nation hath euer bin found among them, that acknowlegeth not some kinde of God, and offereth not some kinde of sacrifise vnto him.

And albeit in the particuler meanes of ho­noring this God, as also in distinguishing be­tweene false Gods and the true God, thes peo­ple of the Indias haue fallen into most grosse & infinite errors, as also the gentiles of Europe, Asia, & Africa did, by the craft & subtilty of the diuel, which abusing their ignorance, did thrust him selfe into the place of God, and deriued & drew those sacrifises and supreme honors vnto himselfe, vvhich vvere dew to God alone, yet is it euident heerby (and this is sufficient for our purpose) that by God & nature, the highest and chiefest end of euery common vvealth, is The chife end of a common vvealth & magestra­tes is reli­gion. Cultus Dei, the seruice of God, and religion, and consequently that the principal care & charge of a prince and magestrate euen by nature it selfe, is, to looke therunto, wherof al anti­quity both among Iewes and Gentiles, vvere vvont to haue so great regard, as for many yeares and ages their kings & chiefe magestra­tes vvere also preestes: and diuers lerned men do hold, that the priuilege and preheminence of primogenitura or the first borne children, Gene­brard. l 1. Chronol­de 1 aeta­te Genes. 25. & 20. Deut. 21. 2. Paral. [...] so much estemed in the law of nature (as be­fore vve haue seene) cōsisted principally in this, that the eldest sonnes were preestes & had the charge and dignity of this greatest action of al [Page 208] other vppon earth, vvhich our temporal Ma­gistrates so little regard now.

And this respect and reuerence tovvards re­ligion Regard of religion among gentiles. vvas so greatly planted in the brests of al nations by nature herselfe, as Cicero pro­nounsed, this general sentence in his tyme. Nulla est gens tam fera, nulla tam immanis, cuius Cicero li. 1. quest. tusc. & de natura deorum lib. 1. mentem non imbuerit deorum colendorum religio. Ther is no nation so fearce or barbarous, whose myndes are not indued vvhith some religion of worshipping Gods.

And Plutarch writing against a certaine Atheist Plutarch aduersus Colotem. of his tyme saith thus: If you trauaile far coun­tries, you may chance [...] find some cities, without ler­ning, without kings, without riches, without money, but a citty without temples, and without Gods and sa­crifises, no man yet hath euer seene. And finally Aristotle in his politiques hauing numbred di­uers things, necessary to a common wealth, ad­deth Aristo. l 7 politi. c. 8. thes wordes. Quintum & primum. Circa rem diuinam cultus, quod sacerdotium sacrificiumque vo­cant. In the fift place (which in deed onght to be the first of al other) is necessary to a com­mon wealth, the honor and seruice dew vnto God, which men commonly do comprehend by the woordes of preest-hode and sacrifice.

Al this I haue alleaged to confute euen by the principles of nature herselfe, the absurd The ab­surd A­thisemo of our tyme in politi­ques. opinions of diuers atheistes of our tyme, that will seeme to be gteat politiques, who affirme that religion ought not to be so greatly re­spected in a prince, or by a prince, as though [Page 209] it were his chiefest care or the matter of most importance in his gouerment, which you see how false and impious it is, euen among the gētiles themselues, but much more amōg chri­stians, who haue so much the greater obligatiō to take to hart this matter of religion, by how much greater light & knowledge they haue of God, and therfore we see that in al the princes othes which before you haue hard recited to be made & taken by them at their admission & coronation, the first and principal point of al other, is about religion & maintenance therof, See be­fore the othes made by princes at their co­ronations in the 4. chapter. and according to this oth also of supreme prin­ces, not only to defend and maynteyne religion by themselues in al ther states, but also by their lieftenaunts and vnder gouernours, we haue in our ciuil law a very solemne forme of an oth which Iustinian the Emperor, aboue a thou­sand and 50. yeares gone, vvas wont to giue to al his gouernours of countries, citties and other places, before they could be admitted to their charges, and for that it is very effectual, & that you may see therby what care there was of this matter at that tyme: and vvhat manner of so­lemne and religious protestations, as also im­precations they did vse therin, it shal not be amisse perhapps to repeat the same in his owne woords which are thes following.

The title in the Ciuil law is: iuramentum quod The oth to gouer­nors for defence of reli­gion. Praestatur, ijs qui administrationes accipiunt, the oth vvhich is giuen to them that receaue gouer­ments, and then the oth beginneth thus.

[Page 210] Iuro per Deum omnipotentem & filium eius vnigenitā Collat, 2. Nouella constit. Iuflin, [...]. [...]. [...]. Dominum nostrum Iesum Christum & Spiritum san­ctum, & per sanctam gloriosam Dei genitricem & semper virginem Mariam, & per quatuor euangelia quae in manibus meis teneo, & per sanctos archangelos Michaelem & Gabrielem, puram conscientiam germa­numque seruitium me seruaturum sacratissimis nostris Dominis Justiniano & Theodosiae coniugi eius, occasione traditae mihi ab eorū pietate administrationis. Et quod cōmunicator sum sanctissima Dei Catholicae & Apostoli­cae Ecclesiae, & nullo modo vel tempore aduersaborei, nec alium quōcunque permittam quātum possibilitatē ha­beam, & si vero non haec omnia seruauero, recipiam omnia incomoda hic & in futuro seculo in terribili iu­ditio magni Domini Dei & saluatoris nostri Iesu Chri­sti, & habebo paertē cum Iuda & cū lepra Giezi, & cum tremore Cain, in super & paenis quae lege eorum pietatis continentur ero subiectus. Which in Inglish is thus, Note the forme of this othe vvryten. An Dn̄i 560. ‘I do sweare by almightie God, and by his holy sonne our Lord Iesus Christ, and by the holy ghost, and by the holy glorious mother of God, the perpetual virgin Marie, and by the foure holy ghospells which I do hold in my hand, & by the holy archangels S. Michel and S. Gabriel, that I wil kepe a pure conscience, & performe true seruice vnto the sacred persons of our Lords and princes Iustinian and Theodosia his wife, in al occasions of this gouerment, by their benignity committed vnto me. Moreouer I do sweare that I am communicant and member of the most holy Catholique and Apostolique church of God, and that I shal neuer at any [Page 211] tyme heerafter be contrary to the same, nor suf­fer any other to be, as much as shallye in my possibilitie to let. And if I should break this oth or not obserue any poynt therof, I am con­tent to receaue any punisment both in this vvorld as also in the world to comme, in that last and most terrible iudgment of our great Lord and saueour Iesus Christ, and 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 shalbe 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 [Page 212] 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 Hovv great a defect is vvant of religion in a Ma­gestrate. 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 Lack of religion the che­fest cause to exclud a preten­dor. 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 Vide Di­gest. li. 23. fit 1 leg. 8 & 10. vvealth. Which espousal or betrothing, accor­ding to allaw both diuine and humane, may [Page 213] 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, Math. 14. Marc. 10. and yet sainct Paule to the Corinthians determineth playnely, that if tvvo gentiles marryed together in ther gentility, (vvhich 1. Cor. 7. 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, Lib. 4. de­cret. Greg. tit. 19. c. 7. 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 VVhether [...] in religiō be infide­lity. 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 [Page 214] 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 Act 23. 1. Cor. 8. 2. Cor. 5. 3. Pet. 3. 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 Math. 18. 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. Hovv he that doth agaynst his ovvne consciēce sinneth.

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 Rom. 14. 1. Cor. 8. & 10. [Page 215] 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 See vppō this place of S. Paul. S. Chri­sost. hom. 36. in [...] epistolā. Orig. l. to Theodor. in hune locum. 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 [Page 216] 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 Hovv dā ­grous to fauour a pretender of a con­trary reli­gion. 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 shalbe able to peruert infinite, and to pull downe al honor & seruice dew vnto God, and vvhether he do this euel afterwards or not [Page 217] 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 Against vvisdom and po­licy to preferre [...] prince of a contra­ry religiē. 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 [Page 218] 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 shalbe 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 The con­clusion of the vvhole speech. wearied you against my wil) seeing ther be so great inconueniences and dangers both tem­poral [Page 219] 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 [Page 220] 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.

OF THE DIVERS BOOKES AND TREATISES THAT HAVE BIN VVRITTEN heretofore about the titles of such as pretend to the crowne of Ingland, and what they do conteyne in fauour or disfauour of sundry pretendors.
CAP. I.

ACCORDING to the variety of mens iudgments and affe­ctions in this behalfe, so said the lawyer, that diuers had written diuersly in sundry bookes & treatises that had come to light, & went among men frō hand to hand though al were not printed. And first of al he said, that not long after her maiesties com­ming to the crowne, ther appeered a certayne booke vvritten in the fauour of the house of Suffolke, and especially of the children of the Earle of Hartford by the Lady Catherin Gray, vvhich booke offended highly the Queene and The book of Hales and Sir Nicholas Bacon. nobles of Ingland and vvas aftervvards found to be written by one Hales surnamed of the clubb foote, vvho was clarke of the hamper, & Sir Nicholas Bacon then Lord keeper was pre­sumed [Page 2] also to haue had a principal part in the same, for vvhich he vvas like to haue lost his office, if Sir Antony Browne that had bin cheef iudge of the comon pleas in Queene Ma­ries tyme vvould haue accepted therof, vvhen her Maiestie offred the same vnto him, and my Lord of Lecester earnestly exhorted him to take it, but he refused it for that he was of differēt re­ligion from the state, and so Sir Nicholas Bacō remayned vvith the same at the great instance of Sir William Cecill now Lord Treasorer, who though he vvere thought to be priuy also to the said booke, yet vvas the matter so vvisely laid vppon Hales and Bacon, as Sir William was kept free, therby to haue the more authority and grace to procure the others pardon, as he did.

The bent and butt of this book, vvas (as I haue said) to preferr the title of the Lady Ca­therin The but of Hales book. Gray daughter of the Lady frauncis Duches of Suffolk which Frauncis was daugh­ter to Mary the yonger daughter of King Henry the seuenth, before the title of the Queene of Scotts then liuing & of her sonne, which were discended of Lady Margeret eldest daughter of the said king Hēry. And the reasons which this book did alleage for the same were principally two, the first, that the lawes of Ingland did not First rea­son. admitt any sttainger or allien to inherit in In­gland, to vvit, any such as were borne out of the alleageance of our realme (for so are the wordes of the law) and for that the Queene [Page 3] of Scotts and her sonne are knowne to be so borne, therfore they could not succeed, and consequently that the house of Suffolck des­cended of the second daughter, must enter in ther place.

The second reason is, for that ther is giuen authority to king Hēry the eight by two seue­ral 2. Reasun acts of parlament in the 28. and 36. yeare of his reigne to dispose of the succession by his last will & testament, as he should think best, among those of his kinred that did pretend after his children, and that the said king accor­ding to his commission, did ordeyne that if his owne children did dye vvithout issue, then the of-spring of his yonger sister Mary that vvere borne in Ingland should be preferred before the issue of the elder that vvas Margaret mar­ryed into Scotland, and this was the effect of this first book.

Against this booke were vvryten two other soone after, the first by one Morgan a diuine (if The booke of M. Mor­gan and iudge Browne I remember vvel) some-tymes fellow of Oriel College in Oxford, a man of good accompt for learninge amonge those that knew hym, & he vvas thought be haue written the saide book, by the aduise and assistance of the forsaide Iudge Browne, which thinge is made the more credible, by the many authorites of our cōmon law vvhich therin are alleaged, and the partes of this booke (if I forget not) vvere three, or rather they were three bookes of one treatise, the first wherof dyd take vppon it to cleare the [Page 4] saide Queene of Scottes for the murder of the lord Darly her husband, which by many vvas layde against her. And the seconde dyd handle her tytle to the crowne of Ingland: and the third dyd answer the booke of Ihon Knox the Scott, intituled, against the monstruous gouerment of women. Of al vvhich three pointes, for that the second that conserneth the tytle, is that vvhich properly appertayneth to out purpose, and for that the same is handled agayne and more largely in the second booke set out not longe after by Ihon lesley lord bishope of Rosse in Scotland, vvho at that tyme was Embassa­dor for the saide Queene of Scottes in Ingland, and handled the same matter more abundantly vvhich M. Morgan had donne before hym, I shal saye no more of this booke of M. Morgan; but shal passe ouer to that of the bishope, vvhich in this point of succession conteyneth also vvhat soeuer the other hath, so as by decla­ring the contentes of the one vve shal come also to see vvhat is in the other.

The intent then of this book of the bishope of Rosse, is to refute the other booke of Hales and Bacon, and that especially in the two points before mentioned, which they alleaged for their principles, to witt, about forrayne birth, and king Henries testament. And against the first of these two pointes the bishop alleageth Ansvver to the 1. reason. many proofes that ther is no such maxima in the cōmon lawes of Ingland to disherit a prince borne out of the land from his or her right of [Page 5] succession, that they haue by blood. And this first, for that the statute made for barring of al­liens to inherit in Ingland (vvhich was in the 25. yeare of the reigne of king Edward the third) is only to be vnderstood of particuler mens inheritance, and no wayes to be extended to the succession of the crowne, as by compa­rison of many other like cases is declared: and secondly for that ther is expresse exception in the same statute of the kings children and of spring: and thirdly for that the practise hath al­wayes bin contrary both before and after the conquest, to vvit that diuers princes borne out of the realme haue succeded.

The other principle also concerning king Henryes testament, the bishop impugneth, first To the 2. reason. by diuers reasons & incongruities vvherby it may be presumed that king Henry neuer made any such testament, and if he did, yet could it not hold in law. And secondly also by vvitnes of the Lord Paget that was of the priuy councel in those dayes, & of Sir Edward Montague lord chiefe iustice, and of one VVilliam Clark that set the kings stamp to the writing, al which anowed before the councel and parlament in Queene Maryes tyme, that the said testament vvas signed after the king vvas past sense and memory.

And finally the said bishop concludeth that the line of Scotland is the next euery way, both in respect of the house of Lancaster, and also of York, for that they are next heyres to K. Henry [Page 6] the eight, who by his father was heyre to the house of Lancaster, and by his mother to the house of york.

But after these three bookes, was vvritten a Heghing­tons booke. fourth, by one Robart Highinton secretary in tyme past to the Earle of Northumberland, a man wel read in storyes and especially of our coūtrey, who is said to be dead some yeares past in Paris. This man impugneth al three formet bookes in diuers principal points and draweth the crowne from both their pretendors, I meane as wel from the house of Scotland as from that of Suffolk, and first against the booke of Hales and Sir Nicholas Bacon, writen (as hath bin said) in fauour of the house of Suf­folk Heghington holdeth with the Bishop and Morgan that thes two principles layd by the other, of forayne birth, and of king Henries re­stament against the Scotish line, are of no Va­lidity, as nether ther reasons for legitrimating of the Earle of Hartfords children, vvhich after­ward shalbe handled.

And secondly he is against bothe Morgan & the Bishop of Rosse also in diuers important points, and in the very principal of al, for that this man (I meane Highington) maketh the king of Spayne to be the next and most righful pretender by the house of Lancaster, for proofe vvherof he holdeth first that king Henry the 7. had no title in deede to the crowne by Lācaster; but only by the house of York, that is to saye; by his marriage of Queene Elizabeth elder [Page 7] daughter to king Edward the fourth, for that albeit himselfe were discended by his mother from Iohn of Gaunt duke of Lancaster, yet this vvas but by his third vvife Catherin Swyn­ford, and that the true heyres of Blanch his first vvife duches and heyre of Lācaster (to whom sayth he apperteyned only the successiō after the death of king Henry the sixth, and his sonne, with whom ended the line male of that house) remayned only in Portugal by the ma­riage of Lady Phillip, daughter of the foresaid Blanch, to kinge Ihon the first of Portugal, & that for as much as king Phillip of Spaine saith this man, hath now succeded to al the righte of the kings of Portugal, to him appertayneth also, the only right succession of the house of Lancaster, and that al the other discendents of king Henry the 7. are to pretend only by the title of Yorke, I meane aswel the line of Scot­land as also of Suffolk and Huntington, for that in the house of Lancaster king Phillip is euidently before them al.

Thus holdeth Heghington, alleaginge di­uers stories arguments and probabilities for the same, & then adioyneth two other propo­sitions, which do importe most of al, to vvit, that the title of the house of Lancaster was far better, then that of York, not for that Edmond Crokback first founder of the house of Lanca­ster, vvho was sonne to king Henry the third and brother to king Edward the first, was eldest to the said Edward and iniurioufly put [Page 8] back for his deformity in body, as both the said bishop of Rosse and George Lylly, do falsly George Lilly in fine Epit­chronic. Anglic. hold, and this man refuteth by many good arguments, but for that lohn of Gaunt Duke of Lancaster being the eldest sonne that King Edward the third had a liue when he dyed, should in right haue succeded in the crowne as this man holdeth, and should haue bin pre­ferred before Richard the second that was the black princes sonne, vvho vvas a degree fur­ther of from king Edward the third his grand­father, then vvas lohn of Gaunt, to whom king Edward vvas father, and by this occasion this man cometh to discusse at large the opinions of the lawyers, vvhether the vncle or the ne­phew should be preferred in the succession of a crowne, to vvit, vvhether the yonger brother or the elder brothers sonne, if his father be dead vvithout being seased of the same (which is a point that in the ciuil law hath great dis­putation and many great authors on each side as this man sheweth) and the matter also wan­teth not examples on both pattes in the suc­cession of diuets Inglish kings, as our frend the ciuil lawyer did signifie also in his discourse, & vve may chance to haue occasion to handle the same agayne, and more largely heerafter.

These poyntes toucheth Highintō thoughe diuers other he leaue vntouched, vvhich are of much importāce for the resolusion, as whether after the lyne extinguished of kinge Henry the 4. vvhich vvas the eldest sonne of Ihon of [Page 9] Gant, ther should haue entered the line of lady Philippe the eldest daughter lawfully be­gotten of Blanch first wyfe of Ihon of Gant, or Sundry importag pointes. els the race of Ihon Earle of Somersett yonger sonne by his third vvyfe, which then was base borne, but legetimated by parlament, for of Phillip do come the kinges of Portugal, and of Ihon came king Henry the seuenth. And againe these pointes had byn to be disputed as vvel touching the succession to the dukedom of Lancaster alone, as also to the crowne ioyncely, all which articles shal seuerally after­ward be handled in ther places, and thus much of this booke.

More then these fower bookes, I have not Diuers other no­tes and pam­pletes. seene vvitten of his affaire, though I haue hard of one made in Flanders in the behalfe of the Duke of Parma, that is now, vvho by his mo­ther disceudeth of the same line of Portugal, that the king of Spaine doth, and as this book pretendeth (if we respect the ordinary course of Inglish lawes in particuler mens inheri­tances) he is to be preferred before the said king, or any other of the howse of Portugal for that his mother descended of the yonger sonne, and the king of the elder daughter, of the king of Portugal: and albeit according to the law of Portugal the king vvas adiuged next heyre to that crowne, yet say they by our lawes of Ingland he cannot be, vvhich after must be examined.

Thus sayth that book, and he alleageth [Page 10] many reasons for the same, as it hath bin told me (for as I said I neuer came to haue a viewe of the vvhole booke) but diuers of his argu­ments I haue seene laid together, which I shal afterwards in place conuenient alleage vnto you, vvith the answers censures and replies that the contrary parties do make therunto.

Diuers other papers notes and memories I haue seene also (said he) as wel touching the succession of those vvhom I haue named as of others, for that Syr Richard Shelly who dyed some yeares a gone in Venice, by the name of Lord Sir Ri­chard Shelly. prior of S. Iohns of Ingland, had gathered diuers points touching these affayres: & many more then he had M. Francis Peto that dyed in Millan, and vvas a very curious and wel readen Franc. Pe­to. man in genealogies, as may appeare by sundry papers that I haue seene of his. Their vvant not also diuers in Inglād who haue trauailed much in this busines, and I haue had the perusing of some of their labors, though I dare not dis­couer ther names lest therby I should hurt them, vvhich vvere not conuenient. But one great trouble finde I in them al, that euery man seeketh to draw the whole water vnto his owne mill, and to make that title alwayes most clere, whom he most fauoreth, and this vvith so great probability of reason and autho­rity many tymes, as it is hard to retayne a mās consent from that which is said, vntil he haue read the reasons of the other party, and this also is a great proofe, of the wonderful ambi­biguity [Page 11] and doubtfulnes which in this most important affaire is to be founde.

And by the way also I had almost forgotten A treatise in the be­halfe of the Infāta of spaine. to tel you, how that of late I haue lighted vppō a certayne new discourse and treatise, made in the behalfe of the king of Spaines eldest daughter, whom he had by his wife, Isabel the eldest sister of the last king of France, vvhich Isabel and her daughter the infanta of Spaine called also Isabel, are presumed to be the lawful heyres to the state of Britany, and to al other states that by that meanes of Britany or other­wise by vvomen haue come to France, or haue or may fal vppon a vvoman of the house of France, as the states of Ingland and other states therunto annexed may, for that they follow not the law salique of France, and so this treatise proueth that by diuers vvayes and for sundry considerations, this princesse of Spaine is also of the blood royal of Ingland, and may among others be intituled to that crowne, by a parti­culer title of her owne, beside the pretence vvhich her father the king or her brother the prince of Spayne haue for them selues, by the house of Portugal, al vvhich reasons and con­sideratiōs I shal alleage afterward in ther place & tyme, or at least-wise the chiefe & principal of them.

And to the end they may be vnderstoode the better, as also the clearnes and pretentions of al the rest that haue interest in this affayre, I shal first of al for a beginning and foundation [Page 12] to al the rest that shal or may be spoken heer­after, set downe by way of historical narration, al the discents of our Inglish kings and pre­tenders that maye important to this our pur­pose, from the conquest vnto our tyme, vvhich being cōpared vvith the tree it selfe of genealo­gies that shalbe added in the end of this confe­rence, vvil make the matter more playne and pleasant to the reader.

OF THE SVCCESSION OF THE CROWNE OF ING­LAND FROM THE CONQVEST VNTO the tyme of king Edward the third, with the begin­ning of three principallinages of the English blood royal, dispersed into the houses of Britanie Lancaster and Yorke.
CAP. II.

NO man is ignorant said the lavvyer how Discent of V Vil­liam the Conque­ror. William the Conqueror came to the crowne of Ingland, vvhich vvas in deed by dynt of sword, though he pretended that he vvas chosen by the vvill and testament of king Edward the confessor. But howsoeuer this weare, his posterity hath indured vntil this day and two and twenty princes of his race haue vvorne the Inglish crowne after him, for the space of more then 5. hundreth yeares, and how many more may yet do the same, God only knoweth; but if vve follow probability, vve [Page 13] cannot vvant of them, seing his blood is so di­persed ouer the vvorld at this day, as by this de­claration ensewing vvil appeare.

This king William according to Polidor The chil­dren of the con­queror. and other chronicles of Ingland, had by his vvyf Mathilda daughter of Baldwin Earle of Flanders, foure sonnes, and fiue daughters, his eldest sonne vvas Robert vvhom he left duke Polid. 1. 2. in fine Stovv in vita Gu­liel of Normandie, vvho vvas afterward depriued of that dukedome by his yonger and fowerth brother Henry, vvhen he came to be king of Ingland. His second sonne was Richard that dyed in his youth, his third was William, sur­named Rufus, for that he vvas of redd heare, and the fowerth vvas Henrv, vvhich two last sonnes, vvere both kings of England one after the other, as the vvorld knoweth, by the names of William the second, and Henry the first.

The Conquerors daughters vvere first Ce­cilie that vvas a Nonne, and the second Con­stantia that vvas marryed to Alayn, surnamed fergant duke of Britanie, and the third vvas Adela or Alis marryed to Stephen countie Pa­latine of Bloys, Champagne, and Chartres in France, and the other two Polidor saith, dyed before they were marryed, and so their names vvere not recorded.

These are the children of king William the Conqueror, among whom after his death ther The mi­series of Duke Ro­bert and his sonne. vvas much strife about the succession. For first his eldest sonne duke Robert, vvho by order of ancestrie by birthe should haue succeded [Page 14] him in al his estares, was put back, first from the kingdome of Ingland, by his third brother William Rufus, vppon a pretence of the Con­querors vvil and testament, for perticuler affe­ction that he had to this his said third sonne William, though as Stow writeth, almost al the nobility of Inglande vvere against Williās Stovv in vit Gul. Cōquest. entrance. But in the end agreement vvas made between the two brothers, vvithe condition that if William should dye vvithout issue, then that Robert should succed him, and to this ac­cord, both the princes themselues, and twelue principal peeres of ech side vvere sworne, but yet after when VVilliam dyed vvithout issue, this vvas not obserued, but Henry the fourth sonne entred, and depriued Robert, not only of this his succession to Ingland, but also of his dukedome of Normandie, that he had enioyed peaceably before, al the tyme of his brother Rufus, and moreouer he toke him prisoner & so caryed him into Ingland, and ther kept him vntil his death, which happened in the castle of Cardif in the yeare 1134.

And vvhereas this Duke Robert had a VVilliam soune of Duke Ro­bett. goodly prince to this sonne named VVilliam, who vvas duke of Normandy by his father, & earle of Flanders in the right of his grand mo­ther, that was the Cōquerors wife, & daughter of Baldwin Earle of Flanders as hath bin said, and vvas established in both these states by the help of Lewys the 6. surnamed le gros king of France, and admitted to do homage to hym for [Page 15] the saide states, his vncle king Henry of Englād was so violent against him, as first he draue him out of the state of Normandy, and secondly he set vp and maynteyned a competitor or two against him in Flanders, by whome finally he was slaine in the yeare of Christ 1128. before the towne of Alost, by an arrow, after he had Belfor. 1. 3. cap. 42. An. 1128. gotten the vppet hand in the feild, and so ended the race of the first sonne of king William the Conqueror, to wit of duke Robert, vvhich Robert liued after the death of his saide sonne and heyre duke VVilliam, six yeares in prison in the castel of Cardife and pyned avvay vvith sorrow and miserie, as both the Frenche and Inglishe histories do agree.

The second sonne of the Conqueror named Richard, dyed as before hath bin sayde, in his fa­thers tyme, and left no issue at al, as did neither the third sōne, Williā Rufus, though he reigned 13. yeares after his father the Conqueror, in King VVilliam Rufus. which tyme he established the successiō of the crowne by consent of the stares of Ingland to his elder brother duke Roberts issue, as hath bin saide, though afterward it was not obserued.

This Kinge Rufus came to the crowne prin­cipally by the help and fauour of Lanfrancus Archbishop of Canterbury, who greatly repē ­ted himselfe afterward of the error vvhich in that point he had committed, vppō hope of his good gouerment which proued extreeme euel.

But this king William Rufus being slayne afterward by the error of a crosbow, in new­forest [Page 16] as is vvel knowne, and this at such tyme as the foresaid duke Robert his elder brother (to vvhom the crowne by succession appartey­ned) was absent in the vvarr of the holy land, vvher (according as most authors do vvrit) he vvas chosen king of Hierusalem, but refused it vppon hope of the kingdome of Ingland. [...] l. 2 del hist. del mon­do. But he returning home, foūde that his fowerth brother Henry, partly by fayre promises, and partly by force had inuaded the crowne, in the K. Henry. yeare 1100. and so he reygned 35. yeares, and had issue diuers sonnes and daughters, but al vvere either drowned in the seas comming out of Normandie, or els dyed otherwise before Polydor. in vita Henrici 1. their father, except only Mathildis vvho vvas first marryed to Henry the Emperor, fift of that name, and after his death without issue, to Geffrey Platagenet duke of Anjow, Tourayne, and Mayne in France, by whom she had Henry which reigned after king Stephen, by the name of Henry the second, and thus much of the sonnes of William the Conqueror.

Of his two daughters that lyued to be ma­ryed and had issue, the elder named Constance The house of Britany by the elder daughter of the Conque­ror Belfor. l. 3 Pag. 423. vvas maryed to Alayn fergat duke of Britanie, vvho vvas sonne to Hoel earle of Nantes, and vvas made duke of Britanie by VVilliam Cō ­querors meanes, in manner following.

Duke Robert of Normandy father to the Conqueror, vvhen he went in pilgrimage vnto the holy land (in which voyage he dyed) left for gouernour of Normandy, vnder the pro­tection [Page 17] of king Henry the first of france, duke Alayne the first of Britanie, vvhich Allayn had issue Conan the first, vvho being a stirringe prince of about 24. yeares old when duke VVilliam began to treat of passing ouer into Ingland, he shewed himselfe not to fauour much that enterprise, which duke VVilliam fearing, caused him to be poysoned vvith a Conan Duke of Britanie poysened by VVil­liam Con queror. payre of perfumed gloues, as the French stories do report, and caused to be set vp in his place and made duke, one Hoel earle of Nantes, who to gratifie VVilliam sent his sonne Alaine surnamed Fergant with 5000. souldiars to passe ouer into Ingland vvith him, and so he did, & VVilliam afterward in recompēce heer-of gaue him his eldest daughter Constantia in mariage vvith the earldome of Richmond, by vvhom he had issue Conan the second, surnamed le gros who had issue a sonne and a daughter. The sonne vvas called Hoel, as his grand father was, and the daughters name was Bertha mar­ryed to Eudo Earle of [...] in Normandy, & for that this duke Conan, liked better his Belfor. l. 3 cap. 12. An. 1065. ex chro­nic dio­nis. daughter and his sonne in law her husband then he did Hoel his owne sonne, he disauo­wed him in his death bedde, and made his said daughter his heyre: who had by the said Eudo, a sonne named Conan surnamed the yonger, which vvas the third duke of that name, and this man had one only daughter and heyre named Lady Constance who whas mar­ryed to the third sonne of king Henry the [Page 18] second named Geffrey & elder brother to king Ihon that after came to rayne & by this Lord Geffrey she had issue Arthur the second duke of Britanie, whom king Iohn his vncle put back from the crowne of Ingland, and caused to be put to death, as after shalbe shewed, and he dying without issue, his mother Constance duchesse & heyre of Britanie, marryed agayne vvith a prince of her owne house, vvhom after vve shall name in the prosecution of this lyne, and by him she had issue that hath indured vntil this day, the last vvherof hitherto is the lady Isabella infanta of Spaine, & that other of Sauoy her sister, whom by this meanes we se The daugh­ters of spaine are of the blood royal of Ingland. to haue discended from king VVilliam the Cōqueror, by his eldest daughter lady Cōstance as also by diuers other participations of the blood royal of Ingland, as aftervvards vvil ap­peare.

Now then to come to the second daughter of king VVilliam the Conqueror, or rather the The hou­ses of Aloys. third (for that the first of al vvas a Nonne as be­fore hath byn noted) her name vvas Adela or Alis as hath bin saide, and she vvas marryed in France to Stephen counte Palatin of Cham­pagne Charters and Bloys, by whom she had a sonne called also Stephen, vvho by his grand mother was earle also of Bollayne in Picardie, and after the death of his vncle king Henry of Ingland, vvas by the fauour of the Inglish no­bility, and especially by the helpe of his owne brother the Lord Henry of Bloys, that vvas [Page 19] Bishop of Winchester and iointly Abbot of Glastenbury, made kinge of England, and this both in respect that Mathilda daughter of king Henry the first was a woman, and her sonne VVhy Stephen vvas ad­mitted king of Henry duke of Anjou, a very childe, & one de­gree farther of from the Conqueror and from kings Rufus then Stephen vvas, as also for that this king Henry the first (as hath bin signified before) vvas iudged by many to haue entred vvrongfully vnto the crowne, and therby to haue made both himselfe and his posterity in­capable of succession by the violence vvhich he vsed against both his elder brother Robart, and his nephew duke VVilliam, that vvas sonne and heyte to Robert vvho by nature and law were bothe of them held for soueraintes to Iohn, by those that fauored them and their pretentions.

But yet howsoeuer this were, we see that the duke of Britany, that liued at that day, should Girard. l. 6 Belfor. l. 3 euidently haue succeded before Stephen, for that he was discended of the elder daughter, of the Conqueror, and Stephen of the yonger, though Stephen by the commodity he had of the neernes of his porte and hauen of Bullayne vnto Ingland, as the French stories do saye (for Calys vvas of no importance at that tyme) and by the frendship and familiarity he had gotten in Ingland during the raigne of his two vncles king Rufus and king Henry, and especially by the help of his brother the Bishop and Abbot as hath bin said, he gat the start of al the rest, [Page 20] and the states of Ingland admitted him.

This man although he had two sonnes na­mely The issue of king Stephen. Eustachius duke of Normandy, and Wil­liam earle of Norfolk, yet left they no issue? And his daughter Marie was maried to ma­thew of Fladers of whom if any issue remaines, it fell afterward vppon the house of Austria, that succeded in those states.

To king Stephen who left no issue succeded by compositiō after much warre Henry duke K. Henry the 2. of Aniou, sonne and heyre to Mathilda before named, daughter of Henry the first, which Henry named afterward the second, tooke to wife Elenor daughter and heyre of VVilliam duke of Aquitaine, & earle of Poytiers, which Belfor. l. 3 cap. 50. An. 1151. Gerard. l. 8. pag. 549 Elenor had bin marryed before to the king of France Lewis the 7. and bare him two daugh­ters, but vppon dislike conceaued by the one against the other, they were deuorced, vnder pretēce of being within the fowerth degree of consanguinitye, and so by second marriage Elenor vvas vvife to this said Henry who after­ward was king of Ingland by name of K. Henry the fecōd, that procured the deathe of Thomas Becket archebishope of Canterbury, and vvas both before and after the greatest enimye, that euer Lewis the king of France had in the vvorld, and much the greater for his marriage, by vvhich Henry vvas made far stronger, for by this woman he came to be duke of al Aqui­taine, that is of Gascony and Guyene, and earle of al the coūtrey of Poytiers, wheras beforealso [Page 21] by his fathers inheritance, he vvas duke both of Anjou, Tourayne, and Mayne, & by his mo­ther Mathilda king Henries daughter of In­gland he came to be king of Ingland, & duke of Normandie, and by his owne industry, he gat also to be lord of Ireland, as also to bring Scotland vnder his homage, so as he enlarged the kingdome of Ingland most of any other king before or after him.

This king Henry the second as Stow recon­teth, K. Henry the 2. his issue Stovv in vita Hen­ci. had by Lady Elenor fyue sonnes and three daughters. His eldest sonne vvas named VVil­liam that dyed yonge, his seconde vvas Henry vvhom he caused to be crowned in his owne life tyme, vvherby he receaued much trouble, but in the end this sonne died before his father without issue. His third sonne vvas Richard surnamed for his valour Cor de leon, who reigned after his father, by the name of Richard the King RI­chard. first, and died vvithout issue in the yeare of Christ 1199.

Hys fovverth sonne named Geffrey, maried Duke Geffrey. lady Constance daughter and heyre of Britanie, as before hath bin said, and dying left a sonne by her named Arthur, which vvas duke of Britanie after him, and pretended also to be king of Ingland, but vvas put by it by his vncle Iohn, that tooke him also prisoner, and kept him so in the castel first of fallaise in Norman­die, and then in Roan, vntil he caused him to be put to death, or slew him vvith his owne hands as Frēch stories vvrite, in the yeare 1204.

[Page 22]This duke Arthur left behind him two si­sters Paradyn apud Bel­forest. as Stow writeth in his chronicles, but others write that it was but one, and at least wise, I fynde but one named by the french sto­ries, which vvas Elenor, whom they saye king Iohn also caused to be muthered in Ingland a Belfor. l. 3 cap. 71. An. 1203. a litle before her brother the duke vvas put to death in Normandie, and this was the end of the issue of Geffrey, whose vvife Constance du­chesse of Britanie marryed againe after this murther of her children, vnto one Guy Vicond of Touars, and had by him two daughters, Belfor. l. 4 cap. 4. wherof the eldest named Alis was duchefse of Britanie, by vvhome the race hath bin conti­nued vnto our tyme.

The fift sonne of king Henry the second was named Iohn, who after the death of his K. Iohn and his issue. brother Richard by help of his mother Elenor, and of Hubert Archbishop of Canterbury, drawen therunto by his said mother, gat to be king, and put back his nephew Arthur, vvhom king Richard before his departure to the war of the holy land had caused to be declared heyre apparent, but Iohn preuayled and made away both nephew and Neece, as before hath bin saide, for which fact he vvas detested of many in the world abroade, and in France by acte of parlament depriued of al the states he had in those partes. Soone after also the pope gaue sentence of depriuation against him, and his Miseries that fell vppō king Iohn. owne barons tooke armes to execute the sen­tence, and finally they deposed both him and [Page 23] his yong sonne Henry being then but a child of 8. yeares old, and this in the 18. yeare of his reigne, and in the yeare of Christ 1215. and Le­vvis the 8. of that name prince at that tyme but Polid. Hol lings & Stovv. in vitae Io­hannis. afterward king of France, was chosen king of Ingland, & sworne in Londō and placed in the Tower, though soone after by the suddaine death of king Iohn that course vvas altered agayne, & Henry his sonne admitted for king.

And thus much of the sonnes of king Hēry the second, but of his daughters by the same The issue of king Henry the 2. hys daugh­ters. lady Elenor heyre of Gascony, Belforest in his story of France hath these wordes following. King Henry had foure daughters by Elenor of Aquiraine, the eldest vvherof vvas marryed to Belfor. l. 3 cap. 49. An. 1152. Alonso the 9. of that name king of Castile, of vvhich marryage issued Queene Blanch mo­ther to S. Lewis king of France. The second of these two daughters vvas espoused to Alexis Emperor of Constantinople. The third vvas married to the duke of Saxony, and the fourth vvas giuen to the earle of Tholosa, thus being the french stories of these daughters.

Of the marriage of the eldest daughter of these foure (whose name was Elenor also as her mothers vvas) vvith king Alonso the 9. of Ca­stile The issue of Lady Eleanor Queene of spaine. ther proceeded many children, but only one sonne that liued, whose name vvas Henry, vvho vvas king of Castile after his father, by the name of Henry the first, and dyed quickly vvithout issue, and besides this Henry, tvvo daughters also vvere borne of the same ma­riage [Page 24] of which the eldest and heyre named Blanch, vvas married by intercession of her vncle king Iohn of Ingland, vvith the foresaid Prince Lewis of France, with this expresse cō ­dition, as both Polidor in his Inglish story & Polidor. l. 15. in vit Iohan, Stephen Garib li. 22. cap. 31 Garibay the chronicler of Spayne do affirme, that she should haue for her dowry al the sta­tes that king Iohn had lost in France, vvhich were almost al that he had there, and this to the end, he might not seeme to haue lost them by force, but to haue giuen them with the ma­riage of his Neece, and so this mariage vvas made, and her husband Lewis was afterward chosen also king of Ingland by the Barons, and sworne in London, as before hath bin saide, & hereby also the Infanta of Spaine before men­tioned, that is discended lineally from both these princes, I meane as wel from Queene Blanch as from Lewys, is proued to haue her pretence fortified to the interest of Ingland, as afterward shalbe declared more at large in dew place.

The second daughter of king Alonso the 9. by Queen Elenor, vvas named Berenguela, and Queene Beren­guela. vvas married to the prince of Leon in Spayne, and had by him a sonne named Fernando, vvho afterward vvhen king Henry her brother vvas dead, vvas admitted by the Castilians for their king, by the name of Fernando the fourth, as before the Ciuilian hath noted, and Blanch vvith her sonne S. Lewis though she vvere the elder, vvas put by the crowne against al right [Page 25] of succession, as Garibay the Spaniard Chro­nicler Garibay li. 12. c. 52 noteth and confesseth.

Heerby then some do gather, that as the first Pretences of the Infanta of spayne to Inglish & French states. interest which the crowne of Ingland had to the states of Gascony Guyne and Poyters, came by a vvoman: so also did it come to France by the right of this foresaid Blanch, wherof the fauourers of the Infanta of Spaine do saye, that she being now first and next in blood of that house, ought to inherite al these and such like states, as are inheritable by vvomen, or came by womē, as the former states of Gascony and Guvne did to king Henry the second, by Queen Elenor his wife, and Normandie by Mathilda his mother, and both of them to France by this former interest of Blanch, and more they saye, that his lady Blanch mother to King S. Lewis, vvhose heyre at this daye the infanta of spayne is, should by right haue in­herited the kingdome of Ingland also, after the murther of Duke Arthur and his sister Elenor, for that she was the next of kynne vnto them, at that tyme, vvhich could be capable to succede them, for that king Iohn himselfe vvas vncapable of their succession whom he had murthered, and his sonne Henry vvas not then borne, nor in diuers yeares after, and if he had bin, yet could he receaue no interest therunto by his father, vvho had none himselfe: of al vvhich points ther vvilbe more particuler oc­casion to speak hereafter.

Now then I come to speak of king Henry [Page 26] the third vvho was sonne to this king Iohn, and K. Henry the 3 and his issue. from whom al the three houses before mentio­ned of Britanie Lancaster and Yorke, do seeme to issue, as a triple branch out of one tree, albeit the royal line of Britanie is more ancient, and vvas deuided before euen from William Con­querors tyme, as hath bin shewed, yet do they knytt againe in this king Henry, for that of king Henry the third his eldest sonne, named The mee­ting of three houses. prince Edward the first, discended Edward the second, and of him Edward the third, from whom properly riseth the house of Yorke. And of his secōd sonne Edmond surnamed crooke-backs Prince Edvvard Duke Ed­mond. county Palatine of Lancaster, issued the dukes of Lancaster vntil in the third dissent, vvhen the Lady Blanch heyre of that house matched vvith Iohn of Gaunt, third sonne of king Edward the third, from which mariage rose afterward the formal diuision of these two houses of Lancaster and Yorke, & also two di­stinct branches of Lancaster.

Besides these two sonnes, king Henry the Lad. Bea­trix daughter of king Henry 3. third had a daughter named lady Beatrix, whom he marryed to Iohn the second of that name duke of Britanie, vvho after vvas stayne at Lions in France, by the fal of an old wall, in the coronation of pope Clement the 5. of that name, in the yeare of Christ 1298. and for that the frēdes of the Infanta of Spayne, do seeke to strengthen her title by this her discent also of the royal blood of Ingland, from Henry the third as afterward shalbe declared, I wil breifly [Page 27] in this place continew the pedegree of the house of Britanie from that I left before, euen to our dayes.

I shewed before in this chapter, that Gef­frey The pede gree of the dukes of Brita­nie. the third sonne to king Henry the second, and duke of Britanie by his wife, being dead, & his two children Arthur and Elenor put to death by their vncle king Iohn in Ingland, as before hath bin said, it fel out that Constance duchesse and heyre of Britanie marryed agayne to Guy viscond of Touars, and had by him two daughters, wherof the eldest named. Alis vvas duchesse of Britanie, and marryed to Peter Brien earle of Drusse, and by him had Iohn the first of that name, duke of Britanie, vvhich Iohn the first had issue Iohn the second, vvho marryed lady Beatrix before mētioned, daugh­ter to king Henry the third, and by her had the second Arthur duke of Britanie to vvhom suc­ceded his eldest sonne by his first wife, named Iohn the third, who dying without issue, left the very same trouble and garboyle in Britanie about the succession betweene the two noble houses of Bloys and Monford, the one mayn­teyned by France, and the other by Ingland, as The great conten­tion be­tvveene the hou­ses of Mō ford and Bloys in Britanie. Burgundy and Or­leance. soone after vppon the very like occasion hap­pened in Ingland, betweene the houses of Lan­caster & York as after shalbe shewed. And not long after that againe the like affliction also ensewed in France, (though not for succession but vppon other occasions) betwene the great and royal houses of Burgundy and Orleans, [Page 28] vvherby al three common wealthes (I meane Ingland Britanie and France) vvere like to haue come to distruction and vtter desolation.

And for that it may serue much to our pur­pose hereafter, to vnderstand vvel this contiou­sie The con­trouer­sie be­tvveene the house of mon­ford and Bloys. of Britanie, I thinke it not amisse in few vvordes to declare the same in this place, thus then it happened.

The foresaid Arthur the secōd of that name, duke of Britanie, and sonne of Lady Beatrix that was daughter (as hath bin said) to king Henry the third of Ingland, had two vviues, the first named Beatrix as his mother vvas, and by this he had two sonnes, Iohn that succeded him in the state, by the name of duke Iohn the third, and Guye that dying before his elder brother left a daughter and heyre, named Ioan, and surnamed the lame, for that she halted, who vvas marryed to the earle of Bloys, that vvas nephew to Phillip of Valois, king of France, for that he vvas borne of his sister.

But besides these two children, the said duke Arthur had by his second wife, named Ioland countesse and heyre of the earldome of Mon­ford, an other sonne called Iohn Breno, vvho in the right of his mother vvas earle of Monford, And afterward vvhen duke Iohn the third came to die vvithout issue, the question vvas, who should succede him in his dukedome, the vncle or the neece, that is to saye, his third bro­ther Iohn Breno by half bloode or els his Neece Ioan the lame, that vvas daughter and heyre to [Page 29] his second brother Guye of whole bloode, A Que­stiō about successiō betven the vncle and the neece. that is by father and mother, which lady Ioan was marryed to the earle of Bloys as hath byn said. And first this matter vvas handled in the parlament of Paris, the king himselfe sitting in iudgment vvith al his peeres, the 30. day of Septemb. 1341. and adiuged it to the earle of Bloys, both for that his wife vvas heyre to the elder brother, as also for that duke Iohn by his testament and consent of the states, had appoin­ted her to be his heyre, but yet king Edward the third and states of Ingland did iudge it otherwise, and preferred Iohn Monford, not knowing that the very like case vvas to fal out very soone after in Ingland, I meane, they iud­ged the state to Iohn Breno earle of monford yonger brother to Guye, & they did assist him, and his sonne after him, vvith al their forces for the gayning and holding of that state.

And albeit at the beginning, it seemed that matters went against Monford, for that him­selfe vvas taken prisoner in Nantes, and carryed captiue to Paris vvhere he dyed in prison, yet his sonne Iohn by the assistance of the Inglish The house of Blois ouer come. armies gat the dukedome afterward, and slew the earle of Bloys, and vvas peaceably duke of Britanie by the name of Iohn the fourth, and his posterity hath indured vntil this day, as briefly heere I wil declare.

This duke Iohn the fourth of the house of The sue­cession of the Mon­fords in Britanie. Monford had issue Iohn the fift, & he, Francis the first, vvho dying without issue, left the [Page 30] dukedome to Peter his brother, and Peter ha­uing no children neither, he left it to his vncle Arthur the third, brother to his father Iohn the fift, and this Arthur vvas earle of Rich­mond in Ingland, as some of his ancestors had bin before him, by gyftes of the kings of Ingland.

This Arthur dying without issue left the Francis last Duke of Bri­tany. dukdome vnto his nephew, to vvit his bro­thers sonne Francis the second, who vvas the last male child of that race, and was he that had once determyned, to haue deliuered Henry earle of Richmond, vnto his enimye king Edward the fourth, and after him to king Ri­chard the 3. but that Henries good fortune re­serued him to come to be king of Ingland.

This duke Francis had a daughter and heyre named Anna, marryed first to Charles the eight Hovv the dukdome of Brita­nie vvas vnited to france. king of France, and after his death without issue to his successor Lewis the 12. by whome she had a daughter named Claudia that was heyre to Britanie, though not to the crowne of France, by reason of the law Salique, that hol­deth against vvomen in the kingdome of Frace but not in Britanie, and to the end this duk­dome should not be disvnited agayne from the said crowne of France, this daughter Claudia vvas marryed to Francis duke of Angoleme heyre apparent to the crowne of France, by vvhom she had issue Henry, that was afterward king of France, and vvas father to the last king of that country, and to Ysabel mother of the [Page 31] Infanta of Spayne, and of her sister the duchesse 3. of Sauoye that now is, by which also some do affirme that the said princesse or Infanta of spayne, albeit she be barred from the successiō of France, by their pretended law Salique: yet is her title manifest to the dukdome of Brita­nie, that came by a woman as we haue shewed, and thus much of the house of Britanie and of the princesse of Spaine, how she is of the blood royal of Ingland, from the tyme of VVilliam Conqueror himselfe by his eldest daughter, as also by other kings after him: and now we shall returne to prosecute the issue of these two sonnes of king Henry the third, to wit of Edward and Edmond, which before we left.

I shewed yon before how king Henry the third had two sonnes, Edward the prince, that The issue male of king Hēry the [...]. vvas king after his father, by the name of Edward the first, and Edmond surnamed crok­back by some writers, who vvhas the first earle and county Palatine of Lancaster, and beginner of that house.

And albeit some writers of our tyme, haue affirmed or at least wise much inclined to fa­uour The Bis­hop of Rosle in his booke of the Q. of Scotts title. a certayne old report, that Edmōd should be the elder brother to Edward, and put back only for his deformity of his body, (wherof Polidor doth speak in the begining of the George Lilly in fine epi­tomes chron. Anglic. reigne of king Henry the fourth, and as vvel the Bishop of Rosse as also George Lylly do seeme to beleeue it) yet euident it semeth that is was but a fable, as before I haue noted and [Page 32] now againe I shall briefly proue it by these rea­sōs following, for that it importeth very muche for deciding the cōtrouersie between the how­ses of Lancaster and yorke.

The first reason then is, for that al ancient historiographers of Ingland and among them That Edvvard vvas the elder. Matheus Westmonasteriensis that liued at the same tyme do affirme the cōtrary, and do make Matheus vvest in vit Hen­rici 3. & bollings. Ibidem pag. 654. Edward to be elder then Edmond by six yeares and two dayes, for that they appointe the birth of Prince Edward to haue bin vppon the 16. day of Iune in the yeare of Christ 1239, & the 24. of the reigne of his father king Henry, and the birth of Lord Edmond to haue followed vppon the 18. day of the same moneth 6. yeares after, to wit in the yeare of our lord 1245. and they do name the godfathers and godmothers of them both together, with the peculier so­lemnities and feastes, that were celebrated at ther seueral natiuities, so as it seemeth ther can be no ertor in this matter.

2.The 2. reason is, for that we read that this Lord Edmond was a goodly vvise and discreet prince, notwithstanding that some authors cal him crokback, and that he vvas highly in the fauour both of his father king Henry, as also of his brother king Edward, and employed by them in many great warres, and other affayres of state, both in France & other where, vvhich argueth that ther was no such great defect in him as should moue his father and the realme to depriue him of his succession.

[Page 33] 3.Thirdly vve reade that king Henry procured by diuers waies and meanes the aduancement of this L. Edmond, as giuing him the earldomes of Lecester & Darby besides that of Lancaster, Holling head in vit Hen­rici 3. pag. 740. & 777. as also procuring by al meanes possible & with exceding great charges to haue him made king of Naples & Sicilie by pope Innocentius which had bin no pollicy to haue done, if he had bin put back from his inheritance in Ingland, for that it had bin to haue armed him against his brother the king.

4.Fourthly we see that at the death of his fa­ther king Henry the third, this Lord Edmond vvas principally left in charge with the realme, his elder brother prince Edward being scarsly returned frō the warr of Asia, at what tyme, he had good occasion to chalēg his owne right to the crowne, if he had had any, seing he wanted no power therūto, hauing three goodly sonnes at that tyme aliue, borne of his wife Queene Blanch dowager of Nauarre, vvho had bin marryed before to Henry king of Nauarre, and contie of Champaine, to whom she had borne only one daughter, that vvas marryed to Phil­lip le bel king of France.

But vve shal neuer reade that either he, or Edmonds line ne­uer pre­tended to the crovvne. any of his children, made any such clayme, but that they liued in very good agreement & high grace vvith king Edward the first, as his chil­dren did also vvith king Edward the second, vntil he began to be mis-led in gouerment, and then the two sonnes of this Lord Edmond [Page 34] I meane both Thomas and Henry, that succes­siuely vvere earles of Lancaster) made vvarr vppon the said Edward the second, and vvere the principal doers in his deposition, & in setting vp of his sonne Edward the third in his place, at vvhat tyme it is euidēt that they might haue put in also for themselues, if there title had bin such as this report maketh it.

A fift reason is, for that if this had bin so, 5. Note this conse­quent. that Edmond earle of Lancaster, had bin the elder brother, then had the controuersie be­tweene the two houses of York and Lancaster, bin most cleare and vvithout al doubt at al, for then had the house of Yorke had no pretence of right in the vvorlde, and then vvere it eui­dent, that the heyres general of Blanch du­chesse of Lancaster vvife of Iohn of Gaunt, to wit, the discendentes of lady Phillip her daugh­ter, that vvas marryed into Portugal, these I say, and none other, were apparent and true heyres to the crowne of Ingland at this day, and al the other of the house of Yorke vsurpers, as wel king Henry the 7. as al his posterity & ofspring, for that none of them haue [...] of the said Blanch as is manifest.

And therfore lastly the matter standeth (no 6. The elder ship of Edmond a fiction. doubt) as Polidor holdeth in the later ende of the life of king Henry the third, vvhere hauing mētioned these two sonnes Edward & Edmōd, he addeth these wordes. Ther wanted not certayne men long tyme after this, that affirmed this Edmond to Polyd in fine vitae Hent. 3. be the elder sonne to king Henry the third, and to [Page 35] haue bin depriued of his inheritance, for that he was deformed in body, but these thinges were feyned to the end that king Henry the fourth that came by his mo­thers side of this Edmond, might seeme to haue come to the kingdome by right, whereas in decd he gat it by force.

Thus saith Polidor in this place, but after­vvard in the begining of the life of the said K. Henry the 4. he sayeth, that some vvould haue had king Henry to haue pretended this title among other reasons, but that the more part accompting it but a meare fable, it vvas omitted.

Novv then it being cleere that of these two sonnes of king Henry the third, prince Edward vvas the elder and lawful heyre, it re­mayneth only that vve set downe, their seue­ral discents vnto the tymes of king Edward the third, and his children, in whose dayes the dissention & controuersie betweene these royal houses of Yorke and Lancaster, began to break fourth.

And for the issue of Edward that vvas king after his father, by the name of king Edward The issue of king Edvvard the first. the first, it is euident that albeit by two se­ueral vviues he had a dosen children, male and femal, yet only his fourth sonne by his first vvife called also Edward (vvho vvas king after him by the name of king Edward the second) left issue that remayned, which Edward the second being afterward for his euel go­uerment deposed, left issue Edward the third, [Page 36] vvho vvas made king by election of the people in his place, and after a long and prosperous reigne, left diuers sonnes, vvherof after vve shal speak, and among them his third sonne named Iohn of Gaunt, married lady Blanch daughter and heyre of the house of lancaster, and of the fornamed Lord Edmond Crouch­back, by vvhich Blanch, Iohn of Gant became duke of lancaster: so as the lines of these tvvo bretheren Edward and Edmond did meete and ioyne againe in the fourth discent, as novv shall appeare by declaration of the issue of the foresaid L. Edmond.

Edmond then the second sonne of K. Henry the third, being made county palatine of Lan­caster, The issue of Ed­mond Crock­back. as also earle of Lecester and of Darby, by his father king Henry, as hath bin said: had issue three sonnes, to vvit, Thomas Henry and Iohn, among vvhom he deuided his three sta­tes, making Thomas his eldest sonne, county palatine of Lancaster, Henry earle of Lecester, & Iohn earle of Darby. But Thomas the eldest & Iohn the yongest dying vvithout issue, al three states fel againe vppon Henry the second sonne, vvhich Henry had issue one fonne and three daughters, his sonne vvas named Henry the second of that name, earle of Lancaster, and made duke of Lancaster, by king Edward the third, and he had one only daughter & heyre named Blanch, vvho vvas marryed vnto Iohn of Gant as before hath bin said. But Duke Henries three sisters named Ioan Mary and [Page 37] Elenor, vvere al marryed to diuers principal men of the realme, for that Ioan vvas marryed to Iohn L. Maubery of vvhom are descended Collateral lynes of Lācastez. the Howards of the house of Norfolk at this day, and Mary vvas marryed to Henry lord Pearcy, from vvhom cometh the house of the Earles of Northumberland, and Elenor vvas married to Richard earle of Arundel, vvhence is issued also by his mothers side the Earle of Arundel that novv is, so as of this ancient lyne of Lancaster ther vvant not noble houses vvith in the realme at this day, issued thence before the cōttouersie fell out betweene yorke & this family, of vvhich controuersie how it rose and how it vvas continued, I shall now begyn to make more particuler declaration, taking my begining from the children of king Edward the third, who vvere the causers of this fatal dissention.

OE THE SVCCESSION OF INGLISH KINGES FROM KING EDVARD THE THIRD VNTO OVR dayes, with the particuler causes of dissention, be­tweene the families of yorke and Lanca­ster more largly declared.
CAP. III.

KING Edward the third surnamed by the Fyue son­nes of K. Edvvard 3. English the victorious, though he had many children, wherof some dyed vvithout issue, vvhich appertaine not to vs to treat of, [Page 38] yet had he fiue sonnes, that lest issue behinde them, to wit Edward the eldest that was prince of Wales surnamed the black Prince: Leonel duke of Clarence vvhich vvas the 2. sonne, Iohn of Gant so called for that he vvas borne in that citye, that vvas the third sonne, and by his wife was duke of Lancaster, and fourthly Edmond surnamed of Langley, for that he was also borne ther, and vvas duke of Yorke, & last of al Thomas the fift sonne surnamed of Woodstocke, for the same reason of his birth, and vvas duke of Glocester.

Al these fiue dukes, being great princes and sonnes of one king, left issue behinde them as shalbe declared, and for that the discendents of the third and fourth of these sonnes, to wit, of the dukes of Lancaster and Yorke, came afterward to striue who had best title to reigne, therof it came, that the controuersie had his name of these two familes, vvhich for more di­stinctiō sake, & the better to be knowne, tooke vppon them for their ensignes a rose of two The redd rose and the vvhite. different colures, to wit, the white rose, and the redd, as al the vvorld knoweth, wherof the vvhite serued for Yorke, and the redd for Lan­caster.

To begyn then to shew the issue of al these issue of the black prince. fiue princes, it is to be noted, that the two elder of them, to wit, prince Edward, and his second brother Leonel Duke of Clarence, dyed both of them before king Edward their father, and left each of them an heyre, for that Prince [Page 39] Edward left a sonne named Richard, vvho suc­ceded in the crowne immediatly after his grād­father, by the name of king Richard the secōd, but aftervvard for his euel gouerment vvas de­posed, and dyed in prison vvithout issue, and so vvas ended in him the succession of the first sonne of king Edward.

The second sonne Leonel, dying also before his father, left behind him one only daughter The issue of leonel the 2. sonne. and heyre, named Phillip, who was marryed to one Edmond mortimer Earle of march, and he had by her a sonne and heyre named Roger mortimer, vvhich Roger had issue two sonnes named Edmond and Roger, which dyed both without children, and one daughter named Ann mortimer, vvhich was marryed vnto Ri­chard Plantaginet earle of Cambrige, second sonne vnto Edmond Langly duke of Yorke, vvhich duke Edmond vvas fourth sonne, as hath bin said, vnto king Edward the third, and The issue of Ed­mond the 4 sonne. for that this Richard Plantaginet marryed the said Anne as hath bin saide, hereby it came to passe, that the house of Yorke ioyned two titles in one, to wit, that of Leonel duke of Clarence, vvhich was the secōd sonne of K. Edward the third, & that of Edmond langly duke of yorke which vvas the fourth sonne: and albeit this Richard Plantaginet him selfe neuer came to be duke of Yorke, for that he was put to death whiles his elder brother lyued, by king Henry the fift for a conspiracy discouered in South hampton against the said king, vvhen he vvas [Page 40] going ouer into france vvith his army: yet he left a sonne behind him named also Richard, vvho afterward came to be duke of Yorke, by the death of his vncle, vvhich vncle vvas [...] soone after in the battel of Egēcourt in France: & this Richard began first of al to prosecute openly his quarrel for the title of the crowne, against the house of Lancaster, as a litle after­ward more in particuler shalbe declared, as also shalbe shewed how that this 2. Richard duke of Yorke being slame also in the same quariel, left a sonne named Edward, earle of march, who after much trooble gat to be king, by the name of king Edward the 4. by the oppression and putting downe of king Henry the 6. of the house of Lancaster, and was the first king of the house of Yorke, vvhose geuealogie vve shal lay downe more largly aftervvards in place conuenient.

And nowe it followeth in order that vve should speak of Iohn of Gaūt the third sonne, but for that his discent is great, I shal first shew the discent of the fifth and last sonne of king Edward who vvas Thomas of Woodstock duke of Glocester and earle of Buckingham, The issue of Tho­mas the 5. sonne. that vvas put to death afterward or rather mur­thered wrongfully, by order of his nephew king Richard the second, and he left only one daughter and heyre named Anna vvho vvas marryed to the L. Stafford vvhose familie after­vvard in regard of this marriage came to be du­kes of Bucking ha, & vvere put downe by king [Page 41] Richard the third, and king Henry the eight, albeit some of the blood and name do remayne yet stil in Ingland.

And thus hauing brought to an end the issue of three sonnes of king Edward, to wit of the first second & fift, & touched also, some what of the fourth, ther resteth to prosecute more fully the issues & discēts of the third & fourth sonnes, to vvit of Iohn of Gaunt duke of Lāca­ster, and of Edmond Langly duke of Yorke, which are the heades of these two noble fami­lies, which thing I shal do in this place vvith al breuity and perspecuity possible, begining first vvith the house of Lancaster.

Iohn of Gaunt third sonne of king Edward The issue of the 3. sonne duke of Lancan. being duke of Lancaster by his wife, as hath bin said, had three wiues in al, and by euery one of them had issue, though the bishop of Rosse in his great Latin arbor of the genealo­gies of the kings of Ingland, printed in Parris in the yeare 1580. assigneth but one wife only to this Iohn of Gaunt, and consequently that al his childen were borne of her, which is a great and manifest error and causeth great confusion in al the rest which in his booke of the Queene of Scots title he buyldeth hereon, for that it being euident, that only the first wife vvas daughter and heyre of the house of Lancaster, and Iohn of Gant duke therof by her, it follo­weth that the children only that vvere borne of her, can pretend properly to the inheritance of that house, and not others borne of Iohn of [Page 42] Gaunt by other wiues as al the vvorld vvil confesse.

First then (as I haue said) this Iohn of Gaunt marryed Blanch daughter and heyre of Henry The issue by Lady Blanch. duke of Lancaster, and had by her one sonne only and two daughters. The sonne was cal­led Henry earle first of Darby, and after made duke of Hereford by king Richard the second, and after that came to be duke also of Lanca­ster by the death of his father, and lastely vvas made king by the deposition of his cosen ger­maine the said king Richard, and reigned 13. yeares by the name of king Henry the fourth, and vvas the first king of the house of Lācaster, of the right of vvhose title examination shalbe made afterwards.

The first of the two daughters vvhich Iohn of Gaunt had by Blanch, vvas named Phillip, L. Phillip marryed into Por­tugāl and her issue. vvho was marryed to Iohn the first of that name king of Portugal, by whom she had issue Edward king of Portugal, and he Alfonsus the fift, & he Iohn the second & so one after ano­ther euen vnto our dayes.

The second daughter of Iohn of Gaunt by Lady Eli­zabeth second daugh­ter. lady Blanch vvas named Elizabeth, vvho was marryed to Iohn Holland duke of Excester, & she had issue by him, an other Iohn, duke of Excester, and he had issue Henry duke of Exce­ster, that dyed without issue male, leauing only one daughter named Anne, vvho vvas mar­ryed to Sir Thomas Neuill knight, and [Page 43] by him had issue Raffe Neuill third earle of Westmerland, whose lineal heyre is at this day Lord Charles Neuill earle oft Westmerland, that liueth banished in Flanders.

And this is al the issue that Iohn of Gaunt had by lady Blanch his first vvife, sauing only The issue of King Henry the 4. that I had forgotten to prosecute the issue of Henry his first sonne, surnamed of Bolen­brok, that vvas afterward called king Hen­ry the fourth which king had 4. sonnes and tvvo daughters, his daughters vvere Blanch and Phillip, the first marryed to William duke of Bauaria, and the second to Erick king of Denmarke, and both of them dyed without children.

The four sonnes vvere first Henry that reygned after him by the name of Henry the fift, and the second vvas Thomas duke of Clarence, the third vvas Iohn duke of Bed­ford, and the fourth vvas Humfrey duke of Glocester, al vvhich three dukes dyed vvithout issue or vvere slaine in vvarres of the realme, so as only king Henry the fift their elder bro­ther had issue one sonne named Henry also, that vvas king, and reigned 40. yeares by the name of Henry the sixt who had issue prince Edward & both of them (I meane both father & sonne) were murthered by order or permissiō of Edward duke of Yorke, vvho afterward tooke the crowne vppon him; by the name of king Edward the fourth, as before hath bin said [Page 44] so as in this king Henry the 6. and his sonne prince Edward, ended all the blood royal male of the house of Lancaster, by Blanch the first wife of Iohn of Gaunt, and the inheritance of the said lady Blanch returned by right of suc­cession as the fauorers of the howse of Por­tugal affirme though others deny it, vnto the heyres of lady Phillip her eldest daughter, mar­ryed into Portugal, vvhose nephew named Al­fonsus the fift kinge of Portugal liued at that day when king Henry the 6. and his heyre were made away, and this much of Iohn of Gaunts first marriage.

But after the death of the L. Blanch Iohn of Gaunt marryed the Lady Constance, daughter The issue of Iohn of Gant by his 2. vvife. and heyre of Peter the first surnamed the cruel king of Castile, who being driuen out of his kingdome by Henry his bastard brother, assi­sted therunto by the french, he fledd to Bur­deaux vvith his wife & tvvo daughters, where he founde prince Edward eldest sonne to king Edward the third, by vvhom he was restored, and for pledge of his fidelity and performance of other conditions that the said king Peter had promised to the Prince, he left his two daughters withe hym, which daughters being sent afterwards into Inglād, the eldest of them, The con­trouersie in Spaine betvvee­ne King Peter the cruel and his ba­stard bro­ther. named Constance, was marryed to Iohn of Gaunt, and by her title he named himselfe for diuers yeares afterward, king of Castile, and went to gayne the same by armes, when Peter her father vvas stayne by his foresaid bastard [Page 45] brother, but yet some yeares after that againe, their vvas an agrement made betweene the said Iohn of Gaunt, and Iohn the first of that name, king of Castile, sonne and heyre of the foresaid Henry the bastard, vvith condition, that Catherine the only daughter of Iohn of [...] by lady Cōstance, should marry vvith Henry the third prince of Castile, sonne, and Garibay l. 15 c. 26. heyre of the said king Iohn, and nephew to the bastard Henry the 2. and by this meanes vvas ended that controusie betweene Ingland and Castile, and the said L. Catherine had issue by king Henry, Iohn the 2. king of Castile, & he Isabell that marryed with Ferdinando the Catholique king of Aragon, and ioyned by that marriage both those kingdomes toge­ther, and by him she had a daughter named Ioan, that marryed Phillip duke of Austria and Burgundy, and by him had Charles the fifth that vvas Emperor, and father to king Phillip that now reigneth in Spaine, vvho (as we see) is descēded tvvo waies from Iohn of Gaunt duke of Lancaster, to vvit by two daughters begotten of two wiues, Blanch and Constance, nether had Iohn of Gaunt any more childrē by Con­stance but only this daughter Catherine, of vvhom vve haue spoken, vvherfore now vve shal speake of his third vvife that vvas Lady Catherine Swinford. Of Lady Catherin Svvinford hollings head in vita Ri­chardi 2. pag. 1088.

This lady Catherin as Inglish histories do note, vvas borne in Henalt in Flanders, & was daughter to a knight of that country called [Page 46] Sir Payne de Ruet, and she vvas brought vp in her youth in the duke of Lancasters house, and attended vppon his first wife lady Blanch, and being fayre of personage, grew in such fa­uour vvith the duke, as in the tyme of his se­cond wife Constance, he kept this Catherin for his concubin, and begat vppon her fower children, to vvit, three sonnes, and a daughter, vvhich daughter (vvhose name vvas Iane) was marryed to Raph earle of Westmerland cal­led commonly in those dayes Daw Raby, of whom descended the Earles of VVestmerland that insued. His three sonnes were Iohn, Tho­mas, and Henry, and Iohn vvas first earle and then duke of Sommerset, Thomas vvas first marques Dorset, and then duke of Excester, Henry vvas Bishop of VVinchester and after Cardinal.

And after Iohn of Gaunt had begotten al thes 4. children vppon Catherin, he marryed her to a knight in Ingland named Swinford, vvhich knight lyued not many yeares after, & Iohn of Gaunt comming home to Ingland, from Aquitaine, vvher he had bin for diuers yeares, and seing this old concubine of his Catherine, to be now a widow, and himselfe also without a wife (for that the lady Cōstance vvas dead a litle before) for the loue that he bore to the children which he had begotten of her he determyned to marry her, and ther­by the rather to legitimate her childrē, though himselfe vvere old now and al his kyndred [Page 47] vtterly against the marriage, and so not ful two yeares before his death, to wit, in the yeare of Christ 1396. he married her, and the next The duke of Lan­casters ba stards made le­gitimate Hollingh in vita Rich. 2. pag. 1090. yeare after in a parlament begun at Westmin­ster, the 22. of Ianuary anno Domini 1397. he caused al his said issue to be legitimated which he had begotten vppon this lady Swin­ford before she vvas his wife.

But now to go foreward to declare the issue of thes three sonnes of Iohn of Gaunt by Ca­therine Swinford, two of them, that is, Tho­mas The issue of Cathe­rin Svvin­fords chil dren. duke of Excester, and Henry Cardinal and Bishop of Winchester, dyed vvithout issue, Iohn the eldest sonne that vvas earle of So­merset had issue two sonnes, Iohn and Ed­mond, Iohn that vvas duke of Somerset had issue one only daughter, named Margeret vvho vvas married to Edmond Tidder earle of Richmond, by whom he had a sonne named K. Hēry 7. Henry, earle also of Richmond, vvho after vvas afterward made king, by the name of Henry the seuēth, & was father to K. Henry the eight, and grand father to the Q. maiestie that now is, & this is the issue of Iohn the first sonne to the duke of Somerset.

Edmōd the secōd sonne to Iohn earle of So­merset, was first earle of Mortaine, and then The du­kes of So­merset. after the death of his brother Iohn (vvho dyed vvithout issue male as hath bin said) vvas created by king Henry the sixte duke of Somerset, and both he and almost al his [Page 48] kyn vvere slayne in the quarrel of the said king Henry the 6. and for defence of the house of Lācaster, against York. For first this Edmōd himselfe was slayne in the battel of S. Albanes, Polidor. hist. Ang. lib. 23. against Richard duke and first pretender of Yorke, in the yeare 1456. leauing behind him three goodly sonnes, to wit, Henry Edmond & Hollings in vita Edvvadi 4. pa. 1314 & 1340. Iohn, vvherof Henry succeded his father in the duchy of Sommetset, and vvas taken and be­headed in the same quarrel at Exham, in the yeare 1463. dying vvithout issue. Edmond likewise succeded his brother Henry in the duchy of Sommerset, and vvas taken in the battel of Tewkesbury in the same quarrel, and ther beheaded the 7. of May 1471. leauing no issew, Iohn also the third brother marques of Dorset vvas slayne in the same battel of Tew­kesbury, and left no issue, and so in these tvvo noble men ceased vtterly al the issue male of the line of Lancaster, by the children of Iohn of Gaunt, begotten vppon lady Swinford his third vvife, so that al vvhich remayned of this vvoman, vvas only Margeret Countesse of Richmond, mother to king Hēry the 7. which king Henry the 7. and al that do descende from him in Ingland, or out of Inglande, do hold the right of Lancaster, only by this third ma­riage VVhat heyres of Lancaster novv ro­maine in of Catherine Swinford, as hath bin she­wed, and no wayes of Blanch the first vvife, or of Constance the second, and this is enough in this place of the discents of Iohn of Gaunt, and of the house of Lancaster, and therfore I shal [Page 49] now passe ouer to shew the issue of the howse of York.

I Touched breefly before, how Edmond Langley duke of Yorke fourth sonne of king The issue of the house of York. Edward the third, had two sonnes, Edward earle of Rutland, and duke of Aumatle, that succeded his father afterward in the duchy of Yorke, and vvas slayne vvithout childrē vnder king Henry the 5. in the battayle of Egencourt in France, and Richard earle of Cambridge vvhich marryed lady Anne Mortimer, as before hath bin said, that was heyre of the house of Richard Earle of Cambri­ge execu­ted. Clarence, to wit of Leonel duke of Clarence, second sonne to king Edward the third, by vvhich marriage he ioyned together the two titles, of the second & fourth sonnes of king Edward, and being himselfe conuinced of a conspiracy against king Henry the 5. vvas put to death in Southampton in the yeare of Christ 1415. and third of the reygne of king Hēry the 5. and fift day of August.

This Richard had issue by lady Anne Mor­timer a sonne named Richard, vvho succeded his vncle Edward duke of Yorke in the same duchy, and afterward finding himselfe strong, made clayme to the crowne in the behalfe of Richard duke of York slayne. his mother, and declaring himselfe chiefe of the faction of the white rose, gaue occasion of many cruel battailes against them of the red rose and house of Lancaster, and in one of the battels vvhich vvas giuen in the yeare 1460. at Wakfilde, himselfe was slayne, leauing be­hind [Page 50] him three sonnes, Edward George and Richard, wherof Edward vvas afteward king of Ingland by the name of Edward the fourth, George was duke of Clarence, and put to death in Calis in a butte of secke or malmesie by the commandement of the king his brother, & Ri­chard was Duke of Glocester and afterward king by murthering his owne two nephewes, and was called king Richard the third.

Edward the eldest of these three brothers, which afterward was king, had issue two Edvvard duke of York and King his issue. sonnes Edward & Richard, both put to death in the tower of London by ther cruel vncle Richard, he had also fiue daughters, the last fowre wherof I do purposly omitt, for that of none of them ther remayneth any issue, but the eldest of al named Elizabeth was marryed to king Henry the 7. of the house of Lancaster, and had by him issue, king Henry the 8. and tvvo daughters, the one marryed vnto Scotlād, vvherof are discended the king of Scots and Arbella, & the other matryed to Charles Bran­don duke of Suffolk, vvherof are issued the children of the earles of Hartford and Darby, as after more at large shalbe handled, and this is the issue of the first brother of the house of Yorke.

The second brother George duke of Cla­rence had issue by his wife lady Isabel heyre to the earldomes of Warwick and Salisbury, one sonne named Edward earle of Warwick, vvho vvas put to death afterward in his youth, by [Page 51] King Henry the 7. and left no issue, this duke George had also one daughter named Marga­ret admitted by King Henry the eight (at what tyme he sent her into wales with the princesse Mary) to be coūresse of Salisbury, but yet mar­ryed very meanely to a knight of vvales, named Syr Richard Poole, by whom she had foure The lyne of the Pooles. sonnes, Henry, Arthur Geffrey, and Renald, the lastvvherof vvas Cardinal, and the other two Arthur and Geffrey had issue, for Ar­thur had two daughters Mary and Margaret, Mary was married to Sir Iohn Stanny, & Mar­garet to Sir Thomas fitzharbert, Sir Geffrey Poole, had also issue an other Geffrey Poole, and he had issue Arthur and Geffrey which yet liue.

Now then to returne to the first sonne of the countesse of Salisbury named Henry, that vvas Lord Montague, and put to death both he and his mother, by king Henry the 8. this man I say, left two daughters, Catherine and vvenefred, Catherine was married to Sir Fran­cis Hastings earle of Huntington, by vvhich The lyne of the ha­stings. marriage issued Sir Henry Hastings now earle of Huntington, and Sir Georg Hastings his brother, who hath diuers children. And Wene­fred the yonger daughter vvas married to Sir The Ba­ringtons. Thomas Barington knight, vvho also wanteth notissue, and this is of the second brother of the house of Yorke, to vvit, of the duke of Clarence.

[Page 52]The third brother Richard duke of Glocester King Ri­chard 3. and afterward king, left no issue, so as this is al that is needful to be spoken of the house of York, in which vve see that the first and prin­cipal competitor is the king of Scots, and after him Arbella, and the children of the earles of Hartford and Darby are also competitors of the same house, as discended by the daughter of the first brother, Edward duke of Yorke, and king of England, and then the Earle of Hun­tington and his generation, as also the Pooles, Barringtons, and others before named, are or may be titlers of York, as descended of George duke of Clarence, second sonne of Richard duke of Yorke, all vvhich issue yet seme to re­mayne only within the compasse of the house of Yorke, for that by the former pedegre of the house of Lancaster it seemeth to the fauorets of this howse that none of these other cōpeti­tors are properly of the line of Lancaster, for that king Henry the 7. comming only of Iohn of Gaunt by Catherin Swinford his third wife, could haue no part in Lady Blanch that vvas only inheritour of that house, as to these men seemeth euident.

Only then it remaineth for the ending of this chapter, to explane some-what more clearly the discent of king Henry the 7. and of his issue. for better vnderstanding vvhereof you must consider, that king Henry the 7. being of the house of Lancaster, in the manner that you haue heard, and marrying Elizabeth the eldest [Page 53] daughter of the contrary house of Yorke, did seeme to ioyne both houses together, & make an end of that bloody controuersie, though Issue of king Hen­ry the 7. others now wil say no, but how soeuer that vvas (vvhich after shalbe examined) cleere it is, that he had by that mariage one only sonne, that left issue, and two daughters, his sonne vvas king Henry the 8. vvho by three seueral wiues, had three children that haue reigned after him, to vvit king Edward the 6. by Queene Iane Seymer, Queene Mary by Queene Catherine of Spaine, and Queene Elizabeth by Queene Anne Bullen, of al which three children no issue hath remayned, so as now vve must re­turne to consider the issue of his daughters.

The eldest daughter of king Henry the 7. named Margaret vvas married by her first ma­riage, Issue of the lady Mary of Scotland. to Iames the fourth king of Scots, vvho had issue Iames the 5. & he againe Lady mary, late Queene of Scots, and dowager of France, put to death not long ago in Ingland, vvho left issue Iames the 6. now king of Scots. And by her second mariage the said Lady Margeret after the death of king Iames the 4. tooke for husband Archebald Duglas, earle of Anguys in Scotland, by whom she had one only daugh­ter, named Margeret which vvas married to Mathew Steward, earle of Lenox, and by him she had two sonnes, to vvit Hēry Lord Darly, and Charles Steward, Henry marryed the foresaid Lady Mary Queene of Scotland & vvas murthered in Edinbrough in the yeare [Page 54] 1566. as the world knoweth, and Charles his brother marryed Elizabeth the daughter of Sir William Candish in Ingland, by whom he had one only daughter yet liuing named Arbella, an other competitor of the crowne of Ingland, by the house of Yorke, and this much of the first daughter of kinge Henry the 7. Mary the secōd daughter of king Henry the 7. & yonger Issue of mary 2. sister to K. Henry. sister to king Henry the 8. vvas maried first to Lewis the 12. king of Frāce, by whom she had no issue, and afterward to Charles Brandon duke of Suffolk, by whō she had two daugh­ters, to witt, Frances and Elenor, the lady Fran­cis vvas marryed first to Henry Gray marques of Dorset, & after duke of Suffolk, behedded by Queene mary, and by him she had three daughters, to vvit lane, Catherine, and Mary: the lady Iane eldest of the three, was married to Lady Francis. L. Guylford Dudly, sonne to Iohn Dudly late duke of Northumberland, vvith whom (I meane with her husband & father in law) she was beheaded soone after for being proclay­med Queene, vppon the death of king Edward the fixt: the lady Catherine second daughter maryed first the lord Henry Herbert earle of Penbroke, and left by hym again she dyed af­terward Stovv. An. 7. Edvvard 6. in the tower, wher she vvas prisoner for hauing had two childrē by Edward Seymer earle of Hartford, vvithout sufficient proofe that she vvas married vnto him, and the tvvo children are yet liuing, to vvit, Henry Seymer, commonly called lord Beacham, and Edward [Page 55] Seymer his brother. The lady mary the third sister though she was betrothed to Arthur lord Gray of vvilton, and maryed after to Martin keyes gentleman porter, yet hath she left no issue, as far as I vnderstand.

This then is the end, of the issue of Lady Francis, first of the two daughters of Queene Mary of France by Charles Brandon duke of Suffolk, for albeit the said lady Francis, after the beheading of the said Henry Lord Gray duke of Suffolk her first husband, married againe one Adrian Stokes her seruant, & had a sonne by him, yet it liued not, but dyed very soone after.

Now then to speak of the yonger daughter of the said Frenche Queene and duke, named Of Lady Elen or of Suffolk. Elinor, she vvas married to Henry Clifford Earle of Comberlād, who had by her a daugh­ter named Margaret that vvas married to Lord Henry Stanley earle of Darby, by whom she hath a plentiful issue, as Ferdinand now earle of Darby William Stanley, Francis Stanley, and others, and this is al that needeth to be spoken of these discents of our Inglish kings, princes, peeres or competitors to the crowne for this place, and therfore now it resteth only that vve begin to examine what different pretentions are framed by diuers parties, vppon these dis­sents and genealogies, vvhich is the principal point of this our discourse.

OF THE GREAT AND GENERALL CONTROVERSIE AND CONTENTION BETVVEENE the two houses royal of Lancaster and York, and which of them may seeme to haue had the better right to the crowne by way of succession.
CAP. IIII.

AND first of al before I do descend to treat in particuler of the different pretences of seueral persons and families, that haue issued out of these two royal linages of Lancaster and Yorke, it shal perhaps not be amisse, to discusse with some attention, what is, or hath, or may be said, on both sides for the general contro­uersie that lyeth betweene them, yet vndescided in many mens opinions, notwithstanding their hath bin so much sturr about the same, & not only writing and disputing, but also figh­ting and murthering for many yeares. And truly if we looke into diuers histories recordes Varietie of au­thores opinions about this con­trouersie. and authors vvhich haue written of this mat­ter, vve shal find that euery one of them spea­keth commonly according to the tyme wherin they liued, for that al such as wrote in the tyme of the three Henries, fourth, fift, and sixt kings of the house of Lancaster, they make the title of Lancaster very cleare, and vndoubted, but such others as wrote since that tyme ( [...] the house of Yorke hath held the scepter) they haue spoken in far different manner, as [Page 57] namely Polydor that wrote in king Henry the 8. his tyme, and others that haue followed him since, do take al right from the house of Lan­caster, and giue the same to the house of Yorke, Polydor in fine vit. Henr. 3. & initio vit. Henr. 4. & in vit. Rich. An. 1386. wherfore the best waye I suppose wilbe, not so much to consider vvhat historiographers do say according to their affections, or interests, as vvhat reasons, and profes be alleged of eue­ry side, for that by this, we shal more easely come to iudge where the right or wrong doth lye.

First therfore, the defendors of the house of Yorke do alleage, that their title is playne and The alle­gations of the house of yorke. euident, for that as in the former chapter hath bin declared, Richard duke of Yorke first pre­tender of this house, vvhose father vvas sonne to Edmond Langley duke of Yorke, fourth sonne of king Edward the third and his mo­ther Anne Mortimer that vvas neece once re­moued, and sole heyre to Leonel duke of Cla­rence, second sonne of the said king Edward, this Richard (I say) duke of York pretended, that for so much as he had tvvo titles ioyned together in himselfe, and vvas lawful heyre as vvel to duke Leonel the second brother, as to duke Edmond the fourth, that he vvas to be preferred in succession of the crowne after the death of king Richard the second, heyre of the first sonne of king Edward, before the issue of Iohn of Gaunt that vvas but third sonne to the said king Edward, and consequently that Hēry Bolenbrook Iohn of Gaunts sonne duke of [Page 58] Lancaster, called afterward king Henry the fourth, entred the crowne by tyrāny & violēce, first for deposing, the true and lawful king Ri­chard, and secondly for taking the kingdome vppon himselfe, vvhich kingdome after the death of the foresaid king Richard (which happened in the yeare 1399) belonged to Ed­mond mortimer Earle of march, then liuing, and after his death to Anne Mortimer his sister, marryed to Richard earle of Cābridge father to this Richard pretendent duke of Yorke, as hath bin said, for that this Edmond and Anne Mor­timer were children to Roger Mortimer sonne of Phillip that vvas daughter to duke Leonel, vvhich Leonel vvas elder vncle to king Ri­chard, and before Iohn of Gaunt the yon­ger brother, vvhose sonne tooke the crovvne vppon him.

For the better vnderstanding of which pre­tence and allegation of the house of Yorke The sto­rie of the contro­uersie be­tvveene Lancaster & York. against Lancaster, we must note the story follo­wing, to wit, that king Edward the third, seing in his old age, that prince Edward his eldest sonne, whom of al his children he loued most dearly, was deade (though their vvanted not much doubt in some mēs heads as after shalbe shewed vvho ought to succede) yet the old man for the exceeding affection he bare to the dead prince, vvould heare nothing in that behalfe, but appointed Richard the said prince Edwards only sonne and heyre to succed him in the kingdome, and made the same to be [Page 59] confirmed by act of parlament, and inforced al his children then a liue, to svveare to the same, which were Iohn of Gaunt, duke of Lan­caster, his third and eldest sonne that then li­ued, (for Leonel his second sonne duke of Clarence, vvas dead before) and Edmond Lan­gley and Thomas Woodstock earles at that tyme but after dukes of Yorke & Glocester, & so king Richard reigned with good obedience of his vncles and their children for 20. yeares together, but in the end when he grew inso­lent & had put to death his vncle the duke of Glocester together vvith the earle of Arundel, and banished many others of the nobility, and among them the Archbishop of Can­terbury, as also his owne cosin germaine Henry duke of Hereford, & after of Lancaster, sonne and heyre of Iohn of Gaunt, and had made many wicked statutes aswel against the church and state Ecclesiastical, as also to in­tangle Polydor. in vita Richard. 2. lib. 20. the realme and nobility with fayned crymes of treason against his regaltie, as then he termed them, the principal men of the realme seing a fit occasion offred by the kings absence in Ireland, called home out of France the foresaid Henry duke of Lancaster, vvith the Archbishop of Canterbury, earles of Arundel and Warwick, and others which vvere in banishment, and by common consent gathered vppon the suddaine such an army to assist them in Ingland, as they took the king, King Ri­chards de position. [Page 60] brought him to London, and there in a parla­ment laying together the intollerable faults of his gouerment, they depriued him of al regal dignity, as before they had done to his great grandfather king Edward the second, & then by vniuersal consent of the parlament and people their present, they chose & admitted the said Henry duke of Lancaster to be their king, vvho continewed so al the daies of his life, and left the crowne vnto his sonne, and sonnes sonne, after him, by the space of threescore yea­res, vntill this Richard before named duke of Yorke, made chalenge of the same in manner and forme as before hath bin shewed.

Now then the storie being this, the question is first, whether Richard the second were iustly Cheefe points of the con­trouersie betvvee­ne Lan­caster and York. deposed or no, and secondly whether after his deposition the house of Yorke or house of Lā ­caster should haue entred, and thirdly if the house of Lancaster did commit any wronge or iniustice at their first entrance to the crowne, yet whether the continuance of so many yeares in possession, vvith so many approbations and confirmations therof by the common vvealth vvere not sufficient to legitimate their right.

Concerning vvhich points many things are alleaged by the fauourers of both families, and Three pointes about king Ri­chards depositiō in the first pointe touching the lawfulnes or vnlawfulnes of king Richards deposition, three articles especially do seeme most considerable, to wit, about the thing in it selfe whether a lawful king may be deposed vppon iust causes, [Page 61] & secōdly about these causes in king Richards deposition, to vvit, vvhether they vvere iust or sufficient for deposition of the said king, and lastly, about the manner of doing it, vvhether the same were good and orderly or not.

And touching the first of these three pointes, vvhich is, that a king vppon iust causes may be That a trevv K. maye be deposed. deposed I thinke both parties though neuer so contrary betweene themselues, vvil easely agree, and the Ciuil lawyer seemeth to me to haue proued it so euidently before throughout his vvhole discourse, as I thinke very litle may be said against the same. For he hath declared (if you remember) both by reason authority & examples of al nations Christian, that this may and hath and ought to be done, vvhen vrgent occasions are offred. And first by reason he she­weth it, for that al kingly authority is giuen [...]. Reason. them only by the common wealth, & that with this expresse condition, that they shal gouerne according to law and equity, that this is the cause of their exaltation aboue other men, that this is the end of their gouerment, the butt of their authority, the starr and pole by vvhich they ought to direct their sterne, to witt, the good of the people, by the vveale of their sub­iects, by the benefite of the realme, vvhich end being taken away or peruerted, the king be­commeth a tyrant, a Tigar, a fearse Lion, a rauening wolfe, a publique enimy, and a bloody murtherer, vvhich vvere against al reason both natural and moral, that a common [Page 62] wealth could not deliuer it selfe from so emi­nent a distruction.

By authority also you haue heard it proued, of 2. Autho­rity. al law-makers, Philosophers, Lawyers, Diuines and Gouernours of common vvealthes, vvho haue set downe in their statutes and ordonan­ces that kings shal sweare and protest at their entrance to gouerment, that they vvil obserue and performe the conditions their promised, & otherwise to haue no interest in that dignity, & soueraintie.

By examples in like manner of al realmes 3. Exam­ples. christian he declared, how that often-tymes they haue deposed their princes for iust cau­ses, and that God hath concurred and assi­sted wonderfully the-same, sending them commonly very good kings after those that vvere depriued, and in no country more then in Ingland it selfe, yea in the very lyne and fa­milye of this king Richard, vvhose noble grand-father king Edward the third vvas ex­alted to the crowne by a most solemne de­position of his predecessor king Edvvard the second, vvherfore in this point their can be litle controuersie, and therfore vve shal passe vnto the second, vvhich is, vvhether the causes vvere good and iust for which this king Richard vvas esteemed vvorthy to be de­posed.

And in this second pointe much more dif­ference VVhether the cau­ses vvere their is betwixt Yorke and Lancaster, [Page 63] and betwene the vvhite rose and the redd, for sufficient of King Rich. de­position. that the house of Yorke seeking to make the other odious, as though they had entred by tyrannie & cruelty, doth not stick to auouch, that king Richard vvas vniustly deposed, but against this the house of Lancaster alleageth first, that the howse of Yorke cā not iustly saye this, for that the chiefe prince assistant to the deposing of king Richard, vvas lorde Edmond hymselfe duke of Yorke and head of that fami­lie, together with Edward earle of Rutland & duke of Aumarle, his eldest sonne and heyre, yea and his yonger sonne also Richard earle of Cambrige, father to this Richard that now pretēdeth, for so do write both Stow Hollings­head and other chroniclers of Ingland, that those princes of the howse of Yorke, did prin­cipally assist Hēry duke of Lancaster in getting the crowne, and deposing king Richard, & Po­lidor The house of York chiefe doer in deposing King Ri­chard. speaking of the wicked gouerment of king Richard, and of the first cogitation about deposing him vvhen king Henry of Lancaster vvas yet in France, banished, and seemed not to thinke of any such matter, he hath these words. Sed Edmundo Eboracensium duei, eares cum Polyd. lib. 20. histor. Angl. primis bilem commouit, quod rex omnia iam iura peruerteret, quòd antea parricidio, & postea rapinis se obstrinxisset, &c. That is, ‘this matter of the wicked gouerment of king Richard, did principally offend his vncle Edmond duke of Yorke, for that he saw the king novv to [Page 64] peruert al law and equity, and that as before he had defiled himselfe vvith parricide, that is, with the murther of his owne Vncle the duke of Glocester, brother to this Edmond, so now he intangled himselfe also vvith rapine, in that he tooke by violence the goods and inheri­tance of Iohn ofGaunt, late deceased, vvhich did belong to Henry duke of Lancaster, his cosen germaine,’ by which wordes of Polidor as also for that the duke of Lancaster cōming out of Britayne accompaned only with three Addit ad Polycro­micon. score persons, (as some stories say) chose first to goe into Yorke-shire and to enter at Ra­uenspurr at the mouthe of Humber, as al the vvorld knoweth (which he would neuer haue done if the princes of Yorke had not princi­pally fauoured him in that action) al this (I say is an euident argumēt that these princes of the house of Yorke were then the chiefe doers in this deposition, and consequently cannot alleage now with reason that the said Richard was deposed vniustly.

Secondly the house of Lancaster, alleageth for the iustifying of this deposition, the opi­nions Testimo­ny of sto­ries. of al historiographers, that euer haue written of this matter, vvhether they be In­glish French Duch Latine, or of any other na­tion or language, vvho al with one accord do affirme, that king Richards gouerment vvas intolerable, & he worthy of deposition, wherof he that wil se more let him reade Thomas of [Page 65] Walsingham, and Iohn Frosard in the life of king Richard.

Thirdly they of Lancaster do alleage, the The euil gouermēt of king Richard. particuler outrages and insolences of king Ri­chards gouerment, and first the suffring him­selfe to be carryed away with euil counsel of his fauorites and thē the peruerting of al lawes generally vnder his gouerment, as before you haue hard out of Polidor, the ioyning vvith his my niōs for opressing the nobility of which Stow hath these vvordes. The king being at Bri­stow Stovv in vit. Rich. 2. pag. 502 regni 11. with Robert de Vere duke of Ireland, & Michael de la Pole Earle of Suffolke, deuised how to take away the duke of Glocester, the earles of Arundel, VVarwick, Darby and Notingham, and others whose deathes they conspired: thus sayeth Stow. And soone after they executed the most par of their deuises, for that Thomas of Woodstock duke of Glocester, vvas made away vvithout law or processe, the earle of Arundel also vvas put to death, and VVar­wick vvas banished, and so was also Thomas Arundel Archbishop of Canterbury, by like injustice, and the like was done to Henry duke of Hereford, and after of Lancaster, and among other insolences he suffred Robert Vere to dishonour and put from him his vvife, a noble and goodly yong Lady (as Stow sayeth) and borne of Lady Isabel king Richards aunt, that vvas daughter to king Edward the third, and suffred Vere to marry an other openly to her Agreat insolēcy. disgrace and dishonour of her kynred. And finaly in the last parlament that euer he held, [Page 66] which vvas in the 21. yeare of his reigne, commonly called the euel parlament, he would needs haue al authority absolute graunted to certaine fauourits of his, which Thomas Walsingham saith, were not aboue 6. or 7. to determine of all matters vvith al ful au­thority, as if they only had bin the vvhole realme, vvhich vvas nothing in deede but to take al authority to him selfe only, and Stow in his chronicle hath these wordes following. This parlameut began about the 15. of September in the yeare 1397. at the beginning wherof, Ed­ward The euel parlamēt Stovv an. 21. regni Richard. Stafford Bishop of Exceter Lord Chancellor of Ingland made a proposition or sermon, in which he affirmed that the power of the king, was alone, and perfit of it selfe, and those that do impeatch it were worthy to suffer paine of the law, &c. thus saith Stow, by al vvhich is euident, how exorbitant and contrary to al law and equity this kinges gouerment vvas.

Fourthly and lastly, those of Lancaster do alleage for iustifying of this depriuation, that The duke of Lan­easter cal­led by common request. duke Henry vvas called home by expresse let­tres of the more and better part of al the re­alme, and that he came vvholy (in a manner) vn-armed considering his person, for that fro­sard sayeth he had but three shippes only out of Britanie, and Walsingham saith he had but 15. Lances and 400. footmen, and the addi­tions Frosard. VValsin­gham. to Polychronicon as before I noted, do auouch, that when he landed at Rauenspurt [Page 67] in the county of Yorke, he had but three­score men in al to begin the reformation of his realme against so potent a tyrant, as King Richard was then accompted, and yet vvas the concourse of al people so great and general vnto him, that within few dayes he achiued the matter, and that without any battaile or bloodshed at al, & thus much for the iustnes of the cause.

But now if we vvil consider the manner and forme of this act, they of Lancaster do affirme VVhe­ther the manner of depo­sing King Richard vvere good. also that it could not be executed in better nor more conuenient order. First for that it vvas done by the choise and inuitation of al the realme or greater and better parte therof as hath bin said. Secondly for that is vvas done vvithout slaughter, and thirdly for that the king vvas deposed by act of parlament, and himselfe conuinced of his vnworthy gouer­ment, and brought to confesse that he vvas vvorthely depriued, and that he vvillingly and freely resigned the same: nether can their be any more circumstances required (saye these men) for any lavvful deposition of a Prince.

And if any man wil yet obiect and saye that notwithstanding al this their vvas vio­lence, for that duke Henry was armed and by force of armes brought, this to passe, they of Lancaster do answere, that this is true, that he brought the matter to an [...] [Page 70] Roboam for the sinnes of Salomon his father, 1. Roboam deposed by his subiects of ten tri­bes. and yet spare him also in parte for the sake of his grand father Dauid, he caused a rebellion to be raysed against him by Ieroboam his ser­uant, and more then three partes of foure of his people, to rebell against him, and this by Gods owne instinct and motion, and by his ex­presse allowance therof after it vvas done, as the scripture auoucheth, and if Roboam had fought against them, for this fault (as once he had thought to do and vvas prepared vvith a mayne army) no doubt but they might haue lawfully stayne him, for that now these tenn tribes that for-sooke him had iust authority to depose him, for his euel gouerment, and for 2. Reg. 11 & 12. not yealding to their iust request made vnto him, for easing them of those greuous tributes laid vppon them, as the scripture reporteth. For 2. Paralip. cap. 10. albeit God had a meaning to punish him, for the sinnes of his father Salomon, yet suffred he that Roboam also should giue iust occasion him selfe for the people to leaue him, as appe­reth by the story, and this is Gods highe vvis­dome iustice, prouidence, and swete disposition in humane affaires.

An other example of punishing and depo­sing euel Princes by force, they do alleage out of the first booke of kings, wher God appoin­ted Ioram & his mo­ther Iesa­bel depo­sed by force. Elizens the Prophet to send the sonne of an other Prophet to annoynt Iehu, Captaine of Ioram, king of Israel, vvhich Ioram was sonne to the Queene Iezabel, and to persuade Iehu [Page 71] to take armes against his said king, and against his mother the Queene, and to depriue them both, not only of their kingdomes but also of their liues, and so he did, for the scripture saith, Coniurauit ergo Iehu contra Ioram. Iehu did con­iure 4. Reg. 9. and conspite at the persuasion of this Pro­phet, vvith the rest of his fellow Captaines, against his king Ioram, and Queene Iezabel the kinges mother, to put them downe, and to put them to death with al the ignomy he could deuise, and God allowed therof, and per­swaded the same by so holy a Prophet as Eli­zeus vvas, wherby we maye assure our selues that the fact was not only lawfull but also most godly, albeit in it selfe it might seeme abhomi­nable.

And in the same booke of kings within two chapters after, there is an other example how 5. Athalia depriued by force. God moued loiada high priest of Ierusalem to persuade the Captaines and Coronels of that cittye to conspire against Athalia the Queene that had reigned 6. yeares, and to arme them selues with the armor of the temple, for that 4. Reg. 11. purpose, and to beseige the pallace wher she lay, and to kill al them that should offer or goe about to defend her, & so they did, and hauing taken her aliue, she vvas put to death also by sentence of the said high priest, and the fact vvas allowed by God, and highly commended in the scripture, and Ioas yong king of the blood royal was crowned in her place, & al this might haue bin done as you see without such [Page 72] trouble of armes, & bloodshed, if God vvould, but he appointed this seueral meanes for wor­king of his wil, and for releeuing of common wealthes oppressed by euel princes. And this seemeth sufficient proofe to these men, that king Richard of Ingland might be remoued by force of armes, his life and gouerment being so euel and pernitious as before hath bin she­wed.

It remayneth then that vve passe to the se­cond VVhe­ther Lan­caster or Yorke should haue en­tred after king Ri­chard. principal pointe proposed in the begi­ning, vvhich was, that supposing this depriua­tion of king Richard vvas iust and lawful, vvhat house by right should haue succeded him, ether that of lācaster as it did, or the other of Yorke.

And first of al it is to be vnderstood, that at that very tyme vvhen king Richard vvas de­posed, the house of Yorke had no pretence or little at al to the crowne, for that Edmond Mortimer earle of march, nephew to the lady Phillip, vvas then aliue, with his sister Anne Mortymer marryed to Richard earle of Cam­brige, by vvhich Anne the howse of Yorke did after make their clayme, but could not do so yet, for that the said Edmond her brother was liuing, and so continued many yeares after, as appeareth, for that wee reade that he vvas aliue 16. yeares after this, to witt, in the third yeare of the raigne of king Henry the fift vvhen his said brother in law, Richard earle of Cambrigs vvas put to death, in South­hampton [Page 73] vvhom this Edmond appeached as after shalbe shewed, and that this Edmond vvas now earle of March when king Richard vvas deposed, and not his father Roger (as Po­lidot mistaketh) is euident, by that that the said Polidor L. 20. in vit. Richard. Roger vvas slayne in Ireland, a litle before the depositiō of King Richard, to witt, in the yeare 1398. and not many monethes after he had bin declared heyre apparent by king Richard, and Rogers father named Edmond also, hus­band of the lady Phillip, dyed some three yeares before him, that is, before Roger, as after wilbe seene, so as seing that at the de­position of king Richard, this Edmond Mor­timer elder brother to Anne was yet liuing, the question cannot be whether the house of Yorke should haue entred to the crowne presently after the depriuation of kinge Ri­chard, for they had vet no pretence as hath bin shewed, but whether this Edmond Mor­timer, as heyre of Leonel duke of Clarence, or els Henry the duke of Lancaster heyre of Iohn of Gaunt should haue entred. For as for the house of Yorke their was yet no que­stion, as appereth also by Stow in his chro­nicle, Stovv [...] vita Ri­chard. 2. vvho setteth downe how that after the said deposition of Richard, the Archbishop of Canterbuty asked the people three tymes, whom they would haue to be their king, vvhe­ther the duke of Yorke their standing present or not, and they answered no: and then he asked the seronde tyme if they vvould haue his [Page 74] eldest sonne, the duke of Aumaile, and they said no, he asked the third tyme, yf they would haue his yongest-sonne, Richard earle of cam­bridge, and they said no. Thus writeth Stow, vvher-by it is euident. that albeit this earle of Cabridge had married now the sister of Edmōd Mortimer, by whom his posterity claymed af­terward, yet could he not pretend at this tyme, her brother being yet aliue, who after dying vvithout issue, left al his right to her, & by her to the house of Yorke: for albeit this earle Ri­chard neuer came to be duke of Yorke, for that he vvas beheaded bv king Henry the fift at Southampton as before hath [...] said, vvhile his elder brother vvas a lyue, yet left he a sonne named Richard, that after hym came to be duke of Yorke, by the death of his vncle Ed­mund duke of Yorke that dyed vvithout issue, as on the other side also by his mother Anne Mortimer, he vvas earle of March, and was the first of the house of Yorke that made title to the crowne.

So that the question now is, whether after the deposition of king Richard, Edmond Mor­timer VVhe­ther the earle of march or duke of Lancaster should haue luc ceded to king Ri­chard. nephew remoued of Leonel (which Leo­nel vvas the second sonne to king Edward) or els Henry duke of Lancaster, sonne to Iohn of Gaunt (which Iohn vvas third sonne to king Edward) should by right haue succeded to king Richard, and for Edmond is alleaged, that he was heyre of the elder brother, and for Hēry is said, that he vvas neerer by two degrees to [Page 75] the stemme or last king, that is to say, to king Richard deposed, then Edmond was, for that Henry vvas sonne to king Richards vncle of Lancaster, and Edmond was but nephew re­moued, that is to say, daughters sonnes sonne, to the said king Richards other vncle of Yorke. And that in such a case, the next in degree of consanguinitie, to the last king, is to be prefer­red (though he be not of the elder lyne) the fa­uourers of Lancaster alleage many proofes, wher of some shalbe touched a litle after: & we haue seene the same practized in our dayes in France, where the Cardinal of Burbone by the iudgement of the most part of that realme, was preferred to the crowne for his propinquity in blood to the dead king, before the king of Na­uarre, though he were of the elder lyne.

Moreouer it is alleaged for Henry that his title came by a man, and the others by a vvo­man, The title of Yorke is by a VVomā. vvhich is not so much fauoured either by nature law or reason, and so they saye that the pretenders of this title of lady Phil­lippe that vvas daughter of duke Leonel, ne­uer opened their mouthes in those dayes to clayme, vntil some 50. yeares after the de­position & death of king Richard. Nay more Stovv in vit. Hen­rici 5 au 3. regni. ouer they of Lancaster say, that sixteene yeares after the deposition of king Richard, vvhen king Henry the fift vvas now in pos­session of the crowne, cerrayne noble mē, & especially Richard earle of Cambridge, that had marryed this Edmond Mortimers [Page 76] sister, offred to haue slayne king Henry and to haue made the said Edmōd Mortymer kinge, for that he was discended of duke Leonel, but he refused the matter, thinking it not to be ac­cording to equitie, and so vvent and discouered the whole treason to the king, wheruppō they vvere al put to death in Southampton, within fowre or fiue dayes after, as before hath bin The earle of Cam­brige ex­ecuted for con­spiracy. noted, and this hapened in the yeare 1415. and from hence foreward vntil the yeare 1451. and thirreth of the reigne of king Henry the sixt, vvhich vvas 36 yeares after the execution, done vppon these conspirators, no more mention or pretēce was made of this matter, at vvhat tyme Richard duke of Yorke began to moue troo­bles about it againe.

Thus say those of the house of Lancaster, but now these of Yorke haue a great argument for themselues, as to them it seemeth, vvhich is, that in the yeare of Christ 1385. and 9 yeare An obie­ction for Yorke that Ed­mond Morty­mer vvas declared heyre ap­parent. Polydor l. 20. & Stovv. in vit Rich. [...] an. 1385 of the reigne of king Richard the second it vvas declared by act of parlament (as Polidor writeth) that Edmond Mortimer, vvho had marryed Phillip daughter & heyre of Leonel duke of Clarence, and was grandfather to the last Edmond by me named, should be heyre apparent to the crowne, if the king should chance to dye without issue.

To which obiection those of Lancaster do answere, first, that Polidor doth err in the per­son, when he sayeth that Edmond husband of lady Philippe was declared for heyre apparent, [Page 77] for that his Edmond Mortimer that married lady Philippe, dyed peacably in Ireland three yeares before this parlament vvas holden, to witt, in the yeare of Christ 1382. as both Hol­lings Hollings-head in vit. Rich. 2. pag. 1088. Stovv. an. 1382. head Stow and other chroniclets do testi­fie, and therfore Polidor doth erre not only in this place about this man, but also in that in an other place he sayeth, that this Edmond so de­clared heyre apparent, by king Richard, vvas slayne by the Irish in Ireland 12. yeares after this declaration made of the succession, to vvit Polydor li. 20. an. 1394. in the yeare 1394. vvhich vvas in deede not this man, but his sonne Roger Mortimer, heyre to him, and to the Lady Phillip his wife vvho vvas declared heyre apparent, in the parlament afore said, at the instance of king Richard, and that for especial hatred & malice (as these men say) vhich he did beate against his said vncle the duke of Lancaster, and his sonne Henry, vvhom he desired to exclude from the suc­cession.

The cause of this hatred, is said to be, for that The cause of hatred be rvveeue king Ri­chard and the house of Lan­caster. presently vppon the death of prince Edvvard father to this Richard, which prince dyed in the yeare of Christ 1376. and but 10. monethes before his father king Edward the third: their vvanted not diuers learned and vvise men in Ingland, that were of opinion that Iohn of Gaunt duke of Lancaster, eldest sonne then li­uing of the said king Edward, should haue succeded his father, iure propinquitatis, before Richard that vvas but nephew, and one degree [Page 78] further of then he, but the old king vvas so extremly affectionate vnto his eldest sonne, the blacke prince Edward, newly dead, that he vvould not heare of any to succede him (as Frosard saith) but only Richard the said princes sonne. Wherfore he called presently Iohn fro­sard in histo. a parlament, vvhich vvas the last that euer he hold, and therin caused his said nephew Richard to be declared heyre apparent, and made his three sonnes then liuing, that were vncles to the youth, to vvitt Iohn of Gaunt, duke of Lancaster, and Edmond Langhly duke afterward of Yorke, and Thomas woodstock duke of Glocester, to sweare fealtie vnto Ri­chard, as they did. And albeit Iohn of Gaunt al his life after, for keping of his oth that he had made vnto his father, neuer pretended any right to the crowne, yet king Richard knowing vvel the pretence that he and his might haue, vvas stil afraid of him, and sought infinite meanes to be rydd of him, first by perswading him to goe and make vvarr in Spaine vvher he thought he might miscarry in so dangerous an attempt, and then offering Polydor. Hollings Stovv in vita [...] 2 to giue him al Aquitaine if he vvould leaue Ingland to goe & liue there, as he did for three yeares, vvith extreme peril, for that the people of Aquitaine would not receaue him, but rose against him, and refused his gouer­ment, and vvould not admitt him for their Lord, but appealed to the king, vvho also allowed therof, and so vvhen Iohn of Gaunt [Page 79] came home into Ingland againe, kinge Ri­chard thought no better way to vveaken him, then to banish his sonne, Henry duke of Herford, and so he did. And besides this, the said king Richard practised also by diuers secret drifts, the death of his said vncle the duke of Lancaster, as Walsingham witnesseth, Tho vvas­sing in vit Ri­chardi 2. pag. 341. & 344. and vvhen the said duke came at lenghte to dye, which vvas in the 22. yeare of king Ri­chards raigne he vvrote such ioyous letters therof (as frossard saith) to his father in law the sixt Charles king of France, as though he Iohn Fros sard in vit. Hēri. had bin deliuered of his chiefest enemy, not im­magining that his owne distructiō was so neere at hand, and much accelerated by the death of the said duke, as it was.

And these vvere the causes, say the fauo­rers of the house of Lancaster, why king Richard caused this acte of parlament to passe in fauour of Roger Mortimer, & in pre­iudice of the house of Lancaster, and not for VVhy Ro ger Mor­timer vvas de­clared heyre ap­parent. that the right of earle Mortimer, vvas bet­ter then that of the duke of Lancaster. And this they say is no new thing for princes often tymes to procure partial lawes to passe in parlament, for matter of succession, ac­cording to their owne affections, for the like (say they) did Edward the third procure in the fauour of this Richard, as before I haue shevved in the last parlament, before his death, and afterward againe king Richard the third vvith much more open [...], [Page 80] caused an act of parlament to passe in his dayes, vvherby his nephew Iohn de la pole earle of Lincolne, sonne to his sister Elizabeth duchesse Hollings. in vit. Ri­chard 3. pag. 1406. & in vit. Edvvard 6. pa. 1715 of Suffolke, vvas declared heyre apparent to the crowne, excluding therby the children of his two elder brothers, to vvit the daughters of king Edward the fourth, and the sonne and daughter of Georg duke of Clarence, vvhich yet by al order should haue gone before their sisters children.

And like facilitie founde king Henry the 8. to get the consent of two parlaments, to giue him authority to appointe what successor he would, of his owne kynred, by which au­thority afterward he apointed by his testament (as in an other place shalbe shewed) that the issue of his yonger sister mary, should be pre­ferred before the issue of his eldest sister Marga­ret, of Scotland.

A like declaration was that also, of king The de­claration of king Edvvard 6. in fa­uour of the Lady Iane Gray. Edward the sixt, of late memory, vvho ap­pointed, the lady Iane Gray his cosen germane remoued, to be his heyre and successor in the crowne of Ingland, and excluded his owne tvvo sisters, the lady Mary and the lady Eliza­beth from the same: but these declaratiōs make litle to the purpose vvhen right and equity do repugne, as these men say that it did, in the fore said declaratiō of Roger Mortimer, to be heyre apparent, for that they hold and auow the house of Lancaster, to haue had the true right to enter, not only after the death of king Ri­chard [Page 81] the second (as it did) but also before him, that is to say, immediatly vppon the death of king Edward the third, for that Iohn of Gaunt vvas then the eldest sonne, which king Edward had lyuing, and neerer to his father by a de­gree, then vvas Richard the nephew. About vvhich pointe to wit, vvhether the vncle or the nephew should be preferred in succession of kingdomes, it seemeth that in this age of K. Edward the third there vvas great trouble, and controuersy in the world abroad, for so te­stifieth Girard du Haillan Counceler and secre­tary of France, in his story of the yeare of Christ 1346. vvhich vvas about the middest of king Edwards reigne, and therfore no maruaile Girard de Haillan l. 15. his Fran. ini­tio. though king Edward tooke such care of the sure establishing of his nephew Richard in succession, as is before related. And much lesse maruail is it if king Richard had stil great ie­losy of his vncle the duke of Lancaster, and of his ofspring, considering how doubtful the question vvas among the wise and learned of those dayes. For more declaration vvher-of I thinke it not amisse to alleage the very vvordes of the foresaid chronicler with the examples by him recited, thus then he vvriteth.

‘About this tyme (sayeth he) their did arise a great and doubtful question in the world, whe­ther VVhe­ther vn­cles or nephe­vves to be preferred in Suc­cession. vncles or nephewes, that is to say, the yon­ger brother, or els the children of the elder, should succed vnto realmes and kingdomes, vvhich cōtrouersy put al christianity into great [Page 81] broyles and troobles. For first Charles the secōd king of Naples begar of Mary his wife Queene and heyre of Hungary, diuers children, but namely three sonnes, Marrel, Robert, and Phil­lip, [...] dying before his father left a sonne named Charles, vvhich in his grandmothers right vvas king also of Hungary, but about the kingdome of Naples the question vvas, vvhen king Charles was dead, who should suc­ceed him, either Charles his nephew king of Hungary, or Robert his second sonne, but Ro­bert vvas preferred and reygned in Naples, and enioyed the earldome of Prouince in France also, for the space of 33. yeares vvith great re­nowne of valor & wisdome. And this is one example that [...] recounteth, vvhich exam­ple is reported by the famoꝰ lawyer [...] Barthol. in [...] C. [...] & [...]. [...]. in his commentaries, touching the succession of the kingdome of Sicilia, and he saith, that this succession of the vncle before the nephew, vvas auerred also for rightful by the learend of that tyme, and confirmed for inst by the iudicial [...] of Pope Boniface, and that for the rea­sons which afterward shalbe shewed, vvhen vve shal treat of this question more in par­ticuler.’

‘An other example also reporteth Girard, The [...] of the [...] vvhich [...] immediatly after, in the same place, for that the forsaid king Robert, hauing a sonne named Charles, which dyed before [...] he left a daughter and heyre named Ioan, neece vnto king Robert, which Ioan was mar­ried [Page 83] to Andrew the yonger sonne of the fore­said Charles king of Hungary, but king Ro­bert being dead; ther stept vp one Lewis prince of Tarranto, a place of the same kingdome of Naples, who vvas sonne to Phillip before men­tioned, vonger brother to king Robert, vvhich Lewis pretending his right to be better then that of Ioan for that he vvas a man, and one de­gree neerer to king Charles his grand father then Ioan was, (for that he was nephew and she neece once remoued) he preuailed in like manner,’ and thus farr Gerrard historiographes of France.

And no doubt, but if we consider examples, that fell out euen in this very age only, concer­ning [...]. And ex­ample of the vncle before the ne­phevv in spayne. Garibay li. 13 cap. 14 and 1276. this controuersie betweene the vncle and nephew, we shal finde store of them: for in Spaine not long before this tyme, to wit, in the yeare of Christ 1276. vvas that great and fa­mous determination made by Don Alonso the wise, eleuenth king of that name, and of al his realme and nobility in their couites or parla­ment of Segouia, mentioned before by the Ci­uilian, wherin they disinherited the children of the prince Don Alonso de la Cerda that dyed (as our prince Edward did) before his father, and made heyre apparent Don Sancho brauo yonger brother to the said Don Alonso, and vncle to his children, the two yong Cerdas. Which sentēce standeth euen vnto this day, and king Phillip enioyeth the crowne of Spaine therby and the dukes of Medina Celi and their race that are [Page] discendentes of the said two Cerdas, vvhich vvere put backe, are subiects by that sentence, and not soueraines, as al the world knoweth.

The like controuersie fel out but very litle after, to vvit in the tyme of king Edward the An other example in France and Flan­ders. third in frāce, though not about the kingdome, but about the earldome of Artoys, but yet it was decided by a solemne sentence of two kings of France, and of the whole parlament of Paris, in fauour of the aunte against her nephew, which albeit it cost great troubles: yet vvas it defended, and king Phillip of Spaine holdeth the county of Artoys by it at this day, Polidor reporteth the story in this man­ner.

Robert earle of Artoys a man famous for his chiualry, had two children, Phillip a sonne and Maude a daughter, this maude vvas mar­ryed to Otho earle of Burgundy, and Phillip Polidor l. 25. in vit. [...] 3. dying before his father, left a sonne named Ro­bert the second, vvhose father Robert the first being dead, the question was vvho should succede, ether maude the daughter or Robert the nephew, and the matter being remitted vnto Phillip le Bel king of France, as chiefe Lord at that tyme of that state, he adiuged it to Maude, as to the next in blood, but vvhen Ro­bert repyned at this sentence, the matter vvas referred to the parlament of Paris, vvhich con­firmed the sentence of king Phillip, wher vp­pon Robert making his way with Phillip de Valoys that soone after came to be king of [Page 85] France, he assisted the said Phillip earnestly to bring him to the crowne, against king Edward of Ingland that opposed himselfe therunto, and by this hoped that king Phillip would haue re­uoked the same sentence, but he being once established in the crowne answered, that a sen­tence of such importance and so maturely gi­uen, could not be reuoked. Wheruppon the said Robert fled to the king of Inglands part against france, thus far Polidor.

The very like sentence recounteth the same An other example of Britan­ny. author to haue bin giuē in Ingland at the same tyme, and in the same controuersie, of the vncle against the nephew, for the succession to the dukedome of Britany, as before I haue related, wherin Iohn Breno earle of Montford, vvas preferred before the daughter and heyre of his elder brother Guy, though he vvere but of the halfe blood to the last duke, and she of the whole. For that Iohn the third duke of Britanny, had two brothers, first Guy of the vvhole blood, by father and mother, and then Iohn Breno his yonger brother by the fathers side only. Guy dying, left a daughter and heyre named Iane, married to the earle of Bloys, ne­phew to the king of France, vvho after the death of duke Iohn pretended in the right of his wife, as daughter and heyre to Guye the elder brother: but king Edward the third with the state of Ingland, gaue sentence for Iohn Breno, earle of Montford her vncle, as for him that vvas next in consanguinity to the dead [Page 86] duke, and with their armes the state of Ingland did put him in possession vvho flew the earle of Bloys as before hath bin declared, and ther-by Supra c. 2 gat possession of that realme and held it euer after, and so do his heyres at this day.

And not long before this againe, the like re­solution An other example in Scot­land. preuayled in Scotland, betweene the house of Balliol and Bruse, who were compe­titors to that crowne, by this occasion that now I wil declare. VVilliam king of Scots had issue tvvo sonnes Alexander that succeded in the The con­uentiō of the hou­ses of Balliol & Bruse in Scotland. crowne, and Dauid earle of Huntington: Alexander had issue an other Alexander, and a daughter marryed to the king of Norway, al which issue and lyne ended about the yeare 1290. Dauid yonger brother to king William, had issue two daughters, Margaret and Isabel, Margaret vvas married to Alaine earle of Gallo­way, and had issue by him a daughter that mar­ried Iohn Balliol Lord of Harcourt in Normā ­die, vvho had issue by her this Iohn Balliol founder of Balliol College in Oxford that now pretended the crowne, as discended from the eldest daughter of Dauid in the third discent.

Isabel the second daughter of Dauid, vvas married to Robert Bruse, Earle of Cleueland in Ingland, vvho had issue by her this Robert Bruse, earle of Carick, the other competitor. Now then the question betweene these two cō ­petitors was, vvhich of them should succeede, ether Iohn Balliol that was nephew to the elder daughter or Robert Bruse that vvas sonne to [Page 87] the yonger daughter, & so one degree more neere to the stock or stemme then the other. And albeit king Edward the first of Ingland, whose power vvas dreadful at that day in Scot­land, hauing the matter referred to his arbi­trement, gaue sentence for Iohn Bailliol, and Robert Bruse obeyed for the tyme, in respect partly of feare and partly of his oth that he had made to stand to that iudgment: yet vvas that sentence held to be vniust in Scotland, and so vvas the crowne restored afterward to Ro­bert Bruse his sonne, and his posterity doth hold it vnto this day.

In Ingland also it selfe, they alleage the ex­amples 8. Examples in Inglād. of king Henry the first preferred before his nephew William, sonne and heyre to his elder brother Robert, as also the example of king Iohn preferred before his nephew Ar­thur, duke of Britany, for that king Hen­ry the second had fower sonnes, Henry, Ri­chard, Geffrey, and Iohn, Henry dyed before his father vvithout issue, Richard reygned after him and dyed also vvithout issue: Geffrey also dyed before his father, but left a sonne named Arthur duke of Britanie, by right of his mother. But after the death of king Ri­chard, the question vvas vvho should succeede, to vvit, either Arthur the nephew or Iohn the vncle, but the matter in Ingland vvas soone decided: for that Iohn the vncle was preferred before the nephew Arthur, by reason he vvas more neere to his brother dead, by a degree [Page 88] then vvas Arthur. And albeit the king of Frāce and some other princes abroad opposed them­selues for stomack against this succession of king Iohn, yet say these fauourers of the house of Lancaster, that the Inglish inclined stil to acknowlege and admitt his right, before his nephew, and so they proclaymed this kinge Iohn for king of Ingland, vvhiles he vvas yet in Normandie, I meane Hubert Archbishop of [...] head in vit. Regis [...]. 142. Canterbury, Elenor the Queene this mother, Geffrey Fitzpeter chiefe iudge of Ingland (vvho knew also vvhat law meant therin) and others the nobles and Barons of the realme, vvithout making any doubt or scruple of his title to the succession.

And vvheras those of the house of Yorke do alleage, that king Richard in his life tyme, Hovv Ar­thur duke of Britan­ny vvas declared [...] ap­parent. vvhen he was to goe to the holy land, caused his nephew Arthur to be declared heyre appa­rent to the crowne, and therby did shew that his title vvas the better, they of Lancaster do answere, first, that this declaration of king Ri­chard, vvas not made by act of parlament of England, for that king Richard vvas in Nor­mandy vvhen he made this declaration, as playnly appeareth both by Polidor and Hol­lingshead. [...] 1. 14 [...] in vit. Ri­char. [...]. [...]. 420. 2. Secondly, that this declaration was made the sooner by king Richard at that tyme, therby to represse and kepe downe the ambi­tious humor of his brother Iohn, vvhom he feared least in his absence, if he had bin decla­red for heyre apparēt, might inuade the crowne, [Page 89] as in dede vvithout that, he was like to haue done, as may appeare by that which happened in his saide brothers absence.

3.Thirdly they shew, that this declaration of king Richard vvas neuer admitted in Ingland, neither duke Iohn would suffer it to be admit­ted, but rather caused the bishop of Ely that vvas left gouernour by king Richard, vvith cō ­sent of the nobility, to renownce the said de­claration of king Richard in fauour of Arthur, and to take a contrary oth to admitt the said Iohn, if king Richard his brother should dye vvithout issue, and the like oth did the said Bishop of Ely together withe the Archbishop of Roan, that was left in equal authority with Hollingli. in vit. Ri­char. [...] pag. 496. & 499. him, exact and take of the citizens of London, vvhen they gaue them their priuileges and li­berties of cōmunaltie, as Hollingshed recor­deth.

4.And lastly the said Hollingshed vvriteth, how that king Richard being now come home againe from the warr of Hierusalem, and void of that ielosy of his brother, vvhich before I haue mentioned: he made his last wil and testa­ment, and ordeyned in the same, that his bro­ther Hollings­head pag. 540. Iohn, should be his successor, & caused al the nobles there present to sweare fealtie vnto him, as to his next in blood, for which cause Thomas Walsingham in his story vvriteth these wordes, Ioannis Filius iunior Henrici 2. Anglorum VValsing. in ypo­dig. Neu­striss. regis, & Alienorae Ducissae, Aquitaniae, non modo iure propinquitatis, sed etiam testamento fratris sui, Ri­chardi [Page 90] designatus est successo: post mortem ipsius. Which is, Iohn yonger sonne of Henry the se­cond king of Ingland, and of Eleanor duchesse of Aquitaine, vvas declared successor of the crowne not only by law and right of neernes of blood, but also by the wil and testament of Richard his brother. Thus much this ancient chronicler speaketh in the testifying of King Iohns title.

By al which examples, that fell out almost vvithin one age in diuers natiōs ouet the world (letting passe many others which the Ciuilian touched in his discourse before, for that they are of more ancient tymes) these fauourers of the house of Lancaster do inferr, that the right of the vncle before the nephew, vvas no new or straunge matter in those dayes of king Edward the third, and that if we vvil deny the same now, vve must cal in question the succes­sion and right of al the kingdomes and states before mentioned, of Naples, Sicilie, Spayne, Britanie, Flanders, Scotland, & Ingland, whose kings and princes do euidently hold their crownes at this day by that very title, as hath bin shewed.

Moreouer they saye, that touching law in this pointe, albeit the most famous Ciuil la­vvyers Opinions of la­vvyers for the ne­phevv & vncle. of the world, be some vvhat deuided in the same matter, some of them fauouring the vncle, and some other the nephew, and that for different reasons. As Baldus Oldratus, Pa­normitanus and diuers others alleaged by [Page 91] Guillelmus Benedictus in his repetitions in fa­uour Benedict Cap. Ra­nutius verb in eodem testam. of the nephew against the vncle, and on the other side, for the vncle before the nephew, Bartolus, Alexander, Decius, Altiatus, Cuiatius and many other their follovvers, are recomp­ted in the same place by the same man, yet in the end, Baldus that is held for head of Baldus in lib. vt in test cap. de suis & leg. he­red. & per. li. vnicam pro 20. sui autē & nouis­simo. the contrary side, for the nephew, after al rea­sons weighed to and fro, he commeth to con­clude, that seing rigour of law runneth only with the vncle, for that in deed, he is properly neerest in blood by one degree, and that only indulgence and custome serueth for the ne­phew, permitting him to represent the place of his father, vvhich is dead, they resolue (I say) that vvhensoeuer the vncle is borne before the nephew, and the said vncles elder brother dyed before his father (as it happened in the case of Iohn of Gaunt and of king Richard) their the vncle by right may be preferred, for that the said elder brother could not giue or transmitt, that thing to his sonne, vvhich vvas not [...] himselfe before his father dyed, and conse­quently his sonne could not represent that vvhich his father neuer had, and this for the Ciuil law.

Touching our common lawes, the fauou­rers Tou­ching the common lavv of Ingland. of lancaster do say two or three things, first that the right of the crowne and interest ther­unto is not decided expresly in our lavv, not it is a plea subiect to the common rules therof, but is superiour and more eminent, [Page 92] and therfore that men may not iudge of this as of other pleas of particuler persons, nor is the tryal like, nor the common maximes or rules alwaies of force in this thing, as in others, which they proue by diuers particuler cases, as for example, the vvidow of a priuate man shal haue her thirdes of al his landes for her dowry, but not the Queene of the crowne. Againe if a priuate man haue many daughters, and dye Different rules in successiō of the crovvne and of other in­heritan­ces. seazed of any landes in fee simple, vvithout heyre male, his said daughters by law shal haue the said landes as coparteners equally deuided betweene them, but not the daughters of a king, for that the eldest must carry away al, as though she vvere heyre male. The lyke also is seene, if a baron matche vvith a femme that is an inheretrix, and haue issue by her, though she dye, yet shal he enioye her landes during his lyfe, as tenant by curtesie, but it is not so in the crowne if a man mary with a Queene, as king Phillip dyd with Queene Marye: and so finally they saye also that albeit in priuate mens possessions, the common course of our law is, that if the father dye seazed of landes in fee simple, leauing a yonger sonne and a nephew, that is to say a child of his elder sonne, the nephew shal succede his grandfather, as also he shal do his vncle, if of three bretheren the elder dye without issue, and the second leaue a sonne: yet in the inheritance and succession of the crowne it goeth otherwise, as by al the former eight examples haue bin shewed, and [Page 93] this is the first they saye about the common law.

The second pointe which they affirme is, The common lavv grounded in custo­me. that the ground of our common lawes, consi­steth principally and almost only, about this pointe of the crowne, in custome, for so say they we see by experience, that nothing in ef­fect, is written therof in the common law, and al old lawyers do affirme this pointe, as vvere Ranulfus de Granuilla in his booke of the lawes and customes of Ingland, vvhich he vvrote in the tyme of king Henry the second, and Iudge Fortescue in his booke of the prayse of Inglish lawes, vvhich he compiled in the tyme of king Henry the sixt, and others. Wherof these men do inferr, that seing there are so many presidēts and examples alleaged before, of the vncles case preferred before the nephew, not only in forayne countryes, but also in Ingland, for this cause (I saye) they do affirme, that our cōmon lawes, cannot but fauour also this title, and cō ­sequently must needs like vvel of the interest of Lancaster, as they auouch that al the best old lawyers did in those tymes: & for example they do record two by name, of the most fa­mous learned men vvhich those ages had, who not only defended the said title of Lancaster in Ancient lavvyers that de­fended the house of Lan­caster. those dayes, but also suffred much for the same. The one vvas the forenamed iudge Fortescue, Chancelor of Ingland, and named father of the common lawes in that age, vvho fled out os Ingland vvhith the Queene, vvife of king [Page 94] Henry the sixt, & vvith the prince her sonne, and liued in banishment in france, vvhere it seemeth also that he vvrote his learned booke intituled de laudibus legum Angliae. And the other Holling. [...] vit. Hē ­ric. 6. pag. [...] 00. vvas, Sir Thomas Thorope chiefe Baron of the excheker, in the same reigne of the same king Henry the sixt, vvho being aftervvard put into the tower by the Princes of the house of Yorke, for his eger defence of the title of Lancaster, remayned ther a long tyme, and after being de­liuered, was beheaded at hygate in a tumulte, in the dayes of king Edward the fourth.

These then are the allegations which the fa­uourers of the house of Lācaster do lay downe The summe of this con­trouersie repeated. for the iustyfying of that title, affirming first, that Iohn of Gaunt duke of Lancaster ought to haue succeded his father K. Edward the third, immediately before king Richard, and that in­iury 1. vvas done vnto him in that king Richard vvas preferred. And secondly that king Richard (vvere his right neuer so good) vvas iustly & 2. orderly deposed, for his euil gouerment, by lawful authority of the common wealth. And thirdly that after his deposition, Henry duke 3. of Lancaster, sonne & heyre of Iohn of Gaunt, vvas next in succession euery vvay, both in respect of the right of his father, as also for that he vvas two degrees neerer to the king deposed then vvas Edmond Mortimer descen­ded of Leonel duke of Clarence, and these are the principal and substancial proofes of their right and title.

[Page 95]But yet besides these, they do add also these Other ar­guments of Lanca­ster. other arguments and cōsiderations following: first that vvhat soeuer right or pretence the house of Yorke had, the princes therof did for­feit and leese the same many tymes, by their cō ­spiraces, rehellions & attainders, as namely Ri­chard earle of Cambrige, that married the lady Stovv in vita Hen­rici 5. pag. 587. Anne Mortimer, and by her tooke his pretence to the crowne, vvas conuicted of a conspiracy against king Henry the fift in Southampton, as before I haue said, and there vvas put to death The princes of Yorke often at­tained. for the same, by iudgment of the king, and of al his peeres, in the yeare 1415. the duke of Yorke his elder brother, being one of the iury that condēned him. This earle Richards sonne, also named Richard, comming afterward by the death of his vncle, to be duke of York, first of al made open clay me to the crowne, by the title of Yorke. But yet after many othes sworne and broken to, king Henry the sixt, he was attaynted of treason: I meane bothe he and Edward his sonne, then earle of march, which aftervvard vvas king, vvith the rest of his of­springe euen to the nynth degree (as Stow affir­meth) in a parlament holden at Couentry Stovv in vita Hen­rici 6. in the yeare 1459. and in the 38. yeare of the reigne of the said king Henry, and the very next yeare after the said Richard was slayne in the same quarrel: but the honse of Lā ­caster (say these mē) was neuer attainted of any such crime.

Secondly they saye, that the house of Yorke [Page 96] did enter only by violence, & by infinite blood­shedd, and by wilful murthering not only of 2. Yorke en­tred by violence. diuers of the nobilitie both spiritual and tem­poral, but also of both king Hēry the sixt hym self and of prince Edward his sonne, and by a certaine populer and mutinous election of a certaine few souldiers in Smithfield of Lōdon, Stovv in fine vit. [...]. 6. and this vvas the entrance of the howse of Yorke to the crowne, vvheras king Henry the fourth, first king of the house of Lancaster, en­tred vvithout bloodshedd as hath bin shewed, beinge called home by the requestes and letters of the people and nobility, and his election & admission to the crowne, vvas orderly, and au­thorized by general consent of parlament, in the doing therof.

Thirdly they alleage, that king Hēry the sixt put downe by the house of Yorke, was a good 3. The house of Yorke put dovvne a holy king. and holy king, and had reigned peaceably 40, yeares, and neuer committed any act, vvorthy deposition, vvheras king Richard the second had many waies deserued the same, as him selfe came to acknowledge, and ther vppon made a personal solemne and publique resignation of the said crowne vnto his cosen Henry of Lan­caster, the which iustified much the said Hen­ries entrance.

Fourthly they alleage that the housa of Lan­caster had bin in possession of the crowne vp­pon 4. Long pos sessions of the house of Lanca­ster. the pointe of 60. yeares, before the house of Yorke did raise trouble vnto them for the same, in vvhich tyme their title was confirmed [Page 97] by many parlaments, othes, approbations, and publique acts of the common vvealth, and by the nobles peeres and people therof, and by the states both spiritual and temporal, and vvith the cōsent of al foraine nations, so that if there had bin any fault in their first entrance, yet vvas this sufficient to authorize the same, as we see it vvas in the title of king William the Con­queror, and of his two sonnes king William Rufus, and king Henry the first, that entred before their elder brother, and of king Iohn, that entred before his nephew, & of his sonne king Henry the third that entred after his fathers depriuation, and after the election of prince Lewis of france, as also of Edward the third that entred by deposition of his owne fa­ther: of al which titles, yet might there haue bin doubt made at the begining, but by tyme and durance of possession, and by confirmation of the commō wealth, they were made lawful, & vvithout controuersie.

Fiftly they say, that if we consider the fowre king Heuryes that haue bin of the house of 5. The dif­ference of kings of both houses. Lancaster to vvit the 4. 5. 6. and 7. and do com­pare thē vvith the other fower that haue bin of the house of York, to wit Edward the fourth, Richard the third, Henry the eight, & Edward the sixt, & al their acts both at home & abroade, vvhat quietnes or troobles haue passed, & what the common wealth of Ingland hath gotten or lost vnder each of them, vve shal finde, that God hath seemed to prosper and allow much [Page 98] more of those of Lancaster, then of those of Yorke, for that vnder those of Lancaster the realme hath enioyed much more peace, and gayned far greater honor, and enlarged more the dominions of the crowne then vnder those of Yorke, and that it had done also much more if the seditions, rebellions, and troobles ray­sed and brought in by the princes of the house of Yorke, had not hindered the same, as saye these men, it vvas euidently seene in the tyme of king Henry the sixt, when their con­tention against the princes of the house of Lan­caster, vvas the principal cause vvhy al the English states in France vvere lost, and what garboiles and troubles at home haue ensued afterwards, and how infinite murthers and man slaughters vvith chainge of nobility haue bin caused hereby, and increased after­vvard vnder the gouerment and rule of the princes of Yorke, neadeth not (say these men) to be declared.

One thing only they note in particuler, vvhich I vvil not omit (and let it be the sixt 6. The princes of Yorke cruel one to the other. note) and that is, that the princes of Yorke haue not only bin rigorous and very bloody vnto their aduersaires, but also among them­selues, and to their owne kynred, vvhich these men take to be a iust punishment of God vp­pon them: And for proofe heerof, they al­leage first, the testimonie of Polydor, vvho albeit he vvere a great aduocat of the house of Yorke, as before hath bin noted, for that [Page 99] he liued and vvrote his story vnder king Hen­ry the eight, yet in one place he breaketh foorth into these wordes, of the princes of this house. Cum non haberent iam inimicos in Polydor virg. hist. Anglie lib. 24. quos soeuitiam explerent, & saturarent, in semetipsos crudelitatem exercuerunt, proprioque sanguine suas pollure manus. ‘When these princes now had brought to destruction al those of the house of Lancaster, so as they had no more eni­myes vppon vvhom to fill and satiat their crueltie, then began they to exercise their fiersnes vppon themselues, and to embrevv their handes with their owne blood,’ thus far Polidor.

Secondly they do shew the same by the Great vnion & fayth­fulnes of the prin­ces of Lanca­ster. deedes of both sides, for that the loue, vnion, trust, confidence, fayth fulnes, kyndnes, and loyaltie of the princes of Lancaster, the one tovvardes the other, is singuler and noto­rious, as may appeare by the acts and stu­dious endeuours of the lord Henry bishop of Winchester, and Cardinal, and of the lord Thomas duke of Excester and marques of Dorset, brothers of king Henry the fourth, to vvhom and to his children, they were most faythfull frendly and loyal, as also by the noble proceedings of the lordes Thomas duke of Clarence, Iohn duke of Bedford, and Humfrey duke of Glocester, sonnes of the foresaid Henry the fourth, and brothers of king Henry the fist, (the first of vvhich three gaue his blood in his seruice, & the other [Page 100] two spent their whole liues in defence, of the dignity of the Inglish crowne, the one as re­gent of France, the other as protector of In­gland: by the worthy acts also and renomed fayth fulnes of the dukes of Somerset, cosen germans to the said king Henry the fourth, and to his children, and the proper ancestors of king Henry the seuenth, al vvhich dukes of So­merset, of the house of Lancaster, (being fiue or six in number) did not only as Polydor sayeth, assist and helpe their soueraine, and the vvhole realme, Vigilijs curis & pcriculis, that is to saye with watchfulnes, cares, and offering Polyd. lib. 23. themselues to dangers, but also fower of them one after an other, to with Edmond with his three sonnes, Henry, Edmond, and Iohn, (wherof two successiuely after him vvere du­kes of Somerset, and the other marques dorset) were al fower (I say) as so many Machabyes, slayne in the defence of their country and fa­mily, by the other factiō of the house of Yorke, which thing say these men, shewed euidently both a maruelous confidence that these men had in their quarrel, as also a great blessing of God towards that familie, that they had such loue and vnion among them selues.

But now in the house of Yorke these men en­deuour Diffen­tions in the house of Yorke. to shew al the contrary, to witt that there vvas nothing els but suspition, hatred, & emulations among themselues, and extreme crueltie of one against the other, and so vve see that as soone almost as Edward duke of Yorke [Page 101] came to be king, George duke of Clarence his yonger brother conspired against him, & did help to driue him out againe, both from the realme and crowne. In recompence vvherof his said elder brother afterward notwithstan­ding al the reconciliation and many othes that King Ed­vvard 4. King Ri­chard 3. passed betweene them, of new loue and vnion, caused him vppon new grudges to be taken & murthered priuily at Calis, as al the world knoweth. And after both their deathes, Richard their third brother, murthered the two sonnes of his said elder brother, and kept in prison vvhiles he liued, the sonne and heyre of his second brother, I meane the yong earle of Warwick, though he were but a very child, vvhom king Henry the seuenth aftervvard put to death.

But king Henry the eight that succeded them, passed al the rest in crueltie, toward his King Hē ­ry 3. hovv many he put to death of his ovvne kynred. owne kynred, for he weeded out almost al that euer he could finde of the blood royal of York, and this either for emulation, or causes of meere suspicion only. For first of al he behed­ded Edmond de la Pole duke of Suffolk, sonne of his owne aunt lady Elizabeth, that was sister to king Edward the fourth, vvhich Edward vvas grand father to king Henry as is euident. The like distruction king Henry vvent about to bring to Richard de la Pole brother to the The de la pooles. said Edmond, if he had not escaped his handes by flying the realme, whom yet he neuer ceased to pursue, vntil he vvas slayne in the battel of [Page 102] Pauia in seruice of the king of Frāce, by whose death vvas extinguished the noble house of the de la Poles.

Agayne the said king Henry put to death Edward duke of Buckingham, high constable The house of Buckin­gam. of Ingland, the sonne of his great Aunt, sister to the Queene Elizabeth his grādmother, and therby ouerthew also that vvorthy house of Buckingham, & after againe he put to death his cosen germaine Henry Courtney marques of Excester, sonne of the lady Catherin his Aūt, that vvas daughter of king Edward the fourth, The house of Court­neis. and attainted iointly vvith him, his vvife the lady Gertrude, taking from her al her goodes landes and inheritance, and committed to per­petual prison their only sonne and heyre lord Edward Courtney, being then but a childe of seuen yeares old, vvhich remayned so there, vntil many yeares after he vvas set at liber­tie and restored to his liuing by Queene Mary.

Moreouer he put to death the lady [...] Plantagenet, Countesse of Salisbury, daughter The house of Salisbury. of George duke of Clarence, that vvas brother of his grandfather king Edward the fourth, & vvith her he put to death also her eldest sonne and heyre Thomas Poole, lord Montague, and committed to perpetual prison (where soone after also he ended his life) a little infant na­med Henry Poole his sonne and heyre, & con­demned to death by act of parlament (although absent) Renald Pole brother to the said lord [Page 103] Montague Cardinal in Rome, wherby he ouer­threw also the noble house of Salisbury and vvarwick: nether need I to go further in this Seymers put to death. relation, though these men do note also, how Edward the sixt put to death two of his owne vncles, the Seymers (or at least it vvas done by his authority) and how that vnder her Maiestie that now is, the Queene of Scotland, that vvas next in [...] of any other liuing & the chiefe Queene of Scots. titler of the honse of Yorke, hath also bin put to death.

Lastly they do note, (and I may not omit it) that their is no noble house standing at this day 7. No old noble house standing in Inglād but such as tooke parte vvith Lā ­caster. in Ingland in the ancient state of calling that it had, and in that dignity and degree that it vvas in vvhen the house of Yorke entred to the crowne (if it be aboue the state of a baro­ny) but only such as defended the right and interest of the houses of Lancaster, and that al other great houses that toke parte vvith the house of Yorke, and did helpe to ruine the house of Lancaster, be either ceased since, or ex­tyrpated and ouer throwne by the same house of Yorke it selfe which they assisted to gett the crowne, & so at this present they be either vni­ted to the crowne by confiscatiō, or transferred to other Images that are strangers to them who possessed thē before. As for example, the ancient houses of Inglād, that remaine at this day & were stāding whē the house of Yorke begā ther title, are, the houses of Arōdel, Oxford, Northūber­land, Siue an­cient no­ble hovv­ses. Westmerland, & Shrewsbery (for al other [Page 104] that are in Ingland at this day, aboue the dig­nity of Barons, haue bin aduanced since that tyme) and al these fiue houses vvere these that principally did stick vnto the house of Lan­caster, as is euident by al Inglish chronicles. For that the earle of Arondel brought in king Arondel. Henry the fourth, first king of the house of Lancaster, and did helpe to place him in the dignity royal, comming out of France vvith him. The earle of Oxford, and his sonne the Oxford. lord Vere, were so earnest in the defence of king Hēry the sixt as they were both slayne by king Edward the fourth, and Iohn earle of Ox­ford vvas one of the principal assistāts of Hēry the seuēth, to take the crowne frō Richard the third. The house of Northumberland also was a principal ayder to Henry the fourth in getting Northum berland. the crowne, and two earles of that name to wit Henry the second and third, were slayne in the quarrel of king Henry the sixt, one in the battel of S. Albons, and the other of Saxton, and a third earle named Henry the fourth fled into Scotlād vvith the said king Henry the sixt. The house of Westmerland also vvas chiefe aduācer of Hēry the fourth to the crowne, & the secōd VVest­merland. earle of that house, vvas slayne in the party of Henry the sixt in the said bartaile of Saxton, and Iohn earle of Shrewsbury vvas likevvise slayne in defence of the title of Lancaster in the Shrevvs­bury. bartaile of Northamptō, and I omit many other great seruices and faithful endeuours vvhich many Princes of these fiue noble anciēt houses, [Page 105] did in the defence of the Lancastrian kings, vvhich these men say, that God hath revvar­ded vvith continuance of their howses vnto this day.

But on the contrary side, these men do note, Houses that fauo red York deftroyed that al the old houses that principally assisted. The title of Yorke, are now extinguished, and that chiefly by the kings themselues of that house, as for example, the principal peeres that assisted the family of Yorke, vvere Mou­bray duke of Norfolke, de la Poole duke of Suffolk, the earle of Salisbury and the earle of Warwick, of al which the euent was this.

Iohn Moubray duke of Norfolke the first confederat of the house of Yorke, dyed soone The Mon braies. after the exaltation of Edward the fourth, vvithout ifsue, and so that name of Moubray ceased, and the title of the dukedome of Nor­folke vvas transferred afterward by king Ri­chard the third, vnto the house of Howards.

Iohn de la Poole duke of Suffolke, that married the sister of king Edward the fourth, & The de la Pooles. was his great assistant, though he left three son­nes, yet al were extinguished vvithout issue, by helpe of the house of Yorke, for that Ed­mond the eldest sonne duke of Suffolke vvas beheaded by king Henry the eight, & his bro­ther Richard driuen out of the realme to his destruction, as before hath bin shewed, & Iohn their brother earle of Lincolue, was stayne at Stockfild in seruice of king Richard the third, and so ended the line of de la Pooles.

[Page 106]Richard Neuel earle of Salisbury, a chiefe The house of Salesbury & VVar­vvicke. enemy to the house of Lancaster, and exalter of York, vvas taken at the battaile of VVakefild, and there beheaded leauing three sonnes, Ri­chard, Iohn and George: Richard vvas earle both of Salisbuty and Warwick, surnamed the great earle of Warwick, & vvas he that placed king Edward the fourth in the royal seate, by whome yet he vvas slayne afterward at Bar­net, and the landes of these two great earldo­mes of Salisbury and Warwick, were vnited to the crowne by his attainder. Iohn his yonger brother vvas Marques of montague, and after al assistance giuen to the said king Edward the fourth of the howse of Yorke, vvas slayne also by him at Barnet, and his lands in like mā ­ner confiscate to the crowne, vvhich yet vvere neuer restored againe: George Neuel their yon­ger brother vvas Archbishop of Yorke, & vvas taken & sent prisoner by the said king Edward vnto Guynes, vvho shortly after pined avvay and dyed, and this vvas the ende of al the prin­cipal frendes, helpers & aduancers of the house of Yorke, as these men do alleage.

Wherfore they do conclude, that for al these reasons, & many more that might be alleaged, the title of Lancaster must needes seeme the better title, which they do confirme by the ge­neral consent of al the realme, at king Henry the seuenth his comming in to recouer the crowne from the house of Yorke, as from vsur­pers, for hauing had the victory against king [Page 107] Richard, they crowned him presētly in the field King [...] the 7. crovvned in the fild in respect of the house of Lancaster only thoughe his tytle that vvay vvas not great. in the right of Lācaster, before he married with the house of Yorke, which is a token that they esteemed his title of Lancaster sufficient of it selfe, to beare away the crowne, albeit for bet­ter ending of strife he tooke to vvife also the lady Elizabeth heyre of the howse of Yorke, as hath bin said, and this may be sufficient for the present, in this controuersie.

OF FIVE PRINCIPAL HOVSES OR LINAGES THAT DOOR MAY PRETEND TO THE CROWNE of Ingland, which are the houses of Scotland, Suffolke, Clarence Britanie, and Portugal, and first of al, of the house of Scotland, which conteyneth the pretentions of the king of Scottes and the Lady Arbella.
CAP. V.

HAVING declared in the former chap­ter, so much as apparteyneth vnto the general controuersie betweene the two princi­pal houses and royal families of Lancaster and Yorke, it remayneth now that I lay before you the particuler chalenges, claymes and preten­tions, which diuers houses and families des­cended (for the most part) of those two, haue among themselues, for their titles to the same.

Al which families, may be reduccd to three or fower general heades. For that some do pre­tende by the house of Lancaster alone, as those [Page 108] families principally that do descend of the line A diuisiō of the fa­milies that do precend. royal of Portngal: some other do pretende by the howse of Yorke only, as those that are des­cended, of George duke of Clarence, second brother to K. Edward the fourth. Some agayne wil seeme to pretend from both howses ioyned together, as al those that descende from king Henry the seuenth, vvhich are the houses of Scotland and Suffolke, albeit (as before hath appeared) others do deny that these families haue any true part in the house of Lancaster, which pointe shal afterward be discussed more at large. And fourthly others do pretend, be­fore the two houses of Yorke and Lancaster were deuided, as the Infanta of Spayne, du­chesse of Sauoy, the prince of Lorayne & such others, as haue descended of the house of Bri­tanny and France, of al vvhich pretences & pre­tendors, vve shal speake in order, and consider vvith indifferencie vvhat is said or alleaged of euery side, to and fro, begining first with the house of Scotland, as with that which in com­mon opinion of vulgar men, is taken to be first and neerest (though others denye it) for that they are descēded of the first and eldest daugh­ter, of king Henry the seuenth, as before in the third chapter hath bin declared.

First then two persons are knowne to be of Of the house of Scotland. this house at this daye that may haue action & clayme to the crowne of Ingland, the first is, Lord Iames the sixt of that name presently king of Scotland, who descendeth of Margaret [Page 109] eldest daughter of king Henry the seuēth, that vvas married by her first marriage to Iames the fourth king of Scots, & by him had issue Iames the fift, and he agayne the lady Mary mother to this king now pretendant.

The second person that may pretend in this house, is the lady Arbella, descended of the selfe Arbella. same Queene Margaret by her secōd marriage, vnto Archibald Douglas earle of Anguis, by vvhom she had Margaret that vvas married to Mathew Steward earle of Lenox, and by him had Charles her second sonne earle of Lenox, vvho by Elizabeth daughter of Syr William Candish knight in Ingland, had issue this Ar­bella now aliue.

First then, for the king of Scots, those that do fauour his cause, (wherof I confesse that I haue In fauour of the king of Scots. not founde very many in Ingland) do alleage, that he is the first and cheefest pretendor of al others, and next in succession, for that he is the first person that is descended (as you see) of the 1. eldest daughter of king Henry the seuenth, and that in this discent ther cā no bastardy or other lawful impediment be auowed, vvhy he should not succeede according to the priority of his pretention and birth: And moreouer se­condly they do alleage that it would be greatly for the honor and profit of Ingland, for that 2. hereby the two Realmes of Ingland and Scot­land, should come to be ioyned, a pointe lōge sought for, and much to be wished, and finally such as are affected to his religion do adde 3. [Page 110] that hereby true religion wil come to be more setled also and established in Ingland, which they take to be a matter of no smale conse­quence, and consideration, and this in effect is that vvhich the fauourers of this prince do al­leage in his behalfe.

But on the other side, there want not many that do accompt this pretence of the king of Scots neither good nor iust, nor any waye expe­dient Argumēt against the king of Scots. for the state of Ingland, and they do an­swere largely to al the allegations before men­tioned in his behalfe.

And first of al, as cōcerning his title, by neer­nes of succession, they make litle accompt ther­of, both for that in it selfe (they saye) it may ea­sily be ouerthrowne, and proued to be of no va­liditie, as also for that if it were neuer so good, yet might it for other considerations be reie­cted, and made frustrate, as our frend the Giuil lawyer, hath largely & learnedly proued these dayes; in our hearing.

To begin then to speake first of the king of Scots title by [...] of blood these men do affirme that albeit there be not alleaged any ba stardy in his discent from K. Henry the seuēth his daughter as there is in her second marriage against the lady [...] yet are there other rea­sons enough to [...] and ouerthrow this 1. The king of Scots not of the house of Lanca­ster. clay me and pretention and first of al, for that he is not (say these men) of the house of Lan­caster by the lady Blanch the only true [...], as before hath in [...] bin shewed, and [Page 111] shalbe aftervvard more largely, but only by Catherin Swinford whose children being vn lawfully begotten, and but of the halfe blood, whether they may by that legitimation of par­lament, that vvas giuen them, be made inheri­table vnto the crowne before the lawful daughter of the whole blood, shalbe discussed afterward in place conuenient, when we shal talke of the house of Portugal: but in the meane space, these men do presume, that the king of Scots is but only of the house of Yorke, and then affirming further that the title of the house of Lancaster, is better then that of Yorke, as by many argumētes the fauorers of Lācaster haue indeuored to shew in the former chapter, they do inferr that this is sufficient, to make voide al clayme of the king of Scots, that he maye pretende by neernes of blood, especially seing there wāt not at this day pretēders enough of the other house of Lācaster to clayme their right, so as the howse of Yorke shal not neede to enter for fault of true heyres, and this is the first argumēt which is made against the Scotish king & al the rest of his linage, by the fauourers and followers of the said house of Lancaster.

A second Argument is made against the said kings succession not by them of Lancaster, but 2. The king of Scots foraine botne. rather by those of his owne house of Yorke vvhich is founded vppon his forraine birth, by 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 [Page 112] 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 The con­trouersie about so­mayne [...]. 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 Movv strāgers may inherite. 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) shalbe able to haue or demande any heritage [Page 113] vvith in the same alleageance, as heyre to any person.

Thirdly they say, that this axiome or gene­ral Reasons, vvhy the statute toucheth not our case. 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 The crovvne not holdē by alle­geance. 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 cō ­mon 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 [...] [Page 116] 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.

[Page 117]A fourth argument is made against the king of Scotts succession, by al the other competitors The king of Scots excluded by the starute of associa­tion. 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 shalbe cō ­uinced 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 Other cō ­sideratiōs against the King of Scots. 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 [Page 118] 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 Ioyning of Inglād and Scotland to­gether. 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, the auersion and natural 1. alienatiōn of that people, from the Inglish, and their ancient inclination to ioyne with the Frēch & Irish against vs, maketh it yery proba­ble, that, that subiection of theirs to the crowne of Ingland, vvould not loug indure, as by ex­petience we haue feene, since the tyme of king Edward the first, vvhen after the death of their king Alexander the third, without issue, they chose king Edward to be their king, deliuered their townes and fortresses into his hands, did sweare him fealty, receaued his deputy or vice­roy [Page 119] (as Polidor at large declareth). And yet al Polydor. lib. 17. in vit. Ed­vvardi primi. this serued afterward, to no other effect but only slaughter, bloodshed, and infinyt losses and charges of Ingland.

3.Thirdly they saye, that if the king of Scots should come to possesse the crowne of Inglād, he cannot choose (at least for many yeares) but to stand in great ielousy of so many other com­petitors of the Inglish blood royal, as he shal finde in Ingland, against whom he must needes fortifie him selfe by those other forayne natiōs, that may be presumed to be most sure vnto him, though most contrary by natural inclina­tion, & least tollerable in gouermēt to Inglish men, as are the Scots of whom he is borne, and Inconue­niences of brin­ging strā ­gers into Ingland. danes vvith vvhom he is allyed, and French of vvhom he is descended, and of the vnciuil part ofIreland, vvith vvhom one great piece of his realme hath most coniunction, the authority & sway of which fower nations in Ingland, and ouer Inglish-men, vvhat trouble it may worke euery vvise man may easely coniecture. Besi­des that; the Scots-men themselues, (specially those of the nobility) do openly professe, that they desire not this coniunction and subordi­nation vnto Ingland, which in no wise they can beare, both for the auersion they haue, to al Inglish gouerment ouer them, as also for that their liberties are far greater, as now they liue, then in that case it would be suffred, their king coming heerby to be of greater power to [Page 120] force them to the forme of Inglish subiection, as no doubt but in tyme he would.

And seing the greatest vtility that in this case by reason and probability can be hoped for by this vnion, is that the Scotish nation should come to be aduanced in Inglād, and to be made of the nobility both temporal and spiritual, & of the priuy councel, and of other lyke digni­ties of credit and confidence (for otherwise no A consi­deration of impor­tance. vnion or amitie durable can be hoped for) and considering that the king, both for his owne safetie (as before hath bin said) as also for gra­titude and loue to his owne nation, and allied frends, must needs plant them about him, in chiefe place of credit, vvhich are most opposite to Inglish natures, and by litle & litle through occasion of emulations and of controuersies, that vvil fal out daylie betwixt such diuersity of nations, he must needes secretlie begin to fauour and fortifie his owne, as we reade that William Conqueror did his Normannes, Polydot. hist. Ang. l. s. &. 9. and Canutus before him his Danes, to the in­credible calamity of the Inglish nation (though otherwise neither of them vvas of themselues either an euil king, or enimye to the Inglish blood (but driuē hereunto for their owne saftie) and for that it vvas impossible to stand neutral in such national contentions: if al this (I say) fel out so then, as vve know it did, and our an­cestors felt it to their extreme ruine, what other effect can be hoped for now, by this violent [Page 121] vnion of nations, that are by nature so disuni­ted and opposite, as are the Inglish, Scotish, Irishe, Danishe, Frenche & other on them de­pending, vvhich by this meanes must needs be planted together in Ingland.

And if vve reade, that the vvhole realme of Spayne did refuse to admitt S. Lewis king of Example of Spaine. France, to be their king in Spayne (to vvhom yet by law of succession it vvas euident, & con­fessed by the spaniards themselues, as their chronicler Garibay writeth, that the right most Garibay l. 20 c 42. An Dn̄i 1207. clearly dyd appertayne by his mother lady Blanch eldest daughter and heyre of K. Alonso the nynth) and that they dyd this only for that he vvas a Frenchman, and might therby bring the french to haue chiefe authority in Spayne: and if for this cause they did agree together, to giue the kingdome rather to Ferdinando the third that was sonne of Lady Berenguela, yon­ger sister to the said lady Blanch, and if this de­termination vvas thought at that tyme to be vvife and prouident (though against al right of lineal succession) and if vve see that it had good successe, for that it indureth vnto this day: what shal vve say in this case (say these men) vvhere the king in question is not yet a S. Lewis, nor his title to Ingland so cleere, as that other vvas to spayne, and the auersion betwixt his nation and ours, much greater then vvas that betwixt the french and Spanish, thus they do reason.

Agayne we heard out of the discourse made Example out of Portugal. by the Ciuilian before, how the states of Por­tugal [Page 122] after the death of their king Don Ferdinan­do Garibay l. 34. c. 38. An. Dn̄i 1383. the first of that name, vvho left one only daughter and heyre named lady Beatrix mar­ried vnto Iohn the first king of Castile, to whō the succession of Portugal vvithout al contro­uersie did apertaine, they rather determyned to chose for their king a bastard brother, of the sayd Don Fernando, named Iohn, then to admitt the true inheretor Beatrix vvith the gouerment of the Castilians, by vvhom yet (they being much the richer people) the Portugals might hope to reape far greater vtility then Inglish men can do by Scotland, considering it is the poorer country and nation. And this is that in effect which these men do answere in this behalfe, noting also by the way, that the Ro­mās themselues vvith al their power, could ne­uer bring vnion or peace betweene thease two nations of Ingland & Scotlande, nor hold the Scots and North-Irish in obedience of any authority residing in Ingland, and so in the end they vvere enforced to cut them of, & to make Stovv. pa. 54. 59. 95. 76. that famous walle begun by Adrian, and pur­sued by other Emperours to diuide them from Inglād, and barre them from ioyning, as al the vvorld knoweth, and much lesse shal any one king liuing in Ingland now, hold them al in obedience, let him be of vvhat nation, he vvil, and this for the vtility that may be hoped by this vnion.

But now for the other pointe alleaged by the fauourers of Scotland, about establishmēt [Page 123] of true religion, in Ingland, by entrance of this king of Scots, these other mē do hold that this is the vvoorst and most dangerous pointe of al Of the religion of Scot­land. other, considering vvhat the state of religion is in Scotland at this day, and how different or ra­ther opposite to that forme which in Ingland is mainteyned, and vvhen the Archbishopes, bishopes, deanes archdeacons, and other such of ecclesiastical and honorable dignities of In­gland, shal consider that no such dignity or promotion is left now standing in Scotland, no nor any cathedral or collegiate church is re­mayned on foote, vvith the rents and digni­ties therunto apperteyning, and vvhen our no­bilytie shal remember how the nobilitie of Scotland is subiect at this day to a few ordi­nary and common ministers, vvithout any head, vvho in their synodes and assemblies haue authority to put to the horne, and driue out of the realme any noble man vvhatsoeuer, vvithout remedy or redresse, except he vvil yeald and humble himselfe to them, and that the king himselfe standeth in avve of this exorbitant and populer povver of his mini­sters, and is content to yeld therunto: it is to be thought (say these men) that few Inglish be they of vvhat religion or opinion so-euer, vvil shevv themselues forvvard to receaue such a King, in respect of his religion, that hath no better order in his ovvne at home, and thus much concerning the King of Scot­land.

[Page 124]Now then it remayneth, that we come to Of the title of lady Ar­bella. treat of the lady Arbella, second branch of the house of Scotlād, touching whose title, though much of that vvhich hath bin said before, for or against the king of Scotland, may also be vn­derstoode to apparteyne vnto her, for that she is of the same house, yet shal I in this place re­peat in few wordes the principal points that are alleaged in her behalfe or preiudice.

1.First of al then, is alleaged for her, and by her fauourers, that she is descended of the foresaid lady Margaret, eldest daughter of king Henry the seuenth, by her second marriage vvith Ar­chibald Duglas earle of Anguys, and that she is in the third degree only from her, for that she is the daughter of Charles Steward vvho was sonne to Margaret Countesse of Lenox, daughter to the said lady Margaret Queene of Scots, so as this lady Arbella is but neece once remoued, vnto the said Queene Margaret, to vvit in equal degree of discent vvith the king of Scots, vvhich king being excluded (as the fauorers of this vvoman do affirme) by the cau­ses and arguments before alleaged against hym, no reason (say they) but that this lady should enter in his place, as next in blood vnto him.

Secondly is alleaged in her behalfe, that she as an Inglish vvoman, borne in Ingland, and 2. An In­glish vvoman. of parents vvho at the tyme of her birth vvere of Inglish alleageance, vvherin she goeth be­fore the king of Scots, as hath bin seene, as also in this other principal pointe, that by her ad­mission [Page 125] no such inconuenience can be feared of bringing in strangers, or causing troobles & sedition vvith-in the realme, as in the pretence of the Scotish king hath bin considered, and this in effect is al that I haue heard alleaged for her.

But against her, by other competitors and their frendes, I haue hard diuers arguments of Against Arbella. no smale importance and consideration produ­ced, vvherof the first is, that vvhich before hath bin alleaged against the king of Scotlād in like māner, to wit, that neither of them is properly of the house of Lancaster, as in the genealogie set downe in the third chapter hath appeared. And secondly that the title of Lācaster is before the pretence of Yorke, as hath bin proued in 1. Not of the house of Lan­caster. the fourth chapter, wherof is inferred, that ney­there the king of Scots nor Arbella, are next in successiō, and for that of these two propositiōs, ther hath bin much treated before, I remitte me therunto, only promising that of the first of the tvvo, vvhich is how king Henry the seuēth vvas of the house of Lancaster, touching right of succession, I shal handle more particulerly afterward vvhen I come to speake of the house of Portugal, vvherby also shal appeare playnly vvhat pretence of succession to the crowne or duchy of Lancaster the discendentes of the said king Henry can iustely make.

The second impediment, against the lady 2. The testa ment of king Hē ­ry. Arbella is the aforesaid testament of king Hen­ry the eight and the two acts of parlaments for [Page 126] authorising of the same, by al vvhich is preten­ded that the house of Suffolke, is preferred be­fore this other of Scotland.

A third argument is, for that there is yet li­uing 3. The coun tesse of darby neerer by a degree. one of the house of Suffolk, that is neerer by a degree to the stemme, to vvit, to Hēry the seuenth to vvhom after the discease of her Maiesty that now is, we must returne, then is the lady Arbella or the king of Scots, and this is the lady Margeret countesse of Darby, mother to the present earle of Darby vvho was daugh­ter to lady Elenor, daughter of Queene Mary of France, that vvas second daughter of king Henry the seuēth, so as this lady Margaret coū ­tesse of Darby, is but in the third degree from the said Henry, wheras both the king of Scot­land and Arbella are in the fourth, and conse­quently she is next in propinquitie of blood, & how greatly this propinquity hath bin fauou­red in such cases, though they vvere of the yō ­ger liine, the examples before alleaged in the fourth chapter do make manifest.

Fourthlie and lastely, and most strongly of Illegiti­mation by bastar­dye. al, they do argue against the title of this lady Arbella, affirming that her discent is not free from bastardly, vvhich they proue first, for that Queene Margaret soone after the death of her first husband king Iames the fourth marryed secretly one Steward lord of Annerdale, which Steward, vvas alyue longe after her marriage vvith Duglas, and consequently this second marriage vvith Duglas (Steward being aliue) [Page 127] could not be lawful, vvhich they do proue also by an other meane, for that they saie it is most certaine, and to be made euident, that the said Archibald Duglas earle of Anguis had an other vvife also aliue, vvhen he married the said Queene, vvhich points they say vvere so pu­blique as they came to king Henries eares, vvhervppon he sent into Scotland the lord William Howard, brother to the old duke of Norfolke, and father to the present lord Admi­ral of Ingland, to enquire of these pointes, and the said lord Howard founde them to be true, The testi­monie of the lord Vvillian hovvard. and so he reported not only to the king, but also aftervvards many tymes to others, and na­mely to Queene Mary to vvhom he vvas lord Chamberlayne, and to diuers others, of vvhom many be yet liuing, which can and will te­stefy the same, vppon the relation they heard from the-sayd lord Williams owne mouthe, vvheruppon king Henry vvas greatly offen­ded, and would haue letted the marriage be­tweene his said sister and Duglas, but that they were married in secret, and had consum­mate their marriage, before this was knowne, or that the thing could be preuented, vvhich is thought, vvas one especial cause and motiue also to the said king afterward, to put back the issue of his said sister of Scotland, as by his for­named testament is pretended, and this tou­ching Arbellas title by propinquitie of byrthe.

But besides this, the same men do alleage di­mers Other reasons of state against Arbella. reasons also of inconucnience in respect [Page 128] of the common vvealthe, for vvhich in their opinions it should be hurtful to the real me to admitt this lady Arbella for Queene, as first of al for that she is a vvoman, vvho ought not to be preferred, before so many men as at this tyme do or may stand for the crowne: and that it vvere much to haue three women to reigne in Ingland one after the other, vvher-as in the fpace of a-boue a thousaid yeares before them, there hath not reigned so many of that sexe, ne­ther together nor a sunder, for that from king Cerdick first king of the vvest Saxons, vnto Egbright the first monarch of the Inglish na­me and nation, conteyning the space of more then 300. yeares, no one vvomā at al is founde to haue reigned, and from Egbright to the Conquest, which is almost other 300. yeares, the like is to be obserued, and from the con­quest Gouer­ment if vvomen. downeward, vvhich is aboue 500. yeares, one only vvoman was admitted for inheritrix, vvhich was Maude the Empresse, daughter of king Henry the first, vvho yet after her fathers death vvas put back, and king Stephen vvas admitted in her place, and she neuer receaued by the realme, vntil her sonne Henry the se­cond vvas of age to gouerne himselfe, & then he vvas receaued vvith expresse condition, that he should be crowned, and gouerne by him­selfe, and not his mother, which very conditiō Bolyd. l. 12 vvas put also by the spaniards not long after, at their admitting of the lady Berenguela yonger sister of lady Blauch neese to king Henry the se­cond, [Page 129] vvherof before often mention hath bin made, to vvit the condition vvas, that her sonne [...] should gouerne, and not she, though his title came by her, so as this circumstance of being a woman, hath euer bin of much consi­deration, especially where men do pretend also as in our case they doe.

An other consideratiō of these men is, that if this lady, should be aduanced vnto the crowne, Garibay li. [...]. c. 41 though she be of noble blood by her fathers side, yet in respectt of alliance with the nobility of Ingland she is a meere strainger, for that her kyndred is only in Scotland, and in Inglād she hath only the Candishes by her mothers side, vvho being but a meane familie, might cause much grudging amōg the Inglish nobility, to see them so greatly aduanced aboue the rest, as necessarily they must be, yf this womā of their linage should come to be Queene, vvhich how the nobility of Ingland vvould beare, is hard to say, and this is as much as I haue heard others saye of this matter, and of al the house of Scot­land: vvherfore vvith this I shal end, and passe ouer to treat also of the other houses that do re­mayne of such as before I named.

OF THE HOVSE OF SVFFOLK CONTEYNING THE CLAYMES OF THE COVNTESSE OF Darby and her children, as also of the children of the earle of Hartford.
CAP. VI.

IT hath appeared by the genealogie set downe before in the third chapter, and oftē ­tymes mentioned since, how that the house of Suffolk is so called, for that the lady Mary secōd daughter of king Henry the seuenth, being first married to Lewis the 12. king of France, vvas afterward married to Charles Brandon duke of Suffolke, who being sent oner to condole the death of the said king, gat the good will to marry the widow Queene, though the com­mon fame of al men vvas; that the said Charles had a vvife lyuing at that day, and diuers yeares after, as in this chapter vve shal examine more in particuler.

By this Chatles Brandon then duke of Suf­folk, this Queene Mary of France had tvvo The issue of Char­les Bran­don. daughters, first the lady Francis, married to Syr Henry Gray marques Dorset, and aftervvard in the right of his vvife, duke also of Suffolke, vvho vvas afterward be-hedded by Queene Mary, and secondly lady Elenor married to Syr Henry Clifford earle of Cumberland.

The lady Francis elder daughter of the Issue of lady Fran cis. Queene and of Charles Brandon, had issue by [Page 131] her husband the said last duke of Suffolke, three daughters, to wit, Iane, Catherin, and Mary, which Mary the yongest vvas betrothed first to Arthur lord Gray of wilton, and after lefte by hym, she was marryed to one M. Martin keyes of kent, gentlemā porter of the Queenes Stovv. an. 7. Edon. 6 housholde, and after she dyed without issue.

And the lady Iane the eldest of the three si­sters was married at the same tyme to the lord Guylford Dudley, fourth sonne to Syr Iohn Dudley duke of Northumberland, and vvas proclaymed Queene after the death of king Edward, for which acte al three of thē, to vvit, both the father, sonne and daughter in law, were put to death soone after.

But the L. Catherin the second daughter, The issue of the L. Catherin. vvas married first vppon the same day that the other two her sisters vvere, vnto lord Henry Herbert now earle of Penbroke, and vppon the fal and misery of her house, she was left by him, and so she liued a sole vvoman for diuers yeares, vntil in the begining of this Queenes dayes, she was found to be vvith child, which she affirmed to be by the lord Edward Seymer earle of Hartford, vvho at that tyme was in France, vvith Syr Nicholas Throgmorton the Embassador, and had purpose and licence to haue trauailed into Italie, but being called home in haste vppō this new accident, he cōfes­sed that the child vvas his, and both he and the lady affirmed that they were man and vvife, but for that they could not proue it by witnesses, & [Page 132] for attempting such a match with one of the blood royal, without priuity and licence of the prince, they were committed both of them to the tower, vvhere they procured meanes to meete againe afterward, & had an other childe, vvhich both children do yet liue, and the elder of them is called lord Henry Beacham, and the other Edward Seymer, the mother of whom liued not long after, nether married the earle againe, vntil of late that he married the lady Francis Howard, sister to the lady Sheffeild, and this is all the issue of the elder daughter of Charles Brandon, by lady Mary Queene of France.

The second daughter of duke Charles and The issue of L. Ele­anor. the Queene, named L. Elenor, vvas married to Henry lord Cliford earle of Cumbeiland, and had by him a daughter named Margaret, that married Syr Hēry Stanley, lord Strāge & after earle of Darby, by vvhom the said lady (who yet liueth) hath had issue Fernande Stanley, now earle of Darby, William and Francis Stanley, & this is the issue of the house of Suffolk, to vvit, this Countesse of Darby, with her children, and these other of the earle of Hartford, of al whose claymes and titles vvith their impediments, I shal here briefly giue accompt and reason.

First of al, both of these families do ioyne to­gether in this one pointe, to exclude the house of Scotland both by foraine birth, and by the foresaid restament of king Henry authorized by two parlaments, & by the other exclusions [Page 133] which in each of the titles of the king of Scots Allega­tions of the hou­ses of Darby & hartford the one against the other. and of lady Arbella hath bin before alleaged. But then secondly they come to vary betweene themselues, about the priority or propinquitie of their owne succession, for the children of the earle of Hartford, and their frendes do alleage, that they do discend of lady Francis the elder sister of lady Elenor, and so by law and reason are to be preferred, but the other house allea­geth against this, two impediments, the one, that the lady Margaret countesse of Darby now lyuing, is neerer by one degree to the stemme, that is to king Henry the seuenth, then are the children of the earle of Hartford, and conse­quently according to that which in the former Charles Brandon had a vvyse a lyue. fourth chapter hath bin declared, she is to be preferred, albeit the children of the said earle vvere legitimate.

Secondly they do affirme, that the said chil­dren First ba­stardie against the issue of hart­ford. of the eatle of Hartford by the lady Ca­therin Gray, many waies are illegitimate. First for that the said lady Catherin Gray their mo­ther was lawfully married before to the earle of Penbrok now liuing, as hath bin touched, and publike recordes do testifie, and not lawfully seperated nor by lawful authority, nor for iust Stovv in vita Ed­vvard. An. [...]. causes, but only for temporal and wordly re­spects, for that the house of Suffolk was come into misery & disgrace, vvherby she remayned stil his true wife in deede and before God, & so could haue no lawful children by an other whiles he liued as yet he doth.

[Page 134]Agayne they proue the illegitimatiō of these 2. Bastar­die. children of the earle of Hartford, for that it could neuer be lawfully proued that the said earle and the lady Catherin were married, but only by their owne assertions, vvhich in law is not holden sufficient, for which occasion the said pretended marriage vvas disanulled in the court of arches, by publique & definitiue sen­tence, of Doctor Parker archbishop of Can­terbury, and prymate of Ingland, not long af­ter the birth of the said children.

Further-more they do add yet an other ba­stardy also, in the birth of lady Catherin her 3. Bastar­die. selfe, for that her father lord Henry Gray mar­ques of Docset, was knowne to haue a lawful wife aliue vvhen he married the lady Francis, daughter and heyre of the Queene of France, & of Charles Brandon duke of Suffolke, and mo­ther of this lady Catherin, for obteyning of which great marriage, the said marques, put away his foresaid lawful vvife, vvhich was sis­ter to the L. Henry Fytzallen earle of Arondel, vvhich disorder was occasion of much vnkind­nes and hatred betweene the said marques and earle euer after. But the power of the marques and fauour vvith king Henry in womens mat­ters, vvas so great at that tyme, as the earle could haue no remedie, but only that his said sister vvho liued many yeares after, had an an­nuitye out of the said marques lands during her life, & liued some yeares after the said marques [Page 135] (aftervvards made duke) vvas put to death in Queene Maries tyme.

These then are three waies, by vvhich the fa­mily of Darby do argue the issue of Hartford to be illegitimate, but the other two houses of Scotland and Clarence, do vrge a former ba­stardy also that is common to them both, to The fourth be [...] cō ­mon to both fa­mines of Suffolk. wit, both against the lady Francis and the lady Eleanor, for that the lord Charles Brandon also duke of Suffolk had a wife a liue, as before hath bin signified, when he married the lady Mary Queene of France, by vvhich former wife he had issue the lady Powyse (I meane the vvife of my lord Powyse of Poystlandes in VVales) & how long after the new marriage of her hus­band Charles Brandon, this former vvife did liue, I cannot set downe distinctly, though I think it were not hard to take particuler infor­mation therof in Ingland, by the register of the church wherin she vvas buried, but the frēdes of the countesse of Darby do affirme, that she died before the birth of L. Eleanor the second daughter, though after the birthe of lady Fran­cis, and thereby they do seeke to cleare the fa­milie of Darby of this bastardye, and to lay al foure vppon the childen of Hartford before mentioned, but this is easy to be knowne & verified by the meanes before signified.

But now the frendes of Hartford do answere The an­svvere of those of hartford to the fo­resaid ba­stardies. to al these bastardies, that for the first two pre­tended by the marriages of the two dukes of Suffolk, they saye that either the causes might [Page 136] be such, as their deuorces with their former [...] be lawful, and proue them no mar­riages, and so giue them place to marrie againe, or els that the said former wiues dyd dye before these dukes that had bin their husbands, so as by a post-contract and second new consent, giuen betweene the parties vvhen they vvere now free, the said later marriages vvhich vvere not good at the begining, might come to be lawful aftervvards, according as the law permit­teth, notwithstanding that children begotten in suche pretēded marriages where one partye is alredy bounde, are not made legitimat, by subsequent trew marriage of their parentes, & this for the first two bastardies.

But as for the third illegitimation, of the contract betweene the lady Catherin and the earle of Hartford, by reason of a precontract made betweene the said lady Catherin and the earle of Penbroke, that now liueth, they saye and affirme, that precontract to haue bin dis­solued afterward lawfully and iudicially, in the tyme of Queene Mary.

There remayneth then only the fourth obie­ctrō, about the secret marriage made betweene the said lady Catherin and the earle of Hart­ford, before the birth of their eldest sonne, now called L. Beacham, vvhich to say the truth see­meth Of the marriage betvveen. the earle of hart­ford and the L. Ca­therin Gray. the hardest pointe to be answered, for al­beit in the sight of God, that marriage might be good and lawful, if before their carnal knowledge, they gaue mutual consent the one [Page 137] to the other, to be man and vvife, and vvith that mynde and intention had carnal copula­tion, vvhich thing is also allowed by the late councel of Trent it selfe, which disanulleth Concil. Trid. Sess. 24. cap. 1. otherwise al clandestine and secret contracts in such states and countries, vvher the authoritie of the said councel is receaued, and admitted, yet to iustifie these kide of marriages in the face of the church, and to make the issue therof le­gitimate and inheritable to estates and posses­sions: it is necessary by al law, and in al nations, that there should be some vvitnes to testifie this consent and contract of the parties before their carnal knowledge, for that otherwise it should lye in euery particuler mans hand, to legitimate any bastard of his, by his only woord, to the pre­iudice of others that might in equitie of suc­cession pretend to be his heyres, and therfore (no doubt) but that the Archbishop of Can­terbury had great reason to pronounce this contract of the lady Catherin, and the earle of Hartford to be insufficient and vnlawful, though themselues did affirme that they had giuen mutual consent before, of being man & vvife, and that they came together, animo mari­tali, as the law of wedlock requireth, but yet for that they were not able to proue their said former consent, by lawful vvitnesses, their saide coniunction was rightly pronounced vn­lawful, and so I conclude that the first sonne of these tvvo parties, might be legitimate be­fore God, and yet illegitimate before men, and [Page 138] consequently incapable of al such succession, as otherwise he might pretend by his said mo­ther.

And this now is for the first begotten of Hovv the second sonne of the earie of hart ford mav be legiti­mate. these two persons, for as touching the second childe, begotten in the tower of London, di­uers learned men are of opinion that he may be freed of this bastardy, for that both the earle and the lady being examined vppon their first child, did consesse and affirme that they vvere man and wife, and that they had meaning so to be, and to continew, vvhich confession is thought to be sufficient, both for ratifying of their old cōtract, and also for making of a new yfthe other had not bin made before. And seeing that in the other former pretended con­tract and marriage, their wanted nothing for iustifying the same before men, and for making it good in law, but only external testimony of witnesses, for prouing that they gaue such mu­tual consent of myndes before their carnal knowledge (for the presence of priest or mi­nister is not absolutly necessary) no man can say that their wanted witnesses for restifying of this consent, before the second copulation, by vvhich vvas begotten their second sonne, for that both the Queene herselfe and her coun­cel, and as many besides as examined these par­ties vppon their first acte and child birth, are vvitnesses vnto them, that they gaue their ful consents and approbations, to be man & vvife, vvhich they ratified afterward in the tower by [Page 139] the begetting of their second child, and so for the reasons afore-said, he must needes seeme to be legitimate, vvhatsoeuer my lord of Canter­bury for that tyme or in respect of the great offence, taken by the estate against that act, did, or might determyne to the contrary.

And this is the somme of that which com­monly is treated, about these two families of the house of Suffolk, to wit of Hartford and Allega­tions of the house of Darby. Darby, both vvhich families of Suffolke, the other two opposite houses of Scotland and Clarence, do seeke to exclude by the first ba­stardy, or vnlawful contract betweene the Queene ofFrance and duke Charles Brandon, as hath bin seene: of which bastardye the house of [...] doth indeuour to auoide it selfe, in manner as before hath bin declared, and pre­ferreth it selfe in degree of propinquity not only before the foresaid two houses of Scot­land and Clarence, but also before this other part of the house of Suffolke, I meane the fa­milie of Hartford, though descended of the el­der daughter, for that the countesse of Darby doth hold her selfe one degree neerer in dis­cent, then are the other pretenders of Hart­ford as hath bin shewed. And albeit their vvant not many obiections and reasons of some, against this pretence of the house of Darby, besides that which I haue touched be­fore, yet for that they are for the most part par­sonal impediments, and do not touch the right or substance of the title, or any other impor­tant [Page 140] reason of state concerning the common vvealth, but only the mistike of the persons that pretende, and of their life and gouerment, I shal omitt them in this place, for that as in the begining I promised, so shal I obserue as much as lieth in me, to vtter nothing in this conference of ours that may iustly offend, and much lesse touch the honor or reputation of any one person of the blood royal of our re­alme, vvhen the tyme of admitting or exclu­ding cometh, then vvil the realme consider as vvel of their persons as of their rightes, and vvil see, vvhat accompt and satisfaction ech person hath giuen of his former life and doings, and according to that vvil proceede, as is to be supposed: but to me in this place, it shalbe enough to treat of the first pointe, vvhich is of the right and interest pretended by vvay of suc­cession, and so vvith this I shal make an ende of these families, and passe ouer to others that yet do remayne.

OF THE HOVSES OF CLARENCE AND BRITANIE, WHICH CONTEYNE THE CLAYMES OF the earle of Huntington, with the Pooles, as also of the lady Infanta of Spayne, and others of those families.
CAP. VII.

HAVING declared the claymes, rightes and pretences, which the two noble hou­ses of Scotland and Suffolke, descended of the tvvo daughters of king Hēry the seuenth, haue or may haue to the succession of Ingland, with intention afterward to handle the house of Portugal a part, vvhich pretendeth to compre­hend in it selfe the whole body, or at least the first and principal branch of the ancient house of Lancaster, it shal not be amisse, perhaps by the way, to treate in this one chapter, so much as appartayneth to the tvvo seueral houses of Clarence and Britanie, for that there is lesse to be said about them then of the other.

And first of al, I am of opinion, that the earle of Huntington, and such other pretendors as VVhy the earle of Hunting­tōs house is said to be of the house of Clarence. are of the house of Yorke alone, before the con­iunction of both houses by king Henry the seuenth, may be named to be of the house of Clarence and so for distinction sake, I do name them, for not to confound them vvith the hou­ses of Scotland and Suffolke, which are termed also by the Lancastrians to be of the houfe of [Page 142] Yorke alone, for that they deny them to be of the true house of Lancaster, but principally I do name them to be of the house of Clarence, for that in deed al their clayme and title to the crowne, doth discende from George duke of Clarence, as before in the third chapter and other vvhere hath bin declared, which duke George being brother to king Edward the fourth, and put to death by his order, left issue Edward carle of Warwick and of Salisbury, vvhich vvas put to death by king Henry the Issue of the house of Cla­rence. seuenth in his youth, and Margaret countesse of Salisbury, which Margaret had issue by Syr Richard Poole, Henry Poole lord Montague, afterward behedded, and he agayne Catherin, married to Syr Francis Hastings earle of Hun­tington, by whom she had Sir Henry Hastings, now earle of Huntington, Syr George Hastings his brother yet liuinge, & others, so as the earle of Huntington vvith his said bretheren be in the fourth degree from the said George duke of Clarence, to wit his nephewes twice remo­ued.

The faide Margaret countesse of Salisbury had a yonger sonne also, named Syr Geffrey Issue of S. Geffrey Poole. Poole, vvho had issue an other Geffrey, and this Geffrey hath two sonnes that liue at this day in Italie, named Arthur and Geffrey, vvho be in the same degree of distance, with the saide earle of Huntington, sauing that some alleage for them, that they do discend al by male kinde from Margaret, and the earle pretendeth by [Page 143] a Woman, vvherof vve shal speake after­ward.

Hereby then it is made manifest, how the earle of Huntingtō commeth to preteud to the crowne of Ingland, by the house of York only, vvhich is no other in deede, but by the debar­ring and disabling of al other former pretēdors, The inte­rest pretē ­ce of the earle of Hunting­ton. not only of Portugal, and of Britanie, as stran­gers, but also of the houses of Scotland & Suf­folke, that hold likewise of the house of Yorke, and that for the reasons and argumēts vvhich in the former two chapters I haue set downe in particuler, against euery one of them, and shal here-after also againe those that remaine, vvhich arguments and obiections, or any of them, if they should not be founde sufficient, to exclude the said other houses, then is the clayme of this house of Huntington therby made voide, for that it is (as vve see) by the yon­ger childe of the house of Yorke, that is to saye, by the second brother: so as if either the pre­tence of Lancaster in general be better thē that of Yorke, or if in the house of Yorke it selfe, any of the fornamed pretenders descended frō K. Edward the fourth as of the elder brother, may hold or take place, then holdeth not this title of Clarence, for that (as I haue said) it cō ­ming from the yonger brother, must needes be grounded only, or principally vppō the barring and excluding of the rest, that ioyntly do pre­tēd: of which barres and exclusions laid by this house of Clarence against the rest, for that I [Page 144] haue spoken sufficiētly in the last two chapters, going tefore, for so much as toucheth the two houses of Scotland and Suffolk, and shal do af­terwards about the other two of Britanie and Portugal, I meane in this place to omit to say any more therin, & only to consider vvhat the other competitors do alleage against this house of Clarence, and especially agaynst the pre­tence Obiectiōns against the earle of Hun­tington. 1. of the earle of Huntington, as chiefe tit­ler therof, for to the excluding of him, do con­curr not only those other of opposite houses, but also the Pooles of his owne house, as now vve shall see.

First then, the contrary houses do alleage ge­nerally against al this house of Clarence, that seing their clayme is founded only vppon the right of the daughter of George duke of Cla­rence, second brother to K. Edward the fourth, euident it is, that so long as any lawful issue re­mayneth of any elder daughter, of the said king Edward the elder brother (as they say much doth and cannot be denyed) no clayme or pre­tence of the yonger brothers daughter, can be admitted, and so by standing vppon this, and answering to the obiections alleaged before, against the elder houses, they hold this matter for very cleere, and al pretence of this house of Clarence vtterly excluded.

Secondly the same opposite houses do al­leage 2. Attain­ders in the house of Hun­tington. diuers attainders against the principal heades of the house of Clarence, vvherby their vvhole interests vvere cut of, as namely it is to [Page 145] be shewed in three discents, the one after the other, to vvit in duke George himselfe, the first head & beginner of this house, that was attain­ted and executed, and then in the lady Marga­ret his daughter and heyre, countesse of Salis­bury, and in like manner attaynted and execu­ted: thirdly in her sonne and heyre Henry Poole lord Monrague put also to death, from vvhose daughters both the earle of Huntington & his brethren, vvith the children of Syr Thomas Barrington do descende, and albeit some may say, that the said house of Clarence hath bin since those attainders, restored in blood, yet re­ply these men, that except it can be shewed that particuler mention was made of reabili­ting the same to this pretence of succession to Restitu­tion may be in blood vvithout restitutiō of digni­tie. the crowne, it vvil not be sufficient, as in like manner they affirme, that the same restoring in blood (if any such were) hath not bin sufficiēt to recouer the ancient landes and titles of ho­nor, which this house of Clarence had before these attainders, for that they were forfeited therby to the crowne, and so say these men was their forfeited therby in like manner vnto the next in blood not attainted, this prerogatiue of succeeding to the crowne, and cannot be re­stored againe by any general restauration in blood, except special mention be made therof, euen as vve see, that many houses attainted are restored daylie in blood, without restoremēt of their titles and dignities, and a present example we haue in the earle of Arundel restored in [Page 146] blood but not to the title of duke of Norfolke, and this saye the opposite houses against this house of Clarence.

But now thirdly entreth in also against the The pre­tence of the Pooles against Hunting­ton. earle of Huntington, the opposition of some of his owne house, vvhich is of the issue of Syr Geffrey Poole, brother to his grād father, vvho say, that vvhen the lord Henry Montague vvas put to death vvith his mother the countesse of Salisbury, and therby both their pretences and titles cut of in them, then fel al such right as they had or might haue, vppō the said Sir Gef­fry Poole, and not vppon his neece the lady Ca­therin daughter of the lord Henry his elder brother, and mother of the earle of Huntingtō, and this for three causes. First for that he was not attainted, and so vvhether we respect his grand-father duke George of Clarence, or his great grand father duke Richard of York, the saide right in this respect discended to him, and secondly for that he vvas a degree neerer to the said dukes his ancestors, then vvas at that tyme his neece Catherine, vvhich right of nee­rest propinquitie, say these men, is made good & lawful by al the reasons, examples, presidēts, and authorities alleaged before in the fourth chapter of this conference, in fauour of vncles before their nephewes, and it shal not neede that vve speake any thing more of that matter in this place, but only to remit your remem­brance to that vvhich herein hath bin said be­fore.

[Page 147]Fourthly they proue the same in fauour of Syr Geffrey, for that the lady Catherin vvas a vvoman, and Syr Geffrey a man, vvhose priui­lege is so great in a matter of succession (as also hath bin touched before) that albeit they had bin in equal degree, and that Syr Greffrey were not a degree before her as he vvas, yet seing nei­ther of thē nor their fathers vvere euer in pos­sessiō of the thing pretended, Sir Geffrey should be preferred, as hath bin shewed before by some presidents, and shalbe seene afterward in the case of Portugal, wherin the king of Spaine that now is vvas preferred to the crowne, for that respect only that his competitors vvere vvomen, and in equal degree of discent vvith him; and he a man. And the very like allega­tion of propinquitie, I haue hard produced for the lady Wenefred vvife of Syr Thomas Bar­rington (if she be yet a-liue) to wit, that she is before the earle of Huntington and his brethrē, by this reason of propinquitie in bloode, for that she is one degree neerer, to the stock then they.

Fiftly and lastely, both these and other cō ­petitors Obiectiō of Reli­gion. do alleage against the earle of Hūnting­ton as an important and sufficient barr against his pretence, the qualitie of his religion, vvhich is (as they say) that he hath bin euer knowne to fauour those which commonly in Ingland are called Puritanes, and not fauoured by the state, but yet this stoppe is alleaged diuersly by com­petitors of diuers religions: for that such as are [Page 148] followers and fauoures of the forme of religion receaued and defended by publique authoritie of Ingland at this daye, vvhom for distinction sake, men are vvont to call by the name of mo­derate protestants, these (I saye) do vrge this exclu­sion against the earle of Huntington, not vppō any certaine law or statute, extant against the same, but ab aeqno & bono, as men are vvont to say, and by reason of state, shewing infinite in­conueniences hurts damages and dangers, that must needes ensew, not only to the state pre­sent of religion in Inglād, but also to the whole realme and body politike, if such a man should be admitted to gouerne. And this consideration of state in their opinion is a more forceable ar­gument for excluding such a man, then any sta­tute or particuler law against him could be, for that this comprehendeth the very intention, meaning, and drift of al lawes and lawmakers of our realme, vvhose intēsions must needes be presumed to haue bin in al tymes, to haue ex­cluded so great and manifest incoueniences, & thus say they.

But now, those that are of the Roman reli­gion, and contrary both to puritan and prote­testant do vrge a great deale further this argu­ment, against the earle, and do alleage many la­wes, ordinances, decrees, and statutes both of the Canon and imperial lawes, as also out of the old lawes of Ingland, vvhich in their opi­nion, do debarr al that are not of their religion, and consequently, they would hereby exclude [Page 149] both the one and the other of these pretendēts. And in fine they do conclude, that seing their vvanteth not also some of their owne religion (called by them the Catholique) in the house of Clarence, they haue so much the lesse diffi­cultie to exclude the earle of Huntingtons per­son for his religion, if one of that house were to be admitted of necessitie.

And this is so much as seemeth needful to be spoken at this tyme and in this place, of this house of Clarēce, and of the pretenders therof. It resteth then that I treate something also of the house of Britanie and France, which tvvo The house of Britanie. houses are ioyned al in one, for so much as may apperteyne to any inheritance or pretence to Ingland, or vnto any parcel or particuler state therof, at home or abroade, that may follow the succession or right of women, vvhich the king­dome of Frāce in it selfdoth not, as is knowne, and consequently a vvoman may be heire to the one vvithout the other, that is to say, she maye be heyre to some particuler states of France inheritable by women, though not to the crowne it selfe, and so do pretende to be the tvvo daughters of Frāce, that were sisters to the late king Hēry the third, which daughters were married, the one to the king of Spaine that now is, by whom he had issue, the Infanta of spayne yet vnmarried, and her yonger sister married to the duke of Sauoy, and the other to vvit the yonger daughter of the king of France, vvas married to the duke of Loraine, yet liuing, by [Page 150] whom she had the prince of Lorayne, & other children that liue at this day.

This then being so cleere as it is, first, that according to the common course of succession in Ingland, and other countries, and according to the course of all common law, the Infanta of The course of inheritan ce in the crovvne of Frāce. Spaine, should inherite the whole kingdome of France, and al other states therunto belon­ging, she being the daughter and heyre of the eldest daughter of king Henry the second king of France, whose issue male of the direct line, is vvholy now ended, but yet for that the French, do pretend their law Salik to exclude vvomen, (which we Inglish haue euer denied to be good vntil now) hereby commeth it to passe, that the king of Nauarr pretendeth to enter, & to be preferred before the said Infanta or her sisters children, though male, by a collateral line. But yet her fauourers say, I meane those of the Infanta, that from the dukedomes of Bri­tanie, Aquitaine, and the like, that came to the crowne of France by women, and are inherita­ble by womē, she cannot be in right debarred, as neyther from any succession or pretence in Ingland, if either by the blood royal of France, Britanie, Aquitaine or of Ingland it selfe, it may be proued that she hath any interest therunto, as her said fauourers do affirme that she hath, by these reasons following.

First, for that she is of the ancient blood First pre­tence of the Infan ta to In­gland. royal of Ingland, euen from the conquest, by the elder daughter of William the conqueror [Page 151] married to Allayne Fergant duke of Britanie, as hath bin shewed before in the second chapter, and other places of this conference, and of this 1. pointe they inferr two or three consequences. First that vvhen the sonnes of the Conqueror vvere dead without issue or made vncapable of the crowne (as it vvas presumed at least wife of king Henry the first, last sonne of the Conque­ror, that he lost his right for the violence vsed to his elder brother Robert, and vnto William the said Roberts sonne & heyte) then say these men, ought the said duchesse of Britanie to haue entred as eldest sister. 2.And secondly they saye that when duke Robert that both by right of birth and by expresse agrement with Wil­liam Polydor. in vita Guliel. Rufi. Rufus, and with the Realme of Ingland, should haue succeded next after the said Ru­fus, came to dye in prison, the said lady Con­stance should haue succeded him, for that his brother Henry being culpable of his death, could not in right be his heyre. 3.And thirdly they say that at least vvise after the death of the said king Henry the first, she and her sonne I meane lady Constance and Conan duke of Bri­tanie, should haue entred before king Stephen, vvho was borne of Adela the yonger daughter, of William Conqueror.

Secondly they do alleage, that the Infanta of Second pretence of the In­fanta of Spaine. Spayne descēdeth also lineally from lady Elea­nor eldest daughter of king Henry the second, married to king Alonso the nynthe of that name king of Castile, vvhose eldest daughter & [...] [Page 154] leesing by this forfeit, al right he had in the kingdome of Ingland it followeth, that the same should haue gone to his said sister, & by her to this lady Blanch her heyre, and eldest daughter, married into france as hath bin saide, which forfeit also of king Iohn, these men do confirme by his depriuation by the Pope that soone after ensewed, as also by an other depri­uation made by the Barrons of his realme, as after shalbe touched.

Further more they saye that when Arthur 3. Pretence by Arthur duke of Britanie. duke of Britanie (whom to this effect they do hold to haue bin the only true heyre at that tyme to the kingdome of Ingland) vvas in pri­son in the castle of Roan, suspecting that he should be murthred by his said vncle K. Iohn, he nominated this lady Blanch his cosen ger­manie, to be his heyre, persuading himselfe that she by the helpe of her husband prince Lewis of France, and her father the king of spaine, should be better able to defend and recouer his or her right, to the crowne of Ingland then Eleanor his owne sister, should be, who vvas also in the handes of his said vncle: for that he supposed that she also should be made away by him shortly after, as in deede the french chro­nicle affirmeth that she vvas: and howsoeuer Belforest I. 3. cap. 71 hist. Fran. this matter of duke Arthurs testament were; yet certaine it is, that vvhen he and his sister vvere put to death, the next in kynne, that could succeede them in their right to Ingland, vvas this lady Blanch, and her mother Queene [Page 155] Elenor, that was sister to Arthurs father, Gef­frey duke of Britanie. For that king Iohn their vncle was presumed by al men to be vncapable of their inheritance, by his putting of them to death, and child yet he had none, and this is the second pointe that these men do deduce for the lady Infanta of Spayne, by the title of Queence Eleanor and her daughter Blanch, to whom the Infanta is next heyre.

A third interest also the same men do deriue Electiō of Levvys the 8. to be King of Inglād. to the Infanta, by the actual deposition of king Iohn by the Barons and states of his Realme in the 16. yeare of his reigne, and by the election and actual admission of Lewis prince of Frāce, husband of the foresaid lady Blanch, whom they chose with one consent, and admitted and swore him fealtic and obedience in London, for him and for his heyres and posteritie, in the yeare 1217. and gaue him possession of the said citie and Tower of London, and of many other Polydor. l. 15. hist. Angl. Holling & Stovv in vita Ioan­nis. cheefe places of the realme, & albeit afterwatd the most parte of the realme chainged their myndes agayne, vppon the suddaine death of the said king Iohn, and chose and admitted his yong sonne Henry the third, a child of nync yeares old, yet do the fauourers of the Infanta say, that their remayneth to her as heyre vnto the said Lewis, vntil this day, that interest which by this election oth and admission of Belfor. li. [...] cap. 67. Girard li. histor. [...]. [...]. france. the realme, remained vnto this prince Lewis, which these men affirme to be the very like case, as was that of Hugo Capetus in France, [Page 156] who came to be king especially, vppon a cer­tayne title that one of his ancestors named Odo earle of Parris, had, by being once elected king of France, and admitted and sworne, though af­terward he were deposed agayne, and yong Charles surnamed the simple was admitted in his place, as Henry the third was in England after the election of this Lewis. But yet as the other continued euer his right and clayme vn­til it was restored to Hugo Capetus one of his race, so say these men, may this Infanta cōtinew and renew now the demaund of this right of king Lewis her ancester, for that titles and in­terestes to kingdomes, once rightly gotten, do neuer dye, but remaine euer for the posterity to effectuate when they can, & thus much of this matter.

But after this againe, these men do shew, how that the said Infanta of Spayne, doth dis­cende Pretence by dissent from Hē ­ry the third. also from Henry the third, sonne of king Iohn, by the dukes of Britanie, as before in the secōd chapter hath bin declared, and in the ar­bor and genealogie following in the end of this conference shalbe seene, for that king Henry besides his two sonnes Edward and Edmond, which were the beginners of the two houses of Yorke and Lancaster, had also a daughter na­med Lady Beatrix, married to Iohn the second of that name duke of Britanie, and by him she had Arthur the second, and so lineally from him haue descended the princes of that house, vntil theire vnion with the crowne of France, [Page 157] and from thence vnto this lady Infanta of Spayne, that now is, who taketh herselfe for proper heyre of the said house of Britanie, and heyre general of France, as hath bin said.

By this third coniunction then, of the house of Britanie with the blood royal of Ingland, the frendes of the Infanta do argue in this manner, that seing she discendeth of the sister of these two brothers which were the heades of the two opposite houses of Lancaster and Yorke, and considering that each of these hou­ses hath oftentymes bin attainted, & excluded from the succession by sondry actes of parla­ment, and at this present are opposite, and at contention among themselues: why may not this right of both houses (say these men) by way of composition peace and comprimise, at Admissiō by com­position. least, be passed ouer to the issue of their sister vvhich resteth in the Infanta.

Agayne they saye that al these three bran­ches of the lines of Inglish kings, to wit by the lady Constance daughter of king William Con­queror, by the lady Elenor daughter of king Henry the second, and by the lady Beatrix daughter of king Henry the third, it is euidēt, that this lady the infanta of Spaine, is of the true and ancient blood royal of Ingland, and that diuers wayes she may haue clayme to the same, vvhich being graunted, they inferr, that seing matters are so doubtful at this day, about the next lawful succession, and that diuers of the pretendores are excluded, some for bastar­die, [Page 158] some other for religion, some for vnaptnes to gouerne, and some for other causes, & seing the common wealth hath such authoritie to dispose in this affaire, as before the Ciuil la­wyer hath declared, why may there not consi­deration be had among other pretenders, of this noble princesse also (saie these men) especially seing she is vnmarried and may therby cōmo­date many matters, and salue many breaches, & satisfie many hopes, and giue contentment to many desires, as the vvorld knoweth.

And this is in effect as much as I haue hard Obiectiōs against the Infan tas pre­tence. alleaged hitherto in fauour of the Infanta of Spayne, but against this pretence, others do pro­duce diuers arguments and obiections, as first of al, that these her claymes be very old and vvorne out, and are but collateral by sisters. Se­condly that she is a stranger, and allien borne. Thirdly that her religion is cōtrary to the state. vnto al which obiections, the fauourers afore­said do make their answeres, and to the first they say, that antiquity hutteth not the good­nes of a title, vvhen occasion is offred to aduāce the same, especially in titles apperteyning to kingdomes, which commonly are neuer presu­med to dye, as hath bin said, and nullum tempus occurrit Regi saith our law. And as for collate­ral lines, they say, that they may lawfully be ad­mitted to enter when the direct lynes do eyther fayle or are to be excluded, for other iust re­spects, as in our case they hold that it happe­neth. And as for the second pointe of forraine [Page 159] birth they saye there hath bin sufficient answe­red, before in treating of the house of Scotland, that in rigor it is no barr, by intention of any Inglish law, yet whether in reasō of state & po­litique gouerment, it may be a iust impedimēt or no, it shal after be handled more al large vvhen we come to treat of the house of Por­tugal. To the last pointe of religion they an­swer that this impediment is not vniuersal, not admitted in the iudgment of al men, but only of those Inglish that be of different religion from her. But to some others (and those many as these men do vveene) her religion vvil rather be a motiue to fauour her title then to hinder the same, so that on this ground no certaintie can be buylded, and this is as much as I haue to say at this tyme of these two families of Cla­tence and Britanie.

OF THE HOVSE OF PORTVGAL VVHICH CON­TEYNETH THE CLAYMES AS VVEL 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. VIII.

IT hath bin oftentymes spoken before vp­pon occasions offred, that the princes of the house of Portugal at this day, do persuade thē ­selues that the only remaynder of the house of The princes of Portugal are of the house of Lācaster. Lancaster resteth among them, as the only true heyres of the lady Blanch duchesse and heyre of Lancaster, & first wife of Iohn of Gaunt, which pointe of these princes descents from the said duchesse of Lancaster, though it be declared sufficiently before in the third and fourth chap­ters: yet wil I briefly here also set downe and repeat agayne the reasons therof, vvhich are these that follow.

Iohn of Gaunt vvas duke of Lancaster by the right of his first vvife lady Blanch, and had by her only one sonne, as also one daughter, of vvhom vve neede heere to speake, for that the other hath left no issue now liuing. The sonne vvas king Henry the fourth, vvho had issue king Henry the fift, and he agayne Henry the sixt, in vvhom vvas extinguished al the succes­sion of this sonne Henry.

[Page 161]The daughter of Iohn of Gaunt by lady The issue of lady Phillip Queene of Portu­gal. Blanch vvas called Phillip, vvho vvas married to Iohn the first king of that name of Portugal, vvho had issue by him king Edward, and he agayne had issue king Alfonsus the fift king of Portugal, and he and his ofspringe had issue agayne the one after the other vntil our tymes, and so by this marriage of lady Phillip, to their first king Iohn, these princes of the house of Portugal that liue at this day, do pretende that the inheritance of Lancaster is only in them, by this lady Phillip, for that the succession of her elder brother king Henry the fourth, is expi­red long ago. This is effect is their pretence, but now vve vvil passe on to see vvhat others say, that do pretend also to be of the house of Lancaster by a latter marriage.

Iohn of Gaunt after the death of his first vvife lady Blanch, dyd marrye againe the lady Issue of Iohn of Gaunt by his later vviues. Constance daughter of king Peter surnamed the cruel of Castile, and had by her one daugh­ter only named Catherin, vvhom he married afterward back to Castile againe, giuing her to vvife, to king Henry the third of that name, by vvhom she had issue king Iohn, and he others, so as lineally king Philippe king of Spayne is descēded from her, vvhich king Phillip being at this day king also of Portugal, and the cheife titler of that house vnto Ingland, he ioyneth Sce the arbor in the end of this booke. the inheritance of both the two daughters of Iohn of Gaunt, in one, & so we shal not neede to talk of these two daughters hearafter di­stinctly [Page 162] but only as of one, seing that both their discents do end in this one man.

The only difficultie and dissention is then, The point of diffi­cultie. about the issue of the third marriage, vvhich vvas of Iohn of Gaunt vvith lady Catherin Swinford, whom he first kept as a Concubine, in the tyme of his second wife lady Constance, as before hath bin shewed in the third chapter, and begat of her fower children, and after that his wife lady Constance vvas dead, he tooke her to vvife for the loue he bare to his children, a litle before his death, and caused the said chil­dren to be legitimated by authority of parla­ment, and for that none of these fower chil­dren of his, haue left issue, but only one, that vvas Iohn earle of Somerset, we shal speake only of him ommitting al the rest.

This Iohn then earle of Somerset had issue an other Iohn, which was made duke of Somer­set Issue of Catherin Svvin­ford. by king Henry the sixt, who vvith his three sonnes, vvere slayne by the princes of the house of Yorke, in the quarrel of Lancaster, & so left only one daughter named Margaret, who by her husbād Edmond Tydder, earle of Rich­mond, vvas Countesse of Richmond, & had by him a sonne named Henry earle of Richmond, that was after king, by the name of king Henry the senenth, and from him al his discendents both of the house of Scotland and Suffolke, do pretend also to be of the house of Lancaster, which yet can be no otherwise then now hath bin declared, to wit, not from Blanch first wife [Page 163] & heyre of the duchy of Lancastee, but frō Ca­therin Swinford his third wife, vvherin riseth the question vvhether those men, I meane king The prin­cipal que­stion. Henry the seuēth, & his discendents, may pro­perlie be said to be of the true house of Lanca­ster, or no, wherunto some do answere vvith a distinctiō, to wit, that to the duchy of Lācaster, Ansvver. wherof the first wife lady Blāch was heire; these of the third marriage cannot be heyres, but only the remaynder of the issue of the said lady Blanch that resteth in the princes of the house of Portugal. But yet to the title of the crowne Duchie of Lācaster. of Inglande, which came by Iohn of Gaūt him­selfe, in that he vvas third sonne of K. Edward the third, and eldest of al his children that li­ued vvhen the said king Edward dyed (by vvhich is pretended also that he should haue succeded immediatly after him before king Ri­chard the secōd, as before in the fourth chapter hath bin declared) to this right (I saie) & to this The crovvne. interest of the crowne, which came by Iohn of Gaunt himselfe, & not by lady Blāch, or by any other of his wiues, the discendents of king Henry the seuenth do say that they may and ought to succede, for that Iohn earle of Somer­set eldest sonne of Iohn of Gaunt by lady Ca­therin Swinford, though he vvere begotten out of matrimony, yet being afterward made legi­timate, An exam ple of Edvvard the sixth & of the prince of spaine. he vvas to inherite this right of Iohn of Gaunt his father, before the lady Phil­lip his sister, for that so vve see that king Edvvard the sixt, though yonger, and but [Page 164] halfe brother vnto the lady Mary and Eliza­beth his sisters, yet he inherited the crowne be­fore them, and in like manner is lord Phillippe prince of Spaine at this daye to inherite al the states of that crowne before his two sisters; that be elder then he, & so likewise saye these men, ought Iohn of Somerset to haue donne before Phillippe his eldest sister, if he had bin aliue at that tyme, vvhen king Henry the sixt vvas put downe and dyed, and consequently his posteri­ty, vvhich are the discendents of king Henry the seuenth, ought to enioye the same before the princes of Portugal, that are the discēdents of Lady Phillippe his sister, thus say the issue of king Henry the seuenth.

But to this the princes of the house of Por­tugal do reply, and say, first, that by this it is Replies of the house of Portugal. euident at least, that the dukedome of Lancaster vvherof the lady Blanch vvas the only heyre, must needs apperteyne to them alone, and this vvithout al doubt or controuersie, for that they only remaine of her issue after extinguishing of the posterity of her elder brother K. Henry the fourth, which vvas extinguished by the death of king Henry the sixt, and of his only sonne The duke dome of Lācaster. prince Edward, and for this they make no que­stion or controuersie, assuring themselues that al law, right and equity, is on their side. The legi­timation of Cathe­rin Svvin­fords children not lavv­ful.

Secondly touching the succession and right to the kingdome, they saye, that Iohn earle of Somerset being borne out of Wedlock, and in adultery, for that his father had an other vvife [Page 165] aliue vvhen he begatt him, and he continuing a bastard so many yeares, could not be made le­gitimate afterward by parlament to that effect of succession to the crowne, and to depriue Queene Phillip of Portugal, and her children borne before the others legitimation, frō their right and succession, vvithout their consents, for that Iohn king of Portugal, did marry the said lady Phillip, vvith condition to enjoy al prerogatiues that at that day vvere due vnto her, and that at the tyme vvhen Iohn of Gaunt did marry the said lady Catherine Svvinford, & made her children legitimate by act of parla­ment (vvhich vvas in the yeare of Christ 1396. and 1397.) the said lady Phillip Queene of Por­tugal, Stovv in vit. Ri­chardi 2. had now tvvo sonnes liuing, named don Alon so, and don Edwardo, vvhich vvere borne in the yeares 1390. and 1391. that is six yeares Garibay his Por­tugal. l. 33 cap. 4. before the legitimation of Iohn earle of So­merset, and his brethren, and therby had ius acquisitum, as the law saith, vvhich right once acquired and gotten, could not be taken away by any posterior act of parlament afrervvard, vvithout consent of the parties interressed, for vvhich they do alleage, diuers places of the ca­non law, vvhich for that they hold not in In­gland, I do not cite, but one example they put to shew the inconuenience of the thing (if it should be otherwise determined then they af­firme) Note this example. Stovv in vit. Hen­rici 8. vvhich is, that if king Henry the eight that had a bastard sonne, by the lady Elizabeth Blunt, vvhom he named Henry fitzroy, & made [Page 166] him both earle of Notingham, and duke of Richmond and Somerset in the 18. yeare of his reigne, at vvhat tyme the said king had a law­ful daughter a liue, named the princesse Mary by Queene Catherin of Spayne; if (I say) the king should haue offred to make this sonne le­gitimate by parlament, with intent to haue him succeede after him, in the crowne, to the preiudice and open iniury of the said lawful daughter, these men do say that he could not haue done it, and if he should haue done it by violence, it would not haue held, and much lesse could Iohn of Gaunt do the like, being no king. Nor was the act of parlament sufficiēt for this pointe, it being a matter that depended especially (say these men) of the spiritual court, and of the Canon law which law alloweth this legitimation no further, but only as a dispensa­tion, and this so farforth only as it doth not pre­iudice the right of any other.

Nether helpeth it any thing in this matter, the matriage of Iohn of Gaunt with lady Ca­therin, Iohn of Gauntes marriage vvith Ca­therin Svvinford helpeth not the legitima­tion. for to make better this legitimation, for that as hath bin said, their children vvere not only naturales but Spurij that is to saye be­gotten in playne aduoutrie and not in simple fornication only, for that the one partie had a wife a liue, and consequently the priuelege that the law giueth to the subsequent marriage of the parties for legitimating such children, as are borne in simple fornication, that is to say betweene parties that vvere single and none of [Page 167] them married, can not take place here, so as these men conclude, that albeit this legitima­tion of parlament, might serue them to other purposes, yet not to depriue the princes of Por­tugal of their prerogatiue to succede in their mothers right, which she had vvhen she vvas married to their father.

And this they affirme to haue bin law and right at that tyme, if the said Queene Phillip & earle Iohn had bin aliue together, vvhen Henry the sixt and his sonne vvas put to death, & that this questiō had bin then moued at the deathe of king Henry the sixt, whether of the two, to vvit either the said Queene Phillip or her yon­ger brother Iohn earle of Somerset by the fa­thers The que­stion be­tvveene lord Phil­lip and Iohn of Somerset. side only, should haue succeded in the in­heritance of king Henry the sixt, in vvhich case these men presume for certaine, that the said Queene Phillippe legitimatly borne, and not Iohn made legitimate by parlamēt, should haue succeded, for that by common course of law, the children legitimated by fauour, albeit their legitimation vvere good and lawful (as this of these children is denyed to be) yet can they neuer be made equal, and much lesse be preferred before the lawful and legitimate by byrthe.

But now say these men, the case standeth at this present somewhat otherwise, and more for the aduantage of Queene Phillippe, and her ofspring, for vvhen king Henry the sixt, & his sonne were extinguished, and Edward duke of [Page 168] Yorke thrust hym selfe in to the crowne (which vvas about the yeare of Christ 1471) the fore­said two princes, lady Phillip and earle Iohn, vvere both dead, as also their children, and only their nephewes vvere aliue, that is to saye, their liued in Portugal king Alfonsus the fift of that name, sonne to king Edward, vvhich Edward vvas child to Queene Phillip, and the death of king Henry the sixt of Ingland hap­pened in the 38. yeare of the reigne of the said king Alfonsus: and in Inglād liued at the same tyme, lady Margaret Countesse of Richmond, mother of king Henry the seuenthe and neece of the foresaid Iohn earle of Somerset, to vvit the daughter of his sonne duke Iohn of So­merset, so as these tvvo competitors of the house of Lancaster, that is to say, king Alfonsus and lady Margaret, were in equal degree from Iohn of Gaunt, as also from king Henry the sixt, sauing that king Alfonsus vvas of the vvhole blood, as hath bin said, and by Queene Phillip that vvas legitimate, and the countesse of Richmond vvas but of the halfe blood, as by Iohn earle of Somerset, that vvas a bastard le­gitimated.

The question then is, which of these tvvo The que­stion be­tvveene the ne­phevves. should haue succeded by right, of the house of Lancaster, immediatly after the death of king Henry the sixt, and the lady Margaret allea­geth that she vvas descended from Iohn earle of Somerset that vvas a man, and therfore to be preferred, and king Alfonsus alleaged that he [Page 169] being in equal degree of neernes of blood with the same countesse (for that both vvere nephe­wes) he vvas to be preferred before her, for that he was a man, and of the vvhole blood, to the last kings of the house of Lancaster, and that she was a vvoman and but of the halfe blood, so that three prerogatiues he pretended before her. First that he vvas a man and she a vvoman, and secondly that he descended of the lawful and elder daughter, and she of the yonger bro­ther legitimated, and thirdly that he vvas of vvhole blood, and she but of halfe, and for bet­ter fortifying of this proofe of his title, these men do alleage a certayne case, determyned by the learned of our dayes as they say, vvherin for the first of these three causes only, the succes­sion to a crowne vvas adiudged vnto king Phil­lip of Spayne, to vvit the succession to the kingdome of Portugal, vvhich case was in al respects correspondent to this of ours: for that Emanuel king of Portugal had three children, for so much as apperteyneth to this affaire (for afterward I shal treat more particulerly of his issue) that is to say, two sonnes and one daugh­ter, in this order, Iohn, Elizabeth and Edward, euen as Iohn of Gaunt had Hēry, lady Philippe, and Iohn.

Prince Iohn of Portugal first child of king The case of succes­sion to Portugal. Emanuel, had issue an other Iohn, and he had Sebastian in whom the line of Iohn the first child vvas extinguished: but Iohns sister Eliza­beth, vvas married to Charles the Emperor, & [Page 170] had issue K. Phillip of Spayne that now liueth. Edward also yōger brother to Elizabeth or Isa­bel had issue two daughters, the one married to the duke of Parma, & the other to the duke of Bragansa, so as king Phillip vvas in equal de­gree vvith these ladies in respect of king Ema­nuel, for that he vvas sonne to his eldest daugh­ter, and the two duchesses vvere daughters to his yonger sonne, & vppon this rested the que­stion, vvhich of these should succeede, and it vvas decided that it apperteyneth vnto king Phillip, for that he vvas a man, and his mother vvas the elder sister, though if king Phillips mother and the two duchesses father I meane lord Edward of Portugal had bin aliue toge­ther, no doubt but that he beinge a mā should haue borne it away, vvhich these men say, hol­deth not in our case, but is much more to our aduantage, for that it hath bin shewed before, that if Queene Phillippe had bin aliue vvith earle Iohn of Somerset at the death of king Henry the sixt, she should haue bin prefer­red as legitimate, by birth, and therfore much more ought her nephew king Alfonsus to haue bin preferred afterward in that he vvas a man, before the neece of the said earle Iohn of Somerset, that vvas but a vvoman, thus farr they. The pro­per inte­rest of K. Henry the 4. cā ­not dis­cend to king Hēry the 7.

And besides all this, they do adde (as often before I haue mentioned) that king Alfonsus vvas of the vvhole blood vnto al the three king Henries of the house of Lancaster, & the coun­tesse [Page 171] of Richmond vvas but of the halfe blood: and for more strengthening of this argument, they do say further, that besides that interest or right to the crowne, vvhich king Henry the fourth (that vvas the first king of the house of Lancaster) had by his father Iohn of Gaunt, in that the said Iohn vvas third sonne of king Edward the third, the said king Henry had di­uers other interestes also which came of him­selfe only, and not from his said father, as vvere (for example) his being called into the realme by general voyce of al the people: his right got­ten by armes, vppon the euil gouerment of the former king: the personal resignation and deli­uery of the kingdome by solemne instrument made vnto him, by king Richard: his election also by parlament, & coronation by the realme: and finally the quiet possession of him and his posteritie, for almost threescore yeares, vvith many confirmations of the whole realme, by diuers acts of parlament, othes, and other assu­rāces, as the world knoweth: so many I meane, and so autētical, as could possibly be deuised or giuen: and besides al this, that vvhen king Ri­chard vvas dead, he vvas next in degree of pro­pinquitie vnto him, of any man liuing, for that the sonnes of Roger Mortimer, vvere two de­grees further of then he, as hath bin shewed before. Al vvhich particuler rightes and intere­stes, vvere peculier to Henry the fourth his per­son, and vvere not in his father Iohn of Gaunt, and therfore cannot possibly discend from him [...] [Page 174] left by the last duke of Parma, lord Ranutius that is now duke of Parma, and lord Edward that is Cardinal: and the lady Catherine du­chesse of Bragansa that yet liueth, hath issue di­uers goodly princes, as the lord Theodosius, that is now duke of Bragansa, and three yonger brothers, to vvit, Edward, Alexander and Phil­lip, al yong princes of great expectation, and these are the children of king Emanuel vvhose particuler successions and issues, I shall declare somwhat more yet in particuler.

Prince Iohn of Portugall afterward king, by Issue of K. Iohn the 3. of Portugal. name of king Iohn the third, had issue an other Iohn that vvas prince of Portugal, but dyed be­fore his father and left a sonne named Seba­stian, vvho vvas king, and slayne afterward by the Moores in Barbary, and so ended this first lyne.

The second sonne, and fourth childe of king Emanuel, vvas named lord Lewis, and dyed al­so L. Levves father of Don An­tonio. vvithout issue legitimate, as is supposed, for that don Antonio his sonne, that afterward vvas proclaymed king by the people of Lis­bone, and now liueth in Ingland, vvas taken by al men to be vnlawful, as presently more at large shalbe shewed, so as after the death of king Sebastian, their entred the Cardinal lord King Hen ry Car­dinal. Henry; vvhich vvas third sonne to king Ema­nuel, and great vncle to king Sebastian lately disceased, for that he was brother to king Iohn the third, that vvas grand father to king Seba­stian, and albeit their vvanted not some (accor­dinge [Page 175] as the authors wryte vvhich afterward I shal name) vvho affirmed and held, that king Phillip of Spayne should haue succeded king Sebastian before the Cardinal, for that he vvas neerer in consanguinitie to him then vvas the Cardinal, for that besides that king Phillip was sonne of king Emanuels eldest daughter, he vvas brother also to king Sebastians mother, yet the said Cardinal entred peceably and by consent of al parties, but for that he vvas old, and vnmarried, and not like to leaue any child of his owne, there began presently the con­tention in his dayes, vvho should be his suc­cessor.

To vvhich succession, did pretende fiue prin­ces of the blood royal of Portugal, besides the lady Catherine Queene mother of France, who The pre­tence of the Queene mother in France to Por­tugal. pretended by her mothers side to be discended of one lord Raphe, earle of Bulayne in Picardy, vvhich Raphe vvas eldest sonne of Alfonsus the third king of Portugal; which Alfonsus be­fore he vvas king, to wit, in the tyme, of his el­der brother king Sanches of Portugal, was mar­ried to the countesse and heyre of Bullayn, na­med Mathildis and had by her this Raphe: but afterward this Alfonsus comming to be king of Portugal, he married agayne vvith the king of Castiles daughter, and had by her a sonne called Denyse, vvho reigned after him, and his successors, vnto this day, al which succession of kinge Denyse & his posteritie, the said Queene mother would haue improued and shevved, [Page 176] that it apperteyned to her by the said Raphe, & for this cause sent she to Portugal, one lord Vrban bishop of Comince in Gasgonie, to plead her cause, vvhich cause of hers vvas quicklie reiected, and only the forsaide fiue princes discended of king Emanuels children, were admitted to tryal for the same, which Fiue pre­tenders of the Grovvne of Portu­gal. vvere, Don Antonio sonne of lord Lewis the king Cardinals elder brother, and king Phillip of Spayne sonne of lady Elizabeth the eldest si­steof t he said Cardinal, and Philibert duke of Sauoy sonne of the lady Beatrix the same Car­dinals yonger sister, and the two duchesses of Parma and Bragansa, named Mary and Cathe­rine, daughters of lord Edward yonger brother of the said Cardinal, and yongest child of king Emanuel. And for that the lady Mary duchesse of Parma, vvhich vvas the elder of the tvvo daughters, vvas dead before this controuersie fel out, her eldest sonne lord Ranutio now duke of Parma, pretended by her right, to the said crowne.

And for that this matter vvas of so great im­portance The con­tention about the suc­cession of Portugal. euery parte procured to lay downe their reasons, and declared their rightes, in the best manner they could, and such as could not be present themselues in Portugal, sent thither their agentes, Embassadors and Atturneys, to plead their causes for them. Don Antonio and the duchesse of Bragansa, as inhabitants of that kingdome, were present, and declared their pre­tences, namely Don Antonio by himselfe, and [Page 177] for himselfe, and the lady Mary of Bragansa by her husband the duke, and his learned councel.

The prince of Parma sent thither for his parte one Ferdinande Farnese, bishop of Parma. The Attur­neyes sent to Portugal. duke of Sauoy sent Charles of Rouere, after­vvard made Cardinal. The king of Spaine, as the greatest pretender sent the lord Peter Gyrō duke of Osuna afterward Viceroy of Naples, & Syr Christopher de Mora, knight of his cham­ber at that tyme, but since of his priuye councel and lately made earle of Castel Rodrigo in Por­tugal, of vvhich country he is natiue, and besi­des these two, a great lawyer named Roderigo Vasques, made since (as I heare saye) lord Presi­dent of Castil, vvhich is as much almost as lord Chancelor vvith vs.

Al these did lay forth before the king Cardi­nall their seueral reasons and pretensions to the succession of the crowne of Portugal, for the fiue persons before mentioned, whereof two vvere quickly excluded, to wit, the duke of Sauoy for that his mother was yonger sister to king Phillips mother, and himselfe also of lesse age then the said king. And secondly Don Antonio was also excluded by publike and iu­dicial sentence, of the king Cardinal his vncle, as illegitimate, and borne out of lawful wed­loke, and albeit Dō Antonio denyed the same, and went about to proue hym selfe legitimat, affirming that his father the lord Lewis, before his death had married with his mother in se­cret [Page 178] and for this brought forth some witnesses, as namely his mothers sister with her husband, and two others: yet the king Cardinal affir­med, that vppon examinatiō he had found them to be suborned vvhich he said vvas euident to him, partly for that they agreed not in their speeches, and partly for that some of them had confessed the same, to wit, that they were sub­orned, vvhom he cast into prison, and caused them to be punished, and so sitting in iudge­ment, & sentēce of illegi­timation against Don An­tonio. accompained with fower bishopes, and fower lawyers, vvhō he had called to assist him in this cause, he pronounced the same Don An­tonio to be a bastard, for vvhich the Authors that I haue read about this matter which are principally two, the first named Hierom Franke, a gentleman of Genua, who wrote ten bookes in Italian, of the vnion of the crowne of Portu­gal to the crowne of Castilia, and the second is VVriters of this cō trouerfie. named Ioanes Antonius Viperanus a Sicilian as I take him, who wrote one booke only in latine, de obtenta Portugallia à rege Catholico Phillippo, of Portugal gotte by king Phillip the Catholike, both these bookes (I say) out of vvhom princi­pally I haue taken the pointes which heere I wil touch, do seuerally set downe, the causes following, vvhy the king Cardinal did reiect the pretence of Don Antonio before al other 1. The [...] vvhy don An­tonio vvas pro­nounced illegiti­mate. pretenders, and pronounced him a bastard.

First, for that he had byn euer so taken al the tyme of his fathers life, and no man euer dow­ted therof, or called the matter in question, [Page 179] vntil now that himselfe denyed the same.

2.Secondly for that in the tyme of Iulius Ter­tius the Pope, when certayne decres came out from Rome, against the promotion of bastar­des, the same Dō Antonio sued to the said Pope, to be dispensed with al in that case, vvhich ar­gueth that then he knew himselfe not legiti­mate.

3.Thirdly that his father the lord Lewis had often tymes both by word and writing testified the same, that this Antonye vvas his bastard, and had signified also so much in his last vvil & testament.

4.Fourthly the said Cardinal as of himselfe, also affirmed, that if his brother the lord Le­wis, had euer dōne any such thinge, as to marry this Woman, who was but base in birth, and of the Iewish race, as these stories do affirme: that it is like, that he would haue made some of his owne frendes & kynred acquainted ther­with, as a matter so much important for them to know, but he neuer did, though the said Cardinal auowed that himselfe was present vvith him at his death.

5.Fiftly he said, that if Don Antonio had bin legitimate, how happened that he did not pre­tend the succession before the Cardinal him­selfe, next after the death of king Sebastian, seing that he vvas to haue gone before the said Cardinal by as good right, as his other nephew Sebastian did, if he had bin legitimate, for that [Page 180] he vvas sonne also to the Cardinales elder bro­ther, as hath bin saide.

6.Sixtly & lastly, the said king Cardinal auow­ched against Don Antonio, partly the disagree­ing and partly the open confessing of the vvit­nesses, that they were suborned by him, vppon al vvhich causes and considerations, he procee­ded to the iudicial sentence before alleaged.

Thus passed the matter in the case of Don Antonio, vvho if he had bin legitimate, no doubt, but by al right he should haue bin pre­ferred before al the other pretenders to the crowne of Portugal, and must be at this day, to­wards Don An­tonio his pretēce to Ingland. the crowne of Ingland, before al those that pretend of the house of Portugal, if vve graunt him to be legitimate, and much more clearly may he pretend to the dukedome of Lancaster, as before hath bin declared, for that it must discend to the lawful heyre of lady Phillip Queene of Portugall, wherof enseweth also, one consideration not impertinent to vs in Ingland, that seing we hold him there for true king of Portugal, I see not how we can denye him his right to the said dukedome, at least of Lancaster, wherof if vve would giue him but the possession with al the appurte­nances, as they lye, it were no euel interteynmēt for him in our country vntil he could gett the possession of the crowne in his owne.

After the exclusions of these two preten­ders, Three principall pretende­res of Por tugal. to vvit of the duke of Sauoy, and of Don [Page 181] Antonio, the whole controuersie for Portugal, remayned, betweene the other three, vvhich were the king of Spayne sonne of lady Isabel eldest daughter of king Emanuel, and the tvvo duchesses of Parma and Bragansa, daugh­ters of the yonger sonne of the said king Ema­nuel, to vvit of the lord Edward infant of Por­tugal.

And first of al, for that the eldest of these two Pretence of the duke of Parma. Ladyes to vvit, Mary duchesse of Parma, vvas now dead, her eldest sonne lord Ranutio now duke of Parma, entred in her place, and allea­ged that he represented his mother, and she her father lord Edward, which Lord if he had bin aliue, he should (no doubt) haue bin pre­ferred before his elder sister, lady Elizabeth mother of king Phillip, and consequently that the said lord Edwards issue ought to be pre­ferred before her issue, and this he alleaged against king Phillip.

And against the duchesse of Bragansa he al­leaged, that his said mother vvas the elder si­ster, and for that cause he vvhich now possessed her right and represented her person, vvas to be preferred before the said lady Catherine du­chesse of Bragansa, so that the foundation of this pretence, of the duke of Parma vvas, that he vvas nephew to the lord Edward, by his el­dest daughter, and that to king Emanuel he was nephew, once remoued, by his sonne, vvheras king Phillip vvas nephew but by his daughter only, and that the lady Catherine of [...] [Page 184] he was of the right discendant lyne of K. Iohn, and the Cardinal vvas but of the collateral or transuersal lyne, and that al law alloweth that the right lyne shal first be serued and preferred, before the collateral shalbe admitted, so that heerby representation is nothing furthered.

This exclusion of representation, did greatly further and aduance the pretence of king Phil­lip, for the excluding of both these ladyes, and K. Phil­lippes pre tence to Portugal. their issues; for that supposing (as this answere auoucheth) that their is no representation of father or mother or predecessors to be admit­ted, but that euery pretender is to be considered only in his owne person, then it followeth, (said these men which plead for the king) that king Phillip being in equal degree of propin­quitie of blood, with the two ladyes, in respect as wel of K. Hēry yet liuing (for that they were al three children of brother and sister) it follo­weth that he was to be preferred before them both, as well in respect that he was a man, and they both Women, as also, for that he was el­der in age, and borne before them both. And albeit the duke of Parma alleaged that he was also a man, yet was it answered that he was one degree further of from the foresaid kings, then was king Phillip, so as not respecting re­presentation of their parentes, that is to say, not considering at all, that king Phillip discended of a Woman, & the two duchesses, of a man, but only, respecting their owne persons, as hath bin declared, these men auouched, that [Page 185] king Phillipps person was euidently to be pre­ferred, for that he was a degree neerer in blood then the duke of Parma, and superior in sex & age, to the lady Catherine of Bragansa.

Moreouer the lawyers of king Phillipps side affirmed, that he was neerer also in propinqui­tie of blood to king Sebastian, the last king, then vvas the very king Cardinal himselfe, & much more than any of the other two pretenders, for that he was brother to the said king Sebastians Diuers al­legations for king Phillip. mother, and the Cardinal was but brother to his grādfather. And besides this, they alleaged, that Portugal did belong to the crowne of Ca­stil by diuers other meanes of old, as for that it could not be giuen away by kings of Castil in marriage of their daughters, as the principal partes therof had byn, as also for that whēking Iohn the first, that was a bastard, was made king of Portugal, by election of the people, the inhe­ritance therof did euidently apperteyne to king Iohn of Castil, that had to wife, the lady Beatrix daughter and heyre of Ferdinand king of Por­tugal, from which inheritance of that crowne, by open iniurye, both she and her posteritie (vvhose right is in king Phillip at this day) vvere debarred, by the intrusiō of the said Iohn, master of Auis, bastard brother of the foresaid king Ferdinand.

These reasons alleaged diuers lawyers in the behalfe of king Phillip, and those not only Spaniards but also of diuers other countryes & nations, as my authors before named do anow, [Page 186] and many bookes were written of this matter, Hieron. Fraki, lo Pet. Vipe­Ianus. and when the contention vvas at the hotest, then died the king Cardinal, before he could decide the same controuersie, vppon which oc­casion, the king of Spaine, being persuaded that his right vvas best, & that he being a Monarch and vnder no temporal iudge, vvas not bound to expect any other iudgment in this affayre, not to subiect himselfe to any other tribunal, but that he might by force put himselfe in pos­session, of that which he tooke to be his owne, if otherwise he could not haue it deliuered vnto him (for so write these authors by me named) seing also don Antonio to pretend the said kingdome, by only fauour of some popu­ler partie, that he had In Lisbone; the said king Phillip entred vppon Portugal by force of ar­mes, as al the world knoweth, and holdeth the same peaceably vnto the day.

And I haue byn the longer in setting downe The case of pretece of the hovvle of Portu­gal to In­gland. this contention about the succession to the crowne of Portugal, for that it includeth also the very same pretence and contention for the crowne of Inglād. For that al these three princes before named, may in like manner pretend the succession of that interest to the house of Lan­caster, and by that to the crowne of Ingland, which doth discend from Queene Phillippe el­dest daughter of Iohn of Gaunt, duke of Lan­caster, and sister of king Henry the fourth as hath largely bin declared.

And albeit that some men Wil saye, that this [Page 187] matter is now decided, which of these princes of the house of Portugal hath the interest to In­gland, for that king Phillip being now prefer­red in the succession of Portugal, entreth also therby to the other right of succession of In­gland, yet others vvill say no, for that the la­wes of succession in Portugal and Ingland be different. For that in Ingland representation ta­keth place, so as the children of the sonne An obie­ction vvith the ansvver. though they be women, shal euer be preferred before the children of the daughter, though they be men, vvherof these men do inferr, that seing the lady Phillipps right before mentio­ned to the dukedome of Lancaster, and therby also to the crowne of Ingland, is to be preferred according to the lawes of Ingland, and not by the lawes of other forrayne countryes; it fol­loweth, that the selfe same right of succession that is pretended at this day by the princes of Portugal for succeding the said lady Phillippe, should be determined only by the lawes of Ingland, where representation taketh place, and not by the lawes of any other nation: Thus say they.

But against this, others do alleage, that the question is not heer, by vvhat law this pretence of the blood royal of Portugal to the crowne of Ingland, is to be tried, but rather vvho is the true and next heyre and successor vnto K. Iohn the first, and to his wife Queene lady Phillippe, heyre of the house of Lancaster, which two priuces vvere king and Queene of Portugal, & [Page 188] their true heyre at this day hath the forenamed pretence, to the crowne of Ingland, which true and next heyre, being once knowne, it litle importeth by what law he pretendeth his said right to Ingland, whether by that of Inglād or by this of Portugal, or by bothe, thoughe to determine this first and chief point, vvho is the next and true heyre vnto these foresaid king & Queene of Portugal, the lawes of Portugal must needes be iudge & not those of Ingland, and so, seing that by these lawes of Portugal, the king of Spayne; is now adiudged for next heyre, to the said princes, and is in possession of their inheritance at this day, I meane of the crowne of Portugal; these mē say, that he must consequently inherite also al other rightes dig­nities and prerogatiues belonging to the fore­said princes, or to their posteritie.

And thus you see now how great diuersitie of arguments and obiections, are and may be alleaged, on different sides, about this affayre, wherby also is made manifest, how doubtful & ambiguous a matter this pointe of Inglish suc­cession, is, seing that in one only branch of the pretenders, vvhich is in the house of Portugal alone, their are so many difficulties, as heere hath byn touched.

But now the common obiection against al Obie­ctions against the pre­tenders of Portu­gal. these titles and titlers, is, that they are old and out of vre, and not to be brought in question againe now, especially seing that both king Henry the seuenth and his issue, haue enioyed [Page 189] so long the title of the house of Lancaster, as it hath, and secondly that these titles do apper­teyne vnto strangers vvhose gouerment may be dangerous many wayes vnto Ingland, and especially in that which toucheth the king of Spayne, who being so great and mightye a mo­narch as he is, may preiudice greatly the In­glish libertye, and easely bring them into serui­tude, if his pretence should be fauoured, as by some it seemeth to be.

This is the speach of many men in Ingland, and abroad at this day, wherunto yet some An­svvers. others do answer, that as concerning the first obiection of the oldnes of the pretence, & title, it hath bin shewed before, that by law no title to a kingdome dyeth euer, but may take place vvhensoeuer the partie to vvhom it belongeth, is able to auouch it and gett possession, and as for this pretence of the line of Portugal, they say, that it hath not such great age, but that very vvel it may shew it selfe, and be had in conside­racion, especially at this tyme, vvhen now the issue male of king Henry the seuenth is ended, and that of necessitie, vve must returne to haue consideration of the issue of his daughters, be­fore vvhich daughters, good reason (say these men) is it, that the issue of lady Phillippe Queene of Portugal should be admitted, for that albeit vve vvould haue that respect to the issue male of Iohn Earle of Somerset, as to pre­ferr it, or suffer it to enioy the crowne, before the issue of Queene Phillippe (and so they say [Page 190] it seemeth that it was, for that king Henry the seuenth vvas crowned king, his mother being Note this. a liue, vvhich yet by ordinary course of succes­sion should haue gone before him) yet say they, it is no reason that the issue female of Iohn of Somerset, or of king Henry the seuenth should be preferred before the issue male of the said Queene Phillippe.

Moreouer they saye, that the house of Cla­rence and Huntington do pretend a title more old and stale at this day, then this of Portugal, for that they pretend from George duke of Clarence, that neuer had the crowne, and these of Portugal pretend to be next heyre to king Henry the sixt, that did vveere the crowne of Ingland, for 40. yeares togeather, after whose death, if king Alfonsus of Portugal (who vvas then old & vvearied with euel successe of war­res) had bin so able to preferr and follow his title, as some of that house be at this day, he vvould neuer haue suffered the house of York to haue entred, nor king Henry the seuenth to haue enioyed it after them, by the title of Lan­caster, vvhich title yet of Lancaster (say these men) king Henry the seuenth could not haue in himselfe any vvay, vvhether we respect Queene Phillippe, or Iohn of Somerset, for by Queene Phillippe, they of Portugal were eui­dently By vvhat title king Hēry the 7. did en­ter. before him, and by waye of Iohn of So­merset the countesse his mother vvas as cleerly before hym, nether could he haue any title, as yet, by the house of Yorke, for that he vvas not [Page 191] yet married to the daughter of king Edward; so as his crowning in the feild, and whole en­trance to the kingdome, vvas without any actual title at al, but only the good will of the people, as these men do hold.

To the other obiection of forraine princes & About forrayne povver in Ingland. strange gouerment, that may come to Ingland by these pretences of the princes of Portugal: diuers men do answer diuersly, for some do graunt that it may be so, that by this meanes Ingland may come to be vnder forayne kinges, and that no hurt, or inconuenience at al would ensue therof to Ingland, but rather much good and commoditie: but other that like not vvell of this assertion, do say further, that if these for­rayne pretence should take place, yet that al matters might be so compounded, that albeit the prince himselfe which is to rule, should be forrayne borne (vvhich they take to be no in­conuenience) yet that his forces and depen­dance, should be only of the Inglish, for that he should not bring in any strainge powers into the land, no more them did king Stephen or king Henry the second, that were borne in France, or then did king Phillip of Spayne in Queene Maryes dayes, or as it is thought Mon­sieur of France should haue done, if he had married her Maiestie that now is, as once it was supposed he should.

To this said one of the companie, and is it About forrayne gouer­ment. possible, that any man, should be of opiniō that forrayne gouerment in what manner or kinde [Page 192] so euerit be, should not be iuconuenient and hurtfull to Inglād, wher the people are vvho­lye bent against it: you remember (quoth he) as concering the last two examples, that you haue alleaged, what tumult and sture 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 The occa sion of the next chapter about fo­raine go­uerment. 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 [Page 193] 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 [Page 194] 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 strā ­gers, and Forriners he said, that he might dis­course without end, and fil vp vvhole bookes Reasons against forraine gouer­ment. 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 Polit. Arist. different formes of common vvealthes, that he setteth downe, he presupposeth euer that the gouerment shalbe by people of the selfe same nation, and the same thing do presume in like manner, al those lawmakers that he their mē ­tioneth, to vvit, Minois Solon, Licurgus, Numa Pompilius, and the rest, and he that shal reade the famous inuectiues of Demosthenes against Demos­thenis Philipicae, & in AE­fhines. 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 [Page 195] 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 Attēptes to deliuer realmes from strāgers. 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 Quint. Curt. li 5. & 6. de gest. Alex. 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 Vespere Sicilianae, an. 1265. Leand. in descript. Siciliae. that vvere within the Iland, vvhom yet themselues had called and inuited thither not long before, and the like is recorded in our [Page 196] Inglish stories of killing the danes, by Inglish men, at one tyme, in most ruful manner, and Polyd. li. [...] Hol­lings in vit. Camiti. 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 The rage of the french against Inglish. 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 The con­clusion against [...]. is not to be admitted, and moreouer the [Page 197] reasons before alleaged against the king 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 Authori­ty of scri­pture against strangers. 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 Deus. 15. 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 & The an­svvere in defence of fortai­ne gouer­ment. 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, [Page 198] 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 The ef­fect of go uerments to be con sidered & not the gouer­nours. 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 [Page 199] 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, An ex­ample. 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 [Page 200] 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, Lytle im­porteth the sub­iect of vvhat country his go uernour is so he be good. 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 [...]. Reg. 12 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 [Page 201] 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, Not the country but the good go­uerment impor­teth. 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 Note these examples. they did that vnto them, vvhich a strainger though neuer so barbarous, would scarse haue done? As in like manner, al those noble hou­ses before mētioned in our country, of the dela Pooles, Staffords, Plantagenets, and others de­stroyed by king Henry the eight, vvhat auayled them, that the said king was not only their country man, but also their neare kinsman, vvhat profit or commodity vvas it vnto Tho­mas of woodstock, duke of Glocester, that he liued vnder a king that was his nephew, to wit, king Richard the second, or to George duke of Clarence, in king Edward the fourthes tyme, [Page 202] that the said king vvas his owne brother, when both of them vvere pursued, disgraced, and put to death by them, and lost their liues, landes, dignities, goodly possessions, stately manners, & gorgeous houses, vvith their wiues, children, & al other felicities of this world, vvhich perhaps vnder a strainge prince, they might haue en­ioyed many a fayre day and yeare.

This is that then vvhich these men do first require, to vvitt that al fansie and fonde opiniō VVho are properly straingers of the vulgar people, be aparted in this matter, from truth and substance, as also say they, vve ought to desire and determine vvho are pro­perly straingers, or forrainers, seing that some do take for straingers and forayners, al those that are not of the same dominion and gouer­mente, though otherwise they be of the same nation, and language, according as those other men that are enimyes to straingers, saide a litle before (if you remember) that the princes of the house of Guyse, and their kynred are taken for straingers in france, by them that by that meanes, would make them odious to the peo­ple, for that their ancestors in tymes past came out of Lorayne, vvhich is a prouince ioyning hard vppon france, of the same nation, lāguage, and manners, but only vnder an other prince. And so I my selfe noted in my traueling throughe Italie, that the Florātines are hated & called straingers in Siena, vvhere they gouerne, albeit the one state be not 30. myles from the other, and both of one nation language man­ners [Page 203] and education. And on the contrary side, vve shal se, that some of different language & nation do hold themselues for country men, as for example, the Biscayns in Spaine, do not hold the Castilians for straingers, but are con­tented to be ruled by them, as by their owne countreymen, albeit they be a different nation and haue different language aud manners, and the same I do note in the Britaynes and Nor­mans towards the French, in the welsh also towards the Inglish, vvho are a different people and of different language, and yet are they go­uerned peaceably by the Inglish, & the Inglish againe do accompt them for their country mē, as may appeare by that, vvhen king Henry the seuenth, came to be king of Ingland, I do not finde, any resistance made against him by the Inglish, for that respecte that he vvas of that nation, as euidently he vvas by his fathers side, that vvas of the Tidders of vvales, so as this pointe also vvho be straingers and vvho be not, seemeth to be a thing that dependeth much of the opinion and affection of each people & na­tion, the one towards the other.

And this being so, these men come to treate Diuers manners of being vnder strangers. more particulerly of the purpose in hand, and do saye that in two or three manners a nation may come to be vnder the gouerment of strain­gers or forrayners, first as a prouince, that is to saye as a peece or member of an other domi­nion, as Ingland vvas in tymes past vnder the Romans, and as Ireland is vnder Ingland at [Page 204] this day and as the Brittons are vnder France, and as many states of Italie, be vnder the crow­nes of Aragon, and Castile. And this may come to passe either by Conquest and force of armes, as the Welsh came to be vnder the Inglish, and the Inglish to be vnder the Normans and Da­nes, and as Sicilia and Naples came to be vnder the Spaniards, and as Normandye and Aqui­taine came to be vnder the French, & as almost al the world in old tyme was brought to be vnder the Romans: or otherwise the same may come to passe by inheritance, as Aquitaine and Normandie in tymes past came to Ingland, & as Flanders vvith the states therof came to the house of Austria, and as Britany to the crowne of France, or els thirdly it may happen by mixt meanes, that is to say, partly by force and partly by other meanes of composition, as Millā came to Spayne, and Ireland to Ingland, according as the Irish do hold, and so Portugal hath in out dayes come to the king of Spaine, for that besides his pretence and right of inheritance, he vsed also force of armes for getting the same.

Of al these three vvayes then euident it is, To be vn­der Stran­gers by Coquest. that Conquest is the hardest, and most preiudi­cial to the subiects, for that theare, al standeth at the wil and clemency of the Conqueror, vvhom either anger or feare, or ielosie of his as­surance, may often driue to hold a hard hand ouer the conquered, at least vvise for a tyme, vntil his estate be better setled, so that I maruaile [Page 205] not though no people or country com­monly would willingly be conquered, but yet pollicye also teacheth such a Cōqueror, vvhat­soeuer he be, that as on the one side, it beho­ueth him to be watchful & so to fortyfie him­selfe, as the vnquiet can do him no hurt, so on the other side, is it necessarie by the same rule of pollicie to vse al fauour and sweete meanes to content & gayne those that be or may be made quiet, for better establishing of his state, euē as a Phisition after a vehement purgation, doth minister lenitiues and sofre medicines, to calme and appease the good humors left, and to strenghten the vvhole body againe that it may hold out.

This we see to be true, not only by reason of Hovv Cō ­querors doe pro­ceede to­vvards the Conque­red. state and pollicy, as hath bin said, but also by experience of al countries, that haue bin con­quered in Europ or other where, if the conti­nual resisting and reuolting of those that are conquered, do not cause a contrary course in the Conqueror, as it did in the conquest of the Danes and Normands vppon the Inglish, and in the conquest of the Inglish vppon the Bri­tish or Welsh, vvhere the often rysing of them that were ouercome, enforced the vanquishers to be much more cruel and rigorouse thē other vvise they would haue bin, for al our stories do testifie, that king Sweno the Dane and much more his sonne, king Canutus, as also William Polydor Virg. lib. 8 histot. [...]. conqueror, had a great desire after their victo­ries, to haue appeased, and made much of the [Page 206] Inglish nation, but that they vvere neuer quiet vnder them, and so in like manner the Inglish kings oftentymes gaue their daughters in mar­riage to the princes of Wales, and many priui­leges to that people, therby to gayne them, but that their continual reuolting caused much se­uerity and bloodshed to be vsed, and the like seuerity did it cause oftentimes in the very Ro­mans towards the said Britaynes conquered.

But vvhere the people vanquished vvere con­tent Clemēcie of the Romans. to be quiet 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 Lib. 5. Mechab. cap. 8. 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, cō ­siderat, 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 [Page 207] 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 Strangers most fa­uoured to vvise gouer­ments. 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 cā ­not 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, & Gascoy­nes. 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 Ile of france it selfe, and are properly french, and in like manner, the Britons, which came to that Britons. crowne by marriage, and vvere old enimies, do pay much lesse yet then the Gascoyns, and in a [Page 208] 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 Candians 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 States of Italie. 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 strā ­gers, or vnder straingers, or vvhat priueledge is it to the spaniard at home, that he is, only vnder [Page 209] 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 The con­dition of Irish vn­der the Inglish. 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 Of the states of Flanders. 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 hom­borne 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 [Page 210] 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 Girard du Hailan lib. 18. an. 1381. 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 Prosperity of Flan­ders vn­der the hovvse of Austria. 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 Io. Guic­ciard. nel­la descrit­tione delli pasi bassi. Guycciardin the Italian historiographer no­teth, in his description of those countryes, the whole wealth and riches of the world seemed [Page 211] to slow thither, and I my selfe can remember to haue seene such exceding abundance in ve­ry ordinairy men of this country, both for their dyet, apparrel, furniture of house and the like, as was wonder ful, besides that for their no­bilitie they were al great Princes, for that euery one had his prouince or great towne in gouer­ment, which they ruled whith that pompe and honor, as if they had bin absolute lordes them­selues, by reason of the farr distance of their supreme Prince, and so they were receaued whith publique honor of al citties and townes & their charges borne wheresoeuer they passed, as such high estates are wont to be.

And albeit they had euer commonly a strain­ger The an­thority of the Fle­minges at home. for supreme gouernor among them vnder their kinge, which bare the name to be aboue them, yet did he in deed nothing but as they would haue him, and this partly for that his time of gouerment being but short, he alwaies attended principally to gett the good willes of the people, and to hold them contented, and therby to be grat-ful to his king at his returne home, and partly also for that if he should attempt to do any thing against their myndes and liking, they made reply by their pre­sident and Chancelor and other of their owne Councelers, residing for the Flemish nation in the court of Spayne (for this nation hath al­waies a particuler councel ther about the king as al other forayne nations also haue, that are vnder him) and by this meanes they obteyned [Page 212] lightly what they would, and brought the go­uernor to what they pleased, so as in effect they were absolute kings in themselues, & wrought their willes in euery thing, & this in that tyme while the country was quiet.

But now since their reuolt which hath in­dured The in­dulgence vsed to offenders in Flan­ders. almose these foure or fiue and twenty yeares, what hath succeded, surely their hath not a quarter so many bin punished, or put to death in al these yeares by order of Iustice of their king absent, as before I haue shewed that there were in one day, by their owne earles and dukes, when they were present, & that vppon far lesse occasion and cause giuen, then are these, for if we take away the two noble men Egmond and Horne, put to death at the be­ginning of these Flemish troobles by the duke of Alua (for which some men say also that he had no thanke afterward by the king) no man of importance hath bin since executed, and the cheefest townes that haue bin and are agaynst the king in Holland and Zeland, are suffred vntil this day, to traffique freely into Spayne, and yet we know that for a little beginning of a certayne tumult this last yeare past in Spayne, it selfe, to wit in the kingdome of Aragon, many heades haue bin stroken of, and much iustice done, where of then riseth this differēce no doubt for that the Flemmings are strain­gers & far of, and the other neere at home & natural borne, so as this circumstance of being a stranger and dwelling far of doth them great [Page 213] pleasure, and giueth them priuilege aboue the homborne subiects.

The like I might shew for this matter of punishment in the fore said states of Italie, The Span­iard pu­nis heth lesse in Italie thē [...] home. where if a mā do compare the number of them that were put to death pulled downe, or af­flicted by order of Iustice, and other wise at the commandement of the Prince, in tyme of their owne home-borne kings, with that which hath bin since, especially of the nobility, you shal not finde one for twenty, and the reason of this is, for that their owne kings were abso­lute, and had to giue accompt to no man, of their doings, and for that they were men, and had their passions and emulations with the nobilitie, and might put the same in execution without accompt or controlment, they pul­led downe & set vp at their pleasure, and made oftentymes but a iest of noblemens liues and deathes, but now these that are gouernours & viceroyes for a forraine prince, first they haue not so great authority or comission, as to touch any such principal persons liues, whithout giuing relation therof, first vnto their king & councel, and receaue againe particuler order for the same, and then they knowing that after Viceryes do giue accompt of ther gouer­ment. their three yeares gouermēt is ended, they must be priuate men againe, and stay their 40. dayes as subiects vnder the next new gouernour, to giue a reconning of their doings against al that shal accuse them (which in these countryes they call to make their residence) they take [Page 214] heede what they doe, and whom they offend, so as the condition of nobility, is far different vnder such a strainge gouerment, as this is ter­med, then vnder a natural Prince of their owne country which oppresseth them at his pleasure.

But now to draw neer homward, if we wil Much slaughter of nobili­ty in In­gland. examine and considerer what hath passed in Ingland in this point of massacring our nobi­lity, by our domestical Princes, it is a matter lamentable, for it may seeme that they haue serued oftentymes for our Princes to make disport & to play whith their heades. And to let passe al those, which in tyme of warres, re­bellions, & comotions, haue bin cut of, which occasions may seeme more iustifiable, I do read also in our chronicles that, 2 Sangue freddo, as the Italian sayth, that is to say, in tyme of peace and by execution of iustice, at the Prin­ces appoyntment, these noblemen following and knyghts by name, were put to death, with in the space of one fiue yeares in king Henry the fourth his dayes. The duke of Excester, the duke of Surrey, the Archbis hop of Yorke, the earles of Salisbury, of Glocester, of Worcester and of Huntington, The earle mow­bray earle marshal. The Baron of Kinderton S. Roger Clarington, bastard sonne of Edward the black Prince. S. Thomas Blunr, S. Barnard Rocas, S. Richard Vernon. And agayne soone aftervnder king Edward the fourth, in almost whith in as litle space. The dukes of Somerset, and of Excester, The earles of Deuonshire, of [Page 215] Oxford, and of Keyns. The Lord Rosse, the Lord Molyns, S. Thomas Tudingham, S. Phil­lip Wentworth, S. Thomas fyndam, and many others afterward, (for this was but at the be­ginning of his reigne (which number of nobi­lity if a man should haue seene them aliue to­gether with their traynes, before they had bin put downe, he would haue said they had bin a very goodly company, & pitiful that so many of our owne nobilitie should be brought by our own Princes to such confusion.

But yet this matter may seeme perhapps the Executiō of nobili­ty by Hē ­ry the eight. lesse maruelous, and more excusable, vnder those two kings, for that troobles and conten­tions had passed a little before in the realme, about the succession, and heervppon so many of the nobility might be cut of, but let vs see then what ensued afterwards, when thinges were established and al doubt of contention about the succession taken away, as in king Henry the eight his dayes it was, and yet do I finde registred in our chronicles these persons following either made away cutt of, or put downe, by the said king, to wit, two Queenes Anne and Catherin, Three Cardinales put downe and disgraced Wolsy, Poole, and fysher, vvherof the last vvas behedded, soone after his dignity giuen him in Rome, and the first vvas arrested, the second attaynted of imagined trea­sons. Three dukes put downe, to vvit, the no­ble dukes of Buckingham, Suffolk and Nor­folke, wherof the last lost his lands dignities [Page 216] and libertie only, the former two both Landes & liues. A marques with two earles beheaded, Deuonshire, kyldare, and Surray, tvvo Coun­tesses condemned, to dye, Deuonshire and Sa­lisbury, and the latter executed: Lordes many, as the Lorde Darcy, the Lorde Hussy, the Lorde Montagne, the Lorde Leonard Gray, the Lord Dacres of the south, the Lord Crom­wel, and six or seuen Abbots. Kinghtes also in great number, as fiue in one day, vvith the Lords Hussy, and Darcy, and fiue in an other day, with the earle os kildare whose vncles they vvere, and besides them, S. Thomas Moore, S. Rice Griffith, S. Edward Neuel, S. Iohn Neuel, S. Nicholas Carew, S. Adrian fortescue, and diuers other kinghts of great accompt & then gentlemen almost vvithout end.

And al these within the space of 20 yeares, Vnder King Ed­vvard and Queene Mary. of his reigne, and in the tyme of peace, and yf we looke vppon but fower or fiue yeares to­gether of the reigne of this mans children, we shal see the like course continued, for we shal see put to death within the space of foure yea­res, al these following by name, The duke of Somerset, the duke of Suffolk, the duke of Northumberland, and the L. Admiral of In­gland, S. Miles Partrige, S. Raphe Vane, S. Mi­chel Stanhope, S. Thomas Arondel, S. Iohn Gates, S. Thomas Palmer kinghtes, with diuers othet gentlemen of there retinew, and al these by natural, domestical, and homborne Princes, whereas I dare to aduenture, the greateft [Page 217] wager that I can make that you shal not finde so many put to death of the nobility, by any strainge Prince, state, or common wealth chri­stian, in any forrayne dominion that they pos­sesse, in many ages together, and the reason therof is euident, by that I said before, neither were it pollicy or wisdome, nor could the cau­ses be so often, nor ordinarily giuen by the no­bility to a Prince that were absent from them to vse suche seueritie, so as by this it may also appeare, that to be vnder a forraine gouerment euen in the woorst kinde therof, that can be deuised, which is to be as a prouince or peece of an other kingdome, and to come vnder it by very conquest it selfe, is not so dangerous a matter, as at the first shew it may seeme, and much lesse to be vnder forraine gouerment, by other sweeter meanes of succession, or compo­sition, as the present case of Ingland seemeth to import, in respect of those foraine Princes which do pretende to the succession therof.

And this is not only shewed and declared States go­uerned happely by torray­ne Prin­ces. by the state and condition of Flanders, before their tumultes, but in like manner it is seene, by the present state of Britanie, Normandie, Aqui­taine, Prouence, and other dukedomes and countries in France, that were wont to haue their owne particuler Princes, and novv are much more commodiously, vnder the crowne of France. The like is seene by the states of Naples, Millan, Sicilie, Sardinia & other parts and countryes of Italie, which were wont to be [Page 218] vnder kings and Princes of their owne, and now are vnder the crownes of Aragon and Castile, with infinite oddes of peace, rest, secu­rity, and welth, then they were before when they had domestical Princes, and so themselues do confesse, I meane the wise & dis-passionate among them, (for of the vulgar in this case no accompt is to be made) and if they should deny it, yet the thing speaketh it selfe, and the publique stories of their countryes would conuince them, wherin it is to be read, what Phalaris, what Dionisius, & other homeborne tyrants, Sicilie (for example) hath had and suffred, and what infinite crueltie they and diuers others of their owne gouernours, haue exercised vppon them, as also what continuall turmoyles there were in the cittie of Naples & in all that kingdome for many yeares toge­ther, after it fel from the gouerment, first of the Roman Empire, and then of the Grecian, vntil it came to the crowne of Aragon, I meane betweene their owne domestical kings, now of the bloode of Italians, now of the Normans, now of the Hungarians, & now of the french, Old affli­ctions of Naples & Millan. (for of al these lines, their haue reigned among them) and the realme was a perpetual pray to souldiars, and the very like may be said of Mil­lan, after their fal from the Roman Empire, (vnder which they liued quiet & prosperously) vntil they came againe to be vnder the crowne of Spayne, they passed infinite tribulations, first by the contention of their common people [Page 219] against their nobility, and then by the bloody falling out of their chiefe families, the one a­gainst the other, to wit the Furiani, Visconti, Mar­celli, Mirabelli, Castilioni, and Sforzi (which familie last of al preuayled) he I say that shal remem­ber this, and then behold the present state with the quiet peace, saftie, and riches wherin they now liue, wil easely confesse, that they haue changed for the better, though they be vnder forraine gouerment, and thus much of this pointe.

Their remayneth to speake a woord or two VVhether a great or little Prince be better. about the second part of the question, before proposed and included partly in this which al­redy hath bin treated, to wit, whether it be better to be vnder a little or great king, which question though it may be decided in parte by that which before hath bin alleaged, about being vnder a forraine Prince, yet more parti­culerly to make the same playne, these men do saye, that the reasons be many and euident to proue, that the subiection to a great & mightie monarch, is far better: first for that he is best able to defend and protect his subiects, and secondly for that he hath least need ordinarily to pill and pole them, for that a little king, be he neuer so meane, yet must he kepe the state of a king, and his subiects must maynteyne the same, and if they be but few, the greater vvil the burthen be of euery one in particuler, and thirdly, for that a great and potent Prince, hath more to bestow vppon his subiects for reward [Page 220] of vertue and valour; then hath a poore Prince, and seing that euery particuler subiect, borne within his Princes dominions, is capable of al the preferments vvhich his Princes state or kingdome do yeeld, if he be worthy of the same, it is a great prerogatiue (say these men) to be borne vnder a potent Prince, that hath much to giue, vvhich they declare by this ex­ample follovving.

A man that is borne in the citie of Genua An exam ple to shevv the former diffetēce. or Geneua (for both are cityes and states within themselues (let him be of vvhat ability or wor­thines soeuer, yet can he hope for no more preferment, then that common vvealth and state can giue, and if their should be many vvorthy men borne their at one tyme, then were this his condition vvoorse, for then must he part also vvith other men, though their were not sufficient for himselfe, and the most he could aspire vnto, if he vvere an ecclesiasti­cal man, were the greatest benefice within that state; and on the other side, if he vvere a tempo­ral man, he could not hope for much, for that the state hath it not to bestow, but an other that is borne vnder a great monarch, as is the king of France or Spayne, in these our dayes, that hath so many great bishoprickes (for ex­ample sake) and other spiritual lyuings to [...] vppon the cleargie, and so many high gouerments and employments, both of vvarr and peace, to giue vnto temporal men that can deserue the same; this man (I say) hath a [Page 221] great aduantage of the other, in respect of pre­ferment at this day, but much more was it in old tyme, to be borne vnder the Romā Empire, when it had the preferments of al the vvorld to bestow, for that euery subiect therof, vvas capable of al the said preferments, so far fourth as he could make himself vvorthy, and deserue the same. For better explicatiō of vvhich point yet, I haue thought good to cite in this place, the woordes of a certaine learned kinght, that in our dayes hath written the liues of al the Pedro Mexia en vit. de Antoni­no Pio. Roman Emperors, and in the life of one of them, that vvas an excellent gouernour, na­med Antoninus Pius the said kinght hath this discourse ensuinge.

‘Their vvas in this mans gouerment (said he) great contentment and ioye on al hands, great peace and quietnes, and very great iustice, and truly it is a thing vvoorthy in this place to be The feli­city of the Romā gouermēt considered, what vvas the humane power and how infinite the forces of the Roman Empire at this day, and how great vvas the libertie quietnes, securitie, welth and contentment of the subiects that liued vnder that gouerment, when good Princes had the menagingetherof, as vvas this Antoninus and his sonne Aurelius, that followed him, and as vvere Adrian, Traian and diuers others. What a thing was it to see their courtes frequented freely, by al the noble valiant and lerned men of the vvorld, to see the vnion and frendly dealing of different nations together, when al serued one Prince, so as a [Page 222] man might haue gone ouer the vvhole vvorld, or most and beste partes therof, vvith al se­curity, and without al feare, al nations and countreyes being their frends, neyghbours, or subiects, nether vvas their neede at that tyme of any pasports or safeconductes, not ofso often change of coyne, to trauaile, as nowe their is, nether yet were their new lawes euery foote, as now be founde in different countryes, neither vvas their danger of enimies, or to be taken prisoners, and captiues, nor could any malefactor do a mischief in one country and flie into an other, ther-by to be free from pu­nishment, and he that was borne in the very Orcades or furthest parte of Europe was at home thoughe he vvere in Africa, or Asia, & as free denizen as if he had bin borne their, mar­chants also might passe at that daye from country to country, vvith their marchandize, vvithout particuler licences or feare of forfeits, and finally the temporal state of a subject vvas vvonderful happy, at that tyme.’

Thus far discourseth that learned knight, & no doubt but that his discourse and considera­tion is founded in great reason, and he that vvil leaue at this day, the many commodities, of being vnder a great and potent Prince, (if it lye in his owne hands to chuse) for this only circumstance rhat he is not borne in the same country vvith him, is a man of smale judgment and capacitye in these mens opinion, and mea­sureth matters of publique vtility, vvith a [Page 223] false vvaight of fond affection,

And thus much may be sayd of the first waye of being vnder strangers and forayne gouer­ment, which is that, which vulgar men do most abhorre and inueigh against, to vvit, to be vnder a forraine Prince, that liueth absent and ruleth by his gouernours.

But besides this, their is an other manner of being vnder a forraine Prince, as vvhen an The seeōd vvaye of being vn­der a for­raine Prince. allien Prince cometh to dwel among vs, and this by either of two vvayes, to vvit, that either this Prince cometh without forces, as did king Stephen, and king Henry the second, that were frenchmen, as hath bin saide, and came to liue and gouerne in Ingland, but vvithout external forces: and as king Phillip of Spayne, came afterwards when by marriage of Queene Mary he became king of Ingland: and as the last king Henry the third of France vvent into Polonia, by the free election and inuitation of that nation, and as his brother Monsieur Fran­cis duke of Alenson, should haue entred after­vvard to haue bin king of Ingland, if the mar­riage pretended betweene her maiestie and him had gone forvvard and taken effect, as many thought once that it should. This I say is one way, and an other is, that this Prince do bring forces vvith him, for his owne assurance, and these either present, as the Danish kings Sweno, Canutus, Haraldus, and Hardicanutus did, and as after them the Norman Princes also vsed, I meane not only William Conqueror, [Page 224] himselfe, but also his two sonnes Williā Rufus, and Henry the first, who either by help of the Normans, al ready in Ingland, or by others brought in by them afterward, vvrought their vvil, or els that this Prince so entring haue foraine forces, so at hand, as he may call and vse them vvhen he vvil, for that they haue no sea to passe, vvhich is the case of the king of Scotts, & of both these waies these men do giue their sentence distinctly.

For as concerning the former vvay, vvhen a A fortay­ne Prince vvithout forces not preiudi­cial. forraine Prince entereth vvithout any forces atal, and with intention to liue among vs, they hold, that their is no danger, nor yet any in­cōuenience can iustly be feared: for that in this case he subiecteth himselfe, rather to the real­me, and nation, then they to him, and if he liue and marry in Ingland, both himselfe and his children, wil become Inglish in a little space. And for his owne assurance he must be infor­ced to fauour, and cherish, and make much of the Inglish nation, and be liberal gentle, and frendly to al, for gaining their good willes and frendship. And in one very great and impor­tant pointe, his condicion is different, and better for the Inglish, then any Inglish kings can be, which is, that he entreth vvith indiffe­rent Note this vtilitie [...] a forayne king. mynde towards al men, hath no kynred or alliance within the land, to whom he is bounde, nor enimye against whom he maye be inticed to vse cruelty, so as only merit or de­merit of each mā, must moue him to fauour or [Page 225] disfauour, which is a great foundatiō (say these men) of good and equal gouerment.

Agayne they say, that in respect of the state present of Ingland, and as now it standeth, and for the publique good not only of the com­mon The mā ­ner of forayne Prince more cō ­modious for the present. subiects, but also of the nobility, and especially and aboue others, of the Inglish competitors and pretendors that cannot al speede, no vvay vvere so commodious, as this to avoid bloodshed, to wit, that some external Prince of this tyme, should be admitted vppon such compositions and agreements, as both the realme should remayne whith her ancient li­berties, and perhapps much more then now it enioyeth (for such Princes commonly & vppon such occasions of preferment, vvould yeeld to much more in those cases then a homborne Prince vvould) and the other pretenders at home also, should remayne vvhith more se­curity then they can wel hope to do vnder any Inglish competitor, if he come to the crowne, who shalbe continually egged on by his owne kynred, and by the auerhon emulation and hatred, that he hath taken alredy by conten­tion against the other opposite houses, to pul them downe, and to make them away and so we haue seene it by continual examples, for many yeares, though no occasion (say these men) hath euer bin offied to suspect the same so much as now, if any one of the home Inglish blood, be preferred before the rest, and this is so much as they say to this second kinde of [Page 226] being vnder forrayne Princes. To the third, A third vvay of being vn­der for­raine go­uerment they confesse, that it standeth subiect to much danger, and inconuenience, to admit a forayne Prince, to liue among vs, with forces, either present or so neere, as that without resistance he may call them when he listeth, and of this their needeth no more proofe (say these men) then the examples before alleaged of the Danes and Normans, and the misery and calamity which for many yearee, the Inglish passed vn­der them, and further more the reason heerof is euident, say these men, for first in this third kinde of admitting a strainger king, we are de­priued by his dwelling amongest vs, of those vtilities before mentioned, which Ireland, Flanders, Britanie, Naples, and other states, enioy by liuing far of from their Princes, which commodities are, much more libertie, and free­dome, lesse payments, lesse punishments, more imployments of the nobility and others in go­uerment, and the like. And secondly, by his comming armed vnto vs, we cannot expect those commodities, vvhich before I touched in the second kynd of forraine gouerment, but rather al the incommodities and inconuenien­ces that are to be found either in domestical or foraine gouerments al (I saye) do fall vppon this third manner of admitting a stranger, as easily shalbe seene.

For first of al the greatest incommodities that can be feared of a domestical Prince, are, pride, crueltie, partiality, pursuing of factions, [Page 227] and particuler hatred, extraordinary aduansing Dangers of domes tical go­uerment. of his own kynred, pressing, pynching, and ouer rigorous punishing of his people, without feare, for that he is euer sure of his partie to stand whith him within the realme, and so hath he the lesse respect to others, and for that al these inconueniences, and other such like, do grow for the most part, by the Princes con­tinual presence among his subiects, they are incident also to this other, though he be a strainger, for that he is also to be present, and to liue among vs, and so much the more easely he may fall into them, then a domestical Prince, for that he shal haue both external coūcel of a people that hateth vs, to prick him forward in it, as also their external power to assist him in the same, which two motiues euery domestical Prince hath not.

Agayne they say, that the woorst & greatest incommodities of a forraine gouerment, that Inconue­niences of this go uerment. may be feared, are, tyranny and bringing into seruitude, the people ouer whō they gouerne, and filling of the realme with straingers, and deuiding to them, the dignities, riches and pre­ferments of the same, al which they say, are in­cident also by al probability to this third kinde of forraine gouermēt, where the Prince strain­ger lyueth present and hath forces at hand to woorke his vvil, and this is the case, say they, of the king of Scotts, who only of any forraine pretender, semeth may iustly be feared, for these and other reasons alleaged before, when [Page 228] we talked of his pretence to the crowne.

To conclude then, these men are of opinion, that of al these three manners of being vnder straingers, or admitting forraine gouerments, this third kynde [...] as it vvere to the kinge of Scottes case, is to be only feared, and none els, for as for the second they say that it is not only not to be feared, or abhorred, but ra­ther much to be desyred, for that of al other sortes, it hath the least inconueniences, and most commodities, for which causes, we read Strang gouer nours de­sired in some Re­alines. and see, that wher kings goe by election, com­monly they take straingers, as the Romans and Lacedemonians did often at the beginning, and after the beginning of the Roman Monarchie, their forraine borne Emperors, were the best and most famous of al the rest, as Traian and Adrian that were Spaniards, Septimius Seue­rus borne in Africa, Constantine the great na­tural of Ingland, and the like, and the very woorst that euer they had, as Caligula, Nero, Heliogabolus, Commodus, and such other like plagues of the weale publique, were Ro­mans, and in our dayes, and within a few yea­res, we haue seene that the Polonians, haue chosen three kings straingers, one after an other, the first Stephen Battorius Prince of Transiluania, the second Henry of France, and last of al the Prince of Swecia, that vet liueth, and the state of Venetians by way of good pol­liei, haue made it for a perpetuall Law, that when they haue warr to make, and must needs [Page 229] choose a general Captayne, and commit their forces into his handes, he must be a stranger, to wit, some Prince of Italie, that is out of their owne states, heerby to auoyde partiality, and to haue him the more indifferent, and equal to them al, which yet so many prudent men vvould neuer agree vppon, if there vvere not great reason of commodities therin, so as this point is concluded, that such as speake against this second kinde of hauing a forrayne Prince, speake of passion, or inconsideration, or lacke of experience in matters of state and common vvealthes.

As for the first manner, of being vnder forai­ne gouerment, as a member or prouince of an other bigger kingdome, and to be gouerned by a deputie, viceroy or strange gouernour, as Ireland, Flanders, Naples, and other states be­fore mentioned be, vvith certayne and stable conditions of liberties, and immunities, and by a forme of gouerment agreed vppon on both sides, these men do confesse also, that their may be arguments, reasons, and probabilities allea­ged on both sides, and for both parties; but yet that al things considered and the inconuenien­ces, hurtes, and dangers before rehearsed, that subiects do suffer also oftentymes, at the han­des of their owne natural Princes, these men are of opinion, for the causes alredy declared, that the profittes are more and far greater, then the damages or dangers of this kynde of for­rayne gouermēt are, and so they do answere, to [Page 230] 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 The an­svver to [...] against forrayne gouermēt 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 Ansvver to the Grecian Philoso­phers aud orators. 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 [Page 231] same: and as for Demosthenes no maruaile Demo­sthenes. 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 The troo­blesome state of the Gre­cian cit­tyes. of their Captaines Aristides, Themi­stocles, Alcibiades, Pericles, Nicias, and others do declare, and as it is euident amonge other [Page 232] thinges by their wicked lavv of Ostracismus Arist. l. 2. polit. c 1. [...] 2. 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 Ansvver to the ob­iectiō out of Deu­tronomye 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, Deut. 15. 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 [...] [Page 233] 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 [Page 234] 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 Secōdary Lines. 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 to affirme againe, that the euent must needes be excedinge doubtful, who [Page 235] 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 Ambi­guite of preuailin­ge. 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 Tvvo groundes of proba­bilitie of speeding. of preuailing or not preuailing of euery one of these pretendors in the next succession, [Page 236] 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 Three re­ligions in Ingland. 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 [Page 237] 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 The grea­te impor­tance of religion in this actions. 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 [...] [Page 240] 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 The Cle­argie. 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. The Coū ­cell and nobilitic. 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 [Page 241] 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 Persons designed or fauou­red by the pro­testant partie. 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 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 wilbe 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 [Page 242] number, especially if the king of France pro­ceed Foraayne frends of the pro­testants. 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 Of the party Pu­titan. 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 [Page 243] therin, and that the Lord Beacham since his Persons affected by the Puritans. 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 External frends. 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, [Page 244] 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 The Puri­tan at ho­me. 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, Those of the Romā Religion. 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, [Page 245] 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, The Ro­man par­tye great & vvhy. 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 1. Reg. 234 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 cō ­passion, 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 [Page 246] 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 Effects of pressing an religiō. especially in matters of their religion, for these later yeares past, hath much stirred them vp, (as also the like is to be noted in the puritan) and made them far more egar in defence of their cause, according to the saying, nitimur in vetitum semper, and as a litle brook or ryuer though it be but shalow and tunne neuer so quiet of it selfe, yet if many barres and stoppes be made therin, it swelleth and riseth to a greater force, euen so it seemeth that it hath happened heere, wher also the sight & remem­brāce of so many of their Seminary preistes, put to death for their religion (as they accompt it) hath wrought great impression in their hartes, as also the notice they haue receaued, of so many colleges and Inglish Seminaries remay­ning yet, and set vp of new, both in Flanders, France, Italie and Spayne, for making of other preistes in place of the executed, doth greatly animate them & holdeth them in hope of con­tinuing still their cause, and this at home.

As for abroade, it is easie to consider vvhat Frends & allies abroade. their party and confidence is, or may be, not only by the Inglish that liue in exile, and haue [Page 247] their frends and kynred at home, but also prin­cipally by the affection of forrayne Princes & states, to fauour their religion, whose portes, townes, and prouinces lye neere vppon Ingland rounde about, & for such a tyme and purpose, could not want commoditie to giue succor, vvhich being vveighed together vvith the knowne inclination, that way, of Ireland, and the late declaration made by so many of the Scotish nobility and gentlemen also, to fauour that cause, all these poyntes I saye put together, must needes persuade vs, that this body is also great, and stronge, and like to beare no smale sway in the decyding of this controuersie for the crowne, when tyme shal offer it selfe for the same. And so much the more, for that it is not yet knowne, that these are determined vp­pon any one person whom they vvill follow, in that action, nor as it semeth are they much inclined to any one of the pretenders in parti­culer (wherin it is thought that the other two partyes either are, or may be deuided among themselues, and each parte also within it selfe, for that so different persons of those religions do stand for it) but rather it is thought, that these other of the Roman religion do remayne very indifferent, to follow any one that shalbe set vp for their religion, and is lykest to restore and mayntayne the same, be he strainger or do­mestical, which determination and vnion in general among themselues, if they hold it still [...] [Page 250] and the earle of Darby haue the difference The Lor­des Bea­cham & the earle of Darby. of titles that before hath bin seene, and each one his particuler reasons why he ought to be preferred before the other, and for their other abilities and possibilities, they are also different, but yet in one thing both Lords seeme to be like, that being both of the blood royal, they are thought to haue abased themselues much by their marriages with the two knightes dau­ghters S. Richard Rogers, and S. Iohin Spenfer, though otherwise both of them very vvorship ful, but not their matches in respect of their kinred with the crowne, yet doth the alliance of S. Iohn Spenser seeme to bringe many more frends with it, then that of S. Richard Rogers, by reason of the other daughters of S. Iohn, vvel married also, to persons of importance, as namely the one to S. Georg Catey gouernour of the he of Wight, vvho bringeth in also the Lord Hunsdon his father Captaine of Barwick, tvvo of the most important peeces that In­gland hath.

And for that the said Lord Hunsdon, and Alliance of the earle of Darby. the Lady knowles disceased, were brother and sister, and both of them children to the Lady Mary Bullen, elder sister to Queene Anne, here of it cometh, that this alliance with S. George Carey, may draw after it also the said house of knowles, who are many and of much impor­tance, as also it may do the husbandes of the other daughters of S. Iohn Spencer, with their [Page 251] ahd erents and followers, which are nether, few nor feeble, al which wanteth in the marriage of the Lord Beacham.

An other difference also in the ability of Alliance of the Seymers. these two Lords is, that the house of Seymers in state and title of nobility, is much yonger then the house of Stanleys, for that Edward Seymer late earle of Hartford, and after duke of Somerset, was the first beginner therof, who being cut of together with his brother the Admiral, so soone as they were, could not so setle the saide house, especially in the alliance with the residue of the nobilitie, as otherwise they would and might haue done. But now as it remayneth, I do not remember any allyance of that house, of any great moment, except it be the childrē of S. Hēry Seimer of Hamshire, and of S. Edward Seymer of Bery Pomery in Deuonshite, if he haue any, and of S. Iohn Smith of Essex, whose mother vvas sister to the late duke of Somerset, or finally the alliance that the late marriage of the earle of Hartford, with the Lady Francis Haward, may bring with it, which cannot be much, for so great a purpose as we talke of.

But the earle of Darby on the other side, is very strōgly & honorably allied, both by father Alliance of the Stanleys and mother, for by his father not to speake of the Stanleys, (which are many and of good power, and one of them matched in the house of Northumberland) his said father the old [Page 252] earle had three sisters, al wel married, and al haue left children, and heyres of the houses wherin they were married, for the elder vvas married first to the Lord Sturton, and after to S. Iohn Arundel, and of both houses hath left heyres male. The seconde sister vvas married to the Lord Morley, by whom she hath left the Lord that now is, vvho in lyke manner hath mached vvith the heyre of the Lord Montegle vvho is likevvise a Stanley. And fi­nally the third sister vvas married to S. Nicho­las Poynes of Glocestershire, and by him had a sonne and heyre that yet liueth. And this by his fathers side, but no lesse alliance hath this earle also by the side of his mother, vvho being Alliāce of the old countesse of Darby. daughter of George Cliford earle of Cumber­land, by Lady Eleanor neece of king Henry the seuenth, the said Lord George, had afterward by a second wife, that was daughter of the Lord Dacres of the North, both the earle of Cum­berland that now is, and the Lady wharton, who hereby are brother and sister of the halfe blood, to the said Countesse of Darby, and the Dacres are their Vncles.

Besides al this, the states and posfessions of the two forsaide Lordes, are far different, for The sta­tes of the Lord Bea­cham and the earle of Darby. the purposse pretended, for that the state of the earle of Hartford is far inferior, both for great­nes, situation, wealth multitude of subiects, & the like: for of that of the Stanleys, doth de­pend the most part of the shires of Lancaster [Page 253] and Chester, and a good parte of the North of Wales, (at least wise by way of obseruance and affection) as also the Ile of man, is their owne, and Ireland and Scotland is not far of, vvhere frendship perhapps in such a case might be of­fred, and finally in this poynte of abillity great oddes is their seene betweene these Lordes.

As for their religion, I cannot determyne Religion of these Lords. what difference their is, or may be betweene them. The Lord Beacham by education is pre­sumed to be a protestant, albeit some hold that his father, and father in law be more inclined towards the Puritans. The earle of Darbyes religion, is held to be more doubtful, so as some do thinke him to be of al three religions, and others of none, and these agayne are deuided in iudgments, about the euent heerof, for that some do imagin that this opinion of him, may do him goode, for that al sides heerby may (perhapps) conceaue hope of him, but others do persuade themselues that it vvil do him hurt, for that no side in deede will esteeme or trust him, so as al these matters with their euents, and consequences do remayne vncer­taine.

But now will I passe to speake of the house The earle of Hun­tington. of Clarence, the cheefe persons, wherof, and most emynent at this day, are the earle of Hun­tington, and his bretheren the Hastings, for that the Pooles and Barringtons are of far meaner condition and authoritie, albeit the [Page 254] other also, I meane the house of Hastings, doth not seme to be of any great allyance, for that albeit the old earle of Huntington, this earles father, had two brethren, the one S. Thomas Hastings, that married one of the Lord Henry Pooles daughters named Lord montague, that was put to death, which daughter was sister to this earles mother, and the other named S. Edward Hastings vvas made Lord of Lowgh­borow, by Queene Mary, to whom he was first master of the horse, and afterward Lord Cham­berland, neither of them hauing left issue: and this is al I remember by his fathers side, except it be his owne brethren as hath bin said of which S. George Hastings is the cheefest.

By his mothers side, he hath only the Poo­les, whose power as it is not great, so what it Alliāce of the earle of Hun­tington. is, is rather lyke to be agaynst him then with him, partly for their difference from him in re­ligion, and partly for preferment of their owne title, vppon the reasons before alleaged.

By his owne marriage with the daughter of the late duke of Northumberland, and sister to the late earles of Lecester and Warwicke, he was lyke to haue drawne a very great & strong alliance if the said two earles had liued, and es­pecially, S. Phillip Sidney, who was borne of the other sister of the present Countesse of Huntington, and his owne sister was married to the earle of Penbroke that now is, & him­selfe to the daughter of S. Francis Walsingham [Page 255] cheefe secretary of the state, by al which mea­nes and by al the affection and power of the party puritan, and much of the protestant, this earle was thought to be in very great forward­nes. But now these great pillers being fayled, and no issue yet remayning by the said Coun­tesse, his wife, no man can assure himselfe what the successe wil be, especially seing that of the three bodyes of different religions, before de­scribed, it is thought that this earle hath incur­red deeply the hatred of the one, and perhapps some ielousy and suspition of the other, but yet others do say (and no doubt but that it is a matter of singular importance if it be so) that The po­vver of London. he is lyke to haue the whole power of London for him, which citty did preuaile so much in aduancing the title of Yorke, in king Edward the fourth his tyme, as it made him king twise, to wit once at the beginning, when he first ap­prehended and put downe king Henry the sixt, and the second tyme, vvhen he being driuen out of the kingdome by his brother the Polydor. 24. Hol­lingshod in vita Henrici. 6. duke of Clarence, and Richard earle of War­wicke, he returned from Flanders vppon hope of the fauour of the Londoners, and was in deede receaued, fauoured and set vp agayne by them especially, and by the helps of kent and other places adioyning and depending of Lon­don, and so it may be that the fauourers of this earle do hope the like successe to him in tyme by this potent cittie.

[Page 256]For the houses of Britanny and Portugal, I The hou­ses of Bri­taine and Portugal. shal ioyne them both together, for that they are straingers, and the persons therof so nigh linked in kynred affinitie & frendship, as both their tittles forces and fauours, may easely be ioyned together, and imparted the one with the other, as to themselues shal best appeare conuenient.

The lady Infanta of Spayne pretendent of Infanta of Spayne the house of Britanie, is eldest daughter of king Phillip as al the world knoweth, and dearly be­loued of him, and that worthely as al men re­port, that come from thence, for that she is a princesse of rare partes both for bewty, wis­dome and pietie. The two yong Princes of Duke of Parma. Parma I meane both the duke and his brother the Cardinal, are ympes in like manner of great expectation, and diuers wayes neere of kynn to the said king, for that by their fathers side they are his nephewes that is the childeren of his sister, and by their mothers side almoost as neere, for that they are the nephewes of his vncle Prince Edward Infant of Portugal.

In lyke neernes of blood are the Duchesse The duke of Bra­gansa. of Bragansa and her children, vnto the said king, which children are many as hath bin shewed, and al of that rare vertue and valor and of that singuler affection vnto the English na­tiō, as it is wonderful to heare what men write from those partes, and what others do reporte that haue trauayled Portugal and seene those [Page 257] Princes and tasted of their magnificente libe­rality, so as I haue hard diuers reioyse that are affected that way, to vnderstand that their do remayne such noble ofsping yet in forrayne countryes of the true and ancient blood royal of Ingland.

What the powers and possibilities of al these Povver of forrayne pretēders. Princes of the house of Portugal be, or may be heerafter for pursuyng their right, shal not neede to be declared in this place, for that al the world doth know and see the same, yet al seemeth to depend of the heade & roote which is the king of Spayne himselfe, and the yonge Prince his sonne, whose states and forces how and where they lye, what allyance, frendes, subiects or followers they haue or may haue, it is easy to consider, but what part or affection of men they haue or may haue heerafter in Ingland it selfe, when tyme shal come, for the determyning of this matter, no man can tell at this present, and what plotts agreements, com­partitions, or other conclusions may be made at that day, tyme only must teach vs, so as now I know not well what to say further in this af­faire, but only commend it to Gods highe prouidence, and therefore I pray you (quoth the Lawyer) let me ende with this only that al­redy I haue saide, and pardon me of my former promisse to put my opinion or ghesse, about future matters, and what may be the successe of these affaires, for besides that I am, no prophet [Page 258] or sonne of prophet, to know things to come, I do see that the very circumstances of conie­cture (which are the only foundation of al prophesie which in this case can be made) are so many and variable; as it is hard to take hold of any of them.

Thus he said, and fayne would haue left of heere, but that the whole company opposed themselues with great vehemencie, against it, and sayde, that he must needes performe his promisse, made at the beginning of this speech, to giue his censure & verdite in the end, what he thought would be the successe of al these matters, wherunto he answered, that seing no nay would serue, he would breifly quit him­selfe by these few woordes following.

First of al (said he) my opinion is, that The 1. Cōiecture that their vvilbe vvarre & vvhye. this affayre cannot possibly be ended by any possibility moral, without some warr, at least vvise, for some tyme at the beginning, wherof my reasons be these that do ensew.

1.This matter cannot be disputed and deter­myned duringe the life of the Queene, that now is, without euident danger of her person, for the reasons that al mē do know importinge suche perils as are wont to follow like cases, of declaring heyres apparent, especially her maiestie the present possessor growing now to be old & without hope of issue.

2.This declaration and determination of the heyre apparent to the crowne if it should be [Page 259] made now, would moue infinit humors, and affections within the realme, and it were to sturr coles and to cast fyerbrands ouer all the kingdome, and further perhapps also, vvhich now lye raked vp and hidden in the embers.

3.This determination thoughe it should be made now by parlament, or authority of the present Prince, would not ende or take away the roote of the controuersie, for aloeit some that should be passed ouer or put backe in their pretences, would hold their peace per­happs for the tyme present, yet afterward would they bothe speake and spurne when oc­casion is offred.

4.This declaration now if it were made, would be hurtful and dangerous for him that should be declared, for on the one side, it would put the Prince regnant in great [...] and sufpi­ction of him, and on the other side, would ioyne and arme al the other pretenders and their fa­uourers agaynst him, and so we reade, that of two or three only, that in al our histories are recounted to haue byn declared heyrs apparent to the crowne (they being no kinges children) none of them, euer came to reigne: as namely duke Arthur of Britany, Roger Mortimer earle of March, and Iohn de la Poole earle of Lincolne, and Henry marques of Exeter as be­fore hath bin declared.Sup. c. 4.

5.Agayne the multitude of pretenders being such as it is, & their pretentions so ambiguous, [Page 260] as hath bin declared, it is to be presupposed, that none or few of them vvil presently at the beginning cast away their hope & forgoe their tittles, but wil prooue at least wise what frends will stand vnto them, and how matters are like to go fot or agaynst them, especially seing they may do it without danger, no law being against them, and their rightes and pretenses so manifest, that no man can say they do it of ambition only, or malice, treason, or conspira­cy against others, and for this assaye or first at­tempt, armes are necessary.

More-ouer if any man in processe of tyme, would forgoe or giue ouer his title (as it is to 6. A consi­deration to be marked. be imagined that diuers wil at length, and many must, for that one only can speed) yet to the ende he be not suddenly oppressed, or laid handes on at the beginning by his aduersary parte, or made away as in such cases is wont to succeede, it is very likely that each pretender for his owne safety and defence, wil arme him­selfe and his frendes at the beginning, for that better conditions wilbe made with armor in handes, then when a man is naked or in the power of his aduersary, and no doubt, but the more pretenders shal stand together armed, at the beginning the easyer and the surer peace wilbe made with him that shall preuaile, for that they being many with whom he hath to compounde, he will respect them the more, & yeald to more reasonable and honorable con­ditions, [Page 261] then if their were but one, & he weake that should resist, for that a fault or displeasure is more easily pardoned to a multitude, & to a potent aduersary, then to one or two alone that are of lesse accompt. And on the other side, the perill of these other pretenders, that should not preuaile, being common to them al, would knyt them better together for their owne defence, in liuing vnder the person that should preuaile and reigne, and he would beare more regard vnto them as hath bin said: and this both for that they should be stronger by this vnion to defend themselues, and he that reigneth should haue lesse cause to suspect & feare them, to worke treason agaynst him, for that they are many, and consequently not so easy to agree betwcene thēselues, who should be preferred, if the other were pulled downe, which to the person regnant, would be also a ground of much securitye.

These are my reasons and coniectures why it is like that armes wilbe taken at the begin­ning in Ingland, before this controuersie can be decided.

My second proposition and coniecture is, The secōd cōiecture no mayn battayle probable. that this matter is not like to come easely to any great or mayne battel, but rather to be en­ded at length, by some composition, and gene­ral agreement, & my reasons for this be these.

First, for that the pretenders be many, and their powers and frends lying in diuers and [Page 262] different partes of the realme, and if their were but two, then were it more probable, that they would soone come to a battel, but being many each one vvil feare the other, and seke to sortifie himselfe where his owne strength lyeth and especially towardes the portes and sea side, for receauing of succours, as easely may be done, by reason of the multitude of competi­tors as hath bin said, which vvil cause that at home the one will not much vrge or presse the other, at the beginning, but euery part attend rather to strenghthen it selfe for the tyme.

2.A second reason of this is, for that the for­rayne Princes and states rounde about vs, are like to be much deuided in this matter, some as pretendents for themselues or their kynred & frends, and others as fauourers of this or that party, for religion, so as their will not vvant presently offers of helpes and succours from abroade, which succours albeit they should be but meane or smalle at the beginning, yet vvill they be of much importance, vvhen the forces at home be deuided, and vvhen their shalbe different portes harbors, and holdes, ready within the lande, to receaue and harbour them, so as I take it to be most likely, that this affuyre vvil grow somevvhat longe and so be ended at lenght by some composition only, and that either by parlament and general consent of al partes pretendentes, and of al three bodyes of religion meeting together by their deputes [Page 263] and treat and conclude some forme of agree­ment as vve see it practised now in France, or els by some other meanes of commissaries, commissioners, legates, deputies, or the like, to to make the conclusion vvith euery partye a sunder.

My third & last coniecture is (& for a meere The third coniectu­re vvho is lykest to preuaile. coniecture only, I vvould haue you to hold it) that seeing there be two sortes of pretenders, which stande for this preferment, the one stran­gers, the other Inglish, my opinion is, that of any one forrayne Prince that pretendeth, the Infanta of Spayne is likest to beare it away, or some other by her title, layed vppon hym by her father the kinges good will, and on the other side, of any domestical competitors, the second sonne of the earle of Hartford, or of the issue of the countesse of Darby, carrieth much shew to be preferred.

My reasons for the former part, about the For the Infanta of Spayne Lady Infanta, are, that she is a woman, and may easely ioyne (if her father vvill) the titles of Britany and Portugal together, she is also vnmarried, and by her marriage may make some other composition, either at home or abroade, that may facillitate the matter, she is a great Princesse and fit for some great state, and other Princes perhapps of Christendome vvould more vvillingly yeald and concurr to such a composition, of matters by this Lady, and by casting all forraine titles of Britanie and Portugal vppon her, then that the king of [Page 264] Spayne should pretend for himself, & there by encrease his monarchie, which other Princes his neyghbours, in reason of state, vvould not so well allow to beare.

In Ingland also it selfe if any partye or per­son be affected that way, he vvould thinke heerby to haue the more reason, and if any be against straingers, some such moderation as this would take away much of this auersion, as also of arguments agaynst it: for that heerby it semeth that no subiectiō could be feared to any forrayne realme, but rather diuers vtilities to the realme of Inglāde, as these mē pretēde by the reasons before alleaged in the precedēt chapter.

I said also, that this Lady Infanta, or some other by her title and her fathers good vvil, was likest of all straingers to beare it away, for that if she should either dye or be married in any other countrye, or otherwise to be disposed of, as her pretēce to Ingland should be disinabled before this affayre came to be tried, then may her said father and she if they list, cast their fore saide interests and titles (as diuers men thinke they would) vppon some other Prince of their owne house and blood, as for example, either vppon some of the families of Parma or Bra­gansa before mentioned, or of the house of Austria, seing theit wanteth not many able & vvorthy Princes of that house, for whom there vvould be the same reasons and considerations, to persuade their admission by the Inglish, that haue bin alleaged before for the Infanta, & the [Page 265] same [...] to the realme, and motiues to In­glishmen, if such a matter should come in cousultation, and the same frends and forćes would not want abroad to assist them.

For the second parte of my coniecture, tou­ching For the earle of Hartfords seconde sonne. the earle of Hartfords second sonne, or one of the countesse of Darbyes children, my reasons be, first for that this secōd sōne, seemeth to be cleered in our former discourse of that 1. Sup. c. [...]. bastardy that most importeth, and neerest of al other lyeth vppon those children, which is for lack of due proofe of their parēts marriage, for which defect they do stand declared for illegi­timate by publique sentence of the archbishop of Canterbury, as before hath bin declared, from which sentēce this second sonne is made free, by the arguments before alleaged, and therin preferred before his elder brother.

2.And secondly for that this yonger sonne is vnmarried, for any thing that I do know to the contrary, which may be a pointe of no smalle moment in such an occasion, as hath bin noted diuers tymes before, for ioyning or for­tefying of tittles by marriage, and for making of compositions of peace and vnion with the opposite parties. 3.And finally for that this se­cond sonne, being yonge, his religion is not yet much talked of, and consequently euery partie may haue hope to draw him to their side, es­pecially he being also free as I haue said to fol­low what he shal thinke best, or most expediēt for his owne aduancement, without knott or [Page 266] obligation to follow other mens affections or iudgmēts in that pointe, as he would be presu­med to be if he were married, or much obliged to any other familie.

I do name also in this second pointe, the chil­dren For the children of the Coūtesse of Darbie 1. of the countesse of Darby first, for that in truth the probabilities of this house be very great, both in respect of their discent, which in effect is holden as it were cleeare from bastardy as before hath bin shewed, and then againe for their neernes in degree, which by the countesse yer liuing is neerer to king Henry the seuenth by one degree, then any other cōpetitor what­soeuer. Secondly I do name this countesse chil­dren & not her selfe, for that I see most mē that fauour this house, very willing & desirous that some of the said countesse children should ra­ther be preferred then she herselfe, and this for that she is a vvoman, & it seemeth to thē much to haue three womē reigne one after the other, as before hath bin noted, so as they would haue her title to be cast rather vppon one of her children, euen as vppon like occasion it hath bin shewed before, that the Spaniards caused the Lady Berenguela neece to king Henry the Garibay l. a5. c. 36. second, to tesigne her title to her sonne, vvhen she should haue succeeded by neernes of inhe­ritance, & as a litle before that, the state of In­gland did after king Stephen, vnto king Henry Polydor in rit Steph. the first his daughter Maude the Empresse, whō they caused to passe ouer her title to her sonne Hēry the secōd, though her owne right should [Page 267] haue gone before him by neernes of succession, as also should haue done by orderly course of succession, the right of Margaret, countesse of Richmond, before her sonne king Henry the seuenth, as before hath bin proued, but yet vve see that her sonne was preferred, & the like vvould these men haue to be obserued in the countesse of Darby.

3.Lastly I do name, the children of this coun­tesse in general, and not the earle of Darby par­ticulerly aboue the other, though he be the el­dest, for two respects, first, for that his yonger brother is vnmarried, which is a circumstance wherof diuers tymes occasion hath bin offred to speake before, and therfore I neede to ad no further therin, & secondly for that diuers men remaine not so fully satisfied & contented with the course of that Lord hitherto, and do thinke that they should do much better with his bro­ther if so be he shal be thought more fitt, yet are thease things vncertaine, as we see, but not withstanding such is the nature and fashon of man, to hope euer great matters of youthes, especially Princes, God send al iust desires to take place, and with this I wil ende, and passe, no further, hoping that I haue performed the effect of my promisse made vnto you at the be­ginninge.