A TREATISE Concerning the BROKEN SUCCESSION OF THE CROWN OF ENGLAND: Inculcated, about the later end of the Reign of Queen Elisabeth.  
Not impertinent for the better completing of the General Information intended.  
LONDON: Printed Anno Dom. 1655.   

OUT OF THE PREFACE.  
The Purpose of the Book.  
THE Purpose of this Treatise is to prove, That the next Successor of England must needs be very doubtful.  

The First Part of the Book.  
The Civil Lawyer declareth, That albeit the Titles by Succession were clear, yet that as things stand now in England, and other Countries near adjoining, there may be a great Doubt which of them shall prevail.   

The Second Part.  
The Temporal Lawyer showeth that the Titles and Pretensions of all the Ten or Eleven Families of the English Blood Royal, which remain at this day, are Ambiguous and Doubtful, according to the Common Laws of England.    


That Succession by Nearness of Blood is not by Law of Nature, or Divine; but only by human and Positive Laws of every particular country, and consequently may be altered by the same.  
CAP. I.  
Such are not to be admitted, of whom no good is to be expected.  
THE Government is Ordained for the benefit of the commonwealth; therefore no Reason or Law, Religion or Wisdom in the World can admit such Persons to the Government of the same, by whom no Good, but Destruction may be expected; as for example, by a natural Fool, or one that were a Turk, or Moor in Religion.  

Other Conditions, besides priority, are requisite, which are assigned by the commonwealth.  
Ergò, Some other Conditions also must needs be requisite, besides the mere priority in Blood; and these Conditions are not prescribed by any Law of Nature or Divine, but assigned and limited out by the authority of every particular country and commonwealth, to the which the Prince is bound.   

To live in company cometh of Nature; but the Form thereof by the Laws of every country.  
The sociability, or inclination to live together in company, man with man (whereof ensueth both city and commonwealth, as Aristotle gathereth) and in like manner, Government and Jurisdiction of Magistrates, which is necessary for the maintaining of that society, is of Nature, and consequently of God, that is Author of Nature; But the particular Form or manner of this or that Government, in this or that fashion, is not by Law either Natural or Divine, but ordained by particular positive Laws of every country; for if it were by the Law of Nature or Divine, it should be all one in all Countries, seeing God and Nature is one to all.   

To live in Company is Natural to man, and the ground of all commonwealths.  
All ground of Realms and commonwealths dependeth of this Point, as of their first Principle, For that a commonwealth is nothing else but the good Government of a Multitude gathered together, to live in one: And therefore all old Philosophers, lawmakers, 
Plato de Repub. Cic. de Repub. Arist. Pol.  and wise men, that have treated of Government or commonwealths, as Plato, Cicero, Aristotle, &c. do make their entrance from this first Principle, to wit, That man by Nature is sociable, and inclined to live in company, whereof do proceed first, all private Houses, than Villages, than Towns, than Cities, than Kingdoms and commonwealths.   

1. Proof. Inclination Universal.  
In all Nations, never so wild or barbarous, we see by experience that by one way or other, 
Pompon. Mela. lib. 3. cap. 3. 4. Tacit. l. 8.  they endeavour to live together, either in Towns, Caves, Woods, Tents, or other like manner, according to the custom of each country; which universal instinct could never be but by impression of Nature itself.   

2. Speech.  
The use of Speech is given to man for this end and purpose, otherwise little available were it, 
Arist. l. 1. Polit. c. 12. 3, 4.  if men should live alone, and converse with none.   

3. Imbecility and Nakedness of Man.  
Man is born more infirm and naked, than all other Creatures, not able to provide and defend himself, 
Theoph l. de Plant. Plutarch. cō de fortuna; & l. de pietare in parents.  but by the help of others; which is a token that he is born to live in company, both for his necessity to be holpen by others, and also for his own commodious living, seeing no man of himself is sufficient for himself; wherefore wittily said Aristotle, That ho which flieth to live in society, is either Deus aut Bellua; a God, or a Beast: for that either he doth it, because he hath no need of any, which is proper to God; or else for that he will do good to none, and feeleth not that natural instinct, which man hath to live in conversation; which is a sign rather of a Beast, than of a Man.   

4. The use of Justice and Friendship.  
If man should not live in company of others, Justice and Friendship should be utterly in vain; Justice, whose office is, To distribute to every one his own: and Friendship, which is so necessary and equal, 
Cic. lib. de Ami citia.  Vt nec aquâ, saith Cicero, nec igne, nec ipso sole pluribus in locis utamur quàm amicitiâ.   

5. By the holy Scripture.  
Dixit quoque Dominus Deus, 
Genes. 2. v. 18.  non est bonum hominem esse solum, faciamus ei adjutorium simile sibi. Of which words is deduced, That as this first society of our first Parents was of God, and for so great purpose, the one to be holpen by th' other; so all other Societies, which grow of this first, stand upon the same ground of God's Ordination, for the self same end of man's utility.   

Government and superiority is also of Nature. 1. Necessity.  
Without Government, superiority and Jurisdiction of Magistrates, the aforesaid society can in no wise subsist: it followeth therefore that Government is of Nature, as welll as the society itself. For except there be some Order kept among men, to reward Virtue, chasten Vice, and relieve the Afflicted, 
Job 10. v. 22.  there is nothing to be hoped for, but horror and confusion; for that one would devour and consume the other.   

2. Consent of Nations.  
There was never yet Nation found, among whom men living together had not some kind of Magistrates or Superiors to Govern them; 
Cic. lib. 1. de natura Deorum.  which general Consent, Cicero calleth Ipsius vocem naturae.   

3. Civil Law.  
The Civil Law proveth also this point in the beginning of our Digests, where the second title of the First Book is, De origine juris & omnium Magistratuum, 
Lib. 1. Digest. Tit. 2.  of the beginning of the Civil Law, and of all Magistrates; which beginning is referred to the Principle of natural instinct, and God's institution.   

4. Holy Scripture.  
God concurreth also expressly with this instinct of Nature, as when he saith to Solomon, 
Prov. 8. Rom. 13.  By me Kings do Reign; And S. Paul to the Romans avoucheth, That authority is not but of God, and therefore he which resisteth authority, resisteth God. Viz. authority in itself according to the first institution, as also lawfully laid upon any persons, but not wrongfully.   

Particular Form of Government is not of God, or Nature, but free to every Country.  
So those two aforesaid Points, to wit, The commonwealth, and Government of the same, are of Nature; But the particular Forms of Government are left unto every Nation and Country to choose, either Democratia, Aristocratia, or Monarchia, according as they shall like best; for if they were determined by God or Nature, they should be all one in all Nations; which they are not: seeing we see that every Nation almost hath her particular Form, or manner of Government: 
Aristotle lib. 2. Polit.  And the cause of these Differences Aristotle attributeth to the diversity of mens' Natures, Customs, Educations, and other such causes, that make them make choice of such, or such Forms of Government.   

Diversity of Government in divers Countries and Times.  
And this Difference of Government is not in divers Countries only, but also at divers times in one and the same country: For the Romans first had Kings, & after rejecting them for their evil Government, they chose Consuls annual, whose authority was limited by a multitude of Senators, and these men's Power by the Tribunes of the People, and sometime Dictators; and finally, they came to be Governed by Emperors.  
The like may be said of many commonwealths both of Asia and Greece; and at this day of Europe.  
In Italy, now divided into so many commonwealths, every one of them almost keepeth a different Form of Government: Milan, as also Burgundy, Lorraine, Bavire, gascony, and Brittany the lesser, were once distinct Kingdoms, now Dukedoms. Whole Germany, many years together a Kingdom, now is divided into so many Dukedoms, Earldoms, and other Titles of Supreme Princes.  
Castille, Arragon, Portugal, Barcelona, which were first Earldoms only, and after Dukedoms, and then Kingdoms, are now all united under one Monarch: Boëme and Polonia, Dukedoms once, now Kingdoms. France first a monarchy, under Pharamont, Clodion, Merovye, Childeric, and Clodovaeus, was after divided into Four Kingdoms, to wit, one of Paris, another of Soissons, the third of Orleans, and the fourth of Metz: and afterwards made one monarchy again. England first a monarchy under the Britain's, and then a Province under the Romans, and after divided into Seven Kingdoms at once under the Saxons, 
The Jews. lib. Gen. Lib. Exod. Lib. Job. Lib. Judg.  and now a monarchy again under the English. The People of Israël also were under divers manners of Government, in divers times; first under Patriarchs, Abraham, Isaac, and Jacob: then under Captains, as Moses, Josue, &c. then under Judges, as Othoniel, Acod, 
Lib. 1 Reg. Lib. Machab.  Gedeon, &c. then under High Priests, as Hely and Samuel: then under Kings, as Saul, David, &c. then under Captains and High Priests again, as Zorobabel, Judas, &c. until they were brought under the power of the Romans.  
So as there can be no doubt, but that the commonwealth hath power to choose their own fashion of Government, as also to change it upon reasonable causes; and God no doubt doth approve it.   

The commonwealth limiteth the governor's authority.  
And as the commonwealth hath this authority to choose and change her Government, so hath she also to limit the same with Laws and Conditions: Therefore the Consuls of Rome were but for one year, other Officers and Magistrates for more, as their commonwealth did allot them. The Dukes of Venice at this day are for their Lives; those of Genoa for two years. The Dukedoms of Ferrata, Urbino, and Parma, are limited only to Heirs Male; & for defect thereof, to return to the Sea of Rome; as Florence, and Mantua, for like defects to the Empire.   

How a Natural Prince is to be understood.  
When men talk of a Natural Prince, and Natural Successor; if it be understood of one that is born within the same Realm or country, and so of our own natural blood, it hath some sense; but if it be meant as though any Prince had his particular Government or Interest to Succeed by Institution of Nature, it is ridiculous; for that Nature giveth it not, as hath been declared, but the particular Constitution of every commonwealth.    

Of the Form of Monarchies and Kingdoms in particular, and the different Laws, whereby they are to be Obtained, Holden, and Governed in divers Countries.  
CAP. II.  
A monarchy the best Government.  
ARistotle, Seneca, and Plutarch do hold a Kingdom to be the most perfect commonwealth among all other, and the very first.  

His Antiquity.  
Of all other it is the most ancient; for we read that among the Syrians, Medes and Persians, their first Governors were Kings. 
1 Reg 8.  And when the Children of Israël did ask a King at the hands of Samuel (1000 years before the coming of Christ) they alleged for one Reason, 
Dionys. Halic. lib. 5.  That all Nations round about them had Kings for their Governors; and at the very same time the chiefest Cities and commonwealths of Greece, 
Cornel. Tacit. lib 3.  as the lacedaemonians, Athenians, Corinthians, and others, 
Cie. lib. 1. offic.  were governed by Kings. The Romans also began with Kings.   

It resembleth the Government of God, and Nature.  
This kind of Government (as do gather S. 
Hierom. lib. 2. Epist 12.  Hierom and S. Chrysostom) resembleth most of all the Government of God, 
Chrysost. ho. 23.  that is but one: representeth the excellency of one Son, of one Soul in the body: it is also most conformable unto Nature, by example of the Bees which do choose unto themselves a King, and do live under a monarchy.   

St. Peter's authority.  
Subjecti estote omni humanae Creaturae propter Deum, 
1 Pet. 2.  sive Regi quasi precellenti, sive Ducibus ab eo missis, &c. saith S. Peter, where he seemeth to signify that a King's Government is the best among all others; seeing at this time when he wrote this Epistle, the chief Governor of the world was not called King, but Emperor; though indeed between the title of King and Emperor there is little or no difference in substance, but only in name.   

Utilities of a Kingdom.  
This Government, not only in itself, but also by his Effects and utility, is the most excellent: For in the monarchy of one King there is more unity, Agreement, and Conformity, and thereby also Celerity commonly in dispatching of business, and in defending the commonwealth, than where many Heads be: less Passions also in one man, than in many.   

Inconvenieneys of other Governments, as of DEMOCRATIA.  
In Democratia, especially where Cunning men are admitted, such as were the Orators in Athens, and the Tribunes in Rome, who could move the Waves, raise up the Winds, and kindle the Fire of the vulgar people's Affections, Passions, and Furies at their pleasure; there is nothing but Sedition, Trouble, Tumults, Outrages, and Injustice committed upon every little occasion: By which we see that of all commonwealths, these of Popular Government have soonest come to ruin; as do witness not only the old examples of Greece, Asia, and Africa, but also many Cities in Italy, who upon the Fall of the Roman Empire, took up unto themselves Popular Governments, wherein they could never rest, until they came under the monarchy of one Prince or other, as at this day they do remain.   

Of ARISTOCRATIA.  
For Aristocratia, as it doth participate of Monarchia and Democratia, or rather tempereth them both: so hath it both good and evil in it; but yet inclineth more to the evil, for the disunion that commonly by man's infirmity and malice is among those heads: For which cause the States of Venice and Genoa, which were wont to have simply this Government of Aristocratia, were enforced in the end to choose Dukes. The Division and Factions among the Senators of Carthage, was the cause why Aid was not sent to Hannibal their Captain in Italy after his so great and important victory at Canna; 
Tit. Liv. l. 30.  which was the very cause of the saving of the Roman Empire, 
Eutrop. l. 3. Oros. l. 5. & 6.  and the loss of their own. As also afterwards the Emulations and Discord of the Roman Senators in the Affairs and Contentions of Marius and Sylla; and of Pompey and Caesar, was the occasion of all their Destruction, and of their commonwealth with them.   

Why Helps are given to Kings.  
Therefore it appeareth that of all other Governments monarchy is the best: But for that a King is a Man as others be, and thereby not only subject to Errors in judgement, but also to passionate Affections in his Will; It was necessary, That the commonwealth should assign him the best Helps that might be for Directing and Rectifying both his Will and judgement.   

Laws the first Help, why given.  
The first Help is the Law, 
Arist. l. 3.  which Aristotle saith, Est mens quaedam nullo perturbata affectu: 
Pol. cap. ult.  and in the same place addeth, That he which joineth a Law to Govern with the Prince, 
Lib. 3. pol. c. 12  joineth God to the Prince; but he that joineth to the Prince his Affection to Govern, joineth a Beast: So that a Prince Ruling by Law, is more than a man, or a man Deified; and a Prince Ruling by Affections, is less than a man, or a man Brutified. In another place also the same Philosopher saith, That a Prince that Ruleth himself, and others, by his own Appetite and Affections, 
Lib. 1. pol. c. 2.  of all Creatures is the worst, and of all Beasts is the most furious and dangerous; for that nothing is so outrageous as Injustice armed, and no armour is so strong, as Wit and Authority.   

Councils the second Help, why given.  
The monarchy of ENGLAND tempered.  
The second Help that commonwealths do assign to their Kings and Princes, be certain Councils, as we see the parliament of England and France, the Courts in Spain, and Diets in Germany, without which no matter of great Moment can be concluded: And besides this commonly every King hath his privy Council, whom he is bound to hear; and this was done to temper somewhat the absolute Form of a monarchy, whose danger is, by reason of his sole authority, to fall into tyranny, 
Arist. lib. 4. pol. cap. 10.  as Aristotle noteth. [In the monarchy of England all the Three Forms of Government do enter more or less; In that there is one King or Queen, it is a monarchy: In that it hath certain Councils which must be heard, it participateth of Aristocratia; And in that the commonalty have their Voices and Burgesses in parliament, it taketh part also of Democratia.] All which limitations come from the commonwealth, as having authority above their Princes, for the good of the Realm.   

Restraint of Kings among the Romans.  
Why kingly Government left in Rome.  
This Restraint hath been in all Times and Countries; 
Tit. Liv. lib. 1. Dec. 1.  as for example, The Romans that began with Kings, gave their Kings as great and absolute authority as ours have now adays, but yet their next in Blood Succeeded them not of necessity, but new Kings were Chosen partly by the Senate, and partly by the People. So as of Three 
* Numa Pompilius. Tullius Hostilius. Tarquinus Priscus.  most excellent Kings that ensued immediately after Romulus, none were of the Blood, nor yet Romans born, but rather Strangers Chosen for their Virtue and valour: 
Tit. Liv. lib. 1. Dec. 1.  So for the neglecting of their Laws the Senators slew Romulus their first King, and cut him in pieces; and for the same reason, expelled Tarqvinius Superbus their last, and all his posterity, and with them the Name and Government of Kings, which was changed in the Regiment of Consuls.   

Restraint of Kings among the Grecians.  
In Greece, and namely among the lacedaemonians, 
Arist. lib. 2. Pol. Cap. 8. Plut. in Lycur.  their King's authority was so restrained by certain Officers of the People, called Ephori (which commonly were five in number) as they were not only chastened by them, but also Deprived, and sometimes put to death.   

Restraint of Kings in Christendom.  
In Germany.  
The Emperor can neither make War, nor exact any Contribution of men, or Money thereunto, but by the free leave and Consent of all the States of the German diet or parliament; And for his Children or next in kin, they have no action, interest, or pretence to Succeed, but only by free Election, if they shall be thought worthy: Nay one of the chiefest Points that the Emperor must Swear at his entrance is this, 
Sleidan, lib. 8. Anno 1532. Blond Decad. 2. l. 3. Crant. l. c. 25.  That he shall never go about to make the dignity of the Emperor Peculiar or hereditary to his family, but leave it unto the Seven Electors, free in their power to choose his Successor, according to the Law made by the Pope Gregory the Fift, and the Emperor Charles the Fourth, in this behalf.   

In Polonia and Bohemia.  
The Kings of Polonia and Bohemia can neither do any thing of great Moment, 
Herbert. lib. 9 hist. Polon. Cromerus l. 3. hist Polon.  without the consent of certain principal men called Palatines or Castellans; neither may their Children of next Blood Succeed except they be Chosen, as in the Empire.   

In Spain, France, and England.  
In Spain, France, and England, the Privileges of Kings are far more eminent, both in the Power and Succession; for their authority is much more absolute, and their next in Blood do ordinarily Succeed: for as touching authority, it seemeth that the Kings of France and Spain have greater than the King of England; for that every Ordination of these Two Kings is Law in itself, without further Approbation of the commonwealth, which holdeth not in England, where no general Law can be made without Consent of parliament. But in the other Point of Succession, the restraint is far greater in those other Two Countries than in England. For in Spain the next in Blood cannot Succeed be he never so lawfully descended, but by a new Approbation of the nobility, Bishops, and States of the Realm, as it is expressly set down in the Two ancient Councils of Toledo the Fourth and Fifth. Nor can the King of Spain's own Son at this day be called Prince, 
Council Plet. 4. c. 74. & Council s. c. 3.  except he be first Sworn by the said nobility and Estates, as we have seen it practised in the King Philip's Children. In France, Women, neither any of their Issue, though Male, are admitted to Succeed in the Crown: And therefore was Edward 3d. of England, though Son and Heir unto a Daughter of France, 
Anno 1340.  which was left by her Three Brethren Sole Heir to King Philip 
* the Fourth. Anil. hist. France lib. 2.  the fair her Father, put by the Crown; As also was the King of Navarre at the same time, Son and Heir unto this woman's eldest Brothers Daughter named Lewis Huttin; 
Gerard du Haillan. lib. 14. hist. France.  notwithstanding all their allegations: And Philip de Valois, a brother's Son of Philip the fair's, preferred to it by General Decree of the States of France, 
Franc. Bellef. lib. 5. c. 1.  and by Verdict of the whole parliament of Paris. 
Anno 1327.  And albeit the Law Salica, by virtue whereof the Frenchmen pretend to exclude the Succession of Women, 
Gerard du Haillan, lib. 13. hist. France. & Anno 1317. & lib. 14 Anno 1328. & lib. 3. del estate. de France.  be no very ancient Law, as the French themselves do confess, and much less made by Pharamont their first King; yet do we see that it is sufficient to bind all Princes and Subjects of that Realm to observe the same, and to alter the Course of Natural descent; and that the King of Navarre only by virtue thereof doth at this day pretend to be the next in Succession to this goodly Crown, and to exclude both the Infanta of Spain, and the Prince of Lorrayn that now is, who are Children of the last King's Sisters.   

Propinquity of Blood, not Sufficient.  
By which we see, That it is not enough for a man to allege bare propinquity of Blood, thereby to prevail; for that he may be excluded, or put back by divers other circumstances, and for sundry other reasons.   

Kings lawfully Possessed, may be Deprived.  
Yea, The commonwealth hath not only the authority to put back the next Inheritors upon just Considerations, but also to Dispossess them that have been lawfully put in Possession, if they keep not the Laws; As by examples of all Nations it might be proved. And God for the most part hath wonderfully prospered the same.   

Titles of Princes once Settled, not to be Examined by private men.  
Not that it be lawful to Subjects for every mislike to band against their Princes: Nay if a Prince be once settled in the Crown and admitted by the commonwealth, every man is bound to settle his Conscience to obey the same, 
* In that he may lawfully command.  without examination of his Title or Interest, because God disposeth of Kingdoms, and worketh his will in Prince's affairs.   

Yielding too much to Princes bringeth a tyranny.  
But to make Princes subject to no Law or limitation at all, and to free them from all Obligation unto the whole body whereof they are the Heads, as though they had been created Kings from the beginning of the world, or as though the commonwealth had been made for them, and not they for the commonwealth, were to bring all to such absolute tyranny as no Realm ever did or could suffer among civil People.   

The mean which is to be kept. The Argument of the next Chapter.  
So as all duty, Reverence, Love, and Obedience is to be yielded to the Prince which the commonwealth hath once established: So yet retaineth still the commonwealth her authority not only to restrain him, if he be exorbitant, but also to chasten and remove him upon due and weighty considerations: And hath the same been done and practised at many times in most Nations with right good success to the weal-public.    

Of Kings lawfully Chastised by their commonwealths for their Misgovernment: And of the good and prosperous success that God commonly hath given to the same.  
CAP. III. EXAMPLES.  
The Ordination of God in the commonwealth of the Jews, doth authorise the same doings in other commonwealths.  
FOr Examples out of the Scripture, though some man may chance to say, That the things recounted there of the Jews, were not so much to be reputed for Acts of the commonwealth, as for particular Ordinances of God himself; yet it doth make rather for, than against this purpose; because other commonwealths may the sooner practise that wherein they have God his own authority and approbation.  

Examples out of the Jews. SAUL.  
First than Saul, though he was elected by God to that Royal Throne, yet was he by his order slain by the Philistians, for his disobedience, and not fulfilling the Laws and limits prescribed unto him: And David was chosen in his room, which proved such a King, as he was a most perfect pattern for all Kings to follow; and so lived, and so died, as never Prince (I think) before him, nor perhaps after him so joined together both valour and Virtue, Courage and humility, Wisdom and piety, Government and Devotion, nobility and Religion.   

AMON.  
Amon was lawful King also, and that by natural descent and Succession, for he was Son and Heir to King Manasses; yet he was slain by his own people, quia non ambulavit in via Domini; and Josias was brought in his room; of whom it is written, Fecit quod erat rectum in conspectu Domini, & non declinavit neque ad dextram neque ad sinistram.   

Examples of the Romans. ROMULUS.  
Romulus the first King of the Romans, 
Halic. lib. 7.  as hath been said before, having by little and little declined into tyranny, was slain and cut in pieces by the Senators; and in his place was chosen Numa Pompilius, the notablest King that ever they had, 
Tertul. lib. de Praescrip. contra haeres. Justin Martyr. Apol.  who prescribed all their Order of Religion, and manner of Sacrifices, imitating therein the Ceremonies of the Jews; as Tertullian and others do note; began the building of the Capitol; and added the two Months of January and February to the year.   

Tarqvinius SUPERBUS.  
The expulsion of Tarqvinius Superbus their seventh and last King, 
Tit. Liv. lib. 1. Dec. 1. Eutrop. lib. 1.  for his evil Government; and the alteration thereby of the whole Government by the establishing of Consuls, had so prosperous a success, that whereas at the end of their King's Government they had but fifteen miles' Territory without the city; it is known that when their consul's Government ended, and was changed by Julius Caesar, their Territory reached more than fifteen thousand miles in compass.   

JULIUS CAESAR.  
When Julius Caesar upon particular ambition had broken all Law both human and Divine, 
Dyon. in Caes.  and taken all Government into his own hands alone, he was in revenge thereof, slain, as the world knoweth, by Senators in the Senate-house; and Octavianus Augustus preferred in his room, 
Suet. in Caes.  who proved afterwards the most famous Emperor that ever was.   

NERO.  
After Nero 6th. Emperor which succeeded lawfully his Uncle Claudius, and was afterward deposed and sentenced 
* Which was the first judicial Sentence that ever the Senate gave against Emperors.  to death by the Senate for his wicked Government; albeit Peace ensued not presently, yet within few months the whole Empire fell upon Vespasian, and his Son Titus, two of the best Governors that those times ever saw. 
Corn. Tac. lib. 20. & 21. Egesip. lib. 5.    

DOMITIAN.  
To cruel Domitian, (whose death the Senate is thought in secret to have procured, being not able to perform it openly by Justice; for that he did presently by public Decree allow of the same, disannulled all his barbarous acts and pulled down everywhere his Arms and Memories) did succeed five excellent good Emperors; 
Eutrop. in vita Caes.  to wit, Nerva, whom the Senate chose in his room, Trajan, Adrian, Antonius Pius, and Marcus Aurelius.   

HELIOGABALUS.  
Heliogabalus for his most beastly life and foul actions, was deprived and put to death by the soldiers of Rome, 
Anno 124.  at the request and public Approbation of the Senate and People; 
Aelius Lamp. vita Heliog.  who Ordained in his detestation, That never Emperor after him should be called more Antoninus (and so it was observed.) and preferred to the Empire in his room his x named Alexander Severus, 
Herod in vita seven.  who proved one of the most rarest Princes for his valour and Virtue, that ever the Roman Empire hath had.   

MAXENTIUS.  
Maxentius was drowned in the River of Tiber, and he, surnamed afterward Constantine the great, succeeded in the Empire, and was the man that all men know, and the first Emperor that publicly professed himself a Christian, and planted our Faith over all the world.   

CONSTANTINE SIXTH, And IRENE.  
Constantine the Sixth, was for his evil Government first deposed, 
* whereby followed the change of the Empire from the East to the West.  and his eyes put out by his own Mother Irene, who usurped the Empire; but being not able to Rule it in such Order as it was needful for so great a monarchy, she was deprived thereof by the Sentence of Leo. the third, and by consent of all the People and Senate of Rome; and Charles the Great, King of France, and of Germany, was crowned Emperor of the West, and so hath that Succession remained unto this day, and many worthy men have succeeded therein, and infinite acts of Jurisdiction have been exercised by this authority; which were all unjust and Tyrannical, if this change of the Empire, and deposition of Irene and her Son for their evil Government had not been lawful.   

Examples out of France. Childeric. 3d.  
Childeric 3d. King of France, for his evil Government and Faineantise, was deposed by Zacharie the Pope, at the request of the whole nobility and clergy of France, Who alleged, 
bells. lib. 1. Gerard. lib. 3. Aemil. lib. 2. Clem.  That their Oath to Childrick was to honour, serve, obey, maintain, and defend him against all men; as long as he was just, religious, valiant, clement, and would resist the enemies of the Crown, 
Baudin. En la chronique des Roys de Fran.  punish the wicked, and conserve the good, and defend the Christian Faith; Which being not observed on his part, they ought not be bound to him any longer, nor would not be any longer his Subjects: and so chose and Crowned Pepin in his place, whose posterity reigned for many years after him, and were such noble Kings as all the world can testify.   

CHARLES of Lorraine.  
Charles of Lorraine, last of the race of Pepin, for the evil satisfaction that the French Nation had of him, was by the authority of the commonwealth put by the Crown; and Hugo Capetus preferred to it; 
Anno 988.  whose Line hath remained and possessed it unto this day.   

Examples out of Spain. FLAVEO SUINTILA.  
Flavius Suintila King of Spain, was, both he and his posterity put down and deprived, 
Isid. in hist. Hispan.  in the fourth Council National of Toledo, and one Lissinando confirmed in his place.   

ALONSO, 11th.  
Don Alonso 11th. King of Castille and Leon, Son to Ferdinand the Saint, 
Estevan. de Garibay. l. 13. de la hist. de Espan. cap. 15.  for his evil Government, and especially for tyranny used towards two Nephews of his, was deposed of his Kingdom by a public Act of Parliament in the town of Valliodolid, after he had reigned 30 years; and his own Son, Don Sancho 4th. was Crowned in his place; who for his valiant acts was surnamed Elbravo, and it turned to great commodity to the commonwealth.   

PEDRO.  
Don Pedro the Cruel, Son to Alonso 12th. having reigned 18. years, was for his injurious Government, dispossessed of his Crown by King Henry his bastard Brother, 
Garibay. l. 14. cap. 40. 41.  whom the States of the Country had called out of France, and Crowned: and though Pedro was restored again by the black Prince of Wales, yet God showed to favour more Henry, because he returned and deprived Pedro the second time, and slew him in fight hand to hand; and being set up in his place (which his progeny hath enjoyed to this day) he proved so excellent a King, as he was called el Cavallero, and el delas dragoons, the knightly and bountiful King.   

Don SANCHO, 2d.  
Don Sancho Gapelo, lawful King of Portugal, having reigned 34. 
Garibay. l. 4 de hist. Portug. cap. 19  years, was deprived for his defects in Government by the universal Consent of all Portugal, and approbation of a General Council at lions, Pope Innocentius the Fourth, being there present, who did authorise the said State of Portugal, at their Petition, to put in Supreme Government, Don Alonso, 
Garib. in hist. de Portug. lib. 34. c. 20, & 21.  Brother to the said Sancho, who was Earl of Boulongne in Picardy by the right of his Wife: which among other great exploits, was the first that set Portugal free from all Subjection and Homage to the Kingdom of Castille, which unto his time it had acknowledged.   

Greece. MICHAEL CALAPHATES, and NICEPHORUS BOTONIATES.  
Michael Calaphates, 
Glicas in Annal. part 4. Zon. Annal. co. 3. invita Mick. Calaph.  Emperor of Greece, for having trodden the Cross of Christ under his feet, and being otherwise also a wicked man, was deprived: As was also the Emperor Nicephorus Botoniates for his dissolute life, and preferring wicked men to authority.   

Polonia. HENRY. 3d.  
In our days Henry 3d. King of France, 
In Liceus Rep. Polon. ad Henricum Valessum. p. 182. 184.  was deprived of the Crown of Polonia, (Whereof he had also been Crowned King before) by public Act of Parliament, for his departing thence without licence, and not returning at the day denounced by public Letters of peremptory commandment. 
Gagneus, part 1. de rebus Polon.    

Suetia. HENRY.  
Henry late King of Suëtia, was put down and deprived by that commonwealth, 
Poilin. lib. 32. hist de France Anno 1568.  and his Brother made King in his place, whose Son reigneth at this day, and is also King of Polonia: And this Fact was allowed by the Emperor, the King of Denmark, and all the Princes of Germany, near about that Realm.   

Denmark. Cistern.  
cistern King of Denmark, 
Sleydan. lib. 4. hist. An. 1532. Munst. lib. 3. Cosmogr. in descript. David. Paulus Jovius in viris Illust.  for his intolerable cruelty, was deprived and driven into banishment, together with his Wife and three Children; and his Uncle Frederick Prince of Holsatia, was chosen King, whose progeny yet remaineth in the Crown.   

England. King JOHN.  
King John of England, for his evil Government, and for having lost Normandy, gascony, Guyenne, and all the rest which the Crown of England had in France, made himself so odious and contemptible, as first he was both Excommunicated and Deposed by the Pope at the suit of his own People; and, to make his Peace, was enforced to resign his Crown in the hands of Pandulpho the Pope's legate; 
Polid. hist. Angl. lib. 15. Anno 1212.  and afterwards falling back again to his old defects, though by making his Kingdom tributary in perpetuum to the See of Rome, he had made the Pope of his side for a time; the People notwithstanding did effectuate his Deprivation the 18th. 
Anno 1216.  year of his reign, first at Canterbury, and after at London; And called Lewis Prince of France, Son to Philip 2d. and Father to Saint Lewis, and chose him for their King, and did swear him fealty with General Consent in London. 
Anno 1216.  Anno 1216. But King John's death following presently after, made them turn their purposes, and accept of his Son Henry, before matters were fully established for Lewis; And this Henry, which was 3d. of that Name, proved a very worthy King; and reigned 53. years, which is more than ever King in England did, leaving Edward 1. his Son Heir, not inferior to himself in manhood and virtue.   

EDWARD, 2d.  
But this Edward 1. had a Son Edward 2d. who falling into the same or worse defects than King John had done, was after 19 years' reign deposed also by Act of Parliament holden at London the year 1326. 
Polyd. lib. 18. hist. Angl. Anno 1326.  appointed to be called Edward of Carnarvam from that hour forward, and his body adjudged to perpetual prison, where at length his life was taken away from him in the Castle of Barkley: and his Son Edward 3d. was chosen in his place; who either for valour, Prowess, length of Reign, acts of chivalry, or the multitude of famous Princes his Children left behind him, was one of the noblest Kings that ever England had.   

RICHARD, 2d.  
Richard the 2d. Son to the black Prince of Wales, for having suffered himself to be misled by evil counsellors, to the great hurt and disquietness of the Realm, was deposed also, after 22. years' reign by a Parliament holden at London the year, 
Polyd. lib. 20. hist. Aug. 1399  1399. and condemned to perpetual Prison in the Castle of Pomfret, where he was soon after put to death: and in his place was by free Election chosen the noble Knight, Henry 
* Henry 4.  Duke of Lancaster, who proved afterwards so notable a King, as the world knoweth.   

HENRY, 6th.  
Henry 6th. after almost 40. years' reign, was deposed, imprisoned, and put to death also, 
Polyd. lib. 23. hist. Angl.  together with his Son the Prince of Wales, by Edward 4th. of the House of York: And this was confirmed by the 
* Specially of London.  Commons, and afterwards also by public Act of Parliament, because the said Henry did suffer himself to be overruled by the Queen his Wife, and had broken the Articles of Agreement made by the parliament between him and the Duke of York, and solemnly sworn on both sides the 8th. of Octob. 1459. (though otherwise for his particular life he were a good man) and King Edward 4th. was put in place, who was one of the renownedest for Martial Acts and Justice, that hath worn the English Crown.   

RICHARD, 3d.  
This man having left two Sons, his Brother Richard Duke of Gloucester put them to death, and being the next Heir Male, was authorised in the Crown, but Deposed again afterwards by the commonwealth, 
Anno 1487.  which called out of France, Henry Earl of Richmond, who took from him both life and Kingdom in the Field, and was King himself by the name of Henry 7. And no man, I suppose, will say, but that he was lawfully King also; which yet cannot be, except the other might lawfully be deposed.   

If the said Deprivations were unjust, the now Pretences are unlawful.  
Moreover is to be noted in all these Mutations what good hath succeeded therein to the commonwealth; which was unjust, and is void at this day, if the Changes and Deprivations of the former Princes could not be made, and consequently none of these that do pretend the Crown of England at this day, can have any Title at all for that from those men they discend, who were put in place of the deprived.   

If Kings established may be Deprived, much sooner Pretenders.  
And if this might be so in Kings lawfully set in Possession, then much more hath the said commonwealth power and authority to alter the succession of such as do pretend dignity, if there be due reason and causes to the same.    

Wherein consisteth principally the lawfulness of Proceedings against Princes, which in the former Chapter is mentioned: What interest Princes have in their Subjects Goods or Lives; How Oaths do bind or may be Broken by subjects towards Princes; And finally the difference between a good King and a Tyrant.  
CAP. IV.  
1. Objection against the Assertions in the last Chapter.  
BUt although by Nature the commonwealth hath authority over the Prince to choose and appoint him at the beginning; 
Du Belay. Apol. Cath. part 2. paragr. 9 & Apol pro Reg. cap. 9  yet having once made him, and given up all their authority unto him, he is no more subject to their correction; but remaineth absolute of himself. As every particular man hath authorised to make his Master or Prince of his inferior, but not afterwards to put him down again, howsoever he beareth himself towards him.  

2. Objection.  
When the Children of Israël, being under the Government of the High Priest, demanded a King of Samuel; he protesting unto them, 
1 Reg. 8.  Well, quoth he, you will have a King, harken then to this that I will say, Hoc erit jus Regis qui imperaturus est vobis; He shall take away from you your Children, both Sons and Daughters, your Fields and Vineyards, &c. and shall give them to his servants, and you shall cry unto God in that day from the face of this your King; and God shall not hear you, for that you have demanded a King to Govern over you.   

Assertions of Bellay.  
Yea Bellay, and some other that wrote in flattery of Princes in these our days, do not only affirm, That Princes are lawless and subject to no account or correction whatsoever they do; 
1. Bellay apol. part 2. parag. 7 & apol. pro Rege cap. 6. & 24. & 26.  But also, That all goods, chattels, possessions, and whatsoever else commodities temporal of the Common wealth, are properly the Kings, and that their Subjects have only the use thereof; so as when the King will, he may take it from them by right.  

Answer to Bellay his First Assertion.  
But for the first, 
1.  That Kings are subject to no Law, Is against the very Institution of a commonwealth, which is to live together in Justice and Order: for if it holdeth so, instead of Kings and Governors to defend us, we may set up public murderers, ravishers, thieves, and spoilers to devour us: Then were all those Kings before mentioned both of the Jews, 
2.  Gentiles, and Christians, unlawfully deprived, and their Successors unlawfully put up in their places; and consequently all Princes living at this day are intruders, and no lawful Princes.   

Answer to Bellay his Second Assertion.  
Of the second saying also, That all temporalities are properly the Princes, and that Subjects have only the use thereof, no less absurdities do follow: 
1.  First it is against the very first principle and foundation of the Civil Law, which at the first entrance maketh this division of Goods, That some are common by Nature to all men, as the Aër, the Sea, &c. Others are public to all of one city or country, but yet not common to all in general, as Rivers, Ports, &c. Some are of the community of a city or commonwealth, but yet not common to every particular person of that city, as common Rents, Theaters, the public house, and the like: Some are of none, nor properly of any man's Goods, as Churches and Sacred things: And some are proper to particular men, as those which every man possesseth of his own. 
2.  Besides it overthroweth the whole nature of a commonwealth, maketh all Subject to be but very slaves: for that slaves and bondmen in this do differ from freemen, 
Arist. lib. 1. pol. cap. 4. 5.  that slaves have only the use of things without property or interest, and cannot acquire or get to themselves any dominion or true right in any thing, 
3.  but it accrueth all to their Master. Lastly, If all Goods be properly the King's, why was Achab and Jezabel so reprehended and punished by God, 
3 Reg. 28.  for taking away Naboth's vineyard? Why do the Kings of England, France and Spain ask Money of their Subjects in parliament, and that termed by the names of Subsidies, Helps, Benevolences, Loans, priests, Contributions, & c? How have the parliament oftentimes denied them the same? Why are there Judges appointed for matter of Suits and Pleas between the Prince and the People? 
Cap. innovam. 10. de casibus, & cap. super quibusdam 26 §. de verborum. signif.  Why doth the Canon Law inhibit all Princes upon pain of Excommunication, to impose new Impositions upon their People without great necessity, and free Consent of the givers? Nay, why be all Princes at this day prohibited to alienate any thing of their own Crown without consent of their People, if they be Lords of all, and the People have interest in nothing?    

Answer to the Allegations out of the Prophet SAMUEL.  
Touching the words of Samuel, they are not to allow or authorise Injustice or Wickedness in any King. But to threaten the Jews with the disorders of Kings, for that they rejected the moderate Government of their High Priests, and had demanded as a matter of more Pomp and glory to be ruled by Kings, as other Heathen Nations about them were; which did suffer great extortions and tyrannies of their said Kings. For the principal points recorded to all Princes throughout the whole course of Scripture are, Diligere Judicium & Justitiam, apprehendere Disciplinam, & facere veritatem. And for not observing them, many Princes have been punished by God himself.   

By what Law Princes are punished.  
Now to know by what Law the commonwealths do punish their Kings; It is by all Law both Divine and human: Divine, for that God doth approve that form, conditions, and limitations which every commonwealth doth choose unto itself: human, for that all Law both natural, national, and positive doth teach us, That Princes are subject to Law and Order. And it is not so of a commonwealth, as it is of a private man, because a private man's voice being but one, doth not make the Prince wholly, as the commonwealth doth; Besides, having once given his voice, to make his Prince, he remaineth subject and inferior to the same: But the whole body superior, who giving his authority up to the Prince, doth not deprive herself of it, but may use it, when need shall require, for his own defence, for which he gave it.   

Where one of the Contractants breaketh, the other is no more bound.  
And then that power which the Prince hath from the commonwealth, is in very truth but potestas vicaria or delegata, given with such restrictions, cautels, conditions, and oaths on both parts (the Prince and the commonwealth) as if the same be not kept on either part, the other is not bound to observe his promise neither: And this is among the very rules of both the Civil and Canon Law; 
In Regulis utriusque Juris. Vide in finem sent. Decret. Reg. 75. 69.  Frustrà fidem sibi quis postulat servari ab eo, cui fidem à se praestitam servare recusat. And again, Non abstringitur quis juramento ad implendum quod juravit, si ab aliâ parte non impletur cujus respectu praebuit juramentum.   

In things evil promised, Oath bindeth not.  
Moreover, where the fulfilling of our Oath, doth contain any notable hurt, or inconvenience against Religion, piety, Justice, honesty, or the weal-public, or against the party himself to whom it was made; it is both lawful, honest, and convenient, to leave the performance thereof. As for example, In that Herod commanded St. John Baptists head to be cut off, 
Matth. 24.  which he did for his Oaths sake to the Daughter of Herodias; no man will deny but that the thing had been far better left unperformed, 
Reg. 68 in fine 6. Decret.  and the Oath better broken than fulfilled; according to another rule of the Law, In malis promissis fidem non expedit observari.   

Two principal Cases when Oaths hold not towards a Prince.  
So in these two Cases Subjects Oaths may be left unperformed towards the Prince; First, when the Prince observeth not at all his promise made to the commonwealth at his admission: And then, when the performing of their oath should turn to the notable damage of the weal-public.   

These Two Cases touched in the Deprivation of Childeric of France.  
These Two Cases were touched in the Deposition of Childeric, when the Bishop of Woitsburg, in the Name of all the nobility and commonwealth of France, 
Aemil. l. 2. hist. France. Belf. in vita Child. Gerard. lib. 3.  made this Speech to Zacharie the Pope, Truth it is that the French have sworn fidelity to Childeric, as to their natural King, but yet with Condition that he on his part should also perform the Points that are incident to his Office; as to defend the commonwealth, protect the Church of Christ, &c. which if he doth, the French are ready to continue their obedience and allegiance unto him; But if he be apt for none of these things, and nothing else may be expected whilst he is King, but detriment to the State, ignominy to the Nation, danger to Christian Religion, and destruction to the weal-public; Then it is lawful for you, no doubt (most holy Father) to deliver the French from this band of their Oath, &c.   

The difference between a King and a Tyrant.  
When a King declineth once from his duty, he becometh a Tyrant; 
Plato. Dial. 1. de Repub. Arist. lib. 2. Pol. cap. 3.  And as a good King's end and Office is to make happy his commonwealth; so the Butt of a Tyrant is to destroy the same: A King ruleth according to equity, oath, conscience, justice, and law prescribed unto him; and a Tyrant is enemy to all these conditions: 
Cic. lib 3. de Legibus.  Vt populo Magistratus, ità Magistratui praesunt leges, saith Cicero, Theodosius, and Valentinianus, two worthy Emperors; 
Cod. l. 1. Tit. 14. §. digna.  Digna vox est (said they) Majestate Regnantis legibus se alligatum fateri: But the Tyrant Caligula is justly detested, 
Suet. cap. 23. in Caligula.  who said, Memento mihi omnia, & in omnes licere. And the Emperor Trajan certainly is to be immortally commended, who delivering the Sword to a Praetor, 
Zon. Tom. 2. in Trajan.  or Governor in Rome, Take this Sword (said he) and if I do reign justly, use it for me; and if not, then use it against me. 
The Occasion of the next Chapter.  Which in effect and substance are the same words that our Christian Princes use at this day at their entrance when they promise to rule justly, and according to the Laws of their Country, and upon that Condition take the Oaths of their Subjects Obedience, Protesting, That if they perform not this, that then their Subjects are free, as before, from all allegiance.    

Of the Coronation of Princes and manner of their Admission to their authority, and the Oaths which they do make in the same unto the commonwealth, for their good Government.  
CAP. V.  
Since the People made the Prince, it is likely he did it with Conditions for his own good.  
FOrasmuch as not Nature, but the Election and Consent of the People hath made the first Princes from the beginning of the world; It appeareth most certain and conform to all reason, That they were not admitted to that Power and Dignity without some Conditions and Promises also on their parts, for using it well; because it is not likely that any people would ever put their lives, goods, and liberties in the hands of another, without some assurance of justice and equity: And hereof came to pass that both the Romans and Greecians prescribed to their Kings those limits before mentioned.  

More Religiously observed among Christians, than other Nations.  
And the more orderly the Prince cometh to his Crown, the more express and certain are their Conditions between him and the People; As on the other side, the more violent he getteth his authority; as those ancient Tyrants of Assyria, Nemrod and Belus did, and at this day is done among the Turks, the less Conditions of just dealing may be expected: Therefore among the Christians this point of Mutual Oaths between Prince and Subjects, hath been much more established, made clear, and reduced to a more sacred and Religious kind of Union, than before: for that the whole action hath been done by Bishops and prelates, and the astipulation on both sides, hath passed and been registered in sacred places, and with great solemnity of Religious Ceremonies.   

The manner of Admitting Greek Emperors.  
Anastatius.  
The East, or Greek Emperors of Constantinople (after the Empire was translated from Rome thither by Constantine the great, first Christian Emperor) though their coming to the Crown were nothing so orderly, as at this day it is used; yet they were wont, above a thousand years agone, to have an Oath exacted at their hands by the Patriarch of Constantinople. 
Zon. come. 3. Annal. in vita Anast.  As of Anastatius the first, writeth Zonaras, Antequam coronaretur, inquit, fidei confessionem scriptam, quâ polliceatur se in dogmatibus Ecclesiasticis nihil esse novaturum, 
Niceph. l. ib. cap. 29. Evagr. l. 2. c. 3  ab eo exegit Patriarcha Euphemius vir Sanctus & Orthodoxus. And divers other Conditions also did he promise, before he could be Crowned, as the taking away of some Tributes, the giving of Offices without Money, and other like points appertainting to reformation and good government.   

Michaël.  
Of Michael the first, writeth the same Author in these words, 
Zon Tom. 3 in vita Michaelis. Anno 820.  Michaël ubi diluxit, magnam Ecclesiam ingressus, à Patriarcha Nicephoro Imperatorio diademate est ornatus, postulato priùs scripto quo promitteret, se nulla Ecclesiae instituta violaturum, neque Christianorum sanguine manus contaminaturum.   

The Latin Emperors.  
Otho. 1.  
In the West Empire (given to Charles the great and his posterity) this Point is yet more settled, and more inviolably kept: For albeit it went by succession for the most part at the beginning, yet were they never admitted to the same without this circumstance of swearing to Conditions of righteous Government: As Otho 1. who being Son and Heir to Emperor Henry 1. Duke of Saxony, surnamed the falconer, and named by him to the inheritance of the said Crown of Germany, did nevertheless make his Oath, and received his new approbation of the People: for the Archbishop of Moguntia (chief Primate of all Germany) bringing him to the Altar where he must swear, said these words unto the people, Behold, I bring you here Otho, chosen by God, and appointed out by his Father Henry our Lord, 
Anno 940.  and now made King by all the Princes of this Empire; 
Witichindus gest. Saxon. lib. 1.  if this Election please you, do you signify the same by holding up your hands to heaven. Which being done, he thereupon took the Ornaments and Ensigns of the Empire, and put them upon the Emperor, telling him the signification of each thing, and what it did bind him unto, and taking his promise to perform all. And after all, includeth the story, Rex perfusus oleo Sancto, coronatur Diademate aureo ab Episcopis, & ab eisdem ad solium Regale ducitur, & in eo collocatur.   

Institution and manner of the Emperor's Creation, used at this day.  
In the year 996. Pope Grerory 5. in a Synod holden in Rome, did by the consent of Otho 3. Emperor and Nephew unto this other Otho, appoint this form of Election for the time to come of the German Emperors, That he should be chosen by six Princes of Germany; Three Ecclesiastical, which are the Archbishops of Moguntia, Colen, and Trevires; and Three Temporal, 
Blend. Decad. 2. lib. 3. Crant. l. 4. c. 25  to wit, the Duke of Saxony, the Count Palatine of the Rhine, and the Marquess of Brandeburge: and when these six voices should happen to be equally divided, that then the Duke of Bohemia (for then it was no Kingdom) should have place also to determine the Election: which was approved by all the Princes of Germany, and other Christian Princes and Estates of the world. 
Sleydan lib. 1. hist.  And Sleydan writeth the manner and conditions of the said Election to be these▪ First of all, that after any man is chosen Emperor, 
Anno 1519.  he is to be called only Caesar, and the King of the Romans, and not Emperor until he be Crowned; and presently after his Election, he sweareth these Conditions, To defend the Christian and Catholic Religion; to defend the Pope and Church of Rome, whose Advocate he is; to minister justice equally to all; to follow peace, to keep all Laws, rights and privileges of the Empire; not to alienate or engage the Possessions of the Empire; to condemn no man without hearing his Cause, but to suffer the course of law to have his place; In all and whatsoever he shall do otherwise, that it be void, and of no validity at all. Whereunto he sweareth first by his Legates, and then giveth a copy of his Oath in writing to every one of the six Electors, and after this goeth to the city of Aquis-gran to be Crowned in the great Church, where, about the middle of the Mass, the Archbishop of Colen goeth unto him in the presence of all the People, and asketh Whether he be ready to swear and promise to observe the Catholic Religion, defend the Church, minister justice, protect the widows and Fatherless, and yield dutiful honour and obedience to the Pope of Rome. Whereunto he answering, That he is ready to do all this; the Archbishop leadeth him to the high Altar, where he sweareth in express all these Articles; which being done, the said Archbishop turning himself to the Princes of the Empire and People there present, doth ask them, Whether they be content to swear Obedience and fealty unto him, who answering, Yea; he is anointed by the said Archbishop before the Altar; and than do come the other two Archbishops of Moguntia and Treveris, and lead him into the vestry, where certain Deacons apparel him in his robes, and do set him in a Chair, upon whom the Archbishop of Colen saith certain Prayers, and then delivereth him a Sword drawn, and putteth a Ring upon his finger, and giveth him a sceptre in his hand, and then all the three Archbishops together do put on the Crown upon his head, and leading him so Crowned and Apparelled unto the high Altar again, he sweareth the second time, That he will do the part of a good Christian and Catholic Emperor. Which being ended, he is brought back and placed in the Imperial Seat and Throne, where all the Princes of the Empire do swear Obedience and Faith unto him, beginning with the Electors, and so to all the rest in order. And it is to be marked, That the Emperor sweareth three times, once by his Deputies, and twice by himself, before his subjects swear once unto him.   

The manner used in Polonia.  
In Polonia, which being first a Dukedom, was made a Kingdom about the year 1000, the manner of the Coronation of their Kings, is in substance the same, as that of the Emperor: for the Archbishop of Guesna, Metropolitan of all Polonia, declareth to the King before the high Altar, the End and Condition of his Office and dignity, unto what Points he must Swear, and what do signify the Sword, the Ring, the sceptre, and the Crown: And the King's Oath thereupon being taken, the Marshal General of the whole Kingdom, doth ask with a loud voice of all the nobility and People there present, Whether they be content to submit themselves unto this King, or no? Who answering, Yea; the Archbishop doth end the residue of the Ceremonies, and doth place him in the Royal Throne, where all his Subjects do Homage unto him.   

The manner used in Spain before the entering of the Moors.  
Sisinandus.  
When Spain remained yet one General monarchy under the Goths, before the entering of the Moors, Sissinandus (who had expelled King Suintila for his cruel Government) in the Fourth National Council of Toledo, 
Ambros Mor. lib. 11. cap. 17. hist. Hisp. praef. ejusdem Concilii.  holden the year 633. prayed with submission the prelates there gathered together, to determine that which should be needful for the maintaining both of Religion and State: and so after matters of Religion▪ 
Conc. Tol. 4. cap. 74.  they first confirm the Deposition of King Suintila, together with his Wife, Brother, and Children; and then authorise the Title of Sissinandus: but yet with this insinuation; We do require you that are our present King, and all other our Princes that shall follow hereafter with the humility which is meek and moderate towards your Subjects, 
Cap. 74.  and that you Govern your People in Justice and piety, and that none of you do give sentence alone against any man in case of Life and Death, but with the consent of your public Council, and with those that be Governors in matters of judgement: And against all Kings that are to come, we do promulgate this sentence, That if any of them shall against the reverence of our Laws▪ exercise cruel authority with proud domination and kingly pomp, following only their own concupiscence in wickedness, that they are condemned by Christ with the sentence of Excommunication, and have their separation both from him and us to everlasting judgement.   

Chintilla.  
Sissinandus being dead, one Chintilla was made King in his place; under whom were gathered two other Councils, the 5th. and 6th. of Toledo, in which matters were determined about the Succession to the Crown, 
Conc. 5. c. 2, 3, 4, 5. & Con. 6. cap. 16, 17, 18.  safety of the Prince, Provision for his Children, Friends, Officers, and favourites after his death, against such, as without the approbation of the commonwealth, did aspire to the same. And among other Points a severe Decree was made in the 6th. Council, concerning the King's Oath at his admission, 
Conc. Tol. 6. cap. 9  That he should not be placed in the Royal seat, until among other Conditions he had promised by the Sacrament of an Oath, That he would suffer no man to break the Catholic Faith, &c.   

After the entering of the Moors.  
Don Pelago.  
After the coming in of the Moors, one Don Pelago, a young Prince of the Royal Blood of the Goths being fled among the rest to the Mountains, was found and made King; and having began the recovery of Spain, 
Amb. Morales lib. 13. cap. 2.  by the getting of Leön, left a certain Law written in the goatish tongue touching the manner of making their King in Spain, and how he must Swear to their Liberties and privileges: whereof the first Article saith, Before all things it is established for a Law, liberty, and privilege of Spain, That the King is to be placed by Voices, and Consent perpetually; and this to the intent no evil King may enter without consent of the People, seeing they are to give to him that which with their blood and labours they have gained of the Moors. For the fashion of making their Kings in that old time, it remaineth still in substance at this day, but the manner thereof is somewhat altered; for now the Spanish Kings be not Crowned, but have another ceremony for their admission equal to Coronation, which is performed by the Archbishop of Toledo, Primate of all Spain.   

Manner used in France.  
Two Manners thereof.  
In France have been two manners used of that Action; the one more ancient hath endured 600. years, from Clodoveus, (that was christened, and Anointed also and Crowned at Rheims by S. Remigius) unto the time of Henry 1. and Philip 1. his Son, before the 12. Peers of France were appointed to assist the Coronation, 
Lib. 3. de lib. estate. fol. 238.  which now is the chiefest part of that solemnity. In the old fashion, as saith du Haillan, the Kings were lifted up and carried about upon a Target by the chief Subjects there present, according to the manner of the Spaniards. But for the substance of the admission it was not much different from that which is now.   

The Old Manner.  
Philip, 1.  
For example, 
Belf. hist. Fran. lib. 3. c. 20. in vita Phil. 1.  the Coronation of Philip 1. Henry 1. his father desiring for his old age to establish him in the Crown before his death, did ask the consent and approbation both generally, and in particular of the Nobility and People, for his admission: Whom finding all willing, he brought him to Rheims, where in the great Church, the Mass being began, upon the reading of the Epistle, 
Memoures du Fillet c. du Sacre des Roys.  the Archbishop turning about the Prince, declared unto him what was the Catholic Faith, and asked him, Whether he did believe it, and would defend it against all persons; who affirming that he would, his Oath was brought unto him, whereunto he must Swear; which he took, and holding his hands between the hands of the Archbishop, read it with a loud voice, and signed it with his own hand: The substance of the Oath was, That he would preserve unto the clergy all Canonical privileges, and all Law and Justice unto them; as every King was bound to do; and furthermore administer Justice unto all People given him in charge. Then the Archbishop taking his Cross, after he had showed unto all the audience the authority that the Archbishop of Rheims had to anoint and Crown the King of France, and asked licence of King Henry the Father, 
Belf. l. 3. c. 20.  Il esleut Philippe son fili pour & en Roy de France? Which the Pope's legates, and the Nobility, and People did approve, crying out three times, Nous l'approwons, nous le voalons, soit fait nôtre Roy.   

Institution of the newest Manner.  
This Manner was altered specially by 
* Nephew to Philip 1.  Lovysle Jeune, who, leaving still the substance of the action, added thereunto divers external Ceremonies of honour and majesty; and amongst other ordained the offices of Twelve Peers of France, Six Ecclesiastical, and Six Temporal; who ever since have had the chiefest Places and Offices in this great action.  
First,  
THe Archbishop and Duke of Rheims anointeth and Crowneth the King.  
The Bishop and Duke of Laon, beareth the Glass of Sacred oil.  
The Bishop and Duke of Langres, the Cross.  
The Bishop and Earl of Beauvais, the Mantle Royal.  
The Bishop and Earl of Koyon, the King's Girdle.  
The Bishop and Earl of chaalon's, the Ring.  
The Duke of Burgundy, Dean of the Order, holdeth the Crown.  
The Duke of gascony and Guyenne, the First Banner quartered.  
The Duke of Normandy, the Second Banner quartered.  
The Earl of Tholosa, the Golden Spurs.  
The Earl of Champanie, the Banner Royal, or Standard of War.  
The Earl of Flanders, the Sword Royal.  
And this day the King is apparelled three times, and in several sorts; 1. As a Priest; 2. As a King, and a warrior; 3. As a Judge.   

Philip, 2d.  
This day Lewis, specially for the Coronation of his Son Philip Agustus, 
Anno 1179.  whom he caused also to be Crowned in his days: 
Belf. in vita Augusti.  In this Coronation (whereunto Henry 2. of England, as Duke of Normandy, who held the Crown, and one of his Sons, as Duke of gascony, were present) the King being summoned by the Archbishop to keep all privileges of the Church, Law and Justice; answered, I do promise and avow to every one of you, and to every Church to you committed, That I will keep and maintain all Canonical privileges, law and justice due to every man, to the uttermost of my power, and by God's help shall defend you as a good King is bound to do in his Realm. And then laying his hands upon the Gospel, made his Oath, in these words, Au nom de Jesus Christ, re jure & promets au peuple Chrestien à moy Subject ces choses, &c. First that all my subjects be kept in the union of the Church, and I will defend them from all excess, rapine, extortion, and iniquity; Secondly, I will take order that in all judgement's justice shall be kept with equity and mercy, to the end that God of his mercy may conserve unto me with yo● my people, his holy grace and mercy; Thirdly, I shall endeavour as much as possibly shall lie in me, To chase and drive out of my Realm, and all my Dominions, all such as the Church hath or shall declare for heretics, as God shall help me and his holy Gospels: Then he kissed the Gospels, and after Te Deum sung, and other particular Prayers said by the Archbishop, he was Vested, and the Ring, sceptre, Crown, &c. were put upon him, with declaration what they signified: After all that the Archbishop and Bishops did bless him; and then by the said Archbishop, and the other Peers, was led unto the Seat Royal, where the Crown was put upon his head, &c.   

France Author of this manner of Coronation.  
Albeit the substance of the ceremony of Sacring and Anointing Kings be much elder than the Christian Kingdom of France; yet is this particular and Majestical manner of doing it by way of Coronation, the most ancient in France above all other Kingdoms, round about: And it is probable that most of them have taken their forms of anointing and Crowning from her, for the affinity and likeness of the one to the other: 
Estev. Garibay lib. 22. c. 1.  as may be seen by that of Germany and Polonia before recited; by that of Navarra, brought in by certain Earls of Champanie, according to the use of France; and others: But among all, England seemeth to have taken it most particularly from them, not only for that divers English Kings have come out of France, but also for that in very deed the thing itself is all one in both Nations.   

The Manner of Admission in England.  
First, As the Archbishop of Rheims doth this Ceremony in France, so in England the Archbishop of Canterbury; And the first thing the said Archbishop requireth at the King's hands, is about Religion, Church matters, and the clergy; whereupon the King sweareth, and giveth up his Oath in writing, 
Holinsh. in his Chron. page 476 & 1005.  which he layeth down with his own hands upon the Altar: the words are these; That he will, during his life, have reverence and honour unto almighty God, and to his Catholic Church, and unto his Ministers, and that he will administer Law and Justice equally to all, and take away all unjust Laws. Which after he hath sworn, the Archbishop turning about to the People, declareth what the King hath promised, and asketh, Whether they be content to submit themselves unto this man as unto their King or no, under the Conditions proposed? Whereunto having yielded, he puts upon him the Royal Ornaments, as the Sword, the Ring, the sceptre, and Crown; and namely he giveth him the sceptre of St. Edward the Confessor, and then addeth this exhortation, Stand and hold thy place, and Keep thy Oath; with a great commination on the behalf of almighty God, if he taketh the place, and breaketh his Oath.   

Henry, 4th.  
In the admission of Henry 4. 
Stow in vira Richard 2. in fine.  the People were demanded thrice, Whether they were content to admit him for their King? And the Archbishop of Canterbury having read unto them what this new King was bound by Oath unto, 
13. Oct. 1359.  he took the Ring, wherewith to wed him to the commonwealth, (which wedding importeth a mutual Obligation) which was showed to the People by the High Constable, and then put upon the King's finger, who kissed the Constable in sign of acceptance, &c.   

Edward, 4th.  

Edw. 6th.  
Mary.  
Elisab.   
In the admission of Edward 4th. the people's Consent was asked at two several times very solemnly, 
Stow in vita H. 6. pag. 709.  notwithstanding that he had proved his Title by Succession before in Parliament. And in the Coronation of Edward 6. Queen Mary, and Queen Elisabeth's, the people's consent and their acceptation was not only demanded, but the Prince's corporal oath also taken upon the Evangelists.    

What is due to only Succession by Birth, and what interest or right an Heir apparent hath to the Crown, before he be Crowned or Admitted by the commonwealth; and how justly he may be put back, if he have not the other parts requisite also.  
CAP. VI.  
Belloy's Assertions upon this Matter. Assertion, First.  
BElloy's Assertions about this matter are plain and gross flatteries, 
Written (as it is thought) in the favour of the King of Navarra. Bell. Apol. Bell. Apol. cath. par. 2. §. 7.  and opposite to all reason of State, and practise of the World. First he saith. That all Families which enjoy Kingdoms in the world were placed therein by God only, and that he alone can change the same. Which indeed if he refer unto God's universal providence, it is true that all is from God either by his Ordinance or permission; but speaking of the next and immediate causes; clear it is that men do also concur therein, and that God hath left them lawful authority so to do for the public benefit.  

Assertion, Second.  
His Second Assertion is, That where such Princes be once placed in Government, and the Law of Succession by Birth established, 
Apol. cath. par. 1. §. 7.  there the Prince's Children, or next of kin, do necessarily succeed, by only Birth, without any new choice or approbation of the People, nobility, or clergy, or of the whole commonwealth together.   

Assertion, Third.  
Whereunto he joineth, That a King never dieth, for that whensoever, 
Apol. pro. Rege. c. 6. &. 34.  or howsoever, he ceaseth by any means to Govern, than entereth the Successor by Birth, not as Heir to the former, but as lawful Governor of the Realm, without any admission at all, having his authority only by the condition of his Birth, and not by adoption or choice of any.   

Assertion, Fourth.  
The Fourth which hath been touched before, is, That a Prince once entered to Government, 
Apol. cath. par. 2. §. 7.  and so placed, 
Et pro Rege Cap. 9  as hath been said, is under no Law or Restraint at all of his authority, but that himself only is the quiek and living Law, and that no limitation can be given unto him by any power under heaven, except it be by his own will, and that no Nation or commonwealth can appoint or prescribe how they will Obey, or how their Prince shall Govern them; but must leave his authority free from all bands of Law; and this either willingly, or by violence, is to be procured.   

Assertion, Fifth.  
The Fifth, That albeit the Heir apparent which is next by Birth to any Crown, 
Apol. pro. Rege cap. 20.  should be never so impotent, or unfit to Govern; as if (for examples sake) he should be deprived of his Senses, mad, Furious, lunatic, a Fool, or the like; or that he should be known on the other side to be most Malicious, Wicked, vicious, or abominable, or should degenerate into a very Beast; yea if it were known that he should go about to destroy the commonwealth, and drown the Ship which he had to guide; yet (saith this man) he must be Sacred and holy unto us, and admitted without contradiction to his inheritance, which God and Nature hath laid upon him, and his direction, restraint, or punishment must only be remitted to God alone, for that no man, or commonwealth, may reform, or restrain him.   

Succession by Birth, better than mere Election.  
Indeed Succession is much to be preferred to Election, for that, as hath been showed before of the Government of a monarchy in respect of other Forms, Succession hath commonly far fewer, and lesser inconveniences.  

Reason, First.  
First, Election is subject to great and continual dangers of Ambition, Emulation, Division, Sedition, and Contention, which bring with them evident peril of universal destruction; whereas by Succession these occasions of strife are cut off.   

Reason, Second.  
Besides, The Prince is in present possession, knowing that his Son, or next of kin, is to be his Heir, hath more care to leave the Realm in good order.   

Reason, Third.  
Succession also bringeth less Mutations in the commonwealth; for that the Son following his Father, doth commonly retain the same Friends, Counsellors, and Servants; pursueth the same actions and intentions, and for the most part with the same manner; whereas he which entereth by Election, being an Alien, and never likely friend to his predecessor, doth alter and turn up-side-down all things.   

Reason, Fourth.  
Fourthly, He that cometh by Succession, having been much respected still for his Title to the Crown, bringeth with him less Passions of Hatred, Emulation, Anger, envy, or Revenge against particular men, than he that entreth by Election, who having been equal to others before his advancement, and holden contention with many, must needs have matter of quarrel with them; which he will seek to revenge when he is in authority: and they on the other side will bear him less respect, and more unwillingly be under him.   

Reason, Fifth.  
Whereunto may be added the preeminence and privilege of Premogeniture and ancestry of Birth so much respected and commanded by holy writ; 
Gen. 15. & 49.  so that although Jacob were ordained by God to inherit the Benediction, 
Deut. 21. & 15  yet would God have him to procure the said privilege of Eldership from Esau his elder Brother. 
2 Paral. 21. & 3.  Wherein may also be noted, 
Exod. 3. & 2.  That yet this privilege is not so inviolable, 
Rom. 9 & 13.  but that upon just causes it may be broken: 
Gen. 28. & 27.  and so in matters of State it was often practised by God himself; as when Juda, the 4th Tribe, and not Reuben the first, was appointed to enjoy the sceptre of the Jews; and when Solomon tenth Son of David was appointed to be his Successor, not his first or second.    

Election and Succession do help one another.  
And so, where in Succession, there are inconveniencies, as some be or may fall, the remedy is, First to assist the Prince with Directions, and wise Counsel, if he be capable thereunto; if not to remove him, and take in another of the same Blood, in his place. And by this means Election and Succession do help and moderate one another, and remedy one another's inconveniencies.   

Answer to the first Question propounded at the beginning.  
Now to the first Question made at the beginning of this Chapter, What is due to Succession or priority of Blood alone? Great honour and respect is to be born unto the same, for that it is the principal Condition that leadeth infallibly to the next Succession of the Crown; If in the same Person do concur also other necessary circumstances and conditions, which were appointed at the same time, and by the same authority that the Law of Succession was established.   

Answer to the Second.  
To the Second, What Interest an Heir apparent hath to the Crown before he be Crowned; If he have the Conditions before required, he hath the same Interest to the Kingdom, which the King of the Romans, or Caesar hath to the German Empire after his Election; who yet is not Emperor before he be Crowned. Or as in a Contract of Marriage there is Betrothing made between the parties by words de futuro, and is not properly Marriage, but espousal only; and the Wedding, made by words de praesenti, or by mutual present consent of both Parties. So an Heir apparent, before he be Crowned and admitted, is but Betrothed to the Common▪ wealth for the time to come; and is married afterwards by present mutual Consent and Oaths of both Parties.   

What Respect is due to an Heir Apparent.  
Wherefore the commonwealth in rigor of Justice oweth no allegiance to the Heir apparent (though his Predecessor be dead) until he be Crowned; because indeed till then he is not their true King and Sovereign; else it were in vain to ask the Realm again three times at their Coronation, 
Ger. du Haillan lib. 3. de l'Estat. p. 241.  Whether they will have such a King or no? And in the old time they were accustomed to reckon the years of their reign only from the day of their Coronation.  
But in the latter ages, for avoiding of Tumults, and better keeping of Order, it hath been ordained, That from the death of the former Princes all matters of Government shall pass in the Name of his next Successor. And for better account of years, That the beginning of his Reign should be reckoned from the day of the Death of his Predecessor.   

A Rare Example of HENRY the Fifth, who had fealty done unto Him before He was Crowned.  
Again, By that in all Countries the Subjects take their Oaths only after the Princes hath Sworn, it appeareth that before they were not bound unto him by allegiance. And for the Princes of England, it is expressly noted by English Historiographers, That no allegiance is due unto them before they be Crowned; 
Polyd. lib. 22. hist. Angl. in vita Henr. 5. Stow in the beginning of the life of K. Henry 5.  and that this privilege happened only to Henry the Fifth, for his exceeding towardliness, and for the great affection of the People towards him; to have Homage done unto him before his Coronation and Oath taken. Which, both Polydore and Stow do affirm never to have been offered before to any Prince of England.   

Admission is of more importance, and hath prevailed against Right of succession.  
Whence it is gathered, That the Title of Succession without the Admission of the commonwealth, cannot make a lawful King: and that of the two, the second is of far more importance; which may be proved by many examples: As of William Rufus that Succeeded the Conqueror; King Henry the first his Brother: King Stephen's, King John's, and others, who by only Admission of the Realm, were Kings against the Order of Succession. 
Sir Tho. Moor and Stow.  Henry and Edward the 4th. did found the best part, and most surest of their Titles and the defence thereof, upon the Election, Consent, and good will of the People. And for this cause the most politic Princes, that had any least suspicion of Troubles about the Title after their deaths, 
Du Hail. l. 6. H. Anno 1001 Anno 1032.  have caused their Sons to be Crowned in their own days. As Hugh Capetus Robert his eldest Son, and Robert Henry the first his second Son, excluding his elder. Henry also procured the same to Philip the first his eldest Son: 
Anno 1061.  And Lovys le Gros unto two Sons of his, first to Philip, 
Anno 1131  and after his death to Lovys the younger: And this Lovys again unto Philip 2. his Son. The Prince of Spain is Sworn always and admitted by the Realm during his Father's 
Anno 1180.  Reign. The same Consideration also moved King David to Crown his Son Solomon in his own days. 
3 Reg. 1.  And in England King Henry 2. considering the alteration that the Realm had made in admitting King Stephen before him, against the Order of Lineal Succession, 
Pol. & Stow in vita Hen. 2. Anno 1170  and fearing that the like might happen also after him, caused his eldest Son Henry the third to be Crowned in his life time; So as England had two Kings Henry's living at one time with equal authority.    

How the next in succession by propinquity of Blood, hath oftentimes been put back by the commonwealth, and others further off admitted in their Places, even in these Kingdoms where Succession prevaileth; with many Examples of the Kingdoms of Israël and Spain.  
CAP. VII.  
Examples of the Jews.  

SAUL.  
David Elected to the prejudice of Saul's Sons.  
ALbeit God made Saul a true and lawful King over the Jews, and consequently also gave him all kingly Prerogatives; whereof one Principle is, To have his Children succeed after him in the Crown: yet he suffered not any of his Generation to succeed him, but elected David, who was a stranger by birth, and no kin at all to the deceased King, Rejecting thereby from the Crown, not only Isboseth, 
2 Reg. 2. & 22.  Saul's elder Son, though followed for a time by Abner Capt. General of that Nation, with eleven Tribes; but also Jonathan his other Son, who was so good a man, and so much praised in holy Scripture. Whereby it is evident that the fault of the Father may prejudicate the Son's Right to the Crown, albeit the Son have no part in the fault.   

DAVID.  
Solomon, to the prejudice of Adonias, and his Brethren.  
David being placed in the Crown by Election, free Consent, 
2 Reg. 2. & 5.  and Admission of the People of Israël (though by motion and direction of God himself) no man will deny, but that he had given him all kingly privileges and Regalities, as among other the Scripture testifieth that it was assured him by God, 
Psal. 131.  That his Seed should Reign after him; yea, and that for ever: Yet this was not performed to any of his elder Sons, 
2 Paral. 6. 3 Reg. 1.  but only to Solomon, his younger and tenth Son, who by the means and persuasions of Queen Bersabé his Mother, and Nathan the Prophet, was chosen and made King by his Father, to the prejudice of his elder, Adonias, and the rest of his Brethren: 
* Which though it seemeth to be wrought by human means and policy, yet was it principally by the special instinct of God himself.  Whereby we are taught that these, and like determinations of the People, Magistrates, and commonwealths, when their designments are to good ends, and for just respects and causes, are allowed also by God, and oftentimes are his own special drifts and dispensations, though they seem to come from man.   

Jeroboam to the prejudice of Roboam, Solomon's Son and Heir.  
After Solomon's death, Rehoboam his Son and Heir coming to Sichem, where all the people of Israël were gathered, for his Admission; and having refused to yield to certain Conditions for taking away of some hard and heavy Impositions laid upon them by Solomon his Father, which the People had proposed unto him; ten Tribes of the twelve refused to admit him for their King, 
3 Reg. 12.  but chose one Jeroboam his Servant, a mere stranger, and of poor Parentage, and God allowed thereof for the Sins of Solomon, leaving Rehoboam over two Tribes, and Jeroboam over ten.   

God's dealing in his commonwealth, a precedent for all others.  
Although we may say that in the Jewish commonwealth God almighty did deal and dispose of things against the ordinary course of man's Law, as best liked himself, whose Will is more than Law, and is to be limited by no Rule or Law of man; and therefore that these Examples are not properly the act of a commonwealth, as our Question demandeth; yet are they well brought in, because they may give light to all the rest. For if God permitted and allowed this in his own commonwealth, that was to be the Example and Pattern of all others: no doubt but he approveth also the same in other Realms, when just occasions are offered, either for his service, the good of the People and Realm, or else for punishment of the sins and wickedness of some Princes.   

Examples of SPAIN.  
Four Races of Spanish Kings.  
Spain, since the expulsion of the Romans, hath had Three or Four Races of Kings. 
Ambr. Morales l. 11. hist. c. 12.  The first is from the Goths, which began to reign about the year 416, and endured by the space of 300. years, until Spain was lost to the Moors; And to them the Spaniard referreth all his old Nobility. The second from Don Pelago, who after the Invasion of the Moors, was chosen King of Austurias about the year 717. 
Ambr. Morales lib. 3. cap. 2.  and his Race continued adding Kingdom to Kingdom for the space of 300. years, until the year 1034. The third, from Don Sancho Mayor, King of Navarra, 
Moral. lib. 37. cap. 42, 43, 44.  who having gotten into his Power the Earldoms of Arragon and Castilia, made them Kingdoms, and divided them among his Children; And Don Fernando, his second Son, King of Castilia, surnamed afterward the Great, by marrying of the Sister of Don Dermudo, King of Leon and Asturias, joined all those Kingdoms together; and this Race endured for 500 years, until the year 1549; 
Garibay lib. 20 cap. 1.  When, for the Fourth, the House of Austria came in by Marriage of the Daughter and Heir of Don Ferdinando, surnamed the Catholic; which endureth until this day.   

The First Race.  
For the First Race, 
Concil. Tol. 5. cap. 5.  because it had express Election joined with Succession, 
Concil. Tol. 4. cap. 74.  as by the Councils of Toledo it appeareth, it can yield no valuable examples for this place.   

The Second Race.  
Don Alonso, to the prejudice of Don Favila his Children.  
In the Second, Though the Law of Succession by propinquity of Blood, 
Episc. Tuyens lib. 1. hist. Lud. de Molin lib. du Hared.  was established; yet many examples do testify, That the next in Blood was oftentimes put back by the commonwealth upon just causes. Don Pelago's Son 
* Favila. Amb. Mor. l. 23 cap. 6. 9 & 10. Sebast. Episc. Salam. in hist. Hisp.  being dead after two years' Reign only, none of his Children, though he left divers, were admitted, (because they were young, and unable to Govern) But Don Alonso the Catholic, his Son in Law, who for his valiant acts was surnamed the Great.   

Don Aurelio, and Don Silo, to the prejudice of Don Fruela and his Children.  
To Don Alonso succeeded his Son Don Fruela, who was first a noble King; But for that he declined to tyranny, and put to death wrongfully his own Brother Don Vimerano, rarely beloved of the Spaniards, he was himself put to death by them. 
Anno 768. Moral. lib. 13. cap. 17.  And albeit he left two goodly lawful Children, yet in hatred of the Father, neither of them was admitted by the Realm to succeed him; but his cousin German Don Aurelio, brother's Son to Don Alonso the Catholic, 
Moral. cap. 21.  who after six years' Reign dying without issue, a brother in Law of his named Don Silo was admitted.   

Don Vermudo, to the prejudice of Don Alonso the Chaste; who nevertheless comes in again afterwards very happily.  
This Don Silo being also dead without issue, and the Spaniards anger against Don Fruela being now well assuaged, they admitted his aforesaid Son Don Alonso the younger, surnamed the Chaste; though his Reign for this time endured very little; being put out by a bastard Uncle of his Don Aluregado, with help of the Moors; who after six years' Reign dying also without issue, the matter came in deliberation again, Whether Don Alonso the Chaste, that lived hidden in a monastery, should be admitted again, or rather his cousin German Don Vermudo, Son to his Uncle the Prince Vimerano, (whom his Father had slain) The Realm determined Don 
* Who was of the Ecclesiastical Order, having been made Deacon.  Vermudo, though he were much farther off by Propinquity of Blood; for that he was judged for the more valiant and able Prince, than the other, who seemed to be made more acquainted with the life of Monks, than of a King: Neither do the Historiographers of Spain reprehend this Fact of the Realm. But King Vermudo, after three years' Reign, being weary of a Kingly life, and feeling some scruple of Conscience that he had forsaken the life Ecclesiastical, 
Mor. cap. 21. & 29.  he Resigned willingly the Government unto his said cousin Don Alonso the chaste, 
Anno 791.  who after all his affliction, having been deprived four times, Reigned yet 51. years, and proved the most valiant and excellent King that ever that Nation had, both for his valour and other virtuous deeds; and had great friendship with King Charles the Great of France, who lived in that time.   

Don Fruela, to the prejudice of Don Ordonio's Children.  
Don Ordonio the Second dying, 
Anno 924.  left four Sons and one Daughter, and yet the State of Spain displaced them all, and gave their Kingdom to their Uncle Don Fruela, second Brother to their Father; 
Mor. lib. ib. c. 1  And Morales saith, That there appeareth no other reason hereof, 
Anno 924.  but only for that these Sons of the King deceased were young, and not so apt to Govern well the Realm as their Uncle was, [And this notwithstanding that the said Morales writeth, That at that time and before, the Law of Succession by propinquity of Blood, was so strongly confirmed, that the Kingdom of Spain was made an inheritance so intayled and tied only to the next in Blood as there was no possibility to alter the same.]   

Don Alonso 4th. Son to Ordonio, to the prejudice of Don Fruela his Children: And Don Ramiro, to the prejudice of the Children of Don Alonso.  
And after a years Reign, this King Fruela being dead, and having left divers Children at man's state, they were all put by the Crown, and the eldest Son of the aforesaid Don Ordonio the second, named Don Alonso the fourth, was chosen for King: Who leaving afterward his Kingdom, and betaking himself to a Religious habit, offered to the commonwealth of Spain his eldest Son, named Don Ordonio, to be their King; but they refused him, and took his Brother, Uncle to the young Prince, 
Mor. l. 19 c. 20. Anno 930.  named Don Ramiro, who reigned 19 years, and was a most excellent King, and gained Madrid from the Moors.   

Don Sancho el Gordo, to the prejudice of the young Son of Ordonio the Third.  
To Ramiro the second, 
Anno 954.  succeeded his elder Son Don Ordonio the third, who after 7. years' reign, albeit he left a Son named, el Enfante Don Vermudo, yet he was not admitted; but his Brother Don Sancho 1. surnamed el Gordo, Uncle to the young Prince: 
Mor. l. 16. c. 24.  And the reason of this Alteration Morales giveth, First that the said Enfante was a little Child, and not sufficient for Government, and defence of the Country. But yet after Don Sancho had reigned, 
Moral. lib. 17. cap. 1, 2, 3, 4.  and his Son Don Ramiro the third, after him; he was called and made King by the Realm under the name of Vermudo 2. who left after him Don Alonso 5. and he again his Son Don Vermudo 3. who Marrying his Sister Dona Sancha (that was his Heir) unto Don Ferinando, first Earl and then King of Castille, (who was second Son to Don Sancho 
* Suprà.  Mayor King of Navarre) he joined by these means the Kingdoms of Leon and Castille together, which were separated before: And so ended the Line of Don Pelago, and entered the Blood of Navarre.   

The Third Race.  
Dona Berenguela, to the prejudice of her elder Sister Dona Blancha, and her Son St. Lewis of France.  
For the Third Race. 
Anno 1201. Garib. lib. 11. cap. 12. & 37.  Prince Lewis of France, who afterwards was King Lewis 8. Son to Philip Augustus having married Dona Blancha of Spain, that was niece to King John of England by her Mother-side; [upon these Conditions on the part of King John, thereby to make Peace with the French, that she should have for her Dowry all those Towns and Countries which the said King Philip had taken upon the English in Normandy and gascony; And on the part of Spain, That if the Prince Henry, (only Brother to the said Lady Blanch) should die without issue, than she should Succeed in the Crown of Spain] got Lewis 9 by her: And yet Prince Henry her Brother dying without issue, both she and her Son were put by, and excluded by the State of Spain, against the evident Right of succession, and propinquity of Blood; And her younger Sister 
* Married to the Prince of Leon, by whom he had Fernando the St. of Castille. Gar. l. 13. c. 10. Anno 1207.  Dona Berenguela was admitted. And the only Reason they yielded thereof, was, not to admit Strangers to the Crown.   

Don Sancho el Bravo, to the prejudice of his nephew's Don Alonso, and Hernando de la Cerda.  
The Prince of Spain 
* surnamed, De la Cerda, for that he was born with a great Gristle Hair on his Breast.  Don Alonso, Nephew to St. Fernando, dying before the King his Father, left two 
* By Blancha, St. Lewis of France his Daughter.  Sons, Don Alonso, and Hernando de la Cerda, whom the grandfather left Commended to the Realm, as lawful Heirs apparent to the Crown: Yet for that one Uncle of theirs, younger Brother to their Father, named Don Sancho el 
* For his valour.  Bravo was like to manage the matters of War better than they; he was, by a general parliament, Holden at Segovia, 1276. made Heir apparent of Spain, and they put back, in their Grand-father's time, and by his, and the realm's consent. And this Don Sancho coming to the Crown in the year 1284. the two Princes were put in Prison, 
Anno 1276. Anno 1284.  but afterwards at the suit of Philip 3. of France, their Uncle, they were let out, and endued with certain Lands, and also they remain unto this day: And of these do come the Dukes of Medina, Celi, and all the rest of the House of Cerda, which are of much nobility in Spain at this time; and King Philip that Reigneth, cometh of Don Sancho, the younger Brother.   

Henry the Bastard, and his Race, to the prejudice of King Petro, and his Heirs.  
When Don Pedro the Cruel, King of Castille, was driven and his Bastard Brother Henry 2. set up in his place, John of Gant, 
Garibay lib. 15 cap. 1. Anno 1363.  Duke of Lancaster, having Married Dona Constantia, the said King Peter's Daughter and Heir, pretended by succession the said Crown of Castille, as indeed it appertained unto him; But yet the State of Spain denied it flatly, and defended it by Arms, and prevailed against John of Gand, as did also the Race of Henry the Bastard against his lawful Brother. And though in this Third and principal descent of the Kings of Spain, when these Changes happened, the matter of Succession were most assuredly and perfectly established, yet no man will deny but that the Kings of Spain who hold by the latter Titles at this day, be true and lawful Kings.  
This King Henry the Bastard had a Son named John the first, who succeeded him in the Crown of Spain, and Married Dona Beatrix, Daughter and Heir of King Ferdinando the first of Portugal. But yet after the death of the said Ferdinando, the States of Portugal would never agree to admit the said Juan for their King, 
Garibay lib. 15 cap. 22. & l. 34 cap. 39  for not subjecting themselves by that means to the Castilians: And took rather a Bastard Brother of the said Don Ferdinando, named Don Juan, a youth of twenty years old; whom they Married afterward to the Lady Philippe, Daughter of John of Gand, by his first Wife Blancha, Duchess and Heir of Lancaster, in whose Right the Kings of Portugal and their Discendents do pretend unto this day a certain interest to the House of Lancaster.    

Divers other Examples out of the States of France, and England, for proof that the next in Blood are sometimes put back from succession; And how God hath approved the same with good success.  
CAP. VIII.  
Though the Crown of France never come to any Stranger; yet it Changed twice in itself, and had Three ranks.  
COncerning the State of France, albeit since the entrance of their first King Pharamont, they have never had any stranger come to wear their Crown; yet among themselves have they changed twice their whole Lineage of Kings, and have had three descents and Races as well as the Spaniards; 
1 Anno 419.  The first of Pharamont, 
2 Anno 751.  the second of Pepin, and the third of Capitus, 
3 Anno 988.  which endureth unto this present.  

The First rank.  
The First rank shall be let pass, for that some perhaps may say that the commonwealth and Law of Succession was not then so well settled, as it hath been since, and also because it were too tedious to peruse all the Three ranks, for the store that they may yield.   

Examples of the second rank.  
Carloman against the Law of Succession, and the Order of his Father, parted equally the Realm with his elder Brother Charles.  
Pepin le Bref, first King of the second Race, left two Sons, Charles and Carloman, and his States and Kingdoms by Succession unto the eldest; Charles the Great. And albeit by that Law of Succession the whole Kingdom of France appertained unto him alone; yet the Realm by his authority did part it equally between them two; 
Ger. du Hail. l. 3 Anno 768.  as Gerard du Haillan setteth down in these words, Estant Pepin decedé, les François eslurent Roy, Charles & Carloman ses fils, à la charge qu'ils partagerrient entr'evor egalement le Roy. 
Belf. lib. 2. c. 5.  And the very same citeth Belforest out of Egenart, an ancient French Writer.   

Charlemagne preferred to his nephews against succession.  
After three years' reign Carloman dying, left many sons; the elder whereof was named Adalgise; but Belforest saith, That the Lords Ecclesiastical and temporal of France swore fidelity and obedience to Charles, without any respect or regard at all of the children of Carloman, who yet by right of succession should have been preferred; 
Paulus Aemil. hist. Franc.  And Paulus Emilius a latin-writer saith, Proceres regni ad Carolum ultrà venientes, regem eum totius Galliae salutârunt: whereby is showed, that exclusion of the children of Carloman was not by force or tyranny, but by free deliberation of the Realm.   

Lewis 1. deposed Charles le Chauve, his fourth son admitted to the prejudice of his elder brothers.  
To Charles the Great succeeded Lewis le Debonnaire his only son; 
An. 814.  who afterward, at the pursuit principally of his own three sons by his first wife, 
Gerard lib. 5. An. 834.  (Lothaire, Pepin and Lewis) was deposed, and put into a monastery. But coming afterward to reign again, 
An. 840.  his fourth son by his second wife, named, Charles le Chauve, succeeded him, against the right of succession due to his elder brother Lothaire.   

Lovys 2. to the prejudice of his elder brethren; and his bastards to the prejudice of his lawful sons.  
After Charles le Chauve came in Lovis le Begue, 
An. 678.  his third son, the second being dead. and the eldest for his evil demeanour put by his succession. This Lewis left by his wife Adel trude daughter to King Alfred of England, a little infant newly born; and two bastard-sons of a Concubine, Lovys 
* Lovys the 3d and Carloman the first.  and Carloman; who, for that the nobles of France said, That they had need of a man to be King, and not a child, were, to the prejudice of the lawful successor, by the State chosen jointly for Kings, and the whole Realm was divided between them. 
An. 881.  And Q. Adeltrude with her child fled into England,   

Charles 4. to the prejudice of Lovys 5.  
And Odo to the prejudice of Charles 4.  
Of these two Bastards, 
An. 886.  Carloman left a son, Lovis le Faineant, which succeeded unto him; But for his slothful life and vicious behaviour was deprived, and made a Monk in the Abbey of St Denis, where he died. And in his place was chosen for King of France Charles le 
* Nephew to Charles le Chauve. An. 88  Gros, Emperor of Rome, who likewise afterward was for his evil government by them deposed, and deprived not only of the Kingdom, but also of his Empire, and was brought into such miserable penury, as divers write he perished for want. In his place was chosen Odo Earl of Paris, and Duke of Angers, of whom came Hugh Capet.   

Charles the simple to the prejudice of Odo.  
But being soon weary of this man's government, they deposed him as he was absent in gascony, and called Charles 
* Son to Lovys le Begue.  (named afterward the Simple) out of England to Paris, and restored him to the Kingdom of France; leaving only to Odo for recompense the State of Aquitaine, with title of a Duke.   

Ralph 1. in the place of Charles the simple.  
This Charles through his simplicity being allured to go to the Castle of Peronne in Picardy, was made there prisoner, and forced to resign his Kingdom unto Ralph King of Burgundy. 
An. 927.  And his Queen Algina, or Ogen, daughter of King Edward the elder, of England, fled with her little son Lewis that she had by him, into England unto her Uncle K. Adelstan. And Charles through misery died soon after, in the said Castle of Peronne.   

Lewis d'Outremer son to Charles the Simple established.  
But this Ralph dying also three years after, 
Son to Charles le simple.  the States of France called out of England Lewis (therefore named d'Outremor), and crowned him; And he was a good King, and reigned 27 years.   

Hugh Capet to the prejudice of Charles of Lorraine.  
Lovys d'Outremer left two sons, Lothaire, who succeeded him, and Charles whom he made Duke of Lorraine: Lothaire had a son named Lovys, who was King after him, but died without issue. And so the crown was to have gone by succession to his Uncle Charles. Notwithstanding the States of France, for mislike they had of his person did put him by, and chose 
* That surname was given him when he was a boy, for that he was wont to snatch away his fellows caps from their heads.  Hugo Capetus Earl of Paris, who by approbation of the commonwealth was crowned, and his race endureth until this day.   

Hugh Capet his title not by usurpation.  
And all the French Chronicles do justify this title of Hugo Capetus against Charles. 
Belf. lib. 3. cap. 1. Anno 988.  Nangis an ancient and diligent writer of the Abbey of S. Denis, defendeth it in these words: we may not grant in any case that Hugh Capet may be esteemed an Invador or Usurper of the Crown of France, seeing the Lords, Prelates, Princes and Governors of the Realm did call him to this dignity, and chose him for their King and Sovereign Lord. Upon which words Belforest saith: For in very truth we cannot by any other means defend the title of Hugh Capet from usurpation and felony, then to justify his coming to the Crown by the consent and will of the commonwealth.   

A speech used by the Ambassador sent from the States of France to Charles of Lorraine, after his exclusion.  
Here is to be noted somewhat out of the speech, which the Ambassador sent by the States of France, after their election of Hugh Capet, 
Gerard. lib. 6. Anno 988.  to Charles of Lorraine, did use unto him as followeth:  
Every man knoweth (Lord Charles) that the Succession of the Crown and Realm of France, according to the ordinary Laws and Rights of the same, belongeth unto you, and not unto Hugh Capet now our King; but yet the very same Laws which do give unto you this right of Succession, do judge you also unworthy of the same, for that you have not endeavoured hitherto to frame your life and manners according to the prescript of those Laws, nor according to the use and custom of your country of France; but rather have allied yourself with the German Nation, our old enemies, and have acquainted yourself with their vile and base manners. Wherefore seeing you have forsaken and abandoned the ancient virtue, sweetness and amity of the French, we have also abandoned and left you; and have chosen Hugh Capet for our king, and have put you back; and this without any scruple or prejudice of our consciences at all; esteeming it far better and more just to live under Hugh Capet the present possessor of the Crown, with enjoying the ancient use of our Laws, Customs, Privileges and Liberties, than under you, the inheritor by nearness of blood, in oppression, strange customs, and cruelty. For even as those which are to make a voyage in a ship upon a dangerous sea, do not so much repent, whether the Pilot which is to guide the stern be owner of the ship or no, but rather whether he be skilful, valiant, and like to bring them in safety to their way's end, or to drown them among the waves: even so our principal care is, that we have a good Prince to lead and guide us happily in the way of Civil and politic life, which is the end why Princes were appointed. For that this man is fitter to be our King. And so Charles was excluded, and the Frenchmen thought themselves secure in conscience for doing the same; which God also hath seemed to confirm with the succession and happy success of so many noble and most Christian Kings as have issued out of this Line of Hugo Capetus unto this day.   

Examples of the Third Rank.  
Henry 1. to the prejudice of his elder Brother Robert.  
In this Third Line, Robert, Hugh▪ Capet his son, who succeeded him, 
Gerard lib. 6. Anno 1032 & 1037.  had two sons, Robert and Henry; whereof the younger was admitted, and Robert put back; partly because he was but a simple man in respect of Henry, and partly for that Henry was greatly favoured and assisted in this pretence by Robert Duke of Normandy.   

Lewis 6. like to be disinherited for the hatred of his father K. Philip 1.  
When Philip 1. 
Gerard lib. 7. Anno 1110.  son to this Henry was deceased, the people of France were so offended with his evil life and Government, 
Belf. lib. 4. cap. 1. & lib. 5.  as that his son Lovis le Gros was like to be disinherited for his sake; if some of his party had not caused him to be crowned in haste, and out of order at Orleans, for preventing the matter.   

Charles 8. for his father Lewis xi.  
So the State of France had once determined, 
Comineus in Comment. l. 1. in vita Lud. XI.  to put back Charles (afterwards the Eight) from his succession, for the hatred they bare to his father Lewis the XI. if the said father had not died while the other was very young.   

Examples of England.  
Divers changes of Races in England.  
For England, it hath had as great variety and changes in the race of their Kings, as any Realm in the world. For first, after the Britains it had the Romans; of whose, and their own blood, they had Kings again of their own: After this they had them of the Saxon and English blood; and after them of the Danes; and then of the Normans; and after them again of the French; and last of all, it seemeth to have returned to the Britains again in K. Henry 7. for that his father came of that race.   

Examples before the Conquest.  
Egbert 1. before his nearer in blood.  
To pass over the ancient ranks of the British, Roman and Saxon races, until Egbert King of the Westsaxons, and almost of the rest of England besides (who therefore is said to be properly the first monarch of the Saxon blood, and first commanded that Realm to be called England, as ever since hath been observed) this man Egbert being for his prowess in jealousy to his King Britricus, was by him banished into France, where he lived a Captain under the famous King Pepin, till that Britricus dying, he returned into England; where, 
Polyd. lib. 4. Hist. Angl. in fine An. 802.  though he were not the next by propinquity of blood, yet, as Polydor sayeth, omnium consensu Rex creature; and proved the most excellent King that ever before the Saxons had.   

Adelstan, bastard-brother, to the prejudice of his his lawful Edmond, and Aldred.  
This Egbert left a son, named Elthelwolfe, or Adelwulfe, or Edolf, who succeeded him; and had four sons, Ethelbald, Ethelbert, Ethelred, and Alfred; who were all Kings one after another; and for the most part most excellent Princes, specially Alfred the last of all, 
872.  whose acts be wonderful: he left a son as famous as himself, which was Edward the elder: who dying, left two lawful sons, Edmond and Aldred, and one illegitimate, 
he erected the university of Oxford Polyd. lib. 5. Hist. Angl. Stone pag. 130 Anno 924.  named Adelstan; which being esteemed to be of more valour than the other two, was preferred to the Crown before them; and was a Prince of worthy memory. He brought England into one perfect monarchy, having expelled utterly the Danes, and quieted the Welshmen: Conquered Scotland, and brought their K. Constantine to do him homage. Restored also Lewis d'Outremer his nephew to the kingdom of France.   

Aldred to the prejudice of his Nephews Edwin and Edgar.  
This Adelstan dying without issue, his lawful brother Edmond was admitted, 
Polyd. l. 6.  who left two sons Edwin and Edgar; but for that they were young, 
An. 946.  they were put back, and their Uncle Aldred preferred, who reigned with the good will and prais of all men.   

Edgar to the prejudice of his elder brother Edwin.  
Aldred dying without issue, his elder Nephew Edwin was admitted to the Crown; but yet four years after he was deposed again for his lewd and vicious life, and his younger brother Edgar admitted in his place, 
An. 959.  who was one of the rarest Princes that the world had in his time. Stow saith he kept 3600 ships in this Realm.   

Canutus Dane, to the prejudice of Edmond and Edward, Englishmen.  
This Edgar had by his first Wife (Egilfred) Edward, called the Martyr; and by his second (Alfred) Etheldred: Which Alfred, 
An. 978.  to the end that her Son might Reign, caused Edward to be slain; and so Etheldred came to the Crown, though with much contradiction moved in hatred specially of the murder of his Brother. This Etheldred was driven out of this Kingdom by Sweno King of the Danes, 
By his first Wife.  who possessed the Realm; and dying left a Son, Canutus; with whom, Etheldred returning after the death of Sweno, made an Agreement and Division of the Realm; And so died, leaving his eldest 
* He had two more, and one Daughter, which died all without issue. By his second Wife, Imma, sister to Rich. Pake of Normandy, she had Edw. the Confessor and Alured, who at the coming of Sweno, fled with their Father into Normandy. Anno 1018.  Son Edmund Iron-side to succeed him; who soon after dying also, left two Sons, Edmund and Edward, but the whole Realm to Canutus, who pretended it to be his by a Covenant made between Iron-side and him, That the longest liver should have all: and so with the Realm took the two Children, and sent them over into Swethland. And was admitted not only by the consent of the Realm, but allowed also by the Sea of Rome. And he lived and proved an excellent good King, and after twenty years' Reign died much mourned by the Englishmen.   

Harald Bastard, preferred to his lawful Brother Hardicanutus.  
This Canutus left a base Son, 
Anno 1038.  named Harald, and a lawful one, named Hardicanutus. But Harald was by the more part of Voices chosen before his lawful Brother.   

Hardicanutus preferred before his nearer in Blood.  
After the death of Harald, 
Anno 1041.  Hardicarnutus was chosen, without any respect, either to Edward the Confessor & Alured, Sons to Etheldred, that were in Normandy; or to Edmond and Edward, Sons to his Son Iron-side, that were in Sweathland, though in proximity of Blood they were before him.   

Alured and Edward the Confessor, before Edmond and Edward, their eldest Brother's Sons.  
But this Hardicanutus dying without issue, Alured second son to Etheldred by his second Wife, against the priority both of his Brother, and his Nephews, that were in Swethland, was called to be King; but being murdered by the way by Goodwin the Earl of Kent, his elder brother Edward the Confessor was admitted yet before Edmond and Edward sons to his elder brother Iron-side; And the said Edward the Confessor was a most excellent Prince, and Reigned in Peace, almost twenty years.   

Harald 2. to the prejudice of Edgar.  
Edward being dead without issue, The States made a great Consultation, whom they should make King; and first of all excluded him that was only next by propinquity of blood, which was Edgar, eldest son to Edward the outlaw, son to Edmond Iron-side, 
Polid. lib. 8. Anno 1066.  because he was a Child, not able to Govern the Realm; And Harald, son to the Earl Goodwin by the Daughter of Canutus, was admitted.   

William Duke of Normandy, his Title by Election.  
But William Duke of Normandy pretended to be chosen 
Anno 1066.  before by 
* and the same testified by his last Will. Ger. du Hail. l. 6 Anno 1065.  Edward the Confessor with the consent of the Realm; which, though no English Authors do avow it clearly, seemeth notwithstanding very probable: Because the said William had at his Entrance many in England that did favour his pretence; and that, as Gerard saith, At his coming to London he punished divers by name, for that they had broken their Oaths and Promises in that behalf: Moreover, by alleging his Title of Election, he moved divers Princes abroad to favour him in that action as in a just quarrel; which it is not like they should have done, if he had pretended only a Conquest, 
Ger. Chron. Cassin lib. 3. cap. 34.  or his Title of Consanguinity, which could be of no importance in the world. Among others, Pope Alexander 2. (whose Holiness was greatly esteemed in those days) did send him his Benediction, 
Anton. part. 2. Chron. tit. 16. cap §. 2.  and a precious Ring of Gold, with a Hallowed Banner. St. Anthoninus Archbishop of Florence commended his enterprise. But howsoever he got the Victory, and God prospered his Pretence, and hath confirmed his offspring in the Crown more than these Five hundred years.   

Examples after the Conquest.  
William Rufus and Henry 1. to the prejudice of their elder brother Robert.  
William the Conqueror left three sons, Robert, William and Henry, and by his Will the Kingdom to William, named Rufus, forsom particular displeasure against his elder son; who being at his father's death absent in the war of Jerusalem, 
Polyd. in vita Gal. Conq.  was put back, although the most part of the Realm was inclined unto him; 
An. 1087.  and William Rufus, by the persuasion of Lanfrake Archbishop of Canterbury, was established in the Crown: And he dying without issue, 
An. 1100.  his younger brother Henry, against the right also of his elder brother Robert, absent again in the war of Jerusalem, did by fair promises to the people, and the help of Henry Newborow Earl of Warwick, and Maurice Bishop of London, get the Crown; wherein God did so prosper him, that his said brother Robert coming afterwards to depose him of it, he took him prisoner, and kept the Crown.   

King Stephen preferred to Henry 2. his nearer in blood, and Henry again to Stephen his issue.  
This King Henry left a daughter, which had of Jeffrey Plantagenet Duke of Anera a son named Henry, whom Henry his Grandfather caused to be declared Heir apparent in his days. But yet after his deceas, because Prince Henry was but a child; 
1135.  the State of England did choose Stephen Earl of Boulongue, and son to Adela, the Conqueror's daughter, putting back both Henry and his Mother. But again for that this Reign drew all England into factions and divisions; the States in a parliament at Wallingford made an agreement that Stephen should be lawful during his life only, 
An. 1153.  and that Henry and his off spring should succeed him; and Prince William, King Stephen's son, was deprived, and made only Earl of Norfolk.   

King John to the prejudice of his Nephew Arthur.  
This Henry 2 left Richard, Jeffrey and John: Richard, surnamed Coeur de lion, succeeded him; and dying without issue, 
* Called commonly, by the Frenchmen Jean sans terre.  John was admitted by the States, and Arthur Duke of Britain, son and heir to Jeffrey, 
* Together with two daughters of his.  excluded, who coming afterward to get the Crown by war, was taken by his Uncle John, who murdered him in prison.   

Lovys Prince of France to the prejudice of King John, and King John's son afterward to the prejudice again of Lovys.  
But some years after, the Barons and States of England misliking the government of this King John, rejected him again, and chose Lovys the Prince of France to be their King, and did swear fealty to him in London: 
1216.  depriving also the young Prince Henry John's son, of 8 years old; but upon the death of King John, that ensued shortly after, they recalled again that sentence, disannulled the Oath and Allegiance made unto Lovys Prince of France, and admitted this Henry 
* Henry 3.  to the Crown, who reigned 53 years.   

The Princes of York and Lancaster had their best Titles of the authority of the commonwealth.  
From this Henry 3. take their first beginning the two branches of York and Lancaster. In whose contentions the best of their titles did depend upon the authority of the commonwealth. For as the people were affected, and the greatest part prevailed, so were they confirmed or disannulled by parliament. And we may not well affirm, but that when they are in possession, and confirmed therein by these parliaments, they are lawful Kings, and that God concurreth with them; For if we should deny this point, we should shake the states of most Princes in the world at this day.   

The commonwealth may dispose of the Crown for her own good.  
And so to conclude, As propinquity of blood is a great preeminency towards the attaining of the Crown, so doth it not ever bind the commonwealth to yield thereunto, and to shut up her eyes, or admit at haphazard, or of necessity, any one that is next by succession; but rather to take such an one, as may perform the duty and charge committed. For that otherwise to admit him that is an enemy, or unfit, is but to destroy the commonwealth and him together.    

What are the principal points which a commonwealth ought to respect in admitting or excluding of any Prince that pretendeth to succeed; wherein is handled largely also of the diversity of Religions, and other such causes.  
CAP. ix..  
Seeing the commonwealth is to know and judge of the matter, no doubt but God doth allow of her judgement.  
He who is to judge and give the sentence in the things, is also to judge of the cause; for thereof is he called judge: So, if the commonwealth hath power to admit or put back the Prince or pretender to the Crown, she hath also authority to judge of the lawfulness of the causes, considering specially that it is in their own affair; and and in a matter that depends wholly upon them, for that no man is King or Prince by institution of Nature, but only by authority of the commonwealth. Who can then affirm the contrary but that God doth allow for a just and sufficient cause in this behalf, the only Will and judgement of the weal-public itself; supposing always that a whole Realm will never agree, by orderly way of Judgement, to exclude the next Heir in Blood without a reasonable Cause in the sight and censure.  

The Pope is to obey the Determination of the commonwealth, without further inquisition; except it be in Cases of injustice, and Tyranny.  
And seeing that they only are the Judges of this Case, and are properly Lords and Owners of the whole business, we are to presume that what they Determine is just and lawful, though at one time they should Determine one thing, and the contrary at another (as they did often in England, being led at different times by different motions) and it is enough for every particular man to subject himself, and obey simply their Determination, without further inquisition; except he should see that Open Injustice were done therein, or God manifestly offended, and the Realm endangered. Open Injustice; if not the true commonwealth, but some Faction of wicked men should offer to Determine the matter without lawful authority. God offended, and the Realm endangered; where it is evident that he that is preferred will do what lieth in him to the prejudice both of God's glory, and of the commonwealth; as if a Turk, or some notorious wicked man and Tyrant, should be offered to Govern among Christians.   

Whence the Reasons of Admitting or Receiving a Prince, are to be taken.  
Now to know the true Causes and principal Points, which ought to be chiefly regarded, as well by the commonwealth, as by every particular man in the furthering or hindering any Prince; we must return to the End wherefore Government was appointed; which is to defend, preserve, and benefit the commonwealth; because from this Consideration are to be deduced all other Considerations for discerning a good or evil Prince. For that whosoever is most likely to defend &c. his Realm and Subjects, he is most to be allowed and desired, as most conform to the end for which Government was ordained. And on the contrary side, he that is least like to do this, deserveth least to be preferred: And this is the Consideration that divers commonwealths had in putting back oftentimes Children and impotent People (though next in blood) from succession.   

Three Chief Points to be regarded in every Prince.  
And here shall be fitly remembered what Gerard recounteth of the King of France; 
Ger. lib. 3. de l'Estat. p. 242.  that in his Coronation he is new apparelled three times in one day; once as a Priest, and then as a Judge, and last as a King armed; thereby to signify three things committed to his charge; first Religion, than Justice, than Manhood and chivalry; which division seemeth very good and fit, and to comprehend all that a weal-public hath need of for her happy State and Felicity both in soul and body, and for her end both supernatural and natural. And therefore these seem to be the three Points which most are to be regarded in every Prince.   

Why it is here principally treated of Religion.  
For the latter two, because they have been often had in Consideration in the Changes aforesaid; and Religion, whereof then scarce ever any question or doubt did fall in these actions, rarely or never: And because in these our days it is the principal Difference and chiefest difficulty of all other; and that also it is of itself the first and highest, and most necessary Point to be considered in the Admission of a Prince; therefore it shall principally be treated of in this place.   

The felicity of the Soul, is the chiefest End appointed to every commonwealth.  
First we are to suppose, That the first and chiefest End that God and Nature appointed to every commonwealth, was not so much the temporal felicity of the Body, as the everlasting of the Soul: And consequently that all other things of this transitory life are ordained to serve and be directed to that higher End. And this was not only revealed to the Jews by holy Scripture; but also unto the Gentiles and Heathens by the instinct and light of Nature itself.   

What End Pagan Philosophers and lawmakers had in their doings.  
For there was never yet Pagan Philosopher that wrote of framing a good commonwealth, neither lawmaker among them that left Ordinances for the same purpose; Which besides the temporal end of directing things for the body, had not special care also of matters appertaining to the mind; to wit, of nourishing and rewarding virtue▪ and for restraining and punishing of vice and wickedness.   

Institution of Sacrifices by Nature.  
Examples of Noah, and Job.  
And Nature did not only teach man that he should serve God; but also how he should serve him: to wit, That the chiefest and supremest honour that could be done unto him in this life, was the honour of Sacrifice and Oblations; which we see was practised even in those first beginnings of the Law of Nature, before the Levitical Law. For so we read in Genesis of Noah, 
Gen. 8.  That he made an Altar and offered Sacrifices to God upon the same, of all the Beasts and Birds that he had in the Ark, Odoratúsque est Dominus odorem suavitatis. And the like of Job that was a Gentile, 
Job. 1.  and lived before Moses, Sanctificabat filios, consurgénsque diluculo offerebat holocausta per dies singulos.   

Example of the Indians.  
Religion the chief End of a commonwealth and Magistrates.  
Among the Indians also, where never any notice of Moses Law came, there was never any Nation sound that acknowledged not some kind of God, and offered not some kind of Sacrifice unto him. And though both in distinguishing between false gods and the true God, and in the means of honouring him, they have fallen into most gross and infinite errors: as also the Gentiles of Europe, Asia, and Africa; yet it is evident hereby that by God and Nature the highest and chiefest End of a commonwealth is Cultus Dei. And consequently that the principal care and charge of a Prince and Magistrate even by Nature itself, 
Geneb. lib. 1. Cronal. de 1. Aetate.  is to look thereunto. As among the ancients, both Jews and Gentiles, their Kings and chief Magistrates, for many ages, were also Princes; And divers learned men do hold that the Privilege and preeminence of Primogeniture, 
Gen. 25. & 29. Deut. 21. 2 Parel. 21.  consisted principally in this, That the eldest Sons were Priests.   

The same proved by Authorities.  
Nulla est gens, 
Cic. l. 1. quaest. Tuscul. & De Natura Deorum. lib. 1. Plut. adversus Colotem.  saith Cicero, tam fera, nulla tam immanis, cujus mentem non imbuerit deorum colendorum Religio. And Plutarch writing against a certain Atheist of his time, saith thus, If you travel far Countries, you may chance to find some Cities without Learning, without Kings, without Riches, without Money; But a city without Temples, and without gods and Sacrifices, no man yet hath ever seen. And finally, Aristotle having numbered divers things necessary to a commonwealth, addeth these words, 
Arist. lib. 7. Polit. cap. 8.  Quintum & Primum. Circa rem Divinam cultus, quod sacerdotium Sacrificiúmque vocant.   

The absurd Atheism of our time in politics.  
And therefore we see how false and impious is the opinion of divers Atheists of our time, who affirm, That Religion ought not to be so greatly respected in a Prince, as though it were his chiefest care, or the matter of most importance in his Government: False and impious opinion, specially among Christians, who have so much the greater obligation to take to heart this matter of Religion, by how much greater light and knowledge they have of God. And for this cause also in all the Prince's Oaths taken at their Admission (as before hath been 
* in the fourth Chapt.  recited) the first and principal point of all other is about Religion and maintenance thereof; not only by themselves, but also by their lieutenants, &c.   

The Oath given by the Emperor Justinian, to all his Governors to take at their Reception.  
And the Civil Law yieldeth a very solemn Form of an Oath which the Emperor Justinian was wont to give to all his Governors, &c. of Countries, &c. before they could be admitted to their Charges: 
An. 560. Collat. 2. Novel. Constit. Justin. 8. tit. 3.  which is as followeth, Juro per Deum omnipotentem & filium ejus unigenitum Dominum nostrum Jesum Christum & Spiritum Sanctum; & per Sanctam gloriosam Dei genitricem & semper-virginem Mariam, & per quatuor Evangelia quae in manibus meos teneo, & per Sanctos Archangelos Michaëlem & Gabriëlem, puram conscientiam, germanúmque servitium me servaturum sacratissimis nostris Dominis Justiniano & Theodosiae conjugi ejus, occasione traditae mihi ab eorum pietate administrationis. Et quod communicator sum sanctissimae Dei Catholicae & Apostolicae Ecclesiae, & nullo modo vel tempore adversabor ei, nec alium quocunque permittam quantum possibilitatem habeam: Et si verò non haec omnia seruàvero, recipiam omnia incommoda hìc & in futuro seculo in terribili judicio magni Domini Dei & salvatoris nostris Jesu Christi, & habebo partem cum Juda, & cum lepra Geizi, & cum tremore Cain, in & super poenis quae lege eorum pietatis continentur, ero Subjectus.   

Why Princes should be endued with Religion.  
This Oath did all the Governors of Christian Countries take in old time: By which Oath, and the other Oaths which Emperors and Kings did make themselves at their admission about this point; we may see that it is their chiefest and highest end, and office, to assist their Subjects to the attaining of their supernatural end, by knowing and serving God in this life; For that otherwise God should draw no other fruit or commodity out of human commonwealths, than of an assembly of brutish creatures.   

He that wanteth it, is guilty of high Treason against God.  
And therefore whatsoever Prince or Magistrate doth not help his Subjects to this end, 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 fit for that place and dignity, though he should perform the other two parts of Justice and valour never so well.   

Lack of Religion the chiefest Cause and justest to exclude a Prince.  
Whereof it ensueth, That nothing in the world can so justly exclude an Heir apparent from his Succession, as want of Religion; nor any cause whatsoever justify and clear the conscience of the commonwealth, or of particular men, that in this cause should resist his entrance, as if they judge him faulty in this point.   

If a Marriage may be dissolved, much more a bare Betrothing, such as is between an Heir apparent and a commonwealth.  
St. 
1 Cor. 7.  Paul determineth plainly, That if two Gentiles married together in their gentility (which none denieth to be true marriage, for so much as concerneth the Civil Contract) and afterward the one of them being made a Christian, the other would not live with his party, or if he do, yet not without blaspheming of God, and tempting him to sin; In this case he teacheth, That it is sufficient to break and dissolve utterly this heathen marriage; and that the Christian may marry again; and this only for the want of Religion in the other party: 
Dig. l. 23. tit. 1 lib. 8. & 10.  Which being so in actual marriage already made & consummate; how much more may it serve to undo a bare betrothing, which is the case of a Pretender only to a Crown, as before hath been showed.   

Whether Difference in Religion be infidelity.  
But some may say that St. Paul speaketh of an Infidel or Heathen, that denieth Christ plainly; which is not the case of a Christian Prince, though he be somewhat different in Religion. To which is answered, That supposing there is but one only Religion that can be true among Christians, as both Reason and Athanasius his Creed doth plainly teach us; and moreover seeing, that to me there can be no other Faith or Religion available for my salvation, than only that which I myself do believe, 
Act. 23.  for that mine own Conscience must testify for me, 
1 Cor. 8.  or against me: 
2 Cor. 5.  certain it is, 
1 Pet. 3.  that unto me and my Conscience he which in any Point believeth otherwise than I do, and standeth wilfully in the same, is an Infidel; for that he believeth not that which in my Faith and Conscience is the only and sole truth, whereby he must be saved. And so long as I have this opinion of him, albeit his Religion were never so true, I shall do against my Conscience, and sin damnably in the sight of God, to prefer him to a Charge, where he may draw many other to his own Errors and Perdition, wherein I do persuade myself that he remaineth.   

How he that doth against his Conscience sinneth.  
And this Point is founded upon that which St. Paul saith against such Christians, 
Rom. 4.  as being invited to the Banquets of the Gentiles, 
1 Cor. 8. & 10.  did eat the meats offered to Idols, (which themselves do judge to be unlawful to eat) which he saith was a damnable sin; not for that the thing in itself was unlawful, but for that they did judge it so, and yet did the contrary; 
S. christ. hom. 36. in h. Epist. Orig. l. 10.  And the reason he yieldeth presently, Quia non ex fide; omne autem quod non est ex fide est peccatum: Doing a thing (though in itself indifferent) against their own Conscience, 
Theod. in hunc locum.  which must be their witness at the latter day.   

How dangerous a sin, to favour a Pretender of a contrary Religion.  
Now to apply this to the matter of England, I affirm and hold, That for any man to give his Help or Consent towards the making of a King, whom he judgeth or believeth to be faulty in Religion, how good or bad soever he be, or of what side soever the truth be, it is a most grievous and damnable sin. And is guilty of all the evils, miseries, and calamities which may ensue by his Government, whether they do so or no; Because knowing in his belief that he is like or in disposition to bring all those evils: yet he doth further, or not resist him.   

How far it is also against Wisdom and policy to prefer a Prince of a contrary Religion.  
Moreover, besides the matter of Conscience, It cannot in policy, but be great folly and oversight for a man to promote to a Kingdom, wherein himself must live, one of a contrary Religion to himself: For let the bargains, agreements, and promises be never so great, yet seeing the Prince once settled, must needs proceed according to the principles of his own Religion: it followeth also that he must come quickly to break with the other party: And so many Jealousies, suspicions, Accusations, &c. will light upon him, as not only he shall not be capable of such Preferments, honours, and Charges, which men may deserve and desire in their commonwealths; but also he shall be in continual danger, and subject to a thousand molestations and injuries: and so, before he beware, will become to be accounted an enemy, or backward man: Which to remedy, he must either dissemble deeply, and against his own Conscience make show to favour and set forward that which in his heart he doth detest (which is the greatest calamity and misery of all other) or else to avoid this everlasting perdition, he must break with all the temporal commodities of this life, and leave the benefits which his Country might yield him: And this is the ordinary end of all such men, how soft and sweet soëver the beginnings be.   

The Conclusion of the whole Speech.  
That the next Heir after the Queen, must needs be very Doubtful.  
And therefore to conclude all this Speech, Seeing there be so great inconveniencies and dangers, in respect both of God and man, body and Soul, to advance to the Crown a Prince of contrary Religion; And considering that in England there is so great diversity of Religions, as the world knoweth, between these Parties and Factions that have to Pretend or admit the next Prince after Her majesty that now is: Calling to mind also the great liberty, Scope, and authority which the commonwealth hath to determine, even against the clear right of Succession: And laying finally before our eyes the manifold and different Acts of Christian Realms, before mentioned, in this affair. It appeareth (as it was propounded in the beginning) That it is a very doubtful case who shall be the next Prince after the Queen: And much more, if above all this it be proved also, (as it shall be in the Second Book) that among such as do or may pretend of the Blood Royal at this day, their true Succession, and next propinquity by birth is also incertain and disputable.  
FINIS.     

CAP. I.  
BOOKS WRITTEN  

1.  
BY one Hales, 
1.  surnamed Clubfoot, Clerk of the Hamp. in which the Lord Keeper Bacon was thought to have a hand; and Sir William Cecil a privity.   

2.  
In favour of the Lady Katherine Gray, daughter of the Lady Frances, Duchess of Suffolk, the daughter of Marie, younger daughter of Henry 7. to prefer her before the Scot descended of Margaret the elder daughter.   

3.  
Because he was a Stranger or Alien; 
1.  therefore not to inherit by Law.   

4.  
Henry 8. 
2.  had authority given him by two parliaments of 28. and 36. to dispose of the Succession by his last Will; and ordained, (his own issue failing) that the offspring of Mary should be preferred before that of Margaret.   

5.  
Against this one Morgan a Divine of Oxford (with the advice of Judge Brown, 
II.  as it was thought) wrote, first to clear the Queen of Scots from her husband's death: 2 handled her Title to our Crown: 3 against the Book of Knox, of the Monstrous Government of Women.   

6.  
And John Leisley, 
III.  Bishop of Ross in Scotland, confuteth the first point: 1 That the Statute that beareth the inheritance of Aliens (made 25 Edw. 3.) is only to be understood of particular mens' inheritance: 2 There is express exception of the King's Children, and offspring, in the Statute: 3 The Practice both before and since the Conquest to the contrary.   

7.  
The second: If Henry 8. made such a Testament, it could not hold in Law; But that he made it not, besides many probabilities, the testimonies of the Lord Paget, Sir Edw. Montague, Lord Chief Justice; and William Clark, who set the King's stamp to the Writing, avowed before the Council and parliament in Queen Mary's time, That the testament was signed after the King was past since and memory.   

8.  
Robert Heghington, 
IV.  Secretary to the Earl of North. writeth in favour of the King of Spain, as next Heir to the House of Lancaster.  
Another writeth in the behalf of the Dukes of Parma, 
V.  as next Heir of Portugal; 
VI.  another for the Infanta of Spain as the Heir of Brittany.    

CAP. II.  
Of the Succession of the Crown from the Conquest, unto Edward the Third's time.  

The issue of William the conqueror.  
WILLIAM the Conqueror had four Sons, and five Daughters. Sons, 1. Robert, Duke of Normandy: 2. Richard died in his youth: 3. William Rufus: 4. Henry the first. Daughters, 1. Sicily, a Nun: 2. Constantia, wife of Alain Fergant, Duke of Brittany: 3, Adela, or Alice, wife of Stephen, Earl of Bloys, &c. The other two died young.   

Robert, Duke of Normandy.  
Robert of Normandy, and his Son William, were ruined by Henry 1. Robert pined away in the Castle of Cardiff; William slain before aloft in Flanders, whereof he was Earl, by an arrow.   

Henry 1.  
Of all the Children of Henry 1. Manned first married to Henry 5. Emperor, had issue Henry 2. by Geoffrey Plantagenet, Duke of Aniou, &c. her second Husband; he Reigned after King Stephen.   

The beginning of the House of Brittany.  
Constantia, the Conquerors second Daughter, had issue Conan 2. le Gros; who had issue Hoel, and Bettha, wife of Eudo Earl of Porrhet in Normandy (her Father made her his Heir on his death bed, disadvowing Howel) she had issue Conan 3. He, Constantia wife to Geoffrey third Son to Henry 2. by whom she had Arthur, whom King John his Uncle put from the Crown of England, and murdered. After which Constantia married Guy Viscount of Tovars, a Britain: and their issue have continued till this, in the infanta of Spain, and the Duchess of Savoy her sister; whose Mother was sister unto the last King of France.  
Anna the Heir of Brittany, had by Lewis the 12. of France, one Daughter, Claudia; of whom and Francis the first, came Henry 2. whose Daughter was Mother to the Infanta, &c.   

King Stephen.  
Adela, or Alice, the Conquerors third Daughter, had issue Stephen Earl of Bouloyne, chosen King after Henry 1. before manned his Daughter, because a Woman; and before her Son Henry 2. because he was but a Child, and a degree further off from the Conqueros, but especially by force and friends; whereby he prevented also the Duke of Britain, Son to his mother's eldest sister. He had two sons, who left no issue; and Mary, wife to the Earl of Flanders, whose right, if any, is descended to the Spaniard.   

Henry 2. his Sons.  
Henry 2. had issue by Eleonora, the Heir of Aquitaine, William, who died young. Henry Crowned in his father's time, and died without issue: 3. Richard Coeur de lion, who died without issue: 4. Geoffrey who married Constance the Heir of Britain, as aforesaid: 5. John, the King, who had issue Henry the third.   

Henry 2. his Daughters.  
His Daughters were, 1. Eleonora married to Alphonso 9 of Castille: 2. to Alexis the Emperor: 3. to the Duke of Saxony: 4. to the Earl of Tholouse.  
Eleonora had Henry of Castille, who died without issue; and Blanch, married to Lewis of France, of the Race of Valois, whose issue continueth: and Berenguela married to the Prince of Leon; whose Son Ferdinando, by the death of his Uncle Henry without issue was chosen King of Castille, before Saint Lewis the son of Blanch aforesaid, because a stranger.   

16.  
The right which France had to Aquitain, Poitiers and Normandy, came to them by the aforesaid Blanch; who was married thither, on condition to have for her dower all that John had lost in France, which was almost all he had.   

Henry 3. his Issue.  
Henry 3. had Edward 1; he Edw. 2. he Edw. 3. and Edmund Crook-back Earl or Duke of Lancaster; whose heir, Lady Blanch, married John of Gant the third son of Edw. 3. from whom came the house of Lancaster. Also Beatrix married to John 2. Duke of Britain, from whom descended the Infantas Mother.   

That Edward Crook-back was not elder than Edward 1.  
Edward Crook-back was not Edw. 1. elder brother, and put by only for his deformity; 2. he was born 18 Junii, 1245; and Edward 16 Junii, 1239. (Matth. West. who lived at the same time;) 2. he was a wise Prince, and much employed by his father and brother in their wars; 3. his father advanced him in England, and would have made him King of Naples and Sicily; 4. having the charge of the Realm at his father's death, and his brother absent; he attempted no innovation; nor he, nor any of his children made any claim to the Crown after that; 5. If he had been elder, the title of Lancaster in John of Gant his Issue, whose mother was heir unto Edmund, had been without contradiction; nor could the house of York have had any pretence of right.   

The Issue of Edward Crook-back.  
Henry the second, Earl of Lancaster and grandchild to the aforesaid Edmund, was created Duke of Lancaster by Edward 3. He had but one child, the Lady Blanch, wife of John of Gant, by whom he became also Duke of Lancaster. His three sisters were matched, one to the Lord Maubery, of whom the Howards of Norfolk; Joan 2. Mary married to the Earl of Northumberland; from whom the now-Earl: 3. Eleonor, married to the Earl of Arundel, of whom the late Earl descended.    

CAP. III.  
The Succession from Edward 3. The houses of Lancaster and York.  

Edward 3. his Issue.  
EDward the third had five sons; 1. the Black Prince (He Richard second, in whom his line ceased) 2 Lionel Duke of Clarence; 3. John of Gant, Duke of Lancaster by his wife Blanch; 4 Edward of Langley Duke of York; 5. Thomas of Woodstock Duke of Gloucester.   

The Title of the house of York.  
Lionel of Clarence had one only daughter and heir, Philippe, married to Edmund Mortimer Earl of March; they Roger; he Anne Mortimer, married to Richard Earl of Cambridg, second son of Edmund L. of York: His son Richard, by the death of his Uncle (slain at Agincourt) came to be Duke of York (his father of Cambridg, being executed for a conspiracy against Henry 5.) And was the first of the house of York that challenged the Crown, and died in the quarrel: His son was Edward the 4.   

The Issue of the Duke of Gloucester.  
Thomas of Woodstock had only one child, Anne, married to the Lord Stafford; whose issue came after, in regard of this marriage (for Thomas was Earl of Buckingham too) to be Duke of Buckingham, some of whose blood are yet in England.   

The Issue of John of Gant by his first Wife.  
John of Gant had three Wives; 1, Blanch the heir of Lancaster aforesaid, by whom he had Henry 4. and Philippe, married to John King of Portugal; from whom are lineally descended such as at this day claim interest in that Crown; and Elisabeth, married to John Holland Duk of Exeter; whose grandchild Henry, left only Anne, married to Sir Thomas Nevil Knight, from whom the Earl of Westmoreland is lineally descended.   

By his second Wife.  
By his second, Lady Constance, daughter of Peter King of Castille, he had only one daughter Katherine, married to Henry the third, King of Castille; of whom the King of Spain that now is, is lineally descended.   

By his third Wife. Henry 7. his Title.  
His third, Katherine Swinford, daughter to a Knight of Henault; and attending on his wife Blanch, he used as his Concubine in his wife Constance's time, and begat of her three sons and one daughter; and after married her to Swinford an English Knight; who dead, and his wife Constance also, he married her, Anno 1396, and caused his said children by her to be legitimated by parliament, Anno 1397.   

Henry 7. his Title from Lancaster.  
His sons were, 1. John Duke of Summersault; 2. Thomas Duke of Excester; 3. Henry Bishop and Cardinal of Winchester: His daughter Jane married to the Earl of Westmoreland. The Issues of all these were soon spent, except of John of Summersault, who had two sons, John and Edmund: John one only daughter, Margaret, married to Edmund Tidder Earl of Richmond, by whom he had Henry 7. Edmund and his three sons all died in the quarrel of the house of Lancaster without Issue.   

The line of Clarence, and Title of the Earl of Huntington.  
George Duke of Clarence, second brother of Edw. 4. had Issue Edw. Earl of Warwick, put to death by Henry 7. and Margaret Countess of Salisbury, married to Sir Richard Poole of Wales, by whom he had Henry, Arthur, Geoffroy, and Reynald (after Cardinal) Henry Lo. of Montague (put to death, with his mother, by H. 8.) had Katherine married to the Earl of Huntington, they the now Earl, &c. and Wenefred married to Sir Tho. Barrington. Arthur, Marie, married to Sir John Stanny; and Margaret to Sir Tho. Fitzherbert. Geoffrey, Geoffrey Poole; he Arthur and Geoffrey, which yet live in Italy.   

Henry 7. his Issue. The Title of Scotland, and of the Lady Arbella.  
Henry 7. had by the eldest daughter of Edw. 4. (for of all the other three remaineth no issue) besides Hen. 8. Margaret, first married to the K. of Scots; they James 5. who Mary, mother to the now King. After married to the Earl of Anguis; they Margaret, married to the Earl of Lenox; they Henry married to the last Queen, and murdered 1566. and Charles married to Elisa. Ca4dish, by whom the Lady Arbella.   

The Title of the Lord Beacham, and his brother.  
marry the second daughter, first married to Lewis 12. of France, without issue; then to Charles Brandon Duke of Suffolk; they Francis, married to Henry Gray Marquis Dorset, after Duke of Suffolk, beheaded by Q. Mary; they Jane, married to Dudley, (both beheaded) Katherine, first married to the Earl of Pembroke; and left by him to the Earl of Hartfort (as themselves affirmed) in the Tower: from whom descendeth the Lord Beacham, and Edward Seymer his brother.   

The Title of the house of Derbie.  
Eleonor second daughter to Ch. Brandon and the Queen of France, was married to Henry Clifford Earl of Cumberland: they had issue Margaret, married to Henry Earl of Derbie: who had issue the last and the now Earl..    

CAP. IV.  
The controversy between the Houses of Lancaster and York.  

The Pretence of the house of York.  
BY Richard Duke of York, son of Richard Earl of Cambridg aforesaid, &c. That considering he had by descent joined in him the right as well of Lionel Duke of Clarence, second son to Edw. 3. as of Edward Duke of York, the fourth son of Edw. 3. he was to be preferred before the house of Lancaster, claiming only from John of Gant the third son of Edward 3.   

Richard 2. Deposed.  
Edward 3. in his old age for the love he bare to the black Prince, confirmed the Succession by parliament to Richard 2. his son; and caused the rest of his sons to swear thereunto. Richard 2. for his misgovernment was deposed by common consent, and Henry 4. chosen in his place; which himself and his issue possessed about 60 years. The question is, Whether King Richard were rightfully deposed or no.   

That a King may be deposed on just causes.  
First that a King on just causes may be deposed, is proved by Reason: because the rule being given by the commonwealth, on condition of just government; that much violated, the condition is broken, and the same commonwealth may take the forfeiture. This proved by the authority of all lawmakers, Philosophers, Divines and Governors of commonwealths; and by example of divers Depositions, which God himself hath blessed with good success.   

Proved by reasons and examples of divinity.  
An ill Prince is an armed enemy, with his feet set on the Realm's head; whence he cannot be plucked but by force of Arms, Object. God may cut him off by sickness, or otherwise; and therefore we are to attend his good pleasure. Answ. God always bindeth not himself to work miracles, nor often with extraordinary means; but hath left upon earth, unto men and commonwealths, power to do justice in his Name upon offenders. Examples hereof are Ehud stirred up by God to kill Eglon, King of the Moabites by a stratagem, Judg. 3. and the Philistines to kill, David to persecute Saul; Jeroboam to rebel against Roboam the son of Solomon, 2 Reg. 11. & 12. Jehu to depose Joram and Q. Jezabel his mother, 4. Reg. 9 The Captains of Jerusalem at the persuasion of Jehoiada the high-Priest, to conjure against Q. Athalia, whom they deposed, and Joash chosen in her room, 4. Reg. 11. All which he might have removed without bloodshed, if he would: But he appointed men to work his Will by these violent means, to deliver that commonwealth from oppression, and for the greater terror of all bad Princes.   

Allegations of the Lancastrians that King Richard 2. was justly Deposed.  
Just causes of Deposing Richard 2. were; he murdered his Uncle the Duke of Gloucester without form of Law or process. He put to death the Earl of Arundel, banished Warwick, Thomas Arundel Archbishop of Canterbury, and Henry Duke of Hereford and Lancaster (and after King) whose goods and inheritance descending to the said Henry from his Father, he wrongfully seized on. He suffered the Earl of Oxford, his minion, to put away his wife, a goodly young Lady, daughter of Isabella his father's sister, and to marry another openly to her disgrace. And in the last (evil) parliament he made, would needs have all absolute authority granted to 6 or 7 his favourites to determine of all matters. Grieved with these exorbitant indignities, the more or better part of the Realm called home by their Letters Henry 4. deposed Richard 2. by Act of parliament, by his own confession of unworthy Government, and his voluntary resignation of the Crown to the said Henry by public instrument. All this without bloodshed: And in almost all this, Edmund L. D. of York, (the head of that family, together with Edward Duke of Aumale his eldest son, and Richard Earl of Cambridge his younger (the grandfather of Edward 4.) assisted the said Henry.   

That Henry 4. had more right to Succeed unto Richard 2. than Edmond Mortimer heir of Clarence; much more any other.  
King Richard 2. deposed, the question is, Whether Edmond Mortimer then alive (his Father Roger being slain in Ireland a little before) Nephew removed of Lionel Duke of Clarence; or Henry Duke of Lancaster, son of John of Gant should have Succeeded in right. For Henry is alleged; his being nearer to the former King by two degrees, and proximity of Blood (though not of the elder Line) is to be, (or hath been) preferred in these cases. 2. His Title came by a Man, the others by a Woman (not so much favoured by Law nor Reason.) 3. The said Edmond being offered the Crown by Richard Earl of Cambridge (who had married his Sister Anne) and other Noblemen, at Southampton; he judged it against equity, discovered the Treason to Henry the fifth, by whose command those Noblemen were executed, 1415. Thirty years after which; Richard Duke of York, son of the aforesaid Earl, and Anne (for Edmond her brother died without issue) set his Title on foot. And whereas Roger Mortimer, Father of this Edmond was declared Heir apparent by a parliament 1382, that was done by Richard 2. from the hatred he bore to John of Gant, and his son Henry; (rather than for the goodness of the others Title:) the cause whereof was, Because immediately after the death of the Black Prince, divers learned and wise men held opinion, That John of Gant, eldest son of Edward 3. then living should rather succeed, than Richard, jure Propinquitatis. This made the old King Edward 3. confirm the Succession to Richard 2. by parliament, and the Oaths of his Uncles, and made the young King Richard 2. hold first, and his son in jealousy, and hatred ever after, as distrusting the likelihoods of their Title.   

Declaration of the Heir Apparent in the Prince's life, being Partial, no sure precedent.  
Partial establishing of Succession by parliament, is no extraordinary thing with Princes, which yet most commonly have been to little purpose. So did Richard 3. cause John de la Pole, Earl of Lincoln, and Son to his sister Elisabeth, Duchess of Suffolk, to be declared Heir apparent; thereby excluding his Brother Edward's four Daughters, &c. So did Henry 8. prefer the issue of his younger sister, before that of his elder. So did Edward 6. declare the Lady Jane Gray, his cousin german removed, to be his Heir and Successor; excluding his own two sisters: Such, say they, was the aforesaid Declaration of Roger Mortimer by Richard 2. to as little purpose, as from little equity.   

Uncle preferred before the Nephew divers times. Contra. Sect. 83.  
That John of Gant should have in right succeeded his father, rather than Richard himself, as nearer to his father, is proved by the course of divers Kingdoms, where the Uncle was preferred before the Nephew. 1. In Naples (much about the same time) Robert before Charles the son of Martel his elder Brother. 2. In Spain, Don Sancho Bravo before the Children of Prince Don Alonso de la Cerda (from whom the House of Medina Celi is descended) by sentence of Don Alonso the wise, and of all the Realm and Nobility, Anno 1276. 3. In the Earldom of Arthois, manned, before Robert, son to her Brother Philip, by sentence of Philip le Bel of France, confirmed by the parliament of Paris, and by his Successor Philippi de Valois, whom he the said Robert had much assisted in the recovery of France from the English. 4. In Brittany, John Breno Earl of Montfort, before Jane Countess of Bloys, Daughter and Heir of Guy his elder brother, by sentence of Edward 3. and the State of England, who put him in possession of that Dukedom. 5. In Scotland, where albeit Edward 1. of England gave sentence for John Balliol, Nephew to the elder Daughter, excluding thereby Robert Bruse, son to the younger; yet that sentence was held to be unjust in Scotland, and the Crown restored to Robert bruise his son, whose posterity holds it to this day. 6. The like whereof in Naples, Lewis Prince of Taranto, son to Philip, prevailed before Joan the niece of Robert aforesaid, who was Philip's elder brother (though Philip died before Robert) because he was a man, and a degree nearer to his grandfather than Joan. 7. And in England itself, Henry 1. preferred before William, son and Heir of Robert of Normandy, his elder brother. And King John preferred before Arthur, D. of Brittany, the son and Heir of his elder brother Geoffrey, because he was nearer to Richard his brother, then dead, than was Arthur: Which Right of his the English inclined still to acknowledge and admit, and thereupon proclaimed him King; notwithstanding that the French, and other foreign Princes of stomach, opposed themselves against it.   

King John rightfully preferred before his Brother Arthur.  
Against this last: King Richard when he was to go to the Holy Land, caused his Nephew Arthur to be declared Heir apparent to the Crown, thereby showing his Title to be the better. Answ. 1. It was not by Act of parliament of England, for Richard was in Normandy, when he made it. 2. Richard did it rather to repress the amhitious humour of John in his absence. 3. This Declaration was never admitted in England, but renounced by consent of the Nobility in his absence. 4. Richard himself at his return disadvowed it, appointing John to be his Successor, by his last Will, and caused the Nobles to swear fealty unto him, as to his next in blood.   

The Opinion of Civil Lawyers touching the Right of the Uncle and Nephew. Contra. Sect. 83.  
This controversy divided all the Lawyers in Christendom; Baldus, Oldratus, Panormitanus, &c. for the Nephew: Bartolus, Alexander, Decius, Alciatus, Cujatius, &c. for the Uncle: Baldus himself at length concludeth, That seeing rigor of Law runneth only with the Uncle, being properly nearest in blood by one degree, and that only indulgence and custom permitteth the Nephew to represent his Father's place; whensoever the Uncle is born before the Nephew, and his elder brother dieth before his Father (as in the case of John of Gant and Richard 2.) he may be preferred: for the elder brother cannot give or transmit that thing to his Son, which is not in himself before his Father die; nor can his son represent what the Father never had.   

The Common-Law dealeth not with the Point of Succession to the Crown.  
Touching the Common Law; the right and interest to the Crown is not expressly decided in it, nor is it a Plea subject to the rules thereof, but superior, and more eminent; nor are the Maxims thereof always of force in this, as in others. As in the case of Dower, Copercenars, and tenancy by the courtesy. No more ought they to be in this case of inheritance; as by the former eight precedents hath been showed. The Common Lawyers than refer this point of the Crown to Custom, nothing being in effect written by them touching it. Only the best of our old ones favoured that title of Lancaster: and chancellor Fortescue, and Sir Tho. Thorope, chief Baron of the Exchequer in Henry 6. his time, were much afflicted for it by the contrary faction.   

The Princes of York often Attainted.  
The Princes of York forfeited their Right by their Conspiracies, and Attainder thereupon; as R. Earl of Cambridge, put to death therefore by the judgement of his Peers, his elder brother, the Duke of York, being one of the Jury that condemned him. His son Richard, Duke of York, was also attainted of treason (after many oaths to Henry 6. sworn and broken by him) and his son Ed. 4. with the rest of his offspring to the ninth degree, at a parliament at Coventry, Anno 1459. But the House of Lancaster was never attainted of any such crime.   

The house of York came to the Crown by Violence and cruelty.  
Edward 4. entered by violence, wilfully murdering, besides divers of the nobility, Henry 6. a good and holy King, and his son Prince Edward, dispossessing the house that had held the Crown about 60 years together; in which time their Title had been confirmed by many parliaments, Oaths, Approbations, and public Acts of the commonwealth, and the consent of all foreign Nations. All which had been enough to have authorized a bad Title.   

Those of Lancaster better Princes than those of York.  
The 4 Henry's of the house of Lancaster were far more worthy Princes, than the 4 Princes of the Houses of York; as Edw. 4. Rich. 3. Hen. 8. Edw. 6. And if the affairs of any the former, especially the 3d, succeeded not, the chief cause thereof was the sedition, rebellion and troubles raised by those of York, and their contention against the Princes of the Houses of Lancaster.   

The Cruelty of the Princes of York, one to the other.  
The Princes of York have not been only cruel to their enemies, but to themselves too; embrewing their hands in their own blood: Then when they had ruined th'other, George Duke of Clarence conspired against Edw. 4. his own brother; with whom reconciled, Edw. caused him afterwards to be murdered at Calis. Rich. 3. murdered his two young Nephews; and Henry 8. a great number of that house, as Edmund de la Poole his Cousin German; Henry Duke of Buckingham, his great aunt's son: extinguishing that, and ruining this family. Also Henry Courtney Marquis of Exeter, his own Cousin german, the Lady Margaret Countess of Salisbury, and daughter to George D. of Clarence; and her son the L. Montague, &c.   

The kindness of the Princes of Lancaster.  
But the Love, Union, Confidence, Faithfulness, kindness and loyalty of the Princes of Lancaster towards th'other was very notable, as in the 2 brothers of Henry 4; and the 3 brothers of Henry 5. and in five or six Dukes of Somerset, their near cousins; which argueth both a marvellous confidence those Princes had in that quarrel, and a great blessing of God unto the whole family that agreeed so well.   

The Successes of such noble Houses as followed either party.  
Another blessing seemeth to be bestowed on them; That no ancient great Houses are remaining at this day in England, but such as chiefly took their parts; as, Arundel, Oxford, Northumberland, Westmoreland and Shrewsbury: whereas the chief partakers of the other Faction are all destroyed; as, Mowbray Duke of Norfolk, De la Poole Duke of Suffolk, th' Earl of Salisbury, th' Earl of Warwick, and many others.    

CAP. III.  
Examination of the Title of the house of Scotland. Sect. 28.  

Allegations for the K. of Scots.  
1. THat he is descended of the eldest daughter of Henry 7. without bastardy, or other lawful impediment; and therefore hath the right of priority. 2. The benefit would accrue unto the commonwealth, by the uniting of England and Scotland, a point long sought for. 3. The establishing of true Religion in England.   

He is not of the house of Lancaster, but rather of York.  
He is not descended truly of the house of Lancaster, because not of the Lady Blanch, the true heir thereof: but of Kathathine Swinford, whose children were unlawfully begotten; (though afterwards legitimated by parliament) so that his best Title is by York, inferior to that of Lancaster, and therefore is to come in after them of that house.   

Foreign birth not just impediment in Succession to the Crown of England.  
He is foreign born, and therefore excluded by the Laws of England from inheriting within the land. Answ. 1. This Assertion in an universal sens is false; for a stranger may purchase, and inherit by the right of his wife: 7 & 9 Edw. 4. 11 & 14 Henry. 7. 2. The Statute of 25 Edw. 3. is to be restrained unto proper inheritance only: viz. That no person born out of the Allegiance of England (whose father and mother were not of the same Allegiance at the time of his birth) shall not demand inheritance within the same Allegiance. 3. This Statute toucheth not the Crown, nor any, except express mention be made thereof. 4. The Crown cannot properly be called an inheritance of Allegiance, or within Allegiance; being held immediately from God. 5. The Statute meaneth inheritance by descent only; but the Crown is a thing incorporate, and therefore goeth as by Succession. Now if a Prior, Dean, &c. or other head incorporate, though an alien, may inherit or demand Lands in England, notwithstanding the Statute, much more may the Inheritor to the Crown. 6. Express exception is made in the Statues of Enfants du Roi; which word cannot but include all the King's offspring, and blood-Roial. 7. King Stephen and Henry 2. born out of the Realm, and of parents that were not of the Allegiance of England when they were born, were yet admitted to the Crown without contradiction: which argueth, that by the course of the Common Law there was no such stop against Aliens; and that if the Statute would have abridged the ancient liberty in this case of Succession, it would have made special mention there, which it doth not.   

The King of Scots excluded by the last Will of Henry 8.  
Henry 8. his Will, whereby he excludeth the offspring of Margaret S. 4. Which though somewhat infringed by the testimony of two or three. S 7. yet 'tis plain it was his own Will, because he commanded it to be drawn, written, and sealed, and never revoked it: Besides it is subscribed by many witnesses, and enrolled in the Chancery by his own command; enough to make it good against the assertion of those few, who to please the time wherein they spoke, (in Queen Mary's time) might say and guess the King was past memory when his stamp was put to it. Now to make good what he did, two Acts of parliaments, 28, & 35. of his Reign, gave him full authority to dispose of this Point of Succession, as he and his learned Council should think best for the commonwealth.   

By a Statute made in the 27th. of Elisabeth.  
27. Elisah. a Statute was made, That whosoever shall be convinced to conspire, attempt, or procure the Queen's death, or is privy, or accessary to the same, shall lose all right, title, pretence, claim, or action, that they, or their heirs have, or may have to the Crown of England. Now the late Queen of Scots being attainted and executed by the authority of the said parliament, and for breach of the said Statute, 'tis easy to determine what Title her Son hath, claiming only by her.   

The Uniting of Scotland with England, dangerous to the English, or like to be.  
1. Only the increase of Subjects: but those rather to participate the Commodities of England, than to impart any from Scotland. 2. The natural hatred of that People unto us, and their ancient inclination to join with our enemies the French, and Irish against us, are Arguments of great mischiefs likely to ensue by that conjunction. 3. The Scot must needs hold in jealousy so many Englishmen, competitors of the Blood Royal, and therefore will fortify himself against them by those foreign Nations, of whom he is descended, with whom he is allied, as the Scots, French, Danes, and uncivil Irish, which will prove intolerable to the English. 4. The King, both for his own safety, and for the love he beareth to his own Nation, will advance them, and plant them about him in chief Places of credit; which must needs breed Emulations and Controversies between them and the English: Then must he of Force secretly begin to favour and fortify his own, to the incredible calamity of the other, as Canutus did his Danes, and William the Conqueror his Normans, neither of them enemies to the English blood, nor evil Kings, but careful of their own safeties; for herein it is impossible to be neutral. 5. The Romans with all their Power and policy could never unite the hearts of England and Scotland in peace, nor hold the Scots and North-Irish in obedience of any authority residing in England: What then are we to hope for of this King herein?   

The Religion of Scotland unpleasing to our State.  
His Religion is neither fit for our State, wherein Archbishops, &c. and Officers of Cathedral Churches are of much dignity; and there suppressed: nor will be pleasing to our nobility, to be subject to the exorbitant and popular authority of a few ordinary Ministers; which the King himself is there content to yield unto. And therefore it is likely, that few will be forward to entertain that King for the reforming of Religion here, that hath no better Order in his own at home.   

For the Lady Arabella.  
For the Lady Arabella, is alleged, her being an equal degree of descent with the King of Scots: Her being above him, in all hopes for herself, or benefit to the English, that can be expected in an English Prince, and a Prince born in England.   

Against Her.  
Neither she, nor the Scot are properly of the House of Lancaster: and the Title of Lancaster is before the Pretence of York, ut suprà. 2. The testament of King Henry 8. barreth her as well as the Scot. 3. Her descent is not free from bastardy, for Queen Margaret soon after the death of her first Husband married Steward Lord of Annerdale, who was alive long after her marriage with Anguis: and it is most certain also, That Anguis had another Wife alive when he married the said Queen. All this confirmed by the Lord William Howard (Father to the now Admiral) sent into Scotland by Henry 8. of purpose to inquire thereof; who reported it to King Henry, Queen Mary, and divers others. For this cause King Henry would have letted the marriage between Anguis and his Sister; and chiefly caused him to exclude her issue. 4. She is a Woman, and it were perhaps a great inconvenience, that three of the weak sex should succeed one the other. 5. All her Kindred by her Father is mere Scotish. In England she hath none but by her Mother, the Candishes: a mean family and Kindred for a Princess.    

CAP. VI.  
Examination of the Title of the House of Suffolk: being Darby and Hartford.  

Sect. 29. 30.  
The Earl of Hartford's Children, illegitimate.  
THe Children of the Earl of Hartford descending of Lady Frances, the eldest Daughter of Charles Brandon, are proved illegitimate. 1. Because the Lady Katherine Gray their Mother was lawful Wife to the Earl of Pembroke, (when they were born) not separated from him by lawful authority, or for any just cause; but abandoned by him, because her House was come into misery and disgrace. 2. It could never be lawfully proved that the said Earl and Lady Katherine were married, but only by their own Assertions; not sufficient in Law: Therefore was the marriage disannulled in the Arches, by public and definitive sentence of Parker, Archbishop of Canterbury, not long after the Birth of the said Children. 3. When the Marquess of Dorset married their Grandmother the Lady Frances, he had another lawful Wife, sister to H. Fitz-allen, Earl of Arundel, whom he put away to obtain so great a marriage as was the Lady Frances: This bred much hate between the Marquess and Earl ever after: but the Marquess favour with K. Henry, deprived the other of all remedy. And therefore may their Mother the Lady Katherine seem illegitimate too.   

Bastardy in the issue of Charles Brandon.  
Charles Brandon had a wife alive, when he married the Queen of France, by which wife he had issue the Lady Powyse, wife of the Lord Powyse: and this wife of his lived some time after his marriage with the Queen.   

Darby's Evasion.  
This Wife (say the Friends of Darby) died before the birth of the Lady Eleonor the younger daughter, their ancestor; though after the Birth of the Lady Francis, Hartford's ancestor.   

Hartford's Confutation of the first bastardy.  
To the first Bastardy of Hartford, their Friends affirm, That the Contract between the Lady Katherine, and the Earl of Pembroke was dissolved lawfully, and judicially in the time of Queen Mary.   

Hartford's evasion of the second bastardy, in the behalf of his Second born, Edward Seymore.  
The Lady Katherine being found with Child, affirmed the Earl of Hartford to be the Father: Hereupon he being sent for out of France (where he was with Sir N. Throgmorton, and had got leave to travel into Italy) confessed it at his return; and both of them affirmed they were man and wife: but because they could not prove it by witnesses, and for attempting such a matter with one of the Blood Royal without privity, and licence of the Prince, they were both committed to the Tower: where they used means to meet afterwards, and had the second Son Ed. Seymore. Now the first Son may be legitimate before God, yet illegitimate before men, and therefore incapable of Succession. For the second, to be legitimate, whereas there wanteth nothing but witnesses, (for the presence of Minister is not absolutely necessary) to justify their marriages by Law; The Queen herself, her Counsel, and as many as had the Examination of these parties, upon their first act, or childbirth, are witnesses unto them; besides their resolution to continue man and wife protested before them and confirmed by this effect of their second carnal meeting in the Tower.    

CAP. VII.  
Examination of the Title of the Houses of Clarence and Brittany.  

Against the House of Clarence in general.  
THeir Claim is founded only upon the Daughter of George Duke of Clarence, younger Brother of Ed. 4. So that as long as any lawful issue remaineth of the Daughters of the elder brother, no claim or pretence of theirs can be admitted. 2. If the pretence of Lancast. be better than that of York (as before it seemeth to be proved, S. 36. 38. 40. 42. &c.) then holdeth not this of Clarence, which is merely of York. 3. The House of Clarence hath been often attainted; 1. In George himself. 2. In the Countess of Salisbury his Daughter, and Heir. 3. In the Lord Montague her Son and Heir: whereby their whole interests were cut off. For albeit since those attainders it hath been restored in Blood, yet hath not that been sufficient to recover unto that House the ancient Lands and Titles of honour thereunto belonging: for they were forfeited to the Crown, as is also to the next in Blood unattainted, the prerogative of succeeding to the Crown: unless special mention had been made thereof in their restauration.   

Against the Earl of Huntington, in favour of the pools.  
Upon the attainder of the Lord Montague with his Mother of Salisbury, all such right as they had, or might had being cut off in them, fell upon Geoffrey, brother of the said Lord. 1. Because he was not attainted. 2. He was a degree nearer unto the Duke of Clarence, (and thereby hath the privilege of an Uncle before the niece, (S. 34. 40.) than the Lady Katherine. 3. He was a man, she a woman (and neither of their Fathers in possession of the thing pretended) which privilege of Sex got the last King of Spain the Kingdom of Portugal. 4. Inconvenience of Religion; (this point altered by the death of the last Earl).   

First Title of the Infant; as Heir unto the House of Britain, from William the Conqueror. (Sect. 12.)  
She is descended of the ancient Royal Blood of England: from the eldest Daughter of the Conqueror, Constance: whereof her friends infer two Consequences. 1. When the Conqueror's sons died without issue, or were made incapable of the Crown (as Henry 1. seemed to be for the violence used to his elder brother Robert, and his son William, Sect. 11.) then should the elder sister have entered before King Stephen, who was born of Alice or Adela her younger sister.   

The coming of a Woman no bar to inher: in England.  
Though the Salic Law seemeth to exclude her from the Crown of France; yet from the inheritance of England, Brittany, Aquitaine, &c. coming to her by Women, and falling ordinarily in Women, nor that, nor other Law excludeth her.   

Second Title of the Infant by France, whereof she is Heir general, from Henry 2.  
She is Lineally descended from Eleonor the eldest daughter of Henry 2. (Sect. 15.) by whom she is Heir general of France, and thereby of England (Sect. 15.) for three reasons. 1. King John by the murder of his Nephew Arthur of Brittany, forfeited all his states whatsoever: Now this happened four years before his son Henry 3. was born; and therefore the Crown by right should have come to the said Eleonor his elder sister. 2. Arthur being prisoner in the Castle of Roan, and suspecting that he should be murdered by his Uncle John, nominated the Lady Blanch, daughter and heir to Eleonor to be his Heir; which were it not good, yet when he and his sister was put to death, she and her Mother were next of kin unto them, for any more of England, (S. 12.) 3. John was actually deposed by the Barons and States of the Realm, 16 Regni sui, and Lewis of France the Husband of Blanch elected and admitted, with their whole consent: to whom they swore fealty and Obedience in London, for him and his heirs, and posterity, 1217. giving him possession of London, and the Tower, and many other important places. Now ableit that they chose after his John's son Henry 3; Yet Titles and Interests to Kingdoms once rightly gotten, never die, but remain ever for the posterity to set a foot: so came Hugo Capetus to the Crown of France, Odo Earl of Paris his ancestor, being once elected, admitted, and sworn King, though after deposed, and Charles the simple chosen.   

Third Title of the Infanta, from Henry 3.  
She is Lineally descended of Beatrix, daughter of Henry 3. (S. 17.) Now seeing that the posterity of both her brothers Edward and Edmond, (the heads of the two Houses of Lancaster and York) have oftentimes been attainted, and excluded from the Succession by sundry Acts of Parliament, and at this day are at contention among themselves; why may not the right of both Houses, by Composition, Peace, and Comprimise, at least, be passed over to their sister's issue?   

Objections against the Infanta.  
1. These her Claims are very old and worn out. 2. Her claims are but collateral by sisters. 3. She is a stranger, and Alien born. 4. Her Religion is contrary to the State.   

Answered by those that favour her Title.  
Antiquity hurteth not the goodness of Titles to Kingdoms (when occasion is offered to advance them) which commonly are never presumed to die, & nullum tempus occurrit Regi. 2. Collateral Lines may lawfully be admitted to enter, when the direct either fail, or are to be excluded for other just respect. 3. The point of foreign birth is sufficiently answered before. (Sect. 50.) 4. The impediment of other Religion is not universal, nor admitted in the judgement of all men, but only of such English as differ in Religion from her: to the rest (and those many) it will rather be a motive to favour then hinder her title.    

CAP. VIII.  
Examination of the Houses of Spain and Portugal.  

The duchy of Lancaster belongs to Portugal.  
THe King of Spain is lineally descended from the two daughters of John of Gant, by his two first wives: (Sect. 23, 24.) the former whereof, (the Lady Blanch) being heir of the duchy (Sect. 19) when the posterity of his issue male by her came to be exstinct (as it was in the children of H. 6.) there is no reason, but the issue of his daughters (those that claim by Portugal (Sect. 23) should succeed; at least in the inheritance of that duchy.   

The Crown of England to John of Summersault, son to John of Gant.  
But for the right and title to the Crown of England, which came by John of Gant himself (third son of Edw. 3: and eldest that lived when he died) John Earl of Somerset, though begotten out of matrimony, yet afterwards legitimated (Sect. 25.) his eldest son by Katherine Swinford was to inherit before the Lady Philippe his sister, by the Lady Blanch.   

The first reason of Portugal against Summersault.  
Against which the favourites, of Portugal allege divers reasons. 1. Being born out of Wedlock, and in adultery, (Sect. 25.) and continuing a bastard many years, he could not be made legitimate afterwards by parliament, to that effect of Succession to the Crown, before Q. Philippe of Portugal, and her children born before his legitimation; who thereby had vim acquisitam (as the Law saith) which could not be taken away by any posterior Act of parliament, without consent of the parties interessed.   

Second Reason.  
John King of Portugal married the Lady Philippe, with condition to enjoy all prerogatives that at day were due unto her; which was six or seven years before his legitimation. For Don Alonso and Don Edwardo, the two sons of the said John and Philippe were born in the years 1390, and 1391. And John of Gant married Katherine Swinford, and legitimated her children in the years 1396, & 1397.   

Third Reason.  
The marriage of John of Gant with Katherine Swinford helpeth little to better this legitimation; (which by the rules of the Common and Civil Laws is but a bare deposition:) for their children were Spurii, begotten in plain adultery, not in fornication only; and consequently the Privilege that the Law giveth to the subsequent marriage of the Parties, by legitimating such children as are born in simple fornication (where the parties are single) cannot take place here; nor can any legitimation equal, much less prefer the legitimated, before the lawful and legitimate by birth.   

The Fourth Reason alleged by the favourers of Portugal against the Issue of John of Summersault.  
When Henry 6. and his son were extinguished, and Edw. 4. usurped the Crown, there remained of the Lady Philippe, Alfonse the Fift, King of Portugal her Nephew; of John of Summersault, Margaret Countess of Richmond his niece. The Question is, which of these two Competitors of the house of Lancaster, and in equal degree from John of Gant, and Henry 6. should have Succession by right immediately after the death of Henry 6. Alfonso (say they) for three Reasons. First, he was a man, and Margaret but a woman (though she came of the man, and he of the woman.) 2. He descended of the lawful and eldest daughter; she of the younger brother legitimated. 3. He was of the whole blood to H. 6. and she but of the half: In which regard he was to be preferred, at least, in all the interests of Succession which were to be had from Henry 4. only, and were never in his father John of Gant, which were many; as his right gotten by arms, upon the evil government of the former King; his Election by parliament, and Coronation by the Realm, &c. (see for the rest Sect. 35. 43.) Besides when King Richard 2. was dead, he was next in degree of propinquity unto him of any man living; as hath before been proved, Sect. 36.    

CAP. ix..  
The genealogy, and Controversies of Portugal.  

76.  
The genealogy of Portugal.  
Emanuel had by one wife six children. 1. John 3. he John, that died in his father's time; he Sebastian, slain by the Moors in Barbary. 2. Isabel Grandmother to the present King of Spain. 3. Beatrix, Grandmother to the Duke of Savoy. 4. Lewis, father of Don Antonio, lately deceased in England. 5. Henry Cardinal, and after King. 6. Edw. father of Mary Duchess of Parma, who hath two sons, Ranuntius Duke of Parma, and Edward a Cardinal, and father of Katherine, Duchess of Bragança yet living; whose Issue is, Theodosius Duke of Bragança, Edward, Alexander and Philippe, young Princes of great expectation.   

Five pretenders unto the Crown of Portugal.  
Sebastian being dead, Henry son of Emanuel succeeded; who being old, unmarried, unlikely to have issue; before him was debated the right of five Pretenders to the Succession of that Crown; vid. Philippe of Spain, Philibert Duke of Savoy, the Duke of Parma (his mother being then deceased) Don Antonio, and the Duchess of Bragança: the three first by their Deputies, the fourth (Anthonio) by himself, and for himself; the fift by her husband the Duke and his learned Council. Of these, the Duke of Savoy was soon excluded, because his mother was younger sister to K. Philip's mother, and himself younger than Philippe.   

Don Antonio a Bastard, and excluded.  
Don Antonio was also rejected and pronounced a bastard by the said King Henry, for many reasons. 1. He was taken to be so all his father's life time, and that without question. 2. Certain Decrees coming out from Rome, in the time of Julius 3. against the promotion of bastards; he sued to the said Pope to be dispensed withal. 3 His father Don Lewis hath oftentimes testified by word and writing that he was his Bastard, and signified as much in his last will. 4. It is likely that if Lewis had married his mother, who was base in birth, and of the Jewish (as some stories affirm) he would have made some of his friends and kindred acquainted therewith, as a matter so much important to them to know; which he never did: though the King avowed himself was present with him at his death. 5. If he had been legitimate, why did he not pretend the Succession before the said King, next after the death of Sebastian, being son to his elder brother, as well as was Sebastian. 6. Whereas he had produced witnesses (vid. his mother, sister, with her husband, and two others) to prove, that his father before his death had married with his mother in secret: the said K. Cardinal affirmed, that upon their examination he had found they were suborned by Anthonio: because they agreed not in their reports, and because some of them confessed they were suborned: whereupon he hath caused them to be punished.   

If not, why not Duke of Lanc.  
Seeing that in England we hold the said Don Anthonio for true King of Portugal, I see not how we can deny his children their right, at least to the duchy of Lancaster: whereof whosoever is right heir of Portugal, should be rightest heir, (Sect. 70.).   

Allegations to prove the Duke of Parm's right.  
That he represented his mother, and she her father, Lo. Edward, who, had he been alive, had carried it from his elder sister Elisa. K. Philip's 2. mother: consequently his issue to be preferred before hers. 2. Against the Duchess of Bragança, that his mother was the elder sister, therefore he who represented her person, was to be preferred before her.   

For the Duchess of Bragança, and against the point of Representation.  
She was born and bred in Portugal: Philip and Parma were foreign. 2. She was nearer by a degree unto Emanuel, and Henry the Cardinal, than the Duke of Parma. 3. Against the representation urged by Parma, that no representation was admitten in the Succession to the Crown of Portugal; but that every pretender was to be taken and preferred according to the Prerogatives only of his Person, as the next in propinquity of blood, or the man before the woman, and the elder before the younger, if they be in equal degree of propinquity to the former Kings.   

Touching Representations. (Contra Sect. 40.)  
The last King Sebastian entered the Crown by way of Representation, not by propinquity of blood, the Cardinal being brother, and he but Nephew unto the former King John 3. (Sect. 82.) Answ. he was of the right descendant line of K. John 3. and the Cardinal but of the Collateral; and all Law alloweth the right line to be served and preferred before the Collateral be admitted: This was the cause of his coming to the Crown, and not representation.   

Allegations of King Philip's right to Portugal.  
Seeing then that Representation was not admitted, but every Pretendor considered in his own person only (Sect. 82.) King Philip being in equal degree of propinquity of blood with the Duchesses, alleged he was to be preferred before them both: because a man, and born before them. 2. The inheritance of Portugal (besides that it belonged to the Crown of Castille, of old evidently belonged to John, King of Castille, by the marriage of Beatrix, daughter and heir of Ferdinand King of Portugal: after whose death it was conferred by election of the People on John, M. of Avis, bastard-brother of the foresaid Ferdinand: & by him the said Beatrix, and her posterity wrongfully debarred and excluded.   

King Philip his own carver in Spain.  
When these contentions were at the hottest, died the K. Cardinal, before he could decide them. Whereupon the K. of Spain taking his right to be best; and (Because a Monarch, and under no temporal judge) thinking he was not bound to attend any other, or further judgement in the matter, but might by force put himself in possession of his own (as he took it,) if otherwise he might not have it; he entered upon Portugal by force of Arms, and at this day holdeth it peaceably. The end of the controversy.   

An Objection in behalf of Representation in the Succession of England.  
Representation taketh place in England: So as the children of the son, though women, shall ever be preferred before those of the daughter, though men. Therefore seeing the Lady Philippes right to the Dukedom of Lancaster, and Crown of England (mentioned Sect. 70, 72, &c.) is to be preferred according to the Laws of England; only it followeth, that the right of Succession pretended by the Princes of Portugal from the said Lady Philippe, should be determined only by the Laws of England, which admit of Representation.   

Answer to the former Objection.  
The question is not here, by what Law this pretence by Portugal to the Crown of England is to be tried: but rather who is the true and next heir of John of Portugal, and the Lady Philippe, heir of Lancaster: which once known, it little importeth by what Law he pretendeth his right unto England; whether of Portugal, or England: though to determine this first and chief point of the Succession of Portugal, the Laws of Portugal must needs be the only Judges, and not those of England.    

CAP. X.  
Whether it be better to live under a foreign or a Home-born Prince, a great Monarch, or a little King.  

Against Forrein-Government the opinion of lawmakers.  
ARistotle, 
Answered (S. 112).  in all the different Forms of commonwealths which he prescribeth in his 8 books of politics, ever presupposeth, that the Government shall be by people of the selfsame Nation: the same also do presume all the lawmakers therein mentioned; as, Minos, Solon, Lycurgus, Numa Pompilius, and the rest.   

Of Orators and Writerr.  
Demosthenes his famous invectives against Philip of Macedonia, that desired to encroach upon the State of Greece; 
Answered (S. 113).  and his Orations against Eschines, who was thought secretly to favour the pretences of the said foreign Princes. The books of the Italians, when they speak of their former subjection to the Lombardes', Germans, French, and their present to the Spaniard. The late writings of the French against the power of the house of Guise and Lorraine, whom they hold for strangers.   

Of Nations by their Proceedings and Designs.  
The desperate and bloody executions of divers Nations, 
Answ. (S. 111)  to th'end they might rid themselves from stranger's dominion, are arguments of the very impression of nature herself in this matter: for examples whereof, see Q. Curtius, lib. 5. & 6. And the Sicilians, who at one Evensong-tide slew all the French within their island, whom themselves had called and invited thither not long before. And the English, who murdered all the Danes at one time: and would have done as much for the Normans, if themselves had been strong enough, or the adverse party less vigilant. And the French in the time of Charles the 7. when nothing could repress them from revolting everywhere against the English Government, of which at length by hook and crook they wholly freed themselves.   

Of Holy Scripture.  
The authority of holy Scriptures is evident in this behalf; 
Answ (S. 114.)  Deut. 17. 16. Thou shalt make them King over thee whom the LORD thy GOD shall choose out of the number of thy brethren: thou mayst not set a stranger over thee, which is not of thy brethren.   

In the behalf of foreign Government.  
This hatred of Stranger's Government, is but a vulgar aversion of passionate, or foolish men; Passionate by corruption of nature, whereby men are inclined to think evil of others; especially their Governors; and the more the farther they are from us in kindred or acquaintance; foolish, as those that weigh not the true reasons, causes, or effects of things; but only the outward show, and popular apprehension, grounded for the most part in the imagination, or incitation of others, who endeavour only to procure tumults.   

It importeth not what Countrimam the Prince be, so his Goverement be good.  
All passion against stranger, or unto others laid aside, we are only to respect the fruits of good and profitable Government; the peace and propriety of the Subject: which what Prince (Be he native or foreign) soëver procureth us, is fittest for ours or any other Government: for after a Prince is established, the common subject hath no more conversation with him, nor receiveth further personal benefits of him, than of a mere stranger. Then if he govern ill, what is the Subject the better by his being Home-born.   

Home-born Princes and Tyrants.  
As in the like case the children of Israël said of Rehoboam, Quae nobis pars in David, vel quae haereditas in filio Jesse? 3 King. 12. 16. whom they abandoned, and chose Jeroboam his servant, and a stranger. And what availed it the Duke of Gloucester, Tho. of Woodstock, that he lived under his Nephew Ric. 2. or the Duke of Clarence the right of his brother (Sect. 4.) or the De la pools, Staffords, Plantagenets, their being under their near kinsman Henry 8. by whom they lost both their lives, possessions and kindred. Many other examples might be drawn from the Romans, Sicilians, Spanish, English, &c. who have been much the worse for their home-born Princes.   

Opinion, and the being under several Governors, make's strangers, or no strangers.  
Who be strangers, and who not, dependeth much of the opinion and affection of each people, and nation the one towards the other: but chiefly their being under the same, or several Governments. The house of Guise, and their kindred, were held for strangers in France; yet came they but out of Lorraine, a Province bordering upon France; and of the same nation, language, and manners; only under another Prince. The Florentines are hated and held strangers in Sienna, where they govern: albeit the one State be not 30 miles from the other; and both of one nation, language, and education. On the contrary, the Biscayns hold not the castilians for strangers; nor the Normans and Britains the French; nor the Welsh the the English; a different people, and of different language.   

Three means of coming under foreign Government.  
One Nation may become subject to another, either by Conquest, as the Welsh were to the English; the English to the Normans and Danes, Sicilia and Naples to the Spaniards, &c. Or inheritance, as Aquitaine and Normandy to England; the 17 Provinces to Spain; Brittany to France. Or by mixed means of force and composition, as Milan to Spain; Ireland to England; and Portugal in our days to Spain.   

The Condition of Conquest, and the wisest Conquerors.  
Conquest is of these three the hardest for the Subject, all standing at the Will and humour of the Conqueror, whom either anger, fear, or jealousy of his assurance may often drive to hold a hard hand over the Conquered; at least for a time, until his State be settled: Yet have these ever (at least the wisest) dealt like physicians, who after a vehement Purgation minister Lenitives, and soft Medicines, to calm and appease the good humours left, and to strengthen the whole body again, that it may hold out.   

Commendation of the Roman Government, best to their foreign Subjects.  
The carriage of the Romans was so just, considerate, sweet, and modest towards all foreign Nations they had conquered, that it allured divers Nations to desire to be under them, and to be rid of their natural Kings; as the Subjects of Antiochus, and Mithridates. Other Kings to gratify their subjects, nominated the Roman Empire for their successor, as Attalus of Pergamus, and Ptolemy of Egypt, and others. Their manner was to do most favours, and give most privileges unto the most remote Nations, they having the best ability to Rebel against them: wherein this circumstance of being most strangers, most helped them.   

So are the French to the Britains, &c.  
The like rule of policy have all great Monarchs used ever since. As in France the States of gascony and Guyen (conquered from the English) pay far less tribute to the King, than those of the isle of France itself. The Britains which were old enemies, and came to the Crown by marriage, pay much less than they. The Normans somewhat more than either, because they lie somewhat nearer to Paris; yet less than the natural Frenchmen.   

Venetians to Candia.  
The Candians pay not the third part of the Impositions (unto the State of Venice, whereto they are subject) that do the natural subjects of Venice, in Italy: because it is an island a part, and standeth further off.   

Spaniards to their Subjects of Italy.  
The Subjects of Naples, Sicily, and Milan, pay not the Aloavalla; viz. the tenth penny of all that is bought and sold, and imposed upon the natural Spaniards; nor are they subject to the Inquisition of Spain (especially not Naples and Milan) nor doth any Law, or Edict made in Spain hold in those Countries, except it be allowed by the States thereof; Nor may any of their old privileges be infringed, but by their own consents: Nor are they charged with any part of the extraordinary Subsidies, which the King requireth of Spain.   

And of the Low-Countries.  
The Flemings enjoyed great tranquillity under the Dominion of Spain, before they revolted: having a Governor of another Nation over them: but his time being but short, he strove principally to get, and hold the people's good will, thereby to be grateful to his King at his return home: and if he attempted aught against them, they complained by their Chancellor residing for them in the Spanish Court (for all foreign Nations have their particular Counsel there about the King) and by his mediation, obtained many privileges. Now in the space of 28. (in all which time they have been suffered to traffic freely into Spain) years of their Revolt, there hath not a quarter so many been punished by order of justice, as Conte Lewis their natural Prince caused to be executed in one day in Brussels, which were 500 Nor had Alva any thank of the King, for putting to death Count Egmont, and horn; whereas in Arragon, a nearer State, there were many heads chopped off upon a late insurrection. So that the Circumstance of being strangers, and dwelling far off, doth them great pleasure, and giveth them many privileges above the home-born, or near limiting subjects.   

The States of Italy better Governed by their late Vice-Roys, than their former home-born Princes.  
In Italy, if you compare the number of the afflicted, and executed by Justice, or otherwise, under their home-born Kings, with that which hath been since, you shall find twenty for one, especially of the nobility: the reason is, their Kings were absolute, and acomptant to no man; and being but men, and having their passions and emulations with the nobility, which they might satisfy without control; they pulled down and set up at pleasure, and oftentimes made but a jest of noblemens' lives and deaths. But Viceroys have no authority, nor commission to touch principal persons lives, without relation given thereof to your King and Council, and their order touching it. Then knowing that after their three years' Government is ended, they must stay forty days as private men, under the succeeding Governor, to answer their former proceedings against all that shall accuse them; they take heed what they do, and whom they offend.   

The late Kings of England extremely cruel to their nobility.  
To come nearer home, and to omit those which in the time of Wars, Rebellions, and Commotions (occasions somewhat justifiable) have been cut off, within the space of one five years of Henry 4. there were executed in peace by Justice, and the Prince's Command, 2 Dukes, 1 Archbishop, 5 Earls, the Baron of Kinderton, and four Knights. Within almost as little a space of Ed. 4. his time, 2 Dukes, 3 Earls, 2 Barons, 3 Knights, and many other afterwards (for this was but in the beginning of his Reign) But when all doubt of Contention about Succession (which moved those two Kings, the more excusably, to these cruelties) was taken away, in Henry 8. his time, were either cut off, or clean put down, 2 Queens his wives, 3 Cardinals, 3 Dukes, 1 Marquess, 2 Earls, 2 Countesses, 6 Lords, 6 or 7 Abbots, Knights in great number, Gentlemen infinite; What Spaniard could, or durst have done so much?   

Better to live under a Great, than a little Monarch.  
1 He is best able to defend, and protect his subjects. 2 He hath ordinarily lest need to Pill, and Pole them; (for a little King, though never so mean, will keep the State of a King, which his subjects must maintain) 3 He hath more to bestow upon his subjects, for reward of Virtue, or valour. A great Prerogative unto every subject, to be born under one that hath much to give; whereas he that is born in the Cities of Geneva, or Genoa (let him be of what ability, or worth soëver) can hope for no more preferment than those commonwealths can give, which is all too little; what then would it be, were there many worthy men born there at one time?   

A foreign Prince living among us without foreign Forces.  
Another manner of living under foreign Princes, is when the Prince cometh to dwell among us without Forces; As did King Stephen and Henry 2. who were natural Frenchmen, and as King Philip in Queen Mary's time here in England; and the last King of France in Polonia; so should his Brother Monsieur have done here if the marriage between him and the Queen had gone forward.   

Fit for our present State, and beneficial to any.  
No danger, nor inconvenience can justly be feared from such a King: The benefits are, 1 He subjecteth himself rather to the Realm and Nation, than they to him, and if he live, and marry in England, both he and his Children will quickly become English: 2 For his assurance, he must be enforced to cherish the English, thereby to gain, and perpetuate to himself their goodwill and friendship; 3 He entereth with indifferent mind towards all men, having no kindred, or alliance within the Land, to whom he is bound, nor enemy against whom he may be incensed; so as only merit and demerit of each man must move him to favour or disfavor, a great foundation of good and equal Government. 4 He might be admitted upon such Compositions and Agreement, as both the Realm should enjoy her ancient Liberties, and perhaps more (for foreign Princes upon such occasions of their preferment commonly yield to much more than the Domestical) and the home-born Pretenders should remain with more security, than they can well hope for under an English Competitor.   

A foreign Prince, with foreign Support.  
A third manner is, when the Prince bringeth Forces with him for his own assurance, and these either present; as the Danish Kings, and after them the three first Norman Princes (who either by the help of their first subjects already in England, or by others brought in by them afterwards, wrought their evil) Or that his Forces be so near, as he may call them in when he listeth, and that without resistance, as may the Scot, whom no Sea divideth from us.   

Insupportable to our, or any State whatsoever.  
All danger and inconveniences may justly be feared from such a King; yea all the mischiefs, either of Domestical or foreign Governments. For those of a Domestical Prince are, Pride, cruelty, partiality, pursuing of Factions, particular Hatred, extraordinary advancing of his own Kindred, extreme pinching and punishing of the Subject, being sure of his own party within the Realm, by reason of his presence, and therefore the less respective of others. These vices such a foreign Prince is the more subject too, than the Domestical, as having both external Counsel of a People that hate us, to incense him, and their external Force to effect his and their Designs. The mischiefs of foreign Government are, tyranny of the Prince, the servitude of the People; filling and planting the Realm with strangers, and dividing among them the honours, Dignities, Riches, and Preferment thereof. All which are incident (in all probability) to the third kind of Government, and to be feared in the succession of the King of Scots, whose case is within the second Branch thereof, and may hereafter be within the first.   

Foreign Princes affected by some Countries. Best Roman Emperors, strangers.  
Where Kings go by Election, commonly they take Strangers (in the second kind Sect. 105.) so did the lacedaemonians and Romans in their first monarchy; and of late the Polonians in the Succession of their three last Kings; and the Venetians by way of good policy, have made a perpetual Law, That when they are to War, and must needs choose a General, he be a stranger; to wit, some Prince of Italy, who is out of their own States; thereby to have him the more indifferent, and equal to them all. Among the latter Romans, their best, and most famous Emperors were strangers, as Trajan and Adrian, Spaniards: Septimius Severus, an African; Constantine, English: Their worst Romans, as Caligula, Nero, Heliogabalus, Commodus.   

Foreign Government: which best, which worst.  
This Second then▪ (S. 105.) is the best: In the first kind, of being under foreign Government, and as a Province to be ruled by Deputies, viceroys, &c. as the States mentioned (S. 19) and as all the Provinces of the old Roman's States were, all things considered▪ and one taken with another, the Commodities and Securities are more, and the damages and danger less, than in the Government of Domestical Princes: And all the mischiefs of foreign Government are only incident to the third and last (S. 105.) Other imputations to the other two proceeded, from the blindness and passion of the vulgar, and some private men most likely to be interessed therein. (S. 91.)   

An Answer to the former Objection (S. 89.) against foreign Government.  
Upon other occasions and humours, the vulgar will do as much against their own countrymen and Princes, as the Sicilians did against the French, &c. (S. 89.) and often have, both in England and else where, when they have been offended, or that seditious heads have offered themselves to lead them into tumults.   

Aristotle Answered, (S. 89.)  
Aristotle in his politics never handled expressly this our Question, and consequently weighed not the reasons on both sides, and so left it neither decided nor impugned; and he that was Alexander's Master, the Master of so many foreign Countries, could not well condemn it.   

Demosthenes Answered, (S. 88)  
Demosthenes was well feed by the King of Asia, to the end he should set Athens, and other Grecian Cities at odds with Philip. On the other side, if Athens a Popular Government wherein the force of his tongue made him have greatest sway and authority, were to have come under a Monarch, he should have been in like credit: as he fell out to be: for all the time that Alexander lived, he continued in banishment.   

Answer to the Objection out of Deut. (S. 90.)  
When the Command was given in Deut. no Nation besides the Jews had true Religion among them; the chiefest and highest think to be expected in the admission of any Magistrate; for that it concerneth the true and highest end of a commonwealth, and of all human society: but Christ's coming into the world took away this restraint: So that all Christian Nations are alike, for so much as belongeth unto Government.    

CAP. XI.  
Examination of the likelihood of each Pretender to the Crown of England.  

Whereby a Pretender may soonest prevail.  
THe prevailing, or not prevailing consisteth either in the Religion of the Pretender, or in the Strength of his particular family, Friends and Allies, both at home and abroad.   

Every one will prefer a Prince of his own Religion.  
Religion (being at this day threefold, viz. Protestancy, Puritanism, and papistry) is likely to be of much respect in the Advancement or Depression of each Pretender. And albeit in the entrance of King Ed. 6. Queen Mary and her majesty, divers men of different Religions, for other respects concurred together in those Prince's Advancement, (which many of them repented after at better leisure) yet 'tis now likely to be otherwise. 1 Because the Titles of Pretenders are now more doubtful. 2 Men are become more resolute in matters of Religion, and by long contending, the greater enemies. 3▪ Men of a good Conscience will hold it a point of little zeal at least, if not of Atheism, to set their hands to the Advancing of a Prince of contrary Religion to themselves. 4 Men of discretion hold it to be against all Rules of policy, to promote to a Kingdom in which themselves must live, one of a contrary Religion: for let what bargains, agreements, vain hopes, promises soever be made before hand; yet the Princes once settled, they are sure to be oppressed by degrees: So that they must either dissemble, or suffer persecution.   

The likelihoods of the Protestant party.  
The Protestant, that hath the power and authority of the State in his hands, is likely to do much; especially if he can conceal for a time the decease of her majesty, until he may put his Affairs in order: but this is held to be either impossible, or very hard; so ardent are mens' minds in such occasions, and so capable of new designments, impressions, and desires are all kind of subjects upon such great changes. The most wealthy, and strong Member of this body is the clergy, as Bishops, &c. and their followers: the nobility and privy Council are uncertain. The House of Hertford was wont to be in their favour, but of late they are the more devoted to Arabella, and the House of Derby.   

Privy Council out of office during the vacancy of Princes.  
Though the authority of the privy Council be supreme during the Prince's life; yet it is not so afterwards: nor have they any public authority at all, but according to their several former callings of Noblemen and Gentlemen. Then is every man free, until a new Prince be established by the commonwealth, which establishment dependeth not upon the appointment or will of any few, or upon any man's proclaiming of himself (for divers are like to do so) but upon a general Consent of the whole body of the Realm.   

The Strength and Affection of the Puritans.  
The Puritans, whose profession seemeth to be the more perfect, are more generally favoured throughout the Realm, (if not of Papists) than the Protestant; which makes even all those Protestants, who are less interessed in Ecclesiastical livings, or other preferments depending on the State, very much affected to them. Their side is held to be the most ardent, quick, bold, resolute of any other: as those which have a great part of the best Captains, and soldiers, and great Towns (where Preachers have made the more impression in the Artificers, and Burgesses) much devoted to them: Nor want they probabilities of having the City of London, the Tower, and most part of the navy much inclined to them: Their foreign party will be the reformed Churches of France (now not many) and of the Low▪ Countries. The Earl of Huntington was the Lord Beacham (by reason of his marriage) is most affected by them. The King of Scots, if not a stranger) would also be for his Religion very plausible.   

The Strength and Affection of the Papists.  
The Papists, lest in show, because held under, yet are of small consideration in respect of their home and foreign party. At home they are either Recusants, or such as accommodate themselves, for wordlie respects, unto all external proceedings of the time and State; of which sort are the most part of the country People, of whom the contrary Preachers are not so frequent. To them such as are discontented do easily join also, & omnes qui amaro animo sunt cum illis se conjungunt. 1 Reg. 22. 2. as the most afflicted by the present state. Besides, there is ever likely a certain natural compassion in most men towards those that suffer, and of compassion cometh affection, of affection desire to help. Moreover the persecution against the Papists hath much stirred them up to far more eager defence of their Cause, and hath wrought a great impression in their hearts. Their affection is thought indifferent towards any one, be he Stranger or Domestical, who is likest to restore their religion; not much inclined to any one of the pretenders in particular: a point of great Consequence, by reason of the incertainty, and likely to give them great sway, wheresoever they shall bend at that day.   

The foreign Strength of the Papists very great and important.  
The foreign Helps are (besides the exiled English, who have both Friends and Kindred at home) the affections of foreign Princes, & States favourers of their Religion; whose Ports, Towns, and Provinces be near upon England round about; and for such a time and purpose cannot want commodity to give succour; which thing weighed together with the known inclination that way of Ireland, and the late declaration made by many of the Scottish nobility and gentry, to favour that Cause, are arguments that this body is also great and strong, and likely to bear no small sway in the deciding of this controversy.   

For, and Against the King of Scots.  
Likelihoods of the Scot, besides the priority of his Title in vulgar opinion, are his Youth, his being a King, his moderate Nature, having shed little blood hitherto, his affection in Religion to such as like thereof: On the other-side, the Reasons of State before alleged against him, especially his Alliance with the Danes, and dependence of the Scottish Nation seem to weigh much with Englishmen (S. 53.)   

For, and Against the Lady Arabella.  
For Arabella is alleged her being a young Lady, and thereby fit to procure affections; and that by her marriage she may join some other title with her own, and thereby friends. Against her, her being nothing at all Allied with the nobility of England; her Title as doubtful as the rest, if not more (S. 56.) Her Religion can be no great motive either for, or against her: for by all likelihood it is as tender yet, green and flaxible, as is her age, and sex.   

The Kindred and power of Beacham and Derbie.  
The Lord Beacham and Earl of Derbie have had their Titles examined before, (Cap. 6.) Their difference in mean and Kindred is great: For Derbie far exceedeth the other in both: For the Kindred of Hertford are but few, his father being the first raiser of his House: But Derbie hath, besides the Stanleys (which are many, and of good power) the Lords Sturton, Monteagle, Morley, Dacres of the North, the Earl of Cumberland, some of the Arundels, Poyne of Gloucester, and many others; besides Lancaster, Cheshire, and North-Wales; which for the most part depend upon him.   

The Likelihoods of the Earl of Huntington.  
The Earl of Huntington his Alliance is not great; in the last Earl it was, the Earl of Leicester, and Warwick, and Sir Philip Sidney living; besides he was like to have the whole power of London (a matter of great importance and which advanced Ed. 4. two several times) by which means, and by all the forces and affection of the Puritan, and much of the Protestant, he was thought to be in great forwardness. But now these great pillars failing, no man can assure himself what the success of this Earl or his issue will be.   

A Short Survey of all foreign Pretenders.  
The Infanta Pretendent of the House of Britain is a Princess of rare parts, both for beauty, wisdom, and Piety. The two young Princes of Parma were imps of great expectation, and divers ways near of Kin to the Spaniard; As near to whom are the Children of the Duchess of Bragança, who are all Princes of rare Virtue and valour; and of singular affection to the English nation; which divers of them, travelling Portugal, have tasted. What the means of the Spaniard is, all the world may see; what his, or any of their success will be in this matter, no man can determine.   

That there will be Wars about the Succession.  
This Affair will not be ended by any possibility moral without some War, at least wise, for some time at the beginning; and that for divers Reasons.   

The First Reason.  
The matter cannot be Disputed and determined during Her majesty's life without evident danger of her person, for many Causes in the like case, and especially now, that she groweth to be old, and without hope of issue.   

The Second Reason.  
The Declaration of an Heir arparent now made, would move infinite humours and Affections within the Realm, and stir coals, and cast firebrands over all the Kingdom (perhaps further) which now lie raked up and hidden in the Embers.   

The Third Reason.  
The Declaration, though it were now made by parliament or authority of her majesty, would not fully end the controversy: For albeit some Pretenders that should be passed over or put back, would perhaps be silent for the present; yet afterwards 'tis certain they would both speak and spurn when occasion were offered.   

The Fourth Reason.  
This Declaration would be dangerous to him were declared: for on the one side it would make her majesty very jealous of him; On the other side, unite and arm all other Pretenders, and their followers, against him: And of all recounted by our Histories, to be declared in this manner none (being not King's Children) ever came to Reign.   

The Fifth Reason.  
The Pretenders being so many, and their Pretences so ambiguous as they be, it is to be thought, That none, or few will presently at the beginning abandon their Hopes and Titles, but prove at lest what Friends will stand to them, and how matters will go for, or against them; especially seeing they may do it without danger of Law, their Rights and Pretences being manifest: and for this first Assay arms are necessary.   

The Sixth Reason.  
If any would in process of time forgo their Titles (as divers will at length, and many must, for one only can speed) yet that they be not seized or oppressed on a sudden, and at first by the adverse party, as the course is in such cases, 'tis likely each one will arm himself and friends at the beginning: for better Conditions will be granted them being armed, than being naked; and the more that stand together on their guard, the easier and sooner Peace may they procure of him that Prevaileth: for a displeasure is sooner pardoned to a multitude, or potent adversary, than to one, or a weak one. Now the Common peril of the not prevailers, knitting them together for their own defence, besides their own safeguard, will be the ground of much security to him also that Reigneth: they being not likely to conspire against him, because they are many, and by consequent not easily drawn to agree among themselves, whom to prefer, where he pulled down.   

No main battle, but rather a Composition.  
This matter is not like to come easily to any great or main battle, but rather to be ended at length by some Composition and general Agraement: and that for this Reason.   

The Reason.  
The Pretenders are many, and their Power and Friends lying in divers and different parts of the Realm; they will one fear the other, and seek to fortify themselves where their strength lieth, especially towards the Ports and Seafide, for receiving of succour. Therefore will they not much urge nor press one the other in the beginning, but every part attended rather to strengthen itself for the time.   

Which of the Pretenders are likeliest to bear it.  
There be two sorts of Pretenders, the one foreign, the other English: Of foreign, the Infanta it likest to bear it, or some other by her Title, laid upon him by her friend's goodwill. Of Domestical, the Earl of Hartford's second Son.   

Of foreign, the Infanta, and why.  
1 She is a Woman, and may easily join (if her Father will) the Titles of Brittany and Portugal together. 2 She is unmarried, and by her marriage may make some other Composition, either at home or abroad, that may facilitate the matter. 3 She is a great Princess, and fit for some great State; and other Princes of Christendom would perhaps more willingly concur in such a composition of matters by her, and by casting all foreign Titles on her, than that the King of Spain should add this Kingdom unto his monarchy: A thing which those Princes his neighbours in reason of State, would not so well allow of. 4 Some such moderation would take away much of the aversion of the English from foreign Government: For hereby no subjection would be feared to any foreign Realm, but rather divers benefits to the Realm of England. (S. 106.)   

Of Domestical, the Earl of Hartford's second Son, and why.  
He seemeth to be cleared of the bastardy that lieth nearest of all upon those Children; and therefore to be preferred before his elder Brother (S. 62.) 2 He is unmarried, a point of no small moment for the joining or fortifying of titles, and for making of Compositions of Peace and Union with the opposite parties. 3 His Religion is not 〈◊〉, and consequently every party may hope to draw him to their sides; being free to follow what he shall think most expedient for his own advancement, without Knot or Obligation to follow other mens' affections or judgements; as he would be presumed to be, were he married, or much obliged to any other family.  
FINIS.    

THIS Manuscript Treatise of Broken successions of the Crown of England, coming from the hands of a Popish Priest, and comprehending the substance of what was written and published by Father Parson's the Jesuit, under the name of Doleman, for ends best known to themselves; but justly suspected, to be no way for the Freedom of the English Nation, may give the greater occasion for the wisdom of latter times, to prevent those Commotions towards confusion, as might seem to threaten a second Part of that horrid Design of the gunpower Treason, Novemb. 5. 1604.