9^ A CONFERENCE Abovt the NEXT SVCCESSION TO T H E C R O W N E O F I N THE FIRST CONTEYNETH THE difcoutfe of a ciuill Lavvyei, how and ip what manner propinquity o^blood is to he preferred. And thcfecond the fprech of a Tempcwall Lavvycr, about the particuler titles of allfuch as do or may pretcn4c vvithirt logland or without, to the next (uceellion. » When vnt0 is alfo added a nfT^&ferfe^ drhoY ergened^ logie of the dtf cents of all the hinges and princes of IngUnd.jrom the conquefi vnto this day, "imherebj cock mans pretence is made more pUine. DiRicfiD TO r n 1 right ho- norablc the earlc of Essex of her Malcftics priuy counccll,5c of the noble order of the Garter. LAND, DIVIDED IN TO TWO f A KT h f . VV H E R E-O F Pablifhcd by R, Doleman. Imprinted at N. with Licenced Mt X C I I I I. tHE SOMME OF BOTHE PAR. TES MORI IN PARTICVLER. THcfirftdccIareth by many proofcs & argu- ments that the nexrpropinquitic or ancetry of blood a!one,ihough it were certaynly knowne, yet that it is not fufficient to be admitted to a crowne, without other coditions and circumftan* ces requifit be foundc alfo in the perfon pretcdent. T He (ccondcxamineth the titles and preten- tions of al fnch as may hane claymeor a<5Hcn to the crowne of Ingland at this day^what may b^ faid for thcm,and what agaynft them, and in the end, though he leaue the matter extreme doubtful as touching the bed right, yet he giueth cerrayne coniedurcs about fome perfons that are lykeft topteuaiie. TO THE RIGHT HONORABLE THE EARLE ' OF ESSEX, OF HER MAIESTIES r R I V V c o y N c E L* VFo prmdpa/ caujes among t hers (right honor able)are x^ot to imite me to dedicate any bookt or treat ife to a fcrfon inautha- ritie^ the one priuate duty ob- ligati)Q,the other publiquevtility^ in rejpeci that the matter may concearm that ferfon for the como good. And to cofejje the truth, bothofthefeioyntlyM^^ motiedme at thu tyme^to present vntoyour honour ahoue others y the tvoo hookes en(uing,vohtchconteyne acenferenceh^d m Holland not long fince, about the pretences ^ pre* tenders to the crov^ne oflngland , as your honour fhall ^ercedue by the preface of each booke^t^ ther- fore herof I fhall need fay no morejbut only declare the fore faidtvoo caufes of this dedication. Fir si then I fxyejhat myparticuler obligation, towards your hmottrs perfon/ifeth partly of good turnes and benefites receaued by fomejrendes of mjne at your Lor df hips handes^in your Ufl voyage ^ exploits in Frace, but principally of far greater fauours receaued from your noble anceflors , / mane not fftly ypur father VpJ^ofe vntimclj death * 2 VPOS The Epiflle dcdicatoric roOS to Inglad mfm^IIe xvoude , but cfyonr gradfd- t her alfo, that vporthy Knight Sir VFxlter Denorax vcfho though he liued not to come to thofe titles of honor yVpher unto hexvd^ borne-^ jet left he hehinde him [o Tsre a memory for his excellent partes of lerning, voityfeuter ofbody,curtefte,(^ other fuch noble commedationSy^s none in Ingland perbapps the lykcin our tyme , xoherinaljo hath lined your honours ^eat grandfather Sir Henry Deuorax vifconde Ferys voelrememhred yet by diners of fny faid frendes ohliged'vnto him, as alfo recorded bf our Inglifh hifofies, ^ wll for his merits (jr Vporthines ^ in Ijh manner for his match mth the heyre of the mofi famous ^ noble houfe of the Bourchers earUs of Effex^ufherofatfoyour honour is knimne to bedifceded , (jr to hold at this day as Tpel their nobilitie ofUoode as dignitie of title, ^ this fhallferue in this place for my pertictder obli- gdtioniopherofperh^pps here-after vppon other oc- cafton , I may gi tie further relation and teflimony to the wrld.in token of my gratitude. Btitfor the fecond pointe cfpnbliqitt vtilitiej thought no man more ftt thenyot^r honour to de- dicate t hefe trco botches vnto, xohich treat e of the fuccefsion to the cro^ne of ingland, fwr that no ma is in more higl9 & eminent place or dignitie at thisdayinottrrealme^thenyottr felfi^vs^bethervoe to the carle of E flex. refpectyour nohilttiefir ca//mg,orfauourwthyour f rime, or high ukingofthe people, conjequently no mm like to haue a greater part or f my in de^ cidmgof this great ajfatre ( vphen tymefh all come for that determination ) then your honour y and thofe that voill afifi you dr Are Itkefito follovi>your fame and fortune. And for that it is not couenient for your honour 10 be vnfkillfuil in a matter vphich cocerneth^your ferfon the v^holerealrne ^fo much this doth, and finding this conference had by tm learned Lavpyers , to handle the cjueflion very pithely and exaclly,andyet roith much modeflye, and vpithout cffence of any ^ and vpith particuler affe^lion and deuotion to her Matt flie^ & voith Jpccialcare of her fafetye: ! thought not expedient to Utitlyevn- puhitfhed^a^ alfo liudged that no hads ^ere fitter to receaue the fame^ nor any prote&io more fecure orplaufihle , then that of your honour , ^hom God longpreferue in all true honour and felicity, to the comfort of your Lord f hips fatthfuH Jeruants clyentSy^ to thepublique benefit e of your country: from my chamber in K^mflerdame this lafi of December, jj p 3* Yjur honours moft afFe(flionatc R. DOLBMAK. THE CONTENTS OF THE FIRST PARTE. TH E preface contcyning thcaccafion of this trca-, tife,vvith the fubicd,purpofc, & partes thcrof. That fucceffion togoucrment by necrncs of bloodc is. not by Law ofnaturc,or diaine, but only by humanc5c pofiriuc Lawes of euery particuler common wealth , and confcquently, may vppon iufl: caufcs be altered by the iame, Cap.i.fol.i. Of the particuler forme of Monarchies & kingdomcs^X and the ditfcrent Lawes whcrby they ar* to be obtey ned,> holdcn , and gouerned in diuers countryes , according as cch common wealth hath chofcn and eftablifhed. Cap. 2.fol.I5. J Of the great reucrencc and refpect dew to kings , and yet how diuers of them , haue bine lawfully chaltifcd by their commo wealthes for their mifgouerment;,& of the good and profperousfuecefle that god commonly hath giaentothefame, and much more to the putting back ofanvnworthie pretendcr.Cap.3.fol.37. VVhcrin confifteth principally the lawfulnesof pro- ceeding agaynft Prince>, which in the former chapter is mentioned, what intcreft Princes haue in their fubiccls foodes or Hues: how othes doby nde or may be broken y fubiefe tpwardes their Princes: and finally the difFc* renccbetweenc a good king & a Tyrant. Cap. 4. fol.63. Of the Coronation of Princes, and manner of their admitting to their authority , and the othei> which they do make in the rame,vnto the common wcalih,for ihcir good goucrmcnt. Cap.s-fol.Sz. yVhatisdcw to only fucccHion by birth,and what intcreft intercft or right an hcyrc apparent hath to the crowne, before he is crowned or admitted by the commo wcahh, and how iullly he may be put back , if he haue not the partes rcquifite. Cap. 6. fol. 121. How the next in fucccilion by propinquity of bloode^, haue ofrentymcs bin put back by the comon wcahh, 6c others further of admitted in their places , cucn m thofc kingdomcs where fucceifion preuaileth , with many ex- amples of the kingdomcs of llrael and Spaync. Cap. 7. fol. 140. Of diucrs other examples out of the ftates of France &Ingland,forproofe that the next in blood are fomc- tynies put back from fuccelTion , and hew god hath ap^ proued the fame with good fucceflc.Cap.8. foK 164. yVbat are the principall points which a como wealth oughttorefpeAin admitting or excluding any Prince, wherin is handled largiy alk) of the diuerfitie, of reli- gions, and other fuch Caures.Cap.9.foI. 197. THE CONTENTS OF THE SECOND BOOK E. THe preface with the intention 5c proteftation of the I.awj'er to t^eat this matter without the hurt or preiudicc of aiiy. Of diuers bookes & treatifes that nauc bin written heretofore about the titles of fuch as pretende the crowne of Ingland,and wbat they do contey ne in fauoiit €r disfauourof diucrs pretendors. Cap. i.fol. i. Of the fucceflion of the crowne of Ingland from the conqucft vnto the tymc of king Edward the third, with the beginning of three principal linages of the Inglifh blood royal,difperfedint0 the houfes of Britanie Lan- cafter and Yorkc C^p . 2. fol, 1 2. Of the fucceflio of Inglifh kings fro kirg Edward the ihird vnto our daycs,\ri3ii the particular caufes of diflTen- : lion tion bctwccnc the families of Yorkc and Lancaftcr more largly dcclarcJ.Cap.s.fol. 37. Of the great arnd general controuerfie and contention bciweenc the faid two houfcs royal of Lancal>cr and Yorke^and which of them may leemetohauc had the bcteer right to thecrowne, by way of fucccflion. Cap, 4. £01.56. Of flue principal and particuler hotifes ot linages thaj do or may pretend the crowne of Ingland at this day, which are the hoUfcs of Scotland, of Suifolck, of Clarence, of Britanie, and of Portugal, and firft of al the houfe of Scorland,which conteyneth the pretentions of the kingofScotts,ac of the LadyArbella. Cap. 5.fol. 107. Of the houfe of SufFolke contevning the claymes alwelofthecounteflc of Darby and of her children as alfo of the children of the earle of Hartfort. Cap. ^. fol.130. Ofthe houfcs of Clarence and Britany, which con- teyneth the claymes of the earle of Huntington, and of the Lady Infanta ofSpaync and others of th^fc two fa- milies. Cap.7.fol.i4r, Of the houfe of Portugall which conteyneth the clay- mesas well of the king and Prince of Spayne to thefuc- ceflion of Ingland, as alfo of the dukes of Parnaa and Braganfa by the houfcof Lancafter.Cap.S.fol. 160. Whether it be better to bevnderaforraine or hom- borne Prince, and whether vnder a great and mightic monarch, or vnder a little Prince or king.Cap.9.fol- »93» Of certaync other fccondary or collateral Unes and how extreme doubtfull al the pretences be,and which of all theafe pretenders are moft like by probability to pi c- uailc in the cndA toget the crowne of Ingland. Cap. 3o> £01.233. THE PREFACE, CONTEYNING THE Oc- casion OF THIS TREATIS, With thefubied, pnrpofe, and partes therof. Her chdunced not long ago (l mcane m the monetbes of Aprill and May of this lajlyeare^^*) to mete inAmJlerdam in HoUand cert ay ne Gentlemen of diners nations, qualities and affellions , as T^el in religion as dtherl^ife: (yetthemofi part Inghfh andlrifh) and they had bine in diners countries, fiudted different or- tes, andfoUoT^ed vnltke pi of ef tons: fomeof fouldiarsy ^^^^^^^ fome of lawyers both temporal & ciuil, others ofmecre ting, ttauelors to leame experience and polite j : And for that the aduifes T^huh dajly came from Ingland at that tyme, (the parlament being then in hand) gaue occafion iodifcourfeof Ingltfh ajfaires y they fell into dims poyntes concerning the fame : but yet noneli>as treated fo largly or fo feriotijlj,asTi^as the matter of fuccefiion The mat- and competitors to the croT^ne, forthatit^asprcfu-^^^^^^l^^^' tned a great Ti^hile.that fome thingT^ot4ld be determt- dik\xi^ci^ ned therof in that parlament ^ though one or tfi^o of the y^^ifefl of that company Jield euer the contrary opinion. WiitlPhen at lenght nelpes Tpa$ brought, that nothing - B at all THE PREFACE AND OCCASlOiT. dtal had bin done tber 'my but rather that one or tTi^o M.Bto- {as "k^as reported) had bm checked or committed for m!v Vet- IP^^klfig tn the fame : then came it in queftion among worth, thes Gentlemen, T^hat fhould be the caufes of fuch poceding in a matter fo ^aightjf and fo necejfajy for al Inglif h men to hr}o^ ? TvYoia* Gentlemen Lawyers of the company , on$ of the common la^^ and the other a Ciuilian^ alleaged fo many reajons for iujiifying the Queenes Maiejltes doings in this behalf e, as al did feeme fatisfed ; for that it T^as made playne, that it could not ftandc li^tth the fafety eyther of her MaieHy, or of the realme^ or of the party htmfelfe lifho fhould be preferred, that any declaration of h^re apparent fhould be made, during the life of her Maiejiy that noT^ is , ho'V^ dangeronsfocuerthe delay ther of may be ejlemed for the ty me to come. And fo the end of this fpeach , brought in prcfently the begining of an other , to l^ir, T)i^hat M^eare like to be thes danger Sy andy^ho might be likefi of the pre* tendors to preuaile after her Maieflie, about 'J^hicb matter^ ther Mi^as much difcourfed by dmers parties^ but the conclufton ofal, J^as , that both thes poyntes remayned very doubtful , bm much more the fecondy y^ho fhouldpreuaiky of the competitors, T^hichthey fatd, did make the former poynt leffe doubtful of the multitude of dangers y that thcrbj did hang ouer tljc common "ti^eakh of Ingland , though it Teamed not doubt alfo in particuler, ^i^hat andl^here they fhould fal, for (faid they) Ti^herfoeuer many pretenders of the bloodroyall are kno^ne to be competitors to acro^ne. THE PREFACE AND OCCASION. ther cannot chufe but many pcrilles alfo muji be immU nent to the reahne. To thU.one of the company faid, that he did not fee hol^ ther could be eyther fo many pretenders to the crol^neas the daj before had bin fpoken of in that place (for the commo lA^yer before named nel^ly come Many pre eutoflngland, had tould them that he had hard offo- me 9 . or iok or mre plotts that ^ere debated l^ithtn crownc therealmey forfo man) pretenders) or yf ther T^^^o^^S^*^ any fuch great number defcended of the blood royally yet their titles cotM not be fo doubtfull y feing it "^as an eafy matter to difcerne, Tpho ^as next in difcent of blood, and^ho not. Not fo eafy, qmh this Gentleman lawyer, for that although It cannot be denyed, but that ther is among aI fuch as may pretend at this day : a certayneknolr>ne order and degree of neexnes in blood to fome king or Queene that hath poffeffed the croli^ne before them: and in this difcent it is kno^ne alfo commonly^ T^ho defcendeth of the elder houfe , and '^ho of the yonger^ and other fuch like vulgar ch'cumflajices : yet mt^ 'J^ithfiandmgfar that ther be many other poyntes con^ fiderable in this affaire, as the right of the frfl flock^y doubtftd J^herof ech part doth fprtng , the difabUng of r/;^ ScvYhy. fame fiock^afterl^ards by attamders or otherfi^ife : the baflardtes or other particuler impedimets that may haue fallen vppon ech difcent or branch ther of : at thes t hinges {faid he) may alter the courfe of com^ mon fuppo fed right y in him or her y that is taken to be next in blood, asprouingthemnotto be truly and IdlP fully the nerejl ^though they be the next in degree. £ z As for THE PREFACfi AND OCCASION. Three or AsfoY example (faid he) the \'hok multitude of principal Competitors Or pretenders T^hich I tonceaue may come headcs of m confiderution, or hatie aition orclayme to the croHi^me dra!*^* /if/f r Im Matefly that no^ is, may he reduced to three or folder jtrjl heads or principal jiocks^ toJ^it.to the houfe of Lancafler a party as defcendedofJohn ofGant Dtikeof Lancajler by his firfi ^ife Blanche^ fok heyre of the Dtichte of Lancaster. And of this branch or jtockjhe mojl k^oTi^ne of-Jprmg in thes bur dayes aie thosVrinc^that are Imeally dtfcended of Don luan thefirji furnamed de boa memoiia, tenth hmg of Tortugalj ^ho marry ed T^ith Fhdip the eldejl daugh^ terof the faide John ofGant by hisfirjl%'ife Blanche: and thes Vrinces are kingThillip of Spayneno^ king alfo of Portugal y & the Dukes of Parma and Bra- ganz^ay ^ho defccnded ofthefami race^^ts alfo the Duke ofSauoy one degree after them. TorkL'. T/;^ fecond jlock^is of the houfe of jorke a part, de fcendmg of George the Duke of Clarence fecond brother to kl^igEdT^ard the fourth, Ti^ho being put to death by the kings order inCales left a daughter by *^hom are descended the Earle of Huntington 'J^ith his brothers, Ti^htch alfo haue children, and iheofjpring of Gejfrey Pole and Sir Thonus Barrington T^ho mar^ rjed the other fifier of her that fi^as mar'ijed to the Uajitngs. 5. 'Phe third Jlock^T^as in king Henry the feuenthe The^tvvo "f^ho being himfelfe of the houfe of lancafler and aoyncd. uiarylngthe eldefl daughter of Pdlvard the fotirthof the houfe ofyork^y is prefumed to haue ioyned thes tlt^ohoufes together ^ and from this man by his tl^o daughters THE PREFACE AND OCCASION. (laughters ( for of his forme Jt^ho ^as king Henry the eight they renuyneth only the Oueetie that no^ is) ther hath proceeded the houfe of Scotland deiitdedinto the famylies of the king of Scols and Arbella , as alfo the progeny of the t^o Earles yetliuing of Hart-- ford and Darby. Vnto thes three heads , T^hich are commonlte kno^cn to al men , fome of ourdayes do add alfo a fourth , li^hich may feeme more ancient then ether of al thes three, to "Ji^it by the Dukjs of Brjtaine, ^^ho are difcendeddyuers^ayes of the blood royal of Ingland as maye eafely be declared , Ti^^hofe hetre at this day by lineal difcent is the Enfanta of Spamc named Dana TfabelU Clara Eugenia daughter , to king Fhihpp: So that heerby D^ee come to difcouery po leffe then ten or elenen famylies that may pretend^ (indhaue alofthemfrends in Ingland, andelsT);her (asyeflerdayl toldyou) -^ho donotfayle in fecret to negotiat andlay plottsfor them, for that ther are none of thes, fo far of , but to their frends it feemeth (the tymes flandmg as they do) that reafons may be gi- uen for their prefementy and goad hope conceaued of peuaylmg. T OH do i^el to aide (faida Captayne ther prefen't) circum- the tymes jianding as they do, or at leaft fi^ife *^the'tynM they are like to ft and ^ j^hen this matter muft ^am^ pcefciit. to trial, at ^phat tyme, I beleue^ not you lawyers, but T^e fouldiars mujl determyne this title, and then (no doubt) if ther^ere not only thes tenn by you named, but twenty moore alfo of the blood royal ^ that j^ouldpretend, and hadfrends and money to fiand by them ^Ipe fh Quid admit their caufes to examina^ B } tion. THE PREFACE AND OCCASION. tion,andpey happs giue fenteme for him, that by your Idms li^ouldfonefi be excluded^ for ^he matters come to [natcbingy it is hard to fay ^ho f hal ham the bet terpart. I do not ad this circumjlame of the tyme ( (aid the lawyer) as though itT^erethe only or principal poynt Ji^hich maketh doubtful the matter offuccef^w, though I confejfe that it helpeth ther-vnto greatly ^ in re^ Jpeil of the great variety of mens ajfeitmsy at this day tn religion^ liphicb do iuclme them commonly to iudge for him,f^hom they bejl hue: but bcfids this J do fay y thatTi^erethetymcs neuer fo quiet, andreltgion neuer fp vniforme: yet are ther great doubtes in many mens headeSj about the laTi^fulnes of dtuers pretentions of the famyltes before named: but if you adde vnto this^ the [aid ^onderftiU diuerfity in matters of reltgioalfo, ^htch this tyme yealdeth: you fhal finde the euent much more doubt full, and confequenthf it is no mat"* uailc though many may remame in hope to preuatle^ feing that l^her many are admitted to jlandfor a pre^ ferment y ther diuers may haue prohalitj alfo ofjpee^ ding . An example you may take, (faidthe Ctt/tltalaT^yer) The Ro- in the Roman Conclaue, at the popes elecltony ft her ^ dauc^^^' ^^o^S^ '^'^^^^ fo^erfcore Cardinales that enter in for elcclors.fel^ ther are, that haue not hope alfo to be eleRed, not for that they fee themfelues, all 04 ^cU qtta^ Itjiedy as others :but becaufe oftentymes Ti^hcn diuers that are more forward by, likely hede cannot be agreed vppvn: itfaUeth to the lott ofhun that isfardeU ofy and fott may among your petenders{quoth hejtn Ingland. Xour THE PREFACE AND OCCASION, Tour example (faid the temporal lairyer confimeth fomefi^hat of that I meane though it be not al to-- geather in like matter . ormancr for that the pope is made by eleciio,& here'^e talke of a king byfucccjUon. tour fuccepon,fatd the Ciuittany mcludeth alfo an electionor approbation of the common i^ealth and /isuccciTio doth the fuaepon of al kings tn Chrtfiendome befidesy ^^"j^Q^ome as li el appear eth by the manner of their new ^rfmi/-kindeof fion at their coronations^Tif her the people are demaun*^^^^^* dedagayne y if they be content to accept fuch a man for their King; thought his title of neernes by ^ bloodMneiier focleere. And ther fore much more ^^tcrwardf is like to be in this cafe of Ingltfh pretenders wo>,^^P^- ^ ^herthetr lawful neernes in blood is fo doubtful as^* you haue figntfiedy& fo I do cometo confirmeyout for^ met propofitton, of the doubt fulnes of the next fucceffor in Ingland -^ith an other reafonbefids that ^hichyoti haue allcaged of the ambiguity of their true^ropinqui^ ij in blood: for J fay further, that albeit the neernes of each mans fuccepon in bloody ^reeuidcntlj knoii^ne^ yet 'i^ere itvery vncertayne (as things no^ Jiand in Ingland and in the reft of Chrtfiendome ron^nd about) y^bo fhould preuaiky for that it is not enough for a man to be next only in blood, therby to pretend a cro'^^ne , but that other circumjlances alfo muji con^ currCy T^htch if they i^janty the bare propinquity or an^ ietrie of blood may iujily be retelledyand he that isfe- Ncenie* cond, third, fourth y fifth or lajl , may lal^ftiUy be pre- ^f^^j not f erred before the fir fly and this by al lal^ both diuine fufficicftu fM fUfkl^l AUb OCiCASION. To this [aid the temporal lawyer , you go further (sir) then I had meant to doe or did concfaue of th: matter, for my meatrng only i)pas to f ber^ ho^e many pretenders ther he to the Inglifh cro'^ne at this day^ & hoi^ dotibtf id the pretentions of diuers of the chief e of them be, inrejpeclofth^ many excluftons^ ftoppes 4nd barresthat thetr aduerfarjes orfelhyt^ competitors do lay againfi them : and noii> you do adde further y that albeit thes Jtoppes T^ere taken dli^ ay, and their propinquity m blood l^ere manifejl, yet for other confix iterations the courfe of thetr next ]ucce(?wn hj birth may be iufily alter ed,xppon fuch conjiderattons as you tnfinuatey that the Inglifh mayhaue in the admtf- fion of their next king or Queene.after her Maiejly that nol^ is, T^hich in deede (if it be true) maheth the mat ^ ler offuccejston much more doubt fuly then I pretended^ ^hich I confeffe I haue not fo muchjiudied or thought of, for that our common goeth no further ordi- narily, thentothe next fucceffor m bloody to conjider Ji^hether he be laii>fuUy defcended or no, therhy to gtuo him the croi^ne. y I confeffe (fatd the Ciuilian) that ordinarily nether yourja'^, nor ours doth go any further^ ef^ecially in More to thosrealmes %'h3r the gouerment ^oeth by (uccefion Sercd bt ^lood. ^hich I thinly to be the bejl ofal other fides luc- 'U;ajes, but ye^ ther may happen outfuch extraordinary ^i^f^l^^.^'^ cafes fometymes , agaynft this ordinary rule, as your tendois. Common Ixjp muft needs take alfo conftderatw of thefn^ except it li^ilbe contrary to al other la^ andreafon, both diuine and humane , as for example, if it f hould fal out, that the next in blood f hould be a natural foole or 4 THE PREFACE AND OCCASION. 0Y a madd man : if he fhould be taken by Tmhss OY Moores 'tnbis infancy & brought vp tn their religion aid ^ould mayntajne the fame in your countrey, l^tth bis forces, and other Ithevr gent cafes ^ T^herin it is not probable , but that your common la'j^ mnft needs haue further conftderation, then of the bare propinqui- ty of blood only, for that other^^ft it fhotdd be a very imperfe^la^, that hath notprouided for accidents fo Weighty and important, as thes are^ for fauing and conferuing of your common la^ealth. At this jpeach, the reftdeT^ of the company began to fmtle, to fee the t'j);o lawyers groii; into fome heate and companfon of their profefions. But yet for that both their affeuerations^ dtdtc ndc toproue one thing, ^hich %^as thejirJipropofitionfetdoTl'ne, to^^it, that the next fuccellbr of Ingland mnft needs be very doubtful : they rcquejied them both T^itb very great inliance, that ech onei^ouldbe content to prone hisV^f^^'^J^ aljertion 4parte,to ivzf^ the temporal lanysr to J he'^e tes hand that the titles and pretenfions ofalthofe ten or eletien^^^^^^^ family es of the Inglifh blood royal, i^hich remayne at this daycare ambiguous and doubtful, according to the common la'Ji^es of Ingland: and the ciuiltan to declare that albeit their titles by fuccefiou l^ere cleareyet that its things flande nol^ in that realme y and other coun- try es ncere adioymng^ther may be a great doubt l^hicb of them fhalpreuaile. This I fay, i^as the requejl of the ft^hole company^ and the lawyers 'S^ere cotent to take it vppon them, and according to thestD^o poynts it %\ts agreed that the Tpbole fpeach or conference^ fhould be deuided into tTi^o B J parts THE PREFACE AND OCCASION. tcT^fth^ f ^rrx, and that the cmllaT^j/ety fhould begin firji , for ewifercn! ^^^^ feemedjhat his ajfertion.being Ti^el declared and proued,T^ouldgiue much light ta the other J and fo he ffomifedto doy andtobe as brief y clere & perjpicuous 4S be tnightey and to reduce al that he ^ould faj ta certayne principal heades and chapters t her by the better to be vnder flood & remembredy and fo he began in manner and forme folkT^ing. ~ THAT THAT SY C CES^ SION TO COVER MENT BY NEERNES OF BLOOD IS NOT bjldTi^ of nature or di nine y hut only by humane and fofitiue la^es ofeuery particuler common health and confequentely may vppon iufi caufes bealteredby the fame. CAP. I. He examples before allea- ^^P] ged (faid thcciuilian lawyer) of a madd or furious heyrc S apparent, or ofone that were by education a Tuike or ^ Moore in religion, or by na- curedepriued of his witr , or fenfes , do playnely proue thatpropinquiry of birth or blood alone 3 without other circum- ftances, is not fufficient to be preferred to a crowne: forthatnoreafonorlaw, religion ocl, wifdom in the world, can admitt fuch perforrs to the gouermet of a comon wealth by whom, nogood^but diftrudion may be expe. i. 3 people, as after fhalbe f hewed more in parti- culcr,wherby we are forced to conclude that euery particulercouncrey and comiTiOn wealth hathprefcribedthes condicions toic felfe and hath authority to do the fame. For better profewherof, it is firftofaljo be^hat n6 fuppofed, that albeit fociability or inclination penicuier ro line togeather in company, man with nian^g^^^^^g' (wherofenfuethboth city and commo wealth is of nam as Ariftotle gathereth in his firft booke of^^' politicjues) be of nature, and confequently alfo of God, that is author of nature : though go- uerment in lyke maner and iutifdidion of ma- geftrats which doth follow neceilarily vppon this lining together, in company: be alio of nature^yetthe particuler forme or manner of this or that goueiment, in this or that faf hion, astohauemanygouernors, few, or one, and thoseytherKinges, Dukes Earles , or the like: or that they f hould haue this or that authority more or lelIe,for longer or f horter tvme, or be taken by fucceffion or eledioujihemfelues and their children, or next in blood : al thes things (I fay) are not by law ether natural or diuine, (for then as hath bine faid they fhould be al one in al countryes and nations, fenig God and nature is one toal) but they* are ordayned by particuler politiue iawes of euery countrey ^s^^^,^^. afterwards moie largely f halbe proued. compan^^ But nowthat fociability in mankind, orin-'^ natural di . . , » to man 5c ir\ation to Iiue in company, is by nature, and thcgrowd confequently ordeyned by God, for the com- ^^^^^ com ' ' movvcal* nion thet. 4 A Conference touching fuccefm mon benefit of al : is an cafy thing to proue^ fcingthatal ground of realmes and common Wealthes depcndeih of this poynt, as of ther firft principle,for that a common wealth is no- thing els but chc good goucrment ^ of a multi- tude gathered together, co Hue in one, & ther- fore al olde philofophers, law makers, and wife men, that haue treated of gouerment or com- mon wcaUhes, as Plato in his ten moft excel- lent bookes, which he wrot of this matter inri- ^^^b^ci ^"'^"g^hem of the commouT^ealthy and Marcus ccro Cicero that famous councclor in other fix boo- Ariftotlc l^^^^h^^h^^^'^^f^^^^^^^^^^^^^^^j vnder the poUt. fame title. And Ariftotle that perhaps excel- leth them both, in eight bookes which he cal- led his pollitiques, al theslfayedomake their entrance to treat of ther common wealth af- fayres/rom this fiift principle, to wit, that man by nature is fociable , and inclined to hue in company, vvherof do proceede firft, al priuatc houfes, then villages , thentownes, thencicyes, then kingdomes^ & common wealthes, Wucrs jhis ground & principle then do they proue by diuers euident reafbns, as fiift^ for that in al nations, neuerfo wild orbarborous, we fee by jgj.Ujj'a(j5 experience that by one way or other, they Tniucrfal. endeuour to Hue together, ether in cityes, tow- McTa Jib. nes,villages,caues, woodes^ tents, or other like ^x^p.^. 4 manner ^according to thecuftomeofech coun- Tacit.l.8. tiP^y^ vvJ^ich vniuerfal inftind could neuer be inal, but by impreffionof nature it felfe. 2. Secondly they proue the fame, by that the Speech vfcof to th erol^ne. Tart r. Cap. I. j y(e of fpeech isgiucn to man foi this end andAriftot.t puipok j for that litle auaylable were this P"- j'^^^;*^ uiledge of I peaking if men f hould hue alone & conuerfe with none. Thirdly not only Ariftotle but Theophraftus j. alfo PIutarch,and others do confirme the fame, J^"*^^^- by the poore eftate Sc condition, W'herin man is man. borne, more infirmc then any other creature, |r^^°P|^ though by creation he be lord & gouernor ofpiaut.piii althe reft ; for where as ech other creature is ^^^'^^^^^J^^ borne in a certay ne fort armed and defended in na, &libl it felfe^as the bul with his hornes,the bore with depicu- his tuf ke, the bear & woIfe, with their tcath, the birde with hirferhers agaynft cold & with her \^ y »iges to flyc away, the hart & hare with their (Ivifcnes and the Hke : only man is borne feble and naked, not able to prouide or defende himfelfe in many yeares , but only by the healp of others, vvhich is k token that he is borne to liue in company and to be holpen by others, & this not only for his necelsity and help at his begining whiles he is in this imbecility, but al- fo for his more comodious liuingin the reft of his dayes afterwards, feingno man of himfelfe is fufficient for himfelfe, & he that liueth alone can haue no benefite of others, or do any to others, wherfore wittelyfaid Ariftotle in the Notcthit fccond chapter of his firft booke of politiqucs, ^"^^^^^ that he'ii?hich flicth to Hue in fociety is ether Dm aut ^ ^ PellHa,aGod or a befl: for that cth^t he doth it bc- caufe he hath no neede, of any which is proper to God, or els for that he vvildo good to none, and ^ A Conference touching fucceport and fceleth not that natural inftinft, whicfe man hath to hue in conuciTation , which is a figne rather of a beaft then of a man. 4.Thevrc Cicero doth add an other reafon for this ce and^ puvpofe, to vvit, the vfe of cerraine principal Yierkp. vertues giuenvntoman> but principally iuftice &fi:enfhip, which fhould be vtrerty in vaine^ and to no vtilit^^e^ if man fhould nor huein fcompany of others/or feing the office of iuftice is to diftribut to euery one his owne : wher no number is.thcr no diftribution can be vfed, as alfo ney ther any ad of frenf hip^ which yet in the fociety of maisfoneceffary & vfual (Tayeth Cicero this excellent man) vt nec aqua nec igne necipfQ lib. dc-^ folepluribm inlocisvtamuryquamamtciua, that we amicuia. j^^ther Water nor fycr nor the fonne itfelfe in more places or occafions then frenf hip. Tlievfeof ^^^^ ^^^^ efFe£t^of vfing fi f nf hip, loue and charity Sc charity the one towards the other, do chriftiaa ^tf^a ^^^^^^ ^^''^^ andefpecially S.Auguftinein his other, booke of frcnfhip , reduce the inrtitution of IM> de^ this natural inftind of lining in copany: which araicitia. fecmeth alfo to be confirmed by God liym felf in thofe wordes of Gcnefis, Dixit quoque Domi-* Gcn.2.v. nusDens : non eft bonum hominem ejfe folum, facta^ mis, e'l aditttonum, fimilefthu God (kid, it is not good that man (hould be alone, let vs make vntohim , a help or afllftante likevntohim- felfe.of which wordes is deduced rhat as this firft fociety of our firft pa rets, was of God5& for fo great purpofeasheereisfetdowne, the one to be holpen by the other : fo al other focietyes, in like tothecroTi^fte. Tart i. Cap. I. 7 in like raaner which grow of thisfirft, (land vppon the fame ground of Gods ordination for the fclfe fame end of mans vtiUty. And I haue bin the longer in fpeaking of this natural inftindt to fociety, for that it is the fiift founcaine ofal the reft, that enfeweth in a common wealth, as hath bine faid: forotthis come familyes^ villagesj townes, caftles, cyties, and common weahhes, al which Ariftotle in his bookes before named , doth proue to be of nature, for that this firft inclinatio to liue toge- ther (wherof al thos other things do (pring) is of nature, as hath bin declared. Out of this,is the (econd poynt before men- That go- tioned deduced , to wir ^ that gouerment alfo, "uj^i^ fuperiority,& iurifdidion ofmagiftrats^is hke- ^ion of wife of nature^ for that it foUowerh of the ^^^5% former.and femge that it is impoflible for men alfo of 10 hue together with help and commodity of*^^'"^^* the onc,to the other, except ther be fome ma- , ^' n. L * J - 1- -1 Neccffity. geltrat or other to Kepe order amog them,witli- out which order ther is nothing els to be hoped for as lob fa^ycth^but horror and cofufwriy as for ex- ^ amplc,wher-foeuer a multitude is gathered to- 22. gether,ifther benotfometo reprelTe the info- lent, to aflift the impotent, reward ihevertuous^ chaften theoutragious and minifter fomekind of iuftice and equality vnro the inhabitants : fher lining together would be farr more hurt- ful 'he rher huing a funder,for that one would confume and deuour the other, and fowe fee, tl.ac vpponliuing together foUoweth of ne- C ceflity ^ A Cmfcrence touching fucccpon ceffity fome kind of lunfdidion in Magiftrat^^ and for thac the former is of nature , the other alfo is of nature. 2. Al which is confitmed alfo by the confent & Confcnt vfe ofal nations through-out the world, which acero^n! confentjCicerocalleth,//?/;^^ v(?ce?w natu^ i.denatu r^c the voice of nature hericlfc: for therwas nc- laDcoiu. uer yet nation found ether of ancient tyme or nowinourdayes, by thedifcouety of ihe In- dies, or els where , among whom men lining together, had not fome kind of Mageftrate or ?• fuperior/o gouerne them, which euidentlyde- ^^"^^ clareth that this poynt of Magellrates is alfo of nature,and fiom god that created natu re,which poynt our ciuillaw doth prone in likemanner in the very beginingof ourdigeftes, vvher the Lib.i.di- fecod title of the fir (t booke is^de origtnemU ciui^ lis & omnium magejlramm y of the begining of theciuil law and of al mageftrates which begi- ning is referred to this firft principle, of natural I. inftindt and Gods inftitntion : And laft of al^ Scripture, that God did concurr alfo exprefiy vvith this inftind: of nature, our diuines do proue by cleareteftimony of holy fcripture, as when Rom */ ^^'^'^ Salomon, bjme kings do raigne, and om.13. ^ p^yjg to the Romans auoucheth,r/7^r tj is not hut of God and t her fore he f^huh refijieth au- thority refijteth Gorf.Which is to be vnderftood of authority power or iurifdiftion in itfelfe, ac- cording to the firft inftitution, as alfo when it is lawfully laid vppo any perfon, for otherwifc vyhen it is ether wrongfully taken orvniuftly vfed. tothecrdpi^ne. Tart i. Cap. I. ^ vfed, it may berefiftedindiuerscafesas afreu Vvards more in particulei;^halbe declared , for then it i$ not law* ful authoiity. Thes two poy nts then arc of nature, to wit, the common w-ealth^ and goucrment of the fa- me by magiftrates^but what kind ofgouermec ech common wealth vvil haue^ whether Dmo- p^^-g^i^ ^r^//*^ which IS popular gouerment by the peo- forme of pie it fclfe^as Athens, Thebes, and many other cyties of Greece had in old tyme, &: as the Can - tons of Swizers at this day haue: or els Arifto- cratia which is the gouerment of fome certay- nechofen number of the beft, as the Romans many yeares were gonerned by Confuls and fcnators,and at this day the ftatcs of this coun* trey of Holland do imitate the fame, or els Mo- narchia which is the regiment of one, and this agayneeyther of an Emperor, King, Duke, Earleorthe like: thes particuler formes of go- uerment (I fay) are not determyned by God or nature, as the other two poyntes before/for the they f hould beal one in al nations as the other arCjfeing God and nature are one to al as often harh bin faid) but thes particuler formes arc left vntoeuery nation and countrey to chufe that forme of gouerment, which they f hal like befl:,and think mod fit for the natures and con* ditions of their people, which Ariftotle pro- Arift.ii.*^ ueth through out al the fecond and fourth boo- P^^"' kes of his politiques very largly laying downc diueis kinds ofgouermcnts in his dayes, as na- mely m Greece that of the Miledans , Lacede- C 2 monians. to A CmfermtUuchingfucce^m monianSjCandians, and others, and fhev^ving the caufes of their differences, which he attri* buteth to the diuerfity of mens natures , cafto- nies, educations and other fiich canfes that made them make choi(e of fuchor fiich forme ofgouermcnc. l>iucrfidc And this might be proued alfo by infinit meiriti other examples both of tymes paft and prefenr, diuetsco- and in al nations andcountryes both chriftian andotherwi(e,whichhaue not had only difFe- rct fafiions of goucrmets the one fro the other, but euen among themfelues at one tyme, one forme of gouerment>and an other at other ty* Komc. mes: for the Romans firfthad Kings and after reieding them for their euil gouerment , they chofeConfuls, which were two goaernours forcueryycare,vvhofe^uthority yet they limi- ted by a multitude of fenators, which were of their counfel, and thes mens power, vvas re- ftrayned alfo by adding tribunes, of the people, and fome ty me didators, and finally they came to be gouerned laft of al by Emperors. Africa & The like might be faid of Carihage in Afri- Grccce. many cityes and common wealthes of Greece,whichindiuersfeafons andvppon di- ners caufeshaue taken different formes of go- uerment to themfelues. italic. The like we fee in Europe at this day, for in only Italyc what different formes of gouerment haue you? Naples hath akinge for their foue- rainc,Rome the pope,and vnder him one fena- lor in place of lu many as were wont to be in that tothecrd^ne. Tart i. Cap. L ii that common wealth. Venice and Genoa, haue fenators & Dukes^bur litle authority haue iher Dukes. Florence^ Farara,Maniua, Parma, Vrbin and Sauoy,haue their Dukes only with- out fenators, and there power is abfoIut.Milan was once a kingdom but now a Dukedom, the like is of Burgundy^Lorayne, Bauire Gafco- Dukes for ny^andBritaynetheleffer, al which once had|^JJ|^^^^ their diftind kings,and now haiie Dukes ^ for dukes, their fupremegouernours. Thehke maybe faidofal Germany that many yrares together had one king ouer al, which nowis deuided into fo many Dukedomes, Earldomes & other like titles of fupreme Princes. But the contrary is of Caftile, Aragon, Por- tugal,Barcelona,and orher kingdomes this day in Spay ne,which were firft earldomes only and spayne. afterDukedomes, and then kingdomes, and nowagaynearealvnderone Monarchy, The likeisof Boemeand Polonia which were bati^oeme, Dukedomes in old tyme, and now are kingdo-^^^**^^ mes. The likemay be faidofprancealfoafter the expulfion of the Romans, which was firft a monarchy jvnder Pharamond their firft king^ and (b continued for many yeares vnder Clo- dion^Merouys Childrik and Clodouseus ther firft chriftened kings, but after they deuided it into fower kingdomes, to wit one of Paris an other of Sueflons , the third of Orleans, and the fourth of Metts, and fo it continued for di- uers yeares 5 but yet afterwards they made it one monarchy agayne. C } England 1% A Conference touching fuccefwn EngUnd. England alfo was firft a monarc h yvnder the Briraynes^and then aprouince vndcr the Ro- mans^and after chat deuided into fea«en king- domes at once vnder the Saxons, and now a monarchy agaynevnder the Inglifh and althis by Godspermiffion,and approbation, who in token therof,futFred his owne peculier people Thcic- alfo of Ifrael to be vnder diners manners of ci^in gonermcnrsindiuerstymes, as firft vnder Pa- triarques Abraham Jfaac and lacob.then vnder Lib.Exo. Captaynesas MofeSjIofuaj and the like, then tib. lob. vnder indues as OthonieL Aiod J and Gedion, Lib Id j-ib!i then vnder high Prieftes, as Helyjand Samuel, Reg. then vnder kings as Saul, Dauid and the reft; & then vndcr captain^s & highe prieftsagayne cilab Zorobabel Judas Machabeus,&: his brethren, vntil the gcuerment was laftely taken from them, and they brought vnder the power of the Romans , and foiiaine kinges appoynted by them. The real- So as of al this , ther can be no doubt, but fctVhcr ^^^^ common wealth hath power to chufe formeof their owne fiffion ofgouerment, as alfo to jouermet change the fame vppon refonable caufes, as wefeetheyhaue done in al tymes and coun- trycs,andGod no doubt approueih what the realme determineth in this poynt, for otherwife nothing could be certaine for that of thes changes doth depend ai that hath fucceedcd fythens. In like manner,is it euident,that as the com- mon wealth hath this authority to chufe and chaing tothecron^ne. Tart i. Cap. I. 15 change hergouermenc, fo hath fhe alfbtoli- mite the fame with what lawes and condi- tions fhe pleaferh, wherof cnfuefh the great diuerliry of authority and power . which cchThecom- oneoftheforniergouermentshath 5 as ^^^^^'^.^^^ijjj ample, the Confiils of Rome were but for onemiteth yeare s other officers and Ma^eftrates were^^^g®- tor more, or leile ty me, as their commo wealth author!- didaiort them i The Dukes of Venice at rhis^y- day are for their hues {"except in certayne cafes , wherin they may bedepofed) & thos of Genua only for two years and their power ("as I haue faid) is very fmal and much limited, and their heyreshauenoclaymc or pretence at al after them to that dignity, as the children and next of kinne of other Diikes of Italy haue, though in different fort alfo: forthat the Dukedomes of Ferara, Vrbin and Parma are limited only to heyres male,andford<:fe(?ctherof toreturne to the pope or Sea of Rome, Florence and Man- tua for like defects are toreturne to the empire and do not paflTe to the heyrj>femal or to the next of kynne as Sauoy and fome others do. And now if wercfpedt God and nature^ as wcl, might al thes goueiments follow one laW,asfo different, forthat neyther God nor nature prefcribeth any ofihcs particuler for-^ mes, but concurreth with any that the comon wealth it fclfe appoynteth, and fo it is to be be* leued^ that God and nature concurred as wel with Italy when it had but one Prince, as now when it hadifomany, and the like withGor- C 4 many. 14 A Conference touching fuccepon many^and ihe litce alfo with Swizerlad, which once was one common wealth only vnderrhe dukes and Marquefes of Auftria and now arc deuided into thirtene Cantons or common W^ealthes vnder populer Mageftratcs of their owne,ashath bin faid: fo as when men ralke of A Nam- a natural Prince or natural fucceffor (as many ty m es r^Piin- J j^^y^ j^^j-j rhe word V fed) if it be vnderftpod of one that is born^ within the fame Realme or countrey and fo of our owne natural blood , it hath fome (enfe, though he may be both good orbadd, (and none hath bin worfe or more cruel many tymes then home borne Princes:^ but if it be ment as though any Prince had his particuler gouermenr or intereft to fucceed by inftitutio of nature,it is rediculous,for that na* cure giueth it not as hath bin declared, but the particuler conftitufion of euery comon wealth with-in it felfe, and fo much for this firft poynt whichmuft be the ground to althereft that I hauctofay. OF THE totheatr^ne. Van i. Cap. II. 15 OF THE FORME OF MONARCHIES AND KINGDO- MES IN PARTICVLER, AND THE DIF^ jerent la'jijes, 'Di^herhy they are to he obteyned hoU denandgouermdtn dyuers countms accor- dinger eche commonlvealth hath chofen & ejtabltfhed. C A P. 11. AL that hitherto hath bin fpoken, hnth appertayned to al princely and fupreme gouerment in general , but now for that our matter in queftion ^ is concer- ning the fuccefiion to a kingdome, good rea- fon that we fhould reduce our fpeech vnto this forme of gouerment in paiticuler. Firft of al then^is to be confidered, that of a] a monar- other formes ofgouermenc the monarchy of a^^^^^^ king in it fcll-e^ appeareth to be the moll: exceU ucimuit. lent and perfect ^ and fo do hold not only Ari* ftotle in his fornamed bookes of pollitiques, Sc namely in his third ("with this only condicion that hegouernc by lawesj but Seneca alfoand Plutarch in his morales & namely in thatfpe- Arift.li.4. cial treatife w her-in he difcufleth, an feni ^^^^ncw^' jReJpub:traclanday whether an old man ought to piutaich. takevppon him the gouerment of a common wealth or no : wher he faith that^ regnum inter omnes rejpub: confumatipma & prima eft, a kingdo- mc is the moft peifedt com.mon weahh,among al other, & the vcty Bid: that is to fay^the molt C / perfedt J 6 A Conference touching fuccepon perfect for that ic hath mofl: commodities and leaft inconueniences in it felfr, of any other gouerment, and it is the fitft of al other , for that al people commOiily made their choife at ihebcginmgofthiskindofgouerment , fo as of al other it is moll ancient, for fo vve read Thcanti- that among the Syrians Mcdes, andPerfians Moiiar^ their firft gouei nours were kings and when the chy. children oflfraeldidafke a kynge at the hands ofSamuel, which was a thoufand yeares be- t.Reg.s. fore the commingof Chrift> they alleaged for one rcafon that al nations round about them had kings for their goiiernours, and at the very- fame tyme^ the chiefeft cyties and commoa wealths of Greece , as the lacedemonians, Athenians,Corinthians,and others^whcrof di- uers afterwards tooke other gouerments vnto themfelues, for theabufesin kingly gouermec committed, at that tymeyvere gouerned by ^DionyC kings as at large proueth Dyonifius Halicar-. Hiiy 1. 5. nadeus, Cornelius Tacitus, Cicero & others. rraU. j. The Romans alfo began with kings as be-, i^offic^ forel hauenoted,andthereafonof this is, for ^' that as oar Chriftiandodlors do gather, (efpe- jj^^PQjjj J ciallyiy.Hiai^m'and S.ChnfoJlome) this kind of i.cpift.ii goLicrment rcfemblerh mod of al the gouer- ho^3^^' nicntofGod, that is but one: it reprefenteth the excellency of one fbnne that lightneth al the plannets , of one fonle in the body that go^ ucrneth al the powers and members therof,and finally they fhewitalfoto be moft conforme vnto nature, by example of the bees which do. choofe tothecYo^ne. Tart i. Cap. II. 17 clioofevnto themfeluesa kinge, and do liuc vnder a monarchy as the moft excellrnteft of al other gouerments, to which purpofe alfo I ha- ue hard alleaged fomty mes by d/uers thofc wor- dcs of S.Perer. Subtelti efioteommhuntarjd^ creatu- ijet.i. r(t propter Deum.fwe regi quafi precellenti:fiue ductbrn abeo mifis,&c. Be you fiibied: of eucry humane creature, for Gods caufe, whether it be to a king,as the moft excellent, or to Dukes fent by God for thepunif hment of euil men and prai- fe of the ^ood. Out of which wordes fomedo Bote two pointSjfirft that as one theon^ fide the Apoftle doth plainely teach that the magiftra^ tes authority is from God,by his fiift inftitutio^ po^Jtes in that hefayeih, vve muft befubied to them tobcno- for Gods caufe,fb on the other fide,he calleth it a humane creature or a thing created by man, for that by mans free choife this particuler forme of gouerment (as alorher alfo) is appoynted in euerycommon wealth, as before hath bin de- clared:: and that by raanseledionand confent, thefameis laydvppopfome particuler man or woman, according to the lawes of cuery coun- trey, al which maketh it rightly to be called both a humane creature, and yet from God. The fccond poynt which diuers do note out jj^^^ of thes wordesjis^that S. Peter calleth a kingS.Pecct moft excellent, which thoughe it may be vn-^f^^^^^^ derftood in rcfped of the Dukes authority, cxceUcnc. wherof immediatlytherfolloweth mentioryet may it fecmealfoto be taken and verified of fcingly authority in refped of al other goucr- ments. i8 A Conference tauchingfuccepm ments, Teing that at thistyme when the Apoftle wrote this epiftle, the chicfegoucrnour of the World, was not called king but emperour, and theifoie Teing in fuch a tyme S. Peter affirmeih theftate of kingly goueiment to be moft ex- cellent, it may feme he meant it abfoluily fig-, nifyingthevby that this is ihebcft kind of go-, uerment among al others, though to confefle the truth betvvene the title of king and Empe- ror ther is litle or no difference in fubftance^i bur only in name, for that the ^authority is equal, euery king is an Emperor in his owne kingdome* And finally the excellency of this gouerment aboue al other, is not only proued by the perfe- ction iherofin it felfe, as for that it is moft an- ' cicntfimpleand conformevntonature,;S^ moft refembhng the gouerment of God himrelfe,as hath bin faid, but by iheeffedsalfo and vtility vtiiitesthac it bringeth vnto thefubieds, with farr domeand ^^^'^ inconuenicnces then any other forme of inconue- gouerment what-foeuer if we compare them ofot^hcr together: for in the monarchy of one king, gouer- ther is more vnity ,agreement,and conformity, xnemcs. therby alfo celerity commonly in di{pa- chingof bufines, and in defending the comon wealth, then vvher many headesberleffe paf- fionsalfo, in one man then in many : as for ex- ample in Democratta.vsihitT the common people do beare the cheife fway, which is beUuA mnlto-^' Ciccrol.i rum capitum as Cicero wifely faid^ihat is, a beaft; mocrauV. of many hcadcs^ ther is nothing but fedition^ trouble. tothecrotme. Van i. Cap. II. 19 trouble^tumuItSjOutrages, and iniuftices com- tnitted vppon euery litle occallon, efpecially vvher crafty and conningmen maybe admit- ted to incenfe or afluage them v^ith fugred vvords/iich as were the Orators in Athens, and othercyiiesofGreece^thathad thisgouermcr, and the Tribunes of the people of Rome, and other fuch populer and plaufible men, who could mouethe vvaues 5 rayfe vp the windes, andinkindle the fierofthe vulgar peoples af- fedions^paffions or furies at their pleafiire^ by %vhich vvefeethat ofaloth^r common weal- thcs, thefe of populer goucrment,haue fooneft cometorume, which might be f hewed not only by old examples of Greec, Afia,and Afri- ca, but alfo of many cytics in Italy, as Florence, Bolonia^SienajPifa, Arezzo, Spoleto, Perugia, Padua and others, which vppon the fall or di- {^er^Ta:- minution of the Roman Empire (vnder v^hich mcnt m they were before) rooke vnto themfelues po-^^^^* puler gouerments, wherin they were Co tofled with continual fedition, mutines, and bading of fa(5tions , as they could neuer hane ende therof, vntil after infinite murthers maflacres and inundatiojof blood, they came in the ende to be vnder the monarchy of fome one Prince or other, as at this day they remay ne; fo that of al other gouerments this is the worft. The (econd forme , which is called Oligar- chiaor Ariftocratia (for that a few and thofc prefumed to be the beft, are ioyned together in cEatia*f authority) as it doth participate fome thinge of both zo A Conference touching fuccefton of both the other gouermets, to wit, ofmona?- chia and Democratia, or racher tempereih them both: fo hath it both good and euil in it: but ycc irsclineth more to the euil, for rh€ difiinion that commonly by mans infirmity & malice, is among thosheades, for which caiifc the ftares before named of Venice and Genua, vvhichwere wont to haue fimply this gpucr- mcnt of Ariftocratia^ in that their regiment wasbycertainechofe (enators,wereinforced in the end, tochufe Dukes airo,asheadc<; of their fenates,forauoydingofdi(lention,andfo they haue them at this day , though their authority be but fmale as hath bin faid. We fee alfo by the examples o( Carthage & Romewhergouermentof Ariftoeratia ^ tooke place^that the diuifion and factions among ihef ' fenators of Carthage,was the cau fe why aydc Tit.Iitt. and fuccor was not fent to Hanibal^ their Cap- taine in Italy after his fo great and important E tr 1 ^^^^^y Cannas which was the very caufe rop. . ^j^^ fauing of the Roman Empire , and the orof.l. 5. Jq{]^ Qf their owne. As alfo afccrwardcs the emulations, difcord, and difunion,ofthe Ro- m,an fenators, among themfelucs in the affai- res and contentions of Marius andSilla, and of Pompey and Cefar, was the occafionofal their defl:ru£tion &of their common wealth with them. Euidentthen itis, that of al other goucr- ments the monarchy is the bcft, & Icaft fubiedt to the inconueuiences that other gouerments haue^ tothecrol^ne. Vart i. Cap. II. ti )haue^an(l if the prince that gouerneth alone & iiath fuprcme authority to himfelfe, as he rc- fembleth God in this poynte of fole goiiermet, J^^^^^^^ fo could hcreftmblehimairo, in wife, difcretiiawcsbc and iuftgoucrmenr^and in ruling without P^^-^^^^® fion: no doubt,but that nothing more excellent in the world could be defired for the prefccfl fi- licityof his fubie^Sts : but for that a king or Piinceisnman as others be, and therby not only fubied to errors in iudgmcnr^ but alfo, to pafnonat affcdions in his wil ; for this caufe, it was neceflary that the commonwealth, as it gaue him this great power ouer them , fo it fhould aCTigne him alfo the heft helpes that might be,for directing and recflify ing both his Wil and iudgment^ and make him therin as like in gouerment toGod,whom he reprcfenteth^as mans fraylty can reach vnto. For this confideration they afljgned to him firftofal, ihcafliftance and diredhion of law,- wherby togouerne, vvhichlawAriftotle faith. Bji mens quhaiie done it not that they wilnot be vn-,,' derany^biitfoi that they wilnot beeuervnder,, one only. 3, Th is far Cicero, and he fpeakeih this prin- ^^^^^ cipally in defence of his owne commo wealth laogijr ^» I meane the Roman, which had caft of ^h^^ "^^ic^ kinde of gouerment,as before hath bin faid,for inkomc, the offence they had taken agaynft cerrayne kings of thers, andfirftof al, ^gTiyn^ RomuUfS himfelfc their firft founder, for reigning at his pleafure without law 5 as TttmLtutus leftifieth, Tjttjs tf. for which caufe the fcnators at length him,andcuthim in fmalpeces. And afterwards they were greatly greeued at the cntring of Seruitis r////m5,their fixt king, for that he gatethc crowne by fraude and not by clecJiion of the fenate^and fpecial approbarion of the people, as he fhould hauedone: bur nioft of al they were exafperated by the proceeding of their ie- uenth kinge named Lucius Tdrquinm , furnamed iheproud, who for that (as faith) he nC'^Lswm gleftedthe lawesof gouerment prefcribed to*^*^^' him by the common wealth, as namely in that he confulted not with the fenate in matters of great importance, & for that he made war & peace of his owne head & for that he appoy nted tohimillfea gard as though he had miftrufted thepeople, andforthathe did vfeiniuftice to diners parriculer men^ and fufFred his children tobeinfolcnt, he was expelled with alhispo- fterity and the gouerment of Rome changed from a kingdome vnto the regiment of con- D } fuls. i8 A Confemce touching fucccpon : fuls,afterrwo hundreth yeares that the other had endured. And thus much for thofc kingdomes of Iraly and Greece: And if likewile we wil looke vp- Rcftraints po^^^^her kingdomes of Europe, we fhalfec ofking. the very famCjto wit, that euery kingdome &c ^^p^^ countrey hath his paniculer lawes prcfcnbed to their kings by the common vveahh, both for their gouermenc, authority, and (licceffion in the fame:for if we behold the Roma Empire it felfe , as it is at this day annexed to the Ger- maine eledors, though it be the firft in dignity amongchriftian Princes, yet fhal we fee it (o reftrayned by particuler lawes, as the Emperor can do much lelle in his rtate, then other tings in theirs,for he can nether make vvarr nor ex- a6t any contribution of men, or money, ther- unto, but by the free Icaue and conftnt ofal the dates of the Germayne diet or parlamcnr, and for his children or next in kynn,they haue noadion, intereft or pretence acal tofucced in their fathers dignity, but only by free eledio, if they (halbe thought worthy: Nay one of the chiefeft poynts that the Emperor muftfwearc Slcydan at his entrance , as Sleydan writeth , is this. An *i532 ^^"^^ f^^^^ neuergo about to make the dignity of the ' Emperor peculiar or hereditary to his family , but leaue Blend. Di '^'^^^ ^he feuen electors free in their po^ver , to chafe cid.zAi 3 his fuccejfor y according to the Iw^made by the pope cap.is. * G'^^gory the f }f th , and the Emperor Charles the fourth in this behalfe. The to the ctd^ne. Part t. Cap. 11* ofPolonia& Boemiadogo^^^^sjo: much after rhe fame fafhion, both for there re-poloma ftrainte of power^and fiicceffion ro their kings. For filft couching chdr authoiity , they haue great hmitation^nether can they do any thing ofgreat moment, without the confentoFcer-pj^j^j^P^j tayne principal men called Palatines or CafteKH.s.hift. lans, nether may their children or next of blood cfo°mc- fuccede except they be cholen. as in the Em- lib. j. ^- ^ Hift^Po- P^re. Ion, InSpayne,France^and Ingland, thepriuile- ges of kings are far more eminent in both thes points, for that both iheir authority is much nioreabfolute,and their next in blood doordi- narily fuccede^but yet in different manner: for as touching authority it femeth that the kings ^.^ ofSpaync and France, haue greater then thefpay^e^ king of England, for that euery ordination of^^uncc ihes two kings, is law in it felfe, without fur-gfa^jj^' iher approbatjo of the common wealth^which holdeth not in England, where no general law can be midc without con fent of parlamentrbuc in theother pointeof fucceflion , it appeareth that the reftraint is far greater in thos other two countries, then in Ingland, for that in Spayne the next in blood cannot (uccede be he neuer fo lawfully defcended, but by a new approba- tion of the nobility and bifhops , and dates of theRealmc, as it is exprelly i'etdowneinthe two ancient councelles of Tolledo the fourth ConcH. and fifth. In confirmation wherof we fee at this ^^^^'^ ^5. day, that the king of Spaynes owne fonne^ can- cU.f.c.s, ^ D 4 notfuc- }o A Conference touching fuccef ton not fuccede not be called Prince, except he be .firftfworne by the (aid nobility and ilates in token of their new confent, and Co we haue feene it pradlized in our dayes towards three or fowerof King Philips children, which haue fucceded the one after the other in the title of PiincCvS of Spaine, and ateuery chainge a new oth required at the fubieds handes, for their admidion to the faid dignity^ which is not vfed in the kings children of France or Ingland. ^ f ecullat In Prance the world knowcth,how women, of fuccef- arc not admitted to fucced in the ctown^ be fion, ^bey neuer Co neare in blood,nether any of their iflTue , though it be male. For which caufe I doubt not but you rcmeber how king Edward the third of Ingland though he vveie fonne 8c Paui^'^*' heyrevntoa daughter of France , whofe three Anii.hift. brethren were kings and left hir fole heyre to G-^Ird ^ hir father king Phillip the fourth furnamed duSIyi. lhefayre,yetvvasheputby thecrowne, as alfo lanlib. 14 of Nauar , at the fame tyme, who ' was fonne and heyre vnto this womans eldcft brothers daughter, named Lewis Huttin king of France, (which king of Nauar therby Ice- med alfo to be before king Edward of Ingland) but yet were they both put by it, and Philip dc Vallois , a brothers fonne of Phillip the faire^ fodib^^^' was preferred to ir^by general decree of the fta- ca^.i.^ tes^of France, andby vardit of the whole par- An.x3Z7. lafnent of Paris, gathered about the fame af- fay re. Nether did it auaylc, that the two kings a fore tothecro%ne. Vdrt i. Cap, II. 51 fore faid alleaged^ rhnt it was agaynft rcafon & j^^pocf confcicncc and cuftome of al nations, to excliid for (uccc(^ women, from the fucceffion of the crowne^'^^J^^n. which apparrayned vnto them by propinqurty of blood, feing both nature &God hath made ihcmcapable oFfuch fucceffion euery where, as it appereth by example of al other nations^ andintheold teftament among the people of god it felfe,w her we fee women haue bin ad- mitted,vntokingdomes by fucceffion , but al this (I fayj preuayled not^vviih the French as it doth not aUbattJiis day for the admiffion of Dona ifabelia Eugenia ClaraAnfanta ofspape vnto The in. the faid crowne of France though by difienc of spTyn^L blood ther be no queftion of her next propin- Pnnce of quity for that fhe is the eldeft child of the laft^^"^'^^ kings eldeft fifter. The like exclufion is made agaynft the Prin- ce of Lorayne that now liueth^ though he be a man.and nephew CO the laft king, for that his title is by a woman, to wit, his mother, that was yongec fifter vnto the laft king Henry of France. And albeit the law called Salica , by the ccrardda Frenchmen, by vert ue vvherof they pretend to Haiiian exclude the fucceffion of women , be no very Hia.VVac. ancient law^as the French themfelues do con- & Anno . fefle, and much leilc madeby Pharamond ther/jb^i^f^ firilking, or in thos ancient tymes as otjiers An. ijit. without ^ronnd do affirme; yet do vvei'e Aac^Jl^E^'^p it is fufhcicnt, tobyndai Princes and fubieds orofoId,who make folitle and con- accomprofrheirduty towards Princes, as be ^^^'"p'^PJ* thtir title what it wii, yet for euery miflike of ces. ther J4 A Conference touching fuccefwn iherownethey areredy to band agaynft them wherfoeuer they thinke they may make their partiegood.inuentinga thowfand cahimnia- tionsfortherdifcreditwithoLK confcience or reafon^vvhom in deede I do thinke to haue Htle confcienceor none atal but rather to bethoic whom the Apoftles S. Peter andS. lude did x^et. 2. ^P^^kc of when they fsLidMouit Dm'mus miquos laidx « iudicij referfmCy crue'iandos, radgis autem eos qmchm'mationem cantenmunt, audaces , ftbi pkcen-- l^^aC^c. God knoweth how to rcferue the wic- ked vnto the day of judgment ther to be tor- mented, but yet much more thofe [which do contemnedomina£ian,orgouerment^and are bold and Iikmg of chem fehies^chus much ther. ^^n^^^ Nay further^ I am of opinion, that whatfoe- on^fct- ueraPtincestitlebe, ifoncehe befetledin the ^^^^^ crownc^ and admitted by the commonwealth ncdb^' (for ofal other holdes I efteeme the tenure of a pRtiat ciowne) if fo it maye be termed (the moft irre- ^^'^ guler and extraordinary) euery man is bound tofetlehis confcience to obey the fame, in al that lawfully he may commaunde , and this without examination of his title^ or intercft/or that(aslhauefaid) Goddifpofeth of kingdo- mcs and worketh his vvil in Princes afiayres 3S pleafeth, and this by extraordinary meanes, oftentymes fo that if we fhould examine the titles at this day, ofal the Princes ofChriftcn- dome, by the ordinary rule of priuate mens rr^htesfucccffions or tenures, we fhould find fo many knottsand dificulties^ as it were hard for any ttithem'^nc. Vmi i. Cap, IL for any law to make the fame playne, but only the {upccrnelawofgodsdifpoiiuonjVvhichcan difpenlein what he lifteth. This is my opmion in this behalf for true Agaynft and quiet obedience, and yet on the other fide, f^^^^y^^l^ ns farof am I from the abieA and wicked fla- to vaxLth uxy of fuch as affirme Princes, to be fubied: to |^I!c«L^^ no law or limitation atal j either in authority gouerment,!ife,or fucceffionjbutas though by jiatureihcy had bin created kings from the be- giningof the vvorld^oras though the common wealth had bin rflade for them and not they for the common v veaIth,or as though they had begotten or purchafed or giuen life to ihe vvealpublique, and not that the vvealpubhquc had exalted them or oiuen them their authori. cy honor and dignity: fo thes flatterers do ^frec them, from al obligation, dewty reuerence oc lefped: vnto the whole body wherof they are theheades, nayexprelly they fay and affirmc xhn: al mens gdodes bodies aruilms^ are the Afefurdc 4it their pleafures to difpvfe of: that they are vnder m fiaterics iaJi^ cr accvmpt-giuing'Tiphatfoeucr y that they f^^^^^^ ^iTay^ & iy nature andgenertttion only, and not by any authority others. admifwn orupprohatimof the common 1^eatth,and that confeqmntb/ no merite or dement ofther perfons is to be refpeiied, nor any confJeration of then natures cr qualities, toji^it of capacity, dtjfofttiOy or other per fo-^ nalcircmnflances ^ is to be had or admitted, and do theyTiphatth^Uji, no authority is tlrer vnder God y to €bajlat them. Al ches abfurd paradoxes, haue feme men of ourdayes j(S A Conference toucbmgfu^^ ourdayes vttered in flatery of Princes, and na-. ielloym mely oflate^one Belloy a French man(as before clih^^ Ifignified}in tvvobookeswhich he called ap- apoiog, pologies^ the one catbolique, and the other for {.roiegu jj^^.]^j,^g^j;;,Qj}T, yyj^j^}^ fcmcth to vvtitc ia fanourof tkc king ofNauare, (and as other alfbcal him kingofFrance)but in my opinion, hedeferucth fmal comniendation, or reward to defend a kings title,vvith fuch a^lercions and propofitions, asdodeftroyal lawreafon con- fcience and common vveahh, and do bring al to fuchabfolure tyranyas no reahne euer did or could fuffer among ciuil people, nonotyn- der the dominion of the Tuike himfelfc at this day, vvher yet fome proportion of equity is held betwene the Prince and the people , both in goaerment and fucceffion, though nothing fo much as in Chriftian nations- ^ Wherfore to auoyd thes two extremes, I fhal rht pur- ^ , P ' p')(cof proue vntoyou^ tnemeane before rnentjoncd, the ncxt to vvit^that as al the duty^rcuetcnce Jouc ^ and * obedience before named.is to be ycalded vnto euery Prince which the commonwealth hath once eftablifhedifb yet rerayneth (111 the com- mon wealrh her authority not only to relirayne the fame Prince, if he be exorbitant, butalfo to chaften and rcmoue hjm,vppon due &c waighty conhderations 5 and that the fame hath bin donne and pr^'^itiledat many tymes in mcft na- tions, bothe Cbriftian & otherwife with right good lucceHe^ to the weal publique, and this lhalbc the argument ('if you thinkc goodj of out next ^ 37 our next meeting, for that now it is late , and I Viould belothtohaiie you go away with my talchalfetould,for ihatitisa matter of much momentjas to morrow you 1 hal here. Al vveare content vviih this tefolution, and fo departed eueiy man,to his loging,vvith pur- pofe to leturne the next morning fbmwhac more early then their accuftoraed houre to the end the matter might be thoicughly de- bated. OF KINGS LAVVFVL- LY CHASTISED BY THEIR COMMON VVEALTHES FOR THEIR. fnifgouertnent^andofthcgoodandprojperous fuccejfe that God commonly hath gtuen to the fame. Cap. III. TH E company was no (oner come to- gether the next morning, but they were al at the ciuiha lawyer to perfor- mehispromife, and to profecute the matter he had propounded the night before: to whom he anfwered, you require of me (if I be Trro not deceaued) two points loyntly to be proued 1^*^^.^ vnto you, the fiift that common wealthes haue ucd. chaftifedfomtymes lawfully ther lawful Prin- ces,thoughneuer fo lawfully they vveare deP cended^or other wife lawfully put in pofTeflion of their crowne, and fecondly that this hath fallen A Conferem Uuchmg^ fallen out eiier, or for the moftpart, commo- dious to the vvealpubh"que,& that it may feeme that God approued and profpercd the fame, by iheijood fuccefle and fuccelfors that enfevved therof Which tvvo points, I am content (quoth he) to fhewvntoyou, by Ibme examples for that the reafons herof haue in part bin declared beforej& fhalbemorein particuler hereafter, butyetmuft I do this with the proteftation, before mentioned, that nothing be taken out Kotliing oftnismy fpech, agaynft the facred authority J^r^^ and dew lefiDedand obedience, that al men do ck.v- le- owe,vnro Prmces both byGods law and nature fped \o as hp.rh bm proued^but only this fhal ferae to I hew that as nothing vndcrGod is more ho- iiorablcjamiable, prohtableor foueraine ^ then a good Prince: fo nothing is more pefteleni or bringethfo general deftniclion and defolation as an euel Prince. And thc^ifoie as the whole body is of more authority then the only head, tmd m,ay cure the head if it be oat of tune , fa inay the wealpublique cure or cutt cf their headesjiftheymfeft therelt , feingthat a body ciuil may haueduiers hcades^by fucceiIion,and is notboundeuertoone^as a body natural is, v^hich body natural, if it had the fame ability that whc it had an aking or fickly head,it could ctftit of and take an other, I doubt not, but it vv^HJ-id fo do, a^ird that al men would confe(Ie that i:h:idaathbri:y fufficient & reafon to do, ; the fam j rather then al the other partes fhould pciifh or liue in payne and continual lourmct ! but yet :iua« ^ 39 but yet much morecleare is the matter that we haue in hand for difburdening our felues of wicked Princes, as now I Chal begin to proue vntoyou. And for profe of both the poynts toyntely Dcpri _ Vvhich you require , I might begirni perhaps tionsof Vvith fome examples out of the fcripture itcouwcd' felfe,but that fome man may chace to fe^^,that i« ^'"ipta thes things recounted ther of thelew^s, were not fottiuch to be reputed for adsof the com-^ mon wealth 3 as for particuler ordinations of God himfelfe , which yet is not any thing agaynftme, but rather maketh much for our purpofe.Por that the matter is rnore authorized hereby ,feing that what foeuerGod <|jd ordeync or put in vrc in his common wealthy that may alfobepradifed by cither common weahhcs, now hauinge his authority and approbatio for the fame. Where- forefferd he)though Ido haftS to examples that art mor© nearer home , and more proper to thepanicatier purpofe wherof we treat, yet can I not 6rfiit- to note fome two or three out of the bible, that do appertcyne to this purpofe airci,& thes are the depriuatioii and putting to death of two wicked kings of luda^named Saul and Airion, (though both of i.Regj ^ them wete lawfully placed in that dignity) ^-^^S-*^- and the bringing in of Dauid and lofias in their roomes, who were the two moft excellent Princes that euer thkt nation or any other (I thinke) haiie hatf td gSuerne'them. And fitft king Skp thotlgh He were cledted ^ \ £ by God 2 3 8 1 9 40 A Cwqmmtmmg^ by God (as you know^toihat royal throne, yet vvas heHayneby the Philiftians by Gods order asit was foretold him for his di(ubedi€nce& not fulfillinge the !aw& limites prefcribed vmo by m.A^on was lawful king alto & that by na- tural ^^i^cent& luccefliofbr he was fonric & hey re to king Manafles whom he fuccedcd and yet vyas he llayne by his ownc people, qutd tJon ambddmt ijuvia Dowiwi,for that heswalked not iji the way ptefcribed vnto him by God: and vnto thes tWQ kings lb depriued, God gaue two fuc- Kinglo- ceflbrs, as I haue named , the 1 ke wherof arc not to bc'found in the whole ranck of kings for athoufandyearcf togeather: for of Icfias it is Wr itten , Teat quod erat Yeitum in conjpellu DoMmi^ ^. & ^^0^ declmanit mque ad dextram neque ad finiftra^ he did chat whic h was right in the (ighr of God, nether did he decline vnto the right hand noc the left He feigned } f . ycares,and Himmias the 2.?aialip. prophet that hued i».his tymc,loued (o txne- 3^ ' mely this good king ^ as he ncuerceafed after- wards to lament his death as the icripcurc fayeth. King Da- As fpi; kingDauid,it fhalnot beneed-fulto fay any ihing , how excellent a king he vvas> for as many Itrned men do note, he was a moft pei ft c5t paterne for al kmgs that f hould follow Xcnopho in the world , not as ki' g Qyrus whom Xeno- »"^y^^- phon did paint out more according to his owne imagination of a perft crowne,punifh the wicked and confcrue thcj» good,and defend the Chriftian fay th. And for ft as much as thes promifes Cfaid they) were con- >t dicional^they ought not to hold or bmdelon-j, ger,then that they were reciprocally obferued, » on both partesjwhich feing they were nor^ on u the part of Childric^ they would nor be anyj» longer his fubieds, and fo defircd Zacharias toabfoluethem , from their othes, which he>, did.and by thism.eanes Childric was depoled >, and put into a monaftery, wher he dyed, and in 9^ his place Pepin was chofen and crowned king y, whos porteririe reygned for many years afrer,, hym,and were fuch noble kings as al the world „ can teftifie. And fo continued this race of Pepin in thcHagoCa royal throne for almoft two hundreth yeares JJg/'*'*^ together vntil HugoCapetus, vvho was put into the fame throne by the fame authority of ihccom« jfo A Conference touching fuccefm the common wealth, and Charles of Lowyne laft of the race of Pepin/or the euel faiisfadion which the French nation had of him was put by it, and kept prifoner during his hfe in the caftle of Orleance. And thus much do affirme al the French Hiftoryes^and do attribute to thes changes, the profperity and greatnes of their prcfent kingdomeand monarchy,& thqs much for France, wher many other examples might be alleaged, as of king Lewis the third , furna- med Faineant nFox that he was vnprofitable, and of Charles furnamed legm, that fucceded him both of them depofed by the ftares of France, and other the lyke, of whom I fhall haue oc- cafion to fpeake afterwards, to an other pur- pofe. Examples "^'^ pleafe, let vs ftepp ouer the of spayac pircnic mountaines , and looke into Spayne, wher ther wil not faile vs,airo diuers examples Gdncii both before the opreflion of that realme by the cap 4."^ moores, as alfo after: For that before, to wit Ambrof.A about the ycare of Chrift 650. we reade of a 2p!i7. " lawful king named Flaueo Suinttla put downe anddepriued,botheheandhispofterity in the fourth councel national of Toledo, and one Sifmando confirmed in his place, notvvithftan- ding that SuintiU were at the beginning of his raigne a very good king, and much commen- Ifidor.in hy ifiodom Archbif hop of Siuily who yet Hift.iii- in the faid councel was the firft man that fub* fcribed to hisdepriuation. After the entrance of the moores alfo, when Spaync U the CToti^ne. Vart t . C A p. I T I. J t Spayne was reduced agaync,to the order 8c go- uermenrofSpanil h kings, we read that aoout the yeare of Chrift 1 182. one Don Alonfo chc eleuenth of that name,king of Caftile,& Leon, Eftcaaa fucceded his father Ternando furnamed rhe^J^j*"^ fain<3:,and himfelfeobteyiicd the furnamc ofdeUhift. Sabio and Afirologo that is to fay, of wife and of J^^^?**^ an Aftiologer, for his excetlent learning & pe- cuher f kil in that arte^ as may vvcl appearc by the Aftronomy tables thacat this day go vnder^^^^* his name^which are the moft prefed: and exaift Aifoafi- thateuer were fet forth by iudgmcnt of the"*" learned. This man, for his euelgouerment andefpc- KingDo« ciallyfor tyranny vfed towards two nephews alonfo ofhis,asthe fpanifh Chronicler GarauaywxL teth, was depofed of his kingdome by a pu- blicjueadeof parlament in thetowne ofVal- }iodoHd,after he had reigned 50. yeares,and hij ownefonneD<^»5'^«r/;« the fourth , was crow- ned in his place, who for his valiant a<^es, was furuamed elbrauo, and it turned to great com- modity of the common wealth. The famecommon wealth of Spayne fomc ycares after, towitabont the yeare of Chrift X 568,hauing to their king one Don named the cruel, for his iniurious proceding ^^oftd. with his fubieds, though, otherw ife he were lawfully feafed alfo of the crowne,as fonne and hey re to king Do;/ the twelfth , and had reygned among them 18. yeares,yetfor hiseuet goacrmcatthej' rcfglued codepofchim, and fo ^ fcntfbr Tent for a baftard brother of his, named Henry iha;: hued in Fiance requcftinij him chat he Garibay would comc with feme force o^frenchmen to JL14 C.40. afl^fitheni^ inihatade, and take the crowne vppon him felf, which he did, and by the help of the Spaniards and Freeh fouldiars, he draue the faid Peter out of Spaine , and himfelfe was crowned. And albeit Edward furnamed the black Prince of Ingland, by order of his fa- ther king Edward the third reftored once a- gayne thcfaid Peter, yet was it not durable,for that Henry hauing the fauourof the Spaniards returned agaync and depriued Peter the fecond ty me,and Hew him in fight hand to had,which madefhewof more parciculer fauour of God in this behalfe to Henry, and fo he remayned king of Spayneasdoth alfo hisprogenic inioye the lame vnto this day > though by nature he was \ baftard as had bin faid, and notwithftan- ding chat king Peterlefc twodaugbters which vvere led awaye into Ingland and thermaryed to great Princes, And this king Henry fo put vp in his place was called king Henry the fecod ofthis name, and proued a moft excellent king , and for his great nobility in conucrfation, and prouelle iu chinahy, was called by excellency, £/ cauallero thekinghtlyking,andfor his cxceding benig- nity and liberality , vvasfurnamcd z\io, el delas mcmdes^which is ro (ay ,the king that gaue ma- ny g»fces, or the liberal franck, and bounteful kin D'tffnyfio el TabricadoYy to wit the great buylder, for that he buylded and founded aboue forty and foure great townes in portugal , and was a moft rare Prince and his ofipring ruieth in Portugal vnta this day. Infinite other examples could I alleage if I would cxamy ne the lyues and difcentes of thes and other kingdomes with their Princes, and %he Em- tiamcly if I would fpeake of the Greeke Empe- pcrorsof rors, depriued for their euci gouermcnt, not fo ^ * much by populer mutyny (which often happe- Glicas in i^^d among them) asby confent and graue de- Annal, Hberatiou of the whole ftate and wealpubli- zonlAn- que,as Michael Calaphutesy for that he had troden iiaico.3. iheCrofle ofChrift vnder hisfeere, and was Michael ^^^^^vvifc alfo a wicked man , as alfo the Em-» Calapha, peror NiccphomBotomateSy for his dillblute life and preferring wicked men to authority , and thehke, wherof I might name many, but it would be to longe. inPolo- Whatfhould I nameheerc, thcdepofition made of Princes, in our dayes^by other comm6 yvealthcs^as in Polonia, of Henry ihc third that was laft tothtcrd^ne. Tart I. Cap. III. was laft king of France , & before that had bin fwornekingofPolonia, of which crowne oflnHwHs^ Polonia,hevvasdepriiiedby pubhque adle of^^^i^^^^^* parlament^ for his departing thence without Vaicfiuni liccnce,and not returning at his day by the faid jgl*'*^' ftate appoyntcd and denounced by pubhque vidc Ga« lettres of peremptory commaundedmct, which are yet extant. > rebus Po- \Vhat f hoiild I ntme the depriuarions of [^g'^^^j^^ Henry late kingof iS'/^^rr^, who being lawful fuccedbrand lawfully in pofliflion after his fa- ther^ Gujlanus was yet put downe by that com- mon wealth and depriued^and his brother ma- de king in his place who if you remember was inihgland in the beginning of this QueeneSEoilin.L reigne5& w^hofe fonne rcygnethat this d^y^^epl^nc" iskingalfo. ofPolonia , and this fa6t was not An isw.' only allowed of at home by al the ftates of that > counttey , but alfo a broad, as namely of Maxi- milian the Emperor^ and appronedalfoby the king of Denmarke, and by al the Princes qF Germany neer^ about that realme^who faw the refonable cau fes which that common wealth had to proceed as it d id . And a litle before rhat,rhe like was pradifed alfo in Denmarke agaynft C'tjiemm ther lawful markcT kingifvvc refpeft his difcentin blood, foo: he vvas fonne to king lohn that teigned a fore him,and crowned in his fathers life, but yet af- terwards for his intolerable cruelty , he vvas depriaedand driueh into banifhment, together With his wife and three children j al vvhidi F were j6 A Conference tmhingfucceftmt U^f^* were difinheritcd& his vncle FredenkVnnce o£ An.is3x. Ho//Jiti^,vvas chofen king, whos progeni yec Cofefo-^ remayneih in thecrov\ne,& the other , though gra. in he Were roarryed to the fifter of Charles the Da^Sde.* fifth laftEmpeior of that name, and were of Eauius lokyn alio to king Henry the eight oflngland, risTiiuftr y^^^'^*^!^ he neuer get to be reftored,but pafled histymemiferably, partly m banif hment and partly in priion vntil he dyed. Examples ^ut ic fhalbe beft peihapps to endc this nar^ of En- ration with an example or two out of Ingland gland. felfe, for that no wheiecls haue I read more markablc accidents, tonching this poynt, then in Ingland, and forbreuity fake I fhal touch only two or three happened fince the coqueft, for that I vvil go no higher thongh I might, as appeareth by theexaple of K. Edwin & others nether vvil I beginne to ftand much vppon the King iho example ofkingIohn,thoughwclairo I mighty de^ofcd. for that by his cuel gouerment he made him- felfe both fo odious at home & contempublc ^btoade (hauing loft Normandy Gafcony Guyenne, and al the reft in effed which the crowne of Ingland had in France) as fiift ofal he was both excommunicated and dcpofed by ientenceof the pope at the fute of his ow^ne people,and y vas inforced to make his peace by refigninghiscfowne into the handcs of Pan- Polid. dulfc the popes legate as Polidor recountcth hifi.Ang. and afterwards faling backagayne to his old An. uii. defedsand naughtiegoucrment, albeit by his promile to the pope , to go and make warr againil to tht cro^m. Tart i • C a p. 11 1, dgainft ihaTurkes if he might be quiet at home, and that his kyngdome fhouldbe per- petually tributary to thefcaof Rome,he procu- red him to be of his fide for a ty me^ and againft the Baros : yet that ftayed not them to proceed to liisdepriuation which they did efFedtuare, firll at Canterbury and after at London, in the eighteenth & laft yeare of kinglohnsreignc, An.ui«. and meant alfo to hauc difinherited his fonne Henry^which was afterward named kingHen- ry the third, and at that tyme a childe of eight yeares old only: and al this in punifhement of the father J yf he hadliued, andforihat caufe they called into Ingland Lo^(?«ic^the Prince of France Tonne to king Philip the fecond, and fa- ther to Say nt Lewis thenynth, anJchoCe him for their king and did fweare him fealtye with general confent in London the yeare of our Lord 12.16. And but that the death of king^"'"*^' lohn that prefently enfued, aheredthe whole courfe of that dehgnment, and moued them to turne their purpofes and aecept of his fonne Henry before matters were fully eftablifhed for king Lodowick : it was mod: likely that France and Ingland would haue bin ioynedby thes meanes vnder one crowne. But in the end as I haue faid king Henry the King He.' third was admitted and he proued avery wotj^hdcT* thi king after fo euel as had gon before him^ andhadbindepo(ed(\vhich isa cireumftancc thatyoumuft alvvayes note in this narration) and he reigned more yeares then euer king in ' F 2. Ingland 5§ A Conference foudnhg fticcepm Ingland did before or after him, f(^> he reigned ful 55 . yeares,& left his fonne & heyre Edward the tiiftnot inferior to himfclfe in manhode & King vcituevvho reigned 54.yearesand left a fonne Ec^.vvard pamcd Ed WArd the fccond, who failing into depofed. thi* (ame defecfts of gouerment or vvorfe , then king fohn his great grandfather haddonne/Aas after 19. yeares reigne depofed alio by ad of Polyd.l. parbmentholden at London theyeare i^iG.Sc An^aiica- hody adiiidged to perpetual prifon , in nx.Anno which he was at thatprefent in the caftle of 1326. vvallingford , whether diners both bifhopS Stow, in LoidtsA: knights of the Parlamentvvcre fent vnro^him to denounce the fentence of the real- tdvvard me agaynft hirn,ro wit, how they had deptiued him^and chofen Edward his fonne in his place, for vvhiv; h aft of choofing his fonncs he than-^ ked them hnrtcly and with many teares, ac- knowledged hisowne vnwoorthines,wherup- ponhe was digraded , his name of king firft taken from him^and he appoynted to be called The man Ictfi^ardofcarnaruan from that howrc forward. P^mfds' ^^'^ ^^^^^ crowne and ring were taken away, ofaking. andthefteward of hishoufe brake the ftafeof his office in his piefence, and difchatgcd his and^hor I'^'^^^^t*^ of tlicit leruice, and al other people of lings in thtr obedience or allege ancetow^ard him : and ihumans low'ardes his mayntenance he had only a hun- dreih ma* kcs a ycaie allow^ed for his expenccs, and the n'was hedelyncrcd aUb into the hands ofcertayne particnler keepers , who ledhnii prifoncr from chcnce by diucrs Other places ' vfmg tothecYoS^ne, Part i. Cap. III. 59 vfing him #ic!i extreme indignity in the way, vnrilar laft they tooke his hfefrom him in rhe caftle of Baik'ley , and his fonne Edward ^heKuig thiid reigned in his place , who if we r^^pecl ^i^g^l^^jjl, eyther valor, prowelle^lcngih of rc igne^ads of cheualry, or the multitude of fomous Piinces his childien left behinde him ^ vvas oneofthe nobleftkniges that euei Inglad had, though he were chofen in the place of a very eucl one as youhauefeen. But what fhal w^e fay? is this wbrrhines which God giueth comm5lyto the fuccellbrs at thes changes^perpetual or certayne by difccL'; no truly: nor the example of one Princes pu- jiif hment maketh an other tabeware , for the next fuccedbr after this noble Edward which was king Richard the fecond, though he were not his (bnne^bui his Tonnes fonne , to wit fon- ne and hcyre to the excellent and renounced black Prince ofwales,ihis Richard (I fay) for- King Ri- gettingthemiferableendof his great grand fa- chard 2. 1 ther for euelgouerment,asalfo the felicity, and ^^^^ vertueof his father and grand father: for the contrary, fufFcred himftlfe to be abufed and mifled byeuelcouncellors, to the great hurre & difquietnes of the realme. For which caufe after he had raigned 21. yeares he was alfo depofed^by ad of parlamat holden in London, the yeare of our Lord 1399. and condemned Polyd.l. to perpetual prifon in the cartel of Pom fret Aug vvher he was foone after put to death alio and yfedas the other before had bin, and in this F 3 manncs Co A Conference touching fuccefton manes place by fiee elecli5 was chcJIfen for king the noble knighr Henry Duke of Lacafter who proned afterwards fo notable a king as the World knowerh^and was father tolcing Henry ?he fifth furnamcd commonly the Alexander of Ingland^for that as Alexander r he great con^ quered the moft parte of Afia in the fpace of 9. or lo.yearesfodid this Heniy conqucrejFrance in lelfe then the like ty me. King HjJr. I might recon alfoin this number of Princes Sepo^cd. depofed for deftft in gouermer (though other- wife he vvereno cuel man inlyfe) this king Henry the fourths nephew I meane kmg Hen- ?olyd,lib. ry the fixt who after aimoft forty yeares 23.hiftor. reigne wasdepofedjand imprifoned^and put to ^ death alfo, together with his fonne the Prince of wales^by Edward the fourth of the howfe of yorke,& the fame was confirmed by the com- mons and efpecially by the people of London, and afterwards alfo by publiqueact of parlia- ment, in refpeil not only of the title which king Edward pretended, but alfo and efpecial- ly for rhat king Henry did fuffer himfelfe to be ouerruled by the Qucene his wife,and had bro- ken the articles of agrement, made by theparla- menr^betwene him and theDuke of Yorke and folemnly fwoieonboth fides,the 8. ofOdob, in the yeare 14J9. In punifhment wherof and ofhis other negligent and euel gouermet, ^though for his owneparticuler life he was a good man as hath bin faid) fentencc was giueii agaynft him^panly by force and partly by law. to the^dt^ne. Tdrt i.Cap. III. 6i and king Edward the fourth was put in his place,who was no cuel king as al IngUf h men vvel know, but one of the renoumedft for martial ades and iuftice that hath worne the Inglifhcrownc. Bat after this man agavnc, ther fel an other ^-ing^t- . , I o 1 • 1 chard 5. accidenrmuch more noronous, vvnicn waSj^cpofcd. that Richard Duke of Gioceftcr , this king Edwards yonger brother, did piir to death his two nephewes,this mans children, to vvit^king Edwvd the fifth and his litle brother , Sc made himfclfe king, and albei): he fynned gieuoufly by taking vppon him the crowne in this wic- ked manner yet when his nephewcs were once dead, he might in reafon fceme to be lawful king,both in rcfped that he was the next male in blood after his faid brother, as alio for that bydiuersafts of parlament, both before and after the death ofthos infantes ^ his title was authorized and made good , and yet no man vvil fay (1 thinke) but that he was lawfully alfo depo(ed,agayne afterward, by the como wealth, which called out of France, Henry Earle ofAn.H^r* Richmond to chaftife him , and to put him dovvne^and fo he did,and tooke from him both life and kingdome in the fielde, and was king himfelfeafter him by filename of king Henry the feuenth, and no man I fuppofe, vvil fay but that he waslawfuUy king alfo, which yet can- not be, except the other might lawfully be de- pored,& moreoucr asl faydai the,beginning,I would haue you condd.er in al ihes mutations, F 4 what 6i A Conference touching fufcefwn what men commonly haue fucceded in the pla- ces of fuch as haue bin depofcd, as namely in A point Ingland,in the place ofihos fine Kings before Silnated named that were depriued , to wir, lohn^ Edward the fecond, Richard the fccond, Henry the fixr, and Richard the thiid^ther haqe fucce- dcd the ihree Hentyes , to wit, the third ^ fourth, and feuenth,& two Edwards, the third and fourth, al moft rare & valiant Princes, who haue donne hifinit importanr a6ls in iheir co- mon vveakhes^and aiiiong other, hauerayffd many houfes to nobility, put downe others^ changed ftates both abioad and at home,diftri- biKedeccIeliadicaldignityes, altredthe courfe, ofdifcent in the blood royal, and the like, al which wasioiuft,andis voydat this day if the chviinges and depriuations of the former Prin- ces could not be made, and confequently none of thes that do pietende th^ crowrie of Ingland^ at this day , can haue any title at al,for that from thosmen they xlifcende who were put vp iti place of the depriued. And this may befufficient for proofeof the two principal poyjits,which you required to be difculftd in the beginning of this fpech, to \^it, that lawful Princes haue oftentymes by theic common wealthes bin lawfully depofed , for mifgouermcntjand that God hath allowed and aflilled the fame, with good fuccelle vnto the w^eal publique,andifthis be fo^or might be fo, in kmgs lawfully fct in pofleifion , then mucl^ ipore hath the faid common wealth power & authority to the croT^pe. Tart i. Cap. 1 1 11. 6j ^mhoi ity to alter the fucccflionof fuch as do but yet pretend to ihat dignity , ifthcr be dew rrafonandcaufes for thefame, which is the head poy nt that rirfi: we began to trcate of faide the Ciuilian,and with this ended his fp^ech without faying any more. VVHEPJN CONSISTETH PRINCIPALLY THE LAVFVL- KES OF PROCEEDING A G A Y N S T Tmces^h 'icb in the former chapter is metwmd: i^hat ifiterefi Princes haue in their fttbiecls goods or litics^ hol0 oihes doth hinde or may be broken by fub- tells toT^ards Frinces.and finally the dif- ference betn^ene a good king arid a Tira?2t. Chav. IIIL T 7 \ 7Hen the Cipihan had ended his J^^^'/Pir V V fpeech, the temporal lawyer looked porai la- vppon the ftaders by, to fee whether any would reply or no, and perccauing al to hold ther peace, he began to fay in this maner: Truly Syr I cannot deny^buf the examples are mmy that yon hauealleaged^and they feme to prone fuf- ficiently that which you affirmed, at the begin- ' iiing^towit, that the Princes by you named, weredepriued , and put dovv-ne by their com*- mon v^ealrhes for ther euel gouerment. A\)(\ good fuccellbrs com.monly rayfed vp in their ^places , and that the common wealth had au- j thority €4 ^ Conference touching fuccefton thority alfo to do it I do not greatly doubt, at leaftwire, theydidit,rfe/^Sa, and now to cal thes fades in queftion^ wcie to etr-broyle and turne vp-fide-downe al iheftatesof Chiilkn. dom,as you hauc wel fignified , bat yet for that you haue added this vvord lawfully (6 many ty mes^in the couife of your narration, 1 would you tooke the payne to tcl vs alfo,by vv hat law, Beiloy ihey didrhefime, feing that BeUojwhom you apoiog. haue named before, and fomc other of his opi- ^fJ^J*^ nion do affirme, that albeit by nature the com- paragraf. mon wealth haue^authotity ouer the Prince, pr?rcgc!.' chufc and appoync him, at the beginning, as you haue wel proued out of Anftotle and other vvayes: yet hauing once made him , and giuen vpal their authority vnto him , he is now no morefubiedl: to thercortci^-ionjOr reftraynt,but remayneth abfolute of himfelfe without re- (pedt to anyobutonly to godalonc.vvhich they proue by the example of euery partici^ler man, that hath authority to make his Matter or Prin- ce, of his inferior , but not afterwards to put him downe agayne , or to depriuc him of the authority which he gauc him, though he fhould notbearehimfelfs wel and gratefully, but difcourtious rather & iniurioufiy towards him thai gaue him firft this authority. An obic. To which alfo they do alleagc the fpeech of oHhe^"*^^^^ prophet Samuel y in the firft bookeof the prophet kings,vvher the people of Ifrael deraaunded to Saaiud. haueaking to gouernc ouer them , as other nations round about them had^ and to Icauc the go- uthecroT^ne. T4Yf i. Cap. Ill L 6j the gouerrrent of the high Priefte vnder w hom at that^ay they were. Ar which demaund both God himfelfc and Samuel were greuioufly of- fended, and Samuel by Gods txptelTe order, protefted vnto them in this manner, (quoth i.Ktg.^, he)yoni!pilhiiueA l^ig.harken then to this that l ^il fajf. Hoc entim regis, qui imperatmis efivobis,this i nalbethe right and pbwer of the king ihatrhePo- fhal rule oueryou,tovvir,hefhai take fio you vverofa your children both fonnes and daughters^your rather oV - ficldcs &c vinyards,your harueft alfo and rents, *Tirajic. \our{cruants,handmaydes, & heaidsofcatle, andfhal giae them to his fcruants md you f hai cry vnto God in that day, from the face of thisyourking, whom you hauechofen, and** God f hal not heare you> for that you hane de- »» maunded a king to gouerne you , thus far the » Prophet. " Outofal which difcourfe and fpcch of the Prophet^thes men do gather^ that a k ing is no- thing forcftrayned in his power or limited to law as yoahaue affirmed , but rather that his law is his own wil, as by thes vvordes of the Prophet may appcare, and much Icllc may the commonwealth chaftice or depriue him for cxceding thelimitesoflaw , or doing his vvil, feing that here in this place , God doth foretcl that Princes ofientymes fhal commit ejtceffes andiniuries^andyet doth he not therfore vvil, ihem to chaften or depofe them , for the fame but rather infinuateth that they mult take it paciently,foc their linnes,and cr^ to God for re- medy 66 A. Conference touching fuccepon medv and perfeuer therin though he do not at the firft harken to them,orgrant thcincdrellc*, hitherto the temporal lawyer, 'i , . Whcrunto anfwered the Ciuiliair, rhat he , confelTed^that Btlloy &orherhispompanioas that wrote in flarteiy of Princes in thes our daycs,did noi only affirme thes things^ that the temporal lawyer hadalleagcd^^;^^ that^Prmces T^ere la^kjfe aud fubieil-to no acconipt^nafon^-pr cor^ re[tton,lplutfocutr they did, bat alto (which is yec more ablurd and pernicious to al common Bclloya- vvealthes) tlut al^o.ods chattels , poffefsions and par^2.pa '^l^^^foeua ds commodttjes teniporal, of the common rag 7- Sc l^ealthy are properly the kingSy ami that their fubiects cl!^ A^w^ only the vfe therof li^tthout any propriety at al, fa as Tvhen the ktng he may take it from them by ri^&r, without iniuftice or iniury, which aflcr- tions do oner throw w holy the very nature &c fubftance of a common wealth, it felfe. Great ab. Eorfirftto fay that a king is fubied to no iUrdities lawor limitation at al , hut may do what he iSs. wil^isagainftalthat Ihaue alleaged before of the very inftirution of a commo wealth,whichL was to line together in iuftice and order, & as I fhewed out of Cicero fpeaking of the firft cic iib.i. ^^*^g^> luflitt that folicw no lavv^but painon and fenfuahtie, and do commie jniu- fticc,by their pubhque authority, & then final- ly, were al thos kings before mentioned both of the lewesjgentilcsand chnitiaiis vnlawfully depriued,,and ther fucccflcrsvnlawfiilly pur vp in their places^ and conftquentlyal Princes h- uing inChriftianity at this day, who are de{^ cendedofthcm , are intruders and no iawful Princes. By the fecond lay ing alfo^ that al temporah*- ^^^^^ tyes are properly the Princes, a,nd that fubiefts abfurdity. haiieonly the \k therof without any intereft of their owne , no lefle abfurdityes do follow, then of the former aflertion, for that firft , it is againftthe very firft principle andfouudation ofourciuillaw , which at the firft entrance inffimt. and beginning fnaketh this diuifion of goods, j^^P^ij^^ that fome are commou hy nature to al men, as the ayer ^* the fea and the like , other are publique to al of one citty or country, but yet not conwwn to al'tn general^ as j^j^j^^j^ riuersportes and other fuch: fome are of the communis of goods ty of -A citty or common T^ealth, but yet not common to i^^^^^^^ euery parttculer perfon ofthdt citty, as common rents, theators.thepuhltque houfe.and the like : fome are of none nor properly of any mans goods, a^s churches and facred things, (jr fome are proper to particuler men, as thoslt?hich euery manpofeffeth vfhis o>ne , which diuifion^ of luftinian the Emperor and his moft - karned 6% A Confermce touching facccfton learned lawyers i<; not good, if the Prince be Lord proprietaneofnl : nay he that made this diuifioHybeing Emperor , did great iniury alfo tohimlelfe, m afllgning that toothers, which by the opinion of Belloy and his fellowes was propcily & truly his owne^ in that he was Em- ^ pcrorand Lord ofthe world* Planes 5c Befides ai this, fo abfurd a laying is this, as it liccmcn. ouenhrovveth the whole nature of acommon wealth it felfe,and maketh al fubiec^ts to be but very flaucs: For that flaues and bondmen, as Ariftotle fayeth in this do differ from freemen, Arift. lib. jj^^j Haucs hauc only the vfe of things without 4.Sc/. property or mter^lt, and cannot acquire or getc toihemfclues any dprninion or true right in any thing,for that what foeuer they do getr , it accreweth to their mafter^, & not to thdfekies^ and for that the condition of an oxe or an affe, is the very fame in refpedl of a poorc man,that hathnoflaue^ for that the oxe or alle getteih nothing to himfclfe^ but only to his mafter,and can be lord of nothing of that for which he laborerh: for this caufe, wittcly alfo fayed Ari- Arift.li.u ftotle, that bos aut afinus pauperi a^rkok pro fcruo efl. An oxe or an alle, is to a pooie huf badman infteed of a bondman, and fo feing that Belloy wilneedcshaue theftare and condicion of ai Ibbiedtstobelikevnio this in rcfpedt of their Prince, and that they haue nothing in pro. thiT^^a- P^i^fy > ^^^^ <>"ly ^he vfe, and that al domi- ^on. nion is properly the Princes: what doth the other then make al fubicdbs not only flaucs but alio to the CYol^fit Tart I. Cap, HIT. ^(S but aUo oxen and aiTes, znd pecora camp. Laftofal (fori vvil not oueilode you ^vith^j^^ tcafons m a niauer fo euident) if al fubiedls rcafons goods be properly the kings, why then vvas^gj^*^^ Achab 2nd lez^^Wkuigand Queene oflfracl, fo lepre bended by EHas & fo punif hed by god, for taking away Sabothes vitieyard?feing they tooke but that vv hich was ther owne? nay why was rot Naboth acculed of iniquity rebcUion j.Rcg.ir: and trea fon/or that he did not yeald vp prefcnt- ly his vineyard,when his Princes , deraaunded the (ame,(eing it vvas not his, but thers V why do the kings of Ingland France and Spayne^ afke money of their fubieds in parlaments , if they might take it as ther owne ? why are thos contributions termed by the names of fubfi- dies,hclpes,beneuolences,lones,preftSjCo»mir(i* lidns^^ud the hke, if al be dew and not volunta- ry of the fubieds partef How hauc parlaments ofrentymesdenyed to their Princes fuch helpes ofmoney^ asihey demaunded ? Why are their iudges appoynted to determyne matter , of futes and pleas between the Prince and his fub* ieds^ifalbehis and the fubied haue nothing of his owne? And laftofal why doth the Can- non Law,which is a part alfo of my profefljon, and receaued in moft countries of the vvorld,fo cap. ineis vverelawfulorappertayncd toa rightious king, but that feing they rcfafed to be vnder the moderate gouermet of their high ptiefts, & other gouernors which God had giueii them hitherto, and required to be ruled by kings as ocher heathen nations of Egypt,Babilan,Syria, and Perfia were , w hos manner of gouermenr^ not only Hi(loriographers,but Philofophcrf^ Arift.l. 5. alfo^and Ariftotle among the reft,doth note to iofeph.V6 hai>e bin very tyranical ; yet for that the lewes anti4.c.4. vwuld needs haue that gouerment as a matter of morepompeand glory then that which hi- therto they had had, Samuel did firft rnfinuarc vnto them, what cxtorfion and wickednes rhoa heathen kings did vfe commonly ouer the^ peoplc^in taking their childrc, feruantSjWiucs, goodSj and the like from them, and that manv kings of Ifrael f hould do the like, and take ic for ther right and foucrainty , and fhould op- prefle and tyrani(c ouer them,ahd inforce them to cry cut to God forheipe, and they fhould not find remedy , for that fo heddyly thej had demauhdcd this change of gouerment , which highly totbecron^fie. ?4rt I. Cap. II 1 1. 71 highlv difpUifc-d almighty God,and this is the true meaning of that placc^ifit be vvel confide- red , and not to authorize herby iniuftice or Wickednes"in any kmg , feing the principal poynts recdided to al Princes & kings throngh out the whole courfc of fcriprure,are dtltgeretu- dtcmn & hiflntam,appTehenderedtfctplwam:& face- rs veritateniyihsLi is ro fayc to loue iudgmenc and iuftice to admit difcipline & to execute truih, and this isiheinftrudion that God gaae tochc levves in Dcutronomj for their kings when they Ihould haue them. which God foretould many j.Reg.Y.' ye;ircs before they had any , and this ih the ad- monition that king Dauid left vnto his fonne * andfncceiror^*i/o;;j^«, at his death, and by him to al otherkings and Princes, and for want of obf:?raingihes points o/i«rf^Wf«f , iufitct^ difci- pUne^6i truth, we fee not only AchahznA Jesiabel. Before mentioned grcuioiifly punifhed , but many other kings alio by God himfelfe, as Achaz. Manages, loachhn.^ind the like,Hhich had not bin iuftice on Gods part io to punifh th^ih if it had bin lawful for them to vfethat man- ner of proceeding towards their people, as thes good inftru(Sors of Princes in ourdayes, mcft fondly and wickedly do affirme^and thus ihuch for that place. ^ But to the firft point which you aflced, byByvThar ^ what law the common wcalthes that are raen-iawPrin. tioned in the former chapters, did punifh their ^^f^^if^^^ .cuel Pria^es: I haueanfwered vou before , that ^""^ it is by al law both diuine and humane: din ine, G for that 72. A Confef me touching fuccefm for that God doth approue that forme of goi uerment which eueiy common vveahh doth chufe vntoitfclfe, as alfo the conditions, fta- tutesand hmitarions which it fdfe Ih.il ap- poynt vnto hci Princes, as largely before hathe bindedarcd. Andby al humane law alio ; for that al law both natural, national, and pofitiue> doth leach vs,that Princes are fi:bican, wher with it were likely he would de- ftrcy burfclfe and others, and other likecafes^ V>hich Cicero putteth downein his fi ft bookc ofc ffic.s, and deduccrh them from the very gKHind of nature,and leafon it felfe, & fayeth^ that it X'v ere contrary ro the dewty of a good orl oncft man, in luch cafes to perfoime his piomifc. Ourdiuinesalfo doalledge the example of Herod to thecro^ne. Tart i . C a p. 1 1 1 1. js Herod thar had (vvorne to the daughrcr of He- rodias,rogiiiehir what the dcjTiaundcd, vvho^ demaiiding the head of S.Ioi: a Baptilt, rhoiigh '^^ Herod were fory for the fame^ yctfayeth the text, that for his athes fake he commaunded 'tt to be performed, v^hichyet no man v\il deny, but rhac it had bin far better left vnperformed, and the othe better broken then fulfilled, according to an other rule of the law, which fayeth. In tnalis Regui 68.. fromifisfidemnonexpediiobfernariy it is norcxpe- p^^^^j^* dient to kcepe our piomife in things cuel pio- xnifed. And finally to thispurpofe,to wit, todeter- myne how many waves an oih ttiken may be lawfully broken^or not keptj ther is a whole title in the Cannon [aw, conteyning ^6. chap- Decrct. ters, wherin are fct downe many and di urs 9^^^ ^- ^* moft excellent, andenident cafes, about the ^ "^^ fame determined by Gregorie the firft, 8c other ancient Popes and Dodors, and in the fccond parte of the decretal thcr is alleaged this fcii. t n- ce out of ifidoruSy and eftablifbed for b w. In w^- lis promifsis refcmie fidem^ m turpi vGtQ muta dcrre- tum.impid enimpromifsto, qndifcekre impletnr, \ \\u\tiz^ is.incuelpromiiesperforme not your worde, ^"^^-^ ^* m an vnlawful vow or oih, change your deter, per tow. mination, for ir is an impious promilTe, which cannot be fulfilled,but with wickednes,and the very fame matter is handled in the queftio fol- lowing which is the fyfth through-out ij. whole chapters together. Soas^ nothing is more largely handled in G 5 our law 7^ A Conferencetmchhtgfuecefion our law both Ciuil and Canon, then this mat- ter of promifles,and orhes, how and vvhen,and why,and in what cafes , they hoold or bynde, Tvvoprln and whcH not. Al which to apply it now vnto cipaicaics ourmattet ofkinss, that we hauein haiide.we when 1 n 1 ^ r pthcs are to vnderltande that two euio i)t calcs aic tpvvads ^^^^^^^ ^^^^ you fee , when a fubiedts oth $Princc. or promife of obedience^ may be left vnper for-? med to\yards has Princeuhe firft whc the Piince obferueth notatal his promlffe and oth made to the common wcahh, at his admiflion pj: coronition,&the other when it fhouldtui;ne to the notable damage of iheweale pabhque, (for whos only good the Princes office was ov- deyned,as often before hath bin faid and pro- lied) if the fubie6l fhouldkeepeard performe his oth and promiffe made vnto his Prmce. And both thes cafes arc touched in thcde- priiiation of ChiMenke the lafl: king of F;ance, of the firft lyne of Pharamond , which was re- counted in \ he former chapter, f r that as Pau-^ iLmii U ^^E^^^^j^^(f and other French hiil.Fiic ftoriesdo teftify^thebifhop of v^^)tirburg,that vKachu"^" the n:ime uf al the nobility and common dcr Gi- wealth of France, made his fpeech to Zacharie xaiQ ab.3 jj^e pope5for his depofition^and for the i leflion of Pcpm in his place, alleaged thes two rcafons Thefpcch faying. ofrhe Truth it is, that the French haue fwornc fi- Embafla- i^^lity vnroChilderick,a$tothertrue and na- dorfordctiiralkingibut yet with condition, that he oa Tfliieir" his part, fhoulda,lfo peif^rme^he points that king, ^ ate in- to the croons. Part i. Cap. lllL 77 I are incident to his office, which are, to defend ,s j the common wealth, proted the church of,> I chrift,refiftthevvickcd,aduance the good and,, 1 the like: and ifhe do this, then the French are „ redy to cotinew ther obedience and allegeanceu vnto him : but if he be apt for none of thes,, I things,nether fic^ether for a Captaine in ware, or for a head in peace,and if nothing els may be ,« cxpeded whiles he is king,but detriment to the ftate,ignominy to the nation , danger to chri-o I ftian religion,anddiftru6tion to the weal pu-i> i blique:then it is law fal for you no donbt(moft ,> holy father) to dcliuer the French from this,, band of their oth, & to teftifie that no promife j can bynd th^s natio in pirticuler^ to that which I jnay be hurtful to al chriftendom ingeneral.,, I Thus far that bifhop,& his fpcch was allowed & Childerickdepofedjand Pepin madeki.ig in his place as the world k noweth. By this the you fcejfiid the Ciuilian lawyer, The con= the ground \\ heron dependeth the rightious & ^^^^^^^^ lawful depofition and chaltifment of wicked vvhen Princes, to wit ther fayling in ther oth & pro- mifeSj which they made at ther firft entrance, dcVub-' that they would rule and gouerne iuftly, accor-^^^^s. ding to law, confcience, equity , and religion, wKerin when theyfaylc, or wilfully decline, calling behjtid them alrefpeil of obligation & dewty to the end forvvJiich they were made Princes and aduanced iridignity aboue the reft, then is the common wealth not only free from al oths made by her of obedience or allegiance 4 to fuch 78 A C inference mcbingfuccepon to fuch vnworthy Princes , but is bounc^ moreouct forlauing the whole body, to re- fill: chaften and remoue fuch euel heades , if fhe be able,for that otherwifc al would come to diftrudion, ruyne^ and pnblique defoU- Uon. The dif hcere now come in, a! thos cofideranos ^ence be- vvhich old philofophcrs, lawmakers, and fuch ^'^"1^^^ others as haue treated of common vvealthes, tyrant, aie vvont tQ lay downe, of the difference and contrariety betweneakingand a tyrant^ for riat dial, that a king (as both Plaro and Ariftotle do dc^ ^ub^ clare) vvhe once he declyneth from hisdewty, Arift.ii.a. becommeth a tyrant, that is to fay, ofthebel^ and mod foiierainc ^hing vppon earth , the worft and mod huit-ful creature vnder heauen for that as the end & office of a king is to make happy hi^ commo wealth, (o the butt of a ty- rat is to dcftroy the fatne. And finally the whole difference is reduced to the principal head that before I haue mentioned, to wit, that a > king ruleih according to equity , oth , confci- ence,iuftice,andlawpre(cribed vnio him: and the other is enemy toal thes c6ditions,whtrof ifyou wil read many more particulers & fignes to know a tyrant by, I wil remit you to a Cpc^ cialbookefet forth of this matter, byoneBar- ^nnnU^ tolus fiihcr (as yow know) of our Ciuil law, de. wher the matter is hadled largely^ as alfo how lav\ful and commendable it is to rcfift any ty- rant, and finally heconcludeth with Cicero ii^ his bookes dele^ibus^ vvhcr he fayeih, vt po^ to the cm^m. Tart i . C a p. 11 I T. 79 fulo magtjiram , iu inagijlratui prefunt leges. A cicero.lL good Piinccor Magiltrate maketh his accept, that as he IS ouer the people, folavves are oner him^and a ry rant the contrary. And greatly is Cod.l.t, commended the faying of Theodofm and Valen- ^^^^j^J* fim4«,rvvos^orthy Emperors, recorded in our ciuil law who fayd: Digna vox tit maieftate regna^ tisJegibiis fealligaumfateri. It is a fpcch worthy of the maieily of him that reigncth, to confeilc that he is bound vnto the lawes, and the con- trary fa y it? gofihcTyrant Catus Calignla, i s i u ft 1 \r dctefted by al writers , who faid vnto one as Suetonius reportcth. Memento wthi omnia & pww^ /iarr,icmember,thatal things are lawful in Calig. vnto me and againft al men without exception. The laying alio of the famous EmperorTra- ^om-i ian deferueth immortal memory and commcn-*"^^^^*"* dation, who when hedehuered thelword to a pretoror gouernour of Rome, to do ioftice, he added thes wordes. Take this fj^ord , and if I doreigneiuftly,x[eitfoY7ne^ mdtf net, then vfe it agamjtme. Which in efFe<9t and fubftance are the very fame vvprdes which our chriftian Princes at this day do vfe at their entrance and coronations, when they promife and fsveare to rule iuftly,and according to ihe lawes ftatutes, and ordinances of their countrey, and vppon that condicion do take the orhes of their fub- ieds obedience, piotefting iher vvith-al, that if they perfonne not thii^thM wen their fubteils are jreelt^^c^f^ as before from al allegeance.^nd then may the com-iowing, j moa wealth as alib the very officers themfel- G i uesof So A Conference touching fuccepm lies offuchaking, vfeiherfword againft him, vvhogaueit to them, for the pubisque good, ifneede lb require, asTraiancommaunded. Thc^ It was truly the word of a noble Prince ^i^^^^faidacerraineCapraine of the company ther dicr. prefent , and rightly deferued he to be vvel obeyed, who gaue fo liberal and iuft a com- mifliontobedifobeyed : but for that yap fa id, they that are Princes now a day es do the hke inefFcdlat their admiffion to gouerment and at ther coronations: I would be: glad to heare what they fay or fvveare at this their entrance, for certaine I am that afterwards I find very few Princes, that are contented to haue this point purin excecution, I meane to be difo- beyed whatfoeuer they do,or howfoeuer they line; and moreoucrl fay, that what ibcuer you lawyers fit and talke of. Princes right in your ftudies, yetl findeno wav but hanging for a man of my profeffion , if he fhal diiobcy the worlt Prince that liueth, & you lawyers wilbe the firft that fhal giue fentence againft }iim,if he chance to come before you in ludgment. Trueiris,faidthe Ciuilian, wher raacti/il authority taketh place, ther no queftion of right auailcth to be dirputed,& if a lavy ver or any other man els,be in feare or dai( get of his owne life, he wil rather giue fentence againft another, then receaueit againft himfelfe^but Tke occa^^^^^^^^^^^^^^^^'^^^^ "^^^ "^"^y driuen to. fion of do by fcare or force of eucl Princes , but what Sapwt!. i^^igl^^ C(juity, and good con fcicnce may be donc^ tothecifoit?ne. Van i. Cap. 11 II. 8i j done:and this not fo much by priuate or par- j jiculer men (who may not be ouer bulie iu ex- j aminmg Princes rights, or vvhe-ther they per» I forme their duetyesorno^ as by the common weahh,vppon vrgent neccffity and dew delibe- ration had , againft eucl Princes , that breake openly theirothes and prom.ifes made at iheic firftentrance,vvhich promifesfor thatyou arc defirousio vnderftand them, lam content to pafleouer alfo vntothis point, and fo much the rather,fcr that it maktih much to the pur- pofevvehatie in hand, or rather it is, the very true ground m dcedeboih ofal lawful gouer- inent and (ubiedion, among chriftian people. Forthatby this orh, both the Prince and lub- iectdo ; ome to know and agree vppon their daetyes and obligations the one tov\aids the oihf r, as alfo both of the, towards god &c their tiuiuecountrey. But forthatrhis morning (^jeineih now much (pent^and my ftomatk tei- Itth me that ourdinner cannot be far of, lecvs defer this n»atter if you pleafe vntil after noone, at what ty me,we i hal crowne a king betweene vshere, with much more fcciHty when we fhal haue lelle occauons of hungar to diftrad pur cogitations. OF THE ti A Confemce touching fuccef ton OF THE CORONA^ TION OF PRINCES AND MANNER OF THEIR ADMISSION to thtir author tty^and the othes Tt^hich they do make tn the fame vnto i he com-- mon Ti;ealth, for their good gouerment. C A p. V. DINNER being ended, the Ciuilian lawyer began to profecute the matter propounded in the end of the former ^p^*" chnpcer^concerning othes and promi- ses. * fesmadeby Princesat their firft admilfion to gouerraent,vvherinfirft he declared that for^s much as not nature, but the ele(5lion and con- fent of the people, had made their firft Princes from the beginning of the world, as largely be- fore and often had bmdcmoiiftrated: moftcer- taincitappered , and conforme to al reafon, that they were not preferred to this eminent power and dignity ouer others , without fome conditions and promifes made alfo on their parts,for vfingvvelthisfupreme authority gi- ucn vnto them: feing it is not likely (quoth he) thatany people would eueryeeld to put their liucs^goodes, and liberties in the handes of an other, without fome promife and aifurance of iuftice and equity to be vfed towards them, and hereofhefaid itcame to palfe, that bothe the Romans and Grecians to their ancient kings prefcribed tothecfci^ne. Vart i. Cai>. V. 8j jprefc nbed ihofe lawes and limiics , which be- fore hauc bin fptcihcd. And in eucry common wealth the morel or- derl) the Prince commeih to his ciowne and dignitv , the moie exprcUe and ceriaine hauc bin ciier thes conditions and agrcments be- rweenc him and the pco,^Ie,as on the other fide the more violently the Prince gctteih his au- thority or by tyranny and difbrdcr, asthos an- cient and firft tyrantcs of Afyria to W'it Nemrod, Entrance JBelusy^vid the like, that by meerc force and of ;tyrants guyle gat rule ouer others, and the old ^i^g^^goucr-^^^ of Egypt and Babilon, and thos of the Roman mem. Emperors that by violence of (buldiars only gat inro theRoyalfeate^andalfuchasat this day do get by force to reigne among the Tur- kes. Amog thes (1 fay) it is no maruaile^tbough fewcodirions of luft dealing may becxpeAed^ though Idoubtnotbut yet to rher followers and aduancers ^ thes men alfo do make large promilt s of good gouerment, at the begining, as a! ambitious men are vvont rodo , though with liilcintentionof perforn ance. But in al good and vvel ordered com^mon vveathesvvher matters pafle by leafon^ con- jfrience/vvifdomand confultation , andefpe- cially fincechiiftian religion hath preuailed, 8c \ giuen peifedVion to that natur^il light , which Jf/rj^jj! morallgood men had before in matters of go- ^ing cnn- uerment: lince thattyme (I fay^^ this point ofg^^j"*^' mutual and reciprocal oihts betweene Princes and fubietls, at the day of ther coronation or admiilion 84 ^ A Conference touching fuccej^ibn admiffion ((or al ard not crowned j haue bitl mnch more eftablifhed, made cleare and put in vre. And this forme of ao[reemenr and conuen- tion,bcrwenethe common wealth and their chriftian head or king, hath bin rediiced to a more facrcd and religious kmde of vnion and concord^ then before,for that the vv hole a<9^io liaihbindonn bv Bifhopes and ecclefiaftical Prelats,and theaftipularion and ^romifes made on both fides^haue palTc^d and bin giuen, recea- ued and regcftred vvi[h great reuerence in fa- cred places, and with great folemniry oFreh- gious ceremonies, which before vvere not fb much vfed, though alvvayes therweare fome. And therfore our examples at this ryme fhalbe only of chnftian common weaithes, for that they are more peculiarly to our purpof© as you wilconfelTe, Fjrft then ro begin with the Eaft or Greekc Emperors of Conftantinople as the moli ani- Ti:e man cient among other, for that after the Empire rerofad- once tranflated from Rome to Conftantinople^ Gicekf by our Conftanline the great,and the fii ft Chri- "^TlieTrT ^^^^ Eniperor that euer did pnbliquely fhew lonatioii! himielfcfor fuch, thesGreeke Emperors were the moft eminent Princes of al chriftianitv, amongvvhomldofinde that albeit ther com- mingto thecrowne were nothing fo orderly, for the moft part as at this d iy it isvfH , but many tymes themeanes therof were tnrbulct and (I'ditious, yet find I fas Ifaye) that oboue a ihoufand yearcs gone^they were wont to haue an oih tothecrol^ne. fart t. Cap. V. 8f an oth exaded at their handcs, by the patriarck ofConftantinople, who was their chiefe Pre- lote/or thus wnteth Zonam of the coronation of Anajlatm the firft, that fuqceded Zcno, about theycaieof Chnft 524, Antequam coronaretur^ zontit. ftdeiconfefsionmfcnftaniyqUiipUtm^ fe ^^^^i^'^^'^f tndttbus Euleftajiicisnthtleffemuatiirum, abtitexegtt ^\x^ ah^:- pawarcha Euphemmvtr fanilus & or t bgdoxus. T lit Patriarch Euphemius being a holy and carho-lne. Tart i. Cap. V. 89 ckur&in ee colocatur. That is, the king being annoinced with holy oyle was crowned by the bifhops, and by the fame was brought to the royal feat and therin placed. This happened about the yeare of chrifl: 940. and the ceremo- ny is recounted more amply in this mans coro* nation, then in any other^both for that he was a very noble Prince, and the veryfirft of the Germain nation,that was lawfully and orderly preferred to the imperial feat , after that it paO- fed from the children of Charles the great, and iher be diuers points worthy the notmg in this example, and among other that albeit he were lawful king and Emperor by fucceflion, as alfo by appointment of his father : yet was he cho- £]c£Uoa.^ fen and admitted againe by the Princes and people , & that he fwore to fulfil al thofe pom- tes and condicions, which the fignification of the Emperial ornaments did bynd him vnto. After this, about 60. yeares or more. Pope Gregory the j. in a fynode holdeninRome, Q^^^a^ did by the confent of Otho the third Emperor, Eleaois. and nephew vnto this other Otho , of whom we haue now treated, appoint a cerraine forme ofeledlio forthe tyme to come of the German Emperor,to wit, that he fhould bechofen by fix Princes of Germany, three ecclefiaftical which are the archbif hopes of lAogimtu, Colen, \ & Treuircs, & three temperal Lords, to wit, the gicnd-dc- Duke of Saxony , the Counte Palatyne ofcad.zU.j i Rh-ne,and the Marques of Brandeburge , ^nd^^^^'^l^ I when thes fix voices fhould happen to be j " Hz equally cfo ^ A Conference touching fuccepm equally dcuided,then that rhe Duke of Boemia (for then it was no kingdom j fhould haue placp alfo to deter myne the clcdlion. Al which was determined in the yeare of Chrift 996* in Rome,andapproued afterward by al the Prin- ces of Germany, and allowed by al other Chri- ftian Princes, and ftates of the world, and Co endureth vnto this day. And among al other points this of his coronation and his orh to be taken for his welgoucrment, was and is moft exadly fet downe, & recorded by many hifto- riographers of rhar tyme, and fince: But I f hal sieyd.lL I alleage them only out of lohn Sleydan, as the An^^ip. niofteonuenient author for this our tyme and purpofe. The man Firfl: of al then he wfitcth^that after any man ncr of the chofen Emperor, he is to be called only Cdtfat coronatio and the king of the Romans^and not Emperor, at this yntil he be crowned, and the conditions which hefweareth vnto prefently after his cleifiion^ ArCy to defend the chrijlian and cathollque religion^ to defend the pope and church of Rome , li^hofe aduocat he is.to mmjler iufitce equally to aU tofoUo^ peace^ to sieyd. vbi l^pe and obferue allar^es rightcs and priuileges of the Bmpjre.not to alienate or engage the poffej^tons of the empjrcy to codemne no man T)^ithout hearing his caufe, but to fuffer the courfe of la'^ to haue his place , in al and 'j^hatfoeuer he f hal do otherT^ife, that it h vojd and of no Validitieat al VntoalthesarticlcSj he (weareth firft by hisj legates &: then he giucth a coppy of his othe in ^ writing to euery one of the ux elcdors, and^ afteri tothem^ne. Tart i. Cap. V. 91 after this he goeth to the cytie of Aquu-gran to be ctowoedin thegrear church , vvher about the midlc of the mailcjthe archbifhop ofCoIea goeth vnto him in the prefenceofal the people, and aiknb^'j^hether he be redy to fli^edre and J^^^^-interro- mife to obferue the catkoltckjeligto^ defend the church , gatories minifter m ftice.protecl the '^idol^es and fatherless and ^^^^ciov, yeald duttfid honor and obedience to the pope of Rome^ wherunto he anf\/veringthacheisredy rodoal this, the Archbifhop leaderh him to the high aulter vvher he fwearethm exprefle words, al thes articleSjVvhichbcingdone, the faid arch- bifhop turning himfelfe to the Princes of the empyreand people therprefent doih afke thatiy T^hether they be content to fl^eare obedience and fealtievntohim.T^ho ayifl^eringjea, he is annoy n- ted by the (aid archbifhop before the auher, and then do come the other tvvo Arch bif hops of Moguntta ^nd Treueris , and do lead him into the veftcry, vvher ccrtaine deacons are redy to apparrelhim inhisrobes, and do fet him in a chayre^vppon whom the ArchbifhopofColen faith certaine prayers, and then ddiuereth him o^af^^^ a (word drawne, and putteth a ring vppon his mcms. , finger,and giueth him a fcepter in his hand, 8c then al the three Atchbifhops together, do put on rhe crowne vppon his head, and leading him fo crowned and apparreled vnto the high aulter againe, he fvvearcth the fecond tyme, that he ^il do thepart of a good chrijiian and C^tho- Second Itcl^mperor. Which being ended he is brought back and placed in the emperial feat & throne, H i vvher 5)1 A Conference touching fuccepon vvher al the Princes of the empyre dofwcarc obedience and fayth vnto him, begining with the three Archbifhops , and continuing oii with the three other dcScotSy and fo al the reft in order vvhich is a notable and mageftical manner of admitting and authorizing of a To bc^ Prince as you fee, and it is to be marked among noted, other things, that the emperor fweareth three tymes, once by his deputies and twife by him- fclfe^beforc his fubieds fweare once vjuo him, and yet wil Belloy as you haue hard,needs haue fubieds only bound to their Princes, and the Prince nothing at al bound to them againe. The man ' Polonia, which being firft a Dukedome ner ofco-^asmadea kingdome, aboute the fame tyme tn Polo" ^hat this forme of electing of the German Em- ilia, peror was prefcribed, the manner of coronatio of their kings,is in fubftance the very fame^thac we haue declared to be of the Emperor. For firft pfal^ihe Archbifhop of Guefua metropolita of al Polonia, commeth jothe king (landing be- fore the high aulter, and fayeth vnto him the$ Alex Gua WPrdes. VVhcYOfyou are right noble Prince to reccauc loion 4r our handes this day T^ho are (though yn^orth'tly) Torn"! . i^ p^^^ ofchrijlfqr execution of thisfun^ion, the fa- ^c^^^ ^r^r/4«;/^;7f/>^4w^ other ceremonies^ enfignes^ and mcr. fol. ornaments appertejning to the hinges of this land , it j»o.& xo5 fhalbe^elthat H^e admontfb yon in a fe^ H^ordes, T^hatthe charge imfortethT^hichyouareto takevp-' fpnjoUy &c. , Xhus he beginneth, and after this^ hedecla- ??yivmo him fpr what end he is made king. tothecrol^ne. Van i, Cap. V. 39 I what the obligation of that place and dignity i byndcthhimvnto , and vnto what points he ; niuft(wearc^ what do fignifie the fword, the I ring,the fceptor^ andthecrowne that he is to I receauc, and at the deliuery of each of thes I things he raakcth both a f hort exhortation vnto him, and prayer vnto God for him. And the kings oth is in thes vvoids. Tmnitto corum Thckiog* Deo & anzdisem,\domovc\\(t and fweare be-?^P^^^ fore God and his angels, that I wil do law and oth«. iufticetoal, and kepethc peace of chrift his ChuLcheandthevnioofhiscatholique fayth, and wil do and caufe to be done dew and cano- nical honor vnto the bifhops of this land^and „ to the reft ofthecleargicjand if (which God for bid) I f hould break my oth, I am content that '^o^^^ de the inhabitants of this kingdome,fhai owe no p^^^* ' duty or obedience vnto me as God fhal help,, me and Gods holy ghofpelles. After this oth made by the king , and recea- iied by the fubieftsjthe Lord Martial general of the whole kingdome, dothafke with a loud voice of al thecouncellors^nobility, & people ther pre(ent,*R?/;^r/;f r they be conte^it to [ubmit them- feluesvnto.thisking or no Whoanfweringyea: the archbifhop doth ende the relidue of the ce- remoniesA'doth place him in the royal throne, whcr al his fubieds do homage vnto him, and this for Polonia. In Spay ne I do find, that the manner of ad' The ad- mitting ther kin?s was different, and not the Uine before and after the diftruilion therofspaiiic. H 4 by the ^j^^^^^onference touching fuccefm by theMooreSjbutyet that inbothtymes ther kings did fwe^re in cffed the fclfe farae points which before haue bin mentioned m other kingdomes. For firft, before the entiing of the Mooreswheafpayneremayncd yet one gene- ral monatchie,vnder the Gothes, it is recorded in the fourth national coucel of Toledo w hich was holden the yeare of our Lord 635. accor- raksiu?. ^^'^'g Ambrofto Morales, the mod learned & di- C.17. hilt, ligct hiftoriograi^herofSpayne, (chough oihec f^t!emf^" do appoint it fome few yearcs after) in this ciemcon- councel (I fay) it is faid , that their new king Sipmndus (who had tx^tlkd Suintila ther foc- Thehu J^'^'^t Jcingforhiseurl gouerment). This king fniiitie of Siffinandus I faye com ming into the faid con n- y^'^^j^^^" eel in the third yeareof his reiene, accompai- nedwirh ainoft magnihcent number or no- bles ^ that waighted on him , did fal downe^ proftrate vppon the ground, before the Arch- bifhopSjand bifhops ther gathered rogether, which were 70. in number, anddefired them with teares topray for him , and to deceitnine in that councel, that which fhould be needful and mod conuenient both for mainteyning of Gods religion,and aifo for vpholding and pro- spering the v^'hole common wealth: wheruppo »thos fathers after matters of religion and re-r formation of manners, which they handled iri 7} •chapters. In the end and laft chapter, they T0I4.C. come to handle matters of eftateaUo. Andfiill 74* of al they doconfirme the depofirion of king Smnttla togcihei: With his wife brother , ana cliildicn;^ to the crcr^ne. Tart i. Cap. V. 9; child ren»and al for hisgrtatwickednes, which in the councel is recounted,and they do dtpiiue them not only of al title to the crowne^but alfo of al oihei goods^and podeiHons, mouables 6c immouabks, fauing only that which the new kings mercy fhould beftow vppon them , and in this councel was prelenr and lubfct ibed firft ofal other, ^. ifidorm Axchhiihop of siutl , who writing his hiftory of fpayne dedicated the fame vnro this king S'tftnandtis. and fpeakcth infinite Ambron good in the lame^of the vertocs of king 67tmf/-^^3^3U.u /4, thatw^as now depoled and condemned in^^^'*^* this laid councel, whciby it is to pre fumed^thac he had changed much his life afterward , and ; became (o wicked a man , as here is reported. After this, the councel confirmeth the title ofStjhnandus, and makcth decrees for the de- fence iherof, bur yet infinuareth what points he was bound vnto, and wherunio he had fworne when tney (aid vnto him, Teqvoque pY ipk in iuftice and piety , and that none of you a* jdogiue fcntence alone againft any maincaufe?* |of life and death , but with the confenr of,* iyour publicjue councel, and with thos that,> begouernours in matters ofiudgmcnr. Audi* lagainft al kings that are to come, we dopro->j I H / mulgatc 9ihcn Don rhilippe now king of Spayne re-vnited againe vnto that crowne the king^ dome of Portugal which was the laftpecce, that remayned fepcrrated and this was almoft 900. yeares after Spaine was firft loft. But now to our pnrpofe, the chronicler of SpsLynCynamedAmbrofio Morales doth record ia TTiego- his chronicle a certame law, written in the ofDoT fonge, and left fincethe tyme of this Peiay^r ^OH PcUjo the fif ft king, after the vninerfal di- Kingof fttu(3-ion of Spime , and the title of th.' law h AtXof ^his. Como fe an de leuantar Rej en Ejpiia , y como el Moral, li. hadelurarlosfmos, that is to faye, how men *i-cap.a. m^jfl; Q^al^e jh^j. kwg in Spaine, and how he muftfweare to the priuileges and liberties of that tothecroMufne. Tart t. Cap. V. 99 thar nation; And then he putteth the articles of the law, vvherof the firft faith thus. Before althinges it is eJlabltfhedfoY a Uli^Jibertjf^andpmt-yi ledge of Spayne, that the king is to be pUced ^v(?r->» ces and confent perpetually ^ and this to the intent that >» no eticl kwg may enter l^tthout confent of the people, feing they are to giue cohinty that T^hich Ttith ihers^ blood and labour es they haue gayned of the Moore s, j» Thus far goeih this fiift article, which is th^Epj^l^^^ more to be marked , for that diuers and thosTuyeni: moft ancient fpanifh authors do fay, that from thisD(?«Pf/^a, thefucceflion of kings defcen-Lodou. dedenerby propinquity of blood, and yet vve^^^J^^^^^^ fee that eleftion was ioyned iher withal incx-ied. pre(retermes. The fecond part of the law conteyneth the manner of ceremonyes vfedin thofeold dayes at the admiffion of their kings, w^hich isex- preffed in thes woitleSjlc t the king be chofen & The old admitted in the metropolitan citie of this king-^P^"»^^ dome,or at leaft wife in fbme cathedral church, nyes in and the night before he is exalted, let him ^^^king^ watch al night in the church, and ihe'next day gc. let him heare maflcjand let him offer at maffc „ a peece of fcarlet , and fome of his owne mo- ncy,ind after let him communicate, and when they come to lift him vp let him ftep vppon a,, buckler or target and let the^ cheife and princi-,, pal men iher prefenr hold the target, and fo lif- ting him vp let them and the people cry three,, tymes,as hard as they can, RealyEeal^Real. Then let the king comaund fome of his owne mo- „ ney, 10 lOo A Conference touching fucceftoH ney, ro be caft among the people, to the quan- >9 ticy ofahundreth f hillings, and to tlie end he 3, maygiueal men to viiderftand, that no mam 9^ now IS aboue him^let him felftye on bisownc 3> fword in the forme of a crolle, 6c let no knight 53 or other man^beaie a fword that day , but only: 99 ihekinge. This was the old fafhion of making kings fentman- in fpayne, which in efFe<5l and fubftance remay* ncrof y^Q^i^ [^jl^ though the manner therof be fome- * what alrered,for thar the fpanif h kings be not crowned,bu t haue an other ceremony for their admiffion equal to coronation which is per- formed by the Archbif hop of Toledo primat of al fpayne, as the other coronations before mentioned are by the Archbif hop of Moguntia, to the Emperor, and by the Archbif hop of Guefna to the king of Polonia, and by the Arch-i bifhopofPragatothekingof Boemia, and by the Archbif hop of Braga to the king of Portu- gal^ and by the Archbif hop of Canterbury to the kingof Ingland, and by the Archbif hop of Rhemes co the king of France,of which realme of France we may not omit to fomewhat in particuler, feing iris fo goodly a kingdome, and fonecre to Ingland, not only in fituation, but alfo in Lawes manners & cuftomes, and as theraceoflndifh kin^s haae come fio them in diners manners,(ince the conqueft, fo may it be alfofuppofed that the principal ceremonies and circumftances of this actio of coronation, hath bine rcceaued in like manner fj:om them. Firft tothecri^m. Van k Cap. V. loi Pirft then touching the adle of coronation Jlt^?^ and admimon or the king of France, euenas be French fore I hauc faid of Spayne, fo alfo in this king- dom do I find two manners of that ac^tion , the one more ancient which the French do fay hath indured iii fubftance from ther fiift Chti- ftian king named CWa/(m,vn to this day^which is about eleue hundred yeares,for that Clodouem vvaschriftened theyeareof our Lord 490. in the cy tie of Rheims by S.Remigius, Bif hop of ^^^JJ that citie , and annointed alfo and crowned nies. king by the fame bif hop, which manner and order of anoynring and coronation endured after for about 6. hundred yeares, vnto the tyme of Henry the firft, & king Phillip the firft: his fonne^both kings of France. Ac what tyme (which is about 500. yeares a gonej both the Chroniclers and Cofmographers of France do Bclfor I. j teftifie,that ther was apcculier booke in ^^^^^l^J^^' library ofthe church of B^^^j^, conteyning the mograph. particuler order of this adion , which had en- ^"i"^^^- ^• dured from Clodouem vnto that tyme. Which plp"f ' order,forfo much as toucheth thcfolemnitie ^^^j^j"- of officers in the coronation and other like cir- pag i. ^5* cumftances , was far different at that tyme, from that which is now,for that in thofe dayes ther were no pceres of France, appointed to af- fiftthe fame coronation J which now are the chiefe and the greateft part of that folemniiie. Yc^ GirardduHatlan fecretarie of France in his^^^^^^j third booke of the affaires and ftate of that 3 dehb. * kingdome,fay th, thatihe ceremonies of crow- ^^^^^-^^ ning '^^ * 101 A Conference touching fuceepon iiing their old kinges were much after ^the fafhion which I haue noted a htle before, iii this very chapter, out of the law of Don VeUjo firftkingof Spaine, after the Moores, for that they were lifted vp and caried a-bout vppon a target by the chicfe fubiectstherprefent as the Spaniards were. But as touching the principal point of that adion which is the fubftance of admitting the king vnto his royal authority 3 and othbyhim niadeofgouerning wel andiuOiy 3 and of the reciprocal oih of obedicce made to him againc by his fubieds , it was not much different from that which now i%as f hal appeare by the coronation of the forefaid PhiHip the firft, who was crowned in the life and prefence of his fa- ther, king Hcniy, after the fafhion then vied in the yeare of Chrift 1 0/9. and it was in man- Trancis following^ as Nangis and Tillet, both autho- Bcifor. res of great authoritie among the French , do li'b/^c.2o* recount it, and Francis Belforefl: , out of them in vita both repeatcth the fame at large, in thes words ^^"^'^•'^ following. The CO- Henry the firft of this name, feeing him- lonation felfe very old and feeble, made an alTembly of Su^r^ al the ftares of France in the cytie of Paris in the Phillip r n I thcfiift. yeare of Chnft io<'9. whei bringing in hi$ a yong fonne and heire Philip that was but 9. yearesofage, before them al, he faid as fol- 3, loweth. The Hither to my dere frends and fubicftsj haife fhe^j!^^ bin the head ofyour nobility, Scnien at armcs^ tiicr. but now tothtcid^nt. Tart I. Cap. V. ibj but now by myne age and difpofirion of body, \ do Wtl perccaue, that car it be long I muft be feperared from you , and therfore Idodefire^^ you fharifeueryou haucloucd me, you fhcw^^ it now in giuing your confent and approbatipn that this my lonne may be admitted for your ^ king,anda]pparaled with the royal ornaments of this crowne of Fi*ancc , and that you wil Iweare fealcie vnto hm},anddo him homage. Thus faid the king, and then hauing alked cucry oneofiheaffiftance inparticuler for his confent a part,and afterwards the whole affem- biy in general , whether ihey would fwearc obedience to him or no, and fynding al to pro- mife vvithagoodwil, hepafled oucrthc fcaft^^ of the affenrion vvith great ioy in Paris, and afrer vvent to Rhemcsvviih althe court and tray ne, to celebrate the coronation vppoh the feaftofwhit-fonday. Thus far are the wordes of William de Nan- Notes vp. gis alleaged in the ftory of France by Belforeft, and it is to be noted firft, how the king did re- fpeach«k iqucft the nobility & people to admit his fbhne, and fecondly how he did af ke iher confents a partjfor that thes two pointes do euidently c6* firmc that, which I (aid at the beginning, that only fucccflion is not fufficient, but that coro- nation euer reqUireth a new confent,which al- fo includcth a certaine eleftion or new appro- bation of the fubie(5ls. This is proued alfo moft manifeftly by the Very order of coronation which infueth in i Belforeft, 1 C4i A Confcrmce totichifrg fuccefm ^ff'' Bken vvuid for word out of Tillet, ivt Tiiict €. his trcatilc of Rccordes, in the chapter of annoia* dc$ Roys. ^^^?> kings of France in thes wordes. Thcpar. Iniht* ycare of grace 1019. and 32. of rhe mViIncr ^^^g^ of kmg Henry the firft of rhis name of ofcorona France, and in the 4.yeare of the feat and bif- hoprick vf rieruays Archbifhop of Rhcmcs.and^ ^^in thc2^.davof May being v\hit.fonday5 king Phillip the firft was anointed by the faid Arch- hifbopGiT^^y^m il e great church ofRhemes^ before the aultcrofour lady, vviih the order &c ceremony thatenfuetb. The malfe being bcgonne, when it came to ihe reading of the Epiftle, the laid Lord Arch- ^'bilhbp turning about to Phillip the Prince^ that was iherprefcntjdeclared vniohim vvhac y^^P^j^y was the Caiholique fayth, and afkcd him of fiith. whether hedid beleuc it, & whether he would ^ defend it ngainft al pcrfons whatfoeucr, who ,5 affirming that he would, his oth vvav brought ^> vnto him , whcrunto he meft fwcare , which 5, he looke and read With a loud yoyce,and figned it with his owne hand, and the words ol ihc 5, oth were thefe. leVhtbfpe par le grace de Dicupochdmi'ejlu cr^ donneFoy de Travce. prcmtts an hut dv men facred^^ pantDieu &fes faniles &c.Th^Li is in ii glil h,(fof I vvil not rrpt are al the oth in French feing it is Thcoth power, and aseuerv king ought to do , and aS9> by right and equity he is bound to defend cue- >t ry Bil hop and church to him comittcd within his realme, and further more I fhal adminifter»> iuftice vnto al people giuen me in charge , and >» fhal preferue vnto them rhe defence oflawes» and equity appertaining vnto thcm,io far forth j> as fhal lye in my authority, fo God fhal helpca> me and hisholy Euangelifts. This oth WiiS rend by the king, holding his,, handes betwen * the handes of the Archbifhop of Rhemcs,and the bil hop of Syen and Btfanfvn, kgats of the pope ftandirg by, with a very,, great number of orh^r bifhops ofrhe realme. And the faid Archbif hop taking thecrolfe of,, S.Kermgiusin his lands, he fh^wed firft vnto ,, al the audience , rhe ancient aaihoritie which „ the ArchbifhopsofRhems had euen from the tyme of S.Rcmigius that baptized ther firft ,i chndiznkin^Chdotieus, toannoirit & crownc ,i the kings of France, which he faid was confir- ,j nied vnto them by ptiuil^^dgc of the pope Hor^ ,i wi/Hftthat liuedin theyeareofChrjfk yr6. and after alio by pope K/(3or,and this being done,hc b^^^'-J- i thcn(by licence firft afked of king Henry the father ther prefent)dydchofe Phillip forking. 1/ eput Ic dit Phihppe fonfilsy en^&pourUcy de FramCy which is word for word,the Archbifhop cho(« I 1 the toS A Confefencetmhingfuacfm the faid Phillip king Henrycs (onne, in and fot king of France, which the legats of the pope prelcntly cofirmcd, and al the bit hops Abbcts^ and clcargiCjWith the nobility & people in iher ordcr,did the like, crying out three tyroes in The pco- ihcs vvordcs. Kous k affwMuns.nom levoulonsyfiit ^^^^^^^^faitmjire Eojjthzt is^v\e appioue his eledion^ adniiffio. we vvil hauc him,let hita be made our king,& 5, prefenily was fong, Te DcumUud^mus in the quyar, and the reft of the ceremonies ofanoin-*- ^, ting and coronation were done, according la 5, the ancient order of this folemnity, v ftd in the ^,tyme of king Phillips prcdeccficrs kings of France. Thus far do French ftories recount the old & ancient raannef of anointing and crowning ther kings of Fiance, which had endured as I liauefaidjforalmoft 6oo.yeaies that is to (ay^ from C&iai/mvnto this king Phillip the firft, who was crowned in Fi ance y.yeares before The latet^o^ William conqueier (who alfo wasprefent order of^ at thiscoFonarion,& had the third place am6g faFx^ce!^^^^^"^P^^^l Princcs as Duke of Normandic) entred into Ingland , but after this tymc the manner and ceremonies was fomwhat altered^ nnd made tfnore maieftical in outward ( hew, & this efpecially by king Lewis furnarted the yonger^ nephew to the forefaid king Phillips who leaning the fnbftance of the a xhurches of France:Syre ihac which re«.juire at youf handes tbh5day , is that you promile vntovsithatyou wil kepeal canonical |>riuile- „ gcs law and mftice dew to be keepr 8c defended ,^ as a good king is hound to do in his reaime^and CO eiiery bif hop and church co him committed: whenmro the king anfwered. I do promifft and^ AU0^t9^u:ini one o f you and to euery church to jon „ committed, that I iPil kepe and maintejne al cammed frhnUges lal^ andiuj^'ue de'^ to etmy man to the term ojl of my po^et , and hy Gods he^pe f hal defend , $ youas agooi king if hound'o doe, in his reulme.This being done the king did fvveare and make his»> och, Uf ing hishindesvppon thegofpelin thes wordes following. ^««0wrffre/?« ChriH , te ture ^^^^^^ & promets au peuple chnliteii a may fttiecl cescm- French fes.&c. Which is m Inghf h: In rhe name of le- fusChrift: I do fwearc and promifc roal Chri day. ftian people fubiecivnio me the? pomts enfu-»> ning:firft to procure thic al my ^tibieds be kcpr »> inthevnionof rhe church, and I wil defend them from al exce(Te,rapinc,extor(ion, and ini- ^^ quity , fecondly I wil take order ihit in al iudg- »> ments iuftice fhalbe kept, with equity and ,t mercy J to the end that Godofhis mercy may >9 conferuevnto me with you mv people his holy „ giuicc and mercy. Thirdly I fhal endcaoar as „ muchaspoffibly fhal lye in me, tochife and » out of my realms and al my dominions, al I 4 fuch ^, fuch as the church hath or f hal declare for he- ,5 retiques,as God f hal help me and his holy gof- j^pcls-Thusfwereth the king, and then kyUeih thegofpels^and mediatly is fong. Te DeumUu^ „ damns, and .^fter that are laid many pariiculer prayers by the Archhifhop,andthen is'ihe Icing 99 vefted,and the ting, fcepter, crowne, and other ,3 kingly ornaments and cnfignes arc brought & putvppon him, with declaration firft what they fignifie^&then pariiculer prayers are made toGod, that ther fignification may be by the kmg fulfilled. And after al ended the Archbifhop with the Th^qch. Bif hops do blefle him , and fay thes vvordes |>!cflri^ vnto him. GodT^hich reigneth m heauen andgouer^ & fpcch i^th al klngdomes hUffeyou, &x Be pu ftable atid ncv?^ C^^fi^^h and hold yd.ur place and right, from henat kmgc. forth T^hich heere ts committed and laid vppon you by the authority of almighty God.and by this prefent tra^ dttion and deltuery ^hich '^e the b^fhops and other j9 feruants of God do make vnto you of the fame, and re-- 9i member you inplace conuenim, to beare fo much more, 3> refpeH & reuerence vnto the clear gie. by hoT^ muck 9% neerer then other menyou haue feene . to approch to Gods aulter, to the end that lefus Chrijl mediator of i^Godandmanmayconfirmeandr^aynteyneyou by the f> clear gte and people, in this your royal feat and throne^ %y Itfho being lordof Lords and king of kings ma\e yoti reigne ^tth htm and hts fathjer tn thf lifeandglory 5> euerlafling. j> Thus faith the Archbif hop vnto him, and 91 a^fter this he is led |;>y hir^ and the other peares. vnto the feat royal, whcr the crowne is put vp- von his head, and many other large ceremoneies ,^ vfcd which may be read m the author afore,^ faid,and are to long for this place. And yet hauc I bin the larger in this matter of Fiance , for ;hat I do not thinke it to be improbable which this author and others do note, tovvit^ that moft mtions round about haue taken their particuicr formes of anoynting and crowning ^j^^ their kings,from this ancict cul^ome of Fiance, rcr of co- though the fubftance therof, I meaneofther (acring and anoynting, be deduced from exam- Fiance* pies of far more antiquity, to wit, from the very hrft kings among the people of irrael,vvh5 God g^^^^ '®* caufedtobeanoyntcd by hisprieftes and pro- t.Reg.i* phcts,in token ofhis eleAion, andas a lingu- ler priuiledge of honor and preheminence vnto iheixijwherof king Dauid made fo great accopt when he faid to the fouldiar that had killed Saulhisenimye in the warr, q^Ytnonttmiu^i ^^^^^^^ mttere manm tuam kn Chnjlum Domtm, Why diddeft thownot feare to lay thy hands vppon lheanoyntedofGod,andheputhim to death forit^notwirhftanding that Saul had bin long before depofed, and reiedled by God, and that himfelfe had lavvfully borne armes againft him for many daies, fo much was that ceremony of anoynting eftemed in thos dayes, & fo hath itbineuer fince among chciftian people alfo, for that kings hereby are made facrcd, and do notonly perticipatevvithpriefts, but alfo with (thrift himfelfe who hath his name of this I J circum- circarallance of anoyntiag as al the vvorM knovVcch. Probable then I fay it i«» that albeit rh^ fab- ftaiiceof this ceremony of anoynting kings be mach elder then rhe chciftiaa knigdame of France :yer is this partic aler and m.iielhcal manner of doin^ the fame by wave of corona* tion, the molt ancient in France abouc al other kingdomes round abaur/efpecialv if it hwgm with therficft chriflian king ClodouAtu Rotful foj.yearcs after Ghrill , as french au* thorsdo h^ld, Atwhit tym^^alfo they recount V^\- of'^ ^ gre^^ miracle of holy oyle fenc fr <)m heaiien Kijciiiss. bv an angel for anoynting Clodoujtm , wherof they fiy ihey haue ftil remaining for the anoyn* t4agofch?ir kings at Rhcmes, which point I wil not ftand to treat or difconrfein this pl ice, biit rather wil refer my reader to thjforefaid Mfb.l. s. ^h^pt^^ of Francis Belforeft chonicler of Frace, ct|?.57» who alleageth diuers writers of almoil joo. yeares antiquitie that write of the fame, biK ho \foeuer that be,very probable it fcmeth that al the ccremoneys of coronation in Germany & Polonia before recited (which h^d rher begin- ning lon:r after the reignc of Clodoumi) might be taken fro thence^and (o the affinity and like-* nes of the c)ne to the other doih (eemeto agree, T^e^tvi and G^m&,i)f airothe chronicler of Spayne, and Garnbiy. of N anarra,in his ii. booke talking of this cn- b.si.ci ftomeofanoyntmg ani crowning the kings of Naaafra,fairh,that this excellent cullv)me be- gan iher (I means in Nauarra) aboue 800. yea^ rcspaft fe $be CYol^ne. Van i. Cap. V. iij respaftind vvasbconghtin by cerrainc ^^^1^^ J^ro"?^c4 ofChampaynof France named T/;^^/?^/rfcx who in rauar- comming to artayne that crowne brought with them thnr reueient ceremony of anoyn- nfu tig&crowning chcr kings^accordi'ig ro the \Cc ofihe French, vvh ch cnftome endurcth vntil this day inthatpartof Nauaaa , rhat is vndc^ thehoufcofF^iw '«i«?,aibeir in theother char is vnderthe Sp.uviardcs fwhich is far thegreacer) itvvaslefcofintheyeare i J. whcnFerdmande (iirnamed the Catholique king of i'paync cntrcd iher-vppon, fox that the Spanifh kings are neuer anoy nted not crowned but othcrwnfc admitted by the common wealth as before I haue declared. But among al other kingdomes it (emcth that Ingland hath mod particularly taken this cuftome^and ceremony from France, not only for the reafon before alleaged that diuers of our Inglifh kings hane come out of Fiance, as William Conqueror borne in Normandy, kingJJl'^'j^^®^^ Stephen fonne to the Earleof B/o«>and Belletiy a ronation^ French mao.and kin? Henry the fecond borne i^K"/f^ likwitein France,and lonne tothe taric ot An^ W//: but alfo for that in very deedc the thing it fclfe is al one m both nations, and albeit I haue not fenc any pariiculerbookc of thisadlion in^^^j^.^^ Ingland,asiu French theris: yet it is eafy toga- dcs Roys, therby ftorycs what is vfed in Ingland about this affaire. For fiift of al, that the Archbir|iop of Canter- {wiry doth otdinanly do thes gercmony in In- gland. land , as the Archbif hop of Rhemes doth it in France^rher is nodoabte, & with the famefo* lemnity and honor,according to the coaditioa tottirb andftateofotircoantrey:and Polidor Virgil 15 Andi< ia^*^ ^^^^ notcch th It pope Alexander did inter- %iurtea^did and fufpend the Archhifhop of Yorfce, With his two afliftants the bifhops of Londo & Salifbjry, firchic intheabfeiicc of Thomas B-cket Archbif hop of Canterbiivy, And withr out hi made and laid vppon the aulter at weftmin- , i>fter,forkeping& defending the libertieofthe w church when you were ccmfeciatcd and an- i^oynted uthecrot^ne. F4rt i. Cap. V. ji/ hoynicd king by Thebaldus our^iedcccflbr. By which wordes appercih,ihat as the king of In- gland was conlccratcd and anroynted in ihos dayes by the Archbif hop of Canterbury , fo did helvveareandgiuc vp his oihalfoin vvxi« ling, and for niore folclnnity and obhgation, layd it downc or rather offered it vp , with his cwne handes vppon the auher, fo rr uch as Vvas repuired of him by the faid Aichbif hop 6c cleargie^for the fpecial fafety of rtbgion , and iheis ecclefiafticalhbettics, which is the ftlfc fame pointe that vvc haue fene before, as vvel in the oth of ihe kings of France, as aUo of Po- Ionia and Spa) ne , and of the Etrperors both Grecian and German. The very hke admonition in effcdl ^^^^^ made by an other Thomas Archbif hop of Can- fpccch of terbury, to an other king Hcniy , to wit by *J^^^^;^ Thomas Aiundel to king Henry the fciirth, vvjieninapailamcnt holden at Couentry , in f^c^ntti theyeare 1404. the king was tempted by cer- thc^^Uig. taync temporal men, to tajce away the tempo* talityes from thecleargie,v\hcrnnio when the faid Archbif hop Thomas had anfwercdby di- iiers reafons, at laft turning to the kii g he befought him (faith Sto\v) to rmmber the oth J^hichhe voluntarily madejbat he Tn^opM honor & de- stow i» fend the church and mmjlcrs therof. VVherfore defired him to permit and ft^ffer the church to enioy thefriuileges and liberties J)?huh intyineofbii prede^ iejfors it did enioy, and to feare that king Tihtch uygmth in hmacn , ^nd by j^ hom d other kings do rcignc t X 5 A Ccnference tmching fuccefm reigne merouer he defirt d himto confider his ftmifi slfo 10 al we rea!we,%'hicb l^as that he Vrouldprcfaue rntoeuery m^nthLir tight and tttlcy fo far a$ in btvf lay. By which Ipetchof ihe Archbifhop ihc king was (o hr moiied, as he would heare nc* morcof thatbitofthelavuc, bcr laid that he would leauc the church m as good eftate, or bertcr then he found ir, and To lie did , but yet hereby we ccme to learne, what urh the kings' oflntjlanddo make at tber coronations lou- ching the Church and cieargie. HoHngrh The other conditions a!f> of good gouer- cro.pag. nnencaieparteiy touched iathe fpeach of the 47^-^ Archbifhop, and much vnoic cxpiefly fee dovvne in the kin^i of I^glands oth , recorded hy ancient wrvteis , for that he fweareth as both Hohnf bead and others do teftifie, in iher inohlhftcrics, in thes verv words, to vvir. TIjc Kin ' ^ts of ' he ^tl during his hfe, beare reuerence & honor England, xnto almghtle God^aiid to his Cathohque churchy and rnto his mtmjkrs.andihM he '^il admimjlcr laJ^ and iuflice equally to al , and take a'?' ay al mufi laii^s. Which after he had fworne, laying his handes vppon the gofp^ l5: ^hcn doth the Archbifhop ^turning about lo thepeoplejdeclare what the Icing hath promifed and fworne, and by the tnoutheofaharold ar armes afkrth tlicr con- fcnts,\vbe:hcr they becontent to fitbmn thetnfcl^ pes vnto : his wan, as vnto ther ki^jg or no , vnder ths iondttionspropofeds wheruntu v>hen they hauc ycalded themfeluesjihen beginneth the Arch- bifhop to put vppou him the leg^il crnamentf asthtf tothecrfwii. Part i. Cap. V. 117 as ihc fv\ w.rd , the ring, the fceptcr> and crowne^ a^l^^ a>btforcin ihc Ficnch coronation you hauc hard, and namclyjieguicih him che fcepter of S.Eduardthe C6nftpr,at)dxh(:i^ heacdcih allbihc fjrne wordtsofcommiffion and exhoitation aj the other doth, to wit,/4«rf atid hold ihy fU$c ani kipe $hjf 9tb ^and therunra adioynctb a great Ctinminarionoi threat, on the behalfc of ak mightit Godjifhefhould takcTppon him that dignity, wichout fiime purpolc to obrcriw: the things which rhis day he harhfwotne, and ih's is the foirmt of the Inghi h coronation W hich you may read alfo by piece mcalc in lohn Stowfi^ccordii g as oihcF rbirgs in that 5^0^^^ hiibfccfecollcftionarefec downc) but cfpc- vita m.. cially you f hal fc k in the admiflxns ss wtl of ^'^'^^^ the fard kingc Hemy ihe fourth now Lft men- tiontd^asalfoofkn-jgEdwardihe founh^ai rhcc fiift entrances to ihe crowne, for in ihcadmif* (lonof kmgHeniy,SrowfhtWcih, bow the people vverc d( maunded rhrifcjlir^^rr]^^ r/.c;Trrf iontattto admit him fvrther kinge , and that ihcfr^dc?* Archbifhcpof Canieibi)ry (who Was the rair.e««Mwo« Thoitias Arundel of whom we fpake before) tfj^^ did read vnic them what this new king was bound by oih vnto , and (hen he tookc the ling, vvhcrwith he was to wed hym to the commonwealth, (which wedding importeth as you know an oth and mutual obligation on both fides in euery marnadgejand the Earleof Ncrthumbeiland high Conftable of Ingland, for that day, waJVYiJ led 19 f hew the faid ring to the 3 1 8 A Conference tbucbin^ fuccefm to ihc people, rhar they might theiby fee the band v» heiby thet king was bound vniothcTnardsfcepterin bis handy and ^jthen the people were afked agayn^ if they would hiue him king, and they cry cd yea yea, thus failohn Stow. V And if any would take txccptiotf againft theS ofking Henry and king Edward ihe4.bicaure they cntrcd and began ther rcigncs vppon the dcpriuation of otHer kings then lyuing, ther arc yet ' tothecrd^ne. Van i. Cap. V. iij^ areyetmany liuingin Inglandrhat h.iue fcefte the feneralcoronarionsof king Edward the 6* Q.Mafy'&Q^liz^^vbetbthac now reigneth,&: can vvitnes that at al gnd cueiy of ihcr corona-* tions,theconfent of the people and thcic'ak:cep- lanon ofrhos Princes is not only demanded bjr the: pnbliaue cry of a harolde at arraes , which (landeth on both the fydes of the high fcafroldeor ftage w her6 the Prince is.cfowt»edi and the peoples anTwere expected rill thievery yei -yea r tiit alfo that the l.iid Princes gaue the'mvtiicir corporalothe vpon the Euangelifts vnto the Bifhop that crowned them, to vp holde & mnynteyne the faith afornamed, with the libertiifs and priuileges of the church, as ilfo to gouerne by iuftice and law , as harh bia faid:which othes nodoubthaue bine fwornc and taken moft folemnly by all the kings and Queenes of Ingland^ from, the dayes of king; Edward the ConfclTor at the leaft, and he that wil fee more poynresofihes othes fet down in particuler let hym teade magna carta, and he Wilbefarisfied. . By al which,and by infinite more that might be faid and alleaged in this matter, and to this f)urpore, itis mofteuident, ( faid the Ciuilian awyer)that this agreement, bargayne and con- .trad betwcne the king and hiscomon wealth, Ju^o^not at his firftadmiffion, is as ccrtaync and firme thiscap- (^nothwitftanding any pretence or inrereft he^^^* hath or maye haue by fucceffion ) as any corradt or mariagc in the world can be, when it is K fokmnized 1 20 A Conference touching fuccefiin foleninizcd by wordes de prafcnti (as oor hv^ lpeake«h) bctwene parties cfpoufcd before hf vvoides defuturoy vvhichis an adt that cjcpref^ feth this other moft liuely^as afterward more at large If hal fhew vino yoii, and confequently I muft nedes affirmc, to be moft abfurd baft and impious,ihat flattery before mentioned ofBel-J loy & his companions , in their bookes before cited,whcre he holdcth ^that onh/fuccefio of bloody ts ibeyihtng Tt>tihout further approbation j ^htch ma-* ^crtions k!t^ ^ksyigy^nd that the peoples confent to hint that is ofBcUoy. next by bnthy is nothing at 41 needful, be he ^hat he J^ tly and that his admiJSion, innn^ion or coronation is only a matter of external ceremony , Ti?tthout any ejfeU at alyfor increafe or cofirmatioofhis rtght'^thes{l C^y) are vnlerned , fond & v\ icked aflcrtions, in fia^ teryofPrinces,to the manifeftruine ofcomon weahhcsand pcruertin^^ofal law, order & rea-^* fon, which allertios albeit they haue bin fuffi- cientlyfasi fuppofc) refuted before, yet meanc Itoftandahttlemore vppo them in this place for more euident demonftration of fo im- portant a truth ^ as alfo to fee & examine what may duly be attributed to bare fucceffio alone, to th^ end that no man may thinke* wi mcane to imprque or imbafe that which we efteme in fo high degree, and thinke that the beft and fureft way ofmaynteyning kingly go^ uermentin the world: is to haue it go by luc- cefsion, as it doth at this day in Ingland, and in moft other ftates of Europe befides, though yet with the limitations & conditions due ther- vuto^ tothecfoWe. Vkn x. Cap. VI. nt rnto,wherofI fhal now beginne to treat morfe in particulcr , but after lomc little paafe if y oqi pleafe , for that this other narration hath wel wc^iied mc. VVHAT IS DVE T d ONLY SVGCESSION BY 3BIRTH, AND VVHAT INTE^ nji or right an hejre apparent hath to the cron^fie, before he be cro^nedor admitted by the ctmon y^eulth.and hoi^ 'iuflely he may be put backs jf he haue not the other fartes requifit alfo. 'Chai>^ VI. VE R y refbnablc it (emed to al the whol^ allembly ihatfomeincermiffion or paufc ifhould be admitted, as t^e Ciuilian had requi-. red, and thisafwcl for thecpfnthodicy of the hearers , who defircd to confer together more in particuler^ of the poy ntcis alredy difculled, as alfoof theipeaker , who whith reafbn affir- P*^^^^ xned that he was fomewhac weary , feing he had continued his fpech fo long^together. And fo wbiih one confenc ih^y rofe al and went into an orchard adioynirig to the hou fc , and after (bme houres fpace , returned agayne , for thateuery man fcemed very defircus toheare this other matter debated • of the inrereft of k X Prince^ Hi ACiinferencetomhingfucUptm ' Princes Before thct coronation, for that ihcf faid, it touched the very pointe it felfe , now in queftioninlngland, and that which is liketq be inadionaUb, ere it be long,Wherforc they defiredrheCiiulicin to beginne his dilcourfe, and firft o/ all ro fetdowne the yery words of Belloy about rhismarter^asilfo tlie places wh^ Re writeth the fame ^ fdct hat his alletiions ap- peared to rhtm very fbainge&:oppbfite toal leafonofftate&rpradliifeof the world, asalfo^ contrary to al that which hitherto had bitifaict and treated. ' ^ '-^ Wher-to tile Ciuilia anfwe^ed^tre^' it is, that rheyarefoj and morcplaine and giolTe flatte- ries th^neucr I haue readvttcrcd by any marj to any prince or tyrant what focuer , albeit moftof them(as you knoti'V} haue not fay led to findasfhameles flatterers ^as themfelues were eyiher va^neor wicked princes, and for my part I am of opinion , that thcs proportions of Bclloy vvil rather hurt and hinder,then profit the prince for vvhotn and in vvhosfaivourhc is thought to haue wrinen them, which is xht fcing of Nauarrawhbme hereby he would ad- waiincefasftefcmethj and haueadmitted to tfe crowne of France^ vvhithour al confentor adr miflion of thercalmcJ'Butt for my parr,as F doubt not greatly of his title by propinqoity of Blood 3 according to the law SaliquCj fo on the other fidc^ am I ofopinion , that thes propoff- tions of Btiloy in his bchalfe, that he fhoald enter by only title of birth , vvbichout cfondf- fQthemii>ne. Vmi. Cap. VI. ii^ jion confent or approbation of the realme , as nlfo vvhuhoutothannoynting or coronation, 7ea of neceffitic, vvh itboiM: r^ftraint or obliga- iion to fulfil anylaWjOxtoobTcrue any priuilcf ges to church , chapel^cleargic^oc nobiliric,ot ^o be checked by the vvhaie realme , if he rule amiffe: thes rhingesi fay aie rather to terific, the people and fet theai more agaynft his en- trance , then to aduan,ceiiis title: and therfore inmy pooue_iudgmem, it vvas nether vvitcly f^'vrittcn by the one, nor poiitiquely permuted by iht other. And to the end you may fee what reafon Ihauero giuerhis cenfure;,! ihal here The pro* Tet db/;ne his ovyne propoGtions; , touching ^^^^^'^^^y -this nyatter J as [find rbeaitn i^isowne words, apolog. Firftthen he auoutcheA , that d fxmthes i>Jyich 1^^^^^^^' €niojfe ktngdomes tn tie wrJdTi^ere placed therm by ^ Co i only m i tloM he alone cm diage the famCy w h i c h if he tefcr vntogods vniuerfal ptouidence^/j/x attingit afinevfcj^ie in Jinem fortiter as the fcrip- ture faich, and vvhithowt yvhich afparrowfal- ieth not 6 the grownd,a« our faviour teftifieth^ ^* ^10 man wil deny , but ai isfrom God , ether by liis ordinance or^ermiflion,buf if we talkc (as wcdo^of the next & immediate c^ufes of em- pyres, princes,& of dierchages^cieere ic is,that men alfo do & maye concure therin , and that god hath left them lawful authorityfo to do, gnd to difpofe t-herof for the publique benefit, largly before hath bin declared, & confe- vhy/ fion is much to be prefeired , not for chat if vvanteth at difficulties and inconuenienccs (which alcempoial things vppon earth haue) {)Ut lykc as before I haue fhewed of the parti- culer gouerment of a monarchic inrefpediof other formes of regimet,to wit, that it wanted not a! , but had fewer inconueniences then Other formes of regiment haue, ro(ay I aUo of this^thac albeit fomcincoiineniences want not in lucceflion • vet are they commonly far leflc and fewer,then would follow bv mere electio^ rcsfon. vvhich is iubietft to great and continual dan- gers of ambitionjemuiation,dinifion,ledifion, and contention , which do bring wuh them euident peril of vniuerfal deftrudlion & defoia-i tion of the whole body ,& this at euery change of the Prince , vvhich change on the other fide , is much allured by fucceflion, for that great occafions of ftrifc ^nd contention are ther by cut of. And befides this ^ the Prince who is in pre- fent poflcfijon knowing that his fonne or next of kynn,istobchisheyre^ hathmorecare to leauc the rcalme in good ordei:, as we fee that; tothecroT^ne^ Part i. Cap» VI. 127 thehufbandmanhathtotil and manure that gtoui>d, which is his ovvne, and to lemayns tohispoftcrity. A chirdcoaimcAlicy alio chcris , for thadciTc miuations and alitrations are leene in the com, ^49^ but in al other creatures aho , whos firft borne aci5. ' were dedicated to Godhimfelfe , and one no- table example among other occurrerh to my mynde of the two fonnes of Ifaac,of the which Rom ^^^^ alfceit God had ordeyned to chufe the yongerbc;fore he was borne, at S. Paul tefti- fieth,and to reiedt the elder ,that is to fay , that CencC z3 lacob f hould inherite the benediftion and noc ^ Efau : Yet would God hauc this yonger topro- cure the faid ptiuilege of elder f hip froEfau by diuers meanesas firft by bargainc , and after by guileaccordingtoiheftoriewe read inGenefl Two Outofwhichllory two points may be ponde points to red much to our purpofe, firft that primogeni- turaorclderfhipof birth(as I hauefaid jwas greatly refpedled byGod,and according.to thar, al the difcents and fucceflions of kinges were commonly among that people, for that ordi- narily the eldeftfonneeuerfucceded his father in thecrowncof lury. And the (econdpointe iSjthatGod would f hew euen in this begining^ that yet this piiuikge was not fo inuiolable, bat that vppon iuftcaufesit might be broken, as itwasby thishischoyfeof lacob the yoger, and rciedting Efau the Elder: and many times after in matter of gouerment the fame was pradifed- by God himfelf, asvvbca luda th« fourihi. tothemy^ne. Vart t. Gap. V. 119 fourth tribe and not Ruben the firft &eldcft ^^^^-^^ ?was appointed by God CO enioy the fcepter and Exoda* crowne of the lewes, as alio when king Dauii dyed,not his firft fecond or thiid fonne , but his tenth in order, to vvir,cWowu;i>who was alio the i- Reg. fourth that he had by Berfabee , was appoit^ied forhisfucceflbr. So that in very dcede we haue here both our ^7 xc^^ two cafes, that were propounded in the begin- ucd. ing , puerruled and determined by authority and example of holy writ it felfe, namely and firft ofal,that priority and prppinquity of blood in faccetlion^is greatly to be honored regarded and preferred in al affaires of dignity andprin- cipallity, and yet ( which is the fecond pointe) arewenotfoabfolutly & peremptorily bound ihervntoaiwayes, but that vppon iuftand vr- gentoccafions that courfc n^ay be altered and broken. Which licence or liberty is indeed, the only ^Ij^J^^ Coratleaft wife) the moft principal remedy fo.r inconue* fuch inconueniences as do or may enfew ofy^^^^^^ thecourfeof fucceflion, which inconuenien-iion- ces as before I f hewed to be far leffe and fewer then arc wont to folio w^of bare eledion alone, yetdidlconfellealfo J that forae did or might falout, as namely that the perfon vvho byfuc- cefsion of blood is next, may be vnable or vnfit or pernicious to gouerne, in vvhich cafes the remedy is (as before hath bin declared)ether to hclpc and afljftihim by lawes diredions and yvite cooncclls , if he be capable therunto prel$ f i50 ACcnfetencetoHchmgfucctpmxyi or els toremoue him and take in another of the fame blood royal Cchoiigh further of in de- gree or propmquity )in his plw. And this is and hath the cuftome and pra(9:ice ofarkingdomes and commonweaL thesfrom rhe beginning ^(iacefucceilicn hath bin eftabltl hed among them ,as afterwardsl f hal demoftrate vnto you by great ftorcofeui- dent examples and preiidenres , & by this raea- nes we come to remedy the dimculties and in^- conueniences of both kindes of making our kings and princes^vvhich are ele6tion,and fiic-- ceflGon, as hath bin (aid : for by lucce{fion we do remedy the inconueniences and dangers Eleftlon before mentioned of bare cle£lion , ta vvit of |^^^J^^^''Arifc,banding,ambirion , and the like : and by feeipe rhetbisorhermeanc of adding alio election coni- ^cV^^ fent and approbation of jj^e realme to fjccefl fion , we remedy the inconueniences of bart lucceiJion alone, vvhich inconueniences are principaly, that fome vn-apt impotent or euel prince may be offered fome times to enter by priority of blood^vvherofthe realme may deli,- iier it felfe , by this other meanes of not admits dng him, fo as ekdion by fuccefsion , and fuc- neflion agayne by eledtionis falued , & the one made a preferuaciue and treacle to thc oiher: & this is the vvifdome and high policie left by <5od and nature.to euery common wealth, for ^hcrowneconfcruationand maintenanccand cuery man that is of reafon and iudgmcnt , 'laad void of paflion wil not Qoly allow , but to the croTi^he, tart r. Cap. 'V 1. i j i alfo highly commend the fame. Now rhen to anlwcre m pariicalet to the^^j-^^ twoqueftions made at the beginning of this i^>i*'c-^ ipeechjto vvit^vvhat is to be atrnbuttd to (uc- ^ycftS^ ceffion alone 3 and fccondly what iniercft a prince hpth ther-by loany crowne, before he be ctowlicd or^jdmitted by the6m-JQ^^ mo vveahh oweih no allegcance or fnbiedion dew to vnto.the heyre apparent in rigour of iuftice, ^^^^^ vntil hefce ciotvned or admitted, though his prcdeccdbr be dead,for that in very deede vniil that rime, he is not ther true king & fouerai- ce, though for better keping of order 2k auoy- dingof tumuks, al comition wcalihcs hghtly ifeathiuether^rinccsby fuccef^ion , haue or- dcyned in ihcs later ages,that from the death of the former princes, al matters of goucrment fhalpafleintlicnameof his next fucceflor ("if his fucceffion be cleere) and this ( as I fay ) for auoyding of garboyics^andvnder fuppofal of confirmation and approbation afterward of thcc6monwea]th,athiscoronati6, forwhicli caufe alfo,and for better accompt of yeares, it phncrt was ordcyned that the beginning of the luc- f^^j"^^ ceflbrs reigne,f hould be rcconcd from the day KsfrJit** ofthe death of his prcdeceflbr, and not from ^^^f*^"^ the day of hiscoronation^as othcrwifc in rigor prccUccC. it ought to be,and as in old time it Was accufto- med to be as Girard fecretary and chronicler of cirard ^ France,doth wifely note, in his third booke of H^'-^^n L the eftatc and affaires of France ^ to wit> that ftatcp^ j^.^^^ ^^^^ 1J4 A Cdnference touching fuccepon kings in old time were vvonc roaccompt th6 yeares of ihet reignes fiom the day only of thel? annoynting and coronation; > No lieyre This poincealfo that heyres apparent are noti K ^b-%re ^^^^ kings V ncil th er coronation^ how iuft foe* his coro- uerther title of fucceffion otherivife l&c*, and nation, though ther predecefl'ors be dead • k raighr bd conlirmedby tnany other argamentSj but efpe- cially and abooeal others , for that the r^-alm^ _ is afkcdagayne three times at their coronati6j An cui- i\;jicther tkeyT^ilhaue fuch a ma to he hing.oi no,a$ gi^cnt. betorehathbin f hewed, which thing were it) vayneto afke if he were truly king,asBcUoy faycth.bcfbre his coronation. . .: Againe we fee in al the formes and different manners of coronarions, before recited, that after the princeihath fworne diuers times to goiierne weland iuftly , then do the fubiecftS lake other othes of obedience and allegiance and not before, which argueth that before they were not bounde vnto him by allegeance, and as for the princes of Ingland , it is exprefly no- ted by Inglifh hiftoriographerS in ther coro- , ratios, how that no allegeance is dew vnto the before they be crowned , & that only it h:ippe- A rarc^ ned to Henry the fifth^atliong al other kinges ofKing predecelTors to haue this prenilege,and this Hcjuy V. for his exceding to-wardlynes , & for the great affedlionof the people towards him, that he had homage donne vnto him before his coro- nation,andoth taken. WherofPolidorwriteth in thes vvordes: Pmceps Hemicm faito futns fu- tothecrol^ne. Van I. Cap. VI. 13 j nCTe, concilium principum apudVVeflmonajlentm con- vk|fib!' uocandm curat ^in quodum de rege creando moremu^ zi.mou iorum agitabatur, cffe tihi , contmuo aliquot Pmcipes ^hco^ fltro in em verh:i mirare cospirunt^ quod bentuoknth rid ofjicjum nuV.t antea fnufquamrexrenumiatm ejjet^ prsfiitmn conjiat.adeo Vlemtctu ab ineunte (State fpein omnibm opt tnu indolis fecit. Which in IngHfh is this, Prince Henry after he had finifhed his fa- thers funerals ; caufed a parlament 10 be gache- ted at Weftminfter, whcr whiles confulration was had, according to the ancient cuflomeof^^ Ingland, about creating a new king , behold ^ vppon the fuddcn certaine of the nobih'ry of^^ ther owne free vvilles, began to fvveare ^be-^^ dience and leyalrie vnco hin:> , vvhich demon-r ftration of loue and Good v vil, is wel knowne, that is was neuer f hewed to any Prince before, vhtil he was declared king: fo great vvas the liopethat rncnhadof the towardlynes of this^^ Prince Hency,euen from his tender age, thus far Polidor in his ftory of Inglad. And the very fame thing ^xpreffeth lohn Srow alfo in hh chonicle in theswordes. To this noble Vrince b^ s^owy la ajfent ofihepartament.al the fiates of the realme after ^^^^ ^^f^ three duyesoffred to do fealtte before he y^as croitmcd, rhciifcof orhadfvlemmz^edhu oth Welandiuplj io gouerne the ^'ogHcri- common health , '^h'tch offer before nefier found to be made to anj Vr'mce of Jngland , thus mnch StoT^. in whofe narration a«; alfo in that of Polidor it may be noted : that king Henry the fift vva« not called king vntil after his coionprlon , biic onlv Prince, though his father king Hen ry tKc L fourth I io A Conference touching fucccficn foiuili had bin dead now al moll a month bei fore,and fccondly that rhepadamcntccnfulied de Regi creando more mawrum^ (as Polidor his words, are) that is , of making a new king ac- cording to the ancient cuftomc of iher aunce- ftors, which argueih that he was not yet Icingjthoogh his father were dead^nor that the manner of our old Inghfh anceftois,vvas to accompt him fo^before his admiffion. Thirdly that this demonftration of good Vv il of the nobility to acknowlege him for king before hiscotoiutioi'ii and oth feicmriizedTi^el and ^ ' hjilj to gouerne the realme j\Nasvcty c>,tt.\otdw^^ • and of inecre good wil. And lafl: of al , that this ^asmuer donnetoanyTr'tnce before l^ing Henry the fifty al which pointesdodrmonftratCjthaiitis thecoronation and admiflion, that roakcth a perfcd.and true king ^whatfoeuer the rjtle by iuca (Hon be otherwife , & that except the ad- mifljon of ihe common wealth be ioyntdto fucce(Iion,it isnot fufficient to make a lawful kmg,andoftheiwo,thcfccond is of far more importance, ro wit the confci tandadmifljon of the realme,then nearnesof bloodby fucccl^ fion a.lone^ A fucce{li6n\ though they were neuer fo lawfully &c lineally difcen-dl^cs! d^d. And of t^is Icould alleage you many ex- amples our of diners country(^s butefpecially in France . iTnce thelaft Ivneof Capetus came vntothat crowne, (ot this did Hugh Capetus himfelfe procuie to be donnc, to Robert his Li cldeft 158, A Conference tmhingfucccfioff cldeft fonne , in his ownedaye^ , and the like did king Robert procure for his yoi ger fonne Hlufan^" Heniy the hrft,as Guard holdeih,and excluded ljb.6.hift, his elder only by crowning Henry in hisownc an. looi' daiesiHeniy.aUo did entreat the (tares of Ftace An» 1061. (as before you haue hardjto adrriitt 8c ctownCr. Phillip the firft, his cldeft fonne, whiles him-> felfe rcjgncd,and this mans fonne I ft^^ k^rof. An. nsT. did the fame alfo vntoivvofonncs of his: firft ^ to Phillip, and after his death to Liiys the y;on- ger, both which where crovHicd, in iher fa- thers life lime^tfc this Luys agayne the yonger, vvhich isihe ieucnthof that jiame,for more An. ixso.^ffuf '*^^g of his fonne narned Phillip the fccod, entreated the realme to admit &ciowne him alio in hisownedayes i with that great folem- nity , vvhich in the forn^et chapter hath bin dechred. And for this very fame caufe of fecuririejit is not to be doubted) but that al vvayes the prince of Spayne is fworneand admitted by the real- me , during ^his fathers reigne, as before hath bin faid. The fame confideration alfo moued i.Reg.ii king Dauid^';to crownehis fonne Salomon in hisownedajtcs, asaftervvnrd morein particu- ler f halbe de^lared,andfinall)| onr k-ing Hemy ^Ifo the fccond of Ingland , confidciirg the aU teration that the realme had inade in admit- ting king Stephen, before him ^ againft the or- Polyd.& der of lineal fucceflio by propinquity of blood: vitTHcn. ^^^^ fearing that the like might happen alfo xici 11, after him, caufcd hiscldeft fonne named , like- tothecro^^ne. Part i. Cap. VI. 159 wife Henry, to be crowned in his life time, fo as IngLmd had cvvoking Henries lining at one tymc,vvith equal authoricie^and this wasdonc in the 1 6.) eare of his reigne, and in the yeare of our lord 1 170. but his deuifehad no good fuc- ceflc, for that king Henry the yonger made war loone after vppo king Henry the elder^& bad boih the kings of France and Scotland , 3c many nobles of Ingland and Normandie, to take his pare, for which caufe it is thought, th it this thing hathneuer bin put in pradri(e againc fince that tyme in Ingland, but yet heer-^ by if is euidentjVvhat the opinion of the worl4 was in thofe daves , of the force ofcoronation, and admiifion of the common wealth, & how litle propinquitie of blood preuailcth vvich-^ out that. And formore ample profeheerof and fuller The coclulion of al the whole matter J had thought to haue laid downe alfo fn this place, feme ch; number of the mod notorious exarftples, that I haue read, ( fori haue read many ) vvherin the com mo wealth vppon iuftoccahons hath ex- tended her authority to alter the natural courfe of fticcellion^ by birth , but for that the thing reqaireth , fome litle ftudy and loking ouer fomc notes, that I naue taken out of ftories, for helpe of memorie; I fhal deferric vntil our next meeting , at what tyme I f hall by Gods grace make this pomre very cleere, and fo endc my whole difcourfe, for I fee that I haue bia muclilonger the n at the begiuning IpurpofeJ L 5 and 140 A Conference touching fuccepon ^nd now I defire much tpgiue place vntoouf temporal lawyer,heciepre(cnr, who (I doubt not)haih mattei to fay of moreddtdation pleafurc , then ihis, though you ofyour curte- Cks haue done me fo muchfauour astohearc me hitherto with patience and attention, Whcrvnto the whole cornpany an(vvered , ihac not vvii4i patience,but with great pleafurc de- light and conrentaiion, ihcy hid hard him, and fo they would do the temporal lawer aUb in his turne,but yet they defired him that nothing of this difcourfe might be omitted , but vvholy finifhed, for that it gaue very great fatisfa6i:ioa to al,and opened many in»portantpointes vntQ them, which they had neuer thought of be- fore , and with this they parted for that night cueiy man ynto his loging & habitation* HOW THE N EXT IN SVCCESSION BY PRO PIN- CLVITY OF BLOOD, HATH OFTEN- tjimes bin put ba(k^, by the cammon i^caltb , & pthen further af admitted in their pUceSy euen in thofe kl^igdomesTi?hcre fuccejiionpreuaileth , Tbi/A manji examples of the htng^jomes of lfrae!,and Spape. Cap. VIL AT the next meeting the CiulHan cameiti very pendue^ as though his head had bin fulof nthecrcr^fte. Tart i. Cap. VII. 141 fulof ftudy,vvherofbeingafked therea(bn,hc anfwered, that he had reuolucdmany ftoties fince his departure about thepoinrc which he romifcd to treat of,& that he had fomd fuch rheCS^ ore and great variety of matter, as hekncw"*^*^** not'vvcl vvherto begin ,and much Idle wheiew^J^cc^ to end: for (quoth hej if I/hould begin vvithpy* x\v: Greii ni kinges before mentioned , it were infinite that might be nlleaged, and peihaps feme man would fay, they were ouer old , and far fetched exampks,and cannot be prelldenisobicaiSt to V6 in thefe ages , ^ if I lay before you the ex. amplesof Romnne kings and emperors put in and out,againfl; the law and right of fuccellion: the fame men perhapps wil anfw^r , that ic was by force,and iniury of mutinous fouldiars^ whervnto that common wealth was greatly fubic(5l. And if I fhculd bring forth any prefi- dents and examples of holy jfcriptores , fome other might chance to reply , that this was by particuler priuilege , wherin God almightie would deale and difpofe of things againft the ordinary courfe of mans law^as bed liked him- - (life, whpfe wil is more then law,andwho{c aiftic ns arc right it felfe^for that he is lord of al, and to be limited by no rule,or law of man, but yet that this is nor properly the adte of a com-* tnon wealth asourqueftiondemanndeth. Thus( I (ay)it may be,ihat fome mm would reply, and therfore hauing ftore inough of plaine and euident matter , which h^th no ex- ception ^ for that it hath happened in fetled L 4 common com mo vvealthes,& thofc n^cre home^ where rile law of flicceflion is leceaucd and cftablif^ hed,to vvir, in Spayne, France, and Inglahd : { Thccx- Thai rctyre my fclfe to them alone: but yet put- thcUvfcs^^^^ you in mynd before I paflc any further, ,.l^eg.«. that it is a maitet much to be marked how god deit in this poynt with the people of Ilracl , at the beginning , afcet he had gtaunted to them, that they fhould haue the famcgouerment of kings, that other nations rouud about the had, vvhoskings'did ordinarily reigne by luccefiioa as ours do ar this day , and as al the kings of the lewesdid afterw^ards , and yet this not-vvith ftanding, God arthe beginning, to wit , at the very entra'nce ofthdirfii ft kings, would fhcw playnely that this law of fitccedii-ig of the one the other, by bjrth and propinquity of blood, (though for the moft part , it fhould prcuaile) yet that it was not fo prccifely neceffary y but; that vppoii iuft caufesit might be altered. Forprodfe wherof, we Are to confidcr^ihat albeit he madeSaiile atrewahd lawful king ouer thel^wes , 8t confequently alfogaue him al kingly priuileges benefites and prerogatiues; i^gSai!- belonging 'to that degree and ftatc, wherof one" principal (as you know J is to haue his children fuccede afterhim inihecrov^vne: yet after his death God fulFred not any one of his generatfo to fucied him, though he left beh^nde him ^ ^ many children',' and among others jfbofah a ^2i/ princeof ^q.yenfesofage whonj ilf^mthege- neralcaptaync oif ihAt nation, with eleue tribes ' ' followed to the CYo'J^ne. Vart i. Cap. VII. 145 fallowed for a tyme, as their lawful lord and mafter by fucccilion, vntil God checked the m for it , and induced them to reiedl him though heyre apparent by di(cenr,and to cleaue to Da* uid newly elec^ted king,vvho was a ftranger by birilje ,&no kynneai al to the king dcceakd. And if you fay heere that this was for theAn obic finne ofSaule , whom God had reieded , I do J;^"^^^^ confefTe it , but yet this is nothing againft our pnrpofe , for rhat we pretend not that a prince th.1t is next in blood can iullly be put back^ ex- cept it be^ for hisownedefeds^orthofeof his anccftors. And iroreoucr I would haire you confider^that by this it is euident^ihat the fault cf the father may preiudicate the fonnes right tothccrownc, albeit the fonne haue no parte in the fanlt; , as vve may fc in this example not only of J/^flfy^/fe that was punilhed and depri- ucd for the offence of Saul his fatherfnot with (landing he had bin prodaymed king as hath bin faiJj but alio of lonathas Saulcs other fonne ,vvho was fogood a man , and fo much prayfedinholy fcripture,&ytthe being flayne in warr, and leaning a fonne named Mtphtbofcth ^-^^gf- ' he was put backalTb , though by nearnes of blood he had great interefl: in the fuccdflion as you fee, and much before Dauid. Bm Dauid being placed in the crowne by^.^ng cUdion, free ponlent, & admiffion of the peo- by p!e of Ifracl, as the fcripture playnly tvftifieih (though by motion and diredioc of God him- iRcg.i. Iclfej wemuftconfefle^and no man I thinke^^' * L / vvil 144 A Conference touching fucccpon vvil deny, but that he haJ giucn vnto him ther which, al kingly priuile /esprehemincnccs and legaluics, euen in ihehighclKlcgree^as was coniienicnt to fuch a ftate , and among othvr, the fctiptnre expre!ly namech , that in particu* ^ ^ ler it was alTuied him by God , thar his feeds ' * * fhouldreignc after hm:yea and that for emyhuiytz we do not findethis CO be performed to any of his elder (onnes ( as by order of fuccellion it fhouldfcmcto appertaine) no nor to any of their of.fpringordifcencSjbut only to Salomo^ which was hisyonger and tench fonnc, and the fourth o.ily by BerfabcCi as before hath bin touched. Trew it is,that the fcripture recounteth how A-tonias AdomM Dauids elder fonne^ihat was of rare thcdder bewiy a very godly yong princc,feing his fa* kOiid ^^^^ now very old & impotent , & to lye on his death bedd,& himlelfc hey re apparent byanti- quirie of bloode, after the death of Abfa!on,his cider brother that was flay ne before,he had de* terminei to haiie proclamed himfelf heire ap- paretin lerufalem before his father died ,& for that piirpofe had ordeyned a greate alfembly 5c banquet, had called vnto it both ihe high preift sKeg.i. jii^ia:har,lk diners of the cleargie,as alio ihe ge- neral captaine of al the arn-jy of Ifra^rl n^mej Ifli^i&.With other of (he nobility and with iheal the reft i)f his brcthei c,chat were (onnes to king Dauid/auingonly Salomo, toi^ether with ma-* ny other princcs& great men, both fpiritual Sc temporal of that eftate, and had prepared foe them Uthecri^ne. Tart i. Cap. VII. 14; themagreacfeaftas I hauefaid, meaning that very day 10 proclay me himfelfe heyre apparent to thecro Ane,and to becrowned,as m deed by fuccefllon of blood it appertayned vnto himtxhc mo* and I Ills he attempted (b much the rather, by ot council of his frends , for that he (aw the king ^^^'^ his father v^ry old and imjotent, and redy to dyc^and had taken no order at al for his fuc- ceilor, and moreouer had vnderftood, how chat Berlabee Salomons mother had (omc hope to haue her fonne reigne after Dauid^ pon a certaine promifc that Dauid in his youth had made vnto her then f, as alfo i hc had in ihefpecial fauonrand frendf hip which Nathan the Prophef,and Sadoc the preift (who could do much with the old king Dauid) did bearc vnto her fonne Salomon , aboue al the jeft of his brethren. Herevppon ( I fay) thefe two that is to (aye, Queene B^rrfabce & Nathan the Prophet, com- Fcrfuatiot ming together to the old man , as he lay on his Dauld^o bedd, and putting him in mynd of his promife, make sa^ andoih made toBerfabee for the pr^f^rnient J^J.^^^^^*^ of her fonne, and f hewing bcfides how that ilr/am.« whithout his order and confent, had gathered an allembly to make himlelfeking, euen that very day ( which did put the old king in very great feare and anger) and further alfo telling iiim (vvhich pleated him wel )quodocuU $otiuslfrael ineumrefptcercnt ^vtindtcatet eU, quis federet in folto fuo poH ipfum: that is , that the eyes of ai llraclvvece vpponhim to fee whom he would 12 8 A Confereme torching fucee^'m v would commend vntothem , to fit in his rfeat afcer him,wiiich was as much to fay^ns that the vyhole comm5 wealth referred it to his choife, which of his foones fhouldreigne afcer him. Thccoro- Vppon thcfe rea(bns and pcrfuafions/' I fay j. I^^^^^thegood old king was corenc that they ( hould ' take Salomon out of hand, and put him vppon the kings owne mule^and cany him about the 3.Reg.u ftreets of lerufalem, accompained whith his gard and court, and crying whith found of trumpets Viuat Rex Salomon y and thu Sadoc, the pteift f hould annoynt him,and after that he f hould be brought back, and placed in the royal throne in the pallace , and fo indeed he \v:as: at whar time king Dauid himfelfe being not able through impotencie, to rife out of his b;^dd, did him honor and reuerence from the place vvher he laye: for fo fiith the fcriptures adorauit rex m Uiiulofuo , king Dauid adored his lonne Salomon thus crowned , euen from his bedd , al which no doubt thoaghe yt may feemetohaue bin wrought by humane mea- nes and pollicy, yet muft we confclfe thut it was principally by the(p?cial inftindt of God himfelfe, as bythefequel andfuccclle wefce, Apoynt ^"^^^^^^ hereby alfo we are taught^ihaf ihefe&: to beno-Iikedeterminationsof tliepeoplc* magiftrates, . & comon wealthcs , about admitting or refu- fing ofprincestoreigneornot to reigne ouer them, when their defignements are to good endes,andforiufl:refpe(3:s and caufes, are al- lowed alfoby God, and ofcemymes^ are bis owne uthemi^m. V^n i. Cap. -VII. 147 owne fpccial cin ftcs and difpofitions , though they feme coconnc from man. Whtrofnoone ihing can glue a more cui- The man. depc proofcj then that which cnfued afterward nuihoa"^ topni}ce Foto^Wjihe lawful fonneand heyreof n.c^ of this king Salomon , who after his fathers ^^bi^m. death commingco wheial thepeople of Ifracl were gathered together , for his corona- tion , and admiflion y accoiding to his right by ^.Rcg.u* fiicceffion. For vntil that time vvq fee he was not accounted true kinge, thought his father Was dead, and this is to be noted, the people be- gin to propofevn to him certayne conditions, for taking away of (bme hardeand heauy im- pofitions, layed vppon them by Salomon his father, (an euident prefident of the oth and conditions that princes do fwere vntointhes dayes at their coronation ) vvhervnio when Bobonm rtfuled to yeild,tcn tribes of the twelue refu(ed to admit him foi: their kmg , but chofc rather out: lenhoam Roboamsferuant,that was j.Rcg.ii. a meereftranger and but of poore parentage, & made him iher lawful king,& God allowed iherof as the fcriptare in exprefTe words doth teftifierand when Rcboam that toke himfelfe 10 be openly iniuried heerby , would by^rmes haucpurlued his title, and had gathered; toge- ther an arinie of a hundred and fowerfcore thovvfand chofen fouldiars ( as the fcnpture^^^f fayeth) to punifh thes rcbells as he called the , * ^ & to reduce rhes io tribes to their due obediccc of chcr natural prince : God appeercd vnto one Semeta 14^ A Conference mchin^ fmepon Semeia a holy man^Sc J^ad him go to the campc cfRQboa?n,md tel them play nely that he would not hiue them to fight againltthcr brethcrn^; that had chofen an other king, but that eucrir nianfhould go home to his hbufe, and liue quietly vnder the king, which each party had^ and (o they did, and this was the end of that tumult^vvhichGod forthefinnes of Salomon liad permitted and allowed of. And thus much by the way I thought good to touch out of holy fcripture, concerning the lewifh comoft wealth, euen at the beginni«)g , for that it may gioe light to al the reft which after I am td^ trc.neof, for if God permitted and allowed this in his ownecommonweahh , that was to be the exaple and paterne of al others, that f hould cnfcW:no doubt but that heapproueth aUoihc fimein other regimes when iuft occafions are oflrcd , either for his (eruice,thegocd of the people and iealme,or els for punifhment of the linnes and wickednes of fome princes , that the ordinary line of (ncceflion be alttcd. Fonrc ra Nowihen topalleon further y and to begyii CCS of with the kingdomes of Spayne, fuppofing ^amfh yIjIj ground of Gods ordenance , aS hathbmdeclared:fiiftlfay , that Spayne hath had three orfoureracesordircenrsofkings,ai Francealfaand liigLind hauehad ,and thefirfli race was fiom the Gothes, which began theii inorar^ riigne in Spayne after the expulfion of the lib.ii. Ronians,abour the yeareofChnrt 416. towha bift- c. 12. the Spaniard rcfcrreth al his DQ^ihty, a* toth€m'J^re. Tart i. Cap. VII. 149 tlicfrench man doth to the German Franckcs, and the Ir.glifh to the Saxons^ which entied France and Ingland in the very lame age, that theocherdid Spaync the race of Goihyf h kynges indurtd by the fpace of 300. years vntil $paync was loft vnto the Moorcs. The Ic condrace is fi omDo^Pr/^jo that was chofen fiiftkingof J/?«)7<^^ , and of the moun-*'^^^ tay ne couiitrey of Spaine , after thediftrudion therof by iheMooies,nbouttheyeareofChiift ^^j^ 717. as bcfoiehathbintouch:d J which racej„ojai. contyncwcd &: increafcd, &r added kingdoir.eiit>-u-c* vnto kingdomc for the fpice of other three hundred yeares, to wit vnti! iheyeareofChrift I0}4.when Don Sancho mayor king of Nauarra gat vnto his power , the Earldome alfoof Ara- ^z.^j.^ gon and CalliHa , and made them kingdomcs, anddcuidcd ihem among his children, and to hisfecond ionnc, named Dew Ffrw#i;;^/(?, furna- mcdafteiward /iS^t' ^rc^r he gaue not only the faid Eaildcmc of Caftiliawiih title of king- domc,biuby mariyngealfo of thefifrer oiDon VamudoV\x\g of Leon, and Afturias , he ioyned al tbofe kingdomes together, &fo began from thatdny forward the third race of the kings of 3. Race. Nauarto reigneinCafteF, and fo indurcd for fyuehundffd yearcs vntil the yeare of Chrift I f40.whcthehoufeofAuftriaentredtoreignc iher, by manage of the daughter and heyre of[f^"^^J j DonFerdinando (urnamed the Cathohc)ue,and this was the fourth raceof Spanifh kings after the Romans , which cndureth vntil this day. 4 JUce, ' And I/O A Conference WJcMngfuccepon txnmpiffs And albeit in aichesfoure races and ranckds wc.^^^^ of royal difcents, diucrs exaplcs might be allea- ged for manifeft proofe of n>y purpofc : yet wil I nor deale which thc firft race/orthat ic iseui- d^nt by the cou nccls of Toledo before aHeaged (^vvhichvverehdiden in that very time) that in ihofe daycs expreiTe eledion ^ was^^ioy ncd with lucce{Iion,a5 by the depofition'of king Saintila and pntting back of al his children : as alfo by the ekcl;ron &c approbation of king Sifiriando that was further of by (ucceflion , hath bin in- finuatcd before, & in the fyft councelof that age in Toledo , it is decrctd exprefly in thefe wordes; Si qtmtaliamcditatus fuerit ( talking of To^^ J pierending to be king J cjuem nec ele^cr omnttm perficit. nccGothtu gentis nobihus ad hunc honoris aptcem frahtt :fu confartk Cathohcortanpriuatns, & diuino anutbenuie cmdemnams* If any man fhal imagiii ((aid thes fathers ) or go about to afpirc " to the kjngdome, whom the eleflion S:. choife of al the rcalme% doth not make perfccS: , nor ^'thenobility oftheGotifh nation, doth draw *'tb the height ^of this dignity : let hini be de- priued of al Cathohque fbciety, and damned by ^' rhe curie of almighty God,by which woords is infinaated 5 that not only the nobility of Go- tifh bloodjOr neerncs by fucceffion was rcqni- *'rcd for the mr.kingx)f ther king , biTt mucK *'more the choife or adnnflion of 'al ihe real- n^e,whcrin thiscouncel piirteth the^etfedion of i-is title. The like determinatio was made in ati other counccl tothecfo^ne. Tart x. Cap. VII. iji coiincel at the fame place , before this that I bane alleagedj&r the vvordes are rhefe. Nullm Conc.toT. 4pd nos prefumptione regmm arripiat.fed defun^o in pace princ'tpe , opttmates gentis cum facerdotibm fuc^ cejforem regm commum concilio conjlttuant. Which in Inglifh is thus, let no man with vs fnatche the kingdome by prefumptionjbuc the former Prince being deadin peace, let the nobiiiiy of the nation,together with the Priefts and clear- gie^appointlhe fuccellbr of the kingdome, by commoncouncel,whichis, as much to fay as if he had faid,let no man enter vppon the king- dome by prefumption of fucceflion alone, buc * let the Lords temporal and fpiiitual , by com- mon voice, fee what is beft for the weal pu- bhqne. Now then, according to thes ancient de- Eramplw crees,albcit in the fecond race of Don ?ekjo, the lawof fucceffion by propinquity of blood,was " reuewed,and much more eftablifhed then be- fore,as the ancient bifhop of Tuys and Molma, ^^J^^^^'j and other fpanifh writers doteftifie: yet that ^*hiirjir! the next in blood was ofteniymes put back by the common wealth vppon iuft cau(es,thes ex- haicd. amples following f hal teftifie,as brcefly recou- ted as I can podibly. Don Pelayo died in the yearc of our Lord 757. KingDoa and left a Ibnne named Don VautU , who was king after his father, and reigned two yeares only. After whos death , none of his children were admited for king, thoughe he left duiers, as al writers do tcftifie. But as Don Lucas the M Bifhop xji A Conference touching fuccefwn Bifhopof Tuy a very ancient author vvriteth, Aldefonfm Catholicus ah xniuerfo populo Gothorum cap.6.p. ' W/g/.W, that is (as the chronicler Morahs doch tranilat in fpanifh) Don Alonfo furnamed the Cathohqiie^was chofen to be king by al voices of ihcGotifh nation.This Don Alonfo was fonne in law to the former king Tau'tk, as Morales fayeihjfor that he had his daughrer Ermencfenda in mariage,& he vvas preferred befoie the kings owne Tonnes, only for that they were yonge Sc vn-able togoiiernc,as the faid hiftoriographer teftifycth. And how wel this feloutfor theco- iTion wealth and how excellent a king this Do» Alonfo pvoucd y M^r^/^/ f hew eth at large, from the tenth chapter of his thirteenth booke vntil Ip^fc'sa-^^^ 17. and Sebajlianm Bifhop of Salamanca, lam in that liucd in the fame ty me, writeth that of his liift. Hifp. y^jjjppi- he was furnaiTicd the great. K Don '^^ ^^^^ farnons Don Alonfo y(\xccQAt6 his fonnc Aionio y DontrueU the firft of that name, who was a Pofruc- noble king for 10. yeares fpace, and had diners excellent vi<3^ories ag^inft the Moores, bur af- terward declining 10 tyrannic, he became hate • ful tohis fubieftsjand for that he put to death wrongfully his owne brother DonVmerano, a ^ Prince of excellent partes and rarely beloucd of 3^!!cap. 17 Spaniards^he was him felfe put downc,and An.768. put to death by them in the yeare of Chrift 768. And albeit this kyng left two goodly children bchinde him , which were lawfully begotten vppo his Queene Dona Munia. the one of them a fonne called Don Alonfo, & i he 01 her a daughter 1 tothecrol^ne. Tart i. Cap., VI T. ijj daughcercalled Dona Ximea: yet for the hatred breaches conceaoedagainft therfather,neytherof[hcm of mcccli was admitted by the realme to fuccede him, but rather his cofen german, named Don Aurelto ^^^^^ ^ hroihQts Conn^ to Don Alonfo the catholujuey was n. preferred, and reigned peacably (ixyeares , and ^l^'^lifj^* then dying without iiiue, for that the hatred of the fpaniards, was not yet ended againft the memory of king Fm/^, they would not yet ad- mit any of his generatiofi, but rather excluded rh*m ag.iynethe fecond tyme, and admitted a brotherin lawof his, named DfinStlo, that was j^j^gP^^ married to his filter Dona Adofinda daughter to Sil©. the fore faid noble kingcathohque Alonfo. So that here we fee twi^cfhe right heyresof king Don Frtiela for his euel gouerment were put back. But Don ^i/o being dead without iirue,asa!(b Kingt>on DonAtmlw was before him , and the Spaniards ^^^^^jj^j^j^^ anijer againft kincr ^rueU bein^ now vvel ajff- uaged, they admitted to thekmgdon e his fore faid fonne, Don Alonfo the yonger, futnamed afterward the chaft 5 whom now twife be fore they had put back,as you haue feene, but now they admitted him, though hisreigne at the firlt endured very litle , for that a certaync baftard vncleofhis, named DonMamegato by help o^^^^^'i^ themooresputhimout,and reigned by force " ' 6.yeares, and in the end dying with outiflue, the matter came in dehberation againe, whe- ther the king Don Alonfo the chafte chat yet li- ucd , and had bui hidden in a monaftary of M z Galiiia, 1/4 A Conference touching fuccef ton A ftrange Galitia,cluring the tyme of the tyrat,f hould fc- «[clibcra. tumc agayne to goueine, or rather that his co- fengerman Dow verw«(/a(onne to his vncle, the Viwcc Vtmeram (whom vvc fi evved before to haue byn flaynt by this mans father king True^ laj f l^ould be elcded in his place. And the rcalme of Spayne determined the lecond, to vvir^that Don F^rw«(/o though he were much furtherof, by propinquity of blood, and with in ecclefiaftical order alfo (for that he had bin madedeacon) f hould be admitted, partly for that he was judged for the more vaHant and Great au- ^^^^ Pnnce, then the other,vvho feemed to be thoritie made more acquainted now with the hfeof vvcalTh*^ monkes,and religions men,fhen of a king, ha- uing firft bin brought vp among them for lo. or ii.yeares fpace , vvhiles Don Aurelio andDon silo reigned after the death of his father kinge Fruetdy^nd fccondly agayne other fix yeares^du- ring the reigne of the tyrant Uauregato , foe which caufcjthey eftemed the other to be fitter, asalfofbr the difFeret memories of there two fathers king Fm/^ and prince Fwier^iwo^whtrof the firft was hateful, & the other moft deare^as ' before hath bin declared, nether do any of the foure ancient Bifhops hiftoiiographers of Spayne,to\vit,that of Toledo, BefaySaUmancs or Twr^jthai liued al about thofe dayes & wrote the ftorie,reprehend this fad: of the reahTie of fpaine,or put any doubt whether it were lawful cr no for the cau fes before recited. Trew it is, that after three yearcs reigne,this king tothecYol^ne. Part i. Cap. VII. i/y hing Vermudo being weary of kingly life, feeling fomelcruple of confciencq, that bcing^pyncth deacon, he had forfaken the life eccleliaftical, ^he fecoi and maiyed (though by di(penfation of the popeabMor^fey layech^ and tniangled himfelfe^^j.^^^ With the alfaires of a kingdome, he refigned zi.& 19. willingly the gonermenr vnto his faid Cofen, ^^- 7^^- D(?«i4/o«/athechaft, and himfelfe liued after a priuate life for diuersycares,but this Don Alonfo who now the fourth tyme, had bin depriued of his fucceflion , asyouhauefeene, deceaued the expeAation of the fpaniards, that accoijp- tedhim a monke/orheproued themoftvaliac and excellent king that euer that nation had, both for his vertue,vilor, vidlories^againft the ,moores,bayldingoftownes,cafl:ells,churches, Monafteries, and other fuch woikcs, of Chri- ftianity, as Morales recounteth : and be reigned after this his laft admiflion, one and fyftie yea- res, & had great frendfhip with king Charles the great of France, who lined in the fame tymewirhhym. And this man among other moft noble exploites (o tamed the Moores of his country, as during his dayes, he neuer paid j^|^/ap that cruel and horrible tribute which before & 4*- Anno after was paide by the chriftians to the Moores, ^"^^^ which was a hundred yong maidens and fifcie ^ Y\ox\h\t fonnes of Getlemen, euery yeare to be brought tribute, vp in the religioofM4^ow^/,amogtho(e infidel tyrants. And finally this man after fo much affli(5tio came to be one of the moft renoumed Princes of the world. M 3 After^ jj6 A Conference touching fucctfwn Adtxxhiy Don AlonfoyS vhoXsih no children, for that he would neutr marry, bur Hued al liis life in chaftitye,iherfuccedcd to him byeledio. King Do his nephew named Don Ramtro (bnne ro the for- Kainijo.x n^^^ faidking Don Vermudo the deacon, that aion. gaue this man the crowne,as you haiiehard^of whofeelec^lm morales writeth thcfewoords. Morale Uuerto el Key Don Alonfo d cajlo , fue eligtdo por los pjrUdos J grandes dvlreyno, elEeyDon Ramtro pri-^ merodcjtenombrey hy'io dclReyDon vcmudo el dta» cono,Thzt iSjthe king Don Aldfo the chart being dead, ther was chofen king by the Prelates & nobiluy ofthe realme, Don Ramtro the firft of . this name, (onneuf'king Kc7w«^() the deacon, who refigncdhiscrowneto Don Alonfo , and ic is to be noted^ that albeit this Don RAmtro was next in blood to tbefucreffion, after the death ofhisvncle Don Alonfo without children , yet was he chofen by the ftates as here it is faid in cxprelTe vvordes. Moreouer it is to be noted , that albeit this ^mhot Ambrofio Morales zx)d other fpanifh wri- ters do lay that in the tyme of this king Ramtro^ the law of fucccllion by pro|_ inquiry in blood was lb reuiued and ftiongly confirmed, that as Tbcking- the kingdome ofSpayne was made as Matorafgo Spo^nca ashetermeth it, which is, an inheritance fo Maio- intaylcd and tyed only to the next in blood , as ther is no poflibility to alter the fame, and that fr5 this tyme forward the king alwayes caufed his eldeft fonncto be nan-icd kmg or Prince, {o eueno belworne^by the rcaiiTie&: nobiliric, yet to the CYoTi^nc. Tart i. Cap. VIL 157 yet f hal vvc find this ordinance and fucceflioa bfcentymestohaue byn broken vpponfeneial confiderations,asthis author himlclfein that very chapter, confelleth. As for example, after foure difcents from this man,vvhich were Don Ordomo the firft, this mans fonne^and Don Alonfo the third, Don Gar^ zjx and Don Ordomo the fecondy al fewer kings by orderly rucce(Iion,it happened that in the yeare ocdcm?o ofchrift 924. DonOrdonioxh^ fecond, dying. An. 5,24/ left foure Tonnes and one daughter lawfully begotten,andyettheftate of fpayne dilplaced them al,andgauethe kingdome to ther vncle Dow TrueU fecond brother to there father Don Ordonio,2Lnd morales fayeth that rher appeareth Moral.!, noocher reafon heerof, but only for that thefe ^l^^^^' fbnnes of the king difceafed were yong,and not i'o apt to gouerne . vvel the realme as ther vncle was. Bat after a yeares reigne, this king TrueU dyed al(b, & Icfc diuers children at mans eftate, and then did the fpaniards as much agaynft them, as they had done for him before, againfl: the children of his elder brother. For they put them al by the crowne,& chofe for their king^ Don Ahnfo ih.^ fomih which was eldcft fanncDon A- to Do;iOrrfo«i(?rhe fecondjbcforc named , that^^^^^ had bin laft king fauing one, and this man alfo (l meane Don Alonfo the fourth) leaning after- ward his kingdome and betaking him felfe to a religious habit, offered to the commo wealth oflpaine, his tldeft fonne lawfully begoaen M 4 named I J S A Cancel met touching fuccefton named DoOrdonio to be there king, but they re- fufed him,and looke his brorher (I meane this Don Ra- kings brother) and vncle to the yong Pnnce, ul^hb% ^^^^^ Ramiro.who reigned 1 9.yeares,and cap. 20. was a mod excellent king, and gayned Madrid An.>3o. fj-Qj^ J j^g Mooresjthough noted of crucltie, for imprifoning&pulhngout the eyes afterward of this king Don Alonfo the 4. and al his children and nephewes,for that he would haue left his habit,and returned to be kingagaine. But this fad^my author M(?r^e/fyexcufeth, faying that ic was requifite for peace and fafty of the realmc, fo as heere you fee two moft maniftft alteratios of lineal fucceffion together by order of the common wealth. Furthermore,after this noble king DoRamir^ thefecond, fucceded ashtyte apparent to the ' crowne his cider fonne , Don Ordomo the third, ofthisname,in theyeare of our Sauiour jfo. but this fucceflion indured no longer then vnro hisovvnedeath,which was after y.yeares, for then albeit he left a fonne named elenfame Don Vermudo^yct he was not admitted, but rather his .brother, Don Sancho the Urd of this mmc^ fur- named el Gordo, who was vncle to the yong Prince,and the reafon of this alteration. Mora- les giueth in thes wordes: el ftic ceder cn el regno, al hermano , fue por U racon ordmarta de fer cl enfantCy Don Vermudo mno y no b aflame para el gouiernojf dtfen^a de la terra. Which is, the caufc why the kings brother and not his fonne Ibc* ceded in the ciQwne^ was for the ordinary leafon fd the crerj^ne. Tart i. Cap. VII. IJ9 rcafon (fo often before alleaged; for that the infant or yong Prince Vermudo, was a Httlc ch ild,and not lufficient for gouerment and de- fence of rhe coanirey. Truth u is, that after ^this Don Sancho had reigned, and his fonne ard heyre named Don Hawifo the third, afier him, for ihe fpacc of 30. yearesin all,then was this youth ('that is now put back) called by the reahne to thcfucccflionof thecrowne, and made kingc by the name of king Verm:- do the fecond , who left after him Do;/ yl/(?«/a, the j. and he agaync his fonne DonVcrmudoxhtih'nA, who marying hisfifter L*W4 Sancha (thatwashis heirejvnto TJon Fernando, firft earle,& then king of Caftile, (who was fecond fonne to Don Sancho Major king of Nauarr as before hath b.nfaid) heioy- nedbythes meanes the kingdomes of Leon and Caftile together^ which were fepcrat be-Thecn^ fore , and fo ended the line olDonVelayo , firft ^J^^^l^ Chriftian king of Spline, aftei the entrance of Don Pc- iheMoorcs, which had endured now three hundreth yeares, and the blood of Nauarr en* tredas you fee, and fo continued thcrin vntil the entrance of thofeof ^///?r^ as before hath bin faid, which was almoftj-. hundreth yeares together. And thus much I thought good, to note out of tho oftheftonesofSpaine, for this firftdifcent of£."'» the fpanifh kings, after the entrance of thewmg. Moores,nether meane I to pafle much further, both fur that it would be ouer long, as alfo for M 5 ihaC 1 6o A Conference touching fuccefton that myne author, Mur^/^y, who IS the moftdi* ligentthat hath vvriten the chronicles of rhac natio^tndeth heere his ftoiy with king Vermuda the third and laft of the Gotif h bloode, Spanifh Notwithftanding if I would go on further, examples ther would not Want diuers euident examples <^nd^d?r- ^^^^ ^^^^^ purpofe.which Stephen Garabay cent. an other choniclcr of Spaine/ioth roach in the continu'uion ofjthis ftory,vvherof for exam- ples fake only I wil name two or three among the reft. An, 1201 Andfirft about the yeare of Chrift iioi. ther Was a mariage made by kinglohn of Inglad foe Dona Blancha his neece, that is to fay , the daugh- ter of his fifter Dame Elinor, and of DonAlonfo the 9. of that name kingand Queene of (pame, which Blancha was to mary the Prince of Frace, namedL//y/, fonne & heyre to king Phillip fur- Carib.li. named Augujttis , which Luys was after-ward 11.cap.12 ting of France by the name i^iluys the 8.&: was father to Luys the 9.furnamed the faint. This lady Blancha was neece as I hauc faid,vnto kinglohn and to king Richard, the firft of luie^lad, for that her mother lady Elenor, was ther lifter, and daughter to king Henry the fecondjand king lohn made this mariage, ther by to make peace with the French, and was LadyEle- Content to giue for hir dowrey ffor that he ?nglirh ^^"'^ how to rccouer them agaynej al vvomin. thofetownes&countres w hich the (aid king Q. of Phillip had taken vppon the Inolifh, by this Spayac. , . a rr . »• j Kings cucl goucrment m Normandie and Gafconie, to the a-oT^ne. Tart i. Cap. VII. 161 Gafconic, and more ouer, promifle was made, thatifche Prince H^nry of Ipayne ^rhar was the only brother to the laid Lady Blav h) fhould dye Without iilue fas after he did) then this lady fhould fuccede in the crownc of Spaine alfo, but yet afterward the ftate of Spayne would nor peiforme this, but rather adn/iitted her vonger firt^i Do7Ja Berenguela, maried to the Prince ofLeon, and exchided both Blanch and her lonne the king ^.L?^yjofFrance,agayull the euidcnt right of fucct ffion, and propinquity of Garib. I. blood, & the oniyreafon they yealdtd hereof ^^^"^P J® was not to admitt ftrangersto the crowne, as ijarabayitdificib. This hapned then, and I do note by the way, that this Dona Berenzuda ftcond dauc^hter of Qiieene Elefior the Inghfh woman^was married (as hath bin faid) to the Prince ofLeon, and had by him Dof;Fen/^;/rfi? the third of that name, kingof Caftilia, (urnamcd alfo the fainr, fo as the two daughters of an Inglifh Queene , had An Th- two kings laintsforther fonnes at one tyme, glijhQ. theeider ofFrance and the yonger of Spayne. iher ro After thisagaine^ahout ihrecTcoreyeares the J-^j^jJ^^^^'"^ Prince of Spayne named Don Alonfo^ furnamed once. deUcerda, for that he was borne with a g^^^^ biech^of^ griftle heare on his breft called Ccrda m fpanif h^ facceffio. which Don Abnfo , was nephew to the king Ternando ihc iaint, & maried VMth the daughter offainiflL/'^^'kingofFrancCj named .alfo Blan^ as her grand moiherwas, and had by her two fonnes called Ahnfo 6c Emandodela cerda as che i6i A Conference touching fuccepon as the Prince their father was named , which father of thers dying before the king,the grand father left them commended to the reahne as lawful heyres apparent to the crowne , yet for that a certayne vncle of theis named Don Sancho yonger brother to thcirfaihei wh ch Do Sancho was furnamed afterward, elhrauofox his valor and was agreat warricr, and moie like to ma- nage wel the matters of watr the n theyrhe was maddehcyre apparent of Spayne and they put back in ther grand fathers tyme,and by his and the realmes confent, (ther father as I haue faid being dead) and this was done in a general par- The Ccr- lament holden Segouia^xnihtyQzxt 1276. and barkftom ^^fi^^r this , DoH Sancho was made king in the thc^ yeare 1284. and the two Princes put into pri- crovvn« butafterward at thc futc of there vnclc king Phillip the third of France, they were let out agayne and endued with certayne landes, and fo they-remainevnto this day, and of thes do come the Dukes of Mctf/w4C^/i, and al the reft ofthehoafeofCerda, which are of much no- bility in Spayne at this tyme, and king Phillip that reyneth cometh of Don Sancho the yonger brother. Not long after this agayne, when DonVedra furnamed thccruelkingof Caflile^ was driuen our, and his baftard brother H^«7 the fecond fct vp in his place,as Kfore haih bin metioned: Carabay theDuk^of Lancafler lohn of Gant, hauing In u6i ^^^'^^^ Dona Conjlantia the faid king peters daughter &heyre, pretended by fuccellion the faid 2 to the cron?ne. Tart i. Cap. VIT. liJj faidcrowneof Caftile, as indeed it appertay* ned vntohim,buf yeriheftateof fpaine denied it flatly, and defended it by atmes,and they pre* uailed againrt lohn ofGant,as dyd alio the race Many tK of Henry the baftard , againfl: his lawful bro- oriin^r ther, & the race of Don Sancho the vncle^againft difccnt. his lawful nephewes, as hath byn f hewed, and that of DonaBerengueU againll her elder fifter, al which races do reigne vnto this duy , & thes three changes of th^trew lyue, happened with int\aoages,andin thethird and principa-l dif- centofthe Spanifh kings, when this matter of fucc( (lion was moft alFurcdly and perfcdly eftabhf hcd,and yet who wil deny but that the kings ofSpayne who hold by the later titles at this day, be true and lawful kings. Well, one example will giueyou more out of the kyngdom of Portugal,and (o wil I make an ende with thes countreyes. This kingc Henry the baftard laft named king ofSpayne, had afonnethat fucceded him in the crowne ofSpayne, named lohn the firft, whomaried thedaughterand heyre named Y)ona Beatrix, of ii\ngTcernando the firfl: of Portugal, but yet after the death of the faid King Vernando, theftates of Portugal would neuer agree to admit him for ther king ^ for not fubieding themfelues by that meanes to the Caftilians , and for that caofe they rather tooke for ther king, a baftard J^e^gjftg brother of the faid late -king Don Fernando, b^^^td whos name was Don luan, a youth of lo.ycares ^^g^ old who had bin maftcr of a railitare order in ?oitug9^. Portugal 1^4 Conference touching fuccepon Portugal named deAuis. and fothey excluded k^H^ j^. ^^^^ Bsatrtx Queene of C iftile that was their lawful hcyrejand chofe this yong m in, and ma- ried him afterwards to the lady PhiUippe daughter of lohn ofGant Duke of Lancalter, by his firil Wife blanch, Duchelle and hcyre of Lacafter,in\vhofe right the kings of Portugal and therdifcendents do pretend vnto this day a ccrrayne intereft to the honfe of Lancafter, which I leaue to our tcporal lawyer, to difculTe but heereby we fee v\hat an ordinary matter ir hath bin in Spayne and Portugal, to alter the lync of next fuceeffion, vppon any reafona- bleconfideration, which they imagined to be for ther weal publique , and the like we (hal finde in France & Ingland , which euen now I wilbegin to treat of. DIVERS OTHER Ex- amples OVT OF THE STATES OF FRANCE AND INGLAND, FOR proofe that the next in blood are fometymes put backefromfuccefsionyand hoi^ God had apfYotiedthefame^itb good fuccejfe. Cap. Vlir. fta^^of pi ^ concerning the ftate of France, I hauc fiance Jl \ noted before, that albeit fince the entracc oftherfitftking Pharamond, with his Frankes, out of Germanic^ which was about the veare ofChrift tothecroT^ne. Fart Cap. VIII. i6s ofChrift 419. they haueneucrhadany ftiagcc cometo were there crowne , which they attri- bute torhe benefit of there law Sahkc,ihat for biddeth W'Omen to reigne,yet among themfel- iies haue they changed twyfe there whole race and Unage of kings, once in the entrance of king Pepin, that put out the lyne of Phara- mond, about the yeare yji.and agayne in the An. 7^1* promotion of kinge Hpgo Capetm , that put our thelyneofPepin,in theyeare 5S8. fo as they-^^^*^ haue had three difcents and races of kings, as Welas the fpaniards, the firft of Pharamond, the 2. of Pepin, and the 3. of Capetus , which indurcthvntothisprcfent , if it be not ahered now by the excluiion that diners pretend to makeof thekingof Nauarr, and other Princes of the blood royal of the howfe of Burbon. Wherfore as I did before in the fpaniards, Co Iwilheereletpadethe firft ranke of al of the French kings, for that fome men may fayper- haps, that the common wealth and law of^f^,^!^^^ fuccefljon,was not fo wel fetled in thofe daycs, "nckc of as it hath bin afterward , in tymc of kinge Pe- ^^^^^ pin Charles the great and ther difcendantcs, asalfofor thatit were in very deede oner te- dious to examine and pervfe al three rankes of kings in France, as you wil fay when you fhal fee whatftorelhaueroalleage, ontof the fe- condranckonly , which began with the ex- clufion and depofition of their lawful King Childerikc the third , and eledion of king Pepin^as before you haue heard at large de- clared 1 6i A Conference touching fuccefion dared in the third chapter of this difcourfc, 5r it fhal not be need ful to repeate the fame agayne in this place. Pepin then furnamed, lebrefe^ or the iitlc^ icingFc- forhisfmaleftature (though he were a gyant pin by in deedsj being made king of France, bv mere An. 7^1. ^Ic^tion* in the yeareof Chrift 75 1. after 22. kings that had reigned of the firftlvne ofPha- ramond for the fpaceof more then three hun- dreth yeares, and being fo famous and worthy a king as alihe world knoweth, reigned 18. yeares, & then left his ftates and kingdomes by ilicccflion vnto his eldeft Tonne Charles furna- med afterward the great, for his famous and heroical zOcs. And albeit the whole kingdome of France appcrtayned vnto him alone, by the K. Char- lawof fucceffion, as hath bin faid , his father rlcft^on t)eing king and he his eldc ft Tonne : yet would therealme of France fhevv ther authority in Girard du his admifllon, which Girard ferterh downe in HaUian 1. thes vvotds, Eflant Pepin decede^ les Trancois ejleu^' 3an.76«. ^^^^ ^oiSyCharles & Carlomon , fafilsy aU charge^ qiiils partageroient entre eux, egalementy leroyamne. Which iSj king Pipin being deade, the french men chofe for ther kings his two fonnes, Charles and Carlomon, with condition , that they fhould part equally betwene them , the realme. Wherin is to be norcd , not only the clcftion ofthe common wealth, befides fuc- ceffion, butalfb the heauie condition laid vp- pon the heyie to part halfe of hiskingdome vvith his yongei brother, and the very fame vvoords to the cro'Tt^ne. Part r. Cap. VHI. 1^7 woords hath Eglnardan ancient French writer, ^fjJIj^lf. in the life oft bis Charles the great, to why that i.cap.j. the Trench ft ate in apubltque a(femhly^ did chofetT^o Princes to k' their kings, '^tth exprtlji condition to de^ uidc ihe realme e^juully, as Francis Belforeji citeth his Wordes, which two French authors (I oieane eirardavABelforeftJl fhal v(e principally here- after in the rell of my citations. After three yeares^that thefe two brethere had reigned together, king Cailomon the y^^S^'^ ^^^,^^^,^1^ died, and left many Conucs, the elder wherof ^."fc^fcii* was named Adalgife, but Belforeft fayeth , that betcre^ the Lords ecclefiajhcal & temporal of Trance fj^ore phlvv?^ fidelttie and obedience to Charles, *^ithout any refped or regard at al of the children ofCarlomon^ho yet by right offucceponjhouldhaue bin preferred, & Pau- lus Emilitis a latine wiiterjfauh , proceres regni ad p^ui. Carolumvltrovenientesjegem eum totius Gallia falu- miii Wft /4r«Kf; that is^thenobHuy of therealme com-^'^^' ming of iher ownc accord ,vnto charleslaluted him king of al Fraace,wherby is f hewed, thac this exclufion of the children of Cailomon, Was not by force or tiranny, but by free delibe- ration of the realme. After Charles the gteat^reigned by fiicceffio ^^"^ J%is only fonue,Lftyi the firft, lurnamed de f'^^- tonLuc, ;/*iir^ of his curtefye,vvhoentrit1g toreigne in An 814. the yeare 817. with great applaufe of al men, forthe excedingc grateful memory of his fa- ther^vvas yet afterward at the pourfuite princi- pally of his owoe three fonnes, by his firrt wife, Girard.1.5 /"which were Lothair^pepin, and Lays) depofed, N firftin 1 68 A Conference touching fuccepon fitftinacouncciac Lions, and then agayne at Compeigne, and put inco a monaftery, though Aii.S4o. afterward he came to reigne agaync, and his fourth fonne by his fecod wife, (which fonnc was named cffarles le chauue, for that he was bald) fuca ded him , in the ftates of France, chough after many battels agiinfl: his eldeft brother LothairCy to whom by fucceffion the fameappertayned. After Charles the balde, fucceded Luys the fecond, furnamcd le begue^ for his ftuitcring, W ho was not eldcft, bur third fonne , vnto his * ^ * father, for rhelecond dyed before his father, & theeldellvvaspucby hisfucceffion^ for his eucl demeanure,this huys alfo was hke to haue bin dcpriued by the ftates at his firll entracc, for fa^chron^^^^^^^^^^^^^^"^'^^'^*^^ father Char- que, pag. les the bald, but that he calling a folcmnepar- Girardl.i ^^^n^nt at Compeigne,as Girard faith, he made An.879. the people, cleargie, and nobilitie many faire Two ba- pi'omifes, to haue their good vvilles. lihxslujs ftards pre the ftutccfihg, Itfc tw o baftard fonnes,by a c6- fcried. cubine,vvho were called Luys and CarlomOjas al^bheleft a litle infant, newly borne of his Jawful wife, i4/fe'/rr«rfe daughter to king Alfred of Ingland, which infant was king of France afterward, by the name of Charles ihe limple, albeit not immediatly after rhedeaih of his fa* ther, for that the nr blcs of Frace faid, that rhey had need of a man to be king, &:nota childe, as Girard reporteth , & theifore the whole ftate of Fiance, chofc for their kinges the two forefaid tothecYO^ne. Part i. Cap. VI IT* foreGii^ baftards, Lttys the third, and Carlomon ihefirftbfthitname, ioyntly an^ they vverc crowned moftfolcmnly Sc deiiidedihe whole realmebetwenethem , in theyeare of Chrift An ssn 88 1 . and Queen Adeltrudevv'ah hcrchilde true hey re of France^fled inro Ingland to her father, and ther brought him vp for diuers yeares , in which tyme f he Hiw foure or fiuc kinges reignc in his place in France, one after the other, foe bieflv thus it palled. ^ Ofthc^stvvo baftard kings the elder named I//yi- reigned but foure yeares, tS: died without ilfue , the fecond that is Carlomon liued but one yeare after him, and left a fbnne called alfo LfAys, which fucceded in the kingdome by the • name of Luys the fife, ^nd furnamed Fatneant ^"ys ^i- for hisidleand llouth ful hfc. For which as alfo ITfur^c for his vitious behaueour,and in parriculer for ao.886. taking but and maryinga None of the Abbey of S.Batidour at Chclls, by Parris , he was depri- ned and madea monkein the Abbey of S.Dc-- wyy,vvher he died, and in his place was choferi king of France, and crowned with great fo- lemnitie , Charles the 4. Emperor of Rome fur- charlcs narfted legrosfoi that he was f^t and corpulct, Gros. he was nt^phew to Charles the bald-, before Fia"nce?^ mentioned,and theiforc the French (lories fay, thathecamc tothecrownec)f France partly by Girard.li. fucce(Iion,andpartly by election, but for fuc- 5.An.88t ccflion, we fee that it was nothing worth , foe fo muche as Charles the fimple the right hey re, wasaliucin Ingland, whom ic fcmeth that N z the 170 A Conference touching fuccefm the French men had quite forgotten, feing that now they had not only excluded him three ty- xnesalicdy, asyouhaue hard, but afterwards alfoagaine,when this ^r(?j(/^C&4r&^ was for his cuel gouermet, by them depofed and dept iucd, notonly of thekmgdome of France but alfo ofhi^ Empire • which he had before he was kmge^& vvas brought into fuch mifcrablepe* iiurie,as diuers write,that he perif hed for v\ ar, Atihistyraelfayethe ftates of France would not yet admitt Charles the fimple fthoughhi- ther-to his fimplicity did notappearc, but he feemed a goodly Prince) bi t rather they chofc odo a for king one Odo Earlcof Paris and Duke of •fur Du- ^H^^^^^^'^ caufed him to be crowned, kcof * But yet after a few yeares, being weary of vvhonu/ mans gouerment, and nioued alfo fo me H^oCa- what with compafljon towards the youth that p«w. vvas in Ingland, they refolued to depofe Odo, and fo they did whiles he was abfent in Gafcony, ^nd called Charles the fimple out of Inglandjto Paris,and reftored him to the king* dome of France, leauing only to Odo for re- compence,thc ftatc of Aquitaine, with title of aDukerwherwithinfine, he contented him- felfejeing that he could get no more. But yet his pofterity by veftucof this election , preten- ded euer after a title to the crownc of France, and neuer left it of, vntil at length by Hugo Ca- pctus'they gat it, for Hugh defended of this king and Duke Odo. This king Charles ihenfurnamed the fini* pie, an tothecri^ne. Tart i. Cap. VIII. 171 pie, aplnglilh vvomans fonne, as youhauc hard, being thus admitted to the crowne of Fiance, he toke to wife an Inglifh woman, named Elgtna or 0^m,daugh ter of king Edward the elder, by Vi horn he had a fonne named Le- wys,and himfelfe being a limple man, as hath bin (aide,vvas allured to go to the caftle,of pe- ronne in Picardie^v vher he was made prifoner, and forced torefigne his kingdomevnto R^^f^Kfi!gof kingof Burgundyc , and foone ^fter he dyed France, through mifery in the fame caftle, and his^"-W* QueeneOgin fled into Ingland with her htle fonne Luys vnio her vnclekinge Adeljian^ as Queene Adeltrude had done before with her fonne vnto king Alfred.znd one of the chiefc in thisaftion for putting downe of the limple, was Counte Hugh lurnamed the great , Earic of Paris,father vnto Hugo Capetos which after vvasking. But this new king Rafe,liued burthreeyea- res after,and then the ftatesof France confide- ling the right title of Luys the lawful child of king Charles the (imple, which Luys was co- monly called now in France by the name of //'0«fym^r,that is bc-yond the Tea, for that he had bin brought vp in Ingland : the faid ftates being alfo greatly and continually follicited heeruntoby the Embalfadors of king Adeljlan ofIngknd,and by William Duke of Norman- j^^^ die/ur named long fpeer, great grand father to William the conqueror, wo by the king of Ingland vVas gayned alfo to be of the yong N } Princes 171 A Conference touching fuccepon piincespart: forthcfeconfiderations (I fay)thcy iciolqcdi to cal him into France out of Ingland, as his fatbri had bin before him, and to admitc and crowne him king , and (o ihey did, and he reigned ly.yearesand was agoodPiince, & diedpeaceabliein his bedd thcyeareofChrift, 94J' This king Luys d Outremer left two fonnes behind him, the eldeftvvas called hotham the firft^whpfucceded him in the crowne of Frace, and the (econd vvas named Charles whom he made Duke of Loray nc* Lothme dyinj^ left one only fonne named I^y/ as his grand father was who was king of France^ by the name of Luysthe and dying without iffue after two yeares th;ithehadreygned, tlie crowne was to haue gone by lyncal fucceflion vnto his vncleG&^rkxthedukeofLorayne, fecod Tonne to h\x)S d Outremer y2iS iseuident, but the dates of France did pur him by it. for miflike they had of his perfon, ^nd did chofe Hugo Capctsts Earle of Pari^, and fo ended the fecond lyne of Pepin and of Charles the gre^t, and entred the race HughCa- of Hugo Crf/?i?m5,vvhich endureth vntil this day, and the French (lories do fay, that this furname Snatch C4/>^r,vvas giucn to him vvheu hc was a boy ^appei>8«forthathevvas wont to fnatch away his fel- lovvescappes from their heades, vvherof he vvas termed Snatch cappe, which (omedo in- tcrprete to be an abodement that he f hould fnatch alfb a crowne from the true owners head in tyme, as afterward we fee it fel out, - though tQthccrdl^ne. Van i. Cap. VIII. 175 thoughyet hchad it bycledion and approba* tion of the common wcalt h as I haue faid* And intltisrefpedb althcfrench chroniclers who oihervvilc are mod eameft defenders of ihcrlawof (ucceflion, do iuftifie t is title of Hugo Capetus i^gainft Charles , for which caufe Frances Ef/farf3 doth alleadge the faying of WiHum Nangis, an ancient and dihgenc ^^^'^•^i* chronicler of the Abby of S.Denjs in France, An!9sV. vvhodefcndeth kingCrfmu^ in thefe words. VVe fmy notgraunt in any cafe that Hugh Capet may Defence be eftemed an inuador or v fur per of the croT^ne 0/ c^pctus Trance yfemg thcLordes Prelates princes ^^fdgouernors title. oftherealmedid calhimto this dignitie, and chofe btm for their htfig and Soueraine Lord^ thus much Nangis:vppon which wordes BW/(?rf^ faieth as followethjihaue layd before you the wordes and cenfure of this good rehgious man for that they feeme to me ro touch the quick , for in very truth we cannot by any oihet meanes defend the title of Hugh Capet from Vfurpation and fellonie, then to iuftifie his comtning to the crpv\ ne by the confent and wil of the com- mon wealth, and in this I may wel excufe mc from inconftancie and contradidtion to my fclfe,that haue fo earneftly defended fuccefllon before, for hethatwilconfider how and vvith^^ vvhitcondirions I defended that , fhal caiely fee alfo that I am not heere contrary to the famejhus much Belforeft. IThinke it not a milFe alforo put downc hecr tome p^rc of (he oration orfpeech which N 4 chc 174 ^ Conference touching fuccepon baiTa^of ^'^^ Embaflador that was fent at that tymc, the *i^arcs frcm the ftatc of France vnto Charles of Lorai- vnr^ck^'i ^^^3^^^^^ ^^^^^ cledion of Hugh Capet, and Char- icl ot JLo- Ics exclulion , didvfe vnto him in ther names, lAijic. which fpcch Gir^r^tdoth recount in thcfe wor- des. Girard 1 E^^^X knowcth (Lord Charles} that #.an.5)»8. the fucceffion of the crowne and real me of ^, France according to the ordinary Lawcs and rights of the fame, belongeth vnto you, and ,> not vnto Hugh Capet now our king, but yet the 5,very fame lawcs which do giue vnto you this 9, right offaQpeflion^do Judge you alfo vnworthy ,,ofthe fame, for that you haue not endeuored 3, hitherto to frame your hfe and manners accor- 5, ding CO the prefcript of thofe lawes, nor accor- ,,dingtothcvfe&: cuftomeof yourcoumcreyof „Francc,but rather haue allyed yt)iir fclfe with the German nation, oui old cnimics, and hauc 5, acquamted your (elfe with their vileaud bafc „ manners.Whcrfoiefeingyou haueforl'aken & abandoned the ancient vertue fweernesand aniitieofthefiench, wehauealfo abandoned 5, and left you , and haue chofen Hugh Capet for our king, and haue put you back , and this 5, without any fcrupleor preiudice of our con- fciences at al, eftecming it far better and more „ iuft to line vndcr Hugh Capet the prefent po- jy n^lToroftbeciownejWith eaioying the ancient 3» vfeof our laweSjCuftomes, priuilegcs and liber- 99 tiesjthen vnder yon the inheritor by neernes of M bloode, in oppreflion, ftrange cuftomes, and cruciity* tg the CYtiT^ne. Tart i . Cap* VIII. 17 j crutltY Forcuen as thofe which are to make a^^^^^*!^ voyage in a 1 iiip vppon a dangerous lea, do not fon, fo much Tcfi eft^vv hether the pilot which is to ,> guyd the fterne,be owner of the f hip or no,buc„ rather whether he be fki!fa!,vahanc^ and hke,, to bring thetn in fafety to ther wayes end, or to „ drowne them among the w^aues : euen fo our principal care is,tnat we haue a good Prince to leade and guyd vs happcly in this way of ciuil,> and politique life, which is the end why^, princes were appoinred,for that rhis man is St- icr to be our king. ^, This mefTagedid the dates of France fend to Charles of Loravne in defence of iheir doins^s* and with this he loft his fuccefflon for euer^and afterwards his life alfo in prifon^and the French men thouohrthemfelues fecurc in confciencc as you lee^for dfting the f3me,which God hath alfofince feemed toconfirme,with thefuccef- fion and happy fuccelle of fo many noble and moftchriftian kings as haue iffucd out of this line of Hugo Capetas vnto this day. And this fpoken now of the fecond lyne of France, I take to be fufficient for proofcout'of *^ of our purpofe, without going any ^^^^1^^^ j';^^^^^ for that if we do but number thefe kings al- France, redy named that haue reigned in this fecond race, from king Pepin downwards vnto Hugh Capctt (vvhich are about ly.or iS.kingsin 23S. yeares)vve fhal finde that not fome few, but the mort part of them did both enter and enioy ther crownes and dignities contrary to the law N J oflync ij6 A Conference touching fuccepon of lyneal difcenr, and of next fiicceflion by blood. Whcrof alfb thcr would not want diuers examples in ^he third and laft difcent, fince Hugo Capettts tyme,if wc would pafle furchcrto examine the ftories rhcr-of. For nor to go fur- ther do Ane then to the very next difcent after Girard li. Hugh which was king Robert his fonne , Gi- rWaffirmeih in hisftory, thacof his twofon^ nes which he had named Robert and Henry, Robert the elder was put back, and his yonger brother Henry made kmg of France, & reyned l^p^^^^T^many yeares by the name of Henry the firft,& red bcfo- this he fayeth happened partly for that Robert del^bro- ^^^^ ^ (impleman in refpeft of Henry , and ther. partly alfo for that Henry was greatly fauored and afllfted in this pretence.by Duke Robert of William Normandy father to our William the conque- ror how tor, and in recompence hereof, fhi<; king Henry tob^* afterward aflifted the faid Willia baftard fonnc duke of to Robert for the attayningof the Dukdomq Korman. of Normandie,after the death of the faid Duke Robert his father, notwithftanding that Duke Girard I. K.'^t)^*'^ had two Uw ful brothers a liue at that 6. Anno tyme^whofe nameswere M*/7;^er Arch bi( hop of Wij.^ Roan, and William Eatk o( Argues , in Nor- mandie, who pretended by fucceflfion to be preferred, But the ftates of Normandie at the reqiieftof DukeRoi^^rf, when he went to the holy land (m which iornev he died) asalfofor auoydingofdilleniion and warresxhat other wife might iiifue,were content to exclude the vncles and admitt the badard fonne^ who was alfo tothecro^ne. Van i. Cap. VIIL 177 alfoaffi^dby thcforce&of the king of France as hath bin (aid, fo as no fcriiple it fcemed ihcv was in thofe dayes,erher lopiefer king Heniy to the crownc of France befpr his elder bro- ther^or Duke WiUiam rhc baftard fonne to the Duchie of Normandy before his lawful vnck$ vppon fuch dowconfideraiions, as thofe ftates may be prefumed to haoe had for their doings. I read alfo, that fome yeares after, to wit in ^^^j^^^^ theyeare 1 1 10. when PhiHip the firft of France for xhfi fonneandheyre to this king Heniy of ^hofc^^^^^^^^^^^ folemne coronation you haue hard before in the feiieth chapter, was decenfed, the people of France were fo offended with his ^iJ^l hfeand^^i^^^^ gouerment, as diners were of opinion to dif- lib. 7. inherite his fonne Lewis thefixt, furnamed /^'^"•"^o. Grw, for his fake , and fowas he like ^^hane^^j^^^ j bin indeede, as may appeare by the chronicle c.i.&:.l.* ofFrancc^iffomeof hispartie had not cauftd him to be crowned in haft,andout of order^iu, Orleans, forpreuenting ihe mat:er. The like doth Phillip Comin«us in hisi ftorycSmaus ofkingLuys the eleuenth declare, how ^J^^^|a,^^*^iJJ theftate of France had once determyned , tOvita Lu- haue difinherited his lonne Charles, named '^o^^^"* after the eight, and to put him back from his fuccedJon for their hatred to his father, if the faid father had not died while the other was very yong^as I noted before alfo, that it happe- ned inking Henry the third of Ingland , who was once condemned by the Barons to be difinheiited , fot the fault of king luhn his father, xyS A Conference touching fuccepon fatherland Lewjrs the princi) of France chofen | in hisplacc,but that the death of king lohn did alter that courfc intended by the Inglifh nobilifie, fo as this matter is nether new nor vnacuftomed in af foraine countryes, and now wil I patTe alfoa little to our Inglifh ftories, to fee whether the Lke may be found in them or no. ESMtnples And firft of al that the realmc of Inglad haih •fthc^ had as 2reatvarietie,chanecs,anddiueifitie,ia logjax^* the races ot their kuiges , asany one realme m the wotldjitfemetheuident, forthatfiiftofal, afw the Britaines, it had Romans for their go* uernours for many yeares, and then of then) & iheir roman blood they had kings agayne of therowne, as arpereth by that valiant king iac« of ptudcntly the (erpecially Alfred or yjn^ i!/^^rei/, the laft of al foure, whofeadsare vvon- frtd'872, dcrful , and who among other his reuoumed geftes^draue Ko/fo that famous captaine of the danes from the borders of Ingland,with alhis company mro France, wherhegat the coun- trey or prouince named then Neuflria.&c now Nmw/i;;rfiC,and was thefiift Duke of thatpjro- uinceand nation, and fromwhom our William Conqueror came afterwards in the fixth diC cer:t.This manerettcd alio the vniuerfitie of Oxford^ being very learned h:m(clfc, buyldcd diuersgoodiv monafterics and churches, and King dying Icfr as famous a fonnebehyndc him ^ as ^UcT^.^^ himielf, which was Edward the firftfurnamed An.jioo. the fenior or elder. This lothecroT^ne. Fjrt i. Cat. VIM. iSi This king EdvVard dying left two fonncs, lawfully begotten of his Wife, Edgina. the one named Prince Edmund^ and the other tldred , & a third illegitimate whofe name ^v^is Adcljlan^ whom he had by a concubine. Bin yet for th.it this man was eftcmed to be of more valor j^^^^^l^ then the oiher,he was preferred to thecrowne, HomU before the two other Prnices legiitimate , foi pjc^^^ld. foteftifieihPolidorin thcswoidts, Adelf. anus ex An.924- concubma EdT^ardt films , rex a popido confaL tatur atque adkinsftonum opidum more matorum ab Athel- ^^j*^ $• mo Cautuarteriji Archteptjcopo coronatur^ vvhuh is^ i!/fe/y?#iwthcfonncofking Edwaid by aconcu- bine, was made king by the people, and was crowned according to the old cultome, by i4r/7e/;we Archbilhopbf Caccrbury atthetowne ofkingflx>n.Thns far polidor,and Stowaddeth further thes wotds : Hts coronationit^a^ celebrated in the market place ^ vppon a ftage, erected on high stovr that the king might better be [eene of the multitude^ An. Ji^ heli^of a Prince of n^orthy mcmorte^ valiant and '^ife^ in al hu ails. & brought this land into one perfect mo- narchie.for he expelled vtterly the danes, and quieted theTi^elchme.Thus much Stow,ofthe f^ccelleof chufing this king baftard to teigne. To who(e ad:s iright be added that he conc]uered Scot- land and brought Conftantine their king to do him homage, andreftorcd Luysd Outremer, his fillers fonne to the kingdome of France, as be- fore hath bin fignified. This man dying without ifluc, his lawful Ed» brother Ed^md, put back before, was admitted "^^"'^ to the I. An. 949. J 8 1 A Conference touching fuccepm to the crowne^who being of excellent expcda- tion, died after 6. ycares, and left two lawful T}icvnc!cfonnes,but yet for that they WTrc yonge, they Vc{oic^ were both put back by the realn^c, and their the nc^ vncle Eldredw^s preferred before them, fo faith PoHdor, Genuit Edmondus ex Egilda rxore Eduimm roUd.l. 6. (jr Edgar unty qtu cum etatepuerl ejfent pojl Eldrcdum de'tnde regnarunt. King Edmond begat of his wife Egtlda two fonnes named Et/Tt^m and Edgar^ who for that thjey W'cre but children in y eares, were put back, and reigned afterward after ther vncle Eldred. The like faith Stow and yeal- Stowin dcth the fame reafon in thcs wordes. Eldred iicles*'^^' /^^^^^^^ Edmod hts brother for that his fowics Edji itiy and Edgar , Ti?ere thought to yong to take jo great a charge vppon them. This Eldred though he en t red as you Tee againll the right of the ncphewes^ yet faith Po- lidor and Stow,rhat he had al mens good will, and Was crowned as his brother had bin , at kingfton, by O^c? Archbifhop of Canterbury, and reigned 9. yearcs with great good wil and praifeofal men. He dyed at laft without ifTue, and fo his elder nephew Edwin was admitted to the crowne, butyer after foure yeares he was depofcd agayne, for his leude andvitious life, and his yonger brother frf^^r admitted in hisplacein the yeareofChrift 5159. Hdgar a This king Edgar that entred by depofition of famous his brother, was one of the rareft princes, that the world had in his tyme, both for peace and war, iuftice, pietye^and valor. Stow^ fayeth he kept fothecrtnme. Van t. Cap. VIIL i8j kept a nau ie df three thoufand and 6.hundreih fhippeSjdiftribiited in diucrs partes for defence oftherealmc. Alfo that he buyltand reftored 47* monafteriesathisownechargeis, and did other ipany fuch a€ts:he was father to king Edward the martir, ^ grand father to king £dward theconfc(Ibr,though by twodiifrerent wiues, for by hii firft wife named E^i//r^rf he had Edward after martirized, and by his fecod Edvfard vvifei4/frerfhchad "Etheldred father to Edvvard ^^J^^i^i- ihe confe(Ibr5& to the end that Etheldred myght * raigne^his mother il/fr^^cau fed King Edward the fonne of Egilfred to be flayne after king Erf^^r her hiifband was dead. k Ethel After this fo fhameful murther of king dj^d^^^i, tedward,many good men of the realme , were tofopinion^not to admit the fucceffion ofEthcU ired his half brother, both in refpe^l of the niiirther^ of king Edward his elder brother,c6* mitted for his fake,as alfo for that hefemed a man not fit to gouelrne, and of this opinion among others,vvas the holy man Dunoon arch- y olid.Ly. bif hop of Canterbury, as Polidor fayeth, who ^ at length in flat wbrds denyed to confecrate him,but feing the mod part bf the realme, bent on Etheldreds hde y he foretbuld thetti, that it w^ould repent them after , and that in this mSU life the realme fhould be dcftroyed as in deedc it was, andhcrannaway to Normandy, and left Sweno and his danc^ inpofleffion of the : realme, though afterward Sweno being dead^ he returned agayne and dyed in London. O Thif 184 ^ Conjerc^^ This Etheldrcd had iwo wfucs , the fiift Ethc!^ ^^w^anlnghfh wcma.by whom he had prince ^^^^"^^^^ Edmund furnamed Ironfide , for his great * ftrengih and valor, who fucccded his father in thecrownecflngland^forayeare, and at his death left two fonnes which after fhalbe na- med^and hefides this, Elheldred had by his firfl: wife other two fonnes Ed'j^m and Adelfiorty and one daughter named idginaj al which were ether (layne by the dancs,or dyed without iflTue, The fecod wife ofEtheldredwas called Emma^ Emma^ fi^^f to Richard Duke of Normandie, who mother was grand father to William the conqueror, to Edvvafci witt^ father to Duke Robert, that w as father to ihecon- William, fo as Emma was great aunt to this * VVilliam , and f he bare vnto king Etheldred tw o fonnes, the firft Edward , who was after- ward named king Edward the Ccnfellbr, and i^/^rwrfwho was flay ne rraiteroufly by iheEarlc ofkenr,as prefently we fhal fhew. After the death alfo of king Etheldred, Queene 'Emmawizs maried to the Dane king Canutus thefiiftofthat name, furnamed the great,thac was king of Ingland after Etheldred^ & Edmond Ironfide his fonne,and to him f he bare a fonne nzm^d Hardicanuius y who reigned alfo in In- gland, before king Edward the Confc(Tbr. Now then to come to ourpurpofe, he that brcchcs Vvil confiderihc paffing of the ciowneof In- f«Vc"in' * from the death of Edmonde Ironfide, Mwc 10. elder fcnne of king Eltheldred, vntilthe pof- fcflion iherof gotten by VVilliam Duke of Normandie, tothcmumt. Tart i. Cap. VIII. i8j Normandie, to vvitforthe fpace of jo. ycarcs^ fhal ealbly fee what authority the common Wealchhathinfuch affaires, to altei* titles of fucceffion, according as pubh'queneceffity or vtihty fhal require, for thus briefly the matter parted. King Ehheldrcd feing himfelfe to vveake forSweno thekingof Danes, that was enrred theland^fled with his wife Emma and her iwo children Edward and Alerud,ST\x,o her brother Duke Richard of Norm andie , & ther remay- nedvntilihe death of Sweno, and he being deadjEtheldred retuAiedintoIngland, made a certayneagrementanddiuifion of the realme, betweene him & Canutus the fonne of Sweno^ and fo dyed , leauing his cldeft fonne Edmond Ironfidej to fucccd him^ who foone after dying a!fo,left the whole realme to the faid Canutus, and thatby playne couenant as Canutus pre^ tended, that the longeft liuer fhould haue ah wheruppon the faid Canutus tookc the two children of king Edmond Ironfide named Edmond and Edward, and fent them ouer into sonnes Sweuelad (which at that tyme was fubicdl alfo oi¥.'m% vnto him) and canfed them to be brought vp ironfide* honorably, ofvvhich two, the elder named Edmond dyed without ilTtie, but Edward was mariedandhaddiuers children as after fhalbc touched, Etheldred and his fonne Edmond being King Ca- dead,Canutus the Dane was admitted for king ^^l^^^ of England by the v vholc parlament & confent O 1 ofthc 1 8^ A Ccnference touching fucce/m of the realme, and crowned by Alerud Archbili hop ofCantcrbury^asPohdor faith, Sc hepro- ucd an excellent king, went to Rome, and was allowed by that fea alfo. He did many vvoikes of charity, f hewed hira(elfe a goodchriftian^ & very louing and kynde to IngTifhraen, mar- rjed Queene Emma an Inglifh woman and mother to king Edward the Confeflbr j dc had by her a fonne, named Hardicanutus , and fo dyed & was much mourned by the IngHfh^ after he had reigned io. yeares, though his en- trance and tyilevvas partelyby force andpar- tely by eledion> as before you hauc hard. After this Canutus the firft, furnamcd the great (for that he was king ioyntely both of Ingland Norway,and Denmark jv vas dcad^Po- hdor faith that al the ftatcs of the realmc mctt ring ha- together at Oxford toconfult f^hom thejf fhould baftaid^ ki^g, and at laft hy the more fart of, voices iipas 103$. choferiy Haraldthcfirji lame of Canutus by a concu-^' btney by which eledion we fee iniury was done Foiyd.ls. tothe lineal fucceffion of three parties, firftto hiil apgl. ^j^g fonnes of king Edmond Ironfide that were AkruA fonnes to king Ethelrcd, and brothers to ironfide th at weje in Normandy , and thirdly » ro Hardicanutus, fonne to Canutus by his law- ful Wife Emma^to whom it was alfo afliircd at hermariage, that her ifTuc fhould fucccdc^if f he had any by Canutus. After the death of this Harald, who dyed in Oxford whcr he was dented , within three in Sweueland then to the Edward and ycarci tQthecro^m. Van x. Cap. VIII. 187 ycares after his ele^ion, ther came from Den^ iw^ri^Hardicanutus to clame the crowne, that his father & brother had pofleffed before him, of vvhofecommingPolidor fairh, I'tbcntifimis y^^^y^^^^ animis accifttar communique omnium cmfenfu rexdicanu- diciturMcW2iS receaued with great good vvil j^^j/*^ of al,and by common confent made king , and this was done by the dates without any refpeiS; hadofthefiicceflion of thofe Princes in Nor- mandie and Sweueland,who by birth were be^ fore him as hath bin fhewed, and this is the breach of Hneal difcent after Erheldred. But this Hardicanurus being dead alfo,vppo the fudden at a certay ne banket in Lambeth by 3-ondon without ifTue, within two ycares after his coron arion,thc dates of the realrae had dc- termynedto chufe ^lWr^^^ for their king, who Aimed was yonger brother to Edward, and foi^ thatg^^^^^ caufc fent for him out of Normandy as PoHdor thcr prc- recounteth , and had made him king without al doubt ("for that he vvas eftemed more ftyr- ring & vah'ant then his elder brother Edward) had not Earle Goodwin of kct fearing the yong mansftomake rayfeda ftrong faftion againft him,and theruppon alfo caufed him to be tray- leroufly raurthered as hepafled through kent toward London, nor bad theftate heer-in any refpedtoantiquitieof blood , for that before Aluredy were both his own elder brother prince Edward fwho after him vvas chofen king) and before them both were Edmond and Edward ihc childic of their elderbrothet,Edmon Iron- O 3 fide,as 1 88 A Cmferemetmcbm fuccefton fide,as hath bin faid, and tnis the third breachc of lineal difcent. But this notwithfl:anding,^/m/rfbeing flayne, prince Edward was made king, tantapublica Z^- titia (CsLith Po\idox)vt certattmpro ems fdtci pm-- ^^^^^^^^cipatu.cunili votafacercnt. Thatis,he vvas made light of king with fuchvniperfalioy and contentment fuccclTio. Qjf^i nien,aseuery mancontendedjwhofhould pray and make mod vowes to God for his hap- piereygne, and according to this was the fuc- celTe, forhevvas a moft excellent prince, and almoft iniraculoufly he revgned with great peace and void of al war at home and a broad, for the fpace of almoft io.ye ares after fo infinic broyles as had bin before him, and infued after hym, and yet his title by fucceflion can not be iuftified,asyou fee, for that his eldeft brothers fonne was the aliue, to wit prince Edward fur- named the outlaWj who in this kinges reygnc came into Ingland and brought his wife and three lawful children with him , to wit Edgar^ Miirgaret.Sc Chnfti4n,[hm yet was not this good king Edward fo fcrupulous, as to giue ouer his kingdometoany ofthem , or to doubt of the right of his owne title, which he had byelc- dtion of the common wcalihiagainft the order of fucccflion. This king Edward being dead without ifTuc, Polidor faith that cht ftates made a great con- fulration,whom they f hould make king , ^nd firft of al it femeth they excluded him,that was wly next by propin oftheJiucrftticof rcltgtons and other fucb uufes. Cap. IX. AFter theCiuilianhadallcagedal thes examples of fuccefljon altered or reiefted by pubh'que authoritie of common v\ealthes, and ofthe allowance and approbation &good fuccede which for the moft part god femeth to hauegiiien vnro the fame, one of the company brake forth and faid, that ihispoynt appeared foeuident vntohim^as nodouDtin the world couldbemadethcrof, Imeane, whether this thing in it felfe be lawful or no , to alter (bme- tymes the courfe of fncceflGon/eing that ai co- caofwof mon vvealthesof Chriftendome, haddonneit c-^ciuding fo often. Only he faid, that it remayned fome- ^""^ i vhatdoubful vnto him,whether the caufesal- ! leaged in thes mutations, and chainges before I mentioned, werealwayes fuflicicnt or no, for Ithatrometymcstheyremedto him butweake 1 9 S A Conference touching fuccefton andflender, as when ffo I* example^ the vncle was preferred before the nephewes, for thac be was a man and the other children, which caiifeand rcafon hathoftentymes byn alleaged in the former exapies, both of Spaine, Fraunce, and Ingland , as alfo when the yonger ot baftard brother is admitted the elder and le- gitimate excludedj for that the Dne is a warrier, & the other not, and other fuch hke caufes are yealded ffaid he) in the exclnjfions before rc- 'hearfed , vvhich yet feme not fome-tymes vvaighty enough for fo great an affaire. To thisanfwered the CiuiHan, that accor- cting to their law^both ciuil and canon(v vhich thing alfo he affirmed to be founded in greilt reafon) it is a matter moft certayne, that he vvhoisiudgeandhath logiuethe fentence in the thing, itfelfe, isalfbtoiudge ofrhecaufe^ for therofis he called iudge, andifhehane au- vvh« thority in the onej good reafon he niould alfo muftiad- haue power to difcerne the other, foas, if we ll^ilx ^ graunte according to the forme & proofes^that caufcsof the realme or common wealth hath power to admitt or put back the prince or pretender to thecrowne, then muft we alfo confciTcthac the fame common wealth, hath authority to iudge of the lawfulnes of the caufes, and confi- dering further that it is in ther ownc affaire > & in a matter that hath his whole beginning^con- tinuance and fubftance from them alone, I meane from the common wealth , for that no man is king or prince by infticution of nature^ as before ti)thecro^m. Part i. Cap* IX. t^^ as before harh bin declared, but cuery king and kings lonne^harh hi«dignity and pithemii'«ecc aboueothei men^ by authority only of ihec5* men vvealih : w/ho can affiime the contrary faid the Cinilian/ but that god doth allow for aiuftandfufficient caulein this behalfe, the only vvil and iudgmenr of the weal publique it fclfe , (uppohiig alw^ayes /as in reafon we rnay) that a Vvholc realme\Ail nener . agree by orderly way of iudgtncnt (for of this only I mtane and not of any parti^ulcr facflion of pri- uate men agaynft ther heyre appare*.)ro exclude or put back the next heyre in blood and fuc* ceflion without a teafonable caufe, in their fight ^nd cenfure. And fcing that they only are tobeiudges of this cafe, /as now I haue faid^ vve are to prcfume that what they decermyne, is iull and lawful for the tytne , and if at one tymethey f hould deteimine one thing, &ths contrary at an other , ("asihcy did often inln- gland dunng the conterition betvvene York & Lancafter and in other like occafions) what can a priuare rnan judge otherwifc, but that they had diifFcrent reafons and rnotions to leadc them at different tymes , and they being pro- perly lords and owners of the whole bufmes, committed vnto them, it is enough for eucry parriculer man to {ubirdt himfelfe to that yvhich his common wealth doth in this be- halfe, and'to obey iimply without any further inquifition^except hefhould fee thatopen in- iuftice vVcre donnctherrn or God mahifeftly P ©{Funded cfFcnd d , and the rcalme indangered, iutt*icc*to Op^" iniufticc 1 cal (faid he} when not the be tcfi- txu(: common wealih,but fome fadion of wic* <^ehcrs and Cnd ofal. kcrsvvhat To this light J fiiy, came the heathens euen end they by the inftind and diredion of nature, wherof thti ^ i^^^^^ ^h^t ^h^r was neuer yet pagan Pbilofo^ tothecYo'nme. Vart i. Cap. IX. loj phc r that wrote of framing a good commoa vvealthas SocrateSy Plato, Plutarchy Cicero , and others, nether lawmaker among them that left crdinaces for the fame purpofe.as Deucalion Mi-* nos,Zaleucu6McuYgmySoloJo}hNf4ma,ot the like, which befides the temporal ende ofdiredting thii}ge$ wel for the body^bad not efpecial cate alio, of raauers apperteyning to themynde, to wit, of nourif bing , honoring, and re- warding of vertae, and for reftrayning and punifhingc^f vice, and vvickednes , vvherby is euident that their end and butt was to make their cytizcnsgood and vertuous,which was a higher end, then to haue a bare con- fideration of tetpporal and bodily benifits only , as many gouernours of our diyes (though Chriftians in name) feemc to haue, who pretend no higher end in ther gouer- ment then bodily wealth, and a certaync temporal king of peace and iuftice among ther £ubie£l;s^vvhich diuers beads alibdo reach vnto., in ther congregations and common The com weahhes, as is to be feeme among emetts and J^^^j^j^ bees, cranes, lyons, arid other fuch creatures, of bc*- thai by inftind of nature arc fociable , and do liue in company, and ccmlequently al(b do maynteyncfomnch order and polHcy in ther common vvealth,a$ is needful for their prcflr-^ iwtion and continuance. But nature taught man a far higher '''J'^***'* and more excellent ende in his common maas ce- vvcahh, which was not only to prouidc for thos ^ xo6 A C onference touching fuccefion bodily benefit:* ihar are common alfo to crea- tures withouC rea(on,but m uch more for thof^ ofthemynd, andaboue al for the feiuing of. tharhiga and Ibpieme God , that is the begin- ning &: end o.fal the reft. Fur vvhofe ferujcecilfa they learned by the fame i'iftin(5l and inftuutio of nature, mat the chiefcft and fupremeftho- uor that could bt done vnto him in this life by man, was i her honor of (acrifice and oblations, andobu! vvhich we fee was begun and ptadifed eueii ti'ons by inthofe firft brgmnings of the law of nature, ^^w^* before the leuitica! lavVj and the particuler for* roes of this fame law, were prefcubed by Moy- fes. For fo we read m Genelis of Noe, that he made an alter and ofTrcd facrifices to Godvp- pon thefamCyOfaltbt'beaftes and byrdes that C?^o.hehad in the^rke, odoratufque eft Domtnm odor- 7emfumitatis ^ auu God receaued thefmel^ of thesfaciifices,asafweetfmel.Which is idlay^ ^hat God was highly pleafed therwith, and the likevvereade of lob that vvas a gentile, and ^^.i. lined b^^fore Moyfes, Sanfltficahat filios confur-^ genfque Ailuculo ojferebat holocaujta per dies fingulas. He did fanditiehischildren, and rifing early in the morning did offer for theni holocaftes or ^.urut ficnfices euery day. This men vfedin thofedayes, and this they were taught by law of natu re, I meane both to. honor God abpuc^il things, and to honor him by this patticuler way of iacrificcs, which is proued alfo cuidently by that which at this day is founds and fecncinthe Indians , whcr nque? tothecroT^ne. Tart i. Cap. IX. 207 neiKr any notice ofMoyles law came, and yec jio nation huth euer bni found among them, that acknowkgeih not fome kinde of God, andotfercth not Ibme kinde of racnfife vnto him. And albeit in the particuler meanes of ho- noring this God, as alio in diftingiiifhing be- twecnc falfe God^ and the true God, ihes peo^ pie of the Indian hauc f:.llen into moft groOe & infin.ite errors, as alfo the gentiles of Europe, Afia,& Africadid, by the craft & fubtilty of the dmel^which abuflng their ignorancejdid thruft him felfe into the place of God,andderiued 5c drew rhorefacnfifes and fupreme honors vnto himfelfe, vvhich vveredewto God alone, yec is it enident heetby (and this is fufficient for our purpofej that by God & nature, thehightftThechifb andchiefcllendofeuery comn-on vvealih , is end of a Cf^ltt4S Dei, ihe feruice ofGod,and religion, and vTeaUh^ confequcntly rhit the principal care &c charge ni^^ge'^r*- of a prince and mageftrate euen by nature ic^ton/^^ felfe, is^ to looke therunto, wherof al anti- quity both among lewes and Gentiles , were wont to haue fo great regard , as for many yeares and ages then* kings & chiefe magcllra- tesvvereaho preeftes: and diuers lernedmen do hold, that the priuilege and preheminenceceflp- of primo^enitura orthefirft borne children, ^-^ ^ i s, (b much eftemed in the law of nacurefas he-^j^^l^^t",! fore we haue feenej cofilled principally in this, tc Gu:('S that the cldeftfbnnes were pieelles h.id thc^^J^/*;^ chargeanddigniry of chisgreatcit adtion of aU.raiii ii P j ether Jc8 A Conference touching fuccefm ocher vppon earth , which our temporal Ma^ giftrarcs lb little regard now. JLcgarJaf And this refpc6^ and leucrence tovvardsrc- ^ong" 'igi<^»'» vvas fo greatly planted in thebrefts of Ijcaulcs. al nations by nature herfelfe, as Cicero pro- nounfed, this general fenrcnce in his tyme. J'*^^^*^ eft gens umferay nulla tarn immanis, cuius iurc.& mcntem non mbucrit dcorum cotmdorum relsgto. dcoruiu^*^^"^ is no nation (6 fearce or b^tbarous,whofe jib.i. myn Jes are not indued which lome religion of worfhipping Gods. ^^«^arch And Pluurch writing againft a cert^inc Aihcift Colotcm.^f^^'Styme faith thus: if you trauaile far coun^ tries, jou may chance tofindfomectttes, ii?tthout kr^ ningy i^tthoHt kings, T^ttlmt itches, without money ^ hut a citty^tthout temples, andl^ithout Gods and fa^ crififcs y no man yet hath euerfeene. And finally Aiiftol 7 Ariftorle in hi^ politiqucs hauing numbred di- foli£i.c.«. uers things^neceffiry to acomiBon weal t:, ad* deth thes vvordes. Onintmn&pr'tmum. Circa, rem diinnam cultm, quoifacerdotium facr'ifciumiiue v<7- cant. In the* fife place (which in deed onghc to be thefitft of al other; is neeelTary to acorn - mon wealth, the honor and feruice dew vnto God, which men commonly do compehtnd by the vvoordes of preeft-hode and facrifice. Theab- Al this I hlue allcagcd to confute euen by iwrdA- the principles of nature herfclfc, the abfurd ot'ouT^ opinions of diuers atheiftcs. of our cyme, that tymciix Will feeme to be gteat politiques^who affirine |ucs[!" ^^^^ religion ought not to be fo greatly le- fpe^flsd in a prince, or by a prince, as though it were tothecrd^ne. Tart i. Cai>. IX. 109 it were his chieftft care or the matter of moft importance in his gouerment, which you fee how falfe and impiousitis, euen among the getiles themiclucsjbut much moreamog chri- ftianSjWhohauefo much the greater obJigntio to lake to hart ih is matter of reh'gion, by how much greater light & knowledge iheyhaue of God,and therfore we feethat in al the princes othes which before vou haue hard recited to be made & taken by them at their admiffion 8c coronation, thefirft and principal point of a! othcr,is about religion & maintenance therof. Sec be* and according ro this oth alfo of fupreme prin.^^^^^^^^'* ces,not only to defend and maynteyne religion made by by themfelues in al ther ftates, but alfo by th^ir^hcirco- liefccnaunts and vndergouernouis^ wehauein tonations ourciuil law a very folemne forme of an o^hJ^J^^ which luftinian the Emperor , abouc a thou- fand and /o.yearesgone, was wonttogiue to al hisgouernours of countries, citties and other places, before they could be admitted to their charges,and for that it is very efFec^lual, & that you may fee therby what care there was of this matteratihattyme: and what manner of fo* lemne and religious proteftations , as alfo im- precations they did vfetherin, itfhalnot be amide perhapps to repeat the fame in his owne Woords which are thes following. The title in the Ciuil law is : iuramentum qtwdj^^^^ Tfitjlatur,ijs qui admmijirationes auipiun^ the othnorslfo"^ which is giuen to them thatreceaue gouer-^^^^^^l^^^ mencs, and then the oth beginnetb thus. jioa. ^ luro! 1X0 A Conference touching fuccefm Noudia^* r//r^7 per Deum ommpotentem & filium eius vmgemt% •onftit. Vommumnojirum lefumChnJitm& Spirttum fan^ lujhn ^'^iirn^ & per fanMa n glomftm Dei gemmcem& femnr vtYgmem \Uriam , & per quatuor euangelia q 'j(& m mambiis mm teneo, & per fanilos arch^ngelos Micha^lem& Gubridera puram canfctentiam germa^ mmqur fenntium me feruaturum facratipmis noHris Dominis lufimiam & Theodoftdi caniugi em,occafione traditds miht ab eoru ptctate admmiflrathms. Et quod (ont miCMor fum fan^ipf^fU Dei Catbohcdt &Apojlolu C£ Ecdejh.& niiUo mo io vd tempore admftborei^ nec alvim qnocHnpie pcrmtttam quxtum popbdttate ha^ bean, &ft ve^onon luc omnia feruauero , recipiam omnia incomoda mc& in futuro fecnlo m terribilt tu-' dttio magni Oom'im Dei & faluatork nojlri lefu Chri" fti>& habebo pane cum luda {3* cu lepra Giez,i,& cum tremore Cain^infuper (ir pdtnis quds, lege eorumpietath fbrrae^of Continent ur ero fubiecliu. Vfhkh in Inglifh is thus^ this otheldofwearc by almightic God, and by his holy An^Mi f^nne our Lord lefus Chrift, and by the holy s6q. ghoftjand by the holy glorious mother of God,^ » the perpetu;:il virgin Marie, and by the foure ^»hoIy ghofpells which I do hold in my h ind,& » by the holy archangels ^. MirWand S. Gakiely J J that I wil k:pe a pure confcif^ncej&r performe 5^ true feruice vnta the facred perfons of our » Lords and princes luftinianandTheodofta his wife,in ^loccaiions of rhisgaaerment,by theic 5>benignity cornmirted vnto me.Moreouer I do »*fweare thit I am communicant and member of I'the moll holy Cacholique and Apoftolique jjcharcli of God, aad chat 1 fhal neuer at any tymc fv the croJ^v€. Tarf J. Cap. TX. 21 1 tyme heeraftcr be contrary to rhe f^mc^nor fuf- 3, fer any other to be^ as much as fhal lye in my ponjbilkieco let. And if I Ihould break this oth or not oblerue any poy nt therof, I am con- ,> tent to receaue any punjfment both in this 5, world as alfo in the world to comme, in that laft ana mod terrible indgmenr of our great,. Lord and fauepur lelusChiift^ and tu haut my j» part with ludas, as alio with the l^-piofye of,, . Giez^ and with thefearcand trembling cfdam- 5, nedCain: and beiidesal this I ( halbe fiibieci- „ toal punifhments that are ordeyned iivthe la wes of their MaieJlycSy concerning this aftaire. Thisothdid al the goueinours of ci riftian countryes take in old tyme, when chr.ftiaii Emperors did florifh,and u hach rt mnyned foe a law and prehdenc euer fince fo al pul^eray, Andifweioynethis with the cihtr oihes be- fore fet downe in the fift chapter, which Emperors and kings did make thcmfclues (viKo their ecclcfiaftical Prelates^ arthe^rfiifi: admi(ij6)about this poinr;vve fhouldlee ro- thing was fo much refpcfted in admiiffion of a princejOrGouernor (noronghtto be) as reli- gion, for that ('as 1 haue faid be fore) this is the chieftft5greattft5& hightlt ende, of eucry com- jnon wealth , entended both by God andna- ture^toaffift their fubieds to the aiteyningof their fupei natural cnde, by honoring and fer- uingGod in thislife^and by liuing vertuoufly, for rharoihcrwileGod fhoold draw no other frutc Oi commodity out of humane commoa Yvcaithes 212 A Cancer once touching fuccefton vvcalthes,thcnofana(IembIy ofbrutifh crra- cures, maynreyned only and gouerned for to eacc drink and Hue in peace, as before hath bin declared. liovT But the end of man being far higher then dTa*s followerh that whar«focuer prince or vvant of ti^^ageftrate doth not attend with care to affift iciigion and heipe hisfubiedsto this ende,omitteth the gcftwtc*. fi^^ principal part of his charge, and com- mittcth high trcafon againft his lord and ma- fter, in whofe place he is, and confequently is not fitt for that charge and dignity, though he f hould pei forme the other two partes,neuer fo vvel , of temporal iuftice and valor in his perfon, which two other poynres do apper* teyne principally to the humane felicity and baferendeof mans wealepubliijue, and much moreofachrillian. tack of Heerof it infueth alfo that nothing in the ^e^che- vvorld Can fo iurtly exclude an hcyre apparent to^e^ra ^^^^ fucceflion , as want of religion , nor a%retcn. ^"y ^3^^^ ^^^f ^^^'^^^^^ iuftifie and clcare the confcienct of the commonwealth , or of par- ticulermen, that in this cafe fhould refift his entrance, as if they iudge him faulty in this pointe,which is the head of al the reft, and for which al the reft do ferue. You do remember that before I compared an heyre apparent vntoj a fpoufe, betrothed Vide w. only and not yet marryed , to the common J^^^-^j^*^^ wealth. Which efpoufalor betroihing,accor- ^ ding to al law both diuine and humane , may be broken t9 the cro'^m. T4rt i . C a p. I X. 215 he broken and made voyd much eafier and vpponfar Itficr caufes then an adual perft(5t varying may, of which our fauiour him- fclfefaid. Quos Deus cmtunxit homo mn fefe^ Math. 14. rat^ vvhomGo^harh ioyncd k|^xq4Tian fcpe- w^^^^'^*- rate, and yet fainft Paulc to the Corinthians dcicrnnineih playncly , thai if two gentiles marryed together in iher gtntihty , (which ^-^^-^^ roncdenyeth to be true mariage forfo tnuch as concerncth the ciuil contra<^i:)and afterward the one ofthc be ing made achnftia, iheoihec vvil not hue with h'm or hei , or if he do, ye£ not without blafphcmingrf God & tempting him tofinne: in this cafe (I fay) the Apoftlc tcacheth,and out of him the canon law fet* teth it downe for a decree, that this is fufficict ^j^,^ to break & diflohjc vticrly this heathc mariage, crct although cofummaic betwene thefe two ^^^-^1^^^^ ties, and that the chriftian may maryagaine, and this only for the want of religion in the otherparty, which being fo in adual mariage alredy made and colurnmate, how much more may it feiue to vndoe a bare b^rtroihing^ whic h is the cafe of aprciendtionly toa crowne ^ as before haih bin f hewed. But you may fay peihnpps , that faind wlifthei Pau'e fpeaketh of an infidel or heathen, ^^^^t^Tcl^^^ denyeih Chrift playntly , and vvirh whom bcinfidc- the other party cannot liue, without danger ^"y- of finne and leefing his fayth, vvi ich is not the cafe of a chriftian Prince though he be fbmevvhat different ftom mc in religion, to which 2 T 4 A Conference touching fuccefton which is anTwerd , that fuppofing rhei* is but one only religion that can be true among chii- ftians, as both reafonand Athanafushis Crede^ doth pUynely rcarch vs: and morcouer (eing, that to me t her can be no other fayrh or religio auaylable for rhy faluation then only that which I my felfe do beleeue/or that my cwne contcience mnft teflifie for me, oragainft me: certaineit is^that vnto me and my confciencc he which in any pointe bcleeueth otherwife then I doj a^jd ftandeth wilfully in the fame,is anmfidel/orthathebeleuethnot that which in my fayth and confcience , is the only and folerruth, wherbv he mnft befaued. And if our fauiourChtift him felfe in his gofpell, doth vvil certayne men to be held for heathens, not ■ fo much for difference in fayth and religion, as i for lack of humility &obediccc to thechurch: how much more may I hold him fo, that in my opinion is an enimye to the truth , and confe qnentlyfo long as I haue this opinion of him^ albeit his religion were ncuer fo true, yet fa long (I fay) as I haue this contrary per(walion of him, I fhaldo againft my confcience and finne damnably in the fight of God, to preferr : him to a charge where he may draw many ; other to his owne error and perdition, vvhcrih Hovrhe^ I do perfwade my felfe that he rcmaytieth. sgaynrt^ This doctrine /"which is common among hisovvne all diuinesj is founded vppon that difcourte of finrcth^ S. Panic to the Romans and Corinthians, Rom. 14. againft fuchchriftians as being inuited to the ft 10. banqetcs tothccYOTt^e. Tart i. Cap. IX. iij banquetts and tables of gentiles and finding meatesoffred to Idoles (which themfclues do iudgcto be vnlawful toeaiej didyetcate the fame^boih to the fcandal of ether infirme men ther prefent^as alfo againft their owne iudgmet andconfcience, which the Apfi^ftel faith was a damnable finne, and this not for that the thing in it felfe was euel or vnlawful^as he f he- WCth,buiforthattheydidiudgeitfo, and yet did the contrary. Qt^i difcerntt ft manducauerit, ddmndm ejl, faith the Apoftle. He that difcer- ncth or makcih a dijfference bciwene this meat and othcrs,as judging this to be vnlawful! and and yet cateth the fame, he is damned, that is to fay hefinncth damnably or mottally.Wherof the fame Apoftle yealdeth piefently this reafon. Quianonexfidey fot that he eareth not according to his faith or belecfe, bnt rather contrary, for that he beleuing it to be euel and vnlawful, doth notwithftanding care the fame, and heerc - vppon S. Paul inferreih this vniuei fal propofi- tion, Omneatitem quod non ejl ex fidepeccatum ejt, al that is not of fayth or according to a mans Sce >pp$ owne bcleefe , is finne to hym , for that it is 13^5 ^p^^^ againft his owne colcience,iudgmcf & beleefe^ s.chii. ' beleeuing one thine, and doine an other, and lemg our owne conlciencemuft beourwitnes cpiftoia. atrhelaftday, to condemne or dcliuervs, before I haue faid , he muft needs finne gre-inhunc * uoufty (or damnably as the Apoftle here faith) Yvhocommictethany thing againft his owne con- A 6 A Conference touching fuctepm - confcience, though oihenvife the thing yVerc not only indifferenc, but veiy good aUb in it felfe,for that of the doers part ther v vanteih no fnalice or wil to finnCjfcing he doth that which heapprehcndeth to be naught, though i^ it felfcic benot. ^\ How da- * ^PP^y ^^^^ purpof^ fpjf' grousto Ingland,and for the matter we hauc in hand, I prctTn7cr^^^™^ and hold , that for any man to giue of a con his helpe^confentotaffiftance towards the ma- ^^^^y/*^^*' king ofa king, whom he iudgeih or beleueth to be faultie in religion, & confequently would aduance either no religion, or the wrong, if he were iA authority, is amoftgreuousand dam- nable finne to him that doth it, of what fide foeuer the truth be,or how good or bad fo euer the party be; that is preferred. For if S.Paul haue pronounced fo abfolutely and playnly in ihe place before alleagcd^ that euen in eating ofapeece of meat, it is damnable for a man to difcerneandyet toeate: what may wethinke wil it be info great and important a matter, as the making of a king is^ for a man to diffemblc or do againft his owne confcience, & iudgmer, ' that is to fay , to difcerne and iudge that he is an infidel,or heritique,or wicked ma,or Aiheift orerronensin religion, and yet to further his aduanccment andgouerment ouer chriftians^ wherhcfhalbeableto peruert infinite, and to pnlldowne al honor &:(eruice dew vnto God. and whether he do this euel afcciwards or no: yet tothecrdim. TM i. Cap. IX. uy yetfhal I be guyltie of al this, for that kno- wing and perfuading my felfe, that he is hke^ or indifpofition to do it^yetfur feare , flattery carelefncs, kinred , emulation againft others^ Vaine pretence of title, lacke of zeale to gods caufe,or for other the like paflions or temporal refpeds, I do fauour further or footh him in his pretcceSjOr do not refift him, when it lyeth in.my povver^by al which I doiuftlymake my felfe^guyltie of al the euills, hurts, miferies and calamities both temporal and fpiiritiial, which afterward by his euel gouerment do or may cnfew , for that I knowing him to be fuch a one, didiiotwithftapding aflift his promotion. And thus much now for matter of cofcience, ^g^j^ft bur if we confider reafon of ftate alfo, and wifdom woidly poUicie, it cannot be bUr great folly ^ ouerfighc for a man of what religioh foeuer he preferrc be^topromotetoakingdome in which ^^^-^^^^q^^^. felfe muft line, one of a contrary religion toryidigii himfelfej for let the bargaines and agreements be what they wil, and fayre promifes & vayne hopes neuer fo great, yet feing the prince once made and fetled , muft needes proceede accor- ding to the principles of his owiie religion, it followethalfochat he muft come quickly to break with the other party ^ though before ht loued hym neuer fo vvel , (which yer per- bapps is ve!ry hard if not impoflible for two of different religions to louefinceilyj but if it were ai8 A Conference touching fuccepon were fo, yet fo many ielofiesjfufpitions, accu- fations , calumniations and other aucrfions muft needes light vppon the party that is of different religion from the Hate and Prince, vnder whom he liuet h, as not only he canoe be capable of fuch preferments, honors,charges, gouerments, and the like which men may de- ferue and defyer in their commo wealthes, but alfo he f halbe in continual danger and fubiecSt to a thoufand moleftations and iniuries, which areincident to the condition and (tare of him, that is not currant whith the courfe of his prince and realmc in matters of religion, and ib before he beware, hebecommeih to beac- comptcd an enimyeor backward man , which to remedy he muft ether dilfcmble deeply , and againft his ovvne confciencc make f hew to fa- uourandlet forward that which in his hart he doihdeteft('vvhich isthe greattft calamitie & niifcryofal other, though yet many lymcs not fufficient to deliuer him from (bfpition) or els to auoyd this cuerlafting perdition , he muft break withal the temporal commodityes of this life, and leaue the ben jfits v\ hich his coun- trey and realme might yeld him,and this is the ordinary end ofal fuch men, how fofc& fweet foeuer the beginnings be The con- And thcrfore to conclude at length , al this ofOic'* tedious fpeech (vvherwnih I feare me I haue whole wearied you againft my wil; feeing iher be fo ^ecch. great inconucnienccs and dangers both tem- poral tothecrol^ne. Vart i. Cap. IX. 219 poral and eternal, andiin refpe<5t both of God and man^of body and foulc, as hathe bin decia-* redjto aduance a prince of contrary religion, to the crowne.arid cofidering that in Ingland ther is fo great dincrfitie of religions, as the world knovveth, bcrweene thefe parties and facSlions, that haue to pretende or admirt the next prince after her Maieftie that now is : calling to mynd alfo rhe great liberty, fcope , and authority which the common wealth hath in admitting or reieding the pretenders vpon dew confide- rations be ther right of facceflion neuer fo playneor deare, as before hath bin fhcw^ed: and laying finally before our eyes the manifold and different adl:es,of chriftiam realmes, before mentioned in this affaire, al ihes things (\ fay) being layd tognher,* you may (ec whether I had reafon at the beginning , to thinke and affirme,that it was a doubifulcafe who fhould be our next prince after the Queenes Maieftie that now fitteth at the fterne,and if beyond and aboue al this that I hauefaid , our frend the common lawyer hcere prefcnt, f hal proue alfo Cas at the firft cnjterance he promifed)that amog fuch as do or may pretend of the blood royal at this daye, their true fucceflion and next pro- pinquity by birth is alfoincerrayne anddifpu- table, then is the manci madether-by muxrh more ambigious,and God only l^ u that he x^ould take in hand this matter voith the fame afeueration andproteHation y wth the Ciuilian in fome cccafionshad "vfed before him y and it liked a^ltn of him vpel^ to voit, that hauing to fpeak in this ^^^^ll difcourfe of many princes ^peeres , and nobles of the royal blood of Ingland (to al vphich by mo of nit we equity andreafin he faid that he bare THE PREFACE he hare Yeuerent honor and ref^e5t ) And to dif- cuj?c their feueral pretentions yrighteSyintere-- Jles and titles tothecrovpne^he [aid y that hu meaning vo^^to off id, hurt -or preiudice none: vor to deter my ne any thing re jointly in fauor or hinder mce of any oft heir pretences or clay^ tnes, ofv^hat fide,family,fa5iion^ religion y or ether party foeuer he or J he xcere^ hut rather flaynly and indifferently soithout hatred or partial affection > to or againjl any y to lay do^nejtncerly vohathehadhard or reade, or of bimfelfe conceaued^ that might iulUy he aU leaged in fauour or disfatiour ofeuery tytler. And fo much the rather he [aid that he vpould do thiSy for that in very truth the Ciuilians fpeech had put him in a ^eat indifferecy^^ con- Why the cerntng matter offuccefsw, had takeout of dlL"^' /^^ head many fcrupulofttes about nyfe points of wync of neernes in hloodjoj the many examples rea- titic.^^^ fonsthat he hadalleagedof the proceeding of ChriHian comon voealthes inthis affayre^pre- ferrtng oftentymes him that xva^ further of in hlood,vppon other cofideratios of more xvaight i importance, which point feemed to him to hauebtn fo euidently proued ^ as no man can deny it & much leffecodene the fame^ voithout the mouenieces before a/kaged& metioned, of calling OF THE n. PART. cfc ailing al in doubt that mvp is ejlahlifhed in the rvorld, confidcring th^t mt only forainc^ countries y hut Ingladalfoitfelfe fo often hith 'vfed the fame putting hack the next tn hloodc* VVherfore he [aid, that for oi much a^s com- tnonvoealthes.andtheconfent.vpil, and deftre cfeach realme wa^ proued to haue high and foueraine authority in thU affltyre , a}7d that as on the one ftde.nerenes of blood vvas to be re* fpelfedfo on the other ^ ther related net fundrj considerations circumftaces of as great mo- ment as this, or rather greater Jor that ofien^ tjmes thefe conjiderations had bin preferred before neernes of hlood.as hath byn declared^ Ida not knovo quoth he, who of the pretenders may next ohteyne the garland^vphat foeuer his right by propinquity be,fohe haue f me (as I thinke alhaue that do pretend) and ther fore I meane not to fand vppon the iufiificat 'ton or impugning of tny one titlejout rath er to leaue al to God and to them^ that muflone day try iudge the fame in Inglad,to vohome Ifuppofe thu fpeech ofmyne, can not be but grateful commodious for the better vnderfanding(^ \ dtfccrningof thofe matter s ;^her of of nece fit j er it belonge they mujl be iudges vmpireSy vphen God fbal appoint , and confequently £lj for them THE PREFACE OF THE 11. PART. for them to he igmmnt or v^aquamted vs>ith the fame {as men fay that commonly mofi in Jngland at this day are ) cannot he hut very in* conuenient and danger om . In this manner he Jpake, and after this he began his difcourfe, fetting doxpne firft ofal thefundryhookes and treati/esr^hich he vn- Aer flood had bin made or voritten hitherto af thisafaire^* OF THE I OF tVie divers AND TREATISES THAT HAVE BIN WRITTEN lomtofore about the titles of fuchas petjvd ra thecroT^ne of Ingland,and 'J^hatthey do contej/ne tn fatiour or dtsfmour of fundrypreteudors. Cap. I. C c o R p I N G to the variety of mens iudgments and afFe-» dions in this behalfe y Co faid the lawyer , that diuers had written diuerfly in lundry _ _ — bookes & treatifes that had come to hghr, & went among men fro hand to hand though al were not printed. And firft of al he faid, that not long after her maiefties com- mingtothecrowne, therappeered a certaync boo ke written in the fauour of the houfe of SufFoike^andefpeciallyof tlie children of the Earle of Hartford by the Lady Catheiin Gray^rhcbook which booke offended highly the Queenc and nobles of Ingland and was afterwards found Nicholas to be written by one Hales furnamed of ^he^^^on. cIubbfoote,vvhowasclarkeofthe hamper, & $ir Nicholas Bacon then tord keeper was pre- fuined a A Confaence touching fuccefwn fumedalfotohauchad a principal part in the lame, for which he was like to haue loft his office, if Sir Antony Browne that had bin chcef iudge of the comon pleas in Queene Ma- ries tym? would haue accepted therof, when her M^ieftie ofFc ed the (ame vnto him, and my Lord of Lecefter earncftly exhorted him to take ir,but he refiifcd it for that he was of difFerct re- ligion from the ftate, and fo Sir Nicholas Baco remayned with the fame at the great inftancc of Sir Wilham Cecill now Lord TrcaforerjWho though he were thought to be priuy alfo to thefaid booke, yet was the matter fo wifely laid vppon Hales and Bacon^as Sir William was kept free, therbyto haue the more authority and grace to procure the others pardon , as he did • The but The bent and butt of this book , was ( as I of Hales hauefaid) topreferrthetirleof the Lady Ca- ^ thcrin Gray daughter of the Lady frauncis Duches of Suffolk which Frauncis was daugh- ter to Mary the yonger daughter of King Henry the.feucnth, before the title of the Queene of Scotts then lining &:of her fonne, which were difcendedofLady Margeret cldeft daughter of the faid king Hery. And the reafons which this ! book did alleage for the fame were principally Fifft rca-t^o^jhefirft.ihatthelawesof Inglanddid not admittany fttainger or allien to inherit in In-J gland.to wit, any fuch as were borne out of ihealleageancc of our realme (for fo are the wordcs of the law) and for that the Queenej ofScotti u the cr^Dpne. Vdrt i. Cap. I. ofScottsand her fonnc are knownc ro be (o borne, iherforethey could not fucceed, and confcquently that the houfe of SufFolck des- cended of the feconddaughter^muft enter in ther place. Thefccond reafon is , for that ther isgiuen ^.^^^n authority to king Hery the eight by two (eue- raladlsofparlamentinihe 28. and yearcof i his reigne to difpofe of the fuccefljon by his ' laft will & teftamentj as he f hould think bell^ among thofe of his kinrcd that did pretend I after his children, and that the (aid king accor- ' ding tohiscommiflion, did ordeynerhai if his ^ owne children did dye without iflue, then the [ of-fpringof his yonger (ifter Mary that were ^ borne in Ingland fhould be preferred before I thcilTueofthe elder that was Margaret mar- i ryed into Scotland, and this was the efFeil^of I this firft book. I Againft this booke were vvryten two other ^^^^ f fooneafter,ihe firft by one Morgan a diutnc (\f bookc o< \ I remember vvel) (bme tymes fellow of Oriel ^j^^ I College in Oxford, a man of good accompt for mdgc learningcamonge thofe that knewhym, & he^^^^'**^* was thought be haue written the faide book, by the aduife and affiftance of the forfaidc . ludge Browne, which thinge is made the more credible^by the many authorites of our comoa lawvvhichrherin arc alleaged,and the partes of this booke (if I forget norj were three , or rather they v\ ere three bookes of onctreatile, the firft wheruf dyd take vppon it to cleare the faide 4 A Ccnferenee touching fuccepon faideQueene of Scottesfot the murder of the lord Datly her huf band , which by many was laydeagainft her. And the fecondedyd handle her cycle to the crowne of Ingland : and the third dyd an(vver the booke of Ihon Knox the Scott, intituled yagainjl the monjlfmus gouerntent cflt^omen, Of^l which three pointes, for that thefecond that conferneih the tytle, is that which properly appertayneih CO out purpofe, and for that the fame is handled agayne and more largely in chefecond booke fee out not longe after by Ihon lefley lord bifhopeof Rode in Scotland, who at that tyme was Embalfai dor for the (aide Qoeene of Scottes in Ingland, and handled the fame matter more abundantly which M.Morgan had donne before hym, I fhalfaye no more ofchis booke of M. Morgan^ but fhal palle ouer to that of the bifhopc, which in this point of fucccllion conteyneth alfo what foeuer the other hatKjfo as by decla- ring the contentcs of the one we fhal come alio to fee what is in the other. The intent then of this book of the bifhopC of Rode, is to refute the other booke of Hales and Bacon,and that efpecially in the two points before mentioned , which they alleaged for their principles, to w itt , about forrayne birth, Anfvv r ^" ^ ^^"8 ^^"^^^^^ teftament. And agciinft the to"Jie^x. firftof thefe two poinces thebifhop all^ageth icafon. many proofcs that ther is no fuch maxima in the comon lawcs of Inglaod to difherit a prince borne out ofthc land from his or her right of fucccdion^ td the croT^ne. Vart i. C a p. 1 . 5 fucceflion, that they haue by blood. And this firft, for that the ftatuie made for barring of aL liensto inherit in Ingland (which was in the a J. yeare of the reignc of king Edward the ihirdj is only to be vnderftood of particulcr mens inheritance,and no waves ro be extended tothefucceffion ofthe crowne, as by compa- rifonof many other hke cafes is declared: and fecondly for that ther is exprefle exception in the fame ftatute of the kings children and of fpringrand thirdly for that the pradifc hath aU Wayes bin contrary both before and after the " conqueft, to wit that diuers princes borne out of the realme haue fucceded. The other principle alfo concerning king^^ Henryes teftament^the bifhop impugncth^firft^-tcafon. by diuers reafons & incongruities wherby it may be prefumed that king Henry neuer made any fuch teftament J and ifhe did, )et could it not hold in law. And fecondly alfo by witncs of the Lord Paget that was of the pruiy counccl in thofe dayes^Sc of Sir Edward Motitague lord chiefc iuftice^and of one William Clark that fet the kings (lamp to the writing, al which auowed before thecouncel and parlament in Qucene Maryes lyme , that the faid teftament was figned after the king was paft fenfc and memory. And finally the faid bifhop concludcth that the line cf Scotland is the next euery way, both in refpedof the houfe of Lancafter^and aUo of York /or that they are next heyjres to K.Henry the ^ A Conference touching fuccefton the eight, who by his fiihervvas heyre ro the houfeofLancafter, and by his mother to the houfcofyoik. Heghing- Bur afcci rhefe three bookes, was written a boilc f^^^^h, by one Robart Highhnon fecretary in lycnepaft tothe Earle of Northumbeiland , a man wel read in ftorycs and efpecially of our coucrey,who is (aid to be dead Ibme yearcs paft in Paris.This man impugneth al ihree former bookesin diucrs principal points and drawerh the crowne from both their pretendors , I meanc as wel from the houfe of Scotland as from that of Su{Folk,and firft againft the booke of Hales and Sir Nicholas Bacon, writen (as hath bin faid) in fauour of the houfe of Suf- folk Heghington holdeth with the Bif hop and Morgan that thes two principles layd by the other, of forayne biitb,and of king Henries te- ftamcnt againft the Scotif h hne , are of no Va- Iidity,as nether iher reafons for legittimating of the Earle of Hartfoids children^vvhich after- ward fhalbe handled. A nd fecondly he is againft bothe Morgan & thcBifhop of Rofic alio ip diuers important . points, and in the very principal of al , for that this man ("Imeane HighingtonJ maketh the king of Spayne to be the next and moft righful pretender by the houfe of Lancafter, for proofir y vherof he holdeih firft that king Henry the 7. had no title in deede to the crowne by iacafter, butonlyby the houfe of York, thatis to faye, by his marriage of Queenc Elizabeth elder dau^httj Uthecrtlipne. Tart i. Cap. II. 7 daughrcr CO king Edward the fourth , for that albeit himfelfe were difcended by his mother from lohn of Gaunt duke of Lancafter, yet this was but by his thfrd wife Catherin Swyn- ford,and that the true hey res of Blanch his firft wife duches and heyreof Lacafter (to whom fayth he appcrreyned only the fuccelTio after the death of king Henry the fixth, and his fonne,with whom ended the hne male of that houfe) remayned only in Portugal by the ma- nage of Lady Phillip , daughterof thcforefaid Blanch, (okingelhbn the firft of Portugal, & that for as much as king Phillip of Soaine faith this man^hath now focceded to al the righte of the kings of Portugal, to him appertayneth nlfOjihe only right (ucccffion of the houfe of Lancaftcr,and that al the other difcendents of king Henry they, are to pretend only by the title of Yorke, I meane afwel the line of Scot- land as alfo of Suffolk and Huntington, for that in the houfe of Lancafter king Phillip is cuidently before them al. Thus holdeth Heghington,aIlcaginge di- ucrs (lories arguments and probabilities for the fame,& then adioyncth tw o other propo* fitions, which do importemoftof al, to wit, that the title ofthe houfe of Lancafter was far better,then that of York, not for that Edmond Crokback firft founder ofthe houfe of Lanca- fter, who was fonnc to king Henry the third and brother to king Edward the firft , was cldeft to the faid Edward and iniuriouftv put R back 8 A Conference touching fuccef tort back for his deformity in body,as both the faicl Gfor^c^ bjfhopcf Roirc and George Lylly., do falfly fin/t'pir. ho!d,andthismanrcfuteth byimany goodrar- chronic. gumcnis, but for that lohn of Gaunt Dukc of Lancafter being the eldcft (onne that King Edward the third had a liue when he dyed^ fhould in right hauc lucceded in the crowne as this man holdeth,and i hculd haue bin pre- ferred before Richard the fecond that was the blackprincesfonne, who was a degree fur- ther of from king Edward the third his grand- father, then was lohn ofGaunt,to whom king Edward was father, and by this occafion this man cometh todilcufTeat large the opinions of the lawyers, whether the vncle or the ne- phew (hou Id be preferred in the fuccefTion of a crowne,to vvit,vvhether the yonger brother or the elder brothers (onne, if his father be dead without being feafed of the fame(whicli isapoint that inthe ciuil law hath great dif- putationand manygrear authors on each fide as this man fheweth j and the matter alfo wan- teth not examples on both paries inthe fuc- ceffion of diuers Inglif h kings,as our frend the ciuil lawyer did fignifie alfo in his difcour[e,& vye may chance to hauc occafion to handle the rameagayhe,and more largely heerafter* Thefe poynres toucheth Highinro thoughe diuers other heleaue vntouched,vvhich are of much importacefortherefolufion,as whether after the lyne extinguifhed of kinge Henry the 4. which was the cldeft fonnc of Ihon of Gant U the'crol^ne. Part 1. Cap. I. 9 Cant, ther fhould haue entered the line of lady Philippe the eldeft daughter lawfully be- gotten of Blanch firft wyfe of Ihon of Gant^or Sundry els the race of Ihon Enieof Somerfett yonger y/^*^ fonne by his third wyfe, which then was bafc borne, but legetimated by parlament, for of Ph illip dd come the kinges of Portugal, and of Ihon came king Henry the feuenth. And againethefepointeshad byn to be difputed as vvel touching the fucceilion to the dukedom of Lancafter alone ^ as alfo to the crowne * ioyntely,all which article's fhal feucrallyafter- w^ard be handled in ther places^ and thus much ofthisbooke. More then thefe fower bookes , I haue not Diucr* fcene vvirtcn of his affaire, though I haue hard ^^^^^J^^^ ofone made in Flanders in the behalfe of thcpam- DukeofParma,that isnow, who by his mo- P^^^^* therdiicendeth of the fame line of Portugal^' that the king of Spaine doth J and as this book pretendeth fifwerefped: the ordinary courfe of Inglifh lawes in particuler mens inheri-^ ranees) he is to be preferred before the faij king,or any other of the howfe of Portugal fot that his mother defcended of the yonger fonne, and the king of the dderdaughter , of the king of Portugal : and albeit according to the law of Port ugal the king was adiuged next heyre to that crowne, yet fay they by our lawes of Ingland he cannot be, which after muftbc examined. Thus fayth that book , and he alleageth R 1 many 10 A Cmferencetmhlngfuccepon many reafons for the fame , as it haih bin toM tne(forasIfaidIneuercamc tohaue a viewc of the whole baoke) but diuers of his argu- ments I haue feenelaid together, which I i hal afterwards in place conuenient alleage vnro you , with the anfwcrs ccnfurcs and replies that the contrary parties do make therunto. Diners other papers notes and memories I haucfecnealfo (faid he) as wel touching the fucceffionof thofe whom I hauenamed asof Sir Bi- othcrSjfor that Syr Richard ShelljfVKho dyed fomc sh\t yc^f^s ^ g^"^ Venice^, by the name of Lord ^ prior of S.Iohns of Ingland, had gathered diuers points touching thefeafFayres: & many Franc Pc- ^^^^ ^^^^^ M.Francis Peto that dyed in tQ. Millan,and was a vety curious and wel readen man in genealogies, as may appeare by fundry papers that I haue feeneof his. Their want not alio diuers in Inglad who haue trauailed much in this bufines, and I haue had the perufing of fome of their labors, though I dare not dif- coucr ther names left thcrby I fhould hurt ihcm, which were not conuenient. But one great trouble finde I in them al,that cuery man feeketh to draw the whole water vnto his ownc mill, and to make that title alwayes moftclere^whomhemoft fauoreth , and this with lo great probability of reafon and autho- rity many ty mes, as it js hard to retayne a mas confcnt from that which is faid, vntil he haue read the reafons of the other party', and this alio is a great proofe 3 of the wonderful ambi. guity to the cfd^m. Tdrt i. C A p. 11. 1 1 biguity and doubtfulncs which in this moft imporcant affaire is to be founde. And by the way alio I had almoft totelyou,howrhatoflateI haue lighted vppoiialfcof accrraynenewdircourfeandtrearile, made intlieinftta the behalfe of the king of Spaines cldeft^ daughter, whom he had by his wife, Ifabel the eldelVfilhrpf chelaft king of France, which Ifabel and her daughter the infanta of Spaine called alfo Ifabel,are prefumed to be the lawful ^jeyrcs to the (late of Britany,and to al other ftates that by that meanesofBritany or other- wife by women haue come to France, or haue or may fal vppon a woman of the houfe of France,as the ftates of Ingland and other ftates therunto annexed may,for that they follow not the law falique of France, and fo this treanfc proueth thacby diuers vvayes and for fundry confiderations, this princeifeof Spaine is alfo ofthe blood royal of Ingland, and may among others be intituled to that crowne , by a parti* culer title of her ov\ ne , befide the pretence which her father the king or her brother the prince ofSpayne haue for them felues, by the houfe of Porti]gal,al which rcafons and con* {ideratios Ifhalalleage afterward in ther place & tyme, or at Icaft-wifc the chiefe& principal of them. And to the end they may be vndeiftoode the better, as alfo the clearncs and pretentions of al the reft that haue intereft in thisaffayre, I fhalfirft of al for a beginning and foundatioi> R 5 toal I t A Conference mchlng fuccefiom to al the reft that Thai or may be Ipokeii heer- after, fee downe by way of hiftorical narration^ al ihe dilcents of our Inglifh kings and pre- tenders ihar maye important lo this bur purr Eofe,from iheconqucft vnto our tyme,vvhicb eingcopared with the tree it fclfe ofgcnealoip gies that f halbc added.in the end of^ this confer rence,vvil make the matter more playne and plea fant to the reader^ OF THE SVCCESSION OF THE CROWiME OF ING- f.AND PROM THB CON QJ^ EST V N T Q the tyme of king Edi^ard the thtrd,Ti^ith the begins nmg of three prm'ifallinages of the Enghfh , blood TojfAlydifper fid into the houfes'of J^ritameLancaflcrand Cap. II- Difcent "^TO man is ignorant faid the lawyer how hamthc William the Conqueror came to the conquc. crownc of Ingland, which was in deed by dyne Qf fword, though he pretended that he was chofen by the will and telhment of king Edward the confcffor. But howfoeucr this Wcaie,his pofterity hath indured vntil this day and two and twenty princes of his race hauc vvornc the Inglifh cr»3Wiie after him , for the fpace of more then y^hundreih yearcs,and how many more may yet do the fame, God only kuoweih: but if vvc follow probability » wc ( cannot u the ao^ne. Tart i. C a p. I T. i } cannorvvant of chem, (cing his blood is fo di- perfcd ouer the world ac this day^as by this de- claration enfewing vvil appeare. This king William according to Polidor The chll. and other chronicles of Ingland , had by his vvyf Mathilda daughter of Baldwin Earle ofqucrot. Flanders/ourcfonnes, and fiue daughters^ his p^jj^ j ^ eldeftfonne was Robert whom he Itfc duke in fincj of Normandie, who was afterward depriued^^.^^^^^'^ of that dukedomeby his yonger and fowerthiui brother Henry , wh<^n he came to be king of Ingland. His lecond fonne was Richard that dyed in his youth, hisrhirdwas VVjlliam, (ur- named Rufus, for that he was of redd heare, and the fowerth was Henrv, which two laft* fonncs, were both kings of England^onc after theorher,asthe world knoweih^bv the names of WjHiam the fecond^and Henry the firft. The Conquerors daughters were firft Cc- cilie that was a Nonne, and the fecond Con- ftanria that was marryed to Alayn, furnamed fcrgantduke of Britanic, and the thiid was Adelaor Alis marryed to Stephen countie Pl- latineof Bloys, Champagne, and Charrres in France,and the other two Poiidor faith, dyed before they were marryed, and To their names were not recorded. ^* Thefc arc the children of king William the Thcmu Conqueror, among whom after his death iher Series of was much ftrife about the fucceffion; For firft b jlr and' his eldeftfonne duke Robert, who by order Df anccftric by birthc f hould hauc fuccede'd R 4 himjn 14 A Conference touching fuccefm^ him in al his eftares, was put back, firftfrom thekingdomeoflnglaiidjby his third brother WiUiam Rufas, vppon a pretence of^the Con- querors vvil and teitament , for pciticuler affe- ction that he had to this his faid third fonnc William, though as Stow writerh, almoft al Stow In the nobility of Inglande were againfl: Willias P^"^' entrance. But in the end agreement was made between the two brothers , withe condition that if William fhould dye without ilfue, then that Robert fhould fucced him, and to this ac- cord, both tiie princes themfelues, and tweluc principal pecrcs ofech (idevvere fworne, but yet after when William dyed without ilTuc, this was not obferued, but Henry the fourth fbnnecntred, anddepriued Robert, not only of this his fucceflion to Ingland, but alio of his dukedome of Normandic,that he had enioyed peaceably before, al the tyme of his brother Rufus, and moreoutr he tokehim prifoner Sc fo caryed him into Ingland, and ther kept him vntil his death,which happened in the caftle of Cardif in theyeare 1134. William And whereas this Duke Robert had a ^ukcRo g^^^b'P^^"^^^^ ^^"^^^ lonne named William, btiu who was duke of Normandy by his father, & earle of Flanders in the right of his grand mo- ther, that was the Coquciors wife, & daughter of Baldwin Eavlc of Flanders as haihbin faid, and vvaseftabiirhedinboth ihefeftatesby the hclpofLewysthe<5.furnamcdic gros king of Francc,and adiiiitted to do homage to hy m for the t^thetro^ne. Van i. Cap. II. ij the faide ftatcs,his vncle king Henry of Englad Nvas fo violent againft him, as firll: he draue him out oftheftate of Normandy, andfecondly he let vp and maynteyned a competitor or two againft him in Flanders, by whomc finally he was flainein the year^ of Chfift i iiS . beforc^^j^^^ ^ the towneof Aloft, by an arrow » after he had cap.42/ gotten the vpper hand m thefeild,and (o ended theraccofihefirft fonne of king William the Qonqueror, to wit of duke Robert, which Robert lined after the death of his faide fonne and heyre duke VVilham , fix yeares in prifba inthecaftelof Cardife and pyned away with forrow and mirerie,as both the Frencheand IngUfhe hiftories do agree. The fecond fonne of the Conqueror named Richardjdyed as before haih bin fayde,in his fa*, thers ty me, and left no iflue at alas did neither the third fo.nCjWilIia Rufus,though he reigned ^^^^ 13. yeares after his fatherrhc ConqueroV, in vvuiiam which lyme heeftabhfhcd the fucccffioofthe ^*"^*- crowne by confent of the ftates of Ingland to his elder brother duke Rqberts iftue, as hath i bin faide,ihough afterward it wasnotobferued. This Kinge Rufus came to the crowne prin* cipally by the help and fauour of Lanfranm Archbifhop of Canterbury, who greatly repea- ted himfelfe afterward of the error which in that point he had commitced,v pp5hopeof his good gouerment which proued extrecme euel. But this king William Rufus being flayne afterward by the crrorofacrofbcw^, in ncw- R ) foreft j6 A Conference touching fuccefton foreft asis vvelknowne, and thisat fuch tymc as theforefaid duke Robert his elder biothec ( to whom the ciovvne by fucccflion appartey- nedj wasabfentin thevvarr of the holy land, vvher (according as mod authors do writ} he Tanri- vvaschofen king of Hicrufaleir., but refufed jnottaLiit vppon hope of the kingdome of Ingland. acl moa. returning home,foude that his fuyverth do. brorherHcnry , partly by fayrepromifes, and partly by force had inuaded the crowne,in the yeare i lOo. and fo he reygned jf.yeares, and had iffuediuers Tonnes and daughters , but al were eitherdrowned in the feas comming out f^^ff ' ofNormandie , or els dyed othcrwife before Hcaiicii. their father, except only Marhildis who was firft marryed to Henry the Emperor, fife of that name, and after his death without ifTue, to Geffrey Platagenet duke of Anjow, Touray ne, andMaynein France^by whom ihe had Henry vvhich reigned after king Stephen^by the name of Henry the fecond, and thus mu'cli of the fonnes of William the Conqueror. Thc^ Of his twodaugtiters that lyuedro be ma- faoufcof ryedandhad iirae,the elder named Conftnncc by"t^jeL> maryed to Alayn fergat duke of Britanie, elder who was fonne to Hoel earle of Nantes , and fftwc"^ was mide duke of Britanieby William Co- Couquc- querors meanes, irt manner follovviug, Bcifor.f.j Otike Robert of Normandy fa'th-er to the pig 423. Cbhqueror, vvhc'nhewent in pilgrimage vnto rhcholyland (in vvhich voyage he dyedy left forgoucrnour of ^Kormand/, vnder the pro- tediou uthtm^ne. ?dYt 2. Cap. IL 17 tei^ion of king Henry the firrt of fran ce, duke Aliiyne the fiill of Bncanie, which Allayn bad iflue Conan the firft,vvho being a ftirringc prince of about 14. yeares old v\hen duke William began 10 treat of pafling ouer into Ingland , he fhewed himfelfe not to fjuour 'much that entcrpnfe , which duke William ^^^^^ fearing , cauTed him to be poyfoned with a Duke of payr« of perfumed gloucSjas rh^ French ftorics Botanic do report, and caufcd to be fet vp in his place ^yvvii- add made duke, one Hoel earle of N^iotcs, i^an^Coa who to gratifie William fent his fonne Alaine ^^^^^ furnamed Fcrgant wirh jcoo, fouldiars to palle £>uer into Ingland with him, and fo he did J Sc William afterward in recompece heer-of gauc him hiseldeftdaughterConftantiain mariage with the earldome of Richmond , by whom hchadilFue Conan the fecond, (urnamed le groswhohad ilFuea fonne and a daughter. The fonne was called Hoel, as his grand father Was, and the daughters name was Bertha mar^ ryed to Eudo EarieofPoihet in Normandy , & g^j^^^ j for that this duke Conan , hkcd belter hiscap.iz. daughter and his fonne in law her huf band ^"^^^^V then he did Hoel his owne fonne, he diiauo-nic dio. wed him in his death bedde, and made Ijis faid daughter his heyre ; who had by the faid Eudo, a fonne named Conan furnamcd the yonger , which v\2s the thud duke of that name,and this man had one only daughter and heyre named Lady Coilftancevx ho whas mar-* fycd to -the thud fonne of king JHcrry the fecond is A Conferme touching fuccef ton fecond named Geffrey & elder brother to king Ihon that after came to rayne & by this Lord Geffrey f he had iflfue Arthur the fecond duke of Britanie, whom king lohn his vncle put fcackfrom thecrowneofIn(>land , and caufed to be put to death, as after f halbe f hewed, and he dyifig without iifue, his mother Conftancc ducheife&heyreof Britanie, marryed agayne with a prince of her ownc houfe, whom after we f hall name in the profecution of this lyne^ and by him fhe had ilfue that hath indured vntilthis day, thelaftvvherof hitherto is the rhtLJ lady Ifabella infanta of Spaine , & that other tosoV Sauoy her fifter, whom by this meanes we Co ^incarcto hauc difcended from king VViUiam the Coqueror^by his eldeft daughter lady Coftanco toyaiof as alfo by diuers other participations of the iBglzni. blood royal of Ingland, as afterwards vvil ap- pears Thehou- Now then to comc to the (econd daughter fc of of king William the Conqueror,or rather the third (for that thefirftofal wasaNonnc as be- fore hath byn noted) her name was Adela oc Ahsas hath bin faide,and fhevvas marryed in France to Stephen counte Palatin of Cham- pagne Charters and Bloys, by whom fhe had a fonnecalled alfo Stephen , who by his . grand mother was carle alioof BollayneinPicardie, andafcerthedeathof his vncle king Henry of IngUnd,vvas by thcfauourofthe IngHfh no- hihty,and efpecially by the hclpe of his ownc ^ brother the Lord Henry of Bloys, that was ^ Bifhop UtUm'r^ni. T4rt i. Cap. U- if Bifhop of Winchefter and ioinily Abbot of Glaftenbuiy,maclekinge of England , and this both in vcfpcd that Mathilda daughter of king Henry the firft was a woman , and her fonne why Henry duke of Anjou, a very childe,& one de- vvasad? gree farther of from the Conqueror and from mitted kings Rufus then Stephen was, as alfo for that ^^^^ this king Henry the firft (as hath bin fignified befor«jvvas iudged by many to hane entred wrongfully vnto the crowne, and therby to haue made both himfelfc and his pofterity in- capable of fucceflionby the violence which hevfedagainft bothhis elder brother Robarr, and his nephew duke William , that was (bnne and heyre to Robert who by nature apd law were bothe of them held for foueraintes to Iohn,by thofc thatfauored them and their pretentions. But yet howfoeuer this were ^we fee that the dukcof Dritany , that liued at that day, fhould ^ll^^f^ euidently haue fucceded before Stephen , for that hewasdifccnded ofthe elder daughter, of the Conqueror, and Stephen of the yonger, though Stephen by the cornmodity he had of the necrnes of his portc and haucn of Bullaync vntoIngland,asihc French ftories dofaye (fot Calys was of no importance at that tymejand by the frendf hip and familiarity he had gotten in Ingland during the raigne of his two vncles king Rufus and king Henry ,and efpecially by the heip of his brother the Bi( hop and Abbot as hath bin faid, hegaiiheftartofal the reft, an4 io A Confer end touching fucceftM and the ftacesof Ingland admitted him. The iflUe This man ahhoughhc had two fonnesns- sfephcQ. niely Enftachiusdute of Normandy, and Wil- liam earle of Norfolk ^ yet left they no iflue: And his daughter Marie was maricd toma- ihewof Fladers of whom ifariy ifFueremaines, it fell afterward vppon thehoufe of Auftria^ that fiKceded in thofe ftares. K Hen To kmg Stephen who left no ifTaefucceded thci. t>y compofitio after muchwarre Hcniyduke of Anion, fonne and heyrc to Mathilda before named, daughter of Henry the fiift, W'hich Henry named afterward the fecond,tooke to Bclfbr.I a wife Elenordaoghrer and heyre of VVilliam cap. 50. dukeof Aqiiitaine , & earle of Poytiers^ which GcraVd.V. Elenor had bm marryed before to the king of « pj>g-549 France Lewis the 7. and bare him two daugh- ters, but vppon didike conceaued By the one agamft the other, they were deuorced, vnder preiece of being within the fowerth degree of conlanguiniryc , and fo by fecond marriage Elenor was wife to this faid Henry who after- Ward was king of Ingland by r>ame of K.Henry the fec6d,that procured tbe deathe of Thomas Becker nrchebifhope of Canterbury, and was both before and after the greateft enimye , that ciier Lewis the king of France had in the world, and much the greater for his marriage, by which Henry was made far ftroneer, for by this woman he cartie to be dukeof al Aqui- taine,th?ir isof Gafcony and Guyene, and cailc ofalchc coutrcybf Poy tiers, wheras bcforealfo nthuroT^nt. Van t. Cap. 1 1- it fcy his fathers inhciirancc, he vvasdukehoih of Anjou,Touraync,and N/laync,& by his mo- ther Mathilda king Henries daughter of In- gland hy came to be king oflngland, & dukc ofNormandie^ and by his owne induftry , he gat alio to be lord of Ireland , as alfo to bring Scotland vnder his homage, fo as he enlarged thekingdome of Ingland moft of any other king^before or after him. This king Henry the fecondas Stowrecon. f^e^^^ terh,had by Lady Elenor fyue fonnes and three iflbc^ daughters. His eldeft fon ne was named V Vil- 1^^^^ liam that dyed yonge , his feconde was Henry ci. whom hccauted robe crowned in his ownc life cyme, vvherby he receaued much trouble, but in the end this fonne died before his father Tvithout jfiTue. His thiid fonne was Richard futnamed forhis valour Cor who reigned King ^ after his father, by the name of Richard thcc^"^ firft, and died without iffue in the yeare of Chtift I J 99. Hys fov verth fonne named Geffrey, maricd lady Conftance daughter and hey re of Britanic^ as before hath bin faid , and dying left a fonne by her named Arthur , which was dukc ot Britanie after him , and pretended alfo to be king of Inglandjbut was put by it by his vnclc lohn, that tooke him alfoprifoncr, and kept him fo in the cartel firft offallaife in Norman- die, and then in Roan,vntilhe caufed him to be put to death, or fiewhim with his owne hands as Freeh ftories write-in the yearc 1 204. This Belfor.1.4 IX A Confetence touching fuccefm !*uc?Bcl. ^^^^ ^"^^ Arthur left behind him twofi* foicft, fters as Scow writeth in his chronicles, but others write ihat it was but one, and at lead Wife,l fynde but one named by the French fto- riesjwhich vvasElenor, whom they (aye king Bdfot.l.j lohn alio caufed to be muthcred in Ingland a «p.7»' a litle before her brother the duke was put to ' death in Normandie* andthiswas the end of the illuc of Geffrey ,whofc wife Conftance du-^ chelTe cf Britanie marryed againe after this muriherofher children, vnto one Guy Vicond Jap™ of Touars, and had by him two daughters, wherof the eldcft named Ahs was duchelfe of Britanie, by vvhotiiethe race hath bin contr nucd vnto ourtyme. K.iokn The fife fonne of king Henry the fecond anidhif was named lohn , who after the death of his * brother Richard by help of his mother Elenor, and of Hubert Archbifhop of Canterbury, drawen therunio by his (aid mother,gat to be king^and put back his nephew Arthur,vvhom king Richard before his departure to the war of the holy land had caufed to be declared hey rc apparent, but lohn prcuaykd and made away both nephew andNeece, as before hath bin faide, for which fail he wasdetcfted of many in the world nbroadc, and in France by a6le of parlamentdepriuedof al the Hates he had in thofe partes. Soone after alfo the pope gaue WifcYic* fentencc of dcpriuation againfthim, and his ^pdkllg ^^"^ barons tookc armes to execute the fen- tota. tcnce, and finally they dcpofed both him and his yong tdrhecro^ne. Part i. Cap. 11. i$ hisyongfonne Henry being then but a child of S.yeares old, and this in the i S. yeaie of his reigne^and in the yeareof Chrift 1 21 j.and Le- wis tiie 8. of that name prince at that ryme but PoIidH©! afterward knig of France, waschoftn king of stovv^i Ingland, &: Iworne in Londo and placed in the viti lo- Tower, though foone after by the fuddaine death of king lohn that courie was altered agayn^^Sc Henry his fonne admitted forking. And thus much of the fonnes of king Hery jf^^ thefecond, but of his daughters by the (simeofkmg lady Elenor heyrecfGafconyj Beiforeft in his JhczJiys ftory of France hath thefe wordes following, daugh- King Henry had foure daughters by Elcnor of ^^j^^r i ^ Aquirame, iheeldeft vvherof was marrycd tocap.49. Alonfo the 9. of that name king of Caftile , of which mariyage iffned Queenc Blanch mo- ther to S.Lewis king of France. The fecond of thefe two daughter:^- was efponfed to Alexis Emperor of Conllantinople. The third was mariiedto the duke of Saxony, and the fourth was giuen to the enrle of Tholofa, thus being the hench ftories of thefe daughters. Of the marriage of the eldeft daughter of thefe foure (whole name was Elenoralioas her ^-i^^ j^p^^ mothers was) wirh king Alonfo the 9.ofCa- of Lady ftilether proceeded many children, but only ^^^^^^ one fonne that lined, whofe name was Henry, ot rpain«, who was king of Caftile after his father, by the name ofHenry the firft, and dyed quickly vvuhour ilFue, and befidcs this Henty, two daughters alio were borne of the fame ma^ 14 A Cmfermce touching fuccefion riage, of which the eldcfl: and heyre named Blanch , was married by intercclljon of her vncle king lohn of Ingland, with the forelaii Pnnce Lewis of France, with ihi^ exprelicco- ?oUdor.Ldinon, as bothPohdorin his Inghrh ftoiy & joiian!^^ Ganbay the chronicler of Spay nc do affirme, Stephen that fhc f hould haue for her dowry al the fta- ^ilt^^i^^^^'^'^^ king lohn had loft in France, which weiealmoftalihat hchadthcrc,and rhis to the endjhe might not feeme to haue loft them by fcrce, but ro haue ginen them with ihcma- riageofhis Nctce, and fo this mariagc was jn^de, and her hu( band Lewis was afr^rward chofen alfo king of Ingland by the B:\ions,and fvvorne in London, as before hach bm faide, 6c hereby alfo the Infanta of SpaintUforc men- cioii^d, that is difcendcd Hneally from both thefe princes, 1 meane as wel from Qucenc Blanch as frcniLewys, isproued to haue her pretence fortified to the int( reft of Ingland, as afterward fhalbe declared more at large ia dew place. Qnccnc Thefeconddaughtcrof king Alonfb the 9, gucia Queen Elcnor,vvas named Berengucla, ;?.n J was mirned to the prince of Leon in Spnync, and had by him afonne nam.ed Fernando,vvha afterward when king Henry her brother was dead,vvas admitted by the Caftilians for their king,by the name of Fernando thefourth, as before the Ciuilian hath noted, and Blanch with her fonne S.Lewis though 1 he were the elder, was put by the crovvnc againft al right offuc* tt)thecro>ne. Part i. Cap. 11. Dtfacceffion, as Garibaythe Spaniard Chro-i^'/J^^.'^j nicler noreth and confeflcth. Heerby then fomc do gather, that as the fiift Pmenccs intereft which the crowne of Ingland had lo?^.^^^-. - _ ^ _ r ^ 11? Infanta of the ftatesorGalcony Guyneand l^oyterSjCame fpayne to by a woman: foalfodid ircome to France ^yp"||j[|j^ the right of this forelaid Blanch, wh^rof theftatcs. fauourers of che Infantaof Spaine do faye, that fhe being now firft and next in biood of that houl nought to inhcrite al rhefe and fuch Iikeftates, as are inheritable by women ^ or came by wome^asthe former dates of Gafcony andGuvnedidto king Henry the fecond , by Queen Elenor his wife, and Normandie by Mathilda his mother , and both of them to France by this former intereft: of Blanch , and more they faye, that his lady Blanch mother to^ King S.Lewis, vvhofehcyre at thisdaye the infantaof fpayne is, fhould by right haue in- herited the kingdome of Ingland alfo, after the murther of Duke Arthur and his fiftec Elenor/or that fhe was the next of ky nne vnto them, at that tyme,vvhich could be capable to fuccede rhcm,fov that king lohn him(elfe was vncapahle of their fucceliion whom he had murthered,and hisfonne Henry was not then borne,nor in diuers yeares after, and if he had bin, yet could he receaueno intereft rherunto by his father, who had none himfclfe: of al which points ihervvilbe more particul.er oc- casion to fpeak hereafter. Now then I come to fpeak of king Henry S 2 the i6 A Conference touching fuccefwn Sc^Tnd ^^^^^ vvho wa3 lonne to ihiskinglohn^and hisilTuc. from whom al the three houfcs before mentio- ned of Bi itanie Lancafter and Yorke, do feeme to illue^as a triple branch out of one tree,albcit the royal lineof Britanie is more ancient, and vvasdeuided before euen from Wilham Con- querors tyrae,as hath bm fhcwed , yet do ihey Thcro€c-^"y^^ agame in this king Henry, for that of ting of king Henry the thiid his eldclHonnc, named J-^"^^^" prince Edward the firft, difcended Edward the fccond^and of him Edward the third, from Princes whom properly rifeth the houfc of Yorke. And Dukc^Ed ^^his fecod fonne Edmond furnamed crooke- mond. backscounty Palatine of Lancafter, iffued the dukes of Lancafter vntil in the third diflcnr, when the Lady Blanch hcyre of that houfc matched with lohn of Gaunt , third fonne of king Edward the rhird , from which mariage role afterward the formal diuifion of ihefe two hou(es of Lancafter and Yorke, & alfo two di- ihiiQ: branches of Lancafter. Lad.Bca^ Bffides thefe two fonnes , king Henry the daughter ^^^hd had a daughter named ladyBeatrix,whom o^l^'ng hemanvedto lohn the lecond of that name Henry 3. j^^j.^ of Britanie , who after was llayne ac Lions in France, by the fal of an old wall, in thecoronarionofpcpe Clement the 5. of that name, intheyeareof Chrift 1298. and for that the frcdcs of the Infanta of Spay nc, do feeke to ftrengihenher tule by thrs her difcent aKbof the royal blood of Ingland , from Henry the third as afterward f halbe declared^ I wil breifly td the croT^e. Tart i. C a p. 1 1. 17 in this place continew the pedegree of the honfe of Britanie from that I left before, euen to ourdayes, I fhewed before in this chapter, that Gef-The^ped* frey the third fonne to king Henry the f^co"d,^j^^^^y^^ and duke of Britanieby his wife^being dead,& of Brita- his tvYO^children Arthur and Elenor put to death by their vncle king lohn in Ingland , as before hath bin faid , it fel out that Conftance ducheffc and heyre of Britanic marryed agayne 10 Guy vifcond of Touars, and had by him two daughters, wherofthe eldcftnamed AVis vvasducheireofBritanie,and marryed to Peter BrienearleofDru{Ie,and by him had lohn the fiiftof that name, duke of Briranie, which' lohn (hefirfthadiffuc lohn the fecond , who marryed lady Beatrix before metioned, daugh- ter to king Henry theihird, and by her had the fecond Arthur duke of Bncanieto vvhom fuc- ceded hiseldeft (bnne by hisfiift wife , named lohn the third, who dying without iflue , It ft the very fame trouble and garboyle in Biitanie about the fucceflion betwcene the two noble houfes of Bloys and Monf )rd , the one mayn- teyned Ky France, and the other by Ingland, asrhegreat foone after vppon the very like occifion hap- pe nedin Ingiand^betweene the houfes of Lan- [vveenc" cifter & Ybrk as after fhalbc fhewed. And not ^^^^^l^^ long after that againe the likefefflidlion alfoford and cnfewed in France, (though not forfuccefljon ^^^y^\^ but vppon other occafionsj betwene the great Barguniy and royal houfes of Burgundy and Orleans^ f^^^^- 3 Whcrby 28 A Conference touching fmefwn, vvherby al three common wealthes (I raeanc Ingland Bntanie and France) were like to haue come rodiftruclion and vtcerdelolation. The con- for that It may ferue much To our par- troucr. pofe hereaftcr^to vndcrftand vvel this controu- fvvecnc Bdtanic, I thinke it not amiffe in few the houfc V vordes to declare the fame m this place , thus ford and • then It happened. »lpjs. The forefaid Arthur the fccod of that name, duke ofBricanie, and fonne of Lady Beatrix that was daughter (as hath bin faid) to king Henry the third of Ingland , had two vviues, the fiill named Beatrix as his mother was, and by thishehadtwofonnes, lohn that fucceded h\m in the ftate, by the name of duke lohn the third, and Guye that ed the UmeSox that The haltcd,who vvasmarryedco the carle of Bloys, that was nephewtoPhilhpof Valois , king of France, for I hat he was borne of bis fifter. Bar befides thefe two chiidren,the faid du ke Arihur hadby hisfecond wife, named loland couniefle and hcyreof theearldome ofMon* ford,an other fonne called lohn Breno, who ia the right of his mother was earleof Monfordi» And afterward -when duke lohn the third came to die without i(Tue, thcqueftion was, who f hould fgccede him in his dukedome^the vncle cr the neece, that is to faye,his third bro- ther lohn BiCiiO by half bloodeor els hisNcece loan the lame^that was daughter and hey re to \\\% thecrd^ne. Tart i. Cap. It. 19 liis fccond brother Guye of whole bloode, ^j?^'^^ that is. by father and mother,which lady loanlucccffid was marryed totheearleof Bloys as hath byn^^^^^^^^j^ Taid. And fird rhis matter was bandied in the and rhc-^ parlamentof P.iris,theking hi mfclfe fitting in**^**^^ iudgment with al his peeres^ the 30* day of Septcmb, M 4 1, and adiuged ittotheearle of Bloys, tjorh for that his wife was hcyre to the elder biorher,asalfo for that duke lohn by his reft.imeiit and 'onfent of the ftates^hid appoin- ted her to be his heyre, but yet king EdvVard the ihifd and ftates of Ingland did ludge it eiherwife, and preferred Tohn Monford , not knowing that the very like^afc was to fal out very foone after in Ingland, I meane, they iud- ged the (late to lohn Brcno carle of monford yonger brother to Guye, & they did aflift him, and hisfonneafcerhim , with al their forces for thegayning and holding ofthat ftare. And albeit at the beginning, it Teemed that matters went againft Monford. for that him- felfe was taken prifoner in Nantes ^and carryed capriueto Paris where he dyed in prifon, yer^j,^ his forme lohn by the airjftance of the Inglifh houfc of armies gat the dakedome afterward, and (kw'^ " theearleof Blojs , and was peaceably duke of Britanieby thenameoflohn the fourth , and his pofterity hath indurcd vntil this day, as briefly heere I wil declare; Thcfuc- This duke lohn thefourth of the houfe of ccffion of Monford had illiie lohn the fift , & he, Francis f^,^^" the fiift, vvho dying without iflTue, left theBiitanic. S 4 dukedomc Blois ouet JO A Conference touching fuccepon, dukcrdome lo Peter his brother , and Peter ha- uing no children neither, he left it to his vncle Arthur the third, brother to his father loha the fifr , and this Arthur was earle of Rich- mond in Ingland, as fome of his anceftors had bin before him , by gyftes of the kings oF Ingland. faft^Dukc '^^^^ Arthur dying without iffuc left the ofBri- ^dukdome vnto his nephew, to wit hi^ bro- "i^y» thers fonne Francis the fccond , who was the laft male child of that race, and was he that had once determyned, to haue deliueied Ht*niy carle of Richmond , vnto his enimye king Edward the fourth, and after him to king Ri- chard the 3. but that Henries goodfottunere- fcruedhim to come to be king of Inglnnd. HoYT the '^^^^^ duke Francis had a daughter and hcyre dukdomc named Anna,marryed fiift to Charles the eight nufvvaV kingof France , and after his death without vnitcd iflue to his fuccciror Lewis the 11. by whome lofiaflcc. fj^^j^^j a daughter named Claudia that was hcyre to Britanie, though not to the ciowne of France, by reafon of the law Salique, that hol- dcih againll women in the kingdome cfFrace but not in Biitanie, and to the end this duk- dome f hould not be difvn ited agayne from the faid crowne of France , this daughter Claudia was marryed to Francis duke of Angoleme hcyre apparent to the crowne of France, by whom i he had iHue Henty^that was afterward king of France, and was father to the laft kmg ofrhac country^ andtoYiabcl mother of the Infanta tdthecrc>l^ne. Tart i. Cap. II. 51 Infanta of Spaync^and of her fifter the duchcfle 5.' of Saiioye that now is, by which alfo Ibme do afBrme that chc (aid pfinceire or Infanta of fpayne, albeit fhebe barred ftom the fucceffio of France, by their pretended law Sahque ; yet is her title maniftfttothc dukdorce of Brira- rie^ that came by a woman as we haue f hewed, and thus much of the houfe of Br^tanie and of the princeHis of Spaine, how f he is of the blood royal of Ingland, from ihe tyme of VV^Uliam Conqueror himfclfe by his eldeft daughter, ap alfo by other kings after him : and now wc f hall returne to profecute the ilfue of thefetwo fonnes of king Henry the third, to wit of Edward and Edmond^which before we left. ^ I fhewcd yon before how king Henry theyhe ifTut third had two fonnes, Edward th^ prince, that y^^^^^ was king after his father ^ by the name ofthc^i, Edward ihefirft, andEdmond iurnamed crok- back by fome writers , who vvhas the firft earle and county Palatine of Lancafter,and begiimcc of that houfe. And albeit (bme writers of our tyme , hai>e j^j^ affirmed or at lead wife much inclmed to fa- hop of uour a certaync old leport^that Edmod fhould ^^^^^^ be the eldei brother to Edward, and put back of the c^^ only for his deformity of his body, (whcrof^^^^^"^* Polidor doth fpeak in the beginmg of the George reigne of king Henry the fourth, and as vvel^^^^/? the Bifhopof Rode as alfo George Lylly do tomes' leemeto bcleeueit^yet euident it feme th that ^^J^;^ is Was but a fable, as before I haue noted and S J now 51 A Conference touching fuccefm now againe I I hall briefly prouc ir by the(e rea- fiSs following,for that it imporreih very muchc fordecidingthecotrouerfie between the how* fesof La!icafterandyorke. That The firft reafon then is, for that al ancient Edward hiftofiographerspf Ingland and among them cider! ^ Matheus Weftmonafterienfis thit liaed at the ^athcus fame tyme do aifirme the cotrary, and do make Heia- Edward to be elder (hen Edmond by fix yeares fcir ^ and two daycs,for that they appoince the birth. ihxicvLf of Prince Edward to hzwc bin vppon the \ r^s^H- daypf luneintheyeareofChtift i2?9, & the 24. of che reignc of his father king Hi*nry, and the birth of Lord Edmond to hauc followed vppon the 1 8. day of the fame moneth 6.ycarcs afcer,towitintheyeareofoar lord 1145". and thevdonamethegodfuhers and godmothers of them both together , with the pecuUer fo^ lemniiiesand fea^es, that were celebrated at ther feueral nariuities, fo as it fcemcth ther caa be no ertor in this matter. !• The 2. reafon is, for that we read that this Lord Edmond was a goodly wife and dilcreec prince,notwithftanding that fome authors cal himcrokback, and thai he was highly in the fauour both of his father king Henry,^s alfo of his brother king Edward, and employed by them in many great warres , and other affivres of (late, botb in France ir g from the childicn of king EdWard thethiid, who vveicthecaufeis of this fatal dillcntion. OE THE SVCCESSIOM OF INGLISH KINGES FROM KING EDVARD THB THIRD VNTO O 7 R dajes.l^itb the panicuieY caufes ofdiffcntion^be^ ff^tene the famdtes of jorkl andhancor- jlcr more largly declared. Cap. III. KIng Edward the third furnamcd by theFyaeronU Englifh the vi and after made duke of Here ford by king Richard che fccond, and after that came to be duke alfo of Lanca- fterby the death of his father, andlaftely was made king by the depofition of his cofengcr- maine the faid king Richard, and reigned i j. yearesby the name of king Henry the fourth^ and was the firft king of the hou fe of Lacafter, of the right of whole title examination fhalbc made afcetwards. lr.?hiilip The firft of the two daughters which lohn inanycd ofGaunt had bv Blanch, was named Phillip, tugal and wno was manyed to lohn the nrft of that hex iffu«- name king of Portugal, by whom fhehadilPuc Edward king of Poitugal,and he Alfonfus the fift, & hclohn the fccond^c fo one after ano* ther eucn vnto our dayes. M^th**' '^^^ fccond daughter of lohn of Gaunt by iccond lady Blanch was named Elizabeth, who was jUugh- inairycd to lohn Holland duke of Excefter, Sc fhe hadilTueby him, an other lohn , duke of Exrefter,ard he had ilTiie Henry duke of Excc- fier,rhai dyed without ilFue male, Uauing only one daughter named Anne, who was mar- rycd to Sir Thomas Neuill knight , and by him totheetd^rte. Tart u Cap. II. 45 by him had ilfiie RafFe Neiiill third carle of Weftmerland, whofe lineal hcyie is at this day Lord Charles Neuill carle oft Wcftmerland, ihar liuerh banif hed in Flanders. And this is althe iirue that lohn of Gaunt The ifTat had by lady Blanch his firft wife, fauing only that i had forgotten to profccute the ifliie of Henry his firft fonne, furnamed of Bolen- brok, that was afterward called king Hen- ry the fourth which king had 4. Tonnes and two daughters , his daughters were Blanch and Phillip, the firft marryed to William duke of Biuana, and the fecond toErick king of Denmarke^and both of them dyed withouc children. The four fonncs were firft Henry thtt rcygned after him by the name of Henry the fifr,and the fecond was Thomas duke of Clarence, the third was John duke of Bed- ford, and the fourth vvas Humfrey duke of Gloccfter,al which threedukesdyed without iflTucorvvere flaincin vvarres of the realme, fb as only king Henry the fift their elder bro- ther had ifluc one (bnne named Henry al{b> that vvas king, and reigned 40. yearesbythc namcof Henry the fixt who had iftue prince Edward & both of them (I meane both father & fonnejwere murthcrcd by order or permiflio of Edward duke of Yorke , who afterward tooke thecrowncvpponhim, by the name of lung Edward the foarth,as before hath bin faid T } foas fo as in this king Henry the 6. and his fonne piince Edward, ended all the blood royal male ofthehoufeof Lancafter, bv Blanch the firft Wifeofloho of Gaunt, and the inheritance of ihe faidlady Blanch returned by right of fuc- ceffion as the fauorers of the howfcof Por^ tugalaffirme though others deny ir, vnto the hey res of lady Phillip her eldefl: danghcer^mar^ ryedanto Portugal^vvhofe nephew named Al- fonfus the fift kingeof Portugal liuedat that day when kmg Henry the 6. and his hey re were made away, and this much of lohn of Gaunts firft marriage. Thcifluc Butafcerthedeathofthe L. B!an,ch Tohnof of lohn Gaunt marryed the Lady Conftance, daughter tyhis"' and heyreofPeter the firft furnamcdthe cruel a.vyifc king of Caftih, who being driuea out of his kingdome by Henry his baftard brother , afli- ftedtheruntoby the french, he fleddio Bur- dcaux with his wife &: two daughters, where he founde prince Edward eldeftfonncto king Edward the third, by whom he was reftored, and for pledge of his fidelity and performance of other conditions that the faid king Peter had promifed to the Prince, he left his two daughters withe hym, which daughters being The 'con- fcnt afterwards into InglaJ, the eldeft of them, r^^^p^^g named Conftance, was marryed to lohn of betvvrcc- Gaunt, and by her title he named himfelfc for ?ctcr"thc ^iuersyeares afterward , king of Caftilc, and cruel aad went to g^iiync the fame byarmes, when Peter «ard bio^ hc£ f^the/ was flayne by his forcfaid baftard thcr. * ^ ' brother brother, bat yet fome yeares after that againe, their wis an agremcnt midc betweene the faid lohn of Gaunt, and lohn the firftofthat name, kingufCaftile, fonne and hcyre of the forcfaid Henry the baftard, with condition, that Catherine the only daughter of lohn of Gaunt by lady Coftance, fhould marry with ^^^-^^^^ Henry the third prince of Caftile , fonne, andi.isc.ifc hcyre of the faid king lohn , and nephew to the baftard H nry the i. and by this mcanes was ended thai* conrroufie betweene Ingland and Caftile, and the fiid L. Catherine had ilVac by king Henry, lohn the 2. kingof Caftile, 8c he Ifabell that marryed with Fcrdinando theCatholique kingof Aragon, and ioyned by that marriage buthchofe kingdomes toge«» ther , and by him f he had a daughter named loan, that marryed Phillip duke of Auftria and Burgundy , and by him had Charles the fifth that was Emperor, and father to kingPhilli{> that now reigneth in Spaine,vvho (as we fee)is defceded two waies from lohn of Gaunt duke of Lincarter,to wit by twodaughtets begotten oftwowiues, Blanch and Conftance, nethec had lohn cfGaunt any more chddre by Con- ftance but only this daughter Catherine , of whom wehauefpoken , vvherfore now we fhalfpeake of his third wife that was Lady . Catherine Swinford. Cathcrin This lady Catherin as InghTh hiftorifs ^^^^oiirn^s^ rote, was borne in Hcnilt in Flanders, &c was hcadm^ daughter to a knight of that country called "^^^^J^ T 4 SirPaynepag^^f! 4(5 A Conference touching fuccepon Sir Payne deRuec, and fbe was brought vp in her youth in the duke of Lancaftcrs houfe, andattended vpponhis firftwife lady Blanch^ and being fayre of perfonage, grew in luch fa-^ uourvvirh theduke, as inthe tymcofhir fe-^ cond wife Conftance , he kept this Catherin for hisconcubin , and begat vppon her fower children^to wit, three, fonnes and a daughter, which daughter (^vvhofe name vvaslanejwas inarrycd to Raph earle of Wcftmerland cal- led commonly m thofc dayes Da)^ Raby » of whom defended theEarles of VVeftmerhnd that inl'ued. His three fonnes were lohn, Tho- mas, and Henry, and lohn was fir{l earle and then duke ofSommerfct^ Thomas was firft marques Dorfet , and then duke of Exceftcr^^ Henry was Bifhop of V Vinchefter and after Cardinal. And after lohn of Gaunt had begotten al thes 4. children vppon Catherin, he marryed her to a knight in Ingland named Swinford, which knight lyued not m any yeares after, lohn of Gaunt comming home to Ingland, from Aquitainc, wherhe had bin for diuers yearcs.ahd feing this old concubine of his Catherine, to be now a widow, and himfclfc alfo without a wife(for that the lady Coftance was dead alitle before) for the louethat he bore to the children which he had begotten ofhcrhedctermyned to marry her, andther- by the rather to legitimate her childrc, though bimfcifc were old now and al his kyndred tothe^crd^^ne. Titrt i. Cap. IL 47 f ttcrly againft the marriage , and fo not ful two ycarts before his death, to wit, in the ycare cfChrift M96. he married her, and the ncxcThcduk« yeare after in a parlament begun at W^^^i^-caftcrs"b« fter, the 11. of lanuary anno Domini i^c^j.^zid% he cauCed al his (aid iifue 10 be lcg«i'^«^ by King rothe fonnesjHenry, Arthur Geffrey, and Renald,^^^^ ihc laftvvhecof was Cardinal, and the other two Arthur and Geffrey had iffUc^ for Ar* that haci two daughters Mary and Margaret^ Mary was married to Sir lohn Stanny, & Mar- garet to Sir Thomas fitzharbert. Sir Geffrey Poole, had alfo iffuc an other Geffrey Poole, and he had ilFuc Arthur and Gef&ey which yet liuc. Now then ro returnc to the firft fonne of the counteflb of Salisbury named Henry, that was Lord Montague, and put to death both heandhi's mother, by king Henry the 8. this man I fay, left two daughters, Catherine and vvenefied, Catherine was married to Sir Fran, cis Haftings earle of Huntington , by which Tlic Ijrnt jnarriageifTued Sir Henry Haftings now earle of Huntington , and Sir Georg Haftings his brother, who hath dfuerschddren. And Wenc- The Bt. ftedthc yonger danghter was married to Sir"»fi^^ Thomas Barington Jcnight, who alfb wantcth noti{Tue,anc! thisis of the fccond brother of thchoufeof Yoikc, to wit, of the duke of Clarence-. The A Conference touching fuccefm SAng xhe third brother Richard duke of Glocefief andafcerwardkingjeftnoiffuc, foai>this is a! ihac is needful to be fpoken of rhe houle of York, in which we fee that the fiiftand prin- cipal competitor isthekingof Scots, and after hull Arbella^ and the children of the carles of Hartford and Darby arc alfo competitors of the fame houfe, as difcended by the diaughtec of the firft brother, Edward duke of Yorke^and king of England, and then the Earle of Hun- tington and his generation , as alfo the Pooles^ Barringtons, and others before named, are or may be tulers of York^asdefcended of George duke of Clarence, fecond fonne of Richaid duke ofYorkc, all which ifTuc yet feme to re^ mayneonly within ihecompalle of the houfe ofYorke, for that by the former pedegre of the iioufeof Lancafter it feemeth to the fauorers ofrhishowfethat noneof thefe other copeti- roisare properly of the line of Lancafter, for that king Henry the 7. comrrting only of lohit of Gaunt by Cathenn Swinford his third wife, could haue no part in Lady Blanch that was only inheritourofthat houfe, as to thefe men feemeth euident. Only then it renjaineth for the ending of thl$ chapter, toexplane (ome what more clearly the difcent of king Henry the 7. and of his iliac, for better vndcrftanding vvherof you n)uftconfiJer,thatking Henry rhe7.being of the h<>ule of Lancafter, in the manner that you hauchi^ard, and marrying Elizabeth the cldcft' daughter totheml^ne. Tart i. Cap. II. jff daughter of the contrary houfe of Yorkc , did feemc loioync both houlcs together, & make an end of that bloody controuerfie , though ifTucof ochers now wil fay no^but how focuer that j^^H"^ (which after fhalbe examined) clecie it is,that he had by that mariage one only fonne , that Itfcifiue, and two daughters, his fonne was king Henry the 8. who by three (eueral wiues^ had three children that hsue reigned after him, to wit king Edwaid the 6. by Queene lane Scymer, Queene Mary by Queene Catherine ofSpaine, sind Queene Elizabeth by Queene Anne Bullen, of al which three childicn no illpe haihremayned , fo as now we muftrc- turne to confider the ilTue of his daughters. The eldeft daughter of king Henry the 7. iffy^^f rained Margaret was married by her fifft ma- the lady liage, to laipes the fourth king of Scots , who ^j^^ hadilTuelamesihe y.&hcagaine Lady mary, late Queene of Scots, and dowager of France, put to death not long ago in Ingland, who Icfc illue lames the 6. now kingof Scots. And by ber fecond mariage the faid Lady Margeret afterthe death of king lames the 4. tocke for husband Archebald Duglas, earle of Anguys in Scotlandjby whom f he had one only daugh^ ler, named Margeret which was married to Mathew Steward^ earle of Lenox, and by him f he had two fonnes, to wit Hcry Lord Dariy, and Charles Steward , Henry marryed the forefaidi LaJy Mary Queene of Scotland & was murthered in Edinbrough in the yearc '54 ^ Confer enee touching fuccefwn lj66. as the world knoweth , and Charles hfs broihctmarrycd Elizabeth the daughter of Sir William Candifh in Ingland,by whom he had one only daughter yet iiuing nanncd Arbclb, an other competitor of the crown c of Jngland, by the houfe of York^ , and this much of the ifTuc of ^^^^ daughter of kingc Henry the 7. Mary the xnai^ 2. fceod daughter of king Henry the 7.8c yorg^c Ci\ci to (iftcr to king Henry the 8. was marred firft to J^-Hcar/. Lcy^jj jj^g J z.kingof Fiaee, by whom f he had noidue, and afterward to Charles Brandoa duke of Suffolk, by who fhc bad twodaugb- fers,to witt,Frances and Elenor,the lady Fian- cis was marry ed firft to Henry Gray marques of Dorfetj & after duke of Suffolk, beheaded by Queene mary , and by him The had three Lady daughcexs^ta vvit lane, Catherine, and Mary: Fiandj. j^jy lanecldeft of rhe three, was married to L. Guylfotd Diidly, fonnetolohn Dudly late duke of Northumberland , with wlrom (I meanc with her huf band & father in law) fhc was beheaded foonc after for being proclay- med Queene, vppon the death of king Edward the 6xt ; the bdy Gatherine fccond daughter inaryed firft the lord Henry Herbert earle of Pcnbrokc,. and left by hym again fhe dyed af- terward in the rower , wher ibe was priloner forhauinghad cwochildre by Edward Seymer rarle of Harttord ^ without fufGcient proofe thiit f he vvas married vnto him, and rhe two children arc yet liuing, to wit, Henry Scymef^ commonly called lord Beacham , and Edwar'd Scymer Seyrrter his brother. The hdymary the third filler though The was betrothed to Arthur lord Gray of vvilton, and maryed after to Martin keyes gentleman porter ^ yet hath The left no ilVjCy as far as I vndetdand. This then is the end , of the iflae of Lady Francis^ firftofchc two daughters of Queene Mary of France by Charles Brandon duke of Suffolk, for albeit the faid lady Francis, afrcc the beheading of the faid Henry Lord Gray duke of Suffolk her firft huf band , married againe one Adrian Stokes her fcruanty fic had a fonne by him , yet it liucd not» but dyed very foone after» Now then to (peak of the yonger daughter of the faid Frenche Queene and duke, named ^j^^^Jj Elinor , flie was married to Henry Clifford Suffolk. EarleofComberlad, who had by I ^radaugh* ter named Margaret that was married to Lord Henry Stanley earle of Darby, by whom f he hath a plentiful ilTue, as Ferdinand now earie of Darby William Stanley^Francis Stanley, and others, and this is al that neederh to be fpoken ofthefedifcents of our Inglifh kings, princes, peeresor competitors to the crowne for this Elace,and therforc now it refteth only that wc egin to examine what different pretentiona are framed by diuers parties, vppon thefcdif^ Tents and genealogies, which is the principal point of this oar difcourre • V OF OF THE GREAT AHD GENERALL CONTROV^R- 5XB AND CONTINTION BETYVBEJJ* thet'J^o 'houfes rojal oflancafier and Tork^ 4ind Ti^htcb of them majfeemeto hauc hadthebetternghttothecroTi^nc bjlPajoffuccefion. Cap. nil. AN D firft of al before I do dcfcend to treat in particulerofthe different pretences of feueral perfonsandfamilies , thathaue iflTued out ofthefe two royal linages.of Lancafter and Yoike, it f hal perhaps not be amiflc,to difcuffe with (bme attention^ what is, or hath, or may befaid, on both fides for the general contro- uerfie that lyeth betweene thcm,yet vndefcided in many mens opinions , notwithftanding their hath bin fo much fturr about the fame, & not only writing and dtfputing , but alfo figh- ting and murthering for manyyeares. And Jfau^'*^ truly ifwclookeinto diuers hiftories recordes thor« and authors which haue written of this mat- a^lnj^"* t^r? vvef hal find that euery one of them fpea- this con- keth commonly according to thexyme whcrin trottcifie- ih^y liued, for that al fuch as wrote in the tyme of the three Henries, fourth, fift, and fixt, kings of the houfe of Lancafter, they make the title of Lancafter very cleare, and vndpubted, but fuch others as wrote fince that tyme (whi- les the houfc of Yorke hath held the fcepter) ihey haue fpoken in far different manner^ as namely tnthicrift^ne. Vdrt 2. Cap. I HI- S7 namely Polydor that wrote in king Henry the 8. his lyme, and others that haue followed him fince, do take alright from the houfe ofLan- cafter,and giue the fame to the houfe of Yorke, wherfore the beft waye I fuppofe wilbe, not fo vit. Hcnr. much to confider what hiftorioeraphers do lay according to their aftections, or intere(ts,4.&ui asvvhatreafons,andprofes be alleged ^^f^^c* An.fjg^'' ry fide , for that by this, we fhal morecafely come to iudge where the right or wrong doth lye. Firft therfore, the dcfendors of the houfc of ^j^^ Yoikedoalleage, that their title is plaync andgationsof "cuidenr, for that as in the former chapter hath^^/^^^^ bin declared, Richard duke of Yorke firft pre- tender of this houfe, vvhofe father was fonnc 10 Edmond Langlcy duke of Yorke, fourth fonneof king Edward the third and his mo- ther Anne Mortimer that was necceonce re- moued, and fole hey re to Leone) duke of Cla- rence, fecond fonneofthefaidking Edward, this Richard (I fay;; duke of York pretended, thatfor fo muchas he had two titles ioyned ^ togetherinhimfclfe, :^nd was lawful hey re as ^ vvel to duke Leonel the fecond brother , as to duke Edmond the fourth, that he was to be preferred in fucceffion ofthecrowne after the death ofking Richard the fecond, heyreofthe firft fonneof king Edward, before the iffue of lohh of Gaunt that was but third fonnc to the faid king Edward, and confequently that Hcry Bolenbrook lohn of Gaunts fonne duke of V 2. Lancaftcr, 5S A Confermetouchmgfuccefton^ Lancaftcr , called afterward king Henry the fourrh,cmred the crowneby iyranv& violccc^ firftfordepofingjthc true and lawful kingRu chard, and fecondly for taking the kingdomc vppon himfclfe, which kingdomc after the death of the forefaid king Richard ('whicii happened in the ycarc 1599) belonged to Ed^ mondmottimcrEarle of march, then liuing, and after his death to Anne Mortimer his fitter^ marryed to Richard earle ofCabridge father to this Richard pretendcnt duke of Yorke^as hath bin faid, fot that this Edmond and AnneMor** timer were children to Roger Mortimer (bnne of Phillip that was daughter to duke Leonef, vvhuh Lconel was elder vncle to king Ku chard , and befoic lohn of Gaunt the yon- gee brother, whole (bnne Cooke the crovvne vppon him. For the better vnderftanding of which prc- T^^f^^tence and allegation of the houfe of Yoikc contio againft Lancafter, we muft note the ftory folio-* mwic!^ wing, to wit, that king Edward the third/eing Xancaftcr in his old age , that prince Edward his cldeft 3: York, fonne, whom of al his children heloued moft dearly, was deadc (though their wanted not much doubt in feme mcs heads as after fhalbe fhcwed who ought to fuccede) yet the old man for rhc exceeding afFcdion he bare to the dead prince, would hcare nothing in that bthaift, hut appointed Richard the faid prince Edwards only lonne and hcyre to fucced him in the kingdotne^ and made the fame to be ironiirmed tothicrdtKffii. Tart 1. Cap. HIT. confirmed by a(5t ofparlamcnt, and inforccJ al his children then a hue, to fvvcarc to the Tame, which were lohn of Gaunt,dukc of Lan- cafter^ his third and elded fonoe that theoU- ucd, (for Leonel his fecond fonne duke of Clarence, was dead before) and Edmond Lan- gley and, Thomas Woodllock carles at that tyme but after dukes of Yoike& Glocefter, & foking Richard reigned with good obedience ofhisvncles and their children for 20. ycarcj together, but in the end when he grew info- lent &: had put to death his vncle the duke of Glocefter together with the earlc of Arundel, and banil hed many others of the nobility, and among them the Archbifhop of Can- terbury ^ as al(b his owne cofin germaine Henry duke of Hereford, & after of Lancaftcr, fonne and heyre of lohn of Gaunt, and had made many wicked ftatutes afwel againft the church and ftate Ecclcfiaftical, as alfo to tangle the realme and nobility with fayned lUchtri* crymcs of trea(on againft his regaltie,as then he termed them , the principal men of the realme feing a fit occafion offred by the kings abfence in Ireland, called home out of France theforefaid Henry dukcof Lancafter, with the Archbifhop of Canterbury, carles of Arundel and Warwick, and others which were in banifhmcnt, and by cdmmon confenc gathered vppon the fuddaine fuch an army to aflift them in Ingland, as they cook the king, ^jIJSj^^ V 5 brought poGdoa. 6o ^ A Conference touching fuccefton brought him to London, and therein a parla- inent laying together the intollerable faults of hisgouetment , they depriuedhimofal regal dignity, as before they had done to his great grandfather king Edward the fecond , & then by vniuerfal confent of the parlament and people their prefent,theychore& admitted the faidHenry dukeof Lancafter to be their king, who continewed fo al the daies of his life, and left the crowne vnto his fonme, and fonnes fbnne,after him, by the fpace of threefcore yea- res, vntill this Richard before named duke of Yorke, madechalengeof the fame in manner and forme as before hath bin f hewed, checfe^ Now then the ftorie being this,the queftion points ofisfirft:,wheihcr Richard the fecond wereiuftly ttoucifi'c depofed or no, and lecondly whether after his bctvvcc depofition the houfe of Yorke or houfe of La- ^aft^j^^j carter fhould haueentred, and thirdly if the York. houfcofLancafterdidcommitany wronge or iniufticeat their firft entrance to the crowne, yet whether the continuance of fo many yeares inpo(Ieffi6n,vvithfo many approbations and confirmations thcrof by the common wealth were not fufficient to legitimate their right. ThrccL^ Concerning which points many things are pointc* alleaged by the fauourers of both families, and king^Ri- pointe touching the lawfulnes ot chards vnlawfulncs of king Richards dcpofiiion,threc *poiiti6. articles efpecially do feememoftconfiderable^ towit^ about the thing in it felfe whether a lawful king may be depofed vppon iuft cau fes, and to the cfoT^ftt. T4Yt 1. C A p. 1 1 1 1, if I &fec5dly about thefe caufesin king Richards depolition , to vvir, whether ihey were iuft or lufficient for depofition of the faid king,an tanceoflohnofGaunt, late deceafed, which ;„did belong to Henry duke of Lancafter, his 5* coftn germaine , by which wordes of Polidor » as alfo for that the duke of Lancafter coming p^fcro^^^^^^^ Britayne accompaned only with three fticaa. fcoreperfons, ("as fome (lories fayjchofe firft to goe into Yor^e-f hire and to enter at Ra- uenfpurrat theraoutheof Humber, as al the world knoweth (which he would neuerhauc done if the princes of Yorke had not princi- pally fauoured him in that adion)al this (I fay is an euident argumet that thefe princes of the houfe of Yorke were then the chiefe doers in this depofition , and confequently cannot alleage now with reafon that the faid Richard was depofed vniuiUy . Tcftimo- Secondly the houfe of Lancafter , allcagcth Df of ^o- forthe iuftifying of this depofition^ the opi- nions of al niftoriographers , that euer hauc written of this matter, whether they be In- glif h French Duch Latine,or of any other na- tion or language, who al with one accord do affirme, that king Richards gouermey^^vvas he that wil fe more let him reade Thomas of WaU uthtcifi^ne. Tart i. Cap. IJII. Walfingham, and lohn Frofard in the life of Jcing Richard. Thirdly they of Lancaftcr do alleagc, thcThc enn pariiculer outrages and infolenccs of king Ri-|f]Jtng^* chardsgouerraent, andfirft thefuffring him-Kichaid. felfe to be carryed away with cuil counfel of hisfauoritesand thetheperuertingof al lawcs generally vnder his gouerment, as before yoii haue hard out of Polidor, the ioyning with his mynios for oprefling the nobihty of which Scow hath thefe vvordes. The king being at Bri- ffoi^ T^ith Robert de Vere duke of Ireland, & Mi^^^^/IIpag.^s^ot de la Pole Earle ofSuffolke^ deuifed boit^ to take a'j^ay ^cgni lu she duke of Glocejier, the earles of ArundeUVVar'^kk^ Darby, and Nottngham^ and others l^hofe deathes the^ £onfpired: thus f^eth StoT^. And foone after they executed thcmoft par oftheirdenifes, for that Thomas of Woodftock duke of Glocefter, was made away without law or procefTe , the earle of Arundel alfo was put to death , and War- wick was banifhed, and fo was alio Thomas ArundelArchbifhop of Canterbury , by like iniuftice, and the like was done to Henry duke ofHereford, and after of Lancafter, and among other infolences he fufFred Robert Vere to dil honour and put from him his wife, a noble and goodly yong Lady (as Stow fayeib ) and borne of Lady Ifabel king Richards aunt , that was / ughterto king Edward the third, andAgrcat fuffrea Vere to marry an other openly to heria^o^^cy difgracc and dishonour of her kynred. And finaly in the lafi: parlamcnt that euer he held, which €6 A Conference touching fueeefum tvhich was in the ii. ycarc of his rcignCp commonly called the euel parUment , he wouW needs baue ai authority abfolutegrauntcd to ceriaine fauourics of his , which Thomas Walfingham faith, were hoc abouc 6. or to determine of all matters with al ful au« thority , as if they only had bin the whote realme^ which was nothing in dcede but to takeal authority to him felfc only, and StovV in his chronicle hath thefe word^s following, ^ ^This parlamut began dbout the i|. of September pailat»€t in the jteare i J97. 4t the beginning T^hctof^ Ed-* ^j^?- T^drd Stafford Bif bop of Exceter Lord Chancellor of lidurd. Ingland made a propofuton or fermon , in i^hkh In d^rmed that the po\»er of the king, Tbu/ alone , and ferfitof it felfe^ and thofe that do impeatch itl^eri T^ortljjto fujfer paine of the la^^ &c. thus faith Stow, by al which is euiden% how exorbitant and contrary to al law and equity thiskinges gouerment was. Fourthly and laftly , thofe of Lancafter do J^^^alleagcfjr iuftifying of ihisdcpriuation, that caitecil'duke Henry was called home by expreflc let* led by tresof the more and better part of al the rc» nqaeSk. alme, and that hecamevvholyfiin a manner) vn-armcd confidering hisperfon, for that fro« lard fayeth he had but three f hippes only out ofBritanie, andWalHngham fauh he had but WaTfm. Lances and 400. footmen , and the addi- glttoi. tionstoPolychronicon as before I noted, do auottch, that when he landed atRauenfpurr in the tdthecToTtm. Tdrt i. Cap. II II. 6y in the county of Yorkc> he had but thrcc- (corc men in al to begin the reformation of hisrealmeagainft ib potent a tyrant^ as King Richard was then accompted, and yttvvas the concourfe of al people fo great and general ▼mo him, ibs^i within few dayes he achiued the matter, and that without any baitailc or bloodfhed at al, &thtts much for the iuftnes cfihecaufe. But nowifwcvvil confider the manner and forme of ihis ad, they of Lancafter do ^^^^^^^^ al(b that it could not be executed in better nor mannet more conuenient order. Firft for that it vvas^^ done by the choifc and inuitacion of al theK^chJid^ realmc or greater and better parte therof as^^"^ hath bin faid. Secondly for that is was done^^^ vvithout flaughter, and thirdly for that the king was dtpofed by ail of parlament, and himfelfe conuinccd of' his vnworihy gouer- ment, and brought to conftfle that he was vvorthcly dcpriued , and that he willingly and freely refigned the fame: nether can iheic be any more circumftances required ffayc ihefe men) for any lawful dcpofition of a Prince. And if any manwil yet obic<5l: and faye that notwithttanding al this their was vio- lence , for that duke Henry was armed and by force of armes brought, this to pa(Ie» they of Lancafter do anfwerc, that this is true t that he brought the matter to an end 68 A Conference touching fuccefm end by forces, for that an euel king cannos Armcs be remoued but by force of armes ^ if we forrcmo. cxpedl ihc otdinaiv way of remedy left by uing an god vnto the common wealth, for feeing that prijicc a tyrannical orobftinatc euel prince is an ar- med enimye with his feet fet on the realmes head, ccrtaine it is, that he cannot be driuen nor plucked from thccc, nor brought in order, but by force of armes. And if you faye that God may remedy the matter otiierwife , and take him away by ficknes, and other fuch meanes, it is anfwered,that God wil not alwayes bynde h^mfclfe to woorke miracles, or to vfecxtraor^ dinary meanes in bringing ihofe things to paO- fe,vvhich he hath left m the hands of men, & of common wcalthes toeffeduat, by ordinary way of wifdome and iuftice. As for example, it were an eafy thing (fay thcfe men) for God almightly alio when any wicked man brea- j kcth his law, by theft muither or the like, to J punifh him imediatly by death, or otherwife ' himf:*lfe, &ycthewilnotfodoe, butwilhauc ' the realme to punifh him, and that by force of armcs alfoifotherwife it cannot be done, and < thisafvvell for example, and terror of others asalfoto ler men vnderftande that God hath left power vppo earth to do iuftice in his name when neede requireth. ^/kTifgf And for particuler prefidents of punifhing punif. ofcuil princes, in hke manner by force & vio- cxtcrnal 'c"ce,when other meanes wil not ferue, thefe iorcci. men fay that faefides al the great multitude of examples ^ (19 examples alleaged before by the Ccuil lawyer, in his fourth chapter , about cuil kings dcpo- fedjther is great variety of feueral manners how the fame hath bin done , by Gods ownc ordi- nance , recompted in holy write^ as firft when thefcripcurc fayeth in the bookes of lodges that Aod was' ftirred vp by God ^^''Eg'^" Kl„gE la king of theMoabites that pcrfecuted the people flaync in of H'rael, and the manner was ro feigne a fee ret Embafladge or meflage vnto him,and fo to flay him in his chambcr,as he did, & God deliucred his people by that mcanes, and chofe this par- ticuler vvay^vvheras none wil deny but that he might hauedonc it by many other meanesieflc odious to the world then this was, that fecmcd fo cruel and ful of treafon. Agayne they f hew that when God had reiec- ted king Sauie for his wickednes , and deter- downc^ ; myned todepofehim^hechofetodoitby ^^y^ j^^" fingofDauidagainft him, and by defending and aflifting Dauid both in armes andothcr- wifediuers yeares againft Saule, and in the end rayfcd the Philiftians alfo againft him, vvho ,.par. i»» . after diuers battailes cut of his head , and car- vwi.p. ried it vp and downc the country vppon a pole, and presented it in al the temples of their Ido- les,and in the end left it piched vp in the temple of Dagon,al which God might haue fparedjSc haue taken him away quiety Without blood- fhed, if he would, but he chofe this fccond %vay. In Ii|ce manner when he would punifh king Roboam 70 A Confetentiimhtng fucfefton Hoboam R^^oam for the finncs of Salomon his father^ dtpokd and yet fpare him alfo in parte for the fake of ^ibieL l^'5gf*"^^^^h^f Dauid , hecaufcd a rebclHon oftcam- lobe rayfcdagainfthim by leroboarti hisfer- uant, and more then three paitcs of fourc of his people, to lebell againft him , and this by Godsovvnc inftindt and morion, and by his ex- prellc allowance therof aftct it was done ^ as thefcfiptureauoucheih, and if Roboam had fought againft them, for this fault (i»s once he had thought todo and was prepared with a iDaynearmy) no doubt but they might hauc hwfuiiy flaynchim , for tha-tnow thefc tcnn tribes that for-fookehim had iuft authority ta Ic " dcpofe him, for his cue! gouermcM, and for not ycalding to cheir iuft requeft' made vnto him,for cafing them of thofc greuou^ tributes ».?araitp. laid vppon them, as the fcriptute reporteth.For cap io. albeicGodhada meaning to punith him, for the finncs of his father Salomon, yet ftiffrcd he that Roboam alfo fhouldgiuc iuft occafion himfclfe for rhe people to leaue him , as appe- rrthby the ftory,and this is Gods highevvif* dome iuftice,prouidcnee,and fwetedilpofitloa in humane affaires. Another example of ptinifhing and depo- lo^am H ^'^^ ^^^^ Princes by force , they do alleage out his mo- of the firft booke of kmgs, wher God appoin- Md'e^^' led Elizcus the Prophet to^fend the fornix of an fed b/^' other Prophet toannoynt lehu , Caprainc of force. loram^kingoflfracl, which loram w.^s fonnc lothcQjiecnc Iczabd, and coperfuade leha to take ^^^f^hecro^neTvart u Cap. IIII. 71 to take armes againft his faid king, and againfl: his mother the Queenc, and todepriuc them both^noc only of thdt kingdomes but alio of their hLies,and fo he did, for the fcripture faith, Coniurauit Brgolehu contra loram. lehu did con.^-^^fr^ iure and con£pire at the perfuafion of this Pro- phet, vvirh the reft of his fellow Captaines, againft his king loram , and Q^neene lezabel the kinges mother J to put them downe , and to pur them to death with al the ignomy he cuuld deuife^ahd God allowed theiof, and per- fwaded the fame by fo holy a Prophet as Eli- zeus was^wherbywe maye alFure our fclucs that the fad was not only lawful! but alfo mofir go Jly, albeit in ic fclfc it might feeme abhomi- nable. And in the fame booke of kings within two ^ chAprers after, there is an other example how Athalft God m'3ued loiadahigh prieft of Icrulalem to l^^^l^"^^^ perfuadethe Captaines and Coronels of that cittycto confpire againft Athalia theQueene that had reigned 6. yeares , and toarme them ^.^cg.xi, felues with the armor of the temple, for that purpofc,and tobefeige the pallace wher fhc lay, and to kill al them that fhould offer or goe about to defend her, & fo they did, and hauing taken herahue, fhevvasputto death alfo by fenrence of the faid high prieft , and thefa(3: j was allowed by God,and highly commended I in the fcripture, and loas yong king of the blood royal was crowned in her place,& al this might haue bin done as you fee without fuch X trooble whe- ther Lan 71 A Conferencefouem trouble of armes,& bloodfhcd, ifGod vvonlcf^ but he appointed this feueral meanes for wor- king oft is wil, and for releeuingof common malthes oppreflcd by euel princes. And this feemeth fufficienr proofe to theic men, that king Richard of Ingland might be remoued by force of armes,his life and gouerment being foeuel and pcinitious as before haih binfhc- Nved. .wv, If remayneth then that we parte to the (e- cafterot cond principal pointe propofcd in the bcgi- f houU^ ning, which was,fhai fuppofing this depriua- liauc cn- tion of king Richard was iuft and lawful, ITifgRU^vvhat houfe by right fhould haue fucceded chaid. him, ether that of lacafter as it did^or the other ofYorke. Andfirrtofalit is to be vnderflood, that at that very lyme when king Richard was de- f^ofed^thehoufecf Yoike had no pretence or ittle at al to che ciowne, for that Edmond Mortimer earlecf march, nephew to the lady Philhp, was then aliue, with bis fifter Anne Monymer marryed to Richard eaile of Cam- brige, by which Anne the howfe of Yoike did after make their clavme, but could not do Co yet, for that the faid Ecroond her brother wag liuing, and fo continued many yeares after, as appeareth , for that wee reade that he was aliue 1 6. ycaies after this, towirt, in the third yeare of the raigne of king Henry the fift when his (aid brother in law, Richard carle of Cambrics was put to death, in South* hampton to the crol^ne. Vart i. Cap. ITT. 75 himpton whom thi? Edmond appe^ched as afcerfhalbc fhewed, and that this Edmond was now earle of March when king Richard vvas depofcd, and not his father Roger i^as Po- lidor milhketh) is enidenr,by rhac that the faid i*^n^or T. Rog^:r was fl.iync in Ireland, a htle before theKichard!' depolitio of King Richard,co witt, in the yr^are IJ98. and not many monethes afcer he had bin declared hevre apparent by king Richard, and Rogers father named Edmond alfo, huC- band of the lady Phillip , dyed fbme three yeares before him , that is, before Roger, as after wilbe (ecne, fo as feing that at the de^ pofition of king Richard , this Edmoi.d Mor- limerelder brother to Anne was yet li'-ing, the qucftion cannot be whether the houfe of Yorke fhould haue entred to tiiecrownc prefently afrer the dcpriuation of kinge Ri- chard ^ for they had vet no pretence as harh binfhewed, bi)t whether this Edmond Mor- timer, as heyrc of Leoncl duke of Clarence, or els Henry the dake of Lancafter heyre of lohn of Gaunt fhould haue entted- For as for the houleof Yoike tlieirwas yet no quc- ftion, as appereth alfo by Scow in his chro-^5^^|« nicle, who fetteth downe how that afcer thcchaidX faid depofition of Richard, the Archbifhop of Canrerbiuy afked the people three tymes^ whom they would haj ceo be their king, whe- ther the duke of Yorkc their (landing prefenc or not , and they anfwered no : and then he afked the fcconde tymc if they would hane his >X 1 ddeft 74 ^. Ccnferemefeuchingfuccefton, elded fonne, the cuke ofAumaile, and th'^ faid no, he alked the third tyme^yf ch. y wo.ilJ haue his yongtftlonne, Richard carle of cam- bridge, and they faid no. Thus write »h Stow, vvher.'by it is euident, thatalbui this eaile cf Cabridge had married nowihc hfterufEdrood Moicinier^by whom hispofterity claymed af- leiward, yet could he not pretend at ihistyme^ 1 cr brothel bt mgyctaliue , who after d\ing vvnhout ilTueJefc a) his right ro her , & by her to ihf houU of Yoikc : for albeit rhiseaile Ri- chard neuc r came ro be duke of- Yoi ke/or that he was beheaded bv king Henry the fift at South mptc n as before haih bu» fiid , v?hile his tldci brorher was a lyue^yei left he a fonnc ramtd Ruhaid , that aftei hym came to be dukeof Yoike, by the death ofhisvncleEd- munddukeofYoikcthntdvcd without ifiue^ as on the other fide alfoby his mother Anne Klortimer,he was earlc of March, and was tl e fiiftof thehoufeof Yorke that made title to theciownc. ^^^^^ So(hattheqncftionnow is, whether after thft the ^1'- depofition of king Richaid, Edmond Mor- title of timer nephew rc rhoued of Leonel^A hieh Leo- dukc^cf' ^^35 the fc cond lonne to king Edward) or rarca(^« els Hc nrvdukeof Lancafter, fonneiolohn of iancluc Gaunt (which lohnvvas third fonne to king r^t'ed lo Edvvan ) fhould by right hauc fucceded to ^i'ird.^' king Richjid,and for Edmond isalleaged,that he wa»» hey re of ihe cider brother, and for Hery is laid, that h« was nccrti by two degrees to f$ thtao^^ne. Tart i. C a p. 1 1 1 1. 7f the ftemmeorlaftking.ihatisrofay , to king Richatd depofed,{hcn Edmondwas, for that Heiify was (onnetoking Richaids vncle of Lancafter, andEdmondvvas but nephew rc- n^uued, that -6 (O fay, daughters fonncs fonnc, to ihe laid king Richards other vnclc of Yoike. And that in fuchacafe, the next in degree of conf^ngoinitie^co the laft king, is to be prefer- red (though he be not of the elder lyne) ihe fa- noureis of Lancafter alleage m.iny proufcs, wheiofibme f halbe touched a htle afcei;& we hauefeene the fame pradized in ourdayes ia France, where ihe Carduial of Buibune by the indgement of che mod part of that realme^was preferred to the crowne for his propinquiry itt blood to the dead king, before the king of Na* uarre,r hough he were oft heclder lyne. Moreouer it is alleaged for Henry thnt his title came by a man, and the others by a wo- ^^^^^ man, which is not fo much fauourcd eith t is by a by nature law or reafon , and fo they faye^^®*^** that the pretendcrsof this title of lady Phil- lippe that vvasdaughtei of duke Leonel, ne- wer opened their mouthes in thofc daycs to clayme, vntil fome 50. yearcs after the de* pofition & death of king Richard. Nay more stoTv 19 oucr they of Lancafter lay , that Irxteene^.^^'"^'^* yeares after the depodtjon or king Richird, si-ic^n^ when king Henry the fift was now in pt/f- ielfion of the crowne , certavne noble ine,t^ efpecially Richard eaile of Giml^ndge^ that had matrjcd this EJiro id Mommas' X 5 fift^^r 7 5 A Conference touching fuceefion lifter, oftred to haue flayre king Henry and rol.aue made the faid Edmod Motrytrer kinge, for that he was dikended of duke Leonel , but he refuftd the matter, thinkin g it nox to be ac- coiding to equine, and fo went and difcouered the Vr hole treafon to the king, wheiup^jothey ^j^^^^j^^ were al pot to death in Southampton^ wiihm cfcam- fuwie or fiuc dayes after, as before hath bin ccu^trcT* *^^^^^d,and ihishapencd in thcye^re i4ij.and *orcon. f^om hence foieward votil ihr yr ate 1451. and fpiiacy. jhitrech of the reignc of king Henry the flxt, which was 36 yeares after the: execution, done vppon thefe conlpitatois, no more mention or prcjece wasmadf^ofrhis matter, at vvhatiymc Richard duke of Yorke began to moue ttoo- birs about it againe. Thus fay t hofe of the houfc of Lancafter,but nowihefe cfYorke haue a great argument for An cbic-^hemfchies, asto them it feemeth, which is, ^oufor that inihe yea eofChriil 1505. and 9. yeare ?h«£d reigne of king Richard the fecond it tDcud vv:s declaredby aftcf pailament ( as Pohdor mer^vvas^'ii'^^^i) ^^at Edm.ond Mortimer, who had declared m^rryed Pbilhp daughter & heyre of Leonel pSc'nr*' vHike of Clarence, and was grandfather to the poiydorl. laft Edmcndby me named, fhould be hcyrc stovv. in ^Pp^f^nr to the crovvne , if the king fhould ?it PJch. chance to dye without ifTuc. aaa.ij^s which obifdtion thofc of Lancafter do anfv^'ere,fiift, that Polidor doth err in the per- ron,vvhenhe fayeththat Edmond hufband of lady Philippe was declared fur heyre apparent, tor that te the m^nt. Tart i. C a p. 1 1 1 1. 77 for that his Edmond Mortimer that mirriecj lady Philippe, dy^d peacably in Ireland three ycaies before this parlament was holden, to vvitt,in the yeareof Chrift 1381. as both H oU HoHmgr. lingf head Stow and other chroniclers do tefti- J^f^^^^^J^j, fie,and thcrfore Polidordoth erre not only in z. pag. ' this place about this man, but alfo in that in an ^^^^^ other place hefayeth, that this Edmond fodc- ijsi. clared heyre apparent, by king Richard, was (layneby the Infh in Ireland ii.yearcs after this declaration made ofthe fucceflion, to wit Polydor ^ in the yeare i}94. which was in deede not j'^^ *^* this man,biu his (onne Roger Mortimer,heyrc tohim, and to the Lady Phillip his wife who was declared heyrc apparent, in ihcparlament afore faid^at the inftance of king Richard, and that for efpecial hatred & malice (as thefe men fay) vhich hedid beare againft his faid vncle thedukeof Lancafter, and his (bnne Henry, whom he defired to exclude from the fuc- ceflion. The caufcof this hatred, is faid tobe,fprthat The^ prefenrly vppon the death of prince Edward ^^^^^^^^^^^ father to this Richird, which prince dyed in twcene the yeareofChrift 1 376. and but 10. monethes ^hafd^d before his father king Edward the third : their the hoafc Wanted notdiucrs learned and wife men in ^j^^*^' Ingland , that were of opinion that lohn of Gaunt duke of Lancafter, eldefllonne then li- uingof the faid king Edward, fhould haue fuccededhis father, iure propinquitatis y before Richard that was but nephew, and one degree X 4 further A Conference touching fucce fm further of then he , but the old king was Co exiremly aftcftjonate vnto his cldcft fonne, the blacke prince Edward, ncvvl)^ dtad, thac he would not heare of any to lucccde him lohn fro-(^^ Frofard faith) but only Richard the (Iiid lard in princcs fonnc. Wherfore he called prcfently a parlament, which was the laft that euer he bdd, and theiin caufed his faid nephew Richard to be declared heyte apparent , and made his three Tonnes then liuing, that were \nclcs to the youth, to wiitlohn of Gaunt, duke of Lancafter^and Edmond Langhly duke afterward of Yorke, and Thomas woodftock duke ofGlocefter , to fweare fealtie vnroRi- chaid, as they did. And albeit lohn of Gaunt al his life after, for kepmg of his oth that he had made vnto his father ^ neuer pretended any right to the crownc, yet king Richard knov\ing wel the pretence that he and his might haue, was ftil afraid of him, and fought infinite meancs to be rydd of him , fiift by perfwading him to goe and make warr in Spainewher he thought he might mifcany in rolydon dangerous an attempt, and then offering Movv^n^^ giue him al AqiJUaine if hewculd 1 aiic vira^Ri- Ingtaud to goc Sc liuc ihe e^ as he did for three chatdi » yeare?,vvith cxircmcpeii!, for that rhc people uf Aqiiitai: e \r.ould nor receaue him, but rofe agaiiift him , and refultd his gouer- rrcnt , rmd would not admiii him fur thtir Lord, bur aprealed to the king , who alio atlluwed iLtiuf, and fo when lohuofGaont to the cro^ne. Van 2. C A p- 1 1 1 1. 79 came home into Ingland againe, kinge Ri- chard thought no better way to weaken him, then to banifh his Tonne , Henry duke of Herford , and fo he did. And befides this, the king^Richard pracftiTed alio bydiuers feciet drifts , the dejth of his faid vncle the ^ukeofLancafter, as Walfingham wimefTeth and when the faid duke came at lenghte lo^itRi- dye, which was in the 22. yeareof king Ri. pa^^^^t* chards raigne he wrote fuch ioyous Ictteiso^ I44« therof (as froflaid faith) to his father in law thefixtCharles kingof France, as though hel^ljfjn'^^ had bin dehuered of his chiefeft enemy,noi im- vu. Hetu magining that his ow'ne diftru(5l:i5 was (b necre at hand^and much accelerated by the death of the faid duke,as it was. Andihefc were the caufes, fay the fauo- rers of the houfe of Lancafter , v^.hy king Richaid caufed this ade of parlament to palfe in fauour of Roger Mortimer^& ^"P*^^' vvh iudice of the houfe of Lancafter, and not forgci Mor- that t^ic right of carle Mortimer, was bet-Jj^^^*^'^^ ter then that of the duke of Lancafter. And cu ted this they fay is no new thing for princes ^f)'^^ oftei tymesto procure partial law-es to paflc^*^^^^* in pulnmenr, for miatter of fucceiTion , ac- cording to their owne afFedions, for the like (fay they^ did Edward the ihird procure m the fauour of this Richard , as before I hauc f hewed in the laft parlament , bifore his death, and atcerward againe king Richard ihe thiid with much mere optn iniuftice^ X S caufei So A C onfercfice touching fuccef ion caufcd anaftofparlamenc lopailein hisdaycs^ rvherby his nephew lohn de la pole earic of ^^vit"li ^*"^^^"^>^^"''*^ ^^^^^ Elizabeth duchellc Saldr ofSuffoIke, was declared heyre apparent to Icm*^^/ the ciowne, excluding ihetby the children of Edvflrd his two elder brothers, to wit the daughters of #.pa,j7i5 king Edward the fourth, and (he fonne and daughter of Gcorg duke of Clarence , vvhirh yet by al order fhouldhaue gone before iheir fillers children. And like facilirie founde ki g Henry the 8* to get theconfent of two parlaments, to giuc him authority toappointe what fucceflTor he would , of his owne kynred , by whic h au- thority afterward he apoinied by his tc ftament fas in an other place fhalbe f hewed) that the ifliicofhisyongcr filler mary , fhoiild be pre- ferred before the iflue of his cldeft filler Marga- ret, of Scotland, flrhede- A like declaration was that al(o, of king dataiioii Edward the fixt, of late memory- who ap- or King , 1 I • ^ I ^ Bdv/ard pointed, the lady lane Gray his colen germane uourof J^^^o^^^ • be his heyre and fuccefior in the the Lady crownc of Ingland , and excluded his owne Gis^ ivvofiftcrsjihe lady Mary and the Ldy Eliza, beih from the fame; but rhele declaratios make litletothepurpofe when right and equity do repugne,as thefe men fay that it did,in the fore iaid declarati5 of Roger Moi timer, to be heyre apparent, for that they hold and auow the houfcofLancaftcr, to haue had the true right coeacer,noionIy after the death of kingRi* chatd tothecroT^ne. Part i. Cap. HIT. 8i chard the fecond (as it did)but alfo before him, that is tofay,immcdiatly vppon the death of king Edward the third, for that lohn of Gaunt was then the eldeft fonne^w hich king Edward had lyuing, aijd neerer to his father by a de- gree, then was Richard the nephew. About which pointe to wit, whether the vncle or the nephew! hoiild be preferred in fucceffion cfkingdonies, it feemech that in this age of K. Edward the third there was grear trouble, and conrrouerfy in the world abroad, for lo te- ftifieth Girard du Haillan Counceler and fecrc- tary of France,in his ftory of the yeare of Chrift 1 346. which was abour the middeft ^^"S^jf^jj^^ Edwards reigne , and theifore no maruaileHaiiianL though king Edward tooke fuch care '^^^'^^ ^^'^^1,^1, fure eftablifhing of his nephew Richard inti#"' fucceflion, as is before related. And miichlcflc maruail is it if king Richard had ftil great ie- lofyofh^s vncle the duke of Lancafter, and of his oflpiing, confidering how doubtful the queftion was among the wife and learned of ihofedayes. For more declaration whcr-of I thinke it not amifle to alleage the very v vordes of the forefaid chronicler with the examples by him recited, thus then he vvriteth. Aboutthis tyme (Tayeih he} iheirdid arifea^yi^^^ great and doubtful queftion in the wor]d,whe-thci vn- thervncles ornephewes,thatis toray,theyon-jj^gp,J*^ ger brother, or els the children ofthe elder, wcs to be fhould fucced vnto realmes andkingdomes,?^^/^"/^ y vhich CQtiouerfy put al chtii^ianity into great cei&ga. bioyles Si A Conferencefouchtngfuccefm-. ^> broyles and trooblts For fiill Charles thefecod ^> king of Naples begat of Mary his wife Quccnc and heyre of Hungary , diuers children, but ^, narticly three Tonnes, Mirrel,Roberr,and Pnil* j> lip,Marf( l dying before his father Ufc a fonne ^» named Charles, which in his grandmothers 5> right was king alio of Hungary, but abouc ^> the kingdome of Niples the qutlbon vvas^ 9} when king Charic s vvas dead,w ho fhould (be S^ceedhim, either Charles his nephew king of ^5 Hungaiy, or Robert his fecond ionne,b«)t Ro- i> bert was preferred and reygned in Naples, and j>enioyed the earldome of Piouince in France jjalfojforihefpaceofjj.yeares with gieat re- »y nowneof valor & wildome. And this is one 5) example that Girard recounteih, wh ch exam* pie is reported by the famo^ lawyer B iriholut Foiirem. in h is commentaries;, touching ^he fucccffion ^J^g|j^";ofthekingdoirec:f Siciha, ai.d he faith, that «cd. this fuccelljon oft he vncle before the nephew, j> wasauerredaifo for rightful by ihelearend of ^> that ly me»and confit d for iuft by the iudicial 5> (entence of Pope Boniface.and that for the tea* ^» funs which afterward fhalbe f hewed, whea we fhal treat of this cjueftion more in par- y) ticulcr. Thefc- Another example alfo reportcih Girard, corid cK which infued immediativ after, in the fame tacvnclc. pl ice, for that the for faid king Robert, haning a fonne named C harles , which dyed before >) him, he left a daughter and heyre named loan, $9 ncccc vnco king Rgbcu,wbich loan was mar- lied Barthol, in autcnt ^towecrol^m. Tart 2. Cap. HIT. 85^ ried to Andrew cheyonger fonne of the foie- faid Charl,v\ bo was (onne to Phillip bcfurc meg- nonedjvongerbrocher to king Robert, which Lewis pretending his right to bebt^tts^^r rhcii ihatoffoin for chat he was a man,and one de- gree neerer to king Charles his grand father then foan wa her this lohn Balliol founder of Balliol College in Oxford that now pretended the crowne, asdifcended from tho cldeft daughter of Dauid in the th ird difcenr. Ifabel the fecond daughter of Dauid, was married tojRobert Brufc,Earle of Cleueland in Ingland , who had iflue by her this Robert Brufe, earleofCarick, the other competitor. Now then the queftion betweene thcfe two co- petitorswMs, which of ihemfhould fucccfde. . ether lohn Balliol that was nephew to the elder daughter or Robcit Brufe that vva* fonne to ahc to the CYtft^M. Tdrt i. Cap. II 1 1. 87 theyongcr daughter, & fo one degree more neerc'totheftock or ftcmme then the other. And albeit king Edward the firft of Ingland^ whofe power was dreadful at that day in Scot- land, hauing the matter referred to his arbi- trement, gaueftntencc for lohn Baillioi, and Robert Brufe obeyed for thetyme, inrefpedfc partly of fearc and partly of his oth that he had madetoftand to thatiudgment: yet was that fentence held to be vniuft in Scotland,and fowas the crownc reftoted afterward to Ro- bert Brufe his fonne, and his po(terity doth hold it vnto this day. In Ingland alfo it fclfc, they alleage the ex- t. am pies of king Henry the firft preferred ^^^^^^fj^l^^ij^ his nephew William, fonne and heyrc to his cider brother Robert, as alfo the example of king lohn preferred before his nephew Ar- thur, duke of Britany , for that king Hen- ry the fecond had fower fonnes , Henry, Ri- chard, Geffrey, and lohn, Henry dyed before his father without iiTue , Richard reygned after him and dyed alfo without iflue: Geffrey alfo dyed before his father, but left a fonne named Arthur duke of Britanie, by right of his mother. But after the death of king Ri- chard,thc queftion was who f hould fucceede^ to wit,either Arthur the nephew or lohn the vncle, but the matter in Ingland was foone decided: for that lohn the vncle was preferred I before the nephew Anhur, by reafon he was Imcieneeietohis brother dead , by a degree \ Y thea 88 A Conference touching fuccefwn ^| then was Arthur. Andalbeit the king of Frace \ and fome other princes abroad oppoled them-* ^ felues for ftomack againft this fucceffion of king lohn, yet fay thcfe fauourers of the houfc ofLancafter, that the Inglilh inehncd ftil to acknowlege and admitt his right, before his nephew, and fo they proclaymed this kingc Hoilingf. lohn for kingoflngland , whiles he was yet head in in Nortnandie, I mcane Hubert Archbifhopof liannis^*^^^"^^'^^"^^ Elcnot the Queene this mother, pag.142. Geffrey Fitz peter chiefeiudge of IngIand(vvho knew alfo what law meant therinj and others the nobles and Barons of the rcalme, vvithout making any doubt or fcruple of his title to the fucceffion. How Ar. vvhef as thofc of the houfe of Yorke do thuraukcalleage, that king Richard in his life tyme, ^^'^"^^'^"vvhen he was togoe to the holy land^ caufed declared his nephcw Arthur to be declared heyrc appa- heyrc^ap. j^ntto the crovvnc, and therby did 1 hew that his title was the better, they of Lancaftcr do anfwere, firft, that this declaration of king Ri- chard, was not made by ad: of parlament of England, for that king Richard was in Noi- mandy when he made this declaration , as J^^^^Hoi.playnly appeareth both by Polidor and Hol- lingh. in lingfhead. Secondly, that this declaration was char^i" made the fboner by king Richard at that tymc, f agi4jo. therby to reprelfe and kepe downe ihe ambi- *• tious humor of his brother lohn , whom he feared lead in his abfence, if he had bin decla- ttd for heyre apparet^might inuadc the crownc^ as in totheCYO^ne. Vart 2. Cai>. HIT. §9 fts in dede without that , he was hkc to haue done, as may appeare by that which happened in his faide brothers abience. Thirdly they fhew, that this declaration of 5. king Richard was neuer admittc d in Ingland, neiiherdnkeluhn would (ufFer it to be admit- ted, but raihercaufed the bifhop of Ely that was left gouernour by king Richard,v vith co- fcntofthe nobility, to renownce the faid de- claration of king Richard in fauourof Arthur, and to take a contrary oth to adtritt the faid lohnjf king Richard his brother fhould dye without jflue, and the like oth did the faid Bi{hopofEly together withe the Archbifhop of Roan, that was left in equal authority with him,exaaiie them their priuileges and li.P^g45>«. berties ofcomunaltie, as Hollingfhed recor- deth. And laftly the faid Hollingfhed vvritetb, how that king Richard being now come home againefrcmthcwarrofHieru(alem 5 and void ofthat ielofy of his brother, which before I haucraentioued: he madehislaft wiland tefta- ^^^^ ^ ment, and ordeyned in the fame, that his bro- hcadpag. thcr lohn, fhould be his fuccelfor, & caufed al the nobles there prcfent ro fweare fealtievnto him, as to his next in blood , for which caufe Thomas Walfingham in his ftory writcth ihefe wordes, loannis Ttltus iunior Ucnrtci 2. Anglortmy^^^^^* regis, & Alienors Ducifx, AqmtdniA, non modoiuredig.s^Uf^ fropinqmtatis.fed etiam ujlamento frmis fuiy R/-^"** Y 1 ishardi 90 A Conference teuchkg fmeftdn chardiy deftgnatus eft fuccejfo i ^oft mortcM ipfius^ Which IS, lohn yongei fonnc of Henry the (e- cond king of Ingland, and of Eleanor duchcffc of Aquitainc , was declared fucccflbr of the crowne not only bylaw and right of neerncs of blood, butalfo by the wiland reftamcnt of Richard his brother. Thus much this ancient chronicler fpeakeih in the tcftifying of King lohns title. By al which examples, that fell out almoft within one age in diuers natios ouer the world (letting paffe many others which the Ciuilian touched in his difcourfe before, for that ihcy arc of more ancient tymes) thefe fauourers of the houfe of Lancaftcr do inferr, that the right of the vncle before the nephew, was no new or ftraunge matter in thole day cs of king Edward the third, and that if we vvil deny the fame now, vve muft cal in queftion the fuccc(l fion and right of al the kingdomes and ftatcs before mentioned, of Naples, Sicilie, Spaync, Britanie,Flanders, Scotland,& Ingland, whofc kings and princes do euidenily hold their crownes at thisday by that very title, as hath hin f hewed. Opinions Moreouerthcy (ayc, that touching law in of ^»-^^thispointc, albeit the moft famous Ciuil la- thc*nc- ' vvycrs of the world, be fomc what deuided in phew & the fame matter, fome of them fauonring the vncle,and fome other the nephew^and that for different reafons. As Baldus Oldratus^ Pa< normitanus and diaers others alleaged by GuiUelrous to the crolifne. Tart i. C A p. 1 1 1 1. 91 Guilldmus Benedidus in his repetitions in fa- ctp^'^iul uour of the nephew againft the vncle » and on nucius the other f>de,for the vncle before the nephew, ''^^^^ BattolaSj Akxander,Decius,Altiatus,Cuiatius tcftam. and many other their followers, are recomp- ted in the fame place by the fame man , yet in the end, Baldus that is held for head ofB^ldus in the contrary fide, for the nephew , after al rea-^^^i^p" fons weighed to and fro, hecommeth to con- ^uis St diide^ that feing rigour of law runneth only Jcd'&pcr. with the vncle,for that in deed, he is properly^ U. vnicam neereftin blood by one degree, and that only ^^^^^^ indiilgence and cuftome ferueth for the ne- & nouif. phew, permitting him to reprefent the place of his father, which is dead, they rcfolue (I fay) that whenfoeucr the vncle is borne before the nephew, and the faid vncles elder brother dyed before hisfather (as it happened in the cafe of lohn of Gaunt and of king Richard) tbcirtbc vncle by right may be preferred, for chat the fold elder brotber could notgiue ortranfmitr^ that thine to his fonne, which was notii himfelfe before his father dyed, and confe* quently his fonne could not reprefent that which his father neuer had y and this for the Ciuillaw. Touch ing our common^ hawes', the fauou-To«* rersoflancafterdo fay twoor three things, firlt^|j|JJ^^o* that the right of the crowne and intcreft ther-iaw of unto is not decided cxprefly in our lav^ , ^"^^^'^^ nor it is a plea fubiecft to the common rules ihercfj but is fuperiour and more eminent^ Y 3 and 91 A Conference touching fuccefton and rherfore fhar men may not iudge of this as of other pkras of parricukr perfons^nor is ihe tryal like, nor the common maximes or rules alvvaies of force in this ihing , as in others, which they prouc by diners particuler ca(cs» as for example, the vvidowc fa priuateman fhal haueherihirdesofal his landesforher dowry, burnottheOueeneof thecrowne. Aeaine if Different , , ^ . . julei n a priuatc man hauemany daughters , and dye of^^i*;^*^ feazed of any landes in fee limple, without crovvi.c heyrenule^hi.^ faid daughters by law fhal hauc and of (he faid Undfs as copaiteners equally dcuided heman^ '^^^^'veene them, bur not the daughters of a - king, fur that the cldeli muft carry away al, as though fhe were hey re male. Thelyke alfois feenc, if a b uon matche with a femme that is aninherctux, and haueillue by her, though fhedye, yttlhal he enioyc her landes during hjs lyfe, asrenanc by curtefie, but it is not fo in ihecrowne ifaman mary with a Queen e, as king Phillip dyd- with Quecne Marye; and fo finally they (>ye alfo ihat albeit in priuate m,ens pofleflions, the common courle ofour law is, rhar if the father dye feazed of landes in fee fjmple, leaumgayongerfonneanda nephew, that is to fay a child of his elder (bnne, the nephew fhal fuccede his grandfather, as aUb hcfhaldohis vncle, if of thr«brctheren the elder dye wiihout iHue, and the fecohd leaue a fbnne: yet in the inheritance and fucceflion ofthectowne itgoethotherwife, asbyal the former eight examples haue bia fliewed , and to the croT^ne. Tdrt i. C A p. 1 1 T I. 9 J this is the firft they faye about the commoa law. The fecond pointe which they afficmc is, The cora that the ground of our common lawes , confi- grounded ftethprmcipaliy and almoft only, about thisincudo- pointe of the cfowne , in cuftome , for fo fay they we fee by experience, that nothmg in ef- fect, is written therof in the common law, and al old lawyers do affirme this pointe, as were HamlfmdeGramilU in his booke of the lawes and cuftomes of Ingland, which he wrote in the ty me ofking Henry the fecond , andludgc Tortefcue in his booke of the prayfe of Inglifh lawes, which he compiled in the tyme of king Henry theiixt, and others. Wherof thefemeii do inferr, that feing there are fo many prefidets and examples alleaged before , of the vncles cafe preferred before the nephew , not only in forayne couniryes,but alfo in Ingland • for this caufe (I faye) they do affirme, that ourc5moa lawes,cannot but fauour alfo this title,ind co- fequently muft needs like vvelof the iniereft of Lancafter 3 as they auouch thatal the beft old lawyers did in thofe ty mes : Sc -for example they do record two by name , of the moft fa- mous learned men which thofe ages had, who not only defended the faid tide ofLancafter in Ancient thofe dayes,but alfo fuflfred much for thefame. tha7dc* The one was the forenamed iudge Vortefcue^ fended i Chancelor of Ingland, and named fiiher of^^/r^^^f' the common lawes in that age , who fled out cafta. of Ingland whith the Queene , wife of king Y4 Hemy 94 ^ Conference touching fuccefm Henry the fixt, & with the prince her (bnnc, andhaedin banifhment in France, where it (cemcthalfo that he wrote his learned bookc Holling. intituled de Uudibus legum Angltd. And iht other ? was. Sir Thomas Thorope chiefe Baron of the 13 00^^ cxcheker,inthefamereigne of the fame king Henry the fixt , who being afterward put into the tower by the Princes ofthe houfc of Yoi ke, for his eger defence of the title of Lancafter, remayned ther a long tyme, and after being dc- liuered^was beheaded at hygate in atumuite^ in the dayes of king Edward the fourth • Thefc then are the allegations which the fa- fummcof uourers of the houfe of Lacafter do lay downc ttoucrfic^^^ the iuftyfyingof that title, affirming firft, fcpcaicd. that lohn of Gaunt duke of Lancafter ought to haue fucceded his father K, Edward the third, !• immediatly before king Richard, and that in- j iury was done vnto him in that king Richard 1 was preferred. And fecondly that king Richard a. Cvverc his right ncuer fo good^ was iuftly 8c orderly depofed , for his euil gouermenr, by lawful authority of the common wealth. And thirdly that after his depofition, Henry duke of Lancafter, fonne & heyre of lohn of Gaunt, was next in fucccflion eucry way , both in rcfped of the right of his father, as alfofor that he vvas two degrees neerer to the king depofed then was Edmond Mortimer defcen-^ ded of Leonel duke of Clarence, andthefe arc the principal and fubftancial ptoofcs of their light and tide. tothem1i?ne. Tart Cap. I III. 9/ Butyetbefidcsthefe, they do add al(o thcfc^jjj^" ^ other arguments and cofiderarions following: ofUac»- fifft that what foeuer right or pretence the houfe of Yoike had, the prmces cherofdid for- feit and leefe the fame many tymes, by their co- {piraces^reheHions &: attainders, as namely Ri- chard earle of Cambrige, that married the lady Stovvin Anne Mortimer, and by her tooke his pretence to thecrowne, was conuicftedof a confpiracy pag.ssjr* againft king Henry the fift in Souchampton, as before 1 haue faid, and there was put to death '''j^^^ forthcfame,byiudgmentoftheking, and ofyorikT al his peeres, in the yeare 141 j. the duke ofj|||^^^* Yorke his elder brother, being one of the iury that condencd him. This carle Richards fonne, alfo named Richard, comming afterward by the death of his vncle, to be duke of York, firft of al made open clayme to the crowne, by the tide of Yorke. But yet after many othes fwornc and broken toiking Henry the fixt, he wa« attaynted of treafon : I mcane bothe he and Edward his fonne, then earle of march, which afterward was kii\g, with the reft of his of- fpringc euen to the nynth degree^as Stow affir- methj in a parlament holden at Couentryjj^^ in the yeare 1459. and in the 38. yeare ofud€. thereigne of the laid king Henry , and the very next yeare after ^the faid Richard was flayne in the fame quarrelrbut the honfe of La- cafter(fay thefe me^ was neuer attainted of any fuch crime. Secondly ihey (aye, that the houfe of Yorke Y J did 9^ A Conference touching fuccepon ^ did eater only by violence, d5^ by infinite blood- Torkscn. fhedd, and by wilful murthering not only of ^ioie^cc. diii^isofthenobilitie both fpiritual and tern- poraljbutalfo of both king Hecythe fixt hym feifandofprince Edward his fonne, and by a Stow m ccrtaine populcr and mutinous eledHon of a incvit. certaine fewfouldiers in Smitbfield of Lodon, Hcajdcd. and this was the enrrance of the howfe of Yorketo the crowne,vvheras king Henry the fourth^firft king of the houfe of Lancafter, en- tred without blood fhedd as hath bin f hewed, beinge called home by the requeftes and letters of the people and nobility, and his cledion & admifliion to the crowne^ was orderly, and au- thorized by general confenc ofparlamenc^ in the doing cherof. Thirdly they alleagc,that king Hery the fixt rhLf P^^ downe by the houfe oFYorke , was a good houfeof and holy king, and had reigned peaceably 40, ^^tv'nc^a yeares,and neuer cooimitted any ad , worthy holy depofition , vvheras king Richard the fecond had many waics deferiied the fame, as him felfc came to acknowledge, and thervppon made a pcrfbnal folemneand publique reiignation of the faid crowne vnto his cofen Henry of Lan- carter, the which iuftified much the faid Hen- ries entrance. 4. Fourthly they alleage that the houfa of Lan- ^^^I^P^^cafterhadbin in pofleflionof the crowne vp^ ofth^ pon thepointcof6o,yeares, before the houfc Lanca ^^^^ ^^^^^ trouble vnto them for the ftci. ' fame, in which tyrac their title was confirmed by many to the cron^ne. Tart i* Cap. I III. 97 by many parlamcnts, othes, approbations, andl publiqueadJsofcheconimon wealth, and by ihe nobles peeres and people therof, and by the * ftates both fpiritual and temporal, and with the cofenc of alforaine nations, fo that if there had bin any faMlt in their firft entrance, yet was this fufficicnt ro authorize the rame,as c fee it was in the title of king William the Co;!- queror, andof his two fonnes. king William Rufus, and king Henry thefirft, that enircd before their elder brother , and of king lohn, that entrcd before his nephew, & of his fonnc king Henry the third that cntred after his fathers depriuarion, and afrer the cledion of prince Lewis of france, as al/b of Edward the third that enrred by depofition of his ownc fa* ther:of al which iitles,y et might there haue bin doubt made at the begining , but by tyme and durance of poffeflion , and by confirmation of the commo weahh, they were made lawfal,& without controuerfie. Fifcly they fay, that ifweconfidcr the fowre king Henryes that haue bin of the houfe ofJJ^^^ ^'^^ Lancallerto wit the 4. 5.6. and 7. and do com. of king* pare the with the other fowei that haue bin of ^'^^^ thehonfeofYorkjto wit Edward the fourth, Richard the third, Henry the eight, & Edward the(ixc,&alrheirad:sbofhac home&abioade, what quietnes or iroobles haue palled,& what the common wealth of Ingland hath gotten or loft vndc reach of them, we fhal findc^ that God hath fccmed to profpcr and allow much moic $S A Conference touching fuccefm more of thofc of Lancafter, then of thoft of Yorkc, for that vnder thofe of Lancafter the tcalmchath cnioyed much more peace, and gayned far greater honor, and enlarged more the dominions of the crowne then vnder thofc of Yorke,and that it had done alfo much more if the feditions, rebelHons, and troobles ray- fed and brought in by the princes of the houfe of Yorke^ had not hindered the fame, as faye thefe men, it was euidenrly fcenc in the tyme ofking Henry the fixt, when their con- tention againftthe princes ofthehoafe of Lan* carter, was the principal caufe why al the Englif h ftates in France were loft, and what garboilcs and troubles at home haue enfued ^cerwards , and how infinite murthers and man flaugbters with chainge of nobility haue bm caufed hereby , and increafed after- ward vnder the gouerment and rule of the princes of Yorke, ncadech not (fay thefe men) to be declared. ^ One thing only they note in particuler, Tht-^ which f vvil not omit (and let it be the fixt ^^i^^^note) and that is, that the princes of Yorke cruel one haue not only bin rigorous and very bloody #ch«! vnto their aduerfaires^but aUb among them- felues, and to their ownekynred, which thefe men take tobea iuftpunifhmem of God vp* pon them : And for proofe heerof , they aU icage firft, the teftimonie of Polydor , who albeit he were a great aduocat of the houfe of Yorke^ as before hath bin noted^ for that j heliued nthecreTi^ne. Tart i. Cap. 1 1 II. 99 heliuedand wrote his ftoryvndcr king Hen- ry the eight , ytt in one place he breaketh foorth into ihtfe wordes , of the princes of this houfe. Crnn non haberent iam tnimicos infeiydot quosfruitiamtxpleYent, & fat ur amity in /^^^^p/^^ Angi^^ €rudelitatm extrtuerunt , proprioque fanguine fuas ub.14. poUure manus. When ihefe princes now had brought to deftruiStion al thofc of the houfe ,^ of Lancaftcr , fo as they had no more cni- myes vppon whom to fill and fatiat their,, crueltie , then began they to exercife their fierfnes vppon thcmfelues , and to embrew ,^ their handcswith their owne bloody thus far Polidon Secondly they do fhew the fame by thecrvtt deedes of both fides, for that the loue, vnion, ^^^^".^ truft, confidence, fayth fulnes , kyndnes , and fuin« of loyaltie of the princes of Lancafter , the one^'J^ P^*^' towardes the other , is finguler and noto- Lanca* rious , as may appcare by the ads and ftu* dious endeuours ot the lord Henry bifhop ofWincheftcr, and Cardinal, and of the lord Thomas duke of Excefter and marques o^ Dorfet y brothers of king Henry the fourth, to whom and to his children,rhey wercmoft faythfuU frendly and loyal , as alfo by the iioblc proceedings of the lordes Thomas duke of Clarence , lohn dnke of Bedford, and Humfrcy duke of Gloccfter , fonnes of the forefaid Henry the fourth,and brothers of king Henry the fift: , (the firft of which three gaue his blood in his feruice^^ the other two I CO A Conference touching fuccepon two fpent their whole liues in defence, of the dignity of the Inghfh crowne, ihe.one as re- gent of France, the other as. prote<5tor of In- gland: by the worthy adls alfo and renomed faythfulnesof thcdukcs of Somerfet , cofcn germans to the faid king Henry thefourth,and to his children, and the proper anceftors of king Henry the feuenth,al vvhic h dukes of So- mcr(et,ofthehoufeof Lancafter, ("being fiuc or fix ifi number^ did not only as Polydor fayeth, affiftand helperheirlbiieraine, and ihe ffolyd.rib.vvhole rcalme, Vtgilijs cutis & permits y that is tofayc With watchfulnes, cares, and offering themfelues to dangers, bur alfo fower of them one after an other, to with Edmond with his three fonnes , Henry, Edmond , and lohn^ ^wheroftwo fucceffiuely after him vvere du- kes of Somcrfer, and the other marques dorfc t) were al fower (I (ay) as fo many Machabyes, ilayne in the defence of their country and fa- mily, by the other fadlio of the houfe ofYoike, which thing faythefemen, f hewed euidently both a maruelous confidence that thefe men had in their quarrel, as alfo a great blefiing of God towards that famiHc, that they had foch louc andvnion among themfelues. j^iflTcn. Bur now in the houfe of Yoi ke thefe men en- deuourtofhcvval the contrary, to witt that •fyorkc. there was nothing els bur fufpition, hatred, & emulations among themfelues, and extreme crueltie ofone againft the other, and fo we fee that as loone almoll as Edward duke of Yorke came to UtheeroSKftie. Tart i. Cap. II II. loi came to be king^ George duke of Clarence his yonger brother confpiredagainfthim , & did helptodriuc him outagame, both ficm the realmeand crowne. In recompence vvherof his faid elder brother afterward notwiihftan- Kin^ Ei. ding al the reconcihation and many othes that paffed betweene them, of new loue and vnion, ^hafa^** caufed him vppon new grudges to be taken & murthered pnuily at Cahs , as al the world knoweth.And after boththeirdeathes,Richard their third brother, murthered the two fonneS of his faid elder brother, and kept in prifoti whiles he lined, the fonne and heyreof his fccond brother , I meane the yong earle of Warwick, though he were but a very child , whom king Henry the feucnth afterward put to death. But Jcing Henry the eight that fucceded^,.^ ^. them, palled cl the reft in cruelcie, toward his ^^/"g^.ovT pwnekynred, for he weeded out almoft alfhat^-«^y cuer he could finde of the blood royal of York, death of and this cither for emulation, or caufcs of his own^ meercfufpiciononly. For firftof al he behed-^^"^^^ ded Edmondde la Polcduke of Suffolk, fonne of his owne aunt lady Elizabeth, that was fifter to king Edward the fourth , which Edward was grand father to king Heniyas is euident. The likediftrudion king Henry went about to bring to Richard de la Pole brother to the The de^ faid Edmond, if he had not efcaped his handcs^^^*'''^^- by flying the realme,whom yet he neuer ceafed iopurfue>vntilhcvYas flaync in the battel of Pauia 1 ox A Conference touchtng fuccefm Pauiain feruiccofchekingofFrace, by whofc death was excinguil hed the noble houfeof ihe dcla Poles. Tli«^ Agaync the faid king Henry put to death Koufcof Edward duke of Buckingham, high conftabie oflnglandjthefonneofhis great Aunt, fifter to the Q^ecne Elizabeth his gradmoiher, and therby ouerthew allb that vvoithy houfe of Buckingham, & after againe he put to death hiscofengermaine Henry Courtney marques of Excefter,fonne of the lady Catherin his Aur, iMnfeof that was daughter of king Edward rhefourth, and attainted jointly with him , his wife the lady Gertrude, taking from her al her goodes landes and inheritance, and committed to per- petual prifon their only fonne andheyre lord Edward Courtney, being then but a childe of leuen yearcs old, which remayned ^o there, vntil many yeares after he was fet at liber- tic and reftored to his liuing by Queenc Mary* Moreouer he put to death the lady Margaret Plantagener,Countefle of Salisbury, daughter ^^^^ofGtoxgcA\^k,Qo(C\zxQnQQ^ that was brother of his grandfather king Edward the fourth, & with her he put to death alfo her eldeft fonnc and hcyrc Thomas Poole, lorclMontaguc, and committed to perpetual pnTon ("where foonc after alfo he ended his life) a little infant na- med Henry Poole his fonne and hey re, & con- demned to death by a6t of parlament('althoi)gh •bfent; Renald Pole brother to the faid lord Montague Montague Cardinal inRome^whcrby he ouer* threw alfo the noble houfe of Salisbury and yvarwick: nether need I to go futthcr in thisScymcii relation, though ihefc men do note alfo, howj^^ih? Edward the fixt put to death tWooFhisownc yncles^the Scytners (brat leaft it was done by his authoi ityjand how that vnder her Maieftie that now is»the Quf enc of Scotland, that .was Q^^^e jicxtinkynneofany other h'ning &thechiefcofScottA titler of the honfe of Yorkc , hath aho bin put 10 death. Laftiy they do note, (and t may not o^^^^Oj^^^^ij thac their is no noble houfe (landing at thiis day noblL> in Ingland inthe ancient ftatc of calling that^^^^V^ it had, and in that dignity dnd degree that itin^"n^|| was in when the houfe of Yorkc entred tobutfuch the crowne/'if it be abouethe ftate of a baro-partc^ ny) but only fuch as defended the right and with Lfc intereftof-ihehoufesofLancafter, atid that al" (Other gteac houfes that tokfe parte with the hc^iifc of Yorke, and did heipe to ruine the houfe gf Lancafter^be either ceafed fincc,or ex* lyrpatedandoucrthrowneby the fame houfe of Yorke It felfe which they affifted to gett th^ ) crowne,& fo at this prefent they be either vni^ ) tedtoihecrowneby confifcatio, or transferred to other linages that are ftrangers to them who I poffefl^d the before. As for example,thc ancient ! houfes oflnglad,thatrerriaihe at this day & were i (lading whe the houfe of Yorke bega ihcr title^ ^. .., [ are, the houfes of Ar6del,Oxford, Northuber-cient^nd. I iandjWeftmcrland, Sc Shrewsbery (for al other hovn i Z that 164 A Cdnfnencft^uMttgfuuepm that are in Inglandat ihisday , aboucihc dig* nicy uf Barons, hauc bin aduanccd fince that ^ tyme) and al thclc fiue houfcs were ihcfe that principally did ftick vnto the houfe of Lan- carter, as iseuident byal Inglifh chronicles. ArondcL For that the earle of Arondel brought in king Henry the fourth , lirft king of the houfe of Lancafter, and did helpe to place him in the dignity royal, comroing out of France with Oxford, hini. The earle of Oxford, and his fonnc the loid Vere, were fo earneft in the defence of king Hery the Cm as they were both flayne by king Edward rhe fourth,and lohnearle of Ox- ford was one of the principal afliftats of Hery the feuethjto take the crowne fro Richard the Kortlium^^^''^* The houfe of Northumberland alfo was bciland, ^ principal aydei toHenry the fourth in getting the crowne, and two earles of that name to wit Henry the fecond and third, were flajne in the quarrel of king Henry the fixr,onc in the battel of S. Alhons, and the other of Saxton, and t third carle named Henry the foufth fled into Scotlad with the faid king Henry the fixr.The ^^^^ houfe of Weftmerland alfo was chicfe aduacer aieiUnd. of Hery the fourth to the crownc,&r the fecod earle of that houfe, was flayne in the pany of Henry the fixt in the faid batcaile of Saxton^ shrcvvf- andlohn eavle of Shrewsbury was likevvifc huiy. flayne in defenceofi he title of Lancafterin the bartailc of Norrhampro,and I omit many other great feruices and faithful endeuonrs which ' many Princes of ihcfe hue noble ancict houfes^ did in tdthecro>ni. Van i. Cap. I III- ioj iid in the defence of the L^ncaftcian kings^ which thefe men fay, that God ha(h rewar- ded with continuance of their howfes vnio this day. Buton the contrary fide,thcrc men do note, Hoa» thataliheold tioufes that principally afliftcd.J^^^Y^^^^* The title ot Yorke, are now extinguif hed, and dcftioycA that chiefly by the kings ihem(elues of that houfe, a$ for example,. the principal pecres that ai^jftcd the family of Yotke, were Mou- bray dpke of Norfolke, de la Poole duke of Suffolk, the earle of Sahsbury and the catle of \Varvvick,of al which the euent was this. lohn Moubray duke of Norfoike the fi^ft^j^^j^^^ confedcratof thehoufeof Yorke, dyed (bonebiaie. after the exaltation of Edward the fourth, without ifliie, and Co that name of Moubray teafedjand the title of the dukedome of Nor- foike was transferred afterward by king Ri- chard the third, vnto the houfe of Howards. • lohn de la Poole duke of Suffolke , ^^^^ The j^'l^ iiarricd the fifter of king Edward the fourth, & poolcs. * Vvas his great afliftant,though he left three fon-» nes, yet alwere extinguifhed without ifTuc, byhelpeofthe houfe of Yorke, for that Ed- Viiond the eldeft fonnc duke of Suffolke was beheaded by king Henry the eight, & his bro^ ther Richard driuen out of the realme to his deftru(3:iQn,as before hath bin f hewed, & lohn their brother carle of Lincolue, wasflayne at Stockfild in feruice of king Richard the third, land fo ended the line of de la Pooles. Z X Richarl io6 A Coiifermetmhihg (uictpon fcoiJfcof Ri^^^^''^ Neuel eatlc of Salisbury j a chifeffe saiesbury cnetny to the houfc of Lancaftcr^and exaltcrof vvkkc" YoFk,vvas taken at the battaile of VVakefild, and there beheaded leauing three fonncs, Ri* chard, tohn and George: Richard vvasearle boiliof Salisbury and Warwick, furnamed the great earle of Warwick , & yvas he that placed king Edward the fourth in the royal feate , by whomeyethc was fl^yne afterward at Bar- ret, and the landes of thefe two great earldo- niesof Salisbury and Warwick, wtre vniied to thecro^vneby his attainder. lohn his yonger brother was Marques ofmontague, and after al affiftance giaen to the faid king Edward the fourth cf the howfc ofYorke, was flayne alfo by him at Earner, and his lands in like nia« tjer confifcate to the crowne, which yet were neuerreftored againe: George Neuel their yon-» ger brother was Archbil hop 6fYorke,& vva$ taken ^ fenr prifoner by the faid king Edward VnroGuynes,vvho fhortly after pined away anddyed,andthisvvasthcendeof al theprin- cipal frendcsjhelpers & aduancers of the hou(e of Yorke,as thefe men do alleage* Wherforethey doconclude,thatforal thefe reafons, & irrkny rrvore that might be alleaged^ the title of Lancafter muft needes feeme the belter title,which they do confirmc by the ge- neral confent; of al the realme , ar king Henry the feuenth his comming in to rccoucr the crowne from the houfe of Yorke,as from v fur- pcrs^for hauinghad the siCkoiy againft king Richard| tathecfclH^ne. ?art 1. Cap. V. 107 the houle of Yotke, which is a token that they l^^^}^^^ cftecmedhis title of Lancafter fufficicnt of itofth^ felfe, to beare away thecrownc,albeit for bet- ^^^^^^^^ ter ending of rtrife he tooks to wife alfo the only lady Elizabeth hey reof the howfe of Yorke, as jJ^^J'^^Jf hath bin faid, and this may be fufEcient for the that way prefenr.in this coiitio.uerfie. was noi * ' Crete* OF FIVE PRINCIPAL HOVSES OR LINAGES THAT 1^0 OR MAY PRITBND TO THE C R O W N S ^ gflngUndy Tifhich are the houfes ofScotlandySuffblke^ Clarence Britanie, and Portugal, andjirjl of al, of the houfe of Scotland^ T^hich csnteyneth the pretentions of the king of Scottes Cap.. V. HAVING declared in the ,'fbrmcr chap- ter, fo much as apparteyncth vnto the general controuerfie becweene the two princi- pal houfes and royal families of Lancafter and Yorke, it remay neth now that I lay before yoit thepatticulerchalenges, clay mes and preten- tions, which diuers houfes and families des- cended ffor the moft part) of thefe two , haue among themfelues^for their titles to the fame. Al which families, may be reduced to three or fowcr general headcs. For that fome do pre- tende by the houfe of Lancafter alone, as tho(e and the Ladj Arbglk. Z 5 families 1 gS a Conference Uuching fuccefm A.^^^^^^ families principally thatdodefccndof the line ^lilies ^ royal of Portngal; fome other do pretcnde b* that do (i^c howfeof Yoikeonly,asthofethat arc del- ?w€n . ^gpj^j Qf George duke of Clarence, fecond brother to K.Edward the fourth. Sotne agayne - wil fcemc to pretend from both howfes ioyned together, as althofc that defcende from king Henry the feuenrh, which are the houfesof Scotland and SufFolke, albeit ("as before hath appeared) others do deny that thefe families haue any true part in the houfe of Lancafter^ which pointe f hal afieiwaid bedifcufled more at large. And fourthly others do pretend, be- fore the two houfes of Yorke and Lancaftcr vvefcdeuided, as the Infanta of Spay nc , du- cheffe of Sauoy, the prince of Lorayne & fuch others, as haue defcended of thehoufe of Bri- tanny and France^of al which pretences &r pre- tenders, we fhal fpeake in order,and connder with indifFercncic what is faid or alleaged of* cuery fide, to and fro, begining firftwith the houie of Scotland, as with that which in com- mon opinion of vulgar men, is taken to be firft and neereft {"though others denye it) for tha; they are defceded of the fiift and eldcft daugh- ter, of king Henry the feuenth,as before in the third chapter hath bin declared, houfc ^ Firll then two perfons are knowne to be of Scutiand. ^^^^ hou(c at this daye that may haue adion & claymetothecrowne of Ingland^the firft is. Lord lames the fixt of that name prcfently feng of Scotland^vvho dcfccndeth of Margaret \t9thtcro*^ni. Tart i. Cap. V. lo^ cldeft daughter of king Henry the fcucth, that was married by her firft marriage to lames the fourth kSng of Scots, & by him had iiTue lames thefifr, and he agaync the lady Mary mother to this king now pretendanr. The fecondperfon that may pretend in this hourc,is the lady Arbella>dercended of the fclfe ^tbella. fame Queeue Margaret by her fecod marriage^ vnto Archibald Douglas earle of Anguis , by whom f he had Margatet that was married to Mathcw Steward carle of Lenox, and by him had Charles her fecond fonne carle of Lenox, who by Elizabeth daughter of Syr William Candifh knight in Ingland^had illueihis Ac- bellanowaliue. Firft then^for the king of Scots,thofe that do ^3^^,^ fauour his caure,(wherof I conftfle that I haue of thc^ notfoundevery many in Inglandj do allcage , that he is the firft and checfcft pretendor of al others,andnextinrucccflion,fortha'cheis the firft perfon that is defcended fas you fee) of the cldeft daughter of king Henry the feuenth,and that in this difcent thcr ca no baftardy or other lawful impediment be auowed , why he fhould not fucceedc according ro the priority of his pretention and birth : And moreouer fc- condly they do alleage that it would be greatly ^ for the honor and profit of Ingland , for that hereby the two Rcalmes of Ingland and Scot* land, fhould come to beioyned, apointe logc foughtfor, and much to be wif hed,and finally iagh are a^c<^ed to his teligion do adde , 3> Z 4 that 1 1 o A Conference mcbing fuccefm that hereby true religion wil coroc to be more fetlcd alfoand cftablifhcd in Ingland, which they rake to be a matter of no Irnale confc- quence, and confideration, and this in efFcd is that which the fauourcrs of this prince doaU leage in his behalfe* But on the other fide, there want not many . thatdoaccompt this pretence of the king of $gainft^^ Scotsiieither good nor iufl:,nor any way e expc- fhekmg dient fot the ftate of Ingland , and they doan^ ^ fwere largely to al the allegations before men- tioned in his behalfe. And firft of al^as cocerning his title, by neer^ nesoffucce(fion,they make litle accompt ther- pfjboth for that init felfe(theyfaye)it mayea- (ily be ouerthrowne,and pioued to be of no va- liditie, as alio for that if it were neuer fo good, yet might it for other confideratipns be reie- €ted,and madeftuftrate, asourfrendthcCiuil lawyer, hath largely & learnedly proued thcfc dayesjin our hearing. To begin then to (peake firft of the king pf Scots title by neernes of blood,thefe men do affirme,that albeit there be not alleaged any ba ftardyin his difcent, from K. Henry thefeueth his daughter, as there is in het fecond marriage J, againft the lady Arbella: yet are there other rea- The king fpns enQugh tp fruftrat and ouerthrcw this LtoTthc^i^yn^c and pretention, and firft of al^ for that l^outcof he is not (fay ihefemcnjof thehoufe of Lan- ^^r^*' carter by lady Blanch the only true heyre cherof^ as bcfuxc hath in part bin f hewed , and Uthftm^ne. Tart Cap. V. in fKalbe aftccvvard more largely, but only by Cacherin Swinford whofe children being vn lawfully begotien^and but of the halfe blood, whether they may by thaclegicimation of par- lament, that was giuen them, be made inheri- table vnto tfie crowne before the lawful daiighterof the whole blood, fhalbe difculTed afterward in place conuenient , when we f hal f alke of the houfe of Portugahbut in the meane fpace, thefc men doprefume^that the king of Scots is but only of the houfe of Yorke, and then affirming further that the title of the houfe ofLancafter,is better then that of Yorke, as by many argumctes the fauorers of Lacaflcc haue indeuored to fhew in the former chapter, theydoinferr that this is futficient , to make voidealclaymeofthe king of Scots, that he maye pretende by ncernes of blood,efpecially feing there wat not at thisday preteders enough , of the other houfe of Lacafler to claymetheic right, fo as the how(e of Yorke fhal not needc to enter for fault of true heyrcs, and this is the firfl argumct which is made againfl theScotif h king & al the reft of hi$ linage,by the fauourers and followers of the faid houfe of Lancafter. A (ccond Argument is made againfl the fai4 kings fucceffion not by them oY Lancafter, but Tbe u\ng rather by thofeof his owne houfe of Yorke which is founded vppon his forraine birth, by boms, which they hold that he is excluded, by the fommonlawesoflngland from fucceflion to |he crowne, for ihat the faid lawes do bar al Z J ftrangcrs Ill a Cenfetence touching faccepon ftrangers borne out of rherealme, to inherite within c^ie land, and this is an argumct hadled very largely bctwecne the forelaid bookes of M. Hales, M. Morgan and my lord ofRolle, &c for that the fame doth concernc much the pre-i tcntionsand claymes ofdiucrs others, that be ftrangers alfo by birth, and yet do pretend to this mccrflion, as before hath bin declared : I f hal repeate breefly in this place, the fumrae of that which is alieaged of both patties in this behalfc. TOuciS" ^^^^ thcny to the general aflertion , that no abwTtto. ftrangerat almay inherite any thing , by any iiyne^ meancs in Ingland, the faid book;es of M. Mor- gan & my lord Rolle do anfwere , that in that vniuerfal (enfe, it is falfe, fox that itappeareth playnely by that which is fetdowne by law in the fcueth & nynth yearesofking Edward the fourth,& in the eleiicth,& fourtCQth of K.Hcrjr the foarth,rhat a ftranger may purchafe land in Ingland,asal(b that he may inherite by his wife if he f hould marry an inheritrix. Hw ftri Secondly they TayCjihat the true maxima or gcri may rule againft the inheritance of ftrangers, is gfoundcd only vppon a ftatute made in the ly. yeare of king Edward the third, and is to be re- ftrayned vnro proper inheritances only, to wit, thatnoperfon borne out of the allegeance of iheking of Ingland, whofe father and mother ▼verc not of the fame allegeance at the tymc of his birth (for fo are the wordes of the ftitute) fluibe able to baue ot demaode 4ny heritage utheaS^ne. Van v Cap. V.] iff Vviihintheiamealleagcance, as hcyre Co any peifon. Thirdly they fay, that this axiomeorgenc-H^cafoni^ ral rule cannot any way touch or be apph>d^/jju[^ to the fucceflion of che crowne, firft for rhac as touchctk hath bin declafed before,no axiome or maxima pfour law can touch or be vndciftood of mat- ters concerning the crowne, except exprefle mention be made therof^and that the crowne ^ ispnuilcged in many pointes that other pti-^ uate heritages be nor. Andfecondly for that the crowne cannot properly be called an inheritance of allcgeancc pr within allegeance,as the wordes of the faid Thc--^ ftature do ftande,for that it is not holde of any ^^^^^JJ^f^ (bperiour nor with allegeance, but immediate i>y aiic- ly from God. And thirdly for that the ftatntc g«^n^«* meaneth plainly of mheritances by dircent(for othervvifeasisfaid an allien may hold landes by purchafejbut the crowne is aihingincor- porate,and difcendeth not according to cheico- nioncourfeofotherpriuate inheritances, but rather gocth by fucceflion as other incorpora- tions do, in fignewherof, no king can by law auoidehis letters patents by reafon of his no- nage, as other common heyres vnder age do, butheiseuerprefumedtobeof fulage, inre- (pedof his crowne, euen as a prior, parfon, deane,or other head incorporate is^vvhich caa neuer be prefumed to be within age, and fo,as any fuch head incorporate though he be an ailiea^ mighc inherilc or demaund landes ia Ingland ii'4 Confemcetouclnngfuccefm England for his incorporation notwithftanding the former (lacute ^ fo much more the ijiheru cour to the crowne. Fourt Wy they faye that in the very ftatute ic Iclfe their is exprellc exception of Infantes dti X(i7,by which wordeSjthefc men da hold to be vnderftood al the kmgs offpring or blood royal,and they do fortifie their proofe, for that otfierwifeking Edward the ?hird being th^n aUue when this ftatute againft ftrangers vvaa roade^and his children alfo,who had difperfed ther blood by marriages ouer alChriftendome, chey would neuer haue fufFred fuch a ftatute to palle to their ownc preiudice, if the heritage of the crowne f hould fall vnto them oi: any o^ theirs, that f hould be borne abroade. And finally thcfc mendofhewe how that lUai^. king Stephen and king Henry, the fecond borne out of the realme, and of patents that were not of the allegeance of Ingland whet^ they were borne, vvcre yet admitted to the crowne without cotradidio in refpecft oftheic foraine byrth, which argueth that by the com* xnoncourfe of our old common lawes , therq was no fuch ftoppe againft aliens, and that if the ftatute made in king Edward the third his dayes would haue derogated or abridged this ancient libertie, it would haue made fpecial mention therof, which it dothe not, as hath by n f hewed, and by ihefereafons it feemeth, ihat they haue anfwered fufficiently to thi$ qJsi^^i^on o( forrayne birth> bpth, for th; ' tdthe ci'oT^ne. Tart i. Cap. V. 114 ^ fcynge of Scotland and al other pretenders that ftte foraine bornCj fo as by this imped imct they inaynot in right be excluded from their fuc- ceflion. So as now I will returns to f he\v the other tea Tons t)fexclafion which men do layeagainft uJUr the houfe of Scotland , wherof one is vrged J^l^^a muche by the houfe of SufFolke,and grounded ^^^^5 Vppon acertayneteftamentofking Henry the^^,^ eight as teforc hath bine touched, by which tcftament the faid houfe of SufFolke, that is to fay, theheyresofthe lady Francis, and of the lady Elenor, neecesto king Henry the eight,bjr his fecond filler Mar y»are appointed ro futceedc in thccrowneof Inglandjbcfore the heires of Margaret the firft filler, tnarried in Scotland^ yf king Henryes owne children fhould come to dye withou t i(Iue,as now they are al ly kc to do, and this teftament had both the kings hand Orftampevntoit, and diuers witnefles name* befides, and was enrolled in the Chauncery & irvas authorized by two adles of parlament,to Vvit,inthei8.and 3j. yeares of king Henry, in which parlaments authority was giuen to the faid kingjtodifpofeandordeyne of this pointc of fucccffion^ as he and his learned Councei | fhould ihinke beft for the weale publike. This is the efFedofthis argument , which 'Anfrve- tlbeit the former bookes of M.Morgan and the ^.^^,^5 bifhopofRolTe, andfome other of the Scor-^a«cnf. tifh fauourers , do feekc ro refute by diuers? ineancs& wayes^as before in the firil chapter of this I \ fiS A Cpnfemce touching fuccefton this difcoarfe is fet down c, and cfpecially laf the leftimonie of iheL, Paget,and Syr Edward ' Montagucjthatfaid the ftanupw^s pucvnto if ^fcer the king was part (tnfe, yet they of ihe houfeofSuftolkc are not fatisfted with that anfwere, for that they fay that at lcaft,how(be* tier that matter of the late feahng be, yetfeing the king willed it to be donne,drawcn out and fealed , itappearcth hereby that this was the lalt vvil andiudgmentofking Henry, and nor reuoked by hymrvvhich is iufticient('faye thefe men) to anfwere the intent and meaning of the realme, and the authority committed to him, by thefprefaidtwoads of parlament^fot the difpofing of the fucceflion , which twd ads (fay the fe men ) contey ning the whole au* thority of the common wealth , fo ferioqfly and deliberately giue, in (o weightie an affaire^ may not in rcafon be deluded or ouer rhrowne now by the faying of one or two men^who for pleafing or contenting of the tyme wherirt they fpake, might fay or gefle that the kings memorie was paft, when the ftampewas pur vnto his teftament, which if it were fo^ yet if he commanded, as hath byn faide, the thing to |?edone, whikhehad memory (as it may ap^ pearehedid, both by the wittnefles that fub^ fcribed, and by the enrolement therof in the chancervj no man can deny but that this was the kings Lift wil, which is cnonghe forfatif- fy ing the parlamcts intention, as thcfe men dd affirmci A fourth Wmero^nei Tart i. Cap, V. tvf A Foanh argument is made againft the king of Scotts fucceffion, byalihe other ^^^V^^^^^^^^l^^ iointly 5 and it fecmeih ro rhcni , to be an argu^ excluded mentthai hath no folution or reply , for that it ^^j^^Jj^ is grounded vppon a plaync frefh ftatute,madc aflbcia- in the parlainent holdcn in the ij. yearc (if I erre not ) of her Maicfty that now is, vvhcrin is xnadted & decreed, that whofoeucrfhalbc co- winced locoiifpirc, attempt, or procure, the death of the Qiieene, or lobepriuy oracccf. farie tothcfame, fhal loofe alright, title, pre- tcnce,clayrneor a(5Hon,that the fame parties or their hey res haucor mayhaue, tothecrownc oflngland.Vppon which ftatute, fcing that af- terward the lady Mary late Queene of Scotlad, moiherof this king, was condemned and exe- cuted by the authority of the faid parlamenr, it feemeth euidcnt, vnto thefe men, that this king vvhoprerendeth al his right tothe crowne of Ingland by his faid mother^ can haue none atal. And thefe are the reafons proofes & argu- ments, which d ircrs men do alleagc againft the ^^j^^^ rightoffucccflion, pretended by the king offidcmio* Scots. But nowe if we leaue this pointc which J^^*^^ concerneth the very right it fdf of his fucccf-ofscotf ceffion by blood, & wil come to examine other reafons and confiderations of ftate,and thofe in particuler which before I haue men- tioned that his fauourers do alleage,for the vii- lity and common good that may be prefumed Will rife to the realme of Ingland by his admif^ fionro 11 8 A Cmfcfcnce toucmgjij^^ iRpnroburcrowne^asalfothe other point ai{?i ofeftablifhmentof religioby them metioned; then 1 fay,ihefe othet- me that are againft his exii trance do produce many other rea(ons and con* fidcrationsalfb, ofgreatinconueniences ^ as to thcmihey feeme,againft this pointe bf his ad- miflion and their reafons are thefe that fi^U low. Firft touching the publiquc good of the gKf h common wealth, by the vniting of both rcalmes of Ingland & Scotland together, thcfe tncn do fayc, that it i$ very doubtful and difpu* tabic whether the (late of Ingland f hal receaue goodorharnie therby,ifthe faidcvnion could l7in"md brought to pafle. Firft for that the ftate and and Scot- condition ofScotlad welcofidered, it fecrfieih, find to- thatitcan bring no other commodity to Ini» ^ * gland, then increafe of fubiedls, and ihofe ra- ther to parricipatethc commodities and riches ^ X)flngland, then to iinpart any from Scotland. Andthenfecondly , the auerfion and natural alienation of that peopIe,from thelnglifh, and their ancient inclination to ioyne with the Freeh & Irif h againft vs,maketh it yciy proba* ble^thati that fubiedlioii of theirs to the crowne of Ingland, would not loug indiire, as by ex- perience we haue fcene, fince the ty me of king Edward the firft^vvhen after the death of their king Alexander the third, without iifue, ihejr chofe king Edward to be their king, dcliuered their townes and fortrefles into his hands , did fweaie him fealcy^reccaucdhis deputy Or.vice* rojr tothecroWfte. Vart 1., Cav. V. up . roy (as Polidorat large declarcth). And yet alj^^l^^^^^ this ferued afterward , to no other efFed: butvit. Ed* only (laughter, bloodfhed, and infinyt lofles^J^^ and charges of Inglan^J. Tliirdiy they fayc. 'that ifthe king of Scots i. f hould come to poflefle the crowne of Inglad, he cannot choofe fat leaft for many yearesjbuc to ftnnd in great ieloiify of fo many other com^ petitorsofthtlnglifh bloodroyal, as he fhal finde in Ingland^againft whom he muft needes fortifie himfelfe by thofe other forayne natios> that may be prefumed to be moft fure vntb him, though moft coptrary by natural inclina- tion, & Icafttollerablcingouermec.tolngliifi men^as are the Scots; of whom he is borne.and rnconnfe- (dancs with whom he is allyed , and French of^J?^^*^ whom he is defcended, and of the vnciuil part ging ftr^. oflreland, with whom one great piece of his realme hath tnoil coniun6lion,ihe authority 5? Tway of which fower nations in Ingland, and ouer Inglif h-men, what trouble it may wprkc caerywife tpan may eafely cpniedturc. Befi- tdes that; the Scots-men themfelues , (fpecially thofe oFthe nobility) do openly profefle, that they defire nor thisconiundlion and fubordi* nation vnto Inglatxd, which in .no wife they tan beare, both for the auerfionthey haue, to allnglifh gouerment ouer them, as aliR) for that their liberties are far greater, as now they line, then in that cafe it would be fuffrcd, their king coming hcciby to be oF greater power td 1 : o A Conference touchhg fuccefm force them to ihe forme of Inglif h fubied/on, asnodoi.bt butm t)me he v\ould. And feirg the grcateft vtihty that in rhis cafe by realonand fMc b^bihiy can bc hcpedfor by ihisvnion, is that theScotifh nation 1 hould come ro be aduanced in Inglad, and to be made ofthenobihty toch temporal and fpiricual, & ofchepriuy councel^andof other lykc digni- derrt\on ^^^^of crtdit and confidence (for orl eivvile no ofinopoi- vnion or an itie durable can be hoped for) and taacc. confidering that the king , boihforhis owne fafetie (as before haih bin faid) as alfo for gra- titude and loue to his owne nation , and allied frends, muft needs plant them about him, in chiefe place of crcdit,vvhich are moftcppofite to Inghf h natures, and by litle Sc licle through occafion of emulations and of conrrouerfies, thatvvil fal out daylie betWixt fuch diuerfity of nations, he muft needes fecreihe begin to fauour and fortifie his owne ^ as we reade Polydot. that William Conqueror did his Noimannes, ^^^^^^"S and Canutus before him his Danes, to the in- credible calamity of the Inglifh nation(though otherwife neither of them was of themfclues cither an euil king 5 or enimye to the Inglifh bloodfbutdriuc hereunto forihcir owne fafiie^ ahdfor ihatitvvas impoflTible to ftand neutral in fuch national contentions : if al this (Ifayj ' fcl out fo then, as we know it did, and our an* ceftors felt it to their ex treme rume,w hat other cfFc(3:can be hoped for now, by this violent vnion tothecro^ne. Van 2. Cap. V. Hi vm'onofnationsy that are by nature fo difnni- ttdand oppofite, as are the I^ghl h, Scoci( h, Iiifhe, Danifhe5Frenche& othei on rhem dc- jpending, which by this meanes mufl: needis be planted together in Ingland, And ifvvercadc, that the whole reahnc oFgj^a^pj^ Spayncdid refufe to admirt S. Lewis king ofofspainc. Ffance,tobe their king inSpayne (to whom yet by law of fucceffion it was euidcnt,& cdn- fefled by the (paniards thcmfelues, is their chroniclerGanbay writeth,that :he right mofi: Garibay clearly dyd appertayne by his mother ^^^dy^j^^^ Dhi* Blanch eldtft daughter and heyreof K. AlonCoizo;. the nynih) and that they dyd this only for that hevvasa Frenchman, and might therbv bring the French to haue chiefe authority in Spayne r and if for this caufe they did agree together, to giuethe kingdome rather to Feixlinando the third that was fonne of Lady Berenguela, yon- gerlifter tothe faidlady Blanch, and if this de- termination was thought at that tyme to be wife and proiiident (though againftal right of lineal fucccflionj and if we fee that it had good fucceflcjforthat itindnreth vnro this day :what (halwefayin this cafeCiay thefe men) where the kinginqueftionisnotyeta S.Les^is, nor his title to Ingland focleere, as that other wai$ to fpayne, and theauerfion betwixt bis nation and ours, much greater then was that betwixt the french and Spanif h, thus they do reafon. Agayne we heard out of thedifcourfe niade^^^^^P^ i)y the Ciuiiian before, how the ftates of Por- Portugal Aa 2 tugal 1 i 1 A Ccnferetta fouchttig fuccefm li^ix^Ji. ^"8^^ ^^^^^ de^ih of their king Dm Verdindn^ An.Dhi do ihc fitft of that name y who left one only daughter and heyre named lady Beattix rbar- ried vnro lohn the firlJ king of Cad i!e, to who the fucce(I]on of Portugal without al contro- uerfie did apertaine, they rather determy ned to chofe for their king abaftard brother, of the fayd Don FemandOinsLtVicd lohn, then to admitt the true inhereior Beatrix with the gouerment ofihe Caftilians , by whom yet (they being inuch the richer peoplej the Poriugals might hope toreape far greater vtility then Inglifh men can do by Scotland , confideiing it is the poorer country and nation. A nd this is that in tffcSt which thefemen do anfvvete in this behalfe, noting alfo by the way, that the Ro- < inas themfelues with al their power, could ne- iier bring vnion or peace betweene theafe two rations of I ngland & Scotlnnde,norhoId the Scots and North-Irifh in obedience of any authority refiding in Ingland,and fd in the end StcTv.pa. they were enforced to cut them of^ & to make ^^•^^•^^•that famous walle begun by Adrian, andpur- fued by other Emperours to diuide them from Inglad^and barre them from ioyning , as al the world knoweth,and much Icffe fhal any one kingliuingin Ingland now, hold them il in obedience,lethim be of what nation, he vvil, and this for the vtility that may be hoped by this vnion. But now for the other pointc alleagcd by the fauourers of Scotland^ about cftablif hm€if ofcme U the craifne. Part i. C a p. V. u 5 faftruc religion, in Ingland, by entrance of this king of Scots, ihefe other me do hold that this is the vvoorft and mod dangerous pointc of al or thc^ pther,confidering what the ftate of religion is ^Ifclti in Scotland at this day , and how difFeren t or ra- land, iheroppo.fitc to that forme which in Ingland ismainteyned, and when the Archbifhopes^ bif hopes, doa nes archdeacons, and other fuch ofeccleUaftical and honorable dignities of In- gland, fhal confider that no fuch dignity or promotion is left now ftanding in Scotland^no nor any cathedral or collegiate church is re- mayncd on fo.otc , with the rents and digni- ties them n to apperteyning, and when our no- ^ilyiie fhal remember how the nobihtie of Scotland is fubicdl at this day to a few ordi- nary and common miniftcrs ^ without any head, who in their fynodcs and aflemblies haue authority to p.ut to.the home , and driuc out of the ^ea,lme any noble maavvhatfbeuer, yvithout remedy or redreffe , except he vvil yeald and humble himfelfc to them, and that the king, himfelfe Ibndcth in awe of this exorbitant and populer power of his mini- ftcrs, and is content, toyeld therunta: it is to be thought ffay thp(e men) that few Inghfb be they of what, religion or opinion fo-euer, vvil fhew themfelues forward to receaue fuch a, I^ljng , in refpedl of his religion, that hath no better order in his owne at home, and thusmuph concerning the King ofScoc* land* Aa, 3 Now 114 -A Conference touching f uccefwn Qf tht^ Now then it remayneth, that we come to- Udy Ar- treat of the lady Aibella,fecond branch of the Wla- houfe of Scotlad^touching whofe title,thougK much of chat which hath bin faid before, for or againil the king of Scotland, may alfo be vn- derftopdetoapparicyne vnto her, forthat I'hc is of the fame houTe, yet fhal I in this place re- peat in few woudes the principal points ihac arc alleaged in her behalfe or prejudice. I, Firft of al then, is alleaged for her,and by her fauourcrs, that f he is defccnded of the forefaid lady Margaret,elckft daughter of king Henry thefeuenthjby her fecond marriage with Ar- chibald Duglasearleof Anguys , and that fhe is in the third degree onlv from her, for that fhe is the daughter of Charles Steward who was fonnc to Margaret Countefle of Lenox, daughter to the laid lady Margaret Queene of Scots,(oasrhislady Arbellais but neece once rerooued, vnto the faid Queene Margaret, ta wit in equal degrteofdiCcent with the king of Scots, which king being excluded (as the fauorers of this woman do affirme) by the cau- fes and arguments before alleaged againft hym^ noreafbn (fay they) but that this lady fhould enter in his place.as next in blood vnto him. ^ , Secondly is alleaged in her behalfe, that fhe An la- asan Inglifh woman, borne in Ingland , and rloman ^^P^^^^^s who at the tyme of hcrbitth were oflnglil halleageancc, wherin fhegoeih be- forcihckingof Scots,ashaih bin feene,as alio iiuhis other principal pointc, that by her ad- miflionj tothecro^ne. Fart i. Cap. V. iij mifTion no fuch incoaiienier.ee can be feared of bringing in (tringers, or cauling tr ^obles Sc fedirion vvirh-in the rcalme,as in the pretence oftheScotilh king hath bin confiJercd , and this in effect is al that 1 haue heard alleaged for her. Biitagaiiift her, by other competitors and tht^ir ffen ^-^t, Ihaue hard diuers arguments of^fbeui. no fmale . portance andconfideiacion produ- ced, wherof the firft i?, that which before hath bin alleaged againii the kingof Scotlad in like maner, to wir, that neither of them is properly ofthe houfeofLancafter, as in thegenealogie fee downe in the third chapter hath appeared. And fcrcondiy that the title of Lacaftei is before the pretence of Yorke, as hath bin proued inj^J^^f the fo irihchapter,vvherof isinferred^rhat ney-th- houfc theie the king of S:ots nor Aibi^lla^are next in clft«r' fucceilio. and for th tt of thefc two propolirios, iher hath bin much treated before, I re nirte metherunto,only promifing that of the firllof the two, which is how king Henry the feueib was of the hou fe of Lancaller^toaching right of fucceflion, I fhal handle more particnlerly afterward when [ come-to fpeake of the houfe of Portugaljwherby alfo f hal appeare playnly what pretence of fucceflion to the crowne or duchy ufLancafter the difcendentcs of the faid king Heiuy can iaftely make. ^ The fecund impediment , againft the lady The tcfta Arbella isf he aforefaid tellament of king Hen- ^-^"^^g. the eight and the two.adls of parlaments for ry. Aa 4 autho- ti6 A Confetence touching fuccefm authorifingofcheramc,byal which is preten- ded that the houlc of Suffblke, is preferred be- fore this other of Scotland. ^ A tliird argument is, for that there is yet li- ^ff/of** "i^goneofthehoufeofSufFolkjtharis neerer darby by adcgrec to the ftemme, to vvit, to Hcry the nccicr by feuenth to whom afcex the difceafe of her % device* « ' Jylaielly thatnowis,wemuftreturne , then is %he lady Arbella or the Icing ofScots,and this is the lady Margeret countefle of Darby , mother to the prefent eaile of Darby vv hd was daugh- ter to lady Elenor, daughter of Queene Mary cfFrance^that was fecond daughter of king Henry the Teucih, fb as this lady Margaret cou- tefleoFDarbj^,isbut in the third degree from the faid Henry^whcras both the king of Scot- land and Arbella ar^ in the fourth, and con(e- quently fhe is next in propinquitie'of blood, & Ihow greatly this propinquity hath binfauou- red in fiich cai^s, though they were of the yo- gerliine, the examples before alleaged in the fourth chapter do make raanifeft. " ^^^^ Fourthlic and laftely , and mod ftrongly of ^y^^^^,z\,ihcydo argue a^ainft the title of this lady, iyc;' Atbella,affirming that herdifcent is not free from baftardly, which they proue fir ft, for that Queene Margaret foone after the death of her firft husband king lames the fourth marrycd fecretly one Steward lord of Anncrdale, which Steward^ was alyue longe after her marriage with Duglas , and confequently this fecond ^rriage with Duglas (Steward being aliuc^ could tothecrd^e. Tart Gap. V. iij, could not be lawful, which they do prou^ alfo by another meatie,for that they laic it is moft cerraine, and to be made euidenc, that the faid Archibald Duglas carle of Anguis had an other wife aifo aliue,vvhen he itiarried the faid Queene, which points rhey fay were fo pu- bhque as they came to king Henries cares, whervppon, he fcnt into Scotland the lord William Howard, brother to the old duke of Noifolkcjand father to the px:.crent lord Admi- ral of Ingland, to enquire of chefe pointcs, and the fiid lord Howard founde them to be ^r^^j^n-^^^ and fo he reported not only to the king, butthcioid aifo afterwards many cymes tootheis,atid i^^- jj^^yy^^j* mely to Queene Mary to whom he yyas lord Chamberlay nc^and to diuets others, of whom many be yet liuing, which can and willte- ftefy the fame, vppon the relation they heard from the-fayd lord Williams owne mouche, vvheruppon king Henry yyas greatly offen- ded, and would haue letted the marriage be- iweene his faid lifter and Doglas, but that they were married in fecret , and had confum- inate their rnarriage, before this yyas knownc, or that the thingcould be prcueptcd,vvhich is thought, was one efpecial caufcand motiuc aifo to the faid king afterward, to put back the iflueofhis faid fifter of Scotland, as by his for- named teftament is pretended, and this tou- ching Arbelks title by propinquiiie ^y^^^^* other But bcfides this, thefame men do alleage di^rcaiom of l(icrs reafons aifo of inconucnienccin refpcd^^^^ V- . - • . / , again ft Aa J cfthcAibeiU. liS A Conferme touching fuccepoH ofche common Vvealche,for which in their opinions it fhould be hurtful to the reahne to admitt this lady Arbella for Qi^^ene, asfirftof al for chvit The is a woman, who ought not to be preferred, before fo many men as ac this tymedoormay lUnd for thecro^vne: and that it were much to hiuc three women to reignc m IngUnd one after the other, vvher-as in the fpace of a-boueathoufaiiyeares before them, there hath not reigned fo many of that fexe^ne- ther together nor a lander, for that from king Cerdick firft king of the weft Saxons, vnta E^brii^ht the htft monarch of the [nohfh na- meand nation, cojiteyning the Ipace of" more then 5 0o.yeares, noonevvoma at al is fotinde to haae reigned , and from Eg bright to the ConqucftjWhich is almoft other ^oo. yeares, nt if the like is to be obferued , and from the con- ►mcn. queftdownewardjVvhichisaboue yoo. yeares, one only woman was admitted for inheritrix, which was Maude the EmprelTe, daughter of king Henry the firft, who yet after her fathers death was put back, and king Srephen was admitted in her place, and fhe neucr reccaued bytherealme, vntil her fonne Henry the fe- cond was of age to gouerne himfclfe , & thea he was receaued with expre(re condition, thaC he fhould be crowned, and gouerne by him- yi.Lii felfe^aad not his mother, which very canditid vvas.pat alfo by the fpaniards not long after, at theiradmittingof the lady Berenguclayongec fifter of lady ^lauch nccfc to kingHemy the fe- cond. Hthecro^rte. Part i. Cap. V. 119 condivvherof beft)xe often mention hath bin made^to wir ihc condition vvas^that bet fonnc F.rnado fhuuU gouerne, and noc fhc^thoi gh his tbeipg firfl^ married to Lewis the ii. king.of pJfanc^ , was afterward married.to,CKarIps Brandon duke of Suftolke, who bifing feat ouer to condole the death of the laid king, g^t the goodwill ta marry the widow Queene , though the com- mon fame of al men wasjthat the faid Charles had a wife lyuing at that day, and diuers yeares after, as in this chapter we I hal examine more in partjculer. The imie ^^^^ Chatlps Bf ^ndojn t^h^n^duke of Suf- efchat- folk, this Qupne M?ry of France liad. two. daughters,firlt the bdy FraQcis marricd to Syc Henry Gray marques Dorfer, and afterward in the right of his wife, duke alfo of SufFolke, who was afterward be-hedded by Queenc Wlary, and fccondly lady Elenor married to Syr H^nry Clifford carle of Cumbeiland. la^^FiL ^ '^^y Francis elder daughter of the 47 " (^leenc and of Charles Brandon, had iffue by her ti>thecrt>^ne. i. Cap. VI. 131 lier husband the faid laft duke of SiiiFolke ; threcdatightcrSjtowit, lane, Catherin , and Mary^ which Mary the yongeft was betroched firft to Arthur lord Gray of Wilton, and afrcr Icfteby hym,fhe was marrycd to one M.Martin stoTv.an. keyes of kentjgentlcma porter ofrhe Quccnes 7 Edon. < honrholde^and after f he dyed without ilfuc. And thelady4iineTheeldfft of the three fi- fters was married at the fapie tyme to the lord Guylford Dudley, fourth fonne to Syr lohn Dudley duke of Northumberland, and was prochymtd Quetne after the death of king Edward /jfbr which ade al three of the, to vvic^ both the father, fonne and daughter in law^» Were put to death foone after. But the L.Catherin the fccond daughter, was married firft vppon the fame day that the ca^^ji^. other two her frftcis vvete , vnt o lord Henry Herbert now earle ofPenbroke^and vppon the falat^d mifery of her houfe , fhe was left by him,andfofheliued a fole vvoman fordiuers yeares, vntil in thebegining of this Quecnei dayesyfhe was found to be with child ^ which fhe affirmed to be by the lord Edward Scymer carle of Hartford, who at that tyme was in France, with Syr Nicholas Throgmorton the Embaflador, and had purpofe and licence tO haue trauailed into Italic , but being called home in hade vppo this new accideni,he cofeC fed that the child was his, and both he and the lady affirmed that they were man and vvife,but for that they could not prouc it by wiineires; Sc 131 A Cofifer(^ce touching fuccefton for attempting fuch a nintch wiihonc of tfie blood royal jWithoiu priuity and licence of ihe princCjihey were comniured both of them to the tower, where they procured mcanes to n^eeteagaine afterward^& had an other chiide, which both children do yet liue, and the c Ider ofthemiscallcd lord Henry B^acham, and the other Fdward Seymer^ the mother of whom lined not long after,4rfKther married the eai le againe,vntil of late that he married the lady Francis Howard^ filter to the lady Sheff(:ild,and thi? is all the iHuc of the elder daughter of Charles Brandon ^ by lady Mary Qneene of France. l^^^ The fecondd,inphter of duke Charles and oils, tic- , ^ . T T-l 1 ZHOU the C^ieenr^ named L.Elenor,vvas married to "^^Henry lordCliford earleofCumbciland , and had by him a daughter named Mnrgarct, that married Syr Hery Stanley, lord Srragc & after earleof Darbv, by whom the faid lady (who yetliuethy hath had idiie Ternande Stanley, now carleof Darby ,\Villiam and Francis Stanley, & this istheiffueofthehoufeof Suffolk, to vvir, this Countelfe of Darby ,\vith her thildren^and ihefe other of the earleof Hartford,of al whofc claymes and titles with their impediments, I f hal here briefly giue accompt and reafon. Firft of aljboth of ihefe fainilies do ioync to- gether in this one pbinte, to exclude the houfe of Scotland both by foraine birth, and by the forefaid teftament of king Henry authorized by twoparlaments^ & by the other exclufions which tothe croTirne. Tart i. Cap. VT. I3J V.hichincach of the titles of the king of Scots ^"^Pjl and of lady Aibcllahath bin before al le aged, the hou- Buc then Iccondly they coni« to vary betweene J^^^^ ^ thcmleliieSjabout the priority or propinquitie hartiord cfd cii owut fucceflion/orthecbildien of the ^^^^^^ cailc of Hdfifordj and their fiendes do allcage , theoihei. thacthty do difcend of lady Francis the elder filler of lady Ek*nor , and To by law and reafon arc to be pre fci red , burthe other houfe allea- gethagainft this, two impedimcnts,the one, that the lady Margaret countelle of Darby now lyuingjis neeiei by one degree to the fteinrrc, that is to king Hemy the leucnth^then arethc children of rhe eurteof Hartford , and confe- qaently according to that which in the former Chad^» fonnhchaptcrhath bin declared, The is to be^a^^-^^** preferred, albeit the children of the faid earle^vyfea were legitimate. ^ Secondly they doaffirire^that the faidchil- Firfl ba. drencftheeatle of Hartford by the lady C^-z^linxi therin Gray, many waies arc illegitimate, Firfttheiflue for that the (aid lady Caiherin Gray their mo- fj^^^/ * ther was lawfully married before to the earle of Penbrok now liuing,as hath bin touched^ and publike lecordes do teftifie , and not lawfully srow in feperated nor by lawful authority, nor for ^"ft^^^*^^*^* caufesjbut onlyfor temporal and wordly vc^An]u$t, fpedsjfor that thehoufeof Suffolk was come into mifery & difgrace, vvherby fhe remayned ftil his true wife in deede and before God, & fo could haue no lawful children by an other Whiles he liued as yet he doth. Agaync I}4 ACcnferehcctouchwgfuccefm s-^Baftai. Agaync they proue the illegitimatio of thefe children of the earle ofHauford , for chat ip could neucr be lawfully proued that the (aid carle and the lady Catherirt were married^ hue Only by their owne alTertions, which in law. i$ not holdenfufficient, for which occaficn the faid pretended ttlarriage vvasdifanulled in the tourtbf arches, by publiqu^^dcfinitiue fen- tence,of Dbdkor Parker iarchbifhop of Caa* terbury,and prymate of Ingland^ not long af- ter the birth of the faid children, i^aftar- Fiirther-morc they do add yet an other ba- ftardy a]ro, ii> the birth of lady Catherin her felfe,for that her father lord Henry Gray rhar-. quesbfDocfet, Wasknbwne to l^aue a lawful %ifeaiiuevvhenhe married the lady francis;; daughter and hey re of the Qujf ene of FranCe^Sc of Charles Brandon duke ofSufFolke,and mo- ther of this lady Catherin , for obteyning of which gr^at marriage 5 the faid marques, put away his forefaid lawful wife, which was fip terto the L, Henty Fytzallen earle of AiondeJ; vvhich diforder was ocfcafion of much vnkindr nes and hatred beiweene the faid marques and icarleeuer after. But the pbWer of the marques Sind fauour with king Henry in ivomens mat- ters, was fo great at that tyme^^s the carle icould hauenoremedie, but only that his faid ififter who lined many yeares after, had an ?in- puityeout of the faid marques landsduring her lik^Sc liued fome yeaies after the faid marques (afterwards made duke)vvas put to death in Quecne Maries ty me. Thefe then arc three waies,by which the fa* xnily of Darby do argue the iffue of Hartford to be illegitimate^ but the other two houfes of Scotland and Clarence^ doVrge a former ba-Tii^ ftardyalfothatis common to them both, to^o^J^^^ ^ wit, both againft the lady Francis and the hdy^onto^ Eleanor,for that the lord Charles Brandon ^'^^^{.^^^ duke of Suffolk had a wife a hue, as before ^Jif^ii^ hath bin fignified, when he married the ladj Mary Qupene of France^by which former wife he had iffue the lady Powy fc (I mcane the wife of my lord Powy fc of Poyftlandes in VVales)& how long after the new marriage of her huf- band Charles Brandon y this former wife did liue, I cannot fetdownc diftindbly, though [I think it were not hard to take patticulcr infor- mation therof in Ingland,by the regifter of the church whcrin f he was buried, but the fredcs of the countefle of Darby do affirme , that f he died before the birth of L.Eleanor the fecond daughter, though after the birihe of lady Fran- cis, and thereby they do feeke to cleare the fa- milieof Daibyof thisbaftardye, andro lay al foure vppon the childen of Hartford before mentioned, but this is eafy to be knowne & verified by the mcancs before fignified. But now the frerides of Hartford do anfwere fwcrc of to al thefe baftardies,ihat for the firft ^^^^ P^^- ^^jf^^^ tended by the marriages of the two dukes ofto the Voir Suffolk, they faye that either the caufes might If ^^^^ ' Bb be rich 13^ AConfer^^ be fuch^as their dcuorces v\ ith their former wi- nes migh be lawful, and prouc them no mar- riages,and To giue tlicm place to marrie againe^ Of els ihat the (aid former wiues dyd dye before ihefe dukes that had bin their hul bands, fo as by a poft'Contradi and fecond new confent^ giuen betweene the parties when they vveie now free,the faid later mairiages which were notgoodat the begining , might come to be lawful aftervvards.according as the law permit- teth,Botwithftanding that thildien begotten in fuche pretcdcd matriages where one partyc is aliedy boundCjare not made legicimar, by fubfequent rrtw marriage of their parentes, & this for the firft two baftardies* But as for the third illegitimation , of the contradl betweene the lady Catherin and the carle of Ha?l(brd, by reafon of a preconrra^ made betweene the faid lady Catherin and the earleof Penbroke, that now liueth^ they fayc andaffirme,that precontfad: to haue bin dif- folued afrerw^ard lawfully and iudicially, in the ty me of Queen e Mary» There remayneih then only the fourth obic- &i6y about the fecrec mdrriage made betweene the faid lady Catherin and the earle of Hart-; cfthz^ fordjbcfore the birth of their eldeft lbnne,now tctvvcen ^^^^^^ L.Beacham, which to fay thetruth fee- thccarie meth the hardeft pointc to be anfwered, for al- foidTnd "^^^^ hi the fight of God, that marriage might thcL.ca-be good and lawful ^ if before their carna^ tha\n knowlcdge,they gaue mutual confcnc the one to the HthecYo^nt. VM 1. Cap. VI. tj^ to the other, to be man and wife, and with that mynde and intention had carnal copula- tion, which thing is al(b allowed by the late Councel of Trent it felfe, which difaniillcthconci!. Dthcrwife al clandeftinc and fccret contrads in J^lf ^^.^ fuch dates and countries, wher theaothoritiecap.i. ofthe faid councel is receaued , andadmirred, yet to iuftifie tfiefe kide of marriages in the face of the church, and to make the iHue therof le^ gitimate and inheritable to eftates and poffed fionsiit is necclFary byai law, and in al nations, that there f hoilld be Tome vvitncs to teftifie this confent and contract of the parties befoie their carnal knowledge, for that otherwife it fhould lye in euery particuler mans hand^to legitimate any baftard of his, by his only woord,to the pre- iudiceof others that might in cquitie of fuc- teflion pretend to be his hey res, and therfore {'nodoubtj but that the Archbifhop of Can- terbury had great reafon to pronounce this contcadofthelady Catherin,and iheearle of Hartford to be infufhcient and vnlawful, though themfelues did affirme that they had giuen mutual confent before, of being man & wife, and that they came together, anim marU r^/i,asthelawof wedlock requireih, but yet for that they were not able to proue their faid Former confent, by lawful witncfTes, theit faide coniuntffcion was rightly pronounced vn* lawful, and fo I conclude that the firft fonne ofthefetwo parties, might be legitimate be- fore God, and yet illegitimate before men, and I Bb 1 coiife- i ' ■ X 3 8 A Cm fame tBUchkg fucceftoH confequently incapable of al fuch fucccflTof*^ as otherwife he might pretend by his faid mo- ther. How the And this now is for the firft begotten of [^^^^"^ thefe two perfons, for as touching the fecond the carle childe, begotten in the tower of London , di- ford may ^^^^ learned men are of opinion that he may be icgiti- be freed of this baftardy^for that both theearlc and the lady being examined vppon their firft childjdidconfefiTeand affirme that they were man and wife , and that they had meaning fo to be, and tocontinew, which confeffion is thought to be fufficient, both for ratifying of their old cotradl, and alfo for making of a new yfthe other had not bin made before. And feeing that in the other former pretended con- trad: and marriage, their wanted nothing for iuftifying the fame before men,and for making it good in law, but only external teftimony of witnefles/or prouing that they gaue fuch mu- tual confent of myndcs before their carnal knowledge (for the prefence of prieft or mi- nifter is not abfolutly neceflary) no man can fay that theirwantedwitneffes for teftifying of this confent, before thefecond copulation, by which was begotten their fecond (bnnc, for that both the Queene herfelfe and her coun- cel,and as many befides as examined thefc par* lies vppon their firft adle and childbirth, are witneflesvnto them, that they gaue their ful confents and approbations , to be man & wife^ t vhich they ratified afterward in the tower by the ft thtcro^m. Part i. C a p. V 1 1. i j 9 the begetting of their fecond child, andfo for the reafons aforc-faid,hc muft needes feeme to belegicimatc,vvhatfoeuer my lord of Cancer- bury for that tyme or in rerpe or at leaft the firft and principal brancbof the ancient houlc gfLancafter, it fhalnotbe ami(Ie, perhaps by the way, to tr^atc in this one chapter, fo miich as appartayneth to the twft fcueral houfesof Clarence and Bxitanie, for that there is leflTe to be faid about them then of the other. And firft of aljamofoprnioti, that the earle of Huntington, and fuch other pretendorS asearie^of are of the houfe of iTorke alone,before the con^ Jas^hLufc iundlion of both houfes by king Henry the is raid to (euenth, may be named to be of the houfe of^^^pJ^Qf j Clarence arid fo fordiftinftion fake, I do name clarence. I tKem,for not to confound them with the hoii- 1 fes of Scotland and SufFolke, which are termed , alfo by theLancaftrians to be of the houfe of I Bb 4 Yorkc 142. A Confetenct touching fuccffm Yorke alone, for that they deny them to be of the true houfe of Lancaftcr,but principally I do name them to be of the houfe of Clarence^ for that in deed al their clayme and title to ihc crowne, doth difcende from George duke of Clarence, as before in the third chapter and ^ other where hath bin declared, which duke George being brother to king Edward the fourth,and put to death by his order , left ifluc Edward earle of Warwick and of Salisbury, which was put to death by king Henry the of cia- feuenth in his youth, and Margaret counteflc wcc. ofSalisbury, which Margaret had iflue by Syr Richard Poole, Henry Poole lord Montague, afterward behedded,and he agayne Gatherin^^ married to Syr Francis Haftings earle of Hun- tmgton,by whom fhe had Sir Henry Haftings, now earle of Huntington,Syr George Haftings his'brother yet liuinge,& others,fo as the earle of Huntington with hisfaid bretheren be in the fourth degree from the faid George duke of Clarence., to wit his nephcwes twice rcmo- ned. iflueof Thefaidc Margaret counteflc of Salisbury looicP^^^^^ a yongcr fonne alfo, named Syr Geffrey Poole, who had iflue an other GefFrey,and this Geffrey hath two fonnes that liue at this day in Italic, named Arthur and Geffrey, who be in the fame degree ofdiftance, with the faide earle of Huntington , fauing that fomealleage for them, that they dodilcend al by male kindc from Margaret J and the carle preccndeth by . aWomaOjj tothtctii^ne. ?an i. Gap. VIL 145 a Woman , vvhcrof we fhal (peake after- ward . Hereby then it is made manifeft, how the carle of Huntingto commeth to preteud to the crowne of Ingland, by the hou fe of York only, which is no other in deedCj but by the debar- .^j^^ ring and difabling of al other former preiedois, leftpicte- iiotonlyof Portugal, and of Britanie, as ftr^i^-^j^fof* gerSjbucalfoofthe hou fes of Scotland & Suf- Hunting- folke,that hold likewife of the hou fe of Yorke, and that for the reafons and argumets which ' in the former two chapters I haue fetdowncin particuler,againft euery one of chcm, and fhal here-afcer alfo againe ihofe that remaine, which arguments and obieftions, or any of them, if chey fhould not be founde fufBcienr^ to exclude the faid other houfes, then is the clayme of this houfe of Huntington therby made voide,for that it is f as v ve fee)by the yon* ger childe of the houle of ¥orke,that is to {aye, by the fecond brother: fo as if either the pre- tence of Lancafter in general be better the that of Yorke , or if in the houfe of Yorke it felfe, any ofthefornamed pretenders defcended fio K. Edward the fourth as of the eWer brother , may hold or take place, then holdeth not this title of Clarence /or that (as I haue faid) it co- ming from the yonger brother, muft needes be grounded only, or principally vpp5 the barring I and excluding of the reft, thatioyntly do pre- I ted: of which barres and exclufions laid by this I faoufe of Clarence againft the reft /for that i B b / haue 144 ^ Conference touching fuccepoH haue (poken fufHcietly in the laft two chapters, going tefore, for fo much as toucheththe two houfcs of Scotland and SufFolk,and f hal do af- terwards about the other two of Britanie and Portugal, I meane in this place to omir to fay any more therin,& only toconfidervvhat the obieft os competitors do alleage againft this houfc agalftft^^^of Clarence, and efpecially agaynft the pre-t tence of the earle of Huntington, as chiefe tit- ler therof, for to rhe excluding of him, do con- curr not only thofe other of oppofice hou fes, but alfo the Pooles of his owne houfe , as now we f hall fee. Firft then,the contrary houles do.alleage ge- nerally againft al this houfeof Clarence , that feingtheirclayme is founded only vppon the fight of the daughter of George duke of Cla^ rcnce, fecond brother to K.Edward the fourth, cuident ic is,that fo long as any lawful iffue re- maynethof any eldecdaughter,ofthe faid king Edward the elder brother (as they fay much doth and cannot be denyed) no clayme or pre- tence of the yonger brothers daughter, can be admitted, and fo by ftandjng yppon this , and anfwering to the obic6lio,a.si alieaged beforje^ againft the elder houfes, they hold this matter for very cicere,andalpi'etencc of thi$ houfe of Clarence vtterly excluded . Secondly the fame oppofite houfes do al- leage diuers attainders againft the principal •f^Huri.^* heades of the houfc of Clarence, vvherby theic fuigtQji, VYhole intetcfts v vet/s cut of, as namely it is to befhc- lothecYoJ^ne. Part i. Cap, VIL 14/ be f hewed in three difcenrs, the one after the other, to vvic in duke George himfelfejChe fiift bead & beginner of this he u fc, that was attain- ted and executed, and then in ihc lady Marga- ret his daughter and heyre, counttde of SaUf- bury, and in hke manner aitaynted and execu- ted:thirdly in her fonne and hey re Henry Poole lord Monraguepucalfo rodeath, from vvhofc dauohters both the earle of Huntington & his brethren, with the children of Syr Thomas Partington do deicende, and albeit fome may fay, that the faidhoufc of Clarence hath bin fince thofe attainders/eil:ored in blood, yet re- ply thefe men , tha? except it can be 1 hewed that particuler mention was made of reabili-Rcftim- tingthe/ameto thispretence of fucceffipn tOtion may thecrowne,irvvilnotbefufficient, as in like^,^J2 manner they affirme^that the fame reftoring in without blood (if any fuch were) hath not bin fufficiet ottgl to recouer the ancient landes and titles of ho- tic. nor,which this houfe of Clarence had before ihefc attainders, for that they were forfaited therby to the crowne^and fo fay thefe men was theirforfeitedtherby in like mannej vntothc next in blood not attainted^ this prerogatiue of fucceedingto thecrownc , and cannot be re- ftored againe by any general rcftauration in blood, except fpecial mention be madethcrof^ cuenasvve.(ce,that many houfes attainted arc reftored daylie in blood, without reftoremet of their titles apd dignities^, and a prefenr example Vvc ^xaue in the earlc of Arundei reftored in blood r^6 A Conference mchtngfuccepim blood but not to the title of duke of Norfolke^ ^ and this fayc the oppofitc houfes againft this houfe of Clarence. Tficprr- Bur now thirdly cntrethin alfo againft the thePo(Scs ^^^'^ Huntingron,ihc oppofition of fomc of a!?atiift hisowne houfe , which is of theiirue of Syr Geffrey Poole,brother to his grad father, who fay, that when the lord Henry Montague was pur to death with his mother thecountefle of Silisbury^and therby both their pretences and titles cut of in them , then fcl al fuch right as they had or might haue, vppo the faid Sir Gef- fry Poole,and not vppon his neece the lady Ca« cherin daughter of the lord Henry his elder brother, and mother of the earle of Huntingto^ and this for three caufes. Firft for that he was not attainted, and fo whether we refpedl his grand-father duke George of Clarence, or his great grand father duke Richardof York , the faide right in this refpecft difccnded to him,and fecondly for that he was a degree neerer to the faid dukes his anceftors , then was at that tyme his neece Catherine, which right of nee- reft propinquitie^fay thefc men , \s made apod & lawful by al the reafons, examples, prendcts, and authorities alleaged before in the fourth chapter of this conference, in fauourofvncles before their nephewes, and it fhal not neede that we fpcake any thing more of rhar matter inthisplace, but only to remit your remem- brance to that which herein hath bin faid be- fore. Fourthly uthecro^m. T4rt Caf. VII. 147 Fourthly they proue thcfarac in fauour of Syr Geffrey, for that ihc lady Cathcrin was a woman, and Syr Geffrey a manjVvhofepriui- legeisfogreatinamacterofrucceflion (as alfci hath bin touched before) that albeit they had bin in equal degree, and that Syr Greffrey were not a degree before her as he vvas,y( whether of the tW"o, to wit either the faid Queene Phillip or her yon- ger brother lohnearle of Somerfet by the fa-ft^^^bcl thers fide only^f hould haue fucceded in the in- twcene herirance of king Henry the fixt , in vvhichj^p^^n^^' cafethele menprefume for certaine, that theiohnof faid Queene Phillippe legitimatly borne, and^"""""^^ not lohn made legitimate by parlamer, fhould haue fucceded, for that by common courfe of law, the children legitimated by fauour, albeit their legitimation were good and lawful (as thisofthefe children is denyedto be) yet can they neuer be made equal , and muchlelTc be preferred before the lawful and legitimate by I byrche* But now fay thefe men, the cafe ftandeth at fthisprefent fomewhat otherwife^and more fot theaduantage of Queene Phillippe, and her offpring, for when king Henry the fixt, & his ifonne were excinguifhed, and Edward duke of Dd Yorke i68 A Conference touching fuccef ton Yoike ihruft hym felfe in to the crpwneCwhich was about the yeare of Chrift 1471) the fore- faid two princes, lady Phillip and earle lohn, were both dead^as alio their childien^and only their nephewes were aliue^that is to faye^ their liucd in Portugal king Alfonfiis the fife of that name, fonne to king Edward , which Edw^ard was child to Queene PhilHp, and the death of king Henry the fixr oflngland hap- pened in the 3 S.yeare of the reigne of the faid king Alfonfus: and in Inglad liued at the lame tymejlady Margaret Countefle of Richmond, mother ofking Henry the feuenthe andneece oftheforefaidlohn earle of Somerfet, to wit the daughter of his ibnne duke lohn of So- merfet ^ fo as thefe two competitors of the houfe of Lancafter,that is to fay, king Alfonfus and lady Margaret^ were in equal degree from lohn of Gaunt, as alfofrom king Henry the fixt, fauing that king Alfonfus was of the vvholeblood^as hath bin faid, and by Queene Phillip that was legitimate, and the countefle of Richmond was butofthe halfe blood, as by lohn earle of Somerfer/hat was a baftard le- gitimated. The que- jYlq queftiou then is, which of thefe two tvvecncJfhouldhauefucceded by right, of the houfe of thene- Lancafter,immediatly after the death ofking p ewes. j^^j^j.y ^j^g ^ j^jy \iargaret allea- geththat fhc wasdefcended from lohn earle of Somerfet that was a man, and therfore to be preferred,andking Alfonfus alleagcd that he tothecrd^7je. Van 2. Cap. Vm. iGcf being in equal degree of necrnes of blood with the fame countefl'e (for thrit both were nephe- Wes Jhe was to be preferred before her,for that hewasaman,andof the whole blood, to the lart kings of the houfe of Lancafter, and that f he was a woman andbiuofche halfe blood, fo that three prerogatiues he pretended before her.Firft that hewasaman and fhea woman^ and fecondly that he defcended of the lawful andelderdaughter,andfheofthe yonger bro- ther legitimated , and thirdly that he was of whole blood^and fhebutofhalfe^and for bet- ter fortifying of this proofeof his title, thefe men do alleage a certayne cafe, determyned by the learned of our dayes as they fay, vvherin for rhefirftof thefe three cau fes only, the fucceC' fion to a crowne was adiudged vnto king Phil- lip of Spayne , to wit the fucceflion to the kingdome of Portugal, which cafe was in al refpedls correfpondent tothis of ours: for that Emanuel king of Portugal had three children, for fo much as apperteyneth to this affaire (for afterward I fhal treat more particulerly of his ifTueJ that is to fay, two fonnes and one daugh- ter, in this orderjohn, EHzabeth and Edward, euen as lohn of Gaunt had Hery,lady Philippe,, andlohn. Prince lohn of Portugal firft child of king The ^^ft Emanuel,hadilTueanotherIohn, and he had fion" to^ ' Sebaftian in whom the Une of lohn the firft ^oftugaL child was extinguif hed; but lohns fifter Eliza- beth, was married to Charles the Emperor, & Dd 1 hadilTue 379 A Conference mchwg fuccepon had ifTue K. Phillip of Spayne that now liuetli* Edward alio y oger brother to Elizabeth or Ifa- bel had :flue two daiighteis, the one married to the duke of Partna,&' the other tothedcke of Braganfajfoas king Philhp vvas in equal de- gree with thele ladies in relpedt of kingEma- nutljfoithat hcvvas fonne to his eldell daugh- ter, and the two duchedes were daughteis to his yonger (bnne, & vppon this refted the que- ftionyvvhichofthefelhould fuccecde, and it vvas decided that it apperteyneth vnto king PhiIlip,foi that he vvas a man, and his mother vvas the elder fiftcr, though if king Phillips mother and the two duchclTes father I meane lord Edward of Portugal had bin aliue toge- ther, no doubt but that ht: beinge a ma I hould haue borne it away,vvhich thefe men fay, hoi- deth not in our cafe, but is much more to our aduantage, for th.it ii hath bin 1 hewed before, thatifQueene Phiiiippe had bin aliue with cstile lohn of Scnierfet at the death of king Henry the fixt, fhe f hould haue bin prefer- red aslegitimate, by^birth, and therfore much more ought her nephew Icing Alfonfus to haue bin preferred afterward in that he vvas a man, before the neece of the faid earle lohn of Somerfer, that vvas but a woman, thus fare TWcFO'they. xeil of'^ And bcfidcs all this , they do adde (as often before I haue mentioned^ that king Alfonfus not^d^f- vvas of the whole blood vnro al the three king V^^JP. Henries of the houfc of Lancafter, & the coun- the;. telle tothecro^ne. Tart 1. Cap. VIII. 171 teflTc of Richmond was bar of rhe halFv^ blood; andfor moieftrcngrheningof this argumenr, they do fay funhcr^ that belides th ;t intcreft oc righrro thecrowne, which king Henry the fourth 'chat was the firft king of che houfc of Lancafler) had by his father lohn of Gaunt, ia tha: the faid lohn was third fonne of kin^ Edward t^e third, the (aid king Henry hid di- Dersother inDereftesalfo v\hich came o*^him- felfe only, and not from his faidfither, as were (for example) his being called into the realms by general voyceofal r he people: hjs nghr c^or- tenby armes,s'ppon the euil gonermenc of the former kinf;:theperfonal rcfignarion and deli- uery of thekingdome by lolemne inftrument made vnto him, by king Richard: hiseleciioa alfo byp2rlament,& coronation bvrherealme: and finally the quiet polTeffion of him and his pofteritie^forahnoftthreefcore yeares , with many confirmations of the whole realme, by diners a(flsofparlament,othcs, and other affu- races, as the world knoweth: fo many I mcane^ and Co autetical, as could polCbly be deu ifcd or giaen:andbefidesalthfs, that when king Ri- chard was dead^he was next in degree of pro- pinquitievnto him,ofany manliuing, for that the fonnes of Roger Mortimer , were two de- grees further of then he, as hath bin f hewed before. Al which particulerrightes andintcre- ftes,were peculier to Henry the fourth his per- fon, and were not in his father John ofGaiinr, and therforccanaotpo!ijblyd:fcendfiom hirrr Dd 5 to the lyt A Conference touching fuccefton to the iffae of lohn earle of Somerfet, but muft palle rather to the ilTue of king Heniics true fi- ftet the Queene Philhppe of Portugal, and this though it be fuppofed.that otherwife it might begiaunted fasfay they it may not) that lohn earie of SoiTierfet and his fucceffors, might fuccede to lohn of Gaut before lady Phillippe, which thinge (fay thefemen) if it fhouldbe graunted, yet cannot he fuccede to king Hen- ry the fourth jfift and hxt, that difcended of BUnch:andthisisin effect al that I haue hard difputed about this pointe, whatlyne is true heyre tothe houfeof Lancafter, to wit, whe- ther chat of lohn earle of Somerfet^ borne of Catherin Swinford ('from whom difcendeth king Henry the feuenth and his pofteritie^ or els that of Queene Philippe of Portugall^borne of lady Blach, from whom are come the/ore- faid Princes of Portugal, But now it remay neth to examine fomwhat cc^ vt Pox in this place alfo,vvhat 8c who are ihefe prin- tugaiand ces of the houfc of Portugal , fp often named thcypre- bcforejaud what pietencc of fucceffion^ they r^r^^d ^'^^ euery ofchem haue^ or may haue vnto the crowneof Ingland? for better vndcrftanding wherofjit f halbe needful to explane fomwhat more at large, the forefaid pedegree of king Emanuel of Portugal,who albeit by diuers w u ues he had many children, yetfixonly that he had by one wife,of whom their remayneth hi- thcr-toilFue, are thofe which may apperteyne vnto ourpurpofe to fpeake of, in refped of any pretence, to thecro^ne. Tan i. C a p. V 1 1 !• 17 j pretence , that may be made by them towards Ingladjfuppofingaiwayes (which is moft true) that rhefaid king Emanuel , wasdifcended h- neallyas true and direct heyre from the fore- faidlady PhiUippe, Queene ofPortugal, that was daughter oflohn of Gaunt by his fiift wife lady Blanch, duchefle and heyre of the duke- dome of Lancafter,and fifter to king Henry the fourth firrt king of the houfe of Lancafter,ro as, byherdoth or may pretend the whole pofte- ritic of che (aid king Emanuel,vnto whatfoeuer the faid lady Phillippe might inherite from her father or mother,orfrom her faid brother king of Ingland or his poftcritie. The lix children then of long Emanuel were .^^^^ thefe following, and each of them borne as of king hecre they are fet downe, fit ft prince lohn that ^£^pQJ^^^, was king after his father by the name of lohn gai. the third, fecondly'the lady Ifabel married to the emperor Charles the fifc> and mother to king Phillip of Spayne that nowliueth. Thirdly lady Beatrix married to Charles duke ofSauoy,and mother to duke PhiUbert the iaft duke thatdyed^and grand mother to this that now liueth. Fourthly lord Lewis father to don Antonio that now is in Ingland. Fiftly lord Henry that was Cardinal and Archbifhop of Ebora, and in the end king ofPortugal. And fixtly lord Edvyard , that was fither of the two ducheffes of Parma aiad Braganfa, to wit of lady Maryland lady Catherin,bodi which ha^re left goodly ilFue for that the lady Mary harh Dd 4 kfc 1 74 ^ Conference toucUng fuccefion lefcbythelaft duke of Parma, lord Ranurius that IS now duke of Parma, and lord Edward that is Cardinal : and the lady Catherine du- chelTe of Braganfa that yec liueth,hath ilfue di- uers goodly princes, as the lord Thcodohus, that IS nowduke of Braganfa^and three yongcr biorhers,tovvit,Edward, Alexander and Phil- lip, a] yong princes of great expectation ^ and ihefe are the children of king Emanuel vvhofe particulet fucceilions and ilRies, I f hall declare fomwhat more yet in particuler. sfTuc of Prince lohn ofPortugall afterward king,by ^J^^^^^ name of king lohn the third,had liFue an oihcr Portugal. lohn that was prince of Portugal, but dyed be-» fore his father and left a fonne named Seba- ftian, who vvas king, andflayne afterward by theMoores in Baibary, andfo ended this firft lyne. L.Lcvves The fecond ton ne,and fourth childe of king Sofi^An '^"^^"^^'^^^^^ named lord Lewis, and dyed al- tonlo. " fovvithout iduelegitimatejas is ruppofed,for that don Antonio his fonne , that afterward was proclaymed king by the people of Lif- bone,and howliueth in Ingland^ was taken byal men robe vnlawful,asprcfently more at ^.^^gj^^j^ large fhal be fhewed, fo as after the death of nrcac- king Scbaftian , their entrcd the Cardinal lord (iins^l. Henryjvvhich was third fonne to king Ema- nuel, and great vncle to king Sebaftian lately difceaied/or that he was brorher to king lohn the third, that was grand father to king Seba- ftian;>and albeit their vv;inted iK)tfome (accor- dingc tothecro^ne. Part 2, Cap. VIII. ijy dingeas the authors* wryte which afterward I f hal name) who affirmed and held, that king Phillip of Spayne fhould haiie fucceded king Sebaftian before the Cardinal, for that he was reercrinconfanguinitieto him then was the Cardinalfor that befides that king Phillip was fbnne of king Emanuels eldcft daughter, he was brother alfo to king Sebaftians mothef, yet the (aid Cardinal enrred peceably and by confent of al parties, but for that he was old, and vnmarried,and not like to leaue any child of his owne, there began prefently the con^i tention in his dayes,vvho fhould be his fuc* ceflbr. . •To which fuccefljon.did pretende fine prin- ces of the blood royal of Portugal, befides the lady Catherine Queene mother of France, who J^^^^^^l'^ pretended by her mothers fide to be difcended ihe^ of one lord Raphe^earle of Bulayne in Picardy, ^^^^^ which Raphe was eldeft fonne of Alfonfusin France l-he third king of Portugal- which Alfonfns be- fore hewasking,towic,inthe tyme'^of his el- ° der brother king Sanches of Portngal,was mar- ried to thecountelTeand heyre of Bullayn, na- med Mathildis and had by her this Raphe : but afterward this Alfonfus comming to be king ofPortLigaljhe married agayne with the king ofCartiles daughter, and had by her a Ibnne called Denyfe, who reigned after him^and his fucfefiors, vnto this day ,al which fucceffion of kinge Deny fe & his pofteritie, the laid Qiieene mother would haue improued and fhcvved, Dd J that 17^ A Conference touching fuccef ton th at it appeitey ned co her by chc faid Raphe, & fortius caufe fent The to Portugal, one lord Viban bifhop of Cotnince in Gafgonie, to plead her caufe, which caufe of hers was quicklie reiedted, and only the forfaide fiue tmc pre. P^^^^^^^ difcended of king Emanuels children, tenders werc admitted to tryal for the fame, which movv^ vvere,Don Antonio fonne of lord Lewis the of Porm- king Cardinals elder brother, and king Phillip 8^ ofSpayne fonne of lady Elizabeth the eldeft fi- fteof t he faid Cardinal, and Philibert duke of Siuoy fonne of the lady Beatrix the fame Car- dinals yongerfifter, and the two ducheffes of Parma and Braganfa, named Mary and Cathe- rine,daughtersoflord Edward yonger brother of the faid Cardinal,andyongeft child of king Emanuel. And for that the lady Mary duchefle of Parma, vyhich was the elder of the two daughters, was dead before this controuerfie fe! out,her eldeft fonne lord Ranutio now duke ofParma, pretended by her right, to the faid crowne. The con- And for that this matter was of Co great im- abo'u" portancc euery parte procured to lay downe the fjc- their reafons, and declared their ri^htes, in the ?oita<^al manner they could> and fuch as could not be prefent them fellies in Portugal, fent thither their agentes, Embalfadorsand Atturneys, to plead their caufes for them. Don Antonio and the duchefle of Braganfa,as inhabitants of that kingdome,were prefent,and declared their pre-i tcnces,namely Don Antonio by himfelfc , and for tdthecroSvne. Van i. Cap. VI IT. 177 for himfelfe, and the lady Mary of Braganfa by her hufband the duke, and his learned councel. The prince of Parma fent thither for his parte Attut- one FerdinandeF^y«^/e, bif hop of Parma. The^^^y^^^^^ duke of Sauoy fent Charles of Rouere , after- poitugaL ward made Cardinal. The king of Spaine^ as the greateft pretender fent the lord Peter Gyro duke of Ofuna afterward Viceroy of Naples^Sc Syr Chriftopher de Mora, knight of his cham- ber at that tyme^but fince of his priuye councel and lately made earle of Caftel Rodrigo in Por- tugal,of which country he is natiue , and befi- des thefe two, a great lawyer named Roderigo Vafques, made fince(as I heare faye) lord Prefi- dent of Caftil, which is as much almoft as lord Chancelor with vs. Al thefe did lay forth before the king Cardi- nall their feueral reafons and pretenfions to thefucceflionofthecrowne of Portugal, foe the Hue perfons before mentioned, w^herof two were quickly excluded, to wit, the duke cf Sauoy for that his mother was yonger fifterio king Phillips mother , and himfelfe alfo of lelle age then the faid king. And fecondly Don Antonio was alfo excluded by publike andiu- ^ dicial fentence,ofthe king Cardinal his vncle, as illegitimate , and borne out of law^ful wed- loke, and albeit D5 Antonio denyed the fame, and went about to proue hym felfe legiiimar, affirmmg that his father the lord Lewis^before hisdeaihhad rnarded with his mother in fe- cret. 17S A Conference touching fuccepon cret^and for this broughc forth fome witnefle5, as namely h is mothers (ifter with her husband, and two others: yet the king Cardinal affir- mcd^that vppon examinatio he had found them tobefiiborned which he faid was euident to him, partly for that they agreed not in their fpeecxhes,and partly for that Ibmeof them had confefled the fame^to wk, that they werefub- orned, whom he caft into prifon , and caufed Afentece them to be panil bed , and fo luting in iudge- ^^,nliiln Hient^accompained with fower bifhopeSj and ai^aitia fovver lawyers^ who he had called to aflift him umio^^' ^his caufejhe pronounced the fame Don An- tonio to be a biftard, for which the Authors that I haue read about this matter which are principally two, the firft named Hierom TrMke^ a gentleman of Genua,who wrote ten bookes TVri-crs Icalian,of the vnion of the crowne of Portu- of this CO gal to the crowne of GaftiHi, and the fecond is caucrfic. named loams Antonm Viperanns a Sicilian as I take him, who wrote one bookc only in latine, deohtentii Portugallta a rege Catholtco Vbillippo , of Portugal gotte by king Phillip the Catholikc, both I hvfc bookes fl fay) out of whom princi- paHyl haue taken the pointes v^rhich Keere f wil rouch, do feuerally fetdovvnc, thecaufes following, why the king Cardinal did reiedt ^^^^ the pretence of Don Antonio before al other i« why prctenders^and pronounced him a baftard. do(\ Ati- pif(].^ foj. [\^2Li he had byn euer fo taken al the ^.15 pro-tvmeofhisfatherslife, and no man eucrdow- Kjjunccd ted tlierof, or called the matter in qiKflionj, m^c. vntil tothccroH-ne. Tart i. Cap. VIII. 179 I vntil now that himfelfe denyed the fame. Secondly for that in ihe ty me of lulius Ter* I tius the Pope, when ccrraynedecres came out I from Rome, againftthe promotion of baftar- 1 des,thefamcD6 Antonio fued to the faid Pope, I to bedifpeuled with aim that cafe, which ar- giieth that then he knew himfelfe not legiti- mate. Thirdly'that his father the lord Lewis had often tymes both by woid and writing reftified thefame^ that thisAntonye was his baftard, and had fignified alfo fo much in his laft wil & teftamenr. Fourthly the faid Cardinal as of himfelfe, alfoafrirmed, that if his brother the lord Le- wis, had euer done any fuch ihmge,as to many this \Voman,w ho was but bafe m birth, and of rhe lewifh race, as thefe ftories do affirme: that it is ljke,that he would haue made fome of his owne frendes & kynred acquainted ther- ' with, as a matter fo much important for them 10 know, but he neuer did, though the faid Cardinal auowed that himfelfe was prefent with him at his death. Fifilyhe laid, that if Don Antonio had bin lcgitimate,how h appened that he did not pre- tend the fucceflion before the Cardinal him- felfe, next after the death of king Sebaftian, feing that he was to haue gone before the faid Cardinal by as good right,as his other nephew Sebaftian did, if he had bin legitimate, for that he was 1 8o A Conference touching fuccefton hevvasfonnealfo to the Cardinales elJer bra* ther^as hath bin faidc. & f he daughter to the faidlord Edward, that was brother to the faid lord Cardinal, and fonne of Kcprefcn king Emanuel. And when for the duke of Par- dudcY^' ma it was afKtmed,that he reptefentcdhis mo- thers place, that was the elder fifter^ anfvvere was made, that no reprefentation^ was admit- ted in this cafe of the fucceflionto thecrowne of Portugal, bur thateuery pretender was to be confidered , and taken in his owncperfon onlyjandtobe preferred according to his de- gree in propinquitie cfblood, to the former princes^ and ifit happened that they fhould be iothecrd^ne. Vart 1. Gap. VIII. i%j in equal degree, then each partye to be prefer- red according to the prerogatiue$ only of his perfon,to wict,the man before^the woman,and the elder before the yonger. And for that the lady Catherine of Bragan(a was neerer by one degree to her father lord Edward then was the duke of Parma who was but nephew, therfore f he was to be preferred, and many great bookes were written by la- wyers in this ladyes behalfe^and her right was. generally held in Portugal to be preferred be- fore the other of Parma, which was not a litle for the aduancement of king Phillipps title before thernboth,asprefenily fhalbef hewed. It was replied againft this anfwer^in the be- halfeofthedirke of Parma, that the laft king a reply Scbaftian entrcd the crowne by way o^r^pre-^^^i^^^^ fcntation^ and not by propinquitie of bloody Painaa. forthat he wasadegree further of in propin- qtiitie of blood from king lohn the third who he faccedcd,rhen was the Cardinal,for rhat he was but his nephew, to wit his Tonnes fonne, anil the Cardinal was his brother,and yet was theftid Sebaftian-ftdmicted before the Cardi* naljfor that he reprefented the place and right of his father prince lohn, that dyed before he inherited, and fo wefeethat in this cafe repre- fentation was admitted (faidthey) and in like manner ought it to be now. Totbisit was faide,that Sebaftian was not fo much preferred before his gtear vncle the Cardinal, by vcttue of reprefcntatio, as for that Ee he was t84 ACon^mc^^ he was of the right difcendant ly ne of K. lohnt and the Cardinal was buc of" the collaieral or tranfuerfal lyne, and chat al law allovvah that the fight lync f halfiift be lerued andprcftired, before the collateral i halbe admitted, Co that heerby reprefentation is nothing furthered. Thisexclufion of reprefentation,did greatly futiher and aduancc the pretence of king Phil- ^^*pjglip,for the excluding of both the feladyes, and fence to thcjr iffucs ; for that ruppafing(as this anfwere auouchcth; thattheir is no reprtfcniation of father or mother or predecclFors to be admit- ted, but that euery pretender is to be confidered only in his owneperlon, then itfolloweth, (^faid thefe men which plead fortbekingj that king Phillip being in equal degree of propin- quitie of blood,vvKh the two ladyes, in refpcdk as wel of K.Hery yet lining (for that ihey were al three children of brother and fiftcr) it folio- Weth thathcwas to be preferred before them both, as well in refped that he was a man , and they both Women,asalfo, for that he was ci- der in age.and borne before them both. And albeit the duke of Parma alleaged that he was alio a man, yet was it anfwertd that he was one degree further of from the forefaid kings, then was king Phillip, fo as not refpedingrc- prc{entation of rht ir parentcsjhat is to fay, not conlideringat all, thatkmg Phillip difccndcd ofa Woman, & the twoduchelTes, of a roan, but only^- refpecSbing their owne pcrfbns , as hach bin declared^ thefc men auouched , that king Uthecro^ne. Part i. CaI*. VIII. iS/ king PhiUipps perfbn waseuideiuly ro be pre- ferred, for thar he was a degree neererin blood then {he duke of Parma, and (opcrior in fex Sc age, ro the Lady Catherine of Bra^iinfa. Moreoiier the lawyers of king Philhpps fide affii mcd, that he was neerer alfo in propinqui- tieof blood to king Sebaftianithc laft king>thea yvasthe very king Cardinal himlelfe, & much more then any of the ether two ptecenders^for that he was brother to rhcfaidkjng Sebaftians ^iaersaj. motherj and the Cat dmalwas but brother toJo^k^^ng* hisgradfather^ And beddes rhis,they alleaged^^^^F* that Portugal did belong to the crowne of Ca* ftil by diuei s other meanesofold, as for that it could not be giuen away by kings of Caftil in rnariiage of rhcir daughters^ as the principal partes therof had byn,as alfo for that whekmg John the fiift,that w^as a baftard,was made king of Portugal, bv ele<5lion of the people, the mhe- rirance therofdid euidcntly appcrteyne to king lohn of Caftil, that had to wifc,the lady Beatrix d;\ughter and hey re of Ferdinand king of Por- tugal, from which inheritance of that crowne, by open iniurye, both fhc and her poftehric (vvhofe right is in kmg Phillip at this day^ were debarred, by th^ mrrufio of the faid lohn, tnafterof Auii, baftard brother of theforclaid king Feriinand. Thelc reafons alleaged diuers lawyers in the behalfe of king Phillip, and thofe not only Spaniards b it alfo of diuers other couniryes & nations^ as my auihois before named do auow, Ec ^ and i86 A Ct)HfeY€mtmhi^g fmej^kii fllwi^io,^^^ many bookcs were writcen ofthismattcr^ ?ct.vipc- and when the contention was at the hotcfr^ lanw. then died the king Cardinal , before he could decide the lame controucrfie^vppon which oc- cafion,the king of Spaine,being perfuaded that his right was bcft^ & that he being a Monarch and vnder no temporal iiidge, was not bound lo expert any other ludgment in this affayrc^ rortolubiedhimfclfe to any other tribunal^ but chat he might by force puthimfelfe jn pof- feffion^of that which he tooke to be his ownc, if otherwife he could not haue it deliuered vno him (for fo write thcfe authors by me named) feingalfo don Antonio to pretend the faid kingdome, by only fauour of fbme popu-* ler partie;,that he had hi Lisbonej the faid king Phillip cncrcd vppon Portugal by force of ar^ mcs, as al the world knoweth, and holdcth the lame pepceably vnto the day. The cafe And I haue byn the longer in fettingdownc otprctC'cethis contention about the fucceflion to the hovvi^ crowne of Portugal, for that itincludeth alfo of Porta- the very fame pretence and contention for the ghnd/*^" crowne of Inglad.For that al ihefe three princes before named, may in like manner pretend the fucceilion of thatmieredtothchoufe of Lan- caftcr , and by that to the crowne of Ingland, which doch difcend from Queene Phillippe eU deft daughter of lohn of Gaunt , duke of Lan- carter, and filler of king Henry the fourth as hath largely bin declared. A nd albeit that fome men Wil fay that this ~" matter to the m^m. Tart z. C a v. V 1 1 T. i S7 matter is now decided, which of ihefe princes of the houfe of Portugal hath the intereft to In- glandjfor that king Phillip bein^ now prefer- red in the fucccilion of Portugal, entreth alfo therbytothe other right of fucceffion of In- gland,yet others will fay no y for that the la- Wes of fucceffion in Poitugal and Ingland be different, tor that in Ingland rcprcfeniation ta- An obic* keth place, lb as the children of the ^""'^ fj-^^^j^^ though they be women, fhaleucr be preferred anVwc;. l)efore the children of the daughter , though they be men,vvheroffhefemendoinferr, that feing the lady Phillipps right before mentio* ned to the dukedome of Lancafter, and therby ^1 fo to the crowne of Ingland, is to be preferred according to the lawes of Ingland, and not by the lawes of other forrayne countryesj it foU loweth, that the felfe fame right of fucceflion that is pretended at this day by the princes of Portugalfor fucccding thcfaid lady Phillippe, fhould be determined only by the lawes of Ingland , where reprefentation taketh place^ and not by ihe lawes of any other natian :Thus (ay they. But againft this, others do alleage, that the queftion is not heer, by what law this pretence of the blood royal of Portugal to the crowne of Ingland,istabe tried, but rather who is th^' true and next heyre and fucceflbr vnto K. lohn the firft,and to his wife Queene lady Phillippe, heyrcof the houfe of Lancafter , which two priuces vvere king and Queene of Portugal, & Ee 3 iheir 1 8 8 / Confemce touching fuccefm their true hey re at this day harh the forenamcd pretence,tothe crowneoflngland, which true and next heyre , being once Icnowne, it litle importethby whcitlaw hepretenderh his faid right to I ngland, whether by that of Inglador by thisofPortugal,orby bothc, thoughe to deteimine this firll and chief pointy who is the next and true heyre vntothefeforefaid king & Queene of Portugal , the lawes of Portugal muftneedes be iudge & not thofeof Ingland, ^nd fojfcing that by thefc lawts of Portugal^ the king of Spay ne, isnowadiudged for next heyre,to the faid princes, and is in pplfefljon of their inheritance at this day , I meane of the crowne of Portugal J thefe me fay,that he muft confequently inhetite alfo al other nghtes dig- nities and prerogatiues belonginjg to the forc- faid princesjor to their poftentic. And thus you fee now how great diuer/Itie of arguments and obiedions, are and may be alIcaged,on different fides , about this afFayre, Vvherby alfo is made manifeftjhow doubtful & ambiguous a matter this pointeof Inglifh fuc- ce{Iion,is,feingthat in oneonly branch of the pretenders, which is in thehoufe of Portugal alone, their are fomany difficulties, as hecrc hath byn touched, obic- Bur now the common obieAion againft al ^'a^nit thefe titles and titlcrs.is, that they are old and thcprc outofvre, and not to be brought in queftioa J^^^p^J^^^ againe now , efpecially feing that both king [f^. Henry the fcuenth and his iflue, bauc enioyed (plong tethecfoT^m. Tart I. Cap. VIII. 189 fo long the title of the houfe of Lancafter, as it hath, and fecondly that thefe titles do apper- leyne vnto ftrangers vvhofe gouerment may be dangerous many wayes vnto Ingland, and cfpeciailyin that which toucheth the king of Spayoe,\vho being fo great and mightye a mo-» narchasbe is, may preiudice greatly the In- glifh liberrye,and eafcly bring them into (erui- tiuc, if his pretence fhould befauoured, as by fom'? it fcemeth to be. Thisisthefpeachof many men in Ingland, and abroad at this day , whcrunto yet fome^y^j^ others do anfwer, that as concerning the firff obieftion of the oldnes of the pretence, & title, it hath bin f hewed bcfoie, thit by law no title toakingdomedyetheuer, but mav take place vvhenfoeuer the partie to whom k bclongeth, is able to auouch it and gett polleflion , and as for this pretence of theline of Portugal , they fay , that if<-hath not fuch great age, but that very vvelitmay fheW'it£elfe,and behad in confide- racion,efpecially arthistyme, when now the ilfue male of king Henry the (euenth is ended, and that of nece(Iitie, we m«ft rerurne to haue confideration of the i{Fue of his daughters , be- fore which daughters , good reafon (fay thcfe XJien^ is it , that the Hlbe of lady Phillippe Queene of Portugal fhould be admitted, for that albeit we would haue that refpeft to the ifTiie maleof lohn Earle of Somerfetjas to pre- fcrrit, or fiiffer ittoenioy thecrowne, before ibeiirucof Qucenc Phillippe (and fo they fay Ec 4 i^fcc-' 1 90 A Confmnct touching fuccefm it fecmcth that it was, for that king Henry the Sis^ fcuenth was crowned king, his mother being aliue, vvhichyet by ordinary courfe of fuccet fion f hould haue gone before him)yet fav they, itisnoreafonthattheiflfae female of lohn of SomerfetjOr of king Henry the feuenrh f hould be preferred before the iflue male of the faid Queene Phillippe. Moreoiier they {aye, that the houfeof Cla* rence and Huntington do pretend a title more old and ftale at tliis day, then this of Pprtugal, for that they pretend from George duke of Giarcnce,that neuer had the crowne,and thefc of Portugal pretend to be next heyreto king Henry the fixt , that did vyecrc the crovvne of Jngland,for 4o.yearestogeather, after whofc death, ifkingAlfonfus of Portugal fwho vva$ then old & wearied with euel fucceflfe of war- rcsjhadbiri fo able to preferr and follow h\$ title,asfomcof that houfe beat this day , he would neuer haue fuffered the hou fe of York to haue entred,nor king Henry thefeuenth to haae enioyed it after them , by the title of Lan- cafter,vvhich title yet of Lancafter (fay thefc men) king Henry the feuenth could not haue in hioafelfe any way , whether wc refpecfk By what QH?^"^ Ph jllippe, or lohn of Somerfet, for by title king Quieene Phillippe, they of Portugal were eui- "Tdcn- ^^^^^y before him, and by wayc of lohn of So- la, merfet the countefic his mother was as clcerly before hym, nether could he haue any title, a$ yetpby the houfc of Yorke, for that he was not yet ntbecro^ne. Tart i. Cap. VHI. 191 yet man ied to the daughter of king Edward; fo as his crowning in the fcild, and whole en- trance to the kingdome , was without any acftual title at al, but only the good will of the peoplejasthefe men do hold. To the other obie(3:ion of forraine princes Sc Aheut ftrange gouerment , that may come to Ingland ^0"^'^^,! by thefe pretences of the princes of PonugalMngiaad. diuers men do anfwcr diuerfly , for fome 6o_ grauntthat itmay be (b, that by this meanes Ingland may come to be vndec foray nekinges^ and that no hurt,or inconuenience at al would enfue therof to Ingland, but rather much good and commoditie: jbut other that like not well of this alTertionjdo fay further , that if (hefe for* rayne pretence fhould take place , yet that al matters might be Co compounded , that albeit the prince himfelfe which is to rule, fhould be forrayne borne (which they take to be no in-^ conueniencej yet that his forces and deperr-^ dance, fhould be only of the Inglifh, for that he fhould not bring in any ftrainge powers into the land, no more them did king Stephen or king Henry the fecond, that were borne in FranccjOr then did king Phillip of Spayne in Quecne Maryes dayes,or as it is thought Mon- fieur of France fhould haue done , if he hnd married her Maieftie that now is, as once it was fuppofed he fhould. Tothisfaidoneof the companic, and isitAbont poflible,that any man, fhould be of opinio that^^"^"^ forrayne gouerment in what manner or kindemem. Ee J foeuei: Iff! A Cmfermemchmgfuccefm ibciierit be, fhould not be iuconuenient and Jiurtfull tolngladj wher the people are who- lyebentagainft it: you remember (^quoch he) astonceringthelaft two examples, thatryou hauc alleaged, what tumult and (lure their vvasrayfedby fome kyndeofrrien, about the comminginof kmg Phithp, and what their was like to hauebyn^ about the entrance of Monfieufjif thatpurpofe had gone for-ward. I remember welfaid the Lawyer, and thefe men that are of this opinion , vvil fay to this, that it was but a populer mutiney without rea- fon or any good grounde at all, and only ray fed by forne crafty heades, that mitliked the religia of the princes that were to enter, and for fomc other driftes of their owtte, but not of any (bund leafcMi or argument of ftate, which thefo men thinke rather to be of their (ide,& in good (both they alleage fo many argumentes for their opinion, that if you fhould heare them^ you would fay itweare hard to iudge which opinion had moft truth, but they are to longe for this place and fo ffaid he I fhall make an end of the matter that I haue in hand and Icaue this pointe,for others to difculle; iioa ^'^'^ ^^^^ whole companye fhewed mar- the next uclous great defire to know the reafons, that abou?f ^^^^^ parties, for this matter,&fo much laine go' more,for (hat it fcemed to fal very fit to the ufimcni. purpofe,ofthefe pretences of foraync princes, for which caufe they intreated him very in- ftamly that before he pafled any further, or en-= Utheerol^m. Tart i. Cap. IX. i$| ded his whole difcourfc,ofthc titles ^ ("which hitherto th^^y faid had greatly contented them) he would ftay himfelfe a litle alfo vppon this matter, which though for a tyme he made great difficultietodo, yet in the end , beinge fo importuned by them he proniifed that at their meeting the next day, he would fatisfie their defire/and fo for that tyme they departed very Wel contented but,yet as they faide, with ihcit fceadcs ful of cities and titlers^to the crowne. WHETHER IT BE B.ET^ TER TO BE VNDER A FOR^ RAINE OR FJOM-PORNE P5LINCE, ^nd timber vnderagretit & tntghtic Mofimh^ or vnderalttle prince Cap. IX. THe companye being gathered together the next day, and fhewing much de(ire to heate thepointe difcufled about forraine go- uerment,wherof mention had bin made tbd day bcfore,the lawyer began to fay, that for (b niuch,asthey would needs haue him to enter intothat matter , which of it felfe wa.s ful of preiudicejn moft mens eares and myndes , for that no nation comriionly could abide to heare of being vnderftrangegouernours and goner- mcnrsjhe ment to acqujte himfelfe in this their ic^ucft, as he had done inoiber matters bc^ fore. 1 94 / Confutence touching fuceefm fore, which was to lay downe only the opi- nions and reafons of other men , that haddif- puted this affaire on both fides before him, and of his ownc to affirme or deny nothing. And firftofalagainft the dominions offtra- gcrs,and Forrincrs hcfaid , that he might diC. courfe without end, and filvp whole bookes and volumes with thereafonsand arguments,^ or at lead wife with the diflikes and auerfions, that al men commonly had to be vnder ftran- gers, or to haue any alliens to beareruleor charge oner the, be they of what codition ftate m degree focuer,and in this he faid, that as wel philofophers , lawmakers wife and good men^ as others do agree commonly, for that we fee both by their wordes writinges and fa6l:es,tbat they abhorr to fubied: themiclues to ftrang go-? uerments, (basin al the eight bookcs of Ari- ftotles politiques,you f hal Ihll fee,that in al the different formes of common wealthes, that he fetteth downe, he prcfuppofeth euer that the goiierment f halbe by people of the felfe fame naiion,and the fame thing doprefumc in like manner, althofe lawmakers that he their mc- tioneth,ro wif,Minois Solon, Licurgus^^Numa. PompiIius, and the reft, and he that f hal reade Demof- the famous inueiftiuesof Demofthenesagainft rm^'xcTt, the pretentions of king Phillip of Macedonia,? & in A- thatdefiredto incroch vppon the Athenians,, and other ftates of Greece, as alfo his orations againft AEfchines ^ his aduerfaric , that wasi thought fecrctly to. fauotir the (aid forraync princ«3| tothecfof^ne. Tart i. Cap. IX. ijjr prince, fhal fee what hatred that noble Orator liadagainft forraine gouerment, and he that fhalrcadthebookesofourtyme either of the Italians when they fpake of their fubiedion- in cymes paft to the Lobardes, German, or fiench nacions,or to the fpaniards at this day , or f hal confider what the french do prefently write 8c inueigh againft the power of the houfe of Guyfe and Loray ne in Frace, for that they take them to be ftraingers, Thai eafely (ee how dee- ply this auerfion againft ftrangers , is rooted in their haites, and this for tcftimony of vvord* But now if we vvil confider the f*<3:e^ that Attiptcs haueenfued about this matter, and how much tod as it alu- reddiueis nations to defire to be vn^Icr them, and tp be ridd of their owne natural kinges, as of thcfubiedles of Antiochus,and Methridates kings of Afia and of Pontus, we do reade , and fome other princes alfp therby to gratifie their fubicdls^ did nominate the Roman Empire^for their fqccelTb!:, as did Jci^^g Artalus king of Per- gamus,and Ptolomie of^gypt,and others, and it is the cpmmon opinion of krned men that tothecYoT^ne, Tart. i. Cap. IX. 207 ihe world was neucr more happdic goucrncd, thenvnder the Romans, and yet were thty ftiangers tomoftof their fubieds, ouer which ihcy gouerned,and vnto whom they were moll ftrangerSjthacis tofaly, vntofuchas were fur- iheft of from them, to thofe dyd they vfe aU vvayes mod fauoures,and gaue them mofl: pri- uilcges, asbothe wifdome and reafon of ftatc did requirc,for thar thofe people had moll abii- lity to rife againfl: them, and to rebell, (o as this circumftanceofb^ingftrangcrs , hurted them liothing,but rather profited them much. ^^^^ The like rule of pollicy and of ilatc, hauc al mo^I^ great Monarchies vfedeuerfince, thatistofay, uourcdui to fhew moft fauourto fuch fubieds, as be gou^ moft ftraingers, andfardeft from them, and on meat*, thecontrary fide,ifany beto be prc(Ied more . then others, to preffe and burthen them moft, i that be mofl: natural and neereft home, &moIt I vnder and in fubie(5bion,and fureft to obey, and i thisiseuidently feene, felt, and practifed byal j the great ftates this day of the world, fo as it ca- ! not be denyed.For if we looke but into France, i we fhal finde that the ftates of Gafcony andcafcoy^ ! Guyne, which are furdeft of from the court, & "^^^^^ were once ftragets & gotten by force, from the I Inglif h, do pay far lelTe tributes at this dayeto the French jcinge then thofe that be of the lie of francfSJ it fclfejand are properly flench, and in like manner, the Britons, which came to that^"^*^"^ crowne by marriage,and were old enimies, "do ()^y much idle jet then the Gafcoy ns, and in a Ff / manner 'io8 A Confer me touching fuect^on manner do paye nothing at al, and the Nor-i mans do pay fome what more then any of the two, fo^: that they do lye fotnwhat neerer to Parris,and therhy arc mote in fnbieftion to the Sftti4it]u pfittce, though yet they pay lefle then the na- tural Frenchmen. The Candians alfo which is an Hand, a part, and ftandcth vnder the Vcne- tianSjdonotpaythe third part of the irapofi- tions fas by my owne information I lerned when I trauiled Itahe) that do the natural fiib- ietSb of the Venetian ftatc in Itahe. ^tesof ^^^t f hal \ fay of the kingdomes and ftates I^Miie. ofNapleSjSiqilie, and Millan , fubieft to the kingofSpaine,andgoitcn by coiiq^ueft^as hath bin laid,and yet pay they naone penny of tbat ancient great impofitionvfed in Spainc, called the AlcaudU which is the tenth penny of al that is bought and (bid, nor are they fubiedt to thelnquifiiionof Spaine (at leaft Naples and Mill^n ) nor to many other dutyes tributt and impofitions which the natural fpaniard is fubie£t vnto, nor is their any law or cdidt made \ in Spaine that holdeth in thofc countries , ex- * " ccpt it be allowed ratified and confirmed hf thofe dates themfelues, nor may any of their oldpriuilegesbeinfiinged, but by their owne confents,and when the king requircthany ex- traordinary fubfides in Spaine ) they beare na parttherof. Whervppon thefe men doafkcj^ vvbat it hurteth thefe ilates, that they ar e dra- pers, or vnder ftcaingers,or what priueledge is ti tQ (he fpaniard at hometthat he iS|Only vndet hishonij tdtbeefdH^ne. Part i. Cap. IX. loj Kisfaom-borne king, ifhereceaue leife beni« fits by that, then doth the (Irainger. And is not the likealfo vfed by the ftatc ofrke eem^ Ingland towards Ireland, are not the ^^^^^'^^{lifhvnt' and indulgences vfed towardes the ciuil Irifhdcrthe that Hue in peace much more then to the In-^"^^^^^* glif h themfelucs in Inglad? For firft,thcii' raxes and payments be much Icfle , the lawes of In* gland by nd them not exceptcthey be allowed and receaued by their ownc parlament in he- land. For matters of religion, they are preffed muchlefle then home-borne fubie^ls, albeit their afFedtions to the Roman religion, be knowne to be muchmorevniuerfal, then it is in Ingland. In al criminal afFayres&'punirhing ofdehcftes, the manner of proceeding againft the Irif h is much more remiflc milde & getle, then with the fubiedtsoflngland, (b as their being ftrangers^femeth rather a priuilege then a hindrance vnto them. But in no other country is this thing more of tfce^ cuidently to be confidered,then in the ft^tesof ^^J^^ Flanders & low countryes which by inheritSce (as hath bin faid )came to be vnder foray nc gouermet but fo much to their good & aduan^ cement (& that in a very fewyeares) aslcarfe is credible, except to him that vnderftadeth their former ftatc , vvhc they were vnder their horn- borne princes, & docoparc it with that which afterthey came vnto, vnder the houfe of Aiy- ftria,vnited vnto the crowne of Spainc. For before^ for many hundreth yeates^a matt fhal % I o A Confemee touching fucufsion fhal read nothing almoft, in their ftoryes , bur Warr, fedirion, and blood fhed among them- felu€s,and this cithcr^one ftatc whiih ^n oihei* before they were vnited together, al vnder one prince , or els with the kingdome of France, of whom in thofedayes ihcy depended, or els (and this mod of al) agaynft their ownePrin-^ CCS, of whom fome haue bin fo fearce and cruel vnto them y as they haue fhed infinite quantity of their blood, and among others , I Halaan " rcad oftheirCountc Luys, that in one day, he lib.i8.att. put to deathyfiue hundred of them by fentence of iuftice in Bruxelles, and an other day withia the fame yearc, hecaufed abouta thoufand to be burned todeathinachuihof thetowncof Neuel , befides infinite others whom indiuers battailesand fkirimfhes he flew, fo as often tymes the country lay ialmoft defolate,through their domeftical affli(5lions. cfpSn'^^ But nowfincethe tyme that the ftates ca-. dmvn. me to be vnder Phillip the firft, Archduke of hovvfe of^^^"^** and after king of Spayne, and fo re Atiftiia. may ned vnder his fonne Charles the Emperor^ and his nephew Phillip the fecond, that now liueth y vntil the late troubles and rebellions (which was about the fpacc of fifty yeares that they fo continued in peace before their rebeU Ijojit is almoft , incredible how thofe ftates in- cfard net ^^^^^^^ wealch,peace,and dignitic^fo that as ladcfcTit.Quycciardin the Italian hiftoriographer no* deUi r ^^^^ ' dcfcription of thofe country es, thc^ baflir* whole wealth andrichcs of the world feemed to flow Uthecrbyine. P^f. i. Cap. IX. ut to flow thither , and I my felfe can remember to hauc fcene fuch exceding abundance in vc* ry ordinairy men of this country, both for their dyet,apparrelj furniture ofhoufe and the like,as was wonder ful,befides that for their no- bilitic they were al great Princes, for that eucry one had hisprouinceorgceac towneingouer- mcnt,v\hich ihey ruled whiih that pompe and honor, as if they had bin abfolute lordes them- fclues, by reafon of the farrdiftanceof their fupreme Prince , and fo they were receaued Whithpubhque honor of alcitties and townes Sctheir charges borne wherefoeuer they palled, as fuch high eftates are wont to be. And albeit they had euer commonly a drain. ger for fupreme gouernoramongrhem vnderthcFic. their kinge,which bare the name to be aboue JJjj^^ them, yet did he in deed nothing but as they would haue him , and this partly for that his ^ time of gouerment being but fhort,he alwaies j attended principally to gect the goodwillesof j the people , and to hold them contented , and I therby to be grat-ful to his king at his returnc 1 home, and partly alfo for thatjf he fhould I attempt to do any thing againft their myndes I and hVing , they made reply by their prc- i fident and C hancelor andother of their ownc ' Councelers,re(iding for the Flemifh nation in the court of Spaync ( for this nation hath aU Waies a particulercouncel ther about the king I as al other foray ne nations alfo haue,thatarc fader him jand by this raeancs they abteyned lightly 1 1 3t A Conference lomtnng fuecefm lightly what they would , and brought the g(f^ uernor to what they pleafed,(b as in efFedt they were abfolute kings in themfelues, & wrought their willes in eacry thing , & tliis in that ty mc while the country was quicr. The in- But now fincc iheif rcoolt which hath in- YftKo^^ dured almofc thcfc foufeor fiue and tw^enty offenders yearcs^ what hath lucceded , farely their hath J^J*^ not a quarter Co many bin punifhed , or put to death in al thele Jreares by order of luftice of their king abreni,as before I haue f hewed that there were in one day, by their owne earles and dukes , when they were prefent , & that vppoa far leflc occafion and caufe giuen , then are / thcfcjfor if we take aWay the two noble men \- Egmond and Home, put to death at the be- ^ ginning of thefeFlemifh troobles by the duke of Alua ( for which fome men fay alio that he had no thankc afterward by the king ) no man of importance hath bin fince executcd,and the chcefeft townes that haue binandareagaynll the king in Holland and Zeland , are lufFred vntil this day , to traffique freely into Spayne, and yet we know that for a little beginning of 9> certayne tumult this laft ycnsie pad in Spayne, it felfc g to wit in the kingdofhc of Aragon, many headed haue bin ftroken of, and much iufticc done, where of then rifeth this difFerccc jio doubt for that the Flemmings are ftrain- gersi^ far of^and the other neere at home & mtur al borne,(oas thiscircnmflancc? of being a ftranger and dwelling far of doth tliem great plcafure. mhetroJtfne. Tart i.' Cap. IX. iij plcafurc , and giacth them piiuilegc abouc the homborne fubicds. The hke I might fhcwfor this matter of jhtspai. punifhmcnt in the fore faid dates of ftalie, ^^^f^ where if a mSdo compare the n;jmbcr of them Icflc in that were put to death pulled downe, or af Aided b^ order of lufticc, and other wile at the ho»«« commandemcnt of the Prince,in tymc of their owne home-borne kings , with that which hath bin fincc , efpeciaily of the nobility , you f hal not findc one for twenty , and the reafori of this is, for that their owne kings were abfo- lute, andhad togiueaccompt to no man, of their doings, and for that they were men , and had their pafljons and emulations with the nobilitie^and might put the fame in c^cecutioii without accompt or controlment, they pul- j led downc & fct vp at their pleafure , and made I oftentymes but a ieftofnoblcmens liues and ! dcathes,buinowthefc that are gouernours& i viccroyes for a forraine prince, fitft they haue ! not fo great authority or comi(Iion,as to touch any fuch principal perfons liues , whithoiic giuing relation therof , firft vnto i heir king & councel , and receauc againe particuler order for the fame,and then they k nowing that after do giuc their three yeares gouermct is ended^ihty muft^^^^jj^^ be priuate men againe, and ftay their 40. daycs goucr-^ as (ubiedsvnder the next new gouernour, to°^^ giue a reconning of their doings againft al that l hal accufe them ( which in ihefccountryes they call to make their rciidence ) they take heed^ J 1 4 A Conference touching fuccejfion hecdc what they doc , and whom they offend^ fo as the condition of nobiUty, is far different vnderfuchafl:raingegouerment,as this is ter^ ined,chen vndera natural Prince of their ownc con ntry which opprcflcth them at his plcafurCi flau^tcr draw necr homward , if we wil ' ©fnobuu examine and confiderer what hath palled ia fiani!'*" Inglandin this point of mallacring our nobi- lity , by our domeftical Princes, it is a matter lamentable , for it may fceme that they hauc (crued ofcentymes for our Princes to make difport&toplaywhith their heades. And tQ letpaflealthofcjwhich in tyme of warres,rc- foellions, & comotions, haue bin cut of^ which occafions may feeme more iuftifiable,! do read alfo in our chronicles that , a Safigue freddo , as the Italian fayth, that is to fay , in tyme of peace and by execution of iuftice, at thePrin- ces appoyntment , thefe noblemen following andknyghts by name, were put to death, with in the (pace of one fine yeares inking Henry the fourth his dayes. The duke of Excefter^ the duke of Surrey, the Archbif hopofYorke, the earles of Salif bury , of Glocefter , of Worccfterand of Huntington, The earle mo\V- bray carle marfhal. The Baron of Kindertoa S.Roger Clarington,baftard fonne of Edward the black Prince. S.Thomas Blunt, S.Barnard Rocas, S. Richard Vernon. And agayne foonc aftcrvnder king Edward the fourth, in almoft whiih in as litlcfpace.The dukes of Somerfer, and of Exc^fter, The eailw of Deuonf hire , of Oxford tothecrtfr^pnt. Tart. 2. Cap, IX. xif Oxford , and of Keyns. The Lord Rofle, the Lord Molyns, S.Thcmas Tudingham, S.Phil, lip Wencvvorth, S.Thomas fyndam, and many others afterward, ( for this was but at the be- ginning of bis reignc (which number of nobi- lity if a man ( hould haue feenethem aliue to- gctherwith their traynes, before they had bin put downe, he would haue faid they had bin a very goodly company , & pitiful that fo many ofourowne nobilitie f hould be brought by our own Princes to fuch confufion. Butyet this matter may feemc perhapps the Exccntiol lelTe maruelous , and more excufable , vnder thofe two kings , for that troobles and conten- ry the-** tionshad pafled a little before in the realme^^^S^** about the fucceffion , and heervppon fo many ofthe nobility might be cut of, but let vs fee then what enfued afterwards, when thinges were eftablifhed and al doubt of contention about the fucceflion taken away, as in king Henry the eight his dayes it was , and yet do I finderegiftred in our chronicles tbefeperfons ' following either made away cutt of, or put I downe , by the faid king^to wit, two Queenes j Anne and Catherin , Three Cardinales put 1 downe and difgraced Woiry,Poole,and fy f her, ! vvherofthelaftvvas beheddcd, foone after his ' dignity giuen him in Rome, and the fiift was 1 arrefted,ihe (econd attaynied of imagined trea- i fons. Thtee dukes put downe, to wit , the no- ble dukes of Buckingham, Suffolk and Nor- ! folke, wherof the laft loft his lands dignities I Gg • and 11 6 A CmfemcetBUchkg fuccefm and libertie only ,ibe former two both Landcs & Hues, A marques with two carles beheaded, Dcubnl'hire , k) ldare,and Surray, two Coun- uflescondenincdjtodye, Deuonfhire and Sa- lif.bu ry, and the latter executed: Lordes many, as the Lorde Datcy , the Lorde Hufly , the Lorde Montagne, the Lorde Leonard Gray, the Lord Dacresof the fouth, theLoidCrom- Wel, and fix or feuen Abbots. Kinghtcs alfo in great number, as fine in one day, with the Lords Hully , and Darcy , and fiue in an other day , with the eaile ol kildare whofe vncles they were, and befidcs thera^ S.Thomas Moore , S* Rice Griffith, S.Edward Neuel, S.Iohn Ncucl, S. Nicholas Carew , S. Adrian fortcfcue , and diaers other kmghts of great accompt & then gentlemen almoft without end. Kmg^Ed- ^^^^^ within the fpacc of lo.yeares, ward and of his rcignc, and in the ly me of peace , and yf Q|?«"c looke vppon butfowcr or fiueye^es to- gether of the reigne of this mans children , wc f hal fee ilie like courfe continued, for we fhal (ec put to death within the (pace of foiire yea- rcs/al th^fe following by name. The duke of Somerfet jthe duke of Suffolk ,the duke of Northumberland, and the L. Admiral of In- gland, S. Miles Partrigc,S.Raphc Vane , S. Mi- chel Stanhope, S.Thomas Arondel, S. lohn GatcSjS. Thomas Palmer kinghtes,with diners other gentlemen of there retincw , and al thcfe by natura1,domeftical,and hoiuborne Princes, whcicas 1 dare to aduenturc ^ the greaiefc wager to the troT^ne. Vart z. C A f. I X. iiy wageithatlcan make that you fhal notfindc fo many put to death of thcnobihry , by any ftrainge Prince,ftate, or common wealth chri- ftian , in any forraynedominion that they pod fcfle, in many ages together , and thereafon therof is euident, by that I faid before , neither weteirpollicy or wifdome , nor could thecau- fes be fo often , nor ordinarily giuen by the no- bility to a Prince that were abfent from them to vfe fuchefeueritie, fo as by this it may alfi> appeare,ihat to be vnder a forraine gouerment euen in the woorft kinde therof, that can be deuifed , which is to be asa prouince or peecc of an other kingdome , and to come vnder it by very conqiieft it felfe, is not fo dangerous a matter, as at thefiift fhew itmayfeeme', and much lefTetobevnder forraine gouerment, by other fweeter meanes offucceffion, or compo- fition,as the prefent cafe of Inglandfeemeth ta import, in refpeft of ihofe forainc Princes which do pretcnde to the fucceflion therof. And this is not only f hewed and declared by the ftate and condition of Flanders , before happciy their tumulres,but in hke manner it is feene,by ^1 ^oytay- the prefent ftate of Britanie,Normandie,Aqui-ccs/"^* taine, Prouence, and other dukedomes and countries in France , that were wont tohauc their owne particuler Princes , and now arc much more commodioully, vnder the crownc of France. The likcisfcencby the ftarne. Tart. i. Cap. IX. 115 •gainft their nobility , and then by the bloody failing out of their chiefe families^theonc a- gainft the other, to wit ihc Funan0'tfconti,Mar^ (clliyMirabelliyCaJltltenty^nd sforz.i{which familic laftofalpreuayled) he! fay that fhalremem- ter this , and then behold the prelent ftatc with the quiet peace, faftie , and riches wherin they now Hue, wil eafely confcHe , that they haue changed for the better, though they be vnder forraine goucrmcnt, and thus much of . thispointe. Their remayncth to fpeake a woord or two vvhethet about thefecond part of the qu^ftion , before fjjf[^^^ propofed and included partly in this which al- Prince be redy hath bin treated , to wit, whether it be better to be vnder a little or great king, which queftion though it may be decided in parte by that which before hath bin alleaged , about being vnder a forraine Prince , yet more parti- j culerly to make the fame playne^ thefe men do 1 fay e, that the reafons be many and euident to proue, that the fubiedlion to a great & mightic monarch , is far better: firft for that he is beft able to defend and protect: his fubiedls, and fecondly for that he hath lead need ordinarily I to pill andpole them , for that a little king, be i he neuer fo meane » 'yet mufl: he kepe the ftatc I of a king,and his fubiecfts muft may nteyne the I fame, and if they be but few, the greater vvil I thebarthenbe ofeuery onein particuler , and I thirdly, for that a great and potent Prince,hath more to beftow vppon his fubie<5i:s for reward Gg 5 ofvertuc no A Ccnferme touching fucccfton of vertue and valourj rhen hath a poore Prince, and feing that cuery particuler fubied , borne within his Princes dominions, is capable of al the preferments which his Princes ftate or Jkingdome do yeeld , if he be worthy of the fame, it is a gieatprcrogatiue(ray thefe menjto be borne vnder a potent Prince , that hath iDuch to giue ^ which they declare by this ex- ample following. V ^to* ^ man that is borne in the citie of Genua fhevv thcor Geneua/^foi both are ciryes and ftates withia d^^ta% ^hemrelues(let him be of what abihty or wor- thines (oeuer , yet can he hope for no more preferment, then that common wealth and ftate can giue, and if their fhould be many vvoirhy men borne their at one tyme , then Were this his condition vvoorfe, for then muft be part alfo with other men, though their Were not fnfficicnt for himfelfe , and the moft he could afpirevnto, if he vvereanecclefiafti- cal man, were the greatcft benefice within that ftatejnnd on the other fide,if he were a tempo- ral man, he could not hope for much, for that the ftate hath it not to bsftow, but an other that is borne vnder a great monarch , as is the king of France or Spayne , in thefe ourdayes, that hath fo many great bifhoprickes (for ex* ample fake) and other fpiritual lyuings to be- ftc^w vppon ahe cleargie , and fo many high gouermenrs and employments , both of vvarr and peace , to giue vnto temporal men that caadefeiuctheiame; this man (I fayjhath a great to thecrd^ne. Tart i. C a p. IX. ii i great aduantage of the orher,in refped of pre- fcrmcncat this day , but much more was it in old ty mc, to be borne vnder the Roma Empire, when ithad the preferments of al the world to beftow, for that eucry fiibiefttherof , was capable of al the (aid prefcrmeats, fo far fourth as he could makehimlelfvvorthy, and deferuc the fame. For better explicatio of which point yt t , I haue thought good to cite in this place, the woordes of a certaine learned kinght> that iaourdayes hath written the hues of al thc^^^j'j^ Roman Emperors,and in the life of one ofvit.dc-^ them, that was an excellent gouernour, na-^"p^J" med Antoninus Pius the iaid kinght hath this difcourfe enfuinge. Their was in this mans gouermentCfaid he) „ great contentment and ioye on al hands , great peace and quietnes , and very great iuftice , and truly it is a thing woorthy in this place to be conlideredjwhat vvas the humane power andJhcRomS how infinite the forces of the Roman Empire S^"""^^^ at this day, and how great was the liberties* quietnes , fecuritie , welth and contentment of the fubiedts that liued vnder thatgouerment, when good Princes had the menagingetherof, *> as was this Antoninus and his fonne Aurelius, : that followed him, and as were Adrian,Traian 3> • and diuers others. Wl^at a thingwas ittofec'' their CQUftes frequented freely , by al the noble valiant and lernedmen of the world, to fee the '> [ vnionand frendJy dealing of different nations together , when al ferued one Prince ^ fo as sl^> Gg 4 man V ill A Conference touching fuccefsion »> man might haue gone ouer the whole world, j>or moft and befte partes therof , with al fc* V curity , and without al Cearc , al nations and j>countreyes being theic frends , neyghbonrs, 9) or fubiedks , nether was their neede at that 9> tyme of any pafporrs or fafecondaftes, nor 9> of fo often change ofcoyne,to trauaile,as nowe 9> their is , nether yet were their new lawes euery 9> foote,as now be founde in different countryes, j> neither was their danger of enimies, or to be J, taken prifoners, and captiues , nor could any 9> malcfaitordo a mifchief in one country and J, flie into an other, ther-byto be free from pu- s/nifhrnent, and he that was borne in the very »,Orcades or furtheft parte of Europe was at 99 home thoughe he vvere in Africa,or Afia, & as i> free denizen as if he had bin borne their, mar- chants alfo might pafle at that daye from country to country, with their marchandize, t» without particuler licences or feare of forfeits, and finally the temporal ftare of a fubicdl was vvondcrful happy^ at that ty me. Thus far diicourfeth that learned knight, & no doubt but that his difcourfe and confidera- fion is founded in great reafon, and he that vvil leaueatthis day , the many commodities, ofbcing vnderagreatand potent Prince, ^if it lye in hisowne bands to chufe^ for this only circumftancerhat heisnot borne in the fame country wirh him, is a man of fmale iudgment ^nd c.ipacitye in thefc mens opinion, and mea- fureth niactcts of publi(jue vxilicy , with a f^lfc fothecro-r^He, Part. i. Cap. IX. iz| faKc vvaight of fond afFedlion, And thus much may befayd bfthefirft waye of being vnder ftrangers and forayne gouer- ment, which is that, which vulgai* men da moftabhorrcand inueigh againft,to vvic^ to be vnder a forraine Prince , that liueth abfent and ruleth by his gouernours. But befides this,their is an other manner of ^. ^ being vnder a forraine Prince , as when an JvayJ^of , allien Prmce Cometh todwel among vs ^ and Ijcingvn* this by either of two vvayes, to wit, char either nTne^^* this Prince cometh without forces, as did king Stephen, and king Henry the fecond , that were frenchmen , as hath bin faide , and ca me toliueandgouerne in Ingland, but without external forces : and as king Philh'p of Spayne, came afterwards when by marriage of Queene Mary he became king of Ingland : and as the lall king Henry the third of France went into Polonia,by thefreeeledion and inuirationof that nation, and as his brother Monfieur Fran- cis duke of Alenfon^fhould haueentred after- ward to haue bin king of Ingland, if the mar- riage pretended betweene her maieftie and him had gone forward and taken efFeit, as many thought once that it fhould. This I fay is one way, and an other is , that this Prince do bring forces vvith him/or his owne affurance, and thefe cither prefent ^ as the Danif h kings S^eno.CanutuSy KayMus , znd Hardtcanuttu did, iand as after them the Norman Princes alio vfed, I mcanenot only WiUiam Conqueror, Gg J himfcife^ 224 Conference touching fuccefm himfelfe, but alfo his two fonnes Willia Rufus, and Henry the firft, who either by help of the Normans, al ready in Ingland> or by others brought in by ihem afterward , wrought ^theic vvil , or els that this Prince fo entring hauc ibraine forces , foat hand , as he may call and v{e them when he vvil 3 for that they hauenoi fea to pafle, which is the cafe ofrhekingof Scotts>& of both thefe waics thefe men do giuc their fentence diftindtly. A foriay- For as concerning the former way, when a ?^"forraine Prince entercth without any forces^ foots not atal, and with intention to hue among vs,they jP^udt- {^Q^ ^ that their is no danger, nor yet any in- couenience can iuftly be feared: for that in this cafe he fubiecfteth him felfe, rather to the real- me^and nation, then they to him, and if he hue and marry in Ingland , both himfelfe and his children , wil become Inglif h in a little (pace. And for his owneafiurance he muft beinfor- ced to fauour, and chcrif h^and make much of the Inglif h nation , and be liberal gentle , and frendly to al , for gaining their good wiUes and frendfhip. Andinone vety great and impor- tant pointe, his condicion is different , and . better for the Inglif h, thenany Inglil h kings ^jlfj^^^f can be , which is, that he cntreih with indifFe- a for^ync rent mynde towards almen, hach no kynred or alliance within the land, to whom he is boundc, nor enimye againllwhom he mayc be inticed to vfe cruelty, (b as only meiit or de- merit of each ma, muft raoue him to fauour ot dibfauour. Uthtm^ne. Tart 2. Cap. IX. 12 j disfauourAvhich is a grcai foundatio ("fay ihcfe roenyofgood and equal gouermcnr. Agay nc they fay^rhat in refpeft of the ftare prefent of Ingland,and as now it ftandcth, and jhcmS- forthe publique good nor only of thecom-ncr of , mon fiibie(9-s, bucalR) of the nobility, and'^^r^"* 'cfpecially and abo'je oihcrs , of the loglifh more c5. competitors and pretenders that cannot al^^^^^J* fpcede , no way vvercfo commodious^ as this picfcae* to avoid bloodf hed ^to wit^thar fume external Princcof this ryme, fhould be admitted vpponi fuchcompofitions and agreements, as both the realme I hould remayne which her ancient li« berties, and pcrhapps much more then now it cnioyech(Tor fuch Princes commonly & vppon fuch occalions of preferment , would yeeld to much more in thofe cafes then a homborne Prince would ) and the other pretenders at home alfo , fhould remayne whith more fe- curity then they can wel hope to do vnder any Inghfh competitor, if he come to therrovvne, who f halbe continually egged on by bis owne kynrcd , and by the auerfion emulation and hatred, that he hath taken alredy by conten- tion againft the other oppofite houfes, to pul themdowne, and to make them away , and fb we hauefeene it by continqal examples, for many yeares, though nooccafion(^Uy thefc men) hath euer bin offied tofufpedl the fame fo muchas now,ifany one of the home Inglif h blood, be preferred before the reft, and this is fo much as they fay to this fecond kinde of being %i:6 A Conference touching fuecefsion firay of ^^^"g vnder forray ne Princes. To the third, being vn- they confeIle,that it ftandeth fubiciSt to much iahic%o- ^^"8^^> and inconueniencc,to admit aforaync ucrmcnt Prince , to Hue among vs , with forces , either prefentorroneere,as that without refiftancc he may call them when helifteth , and of this their needeth no more proofe ( fay thcfe men) then the examples before alleaged of the Danes and Normans, and the mifery and calamity which for many yearee, the Inglif h paffed vn- der them, and further more the reafon heerof is euident , fay thefe men , for firft in this third kindcof admitting aftrainger king,we are de- priucd by his dwelling amongeft vs , of thofc vtilities before mentioned , which Ireland, Flanders, Britanie, Naples, and other ftates, enioy by liuing far of from their Princes,which commodities are^much more Iibertie,and free- dome,lelIe payments^lelle punif hments, more imployments of the nobility and others in go- uerment, and the like. And fecondly, by his comming armed vnto vs , we cannot expe(5k thofe commoditieSjVvhich before I touched in i the fecond kynd of forraine gouerraent, but j rather al the incommodities and inconuenien- \ CCS that are to be found either in domeftical or * foraine gouerments al fl faye)db fall vppon thfs third manner of admitting a ftranger,as . cafily fhalbefcene. For firft of al the grcateft incommodities that can be feared of a domeftical Prince , are, pride, crucltie^^partiality, purfuing of fadlions, and tothecYoitne. Tart. i. Cap, IX. 117 and particuler hatred, extraordinary aduanfing ^^^^"l^ of his own kynred,preffing,py nching,and ouer ticai go- rigorous punifhing of his people , without feare, for that he is euer fureof hispartie to ftand whith him within the rtalme, and fo hath he the le(Te refped to others , and for that al thtfe inconueniences , and other fuch hke, do grow for the moft part, by the Princes con- tinual prefence among his fubieds, they arc incident alfo to this other, though he be a ftrainger,for that he is alfo to be prefent,and to liue among vs, and fo much the more eafely he may fall into them, then a domeftical Prince, for that he f hal haue both external coucel of a people that hateth vs , to prick him forward in jit, as alfo their external power toaffifthimin ihefame^which two motiues euery domeftical Prince hath not. Agayne they fay, that the woorft & greareft incomte- jincommodities of a forraine gouerment , that ^ imay be feared ,are, tyranny and bringing into uermclt! iferuirude , the people ouer who they gouerne, and filling of rherealmcwiih ftraingers, and ideuiding to them, the dignities, riches and pre- ferments of the fame, al which they fay, arc in- bident alfo fay al probability to this third kindc pf forraine gouermet, where the Prince ftrain- ger lyueth prefent and hath forces at hand to (woorke his vvil, and this is the cafe, fay ihey,of the king [of Scotts , who only of any forraine pretender, femeth may iuftly be feared, for thcfe and other realbnsallcaged before , when nc talked 2x8 A Conference touching fucccfm Wc talked of his pretence to the crowne. To conclude theriythefe men are of opinion, fhac of al ihcfe three manners of being vnder tl ftraingcrs, or admitting forraine goueimenrs, this third kynde pt^cuLar as it were to the kingcof Scotfcscafe, is to be only feared, and | noneels, for as for the fecond they fay that it is not only not to be feared , or abhorred > but ra- ther much to be dclyred, for that of al other fortes ^it hath the leafl: inconucnicnccs.and Strang xt\o{i commodiiies, for which caufcs, we read lours de- and fee, that wher kings goe by elcdion, com- faml ac *^^"'y ^''^^y ^^^^ ftraingers, as the Romans and limes, Lacedemonians did often ai the beginning,and after the beginning of the Roman Monar chie, their forraine borne Emperors, were the bcft and muft famous of al the reft ,asTraian and Adrian that were Spaniards, Septimius Seue- tus borne in Africa , Conftanrinc the great na- tural of Ingland, and the like ,and the very woorftthat euer they had, as Caligula , Nero, Hfrliogabolus , Commodus , and iuch other like plagues of ihcweale publique^vvere Ro- mans 5 and in our daycs , and within a few yea- res, we hiue feene that the Polonians , haue chofcn three kings ftraingers , one after an other , the firft Stephen Battorius Prince of Tran(iluania,thefecondHenry of France, and laft of al the Prince of S wccia , that yet liucih, and the ftite of Venetians by way of good pol- lici,hauc made it fora peipecuall Law, that W'hca they hauc warr CO make , and m uft needs choofc tothecrol^ne. Tart i. Cap. IX. 119 thoofe a general Capcayne , and commit their forces into his handes,hc muft be a ftranger, to ,Wit,fome Prince of Italic, that is out of theic [Qwneftates, heerbyto auoydepartiahty , and fto hauehim the more indifFt rent ^ and equal to them al , which yet fo many prudent men ;vvould neuer agree vppon, if there were not jgreat reafon ofcommodities therin , fo as this ipointisconcluded,thatfuchas fpeake againft jthis fecond kinde of hauing a forrayne Prince, fpeake of padion ^ or inconfideration , or lackc of experience in matters of ftate and common vveahhes. As for the firfl; manner, of being vnder forai- nc gouerment , as a member or prouince of an other bigger kingdome, and robe gouerned by a deputic , viceroy or ftrangcgouernour , as Ireland, Flanders, Naples, and other ftares be- fore mentioned be , vvithcertayne and ftable conditions of liberties,and immunities,and by a forme of gouerment agreed vppon on both fides,thefe men do confefle alfo,that their may ;be arguments, reafons, and probabilities allea- iged on both fides, and for both parries 5 but yet Ithat al things confidered and the inconuenien- Ices, hurt es,and dangers before rehearfed , that jlubiecfts do fuffer alfo ofcentymes , at the han- desof their owne natural Princes, thefe men |are of opinion, for thecaufes alredy declared, that the profittes are more and far greater, then the damages or dangers of this kynde of for- rayne gouermet ate, and fo they do anfwere,to al the a } o A Conference tonchtng fuccejfion al the reafons and arguments allcagcd in the beginning of this chapter , againft foiraine go- ucrment, that either they are to be vnd^rftood The an. ^^^^ Verified only of the third kinde of forraine ob cfti's B^"^^"^^"^ before declared^ (which thefe mcti a^ahift^^ doconfeile to be dangerous) ot els they arc forraync founded foi the moft parte, in the error and goueimet pj-^j^^j^g ^j^jy jj^e vulgar forte of men, who being once ftirred vp, by the name of ftranger, do confider no furder what reafon or not reafon,ihere is m the matter, and this fay thefe mcn^ought to moue vvifemen litle , for as the common people did ryfe in tumult againft fhc french(forexample)in5/r///4,and againft the Inglifh in France, and againft the Danes in In- glandjfo vppon other occafions,would they do alfo againft their owne countrymen, and often tymes hauefo done , both in Ingland & other J. VI her , when they haue bin offended or when fedirious heades haue ofFred themfelues to leadethem to like tumults, fo that of this they fay litle argument can be made. ArSvvtt The like in cfFedl they do anfwere^ to the ex- 1 GrJcian ^^P^^s bcforc alleagcd of the Grecian Philofo- l| Phiiofo- phers and orators 3 that were fb earneft againft . J^^;^/^^^ in , hispolitiqucs he neuer handled exprefly this our qucftion ,and confequently weyghed not the reafons'on both fides, and fo left it neither decidedjUor impugned,and he that was maftcr to Alexander, that had fo many forraine coun-» try cs vndcr him , could not wd condemne the fame i totbctron?ne. Tart. i. Cap. tX. i^i t^ame: and as for Demofthenes no maruaiie J^^^^: though he were fo earncfl: againft king Phil- ^ ' lip ofMacedonia his entry vppon thecictiesof Greece^bothforthat he waswel fecdc on the one fide, by the king 'of Ada ( as al authors do affirme) to the end he fhould fet Athens and other Gtecian citties againll: king PhiUip, as alfo for thai his ovvnc common wealth of Athens vvasgouerned by populetgouermenc wherin himfclfe held ftil the greateft fvvaye by force of his tonge with the people > and if any king or Monarch of what nation foeuer^ fhould haue come tocommauadouerthem, (as Phillipps (bnne king Alexander the great did (bone after) Demofthenes fhould haue had lefle authorixy>as he had, for that prcfently he was banif hed,and fo continued all the ty me that Alexander lived. But if vvedoconfider how this ftate of the Athenians paflcd after- ward vnder the great monarchy of Alexander and other his followers , in refpc<5t that it did before when it hued in hbertyc^and vnder theit owncgouermentonlyahefhal finde their ftate ixnuch more quiet, profperous,and happie , vn- der the commandement of a ftrainger, then jvnder their oWne , by whom they were conti-^ jnually rolled and turmoyled with brallcs^emu* lations, and feditioas ^ and ^^^^^^V^^^^^^^^^^Tl^g^^^- Inizedjby their owne people as the bluddy con. bieforae^ tencions of their Captaines Anftides ,Themi- ftateot cles, Alciblades, Pericles, NiciaSj and others ^-Jnci^ io declare^ and as euident amonge othe r tyc$- Hh thinges ^ , 1X1 , A Con^trtnceuuthm (utcefm 5oUi.c i,thinge$ by the ir wicked law of Ojtraafmm which was to banifll for ten ycares, who* focuer were eminent or of more vvifdomc, vveahh> valour, Icrning or authority among them then the reft, albeit he b id committect no crime or fault at aL And finally their bauin^ of thirtic moft horrible and bloody tyrants at one time in their cityc of Athens , in llcedc of one gouernour , dothc duidently dbctare thfe fame ( faye ihefe men ) aind do martte manifcflt howvaine and foohfh an imagination it was^- that vexed them how to aiioyd iht goucrmentf of ftiaingers^, feing that no ftrainge gouemou/^ inthe woildjvvouldeuerhaue vied them as they vfcd ihemfelues, or fo affli(3: them, they afflided themfclues. AjifvYct To the obiedion out of Deutronomy vvhci! «oth€9b. appoynted the lewes to chufe a kmg onlil ot Deu- or their owne nation, thelc men do anlwercj ttonomyccJ)^^ this wasat that tyme, when no nation be Peut.i;. ddes the Icwes had true religion amonge then which pointe of rehgion, theCiuiliin hktl wel declared before , in his laft difcourfc ^ to bi^ the cheifeft andhigheft thing that is to be reP* pedcd , in the admiflion of any magcftrate, for. that itconcerntih the true and higheft endeoF a common vvealth,and of al humane fociet^V and for that the Gentiles had not this orna- nicnt of true religion, but vverc al deftitute ge- nerally therof, the levvcs were forbidden not only to choole a king of the Gentiles/ vvhichi: might peiuert and^ corrupt them ^ but alfo to coropa- toibecToT^nc. Vart 2. Cap. IX. ijj |:ompanie conuerfe create and drinke with them,and this was then : but y^t afterward yvhen Chiift himfclfc catncinfo thcvvorldj^ ind opened hi$ church both to lew and gen- tile,hetookeaway this reftrayqte, (pas now zt C^hcidian nations^ arc alike, for fo much as ap^ perteyneth vntogouerment. And co(cqucntIjr to a good and wi(e Chriftian man » void of paflipn and fondeaffe(9tion , it litlc impprteth fas often bc/x>re hath bin (aidj of what coun* try, nation, or linage his goucrnour be, (b he ^ouerne wel, and hauc the partes before requi-« red ofpietie^ reh'gion, iuftice,manhoodc , and other the lifce reqiiifite to his dignitie degree and charge , $y which partes and vcrtues only, {lis fubiedis arc to rcccauebcnefits , and not by; his country, generation, linage or kynred, and this is Co much as I hauc to fay at this tyme about this afFaire. OF CERT AY 6 T H E R S E C O N D ART {AND COLLATERAL LI»ES ANCi BQ> extreme ^ouht-fuUll thcfe pretences be^Atii li^bich ofal thefe pretendors are moflt likg to preuaile in the end,& to get the mli^ne of IngUnd. Cap. X. Frer the lawyer had ended his diTcourfe^ about forraiuc goucrment, he fcemed t<> Hh i bsfoitt; ij4 A Conference tonchmfuccefston be fom what wearied , and (aid he would pafla no further in this affaire , for (hat he had no- thing els to faye but only to note vnto them that befidesthcfe principal titlers,df the fiac houfes mentioned, of Scotland, SufFolke, Cla- rence, Britanie and Portugal , their were other fecondary houfes and lines alfo ilTued out of the houfes of Lanc^fter andVofke, as alfo of j^^,"^ Glocefter Backingam, and fomc other, as may ^ppearc by the genealogies fet downc before in the i.and j.chaptres jof which lines (fayd he) their may be perhapps confideraiion had alfo by the common wealth when tymc fhal comeofchoifeor admiflion , the matter ftan- ding fo as the Ciuilian hath largly declared & f hewed before,whichis,that vppon fuchinft occafions, as thefeare , the common wealth may confult what isbeft.to be done, for het good and preferuation ^ inadmittinge this or that pretender, fcing that this is the end why al .'gouerment was oroeyried , to benefite the j)U* blique. And for fo muchc as their is fuch variety o per fons pretendcts > or that may pretend^in the fiuchoufesalredy named, as before hath byn declared, (which perfons at leaft do make fomc dofen more or lc(]c)and thatbefides thefe, their Want not others alfo of fecondary houfes , as is cuident as well by the former difcourfe, as alfo by the arbor that of thefe matters is to be feen^ , the Lawyer turned to affirme againc, that the V cucnt muft uccdes be cxcedingc doubtful, who fhaU totheero%He. Vayf. T. Cap. X. iff \ f hall in the ende preiiaile , for that befides the ^ niulriiude before named of pretenders, he a- bouchcdvery ferioufly, that after al this hii fpeech, he could not well refolue with him Ambu fclfe, which of al thefcritlesinttue right of ^I'J^^^^^ i ilicceflion, was the beft,and much lelTe, which ge. I cf the ty tiers was likeft to preuaile , and this I I prcfume the lawyer told them of himfelfe, foe that he did cafely forfec and imagine, that after I al chefe arguments, on euery fide alleaged , he f hould be requefted by the company (as vehe- mently he vvas)to put downe his opinion what bethought and iudged of al the whole matter hitherto difcufled, and of euery mans pretence in particuler. i Which in no cafe he could be brought to da for alonge tyme,buc refufed the fame vtterly and craned pardon , and yeilded many reafons K'vhy it was not couenjent, itVight be odious. B.ual would not ferue to acqiiJet tfie compa- I nye,which with all earneft importunitie vrged ! hym to fatisfie their requeft, & fo vppon large, 'and earneft intreaty, he was content in the 'cndetoyeeld to this only , that he would lay jtogether by way of difcourfe , the probabilities iofeuery fide l and laftly (et downe in two or 'three propofitions , or t-atharconiecaiures, his Ipiiuate ghefle which of them in his iudgmcnt Ivvas likeft to preuaile*. * ' Tn-^ i Firft then he be^an to fav . that the probali- g«>undec ties of prenaihng or notpreuailing or euery {^iifji^o^ one of thcfepretendors in the next fuccefnon,^ecdiag/ ^ Hh 3 ofchc of the crownc of Ingland thcfe pretenders^ roaye be conHdercd and meafuKed either iii ret pe(J^ of the partie of religion , chat was like in Ingland to fauoiir him, and His pretence, or els in refpedt of his ownc particujcr familie, fiends^ and allies » both at honie^ndabroad. And for that the partie of religion is like i6 weigh moft , andto beaic the greatcft fwaye, knd moft potent fuflfrage and voice , in thi$ a(9^ion,and that with reafon , according to that the Ciuilian' hath proued at large in the laft of Kis^ifccurfes: rhercforp f hal I alfo ( quoth the lawyer ) firftofal treat of rhispointc of re- ligion in this my laft fpeccheo"* 1 ' Thret re- It is wtl khowne(faid he) that in the rcalmc llf^fjjjfjj*" of Ingland at this day .there are three different and oppofite bodies of religibn , that are o£ moft biilk / and that do carry moft fway , and power , which three bodies, are knowne com^ monly in Ingland by the names of Proteftanrs, Puritanes, and Papiftes , though the bter two, do not acknowlegdc thefe names , and for thd lame can (e would not I vfe them neither , if it were not only forcleernes and breuitics fake^ for that as often I haue protcfted , my meaning isi not to giuc offence to any fide or paitye. Thefe three bodies'then(quoihhe)do com- prehend in cffed al the force of Ingland , and do make fo general a diuiHon and icparation^ ^ thrpilgh-out the whole lande, in the hartesiSfi fnyndcs of their frcnds,fauourers,& followers^ if I be nof dec^^aued^ no one thing is lykc fo ''^ mucla t9thecftlttffit. Tart 1. Ckv. X. ijr I ijiuch to be rcfp€(aed,in each pretender, for his ' aduanccracntor depreflion , as his rehgion or inchnation therin,by ihem that muft aflift hira ar that daye,and are of different religions them - ifclues.And tnorelam of opinion {{ayd he)thac jalbeic in other .changes hcertoforeinlngland, as in the entrance of king Edwatd and Queene 1^.^%^^^ Mary,and of this Queenes Maieftie that nowtanccof is , diuers men of different religions , did for [^^'f f*?*^ other rclpeas , concur and joync together ror aftionjr. thefe Princes aduancements , ( notwithftan- fdingthat afterwards many pf them repented jthc famejwhich is to be fcene, in that for king I Edward al the realms wiihoui* exception did j jconcurr , and for Queene Meiry , it is knowne, ^hatdiuers proteftantsdid by name,&among pther points it is alfo knowne that Sir Nicho- ias Throgmorton a feruentproteftant in thofe dayes , being of king Edwards prmy chamber, jdyd not only, aduile her of the fyckncs and de- jcay of king £dward frpm day to day , but alfo vvasthefirllthatfent an expreflc meflenger to [i aduife her of her brothers death, and what the ' two dukes of NorthumbeLl^nd and SutFoIke, did contriueagainft jiec, and that with fuch celeritye,that king Edward dying but on thurf. day night, the tenth of Iph the Lady Mary was moft certainly ,aduifed tiicrof^by faterday mcr- : ning ncxt, and that very early , in kenninghal cafUc of No[folkc, 8o. miles of, and diuers Other proteftantsdidaflift her alfo , in that her ^mrcy^as in like manncral thofe of the Roman \ Hh 4 i^l^§*-^P.i5 AConfemcemchin^fu(Cefsm religiott, without exception , did aflift h^r rmZ ieftie that now reigneth, after the difceafc of the faid Queene Mary and this was then. The next now am I of opinion , that njatters vvil f hangc fal out f.ut othefwifc , at the next change , and li!^^cuit^ this partly peraduenture, for that the titles of fevyhj. fucceflion in the pretenders, are not fbclceare, but rather much more doubtful now , thea they werethcn,and p^nly. ('or rather principal- ly) for that men in ty me are come to be of more ^ refolution and determination in matters of re- ligion , and by contention and purfuing ohq the other , are become more oppofite and ene^ niyes,and more defirous of reuenge,and further alfothen thiSjthofcthat be of milder conditio, and haucnotthefe paflions in them , yet by rcafon and experience they do fee the great; ablbrdity and inconuenience that enfueth , by that a man of one religion , f hould giue dydq to the aduancement of a Prince , of a contrary religion , to that which hi mfelfe doth cfteeme and hould for only truth , which in him that fa doth,cannot bedenied,butthat itis a pointeof litle zeale at the leaft , rf hot cocempt of God & of rcligion^or of play ne atheifme,as others v vil call it. And moreouer, I rcmcmber ihat the Ci- vilian before iarheende of his fpeech , inuei<» ghedalfo much againft this pointy and f hewed that befides lack of conference and reUgion^ is; was in like manner agaynft a! hunnane wif- rfome & pollicy,tofauor a pretender of a diffe- rent religion from him fclf, and this for diuets fotbeere^ne. Tart. i. Cat. X. twfons^that he layed downe, which reafom I confcflc preuayled much with me, and I da altovv greatly of that his opinion and afll'rtion, which aucrred that the firfl: rc(pe<5): of al others ought to be God and religion in this great af^ fay re, of making akingeor Quecne,and that without thys, no title vvhatfbeuer ought to preuaile or be admitted, by chriflian men , and that thccytties of France , at this day do not amiflfe but iuftly and religioufly (fo long as they arc of that religion that they arc J to ftand agaynftthe king of Nauarra>( though other- Wife by difccnt they do confeffe his title to be cleare and euidentjfor that he is of contrary re-* ligion to them. Wherforc feing that the very fame cafe is like or rather ceitayne toenfuc one dayinin* gland,and that ir is moil probable , that each p:jrtie of the realmcwil ftand moflvppon this . poinre , that is to faye vppon the defence and aduapcement of their religion , and of fuch a king, as fhalbe knowne tofauour the fame that themfelues be of, let vs examine a little if you pleafe quothe he, what force andabili- tieeach of thefe three bodies, of religion now mentioned, is like to be of , at that day in In- gland , for ef&ftuating or promoting this pur^ pofeofa newking. And firft to beginn with the proreftant, as ^j^^ "with him that hath the fway of authority and fi^cratioit prefent power of the ftate in his fauour, i^<>pfoteftit doubt bui^hat hi^ force wilbe ^Ifo gccat, at panic. Hh ; that ^4^^ ^ C^ftrmemchmgfucctfiQn that day (faydhej and cfpecially if hecanccn^ ccalc foratyme, thedifccafle of her Maieftie^ vntil he may be able to put his affaires in or- der, but this is holden to be either impoflible or very hard , for the different iudgments and affections which are not thoughte to be wan- ting in the court councel , and Princes cham- ber It felfc^wherof (aw the effe<5l, (as before I tould you ) at the death of king Edward„ which was as much indeuoured to be kept fe- €tct,a$eueranY was ^ and as much it imported the concealers , and yet within not many hou- res after, had the Lady Mary,moft ccrtayne no-. ticeiheraf,by thofe that were oppofiteto heif iarehgion , as I haue f hewed before, fo ardent are mens myndes in fuch occafions,& lo capa*> ble of new impreffios dehgnemets & defires,arc alktndeoffubie<5lsvppon fuch great changes^ *TJic cic- A chiefe member of the protelhnt body (asr ^^^^^ you know) for wealth and force , is the clear- gie of Ingland , cfpecially the bifhops and other men in Ecclefiaftical dignity, which are like to be a great backe to this partie, at that day J though fomc mehihinke that it be not very ccrtayne , which part of the nobilitie and councell will ftick vnto them, for that many in The Cou- hart are prefupppfed to fauour the Puritan, MbuTife. P'^^^y couccll in particuler,ihoug^ duringihePrinces life, their authority be fu- prerae» yet is it not fo afterward, nor haue they any publiqueauthoritie at al , the Prince ha- uing onc€ expired ^ but only as noblemen or gencleraci^ uthicroUffte. Tart i. Cap. X. 141 gentlemen according to each mans ftateand calling in r€ueral,and for ihcn^:xt fuccellbr, feing none is knowne nor fworne in the life of jrhis Prince, ( nor were ir her fafetic that any fhoulJ be ) clecrc it is , that afcer her Maieftics cJifccafe , euery man is free vniil a new be efta* |)lifhcd, by the common wealth , which cfta- blifhmet doth not deped vppon the appoynt- xnenc or wil of any frw.orvppon any tpans proclaymingof himfclfc, (fordiuers arc like CO proclayme themfelues ) but vppon a general * colcnt of the whole body of the rcalme, which Jiow it will be brought to pafle, God only Jcnoweih,& to him we muft coromendc it. 1 do no know , quothc he, of any cenainc jcrfbiir perfon pretendeni, to whom this protcftantt partye^ fhonld be deuidcd , then their forces Wilbe the lefle. The authority of her maieftie.K? that which at this prefcnt ouer beareth al^ wht that fhal fayle , no n>an knoweth what the euent wilbe, for that now meni hartes a^ife hatdly defcerned. There fibiray ne ftcnds andallies^ are of gooi number, J iii A Conference touching fuccefslm number, efpecial^ if the king of France pr(5- the pro. ceedwellinhisafFayres, and do not indecde ^'^^ change his rehgion as he pretendeth that he Wil,but yet if the puritan* do ftande againft them, he is Hke to pull much from them, both, in France and Holland , and as for Scotland, \t muft needes be agaynft them both, and this in refpedl of his owne pretence , except the 'fame bcfauouredby thcm,I meane bythefe twofa-* ^ions in Ingland which is hardly thought that any of them both wil do, for the reafons before allcaged, though (bme more hope may be that way, of the puritan, then of the proteftant, ty reafonofthefaid kings neernes to themia religion. — of Ac xhe puritan is more generally fauourei 1^21 **'through.out the realme with al ihofe vvhicla V ^ \ are not ofthe Roman religion, then is the pro* teftant , vppon a certaync general perfwalion, that his profefsion is the more perfecft, efpe- ciailly in great townes where preachers haue -made more impreflion in the artificers , and burgelles ^ then in the country people. And among the proteftanrs, thcmfelues, al ihofc that are lefle interclled in Ecclefiaftical liuings or other preferments , depending of the ftate, are more afFc(5led commonly to the puritans^ cr eafily are to be induced to pafle that way for the fame reafon. The perfon moft fauoured by the puritans hitherto in totnmon voice and opinion of mcn,hath bin the eaile of Hun ting-* ton 5 forac fpeech of late of fomc diminution therin^ tothetri^'^ine. Tart. i. Cap. X. 145 ®ierin,and that the LordBeacham fincc his^^^^^^^"* marriage , haih entred more in atfedkion wtih by ihc-> them. The king of Scotts ( no doubr ) if hc^""^'*"- Werc not a ftrainger , and had not the difficul- ties before mentioned , were for his religion alfo wcry plaafible.l do not hcare that the carle cf Darby or his mother , is much forward wirh thefe or with the piotellant, though of the later fort , fome are fnppofcd to vvif h them yvclL The frendes & allies of rhe puritan abroade^ Extcm4 are the fame, that are of the Proceftant, iq^^^^ Witjthofe of Holland and Zealand, and fuch towncs of France as follow the new king , and ioyntly hauechainged their religion, which arc nor many , for that his greateft forces arc yet thofeof the Roman Religion , but yet if ^ - thefayd king preuaile and perfeuerin hisreli- > gion (which of late as I haue fayde is called in doubt by his ofcen protcftations to the contra- ry and open going to maffejthen wil he be able to giue good afliftance , thoughe both theic countryes(I mcanc both Holland and France) areliker in fome mens opinions , to afljft the puritan then the proteftant, if the matter come in difference betweene them , for that in truth they are more conforme to the puritan reli- gion. And as for the German citties,that kepe yet and follow rhe particuler forme of Luther LuthciUi in religion, they are like to do little for either partye , both for their difference from both partyes in reh^ion,and for that they arc poorc, foe 144 A CQnfnenci touching fMcefm for the mod parr,and not adliue nor prouMedt to giuefoccur abroad, cxcepc they be drawnci xhervnto by force of money. »in alho" Purican parte at home in Ingland , it qpac. ' ^ thoughc to be moft vigoroulc of any other^ that is to fay,moft ardenr^quick, bold rcfolure^ and tohauc a great part of thebeftCapuines' and (buldiers on their iide^which is a pointe o^ no fmal moment* Greatly wil import among^ other poyntes which waycinclineth the ciifyc ^ of London.with the tovver,wherof the purican (asis fayde) wanteth not his probability 9 as neither doth he of fome good partf if not motc^ of the nauy, to be at his deuotion, which point perhapps at that day , vvilbe of as greate confe* quence as any thing els, & fo much of him. Thofeof Theihird body of religion, which are thofe' thcRotni of the Roman, who cal thcfelucs Catholique^t v^eUgiott. ^h^. leaft in fhcw,at this prefent.by rcafon of the lawes andtydcsof the tyme, that runnc ogaynft them,butyetate they of no fmal con- fideration in this affaire , to him that weighcth thinges indifferently , and this in refpcdtas wcl cftheirpartyeat home, as of their frends broadc,for at home,they being of two fortes at the world knoweth , the one more open that difcoucr thcmfelues , which are the recufants, and the other more clofc and priuy, that ac- commodate themfelucs ro al external procee- dings of the tyme, and ilate , fo as they cannot be knownc^or at leaft wife not much touched: we may imagine ^ that their ndbcr is not fmai,^ ' through tothecroy^ne. Tdrt i. Cap. X. 14 f throughout the rcalme , and this partly for the reafon I mentioned before , in that the rooft part of chc country people, thatliuc outofcit^ ryes, and great townes (in which thegreatcft part of Inglifh forces are wont to confift ) arc much afFe(^ed ordinarily to their religion , by reafon that preachers ofthecontrarie religion are not fo frequent with them, as in townes, The Ra-T^ and partly alfo for that with thefe kinde of [^"-f^a nien , as with them that arc moft afflK^ed and ^ ^h* hM downe , at this ty me , by the prefent ftate^ inany other do ioy ne^'as the manner is )& §mncs iqtd amaro animofunty cum tUis ft conimgunt^ as the fcripturc faydof ihofe , that followed Dauids retinew,purfued by Saul and hi$forces,whicIi as to fay ,that al that be offended greued^or any way difcontented with the prefent tymc, be they of what religion foeuer, do eafdy ioync with thefe men, according to the old faying SoUtium esl miferis foms habere mifcrU , befides that, their is euer lightly a certaine natural co- paflion,chatfuUoweth in men, towards ihofe j thatare thought to fufFcr, or be putfued, and this ofcentymes in the very enimyc himfelfc^ and then of compaflion fpringeth as you know affedion, and of affedion ,defire to helpc , as contrary wife, do rife commonly the contrary tfFeds,to vvitt , emulation, enuy and indigna* tion, againft the profperity of him^tKatpur^ iucth,and is in proipcritie. And for that in fo great and populoas a le^me and large a goucrmeac^as this of her ^ ^ inaieftiD "24^ A Conference toMbiH^ futcefim znaieftie hath byn, there cannot want to he many ofthefckinde ofdifcotentcd roe,asal(b for that naturally many are dcfiroiis of chair* ges,it cannot be fuppoled,but that the number of this forte is great, which maketh thi9 party^ far the bigger. £ffcas of Moreouer it is noted, that the much deahng picfldng^ with thefe men, or rather againft them, & this ^ rcligio. ^(p^^j^jly niatters of their religion , for thefe later yeares part , hath much ftirred them vp^ (zs alfo the Uke is to be noted in the puritan) and made them far more egar in defence of their caufe,according to the frying , mttmttr in vetitum fmper^ and as a litle brook or ryuer though it be but fhaloW and tunneneuerfo cjuiet of it felfe , yet if many barres and ftoppes be made iherin , it fwellcth and nfeth to a greater force > euen fo it fecmeth that it hath happened hecrc , whcr alfo the fight & remem- fcrace of fo many of their Seminary preiftes,put to death for their religion ( as they accompt it) liath wrought great imprcflion in their hartes^ as alio the notice they haue reccaaed , of fa anahy colleges and IngHf h Seminaries remay- ning yet , and fet vp of new , both in Flanders^ Franccjltalieand Spayne, for making of other -preilles in place of the executed , doth greatly animate them 8^ holdeththem in hope of con- tinuing ftill their caufe^and this^t home^ Prends & As for abroade , it is eafie to confider what •lUcft 'their party and confidence is , or may be, not ^' only by the Inglifh that liueia exile, and baac _ ^^^^^ tothecroT^ne. Tdrt. t. Cap. X. 147 their frends and kynrcd at home, but alfb prin* cipallyby theafFeAion of forraynePtinccs Sc ftates , to fauour their religion , whofe porics> townes^and prouinces lye necrc vppon Inglahd rounde about, &forfucha tymeandpurpofc, could not want commoditie to giuc fuccor^ which being weighed together with the knowne inclination^ that way, of Ireland, and the late declaration made by lb many of the Scotif h nobility and gentlemen alfo, to fauour that caufc,all thefe poyntes I fayc put together, muftnccdesperfuadc vs,thatthis body is alfo great, and ftronge, and like to bcarc no fmalc fway in thedecyding of this controuerfic foe the crownc, when ty me fhal offer itfelfe for the fame. And fo much the more, for that it is not yet knowne, that thefe are determined vp- pon any one perfonwhom they will follow^ inthatadlion ,noras it femeth are they much inclined to any one of the pretenders in parti- culer (whcrin it is thought that the other two partyes cither are, or may be deuided among themfclucs, and each parte alfo within it felfe, for that fo different perfbns of thofc religions doftandfor it) butratherit is thought, that thefe other of the Roman religion do remay ne very indifFerent,to follow any one that f halfc|e fetvp for their religion ,and islykeft to reftorc and mayntayne the fame, be he ftrainger or do- mcftical, which determination and vnion in gencralamongthcmfeIucs,if they hold it ftill li and 1 4^ A Conferenu tonchant f uccefs'ton and perfeuer therin , muft necdes be a great ftrengthe vnto their caufe, &giue them great fvvay vvhcrfoeuer they fhal bend at that daye,asby rcafoniseuident, and fo much of this matter. Confide remayneth then that after thefe confide- lationsof^^^^ions of thc three bodyes in general , vvc «ach^pj^e. parte to the veiw of each familic houfe and per- l^riiculcr f<^" ptetendent in particuler,and therin to con- template vvhat may be for him , and what agaynft him, in this pretence and purfuie of the crowne* Jf swt-^ And to begynne firft of al with the king of landc Scodand^as with him, who in vulgar opinion ofmany mentis thought to be firft & formoft in this adtion by waye of fucceffion ("albeit others do denye the fame^and do make it very dowtful as before hathc bin declared ) yet jf we doconfyder nochisc!tle(for of that wehaue fpoken fufficiently before in the y. chapter) but other circumftances only of his perfon, ftate, condition and thc lyke, (of which poyn- tes only we are to treat in this place ) then muft we confefle that as on thc one fide their are diuers poyntes that mayc furder him^nd inuitemcn tofauour his caufe, fo want their not other to hynder the fame. The poyntes that mayeinuite , are his youth, his beinge a kynge , his moderate nature in tha^ he hath fbed little blood heiherto , his afFedion^in re- ligion to fuch as like therof, and the like, but on the tothecYoJ^ne. VdrU i. Cap. IX. 149 on the other fide, the reafons of ftate before laidagainft him, do fecme to be of very great force, and to weigh much with Inghfhmen, cfpecially thofe of his ally ance with the Danc5, and dependance of the Scotcifh nation. And as for his religion , it muft needes dilpleale two parties of the three before mentioned, and his manner of gouerment therin perhapps al three. AsforArbella, in that fhe isayongLady, f he is therby fitfas you knowj to procure good wills & affedions , and in that fhe is vnmar- ried fhe may perhapps by her marriage, ioyne fome other title with her owne, and therby alfofrends.But of her felfe, fhe is nothing at al allyed with the nobility oflngland,and except it be the earle of Shrewf bury , in refpedt of Frendfhip tohis old mother in Law, that is grand mother to the Lady, I fee not what noble man in Ingland hath any barde of kyn- ied,or alliance to follow her. And as for her title, it feemeth as doubtful as the reft, if not more, as by that which hath bin faid before, hath appeared. And for her religion , I know it not, but probably it can be nogrear moriue, either againft her or for her/or that by al likely hoodeit may befuppofed to be as ledergreene and flexible yet,as is her age and fex , and to be wrought heerafter and fettled according to futureeuenrsand rymes. In the houfe of SufFolke,the Lord-Beacham li X and a JO A Conference touching fuccefsion I and a good parre of the North of Wales, (at leaft wife by way of obferuancc and affcdion) as alfo the lie of man , is their ovvne^ and Ireland and Scotland is notfar of, where frendfhip perhapps in fuch a cafe might be of- fred,andfinally m thispoyntc of abiHity great oddes is their feene betweene thefe Lordes. As for their religion , I cannot determyncRcHgloii whatdifFerence their is, or may be betweene ^^^^^ them. The Lord Beacham by education is pre- fumed to be a proteftant, albeit fome hold that his father , and father in lawbe moreincHned towards the Puritans. The earle of Darbyes religion.is held to bemoredoubtful,foasfome do thinke him to be of ah three rehgions , and others of none, and thefe agaync are deuided in judgments, about the eucnt heerof, for that fome do imagin that this opinion of him, may; do him goode, for that al fides heerby niay (perhapps ) conccaue hope of him , but others do perfuade themfelues that it vvil do him hurt, for that no fide in deede will cfteeme or truft him , fo as al thefe matters with their euents , and confequcnces do remay nc vncer- laine. But now will I pafle to fpeake of the houfe The carte of clarence, the cheefe perfons , wherof , and ^f^^^- moftemynenr at this daycare theearle of Hun- tington, and his bretherenthe Haftings, for that the Pooles and Barringtons are of far meaner condition and auihoritie, albeit the li 4 other XJ4 ^ Conference touching fuecepon other alfojl meanc the houle of Haftings , doth not ferae to be of any great ally ancc , for that albeit the old earle of Huntington , this caries father, had two brethren , the one S. Thomas Haftings, that married one of the Lord Henry Pooles daughters named Lord montague , that was put to death , which daughter was fifter to this carles mother, and the other named S. Edward Haftings was made LordofLowgh- borow, by Queenc Mary, to whom he was hrft mafter of the horfe,and afterward Lord Cham- berland,neither of themhauingleft^iflue: and this is al I remember by his fathers fide, except it be his owne brethren as hath bin faid of which S^Gcorge Haftings is the cheefcft. AUilceof By his mothers fide, he hath only the Ppo- tHcwric les , whofe power as it is not great, fo what it fln^^nf rather lyke to beagaynfthim then with hrm,partly for their difference from him in rc- ligion,and partly for preferment of their ownc title,vppon the reafons before allcaged. By his owne marriage with the daughter of the late dukeof Northumberland , and fifter to the late carles of Lecefter andWarwickc, he Was lyke to hauedrawnea very great & ftrong alliance if the faid two carles had lined, and ef- pecially, S. Phillip Sidney, who was borne of the other fifter of the prefent Countefle of Huntington, and his owne fifter was married to the earle of Penbroke that [now is,(!^him- ftrlfe to the daughter of S. Francis Walfingham chcefc tothtcro^ne. Tart 1. Cap.' X. x$$ cheefc fecrerary of the ftatc , by al which mca- nesandby al the affection and power of the party puritan, and much of theproceftanr , this carle was thought to be in very great forward- nes. But now thefc great pillers being fayled, andnoifTuc yet remayningby thcfaidCoun- icfle,his wife^ no man can allure himfelfe what the fucccfle wil be, efpecially feing that of the three bodycs of difFcient rehgions , before de- (cnbedjit is thought that this earlehath incur- red deeply the haired of the one , and perhapps fome ieloufy and fufpition of the other,but ycc others do fay (and no doubt but that it is a matter offingular importance ifitbefo) ^batJ^^«P^** he is lyke to haue the whole power of London Londoai for him , which citty did preuaile fo much in aduancing the title ofYorke, in king Edward the fourth his ty nie, as it made him king twife, to wit once at the beginning, when he firft ap- prehended and put downc king Henry the fixt , and the fecond ly me, when he being driuen out of thekingdome by his brother thez4.H5i" duke of Clarence, and Richard eatle of \Var-!||*6^hc4 wicke , he returned from Flanders vppon hope Hcmkiw of the fauour of the Londoners, and was in^- deede rcceaued , fauoured and fet vp agay nc by them efpecially, and by the helps of Kent and other places adioyning and depending of Lon- don,and fo it may be that the fauourers of this carle do hope the hke fucccfle to him intyrac by this potent cittie. li J For 1S6 A Conference touching fuccefwn ol^BrT- honks of Bricanny and Portugal y I tainc and fhal ioynethcm both together, for that they Poitugai. ^j.^ ftraingers , and the perfons therof fo nigh linked in k) nred affinitie & frendf hip , as both iheir tittles forces and fauours, may eafely be ioyned together, and imparted the one with the other, as lothemfelues fhal beft appears conuenient. Infanta The lady Infanta of Spaync pretendcnt of •ispayne houfe of Britanie,is eldeft daughter of king Phillip as al the world knoweth,and dearly be- . leued of him , and that worthely as al men re- port, thatcome from thence, for that The is a princefleof rare partes both for bewty , wif- Bukeof dome andpietie. The two vong Princes of Farma. p^^j^^ j mcane both the duke and his brother theCardinal,are ympes in like manner of great cxpeftation , and diners w^yes neere of kyna to the faid king , for that by their fathers lide they are his nephewes that is the childeren of his fjftcr, and by their mothers (idcalmooft as neere , for that they are the nephewes of his ^j^^^^j^^vncle Prince Edward Infant of Portugal, of Bra- In lyke neernes of blood are the DuchefTe ganla. of Braganfa and her children ,vnto the faid king, which children are many as hath bin f hewed,and al of that rare vertue and valor and of that finguler affection vnto the Englii h na- ti6,as it is wonderful to heare what men write from thofe partes , and what others do repoi te thathauetrauaylcd Portugal and feene thofe Princes tothecrd^ne. Tart 2. Cap. X. 257 Princes and rafted of their magnificence libe- rality , fo as I haue hard diucrs reioy fe that are afFedbcd tharvvay , tovnderftand that their do remayne fuch noble oflping yet in forrayne countryes of the true and ancient blood royal offngland. What the powers and pofllbilitiesofal thefe ^owcrol Princes of the houfe of Poitagal be, or may be pm^Sts, heerafter for purfuyng their right, Thai not neede to be declared in this place, for that al the world doth know and fee the fame, yet al fcemeth to depend of the heade & roote yvhich is thekingof Spay nehimfeife, and theyonge Prince his fonne , whofe ftates and forces how ad where they lye, what allyance, fiendes, fubie(5ls or followers they haue or may haue, it is eafy to confider , but what patt or atfedioti of men they haue or may haue heerafter in Ingland it felfe,whentyme fhalcomc,for the determyning of this matter, no man can tell at this prefent,and what plotts agreements,com- partitions ^ or other conclufion^ may be made at thatday^ tyme only muft teach vs, fo as now I knownot well what to fay further in this af-» fatre, but only commend it to Gods highe prouidence, and therefore I pray you (quoth the La wyerjlet me endc with this only that al- rcdy I haue faide,and pardon me of my former promiire to put my opinion otgheiTe , about future matters, and what may be the fuccede of thefe affaires, for bcfidcs that I am, no prophet or fonnc ijS A Conference touching fuccefion or (bnnc of prophet, to know things to come, I do fee that the very circumftances of conie- ^ture ( which are the only foundation of al prophefic which in this cafe can be made ) arc fo many and variablcias it is hard to take hold cfanyofchem. Thus he faid , and fay nc would haue left of heere , but that the whole company oppofed th^mfelucSjWith great vehemcncie , againft it, and (ayde, that he muft ncedesperforme his promifIe,madcat the beginning of this fpcech, to giuc his cenfurc & verdite in the end, what he thought would be the fuccelFe of al thcfe matters, wherunto he anfwered , that fein^ no nay would ferue, he would breifly quit him- fclfe by thefe few woordes following. C6icaurc ^^^^ al('faid he) my opinion is , that that their ^^iis affiyte cannot poffibly be ended by any «vitbc poflfibility moral » without fome w^arr , at ic vvhyc. Ic^ft wife , for fbmc tymeat the beginning, whcrof my reafons be thefe that do enfew. This matter cannot be difputed and deter- I. myned duringe the life of the Qucene,thac now is , without euident danger of herperfon, for the reafons that al me do know importingc fuchc perils as are wont to follow like cafes, of declaring heyres apparent , efpccially her maieftie the prefcnt polFclTbr growing now to be old & without hope of ilfue. This declaration and determination of the ^* heyrc apparent to the crownc if it fhould be made tcthecrgT^ne. V^t. 2. Cap. X 1/9 trade now, would mouc infinit humors, and afFedions within the rcalmc, and it were to fturr coles andtocaft fyerbrands oucr all the kingdome , and further perhapps alfo , which now lye raked vp and hidden in the embers. This determination thoughe it fhould be 5 made now by pailament , or authority of the prelent Prince , would notende or takeaway the rooteofthccontrouerfic , for albeit fomc that fhould be palled ouer or put backe in their pretences, would hold their peace per* happs for the tyme prefcnt , yet afterward would they borhefpeake andfpurne whcnoc- cafionisoffied. This declaration now if it were made, would 4 be hurtful and dangerous for him that fhould be declared , for on the one fide , it would put the Prince regnant in great ieloufic and fulpi- cion of him,and on the other fide, would ioy ric and armeal the other pretenders and their fa- uourers agaynft him,andfowcrcadc,tfaatof two or three only , that in al ourhiftories arc recounted to haue by n declared hey rs apparent to the crowne ( they being no kinges children) none of them , euer came to reigne : as namely duke Arthur of Britany , Roger Mortimer carle of March , and lohn de la Poole carle of Lincolne,and Henry marques of Exeter as be- fore hath bin declared. Agayne the multitude of pretenders being J fuch as it is,& their pretentions fo ambiguous^ as hath x6o A Conference touching fuccepon as hath bin declared , it is to be prcfuppofed, that none or few of themwil prefently at the beginning caft away their hope & forgoe their tittles , but wil prooue at leaft wife what fi ends Will ftand vnto them, and how matters are like Cogo fototagaynft them,tfpecially feing they may do it without danger , no law being agairift thcm,and their nghtes and pretenfes fo manifeft, that no man can fay they do it of ambitiqn only, or malice, treafon, or confpira- cy againft others , and for this allaye or fitft at- tempt,armes are neceffary. More-ouer if any man in procelTe of tyme, Aconfi- would forgoeorgiueouer his title (as it is to w"c°" be imagined that diuers wil at length, and Buttkcd. many muft,for that one only can fpeedjyetto theendehebenotfuddenly opprcded , or laid bandeson at the beginning by his aduerfary perte, or made away as in fuch cafes is wont to fucccede, it is very likely that each pretender I for His ownc fafety and defence,Wil arme him- felfe and his frendes at the beginning ^ for that better conditions wilbe made with armor in handes , then when a man is naked or in rhe powerof his aduerfary, and nodoubt, bntthc more pretenders fhal ftand together armed, at the beginning the eafyer and ihe furf r peace wilbe made with him that fhall preuaile,for thar they being many with whom he hath to compounde,he will refpe<5l: them the more, & ycald to more rcafonable and honorable con- ditions. tothemTi^ne. Tart z. Cap. X. 16 1 ditionSjthcn if their were but one, & he weake thatfhould rcfift, forthatafaultordifpleafurc is more eafily pardoned to a multitude, & to a potent aduerfarvj then to one or two alone that are of Icfle accompt. And on the other (ide, theperill ofthefe other- pretenders , that fhould not preuaile , being common to them al , would knyt them better together for their owne defence, in liuing vnder the perfoii thatfhould preuaile and reigne, and he would beare more regard vnto them as hath bin faid: and this both for that they fhould be ftrongec by this vnion to defend themfelues,and he that reigneth fhould haue Icllecaufe to fufpe6l& feare them, to worke treafon agaynft him, for that they are many , and confequently not Co cafy to agree betweene ihefelues, who fhould be preferred, ifche other were pulled downe, which to the perfon regnant, would be alfo a ground of much fecuritye. Thefe are my reafons and conieftures why it islikethatarmes wilbe taken at the begin- ning in Ingland, before this controueifie can be decided. * Tliercc"'d My fecond propofition^and coniedlure is, coieauw that this matter is iiot like to come eafely to no?naya any great or may ne battel, but rather to be en- p^obaWc* ded at length , by fome compofition, and gene- ral agreement, & my reafons for this be thefe. Fiift, for that the pretenders be many, and their powers and ftends lying in diuers and different x6i A Confemee tmhing fmefsion different partes of rhe realmc^ and if their were but two jthcn were it more probable, rhat they would foonc come to a battel, but being many each one vvil feare the other , and fcke to fortific himfelfe u heic his owne ftrength lyeth andefpecially towardcs theportes and fea fide^ for rcceauing of fuccours, as eafely may be done^byreafonof the multitude of competi. tors as hath bin faid, which vvil caufe that at home the one will not much vrge or prefle the other,atthe beginning, but euery parr attend rather to ftrenghchen it felfefor the tyme. A fecond reafon oiihxs is , for that the for- rayne Princes and ihtes rounde about vs, arc liketobemuchdeuidcd in this matter, fomc asprctendentsforthemfelues or their kynred &frends,and others as fauourers of this or that party, for religion 5 (b as their will not want prefently offers of helpes and fuccours from abroade, which fuccours albeit they f hould be but meant or fmalle at the beginning, yetvvill they be of much importance, when the forces at home bedcuided , and when their fhalbe different portes harbors, and holdcs, ready within the landc^ro receaue and harbour them, fb as I take it to be moft likely, that this afFayre vvil grow fbme what longe and fo be ended at lenght by fomecompofition only , and that either by parlament and general conlent of al partes prctendcntes, and ofal three bodyes of rchgion meeting together by their deputes SotbemT^ne. V4rt. 2. Cap.. X. iJj andtrcacand conclude (bm^ forme of agree- ment as we fee it prailifed now in France , oc els by fome other meanes of commitiaries^ conimi(Iioners,lt^garcs^ depucies,or thehke^to to make the conclufion with eueyy paitye si funder. My third&Iartcome^tureisCSs: fora mcereThethird coniedlureonly , I would haue you tohold iC;)^°"J.^*^^g that feeing there be two fortes of pretenders, lykeft to which ftande for this prtfercnenr,the one ftran-^"***^^' gers, the othei Inghfh^my opinion is ^ that of any one fori ay nc Prince fhat pretendeth,ihc Infanta of Spayne is likeft to beare it away , or fomeother by her title, layed vppon hym by her father the kinges good will, and on the or of the houfe of Auftria , feing theit wanreth not many able & worthy Princes of that houfe^for whom there would be the fame reafons and confiderations, to perfuade their admiflion by the Inglif h,that hauc bin alleaged before for the Infanta, & the tothecY&^^ne, Vm. 2. Cap. X. 2(?j fame vtilities to the realoie, and motiues to In- gUrhmen , if fach a matter fhouldcome in coufultacion , and the fame frends and forces would not want abroad ro aflift them. For the fecond parte of my conie(5ture,tou- ^or thc^ ching the earle of Hai rfords fecond fonne , or n^rtfor^ one of the counteffeof Daibycs children, my fccondc reafons be,firfl:for that this fecod foiie^^feemeth ^^'^jf' to be cleercd in our foimer difcQurf^ of thatsup.c.^* baftardy that moft importeih , and neereft of ai other lyeth vppon thofe children, which is for lack of due proofe of their parets marriage, for which defeat ihey do ftand declared for illegi- timate by publique fentence of the archbifhop . of Canterbury, as before hath bin declared, from which fentece this fecond fonne is made free, by the argumerits before alleaged, and therin preferred before his elder brother. And fecondly foe that this yongcr fonne %^ is vnmarried, for any thing that I do know to the contrary, which may beapointe of no fmalle moment in fuch an occafion>as hath bin noted diners tymesbefore,forioyning or for- tefying of tittles by marriage , and for making of compofitions of peace andvnion with the oppofire parties. And finally for that this fc- ^ cond fonne,being yonge, his religion is not yet much talked of^and confequently euery parrie may haue hope to draw him to their fide, ef- pecially he being alfo free as I haue faid to fol- low what he f hal thinke beft,or moft expediet forhisowneaduancemenc, without knott oc K k 2 obliga^ 1&6 A Conference touching fuccefwn obligation to follow other mens afFccflions iudgmets in that pointc , "as he would be prefu- med to be if he were married, or much obliged to any other famili'e. jTo? iht^ rdon'ariiealfo m this fecond pointe^the chil- t?th^ dren of the countefTeof Darby firft/or that in CoutefTe truth the "probabilities of this houfc be very ^^^"^^^ great, bothin rcfpeft of their difcent,which in cfFedlisholden asit vvere cleearcfrom baftardy as before hath bin f hewed,and then againe foic their neeriVes in degree^Vv^hich by the counted^ ' " yetliuiiig isiieerer to king Henry the (euenth by bnedegree, then any other copetitor what- tbeuer. Secondly I do name this countcffe chil- dren & not her felfe,for thati fee mod me ihatf faubur this hctife> very willing & dcfirous that Torhe ofthe faid counteflfe children fkould ra- ther be preferred then f he herfelfe, and this for that fheiis a vvoman,&it feemeth to the much to haue tlirec vvome reigne one after the other, as b'cfoi'e hath bin noted,fo as they would haue her litfc t6 be ca'ft rather vppon one of her children, euen as vppon like occahon it hath bin f hewed before , that the Spaniards caufed Garibay the Lad)' Bcrengucla neece to king Henry the tAsx.i6. j-^/^Qj^j^^Q tefigne her title to her fonne , when f he f hould haue fu'cceeded by ncernes of inhe- Polydor ^^^"c^^^" as a litle before that , the ftate ofln- in tit gland did after king Stephen,vnto king Henry the firfl: his daughter Maude'ihe Erapre(re,wh6 ihey cad fed to pafTe ouer her title to her fonne Hcry the fecSd, though her o(^ne right f hould haue tothecTolfyfte. fart Cap. X. 167 Jiaue gone before him by neernesoffuccefljonj as alio f hould hauc done by orderly courfc of fucceffion, the right of Margc-^ret , counre(Ic of Richmond, before her foijne king Henry the feuenthjas before hath bin proued, bur vet we fee that her fbnnewas prtfcTred,& the 'ike would rhefe men haue to be obltrued in ihc tounteffe of Darby. LaiUy I do name^rhe children of thiscoiin- teffe in genera'^and not the earle cf D^^rby par- ticulcrly aboue the other, though he be the i U deft^ fortworefpedSjfirft, for rhathisyonger brother is vnmarried,whichis acircumftancc wherofdiuers tvities occafion hath bin ofFred iorpeakebefore,andtherforelneedero ad no further thcrin, ^fecondly forthatdiuers men remaine not fo fully fatisficd & contented with ;he courfecf that Lord hithcrto,and do thinkc that they f hould do much better with his bro. theriffobehef hal bethought morefirt^yec arc theafc things vnccrtaine,as we fee, but not withftanding (uch is the narure and faf hon of man,to hope euer great matters ofyouthes, cfpccially Princes , God fend al iuft defires to take place, and with this I wil endc, and pafic, nofuriher,hopingthatI hauc performed the effcd of my promifle made vnto you at the be- ginninge. f I N I S.