Aristotle himselfe is of opinion▪ That Monarchs
should be created by election, calling the people barbarous, which have their
kings by right of succession. And for which cause he deemed the
Carthaginensians more happy than the Lacedemonians, for that these had their
kings by succession Hercules, whereas the
othersAristotle himselfe) that the Athenians, the
Lacedemonians, Sicyonians, the Corinthians, the Thebans, the Epirots, the
Macedonians, had more than by the space of six hundred yeares, had their kings
by right of lawfull succession, before that Cicero
saith, humanitie and courtesie to have taken beginning in the lesser Asia, and
from thence to Timondas, who was
chosen king of Corinth, and Pittacus of Nigropont. And
at such time as the royall name and line sailed, oftentimes the strongest or
the mightiest carried it away▪ as it chaunced after the death of Alexander the Great, who was in right line descended from
Hercules, and the kings of Macedon, who had continued
aboue five hundred yeares: whose lieutenants afterwards made themselves kings,
Antipater of Macedon, Antigonus of Asia the lesse, Nicanor of the
upper Asia, Lysimachus of Thracia: so that there is not
one to be found among them, which was made king by election. So that euen
Greece itself (the nurse of learning & knowledge) shuld by this reason, in
the iudgement Aristoile, be deemed barbarous. Howbeit that the word Barbarous, was in auntient time no word of disgrace, but
attributed unto them which spake a strange language and not the naturall
language of the countrey. For so the Hebrewes called also the auntient
Aegyptians, then of all nations the most courteous and learned, Barbarous, that is to say, Psal. 113.
But in all Monarchies which go by election, there is one daunger thereunto
alwaiesPater noster, and the other Aue Maria, who at diuers times had stabbed and murdered
an hundred and sixteene men, as was then proued.Clement the 5: yea & sometime 10 yeres, as after the
election of the duke of Sauoy surnamed Foelix. We read
also oftentimes two or three popes, and as many emperors, to have bene chosen
at once; and the empire to have stood vacant a yeare or two together, yea whole
eighteene yeares, after that William countie of Holland
the emperour, was slaine. And albeit that the princes electors made offer
Alphonsus the tenth, yet so it was that he would not
accept thereof, for the manifest daunger that he was to put himselfe into by
taking upon him sueh an estate, exposed unto the will and pleasure of the
subiects, unto the enuie of princes, and the violence of murtherers: all which
time of vacancie the wicked neuerthelesse are out of frame in all kind of loose
libertie. Which in some sort to remedie, the Polonians (who have their kings by
election) double the penalties for the offences committed during the choyce of
the king, as I have learned of Zamoschy now Chauncellour
of Polonia, but as then ambassadour in Fraunce. So wee read also that during
the elections of the Sultans of Aegypt (before it was by the Turkes subdued,
and
Now if some (to remedie the matter) shall say, That in the meane time there
mightGostauus father of Iohn king of Sweden behaued himselfe, who of a gouernour made himselfe
a king, without expecting Pompey
Columna, and Anthonie Sauelle, who ceized uppon
the Capitoll at Rome, proclaiming unto the people libertie. And in the time of
such vacancie civill warres and dissentions are impossible to be auoided, not
only amongst the most warlike nations, but euen amongst the church men also: so
that it was neuerviz. in the yeare of our Lord 356, there were six
hundred persons slaine in the verie citie of Rome, about the election of Damasus and Vrsicinus, whether of
them should bee pope. Neither was that onely done at Rome, but almost in euerie
towne and citie,Athanasius, and Augustine, both bishops,
appointed whome they would have to succeed them in their bishoprikes, the one
at Alexandria, and the other at Hippona.
And yet there is another inconuenience also, not to be omitted, which is, That
kingdomesPeter at
Rome, as also in the demaine of the German empire. For the princes elect
knowing wel that they cannot long raigne, nor that they cannot leaue unto their
children any thing of the estate, more than what they thinke they can by deceit
and fraud purloine and hold, care not to giue any thing unto the magistrats
their friends: or by open sales and donations, to make their owne profit of the
publike reuenues and possessions. So Rodolph the
emperour for money exempted all the towns and cities of Tuscanie from the
fealtie and obedience which they ought unto the German empire: Robert also the emperour, gaue three of the imperiall
townes unto his Henry
the first ceased upon Saxonie: Fredericke the second
enfranchised Nuremberg:Otho the third enfranchised Isne: Lewes of Bauiere did the like for the towne of Egre: Henry the fist sold all he could: and Charles
the fourth being not able to pay the hundred thousand crownes which he had
promised to every one of the princes electors, sold unto them all the tributes
of the empire, to have them to chuse his sonne Charles
emperour, as he indeed was: but afterwards againe thrust out euen by the same
princes who had before made choice of him. So that the principall and strongest
sinewes of that Commonweale being cut in sunder, the whole body of the empire
became so weake and feeble, that Charles duke of
Burgundie doubted not to wake warre upon the Germaine princes.
Another point there is also well worth the consideration, which is, That a man
of
But let vs yet go further, for why these are not the greatest inconueniences.
ForTacitus reporteth) where the nobilitie could endure none
to bee their king but a meere stranger. And of late in Polonia Sigismundus Augustus the king beeing dead, and a
controuersie arising amongst the nobilitie, every one of them longing after the
kingdome; Henry the king.
And in the remēbrance of our fathers when as the Aegyptian Sultans were chosen
by the voyces of the pretorian souldiers or Mammalukes, & they not able to
endure one of them to be greater than another, had slaine diuerse of their
Sultans: they at last to stint the strife, by their common consent sent their
embassadors unto Campson king of Caramania to become
their Sultan, and to take upon him the kingdome of Aegypt being by them offred
him. With the same calamities the Germaine princes also troubled,William earle of Holland, and of Henrie earle of Lutzembourg, one while also making choice
of the king of England, and another while of the king of Spaine: yea, sometime
such forraine princes refusing that same empire so offered them: For so Alphonsus the tenth king of Spaine refused the imperiall
crowne by the princes electors offered him, which afterwards stood emptie aboue
eighteene yeares, as we have before sayd. Sigismund
alsoLewes the twelfth refused the Appian) refused diuerse people Lewes king of Hungarie at the request of his wife
daughter to Casimire king of Polonia, tooke upon him the
kingdome of Polonia conferted unto him by the voyces of the people: into which
kingdome he was inuested, and receiued Casimire her
father, for a space endured the womans soueraigntie, but could in no wise
endure her traine of Hungarians. And so also not long ago Henry, Charles the French kings brother called unto the kingdome of
Polonia, his brother being dead, withall speed returned unto his owne naturall
kingdome: howbeit the Polonians would by Henry, unto whom they had
giuen all the soueraigne rights, whereunto they had not annexed any clause or
condition (when as question was of the kingdome of France to fall unto him)
that hee should not in his absence by his deputies or lieutenants gouerne that
kingdome bestowed upon him: as hath bene alwayes lawfull for all princes to do.
For it is an old axiome, a donation once consummate and perfected not to admit
any moe conditions. But admit both the kingdomes confine together, as doth
Polonia and Hungarie; what doubt is there but that he will, if he can, make one
kingdome of two? or change an Aristocratique estate into a right
Monarchie:Charles the fifth, who after the ouerthrow
of the Germaine princes had changed the Aristocracie of the Germaines into a
kingdome, and had caused his sonne Philip to be sent for
out of Spaine into Germanie, to have made him king of the Germaines, had not
Henry the second the FrenchIulius Pflugius the Bishop is yet extant wherein hee
laboureth to persuade that one thing especially, viz. that the most sure
foundations of the Germaine empire might be layd. And in case that the prince
cannot ioyne the kingdome which he hath got by election confining upon him,
unto his owne naturall kingdome: yet will he so much as in him Ladislaus king of Bohemia, the sonne of Albertus, and the emperour Fredericke the third
his nephew,Matthias
Coruinus the sonne of the noble Huniades (Ladislaus being dead without issue) by the voyces of the
people obtained that kingdome (they alwaies pretending that the right of the
choice of the king belonged to them; and that the succession of the next of
kinne was not to take place) yet for all that Fredericke
his nearest kinsman was about both with his owne power, and the strength of the
whole empire to have inuaded that kingdome, and had vndoubtedly so done, had
not Matthias by his promise put him in hope of the
kingdome for himselfe and his posteritie: if he should himselfe die without
issue, as by chance he did. Howbeit, yet neuerthelesse that Matthias being dead, the Hungarians made choice of another Ladislaus king of Bohemia and Polonia also: without
regard of the conuention and agreement before made with Fredericke, which was Dadislaus Maximilian the sonne of Fredericke should succeed in that kingdome, as indeed he
did: But his nephew being left under age, and the estates of the kingdome
pretending them to have the right to make their choice of his gouernours;
against Fredericke who sought to step into the
gouernement of Hungarie, and to take upon him the guard and protection of the
yong king his nephew: the people of Hungarie, yea, and the sister of Ferdinand (the yong kings mother) chose rather to cast
themselves into Solyman the great Turkes lappe, and so
to betray both king and kingdome, rather Ferdinand in such sort, that they for
the maintenance of the right of their election, are now fallen into the
perpetuall seruitude of the Turke: hauing not onely lost the right of their
election, which they so striue for; but in hazard also to loose their lawes,
libertie, and religion: as the common custome of all strange princes is (as
much as in them lieth) to change the lawes, customes, and religion of the
people by them subdued, or oppressed, and to enure them, or otherwise to
enforce them to embrace and follow their fashions, manners, and religions: and
was as should seeme the principal cause why God forbid his people to make
choice of a strange prince to raigne over them.
And yet in matter of election the way being open to manie competitours, if the
William of Holland, Rodolph, Albert, Henry the seuenth, Fredericke
the second, Lewis of Bauaria, Charles the nephew of Henry, and Gunther: besides all them who were most shamefully thrust
out of the imperiall seate. And of 15 Sultans which were chosen kings of
Aegypt, there were seuen of them slaine: namely, Turqueman,
Melaschall, Cothus, Bandocader, Mehemet, Cercasse, and Geapalt. And of the Augustus, there were
seuen one after another massacred, poysoned, or strangled: and that three of
them in one yeare, oppressed only by the conspiracie of citisens. Yea, the
pretorian souldiers sometimes slew the emperours to have a new, onely upon hope
of gifts and largesses. But still hee of whom the Senators made choice,
displeased the legions and men of warre: yea oftentimes every armie created an
emperour, in such sort as that at one time there were thirtie Romane emperours
chosen in diuerse places, and among them one woman, viz. Zenobia: all the empire being in civill warres and combustion who
should carry away the state, Tiberius, Titus, Traian,
Adrian, Antoninus Pius, Marcus Aurelius, and Commodus. But if any of the emperours gaue not order for
the adopting of his successour, in case hee had himselfe no children, the
commonweale alwayes fell againe into civill wars. And for this cause theAdrian fearing lest the estate should fall into
election, he himselfe hauing no children, thought it not enough to adopt Antoninus Pius, but also caused him to adopt Marcus Aurelius, and Aelius Vetus:
following therein the wisedome of Augustus, who to
preuent the warres oftentimes arising about election, adopted his two little
nephews Caius and Lucius: who
both dying without issue, hee adopted also his third Agrippa, and with him Tiberius his sonne in law: yet with condition that hee
should first adopt Germanicus. And they which were so
adopted and appointed heires of the empire, were called principes iuuentutis, or princes of the youth: and afterward of the
Germaines; reges Romanorum, or kings of the Romans: to
the end that euen in estates and Monarchies going by election, there might yet
be some certaine successor. For so Henry the third the
emperour whilest he yet lived caused his sonne to be chosen king of the Romans,
and his grand child to be also by him adopted. And Charles the fourth after that caused his sonne Wenceslaus by the electors to bee designed to the empire, but not
without a great summe of money: unto whome succeeded his brother Sigismund, who afterward adopted his sonne in law Fredericke the third; who againe Maximilian his sonne to be
adopted emperour. Neither was it to be doubted but that Philip, Maximilian his sonne, should have raigned over the Germaines,
had not his vntimely death preuented his fathers hope. And all bee it that the
estates and princes of the empire, the imperiall seaMaximilian
(Charles, then a very yong man, and neerest unto Maximilian in bloud) by a certaine successiue right worthie to be
preferred before the rest of the princes. And allbeit thatSigismundus Augustus king of Polonia and
last of the house of Iagellon, hauing but two sisters, assembled the estates of
the kingdome to consult concerning his successor; hauing before vnited the
dukedome of Lituania unto the kingdome of Polonia: whereunto for all that the
estates would not consent, fearing to loose their right of election; or that he
should have giuen them a king contrarie to their good liking. And at the same
time as it were, the parliament of England was holden at London in October
1566, where the estates preferred a request unto the Queene for the prouiding
of a successor unto the crowne, to auoid (as they sayd) the euident dangers
whereinto the kingdome was like to fall, if it were not foreseene and prouided
for; and that they were resolued not to speake of any subsidie, or other thing
whatsoeuer,Philip Maria the last of the Charles
Gonzaga for their generall, most cruelly butchered all them which tooke
part with Frances Sforce, who being a man but basely
borne aspired to the soueraigntie, as hauing maried the base daughter of Philip the last duke, as also by the adoption which the
duke had made of him. At which selfe same time the emperour Fredericke the third claimed that dutchie, as a fee deuolued to the
empire for default of heires males. And Charles of
Orleans on the other side claimed it as belonging unto him in Valentine,
both the naturall and lawfull sister of the last duke. During which quarrels
the Venetians (as their vsuall manner is) to fish in troubled water, without
any right at all, possessed themselves of Cremona, Laude, & Placence, all
members of the dutchie of Milan. The duke of Sauoye tooke also Nouarre and
Versel: Sforce, Pauie, and Derthone: and the people of Milan vnable now to mannage their estate
at home, or to defend their territorie abroad; and yet abhorring the
gouernement of one, and not well knowing unto what Saint to commend themselves,
voluntarily submitted themselves with their citie unto the Venetians, by whom
for all that they were reiected. So that in fine all the Christian princes and
states their neighbours, were up in armes and together by the eares for the
estate; and for all that the last Lewes duke of Orleans and Valentine his sister: neither in taking unto him Charles of Orleans his nephew, and right heire of his dukedome so to
have adopted him, and brought him up neere unto his person, but adopted Sforce who had maried his base daughter, being but the
first gentleman of his house.
But the royall stocke being extinct, the last thereof may by right adopt vnto
himselfeCharles the great beeing
vtterly extinct, when as the last king of the Germaines had adopted none to
succeed him, Henry the Faulconer duke of Saxonie was by
generall consent of all men created emperour: wherein for all that the Germaine
writers are at varience among themselves: one of them thinking Arnulphus; and another Charles the
sonne of Lewes king
Now concerning the first line which is of the Merouignes; Agathius a Greeke
author of great authoritie and antiquitie (for he flourished about the yeare
500) writeth the French nation hauing chosen the best forme of a Commonweale
that was possible (that is to say the royall Monarchie) to have therein
surpassed all their neighbours: Theodebert the sonne of Theodoric and nephew
Clodoueus, being yet
under age and the gouernement of his tutor, to have beene called unto the crown
according unto the maner and fashion of their ancestors. Cedrinus also another Greek author, and he also very antient (who writ
in the yeare 1058 in the time of Philip the first the
king of France) reporteth the French men to have had no other kings, but by a
successiue right, after the antient manner of their ancestors. Wherein he
sheweth the aforesayd three lines of the kings of France to have used the right
of succession. And if so bee that first Charles, and
after him Carlomaine the children of Pipin caused themselves to be both chosen by the nobilitie (as indeed
they were) yet was not that done but onely so by the power and favour of the
nobilitie to assure their Merouignes, as in like case some of them did also of the house of Capet, who had thrust out them of the house of Charlemaigne. As for that which is reported of Otho, him by the consent and voyces of the nobilitie to
have bene created king: he at the time of his death hauing called together the
princes of the kingdome, protested him to have so done, not so much that he
himselfe might reigne, as to keepe the kingdome and the Commonweale wherewith
he was put in trust, in safetie unto Lewes the Stammerer
to whom he was appointed tutor. Robert Otho his brother
in chalenging the kingdome as it were in the right of succession after him, was
slaine in the battell of Soissons. Rodolph also sonne
unto the duke of Bourgundie caused himselfe also to be chosen, to exclude Charles the Harbert countie of Vermandois had in favour of this Rodolpe extorted his resignation of the crowne. And after
that Hugh Capet had wrested the scepter out of the hands
of Charles of Loraine, he caused his sonne Robert whilest hee himselfe yet lived, to bee crowned;
and he likewise his sonne also, Henry the first; and Henry, his sonne also: and so vntill that one of the
daughters of Baldwin earle of Holland and regent of
France, descended from the eldest daughter of the aforesaid Charles of Loraine, and so lineally from Charlemaigne, was maried unto Philip the first,
and was mother unto Lewes the Grosse: wherby the secret
grudgings & hatred of the people against the Capets
were appeased, & the fire of ioy and blisse kindled, to see one of the race
of Charlemaigne, and so of the Arnulph, ioyned with
the stocke of Capets. And if any coniecture there be,
wherfore any man should thinke the kings of France to have bene by election
created; it may best seeme to be drawne from the manner of the coronation of
the kings: For before the king that is to crowned take his oath, the two
Bishops of Laon and
The title of the antient written booke of Rheimes is this, LIBER IVLIANI AD
ERRIGIVM REGEM: The booke of Iulian unto king Errigius:
(meaning Errichius the father of Philip the first) The words of the booke are these, Anno 1058 indictione xij Henrico regnante xxxij,
& iiij Cal. Iunij, in die Pentecostes Philippus
rex hoc ordine in maiore ecclesia ante altare sanctae Mariae
à venerabili Archiepiscopr
consecratus est incoata Missa antequam epistola legeretur,
Dominus Archiepiscopus ver ad eum, & exposuit
ei fidem catholicam, sciscitans ab eo vtrum hanc crederet, & defendere
vellet: quo annuente delata est eius professio; quam accipiens ipse legit,
dum ad huc septennis esset, eique subscripsit: erat autem prosessio eius
haec: EGO Philippus, Deo propitiante mox futurus rex Francorum, in die
ordinationis meae promitto coram Deo, & sanctis eius, quòd vnicuique de
vobis commissis canonicum priuilegium, & debitam legem, atque iustitiam
conseruabo, & defensionem adiuuante Domino, quantum potero, exhibebo,
sicut rex insuo regno vnicuique Episcopo & ecclesi sibi commissae per rectum exhibere debet: populo
quoque nobis credito me dispensationem legum in suo iure consistentem,
nostra auctoritate concessurum. Qua perlecta posuit eum in manus
Archiepiscopi, ante stante Archiepiscopo
Suessionensi, &c. Accipiens Archiepiscopus baculum S.
Rhemigij, disseruit quietè & pacifice, quomodo ad eum maximè pertineret
electio regis & consecratio, ex quo sanctus Rhemigius Ludouicum
baptizauit & consecrauit. disseruit etiam quomodo per ìllum baculum hanc
consecrandi potestatem & totum Galliae principatum Ormisdas papa sancto
dederit Rhemigio: & quomodo victor Papa sibi & ecclesiae suae
concesserit. Tunc annuente patre eius Henrico, elegit eum in regem post eum.
Legati Romanae sedis, cùm idsine Papae nutu fieri licitum non esse dissertum
ibi sit: honoris tamen & amoris gratia tum ibi assuerunt: Legati
Lotarius Sol; Archiepiscopi, Episcopi, Abbates, Clerici; Dux Aquitaniae,
filius, Legatus Ducis Burgundiae, Legati Marchionis, & Legati Comitis
Andegauensis: pòst Comites
Vandensis, Vermadensis, Ponticensis, Suessionensis, Aruer
nensis, pòst milites & populi tam matores quàm minores vno ore
consentientes laudauerunt, ter proclamantes: LAVDMVS, VOLV MVS, FIAT.
In the yeare 1058, the twelft of the indiction, of the raigne of king Henry the xxxij, the iiij of the Calends of Iune, on
Whitsunday, king Philip was in the great church, before
the altar of blessed Marie, by the most reuerend
Archbishop in this order crowned: Masse now alreadie being begun, & before
the reading of the Epistle: the Lord Archbishop turning himselfe unto him,
declared unto him the Catholike faith, asking him whether he beleeued the same,
and would also defend it? Wherunto he graunting, his profession of the same was
brought forth, which he taking read it, (being as then but seuen yeares old)
and subscribed to the same,Philip, by the grace of God, by and by about
to be the king of France, upon the day of my inuesting do promise before God
and his saints, to keep canonicall priuilege, with due law and iustice to every
one of you the committies: as also so much as in me lieth by the helpe of God,
to defend you, as a king in this kingdome of right ought to doe unto euerie
Bishop, and to the church committed to his charge: as also by our authoritie to
graunt unto the people committed unto vs, the administration of our lawes,
standing in their full power. Which profession so read, heeRhimigius, calmely
and quietly declared, How that unto him especially belonged the Rhemigius baptized and consecrated king Lewes: declaring also, how by that staffe of Hormisdas the pope gaue unto Saint Rhemigius this power of consecrating the kings, with all the kingdome
of Fraunce: and how the Pope Victor graunted the same
also unto him and his church. And so his father Henrie
consenting thereunto, chose him to bee king after him. The Legats of the See of
Rome hauing there reasoned it, not to be a thing lawfull without the licence of
the Pope, were yet for loue and honours sake there present: as were also other
ambassadours, as Lotarius Sol, with other Archbishops,
Bishops, Abbats, Clarks, the young Duke of Aquitane, the ambassadours of the
Duke of Burgundie, the ambassadours We prayse him, We will have him: Let it be done. These
things wee have word for word written, the which were neuer yet put in print.
They therefore which thinke the kings of Fraunce to have beene in auntient time
created by the voyces of the people, vnderstand not the bishops of Rheimes to
have affirmed, that to have bene giuen unto them by a certaine singular
priuilege from the bishops of Rome: howbeit that it can in no wise agree with
the faith & obedience which the archbishops of Rheims have used to giue
unto the kings of Fraunce. Wee read also, that Charles
(he which for want of wit was surnamed the simple) was crowned by Fulke the archbishop Otho so chosen, prerended
himselfe to be king: and unto whom complaining of the iniurie done him by the
archbishop in crowning of Charls: Fulke aunswered, That
he had made choyce of Charles, according to the manner
and custome of his auncestors, who had not used to chuse kings, but of the
royall stocke & race of kings. Whose letters written unto that effect to
Otho are yet extant. Wherby it appeares, that if euer
any man had the right of election, it belonged unto the archbishop of Rheims,
or that at leastwise he was in the possession thereof: and yet for all that,
that he could not make choyce of any other king, but of the princes of the
blood. But to shew that the right of the crowne of Fraunce still descended vnto
the heire male Lotaire, Lewes, and Charles the
Bauld, grounded upon this, That their father had giuen the better part, and the
regall seat of Fraunce, to Charles the Bauld his
youngest sonne: howbeit that all the three brethren were kings, gouerning their
divided kingdoms with royall soueraigntie. And for that Henry the first, king of Fraunce, the younger sonne of Robert, had bene chosen by his father, and his elder
brother the duke of Burgundie reiected: he fearing least the children of his
elder brother, should in their fathers right lay claime unto the crowne, and so
put all France into civill warres, as it had before bene in the wars betwixt
him and his brother; to preuent the same, hee caused his son Philip,
Lewes the Grosse being consecrated by the archbishop of
Sens, in the citie of Orleans. Besides that the archbishops of Rheims foolishly
pretend them to have that from the pope: wherein the popes themselves have no
right, no more than they have unto the empire, which they have made subiect
unto their elections; and by thrusting the sickle into another mans haruest (as
saith Albericus the lawyer) have against al That the king neuer
dieth. Which auntient prouerbThat the king neuer deth.
Vlpian, where he
speaking of the Roman emperour saith, Lege Regia de eius
imperio lata, populus ei & in eum omnem suam potestatem Contulit,
By a royall law made concerning his power, the people conferred unto him and
upon him all his power: whereat the kings people suddenly arise, requesting the
court in sull audience, That those words might be rased out of the plea;
shewing that the kings of Fraunce had neuer receiued their power from the
people. Yea the court therefore sharply reproued the said lawyer, causing the
words, at the request of the Attourney generall, to bee rased out of the plea,
forbidding him any more to vse such speeches: who neuer after, as every man
Rex est mortuus, or, The king is dead. And euen
he the same man, presently after aduancing a banner with the Lillies in it, the
proper armes of this nation, crieth likewise, Viuat Rex N.
eique vitam diuturnam ac felicem Deus largiatur, God saue king N. and
graunt him long and happy life. The like manners and customes vse the English,
the Scots, and Spaniards, with whom (as with vs) the kingdom is by right of
succession giuen unto the neerest of kin. The like ceremonies are used also
But now those daungers which we have said to follow the election of a prince,
belongAlbert of Austria, and Lewes of
Bauaria, who for the space of eight yeares made most cruell warres, which of
them should as emperour rule and raigne one of them over the other, all that
while one of them still spoiling and ruinating the townes, castles, and
villages, of the others favourits and part takers. So in like manner the
cardinals (who were but twelue) after the death of pope Clement the 4,Gregorie
the tenth: & who for that cause bound the colledge of cardinals unto most
strait laws in the choyce of the pope, and yet could he not so prouide, but
that after his death, they at once made choyce of three popes, and oftentimes
of two; insomuch that at the last it was needfull to shut them up, and to
starue them with hunger, if within a certaine appointed time, they did not
denounce him pope, who had at the most two parts of the voyces: which yet is
more straitly kept in the chusing of the Grand Maister of the Knights of the
order of Saint Iohn:
Prat declared,
at such time as question was in parliament, for the verifying of the agreement
made betwixt king Francis the first, and Leo the tenth: For which cause also the bishops and
abbats in Moscouie,
And yet neuerthelesse the onely colour that men have to maintaine election, is
toNero, Heliogabalus, Otho, Vitellius, and such
others, the monsters of nature, had neuer come unto the Roman empire: Augustus, Traian, Adrian, both the Antonines, with other the emperours excelling in vertue and wisedome,
who by adoption Samuel, when question was for the
making of a new king, caused all the people to bee assembled, and the lot to be
drawne for all the twelue Tribes, which falling uppon the Tribe of Beniamin, and lot cast also upon the families of that
Tribe, in the familie of Cis
Saul, whome Samuel by the
commaundement of God had before annointed, to the end that the people should
not thinke that the kingdome was unto him by chaunce onely fallen. But after
that the Monarchy is once established, men have commonly had regard unto the
prerogative of successiue right, without vsing either of Cambyses being dead without issue, used lot, or rather
the neying of an horse for the chusing of their king. Yet wee see Darius hauing once by lot got the kingdome, the
soueraigntie of the state to have bene afterward by successiue right deriued
unto his posteritie.
Now it is not enough that successiue right take place in the descending of a
kingdome,Perseus, that by the right of nature
common unto all nations, and by the custome inuiolably obserued in the kingdome
of Macedon, the elder was still to succeed into that kingdome. And for that
reason (as saith Diodorus) Alexander the Great carried
away the crowne of that kingdome, from the rest of his brethren. As the manner
was also in the kingdome of Parthia, where the eldest of the house of Arsaces their first king, and the neerest of his blood
succeeded: following therein (saith Iustin) the auntient
custome of the Parthies. In like manner amongst the Hebrewes, the kingdome of
Iuda was giuen to Ioram, for that (as saith the
Scripture) he Herodotus himselfe (the most auntient of all the Greeke
historiographers) saith, That generally in all kingdomes the custome was, that
the elder should by right of succession have and enioy the scepter and diadem:
yea and more than foure hundred yeres before Herodotus
(as saith Coruinus Messala, in his booke dedicated to
Augustus the emperour) Ilus as
the elder brother, was preferred unto the kingdome of the Latines, before Assaracus the yonger brother. We read them also of the
West Indies (although men of all others most deuoid of humanitie) to have also
used this same natural▪ law, for the eldest to succeed before the younger. And
that when Francis Pizarra Generall of the Spaniards,
conquering the kingdome of Peru, caused Attabalippa the king to be put to death: all the people
thereat reioyced, to see him die that had caused his elder brother to be
slaine, so to become king himselfe, contrarie to the custome of the countrey,
and his fathers will conformable thereunto: who hauing two hundred children,
yet by his will appointed that Gaca his eldest sonne
should alone succeed him in his kingdome, without diuiding of the same. And
albeit that the children were twins, yet so it is, that the prerogative of the
kingdome is to be kept unto him that is first borne, & so to be left,
witnessed by most manifest proof: least such like quarrell should arise for the
prerogative of birthright, as did betwixt Iames king of
Scots, and the duke of Albanie, being twins: which kingdome the duke complained
to bee wrongfully taken from him: king Iames maintaining
the contrarie, for that he was the Aemulius, being of right due unto Numitor the
elder brother: & to Aristobulus king of Iudea,
thrust out of the kingdome by the sentence and doome of Pompey the Great, to make an end of the civill warres and seditions:
the kingdome being so restored unto his elder brother Hircanus, without respect to that which Aristobulus alleaged, his said brother not to have bene fit to beare
armes, neither yet to gouerne a kingdome. A reason and colour for which the
fathers and favourits have oft time troubled the right of their children, to
set the crowne due unto the elder, upon the head of the younger. As did Ptolomey the first of that name king of Aegypt, who
contrarie Iustin) preferred the younger brother unto the
kingdome before the elder, which was the cause that one of them slue the other.
In which errour Ptolomee surnamed Physcon offended also, who persuaded by his wife Cleopatra, preferred the younger brother before the elder: but was no
sooner dead, but that the people expulsed the younger, and restored the scepter
unto the elder. Anaxandrides also king of Lacedemonia,
preferred Dorieus before Cleomenes his elder brother, for that he was the more civill: and yet
the historie saith, that the people thereof grieuously complained, as of a
thing done contrarie to the law of nations. And albeit that king Pyrrhus said, That his will was, that he of his children
should succeed him, which Atreus,
Thyestes, who willing to preferre the younger before the elder, as the
fitter for the mannaging of the affaires of state, so filled and foyled his
house with most cruell and horrible tragedies. But more foolelishly doe they,
which search into the natiuities of Alphonsus the 10, king of Castile, who by
this means would have preferred the yonger brother before the elder: who for
the disgrace so offered him, slue his yonger brother, and caused his said
father for griefe to die in prison. In like case almost Gabriel the yonger sonne of the Marquesse of Salusse, by the consent
of his mother cast his elder brother into prison, pretending that he was out of
his wits: who yet breaking out of prison, recouered his principalitie, &
hauing chased out his brother, coupt up his mother in the same prison, wherein
hee himselfe had but a little before beene shut up. And not to seeke further
from home, wee have seene all this realme on fire with civill warres, for that
Lewes the Deuout, at the intreatie of his second
wife, had preferred Charles the Bauld, before Lothaire his elder brother. Wherefore pope Pius
the second did wisely, in reiecting the request of Charles the seuenth the French king, desirous to have preferred Charles his yonger sonne before Lewes the 11 his elder brother: howbeit that the king had reason so to
do, considering that Lewes had without any iust
occasion, twice taken up armes against him, so to have taken from him the
crowne, and to have pluckt the scepter out of his hand.
Now it is so farre from that the first begotten, or eldest sonne, should for
cowardise or want of courage, be imbarred to succeed unto the crowne, as that
if he be misse shapen and deformed also, yet ought not the prerogative he hath
unto the crowne by his birthright for that to be taken from him. Howbeit that
it much concerneth the Commonweale Lycurgus and Plato, would great regard to be had, and especially Lycurgus, who willed the deformed children to be slaine.
But the Deut. 21. The elder brother euen by the law of God to
be preferred before the yonger.Ladislaus their king,
who hauing no issue, adopted Alme his brothers yongest
son, so to make him king after him, reiecting Coloman his elder brother, whom he in a sort banished,
sending him a great way off, to studie in Paris: causing him also afterwards to
enter into the orders of priesthood, & withall bestowing upon him a
bishoprike, so to take from him all the hope for him to succeed unto the
crowne. For he was a man altogether deformed, goggle eyed, euill spoken, lame,
& crooked backed; & yet for all that Ladislaus
being dead, the estates of that kingdom draue out the yonger, refusing to haue
any other king but the elder brother, whome they called home, and by their
ambassadors afterward obtained of the pope, to have him dispenced with, and
discharged of his orders, and married also. Agesilaus, a lawe dwarfe, hauing by the meanes of
Lysander a prince of the Leotichides as
Alcibiades his bastard, succeeded into the kingdom,
not as the kings son, but as next of the fathers side, and of the bloud of Hercules: his aduersaries in vaine complaining the
kingdom to hault. And howbeit that Lysander who had
preferred Agesilaus to the kingdome afterwards did what
he might to have abrogated the antient royall law, and to have published an
edict whereby the nearest of bloud should not have succeeded into the kingdome,
but that the most sufficient of the bloud royall should still be chosen; yet
was there none found of his opinion.
Some there bee which would adiudge kingdomes unto the yonger being borne kings
sons, their elder brethren being borne before that their fathers were king: as
was iudged for Xerxes, declared king against Artabazus his elder brother begot by Darius
Darius. But where the kingdome is
descended by a lawfull succession from former ancestors, the eldest or neerest
of the fathers stocke is to succeed, although he be borne before his father was
possessed of the kingdome. Whereby is vnderstood what is to be iudged of the
question, which Bartholus writeth to have happened in
his time; as whether Philip earle of Valois his son
borne before his father was king of France, should as king succeed him in the
kingdome; or else his yonger sonne which he had after that he was king? Howbeit
that I Iohn. But this same
question might well have bin disputed in the time of king Charles the second, who before he was king had his sonne Lewes: who yet without any question obtained the
kingdome, although he had his brother Charles borne
whilest his father was king. For now question was of an antient kingdome
deuolued unto the next of name: wheras otherwise the yong sonne of a king
conquering a new kingdome should be preferred before his other brethren borne
before their father was a king. For as the children of base men are not
ennobled, being borne before their father was made noble; neither he to be
accounted a priests sonne, which was borne before his father was a priest: so
he also which is borne of a father before that he was king, not capable of the
kingdome Artaxerxes succeeded, although he was borne before his father was
king: as claiming the kingdome from his great grandfather. And albeit that his
mother Parysatis thrust all Asia into civill warre to
turne the estate unto her best beloued sonne the yong Cyrus, yet so it is that by the iudgement of God he was in battell by
his elder brother ouerthrowne and so slain. In like sort and upon the same
doubt which happened about the succession of the kingdome of Hungarie, Geica the elder brother borne before his father had
obtained the Demetrius reasoned
in the Senat at Rome, his brother Antiochus king of
Syria being dead: for as (sayd he) the right of nations hath before giuen the
kingdome unto mine elder brother, euen by the selfe same right ought I now to
But it may de doubted if the grandfather yet reigning, the eldest sonne shall
die leauingScipio Africanus willing as an vmpire to haue
appeased the like controuersie betwixt Corbis and Orsua the vnkle and the nephew, for the kingdome of
Numidia, and not knowing what in this point to resolue upon, appointed the
kingdome to be tried by combat betwixt them two: they both of themselves
refusing to have any other god or man for iudge but Mars: In which combat Corbis being both the elder and the cunninger ouercame
his nephew, as Liuie writeth. Which like kind of combats
betwixt the vncle and the nephew Liuius li. 38.Barnard king of Italie to take up armes
against the emperour Lewes the Deuout; alleadging that
the empire of right belonged unto him as the onely sonne of Pepin the eldest sonne of Charlemaigne, and not
to Lewes the Deuout the yonger brother of Pepin: howbeit that Lewes yet
caried it away, though not so much by right as by force of armes, and so
preuailing against Bernard kept himBasilius the
Great, king of Moscouie succeeded in the kingdome after his elder brother who
had children. For which reason also Henry of Lancaster
the sonne of Iohn of Gaunt deposed Richard the eldest sonne of Edward the Blacke
prince: alleaging that his father beeing by death preuented, he could not
succed Edward his grandfather in the kingdome: which yet
was but an vniust quarrell pickt. So in like case Robert
of Naples the yonger brother, by the sentence of the Pope and of the colledge
of cardinals, obtained the kingdome of Naples: the sonne of the elder brother
king of Hungarie being so excluded. An vsuall matter amongst the Vandals, as
Procopius writeth: for so Honorius got the kingdome of Gensericus his
grandfather, howbeit that Gerso his eldest sonne dying
had left sonnes;
And which I see to have bene common euen unto our ancestors also: for so Gontran preuailed against Childebert the eldest sonne of Sigisbert in the
obtaining of the kingdom of France. So Mauld ouercame
Robert her nephew, the son of Robert her elder brother, for the countie of Arthoise, the Senat of
France desciding the matter; and so obtained her fathers whole inheritance. Henry also sonne to Theobald earle
of Champaigne in like sute ouercome his eldest brothers sonne. But when Iohn Montfort in like sute for the dukedome of Britaine
was ouerthrown, by his aunt the daughter of Vide of
Britaine; what by right he could not, he by force obtained, not without a most
cruell Robert the sonne of Charles
the second, by the iudgement of the Pope obtained the kingdome of Naples, Charles his nephew the elder brothers sonne, king of
Hungarie, in vaine reclaiming. Sanxius also the sonne of
Alphonsus the tenth king of Castile, his father
favouring of him thrust his elder brothers sonnes out of the hope of the
kingdome. Iohn also hauing slaine Arthure, Godfrey his elder brothers sonne, tooke upon him the kingdome
of England. Vnlike was the quartell of Siluius, who
after the death of Ascanius, in the right of his mother
tooke from Iulus, Ascanius his sonne, the kingdome of
the Latins: For that Lauinia had Siluius
Aeneas but not Ascanius. But not fewer, yea and I know not whether moe
Lycurgus, he gaue unto Charilaus his eldest brothers sonne, his kingdome, which
he might easily have taken unto himselfe, the childs mother consenting
thereunto. Arcus also the elder brothers sonne, after
the death of his grandfather obtained the same kingdome, his vncle Acrotatus yet liuing. So also Iohn
the sonne of Ferdinand succeeded to Alphonsus his grandfather king of Portugall, Henry his vncle being yet alive. And not long after Sebastian the son of Iohn the eldest brother
tooke upon him the kingdome of Emanuel his grandfather,
and not Henry his vncle, Lewes of
Niuers also after the death of his grandfather got the counties of the Low
countries his vncle yet liuing and looking on. But Robert the Iohn Vaste the sonne of the earle of Foix, and the
heire of Francis Phebe, who being the sonne of the elder
brother had got his grandfathers inheritance, his vncle yet liuing. So also was
it iudged for the dukedome of Britaine against Iohn
Montfort. Others have left it as a thing doubtfull to be tried by
combat. For as Scipio Africanus permitted the combat
betwixt Orsue and Corbis whom hee
could not by law appease: the same we read to have happened first under Otho the Great, and after that under Henry the first Agathocles king of Syracusa slew his vncle, going about
to have taken upon him his grandfathers kingdome.
Neither want there probable reasons on both sides. For the nephew it
auailethPapinian the lawyer hath answered. Yea, by the Roman
lawes, brothers sonnes are admitted unto
Neither yet for all this is the vncles cause on the other side altogether
without reason,Esay. 3.That Commonweale to be miserable and vnfortunat, where
children beare rule.
Howbeit that the old receiued custome of our auncestours, and iudgements in
this Charles the Great, we shall scarcely, or els not at all, in the space
of twelue hundred yeares, find the vncle and the nephew, after the death of the
grandfather, to have met together as competitors in the succession of this
kingdome. Wee read it in the space of about five or six hundred yeares to haue
happened once in England, once in Castile, twice in Portugall, and once in
Sicilia. Wherefore let the sentence as well of the auntient, as of the later
lawyers preuaile for the nephew against the vncle: not only in direct, but euen
in oblique, and collaterall succession also. Which we have somewhat Villiers, and Baynecourt,
cosens germans, for the inheritance of Francis Bloqui,
without any regard unto the race of the elder auncestours, considering that
they came unto the succession of their chiefe ot head, and not by false
supposall, or by the way of representation.
And yet is it not sufficient, that the next heires male of name succeed, but it
is needfull also, that the kingdome, how great soeuer it be, with all the
soueraigne rights therof, bee wholly giuen to one without partition: as Gensericus king of the Vandales Aribert, brother to Dagobert
the eldest sonne of Clotaire the second, was also king
with his brother, one of them holding nothing of the other. Clodoueus also the eldest sonne of Dagobert,
was king of Paris, and Sigebert his brother king of
Metz. And after the death of Clodoueus his foure sonnes
divided the realme into foure kingdomes: for Childebert
was king of Paris, Clodoueus king of Orleans, Clotaire of Soissons, and Theodoric of Metz. But the rest being dead, all in fine came to Clotaire, whose eldest sonne Cherebert was king of Paris, Chilperic of
Soissons, Gontran of Orleans, and Sigebert of Metz, all kings: which multitude of kings were scarece
euer Hugh Capet, who
ordained three kings of great consequence for the maintaining of this Monarchy
in the greatnesse thereof. First they excluded the bastards of the house
ofCharles the
Simple, had part in the kingdome, and so after the manner of our auncestors was
called a king. True it is, that Theodoric the kings
bastard was excluded, for that he was begot of a bondwoman, who yet
neuerthelesse demaunded his part of the kingdome, unto whome for all that
aunswere was giuen, That he must first be made a free man.
And as for diuiding of a Monarchy, I have said, that being divided, it is no
more aIosaphat king of the Iewes hauing six sonnes, left his
kingdom whole and entire unto his eldest sonne Ioram,
assigning unto the rest certaine yearely annuities, or pensions. The first that
opened this daungerous gap, was Aristodemus king of
Lacedemonia, who yet divided not his kingdome unto his two sonnes, Proculus and Euristhenes, but left
the kingdome vndivided unto them both: and so thinking to have made them both
kings, tooke from them both all soueraigne authoritie and power. After whose
example the kingdome of the Messenians, neere unto the Lacedemonians, was by
the father giuen vndivided unto Leucippus and Amphareus, being
brethren: the chiefe cause why those two kingdoms Iames king of Aragon appointed Peter his eldest sonne to be king of Aragon, and Iames his younger sonne to bee king of Maiorque: howbeit that
afterward the elder brother tooke the yonger prisoner, and in prison starued
him, whome much lesse he would have endured to have bene partner with him in
the kingdome, and so vnited both the kingdomes into one. So it befell also the
children of Boleslaus the second, king of Polonia, who
hauing divided the kingdome unto his foure sonnes, and leauing nothing unto the
fift, kindled such a fire of sedition,William the Conquerour, who left the dukedome of
Normandie, and the other countries which he had from his father, unto his
eldest sonne Robert Curteyse, who succeeded him not in
the kingdome of England, for that he was not the sonne of a king (as saith the
Norman historie) but left that kingdome which he had conquered unto William Rufus, which hee had not as yet vnited unto his
other countries: leauing unto Henrie his third sonne
nothing Robert the eldest brother, desirous also to haue
had the kingdome from Henry the third brother, who after
the death of William Rufus his brother, had ceised
thereon, in seeking too greedily thereafter, lost both the one and the other:
and being taken by the third brother (who now carried away all) was by him cast
in prison, and so depriued of his sight there miserably died. And albeitCharles Countie of Prouince, and of Philip Valois king of Fraunce, where the eldest had all: which is by
farre the surest for the estate, without respect unto the other Robert earle of Cleremont brother to saint Lewes, unto whome that inheritance was adiudged: his
other brethren Charles and Alphonsus earle of Poitiers both excluded. The like iudgement being
also giuen against Charles, concerning the succession
into the inheritance of Alphonsus, dying also without
issue: Charles his brother enioying no part thereof, the
inheritance by a decree of the Senat, being adiudged from him, and giuen vnto
the crowne. For which cause the succeeding kings better aduised, and to the
intent that the matter should bee no more doubted of, have prouided, that in
the letters patents concerning the lands and pensions giuen unto their younger
brethren, it should expresly be comprised, that they dying Lewes duke of Aniou,
king Iohn his sonne. And albeit that Renate the yonger sonne of Lewes the third,
duke of Aniou, succeeded his elder brother into the inheritance, yet was it
rather by sufferance, than for any right he had so to doe as heire male. For
otherwise the earle of Niuers after the death of Charles
duke of Bourgundie (his nie kinsman dead without any heires male) might iustly
have claimed the dutchie, considering that in the letters patents of Philip the Hardy, the dukedome of Bourgundie was giuen
unto him and to his children, as well females as males, without any exception
of sexe. Yet pretended the earle no right thereunto, but the duke being dead,
king Lewes the eleuenth in his owne right claimed the
dukedome of Bourgundie. True it is, that the French kings in that Philip of Valois obtaining the kingdome,
resigned the earledome of Valois unto his younger brother Charls. And Charles the sixt the French king
being dead, Charles of Angoulesme succeeded unto the
dutchie of Orleans, and yet his sonnes sonne Iohn of
Angoulesme succeeded not unto the said dutchy of Orleans, Lewes the twelft hauing got the kingdome, annexing the same dukedome
unto the crowne. For they are deceiued which write Peter
of Burbon, lord of Beauieu, to have succeeded his brother Iohn into the lands which hee had receiued from the kings his
auncestors, by lawfull right rather than by the graunt and favour of king Lewes the eleuenth, whose sister Anne the said Peter had maried, whom Lewes the twelft was content also, that Susan
of Burbon the onely daughter of Peter of Burbon,
marrying Charles of Burbon, should hold such lands, long
before giuen to the crowne: but the said Susan beeing
dead without issue, those lands were forthwith ceized upon, and againe annexed
unto the crowne, namely the counties of Auergne, and Clermont, and the dukedome
of Burbon, howbeit that it was not in the letters patents comprised: which
thing is thought especially to have moued Charles of
Burbon to have entred into rebellion against the king. So also we find, that
after the death of Iohn the third, duke of Alanson, the
dutchy of Alanson was at the motion of the kings Attourney generall ceized upon
for the king; howbeit that the duke had left two daughters his heires, vnto
whome were reserued onely the lands by Tacitus writeth) gaue all their
lands and inheritances unto the eldest, and their mouables & money onely
unto the rest. And so we read Abraham the Patriarch to
have done, giuing his whole inheritance unto his eldest sonne, and money vnto
the rest, whome hee
But haply here some man may say, it to be expedient if the Monarchie be great,
asAugustus, Marcus Antonius, Sextus
Pompeius, who by lot divided the Roman empire, and so of one great
Monarchie made three. And this expediencie should seeme unto me good, if that
princes after that they had bounded out their frontiers, could bound out also
their desires. But there are no Sextus Pompeius, the bonds of confederacie being in
short time broken amongst the consederats. Neither could Antonius endure the government of Augustus,
neither Augustus the government of Anthonie, although he were a great way off from him▪ So that one of
the three being before slaine, the other two could neuer be at quiet, vntill
they had one of them quite ruinated the other. And if at any time it haue
happened, some of the emperours of the East, and of the West, in so great an
empire to have lived in peace, it was not long, but almost a miracle, neither
such as Othoman familie, wherein many most horrible
murders have bene for the empire committed, the parents not sparing their owne
children, neither the children their parents: insomuch that within this two
hundred yeares past, they have not ceased still to kill one another, vntill
there be but one of them left alive. And in theGaleace the second, and
Barnabas, two most Galeace onely for the ambitious desire of soueraigntie, most cruelly
slue his said brother, together with all his children. So Abimelech the bastard slue threescore and nine of his brethren, that
he might all alone raigne. And Berdeboc king of Tartarie
with like slaughter, and for like cause, slue his twelue brethren. Sephadin also caused the ten sonnes of his brother Saladin to be all murthered, that he might himselfe
Alexander also most part of them slue one another,
not sparing either their parents, or children. For as for one brother to kill
another, it was so common a matter (as Plutarch writeth)
as that it seemed almost a miracle unto the ambassadour of Ptolomey, that Demetrius standing on the right
hand of Antigonus his father, with a boare speare in his
hand, could abstaine from killing of his father. But yet greater was the
crueltie of king Deiotarus, who at one time slew twelue
of his sonnes, for no other cause, but so the better to assure his kingdome
unto the thirteenth, whome he best loued▪ For alwayes amongst equals, the
ambitious desires they have to be one of them greater than another, still
armeth them one against another: Wheras in a Monarchy, where there is but one
soueraigne, and unto whom the princes Bertrand, Gueschlin, Oliver Clisson, Simon earle of
Montfort, with others of like qualitie, men of great seruice, and under whome
the princes of the blood might march; and yet neuerthelesse Augustus, who amongst other the secrets of his government, had this
for one, Not to giue the place of a Generall, or of a Gouernour of the
frontiers, and especially of Aegypt, unto any the noble Senators of auntient
houses, but onely unto men of meaner estate. And albeit that the kings of the
Northerne parts have as it were alwaies called the princes of their blood vnto
their councell; yet so it is, that other Monarches keepe them backe so much as
they can: whether it be for the distrust they have in them, or to keepe their
councell in such libertie, as that it may not be diminished by the greatnesse
of the princes of the blood: or that it is to take away the ambition and
iealousie which is ineuitable amongst princes of the same blood, if the king
shall chance to fauor one of them more than another. And although there be many
princes neere unto the Othoman blood, as namely the Michaloglies, the Ebranes, the Turacanes; yet
are they neuer of the priuie councel, either yet admitted to any great place of
honor, or command. And in the Monarchy of the Aethiopians (which is one of the
greatest, and most auntientestAbraham king of Aethiopia, by diuine reuelation, to
auoid the factions The Children of Israel
(assuredly supposing them to be of the blood of the Hebrewes: beside that, the
Aethiopian language taketh much of the Hebrew) to the intent the estate should
not fall into combustion, the kings line fayling: or els for that the princes
of the blood should not at libertie seeke to aduance themselves by force: or
being aduanced, should not seeke to inuade the estate. For aSultan Solyman made Abraham Bassa of a slaue so great, by heaping honors upon
honours upon him, as that in fine fearing his power, he was glad to cause his
throat to be cut as hee was sleeping, and afterwards found him be worth thirtie
millions of gold. But this is more to bee feared in a little kingdome or
estate, than in a great: for that the subiects coupt up as it were all in one
place, are the more easily kept under by the power of the stronger. So when Iames Appian prince of Sienna, too much favouring Peter Gambecourt, a man of base degree, had made him too
great in honour and wealth, he was by him (before he was aware) thrust out of
his estate. The like pranke Calippus serued Dion; Brutus, Caesar; Macrin, Caracalla; Maximinus, the
emperour Alexander; Philip, the yong Gordianus:
Agathocles a Potters sonne, of a common souldior chosen a Generall,
durst have slaine all the nobilitie and richer sort of the citisens of
Syracusa, & made himselfe a king? Now if such a base companion as he durst
doe so much, how much more warily is it then to be foreseene, that too great a
commaund or power bee not giuen unto princes or great men, either at home, or
in seruice abroad? And this is it for which many have holden, that by law the
poynts reserued unto the maiestie of a soueraigne prince, are neuer to bee
communicated unto a subiect, no not so much as
We have said also, that a Monarchy ought to descend unto the heires male,
consideringGenes. 3.Esay. 8.Martian, when as amongst all the goddesses onely Pallas had no mother, but was borne of Iupiters braine, to shew that wisdom proceeded not from women) but
also for that mens actions are contrarie unto their sexe, and to feminine
modestie and chastitie. Neither was there any thing which more incensed the
Senat of Rome, against the emperour Heliogabalus, than
to see his mother to come into the Senat, though she came but only to see,
& not to say any thing. Which was also thought a right strange thing to our
auncestors, that Maud, grandmother toPhilip the Long, should be assistant unto Robert Contie of Artoise, and Margret Countie of Flanders, at the iudgement of the Countie of
Clairmont. Now if it be an absurd and rediculous thing, for women to busie
themselves in mens publike actions and Isabella queene of Castile
marde Ferdinand king of Arrogon: and in our time,
betwixt Mary queene of England, and Philip prince of Spaine, whome they called the queenes husband. And in
like case in the matrimoniall contracts betwixt Sigismund archduke of Austria (who was afterward emperour) and
Mary queene of Hungarie, whome the subiects in scorne
called King Marie. In which case the husband is chiefe
of his familie, and maister of his domesticall houshold; and yet for all that
in publike affaires remaineth subiect unto his wife. For why, the publike power
(as saith the law) is neuer bound unto the domesticall power. And for this
cause the Consull Fabius caused his father (the great
Fabius) to alight from his horse to doe him honour,
as to the Consull in publike: who yet for all that by vertue of his fatherly
power, might without giuing cause or reason why, have put him to death at home
in his owne house. But if the queene shall remaine vnmarried (which is the most
true womansDarius Memnon
(whome the holy Scripture calleth Assuerus) That the
disobedience of the queene Vasthi his wife, should not
remaine vnpunished, least her pride should giue occasion unto the other
subiects wiues to he disobedient unto their husbands. For as the familie is out
of order, where the woman commaundeth over the husband, considering that the
head of the familie hath lost his dignitie to become a slaue: euen so a
Commonweale (to speake properly) looseth the name, where a woman holdeth the
soueraigntie, how wise soeuer shee Ione
queene of Naples (who of her vnchastitie was called Lupa, or a shee wolfe) stirred up of her selfe, who most cruelly
murthered three kings her husbands, and was therefore her selfe also strangled,
as she well deserued. I speake not of the horrible and brutish lusts of Semyramis, the first that by a straunge meanes set foot
into the Assyrian Monarchy. For hauing obtained of the king, to have the
soueraigne commaund but for one day, she the same day commaunded the king
himselfe to be slaine. What should I say of Athalia
queene of Iuda, who seeing her husband slaine, put to death all the princes
Cleopatra flue her brother, that so she might alone enioy the kingdom
of Aegypt. There was also one Zenobia, who stiled her
selfe an empresse (together with the thirtie▪ vsurping tyrants) and was by the
emperour Aurelian ouercome. And in like case did Hirene empresse of Constantinople, coupt up at last into
a monasterie her selfe. In briefe I find no people to have liked of the
soueraigntie of womans government: howbeit that many have endured the same: as
did the Neapolitans the government of Constance, last of
the race of the Norman kings, that raigned in Naples. And after that of Ioland the daughter of Iohn
Brenne, married to the emperor Frederike the
second, who Manfred his base sonne, whose daughter Constance marrying into the house of Aragon, kindled the fire of the
warres which continued two hundred yeares, betwixt the houses of Aniou and
Aragon; and could neuer bee quenched but with the great effusion of the blood
of many most valiant and worthy men; and all for hauing▪ giuen an entrance vnto
a daughter into the succession of the kingdome of Naples. But when the colledge
of cardinals saw the Christian Commonweale, and especially Italie, to haue
endured so many and so great slaughters, in so long and such mortall warres,
and all for distaffe soueraigntie; it was by them decreed, That from that time
forward, the kingdome of Naples should no more descend unto women; Alphonsus
king of Arragon, in the yeare 1455, and Ferdinand king of Arragon, in the yeare
1458, it is expresly set downe, That the daughters should not succeed unto the
kingdome of Naples, so long as there were any heires male, either in the direct
or collaterall line, euen unto the fift degree. But that gap for the succession
of daughters being opened in Italie, was afterwards also put in practise in the
kingdomes of Hungarie, and of Polonia, which fell to Marie andHedwige, the daughters and heires of Lewes king of Hungarie, and of Polonia; which had neuer before bene
seene. At which selfe same time almost, Mary Volmar
(contrary unto the lawes and auntient customes of the countries) succeeded into
the kingdomes of Norway, Sweden, and Denmarke. The like example was after also
followed in the kingdome of Castile, whereinto Isabel of
Castile succeeded her father, hauing gained Socina the daughter of Alphonsus, to haue
before in like manner brought the kingdome of Castile unto Sillon her husband: aunswere was thereunto made by the subiects, That
to have bene done rather by force, than by any right; and that from that time
the estates of Castile had protested, That it was contrary unto the lawes of
the country. Which hasted the marriage betwixt Ferdinand
and the said Isabella, so to keepe the people vnder. And
albeit that Henry king of Castile, had by his last will
and testament at the time of his death declared, That the kingdome of
Lewes the ninth the French king▪ in the right of his
mother Blaunch of Castile; and that the barons of
Castile had writ unto the said French king, that he should come to take
possession of the kingdome: yet so it was, that hee neuer durst vndertake to
lay claime unto the same, howbeit that he had the consent of the nobilitie of
the kingdome by letters under their hands and seales, which are yet to bee
seene in the records of Fraunce. Now by the same craft that Isabel had wrested unto her selfe the kingdome of Castile, did Ferdinand the sonne of Leonore
also gaine the kingdome of Arragon: as did also after him the earle of
Barcelone, hauing married Petronella the daughter of the
king of Arragon. Which happened also in the kingdome of Nauarre, whereunto Henry the Large, earle of Champaigne succeeded in the
Ioane, married vnto
Philip the Faire the French king, brought unto him
the carledome of Champaigne, with the kingdome of Nauarre: but the heires male
of Philip the Faire failing, that kingdome of Nauarre in
the right of three women fell unto the houses of Eureux,
of Foix, of Albert, and of Vendosme: so that this kingdome in lesse than foure
hundred yeares, was transported into six strange houses, and unto seuen
straunge princes, the queenes husbands. But yet by the way it is worth the
noting, foure women all of one name to have opened the way unto womens
soueraigntie, in the kingdomes of Hungatie, of Norway, of Sweden, of Denmarke,
of England, and Scotland. True it is, that Maud daughter
to Henry the first, king of England, before brought the
kingdome Stephen earle of Bolloine nephew o Henry, in the right of his sister Adela; in
such sort, as that a cosin descended of a daughter was preferred before the
kings own daughter: which daughters sonne yet succeeded king Stephen, in such sort as that no womans government seemed at all to
have bene. For which reason Edward the the third, king
of England, upon the difference which he had for the crowne of Fraunce,
alleaged the kingdome of Fraunce by the right meaning of the law Salique, to
belong unto him: saying, That law to stand in force and take place, when the
next heire male descended Isabel sister to Charls the
Faire) was preferred before him,Charles the fift marrying of
his sister unto Christiern king of Denmarke, and caused
this clause to be inserted into the matrimoniall contracts: That the males
fayling, the eldest daughter issuing of that marriage, should succeed unto the
kingdome: yet so it was neuerthelesse, that the estates of that countrey had
thereof no regard, for that the kingdome went by election: yea so farre off was
it, that such the kings priuat agreement could take from the nobilitie of
Denmarke, the power to chuse their kings: or yet neuer any one of the
Sigismundus Augustus,
excluded not only the kings sister, but euen his nephew the king of Sweden his
sonne also, who gaue a million of gold unto the Commonweale, to have his sonne
afterward chosen: how beit that their predecessours had before receiued Hedwig the daughter of Lewes: and
that when as there was no heire male, neither in the direct nor collaterall
line of the house of Iagellon, they neuerthelesse made
choyce of Henrie of Fraunce.
Now if the princesse the inheritrix shall marrie (which is necessarie, so to
have an
And not to speake of many difficulties which fell out about these matters, euen
the verie same, yea and greater too, presented themselves at the treatie of the
marriage Philip prince of Castile, and Mary queene of
England: wherein the first article contained, That no straunger being not a
naturall English man borne, should bee preferred to any office, benefice, or
charge whatsoeuer. And in the fourth article it was set downe, That Philip prince of Castile should not carrie the queene his
wife against her will out of the realme of England, neither the children begot
betwixt them two: the which articles were confirmed by the estates of the land,
the second of Aprill, in the yeare one thousand five hundred fiftie three,
where beside that which I have said, it was also more solemnly prouided, That
the queene alone and of her selfe should enioy all the royalties, and
soueraigne rights of the said realms, lands, countries, and subiects,
absolutely; without that her husband should by the courtesie of England
Nouaile ambassadour of Fraunce, who then was in England,
that it was also decreed, That no Spaniard should have the keeping of any
fortresses or strong holds belonging unto the Crowne of England, either on this
side, or beyond the sea: neither that the Englishmen should by the Spaniards be
constrained to goe unto the wars out of the realme.
Charles the
fift on the other side wisely foreseeing all things, and fearing least some
treason might be wrought against the prince his onely sonne, whome alone he had
begot unto the hope of so great an empire, required to have fiftie young noble
English gentlemen delivered unto him to be kept as hostages, so long as his
sonne Philip was in England: howbeit that as such
distrust drew after it the hatred of the English nation, so was also that
article taken away, and nothing thereof obtained.
For neuer strange prince can be assured of his life, commaunding in a strange
countrey,William raigned in Sicilie, in the yeare 1168, the people
of the kingdome of Naples were so incensed to see a French man promoted to the
honour of the Chauncellourship amongst them, as that they conspired at once to
kill all the Frenchmen that then were in the kingdomes of Naples and Sicilie,
as indeed they did. But if the domesticall Cazimire the Great,
king of Polonia, and wife to Lewes king of Hungarie,
chosen also king of Polonia, to the great contentment of all the estates of
that realme: and yet neuerthelesse for one Polonian slaine by an Hungarian
gentleman, all the people of Cracouia ranne upon the Hungarians, and in that
hurle slue them all, except such as by chaunce saued themselves in the castle,
who yet were there besieged together with the queene: neither was there any
meanes to appease the peoples rage, but that the Mary the
eldest daughter of Lewes king of Hungarie, had married
Sigismund archduke of Austria, who going about to
take upon him the government, was by his wiues mother (a most ambitious woman)
driuen out of the kingdom: who not able to endure to see him raigne▪, to be
sure to shut him quite out, was about by her ambassadours to have called in Charles the French king, and so to have put the kingdome
into the power of the French. Which the Hungarians perceiuing, sent for Charles the king of Naples, and vncle to Mary, Sigismund his wife, to take uppon him Sigismund returning with a strong armie, put himselfe in
full possession of the kingdome, wherof he now disposed at his pleasure, and
filled all places with the slaughter of them which were of the faction against
him. But let vs come to our owne domesticall examples, and unto those wounds
which but lately receeiued, bleed with the least touching, neither can but with
most bitter griefe be felt. Frances duke of Alanson
being sent for, came to take upon him the government of the Low
countries,Mary queene of Scots had
married Frances the Dalphin of France, and that the
Frenchmen went about to dominier over the Scots, they forthwith chose rather
Marcus Aurelius?
And yet when he with too much patience bare with the wantonnesse of his wife
Faustine (as some of his friends thought) who for her
too dissolute life ▪would have persuaded him to have bene diuorced from her;
Then must Antoninus
Pius the father of Faustine.
And yet there is another daunger also, if the princesse heire unto a soueraigne
estateVenda queene of
Russia, who hauing long Isabel queene of Castile, marrie Ferdinand
before she had seene him: neither could Elisabeth queene
of England be by any man persuaded to promise marriage unto any man, but vnto
himselfe present. And Henry king of Sweden, seeking the long ambassage of Iohn his Francis duke
Now if the law of nature be violated in the soueraigne government of women, yet
much more is the civill law, and the law of nations thereby broken, which will
that the wife follow her husband, albeit that he have neither fire, nor
dwelling place. Wherein all the lawyers and diuines in one agree; and that she
ought to reuerence her husband: as also that the fruits of the wiues dowrie,
yea euen of all the wiues goods, belong unto her husband; not onely such as
arise of the lands themselves, but euen such as fall unto Isabella and Socina. Moreouer
it is holden in law, That the wiues vassall ought to succour the husband before
Ancaran the lawyer saith to take place euen in queenes
which marrie base men, no princes: of which opinion the rest of the lawyers are
also.
All these absurdities and inconueniences follow womens soueraigntie in
government,De terra vero Salica nullo portio haereditatis mulieri
veniat: sed ad virilem sexum tota terrae haereditas perueniat: In
English thus▪ But of the land Salique no portion of the inheritance shall come
unto a woman: but all the inheritance of that land shall come unto the male
sexe. And so also in the edict or decree of Childebert
king of Fraunce, is euen the very same comprehended which is in the lawes
Salique, where the nephewes being in direct Philip earle of Valois, and king Edward of England: Philip
alleaging for himselfe the law Salique, according to the law Voconia; and Edward defending his cause and right by the antient Roman
lawes, concerning inheritance: a decree was made by the generall consent of all
the Senators and princes of Fraunce, Ne quis in ea
disceptatione peregrinarum legum auctoritate vteretur: sed legem quisque
Salicam pro suo iure interpretari studeret, viz. ThatLewes
Hutin the king of Fraunce, the duke of Burgundie called Iane the daughter of Hutin, vnto
the succession of her fathers crowne and kingdome: yet was it by the generall
consent of all the estates assembled in parliament at Paris, resolued to the
contrarie, As that daughters should not succeed unto the crowne: & so the
opinion of the duke was reiected. About which time, or a little before, Baldus called the law Salique, or the custome for the
males onely to succeed unto the crowne, Ius gentium Gallo, The law of the French nation. Neither is it
long agoe, since that in a suit in the parliament of Burdeaux, betwixt certaine
gentlemen about the right of their gentrie; a will was brought out, written in
Frederike the second gaue
this priuilege as a singular benefit unto the house of Austria, That the line
of the males failing, the daughters or females might succeed. Which thing the
emperour could not doe, without the expresse will and consent of the estates of
the empire. For which cause Othocarus king of Bohemia,
being also of the house of Austria, without regard of Frederikes graunt, by right of kindred claimed the dukedome of
Austria, and leuied a strong army against Rodolph, who
by vertue of Frederikes graunt, claimed the dukedome as
belonging unto himselfe. Which priuilege for women so to succeed, was
afterwards extended unto the princes of the house of Bauiere also. Yet was
there neuer M. Cirier Councellour of the parliament, said to haue
bene made with a great quantitie of the salt of wisdome, was not onely alleaged
and put in practise, in the raigne of Philip Valois, and
of Charls
Clothare, Sigebert, and Childebert, who were all preferred before the kings their
predecessours daughters, who neuer laid claime unto the crowne. And that is it
for which Baldus the notable lawyer, speaking of the
house of Burbon, holdeth, That the male of the Constance
Peter of Sauoy her vncle bene excluded from the
government: and that euen by the sentence and doome of the judges and
arbitrators, chosen for the deciding of the matter in the yeare one thousand
two hundred fiftie six. Yet doubt I not but that many are afraid of womens
soueraigntie, who yet indeed doubt not to shew themselves most obedient vnto
womens lusts. But it is no matter (as old Cato was woont
to say) whether that the soueraigntie it selfe be giuen to women, or that the
emperours and kings bee themselves obedient unto womens pleasures and
commands.
Seeing then it appeareth plainely enough (as I suppose) the estate of a
Monarchy to be of all other estates most sure; aPlato
himselfe harh entituled his bookes of Commonweals, Bookes of
Law, or of Iustice, howbeit that he speaketh in them rather like a
Philosopher, than a Lawgiuer,
(▪)