The six books of a common-weale

IT is not enough to say, that a Royall and lawfull Monarchy is[*](What Royal onarchie is best.) better than either a Democratie, or an Aristocratie, except a man say also, such a Monarchy as is by successiue right diuolued unto the next heire male of the name, and that without partition. For albeit that the lawfull Monarchy be alwayes to bee preferred before other Commonweals, yet neuerthelesse so it is, that amongst Monarchies that which commeth by a successiue right unto the heires males, of name, neerest in blood, and without partition, is much more commendable and sure, than are the other which come by lot, or by choyce, or will, to the heirs male, but not to the neerest; or unto the neerest, but yet by the mothers side; or that is the neerest by the fathers side, but yet is to make partition of the whole Monarchy with other the coheires; or else of some part thereof. All which it is needfull for vs by necessary reasons, and examples, to declare; to take away the opinion that many imprint into another princes subiects, and by that meanes entertaine rebellions, so to chaunge well ordered Monarchies, and to moue as it were both heauen and earth. All which they do under the vaile of vertue, of pietie, and of iustice. Yea some there are to

be found, which have bene so bold, as to publish bookes, and to maintaine against their naturall prince, come unto the crowne by lawfull succession, That the right of choyce is better in a Monarchy: as was done in England the seuenth of September, in the yere 1566, the queene then present at the disputation of the schollers of Oxford; the question[*](This question was indeed then in Oxford disputed, & the right of succession notably defended, and before election preferred.) being, That it were better to have kings chosen by election, than by succession. Which new doctrine not a little troubled, not the queene onely, but euen the nobilitie also of that kingdome, then there present. For why, from such beginnings wee see the subiects to proceed unto mutinies, unto rebellions, and at length euen unto open wars. And who is he that would not be moued to heare the inuectiue speech of an eloquent man, detesting the cruelties, the exactions, and rapines of a tyrant? who neither hath the honour of God, neither the truth, neither iustice, in regard: who driueth away the good men, and ioyneth himselfe unto the euill: and in the end ioyneth thereunto this exclamation, O how happie is that Monarchy, wherein the estates of the people make[*](To possesse the people with n opinion, that have the king by election, is better than to have him by succession, a thing most dangerous unto soueraigne princes.) choyce of a iust and upright king, who aboue all things feareth God, and honoureth vertue: who regardeth the good, and chastiseth the euil: who unto the honest appointeth due rewards, and unto the wicked condigne punishments: who abhorreth flatterers, who keepeth his faith and promise; who banisheth the blood suckers and deuisors of new exactions out of the court, who spareth his subiects blood as his owne, who revengeth the wrong done to others, and pardoneth the iniurie done unto himselfe; and who in briefe more esteemeth of religion and vertue, than of all other things in the world. And so hauing set these prayses, with the counterpoise of a tyranny repleat with all vices, the vulgar sort forthwith conceiueth an opinion, that there is nothing more happy, than the Monarchy which falleth into election: yea and not they of the simpler sort onely, and such as have small understanding in the knowledge of matters of policie, but euen they also which are accounted of all others the most sufficient, are oftentimes deceiued, and much mistaken, in regarding nothing but the apparant good on the one side, without respect unto the innumerable absurdities and inconueniences which are to be found on the other. For euen 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 from the fathers to the sonne in the stocke and line of Hercules, whereas the others[*](Most people to have had their kings by successi on, rather than by election, contrary unto the opinion of Aristotle.) still had them by election and choyce. But so he might call the Assyrians barbarous, the Medes, the Persians, the Aegyptians, the people of Asia, the Parthians, the Armenians, the Indians, the Affricans, the Turkes, the Tartars, the Arabians, the Moscouites, the Celtes, the Englishmen, the Scots, the Frenchmen, the Spaniards, the Perusines, the Numidians, the Ethiopians; and an infinit number of other people, who still haue, and alwayes before had, their kings by right of succession. Yea and wee find in Greece (the countrey of Aristotle 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 ambition had blinded them to chaunge their Monarchies into Democraties and Aristocraties. Which had likewise taken place in Italie also, whereas the Hetruscians and Latines for many worlds of yeares had their kings still descending from the fathers to the sonnes. Now if so many people and nations were all barbarous, where then should humanitie and ciuilitie have place? It should be onely in Polonia, in Denmarke, and in Sweden: for that almost these people alone have their kings by election: and yet of them almost none, but such as were themselves also royally descended. Cicero saith, humanitie and courtesie to have taken beginning in the lesser Asia, and from thence to have bene divided unto all the other parts of the world: and yet for all that the people of Asia had no other kings, but by succession from the father to the son, or some other the neerest of kin. And of all the auntient kings of Greece, we find none but 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 of 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, ---, for that they used the Aegyptian tongue, and not the Hebrew.[*](Psal. 113.)

But in all Monarchies which go by election, there is one daunger thereunto alwaies[*](Great daungers incident unto an estate or kingdome, where the king or other oueraigne prince, is to be chosen by election.) incident, which is, that after the death of the king, the estate remaineth a meere Anarchy, without king, without lord, without government, still in danger of ruine; as a ship without a maister, which oweth the wracke of it selfe unto the first storme or wind that ariseth: theeves and murderers in the meane time at their pleasures committing their murders, and such other their most hainous outrages, with hope of impunitie; as the common manner is after the death of the popes, of the kings of Tunes, and in former times after the death of the Sultans of Aegypt. For there have bene such as have committed[*](The great disorders in Rome, in the vacancie of the papacie, and before the new pope be chosen.) fiftie sundrie murders, and yet have alwayes had the popes pardon therefore: the popes at their first entrance into the papacie, still pardoning all men their offences whatsoeuer: and so murders and revenges commonly referred unto the popes death, remaine then vnpunished. So that in the yeare 1522, there were two executed at Rome, whereof the one tearmed himselfe Pater noster, and the other Aue Maria, who at diuers times had stabbed and murdered an hundred and sixteene men, as was then proued. And the first thing that they commonly doe, the Papall seat being vacant, is to breake open the prisons, to kill the gailors, to enlarge the offendors, to revenge iniuries by all meanes: which continueth vntill that the colledge of cardinals have agreed of a successor, wherein sometime they have beene at such discord and variance among themselves, as that the seat hath bene vacant two yeres and foure moneths together: as it chanced after the death of 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 of the empire unto the king of Spayne, 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

by them unto their empire vnited) the poore subiects, and the best townes and cities in the whole kingdome, were sacked and rifled by the Mammalukes: vntill that some one of them by the consent of all the rest was chosen Sultan.

Now if some (to remedie the matter) shall say, That in the meane time there might[*](No lesse dangerous in the vacancy of a kingdome, to make choyce of a soueraigne gouernor than of a king himselfe.) a gouernour be established: he is therein deceiued, it being a no lesse hard matter, to make choyce of a lieutenant or gouernour, than of a king. But admit he might so bee made without any contradiction, by the consent of all the estates to whome it belongeth, to name their gouernour, yet who should be the suretie and warrant for his faith? Who should let him (hauing the power in his hand) to inuade the estate? who should disarme him being not willing thereunto? Wee see how Gostauus father of Iohn king of Sweden behaued himselfe, who of a gouernour made himselfe a king, without expecting of any other election at all, and so lest the regall power by strong garrisons confirmed unto his posteritie. And to leaue the government unto the Senat, as they do in Polonia, and did of auntient time in Rome, is no lesse daungerous, least in the meane time some of the stronger and bolder sort should possesse themselves of the fortresses and stronger places: as did 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 neuer[*](Many popes flaine or poisoned, about their election.) possible to prouide so well, but that two and twentie popes had their heads chopt off, and many moe of them by strong factions driuen out of their seats: not to speake in the meane time of them (in number almost infinit) who have by poyson (the common death of the bishops of Rome) perished. Yea we read that euen in the primitiue church, viz. 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,[*](Why the choyce of bishops, and ecclesiasticall presements was taken from the people.) which had in them any bishops, all places were so filled with so many of Laodicia, that from thence forward it should not be lawfull for the people, to meddle with the choice of the bishops and prelats, or the bestowing of the ecclesiasticall preferments. Wherefore 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. What should I speake of the Roman civill warres, and after them of the Germans, about the choice of their emperours? their bookes, their histories, and all their monuments, are full thereof. Wherein we cannot without iudignation and horror, remember the miserable wasting countries, the mutuall slaughter of citisens, and sacking of most noble cities, mischiefs still done either by the one side or the other.

And yet there is another inconuenience also, not to be omitted, which is, That kingdomes[*](The publike demaine most com monly dissipated or embeseled by princes electiue.) going by election, have nothing in them which at one time or other is not subiect unto all mens spoiles: so that euen the publike demaines, and such as before were common, and wherein euerie man had a common interest: we see them in a little time conuerted euen vnto particular mens vses: so as we see it to have happened in the demaine of Saint Peter 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

sonne: 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.[*](Nothing more intollerable than a man of base degree suddenly mounted up unto great honor.)

Another point there is also well worth the consideration, which is, That a man of base degree suddenly mounted unto the highest degree of honour, thinketh himselfe to bee a god upon earth. For as the wise Hebrew saith, There is nothing more intollerable than the slaue become a lord. And on the other side such is the feruent loue of the father toward his sonnes, that he will rather confound heauen and earth together (if he haue power so to do) than not to leaue unto them the crowne, but to let it rest in the voyces and choice of the ignorant people,

But let vs yet go further, for why these are not the greatest inconueniences. For[*](Another great inconuenience about the election of soueraigne princes.) where the people is to chuse their king, they must either make choice of a stranger, or of a naturall subiect: Now if choice bee to bee made out of the naturall subiects, then every the most impudent and audatious fellow will by all right and wrong seeke to aspire unto the soueraigntie: and if there bee many of them of equall power and[*](No accord where every man would be a lord.) grace, it is impossible but that there should be great factions, wherin the people should become partakers: or in case they were not equall, neither in vertue nor wealth, yet so it is that they would presume themselves to be equall, and neuer agree one of them to obey another, but wishing rather to endure the commaund euen of strange and wicked princes, than of another subiect their equall. As it happened in Armenia (as Tacitus 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; a decree was made whereby all the naturall subiects were embarred from obtaining of the kingdome: as I learned of the Polonian embassador, whom I was commanded to attend after they were entred into the confines of this kingdome, to conduct them unto 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, after diuerse murthers of the emperours of their owne country, oftentimes made choyce of strangers, yea and those right small princes: as of one 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 also[*](The imperiall crowne of diuers▪ strange princes refused.) the first king of Polonia, refused the kingdome of Hungarie, of Bohemia and Denmarke, being thereunto inuited by the Estates. So also Lewes the twelfth refused the

Seignorie of Pisa: and the antient Romans (as saith Appian) refused diuerse people which would have submitted themselves under their obeysance. But admit that the strange prince do not refuse a kingdome so offered him: which if it bee farre off from the bounds of his owne kingdome, hee must than either leaue his owne, or gouerne the strange kingdome by his deputies or lieutenants: both things absurd and inconvenient.[*](A strange kingdome hard to be gouerned by lieutenants or deputies.) For who is he so foolish that had not rather to looke to his owne things than to other mens? and what nation or people can with patience endure to be gouerned by deputies? so to have him whom they would not, and to want him whom they made choice of. So 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 with the greatest acclamations, and applauses of all men that might be: who yet shortly after, whether it were for that he found himselfe offended with the sharpnesse of the Polonian aire: or that he was allured with the pleasures and delights of Hungarie, or that he was by the vowes and requests of his owne people recalled: returned home, leauing his wife unto the Polonians (her countremen) with a traine of the Hungarians to attend upon her: where so it was that the Polonians mindfull of the Great 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 no meanes endure the gouernement of his deputies or lieutenants, but by voyce chose unto themselves a king: although that they could by no right or reason do so, but by the consent of 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: yea, and that by force of armes, if the nobilitie or people shall withstand him, whereof we have an example of the Emperour 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 French[*](Charles the fift about to have made his sonne Philip king of Germanie.) king most mightily withstood him, and so broken his designes. The occasion of Iulius 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 lieth draw all the profits, fruits, and reuenues of the strange kingdome unto his owne: and hauing taken away the voyces from the nobilitie whom hee hath in his power, shall appoint or cause them to chuse whomsoeuer pleaseth him to succeed him: as the kings of Denmarke, of Thunes, yea and the Germaine emperours also themselves by a custome of long receiued from their ancestors have used to do: in such sort as that the rights of elections by voyces, seeme to be vtterly taken away. So Ladislaus king of Bohemia, the sonne of Albertus, and the emperour Fredericke the third his nephew,[*](Kingdomes electiug oftentimes changed into hereditarie.) by the voyce of the people chosen king of Hungarie by a certaine bond of fealtie, left that kingdome unto his nearest kinsmen all most hereditarie. And albeit that 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 the cause of a most great and cruell warre for the kingdome of Hungarie: which could by no meanes be appeased: vntill that by all the degrees of the people of that kingdom it was decreed that it should from thenceforth be hereditarie: and that after the death of 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 [*](The Hungarians for the maintenance of their electiue right now fallen into the perpetuall sernitude and sla f the Turk.) than to endure the gouernement of the emperour 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 [*](Princes by election created still to be in great danger.) matter be to be tried by force, alwayes the most wicked and deceitfull: or else the most hardie and aduenterous, put all upon hazard to attaine thereunto: And if it hap the most vertuous to be chosen, his life is still in danger of the competitours being of greater power: as in Germanie it hath bene seene: where within this 360 yeares, since that Monarchie fell into election, there have bene eight or nine emperours slaine or poysoned,[*](Diuerse electiu emperours and princes murthred, or els shamefully deposed.) and among others, 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 Romane emperours after the death of 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,

no end thereof being to be found vntill that the rest were by the power of one all oppressed. Neither was there any assurance in the estate, if the sonnes either lawfull or adoptiue succeeded not their fathers without election, so as did Tiberius, Titus, Traian, [*](No assurance in the estate where the succssion is not established.) 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 the[*](The great care the good Roman emperours had for the certainti of the succession, lest after their death the empire should fall into the dangers ensuing upon election.) emperour Adrian 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 nephew 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 caused 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 sea---e being as then vacant, had many great princes competitors in the same; yet so it was that they deemed the grand child of Maximilian (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 that[*](Great regard had of succession, euen in kingdoms going by election.) the Bohemians, the Polonians, the Hungarians, Danes, and Tartars, will by no meanes suffer the election of their kings to bee taken from them; yet they thinke that their kings sonnes ought still in their choice to be preferred before all others, that so by the benefit of succession all the occasions of civill wars might bee preuented and taken away. For which cause Sigismundus 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, vntill that matter were determined. With which request howbeit that the Queene was much troubled; saying, That they would make her graue before she were dead: yet so it was that she promised them therein to follow the counsell and aduise of such as were the wisest in her land. For a kingdome going by succession still falleth into eelection when there is none left neere of kin, neither of the fathers side nor of the mothers;[*](Kingdomes going by succession how they sometimes fall into election.) in which case it is necessary to prouide before that the matter so fall out, whereas otherwise the estate is in great hazard to be quite ouerthrowne: as it happened unto the estate of Milan in the yeare 1448, after the death of Philip Maria the last of the ---eires male of the house of Anglerie, which in successiue right had holden Milan soure hundred yeares: when as the people seeing themselves in full libertie without any lord or soueraigne, resolued to maintaine a Popular estate: razed the castle Ioue,[*](The dutchie of Milan dismembred the line of the visecounties of the house of Anglerie failing.) burnt the last dukes testament, chose twelue Senators; and after that hauing made choice of 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 the right of his mother 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 duke prouided not for his successor as he ought to have done, in following that which was resolued and agreed upon at the treatie of the mariage made betwixt 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 himselfe[*](Whether the last of the royall stocke may by right adopt unto himselfe his successor.) his successor, except the nobilitie or people claime the right of the choice of their prince to belong unto themselves. For if the last prince of the bloud shall appoint no man to succed him, the soueraigntie is to fall unto the people. It beeing a common matter for Monarchies neuer to fall into election, but when the Monarch dying without heires hath not prouided a successor. For so the line of Charles 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[*](About what time the seuen princes electors were first appointed for the choice of the emperour. The error of thē which have thought the kingdome of France to have in antient time gone by election, reiected.) of the Germaines to have bene chosen emperour, and that not by the voyces of the people, but of the fiftie princes onely: and that electiue right to have beene at length conferred unto seuen of them who were thereof called the princes electors: and that to have happened about the yeare 1250. But let vs now come unto our owne histories. Many there be which have reported the kings of France in antient time to have bene created by choyce, and so that kingdome to have fallen into election: but all that vntruly. For why that must needs have bene done in the raigne of the Merouignes, or the Carlingues, or of the Capets.

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:

neither to have had any other kings but by the right of succession. And the same author in another place sayth, Theodebert the sonne of Theodoric and nephew ---o 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 estates, & to stop the mouths of such as were yet left of the house of the 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 Simple, from whom in the castle of Berone wherin he then was kept prisoner, 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 bloud of Saint 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 antient manner of the coronation of the kings of France.) Beauuois standing on both sides of the king, and lifting him up a little from his throne, and then turning themselves unto the people there present, demaund of them whether they will have that man to reigne over them or not: whereunto they giuing their consent, the Archbishop of Reims taketh his oath. So that they which write the kingdome of France to go by election, have had no further regard but onely unto the manner and forme of the chusing of the king (if it ought at all to bee called a choice) the manner whereof isyet to bee seene in the Librarie of Beauuois, and which I have also taken out of the Librarie of Rheimes, and deserueth well to be set downe at large, whereby it is to bee vnderstood, in what sort our kings have beene in antient time crowned.

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, whose profession was this, I 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, hee[*](The archbishops of Rheims pretend to have the choyce of the French kings.) put it into the Archbishops hands, &c. (Here are twentie Bishops and many Abbats by name reckoned up, and immediatly aster) The Archbishop taking the staffe of Saint Rhimigius, calmely and quietly declared, How that unto him especially belonged the choice and consecrating of the new king, euer since that Rhemigius baptized and consecrated king [*](This Iewes is rher to e calle Co ioues, otherse in ntient ti called Hndwich.) 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 of the Marquesse, the ambassadors of the Earle of Angiers, after them the Earls of Vandosme, Vermandoise, Soissons, and Auuerne: after that the souldiors, and people, as well the greater as the lesser, with one consent commended him, crying ---ut thrice aloud, 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 of Rheims, in the right of his neerenesse of blood, and not in the right of any election by voyces. Whereby 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 next of blood and name, it appeareth not onely by the authoritie of them whome wee have before noted, but yet more also by the cruell and bloodie warre, that was betwixt 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, so soone as he was but seuen yeares old▪ to be crowned king of Fraunce. Which yet was done without any forme of election at all: except perhaps, that some would absurdly say, The election of the kings to belong unto the archbiships of Rheims, as giuen them by the pope, mistaking the consecration, for the creation of them. Howbeit that the verie consecrating of them, properly belonged not unto the archbishops of Rheims alone: king 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 right made lawes concerning the estate of princes, binding the emperour to giue unto him the oath of fidelitie: chalenging vnto himselfe the power to depose him; as all other kings also. Howbeit that the bishops of Rome do themselves by their decrees confesse, the French kings to be altogether free from the popes obedience & seruitude: neither to acknowledge any one greater than themselves, next unto God. And that is it for which they say in this realme, That the king neuer dieth. Which auntient prouerb[*](How it is to be vnderstood. That the king neuer deth. ) sheweth well, that the kingdome neuer went by election, & the kings thereof hold their scepters neither of the pope, neither of the archbishop of Rheims, nor of the people, but onely of God alone. And I remember a lawyer, a most famous pleader of his time, who to serue the cause he had in hand, said in his pleading, That the people of Fraunce had giuen the power unto the king: alleaging therefore the words of the great lawyer 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 knoweth, pleaded cause in that court. But yet this is made more plaine by the solemnitie commonly used at the kings burials, where the kings garments, weapons, scepter, and armes, are so soone as the king is buried cast away; an herauld at armes with a loud voyce proclaiming thrice, 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 amongst the Bohemians, the Danes, and Polonians, but yet not before that another king be by voyces created.

But now those daungers which we have said to follow the election of a prince, belong[*](Election no lsse daungerous unto the electors, than vo the kings and soueraigne princes themselves so elected.) not more unto the kings and princes themselves, than unto them that chuse them: for if the king be to be chosen by the voyces of the whole people, all must needs be full of seditions, factions, and murders. But if the nobilitie, or some other estate onely, shall chalenge unto themselves alone the right of chusing of the prince, the rest of the estates will grudge and repine thereat, that which is of right due to all, to be giuen to some few.[*](Election of princes btter to bee made by some few, than by many.) yet could nothing be deuised more commodious or expedient for the auoiding of the factions of the seditious, and of civill warres, than to take from the multitude of princes and magistrats, the election of the soueraigne prince or king, & to communicat it with some few. For so the German princes (who in auntient time were fiftie foure, and now almost foure hundred) have giuen all the right of their voyces, for the chusing of the emperour, unto the seuen Princes Electors. Neither yet in so great fewnesse of them, doe they still well agree, but sometime being at discord among themselves, have chosen two emperours at once: as namely Albert 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, for the great dissentions and factions of the mightie, differred the election of the next pope three yeares▪ and in fine chose the archdeacon of Leedes▪ who was then gone to Hierusalem, and was afterwards called 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:

for they mure up the twentie foure electors, before nominated by the knight, without [*](The strait order obserued in chusing the Grand Master of the knights of Malta) either meat or drinke, who must chuse one who is not of that number of the twentie foure, and that within a short time limited them. There have bene seene also such factions, suits, and murders, to have happened in this realme, about the election euen of the inferiour bishops, as haue oftentimes troubled the state euen of the most famous cities, and wherein he that was the most vitious and ignorant most commonly carried away the matter: than which no greater cause seemeth to have beene, wherefore the voyces for the chusing of bishops have bene taken from the colledges of priests and monkes, and giuen to princes: as the Chauncellour 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, are drawne out by lot.

And yet neuerthelesse the onely colour that men have to maintaine election, is to[*](Euill men more commonly preferred than the good, where men are by election promoted.) say, That the more worthy men are so chosen to be emperors, popes, bishops, and prelats. Wherein I referre them vnto the histories of all ages, which will say the contrarie: and that there haue seldome bene more vicious and wicked men, than were the most part of them who were by choyce and election preferred; which wee need not now by examples to verifie: but thus much onely I say, that if the right of succession had taken place, Nero, 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 (as by the lawfull right of succession) obtained the empire, should have beene excluded. But were it so that the better princes were still to bee chosen by the suffrages and voyces of the nobilitie, or of the people, or of other the wiser sort: yet so many and so great inconueniences are on every side attending, as that it were better to want good princes (howbeit that we cannot by this meanes have them) than to have them with so great daunger of the subiects created and chosen, especially so long as the right of succession may take place. But the line of the monarchs fayling, and the right deuolued[*](A good meanes, the line of Monarchs failing, to preuent the dangers still attending upon election.) unto the estates: in this case it is much surer to proceed by lot, hauing made choice of the most worthiest persons, or of such as be equall in nobilitie, or in vertue, or in power, to the end that one of them may be drawne by lot, rather than to enter into tearmes of election: prouided that the name of God be first called upon, in following the forme of the auntient Hebrewes, who still said, Lord God direct thy lot, to the end that all sorcerie and witchcraft may be from hence absent. So the great Prophet 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 [*](Some kings first chosen by lot, & yet their children to have obtained their kingdomes as by a successiue right.) the lot fell upon 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 election, or lot. So the seuen great princes of Persia, 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,[*](The successiue right of the eldest sonne, common to al people) but that the neerest of kin unto the soueraigne monarch succeed him also: my meaning is, among the males, and those of his name, which is (to speake properly) the elder, as the first descended of him. For so the order of nature willeth that the elder

should goe foremost next after the father, and that the rest should every one of them follow in their degree, and so by consequence, that he should be preferred before the others. And this law a man may say to be naturall, and such as hath beene alwayes almost to all people common. For so said 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 was the eldest. And so 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 first borne. And so alwayes when men would force and violat this naturall successiue right, great troubles and civill warres have thereof ensued: as it happened for the kingdom[*](Great troubles to have still arisen, where the naturall successiue right of the eldest hath bene violated, and the yonger brother preferred.) of Alba, inuaded by 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 unto the law of nations (as saith 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 had the sharpest sword; meaning thereby the most valiantest of them: yet the people after his death preferred the eldest, although vnfittest for warres. For whatsoeuer valour, courtesie, beautie, or wisdome there be in the yonger more than in the elder; yet should not the father therefore, contrarie unto the law of nations, preferre the younger before the elder: howbeit that the exteriour forme and feature of the bodie hath deceiued many. Foolishly therefore do those parents, which ouercome with the flatterie of their younger sonnes, and disinheriting the elder of their kingdomes, have incensed their children most cruelly to murther one another: so as did the father of Atreus, [*](Great murders & civill warres to have ensued, for hauing preferred the yonger brother before the elder.) and 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 their children, so to bestow the kingdome upon him whom the starres seeme to favour most: as did 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 to haue kings that be not deformed. Wherunto 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.) law of God hath decided this doubt, commanding the yonger not to be preferred before the elder, for what loue or favour soeuer. Which is not onely to take place when question is of the right of the elder, but also when the next heire male of the fathers side is to succeed unto the crowne, albeit that he bee deformed. For one ought not for one inconuenience to break so good a law, or to open a gap so dangerous vnto Monarchies: which to be so the estates & people of Hungarie shewed by a most[*](A notable example.) notable example: contrarie unto the will & disposition of 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.

In like case Agesilaus, a lawe dwarfe, hauing by the meanes of Lysander a prince of the same bloud excluded 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.[*](Whether a kingdome ought to descend unto the yonger sonne borne whilest his father was king: or to the elder, borne before his father had obtained the kingdome.)

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 before the kingdom of Persia fell unto him: which iudgement was yet grounded upon equitie: For that the kingdome was but lately fallen, not by any successiue right, but euen by lot or rather as it were by chance unto 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 read in our histories him to have left behind him none but his onely sonne 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 by right of succession, cannot pretend any right to the crowne, although he be the eldest or neerest of kin: but if he be enabled to attaine thereunto by lawfull succession, the kingdome of right belongeth unto him, how be it that hee were not the soone of a king. As was obserued in the kingdome of Persia whereinto 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 kingdome, was by the consent of all the estates proclaimed king: which neuer after was called in doubt, in what kindome soeuer. Whereas otherwise there would ensue many intollerabe absurdities: for if the king should leaue but one sonne borne before that he was king, he could not succeed him. But yet whereas we have sayd, The soueraigntie to be due to every one that is next of kinne; extendeth farre, not onely unto them who the eldest being dead come in stead of the eldest, but vnto their infinit posteritie also. For so 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

succeed him in the same.

But it may de doubted if the grandfather yet reigning, the eldest sonne shall die leauing[*](Whether the elder brothers son (his father being dead before he was king) be to succeed into his grandfathers kingdome before his vncle, his grandfathers yonger sonne.) a sonne, the grandfathers nephew; Whether the kingdome be due unto the next brother or to the nephew, who is one degree farther off. upon which question many have resolued it to be due unto the next brother. And indeed Scipio 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.) have ofted in antient time beene vndertaken among the Germaine princes: which was the onely cause that stirred up 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 him[*](The manner and order of the succession of the kingdome of Moscouie.) shut up in perpetuall prison. And euen yet at this present the kingdome of Moscouie is alwayes giuen unto the yonger brother, after the death of the grandfather, without respect unto the children of the elder brother: and that more is, the yonger brother succeedeth in the kingdome unto the elder brother, although the elder brother being king leaue behind him a sonne yet under age: For so Basilius 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; which he obtained not so much by his grandfathers will, as by the antient law of almost all the Nomades and Northren nations.

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 and bloudie warre. And so (as we sayd) 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

by Aeneas but not Ascanius. But not fewer, yea and I know not whether moe nephews to have obtained their grandfathers kingdomes, their vncles yet liuing, according to the antient law of the Lacedemonians. As for 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 second, king of Naples (whose father by the sentence of the Pope had ouercome his elder brothers sonne) when question was betwixt the vncle and the nephew for the countie of S. Seuerine, by the councell of the lawyers gaue sentence on the nephews side. The like sentence was giuen by the iudges of the court of Paris betwixt the heires of 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 in Germanie; and the vncle to have bene ouercome by their brothers sonnes. But the nephew of 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 auaileth[*](Reasons for the succession of the nephew before his vncle.) that his father being dead he falleth into the power of his grandfather, & so is made his heire by the law of the twelue tables: and together with his vncles is admitted into his portion of his grandfathers inheritance, he dying intestat. And if the father substitute an heire unto his sonne, that substitution ceaseth if the sonne beget children, onely upon the coniecture of the fathers kind affection towards his sonne, as Papinian the lawyer hath answered. Yea, by the Roman lawes, brothers sonnes are admitted unto their vncles inheritance: but then how much more true and iust is it for them to bee admitted unto the inheritance of their grandfathers? That is also moreouer, that by the antient customes of Fees the nephew may by right receiue the whole benefit, his vncles being quite excluded. But no reason is more effectuall, than that an inheritance neither entered upon, neither so much as yet fallen, is not onely deriued from the grandfather to the nephews; but euen the verie vncertaine hope of a matter in trust being so but under a condition conceiued.

Neither yet for all this is the vncles cause on the other side altogether without reason,[*](Reasons for the succession of the vncle before his nephew.) if a man will but more neerly looke into these matters, and without guile interpret the law of the twelue tables. For why this law still admitteth the nearest of kinne vnto the inheritance: but now the sonne is nearer unto the father than the nephew, who but by a false supposall and fiction is deemed to be the same person with his dead father. But admitting that a faigned supposall is in some cases to bee borne withall: yet seemeth it not reason that such a false fiction should preuaile against the truth, especially unto another mans harme or preiudice of his right. Neither doth the kindnesse of nature suffer the sonnes to be spoyled of their fathers wealth and goods, that all might be giuen unto the nephew, who is farthest off from the grandfather: which must needs be not onely in the obtaining of a kingdome, but also of a dukedome, or of an earledome,

or of an indiuisible fee, by reason of that imaginarie fiction whereof wee have spoken, the nephew to be supposed to represent the person of his dead father. And so farre it was from that the Roman lawes should suffer the sonnes to be disturbed by the nephewes, as that things committed euen but upon trust come not unto the nephewes before that all the sonnes one of them substituted unto another, be dead. But admit that the sonnes, contrarie unto the lawes both of nature, and of the Romans, may be disinherited, that so way may be made for the nephew (which we see in indiuisible succession to be still done) yet is it an vnreasonable, and vniust thing, an infant, a child, or one under age, of no experience in matters of warre, or in the other civill and weightie affaires of the Commonweale, to be called unto the soueraigntie of a kingdome; and another neerer than he, that excelleth both in yeares and wisedome, to be in the meane time debarred of his fathers kingdome. For which reason the lawyers have giuen the tuition of the fathers enfranchised slaue unto the vncle, the nephew being excluded: but by how much more then is the tuition of the kingdome to be committed unto the vncle, rather than vnto the nephew? And last of all so it is, that vncles unto whom the tuition of their yong royall nephewes is almost still committed, commonly thinke of nothing else, but of the murthering and killing of them: whereof innumerable examples (and yet not all) are in histories reported, all which if I should goe about to gather together, I should so become tedious. Besides that, it is in sacred writ set downe, [*](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 case often giuen, have called me backe from this opinion. For those inconueniences which we have spoken of, happen but seldome: which being such, the lawmakers are not greatly to respect. For if we would rehearse all the kings of Fraunce euen from the time of 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 the more curiously reasoned of, for that succession of the kingdome of Fraunce, which seemeth to be euen neere at hand. But if cosin Germans, or the vncle and the nephew, shall in the right of themselves without any fained supposall of representation, lay claime unto the crowne of a king their kinsman, dead without heires male, be it that they were fiftie degrees off, yet he that is descended of the elder, albeit that hee were himselfe the younger, shall carry it away from the elder: as it may and hath oftentimes enow happened in this realme. And yet neuerthelesse in particular successions in collaterall lines, they shall equally diuide the diuisible inheritance into parts: but if the inheritance be indiuisible, the elder of the two in like degree is to bee preferred before the younger, and to enioy the right of his eldership, albeit that the younger bee descended from the more auntient auncestors: as was adiudged in the court of Paris, betwixt 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

wisely appointed. For otherwise if a Monarchy be divided, it is no more to be accounted [*](That a kingdom how great soeuer is not to be divided, but to be wholly giuen to one without partition.) a Monarchy, but rather a Poliarchy, or Monarchy divided into many Monarchies. Which was not by the law Salique with vs (as some suppose) prouided for, or fooreseene. For we find that 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 quiet from civill warres. For which it was wisely prouided by the successors of 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 of[*](Three things of great consequēce ordained for the maintainance of the kingdome of France in the greatnesse therof.) Fraunce, from all entrance unto the kingdome, not allowing them so much as to be accounted in the number of their naturall children: that so from thenceforth they might thinke of the begetting of lawfull children, their base borne children being now quite excluded from the crowne. Howbeit that it was permitted unto the bastards of other princes of the blood, and of other noble houses, to be by their fathers auouched, and to beare the name, the armes, the stile and noble titles of their naturall fathers: prouiding also better, by taking away of the masters of the palace, whose power was now become dreadfull unto the people, and daungerous unto the kings. Secondarily they ordained all the soueraigne royall rights, to be wholly and entirely giuen to the eldest brother alone, and from thenceforth not to be communicated with the younger brethren, but to be all enforced to yeeld vnto their elder brother all obedience and fealtie. And lastly, that such lands as by the kings appointment were assigned unto the kings sonnes, to be holden in fealtie, they dying without heires male, should againe freely returne unto the crowne. And the kings sisters to have their dowrie in money onely: that so not onely the rights of soueraigntie, but euen the crowne lands also, might so much as possible was be kept whole & entire unto the eldest brother. And as for the bastards of France, we find them in former times to have had their parts in the kingdome together with the kings other lawfull sonnes: as the bastard brother of Charles 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 a[*](A Monarchy divided, no more▪ to be accounted a Monarchy.) Monarchy, no more than a crowne or robe divided into parts, is any more to bee acconnted a robe or a crowne: the inuiolat nature of unitie being such, as that it can abide no partition. Neither find we the auntient kings of Persia, Aegypt, Parthia, or Assyria, at any time to have divided their most great and spatious kingdomes: neither yet any other kings to have used any such partition of their realmes. Iosaphat 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 were chaunged into Aristocraties. And yet two inconueniences propounded, it is better[*](To diuide a kingdome, a thing dangerous) two kingdomes to be giuen unto two kings, than one kingdome to be giuen to many: as it hath sometimes happened, the father to have divided unto his sonnes diuers kingdomes, before they were into one vnited: for so 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, as could not afterward be quenched, but with much blood of the subiects. Yet[*](How the diuision of kingdoms may be borne.) this diuision of kingdomes is well to bee borne withall, when it is made by him which hath conquered them, who may giue his conquests got by his owne prowesse and valour, unto his yonger sonnes, as he seeth good, according to their age or deserts: leauing yet still unto the eldest, the auntient kingdome or territorie: as did 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 but a yerely pension: and yet for all that 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 albeit[*](That a new conquered kingdom with all the soue raigne rights thereof, is better left wholly unto one, than to be divided among many.) that this disposition of the Conquerours was right iust, as grounded both uppon reason and authoritie, yet had it bene much more saftie, to have left the whole kingdome, and all the soueraigne rights thereof unto one alone: as was done amongst the children of Charles 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 legitimat children, which are not to have place, where question is of soueraigntie, or of demaines vnited to a Monarchy. For if honourable fees be not to be divided, by how much lesse can kingdomes themselves, and soueraigne rights so bee? As dukedomes, counties, and marquisats, yea and in many places baronies also, are not suffered to fall into partition: prouided yet that the yonger brethren bee in some sort recompensed: which recompensing is not in a Monarchy, which suffereth neither diuision nor estimation to take place. But well of long time the vse hath bene, to giue certaine lands[*](How the kings younger sonnes are prouided for in Fraunce.) and fees for the maintainance of the younger brethren of the house of Fraunce: which have bene again adiudged unto the crowne, they which had them being dead without issue: as was decided for the inheritance of 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 without heires male, those lands unto them so giuen should againe returne unto the crowne: as was done in the graunt of the lands giuen to 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 point sometime favour the princes of the blood, suffering them to enioy the inheritance of their kinsmen, dying without heires male. So 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 he most entirely loued. And so 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 their father purchased. All which was done to the intent so much as was possible, to keepe the kingdome vndivided, and so to come whole and entire unto the kings, and not rent and torne, with the parts thereof as the limmes pluckt away: as it hath also bene wisely foreseene, and prouided for, in the dutchies of Sauoy, Milan, Loraine, Mantua,[*](The reason why women inherit not land▪ by thei auncestors descending unto them, which lands sometime belonged unto the crowne of Fraunce.) and Cleue, which indiuisibly belong unto the next of kin. And albeit that the German princes do equally diuide all the fees of the empire, excepting the princes electors, yet is that contrarie unto the custome and manner of their auncestours (who as 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 sent from him whilest he himselfe yet lived.

But haply here some man may say, it to be expedient if the Monarchie be great, as[*](Great kingdome and monarchies, not to be with any safetie divided into many.) were those of the Persians, the Romans, the Frenchmen, and the Spaniards; and that the prince or monarch have many children, or that there be many competitors, that then the surest way is to diuide it: so as did Augustus, 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

mountaines so high, no riuers so broad, nor seas so deepe, that were euer yet able to stay the course of their ambitious and insatiable desires: as these three great men of whom I but euen now spoke, by proofe shewed: not onely the island of Sicilia (although it were but a most strait prouince) but euen the ayre which we breath, together with life it selfe, being taken from 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 to be drawne into examples for vs to imitate: whereas to the contrarie for one example of them, which have in unitie and concord gouerned together, there are to be found an hundred which haue massacred one another. Whereof there is no more notable example, than the mightie 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 the[*](Soueraigntie admitteth no partnership.) little isle of Gerbe, six kings have in lesse time than fifteene yeares beene slaine one of them by another, being not able to endure a companion or partaker one of them with another in the soueraigntie. And albeit that Galeace the second, and Barnabas, two most louing brethren, brought up euen from their cradles together, hauing oftentimes endured like daungers; being both banished, and both at one and the selfe same time called home againe, and both two established lieutenants of the empire, and alwayes companions in armes together; had equally divided the principalitie of Milan betwixt them, which they so held and defended, as that it seemed a thing impossible to seperat them a funder: yet at length 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 alone raigne in Aegypt. The successors of 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 of the blood are all subiect, being prouided of yearely pensions, or lands giuen them for their maintenance; it is certaine, that to have alwaies some farther favour from their soueraigne, they will still yeeld them more obeysance. And therefore our kings which[*](Places of too much power and command, not to be committed unto princes of the blood, or otherwise great lords.) have bene better aduised, have not giuen unto their brethren, or the princes of the blood, the places of lieutenants generall of their armies, either of the high constable: but rather unto some other of the meaner nobilitie, such as were 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 without all hope of aspiring to the soueraigntie. So as did the auntient Romans, and namely 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 auntientest[*](A right strange custome vsed among the Aethiopians.) in the world) there is no prince of the blood, which commeth neere the court, but are all trained up in all honour and vertue, within a most strong castle, built uppon the mountaine Anga (one of the highest in all Affrike) kept with a perpetuall & strong garrison: from whence at such time as the king dieth, he which excelleth the rest in vertue, is from the mountaine called unto the kingdome. Which (as they say) was first ordained by one Abraham king of Aethiopia, by diuine reuelation, to auoid the factions and civill warres of princes among themselves; as also the massacres which oft times happen in other kingdomes, about the soueraigntie; as also to have alwaies princes of the blood roiall, whome they call 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 a[*](Master of the forces, master of the estate.) man may hold it for a maxime, That in every Commonweale, if too much power be giuen unto a prince or great lord of the blood, it is alwayes to be feared, least he should at one time or other ceize upon the estate; seeing that euen the basest companions mounted unto hie degree, are not without cause to be feared. So Sultan 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: and an infinit number of others, who exalted from most base degree, have driuen out their maisters by whome they grew, and so made themselves lords. Who would have thought that 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 by commission, to the intent that no gap by any way be opened for the subiect to enter by into the soueraigne estate of his prince.

We have said also, that a Monarchy ought to descend unto the heires male, considering[*](That a Monarchy, in the opinion of the author ought to descend onely unto the heires male.) that the rule and government of women, is directly against the law of nature, which hath giuen unto men wisedome, strength, courage, and power▪ to commaund; and taken the same from women. Yea the [*](Genes. 3.) law of God hath expresly ordained, That the woman should be subiect unto the man, and that not onely in the government of kingdomes and empires, but also in every particular mans house & familie: he [*](Esay. 8.) threatning of his enemies, To giue them women to be mistresses over them; as of all miseries and calamities the worst. Yea and the law it selfe forbiddeth women all charges and offices proper unto men; as to iudge, to sue, and other such like things: and that not onely for lacke of wisedome (as saith 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 to[*](This French opi nion is by the examples of many worthy women, and experience of their most happy governments so fully refelled, as that there needeth no further reasons to be vsed, to proue the contrary.) Philip 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 affaires, belonging properly unto men: much more vnseemely is it, those things which belong unto soueraigntie, to lie open unto womens pleasure. For first the woman unto whome the soueraigntie is deuolued, of these two things must doe one; either shee must marrie, or else continue vnmarried, and so her selfe rule. If shee shall marrie, yet is it stil a Gynecocratie, or womans government; for that the marriage is made with that condition, That the soueraigntie is still with the woman, and not with the husband: as was expresly excepted at such time as 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 womans[*](All these dangers with many mo incident vnto womens soueraigntie, are and have bene right well auoided and preuented, by the wisedom of worthy women, who with no lesse discretion▪ than many men, have maintained the maiestie of their soueraigntie, with the reputation of their sexe.) soueraigntie) the Commonweale must needs so be in great daunger: For that the people being of a great and couragious spirit, will deeme a womans government but ignominious, and not long to be endured; some both by their speaking & writing, scoffing and deriding their sexe, othersome their womanly wantonnesse, and others their womannish intollerablenesse: whereas nothing is more daungerous unto an estate, than to have them which beare the soueraigntie contemned and derided of their subiects, of the maintenance of whose maiestie, dependeth the preseruation both of the lawes, and of the estate, which should bee troden under foot for the womans sake, against whome there shall neuer want mockings, reproaches, slaunderous libels, and so in fine rebellions & civill war, especially if she (impatient of such vnworthy reproach)

shall seeke to bee thereof revenged, which can hardly without civill tumult bee done. But if she shall chance to beare but the least extraordinarie fauor to any one of her subiects, beside the enuie which he is to endure, to whome such favour is showne, men will still on her part misconster the same. For if the wisest, and most chast have euen in that respect had much adoe to keepe themselves from false reports, much lesse can a soueraigne princesse cover her favours; no more than can a light firebrand set upon an high watch tower: which may serue for cause enough to kindle the fire of iealousie among the subiects, and to arme them one of them against another▪ Besides that, it is almost naturall unto women, to take pleasure & delight in the number and quarrels of their suters. But if the subiects be so minded, as by force or otherwise to suffer in the soueraigne estate a womans government, then is it not to be doubted, but that euerie one of the subiects shall be constrained to endure the like in their owne priuat houses also. For it[*](What▪ so is good in publike, is alwayes good in particular.) is a rule in policie, that whatsoeuer thing is found good, and sufferable in publike, the same is to be drawne into consequence and example in particular. Which was the cause the Persian princes preferred a request unto Darius 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 [*](The euill examples of some few ought not to bee preiudiciall unto others that be good.) be; but so much the more if she be vniust withall, and not able to rule her owne immoderat lusts and desires. I suppose there is none which knoweth not what tragedies 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 of the blood (excepting one which escaped) and so by force held the soueraigntie, vntil that she was at last by the people her selfe also murthered. With like wickednesse also 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 gaue that kingdome to 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; as in the inuestitute made to Alphonsus king of Arragon, in the yeare 1455, and afterward to 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 and[*](The kingdoms of Hungarie, Polonia, Sweden, Norway, & Denmarke, Castile, Arragon, Nauatie, and England, to haue fallen into Gynecocraty, or womens soueraigntie.) Hedwige, 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 the favour of the nobilitie: who albeit that shee was one of the wisest princesses that euer were, yet did the estates of the countrey thereof complaine, and the people thereat grudge, complayning themselves, Neuer before to have endured a womans government. And whereas she alleaged 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 Castile after him belonged unto 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 right of his wife, the king of Nauarres daughter: whose daughter and heire 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 of England unto the house of Aniou in Fraunce: but that was after the death of [*](But what troubles ensued upon this intrusion of Stephen, and the wrongfull excluding of Maud, the Croni les will declare.) 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 of the daughter (as was he frō Isabel sister to Charls the Faire) was preferred before him, who was descended of the heirs male farther off. Which exposition for all that was reiected by the councell of France, as neuer to take place, but when heirs male of the same name and stocke, in what line and degree soeuer it were vtterly failed: & that the kingdome were in daunger to fall into election. And so albeit that the emperour 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 same kings three daughters to raigne ouer them: as that the said king himselfe was by the estates thrust out of his kingdome banished, and so afterwards also miserably died in prison. The Polonians also after the death of 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 [*](The inconueniences by the author supposed to ensue of a Gynecocratie, or womens soueraigntie.) assured successour) her husband must either be a straunger, or a subiect: if a straunger, hee will instruct the people in straunge lawes, in straunge religion, in straunge manners and fashions: yea and giue the honourable places and commaunds unto straungers also. But as for a subiect, the princesse would thinke her selfe much dishonoured, to marrie her seruant, seeing that soueraigne princes still make great difficultie to marrie a subiect. Ioyne hereunto also the iealousie that is to be feared, if shee shall marrie him whome she best loueth, reiecting the more noble and greater lords, who alwaies contemne them which are of base degree.

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 agreed upon betwixt 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 pretend any thing unto the crowne and soueraigntie of the realme, or other right whatsoeuer: and that the letters and mandates should be of none effect, if they were not signed by the queene, whatsoeuer signe or consent they had of her husband: and yet without which the consent of the queene should suffice. I have also learned by the letters of 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.

And albeit that a most gallant & mightie prince flourishing with kingdoms, wealth, youth, and friends, had married an old woman (for why, he seemed not to have married a wife) and such an one as by whome he was not to hope for any issue, yet could not the Englishmen patiently endure the Spaniards to set any foot into England, with whome for all that they had neuer before had any hostilitie, but had alwayes bene great friends. Yea the emperour 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. But the marriage made, shortly after aboue 18 hundred English men, for religions sake went out of their countrey, into voluntarie exile and banishment. And yet beside all this, the fame was, how that the English men had conspired at one and the very selfe same instant, to have slaine all the Spaniards: for that (as the report went) they under the colour of a marriage, and of religion, went about to aspire unto the soueraigntie of England. Neither was it to have bene doubted, but that the conspiracie of the English men had sorted to effect, or els that the Spaniards had effected their designes, and so taken unto themselves the soueraigntie, had not the death of the queene (very profitable for the kingdome) giuen an end unto the designes both of the one and of the others.

For neuer strange prince can be assured of his life, commaunding in a strange countrey,[*](The gree daungers strange prin ces commanding in a straunge countrey, are still exposed vnto.) if he have not strong guards, for the assurance of his person, and sure garrisons for the keeping of his castles and strong holds. For being maister of the forts, hee must needs be also maister of the estate: for the more assurance whereof hee must alwayes aduance straungers; a thing intollerable to every nation in the world. Whereof wee have a million of examples, out of which we will remember but one of our own: what time king 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 seruant of a straunge prince, shall chaunce to kill a naturall subiect in a strange[*](Small occasions serue to stirre up the natural people of any countrey against strangers dwelling amongst them.) countrey, or passe himselfe in any insolence, dannger by and by hangeth ouer all the straungers heads, the least quarrell that may be seruing to cut the strangers throats, if they be not all the stronger. As it happened in Polonia during the raigne of the daughter of 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 queene the inheritrixe and mistresse of Polonia, must with all the Hungarians her followers void the realme. But yet greater butcherie was there made of them of Austria, in Hungarie, when 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 the government of the kingdome of Hungarie: who was no sooner come, but that he was by the practise and commaund of the cruell queene Mother (whome hee least feared) slaine: which murder was with like crueltie also revenged, shee her selfe being by like treason by the gouernour of Croatia slaine, and her bodie throwne into the riuer. After whose death 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, where he was with great ioy and triumph receiued: but hauing no strong garrisons, no strong castles, nor cities to trust vnto, neither could by my intreatie (who foresaw what would afterwards happen) be persuaded so to haue; receiued such a slaughter and disgrace, as I cannot without much griefe remember the same. And to go farther, we haue examples of the Scots yet fresh in memorie, who for the space of seuen hundred yeares, had with the straitest alliance that might be, bene allied unto the house of Fraunce, and from thence receiued all the fauors that it was possible for them to hope for: yet when 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 to cast themselves into the lap of the English, and so to put themselves into the protection of them with whome they had not before so well agreed, than to endure to see the Frenchmen to commaund in their countrey: neither ceased they vntill that by the helpe and power of the English, they had driuen the Frenchmen againe quite out of Scotland. Neither are strange princes to hope, by reason to rule the desires of soueraigne princesses their wiues: from whom if they will seeke to be diuorsed, they must also banish themselves. For what prince euer bare himselfe more modestly, than did the wise emperour 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 we (said he) againe unto her restore her dowrie: which was euen the Roman empire, howbeit that he had the empire in the right of himselfe also, by the adoption of Antoninus Pius the father of Faustine.

And yet there is another daunger also, if the princesse heire unto a soueraigne estate[*](Neighbor princes iealous of the marriage o a soueraign princesse their neighbour.) be disposed to marry a straunger; which is, that the neighbour princes and people also, as wooers, enter into diuers iealous conceits one of them against another: & so striuing for another bodies kingdome, oftentimes turne the queene from marrying at all. Yea sometimes also seeking euen by force of armes to have her: as did the wooers of Venda queene of Russia, who hauing long ---ought who should have her, the victor thought at last by force to have obtained that which he by long sute and entreatie could not gaine: howbeit that she seeing no other remedie, but to fall into his hands, for despight drowned her selfe, chusing rather to loose her life, than by force to loose her chastitie. Neither are queenes marriages so easily made as are kings: for why, kings are oftentimes deceiued with painted tables, and counterfeits, marrying them by their deputies whom they neuer saw: whereas queenes will most commonly see the men themselves alive, talke with them, and make good proofe of them: yea and oftentimes refuse them also[*](Women commonly more curious in choice of their husbands, than are men in choyce of their wiues.) after that they have seene them. For neither would 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

so it was aunswered unto Henry king of Sweden, seeking the long ambassage of Iohn his brother, who now raigneth, to have married her: aunswer (I say) was made, That of al the princes in the world, there was none unto whome (next unto almightie God) shee was more in kindnesse beholden, than unto the king of Sweden, for that hee alone had requested to have had her for his wife, whilest she was yet a prisoner, and so out of prison to have brought her unto a kingdome: neuerthelesse to have so resolued and set downe with her selfe, neuer to marry any man whom she had not before seene. Which aunswere made also unto the archduke of Austria, suing unto her for marriage, in part brake off the hope which both of them had conceiued of marriage, both of them fearing in presence to suffer the disgrace of a deniall; and especially he, least he should be enforced with shame to returne home. As afterwards it happened unto Francis duke of Alanson, seeking to have aspired unto the same marriage, who although hee had twice passed over into England, and thought the queene by long and honourable ambassages, as it were affianced unto him, yet returned hee, fed up but with a vaine hope, and the matter left vndone.

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 her by escheat, or confiscation of the goods of the condemned; howbeit that such goods be a thousand times better, or more worthy, than the wiues fee brought in dowrie unto her husband: yet neuerthelesse do all such things in proprietie belong unto the husband, what lordship soeuer that it be, which is so fallen by escheat or confiscation: as also all fruits of dowrie▪ and the rights of patronage depending of the wiues dowrie: which we see to have bene used not of priuat men onely, but euen of kings also: as if a straunger shall marrie a queene, the profits of the kingdome shall belong vnto the husband, although the soueraigntie, and kingdome it selfe belong still vnto the wife. For so the interpretors of the law decide it, and that by the example of Isabella and Socina. Moreouer it is holden in law, That the wiues vassall ought to succour the husband before the wife, in case they be both of them in like daunger: all which is directly contrarie to such conditions, and lawes, as princes straungers are enforced to receiue from their wiues, being princesses inheritors. Besides that, honor, dignitie, & nobilitie, dependeth wholly of men, and so of the husband, and not of the wife: which is so true by the receiued customes and laws of all people: as that noble women which marrie base husbands in so doing loose their former nobilitie: neither can their children chalenge unto themselves any nobilitie by the mothers side: which 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, [*](The beginning of womens soueraigntie.) which thereof tooke beginning: for that they which had no male children, had rather their daughters should succeed in their lands and fee, than such as were not of their stocke and house, and especially the heires male failing, both in the direct & collaterall line: after which point so by them gained, they began to succeed also unto lands and fees in the right line, and were preferred before the males in the collateral line: which manner of inheriting was by little and little permitted to be vnderstnod, and extended also unto Honours, Dignities, Counties, Marquisats, Dutchies, Principalities, yea and at last euen vnto Kingdomes. Howbeit that by the lawes of Fees, women

were excluded from all succession in fee, although there were no heires male either in the direct or collaterall line, except it were so expresly set downe in the inuestiture of the fee. But the law Salique cutteth the matter short, and expresly forbiddeth, That the woman should by any meanes succeed into any fee, of what nature or condition soeuer it were: which is no late, new, or fained law, as many suppose, but written and enrolled in the most auntient lawes of the Saliens, the words of which law are these, 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 line, by way of [*](Representation is▪ when diuers children together represent their dead fathers person, and so in his right, together with their vncles succeed into their grandfathers inheritance) representation together called unto the succession of their grandfather, the women are still excluded. And yet if there had bene no law Salique, at such time as contention was for the kingdome of Fraunce, betwixt 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. That[*](Poore French shifts, for the auouching and proofe of the Salique law.) no man in that controuersie should vse the authoritie of forraine lawes; but that every man according to his right should interpret the law Salique. And why so if there had bene no Salique law at all? And howbeit that after the death of Lewes 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 most auntient letters, wherein the testator divided unto his sonnes his Salique land; which the judges interpreted to be his prediall fees, or reuenewes in land. Which was alwayes in Germanie obserued also, vntill that the emperour 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 people so effeminat, or cowardly, as under the colour of succession in fee, to endure that women should step into the soueraigntie: and yet lesse in Asia, and in Affrike, than in Europe. Howbeit that with whatsoeuer madnesse other princes and people have bene astonied, which have endured womens soueraigntie, yet have the Frenchmen (God be thanked) by the benefit of the law Salique, alwayes hitherto preserued themselves from this disgrace. For why, this Salique law which 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 the Faire, against whome the daughters pretended no claime unto the kingdome: but also in the time of Clotha---re, 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 ---ame blood and name, beeing a thousand degrees off, should sooner succeed unto the crowne and kingdome of Fraunce, than any woman much neerer. Which is not onely to take place in kingdomes, but euen in dukedoms and other principalities also, which have the marks and rights of soueraigntie belonging unto them. Which lawes also we see all people, excepting some few, to have alwayes before embraced. And so the princes of Sauoy, by the authoritie of this Salique law, have alwayes excluded the women from the government: for so wee read Constance the daughter of the duke of Sauoy, to have by 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; a---d amongst Monarchies, the Royall Monarchy to bee best: as also amongst kings them to excell which bee descended from the race and stocke of kings: and in briefe, that in the royall race the neerest of the blood is still to be preferred before the rest that were farther off: and that the soueraigntie (the female sexe excluded) ought to bee still vndivided. Let vs now also at last see how it[*](Iustice the foundation of all Commonweales:) ought to be gouerned, as whether by iustice Distributiue, Commutatiue, or Harmonicall. For why, the fairest conclusion that can bee made in this worke, is to conclude of iustice, as the foundation of all Commonweales, and of such consequence, as that Plato 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, or Lawyer.

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