The right of primogeniture, in succession to the kingdoms of England, Scotland, and Ireland as declared by the statutes of 24 E.3 cap 2. De Proditionibus, King of England, and of Kenneth the third, and Malcolm Mackenneth the second, Kings of Scotland : as likewise of 10 H.7 made by a Parliament of Ireland : with all objections answered, and clear probation made : that to compass or imagine the death, exile, or disinheriting of the King's eldest son, is high treason : to which is added, an answer to all objections against declaring him a Protestant successor, with reasons shewing the fatal dangers of neglecting the same.

(10.) The next Danger is, If no Successor should be Declared by the King and Parliament in regard of Foreign Princes.

* 1.1That Danger is likewise very well expressed in the Statute 25 H. 8. Cap. 22. To have been the cause of great Bloodshed in this Realm, and to be one of the Causes why the King de∣sired to declare his Successor by Act of Parliament; as appears in these words, viz. And sometimes other Foreign Princes and Po∣tentates of sundry Degrees, minding rather Dissentions and Discord ot continue in this Realm, to the utter Desolation thereof, than Cha∣rity, Equity, and Ʋnity; have many times supported wrong Titles, whereby they might more easily and facily, aspire to the Superiority of the same; The continuance and sufferance whereof deeply consi∣dered and pondered, were too Dangerous and Perillous to be suffered within this Realm any longer; and too much contrary to the Ʋnity,

Peace, and Tranquility of the same; being greatly Reproachable and Dishonourable to the whole Realm.

The not Declaring Edgar Atheling Successor by Act of Par∣liament in the Life of Edward the Confessor,* 1.2 let in the Foreign pretence of William the Conqueror; which if it had been done, 'tis probable that never any Norman Invador had dared to have set his foot on English Ground.

So 'tis probable the King of Spain had never been able to have seized on the Crown of Portugal, had not the Superstitious Portuguese inslaved their Blood Royal, to be Judged by the Pa∣pal and Episcopal Laws of Marriage and Succession, contrary to the Moral Law of God, whereby they left it in the Power of Popes or Bishops; if the Spaniard, or any other Papist Prince, would give or promise them Money, to Legitimate, or Illegitimate whom they would, and sell the Succession to the Kingdom at what rate they pleased;* 1.3 for as appears in that Ju∣dicious Author, though Anonymus who writes The interest of Princes, p. 95. The Case was this, Henry the Third Son of Emanuel, being according to the Papal Law, Heir to the Crown of Portugal, was accordingly Crowned Anno Dom. 1578. And being an Old Man, without Children, & sensible of the Disputes would arise after his Death about the Succession, erected a Ju∣dicature to hear and Determine the several Claims pretending to the same: Of which were Five, viz.

• 1. Don Antonio Son of Lewis, second Son of Emanuel.
• 2. Philip the Second King of Spain, Grandchild to Emanuel, by his eldest Daughter Isabella.
• 3. Philibert Duke of Savoy, Grandchild to Emanuel, by his second Daughter Beatrix.
• 4. Mary Dutchess of Rarma, eldest Daughter of Edward youngest Son of Emanuel.
• 5. Katherine. Dutchess of Brigance, youngest Daughter of Edward, youngest Son of Emanuel.

Of the Exceptions Declinatory Don Antonio might have made to this Judicatory.

(1.) That 'twas no Convention of Estates Elected by the People.

(2.) That the Judges were Elected by the King, who be∣came thereby Judge in his own Case; for King Henry was only the third Son of Emanuel, whereas Antonio's Father Lewis was second Son to Emanuel; so he being Son of Henry's elder Bro∣ther, Henry would be adjudged to restore the Kingdom to him, if the Judges were equal, and not of Henry's choosing.

(3.) That the Pope and Bishops were inequal Judges, they assuming the only Jurisdiction of Marriage and Succession, ac∣cording to the Papal Laws, who take Bribes, and Sell the Suc∣cessions of the Kingdom, and so become Judges in their own Causes; as 'tis well known in the Case of the Natural Son of Henry King of Castile, who bought a Legitimation of the Pope, and thereby excluded his Brother Peter born of a Canonical Marriage, after Peter had been admitted to the Throne, and acknowledged for King divers years.

(4.) That Pope Julius the Third put forth a Decree against the Promotion of Bastards, without the Assent of Don Antonio, or the people of Portugal, he ought not to be Judged by the Law of a Foreign Prelate, who thereby makes himself a Judge in his own Case.

The Reasons pretended why King Henry's Judges Adjudged Don Antonio Illegitimate.

• 1. Because he was a Bastard in Reputation, but what is this to the purpose? what the vulgar think, who are Educated, and blinded in Popish Superstition, and thereby neither under∣stand what Legitimation, or Illegitimation means; Judges of Legitimation ought to be Wise men, and not Fools.
• 2. Because when Pope Julius the Third, put forth a Decree against the Promotion of Bastards, Don Antonio sued to be ex∣empted, and thereby owned his Bastardy; and what is it to the purpose what a Foreign Pope, who ought to have no Ju∣risdiction in Portugal Decrees there, without the Assent of the People? or what Antonio did terrified with the superstitious fear of his Excommunications?
• 3. Because Lewis his Father declared him by his last Will and Testament his Bastard Son; To which it may be said, That it was Testamentum inofficiosum, against the Law of God, and against the Law of Nature, and void; and he himself was there∣in

• worse than an Infidel, to Illegitimate him, whom in the same Testament he acknowledges to be his Son.
• 4. Because Lewis never acquainted any of his Friends with his Marriage, nor told his Brother Henry in his Sickness. To which it may be said, Marriage or no Marriage, is a Mat∣ter of Law, and not of Fact; and Lewis being a Papist, under∣stood not what it was, but according to the Papist Laws, which are contrary to the Law of God: But 'tis manifest he acquaint∣ed his Friends, and Lewis himself, with what was Marriage and what was not; according to the Law of God, viz. Carnal Knowledge of the Mother, with whom he was not Prohibited to Marry by the Law of God, and begetting Don Antonio of her; besides Henry was no Competent witness in his own Case, of what his Brother told him or not.
• 5. Because the witness brought to prove the Marriage of his Mother with his Father, Confessed they were suborned there∣unto. To which may be said, These Witnesses prove them∣selves to be Witnesses Incompetent, and are of no value; for a suborned Witness will as well Swear false in his Recantation, as in his first Testimony; It being the common practice of wicked Persons to hire Knights of the Post, to testifie at first, the same which true Witnesses or other Lawful Probation have proved; and after discover they were suborned, to draw Suspi∣tion on the true Testimony. Too much of the same wicked practices, have been to dishonour the true Evidence, hath been given against the late Horrid Popish Plotters.

The Reasons alleadged by the other Pretenders to the Crown of Portugal.

• (1.)* 1.4The King of Spain, by his Learned Lawyers alleadged against the Dukes of Parma and Brigance, that he was Grand∣child to Emanuel; whereas the two Dukes were great Grand∣children, and he was Couzin German of the first Degree to Henry the present King in Possession, whereas they were only Couzin Germans of the second Degree; and so the next Degree of Consanguinity was to be preferred before a more remote Degree, and this the Civilians pretended to be a strong Argument in their Law.

• (2.) That when John the Base Son of Pedro, was Crowned King of Portugal, it was to the Injury of the King of Castile, the right being in him, as having then Married Beatrix, the Legitimate Daughter and Heir of Ferdinando King of Portugal, Legitimate Son of Pedro, and Bastard Brother to Ferdinando Father to Beatrix.
• (3.) Because Portugal was given away by a former King of Castile, in Marriage with one of his Daughters, contrary to the Law of the Land.

* 1.5The Duke of Parma pleaded by Farneso Bishop of Parma, That being Son of the eldest Daughter of Edward fourth Son of Emanuel, he ought to be preferred before the King of Spain, being but Son of a Daughter of Emanuel; and therefore he de∣riving from the Male Line, ought to be preferred before him who derives only from the Female.

* 1.6The Duke of Brigance pleaded his Cause himself, and against Spain alleadged the same as Parma did, and to Bar Parma, who was descended from the eldest Daughter, as himself was from the younger; Pleaded that Parma was an Alien, because an Italian, and he a Natural-born Portuguese.

The Duke of Savoy pleaded his Cause by Charles Renero, afterwards a Cardinal; but he being descended from a younger Daughter of Emanuel, as the King of Spain was from the eldest, he was presently excluded, as having no colour of Right.

Besides these Pretenders, Queen Catherine of France would have put in her Claim, as descended by her Mother from Alphonse; but the Claim being groundless, they denyed to re∣ceive it, and so the dispute remained between the King of Spain and the two Dukes of Parma, and Brigance; But King Henry dying while the business was in hot debate, and before he had decided the Controversie, the King of Spain making himself Judge in his own Case,* 1.7 seized on the Kingdom; which he, his Son and Grandson injoyed, near Threescore years after.

Had Antonio been allowed equal Judges, or the Law of God been the Rule of their Judgment, or had he been allowed to have pleaded the Law of the Land, and Custom of both Portu∣gal or Spain, for Natural Sons to succeed the Crown, he needed not have looked for more Examples of Natural Children, than

those from whom King Philip himself derived his many Spanish Kingdoms; and according to the Customs of Portugal,* 1.8 Don Antonio was on the Death of Henry chosen, and Crowned King of Portugal, at Lisbon their chief City, till Philip sent the Duke of Alva thither with a greater Army than the Portuguese had, put Don Antonio to flight,* 1.9 whom the People had Elected King, and within Seventeen Days subdued all Portugal. Don Antonio thereon flyes into England, where he is kindly received of Queen Elizabeth, as descended of English Blood, and of the House of Lancaster, and having entertained him here divers years, his Title of being right Heir to the Crown of Portugal, is so far approved by the Queen and Council,* 1.10 and the Prote∣stant Doctrine, That she gave leave to Sir John Norris, and Sir Francis Drake, to undertake an Expedition at their own pri∣vate Charges, requiring nothing of her, but a few Ships of War, who took along with them Don Antonio, the Heir of the Kingdom of Portugal, and of Souldiers Eleven Thousand, and of Seamen about Fifteen Hundred. And setting Sail from Pli∣mouth the Fifth day of April, they arrived at the Groyne of Ga∣lizia, whereof with great Valour they took first the Lower Town, and afterwards the Higher; and after Sailing towards Portugal, they met Robert Earl of Essex, who without the Queens leave, had put to Sea; after two days they arrive at Penycha a Town of Portugal, which they took, and left the Castle to Don Antonio. And from thence they march by Land towards Lisbon, Threescore Miles off; the Foot Companies led by Norris, whom Drake promised to follow with the Fleet, being come to the West Suburbs of Lisbon, they found no body there, but a few poor disarmed Portugals, who cryed out, God save King Antonio. The day following, the Spaniards made a Sally, in which Skirmish Bret, Caresly, and Carre, three stout Commanders were Slain; yet did the Earl of Essex drive the Spaniards to the very Gates of the City. And now having tar∣ried here two Days, and no likelihood of the Portugals re∣volting, which Don Antonio had hoped (but was not probable, that the strict hand of the King of Spain then in full Possession on them, should give them that Liberty) sinding fresh Supplies to come into the Town, their own Army Sickly, Victuals and Powder failing, and what was most of all, Sir Francis Drake not bringing the great Ordnance, as he promised; They de∣parted

from the Suburbs of Lisbon towards Caseais, a little Town, at the Mouth of the River Tagus, which Town Drake had taken this mean while; who excused his not coming to Lisbon, by reason of the Flats he must have passed, and the Castle of St. Julian Fortified with Fifty Pieces of great Ord∣nance. Near this Place, they found Threescore Hulks of the Hans-Towns of Germany, Laden with Corn, and all manner of Munition, which they took, as good Prize towards their Charges, in regard the Queen had forbidden them to carry Victual and Munition to the Spaniard. From hence they sailed to Virgo, a Forlorn Town by the Sea side, and Pillaging all along that Quarter, returned for England, having lost in the Voyage Soldiers and Marriners about Six thousand; yet not so much by the Enemy, as eating strange Fruit, and Distemper of the Climate; on which I shall only further observe, That King∣doms are not so easily got again, as they are lost, and that the Disinheriting of the Natural Heir of the Crown of Por∣tugal, was the cause of the seizure, and Conquest by the Spa∣niard of that Kingdom.

Foreign Princes, when the Successor is uncertain, will stir up so many antiquated Genealogies,* 1.11 that every one may pre∣tend a right to the Crown, and it hath been already mentioned, that there were no less than Five or Six to the Crown of Portu∣gal; no less than Ten Titles Foreign and Domestick in Scot∣land, in the time of Basiel and Bruce; and no less than Sixteen in England before the Death of Queen Elizabeth; and how far Papist Foreign Princes will go, when they have none nearer to draw Genealogies as high as the Man in the Moon, and when they have no substance to raise the Ghosts of Titles again from their old Purgatories, nor Kif nor Kin, to the last Possessors, appears by the next Example.

* 1.12Richard Hacket, was sent from the English Fugitives beyond Sea, in the Reign of Queen Eliz. to perswade Ferdinando Stanly E. of Derby, Son to Henry newly Deceased, to assume the Title of the Kingdom of England, by right of Descent from Mary Daughter to Henry the Seventh; and threatning him unless he undertook the Enterprize, and withal concealed him the Abet∣tor, he should shortly die in a most wretched manner: But the Earl fearing a Trap was laid for him, revealed it, and Hacket was thereon Condemned, and Executed for Treason; but this

Fellow's Threatnings proved not vain four Months after; for then the Earl being in the Flower of his Age, was miserably Tormented, and Vomited Stuff of a dark rusty Colour, being thought to be Poisoned or Bewitched; There was found in his Chamber, a little Image of Wax, with Hairs of the Colour of his Hair, which some thought was done on purpose that men should not suspect him to be Poisoned; his Vomit so stained the Silver Andirons, that it could never be gotten out; and his Body though put in Cere-Cloths, and wrapped in Lead, did so stink and putrifie, that for long time none could endure to come near where he was Buried, Bak. Hist. 402.

When good Correspondence between Queen Elizabeth and King James of Scotland, gave the Papists small hopes that ever he would prove an Instrument to restore the Catholick Reli∣gion, they begun thereupon to bethink themselves of some English Papist that might succeed the Queen; but finding none of their own Sect a fit Person, they fixed their thoughts on the Earl of Essex, who always seemed a very moderate Man, and him they advised to have some right to the Crown, by Descent from Thomas of Woodstock, King Edward the Third's Son. But the English Fugitives were for the Infanta of Spain,* 1.13 and de∣siring to set the King of Scots, and the Earl of Essex at odds, they set forth a Book which they Dedicated to Essex, under the Name of Doleman; but was written indeed by Parsons (Doleman's bitter Adversary) Cardinal Allen, and Francis En∣glefield; the Scope of which book was, to exclude from Succes∣sion all Persons whatsoever, and how near soever, unless they were Roman Catholicks; contending farther for the Right of the Infanta of Spain, as being descended from Constance Daugh∣ter of William the Conqueror,* 1.14 from Eleanor Eldest Daughter to Henry the Second, Married to Alphonse the Ninth King of Castile, from Beatrix Daughter to King Henry the Third; so if the Protestants will not take the pains to declare a Successor for themselves, 'tis plain the Foreign Papist Princes, will de∣clare one for them to the purpose; and first they declare for Religion, he ought not to be a Protestant, but a Catholick; Then for Blood, he ought not to be a Brittish, but a Foreign Blood. And in all Countries the Pope's Laws shall be a Salique Law, to exclude Protestant Blood from Catholick Dominions, and to intitle Catholick Blood to Protestant Dominions, so as

if Protestant Princes Marry with Catholicks, they must play all against nothing. Most Excellent Nonsence in the Papist Law of Successions.

Notes

• * 1.1

  10. Danger of Fo∣reign Princes.
• * 1.2

  William the Conqueror let in by not De∣claring Edgar Atheling Suc∣cessor.
• * 1.3

  Philip the Se∣cond of Spain, seized the Crown of Por∣tugal, by the not Declaring Don Antonio Successor.
• * 1.4

  Grandchild by a Daughter, and great Grandchild by a Son. Couzin Ger∣man of the first Degree by a Daughter, and of the Second by a Son.
• * 1.5

  Son of the eldest Daugh∣ter of the Son, and Son of the eldest Daugh∣ter of the Fa∣ther.
• * 1.6

  Alien, and Native Born.
• * 1.7

  King Philip Claimed his own Kingdoms from Natural Children, but would not al∣low it in o∣thers.
• * 1.8

  Don Antonio a Natural Son, Crowned King of Portugal.
• * 1.9

  Overcome by Philip, flyes to England.
• * 1.10

  Queen Eliza∣beth approves his Title as right Heir to Portugal.
• * 1.11

  Antiquated Genealogies used to be ra∣ked up by Fo∣reign Princes.
• * 1.12

  Hacket endea∣vours to raise a Papist Title to the Crown.
• * 1.13

  English Fugi∣tives seek to se•• up a Title for the Infanta of Spain, and to exclude all Protestants from the Crown.
• * 1.14

  Foreign Papist Princes will declare a Suc∣cessor for the Protestants, if they shall not declare one for themselves. Protestant Princes Marry∣ing foreign Papists, shall lose their own Kingdoms, but not gain theirs