the house of Yorke their was yet no question as appereth also by Stow in his chronicle vvho setteth downe how that after the said deposition of Richard the Archbishop of Canterbuty asked the people three tymes whom they would haue to be their king vvhether the duke of Yorke their standing present or not and they answered no and then he asked the seronde tyme if they vvould haue his eldest sonne the duke of Aumaile and they said no he asked the third tyme yf they would haue his yongest-sonne Richard earle of cambridge and they said no. Thus writeth Stow vvher-by it is euident that albeit this earle of Cabridge had married now the sister of Edmōd Mortimer by whom his posterity claymed afterward yet could he not pretend at this tyme her brother being yet aliue who after dying vvithout issue left al his right to her by her to the house of Yorke for albeit this earle Richard neuer came to be duke of Yorke for that he vvas beheaded bv king Henry the fift at Southampton as before hath 〈◊〉 said vvhile his elder brother vvas a lyue yet left he a sonne named Richard that after hym came to be duke of Yorke by the death of his vncle Edmund duke of Yorke that dyed vvithout issue as on the other side also by his mother Anne Mortimer he vvas earle of March and was the first of the house of Yorke that made title to the crowne So that the question now is whether after the deposition of king Richard Edmond Mortimer nephew remoued of Leonel which Leonel vvas the second sonne to king Edward or els Henry duke of Lancaster sonne to Iohn of Gaunt which Iohn vvas third sonne to king Edward should by right haue succeded to king Richard and for Edmond is alleaged that he was heyre of the elder brother and for Hēry is said that he vvas neerer by two degrees to the stemme or last king that is to say to king Richard deposed then Edmond was for that Henry vvas sonne to king Richards vncle of Lancaster and Edmond was but nephew remoued that is to say daughters sonnes sonne to the said king Richards other vncle of Yorke And that in such a case the next in degree of consanguinitie to the last king is to be preferred though he be not of the elder lyne the fauourers of Lancaster alleage many proofes wher of some shal be touched a litle after we haue seene the same practized in our dayes in France where the Cardinal of Burbone by the iudgement of the most part of that realme was preferred to the crowne for his propinquity in blood to the dead king before the king of Nauarre though he were of the elder lyne Moreouer it is alleaged for Henry that his title came by a man and the others by a vvoman vvhich is not so much fauoured either by nature law or reason and so they saye that the pretenders of this title of lady Phillippe that vvas daughter of duke Leonel neuer opened their mouthes in those dayes to clayme vntil some 50. yeares after the deposition death of king Richard Nay more ouer they of Lancaster say that sixteene yeares after the deposition of king Richard vvhen king Henry the fift vvas now in possession of the crowne cerrayne noble mē especially Richard earle of Cambridge that had marryed this Edmond Mortimers sister offred to haue slayne king Henry and to haue made the said Edmōd Mortymer kinge for that he was discended of duke Leonel but he refused the matter thinking it not to be according to equitie and so vvent and discouered the whole treason to the king wheruppō they vvere al put to death in Southampton within fowre or fiue dayes after as before hath bin noted and this hapened in the yeare 1415. and from hence foreward vntil the yeare 1451. and thirreth of the reigne of king Henry the sixt vvhich vvas 36 yeares after the execution done vppon these conspirators no more mention or pretēce was made of this matter at vvhat tyme Richard duke of Yorke began to moue troobles about it againe Thus say those of the house of Lancaster but now these of Yorke haue a great argument for themselues as to them it seemeth vvhich is that in the yeare of Christ 1385. and 9 yeare of the reigne of king Richard the second it vvas declared by act of parlament as Polidor writeth that Edmond Mortimer vvho had marryed Phillip daughter heyre of Leonel duke of Clarence and was grandfather to the last Edmond by me named should be heyre apparent to the crowne if the king should chance to dye without issue To which obiection those of Lancaster do answere first that Polidor doth err in the person when he sayeth that Edmond husband of lady Philippe was declared for heyre apparent for that his Edmond Mortimer that married lady Philippe dyed peacably in Ireland three yeares before this parlament vvas holden to witt in the yeare of Christ 1382. as both Hollings head Stow and other chroniclets do testifie and therfore Polidor doth erre not only in this place about this man but also in that in an other place he sayeth that this Edmond so declared heyre apparent by king Richard vvas slayne by the Irish in Ireland 12. yeares after this declaration made of the succession to vvit in the yeare 1394. vvhich vvas in deede not this man but his sonne Roger Mortimer heyre to him and to the Lady Phillip his wife vvho vvas declared heyre apparent in the parlament afore said at the instance of king Richard and that for especial hatred malice as these men say vhich he did beate against his said vncle the duke of Lancaster and his sonne Henry vvhom he desired to exclude from the succession The cause of this hatred is said to be for that presently vppon the death of prince Edvvard father to this Richard which prince dyed in the yeare of Christ 1376. and but 10. monethes before his father king Edward the third their vvanted not diuers learned and vvise men in Ingland that were of opinion that Iohn of Gaunt duke of Lancaster eldest sonne then liuing of the said king Edward should haue succeded his father iure propinquitatis before Richard that vvas but nephew and one degree further of then he but the old king vvas so extremly affectionate vnto his eldest sonne the blacke prince Edward newly dead that he vvould not heare of any to succede him as Frosard saith but only Richard the said princes sonne Wherfore he called presently a parlament vvhich vvas the last that euer he hold and therin caused his said nephew Richard to be declared heyre apparent and made his three sonnes then liuing that were vncles to the youth to vvitt Iohn of Gaunt duke of Lancaster and Edmond Langhly duke afterward of Yorke and Thomas woodstock duke of Glocester to sweare fealtie vnto Richard as they did And albeit Iohn of Gaunt al his life
after for keping of his oth that he had made vnto his father neuer pretended any right to the crowne yet king Richard knowing vvel the pretence that he and his might haue vvas stil afraid of him and sought infinite meanes to be rydd of him first by perswading him to goe and make vvarr in Spaine vvher he thought he might miscarry in so dangerous an attempt and then offering to giue him al Aquitaine if he vvould leaue Ingland to goe liue there as he did for three yeares vvith extreme peril for that the people of Aquitaine would not receaue him but rose against him and refused his gouerment and vvould not admitt him for their Lord but appealed to the king vvho also allowed therof and so vvhen Iohn of Gaunt came home into Ingland againe kinge Richard thought no better way to vveaken him then to banish his sonne Henry duke of Herford and so he did And besides this the said king Richard practised also by diuers secret drifts the death of his said vncle the duke of Lancaster as Walsingham witnesseth and vvhen the said duke came at lenghte to dye which vvas in the 22. yeare of king Richards raigne he vvrote such ioyous letters therof as frossard saith to his father in law the sixt Charles king of France as though he had bin deliuered of his chiefest enemy not immagining that his owne distructioÌ„ was so neere at hand and much accelerated by the death of the said duke as it was And these vvere the causes say the fauorers of the house of Lancaster why king Richard caused this acte of parlament to passe in fauour of Roger Mortimer in preiudice of the house of Lancaster and not for that the right of earle Mortimer vvas better then that of the duke of Lancaster And this they say is no new thing for princes often tymes to procure partial lawes to passe in parlament for matter of succession according to their owne affections for the like say they did Edward the third procure in the fauour of this Richard as before I haue shevved in the last parlament before his death and afterward againe king Richard the third vvith much more open 〈◊〉 caused an act of parlament to passe in his dayes vvherby his nephew Iohn de la pole earle of Lincolne sonne to his sister Elizabeth duchesse of Suffolke vvas declared heyre apparent to the crowne excluding therby the children of his two elder brothers to vvit the daughters of king Edward the fourth and the sonne and daughter of Georg duke of Clarence vvhich yet by al order should haue gone before their sisters children And like facilitie founde king Henry the 8. to get the consent of two parlaments to giue him authority to appointe what successor he would of his owne kynred by which authority afterward he apointed by his testament as in an other place shal be shewed that the issue of his yonger sister mary should be preferred before the issue of his eldest sister Margaret of Scotland A like declaration was that also of king Edward the sixt of late memory vvho appointed the lady Iane Gray his cosen germane remoued to be his heyre and successor in the crowne of Ingland and excluded his owne tvvo sisters the lady Mary and the lady Elizabeth from the same but these declaratioÌ„s make litle to the purpose vvhen right and equity do repugne as these men say that it did in the fore said declaratioÌ„ of Roger Mortimer to be heyre apparent for that they hold and auow the house of Lancaster to haue had the true right to enter not only after the death of king Richard the second as it did but also before him that is to say immediatly vppon the death of king Edward the third for that Iohn of Gaunt vvas then the eldest sonne which king Edward had lyuing and neerer to his father by a degree then vvas Richard the nephew About vvhich pointe to wit vvhether the vncle or the nephew should be preferred in succession of kingdomes it seemeth that in this age of K. Edward the third there vvas great trouble and controuersy in the world abroad for so testifieth Girard du Haillan Counceler and secretary of France in his story of the yeare of Christ 1346. vvhich vvas about the middest of king Edwards reigne and therfore no maruaile though king Edward tooke such care of the sure establishing of his nephew Richard in succession as is before related And much lesse maruail is it if king Richard had stil great ielosy of his vncle the duke of Lancaster and of his ofspring considering how doubtful the question vvas among the wise and learned of those dayes For more declaration vvher-of I thinke it not amisse to alleage the very vvordes of the foresaid chronicler with the examples by him recited thus then he vvriteth About this tyme sayeth he their did arise a great and doubtful question in the world whether vncles or nephewes that is to say the yonger brother or els the children of the elder should succed vnto realmes and kingdomes vvhich coÌ„trouersy put al christianity into great broyles and troobles For first Charles the secoÌ„d king of Naples begar of Mary his wife Queene and heyre of Hungary diuers children but namely three sonnes Marrel Robert and Phillip 〈◊〉 dying before his father left a sonne named Charles vvhich in his grandmothers right vvas king also of Hungary but about the kingdome of Naples the question vvas vvhen king Charles was dead who should succeed him either Charles his nephew king of Hungary or Robert his second sonne but Robert vvas preferred and reygned in Naples and enioyed the earldome of Prouince in France also for the space of 33. yeares vvith great renowne of valor wisdome And this is one example that 〈◊〉 recounteth vvhich example is reported by the famoê° lawyer 〈◊〉 in his commentaries touching the succession of the kingdome of Sicilia and he saith that this succession of the vncle before the nephew vvas auerred also for rightful by the learend of that tyme and confirmed for inst by the iudicial 〈◊〉 of Pope Boniface and that for the reasons which afterward shal be shewed vvhen vve shal treat of this question more in particuler An other example also reporteth Girard vvhich 〈◊〉 immediatly after in the same place for that the forsaid king Robert hauing a sonne named Charles which dyed before 〈◊〉 he left a daughter and heyre named Ioan neece vnto king Robert which Ioan was married to Andrew the yonger sonne of the foresaid Charles king of Hungary but king Robert being dead ther stept vp one Lewis prince of Tarranto a place of the same kingdome of Naples who vvas sonne to Phillip before mentioned vonger brother to king Robert vvhich Lewis pretending his right to be better then that of Ioan for that he vvas a man and one degree neerer to king Charles his grand father then Ioan was for that he was nephew
primogenitura Genes 15 49 Deut. 21. 15. 2. Patalip 21. 3. Exod. 3. 2. Rom. 9. 13. Genes 28 27. Tvvo points to be noted Genes 29 49. Exod. 1. 2. Reg. 5. 1. Paral. 3. Tvvo cases resolued The remede of inconueniences by succession Election succession do helpe the 〈◊〉 thothen Ansvver to the 〈◊〉 principal questions 〈◊〉 〈◊〉 to be 〈◊〉 VVhat an heyre apparent is before 〈◊〉 coronatiō Examples of tnatiage VVhat respect is devv to an heyre apparent VVhy Princes do cōpt ther yeares from the death of ther predecessors Girard de Haillan l. 3. de l'estate pag. 241. No heyre apparent K. before his coronation An euident Argument A rare example of King Henry V. Polydor. virg lib. 22. hittor Angliae in vita Henrici V. Stovv in the beginning of the life of king Henry V. Notes of this act 2. 3. 4. Admissiō of more importan ce then successiō See ther lastvvords to ther frendes in Sir Tho Moore Stovv VVhy diuer kings caused ther sonnes to be crovvned in ther ovvne dayes Hirrd du Haillan lib. 6. hist. an 1001. An. 1032. An. 1061. An. 1131. An. 1180. 3. Reg. 1. Polyd. Stovv in vita Henrici 11. The occasion of the next chapter The Ciuilian cloyed vvith copy Obiectiēs The example of the Ievves 3. Reg. 8. King Saule 2. Reg. 2. 21. An obiection ansevered 2. Reg. 9. King Dauid made by electiō 2. Reg. 2. 5. Psal. 131. 2. Paral. 6. Adonias the elder sonne relected 3. Reg. 1. The motiues of Adonias 〈◊〉 to King Dauid to make Salomō his successor 3. Reg. 1. The coronation of Salomon 〈◊〉 Reg. 1. A poynt to be noted The manner of admission of the prince Roboam 3. Reg. 12. 3. Reg. 11. 5. Reg. 12. 21. Foure races of Spanish Kings Ambros. moral Lib. 11. 〈◊〉 c. 12. 2. Race Ambros. moral lib. 13. c. 3 Moral lib. 37. e. 42. 43. 44. 3. Race Garibay lib 20. c. 〈◊〉 4. 〈◊〉 Examples of the first race Concil Tol. 3. c. 3. Conc. tol 4. cap. 74. Examples of the 2. race Episcop Tuyens l. 1. histoin Ludou de Molin li. de hared King Don Pelayo Ambros Mor 1. 13. cap. 6. 9. 10. Sebast. Epise Salam in hift Hisp. K. Don Alonso y Dö fruela Moral li 13. cap. 17 An. 768. Many breaches of succession Moral e. 21. King Don Aurelio King Don Sile. King Don Alonso the chast Mor I 15. cap. 25. A strange deliberation Great authoritie of comon vvealth K. Alonso the chast reyneth the secōd tyme. Moral e. 28. 29. An. 791. Moral li. 13. cap. 45 46. Anno 842. A horible tribute King Dō Ramiro 1 by election Moral e. 51. The kingdom of Spayne a Maiorasgo K. Don Ordonio An. 924. Moral 1. 16. cap. 1. An. 924. Don Alonso 4. Don Ramiro Moral lib. 19 cap. 20. An. 930. Don Ordonio 3. An. 950. Don Sancho 1. Moral l. 16. cap. 29 An. 950. Mor. l. 17. c. 1. 2. 3. 4. The end of the race of Don Pelayo Of the disceues follovving Spanish examples in the second discent 〈◊〉 1201 Carib li. 11. cap. 12 37. Lady Elenor an Inglish vvoman Q. of Spayne Garib l. 13. cap. 10 An 1207. An Inglish Qgrād mother to tvvo king saints at once An other brech of successiō The Cerdas put bark from the crovvne 1276. Garabay l. 15. c. 1. an 1363. Many alterations of lineal discent Dō Iohn the first a bastard made king of Portugal Garib l. 15 cap 22. li. 34. c. 39. Of the state of france An. 419. An. 751. An. 988. Examples of the 2. rancke of French Kings King Pepin by election An. 751. K. Charles by election Girard du Haillan l. 3. an 768. Eginard Belfor li 2. cap. 5. The vncle preferred before the nephevv Paul mili hist. Franc. King Luys de bonnaire An. 814. Girard l. 5 An. 834. An. 840 An. 878. Baudin en la Chroni que pag. 119. Girard l. 1 An. 879. Tvvo bastards pre ferred An. 881. Luys faineant K. of France An. 886. Charles 4 le Gros. King of France Girard li. 5. An. 888 Odo a king and after Duke of vvhom came Hugo Capetus Rafe 1. King of France An. 927. An. 929 Luys 4. d'Outremer The true geyre of France excluded Hugh Capet othervvise Snatch cappe 988 Belfor li. 3. cap 1. An. 988. Defence of Hugh Capetus title The embassage of the states of France vnto Char les of Loraine Girard 1. 6 an 988. Note this comparison Examples out of the third tyme of France Girard li. 6. an 1032 K. Henry 〈◊〉 preferred before his elder brother VVilliam conqueror hovv he came to be duke of Normandie Girard 1. 6. Anno 1032. 1037. Sonnes excluded for the fathers offences Girard lib. 7. An. 1110. Belfor l. 4 c. 1. l. 5 Cōmzus in comen tar l. 1. in vita Ludouic 11. Examples of the realme of Ingland Diuers races of Inglish Kinges Thename of Ingland and Inglish King Egbert the first monarch of Inglād Polidor hist. aug li. 4. in fine An. soz King Pepin of France king Adel vvolfe An. 829. King Alfred 872. King Edvvard elder An. 900. King Aleston the Bastard 〈◊〉 An. 924. Polid. 1. 5. hist. Angl. Stovv pag. 130. An. 924. King Edmond r. An. 940. The vncle preferred before the nephevvs 946. Polid. 1. 6. Stovv in his chronicles Edgar a famous king King Edvvard Martirized K. Etheldred 978. Polid. 1. 7. hist. Ang. K. Edmēd 〈◊〉 Quere Emma mother to King Edward the 〈◊〉 Many breches of lineal succestiō Sonnes of King Edmond Ironside King Canutus the first 〈◊〉 King Edvvard the confessor made K. against right of successiō Prince Edvvard the out lavv and his children put back Polyd l 8. Harald second K. by election 1066. Polid. vbi sup VVilliam Duke of Normādy King of Ingland An. 1066. by election Girard li. 6. an 1065 Chron. Cassin l. 3. cap. 34. Antoninus part z. chron tit 16. cap. 5. 9. 1. Examples after the conquest Polyd. in vita Gul. Conq. VVilliam Rufus King An. 1087. Henry 1. An. 1100 Mathild the empresse King Stephen entred against successiē 1135. An act of parlamēt about successiē 1153. King Richard and king Iohn 1190. Prince Ar tur put back Tvvo sisters of prince Artur Duke of Britaine K. Iohn and his sonne reiected 1216. The titles of york Lācaster The con clusion of this-chapter Causes of excluding Princes VVhe must iudge of the lavvful causes of exclusiōs Open iniustice to be resisted VVhat are the cheete pointes to be regarded in a princes ad mission VVhence the reasons of admitting or re iecting a prince are to be taken Girard li. 3. de l'Estar pag. 242. Three principal points to be considered VVhy he resolueth to treat of religion principally The cheef end of a common vvealth supernatural Philosophers and lavv makers vvhat end they had of ther doings The com mon vvealth of beastes The natu ral end of mans cōmon vvealth Sacrifices and oblations by
nature Gen 8. Iob. 1. The chife end of a common vvealth magestrates is religion Genebrard l 1. Chronolde 1 aetate Genes 25. 20. Deut. 21. 2. Paral. 〈◊〉 Regard of religion among gentiles Cicero li. 1. quest tusc. de natura deorum lib. 1. Plutarch aduersus Colotem Aristo l 7 politi c. 8. The absurd Athisemo of our tyme in politiques See before the othes made by princes at their coronations in the 4. chapter The oth to gouernors for defence of religion Collat 2. Nouella constit Iuflin 〈◊〉 〈◊〉 〈◊〉 Note the forme of this othe vvryten An Dn̄i 560. Hovv great a defect is vvant of religion in a Magestrate Lack of religion the chefest cause to exclud a pretendor Vide Digest li. 23. fit 1 leg 8 10. Math. 14. Marc. 10. 1. Cor. 7. Lib. 4. decret Greg. tit 19. c. 7. VVhether 〈◊〉 in religiō be infidelity Act 23. 1. Cor. 8. 2. Cor. 5. 3. Pet. 3. Math. 18. Hovv he that doth agaynst his ovvne consciēce sinneth Rom. 14. 1. Cor. 8. 10. See vppō this place of S. Paul S. Chrisost hom 36. in 〈◊〉 epistolā Orig. l. to Theodor. in hune locum Hovv dāgrous to fauour a pretender of a contrary religion Against vvisdom and policy to preferre 〈◊〉 prince of a contrary religiē The conclusion of the vvhole speech A protestation of the lavvyer VVhy the vvil not determyne of any one title The book of Hales and Sir Nicholas Bacon The but of Hales book First reason 2. Reasun The booke of M. Morgan and iudge Browne Ansvver to the 1. reason To the 2. reason Heghingtons booke George Lilly in fine Epitchronic Anglic. Sundry importag pointes Diuers other notes and pampletes Sir Richard Shelly Franc. Peto A treatise in the behalfe of the Infāta of spaine Discent of V Villiam the Conqueror The children of the conqueror Polid. 1. 2. in fine Stovv in vita Guliel The miseries of Duke Robert and his sonne Stovv in vit Gul. Cōquest VVilliam soune of Duke Robett Belfor 1. 3. cap. 42. An. 1128. King VVilliam Rufus 〈◊〉 l. 2 del hist. del mondo K. Henry Polydor. in vita Henrici 1. The house of Britany by the elder daughter of the Conqueror Belfor l. 3 Pag. 423. Conan Duke of Britanie poysened by VVilliam Con queror Belfor l. 3 cap. 12. An. 1065. ex chronic dionis The daughters of spaine are of the blood royal of Ingland The houses of Aloys VVhy Stephen vvas admitted king of Girard l. 6 Belfor l. 3 The issue of king Stephen K. Henry the 2. Belfor l. 3 cap. 50. An. 1151. Gerard. l. 8. pag. 549 K. Henry the 2. his issue Stovv in vita Henci King RIchard Duke Geffrey Paradyn apud Belforest Belfor l. 3 cap. 71. An. 1203. Belfor l. 4 cap. 4. K. Iohn and his issue Miseries that fell vppō king Iohn Polid. Hol lings Stovv in vitae Iohannis The issue of king Henry the 2. hys daughters Belfor l. 3 cap. 49. An. 1152. The issue of Lady Eleanor Queene of spaine Polidor l. 15. in vit Iohan Stephen Garib li. 22. cap. 31 Queene Berenguela Garibay li. 12. c. 52 Pretences of the Infanta of spayne to Inglish French states K. Henry the 3 and his issue The meeting of three houses Prince Edvvard Duke Edmond Lad. Beatrix daughter of king Henry 3. The pede gree of the dukes of Britanie The great contention betvveene the houses of Mō ford and Bloys in Britanie Burgundy and Orleance The controuersie betvveene the house of monford and Bloys A Questiō about successiō betven the vncle and the neece The house of Blois ouer come The suecession of the Monfords in Britanie Francis last Duke of Britany Hovv the dukdome of Britanie vvas vnited to france 3. The issue male of king Hēry the 〈◊〉 The Bishop of Rosle in his booke of the Q. of Scotts title George Lilly in fine epitomes chron Anglic. That Edvvard vvas the elder Matheus vvest in vit Henrici 3. bollings Ibidem pag. 654. 2. 3. Holling head in vit Henrici 3. pag. 740. 777. 4. Edmonds line neuer pretended to the crovvne 5. Note this consequent 6. The elder ship of Edmond a fiction Polyd in fine vitae Hent 3. The issue of king Edvvard the first The issue of Edmond Crock-back Collateral lynes of Lācastez Fyue sonnes of K. Edvvard 3. The redd rose and the vvhite issue of the black prince The issue of leonel the 2. sonne The issue of Edmond the 4 sonne The issue of Thomas the 5. sonne The issue of the 3. sonne duke of Lancan The issue by Lady Blanch. L. Phillip marryed into Portugāl and her issue Lady Elizabeth second daughter The issue of King Henry the 4. The issue of Iohn of Gant by his 2. vvife The controuersie in Spaine betvveene King Peter the cruel and his bastard brother Garibay l. 15 c. 26. Of Lady Catherin Svvinford hollings head in vita Richardi 2. pag. 1088. The duke of Lancasters ba stards made legitimate Hollingh in vita Rich. 2. pag. 1090. The issue of Catherin Svvinfords chil dren K. Hēry 7. The dukes of Somerset Polidor hist. Ang. lib. 23. Hollings in vita Edvvadi 4. pa. 1314 1340. VVhat heyres of Lancaster novv romaine in The issue of the house of York Richard Earle of Cambrige executed Richard duke of York slayne Edvvard duke of York and King his issue The lyne of the Pooles The lyne of the hastings The Baringtons King Richard 3. Issue of king Henry the 7. Issue of the lady Mary of Scotland Issue of mary 2. sister to K. Henry Lady Francis Stovv An. 7. Edvvard 6. Of Lady Elen or of Suffolk Varietie of authores opinions about this controuersie Polydor in fine vit Henr. 3. initio vit Henr. 4. in vit Rich. An. 1386. The allegations of the house of yorke The storie of the controuersie betvveene Lancaster York Polydor. in vita Richard 2. lib. 20. King Richards de position Cheefe points of the controuersie betvveene Lancaster and York Three pointes about king Richards depositiō That a trevv K. maye be deposed 〈◊〉 Reason 2. Authority 3. Examples VVhether the causes vvere sufficient of King Rich. deposition The house of York chiefe doer in deposing King Richard Polyd. lib. 20. histor Angl. Addit ad Polycromicon Testimony of stories The euil gouermēt of king Richard Stovv in vit Rich. 2. pag. 502 regni 11. Agreat insolēcy The euel parlamēt Stovv an 21. regni Richard The duke of Laneaster called by common request Frosard VValsingham VVhether the manner of deposing King Richard vvere good 1. Roboam deposed by his subiects of ten tribes 2. Reg. 11 12. 2. Paralip cap. 10. Ioram his mother Iesabel deposed by force 4. Reg. 9. 5. Athalia depriued by force 4. Reg. 11. VVhether Lancaster or Yorke should haue entred after king Richard Polidor L. 20. in vit Richard Stovv 〈◊〉 vita Richard 2. VVhether the earle of march or duke of Lancaster should haue luc ceded
Polydor that wrote in king Henry the 8. his tyme and others that haue followed him since do take al right from the house of Lancaster and giue the same to the house of Yorke wherfore the best waye I suppose wil be not so much to consider vvhat historiographers do say according to their affections or interests as vvhat reasons and profes be alleged of euery side for that by this we shal more easely come to iudge where the right or wrong doth lye First therfore the defendors of the house of Yorke do alleage that their title is playne and euident for that as in the former chapter hath bin declared Richard duke of Yorke first pretender of this house vvhose father vvas sonne to Edmond Langley duke of Yorke fourth sonne of king Edward the third and his mother Anne Mortimer that vvas neece once remoued and sole heyre to Leonel duke of Clarence second sonne of the said king Edward this Richard I say duke of York pretended that for so much as he had tvvo titles ioyned together in himselfe and vvas lawful heyre as vvel to duke Leonel the second brother as to duke Edmond the fourth that he vvas to be preferred in succession of the crowne after the death of king Richard the second heyre of the first sonne of king Edward before the issue of Iohn of Gaunt that vvas but third sonne to the said king Edward and consequently that Hēry Bolenbrook Iohn of Gaunts sonne duke of Lancaster called afterward king Henry the fourth entred the crowne by tyrāny violēce first for deposing the true and lawful king Richard and secondly for taking the kingdome vppon himselfe vvhich kingdome after the death of the foresaid king Richard which happened in the yeare 1399 belonged to Edmond mortimer Earle of march then liuing and after his death to Anne Mortimer his sister marryed to Richard earle of Cābridge father to this Richard pretendent duke of Yorke as hath bin said for that this Edmond and Anne Mortimer were children to Roger Mortimer sonne of Phillip that vvas daughter to duke Leonel vvhich Leonel vvas elder vncle to king Richard and before Iohn of Gaunt the yonger brother vvhose sonne tooke the crovvne vppon him For the better vnderstanding of which pretence and allegation of the house of Yorke against Lancaster we must note the story following to wit that king Edward the third seing in his old age that prince Edward his eldest sonne whom of al his children he loued most dearly was deade though their vvanted not much doubt in some mēs heads as after shal be shewed vvho ought to succede yet the old man for the exceeding affection he bare to the dead prince vvould heare nothing in that behalfe but appointed Richard the said prince Edwards only sonne and heyre to succed him in the kingdome and made the same to be confirmed by act of parlament and inforced al his children then a liue to svveare to the same which were Iohn of Gaunt duke of Lancaster his third and eldest sonne that then liued for Leonel his second sonne duke of Clarence vvas dead before and Edmond Langley and Thomas Woodstock earles at that tyme but after dukes of Yorke Glocester so king Richard reigned with good obedience of his vncles and their children for 20. yeares together but in the end when he grew insolent had put to death his vncle the duke of Glocester together vvith the earle of Arundel and banished many others of the nobility and among them the Archbishop of Canterbury as also his owne cosin germaine Henry duke of Hereford after of Lancaster sonne and heyre of Iohn of Gaunt and had made many wicked statutes aswel against the church and state Ecclesiastical as also to intangle the realme and nobility with fayned crymes of treason against his regaltie as then he termed them the principal men of the realme seing a fit occasion offred by the kings absence in Ireland called home out of France the foresaid Henry duke of Lancaster vvith the Archbishop of Canterbury earles of Arundel and Warwick and others which vvere in banishment and by common consent gathered vppon the suddaine such an army to assist them in Ingland as they took the king brought him to London and there in a parlament laying together the intollerable faults of his gouerment they depriued him of al regal dignity as before they had done to his great grandfather king Edward the second then by vniuersal consent of the parlament and people their present they chose admitted the said Henry duke of Lancaster to be their king vvho continewed so al the daies of his life and left the crowne vnto his sonne and sonnes sonne after him by the space of threescore yeares vntill this Richard before named duke of Yorke made chalenge of the same in manner and forme as before hath bin shewed Now then the storie being this the question is first whether Richard the second were iustly deposed or no and secondly whether after his deposition the house of Yorke or house of Lācaster should haue entred and thirdly if the house of Lancaster did commit any wronge or iniustice at their first entrance to the crowne yet whether the continuance of so many yeares in possession vvith so many approbations and confirmations therof by the common vvealth vvere not sufficient to legitimate their right Concerning vvhich points many things are alleaged by the fauourers of both families and in the first pointe touching the lawfulnes or vnlawfulnes of king Richards deposition three articles especially do seeme most considerable to wit about the thing in it selfe whether a lawful king may be deposed vppon iust causes secōdly about these causes in king Richards deposition to vvit vvhether they vvere iust or sufficient for deposition of the said king and lastly about the manner of doing it vvhether the same were good and orderly or not And touching the first of these three pointes vvhich is that a king vppon iust causes may be deposed I thinke both parties though neuer so contrary betweene themselues vvil easely agree and the Ciuil lawyer seemeth to me to haue proued it so euidently before throughout his vvhole discourse as I thinke very litle may be said against the same For he hath declared if you remember both by reason authority examples of al nations Christian that this may and hath and ought to be done vvhen vrgent occasions are offred And first by reason he sheweth it for that al kingly authority is giuen them only by the common wealth that with this expresse condition that they shal gouerne according to law and equity that this is the cause of their exaltation aboue other men that this is the end of their gouerment the butt of their authority the starr and pole by vvhich they ought to direct their sterne to witt the good of the people by the vveale of their subiects by the benefite of the realme
vvhich end being taken away or peruerted the king becommeth a tyrant a Tigar a fearse Lion a rauening wolfe a publique enimy and a bloody murtherer vvhich vvere against al reason both natural and moral that a common wealth could not deliuer it selfe from so eminent a distruction By authority also you haue heard it proued of al law-makers Philosophers Lawyers Diuines and Gouernours of common vvealthes vvho haue set downe in their statutes and ordonances that kings shal sweare and protest at their entrance to gouerment that they vvil obserue and performe the conditions their promised otherwise to haue no interest in that dignity soueraintie By examples in like manner of al realmes christian he declared how that often-tymes they haue deposed their princes for iust causes and that God hath concurred and assisted wonderfully the-same sending them commonly very good kings after those that vvere depriued and in no country more then in Ingland it selfe yea in the very lyne and familye of this king Richard vvhose noble grand-father king Edward the third vvas exalted to the crowne by a most solemne deposition of his predecessor king Edvvard the second vvherfore in this point their can be litle controuersie and therfore vve shal passe vnto the second vvhich is vvhether the causes vvere good and iust for which this king Richard vvas esteemed vvorthy to be deposed And in this second pointe much more difference their is betwixt Yorke and Lancaster and betwene the vvhite rose and the redd for that the house of Yorke seeking to make the other odious as though they had entred by tyrannie cruelty doth not stick to auouch that king Richard vvas vniustly deposed but against this the house of Lancaster alleageth first that the howse of Yorke cā not iustly saye this for that the chiefe prince assistant to the deposing of king Richard vvas lorde Edmond hymselfe duke of Yorke and head of that familie together with Edward earle of Rutland duke of Aumarle his eldest sonne and heyre yea and his yonger sonne also Richard earle of Cambrige father to this Richard that now pretēdeth for so do write both Stow Hollingshead and other chroniclers of Ingland that those princes of the howse of Yorke did principally assist Hēry duke of Lancaster in getting the crowne and deposing king Richard Polidor speaking of the wicked gouerment of king Richard and of the first cogitation about deposing him vvhen king Henry of Lancaster vvas yet in France banished and seemed not to thinke of any such matter he hath these words Sed Edmundo Eboracensium duei eares cum primis bilem commouit quod rex omnia iam iura peruerteret quòd antea parricidio postea rapinis se obstrinxisset c. That is this matter of the wicked gouerment of king Richard did principally offend his vncle Edmond duke of Yorke for that he saw the king novv to peruert al law and equity and that as before he had defiled himselfe vvith parricide that is with the murther of his owne Vncle the duke of Glocester brother to this Edmond so now he intangled himselfe also vvith rapine in that he tooke by violence the goods and inheritance of Iohn ofGaunt late deceased vvhich did belong to Henry duke of Lancaster his cosen germaine by which wordes of Polidor as also for that the duke of Lancaster cōming out of Britayne accompaned only with three score persons as some stories say chose first to goe into Yorke-shire and to enter at Rauenspurr at the mouthe of Humber as al the vvorld knoweth which he would neuer haue done if the princes of Yorke had not principally fauoured him in that action al this I say is an euident argumēt that these princes of the house of Yorke were then the chiefe doers in this deposition and consequently cannot alleage now with reason that the said Richard was deposed vniustly Secondly the house of Lancaster alleageth for the iustifying of this deposition the opinions of al historiographers that euer haue written of this matter vvhether they be Inglish French Duch Latine or of any other nation or language vvho al with one accord do affirme that king Richards gouerment vvas intolerable he worthy of deposition wherof he that wil se more let him reade Thomas of Walsingham and Iohn Frosard in the life of king Richard Thirdly they of Lancaster do alleage the particuler outrages and insolences of king Richards gouerment and first the suffring himselfe to be carryed away with euil counsel of his fauorites and thē the peruerting of al lawes generally vnder his gouerment as before you haue hard out of Polidor the ioyning vvith his my niōs for opressing the nobility of which Stow hath these vvordes The king being at Bristow with Robert de Vere duke of Ireland Michael de la Pole Earle of Suffolke deuised how to take away the duke of Glocester the earles of Arundel VVarwick Darby and Notingham and others whose deathes they conspired thus sayeth Stow. And soone after they executed the most par of their deuises for that Thomas of Woodstock duke of Glocester vvas made away vvithout law or processe the earle of Arundel also vvas put to death and VVarwick vvas banished and so was also Thomas Arundel Archbishop of Canterbury by like injustice and the like was done to Henry duke of Hereford and after of Lancaster and among other insolences he suffred Robert Vere to dishonour and put from him his vvife a noble and goodly yong Lady as Stow sayeth and borne of Lady Isabel king Richards aunt that vvas daughter to king Edward the third and suffred Vere to marry an other openly to her disgrace and dishonour of her kynred And finaly in the last parlament that euer he held which vvas in the 21. yeare of his reigne commonly called the euel parlament he would needs haue al authority absolute graunted to certaine fauourits of his which Thomas Walsingham saith were not aboue 6. or 7. to determine of all matters vvith al ful authority as if they only had bin the vvhole realme vvhich vvas nothing in deede but to take al authority to him selfe only and Stow in his chronicle hath these wordes following This parlameut began about the 15. of September in the yeare 1397. at the beginning wherof Edward Stafford Bishop of Exceter Lord Chancellor of Ingland made a proposition or sermon in which he affirmed that the power of the king was alone and perfit of it selfe and those that do impeatch it were worthy to suffer paine of the law c. thus saith Stow by al vvhich is euident how exorbitant and contrary to al law and equity this kinges gouerment vvas Fourthly and lastly those of Lancaster do alleage for iustifying of this depriuation that duke Henry vvas called home by expresse lettres of the more and better part of al the realme and that he came vvholy in a manner vn-armed considering his person for that
in his description of those countryes the whole wealth and riches of the world seemed to slow thither and I my selfe can remember to haue seene such exceding abundance in very ordinairy men of this country both for their dyet apparrel furniture of house and the like as was wonder ful besides that for their nobilitie they were al great Princes for that euery one had his prouince or great towne in gouerment which they ruled whith that pompe and honor as if they had bin absolute lordes themselues by reason of the farr distance of their supreme Prince and so they were receaued whith publique honor of al citties and townes their charges borne wheresoeuer they passed as such high estates are wont to be And albeit they had euer commonly a strainger for supreme gouernor among them vnder their kinge which bare the name to be aboue them yet did he in deed nothing but as they would haue him and this partly for that his time of gouerment being but short he alwaies attended principally to gett the good willes of the people and to hold them contented and therby to be grat-ful to his king at his returne home and partly also for that if he should attempt to do any thing against their myndes and liking they made reply by their president and Chancelor and other of their owne Councelers residing for the Flemish nation in the court of Spayne for this nation hath alwaies a particuler councel ther about the king as al other forayne nations also haue that are vnder him and by this meanes they obteyned lightly what they would and brought the gouernor to what they pleased so as in effect they were absolute kings in themselues wrought their willes in euery thing this in that tyme while the country was quiet But now since their reuolt which hath indured almose these foure or fiue and twenty yeares what hath succeded surely their hath not a quarter so many bin punished or put to death in al these yeares by order of Iustice of their king absent as before I haue shewed that there were in one day by their owne earles and dukes when they were present that vppon far lesse occasion and cause giuen then are these for if we take away the two noble men Egmond and Horne put to death at the beginning of these Flemish troobles by the duke of Alua for which some men say also that he had no thanke afterward by the king no man of importance hath bin since executed and the cheefest townes that haue bin and are agaynst the king in Holland and Zeland are suffred vntil this day to traffique freely into Spayne and yet we know that for a little beginning of a certayne tumult this last yeare past in Spayne it selfe to wit in the kingdome of Aragon many heades haue bin stroken of and much iustice done where of then riseth this differēce no doubt for that the Flemmings are straingers far of and the other neere at home natural borne so as this circumstance of being a stranger and dwelling far of doth them great pleasure and giueth them priuilege aboue the homborne subiects The like I might shew for this matter of punishment in the fore said states of Italie where if a mā do compare the number of them that were put to death pulled downe or afflicted by order of Iustice and other wise at the commandement of the Prince in tyme of their owne home-borne kings with that which hath bin since especially of the nobility you shal not finde one for twenty and the reason of this is for that their owne kings were absolute and had to giue accompt to no man of their doings and for that they were men and had their passions and emulations with the nobilitie and might put the same in execution without accompt or controlment they pulled downe set vp at their pleasure and made oftentymes but a iest of noblemens liues and deathes but now these that are gouernours viceroyes for a forraine prince first they haue not so great authority or comission as to touch any such principal persons liues whithout giuing relation therof first vnto their king councel and receaue againe particuler order for the same and then they knowing that after their three yeares gouermēt is ended they must be priuate men againe and stay their 40. dayes as subiects vnder the next new gouernour to giue a reconning of their doings against al that shal accuse them which in these countryes they call to make their residence they take heede what they doe and whom they offend so as the condition of nobility is far different vnder such a strainge gouerment as this is termed then vnder a natural Prince of their owne country which oppresseth them at his pleasure But now to draw neer homward if we wil examine and considerer what hath passed in Ingland in this point of massacring our nobility by our domestical Princes it is a matter lamentable for it may seeme that they haue serued oftentymes for our Princes to make disport to play whith their heades And to let passe al those which in tyme of warres rebellions comotions haue bin cut of which occasions may seeme more iustifiable I do read also in our chronicles that 2 Sangue freddo as the Italian sayth that is to say in tyme of peace and by execution of iustice at the Princes appoyntment these noblemen following and knyghts by name were put to death with in the space of one fiue yeares in king Henry the fourth his dayes The duke of Excester the duke of Surrey the Archbis hop of Yorke the earles of Salisbury of Glocester of Worcester and of Huntington The earle mowbray earle marshal The Baron of Kinderton S. Roger Clarington bastard sonne of Edward the black Prince S. Thomas Blunr S. Barnard Rocas S. Richard Vernon And agayne soone aftervnder king Edward the fourth in almost whith in as litle space The dukes of Somerset and of Excester The earles of Deuonshire of Oxford and of Keyns The Lord Rosse the Lord Molyns S. Thomas Tudingham S. Phillip Wentworth S. Thomas fyndam and many others afterward for this was but at the beginning of his reigne which number of nobility if a man should haue seene them aliue together with their traynes before they had bin put downe he would haue said they had bin a very goodly company pitiful that so many of our owne nobilitie should be brought by our own Princes to such confusion But yet this matter may seeme perhapps the lesse maruelous and more excusable vnder those two kings for that troobles and contentions had passed a little before in the realme about the succession and heervppon so many of the nobility might be cut of but let vs see then what ensued afterwards when thinges were established and al doubt of contention about the succession taken away as in king Henry the eight his dayes it was and yet do
to king Richard The title of Yorke is by a VVomā Stovv in vit Henrici 5 au 3. regni The earle of Cambrige executed for conspiracy An obiection for Yorke that Edmond Mortymer vvas declared heyre apparent Polydor l. 20. Stovv in vit Rich. 〈◊〉 an 1385 Hollings-head in vit Rich. 2. pag. 1088. Stovv an 1382. Polydor li. 20. an 1394. The cause of hatred be rvveeue king Richard and the house of Lancaster Iohn frosard in histo Polydor. Hollings Stovv in vita 〈◊〉 2 Tho vvassing in vit Richardi 2. pag. 341. 344. Iohn Fros sard in vit Hēri VVhy Ro ger Mortimer vvas declared heyre apparent Hollings in vit Richard 3. pag. 1406. in vit Edvvard 6. pa. 1715 The declaration of king Edvvard 6. in fauour of the Lady Iane Gray Girard de Haillan l. 15. his Fran. initio VVhether vncles or nephevves to be preferred in Succession Barthol in 〈◊〉 〈◊〉 C. 〈◊〉 〈◊〉 〈◊〉 The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the 〈◊〉 〈◊〉 And example of the vncle before the nephevv in spayne Garibay li. 13 cap. 14 and 1276. An other example in France and Flanders Polidor l. 25. in vit 〈◊〉 3. An other example of Britanny Supra c. 2 An other example in Scotland The conuentiō of the houses of Balliol Bruse in Scotland 8. Examples in Inglād 〈◊〉 head in vit Regis 〈◊〉 〈◊〉 142. Hovv Arthur duke of Britanny vvas declared 〈◊〉 apparent 〈◊〉 1. 14 〈◊〉 in vit Richar 〈◊〉 〈◊〉 420. 2. 3. Hollingli in vit Richar 〈◊〉 pag. 496. 499. 4. Hollingshead pag. 540. VValsing in ypodig Neustriss Opinions of lavvyers for the nephevv vncle Benedict Cap. Ranutius verb in eodem testam Baldus in lib. vt in test cap. de suis leg hered per. li. vnicam pro 20. sui autē nouissimo Touching the common lavv of Ingland Different rules in successiō of the crovvne and of other inheritances The common lavv grounded in custome Ancient lavvyers that defended the house of Lancaster Holling 〈◊〉 vit Hēric 6. pag. 〈◊〉 00. The summe of this controuersie repeated 1. 2. 3. Other arguments of Lancaster Stovv in vita Henrici 5. pag. 587. The princes of Yorke often attained Stovv in vita Henrici 6. 2. Yorke entred by violence Stovv in fine vit 〈◊〉 6. 3. The house of Yorke put dovvne a holy king 4. Long pos sessions of the house of Lancaster 5. The difference of kings of both houses 6. The princes of Yorke cruel one to the other Polydor virg hist. Anglie lib. 24. Great vnion faythfulnes of the princes of Lancaster Polyd. lib. 23. Diffentions in the house of Yorke King Edvvard 4. King Richard 3. King Hēry 3. hovv many he put to death of his ovvne kynred The de la pooles The house of Buckingam The house of Courtneis The house of Salisbury Seymers put to death Queene of Scots 7. No old noble house standing in Inglād but such as tooke parte vvith Lācaster Siue ancient noble hovvses Arondel Oxford Northum berland VVestmerland Shrevvsbury Houses that fauo red York deftroyed The Mon braies The de la Pooles The house of Salesbury VVarvvicke King 〈◊〉 the 7. crovvned in the fild in respect of the house of Lancaster only thoughe his tytle that vvay vvas not great A diuisiō of the families that do precend Of the house of Scotland Arbella In fauour of the king of Scots 1. 2. 3. Argumēt against the king of Scots 1. The king of Scots not of the house of Lancaster 2. The king of Scots foraine botne The controuersie about somayne 〈◊〉 Movv strāgers may inherite Reasons vvhy the statute toucheth not our case The crovvne not holdē by allegeance The king of Scots excluded by the starute of association Other cōsideratiōs against the King of Scots Ioyning of Inglād and Scotland together 1. Polydor. lib. 17. in vit Edvvardi primi 3. Inconueniences of bringing strāgers into Ingland A consideration of importance Polydot hist. Ang. l. s. 9. Example of Spaine Garibay l. 20 c 42. An Dn̄i 1207. Example out of Portugal Garibay l. 34. c. 38. An. Dn̄i 1383. Stovv pa. 54. 59. 95. 76. Of the religion of Scotland Of the title of lady Arbella 1. 2. An Inglish vvoman Against Arbella 1. Not of the house of Lancaster 2. The testa ment of king Hēry 3. The coun tesse of darby neerer by a degree Illegitimation by bastardye The testimonie of the lord Vvillian hovvard Other reasons of state against Arbella Gouerment if vvomen Bolyd l. 12 Garibay li. 〈◊〉 c. 41 The issue of Charles Brandon Issue of lady Fran cis Stovv an 7. Edon 6 The issue of the L. Catherin The issue of L. Eleanor Allegations of the houses of Darby hartford the one against the other Charles Brandon had a vvyse a lyue First bastardie against the issue of hartford Stovv in vita Edvvard An. 〈◊〉 2. Bastardie 3. Bastardie The fourth be 〈◊〉 cōmon to both famines of Suffolk The ansvvere of those of hartford to the foresaid bastardies Of the marriage betvveen the earle of hartford and the L. Catherin Gray Concil Trid. Sess. 24. cap. 1. Hovv the second sonne of the earie of hart ford mav be legitimate Allegations of the house of Darby VVhy the earle of Huntingtōs house is said to be of the house of Clarence Issue of the house of Clarence Issue of S. Geffrey Poole The interest pretēce of the earle of Huntington Obiectiōns against the earle of Huntington 1. 2. Attainders in the house of Huntington Restitution may be in blood vvithout restitutiō of dignitie The pretence of the Pooles against Huntington Obiectiō of Religion The house of Britanie The course of inheritan ce in the crovvne of Frāce First pretence of the Infan ta to Ingland 1. 2. Polydor. in vita Guliel Rufi 3. Second pretence of the Infanta of Spaine 3. Pretence by Arthur duke of Britanie Belforest I. 3. cap. 71 hist. Fran. Electiō of Levvys the 8. to be King of Inglād Polydor. l. 15. hist. Angl. Holling Stovv in vita Ioannis Belfor li. 〈◊〉 cap. 67. Girard li. histor 〈◊〉 〈◊〉 〈◊〉 france Pretence by dissent from Hēry the third Admissiō by composition Obiectiōs against the Infan tas pretence The princes of Portugal are of the house of Lācaster The issue of lady Phillip Queene of Portugal Issue of Iohn of Gaunt by his later vviues Sce the arbor in the end of this booke The point of difficultie Issue of Catherin Svvinford The principal question Ansvver Duchie of Lācaster The crovvne An exam ple of Edvvard the sixth of the prince of spaine Replies of the house of Portugal The duke dome of Lācaster The legitimation of Catherin Svvinfords children not lavvful Stovv in vit Richardi 2. Garibay his Portugal l. 33 cap. 4. Note this example Stovv in vit Henrici 8. Iohn of Gauntes marriage vvith Catherin Svvinford helpeth not the legitimation The question betvveene lord Phillip and Iohn of Somerset The question betvveene the
vvith litle intention of performance But in al good and vvel ordered common vveathes wher matters passe by reason conscience vvisdom and consultation and espetially since christian religion hath preuailed giuen perfection to that natural light vvhich morall good men had before in matters of gouerment since that tyme I say this point of mutual and reciprocal othes betvveene Princes and subiects at the day of ther coronation or admission for al are not crowned haue bin much more established made cleare and put in vre And this forme of agreement and conuention betwene the common vvealth and their christian head or king hath bin reduced to a more sacred and religious kinde of vnion and concord then before for that the vvhole actiō hath bin donn by Bishopes and ecclesiastical Prelats and the astipulation and promises made on both sides haue passed and bin giuen receaued and regestred vvith great reuerence in sacred places and with great solemnity of religious ceremonies vvhich before vvere not so much vsed though alvvayes ther weare some And therfore our examples at this tyme shal be only of christian common vvealthes for that they are more peculiarly to our purpose as you wil confesse First then to begin vvith the East or Greeke Emperors of Constantinople as the most anicient among other for that after the Empire once translated from Rome to Constantinople by our Constantine the great and the first Christian Emperor that euer did publiquely shew himselfe for such thes Greeke Emperors were the most eminent Princes of al christianity among vvhom I do finde that albeit ther comming to the crowne were nothing so orderly for the most part as at this day it is vsed but many tymes the meanes therof vvere turbulēt and seditious yet find I as I saye that aboue a thousand yeares gone they vvere wont to haue an oth exacted at their handes by the patriarck of Constantinople vvho was their chiefe Prelate for thus writeth Zonaras of the coronation of Anastatius the first that succeded Zeno about the yeare of Christ 524. Antequam coronaretur fidei confessionem scriptam qua polliceretur se in dogmatibus Ecclesiasticis nihil esse nouaturum ab eo exegit patriarcha Euphemius vir sanctus orthodoxus The Patriarch Euphemius being a holy and catholique man required of Anastatius elected Emperor before he was crowned a confession in writing wherin he should promisse to change or innouate nothing in matters perteyning to the doctrine of the church thus much Zonaras the same haue Nicephorus Euagrius others And not only this but diuers other conditions also doth the same author insinuate that this Anastatius promised at his corouation before he could be crowned as among other things the taking away of certaine tributs and impositions the giuing of offices without money and other like points appertayning to reformation and good gouerment vvhich he performed for a tyme in the beginning of his gouerment but after fel into the heresies of the Eutichians banished this same good Patriach Euphemius that had crowned him he thriued therafter for that he vvas slayne by a thunder bolt from heauē after he had reigned 7. yeares and vvas accompted for a very wicked man by al vvriters for that he had broken as they said the conditions quas graui iuramento scriptis relato confirmasset That is to say the conditions which he had confirmed auowed with a graue oth as sayeth Euagrius The like I read about 300. yeares after recorded by the same author of the Emperor Michael the first in thes wordes Michael vbi diluxit magnam ecclesiam ingressus à Patriarcha Nicephoro imperatorio diademate est ornatus postulaio prius scripto quo promitteret se nulla ecclesiae instituta violaturum neque christianorum sanguine manus contaminaturum Which is Michel new chosen Emperor came early in the morning into the great church of Constantinople and vvas crowned ther with the Emperial crowne by the handes of Nicephorus the Patriach but yet so as hs was first required to swear and promise by writing that he would not violate the ordināces of the church nor contaminat his hands with christian blood which in effect is as much to say as that he should reigne godly iustly and many other such examples might be alleaged but by this it is easy to see what vvas the fassion of admitting and crowning thos gretian Emperors by their Patriarkes in the name of al the common wealth which common wealth was not satisfied with an oth except also it were set downe in vvriting And if we passe to the latine west empyre which about this very tyme was restored by Zacharie the pope and by the whole common wealth of Rome as before hath bin shewed and was giuen to Charles the great and his posterity vve shal fynd that this point is more setled and more in-violably kept yet in this empyre thē in the other for albeit that this empire of the west vvent by succession for the most part at the begining vntil afterwards it vvas appointed by Pope Gregory the fifth to passe by the election of certaine Princes in Germanie that now enioy that priueledge to be electors yet shal vve see alwaies that they euen before this cōstitution when this dignity went by succession were neuer admitted to the same vvithout this circumstance of swearing to conditions of righteous gouerment the forme and manner of which admission for that I find it set downe more perfectly and particulerly in the coronation of Otho the first then of any other Emperor and that by many authors and that this Otho was sonne and heyre vnto the famous Emperor Henry the first of that name Duke of Saxonie surnamed the faulkner for the great delight he had in the flght of faucons for thes causes I meane to begin with the coronation of this man before any other This Otho then sonne as I haue said to Henry the first though being his eldest sonne he vvere also his heyre and so named by Henry him self to the inheritance of the said crowne of Germany yet was he not admitted thervnto vntil he had made his oth and receaued his new approbation by the people for so the story saith that the Archbishop of Moguntia who is the chief primate of al Germany bringing him to the aulter wher he must swear said thes vvords vnto the people Behold I bring you heare Otho chosen by God appointed out by his father Henry our Lord and now made king by al the Princes of this empire if this election please you do you signifie the same by boulding vp your handes to heauen Thus far are the vvordes of the historiographer and then he addeth that al held vp their handes and that theruppon the said archbishop turned ahout to the aulter vvher lay al the oruaments and ensignes of the empyre as the sword vvith the girdle the cloke vvith
of Hartford and their frendes do alleage that they do discend of lady Francis the elder sister of lady Elenor and so by law and reason are to be preferred but the other house alleageth against this two impediments the one that the lady Margaret countesse of Darby now lyuing is neerer by one degree to the stemme that is to king Henry the seuenth then are the children of the earle of Hartford and consequently according to that which in the former fourth chapter hath bin declared she is to be preferred albeit the children of the said earle vvere legitimate Secondly they do affirme that the said children of the eatle of Hartford by the lady Catherin Gray many waies are illegitimate First for that the said lady Catherin Gray their mother was lawfully married before to the earle of Penbrok now liuing as hath bin touched and publike recordes do testifie and not lawfully seperated nor by lawful authority nor for iust causes but only for temporal and wordly respects for that the house of Suffolk was come into misery disgrace vvherby she remayned stil his true wife in deede and before God so could haue no lawful children by an other whiles he liued as yet he doth Agayne they proue the illegitimatiō of these children of the earle of Hartford for that it could neuer be lawfully proued that the said earle and the lady Catherin were married but only by their owne assertions vvhich in law is not holden sufficient for which occasion the said pretended marriage vvas disanulled in the court of arches by publique definitiue sentence of Doctor Parker archbishop of Canterbury and prymate of Ingland not long after the birth of the said children Further-more they do add yet an other bastardy also in the birth of lady Catherin her selfe for that her father lord Henry Gray marques of Docset was knowne to haue a lawful wife aliue vvhen he married the lady Francis daughter and heyre of the Queene of France of Charles Brandon duke of Suffolke and mother of this lady Catherin for obteyning of which great marriage the said marques put away his foresaid lawful vvife vvhich was sister to the L. Henry Fytzallen earle of Arondel vvhich disorder was occasion of much vnkindnes and hatred betweene the said marques and earle euer after But the power of the marques and fauour vvith king Henry in womens matters vvas so great at that tyme as the earle could haue no remedie but only that his said sister vvho liued many yeares after had an annuitye out of the said marques lands during her life liued some yeares after the said marques aftervvards made duke vvas put to death in Queene Maries tyme. These then are three waies by vvhich the family of Darby do argue the issue of Hartford to be illegitimate but the other two houses of Scotland and Clarence do vrge a former bastardy also that is common to them both to wit both against the lady Francis and the lady Eleanor for that the lord Charles Brandon also duke of Suffolk had a wife a liue as before hath bin signified when he married the lady Mary Queene of France by vvhich former wife he had issue the lady Powyse I meane the vvife of my lord Powyse of Poystlandes in VVales how long after the new marriage of her husband Charles Brandon this former vvife did liue I cannot set downe distinctly though I think it were not hard to take particuler information therof in Ingland by the register of the church wherin she vvas buried but the frēdes of the countesse of Darby do affirme that she died before the birth of L. Eleanor the second daughter though after the birthe of lady Francis and thereby they do seeke to cleare the familie of Darby of this bastardye and to lay al foure vppon the childen of Hartford before mentioned but this is easy to be knowne verified by the meanes before signified But now the frendes of Hartford do answere to al these bastardies that for the first two pretended by the marriages of the two dukes of Suffolk they saye that either the causes might be such as their deuorces with their former 〈◊〉 〈◊〉 be lawful and proue them no marriages and so giue them place to marrie againe or els that the said former wiues dyd dye before these dukes that had bin their husbands so as by a post-contract and second new consent giuen betweene the parties vvhen they vvere now free the said later marriages vvhich vvere not good at the begining might come to be lawful aftervvards according as the law permitteth notwithstanding that children begotten in suche pretēded marriages where one partye is alredy bounde are not made legitimat by subsequent trew marriage of their parentes this for the first two bastardies But as for the third illegitimation of the contract betweene the lady Catherin and the earle of Hartford by reason of a precontract made betweene the said lady Catherin and the earle of Penbroke that now liueth they saye and affirme that precontract to haue bin dissolued afterward lawfully and iudicially in the tyme of Queene Mary There remayneth then only the fourth obiectrō about the secret marriage made betweene the said lady Catherin and the earle of Hartford before the birth of their eldest sonne now called L. Beacham vvhich to say the truth seemeth the hardest pointe to be answered for albeit in the sight of God that marriage might be good and lawful if before their carnal knowledge they gaue mutual consent the one to the other to be man and vvife and vvith that mynde and intention had carnal copulation vvhich thing is also allowed by the late councel of Trent it selfe which disanulleth otherwise al clandestine and secret contracts in such states and countries vvher the authoritie of the said councel is receaued and admitted yet to iustifie these kide of marriages in the face of the church and to make the issue therof legitimate and inheritable to estates and possessions it is necessary by al law and in al nations that there should be some vvitnes to testifie this consent and contract of the parties before their carnal knowledge for that otherwise it should lye in euery particuler mans hand to legitimate any bastard of his by his only woord to the preiudice of others that might in equitie of succession pretend to be his heyres and therfore no doubt but that the Archbishop of Canterbury had great reason to pronounce this contract of the lady Catherin and the earle of Hartford to be insufficient and vnlawful though themselues did affirme that they had giuen mutual consent before of being man vvife and that they came together animo maritali as the law of wedlock requireth but yet for that they were not able to proue their said former consent by lawful vvitnesses their saide coniunction was rightly pronounced vnlawful and so I conclude that the first sonne of these tvvo parties
also of the houses of Scotland Suffolke that hold likewise of the house of Yorke and that for the reasons and argumēts vvhich in the former two chapters I haue set downe in particuler against euery one of them and shal here-after also againe those that remaine vvhich arguments and obiections or any of them if they should not be founde sufficient to exclude the said other houses then is the clayme of this house of Huntington therby made voide for that it is as vve see by the yonger childe of the house of Yorke that is to saye by the second brother so as if either the pretence of Lancaster in general be better thē that of Yorke or if in the house of Yorke it selfe any of the fornamed pretenders descended frō K. Edward the fourth as of the elder brother may hold or take place then holdeth not this title of Clarence for that as I haue said it cōming from the yonger brother must needes be grounded only or principally vppō the barring and excluding of the rest that ioyntly do pretēd of which barres and exclusions laid by this house of Clarence against the rest for that I haue spoken sufficiētly in the last two chapters going tefore for so much as toucheth the two houses of Scotland and Suffolk and shal do afterwards about the other two of Britanie and Portugal I meane in this place to omit to say any more therin only to consider vvhat the other competitors do alleage against this house of Clarence and especially agaynst the pretence of the earle of Huntington as chiefe titler therof for to the excluding of him do concurr not only those other of opposite houses but also the Pooles of his owne house as now vve shall see First then the contrary houses do alleage generally against al this house of Clarence that seing their clayme is founded only vppon the right of the daughter of George duke of Clarence second brother to K. Edward the fourth euident it is that so long as any lawful issue remayneth of any elder daughter of the said king Edward the elder brother as they say much doth and cannot be denyed no clayme or pretence of the yonger brothers daughter can be admitted and so by standing vppon this and answering to the obiections alleaged before against the elder houses they hold this matter for very cleere and al pretence of this house of Clarence vtterly excluded Secondly the same opposite houses do alleage diuers attainders against the principal heades of the house of Clarence vvherby their vvhole interests vvere cut of as namely it is to be shewed in three discents the one after the other to vvit in duke George himselfe the first head beginner of this house that was attainted and executed and then in the lady Margaret his daughter and heyre countesse of Salisbury and in like manner attaynted and executed thirdly in her sonne and heyre Henry Poole lord Monrague put also to death from vvhose daughters both the earle of Huntington his brethren vvith the children of Syr Thomas Barrington do descende and albeit some may say that the said house of Clarence hath bin since those attainders restored in blood yet reply these men that except it can be shewed that particuler mention was made of reabiliting the same to this pretence of succession to the crowne it vvil not be sufficient as in like manner they affirme that the same restoring in blood if any such were hath not bin sufficiēt to recouer the ancient landes and titles of honor which this house of Clarence had before these attainders for that they were forfeited therby to the crowne and so say these men was their forfeited therby in like manner vnto the next in blood not attainted this prerogatiue of succeeding to the crowne and cannot be restored againe by any general restauration in blood except special mention be made therof euen as vve see that many houses attainted are restored daylie in blood without restoremēt of their titles and dignities and a present example we haue in the earle of Arundel restored in blood but not to the title of duke of Norfolke and this saye the opposite houses against this house of Clarence But now thirdly entreth in also against the earle of Huntington the opposition of some of his owne house vvhich is of the issue of Syr Geffrey Poole brother to his grād father vvho say that vvhen the lord Henry Montague vvas put to death vvith his mother the countesse of Salisbury and therby both their pretences and titles cut of in them then fel al such right as they had or might haue vppō the said Sir Geffry Poole and not vppon his neece the lady Catherin daughter of the lord Henry his elder brother and mother of the earle of Huntingtō and this for three causes First for that he was not attainted and so vvhether we respect his grand-father duke George of Clarence or his great grand father duke Richard of York the saide right in this respect discended to him and secondly for that he vvas a degree neerer to the said dukes his ancestors then vvas at that tyme his neece Catherine vvhich right of neerest propinquitie say these men is made good lawful by al the reasons examples presidēts and authorities alleaged before in the fourth chapter of this conference in fauour of vncles before their nephewes and it shal not neede that vve speake any thing more of that matter in this place but only to remit your remembrance to that vvhich herein hath bin said before Fourthly they proue the same in fauour of Syr Geffrey for that the lady Catherin vvas a vvoman and Syr Geffrey a man vvhose priuilege is so great in a matter of succession as also hath bin touched before that albeit they had bin in equal degree and that Syr Greffrey were not a degree before her as he vvas yet seing neither of thē nor their fathers vvere euer in possessiō of the thing pretended Sir Geffrey should be preferred as hath bin shewed before by some presidents and shal be seene afterward in the case of Portugal wherin the king of Spaine that now is vvas preferred to the crowne for that respect only that his competitors vvere vvomen and in equal degree of discent vvith him and he a man And the very like allegation of propinquitie I haue hard produced for the lady Wenefred vvife of Syr Thomas Barrington if she be yet a-liue to wit that she is before the earle of Huntington and his brethrē by this reason of propinquitie in bloode for that she is one degree neerer to the stock then they Fiftly and lastely both these and other cōpetitors do alleage against the earle of Hūntington as an important and sufficient barr against his pretence the qualitie of his religion vvhich is as they say that he hath bin euer knowne to fauour those which commonly in Ingland are called Puritanes and not fauoured by the state but yet this