at his pleasure without law as Titus 〈◊〉 〈◊〉 for which cause the senators at length 〈◊〉 him and cut him in smal peces And aftervards they were greatly greeued at the entring of Seruius Tullius their sixt king for that he gaue the crowne by fraude and not by election of the senate and special approbation of the people as he should haue done but most of al they were exasperated by the proceeding of their seuenth kinge named Lucius Tarquinas surnamed the proud who for that as Liuius faith he neglected the lawes of gouerment prescribed no him by the common wealth as namely in that he consulted not with the senate in matters of great importance for that he made war peace of his owne head for that he appoynted to himselfe a gard as though he had mistrusted the people and for that he did vse ininstice to diuers particuler men and suffred his children to be insolent he was expelled with al his posterity and the gouerment of Rome changed from a kingdome vnto the regiment of consuls after two hundreth yeares that the other had endured And thus much for those kingdomes of Italy and Greece And if likewise we wil looke vppon other kingdomes of Europe we shal see the very same to wit that euery kingdome countrey hath his particuler lawes prescribed to their kings by the common vvealth both for their gouerment authority and succession in the same for if we behold the Romā Empire it selfe as it is at this day annexed to the Germaine electors though it be the first in dignity among christian Princes yet shal we see it so restrayned by particuler lawes as the Emperor can do much lesse in his state then other kings in theirs for he can nether make vvarr nor exact any contribution of men or money therunto but by the free leaue and consent of al the states of the Germayne diet or parlament and for his children or next in kynn they haue no action interest or pretence at al to succed in their fathers dignity but only by free electiō if they shal be thought vvorthy Nay one of the chiefest poynts that the Emperor must sweare at his entrance as Sleydan writeth is this that he shal neuer go about to make the dignity of the Emperor peculiar or hereditary to his family but leaue it vnto the seuen electors free in their power to chuse his successor according to the law made by the pope Gregory the fyfth and the Emperor Charles the fourth in this behalfe The kingdomes of Polonia Boemia do go much after the same fashion both for there restrainte of power and succession to their kings For first touching their authority they haue great limitation nether can they do any thing of great moment without the consent of certayne principal men called Palatines or Castellans nether may their children or next of blood succede except they be chosen as in the Empire In Spayne France and Ingland the priuileges of kings are far more eminent in both thes points for that both their authority is much more absolute and their next in blood do ordinarily succede but yet in different manner for as touching authority it semeth that the kings of Spayne and France haue greater then the king of England for that euery ordination of thes two kings is law in it selfe without further approbatiō of the common wealth which holdeth not in England where no general law can be made without consent of parlament but in the other pointe of succession it appeareth that the restraint is far greater in thos other two countries then in Ingland for that in Spayne the next in blood cannot succede be he neuer so lawfully descended but by a new approbation of the nobility and bishops and states of the Realme as it is expresly set downe in the two ancient councelles of Tolledo the fourth and fifth In confirmation wherof we see at this day that the king of Spaynes owne sonne cannot succede not be called Prince except he be first sworne by the said nobility and states in token of their new consent and so we haue seene it practized in our dayes towards three or fower of King Philips children which haue succeded the one after the other in the title of Princes of Spaine and at euery chainge a new oth required at the subiects handes for their admission to the said dignity which is not vsed in the kings children of France or Ingland In France the world knoweth how women are not admitted to succed in the crowne be they neuer so neare in blood nether any of their issue though it be male For which cause I doubt not but you remēber how king Edward the third of Ingland though he were sonne heyre vnto a daughter of France whose three brethren were kings and left hir sole heyre to hir father king Phillip the fourth surnamed the fayre yet vvas he put by the crowne as also was the king of Nauar at the same tyme who was sonne and heyre vnto this womans eldest brothers daughter named Lewis Huttin king of Ftance which king of Nauar therby seemed also to be before king Edward of Ingland but yet were they both put by it and Philip de Vallois a brothers sonne of Phillip the faire was preferred to it by general decree of the states of France and by vardit of the whole parlament of Paris gathered about the same affayre Nether did it auayle that the two kings a fore said alleaged that it was agaynst reason conscience and custome of al nations to exclud vvomen from the succession of the crowne which appartayned vnto them by propinquity of blood seing both nature God hath made them capable of such succession euery where as it appereth by example of al other nations and in the old testament among the people of god it selfe wher we see women haue bin admitted vnto kingdomes by succession but al this I say preuayled not vvith the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara infanta of Spayne vnto the said crowne of France though by dissent of blood ther be no question of her next propinquity for that she is the eldest child of the last kings eldest sister The like exclusion is made agaynst the Prince of Lorayne that now liueth though he be a man and nephew to the last king for that his title is by a woman to wit his mother that vvas yonger sister vnto the last king Henry of France And albeit the law called Salica by the Frenchmen by vertue vvherof they pretend to exclude the succession of vvomen be no very ancient law as the French themselues do confesse and much lesse made by Pharamond ther first king or in thos ancient tymes as others without ground do affirme yet do vve se that it is sufficient to bynd al Princes and subiects of
by al the states of that counttey but also a broad as namely of Maximilian the Emperor and approued also by the king of Denmarke and by al the Princes of Germany neere about that realme who saw the resonable causes which that common wealth had to proceed as it did And a litle before that the like was practised also in Denmarke agaynst Cisternus ther lawful king if we respect his discent in blood for he vvas sonne to king Iohn that reigned a fore him and crowned in his fathers life but yet afterwards for his intolerable cruelty he vvas depriued and driuen into banishment together with his vvife and three children al vvhich were disinherited his vncle Frederik Prince of Holsatia vvas chosen king whose progeni yet remayneth in the crowne the other though he were marryed to the sister of Charles the fifth last Emperor of that name and vvere of kyn also to king Henry the eight of Ingland yet could he neuer get to be restored but passed his tyme miserably partly in banishment and partly in prison vntil he dyed But it shal be best perhapps to ende this narration with an example or two out of Ingland it selfe for that no where els haue I read more markable accidents touching this poynt then in Ingland and for breuity sake I shal touch only two or three happened since the cōquest for that I wil go no higher though I might as appeareth by the exāple of K. Edwin others nether vvil I beginne to stand much vppon the example of king Iohn though wel also I might for that by his euel gouerment he made himselfe both so odious at home contemptible abroade hauing lost Normandy Gascony Guyenne and al the rest in effect which the crowne of Ingland had in France as first of al he vvas both excommunicated and deposed by sentence of the pope at the sute of his owne people and vvas inforced to make his peace by resigning his crowne into the handes of Pandulfe the popes legate as Polidor recounteth and afterwards faling back agayne to his old defects and naughtie gouerment albeit by his promise to the pope to go and make warr against the Turkes if he might be quiet at home and that his kyngdome should be perpetually tributary to the sea of Rome he procured him to be of his side for a tyme and against the Barōs yet that stayed not them to proceed to his depriuation which they did effectuate first at Canterbury and after at London in the eighteenth last yeare of king Iohns reigne and meant also to haue disinherited his sonne Henry which vvas afterward named king Henry the third and at that tyme a childe of eight yeares old only and al this in punishement of the father yf he had liued and for that cause they called into Ingland Lodouick the Prince of France sonne to king Philip the second and father to Saynt Lewis the nynth and chose him for their king and did sweare him fealtye with general consent in London the yeare of our Lord 1216. And but that the death of king Iohn that presently ensued altered the vvhole course of that designment and moued them to turne their purposes and accept of his sonne Henry before matters were fully established for king Lodowick it vvas most likely that France and Ingland would haue bin ioyned by thes meanes vnder one crowne But in the end as I haue said king Henry the third vvas admitted and he proued a very wor thi king after so euel as had gon before him and had bin deposed which is a circumstance that you must alwayes note in this narration and he reigned more yeares then euer king in Ingland did before or after him for he reigned ful 53. yeares left his sonne heyre Edward the first not inferior to himselfe in manhode vertue vvho reigned 34. yeares and left a sonne named Edward the second vvho falling into the same defects of gouerment or vvorse then king Iohn his great grandfather had donne was after 19. yeares reigne deposed also by act of parlament holden at London the yeare 1326. his body adiudged to perpetual prison in which he was at that present in the castle of vvallingford vvherher diuers both bishops Lordes knights of the Parlament vvere sent vnto him to denounce the sentence of the realme agaynst him to wit how they had deptiued him and chosen Edward his sonne in his place for vvhich act of choosing his sonne he thanked them hartely and vvith many teares acknowledged his owne vnwoorthines wheruppon he was digraded his name of king first taken from him and he appoynted to be called Edward of Carnaruan from that howre forward and then his crowne and ring were taken away and the steward of his house brake the stafe of his office in his presence and discharged his seruants of their seruice and al other people of ther obedience or allegeance toward him and towardes his mayntenance he had only a hundreth markes a yeare allowed for his expences and then was he delyuered also into the hands of certayne particuler keepers vvho led him prisoner from thence by diuers other places vsing him with extreme indignity in the way vntil at last they tooke his life from him in the castle of Barkley and his sonne Edward the third reigned in his place who if we respect eyther valor provvesse length of reigne acts of cheualry or the multitude of famous Princes his children left behinde him vvas one of the noblest kinges that euer Inglād had though he were chosen in the place of a very euel one as you haue séen But vvhat shal we say is this worthines vvhich God giueth commōly to the successors at thes changes perpetual or certayne by discēt no truly nor the example of one Princes punishment maketh an other to beware for the next successor after this noble Edward vvhich vvas king Richard the second though he were not his sonne but his sonnes sonne to wit sonne and heyre to the excellent and renounced black Prince of vvales this Richard I say forgetting the miserable end of his great grand father for euel gouerment as also the felicity and vertue of his father and grand father for the contrary suffered himselfe to be abused and misled by euel councellors to the great hurte disquietnes of the realme For vvhich cause after he had raigned 22. yeares he was also deposed by act of parlamāt holden in London the yeare of our Lord 1399. and condemned to perpetual prison in the castel of Pomfret vvher he was soone after put to death also and vsed as the other before had bin and in this mānes place by free electiō was chosen for king the noble knight Henry Duke of Lācaster who proued afterwards so notable a king as the world knoweth and vvas father to king Henry the fifth surnamed commonly the Alexander of Ingland for that
brothers sonne to Don Alonso the catholique vvas preferred and reigned peacably six yeares and then dying without issue for that the hatred of the spaniards was not yet ended against the memory of king Fruela they would not yet admit any of his generation but rather excluded them agayne the second tyme and admitted a brother in law of his named Don Silo that was married to his sister Dona Adosinda daughter to the fore said noble king catholique Alonso So that here we see twise the right heyres of king Don Fruela for his euel gouerment were put back But Don Silo being dead without issue as also Don Aurelio was before him and the Spaniards anger against king Fruela being now vvel assuaged they admitted to the kingdone his fore said sonne Don Alonso the yonger surnamed afterward the chast whom now twise before they had put back as you haue seene but now they admitted him though hisreigne at the first endured very litle for that a certayne bastard vncle of his named Don Mauregato by help of the moores put him out and reigned by force 6. yeares and in the end dying with out issue the matter came in deliberation againe whether the king Don Alonso the chaste that yet liued and had bin hidden in a monastary of Galitia during the tyme of the tyrāt should returne agayne to gouerne or rather that his cosen german Don vermudo sonne to his vncle the Prince Vimerano whom vve shewed before to haue byn slayne by this mans father king Fruela should be elected in his place And the realme of Spayne determined the second to vvit that Don Vermudo though he vvere much further of by propiuquity of blood and vvith in ecclesiastical order also for that he had bin made deacon should be admitted partly for that he vvas iudged for the more valiant and able Prince then the other vvho seemed to be made more acquainted now vvith the life of monkes and religious men then of a king hauing first bin brought vp among them for 10. or 12. yeares space vvhiles Don Aurelio and Don Silo reigned after the death of his father kinge Fruela and secondly agayne other six yeares during the reigne of the tyrant Mauregato for which cause they estemed the other to be fitter as also for the differēt memories of there tvvo fathers king Fruela and prince Vimerano wherof the first vvas hateful the other most deare as before hath bin declared nether do any of the foure ancient Bishops historiographers of Spayne to wit that of Toledo Besa Salamanca or Ture that liued al about those dayes wrote the storie reprehend this fact of the realme of spaine or put any doubt whether it were lawful or no for the causes before recited Trew it is that after three yeares reigne this king Vermudo being weary of kingly life and feeling some scruple of conscience that being deacon he had forsaken the life ecclesiastical and maryed though by dispensation of the pope as Morales sayeth and entangled himselfe vvith the affaires of a kingdome he resigned vvillingly the gouerment vnto his said Cosen Don Alonso the chast and himselfe liued after a priuate life for diuers yeares but this Don Alonso vvho now the fourth tyme had bin depriued of his succession as you haue seene deceaued the expectation of the spaniards that accoūpted him a monke for he proued the most valiāt and excellent king that euer that nation had both for his vertue valor victories against the moores buylding of townes castells churches Monasteries and other such workes of Christianity as Morales recounteth and be reigned after this his last admission one and fyftie yeares had great frendship vvith king Charles the great of France who liued in the same tyme with hym And this man among other most noble exploites so tamed the Moores of his country as during his dayes he neuer paid that cruel and horrible tribute which before after was paide by the christians to the Moores which was a hundred yong maidens and fiftie sonnes of Gētlemen euery yeare to be brought vp in the religiō of Mahomet amōg those infidel tyrants And finally this man after so much afflictiō came to be one of the most renoumed Princes of the world After this Don Alonso vvho left no children for that he would neuer marry but liued al his life in chastitye ther succeded to him by electiō his nephew named Don Ramiro sonne to the former said king Don Vermudo the deacon that gaue this man the crowne as you haue hard of whose electiō morales writeth these woords Muerto el Rey Don Alonso el casto fue eligido por los 〈◊〉 y grandes del reyno el Rey Don Ramiro primero deste nombre hyio del Rey Don vermudo el diaeono That is the king Don Alōso the chast being dead ther vvas chosen king by the Prelates nobility of the realme Don Ramiro the first of this name sonne of king Vermudo the deacon who resigned his crowne to Don Alonso and it is to be noted that albeit this Don Ramiro vvas next in blood to the succession after the death of his vncle Don Alonso without children yet vvas he chosen by the states as here it is said in expresse vvordes Moreouer it is to be noted that albeit this author Ambrosio Morales and other spanish writers do say that in the tyme of this king Ramiro the law of succession by propinquity in blood vvas so reuiued and strongly confirmed that as the kingdome of Spayne was made as Maiorasgo as he termeth it which is an inheritance so intayled and tyed only to the next in blood as ther is no possibility to alter the same and that frō this tyme forward the king alwayes caused his eldest sonne to be named king or Prince so euer to be sworne by the realme nobilitie yet shal vve find this ordinance and succession oftentymes to haue byn broken vppon seueral considerations as this author himselfe in that very chapter confesseth As for example after foure discents from this man vvhich were Don Ordonio the first this mans sonne and Don Alonso the third Don Garzia and Don Ordonio the second al fower kings by orderly succession it happened that in the yeare of christ 924. Don Ordonio the second dying left foure sonnes and one daughter lawfully begotten and yet the state of spayne displaced them al and gaue the kingdome to ther vncle Don Fruela second brother to there father Don Ordonio and morales sayeth that ther appeareth no other reason heerof but only for that these sonnes of the king disceased vvere yong and not so apt to gouerne vvel the realme as ther vncle was But after a yeares reigne this king Fruelae dyed also left diuers children at mans estate and then did the spaniards as much agaynst them as they had done for him before against the children of his elder brother
For they put them al by the crowne chose for their king Don Alonso the fourth which vvas eldest sonne to Don Ordonio the second before named that had bin last king sauing one and this man also I meane Don Alonso the fourth leauing afterward his kingdome and betaking him selfe to a religious habit offered to the commō wealth of spaine his eldest sonne lawfully begotten named Dō Ordonio to be there king but they refused him and tooke his brother I meane this kings brother and vncle to the yong Prince named Don Ramiro who reigned 19. yeares and vvas a most excellent king and gayned Madrid from the Moores though noted of crueltie for imprisoning pulling out the eyes afterward of this king Don Alonso the 4. and al his children and nephewes for that he would haue left his habit and returned to be king againe But this fact my author Morales excuseth saying that it vvas requisire for peace and safty of the realme so as heere you see two most manifest alteratiōs of lineal succession together by order of the common wealth Furthermore after this noble king Dō Ramiro the second succeded as heyre apparent to the crowne his elder sonne Don Ordonio the third of this name in the yeare of our Sauiour 950. but this succession indured no longer then vnto his owne death which vvas after 7. yeares for then albeit he left a sonne named el enfante Don Vermudo yet he was not admitted but rather his brother Don Sancho the first of this name surnamed el Gordo vvho was vncle to the yong Prince and the reason of this alteration Morales giueth in thes wordes el succeder en el regno al hermano fue por la racon ordinaria de ser el enfante Don Vermudo nīno y no bastante para el gouierno y difença de la terra Which is the cause why the kings brother and not his sonne succeded in the crowne vvas for the ordinary reason so often before alleaged for that the infant or yong Prince Vermudo vvas a little child and not sufficient for gouerment and defence of the countrey Truth it is that after this Don Sancho had reigned and his sonne and heyre named Don Ramiro the third after him for the space of 30. yeares in all then was this youth Don Vermudo that is now put back called by the realme to the succession of the crowne and made kinge by the name of king Vermudo the second vvho left after him Don Alonso the 5. and he agayne his sonne Don Vermudo the third who marying his sister Dona Sancha that was his heire vnto Don Fernando first earle then king of Castile who was second sonne to Don Sancho Mayor king of Nauarr as before hath bin said he ioyned by thes meanes the kingdomes of Leon and Castile together which were seperat before and so ended the line of Don Pelayo first Christian king of Spaine after the entrance of the Moores which had endured now three hundreth yeares and the blood of Nauarr entred as you see and so continued therin vntil the entrance of those of Austria as before hath bin said which was almost 5. hundreth yeares together And thus much I thought good to note out of the stories of Spaine for this first discent of the spanish kings after the entrance of the Moores nether meane I to passe much further both for that it would be ouer long as also for that myne author Morales who is the most diligent that hath writen the chronicles of that natiō endeth heere his story with king Vermudo the third and last of the Gotish bloode Notwithstanding if I would go on further ther would not vvant diuers euident examples also to the same purpose which Stephen Garabay an other chonicler of Spaine doth touch in the continuation of this story vvherof for examples sake only I wil name tvvo or three among the rest And first about the yeare of Christ 1201. ther was a mariage made by king Iohn of Inglād for Dona Blancha his neece that is to say the daughter of his sister Dame Elinor and of Don Alonso the 9. of that name king and Queene of spaine which Blancha was to mary the Prince of Frāce named Luys sonne heyre to king Phillip surnamed Augustus which Luys was after-ward king of France by the name of Luys the 8. was father to Luys the 9. surnamed the saint This lady Blancha vvas neece as I haue said vnto king Iohn and to king Richard the first of Inglād for that her mother lady Elenor was ther sister and daughter to king Henry the second and king Iohn made this mariage ther by to make peace with the French and was content to giue for hir dowrey for that he could not tel how to recouer them agayne al those townes countres which the said king Phillip had taken vppon the Inglish by this kings euel gouerment in Normandie and Gasconie and more ouer promisse was made that if the Prince Henry of spayne that vvas the only brother to the said Lady Blāch should dye without issue as after he did then this lady should succede in the crowne of Spaine also but yet afterward the state of Spayne would not performe this but rather admitted her yonger sister Dona Berenguela maried to the Prince of Leon and excluded both Blanch and her sonne the king S. Luys of France agaynst the euident right of succession and propinquity of blood the only reason they yealded hereof vvas not to admitt strangers to the crowne as Garabay testifieth This hapned then and I do note by the way that this Dona Berenguela second daughter of Queene Elenor the Inglish woman was married as hath bin said to the Prince of Leon and had by him Don Fernando the third of that name king of Castilia surnamed also the saint so as the two daughters of an Inglish Queene had two kings saints for ther sonnes at one tyme the elder of France and the yonger of Spayne After this againe about threescore yeares the Prince of Spayne named Don Alonso surnamed de la cerda for that he was borne with a great gristle heare on his brest called cerda in spanish which Don Alonso was nephew to the king Fernando the saint maried with the daughter of sainct Luys king of France named also Blantha as her grand mother was and had by her two sonnes called Alonso Hernando de la cerda as the Prince their father was named vvhich father of thers dying before the king the grand father left them commended to the realme as lawful heyres apparent to the crowne yet for that a certayne vncle of thers named Don Sancho yonger brother to their father which Do Sancho was surnamed afterward el brauo for his valor and vvas a great warrier and more like to manage vvel the matters of warr then they he was madde heyre
the longest liuer should haue al wheruppon the said Canutus tooke the tvvo children of king Edmond Ironside named Edmond and Edward and sent them ouer into Sweuelād which at that tyme vvas subiect also vnto him and caused them to be brought vp honorably of vvhich two the elder named Edmond dyed without issue but Edward vvas maried and had diuers children as after shal be touched Etheldred and his sonne Edmond being dead Canutus the Dane was admitted for king of England by the vvhole parlament consent side as hath bin said and this the third breache of lineal discent But this notwithstanding Alerud being slayne prince Edward was made king tanta publica laetitia saith Polidor vt certatim pro eius faelici principatu cuncti vota facercnt That is he vvas made king vvith such vniuersal ioy and contentment of al men as euery man contended who should pray and make most vowes to God for his happie reygne and according to this was the successe for he vvas a most excellent prince and almost miraculously he reygned with great peace and void of al war at home and a broad for the space of almost 20. yeares after so infinit broyles as had bin before him and insued after hym and yet his title by succession can not be iustified as you see for that his eldest brothers sonne was the aliue to wit prince Edward surnamed the outlaw vvho in this kinges reygne came into Ingland and brought his vvife and three lawful children with him to wit Edgar Margaret Christian but yet vvas not this good king Edward so scrupulous as to giue ouer his kingdome to any of them or to doubt of the right of his owne title vvhich he had by election of the common wealth against the order of succession This king Edward being dead without issue Polidor saith that the states made a great consultation whom they should make king and first of al it semeth they excluded him that was only next by propinquity in blood vvhich vvas Edgar Adelin fonne to the said prince Edward the outlaw now departed and nephew to king Edmond Ironside and the reason of this exclusion is alleaged by Polidor in thes vvordes is puet id aetatis nondum regno gubernando maturus erat That is he bing a child of so smale yeares vvas not ripe enough to gouerne the kingdome and then he saith that Harald sonne of Earle Goodwin by the daughter of Canutus the first proclaymed himselfe king and more ouer he addeth Non displicait omnino id factum populo qui plurimum spei in Haraldi virtute habebat itaque more maiorum sacratus est vvhich is this fact of Harald displeased not at al the people of Ingland for that they had great hope in the vertue of this Harald so vvas he annoynted and crowned according to the fassion of the anciēt kings of Ingland by which vvordes vve may fee that Harald had also the approbation of the realme to be king notwith standing that lytle Edgar vvas present as hath bin said so as this was the fourth breach of succession at this tyme. But in the meane space William Duke of Normandy pretended that he vvas chosen before by king Edward the Confessor and that the realme had giuen their consent therunto and that king Edward left the same testified in his last wil and testament and albert none of our Inglish authors do auow the same cleerly yet do many other forrayne writers hold it and it semeth very probable that some such thing had past both for that duke William had many in Ingland that did fauor his pretence at his entrance as also as Girard in his French storie saith that at his first comming to London he punished diuers by name for that they had broken their othes and promises in that behalfe And moreouer it appereth that by alleaging this title of election he moued diuers princes abroade to fauour him in that action as in a iust quarrel vvhich is not like they should haue done if he had pretended only a conquest or his title of consanguinity vvhich could be of no importance in the vvorld for that effect seing it was no other but that his grand father and king Edwards mother vvere brother and sister which could giue him no pretence at al to the succession of the crowne by bloode and yet vve see that diuers princes did assist him and among others the French chronicler Girard so often named before vvriteth that Alexander the second pope of Rome vvhos holines vvas so much estemed in those dayes as one Constantinus Afer wrote a booke of his miracles being informed by Duke William of the iustnes of his pretence did send him his benediction and a precious ring of gold vvith a hallowed banner by vvhich he gott the victory thus writeth Girard in his French chronicles and Antoninus Archbishop of Florence surnamed Sainct vvriting of this matter in his chronicles speaketh great good of William Cōqueror and commendeth his enterprise But howsoeuer this was the victory vve se he gat and God prospered his pretence and hath confirmed his of spring in the crovvne of Ingland more then 500. yeares together so as now accounting from the death of king Edmond Ironside vnto this man we shal finde as before I haue said in lesse then 50. yeares that 5. or 6. kings vvere made in Ingland one after another by only authority and approbation of the common wealth contrary to the ordinary course of lineal succession by propinquitie of blood And al this is before the conquest but if vve should passe any further downe we should finde more examples then before For first the two sonnes of the Conqueror himselfe that succeded after him to vvit william Rufus and Henry the first were they not both yonger brothers to Robert Duke of Normandie to whom the most part of the realme vvas inclined as Polydor sayth to haue giuen the kingdome presently after the Conquerors death as devv to him by succession notwithstanding that VVilliam for particuler displeasure against his elder sonne had ordeyned the contrary in his testament But that Robert being absent in the war of Hierusalem the holy and lerned man Lanfranke as he vvas accompted then Archbishop of Canterbury being deceaued vvith vaine hope of VVilliam Rufus good nature perswaded them the contrary who vvas at that day of high estemation authority in Ingland and so might induce the realme to do what he liked By like meanes gat Henry his yonger brother the same crowne afterwards to wit by faire promises to the people and by helpe principally of Henry Newborow Earle of warwick that dealt with the nobility for him and Maurice bishop of London with the cleargie for that Anselme Archbishop of Cantetbury vvas in banishment Besides this also it did greatly healpe his cause that his elder brother Robert to vvhom the crowne by right apperteyned vvas absent againe
solemnities and feastes that were celebrated at ther seueral natiuities so as it seemeth ther can be no ertor in this matter The 2. reason is for that we read that this Lord Edmond was a goodly vvise and discreet prince notwithstanding that some authors cal him crokback and that he vvas highly in the fauour both of his father king Henry as also of his brother king Edward and employed by them in many great warres and other affayres of state both in France other where vvhich argueth that ther was no such great defect in him as should moue his father and the realme to depriue him of his succession Thirdly vve reade that king Henry procured by diuers waies and meanes the aduancement of this L. Edmond as giuing him the earldomes of Lecester Darby besides that of Lancaster as also procuring by al meanes possible with exceding great charges to haue him made king of Naples Sicilie by pope Innocentius which had bin no pollicy to haue done if he had bin put back from his inheritance in Ingland for that it had bin to haue armed him against his brother the king Fourthly we see that at the death of his father king Henry the third this Lord Edmond vvas principally left in charge with the realme his elder brother prince Edward being scarsly returned frō the warr of Asia at what tyme he had good occasion to chalēg his owne right to the crowne if he had had any seing he wanted no power therūto hauing three goodly sonnes at that tyme aliue borne of his wife Queene Blanch dowager of Nauarre vvho had bin marryed before to Henry king of Nauarre and contie of Champaine to whom she had borne only one daughter that vvas marryed to Phillip le bel king of France But vve shal neuer reade that either he or any of his children made any such clayme but that they liued in very good agreement high grace vvith king Edward the first as his children did also vvith king Edward the second vntil he began to be mis-led in gouerment and then the two sonnes of this Lord Edmond I meane both Thomas and Henry that successiuely vvere earles of Lancaster made vvarr vppon the said Edward the second and vvere the principal doers in his deposition in setting vp of his sonne Edward the third in his place at vvhat tyme it is euidēt that they might haue put in also for themselues if there title had bin such as this report maketh it A fift reason is for that if this had bin so that Edmond earle of Lancaster had bin the elder brother then had the controuersie betweene the two houses of York and Lancaster bin most cleare and vvithout al doubt at al for then had the house of Yorke had no pretence of right in the vvorlde and then vvere it euident that the heyres general of Blanch duchesse of Lancaster vvife of Iohn of Gaunt to wit the discendentes of lady Phillip her daughter that vvas marryed into Portugal these I say and none other were apparent and true heyres to the crowne of Ingland at this day and al the other of the house of Yorke vsurpers as wel king Henry the 7. as al his posterity ofspring for that none of them haue 〈◊〉 of the said Blanch as is manifest And therfore lastly the matter standeth no doubt as Polidor holdeth in the later ende of the life of king Henry the third vvhere hauing mētioned these two sonnes Edward Edmōd he addeth these wordes Ther wanted not certayne men long tyme after this that affirmed this Edmond to be the elder sonne to king Henry the third and to haue bin depriued of his inheritance for that he was deformed in body but these thinges were feyned to the end that king Henry the fourth that came by his mothers side of this Edmond might seeme to haue come to the kingdome by right whereas in decd he gat it by force Thus saith Polidor in this place but aftervvard in the begining of the life of the said K. Henry the 4. he sayeth that some vvould haue had king Henry to haue pretended this title among other reasons but that the more part accompting it but a meare fable it vvas omitted Novv then it being cleere that of these two sonnes of king Henry the third prince Edward vvas the elder and lawful heyre it remayneth only that vve set downe their seueral discents vnto the tymes of king Edward the third and his children in whose dayes the dissention controuersie betweene these royal houses of Yorke and Lancaster began to break fourth And for the issue of Edward that vvas king after his father by the name of king Edward the first it is euident that albeit by two seueral vviues he had a dosen children male and femal yet only his fourth sonne by his first vvife called also Edward vvho vvas king after him by the name of king Edward the second left issue that remayned which Edward the second being afterward for his euel gouerment deposed left issue Edward the third vvho vvas made king by election of the people in his place and after a long and prosperous reigne left diuers sonnes vvherof after vve shal speak and among them his third sonne named Iohn of Gaunt married lady Blanch daughter and heyre of the house of lancaster and of the fornamed Lord Edmond Crouchback by vvhich Blanch Iohn of Gant became duke of lancaster so as the lines of these tvvo bretheren Edward and Edmond did meete and ioyne againe in the fourth discent as novv shall appeare by declaration of the issue of the foresaid L. Edmond Edmond then the second sonne of K. Henry the third being made county palatine of Lancaster as also earle of Lecester and of Darby by his father king Henry as hath bin said had issue three sonnes to vvit Thomas Henry and Iohn among vvhom he deuided his three states making Thomas his eldest sonne county palatine of Lancaster Henry earle of Lecester Iohn earle of Darby But Thomas the eldest Iohn the yongest dying vvithout issue al three states fel againe vppon Henry the second sonne vvhich Henry had issue one fonne and three daughters his sonne vvas named Henry the second of that name earle of Lancaster and made duke of Lancaster by king Edward the third and he had one only daughter heyre named Blanch vvho vvas marryed vnto Iohn of Gant as before hath bin said But Duke Henries three sisters named Ioan Mary and Elenor vvere al marryed to diuers principal men of the realme for that Ioan vvas marryed to Iohn L. Maubery of vvhom are descended the Howards of the house of Norfolk at this day and Mary vvas marryed to Henry lord Pearcy from vvhom cometh the house of the Earles of Northumberland and Elenor vvas married to Richard earle of Arundel vvhence is issued also by his mothers side the Earle of Arundel that novv is so as of this
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
To the last pointe of religion they answer that this impediment is not vniuersal not admitted in the iudgment of al men but only of those Inglish that be of different religion from her But to some others and those many as these men do vveene her religion vvil rather be a motiue to fauour her title then to hinder the same so that on this ground no certaintie can be buylded and this is as much as I haue to say at this tyme of these two families of Clatence and Britanie OF THE HOVSE OF PORTVGAL VVHICH CONTEYNETH THE CLAYMES AS VVEL OF the king and prince of Spayne to the succession of Ingland as also of the dukes of Parma and Bragansa by the house of Lancaster CAP. VIII IT hath bin oftentymes spoken before vppon occasions offred that the princes of the house of Portugal at this day do persuade thēselues that the only remaynder of the house of Lancaster resteth among them as the only true heyres of the lady Blanch duchesse and heyre of Lancaster first wife of Iohn of Gaunt which pointe of these princes descents from the said duchesse of Lancaster though it be declared sufficiently before in the third and fourth chapters yet wil I briefly here also set downe and repeat agayne the reasons therof vvhich are these that follow Iohn of Gaunt vvas duke of Lancaster by the right of his first vvife lady Blanch and had by her only one sonne as also one daughter of vvhom vve neede heere to speake for that the other hath left no issue now liuing The sonne vvas king Henry the fourth vvho had issue king Henry the fift and he agayne Henry the sixt in vvhom vvas extinguished al the succession of this sonne Henry The daughter of Iohn of Gaunt by lady Blanch vvas called Phillip vvho vvas married to Iohn the first king of that name of Portugal vvho had issue by him king Edward and he agayne had issue king Alfonsus the fift king of Portugal and he and his ofspringe had issue agayne the one after the other vntil our tymes and so by this marriage of lady Phillip to their first king Iohn these princes of the house of Portugal that liue at this day do pretende that the inheritance of Lancaster is only in them by this lady Phillip for that the succession of her elder brother king Henry the fourth is expired long ago This is effect is their pretence but now vve vvil passe on to see vvhat others say that do pretend also to be of the house of Lancaster by a latter marriage Iohn of Gaunt after the death of his first vvife lady Blanch dyd marrye againe the lady Constance daughter of king Peter surnamed the cruel of Castile and had by her one daughter only named Catherin vvhom he married afterward back to Castile againe giuing her to vvife to king Henry the third of that name by vvhom she had issue king Iohn and he others so as lineally king Philippe king of Spayne is descēded from her vvhich king Phillip being at this day king also of Portugal and the cheife titler of that house vnto Ingland he ioyneth the inheritance of both the two daughters of Iohn of Gaunt in one so we shal not neede to talk of these two daughters hearafter distinctly but only as of one seing that both their discents do end in this one man The only difficultie and dissention is then about the issue of the third marriage vvhich vvas of Iohn of Gaunt vvith lady Catherin Swinford whom he first kept as a Concubine in the tyme of his second wife lady Constance as before hath bin shewed in the third chapter and begat of her fower children and after that his wife lady Constance vvas dead he tooke her to vvife for the loue he bare to his children a litle before his death and caused the said children to be legitimated by authority of parlament and for that none of these fower children of his haue left issue but only one that vvas Iohn earle of Somerset we shal speake only of him ommitting al the rest This Iohn then earle of Somerset had issue an other Iohn which was made duke of Somerset by king Henry the sixt who vvith his three sonnes vvere slayne by the princes of the house of Yorke in the quarrel of Lancaster so left only one daughter named Margaret who by her husbād Edmond Tydder earle of Richmond vvas Countesse of Richmond had by him a sonne named Henry earle of Richmond that was after king by the name of king Henry the senenth and from him al his discendents both of the house of Scotland and Suffolke do pretend also to be of the house of Lancaster which yet can be no otherwise then now hath bin declared to wit not from Blanch first wife heyre of the duchy of Lancastee but frō Catherin Swinford his third wife vvherin riseth the question vvhether those men I meane king Henry the seuēth his discendents may properlie be said to be of the true house of Lancaster or no wherunto some do answere vvith a distinctiō to wit that to the duchy of Lācaster wherof the first wife lady Blāch was heire these of the third marriage cannot be heyres but only the remaynder of the issue of the said lady Blanch that resteth in the princes of the house of Portugal But yet to the title of the crowne of Inglande which came by Iohn of Gaūt himselfe in that he vvas third sonne of K. Edward the third and eldest of al his children that liued vvhen the said king Edward dyed by vvhich is pretended also that he should haue succeded immediatly after him before king Richard the secōd as before in the fourth chapter hath bin declared to this right I saie to this interest of the crowne which came by Iohn of Gaunt himselfe not by lady Blāch or by any other of his wiues the discendents of king Henry the seuenth do say that they may and ought to succede for that Iohn earle of Somerset eldest sonne of Iohn of Gaunt by lady Catherin Swinford though he vvere begotten out of matrimony yet being afterward made legitimate he vvas to inherite this right of Iohn of Gaunt his father before the lady Phillip his sister for that so vve see that king Edvvard the sixt though yonger and but halfe brother vnto the lady Mary and Elizabeth his sisters yet he inherited the crowne before them and in like manner is lord Phillippe prince of Spaine at this daye to inherite al the states of that crowne before his two sisters that be elder then he so likewise saye these men ought Iohn of Somerset to haue donne before Phillippe his eldest sister if he had bin aliue at that tyme vvhen king Henry the sixt vvas put downe and dyed and consequently his posterity vvhich are the discendents of king Henry the seuenth ought to enioye the same before the princes
of Portugal that are the discēdents of Lady Phillippe his sister thus say the issue of king Henry the seuenth But to this the princes of the house of Portugal do reply and say first that by this it is euident at least that the dukedome of Lancaster vvherof the lady Blanch vvas the only heyre must needs apperteyne to them alone and this vvithout al doubt or controuersie for that they only remaine of her issue after extinguishing of the posterity of her elder brother K. Henry the fourth which vvas extinguished by the death of king Henry the sixt and of his only sonne prince Edward and for this they make no question or controuersie assuring themselues that al law right and equity is on their side Secondly touching the succession and right to the kingdome they saye that Iohn earle of Somerset being borne out of Wedlock and in adultery for that his father had an other vvife aliue vvhen he begatt him and he continuing a bastard so many yeares could not be made legitimate afterward by parlament to that effect of succession to the crowne and to depriue Queene Phillip of Portugal and her children borne before the others legitimation frō their right and succession vvithout their consents for that Iohn king of Portugal did marry the said lady Phillip vvith condition to enjoy al prerogatiues that at that day vvere due vnto her and that at the tyme vvhen Iohn of Gaunt did marry the said lady Catherine Svvinford made her children legitimate by act of parlament vvhich vvas in the yeare of Christ 1396. and 1397. the said lady Phillip Queene of Portugal had now tvvo sonnes liuing named don Alon so and don Edwardo vvhich vvere borne in the yeares 1390. and 1391. that is six yeares before the legitimation of Iohn earle of Somerset and his brethren and therby had ius acquisitum as the law saith vvhich right once acquired and gotten could not be taken away by any posterior act of parlament afrervvard vvithout consent of the parties interressed for vvhich they do alleage diuers places of the canon law vvhich for that they hold not in Ingland I do not cite but one example they put to shew the inconuenience of the thing if it should be otherwise determined then they affirme vvhich is that if king Henry the eight that had a bastard sonne by the lady Elizabeth Blunt vvhom he named Henry fitzroy made him both earle of Notingham and duke of Richmond and Somerset in the 18. yeare of his reigne at vvhat tyme the said king had a lawful daughter a liue named the princesse Mary by Queene Catherin of Spayne if I say the king should haue offred to make this sonne legitimate by parlament with intent to haue him succeede after him in the crowne to the preiudice and open iniury of the said lawful daughter these men do say that he could not haue done it and if he should haue done it by violence it would not haue held and much lesse could Iohn of Gaunt do the like being no king Nor was the act of parlament sufficiēt for this pointe it being a matter that depended especially say these men of the spiritual court and of the Canon law which law alloweth this legitimation no further but only as a dispensation and this so farforth only as it doth not preiudice the right of any other Nether helpeth it any thing in this matter the matriage of Iohn of Gaunt with lady Catherin for to make better this legitimation for that as hath bin said their children vvere not only naturales but Spurij that is to saye begotten in playne aduoutrie and not in simple fornication only for that the one partie had a wife a liue and consequently the priuelege that the law giueth to the subsequent marriage of the parties for legitimating such children as are borne in simple fornication that is to say betweene parties that vvere single and none of them married can not take place here so as these men conclude that albeit this legitimation of parlament might serue them to other purposes yet not to depriue the princes of Portugal of their prerogatiue to succede in their mothers right which she had vvhen she vvas married to their father And this they affirme to haue bin law and right at that tyme if the said Queene Phillip earle Iohn had bin aliue together vvhen Henry the sixt and his sonne vvas put to death that this questiō had bin then moued at the deathe of king Henry the sixt whether of the two to vvit either the said Queene Phillip or her yonger brother Iohn earle of Somerset by the fathers side only should haue succeded in the inheritance of king Henry the sixt in vvhich case these men presume for certaine that the said Queene Phillippe legitimatly borne and not Iohn made legitimate by parlamēt should haue succeded for that by common course of law the children legitimated by fauour albeit their legitimation vvere good and lawful as this of these children is denyed to be yet can they neuer be made equal and much lesse be preferred before the lawful and legitimate by byrthe But now say these men the case standeth at this present somewhat otherwise and more for the aduantage of Queene Phillippe and her ofspring for vvhen king Henry the sixt his sonne were extinguished and Edward duke of Yorke thrust hym selfe in to the crowne which vvas about the yeare of Christ 1471 the foresaid two princes lady Phillip and earle Iohn vvere both dead as also their children and only their nephewes vvere aliue that is to saye their liued in Portugal king Alfonsus the fift of that name sonne to king Edward vvhich Edward vvas child to Queene Phillip and the death of king Henry the sixt of Ingland happened in the 38. yeare of the reigne of the said king Alfonsus and in Inglād liued at the same tyme lady Margaret Countesse of Richmond mother of king Henry the seuenthe and neece of the foresaid Iohn earle of Somerset to vvit the daughter of his sonne duke Iohn of Somerset so as these tvvo competitors of the house of Lancaster that is to say king Alfonsus and lady Margaret were in equal degree from Iohn of Gaunt as also from king Henry the sixt sauing that king Alfonsus vvas of the vvhole blood as hath bin said and by Queene Phillip that vvas legitimate and the countesse of Richmond vvas but of the halfe blood as by Iohn earle of Somerset that vvas a bastard legitimated The question then is which of these tvvo should haue succeded by right of the house of Lancaster immediatly after the death of king Henry the sixt and the lady Margaret alleageth that she vvas descended from Iohn earle of Somerset that vvas a man and therfore to be preferred and king Alfonsus alleaged that he being in equal degree of neernes of blood with the same countesse for that both vvere nephewes he vvas to be preferred
before her for that he was a man and of the vvhole blood to the last kings of the house of Lancaster and that she was a vvoman and but of the halfe blood so that three prerogatiues he pretended before her First that he vvas a man and she a vvoman and secondly that he descended of the lawful and elder daughter and she of the yonger brother legitimated and thirdly that he vvas of vvhole blood and she but of halfe and for better fortifying of this proofe of his title these men do alleage a certayne case determyned by the learned of our dayes as they say vvherin for the first of these three causes only the succession to a crowne vvas adiudged vnto king Phillip of Spayne to vvit the succession to the kingdome of Portugal vvhich case was in al respects correspondent to this of ours for that Emanuel king of Portugal had three children for so much as apperteyneth to this affaire for afterward I shal treat more particulerly of his issue that is to say two sonnes and one daughter in this order Iohn Elizabeth and Edward euen as Iohn of Gaunt had Hēry lady Philippe and Iohn Prince Iohn of Portugal first child of king Emanuel had issue an other Iohn and he had Sebastian in whom the line of Iohn the first child vvas extinguished but Iohns sister Elizabeth vvas married to Charles the Emperor had issue K. Phillip of Spayne that now liueth Edward also yōger brother to Elizabeth or Isabel had issue two daughters the one married to the duke of Parma the other to the duke of Bragansa so as king Phillip vvas in equal degree vvith these ladies in respect of king Emanuel for that he vvas sonne to his eldest daughter and the two duchesses vvere daughters to his yonger sonne vppon this rested the question vvhich of these should succeede and it vvas decided that it apperteyneth vnto king Phillip for that he vvas a man and his mother vvas the elder sister though if king Phillips mother and the two duchesses father I meane lord Edward of Portugal had bin aliue together no doubt but that he beinge a mā should haue borne it away vvhich these men say holdeth not in our case but is much more to our aduantage for that it hath bin shewed before that if Queene Phillippe had bin aliue vvith earle Iohn of Somerset at the death of king Henry the sixt she should haue bin preferred as legitimate by birth and therfore much more ought her nephew king Alfonsus to haue bin preferred afterward in that he vvas a man before the neece of the said earle Iohn of Somerset that vvas but a vvoman thus farr they And besides all this they do adde as often before I haue mentioned that king Alfonsus vvas of the vvhole blood vnto al the three king Henries of the house of Lancaster the countesse of Richmond vvas but of the halfe blood and for more strengthening of this argument they do say further that besides that interest or right to the crowne vvhich king Henry the fourth that vvas the first king of the house of Lancaster had by his father Iohn of Gaunt in that the said Iohn vvas third sonne of king Edward the third the said king Henry had diuers other interestes also which came of himselfe only and not from his said father as vvere for example his being called into the realme by general voyce of al the people his right gotten by armes vppon the euil gouerment of the former king the personal resignation and deliuery of the kingdome by solemne instrument made vnto him by king Richard his election also by parlament coronation by the realme and finally the quiet possession of him and his posteritie for almost threescore yeares vvith many confirmations of the whole realme by diuers acts of parlament othes and other assurāces as the world knoweth so many I meane and so autētical as could possibly be deuised or giuen and besides al this that vvhen king Richard vvas dead he vvas next in degree of propinquitie vnto him of any man liuing for that the sonnes of Roger Mortimer vvere two degrees further of then he as hath bin shewed before Al vvhich particuler rightes and interestes vvere peculier to Henry the fourth his person and vvere not in his father Iohn of Gaunt and therfore cannot possibly discend from him left by the last duke of Parma lord Ranutius that is now duke of Parma and lord Edward that is Cardinal and the lady Catherine duchesse of Bragansa that yet liueth hath issue diuers goodly princes as the lord Theodosius that is now duke of Bragansa and three yonger brothers to vvit Edward Alexander and Phillip al yong princes of great expectation and these are the children of king Emanuel vvhose particuler successions and issues I shall declare somwhat more yet in particuler Prince Iohn of Portugall afterward king by name of king Iohn the third had issue an other Iohn that vvas prince of Portugal but dyed before his father and left a sonne named Sebastian vvho vvas king and slayne afterward by the Moores in Barbary and so ended this first lyne The second sonne and fourth childe of king Emanuel vvas named lord Lewis and dyed also vvithout issue legitimate as is supposed for that don Antonio his sonne that afterward vvas proclaymed king by the people of Lisbone and now liueth in Ingland vvas taken by al men to be vnlawful as presently more at large shal be shewed so as after the death of king Sebastian their entred the Cardinal lord Henry vvhich vvas third sonne to king Emanuel and great vncle to king Sebastian lately disceased for that he was brother to king Iohn the third that vvas grand father to king Sebastian and albeit their vvanted not some accordinge as the authors wryte vvhich afterward I shal name vvho affirmed and held that king Phillip of Spayne should haue succeded king Sebastian before the Cardinal for that he vvas neerer in consanguinitie to him then vvas the Cardinal for that besides that king Phillip was sonne of king Emanuels eldest daughter he vvas brother also to king Sebastians mother yet the said Cardinal entred peceably and by consent of al parties but for that he vvas old and vnmarried and not like to leaue any child of his owne there began presently the contention in his dayes vvho should be his successor To vvhich succession did pretende fiue princes of the blood royal of Portugal besides the lady Catherine Queene mother of France who pretended by her mothers side to be discended of one lord Raphe earle of Bulayne in Picardy vvhich Raphe vvas eldest sonne of Alfonsus the third king of Portugal which Alfonsus before he vvas king to wit in the tyme of his elder brother king Sanches of Portugal was married to the countesse and heyre of Bullayn named Mathildis and had by her this Raphe but afterward this Alfonsus comming to be king of Portugal he married agayne
this affuyre vvil grow somevvhat longe and so be ended at lenght by some composition only and that either by parlament and general consent of al partes pretendentes and of al three bodyes of religion meeting together by their deputes and treat and conclude some forme of agreement as vve see it practised now in France or els by some other meanes of commissaries commissioners legates deputies or the like to to make the conclusion vvith euery partye a sunder My third last coniecture is for a meere coniecture only I vvould haue you to hold it that seeing there be two sortes of pretenders which stande for this preferment the one strangers the other Inglish my opinion is that of any one forrayne Prince that pretendeth the Infanta of Spayne is likest to beare it away or some other by her title layed vppon hym by her father the kinges good will and on the other side of any domestical competitors the second sonne of the earle of Hartford or of the issue of the countesse of Darby carrieth much shew to be preferred My reasons for the former part about the Lady Infanta are that she is a woman and may easely ioyne if her father vvill the titles of Britany and Portugal together she is also vnmarried and by her marriage may make some other composition either at home or abroade that may facillitate the matter she is a great Princesse and fit for some great state and other Princes perhapps of Christendome vvould more vvillingly yeald and concurr to such a composition of matters by this Lady and by casting all forraine titles of Britanie and Portugal vppon her then that the king of Spayne should pretend for himself there by encrease his monarchie which other Princes his neyghbours in reason of state vvould not so well allow to beare In Ingland also it selfe if any partye or person be affected that way he vvould thinke heerby to haue the more reason and if any be against straingers some such moderation as this would take away much of this auersion as also of arguments agaynst it for that heerby it semeth that no subiectiō could be feared to any forrayne realme but rather diuers vtilities to the realme of Inglāde as these mē pretēde by the reasons before alleaged in the precedēt chapter I said also that this Lady Infanta or some other by her title and her fathers good vvil was likest of all straingers to beare it away for that if she should either dye or be married in any other countrye or otherwise to be disposed of as her pretēce to Ingland should be disinabled before this affayre came to be tried then may her said father and she if they list cast their fore saide interests and titles as diuers men thinke they would vppon some other Prince of their owne house and blood as for example either vppon some of the families of Parma or Bragansa before mentioned or of the house of Austria seing theit wanteth not many able vvorthy Princes of that house for whom there vvould be the same reasons and considerations to persuade their admission by the Inglish that haue bin alleaged before for the Infanta the same 〈◊〉 to the realme and motiues to Inglishmen if such a matter should come in cousultation and the same frends and forćes would not want abroad to assist them For the second parte of my coniecture touching the earle of Hartfords second sonne or one of the countesse of Darbyes children my reasons be first for that this secōd sōne seemeth to be cleered in our former discourse of that bastardy that most importeth and neerest of al other lyeth vppon those children which is for lack of due proofe of their parēts marriage for which defect they do stand declared for illegitimate by publique sentence of the archbishop of Canterbury as before hath bin declared from which sentēce this second sonne is made free by the arguments before alleaged and therin preferred before his elder brother And secondly for that this yonger sonne is vnmarried for any thing that I do know to the contrary which may be a pointe of no smalle moment in such an occasion as hath bin noted diuers tymes before for ioyning or fortefying of tittles by marriage and for making of compositions of peace and vnion with the opposite parties And finally for that this second sonne being yonge his religion is not yet much talked of and consequently euery partie may haue hope to draw him to their side especially he being also free as I haue said to follow what he shal thinke best or most expediēt for his owne aduancement without knott or obligation to follow other mens affections or iudgmēts in that pointe as he would be presumed to be if he were married or much obliged to any other familie I do name also in this second pointe the children of the countesse of Darby first for that in truth the probabilities of this house be very great both in respect of their discent which in effect is holden as it were cleeare from bastardy as before hath bin shewed and then againe for their neernes in degree which by the countesse yer liuing is neerer to king Henry the seuenth by one degree then any other cōpetitor whatsoeuer Secondly I do name this countesse children not her selfe for that I see most mē that fauour this house very willing desirous that some of the said countesse children should rather be preferred then she herselfe and this for that she is a vvoman it seemeth to thē much to haue three womē reigne one after the other as before hath bin noted so as they would haue her title to be cast rather vppon one of her children euen as vppon like occasion it hath bin shewed before that the Spaniards caused the Lady Berenguela neece to king Henry the second to tesigne her title to her sonne vvhen she should haue succeeded by neernes of inheritance as a litle before that the state of Ingland did after king Stephen vnto king Henry the first his daughter Maude the Empresse whō they caused to passe ouer her title to her sonne Hēry the secōd though her owne right should haue gone before him by neernes of succession as also should haue done by orderly course of succession the right of Margaret countesse of Richmond before her sonne king Henry the seuenth as before hath bin proued but yet vve see that her sonne was preferred the like vvould these men haue to be obserued in the countesse of Darby Lastly I do name the children of this countesse in general and not the earle of Darby particulerly aboue the other though he be the eldest for two respects first for that his yonger brother is vnmarried which is a circumstance wherof diuers tymes occasion hath bin offred to speake before and therfore I neede to ad no further therin secondly for that diuers men remaine not so fully satisfied contented
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
that realme to obserue the same and to alter the course of natural discent and nearnes of blood as vve haue seene and that the king of Nauarr and some other of his race by vertue of this only law do pretend at this day to be next in succession to this goodly crowne though in nearnes of blood they be farther of by many degrees from the last king Henry the third then either the foresaid Enfanta of Spayne or the Prince of Lorrayne that now is vvho are children of his owne sisters which poynt yet in Ingland vvere great disorder and would not be suffered for that our lawes are otherwise vvho made thes lawes but the common wealth it selfe By al vvhich vve see that diuers kingdomes haue diuers lawes and customes in the matter of succession and that it is not enough as often I haue said for a man to alleage bare propinquity of blood therby to preuaile for that he may be excluded or put back by diuers other circumstances and for sundry other reasons which afterward we shal discusse Yea not only in this pointe said he hath the commō wealth authority to put back the next inheritors vppon lawful considerations but also to disposesse them that haue bin lawfully put in possession if they fulfil not the lawes and condicions by which and for which their dignity vvas giuen them Which poynt as it cannot serue for vvicked mē to be troblesome vnto their gouernors for their owne interests or appetits so yet when it is done vppon iust and vrgent causes and by publique authority of the whole body the iustice therof is playne not only by the grounds and reasons before alleaged but also by thos examples of the Romans and Grecians alredy mentioned vvho lawfully deposed their kings vppon iust considerations chainged also ther monarchie and kingly gouerment into other formes of regiment And it might be proued also by examples of al other nations and this perhapps vvith a circumstance vvhich I know not vvhether euery man here haue considered the same to vvit that God hath vvonderfully concurred for the most part vvith such iuditial actes of the common vvealth agaynst their euel Princes not only in prospering the same but by giuing them also commonly some notable successor in place of the deposed therby both to iustify the fact and to remedy the faulte of him that went before To this al the company answered that they had neuer much thought nor made reflexion vppon any such circumstance and therefore that it could not be but a pointe of much nouelty to here the same discussed requesting him to say what he had obserued or read in that behalfe I am content said he but yet vvith this preface that I am far from the opinion of thos people of our dayes or of old who make so litle accompt of their duty tovvards Princes as be their title vvhat it wil yet for euery mislike of ther owne they are redy to band agaynst them whersoeuer they thinke they may make their partie good inuenting a thowsand calumniations for ther discredit without conscience or reason vvhom in deede I do thinke to haue litle conscience or none at al but rather to be those vvhom the Apostles S. Peter and S. Iude did speake of vvhen they said Nouit Dominus iniquos in diem iudicij reseruare cruciandos magis autemeos qui dominationem contemnunt audaces sibi placentes c. God knoweth how to reserue the wicked vnto the day of iudgment ther to be tormented but yet much more those vvhich do contemne domination or gouerment and are bold and liking of themselues thus much ther. Nay further I am of opinion that whatsoeuer a Princes title be if once he be setled in the crowne and admitted by the common wealth for of al other holdes I esteeme the tenure of a crowne if so it maye be termed the most irreguler and extraordinary euery man is bound to setle his conscience to obey the same in al that lawfully he may commaunde and this without examination of his title or interest for that as I haue said God disposeth of kingdomes and vvorketh his vvil in Princes affayres as he pleaseth and this by extraordinary meanes oftentymes so that if vve should examine the titles at this day of al the Princes of Christendome by the ordinary rule of priuate mens rightes successions or tenures vve should find so many knotts and dificulties as it vvere hard for any law to make the same playne but only the supreme law of gods disposition which can dispense in what he listeth This is my opinion in this behalf for true and quiet obedience and yet on the other side as far of am I from the abiect and vvicked flatery of such as affirme Princes to be subiect to no law or limitation at al either in authority gouerment life or succession but as though by nature they had bin created kings from the begining of the vvorld or as though the common vvealth had bin made for them and not they for the common vvealth or as though they had begotten or purchased or giuen life to the vvealpublique and not that the vvealpublique had exalted them or giuen them their authority honor and dignity so thes flatterers do free them from al obligation dewty reuerence or respect vnto the whole body wherof they are the heades nay expresly they say and affirme that al mens goodes bodies and liues are the Princes at their pleasures to dispose of that they are vnder no law or accompt-giuing whatsoeuer that they succed by nature and generation only and not by any authority admission or approbation of the common wealth and that consequently no merite or demerit of ther persons is to be respected nor any consideration of their natures or qualities to wit of capacity dispositiō or other personal circumstances is to be had or admitted and do they what they list no authority is ther vnder God to thasten them Al thes absurd paradoxes haue some men of our dayes vttered in flatery of Princes and namely of late one Belloy a French man as before I signified in tvvo bookes which he called appologies the one catholique and the other for the king both vvhich he semeth to vvrite in fauour of the king of Nauare and as other also cal him king of France but in my opinion he deserueth smal commendation or revvard to defend a kings title vvith such assertions and propositions as do destroy al law reason conscience and common vvealth and do bring al to such absolute tyrany as no realme euer did or could suffer among ciuil people no not vnder the dominion of the Turke himselse at this day vvher yet some proportion of equity is held betwene the Prince and the people both in gouerment and succession though nothing so much as in Christian nations Wherfore to auoyd thes two extremes I shal proue vnto you the meane before mentioned
by nature is valiant wise liberal or politique shal be the more if also he be pious and religious Which we see euidentlv in king Dauid who notwithstanding al his piety yet omitted he nothing apperteyning to the state and gouerment of a noble wise and politique Prince For first of al he began with reformation of his owne court and realme in matter of good life and seruice of God wherin he vsed the counsel and direction of Gad and of Nathan the Prophet as also of Abiathar and Hitam the cheefe priestes and of Heman his wise councellor He reduced the whole clergie into 24. degrees appointing foure thousand singars with diuers sortes of musycal instruments vnder Asaph Heman and other principal men that should be heades of the quyre He appoynted al officers needful both for his court and also the commō wealth with the armes of the crowne which was a Lyon in remembrāce of the Lyon which he had slayne with his owne handes when he vvas a child he ordeyned a mynt with a peculier forme of money to be stamped tooke order for distributing reliefe vnto the poore other lyke actes of a prudent and pious Prince After al this he turned him selfe to his old exercise of warres to which he was giuen from his child hood being wonderful valiant of his owne person as appereth by the Lion and beare that he slew vvith his owne handes and the corage vvherwith he tooke vppon him the combat with Goliath and as he had shewed himselfe a great vvarier and renowmed captayne many yeares in the seruice of Saul agaynst the Philistians and had gayned many noble victoryes so much more did he after he vvas king hymself for that he conquered not only the Philistians but also the Amorits Idumeans Moabites vvith the kings and people of Damasco and al Syria euen vnto the ruier Euphates left al thes countryes peace-able to his successor and the scripture recompteth in one only chapter how that in three or foure battailes wherin Dauid himselfe vvas present vvith in the space of two or three yeares almost a hundreth thousand horse and foote slayne by him and that himselfe slew in his dayes eight hundreth vvith his owne handes and that he made by his example thirty seuen such Captaynes as ech one of them was able to lead and gouerne a vvhole army and yet among al thes expenses of vvarres had he care to lay vp so much money and treasure as vvas sufficient for the buylding of that huge and vvonderful temple after him which he recommended to his sonne Salamon and amiddest al this valor and couradge of so vvarlyke a king and Captayne had he so much humility as to humble himselfe to Nathan the Prophet vvhen he came to rebuke him for his fault and so mnch patience and charity as to pardon Semei that reuyled him and threw stones at him in the high way as he vvent and among so many and continual busineses both martial and ciuil great affaires of the common vvealth he had tyme to write so many Psalmes as we see and to sing prayses seuen tymes a day to almighty God and to feel that deuotion at his death which we read of finally he so liued and so dyed as neuer Prince I thinke before him nor perhapps after hym so-ioyned together both valor and vertue courage and humility vvisdom and piety gouerment and deuotion nobility and religiō Wherfore though I haue bin somwhat longer then I would in this example yet hath it not bin from the purpose to note somwhat in particuler vvhat two vvorthy kings vvere put vp by God in place of tvvo other by him depriued deposed And now if we vvil leaue the Hebrues and returne to the Romans of vvhom vve spake before we shal find diuers things notable in that state also to the purpose vve haue in hand For before I tould you how that Romulus their first king hauing by litle and litle declined into tyranny he was stayne and cut in peeces by the senate which at that tyme conteyned a hundred in number and in his place was chosen Numa Pompilius the notablest king that euer they had who prescribed al their order of religion and manner of sacrifices imitating therin and in diuers other poyntes the rites and ceremonyes of the Iewes as Tertulian and other fathers do note he began also the buylding of their Capitol added the two monethes of Ianuary and February to the yeare and did other such notable things for that common wealth Agayne when Tarquinius the proud ther seuenth and last king was expelled by the same senate for his euel gouerment and the whole manner of gouerment chainged as before hath bin rouched we see the successe vvas prosperous for that not only no hurt came therby to the common vvealth but exceding much good seing their gouerment and increase of Empire vvas so prospetous vnder their consuls for many yeares in such sort that wheras at the end of their kings gouerment they had but fiftene myles territory without their cytie it is knowne that when their consuls gouerment ended and vvas chainged by Iulius Caesar their territory reached more then fiftene thousand myles in copasse for that they had not only al Europe vnder ther dominion but the principal partes also of Afia and Africa so as this chastisment so iustly layd vppon their kings vvas profitable and beneficial to their common wealthe also Moreouer vvhen Iulius Caesar vppon particuler ambition had brokē al law both humane and diuine and taken al gouerment in to his owne hands alone he was in reuenge hereof slayne as the vvorld knoweth by senators in the senate-house and Octauianus Augustus preferred in his roome vvho proued aftervvards the most famous Emperor that euer vvas I might note here also how Nero sixth Emperor of Rome vvhich succeded lawfully his vnckle Claudius in the Empire and being afterward deposed and sentenced to death by the senate for his wicked gouerment which was the first iudicial sentence that euer the senate gaue agaynst Emperor albeit peace insued not presently but that Galba Otho and Vitellius three great Captaynes of the Empire made some litle enterludes of tragical killing of one the other yet with-in few monethes the whole Empire by that meanes fel vppon Vespasian and his sonne Titus two of the best gouernors that thos tymes euer saw The like might be noted of the noble ranck of fiue excellent good Emperors to wit Nerua Traian Adrian Antoninus Pius aud Marcus Aurclius that ensued in the empire by the iust death of cruel Domitian which execution the senate is thought in secret to haue procured being not able to performe it openly by iustice which vvas seen by that that when the act vvas dōne the senate did presently by publique decree allow of the same and disanulled al his barbarous actes for their
the bracelets the staf vvith the scepter and diademe euery one wherof the archbishop put vppon the Emperor telling him the signification of ech thing and vvhat it did bynd him vnto as for example vvhen he put the svvord about him he said accipe hunc gladium quo ijcias omnes Christi aduersarios malos christianos authoritate diuina per Episcopos tibi tradita Which is take vnto thee this svvord vvherby thow mayst cast out and driue away al the enimies of Christ whether they be barbarous infidels or euel christians and this by the authority of God deliuered vnto thee by vs that are bishops And thus he did vvith al other ornaments and ensignes telling the signification and obligation of euery one and taking the Emperors promise to performe al. And after al the historiographer concludeth thus Rex perfufus oleo sancto coronatur diademate aureo ab Episcopis ab eisdem ad solium regale ducitur in eo colocatur That is the king being annointed vvith holy oyle was crowned by the bishops and by the same vvas brought to the royal seat and therin placed This happened about the yeare of christ 940. and the ceremony is recounted more amply in this mans coronation then in any other both for that he was a very noble Prince and the very first of the Germain nation that vvas lawfully and orderly preferred to the imperial seat after that it passed from the children of Charles the great and ther be diuers points worthy the noting in this example and among other that albeit he were lawful king and Emperor by succession as also by appointment of his father yet was he chosen and admitted againe by the Princes and people that he swore to fulfil al those pointes and condicions which the signification of the Emperial ornaments did bynd him vnto After this about 60. yeares or more Pope Gregory the 5. in a synode holden in Rome did by the consent of Otho the third Emperor and nephew vnto this other Otho of vvhom we haue now treated appoint a certaine forme of electiō for the tyme to come of the German Emperor to wit that he should be chosen by six Princes of Germany three ecclesiastical which are the archbishopes of Moguntia Colen Treuires three temperal Lords to vvit the Duke of Saxony the Counte Palatyne of Rhene and the Marques of Brandeburge and vvhen thes six voices should happen to be equally deuided then that the Duke of Boemia for then it was no kingdom should haue place also to determyne the election Al which was determined in the yeare of Christ 996. in Rome and approued after ward by al the Princes of Germany and allowed by al other Christian Princes and states of the vvorld and so endureth vnto this day And among al other points this of his coronation and his oth to be taken for his wel gouerment vvas and is most exactly set downe recorded by many historiographers of that tyme and since But I shal alleage them only out of Iohn Sleydan as the most conuenient author for this our tyme and purpose First of al then he writeth that after any man is chosen Emperor he is to be called only Caesar and the king of the Romans and not Emperor vntil he be crowned and the conditions which he sweareth vnto presently after his election Are to defend the christian and catholique religion to defend the pope and church of Rome whose aduocat he is to minister iustice equally to al to follow peace to kepe and obserue al lawes rightes and priuileges of the Empyre not to alienate or engage the possessions of the empyre to cōdemne no man without hearing his cause but to suffer the course of law to haue his place in al and whatsoeuer he shal do otherwise that it be voyd and of no Validitie at al. Vnto al thes articles he sweareth first by his legates then he giueth a coppy of his othe in vvriting to euery one of the six electors and after this he goeth to the cytie of Aquis-gran to be crowned in the great church vvher about the midle of the masse the archbishop of Colen goeth vnto him in the presence of al the people and as keth whether he be redy to sweare and promise to obserue the catholick religiō defend the church minister iustice protect the widowes and fatherles and yeald dutiful honor and 〈◊〉 to the pope of Rome wherunto he answering that he is redy to do al this the Archbishop leadeth him to the high aulter wher he sweareth in expresse vvords al thes articles wwhich being done the said archbishop turning himselfe to the Princes of the empyre and people ther present doth aske them whether they be content to sweare obedience and fealtie vnto him who answering yea he is annoynted by the said archbishop before the aulter and then do come the other tvvo Archbishops of Moguntia and Treueris and do lead him into the vestery vvher certaine deacons are redy to apparrel him in his robes and do set him in a chayre vppon vvhom the Archbishop of Colen saith certaine prayers and then deliuereth him a sword drawne and putteth a ring vppon his finger and giueth him a scepter in his hand then al the three Archbishops together do put on the crowne vppon his head and leading him so crowned and apparreled vnto the high aulter againe he sweareth the second tyme that he wil do the part of a good christian and Catholick Emperor Which being ended he is brought back and placed in the emperial seat throne vvher al the Princes of the empyre do sweate obedience and fayth vnto him begining vvith the three Archbishops and continuing on vvith the three other electors and so al the rest in order vvhich is a notable and magestical manner of admitting and authorizing of a Prince as you see and it is to be marked among other things that the emperor sweareth three tymes once by his deputies and twise by himselfe before his subiects sweare once vnto him and yet wil Belloy as you haue hard needs haue subiects only bound to their Princes and the Prince nothing at al bound to them againe In Polonia which being first a Dukedome was made a kingdome aboute the same tyme that this forme of electing of the German Emperor vvas prescribed the manner of coronatiō of their kings is in substance the very same that we haue declared to be of the Emperor For first of al the Archibishop of Guesua metropolitā of al Polonia commeth to the king standing before the high aulter and sayeth vnto him thes wordes VVher as you are right noble Prince to receaue at our handes this day who are though vnworthily in place of Christ for execution of this function the sacred annoynting and other ceremonies ensignes and ornaments apperteyning to the kinges of this land it shaibe wel that we
admonish yon in a few wordes what the charge importeth which you are to take vppon you c. Thus he beginneth and after this he declareth vnto him for what end he is made king vvhat the obligation of that place and dignity byndeth him vnto and vnto vvhat points he must sweare what do signifie the sword the ring the sceptor and the crowne that he is to receaue and at the deliuery of each of thes things he maketh both a short exhortation vnto him and prayer vnto God for him And the kings oth is in thes words Promitto coram Deo angelis eius I do promise and sweare before God and his angels that I will do law and iustice to al and kepe the peace of christ hisChurche and the vniō of his catholique fayth and wil do and cause to be done dew and canonical honor vnto the bishops of this land and to the rest of the cleargie and if which God for bid I should break my oth I am content that the inhabitants of this kingdome shal owe no duty or obedience vnto me as God shal help me and Gods holy ghospelles After this oth made by the king and receaued by the subiects the Lord Martial general of the whole kingdome doth aske vvith a loud voice of al the councellors nobility people ther present whether they be content to submit themselues vnto this king or no Who answering yea the archbishop doth ende the residue of the ceremonies doth place him in the royal throne wher al his subiects do homage vnto him and this for Polonia In Spayne I do find that the manner of admitting ther kings was different and not the same before and after the distruction therof by the Moores but yet that in both tymes ther kings did sweare in effect the selfe same points vvhich before haue bin mentioned in other kingdomes For first before the entring of the Moores when spayne remayned yet one general monatchie vnder the Gothes it is recorded in the fourth national coūcel of Toledo which vvas holden the yeare of our Lord 633. according to Ambrosio Morales the most learned diligēt historiographer of Spayne though other do appoint it some few yeares after in this councel I say it is said that their new king Sissinandus who had expelled Suintila ther fotmer king for his euel gouerment This king Sissinandus I saye comming into the said councel in the third yeare of his reigne accompained with a most magnificent number of nobles that waighted on him did fal downe prostrate vppon the ground before the Archbishops and bishops ther gathered together which vvere 70. in number and desired them vvith teares to pray for him and to determine in that councel that which should be needful and most conuenient both for mainteyning of Gods religion and also for vpholding and prospering the whole common wealth wheruppō thos fathers after matters of religion and reformation of manners vvhich they handled in 73. chapters In the end and last chapter they come to handle matters of estate also And first of al they do confirme the deposition of king Suintila together with his wife brother and children and al for his great wickednes which in the councel is recounted and they do depriue them not only of al title to the crowne but also of al other goods and possessions mouables immouables sauing only that vvhich the new kings mercy should bestow vppon them and in this councel was present and subscribed first of al other S. Isidorus Archbishop of Siuil who writing his history of spayne dedicated the same vnto this king Sissinandus and speaketh infinite good in the same of the vertues of king Suintila that was now deposed and condemned in this said councel wherby it is to presumed that he had changed much his life afterward and became so wicked a man as here is reported After this the councel confirmeth the title of Sissinandus and maketh decrees for the defence therof but yet insinuateth vvhat points he was bound vnto and wherunto he had sworne when they said vnto him Te quoque praesentem regem ac futuros aetatum sequentium principes c. We do require you that are our present king and al other our Princes that shal follow here after vvith the humility which is conuenient that you be meeke moderate towards your subiects and that you gouerne your people in iustice and piety and that none of you do giue sentence alone against any mā in cause of life and death but with the consent of your publique councel and with thos that be gouernours in matters of iudgment And against al kings that are to come we do promulgate this sentence that if any of them shal against the reuerence of our lawes excercise cruel authority with proud domination and kingly pompe only following ther owne concupiscence in wickednes that they are condemned by Christ with the sentence of excommunication and haue theyr separation both from him and vs to euerlasting iudgment and this much of that councel But in the next two yeares after the ende of this councel king Sissinandus being now dead and one Chintilla made king in his place ther were other two councels gathered in Toledo the first vvherof was but prouincial and the second national and they are named by the names of the fift and sixt councels of Toledo In the vvhich councels according to the manner of the Gothes who being once conuerted from the Arrian haeresie were very catholique and deuout euer after and gouerned themselues most by their cleargie and not only matters of religion were handled but also of state and of the common wealth especially aboute the successiō to the crowne safty of the Prince prouision for his children frendes officers and fauorites after his death and against such as without election or approbation of the commō wealth did aspire to the same al thes points I say vvere determined in thes councels and among other points a very seuere decree vvas made in the sixt councel concerning the kings oth at his admission in thes vvords Consonam vno corde ore promulgamus Deo placituram sententiam We do promulgate vvith one hart and mouth this sentence agreable pleasing vnto God and do decree the same vvith the consent and deliberation of the nobles and peeres of this realme that vvhosoeuer in tyme to come shal be aduanced to the honor and preferment of this kingdome he shal not be placed in the royal seat vntil among other conditions he haue promised by the Sacrament of an oth that he vvil suffer no man to break the Catholique faith c. Thus far that synod or councel By which wordes especially thos among other conditions is made euident that thos Princes sweare not only to kepe the faith but also such other conditions of good gouerment as were touched before in the fourth councel and thes things were determyned while
increase or cōfirmatiō of his right thes I say are vnlerned fond wicked assertions in flatery of Princes to the manifest ruine of cōmon wealthes and peruerting of al law order reason which assertiōs albeit they haue bin sufficiently as I suppose refuted before yet meane I to stand a little more vppō them in this place for more euident demonstration of so important a truth as also to see examine what may duly be attributed to bare successiō alone to the end that no man may thinke we meane to improue or imbase that which we esteme in so high degree and thinke that the best and surest way of maynteyning kingly gouerment in the world is to haue it go by succesion as it doth at this day in Ingland and in most other states of Europe besides though yet with the limitations conditions due thervnto wherof I shal now beginne to treat more in particuler but after some little pause if you please for that this other narration hath wel wearied me VVHAT IS DVE TO ONLY SVCCESSION BY BIRTH AND VVHAT INTErest or right an heyre apparent hath to the crowne before he be crowned or admitted by the cōmon wealth and how iustely he may be put backe yf he haue not the other partes requisit also CHAP. VI. VERY resonable it semed to al the whole assembly that some intermission or pause should be admitted as the Ciuilian had required and this aswel for the commodity of the hearers who desired to confer together more in particuler of the poyntes alredy discussed as also of the speaker who whith reason affirmed that he was somewhat weary seing he had continued his spech so long together And so whith one consent they rose al and went into an orchard adioyning to the house and after some houres space returned agayne for that euery man seemed very desirous to heare this other matter debated of the interest of Princes before ther coronation for that they said it touched the very pointe it selfe now in question in Ingland and that which is like to be in action also ere it be long Wherfore they desired the Ciuilian to beginne his discourse and first of all to set downe the very words of Belloy about this matter as also the places wher he writeth the same for that his assertions appeared to them very strainge opposite to al reason of state practise of the vvorld as also contrary to al that vvhich hitherro had bin said and treated Wher-to the Ciuiliā answered trew it is that they are so and more plaine and 〈◊〉 flatteries then euer I haue read vttered by any man to any prince or tyrant vvhat soeuer albeit most of them as you know haue not fayled to find as shameles flatterers as themselues were eyther vayne or vvicked princes and for my part I am of opinion that thes propositions of Belloy vvil rather hurt and hinder then profit the prince for vvhom and in vvhos fauour he is thought to haue written them vvhich is the king of Nauarra whome hereby he would aduaunce as he semeth and haue admitted to the crowne of France vvhithout al consent or admission of the realme But I for my part as I doubt not greatly of his title by propinquity of blood according to the law Salique so on the other side am I of opinion that thes propositions of Belloy in his behalfe that he should enter by only title of birth vvhithout condition consent or approbation of the realme as also vvhithout oth annoynting or coronation yea of necessitie vvhithout restraint or obligation to fulfil any law or to obserue any priuileges to church chapel cleargie or nobilitie ot to be checked by the vvhole realme if he rule amisse thes thinges I say are rather to terifie the people and set them more agaynst his entrance then to aduance his title and therfore in my poore iudgment it vvas nether vvisely vvritten by the one nor politiquely permitted by the other And to the end you may see vvhat reason I haue to giue this censure I shal here set downe his owne propositions touching this matter as I find them in his owne words First then he auoutcheth that al families which enioye kingdomes in the world were placed therin by God only and that he alone can chāge the same which if he refer vnto gods vniuersal prouidence quae attingit à fine vsque in finem fortiter as the scripture saith and vvhithout vvhich a sparrow falleth not ō the grownd as our saviour testifieth no man wil deny but al is from God ether by his ordinance or permission but if we talke as we do of the next immediate causes of empyres princes of ther chāges cleere it is that men also do maye concure therin and that god hath left them lawful authority so to do and to dispose therof for the publique benefit as largly before hath bin declared consequently to say that god only doth thes things leaueth nothing to mans iudgemēt therin is agaynst al reason vse experience of the world The second proposition of Belloy is that where such princes be once placed in gouerment and the law of succession by birth established there the princes children or next of k ynne dō necessarily succede by only birth whithout any new choise or approbation of the people nobilitie or cleargie or of the whole common wealth together And to this assertion he ioyneth an other as straing as this which is that a king neuer dieth for that whēsoeuer or how-soeuer he ceaseth by any meanes to gouerue then entreth the successor by birth not as heyre to the former but as law-ful gouernour of the realme whithout any admission at al hauing his authority only by the condition of his birth and not by adoption or choise of any Which two propositions albeit they haue bin sufficiently refuted by that which hath bin spoken in the last two chapters going before yet shal I novv agayne conuince more amply the vntruth therof Other two propositions he addeth which pattly haue bin touched and answered before and yet I meane to repeat them agayne in this place for that they appertayne to this purpose his former is that a prince once entred to gouermēt and so placed as hath bin said ys vnder no law or restraincte at al of his authority but that himselfe only is the quick and liuing law and that no limitation can be giuen vnto him by any power vnder heauen except it be by his owne wil and that no nation or common wealth can appoynt or prescribe how they wil obey or how their prince shal gouerne them but must leaue his authority free from al bandes of law and this eyther willingly or by violence is to be procured By which vvordes it semeth that he paynteth out a perfect paterne of a tyranical gouerment vvhich how it may further the king of Nauarres pretence in the case he standeth in presently in
our lord 1170. but his deuise had no good successe for that king Henry the yonger made war soore after vppō king Henry the elder had both the kings of France and Scotland many nobles of ingland and Normandie to take his part for which cause it is thought that this thing hath neuer bin put in practise againe since that tyme in Ingland but yet heerby it is euident what the opinion of the world vvas in those dayes of the force of coronation and admission of the common vvealth how litle propinquitie of blood preuaileth vvithout that And for more ample profe heerof and fuller cōclusion of al the whole matter I had thought to haue laid downe also in this place some number of the most nororious examples that I haue read for I haue read many vvherin the commō vvealth vppon iust occasions hath extended her authority to alter the natural course of succession by birth but for that the thing requireth some litle study and loking ouer some notes that I haue taken out of stories for helpe of memorie I shal deferr it vntil our next meeting at vvhat tyme I shall by Gods grace make this pointe very cleere and so ende my vvhole discourse for I see that I haue bin much longer then at the beginning I purposed and now I desire much to giue place vnto our temporal lawyer heere present vvho I doubt not hath matter to say of more delectation pleasure then this though you of your curtesies haue done me so much sauour as to heare me hitherto vvith patience and attention Whervnto the vvhole company answered that not vvith patience but vvith great pleasure delight and contentation they had hard him and so they vvould do the temporal lawer also in his turne but yet they desired him that nothing of this discourse might be omitted but vvholy finished for that it gaue very great satisfaction to al and opened many important pointes vnto them vvhich they had neuer thought of before and vvith this they parted for that night euery man vnto his loging habitation HOVV THE NEXT IN SVCCESSION BY PROPINQVITY OF BLOOD HATH OFTEN tymes bin put back by the commonwealth others further of admitted in their places euen in those kingdomes where succession preuaileth with many examples of the kingdomes of Israel and Spayne CAP. VII AT the next meeting the Ciuilian camein very pensiue as though his head had bin ful of study vvherof being asked the reason he answered that he had reuolued many stories since his departure about the pointe vvhich he promised to treat of that he had found such store and great variety of matter as he knew not vvel vvher to begin and much lesse where to end for quoth he if I should begin with the 〈◊〉 kinges before mentioned it vvere infinite that might be alleaged and perhaps some man vvould say they vvere ouer old and far fetched examples and cannot be presidents to vs in these ages if I lay before you the examples of Romane kings and emperors put in and out against the law and right of succession the same men perhapps vvil answer that it vvas by force and iniury of mutinous souldiars whervnto that common wealth was greatly subiect And if I should bring forth any presidents and examples of holy scriptures some other might chance to reply that this was by particuler priuilege vvherin God almightie would deale and dispose of things against the ordinary course of mans law as best liked himselfe whose wil is more then law and whose actions are right it selfe for that he is lord of al and to be limited by no rule or law of man but yet that this is not properly the acte of a common wealth as our question demanndeth Thus I say it may be that some man would reply and therfore hauing store inough of plaine and euident matter vvhich hath no exception for that it hath happened in setled commō vvealthes those 〈◊〉 home where the law of succession is receaued and established to vvit in Spayne France and Ingland I shal retyre my selfe to them aloue but yet putting you in mynd before I passe any further that it is a matter much to be marked how god delt in this poynt vvith the people of Israel at the beginning after he had graunted to them that they should hauve the same gouerment of kings that other nations round about the had vvhos kings did ordinarily reigne by succession as ours do at this day and as al the kings of the Iewes did afterwards and yet this not-vvith standing God at the beginning to vvit at the very entrance of their first kings vvould shew playnely that this law of succeding of the one the other by birth and propinquity of blood though for the most part it should preuaile yet that it was not so precisely necessary but that vppon iust causes it might be altered For proofe wherof we are to consider that albeit he made Saule a trew and lawful king ouer the lewes consequently also gaue him al kingly priuileges benefites and prerogatiues belonging to that degree and state wherof one principal as you know is to haue his children succede after him in the crowne yet after his death God suffred not any one of his generatiō to succed him though he left behinde him many children and among others Is boseth a prince of 40. yeares of age vvhom Abner the general captayne of that nation with eleuē tribes followed for a tyme as their lawful lord and master by succession vntil God checked them for it and induced them to reiect him though heyre apparent by discent and to cleaue to Dauid newly elected king vvho vvas a stranget by birthe no kynee at al to the king deceased And if you say heere that this vvas for the sinne of Saule vvhom God had reiected I do confesse it but yet this is nothing against our purpose for that vve pretend not that a prince that is next in blood can iustly be put back except it be for his owne defects or those of his ancestors And moreouer I vvould haue you consider that by this it is euident that the fault of the father may preiudicate the sonnes right to the crowne albeit the sonne haue no parte in the fault as vve may se in this example not only of Isboseth that vvas punished and depriued for the offence of Saul his father not with standing he had bin proclay med king as hath bin said but also of Ionathas Saules other sonne vvho vvas so good a man and so much praysed in holy seripture yet he being slayne in warr and leauing a sonne named Miphiboseth he vvas put back also though by nearnes of blood he had great interest in the succession as you see and much before Dauid But Dauid being placed in the crowne by election free consent admission of the people of Israel as the scripture playnly testifieth
he approueth also the same in other realmes vvhen iust occasions are offred either for his seruice the good of the people and realme or els for punishment of the sinnes and wickednes of some princes that the ordinary line of succession be altred Now then to passe on further and to begyn with the kingdomes of Spayne supposing euer this ground of Gods ordenance as hath bin declared first I say that Spayne hath had three or foure races or discents of kings as France also and Ingland haue had and the first race was from the Gothes which began their raigne in Spayne after the expulsion of the Romans about the yeare of Christ 416. to whō the Spaniard referreth al his old nobility as the french man doth to the German Franckes and the Inglish to the Saxons which entred France and Ingland in the very same age that the other did Spayne the race of Gothysh kynges indured by the space of 300. years vntil Spayne was lost vnto the Moores The second race is from Don Pelayo that was chosen first king of Asturias and of the mountayne countrey of Spaine after the distruction therof by the Mootes about the yeare of Christ 〈◊〉 as before hath bin touched which race contynewed increased added kingdome vnto kingdome for the space of other three hundred yeares to wit vntil the yeare of Christ 1034. when Don Sancho may or king of Nauarra at vnto his power the Earldome also of Aragon and Castilia and made them kingdomes and deuided them among his children and to his second sonne named Don Fernando surnamed afterward the great he gaue not only the said Earldome of Castilia with title of kingdome but by mariynge also of the sister of Don Dermudo king of Leon and Asturias he ioyned al those kingdomes together so began from that day forward the third race of the kings of Nauar to reigne in Castel and so indured for syuehundred yeares vntil the yeare of Christ 1540. whē the house of Austria entred to reigne ther by mariage of the daughter and heyre of Don Ferdinando surnamed the Catholique and this was the fourth race of Spanish kings after the Romans which endureth vntil this day And albeit in al thes foure races and ranckes of royal discents diuers exāples might be alleaged for manifest proofe of my purpose yet wil I not deale whith the first race for that it is euident by the councels of Toledo before alleaged which were holden in that very time that in those dayes expresse election was ioyned with succession as by the deposition of king Suintila and putting back of al his children as also by the election approbation of king Sisinando that was further of by succession hath bin insinuated before in the fyft councel of that age in Toledo it is decreed expresly in these wordes Si quis talia meditatus fuerit talking of pretending to be king quem nec electio omnium perficit nec Gothicae gentis nobilitas ad hunc honoris apicem trahit sit consortio Catholicorum priuatus diuino anathemate condemnatus If any man shal imagin said thes fathers or go about to aspire to the kingdome whom the election choise of al the 〈◊〉 doth not make perfect not the nobility of the Gotish nation doth draw to the height of this dignity let him be depriued of al Catholique society and damned by the curse of almighty God by which woords is insinuated that not only the nobility of Gotish blood or neernes by succession was required for the making of ther king but much more the choise or admission of al the realme wherin this councel putteth the perfection of his title The like determinatiō was made in an other councel at the same place before this that I haue alleaged the vvordes are these Nullus apud nos presumptione regnum arripiat sed defuncto in pace principe optimates gentis cum sacerdotibus successorem regni communi concilio constituant Which in Inglish is thus let no man with vs snatche the kingdome by presumption but the former Prince being dead in peace let the nobility of the nation together with the Priests and cleargie appoint the successor of the kingdome by common councel which is as much to say as if he had said let no man enter vppon the kingdome by presumption of succession alone but let the Lords temporal and spiritual by common voice see vvhat is best for the vveal publique Now then according to thes ancient decrees albeit in the second race of Don Pelayo the law of succession by propinquity of blood was renewed and much more established then before as the ancient bishop of Tuys and Molina and other spanish vvriters do testifie yet that the next in blood was oftentymes put back by the common wealth vppon iust causes thes examples following shal testifie as breefly recoūted as I can possibly Don Pelayo died in the yeare of our Lord 737. and left a sonne named Don Fauila who vvas king after his father and reigned two yeares only After whos death none of his children were admited for king thoughe he left diuers as al writers do testifie But as Don Lucas the Bishop of Tuy a very ancient author vvriteth Aldefonsus Catholicus ab vniuer so populo Gothorum eligitur that is as the chronicler Moralis doth translat in spanish Don Alonso surnamed the Catholique was chosen to be king by al voices of the Gotish nation This Don Alonso was sonne in law to the former king Fauila as Morales sayeth for that he had his daughter Erneenesenda in mariage he was preferred before the kings owne sonnes only for that they were yonge vn-able to gouerne as the said historiographer restifyeth And how wel this fel out for the cōmon wealth and how excellent a king this Don Alonso proued Morales sheweth at large from the tenth chapter of his thirteenth booke vntil the 17. and Sebastianus Bishop of Salamança that liued in the same tyme writeth that of his valiant acts he was surnamed the great To this famons Don Alonso succeded his sonne Don Fruela the first of that name who was a noble king for 10. yeares space and had diuers excellent victories against the Moores but afterward declining to tyrannie he became hate ful to his subiects and for that he put to death wrongfully his owne brother Don Vimerano a Prince of excellent partes and rarely beloued of the Spaniards he was him selfe put downe and put to death by them in the yeare of Christ 768. And albeit this kyng left two goodly children behinde him which were lawfully begotten vppō his Queene Dona Munia the one of them a sonne called Don Alonso the other a daughter called Dona Ximea yet for the hatred conceaued against ther father neyther of them was admitted by the realme to succede him but rather his cosen german named Don Aurelio
this second tyme in the warr of Ierusalem and so lost therby his kingdome as before Henry hauing no other title in the world vnto it but by election and admission of the people which yet he so defended afterwards against his said brother Robert that came to clayme it by the sword and god did so prosper him ther-in as he tooke his said elder brother prisoner and so kept him for many yeares vntil he dyed in prison most pitifully But this king Henry dying left a daughter behind him named Mawde or Mathilde which being married first to the Emperor Henry the fift he dyed without issue and then vvas she married agayne the secōd tyme to Geffry Plantagenet Earle of Anjow in France to whom she bare a sonne named Henry vvhich this king Henry his grand father caused to be declared for heyre apparent to the crowne in his dayes but yet after his disceasse for that Stephē Earle of Bollogne borne of Adela daughter to William the Conqueror was thought by the state of Ingland to be more fitt to gouerne and to defend the land for that he was at mans age then vvas prince Henry a child or Maude his mother he vvas admitted and Henry put back and this chiefly at the perswasion of Henry bishop of winchester brother to the said Stephen as also by the solicitation of the Abbot of Glastenbury and others vvho thought be like they might do the same with good conscience for the good of the realme though the euent proued not so wel for that it drew al Ingland into factions and diuisions for auoyding and ending wherof the states some years after in a parlament at Wallingford made an agrement that Stephen should be lavvful king during his life only and that Henry and his ofspring should succede him and that prince William king Stephens sonne should be dcpriued of his succession to the crowne and made only Earle of Norfolcke thus dyd the state dispose of the crowne at that tyme vvhich vvas in the yeare of Christ 1153. To this Henry succeded by order his eldest sonne then liuing named Richard and surnamed Cordelyon for his Valor but after him agayne the succession vvas broken For that Iohn king Henries yongest sonne to vvit yōger brother to Richard vvhom his father the king had left so vnprouided as in iest he vvas called by the french Iean sens terre as if you vvould saye Sir Iohn lacke-land this man I say vvas after the death of his brother admitted and crowned by the states of Ingland and Arthur Duke of Britaine sonne and heyre to Geffery that vvas elder brother to Iohn vvas against the ordinarie course of succession excluded And albeit this Arthur did seeke to remedy the matter by warr yet it semed that god did more defend this election of the common wealth then the right title of Arthur by succession for that Arthur vvas ouer-come and taken by king Iohn though he had the king of Fraunce on his side and he dyed pitifully in prison or rather as most authors do hold he was put to death by king Iohn his vncles own handes in the castle of Roan therby to make his title of succession more cleare which yet could not be for that as wel Stow in his Chronicle as also Mathew of westminster and others before him do write that Geffrey besides this sonne left two daughters also by the lady Cōstance his wife Countesse heyre of Britaine which by the law of Ingland should haue succeded before Iohn but of this smal accōpt seemed to be made at that day Some yeares after when the Barons and states of Ingland misliked vtterly the gouerment and proceeding of this king Iohn they reiected him agayne chose Luys the prince of France to be ther king and dyd sweare fealtie to him in London as before hath bin saide and they depriued also the yong prince Hēry his sonne that was at that tyme but of 8. yeares ould but vppon the death of his father king Iohn that shortly after insued they recalled agayne that sentence admitted this Henry to the crowne by the name of king Henry the third and disanulled the oth and allegeance made vnto Luys Prince of France and so king Henry reigned for the space of 53. yeares afterwards the lōgest reygne as I thinke that any before or after him hath had in Ingland Moreouer you know that from this king Henry the third do take their first beginning the two branches of York and Lācaster which after fell to so great contention about the crowne Into which if we vvould enter vve should see playnly as before hath bin noted that the best of al their titles after the depositiō of king Richard the second depended of this authority of the common wealth for that as the people were affected and the greater parte preuailed so were their titles ether allowed cōfirmed altered or disa nulled by parlaments and yet may not we wel affirme but that ether part vvhen they vvere in possession and confirmed therin by thes parlaments were lawful kings and that God concurred vvith them as vvith true princes for gouermēt of their people for if vve should deny this pointe as before hath bin noted great inconueniences vvould follow vve should shake the states of most princes in the world at this day as by examples which alredy I haue alleaged in part may appeare And vvith this also I meane to conclude and end this discourse in like manner affirming that as on the one side propinquity of bloode is a great preheminence towards the atteyning of any crowne so yet doth is not euer bynde the commō wealth to yeald ther-vnto if waightier reasons should vrge them to the contrary nether is the common wealth bound alwayes to shutt her eyes and to admit at hap-hazard or of necessity euery one that is next by succession of bloode as Belloy falsely fondly affirmeth but rather she is bound to consider vvel and maturely the person that is to enter vvhether he be like to performe his duety and charge committed vnto him or no for that otherwise to admitt him that is an enimye or vnfitt is but to destroy the common wealth and him together This is my opinion and this seemeth to me to be conforme to al reason law religion piety vvisdome and pollicy and to the vse and custome of al vvel gouerned common wealthes in the vvorld nether do I meane heereby to preiudice any princes pretence or succession to any crowne or dignitie in the vvorld but rather do hold that he ought to enioy his preheminence but yet so that he be not preiudical therby to the whole body which is euer to be respected more then any one person vvhatsoeuer Belloy or other of his opinion do say to the contrary Thus said the Ciuilian and being called vppon and drawne to a new matter by the question that ensueth he made his last discourse conclusion
and she neece once remoued he preuailed in like manner and thus farr Gerrard historiographes of France And no doubt but if we consider examples that fell out euen in this very age only concerning this controuersie betweene the vncle and nephew we shal finde store of them for in Spaine not long before this tyme to wit in the yeare of Christ 1276. vvas that great and famous determination made by Don Alonso the wise eleuenth king of that name and of al his realme and nobility in their couites or parlament of Segouia mentioned before by the Ciuilian wherin they disinherited the children of the prince Don Alonso de la Cerda that dyed as our prince Edward did before his father and made heyre apparent Don Sancho brauo yonger brother to the said Don Alonso and vncle to his children the two yong Cerdas Which sentēce standeth euen vnto this day and king Phillip enioyeth the crowne of Spaine therby and the dukes of Medina Celi and their race that are discendentes of the said two Cerdas vvhich vvere put backe are subiects by that sentence and not soueraines as al the world knoweth The like controuersie fel out but very litle after to vvit in the tyme of king Edward the third in frāce though not about the kingdome but about the earldome of Artoys but yet it was decided by a solemne sentence of two kings of France and of the whole parlament of Paris in fauour of the aunte against her nephew which albeit it cost great troubles yet vvas it defended and king Phillip of Spaine holdeth the county of Artoys by it at this day Polidor reporteth the story in this manner Robert earle of Artoys a man famous for his chiualry had two children Phillip a sonne and Maude a daughter this maude vvas marryed to Otho earle of Burgundy and Phillip dying before his father left a sonne named Robert the second vvhose father Robert the first being dead the question was vvho should succede ether maude the daughter or Robert the nephew and the matter being remitted vnto Phillip le Bel king of France as chiefe Lord at that tyme of that state he adiuged it to Maude as to the next in blood but vvhen Robert repyned at this sentence the matter vvas referred to the parlament of Paris vvhich confirmed the sentence of king Phillip wher vppon Robert making his way with Phillip de Valoys that soone after came to be king of France he assisted the said Phillip earnestly to bring him to the crowne against king Edward of Ingland that opposed himselfe therunto and by this hoped that king Phillip would haue reuoked the same sentence but he being once established in the crowne answered that a sentence of such importance and so maturely giuen could not be reuoked Wheruppon the said Robert fled to the king of Inglands part against france thus far Polidor The very like sentence recounteth the same author to haue bin giuē in Ingland at the same tyme and in the same controuersie of the vncle against the nephew for the succession to the dukedome of Britany as before I haue related wherin Iohn Breno earle of Montford vvas preferred before the daughter and heyre of his elder brother Guy though he vvere but of the halfe blood to the last duke and she of the whole For that Iohn the third duke of Britanny had two brothers first Guy of the vvhole blood by father and mother and then Iohn Breno his yonger brother by the fathers side only Guy dying left a daughter and heyre named Iane married to the earle of Bloys nephew to the king of France vvho after the death of duke Iohn pretended in the right of his wife as daughter and heyre to Guye the elder brother but king Edward the third with the state of Ingland gaue sentence for Iohn Breno earle of Montford her vncle as for him that vvas next in consanguinity to the dead duke and with their armes the state of Ingland did put him in possession vvho flew the earle of Bloys as before hath bin declared and ther-by gat possession of that realme and held it euer after and so do his heyres at this day And not long before this againe the like resolution preuayled in Scotland betweene the house of Balliol and Bruse who were competitors to that crowne by this occasion that now I wil declare VVilliam king of Scots had issue tvvo sonnes Alexander that succeded in the crowne and Dauid earle of Huntington Alexander had issue an other Alexander and a daughter marryed to the king of Norway al which issue and lyne ended about the yeare 1290. Dauid yonger brother to king William had issue two daughters Margaret and Isabel Margaret vvas married to Alaine earle of Galloway and had issue by him a daughter that married Iohn Balliol Lord of Harcourt in Normādie vvho had issue by her this Iohn Balliol founder of Balliol College in Oxford that now pretended the crowne as discended from the eldest daughter of Dauid in the third discent Isabel the second daughter of Dauid vvas married to Robert Bruse Earle of Cleueland in Ingland vvho had issue by her this Robert Bruse earle of Carick the other competitor Now then the question betweene these two cōpetitors was vvhich of them should succeede ether Iohn Balliol that was nephew to the elder daughter or Robert Bruse that vvas sonne to the yonger daughter so one degree more neere to the stock or stemme then the other And albeit king Edward the first of Ingland whose power vvas dreadful at that day in Scotland hauing the matter referred to his arbitrement gaue sentence for Iohn Bailliol and Robert Bruse obeyed for the tyme in respect partly of feare and partly of his oth that he had made to stand to that iudgment yet vvas that sentence held to be vniust in Scotland and so vvas the crowne restored afterward to Robert Bruse his sonne and his posterity doth hold it vnto this day In Ingland also it selfe they alleage the examples of king Henry the first preferred before his nephew William sonne and heyre to his elder brother Robert as also the example of king Iohn preferred before his nephew Arthur duke of Britany for that king Henry the second had fower sonnes Henry Richard Geffrey and Iohn Henry dyed before his father vvithout issue Richard reygned after him and dyed also vvithout issue Geffrey also dyed before his father but left a sonne named Arthur duke of Britanie by right of his mother But after the death of king Richard the question vvas vvho should succeede to vvit either Arthur the nephew or Iohn the vncle but the matter in Ingland vvas soone decided for that Iohn the vncle was preferred before the nephew Arthur by reason he vvas more neere to his brother dead by a degree then vvas Arthur And albeit the king of Frāce and some other princes abroad opposed themselues for stomack against this succession of king Iohn yet say these
vvoman vvho ought not to be preferred before so many men as at this tyme do or may stand for the crowne and that it vvere much to haue three women to reigne in Ingland one after the other vvher-as in the fpace of a-boue a thousaid yeares before them there hath not reigned so many of that sexe nether together nor a sunder for that from king Cerdick first king of the vvest Saxons vnto Egbright the first monarch of the Inglish name and nation conteyning the space of more then 300. yeares no one vvomā at al is founde to haue reigned and from Egbright to the Conquest which is almost other 300. yeares the like is to be obserued and from the conquest downeward vvhich is aboue 500. yeares one only vvoman was admitted for inheritrix vvhich was Maude the Empresse daughter of king Henry the first vvho yet after her fathers death vvas put back and king Stephen vvas admitted in her place and she neuer receaued by the realme vntil her sonne Henry the second vvas of age to gouerne himselfe then he vvas receaued vvith expresse condition that he should be crowned and gouerne by himselfe and not his mother which very conditiō vvas put also by the spaniards not long after at their admitting of the lady Berenguela yonger sister of lady Blauch neese to king Henry the second vvherof before often mention hath bin made to vvit the condition vvas that her sonne 〈◊〉 should gouerne and not she though his title came by her so as this circumstance of being a woman hath euer bin of much consideration especially where men do pretend also as in our case they doe An other consideratiō of these men is that if this lady should be aduanced vnto the crowne though she be of noble blood by her fathers side yet in respectt of alliance with the nobility of Ingland she is a meere strainger for that her kyndred is only in Scotland and in Inglād she hath only the Candishes by her mothers side vvho being but a meane familie might cause much grudging amōg the Inglish nobility to see them so greatly aduanced aboue the rest as necessarily they must be yf this womā of their linage should come to be Queene vvhich how the nobility of Ingland vvould beare is hard to say and this is as much as I haue heard others saye of this matter and of al the house of Scotland vvherfore vvith this I shal end and passe ouer to treat also of the other houses that do remayne of such as before I named OF THE HOVSE OF SVFFOLK CONTEYNING THE CLAYMES OF THE COVNTESSE OF Darby and her children as also of the children of the earle of Hartford CAP. VI. IT hath appeared by the genealogie set downe before in the third chapter and oftētymes mentioned since how that the house of Suffolk is so called for that the lady Mary secōd daughter of king Henry the seuenth being first married to Lewis the 12. king of France vvas afterward married to Charles Brandon duke of Suffolke who being sent oner to condole the death of the said king gat the good will to marry the widow Queene though the common fame of al men vvas that the said Charles had a vvife lyuing at that day and diuers yeares after as in this chapter vve shal examine more in particuler By this Chatles Brandon then duke of Suffolk this Queene Mary of France had tvvo daughters first the lady Francis married to Syr Henry Gray marques Dorset and aftervvard in the right of his vvife duke also of Suffolke vvho vvas afterward be-hedded by Queene Mary and secondly lady Elenor married to Syr Henry Clifford earle of Cumberland The lady Francis elder daughter of the Queene and of Charles Brandon had issue by her husband the said last duke of Suffolke three daughters to wit Iane Catherin and Mary which Mary the yongest vvas betrothed first to Arthur lord Gray of wilton and after lefte by hym she was marryed to one M. Martin keyes of kent gentlemā porter of the Queenes housholde and after she dyed without issue And the lady Iane the eldest of the three sisters was married at the same tyme to the lord Guylford Dudley fourth sonne to Syr Iohn Dudley duke of Northumberland and vvas proclaymed Queene after the death of king Edward for which acte al three of thē to vvit both the father sonne and daughter in law were put to death soone after But the L. Catherin the second daughter vvas married first vppon the same day that the other two her sisters vvere vnto lord Henry Herbert now earle of Penbroke and vppon the fal and misery of her house she was left by him and so she liued a sole vvoman for diuers yeares vntil in the begining of this Queenes dayes she was found to be vvith child which she affirmed to be by the lord Edward Seymer earle of Hartford vvho at that tyme was in France vvith Syr Nicholas Throgmorton the Embassador and had purpose and licence to haue trauailed into Italie but being called home in haste vppō this new accident he cōfessed that the child vvas his and both he and the lady affirmed that they were man and vvife but for that they could not proue it by witnesses for attempting such a match with one of the blood royal without priuity and licence of the prince they were committed both of them to the tower vvhere they procured meanes to meete againe afterward had an other childe vvhich both children do yet liue and the elder of them is called lord Henry Beacham and the other Edward Seymer the mother of whom liued not long after nether married the earle againe vntil of late that he married the lady Francis Howard sister to the lady Sheffeild and this is all the issue of the elder daughter of Charles Brandon by lady Mary Queene of France The second daughter of duke Charles and the Queene named L. Elenor vvas married to Henry lord Cliford earle of Cumbeiland and had by him a daughter named Margaret that married Syr Hēry Stanley lord Strāge after earle of Darby by vvhom the said lady who yet liueth hath had issue Fernande Stanley now earle of Darby William and Francis Stanley this is the issue of the house of Suffolk to vvit this Countesse of Darby with her children and these other of the earle of Hartford of al whose clayme 's and titles vvith their impediments I shal here briefly giue accompt and reason First of al both of these families do ioyne together in this one pointe to exclude the house of Scotland both by foraine birth and by the foresaid restament of king Henry authorized by two parlaments by the other exclusions which in each of the titles of the king of Scots and of lady Arbella hath bin before alleaged But then secondly they come to vary betweene themselues about the priority or propinquitie of their owne succession for the children of the earle
stoppe is alleaged diuersly by competitors of diuers religions for that such as are followers and fauoures of the forme of religion receaued and defended by publique authoritie of Ingland at this daye vvhom for distinction sake men are vvont to call by the name of moderate protestants these I saye do vrge this exclusion against the earle of Huntington not vppō any certaine law or statute extant against the same but ab aeqno bono as men are vvont to say and by reason of state shewing infinite inconueniences hurts damages and dangers that must needes ensew not only to the state present of religion in Inglād but also to the whole realme and body politike if such a man should be admitted to gouerne And this consideration of state in their opinion is a more forceable argument for excluding such a man then any statute or particuler law against him could be for that this comprehendeth the very intention meaning and drift of al lawes and lawmakers of our realme vvhose intēsions must needes be presumed to haue bin in al tymes to haue excluded so great and manifest incoueniences thus say they But now those that are of the Roman religion and contrary both to puritan and protetestant do vrge a great deale further this argument against the earle and do alleage many lawes ordinances decrees and statutes both of the Canon and imperial lawes as also out of the old lawes of Ingland vvhich in their opinion do debarr al that are not of their religion and consequently they would hereby exclude both the one and the other of these pretendēts And in fine they do conclude that seing their vvanteth not also some of their owne religion called by them the Catholique in the house of Clarence they haue so much the lesse difficultie to exclude the earle of Huntingtons person for his religion if one of that house were to be admitted of necessitie And this is so much as seemeth needful to be spoken at this tyme and in this place of this house of Clarēce and of the pretenders therof It resteth then that I treate something also of the house of Britanie and France which tvvo houses are ioyned al in one for so much as may apperteyne to any inheritance or pretence to Ingland or vnto any parcel or particuler state therof at home or abroade that may follow the succession or right of women vvhich the kingdome of Frāce in it selfdoth not as is knowne and consequently a vvoman may be heire to the one vvithout the other that is to say she maye be heyre to some particuler states of France inheritable by women though not to the crowne it selfe and so do pretende to be the tvvo daughters of Frāce that were sisters to the late king Hēry the third which daughters were married the one to the king of Spaine that now is by whom he had issue the Infanta of spayne yet vnmarried and her yonger sister married to the duke of Sauoy and the other to vvit the yonger daughter of the king of France vvas married to the duke of Loraine yet liuing by whom she had the prince of Lorayne other children that liue at this day This then being so cleere as it is first that according to the common course of succession in Ingland and other countries and according to the course of all common law the Infanta of Spaine should inherite the whole kingdome of France and al other states therunto belonging she being the daughter and heyre of the eldest daughter of king Henry the second king of France whose issue male of the direct line is vvholy now ended but yet for that the French do pretend their law Salik to exclude vvomen which we Inglish haue euer denied to be good vntil now hereby commeth it to passe that the king of Nauarr pretendeth to enter to be preferred before the said Infanta or her sisters children though male by a collateral line But yet her fauourers say I meane those of the Infanta that from the dukedomes of Britanie Aquitaine and the like that came to the crowne of France by women and are inheritable by womē she cannot be in right debarred as neyther from any succession or pretence in Ingland if either by the blood royal of France Britanie Aquitaine or of Ingland it selfe it may be proued that she hath any interest therunto as her said fauourers do affirme that she hath by these reasons following First for that she is of the ancient blood royal of Ingland euen from the conquest by the elder daughter of William the conqueror married to Allayne Fergant duke of Britanie as hath bin shewed before in the second chapter and other places of this conference and of this pointe they inferr two or three consequences First that vvhen the sonnes of the Conqueror vvere dead without issue or made vncapable of the crowne as it vvas presumed at least wife of king Henry the first last sonne of the Conqueror that he lost his right for the violence vsed to his elder brother Robert and vnto William the said Roberts sonne heyte then say these men ought the said duchesse of Britanie to haue entred as eldest sister And secondly they saye that when duke Robert that both by right of birth and by expresse agrement with William Rufus and with the Realme of Ingland should haue succeded next after the said Rufus came to dye in prison the said lady Constance should haue succeded him for that his brother Henry being culpable of his death could not in right be his heyre And thirdly they say that at least vvise after the death of the said king Henry the first she and her sonne I meane lady Constance and Conan duke of Britanie should haue entred before king Stephen vvho was borne of Adela the yonger daughter of William Conqueror Secondly they do alleage that the Infanta of Spayne descēdeth also lineally from lady Eleanor eldest daughter of king Henry the second married to king Alonso the nynthe of that name king of Castile vvhose eldest daughter leesing by this forfeit al right he had in the kingdome of Ingland it followeth that the same should haue gone to his said sister by her to this lady Blanch her heyre and eldest daughter married into france as hath bin saide which forfeit also of king Iohn these men do confirme by his depriuation by the Pope that soone after ensewed as also by an other depriuation made by the Barrons of his realme as after shal be touched Further more they saye that when Arthur duke of Britanie whom to this effect they do hold to haue bin the only true heyre at that tyme to the kingdome of Ingland vvas in prison in the castle of Roan suspecting that he should be murthred by his said vncle K. Iohn he nominated this lady Blanch his cosen germanie to be his heyre persuading himselfe that she by the helpe of her husband prince Lewis of
vvith the king of Castiles daughter and had by her a sonne called Denyse vvho reigned after him and his successors vnto this day al which succession of kinge Denyse his posteritie the said Queene mother would haue improued and shevved that it apperteyned to her by the said Raphe for this cause sent she to Portugal one lord Vrban bishop of Comince in Gasgonie to plead her cause vvhich cause of hers vvas quicklie reiected and only the forsaide fiue princes discended of king Emanuels children were admitted to tryal for the same which vvere Don Antonio sonne of lord Lewis the king Cardinals elder brother and king Phillip of Spayne sonne of lady Elizabeth the eldest sisteof t he said Cardinal and Philibert duke of Sauoy sonne of the lady Beatrix the same Cardinals yonger sister and the two duchesses of Parma and Bragansa named Mary and Catherine daughters of lord Edward yonger brother of the said Cardinal and yongest child of king Emanuel And for that the lady Mary duchesse of Parma vvhich vvas the elder of the tvvo daughters vvas dead before this controuersie fel out her eldest sonne lord Ranutio now duke of Parma pretended by her right to the said crowne And for that this matter vvas of so great importance euery parte procured to lay downe their reasons and declared their rightes in the best manner they could and such as could not be present themselues in Portugal sent thither their agentes Embassadors and Atturneys to plead their causes for them Don Antonio and the duchesse of Bragansa as inhabitants of that kingdome were present and declared their pretences namely Don Antonio by himselfe and for himselfe and the lady Mary of Bragansa by her husband the duke and his learned councel The prince of Parma sent thither for his parte one Ferdinande Farnese bishop of Parma The duke of Sauoy sent Charles of Rouere aftervvard made Cardinal The king of Spaine as the greatest pretender sent the lord Peter Gyrō duke of Osuna afterward Viceroy of Naples Syr Christopher de Mora knight of his chamber at that tyme but since of his priuye councel and lately made earle of Castel Rodrigo in Portugal of vvhich country he is natiue and besides these two a great lawyer named Roderigo Vasques made since as I heare saye lord President of Castil vvhich is as much almost as lord Chancelor vvith vs. Al these did lay forth before the king Cardinall their seueral reasons and pretensions to the succession of the crowne of Portugal for the fiue persons before mentioned whereof two vvere quickly excluded to wit the duke of Sauoy for that his mother was yonger sister to king Phillips mother and himselfe also of lesse age then the said king And secondly Don Antonio was also excluded by publike and iudicial sentence of the king Cardinal his vncle as illegitimate and borne out of lawful wedloke and albeit Dō Antonio denyed the same and went about to proue hym selfe legitimat affirming that his father the lord Lewis before his death had married with his mother in secret and for this brought forth some witnesses as namely his mothers sister with her husband and two others yet the king Cardinal affirmed that vppon examinatiō he had found them to be suborned vvhich he said vvas euident to him partly for that they agreed not in their speeches and partly for that some of them had confessed the same to wit that they were suborned vvhom he cast into prison and caused them to be punished and so sitting in iudgement accompained with fower bishopes and fower lawyers vvhō he had called to assist him in this cause he pronounced the same Don Antonio to be a bastard for vvhich the Authors that I haue read about this matter which are principally two the first named Hierom Franke a gentleman of Genua who wrote ten bookes in Italian of the vnion of the crowne of Portugal to the crowne of Castilia and the second is named Ioanes Antonius Viperanus a Sicilian as I take him who wrote one booke only in latine de obtenta Portugallia à rege Catholico Phillippo of Portugal gotte by king Phillip the Catholike both these bookes I say out of vvhom principally I haue taken the pointes which heere I wil touch do seuerally set downe the causes following vvhy the king Cardinal did reiect the pretence of Don Antonio before al other pretenders and pronounced him a bastard First for that he had byn euer so taken al the tyme of his fathers life and no man euer dowted therof or called the matter in question vntil now that himselfe denyed the same Secondly for that in the tyme of Iulius Tertius the Pope when certayne decres came out from Rome against the promotion of bastardes the same Dō Antonio sued to the said Pope to be dispensed with al in that case vvhich argueth that then he knew himselfe not legitimate Thirdly that his father the lord Lewis had often tymes both by word and writing testified the same that this Antonye vvas his bastard and had signified also so much in his last vvil testament Fourthly the said Cardinal as of himselfe also affirmed that if his brother the lord Lewis had euer dōne any such thinge as to marry this Woman who was but base in birth and of the Iewish race as these stories do affirme that it is like that he would haue made some of his owne frendes kynred acquainted therwith as a matter so much important for them to know but he neuer did though the said Cardinal auowed that himselfe was present vvith him at his death Fiftly he said that if Don Antonio had bin legitimate how happened that he did not pretend the succession before the Cardinal himselfe next after the death of king Sebastian seing that he vvas to haue gone before the said Cardinal by as good right as his other nephew Sebastian did if he had bin legitimate for that he vvas sonne also to the Cardinales elder brother as hath bin saide Sixtly lastly the said king Cardinal auowched against Don Antonio partly the disagreeing and partly the open confessing of the vvitnesses that they were suborned by him vppon al vvhich causes and considerations he proceeded to the iudicial sentence before alleaged Thus passed the matter in the case of Don Antonio vvho if he had bin legitimate no doubt but by al right he should haue bin preferred before al the other pretenders to the crowne of Portugal and must be at this day towards the crowne of Ingland before al those that pretend of the house of Portugal if vve graunt him to be legitimate and much more clearly may he pretend to the dukedome of Lancaster as before hath bin declared for that it must discend to the lawful heyre of lady Phillip Queene of Portugall wherof enseweth also one consideration not impertinent to vs in Ingland that seing we hold him there for true king of Portugal I see not
their owne and Ireland and Scotland is not far of vvhere frendship perhapps in such a case might be offred and finally in this poynte of abillity great oddes is their seene betweene these Lordes As for their religion I cannot determyne what difference their is or may be betweene them The Lord Beacham by education is presumed to be a protestant albeit some hold that his father and father in law be more inclined towards the Puritans The earle of Darbyes religion is held to be more doubtful so as some do thinke him to be of al three religions and others of none and these agayne are deuided in iudgments about the euent heerof for that some do imagin that this opinion of him may do him goode for that al sides heerby may perhapps conceaue hope of him but others do persuade themselues that it vvil do him hurt for that no side in deede will esteeme or trust him so as al these matters with their euents and consequences do remayne vncertaine But now will I passe to speake of the house of Clarence the cheefe persons wherof and most emynent at this day are the earle of Huntington and his bretheren the Hastings for that the Pooles and Barringtons are of far meaner condition and authoritie albeit the other also I meane the house of Hastings doth not seme to be of any great allyance for that albeit the old earle of Huntington this earles father had two brethren the one S. Thomas Hastings that married one of the Lord Henry Pooles daughters named Lord montague that was put to death which daughter was sister to this earles mother and the other named S. Edward Hastings vvas made Lord of Lowghborow by Queene Mary to whom he was first master of the horse and afterward Lord Chamberland neither of them hauing left issue and this is al I remember by his fathers side except it be his owne brethren as hath bin said of which S. George Hastings is the cheefest By his mothers side he hath only the Pooles whose power as it is not great so what it is is rather lyke to be agaynst him then with him partly for their difference from him in religion and partly for preferment of their owne title vppon the reasons before alleaged By his owne marriage with the daughter of the late duke of Northumberland and sister to the late earles of Lecester and Warwicke he was lyke to haue drawne a very great strong alliance if the said two earles had liued and especially S. Phillip Sidney who was borne of the other sister of the present Countesse of Huntington and his owne sister was married to the earle of Penbroke that now is himselfe to the daughter of S. Francis Walsingham cheefe secretary of the state by al which meanes and by al the affection and power of the party puritan and much of the protestant this earle was thought to be in very great forwardnes But now these great pillers being fayled and no issue yet remayning by the said Countesse his wife no man can assure himselfe what the successe wil be especially seing that of the three bodyes of different religions before described it is thought that this earle hath incurred deeply the hatred of the one and perhapps some ielousy and suspition of the other but yet others do say and no doubt but that it is a matter of singular importance if it be so that he is lyke to haue the whole power of London for him which citty did preuaile so much in aduancing the title of Yorke in king Edward the fourth his tyme as it made him king twise to wit once at the beginning when he first apprehended and put downe king Henry the sixt and the second tyme vvhen he being driuen out of the kingdome by his brother the duke of Clarence and Richard earle of Warwicke he returned from Flanders vppon hope of the fauour of the Londoners and was in deede receaued fauoured and set vp agayne by them especially and by the helps of kent and other places adioyning and depending of London and so it may be that the fauourers of this earle do hope the like successe to him in tyme by this potent cittie For the houses of Britanny and Portugal I shal ioyne them both together for that they are straingers and the persons therof so nigh linked in kynred affinitie frendship as both their tittles forces and fauours may easely be ioyned together and imparted the one with the other as to themselues shal best appeare conuenient The lady Infanta of Spayne pretendent of the house of Britanie is eldest daughter of king Phillip as al the world knoweth and dearly beloued of him and that worthely as al men report that come from thence for that she is a princesse of rare partes both for bewty wisdome and pietie The two yong Princes of Parma I meane both the duke and his brother the Cardinal are ympes in like manner of great expectation and diuers wayes neere of kynn to the said king for that by their fathers side they are his nephewes that is the childeren of his sister and by their mothers side almoost as neere for that they are the nephewes of his vncle Prince Edward Infant of Portugal In lyke neernes of blood are the Duchesse of Bragansa and her children vnto the said king which children are many as hath bin shewed and al of that rare vertue and valor and of that singuler affection vnto the English natiō as it is wonderful to heare what men write from those partes and what others do reporte that haue trauayled Portugal and seene those Princes and tasted of their magnificente liberality so as I haue hard diuers reioyse that are affected that way to vnderstand that their do remayne such noble ofsping yet in forrayne countryes of the true and ancient blood royal of Ingland What the powers and possibilities of al these Princes of the house of Portugal be or may be heerafter for pursuyng their right shal not neede to be declared in this place for that al the world doth know and see the same yet al seemeth to depend of the heade roote which is the king of Spayne himselfe and the yonge Prince his sonne whose states and forces how and where they lye what allyance frendes subiects or followers they haue or may haue it is easy to consider but what part or affection of men they haue or may haue heerafter in Ingland it selfe when tyme shal come for the determyning of this matter no man can tell at this present and what plotts agreements compartitions or other conclusions may be made at that day tyme only must teach vs so as now I know not well what to say further in this affaire but only commend it to Gods highe prouidence and therefore I pray you quoth the Lawyer let me ende with this only that alredy I haue saide and pardon me of my former promisse to put my
6. decret tit 6. de supplē da cap. Grand 1. Garibay in hist. de Portug li. 34. cab 20. 21. The Emperors of Greece Glicas in Annal. part 4. Zon. Annal co 3. in vita Michael Calapha In Polonia In literis reip Polō ad Henr. Valesium pag. 182. 184. Vidc Gagneum part I. de rebus Polon In Suetia Poilin I. 32. histor de Franc. An. 1568. In Denmarke Sleydan l. 4. hist. An. 1532. Munst. l. 3 Cosmogra in descript Dauide Paulus lo uius in viris illust Examples of England King Ihō deposed Polid. hist. Ang. l. 15. An. 1212. An. 1216. An. 1216. King Hēry the thirde King Edvvard the secōd deposed Polyd. 1. 18. hist. Anglicanae Anuo 1326. Stovv in the life of King Edvvard the 2. The man ner of deprimatiō of a king See Stovv and hollings in this mans life King Edvvard the third King Richard 2. deposed Polyd. 1. 20. hist. Aug. 1399 King Hēry the 6. deposed Polyd. lib. 23. histor Anglic. King Richard 3. deposed An. 1487. A point much to be noted The reply of the tēporal lavvyer Belloy apolog catholic part 2. paragraf 9. apol pro rege cap. 9. An obiection out of the prophet Samuel The Povver of a King or rather of a Tirant Belloy apolog part 2. pa rag 7. Apol. pro rege c. 6. 24. 26. Great absurdities and flateries Cic. lib. 2. offic An other absurdity Institut imperial l. 2. Tit. 1. Diuision of goods by ciuil lavv Slaues freemen Arist. lib. 1. polit c. 4. 5. Arist. li. 1. cap. 3. Marke this reason Diuers euident reasons against Belloy 3. Reg. 21. Cap. inouamusio de causibus c. super quibusdam 26. 〈◊〉 de verborum signif The ansvvere to the obiection out of the pro phet Samuel Arist. 1. 5. pol. c. 11. Ioseph 1. 6 antiq c. 4. Deut. 17. 3 Reg. 2. 10. Psal. 2. By vvhat lavv Princes are punished The difference betvvene a priuat mā a common vvealth The Princes autho rity but subdelegat In regulis vtrinque iuris vide in sine sexti Decret reg 75. 69. VVhen an oth bindeth not Cicero li. 1. offic A cleere example Matth. 24 Regul 68. in fine 6. Decret Decret Greg. l 2. tit 24. Decret part 2. cau sa 22. quest 4. c. 5. qu 5. per totū Tvvo principal cases vvhen othes hold not tovvards a Prince AEmil l. 2. hist. Frāc Belfor in vita childer Girard lib. 3 The spech of the French Embassador for depriuation of their king The conclusion hovv and vvhen othes do not bynde subiestes The difrence betvvene a King a tyrant Plat. dial 1. de repub Arist. li. 2. Pol. c. 5. Bart. li. de tyrannide Cicero li. 3. de legibus Cod. l. 1. tit 〈◊〉 〈◊〉 digha Suet. c. 23 in Calig Zō tom 2 in Traian Se in the capter fol lovving The speach of a Souldier The occa sion of the next chapter The first grounde of lavves lymits to Princes Entrance of tyrants into their gouerment The rites of admitting christian Kinges The man ner of admitting Greeke Emperors at their co ronation Zonar tom 3. Annal. in vita Anastas Niceph. l. 16. cap. 29 Euagt l. 2. cap. 32. Vbi supr The Grecian Emperors Qth. Zon. Tō 3. in vita Mich. An. 820. Saxo. Gram. li. 10. Cranzius lib. 3. metrop c. 12. The crovvning of Oth the first VVhitichindus gest Saxon. lib. 1. Ensignes of the empire VVitichin l. 2. Vbi supra Election German Electors Blend decad 2. li. 3 Crant l. 4. cap. 25. Sleyd li. 1 histor An. 1519 The man ner of the Emperors coronatiō at this day Sleyd 〈◊〉 supra Interrogatories to the Emperor Emperial ornaments Second oth To be noted The man ner of coronation in Polonia Alex Gua guinrerū Polon Tom. I. Oricho in Chimer fol. 90. 106 The kinge of poole landes othe Bodin de rep l. 2. c. 9. The admiffiō of kings in Spaine Amb. Mo rales li. 11. c. 17. hist. Hisp. praefat eiusdem concilij The humilitie of King Sissinandus Concil Tol. 4. c. 74. Ambros. Maral l. 11. cap. 17. Cap. 74. Conditions of reigning in Spaine Ambros. Moral 1. 11. cap. 23 24. Concil 5. cap. 2. 3. 4. 5. conc 6. cap. 16. 17. 18. Concil Td. 6. c. 3. The king of Spaines othe at his admission Ambros. Moral lib. 1. cap. 23. The distruction of Spaine The beginning of the restitution of spaine Ambros. Moral li. 13. c. 1. 2. de la Chron. de Esp. Kingdomes in Spayne The gotish lavv of Don Pelayo King of Spayne Ambros. Moral li. 〈◊〉 cap. 2. Lucas Episcop Tuyensin histor Hispan Lodou de 〈◊〉 lib. de hered The old Spanish cerimonyes in making ther Kinge The present manner of Spaine The man ner of French coronation The old ceremonies Belfor l. 3 c. 20. Theuet cosmograph vniuers l. 15. cap. 2. Papir masson annal l 3. pag. 2. 15. Gerand l. 3 del b. estat fol. 238. Francis Belfor hist. fran lib. 3. c. 20 in vita Philip. 1. The coronation of King Phillip the first The speach of the father Notes vppon the kings speaches Memoires du Tillet c. du sacre des Roys The particuler manner of corona tion Prosessiō of faith The oth of the King of France Belfor 1. 3 cap. 20. The peoples election and admifsiō The later order of coronatiō in France The 12. peeres of France ther offices in the coronation Temperal peeres To be no ted Girard du haillan li. 3. de l'estat pag. 240. 242. 258. The ceremonies vsed at this day Francis Belf. in vita Augustus The coronation of Phillip 2. Augustus The oth of the French king vsed at this day The archbishopes blessing spech to the nevv kinge The man ner of coronations takē from France 1. Reg. 10. 16. 2. Reg. 2. 2. Reg. 1. The holy oyle of Rhemes Belfo. l. 3. cap. 57. Esteuan Garribay lib. 22. C 1 Kinges crovvned in nauarra and not in Spaine The Inglish coronation taken frō he frēch Le Sacre des Roys Polid. lib 13. hist. Angliae in vita Henrici In vita D. Thom. Cantuar. apud sarium in mense Decembris The speech of an other Arch-bushop of Canter bury to the King Stovv in vita Henrici 4. Holingsh in his Cro. pag. 476. 1005. The Kinges of England Regal ornaments Stovv in vita 〈◊〉 2. in fine Admissiō and Coronation of King Henry 4. The coro nation of King Edvvard 4. Stovv in vita Her 6. pag. 709. The conclusion of this capter Absurd aslertions of Bclloy A pause Grose flatery The propositions of Belloy apolog ca. h. part 2. §. 7. Matth. 6. 2. Apolog. Cathol part 1. parag 7. 3. Apolog. pro rege 〈◊〉 6. Sc 34. 4. Apolog. Cathol part 2. parag 7. pro rege cap. 9. 5. Apolog. pro rege cap. 20. Successiō of princes by birth better thē ineere election vvhy 2. reason 2. 3. 4. 5. The preheminene of
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